Columbia Complaints; police chief preliminary determination on complaint; appeals to board ordinance (§ 21-51)

(a) Complaints may be filed with the police department or with the city clerk only by the following:

(1) Any person who is an alleged victim of misconduct of a police officer; or

(2) Any family member, friend or attorney of an alleged victim of misconduct of a police officer; or

(3) Any person who witnessed alleged misconduct of a police officer in person; or

(4) Any resident of Boone County.

(b) The city clerk and the police department shall forward complaints within two (2) business days to the police chief and the staff liaison to the Board. Complaints must be filed within one (1) year from the date of the alleged misconduct. The board shall take no action on a complaint alleging misconduct that the

police department is treating as a criminal matter unless and until the police determine that the police officer's alleged conduct was not criminal or a prosecutor has declined to prosecute the alleged offense or a prosecution of the alleged offense has concluded.

(c) The police department shall conduct an investigation of such complaint using processes and procedures established by the department. The investigation and notification of the police chief's preliminary determination to the complainant shall be conducted in such a timeframe as to allow for a minimum of seventy-five (75) days for the board and city manager to review any appeal of the police chief's preliminary determination. The police chief shall request extensions of time, pursuant to RSMo § 590.502, to allow sufficient time for the conduct of the investigation as well as sufficient time for the filing and review of an appeal to the board and/or city manager under this article. Unless the complaint has been withdrawn or the police officer is no longer employed by the city, the police chief shall make a preliminary determination based upon the initial police department investigation that the complaint is one of the following:

(1) Unfounded (acts complained of did not occur or were misconstrued);

(2) Not sustained (insufficient facts established to either prove or disprove the acts complained of);

(3) Sustained (sufficient facts established to prove misconduct); or

(4) The police officer is exonerated (acts complained of occurred but were justified, lawful and proper). If the complaint is sustained, the police chief shall make a preliminary determination for appropriate disciplinary action. The police chief's determination shall remain preliminary and the police department investigation shall remain open to allow board review if requested by the complainant or police officer pursuant to this article.

(d) Within two (2) business days, the police chief shall give written notice of the preliminary determination to the complainant and written notice of the preliminary determination together with a preliminary recommendation for disciplinary action to the police officer. The notice shall include information on the right and manner of appealing the preliminary determination of the police chief to the board.

(e) The police officer and the complainant have the right to appeal the police chief's decision to the board. An appeal to the board must be made in writing and delivered to the city clerk. The clerk must receive the appeal within ten (10) days after the notice of the police chief's written notice of the preliminary determination was given. The appeal must be either hand delivered to the office of the city clerk or sent to the city clerk by United States Mail or electronic mail.

(f) When an appeal has been filed, the city clerk shall promptly notify all board members and the police chief. Within two (2) business days, the police chief shall forward to each board member a copy of all police department records pertaining to the complaint and the investigation of the complaint.