Atlanta |
Code of Ordinances |
Part II. CODE OF ORDINANCES—GENERAL ORDINANCES |
Chapter 2. ADMINISTRATION |
Article XVI. BOARDS, COUNCILS, COMMISSIONS AND AUTHORITIES |
Division 11. CITIZEN REVIEW BOARD |
§ 2-2202. Definitions.
The following words and phrases as used in this chapter shall have or include the following meanings.
"Abuse of authority" shall mean using their authority as a police department or department of corrections employee to abuse, harass, oppress, or persecute any person.
"Appropriate action required" shall mean that employees shall respond in an appropriate manner to all situations by:
(a)
Being considerate of the rights, feelings, and interests of all persons.
(b)
Taking action in each situation to provide the necessary and appropriate service and insuring proper notification of the proper superiors or supervisors when indicated by the circumstances.
(c)
Requesting the assistance of supervisors when the appropriate action required is unclear or not possible given the circumstances, or not within the scope of authority of the employee of whom such action was requested. Conversely, a supervisor will not direct a subordinate employee to undertake an action which is not within the scope of the supervisor's authority.
(d)
Performing official acts in a lawful, restrained, dignified, impartial, and reasonable manner.
"Abusive language" shall mean harsh, violent, profane, or derogatory language which would demean the dignity of an individual and which shall include profanity and racial, ethnic, or sexist slurs.
"Board" shall mean the Atlanta Citizen Review Board as established in section 2-2201 of this chapter.
"Chief" shall mean the head of the Police Department or Department of Corrections of the City of Atlanta.
"Civilian employees" shall mean all unsworn members of the police department or department of corrections.
"Corrections" shall mean the Department of Corrections of Atlanta.
"Corrections officer" shall mean all Atlanta Department of Corrections officers certified by the Georgia Peace Officer Standards and Training (POST) Council.
"Conduct" shall mean that employees shall not act in an official or private capacity in a manner that shall bring discredit upon the police department or department of corrections, or themselves. Employee misconduct is considered but not limited to engaging in offensive, unprofessional, lewd and/or unethical behavior toward the public, inmates/detainees, fellow employees and/or supervisory personnel.
"Discrimination" shall mean actions or decisions affected by prejudice of gender, race, color, religion, sexual orientation, social class, position or standing in the community, or political belief.
"Discriminatory references" shall mean reference to any person in a derogatory manner because of their gender, race, color, religion, sexual orientation, social class, position or standing in the community, or political preference.
"Excessive force" shall mean the use of more force than what is reasonable and necessary to affect an arrest, prevent an escape, necessarily restrict the movement of a prisoner, defend himself or another from physical assault, or to accomplish other lawful objectives.
"Failure to provide identification" shall mean failure to provide name and badge number upon request while on duty or performing their official duties. Sworn employees at the rank of investigator or above shall provide, upon request, the badge number that was initially assigned to them at the rank of officer.
"False arrest" shall mean arrest by a police officer of a person without probable cause to believe a crime has been or is about to be committed.
"False imprisonment" shall mean the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.
"Harassment" shall mean a course of unwanted, unwelcomed and uninvited behavior which annoys, demeans, threatens, intimidates, alarms, or puts a person in fear of their safety.
"Hearing" shall mean a preliminary examination of the basic evidence and charges by the "board" of an accused person at which testimony is taken from a witness.
"Investigation" shall mean the act or process of investigating or the condition of being investigated; also a detailed inquiry or systematic examination.
"Mediation" shall mean an informal process, voluntarily agreed to by a complainant and the subject officer and conducted with the assistance of a certified, neutral third party, engaged in for the purpose of fully and frankly discussing alleged misconduct and attempting to arrive at a mutually agreeable resolution of a complaint.
"OPS report" shall mean the official file of an investigation conducted by the Office of Professional Standards (OPS) as the result of a complaint against a police officer.
"Police officers" shall mean all Atlanta Police Department officers certified by the Georgia Peace Officer Standards and Training (POST) Council.
"Retaliation" shall mean the act of interfering, harassing, or intimidating a person who filed a complaint, attempted to file a complaint, expressed a desire to file a complaint, or participated in the investigation of a complaint.
( Ord. No. 2016-05(16-O-1072), § 1, 3-30-16 )