§ 2-2213. Powers and duties of the board.

(a)

The board shall advise the mayor, the president of city council, city council members and the chief of police and the chief of corrections on policies and actions of the police and corrections department with the purpose of improving the ability of police personnel to carry out their duties, and to improve the relationship between the police department, department of corrections and the community.

(b)

The board shall have the responsibility of informing the public about the board and its duties, and shall develop and administer an ongoing program for the education of the public regarding the provisions of this Code section. In addition, the chiefs of police and corrections or a designee shall meet with the, board periodically to aid in its fact-gathering function and pursuant to the provisions of the Atlanta Code of Ordinances.

(1)

Board members shall participate in a minimum of three community outreach activities each calendar year.

(2)

Any board member failing to meet three community outreach activities during any calendar year may be recommended for removal from the board for neglect of duty. The executive director shall maintain a record of board member community outreach activities.

(3)

Each board member shall file a quarterly written report with the board member's appointing entity. The executive director shall maintain a record of all board member written reports to appointing entities.

(c)

The board shall have the power to conduct investigations and hold public hearings.

(d)

The board shall have full discretion to select appropriate individual incidents to review from any person with personal knowledge of alleged misconduct committed by either the Atlanta Police Department or Department of Corrections. Additionally, the board shall have the discretion to review broader issues to study which may be of concern to the community, the police department and department of corrections, or the chiefs of police and corrections; provided, however, that the board shall, to the best extent possible, minimize duplication of effort between the board and any other existing agencies which have jurisdiction over the same matter. The mayor, the president of city council, city council members and the chiefs of police and corrections, and other responsible officials shall ensure that all such agencies cooperate to the greatest extent possible in the performance of their respective activities, studies, and operations.

(e)

The board may initiate studies upon request to the board by any member of the public or the police department and the department of corrections, or at the board's own discretion. The board may review specific complaints or incidents of misconduct against individual police officers; including those involving language related to race, ethnicity, religion, gender, sexual orientation, gender identity, or disability.

(f)

In order to accomplish its goals as set forth above, the board shall have full access in order to interview relevant police department and department of corrections personnel and to obtain copies of and to review and examine relevant documents, including, but not limited to, the following:

(1)

OPS files, citizen complaints, and determinations made pursuant thereto; department and corrections review files; ethics and accountability files, and the files of any other internal investigative agency charged with investigating police misconduct incidents;

(2)

Police paperwork (e.g., police documents and other paperwork produced by the police department and department of corrections for the purpose of investigating suspects or to aid in their prosecution);

(3)

Information related to past assignments and disciplinary action;

(4)

Police department and department of corrections directives and other documents that the board deems relevant to the issue under review;

(5)

All general summaries, statistical compilations, and other internal reports on shootings, injuries, and complaints of abuse, training, and any other issues related to the work of the board.

(6)

The board, at its discretion, may make specific recommendations at any time, and shall issue a public report summarizing its activities and recommendations not less than once a year to the mayor, the president of city council, city council members, the chiefs of police and corrections, and the city ethics officer, and shall make copies of the report available to the public in the office of the Municipal Clerk of the City of Atlanta.

(7)

No board finding or recommendation shall be based solely upon an unsworn complaint or statement, nor shall prior unsubstantiated, unfounded, or withdrawn complaints be the sole basis for any such finding or recommendation.

(g)

The board shall acknowledge receipt of complaints filed by individuals alleging police or corrections officer misconduct within ten business days of receiving any such complaint. Such response shall indicate whether, in the exercise of its discretion, the board shall study the allegations made, not study them, or request additional information to enable the board to make a decision on its options.

(h)

All employees of Atlanta City Government are hereby directed to fully cooperate with the board by promptly producing documents, records, files, and any other information that the board may request. In addition, employees, on request of the board, shall be available to meet with and be interviewed by, the board or its representatives, and/or to testify before the board. Upon notification by the executive director of the board that an employee has not cooperated as requested, the police chief or corrections chief shall cause appropriate disciplinary action to be instituted against the employee, and shall notify the board of the outcome of such action.

(i)

The board may exercise subpoena power by majority vote, and compel access to or production of such materials or the appearance of such person as may be relevant to investigate or study or review matters within the board's authority and discretion. The board shall pay a $25.00 witness fee to Atlanta Police Department and Department of Corrections employees subpoenaed by the board to appear during any hours except the regular duty hours to which the employee is assigned.

(j)

Failure to comply with a subpoena pursuant to this section shall be punishable in accordance with section 1-8 of the City of Atlanta Code of Ordinances.

(k)

Corrections or police personnel who are designated as the subject of a related criminal investigation by a local law enforcement agency may elect not to appear until the conclusion of that investigation. Hearings shall be informal and strict rules of evidence shall not be applied. Testimony under oath shall be received from all persons who appear and purport to have information which is material to the complaint. A record shall be kept and shall be made available, upon payment of costs, to any person requesting same.

(l)

All hearings shall be open to the public, except when, in the opinion of the board, and in accordance with the Open Meetings Act, executive sessions are required.

(m)

The board shall have the power to recommend that the chief of police and the chief of corrections take certain actions.

(1)

The board may recommend general reforms (such as changes in training, changes in the preservation of records, changes in counseling available to officers) or specific actions directed at individual officers (including, but not limited to, hiring, firing, promotion, demotion, punishment, or commendation);

(2)

Provided, however, that the chiefs of police and corrections shall retain full and ultimate authority, power, discretion, management prerogatives, and responsibility to set disciplinary policies or take other lawful actions they deem appropriate relative to the police department and department of corrections under the provisions of the City of Atlanta Code of Ordinances;

(3)

Provided, further, that nothing in this section shall be construed to limit the rights of members of the police department and department of corrections with respect to disciplinary action, including but not limited to the right to notice and a hearing, which may be established by any provision of law or otherwise. The provisions of this section shall not be construed to prevent or hinder the investigation or prosecution of members of the police department or department of corrections for violations of law by any court of competent jurisdiction, a Federal or State Grand Jury, the United States Attorney for the State of Georgia, the Fulton County District Attorney, or other authorized officer, agency, or body.

(4)

The chief shall not accept a recommendation from the board that shall punish the same officer more than once for the same act or omission that constitutes misconduct for which the officer has already been punished by the city.

(n)

The board shall report a summary of findings semi-annually to the public safety committee.

(o)

Within 30 days of the submission of a recommendation for action by the board to the chief of police or corrections, the chief of police or the chief of corrections shall respond in writing regarding which recommendations are accepted, rejected, held due to a pending OPS investigation or will be implemented with modifications. The responses from the chief of police and chief of corrections shall provide a legal or factual justification, or indicate a managerial prerogative that clearly states the reason for the acceptance, rejection, or implementation with modifications of the board's recommendations. For those recommendations held by the chief of police or chief of corrections because the investigation has not been completed, the police department and department of corrections shall provide a status update in writing every 45 days from the date of the initial notification letter. Once a final decision is reached, the chief of police or chief of corrections shall respond to the board no later than 90 days with a final decision and action on the recommendation.

(p)

The board may operate a mediation program to handle certain complaints against police and corrections officers that will allow for greater understanding of incidents between citizens and officers.

(1)

Complaints involving, but not limited to courtesy, language (excluding race, gender, and sexual orientation), abuse of authority, appropriate action (minor detainments without legal authority), and harassment, shall be eligible for mediation.

(2)

The executive director may refer appropriate complaints to mediation as an option to resolution of the citizen complaint, subject to agreement being obtained from the complainant and officer(s) as well as no litigation pending regarding the incident to be mediated.

(3)

The board shall be permitted to contract for mediation services.

(4)

Once referred to mediation, the complainant and the subject officer(s) shall be required to participate in good faith in the mediation process. The mediation process shall continue for as long as the mediator believes it may result in the resolution of the complaint, except that it shall not extend beyond 30 days from the date of the initial mediation session, without approval of the executive director.

(5)

The complainant and the subject officer(s) shall attend the mediation session and sign the Atlanta Citizen Officer Mediation Program's Memorandum of Agreement. If mediation is successful, the mediator and the parties shall sign a mediation agreement and the complaint will be closed as mediated. A letter indicating the successful resolution of the complaint will be forwarded to the chief of police or chief of corrections.

(6)

If mediation is unsuccessful, the complaint shall be referred back to the executive director for further investigation if the complainant chooses to move forward under the normal investigative authority procedures.

(7)

If, after agreeing to participate in mediation, the complainant fails or refuses to participate in mediation in good faith and/or fails to attend the mediation session at the appointed date and time without a valid excuse, the executive director shall dismiss the complaint.

(8)

If, after agreeing to participate in mediation, a subject officer fails or refuses to participate in mediation in good faith, such failure or refusal shall constitute misconduct and grounds for disciplinary action. If warranted by the evidence, the chief of police or corrections shall cause appropriate disciplinary action to be initiated against the officer and shall notify the board of the outcome of such action. If a police officer fails or refuses to participate in mediation in good faith, the executive director shall refer the complaint for further investigation under the investigative authority procedures.

(9)

Mediation tolls the timelines established for the investigation and subsequent process.

(10)

No record will be made of the mediation proceedings. No information discussed will be used in any subsequent investigation or proceedings.

(11)

The mediators shall be neutral trained mediators unaffiliated with the board or any other department of the City of Atlanta. The mediators shall be certified through the State of Georgia.

( Ord. No. 2016-05(16-O-1072), § 1, 3-30-16 )