HomeMy WebLinkAbout04075 AS AMENDED -- 11/14/77
RESOLUTION NO 4075
A RESOLUTION ESTABLISHING GUIDELINES FOR
LEGISLATIVE INVESTIGATION BY THE CITY
COUNCIL OF CITIZENS COMPLAINTS CONCERNING
THE POLICE DEPARTMENT
WHEREAS, citizens of the City have presented complaints
about the police department and its officers to the City Council,
and
WHEREAS, requests have been made to the City Council for
the creation of a civilian police review board, and
WHEREAS, the functions, powers, authority and effectiveness
of civilian police review boards created in the other communities
have been varied and different, and
WHEREAS, the City Council in its capacity as the legislative
branch of City government desires to investigate and review such
complaints and to consider the enactment of additional legislation
concerning the orderly conduct of the affairs of the police depart-
ment, and
WHEREAS, Section 3 -5 of the Charter of the City of Pueblo
permits and authorizes the City Council to investigate any agency
of the City and the official acts of any officer or employee thereof,
now therefor,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, THAT
SECTION 1
The City Council shall review written complaints of official
misconduct filed against members of the police department involving
(a) Unnecessary or excessive force,
(b) Abusive or insulting language, or
(c) Conduct or behavior which is derrogatory of a person's
race, religion, creed or national origin or which deprives any
person of rights guaranteed by law
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SECTION 2
The City Counci_1 shall decide which written complaints shall
be investigated and for said purpose does hereby establish the
following procedures
(a)'• Any citizen desiring to complain against any member of
the police department involving matters set forth in Section 1
hereof. may file- a written complaint upon forms to be prepared by
the-City Attorney w ith-.an y member of the City Council, the City
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Manager the Chief of Police Such complaints when filed shall
not be-a matter of public record
(b)- The City `Council after review of any written complaint may
take such further action° thereon as the City, Council shall detettin,e,,
which action may include the taking of testiinon.y under oath, receipt
of testimony, documents or other evidence at executive sessions, or
investigation by the internal affairs division of the police depart=
sent or by such other agency or individual as the City Council may
designate.
(c)' The complainant, the member or. members of the police
department complained of, and other witnesses may be subpoerf d by
the City Council to attend meetings of the Council and be. compelled
to testify under oath pursuant to Subpoenas issued by the `President
of the City Council Cross- examination and examination of persons
by the complainant. or member complained of, shall be permitted
Complainants and members complained of, may be represented before
the Council by any person of their chosing, provided written notice
of usch representation: be to the: Council at or prior to such
persons. attendance before the Council The Council may consider
any matter which in its opinion is reasonably reliable and calculated
to aid the Council in its review and investigation The Council
shall not be required to observe rules of evidence as applied. in
courts or in quasi - judicial proceedings The President of the City
Council ,s.hall conduct such proceeding and rule on procedural matters
presented at any meeting of the Council convened hereunder and the
City Attorney shall advise the Council and the President of the
Council concerning all matters relating to the .investigation review
pf :coi?iplaints and proceedings.
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SECTION 3
All decisions, determinations, proceedings and actions of the
Council taken pursuant to this Resolution are hereby determined
and declared to be legislative proceedings and matters not subject
to judicial review
INTRODUCED November 14, 1977
By ISAAC C. DURAN
Councilman
APPROVED `7E 4 -rz-
President�of the Co cil
ATTEST
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