Complaint investigation and hearing procedures.
Indianapolis-Marion County Revised Code § 202-806
in effectSec. 202-806. - Complaint investigation and hearing procedures.
(a) Upon the filing of a complaint, the director shall immediately send a copy of the complaint to the Chief of the Indianapolis Metropolitan Police Department or the chief's designee. In addition, the officer or officers alleged to be involved in the incident shall be notified of the date of the incident, and given a copy of the complaint. After the filing of a complaint, the complaint board shall table its own investigation for a period of sixty (60) working days to allow the department to conduct its own investigation and to allow the chief to take appropriate action. The chief may request an extension of time to complete the investigation from the director. All complaints shall be referred to IMPD Internal Affairs for investigation. An independent investigator employed by the complaint office shall conduct a concurrent investigation and work in collaboration with Internal Affairs.
(b) When the investigation is returned to the citizens' police complaint office, the complaint board shall review the investigation conducted by the department and the action taken by the chief, if any. At the public meeting to review the complaint and investigation, the complainant and officer or officers alleged to be involved in the incident will each be given five (5) minutes to address the complaint board. The complaint board may dispose of the complaint by endorsing the findings and action taken by the agency and shall notify the chief of this in writing. If the complaint board does not agree with the action taken by the chief or with the results of the investigation conducted by the agency, the complaint board may, by majority vote:
(1) Order the director to conduct an investigation into the allegations of the complaint;
(2) Conduct an informal administrative hearing on the complaint; and
(3) Order the director to engage in a process of informal mediation to attempt to resolve the complaint.
(c) If the complaint board determines to hold a hearing, the complaint office shall give written notice to all parties and witnesses at least fifteen (15) days in advance of the scheduled hearing. All testimony at such hearing shall be given under oath and under penalty of perjury.
(d) Upon the completion of the investigation by the complaint office or after the hearing, the complaint board shall make a disposition regarding the complaint. The disposition shall be one (1) or more of the following:
(1) Not sustained (when there is insufficient evidence to prove the allegation(s) made in the complaint by clear and convincing evidence);
(2) Sustained (when there is sufficient evidence to prove the allegation(s) made in the complaint by clear and convincing evidence);
(3) Exonerated (when the allegation made in the complaint is false or not factual, or the conduct complained of was lawful and proper); and/or
(4) Withdrawn (when the complainant requests that no further action be taken on the case).
The disposition must be made within sixty (60) working days after the agency's investigation is returned to the complaint office or after the conclusion of the investigation conducted by the director pursuant to subsection (a) of this section.
(e) The findings and disposition of the complaint board shall be communicated to the chief in writing within ten (10) days of the date of the disposition.
(f) If the chief does not confirm the findings and disposition of the complaint board within thirty (30) days of disposition, or if there is a conflict between the findings and disposition of the complaint board and the findings of the chief, then the complaint board may, upon a majority vote of its members, require mediation between the chief and the director.
(g) Any disciplinary action taken against an officer due to his or her involvement in an incident which resulted in a complaint being filed with the complaint office shall be communicated to the complaint board for disclosure to the public.
(G.O. 13, 2016, § 30; G.O. 35, 2020, § 3)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH202MAOF_ARTVIIICIPOCOPR_S202-806COINHEPRFetched: 10/27/2026
