14.12.320 - Limitations on the Auditor
A. The Auditor shall not examine the following:
1. Department personnel files;
2. Internal Investigation Section files;
3. Files of confidential communications as defined in Section 14.12.090;
4. Personal files of the Chief of the Department that are excluded from this Chapter 14.12 by subsection 14.12.120.A.4;
5. Specific case files which the King County Prosecuting Attorney personally certifies in writing need to be withheld from the Auditor's review because the files involve investigations of corruption or malfeasance in office of a governmental official or employee, a potential conflict of interest for the Auditor, or investigations of organized criminal activity conducted as a continuing enterprise solely for the purpose of obtaining monetary gain wholly or in part through racketeering, vice, narcotics, gambling, fencing, or similar economic criminal activity. As to each file, the Prosecuting Attorney's certificate shall state that he has personally reviewed the case file and found that the file complies with this chapter. The Prosecuting Attorney's certificate shall also include a summary apprising the Auditor of the scope and purpose of the investigation. With respect to the certified files, the Prosecuting Attorney shall exercise all the powers and discharge all the responsibilities normally exercised and discharged by the Auditor under the provisions of this Chapter 14.12;
6. Files maintained exclusively for confidential criminal information regarding organized criminal activity received by the Department through membership in the Law Enforcement Intelligence Unit (LEIU) and files maintained exclusively for confidential criminal information regarding narcotics activity received by the Department through membership in the Western States Information Network (WSIN), which are audited under subsection 14.12.320.C.
B. In discharging his or her responsibilities, the Auditor shall protect the confidentiality of Department files and records, and shall also be bound by the confidentiality provisions of the chapter 10.97 RCW), chapter 42.56 RCW, and the provisions of RCW 43.43.856. The Auditor shall not identify the subject of an investigation in any public report required by this Chapter 14.12. The Auditor shall not remove from Department facilities any record, extract, or other information, the disclosure of which is exempt from public disclosure under chapter 42.56 RCW. Any violation of the confidentiality of Department files and records or the provisions of this Chapter 14.12 shall be sufficient cause for removal of the Auditor.
C. The Chief of the Department shall exercise all the powers and discharge all the responsibilities normally exercised and discharged by the Auditor with respect to files maintained exclusively for confidential criminal information obtained through the Department membership in the Law Enforcement Intelligence Unit (LEIU) and the Western States Information Network (WSIN), which shall be limited to and subject to the following definitions and conditions:
1. All information designated for audit by the Chief shall meet all the provisions of this Chapter 14.12 controlling the collection, receipt, and/or transmittal of information.
2. Only information regarding organized criminal activity obtained by a designated departmental LEIU representative, or information regarding criminal narcotics activity obtained by a designated departmental WSIN representative, from designated LEIU or WSIN representatives, respectively, in other agencies, will be audited under this subsection by the Chief. All other information collected from outside agencies will be subject to audit by the appointed Auditor.
3. "Organized criminal activity" is defined as conduct that relates to a continuing enterprise engaged in solely for the purpose of obtaining monetary gain wholly or in part through racketeering, vice, narcotics, gambling, fencing, or similar criminal activity.
4. "Criminal narcotics activity" is defined as conduct that relates to the illegal manufacture, transportation, distribution, or sale of narcotics or other controlled substances.
5. All information designated for audit by the Chief shall be filed separate from other Department files.
6. Access to the information designated for audit by the Chief shall be limited to police officers specifically designated by the Chief of Police.
7. Information designated for audit by the Chief shall not be referenced or indexed in other Department files.
D. The Chief of the Department shall submit a final report of his/her audit to the Mayor. The Chief's report shall be comparable to that of the Auditor as prescribed in subsection 14.12.330.B.2, except that the Chief's report shall include a description of each type of document audited without disclosing its contents, the number of each type of document audited, the number of documents received from LEIU or WSIN, and the number of documents received from designated LEIU or WSIN representatives. The Chief's report shall also include a current set of bylaws for LEIU and for WSIN. The Mayor shall certify the report as the final audit to the City Council, the City Attorney, and the City Clerk for filing as a public record. The Mayor, in the exercise of all of his/her duties under the City Charter, shall supervise the Chief of the Department to ensure that he/she faithfully performs the duties assigned under this Chapter 14.12 and Section 14.12.320.
E. Failure of the Chief of the Department to send any notice required by Section 14.12.340 or to report any substantial violation of this Chapter 14.12 as required by subsection 14.12.330.B.2 shall effect his immediate suspension from office without pay and shall be cause for his/her removal from office. Failure of the Chief of the Department to discharge any other duties required by this subsection 14.12.320.E may be cause for his/her suspension or removal from office.
(Ord. 117242, § 15, 1994 [department head name change]; Ord. 110640, § 13, 1982; Ord. 110572, § 31, 1982; Ord. 108333, § 30, 1979.)
