Sec. 102.03. - Power and duties.
(a) Conduct of meetings. The commission shall conduct all of its meetings consistent with and subject to all city ordinances and published policy directives. Further, the commission shall be subject to statutes regarding government data practices, open meetings, peace officers' bill of rights and related law. The commission shall develop policies and procedures to guide the work of the commission including policies and procedures related to new member orientation, recusal, data privacy, and media contact.
(b) Training required; termination of appointments. Each member of the commission shall, prior to voting on any matter before the commission, participate in a training program which shall include topics related to police work, investigation, relevant law, cultural competency, racial equity, implicit bias, gender, sexual orientation, gender identity as defined in Chapter 183.02 of this Code, physical disability, mental health challenges, and the emotional impact of abuse. Members shall also participate in ride-alongs with an officer on actual patrol duties. Failure to complete the training program shall constitute cause to terminate a member's appointment by the mayor as recommended by the director of the Department of Human Rights and Equal Economic Opportunity. A violation of law regarding government data practices or nonattendance at more than three (3) meetings in a year by a member shall also constitute cause to terminate a member's appointment by the mayor as recommended by the director of the Department of Human Rights and Equal Economic Opportunity.
(c) Review of materials and reports on investigations of complaints. The commission shall review materials and reports on all investigations of complaints concerning members of the police department who are certified by the Minnesota Board of Peace Officers Standards and Training. The materials and reports shall be completed by internal affairs unit staff or independent investigators under contract to the city against sworn personnel. The commission shall consider reports regarding alleged acts of excessive force, inappropriate use of firearms, discrimination as defined in Chapter 183.02 of this Code, racial profiling, poor public relations and such other complaints as may be referred to it by the mayor, the director of the Department of Human Rights and Equal Economic Opportunity, or the chief of police. The materials and reports shall not contain any recommended outcome, but will be limited to the relevant information gathered during the investigation.
(d) Nature of investigatory material; meetings to be closed. The investigatory materials prepared by the internal affairs unit of the police department or independent investigators under contract to the city are considered data collected in furtherance of an active investigation and will be reviewed by the commission. The meetings of the commission on such matters will be closed pursuant to Minnesota Statutes 13D.05, subd. 2 (a) (2), excepting to members of the commission and such other participants as approved by the chair of the commission and the director of the Department of Human Rights and Equal Economic Opportunity in consultation with the police chief and that will facilitate the review process of the commission.
(e) Summary data released. Notwithstanding paragraph (d), and consistent with the Minnesota Government Data Practices Act, the commission will release summarized complaint and case data on an annual basis, which shall be easily accessible on the City of Saint Paul web site. Summary data relating to each complaint shall be include but not be limited to:
1. Complainant's ethnicity, gender, income, age and general location,
2. Nature of complaint;
3. The number of officers who are subjects of the complaint;
4. Ethnicity and gender of officers who are investigated;
5. Whether the complaint results in a recommendation to discipline any officer;
6. How many officers are recommended to be disciplined from any complaint; and
7. Whether the police chief modifies the recommendation of the commission.
(f) Requests for appearances, gathering of additional information and hiring of private investigators; power to subpoena witnesses. The commission may request that individuals appear before it to state facts to supplement files. The commission may also request internal affairs staff to gather such additional information as may be needed for a determination by the commission. The commission may, as provided by a city contract, hire a private investigator as approved by the mayor or the director of the Department of Human Rights and Equal Economic Opportunity. The commission shall have the power to subpoena witnesses to compel their appearance before it.
(g) Recommendations. The commission, after review and deliberation of an investigation, shall, by majority vote, make its recommendation on the case. Such recommendation by the commission shall be upon a finding that the complaint be sustained; or the complaint not be sustained; or that the officer be exonerated; or the complaint is unfounded; or that the matter does not involve guilt or a lack thereof, but rather a failure of a departmental policy to address the situation. The commission shall also, by majority vote, make a recommendation as to any action to be taken concerning an involved officer. Along with its recommendation, the commission may include suggested policy changes for the police department's consideration.
(h) Determination and disposition of investigation by chief of police. Failure of the commission to reach a majority decision shall cause the investigation to proceed directly to the chief of police for determination and disposition.
(i) Review coordinator to inform chief in writing. If a majority decision is obtained, the review coordinator shall in writing inform the chief of police of the recommendation along with the rationale therefor.
(j) Action when chief and commission disagree. In the event the chief of police disagrees with the action recommended by the commission, the chief shall notify the review coordinator, in writing, of the action he or she intends to impose. The review coordinator shall notify the chair who shall have five (5) working days to discuss any concerns he or she may have with the chief of police before any action is finalized. This provision does not prohibit the chief of police from taking immediate action in any case.
(k) Community participation. No fewer than one (1) time per year, the commission shall hold an annual summit in order to review the annual report and evaluate the effectiveness of the commission.
(C.F. No. 93-380, § 1, 6-15-93; Ord 16-49, § 3, 12-14-16)
