Hearing.

Charlotte City Code § 16-60

in effect

Sec. 16-60. - Hearing. (a) Upon receiving a request for an appeals hearing, the board shall hold a hearing within 45 calendar days of the request. Notwithstanding the foregoing, the board may elect not to hear an appeal under this division if civil, criminal or civil service proceedings are instituted and pending. (b) The hearing shall be conducted in closed session to ensure compliance with all applicable laws, including those related to the confidentiality of criminal information or intelligence and personnel matters. The parties may be represented at the hearing by counsel or any other person of their choice. (c) The hearing will begin with the complainant and the department respectively, each in the absence of the other and the other's representatives, presenting statements of facts to the board. Following receipt of the statements of facts, the board may, in its discretion, request additional statements, material, or information from the complainant and/or the department. After receiving the parties' statements and any additional material or information provided. the board shall conduct deliberations in the absence of the complainant and the department. (d) Following the deliberations contemplated in subsection (c), in a public session, and consistent with subsection 16-58(a)(4), the chairperson shall indicate whether the board has decided to conduct additional evidentiary fact-finding and, if so, shall announce the date, time and place of the proceedings. In order to conduct additional evidentiary fact-finding, the board must determine that there is substantial evidence of error regarding the disposition of the disciplinary charges entered by the chief of police. The chairperson shall notify the complainant and other involved parties in writing of the decision and, if evidentiary fact-finding proceedings are to be held, also shall advise all parties in writing of the reasons for the decision to hold evidentiary fact-finding proceedings. (e) If the citizens review board decides to conduct evidentiary fact-finding proceedings, those proceedings shall be concluded within 45 calendar days of the date of the decision to hold them pursuant to section 16-60. Should the complainant or the department desire to continue the evidentiary fact-finding proceedings to a date other than that set by the board, the complainant or the department shall submit a written request for a change of the date of the proceedings, stating the reason for the request. The chairperson shall approve or disapprove such request, provided that such request is received by the board at least seven calendar days prior to the date set for the evidentiary fact-finding proceedings. For good cause, the chairperson may continue the proceedings from time to time, but all appeals must be concluded within 60 calendar days from the date of the decision to hold an evidentiary fact-finding proceeding. (f) Evidentiary fact-finding proceedings shall be conducted as follows: (1) All witnesses must testify under oath. (2) All of the proceedings before the board shall be recorded. (3) All parties involved shall have the right to be represented by counsel or any other person of their choice. (4) The board shall receive and evaluate evidence which may include testimony of the complainant, officers, and other witnesses, and documentary and physical evidence. The complainant shall offer evidence first in support of his appeal. The department shall have the right to cross examine the complainant and his witnesses. Thereafter, the department shall have the right to offer evidence, and the complainant shall have the right to cross examine the department's witnesses. At the conclusion of all the evidence, the complainant or his representative, followed by the department, may make a closing statement. (5) Members of the board may question witnesses or request additional information or further investigation at any point in the process. (6) Members who, in a particular case, have a conflict of interest shall not attend or participate in the proceedings and decision-making process. (g) At the conclusion of the evidentiary fact-finding proceedings, the board shall determine whether, by the greater weight of the evidence, the chief of police clearly erred by: (1) Finding in a disciplinary action that allegations were sustained, not sustained, exonerated or unfounded; or (2) Finding in connection with the discharge of a firearm that the officer's action was justified, not justified, or accidental. (h) Upon conclusion of the appeal process, the complainant shall be notified in writing of the decision of the board who were present at the hearing and, to the extent permitted by applicable law, the reasons for the decision. (Ord. No. 5259, § 1, 11-25-2013)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH16PO_ARTIIDE_DIV2CIREBO_S16-60HEFetched: 10/27/2026