COM 0572.007 2008-2010 - Laserfiche WebLink

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RULE 8. PROCESSING OF COMPLAINTS a. CONSIDERATION BY THE COMMISSION. The commission shall consider each complaint for investigation. The complaint must involve an element of misconduct (malfeasance, misfeasance, or nonfeasance) by an officer or employee of the department. The commission shall not refer a complaint for investigation if: 1. The complaint is filed after sixty (60) days of the incident in which the complaint is based upon. However, the commission may allow the filing of a complaint after the sixty -day period for the following reasons: A. Excusable neglect. Lack of knowledge of the existence of the commission or its complaint procedure shall not constitute excusable neglect in any case. B. Newly discovered evidence, which by reasonable diligence, could not have been discovered in time. Any reason for requesting relief from the sixty -day rule must be in writing and will be reviewed by the commission for extenuating circumstances. 2. The complaint is speculative or purely hypothetical and does not involve existing facts. 3. The complaint does not involve an element of misconduct. 4. The complaint is not within the jurisdiction of the commission. b. RECONSIDERATION BY THE COMMISSION. Any action taken by the commission may be reconsidered only on the following conditions: 1. The motion is made by a commissioner who voted on the prevailing side. 2. The motion is made at the same meeting or the meeting immediately following the action taken. 3. If the motion is made at the meeting following the action taken, no vote will be taken until the motion can be placed on the agenda and notice is given via mail to the parties involved in the complaint that a reconsideration motion will be address by the commission, the date and time when this will take place, and that they may appear and testify on the motion. c. OTHER MISCONDUCT NOTED. The commission may further review incidents of misconduct, other than alleged by the complainant, arising from the investigation of a complaint. d. FINDINGS. The commission shall give written notice of its findings to the chief of police, the complainant, and the person against whom the complaint is made. e. CLASSIFICATION OF CASE FINDINGS. 1. SUFFICIENT EVIDENCE. There is sufficient evidence to prove the complainant's allegations. 2. INSUFFICIENT EVIDENCE. There is insufficient evidence to prove the complainant's allegations.