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If the Commission votes to reverse the original determination, the complaint will be <br />heard at the Commission's next meeting. <br />(d) RECONSIDERATION BY THE COMMISSION. Any action taken by the <br />Commission may be reconsidered only on the following conditions: <br />(1) A motion is made by a commissioner who voted on the prevailing side. <br />(2) The motion is made at the same meeting or the meeting immediately <br />following the action taken. <br />(3) If the motion is made at the meeting following the action taken, no vote will <br />be taken until the motion can be placed on the agenda and notice is given <br />via mail to the parties involved in the complaint that a reconsideration <br />motion will be address by the Commission, the date and time when this will <br />take place, and that they may appear and testify on the motion. <br />(e) OTHER MISCONDUCT NOTED. The Commission may further review incidents <br />of misconduct, other than alleged by the complainant, arising from the investigation <br />of a complaint. <br />(f) FINDINGS. The Commission shall give written notice of its findings to the chief <br />of police, the complainant, and the person against whom the complaint is made. <br />(g) CLASSIFICATION OF CASE FINDINGS. <br />(1) INSUFFICIENT EVIDENCE. There is insufficient evidence to <br />prove the complainant's allegations. <br />(2) SUFFICIENT EVIDENCE TO REFER TO CHIEF; FURTHER <br />INVESTIGATION. The case is referred to the chief of police for an <br />investigation by the Office of Professional Standards or other <br />appropriate division. <br />(3) REFER TO CHIEF; NO FURTHER INVESTIGATION. The case is <br />referred to the chief of police for customer service, procedural, <br />operational, administrative, or jurisdictional concerns. <br />(h) BURDEN OF PROOF. The Commission shall investigate and evaluate complaints <br />of misconduct applying a preponderance of the evidence standard. There is <br />sufficient evidence to refer the case to the chief of police if the total weight of <br />evidence tending to prove misconduct outweighs any evidence tending to disprove <br />the misconduct. <br />(i) WITHDRAWAL OF COMPLAINTS. A complaint may be withdrawn by a notice <br />or letter of withdrawal, signed and dated by the complainant. In the event of death, <br />the complaint will be considered automatically withdrawn unless otherwise refiled <br />by an immediate family member within 30 days of death. <br />Page 6 <br />