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minutes 10-27-99Page 28 of 48
<br />CORREA: Let me address that question.
<br />YUEN: I know what the Police Union position would be on that question, but I would be interested to
<br />know, because it seems like, to me, that the role of the Police Commission, given that they are over the
<br />Police Department, it’s hard for me to understand why the Police Commission, unless it’s specifically
<br />prohibited in the statute, the Police Commission cannot find out what disciplinary actions have been
<br />taken against police officers on an individual basis. Is that true?
<br />RAY: Chief Correa.
<br />CORREA: Let me answer Marni’s question first. There is a report that is filed annually.
<br />HERKES: Yes, that’s what it says here. An annual report.
<br />CORREA: The report is a general report, and it’s also filed to the Legislature, required under the 92F
<br />Statute, that explains to them the number of incidents, the number of discharges, suspensions, and so
<br />forth.
<br />To answer Mr. Yuen’s question. Currently, when a complaint is filed, it’s filed with the Police
<br />Commission. It’s notarized. It’s handled. The Commission first considers the complaint, and at the first
<br />time they consider the complaint, they can determine whether or not they’re going to accept it, or they’re
<br />not going to accept it. Now, if they accept the complaint, the complaint is then investigated. After it’s
<br />investigated, they deliberate. The Police Commission does. And if they deliberate, their rules say they
<br />can find it unfounded, sustained, not sustained, or exonerated. They make a determination, and once
<br />they make that determination; let’s say if it’s sustained, then that report is forwarded to the Police
<br />Department. The complainant, or the victim, at that time, receives the information that it has been
<br />sustained by the Police Commission. Now, your question comes into play, whether or not after we
<br />investigate it, and we investigate it differently. And we come to a conclusion by our Administrative
<br />Review Board, and let’s say we mete out discipline, no, the Commission does not receive that name at
<br />this particular time because their duties and functions, in the Commission, say that they shall review,
<br />consider, and furnish a report to the Chief of Police. Okay, review, consider, and refer a report to the
<br />Chief of Police. Discipline would come under administrative duties of the Chief of Police, and the
<br />Charter is clear, as far as the Commission, says that they will not interfere with administrative duties of
<br />the Chief of Police.
<br />YUEN: Yes, but it says except for purposes inquiry.
<br />CORREA: Yes.
<br />YUEN: So, if the Police Commission were to inquire -
<br />CORREA: Yes, right.
<br />YUEN: As to, we sent 20 sustained -
<br />CORREA: Complaints.
<br />YUEN: Allegations to the Police Department. What happened?
<br />CORREA: We can tell them that we investigated 20 cases, and we can give them the general findings of
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