Office of the Police Monitor Dallas
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Filed on 12-6-11 in the City of Dallas, TX Communities Organizing Against Police Terrorism
“Office of the Police Monitor” ORDINANCE NO. _______________
An ordinance amending Chapter 37, “Police,” of the Dallas City Code, as amended, by repealing Article III and adding a new Article III, entitled “Office of the Police Monitor,” to replace the “Dallas Citizens Police Review Board,”, and to be comprised of Sections 37-31 through 37-38; amending Section 2-122(a)(10)(B) of Chapter 2, “ADMINISTRATION,” and Section 5-1.4(a)(4) of Chapter 8, “BOARDS AND COMMISSIONS,” of the Dallas City Code, as amended creating the “Office of the Police Monitor”, dissolving the technical advisory committee; establishing powers, functions, duties, and procedures of the board; providing for eligibility of board members; providing for an electoral process for all board members; creating an elected Director position; repealing Ordinance No. 19983; as amended, passed by the city council on June 8, 1988.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That CHAPTER 37, Sec. 37-31 through Sec. 37-38 “Police,” of the Dallas City Code, is amended by repealing Article III “Dallas Citizens Police Review Board”, and adding a new Article III, entitled “Office of 1
the Police Monitor,” to be comprised of Sections 37-31 through 37-38, to read as follows:
ARTICLE III. OFFICE OF THE POLICE MONITOR
SEC. 37-31.
BOARD CREATED
BOARD CREATED; APPOINTMENT; TERM; MEETINGS.
(a) There is hereby created the “Office of the Police Monitor” (the "board") with all powers conferred on the board, exercised by the board. APPOINTMENT (b) The board is to be composed of 15 members, nominated and elected in the manner hereinafter provided. One member of the Office of the Police Monitor, Place 15, shall be elected by the qualified voters of the entire city and 14 members by the qualified voters residing in a particular district, Places 1 through 14 respectively, as provided in accordance with Chapter IV of this Charter. Members of the board, Places 1 through 14, shall each be elected for a term of two years and member of the board, Place 15, hereafter called “Director”, shall be elected as Director of the Office of the Police Monitor for a term of two years, and shall be compensated in accordance with Ch. III Sec.(4)(a)(b)(c)(d) of this Charter. The board members so elected shall take office on the first Monday following the 30th calendar day after the final canvass of the general election, and they shall serve until their respective successors have been elected and qualified. (1) The full “board” shall appoint the Vice-Director who will function as the Director if that person is unable to operate in the position. (2) All members shall be appointed for a term to expire on May 19, 2013. All subsequent appointments will be made in May of each oddnumbered year for a two-year term beginning on May 19. Members shall 2
serve until their successors are appointed and qualified. (3) For purposes of eligibility to serve on the Office of the Police Monitor, the board created by this ordinance shall be considered a new board so that previous service on any board will not be considered in determining membership and membership on any previously existing board will not carry over to the board created by this ordinance. (c) The following persons shall be disqualified for appointment to and (1) persons who are in violation of Article XII, "Code of Ethics" of
service on the board Chapter 2 of the city code and persons disqualified from appointment pursuant to Section 8-1.4 of the city code; and (2) persons who are employees or business associates of either an adversary party or a representative of an adversarial party, and persons who have a pecuniary interest, in any pending litigation or claim against the city relating to the board or the police department or against any individual officer or employee of the police department (unless unrelated to such individual's office or employment). (3)Any board member who is disqualified for appointment to and service on the board under Subsection (4) shall forfeit membership on the board. Upon determination by the board chair (the “Director”), that a A board member required to forfeit board member is so disqualified, the Director will notify that board member and the city secretary. board membership will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. (4)Under no circumstances may the city council or the board Director be authorized to waive the requirements for appointment to and service on the board referenced in Subsection (c)(1) LIMITATION OF TERMS (d) A person who has served as a member of the board other than Place 15 for four consecutive two-year terms shall not again be eligible to become a candidate for, or to serve in, any place on the board except Place 15 until at least one term has elapsed (1) A person who has served two consecutive terms as a Director of the 3
board, Place 15, shall not again be eligible to become a candidate for, or to serve in, Place 15 on the board until at least one term for Place 15 has elapsed. (2) A "term" as used in Subsection (b) shall include any period of service during a board term when that period is in excess of one year, including a term from which the member resigned. It is the intent of the board and the citizens of the City of Dallas that the membership of the board be representative of the ethnic and economic diversity of the city. MEETINGS (e) Each board member must attend a training session to become familiar
with police procedures; (f) The board must meet at least once each month in city hall and at
other times at the call of the chair (“Director”). (g) For purposes of Sections 2-122(a)(10)(B) and 8-1.4(a)(4) of the city
code, the police department shall be deemed a department providing support services to the board.
SEC.37-32.
(a)
FUNCTIONS
Subject to the procedural requirements set forth in Section 37-33,
the board shall have authority to: (1) review all facts and evidence pertaining to an incident or
complaint against a city police officer: (2) accept from citizens written complaints, signed by the person
making the complaint, of police procedures, treatment of citizens, abuse, harassment, violation of civil rights, serious injury, or fatality; (3) present to the Chief of Police and District Attorney inquiries
and suggestions for further investigation concerning an incident or a complaint that comes before the board; 4
(4)
when the board is not satisfied with the police department
internal affairs division's investigation of an incident or a complaint which is properly before the board pursuant to Section 3733, conduct an additional independent investigation into the incident or complaint; (5) when the board is not satisfied with the police department
internal affairs division's investigation of an incident or a complaint involving a fatality, serious bodily injury, or alleged violation of civil rights and/or civil liberties which is properly before the board pursuant to Section 37-33, contract, at its discretion and on a case-by-case basis, with an independent investigator with experience in the type of incident or complaint being investigated, to assist and advise the board in its review of the incident or complaint and have the City pay for those services; (6) take sworn testimony from citizens and public servants about an
incident or a complaint which is properly before the board pursuant to Section 37-33; (7) (8) and; (9) recommend to the Chief of Police and City Manager improvements in subpoena witnesses in accordance with Section 37-35; suggest to the Chief of Police and City Manager disciplinary
actions to be taken in a case when the board considers it appropriate;
police department policies and procedures. (b) Retention of an independent investigator under Subsection (a)(5)
must be in accordance with city contracting procedures. If the contract does not require city council approval, the city manager will notify the city council before the contract is executed. (b) The board shall act as an independent investigative board, separate
from the Dallas Police Department, and in an advisory capacity to the Chief of Police, the City Manager, and the City Council. (c) Notwithstanding any provisions of this article to the contrary, the
board will reserve the ability to take action; recommend to, or request 5
of, the Chief of Police, City Manager, and City Council to take action regarding the appointment, removal, or discipline of police officers and public servants. (d) For the purposes of this article SERIOUS BODILY INJURY means bodily
injury that creates a risk of death or that causes serious permanent or temporary disfigurement, or loss or impairment of the function of any bodily member or organ, including, but not limited to, a broken long bone, rib, or fracture of the skull; mechanical injury of the neck and upper airways; multiple severe bruises wherever located; a sharp or blunt injury requiring sutures or clips; or a wound leading to blood loss requiring volume replacement.
SEC. 37-33.
(a)
PROCEDURES FOR REVIEW
Internal Affairs and the Chief of Police shall submit to the board a
list describing in detail all citizen complaints filed against the police department immediately upon receiving them. (b) Complaints received by the board directly from citizens shall be
forwarded to the Internal Affairs division of the police department for review within ten business days. (c) The board may review an incident or complaint: (1) If the incident or complaint involves a fatality, serious bodily
injury, alleged violation of civil rights and/or civil liberties, harassment, excessive use of force, or any other action that a citizen deems necessary to report; or (2) If a citizen who submitted a written complaint to the police
department or the board submits to the board a written request for review of the findings of the Internal Affairs division of the police department with respect to the subject matter of that complaint, and at least one member of the board determines that the findings of the internal affairs division merits board review. (3) without requirement of a complaint being filed with the board; the board reserves the ability to initiate an independent investigation without a formal complaint being filed upon finding by at least one 6
member of the board (d) When the internal affairs division of the police department notifies
a complainant of its findings and recommendations, it shall provide a form to the complainant which can be submitted to the board if the complainant desires to request further review of the findings. (1) the Internal Affairs division of the police department will
notify the board of its findings and recommendations upon completion of an investigation before the board in accordance with Sec. 37-33 (e) the board may review any incident, complaint, or request for review,
whether received by the board, from the Chief of Police, directly from a citizen, and otherwise shall: (1) investigate concurrently and in addition to, an investigation by
the Internal Affairs division of the police department in accordance with Sec. 37-32; (2) submit the board’s evidence as part of the completed findings and
recommendations of the Internal Affairs division of the police department; and (3) have information, witness testimony, and all evidence gathered by
the board relating to a complaint of police conduct in the incident or complaint, submitted in any and all grand jury proceedings, if any occur, or are anticipated; (4) have information, witness testimony, and all evidence gathered
relating to police conduct in the incident or complaint, submitted in any and all disciplinary proceedings, if any occur or are anticipated
SEC. 37-34.CONFIDENTIALITY
(a) In this section, CONFIDENTIAL INFORMATION means any information that
could not be obtained by the public under the Texas Open Records Act. (b) The board in reviewing a police personnel matter, shall hold closed
meetings in compliance with the Texas Open Meetings Act, acting in a nonjudicial capacity. The confidentiality of any file, record, or other data 7
received by the board in its review of an incident or a complaint shall be strictly maintained by every member of the board. (c) A board member commits an offense if he discloses to another person
confidential information obtained in the course of his board duties. (d) It is a defense to prosecution under Subsection (c) that the
disclosure was made: (1) or (2) (e) $500. (f) Any board member who discloses confidential information to anyone as compelled testimony in a court proceeding. to another board member or to city staff assigned to the board;
An offense under this section is punishable by a fine not to exceed
other than another board member or city staff member assigned to the board or as compelled testimony in a court proceeding shall forfeit membership on the board. Upon determination by the chairman (“Director”) of the A board board that a board member has disclosed confidential information, the Director shall notify that board member and the city secretary. member required to forfeit board membership under this section will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. If requested by the board member, the city council will immediately schedule a hearing to be held at the next regularly scheduled city council meeting. The board member may designate either a public or closed hearing.
SEC. 37-35.
(a)
WITNESSES
The board shall have authority to issue subpoenas in accordance with
the following: (1) No subpoena may be issued without a motion by at least one member
of the board; if the person who moves to issue a subpoena is also the person moved to initiate the investigation regarding the same complaint or incident, then the motion to issue a subpoena must be seconded by an additional member of the board 8
(2)
If the issuance of a subpoena is approved by one member of the
board, the board will be authorized to issue the subpoena. In this case, no action by the city council will be required for issuance of a subpoena. (3) The board may, in accordance with the procedure described in
Subsection (a), subpoena a city police officer to appear before the board if that officer is a witness to the incident giving rise to the board's investigation, and in all events have the authority to subpoena a city police officer to appear or testify before the board or to provide information to an investigator of the board, including actions that are subject of the incident or complaint giving rise to the board's investigation. (b) Every person appearing before the board to testify concerning an
incident or a complaint being reviewed shall have the right to counsel. All statements and testimony before the board must be given under oath. Nothing in this article shall be construed to deprive any individual of rights given under constitutional, statutory or common law. (c) If a city police officer appears before the board, whether pursuant
to a board request or subpoena, the officer shall be entitled to: (1) all rights afforded an individual under constitutional, statutory
or common law to the full extent as would be afforded to that officer as a defendant in a criminal proceeding. (d) A city police officer shall be subjected to departmental or other
administrative disciplinary action, if testimony warrants such action:
SEC. 37-37.
(a)
ADMINISTRATIVE ASSISTANCE
The city manager shall designate an administrative assistant from staff to receive complaints for referral to the board, the Internal Affairs division of the police department, and to aid the board and chairman (“Director”) in their work.
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SEC. 37-38.
FUNDING
(a) No funding for the board, including expenses of the board and the committee and of persons appearing before the board, shall be included in the budget for the police department, all such funding to be provided by the city general fund.
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“Office of the Police Monitor” ORDINANCE NO. _______________
An ordinance amending Chapter 37, “Police,” of the Dallas City Code, as amended, by repealing Article III and adding a new Article III, entitled “Office of the Police Monitor,” to replace the “Dallas Citizens Police Review Board,”, and to be comprised of Sections 37-31 through 37-38; amending Section 2-122(a)(10)(B) of Chapter 2, “ADMINISTRATION,” and Section 5-1.4(a)(4) of Chapter 8, “BOARDS AND COMMISSIONS,” of the Dallas City Code, as amended creating the “Office of the Police Monitor”, dissolving the technical advisory committee; establishing powers, functions, duties, and procedures of the board; providing for eligibility of board members; providing for an electoral process for all board members; creating an elected Director position; repealing Ordinance No. 19983; as amended, passed by the city council on June 8, 1988.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That CHAPTER 37, Sec. 37-31 through Sec. 37-38 “Police,” of the Dallas City Code, is amended by repealing Article III “Dallas Citizens Police Review Board”, and adding a new Article III, entitled “Office of 1
the Police Monitor,” to be comprised of Sections 37-31 through 37-38, to read as follows:
ARTICLE III. OFFICE OF THE POLICE MONITOR
SEC. 37-31.
BOARD CREATED
BOARD CREATED; APPOINTMENT; TERM; MEETINGS.
(a) There is hereby created the “Office of the Police Monitor” (the "board") with all powers conferred on the board, exercised by the board. APPOINTMENT (b) The board is to be composed of 15 members, nominated and elected in the manner hereinafter provided. One member of the Office of the Police Monitor, Place 15, shall be elected by the qualified voters of the entire city and 14 members by the qualified voters residing in a particular district, Places 1 through 14 respectively, as provided in accordance with Chapter IV of this Charter. Members of the board, Places 1 through 14, shall each be elected for a term of two years and member of the board, Place 15, hereafter called “Director”, shall be elected as Director of the Office of the Police Monitor for a term of two years, and shall be compensated in accordance with Ch. III Sec.(4)(a)(b)(c)(d) of this Charter. The board members so elected shall take office on the first Monday following the 30th calendar day after the final canvass of the general election, and they shall serve until their respective successors have been elected and qualified. (1) The full “board” shall appoint the Vice-Director who will function as the Director if that person is unable to operate in the position. (2) All members shall be appointed for a term to expire on May 19, 2013. All subsequent appointments will be made in May of each oddnumbered year for a two-year term beginning on May 19. Members shall 2
serve until their successors are appointed and qualified. (3) For purposes of eligibility to serve on the Office of the Police Monitor, the board created by this ordinance shall be considered a new board so that previous service on any board will not be considered in determining membership and membership on any previously existing board will not carry over to the board created by this ordinance. (c) The following persons shall be disqualified for appointment to and (1) persons who are in violation of Article XII, "Code of Ethics" of
service on the board Chapter 2 of the city code and persons disqualified from appointment pursuant to Section 8-1.4 of the city code; and (2) persons who are employees or business associates of either an adversary party or a representative of an adversarial party, and persons who have a pecuniary interest, in any pending litigation or claim against the city relating to the board or the police department or against any individual officer or employee of the police department (unless unrelated to such individual's office or employment). (3)Any board member who is disqualified for appointment to and service on the board under Subsection (4) shall forfeit membership on the board. Upon determination by the board chair (the “Director”), that a A board member required to forfeit board member is so disqualified, the Director will notify that board member and the city secretary. board membership will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. (4)Under no circumstances may the city council or the board Director be authorized to waive the requirements for appointment to and service on the board referenced in Subsection (c)(1) LIMITATION OF TERMS (d) A person who has served as a member of the board other than Place 15 for four consecutive two-year terms shall not again be eligible to become a candidate for, or to serve in, any place on the board except Place 15 until at least one term has elapsed (1) A person who has served two consecutive terms as a Director of the 3
board, Place 15, shall not again be eligible to become a candidate for, or to serve in, Place 15 on the board until at least one term for Place 15 has elapsed. (2) A "term" as used in Subsection (b) shall include any period of service during a board term when that period is in excess of one year, including a term from which the member resigned. It is the intent of the board and the citizens of the City of Dallas that the membership of the board be representative of the ethnic and economic diversity of the city. MEETINGS (e) Each board member must attend a training session to become familiar
with police procedures; (f) The board must meet at least once each month in city hall and at
other times at the call of the chair (“Director”). (g) For purposes of Sections 2-122(a)(10)(B) and 8-1.4(a)(4) of the city
code, the police department shall be deemed a department providing support services to the board.
SEC.37-32.
(a)
FUNCTIONS
Subject to the procedural requirements set forth in Section 37-33,
the board shall have authority to: (1) review all facts and evidence pertaining to an incident or
complaint against a city police officer: (2) accept from citizens written complaints, signed by the person
making the complaint, of police procedures, treatment of citizens, abuse, harassment, violation of civil rights, serious injury, or fatality; (3) present to the Chief of Police and District Attorney inquiries
and suggestions for further investigation concerning an incident or a complaint that comes before the board; 4
(4)
when the board is not satisfied with the police department
internal affairs division's investigation of an incident or a complaint which is properly before the board pursuant to Section 3733, conduct an additional independent investigation into the incident or complaint; (5) when the board is not satisfied with the police department
internal affairs division's investigation of an incident or a complaint involving a fatality, serious bodily injury, or alleged violation of civil rights and/or civil liberties which is properly before the board pursuant to Section 37-33, contract, at its discretion and on a case-by-case basis, with an independent investigator with experience in the type of incident or complaint being investigated, to assist and advise the board in its review of the incident or complaint and have the City pay for those services; (6) take sworn testimony from citizens and public servants about an
incident or a complaint which is properly before the board pursuant to Section 37-33; (7) (8) and; (9) recommend to the Chief of Police and City Manager improvements in subpoena witnesses in accordance with Section 37-35; suggest to the Chief of Police and City Manager disciplinary
actions to be taken in a case when the board considers it appropriate;
police department policies and procedures. (b) Retention of an independent investigator under Subsection (a)(5)
must be in accordance with city contracting procedures. If the contract does not require city council approval, the city manager will notify the city council before the contract is executed. (b) The board shall act as an independent investigative board, separate
from the Dallas Police Department, and in an advisory capacity to the Chief of Police, the City Manager, and the City Council. (c) Notwithstanding any provisions of this article to the contrary, the
board will reserve the ability to take action; recommend to, or request 5
of, the Chief of Police, City Manager, and City Council to take action regarding the appointment, removal, or discipline of police officers and public servants. (d) For the purposes of this article SERIOUS BODILY INJURY means bodily
injury that creates a risk of death or that causes serious permanent or temporary disfigurement, or loss or impairment of the function of any bodily member or organ, including, but not limited to, a broken long bone, rib, or fracture of the skull; mechanical injury of the neck and upper airways; multiple severe bruises wherever located; a sharp or blunt injury requiring sutures or clips; or a wound leading to blood loss requiring volume replacement.
SEC. 37-33.
(a)
PROCEDURES FOR REVIEW
Internal Affairs and the Chief of Police shall submit to the board a
list describing in detail all citizen complaints filed against the police department immediately upon receiving them. (b) Complaints received by the board directly from citizens shall be
forwarded to the Internal Affairs division of the police department for review within ten business days. (c) The board may review an incident or complaint: (1) If the incident or complaint involves a fatality, serious bodily
injury, alleged violation of civil rights and/or civil liberties, harassment, excessive use of force, or any other action that a citizen deems necessary to report; or (2) If a citizen who submitted a written complaint to the police
department or the board submits to the board a written request for review of the findings of the Internal Affairs division of the police department with respect to the subject matter of that complaint, and at least one member of the board determines that the findings of the internal affairs division merits board review. (3) without requirement of a complaint being filed with the board; the board reserves the ability to initiate an independent investigation without a formal complaint being filed upon finding by at least one 6
member of the board (d) When the internal affairs division of the police department notifies
a complainant of its findings and recommendations, it shall provide a form to the complainant which can be submitted to the board if the complainant desires to request further review of the findings. (1) the Internal Affairs division of the police department will
notify the board of its findings and recommendations upon completion of an investigation before the board in accordance with Sec. 37-33 (e) the board may review any incident, complaint, or request for review,
whether received by the board, from the Chief of Police, directly from a citizen, and otherwise shall: (1) investigate concurrently and in addition to, an investigation by
the Internal Affairs division of the police department in accordance with Sec. 37-32; (2) submit the board’s evidence as part of the completed findings and
recommendations of the Internal Affairs division of the police department; and (3) have information, witness testimony, and all evidence gathered by
the board relating to a complaint of police conduct in the incident or complaint, submitted in any and all grand jury proceedings, if any occur, or are anticipated; (4) have information, witness testimony, and all evidence gathered
relating to police conduct in the incident or complaint, submitted in any and all disciplinary proceedings, if any occur or are anticipated
SEC. 37-34.CONFIDENTIALITY
(a) In this section, CONFIDENTIAL INFORMATION means any information that
could not be obtained by the public under the Texas Open Records Act. (b) The board in reviewing a police personnel matter, shall hold closed
meetings in compliance with the Texas Open Meetings Act, acting in a nonjudicial capacity. The confidentiality of any file, record, or other data 7
received by the board in its review of an incident or a complaint shall be strictly maintained by every member of the board. (c) A board member commits an offense if he discloses to another person
confidential information obtained in the course of his board duties. (d) It is a defense to prosecution under Subsection (c) that the
disclosure was made: (1) or (2) (e) $500. (f) Any board member who discloses confidential information to anyone as compelled testimony in a court proceeding. to another board member or to city staff assigned to the board;
An offense under this section is punishable by a fine not to exceed
other than another board member or city staff member assigned to the board or as compelled testimony in a court proceeding shall forfeit membership on the board. Upon determination by the chairman (“Director”) of the A board board that a board member has disclosed confidential information, the Director shall notify that board member and the city secretary. member required to forfeit board membership under this section will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. If requested by the board member, the city council will immediately schedule a hearing to be held at the next regularly scheduled city council meeting. The board member may designate either a public or closed hearing.
SEC. 37-35.
(a)
WITNESSES
The board shall have authority to issue subpoenas in accordance with
the following: (1) No subpoena may be issued without a motion by at least one member
of the board; if the person who moves to issue a subpoena is also the person moved to initiate the investigation regarding the same complaint or incident, then the motion to issue a subpoena must be seconded by an additional member of the board 8
(2)
If the issuance of a subpoena is approved by one member of the
board, the board will be authorized to issue the subpoena. In this case, no action by the city council will be required for issuance of a subpoena. (3) The board may, in accordance with the procedure described in
Subsection (a), subpoena a city police officer to appear before the board if that officer is a witness to the incident giving rise to the board's investigation, and in all events have the authority to subpoena a city police officer to appear or testify before the board or to provide information to an investigator of the board, including actions that are subject of the incident or complaint giving rise to the board's investigation. (b) Every person appearing before the board to testify concerning an
incident or a complaint being reviewed shall have the right to counsel. All statements and testimony before the board must be given under oath. Nothing in this article shall be construed to deprive any individual of rights given under constitutional, statutory or common law. (c) If a city police officer appears before the board, whether pursuant
to a board request or subpoena, the officer shall be entitled to: (1) all rights afforded an individual under constitutional, statutory
or common law to the full extent as would be afforded to that officer as a defendant in a criminal proceeding. (d) A city police officer shall be subjected to departmental or other
administrative disciplinary action, if testimony warrants such action:
SEC. 37-37.
(a)
ADMINISTRATIVE ASSISTANCE
The city manager shall designate an administrative assistant from staff to receive complaints for referral to the board, the Internal Affairs division of the police department, and to aid the board and chairman (“Director”) in their work.
9
SEC. 37-38.
FUNDING
(a) No funding for the board, including expenses of the board and the committee and of persons appearing before the board, shall be included in the budget for the police department, all such funding to be provided by the city general fund.
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