Spokane Municipal Code

Title 04 Administrative Agencies and Procedures

Chapter 04.32 Office of Police Ombudsman (OPO)

Section 04.32.150 Office of Police Ombudsman Commission

1. That an office of police ombudsman commission (“commission”) be created consisting initially of five members.

2. General Duties.

In addition to other duties enumerated in this chapter, the commission shall:

1. 1. Appoint, reappoint and potentially remove the police ombudsman pursuant to SMC 4.32.080 through 4.32.110;

1. 2. Approve annual and long term goals of the OPO;

1. 3. Approve OPO procedures and best practices;

1. 4. Approve the OPO annual report;

1. 5. Approve OPO recommendations regarding changes in police department policies and training;

1. 6. Approve OPO rules and procedures required for the discharge of OPO duties, including policies and procedures for receiving and processing complaints, monitoring investigations, and reporting findings, conclusions and recommendations. The rules and procedures approved by the commission shall be consistent with Washington state law and comply with the collective bargaining agreement between the city and the police guild.

1. 7. Conduct and approve evaluations of the OPO and OPO personnel;

1. 8. Request that the OPO examine or re-examine specific non-disciplinary policy or procedure issues and confirm or reject OPO requests for additional investigation by IA;

1. 9. Assist OPO personnel in communicating with Spokane’s diverse communities and the general public about the complaint filing and investigation process;

1. 10. Make readily available to the public all commission reports, recommendations, and evaluations; and

1. 11. Prepare and present an annual report to the city council.

3. Selection of Members.

1. 1. Two members shall be nominated by the mayor and appointed by city council; and,

1. 2. One member from each of the three city council districts nominated and appointed by city council.

1. 3. The commission may, at any time, determine that more members are necessary to carry out the duties of the commission. Upon unanimous vote of all commission members and majority approval by the city council pursuant to an amendment to this section, additional members may be added to the commission two members at a time:

1. 1. 1. One additional member nominated by the mayor and appointed by city council; and,

1. 1. 2. One additional member nominated appointed by city council.

4. Officers.

The commission members shall annually choose their own chair and vice-chair, who will serve from January 1st through December 31st, and shall serve in that position for no more than three consecutive one-year terms. The chair (and vice-chair in the absence of the chair) will set the agenda for meetings, facilitate the meetings, speak on behalf of the commission and call any special meetings.

5. Qualifications.

1. 1. Members of the commission shall be volunteers who immediately, prior to appointment, shall be:

1. 1. 1. A current resident of the city of Spokane;

1. 1. 2. Of the age of twenty-one years or older;

1. 1. 3. Able to pass an in-depth background investigation and have no convictions for crimes involving dishonesty or moral turpitude within the past seven years; and

1. 1. 4. Neither a current or former employee of the City of Spokane or Spokane police department, nor an immediate family member of a current City of Spokane or Spokane police department employee.

1. 1. 5. Able to establish a reputation for even-handedness in dealing with both complainants and the regulated parties.

1. 2. The following characteristics shall be considered during the appointment process:

1. 1. 1. An absence of any real or perceived bias, prejudice, or conflict of interest;

1. 1. 2. A record of community involvement;

1. 1. 3. A demonstrated ability to be fair, impartial and unbiased;

1. 1. 4. An ability to build working relationships and communicate effectively with diverse groups;

1. 1. 5. Education, professional and/or personal experience including but not limited to judicial, legal, investigative, mental health and law enforcement experiences with the exception that a commission member shall not have been a law enforcement officer for two years prior to his or her appointment;

1. 1. 6. Contribute to the diversity of the commission so that the makeup of the commission reflects the diversity of the people most likely to have contact with members of the police department, including geographic, racial and disability diversity.

1. 3. All commission members shall be required to sign a confidentiality statement confirming as a condition of service that they will not release the name(s) of employees or other individuals involved in incidents or investigations, nor any other personally identifying information. Inadvertent, de minimus disclosures shall not be considered a violation of this section.

1. 4. All commission members shall complete a ride-along with the police within six months of appointment. The police department shall make additional training available to commission members, including annual ride-alongs, the Reserve Academy, or other similar training programs, and department in-service training. Such training shall not result in a police commission.

6. Terms of Office.

1. 1. Each commission member shall serve a three-year term and is eligible for re-appointment, except that no member shall be re-appointed after serving three consecutive full three-year terms.

1. 2. The initial commission members will have staggered terms, with three members serving three years and two members serving two years.

1. 3. A vacancy that occurs during the term of a member shall be filled in the same manner as the original appointment, and the appointee shall serve for the remainder of the expired term.

1. 4. Each member shall continue to serve in such capacity until the member’s successor has been duly appointed and is acting, provided, however, that the period shall not exceed ninety days past the expiration of the member’s term.

7. Expectations.

1. 1. Commission members shall participate in an appropriate training program to be established by the commission, the chief of police and/or the OPO so that they shall possess the knowledge to perform their duties.

1. 2. Members of the commission shall agree in writing that they are subject to the City of Spokane code of ethics contained in chapter 1.04 SMC and an appropriate confidentiality agreement to be developed by the OPO and reviewed and maintained in collaboration with the commission.

8. Liability

It is the intent of the City that the commission members be free from personal liability for acts taken within the course and scope of carrying out their official duties and functions. The city will therefore defend and indemnify members to the maximum extent permitted under the city’s insurance program and indemnification policy.

1. Removal.

A member of the commission may be removed from office by the city council prior to the normal expiration of his/her term for consistent failure to perform commission member duties, for having a real or perceived bias, prejudice or conflict of interest, or for violating the statement of principles, code of conduct, or confidentiality agreement.

10. Meetings and Procedures.

1. 1. The commission may appoint from its membership committees as necessary to perform its duties.

1. 2. Commission members are expected to maintain a minimum of seventy-five percent meeting attendance on an annual basis.

1. 3. The commission shall hold regular meetings with an opportunity for public comment at least quarterly, and the commission and its committees may hold additional meetings as necessary.

1. 4. No business of the commission shall be conducted at a meeting without at least a quorum of three members.

1. 5. All actions of the commission shall be made upon a simple majority vote of the members present.

1. 6. Meetings of the commission shall be open to the public except when the commission has determined a closed executive session, in accordance with RCW 42.30.110, is necessary in order to carry out its business.

1. 7. The commission shall prepare and present an annual report to the city council that:

1. 1. 1. Summarizes the commission’s activities, findings, and recommendations during the preceding year;

1. 1. 2. Summarizes the OPO’s recommendations for changes to the police department’s policies, procedures and training during the preceding year;

1. 1. 3. Evaluates the work of the OPO, including whether the OPO is performing required duties.

1. 8. The commission shall evaluate the performance of the OPO. In doing so, the commission:

1. 1. 1. Shall establish criteria by which to evaluate the work of the OPO;

1. 1. 2. Shall review, comment on and assist in maintaining policies, procedures and operating principles for the OPO;

1. 1. 3. Shall monitor status reports from the OPO; and

1. 1. 4. May conduct periodic evaluations of the complaint intake and handling system to identify process improvements and/or ensure complaints are being treated fairly with due diligence.

1. 9. The commission’s policies and procedure required for the discharge of its duties shall be consistent with Washington state law and the collective bargaining agreement between the city and police guild.

1. 10. The commission shall have no involvement concerning discipline for specific cases or officers.

Date Passed: Monday, February 10, 2014

Effective Date: Wednesday, March 26, 2014

Ordinance C35069 Section 11