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Civilian Review Board accepts most Inspector General findings, debates policy on withdrawn complaints and recommends no discipline in one case

2119545 · January 8, 2025
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Summary

At a regular meeting the Civilian Police Review Board accepted the Inspector General's investigation findings on dozens of complaints but after extended debate voted to accept the IG's sustained finding in one case while recommending no discipline; members also debated whether withdrawn complaints should automatically be pursued by the IG.

The Civilian Police Review Board on Tuesday accepted the City Department of Inspector General's findings in a large batch of misconduct investigations and after extended deliberation voted to accept the IG's sustained finding in case 2024-1434 while recommending no discipline.

The board's discussions focused on the office's practice when a complainant requests withdrawal. Inspector General Stephanie told the board, "For 2024, the total number of complaints that we received was 1,741 complaints," and summarized case-level recommendations and dispositions for dozens of investigations handled in 2024.

Why it matters: the board's position on complaint withdrawals affects whether administrative findings proceed to the chain of command even when a complainant declines to press the matter. Members voiced competing views on public interest, legal constraints and departmental discretion before settling the one contested case.

Most findings accepted

Board members read and moved to accept the IG's recommendations across many cases involving allegations ranging from rudeness and procedural failures to alleged excessive force. Multiple motions were made and seconded to accept the IG's recommended dispositions (unfounded, exonerated, sustained as applicable). The board recorded unanimous or unopposed acceptance for those grouped motions. The accepted cases included, among others, 2024-1088, 2024-1190, 2024-1306, 2024-1316, 2024-1450, 2024-1452, 2024-1202, 2024-1233, 2024-1279, 2024-1315, 2024-1317, 2024-1341, 2024-1367, 2024-1503 and a larger set read by Committee 2 (see actions[] list below for full numbering included in motions).

Contentious case: complaint withdrawn then sustained by IG

Case 2024-1434 drew extended debate. The Inspector General's report sustained a finding that an officer violated policy for failing to timely file a crash report; the complainant accepted the officer's apology and asked to withdraw the complaint. A board subcommittee recommended treating the matter as unfounded because the complainant had asked to drop it; the IG's office said its policy is to report findings where its investigation shows a policy violation and that the IG may continue an administrative allegation even if a complainant withdraws.

Board members argued competing principles: some warned that allowing withdrawal to terminate investigations could create a perverse incentive for off-record settlements or pressure on complainants; others said administrative matters that a complainant wishes to drop should be treated differently from matters of public interest such as domestic violence. A legal advisor noted the IG has authority to set internal policy and that the board can recommend how the chain of command treats discipline.

After discussion, Board Member Anderson moved that the board accept the IG's finding in case 2024-1434 but recommend no discipline be imposed. The motion was seconded and carried; the chair announced, "Motion carries." One board member registered opposition during the vote.

What the vote does and does not do

The board's vote accepted the IG's investigative finding (that a policy violation occurred) while attaching a nonbinding recommendation to the chain of command that no discipline be imposed in light of the apology and the complainant's withdrawal. The IG's office and the CPD chain of command retain their separate authorities: the IG issues investigative findings and the chain of command determines discipline.

Next steps and context

Board members requested the IG seek more chain-of-command explanations when the department disagrees with IG findings and encouraged the IG to invite CPD to discuss differences at a quarterly meeting. Several board members said they want clearer guidance on when the IG will proceed despite a withdrawal and suggested the board consider guidance or a policy framework to apply consistently.

Ending note

The board completed its case review agenda and recessed; it also asked the IG to include more detail about chain-of-command comments when those were not provided in the IAB/IG correspondence.