Label
Councilman Riley
Title
Amending Section 163.07 of the Toledo Municipal Code to grant the power of subpoena to the Civilian Police Review Board; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Toledo City Council has determined that it is in the best interest of the City to authorize the Civilian Police Review Board the authority to issue subpoenas to compel witnesses to testify in public hearings examining complaints of police misconduct.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Section 163.07, which reads as follows, is hereby repealed:
163.07. Public hearing.
(a) In reviewing information for the public hearing, the Board may examine the appeal form and any document submitted with it, the report prepared by the Police Division investigation and any documents accumulated during its investigation. The Board may receive any oral or written statements volunteered by the complainant or the police officer or officers involved or any other citizen, and may listen to the tape recordings of the witnesses recorded by the Police Division.
(b) The Board may require police investigating officers to appear and answer Questions within the Board's scope of review.
(c) Witnesses other than the members of the police investigating team shall not be required to appear involuntarily before the Board as the Board does not possess subpoena powers. Complainant witnesses, involved police officers and their witnesses shall be strictly on a volunteer basis.
(d) Both the complainant and any witnesses and the police officer and any witnesses are allowed representation by counsel.
(e) When examining witnesses, the Board may ask any question within the Board's scope of review, provided that the question does not infringe contractual or constitutional rights. Since appearances before the Board are voluntary, witnesses can decline to answer any questions posed to them.
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