NOT PASSED Creation of citizen's police & fire review board • •
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Law Department
RECEIVED
Civic Center
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ap€D FEBO Cl j'y J L E fi r Telefax(402)444-5125
City of Omaha O M A HA, NEBRASKA Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President and.
Members of the City Council,
Attached please find an Ordinance prepared at the request of Councilmember
Vokal which creates a Citizen's Review Board. The Board will be authorized to
hear appeals from citizens who are dissatisfied with the conclusions reached in
connection with their complaints against police officers or firefighters.
Respectfully submitted,
Wendy.
Deputy City Attorney
P:\Law1\10548z.doc
•
ORDINANCE NO.
1 AN ORDINANCE to provide for the creation of a Citizen's Police & Fire Review Board to
2 review complaints of citizens of the City of Omaha alleging police or fire misconduct; to
3 establish its own rules of procedure not inconsistent with the ordinances adopted by the
4 City Council; to provide that the Board may make policy recommendations to help
5 mitigate or prevent future employee misconduct; and to provide for the effective date
6 thereof.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
8 Section 1. That Chapter 2 of the Omaha Municipal Code is amended by adding Division
9 3 Citizen's Police and Fire Review Board, as follows:
10 DIVISION 3 CITIZEN'S POLICE AND FIRE REVIEW BOARD
11 Section 2-35. CREATION.
12 There is hereby created a Citizen's Police and Fire Review Board (hereinafter sometimes
13 referred to as the "Review Board." or the "Board") which may review appeals from aggrieved
14 citizens who are dissatisfied with the findings of the Chief of Police or Fire Chief, in connection
15 with a complaint by the citizen. The Review Board may make findings and recommendations, as
16 outlined below; however the City Council recognizes that when the Board cannot make its
17 findings within the time limitations for discipline imposed in the labor agreements between the
18 City and its sworn employees, the findings of the Board will not be utilized in the disciplinary
19 process. However, the Review Board may make policy recommendations to help prevent future
20 misconduct.
ORDINANCE NO.
PAGE 2
1 Section 2-36. BOARD.
2 (a) Appointment. The Review Board provided for herein shall be comprised of nine (9)
3 members, seven (7) of whom shall be appointed by the City Council from each City Council
4 District, and two (2) of whom shall be appointed by the Mayor, subject to the approval of the
5 majority of the City Council. Members shall serve for four year terms, with the exception that
6 the initial appointees to said Board shall be appointed in the following manner: As determined
7 by lot, three Council appointees shall be appointed for four years, two Council appointees shall
8 be appointed for three years, and two Council appointees shall be appointed for two years. One
9 Mayoral appointment shall be for four years, and one Mayoral appointment shall be for two
10 years. All members shall continue to serve until their successors have been appointed. Any
11 vacancy occasioned by resignation, death, or removal of a member shall be filled for the balance
12 of the unexpired term by appointment of the appointing authority subject to approval of a
13 majority of the City Council.
14 (b) Chairperson. The Board shall elect a chairperson at its first meeting who shall act in that
15 capacity for one year, at which time the Board shall elect a new chairperson. Each member of
16 the Board shall serve as such without pay, but may be reimbursed for any travel expenses
17 incurred in the performance of their assigned duties.
18 (c) Meetings. The Review Board shall meet at least once every month at a regularly
19 scheduled time and place for the purpose of conducting both hearings and other administrative
20 business necessary to the operation of the Review Board.
21 (d) Removal. Any member of the Review Board may be removed for unauthorized and/or
22 inappropriate disclosure of Review Board information or findings, incompetence, neglect of
23 duty, misconduct or malfeasance by vote of a majority of the City Council and approval by the
•
ORDINANCE NO.
PAGE 3
1 Mayor. Unauthorized and/or inappropriate disclosure includes violation of the confidentiality
2 provisions described below.
3 Section 2-36. PROCESS.
4 (a) Request for Review.
5 The Board shall review the investigation process and the results of a citizen complaint when so
6 requested by said citizen by the filing of a"Request for Review" filed in the Mayor's office. The
7 Mayor's office shall provide a copy of the Request for Review to the Board, and the Police or
8 Fire Chief(whichever Department is involved) within 24 hours of receipt of such complaint. In
9 order to be considered by the Board such complaint must have been filed and investigated by
10 either the Omaha Fire Department or Police Department and a letter of determination written by
11 the Chief of Police or Fire Chief. The Request for Review must be filed with the Mayor's office
12 within thirty (30) days from the date of the letter from the Chief of Police or Fire Chief
13 informing the citizen of his or her determination.
14 (b) Hearing Procedure and Rules.
15 Hearings shall be presided over by the chairperson of the Review Board. The chairperson shall
16 insure that all persons involved in the hearing are treated fairly and impartially. The Review
17 Board may enact rules for its internal operation. These rules need not be submitted to the City
18 Council for approval. Such rules shall be procedural rather than substantive.
19 (c) Witnesses. The Board may request that witnesses appear voluntarily, but may not
20 compel the appearance or testimony of any witness. If a sworn member of the Police or Fire
21 Department appears before the Board, such sworn personnel must be given the appropriate
22 waivers and constitutional and other guarantees as required by the laws of the United States, the
23 laws of the State of Nebraska, and the provisions of the labor agreement, which is applicable to
•
ORDINANCE NO.
PAGE 4
1 any individual who is the subject of a citizens complaint and who appears before the Board for
2 the purpose of giving testimony.
3 (d) Documents. Any documents in the possession of the City, which the Board believes are
4 necessary for a fair review of the complaint, must be requested from the Mayor. All documents
5 received from the Mayor's office are subject to the rules of strict confidentiality in subparagraph
6 (f) below.
7 (e) Preliminary Review.
8 At the next regularly scheduled Board meeting, the Board shall make a preliminary review of
9 each complaint and determine whether further review is warranted. When the Board determines
10 that further review is appropriate it may hear testimony from the complaining citizen, seek the
11 voluntary testimony of witnesses, and when it believes that investigatory files are necessary it
12 may ask the Mayor to provide such files to the Board.
13 (f) Strict confidentiality.
14 The Board shall comply with all state laws requiring the confidentiality of Police Department
15 records and information as well as the privacy rights of all individuals involved in the process
16 including, but not limited to, all of the provisions of the Nebraska Records Management Act, 84-
17 1201, et seq, and Nebraska R.R.S. 1943, 84-712 through 84-712.09. No reports to the City
18 Council, verbal or written, shall contain the name of any individual police officer or witness, or
1.9 the facts of any specific investigation. No Board member shall discuss the progress of a specific
20 complaint, or the information reviewed relevant to such complaint, except that the findings and
21 recommendation of the Board, as described below, may be shared with the Mayor, the City
22 Council, and the Police or Fire Chief involved.
23 (g). Findings and Recommendations.
24 Within five (5) days of the completion of an investigation, the Review Board shall issue a written
25 report containing findings of fact and make recommendations regarding discipline and/or policy
ORDINANCE NO.
PAGE 5
1 changes that shall be submitted to the Police or Fire Chief who may utilize this information as
2 appropriate.
3 Section 2-37. Notice to parties.
4 The Review Board shall notify the complainant(s) and police officer(s) in a timely fashion of the
5 status or disposition of the appeal. •
6 Section 2-38. Period of Limitation.
7 No person may file ar appeal with the Review Board if more than thirty (30) days have elapsed
8 after the notification letter from the Police Chief or Fire Chief informing the citizen of how the
9 complaint was resolved.
10 Section 2. This Ordinance shall be in full force and take effect fifteen (15) days from and
11 after the date of its passage.
INTRODUCED BY COaUNCCILMEMBER
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
NOV 1-3 2001 - 4%, )74pke / 7-0
ATTEST: •
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
1/L - qt9
DEPUTY City ATTORNEY ATE
P:\Law1\12607z.doc
•
REQUEST TO LAW DEPARTMENT
RECEIVFs
For Law Department Use Only
TO: Paul D. Kratz, City Attorney 01 OCT 17
'7 9' 15g Book #:
DATE: October 17, 2001 �I Y Date Assigned:
CLERK Assigned to: c., -,
0 M.Q H 4' N C B i7 6 S K ,.Answered/Sent Out:
Withdrawn:
REQUEST BEI G MADE BY: On behalf of Councilmember Jim Vokal
Lou An sen, Assistant to City Council Ext. 5518
(Na (Department) (Phone)
•
TIME LINE (Due Date): October 23, 2001 , City Council Agenda (First Reading)
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Ordinance — Citizens Review Board
(State Specifically What You Are Requesting)
DETAILS:
Reference Mr. Vokal's previous request for a Citizens Review Board ordinance, subject as above.
Several provisions in Executive Order D-6-96 (Attachment 1), which' was recently rescinded, are
compatible with the scope and content of the requested Citizens Review Board ordinance. On
October 16, 2001, Council Staff and Mr. Vokal verbally offered to discuss these provisions with
the Law Department attorney designated to work on this project.
In the interest of time, the following Executive Order No. D-6-96 provisions can also be
incorporated into the ordinance being requested.
I. "Purpose" (as modified)
II. "Establishment D" (as modified)
VI. "Quorum and Meetings"
VII. "Operations"
VIII. "Jurisdiction" (as modified)
IX. "Duties" (as modified)
Xl. "Recommendations"
The Law Department' is also requested to include the text of Attachment 2 in the requested
ordinance.
If you have any questions or reservations concerning these provisions, please contact Mr. Vokal or
Lou Andersen, ext. 5518.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
cj
Attachments (2)
c: .Councilrnembers,"eity Clerk, Mayor's Chief of Staff, Police Chief, Fire Chief, Council Staff
( EXECUTIVE ORDER NO. D-6-96
CREATION OF THE CITIZEN COMPLAINT REVIEW BOARD
(CCRB)
I. PURPOSE
To establish a mechanism through which certain complaints and disciplinary
decisions made against sworn members of the Omaha Police and Fire Departments
mad Civilian personnel of th s-Depaxtmen'are reviewed.
II. ESTABLISHMENT
The Citizen Complaint Review Board (CCRB) shall be c mposed of nine individuals
appointed in the following manner:
A. One sworn member of the Omaha Police Department selected from a list
submitted by the Omaha Police Union Local 1011 and one sworn member of
the Fire Department selected from a list submitted by the Professional
( .._ Firefighters Association of Omaha, Local No. 385, and one member of the
Communications Department selected from a list submitted by the Omaha
City Employees, Local No. 251. The representatives of the Police
Department, the Fire Department or the Communications Department who
are selected pursuant to this subsection shall riot be elected or appointed
officials of any Union. The individuals appointed pursuant to this subsection
shall hold ranks subordinate to the rank of Majo11
/Deputy.Chief in the Police
Department, the rank of Assistant Fire Chief in the Fire Department, and
the classification of Communications Shift Supervisor in the Communications
Department.
B. Three citizens of the City of Omaha shall be appointed all of whom shall be
members of a protected class by virtue of that individual's race, national
origin or sex. At least one member appointed pursuant to this subparagraph
shall be a woman, and at least two members shall be a protected class
member by virtue of their race or national origin.
C. Three citizens of the City of Omaha shall be appointed who are not members
of a protected class by virtue of their race or national origin. At least one
member appointed pursuant to this subparagraph shall be a woman.
D. All individuals, excluding City of Omaha perlsonnel, who are proposed
appointees to the CCRB shall be expected to sign an authorization form
which permits a background check (see Attachient A). This background
/)--7�.,/, /
' Executive Order z«'([V'
Creation of the Citizen Complaint Review Roard
Page 2 .44.
4L
check shall include, but not necessarily be limited , a check of the proposed
appointee's criminal record history. The Mayor shall take into account the
results of the background check in making appointments to CCRB.
E. It is the intent of this Executive Order that the membership of the CCRB
shall be reflective of the social, ethnic and economic components that
generally comprise the Omaha "Community-at-Large". Recommendations
regarding the appointment of members to the CCRB may be based on, but
not necessarily limited to, recommendations from the following agencies: The
Omaha Police Union, the Omaha Fire Union, the City of Omaha Civilian
Union, the Native American Coalition, the Urhan League, the League of
Women Voters, the Hispanic Coalition, the National Association for the
Advancement of Colored People, the National ;Council of Jewish Women,
National Conference of Christians and 'Jews Council, and the
Interdenominational Ministerial Alliance.
III. TRAINING
With the exception of City of Omaha personnel who are'members of the CCRB, each
member appointed by the Mayor to the CCRB shall be provided with a minimum
four week orientation session which shall include police, fire, and communications
practices, procedures and policies, as soon as practicable following that individual's
appointment to the CCRB. The nature and extent of the orientation provided
herein shall be determined by the Mayor or his designee(s).
IV. TERM
The first appointees shall serve for terms of one (1), two (2), or three (3) years as
determined by the Mayor. Thereafter, all appointments shall be for three (3) year
terms. The length of terms of the initial appointees shall, to the extent practicable,
be evenly distributed through the three groups of appointments outlined in
paragraph II. A, B, and C.
V. RULES OF PROCEDURE
The CCRB shall elect its chairperson, vice-chairperson and secretary from its
membership. Individuals elected to these positions shall hold them for one year.
The vice-chairperson shall serve in the absence of the chairperson. ROBERTS
RULES OF ORDER shall govern the proceedings of the CCRB in all cases in which
said rules are not inconsistent with the Charter, applicable City ordinances, the
collective bargaining agreements applicable to police, 'fire, and civilian personnel,
and any rules of procedure duly adopted by the CCRB. Due to the provisions of the
collective bargaining agreements, the City Charter governing advisory committees
of the Mayor, Section 23-25 of the Omaha Municipal Code, and state and federal
Executive Order
Creation of the Citizen Complaint Review Bgard
Page,3
constitutional protections and privileges, the proceedings of the CCRB are
considered confidential and, therefore, not open to the ptiblic or the media.
VI. QUORUM AND MEETINGS
A quorum of the CCRB shall be five of the nine members. Meetings shall be held on
no less than a monthly basis.
VII. OPERATIONS
The CCRB may request by two-thirds majority vote of its nine members appropriate
tr office equipment, material, and personnel assistance b provided to it through the
Mayor's office. Provision for any equipment, personnel, or material granted
pursuant to this provision shall be at the sole discretion of the Mayor.
VIII. JURISDICTION
The City of Omaha shall have initial original jurisdiction on all complaints against
sworn Police?Fire, or civilian- employees. Such complaints shall be processed in
Lr accordance with the City Charter, the City Personnel Code, the Rules and/or
_( . Standard Operating Procedures of the applicable department, and any relevant
portions of a labor agreement which may be applicable to the processing of such
complaints.
IX. DUTIES
The general duties of the CCRB shall be to:
(1) review the investigation process and the results •f a citizen complaint when
so requested by said citizen by the filing of a "Request for Review" filed in the
Mayor's office or with the Fire, Police, or Communications Department;
(2) conduct additional investigation when the Committee, in its sole discretion,
deems such is warranted; and,
ANO C rTV Cc,(A`+ l---
(3) identify areas of concern and advise the Mayor of the Committee's
determinations and recommendations.
In conducting its review, the CCRB may request that tY e chief of the appropriate
Department order any sworn law enforcement officer firefighting personnel, or
to be present at said review process
The CCRB shall, via the Chiefs office, be allowed as ress to investigative material
O
developed by the Office of Professional Standards, f Fire Departments-er—the—
ernal-in-vest.ig,atio , as applicable.
. ,' Executive Order
Creation of the Citizen Complaint Review B.oard •
Page 4
•
The CCRB shall make monthly reports which shall be submitted to the Mayor. t-°v
1-4
X. EFFECTIVE DATE
For the purposes of considering appointments to the CCRB and conducting certain
preliminary endeavors, such as orientation, this Executive Order shall become
effective immediately. If any complaints are pending from the CCRB created
pursuant to a prior Executive Order, the time periods for filing such complaint or
reviewing same are hereby waived.
XI. RECOMMENDATIONS
f/' The CCRB shall render its finding and recommendation regarding a proper
disposition of a citizen's complaint. Each finding and recommendation shall be in
writing and contain the following:
(1) Identification of the Committee's specific concern (e.g., violation of S.O.P.,
violation of training procedure, etc., or absence of effective S.O.P. or training
process).
(2) Impact on citizen, community, integrity of the department, and of
department's ability to effect public safety.
(3) Recommended action.
XII. OVERSIGHT
The Office of the Mayor shall have oversight responsibility for this Executive Order.
BY THE POWER VESTED IN ME BY SECTION 3.04 AND 8.06 OF THE OMAHA
HOME RULE CHARTER OF 1956, I HEREBY PROCLAIM THIS TO BE THE
EXECUTIVE ORDER ESTABLISHING AND GOVERNING THE CITIZEN
COMPLAINT REVIEW BOARD.
WITNESS my hand as Mayor of the City of Omaha this 29th day of August, 1996.
Hal Daub, Mayor
•
s
Review Board recommendations regarding citizens whose complaints cannot be
received and adjudicated within the time period contained in employee union contracts
might not receive full satisfaction. However, the Review Board can make policy
recommendations to help mitigate or prevent future employee misconduct.
•
,4
♦ .. ��
MOTION BY COUNCILMEMBER
I hereby move that Council Document No. , Current Series, be amended in the
whole by deleting it in its entirety and substituting, in lieu thereof, the attached Ordinance.
APPROVED AS TO FORM:
DEPUTY l Y ATTORNEY A
P:\Law1U 2629z.doc
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ORDINANCE NO.
1 AN ORDINANCE to provide for the creation of a Citizen's Police & Fire Review Board to
2 review complaints of citizens of the City of Omaha alleging police or fire misconduct; to
3 establish its own rules of procedure not inconsistent with the ordinances adopted by the
4 City Council; to provide that the Board may make policy recommendations to help
5 mitigate or prevent future employee misconduct; and to provide for the effective date
6 thereof.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
8 Section 1. That Chapter 2 of the Omaha Municipal Code is amended by adding Division
9 3 Citizen's Police and Fire Review Board, as follows:
10 DIVISION 3 CITIZEN'S POLICE AND FIRE REVIEW BOARD
11 Section 2-35. CREATION.
12 There is hereby created a Citizen's Police and Fire Review Board (hereinafter sometimes
13 referred to as the "Review Board." or the "Board") which shall review appeals from aggrieved
14 citizens who are dissatisfied with the findings of the Chief of Police or Fire Chief, in connection
15 with a complaint by the citizen. The Review Board shall make findings and recommendations, as
16 outlined below; however the City Council recognizes that when the Board cannot make its
17 findings within the time limitations for discipline imposed in the labor agreements between the
18 City and its sworn employees, the findings of the Board will not be utilized in the disciplinary
19 process. However, the Review Board may make policy recommendations to help prevent future
20 misconduct.
ORDINANCE NO.
PAGE 2
1 Section 2-36. BOARD.
2 (a) Appointment. The Review Board provided for herein shall be comprised of nine (9)
3 members, seven (7) of whom shall be appointed by the City Council from each City Council
4 District, and two (2) of whom shall be appointed by the Mayor, subject to the approval by
5 resolution of the majority of the City Council. Members shall serve for four year terms, with the
6 exception that the initial appointees to said Board shall be appointed in the following manner:
7 As determined by lot, three Council appointees shall be appointed for four years, two Council
8 appointees shall be appointed for three years, and two Council appointees shall be appointed for
9 two years. One Mayoral appointment shall be for four years, and one Mayoral appointment shall
10 be for two years. All members shall attend a City sponsored Citizens' Review Academy within
11 six months of appointment. Each member shall continue to serve until their successors have
12 been appointed. Any vacancy occasioned by resignation, death, or removal of a member shall be
13 filled for the balance of the unexpired term by appointment of the appointing authority subject to
14 approval of a majority of the City Council.
15 (b) Chairperson. The Board shall elect a chairperson at its first meeting who shall act in that
16 capacity for one year, at which time the Board shall elect a new chairperson. Each member of
17 the Board shall serve as such without pay, but may be reimbursed for any travel expenses
18 incurred in the performance of their assigned duties.
19 (c) Meetings. The Review Board shall meet at least once every month at a regularly
20 scheduled time and place for the purpose of conducting both hearings and other administrative
21 business necessary to the operation of the Review Board.
22 (d) Removal. Any member of the Review Board may be removed for unauthorized and/or
23 inappropriate disclosure of Review Board information or findings, incompetence, neglect of
ORDINANCE NO.
PAGE 3
1 duty, misconduct or malfeasance by vote of a majority of the City Council and approval by the
2 Mayor. Unauthorized and/or inappropriate disclosure includes violation of the confidentiality
3 provisions described below.
4 Section 2-36. PROCESS.
5 (a) Request for Review.
6 The Board shall review the investigation process and the results of a citizen complaint when so
7 requested by said citizen by the filing of a "Request for Review" filed in the City Clerk's office.
8 The Clerk's office shall provide a copy of the Request for Review to the Board, and the Police or ,
9 Fire Chief(whichever Department is involved) within 24 hours of receipt of such complaint. In
10 order to be considered by the Board such complaint must have been filed and investigated by .
11 either the Omaha Fire Department or Police Department and a letter of determination written by
12 the Chief of Police or Fire Chief. The Request for Review must be filed with the Clerk's office
13 within sixty(60) days from the date of the letter from the Chief of Police or Fire Chief informing
14 the citizen of his or her determination.
15 (b) Hearing Procedure and Rules.
16 Hearings shall be held when a quorum (majority) is present. The hearings will be presided over
17 by the chairperson, or the chairperson's designee, of the Review Board. The chairperson shall
18 insure that all persons involved in the hearing are treated fairly and impartially. The Review
19 Board may enact rules for its internal operation. These rules need not be submitted to the City
20 Council for approval. Such rules shall be procedural rather than substantive.
21 (c) Witnesses. The Board may request that witnesses appear voluntarily, but may not
22 compel the appearance or testimony of any witness. If a sworn member of the Police or Fire
23 Department appears before the Board, such sworn personnel must be given the appropriate
ORDINANCE NO.
PAGE 4
1 waivers and constitutional and other guarantees as required by the laws of the United States, the
2 laws of the State of Nebraska, and the provisions of the labor agreement, which is applicable to
3 any individual who is the subject of a citizens complaint and who appears before the Board for
4 the of giving testimony.
purpose
5 (d) Documents. Any documents in the possession of the City, which the Board believes are
6 necessary for a fair review of the complaint, must be requested from the Mayor. All documents
7 received from the Mayor's office are subject to the rules of strict confidentiality in subparagraph
8 (f) below. The Board my ask the City Council to invoke its subpoena power under Section 8.07
9 of the Home Rule Charter to obtain records pertinent to an identified investigation.
10 (e) Hearing.
11 At the next meeting, the Board shall review each complaint and it may hear testimony from the
12 complaining citizen, seek the voluntary testimony of witnesses, and when it believes that
13 investigatory files are necessary it may ask the Mayor to provide such files to the Board.
14 (f) Strict confidentiality.
15 The Board shall comply with all state laws requiring the confidentiality of Police and Fire
16 Departments records and information as well as the privacy rights of all individuals involved in
17 the process including, but not limited to, all of the provisions of the Nebraska Records
18 Management Act, 84-1201, et seq, and Nebraska R.R.S. 1943, 84-712 through 84-712.09. No
19 reports to the City Council, verbal or written, shall contain the name of any individual police
20 officer or witness, or the facts of any specific investigation. No Board member shall discuss the
21 substance or details of a specific complaint..
22 (g). Findings and Recommendations.
23 Within fifteen (15) days of the completion of an investigation, the Review Board shall issue a
24 written report containing findings of fact and make recommendations regarding discipline and/or
25 policy changes that shall be submitted to the Mayor, City Council, Police or Fire Chief who may
ORDINANCE NO.
PAGE 5
1 utilize this information as appropriate, subject to the confidentiality provisions of Section 2-23
2 (f)of this Ordinance.
3 Section 2-37. Notice to parties.
4 The Review Board shall notify the complainant(s) and the affected sworn personnel in a timely
5 fashion of the status or disposition of the appeal.
6 Section 2-38. Period of Limitation.
7 Section 2. This Ordinance shall be in full force and take effect fifteen (15) days from and
8 after the date of its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED
ATTEST:
•
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
' Alm 10 Iln1
VV titIA-ZcEY
DEPUTY CI ' DATE
P:\Lawl\12628z.doc
• REQUESTDTrO LAW DEPARTMENT
- CEIVEn
For Law Department Use Only
TO: Paul D. Kratz, City Attorney0' OCT 22 OI4 957
Tog Book #:
DATE: October 19, 2001 CITY C L`P I Date Assigned:
C M A H A fJ r is / Assigned to:
A S Answered/Sent Out:
Withdrawn:
REQUEST BEING MADE BY: On behalf of Councilmember Jim Vokal
Lou And sen Assistant to City Council 5518
(Name V (Department) (Phone)
TIME LINE (Due Date): October 30, 2001 Council Agenda (Second Reading)
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Ordinance-Citizen's Review Board Amendment of Whole
(State Specifically What You Are Requesting)
DETAILS:
Mr. Jim Vokal has confirmed he wants the proposed ordinance to contain a provision to
subpoena documents and related records (not witnesses). It has been made clear in
meetings with the Law Department that there is no intention to transfer subpoena power
directly to the Review Board. However, we are asking for provisions that will allow the
Board to request the Mayor, the City Council, or both, to use their subpoena power in
Sections 8.06 and 8.07 of the City Charter to obtain written documents and records to
facilitate the deliberations of the Review Board. We believe it is possible to include
appropriate limiting provisions in the ordinance that would prevent abuses of subpoena
power.
The Law Department is requested to develop appropriate provisions to accomplish the
foregoing objective.
In addition, the Council requests a meeting with Wendy Hahn as early as possible on
Monday, October 22, 2001 , to discuss the ordinance as prepared for the first reading.
INFORMATION ATTACHED: YES NO x NONE AVAILABLE
dg
c: Councilmembers, City Clerk, Mayor's Chief of Staff, Police Chief, Fire Chief, Council Staff
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The foll5�vus.?,:',44tc s been set for THE" DAILY RECORD
City Counc :ia:n,;j u6= ber 30, 2001, OF OMAHA
at.2:00.'0 etea.--.aui.,I the Legislative
Chamber-.tmxakr,;ra/3.ugias. Civic Center, RONALD A. HENNINGSEN Publisher
1619.ar,..,ai :I..n-,,.'at which hearing all r
.erson• .�<.-.,u.x -be beard. PROOF OF PUBLICATION
ir" •r, ?!L'?a'sa-ricf='r1 provide for the
atio" ',W i,,rlkz1.s.;-d ce& Fire Review
`1:X$ 4 , of citizens of the UNITED STATES OF AMERICA,
m r1r '. r.11.'pdtice or fire 'The State of Nebraska,
1A330,k11%,, s ffA I,';its own rules of
r alut: Ii"•,§stem` with the District of Nebraska, ss.
;i ,.. =t •r,1:rJ ' the City Council; to (JountyofDgiglae,
provi2 `'Dixa ,i.a 'Jtr�ri,.rnay make policy Cltyot011laha,
•
recom- aul:i;,as „ .. lelp mitigate or
prevent,-•'.ras. +z,t*vie-+rhisconduct;and to
provide tor' :..- i -date thereof. JOHN P. EGLSAER
BUSTER BROWN, being duly ,deposes and says
City Clerk sworn that he is
10-26-01
ADVERTISING MANAGER
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
October 26, 2001
That ws r aper during that time was regularly published and
in r�l ion in the County of Douglas, and State of
CPJ
li
tiler's Fee $
�,y . �: ribed in my p nos and sworn to
EXPIRLS 15.Z0 beforemethla 26.t dayot
d>7.<4y 6.20Ork, � �/ O c t o e O 1
20
„elhc'pr NEB"
(01/4No ry c.. County,
State of Nebraska