§ 2-52-9. Cases to be reviewed by the board.

A.

The citizen police review board will investigate citizen complaints of alleged misconduct that are filed on or after the effective date of enactment of this chapter by the city and county and in which alleged misconduct has not taken place more than 18 months prior.

B.

Citizen complaints alleging police misconduct will be placed into one of the following categories for administrative processing:

1.	Force:	The use or threatened use of improper, unnecessary or excessive force by a member of the Memphis Police Department or the Shelby County Sheriff's Department.
2.	Arrest:	The restraint of a person's liberty was improper or unjustified.
3.	Entry:	Entry into building or onto property was improper, to include excessive force being used against property in order to gain entry.
4.	Search:	The search of a person or their property was improper, in violation of established police procedures or unjustified.
5.	Harassment:	The taking of police action which was predicated upon factors which are irrelevant, under the circumstance, to good law enforcement decision making.
6.	Demeanor:	Improper actions regarding an officer's bearing, gestures, language or other action which allegedly is offensive or of doubtful social propriety.
7.	Other Procedures:	Allegation of other actions which are in violation of departmental rules, procedures, or policies.
8.	Service:	The lack or inadequacy of police service.
9.	Property:	Property lost or damaged while in police custody or confiscated through police action.

 

C.

The board, on its own complaint, will investigate cases involving use of deadly force and incidents resulting in the death or injury of persons in police custody. Only those cases which occurred after the effective date of the enactment of this chapter by the City of Memphis and Shelby County will be heard by the board and in which the alleged incident has not taken place more than 18 months prior.

D.

Citizen complaints which allege criminal conduct on the part of the officer shall not be heard by the board. These cases shall be referred to the Memphis Police Department or the Shelby County Sheriff's Department for appropriate disposition. In the event that potential criminal conduct is determined during the course of an investigation, the case will be referred to the Memphis Police Department or the Shelby County Sheriff's Department and attorney general for appropriate disposition. The final disposition of the cases will be forwarded to the board by the police director or sheriff.

(Code 1985, § 28-159; Ord. No. 4285, § 1, 10-25-1994)