Written complaints may be sent to the Board’s offices by mail, email or submitted in person at that office during operating hours. The Board shall schedule evening and weekend hours as it deems appropriate. Written complaints may be completed and filed on forms furnished by the Board. The Board will accept written complaints filed at local precincts and forwarded by the Police Department. The Board will also accept complaints submitted through the Chattanooga Control Board’s website and by such other methods as the Board may determine.

Telephone complaints will be received during normal business hours at the Board office. Complainants may also report complaints in person at the Board office during operating hours. Complaints may also be filed at public locations to be designated by the Board. The Board shall also schedule evening and weekend hours as it deems appropriate. The Board will also accept complaints submitted through its voicemail system or by such other methods as the Board may determine.

Where the Board receives allegations about persons or matters falling within the sole jurisdiction of another City Department (and not that of the Board), the Board or the Chair shall immediately refer such allegations to such other City Department.

With respect to complaints about officers and matters within the Board’s jurisdiction, the Board shall notify the Chief of Police of the actions complained of within a reasonable period of time after receipt of the complaint. The Board’s notice to the Chief of Police shall indicate that: (1) the Board will contemporaneously initiate a parallel investigation of the Complaint or behavior with the Police Department; and/or (2) the Board will not investigate the Complaint or behavior but will conduct an Investigation Review upon the Police Department’s conclusion of its investigation.

During the investigatory process, neither the identity of, nor personally-identifiable information about, complainants or witnesses shall be released beyond the Community Control Board staff, Board members, and CPD staff engaged in the specific investigation of the complainant’s allegation. If the complaint is substantiated and is referred to a Community Control Board hearing, the complainant’s identity may be released in the course of any public hearing about the alleged misconduct.

The procedures to be followed in investigating complaints shall be such as in the opinion of the Board will best facilitate accurate, orderly and thorough fact-finding.

• In investigating a complaint, Board investigatory personnel may utilize one or more of the methods set forth in subsection f, and any other techniques not enumerated here, as may be useful in conducting an investigation.

• The Board may make written or oral requests for information or documents.

• A panel established by the Board may interview the complainant, the subject officer or witnesses.

  • The panel may make field visits for purposes such as examining the site of alleged misconduct and interviewing witnesses.

  • Upon a majority vote of members of the Board, the Board may issue subpoenas ad testificandum and duces tecum, which may be served, to the extent permitted by law.

  • The panel may obtain records and other materials from the Division of Police which are necessary for the investigation of complaints submitted to the Board, except such records and materials that cannot be disclosed by law. In the event that requests for records or other evidence are not complied with, the panel may request issuance of a subpoena duces tecum or a subpoena ad testificandum.

  • All of the foregoing, excluding requests for subpoenas, may be undertaken by Board investigators.

• It is the intent of these Rules not to alter the rights afforded to police officers by the CPD in standing orders or other rules and procedures or in collective negotiation contracts with respect to interviews so as to diminish such rights, if any, including but not limited to any existing right to notice of an interview, the right to counsel, and the right not to be compelled to incriminate oneself.

Interviewing. A member of the Police Department who is the subject of a complaint shall be given two business days’ notice prior to the date of an interview, to obtain and consult with representatives. A member of the Division of Police who is a witness in an investigation of a complaint shall be given a period of time, up to two business days, to confer with their representatives.

• All persons interviewed may be accompanied by up to two (2) individuals to act as their representative, inclusive of their chosen counsel. Such counsel or representative may advise the person interviewed as circumstances may warrant, but may not otherwise participate in the proceeding.

• Prior to the commencement of the interviewing of a police officer, the following statement shall be read to such officer:

  • You are being questioned as part of an official investigation of the Chattanooga Control Board. You will be asked questions specifically directed and narrowly related to the performance of your duties. You are entitled to all the rights and privileges guaranteed by the laws of the State of Tennessee, the Constitution of this State and the Constitution of the United States, including the right not to be compelled to incriminate yourself and the right to have legal counsel or such other representative present at each and every stage of this investigation, however that person may not unduly interfere or disrupt the proceedings.

• Interviews shall be scheduled at a reasonable hour, and reasonable requests for interview scheduling or rescheduling shall be accommodated. If possible, an interview with a police officer shall be scheduled when such officer is on duty and during daytime hours. Interviews may be conducted at the Board’s offices or other locations designated by the Board.

• The interviewer shall inform the interviewee of the name and position of the person in charge of the investigation, name and position of the interviewer, the identity of all persons present at the interview, whether the interviewee is a subject or witness in the investigation, the nature of the complaint and information concerning all allegations, and the identity of witnesses and complainants, except that addresses need not be disclosed and confidential sources need not be identified.

• The interviewer shall not use off-the-record questions, offensive language or threats, or promise of reward for answering questions.

• The interviewer shall regulate the duration of question periods with breaks for such purposes as meals, personal necessity and telephone calls. The interviewer shall record all recesses.

• Interviews shall be recorded by the Board. No other recordings are permitted.

• If an interviewee needs an interpreter, he or she shall advise the interviewer of such need as soon as possible after being notified of the date and time of the interview. A qualified interpreter will be obtained from an official registry of interpreters or another reliable source.

• Reasonable accommodations shall be made for persons with disabilities who are participating in an interview. Persons requiring such accommodations shall advise the Board of such need as soon as possible after being notified of the date and time of the interview.

Assignment. The Chair shall assign to a panel consisting of at least three Board members, or may assign to the full Board for review, all cases which must be fully investigated. Panel membership shall be determined by the Chair.

• The panel or the Board shall review the investigatory materials for each assigned case, and prepare a report of its findings and recommendations.

• The panel or the Board may, if it deems appropriate, return a case to investigative staff for further investigation or a panel may, upon approval of the Board, conduct additional fact-finding interviews in accordance with this Ordinance.

• Panel findings and recommendations shall be referred to the full Board for its consideration.

Case Dispositions.  No finding or recommendation shall be based solely upon an unsworn complaint or statement, nor shall prior unsubstantiated, unfounded or withdrawn complaints filed with the Board, be the basis for any such finding or recommendation with regard to an individual complaint. This rule shall not be an impediment to any recommendations or findings made with regard to overall patterns or practice of inappropriate behavior, policies or procedures, which may in part rely on complaints, no matter their disposition, filed with the Division of Police, the Board or both.

• Panels or the Board shall employ a “preponderance of the evidence” standard of proof in evaluating cases, and their findings shall be grounded in and by competent support or evidence.

• A report of the findings and recommendations with respect to each case investigation reviewed shall be prepared and transmitted to the Chief of Police. Where the disposition of one or more allegations is “Substantiated,” as defined in subdivision (d) of this section, such report shall be forwarded in writing within five business days of such substantiation and shall include appropriate pedigree information regarding the subject officer, the case number and any other control or serial number assigned to the case, and a summary of the pertinent facts.

• The following categories of case investigation dispositions shall be used in reports to the Chief of Police:

  • Substantiated: the acts alleged did occur and did constitute misconduct.

  • Unsubstantiated: there was insufficient evidence to establish whether or not there was an act of misconduct.

  • Exonerated: the acts alleged did occur but did not constitute misconduct.

  • Unfounded: the acts alleged did not occur.

  • Complaint Withdrawn: the complainant voluntarily withdrew the complaint.

  • Complainant Unavailable: the complainant could not be located following at least four attempts to contact the complainant by telephone, certified mail, in-person visit, and electronic communication, respectively.

  • Complainant Uncooperative: the participation of the complainant was insufficient to enable the Board to conduct a full investigation.

  • Officer Unidentified: the Board was unable to identify the officer who was the subject of the allegation.

  • Referral: the complaint was referred to another City Department.

  • No Jurisdiction: the complaint does not fall within the jurisdiction of the Board.

  • No Prima Facie Case: the complaint does not state a prima facie case.

  • Mediated: the parties to the mediation agreed that the complaint should be considered as having been resolved through mediation.

  • CPD Disciplinary Action Accepted as Sufficient.

  • Other articulated reasons: as from time to time determined by the Board.

• The Board may close without conducting a full investigation any case unrelated to police misconduct or matters beyond the scope of authority granted herein; provided, however, a justification for the action is stated on the record.

• Prior to the closure of any case, Board members must review the case and vote to close the matter in a public session.

• The Board at the outset of its operation shall adopt guidelines to handle requests for withdrawal.

Meetings and Reports. The full Board shall meet at least one time each month, at which meeting it shall consider cases referred to it and conduct any other business.

• If a case has been referred to the Board, the Board may take such action as it deems appropriate, including, but not limited to, making its own findings and recommendations, remanding the case to a referring panel for further consideration or action, and remanding the case for further investigation.

• If a Board member has a personal, business or other relationship or association with a party to or a witness in a case before a panel to which such member has been assigned, the member shall disclose this situation to the Chair, and shall request that the case be transferred to another panel. If a Board member has such a relationship in a case before the full Board, the member should recuse himself or herself from deliberations or action in connection with that case.

• Board members must be present at a meeting of the Board or a panel in person or, subject to such limitations as the Board may by resolution from time to time determine, by videoconference in order to register their votes.

• The Board shall hold meetings open to the public no less than once every other month. At such meetings, the Board shall provide a public report on Board activities, without disclosing personally identifiable information about a complainant prior to a Board’s hearing, including but not limited to:

  • The disposition of cases referred to it by Board’s staff in the prior month;

  • The disposition of cases in which the Board recommended discipline to the Chief of Police, and what discipline, if any, the Chief of Police issued to the officer found to have committed misconduct in the prior month;

  • The number of complaints received in the prior month, the type of misconduct alleged in those complaints, and the investigatory status of those complaints;

  • Any practices or policy investigations ongoing or completed, as well as any policy recommendations made pursuant to the Board’s authority to investigate practices or patterns of behavior and CPD policies;

  • Efforts to promote the Board’s function, availability, and processes to the public during the prior month.

• The Board shall have the authority to conduct public hearings related to issues of public concern with CPD policies, patterns, or practices. The Board may choose to summon the Chattanooga Chief of Police or other employees of the CPD to testify at such hearings.

  • At each monthly public meeting, the Board shall include a public comment period during which members of the public may address the Board on issues germane to the Board’s jurisdiction.

  • The minutes of each public Board meeting shall be posted on the Board’s website within a reasonable time following the meeting.

  • The Board shall publish on its public website on a quarterly basis:

  • The number of complaints it receives;

  • The race, ethnicity, gender, and age of the complainant;

  • The precinct(s) in which the misconduct is alleged to have taken place;

  • The basic facts of the complaints (with personally identifiable information redacted);

  • The disposition of each complaint;

  • The recommended discipline, if any, for each complaint;

  • The officers’ name and badge number if the board recommended disciplinary action;

  • The discipline issued by the Chief of Police, if any, for each complaint;

  • Any other information the Board shall determine is relevant to carry out the Board’s duties and responsibilities.

• The Board shall request from the CPD and publish on a quarterly basis:

  • The number of stops made by CPD officers during the previous quarter, including data disaggregated by:

    • the date, time, location and police district of the pedestrian or vehicle stop;

    • the perceived race, ethnicity, gender, and age of the person stopped, and whether the person stopped was of limited English proficiency, and if so, whether interpretive services were offered, provided that the identification of these characteristics shall be based on the observations and perceptions of the CPD officer making the stop and the information shall not be requested of the person stopped, unless otherwise required by law;

    • an explanation of the reason for the stop;

    • whether a frisk of the individual took place as a result of the stop, and an explanation of the legal justification for the frisk;

    • whether a search (beyond a frisk) of the individual or, if applicable, the vehicle, took place as a result of the stop, and an explanation of the legal justification for the search;

    • the scope of any search conducted;

    • whether any contraband was discovered or seized in the course of the search, and if so, the nature of the contraband;

    • the disposition of the stop, such as a warning, a summons, or an arrest;

    • if a summons was issued or an arrest made, the violations, offenses, or crimes charged (including Criminal Code section or other section of law);

    • whether any force was used during the stop, frisk or search, and the type of force used;

• The number of use of force incidents by the CPD, including data disaggregated by:

  • the race, gender, ethnicity, and age of the civilian;

  • the type/brief description of force used

  • the reason for use of force

  • the civilian injuries that took place during the incident involving use of force, if any;

  • the officer injuries that took place during the incident involving use of force, if any.

• Any reporting request of and to be provided by the CPD’s Internal Affairs Unit shall be in accordance with Tennessee Attorney General Guidelines and in conformance with all applicable governing laws, rules and regulations.

• The number of arrests made during the previous quarter by the CPD, including data disaggregated by:

  • The date, time, location, and police district of the arrest;

  • the race, ethnicity, gender, and age of the arrestee;

  • the offense charged (including Criminal Code section, or other section of law); and

  • whether the arrest came in response to a specific report or complaint made by a person to the CPD or 911 system.

• The amount of money the City of Chattanooga expended in settlements or judgments to resolve tort, civil rights, or other legal claims filed against the CPD, as well as the basic facts associated with those claims to the extent permitted by law or not otherwise restricted from disclosure.

• The Board shall publish an annual report, available on its public website, compiling the aforementioned statistics for each calendar year and identify any significant trends, patterns, areas of concern within the CPD’s practices.

Within seven business days of the receipt of a complaint, the Board shall notify a complainant by telephone or letter that the Board has received his/her/their complaint, and shall identify the case number.

The Board shall, within seven business days of sending to the Chief of Police it’s findings and recommendations in a case, write to the Complainant with such findings and recommendations.

The Board and such employees as it may retain shall obtain such training necessary to fulfill its responsibilities set forth herein. Such training shall be predominantly obtained from such independent, third party bodies or institutions that have experience with regard to internal affairs and civilian review investigations and audits. A policy as to training shall be adopted by the Board at the outset of its operation and updated annually. The cost of such training shall be set forth in the Board’s budget proposal as required by Section II.

If a Board member has a personal, business or other relationship or association with a party to or a witness in a case before the panel to which such member has been assigned, the member shall disclose this situation to the Chair, and shall request that the case be transferred to another panel. If a Board member has such a relationship in a case before the full Board, the member shall recuse herself or himself from deliberations or action in connection with that case.