A separate page provides a flow chart indicating the main steps involved in the Complaint Process after a person submits a Complaint form to the Citizen Review Board.
A. Complaint Filed
When a complaint is received by the Citizen Review Board (CRB), the director reviews it and determines whether or not the Board has jurisdiction to review the complaint. Complaints that are not filed within the legal time frame (one year from incident), do not involve a commissioned peace officer with the Las Vegas Metropolitan Police Department or a complaint that is filed by a citizen who is not an eye or ear witness to an incident involving alleged police misconduct will be dismissed by the director. Complaints must be submitted in writing on a complaint form obtained from the CRB and may not be submitted anonymously. Once the director determines that the CRB has jurisdiction to review the complaint, an acknowledgment letter goes out to the complainant with the assigned case number. A copy of the complaint is sent to the subject officer as well as to the Internal Affairs Bureau (IAB). The officer notification letter states the alleged type of misconduct as well as a date by which the officer may submit a response in writing to the CRB. This response will be available for board members to review along with all other documentation from the complainant and IAB. It is not mandatory for officers to respond, however, it is recommended that the subject officer provide information regarding the alleged incident so that the board may consider the allegations of the complaint from all perspectives.
B. Screening Panel Review
Within 90 days of receiving a complaint, the Screening Panel, composed of five board members, will meet and review all complaints including any documentation received by IAB or responses filed by the subject officer. These meetings are closed to the public and the board members will vote on each complaint and decide how the matter should proceed.
A Screening Panel may dismiss a case for lack of merit or determine that the case does not warrant any further action or investigation. Alternatively, the Screening Panel may refer a case for voluntary mediation to the NJC, may refer a complaint to IAB for further investigation or may refer a complaint to a Hearing Panel if an investigation has already been completed by IAB.
Once IAB completes its investigation, the case is sent back to the Screening Panel for its review. The Screening Panel may agree with IAB’s findings or disagree and refer the case to a Hearing Panel.
C. Hearing Panel Procedures
If the Screening Panel disagrees with the conclusions reached by IAB or determines that the investigation done by IAB lacked objectivity or was not thorough, the case may be referred to a Hearing Panel. The Hearing Panel consists of 5 board members, but cannot be any member who is already sitting on the Screening Panel. The subject officers will be notified with a Notice of Hearing and given another date in which they may respond in writing. Again, this meeting is closed to the public. The Hearing Panel may determine that no further testimony or evidence is necessary and may make its findings based on the information provided by IAB, the transcription of witness statements, evidence provided in writing by the complainant, and any written statements provided by the subject officer(s). Alternatively, the Hearing Panel may find it necessary to issue subpoenas and hear testimony from witnesses, including the complainant and subject officer.
Officers have the right to be represented and have all constitutional rights including their Fifth Amendment right to refuse to testify if they believe their testimony would incriminate them and subject them to possible prosecution.
After hearing testimony the Hearing Panel members will privately deliberate and issue written findings as to the disposition of the complaint. The panel may find a complaint is sustained, not sustained, unfounded, or exonerated. If a Hearing Panel finds that an officer has violated LVMPD policy or procedure, the Panel may recommend disciplinary sanctions to the Sheriff.
D. Actions by the Sheriff
The CRB is merely an advisory board and makes recommendations regarding findings of misconduct, disciplinary sanctions, changes to policy and training suggestions to the Sheriff. It is ultimately up to the Sheriff to determine if those recommendations should be followed.