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.

When a complaint is received by the Citizen Review Board (“CRB”), the director reviews it and determines whether the board has jurisdiction to review the complaint. Complaints that are not filed within the legal time frame (one year from the incident), do not involve a commissioned peace officer with the LVMPD, 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 executive 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 is sent to the complainant with the assigned case number. A copy of the complaint is sent to the subject officer as well as to LVMPD Internal Affairs. The officer notification letter states the alleged type of misconduct as well as an invitation for the officer to submit a confidential 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 Internal Affairs. (It is not mandatory for officers to respond. However, it is recommended that the subject officer provide information regarding the alleged incident so that board members may consider the allegations of the complaint from all perspectives.)

A screening panel (composed of five randomly-drawn board members), will meet and review all complaints. Board member consider documentation provided by Internal Affairs and responses filed by the subject officer. These meetings are closed to the public. The panel reviews each complaint separately and votes as to how the matter should proceed.

A screening panel may dismiss a case for lack of merit or determine that the case does not warrant further action or investigation. Alternatively, the screening panel may refer a case to Internal Affairs for further investigation or may refer a complaint to a hearing panel if an investigation has already been completed by Internal Affairs.

Once Internal Affairs completes its investigation, the case is sent back to the screening panel for its review. The panel may agree with Internal Affairs’ findings or disagree and refer the case to a hearing panel.

If the screening panel disagrees with the conclusions reached by Internal Affairs or determines that the investigation performed lacked objectivity or was not thorough, the case may be referred to a hearing panel. A hearing panel consists of five randomly-drawn board members, but cannot be any member who is already sitting on the screening panel. The subject officers will be provided a formal agenda, a notice of hearing, and another opportunity to respond in writing.

The hearing panel may determine that no further testimony or evidence is necessary. The board may make its findings based upon the information provided by the department, 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 to hear testimony from witnesses, including the complainant and subject officer. Importantly, officers have the legal 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.

At the conclusion of gathering evidence and testimony (if needed), the hearing panel members will privately deliberate. Once a vote is taken, the chairperson of hearing issues written findings recommendations as to the disposition of the complaint. If a hearing panel finds that an officer has violated LVMPD policy or procedure, the panel may recommend disciplinary sanctions to the sheriff.

The CRB is an advisory board whose purpose is for its members to make 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 will be followed.