Resolution in Support of a Criminal Justice Ombudsman Program
WHEREAS, when there is a law enforcement related shooting or in-custody death, a police department conducting its own investigation or appointing another police department in the region to do so only leads to a potential conflict of interest and undermines community trust in the process. An independent entity would eliminate this conflict of interest, increase transparency, and build trust with the community into how these types of investigations by law enforcement are handled.
WHEREAS, collective bargaining of the police officer disciplinary process within individual police departments has led to a growing concern that such contractual provisions undermine the ability of management to deter misconduct. When officers are disciplined, far too often that discipline is subject to grievance and arbitration procedures that could take months, if not years, to be fully resolved. Moreover, police executives’ decisions on officer discipline are frequently reversed or modified by arbiters, civil service boards, and grievance panels.
WHEREAS, many states have allowed police unions to have considerable power over their employers and affect how governments operate, especially regarding collective bargaining.
WHEREAS, the Fifth and Fourteenth Amendments to the Constitution of the United States proclaim that no one shall be “deprived of life, liberty or property without due process of law.” In any investigation of law enforcement while acting under the color of law, due process rights for the law enforcement officer should be respected and reinforced.
NOW THEREFORE BE IT RESOLVED: States need to embrace transparency and accountability within the criminal justice system by creating an ombudsman’s office that allows for effective communication, structure, and process between law enforcement and the communities in which they serve during the investigation of law enforcement related shootings or in-custody deaths,
NOW THEREFORE BE IT RESOLVED: An ombudsman should investigate law enforcement related shootings and in-custody deaths and make a recommendation to the state’s attorney general for prosecution when appropriate and/or to the law enforcement agency for appropriate corrective action or discipline. The ombudsman will provide the public with an independent and impartial voice related to law enforcement related shootings or in-custody deaths.
NOW THEREFORE BE IT RESOLVED: The ombudsman will have a staff of special agents with full police powers within the state to investigate all statutory crimes of the state in order to conduct full criminal investigations within this resolution. The ombudsman shall also have access to state crime scene technicians for crime scene response and be allowed to submit evidence to the state’s criminalistics laboratory.
NOW THEREORE BE IT RESOLVED: An ombudsman would act as an independent and impartial voice. Law enforcement agencies shall contact the ombudsman’s office on all law enforcement related shooting and in-custody death at their department. As a result of the investigation, the ombudsman shall make a recommendation on whether the complaint was a criminal act, a policy violation, or a lack of formality or training within the department. If the investigation uncovers a policy violation, then the ombudsman shall refer the case back to the law enforcement agency in which the officer is employed for further review and determination of punishment or corrective action. If the investigation results in a lack of training or formality of a department, then the ombudsman shall contact the department and review processes and training at that department and offer opportunities of improvement in those processes or training. If the ombudsman recommends a referral for prosecution against the officer, the ombudsman shall notify the department that the criminal case is being referred to the state’s attorney general for prosecution. There shall be no time limit for in-custody death or law enforcement related shooting investigations. If the ombudsman’s does not recommend criminal prosecution, the recommendation does not preclude the state’s attorney general from ultimately pursuing criminal charges against the officer.
NOW THEREFORE BE IT RESOLOVED: That the State’s Attorney General’s office shall have exclusive jurisdiction to investigate and prosecute law enforcement officers for law enforcement involved shootings or in-custody deaths.
NOW THEREFORE BE IT RESOLVED: That the ombudsman shall have access to any local, state, federal agency records, or databases for investigative purposes. The ombudsman shall establish and manage a repository associated with their investigations that can be made available to law enforcement agencies and the general public.
NOW THEREFORE BE IT RESOLED: That the ombudsman will have a public information officer that will be used to brief the public on law enforcement related shootings or in-custody deaths and operate a website that provides information about the ombudsman’s office and can accept complaints electronically from the public within that system.
NOW THEREFORE BE IT RESOLVED: in order to successfully implement an independent ombudsman, collective bargaining should be limited in scope and not include such areas as discipline related to police shootings, or in-custody death investigations.
NOW THEREFORE BE IT RESOLVED: that the Ombudsman office shall develop policies and procedures that respect due process for officers while providing substantive accountability and transparency to the public.