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CPARB Rules and Regulations

 • City of Tucson Citizen Police Advisory Review Board Rules and Regulations

• Rules and Procedures (Chapter 10A, Articles VIII and XIII)

CITY OF TUCSON
CITIZEN POLICE ADVISORY REVIEW BOARD
RULES AND REGULATIONS
 (amended 02/17/04)


ARTICLE I - NAME

The name of this organization shall be the Citizen Police Advisory Review Board (CPARB), and will hereafter be referred to as the "Board."

ARTICLE II - TERMS, MEMBERSHIP AND MEETING ATTENDANCE

    • The appointment, composition, qualifications and terms of Board membership will be in accordance with Tucson Code Section 10A-90.
    • The terms, conditions and removal of Board members will be in accordance with Tucson Code Section 10A-134.
    • The Board will appoint four (4) advisory members in accordance with Tucson Code Section 10A-137. Advisory members will be appointed for a period not to exceed two (2) years.
    • A voting or advisory member who misses four (4) consecutive meetings for any reason or who fails to attend for any reason at least forty (40) percent of the meetings called in a calendar year will be automatically and immediately removed as a member of the body.

ARTICLE III - OFFICERS

    • The officers of CPARB shall include a Chairperson and Vice Chairperson.
    • The Chairperson and Vice Chairperson shall be elected at the February meeting. Nominations for the officers may be made by any voting member. After the nominations are closed, the Board may allow nominated candidates up to 10 minutes to discuss their leadership experience, qualifications, and vision for the office they are seeking.
    • The term of each elected officer shall be one (1) year. Officers elected outside of the February election process will serve the remainder of the term they are filling.
    • No officer may hold the same office for more than two (2) consecutive terms.
    • In the event of the resignation or removal of the Chair during the year, the Vice Chair will become the Chair and a new election will be held for Vice Chair. In the event of the resignation or removal of any other officer, a new election will be held to fill the vacant office.

ARTICLE IV - DUTIES OF OFFICERS

    • The Chairperson will:
      1. Call and preside at meetings and ensure meetings are in compliance with all rules governing the Board.
      2. Appoint subcommittees as needed to accomplish Board business.
      3. Serve as an ex-officio member of all subcommittees.
      4. Be the spokesperson of the Board on issues that have been addressed by the Board.
      5. Coordinate the agenda with staff and any Board member requesting an item to be placed on the agenda.
      6. Sign all documents regarding Board business.
         
    • The Vice Chairperson will:
      1. Perform the duties of the Chairperson during his/her absence.
      2. Act in an advisory capacity to the Chairperson and perform such functions as assigned by the Board.
      3. Fill any vacancy occurring in the office of the Chair for the remainder of the term.

ARTICLE V - MEETINGS

    • All meetings, including any special meetings, shall be posted, announced, and recorded in accordance with ARS §§38-431 et seq., the Arizona Open Meetings Laws.
    • Regular meetings will be held once a month at a time and place to be determined by the Board.
    • A quorum will consist of four (4) voting members. If a quorum is not met within fifteen (15) minutes after the scheduled meeting time, the meeting will be cancelled.
    • An agenda will be prepared for each meeting. Any Board member may suggest an item be placed on the agenda; however, the majority rule or the Chair will decide agenda items.
    • When properly noticed and included on the agenda, the Board may receive at any meeting comments from the public as part of a Call to the Audience, as provided in ARS §38-431.01. The Chairperson may also permit members of the public to provide comments during discussion of items properly noticed and included on the agenda; but the Chairperson is not required to permit such public comment unless the item has been noticed as a public hearing. Unless otherwise provided by the Chair, each such citizen will be limited to speaking for five (5) minutes.
    • If the Chair and Vice Chair are both absent at any meeting of the Board, the Board will elect a Chair Pro Tem who shall perform all duties of the Chair for that meeting.

ARTICLE VI - SPECIAL MEETINGS

Special meetings, for any purpose, may be held at the call of the Chairperson or a majority of the voting members.

ARTICLE VII - SUBCOMMITTEES

    • The standing subcommittees of the Board will be:
      1. Training
      2. Public Relations/Community Outreach
    • Subcommittees also will be created for specific projects, programs, events, activities, issues, and case reviews as required.
    • Meetings of subcommittees will be conducted in accordance with ARS §§38-431 et seq.
    • Voting members of the Board will Chair all subcommittees.
    • Advisory members may serve as members on subcommittees.

ARTICLE VIII - TRAINING

    • Each voting and advisory Board member will receive initial comprehensive training as provided in Tucson Code Section 10A-94 prior to reviewing any cases. After initial training each voting and advisory Board member will pursue forty-eight (48) hours of educational opportunities annually.
    • Initial comprehensive training will be designed by the Board, in cooperation with the Tucson Police Department and the Independent Police Auditor. This training will be consistent with the requirements of Tucson Code Section 10A-94(a).
    • Educational opportunities are defined as:
      1. Ride alongs (recommended one ride along per quarter for a minimum of four hours);
      2. Citizen Police Academy;
      3. Work on Board subcommittees;
      4. Other training directed toward becoming knowledgeable with the procedures and practices of the city police department or otherwise designed to increase the Board member’s skills in reviewing and evaluating citizen complaints. This includes training presentations given during Board meetings, as well as periodic Board retreats.

ARTICLE IX - LIMITATIONS OF POWERS

    • The Board will not take a political position on any issue since it represents the City of Tucson.
    • Neither the Board nor any member thereof may incur city expense or obligate the city in any way without prior authorization of the Mayor and Council.
    • Neither the Board nor any member thereof will engage in any of the activities described in Tucson Code Section 10A-93.
    • These Rules and Regulations do not, and are not intended to, exceed the powers given to the Board by the Tucson City Code, other City ordinances, or other action by Mayor and Council.

ARTICLE X - PARLIAMENTARY PROCEDURE

The rules in the current edition of Robert’s Rules of Order shall govern the Board in all cases to which they apply and do not conflict with the specific provisions the Tucson Code, these Rules and Regulations or any special rules that the Board may adopt.

ARTICLE XI - AMENDMENTS

    • Any Board member or advisory member at any regular meeting may propose an amendment to these Rules and Regulations. The proposed amendment may be placed on the agenda for the next regular meeting for discussion and action.
    • Amendments properly adopted by the Board will become effective once they are properly filed with the City Clerk, as provided in Tucson Code Section 10A-136.
    • A review of the Board Rules and Regulations will be held on an as-needed basis.


PASSED, ADOPTED AND APPROVED by the Tucson Citizen Police Advisory Review Board,      February 17, 2004     .


____________________________________
Chairperson


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RULES AND PROCEDURES


• Chapter 10A, Article VIII - Citizen Police Advisory Review Board
• Chapter 10A, Article XIII - Terms and Conditions of Membership on Boards, Committees and Commissions and Filing of Rules

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CHAPTER 10A, ARTICLE VIII - CITIZEN POLICE ADVISORY REVIEW BOARD

Section 10A-86. Declaration of policy.
It is the policy of the city to foster and encourage a citizen police partnership in the prevention of crime and to develop and maintain positive communications and mutual understanding and trust between the police and the community. The mayor and council find that the partnership between police and citizens is strongest when citizens are confident that the internal investigation of citizen complaints against the police department is fair and just. The mayor and council further find that such confidence is best achieved by opening the internal investigative process to public review and comment. (Ord. No. 8843, § 1, 3-24-97)

Section 10A-87. Creation.
In order to promote the goals and objectives of the above-stated policy, there is hereby established an entity to be called the "citizen police advisory review board." (Ord. No. 8843, § 1, 3-24-97)

Section 10A-88. Citizen complaints and concerns: powers and duties.
The citizen police advisory review board is authorized to:

    • Refer citizens who wish to file complaints against the city police department to the department's office of professional standards or to the office of the independent police auditor.
       
    • Conduct public outreach to educate the community of the role of the office of professional standards and the office of the independent police auditor in the investigation of complaints against the city police department or one of its officers.
       
    • Request that the independent police auditor monitor a particular citizen complaint being investigated by the city police department.
       
    • Request from the city police department a review of completed action taken by the department on a citizen complaint or a review of incidents which create community concern or controversy.
       
    • Request from the independent police auditor a review of completed action taken by the independent police auditor on a citizen complaint.
       
    • Review completed investigations of citizen complaints alleging police officer misconduct in order to comment on the fairness and thoroughness of an investigation and to report any concerns regarding the investigation to the chief of police, the independent police auditor, the city manager and/or the mayor and council.
       
    • Provide comments and recommendations to the chief of police, the independent police auditor, the city manager and/or the mayor and council on the citizen complaint review process.
       
    • Provide comments and recommendations to the chief of police, the independent police auditor, the city manager and/or mayor and council on police department policy, procedure, and practice.

(Ord. No. 8843, § 1, 3-24-97)

Section 10A-89. Community-police partnership: powers and duties.
The citizen police advisory review board shall have the authority to:

    • Consult with the governing body from time to time as may be required by the mayor and council.
       
    • Assist the police in achieving a greater understanding of the nature and causes of complex community problems in the area of human relations, with special emphasis on the advancement and improvement of relations between police and community minority groups.
       
    • Study, examine, and recommend methods, approaches, and techniques to encourage and develop an active citizen police partnership in the prevention of crime.
       
    • Promote cooperative citizen-police programs and approaches to the solutions of community crime problems, emphasizing the principle that the administration of justice is a responsibility which requires total community involvement.
       
    • Recommend procedures, programs, and/or legislation to enhance cooperation among citizens of the community and police.
       
    • Strive to strengthen and ensure, throughout the community, the application of the principle of equal protection under the law for all persons.
       
    • Consult and cooperate with federal,state, city, and other public agencies, commissions, and committees on matters within the board's charge.
       
    • At the discretion and express direction of the mayor and council, assume and undertake such other tasks or duties as will facilitate the accomplishment of these goals and objectives, except as hereinafter provided.

(Ord. No. 8843, § 1, 3-24-97)

Section 10A-90. Composition, appointment, terms, and attendance.

    • Composition and qualifications. The citizen police advisory review board shall be composed of ten (10) members. All voting members shall be residents of the city and shall not have ever been convicted of a felony. No voting member shall currently be a peace officer.
       
    • Appointment. The mayor and each councilmember shall appoint one (1) voting member of the board. Should an appointment not be made within thirty (30) days of when the position becomes available, the appointment can be made by a majority vote of the mayor and council. The city manager, the chief of police, and the police employee's labor representation group, recognized by the city, shall each designate a representative to serve on the board as a continuing ex-officio, nonvoting member. In the event that there is no police employee's labor representation group recognized by the city, the chief of police shall designate one (1) commissioned officer within the department who holds a rank no greater than sergeant to serve on the board as a continuing ex-officio, nonvoting member.
       
    • Diversity of advisory members. As provided in section 10A-137 the board may appoint up to four (4) additional nonvoting advisory members. The appointment of advisory members shall be made so as to enhance the diversity of the board. Advisory members are required to meet the same qualifications as appointed, voting members.
       
    • Term. All appointments shall be for four-year terms, except that members appointed by the mayor and each councilmember shall not serve beyond the term of the mayor or councilmember making such appointment. Ex-officio members serve at the pleasure of the individual or group they represent. As per Tucson Code, section 10A-137, the term of advisory members is not to exceed two (2) years.
       
    • Attendance. A member (to include advisory members) of the board who misses four (4) consecutive meetings for any reason or who fails to attend for any reason at least forty (40) percent of the meetings called in a calendar year is automatically removed as a member of the board.

(Ord. No. 8843, § 1, 3-24-97; Ord. No. 9928, § 1, 1-26-04)

Section 10A-91. Board organization.
The citizen police advisory review board chairperson and vice-chairperson shall be selected by a majority of those members appointed by the mayor and council. The board shall adopt rules and regulations relating to its powers and duties, may appoint from its members such standing or special committees as determined necessary, and shall meet at such times and places throughout the city as determined by the board. (Ord. No. 8843, § 1, 3-24-97)

Section 10A-92. Reports.
The citizen police advisory review board shall report to the mayor and council annually and shall report to the mayor and council annually and shall submit such additional reports as it deems necessary or as requested by the mayor and council. The board's annual report shall be filed on or before February 1. (Ord. No. 8843, § 1, 3-24-97; Ord. No. 9928, § 1, 1-26-04)

Sec. 10A-93. Limitations of powers.
Neither the citizen police advisory review board nor any member thereof, except as otherwise authorized by law, shall:

    • Incur city expense or obligate the city in any way without prior authorization of the mayor and council.
       
    • Except for the chairperson who is the official spokesperson for the board, make any written or oral report of any committee activity to any individual or body other than to the mayor and council.
       
    • Independently investigate citizen complaints against the police department or individual police officers by questioning witnesses or otherwise.
       
    • Conduct any activity which might constitute or be construed as a quasi-judicial review of police actions.
       
    • Conduct any activity which might constitute or be construed as establishment of city policy.
       
    • Violate the confidentiality of any information related to matters involving pending or forthcoming civil or criminal litigation.
       
    • Review or comment on the investigation of a citizen complaint where criminal charges are under investigation or pending until the case has reached a final disposition, except in those instances where the police department has determined that the citizen complaint is not related to the investigation or prosecution of the criminal charge against the citizen and has completed action on the citizen complaint and any other criminal charges have reached a final disposition.

(Ord. No. 8843, § 1, 3-24-97; Ord. No. 9928, § 1, 1-26-04)

Section 10A-94. Training.

    • Initial comprehensive training shall be provided to each voting and advisory board member prior to reviewing any cases. Such training shall be mandatory and shall be designed and implemented by the board's training committee, the independent police auditor and the police department. Such training should include, but shall not be limited to, familiarization with:

      1. City police department operations;
         
      2. Police review structures and issues;
         
      3. Surveys of citizen concerns;
         
      4. Police training programs;
         
      5. Confidentiality;
         
      6. Citizen participation;
         
      7. History of citizen-police oversight in the United States and Tucson;
         
      8. Race, community relations, and law enforcement; and
         
      9. Police employee organization issues and concerns.
         
    • After appointment to the board, voting and advisory members are required to pursue forty-eight (48) hours of educational opportunities annually and report these to the chairperson. For purposes of this section, educational opportunities shall be defined as:

      1. Ride-alongs (recommended): One (1) ride-along per quarter for a minimum of four (4) hours;
         
      2. Police department's citizen academy;
         
      3. Work on board committees; and
         
      4. Other training directed toward becoming knowledgeable with the procedures and practices of the city police department or otherwise designed to increase the board member's skills in reviewing and evaluating citizen complaints.

(Ord. No. 8843, § 1, 3-24-97; Ord. No. 9928, § 1, 1-26-04)

Section 10A-95. Cooperation.
The various city officers and employees are hereby authorized and directed to perform all acts necessary or desirable to give effect to this article. The city manager is hereby authorized and directed to provide or make provisions for such services as are reasonably needed to support the citizen police advisory review board's activities. (Ord. No. 8843, § 1, 3-24-97)

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CHAPTER 10A, ARTICLE XIII - TERMS AND CONDITIONS OF MEMBERSHIP ON BOARDS, COMMITTEES AND COMMISSIONS AND FILING OF RULES

Section 10A-133. Applicability.
The provisions of this article shall apply to all boards, committees and commissions of the city, notwithstanding any other ordinance or resolution unless specifically exempted from the provisions hereof, or except when they conflict with the Charter, Arizona Revised Statutes, intergovernmental agreements, or corporate articles or bylaws of instrumentalities of the city. Where there is a conflict, the applicable provisions of the Charter, Arizona Revised Statutes, intergovernmental agreement, or corporate articles or bylaws shall prevail. (Ord. No. 7018, § 2, 9-6-88)

Section 10A-134. Terms and removal.

    • The terms of members of a body shall be coterminous with the terms of office of the mayor or members of the city council who appointed them, or until their successors on the body are appointed, except such members may be removed with or without cause prior to the expiration of their term by the mayor or members of the city council who appointed them or by such mayor's or member of the city council's successor in office.
       
    • Members of such bodies shall be eligible for reappointment; but in no event may any individual serve more than a total of eight (8) continuous years on the same body, except members of bodies whose terms are more than four (4) years may serve two (2) complete coterminous terms. Once a member has served eight (8) years on a body, he may not be reappointed to that body until he has had a break in service of at least one (1) continuous year. Whenever a body is dissolved and reconstituted, time previously spent in office shall count towards the eight-year limitation. The following technical code committees are exempt from the eight-year service limitation: the Citizens Sign Code Committee, the Uniform Building Code Committee, the Electrical Code Committee, the Uniform Fire Code Committee, the Light Pollution Code Committee, the Mechanical Code Committee, the Plumbing Code Committee, the Spa/Pool Code Committee.
       
    • Appointees, except for advisory members and members of the technical code committees named herein, may not serve on more than one (1) body at a time.
       
    • The terms of office of members of a body serving unspecified terms shall be four (4) years commencing December 31, 1988, subject to the eight-year continuous service limitation.
       
    • A member of a body, except for advisory members, who misses four (4) consecutive meetings for any reason or who fails to attend for any reason at least forty (40) percent of the meetings called in a calendar year is automatically and immediately removed as a member of the body.
       
    • No city employee may serve on a body except in a nonvoting, ex officio capacity.
       
    • Except as provided in subsection (h), should the appointment of a member of a body authorized to be appointed by the mayor, a member of the council, or the city manager (hereafter referred to as the "appointing authority") fail to be made within thirty (30) days after the expiration of the term of the member or thirty (30) days after a vacancy occurs, the appointment may be made by the mayor and council.
       
    • Prior to the expiration of the term of members of bodies referred to in subsection (g), or within thirty (30) days after a vacancy on such a body occurs, the appointing authority may request an extension of time from the mayor and council to make the appointment.

(Ord. No. 7018, § 2, 9-6-88; Ord. No. 7260, § 1, 8-7-89; Ord. No. 10064, § 1, 10-18-04)

Section 10A-135. Effective date.

    • The term of office for those members of a body who will have served eight (8) or more years continuously on a body as of December 31, 1988, will end on December 31, 1988, regardless of whether the member is serving a specified or unspecified term.
       
    • The term of office for those voting members of a body who are city employees will end on December 31, 1988.

(Ord. No. 7018, § 2, 9-6-88)

Section 10A-136. Rules and regulations of commissions, boards, departments to be filed.
Two (2) copies of all rules and regulations of general application and future effect of every commission, board or department of the city, affecting the rights or procedure available to the public, including amendments and repeals thereof, shall be filed with the city clerk. All such rules and regulations, including amendments or repeals thereof, not so filed shall be of no force or effect.

It is hereby made the duty of the chairman of each commission or board of the city or the head of each department of the city to file such copies of such rules and regulations and of all repeals and amendments thereof in true and correct form with the city clerk.

(Ord. No. 7018, § 2, 9-6-88)
Cross references: Filing of regulations of building board of appeals required, § 16-13.

Section 10A-137. Nonvoting, advisory members.

    • Except as provided in section 10A-138, the chairperson of a body may, with the consent of a majority of the regular members of the body, appoint no more than four (4) advisory members to the body. Advisory members may be appointed for a period not to exceed two (2) years.
       
    • Such advisory members shall have the right to be present at all meetings and to take part in the deliberations, but shall be nonvoting and shall not be counted in determining whether a quorum is present.

(Ord. No. 7079, § 1, 10-24-88; Ord. No. 8023, § 1, 4-12-93)

Sec. 10A-138. Citizens Advisory Planning Committee zoning code revision subcommittee.
The Citizens Advisory Planning Committee (CAPC) zoning code revision subcommittee is hereby established. The members of the CAPC zoning code revision subcommittee shall:

    • Be appointed by and serve at the pleasure of a concurring vote of a simple majority of the CAPC;
       
    • Not be subject to the number, term, quorum or voting restrictions of sections 10A-134 and 10A-137.

(Ord. No. 8023, § 2, 4-12-93)

Section 10A-139. Requirements for creation of boards, committees, and commissions.

    • Boards established by ordinance or resolution. All city boards, committees, and commissions (hereinafter collectively referred to in this section as "board") that serve an on-going advisory or quasi-judicial function shall be established by ordinance adopted by the mayor and council. All other city boards that are intended to serve for a limited time for the purpose of advising the mayor and council on a specific issue shall be established by a resolution adopted by the mayor and council.
       
    • Resolution contents. Except as provided in subsection (c), the resolution referred to in subsection (a) shall contain the following provisions:

      1. Sunset clause. Unless mandated by the resolution to have a longer term, the board shall automatically terminate twenty-four (24) months after the effective date of the resolution.
         
      2. Staff support. Unless otherwise specified and budgeted, support for all boards shall be limited to complying with the requirements of the open meeting law.
         
      3. Strategic plan. The mission, responsibilities, and functions of the board shall be specified and consistent with the city's strategic plan.
         
      4. Outside financial support. The mayor and council shall approve any application for financial support outside of the city, and the county for joint City-Pima County Boards, before the board may apply for the same. Any such financial support shall include funds for administrative assistance.
         
      5. Annual report. The board shall file an annual report with the city clerk summarizing the board's previous year's activities.
         
    • Exceptions. The mayor and council may exempt a board from any of the provisions of subsection (b) by specifically designating the provision to be exempted in the resolution creating the board and specifying the alternative, if any, to the provision.

(Ord. No. 9943, § 1, 3-22-04)

Editor's note: It should be noted that § 2 of Ord. No. 9943 states that the provisions of § 10A-139 shall not apply to boards, committees, or commissions existing on the effective date of this ordinance (March 22, 2004).