Policy Text
Policy
1021Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentInternal Board of Review - 1Internal Board of Review
1021.1 PURPOSE AND SCOPE
The Internal Board of Review is responsible for reviewing major misconduct investigations and
making advisory findings of fact and conclusions to the Police Chief. Not all major misconduct
investigations are referred to the Board of Review. The Police Chief has the discretion of assigning
such investigations to the PSU Sergeant or field supervisor for an advisory finding of fact.
The Police Chief, after receiving a completed investigation, will have the Professional Standards
Unit (PSU) forward to the Board chairperson copies of the completed investigation in to order
initiate a Board of Review.
1021.1.1 COMPOSITION
The Board of Review will be held at the direction of the Police Chief and consists of five members.
The Police Chief will appoint a chairperson, typically a Police Captain.
The chairperson of the Board will appoint two additional members to the Board, usually of one
rank superior to the involved employee, and at least one of whom is from the employee's division.
The President of the Mountain View Police Officers Association shall appoint one Board member
and the final Board member shall be a representative of the City Manager's Office.
The representative of the City Manager's Office shall excuse him/herself from any administrative
appeals process that may arise from the matter heard by the Board.
The PSU Sergeant will act as a staff resource to the board during the hearing, but is not a voting
member.
Employees who were directly involved with the investigation, or who can otherwise demonstrate
a conflict of interest, will be excused from participating on the Board of Review.
1021.1.2 BOARD OF REVIEW PROCEDURES
The Board of Review will examine the facts of the allegation and the PSU investigation within
fourteen (14) working days, or as soon as a Board can be convened, after receiving the completed
investigation from the PSU Sergeant. The Board will forward its findings to the Police Chief.
(a)The Board may call upon any witnesses as necessary.
(b)The Board may call upon the accused employee, if necessary, in compliance with
Government Code §§ 3300 to 3311.
(c)All witnesses, including the accused employee, will be excluded from any other
witness testimony and from all Board deliberations.
(d)The chairperson will prepare a written finding and disposition of each allegation listed
in the complaint. The Board findings and disposition shall be advisory to the Police
Chief.
Mountain View Police Department
Mountain View PD Policy Manual
Internal Board of Review
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentInternal Board of Review - 2The Board may include in its findings recommendations for evaluation and change in training and
policy based upon information arising from investigative findings.
Findings/conclusions shall summarize the results of the Board and be delivered to the Police Chief
within five (5) working days of the hearing. A finding shall be made on each individual allegation
with sufficient facts to support said finding.
Upon receipt of the report from the Board of Review, the Police Chief shall review its findings.
If additional investigation is required based upon these findings, the Police Chief may return the
matter to the PSU for additional investigation.
After the PSU completes its additional investigation, at his/her option, the Police Chief may
resubmit the matter to a Board of Review for a second review. The second Board of Review may
or may not consist of the same members as the original Board.
Upon conclusion of the investigation and disposition by the Police Chief, the employee will be
notified of the findings and intent to discipline, if applicable, as soon as possible and in all cases,
within five (5) business days.
1021.1.3 POLICE CHIEF REVIEW
The Police Chief is not bound to the finding/conclusion or recommendations of any subordinate
or the Board of Review.
The Police Chief may make a new and separate finding/conclusion and may implement the
disciplinary action the Police Chief deems appropriate.