AN ORDINANCE relating to the Police Department; creating a position for a citizen observer on the Firearms Review Board.

WHEREAS, the Seattle Police Department has an internal Firearms Review Board that is convened to investigate and review the circumstances attending each discharge of a firearm by an officer; and

WHEREAS, the Board currently consists of appointees from within the Police Department; and

WHEREAS, the Mayor and the City Council have an interest in increasing the confidence of the general public in the review process;

and

WHEREAS, adding a non-voting citizen observer to the Firearms Review Board would accomplish this; Now Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Firearms Review Board Citizen Observer Position Created; Purpose

There is created a Firearms Review Board Citizen Observer position (hereinafter "Citizen Observer") with authority to attend each meeting of the Seattle Police Department Firearms Review Board as a non-voting observer, to report annually to the Mayor and Council on the proceedings of the Firearms Review Board, and to increase the confidence of the general public in the review process.

Section 2. Definitions

As used in this Subchapter, the following definitions apply:

A. "Firearms Review Board" refers to the Seattle Police Department's internal review board (or successor unit), currently referenced in Section 1.305 of the Seattle Police Department's Policies and Procedures Manual, whose purpose is to investigate and review the circumstances attending each discharge of a weapon by an officer.

Section 3. Appointment of the Citizen Observer

A. The Mayor shall appoint as his or her representative, a Citizen Observer, subject to confirmation by the City Council, to observe the proceedings of the Firearms Review Board. The Citizen Observer shall serve a term of three (3) years and may be reappointed to one subsequent three-year term by the Mayor, subject to confirmation by the City Council. Terms shall begin on the effective date of this ordinance.

The Citizen Observer may be removed from office by the Mayor by filing a statement of reasons for removal with the City Council. The Citizen Observer shall receive a stipend of $150 for each hearing of the Firearms Review Board that she or he attends.

B. The Citizen Observer should possess the following qualifications and characteristics:

1. A reputation for integrity and professionalism, as well as the ability to maintain a high standard of integrity in the office;

2. A commitment to and knowledge of the need for and responsibilities of law enforcement, as well as the need to protect basic constitutional rights of all affected parties;

3. The potential for gaining the respect of departmental personnel and the citizens of this City;

4. The ability to work effectively with the Mayor, City Council, City Attorney, Chief of the Department, departmental personnel, and citizens; and

5. The ability, as shown by previous experience, to work with diverse groups and individuals.

Section 4. Duties of the Citizen Observer

A. Observe the proceedings of the Firearms Review Board

The Citizen Observer shall observe the proceedings of the Seattle Police Department's Firearms Review Board. The Citizen Observer will function as a non-voting member of the Firearms Review Board.

B. Confidentiality of the Proceedings

In discharging his or her responsibilities, The Citizen Observer shall protect the confidentiality of the proceedings of the Firearms Review Board. The Citizen Observer shall not identify any subjects of review or describe particular incidents in any public report required by this chapter or in any other public forum.

C. Citizen Observer to Prepare Annual Report

The Citizen Observer shall prepare an annual report of his or her observations about the proceedings of the Firearms Review Board. This report shall be forwarded to the Mayor, City Council, Chief of Police, City Attorney, and City Clerk for filing as a public record. The Citizen Observer's report shall be prepared in accordance with the following provisions:

1. The Citizen Observer's report shall contain a general description of the Firearms Review Board proceedings she or he has attended in the past year, including, but not limited to:

a. the number of proceedings attended by the Citizen Observer.

b. a breakdown of the recommendations of the proceedings (e.g., whether the discharge of the firearm was determined by the Chief of Police as justified or unjustified);

c. a summary of issues, problems, and trends noted by the Citizen Observer as a result of his or her review;

d. any recommendations that the Department consider additional officer training; and

e. any recommendations that the Department consider policy or procedural changes within the framework of applicable law and labor agreements.

2. The Citizen Observer's report shall not contain any recommendations concerning any particular police officer or information leading to the identity of a specific incident, nor shall the report comment upon or make recommendations concerning potential civil or criminal liability of specific employees, police officers, or citizens.

3. The Citizen Observer shall deliver a confidential preliminary draft of his or her annual report to the Chief of Police for review and comment. The Chief of Police shall report and comment on the preliminary report within twenty (20) working days after receipt of the report. The Citizen Observer shall submit the final report within thirty (30) days after receipt of the Chief's comments. The Citizen Observer's final report shall be submitted no later than the first day of December each year.

4. The Chief of Police shall forward to the Mayor, City Council, City Attorney, and City Clerk within twenty (20) working days of receipt of the Citizen Observer's final report, the Chief's written comments on the report.

Section 5. Citizen Observer to Meet with the Mayor, City Council, and Chief of Police

The Citizen Observer shall meet periodically with the Mayor, City Council, and the Chief of Police regarding recommendations to improve the firearms review process within the framework of applicable law and labor agreements.

Section 6. Any act consistent with the authority of and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 7. Within eighteen (18) months of its effective date, the Mayor shall submit an evaluation of this ordinance to the City Council.

Section 8. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.

Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

PASSED by the City Council of the City of Seattle this ______ day of ______________, 1997, and signed by me in open session in authentication of its passage this _____ day of _______________, 1997.

______________________________________ President _________of the City Council

Approved by me this __________ day of _________________, 1997.

______________________________________ Mayor

Filed by me this __________ day of _________________, 1997.

______________________________________ City Clerk

(Seal)

Susan Crane City of Seattle