Ombud Process Mapping of Civilian Oversight Options

Civilian Process Workflow:

If a member of the community submits an allegation to the City Ombud, it is always also forwarded to the Police Department for investigation as well. Once the Ombud has received the allegation a decision is made whether the Ombud conducts the internal investigation (which may involve hiring a third party to conduct the investigation) or the Ombud reviews the findings of Police’s investigation of the allegation. With the latter, it is sometimes necessary that the Ombud hire an outside third party to conduct its own investigation of the Police Department’s investigation as well. No matter if the Police Department or an outside third party investigates the allegation, the findings are always reviewed by the Ombud, and if necessary, the City Manager, City Attorney, and City Council. The findings are then presented to the complainant.

Police Department Process Workflow

When the Police Department receives an allegation from a member of the community, it is first investigated by a supervisor. A supervisor would also investigate any allegations forwarded to the Police Department from the City Ombud or those forwarded to the Kirkland Police Chief from the WA State Criminal Justice Training Commission (CJTC). The Supervisor then determines if the allegation is considered “minor” or “serious.” If it is classified as a “minor” allegation, a Lieutenant reviews the Supervisor’s findings and recommended disposition before presenting the findings to the complainant. This is also when the Police Department would forward the findings to the Ombud if the Ombud had requested the investigation.

Alternatively, if an allegation is classified as “serious,” a Lieutenant reviews the allegation and preliminary investigation conducted by the Supervisor and provides a recommendation if they believe an internal affairs investigation is warranted. Next, the Deputy Police Chief reviews the completed preliminary investigation and recommendation. Then, the Police Chief reviews and determines if an internal affairs investigation is necessary.  If the Chief determines an internal affairs investigation is necessary, an internal affairs Lieutenant or outside agency completes the internal affairs investigation and reports to the Police Chief and, if necessary, the City Manager. Finally, the findings are presented to the complainant. Just like with an allegation classified as “minor,” at this point, the Police Department would forward to the Ombud and/or the CJTC if either had requested the investigation. In certain cases of discipline, the Kirkland Police Department must present the findings to the CJTC pursuant to RCW 43.101.135.

Washington State’s Criminal Justice Training Commission Process Workflow

When the Criminal Justice Training Commission (CJTC) receives an allegation, it is either investigated by the CJTC or forwarded to Kirkland’s Police Chief to investigate. If the CJTC investigates the allegation, they will review the findings and, if necessary, serve the officer and the Kirkland Police Department with a statement of charges. If the CJTC serves charges, the officer receiving the statement of charges can choose to contest those charges and request a hearing in front of a 5-member panel including 3 non law enforcement members. That 5-member commission panel may impose sanctions pursuant to RCW 42.101.105-121.  Whether the CJTC serves charges or not, a written determination is provided to the complainant.