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A. The OAT shall monitor or investigate incidents set forth below when the investigation is conducted by the Department. The OAT will not participate in criminal investigations or investigate matters while a criminal investigation is pending.

B. The OAT shall monitor Department investigations or investigate:

1. Any shooting involving uniformed personnel, whether duty related or not;

2. Any in-custody death;

3. Any duty-related incident during which, or as a result of which, anyone dies or suffers serious bodily injury as that term is defined in A.R.S. § 13-105(39), as it may be amended from time to time; and

4. The OAT shall also monitor or participate in Department investigations concerning the following incidents. However, if no criminal charges are filed subsequent to an investigation, or such criminal charges are dismissed, the OAT shall have the discretion to monitor or investigate the following incidents:

a. Any incident, whether or not duty related, in which Police Department uniformed personnel are under investigation for, or charged with, any crime set forth in A.R.S. Title 13, Chapters 11, 12, 13 and 14 (offenses against the person, which include homicide, assault, kidnapping, and unlawful sexual behavior), as they may be amended from time to time; or

b. Any incident, whether or not duty related, in which Police Department uniformed personnel are under investigation for, or charged by, any jurisdiction with a misdemeanor or local law violation in which a use of force (defined as assaulting, beating, striking, fighting, or inflicting violence on a person) or threatened use of force is an element of the offense.

C. In addition, the OAT shall monitor investigations or investigate possible misconduct by uniformed personnel when requested to do so by the City Manager. The Board or City Manager shall advise the OAT of the reasons why the Board or the City Manager believes the OAT should monitor or investigate.

D. The OAT may also make any recommendations to the City Manager or Police Chief regarding the sufficiency of any investigation, determinations as to whether Department rules or policies have been violated, and the appropriateness of disciplinary sanctions, if any.

E. The Department shall, as soon as practicable, notify the OAT upon becoming aware of:

1. An incident described in subsection B of this section; or

2. An incident, whether or not duty related, in which a Police Department uniformed personnel is under investigation for, or charged by, a jurisdiction with a misdemeanor or felony.

F. OAT shall immediately notify the following parties regarding whether it will monitor, participate in an investigation, or investigate an incident under this section:

1. The Board;

2. The Police Chief; and

3. The City Manager. (Ord. No. G-6851, § 1, 2021)