CITY of ALBUQUERQUE
TWENTY SECOND COUNCIL
COUNCIL BILL NO. R-16-135 ENACTMENT NO. ________________________
SPONSORED BY: Patrick Davis
RESOLUTION
title
Establishing Policy For The Albuquerque Police Department's Criminal Investigation Of Officer Involved Shootings And In-Custody Deaths (Davis)
body
WHEREAS, the Albuquerque Police Department ("APD") presently participates via Memorandum of Understanding (the "MOU") in a Multi-Agency Task Force for the criminal investigation of certain uses of force by APD, including but not limited to officer involved shootings ("OIS"), serious uses of force, and in-custody deaths; and
WHEREAS, in its present form the MOU contemplates that an APD detective takes the lead in these investigations and that one of the other participating agencies then partners with that lead APD detective on the investigation; and
WHEREAS, although this present system can help to benefit the accountability of the investigation and can help limit investigative bias or predisposition, it still leaves the lead investigative agency to investigate itself in some of the most complicated and difficult circumstances; and
WHEREAS, a system that eliminates any APD involvement whatsoever in the investigation APD use of lethal uses of force resulting in death, and in-custody deaths will help to better ensure both the fact and appearance of impartiality in these critical investigations; and
WHEREAS, pursuant to the paragraph 48 of the City's court-approved settlement agreement with the United States Department of Justice (the "Settlement Agreement") "APD shall continue to participate in the Multi-Agency Task Force, pursuant to its MOU, in order to conduct criminal investigations (of this nature)"; and
WHEREAS, paragraph 85 of the Settlement Agreement authorizes APD and the City to amend its process with the Multi-Agency Task Force or enter new memoranda of understanding for the investigation of OIS, serious uses of force, and ...
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