If a division chief or division director is considering changing the findings and/or discipline after conducting a Skelly or grievance hearing in an investigation for which a determination has already been made and approved by the Case Review Committee, then the division chief or division director shall present the reason(s) to the Case Review Committee at a re-hearing. A re-hearing is not required if authorization for a modification was given by the Case Review Committee at the time of the original hearing.
There must be sound justification for changing findings and/or discipline. When considering making a change, the division chief or division director shall confer with the chair of the Executive Force Review Committee (EFRC), Executive Traffic Risk Review Committee (ETRRC), and/or Equity Oversight Panel (EOP) if the case was heard by one of those panels. In the event the chair opposes the suggested change, then the division chief or division director shall obtain concurrence of the assistant sheriff to request a re-hearing by the Case Review Committee.
If discipline has been imposed and the discipline is being appealed to the Civil Service Commission and there are discussions about settling the case, the division chief or division director shall consult with a constitutional policing advisor and then obtain concurrence from the Undersheriff prior to entering into a settlement agreement.
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