§ 2-250. Decision of the board.

(a)

The decision of the citizens' police review board shall be advisory only to the city manager. Upon review of the investigation, the citizens' police review board shall render one (1) of the following decisions by majority vote:

(1)

Concur. The board agrees with the findings of the Office of internal affairs.

(2)

Do not concur. The board does not agree with the findings of the office of internal affairs. The board may recommend any one (1) of the following alternative findings: sustained, not sustained, exonerate, or unfounded. These findings are defined in Fort Lauderdale Police Department Policy 117.3.

a.

Sustained. The investigation produced a preponderance of evidence to substantiate the allegation of an act which was determined to be misconduct.

b.

Not sustained. The investigation failed to produce a preponderance of evidence to either prove or disprove the allegation.

c.

Exonerate. The allegation did in fact occur, but the actions of the employee were legal, justified, proper, and in conformance with city policy and procedure.

d.

Unfounded. The allegation concerned an act by an employee which did not occur.

(3)

Defer case for more information. This will be the decision when the citizens' police review board determines that there is insufficient factual evidence to render a decision. The board's decision of deferral shall include the specific additional information or investigation sought and shall be in accordance with applicable Florida or federal law.

(4)

Unable to reach a decision. The board shall state, with specificity, the reasons related thereto.

(b)

In addition, the board shall make a recommendation to the city manager that either agrees or disagrees with the chief of police's recommendation to the city manager regarding discipline. If the board disagrees with the chief of police's recommendation, the board shall indicate whether the discipline should be greater or less than the chief's recommendation.

(Ord. No. C-94-47, § 3, 11-15-94; Ord. No. C-98-18, § 1, 4-7-98; Ord. No. C-05-28, § 1, 10-5-05 ; Ord. No. C-17-22 , 1, 8-22-17)