2003 Ombudsman Recommendations

Recommendation:

Criminal investigations involving one or more Boise City employees as the target of the investigation in which the alleged criminal behavior is connected with the target's employment with the City should be referred immediately to an outside law enforcement agency other than the Boise Police Department and the Boise Airport Police.

BPD Response:   No response was received from the Mayor and City Council for these five (5) recommendations. However, certain elements of these recommendations appear to have been incorporated into the creation of the Ethics Commission.

Recommendation:

It is recommended that, if in the course of an administrative review, credible evidence is found that forms a reasonable suspicion that a criminal violation has occurred, and if the crime is a felony or is a misdemeanor that directly affects the reputation and/or operational effectiveness of the City of Boise, the administrative review should be halted immediately and the matter referred, through the Office of the City Attorney, to an appropriate outside (non-Boise City) law enforcement agency for investigation. The administrative review would recommence once any criminal investigation has been completed.

BPD Response:   No response was received from the Mayor and City Council for these five (5) recommendations. However, certain elements of these recommendations appear to have been incorporated into the creation of the Ethics Commission.

Recommendation:

It is recommended that, under no circumstances should the chief of the Boise Police Department, the chief of the Boise Airport Police, or any member of their departments be used to conduct an administrative review of any City employee and/or elected official outside of either police department.

BPD Response:   No response was received from the Mayor and City Council for these five (5) recommendations. However, certain elements of these recommendations appear to have been incorporated into the creation of the Ethics Commission.

Recommendation:

The City should adopt a formal policy and procedure that clearly define the process to be used when allegations are made against senior managers, department heads, and elected officials. Particularly with regard to allegations made against department heads and elected officials, a cooperative agreement with an outside (non-Boise City) investigative agency/contractor should be put in place so that allegations against department heads and elected officials can be automatically referred to the outside agency/contractor for investigation.

BPD Response:   No response was received from the Mayor and City Council for these five (5) recommendations. However, certain elements of these recommendations appear to have been incorporated into the creation of the Ethics Commission.

Recommendation:

The City should adopt a formal policy and process for the investigation of alleged policy violations by City employees. Such a policy should not conflict with already existing policies and procedures already in place for dealing with allegations made against employees of the Police Department and the Airport Police (i.e. Internal Affairs and the Office of the Community Ombudsman).

BPD Response:   No response was received from the Mayor and City Council for these five (5) recommendations. However, certain elements of these recommendations appear to have been incorporated into the creation of the Ethics Commission.

Recommendation:

Engage in a conversation with area hospitals, the courts, prosecutors, and the Department of Health and Welfare to determine when and how the medical treatment provisions of the Child Protective Act (Idaho Code ยง 16-1616) should be used. This provision seems to express the legislature's desire that judges, not police officers, decide when medical treatment is necessary.

BPD Response:  No response received