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65D - POLICE OVERSIGHT
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65D - POLICE OVERSIGHT
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12/15/2020 9:07:00 AM
Creation date
12/15/2020 9:01:38 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
65D
Date
12/15/2020
Destruction Year
2025
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ILUM UM Police Review Commission 2019 Annual Report Page 19 <br />Police officers can appeal findings of misconduct that are sustained at a Board of Inquiry <br />Hearing. These are referred to as Caloca appeals, in reference to the court cases that <br />established the officers' right to appeal <br />In the Caloca appeal process, an administrative law judge (ALJ) from the State Office of <br />Administrative Hearings conducts an "independent re-examination" of the decision. The <br />PRC must prove, by clear and convincing evidence, that the sustained finding should be <br />upheld. <br />One Caloca appeal was filed in 2019, and it was heard and decided that year. In that case, <br />the ALJ upheld the PRC's sustained finding. <br />This table shows the outcome of appeals decided each year from 2015 to 2019. <br />Year <br />PRC Sustained <br />Findings Appealed <br />Caloca Ruling <br />2019 <br />(1 case) 1 allegation <br />1 allegation upheld (Sustained) <br />2018 <br />(1 case) 1 allegation <br />1 allegation overturned (Unfounded) <br />2017 <br />(1 case) 1 allegation <br />1 allegation upheld (Sustained) <br />2016 <br />(1 case) 1 allegation <br />1 allegation upheld (Sustained) <br />2015 <br />(1 case) 1 allegation <br />1 allegation overturned (Not Sustained) <br />See Caloca v. County of San Diego (1999) 72 Cal.App.41' 1209 and Caloca v. County of San <br />Diego (2002) 102 Cal.App.4'h 433. <br />65D-36 <br />
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