§ 2.45.010. Definitions.

The following words and phrases whenever used in this Chapter shall be construed as defined in this Section:

"Ad Hoc Committee" shall mean a temporary committee formed by the Commission comprised of less than a quorum of Commission members to address a specific issue.

"Agency" shall mean the Community Police Review Agency.

"Appointing Authority" shall mean the Selection Panel established by section 604(c)(3) of the City Charter or the Mayor. "Appointing Authorities" shall mean both the Selection Panel and the Mayor.

"Chief" shall mean the Chief of Police of the Oakland Police Department.

"Commission" shall mean the Oakland Police Commission.

"Department" shall mean the Oakland Police Department.

"Misconduct" shall mean both a Department sworn employee's affirmative act that violates, and/or his or her failure to act in violation of, the Department's policies, procedures or directives, including without limitation the Department's Manual of Rules.

"OIG" shall mean the civilian Office of Inspector General created by this Chapter 2.45.

"Serious Incident" shall mean a Department sworn employee-involved shooting, death or serious bodily harm caused by the action and/or inaction of a Department sworn employee, in-custody death, and/or on-duty or off-duty criminal conduct of a sworn Department employee which rises to the level of a felony or serious misdemeanor.

"Serious Misdemeanor" shall mean any misdemeanor crime that, if convicted, could preclude active law enforcement personnel, or a sworn employee of the Department, from successfully fulfilling the responsibilities of their job classification. Examples include those crimes that involve violence, intimidation, threats, sexual offenses, theft, dishonesty, possession of drugs, purchase, ownership or possession of a firearm in violation of California Penal Code section 12021(c)(1), and those crimes where bias based on any legally protected characteristic is a motivating factor.

"Subject Officer" shall mean the Department sworn employee who is the subject of a complaint of alleged misconduct.

(Ord. No. 13498, § 2, 7-10-2018)