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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2009-102 (1440) A RESOLUTION OF THE CITY OF SAN LEANDRO ADOPTING A POLICE DEPARTMENT POLICY FOR THE INVESTIGATION OF CITIZEN COMPLAINTS OF SEXUAL HARASSMENT BY POLICE OFFICERS RECITALS WHEREAS, the City of San Leandro has entered into settlement of the following litigation matters: Jennzfer Acuna vs. Cit~of San Leandro, et al, United States District Court for the Northern District of California, Action Number CV 08-1020 JL; and Starlah Burke v. City of San Leandro, et al., United States District Court for the Northern District of California, Action Number CV 07-6142 JL; and WHEREAS, as a condition to the settlement of the aforementioned litigation the City of San Leandro hereby agrees to adopt a policy to have an outside firm of investigators handle any investigation of a citizen's complaint against any San Leandro police officer who is alleged to have sexually harassed that citizen while the officer was acting in the apparent course and scope of his/her employment. The results of that investigation, including any recommendation of discipline, shall be made to the City Attorney, the City Manager and the Chief of Police. All of the rights of the accused officer under POBAR and existing law must still be observed. The City must then consider the findings of the outside investigator when deciding if those findings should thereafter be adopted. The City is free to conduct its own internal investigation into the allegations simultaneously with the outside investigation; and WHEREAS, this policy shall remain in effect for two years from the date of its adoption by the San Leandro City Council. At the end of the two year period, the policy will automatically expire. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: That said policy is hereby approved and shall be implemented, as described herein.