RSA 106-L:18 · Responsibilities of the Committee

106-L:18 Responsibilities of the Committee. –

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I.

The committee shall review all valid complaints alleging misconduct and, if determined necessary, shall:

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(a)

Cause or direct an investigation of the alleged misconduct to be conducted by the law enforcement agency that employs the subject officer;

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(b)

Confirm that any investigation by a law enforcement agency was valid;

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(c)

Review the record and findings of an investigation by a law enforcement agency and, if the investigation was not valid;

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(d)

Authorize the staff attorney to direct the complaint to be investigated with assistance from investigators;

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(e)

After such investigation, direct the staff attorney to present a recommended finding to the council at a public hearing of the council on behalf of the committee; and

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(f)

Provide a recommended sanction upon a sustained finding of misconduct by the council.

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II.

Upon receipt of a valid complaint alleging that a law enforcement officer committed a criminal act or acts while acting as a law enforcement officer, the committee shall report its findings to the director immediately, who shall refer the complaint to the New Hampshire attorney general's office, public integrity unit for investigation.

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III.

The committee shall dismiss a complaint of misconduct when:

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(a)

The complainant lacks standing;

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(b)

The council lacks jurisdiction over the complaint;

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(c)

The complaint is insufficient or there is insufficient cause to proceed;

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(d)

The complaint alleges a minor agency policy violation that does not meet the definition of misconduct; or

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(e)

The statute of limitations has expired under RSA 106-L:23. Source. 2022, 312:10, eff. Jan. 1, 2023.

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