New Hampshire § 106-L-18 - Section 106-L:18 Responsibilities of the Committee.

§ 106-L-18. Section 106-L:18 Responsibilities of the Committee.

I. The committee shall review all valid complaints alleging misconduct and, if determined necessary, shall: (a) Cause or direct an investigation of the alleged misconduct to be conducted by the law enforcement agency that employs the subject officer; (b) Confirm that any investigation by a law enforcement agency was valid; (c) Review the record and findings of an investigation by a law enforcement agency and, if the investigation was not valid; (d) Authorize the staff attorney to direct the complaint to be investigated with assistance from investigators; (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 (f) Provide a recommended sanction upon a sustained finding of misconduct by the council. 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. III. The committee shall dismiss a complaint of misconduct when: (a) The complainant lacks standing; (b) The council lacks jurisdiction over the complaint; (c) The complaint is insufficient or there is insufficient cause to proceed; (d) The complaint alleges a minor agency policy violation that does not meet the definition of misconduct; or (e) The statute of limitations has expired under RSA 106-L:23.