[Adopted 7-17-2000 by L.L. No. 2-2000; amended in its entirety 7-2-2018 by L.L. No. 5-2018]
A.
The Common Council hereby finds and declares that abuse of authority,
incivility, rudeness, prejudice or discrimination based upon race,
gender, color, national origin, economic status, religion, age, sexual
orientation, marital or domestic partner status, or mental or physical
ability has no place in the actions, customs, practices, policies
or procedures of the City of Albany Police Department.
B.
The Common Council further finds and declares that it is in the public
interest of the City of Albany to have an independent mechanism to
fairly review the conduct of law enforcement officials.
C.
The Common Council further finds and declares that the conduct of
law enforcement officials is subject to public, departmental and executive
scrutiny and accountability.
D.
The Common Council further finds and declares that an effective program
to improve the relationship between the community and the Albany Police
Department requires certain independent authority and power to review
the handling of complaints of police misconduct.
E.
The purpose of this Part 33 is to create an independent review body
with respect to complaints of misconduct by officers of the Albany
Police Department. The remedies created by this Part 33 are in addition
to any others provided by common law or statute. Its goals are to
improve communication between the Police Department and the community,
to increase police accountability and credibility with the public
and to create a complaint review process that is free from bias and
informed of actual police practices.
For purposes of this Part, the following words and phrases shall
have the meanings described in this section:
The City of Albany Police Department.
[Added 3-1-2021 by L.L.
No. 20-2021 (J-2020)[2]]
The Chief of Police of the Albany Police Department.
A statement concerning police conduct which is either submitted
to the Community Police Review Board for filing with the Albany Police
Department or filed directly with the Albany Police Department.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[3]]
The Community Police Review Board.[4]
A structured dispute resolution process in which a neutral
third party assists the disputants by facilitating a nonbinding intervention.
Any sworn police officer of the City of Albany Police Department
affected by an individual's complaint.
The Professional Standards Unit of the City of Albany Police
Department.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
[2]
Editor's Note: This local law passed at referendum 11-2-2021.
[3]
Editor's Note: This local law passed at referendum 11-2-2021.
[4]
Editor's Note: The former definition of "Government Law Center,"
which immediately followed this definition, was repealed 3-1-2021 by L.L. No. 20-2021
(J-2020), which local law passed at referendum 11-2-2021. Section 2 of said local law also provided that until such time as an administrative agency is retained in accordance with this Article XLIV, the Government Law Center shall continue to serve in such capacity, and any contractual agreements shall be adjusted accordingly.
[5]
Editor's Note: This local law passed at referendum 11-2-2021.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
A.
There is hereby established a Community Police Review Board (CPRB)
comprised of nine members, five of whom shall be appointed by the
Common Council and four of whom shall be appointed by the Mayor.
B.
Members shall be appointed for three-year terms; provided, however,
that:
(1)
Of members initially appointed by the Common Council: one shall be
for a term of one year; two shall be for a term of two years; and
two shall be for a term of three years.
(2)
Of members initially appointed by the Mayor: one shall be for a term
of one year; one shall be for a term of two years; and two shall be
for a term of three years.
C.
No member of the CPRB shall serve for a period which exceeds two
full consecutive terms; provided, however, that a member may be considered
for reappointment to the CPRB after one year of nonmembership; and
provided, further, that an appointment to fill a vacancy in an unexpired
term shall not apply to the limitations in terms of service otherwise
applicable under this subsection.
[Amended 12-4-2023 by L.L. No. 1-2024 (J-2023)]
D.
Members shall continue to serve on the CPRB until their successors
have been appointed.
E.
Annually, the members of the CPRB shall elect from their membership
a member to serve as Chair.
F.
Upon submission to the Common Council, the annual proposed City of
Albany operating budget shall include a separate appropriation to
fund CPRB operations in an amount which is not less than 1% of the
total proposed budget of the Albany Police Department.[2]
[2]
Editor's Note: Section 3 of L.L. No. 20-2021 (J-2020) provided
that this subsection shall take effect 1-1-2022, and further provided
that the provisions of this subsection shall be applicable to the
City of Albany operating budget for fiscal year 2022, and further
provided that the CPRB, in cooperation with the Administrative Agency,
may take such actions as necessary prior to any effective date to
ensure the timely implementation of the provisions herein.
G.
The Corporation Counsel shall advise and represent the Board as it
would other public boards in accordance with applicable state and
local law(s). Additionally, the CPRB may seek and retain separate
legal counsel, whether on staff or contract, for any purpose otherwise
authorized under this Part 33 in addition to utilization of the services
of the Corporation Counsel at the CPRB's discretion.
H.
The CPRB shall annually adopt an operating budget within amounts
available which, upon adoption, shall be transmitted to the Mayor
and members of the Common Council. All contracts for outside services
(legal or other) shall be procured in accordance with applicable procurement
requirements.[3]
[3]
Editor's Note: Section 3 of L.L. No. 20-2021 (J-2020) provided
that this subsection shall take effect 1-1-2022, and further provided
that the CPRB, in cooperation with the Administrative Agency, may
take such actions as necessary prior to any effective date to ensure
the timely implementation of the provisions herein.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
CPRB members may be removed at any time for
cause by a two-thirds vote of the Common Council. Any vacancy occasioned
by resignation, death or removal of a member shall be filled within
60 days in the same manner as the predecessor to fill the unexpired
term.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
A.
Members
of the CPRB shall reside in the City of Albany and possess a reputation
for fairness, integrity and responsibility and have demonstrated an
active interest in public affairs and service.
B.
The Common
Council and the Mayor shall endeavor to reflect community diversity
in their appointments, including income level, race, ethnicity, age,
gender, sexual orientation and experience, and shall, in their appointments,
solicit recommendations from the community. Officers (as defined in
the City of Albany Charter), current employees of the City of Albany
and the immediate relatives of officers and employees shall not be
eligible for appointment.
C.
Members of the CPRB and their immediate family shall not be former
employees of APD.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
Five members of the CPRB shall constitute a
quorum. Five votes shall be required for any action.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
The CPRB, with the advice and assistance of
the Administrative Agency, shall adopt, and the Common Council shall
approve, rules and bylaws for the transaction of CPRB affairs, including
the manner of calling and giving notice of special meetings and the
appointment and duties of any special committees.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
The Administrative Agency shall coordinate and conduct training
and orientation of CPRB members and recommend for adoption by the
Common Council written standards for orientation of appointees and
continuing training of all CPRB members. Completion of the orientation
program concerning the goals, powers and procedures of the CPRB is
required before a member may participate as a voting member. In addition,
graduation from the Albany Police Department's Community Police Academy
(the curriculum of which shall include training in the laws applicable
to public record concerns, internal affairs investigations, confidentiality
issues and liability statutes; training in police procedures; participation
in ride-alongs; defensive tactics training; firearms familiarization;
and emergency vehicle operations) within six months of the start of
the member's term is required. Further, the Administrative Agency
shall provide to CPRB members, and the members shall undergo, continuing
education on issues related to the interaction between civilians and
police officers from the perspectives of both the complainant and
the police officer and shall additionally include a review and update
of relevant federal and state statutory amendments and case law. Further,
at least one member of the CPRB shall be designated to become a member
of the National Association of Civilian Oversight of Law Enforcement,
and at least one member shall attend its annual conference.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
A.
The CPRB may make recommendations to the Common Council and the Mayor
regarding police policies and practices relevant to the goals of community
policing and the exercise of discretionary authority by police officers.
B.
The Administrative Agency, on behalf of the CPRB, shall file quarterly
and annual reports with the Common Council and the Mayor which contain
statistics and summaries of complaints, including a comparison of
the CPRB's findings with the final determinations of the Department.
The Administrative Agency shall contract with one or more local colleges,
universities or research institutions to conduct surveys of complainants
concerning the level of their satisfaction with the process and to
conduct surveys of the community to get feedback concerning the CPRB
and the Police Department. The results of those surveys shall be reported
to the CPRB, the Chief and the Common Council. In addition, the Administrative
Agency shall collect data concerning alleged offenses and offenders
and report this data to the Chief. The Chief shall analyze and use
the data concerning repeat alleged offenses and offenders to implement
an "early warning system" to track repeat alleged offenses and offenders
reported to CPRB and the Police Department.
C.
The Chief shall issue a quarterly report to the CPRB on disciplinary
investigations and action taken within the Department and resolutions
thereof. Such reports shall include both individualized information
about specific cases and aggregate information. Additionally, the
CPRB is authorized to request a report from the Chief on whether disciplinary
action was taken in any specific case.
D.
The CPRB may perform, or cause to be performed, an audit to assess
the investigation and adjudication of civilian complaints.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
CPRB members shall:
A.
Maintain absolute confidentiality with respect to
confidential or privileged information they receive and maintain a
thorough knowledge of the legal protection accorded to police records,
including the penalties imposed for violations.
B.
Obey all laws respecting individuals' rights of privacy
and confidentiality of records.
D.
Excuse themselves from participating in the review
of any complaint in which they have a personal, professional or financial
conflict of interest.
E.
Conduct themselves at all times in a manner that will
maintain public confidence in the fairness, impartiality and integrity
of the CPRB and refrain from making any prejudicial comments with
respect to the CPRB, complainants or police officers.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
A.
Complaints may be received directly by the CPRB, or upon referral
from OPS, the Mayor, the Common Council, any Council Member, the City
Clerk, or the Chief. Any complaint received and accepted by the CPRB
shall be transmitted to OPS, and any complaint received and accepted
by OPS shall be transmitted to the CPRB. Complaints shall be filed
within 180 days of the date of the incident giving rise to the complaint.
B.
The CPRB shall receive complaints by telephone, in person, by mail,
email or web form. Complaints shall be received and considered, whether
submitted under signature or anonymous. Efforts to simplify the procedure
shall be made to encourage filing. Professional standards of confidentiality
with regard to the written release of information and informed consent
shall apply to all complaints filed. With respect to the confidentiality
of all interested parties, the CPRB shall comply with all local, state,
and federal laws.
C.
Before proceeding with the complaint process, the CPRB shall make
the complainant aware of and provide a referral to organizations that
advocate for people who have experienced police misconduct and can
explain the process of the CPRB and other options that exist beyond
the CPRB's jurisdiction.
D.
The CPRB shall have full access to information about any officer
involved in the events that are the subject of a complaint, including
information about prior complaints involving that officer and any
action taken in response to those complaints. It shall be within the
discretion of the CPRB whether to discuss in a public meeting, or
include in the CPRB's findings, or otherwise make public, such information
that is not otherwise subject to confidentiality standards.
E.
When a complaint is filed, and OPS is in the possession of any audio
or video footage pertaining to the incident (including, but not limited
to, body camera footage and dashboard camera footage), OPS shall make
such footage available for any members of the CPRB upon request. If
OPS fails to make the footage available within 14 days of the request,
it shall forward a notice to the CPRB and the Common Council explaining
the delay. Upon request of the CPRB, the Common Council may, after
consideration, direct the release of such footage to the CPRB notwithstanding
the requested delay. It shall be within the discretion of the CPRB
whether to discuss in a public meeting, or include in the CPRB's findings,
or otherwise make public, such information.
[1]
Editor's Note: This local law passed at referendum 11-2-2201.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
A.
The CPRB shall have the power to conduct independent investigations
as it deems warranted, even in the absence of a complaint being filed
with either OPS or CPRB; the power to issue subpoenas to compel testimony
and the production of evidence, and the power to discipline officers
if a complaint of misconduct is sustained subject to due process procedures
and findings.
B.
The CPRB shall establish a disciplinary matrix in conjunction with
the Chief. Such matrix shall include clearly delineated penalty levels
with ranges of sanctions which progressively increase based on the
gravity of the misconduct and the number of prior sustained complaints.
The CPRB, in consultation with the Chief, shall review the disciplinary
matrix annually, and consider any recommended changes. The CPRB shall
also seek input from the public while establishing and reviewing disciplinary
matrices. The Chief shall decide the final version of the disciplinary
matrix to be used after public input facilitated with the CPRB.
C.
The CPRB shall periodically review and assess APD policies, procedures,
patterns, practices and training and may recommend changes to the
APD. Written acknowledgment of receipt of recommendations will be
sent to the Chair of CPRB from the Chief within 60 days with a detailed
listing of what items are and are not being implemented.
D.
The CPRB and the Chief shall establish a cooperative relationship
to ensure the orderly and efficient flow of information.
E.
Accessibility.
(1)
The CPRB shall provide or arrange language access for limited- or
non-English-proficient complainants and witnesses at all stages of
the investigative and adjudicative process. Language access shall
be available during all operating hours of the CPRB.
(2)
The CPRB shall provide reasonable accommodations in accordance with
federal, state and local law to individuals with disabilities at all
stages of the investigative and adjudicative process. Such accommodations
shall be available during all operating hours of the CPRB and shall
include but not be limited to: accessible means of egress, accessible
means of communication via auxiliary aids or services giving primary
consideration to preferences of the individual deserving such services,
and access to ASL interpreters.
F.
Investigation of complaints.
(1)
The CPRB may interview complainants, witnesses and APD officers,
and gather relevant evidence. OPS shall provide the CPRB with written
notice of the commencement of any investigation, and likewise, the
CPRB shall provide the OPS with written notice of the commencement
of any investigation.
(2)
The CPRB shall have the power to investigate any and all conduct,
acts or omissions by any APD officer independent of any investigation
conducted by OPS.
(3)
Subpoenas may be issued by the CPRB at any time during the review
and adjudication processes. Such subpoenas may compel the attendance
of witnesses, APD officers, APD employees, and/or persons, and require
the production of records and other materials, including records of
the APD, other persons or other agencies. A copy of any subpoena served
upon an APD officer or employee shall also be delivered to the Chief.
CPRB subpoenas are enforceable pursuant to relevant provisions of
Article 23 of the New York Civil Practice Law and Rules.
(4)
Upon receipt of a complaint, within the time frame allotted in accordance
with any applicable police collective bargaining agreement, OPS shall
provide to the CPRB its entire investigative case file related to
the complaint. Thereafter, OPS shall send any newly acquired evidence
to the CPRB within five business days of the acquisition of the evidence.
If OPS makes any findings with respect to the complaint, they shall
send all such findings to the CPRB within five business days.
(5)
One police officer holding the rank of Captain or higher shall be
made available by the Chief to the CPRB at the CPRB's request to serve
as a consultant or advisor should questions arise from members of
the CPRB regarding specific police practices, policies, or general
orders. The officer so assigned shall be neither from OPS nor the
commanding officer of the officer(s) involved in the case being reviewed.
(6)
A complainant may, at any time, decline to have their complaint investigated
and reviewed by the CPRB. Such declination must be made in writing.
(7)
Statements made by complainants, APD officers or employees, or witnesses
are subject to the CPRB's determinations of weight and credibility.
Participation or lack of participation in the hearing process may
be considered by the CPRB as one factor in their determination of
credibility.
(8)
The Chief shall take no final action on a complaint, whether received
directly by the APD or by the CPRB, until receipt of the CPRB's findings
and decision, or notice that the CPRB has determined no disciplinary
action is appropriate. Nonetheless, the Chief shall retain the authority
to suspend an APD officer during the investigation and adjudication
of a complaint against the APD officer, as well as the authority to
impose any additional discipline for an officer above and beyond that
recommended by the CPRB. Any documentary information that the Chief
discusses in public or with the media must be made available to the
CPRB.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
A.
The CPRB, after review and deliberation of an investigation,
shall, by majority vote, make one of the following findings on the
case:
(1)
Sustained: where the review discloses sufficient facts
to prove the allegations made in the complaint.
(2)
Not Sustained: where the review fails to disclose
sufficient facts to prove or disprove the allegation made in the complaint.
(3)
Exonerated: where the acts which provide the basis
for the complaint occurred, but the review shows that such acts were
proper.
(4)
Unfounded: where the review shows that the act or
acts complained of did not occur or were misconstrued.
(5)
Ineffective Policy or Training: where the matter does
not involve guilt or lack thereof, but rather ineffective departmental
policy or training to address the situation.
(6)
No Finding: where, for example, the complainant failed
to produce information to further the investigation; or where the
investigation revealed that another agency was responsible and the
complaint or complainant has been referred to that agency; or where
the complainant withdrew the complaint; or where the complainant is
unavailable to clarify the complaint.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
B.
If the CPRB fails to render a finding referenced above
within 60 days of its receipt of the preliminary report of the Department's
findings, the complaint file shall be returned to the Chief for disposition
of the matter, unless the CPRB shall advise the Chief, the complainant
and the affected officer in writing of the reason for the delay in
rendering its finding. In such case, the CPRB shall provide the Chief,
the complainant and the affected officer with monthly updates on the
status of the complaint. In any event, if the CPRB fails to render
a finding referenced above within 120 days of its receipt of the preliminary
report of the Department's findings, the complaint file shall be returned
to the Chief for disposition of the matter.
At the conclusion of its review, the CPRB shall
make its finding known to the Chief, the affected officer and the
complainant within 30 days. The Chief of Police shall review the Department's
preliminary report in light of the CPRB's finding and then make the
Department's final determination known to the CPRB, the affected officer
and the complainant. In the event that the Department's final determination
is inconsistent with the CPRB's finding, the CPRB may request that
the Chief provide a written explanation of the Department's final
determination.
B.
Mediation shall be conducted at no cost to the complainant or officer
by highly trained and experienced mediators selected from a list compiled
by the Administrative Agency and approved by the Common Council and
the Mayor. The Administrative Agency, the Common Council and the Mayor
shall endeavor to reflect community diversity in this list of mediators.
The Administrative Agency shall develop an appropriate training curriculum
which each mediator shall be required to complete. Each mediator shall
be a graduate of the Albany Police Department's Community Police Academy.
In addition, the Administrative Agency shall provide to the mediators,
and the mediators shall undergo, continuing education on issues related
to the interaction between civilians and police officers from the
perspectives of both the complainant and the police officer.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[2]]
[2]
Editor's Note: This local law passed at referendum 11-2-2021.
C.
Upon receipt of complaint, unless the case involves an allegation
of excessive force, an alleged violation of civil rights or an allegation
of criminal conduct against an officer, or the complaint is a result
of an incident that involves an arrest, or if there was an injury
to either party, or if there was property damage by an officer, the
complaint will be considered appropriate for mediation.
D.
An eligible complaint shall be reviewed for potential recommendation
for mediation by the Board and by the Chief or his designee. Five
members of the Board will be contacted by the Administrative Agency
and a decision made as to appropriateness for mediation by a majority
of those five members. A decision regarding mediation shall be made
within two business days by both the Board and the Chief. If either
the Board or the Chief finds a complaint inappropriate for mediation,
then the matter shall be referred to OPS for investigation consistent
with this article.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[3]]
[3]
Editor's Note: This local law passed at referendum 11-2-2021.
E.
If the Board and the Chief recommend a complaint for mediation, both
the complainant and the officer will have the option of electing to
continue with the mediation process. If either party declines mediation,
then the matter shall be referred to OPS for investigation consistent
with this article.
F.
If the parties agree to mediate, then the complaint will not be investigated
by the Police Department regardless of the outcome of the mediation.
G.
If the parties agree to mediate, the process shall follow the mediation
protocols adopted by the Board.
H.
Every reasonable effort shall be made to schedule mediation during
an officer's normal working hours.
I.
Mediators shall conduct mediation sessions with officers and complainants
at times and places agreed upon by the parties.
J.
In conducting the mediation, the mediators may not impose an outcome
on the parties.
K.
Mediation sessions shall be closed to the public. Matters discussed
shall be confidential.
L.
Statements and records disclosed during mediation may not be disclosed
or introduced in evidence during any judicial or administrative proceeding,
and mediators may not be compelled by a subpoena to give testimony
or produce anything related to the mediation.
M.
Upon the completion of the mediation process, the CPRB shall issue
a finding of "Mediated," and the allegations shall be deleted from
the officer's CPRB history.
A.
The CPRB shall hold its first meeting within 30 days
after a quorum of its members has completed the orientation program.
At that meeting, the CPRB shall fix the time and place for its regularly
scheduled meetings.
C.
The Chief shall designate a representative from Professional
Standards to attend meetings of the CPRB and to provide information
and advice to the CPRB. The representative shall not be viewed as
a member of the CPRB.
D.
Officers and complainants may attend meetings of the
CPRB.
E.
The Administrative Agency shall provide all staff
services to the CPRB, including the maintenance of CPRB files and
records. Furthermore, the Administrative Agency shall be responsible
for the preparation of CPRB reports and review findings and recommendations
referenced in this Part.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[2]]
[2]
Editor's Note: This local law passed at referendum 11-2-2021.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
Upon the written recommendation of the Corporation
Counsel, the Common Council and the Mayor concurrently may suspend
the CPRB review of any complaint where a separate criminal investigation
is underway or where a civil action against the City is underway or
pending. Upon the conclusion of such separate proceedings, the CPRB
may resume or undertake its review.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-343 of this Part concerning an incident or police practice subject to a complaint.
[Amended 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
The CPRB, with the assistance of the Administrative
Agency, shall inform the public about the CPRB and its duties. It
shall develop and administer an ongoing program for the education
of the public as to the mission and purposes of the CPRB process and
the law established by this Part, which shall include the use of informational
pamphlets and seminars.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
[Added 3-1-2021 by L.L. No. 20-2021 (J-2020)[1]]
In consultation with the CPRB and the Common Council, the Administrative Agency shall be retained pursuant to a request for qualifications (RFQ), periodically issued by the Corporation Counsel, to undertake the administrative functions of such agency as set forth in this Part 33. Such agency shall have the capacity to undertake legal and other research as necessary, development of administrative procedures, and statistical and report compilation in addition to such other functions set forth in this Part.
[1]
Editor's Note: This local law passed at referendum 11-2-2021.
The purposes of this Part favor resolution of
ambiguity toward the goal of promoting public documentation and openness
in the resolution of complaints of misconduct by police officers.
This Part shall be deemed to supersede and repeal any and all provisions
of local laws or local administrative orders which are inconsistent
or conflict with any provisions of this Part. No report, finding or
determination made pursuant to this Part shall in any way conflict
with or abridge the rights of complainants or officers guaranteed
by the United States Constitution, the New York State Constitution
or any federal or state law, rule, regulation or administrative order.
If any clause, sentence, paragraph, sections
or part of this Part shall be adjudged by any court of competent jurisdiction
to be invalid or otherwise unenforceable, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, sections or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
