[Adopted 8-14-2001 by Ord. No. MC 3174 (Ch. 89, Art. III, of the 1981
Revised Code)]
[Amended 10-14-2015 by Ord. No. MC 3553]
The Civilian Complaint Review Board (hereinafter referred to
as the "CCRB") is hereby established as an independent agency with
the authority to receive, investigate, hear, make findings, and recommend
action upon complaints by any member or members of the public against
members of the Irvington Public Safety Department that allege misconduct
involving the use of excessive or unnecessary force, abuse of authority,
harassment, or the use of offensive language. The Board shall have
subpoena power.
As used in this article, the following terms shall have the
meanings indicated:
A deviation from the ordinary powers and/or authority bestowed
upon law enforcement personnel in the Department of Public Safety
by state statute and municipal ordinances. This includes an officer
acting in a manner which is beyond the scope of his authority as defined
in law.
[Amended 10-14-2015 by Ord. No. MC 3553]
Actions or words used to significantly or repetitively restrain
or restrict the freedom of movement of a person or to interrogate
a person, without reasonable suspicion that a crime, quasi-crime or
act of juvenile delinquency has been or is about to be committed by
that person or without reasonable suspicion that the person has knowledge
of the commission of any such crime, quasi-crime or act of juvenile
delinquency.
Use of profane or derogatory language, including racial,
ethnic or sexist slurs, which, if heard by a reasonable person under
the circumstances, would offend.
In a situation which calls for the use of force, greater
physical force than is reasonably necessary under the circumstances
to repel an attacker or terminate resistance.
Physical force used by law enforcement personnel in the Department
of Public Safety in a situation where the use of such force is not
justified under the circumstances.
[Amended 10-14-2015 by Ord. No. MC 3553]
The Municipal Council shall appoint four members of the Board.
One member shall be chosen by the Mayor and two from a random drawing
emanating from a pool of applicants desiring to sit as CCRB members.
The Municipal Council shall select two alternates. Each member shall
sit for a two-year term.
Any budget created for the CCRB shall be approved by the Municipal
Council. The Board shall have a secretary, who shall be paid a stipend,
and an attorney.
A.
All regular and alternate members shall be chosen by the respective
appointing authority based upon their known and consistent reputation
for integrity, impartiality and fair-mindedness. They shall be residents
of the Township and may be officers or employees of the Township.
B.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence, disqualification or vacancy
in office of a regular member. The appointing authority shall designate
the alternates as "No. 1" and "No. 2." In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
C.
The Director of Public Safety is authorized to submit applicant fingerprint
cards and receive state criminal history record information from the
Division of State Police, State Bureau of Identification, for use
in considering the suitability of all applicants covered under this
article.
[Amended 1-12-2016 by Ord. No. MC 3562]
Any person claiming to be aggrieved pursuant to any of the acts of conduct outlined in §§ 22-47 and 22-48 of this article shall sign a verified complaint either on his or her own or through their attorney and file same with the CCRB. The complaint must be in writing, shall set forth the name and/or badge number of the person alleged to have committed the acts complained of and must set forth in detail all facts which make up the content of the complaint.
After the receipt of such a complaint, the Board (CCRB) shall,
within a reasonable time, cause an investigation to take place regarding
such complaint.
[Amended 10-14-2015 by Ord. No. MC 3553]
Only upon a finding of probable cause, the CCRB shall refer
the complaint to the Internal Affairs Division of the Irvington Public
Safety Department and the Township Attorney for recommended action.
The Internal Affairs Division and/or the Township Attorney may, after
review and determination, take appropriate legal action against the
person or persons of whom such complaint was filed. If deemed warranted,
a referral by the CCRB may be made to the appropriate county, state
or federal law enforcement agency.
[Amended 10-14-2015 by Ord. No. MC 3553]
The CCRB's jurisdiction shall not become operative, or shall
terminate after it becomes operative, if, at any time the complainant
initiates a civil suit or criminal complaint against the law enforcement
personnel in the Department of Public Safety, alleging the same or
similar misconduct relating to the same transaction or occurrence.
