[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
The Rochester City Council hereby
intends to establish a civilian-controlled process to fairly investigate
and make determinations respecting complaints of misconduct involving
sworn officers of the Rochester Police Department. The Police Accountability
Board shall be the mechanism to investigate such complaints of police
misconduct and to review and assess Rochester Police Department patterns,
practices, policies, and procedures. The Police Accountability Board
shall ensure public accountability and transparency over the powers
exercised by sworn officers of the Rochester Police Department. The
Police Accountability Board shall provide a nonexclusive alternative
to civil litigation.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
The following terms are defined,
for purposes of this article, as follows:
The Police Accountability Board Alliance, a group of community
organizations that nominate community members to be appointed by City
Council to the Police Accountability Board.
The Chief of Police of the Rochester Police Department.
The City of Rochester, New York.
A written or oral report regarding police misconduct made
by any individual or group of individuals.
The Rochester City Council.
Sequential days according to the calendar unless otherwise
specified as "business days."
A written, consistent, progressive, and transparent tool
or rubric to determine discipline for misconduct. The disciplinary
matrix shall determine a range of disciplinary action options for
misconduct. The Chief will be required to impose discipline utilizing
the disciplinary matrix based on the Board's findings and determination.
The highest-ranking staff hired by the Police Accountability
Board, with ultimate responsibility for making managerial decisions.
A parent, sibling, spouse or child of a person or any members
of a person's immediate household.
Any acts or omissions by an Officer of the Rochester Police
Department that are unlawful, contrary to Rochester Police Department
policy, or otherwise inappropriate.
The sworn officers of the RPD, including but not limited
to the Chief, deputies, captains, lieutenants, commanders, and all
other sworn law enforcement professionals.
Professional Standards Section, which is the internal affairs
department of the Rochester Police Department.
Rochester Police Department of the City of Rochester, New
York.
Disciplinary action for RPD Officer misconduct.
The Police Accountability Board; such Board is a public agency
within the meaning of New York Civil Rights Law § 50-a.
A plural term or pronoun that shall be construed to mean
the singular and vice versa where appropriate.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The Civilian Review Board, established by Rochester City Council Resolution 92-40 and expanded by Resolution 95-08, will be abolished after and only after the PAB is established and fully functional for 60 days. The PAB shall be deemed to be fully functional as soon as the first Executive Director assumes office and the Board has adopted rules and procedures in accordance with § 18-6.
B.
There is hereby established an independent
office of municipal government to be known as the "Police Accountability
Board." It shall be an autonomous office of the City separate from
the Rochester Police Department and other local, state, and federal
law enforcement agencies. The members of the Board, regardless of
the original appointee of each member, shall be appointed through
legislation approved by the City Council.
C.
The Board shall be independent of the RPD
and shall investigate and adjudicate complaints of misconduct against
RPD officers.
D.
As a condition of employment with the RPD, all officers, including but not limited to the Chief, shall fully cooperate with the Board and this article. In cases where officers do not cooperate, the Board shall send a recommendation to City Council to invoke its power under City Charter § 2-19 to remove the officer. This shall not in any way limit the Board's right to invoke other remedies, including judicial enforcement of the article.
E.
The Board shall have the power to conduct independent investigations as further outlined in § 18-5G below, the power to use subpoenas to compel testimony and the production of evidence, and the power to discipline RPD officers if a complaint of misconduct is sustained.
F.
Based on information and belief that an
investigation is warranted, the Board shall have the power to conduct
an investigation, even in the absence of a civilian complaint.
G.
The Board, in conjunction with the Chief
of the Rochester Police Department and Locust Club President, shall
establish a disciplinary matrix. The Board shall request input from
the Chief, the Community Justice Advisory Board, the Police Accountability
Board Alliance, and the President of the Rochester Police Locust Club
when developing the matrix.
H.
The RPD and the City shall provide to the
Board, as requested: access to all documents and evidence, including
but not limited to RPD personnel files, IA Pro database, all other
RPD databases, PSS investigative files, criminal and civil case files,
disciplinary hearing records, video and audio recordings from body
cameras or other sources, all RPD policies, procedures, and practices,
the General Manual, and any other documents that pertain to policies,
tactics, complaints, or charges against RPD officers and their subsequent
investigation and adjudication, or other sources of information deemed
appropriate by the Board.
I.
The Board shall have the power to investigate
any and all conduct, acts, or omissions by any RPD officer.
J.
The Board shall have the power to review
and recommend changes to RPD regarding RPD policies, procedures, patterns,
practices and training.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The Police Accountability Board shall consist
of nine members.
B.
Members of the Board shall serve terms of three years except for the initial Board, which shall serve staggered terms, pursuant to § 18-4J.
C.
Members of the Board shall be residents
of the City of Rochester for a minimum of 12 months at the time of
appointment to the Board.
D.
Members of the Board shall reflect the
City's diverse community, including, but not limited to: age, race,
creed, color, national origin, gender, gender identity or expression,
sexual orientation, disability, marital status and source of income.
E.
Members of the Board and their immediate
family shall not be currently or formerly employed by the RPD. At
the discretion of the nominating and appointing authorities, no more
than one member of the Board at a time may be a former law enforcement
employee with an agency other than the RPD or an immediate family
member of a person formerly employed in non-RPD law enforcement, provided
that such employment was three or more years prior to the member's
appointment.
F.
Board members shall not be current (or
within the immediately preceding three-year period) City elected officials
or immediate family of any incumbent elected official representing/serving
any district or municipality in the State of New York. No practicing
attorney or their immediate family who represents or has represented
a plaintiff or defendant in a police misconduct lawsuit initiated
against the RPD, the Chief or the Rochester Police Locust Club shall
be a member of the Board. Board members may not represent a complainant
or an RPD officer at Board hearings.
G.
The provisions of Article 2, § 5,
and Article 3, § 30, of the Public Officers Law of the State
of New York, regarding vacancies, shall apply to all members of the
Board.
H.
Appointments to the initial Board shall
be made within 60 days from the effective date of this local law as
follows:
1)
The Mayor shall appoint one member.
2)
Council shall appoint four members; one
appointee from each of the four Council Districts: East District,
Northeast District, Northwest District, and South District.
3)
The Alliance shall nominate 12 individuals,
three for each of four Board seats, within 30 days from the effective
date of this local law, from which Council shall confirm and appoint
one such individual for each of the four member seats at Council's
discretion. If all three nominees for any one member seat are rejected
by Council, then the Alliance will nominate replacements within 15
days until all four members are confirmed. If necessary this process
will repeat until Council has deemed a candidate qualified and capable
of serving the Board.
All appointments will be approved
through legislation passed by a majority of Council.
I.
Police Accountability Board Alliance nomination
process. The initial Alliance shall include no more than two representatives
from each organization listed in Appendix A.[1] The process used by the Alliance to make initial Board
appointments shall be as follows:
1)
The first Alliance Executive Committee
shall consist of five individuals selected by the Alliance.
2)
The Executive Committee will call for applications
for nominees to fill four positions on the Board;
3)
Each organization represented in the Alliance,
as well as City residents, may submit applications to nominate individuals;
4)
The Executive Committee shall screen nominee
submissions and narrow the field to finalists, then call a meeting
of the Alliance to seek input regarding the qualifications of the
finalists;
5)
The Executive Committee shall determine
the final 12 names for the four nominees and submit them to Council
for confirmation and appointment;
6)
Should Council reject a nominee, a written
rejection will be submitted to the Alliance and the Alliance will
resume the nominating process to select a replacement;
7)
The final list of community appointments
shall not be published until all four nominees are confirmed by Council
for the initial Board;
8)
Future Board appointments to fill term-ended
and mid-term vacancies shall follow a process determined by Board
bylaws based on the initial selection process.
J.
Terms.
1)
The first term of the initial Board commences
when all nine Board members are appointed and ends on the following
June 30.
2)
Except for the initial Board, members shall
serve staggered three-year terms and may be reappointed for another
three-year term, for a total of six years, after which the member
shall not be reappointed for at least three years.
3)
Except for the initial Board, each term
shall commence on July 1 and end on June 30. If a person is appointed
to complete the unexpired term of a former Board member, they shall
complete the term. The members shall be appointed for terms of three
years, except the first nine members appointed. Of the first nine
members appointed:
a)
Three members shall be appointed for terms
of one year, of whom one shall have been designated by Council, and
two shall have been designated by the Alliance;
b)
Three members shall be appointed for terms
of two years, of whom two shall have been designated by the Council,
and one shall have been designated by the Alliance;
c)
Three members shall be appointed for terms
of three years, of whom one shall have been designated by the Mayor,
one shall have been designated by the Alliance, and one shall have
been designated by Council.
K.
Vacancies. After the initial nine-member
Board has been established, when any member vacates the Board, the
Board shall notify the Mayor, Council, and the Alliance. The vacant
position shall be filled in the same manner by which it was initially
filled, within 60 days of the vacancy.
L.
Removal.
1)
A Board member seeking public office shall
resign their seat at the time they announce their candidacy or file
their petitions, whichever happens first.
2)
A Board member who no longer resides in
the City shall resign immediately.
3)
By a majority vote, the Board may request
that Council remove a Board member for good cause.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The Board shall have the power to conduct independent investigations as further outlined in § 18-5G below, the power to use subpoenas to compel testimony and the production of evidence, and the power to discipline RPD officers if a complaint of misconduct is sustained.
B.
The Board shall establish a disciplinary
matrix in conjunction with the Chief of the Rochester Police Department
and Locust Club President. The Board shall request input from the
Chief, the Alliance and the President of the Rochester Police Locust
Club with respect to the disciplinary matrix. The disciplinary 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 Board, in consultation
with the Chief and the President of the Rochester Police Locust Club,
shall review the disciplinary matrix annually, and consider any recommended
changes. The Board shall decide the final version of the disciplinary
matrix to be used.
C.
The Board shall review and assess RPD policies,
procedures, patterns, practices and training and recommend changes
to the RPD. Written acknowledgment of receipt of recommendations will
be sent to the Executive Director from the Chief of Police within
60 days with a detailed listing of what items are and are not being
implemented.
D.
The Board and the Chief shall establish
a cooperative relationship to ensure the orderly and efficient flow
of information.
E.
Accessibility.
1)
The Board shall provide 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 Board.
2)
The Board shall provide reasonable accommodations
in accordance with the 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 Board 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.
Initiation of complaints.
1)
Complaints may be received directly by
the Board, or upon referral from PSS, the Mayor, the Council, any
Councilmember, or the Chief. Any complaint received and accepted by
the Board shall be transmitted to PSS, and any complaint received
and accepted by PSS shall be transmitted to the Board.
2)
The Board 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 will apply to all complaints filed.
With respect to the confidentiality of all interested parties, the
Board shall comply with all local, state, and federal law, including
Civil Rights Law § 50-a.
3)
Before proceeding with the complaint process,
the complainant shall be made aware of and referred to organizations
that advocate for people who have experienced police misconduct and
can explain the process of the Board and other options that exist
beyond the jurisdiction of the Board.
G.
Board investigation of complaints.
1)
A City employee assigned to the Police
Accountability Board shall interview complainants, witnesses and RPD
officers, and gather relevant evidence. PSS shall provide the Board
with written notice of the commencement of any investigation, and
likewise, the Board shall provide PSS with written notice of the commencement
of any investigation.
2)
The Board shall have the power to investigate
any and all conduct, acts or omissions by any RPD officer independent
of any investigation conducted by PSS.
3)
Subpoenas may be issued upon the affirmative vote of a majority of the Board at any time during the review and adjudication processes. Such subpoenas may compel the attendance of witnesses, RPD officers, RPD employees, and/or persons, and require the production of records and other materials, including records of the RPD, other persons or other agencies. A copy of any subpoena served upon an RPD officer or employee shall also be delivered to the Chief. Board subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. The Chief will use the authority granted by Article VIIIA, § 8A-1, of the City Charter to promulgate new rules or utilize existing rules regarding discipline and administration of RPD officers to ensure compliance with Board procedure and applicable law. RPD officers and employees shall be notified of their rights against self-incrimination under Garrity v. New Jersey, 385 U.S. 493 (1967), before any testimony is taken from them.
4)
Upon receipt of a complaint, within the
time frame allotted in accordance with the police bargaining agreement,
PSS shall provide to the Board its entire investigative case file
related to the complaint. Thereafter, PSS shall send any newly acquired
evidence to the Board within five business days of the acquisition
of the evidence. If PSS makes any findings with respect to the complaint,
they shall send all such findings to the Board within five business
days.
5)
One police officer holding the rank of
Captain or higher shall be made available by the Chief to the Board
at the Board's request to serve as a consultant or advisor should
questions arise from members of the Board regarding specific police
practices, policies, or general orders. The officer so assigned shall
be neither from PSS 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 Board. Such
declination must be made in writing by the complainant, and shall
be forwarded to the Chief by the Board.
7)
Statements made by complainants, RPD officers
or employees, or witnesses are subject to the panel's determinations
of weight and credibility. Participation or lack of participation
in the hearing process may be considered by the Board as one factor
in their determination of credibility.
8)
The Chief shall take no action on a complaint,
whether received directly by the RPD or by the Board, until receipt
of the Board findings and decision, or notice that the Board has determined
no disciplinary action is appropriate. Nonetheless, the Chief shall
retain the authority to suspend an RPD officer during the investigation
and adjudication of a complaint against the RPD officer.
H.
Reasonable cause determination.
1)
Upon completion of the review of the material
from the PSS investigation and/or the Board investigation, the Executive
Director shall present a report and recommendation to Board members
as to whether there is reasonable cause to proceed to a Board hearing
on the allegations of misconduct in a complaint.
2)
Upon review of the report and recommendations
from the Executive Director, the Board members may either affirm or
reverse the recommendation as to whether or not there is reasonable
cause to proceed to a hearing. If there is reasonable cause to proceed,
the Board shall direct the Executive Director to schedule a hearing
and notify the complainant and the Chief. If there is not reasonable
cause, the Executive Director shall notify the complainant and the
Chief of this determination.
I.
Hearing process.
1)
As described in § 18-6A(3), the Board Chairperson shall establish a rotation of Board members to serve on hearing panels composed of three members. Each panel shall include one Alliance-appointed member, but shall not include more than two Alliance-appointed members. Each panel shall select its own Chairperson on a case-by-case basis.
3)
Upon a majority vote of the Board membership
in a duly published open meeting, the Board may determine to go into
executive session so that the panel may conduct its hearing.
4)
Panel hearings shall be recorded and transcribed
by the Board. No other recordings or transcriptions are permitted.
5)
Decisions made by the hearing panel will
be documented in a Notice of Panel Decision delineating the findings
of fact, and reasoning of the panel. If a panel member dissents from
the majority's decision, the dissenter shall provide a written delineation
of their findings of fact and reasoning.
6)
Notice of Panel Decisions shall be provided
to all parties with any confidential information redacted, pursuant
to all local, state, and federal law.
7)
Both complainants and RPD officers subject
to a hearing shall have the right to obtain counsel or other representation
and call witnesses on their own behalf. All due process rights delineated
in NYS Civil Service Law § 75 shall apply.
8)
Complainants and RPD officers subject to
hearings may be questioned by the panel at the panel's discretion;
relevant evidence pertaining to the case before the panel may also
be entered into the hearing.
9)
Statements made by complainants, RPD employees,
officers, or witnesses are subject to the panel's determination of
weight and credibility. Participation or lack of participation in
the hearing process may be considered by the Board as one factor in
their determination of credibility.
10)
Decisions of the panel shall be made by a majority vote pursuant to the substantial evidence standard of proof. Deliberations of the panel shall be confidential and confined to the panel members assigned to that particular hearing, and their legal advisor(s). The decision shall include: (i) findings of fact, (ii) a determination as to whether there is substantial evidence of misconduct, and (iii) the disciplinary action in reference to the RPD officer(s) pursuant to the disciplinary matrix described in § 18-5B.
a)
If the panel finds that the RPD officer(s)
may have engaged in criminal conduct, it shall refer the matter to
the Monroe County District Attorney's Office or the New York State
Attorney General's Office and request that their office initiate an
investigation.
b)
The Board shall notify the complainant
and the Chief, in writing, within five business days of the panel's
findings and decision. It shall be the responsibility of the Chief
to notify the RPD officer(s) who were the subject(s) of the panel's
findings and decision.
c)
If a Notice of Panel Decision contains
a dissenting opinion, the complainant may appeal to the Board for
review of the panel's findings. The complainant's appeal requesting
Board review must be in writing and received by the Board no more
than 30 days after the Notice of Panel Decision was sent to the complainant.
To adjudicate the appeal, all Board members shall review all evidence
in the record, including the hearing transcript, and shall determine,
by majority vote, whether the majority opinion in the Notice of Panel
Decision shall be:
(i)
Reversed, if the Board decides that
the decision of the panel was wrong, the Board vacates (cancels) the
decision of the panel; or
(ii)
Modified, if the Board changes part
of the panel's decisions, e.g., the Board decides that the appropriate
sanction shall be termination rather than suspension; or
(iii)
Affirmed, if the Board
decides that the panel made the right decision; the panel decision
remains in effect.
d)
If there is an appeal by the complainant, the Board shall provide a written Notice of Board Decision to the complainant and the Chief. The Notice of Board Decision shall include: (i) findings of fact, (ii) a determination as to whether there is substantial evidence of misconduct, and (iii) the disciplinary action in reference to the RPD officer(s) pursuant to the disciplinary matrix described in § 18-5B.
e)
RPD officers shall have the right
to appeal pursuant to § 76 of NYS Civil Service Law.
f)
Panel decisions may include disciplinary
sanctions, including but not limited to counseling, reprimand, retraining,
suspension, demotion, or dismissal.
11)
The panel shall report its findings and
decisions to the Board at its next scheduled meeting.
12)
The actions of the Board shall not preclude
action by the criminal or civil justice system.
13)
Responses from the Chief of Police. Within
30 days of the receipt of a Notice of Panel Decision or Notice of
Board Decision, the Chief shall provide the Board with a written explanation
of the exact discipline imposed in accordance with the matrix.
J.
Discipline.
2)
This article shall not limit the Chief's
ability to impose any additional discipline for an RPD officer above
and beyond that recommended by the Board.
3)
The Board shall notify the complainant
and the Chief, in writing, within five business days of the Board's
final decision of discipline.
4)
The Board's determination of discipline
shall be binding on the Chief, who shall impose the discipline determined
by the Board in accordance with the matrix within five days of receipt
of the Board's decision. The Chief will provide the Board with a written
explanation of the exact discipline imposed in accordance with the
matrix within 30 days.
K.
Policy assessment.
1)
At least annually, the Board shall review
and assess RPD policies, procedures, patterns and practices and recommend
changes with input from the community.
2)
The Board shall send its policy recommendations
to the Chief, the Mayor, and City Council. The Board shall publish
its policy recommendations on the Board website.
3)
The Board's recommendations may address,
but are not limited to: conduct and policies exhibiting bias against
individuals based on race, gender, sexual orientation, perceived sexual
orientation, gender identity, disability and perceived disability;
use of force both lethal and nonlethal; de-escalation policies; vehicle
and foot pursuits; use of canines; failure to acknowledge and/or accommodate
the needs of people with disabilities, including but not limited to
physical disabilities, intellectual and developmental disabilities,
psychiatric disabilities, traumatic brain injuries; and human rights
issues.
4)
Within 30 days of receiving the recommendations,
the Chief shall provide the Board, the Mayor, and Council with a written
explanation of why the Chief agrees or disagrees with the policy recommendations.
5)
If the Chief agrees with the policy recommendations,
then the Chief shall provide a timeline to the Board indicating implementation
of each recommendation.
6)
The Board shall publish on its website
whether or not the policy recommendations have been implemented.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
At the initial Board's first meeting, the
Board shall elect a Chairperson and Vice Chairperson, by majority
vote. Subsequently, the Board shall elect a Chairperson and Vice Chairperson
by majority vote, at the first meeting after July 1 of each year.
Each Chairperson and Vice Chairperson shall serve until the June 30
following their election. No Board member shall serve as Chairperson
or Vice Chairperson for more than three consecutive years. The initial
Board shall convene a search committee for an Executive Director and
a committee to establish rules of procedure not provided for herein.
The search for a new Executive Director shall take place in the first
year and whenever there is a vacancy. The Chairperson will also be
responsible to:
B.
A quorum of five Board members must be
present to conduct Board business, regardless of vacancies. No business
shall be transacted by the Board without a quorum being present. Board
action shall be decided by a simple majority of Board members present.
C.
Police Accountability Board Executive Director.
1)
The PAB shall conduct a search process
to hire a full-time Police Accountability Board Executive Director
in accordance with the City of Rochester hiring practices. The Executive
Director is subject to a Council confirmation. The Executive Director
will report to the Board and shall serve at the discretion of the
Board.
2)
The Executive Director shall be a resident
of the City within 12 months of hiring and shall remain a City resident
for the duration of their tenure.
3)
The Executive Director shall not be currently
or formerly employed by the RPD or any other local, state, or federal
law enforcement agency, nor shall any of their immediate family be
employed by the RPD. Neither shall the Executive Director be a member
of the immediate family of any incumbent elected official of the City,
or have litigation pending against the City involving a claim of police
misconduct, or be a member of the immediate family of a person, or
be an attorney representing a person with such pending litigation.
4)
The Council, through the annual budgetary process as set forth in Article VI of the City Charter, as amended, shall provide for the compensation and benefits of the Executive Director.
5)
The Board shall conduct an annual review
of the performance of the Executive Director and may remove the Executive
Director for good cause.
6)
The Board shall be responsible, through
the Executive Director and staff, for the daily administrative work
of the Board.
7)
The Executive Director shall be responsible
for hiring and supervising staff in accordance with the City Charter
and the Municipal Code. All such persons and their immediate family
shall be free of any conflict of interest, including but not limited
to current or former employment with the RPD or any other local, state,
or federal law enforcement agency.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
Board and Executive Director training.
The Board and staff shall seek and participate in a broad range of
training annually. Training resources will be selected by the Board
and may include individuals and organizations such as law enforcement
entities, attorneys, and any national, state, or local resources with
expertise and experience in civilian complaints, investigation, police
policies, auditing/monitoring, and other appropriate skills and knowledge.
The Board and staff orientation and ongoing training shall include,
but not be limited to, the following:
1)
All relevant local, state, and federal
law;
2)
Implicit bias and antiracism;
3)
Gender identity and sexuality;
4)
Disability rights, including but not limited
to physical disabilities, intellectual and developmental disabilities,
psychiatric disabilities and traumatic brain injuries;
5)
Classism, poverty and homelessness;
6)
Trauma-informed policing and crisis intervention,
including RPD officer well-being;
7)
Patterns, practices, policies, and procedures
of the RPD;
8)
Police Accountability Board Local Law;
9)
Civilian oversight history, models, trends,
theories, standards and best practices;
10)
How to conduct independent and objective
civilian complaint investigations, e.g., interviewing, collection
and preservation of evidence;
11)
Community outreach to inform how the Board
functions and serves the community and public reporting;
12)
Discipline and remediation, education-based
discipline, early warning systems, processes of arbitration/grievance;
13)
RPD ride-alongs;
14)
Access to RPD training; and
15)
Access to RPD manuals.
B.
Community outreach.
1)
The Board shall conduct outreach to community
members, groups, and nonprofit organizations. The Board shall provide
language access for limited- and non-English-proficient individuals.
The Board shall provide reasonable accommodations in accordance with
the federal, state and local law to individuals with disabilities.
2)
Complaint forms and instructions shall
be made available by RPD officers and employees and at the Board office,
at Board meetings, libraries, recreation centers, PSS office, police
stations, Public Safety Building, courts, and all other government
buildings, and on the City, RPD, and Board websites.
3)
In addition to regular monthly business
meetings that include review of complaints, the Board shall hold public
meetings in each City district a minimum of at least once annually,
to invite public input or comment, and to provide information education
about the Board process and its work.
4)
The Board shall, through a standing Board
committee, be dedicated to youth and community engagement, establish
and pursue ways to interact with and solicit input from youth, present
educational programs designed to promote public awareness of the Board
process, give the public information about their rights and responsibilities
regarding encounters with law enforcement employees, and publicize
the procedure for filing a complaint with the Board.
5)
The City shall provide the Board with a
website on which the Board shall post information, including but not
limited to: educational materials, links, videos, reports, and forms
related to the operation of the Board and its mission.
6)
The Board shall survey complainants and
the public to assess satisfaction and identify concerns with the Board's
investigative and adjudicative processes.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
Retaliation by RPD officers and employees
against complainants, witnesses, the Board and its staff, and other
RPD officers and employees, shall be prohibited. Retaliation includes
but is not limited to: harassment, intimidation, stalking, threats
and assaults. If a complaint of retaliation is sustained by the Board,
action will be taken based upon the disciplinary matrix. The Chief
will also be notified of the misconduct.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
No Board member or Board employee shall
have any interest, financial or otherwise, direct or indirect, or
engage in any business or transaction or professional activity, or
incur any obligation of any nature, which is in substantial conflict
with the proper discharge of their duties in the public interest.
Any conflict of interest prohibited by Article 18 of the General Municipal
Law or by the Code of Ethics shall disqualify a member. A conflict
of interest shall include, but is not limited to: if they have reason
to believe or expect that they will derive a direct monetary gain
or suffer a direct monetary loss, by reason of their official activity;
or if any benefit or detriment accrues to them as a member of a business,
profession, occupation, or group to a greater extent than any other
member of the business, profession, occupation, or group. Board members
may not represent a complainant or an RPD officer before PSS or the
Board.
B.
If a Board member has a personal, business
or other relationship or association with a party to or a witness
in a matter before the Board, the member shall disclose the situation
to the Chairperson, and shall recuse themselves from deliberations
or action in connection with that case.
C.
Board members and employees shall be subject
to the City of Rochester's Code of Ethics.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The Corporation Counsel shall advise and represent the Board as it would other public boards in accordance with the Law Department's duties under Article IX of the City Charter. The Board may then seek and retain independent legal counsel for any purpose and may also utilize the City's Corporation Counsel at its discretion.
B.
All contracts for outside services (legal
or other) shall be procured in accordance with the City of Rochester
purchasing requirements and are subject to City Council approval when
over $10,000 or the Police Accountability Board does not have adequate
funds in their annual budget to cover the cost of an agreement less
than $10,000.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The Board shall publish on its website
monthly data on the receipt and dispositions of complaints.
B.
All complaints shall be issued a public
tracking number, which shall be included in the quarterly and annual
reports.
C.
The Board shall publish on its website
for the public and deliver hard copy to the Office of the City Council
and Office of the Mayor public quarterly and annual reports that shall
document:
1)
The total number and type of complaints
and the City districts in which they happened;
2)
The categories of each complaint as defined
in Section Three of the local law;
3)
The public tracking number of each complaint;
4)
Detailing information that is legally available
to the Board, including but not limited to: the date, time, and location
of each incident, whether there is video of the incident or not, age,
race, and gender of adult complainant(s), rank(s), gender(s), section(s),
and race(s) of the RPD officer(s) and if there were witnesses, how
many, and whether they are employed by any local, state, or federal
law enforcement agency and which agency; the Board shall comply with
local, state, and federal law and redact any information that may
not be disclosed publicly. The number of previous complaints against
the RPD officer(s) within 10 years of the incident and whether or
not those complaints were sustained.
5)
The number of times and the types of use
of force used per complaint and the total number of times and types
of use of force used;
6)
The number of times pepper spray was deployed
per complaint and the total number of times pepper spray was deployed;
7)
The number of times and types of pain compliance
tactics used per complaint and the totals for each use of pain compliance
tactic;
8)
The number of times and types of use where
a TASER® was deployed;
9)
Complaint and sustain rates for each RPD
section;
10)
In the event where an RPD officer
uses their firearm:
a)
The type of weapon used (firearm,
brand, type);
b)
Number of shots fired;
c)
The range from which the firearm
was fired;
d)
Injuries sustained by the complainant,
animal(s), RPD officer(s), and/or any bystanders;
e)
Any medical care provided and what
type; whether the person or animal was killed;
f)
The number of cases where the panel's
disciplinary decision was enforced by the Chief;
g)
The number of cases where the Chief
disputed the disciplinary decision of the panel;
h)
The type of sanctions imposed;
i)
The type of sanctions decided upon;
j)
The number of cases reviewed by the
Board;
k)
The number of complaints found not
to have reasonable cause to be heard;
l)
The number of complainants contacting
the Board but not following through with a formal signed complaint;
m)
The length of time each case was
pending before the Board;
n)
The number of complainants who filed
a notice of claim against the City while their complaint was being
considered by the Board.
D.
The annual report published on the Board's
website for the public and deliver hard copy to the Office of the
City Council and Office of the Mayor and shall contain:
1)
The recommendations related to changes
in RPD patterns, practices, policies, and procedures;
2)
Whether the prior year's recommended changes
have been implemented;
3)
A summary of complainant and public survey
data with an assessment of if and how Board policies should change
to accommodate concerns.
E.
Quarterly and annual reports shall be publicly
available on the Board's website.
F.
Any video associated with the complaint
that can be made public shall be made publicly available.
G.
The Board shall comply with all local,
state, and federal law, including Civil Rights Law § 50-a
concerning the release of personnel information.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The Board may, by majority vote, perform
an audit, or direct that an audit be performed, to assess the investigation
and adjudication of civilian complaints.
B.
An independent organization of Council's
choosing shall conduct a formal annual evaluation of the functions,
processes, and outcomes of the Police Accountability Board. The evaluator
will make specific recommendations to the Council regarding changes
to the Board's functions, processes and outcomes.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
A.
The annual proposed budget of the Police Accountability Board shall provide for sufficient funding to carry out the powers and duties set forth in the Police Accountability Board article, including the funding of staff and all necessary operating expenses for the purpose of resolving all complaints within 90 days. The Board shall be funded through the budgetary process of the City, pursuant to Article VI of the City Charter. The Board budget shall be separate from, and independent of, the RPD budget.
B.
The Board shall annually prepare a budget
in accordance with the budget allocation level that it deemed appropriate
from the Office of Management and Budget. The Board shall submit the
proposed budget, along with appropriate financial documentation, to
the Mayor and Council during the City's annual budgetary process.
C.
The Board's first year budget shall include
appropriate start-up costs, such as office furnishings, equipment,
training for all Board and staff, and a national search for the Executive
Director.
[§ 1, L.L. No.
2-2019; § 1, L.L. No.
3-2021]
The invalidity of any provision or
provisions of this article shall not affect the validity of the remaining
provisions thereof, but such remaining provisions shall continue in
full force and effect.
[§ 1, L.L. No.
3-2021]
|
APPENDIX A
|
|---|
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Police Accountability Board
Supporting Organization**
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|
19th Ward Community Association
|
|
Action for a Better Community
|
|
Action Together Rochester
|
|
African American Health Association
& Latino Health Coalition
|
|
American Baptist Churches of the
Rochester/Genesee Region
|
|
Antioch Missionary Baptist Church
|
|
Baber AME Church
|
|
Beechwood Neighborhood Association
|
|
Center for Disability Rights
|
|
Citizen Action of Western New York
|
|
Colgate Rochester Crozer Divinity
School
|
|
Compeer
|
|
Delta Sigma Theta Sorority Alumna
|
|
Dimitri House
|
|
Empire Justice
|
|
Enough is Enough
|
|
Facing Race, Embracing Equity (FR=EE)
|
|
First Unitarian Church
|
|
First Universalist Church
|
|
Flower City Noir
|
|
Flying Squirrel Community Space
|
|
Greater Rochester Community of Churches
|
|
Green Party of Monroe County
|
|
Ibero American Action League
|
|
Inner Faith Gospel Tabernacle
|
|
Justice For All
|
|
MK Gandhi Institute
|
|
National Lawyers Guild of Rochester
|
|
Native American Cultural Center
|
|
North East Area Development
|
|
Omega Psi Phi
|
|
Open Arms Christian Fellowship
|
|
Out Alliance Ministry
|
|
PLEX Neighborhood Association
|
|
Re-entry & Community Development
Center
|
|
Roc/ACTS
|
|
Rochester Black Authors
|
|
Rochester Democratic Socialists of
America
|
|
ROCitizen
|
|
Safer Monroe Area Reentry Team (SMART)
|
|
Shades of Sisterhood
|
|
Showing Up for Racial Justice (SURJ)
|
|
Sisters of Mercy
|
|
Social Welfare Action Alliance
|
|
South West Area Neighborhood Assoc.
|
|
Spiritus Christi Anti-Racism Coalition
|
|
St. Joseph's House of Hospitality
|
|
Table 23
|
|
Teen Empowerment
|
|
Trinity Emmanuel Presbyterian Church
|
|
Turning Points
|
|
Urban League of Rochester
|
|
Rochester Chapter of VOCAL-NY
|
|
** Organization list is subject
to change
|
