[HISTORY: Adopted by the City Council of the City of Harrisburg 11-10-2020 by Ord. No.
7-2020. Amendments noted where applicable.]
This chapter of the Codified Ordinances for the City of Harrisburg
shall be known and may be cited as the Citizens Law Enforcement Advisory
Committee.
There is hereby created an advisory committee for City residents
to be known as the Citizens Law Enforcement Advisory Committee for
the City of Harrisburg.
The general intent of this chapter is to provide for public
accountability for the exercise of police powers in the course of
Harrisburg law enforcement activities. The regular objective review
of the information regarding law enforcement activities in the City
is hereby found to promote public accountability and allow for public
confidence in government.
It is the specific intent and purpose of the chapter to establish
a citizen advisory committee to improve community relationships with
law enforcement throughout the City and promote public safety, which
shall be known as the Citizens Law Enforcement Advisory Committee
(CLEAC).
The core functions of CLEAC shall be to:
A. Assist in fostering a better understanding of the role of law enforcement
throughout the City, reviewing as necessary law enforcement policies,
practices and data. The goal should be to improve transparency and
accessibility to public information.
B. Provide City residents a forum to give voice to concerns about police
interactions and responses, to help identify critical, systemic or
recurring issues of importance for residents and businesses throughout
Harrisburg, and to facilitate whenever necessary changes in local
law enforcement practices.
C. Promote policies and practices for the protection of the local community
to further the goal of the fair, just and dignified treatment of each
and every person.
D. Provide recommendations as necessary to the Harrisburg Bureau of
Police, the Mayor and City Council on policies to maintain public
safety for all, promote law and order, assist in the reduction of
crime, and protect all in the community.
E. Foster positive relationships and an improved understanding between
the Harrisburg Bureau of Police and the members of the community.
A. The CLEAC shall be comprised of nine voting members.
B. All members must have resided in the City of Harrisburg for at least
one year leading up to the appointment and must maintain residency
within the City for the duration of their term on the Committee.
C. No member shall be a public official or municipal employee.
D. No member of the committee can be the spouse, domestic partner, child
or sibling of any current City of Harrisburg public official.
A. The original Committee shall be comprised of five members appointed
by the City Council and two members appointed by the Mayor, each of
whom must be confirmed by a majority vote of the Council prior to
being seated on the Committee.
B. Two of the original members shall be appointed to four-year terms,
two members shall be appointed to three-year terms and three members
shall be appointed to two-year terms, the specific term of each appointee
to be determined at the time of appointment, consistent with this
subsection, each of whom shall serve until the appointment of their
successor.
C. Each of those seven original members shall reside in a different
policing district within the City from the other members.
D. The Mayor and City Council shall make a request to City neighborhood
groups for recommendations of qualified residents from their neighborhood
for appointment to the committee.
E. In addition, the remaining two original members shall be residents
of the City who will serve as at-large appointments, each to be nominated
by a majority vote of the Committee at its inaugural meeting and promptly
forwarded to City Council for confirmation.
F. At-large members shall be appointed to three-year terms.
G. At its inaugural meeting, the Committee shall elect a Chairperson
to act as the presiding officer.
A. A person appointed to fill a vacancy shall serve for the balance
of the term for which their predecessor was appointed. All other appointments
shall be for terms of three years.
B. The Chairperson shall notify the Office of the Mayor and the City
Clerk in writing no less than 30 days prior to the expiration of a
member's term or within 30 days of any vacancy occurring on the
Committee.
C. The Chairperson shall advise at that time of the Committee's
recommendation, if any, for filling any vacant or expired seat.
D. The Mayor shall accept the Committee's recommendation(s) or
otherwise appoint another eligible individual, subject to the advice
and consent of the City Council in accordance with the provisions
of Chapter 2-301.3 of the Administrative Code.
E. Should a member fail to attend three consecutive meetings without
providing prior notification, the seat shall be deemed vacant and
the Chairperson shall proceed to provide prompt notice in accordance
with the forgoing provisions.
Members of CLEAC must have the following qualifications:
A. An appointee must be concerned about the relation of members of law
enforcement and community members, sensitive to community needs and
perceptions, willing to commit themselves to community service and
to conduct themselves in a manner consistent with the purposes for
which the Advisory Committee is formed.
B. An appointee must be committed to seek and receive input from the
community, as well as to apply input received to further the purposes
of the Advisory Committee,
C. An appointee may participate in an annual City ride-along with a
law enforcement officer.
D. An appointee must attend and complete an orientation and education
program within six months of their appointment. The City Law Bureau
shall arrange for the creation of an orientation and education program
for CLEAC members.
E. At least two members must have a minimum of two years of recent training
and experience in social services, human services or be a licensed
social worker.
F. A prior criminal history shall not automatically disqualify an otherwise
eligible individual from serving as an appointee.
The following advisory powers and duties are vested in CLEAC.
To gather, maintain, summarize and report on public information
and statistics regarding local law enforcement in one or more of the
following categories:
A. Officer and supervisory training and education programs and options.
B. Harrisburg Bureau of Police (HBP) published general orders and related
policies.
C. Reports on law enforcement interactions with the public.
D. Citizen complaint summaries and reports.
E. Similar categories of public information on other law enforcement
agencies.
To analyze public information and data derived from any of the
foregoing HBP records for comparison with other similarly situated
municipalities, other municipalities in the region or national statistics.
To promote and encourage open communications, cooperation and
dialogue between the HBP and the residents and businesses of Harrisburg
through any of the following activities:
A. Developing recommendations on how to better inform the community
on individual rights and responsibilities when a person has contact
with law enforcement officers.
B. Facilitating effective means of participation for City residents
in the making of program recommendations to effectively supplement
law enforcement training, when needed, to assure that a sensitive,
effective and responsive approach to the needs of residents becomes
self-evident.
C. Providing a community perspective to law enforcement and City officials
when concerns of the effectiveness of law enforcement services and
relations are at issue.
D. Foster and encourage public participation in crime prevention activities
throughout the City.
E. Promoting productive law enforcement and community interaction to
assist the HBP in achieving a greater understanding of the nature
and causes of complex community problems in the areas of diversity
and human relations.
F. Effectively addressing the concerns of the community by promoting
cooperative programs and approaches to the solutions of community
crime.
G. Advocating for the principle that the administration of justice requires
total community involvement and personal responsibility.
H. Hold public meetings from time to time for the purpose of soliciting
public input on general or specific ways to improve communication
and partnership between local law enforcement and the communities
they serve.
I. To serve as a liaison between the HBP and the community, as necessary.
J. Engaging and encouraging neighborhood and community organizations
throughout the City to participate in training, discussions and promotion
of programs and opportunities to foster public safety and improve
communication with and regarding local law enforcement.
K. Issue administrative subpoenas for third party records in the course
of a CLEAC review and investigation of a formal written complaint
for misconduct, in a manner and form authorized under the laws of
the Commonwealth of Pennsylvania for administrative proceedings.
Requests for records under this chapter to the Harrisburg Bureau
of Police shall be made and processed in the manner set forth in this
subsection.
A. Requests for information subject to this chapter directed to the
HBP shall be made in writing to the Mayor and HBP.
B. The information request shall be promptly reviewed by HBP.
C. The information should be provided to CLEAC within 14 business days
of the request.
D. If the HBP will require additional time to provide requested information,
the HBP shall provide written notice to the Committee within seven
business days of receipt of the request.
E. If the information requested is not provided or deemed unsatisfactory
to the Committee, the Committee by a public vote of the majority of
its members may make a recommendation to City Council and the Mayor
to restrict the release or use of budgeted funds to hire new officers.
F. City Council will evaluate the request for information and any information
provided to the Committee by HBP.
G. Committee recommendations made under this subsection related to the
information may be accepted or denied by a vote of the Council, at
their sole discretion.
H. If the recommendation of the Committee is accepted by the Council,
the HBP will have five business days to provide the requested information
to Council to avoid the automatic restriction on the release or use
of funds to hire new officers.
To approve and issue advisory reports and recommendations to
the Harrisburg Bureau of Police, the Mayor and City Council as follows:
A. To provide recommendations consistent with the purposes of this legislation
in respect to the modification, adoption or reform of any internal
HBP policy, practice or procedure that CLEAC determines would benefit
public safety or otherwise foster improved relations between law enforcement
personnel and the community they serve.
B. To issue reports to the Council and the Mayor on any practice or
specific action of law enforcement that in the assessment of CLEAC
are matters of genuine community concern or controversy.
C. To provide recommendations to the Council and the Mayor on legislative
or non-legislative actions to improve relations between local law
enforcement and the community.
D. To provide recommendations of the adoption of any program, intergovernmental
agreement, or activity that CLEAC determines would serve to strengthen
bonds between the HBP and the community, so as to thereby make manifest
the promise of equal protection and service for all citizens.
E. To provide an annual written report on their activities to the Council
and the Mayor.
The following provisions shall govern the organizational structure
of the Committee:
A. The members may adopt bylaws to govern the organization in the carrying
out of their duties.
B. Bylaws or any amendments thereto are subject to the prior review
and approval of the City Solicitor.
C. Members may from time to time select and appoint by majority vote
a Chair, Vice-Chair and Recording Secretary from its members, with
or without the adoption of bylaws.
D. Proposed bylaws and other CLEAC policies shall be consistent with
the purposes of this legislation and applicable law.
E. A majority of the Committee shall constitute a quorum for the purpose
of conducting committee business and for all other purposes.
F. All actions of the Committee shall be taken by a vote of the majority
of voting members present.
G. No Committee business may be conducted if a majority of voting seats
are vacant.
The CLEAC shall hold quarterly meetings and such other committee
meetings as the members deem necessary in public meeting rooms or
facilities of the City. The provisions of 65 Pa.C.S.A. Ch. 7 (relating
to open meetings) shall apply to the Committee.
A. The CLEAC may formally request the attendance of the Police Commissioner
or Chief or other management personnel at any committee meeting to
review or discuss existing or proposed police policies and practices.
B. Any request shall be in writing and made at least seven days in advance
with notice of the matter(s) under discussion at the meeting, including
to respond to any pending formal request for records.
C. The Mayor, Police Commissioner or Chief may assign a designee to
appear before the committee to respond to a formal request to attend
a committee meeting.
The City Clerk shall assist CLEAC to coordinate meetings of
the organization, including the drafting and publication of required
legal advertisements, posting of notices on the City website, reserving
public meeting rooms in City facilities and acting as custodian of
the official minutes and records of the organization.
Committee members shall not receive any compensation for serving
as a member of the Committee.
A Committee member may be removed from his or her position by
Council for failing to comply with the provisions of this legislation
or for other cause shown.
This chapter is enacted under the authority of Section 410(b)
of the Optional Third-Class City Charter Law, authorizing the creation
of committees and other bodies with advisory powers.
Nothing in this legislation is intended or shall be deemed to
mandate or authorize any person, official, department, bureau or public
employee to release any record or information otherwise subject to
non-disclosure under Pennsylvania's Criminal History Record Information
Act, 18 Pa.C.S.A. § 9101 et seq. or that otherwise would
impact the continuation or completion of an open criminal investigation.
Nothing in this legislation is intended to alter, diminish or impede
a Mayor's exercise of their exclusive authority to supervise
City police, as provided under the Third Class City Code, 11 Pa.C.S.A.
§ 11103(a)(2) and otherwise by law.