[Adopted 2-9-2021]
This article shall be effective July 1, 2021. A Civilian Police Review Board is hereby established as authorized by Section 17 of Public Act 20-1, as that Public Act may be codified, recodified or amended from time to time.[1]
[1]
Editor's Note: See C.G.S. § 7-294aaa.
The purposes of the Civilian Police Review Board established by this article shall be as follows:
A. 
To promote public confidence in the professionalism and accountability of the West Hartford Police Department through the unbiased review of the investigation of complaints filed against any West Hartford police officer.
B. 
To add a civilian perspective to the evaluation of complaints.
C. 
To provide a timely, fair, and objective review of complaints and the manner in which they are investigated.
D. 
To promote positive interactions and maintain trust between the community and the police.
A. 
The Civilian Police Review Board shall consist of seven members appointed by the Town Council. The members of the Civilian Police Review Board shall serve without compensation. No member of the Civilian Police Review Board shall be a sworn officer of any police department or law enforcement entity. No member shall be a former sworn officer of the West Hartford Police Department, unless said officer has not been employed in such capacity for at least three years.
B. 
No person shall be appointed to the Civilian Police Review Board unless such person has consented to and executed all necessary releases for the performance of a criminal background check. Such background check shall be performed by the Police Department, and no person shall be appointed to the Civilian Police Review Board until the Police Chief or designee has reported the results of such criminal background check to the President of the Council.
C. 
At the time of first appointment of the members of the Civilian Police Review Board, two members shall be appointed to serve until December 31, 2021, two members shall be appointed to serve until December 31, 2022, and three members shall be appointed to serve until December 31, 2023. Upon the expiration of these initial terms, each subsequent appointment shall be for a term of three years, commencing on the first day of January.
D. 
There are hereby authorized three alternate members of the Civilian Police Review Board, who shall be electors of the Town and shall be appointed by the Town Council. At the time of original appointment, one alternate shall be appointed to serve until December 31, 2021, one alternate until December 31, 2022, and one alternate until December 31, 2023, and each successor shall be appointed for a term of three years, commencing on the first day of January. Upon the expiration of these initial terms, each subsequent appointment shall be for a term of three years, commencing on the first day of January. Any alternate member of the Civilian Police Review Board shall, when designated to act for any member of the Civilian Police Review Board, have all of the powers and duties of a member of the Civilian Police Review Board.
A. 
The Police Chief shall designate one or more representatives from the West Hartford Police Department to serve as a departmental liaison to the Civilian Police Review Board. Such departmental liaison or liaisons shall have the privilege of the floor at any meeting for the purpose of providing information and perspective on police techniques, procedures, and methods.
B. 
The Town Manager shall designate one or more representatives from his or her office or other appropriate department to serve as a staff liaison with the Civilian Police Review Board for the purposes of coordination and administrative support. The Town Manager may designate a departmental liaison appointed by the Police Chief pursuant to this section to serve in such role. The Civilian Police Review Board, through its Chairperson or, in the absence of its Chairperson, through its Vice Chairperson, may request from the staff liaison or liaisons such information as it may require and such clerical or other assistance as may be reasonably available and necessary to carry out its duties and responsibilities under the provisions of this article.
C. 
The Civilian Police Review Board shall, at its first meeting following the effective date of its appointment and annually thereafter, elect a Chairperson and Vice Chairperson from among its members and such other officers as the Civilian Police Review Board may determine.
A. 
The Police Chief shall promptly refer to the Civilian Police Review Board the completed internal investigation of any complaint received by the Police Department. Any matter so referred shall be placed on the agenda for the next regularly scheduled meeting of the Civilian Police Review Board.
[Amended 1-23-2024]
B. 
In evaluating such completed investigation, the Civilian Police Review Board may review a copy of the complaint and any public records or files relevant to such completed investigation. For the purpose of this section, "public records or files" shall have the same meaning as set forth in Chapter 14 of the General Statutes, as amended from time to time.
C. 
Following such review, the Civilian Police Review Board shall recommend by majority vote to either sustain or remand such completed internal affairs investigation. In the event the Civilian Police Review Board recommends remand, the Civilian Police Review Board shall make findings as to the thoroughness, outcome, accuracy, and objectivity of the investigation.
[Amended 1-23-2024]
D. 
The Civilian Police Review Board shall recommend to sustain or remand within 60 days after a referred complaint first appears on an agenda. The failure of the Civilian Police Review Board to act thereon shall be considered as a recommendation to sustain.
E. 
Any recommendation made by the Civilian Police Review Board under this section shall be advisory only. Any final decision of discipline shall be made by the Police Chief.
F. 
In the event the Civilian Police Review Board remands the completed internal investigation report, and the Police Chief disagrees with its findings, the Police Chief shall provide the Civilian Police Review Board the basis for such disagreement.
[Added 1-23-2024]
A quorum shall consist of five members.
A. 
The Town Manager, in coordination with the Police Chief, shall develop reasonable requirements for orientation, training, and continuing education for members and alternates appointed to the Civilian Police Review Board. No member or alternate shall enter upon the duties of office unless the Town Manager or his or her designee has certified that such member or alternate has completed such orientation and training. Any member or alternate who fails to complete any continuing education within a reasonable period of time prescribed by the Town Manager shall be ineligible to participate in the consideration of complaints, and the Town Manager may refer such member or alternate to the Town Council for removal from office.
B. 
Except as may be required by law, no member or alternate to the Civilian Police Review Board shall publicly discuss any complaint pending or any matter reasonably likely to come before the Civilian Police Review Board outside of a meeting of the Civilian Police Review Board.
A. 
Upon receipt of a written request from the Corporation Counsel, the Civilian Police Review Board shall stay and take no further action in connection with any proceeding that is the subject of pending litigation in which the Town is a party or may be required to protect and save harmless a party pursuant to § 7-101a of the General Statutes, as amended from time to time, until (1) such litigation or claim has been finally adjudicated or otherwise settled, or (2) the Corporation Counsel provides written notification to the Civilian Police Review Board that a stay of proceedings is no longer required, whichever is sooner. The deadline for the Civilian Police Review Board to take action shall be tolled during such stay.
B. 
Nothing in this article shall prevent the Town from entering into a settlement agreement that restricts the ability of the Town or any other party to comment on or discuss a matter. Upon receipt of a written request from the Corporation Counsel, the Civilian Police Review Board shall stay and take no further action in connection with any proceeding in which such consideration or discussion would violate the terms of a settlement agreement to which the Town is a party.
C. 
Upon receipt of a written request from the Police Chief, the Civilian Police Review Board shall stay and take no further action in connection with any proceeding that the Police Chief reasonably believes may prejudice a pending prosecution or a prospective law enforcement action until (1) such prosecution or law enforcement action is complete, or (2) the Police Chief provides written notification to the Civilian Police Review Board that the stay of proceedings is no longer required, whichever is sooner.
The Civilian Police Review Board shall provide an annual written report to the Town Council standing committee with cognizance over the Police Department. Such report shall include a brief summary of the disposition of all complaints reviewed by the Civilian Police Review Board as well as any policy recommendations.