[HISTORY: Adopted by the Common Council of the City of Peekskill 7-18-2022 by L.L. No. 6-2022. Amendments noted where applicable.]
A.
Civilian involvement in the review of police practices has been spreading
rapidly throughout the United States, as well as several countries
overseas. Although a complaint process that is strictly internal within
the Police Department may be expedient, the process can leave its
community with concerns about the effectiveness and integrity of existing
investigations. The Common Council has determined that to provide
for civilian participation in the complaint review process, it is
in the best interest of Peekskill to establish its own Civilian Complaint
Review Board and promulgate policies, procedures, rules, and regulations
for the operation thereof. This chapter is adopted to promote public
confidence in the ability of Peekskill to provide a governmental structure
to fairly investigate, review, and dispose of civilian complaints
made against its police officers, giving due regard for the rights
and interests of both the civilians and police officers involved.
The CCRB is one step in building a partnership between the police
and the community based on mutual trust and respect. The purpose of
CCRB is to increase community engagement, empower all members of the
Peekskill community, inspire public confidence in Peekskill's
law enforcement, maximize communication and understanding between
the police and the community, facilitate and foster civilian participation
in the process of the investigation, the decisionmaking process and
ultimate action upon complaints of police misconduct, and to improve
police accountability. The aforementioned presumes that the City Manager,
the Chief of Police, the CCRB, and all members of the Police Department
will act in good faith and make all possible best efforts in the administration
of said statute.
B.
In June 2020, former Governor Cuomo issued Executive Order 203, "New
York State Police Reform and Reinvention Collaborative." The Executive
Order directed each local government with a police agency to perform
a comprehensive review of practices and policies to promote fair and
transparent community-oriented policing strategies designed to eliminate
racism and racial disparities. In Peekskill, a working committee consisting
of members of the public, youth, the NAACP and other community organizations,
Police Department personnel and elected officials met to discuss and
propose changes to be included in the reform plan. The plan, which
was reviewed and adopted by the Common Council, included a proposed
Civilian Complaint Review Board.
Pursuant to the powers and authority granted under § 5711-q
of the Unconsolidated Laws of the State of New York and § 10
of the Municipal Home Rule Law of the State of New York, there is
hereby established in and for Peekskill a Civilian Complaint Review
Board (hereinafter designated as the "CCRB" or "Board") to provide
for civilian participation in the review of complaints made against
its police personnel in accordance with the policies, procedures,
rules, and regulations hereafter set forth.
A.
The Common Council will create a CCRB comprised of diverse membership
with respect to age, sex, race, religion, sexual orientation, education,
and national origin who will conduct the business of the CCRB in a
comprehensive, fair and impartial manner.
B.
The mission of the CCRB is to conduct a complete review of Police
Department investigations of complaints filed against police personnel,
as that term is defined herein, regarding violations of the Police
Department's rules, regulations and procedures set out in the
Police Department Manual which may be revised, amended and/or supplemented
from time to time.
C.
The policies and procedures set forth in this chapter have been created
to provide an impartial, prompt, and independent review of the internal
investigations of the Peekskill Police Department in a manner which
protects the rights of all concerned.
D.
Members of the public are encouraged to bring forward legitimate
complaints of alleged abuses or improper conduct by filing a complaint
as detailed herein.
E.
The CCRB shall conduct a complete and independent review of the Police
Department's investigation of every complaint that falls within
the Board's purview pursuant to this chapter and the Board's
rules of procedures.
F.
The CCRB will advise the Peekskill Chief of Police whether, in its
opinion, a complaint should be deemed either SUBSTANTIATED, UNSUBSTANTIATED,
UNFOUNDED, EXONERATED or if the Board issues a NO FINDING as those
terms are defined herein. The CCRB may also recommend mediation.
Prior to any final determination by the Chief regarding possible
disciplinary action, such advice by the CCRB shall include, but not
be limited to, whether to forward the complaint to Peekskill's
City Manager, acting as Commissioner of Public Safety, for official
inter-police departmental disciplinary proceedings.
G.
The CCRB may issue written reports and recommendations, at its discretion,
to the Chief of Police and the Peekskill City Manager regarding the
policies and procedures of the Police Department, based on the CCRB's
review of civilian complaints.
H.
Nothing contained herein shall be construed as precluding the Chief
from performing necessary functions in a timely manner.
I.
All CCRB members shall become familiar with the policies and procedures
described in this chapter and shall be responsible for strictly basing
their opinions and judgments on the same.
As used in this chapter, the following terms shall have the
meanings indicated:
An appointed member of the CCRB who serves when a voting
member from the same selection category is unavailable to review a
case based on a conflict of interest, absence, disqualification or
otherwise cannot vote on a matter before the CCRB. Alternate members
will undergo the same training described herein as required for other
voting CCRB members. An alternate member shall have all of the rights,
privileges and responsibilities of a voting member of the CCRB. When
an alternate member is voting or counting toward the calculation of
a quorum, that circumstance shall be noted in the meeting minutes.
Alternate members shall attend all meetings of the CCRB, including
executive sessions, and shall participate in all presentations to
and deliberations by the CCRB and shall substitute for a voting member
who has recused himself or herself or is otherwise precluded from
consideration of a complaint or otherwise unable to participate in
a meeting, but an alternate member shall not vote or count toward
the calculation of a quorum unless he or she is substituting for a
voting member. Insofar as practicable, service by an alternate member
shall rotate among the alternate members.
The Civilian Complaint Review Board of the City of Peekskill.
The Chair, Vice Chair, members of the CCRB, and alternate
members.
A civilian voting member of the CCRB elected by a majority
vote of the full CCRB to a one-year term. The Chair, with the assistance
of the Vice Chair, is responsible for enforcement of all the policies
and procedures set forth in this chapter. A member may be appointed
as chair for no more than two consecutive one-year terms. The Chair
shall be the presiding officer at all regular and emergency meetings
of the CCRB and shall perform all duties as prescribed in this chapter
and any rules of procedure adopted by the CCRB.
The Chief Executive Officer of the Peekskill Police Department.
The Chief of Police shall not be a member of the CCRB.
The City of Peekskill.
An investigator appointed by the Common Council to investigate
and attempt to verify complaints. The Common Council shall determine
the qualifications of civilian investigators prior to appointment.
The City of Peekskill's elected Council members.
The person making a complaint or allegation regarding the
conduct of police personnel.
A written statement, signed by the complainant, regarding
the conduct of police personnel. The form of complaint shall contain
the following notice: "Pursuant to the New York State Penal Law § 210.45,
it is a crime punishable as a Class A misdemeanor to knowingly make
a false statement herein" underneath the signature line in open view
in both English and Spanish.
By a preponderance of the credible evidence, the CCRB determines
that the alleged act(s) occurred but did not constitute a violation
of the Police Department's rules, regulations and procedures.
The written determination by CCRB of the Police Department's
investigation, which determination will be that the allegations in
the complaint were substantiated, unsubstantiated, unfounded, exonerated
or that the Board issued a "No Finding."
An appointed voting member of the CCRB.
Where the CCRB reports that it is unable to reach a finding,
i.e., where the complainant failed to produce requested information
to further the investigation; where the investigation revealed that
another agency was responsible for the handling of the complaint or
the complainant was referred to that agency; where the complainant
withdrew the complaint; where the complainant was unable to clarify
issues relating to the complaint; or where the police personnel who
was the subject of the complaint is no longer employed by the City.
The City Manager of Peekskill will also serve as CCRB's
oversight committee, pursuant to New York Unconsolidated Laws § 5711-q.
The Peekskill Police Department.
A member of the Peekskill Police Department assigned to perform
investigation into complaints. The Police Department Investigator
shall hold the rank of detective or higher.
Includes sworn police officers and members of the auxiliary
police and parking enforcement of the Peekskill Police Department.
A preponderance of the evidence means the greater part of
credible evidence. "Credible evidence" means the testimony and/or
exhibits that are found worthy to be believed. Preponderance does
not mean the greater number of witnesses or the greater number of
exhibits presented to the finder of fact. The definition refers to
the evidence, that is, its convincing quality, the weight and effect
that it has on the finder of fact. In order to establish a preponderance
of the credible evidence, it must more nearly represent what took
place than the evidence opposed to it. In the event that the credible
evidence weighs so evenly that the finder of fact is unable to say
that there is a preponderance of evidence on either side, then no
preponderance has been established.
The Corporation Counsel or his or her designee shall serve
as the Secretary of the CCRB.
By a preponderance of the credible evidence the CCRB determines
that the alleged act(s) in a complaint occurred and that the alleged
act(s) violated the Police Department's rules, regulations and/or
procedures.
By a preponderance of the credible evidence the CCRB determines
that the alleged act(s) in a complaint did not occur.
By a preponderance of the credible evidence the CCRB determines
that the alleged act(s) in a complaint constitute a violation of the
Police Department's rules, regulations and procedures but there
is insufficient evidence to establish by a preponderance of the credible
evidence that the alleged act(s) occurred.
A civilian member of the CCRB elected by a majority vote
of the full CCRB for one year effective January 1 to assist the Chair,
and fulfill the Chair's functions when required. The Vice Chair,
along with the Chair, is responsible for enforcement of all policies
and procedures set forth in this chapter and rules of procedure adopted
by the CCRB. A member may be appointed as Vice Chair for no more than
two consecutive one-year terms. In the absence of the Chair or in
the event of the Chair's resignation, death, disqualification,
recusal or inability to perform the duties and responsibilities as
Chair, the Vice Chair shall perform those duties and responsibilities.
A.
Membership. The CCRB shall consist of seven voting members and two
alternate members appointed by the Common Council, five of which will
be civilians appointed by the Common Council and selected in a manner
to ensure diverse and representative participation for the entire
community of Peekskill. Best efforts will be made to ensure CCRB members
include, but not be limited to, members from the white, black, Latino,
LGBTQ+, Asian, and other ethnic and religious communities, as well
as those diverse in age, sex, and socioeconomic background.
(1)
The five civilian members of Peekskill's CCRB will be nominated by a committee of prominent Peekskill civilian leaders from Peekskill's NAACP, Latin, white, black, Asian, clergy and LGTBQ+ communities, Common Council members and concerned citizens, but the final approval of said nominations will be by the Peekskill Common Council who may consider any other eligible resident of Peekskill who, after a full criminal background check, meets the criteria specified in § 17-5D.
(2)
Two police officers in good standing with the Police Department who
are not under suspension, assigned to any form of limited capacity
due to health or disciplinary reasons, on probation, not a Peekskill
Police union representative, not involved in any pending criminal
matter, or under investigation for a CCRB complaint, shall be nominated
by the Chief of Police for approval by the Common Council. One police
representative shall be a supervisory officer and one shall be a line
officer.
(3)
In addition to the seven members, the Common Council shall appoint
two alternates, one civilian and one police officer. Alternates will
vote on the CCRB only when a member is absent, or unable to participate
due to a conflict of interest, dismissal or death.
(4)
CCRB members shall serve without compensation or reimbursement for
personal expenditures. The CCRB Chair may request the appointment
of a civilian investigator by the Common Council to support a particular
case review, including interviewing complainants, police officers
and witnesses and reviewing records, and presenting a report to the
CCRB.
B.
Responsibilities of the Chair. One civilian member will be selected
by the majority vote of the civilian members of the full CCRB to serve
as Chair. The Chair shall call meetings of the CCRB, preside at meetings,
communicate with the Chief as necessary and otherwise follow this
chapter and such rules of procedure as are adopted by the CCRB. Should
the Chair be unavailable to perform his/her responsibilities, the
Vice Chair shall perform such duties.
C.
Responsibilities of the Vice Chair. One civilian member will be appointed
by a majority vote of the full CCRB to serve as Vice Chair to assist
the Chair and fulfill the Chair's functions when required. The
Vice Chair, along with the Chair, are responsible for enforcement
of all policies and procedures set forth in this chapter or by the
CCRB.
D.
Criteria for members and alternate members of the CCRB.
(1)
Qualifications.
(a)
Civilian members and alternate members must be residents of
Peekskill.
(b)
Police members must be employed full-time by the Peekskill Police
Department.
(c)
CCRB members and alternate members must agree to a full criminal
background check.
(d)
CCRB members and alternate members must swear to and sign the
confidentiality oath as follows, "I _____ hereby swear to keep all
matters pertaining to the work of the Peekskill Civilian Complaint
Review Board confidential, and to never communicate said matters with
any person other than the Peekskill Civilian Complaint Review Board
while an active member, or at any point after my membership on the
Peekskill Civilian Complaint Review Board."
(e)
CCRB members and alternate members must comply with all training
requirements as determined by the Chief of Police.
(f)
CCRB members and alternate members must be 21 years of age old
or older.
(g)
Anyone who has been convicted of a crime constituting a felony
or any sex offense under any jurisdiction within the United States
may be excluded from serving on the CCRB at the discretion of the
Common Council, with the exception that no person will be precluded
from CCRB membership if a prior conviction for any the aforementioned
crimes has been overturned by a court of law within the United States,
or that person has served their sentence for the conviction.
(2)
Disqualifications. Members and alternate members:
E.
Terms of appointment.
(1)
Members of the CCRB shall be initially appointed for a two-year term
beginning from the date of appointment.
(2)
Any member may be appointed for a maximum of three consecutive terms
(six years). If the member has served for three consecutive terms,
the member must be released from the CCRB and wait for at least one
year before applying for re-appointment.
(3)
Members and alternate members shall hold office until the member
and alternate member is reappointed, resigns or another individual
is appointed to replace the member or alternate member.
(4)
If the Common Council is unable to appoint a new member or alternate
member to the CCRB as a result of a lack of qualified candidates or
an insufficient number of qualified candidates, the Common Council,
by resolution may:
(a)
Waive
the term limit requirement and allow for the reappointment of a then-sitting
member or alternate member; or
(b)
Waive
the requirement for a one-year hiatus between terms and allow the
appointment to a new term of a former CCRB member or alternate member
whose term ended less than one year before.
(5)
Members and alternate members shall serve without compensation.
(6)
If a member resigns or is dismissed, the alternate member from the
appropriate selection category will be appointed by the Common Council
to serve for the remainder of the term and the Common Council will
appoint a new alternate member. If the resigning or dismissed member
is the Chair or Vice Chair, a new Chair or Vice Chair will be selected
by a majority vote of the CCRB members.
(7)
All members of the CCRB shall be required to attend a minimum of
75% of the CCRB scheduled meetings within a calendar year.
(8)
Notwithstanding the foregoing attendance requirements, the failure
of a CCRB member or alternate member to attend the required percentage
of meetings shall affect the member's or alternate member's
authority to consider and vote on applications to the CCRB. No action
of the CCRB will be voided or declared invalid as a result of a member's
dismissal due to failure to comply with the annual attendance requirement.
F.
Grounds for dismissal.
(1)
Civilian members or alternate members of the CCRB may be removed
by a majority vote of the Common Council, following a hearing on the
allegations for failure to comply with the policies and procedures
set forth herein, upon a recommendation by the either the Chair or Vice
Chair and two additional CCRB members, or by a direct motion of the
Common Council. The member or alternate member for whom a recommendation
of removal has been presented to the Common Council, will be afforded
an opportunity to be heard at the hearing and to be represented by
counsel at his or her own cost. The member or alternate member will
be given no less than seven days' notice of the hearing to be
conducted in executive session. The member will be suspended from
participation in CCRB meetings pending the hearing process.
(2)
Grounds for removal include but are not limited to failing to comply with confidentiality requirements, breach of any of the membership criteria listed in § 17-5D, failing to comply with the requirement of this chapter and/or the rules of procedure promulgated by the CCRB, failing to meet attendance and training requirements, and other reasons for cause.
(3)
A breach of the confidentiality of any information regarding an active
investigation under review by the CCRB shall not only be grounds for
dismissal but may constitute a violation of local law that may subject
the member to civil and/or criminal liability.
(4)
Any member of the CCRB may also be removed for reasons other than
listed above, for just cause by a vote of the Common Council upon
the recommendation by the Chair or Vice Chair and two additional members
following a hearing on the allegations.
A.
Training is a mandatory requirement for membership on the CCRB. Training will be provided by qualified training officers appointed by Peekskill's Chief of Police or other police municipality within Westchester County fully knowledgeable of the rules and regulations in the Police Department Manual. Noncompliance with the training requirements shall be deemed a proper cause for removal from the CCRB by the Peekskill Common Council detailed in § 17-5F.
B.
A comprehensive core training curriculum will be provided to each
CCRB member and alternate member(s) by the Peekskill Police Department
prior to the member or alternate member reviewing any cases. The core
training curriculum shall include the topics of use of force, stop
and frisk, warrantless arrests, search and seizure, vehicle stops
and relevant constitutional issues.
C.
In addition to the comprehensive core training curriculum, members
and alternate members will be provided with training by the Peekskill
Police Department on topics, including but not limited to:
(1)
The Police Department's disciplinary process.
(2)
The Police Department policies and procedures related to the investigation
of complaints.
(3)
New York Penal Law Article 35, Defense of Justification.
(4)
New York Civil Service Law and the applicable rules of the Westchester
County Department of Human Resources regarding the employment and
selection process.
(5)
Union contract disciplinary and grievance procedures.
(6)
The Police Department's recruitment and training process.
(7)
Selected sections of New York's Vehicle and Traffic Law, Penal
Law, and Criminal Procedure Law.
(8)
The Police Department's use of force guidelines and procedures.
(9)
The Police Department's use of deadly physical force guidelines
and procedures.
(10)
"Terry stops" and "stop, question and frisk."
(11)
Vehicle stops.
(12)
Warrantless arrests.
(13)
Search and seizure.
(14)
Search and arrest warrant application and execution procedures.
(15)
Procedures for the handling of emotionally disturbed persons.
(16)
Procedures for the handling of bias and hate crimes.
(17)
Relevant civil rights and Constitutional Law.
(18)
The Police Department's approach to community police training.
(19)
The Police Department's approach to human relations training
and awareness of best practices in police training available from
the National Organization of Black Law Enforcement Executives (NOBLE),
the Police Executive Research Forum (PERF), the Martin Luther King
Institute for Non-Violence and the March 4, 2015, report of United
States Department of Justice Civil Rights Division detailing their
Investigation of the Ferguson Police Department.
(20)
Response to domestic violence complaints.
(21)
Other issues related to civilian/police contacts deemed relevant
by the Chair and Vice Chair, in consultation with the Chief.
D.
All civilian CCRB members and alternate members will spend time in
discussion with line officers and may also elect to accompany police
officers on patrol, subject to prior approval by the Chief. The amount
of time required for said discussions and the number of occasions
members and alternate members will accompany police officers on patrol,
shall be previously agreed upon by the Chair and the Chief.
E.
All members will attend a community orientation session sponsored
by the Peekskill City Council that will further educate members of
the public on the role of the CCRB and enable CCRB members to hear
differing perspectives regarding civilian/police interactions.
F.
The members of the CCRB may undergo any other training deemed appropriate
by the CCRB. The Chair of the CCRB may request review and comment
of the Human Relations Commission regarding any additional training
proposals prior to implementation.
G.
The Chair of the CCRB shall notify the Peckskill City Manager and
the Common Council in writing on or about December 1, in any year,
of any CCRB member or alternate member who fails to comply with the
minimum requirements for meeting attendance and/or training of that
respective calendar year.
A.
The CCRB will meet at least once monthly during the initial orientation
period on a schedule determined by the Chair. After a six-month orientation
period, the Chair, upon a majority approval of the CCRB, may elect
to hold quarterly meetings. A minimum ten-day notice will be provided
to all CCRB members, alternate members and nonvoting personnel. Should
a serious civilian complaint necessitating the attention of the CCRB
occur during the interim, an emergency meeting may be called by the
Chair and a majority of voting members to waive the notification requirement
and convene the members for a meeting.
B.
In the absence of any complaints to review, CCRB meetings will be
used for continuing education purposes.
A.
The CCRB meetings will not be open to the public in order to protect
the privacy and rights of both the complainant(s) and the police officer(s)
who may be the subject of a complaint or allegation.
B.
Internal Police Department documents related to the investigation
of the complaint shall be furnished by the Police Chief to the CCRB
to be reviewed, but no copies will be retained by members or alternate
members.
C.
Any documents related to the deliberations and recommendations of
the CCRB, including notes of CCRB members, shall be collected and
secured by the Chair and Vice Chair at the end of each meeting.
D.
Members and alternate members of the CCRB shall not discuss complaint
investigations with any nonmember, nor allow any nonmember to discuss
any information relevant to a pending complaint with them. When meetings
are conducted remotely, the members, alternate members and police
personnel shall take such measures to ensure that nonmembers shall
not observe or listen to the meetings and that the meetings are not
recorded.
E.
A violation of the confidentiality of the CCRB shall be grounds for
dismissal by the Peekskill Common Council following a hearing and
constitutes a violation of local law that may subject the member to
civil and/or criminal liability.
F.
The CCRB meetings will not be open to attendance by the Peekskill
Police Chief.
G.
Because the Peekskill City Manager is required to conduct any disciplinary
hearings arising out of complaints reviewed by the CCRB, the Peekskill
City Manager shall not attend meetings of the CCRB when investigations
are under review.
A.
When a complaint investigation before the CCRB presents an actual
or potential conflict of interest for a Board member or alternate
member, the Board member or alternate member shall recuse himself
or herself from discussion and consideration of the particular complaint
investigation and an alternate member shall be designated to serve
in the recused member's place. Where a member has recused himself
or herself, the recusal shall be noted in the meeting minutes along
with the name of the alternate member who replaced the recused member.
A conflict of interest occurs in instances that include, but are not
limited to, where a CCRB member is: the complainant; a witness to
an incident that is the subject of a complaint; the attorney or other
legal representative for the complainant or the officer who is the
subject of the complaint; or an officer in an organization that has
assumed an advocacy position in the specific incident under review.
B.
CCRB members and alternate members are required to immediately disclose
to the Chair and Corporation Counsel any professional, personal or
financial relationship with any complainant, witness or police officer
involved in an incident under review by the CCRB that may be the basis
for a conflict of interest.
In order for the CCRB to conduct its affairs, at minimum, four
of the seven members must be in attendance as all official actions
taken by the CCRB shall require a vote majority.
A.
Review of complaints.
(1)
Exceptions. The CCRB shall review all complaints, except:
(a)
Complaints during an ongoing criminal investigation against
a police officer or complainant.
(b)
Complaints while matters or criminal investigations are pending.
(c)
Complaints involving a filed and pending civil action.
(d)
Cases referred directly to Peekskill Police Department's
Internal Affairs Division, the Westchester District Attorney's
Office or the Special Prosecutor's Office of the Federal Government
due to the severity of the charges alleged against an officer.
(2)
In the event that a complaint is not subject to review for the reasons stated in Subsection A(1), the complaint will be logged as detailed in Subsection B and a letter will be sent to the complainant as soon as practicable, advising that the CCRB will not be reviewing the complaint at that time and specifying the reason why the complaint is not being reviewed.
B.
The CCRB shall review all written complaints in the following manner:
(1)
Complainants may submit a written complaint either directly to the
CCRB or the Police Department.
(2)
Complaints should be submitted within 60 business days of the underlying
incident. Should any anonymous or written CCRB complaint be received
after 60 business days, it will be accepted but not investigated.
(3)
The CCRB shall enter all complaints it receives into the "CCRB Command
Log" prior to forwarding the complaint to the Chief of Police for
commencement of the investigation.
(4)
The Chair shall forward any complaints submitted to the CCRB to the
Chief of Police no later than five business days after their receipt.
(5)
The Chief of Police will advise the Chair of all complaints received
directly to the Police Department within five business days of receipt,
and said complaint shall also be entered in the CCRB Command Log.
(6)
A chronological complaint number shall be assigned to every logged
complaint.
(7)
The CCRB will review the CCRB command log entries at every monthly
meeting to ensure that complaints are being investigated and reviewed
in a timely manner.
(8)
Within three business days of receipt of the complaint, the Corporation
Counsel shall notify the complainant in writing at the address provided
on the complaint form that the complaint has been received and that
inquiries as to status should be directed to the Corporation Counsel.
(9)
All CCRB investigations must be resolved within three months of the
date of the complaint unless extenuating circumstances prevent the
completion of said investigation.
(10)
The investigation of complaints by the Chief of Police assigned
Police Department Investigator shall begin within 10 calendar days
of the receipt of the complaint by the Police Department. The Police
Department's investigation shall be concluded within 30 calendar
days of the receipt of the complaint by the Police Department. If
additional time to complete the Police Department's investigation
is needed, the Chief and/or Department Investigator shall advise the
Chair in writing that additional time is needed to complete the investigation
and provide a date by which it is expected that the investigation
will be completed.
(11)
The Chief and/or assigned Police Department Investigator shall
conduct the initial investigation of all personnel complaints in accordance
with this statute and the policies and general orders of the Peekskill
Police Department.
(12)
The Chief and/or assigned Police Department Investigator shall
present the results of the department's investigation, including
their recommendation for command discipline, if any, to the CCRB,
along with all supporting documents.
(13)
The complete file of the Peekskill Police Department's
investigation related solely to the complaint being investigated,
shall be presented to the CCRB for its review.
(14)
The CCRB shall review the investigation conducted by the Police
Department employing a "preponderance of the credible evidence standard"
in evaluating the complaint and whether the officer involved committed
the alleged act(s).
(15)
The CCRB shall assess whether the conclusions reached by the
assigned Police Department Investigator are consistent with the information
gathered during the investigation and whether the proposed command
discipline, if any, is appropriate.
(16)
Police Department record retention policies should provide that
department records including, but not limited to reports, bodycam
footage, etc. shall be maintained for 120 calendar days from the incident
to allow for records to be available should a complaint be filed.
C.
In addition to discussing all written complaints with the CCRB, the
Chief will discuss all unwritten and/or anonymous complaints regarding
sworn police officers, members of the police auxiliary and members
of parking enforcement received by the Police Department and their
disposition.
D.
CCRB shall have complete access to all body camera footage and any
other video, audio or any other recordings related to the investigation
of any complaint.
A.
After a complete review of the Police Department investigation of
a written complaint, the CCRB shall deliberate and vote on whether
to find the complaint(s) or allegation(s) as Substantiated, Unsubstantiated,
Unfounded, Exonerated or that No Finding can be issued.
B.
If the CCRB believes further investigation is required, the Chair
shall communicate the Board's recommendations regarding further
investigation to the Chief.
C.
The Chief may either conduct the further investigation suggested
by the CCRB or advise the CCRB no later than three business days following
receipt of the CCRB's recommendation that no additional investigation
will be taking place. The Chief and the CCRB shall act in a timely
manner to ensure that a recommendation is made within the applicable
statute of limitations.
D.
If the Chief declines to further investigate, the CCRB may proceed
to vote on a recommendation or decline to do so on grounds of an insufficient
investigation. In the event that the CCRB declines to vote on grounds
of an insufficient investigation, the Peekskill City Manager and Common
Council shall be so advised.
E.
If the CCRB believes unacceptable results to the investigation of
a case is caused due to lack of necessary but existing evidence, such
as access to private civilian-owned video footage or necessary video
footage from a police body camera, dash camera, or personal police
records (memo book, notes), the CCRB Chair can consult with the City
Manager and Corporation Counsel to request a subpoena(s) to have such
evidence gathered.
F.
Upon completion of any additional investigation requested by the
Board, and the reporting of any additional information by the Chief
and/or assigned Police Department Investigator, the CCRB shall reconsider
the case for the purpose of issuing a final recommendation.
G.
The CCRB shall issue a recommendation to the Chief within 30 days
of the presentation of the completed investigation by the Chief.
H.
The recommendation that the charges are either Substantiated, Unsubstantiated,
Unfounded, Exonerated or No Finding shall require a majority vote
of four members.
I.
The recommendation of the CCRB shall be in writing, logged into the
CCRB Command Log, and shall be communicated to the Peekskill Chief
of Police by the Chair.
J.
The CCRB's final written recommendation shall include a narrative
of the discussion, reflecting the concerns and considerations of the
members in reaching their recommendation. The written summary will
also reflect any dissenting opinions presented during deliberations.
K.
The Chief of Police shall advise the Peekskill City Manager acting
as Commissioner of Public Safety, of the CCRB's recommendation.
The decision as whether to pursue disciplinary charges shall be upon
the discretion of the Peekskill City Manager.
L.
In cases where the CCRB's recommendation differs from the Chief's,
the Chair (or if unavailable, the Vice Chair) will accompany the Chief
to meet with the Peekskill City Manager in order to justify why contrasting
conclusions were reached. The Peekskill City Manager may question
the Chair in a manner consistent with the questioning of the Chief
and that inquiry will take place under the supervision of the Peekskill's
Corporation Counsel. The Chair or Chief may request the services of
a Civilian Investigator to review the records and comment.
M.
In no event shall the review by the CCRB impede or otherwise prevent
the filing of disciplinary charges within the applicable statute of
limitations.
N.
The Chief shall advise the CCRB of the resolution of every complaint
and allegation made to the Police Department, every complaint that
has been withdrawn and every final resolution of those respective
cases will be added into the CCRB Command Log. The CCRB shall request
all withdrawals to be in writing and signed by the complainant.
O.
The complainant shall be provided with the results of the CCRB's
review no later than five business days after the matter is concluded.
P.
If the Westchester County DA's office or the Chief upgrades
an active CCRB to a DA's Office and/or criminal investigation,
the Chief shall notify CCRB within five business days. The case shall
no longer be considered reviewable by CCRB and the CCRB Command Log
shall be notated accordingly.
Q.
The CCRB may also issue recommendations to the Chief of Police regarding
the practices, policies, and procedures of the Peekskill Police Department.
A.
Complaints or allegations of misconduct to be considered for review
by the CCRB should be in writing and signed by the complainant(s).
In instances where the civilian making the complaint is unable to
write and/or sign the complaint due to physical disability or any
other inability to read, write, or communicate in English or Spanish,
the Police Department member intaking the complaint will make all
possible efforts to accommodate said complainant by, but not limited
to, recording the complaint as verbally dictated to the intaking member
of the Police Department and attesting as to the veracity of the information
contained therein.
B.
The Police Department will ensure the complaint submission process
complies with the Americans with Disabilities Act.
C.
The Police Department shall accept complaints from a third party
where the actual complainant is under 18 years of age or is mentally
or physically impaired to the extent that the complainant is under
the guardianship of the third party.
D.
The civilian complaint form shall contain the notice: "Pursuant to the Penal Law § 210.45,
it is a crime punishable as a Class A misdemeanor to knowingly make
a false statement herein" underneath the signature line in open view
in English, Spanish or language the civilian complaint report is translated
to. That statute can be fully enforced should the complaint being
signed by the complainant prove to be purposely fictitious.
E.
Complaint forms that clearly state the complaint review process shall
be available at the Police Department and must be offered to every
person with a complaint regarding department personnel.
F.
Complaint forms shall also be available at various community organizations
throughout Peekskill, where people associated with these organizations
have been trained to assist complainants with filling them out.
G.
Complaint forms shall be available in English and Spanish. Complaint
forms may become available in additional languages in the future,
as required by changes in Peekskill's demographics; however,
complaint forms in other languages will be provided upon request.
Written statements by complainants and witnesses are not required
to be completed in English and will be translated to English prior
to review by the Police Department and CCRB.
H.
The Peekskill City Manager and the Police Department will be responsible
for conducting general training programs in the Peekskill community
regarding how the complaint process works, the function of the CCRB,
and the investigative role of the Police Department.
I.
CCRB members and alternate members shall not have direct or indirect
contact with complainants regarding the details of their complaint.
Members and alternate members shall refer any complainant who contacts
them to a community organization, the Police Department, or the Corporation
Counsel to obtain a complaint form and begin the complaint process.
Such direct or indirect contact with complainants may result in the
member or alternate member's removal from the CCRB.
J.
After the conclusion of the investigation, the Corporation Counsel
will contact the complainant and notify them of the disposition of
their complaint and judgement of the officer.
The Chief of Police and the CCRB will develop and issue a public
annual report to summarize:
A.
The number of civilian complaints received during the current year.
B.
The number of complaints found to be substantiated, unsubstantiated,
unfounded, exonerated, resulted in a No Finding or where the CCRB
declined to vote due to insufficient investigation.
C.
Statistical analysis of the classifications of civilian complaints
received, e.g., excessive force, verbal disrespect.
D.
A breakdown of the types of substantiated, unsubstantiated, unfounded
or exonerated complaints and the remedial or disciplinary steps which
resulted.
E.
The number of times when the Chief and the CCRB's recommendations
differed.
F.
Statistical analysis as to the sex, gender, LBGTQ+ status, age, and
racial and ethnic demographics and length of time employed by the
Police Department of the police personnel who were the subject of
complaints during the reporting period, to the extent this information
is available.
G.
Statistical analysis as to the sex, gender, LBGTQ+ status, age, and
racial and ethnic demographics of the persons who filed complaints
during the reporting period, to the extent this information is available.
H.
Statistical comparisons of the prior years' annual reports.
I.
A summary of the total number of complaints against individual officers
who have more than one Substantiated civilian complaint during that
calendar year. CCRB will review all data and outcomes and make yearly
recommendations, or recommendations as needed to the City Manager
and/or Chief on methodologies to reduce civilian complaints.
J.
The annual report will be made public via the City website and other
means deemed appropriate by the City Manager and the CCRB. The publication
of the yearly summary will exclude the names of specific members of
the Police Department that are the subject of complaints.
The CCRB shall adopt rules of procedure for the conduct of its
business by a majority vote of its voting members. Such rules and
any amendments thereto shall be a part of the CCRB's written
record and be made available to the public. The CCRB's rules
of procedure and any amendments thereto shall not conflict with the
provisions of this chapter. Such rules of procedure shall be posted
outside of the City Clerk's office and provided to the Common
Council no later than 10 calendar days after adoption by the CCRB.
The rules of procedure and any amendments thereto shall become effective
45 calendar days after adoption unless revoked, suspended or modified
by the Common Council upon request of an aggrieved party or upon the
Common Council's own motion.
