For purposes of this part, the following words and phrases shall
have the meanings described in this section:
APD
The City of Albany Police Department.
CHIEF
The Chief of Police of the Albany Police Department.
COMPLAINT
A statement concerning police conduct which is either submitted
to the Community Police Review Board for filing with the Albany Police
Department or filed directly with the Albany Police Department.
CPRB
The Community Police Review Board.
EMPLOYEES
Within this part, employees shall mean individuals hired
by the Albany Common Council, or their designee, who shall be responsible
for performing tasks assigned to them by the Program Director and
as within their responsibilities per the determination of the Civil
Service Commission, but shall not mean the members of the Community
Police Review Board.
GENDER
Shall have the same meaning as set forth in §
48-25 (Definitions) of Article
III (Omnibus Human Rights Law) of Chapter
48 (Equal Opportunity Protections) of this Code.
MEDIATION
A structured dispute resolution process in which a neutral
third party assists the disputants by facilitating a nonbinding intervention.
OFFICER
Any sworn police officer of the City of Albany Police Department
affected by an individual's complaint.
PROGRAM DIRECTOR
An individual hired by the Albany Common Council or their
designee, to act as the director of the day-to-day operations of the
Community Police Review Board to serve at the pleasure of the Common
Council and at the direction of the Community Police Review Board.
CPRB members may be removed at any time for cause by a two-thirds
vote of the Common Council. Any vacancy occasioned by resignation,
death or removal of a member shall be filled within 60 days in the
same manner as the predecessor to fill the unexpired term.
Five members of the CPRB shall constitute a quorum. Five votes
shall be required for any action.
The CPRB shall adopt, and the Common Council shall approve,
rules and bylaws for the transaction of CPRB affairs, including the
manner of calling and giving notice of special meetings and the appointment
and duties of any special committees.
At the conclusion of its review, the CPRB shall make its finding
known to the Chief, the affected officer and the complainant within
30 days. The Chief of Police shall review the Department's preliminary
report in light of the CPRB's finding and then make the Department's
final determination known to the CPRB, the affected officer and the
complainant. In the event that the Department's final determination
is inconsistent with the CPRB's finding, the CPRB may request
that the Chief provide a written explanation of the Department's
final determination.
Upon the written recommendation of the Corporation Counsel,
the Common Council and the Mayor concurrently may suspend the CPRB
review of any complaint where a separate criminal investigation is
underway or where a civil action against the City is underway or pending.
Upon the conclusion of such separate proceedings, the CPRB may resume
or undertake its review.
The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in §
42-344 of this Part concerning an incident or police practice subject to a complaint.
The CPRB shall inform the public about the CPRB and its duties.
It shall develop and administer an ongoing program for the education
of the public as to the mission and purposes of the CPRB process and
the law established by this part, which shall include the use of informational
pamphlets and seminars.
The purposes of this part favor resolution of ambiguity toward
the goal of promoting public documentation and openness in the resolution
of complaints of misconduct by police officers. This part shall be
deemed to supersede and repeal any and all provisions of local laws
or local administrative orders which are inconsistent or conflict
with any provisions of this part. No report, finding or determination
made pursuant to this part shall in any way conflict with or abridge
the rights of complainants or officers guaranteed by the United States
Constitution, the New York State Constitution or any federal or state
law, rule, regulation or administrative order.
If any clause, sentence, paragraph, sections or part of this
part shall be adjudged by any court of competent jurisdiction to be
invalid or otherwise unenforceable, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, sections or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.