City of Peekskill, NY Chapter 17 Civilian Complaint Review Board

[HISTORY: Adopted by the Common Council of the City of Peekskill 9-8-2025 by L.L. No. 10-2025.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 17, Civilian Complaint Review Board, adopted 7-18-2022 by L.L. No. 6-2022.

§ 17-1 Legislative intent.

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 decision-making 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.

§ 17-2 Civilian Complaint Review Board established.

Pursuant to the powers and authority granted under § 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 involvement in the review of complaints made against its police personnel in accordance with the policies, procedures, rules, and regulations hereafter set forth.

§ 17-3 Purpose.

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 CCRB'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.

G. The CCRB may issue written reports and recommendations, at its discretion, to the Chief of Police and Common Council 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 of Police 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.

§ 17-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALTERNATE MEMBER

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.

CCRB

The Civilian Complaint Review Board of the City of Peekskill.

CCRB MEMBERS

The Chair, Vice Chair, members of the CCRB, and alternate members.

CHAIR

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.

CHIEF OF POLICE

The Chief Executive Officer of the Peekskill Police Department. The Chief of Police shall not be a member of the CCRB.

CITY

The City of Peekskill.

CIVILIAN INVESTIGATOR

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.

COMMON COUNCIL

The City of Peekskill's elected Council members.

COMPLAINANT

The person making a complaint or allegation regarding the conduct of police personnel.

COMPLAINT

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.

EXONERATED

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.

FINDING

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."

MEMBER

An appointed voting member of the CCRB.

NO FINDING

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.

POLICE DEPARTMENT

The Peekskill Police Department.

POLICE DEPARTMENT INVESTIGATOR

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.

POLICE PERSONNEL

Includes sworn police officers and members of the auxiliary police and parking enforcement of the Peekskill Police Department.

PREPONDERANCE OF THE CREDIBLE EVIDENCE

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.

SECRETARY

The Corporation Counsel or his or her designee shall serve as the Secretary of the CCRB.

SUBSTANTIATED

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.

UNFOUNDED

By a preponderance of the credible evidence the CCRB determines that the alleged act(s) in a complaint did not occur.

UNSUBSTANTIATED

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.

VICE CHAIR

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.

§ 17-5 Selection and appointment.

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 of Police 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, including fingerprint 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) CCRB Members must be willing to receive written civilian complaints.

(2) Disqualifications. Members and alternate members:

(a) Must not be an elected official in Peekskill or be a member of the Peekskill School Board.

(b) Must not be related by blood or marriage to any uniform or civilian member of the Peekskill Police Department.

(c) Must not be an elected representative of the Peekskill Police Union.

(d) Anyone who has been convicted of a crime constituting a felony or any sex offense under any jurisdiction within the United States within the past five years shall be excluded from serving on the CCRB, 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.

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 reappointment.

(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 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, failure to meet training requirements in § 17-6, unexcused absences, 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.

§ 17-6 Training.

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.

(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 of Police.

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 of Police. The amount of time required for said discussions and the number of occasions members and alternate members who will accompany police officers on patrol, shall be agreed upon by the Chair and the Chief of Police.

E. A community orientation session sponsored by the Peekskill City Council that will be held to educate members of the public on the role of the CCRB and to 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 Peekskill 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.

§ 17-7 Schedule of meetings.

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 10-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.

C. The CCRB will meet with the administrative or Internal Affairs Unit/Administrative Lieutenant on a monthly basis, on a schedule to be determined by the Chairperson. The Chief of Police or Internal Affairs Lieutenant will present completed internal investigations to the CCRB for review, as set forth herein. Neither the Chief of Police nor the Internal Affairs Unit/Administrative Lieutenant shall be present at the meeting when the CCRB votes on its final recommendation as described in § 17-12.

§ 17-8 Confidentiality.

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, personnel or other records related to the investigation of the complaint shall be furnished by the Chief of Police to the CCRB to be reviewed. Members and alternate members shall not make any copies, remove or retain any records provided during the investigation. All documents related to a police officer's health, medical or otherwise, shall not be provided to the CCRB.

C. All 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 non-member, nor allow any non-member 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. Members and alternate members shall conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CCRB and refrain from making any prejudicial comments with respect to the Board, complainants or police officers.

G. The Peekskill City Manager shall not attend any meetings of the CCRB when investigations are under review or are being discussed.

§ 17-9 Conflict of interest.

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.

B. A conflict of interest occurs in instances that include, but are not limited to, where a CCRB member is:

(1) The complainant;

(2) The subject of the complaint;

(3) A witness to an incident that is the subject of a complaint;

(4) Has any professional, personal or financial relationship with any complainant, witness or police officer involved in an incident under review by the CCRB;

(5) Is the attorney or other legal representative, or works for the same law firm as the attorney or other legal representative, for the complainant or the officer who

(6) Is the subject of the complaint; or

(7) Is an officer in an organization that has assumed an advocacy position in the specific incident under review.

C. 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.

§ 17-10 Quorum.

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.

§ 17-11 Scope of review.

A. Review of complaints.

(1) All complaints submitted in writing and filed with the Police Department shall be subject to review by the CCRB.

(2) Exceptions. The CCRB shall not review the following complaints:

(a) Complaints during an ongoing criminal investigation against a police officer or complainant.

(b) Complaints while matters or criminal investigations related to the complaint, officer or complainant are pending.

(c) Complaints involving a filed and pending civil action related to the complaint.

(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.

(3) In the event that a complaint is not subject to review for the reasons stated in Subsection A(2), 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 with a named complainant in the following manner:

(1) Complainants may submit a written complaint either directly to CCRB members or the Police Department.

(2) 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.

(3) The Chair shall forward any complaints submitted to the CCRB to the Chief of Police or administrative/internal affairs lieutenant as well as the Corporation Counsel no later than five business days after their receipt.

(4) The Chief of Police or administrative/internal affairs lieutenant will advise the Chair of all complaints received directly by the Police Department within five business days of receipt, and any such complaint shall also be entered in the CCRB Command Log.

(5) A chronological complaint number shall be assigned to every logged complaint.

(6) 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.

(7) Within three business days of receipt of a 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.

(8) The review and/or investigation of complaints by the Chief of Police and/or or administrative/internal affairs lieutenant shall begin within 10 calendar days of the receipt of the complaint by the Police Department The Police Department shall endeavor to complete its investigation 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 of Police and/or administrative/internal affairs lieutenant shall advise the Chair, preferably in writing, that additional time is needed to complete the investigation and provide an approximate date by which it is expected that the investigation will be completed.

(9) The Chief of Police and/or or administrative/internal affairs lieutenant 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.

(10) The Chief of Police and/or or administrative/internal affairs lieutenant 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.

(11) 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, unless such documents are medical or would violate the personal privacy of the police officer.

(12) 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).

(13) The CCRB shall assess whether the conclusions reached by the Chief of Police and/or the or administrative/internal affairs lieutenant are consistent with the information gathered during the investigation and whether the proposed command discipline, if any, is appropriate.

(14) Police Department record retention policies should provide that, to the extent possible, 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 of Police 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. However, anonymous complaints will not receive as much consideration as named complaints due to the inability to question the complainant.

D. The 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.

§ 17-12 Recommendations.

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 of Police.

C. The Chief of Police may either conduct the further investigation suggested by the CCRB or advise the CCRB no later than five business days following receipt of the CCRB's recommendation that no additional investigation will be taking place. The Chief of Police 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 of Police 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 Corporation Counsel and Common Council shall be so advised.

E. If the CCRB believes unacceptable results to the investigation of a case have been 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 Corporation Counsel to determine if such material can be obtained.

F. Upon completion of any additional investigation requested by the Board, and the reporting of any additional information by the Chief of Police 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 of Police within 30 days of the presentation of the completed investigation by the Chief of Police or administrative/internal affairs lieutenant, unless additional time is needed due to a request for further investigation.

H. The recommendation that the complaint is 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 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 Chair shall advise the City of Peekskill Corporation Counsel of the CCRB's recommendation. The decision as whether to pursue disciplinary charges shall be in the sole discretion of the Chief of Police.

L. In cases where the CCRB's recommendation differs from the Chief of Police's, the Chair (or if unavailable, the Vice Chair) will accompany the Chief of Police to meet with the Mayor or other member(s) of the Common Council in order to evaluate why contrasting conclusions were reached. The Mayor or other member(s) of the Common Council may question the Chair in a manner consistent with the questioning of the Chief of Police and that inquiry will take place under the supervision of the Peekskill's Corporation Counsel.

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 of Police 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 final recommendation 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 of Police upgrades an active CCRB to a DA's Office and/or criminal investigation, the Chief of Police 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.

§ 17-13 Complaint process.

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. Other than receiving a complaint as described in § 17-11B(1), individual CCRB members and alternate members shall not have direct or indirect contact with complainants regarding the details of their complaint. The CCRB as a board may question complainants during the course of its investigation. Members and alternate members shall refer any complainant who contacts them after filing a complaint to the Corporation Counsel to obtain information about the complaint process. Such direct or indirect contact with complainants, aside from the receipt of a complaint, 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.

K. The CCRB shall issue a public report on every complaint after the Police Department's internal investigation and the CCRB's review are complete. Each case report shall include:

(1) A summary of the incident leading to the complaint, the allegations contained in the complaint, and the response of the involved officer(s).

(2) A summary of the Police Department's internal investigation.

(3) The results of the CCRB's review of the internal investigation, including majority and minority opinions if the CCRB's opinion is not unanimous.

(4) The discipline imposed.

(5) Names of the complainant, the involved officer(s), and witnesses shall be redacted from public case reports as needed to protect their confidentiality.

§ 17-14 Annual report.

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 of Police 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 of Police 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.

§ 17-15 Rules of procedure.

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.