[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 7-25-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
[Amended 2-15-2023 by L.L. No. 1-2023]
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 a
strictly internal system within the Police Department may be expedient,
it can leave community concerns about the effectiveness and integrity
of investigations unanswered. In 2000, the Board of Trustees determined
that in order to provide for civilian participation in the complaint
review process it was in the best interest of the Village of Ossining
to establish a Civilian Police Complaint Review Board and promulgate
policies, procedures, rules and regulations for the operation thereof.
This chapter was adopted as Local Law 1-2000 in order to promote public
confidence in the ability of the Village of Ossining 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 Civilian Police Complaint Review Board was one step
in building a partnership between the police and the community based
on trust and mutual respect.
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 Ossining a working committee consisting
of members of the public, 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 in large part
by the Board of Trustees included proposed revisions to the Civilian
Police Complaint Review Board. As noted in Recommendation 1 of the
working committee, "External oversight is effective because it builds
trust in and further legitimacy in OPD's own internal accountability
process, while retaining officer due process. The idea behind a civilian
board's effectiveness is simple: If a community member's own peers
independently come to the same conclusion as the police department,
then doubts as to whether it [the investigation of a complaint] was
conducted appropriately and fairly are greatly reduced."
C.
Nothing contained herein shall in any way limit the
ability of the Village Board to amend or repeal this local law creating
the Civilian Police Complaint Review Board and the rules of procedure
adopted by the Civilian Police Complaint Review Board.
[Amended 2-15-2023 by L.L. No. 1-2023]
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 the Village
of Ossining a Civilian Police Complaint Review Board (hereinafter
designated as the "CPCRB" or "Board") to provide for civilian participation
in the review of investigation of complaints made against Village
of Ossining police personnel in accordance with this chapter, any
amendments thereto and rules of procedures adopted by the CPCRB.
[Amended 2-15-2023 by L.L. No. 1-2023]
A.
The Board of Trustees of the Village created a Civilian
Police Complaint Review Board comprised of members who will conduct
the business of the Civilian Police Complaint Review Board in a comprehensive,
fair and impartial manner.
B.
The mission of the CPCRB 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 manual may be revised, amended
and/or supplemented from time to time.
C.
The procedures set forth in this local law provide
for an impartial, prompt and independent review of investigations
of complaints against police personnel 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 written complaint as detailed herein.
F.
The CPCRB will advise the Chief of Police and the
civilian investigator, where applicable, whether or not, in the CPCRB's
opinion, a complaint should be found Substantiated, Unsubstantiated,
or Unfounded, Exonerated or if the CPCRB issues "no finding" as those
terms are defined herein. The CPCRB may include in its advice to the
Chief of Police whether disciplinary charges should be brought against
the department member.
G.
The CPCRB may issue written reports and recommendations,
at its discretion, to the Chief of Police and the Village Board regarding
the policies and procedures of the Police Department, based on the
CPCRB'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 CPCRB members shall become familiar with the policies
and procedures described in this chapter and the rules of procedure
and shall be responsible for strictly complying with them.
As used in this chapter, the following terms
shall have the meanings indicated:
An appointed member of the CPCRB who serves when a voting
member is unavailable to review a case based on a conflict of interest,
absence, disqualification or otherwise cannot vote on a matter before
the CPCRB. Alternate members will undergo the same training described
herein as required for voting CPCRB members. An alternate member shall
have all of the rights, privileges and responsibilities of a voting
member of the CPCRB. 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 CPCRB including executive sessions, shall participate in all
presentations to and deliberations by the CPCRB and shall substitute
for a voting member who has recused himself or herself, is otherwise
precluded from consideration of a complaint or otherwise unable to
participate in a meeting. An alternate member shall not vote or count
toward a quorum unless the alternate member is substituting for a
voting member. Insofar as practicable, service by an alternate member
shall rotate among the alternate members.
[Amended 2-15-2023 by L.L. No. 1-2023]
A voting member of the CPCRB appointed by the Board of Trustees
for a one-year term effective January 1. 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 CPCRB and shall perform all duties as prescribed in this chapter
and the rules of procedure adopted by the CPCRB.
[Amended 2-15-2023 by L.L. No. 1-2023]
The chief executive officer of the Ossining Police Department.
[Amended 2-15-2023 by L.L. No. 1-2023]
An investigator appointed by the Board of Trustees, upon
the request of the CPCRB to investigate and attempt to verify complaints.
The Board of Trustees shall determine the qualifications of Civilian
Investigators prior to appointment.
[Added 2-15-2023 by L.L. No. 1-2023]
Any penalty imposed directly by the Chief of Police or designee
to sanction officers under his/her command for the purpose of correcting
minor offenses or infractions of department rules, regulations and
procedures and to maintain discipline within the Police Department.
Command Discipline may include counseling, reprimand or a loss of
time not to exceed five days.
[Added 2-15-2023 by L.L. No. 1-2023]
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.
[Amended 2-15-2023 by L.L. No. 1-2023]
The Civilian Police Complaint Review Board of the Village
of Ossining.
[Added 2-15-2023 by L.L. No. 1-2023]
By a preponderance of the credible evidence the CPCRB determines
that the alleged act(s) occurred but did not constitute a violation
of the Police Department's rules, regulations and procedures.
[Added 2-15-2023 by L.L. No. 1-2023]
The written determination by the CPCRB of the Police Department's
and where applicable Civilian Investigator's investigation which determination
will be that the allegations in the complaint were substantiated,
unsubstantiated, unfounded, exonerated or that the CPCRB issued a
"no finding."
[Amended 2-15-2023 by L.L. No. 1-2023]
A parent, sibling, spouse or child of a person or any members
of a person's immediate household.
[Added 2-15-2023 by L.L. No. 1-2023]
An appointed voting member of the CPCRB. Reference in this
chapter to members shall include voting members and alternate members.
[Amended 2-15-2023 by L.L. No. 1-2023]
When the CPCRB reports that it is unable to reach a finding,
including, but not limited to, the complainant failed to produce requested
information to further the investigation; the investigation revealed
that another agency was responsible for the handling of the complaint
or the complainant was referred to that agency; the complainant withdrew
the complaint; the complainant was unable to clarify issues relating
to the complaint; or the police personnel who was the subject of the
complaint is no longer employed by the Village.
[Added 2-15-2023 by L.L. No. 1-2023]
Sworn police officers and members of the auxiliary police
of the Ossining Police Department.
[Amended 2-15-2023 by L.L. No. 1-2023]
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.
[Added 2-15-2023 by L.L. No. 1-2023]
The Corporation Counsel shall serve as CPCRB Secretary. The
Secretary shall prepare meeting minutes, schedule meetings, prepare
agendas, take attendance, maintain documents regarding required training
for members and alternate members secure written documents prepared
by the CPCRB, ensuring that only CPCRB members attend meetings and
perform other responsibilities at the direction of the Board of Trustees
and/or CPCRB Chair.
[Added 2-15-2023 by L.L. No. 1-2023]
By a preponderance of the credible evidence the CPCRB determines
that the alleged act(s) in a complaint occurred and that the alleged
act(s) violated the Police Department's rules, regulations and procedures.
[Amended 2-15-2023 by L.L. No. 1-2023]
By a preponderance of the credible evidence the CPCRB determines
that the alleged act(s) in a complaint did not occur.
[Amended 2-15-2023 by L.L. No. 1-2023]
By a preponderance of the credible evidence the CPCRB 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.
[Amended 2-15-2023 by L.L. No. 1-2023]
A voting member appointed by the Board of Trustees for a
one-year term 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 CPCRB.
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.
[Amended 2-15-2023 by L.L. No. 1-2023]
The Village of Ossining.
The Board of Trustees of the Village of Ossining. The members
of the Village Board serve as the Board of Police Commissioners, pursuant
to New York Unconsolidated Laws § 5711-q.
[Amended 2-15-2023 by L.L. No. 1-2023]
[Amended 8-5-2003 by L.L. No. 4-2003; 12-20-2017 by L.L. No. 9-2017; 2-15-2023 by L.L. No. 1-2023]
A.
Membership. The CPCRB shall have five voting members
and two alternate members appointed by the Village Board. Four voting
members and one alternate member shall be residents of the Village
of Ossining. One voting member and one alternate member shall be residents
of the unincorporated area of the Town of Ossining and shall be recommended
to the Board of Trustees by the Town Council of the Town of Ossining.
Residents of the unincorporated area of the Town of Ossining are eligible
for CPCRB membership so long as the Ossining Police Department provides
police services to the unincorporated area. Should the Ossining Police
Department cease to provide police services to the unincorporated
area, the terms of office of the CPCRB members from the unincorporated
area of the Town of Ossining will end. In such event, the Board of
Trustees shall fill the vacant positions in accord with this chapter.
The Village Board shall endeavor to reflect the diversity of the Village
of Ossining in the appointments to the CPCRB including income level,
race, ethnicity, age, gender, sexual orientation and experience. Police
personnel may not be appointed as members or alternate members of
the CPCRB. The Chief of Police shall appoint two police personnel
to the CPCRB to provide assistance to the CPCRB. The Chief of Police
shall not appoint him/herself to the CPCRB. The appointed police personnel
may attend presentations to the CPCRB on investigations of complaints
unless the appointed police personnel is the subject of the complaint,
witness to the incident which is the subject of the complaint or related
by blood or marriage to the complainant or police personnel subject
of the complaint. The appointed police personnel may not participate
in or attend the CPCRB's deliberations including voting on recommendations.
The appointed police personnel shall not count toward a quorum.
B.
CPCRB members
shall serve without compensation and will be reimbursed for expenses
in accord with the Village's Reimbursement Policy.
C.
Responsibilities of the Chair. The Chair shall call
meetings of the CPCRB, preside at meetings, communicate with the Chief
and Civilian Investigator as necessary and otherwise follow this chapter
and such rules of procedure as are adopted by the CPCRB. Should the
Chair be unavailable to perform his/her responsibilities, the Vice-Chair
shall perform such duties. The CPCRB Chair may request the appointment
of a Civilian Investigator by the Village Board to assist with a particular
complaint review, including interviewing complainants, police personnel
and witnesses, reviewing records and providing a report to the CPCRB.
On or about December 1 or at such other time as deemed necessary,
the Chair shall notify the Village Board, in writing, of the CPCRB
members and alternate members who have not complied with the attendance
and/or training requirements.
D.
Criteria for members, alternate members, and appointed
police personnel to the CPCRB.
(1)
Qualifications.
(a)
Members and alternate members must be residents of the Village of Ossining except as stated in § 8-5A.
(b)
Appointed police personnel must be employed full-time
by the Village of Ossining Police Department.
(c)
CPCRB members and alternate members must agree to
a full criminal background check.
(d)
CPCRB members and alternate members must sign a confidentiality
oath as follows, "I ________ hereby swear to keep all matters pertaining
to the work of the Village of Ossining Civilian Police Complaint Review
Board (CPCRB) confidential and never to communicate said matters with
any person other than the CPCRB or the Corporation Counsel while a
member of the CPCRB or at any time after my term has expired."
(e)
CPCRB members and alternate members must comply with
all training requirements.
(f)
CPCRB members and alternate members must be 18 years
of age old or older.
(2)
Disqualifications.
(a)
Prospective members may not serve and current members
may not continue on the CPCRB if they have been convicted of a felony;
or have been incarcerated in the past five years; or have been on
probation or parole in the past five years.
(b)
CPCRB members and alternate members shall not be elected
officials, or employees of the Village of Ossining or Town of Ossining
or an immediate family member of such elected official or employee.
E.
Terms of appointment.
(1)
Members and alternate members shall be appointed for
two-year terms beginning on January 1. Members and alternate members
may be appointed to a maximum of four consecutive terms (eight years).
If the member or alternate member has served for four consecutive
terms, the member or alternate member must wait at least one year
before applying for reappointment.
[Amended 8-5-2003 by L.L. No. 4-2003; 12-20-2017 by L.L. No. 9-2017]
(2)
If the
Board of Trustees is unable to appoint a new member or alternate member
to the CPCRB as a result of a lack of qualified candidates or an insufficient
number of qualified candidates, the Village Board, 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 CPCRB member or alternate member whose term ended
less than one year before.
(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 a member resigns or is removed from the CPCRB,
an alternate member will be appointed by the Village Board to serve
for the remainder of the member's term.
(5)
If an
alternate member resigns, is removed from the CPCRB or is appointed
by the Village Board to complete the term of a voting member, the
Village Board shall appoint a new alternate member to serve for the
remainder of the alternate member's term.
(6)
All members and alternate members of the CPCRB shall be required to attend a minimum of 75% of the CPCRB meetings scheduled within a calendar year. Noncompliance with minimum requirements relating to attendance at CPCRB meetings shall be deemed a proper cause for removal by the Village Board in addition to the grounds for removal set out in § 8-5F.
[Added 12-20-2017 by L.L.
No. 9-2017]
(7)
Notwithstanding the foregoing attendance requirements, the failure
of a CPCRB member or alternate members to attend the required percentage
of meetings shall not affect the member's or alternate member's authority
to consider and vote on complaints considered by the CPCRB or the
validity of such member's or alternate member's actions as a CPCRB
member. No action of the CPCRB will be voided or declared invalid
as a result of a member's or alternate member's failure to comply
with the annual attendance requirement.
[Added 12-20-2017 by L.L.
No. 9-2017]
F.
Grounds for removal.
(1)
Members and alternate members of the CPCRB are appointed
by the Village Board and may be removed by a majority vote of the
Village Board, following a hearing on the allegations, upon a written
recommendation by either the Chair or Vice Chair and two CPCRB members
or alternate members or by direct motion of the Village Board. The
member or alternate member for whom a recommendation of removal has
been presented to the Village Board, 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 or alternate member will be suspended from participation
in CPCRB 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 § 8-5C, failing to comply with the requirement of this chapter and/or the rules of procedure promulgated by the CPCRB, failing to meet attendance requirements, and other reasons for cause.
(3)
A breach of the confidentiality of any information
regarding an investigation under review by the CPCRB shall be grounds
for dismissal by the Village Board, following a hearing on the allegations,
and constitute a violation of local law that may subject the member
or alternate member to civil and/or criminal liability.
[Amended 2-15-2023 by L.L. No. 1-2023]
B.
A comprehensive core training cirriculum will be provided
to each CPCRB member, and alternate members by the Ossining 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
Ossining Police Department on topics, including, but not limited to:
(1)
The Ossining Police Department's disciplinary process.
(2)
The Ossining Police Department's 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 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 recruitment and training process.
(7)
Section 5711-q of New York's Unconsolidated Laws.
(8)
Selected sections of New York's Vehicle and Traffic
Law, Penal Law and Criminal Procedure Law.
(9)
The Ossining
Police Department's approach to community policing.
(10)
Procedures
for handling emotionally disturbed persons and the use of the Mobile
Crisis Response Team (MCRT).
(11)
Human
relations training, with particular focus on cultural diversity issues.
(12)
Response
to domestic violence complaints.
(13)
Issues
related to allegations of police misconduct.
(14)
Other
issues related to civilian/police contacts deemed relevant by the
Chair in consultation with the Chief.
D.
The training listed in Subsection C should be completed within six months after the member or alternate member is appointed to the CPCRB or as soon thereafter as is practicable. Noncompliance with the above-described training requirements shall be deemed a proper cause for removal from the CPCRB by the Village Board.
E.
All CPCRB members an 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 times members and alternate members will accompany police
officers on patrol, shall be agreed upon by the Chair in consultation
with the Chief of Police.
[Amended 2-15-2023 by L.L. No. 1-2023]
A.
The CPCRB will meet at least monthly, on a schedule
determined by the Chair. A minimum of 10 calendar days' notice will
be provided to all CPCRB members, including alternate members and
non-voting police personnel; provided, however, that emergency meetings
may be called by the Chair when required and that such minimum notice
may be waived in the event that the Chair and a majority of the CPCRB
voting members determine that an emergency exists and that such notice
is not practicable.
B.
In the absence of any complaints to review, the meeting
will be used for training and continuing education purposes.
C.
The Corporation
Counsel shall attend every meeting of the CPCRB and shall serve as
the legal advisor and Secretary to the CPCRB. If a stenographer or
recording device is used, the Corporation Counsel shall review the
transcript and prepare minutes that accurately summarize the material
matters discussed and determined by the CPCRB. The minutes shall recite
the votes of each member taken by roll call vote.
D.
The CPCRB
may conduct its meetings remotely via a secure internet connection
or at Village-owned locations, including, but not limited to, Ossining
Police Department Headquarters, the Municipal Building, Community
Center and Operations Center.
E.
All CPCRB
members will attend an annual meeting conducted by the Village Board
to educate members of the public on the role of the CPCRB and to enable
CPCRB members and the Village Board to hear differing perspectives
regarding police/civilian interactions.
[Amended 2-15-2023 by L.L. No. 1-2023]
A.
Those portions of the CPCRB meetings where complaints
are discussed including any follow up investigation and votes on recommendations
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.
Police Department documents related to the investigation
of complaints shall be reviewed by the CPCRB, but no copies will be
retained by members and alternate members.
C.
Any documents related to the deliberations and recommendations
of the CPCRB, including notes of CPCRB members and alternate members,
shall be collected and secured by the Corporation Counsel at the end
of each meeting.
D.
Members and alternate members of the CPCRB shall not
discuss complaint investigations with any nonmember, with the exception
of the assigned Civilian Investigator where applicable nor allow any
nonmember to discuss any information relevant to a pending complaint
with them. When meetings are conducted remotely, the members, alternate
members, police personnel, Corporation Counsel and, where applicable,
the assigned Civilian Investigator shall take such measures to ensure
that nonmembers do not observe or listen to the meetings and that
the meetings are not recorded.
E.
Because members of the Village Board serve as police
commissioners, and therefore would be required to conduct any disciplinary
hearings arising out of complaints reviewed by the CPCRB resulting
in disciplinary charges, Village Board members shall not attend meetings
of the CPCRB when investigations are under review.
[Amended 2-15-2023 by L.L. No. 1-2023]
A.
When a complaint investigation before the CPCRB presents
an actual or potential conflict of interest for a CPCRB member or
alternate member, as determined by the member or alternate member
or by the Chair or Vice Chair and two other members including alternate
members following discussion with the Corporation Counsel, the 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 CPCRB 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.
CPCRB 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 CPCRB that
may be the basis for a conflict of interest.
[Amended 8-5-2003 by L.L. No. 4-2003; 2-15-2023 by L.L. No. 1-2023]
In order for the CPCRB to conduct its affairs,
four of the five members must be in attendance. All actions taken
by the CPCRB shall require three votes.
[Amended 2-15-2023 by L.L. No. 1-2023[1]]
A.
Complaints or allegations of misconduct, to be considered
for review by the CPCRB, should be in writing, signed by the complainant
and submitted within 120 calendar days of the incident forming the
basis for the complaint. Complaints received more than 120 calendar
days after the underlying incident will be accepted but not investigated.
Complainants may submit a written complaint to the CPCRB via the Corporation
Counsel, to the Police Department, and to the Village Clerk. The CPCRB
will accept complaints submitted through the CPCRB's website and by
such other methods as the CPCRB may determine. Complaints shall be
acknowledged by a letter from the Corporation Counsel on behalf of
the CPCRB. The letter shall be mailed to the complainant at the address
provided on the complaint within three business days of receipt.
B.
In instances
where the complainant 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 staff member receiving the
complaint will make all possible efforts to accommodate the complainant
by, and not limited to, recording the complaint as verbally dictated
to the staff member and attesting to the truth of the information
contained therein.
C.
Complaints
shall be accepted 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.
Complaint forms that detail the complaint review process
shall be available at the Ossining Police Department, Village Clerk's
office, Community Center and Operations Center and other locations
designated by the CPCRB, including community organizations, houses
of worship and the Ossining Public Library. Complaint forms shall
be offered to every person with a complaint regarding police personnel.
E.
The complaint form shall include the following statement,
"Filing this complaint does not prevent you from filing a lawsuit
for injury or damages. Filing a false complaint could expose you to
prosecution for perjury." This statement shall appear underneath the
signature line in open view in English, Spanish or the language the
complaint form is translated into.
F.
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 Village demographics. Written
statements by complainants and witnesses are not required to be completed
in English and will be translated prior to review by the Police Department
and CPCRB.
G.
An ongoing general training program shall be conducted
in the community by the CPCRB and the Police Department regarding
the complaint process, the function of the CPCRB and the investigation
of complaints.
H.
Except to the extent indicated herein, CPCRB 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 CPCRB.
I.
Police Department
record retention policies should provide that department records,
including, but not limited to, reports, bodycam footage, etc., shall
be maintained for 150 days from the incident date to allow for records
to be available should a complaint be filed.
[Amended 2-15-2023 by L.L. No. 1-2023[1]]
A.
Review of complaints.
(1)
Exceptions. The CPCRB shall review all written complaints,
except:
(a)
Complaints during an ongoing criminal investigation
against the police department member who is the subject of the complaint
or the complainant.
(b)
Complaints while criminal charges are pending.
(c)
Complaints involving a filed civil action brought
by or on behalf of the complainant relating to the allegations in
the complaint.
(d)
Cases
referred directly to the Ossining Police Department's Internal Affairs,
the Westchester County District Attorney's Office or the Special Prosecutor's
Office from an agency of the federal government due to the severity
of the charges alleged against a member of the Police Department.
(3)
In the event that a complaint is not subject to review for the reasons stated in Subsection A(1), the complaint will be acknowledged and a letter will be sent to the complainant as soon as practicable advising that the CPCRB will not be reviewing the complaint at that time and specifying the reason why the complaint is not being reviewed.
B.
The CPCRB shall review all written complaints pursuant
to the following procedure:
(1)
The Corporation Counsel shall enter all complaints
received in a log prior to forwarding the complaint to the Chief of
Police for commencement of the investigation.
(2)
The Corporation Counsel shall forward complaints to
the Chief of Police no later than three business days after receipt.
(3)
The Chief of Police will advise the CPCRB Chair and
Corporation Counsel of all complaints received directly by the Police
Department within three business days of receipt, and said complaint
shall also be entered in the CPCRB log maintained by the Corporation
Counsel.
(4)
A chronological number shall be assigned to every
logged complaint.
(5)
The CPCRB will review the log book at every monthly
meeting to ensure that complaints are being investigated and reviewed
in a timely manner.
(6)
The Police Department assigned investigator shall
conduct the initial investigation of all complaints in accordance
with the policies and general orders of the Village and the Police
Department.
(7)
The
investigation of complaints by the assigned Police Department investigator
shall begin within five calendar days after receipt of the complaint
by the Police Department. The investigation shall be concluded within
30 calendar days of receipt of the complaint by the Police Department.
If additional time to complete the investigation is needed, the assigned
Police 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.
(8)
All
CPCRB investigations must be resolved within three months of the date
of the complaint unless extenuating circumstances prevent the completion
of the investigation.
(9)
The assigned Police Department investigator shall
present the results of the Department's investigation, including any
recommendation for command discipline to the CPCRB, along with all
supporting documents.
(10)
The complete file of the Police Department investigation
related solely to the complaint being investigated shall be presented
to the CPCRB and where applicable the assigned Civilian Investigator
for review.
(11)
The CPCRB shall review the investigation conducted by the Police Department assigned investigator to determine if the investigation is sufficient employing a "preponderance of the credible evidence standard" in evaluating the complaint and whether the officer involved committed the alleged act(s). As detailed in § 8-13, the CPCRB may request that the Village Board authorize the retention of a Civilian Investigator to assist in determining whether the Police Department investigation is sufficient to allow the CPCRB to issue a recommendation.
(12)
The CPCRB shall assess whether the conclusions reached
by the investigator are consistent with the information gathered in
the course of the investigation and whether the proposed discipline,
if any, is appropriate.
C.
In addition to reviewing all written and signed complaints,
the Chief of Police will review with the CPCRB all unwritten and/or
anonymous complaints regarding sworn police officers and members of
the Police Auxiliary received by the Police Department, and the disposition
of any unwritten or anonymous complaints.
D.
The CPCRB
shall have complete access to all body camera footage and any other
video, audio or any other recordings related to the investigation
of the complaint.
[Added 2-15-2023 by L.L. No. 1-2023]
A.
During the
Police Reform and Reinvention Collaborative process followed by discussions
with the CPCRB and the Police Reform Advisory Committee (PRAC), the
Village Board heard about the need that investigations of complaints
against police personnel be conducted by an outside investigator,
not affiliated with the Ossining Police Department. The Village Board
believes that a pilot program is warranted using a Civilian Investigator
to assist the CPCRB in conducting reviews of selected investigations
against police personnel filed through December 31, 2024. The Village
Board reserves the right to extend the process detailed herein beyond
December 31, 2024, or to otherwise revise the process.
B.
The Civilian
Investigator will provide assistance to the CPCRB by: a) reviewing
the investigation undertaken by the Police Department assigned investigator;
b) conducting additional investigation as requested by the CPCRB Chair
with the concurrence of a majority of the CPCRB members, such investigation
may include, but not be limited to, reviewing records, interviewing
complainants, police personnel and witnesses; and c) such other assistance
as requested by the CPCRB Chair.
C.
The Village Board will determine the criteria for the Civilian Investigator, which criteria shall include knowledge of the core criteria referenced in § 8-6B and familiarity with the policies and procedures of the Ossining Police Department. Before a Civilian Investigator is selected to assist the CPCRB, that investigator shall conduct a conflict check and confirm, in writing, that he or she has no conflict of interest with regard to the particular complaint. If a conflict is discovered after the Civilian Investigator is assigned, the investigator shall notify the CPCRB Chair and Corporation Counsel of the conflict, in writing, within one calendar day of learning of the conflict. Failure to notify the CPCRB Chair and/or Corporation Counsel of a conflict of interest either before assignment or thereafter will result in the Civilian Investigator's removal from the list of available Civilian Investigators. The Civilian Investigator will sign a confidentiality statement similar to that in § 8-5D(1)(d).
D.
Where a
majority of the CPCRB members request the appointment of a Civilian
Investigator, this request will be noted in the meeting minutes. The
CPCRB Chair and Corporation Counsel will present the request for a
Civilian Investigator to the Village Board in Executive Session at
the next Village Board meeting. By a majority vote of the full Board,
the Village Board will approve or reject the request for the appointment
of a Civilian Investigator.
[Amended 2-15-2023 by L.L. No. 1-2023[1]]
A.
After a complete review of the Police Department investigation
of a written complaint, and, where applicable the review by the assigned
Civilian Investigator the CPCRB shall confer and vote on whether to
find the allegations in the complaint Substantiated, Unsubstantiated,
Unfounded, that the complained of police personnel member is Exonerated
or that no finding can be issued.
B.
If the CPCRB and/or the assigned Civilian Investigator
believe further investigation is necessary, the Chair shall communicate
the request, in writing, to the Chief of Police and the Corporation
Counsel within three business days. This additional investigation
may include members of the CPCRB with the assistance of the assigned
Civilian Investigator interviewing the complainant, complainant's
witnesses and involved police personnel.
C.
The Chief of Police may direct the assigned Police
Department investigator to conduct the further investigation requested
by the CPCRB and/or assigned Civilian Investigator or advise the CPCRB,
assigned Civilian Investigator and Corporation Counsel no later than
three business days following receipt of the request for additional
investigation that no additional investigation will be undertaken
by the Police Department. The Chief of Police and the CPCRB 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 direct the requested further investigatation, the CPCRB may proceed to vote that the complaint is substantiated, unsubstantiated, unfounded, exonerated or that no finding can be made or decline to do so on grounds of insufficient investigation. In the event that the CPCRB declines to vote on grounds of insufficient investigation, the CPCRB may request that a Civilian Investigator be appointed to conduct the requested investigation, review the Police Department investigation and provide a report to the CPCRB. The CPCRB request for the appointment of a Civilian Investigator shall be made in writing to the Board of Trustees no later than five business days after receipt of notification from the Chief of Police that no additional investigation shall be undertaken by the Police Department. The process for the retention of a Civilian Investigator is detailed in § 8-13D.
E.
Upon completion of any additional investigation requested
by the CPCRB and/or assigned Civilian Investigator, and the reporting
of any additional information by the Chief of Police and/or assigned
police investigator and the assigned Civilian Investigator, the CPCRB
shall reconsider the complaint for the purpose of issuing a final
recommendation.
F.
The CPCRB shall issue its recommendation to the Chief
of Police within 30 days of the presentation of the completed investigation
by the Chief and/or police investigator and, where applicable, the
assigned Civilian Investigator.
G.
The recommendation that the charges contained in the
complaint are either substantiated, unsubstantiated, unfounded, exonerated
or that no finding can be made shall require an affirmative vote of
three members.
H.
The recommendation of the CPCRB shall be in writing
and shall be communicated to the Chief of Police by the Chair.
I.
The CPCRB's written recommendation shall include a
narrative of the discussion, reflecting the concerns and considerations
of the members in reaching the recommendation. The written summary
will also reflect any dissenting opinions presented during deliberations.
J.
In no event shall the review by the CPCRB impede or
otherwise prevent the filing of disciplinary charges within the applicable
statute of limitations.
K.
The Chief shall advise the CPCRB of the resolution
of every complaint that has been reviewed by the CPCRB and every complaint
that has been withdrawn. It is preferred that where a complaint has
been withdrawn, that the withdrawal be noted, in writing, signed by
the complainant.
L.
The CPCRB also may issue recommendations to the Chief
of Police and Village regarding practices, policies and procedures
of the Police Department.
M.
The complainant
shall be provided with the results of the CPCRB's review no later
than five business days after the review is concluded.
N.
If the Office
of the Westchester County District Attorney, Chief of Police or Federal
Government special prosecutor upgrades an active CPCRB matter to a
criminal investigation, the Chief of Police shall notify the CPCRB
within five business days. The complaint will no longer be reviewed
by the CPCRB and the log will be notated accordingly. The complainant
will be notified should the complaint be removed from the CPCRB's
review.
[Amended 8-5-2003 by L.L. No. 4-2003; 2-15-2023 by L.L. No. 1-2023]
On or before March 1, the Chief of Police and
the CPCRB will issue a report to the Board of Trustees for the preceding
calendar year summarizing:
A.
The number of civilian complaints received during
the past year.
B.
The number of complaints found to be substantiated,
unsubstantiated, unfounded, exonerated, resulted in a no finding or
where the CPCRB declined to vote due to insufficient investigation.
C.
Analysis of the types of complaints received, e.g.,
excessive force, verbal disrespect.
D.
A breakdown of the types of substantiated, unsubstantiated,
unfounded, exonerated, resulted in a no finding or where the CPCRB
declined to vote due to insufficient investigation.
E.
The number of times the Chief and CPCRB's recommendations
differed.
F.
A summary of the number of complaints against individual
officers, without naming the officers who were the subjects of the
complaints.
G.
Comparisons of statistics from prior years' annual
reports.
H.
The report
will be available on the Village's website and other locations as
determined by the Village Board.
[Added 2-15-2023 by L.L. No. 1-2023]
A.
A mediation process shall be established and coordinated by the Corporation
Counsel in accordance with this section.
B.
Mediation shall be conducted at no cost to the complainant or officer
by trained and experienced mediators selected from a list compiled
by the Corporation Counsel and approved by the Board of Trustees.
The Board of Trustees and Corporation Counsel shall endeavor to reflect
community diversity in the list of mediators. The mediators shall
be required to complete an appropriate training curriculum to be determined
by the CPCRB, in consultation with the Corporation Counsel. The mediators
shall undergo continuing education on issues related to the interaction
between civilians and police officers from the perspectives of both
a complainant and police officer.
C.
Upon receipt of the complaint, unless the matter involves an allegation
of excessive force, an alleged violation of civil rights, and an allegation
of criminal conduct against the officer or if there was an injury
to a party or property damage by an officer, the complaint will be
considered appropriate for mediation.
D.
An eligible complaint shall be reviewed for potential recommendation
for mediation by the CPCRB Chair in consultation with the Corporation
Counsel. The CPCRB members will be contacted and a decision as to
appropriateness for mediation to be made by a majority of the five
voting members. If a majority of the board finds that the complaint
is inappropriate for mediation then the matter will be referred back
to the police department for investigation.
E.
If a majority of the CPCRB recommends a complaint for mediation,
both the complainant and officer will have the option of continuing
with the mediation process. If either party declines mediation, then
the matter shall be referred back to the police department for investigation.
F.
If the parties agree to mediation, the process shall follow the procedures
adopted by the CPCRB and set out in the CPCRB's adopted rules
of procedure.
G.
Every reasonable effort shall be made to schedule mediation sessions
during the officer's normal working hours and also at a time
convenient for the complainant.
H.
Written notice of the mediation session shall be provided to each
party by the Corporation Counsel. The notice shall include a description
of the CPCRB's rules of procedure relating to mediation of complaints.
I.
The mediator may not impose an outcome on the parties.
J.
Mediation sessions are closed to the public and all matters discussed
therein are to be held as confidential. The mediator and parties shall
agree, in writing, to maintain such confidentiality. There shall be
no recording by any means of the mediation sessions by any party.
K.
Statements and records disclosed during mediation may not be disclosed
or introduced in evidence during any judicial or administrative proceeding
and mediators may not be compelled by subpoena to give testimony or
produce anything documents related to the mediation.
L.
If the mediation is successful, the parties may, but are not required,
to sign an agreement that each believes that the issues have been
satisfactorily resolved. If the mediation is successful, the CPCRB
shall issue a finding of "mediated."
M.
If the mediation is not successfully resolved, any party may ask
for the complaint to be investigated and the complaint will then be
returned to the police department for investigation.
[Added 2-15-2023 by L.L.
No. 1-2023]
The CPCRB 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 CPCRB's written
record and be made available to the public. The CPCRB's rules
of procedure and any amendments thereto shall not conflict with the
provisions of this chapter. Such rules of procedure shall published
in the Village's official newspaper, posted outside of the Village
Clerk's office and provided to the Board of Trustees no later
than 10 calendar days after adoption by the CPCRB. The rules of procedure
and any amendments thereto shall become effective 45 calendar days
after adoption unless revoked, suspended or modified by the Board
of Trustees upon request of an aggrieved party or upon the Board of
Trustees' own motion.
