[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.]
GENERAL REFERENCES
Police Community Relations Advisory Council — See Ch. 37.
Police Department — See Ch. 40.
[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.
E. 
The CPCRB shall conduct a complete and independent review of the Police Department's investigation of every complaint pursuant to §§ 8-12, 8-13 and 8-14 and the CPCRB's rules of procedure.
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:
ALTERNATE MEMBER
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]
CHAIR
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]
CHIEF OF POLICE
The chief executive officer of the Ossining Police Department.
[Amended 2-15-2023 by L.L. No. 1-2023]
CIVILIAN INVESTIGATOR
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]
COMMAND DISCIPLINE
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]
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.
[Amended 2-15-2023 by L.L. No. 1-2023]
CPCRB
The Civilian Police Complaint Review Board of the Village of Ossining.
[Added 2-15-2023 by L.L. No. 1-2023]
EXONERATED
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]
FINDING
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]
IMMEDIATE FAMILY MEMBER
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]
MEMBER
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]
NO FINDING
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]
POLICE PERSONNEL
Sworn police officers and members of the auxiliary police of the Ossining Police Department.
[Amended 2-15-2023 by L.L. No. 1-2023]
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.
[Added 2-15-2023 by L.L. No. 1-2023]
SECRETARY
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]
SUBSTANTIATED
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]
UNFOUNDED
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]
UNSUBSTANTIATED
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]
VICE-CHAIR
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]
VILLAGE
The Village of Ossining.
VILLAGE BOARD
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.
(c) 
CPCRB members and alternate members shall not be a member of the Police Community Relations Council (Chapter 37 of the Village of Ossining Code) on the date of appointment to the CPCRB.
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.
(4) 
Members of the CPCRB may also be removed for reasons other than listed above, for just cause, by a vote of the Village Board, upon a recommendation by the Chair or Vice Chair and two additional members and following a hearing on the allegations pursuant to § 8-5F(1).
[Amended 2-15-2023 by L.L. No. 1-2023]
A. 
Training is a mandatory requirement for membership on the CPCRB. Training will be provided by qualified training officers assigned by the Chief of Police who are fully knowledgeable of the rules and regulations of the Ossining Police Department and the training curriculum detailed in § 8-6B and C.
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.
[1]
Editor's Note: This local law also redesignated former § 8-13 as § 8-11 and former § 8-11 as § 8-12.
[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.
(2) 
Some complaints subject to the exceptions detailed in Subsection A(1)(a), (b) and (c) above may be reviewed by the CPCRB upon request of the Chair if the Chief of Police has commenced an internal departmental investigation and/or review has been deemed appropriate by the Corporation Counsel.
(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.
[1]
Editor's Note: This local law redesignated former § 8-12 as § 8-14.
[Added 2-15-2023 by L.L. No. 1-2023; amended 10-16-2024 by L.L. No. 18-2024]
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, 2026. The Village Board reserves the right to extend the process detailed herein beyond December 31, 2026, 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.
[1]
Editor's Note: This local law redesignated former § 8-14 as § 8-15.
[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.