[Adopted 6-17-1991 STM, Art. 7]
A.
The purpose of this bylaw is three-fold:
(1)
To provide a vehicle by which any person may have
any complaints or concerns regarding law enforcement in Barre promptly
reviewed by an impartial and fair investigating body.
(2)
To protect the Police Department from unwarranted
and unjustified accusations concerning law enforcement practices.
(3)
To minimize the possibility of law suits being brought
against the Town of Barre concerning law enforcement procedures.
B.
To accomplish these objectives there is established
a Civilian Law Enforcement Review and Advisory Board (hereinafter
referred to as The Board).
A.
The Select Board shall appoint three regular members
and two alternate members from the Town of Barre. Both regular and
alternate members are to serve staggered terms. Alternate members
may sit on the Board in case of absence, inability to act, or conflict
of interest on the part of any regular member or in the event of an
unfilled vacancy on the Board. Both regular and alternate members
shall serve in a voluntary unpaid capacity.
[Amended 6-15-2021 ATM, Art. 20]
B.
Prior to appointing any person to the Board, the Select
Board shall advertise in a local newspaper for individual candidates
who are residents of Barre who desire appointment to the Board. The
Select Board shall make every effort to ensure that persons appointed
are qualified to serve on the Board.
[Amended 6-15-2021 ATM, Art. 20]
C.
The terms of members of the Board shall be three years.
Members of the Board may be removed only for just cause by written
charges after a public hearing.
D.
Members of the Board may not hold any other office
in the Town of Barre for which he or she is paid by the Town of Barre.
No member of the Police Department or any former member of the Police
Department who have served on the Police Department for the five preceding
years may serve on the Board.
E.
The Board shall elect a Chairman annually. The Board
shall meet at the call of the Chairman but shall meet at least once
every six months. The Board may elect a member to serve as Clerk.
Meetings of the Board shall be opened to the public except when the
Board meets in executive session in private as regulated by Massachusetts
General Laws. All meetings of the Board shall be conducted in accordance
with the Open Meeting Law of Massachusetts.[1]
[Amended 2-6-2012 STM, Art. 7]
[1]
Editor's Note: See MGL c. 39, § 23B.
F.
The Board shall submit a proposed annual budget to
cover anticipated expenses.
G.
Members of the Board shall receive no compensation
for their services but shall receive reasonable expenses incurred
as a result of their duties as members of the Board.
A.
The Board shall receive, investigate, and resolve
any complaint concerning the operation of the Police Department.
B.
The Board with the assistance of Town Counsel shall
have the power to subpoena witnesses, administer oaths, take testimony
and require the production of records and evidence.
C.
The Board is empowered to hire clerical help when
needed.
D.
After a thorough review of each complaint received,
the Board will make a written report detailing its handling and resolution
of the problem as the facts and circumstances may require, and send
the report to both the Select Board and to the Chief of Police.
[Amended 6-15-2021 ATM, Art. 20]
A.
A complaint by a member of the public or a complaint
by a police officer may be filed with the Board. Copies of the complaint
shall be made available immediately to each member of the Board, and
at the Chairman's discretion, a copy may be sent to the Select Board
and to the Chief of Police.
[Amended 6-15-2021 ATM, Art. 20]
B.
When a copy is sent to the Chief of Police, he shall
promptly investigate the complaint and file a report of findings with
the Board within 15 days. Complaints filed with the Board shall be
promptly investigated. If the evidence does not exist to warrant a
full investigation by the Board, it may be summarily dismissed. The
Board shall maintain a docket of complaints and the disposition of
each complaint, and this shall become a part of the permanent record.
The Board shall submit a report to be included in the annual Town
report. The Board shall issue a written response to all complaints,
and it shall deliver a copy of its response and/or findings to all
parties.
[Amended 6-15-2021 ATM, Art. 20]
If a complaint is not resolved as a result of
an initial investigation and preliminary consultation with the Chief
of Police as appropriate, the full Board may convene to review and
investigate the matter. The Board shall within 30 days recommend to
the Chief of Police and/or to the Select Board any discipline that
it deems appropriate to impose. The recommendations of the Board are
advisory. Any report of findings involving a civilian complaint shall
be made a matter of public record. In the event the complaint is against
the Police Department or any employee of the Police Department, the
person(s) shall be presumed innocent and shall not forfeit any pay
or seniority rights pending final action by the Board. All pleadings
filed and all hearings before the Board shall be public. Each party
has a right to counsel. The complainant's case may be presented by
the complainant or by the complainant's counsel. Any probative evidence
may be admitted.
Special meetings may be called by the Chairman
or by any two members of the Board upon personal notice being given
to all members of the Board or written notice being mailed to each
member and received at least 48 hours prior to such meeting unless
notice is waived by said members. In the absence of an emergency any
special meeting shall be posted in the office of the Town Clerk at
least 48 hours in advance of such meeting.
[Amended 6-15-2021 ATM, Art. 20]
On the written petition by 10 or more residents
of the Town of Barre filed with the Board, the Board shall hold a
special hearing for the purpose of responding to said petition. Copies
of the petition shall be delivered to the Select Board. Notice of
said hearing shall be given in the same manner as provided for other
hearings of the Board. The Board shall conduct said hearing upon the
subject matter within 30 days of the filing of said petition with
the Board.
