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Community Police Review Board

Regular Meeting

Albany, NY · January 11, 2024

AgendaMinutes

Minutes

CITY OF ALBANY COMMUNITY POLICE REVIEW BOARD PUBLIC MONTHLY MEETING MINUTES January 11, 2024, at 6:00 p.m. Albany Law School, West Wing Room W212 I. CALL TO ORDER AND ROLL CALL (N. Vives) Chair Nairobi Vives called the meeting to order at 6:00 PM. COMMITTEE MEMBERS PRESENT: CPRB Chair Nairobi Vives, CPRD Vice Chair Dr. Veneilya Harden, Board Member Matt Ingram (Virtual), Board Member Kevin Cannizzaro (Virtual), Board Member Antionette Santos, Board Member John Levendosky, Board Member Victor Person. OTHERS PRESENT: CPRB Program Manager Michele Andre, Deputy Director of GLC Patrick Woods, CPRB Outside Counsel Michael Goldstein, CPRB Outside Counsel Mark Mishler, Martin Gleeson and Complainant relating to CC2023-015 . II. APPROVAL OF AGENDA (N. Vives) Chair Vives called the meeting to order and moved to approve tonight’s agenda. Motion passed unanimously. III. CASE REVIEW AND UPDATE CC2023-015 (J. Levendosky) CPRB Chair Nairobi Vives called the meeting to order and noted that the first order of business is case review. Chair Vives states one of the three cases to be reviewed and one will be put on hold for another agenda. Chair Vives calls on Board Member John Levendosky to review CC2023-015 and CC2023-022. John Levendosky began with CC2023-015, stating that it is a complaint that occurred February 2, 2023, at 4:07 PM at 22 Rawson Street, Albany. John Levendosky states that at 5:07 PM at 22 Rawson Street, regarding the dispute between the landlord and tenant, the dispute arose due to a disagreement over the tenant’s dog. The officer spoke with the tenant to hear his side of the story. In the fourth minute of the officer’s body camera footage, the officer stated to the tenant that if it were his dog, he would purposely have his dog defecate on there every day. The officer confirmed this account during his Office of Professional Standards (OPS) interview. John Levendosky stated that he agrees with the OPS finding that the officer did say what he said to the complainant. John Levendosky stated that the officer’s statement was unprofessional and reflected poorly on the officer and the department. John Levendosky stated that the disciplinary history did not show any patterns of behavior related to this incident. John Levendosky stated that he supports the findings with conduct standards as sustained for this case. John Levendosky noted that the records he used included body-worn cameras, statements from the officer, and interviews with the OPS. Chair Vives opened the floor for discussions. Board Member Antionette Santos inquired about the sustained finding and did not do anything to the officer as a result. John Levendosky responded to Antionette Santos’ inquiry and stated that Detective Johnson was assigned to the case, the consequences of the incident are still on the OPS commander’s desk, and they are waiting to get a verdict on whether there is counseling being done or other alternatives. Chair Vives asked whether there were more questions from board members. Chair Vives stated that the complainant was present and emphasizes the confidentiality of the complainant’s identity. Complainant asked John Levendosky to explain the consequences of the behavior of the officer in question. John Levendosky stated that the OPS acknowledges that the officer’s conduct did happen, and it is against conduct standards, however the disciplinary action has yet to be decided by the head of the OPS. Complainant noted that as a resident of Albany, if that officer had been working in the Pine Hill area around more people that looked like him, he would not have made that statement. Chair Vives thanked the Complainant for sharing and reiterated that the CPRB takes complaints seriously. Chair Vives thanked John Levendosky for his work on CC2023-015. Complainant clarified that she felt as if the officer had escalated the situation, instead of de-escalating. Vice Chair Veneilya Harden thanked John Levendosky for his work on the case and for its completion in a timely manner and assured Complainant that the officer’s conduct will not be swept under the rug. Antionette Santos asked Chair Vives whether there is a time limit for the officer’s consequences, given the findings by the OPS. Chair Vives clarified that the discipline matrix is now within her jurisdiction, and she will consult with OPS. After review and deliberation of the investigation of your complaint, the CPRB has made the following findings as to the conduct of the specific officer involved: • With regards to the 1 count of allegation of improper Call Handing, the CPRB reached a finding of Sustained. • With regards to the 1 count of allegation of improper Call Handing, the OPS reached a finding of Not Sustained. • With regards to the 1 count of allegation of improper Conduct Standards, the CPRB reached a finding of Sustained. • With regards to the 1 count of allegation of improper Conduct Standards, the OPS reached a finding of Sustained. John Levendosky filed a motion to approve his findings. Motion seconded and passed unanimously, with none abstaining or opposing. The CPRB and/or OPS may make a finding of Sustained – where the review discloses sufficient facts to prove the allegations made in the complaint. CC2023-022 (J. Levendosky) John Levendosky introduced CC2023-022, which occurred on April 22, 2023, at 5:51 PM. The incident occurred at 315 South Manning Boulevard, Saint Peter’s Hospital. The background of the allegations of misconduct is conduct standards. John Levendosky stated that a nurse at Saint Peter’s Hospital alleged that the police officers failed to properly intervene and apprehend an individual who was reported for assault at the Hospital. The nurse also claimed that the officers were disrespectable to hospital staff and did not file a report about the incident. John Levendosky noted that the detective on the case tried to contact the nurse at the Hospital, but was unable to identify the nurse. The detective spoke with the ER administrator and no staff came forward to provide additional information. John Levendosky clarified that there were six total officers that responded. Officer One arrived at the hospital at 5:53 PM and encountered the individual in question, who will be referred to as Patient. Patient exhibited signs of anger, yelling, and cursing at hospital staff. John Levendosky noted that Officer One’s radio did not have signal in the Emergency Room (ER) at the Hospital, with which he used to get the attention of other officers. Officer One deescalated the situation by giving verbal commands to Patient. Officer Two arrived on the scene. Patient wielded an oxygen tank, which prompted Officer One and Officer Two to draw their tasers. Officer One deescalated the situation by giving verbal commands to Patient. Patient set down the oxygen tank. Officer One handcuffed Patient as a precautionary measure. John Levendosky noted that Officer One’s de-escalatory techniques were in line with what he was educated in. Nurses at the Hospital told Officer One that multiple staff members were assaulted but did not provide any additional information. Officer One, Two, Three, and Four removed Patient to a less crowded area of the ER. The officers attempted to put Patient in a stretcher but he was not compliant, resulting in the officers having to physically restrain Patient. Patient was charged with criminal mischief forth obstructing obstruction to and harassment to and the mental hygiene law 8 NYH-4. John Levendosky stated that the charges were filed once the ER staff gave the required information. John Levendosky concurred with the OPS finding being exonerated for the charges of conduct standards. The OPS finding did not note poor behavior trends. John Levendosky stated that the officers successfully de-escalated the situation. Chair Vives opened the floor to questions from board members. Board Member Kevin Cannizzaro stated that he had watched the video of the scene and concurs with the findings of John Levendosky and the OPS. Chair Vives noted the relief that she had felt with the de-escalatory techniques used by the officers. Chair Vives opened the floor to questions. After review and deliberation of the investigation of your complaint, the CPRB has made the following findings as to the conduct of the specific officer involved: • With regards to the 1 count of allegation of improper Call Handing, the CPRB reached a finding of Exonerated. • With regards to the 1 count of allegation of improper Conduct Standards, the CPRB reached a finding of Exonerated. John Levendosky raised a motion to approve his finding of exonerated. Motion seconded and passed unanimously, with none abstaining or opposing. The CPRB and/or OPS may make a finding of Exonerated – where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. Chair Vives stated that the third case, CC2021-029, will be tabled and moved to next agenda for review. Chair Vives noted that there are no further cases for review. IV. SUBPONEA CONSIDERATION (N. Vives) Chair Vives presented a Subpoena Ad Testification for complaint number CC2023-013 for approval, which is for an independent investigation. Chair Vives called on Martin Gleeson from T&M USA, LLC to discuss the request. Martin Gleeson noted that it was a case that was assigned last year and concerned an allegation of sexual misconduct on the part of an individual. Martian Gleeson stated that they would like to interview the investigator and officer involved. Chair Vives opened the floor to questions for Martin Gleeson regarding the subpoenas. Chair Vives moved to vote in favor of issuing the subpoenas for the officers in CC2023- 013. The present members unanimously favored the motion, with none abstaining or opposing. V. CONSIDERATION OF COMPLAINT CLOSURE (N. Vives) WITHOUT REVIEW AND/OR WITHDRAWALS Chair Vives thanked Martin Gleeson and introduced CC2022-024, which is a complaint withdrawal. Chair Vives asked John Levendosky if the complaint had gone through an investigation. Michele Andre replied that a copy was received from the police department and subsequently sent to the investigation committee. Chair Vives clarifies whether the complainant withdrew the complaint. Michele Andre responded by stating that the complainant wanted to withdraw the complaint. Chair Vives asked John Levendosky whether he prefers to review the withdrawal of the complaint before the vote. John Levendosky affirmed the suggestion given by Chair Vives and stated that he will present it for the February meeting. Chair Vives stated that the Board will postpone the review of CC2022-024 until the investigations committee has time to properly review. VI. COMMITTEE REPORTS PUBLIC OFFICIAL (N. Vives) Chair Vives thanked Michele Andre and John Levendosky and stated that she would l get back to the Board with a report after holding a public official liaison committee meeting. Chair Vives introduced the topic of bylaws and rules, with which she turned over the topic to Antionette Santos. BYLAWS AND RULES (A. Santos) Antionette Santos stated that the Bylaws and Rules Committee did not meet in December, but will meet on January 17, 2024, to discuss the following topics: (1) the Chair of Investigations’ subpoena powers; and (2) the removal of board members and police commissioners for absences and not completing their duties, such as case reviews. Antionette Santos noted that she will provide updates at the next meeting on February 8, 2024. Chair Vives thanked Antionette Santos and introduced the next topic of the Investigations Committee. Chair Vives called on John Levendosky to share the report. INVESTIGATIONS (J. Levendosky) John Levendosky stated that the Investigations Committee has worked with the CPRB Standing Committee on bylaws and rules to make amendments. John Levendosky stated that the policy recommendations for the 2023 annual report have been forwarded by the Investigations Committee. John Levendosky stated that the Investigations Committee is currently working on amending the operations procedure to reflect local changes. John Levendosky noted that on January 5, 2024, the Investigations Committee sent a letter to Chief Hawkins regarding questions and concerns about CC2021-013 and is waiting for Chief Hawkins’ response. John Levendosky stated that the Investigations Committee is working with the OPS to make sure personnel have uniform and comprehensive access. John Levendosky stated that the Investigations Committee received one complaint in 2024, which is awaiting OPS assignment. John Levendosky stated that 74 complaints under OPS investigation surpassed the 60-day mark, which is contrary to Albany Police Department (APD) General Orders. Chair Vives thanked John Levendosky and introduced the next topic of the Police Department Liaison Committee, with which she handed the topic over to Vice Chair Veneilya Harden. POLICE DEPARTMENT LIAISON (Dr. V. Harden) Vice Chair Harden stated that there is no report for the Police Department Liaison Committee. Vice Chair Harden provided the update that Commander Laiacona retired, so the meeting for the month of January was cancelled. Vice Chair Harden stated that with another meeting and collaboration with the OPS, she will provide more updates. Chair Vives confirmed with Vice Chair Harden that Commander Laiacona has retired, and Lieutenant Decker will act as Interim Commander until someone is newly appointed. DISCIPLINARY MATRIX (N. Vives) Chair Vives stated that she needed to make some edits to the Discipline Matrix following a meeting with the Chief and Deputy Chief. Chair Vives stated that Michele Andre will discuss outreach opportunities from her Government Law Center (GLC) report. Chair Vives asked Vice Chair Harden about her report from the Mediation Committee. Vice Chair Harden deferred to Michele Andre regarding her report and the most recent meeting. Kevin Cannizzaro clarified that an OPS agent is required by law to attend the monthly meetings, but he has not seen one since August of 2023. Kevin Cannizzaro asked John Levendosky and Vice Chair Harden whether the Albany Police Department had provided a statement regarding their absence from the meetings. Vice Chair Harden stated that the presence of the APD has not been consistent, however they have appeared since August of 2023. Vice Chair Harden emphasized Kevin Cannizzaro’s point regarding APD’s absence and reiterated the CPRB’s need for representation. John Levendosky thanked Kevin Cannizzaro for highlighting the need for the APD’s commitment and presence at the meetings. Chair Vives stated that she has consulted the Chief and Mayor, along with everyone else in the Public Official Liaison Committee regarding this concern and will provide updates. COMMUNITY OUTREACH (M. Andre) Michele Andre stated that she is finalizing amendments to the Operation Procedures, which will be presented to the CPRB at the next meeting. Michele Andre reported that she is drafting the fourth-quarter report and the annual report for 2023. Michele Andre noted her attendance at Mediation program evaluation meeting with Albany CPRB & Philadelphia CPO. MEDIATION (M. Andre) Michele Andre stated that she is discussing partnering with Albany Law School’s Diversity, Equity, and Inclusion (DEI) Office to tabling at the Craft Expo & Business Fair on Saturday, February 17, 2024, and a panel workshop on the State of Civilian Police Oversight with the NYC Civilian Complaint Review Board (CCRB). Michele Andre stated that the GLC intends to have a Warren Anderson Series workshop on the State of Police Oversight in New York, work on outreach, and plan more events for 2024. Michele Andre stated that she had no further updates. OFFICE OF PROFESSIONAL STANDARDS No party was present to represent the Office of Professional Standards. REPORT FROM THE CHAIR (N. Vives) Chair Vives highlighted the CPRB’s efforts to maintain its model as an independent city agency. VII. NEW BUSINESS (N. Vives) Chair Vives moved to approve the meeting minutes for the December 14, 2023, public monthly meeting. Motion seconded and passed unanimously. VIII. PUBLIC COMMENT Chair Vives opened the floor to public comments, with no comments made. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 6:41 PM.

Agenda

PUBLIC MONTHLY MEETING AGENDA Thursday, January 11, 2024 - 6:00 PM MEETING LOCATION: West Wing Classroom (W212) of Albany Law School's 1928 Building, at 80 New Scotland Avenue, Albany, NY 12208 ** Meeting Information if Participating via Zoom ** https://us02web.zoom.us/j/81280680884?pwd=UjZOUk5YUzhhemVmdE9zR0hMdU11Zz09 Meeting ID: 812 8068 0884 Passcode: 880330 I. Call to Order & Roll Call (N. Vives) II. Approval of Agenda (N. Vives) III. Case Review A. CC2023-015 J. Levendosky According to the complaint, the officer in question allegedly told the tenant that if he were in their shoes, he would also allow his dog to defecate on the front yard of the property, during a one-on-one conversation about the call that they were responding to. B. CC2023-022 J. Levendosky A complaint was lodged by an anonymous nurse at St. Peter’s Hospital, alleging that the officers who responded to the Emergency Room took too long to restrain a combative patient and were hesitant to use a Taser. The nurse also accused the officers of being rude and failing to file a report. C. CC2021-029 P. Collins-Hackett The Complainant alleged that, during his arraignment in Albany City Court, a Detective made false statements in regards to the paperwork and court documents filed against him. The Complainant stated that this ultimately affected his case and subsequently impacted the Judge’s decision during his arraignment. The Complainant stated that a Detective did not properly investigate his situation and that he has video evidence of misconduct by a Detective obtained from discovery. The Complainant stated that he was falsely arrested and charged for a crime he did not commit. IV. Case Update V. Consideration of Subpoenas A. Subpoena AD Testification for Complaint # CC2023-013 Independent Investigation VI. Consideration of Complaint Closure Without Review/ Complaint Withdrawal A. CC2022-024 - Complaint Withdrawal VII. Reports A. CPRB Standing Committee Reports i. Public Official Liaison (N. Vives) ii. Bylaws and Rules (A. Santos) iii. Investigation (J. Levendosky) iv. Police Department Liaison (V. Harden) v. Discipline Matrix (N. Vives) vi. Community Outreach (P. Collins-Hackett) vii. Mediation (V. Collier & V. Harden) B. Report from the Office of Professional Standards C. Report from the Corporation Counsel D. Report from the Government Law Center (P. Woods & M. Andre) E. Report from the Chair (N. Vives) VIII. New Business (N. Vives) A. Approval of minutes from December 14, 2023 Public Monthly Meeting IX. Executive Session X. Adjournment CITY OF ALBANY COMMUNITY POLICE REVIEW BOARD PUBLIC MONTHLY MEETING MEETING MINUTES December 14, 2023, at 6:00 p.m. Albany Law School, Room W212 I. CALL TO ORDER AND ROLL CALL (N. Vives) CPRB Chair Nairobi Vives called the meeting to order at 6:00 PM. BOARD MEMBERS PRESENT: CPRB Chair Nairobi Vives, Antionette Santos, Matthew Ingram, Rev. Dr. Victor Collier, Victor Person. Vice Chair Dr. Veneilya Harden, John Levendosky, Paul Collins-Hackett and Kevin Cannizzaro were excused from attendance. OTHERS PRESENT: CPRB Program Manager Michele Andre, OPS Detective Hilary Burns, and Lieutenant Decker. II. APPROVAL OF AGENDA (N. Vives) Chair Vives called the meeting to order and moved to approve tonight’s agenda. Motion passed unanimously. III. CASE REVIEW AND UPDATE CC2023-042 (A. Santos) The date of the alleged incident is June 18, 2023. The OPS report is dated August 21, 2023, and the assigned detective was OPS detective Hillary Burns. Board Member Santos reported that the complainant alleged APD officers Patrick Gary and Joshua Austin failed to provide her with proper safety measures when she was confronted by four youths. Complainant further alleges Officer Gary failed to identify himself properly when requested. The allegations in this case are Call Handling, and Conduct Standards – Identification. Board Member Santos summarized the background of the allegations as follows: The incident occurred on June 15, 2023, at about 4:30 AM when the complainant called APD for a noise complaint due to her upstairs neighbors; she had also called for the same complaint the night before. Officer Austin was there both nights. On the 15th, he went to check out the upstairs apartment, and shortly after, there was a pounding on her front door which was a male teenager and three female teenagers, all of which were yelling and screaming at the complainant. Complainant noted that the officers were present but did nothing to intervene. Complainant then picked up at stick to defend herself, after which the officers told her to close the door which she did. After the teenagers left and as APD was leaving, complainant requested the badge number of Officer Gary, whom she was unfamiliar with, and he allegedly gave her the wrong number. Complainant called APD the next morning and eventually spoke with Sergeant Meyers who stated that he reviewed the Body Worn Camera (BWC) footage and was unhappy with what he saw. Board Member Santos stated that the following documents were reviewed: the call ticket histories, emails, intra-departmental correspondence (IDC) between both officers and the sergeant, BWC footage, the confidential report, the case file content report, disciplinary files, and G.O.s 1.1.10 – Code of Ethics and 2.2.00 – Rules of Conduct. OPS Detective Burns found the allegations for call handling and failure to intervene are exonerated. She reported that though the officers did not intervene, the complainant was actually the initial aggressor, and the officers did intervene once the female teenagers came downstairs and began to yell. Board Member Santos did not concur with these findings, found the allegations to be sustained, and referenced the IDC from Sergeant Meyers where he stated that the complaint has merit, and it was inappropriate for the officers to allow the teenagers to go downstair and confront the complainant. Sergeant Meyers further counseled both officers about the inappropriate nature of their actions. Board Member Santos finds the officers’ actions in violation of G.O. 1.1.10. OPS further found the allegation of Conduct Standards – Identification, to be exonerated with which Board Member Santos concurs. According to the BWC footage, Officer Gary is asked his badge number to which he responded why, I didn’t do anything? Why are you coming at me so aggressively.” Officer Gary did then provide his badge number. Board Member Santos described her review of the disciplinary files, both of which have multiple but unrelated infractions (5 for Officer Austin, 8 for Officer Gary). However, neither detailed the corrective actions taken by Sergeant Meyers. Board Member Santos made a motion to close this case based on the findings below. Motion seconded and passed. After review and deliberation of the investigation of the complaint by the Office of Professional Standards (OPS), the CPRB has made the following findings as to the conduct of the specific officers involved: • With regards to the allegation of APD’s response to Call Handling, the CPRB reached a finding of Sustained. • With regards to the allegation of APD’s response to Call Handling, the OPS reached a finding of Exonerated. • With regards to the allegation of APD’s response to Conduct Standards – Identification, the CPRB and OPS reached a finding of Exonerated. The CPRB and/or OPS may make a finding of Sustained – where the review discloses sufficient facts to prove the allegations made in the complaint and Exonerated – where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper and Unfounded – where the review shows that the act or acts complained of did not occur or were misconstrued. IV. SUPOENA CONSIDERATION (Julie Schwartz) No subpoenas for consideration. V. CONSIDERATION OF COMPLAINT CLOSURE (A. Santos) WITHOUT REVIEW AND WITHDRAWALS Board Member Santos reported that one person had emailed the CPRB to make sure the Board knows that the description of events he sent in was not a complaint, and it was more a generalization of what happened. Program Manager Andre has sent a letter explaining that it will not be reviewing because the Board understands now that it was not a complaint. Chair Vives noted that a number of cases have been withdrawn by the complainant in 2023: CC2023-055, CC2023-054, CC 2023-052, CC2023-043, CC2023-035, CC2023- 023, CC2023-012, CC2023-008, CC2023-003, CC2023-002, and an additional complaint that did not receive a complaint number which was filed January 23, 2023. VI. COMMITTEE REPORTS PUBLIC OFFICIAL LIAISON (N. Vives) Chair Vives reported that the December meeting will be changed as it is scheduled for the day after Christmas. The Committee last met on November 28, 2023. Present at the meeting was Chair Vives, Dr. Harden, Program Manager Andre, outside counsel Michael Goldstein, Council Member Hoey, Common Council attorney, APD Chief Hawkins, Deputy Chief Battuello, and Commander Liacona. The mayor was not present, but she sent her chief of staff. Chair Vives reported that they discussed their case backlog and things that frequently came up in meetings, specifically the provision of discipline histories. However, they determined to bring up this issue during the Police Department Liaison Committee meeting. Chair Vives discussed with Commander Liacona that the Board expects to receive discipline histories with each case file as well as case cover sheets which indicate what information could be and is in the case files. Finally, Chair Vives stated that the committee discussed the Discipline Matrix, succession planning with the Mayor, planning for the Board to become a City agency, and plans to replace Rev. Collier. As to Rev. Collier’s replacement, no official call for applicants has been made, but the Mayor’s office is reviewing resumes. BYLAWS AND RULES (A. Santos) Board Member Santos reported that there are no new revisions at this time but she is hoping to have some for the next meeting. INVESTIGATIONS (A. Santos filling in for J. Levendosky) Board Member Santos reported that the independent investigation of the South Station incident is on the verge of completion. Further the committee is drafting letter to address concerns regarding complaint CC2021-013. They are also preparing their section of the CPRB annual report. The committee attended the Police Department Liaison Committee on December 11, 2023, and proposed amendments to APD G.O. 2.4.05 – Complaint Procedures. These suggestions included modifications to the OPS withdrawal form and the supervisor’s inquiry report. The suggestions were submitted to Lieutenant Decker. As of December 14, 2023, there are: 75 unresolved complaints – 64 of which are under investigation by OPS and 11 are under supervisor review, 20 pending complaints under Board review with four complaints related to one independent investigations. Seventy- five active complaints have surpassed 60 days which is in opposition to G.O. 2.4.05 (completion mandated generally within 60 days of assignment to an OPS detective). The Board has initiated 6 independent investigations and has reviewed two of them. Of the cases closed 11 were withdrawn, 20 were closed due to being outside of jurisdiction, and 9 were closed without review. In 2023, the Board received a total of 41 OPS case summary confidential reports, a significant increase from the 4 received last year. POLICE DEPARTMENT LIAISON (A. Santos filling in for Dr. V. Harden) Board Member Santos reiterated what the Investigations Committee suggested at the Police Department Liaison Committee meeting. Additionally, the committee had questions about language in the disciplinary histories with the intent that if the language was added, they would know if cases had been settled by the supervisor. Lieutenant Decker seemed receptive to these suggestions and the CPRB awaits his response. DISCIPLINARY MATRIX WORKING GROUP (N. Vives) The working group met December 14, 2023, with APD leadership. Present at this meeting was Chief Hawkins, Deputy Chief Battuello, Chair Vives, Dr. Harden. Program Manager Andre, and community member Melanie Trimble former president of the NYCLU. At the meeting, they discussed changes to the matrix and they are in the final stages of finalizing some small issues. Chair Vives highlighted that the meeting was very productive. APD had no changes to the substance of the matrix but did have some issues with the introductory language, specifically allowing the Chief some discretion in certain cases. APD will be meeting with their union leadership later and the NYCLU will be meeting and providing commentary soon. Chair Vives concluded by highlighting the fact that this is a huge step forward in police accountability and thanked those she has worked with throughout the creation process of the matrix. Chair Vives predicted that there will be a product by early 2024. COMMUNITY OUTREACH (N. Vives filling in for P. Collins-Hackett) Chair Vives noted that she gave a presentation for the Normans Kill Neighborhood Association and updated them on the budget, openings for membership, and the discipline matrix, and stated that if there were any other neighborhood associations in the area that would like to hear from the Board, to reach out. MEDIATION (M. Andre filling in for Dr. V. Harden) Program Manager Andre and Dr. Harden worked on some proposed questions for a mediation survey for officers which were shared at the Police Department Liaison Committee to make sure that process can be utilized. Program Manager Andre also attended a civilian mediation training where some resources were shared and the idea was brought up of doing an educational forum with some officers about the mediation program. OFFICE OF PROFESSIONAL STANDARDS (Lt. Decker) Lieutenant Decker stated that there are no updates. GOVERNMENT LAW CENTER (M. Andre) Program Manager Andre reported that she is working on the Board’s annual and quarterly reports which will be up for approval in January of 2024. She also followed up with corporation counsel as to renewing contracts with T&M and consultants which they said would be renewed. Finally, Program Manager Andre offered up the public monthly meeting minutes from November 7th as well as a slate of nomination for elected officials. She also worked on the 2024 adopted budget which was approved by the Chair. All 2024 public monthly meetings and committee meetings have been scheduled. Program Manager Andre mentioned her time at NACOLE which, in part, provided good information and strategies for community outreach as well as mediation strategies. Some of these strategies include making the reports more accessible by have executive summaries, doing a monthly quick update as to what the Board is working on, etc. As to case management, Program Manager Andre reminded Board members about the goal of reviewing cases within 45 days of receipt, that the case management system will now send out reminders, and the Board members have a lot of resources that they can access to help with case review. Looking forward to next year, the closing of the contract with Albany Law School and case review will be the biggest focuses, and to streamline the latter, Program Manager Andre suggested potentially a monthly update email instead of multiple emails throughout the month. REPORT FROM THE CHAIR (N. Vives) Chair Vives highlighted the accomplishments of the Board throughout the year including utilizing technology for efficiency, introduction of the Investigations committee, and overall hard work and commitment. Chair Vives further noted that herself, Vice Chair Harden, Board Member Santos, and Program Manager Andre attended the NACOLE conference which gave the attendees a chance to connect with other oversight boards and meet with one of the Board’s consultants, Russell Bloom. Chair Vives stated that the conference showed her how special and rare police oversight agencies are, and it is her goal and passion to continue the work of the Board. Recently, the Board was honored by the NYCLU with the Ned Pattison Award and Chair Vives received an award from Omega Psi Phi and will receive an award from the YWCA for her accomplishments in social justice along with other influential women in the committee. Looking toward next year, Chair Vives reiterated the changes that will take place including leaving the law school and becoming a city agency. VII. NEW BUSINESS (N. Vives) Chair Vives moved to approve the 2024 adopted budget. Motion seconded and passed unanimously. Chair Vives moved to approve the 2024 public monthly meeting schedule. Motion seconded and passed unanimously. Chair Vives moved to approve contract renewal with T&M and Moeel Lah Fakhoury as independent investigators. Motion seconded and passed unanimously. Chair Vives moved to adopt the slate of nominations and vote in Board officer positions for 2024. Motion seconded and passed unanimously. Chair, Vice Chair, and Secretary were uncontested and will remain the same for 2024. Chair Vives moved to approve meeting minutes for the November 7, 2023, public monthly meeting. Motion seconded and passed unanimously. VIII. PUBLIC COMMENT Members of the public were present but none were signed up to comment. IX. ADJOURNMENT There being so further business, the meeting was adjourned at 6:52 p.m.

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