Community Police Review Board

NOTICE OF PUBLIC MONTHLY MEETING AGENDA Thursday, May 9, 2024 - 6:00 PM Meeting Location: West Wing Classroom (W212) of Albany Law School's 1928 Building 80 New Scotland Avenue, Albany, NY 12208 (Parking Lot Entrance on Holland Ave.). Meeting Information if Participating via Online Zoom: Meeting ID # 812 8068 0884 Passcode: 880330 BOARD MEMBERS: Chair Nairobi Vives, Vice Chair Veneilya Harden, Secretary Paul Collins- Hackett, Matthew Ingram, Antoinette Santos, Kevin Cannizzaro, Reverend Dr. Victor L. Collier, John Levendosky, and Victor Person. STAFF: Program Manager Michele Andre, Deputy Director of the Government Law Center Patrick Woods, Esq., Outside Counsel Michael Goldstein, and Outside Counsel Mark Mishler The Albany Community Police Review Board (CPRB) is an independent, all-community-led oversight board. The mission of the CPRB is to review and investigate complaints of alleged misconduct committed by officers of the City of Albany Police Department (APD). The CPRB aims to improve communication between the Albany Police Department and community members. The CPRB also works to increase police accountability and credibility with the communities that APD serves. The CPRB accomplishes these goals through independent and impartial investigations, policy recommendations, and community outreach. The CPRB holds a working meeting open to the public on the second Thursday of every month. CPRB’s monthly meetings provide a platform for community members to learn more about the Board’s scope and priorities. Board members also use the meetings to review complaints, ask questions, and share concerns about police-community relations in Albany neighborhoods. Speaking at Board Meetings is open to all. I. CALL TO ORDER & ROLL CALL (N. Vives) II. APPROVAL OF MAY 9, 2024 AGENDA (N. Vives) III. BOARD MEMBER COMMENTS IV. PUBLIC COMMENT (N. Vives) V. CASE UPDATE A. CC2019-029 M. Ingram The Complainant alleged several members of the Albany Police Department were rude, not sensitive, and sympathetic to the Complainant’s sick mother. The complainant also alleged that a family member was left standing outside in her underpants for several hours. The complainant further alleged that she was pushed by Detective Heid and Sgt. Dolan. VI. CASE REVIEW A. CC2020-001 A. Santos The complainant is unhappy about how an assault call was handled in 2020 regarding her and her junior high school daughter and son. The complainant alleged while walking home with her (2) children that they were followed by a group of 30-45 students who attend Myers Middle  School. The complainant stated both her daughter and son attend Hackett Middle School and did not know these students. The complainant states the group wanted to fight her daughter and continuously followed them as they were walking home. The complainant stated she made over (17) phone calls to 911 and had an interaction with officers who failed to assist in resolving the issue. The complainant also alleged that the following Monday, officers refused to complete a report to document the incident. B. CC2020-008 V. Harden The complainant alleged the City and Albany Police Department approved the use of tear gas in residential areas where protests were happening. C. CC2022-045 A. Santos The complainant alleged an APD Officer had severe “road rage”, almost ran her off the road, and collided with her vehicle as a result. VII. CONSIDERATION OF COMPLAINT CLOSURE VIII. REPORTS A. CPRB Standing Committee Reports I. Bylaws and Rules (A. Santos) II. Community Outreach (P. Collins-Hackett) III. Discipline Matrix (N. Vives) IV. Investigation (J. Levendosky) V. Mediation (V. Collier & V. Harden) VI. Police Department Liaison (V. Harden) VII. Public Official Liaison (N. Vives) B. Report from the Office of Professional Standards C. Report from the Government Law Center (P. Woods & M. Andre) D. Report from the Chair (N. Vives) IX. APPROVAL OF MEETING MINUTES (N. Vives) A. Approval of Minute from Regular Meeting on April 11, 2024 X. NEW BUSINESS (N. Vives) A. Welcome New Board Member, Michael G. Gaynor to the CPRB XI. ADJOURNMENT (N. Vives) Materials Provided: • CPRB Letter to Mayor Sheehan Regarding Recent Mayoral Appointment to CPRB • CPRB Letter to Commander Morey for APD Representative at CPRB Public Monthly Meeting • CPRB Letter to Budget Director Regarding Request for Guidance on CPRB Budget Submission for Fiscal Year 2025 • CPRB Suggested Amendments to Local Law D of 2024 Submitted to Common Council and Corporation Counsel During board meetings, all members and guests are expected to show utmost courtesy towards each other, speakers, and city employees. Refrain from making rude or derogatory remarks reflecting negatively on the integrity of others or making abusive comments about their motives or personalities. Public Comment is an opportunity for members of the public to address the Community Police Review Board on matters under their jurisdiction. Public comment is limited to three (3) minutes per person out of courtesy to all community members who wish to speak. If you would like to submit written comment on an upcoming agenda item, please fill out the public comment form here on website at or email cprb@albanylaw.edu. Accommodations: CPRB provides accommodations upon request to persons with disabilities and individuals who are limited English proficient who wish to address CPRB Board/Committee matters. A request must be made within 48 hours in advance of a Board or Committee meeting, depending on the service requested. Please contact the CPRB’s Office by phone at (518) 445-2383 for information. May 6, 2024 Mayor Kathy Sheehan Albany City Hall 24 Eagle Street Albany, NY 12207 Re: Recent Mayoral Appointment to Albany Community Police Review Board Dear Mayor Sheehan, I am writing on behalf of the Albany Community Police Review Board (CPRB) regarding recent developments in Board membership and appointment procedures. On May 2, 2024, we were informed that Kevin Cannizzaro, a mayoral appointee to the CPRB, was removed rather than reinstated by your office. Mr. Cannizzaro was replaced without prior notice to, or discussion with, the Board. While we understand that you are not required to seek input from the Board, given our regular engagements with the Mayor’s office through the CPRB Public Official Liaison Committee, this change was surprising. As you are aware, the CPRB has actively sought information from your office regarding the replacement of another Board member whose term expired on October 26, 2023. The other board member is always willing to serve, if they can, but have been unable to assist in any of the Board’s efforts for many months, leaving a significant void for the Board. Given this history and the need to fill the void, we were surprised by your decision to replace Mr. Cannizzaro, an active and deeply involved Board member who could have been appointed for an additional three-year term. Mr. Cannizarro has multiple cases assigned to him for review and is an active member of the Public Official Liaison Committee working on the time-sensitive transition into the City. Had the Board been given notice of the removal, we could have prepared and arranged for the reallocation of work in advance. Indeed, during the October 2023 CPRB Public Official Liaison Committee meeting, we inquired about the Mayor’s Call for Application process for CPRB membership. Your office informed us that the appointment process involves an informal review of resumes and subsequent appointments. Because the CPRB has only one full-time staff member, and because board member transitions take time and resources - including case reviews that are occurring, scheduling engagements with the Albany Police Department, and board member training - we advocated for a more structured and communicative approach to these appointments to avoid what has occurred in this instance. Looking ahead, we hope for improved communication and transparency regarding Mayoral Appointments to the CPRB. More transparent procedures will facilitate better strategic planning for the Board's operations and uphold its integrity and effectiveness. Thank you for your consideration. Sincerely, ______________________ Nairobi Vives, Esq., Chair Albany Community Police Review Board CC: Shaniqua Jackson, City Clerk Marisa Franchini, Corporation Counsel Brett Williams, Senior Assistant Corporation Counsel David Galin, Esq. Chief of Staff Anthony Battuello, Deputy Chef, Albany Police Department Melissa Morey, Commander, Albany Police Department Dr. Dorcey Applyrs, Chief City Auditor Hon. Corey Ellis, Council President of Common Council Hon. Kelly Kimbrough, President Pro Tem of Common Council Hon. Ginnie Farrell, Majority Leader of Common Council Michele Andre, Program Manager of CPRB Anne Pitlyk, Constituent Service Assistant April 15, 2024 Commander Melissa Morey Albany Police Department 165 Henry Johnson Boulevard Albany, NY 12210 RE: Invitation for APD Representative to Present at CPRB Public Monthly Meeting Dear Commander Morey - Firstly, I would like to express our sincere appreciation for accommodating our recent meeting at APD Headquarters on April 4. It was invaluable to have the opportunity to engage with you and discuss matters vital to our roles within the community. I am writing to provide clarity regarding our previous discussion and formalize our request for an APD representative to participate in one of our upcoming CPRB Public Monthly Meetings. Specifically, we would greatly appreciate a representative from the APD training unit to deliver a concise 5–10-minute presentation on two pivotal topics: the APD Special Units, particularly focusing on the Children and Family Services Unit, and Critical Incidents and Unusual Occurrences. Following this presentation, we envision a Q&A session where our Board Members can engage with the representative, fostering a deeper understanding of APD operations among both our board and the public. For instance, inquiries may revolve around the staffing within the unit, operational hours, and avenues for community members to access its services in times of need. Furthermore, the Board is keen on understanding the unit's emergency protocols and the range of services it extends to the community. This presentation offers a valuable opportunity for community members to gain insight into the workings of the Albany Police Department and to learn more about initiatives such as the Citizen Police Academy. Additionally, we're interested in details about any upcoming academies, the application process, curriculum, duration, instructors, and any open positions within APD that might be advertised during this presentation. Our monthly meetings serve as a platform for reviewing complaints, addressing queries, and sharing community concerns pertaining to police-community relations in Albany neighborhoods. Past meetings have featured presentations from various organizations, such as the Albany Stratton VA Medical Center Health Care for Homeless Veterans - Veterans Justice Program and Albany LEAD, highlighting the diversity of resources available to residents. By extending this invitation to the APD, we aim to enhance communication channels between the department and community members, furthering our shared goal of fostering trust and understanding. Moreover, we're eager to collaborate with the police department to raise awareness of the diverse range of services it offers beyond traditional patrol, traffic enforcement, and internal affairs duties, thereby enriching the resources available to our community. Thank you for considering our request. We eagerly anticipate the opportunity to collaborate with you and your team to facilitate this informative session. Should you have any questions or require further information, please do not hesitate to reach out. Sincerely, ______________________________ John Levendosky, Chair of CPRB Standing Committee on Investigation Albany Community Police Review Board May 7, 2024 Budget Director Gideon Grande Albany City Hall 24 Eagle Street Albany, NY 12207 Subject: Request for Guidance on CPRB Budget Submission for Fiscal Year 2025 Dear Budget Director Grande, The Albany Community Police Review Board (CPRB) is reaching out to respectfully seek your guidance to ensure a smooth and transparent process for the CPRB's budget submission for the upcoming fiscal year 2025. As you are aware, the CPRB is nearing the end of its contract with the Albany Law School’s Government Law Center (GLC) to provide administrative services. The CPRB is in the midst of integrating CPRB staff into the City, which is a complex and time-consuming process. Accordingly, it is imperative for the CPRB to adequately plan to avoid any disruption in operations when the GLC contract terminates in December 2024. In that vein, the CPRB requests insight into the specific details and requirements that the CPRB should include in its budget proposal to your administration. Specifically, we seek clarification on the deadline for submission and any recommended templates or formats for the budget submission to the City administration. Thank you for your attention to this matter. The CPRB would be pleased to meet with you or your designee as soon as possible, preferably no later than June 1, 2024. Please do not hesitate to reach out to me at your convenience should you have any questions or require further discussion. Sincerely, ______________________________ Nairobi Vives, Esq., Chair Albany Community Police Review Board CC: Mayor Kathy Sheehan Members of Albany Common Council Council Member Robinson, Hoey, and Romero introduced the following: LOCAL LAW D OF 2024 A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INDEPENDENT ADMINSTRATIVE AGENCY INTO THE CITY Be it enacted by the Common Council of the City of Albany as follows: Section 1. Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions) of Part 21I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read as follows: § 42-332 Legislative findings; purpose. A. The Common Council hereby finds and declares that abuse of authority, incivility, rudeness, prejudice or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual orientation, marital or domestic partner status, or mental or physical ability has no place in the actions, customs, practices, policies or procedures of the City of Albany Police Department. B. The Common Council further finds and declares that it is in the public interest of the City of Albany to have an independent mechanism to fairly review the conduct of law enforcement officials. C. The Common Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental and executive scrutiny and accountability. D. The Common Council further finds and declares that an effective program to improve the relationship between the community and the Albany Police Department requires certain independent authority and power to review the handling of complaints of police misconduct. E. The purpose of this Part 33 is to create an independent review body with respect to complaints of misconduct by officers of the Albany Police Department. The remedies created by this Part 33 are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public and to create a complaint review process that is free from bias and informed of actual police practices. § 42-333 Definitions. Material in strikethrough to be deleted. New material is underlined. For purposes of this Part, the following words and phrases shall have the meanings described in this section: ADMINISTRATIVE AGENCY The agency responsible for administration of the CPRB pursuant a request for qualifications (RFQs), as described in § 42-352. APD The City of Albany Police Department. CHIEF The Chief of Police of the Albany Police Department. COMPLAINT A statement concerning police conduct which is either submitted to the Community Police Review Board for filing with the Albany Police Department or filed directly with the Albany Police Department. CPRB The Community Police Review Board. EXECUTIVE DIRECTOR Formatted: Font: Bold A City employee appointed to serve as the director of the Office of the Community Police Review Board, who serves at the direction and at the pleasure of the Community Police Review Board. GENDER Shall have the same meaning as set forth in § 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of this Code. MEDIATION A structured dispute resolution process in which a neutral third party assists the disputants by facilitating a nonbinding intervention. OFFICER Any sworn police officer of the City of Albany Police Department affected by an individual's complaint. PROFESSIONAL STANDARDS The Professional Standards Unit of the City of Albany Police Department. § 42-334 CPRB establishment; appointment of members; funding. Material in strikethrough to be deleted. New material is underlined. A. There is hereby established a Community Police Review Board (CPRB) comprised of nine members, five of whom shall be appointed by the Common Council and four of whom shall be appointed by the Mayor. B. Members shall be appointed for three-year terms; provided, however, that: 1. Of members initially appointed by the Common Council: one shall be for a term of one year; two shall be for a term of two years; and two shall be for a term of three years. 2. Of members initially appointed by the Mayor: one shall be for a term of one year; one shall be for a term of two years; and two shall be for a term of three years. C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership. D. Members shall continue to serve on the CPRB until their successors have been appointed. E. Annually, the members of the CPRB shall elect from their membership a member to serve as Chair. F. Upon submission to the Common Council, the annual proposed City of Albany operating budget shall include a separate appropriation to fund CPRB operations in an amount which is not less than 1% of the total proposed budget of the Albany Police Department. G. The Corporation Counsel shall advise and represent the Board as it would other public boards in accordance with applicable state and local law(s). Additionally, the CPRB may seek and retain separate legal counsel, whether on staff or contract, for any purpose otherwise authorized under this Part 33 in addition to utilization of the services of the Corporation Counsel at the CPRB's discretion. H. The CPRB shall annually adopt an operating budget within amounts available which, upon adoption, shall be transmitted to the Mayor and members of the Common Council. All contracts for outside services (legal or other) shall be procured in accordance with applicable procurement requirements. §42-334-a Incorporation of the Community Police Review Board Administrative Agency as Formatted: Font: Bold an Independent Administrative Agency in the City of Albany Formatted: Font: Bold Formatted: Font: Bold A. The Common Council recognizes that, since November 1, 2000, the CPRB has operated under a model in which it has solely contracted with outside entities in Formatted: Indent: First line: 0" performance of its statutorily mandated powers and duties bestowed by this chapter. Material in strikethrough to be deleted. New material is underlined.  B. It has become necessary, for practical, budgetary, and good governance reasons to ensure that the CPRB and its members are incorporated into the formal structure of the City of Albany, while at the same time maintaining its absolute independence so as it to allow the CPRB to provide for objective, and independent police oversight in the City of Albany. Formatted: Indent: Left: -0.01", Hanging: 0.51", Right: C. By operation of this law, the CPRB is incorporated as an independent administrative 0", No bullets or numbering agency in the City of Albany, and shall operate and possess all access to the administrative, Formatted: List Paragraph, Numbered + Level: 1 + budgetary, and financial resources granted to all City of Albany entities, under the Numbering Style: A, B, C, … + Start at: 1 + Alignment: oversight of the Albany Common Council. Left + Aligned at: 0.25" + Indent at: 0.5" §42-334-b Establishment of an Executive Director for the CPRB A. The day to day administrative operations of the CPRB shall be under the direction and Formatted: Font: Not Bold control of an Executive Director. The Executive Director shall be responsible for ensuring Formatted: Font: Not Bold the proper functioning of the CPRB, consistent with the provisions of this law. The Executive Director shall prepare and present such reports that are consistent with the duties enumerated herein and as required by resolution, ordinance or local law duly enacted by the common council. Formatted: Indent: Left: 0.57", No bullets or B. The Executive Director of the CPRB be shall be appointed by the Albany Common numbering Council, upon recommendation of the CPRB. The Executive Director shall assume its role and responsibilities upon receiving a majority vote in the affirmative from both the members of the CPRB and the Albany Common Council. Formatted: Normal, No bullets or numbering C. Within 30 days of appointment, the Executive Director may designate and hire such employees, staff, and consultants, as authorized by the annual budgetary appropriations, and any amendments made thereto by the Board of Estimate and Apportionment. All deputies, directors, and subordinates shall serve at the pleasure of the Executive Director. The Executive Director serves at the direction and pleasure of the Community Police Review Board Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 0.57", First § 42-335 Removal of members; filling of vacancies. line: 0" CPRB members may be removed at any time for cause by a two-thirds vote of the Common Council. Any vacancy occasioned by resignation, death or removal of a member shall be filled within 60 days in the same manner as the predecessor to fill the unexpired term. § 42-336 Qualifications of members. A. Members of the CPRB shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. Material in strikethrough to be deleted. New material is underlined. B. The Common Council and the Mayor shall endeavor to reflect community diversity in their appointments, including income level, race, ethnicity, age, gender, sexual orientation and experience, and shall, in their appointments, solicit recommendations from the community. Officers (as defined in the City of Albany Charter), current employees of the City of Albany and the immediate relatives of officers and employees shall not be eligible for appointment. C. Members of the CPRB and their immediate family shall not be former employees of APD. § 42-337 Quorum. Five members of the CPRB shall constitute a quorum. Five votes shall be required for any action. § 42-338 Bylaws and rules. The CPRB, with the advice and assistance of the Administrative Agency, shall adopt, and the Common Council shall approve, rules and bylaws for the transaction of CPRB affairs, including the manner of calling and giving notice of special meetings and the appointment and duties of any special committees. § 42-339 Employment of experts; expenses; Board of Estimate and Apportionment. A. The CPRB, through its Executive Director, shall have the power and authority to employ Formatted: Underline experts and a staff, and to pay for their services and such other expenses as may be necessary Formatted: Underline and proper, not exceeding in all the appropriations that may be made for such Board and in Formatted: Underline accordance with the budget adopted pursuant to § 42-334[F]. Expenditures not in accordance with the with the budget adopted pursuant to § 42-334[F] shall , which services and expenses Formatted: Underline shall in the first instance be authorized and approved by the Board of Estimate and Formatted: Underline Apportionment, pursuant to Article VI of the City of Albany Charter. Formatted: Underline B. The CPRB, through its Executive Director, may hire and appoint employees, staff, and Formatted: Underline consultants which are necessary to ensure the proper functioning of the board pursuant to the Formatted: Underline provisions of this chapter. Through its Executive Director, the CPRB may and prescribe the Formatted: Underline duties of the employees under its control. employed in by the CPRB. In addition, subject to Formatted: Underline any applicable state, local, or federal civil service laws, when CPRB deems it necessary the CPRB may, subject to the above-mentioned limitations, suspend without pay, demote, Formatted: Indent: Left: 0.24", No bullets or numbering discharge, remove, or discipline any employee the CPRB is empowered to appoint. The CPRB shall comply with all applicable provisions of the New York State Civil Service Law and relevant federal, state, and local law when it comes to the demotion, discharge, removal, or discipline of any and all of the employees which it has been authorized to appoint by operation of this law. Formatted: Normal, No bullets or numbering C. The CPRB shall possess full independence when it comes to the appointment and removal of Formatted: List Paragraph, Numbered + Level: 1 + any employee whom it is empowered to appoint. Neither an elected official of the City of Numbering Style: A, B, C, … + Start at: 1 + Alignment: Albany, nor any other officer of the City of Albany, shall dictate the appointment or removal Left + Aligned at: -0.01" + Indent at: 0.24" of any employee whom the CPRB is empowered to appoint. That notwithstanding, the Albany Common Council, Mayor, City Auditor Neither the Common Council nor any of its members, nor the Mayor, nor any other officer of the City of Albany shall in any manner dictate the appointment or removal of any employee whom the CPRB is empowered to appoint, but the Material in strikethrough to be deleted. New material is underlined.  Council, Mayor, and other officers may make recommendations regarding staff to ensure the proper functioning of staff, consistent with the annual budget adopted pursuant to Article VI of the Charter of the City of Albany. express their views and fully and freely discuss with the CPRB anything pertaining to the appointment and removal of such officers and employees. § 42-33940 Training and orientation of members. The Administrative Agency shall coordinate and conduct training and orientation of CPRB members and recommend for adoption by the Common Council written standards for orientation of appointees and continuing training of all CPRB members. The CPRB and Police Department shall designate an individual or firm to collaborate on the creation of a program for the training and orientation of CPRB members, and create a list of acceptable trainings. The CPRB Completion completion of the orientation program concerning the goals, powers and procedures of the CPRB is required before a member may participate as a voting member. In addition, graduation from the Albany Police Department's Community Police Academy (the curriculum of which shall include training in the laws applicable to public record concerns, internal affairs investigations, confidentiality issues and liability statutes; training in police procedures; participation in ride- alongs; defensive tactics training; firearms familiarization; and emergency vehicle operations) within six months of the start of the member's term is required, unless no suitable programs were available at Albany Police Academy during that timeframe. Further, the the designated individual or f firm Administrative Agency shall provide to CPRB members, and the members shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer and shall additionally include a review and update of relevant federal and state statutory amendments and case law. Further, at least one member of the CPRB shall be designated to become a member of the National Association of Civilian Oversight of Law Enforcement, and at least one member shall attend its annual conference. § 42-3401 Recommendations, reports, data collection and analysis. A. The CPRB may make recommendations to the Common Council and the Mayor regarding police policies and practices relevant to the goals of community policing and the exercise of discretionary authority by police officers. B. The Administrative Agency, on behalf of the CPRB shall file quarterly and annual reports with the Common Council and the Mayor which contain statistics and summaries of complaints, including a comparison of the CPRB's findings with the final determinations of the Department. The Administrative Agency CPRB shall contract with one or more local colleges, universities or research institutions to conduct surveys of complainants concerning the level of their satisfaction with the process and to conduct surveys of the community to get feedback concerning the CPRB and the Police Department. The results of those surveys shall be reported to the CPRB, the Chief and the Common Council. In addition, the Administrative Agency CPRB shall collect data concerning alleged offenses and offenders and report this data to the Chief. The Chief shall analyze and use the data Material in strikethrough to be deleted. New material is underlined.  concerning repeat alleged offenses and offenders to implement an “early warning system” to track repeat alleged offenses and offenders reported to CPRB and the Police Department. C. The Chief shall issue a quarterly report to the CPRB on disciplinary investigations and action taken within the Department and resolutions thereof. Such reports shall include both individualized information about specific cases and aggregate information. Additionally, the CPRB is authorized to request a report from the Chief on whether disciplinary action was taken in any specific case. D. The CPRB may perform, or cause to be performed, an audit to assess the investigation and adjudication of civilian complaints. § 42-3412 Member responsibilities. CPRB members shall: A. Maintain absolute confidentiality with respect to confidential or privileged information they receive and maintain a thorough knowledge of the legal protection accorded to police records, including the penalties imposed for violations. B. Obey all laws respecting individuals' rights of privacy and confidentiality of records. C. Not remove any Police Department, Professional Standards, personnel or other confidential files, records or tapes from City offices except as authorized under this article. D. Excuse themselves from participating in the review of any complaint in which they have a personal, professional or financial conflict of interest. E. Conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CPRB and refrain from making any prejudicial comments with respect to the CPRB, complainants or police officers. F. Participate in orientation and training programs in accordance with § 42-33940 of this Part. § 42-3423 Initiation of complaints. A. Complaints may be received directly by the CPRB, or upon referral from OPS, the Mayor, the Common Council, any Council Member, the City Clerk, or the Chief. Any complaint received and accepted by the CPRB shall be transmitted to OPS, and any complaint received and accepted by OPS shall be transmitted to the CPRB. Complaints shall be filed within 180 days of the date of the incident giving rise to the complaint. B. The CPRB shall receive complaints by telephone, in person, by mail, email or web form. Material in strikethrough to be deleted. New material is underlined.  Complaints shall be received and considered, whether submitted under signature or anonymous. Efforts to simplify the procedure shall be made to encourage filing. Professional standards of confidentiality with regard to the written release of information and informed consent shall apply to all complaints filed. With respect to the confidentiality of all interested parties, the CPRB shall comply with all local, state, and federal laws. C. Before proceeding with the complaint process, the CPRB shall make the complainant aware of and provide a referral to organizations that advocate for people who have experienced police misconduct and can explain the process of the CPRB and other options that exist beyond the CPRB's jurisdiction. D. The CPRB shall have full access to information about any officer involved in the events that are the subject of a complaint, including information about prior complaints involving that officer and any action taken in response to those complaints. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB's findings, or otherwise make public, such information that is not otherwise subject to confidentiality standards. E. When a complaint is filed, and OPS is in the possession of any audio or video footage pertaining to the incident (including, but not limited to, body camera footage and dashboard camera footage), OPS shall make such footage available for any members of the CPRB upon request. If OPS fails to make the footage available within 14 days of the request, it shall forward a notice to the CPRB and the Common Council explaining the delay. Upon request of the CPRB, the Common Council may, after consideration, direct the release of such footage to the CPRB notwithstanding the requested delay. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB's findings, or otherwise make public, such information. F. When a complaint is filed, the Chief or their designee and the CPRB shall, pursuant to § 42-347, determine whether the mediation is appropriate. § 42-3434 Powers and duties. A. The CPRB shall have the power to conduct independent investigations as it deems warranted, even in the absence of a complaint being filed with either OPS or CPRB; the power to issue subpoenas to compel testimony and the production of evidence, and the power to discipline officers if a complaint of misconduct is sustained subject to due process procedures and findings. B. The CPRB shall establish a disciplinary matrix in conjunction with the Chief. Such matrix shall include clearly delineated penalty levels with ranges of sanctions which progressively increase based on the gravity of the misconduct and the number of prior sustained complaints. The CPRB, in consultation with the Chief, shall review the disciplinary matrix annually, and consider any recommended changes. The CPRB shall also seek input from Material in strikethrough to be deleted. New material is underlined.  the public while establishing and reviewing disciplinary matrices. The Chief shall decide the final version of the disciplinary matrix to be used after public input facilitated with the CPRB. C. The CPRB shall periodically review and assess APD policies, procedures, patterns, practices and training and may recommend changes to the APD. Written acknowledgment of receipt of recommendations will be sent to the Chair of CPRB from the Chief within 60 days with a detailed listing of what items are and are not being implemented. D. The CPRB and the Chief shall establish a cooperative relationship to ensure the orderly and efficient flow of information. E. Accessibility. 1. The CPRB shall provide or arrange language access for limited- or non-English proficient complainants and witnesses at all stages of the investigative and adjudicative process. Language access shall be available during all operating hours of the CPRB. 2. The CPRB shall provide reasonable accommodations in accordance with federal, state and local law to individuals with disabilities at all stages of the investigative and adjudicative process. Such accommodations shall be available during all operating hours of the CPRB and shall include but not be limited to: accessible means of egress, accessible means of communication via auxiliary aids or services giving primary consideration to preferences of the individual deserving such services, and access to ASL interpreters. F. Investigation of complaints. 1. The CPRB may interview complainants, witnesses and APD officers, and gather relevant evidence. OPS shall provide the CPRB with written notice of the commencement of any investigation, and likewise, the CPRB shall provide the OPS with written notice of the commencement of any investigation. 2. The CPRB shall have the power to investigate any and all conduct, acts or omissions by any APD officer independent of any investigation conducted by OPS. 3. Subpoenas may be issued by the CPRB at any time during the review and adjudication processes. Such subpoenas may compel the attendance of witnesses, APD officers, APD employees, and/or persons, and require the production of records and other materials, including records of the APD, other persons or other agencies. A copy of any subpoena served upon an APD officer or employee shall Material in strikethrough to be deleted. New material is underlined.  also be delivered to the Chief. CPRB subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. 4. Upon receipt of a complaint, within the time frame allotted in accordance with any applicable police collective bargaining agreement, OPS shall provide to the CPRB its entire investigative case file related to the complaint. Thereafter, OPS shall send any newly acquired evidence to the CPRB within five business days of the acquisition of the evidence. If OPS makes any findings with respect to the complaint, they shall send all such findings to the CPRB within five business days. 5. One police officer holding the rank of Captain or higher shall be made available by the Chief to the CPRB at the CPRB's request to serve as a consultant or advisor should questions arise from members of the CPRB regarding specific police practices, policies, or general orders. The officer so assigned shall be neither from OPS nor the commanding officer of the officer(s) involved in the case being reviewed. 6. A complainant may, at any time, decline to have their complaint investigated and reviewed by the CPRB. Such declination must be made in writing. 7. Statements made by complainants, APD officers or employees, or witnesses are subject to the CPRB's determinations of weight and credibility. Participation or lack of participation in the hearing process may be considered by the CPRB as one factor in their determination of credibility. 8. The Chief shall take no final action on a complaint, whether received directly by the APD or by the CPRB, until receipt of the CPRB's findings and decision, or notice that the CPRB has determined no disciplinary action is appropriate. Nonetheless, the Chief shall retain the authority to suspend an APD officer during the investigation and adjudication of a complaint against the APD officer, as well as the authority to impose any additional discipline for an officer above and beyond that recommended by the CPRB. Any documentary information that the Chief discusses in public or with the media must be made available to the CPRB. § 42-3445 Findings of the CPRB. A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case: 1. Sustained: where the review discloses sufficient facts to prove the allegations made in the complaint. Material in strikethrough to be deleted. New material is underlined.  2. Not Sustained: where the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint. 3. Exonerated: where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. 4. Unfounded: where the review shows that the act or acts complained of did not occur or were misconstrued. 5. Ineffective Policy or Training: where the matter does not involve guilt or lack thereof, but rather ineffective departmental policy or training to address the situation. 6. No Finding: where, for example, the complainant failed to produce information to further the investigation; or where the investigation revealed that another agency was responsible and the complaint or complainant has been referred to that agency; or where the complainant withdrew the complaint; or where the complainant is unavailable to clarify the complaint. B. If the CPRB fails to render a finding referenced above within 60 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter, unless the CPRB shall advise the Chief, the complainant and the affected officer in writing of the reason for the delay in rendering its finding. In such case, the CPRB shall provide the Chief, the complainant and the affected officer with monthly updates on the status of the complaint. In any event, if the CPRB fails to render a finding referenced above within 120 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter. § 42-3456 Final determination. At the conclusion of its review, the CPRB shall make its finding known to the Chief, the affected officer and the complainant within 30 days. The Chief of Police shall review the Department's preliminary report in light of the CPRB's finding and then make the Department's final determination known to the CPRB, the affected officer and the complainant. In the event that the Department's final determination is inconsistent with the CPRB's finding, the CPRB may request that the Chief provide a written explanation of the Department's final determination. § 42-3467 Mediation process. A. A mediation process shall be established and coordinated by the Administrative Agency APD and CPRB in accordance with this section and Part 3 of this chapter. Material in strikethrough to be deleted. New material is underlined. B. By February 1 of each year, the APD and the CPRB shall jointly designate an individual to serve as the Mediation Coordinator, who shall receive training as a mediator. If no individual can be agreed upon by CPRB and the Albany Police Department by February 1 of each year, CPRB shall unilaterally designate an individual to serve as the Mediation Coordinator, who shall receive training as a mediator. BC. Mediation shall be conducted at no cost to the complainant or officer by highly trained and experienced mediators selected from a list compiled by the Administrative Agency Mediation Coordinators and approved by the Common Council and the Mayor. The Administrative Agency Mediation Coordinators, the Common Council, and the Mayor shall endeavor to reflect community diversity in this list of mediators. The Administrative Agency Mediation Coordinators shall develop an appropriate training curriculum which each mediator shall be required to complete. Each mediator shall be a graduate of the Albany Police Department's Community Police Academy. In addition, the Administrative Agency Mediation Coordinators shall provide to the mediators, and the mediators shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer. CD. Upon receipt of complaint, unless the case involves an allegation of excessive force, an alleged violation of civil rights or an allegation of criminal conduct against an officer, or the complaint is a result of an incident that involves an arrest, or if there was an injury to either party, or if there was property damage by an officer, the complaint will be considered appropriate for mediation. DE. An eligible complaint shall be reviewed for potential recommendation for mediation by the Board and by the Chief or his designee. Five members of the Board will be contacted by the Administrative Agency APD CPRB and a decision made as to appropriateness for mediation by a majority of those five members. A decision regarding mediation shall be made within two business days by both the Board and the Chief. If either the Board or the Chief finds a complaint inappropriate for mediation, then the matter shall be referred to OPS for investigation consistent with this article. EF. If the Board and the Chief recommend a complaint for mediation, both the complainant and the officer will have the option of electing to continue with the mediation process. If either party declines mediation or fails to participate in the mediation in a timely manner, then the matter shall be referred to OPS for investigation consistent with this article. FG. If the parties agree to mediate, then the complaint will not be investigated by the Police Department regardless of the outcome of the mediation, unless the complaint is subsequently referred back to OPS pursuant to subsection §§ 42-346(F), (J). GH. If the parties agree to mediate, the process shall follow the mediation protocols adopted by the Board. Material in strikethrough to be deleted. New material is underlined. HI. Every reasonable effort shall be made to schedule mediation during an officer's normal working hours. IJ. Mediators shall conduct mediation sessions with officers and complainants at times and places agreed upon by the parties. If the parties cannot agree on a time and place to mediate within one month of the recommendation for mediation, the matter shall be referred to OPS for investigation consistent with this article. JK. In conducting the mediation, the mediators may not impose an outcome on the parties. KL. Mediation sessions shall be closed to the public. Matters discussed shall be confidential. LM. 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 a subpoena to give testimony or produce anything related to the mediation. MN. Upon the completion of the mediation process, the CPRB shall issue a finding of "Mediated," and the allegations shall be deleted from the officer's CPRB history. § 42-3478 Meetings. A. The CPRB shall hold its first meeting within 30 days after a quorum of its members has completed the orientation program. At that meeting, the CPRB shall fix the time and place for its regularly scheduled meetings. B. The CPRB may conduct both public and closed meetings as allowed or required by the Open Meetings Law. C. The Chief shall designate a representative from Professional Standards to attend meetings of the CPRB and to provide information and advice to the CPRB. The representative shall not be viewed as a member of the CPRB. D. Officers and complainants may attend meetings of the CPRB. E. The Administrative Agency shall provide all staff services to the CPRB, including the maintenance of CPRB files and records. Furthermore, the Administrative Agency shall be responsible for the preparation of CPRB reports and review findings and recommendations referenced in this Part. § 42-3489 Suspension of proceedings. Upon the written recommendation of the Corporation Counsel, the Common Council and the Mayor concurrently may suspend the CPRB review of any complaint where a separate criminal Material in strikethrough to be deleted. New material is underlined. investigation is underway or where a civil action against the City is underway or pending. Upon the conclusion of such separate proceedings, the CPRB may resume or undertake its review § 42-34950 Information sharing. The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-3434 of this Part concerning an incident or police practice subject to a complaint. § 42-3501 Community outreach. The CPRB, with the assistance of the Administrative Agency, shall inform the public about the CPRB and its duties. It shall develop and administer an ongoing program for the education of the public as to the mission and purposes of the CPRB process and the law established by this Part, which shall include the use of informational pamphlets and seminars. § 42-350.1 Retention of Administrative Agency. In consultation with the CPRB and the Common Council, the Administrative Agency shall be retained pursuant to a request for qualifications (RFQ), periodically issued by the Corporation Counsel, to undertake the administrative functions of such agency as set forth in this Part 33. Such agency shall have the capacity to undertake legal and other research as necessary, development of administrative procedures, and statistical and report compilation in addition to such other functions set forth in this Part. § 42-3512 Construction of Part. The purposes of this Part favor resolution of ambiguity toward the goal of promoting public documentation and openness in the resolution of complaints of misconduct by police officers. This Part shall be deemed to supersede and repeal any and all provisions of local laws or local administrative orders which are inconsistent or conflict with any provisions of this Part. No report, finding or determination made pursuant to this Part shall in any way conflict with or abridge the rights of complainants or officers guaranteed by the United States Constitution, the New York State Constitution or any federal or state law, rule, regulation or administrative order. § 42-3523 Severability. If any clause, sentence, paragraph, sections or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, sections or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. This local law shall take effect upon final passage within the earlier of either 30 days of final passage of this law, or by on January 1, 2025, upon public hearing and filing with Formatted: Indent: Left: 0", First line: 0", Right: 0.01", The New York State Secretary of State. Space After: 1.1 pt, Line spacing: Multiple 1.08 li Material in strikethrough to be deleted. New material is underlined. APPROVED AS TO FORM THIS 3RD DAY OF APRIL, 2024 _________________________________ Corporation Counsel Material in strikethrough to be deleted. New material is underlined. To: Shaniqua Jackson, Acting City Clerk From: Jake Eisland, Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 3, 2024 Sponsor: Council Members Robinson, Hoey, and Romero LOCAL LAW D OF 2024 TITLE A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO BRINGING THE CPRB INDEPENDENT ADMINSTRATIVE AGENCY INTO THE CITY Formatted: Justified GENERAL PURPOSE OF LEGISLATION To separate the CPRB from an administrative agency and incorporatingbring it into the city allowing it hire its own full-time employees, organize and utilize its budget with standard Formatted: Indent: Left: 0" oversight, and share services with other City departments to improve operational efficiency. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW At the end of 2024, the CPRB’s contract with the Government Law Center at Albany law School will end. Currently, the operation of the CPRB is required by law to be dependent on the existence of an administrative agency such as the Government Law Center. This legislation will permit the CPRB’s Administrative Agency to operate independently, as a part of the City, without the assistance of an external administrative agency. FISCAL IMPACT None. Yes