Community Police Review Board

NOTICE OF CPRB PUBLIC MONTHLY MEETING AGENDA Thursday, November 14, 2024 – 6:00 PM NOTE: Effective January 1, 2025, the Albany Community Police Review Board will be located at 175 Central Avenue, 5th Floor, Albany, NY 12206. THERE ARE THREE WAYS TO ATTEND AND PARTICIPATE: 1. In Person: West Wing Classroom (W212) of Albany Law School's 1928 Building, 80 New Scotland Avenue, Albany, NY 12208 (Parking Lot Entrance on Holland Ave.) 2. Online: Participate via Online Zoom enter code: 812 8068 0884 and numeric meeting password: 880330 3. Listen: 1 646 931 3860 US and enter code: 812 8068 0884 and numeric meeting password: 880330 SUBMIT WRITTEN PUBLIC COMMENT: 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. BOARD MEMBERS: Chair Nairobi Vives, Vice Chair Veneilya Harden, Secretary Paul Collins- Hackett, Reverend Dr. Victor L. Collier, Antoinette Santos, John Levendosky, Victor Person, and Milton M. Arroyo. STAFF: Government Law Center Program Director Chel Miller, Outside Counsel Michael Goldstein, and Outside Counsel Mark Mishler The Albany Community Police Review Board (CPRB) independently reviews and investigates complaints of alleged misconduct committed by officers of the City of Albany Police Department (APD). The CPRB is staffed by civilians, and it is not part of the APD. 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. Please be advised that according to Albany Law School, the possession of firearms or weapons is prohibited on any property owned or occupied by the school. 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. 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. Albany Community Police Review Board Agenda Thursday, November 14, 2024 I. CALL TO ORDER & ROLL CALL (N. Vives/V. Harden) II. APPROVAL OF NOVEMBER 14, 2024 AGENDA (N. Vives/V. Harden) III. REPORT FROM THE OFFICE OF PROFESSIONAL STANDARDS IV. PUBLIC COMMENT (Three (3) minutes Per Person) (N. Vives/V. Harden) V. CASE REVIEW A. CC2021-005 V. Person & Monitor Al Lawrence The complainant alleged that she was parked on the side of the road, texting, when an Albany Police Department vehicle pulled up behind her. The complainant reported that the officers indicated that they smelled cannabis and forcibly removed her from her vehicle. The complainant also alleged that an APD officer handcuffed her and twisted her arm to the point where she lost feeling in her hand through her driver’s side window, while she was still in the car. Additionally, the complainant alleged that a second officer sprayed her with pepper spray. The complainant stated that, when she tried to remain inside her car, one of the officers punched her arm to make her let go of the steering wheel. The complainant alleged that several male officers dragged her out of her car. The complainant reported feeling strikes to her back and her face smashed into the ground, with one officer kneeling on her face. Moreover, the complainant states that when she was brought to the station, she asked for medical attention because her eyes were burning and she did not feel well, but she was told she was faking. Allegation(s): Arrest Authority & Procedure (1ct); Use of Force (1ct); Treatment of Persons in Custody (2cts) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) B. CC2021-015 A. Santos & Monitor Al Lawrence The complainant alleged that an APD officer antagonized her during an encounter with Albany County Sheriff’s Deputies, who the complainant alleged were breaking into her car. The complainant has filed a complaint with the Albany County Sheriff’s Department concerning her encounter with the Deputies. The complainant alleged that, while she was counting how many Sheriff’s Deputies were around her vehicle, the APD officer antagonized her by counting “1-2-3.” The complainant alleged that the officer’s actions caused her emotional distress. Allegation(s): Call Handling (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) C. CC2022-021 J. Levendosky, A. Santos & Monitor Al Lawrence The complainant alleged that an individual named “Terrell” who claimed to be a police officer has sexually harassed and abused her for multiple years. Allegation(s): Conduct Standards (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) D. CC2022-026 J. Levendosky & Monitor Al Lawrence The complainant alleged that an APD officer endangered the lives of multiple people by driving recklessly and fast, without warning, through a park near pedestrians. The complainant stated that an officer, speaking through a loudspeaker, threatened to ticket and tow vehicles that were parked. The complainant alleged that the police vehicle’s headlights were on maximum brightness and that the officer engaged the vehicle’s emergency lights and quickly fled the park to avoid being identified. Allegation(s): Vehicle Operation (2cts) & Conduct Standards (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) E. CC2024-024 A. Santos & Monitor Al Lawrence The complainant alleged that an APD officer exercised abuse of authority and discriminated against the complainant based on gender, race, and sexual orientation. The complainant alleged that the officer used a homophobic slur, accused the complainant of selling drugs, and did not inform the complainant of their Miranda rights when arresting the complainant. Allegation(s): Conduct Standards (1ct); Arrest Authority & Procedures (2cts) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) F. CC2022-052 A. Santos & Monitor Al Lawrence The complainant alleged that APD officers used excessive and unnecessary force while placing her boyfriend into custody while he was resisting his arrest for a domestic incident. The complainant alleged that arresting officers placed a knee on the boyfriend’s back, twisted his arm, and pushed his face into the ground. The complainant stated that one of the two officers laid across her boyfriend’s body while trying to handcuff him. The complainant alleged that a third officer kicked the boyfriend in the foot or leg as the officers took him to a patrol car because he was resisting arrest. The complainant stated that, throughout the incident, she was screaming for the officers to stop and for the boyfriend to stop resisting arrest. Allegation(s): Use of Force (3cts – 1ct per officer involved) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) G. CC2020-018 J. Levendosky & Monitor Julie L. Schwartz The complainant alleged that he was falsely arrested for robbery in the 1st degree and criminal possession of a weapon in the 2nd degree. The complainant alleged that an acquaintance’s mother conspired with an APD officer to have the complainant arrested. Allegation(s): Arrest Authority & Procedure (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) H. CC2022-041 J. Levendosky & Monitor Julie L. Schwartz The complainant alleged that APD Detectives came to her home on multiple occasions to harass and threaten her partner into agreeing to allegations of a crime that he did not commit. The complainant alleged that she was threatened by a detective to convey a message to her partner or she ran the risk of having him arrested. The complainant described the detectives’ behavior as rude, disrespectful, unprofessional, bullying, vague, and unorthodox. Allegation(s): Conduct Standards (2cts); Arrest Authority & Procedure (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) I. CC2022-010 J. Levendosky & Monitor Julie L. Schwartz The complainant alleged that an APD Detective exhibited unprofessional, racist, and sexist behavior towards the complainant when she attempted to report a robbery. The complainant stated that she was quickly and rudely dismissed during the encounter. Allegation(s): Conduct Standards (1ct); Call Handling (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) J. CC2021-025 A. Santos & Monitor Al Lawrence The complainant alleged that on March 6, 2019, APD officers conducted a “no-knock” raid and kicked in the door to his residence. The complainant alleged that APD officers handcuffed him in his living room and brought five unknown men, who were also handcuffed, into the residence. The complainant alleged that the APD officers proceeded to perform strip-searches and cavity searches on the unknown men and the complainant before bringing all of the men to the precinct for processing. The complainant alleged that the officers’ entry caused cooking oil to spill on his clothing and that the officers seized $800.00, which has not since been returned. The complainant reported that he was charged with possession of a firearm and various drug charges, most of which were later dismissed. The complainant reported that he lost his apartment and property and became homeless as a result of this incident. Allegation(s): Conduct Standards (1ct); Arrest Authority & Procedure (1ct); Evidence & Property Handling (1ct) 1. Discussion 2. Complainant Related Public Comment  3. Action – Vote on Finding(s) K. CC2022-014 J. Levendosky & Monitor Al Lawrence The complainant alleged that, while he was recording video in Albany City Hall as an independent journalist, APD officers violated his First Amendment right (freedom of the press) and Fourth Amendment right (search and seizure). The complainant alleged that, after an APD officer observed the complainant recording the officer and an unidentified man, the officer told the complainant to stop recording. The complainant alleged that the officer then demanded that the complainant leave City Hall. The complainant alleged that the officer did not deescalate the situation. The complainant further alleged that, when he attempted to pass by the officer and a second officer, they physically impeded his movements and forced him to use the elevator, where he was physically harassed. The complainant further alleged that the officers used excessive force and unlawfully arrested him for filming papers that were on someone’s desk. In an accompanying grievance report, a companion of the complainant reported that the complainant was wrongfully arrested and that the companion was pushed by the APD officers. Allegation(s): Conduct Standards (1ct); Call Handling & Procedures (1ct); Arrest Authority & Procedures (1ct); Use of Force (1ct) 1. Discussion 2. Complainant Related Public Comment 3. Action – Vote on Finding(s) VI. CONSIDERATION OF COMPLAINT CLOSURE (N. Vives/V. Harden) A. Complaints Withdrawn 1. CC2024-040 B. Complaints Out of Jurisdiction 1. Complaint received October 15, 2024 (Jurisdiction: NYS DOCCS) VII. REPORTS A. CPRB Standing Committee Reports 1. Bylaws and Rules (A. Santos) 2. Community Outreach (P. Collins-Hackett) 3. Investigation (J. Levendosky) 4. Mediation (V. Collier & V. Harden) 5. Police Department Liaison (V. Harden) 6. Public Official Liaison (N. Vives) B. Report from the Government Law Center (C. Miller) C. Report from the Chair (N. Vives/V. Harden) VIII. APPROVAL OF MEETING MINUTES (N. Vives/V. Harden) A. Approval of Minutes from Regular Meeting on October 10, 2024 IX. NEW BUSINESS (N. Vives/V. Harden) X. BOARD MEMBER COMMENTS (Time Permitting) XI. ADJOURNMENT (N. Vives/V. Harden) XII. Materials Provided: • Minutes from Regular Meeting on October 10, 2024