Community Police Review Board

NOTICE OF CPRB PUBLIC MONTHLY MEETING AGENDA Thursday, January 9, 2025 – 6:00 PM City Hall Common Council Chamber, 2nd Floor 24 Eagle Street, Albany, NY 12206 PUBLIC PARTICIPATION: The public is encouraged to attend and participate in the meeting in person at City Hall or remotely via Zoom. The public can observe the meeting by watching the livestream on Facebook Live and YouTube.  In Person: City Hall Common Council Chamber, 2nd Floor, located at 24 Eagle Street, Albany, NY 12206  Zoom: https://us02web.zoom.us/j/89423053745?pwd=damKmahFIYqh0PxbjV6aOc2kOgpdwq.1 Meeting ID: 894 2305 3745 Passcode: 344727  Facebook Live: https://facebook.com/albanycprb  YouTube Live: https://www.youtube.com/@AlbanyCPRB BOARD MEMBERS: Chair Nairobi Vives, Vice-Chair Dr. Veneilya Harden, Secretary Paul Collins-Hackett, Rev. Dr. Victor Collier, Victor Person, John Levendosky, and Antoinette Santos. STAFF: Shaniqua Jackson (City Clerk), Bryan Jimenez (Common Council), and Jake Eisland (Common Council) 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. 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. Members of the public may submit written public comment on an upcoming agenda item by email to cprb@albanyny.gov.  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 email (cprb@albanyny.gov) and leave a contact phone number. Albany Community Police Review Board Agenda Thursday, January 9, 2024 I. CALL TO ORDER & ROLL CALL (N. Vives) II. APPROVAL OF JANUARY 9, 2024, AGENDA (N. Vives) III. PUBLIC COMMENT (Three (3) minutes Per Person) (N. Vives) IV. CASE REVIEW None. V. CASE UPDATE None. VI. CONSIDERATION OF COMPLAINT CLOSURE None. 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. Harden) 5. Police Department Liaison (V. Harden) 6. Public Official Liaison (N. Vives) B. Report from the Chair (N. Vives) C. REPORT FROM THE OFFICE OF PROFESSIONAL STANDARDS (J. Rittie) VIII. APPROVAL OF MEETING MINUTES (N. Vives) A. Approval of Minutes from Regular Meeting on December 12, 2024 IX. NEW BUSINESS (N. Vives) A. Board Officer Elections B. Adoption of FY2025 Budget C. Approval of CPRB Report for 3rd and 4th Quarters of 2024 X. BOARD MEMBER COMMENTS (Time Permitting) XI. ADJOURNMENT (N. Vives) Materials Provided:  Minutes from Regular Meeting on December 12, 2024  CITY OF ALBANY COMMUNITY POLICE REVIEW BOARD PUBLIC MONTHLY MEETING MEETING MINUTES December 12, 2024, at 6:00 p.m. Albany Community Police Review Board Minutes Thursday, December 12, 2024 XII. CALL TO ORDER & ROLL CALL (N. Vives) CPRB Chair Nairobi Vives called the meeting to order at 6:00 PM. CPRB Members present: Chair Nairobi Vives, Vice Chair Dr. Veneilya Harden, Secretary Paul Collins-Hackett (via videoconference), Rev. Dr. Victor Collier, John Levendosky, Victor Person, and Antoinette Santos. XIII. APPROVAL OF DECEMBER 12, 2024 AGENDA (N. Vives) Chair Vives moved to approve the meeting agenda. The motion was seconded. Five members (Vives, Levendosky, Person, Collier, and Santos) voted affirmatively. XIV. REPORT FROM THE GOVERNMENT LAW CENTER AT ALBANY LAW SCHOOL (C. Miller) Government Law Center (GLC) Program Director Chel Miller provided an update concerning the Board’s transition: Effective January 1, 2025, the Board’s day-to-day operations will be integrated within the City of Albany. GLC staff are working closely with Board members and City staff to ensure as smooth of a transition as possible. Miller noted that communications may be delayed between December 20 and early January. Miller provided information about the CPRB’s new location and contact information:  The CPRB’s new office will be located at 175 Central Avenue, 5th Floor, Albany, NY 12206.  The next CPRB Public Monthly Meeting on January 9, 2025, will take place in City Hall, located at 24 Eagle St, Albany, NY 12207.  The new email address for the CPRB is cprb@albanyny.gov, which is being monitored by the City Clerk and Common Council staff.  The new phone number to contact the CPRB will also be announced shortly.  To receive notifications about future CPRB meetings and activities, community members may subscribe to the CPRB’s Notify Me® list on the City of Albany’s Agenda Center: https://www.albanyny.gov/list.aspx#agendaCenter. Miller provided remarks on behalf of the Government Law Center: The Government Law Center has provided administrative support to the CPRB since 2000 – twenty-four years of service to the Board and the communities we serve. The CPRB has more authority—and responsibility—than it did when this journey began. Government Law Center leadership and staff—from the program managers over the last two decades, including Michele Andre who is now in Dallas, to Tamar Reiner and Chel Miller—have taken this responsibility to heart. The Government Law Center thanks the CPRB and the diverse communities of Albany for entrusting it with this responsibility. The Government Law Center hopes that the Common Council of the City of Albany recognizes the essential nature of this Board and that it supports Board Members and future staff as the CPRB evolves into a more sustainable model for independent police oversight. XV. REPORT FROM THE OFFICE OF PROFESSIONAL STANDARDS (Lt./Det. J. Rittie) Lieutenant Detective John Rittie provided an update about CC2021-025, which was discussed at the November 14, 2024, Public Monthly Meeting. Lt./Det. Rittie reported that the complainant was able to obtain funds that had placed into evidence by APD upon the complainant’s arrest. Lt./Det. Rittie reported that OPS is attempting to make contact with the complainant to address the remaining issues raised at the November 14 meeting. XVI. PUBLIC COMMENT (Three (3) minutes Per Person) (N. Vives) None. XVII. CASE REVIEW CC2022-042 P. Collins-Hackett & Monitor A. Lawrence Allegation(s): Conduct Standards (2cts) The incident occurred on November 20, 2022. The complainant alleged that when she called APD to report a violation of an Order of Protection which took place in the City of Albany while she was on her way to Hudson, NY, Officer James Kittleman told her to contact the Hudson Police Department. The complainant stated that, when she called back to file a complaint, the officer yelled at her and hung up on her. The complainant alleged that when she demanded to speak with the officer’s supervisor, he was disrespectful. The complainant stated that she threatened to report him to “the commissioner,” to which the officer replied, “I’ve been here for 16 years. Tell the commissioner I said ‘hi.’ He doesn’t care.” When the complainant arrived at South Station, an incident report was filed in relation to the violation of the Order of Protection. CPRB Monitor Al Lawrence reviewed the investigation completed by OPS Detective Christopher Stiles. Det. William Pierce was originally assigned to the investigation, which was reassigned to Det. Stiles on September 21, 2023. The CPRB Monitor reviewed the following materials: call ticket and incident report dated November 20, 2022, notes from Det. Pierce’s interview with Officer Kittleman, written statements from Sergeant Matthew Haker, and Det. Stiles’ case report. The CPRB Monitor noted that recordings from the phone calls from the complainant to Officer Kittleman and Det. Pierce’s interview with Officer Kittleman are not available. Det. Stiles’ case report cited a malfunction in the hard drive of Det. Pierce’s computer. In a final report dated September 5, 2024, Det. Stiles concluded that the complaint could not be sustained because the computer problems prevent access to any recordings of the conversations between Officer Kittleman and the complainant and therefore the demeanor of the officer could not be determined. The CPRB Monitor concurred that, based on the evidence available from OPS, it cannot be determined whether the officer yelled at her, that he was disrespectful, or that his superior wouldn’t care about the complainant’s report of her treatment. However, the CPRB Monitor noted that Officer Kittleman verified that he had been on the force for 16 years during his interview with Det. Pierce, giving credence to one of the complainant’s allegations. The CPRB Monitor noted that Officer Kittleman may have believed that the incident that the complainant attempted to report had taken place in Hudson. The CPRB Monitor further note that it was unclear why Officer Kittleman did not take the complaint when requested. Based on his review of the OPS investigation and the evidence available, the CPRB Monitor recommended a finding of Not Sustained. Board Secretary Collins-Hackett inquired about whether there was a record of any new efforts to contact the complainant after the case was assigned to Det. Stiles. The CPRB Monitor did not find such activity noted in the materials provided by OPS. Collins-Hackett moved to accept the Monitor’s findings. The complainant was present and objected to the motion. Chair Vives moved to permit the complainant to provide comment. The complainant stated that she lives in Albany and was on her way to Hudson when she received a phone call in violation of an Order of Protection. The complainant stated that, when she called APD, Officer Kittleman advised her that she needed to report to the police department in Hudson. The complainant stated that she did go to the Hudson Police Department as advised and that “they laughed [her] out.” The complainant stated that when she called APD again, she briefly spoke with a female officer, but then Officer Kittleman took the phone and told her not to call again. This is when the officer made the statements at the core of the complaint. The complainant stated that when she arrived at South Station in person, Officer Kittleman told other officers on duty not to speak with her. The complainant stated that she recently had another encounter with Officer Kittleman, in which she attempted to report her daughter as missing. The officer told the complainant that a sergeant on duty would contact her. When the complainant called back later, the sergeant had not been made aware of her report. The complainant expressed disappointment that her complaint was not thoroughly investigated and that she was not contacted by the detective who was reassigned the case. The complainant stated that individuals who witnessed the incident would verify her allegations.  Board Secretary Collins-Hackett amended his motion to table the vote until more information can be obtained. Staff provided Collins-Hackett’s contact information to the complainant. Board Member Santos asked the complainant if she spoke with a sergeant the first time she went to South Station that night. The complainant reported that she spoke with an officer that night, who reluctantly took her report. The complainant reported that she went to Family Court the next morning and then returned to South Station, where she spoke with a sergeant. Vice Chair Dr. Harden asked the Monitor to confirm that there were no recordings available. The CPRB Monitor stated that if any recordings were obtained by Det. Pierce, they are no longer available due to the malfunction of the hard drive on his computer. Dr. Harden inquired about whether there was a record of OPS reaching out to the complainant. The CPRB Monitor stated that there was no such record. Chair Vives stated that she has further questions about the malfunctioning hard drive and recordings that will be tabled for further discussion. Secretary Collins-Hackett will be in contact with the complainant. Collins-Hackett and Complainant will be in contact. XVIII. CASE UPDATE CC2022-001 P. Collins-Hackett & Monitor J. Schwartz Allegation(s): General Call Handling and Procedures (3cts) and Body-Worn Cameras (1ct) The incident occurred on December 11, 2021. The complainant alleged that he called 911 to report two individuals stealing items from vehicles. The complainant alleged that the officers who arrived at the scene failed to take action despite the complainant providing them with information about the incident he witnessed. The complainant also alleges that the first officers he interacted with (APD Officers Matthew Hopper and Justin Swan) stated that they could contact the potential suspect and that they were dismissive. Officer Moran responded to the location for a separate call two days later, on December 13, 2021. CC2022-001 was initially presented at the October 10, 2024, CPRB Public Monthly Meeting. The complaint findings were tabled until more information could be obtained. Board Secretary Collins-Hackett stated that he has been in contact with the complainant. Collins-Hackett stated that there are more items to discuss with the complainant, who is presently outside of the country. Collins-Hackett made a motion to table further review of the complaint for a future meeting. CC2022-027 P. Collins-Hackett & Monitor A. Lawrence Allegation(s): Call Handling (1ct) The incident occurred on August 27, 2022. The complainant stated that she felt unsafe while officers were trying to help her retrieve items from the property. According to the complaint, the officers yelled at her and accused her of being difficult during the process, calling her an “emotionally disturbed person.” The complainant believed that the officers' behavior was inappropriate and did not adhere to proper police etiquette. At the July 11, 2024, Public Monthly Meeting, the CPRB reached a finding of exonerated with regards to 1 count of alleged improper Call Handling. Questions were raised at the meeting about why the complainant was referred to as “emotionally disturbed” in the  investigation report and evidence related to the complaint, what factors lead to dispatchers or APD officers to label an individual as “emotionally disturbed” (“EDP”), and whether it was within APD policy for officers to transport an individual to another location. At the meeting, CPRB members voted to add a discourtesy violation, which would be tabled until the policy regarding transportation could be clarified. At the September 12, 2024, Public Monthly Meeting, Secretary Collins-Hackett reported that he had requested information from OPS about what criteria is used to designate an individual as an “emotionally disturbed person.” OPS Detective Raven Dixon sent OPS’s classifications. Chair Vives requested that Secretary Collins-Hackett follow up with OPS about whether APD officers can provide transport in such circumstances. Secretary Collins-Hackett requested clarification about the “emotionally disturbed person” designation and what behaviors would lead an officer or call-taker to describe an individual in this way. OPS Lieutenant Detective John Rittie explained that this designation may be applied by an officer or call-taker if an individual exhibits signs of clinical mental illness (e.g. schizophrenia), when an individual exhibits a heightened emotional state in which their emotional reaction is interpreted as disproportionate to certain stimuli, whether they are having a strong emotional reaction or if it is induced by drug or alcohol use. Collins- Hackett expressed concern about the use of this designation by individuals who are not medical professionals and are not qualified to diagnose mental health issues. OPS Commander Morey further clarified that APD officers do not use this designation to attempt to diagnose individuals. She stated that the “EDP” designation is intended to acknowledge extenuating circumstances and open up non-criminal pathways for individuals that officers encounter. Vice Chair Dr. Harden noted that [New York Mental Hygiene Law] 9.41 provides police officers with the discretion to determine that someone is in need of a [mental health] evaluation, and that the designation is not intended to be a diagnosis. Dr. Harden noted that 9.41 is designed to ensure that police officers have a protocol to follow in such situations. Dr. Harden encouraged further discussion about this issue among Board members and OPS in another setting. Chair Vives concurred, stating that this requires a deeper conversation and that a future committee meeting would be an appropriate setting. Secretary Collins-Hackett expressed appreciation for Vice Chair Dr. Harden’s and Chair Vives’ statements. Collins-Hackett noted that, concerning the complaint in question, the body-worn camera footage showed the EDP designation being weaponized by officers. XIX. CONSIDERATION OF COMPLAINT CLOSURE (N. Vives) Two complaints were withdrawn within the past month, including CC2024-039 and a complaint received on November 12, 2024, that had not yet received a case number. Chair Vives moved to accept the withdrawal of the complaints. The motion was seconded and approved. Six Board members (Vives, Harden, Collier, Person, Levendosky, and Santos) voted affirmatively. One complaint received within the past month was determined to be outside of the CPRB’s jurisdiction. Chair Vives moved to accept the determination. Six Board members (Vives, Harden, Collier, Person, Levendosky, and Santos) voted affirmatively. XX. REPORTS (N. Vives) CPRB Standing Committee Reports Bylaws and Rules Committee Chair Antoinette Santos reported that the CPRB Bylaws and Rules will need to be updated to reflect the Board’s transition. Changes to the Bylaws and Rules are tabled until the transition is complete. Community Outreach Committee Chair Paul Collins-Hackett reported that the committee has been working with other organizations to share what the CPRB does. Collins-Hackett reported that the CPRB recently participated in workshops at the ALERT Community Leader and Law Enforcement Summit and a civic engagement program at Albany High School organized by the People’s Perception Project (P3) and the Albany Chapter of the NAACP. Collins-Hackett stated that the CPRB will be present at holiday events over the next few weeks. Investigation Committee Chair John Levendosky expressed thanks to Committee Vice Chair Antoinette Santos, Board Members, and CPRB’s contract investigators and monitors, who have all helped the CPRB make progress toward addressing the backlog of complaints. Levendosky also expressed thanks to Tamar Reiner and Chel Miller at the Government Law Center for their support of the Board during this time. Mediation Committee Chair Dr. Veneilya Harden acknowledged Board Members John Levendosky and Antoinette Santos for their efforts on the Investigations Committee. Dr. Harden reported that Board has not conducted mediations but the Board is in conversations with OPS, who has conducted focus groups. Dr. Harden reported that the Board received an application from a consultant who is interested in facilitating mediations for the Board. Police Department Liaison Committee Chair Dr. Harden reported that the committee recently met with Lt./Dt. Rittie. The committee discussed whether APD has a policy concerning the ability of officers to provide transportation to locations outside of its jurisdiction. Lt./Dt. Rittie reported that APD General Order 3.3.00 [CONFIRM] provides certain restrictions on the use of 24-hour vehicles: they are not to be operated outside of APD’s jurisdiction with the exception of police business. Lt./Det. Rittie stated that there are other General Orders that dictate how vehicles may be used. Dr. Harden reported that the committee also discussed updates to the complaint withdrawal form. The complaint withdrawal form has been updated. Commander Morey provided an updated version of the form. The committee also stressed the importance of maintaining open lines of communication with OPS during complaint review in advance of Public Monthly Meetings, e.g. asking questions ahead of time so that OPS detectives can seek answers prior to the meeting. Public Official Liaison Committee Chair Nairobi Vives reported that the committee met on December 3. The committee’s December 17 meeting has been canceled due to the upcoming holidays. Vives reported that the CPRB’s new office space is being cleaned and will be ready to access soon. Vives reported that the APD has not provided a response to feedback from the Board concerning the APD Discipline Matrix. At the December 3 meeting of the committee, Commander Morey reported that the Discipline Matrix is on the new Chief’s radar. Chair Vives reported that Board Members will meet with Chief Brendan Cox on December 20.  Report from the Chair Chair Vives acknowledged the hard work of the Board Members during a complicated year. Vives noted that 2024 has been a year of growth for the Board. Vives expressed thanks to the standing committee chairs for their instrumental role in this growth. Vives recognized that Vice Chair Dr. Harden’s time on the Board is coming to a close after nine years. Vives thanked Dr. Harden for her work. Dr. Harden expressed her thanks to Board members for their work. Board Members Levendosky, Collins-Hackett, Santos, Person, and Vives individually expressed thanks to Dr. Harden. XXI. APPROVAL OF MEETING MINUTES (N. Vives) Chair Vives moved to approve the minutes from the CPRB Public Monthly Meeting on November 14, 2024. The motion was seconded and approved. Six Board members (Vives, Harden, Collier, Person, Levendosky, and Santos) voted affirmatively. XXII. NEW BUSINESS (N. Vives) Board Officer Nominations Chair Vives noted that each year, the Board must elect a new slate of Board Officers. Chair Vives noted that Dr. Harden is stepping down from her role as Vice Chair. Vice Chair Dr. Harden nominated Antoinette Santos to serve in the role of Vice Chair. This nomination was seconded. Dr. Harden nominated John Levendosky to serve in the role of Secretary. This nomination was seconded. Dr. Harden nominated Nairobi Vives to continue to serve in the role of Chair. This nomination was seconded. The Board’s vote on the Board Officer slate will take place during the Public Monthly Meeting on January 9, 2025. XXIII. ADJOURNMENT (N. Vives) With no further business, Chair Nairobi Vives adjourned the meeting at 6:59PM.