[CPRB] info packets to Urbana City Council members

[Morton K. Brussel]

Hi Rickey et al,

Spoke to Lynne Barnes tonight. She did not seem overjoyed about our  
CPRB proposal--rather equivocal instead--but is willing to meet with  
us for an exchange of views and ideas and to discuss her concerns.  
She describes herself as a "minimalist", and is especially concerned  
that members of a CPRB be informed (and sympathetic to) police  
procedures.

She will be on vacation from Thursday 7/28, to August 6. After that  
she will be willing to meet with us; she seemed to prefer a lunch or  
breakfast meeting, but would arrange to meet in the evening also. She  
works during the day.  It might be good if we could schedule a  
meeting before she left.

--Mort

On Jul 21, 2005, at 10:49 AM, Ricky Baldwin wrote:

> Hi Folks-
>
> As we discussed at the meeting Tuesday, here are the
> documents Jen sent to all Urbana City Council members.
>  They are also all online at CPRB's website, by the
> way, if you prefer.
>
> Again, they should have all received these by now,
> with a brief cover letter.  Frankly, though, I'd avoid
> getting into a detailed phone conversation about
> these.  That's the purpose of meeting with them face
> to face with 2-3 of us there.
>
> Thanks again for a great meeting!  See you soon-
> Ricky
> 328-3037
>
> Coalition for Citizen Police Review
> P.O. Box 184, Urbana, IL 61803-0184
> Citizen Police Review Board - Proposal
> What is the proposed Citizen Police Review Board?
>
> A citizen police review or oversight board is an
> impartial body, independent of the police department
> itself, that is empowered to receive and investigate
> citizen complaints against police officers, and to
> perform other oversight functions.
>     In the case of specific complaints, the proposed
> board will investigate the complaints, make findings,
> and recommend disciplinary action to the Chief of
> Police and to other appropriate government officials.
>     The board will also evaluate patterns of complaints,
> as well as police policies and procedures, and
> recommend policy changes as deemed necessary or
> desirable.
>     Finally, the board will issue periodic reports to the
> community documenting the police department's
> responsiveness to its recommendations, as well as
> statistical breakdowns with regard to such things as
> types of complaints, findings, location by district,
> and the number of officers with a history of multiple
> complaints.
>
> Why is a Citizen Police Review Board needed?
> The police department of a community is arguably the
> most important of the municipal services. The police
> are certainly the most visible of any of the
> government agencies, interacting with citizens more
> directly and more intensively than any other branch of
> government. Given the extent of the powers delegated
> to police officers by law, and the pressures under
> which they are frequently required to function, any
> abuse of those powers necessarily results in more
> serious consequences for the individual citizen and
> for the community as a whole. It is vital that the
> police department be a trustworthy and respected
> organization.
>     Historically, complaints against police officers have
> been investigated and evaluated by the police
> department itself. This process is inherently flawed
> both in theory and in practice. It tends to discourage
> citizen input and to promote secrecy, both of which
> run counter to accepted notions of democracy. As a
> consequence, many citizens lack confidence that the
> police can serve as an effective check on their own
> behavior.
>     The latter part of the twentieth century gave rise to
> a groundswell of grassroots community initiatives to
> create independent citizen police review or oversight
> boards, whose purpose was to review complaints
> regarding police behavior and policies, and to make
> disciplinary and policy recommendations on the basis
> of citizen input.
>     We share the belief that, under current law, the most
> effective means of ensuring police accountability to
> the public, and fostering a positive police-community
> relationship, is an impartial oversight board composed
> of citizens from all neighborhoods and walks of life.
> We further believe that such a board is totally
> consistent with and supportive of the Urbana Police
> Department's own mission statement, which includes the
> following:
>     “We pledge to help create a safer environment in
> which to live, work, and recreate through problem
> solving and collaboration with our citizens.”
>     “The public should have input into policy development
> which directly impacts quality of life.”
>
> Are such Citizen Police Review Boards effective?
>
> A number of studies have examined the effectiveness of
> various models of citizen police review boards. In
> general, the success of an oversight board has been
> found to be contingent on the degree of its true
> independence from the police department, the measure
> of genuine commitment to its success on the part of
> all interested parties in the community, and the depth
> of public trust in its effectiveness.
>     The board must also have a mandate to make policy
> recommendations, so that it is involved in structural
> reform and not merely in the discipline of individual
> officers.
>     Our proposed model addresses and incorporates all of
> these factors.
>
> What are some of the features of the proposed Citizen
> Police Review Board?
> Seven unpaid Board members, one from each ward in the
> city.
> Training for Board members in police department
> policies and procedures.
> Offices located outside the environs of the police
> department itself.
> Paid staff and supplies sufficient for intake and
> initial review of citizen complaints, and other
> associated administrative functions.
> Funding adequate for proper investigation of
> complaints, including the hiring of an independent
> investigator on an ad hoc basis as the Board deems
> necessary.
> Subpoena power to compel witness testimony, to be used
> as the Board deems necessary.
> A mediation option available for use in lieu of a full
> Board investigation of a citizen complaint.
>
> How will members of the Board be selected?
>
> We propose a Board consisting of seven unpaid citizen
> members, with one member from each of the City of
> Urbana's seven wards. Each City Council member would
> nominate three candidates from his or her own ward,
> and the mayor would then appoint one of the three
> nominated candidates from each ward. The nomination
> process would be an open one, with structures in place
> to ensure that any citizen can apply to be considered
> for nomination by his or her City Council
> representative. Candidates for nomination would not be
> city employees or law enforcement personnel.
>     The members of the Board would choose their own
> chairperson, and promulgate their own rules of
> procedure in accordance with their legislative
> mandate.
>
>
> How will the Board be funded?
>
> The Board would be funded with tax revenue from the
> general operating budget of the city.
>     We anticipate, and it has been demonstrated in other
> cities, that the expense of the proposed Board would
> be offset at least in part by fiscal savings elsewhere
> in the budget.
> For one thing, the burden on the police department's
> internal affairs investigation division could be
> eased, with resulting cost savings.
>     We would also expect a reduction in the cost to the
> city of civil litigation against the police, as
> increased accountability to the public should result
> in less misconduct by police and fewer lawsuits filed
> by citizens. Moreover, cities that show due diligence
> in working to increase police accountability are less
> likely to be found negligent when faced with a civil
> suit.
>
> To whom will the Board be accountable?
>
> The Board would be created by municipal ordinance as a
> separate office within the city government. It would
> be accountable to the City Council, to whom is
> delegated the power of legislative and budgetary
> authority. Ultimately, the Board would be accountable
> to the citizens of Urbana, who elect the members of
> the City Council.
>
> ------------------------------------
>
> Websites for more info
>
> http://www.prairienet.org/cprb/  - Champaign-Urbana,
> IL
>
> http://NACOLE.org/models_of_civilian_oversight.htm
> National Association for Civilian Oversight of Law
> Enforcement
> http://www.aclu.org/library/fighting_police_abuse.html
> American Civil Liberties Union (ACLU)
> http://www.ncjrs.org/txtfiles1/nij/184430.txt                U.S.
> Dept. of Justice
> http://www.hrw.org/reports98/police/uspo87.htm            Human
> Rights Watch
> http://www.policepolicy.org/Civilian%20Review%20Mechanisms.htm
> “Civilian Review Models Across the Nation”
> http://mediafilter.org/caq/Caq55.CopsVscr.html
> Covert Action Quarterly
> http://www.ci.mpls.mn.us/citywork/other/cpra.html
> Minneapolis, MN
> http://www.rdrop.com/~pjw/proposal/contents.html
> Portland, OR
> http://www.nyclu.org/fiveyears.html                New York City,
> NY
> http://www.pressdemo.com/polandpub/polandpubgate.html
> Northern CA
> http://www.ci.berkeley.ca.us/prc/                    Berkeley, CA
> http://www.cjjohns.com/c_law/police_civil.html
> Tallahassee, FL
> http://www.city.pittsburgh.pa.us/cprb                Pittsburgh,
> PA
> http://www.ci.lansing.mi.us/depts/clerk/balqg97.html
> Lansing, MI
> http://www.news-record.com/news/local/report.html
> Greensboro, NC
> http://www.ci.santa-cruz.ca.us/cm/cprb/cprb.html
> Santa Cruz, CA
>
> ------------------------------
>
> Draft of CPRB Ordinance - 12/09/02
> Ordinance Establishing a Citizen Police Review Board
> for the City of Urbana
> ARTICLE I. CITIZEN POLICE REVIEW BOARD
> Section 1. Establishment and Purpose
> The Citizen Police Review Board (CPRB) is hereby
> established to:
> a.    Ensure the Police Department is responsive to
> community needs
> b.    Investigate claims of inappropriate conduct by
> sworn police officers
> c.    Provide an independent process for responding to
> citizen complaints
> d.    Add a citizen perspective to the evaluation of
> these complaints, and
> e.    Contribute to timely, fair and objective review of
> citizen complaints.
>
> CPRB is established with the recognition that all
> people in the City of Urbana deserve protection of
> their human and civil rights and respect for their
> fundamental dignity as human beings. Further, the CPRB
> shall provide fair treatment to and protect the rights
> of police officers.
> Section 2. Appointment of the CPRB
> The CPRB shall consist of seven (7) members, one from
> each ward.
> Each alderman/alderwoman shall nominate a candidate
> from his/her ward for one seat on the CPRB. The mayor
> shall appoint the members with the advice and consent
> of the city council. If the mayor does not appoint a
> nominee or the nominee is not approved by the city
> council, the nominating alderman/alderwoman shall
> nominate additional candidates for the position until
> one is appointed.
> The CPRB shall elect its Chairman and Vice Chairman.
>
> Section 3. Term of Service
> The term of each member of the CPRB shall be three (3)
> years.
> Members shall continue to serve until their successor
> has been appointed, and completed a program of
> orientation.
>
> Section 4. Qualification of Members
> Members of the CPRB shall:
> Be qualified voters of the City of Urbana.
> Not be employees of the City of Urbana.
> Possess a reputation for fairness, integrity and
> responsibility and have demonstrated an active
> interest in public affairs and service.
> Not be an employee of, contracted by, or have any
> official affiliation with any law enforcement agency.
>
> The City Council shall endeavor to reflect community
> diversity in its appointments including income level,
> ethnicity, age, gender, and experience.
> Section 5. Training and Orientation of Citizen Police
> Review Board Members
> The City Council shall adopt written standards for
> orientation of appointees and continuing training of
> all CPRB members. Completion of the orientation
> program is required before a member is seated.
> Section 6. Member Responsibilities.
> Members shall:
> 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
> penalties imposed for violations.
> Obey all laws respecting individuals' rights of
> privacy, and confidentiality of records.
> Excuse themselves from participating in the review of
> any complaint in which they have a personal,
> professional, or financial conflict of interest.
> 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
> complainants or police officers.
> Participate in orientation and training programs
> referred to in Section 9.
>
> Violation of these responsibilities by a member may be
> considered grounds for immediate removal of that
> member by a majority vote of the city council.
> Section 7. Quorum
> A majority of the currently appointed CPRB members
> shall constitute a quorum.
> Section 8. Bylaws, Rules, Records
> The CPRB shall adopt rules and bylaws for the
> transaction of CPRB affairs.
> The CPRB shall have access to case-specific records
> and files as it deems necessary to conduct its
> affairs. Such documents include, but may not be
> limited to, complaints and supporting documents
> provided by complainants, police reports,
> incident-related documents such as schedules, dispatch
> tapes and transcriptions, citations, video recordings,
> and photographs; records of interviews with
> complainants, employees, and witnesses; and external
> documents such as medical records, expert opinions,
> and receipts.
>
> Section 9. Reports
> The CPRB may review and make recommendations to the
> City Council regarding Police Department policies and
> practices.
> The CPRB shall, at least annually, report to the City
> Council. The report shall contain statistics and
> summaries of citizen complaints, including a
> comparison of the CPRB's findings and conclusions with
> the actions taken by the Chief of Police.
>
> ARTICLE II. COMPLAINT PROCEDURES, INVESTIGATION AND
> MEDIATION.
> Section 10. Filing Complaints.
> Complaints concerning police conduct may be submitted
> to the CPRB, the Police Department, or an agent
> designated by the CPRB as provided in this section.
> Complaints shall be lodged in writing using a CPRB
> created Citizen Complaint Form and signed by the
> complainant;
> Complaints received shall be forwarded to the Police
> Department and the CPRB within two working days.
> Complaints received in forms other than that specified
> in (a) above (for example, by telephone or in person),
> shall be forwarded to the CPRB for the CPRB's
> information only;
> Complaints must be filed within one year of the date
> of the incident giving rise to the complaint.
> Any inquiry or contact regarding an incident made by a
> citizen to the Police Department or CPRB shall be
> considered a potential complaint, and shall be
> followed up by a designee of the CPRB. The CPRB shall
> not accept complaints concerning incidents predating
> the effective date of this ordinance.
>
> Section 11. Mediation Notice.
> Upon receiving a complaint, the CPRB shall notify the
> complainant of a mediation option and invite the
> complainant to submit the complaint to mediation.
> Section 12. Mediation Process.
> Requests for mediation may be submitted in writing by
> the complainant or the police officer(s) at any time
> in the review process. Mediation shall proceed as
> promptly as possible;
> Mediation may proceed only upon agreement of both
> parties;
> Mediation shall be conducted at no cost to the
> complainant or officer(s) by trained or experienced
> mediators from among a list selected by the City or a
> conflict resolution program retained by the City;
> Mediators shall conduct mediation sessions with
> officers and complainants at times and places agreed
> upon by the parties. Where these mediation sessions
> result in resolution of the dispute, the mediator
> shall inform the CPRB and Chief of Police in writing
> within five working days. Terms of the resolution may
> be reported to the CPRB and the Chief of Police only
> upon the express written approval of the parties;
> In conducting the mediation, the mediator may suggest
> avenues toward resolution but may not impose an
> outcome on the parties;
> Mediation sessions shall be closed to the public.
> Matters discussed shall be confidential unless both
> parties agree otherwise as part of a written mediation
> settlement;
>
> Section 13. Review of Complaints.
> Where mediation is not used or fails to resolve the
> complaint, review of the complaint shall proceed as
> provided in this section.
> At the conclusion of the Internal Affairs
> investigation, the Internal Affairs report prepared
> for the Chief of Police shall be submitted to the CPRB
> within five working days;
> After review and deliberation of the Internal Affairs
> report, the CPRB shall:
> 1.    report its written findings and conclusions to the
> Chief of Police, or
> 2.    obtain further case-specific information from the
> Chief of Police, including written materials, audio or
> video tapes, and related documents, or
> 3.    request that the Chief of Police conduct further
> investigation, or
> 4.    give notice and hold a hearing to gather evidence,
> or
> 5.    conduct an investigation with the services of an
> independent investigator. Independent investigators
> shall have access to the same information to which the
> CPRB shall have access;
> If the CPRB fails to act within the time periods
> specified in Section 15, the complaint file shall be
> returned to the Chief of Police without a finding;
> The CPRB Chair may assign a member or committee to
> review the Internal Affairs report for each complaint
> and make a recommendation that the CPRB take one of
> the actions enumerated in subsection (b) above;
> Affected officers, and complainants, to the extent
> permitted by law, shall receive copies of CPRB reports
> to the Police Department, and of the CPRB's requests
> for information.
>
> Section 14. Early Investigation.
> The CPRB may investigate a complaint through an
> independent investigator prior to conclusion of any
> Internal Affairs investigation. The Police Department,
> and affected officers, shall be notified of a decision
> to conduct an early investigation. The independent
> investigator's report shall be submitted in writing to
> the CPRB and the Police Chief. The CPRB shall base its
> findings and conclusions on review of the Internal
> Affairs report and the independent investigator's
> report.
> Section 15. Timing of Review.
> The review process shall be concluded:
> within thirty (30) days of receiving the Internal
> Affairs report if the CPRB finds that no further
> proceedings are needed pursuant to Section 13(b)(1);
> within sixty (60) days of receiving the Internal
> Affairs report if the CPRB determines that further
> proceedings are needed pursuant to sections 13(b)(2),
> 13(b)(3), and 13(b)(4);
> within a period determined by the CPRB if further
> investigation by an independent investigator is
> conducted pursuant to section 13(b)(5).
>
> ARTICLE III. ADMINISTRATION AND ENFORCEMENT
> Section 16. Findings and Conclusions.
> At the conclusion of each review, the CPRB shall
> render one of the following findings based on the
> preponderance of the evidence:
> Unfounded, Where the review shows that the act or acts
> complained of did not occur or were misconstrued.
> Exonerated, Where the acts which provide the basis for
> the complaint occurred, but the review shows such acts
> were proper.
> Not Sustained, Where the review fails to disclose
> sufficient facts to prove or disprove the allegation
> made in the complaint.
> Sustained, Where the review discloses sufficient facts
> to prove the allegations made in the complaint.
> No Finding, Where, for example, the complainant failed
> to produce information to further the investigation;
> the complainant withdrew the complaint; or the
> complainant is unavailable to clarify the complaint.
> Mediated, Where the complaint is resolved by
> mediation.
>
> Section 17. Report to the Police.
> At the conclusion of its review, the CPRB shall
> forward its written findings and conclusions to the
> Chief of Police and to affected officers and, to the
> extent permitted by law, to the complainants. The
> Chief of Police shall report the Chiefs findings,
> conclusions, and actions taken to the CPRB. To the
> extent permitted by law, the Chief shall also inform
> the complainant of the disposition of the complaint.
> Section 18. Meetings.
> The CPRB shall hold its first meeting within thirty
> (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;
> CPRB meetings shall be open to the public except when
> closed as provided in section (d);
> The CPRB may conduct both public and closed meetings
> as allowed or required by law;
> A meeting shall be closed when the CPRB discusses any
> case-specific confidential information which may not
> lawfully be disclosed.
> The Chief of Police shall designate a representative
> from the Police Department to attend meetings of the
> CPRB and to provide information to the CPRB.
>
> Section 19. Hearings.
> Hearings to obtain evidence concerning complaints
> shall be open to the public unless a request to close
> the hearing is made by either the complainant or the
> officer(s). Such a request may be made at any time
> prior to or during the hearing. Upon hearing such a
> request, the CPRB shall close the hearing to the
> public unless the CPRB finds that a closed hearing
> would deny substantial justice to either the
> complainant or the officer(s). In making that finding,
> the CPRB shall consider the nature of the charge, the
> age of witnesses, privacy rights of the affected
> parties, the sensitivity of the anticipated evidence,
> threats of violence or retribution to a witness, the
> likelihood of receiving candid and complete evidence
> if the hearing is open, and the need to afford each
> side a fair hearing. All public meetings of the CPRB
> shall be recorded, and made available on request.
> Section 20. Conduct of Hearings.
> In conducting a hearing, the CPRB shall have the power
> to:
> 1.    Subpoena witnesses, and case-specific records and
> tangible evidence;
> 2.    Administer oaths;
> 3.    Take testimony;
> 4.    Exclude witnesses;
> Witnesses shall be questioned only by members of the
> CPRB;
> At the commencement and conclusion of the evidentiary
> phase of the hearing the complainant and officer(s)
> may make statements;
> The entire hearing on a single complaint shall be
> concluded on a single occasion unless the CPRB
> determines otherwise based on good cause. The Board
> may discontinue its investigation into a complaint for
> lack of interest if the complainant fails to attend
> the hearing;
> Anyone disrupting a hearing will be removed from the
> premises;
> At least five (5) days' advance written notice of a
> hearing shall be provided to all interested parties.
>
> Section 21. Suspension of Proceedings.
> The City Council may suspend the CPRB review of any
> complaint where a separate criminal investigation is
> underway or where a civil action against the City is
> threatened, underway or pending. Upon the conclusion
> of such separate proceedings, the CPRB may resume or
> undertake its review.
> Section 22. Information Sharing.
> The CPRB shall forward to the Chief of Police any new
> case-specific information it obtains, during the
> course of an investigation, concerning an incident or
> practice subject to a citizen complaint. Similarly,
> during the course of a CPRB investigation, the Chief
> of Police shall forward to the CPRB in writing any new
> case-specific information the Chief obtains after the
> Internal Affairs investigation has been concluded and
> submitted to the CPRB concerning an incident or police
> practice subject to a citizen complaint.
> Section 23. Severability.
> If any provision or part thereof of this article, or
> application thereof to any person or circumstance, is
> held invalid, the remainder of the article and the
> application of the provision, or part thereof, to
> other persons not similarly situated or to other
> circumstances shall not be affected thereby.
>
> ###
>
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