[Peace-discuss] police review in Urbana
Ricky Baldwin
baldwinricky at yahoo.com
Wed Jun 27 09:39:53 CDT 2007
If anybody's planning to attend the Coalition meeting
and you haven't already told me, could you email me?
We're thinking of changing the meeting time ...
possibly ... Sorry for any inconvenience.
By the way, here's the draft of the ordinance from
Urbana that we'll be discussing. The Coalition will
be submitting written comments by Friday at the
latest.
I'm told there's no written document yet for the
Champaign discussion scheduled for July 11.
Thanks for your patience-
Ricky
Ordinance No. __
An Ordinance Establishing a Civilian Review Board
within the City of Urbana
Whereas, the Mayor has established a Special
Citizens’ Task Force to study the desirability and
feasibility of creating a Civilian Review Board;
Whereas, this Task Force has studied various
proposals, examined data on police complaints from
many different cities, and vigorously debated the
issues relating to the structure and operation of a
Civilian Review Board;
Whereas, the Task Force has recommended a
proposal for the consideration of the Mayor and the
City Council for the creation of this Civilian Review
Board;
Whereas, this proposal has been the subject of
extensive public debate and consideration through
several public hearings before the City Council;
Whereas, the Mayor and the City Council have
determined that a Civilian Review Board will enhance
public safety by providing an independent means to
review citizen complaints regarding police officer
conduct; and
Whereas, the Mayor and the City Council hereby
establish a Civilian Review Board with the recognition
that all people in the City deserve protection of
their civil rights and respect for their fundamental
human dignity,
NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF URBANA, ILLINOIS, as follows:
Section 1. The Code of Ordinances, City of
Urbana, Chapter 19, “Police” is hereby amended by
adding the following Article thereto:
ARTICLE III. CIVILIAN REVIEW BOARD
Sec. 19-20. Establishment and Purpose
A Civilian Review Board (CRB) is hereby established
to:
a. Provide a systematic means by which to achieve
continuous improvement in police community
interactions;
b. Provide oversight of internal police investigations
through review of such investigations;
c. Provide an independent process for review of
citizen complaints
d. Oversee a monitoring system for tracking receipt of
complaints lodged against sworn officers;
e. Add a citizen perspective to the evaluation of
these complaints,
f. Contribute to timely, fair and objective review of
citizen complaints, and
g. Provide fair treatment to and protect the rights of
police officers.
Sec. 19-21. Composition
a. The CRB shall consist of seven (7) members
appointed by the Mayor with the approval of the City
Council.
b. Members shall serve for a three (3) year term.
However, at the inception of the Board, two (2)
members shall be appointed for a one (1) year term,
two (2) members for a two (2) year term, and three (3)
members for a three (3) year term, so that terms are
staggered.
c. The Mayor shall designate the Chair and a
Vice-Chair of the Board.
d. A majority of the sitting members of the CRB shall
constitute a quorum.
e. Members shall serve until their successors are
appointed and confirmed.
Sec. 19-22. Qualifications for Membership
a. Members of the CRB shall reside in the City of
Urbana, and shall possess a reputation for fairness,
integrity and a sense of public service.
b. No City employee may be appointed to the Board, nor
shall any member be a current employee of, contracted
by or have any official affiliation with a federal,
state, or local law enforcement agency.
c. No person with a criminal felony conviction or plea
shall be eligible to serve on the CRB
d. In making appointments, the Mayor shall endeavor to
reflect community diversity, including different
neighborhoods, income levels, ethnicity, age, gender
and experience.
Sec. 19-23. Training and Orientation
The Human Relations Office (HRO) shall develop written
standards for orientation and continuing education for
all CRB members. Completion of the orientation program
is required before a member is seated. Timely
completion of continuing education is required for all
sitting members.
Sec. 19-24. Rules and Procedures
The CRB in consultation with the Legal Division and
HRO shall establish rules and procedures for the
transaction of CRB business.
Sec. 19-25. Member Responsibilities
a. Members shall conduct themselves at all times in a
manner that maintains public confidence in the
fairness, impartiality and integrity of the CRB.
Further, members shall refrain from prejudging or
making any comments, prejudicial or otherwise,
regarding any pending complaint, on-going
investigation, complainant or police officer.
b. Members shall maintain absolute confidentiality of
any and all CRB proceedings and deliberations in
perpetuity. CRB members shall not disclose, in whole
or in part or by way of summary, any information made
available pursuant to Sec. 19-26(a).
c. A member shall recuse himself or herself from
consideration of any complaint in which the member has
a personal, professional, or financial conflict of
interest.
d. A violation of any of these provisions may
constitute grounds for immediate removal of the member
at the discretion of the Mayor.
Sec. 19-26. Record and Information Access
a. The CRB shall have access to relevant case-specific
records including but not limited to documents and
testimony gathered in the course of the Police
Department’s investigation. Case-specific records and
files shall be redacted and/or withheld by the City
Attorney or his/her designee to ensure compliance with
all federal, state and local privacy laws and
regulations. The City Attorney or his/her designee
shall also have discretion to redact or withhold any
information that may, in his/her judgment, unduly
compromise a victim’s privacy or a law enforcement
objective. In the event that the City Attorney decides
to withhold such case-specific records, he/she shall
provide a written response which sets forth the nature
of the document(s) withheld and the reasons for
withholding the document. Such decision may be
appealed to the Mayor upon a majority vote of the CRB.
b. In the event that any medical records of an officer
are disclosed to the CRB in connection with the
Board’s review of a complaint, the subject officer
shall be notified in writing of the disclosure of such
records.
Sec. 19-27. Reports
(a) The CRB shall:
(1) Maintain a central registry of complaints.
2. Collect data and provide an annual report to the
Mayor and City Council which shall be public and shall
set forth the general types and numbers of complaints,
disposition of the complaints, the discipline imposed,
if any, and demographic information. The report shall
contain a comparison of the CRB’s findings and
conclusions with the results of investigations and
actions taken by the Police Department. Public reports
shall not include the names of complainants or police
officers.
3. Have authority to make recommendations to the
Police Chief, Mayor and City Council regarding Police
Department policies and practices, based on its
consideration of information received.
(5) Develop and distribute complaint forms in
languages and formats accessible to citizens, educate
the community on the complaint process and the
importance of reporting complaints.
COMPLAINT PROCEDURES, INVESTIGATION AND
MEDIATION.
Sec. 19-28. Definition of Complaints; Filing of
Complaints
For the purposes of this Ordinance, a “complaint” is a
written allegation of misconduct lodged against a
sworn police officer.
a. Complaints concerning police conduct may be filed
at the Police Department or the Urbana Human Relations
Office.
b. Complaints shall be made in writing using a Citizen
Complaint Form created by the CRB in cooperation with
the Chief of Police. A complainant shall be furnished
with information regarding the complaint process and
the rights of complainants prior to, or as part of the
filing process.
c. A complaint shall be a sworn statement attesting to
the truthfulness of the allegations made. Complaint
forms shall contain a written warning that anyone
willfully making false allegations within the
complaint process may be subject to prosecution.
d. Complaints shall be based upon a first-hand account
either by the person involved in the incident or a
witness to the incident, except that a minor shall be
represented by a parent or guardian in all matters
pertaining to the complaint.
e. Complaints shall be filed within 45 calendar days
of the date of the incident, giving rise to the
complaint, unless the complainant is physically unable
to file a complaint because he or she has been
hospitalized, incarcerated or called to active
military duty. In such a case, the complaint must be
filed within 15 calendar days of the date the person
becomes physically able to file or no longer
incarcerated or in military service..
f. The CRB shall be notified within seven (7) working
days of the filing of the complaint.
g. Complaints filed at the Urbana Human Relations
Office shall be forwarded to the Police Department
within (7) working days.
(h) Upon receipt of a complaint, the Police Department
shall conduct an investigation of the complaint and
shall report the findings to the complainant and to
the CRB. The department shall conclude its
investigation prior to consideration by the CRB.
j. Once the Police Department has reported its
findings to the complainant and to the CRB, the
complainant shall have the option of appealing those
findings to the CRB in accordance with the procedures
set forth in Sec. 19-32.
(g) The CRB shall not have jurisdiction over
complaints about non-sworn officers such as the animal
control officer, parking enforcement personnel or
police service representatives.
(h) Complaints concerning incidents pre-dating the
creation of the Board will not be accepted.
Sec. 19-29. Mediation Notice.
Upon receiving a complaint, the CRB shall notify the
complainant of a mediation option and invite the
complainant to submit the complaint to mediation.
Sec. 19-30. Mediation Process.
a. Requests for mediation may be submitted in writing
to the CRB by the complainant or the police officer(s)
at any time in the review process. Mediation shall
proceed as soon as reasonably possible.
b. Mediation shall proceed only upon agreement of both
parties;
c. 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 approved by the City. The
mediator shall have experience dealing with law
enforcement related issues.
d. 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 CRB and Chief of Police in writing
within five (5) working days. Terms of the resolution
may be reported to the CRB and the Chief of Police
only upon the express written approval of the parties;
e. In conducting the mediation, the mediator may
suggest avenues toward resolution but may not impose
an outcome on the parties;
f. 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.
g. If the complainant is a parent of a child who is
the alleged victim of police misconduct, the parent
may bring the child to the mediation session. A minor
who is the alleged victim of misconduct must bring a
parent or guardian to the mediation session.
Sec. 19-31. [Reserved]
Sec. 19-32. Appeal of Police Department Findings to
the CRB
a. If the complainant is not satisfied with the
determination of the Chief of Police at the conclusion
of an internal investigation, he or she may file an
appeal to the CRB within 10 calendar days from the
date of receipt of the notice of the findings.
b. Upon receipt of an appeal, the Board shall hold an
initial hearing to set dates to hear the case within
45 working days. If the Board is unable to hear the
matter within 45 days, the Board shall provide written
basis to the complainant and the Police Department for
the extension of time needed for the appeal to be
heard.
c. Internal investigation reports shall not be subject
to public disclosure or use in other legal
proceedings.
d. Hearings shall be conducted in closed session and
members of the CRB shall keep confidential all matters
disclosed during hearings.
e. An Urbana Police Officer, appointed by the Chief of
Police, shall participate as an advisor to the Board
during all hearings of complaints.
f. The complainant shall be provided the opportunity
to make a statement to the CRB which details the basis
of the appeal.
g. The Chief of Police or his/her designee shall be
provided an opportunity to explain the basis for the
Police Department’s findings and conclusions.
h. The CRB shall weigh the facts and reach a
conclusion based on the preponderance of the evidence.
i. The CRB findings and conclusions may not be used as
evidence in any other criminal or civil court
proceeding to the extent that the City has the ability
to declare such an intention through adoption of this
Ordinance. However, this provision shall not
constitute a bar to disciplinary action against a
police officer based on the Police Department’s own
investigation of an officer’s conduct.
ADMINISTRATION AND ENFORCEMENT
Sec. 19-33. Findings and Conclusions
At the conclusion of each appeal under Sec. 19-32, the
CRB shall render one of the following findings based
on the preponderance of the evidence;
a. Not Sustained: Where the members determine that the
Chief’s finding is not supported by the evidence.
b. Sustained: Where the members determine that the
Chief’s finding is supported by the evidence.
c. Remanded for Further Investigation: Where the
members find, by a majority vote, that it is in the
community’s best interests to do so, or that there
exists new, relevant evidence that was not presented
to, or investigated by, the Chief of Police or his/her
designee, it may remand a matter back to the Chief for
further investigation or consideration.
Sec. 19-34. Report to the Chief of Police
(a) At the conclusion of its review, the CRB 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. If the
findings of the CRB and of the Chief of Police differ,
the Board and the Chief shall discuss their
differences and the basis for the different findings.
A thorough and objective written summary of this
discussion shall be transmitted to the by HRO within
ten (10) working days of the discussion.
(b) The CRB shall have no authority over police
disciplinary matters.
Sec. 19-35. Quarterly Meetings
a. The CRB shall conduct quarterly meetings that
provide the general public with an opportunity to
voice concerns and to provide recommendations for
improving interactions between the Police Department
and the community
b. The CRB shall hold its first quarterly meeting
within thirty (30) days after a quorum of its members
has completed the orientation program.
c. CRB quarterly meetings shall be open to the public
except when closed as provided in subsection (c);
d. A meeting shall be closed when the CRB discusses
any case-specific confidential information which may
not be disclosed pursuant to the Open Meetings Act and
all other applicable federal, state and local laws.
Sec. 19-36. Conduct of Complaint Review
a. In conducting a review, the CRB shall:
1. Be provided with full access to case-specific
records and tangible evidence subject to the
limitations of Sec. 19-26;
2. Hear a statement from the Complainant stating the
basis for appeal;
3. Hear a statement from the Chief of Police or
his/her designee describing the investigation and
determinations of the Police Department;
b. No Police Officer who is the subject of a complaint
shall be required to appear or to testify before the
Board.
c. Witnesses shall be questioned only by members of
the CRB;
d. The entire review on a single complaint shall be
concluded on a single occasion unless the CRB
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;
e. The Chief of Police shall designate a
representative from the Police Department to attend
the review for the purpose of providing information to
the CRB;
f. No fewer than five (5) business days before a
scheduled hearing, the CRB shall provide notice to all
interested parties via certified mail.
Sec. 19-37. Suspension of Proceedings
CRB review of any complaint shall be suspended at the
request of the Chief of Police or City Attorney where
a separate criminal investigation is underway or if a
civil action against the City is threatened, underway
or pending. Upon the conclusion of the Police
Department’s investigation of a complaint and the
conclusion of any separate legal proceedings, the CRB
may resume or undertake its review if the complainant
still wishes to proceed. The CRB will honor all
requests from the Police Department or from the
complainant to suspend proceedings until the
conclusion of any pending criminal or civil case
related to the complaint.
Sec. 19-38. Information Sharing
The CRB shall forward to the Chief of Police any new
case-specific information it obtains, during the
course of an investigation, concerning an incident
subject to a citizen complaint. Similarly, during the
course of a CRB investigation, the Chief of Police
shall forward to the CRB in writing any new
case-specific information the Chief obtains after the
Internal Affairs investigation has been concluded and
submitted to the CRB concerning an incident subject to
a citizen complaint.
Sec. 19-39. Community Outreach
(a) The CRB shall develop a brochure explaining CRB
procedures and the rights of complainants. The
brochures shall be prepared and distributed to the
public according to a plan developed by the CRB and
approved by the Mayor and the City Council.
Appropriate information on the CRB and its procedures
shall also be posted on the City’s website and
available through the Police Department, the City
Clerk’s office, and the Urbana Free Library.
(b) The CRB may hold periodic meetings with
neighborhood groups, civic organizations, and/or
community leaders to discuss community concerns
relating to public safety and police procedures.
Sec. 19-40. This Ordinance shall be subject to review
and reauthorization by October 30, 2010. The review
shall include public hearings and written comment from
a broad cross-section of the Urbana community as well
as the Police Department, the Human Relations
Commission, the City Attorney, and the CRB, itself.
The purpose of the review is to evaluate the strengths
and weaknesses of the present ordinance, and determine
what changes, if any, are appropriate to the ordinance
in the interest of strengthening police community
relations.
Section 2. If any provision or part thereof of
this Article III, 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.
Section 3. All ordinances, resolutions, motions,
or parts thereof, in conflict with the provisions of
this ordinance are, to the extent of such conflict,
hereby repealed.
Section 4. This ordinance shall not be construed
to affect any suit or proceeding pending in any court,
or any rights acquired, or a liability incurred, or
any cause or causes of action acquired or existing
prior to the effective date of this Ordinance; nor
shall any right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 5. The City Clerk is directed to publish
this Ordinance in pamphlet form by authority of the
corporate authorities, and this Ordinance shall be in
full force and effect from and after its passage and
publication in accordance with Section 1-2-4 of the
Illinois Municipal Code.
This Ordinance is hereby passed by the
affirmative vote, the “ayes” and “nays” being called
of a majority of the members of the city council of
the City of Urbana, Illinois at a regular or special
meeting of the council.
PASSED by the City Council this ____ day of ________,
2007.
Ayes:
Nays:
Abstentions:
______________________________
Phyllis
Clark, City Clerk
APPROVED by the Mayor this ____ day of _______,
2007.
______________________________
Laurel Lunt
Prussing, Mayor
____________________________________________________________________________________
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