[Peace-discuss] Fw: [police oversight] NYC Citizens Crime Commission - National Police Oversight Models

[Laurie Solomon]

This might contain some ideas about what an effective Civilian Review authority might look like if we were to actually have one in this community (including the cities of Champaign and Urbana as well as the county)

From: kwa357 
Sent: February 03, 2012 2:01 PM
To: policeoversight at yahoogroups.com 
Subject: [police oversight] NYC Citizens Crime Commission - National Police Oversight Models

  

NATIONAL POLICE OVERSIGHT MODELS 

It is beyond dispute that the NYPD is one of the most effective crime fighting forces in the country. Since the early 1990's, the NYPD has led the way in innovative strategies. Despite a fluctuating force size, the department has utilized outstanding police deployment tactics, and confronted terrorism in an unprecedented manner. The results have been monumental. A 76.3 % decrease in murder over 20 years; 80.5% decrease in robbery; 56.2% decrease in rape; and in fact overall crime is down 79.9% [NYPD]. By any measure, this is an overwhelming success. The NYPD is deservedly seen as one of the leaders in modern crime fighting--and New York City and all New Yorkers are beneficiaries. New York today is an unimaginably safe city. 

While this unprecedented run of multi-year successes is unparalleled, the last few years have also witnessed a rising concern over NYPD practices and continued allegations of supervisory level misconduct. Allegations of an excessive stop and frisk policy, ticket-fixing, manipulation of crime reporting, multiple allegations of retaliation against police department whistleblowers, allegations of an unlawful detention policy and a repeated course of conduct demonstrating an unwillingness to comply with proper demands for data have once again brought into focus the question of sufficient, independent, oversight of the NYPD. 

The NYPD is the largest police department in the country, dwarfing its nearest rivals in Chicago, Los Angeles and Philadelphia. Even if those forces were combined, the result would only be 29,107 officers compared to the NYPD's 34,817 officers [UCR]. Yet in each of those cities the enabling act creating civilian oversight provides the elements required for a vigorous independent oversight mechanism. From Chicago's Independent Police Review Authority and Police Board, to Los Angeles' Board of Police Commissioners and Inspector General, to Philadelphia's Police Advisory Commission and Integrity and Accountability Office, each of these agencies has the elements allowing them to administer an independent oversight process, beyond the reach of the police force. Most importantly, each has either subpoena power or the right to demand access to information relevant to its tasks. This is a central function of any meaningful oversight mechanism. 

The review that follows examines the different ways the top five next largest U.S. police departments conduct civilian oversight. Three core elements are found in each (with the exception of Houston): transparency; independence; and compulsory power to demand documents, data, access to personnel and other information. 

New York, NY 
Jurisdiction: New York City Police Department [NYPD]
City Population: 8,336,002 [UCR]
Total Officers: 34,817 [UCR]
Total Civilian Employees: 15,251 [UCR]
Starting Salary: $41,975 (base pay police academy) [NYPD]
Oversight Agency: 
1) Civilian Complaint Review Board [CCRB] 
2) Commission to Combat Police Corruption [CCPC]
Authority:
1) The Civilian Complaint Review Board's authority is limited to receiving complaints and investigating allegations of misconduct including excessive or unnecessary use of force, abuse of authority, and discourtesy or the use of offensive language. [CCRB]
Compulsory Power: Yes.
Authority:
2) The Commission to Combat Police Corruption monitors and evaluates all corruption control policies and procedures of the NYPD. CCPC also performs audits, studies, and analyses of anti-corruption related policies and procedures. [CCPC]
Compulsory Power: No.
Membership: 
1) The Civilian Complaint Review Board is overseen by thirteen Board Members. The NYC Council nominates five members (one from each borough), the Police Commissioner nominates three members, and the Mayor selects five members and appoints the NYC Council and Police Commissioner's nominees. The Board selects an Executive Director who manages daily operations of the CCRB. [CCRB]. 
2) The Commission to Combat Police Corruption is comprised of six members appointed by the Mayor. [CCPC].

Examples of oversight models of the top 5 next largest police departments: 

Chicago, IL
Jurisdiction: Chicago Police Department [CPD] 
City Population: 2,833,649 [UCR]
Total Officers: 12,515 [UCR]
Total Civilian Employees: 803 [UCR]
Starting Salary: Starting Salary: $43,104 (first year) [CPD]
Oversight Agency: 
1) Independent Police Review Authority [IPRA] 
2) Police Board [CPB]
Authority:
1) IPRA performs intake for all complaints of misconduct. It is responsible for investigating allegations involving excessive use of force, police involved shootings, deaths in custody, domestic violence, verbal bias-based abuse and coercion. Allegations of misconduct outside of these areas are referred to the Police Department's Internal Affairs Division for investigation. When, IPRA finds a complaint to be valid, it will make a recommendation to the Superintendent regarding disciplinary action against the officer. IPRA also makes recommendations to the Superintendent, the police board, and the chairman of the city council committee on police and fire regarding policy and operating procedure reforms. [IPRA] 
2) The Police Board can adjudicate complaints in two instances 1) after the Superintendent of Police files charges against a member; or 2) if a suspended member of the police requests a review of his or her suspension. [CPB]
Compulsory Power: IPRA has subpoena power.
Membership: 
1) IPRA is headed by a civilian Chief Administrator, who is appointed by the Mayor and subject to approval by the City Council. 
2) The Police Board is made up of nine members who are private citizens appointed by the Mayor with the advice and consent of the City Council.

Los Angeles, CA
Jurisdiction: Los Angeles Police Department [LAPD]
City Population: 3,841,707 [UCR]
Total Officers: 9,858 [UCR]
Total Civilian Employees: 2,896 [UCR]
Starting Salary: $46,583 (Police Office I) [LAPD]
Oversight Agency:
1) Board of Police Commissioners [LAPDBPC] 
2) Office of the Inspector General [OIGLAPD]
Authority:
1) The Board of Police Commissioners sets policies for the LAPD and oversees the Chief of Police who manages the department. [LAPDBPC] 
2) Part of the Board of Commissioners, the Office of the Inspector General has the authority to investigate any type of activity (without limitations) of the LAPD, unless the Board of Police Commissioners orders to stop the investigation. [OIGLAPD]
Compulsory Power: The Office of the Inspector General has subpoena power and unrestricted access to all LAPD files.
Membership:
1) The Board of Police Commissioners consists of five civilians appointed by the Mayor and confirmed by the City Council.
2) The Inspector General is selected by the Board of Police Commissioners through a competitive interview process and majority vote.

Philadelphia, PA
Jurisdiction: Philadelphia Police Department [PPD]
City Population: 1,558,378 [UCR]
Total Officers: 6,734 [UCR]
Total Civilian Employees: 798 [UCR]
Starting Salary: $42,474 (police academy) [PPD]
Oversight Agency: 
1) Police Advisory Commission [PAC] 
2) Integrity & Accountability Office [IAO]
Authority: 1)The Police Advisory Commission receives complaints and conducts investigations into allegations involving excessive or unnecessary use of force, abuse of authority, and verbal abuse. The commission may also conduct studies of police department policies, procedures or practices. Findings and recommendations made by the commission are forwarded directly to the Mayor, the City Managing Director and the Police Commissioner for their review and appropriate action. [PAC] 
2) Integrity & Accountability Office monitors and audits policies and procedures related to corruption, misconduct, and excessive use of force. The IAO has the authority to initiate studies and audits and makes reform recommendations. [IAO]
Compulsory Power: The Police Advisory Commission has subpoena power. The Integrity and Accountability Office has access to virtually all police documents and personnel.
Membership:
1) The Police Advisory Commission consists of fifteen members and four alternate members. Eight members and two alternate members are appointed directly by the mayor and the other seven members and two alternate members are selected by the mayor from a list of 21 nominees selected by the City Council. 
2) Integrity & Accountability Office - Not available.

Houston, TX
Jurisdiction: Houston Police Department [HPD]
City Population: 2,280,859 [UCR]
Total Officers: 5,351 [UCR]
Total Civilian Employees: 1,703 [UCR]
Starting Salary: $31,965 (Police Cadet) [HPD]
Oversight Agency: Citizens Review Committee [CRC]
Authority: Citizens Review Committee is part of the Houston's Police Internal Affairs Department. The Committee reviews internal investigations for thoroughness and accuracy, and to make sure discipline is properly administered. CRC has authority to review cases involving excessive use of force, officer involved shootings, incidents involving death and serious injury, and any case the Chief of Police requests CRC to review. [CRC]
Compulsory Power: No.
Membership: The Committee consists of three panels of seven citizens selected by the Mayor.

Washington, DC
Jurisdiction: Metropolitan Police Department [MPDC]
City Population: 601,723 [UCR]
Total Officers: 3,945 [UCR]
Total Civilian Employees: 532 [UCR]
Starting Salary: $48,716 (Police Office for first 18 months) [MPDC]
Oversight Agency: Police Complaints Board, Office of Police Complaints [OPC]
Authority: The Police Complaints Board oversees the citizen complaint review process and policies related to reducing misconduct,. The Board makes recommendations to the Mayor, the Council, and the Chief of the Metropolitan Police Department. The Board also monitors and evaluates the Department's handling of protests and demonstrations. [PCB] 
The Office of Police Complaints receives complaints and has the authority to investigate allegations involving harassment, excessive or unnecessary use of force, verbal abuse, discriminatory treatment, retaliation for filing a complaint with OPC, and failure to wear or display identification or identify oneself when requested. [OPC]
Compulsory Power: Subpoena Power
Membership: The Board is composed of five members, one of whom is a member of the MPD and the other four are unaffiliated with law enforcement. The members are appointed by the Mayor and confirmed by the City Council. The Board selects an attorney as the Executive Director of the Office of Police Complaints.



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