[HISTORY: Adopted by the Council of the City
of Schenectady 6-10-2002 by Ord. No. 2002-9.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police — See Ch. 92.
[1]
Editor's Note: This ordinance was vetoed by
the Mayor 6-20-2002, and reconsidered and readopted by the Council
6-24-2002.
There is hereby established in the City of Schenectady
the Schenectady Civilian Police Review Board.
A.
It is the finding of the City Council of the City
of Schenectady that the existing Police Objective Review Committee
and the Police Community Advisory Board should be abolished, unless
otherwise temporarily extended by the City Council, and their functions
combined with new procedures and functions in a new body, to be known
as the "Schenectady Civilian Police Review Board." Further, the citizens
of the community will be best served with civilian oversight of internal
police complaint procedures and investigations, and in addition to
have a permanent body whose mission shall include the bettering of
relations between civilians and police. Nothing in this enactment
is intended to impair any rights of any party or participant, including
those granted under federal and state laws, rules, and enactments.
B.
The City Council hereby finds and declares that abuse
of authority, prejudice, or discrimination based upon race, gender,
color, national origin, economic status, religion, age, sexual preference,
marital or domestic partner status, mental or physical ability has
no place in the actions, customs, practices, policies, or procedures
of the Police Department of the City of Schenectady.
C.
The City Council further finds and declares that the
conduct of law enforcement officials is subject to public, departmental,
and executive scrutiny and accountability.
D.
The purpose of this chapter is to create an independent
review body with respect to complaints of misconduct by officers of
the Schenectady Police Department. The remedies created by this chapter
are in addition to any others provided by common law or statute. Its
goals are to improve communication between the Police Department and
the community, to increase police accountability and credibility with
the public, and to create a complaint review process that is free
from bias and informed of actual police practices.
[Amended 12-30-2002 by Ord. No. 2002-16; 10-11-2005 by Ord. No. 2005-13; 1-8-2007 by Ord. No. 2007-1; 2-11-2013 by Ord. No. 2013-02]
The Board shall consist of nine members, appointed
by the Mayor and confirmed by the City Council, whose terms shall
be for two years. Upon initial appointment there shall be six members
serving two-year terms and five members serving one-year terms; every
person thereafter shall be appointed to a two-year term. Appointments
to the Board should be made with regard to composing a body of members
who are involved in community activities and represent diverse constituencies.
Appointments shall be made from recommendations made by the following
organizations, all of whom may submit, within 90 days of a written
request, one or more names to the Mayor for that purpose: NAACP; Human
Rights Commission; SUN; Chamber of Commerce; SICM; League of Women
Voters; Schenectady Municipal Housing Authority; and the City Council.
In addition, one member of the general public, representing no particular
group or organization, shall be appointed upon recommendation of the
citizenry and the Mayor. Organizations may recommend an additional
candidate each as a standby. The Mayor may select candidates from
this pool of candidates to fill specific vacancies that may arise
for specific organizations.
The Board shall include two ex-officio, nonvoting
members, the Schenectady Public Safety Commissioner and a citizen-at-large
appointed by the City Council. Members of the Schenectady Police Department
Office of Professional Standards, the Corporation Counsel's office
and others with knowledge of specific cases or related issues may
be made available as resources to the Board, as requested by the Board
majority.
[Amended 2-11-2013 by Ord. No. 2013-02; 4-12-2021 by Ord. No. 2021-04]
No member of the Board may be a member of the
Schenectady Police Department, an elected official, a City officer,
or an employee of the City (other than the Public Safety Commissioner
serving as an ex-officio member). Members may not serve or remain
on the Board if they have been convicted of a felony against a police
officer or any member of law enforcement; or convicted of a violent
crime; or have been incarcerated in the past five years; or have been
on probation or parole in the past five years. All members shall be
residents of the City of Schenectady. No two members shall be related.
A "relative" shall be defined as a spouse, parent, stepparent, sibling,
step-sibling, sibling’s spouse, child, stepchild, uncle, aunt,
nephew, niece, or first cousin.
[Amended 2-12-2007 by Ord. No. 2007-2; 4-13-2009 by Ord. No.
2009-04; 2-11-2013 by Ord. No. 2013-02]
A.
In accordance
with the provisions of the New York State Public Officers Law, any
member whose term has expired shall hold over until his or her replacement
shall be named; any replacement shall hold office for the balance
of the term. Any vacancy in office shall be filled by Mayoral appointment,
with Council confirmation, of a successor for the balance of the term.
The Board shall notify any nominating organization at least 60 days
prior to the expiring term of a person nominated by that organization.
The Mayor shall make every effort to make such replacement appointment
from said nomination or nominations within said sixty-day period.
B.
A member
may be appointed to two consecutive terms. Upon the successful completion
of two consecutive terms, the member may not be reappointed to membership
on the Board for at least one year from the end of the last term in
office.
[Amended 4-12-2021 by Ord. No. 2021-04]
A.
Board members shall participate in training provided by the Schenectady
Police Department, its Office of Professional Standards and the City
of Schenectady Law Department. Additional training, as agreed upon
by the Board, will be provided and will include, but not be limited
to, issues such as human relations, mediation and conflict management.
Completion of the orientation program concerning the goals, powers
and procedures of the CPRB is required before a member may participate
as a voting member. Further, the City of Schenectady shall be designated
to become a member of the National Association of Civilian Oversight
of Law Enforcement, and at least one member shall attend its annual
conference, subject to budget constraints.
B.
Board 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 the penalties imposed for violations.
C.
Board members shall obey all laws respecting individuals' rights
of privacy and confidentiality of records.
D.
Board members shall not remove any Police Department, professional
standards, personnel or other confidential files, records or tapes
from City offices.
E.
Board members shall recuse themselves from participating in the review
of any complaint in which they have a personal, professional or financial
conflict of interest.
F.
Board members shall 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 the CPRB, complainants or police officers.
A member of the Board may be removed by a two-thirds
vote of the Board for cause, which shall include but not be limited
to, unexcused absences, violation of confidentiality, refusal to complete
training and conflict of interest.
[Amended 2-11-2013 by Ord. No. 2013-02]
Five of nine members shall constitute a quorum
for the transaction of business. The Board shall meet at least once
per month, and more often as it by resolution may deem necessary.
The Board shall by resolution establish the time and place of its
regular meetings.
[Amended 2-11-2013 by Ord. No. 2013-02; 4-12-2021 by Ord. No. 2021-04
The members of the Board, upon being appointed,
shall convene and select a Chairperson, Vice Chairperson and Secretary,
and shall establish such rules and regulations, in writing, to be
maintained by the Chairperson and distributed, as amended from time
to time, to all Board members. The Board by resolution or bylaw may
establish such other officers as it deems necessary for the transaction
of business. Proceedings of all meetings shall be governed by the
current edition of Robert’s Rules of Order.
The Board shall encourage and facilitate mediation
of any complaint, as a first step in the appropriate cases. To this
end, it shall establish a list of approved mediators and their qualifications.
All such mediators shall be subject to the approval of the Board majority.
The Board may hire or contract for the services of a mediation facilitator,
which may be a person, an institution, or an agency. Participation
in mediation shall be voluntary, and shall not be construed as a bar
to either a civil lawsuit or criminal prosecution, or settlement of
the same.
[Amended 4-13-2009 by Ord. No. 2009-05]
The Board shall have the power to independently review complaints
made to it concerning the policies and procedures of the Schenectady
Police Department. The Board may hire an independent investigator
to review or investigate complaints about policy or procedure, especially
when the same allege violations of civil rights or the use of excessive
force. Complaints shall be untimely unless filed within 45 days following
the incident giving rise to the complaint. The complaint shall be
investigated and a report filed with the Board within 30 days after
the filing of the complaint unless unusual or extraordinary circumstances
require a longer period of time for investigation. Where unusual or
extraordinary circumstances exist, the Police Department shall report
the existence and nature of the circumstances to the Board. The Board
shall render its decision concerning the investigation of the Department
within 30 days following the receipt of the Police Department’s
investigation report.
A.
The Board
hall have the power to review the investigation of civilian complaints
against members of the Schenectady Police Department by review of
the investigation by the Office of Professional Standards of the Police
Department in a double-blind system. All complaints concerning members
of the Department should be filed with the Police Department’s
Office of Professional Standards. Complaints may also be filed with
or at the Schenectady Human Rights Commission, the Schenectady NAACP,
or City Hall. Complaints may also be initially filed with any other
intake location, place or center indicated or provided by the Board,
but shall be thereafter immediately forwarded to the Office of Professional
Standards. Complaints must allege one or more of the following:
(1)
Harassment,
which is repeated, unwarranted verbal or physical annoyances or unwarranted
threats or demands;
(2)
Use
of unnecessary or excessive force, which is the use of greater physical
force than reasonably necessary to repel an attacker or terminate
resistance, not including the force reasonably necessary to effect
a lawful pursuit;
(3)
Use
of language or conduct that is insulting, demeaning or humiliating,
including harsh, violent, profane or derogatory language that would
demean the dignity of an individual or reasonably be judged as racial,
ethnic or sexist slurs;
(4)
Discriminatory
treatment based on a person’s race, color, religion, national
origin, sex, handicap, political affiliation, source of income or
place of business or residence; or
(5)
Criminal
conduct.
B.
Complaint
forms should include a statement that the filing of a complaint is
not a bar to filing a lawsuit for injury or damages, nor a bar to
prosecution for perjury or filing a false instrument. The Board shall
not itself participate in an internal affairs investigation, nor shall
it issue subpoenas concerning the same. If requested by the Board,
the Board shall be provided with all records , including video and
audio recordings, relating to an investigation. The time limits for
filing and reporting of an internal complaint shall be as provided
in the Policy and Procedure Manual of the Schenectady Police Department
relating to professional standards complaints. Complaints shall be
untimely unless filed within 45 days following the incident giving
rise to the complaint. The complaint shall be investigated and a report
filed with the Board within 30 days after the filing of the complaint,
unless unusual or extraordinary circumstances require a longer period
of time for investigation. Where unusual or extraordinary circumstances
exist, the Police Department shall report the existence and nature
of the circumstances to the Board. The Board shall render its decision
concerning the investigation of the Department within 30 days following
the receipt of the Police Department’s investigation report.
The Board may hire an independent investigator to review the professional
standards investigation of any complaint where the same alleges violations
of civil rights or the use of excessive force.
[Amended 4-13-2009 by Ord. No. 2009-05; 4-12-2021 by Ord. No. 2021-04]
C.
An annual,
independent audit, by a consultant selected by the Board, of all complaints
and their investigations shall be completed; the results will be made
available to the Mayor, the City Council and the Board.
The Board shall have the power to make findings
upon its deliberations upon a review of a civilian complaint in the
following form: that after a review of the complaint and its investigation,
the findings may be found to be approved, disapproved, unable to be
determined, returned for reevaluation, or referred to the Mayor and
City Council, both of which have subpoena power. The complainant shall
be notified in writing of the Board's findings within 30 days of those
findings.
The Board shall have the power to make findings
upon its deliberations concerning policies and procedures in whatever
form it deems necessary, including reports and referrals to any other
agency or institution of competent jurisdiction.
The Board shall have as part of its mission
the duty to recommend changes in City policy and procedures to the
Mayor, City Council, and Public Safety Commissioner, and to review
the effectiveness of local policies, laws and ordinances concerning
police functions and recommend changes as it deems fit.
The Board shall charge and oversee its paid
staff with the responsibility to:
A.
Design programs to foster improved relations between
the Schenectady Police Department and the citizens of the City of
Schenectady;
B.
Become knowledgeable on procedures and operations;
C.
Provide a forum by which the citizens of Schenectady
can educate themselves with regard to general police operations, as
well as to educate and inform the Police Department on the ever-changing
needs of the citizens;
D.
Cooperate with the various civic organizations within
the City of Schenectady in order to fulfill the objectives of this
chapter;
E.
Provide insight and recommendations to the Mayor and
Council of the City of Schenectady on new and existing procedures
which will improve the effectiveness of police and community relations;
F.
Prepare and/or recommend and/or promote youth outreach
programs.
[Amended 2-12-2007 by Ord. No. 2007-2]
The Board shall report its findings in summary
form at least quarterly to the Mayor, City Council, and Chief of Police.
The report should contain at a minimum the activities participated
in, statistics on complaints received and reviewed, and training had
and received. As much as is possible with respect to legal requirements,
such reports, or parts thereof, should also be made available to the
public.
[Amended 2-12-2007 by Ord. No. 2007-2]
The Board may recruit, interview, and recommend
the employment of an Executive Director, administrative support personnel,
investigator, educator, or outreach specialist. Investigative and
administrative staff support services should, whenever possible, be
provided by independent contractors, subject to all applicable local
and state laws and ordinances.
All meetings of the Board shall be open to the
public unless an executive session is warranted under provisions of
the New York State Open Meetings Law.
Upon written request of the Mayor, Corporation
Counsel, or complainant, citing the existence of a civil or criminal
court action, the Board shall suspend inquiry into any particular
event or complaint up to or until such time as the court action is
concluded. The inquiry may be resumed upon conclusion of the court
action.
A.
The Mayor and the City Council shall each appoint
10 Schenectady residents to an Advisory Committee for ongoing study
of and subsequent recommendations on the civilian police review process.
Membership of the Advisory Committee shall be diverse and representative
of constituencies and neighborhoods from throughout the City. The
Executive Director of the Schenectady Civilian Police Review Board
shall be a voting member of the Advisory Committee. In the event a
member of the Advisory Committee resigns from the Advisory Committee
or no longer resides in the City of Schenectady, the body that appointed
the member shall appoint a new member to the Advisory Committee. Members
of the Advisory Committee shall serve for a period of two years and
may be reappointed.
[Amended 4-12-2021 by Ord. No. 2021-04]
B.
The Advisory Committee shall be charged with studying
such issues as the impact of the City-PBA contract and State Civil
Service Law on the process; future roles for outside local, state
and federal agencies, including but not limited to the Schenectady
County District Attorney's office and Sheriff's Department; as well
as other related issues that may arise from the continued work of
the Schenectady Civilian Police Review Board. The Advisory Committee
shall consider if changes are warranted and draft a strategy to implement
those changes with the goal being a more responsive, independent police
complaint review process.
C.
The Advisory Committee shall report its findings and
recommendations to the Mayor, City Council and Civilian Police Review
Board every six months.
[Amended 4-12-2021 by Ord. No. 2021-04]
[1]
Editor's Note: Former § 93-23,
Term, was repealed 6-27-2005 by Ord. No. 2005-11.
If any part or parts of this chapter are for
any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this chapter.
