Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 5-23-2012 by Ord. No. 43-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.

§ 40-1 Creation; membership; terms and vacancies.

A. 
There is hereby created an Atlantic City Public Safety Civilian Review Board.
B. 
The Public Safety Civilian Review Board (CRB) shall be comprised of two tiers of membership as follows:
(1) 
The first of the board shall be comprised of 21 members who shall be residents of the City of Atlantic City and shall be appointed as follows:
(a) 
Eighteen appointments to be made by City Council (Each council member shall have two appointments.);
(b) 
Two appointments shall be made by the Mayor with the consent and approval of City Council; and
(c) 
One member shall be the Director of Public Safety.
(2) 
The second tier of the board shall be comprised of City Council members.
(3) 
The first-tier board members shall be appointed to serve a two-year term beginning January 1, 2012, and shall serve until their successors are appointed and qualified. The terms of the members of the first board shall be served as follows:
[Amended 7-11-2012 by Ord. No. 51-2012]
(a) 
Ten members for a term of one year.
(b) 
Eleven members for a term of two years.
C. 
Thereafter, the term of each first-tier member shall be two years. A member may be removed from service on the board by a two-thirds vote of the full membership of the board for failure to attend three consecutive, unexcused board meetings.
D. 
Vacancies on the board for any first-tier member shall be reported to the City Clerk, who will then notify the Council that an appointment is needed to fill the unexpired term.
E. 
The appointment of members on the board shall be representative of all six wards of the City, as required by § 4-11 of this Code (Ordinance No. 45-1983).
F. 
All first-tier appointees shall undergo a criminal history background check to be conducted by the appropriate division of the Atlantic City Police Department. The Atlantic City Police Department will furnish the appropriate forms for the applicant to complete to perform the background check. All appointments or reappointments will be done with the understanding that the appointee certifies he/she has not been convicted of a crime or offense involving moral turpitude. Further, the appointment or reappointment shall be conditioned upon the required background check, and any individual who is found to have committed a crime or offense involving moral turpitude shall be subject to removal in accordance.

§ 40-2 Conduct of meetings.

The Atlantic City Public Safety Civilian Review Board shall utilize Roberts' Rules of Parliamentary Procedure for the orderly conduct of its board meetings.

§ 40-3 Duties.

A. 
The duties of the first-tier members of the Atlantic City Public Safety Civilian Review Board shall be as follows:
(1) 
To establish the principle of accountability by investigating and hearing civilian complaints on police activity.
(2) 
To ensure that citizens with grievances have a place to turn and thereby to help discourage police misconduct.
(3) 
To promote community awareness as to the citizens' opportunity to file a complaint concerning police misconduct, as well as to disseminate information as to how and where to file a complaint.
(4) 
To educate the public as to its rights in dealing with the police and about the merits of civilian oversight.
(5) 
To hold regular monthly meetings that are open to the public to permit citizens and representatives of organizations to voice criticisms, make proposals, and introduce resolutions to review or reform specific police practices.
(6) 
To create and utilize an "early warning" or "at-risk" system to identify officers who are the subject of repeated complaints.
(7) 
To publish a semiannual report, which shall include policy, procedure and training recommendations made and whether the Police Department implemented the recommendations; type of complaint; geographic location of the incident; race/ethnicity/gender of the complainant and characteristics of the officer. The report shall also include a listing of the numbers of the following:
(a) 
Complaints received;
(b) 
Complaints investigated;
(c) 
Hearings held;
(d) 
Complaints withdrawn; and
(e) 
Local, state and federal cases filed against the Police Department.
(8) 
The board shall also publish the following:
(a) 
Disposition of complaints;
(b) 
Number of use of force complaints; and
(c) 
Number of shooting complaints.
(9) 
Author and make available to the public a summary report on each complaint and its disposition.
(10) 
Forge a relationship with the Atlantic County Prosecutor as well as the Attorney General and forward complaints alleging serious allegations to the relevant prosecuting agency for appropriate action.
(11) 
Contact any civilian regarding the filing of a complaint, in the event that police misconduct has been alleged against a particular civilian and no complaint has been received by the board.
(12) 
Protect officers from petty and vengeful complaints as well as protect the due process rights of officers engaged in the complaint process.
(13) 
Upon a finding that a hearing shall be conducted based on the initial investigation of the first-tier board members, to refer matters to the second-tier board members for further proceedings.
B. 
The duties of the second-tier Atlantic City Public Safety Civilian Review Board members shall be as follows:
(1) 
To receive complaints from the first-tier Public Safety Civilian Review Board members which require a further-fact finding investigation and possible hearing.
(2) 
To subpoena witnesses to require testimony at Public Safety Civilian Review Board hearings and to produce documents.
(3) 
To sanction police officers for misconduct.
(4) 
To conduct all hearings in public and notify the public in advance of any and all upcoming hearings.
(5) 
To ensure that all complaints are disposed of within 120 days of receipt by the first-tier Public Safety Civilian Review Board members.
(6) 
To ensure that any sanctions that shall be imposed after a hearing with a determination that an officer has engaged in misconduct are imposed within 14 days of the determination of misconduct.