[HISTORY: Adopted by the City Council of the City of Newburgh 7-14-2014 by Ord. No. 1-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 80.
[1]
Editor's Note: This ordinance also repealed former Ch. 72,
Police Community Relations Advisory Council, adopted 9-23-1991 by
Ord. No. 38-91, as amended.
A.
The City Council of the City of Newburgh finds that it is in the
public interest of the citizens of the City of Newburgh have an effective
forum to improve the relationship between the community and the City
of Newburgh Police Department through the exchange of ideas and discussion
of problems within the City relating to crime and crime prevention
and other law enforcement objectives.
B.
The City Council further finds that it is important to have a method
by which City residents can make requests for law-enforcement-related
services.
C.
The City Council further finds that an effective program to improve
the relationship between the community and the City of Newburgh Police
Department requires an independent authority to review the conduct
of law enforcement officials.
D.
The purpose of Chapter 72 of the City Code of Ordinances is to create an independent, nonexclusive body to review complaints of misconduct by members of the City of Newburgh Police Department. The goals of this chapter are to improve the communication between the City of Newburgh Police Department and the community, to increase police accountability and credibility with the public and to create a fair and impartial complaint process.
For purposes of this chapter, the following words and phrases
shall have the meaning described in this section:
The Police Chief of the City of Newburgh Police Department.
A written statement concerning police conduct which is submitted
to the Police Community Relations and Review Board or filed directly
with the City of Newburgh Police Department.
Spouse, domestic partner, child, stepchild, mother, father,
mother-in-law, father-in-law, grandparent.
A structured dispute resolution process in which a neutral
third party assists the disputants to reach a negotiated settlement
of their differences.
Sworn member of the City of Newburgh Police Department.
Police Community Relations and Review Board.
Administrative Lieutenant of the City of Newburgh Police
Department.
A.
There is hereby established a Police Community Relations and Review
Board comprised of seven members.
[Amended 1-27-2020 by Ord. No. 1-2020]
B.
Appointment to the PCRRB shall be made as follows:
[Amended 1-27-2020 by Ord. No. 1-2020]
(1)
One
member from each of the four wards shall be appointed by the Council
member elected from each ward.
(2)
Three
members shall be appointed by the City Council and the City Council
shall designate one such member as the Chair of the PCRRB.
(3)
If a Council member fails or refuses to appoint a member to the PCRRB under § 72-3B(1) and a vacancy exists for more than 60 days from the date the notice of vacancy is provided to the City Council by the PCRRB Chair, then the City Council as a whole may make such appointment.
(4)
When
a PCRRB vacancy has existed for at least 60 days from the date the
notice of vacancy is provided to the City Council by PCRRB Chair and
the City Council has not acted to make an appointment to fill such
vacancy, the PCRRB, by a simple majority, shall have the right to
nominate person(s) for review and appointment by the City Council.
C.
Terms.
[Amended 1-27-2020 by Ord. No. 1-2020]
(1)
Members
shall be appointed for three-year terms.
(2)
No member
of the PCRRB shall serve for a period which exceeds two full consecutive
terms; provided, however, that a member may be considered for reappointment
after one year of non-membership.
(3)
Members
shall continue to serve on the PCRRB until their successors are appointed.
D.
Removal.
(1)
The PCRRB, by a simple majority vote of the entire Board, may upon
good cause request that the City Council remove a PCRRB member where
appropriate.
(2)
The Mayor and/or a City Council member may upon good cause request
that the City Council remove a PCRRB member.
(3)
PCRRB members may be removed from the PCRRB by a majority plus one
vote of the City Council.
E.
Vacancies. Any vacancy which occurs by resignation, death or removal
of a PCRRB member shall be filled within 60 days in the same manner
as the predecessor to fill the unexpired term.
A.
Qualifications of members:
(1)
Members of the PCRRB shall reside in the City of Newburgh and be
at least 18 years old at the time of appointment.
(2)
Members of PCRRB shall possess a reputation for fairness, integrity
and responsibility and have demonstrated an active interest in public
affairs and service.
(3)
The City Council shall endeavor to reflect the City's diverse community
with respect to age, disability, ethnicity, race, gender, sexual orientation,
income level and experience in making their appointments.
(4)
Members of the PCRRB or members of their immediate family shall not
be employed by the City of Newburgh Police Department or any local,
state or federal law enforcement agency.
(5)
Members of the PCRRB shall not be members of the immediate family
of any incumbent elected official of the City of Newburgh nor have
any financial ties with either members of the City of Newburgh Police
Department or any incumbent elected official of the City of Newburgh.
(6)
No practicing attorney or member of his or her firm, or the immediate
family of an attorney or member of his or her family who represents
a plaintiff or defendant in a police misconduct lawsuit initiated
against the City of Newburgh Police Department, the Police Chief of
the City of Newburgh or the Newburgh PBA or a plaintiff or any family
member of a plaintiff in such case shall be a member of the PCRRB.
B.
Member responsibilities: PCRRB members shall:
(1)
Obey all laws respecting individuals' rights of privacy and confidentiality
of records.
(2)
Recuse themselves from participating in the review of any complaint
in which they have a personal, professional or financial conflict
of interest.
(3)
Conduct themselves at all times in a manner that will maintain public
confidence in the fairness, impartiality, and integrity of the PCRRB
and refrain from making any prejudicial comments with respect to the
PCRRB, complainants or police officers.
A.
Training. The PCRRB shall seek and participate in a broad and independent
range of training necessary to pursue the duties and responsibilities
of the PCRRB as approved and funded by the City Council.
B.
Meetings and administration.
[Amended 1-27-2020 by Ord. No. 1-2020]
(1)
The
PCRRB shall adopt and the City Council shall approve, rules and bylaws
for the transaction of PCRRB affairs, including the manner of calling
and giving notice of special meetings and the appointment and duties
of any special committees.
(2)
The
PCRRB shall hold regular monthly business meetings.
(3)
Four
members of the PCRRB shall constitute a quorum. A quorum must be present
to conduct business. Four votes shall be required for any action by
the PCRRB.
(4)
The
PCRRB shall hold its initial meeting within 60 days after the initial
appointments are made. At its initial meeting, the PCRRB shall fix
the time and place for its regularly scheduled meetings.
(5)
The
PCRRB may conduct both public and closed meetings as allowed or required
by the New York State Public Officers Law, Article 7, known as the
Open Meetings Law.
C.
Recommendations; reports.
(1)
The PCRRB may make recommendations to the City Council and the Police
Department regarding law enforcement, crime, crime prevention and
improved relations with the community.
(2)
The PCRRB shall file annual reports with the City Council, City Manager
and the Police Chief which contain statistics and summaries of citizen
complaints, including a comparison of the PCRRB's findings with the
final determination of the City of Newburgh Police Department.
D.
Community outreach and education. In addition to regular monthly
business meetings, the PCRRB shall hold public meetings in each ward
a minimum of once each year for the purposes of inviting and facilitating
public discussion between the City of Newburgh Police Department and
City residents regarding law enforcement and services, crime and crime
prevention and community relations within the City of Newburgh.
E.
Filing of complaints. Complaints concerning police conduct shall
be filed with the PCRRB and the City of Newburgh Police Department
as provided in this subsection.
(1)
Complaints shall be lodged in writing on the City of Newburgh Citizen
Complaint Form as reviewed and approved by the PCRRB for such purpose
and shall be signed by the complainant. Complaints shall be filed
with the PCRRB at the Executive Office, City Hall, 83 Broadway, Newburgh,
NY, or with the City of Newburgh Police Department, 55 Broadway, Newburgh,
NY. Complaint forms shall be printed in English and Spanish and shall
be available at the City of Newburgh Police Department, the City Hall
Executive Office and the City Clerk's Office.
(2)
A copy of each complaint filed with the PCRRB shall be forwarded
to the City of Newburgh Police Department within five working days
of its receipt. A copy of each complaint filed with the City of Newburgh
Police Department shall be provided to the PCRRB within five working
days of receipt by the Police Department.
(3)
Complaints shall be filed within six months of the date of the alleged
incident giving rise to the complaint. Complaints filed after six
months from the date of the alleged incident shall be returned or
the PCRRB may accept and review such complaint upon an affirmative
vote of five members of the PCRRB.
F.
Review of complaints. A review of a complaint shall proceed as provided
in this subsection.
(1)
Investigation of complaints.
(a)
The City of Newburgh Police Chief or his designee shall investigate
every complaint filed with the City of Newburgh Police Department
or the PCRRB. The Chief shall file with the PCRRB quarterly reports
on the status of the investigation of each complaint.
(b)
The Police Chief or his designee shall begin its investigation
of each complaint immediately upon receipt of the complaint. If the
Police Chief or his designee fails to conclude the investigation within
60 days of the receipt of the complaint, he shall advise the PCRRB
in writing of the status of the investigation and the estimated time
for the conclusion of the investigation. Thereafter, the Police Chief
or his designee shall advise the PCRRB in writing of the status of
the investigation every 30 days until the conclusion of the investigation.
(c)
Within 10 working days of the conclusion of the Police Chief's
investigation, he shall submit a preliminary report of his findings
to the PCRRB.
(d)
After review and deliberation of the preliminary findings of
the Police Chief, the PCRRB shall:
(e)
In the event that the PCRRB is dissatisfied with the extent
and/or quality of the Chief's investigation, it shall promptly inform
the City Council in writing of the specific deficiency of the investigation.
In such event, the PCRRB may seek authorization from the City Council
to conduct an investigation with the services of an outside independent
investigator. The investigator shall be selected on a rotating basis
from a panel of investigators comprised of certified investigators,
attorneys, retired judges and similarly qualified individuals who
are approved by the City Council. The use of an outside independent
investigator shall be limited to complaints alleging use of excessive
force or civil rights violations.
(2)
Findings of the PCRRB.
(a)
The PCRRB, after review and deliberation of an investigation,
shall, by majority vote, make one of the following findings on the
complaint:
[1]
Sustained: where the review disclosed sufficient facts to prove
the allegations made in the complaint.
[2]
Not sustained: where the review fails to disclose sufficient
facts to prove or disprove the allegation made in the complaint.
[3]
Exonerated: where the acts which provide the basis for the complaint
occurred but the review shows that such acts were proper.
[4]
Unfounded: where the review shows that the act or acts complained
of did not occur or were misconstrued.
[5]
Ineffective policy or training: where the matter does not involve
guilt or lack thereof but rather ineffective departmental policy or
training to address the situation.
[6]
No finding: where the complaint failed to produce information
to further the investigation; where the investigation revealed that
another agency was responsible and the complaint or complainant has
been referred to that agency; where the complainant withdrew the complaint;
where the complainant is unable to clarify the complaint; or where
the officer is no longer employed by the City.
[7]
Mediated: where the complaint is resolved by mediation.
(b)
If the PCRRB fails to render any finding referenced above within
60 days of its receipt of the preliminary report of the Chief's findings,
the complaint file shall be returned to the Chief for disposition
of the matter, unless the PCRRB shall advise the Chief, the complainant
and the affected officer(s) in writing of the reason for the delay
in rendering its finding. In such case, the PCRRB shall provide the
Chief, the complainant and the affected officer(s) with monthly updates
on the status of the complaint. In any event, if the PCRRB fails to
render a finding referenced above within 120 days of its receipt of
the preliminary report of the Chief's findings, the complaint file
shall be returned to the Chief for disposition of the matter.
A.
A mediation process shall be established and coordinated by the PCRRB
in accordance with this section.
B.
Mediation shall be conducted at no cost to the complainant or the
officer by highly trained and experienced mediators selected from
a list approved by the City Council. The list of mediators shall reflect
community diversity. Mediators shall be required to complete an appropriate
training curriculum and continuing education on issues related to
the interaction between civilians and police officers from the perspective
of both the citizen and police officer.
C.
After a complaint is filed under § 72-5 of this chapter, the complainant and the officer(s) may at any time in the review process utilize the mediation process herein to resolve the complaint by submitting a written request for mediation to the PCRRB. The mediation process also may be utilized after the complaint is referred to mediation by the PCRRB pursuant to § 72-5F(1)(d) of this chapter. In either case, the mediation shall proceed as promptly as possible after a request for mediation or a referral to mediation is made. Mediation may proceed only on the agreement of the officer with the approval of the Chief and the agreement of the complainant.
D.
Every reasonable effort shall be made to schedule mediation during
an officer's normal working hours.
E.
Mediators shall conduct mediation sessions with officers and complainants
at times and places agreed upon by the parties.
F.
In conducting the mediation sessions, the mediators may not impose
an outcome on the parties.
G.
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.
H.
Statements and records disclosed during mediation may not be disclosed
or introduced in evidence during any judicial or administrative proceeding,
and mediators may not be compelled by subpoena to give testimony or
produce anything related to the mediation.
I.
The PCRRB and the Chief will be informed whether the mediation sessions
result in a resolution of the dispute. If the mediation sessions do
not result in a resolution of the dispute, the PCRRB review process
referenced in this chapter shall continue to conclusion. If the mediation
sessions do result in a resolution of the dispute, the PCRRB shall
issue a finding of "mediated" and the allegations shall be deleted
from the officer's PCRRB history.
Upon the written recommendation of the Corporation Counsel,
the City Council may suspend the PCRRB review of any complaint where
a separate criminal investigation is under way or where a civil action
against the City is under way or pending. Upon the conclusion of such
separate proceedings, the PCRRB may resume or undertake its review.
No report, finding or determination made pursuant to this chapter
shall in any way conflict with or abridge the rights of complainants
or officers guaranteed by the United States Constitution, the New
York State Constitution or any federal or state law, rule, regulation
or administrative order.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid or otherwise unenforceable, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.