[Adopted 6-8-2021[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
400 but was renumbered to maintain the organizational structure of
the Code.
A Civilian Police Review and Relations Board is hereby established
as authorized by Section 17 of Public Act 20-1, as that Public Act
may be codified, recodified or amended from time to time.[1]
[1]
Editor's Note: See C.G.S. § 7-294aaa.
The purposes of the Civilian Police Review and Relations Board
established by this article shall be as follows:
A.
To promote public confidence in the professionalism and accountability
of the Manchester Police Department through the unbiased review of
the investigation of complaints filed against any Manchester police
officer.
B.
To provide a timely, fair, and objective review of complaints and
the manner in which they are investigated.
C.
To promote positive interactions and establish and maintain trust
between the community and the police.
D.
To serve as a forum to discuss, study and offer advice regarding
use-of-force policies.
E.
To serve as a forum to discuss the nature of interactions between
residents and public safety.
F.
To serve as a forum to discuss alternative responses to people experiencing
mental health concerns and/or substance misuse for Department consideration.
G.
To accept, in addition to the Department's process, complaints
from residents regarding the conduct of officers of the Manchester
Police Department and/or ancillary agencies acting in conjunction
with or on behalf of the municipal agency.
H.
To request and receive informal reviews of any incident that is of
concern to the body or its Chair and formal investigations to complaints,
by vote of the body, if necessary.
I.
To review the recruitment process for officers, and training as it
relates to equitable and unbiased treatment of all members of the
public, and provide advice on same to the General Manager, Human Resources
and Police Department.
A.
The Civilian Police Review and Relations Board shall consist of seven
members, who shall be residents of the Town appointed by the Board
of Directors. The members of the Civilian Police Review and Relations
Board shall serve without compensation. No member of the Civilian
Police Review and Relations Board shall be a sworn officer of any
police department or law enforcement entity. No member shall be a
former sworn officer, unless said officer has not been employed in
such capacity for at least three consecutive years.
B.
At the time of first appointment of the members of the Civilian Police
Review and Relations Board, two members shall be appointed to serve
until December 31, 2022, two members shall be appointed to serve until
December 31, 2023, and three members shall be appointed to serve until
December 31, 2024. Upon the expiration of these initial terms, each
subsequent appointment shall be for a term of three years, commencing
on the first day of January. The membership should appropriately represent
the diversity of the community as a whole.
C.
No person shall be appointed to the Civilian Police Review and Relations
Board unless such person has consented to and executed all necessary
releases for the performance of a criminal background check. Such
background check shall be performed by the Police Department or other
agency, and no person shall be appointed to the Civilian Police Review
and Relations Board until the Police Chief or his designee has reported
the results of such criminal background check to the Mayor and the
party leader of the other party of the Board of Directors. This background
work adds to other considerations by the Board of Directors in determining
appointments and is not meant to be exclusionary.
D.
There are hereby authorized three alternate members of the Civilian
Police Review and Relations Board, who shall be residents of the Town
and shall be appointed by the Board of Directors. At the time of original
appointment, one alternate shall be appointed to serve until December
31, 2022, one alternate until December 31, 2023, and one alternate
until December 31, 2024, and each successor shall be appointed for
a term of three years, commencing on the first day of January. Upon
the expiration of these initial terms, each subsequent appointment
shall be for a term of three years, commencing on the first day of
January. Any alternate member of the Civilian Police Review and Relations
Board shall, when designated to act for any member of the Civilian
Police Review and Relations Board, have all of the powers and duties
of a member of the Civilian Police Review and Relations Board.
E.
The Board of Directors shall not appoint members who have close relatives
(parent, child, sibling, and/or spouse) working for Manchester Police
Department.
A.
The Police Chief shall designate one or more representatives from
the Manchester Police Department to serve as a departmental liaison
to the Civilian Police Review and Relations Board. Such departmental
liaison or liaisons shall have the privilege of the floor pursuant
to an agenda item at any meeting for the purpose of providing information
and perspective on police techniques, procedures and methods, except
that such liaison may be excluded from deliberations of Board motions
by a vote of the Board.
B.
The General Manager shall designate one or more representatives from
his or her office or other appropriate department to serve as a staff
liaison with the Civilian Police Review and Relations Board for the
purposes of coordination and administrative support. The General Manager
may designate a departmental liaison appointed by the Police Chief
pursuant to this section to serve in such role. The Civilian Police
Review and Relations Board, through its Chairperson or, in the absence
of its Chairperson, through its Vice Chairperson, may request from
the staff liaison or liaisons such information as it may require and
such clerical or other assistance as may be reasonably available and
necessary to carry out its duties and responsibilities under the provisions
of this article.
C.
The Civilian Police Review and Relations Board shall, at its first
meeting following the effective date of its appointment and annually
thereafter, elect a Chairperson and Vice Chairperson from among its
members and such other officers as the Civilian Police Review and
Relations Board may determine.
A.
The Police Chief shall promptly refer to the Civilian Police Review
and Relations Board a redacted synopsis of the completed internal
investigation of any complaint received by the Police Department.
The Board may request the full report for review should it determine
further review is appropriate. Any matter so referred may be placed
on the agenda for the next regularly scheduled meeting of the Civilian
Police Review and Relations Board. Reviews of internal investigations
shall be in executive session; all actions will be in public session.
B.
In evaluating such completed investigation, the Civilian Police Review
and Relations Board may review a copy of the complaint and any public
records or files relevant to such completed investigation. For the
purpose of this section, "public records or files" shall have the
same meaning as set forth in Chapter 14 of the General Statutes, as
amended from time to time.
C.
Following such review, the Civilian Police Review and Relations Board
shall recommend by majority vote to either accept or object to such
completed internal affairs investigation. In the event the Civilian
Police Review and Relations Board recommends objection, the Civilian
Police Review and Relations Board shall make findings as to the thoroughness,
completeness, accuracy, and objectivity of the investigation.
D.
The Civilian Police Review and Relations Board shall conduct its
work independently of Charter and contract requirements, but in a
manner so as to not violate any provisions of either, and recommend
to accept or object within 60 days after a referred complaint first
appears on an agenda. The failure of the Civilian Police Review and
Relations Board to act thereon shall be considered as a recommendation
to accept.
E.
Any recommendation made by the Civilian Police Review and Relations
Board under this section shall be advisory only. Any final decision
of discipline shall be made by the Chief of Police, consistent with
the Town Charter and collective bargaining agreement.
F.
The Civilian Police Review and Relations Board may request formal
investigations of an incident pursuant to complaints received. In
the event that a Civilian Police Review and Relations Board request
for an investigation be denied by the Department, a written explanation
of the denial must be provided to the Civilian Police Review and Relations
Board.
A quorum shall consist of five members.
A.
The General Manager, in coordination with the Police Chief, shall
develop reasonable requirements for orientation, training, and continuing
education for members and alternates appointed to the Civilian Police
Review and Relations Board. No member or alternate shall enter upon
the duties of office unless the General Manager or his or her designee
has certified that such member or alternate has completed such orientation
and training. Any member or alternate who fails to complete any continuing
education within a reasonable period of time prescribed by the General
Manager shall be ineligible to participate in the consideration of
complaints, and the General Manager may refer such member or alternate
to the Board of Directors for removal from office.
B.
Except as may be required by law, no member or alternate to the Civilian
Police Review and Relations Board shall publicly discuss any complaint
pending or any matter reasonably likely to come before the Civilian
Police Review and Relations Board outside of a meeting of the Civilian
Police Review and Relations Board.
A.
Upon receipt of a written request from the Town Attorney, the Civilian
Police Review and Relations Board shall stay and take no further action
in connection with any proceeding that is the subject of pending litigation
in which the Town is a party or may be required to protect and save
harmless a party pursuant to § 7-101a of the General Statutes,
as amended from time to time, until 1) such litigation or claim has
been finally adjudicated or otherwise settled, or 2) the Town Attorney
provides written notification to the Civilian Police Review and Relations
Board that a stay of proceedings is no longer required, whichever
is sooner. The deadline for the Civilian Police Review and Relations
Board to take action shall be tolled during such stay.
B.
Nothing in this article shall prevent the Town from entering into
a settlement agreement that restricts the ability of the Town or any
other party to comment on or discuss a matter. Upon receipt of a written
request from the Town Attorney, the Civilian Police Review and Relations
Board shall stay and take no further action in connection with any
proceeding in which such consideration or discussion would violate
the terms of a settlement agreement to which the Town is a party.
C.
Upon receipt of a written request from the Police Chief, the Civilian
Police Review and Relations Board shall stay and take no further action
in connection with any proceeding that the Police Chief reasonably
believes may prejudice a pending prosecution or a prospective law
enforcement action until 1) such prosecution or law enforcement action
is complete, or 2) the Police Chief provides written notification
to the Civilian Police Review and Relations Board that the stay of
proceedings is no longer required, whichever is sooner.
The Civilian Police Review and Relations Board shall provide
an annual written report to the Board of Directors. Such report shall
include a brief summary of the disposition of all complaints reviewed
by the Civilian Police Review and Relations Board as well as the status
of any policy recommendations presented to the Department. The Civilian
Police Review and Relations Board may bring recommendations for action
by the Board of Directors as necessary.
