The Case for an Independent Police Accountability System: Transforming the Civilian Review Process in Rochester, New York (Feb. 2017)
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From the "Abstract" of The Case for an Independent Police Accountability System: Transforming the Civilian Review Process in Rochester, New York (Feb. 2017):
The purpose of this document is to improve the accountability of the Rochester Police Department through a robust civilian oversight system. The City of Rochester’s civilian review process embodied in the Civilian Review Board does not adequately address the instances of police misconduct by officers in the Rochester Police Department (RPD). Civilians file complaints with the RPD’s internal affairs office, the Professional Standards Section (PSS), which investigates them. These investigations and their findings are submitted to the Civilian Review Board (CRB) and the Chief of Police, who each make their own findings. The CRB has no power to independently investigate complaints, no power to compel testimony or evidence, and no power to discipline officers. The Chief of Police makes the final determination as to whether the complaint against the officer is sustained, and if so, what, if any discipline is administered. This process lacks transparency and accountability, and many individuals and organizations believe it perpetuates a system of officer misconduct resulting in ongoing mistreatment of some civilians in Rochester, NY.
The authors researched: annual reports of the CRB 2001-2015 and PSS 2002-2015, the history of Rochester’s civilian review processes, and how the current process works. We compared the CRB, PSS, and Chief of Police findings and recommendations. We examined how the CRB was established, its make-up, and how it is funded. We reviewed the records of disciplinary consequences imposed by the RPD in instances of officer misconduct. We studied civilian review processes in other areas of the United States.
Our research indicates a lack of accountability and transparency within the RPD, resulting in continued occurrences of police officer misconduct. The PSS process involves the police investigating themselves, and there is no independent review of police misconduct that calls officers to account for their actions or enacts appropriate discipline that would deter the misconduct. The process through which the CRB is funded involves an apparent conflict of interest. The CRB has no power to investigate complaints. Instead, the police, through PSS, conduct all investigations of complaints. In many cases CRB findings mirror PSS findings, and there is no appeal process. The CRB is not adhering to portions of the 1992 ordinance that established it, and the ordinance itself does not address the need for an independent body to provide true accountability and transparency in incidents where civilians are mistreated by the police. There is no real opportunity for civilians to have their complaints heard in a just and fair process outside of the control of the RPD, short of filing a lawsuit, which is often not a realistic alternative, due to cost and other factors.
We recommend the abolition of the current Civilian Review Board and the establishment of a Police Accountability Board (PAB) through a City Council ordinance. The PAB would be completely autonomous and funded separately from the RPD, have investigative powers, and issue subpoenas to compel testimony and evidence. The PAB would make the final decision on the disposition of complaints and the recommended discipline to be imposed on officers if the complaints against them are sustained. This recommendation has been endorsed by numerous organizations and community leaders in Rochester, New York.
Read the report above.
