Press Release: The Police Accountability Board Alliance Strongly Opposes City Council’s Proposed Changes to the PAB Legislation (April 16, 2019)

A press release for a press conference from the Police Accountability Board Alliance after being told by Council members that the legislation released in January would be amended.

FOR IMMEDIATE RELEASE:

The Police Accountability Board Alliance Strongly Opposes City Council’s Proposed Changes to the PAB Legislation

When: Tuesday, April 16, 2019, 5:15 p.m.

Where: City Hall steps, 30 Church Street, Rochester, NY 14614

At a community forum last week, City Councilmembers announced that they will consider amending the Police Accountability Board (PAB) legislation to allow former law enforcement officers on the PAB. The PAB Alliance, a coalition of more than 50 community organizations, strongly opposes this proposed amendment to the PAB legislation. The purpose of the PAB is to give community control of police oversight because the police cannot police themselves. To allow former law enforcement on the board, whether former Rochester Police Department (RPD) or from other departments, would undermine the function and legitimacy of the PAB.

The PAB Alliance demands that City Council pass the legislation originally negotiated by City Council and the PAB Alliance, United Christian Leadership Ministry, and the Genesee Valley Chapter of the New York Civil Liberties Union. This negotiated legislation would create a PAB solely made up of civilian members, which is essential for a truly independent board.

This negotiated legislation establishes an all-civilian board, with the five pillars, that would be amply prepared to review and adjudicate cases of police misconduct with direct input from members of the RPD:

1. Board members would be required to be trained in patterns, practices, policies, and procedures of the RPD along with relevant  local, state, and federal law.

2. RPD’s Professional Standards Section would conduct their own report on all cases of misconduct which the PAB would review.

3. RPD officers accused of misconduct would be able to offer their own interpretation of RPD policy and training to the PAB.

4. The Police Chief will give input on all misconduct cases and has the authority to compel the PAB to reconsider any case.

5. The PAB would be able to request information from RPD officials to better understand RPD policy and training, just as a jury can consider expert testimony.

These stipulations in the negotiated legislation allow for plenty of RPD involvement in the review process. Therefore, there is no need to have former law enforcement officers on the board.

Allowing former law enforcement officers on the PAB would create a lack of trust between the community and the PAB. The current oversight system is not trusted because RPD is expected to be final arbiters in the process. This proposed amendment would create the same situation. And given the requirement that PAB members be Rochester residents, it is unlikely that City Council will find former law enforcement officials who do not have some relationship with the RPD. For example, Monroe County Sheriff employees work closely with RPD, and thus their presence on the board would create a substantial risk of conflicts of interest.

Overall, the police have failed to hold themselves accountable which is why we need an independent PAB in the first place. We call on City Council to look past the misinformation and the delay tactics of the Locust Club. We encourage City Council listen to their constituents. We demand a PAB that prioritizes the community and empowers civilians. Vote on the negotiated PAB ordinance now!

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