National Black Police Association, Westchester Chapter, Westchester Blacks In Law Enforcment

As civil service officers, it is our duty to uphold the laws of the state of New York. However, as natural leaders it is our moral, ethical, and human duty to reach and teach our families and youth by providing increased involvement and support thereby enriching lives and enhancing our communities.

Tuesday, November 24, 2009

Independent Civilian Complaint Review Board the only way for true Transparency and Accountability between the Community and Law Enforcement

There has been recent debate over the establishment of an Advisory Council on Police and Community Relations instead of a Civilian Complaint Review Board (CCRB) in the City of Mt. Vernon. This has also been the topic of concern with citizens, community leaders and law enforcement.

It is the opinion of the Westchester Chapter of the National Black Police Association, NE Region, that an “Independent Civil Complaint Review Board" (CCRB) should be established as an effective mechanism to true transparency between law enforcement and the community they claim to serve. We are knowledgeable of other cities that have Civilian Re­view Boards and have adopted a system that is independent of the Police force.

Law enforcement professionals, like government employees, are hired and paid for by the citizens of the community, and they are given the exclusive right in our society to exercise physical and deadly force if necessary, in requiring citizens to comply with the laws and their commands. Our system of government is based on checks and balances; each possessing the power to curtail the activities of the other. State and local levels use similar models to ensure those who represent the interests of the people, do so in accordance within the law and not abuse the authority they have been granted.

Police departments establish policies that affect everyone in the community. Yes, there are a few in some cases with no checks and balances within “Law Enforcement” to protect the interest and rights of civilians that we are sworn to serve and protect.

To this end, from our research, the Mt. Vernon city council voted to establish a Civilian Complaint Review Board in 1982. Even though there have been many amendments around the country on how a CCRB is operated. Anything less than and CCRB is symbolism without substance.

A Civilian Complaint Review Board should be an independent civilian agency. The board should be structured with private citizens serving alongside non-uniformed retired law enforcement officers. Specific legislation should be passed by the city council that will empower the board to receive, have the power to subpoena, investigate, hear, make findings and recommend action on complaints against Law Enforcement agency of the municipalities’ jurisdiction which alleges the use of excessive or unnecessary force, abuse of authority, discourtesy, misconduct, or the use of offensive language. Investigations are conducted in an impartial fashion by the board's investigative staff. All investigations will be in partnership and alongside the law enforcement agencies investigators that complaint has been filed against.
Complaints may be made by any person whether or not that person is a victim of, or witness to, an incident. Dispositions by the board on complaints are forwarded to the District Attorneys office and the Police Commissioner. As determined by the board, dispositions may be accompanied by recommendations regarding disciplinary measures and policy changes.

In fulfillment of its mission, the board should pledged:

· To encourage members of the community to file complaints when they feel they have been victims of police misconduct.
· To encourage all parties involved in a complaint to come forward and present whatever evidence they may have and to investigate each allegation thoroughly and impartially.
· To examine carefully each investigative report to insure that all possible efforts have been made to resolve the complaint.
· To make objective determinations on the merits of each case.
·To recommend disciplinary actions that are fair and appropriate, if and when the investigative findings show that misconduct occurred.
· To respect the rights of both the complainants and the subject Law Enforcement officers.
· To engage in community outreach throughout the county of Westchester to educate the general public concerning the agency's purpose and the services provided and to respond to the comments and questions of the public concerning issues relevant to the agency's operation.
· To report any patterns of misconduct uncovered during the course of investigations and review of complaints to the Westchester County District Attorneys office and the Department of Justice under the “Police Misconduct Provision”.

· To report to the police commissioners of the counties local, towns, and villages relevant issues and policy matters coming to the board's attention.

To assure its effectiveness the board will utilize the national standards of (NACOLE) The National Association for Civilian Oversight of Law Enforcement.

In Unity and Peace
Damon K. Jones
North East Region Representative