Models for OversightCivilian control over police
Survey of the options
● Over 100 jurisdictions have boards
● At least 2 professional organizations
● Complaints in Ferguson must go through city manager
Types of Oversight
● Ombudsman - Liaison for public
● Police Auditor - Reviews police investigation
● Independent complaint body
● Mix of several
Ombudsman
● Role of “Facilitator”
● Interfaces with public and police
● Makes recommendations only
● What Ferguson currently has… sort of
Police Auditor
● Reviews police worko Could oversee investigationso Could review police conclusions
● Staffed by volunteers or professionals
Independent Complaint Body● Receives complaints
● Conducts investigations
● Acts on conclusions
● Best oversight, but expensive
● Model for FBI investigation (sort of)
Hybrid Models
● Most include voluntary mediation
● Some put civilians in police dept.
● Mix volunteers, elected officials and professional career investigators
BudgetMoney can buy rights enforcement
Paid Staff costs money
● Professional investigators are paid
● Reducing police department usually not an option
● Even elected officials want some pay
Budget allocation tradeoff
● Minimum mandatory budget included in act may not reflect need
● Leaving it up to city will make funding political and eventually gut the operation when money is tight.
IndependenceThe measure of confidence
Personal Conflicts
● Family, financial and close personal relationships cloud objectivity.
● Interest in positions often tied to personal relationships
● Exactly what types of conflicts are a problem defined by community
Police Investigation
● Partial police officers might not look very hard at colleagues
● Even with review, key evidence may be suppressed.
● Independent investigators are expensive.
Ongoing Political Will
● Political will is hot now
● Will it hold?
● What happens when people are more concerned about budget?
Career Path
● Investigator is a step in a long career path
● Even independent investigators may have history/future in law enforcement
AuthorityThe teeth that the board has
Compel Witnesses
● Important for investigations
● Without this, must “ask nicely”
Officer Discipline
● Beyond “recommendation”
● The board’s ability to affect raises and promotions
● Causes officers to take board decisions seriously
Filing charges
● Rare authority
● Enables investigators to act immediately
● Bypasses grand jury process
Organizational Mandate● Legislation
o Fast and relatively easyo Subject to shifting will
● Ballot Initiativeo Hard to accomplisho Resistant to transient political will
Other Issues & Challenges
Qualification of Board
● Should board have specific skills?o Attended police academyo Maintain certification with oversight
board organizationo Civil Rights Lawyers
● May raise conflict issues
Access to Process
● Complicated forms are obstacle to reporting
● Access to forms (hours, location) are obstacle to reporting
● Knowledge of how to file can be hard to find
Claim Preclusion
● If a board judges has authorityo All civil rights cases must go through
processo Separate / independent investigation
limited
ReferencesShielded from Justice: New York: Civilian Complaint Review Boardcpp_policeoversight_report.pdfCivilian Oversight Survey.pdfPolice Assessment Resource Center"Legislative Oversight of Police: Lessons Learned from an Investigation" by Mary M. ChehPolice Oversight in the United States Final 108.doc - 10-19 altus conf paper.pdfNACOLE » The National Association for Civilian Oversight of Law EnforcementCivilian Complaint Review BoardCitizen Review of Police : Approaches and Implementation ((Issues and Practices) NCJ184430) - 184430.pdfFighting Police Abuse: A Community Action Manual | American Civil Liberties UnionAgency Profile-Kansas City-MO » NACOLENLG: Northeasternreport12-05.pdfSF Office of Citizen Complaints - Berkeley Law podcast