CITY COUNCIL AGENDA Members Nikuyah Walker, Mayor October 26, 2021 Sena Magill, Vice Mayor Heather D. Hill Michael K. Payne J. Lloyd Snook, III Kyna Thomas, Clerk 5:00 PM JOINT WORK SESSION Register at www.charlottesville.gov/zoom. Virtual/electronic meeting in accordance with a local ordinance amended and re-enacted October 4, 2021, to ensure continuity of government and prevent the spread of disease during a declared State of Emergency. Individuals with disabilities who require assistance or special arrangements to participate in the public meeting may call (434) 970-3182 or submit a request via email to ada@charlottesville.gov. The City of Charlottesville requests that you provide a 48 hour notice so that proper arrangements may be made. Call to Order and Roll Call – City Council Call to Order and Roll Call – Police Civilian Review Board (PCRB) DISCUSSION: 1. PCRB Interim Meeting Procedures 2. PCRB Proposed Ordinance PUBLIC COMMENT CLOSING REMARKS Adjournment Summary of Civilian Oversight Board Proposed Ordinance (Full text posted at https://www.charlottesville.gov/1446/Working-Documents) Ordinance Section Summary Sec. 2-450.-Title • Changes name to Police Civilian Oversight Board to convey a broader focus than solely complaint review Sec. 2-451.-Police Civilian Oversight • Modifies mission statement from 2019 Bylaws reflecting new oversight functions Board Established; Immunities. • Board has sovereign immunity “as provided by Virginia statutory and common law” Sec. 2-452.-Powers and Duties of • Enumerates general powers from VA 9.1-601 (investigation, complaint review, audit, policy the Police Civilian Oversight Board recommendations, subpoena power, budgetary review, disciplinary recommendations) • Specifies Board shall have broad access to evidence and documents necessary to conduct its business • Board will not function under new ordinance until Operating Procedures are approved by City Council Sec. 2-453.- Police Civilian Oversight • Establishes three-year (staggered?) terms for Board members Board Membership Appointment, • Members are appointed by City Council; may be removed for cause (procedures will reference code and Terms. of ethics) • Residential and demographic requirements Sec. 2-454. – Public Meetings. • Requires monthly public meetings Sec. 2-455.-Police Civilian Oversight • Executive Director (ED) appointed by City Manager with Council approval Board Executive Director • Defines ED administrative duties; (s)he may recommend hiring of independent investigator or auditor • Board has input to ED interview process, performance evaluation Sec. 2-456.-Police Civilian Oversight • Board may hire (with the approval of the City Manager) legal counsel to advise them on any legal Board Legal Counsel. matters before the Board Sec. 2-457. – Receipt and • Board’s Operating Procedures will include procedures for receiving complaints from the public Investigation of Complaints – • Board and CPD will forward complaints to each other promptly Authority and Complaint Intake • Procedures for receiving complaints to be publicized Sec. 2- 458. – Review of Police • Board may select completed IA investigations for review of thoroughness, completeness, accuracy, Department Internal Investigations objectivity, and impartiality (criteria for selecting complaints to be established in the Operating Procedures) • Board must review all complaints where a review request is received from the complainant • Board may not review IA investigations that are subject of pending civil or criminal investigations • Review hearings to be conducted per Sec. 2-463 and Operating Procedures • Board may (1) concur with IA findings, (2) decide that IA findings are not supported by the evidence, or (3) that the investigation is incomplete or defective Sec. 2- 459. - Independent Civilian • Specifies grounds for initiating investigations (1) the Board concludes an incident of misconduct Oversight Board Investigation warrants investigation, (2) the IA investigation not completed in timely fashion, or (3) when Board finds IA investigation was defective under Sec. 2-458) • Investigation complies with federal, state, and local laws • ED notifies City Manager who engages independent investigator • Investigator qualifications to be specified in the Operating Procedures (currently there is no option for the ED to conduct an investigation) • Investigator files a report and Board holds hearing (per Operating Procedures) • Board may (1) dismiss allegations if they are found to be unsupported by evidence, (2) make disciplinary recommendations for sustained serious allegations, or (3) refer allegations of illegal conduct to Commonwealth’s Attorney for further investigation Sec. 2-460. - Disciplinary • Investigator identifies potential “serious” breaches of conduct; Board holds hearing to discuss Recommendations independent investigator’s report • Subject officer and other parties to be notified in advance of nature of allegations; subject officer may be represented by Counsel • Officer’s testimony may not be compelled • Board will assign sustained serious allegations to disciplinary categories in the CPD Disciplinary Matrix, and make disciplinary recommendation • Board will consult Supervisor or Commander of Subject Officer when considering disciplinary recommendations • Forward recommendation to Chief for final disciplinary action • Unsupported or non-serious allegations referred to Chief • Right for Officers to file grievance affirmed Sec. 2- 461. - Board Review of Law • Board may make written recommendations regarding CPD policies, practices, and procedures Enforcement Policies, Practices and • CPD may accept recommendation or within 30 days, or provide written justification for not doing so Procedures • The Board may require the ED to conduct audits of Internal Affairs investigations, arrest and detention patterns, and other public-police interactions Sec. 2- 462. - Request Annual • Board will be provided with annual CPD budgetary expenditures and projections Reports of Police Expenditures • Board may make expenditure recommendations to the City Manager and City Council Sec. 2- 463. Authority to Hold • Establishes Board authority to hold hearings for (1) complaint review, (2) after independent Hearings and Issue Subpoenas investigations of complaints or incidents (3) related to other issues where the Board wishes to gather information • Hearings may be held at the request of two or more Board members, may be closed if confidential information is to be discussed • Detailed Hearing Procedures will form part of Operating Procedures (build on interim document) Sec. 2- 464. - Suspension of • The Board shall suspend an investigation if it becomes aware of an alleged criminal act or offense Complaint Investigations • The Board shall consult with City Attorney and its own legal counsel as to whether a parallel investigation of non-criminal allegations may be conducted Sec. 2-465. - Police Civilian Oversight • Board provides recommendations for City Council to include in annual legislative program for the Board Recommendations and General Assembly (annually by August 15) Annual Report. • Board shall provide an Annual Report by April 15; section includes a list of required elements Sec. 2-466. - Police Civilian Oversight • Board shall propose Operating Procedures for approval by the City Council Board Operating Procedures • Amendment to the Operating Procedures shall be voted on by the Board and submitted to the City Council for approval Section 2-467. - Community • Board must hold quarterly public listening sessions Engagement and Community • Board may host or participate in public-police community meetings to discuss matters of pressing Relations public concern • The Board’s outreach activities will be included in the Board’s Annual Report Section 2-468. - Training • Requires all Board members receive at least eight hours of NACOLE-sponsored (or similar) training every two years (“and within 90 days of Board appointments”) • Every two years, Board members will receive training from the ED, Chief of Police, or other city employee training related to (1) legal and ethical obligations of Board members, (2) police department policies and regulations (3) police department personnel recordkeeping, (4) other city policies, procedures, and systems • The City will provide additional training as needed Section 2-469. – Commendations for • The Board may recognize police officers, managers, or other city personnel for outstanding Exceptional Community Service community service Section 2-470. Mediation • The Board may propose procedures for mediation or alternative dispute resolution to address civilian complaints