Brattleboro Civilian Police Review Board Proposal Steering Committee for the Brattleboro Civilian Police Review Board Submitted:  April 2004 to the Brattleboro Selectboard TEN PRINCIPLES FOR AN EFFECTIVE CIVILIAN REVIEW BOARD Independence. The power to conduct hearings, subpoena witnesses and report findings and recommendations to the public. Investigatory Power. The authority to independently investigate incidents and issue findings on complaints. Mandatory Police Cooperation. Complete access to police witnesses and documents through legal mandate or subpoena power. Adequate Funding. Should not be a lower budget priority than police internal affairs systems. Hearings. Essential for solving credibility questions and enhancing public confidence in the process. Reflect Community Diversity. Board and staff should be broadly representative of the community it serves. Policy Recommendations. Civilian oversight can spot problem policies and provide a forum for developing reforms. Statistical Analysis. Public statistical reports can detail trends in allegations, and early warning systems can identify officers who are subjects of unusually numerous complaints. Separate Offices. Should be housed away from police headquarters to maintain independence and credibility with the public. Disciplinary Role. Board findings should be considered in determining appropriate disciplinary action PROPOSAL FOR BRATTLEBORO CIVILIAN POLICE REVIEW BOARD TABLE OF CONTENTS: I.             Brattleboro’s Current System of Police ReviewII.            A Better System of Police ReviewIII.           The Benefits of Effective Civilian Review a.     Better Governmentb.     Improved Police Managementc.     Better Investigationsd.     Community Policing and Accountabilitye.     Public Trust IV.The Boarda   Compositionb.  Appointmentsc.  Board Responsibilitiesd.  Board Powers: Subpoenae.  Board Powers: Training and Policy Issuesf.  Board Powers: Recommend Discipline V.     Investigators VI.    Filing a Complaint (Intake) VII    MediationVIII   Assured ResultsIX.     Financial ConcernsX       Appendix: Summary Supporting Documentation                       Introduction: In numerous community dialogues and in the recent ballot proposal that was endorsed and passed by 1,566 voters:   Are you in favor of a “Brattleboro Civilian Police Board” under the guidance of the town government, with the goal to provide consistent feedback between police and community, provide an independent means to mediate disputes between community and police, and to foster community safety?   During the gathering of petition signature, informal key informant interviews took place that surveyed the communities’ attitudes towards policing and its efficacy in Brattleboro.  In over 600 interviews there was preponderance of concern with the level of training, safety, attentiveness, and community orientation of the Police Department as reflected in interviews with people from business owners, minorities, and people from many strata of life.  What was also noteworthy, in approaching community members, we found that less than 5% of those asked were unwilling to sign a petition.  What was striking was the unanimous response of African American and Hispanic voters on their concerns about policing in Brattleboro.   Minority’s perception of policing was mirrored in public dialogues sponsored by the Center for Living Democracy in the late l990s.  In those public meetings, African Americans and Latinos uniformly expressed concern and even fear in dealing with the Brattleboro Police Department.   In December 2001 Robert Woodward was shot and killed by Brattleboro Police officers.  This shooting of a highly agitated man created an atmosphere of mistrust between police and community.  Despite several community meetings and repeated calls for an Independent review of the police department, its policies, and the deadly force policy this has not occurred.   Currently, the internal review process by the Brattleboro Police Department consists of all complaints being personally handled by the Chief of Police.  There is no independent Internal Review Board which is a hallmark of modern policing. This lack of a true complaint process is mirrored in the statements by former Chief Martin that in the preceding year there were only “Two complaints against the BPD.” However, on closer question he disclosed there were more, but as Martin reports, “I settled the problem on the spot.” There is no consistent independent documentation for handling civilian complaints against the police.   Contrary to accepted policies in Police Departments around the US for a true complaint process to be processed it must be available without having to go to the Police Department and in order   In addition, in the Department of Justice’s The Brattleboro Challenge: Creating Excellence in Police/Community Relations Summary of Recommendations November 21, 2002 included the consideration of a Civilian Police Review Board process.  This recommendation was rejected as being inconsistent with the BPD’s philosophy. However, there is no philosophy statement that appears on record that supports this. WHAT IS CIVILIAN REVIEW? Civilian review systems create lot confusion because they vary tremendously. Some are more “civilian” than others. Some are not boards but municipal agencies headed by an executive director (who has been appointed by, and is accountable to, the mayor). The three basic types of civilian review systems are — Type I. Persons who are not sworn officers conduct the initial fact-finding. They submit an investigative report to a non-officer or board of non-officers, who then make a recommendation for action to the police chief. This process is the most independent and most “civilian.” Type II. Sworn officers conduct the initial fact-finding. They submit an investigative report to a non-officer or board of non-officers for a recommendation. Type III. Sworn officers conduct the initial fact-finding and make a recommendation to the police chief. If the aggrieved citizen is not satisfied with the Chief’s action on the complaint, he or she may appeal to a board that includes non-officers. Obviously, this process is the least independent. Although the above are the most common, other types of civilian review systems also exist. WHY IS CIVILIAN REVIEW IMPORTANT? Civilian review establishes the principle of police accountability. Strong evidence exists to show that a complaint review system encourages citizens to act on their grievances. Even a weak civilian review process is far better than none at all.A civilian review agency can be an important source of information about police misconduct. A civilian agency is more likely to compile and publish data on patterns of misconduct, especially on officers with chronic problems, than is a police