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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIPOC. Individuals and communities identifying as Black, Indigenous and People of Color.
BPD. The Boston Police Department.
COMMISSIONER. Any of the three members of the OPAT Commission.
CRB. The member(s), individually and collectively, of the city’s Civilian Review Board established by this Section.
EXECUTIVE ADMINISTRATION. The division of the OPAT comprised of employees responsible for carrying out the work and policy directives of the OPAT.
EXECUTIVE DIRECTOR. The person appointed to oversee the Executive Administration of the OPAT, who shall have the powers of a Department head and shall also serve as a member of the OPAT Commission.
FIO. Field investigation and observation data collected by the BPD during a stop and frisk, a consensual encounter with an individual or an observation of an individual for intelligence purposes.
IAOP. The member(s), individually and collectively, of the city’s Internal Affairs Oversight Panel established by this Section.
INTERNAL AFFAIRS. The division within BPD responsible for conducting internal investigations of Officer conduct.
OPAT. Refers collectively to the city Office established by this Section encompassing the OPAT Commission, Executive Administration, Civilian Review Board and the Internal Affairs Oversight Panel.
OPAT COMMISSION. The Office of Police Accountability and Transparency Commission established by this Section.
OPAT STAFF. The personnel, individually and collectively, of the Executive Administration.
ORDINANCE. This Section establishing the city Office of Police Accountability and Transparency.
POLICE COMMISSIONER. The Police Commissioner in charge of the Boston Police Department.
(CBC 1985 12-17.2; Ord. 2020 c. 7 § 1)
There shall be in the city a Commission known as the Office of Police Accountability and Transparency Commission, hereinafter referred to as the OPAT Commission. The OPAT Commission shall be comprised of three Commissioners, each appointed by the Mayor as follows: one Commissioner shall be the person appointed by the Mayor as the Executive Director as set forth in Subsection 12-17.5; one Commissioner shall be the person appointed by the Mayor as the Chair of the Civilian Review Board as set forth in Subsection 12-17.8; and one Commissioner shall be the person appointed by the Mayor as the Chair of the Internal Affairs Oversight Panel as set forth in Subsection 12-17.12. The Commissioners shall each have knowledge and expertise relevant to aspects of Police reform or accountability, as well as demonstrated knowledge of how demographic groups are impacted by use of force and field investigation. The Commissioner who is the Executive Director shall serve during their appointment to that role and the remaining Commissioners shall serve during their appointments as Chairs of the CRB or IAOP. The Mayor shall appoint annually a Commissioner as the Chairperson of the Commission. The Commissioners shall be residents of Boston. The Commissioners shall be classified as special municipal employees for the purposes of M.G.L. Chapter 268A. The Commissioners shall serve without compensation for their role on the Commission. Nothing in this Subsection shall preclude any Commissioner from being compensated for their role as Executive Director of the OPAT, or as a member of the CRB or IAOP.
(CBC 1985 12-17.3; Ord. 2020 c. 7 § 1)
The OPAT Commission shall have the power to:
(A) Create rules, regulations or procedures necessary to guide the conduct of investigations and making of findings and recommendations by the OPAT Staff, in keeping with all due process rights, applicable laws and statutes;
(B) By a two-thirds vote, subpoena witnesses and compel their testimony under oath, including, but not limited to, filing contempt proceedings with the Superior Court, compelling the discovery and production of documents, books, papers or evidence related to any matter under investigation by OPAT, and requiring the attendance during the examination of documentary material of any person having knowledge of the documentary material and taking testimony under oath or acknowledgment in respect of any such documentary material;
(C) Resolve differences that might arise between CRB and IAOP;
(D) In addition to business meetings necessary to fulfill other responsibilities of the OPAT Commission, it shall convene at minimum four community meetings per year across the Boston neighborhoods for the purpose of informing and updating the community about the work of the OPAT, and being informed by the community on matters of Police transparency, BPD policies and procedures, and other matters of policing in Boston;
(1) At such meetings, the OPAT Commission shall provide a public report on OPAT activities for the quarter, without disclosing personally identifiable information, including, but not limited to:
(a) The disposition of cases referred by OPAT to the CRB and IAOP;
(b) The disposition of CRB cases in which the CRB referred the matter to the Police Commissioner; what discipline, if any, was recommended by the CRB; and what discipline, if any, was implemented by the Police Commissioner;
(c) The number of complaints received, the type of misconduct alleged in those complaints and the investigatory status of those complaints;
(d) The race, ethnicity, gender, sexual orientation (if known) and age of the complainants;
(e) Any practices or policy investigations ongoing or completed, as well as any policy recommendations made pursuant to OPAT’s authority to investigate practices or patterns of behavior and BPD policies; and
(f) Efforts to promote OPAT’s function, availability and processes to the public.
(2) The meetings shall include a public comment period, during which time members of the public may address the OPAT Commission regarding any issue relevant to OPAT’s jurisdiction.
(3) The minutes of each public meeting will be posted online within a reasonable time following such meeting.
(E) The OPAT Commission shall meet with members of the Boston City Council and the Mayor on a semi-annual basis, or more frequently at the request of the OPAT Commission, Boston City Council or the Mayor, to discuss all topics relevant to the jurisdiction of the OPAT. The minutes of each meeting will be posted online within a reasonable time following such meeting;
(F) Adopt rules and regulations consistent with the laws of the commonwealth to carry out the powers and duties of the OPAT Commission and Executive Administration; and
(G) Act in any other manner consistent with this Section.
(CBC 1985 12-17.4; Ord. 2020 c. 7 § 1)
(A) There shall be within the OPAT Commission an administrative arm, to be known as the “Executive Administration” or “OPAT Staff”, under the direction of an Executive Director. The Executive Director shall be appointed by the Mayor, which appointment shall function as an appointment to the Commission for the duration of their employment as the Executive Director. The Executive Director should be a member of the Massachusetts Bar, but shall not practice law while serving their term. The Executive Director should have managerial experience and must reside in the city for their entire term.
(B) The Executive Administration shall house staff necessary to carry out and support the work and purposes of the OPAT, including the Executive Director, a Deputy Director and those technology professionals, investigators, analysts, law enforcement professionals, communications staff, interpretative services specialists, community liaisons and/or mediation professionals deemed necessary by the Executive Director and Commission. OPAT Staff shall perform all investigations required for the work of the CRB and IAOP.
(C) No OPAT Staff shall be current members or employees of any law enforcement agency. To execute OPAT’s substantive responsibilities, OPAT Staff will be employed as municipal employees.
(CBC 1985 12-17.5; Ord. 2020 c. 7 § 1)
(A) The Executive Director shall have the powers of a Department head, except for those powers explicitly conveyed to the OPAT Commission by this Section, and shall be responsible for carrying out the policies and decisions of the Commission.
(B) The OPAT Staff, under the direction of the Executive Director, shall have the power and duty to:
(1) Support and carry out the overall operations of the OPAT;
(2) Provide all necessary staff support to the CRB and IAOP to support and facilitate the work of each;
(3) Receive, review, investigate and make recommendations regarding civilian complaints concerning BPD Officer conduct;
(4) Receive, review, investigate and make recommendations regarding completed Internal Affairs Division investigations concerning BPD Officer conduct;
(5) Create racial equity assessment tools to periodically evaluate current and proposed BPD policies and procedures;
(6) In coordination with the CRB, review and make recommendations to revise or modify existing and proposed BPD policies and procedures;
(7) In coordination with the CRB, review, investigate and make recommendations with regard to allegations of disparate treatment by BPD in recruiting, hiring, promotion, discipline and termination of members of BPD;
(8) In coordination with the CRB, review instances where a BIPOC Officer is disciplined or terminated;
(9) In coordination with the CRB, evaluate alternatives to the civil service examination process;
(10) In coordination with the IAOP, review policies and procedures relevant to the integrity of the complaint and internal affairs process;
(11) Review and analyze FIO data, to identify significant trends, including racial disparities, and areas of concern or success within BPD practices, and publish any findings on a semi-annual basis;
(12) Review and analyze BPD statistics, as listed in Subsection 12-17.16, to identify significant trends, including racial disparities, and areas of concern or success within BPD practices, and publish any findings on a semi-annual basis;
(13) Track and report on the progress of BPD reform goals;
(14) Coordinate with BPD staff to review and provide recommendations related to the selection and implementation of grants;
(15) Conduct independent investigations into any matter or issue related to OPAT’s mission;
(16) Forward any resulting recommendations to the Police Commissioner for review;
(17) Issue publications and results of investigations, including facilitating reporting of information and recommendations from the CRB and IAOP; and
(18) Create and maintain a publicly available website to publish findings and reports of the Executive Administration, CRB and IAOP, and to communicate information related to Police transparency and accountability to the public.
(C) The foregoing powers and duties of the OPAT Staff may be exercised in support of the CRB and IAOP as appropriate, consistent with any regulations or procedures promulgated by the OPAT Commission.
(CBC 1985 12-17.6; Ord. 2020 c. 7 § 1)
OPAT Staff will receive and review complaints and, at the behest of CRB or IAOP, where such complaints present matters appropriate for investigation or for review of Internal Affairs decisions, OPAT Staff will perform the investigatory work necessary for the CRB and the IAOP to resolve civilian complaint and internal affairs issues, respectively. As part of this responsibility, OPAT Staff will draft reports summarizing the findings of its investigations and present its findings to the requesting unit. OPAT Staff will conduct such intake, review, investigation and recommendation as required by this Subsection and by procedures and regulations promulgated by the OPAT Commission.
(A) Receiving complaints.
(1) OPAT Staff shall maintain a system for receiving all complaints concerning the conduct of BPD Officers and employees, the results of BPD Internal Affairs investigations or other issues related to the BPD. OPAT shall accept complaints by mail and in-person at its Office, and where feasible shall designate other locations, such as libraries and youth centers, where complaints may be filed, and shall also create a process for electronic submission of complaints via a secure online portal. OPAT Staff shall ensure that the complaint process is consistent with the City’s Language and Communications Access Ordinance and any city language access plan.
(2) OPAT Staff will record the date that each complaint was received, assign an identifying case number, confirm receipt of the complaint to the complainant and provide a copy of the complaint to the Police Commissioner, the Chief of the Bureau of Professional Standards at BPD and the BPD Legal Advisor. OPAT Staff may redact the complaint and any accompanying documents to prevent the unauthorized release of privileged or protected information pursuant to M.G.L.
(B) Complaint screening and assignment.
(1) OPAT Staff shall review and classify each complaint and recommend one of the following outcomes:
(a) Dismissal;
(b) Referral for mediation;
(c) Out of scope designation;
(d) Referral to CRB; or
(e) Referral to IAOP.
(2) OPAT Staff shall notify the complainant should the complaint be recommended for dismissal or out of scope designation, including reasons why and information about alternative resources. The receipt shall be delivered in the language in which the initial complaint was written.
(3) Where a complainant or the BPD Police-Community Mediation Program declines mediation, or such mediation fails to provide a mediated solution, OPAT Staff will recommend one of the remaining outcomes. If OPAT Staff recommend a complaint for referral to either the CRB or IAOP, such complaint will be promptly referred to the said body, subject to the CRB or IAOP disagreeing that the complaint is appropriate for its review or investigation. OPAT Staff shall provide the OPAT Commission with a record of all recommendations for dismissal or an out of scope designation, and the OPAT Commission may direct an alternate designation for any such complaint.
(C) Investigation. Where a complaint is referred to the CRB or IAOP for review, OPAT Staff shall assemble all materials and perform the investigatory work necessary for such review. OPAT Staff shall draft reports summarizing investigatory findings and present its findings to the CRB or IAOP. Subject to any regulations or policies of the OPAT Commission, OPAT Staff may provide such information to the CRB and IAOP along with the initial referral of a complaint, but subject to either body’s ability to seek additional clarification and investigation.
(1) OPAT Staff shall have the power to investigate, present findings and recommend action regarding complaints by members of the public against uniformed and sworn personnel of the BPD that allege misconduct. OPAT Staff will perform the necessary investigative functions to resolve concerns and complaints about matters related to civilian concerns and complaints for the CRB and Boston Police internal affairs for the IAOP.
(2) OPAT Staff may request that the OPAT Commission issue a subpoena for any testimony or records, documents, papers, books or other evidence related to any matter under investigation, where the OPAT Staff determines that it is otherwise unable to obtain such information necessary to an investigation.
(3) OPAT Staff shall have access to all materials contained in the completed internal affairs files subject to review and any documents appended to civilian complaints, except those documents protected from release by statute.
(4) All investigative materials and reports assembled by OPAT Staff shall be treated by the OPAT Staff as confidential and available only to OPAT Staff subject only to provisions for information sharing established by regulation of the OPAT Commission and the commonwealth’s Public Records Law, being M.G.L. Chapter 66, Section 6A, and Chapter 4, Section 7, Clause 26.
(D) Report on findings. Upon concluding its investigation, OPAT will draft a report summarizing the findings of its investigation. OPAT will present its proposed findings to the CRB following the conclusion of its investigation of civilian complaints and the IAOP following the conclusion of its investigation of internal affairs cases.
(E) Communication of findings. Upon the conclusion of any complaint investigation or review of an Internal Affairs investigation, the OPAT shall communicate all findings or recommendations of the OPAT, CRB or IAOP to the Police Commissioner.
(F) Limitations on investigatory power. No OPAT investigation shall interfere with any criminal investigation. Where an investigation by OPAT Staff may interfere with a criminal investigation, OPAT will seek to avoid such interference by, among other things, staying its investigation until such time as it will not interfere with other authorities or courts with jurisdiction over the matter. Any person appearing before the Commission or OPAT Staff who avails themselves of constitutional guarantees, or any other right provided by law or by a collective bargaining agreement, shall not be punished in any way for availing themselves of such rights.
(G) Timeline for concluding investigations. OPAT Staff shall establish a target timeline for OPAT’s review of complaints, including those reviewed in cooperation with the CRB or IAOP, and shall make the timeline status of each case available online. If OPAT is unable to adhere to its timeline for review, the Executive Director must notify the individuals involved in the complaint.
(CBC 1985 12-17.7; Ord. 2020 c. 7 § 1)
(A) There shall be within the OPAT a Board, to be known as the “Civilian Review Board” or “CRB,” charged with reviewing and investigating certain complaints against the Boston Police Department and its employees. The CRB will consist of nine members who shall be residents of Boston. The Mayor will appoint members based on recommendations from the Boston City Council and Boston community. The Mayor will appoint three members from three nominees per seat submitted by the Boston City Council. The Mayor will appoint six members from a pool of applicants recommended by civil rights advocacy groups, youth organizations, neighborhood associations and those with past experience and knowledge of law enforcement. At least one member of the Board shall be a youth delegate, aged 18 to 21, to represent the voices and lived experiences of young people. Board members must not be current members of law enforcement. The Mayor shall annually designate one member of the CRB to serve as Chair, which designation shall serve as an appointment to the OPAT Commission. The Chair shall have knowledge and expertise relevant to aspects of Police reform or accountability, as well as demonstrated knowledge of how demographic groups are impacted by use of force and field investigation. No person shall be designated as Chair for more than two years consecutively.
(B) CRB members shall each serve a term of three years; provided, however, that of the members first appointed, three shall be appointed for a term of one year, three shall be appointed to a term of two years and three shall be appointed for a term of three years. Thereafter, the Mayor shall appoint each successor for a term of three years. Any vacancy occurring otherwise than by the expiration of a term shall be filled for the unexpired term in the same manner as the position was originally filled. CRB members shall not serve more than two consecutive three-year terms.
(C) Board members may be removed from Office by the Mayor prior to the normal expiration of their term upon a finding by the Boston City Council and Mayor of consistent failures to perform Board member duties or acting in contravention of the Board’s purposes.
(D) Each member will be paid $100 per hour for their service, not to exceed $50,000 per year. Members of the CRB are hereby designated special municipal employees.
(CBC 1985 12-17.8; Ord. 2020 c. 7 § 1)
The Civilian Review Board shall have the power and duty to:
(A) Conduct an independent inquiry or investigation into, and make determinations regarding, complaints made against the Boston Police Department, as set forth in Subsection 12-17.10 below, as appropriate for investigation and review by the CRB;
(B) Review complaints or matters not within the scope of review of the Internal Affairs Oversight Panel;
(C) At the CRB’s discretion, review any instances where a BIPOC Officer is disciplined or terminated and forward any resulting recommendations to the Police Commissioner for review;
(D) At the CRB’s discretion, review, investigate and make recommendations with regard to allegations of disparate treatment by BPD in recruiting, hiring, promotion, discipline and termination of members of BPD;
(E) Periodically evaluate alternative options and/or improvements to the civil service examination process;
(F) Provide timely review of existing or proposed Boston Police Department policies and procedures and provide recommendations for the revisions of those policies and procedures to the Police Commissioner;
(G) Convene all Board members at least once per quarter, but more often at the discretion of the Board;
(H) Access to all materials relative to the complaint, except those documents protected from disclosure by law;
(I) Through OPAT Staff, investigate complaints and request information from any person who may have knowledge of the circumstances of the complaint or matter; and
(J) Make recommendations to the Police Commissioner regarding reviewed complaints or other matters before the Board.
(CBC 1985 12-17.9; Ord. 2020 c. 7 § 1)
The CRB will review and where appropriate conduct investigations into complaints against sworn and civilian members of the Boston Police Department.
(A) Complaints appropriate for review include, but are not limited to, the following:
(1) In-custody death or serious bodily injury while in Boston Police Department custody;
(2) Use of force cases resulting in death or serious bodily injury;
(3) Allegations of excessive use of force;
(4) Allegations of unlawful arrest or stop;
(5) Allegations of perjury;
(6) Allegations of theft;
(7) Allegations of abuse of authority;
(8) Allegations that the conduct of an Officer violated BPD policies regarding the respectful treatment of people, including the Bias Free Policing Policy, and/or that was motivated by discriminatory intent, including, but not limited to, slurs relating to race, expression, sexual orientation and disability; and
(9) Any other complaint deemed appropriate for review by the Board or referred to it for review by OPAT Staff.
(B) In no event shall the inquiry or investigation by the CRB interfere with any criminal investigation by any authority with jurisdiction. Where an investigation by the CRB may interfere with a criminal investigation, the CRB will seek to avoid such interference by, among other things, staying its investigation until such time as it will not interfere with other authorities or courts with jurisdiction over the matter.
(C) In any case where there is no complainant able to initiate a complaint, two-thirds of the nine members of the CRB may vote to authorize an investigation or take such other action they deem appropriate.
(D) The CRB may in its discretion research and investigate issues related to the general mission of increasing transparency, improving training and enhancing accountability of policing in Boston and make recommendations accordingly.
(CBC 1985 12-17.10; Ord. 2020 c. 7 § 1)
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