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(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)
(A) Any person may file a complaint with OPAT Staff concerning the conduct of sworn or civilian personnel of the BPD. Complaints must include a summary of the allegation(s), the name if known of the individuals being complained of and the contact information of the complainant.
(B) Matters that are the subject of complaints the CRB reviews under Subsection 12-17.10 will be investigated through OPAT Staff in accordance with the protocols, rules and procedures adopted by the OPAT Commission. The CRB can adopt additional policies and procedures for its investigation and review consistent with any regulation of the OPAT Commission. Any such rules and procedures shall include the right to representation by counsel by the complainant and any BPD personnel, and shall not purport to eliminate any rights established by collective bargaining agreement or by law. Any such rules and procedures shall also allow complainants to be provided an interpreter if needed upon reasonable request or be accompanied by an interpreter of their choice.
(C) Following the investigation and review of a complaint, the CRB will deliberate and make one of the following findings:
(1) Sustained;
(2) Not Sustained;
(3) Exonerated;
(4) Unfounded; or
(5) Information inquiry or insufficient evidence to make a finding.
(D) Any findings of the CRB will be made by a two-thirds vote of the full nine member Board and voting will be conducted in public. All findings will be provided to the Mayor, the Boston City Council and the Police Commissioner within a period of three business days from the date of the vote.
(E) If the CRB makes a sustained finding, the Board shall also make disciplinary recommendations based on the Board’s findings of fact and consistent with a matrix and guidelines. The discipline matrix and guidelines shall act as safeguards to ensure the consistent application of discipline and should include aggravating and mitigating factors. The discipline matrix and guidelines should be developed by the Police Commissioner. Should the Police Commissioner choose not to implement the disciplinary action recommended by the CRB, the Police Commissioner shall notify the CRB of the implemented disciplinary action and detail the reasons the recommendation was not accepted.
(F) All determination outcomes must be published without modification or approval of any city employee or other body.
(G) OPAT Staff will notify the complainant of the determination made by the CRB. All notifications made to the complainant must be sent by certified mail, return receipt requested.
(H) The CRB, consistent with any rules or regulations of the OPAT Commission, shall in conjunction with OPAT Staff establish a target timeline for the CRB’s review of complaints and shall publicize the timeline status of each case. If the CRB is unable to adhere to the timeline for review set forth above, OPAT Staff shall provide timely notification of that fact to the individuals involved in the complaint.
(CBC 1985 12-17.11; Ord. 2020 c. 7 § 1)
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