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(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)
(A) There shall be within the OPAT a Board known as the “Internal Affairs Oversight Panel”, or “IAOP”, charged with reviewing completed investigations of the Boston Police Department’s Internal Affairs Division. The IAOP will consist of five members appointed by the Mayor to terms of three years, not to exceed two consecutive terms. Terms shall be staggered to ensure that at least two members have 18 months of service. The Mayor will appoint members from a pool of applicants, preferably licensed attorneys, with experience in civil rights advocacy, youth advocacy and those with past experience and knowledge of law enforcement. The Mayor will appoint two members from three nominees per seat submitted by the Boston City Council. The current members of the IAOP established by executive order shall be the initial members of the IAOP and shall serve the remainder of their current terms, with vacancies to be filled in accordance with this Section. Members of the IAOP must be residents of Boston.
(B) The Mayor shall annually designate one member of the IAOP 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.
(C) Panel 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 Panel member duties or acting in contravention of the Panel’s purposes.
(D) Each member will be paid $100 per hour for their service, not to exceed $50,000 per year. Members of the IAOP are hereby designated special municipal employees.
(CBC 1985 12-17.12; Ord. 2020 c. 7 § 1)
The IAOP will have the following powers and duties:
(A) Provide external oversight of Boston Police internal affairs investigations for thoroughness and fairness;
(B) Periodically review policies and procedures and provide a report to the Mayor and the Police Commissioner on the integrity of the complaint and internal affairs process;
(C) Convene all IAOP members at least once per quarter, but more often at the discretion of the IAOP;
(D) Produce an annual report to the Mayor and the Police Commissioner documenting cases reviewed and the outcome of the IAOP’s review for each case;
(E) To review completed cases of the Boston Police Department’s Internal Affairs Division (“IAD”);
(F) To have access to all materials in the completed internal affairs files, except those documents protected from disclosure by law;
(G) To make recommendations for further investigation or clarification to OPAT Staff or the Chief of the Boston Police Department’s Bureau of Professional Standards; and
(H) To make recommendations to the Police Commissioner regarding reviewed cases.
(CBC 1985 12-17.13; Ord. 2020 c. 7 § 1)
The IAOP will review the following categories of cases:
(A) All completed internal affairs cases at its discretion, or by referral of the Police Commissioner or Boston City Council, and without limitation to the nature of the allegation or the number of cases reviewed: in exercising its discretion to review cases, the Panel shall review a random sample of not sustained, exonerated or unfounded complaints; and
(B) All completed internal affairs cases with not sustained, exonerated or unfounded findings appealed by complainants who allege that the investigation of their complaint was either unfair and/or not thorough.
(CBC 1985 12-17.14; Ord. 2020 c. 7 § 1)
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