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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)
(A) For cases in category a of Subsection 12-17.14, the intake process is as follows:
(1) The following categories of cases will be automatically referred by IAD for review within 14 days of a finding of not sustained, exonerated or unfounded:
(a) In-custody death or serious bodily injury while in Boston Police Department custody;
(b) Use of force cases resulting in death or serious bodily injury;
(c) Allegations of excessive use of force;
(d) Allegations of unlawful arrest or stop;
(e) Allegations of perjury;
(f) Allegations of theft;
(g) Allegations of abuse of authority;
(h) 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
(i) Any other case deemed appropriate for review by the Police Commissioner or the Chief of the Bureau of Professional Standards.
(2) The IAOP, in its discretion, may request to review any case or group of cases, and in addition shall request that a random sample of cases be referred to it in whatever percentage of closed cases it shall designate, in its discretion from time to time.
(3) The individuals involved in the internal affairs case will receive notification that will include, inter alia, the date received by OPAT Staff, an identification number and information regarding the time track to which the case is assigned.
(B) For cases in Subsection 12-17.14(B), the review process is as follows.
(1) Notification of the final determination of an internal affairs case will be sent to the complainant by the Commander of IAD. If the Police Commissioner’s finding is not sustained, exonerated or unfounded, the complainant will be informed of their ability to file an appeal of the finding with the IAOP, along with information about how and where to file.
(2) A complainant seeking to file an appeal to the IAOP must file an appeal with OPAT Staff in writing within 14 days of the date the notification of the finding from IAD is mailed. If the appeal is sent via mail, the appeal must be postmarked within 14 days from the notification of the finding from IAD is mailed.
(3) The individuals involved in the internal affairs case will receive notification that will include, inter alia, the date received by OPAT Staff, an identification number and information regarding the time track to which the case is assigned.
(C) For all cases, once received by the IAOP, the review process is as follows.
(1) Following the review of an internal affairs investigation, the Panel will deliberate and make one of the following findings:
(a) Agree with the internal affairs findings;
(b) Disagree with the internal affairs findings; or
(c) Refer the case to IAD for further investigation or action.
(2) Any findings and conclusions of the IAOP will be made by a majority vote of the full five member Panel. Said findings will be provided to the Mayor, the Boston City Council and the Police Commissioner within a period of ten business days from the date of the vote.
(3) If the Panel agrees with the internal affairs findings, the Panel must submit its findings to the Police Commissioner, the Chief of the Bureau of Professional Standards, the Legal Advisor for the Boston Police Department and the named Officer(s).
(4) If the Panel disagrees with the internal affairs findings, the appeal will be referred to the Police Commissioner.
(5) If, pursuant to procedure defined above, the Police Commissioner determines that a case was investigated fairly and thoroughly, the Police Commissioner will notify the Panel, the Chief, the Legal Advisor and the named Officer(s).
(6) OPAT Staff will notify the complainant of the determination made by the Panel or the Police Commissioner. All notifications made to the complainant must be sent by certified mail, return receipt requested.
(7) OPAT Staff will maintain all case files for the IAOP. The case files will be treated as confidential and will be reviewed only by OPAT Staff and the IAOP. Except as required by law, such case files will not be duplicated or available for inspection by the public, and OPAT Staff must return all case files to IAD within 14 days of the final determination.
(8) The IAOP, consistent with any rules or regulations of the OPAT Commission, shall, in conjunction with OPAT Staff, establish a target timeline for the IAOP’s review of appeals and shall
publicize the timeline status of each case. If the IAOP 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 12-17.15; Ord. 2020 c. 7 § 1)
(A) Semi-annual reports. The OPAT will publish semi-annual reports and make the reports available to the public on its website. The semi-annual reports will include: OPAT’s findings of its reviews and analyses of FIO data and BPD statistics; findings related to disparate treatment, discipline or termination of BIPOC Officers, in conjunction with the CRB; summary and results of reviews of BPD policies and procedures; summary and results of evaluations of alternatives to the civil service examination process; summary and results of reviews of grant selection and implementation; citizen complaint determinations, in conjunction with the CRB; and the results of reviews of completed Internal Affairs investigations, in conjunction with the IAOP.
(B) Annual report. The Executive Director shall also make an annual report to the Mayor and Police Commissioner documenting the work of the OPAT, CRB and IAOP for the year. This report shall be filed with the Boston City Council.
(C) Public reporting of complaints. Information about complaints received by OPAT shall be published on a monthly basis and in a disaggregated manner to protect personally identifiable information, including:
(1) The number of complaints it receives;
(2) The race, ethnicity, gender, sexual orientation (if known) and age of the complainants;
(3) The precincts and neighborhoods in which the misconduct is alleged to have taken place;
(4) The basic facts of complaints (with personally identifiable information redacted);
(5) The disposition of each complaint;
(6) The recommended discipline, if any, for each complaint;
(7) The discipline issued, if any, for each complaint; and
(8) Any other information the Board shall determine is relevant or appropriate to carry out its duties and responsibilities.
(D) Public reporting of BPD Statistics. OPAT shall request from the BPD and publish on a monthly basis, in accordance with all applicable governing laws, rules and regulations, the following:
(1) The number of stops made by BPD Officers during the previous period, including such disaggregated data that OPAT Commission may deem relevant;
(2) The number of use of force incidents by the BPD during the previous period, including such disaggregated data that the OPAT Commission may deem relevant;
(3) The number of arrests made during the previous period, including such disaggregated data that the OPAT Commission may deem relevant; and
(4) The amount of money the city expended in settlements or judgments to resolve tort, civil rights or other legal claims filed against the BPD, as well as the basic facts associated with those claims to the extent permitted by law or not otherwise restricted from disclosure.
(E) OPAT website. OPAT will create and maintain a publicly accessible website to publish its semi-annual and annual reports, OPAT’s rules and procedures, case timelines, progress on various BPD reform goals, reporting of complaint information, reporting of BPD statistics, meeting minutes and any other information at the discretion of the Executive Director. Information published on OPAT’s website shall be made available in compliance with the City’s Language and Communications Access Ordinance and in an electronic format not only accessible via a computer.
(CBC 1985 12-17.16; Ord. 2020 c. 7 § 1)
(A) BPD training of CRB and IAOP. Upon appointment to the CRB or IAOP, each Board member shall attend a three- to four-day training by the BPD, tailored specifically for each entity, that shall include the following, but not be limited to: all policies, protocols and practices for arrests, bookings, special investigation units, internal affairs, Officer-involved shootings, use of force policies, training policies and Academy, crisis intervention teams, firearms, explosives and SWAT. Upon appointment, CRB and IAOP members shall also attend:
(1) Training provided by outside legal counsel including, but not limited to, the commonwealth’s Attorney General’s Office, Suffolk County District Attorney’s Office and/or a relevant bar association on the issues of abusive language, false arrest, false imprisonment, harassment, use of excessive force, serious bodily injury, Police-involved firearm discharge investigations and Police-involved shooting fatality investigations;
(2) Training in civilian oversight through the National Association for Civilian Oversight of Law Enforcement (“NACOLE”) or equivalent programs that meet NACOLE’s recommended training for board and commission members; and
(3) Any additional training the OPAT Commission determines to be relevant.
(B) Additional training. Each CRB and IAOP member and OPAT staff will undergo annual training necessary to fulfill the responsibilities set forth herein, including, but not limited to: specific allegations and complaints that are the subject of OPAT’s oversight responsibilities; unconscious bias, anti-racist and racial equity training including Boston specific historical context; community organization and outreach; and other relevant diversity and inclusion initiatives.
(C) BPD manual; Board procedures. All BPD Police Officers and BPD staff will receive an explanation of OPAT’s existence, purpose and procedures, which will be included in a bulletin or manual of rules and procedures. Such explanation will be included in a training program whether in connection with existing training programs or in an additional program to be created by BPD in partnership with the OPAT Commission.
(CBC 1985 12-17.17; Ord. 2020 c. 7 § 1)
(A) The Boston Police Department has implemented the Police-Community Mediation Program. This program serves as a voluntary alternative to the formal complaint process, and will be available to those Officers and complainants involved in less serious incidents. The Police Commissioner, or his or her designee, determines which complaints are appropriate for the Complaint Mediation Program. The Executive Director shall designate an employee to serve as a liaison to the Police-Community Mediation Program. Whenever OPAT Staff determines that referral for mediation is an appropriate course of action for any complaint filed with it, the designated liaison shall contact both complainant and the Police-Community Mediation Program in order to inform them of the opportunity to mediate and facilitate the initiation of mediation at the election of the complainant. Where a complainant elects not to participate in mediation, OPAT Staff shall recommend dismissal, out of scope designation, referral to IAOP or referral to CRB.
(B) Nothing in division (A) above shall prevent the OPAT from establishing a voluntary mediation program to mediate resolutions of complaints.
(CBC 1985 12-17.18; Ord. 2020 c. 7 § 1)
If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Section, which shall remain in full force and effect.
(CBC 1985 12-17.19; Ord. 2020 c. 7 § 1)
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