(2) The Commission is an oversight agency designed to ensure the just, transparent, and efficient administration of criminal justice in Philadelphia through fair and timely investigation into and oversight of conduct, policies, and practices of the Police Department and its officers. The Commission shall have the powers and duties set forth below with the primary purpose of prevention and reduction of crime by increasing transparency and accountability of Police Department functions; improving police conduct; enhancing the quality of internal investigations; and increasing communication and engagement between the community and the Police Department regarding the apprehension, prosecution, and rehabilitation of accused persons or criminal offenders. As a criminal justice agency under 18 Pa. C.S. § 9102, the Commission's powers and duties shall be an integral aspect of the administration of criminal justice in the City, acting in support of all criminal justice agencies thereof.
Notes
| 44 | Bill No. 210074 did not provide a caption for this section; caption added by Code editor. |
In this Chapter, the following definitions apply:
(1) Complaint. A complaint of misconduct made by any person against any officers(s) of the Philadelphia Police Department, regardless of whether the misconduct occurred on or off duty, and not otherwise limited by any requirement of residency.
(2) Internal Affairs Division. The units and employees encompassed by the Office of Professional Responsibility within the Philadelphia Police Department responsible for investigating misconduct by employees of the Philadelphia Police Department.
(3) Leadership position. This term refers to Department-identified leadership positions, as well as positions of authority within specific or specialized Department units, such as Districts, Narcotics Bureau, Internal Affairs, and Patrol Operations, and includes, but is not limited to, the ranks of Captain, Staff Inspector, Inspector, Chief Inspector, Deputy Police Commissioner, First Deputy Police Commissioner, and Police Commissioner.
(4) Officer. Refers to a sworn member of the Philadelphia Police Department.
Notes
| 44.1 | Added, Bill No. 240330 (approved June 14, 2024). |
| 44.2 | Added, Bill No. 240330 (approved June 14, 2024). |
(1) Composition. The Board of Commissioners shall consist of nine members selected by a Selection Panel, subject to Council confirmation.
(2) Qualifications. Members of the Board of Commissioners shall meet the following requirements.
(a) Members must be residents of the City.
(b) Members shall demonstrate independence, commitment to enhancing the integrity and performance of law enforcement officers, commitment to the improvement of law enforcement, the criminal justice system and public safety, and commitment to the well-being of the citizens of Philadelphia.
(c) Members must reflect the diversity of the population and geography of the City. No two nominees shall reside in the same section of the City, as determined by police district.
(d) Members may not be, within the five years prior to appointment: (.1) a sworn employee of the Department; or (.2) a member of a union that represents a municipal or state police department. 45
(3) Terms of Service. Except for initial appointments, all members shall serve for four years. Four members shall be appointed initially for two-year terms and five members shall be appointed initially for four-year terms. All initial terms shall begin on the date the first member is confirmed for service. No member shall serve for more than two consecutive four-year terms.
(4) Selection Panel. Upon adoption of this Chapter into law, and as provided in subsection (6) (“Expiration of Terms and Vacancies”), two members of a Selection Panel shall be appointed by the Mayor and three members shall be appointed by the Council.
(a) Qualifications of the Panel. Members of the Selection Panel must have an established background in civic and community engagement and must be residents of the City. Members may not be: (.1) a current or former sworn employee of the Department; or (.2) a current or former member of a union that represents a municipal or state police department. 46
(b) Upon appointment of a quorum of panel members, the panel shall solicit applications from individuals seeking to serve on the Board of Commissioners. The Panel shall receive administrative support for its work from such agency as may be designated by the Mayor.
(c) The Selection Panel shall interview applicants of its choosing who, based on a threshold review, best meet the qualifications to serve on the Board of Commissioners. The Panel shall also conduct a proceeding in a public setting that will allow for public comment with respect to proposed nominees.
(d) The Panel shall solicit and obtain such background checks and reviews of candidates as it deems appropriate.
(e) Within 90 days of establishment of a quorum of the Panel, the Panel shall select a proposed slate of members of the Board of Commissioners to fill any unfilled seats or vacancies on the Board of Commissioners and shall forward the proposed names to City Council.
(5) Council Confirmation. Council shall vote upon confirmation of any such proposed members. If a member is disapproved by Council, the Selection Panel shall propose an additional member.
(6) Expiration of Terms and Vacancies. No less than ninety days before the expiration of a term of a member, or upon a vacancy on the Board of Commissioners, the Commission shall notify the Mayor and the Chief Clerk of Council of the need to appoint a Selection Panel for the purpose of filling the seat on the Board of Commissioners. Members of the Board of Commissioners shall serve as holdovers until the member’s successor is confirmed.
(7) Removal. Members of the Board of Commissioners shall be disqualified from service based on a post-appointment conviction for a felony; non-residency; or a determination by the Philadelphia Commission on Human Relations, or a similar body, of a violation of the City’s Fair Practices Ordinance, or a similar law. Members may be removed for cause: (a) by Council resolution, at the suggestion of Council, the Mayor, or the Board of Commissioners; or (b) by resolution of the Board of Commissioners that sets forth the grounds for removal and is provided promptly to the Clerk of Council and the member who is the subject of the resolution, unless Council shall vote to supersede such resolution at or before Council’s first regularly scheduled meeting occurring no less than twenty days after the resolution is adopted. Cause for removal includes, but is not limited to, misconduct, inability or failure to perform required duties or obligations, post-appointment conviction for a felony, or a substantial violation of City or Commonwealth ethics laws. The member shall have the opportunity to be heard on any such resolution, notice of which shall be provided to the member.
(7.1) Suspension. The Board of Commissioners may by resolution suspend a member from all regular business of the Board of Commissioners, including prohibiting the member from participating at meetings and receiving information otherwise shared with members: (a) during the pendency of an internal investigation where there are reasonable grounds to believe there may be cause for removal pursuant to Subsection 21-1203(7), for a period of up to 90 days; or (b) if the Board of Commissioners adopts a resolution to remove the member pursuant to Subsection 21-1203(7)(b), until such time as Council may act to supersede the resolution.
(8) Election of Officers. Upon establishment of an initial quorum, the members of the Board of Commissioners shall select a Chair, Vice-Chair and such other officers as determined by the Board of Commissioners and shall reselect such officers every four years thereafter.
(9) Training. The Commission will develop and implement a training program for members of the Board of Commissioners with input from other criminal justice partners, such as the Department, the District Attorney’s Office, the Law Department, the Defender Association and community and civil rights organizations. The curriculum will include, but not be limited to, federal and state constitutional law; Philadelphia Police Department directives, policies, and procedures; contemporary best practices and evidence-based training for police and for civilian oversight of law enforcement; the Commission’s policies and procedures; and other areas the Commission determines relevant.
(10) Prohibited Activities. Members of the Board of Commissioners may not seek or hold a position as an appointed or elected public official within the Commonwealth. In addition to all other applicable ethics provisions of the Home Rule Charter and The Philadelphia Code, no member of the Board of Commissioners shall make any financial contribution to any candidate for, or incumbent of, a political office of the City. 47
(11) The Board of Commissioners shall hold meetings twice a month and shall maintain video recordings of all open sessions on its website. The Board of Commissioners shall also conduct public hearings on the Department’s policies, practices and procedures related to officer conduct and discipline, and the budget of the Department as it relates to such issues, at such times as deemed necessary, and shall forward to the Council any budgetary recommendations.
(12) The Commission may enter into agreements with City and other governmental agencies regarding implementation of this Chapter.
Notes
| 44.3 | Caption and Section amended, Bill No. 240330 (approved June 14, 2024). |
| 45 | Amended, Bill No. 210680 (approved January 18, 2022). |
| 46 | Amended, Bill No. 210680 (approved January 18, 2022). |
| 47 | Amended, Bill No. 220736 (approved March 15, 2023). |
(1) The Board of Commissioners shall appoint and determine the compensation of an Executive Director, who shall be responsible for the direction and management of day-to-day operations of the Commission and who shall satisfy the following minimum qualifications: 47.1
(a) A commitment to the improvement of policing within the City.
(b) Leadership and management skills.
(c) Knowledge of relevant law and law enforcement practices.
(d) Experience and expertise in conducting or supervising investigations.
(e) Integrity, independence and professionalism.
(f) The ability to serve diverse constituencies including, but not limited to, people of all races, ethnicities, ages, immigrant or citizenship status, genders, sexual orientation, or gender identification; law enforcement; members of the press; and elected officials.
(2) The Executive Director shall not be a current or former sworn employee of the Department; a current or former member of a union that represents a municipal or state police department; or a current officer of a political party.
(3) The Executive Director shall have the authority to hire staff, including associate counsel, and enter into contracts for the Commission. The Executive Director shall consider cultural competency and language access needs when establishing criteria for hiring staff.
(4) Chief Counsel. The Board of Commissioners shall appoint and set the compensation of a Chief Counsel to act on its behalf in connection with the Commission carrying out all investigatory, advisory and other matters consistent with the duties set forth in this Chapter, and may consult or retain additional counsel for such purposes. 47.2
Notes
| 47.1 | Amended, Bill No. 240330 (approved June 14, 2024). |
| 47.2 | Amended, Bill No. 240330 (approved June 14, 2024). |
(1) The Commission shall receive, register and initially evaluate all complaints made against members of the Department, whether made by citizens, employees of the Department or other government employees.
(2) The Commission shall conduct investigations into such complaints as it determines in its discretion, except as provided in subsection (3) below.
(3) The Commission shall not investigate:
(a) Complaints involving violations of the City’s internal EEO policies, including claims of harassment, intimidation, retaliation or abuse of City employees or applicants for City employment because of race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information, domestic or sexual violence victim status, or other legally protected status. In all instances such complaints shall be referred to the Employee Relations Unit of the Department of Labor. 47.3
(b) Complaints of Department employees involving purely internal employment matters, such as assignment of overtime, work duty assignments, and other similar matters that do not concern allegations of abuse, corruption, intimidation, harassment or allegations of threat to the integrity of the criminal justice process.
(4) The Commission shall provide relevant information of complaints made to the Commission as follows:
(a) The Commission shall provide to the Department information concerning all complaints made against Department officers and employees and shall identify those complaints with respect to which the Commission intends to carry out an investigation.
(b) The Commission shall refer complaints concerning EEO matters addressed in subsection (3)(a) to the Department of Labor.
(c) The Commission shall share complaints with the District Attorney, Inspector General, the Board of Ethics and any other appropriate City or other law enforcement or governmental agency as it deems appropriate.
(5) The Commission shall develop cooperative agreements with the Department, the District Attorney, the Department of Labor, the Inspector General, and any other appropriate agency for the management of dual investigations and overlapping investigations in which a matter may fall within the purview of one or more such agencies, in addition to that of the Commission.
(6) Nothing in this Chapter shall preclude the Commission from receiving a referral or information from any federal, state or local law enforcement, or other governmental, agency. Nothing in this Chapter shall preclude the Commission from investigating matters within its purview concurrently with an active criminal investigation.
Notes
| 47.3 | Amended, Bill No. 240330 (approved June 14, 2024). |
(1) The Commission shall have the authority to conduct investigations, and where appropriate, recommend charges and discipline, concerning the following conduct of Police officers, without regard to whether a specific complaint of misconduct has been made:
(a) All incidents suggesting violations of the 4th Amendment to the U.S. Constitution and/or Article 1, Section 8 of the Pennsylvania Constitution relating to improper search and seizure;
(b) All incidents of Police use of force, including the use of Electronic Control Weapon (ECW)/Taser, or the use of any other weapon or instrument applied with force;
(c) All incidents involving the discharge of a firearm;
(d) All injuries of people that occur while they are detained by or in the custody of the Department;
(e) All incidents that involve injuries arising from police action, including, but not limited to, efforts to subdue and apprehend an individual suspected of suspects;
(f) Any incident where an officer is involved in the death of another person;
(g) All misconduct during the investigation of a matter, such as allegations of lying to Commission, during the course of an investigation within the authority of the Commission;
(h) All policies or practices of the Department reasonably related to the mission of the Commission.
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