(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). |