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(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.
(1) For purposes of investigations, the Commission shall have access to crime scenes and the same access as the Department to investigative materials, including the right to be present at all interviews with witnesses and Department officers. The Department shall timely notify the Commission of all interviews with witnesses and Department officers so that Commission staff may be present.
(2) The Commission shall have the same access as the Department's Internal Affairs and Standards and Accountability Division to all Department files, records, and Department personnel records related to matters within the purview of the Commission. The Commission shall have access to such records and files, including to factual records related to civil litigation involving the City, to enable review for, among other purposes, investigations, policy analysis, and public discipline reporting. This includes direct electronic access to Department databases that store investigative information, as defined by applicable law.
(3) No member of the Board of Commissioners or Commission employee shall have access to files, records and other investigative materials in which such person is a complaining party. 47.4
(4) The Commission may issue and enforce subpoenas and compel the attendance of witnesses or the production of documents and other evidence in support of any investigation as provided in Section 8-409 of the Home Rule Charter.
Notes
| 47.4 | Amended, Bill No. 240330 (approved June 14, 2024). |
(1) Where the Commission finds a complaint to have been substantiated against an officer and discipline should be imposed, or determines based on an investigation not based on a complaint that in its determination discipline should be imposed, it shall promptly notify the Police Commissioner of its finding and recommendation concerning discipline. All such recommendations shall be in accordance with the Department's disciplinary code.
(2) The Police Commissioner shall respond, in writing, within thirty (30) days of receiving such a finding and recommendation, explaining whether the Police Commissioner: 47.5
(a) has imposed or intends to impose the recommended discipline;
(b) has imposed or intends to impose a higher or lower level of discipline; and
(c) requires the Commission to complete further investigation, the reasons for further investigation, and what that investigation entails before making a decision.
Notes
| 47.5 | Amended, Bill No. 240330 (approved June 14, 2024). |
(1) The jurisdiction of the Commission shall include joint participation in the charging and administrative prosecution of all complaints referred to the Police Board of Inquiry ("PBI").
(2) Within one hundred twenty (120) days of the appointment of a quorum of the Board of Commissioners, the Commission and Department shall develop a Memorandum of Understanding regarding the joint exercise of powers before the PBI, which shall include a process for jointly determining the specific violations of the Philadelphia Police Disciplinary Code for which the accused is to be charged, any guilty plea offers or withdrawal of charges and a process for the questioning of witnesses, introduction of exhibits and evidence, and presentation of disciplinary recommendations. 47.6
(4) Publication of notice of the place, date, and time of any PBI hearing the Commission will be engaging in shall be posted on the Commission's website at least seven (7) days prior to the hearing.
(5) An appropriately redacted audio recording or transcript for all complaints prosecuted by the Commission before the PBI shall be retained by the Commission and shall be made available, upon payment of costs, to any person requesting it.
Notes
| 47.6 | Amended, Bill No. 240330 (approved June 14, 2024). |
(1) The Commission is authorized to carry out investigations into the general policies and practices of the Department reasonably related to the mission of the Commission. Such investigations may include, but are not limited to, auditing and monitoring cases, active or completed, that have been investigated by the Internal Affairs Unit, for the purpose of providing recommendations as to the quality of, and best practices pertaining to, investigations.
(2) The Commission may make recommendations to the Department concerning policy, practice, procedure and training matters reasonably related to the mission of the Commission at any time. The Commission shall publish formal recommendations on its website within five (5) days of submission to the Department, as well as provide a written copy to the Mayor and City Council.
(3) The Police Commissioner shall provide a written response to each of the Commission's recommendations within thirty (30) days of receipt, stating whether the Department will accept the recommendations, a description of the action the Department has already taken or is planning to take, and a timeline for implementation. If the Department declines to accept one or more recommendations, a written explanation must be provided. The Department may, in writing, request an additional fifteen (15) days to submit a response to the Commission.
(4) The Chair of the City Council Committee on Public Safety may require the Commission and Police Commissioner to appear at a public hearing to explain and respond to questions concerning any policy, practice, procedure or training recommendations and responses.
(5) The Board of Commissioners shall conduct an annual performance review of the Executive Director and an annual review of the performance of the Police Commissioner with respect to the manner in which the Police Commissioner publicly addresses matters related to the mission of the Commission. The Board of Commissioners shall determine the criteria for evaluating the Executive Director’s and the Police Commissioner’s job performance and communicate those performance criteria, in addition to any other job performance expectations, to the Executive Director and the Police Commissioner. Such review may include solicitation of voluntary input from individuals and officials who are familiar with the Executive Director’s or the Police Commissioner’s job performance. The written annual performance review of the Police Commissioner will be posted publicly by the Commission annually on its website. 47.7
(6) The Commission shall annually review the Mayor's proposed budget to determine whether budgetary allocations for the Department are aligned with the Department's policies, procedures, practices, and priorities concerning matters within the mission of the Commission.
Notes
| 47.7 | Amended, Bill No. 240330 (approved June 14, 2024). |
(1) Except with respect to complaints addressed in subsections 21-1205(3), all complaints about conduct of police officers received by the Department or any other City agency shall be forwarded to the Commission.
(2) Nothing in this Chapter shall prohibit the Police Commissioner or a commanding officer from investigating the conduct of an officer under his or her command, nor shall anything in this Chapter prohibit the Police Commissioner from taking disciplinary or corrective action in any matter.
(3) It shall be the duty of every officer, employee, department, and agency of the City to cooperate with the Commission in an investigation undertaken pursuant to this chapter. The Police Commissioner shall order all officers to cooperate with an investigation with the Commission.
(4) A refusal to cooperate, and/or relating false or misleading information to the Commission, upon a lawful request by the Commission, shall be considered a violation of this Chapter. Any employee or appointed officer of the City or law enforcement agency who violates any provision of this chapter may be subject to discipline, in accordance with the standards of discipline of the department or agency.
(5) The Commission may bring a charge of refusal to cooperate and/or relating false or misleading information to the Commission to the Police Commissioner with a recommendation for discipline pursuant to the Department's disciplinary code.
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