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HomeMy WebLinkAboutReport of the Mayor's Task Force on Police-Community Relations 1992.1 MEMO TO: Mayor Nichols and the Ithaca Common Council FROM: THE MAYOR'S TASK FORCE ON POLICE-COIIIMUNITY RELATIONS SUBJECT: Report of the TASK FORCE DATE: October 19, 1992 At a rally on the Commons and at two community meetings held in May and early June, 1992 at the Southside Community Center, a broad spectrum of community residents expressed various concerns about police-community relations. During the final community meeting, the participants developed the following list of six suggestions to improve police-community rela- tions: "(1) acknowledge "double standard" (racism) in police behavior; (2) provide sensitivity training to all officers; (3) establish a mentor prog- ram between cops and kids; (4) order racially abusive officers to perform community service in Southside; (5) change the rules that govern the Police Review Board; and (6) change the jury selection process. " This list was incorporated into a letter to the Mayor which was read into the record at a later meeting of the Common Council. In June, the Mayor created the TASK FORCE ON POLICE-COMMUNITY RELA- TIONS and charged the Task Force with researching and making recommenda- tions to the Mayor and Common Council for ways to improve Police-Community relations in Ithaca. The work of the Task Force was organized in the form of a Steering Committee and four working committees: the Jury Selection Committee; the Police-Community Involvement Committee; the Police-Community Relations Training Committee (first designated the Police Sensitivity Training Committee) ; and Community-Police Board Committee. The Steering Committee was chaired by Alvin Nelson and consisted of the Chairs of each of the Task Force's four working committees, the Presi- dent of the Police Benevolent Association, the Chair of the Community- Police Board, the Chair of the Human Services Committee of Common Council, and two ex-officio members, the Mayor and the Chief of Police. Later the Steering Committee voted to add two students, who attended some of the meetings. The two ex-officio members of the Steering Committee may provide additional comments on the work of the TASK FORCE under separate cover. Membership on the working committees was open to all interested mem- bers of the community and the Police Force who were willing to participate in the work of the committees. The list of members of the Steering Commit- tee and each of the four other Committees is attached as appendix A. The Steering Committee and most of the other Committees met weekly throughout the Summer months, September, and into October in order to discharge their responsibilities. The Steering Committee wishes to commend the members of the working committees for the time and effort they have expended in service to the Ithaca community. The Steering Committee is pleased to present the enclosed reports as prepared by each of the four Task Force Committees, and the Steering Com- mittee's recommendations regarding each of the reports. The Steering Committee unanimously endorses the recommendations of the Jury Selection Committee. It requests Common Council recommend to the Tompkins County Board of Representatives that it take appropriate steps to implement them. The Jury Selection Committee recommendations include: (1) expanding the master list from which prospective jurors are selected to include the widest possible representation of Tompkins County residents; (2) emphasizing the legal obligation to complete and return the question- naire sent to all possible jurors; (3) directing anyone who fails to com- plete and return the questionnaire to appear at Court for determination of their qualification to serve on a jury; (4) developing and implementing written standards for excusing jurors from service and for granting jurors permission to postpone their jury service; (5) using a stratified random sampling technique to include African-American residents in jury pools in proportion to their percentage of the county population; and (6) calling for state legislation, if necessary, to implement the above recommenda- tions. The Steering Committee unanimously endorses and requests Common Coun- cil adopt and take appropriate steps to implement the recommendations of the Police-Community Involvement Committee. The Police-Community Involve- ment Committee recommends: (1) expanding the Community Policing project recently begun by the Ithaca Police in the Southside Community; (2) that the Ithaca Police invite city residents, especially Southside residents, ages 15 and over, to participate in a Ride-Along program; (3) implementing a P.E.E.R. (Police Efforts to Enhance Relations) program at the Southside Community Center to increase positive interactions between police and children ages 7 through 14 during variety of program activities; and (4) holding an annual Ithaca City Field Day for police officers and youth. The Steering Committee unanimously endorses and requests Common Coun- cil adopt and take appropriate steps to implement the plans of the Police- Community Training Committee. The Police-Community Training Committee recommends: (1) that the City organize and conduct a community forum on "Know Your Rights" annually; (2) supporting the expansion of Community Policing program; (3) providing high quality training to police officers assigned to Community Policing before they commence their new duties; and (4) that community lay advocates be involved in police-community presenta- tions and forums. Final recommendations from this working committee are pending the results of surveys of police officers and the community and will be forwarded after completion and review by the Steering Committee. 2 t I The Steering Committee took the following three separate actions on the report of the Community-Police Board Committee. First, the voting members of the Steering Committee unanimously en- dorse recommendations number II through XIV contained in the report of the Community-Police Board Committee and requests Common Council action to implement these recommendations. The 13 specific recommendations can be summarized by the following: (1) make modifications to the structure of the Board, the method for selecting and removing and information provided to prospective Commissioners; (2) make changes in the procedures the Board uses for investigating citizen complaints and enhancements to currently available information about the Board; (3) locate support services for the Community-Police Board in an office outside the Police Department; and (4) increase reporting to complainants regarding action taken on complaints, and to the Common Council and the community regarding Board activities, findings, recommendations, and other actions. In addition, the Steering Committee agrees that the police department can be added to the list of community organizations that may participate in the training of lay advocates per recommendation XI. Second, the Steering Committee, by majority vote, recommends the name of the Community-Police Board be changed to Citizen's Commission on Com- munity-Police Relations. A minority endorse the recommendation of the working committee that the name be changed to Citizen's Commission on Com- munity Relations. Third, the majority of the Steering Committee support the Committee's recommendation number XV that the City Attorney explore the feasibility of providing the Commission with the assistance of an independent investigator and requests Common Council adopt the recommendation. A minority expressed strong opposition to this recommendation. To oversee the implementation of the above recommendations and to coordinate the continuing work of the committees, the Steering Committee will continue its activity until February 28, 1993. Police-Community Relations Task Force STEERING COMMITTEE Alvin Nelson (Coordinator) Irene Stein Clayton Hamilton Richard Williams John Johnson Gerald Dumay (Student) Amy Lewis Jose Montanez (Student) Drew Martin Police Chief Harlin McEwen (Ex- Marilyn Ray Officio) Sara Shenk Mayor Ben Nichols (Ex-Officio) 3 • • Police-Community Relations Task Force JURY SELECTION COMMITTEE Benjamin Darden Assisted by: Charles Guttman Nick Celia Marilyn Ray James Kerrigan Irene Stein (Chair) POLICE-COMMUNITY INVOLVEMENT (MENTORING) COMMITTEE Darrell Barrett Belinda Hughes Marlon Byrd Sandy Larkin Nick Celia Amy Lewis(Chair) Frances Eastman Vern Smith John Efroymson David Speller Ron Gilliam Pete Tyler Kathryn Gillern Arthur Watkins Randy Haus POLICEICOMMUNITY TRAINING COMMITTEE Laura Branca(Vice Chair) Hope A. Hart Kirby Edmonds Marie Johnson Neil H. Golder Barry Langerlan Kenny Grant Ed&Camilla Lisbe Ellen Grimm Dede Lobe Shauna Guidici Kris Miller Clayton Hamilton (Chair) COMMUNITY-POLICE BOARD COMMITTEE Birthe K. Darden Irene Stein John Johnson Cynthia Telfair John Marcham (Chair#2) Gregg A. Thomas Marilyn Ray (Chair#3) Lillie Tucker Alfredo Rossi Richard Williams(Chair#1) Sara Shenk S (Appendix A) Report and Recommendations of the Committee on Jury Selection The Committee on Jury Selection has reviewed the law and current practice regarding the preparation of the lists of prospective jurors and the manner in which prospective jurors are selected from those lists. The Committee sees several problems that currently exist. As a result of these problems the pool at a trial of prospective jurors does not adequately reflect a cross- section of the community. The creation of a pool of prospective jurors is a multi-step process. Originally a master list is created. This list currently • includes registered voters, motor vehicle lists, income tax payers and people who volunteer to be on jury lists. The Committee believes that this original master list should be as inclusive as possible and believes that at present a significant number of people, and in particular, certain classes of the population specifically lower income and/or minorities, are systematically under-represented on this master list. The Committee recommends that the original master list of prospective jurors referred to in Section 506 of the Judiciary Law be made up of not only the lists which are currently used but also additional lists including but not limited to names of parents and guardians of school children obtained from the school district.; names of students over the age of eighteen ( 18) obtained from the school district and local colleges and universities; lists of people paying utility bills; and such other lists as the Commissioner of Jurors may be able to obtain. In particular, the Commissioner of Jurors should also attempt to obtain a list of individuals obtaining unemployment and social services benefits. The next step in creating the pool of prospective jurors is to mail out jury questionnaires . The Committee recommends that the Jury Commissioner shall make sure that all persons on the master list of prospective jurors is mailed a jury questionnaire. Currently, anyone who does not return the questionnaire is eliminated from the pool of prospective jurors . A problem is that the response rate to the questionnaires is significantly below fifty percent (50%) . Section 509 of the Judiciary Law provides that the person to whom the questionnaire is mailed shall complete and sign it and return it to the Commissioner. The Committee recommends that the questionnaire be sent with a covering letter emphasizing the legal obligation of the person who receives the questionnaire to complete it and return it. The Commissioner of Jurors then prepares a jury notification list. Currently, anyone who does not return the questionnaire is left off the jury notification list. The Committee recommends that (Appendix B) the practice be reversed and that anyone who does not return the qualification questionnaire instead of being left off the jury notification list is, instead, put on the jury notification list. It is, of course, possible or probable that some of these individuals would not be qualified jurors. The Committee does not see this as an insurmountable problem. When a jury is to be selected persons are currently notified that they are to appear in court. A procedure could be developed where people who have returned the qualification questionnaire are directed to appear in court shortly before the court session and individuals who have not previously filled out the qualification questionnaire and whose names are selected from the expanded jury notification list could be summoned to appear an earlier time that day. The Commissioner would then examine those persons to see if they qualify. If they do not, they would be sent home. If they qualified, they would remain in court to possibly be selected on a jury. The Committee believes that certain classes of the population, specifically lower income and/or minorities have systematically been excluded from the jury system. In particular, black residents are under-represented in the pool of jurors. The Committee recommends that in order to insure that black residents be included in the pool in proportion to their percentage of the County population, the lists of jurors called should be divided into two strata, one stratum to consist of all those living at the addresses within the election districts of the Second Ward of the City of Ithaca as of January 1, 1993; the other stratum being all those at all remaining addresses. Names should be drawn from these two strata in proportion to their fraction of the total county population. Since a significant portion of the County' s black population resides in the aforementioned Second Ward election district, selection from the stratum in proportion to its percentage of the total County population is the best way to insure that the drawn pool will consistently contain names of black residents in proportion to their percentage of the population. This procedure will have to be reviewed and modified after receipt of each census report. The Committee further recommends that an analogous procedure should be established and used for the selection of juries in the City of Ithaca. Pursuant to Section 517 of the Judiciary Law, the Commissioner of Jurors has the discretion, on the application of a prospective juror who has been summoned to attend, to excuse that juror from jury service or to postpone the time of jury service. The Commissioner of Jurors is currently given that authority provided in Section 517 . However, it is unclear whether this authority is administered under specific guidelines or standards. The Committee recommends that specific written standards and guidelines be developed under which the Commissioner of Jurors would exercise her authority pursuant to Section 517 to grant excuses or postponements to jurors. 8 (:Appendix B) The Committee further recommends that there be established a program of public education regarding the importance of service on juries and how the jury system works. The Committee believes that all the above recommendations could be put in place in a relatively short period of time without additional authority from the federal or state governments. The Committee believes that additional steps should be taken which we realize will require state and federal action. In particular, the Committee recommends: • 1. That the procedures set forth above be set into state law as legal requirements; and, • 2. That appropriate legislation be passed to provide that lists of individuals receiving unemployment benefits, social services and medicaid benefits be made available to the Commissioner of Jurors for use by the Commissioner of Jurors in selecting the lists of prospective jurors. • August 13, 1992 9 (Appendix B THE MAYOR'S TASK FORCE ON POLICE-COMMUNITY RELATIONS REPORT OF THE POLICE/ COMMUNITY INVOLVEMENT COMMITTEE September 23, 1992 INTRODUCTION The Police / Community Involvement Committee was set up by the Task Force as a subcommittee to research and make recommendations to the Mayor and Common Council for ways in which the Ithaca community and the Ithaca Police Department could increase positive interaction, especially in the Southside Community. This committee began on June 15, 1992 and has met on twelve (12) occasions since then. The committee decided on specific objectives and researched and reviewed options to meet these objectives in a cost efficient and timely manner. We met with local organizations which have established youth programs, police officers, and Chief Harlin McEwen. We looked at programs established in other communities and discussed, at length, perceptions of the present relationship between the Southside community youth and the IPD. We conclude that much attention must be given to the development of a positive relationship between the community and the IPD in order to have increased respect and cooperation on the part of both groups. As a result of research and discussion, the Committee voted to make the following recommendations. RECOMMENDATIONS 1 . Community Policing- We recommend that additonal police officers be placed in a beat in the Southside area and that consideration be taken in the choice of officers to perform this duty. It is the hope that the perception of the "white male cop" in this community can be altered significantly if a police officer interacted with residents and youth on a daily, more casual basis. 2. Ride Along Program- We recommend that the Ithaca Police Department invites city residents, particularly from the Southside, 15 years and up, to participate in a Ride Along program. We also recommend that at least one (1) youth of color is appointed to encourage youth of color to participate in this program. 11 (Appendix C) Page 2 3. P.E.E.R. Program- We recommend that the City designate funds for the planning and implementation of this program (see attached Program Description), based out of Southside Community Center, which will encourage youth and law enforcement to work together in a positive and educational environment. It is also recommended that a committee comprised of police officers, parents and appropriate agencies be formed to facilitate this project. 4. Field Day- It is recommended that an Ithaca City Field Day be held each year to provide a fun and non-threatening environment for the youth and Ithaca Police to interact. This could be funded by outside sponsors, the PBA, and the city. However, successful planning will be best accomplished by a Board set up to monitor finances, program planning, public relations, etc.... We recommend that the city appoints a Board and becomes a permanent sponsor of this annual event. 12 (Appendix C) Police Efforts To Enhance Relationships PEER Purpose of the Program: This program is set up to target youths, particularly Asian, Hispanic, African American, and Native American, between the ages. of 7 thru 14 years of age, but not limited to all underrepresented children. A commitment is needed by the city , county and state police to interact with these children on a volunteer basis. I t is designed to help improve relationships between police offficers and children in the community. Through programming, our intention is to involve increased interaction with police and children; therefore, creating understanding and sensi ti tvi ty with the aim in establishing a positive relationship between police officers and the disenfranchised community. Possible Programming : 1) Ride along ( with consenting adults ) in police vehicles. 2) Tours of the Sheriffs Department, and/or police station. 3) Tutoring kids in need of extra help. 4) Drug Awareness program such as D. A. R. E. 5) Physical fitness exercises or training. 6) Story telling. 7) Uniforms and/or dress up day (T- shirt ). 0) Question and answer period for those interested in police work. 9) "Card collecting" 13 (Appendix C) • TASK FORCE ON POLICE-COMMUNITY RELATIONS Report of the Police-Community Relations Training Sub-Committee October 7, 1992 Our committee's purpose has been to explore the possibility of using training and education to improve police-community relations, whether in-house trainings for officers, in sessions for the community,and/or in sessions for the police and community together. Although our committee has met frequently,regularly,and for long hours, we do not feel that we have had enough time to complete our task. From our earliest meetings with one another it was clear to us that, given our diverse perspectives and experiences, it was essential to develop respectful communication,build trust in one another and to gather more information before we could make intelligent recommendations that would create any lasting positive changes. We have,however, made quite a lot of progress and have come up with several suggestions which we think will result in a real shift in how IPD serves the community,and in how Ithaca residents will perceive and relate to the police force. We have been granted an extension to continue our work until February 28, 1993, and we will oversee the following steps in what we envision as a process with three phases. Phase I 1) We will distribute the questionnaire (see attached),to IPD officers through Drew Martin. We designed this instrument to gather information from officers about their concerns,needs and perceptions about training for working with various communities in Ithaca. We believe that this information gathering is an essential prerequisite for effective training and programming that will assist officers and meet their training needs. 2) We will develop a process for gathering information from Ithaca residents about what education,information,and training would be valuable to community members in dealing with police. The process might be a questionnaire or forum(s) for information gathering. We will ask residents their views on designating trusted community members as lay advocates who could act as guides through the process of using the services of IPD,or filing a complaint with Citizen's Commissioners through the Citizen's Commission,etc. We foresee asking residents what would make the roles of the advocates credible for them. We will also ask residents who they would like to see serving as lay advocates. We recommend providing thorough trainings for individuals to become advocates. 3) We recommend organizing an information session for community members, youth in particular,called"Know Your Rights." This event would be led by a police officer,a member of the Citizen's Commission and a community leader. Hopefully,this workshop could be offered every year. The content should include solid information on how to respond when stopped and questioned by police,what particular ordinances citizens should know about,and what our rights are when dealing with law enforcement,and/or when we think we are victims of crime. For example, "Are their curfews for youth?" "Must you answer an officer's questions?" "When is a fight an assault?" We see this type of information as very empowering • 15 (Appendix D) for the community and something which could be offered fairly soon. By having officers deliver this information, the workshop will provide additional opportunities for police to interact positively with the community,particularly young people,by bringing a supportive message to them regarding their rights. There may be similar informational training events that can involve police and community which might be identified by the questionnaire. 4) We recommend that the city explore expanding and deepening the Neighborhood Policing Program. We recommend that the Mayor and Common Council should consider what funds would need to be allocated for implementation and intensive training for officers involved in neighborhood policing. The reason our sub-committee sees neighborhood policing as appealing is because it shifts the emphasis to developing crime prevention strategies and cooperative problem solving within communities. As we understand neighborhood policing,it describes an entire approach to peacekeeping that requires a deeper level of relationship between officers and the communities they serve as opposed to the level that can be developed when officers are shifted from one area to another. However, those of us who were present at the Southside Community Center's meetings which preceded the formation of this Task Force,remember the misgivings and apprehensions which our neighbors expressed about the possibility of an increased presence of police on our streets. We think that in order for neighborhood policing to succeed in Ithaca, the community must understand how it works, how it will benefit us,and also gain a sense of ownership and inclusion in the process, strategy,and programming. Phase II 1) Our committee will review the questionnaires returned from IPD. 2) We will consider how to meet the training/skill building needs and suggestions expressed by officers in the surveys. It should be noted that the Community Dispute Resolution Center is a local resource which can provide valuable trainings in conflict resolution and communication skills. Common Council may want to fund putting CDRC on retainer to provide those skill building workshops. In addition, trainings on Dealing with Differences (which focus on multicultural awareness and increasing effectiveness in work with diverse populations),are not currently offered to all IPD officers. It seems important that funding for such possible trainings be allocated by the city,as well as in the Chief's budget. We anticipate that some combination of the above types of trainings need to be instituted as a routine part of officer's training,and NOT as one-shot crisis interventions or band-aid solutions that have not worked in the past. We will pay close attention to the input we get from officers about what has worked well,and recommend only programs which will create long term change. 3) We will implement the process for gathering information from the diverse communities of Ithaca(which we will develop in Phase I). 4) In the event that Neighborhood Policing is going to be expanded, we recommend that members of the IPD force receive an orientation to the Neighborhood Policing strategy and be apprised of the likely impact of its implementation both upon their jobs and on the community. 5) We recommend inviting one or two officers from another city where neighborhood policing is already being practiced to come to Ithaca to present an information session to the community to describe what it is and how well it's working. It seems very important that all of us be able to get our questions answered and to feel comfortable with this strategy in order for such a program to have the support of both the community and IPD, and thereby,a likelihood of 16 (Appendix Il) succeeding here. If the city decides to designate certain neighborhoods as appropriate for neighborhood policing, the residents of these neighborhoods should have the opportunity to understand the likely impact it will have on them. We believe that Chief McEwen has extensive knowledge of how various neighborhood policing programs elsewhere have been utilized,and that he also has some clear-cut ideas on how he would like to see neighborhood policing proceed in Ithaca. However,given the difficulties and mistrust that some Ithaca residents have with some IPD officers, we think that the best forum for giving information to the community would be through a panel of people with expertise which would include-but not be limited to Chief McEwen and Officer Gillern. Phase III 1) We will review the community questionnaires and/or other forms of input from residents and make recommendations as to what further workshops or informational sessions would be valuable to the community. 2) We will compile a list of individuals identified by the community,to serve as lay advocates (Refer to Phase I,#2). We will provide this list to the Citizen's Commission. Based on our assessment of community needs, we would be happy to also give the Board suggestions and input on developing a training model that would benefit the lay advocates in their roles. 3) Any officer assigned to Neighborhood Policing should be provided with high quality preparations for their duties to ensure their success. 4) Any officers who in the future are assigned to Neighborhood Policing could,as part of their duties, help set goals and have input into future training designs intended for the rest of the IPD force to enhance those officers' ability to interact more productively with the diverse communities of Ithaca and to be more supportive of Neighborhood Policing efforts. 5) We recommend that once lay advocates have been functioning in their roles that they be asked to help make presentations of future community workshops as mentioned above. We would like to point out that all of these suggestions regarding an expansion of Neighborhood Policing are being proposed only in the event that the community supports this as a good strategy for neighborhoods. As you can see most of the recommendations depend on the gathering of more information,but that seems more preferable than forcing trainings and strategies on people without their consent. We see that the nature of effective human relations training and education takes time and full participation of all parties involved. We are committed to taking our task seriously and not offering quick fix solutions. We wish that we could attach a specific dollar amount to the cost of these programs, however,that was not the task set before us. What we have done is to share the best of our thinking thus far and,bring to your attention that any quality programming will require additional funds. 17 (Appendix 1)) THE MAYOR'S TASK FORCE ON POLICE-COMMUNITY RELATIONS REPORT OF COMMUNITY-POLICE BOARD COMMITTEE September 21, 1992 INTRODUCTION At a rally and two subsequent community meetings held in May and early June, 1992, African-Americans, members of other minority groups, and other residents of Ithaca expressed various concerns about police - community relations; questioned the Community-Police Board's complaint procedures and the complaint investigatory process; and expressed dissatisfaction with the jury selection process. As a result of these meetings, the Mayor created the TASK FORCE and designated four committees, one of which is the Com- munity-Police-Board Committee. The Committee was charged with investigating the causes for and substance of the lack of confidence in the Community- Police Board, and with making recommendations to the Mayor for changes in the Board that would address the problems. This Committee began meeting on June 15, 1992 and has met thirteen times since then. The Committee reviewed: articles on how Community-Police Boards in other communities are organized, and membership, investigative procedures, and the success or lack thereof for such Boards; the Police Benevolent Association Union contract with the City; the history of the present Board; current civilian complaint procedures, forms, and reports; and current Board policies. At the Committee's invitation, Chief Harlan McEwen attended one meeting, answered questions, and talked at length about his role regarding complaints against members of the Police Force, and the police relations with the Board. Although Sara Shenk, chair of the Board, was an active member of the Committee, the Committee also invited the other three Commissioners to several meetings, and Kirby Edmonds and Carol Selig- mann met with the Committee a number of times. • It is clear from this Spring's public meetings and from previous such meetings that many people do not see the Board as a "useful, accessible or responsive resource". The Committee did not take upon itself the job of evaluating the quality of the Board's past work. Instead, the Committee has responded to the concerns expressed by those who attended the public meet- ings and our charge by examining the policies, procedures and structure of the Board. In this manner, the Committee's recommendations are forward looking and do not question the dedication, time, and hard work provided by members of the Board to the community. We conclude that in order to gain the community's confidence, it is necessary that substantial changes be made as soon as possible in the manner in which the Board handles complaints, interacts with the community, and in its accountability to the community. As a result of our work, the Committee voted to respectfully make the following recommendations. RECOMMENDATIONS 1- Board Name: The name of the Board has been construed by many members of the community as indicating a lack of independence from the police struc- tures. 19 (_appendix E) Community-Police Board Committee Report. . . .page 2 RECOMMENDATION I: The name of the Community-Police Board shall be changed to Citizen's Commission on Community Relations and members shall be known as Citizen Commissioners. 1 2- Board Structure: The Board is composed of five Commissioners appointed by the Mayor and subject to the approval of the Common Council. The Commit- tee found that attendance at Board meetings and involvement in the work of the Board has been sporadic and that the majority of the work has fallen to two or three Commissioners. Additionally, since this Committee is making several recommendations that will increase the work of the Board, in order to accomplish these tasks, additional Citizen Commissioners will be re- quired. Finally, questions were also raised about how well the composition of the Board reflects the community. RECOMMENDATION II: The Commission will be increased from five to seven Commissioners. RECOMMENDATION III: The Mayor's screening procedures for appointees to the Commission shall include a description of the work of the Board and time commitment required of Commissioners, and that before being appointed, a prospective appointee must make a commitment to spend the amount of time necessary for active participation on the Commission. RECOMMENDATION IV: When a Citizen Commissioner has been absent without good cause from three meetings of the Commission in any calendar year, the Mayor shall be informed and that person's appointment withdrawn. The Committee is strongly of the opinion that it is important that the Commission be representative of the community as a whole and most specifi- cally include representation by segments of the community that have tradi- tionally not expressed trust in the Board or the fairness of the police such as the Gay and Lesbian and the African-American community, and specif- ically, young African-American men. Toward that end the Committee makes the following recommendation. RECOMMENDATION V: The Mayor shall solicit the names of candidates from a range of community groups including but not limited to the Gay and Lesbian Task Force, the African-American community, and organizations that work with youth AND shall appoint commissioners from these lists in such a manner as to ensure maximum diversity among sitting members. Further, before approving appointments to the commission, the Common Council will evaluate the effect each appointment will have on the diversity of representation on the Commission. At the current time, the Board receives secretarial support from the Police Chief's secretary. This structure means that, although members may communi- cate in writing privately and confidentially, the Board cannot communicate officially in writing about any part of its work, however tentative or exploratory, independent of the organization it is among other things 'Hereinafter, "Board" will be used to refer to current activities and procedures, and "Commission" will refer to future activities and procedures. 20 (:Appendix 1:) Community-Police Board Committee Report. . . .page 3 charged to investigate. This structure may contribute to the public percep- tion that the Board lacks independence. RECOMMENDATION VI: Support services for the Commission must be located outside the Police Department in some office that will provide it with complete confidentiality for their communications. 3- Board Procedures: The Committee found several aspects of the Board's current procedures serve neither to facilitate the filing of complaints nor to engender confidence in the investigatory process. * First, the complaint form itself is complicated, uses formal legal lan- guage, and can be difficult for some people to complete. RECOMMENDATION VII: The complaint form must be simplified and rewrit- ten in plain language. * Second, it appears that the Community is not generally aware of the existence of the Board, the formal or informal procedures for filing com- plaints, how to get assistance with filing a complaint, nor what to expect after filing a complaint. In addition to our recommendation for addressing this situation, we encourage the Commission to seek speaking opportunities with a full range of community groups and organizations. Finally, we sug- gest organizations whose members feel aggrieved also find a way to discuss police activities and relations as a periodic part of their group's pro- gram, assigning the function to an individual or committee. RECOMMENDATION VIII: The Commission shall develop an informational pamphlet and use the press, speaking engagements at community groups and organizations, and public forums to increase its visibility within the community, to describe its work and procedures, and to increase its accountability to the community. * Third, the first interview and all subsequent interviews with a complain- ant and witnesses is presently conducted by a Commissioner and either the Police Chief or his assistant. This procedure is believed to have contribu- ted to the Board's perceived lack of independence. RECOMMENDATION IX: At the very least, the Commission will initiate the investigatory process by meeting alone with the complainant to explain the investigatory process, to clarify the facts of the complaint, and to offer the complainant an opportunity to seek the assistance of an advocate. The Citizen Commissioner and the complainant would then meet together with the Chief or his deputy to pursue the complaint. * Fourth, there are indications that a significant number of complaints are not coming through either the existing formal or informal channels. RECOMMENDATION X: The Commission, will work together with the African- American community and members of other minority groups to develop a network of lay advocates to assist people who wish to make an informal complaint or to file a formal complaint, and throughout the complaint process. 21 (Appendix E) Community-Police Board Committee Report. . . .page 4 RECOMMENDATION XI: The Commission, Neighborhood Legal Services, mem- bers of the Tompkins County Defense Bar, and/or other community groups will be requested to provide the training for the lay advocates. 4- Commission-Community Accountability: In order to increase community trust in the Commission and in the police, it is essential that mechanisms be found to make the Commission more accountable to the public. Current procedures provide only minimal feedback either to persons who have filed a complaint or to the community at large regarding the work of the Board, the results of investigations, or actions taken following an investigation. Additionally, there are indications that the Board plays an important role in recommending changes in police approach even when an investigation does not find grounds for disciplinary action but finds an incident could have been handled better. It is also clear that the public is unaware of this important aspect of the Board's role. RECOMMENDATION XII: The Commission shall expand the explanation to the complainant regarding its findings and all actions that it recommends as a result from its findings. RECOMMENDATION XIII: The Commission's role shall be clarified and explained to complainants and to the general public so that it is generally understood that when an investigation does not lead to disciplinary action other remedial action may be recommended. RECOMMENDATION XIV: The Commission will be required to give semi- annual substantive reports to the Mayor, the Common Council, and to the community regarding all their activities and the changes they have sought and achieved. 5- Independent Investigator: Finally, the Committee believes it is impera- tive that both the perception and reality of the independence of the Com- mission's complaint investigations be improved. Research has shown that independent, professional, investigations of complaints is critical for public confidence in the process. Furthermore, since Commissioners, though dedicated and hardworking, are not trained investigators and since it is not possible for an agency to investigate itself impartially, we feel it imperative that this option be fully reviewed. The Committee envisions that the investigator's primary responsibilities will be to locate and interview witnesses in the community, establish the physical circumstances surround- ing an incident, and complete such other assignments as the Citizen Commis- sioners shall choose to assign, within the constraints of existing laws. RECOMMENDATION XV: The City Attorney shall explore the feasibility of the Commission having the assistance of an independent investigator to assist Citizen Commissioners in the investigation of complaints; and, if feasible, recommend to the Mayor the steps which are necessary to assure the Commission has this assistance as soon as possible; or, if not feasible at this time, recommend whatever steps might be necessary to make it possible to ensure the Commission has this assistance at the earliest possible time. 22 (Appendix E)