Charlotte's City Council passed some of the proposed changes to the Citizens Review Board code by a vote November 25, 2013. It contains significant changes, though not all the recommendations of either the Charlotte School of Law or of citizens seeking reform, including a coalition of groups called CRB REFORM NOW.
The changes require the police department to deliver the entire Internal Affairs file of the contested charges to the CRB. Before, only a summary of information chosen by the police department was released to the Board.
The changes allow the CRB to ask for additional evidence.
The big request for subpoena power has not been met.
See the changes
here (deletions from original shown in strikeout text, additions are underlined):
ORDINANCE NUMBER: 5259 AMENDING CHAPTER 16
AN ORDINANCE AMENDING CHAPTER 16 OF THE CHARLOTTE CITY CODE
ENTITLED “POLICE”
BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina, that:
Section 1. Article II, Division 2 of Chapter 16 of the Charlotte City Code is amended as
follows:
DIVISION 2. - CITIZENS REVIEW BOARD
Sec. 16-56. - Creation; composition; terms; compensation; appointments; vacancies; quorum; removal.
Sec. 16-57. - Meetings.
Sec. 16-58. - Duties and responsibilities.
Sec. 16-59. -
Appeal procedureRequest for appeal hearing.
Sec. 16-60. -
Necessity for hearingHearing.
Sec. 16-61. -
Hearing proceduresReserved.
Sec. 16-62. - Action by chief of police and city manager.
Sec. 16-63. - City clerk's duties; meeting places; staff.
Sec. 16-64. -
ReportsMiscellaneous.
Sec. 16-56. - Creation; composition; terms; compensation; appointments; vacancies;
quorum; removal.
(a) There is hereby established a citizens review board to be composed of 11 members: five members
to be appointed by the city council, three members to be appointed by the mayor and three to be
appointed by the city manager. The appointing authorities shall ensure that the members of the
board are representative of the community.
(b) Members must be continually domiciled within the county and must be registered to vote within the
county.
(c) Board members shall attend and successfully complete the Charlotte-Mecklenburg Police
Department's Citizens' Academy and receive training on relevant
legal and, policy
and cultural
awareness issues as required by the city manager. This training must be completed prior to any
board appointee serving as a member of the board.
(d) Individuals with a felony conviction or a class A1 misdemeanor conviction shall not be eligible to
serve on the board. In addition, individuals with a class 1 or class 2 misdemeanor conviction within
three years of their nomination for appointment shall be ineligible to serve. Further, conviction of or a plea of nolo contendere to a felony, a class A1 misdemeanor, a class 1 misdemeanor, or a class 2
misdemeanor during the term of office shall automatically terminate membership on the board,
irrespective of any appeals. Board members charged with a felony, a class A1 misdemeanor, a class
1 misdemeanor, or a class 2 misdemeanor during a term of office shall be automatically suspended
until disposition of the charge, and a quorum shall be established from the remaining membership.
(e) Prior to serving, each board member must sign a confidentiality agreement that is satisfactory to the city and which shall require that members maintain as confidential any information classified as
confidential by state law or otherwise classified as confidential by the city.
(f) The members shall serve staggered terms of office for three years, with no member serving more
than two consecutive terms.
(g) The board shall elect a chairperson and vice-chairperson from the membership.
(h) When a vacancy occurs, the original appointing authority shall appoint a person to serve for the
unexpired term of the vacant position.
(i) Six members shall constitute a quorum in order to hold business meetings and hearings. Members
are required to attend all business meetings and hearings in accordance with the attendance policies
promulgated by the city council. Vacancies resulting from a member's failure to attend the required
number of meetings shall be filled as provided in this section.
(j) All members shall serve without compensation.
(k) Members of the board shall be subject to removal from office by a two-thirds vote of the city council.
Sec. 16-57. - Meetings.
(a) The citizens review board shall hold regular meetings as scheduled by resolution of the board. The
affirmative vote of a majority, a quorum being present, shall be required before any recommendation
is made on any matter considered. A majority vote shall be required for any decision made by the
board.
(b) Special meetings may be called by the chairperson to carry out any duties described in section 16-58 by giving each member notice in writing, by providing personal notice, or by leaving notice at the
member's residence not less than 72 hours prior to the time set for the meeting.
Sec. 16-58. - Duties and responsibilities.
(a) The citizens review board shall:
(1) Serve as an advisory board to the chief of police, the city manager, and the city council.
(2)
ReviewHear appeals by the citizens who filed complaints of disciplinary dispositions imposed by
the chief of police or his designee relating to allegations of misconduct against a sworn police
officer. The board may hear appeals of complaints regarding alleged violations of the following
rules: use of force, unbecoming conduct, and arrest, search and seizure. In addition, the
disposition of the review of any discharge of a firearm by an officer which results in the death or
injury of a person may be appealed to this board by the person injured or the next of kin if death
occurs. When a death results and there is no next of kin, any member of the city council or the
chairperson of the community relations committee may file an appeal pursuant to section 16-59.
The disciplinary actions that may be reviewed shall include the findings of the chief of police that
an allegation has been categorized as: sustained, not sustained, exonerated, or unfounded. The
dispositions that may be reviewed for the discharge of firearms shall include: justified, not
justified, or accidental. The board may review only appeals of citizen complaints arising from
incidents that occur after the effective date of the ordinance from which this section derives. The
board may not review appeals of decisions of the city manager or the civil service board.
No
hearing conducted under this division is intended to supplant civil or criminal remedies or
proceedings, nor civil service proceedings under section 4.61 of the city charter.
(3)
Determine whether to hold an appeal hearing. The board
may hold an appeal hearing only
when it appears, based upon a preponderance of the evidence, that the disposition of the
disciplinary charges entered by the chief of police constituted an abuse of,
in its discretion
by
the chief of police.
(4)
Conduct appeal hearings, which include receiving and evaluating testimony and issuing findings
of fact and,
also may make recommendations to the chief of police and the city manager.
The
duty and power of the board is to conduct an appeal hearing and to determine whether, by a
preponderance of the evidence, the chief of police abused his discretion by:
a. Finding in a disciplinary action that allegations were sustained, not sustained, exonerated
concerning policies, procedures or unfounded; ortraining of police officers.
b. Finding in connection with the discharge of a firearm that the officer's action was justified,
not justified, or accidental.
(5(4) As required by state law, maintain as confidential all personnel information to which the
members gain access as a member of the board. In addition, board members shall be required
to execute and adhere to a confidentiality agreement that is satisfactory to the city.
(b) The citizens review board shall promulgate rules and regulations to effect its exercise of authority
under this division and shall keep such rules and regulations on file with the city clerk.
Appeal procedure Request for appeal hearing.
(a) Under this division, all complaints will be investigated by the police department. Upon completion of an investigation, the chief of police shall, consistent with state law, notify the complainant by certified letter of the disposition of the complaint. The complainant also shall be informed of his right to appeal the decision of the department to the citizens review board.
(b) All appeals to the citizens review board
must be
made on a form approved by the board and filed in writing with the city clerk's office. The request must state the
reason for the appeal and the nature of the incident and the basis on which the complainant contends that the action taken by the chief of
police was in error. The citizen may seek the assistance of the community relations committee in
drafting and filing his appeal. The citizen must file this appeal within
seventhirty (30) calendar days of receiving written notice of the disposition of the complaint. The citizen must provide a valid current address for the purpose of all notifications required to be made pursuant to this division.
(c) Upon receiving a request for an appeal hearing, the chairperson of the board shall direct the chief of police to
prepare a summary ofdeliver the entire internal affairs case and forward the summaryfile to the chairperson city clerk for delivery to the members of the citizens review board.
A meeting of the board will be held to discuss theThe chairperson may request
for appeal. additional information from the complainant if deemed necessary.
Sec. 16-60. - Necessity for hearing.
(a) (d) The board may elect not to hear an appeal under this division if civil, criminal or civil service
proceedings are instituted and pending.
Sec. 16-60. Hearing.
(a) Upon receiving a request for an appeals hearing,
a meeting of the board
will be held shall hold a
hearing within 30forty-five (45) calendar days of the request.
Notwithstanding the foregoing, the board may elect not to hear an appeal under this division if civil, criminal or civil service proceedings are instituted and pending.
(b)
(b) In The hearing shall be conducted in closed session to ensure compliance with all applicable
laws, including those related to the confidentiality of criminal information or intelligence and personnel matters. The parties may be represented at the hearing by counsel or any other person of their choice.
(c) The hearing will begin with the complainant and the department respectively, each in the absence of the other and the other’s representatives, presenting statements of facts to the board. Following
receipt of the statements of facts, the board may, in its discretion, request additional statements,
material, or information from the complainant and/or the department. After receiving the parties’
statements and any additional material or information provided, the board shall conduct deliberations
in the absence of the complainant and the department.
(d)
Following the deliberations contemplated in subsection (c), in a public session,
and consistent with section 16-58(a)(4), the chairperson shall indicate whether the board has decided to
hold a hearing
conduct additional evidentiary fact-finding and, if so, shall announce the date, time and place of the
hearing.proceedings. In order to conduct additional evidentiary fact-finding, the board must
determine that there is substantial evidence of error regarding the disposition of the disciplinary
charges entered by the chief of police. The chairperson shall notify the complainant and other
involved parties in writing of the decision and, if
a hearing isevidentiary fact-finding proceedings are
to be held, also shall advise all parties in writing of the reasons for the decision to hold a
hearingevidentiary fact-finding proceedings.
(eSec. 16-61. - Hearing procedures.
(a) If the citizens review board decides to conduct
a hearing, itevidentiary fact-finding proceedings,
those proceedings shall be concluded within
30forty-five (45) calendar days of the date of the
decision to hold
an appeal hearing.them pursuant to section 16-60. Should the complainant or the
department desire
a hearingto continue the evidentiary fact-finding proceedings to a date other than
that set by the board, the complainant or the department shall submit a written request for a change
of the
hearing date
of the proceedings, stating the reason for the request. The chairperson shall
approve or disapprove such request, provided that such request is received by the board at least
seven calendar days prior to the date
ofset for the
hearing. evidentiary fact-finding proceedings. For
good cause, the chairperson may continue the hearingproceedings from time to time, but all appeals
must be concluded within
30sixty (60) calendar days from the date of the decision to hold an
appeal
hearing. The hearing shall be conducted in a closed session, with at least six members of the board
presentevidentiary fact-finding proceeding.
(b)f) Evidentiary fact-finding proceedings shall be conducted as follows:
(1) All witnesses must testify under oath.
(c2) All of the proceedings before the board shall be recorded.
(d3) All parties involved shall have the right to be represented by counsel or any other person
of their choice.
(e)
4) The board shall receive and evaluate evidence which may include testimony of the
complainant, officers, and other witnesses, and documentary and physical evidence. The
complainant shall offer evidence first in support of his appeal. The department
and officer shall
have the right to cross examine the complainant and his witnesses. Thereafter, the department
and officer shall have the right to offer evidence, and the complainant shall have the right to cross
examine the department's
and officer's witnesses. At the conclusion of all the evidence, the
complainant or his representative, followed by the department
and officer, may make a closing
statement.
(f5) Members of the board may question witnesses or request additional information or further
investigation at any point in the process.
(g6) Members who, in a particular case, have a conflict of interest shall not attend or
participate in the
hearingproceedings and decision-making process.
(h) Within ten calendar days after(g) At the conclusion of the
hearingevidentiary fact-finding
proceedings, the board shall
issue its written findingsdetermine whether, by the greater weight of
fact tothe evidence, the chief of police
and the city manager along
clearly erred by:
(1) Finding in a disciplinary action that allegations were sustained, not sustained, exonerated or
unfounded; or
(2) Finding in connection with a recommendation. The findingsthe discharge of
fact must a firearm
that the officer's action was justified, not justified, or accidental.
(h) Upon conclusion of the appeal process, the complainant shall be
supported by a preponderance of
the evidence and approved by a majoritynotified in writing of the decision of the board
who were
present at the hearing.
and, to the extent permitted by applicable law, the reasons for the decision.
Sec. 16-61. Reserved.
Sec. 16-62. - Action by chief of police and city manager.
(a) The chief of police shall review the
determination and findings of fact of the citizens review board and any other information at his disposal. The chief of police shall take such action as he deems
appropriate, consistent with state law and city policy. The chief of police will then, within seven
calendar days of the receipt of the board's recommendations, report his decision to the city manager.
(b) The city manager shall review the decision of the chief of police and, within seven calendar days of the receipt of the decision of the chief of police, take such action as he deems appropriate,
consistent with state law, and shall advise the chief of police of any intended action.
(c) The city manager shall notify all parties, including the citizens review board, of the decision of the city manager consistent with state law and city policy. The city manager also shall advise the city council of the outcome of the appeal. Notifications made under this subsection must be made within seven calendar days of the date that the decision of the city manager was initially communicated to the
chief of police.
Sec. 16-63. - City clerk's duties; meeting places; staff.
(a) Under this division the city clerk shall:
(1) Act as secretary to the citizens review board;
(2) Keep the minutes of its meetings;
(3) Be custodian of all papers and records pertaining to the business of the board; and
(4) Perform such other duties as the board may require.
(b) The city council shall provide sufficient and reasonable rooms and use of public buildings for
meetings and hearings of the board as may be necessary.
(c) The city manager shall assign staff to support the functions of the citizens review board.
Sec. 16-64. - Reports Miscellaneous.
(a) The citizens review board shall make a semiannual and an annual report of its actions for each
preceding year. These reports shall be kept in the files of the board and a copy delivered to the chief
of police, city manager, city council and the community relations committee.
(b) The board shall receive annually a report from the police chief concerning all complaints against
department personnel and the disposition of such complaints.
(c) The board shall recommend changes to the citizens review process to city council as deemed
appropriate and approved by a majority of the board.
(d) The board shall promote its visibility within the community by adopting procedures to educate citizens about the board process, and enhance citizen participation through process and procedural changes as deemed appropriate.
(e) The board shall conduct legal, policy and cultural awareness training for its members, in addition to that provided pursuant to section 16-56(c), on a continuing basis as deemed appropriate.
Section 2. This ordinance is effective immediately and shall apply to all appeals to the Citizens
Review Board filed after the effective date.
Approved as to form: _____________________ (signed by Carolyn D. Johnson)
City Attorney
