TOP 10 MOST COMMON PROBLEMS WITH FORMING
CIVILIAN REVIEW BOARDS
1. New Legislation: Voters must be educated well enough to force local officials to implement the Civilian Review Boards. If the legislation is approved, there must be legislative writers who will make sure that the final bill is not watered down to the point that the process becomes a waste of time and money, due to the lack of teeth for enforcement.
2. Funding: If there isn’t a clear funding pattern that budgets for offices, investigators, support staff, and a primary attorney - it will weaken the board.
3. Subpoena Powers: The board will be considered weak if it doesn’t have subpoena powers. The CRB requires subpoena power to ensure that witnesses testify and documents be produced within a timely manner.
4. Police Unions: Police unions such as the International Fraternal Order of Police, International Brotherhood, etc., will complain that their authority and creditability is being undermined when civilians have oversight in matters of police abuse, excessive force, etc.
5. Access to Files: Without the ability to compel police cooperation, the CRB would be unable to perform its mission. The CRB and its investigators should be provided with access to all police files, including prior as well as current and pending complaints. Police departments or an agency of the government should not withhold from public view their policies, procedures, memoranda, records, reports (including "internal" reports, documents, etc.), tape recordings, or civilian complaints filed with the police department itself. Police departments and jails must not refuse to comply with reporting acts of excessive force and their refusal to take pictures of victims. The CRB also requires the authority to compel the police department to inform the Board of the standard(s) of proof it uses in deciding whether to sustain a complaint. Does it use the criminal "beyond a reasonable doubt" rather than the "preponderance of the evidence" which is the generally accepted standard for internal inquiries?
6. Regular Meetings: Executive director is full time position and board members are part-time. They might choose to meet every two weeks, once a month, or when complaints are filed. Board members must be dedicated, ethical and professional at all times and show up for meetings. Otherwise they will sabotage the integrity of the entire board.
7. Training: Insufficient training will cause the board to be weak. Regular training must be provided for board members. This training must include training on the “Table of Offenses” for police officers since they will be handing out disciplinary recommendations for members of the entire police department.
8. Complaint Backload: Board members should not waste time on frivolous or discourtesy complaints (including offensive language, derogatory remarks, and slurs) which could cause a backload on more severe complaints.
9. Withdrawal of Complaints: A written procedure should be established for the withdrawal of complaints. The procedure should be clearly communicated to the board, the police department and the community.
10. Accepting Findings/Implementing Sanctions: It is imperative that the police are required to accept the findings of the CRB as well as implement the sanctions imposed by the CRB. The CRB requires the authority to sanction an officer for misconduct as well as to sanction any officer who attempts to threaten an individual from filing a complaint or withdrawing a complaint. The CRB should also have the authority to investigate the behavior of supervisors and to discipline a supervisor for a line officer's actions. It is also important that the police do not delay acting on the CRB's decisions before the statute of limitations on the officer's actions have expired. Or the statute of limitations must be extended to provide for the CRB's thorough investigation.
