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HomeMy WebLinkAbout21763 1 ORDINANCE NO. 21,763 2 3 AN ORDINANCE TO ESTABLISH A CITIZENS REVIEW BOARD FOR 4 CERTAIN MATTERS IN THE LITTLE ROCK POLICE DEPARTMENT; 5 AND FOR OTHER PURPOSES. 6 7 WHEREAS, the Mayor and Board of Directors of the City of Little Rock, Arkansas, believe public 8 safety is a top priority for the City in order to attract growth, encourage economic development, and 9 maintain a high quality of life for all citizens and residents; and, 10 WHEREAS,that for the Little Rock Police Department it is important to have a Community Review 11 Board, separate from the existing civilian review process, that will be diverse and fully representative of 12 the Little Rock Community with certain autonomous powers, clearly defined responsibilities and 13 relationship to the officer review process; and, 14 WHEREAS,after consultation with the community,the Chief of Police,and a consultant with the U.S. 15 Department of Justice Community Relations Service on the ways to pursue such action,a program has been 16 developed to put into place such a Citizen's Review Board to work with the Little Rock Police Department, 17 but still maintain the current Civil Service Commission to review various issues and concerns about the 18 Department,but also to assure that investigations are accurate,complete,thorough,objective,and impartial. 19 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 20 OF LITTLE ROCK,ARKANSAS: 21 Section 1. This ordinance will be known as the Little Rock Citizens Review Board ("CRB") 22 ordinance, and shall set forth the duties and responsibilities of such an entity. 23 Section 2. Definitions. As used in this ordinance, the following terms shall have the meanings set 24 forth below: 25 "Annual Report" shall mean the written annual report of the CRB that shall be delivered to Board of 26 Directors. 27 "Board of Directors"refers to the Little Rock Board of Directors which is comprised of the Mayor and 28 the other elected members of the governing body,which is the chief legislative body of the City,as set forth 29 in Arkansas State Law and City Ordinance. 30 "Bylaws"means the Bylaws of the CRB. 31 "Chief of Police"means the Chief of Police of the LRPD,or if appropriate because of a current vacancy 32 in the position. of Chief of Police, the individual designated as the Acting Chief of Police by the Mayor. 33 "City" means the City of Little Rock, Arkansas, a municipality of the first-class organized under the \ [Page 1 of 81 Management 11 City Management Form of Government with additional duties granted to the Mayor pursuant to Arkansas City g4 Law 2StateMLaw and City Ordinance. 3 "Complaint"means collectively,unless the context otherwise indicates,an Initial Complaint or Review 4 Request for the CRB. 5 "Corruption"includes,but is,not limited to abuse of power,theft,embezzlement,falsification of public 6 records, falsification of testimony, the manufacture or falsification of evidence, witness intimidation, 7 witness bribery. 8 "CRB"means City of Little Rock Citizen Review Board. 9 "CRB Counsel"means the Legal Counsel selected by the Mayor to support the CRB. 10 "CAR Findings"means the conclusions adopted by the CRB in response to a Review Request. 11 "CRB Meeting"means a meeting of the CRB. 12 "CRB Meeting Notice" means a published notice, which complies with the Arkansas Freedom of 13 Information Act, stating the date,time, and location of a CRB Meeting. 14 "CRB Member"means each person, including the Chair,appointed to the CRB. 15 "CRB Public Session"means a CRB open meeting conducted on issues within the jurisdiction of the 16 CRB on law enforcement policies and practices where the public is invited and permitted to make comments 17 on such policies and practices. 18 "CRB Review Meeting"means a CRB Meeting where a Review Request is reviewed by the CRB by 19 the CRB, including but not limited to,a Meeting where a complainant or LRPD representative is present to 20 discuss an Investigation. 21 "Discrimination"means to use the authority of office,or the color of authority,to act differently against 22 anyone because of the person's race, color, creed, religion, sex, national origin, age, disability, marital 23 status,sexual orientation, gender identify, genetic information,political opinions or affiliation. 24 "Eligible Person of LRPD"means a human being within the LRPD,eligible to accept service of process 25 pursuant_to the Arkansas Rules of Civil Procedure, who physically takes possession of Officer-involved 26 complaints. 27 "Initial Complaint" means a complaint submitted to the LRPD, or submitted pursuant to directions 28 ' posted by the City on a website, by any person domiciled within the City about a contact which occurred 29 after the effective date of this ordinance,with a member of the LRPD either personally or through a client, 30 friend,or family member. 31 "Initial Disposition Notice" means the notice sent by the CRB to a complainant detailing the 32 disposition by the CRB of a Review Request after the initial review. 33 "Investigation"means a criminal or internal administrative investigation of the LRPD about a matter. [Page 2 of 81 1 "Investigation Report"means a completed criminal,or internal,written report by the LRPD which sets 2 forth the findings of the LRPD. 3 "LRPD"means Little Rock Police Department. 4 "Meeting" shall mean an open meeting of the CRB as that term is defined or interpreted by Arkansas 5 law including,but not limited to,the Arkansas Freedom of Information Act. 6 "Physical lnjury"means impairment of a person's physical condition,the infliction of substantial pain, 7 or the infliction of bruising, swelling,or a visible mark associated with physical trauma, 8 "Receipt of the Investigation Report" is the date and time at the first CRB meeting subsequent to the 9 LRPD making an Investigation Report available to the CRB in response to a Review Request. 10 "Review Request"means a request by any person authorized to make an Initial Complaint for the CRB 11 to review an Investigation which occurred after the effective date of this ordinance. 12 "Serious Physical Injury" means any Physical Injury that creates a substantial risk of death or that 13 causes protracted impairment of the function of any bodily member of organ 14 Section 3.Purpose.The purpose of the CRB is to enhance public perception and to build and maintain 15 public trust between the LRPD and the public. To accomplish this purpose,the CRB shall: 16 (a) Review an Investigation for accuracy, completeness, impartiality,objectivity,and 17 thoroughness; and, 18 (b) Provide a process to commence an Initial Complaint against LRPD Policies and 19 Practices,or against any one,or more,members of the LRPD as to certain actions; 20 and, 21 (c) Make recommendations to the Board of Directors on law enforcement policies and 22 practices as they pertain to case review,on how to assist the Chief of Police,or the 23 Board of Directors, on policy review. 24 Section 4. Jurisdiction of the CRB. Unless otherwise approved by the Board of Directors based upon 25 extremely unusual circumstances,the CRB shall have the authority to review an Initial Complaint or accept 26 a Review Request regarding a Certified LRPD Law Enforcement Officer's or interaction that involves: 27 (a) Scope of Review Authority 28 (1) Use of Force that has resulted in a Physical Injury or Serious Physical 29 Injury; 30 (2) Use of Deadly Force; 31 3 Corruption; or, 32 ( ) 4 Discrimination. [Page 3 of 81 1 (b) Time of Review 2 (1)Within sixty(60)days from receipt of the Initial Complaint,a Review 3 Request, or a request from the Mayor or a member of the Board of Directors, 4 unless such time has been extended by the Mayor; and 5 (2)If an Investigation by the LRPD has resulted in disciplinary action, 6 prior to any appeal being heard by the Civil Service Commission, provided, 7 that the time to file an appeal will not be extended, although the time to hear 8 an appeal shall be stayed pending CRB Finding; 9 (c) CRB Access to LRPD Information. 10 (1) Subject to a Court Order from a court of competent jurisdiction, or at 11 the direction of the prosecuting authority as to the release of information about 12 an ongoing criminal investigation,in order to conduct an informed review,the 13 CRB shall be provided with all information in the possession, control, or 14 knowledge, of the LRPD, and shall maintain the integrity of said information 15 throughout the entire investigation period; and, 16 (2)Notwithstanding the terms of this subsection,the CRB shall not obtain 17 access to the personnel records of any City employee unless that information 18 is otherwise subject to release pursuant to the Arkansas Freedom of 19 Information Act; 20 (d) CRB authority to obtain additional information. The CRB shall have the authority 21 to request additional information, or to obtain the assistance of expert witnesses, 22 as part of its review of an Initial Complaint or a Review Request; and, 23 (e) Oath prior to an investigation. Each member of the CRB involved in the review 24 of an Initial Complaint, Review Request, or other matter, shall execute under 25 penalty of perjury, prior to the receipt of any information obtained in the 26 investigation, an oath that the member understands the confidential nature of the 27 information, and that no member shall discuss such information unless formally . 28 directed to do so by a judge in a court of competent jurisdiction. 29 Section 5. Contents and Filing of an Initial Complaint. An Initial Complaint shall be in writing and 30 shall be delivered to the LRPD, which will forward to the CRB. Actual delivery of the Initial Complaint 31 occurs when a hard copy, or if the City provides an online portal for transmittal of a complaint the portal 32 provided, is physically provided to a person at the Little Rock Police Department eligible to accept service 33 of process pursuant to the Arkansas Rules of Civil Procedure, or who physically takes possession of the 34 Initial Complaint.The Initial Complaint shall contain: [Page 4 of 81 1 (a) Identification information for the party filing the complaint, including name, 2 address,telephone number, any applicable e-mail address or text message access, 3 and information to establish the person is qualified to make an Initial Complaint; 4 and, 5 (b) A factual description of the reason for the Initial Complaint which shall include an 6 actual ora approximate date, and a description of the specific Police behavior, an PP p 7 interaction, or a combination of both, in question; and, 8 (c) A list of the names, addresses, telephone numbers, or other available contact 9 information,of all persons-including LRPD personnel-known to the complainant 10 who possess knowledge of the incident raised in the Initial Complaint. 11 Section 6. Contents and Filing of a Review Request.A Review Request shall be in writing,and shall 12 be delivered to the LRPD,which will forward to the CRB. Actual delivery of the Review Request occurs 13 when a hard copy, as opposed to an electronic copy, is physically provided to a person eligible to accept 14 service of rocess pursuant to the Arkansas Rules of Civil Procedure who physically takes possession of p 15 the Review Request.The Review Request shall contain: 16 (a) Identification information for the party filing the complaint including name, 17 address,telephone number, any applicable e-mail address or text message access, 18 and information to establish the person is qualified to make a Review Request; 19 (b) A description of the reason for the Review Request which shall include an actual 20 or approximate date, and as complete a factual description as possible of the 21 incident and the specific police behavior, interaction, or a combination of both, in 22 question; 23 (c) A summary of the prior review and/or investigation of the incident described in n of this Section; 24 Subsection(b) , 25 (d) A list of the names, addresses, telephone numbers, or other available contact 26 information,of all persons-including LRPD personnel-known to the complainant 27 who possess knowledge of the incident raised in the Review Request. 28 Section 7. Action Required Upon Receipt of an Initial Complaint or a Review Request. 29 (a) Any eligible person at LRPD who takes possession of an Initial Complaint or a Review Request 30 to be considered,or any person who obtains an electronic request through a portal provided by 31 the City specifically for that purpose,shall immediately make that fact known to the Mayor,or 32 the Mayor's designee,and shall provide a complete copy to the Office of the Mayor and to the 33 Chief of Police; [Page 5 of 81 1 (b) If an Initial Complaint or a Review Request,at the time it is made,require investigation at any 2 level by LRPD,the CRB shall not be provided any information,nor take any action,until LRPD 3 completes its Investigation. 4 (c) By "immediately" it is intended that the eligible person provide a physical or electronically 5 scanned copy to the Mayor, in PDF format, as quickly as possible whether City Hall is open 6 for business at that particular time or not; 7 (d) The Mayor,or the Mayor's designee,shall immediately forward a copy of the Initial Complaint 8 or Review Request to the City Manager,the Director of Human Resources; and, 9 (e) Notice of receipt of the Initial Complaint or Review Request will be sent to the person(s)who 10 filed the matter with the City. 11 Section 8. Findings of the CRB. The CRB, in response to an Initial Complaint or a Review Request, 12 shall make one of the following conclusions: 13 (a) Concurrence with the result of the LRPD or a prior investigation; or, 14 (b) Advise the Mayor, City Manager, and Chief of Police, that the findings are not supported by 15 the information provided by LRPD, and, if not supported because of a Court Order that limits 16 access to such information,or because of a decision by the prosecuting attorney not to release 17 certain information, suggest whether additional review is recommended; or, 18 (c) Advise the Mayor,City Manager,and Chief of Police,that the Investigation is incomplete and 19 that additional review is recommended. 20 Section 9.Copy of Initial Disposition Notice or CRB Findings sent to complainant. The complainant 21 who files an Initial Complaint or a Review Request shall be provided with a copy of the Initial Disposition 22 Notice,and of any CRB Findings. 23 Section 10. Additional Review by the CRB. The Mayor or the Board of Directors by Resolution,may 24 request the CRB to review additional cases beyond the scope of review outlined in Section 3 above. 25 Section 11. Composition and Term of the CRB. 26 (1) The CRB shall consist of five (5) members, appointed by the Mayor, subject to the 27 approval of a majority of the members of the Board of Directors,who are qualified electors of 28 the City. The CRB shall include: 29 (a) One(1)person,actively involved in neighborhood issues,who shall be designated 30 a representative of the community; and, 31 (b) One (1) person, selected from nominations made by business associations within 32 the City where active involvement by a particular type of membership is required; 33 and, [Page 6 of 8] I (c) An overall membership that reflects the demographic characteristics of any 2 statistically significant demographic group within the corporate limits of the City 3 as determined by the most recent Federal Decennial Census; and, 4 (d) A membership where each member has successfully completed appropriate 5 training on law enforcement and the LRPD Rules and Regulations, as well as the 6 LRPD General Orders as determined by the Chief of Police working through the 7 LRPD Training Division which may include additional consultants from other 8 entities such as the U.S. Department of Justice Community Relations Service. 9 (2) Except for the initial membership of the CRB,a member of the CRB shall serve a three 10 (3)-year staggered term from the date of appointment; provided that additional terms shall be 11 available consistent with City resolution or policy statement as to additional consecutive terms 12 of service on a City board or commission; and provided further: 13 (a) At its first meeting, lots for the initial five (5) members of the CRB shall be 14 individually drawn;and, 15 (b) One(1) lot shall be for a term of one(1)-year, and the member who draws that lot 16 shall serve for one year, which shall not be treated as a full term for purposes of 17 eligibility for reappointment; and, 18 (c) Two(2)lots shall be for an initial term of two(2)years; and, 19 (d) Two(2)lots shall be for an initial term of three(3)years. 20 (e) For the initial CRB,the Mayor shall designate a person to serve as Chair. 21 (3) Notwithstanding any provision on the limitation of terms, or the length of a term, if a 22 member of the CRB is involved in the review of an action that is not completed before the 23 expiration of the Member's term,or before an appointment to serve an additional term has been 24 made, the serving member involved in the review shall be permitted to complete such review 25 before stepping down even if this should momentarily result in more than five(5)members of 26 the CRB serving at the same time. 27 Section 12. Vacancy on the CRB. 28 (1) A voluntary vacancy occurs anytime a member of the CRB resigns,moves outside the 29 City, ceases to be a qualified elector of the City, or dies; the effective date of a voluntary 30 vacancy is the date an event occurs, or as to resignation,the date a written request, electronic 31 or otherwise, is received by the City; 32 (2) An involuntary vacancy occurs if a CRB member: 33 (a) Has unexcused absences from three(3)consecutive meetings of the CRB; or [Page 7 of 81 I (b) Has unexcused absences from five(5)meetings of the CRB within any calendar 2 year;provided,only the Chair of the CRB is permitted to excuse an absence,and 3 only for good cause,which shall not include continuous demands on a member's 4 time; or 5 (c) Has been convicted, plead guilty to, or plead nolo contendere to a felony, or a 6 misdemeanor other than any traffic offense other than driving while intoxicated 7 or impaired; or, 8 (d) Has violated the oath of confidentiality referred to in Section 4(e)as to any CRB 9 action or investigation. 10 (3) In the event of a vacancy,the Mayor shall appoint a successor to complete the term of 11 a CRB member,provided that the membership of the CRB must comply with the provisions of 12 Section(3)(1)of this ordinance. 13 (4) Attendance by a member at any CRB Meeting through telephonic, video, electronic, 14 or other communication means, is permitted. 15 Section 13. Quorum of CRB.At any CRB meeting a quorum of three(3)members is required.Except 16 for the Annual Report,CRB Findings,or a CRB desire to obtain additional information or expert testimony 17 about an investigation, which will always require three (3) votes to be adopted, a majority of members 18 present at a CRB meeting is required to take action. 19 Section 14. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 20 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 21 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 22 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 23 ordinance. 24 Section 15. Repealer. All laws, ordinances,resolutions, or parts of the same,that are inconsistent 25 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 26 D: July 23,2019 27 APPROVED: 28 29 30 n angley, 'ty Clerk Frank Scott,Jr.,May 31 AP RO D AS TO LEGAL FORM: 32 33 34 Thomas M. Carpenter,-City Att ey 35 11 [Page 8 of 8]