2 de noviembre de 2020

Meeting Presentation 11/2/20: Amplifying the Community's Voice in Police Oversight

This presentation was given to the community by the Community Police Review Commission.

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Image Source: MICHAEL MINASI / KUT CPRC: Amplifying the Community's Voice in Police Oversight November 2, 2020 Austin's History of Police Oversight Officers from Austin Police Department (APD) responded to a party in East Austin with racial epithets, and excessive force this incident was later named the “Cedar Street Incident”. It led to Black Citizens Task force, Austin NAACP, civilian oversight of APD. 1995 Austin City Council approved the Police Oversight Focus Group (POFG). 1999 2002 Austin City Council established Office of the Police Monitor and the Austin Police Review Panel, later renamed the Citizen Review Panel. 2002 to 2017, the Citizen Review Panel served to provide civilian oversight of the Austin Police Department. 2017 City manager suspended the Citizen Review Panel due to a lack of contract with the Austin Police Association. 2018 2020 Austin established the Community Police Review Commission. (New) Community Police Review Commission CPRC The CPRC's role is purely advisory. It is not a government body. Utilize community feedback to help advise Austin Police Department (APD) on what practices they ought to start, stop, continue, or change​. Make fair, objective, public recommendations to the Chief of Police.​ Assess critical incident police misconduct cases. Vision statement We envision all Austin communities having transparent, fair, thorough, and effective public safety processes and policies. Mission statement The Community Police Review Commission listens to and promotes the community’s voice in policing and public safety in Austin. We champion conduct, practices, and policies centered in dignity and equity. About Us We are a diverse volunteer team dedicated to see the Austin Police Department reflect the values of the community. We are committed to impartial incident review and represent the voices of numerous communities in the Austin area. 2020-2021 Community Police Review Commission Jesssica Gonzales -Bricker | Ryan Carlino | Elizabeth Castaneda Joao Paulo Connolly | Erica Flores | Sukyi McMahon (Vice-chair) Tania Rosamond | Amani Seay (Chair) | Richard Segovia | Grayson Turner Commissioner Guidelines Members of the CPRC shall not: • publicly comment or make statements related to a critical incident case. • publicly comment on the specifics of pending investigations prior to a commission decision. • publicly express agreement or disagreement with the final disciplinary decision of the Austin Police Chief, other than as set forth in the written recommendation. • reference an Austin Police Department officer by name or give away any confidential information. • conduct public meetings as a hearing or trial. • gather evidence, contact or interview witnesses, or otherwise independently investigate a complaint. • subpoena witnesses and there is no administrative requirement that a Police Officer appear or present evidence to the CPRC. For more information read the Meet and Confer Agreement between the City of Austin and the Austin Police Association became effective November 15, 2018. Article 16, Section 4, pages 50–55 What is Police Misconduct? Violations of APD Employee Conduct Internal Affairs (IA) will investigate related general order violations, misconduct or improper job performance. Internal Affairs classifies the complaint according to APD policy and employee manual. There are 4 different levels: Class A,B,C, D Class A complaints include, but are not limited to: • Criminal conduct • Serious policy violations Cases Subject to Review by Commission • Regarding Officer conduct, the Commission may review “critical incidents.” For more information visit the Office of Police Oversight Complaint investigation process What is a Critical Incident? ▪ Any force resulting in death. ▪ Any force that resulted in a substantial risk of death. ▪ Any intentional firearm discharge at a person, vehicle, or structure regardless of injury. ▪ Any unintentional firearm discharge resulting in another person’s injury or death. ▪ In custody deaths. ▪ Any force that resulted in serious bodily injury requiring admittance to the hospital, beyond emergency room treatment and release. ▪ Use of an impact weapon and improved weapons that strikes the head of a subject resulting in serious bodily injury or death. ▪ The utilization of the Precision Immobilization Technique when serious bodily injury or death occurs. CPRC Incident Review Process During the IA investigation the CPRC attends the subject officer interview and the subcommittee reviews the case information Once the IA investigation is complete, the OPO and the CPRC coordinate the review process and briefing of commission members The CPRC puts cases on the public monthly meeting agenda and will review the case in a public session to receive community input. CPRC will review the facts of the case in a private session during which the CPRC is briefed by the Director of the OPO and/or an IAD representative Finally, the CPRC will deliberate and take possible action in a closed private session​. The CPRC’s written recommendations explain the Commission's issues(s) or concern(s) and shall be made public. Recommendations & Reporting CPRC can publicly release its recommendations on the following:​ • Further investigation by the Department is warranted; • Department policies warrant review and/or change; • A non-binding recommendation on discipline, limited to cases involving a “critical incident” as defined in Article 16; • Changes to the training of Officers; • Changes to any other practice or procedures of the APD; or ​ • Any other recommendations that are based off information that is publicly available​ Public Release of Information • Recommendations that shall be subject to public release in their entirety only after the Police Chief’s final disciplinary decision as to the subject Officer(s), regardless of whether discipline is imposed include:​ • Non-binding recommendations on discipline in a case involving a critical incident • The body of a final report (but not exhibits) prepared by an investigator who conducts an Independent Investigation authorized by the Chief of Police or City Manager concerning police conduct, whether or not recommended by the Commission • A CPRC report setting forth the Director of the OPO’s/CPRC's conclusions and recommendations after its review of any Independent investigation. • Recommendations that APD policies warrant review and/or change shall be released in their entirety upon delivery to the Chief of Police. • Recommendations that further investigation by the Department is warranted shall be released in their entirety only after the Police Chief’s final disciplinary decision as to the subject Officer(s), and only if the Police Chief imposes discipline. How to Get Involved • CPRC monthly public meetings are on the 1st Monday of the month. • Our agenda must be submitted at least 5 days prior to our monthly meeting. • We can only deliberate and take action on items listed on the agenda. • Community members will need to use the speaker sign-up card and list the agenda item they wish to address. • Each speaker will be limited to three minutes and to addressing the topic they've signed up for. • The Commission cannot use public meetings as a forum to gather evidence, interview witnesses, or otherwise independently investigate a complaint. • Any community member who indicates that they have new or additional evidence concerning the case shall be referred to the Chief of Police or his designee. Meeting Conduct Website: ATXpolicecommission.org Email: cprc@austintexas.gov Phone: 512.974.9000 If you are a part of a community group or organization and you want share your research, idea or collective opinion on police policies and recommendations you can reach out via email.​ To request information or a presentation from the CPRC please reach out via email. Get more info
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