NEW ERA OF PUBLIC SAFETY - Toolkit.civilrightspolicing

NEWERAOFPUBLICSAFETYAN ADVOCACY TOOLKIT FOR FAIR, SAFE,AND EFFECTIVE COMMUNITY POLICING

ACCOUNTABILITY:OFFICER MISCONDUCTAND DISCIPLINEAccountability is centralto fair policing.Police officers are given extraordinary powers and enormous discretion — the authority to conductsurveillance, to use force, and to deprive individuals of their liberties when justified. But with thispower comes the expectation that officers will exercise their authority appropriately, and thatmisconduct and inappropriate or deficient performance will be identified and addressed. Robustaccountability builds public trust, which, in turn, strengthens communities.62

Key ChallengesLack of transparency:In many jurisdictions, complaints against police officers are private, subject only to internalinvestigation, and discipline is within the sole control of the department’s chief or commander.Lack of trust:Lax accountability erodes trust and confidence in policing, weakens relationships betweenpolice departments and the communities they serve, and undermines legitimacy of lawenforcement and the criminal justice system.Lack of accountability:A lack of accountability for police officers related to the use of lethal or excessive force, racialand ethnic profiling, discriminatory policing practices, and sexual misconduct violates civiland human rights.Lack of oversight:Not every police department has community oversight. Where it does exist, oversightbodies’ authority and power vary. They can have access to information about internal policedepartment investigations, independently investigate and prosecute complaints, impose orrecommend discipline, address systemic issues, and set policing policy and priorities.Unchecked power of police unions:Police unions have a great deal of power to provide protections to officers that limitaccountability or discipline.I am Concerned About . Accountability: Officer Misconduct and Discipline63

Making Changeoutside of police department facilities, suchas community centers, libraries, and othercommunity spaces. Departments shouldalso accept complaints by phone and online.Establish clear policies and procedures.Departments and communities shouldwork together to create clear policiesand procedures for investigating officermisconduct. These policies should addresshow and by whom misconduct complaintsare investigated, and they should specifythat investigations must be based on thenature of the complaint and involve anindependent prosecutor when necessary.Review training programs.Department leaders should periodicallyreview data to identify potential problemsin policing practices and audit training programsto update curricula and improve effectiveness.Require oversight.Departments should accept anonymousand third-party complaints and should notrequire cooperation or a signed affidavitfrom complainants to investigate acomplaint. Complaints where thecomplainant has stopped cooperating inthe investigation should be investigated,nonetheless.Establish clear discipline policies.Departmental policies should delineatedisciplinary actions by type and severityof violation. Departments should usenondisciplinary early intervention systemsto track unlawful officer behavior andaddress officer needs or deficiencies.Oversight of police departments shouldEnsure effective and impartialinvestigations.include independent investigators,Departments should swiftly, thoroughly,monitors, and community/civilian oversightand fairly investigate complaints, usingboards with full investigatory, prosecutorial,nonlaw enforcement personnel withand disciplinary powers, as well as theinvestigatory authority when possible.power to set or recommend changes toClear protocols should be establishedpolicing policy based on complaintfor determining who investigates andpatterns. Oversight bodies shouldprosecutes officer misconduct, includingrepresent all sectors of a community,officer-involved crimes and shootings.including those disproportionatelyimpacted by policing.Collect and publish data.Police departments should regularly publishMake it easy to file complaints.information about complaints filed againstComplaint forms should be available inpolice officers in alternative and accessiblemultiple languages and in alternativeformats. This information should includeand accessible formats, and in locationsthe race, gender, age of complainant,64location, and context of the complaint.

How to Advocate for ChangeEstablish a community/civilian oversight board.Join or create a community/civilian oversight board that monitors police departments and holdsthem accountable. Expand the powers of existing oversight boards or create one if one doesnot exist. Depending on state law, this may require a change in a city charter or state law.Establish strong community oversight of police collective bargaining processes.Oppose provisions in collective bargaining agreements with police unions that undermineor weaken accountability systems.Demand an independent investigator.An independent investigator is an individual or agency outside of the department that isauthorized to oversee or participate in the investigations of individual officers. Communitiesshould advocate for independent investigators to strengthen accountability and transparency.Require an independent monitor/auditor.Demand independent monitors or auditors review your local police department’s overallperformance across uses of force, stops, misconduct investigations, and discipline.Demand publication of data.Demand that your local department and community/civilian oversight board publish data publiclyonline and in alternative and accessible formats.I am Concerned About . Accountability: Officer Misconduct and Discipline65

Talking PointsPolice accountability mechanisms ensure public safety.Public safety depends on effective, transparent, and timely investigation of complaints againstpolice officers, and swift and effective discipline.Accountability improves police-community relations.Department legitimacy is improved when departments hold officers accountable and addresscommunity concerns. This, in turn, improves police-community relations and cooperation.Police departments are accountable to the communities they serve.Community members should be active participants in holding their police departmentsaccountable for undermining public safety.Overcoming OppositionThe Opposition:“Community oversight lowers morale and impedes officers from fighting crime by forcingthem to waste time responding to baseless complaints and investigations by unqualifiedinvestigators. Police departments are best qualified to investigate misconduct internally.”Overcoming the Opposition:“Community oversight provides a necessary check on departments and increases publicconfidence in the integrity of investigations and disciplinary proceedings. Review boardslend credibility to police departments, thereby strengthening community trust.”66

A lack of accountability for police officers related to the use of lethal or excessive force, racial and ethnic profiling, discriminatory policing practices, and sexual misconduct violates civil . and human rights. Lack of oversight: Not every police department has community oversight. Where it does exist, oversight . bodies' authority and .