The Case for an Independent Police Accountability System 2.1.17 FINAL

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The Case for an Independent Police Accountability System: Transforming the Civilian Review Process in Rochester The totals of Table 2 are summarized in the chart below: TABLE 2 CHIEF OF POLICE FINDINGS for CITIZEN COMPLAINTS RE: ALLEGATIONS OF FORCE ALLEGATIONS SUSTAINED EXONERATED UNPROVABLE UNFOUNDED NO FINDING OR OFFICED PENDING Years Total # % # % # % # % # % # % 2002 107 2 2% 23 21% 43 40% 26 24% 13 12% NA NA 2003 152 8 5% 23 15% 85 56% 23 15% 13 9% NA NA 2004 95 2 2% 20 21% 62 65% 10 11% 1 1% NA NA 2005 108 7 6% 16 15% 25 23% 15 14% 7 6% 38 35% 2006 97 2 2% 11 11% 27 28% 14 14% 8 8% 35 36% 2007 110 1 1% 8 7% 10 9% 1 1% 15 14% 75 68% 2008 71 0 0% 0 0% 0 0% 0 0% 18 25% 53 75% 2009 85 0 0% 2 2% 0 0% 2 2% 7 8% 74 87% 2010 69 0 0% 4 6% 1 1% 0 0% 4 6% 60 87% 2011 70 0 0% 6 9% 15 21% 2 3% 12 17% 35 50% 2012 64 0 0% 5 8% 3 5% 4 6% 8 13% 44 69% 2013 69 0 0% 2 3% 17 25% 0 0% 6 9% 44 64% 2014 49 1 2% 7 14% 12 24% 10 20% 5 10% 14 29% 2015 27 0 0% 5 19% 6 22% 4 15% 1 4% 11 41% TOTAL 1173 23 2% 132 11% 306 26% 111 9% 118 10% 483 41% 41% 26% 2% 11% 9% 10% According to PSS annual reports, the number of civilian-initiated complaint allegations decreased from a total of 107 allegations in 2002 to a total of 27 in 2015. Between 2002 and 2007, the number of allegations ranged from 95 to 152. From 2008 to 2013, the range was 64 to 85; then 2014 saw a sharp drop to 49 and an even sharper drop to 27 in 2015. 22 B. Lacker-Ware & T. Forsyth
The Case for an Independent Police Accountability System: Transforming the Civilian Review Process in Rochester What has caused this drop in complaints? Are the police using less force? We believe not. In fact, based on anecdotal evidence, we surmise several reasons for the drop in civilian complaints. First, in recent years, cell phone videos have demonstrated that police officers all over the country have engaged in unnecessary, unlawful, and even deadly use of force with little disciplinary penalty or consequences for the officer. Nationwide, police use of force is either more prevalent or more visible, or both. Secondly, the process used to investigate a complaint in Rochester is quite often unsatisfactory for the civilian. If complainants have criminal charges pending against them (usually disorderly conduct, obstructing government administration and/or resisting arrest) they are encouraged by PSS not to file the complaint until after the criminal charges have been adjudicated to protect their Fifth Amendment rights. This delay can be problematic, however, because officers cannot be disciplined for complaints that are filed more than 18 months after the incident. Many people have lost faith in the process and don’t utilize it. Complainants have told us it is a “waste of time,” and even a “hoax” that does not deliver any sense of accountability. 53 For example, in Rochester: Even though PSS and Civilian Review Board (CRB) public descriptions of the process state that civilians can make their complaints at the Center for Dispute Settlement (CDS), this description does not include the information that they still have to be interviewed by the PSS, who are the police. The PSS “interview” is conducted by uniformed officers at a police facility, in a room that looks like an interrogation room, and in a way that often feels to the complainant like an interrogation. 54 Complainants do not have any interaction with the Civilian Review Board, only with PSS, and all follow-up usually consists of a letter from the RPD containing the Chief of Police’s findings. The wait between filing of the complaint and the conclusion of the investigation is very lengthy, with very little communication from PSS. There is a lack of transparency in the process, and even if the complaint is sustained, the complainant never learns what, if any, discipline was administered. During the time that the complaint is being processed, the officer is usually still on the street, patrolling the same area in which the incident happened. Complainants have been harassed by the officers against whom they have lodged complaints, both during the complaint process and after it has concluded. 55 Lawyers who might encourage their clients to use the process often choose not to do so, as stated by one attorney: “I haven’t had any clients go to PSS. If I did, I’d accompany them. I’m somewhat conflicted because the only way to make the B. Lacker-Ware & T. Forsyth 23
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