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The Case for an Independent Police Accountability System 2.1.17 FINAL

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<strong>The</strong> <strong>Case</strong> <strong>for</strong> <strong>an</strong> <strong>Independent</strong> <strong>Police</strong> <strong>Accountability</strong> <strong>System</strong>: Tr<strong>an</strong>s<strong>for</strong>ming the Civili<strong>an</strong> Review Process in Rochester<br />

12) Four (4) members of the Board shall be elected by the public to represent each<br />

district of the City.<br />

13) <strong>The</strong> Board shall provide <strong>for</strong> voting in subsequent elections via the internet as the<br />

Board sees fit.<br />

14) <strong>The</strong> provisions of Article 23-a of New York State Correction Law shall apply to <strong>an</strong>y<br />

election or appointment to the Board.<br />

15) <strong>The</strong> provisions of Article 2, Section 5 <strong>an</strong>d Article 3, Section 30 of the Public Officers<br />

Law of the State of New York, regarding vac<strong>an</strong>cies, shall apply to all members of the<br />

Board.<br />

Section Six. Appointment, Election, Vac<strong>an</strong>cy, <strong>an</strong>d Removal.<br />

1) Appointments to the Board shall be made as follows:<br />

a) One (1) member shall be appointed by the Mayor. When <strong>an</strong> appointment by the<br />

Mayor has not been made, <strong>an</strong>d a vac<strong>an</strong>cy exists <strong>for</strong> more th<strong>an</strong> sixty (60) days<br />

from the date of the notice of vac<strong>an</strong>cy provided to the Mayor by the PAB<br />

Administrator or Chair, such appointment to fill the board vac<strong>an</strong>cy shall be made<br />

by City Council.<br />

b) Four (4) members shall be appointed by the City Council, with each district<br />

Councilmember nominating one member who lives in the district they represent.<br />

c) If <strong>an</strong> appointed member moves out of City, they must resign immediately.<br />

d) Should a Councilmember fail or refuse to nominate a prospective member of the<br />

Board, <strong>an</strong>d a vac<strong>an</strong>cy exists <strong>for</strong> more th<strong>an</strong> sixty (60) days from the date of the<br />

notice of vac<strong>an</strong>cy provided to the Council by the PAB Administrator or Chair,<br />

then the Council as a whole may make such <strong>an</strong> appointment.<br />

e) When the Board vac<strong>an</strong>cy has existed <strong>for</strong> at least sixty (60) days from the date of<br />

the notice of vac<strong>an</strong>cy provided to the City Council <strong>an</strong>d/or the Mayor by the PAB<br />

Administrator or Chair, <strong>an</strong>d the City Council has not acted to make <strong>an</strong><br />

appointment to fill that vac<strong>an</strong>cy, the Board, by a simple majority, shall have the<br />

right to nominate person(s) <strong>for</strong> review <strong>an</strong>d appointment by the City Council.<br />

2) Elections to the Board shall be made as follows:<br />

a) Four (4) members shall be elected by the residents of the City of Rochester,<br />

representing each district of the City, as well as two (2) at large elected seats,<br />

serve on the Board.<br />

(i) C<strong>an</strong>didates <strong>for</strong> the Board shall be elected in a non-partis<strong>an</strong> election every<br />

four (4) years at the same time <strong>an</strong>d place that elections regularly occur.<br />

(ii) <strong>The</strong> signature requirement to be nominated on the ballot <strong>for</strong> election as a<br />

district Board member shall be 300 signatures of the residents within the<br />

district in which they live.<br />

(iii) Elected Board members may not serve more th<strong>an</strong> two (2) consecutive<br />

terms.<br />

(iv) <strong>The</strong> nominating petition shall state that the c<strong>an</strong>didate seeks nomination<br />

to election to the <strong>Police</strong> <strong>Accountability</strong> Board from the district in which<br />

66<br />

B. Lacker-Ware & T. Forsyth

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