Stays with review-only model, but with increased accountability and transparency

At its legislative meeting on Tuesday, October 15, The New Rochelle City Council unanimously approved the creation of a Civilian Complaint Review Board (CCRB), a significant and long-debated step towards enhanced police accountability and transparency in a city that has been troubled for years by concerns about police violence, racism, and corruption. 

In line with the recommendation of the CommunityPolice Partnership Board (CPPB), half of whose members are police officers, the new Board will be empowered only to review the New Rochelle Police Department’s internal investigations of civilian complaints against its officers, not to conduct its own independent investigations.  But the final proposal approved by the Council is significantly stronger than the CPPB’s initial proposal in several respects.

Unlike the original proposal, which would have allowed the CCRB to express an “opinion” to the Police Commissioner only after the Commissioner made a final decision on disciplinary action against an officer accused of misconduct, the final proposal requires the CCRB to make disciplinary recommendations to the Commissioner after reviewing the department’s investigation but before any decision is made by the Commissioner, and allows for both majority and minority recommendations if the CCRB is unable to come to a unanimous decision.  While the Commissioner retains the final authority to impose discipline in each case, the Commissioner will be required to report back to the CCRB on that decision and to explain any deviation from the CCRB’s recommendations.

Also, unlike the original proposal, which required CCRB members to observe strict confidentiality and had no provisions for public reporting on individual cases, the legislation requires a full public report on each complaint reviewed by the CCRB.  Each case report will include the initial complaint, all the evidence collected during the internal investigation, the findings and recommendations of the CCRB, the Commissioner’s disciplinary action (if any), and the Commissioner’s explanation for any deviation from the CCRB’s recommendation.  Reports on each case will be published on the city’s website.  The CCRB will also publish a report summarizing its activities every six months.

The new plan also greatly enhances the training that will be provided to CCRB members.  Unlike the training proposed initially, which would have focused almost entirely on police procedures, the final resolution requires training on “the history of discrimination and mistreatment of Black and African-American citizens dating back to the arrival of the first enslaved Africans in America;” “the history of systemic racial bias and disproportionate policing of communities of color in America and elsewhere;” “the history of incidents involving the police in New Rochelle and elsewhere that have resulted in the deaths of unarmed civilians, predominantly Black and African-American men;” and “the history, culture, and concerns of the community served by New Rochelle Police Department, in particular the public’s concern with biased policing and racial profiling.”  This training will be delivered by outside experts selected by the CCRB.

The Council’s decision represents a milestone in the community’s demand for increased local police accountability and transparency dating back to the killing of Kamal Flowers by NRPD Officer Alec McKenna in June 2020.  Community demands for a strong CCRB continued through the worldwide protests over the killings of George Floyd, Breonna Taylor and others in the summer of 2020; the killing of Jarrel Garris by NRPD Detective Steven Conn in July 2023; and the recent suspension of NRPD Lieutenant Sean Kane, whose body camera footage suggested that he attempted to frame Ivin Harper on drug charges by planting a bag of white powder under his car.  In all three local incidents, the police officers involved were white, and the victims were Black men.

At dozens of public hearings and “Citizens To Be Heard” sessions before the City Council over the years, community activists consistently demanded a CCRB with full independent investigative and subpoena powers.   The outgoing City Council decided in December 2023 to accept the CPPB’s recommendation for a review-only CCRB, and the newly elected City Council decided to continue working within this model. 

CCRBs in other cities have often been stymied by lawsuits brought by police unions and by non-cooperation by police departments subject to their oversight.  Dawn Warren, the city’s Corporation Counsel, told the Council that the CCRB proposal is consistent with state law and existing collective bargaining agreements and is expected to withstand any legal challenges.

The new CCRB will consist of seven members, one selected by each City Council member and subject to approval by the full Council, and one appointed by the Mayor.  No timetable has yet been established for the CCRB members to be named or to begin work.  Before the CCRB is fully implemented, the Council must also approve funding to compensate CCRB members for their service and to pay for their training.