Document of Interest Provided By Councilmember Hamann on Civilian Review Boards

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Wednesday of every month except August, PRC serves as a public forum at which citizens can express concerns about police policies and procedures. The meetings, announced in advance to the press, usually last about 90 minutes and draw as many as 30 residents and media if there is a controversial issue of community concern. An IA investigating sergeant attends every PRC general meeting. At the meetings, the PRC chairperson asks for public comment, subcommittees (e.g., on community outreach) give reports, and new business is taken up. Barbara Attard gives a report on the number of new cases filed since the previous meeting and identifies cases that she recommends be closed administratively. She may invite a police unit (e.g., domestic violence, bicycle) to come to describe its activities. PRC’s charter also requires it to hold special public hearings at the request of board members or voters to air controversial matters related to allegations of police misconduct. Policy recommendations Either as a result of a public meeting or because of specific citizen complaints that PRC has heard, board members and Attard recommend changes in department policies and procedures. In the wake of riots in a local park in 1991, which resulted in over 30 complaints to PRC alleging officer misconduct, the city council directed PRC to review and make recommendations on “all aspects of crowd control policies at large demonstrations.” After study and deliberation, PRC recommended 12 specific changes that the department later implemented (see chapter 3, “Other Oversight Responsibilities”). Staffing and budget Each of the nine city council members appoints one PRC board member. Board members may serve indefinitely until the appointing city council members replace them. Most serve 5 or 6 years; four have served for at least 10 years. Board members select one of their members to a 1-year nonrenewable term as chairperson. The city manager appoints the PRC officer and provides an investigator. Officially, the PRC officer and investiga- tor are the city manager’s staff. However, the public sees them as acting as the PRC commissioners’ staff. The city manager in effect delegates his role in supervising PRC to the PRC officer. Two office assistants complete the staff. PRC’s budget for fiscal year 1998–99 was $277,255 (see exhibit 2–4). Until 1998, the budget declined steadily for several years, along with a reduction in staffing levels from six full-time equivalents (PRC officer, two investi- gators, three clerical support) in 1992 and 1993 to four full-time staff (two professionals and two clerical sup- port) in 1997. Distinctive features Berkeley’s oversight procedure is unusual in that the over- sight body and the police department investigate many complaints simultaneously and independently, rather than sequentially. The system has other interesting features. • Because the police department’s IA unit and PRC conduct parallel investigations, if a citizen files a com- plaint with PRC, the case has the benefit—but incurs the expense—of two separate investigations. • Although PRC must refer all complaints that citizens file with the board to the police department for simul- taneous investigation, internal affairs does not refer cases routinely to PRC. While the PRC ordinance requires IA to refer all its complaints, State law makes citizen complaints filed with IA confidential. As a Budget Item Funding Level Employees $180,713 Employee education program 586 Fringe benefits 70,659 Stipend–police commission 12,390 Office equipment/furniture 2,895 Facilities maintenance 410 Building and structure 1,120 Telephone 1,761 Pagers 103 Central duplicating 680 Supplies/accessories 2,408 Postage 1,045 Workers compensation 2,485 Total $277,255 C ITIZEN R EVIEW OF P OLICE: APPROACHES AND I MPLEMENTATION 25 EXHIBIT 2–4. BERKELEY POLICE REVIEW COMMISSION BUDGET,FISCAL YEAR 1998–99