Citizen Review Panel Task Force

Table of Contents

Executive Summary Final

CRP Final Report Tabs

Proposed Revisions to the Current IRP Policy Procedures

CITY OF VIRGINIA BEACH INDEPENDENT CITIZEN REVIEW BOARD

POLICY AND PROCEDURES

I. PURPOSE

It is the purpose of the Independent Citizen Review Board (“Board”) to ensure that

reports and conclusions of the Police Department’s Internal Affairs Office investigations

involving abuse of authority or other serious misconduct are complete, accurate, and factually

supported. To that end, the Board shall have the authority to review these findings, to the extent

provided for herein, (1) when a complainant is dissatisfied with such an investigation and

requests an independent review, or (2) when the Board identifies, for any reason, an Internal

Affairs investigation they believe warrants an independent review.

The Board may at anytime, whether in conjunction with an investigation review or

otherwise, also review and make recommendations to the Police Chief and/or City Manager

regarding any existing or proposed Police Department policies or procedures.

Board hearings shall not be considered civil or criminal proceedings, but independent

reviews of administrative investigations concerning the performance of sworn police officers.

All Board hearings shall be properly advertised in advance and open to the public;

provided, however, that in the discretion of the Board for good cause shown, a hearing may be

closed upon the request of a party to protect the privacy of individuals such as juveniles and

victims of sexual assault. Also, Board deliberations may be conducted as provided for in

subsection IV.CB.2.b.(2) below, but the Board’s decision shall be announced in public once

they have concluded their deliberations, as well as posted on the Board’s website.

II. APPLICABILITY

This Policy shall be applicable to all sworn police officers of the City.

III. COMPOSITION

1. Number and Method of Appointment: The Board, whose members shall be

reflective of the diversity of the City’s population, shall be comprised of eleven (11)

members, and two (2) non-voting members with 15 years of law enforcement

experience with investigative experience preferred, who shall be appointed by the City

Council. No individual shall be nominated or appointed if any of the disqualifiers set

forth herein apply to that individual. Appointees shall be eligible to vote, reside in the

City of Virginia Beach and reflect the racial, gender/gender identity, and socio-

economic diversity of the City’s population, and shall be chosen on the basis of

expertise and experience in fields relevant to the performance of the duties of the

Board. At least two (2) voting members of the Board shall be under the age of forty

(40). No voting or non-voting Board member may be a current City employee.

However, voting members may be former City employees if honorably separated from

service for at least five (5) years.

Staff: The City Manager will designate an existing staff member or hire from a pool of

Independent Citizens Review Board vetted applicants, a Board Coordinator. The Board

Coordinator may monitor investigations, and will conduct trend analysis, and coordinate

community outreach with applicable City staff. City staff and resources will be made available

to the Board Coordinator as appropriate so as to facilitate the execution of duties.

2. Disqualifiers: No person may serve on the Board, in either a voting or non-

voting capacity if any of the following apply: public office holder or candidate for such

office; employed by, or immediate family member of someone employed by the City;

current employee of any law enforcement agency; convicted felon (unless rights have

been restored AND felony conviction did not involve moral turpitude, sex offense,

domestic assault, offenses involving children as victims, gun violations or any crime of

violence as defined in Section 18.2-288 of the Code of Virginia); any misdemeanor

conviction involving moral turpitude, sex offense, domestic assault, or offenses

involving children as victims or gun violations; currently or previously subject to a

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protective order; less than honorable discharge from the military; multiple DUI

convictions within 10 years; any pending criminal charges/adjudication; outstanding

judgements; pending litigation against the City by appointee or immediate family

member; or pending litigation against a law enforcement officer by appointee or

immediate family member. Any appointee shall promptly self-report changes in

circumstances that may cause him or her to be disqualified.

3. Conflict of Interest: No appointee shall be an officer or employee of the City,

or an immediate family member, as defined by the Virginia Conflict of Interests Act, of

any officer or employee of the City. Should a matter come before the Board in which a

member of the Board’s personal interests may influence his or her ability to hear an

issue or case in an impartial manner, that member shall abstain from participating

therein, including hearing and/or discussing the particular matter. The Board member

shall indicate to the Chairperson the existence and nature of the conflict, and thereafter

the Board member shall be excused from hearing and/or participating in the matter.

4. Term: Of those voting members initially appointed, four (4) will be appointed

for terms of three (3) years, four (4) will be appointed for terms of two (2) years, and

three (3) will be appointed for a term of one (1) year. Of those non-voting members

initially appointed, one (1) will be appointed for three (3) years and one (1) will be

appointed for two (2) years. Thereafter, all appointments shall be for terms of three (3)

years. Both voting and non-voting members may be re-appointed for no more than one

(1) consecutive term.

5. Removals and Vacancies: Members of the Board serve at the pleasure of the

City Council. Members shall be removed for a) missing two (2) consecutive meetings of

the Board without appropriate excuses delivered to the Chair of the Board within a

reasonable period of time, b) repeated failure to perform Board member duties, to

include completion of any assigned training, c) violation of the Standards of

Professional Conduct or confidentiality agreement, or d) a post-appointment change in

facts or circumstances which would have caused the member to have been disqualified

from being appointed. The Chairperson shall notify the City Clerk if any member meets

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the removal requirement, and the City Clerk shall in turn notify City Council that their

review and action may be warranted. Any vacancy occasioned by resignation, death or

removal of a member will be filled for the unexpired term by appointment by the City

Council.

6. Chairperson and Vice-Chairperson: At the first meeting of the Board, the

members shall elect a chairperson and/or vice-chairperson from among themselves.

Thereafter, a new Chairperson and Vice-Chairperson shall be elected annually at the

meeting of the Board falling closest to the anniversary date of the previous

Chairperson’s election. If either the Chairperson or Vice-Chairperson resigns or

otherwise is no longer a member of the Board, the Board shall elect another Board

member to serve the unexpired term of the departing officer. The Chairperson shall be

the Board’s official spokesperson and shall act as liaison between the Board and the

City Manager. The Vice-Chairperson shall serve in the absence of the Chairperson and

as otherwise provided herein.

7. Training: The City Manager shall cause the development of Standards of

Professional Conduct for Board members, as well a comprehensive training program for

all appointees to the Board. Before assuming office and prior to beginning their duties,

each member shall be required to agree to adhere to the Standards of Professional

Conduct and complete a basic course of training, including but not limited to relevant

scenario-based and lecture-based courses at the Virginia Beach Police Academy,

instruction in constitutional and criminal protections, attending the Citizen’s Police

Academy, and ride-alongs with members of the Police Department assigned to

patrolling the City. Until such time as all Board members have agreed to (signed) the

Standards and have completed the training, the existing Investigation Review Panel

(IRP) shall continue their current role. Completion of annual refresher training,

including ride-alongs, as established by the City Manager, Chief of Police and City

Attorney, shall also be required.

8. Quorum: Seven (7) voting members shall constitute a quorum. However, a

majority vote, i.e., six (6) votes of eleven (11) voting members, shall be required for an

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action to be taken, with the exception of certain items for which the policy requires a

higher vote threshold.

9. Meetings: The Board shall meet as often as necessary to conduct its business in

a timely manner that is responsive to citizen complainants and provides for the

compliance with time constraints set forth herein. Public notice of meetings shall be

given by the Department of Human Resources at least forty-eight (48) hours in advance

of the meeting.

IV. AUTHORITIES, DUTIES AND FUNCTION

A. JURISDICTION OF BOARD

1. Citizen Request for Review: The Board shall, upon the request of any citizen

who has filed a formal complaint with the Police Department, Board Coordinator or

City Manager’s Office regarding the conduct of a sworn member of the Police

Department, and who has received from the Police Department a disposition letter

regarding such complaint, conduct an independent review of the findings of the Police

Department’s Internal Affairs Office investigation into that matter, with the following

exceptions:

a. The Human Resources Director or designee shall provide copies of the

citizen’s request for a review along with the complete Internal Affairs

investigative file, other than those that meet the criteria of subsections b., c.,

and d. immediately below, to the Board.

b. The Human Resources Director or designee, in consultation with the Police

Department, and if needed, the City Attorney’s Office and Commonwealth’s

Attorney’s Office, shall determine if a complaint concerns matters which are

the subject of pending criminal proceedings. If so, the Human Resources

Director or designee shall send a letter to the complainant, informing the

complainant that the complaint is being deferred indefinitely pending

resolution of the criminal proceedings. The letter shall provide the

complainant with appropriate contact information so the complainant may

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contact the Human Resources Department once the criminal proceedings

have concluded and request a hearing at that time. The letter shall advise the

complainant that any such request for a Board hearing must be made no later

than thirty days after the conclusion of the criminal proceedings, including

any appeals.

c. The Human Resources Director or designee, in consultation with the City

Attorney’s Office, shall determine if a complaint concerns matters which are

the subject of pending civil proceedings. If so, the Human Resources

Director or designee shall send a letter to the complainant, informing the

complainant that the complaint is being deferred indefinitely pending

resolution of the civil proceedings. The letter shall provide the complainant

with appropriate contact information so the complainant may contact the

Human Resources Department once the civil proceedings have concluded

and request a hearing at that time. The letter shall advise the complainant

that any such request for a Board hearing must be made no later than thirty

days after the conclusion of the civil proceedings, including any appeals.

d. The Human Resources Director or designee shall determine if the complaint

concerns discipline covered by the City’s Disciplinary Policy and Procedure

and Grievance Procedure. If so, the Director or designee shall inform the

complainant in writing that such discipline is not subject to review by the

Board.

2. Other Mandated Reviews: The Board shall conduct an independent review of any

Internal Affairs Investigation into the death or serious injury of any person as a

result of police action, subject to the provisions in IV. A. 1. b, c and d above.

3. Board and Administration Initiated Reviews

a. The Board may direct the Board Coordinator to conduct real time passive

monitoring of any ongoing Internal Affair’s investigation into a citizen

complaint, obtain updates and report those findings to the Board to the

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extent that it allows the Board to update the community as to the progress of

the investigation (number of witnesses interviewed to date, number of

anticipated further witnesses to contact, delays encountered/anticipated,

etc.).

b. The Board may, upon notice to the involved citizen, self-initiate an

independent review of any completed Internal Affairs investigation of a

citizen complaint except in those cases exempted in IV. A. 1. b, c, or d

above.

c. The Board may self-initiate an independent review of any completed Internal

Affairs investigation into any incident that rises to their attention and that, by

majority vote of the full Board, they decide warrants Board review except in

those cases exempted in IV. A. 1. b, c, or d above. The Board may initiate a

review due to any number of factors, including public response to a police

incident or investigation.

d. The Board may conduct an independent review of the completed Internal

Affairs investigation into any citizen complaint at the request of the City

Manager or the Chief of Police except in those cases exempted in IV. A. 1. b,

c, or d above

e. The Board may also self-initiate an independent review of any proposed or

existing policy or practice of the Police Department, as well as conduct such

a review at the request of the City Manager or Police Chief.

4. Community Outreach and Education

a. The Board chairperson and vice-chairperson, with assistance by other Board

members, the Board Coordinator and support from City Staff, shall develop

a strategic communications plan in order to promote the existence, purpose/

jurisdiction and processes of the Board to the community at large in an effort

to create broad awareness of the Board’s powers as another mechanism to

ensure accountability and transparency regarding the actions of Police

Department members. Outreach and education efforts should be persistent

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and may include: being available for interviews, appearances on various

media, speaking to civic groups, website upkeep, development/distribution

of brochures and social media presence.

B. PROCEDURE

1. Independent Review Process:

a. The Police Department shall inform the complainant of Internal Affairs

Office investigative findings by mail to the most recent address provided by

the complainant, and shall provide a brochure explaining the Virginia Beach

Independent Citizen Review Board Process and a Request For Review Form.

At the same time Internal Affairs notifies the complainant, they shall also

notify the Human Resources Director or designee, who shall promptly send a

subsequent notification and Request For Review Form to the complainant.

b. The Request for Review Form submitted by a complainant shall include

identifying information, a statement describing the nature of the original

complaint and/or allegations, the reasons for the requested review and

supporting evidence, and a complete list of the names, addresses, and

telephone numbers of all known witnesses.

c. Requests for review shall be made in writing, addressed to the Director of

Human Resources and shall be delivered or postmarked within

ninety (90) calendar days from the date the Police Department Internal

Affairs Office investigative findings are mailed to the complainant. The time

for filing may be extended by the Board for good cause shown.

d. The Director of Human Resources shall cause an acknowledgement of

receipt and acceptance of the Request for Review to be sent to the

complainant within five (5) working days of such receipt.

e. Unless a majority of the members present at the meeting vote to waive the

requirement, no written material, recordings or videos shall be considered by

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the Board which was not made available to the Board at least five (5) days

prior to the hearing.

2. Hearing:

a. Upon notification by the Independent Citizen Review Board that the Board

is going to conduct a review of a particular Internal Affairs Investigation, the

Police Department’s Internal Affairs shall provide the Human Resources

Director or designee a complete copy of the relevant investigative file for

distribution to the Board. No subpoena or other legal process shall be

required for the Board to obtain the complete file from the Police

Department. Absent extenuating circumstances, the Board shall, within thirty

(30) calendar days of receipt of the complete Police Department

investigative report and file, conduct a hearing to review the departmental

investigation. The Human Resources Director or designee shall send

notification of the date and time of the hearing to Board members, the Police

Department’s Internal Affairs Office, the City Attorney’s Office, and the

complainant. Board review hearings shall be recorded and records

maintained by the Department of Human Resources in accordance with the

Library of Virginia Records Retention and Disposition schedule.

b. At the hearing, the complainant shall state the specific reason(s) for the

request for review, present supporting evidence, and provide statements

pertinent to the allegation as stated on the Request For Review Form.

Information not listed on this form cannot be presented at the Board Review,

except as deemed appropriate by the Board. Upon completion of the

complainant’s statement, a Police Department representative familiar with

the investigation shall present all findings of fact and a review of all

evidence collected and received, including witness statements, subject to the

following limitations:

(1) The statement of any police officer who was required by the

Department to give a statement under the provisions of Garrity v.

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New Jersey, 385 U.S. 493 (1967) shall not be revealed in public.

The Board shall have confidential access to the entire statement

for the purpose of its review. The Internal Affairs officer

presenting information to the Board may publicly state only that

the officer admitted or denied the allegation, unless the officer

consents to the public release of the entire statement.

(2) The Board may convene in private to deliberate; provided,

however, that any deliberations by the Board which do not address

the alleged improper conduct or performance of duties of a public

officer or employee shall be conducted in an open public hearing.

Neither the Police Department representative nor any Board

member shall reveal the identity of any victim of sexual assault,

unless authorized to do so by the victim, or of any juvenile.

c. Each member of the Board shall, prior to the hearing, be provided access to a

complete copy of the Internal Affairs Office file. Board members shall not

cause additional copies of any portion of such files to be made. The file is

deemed a personnel record and shall not be disclosed nor shall copies be

provided to the public. Such files shall be returned, fuly intact, to the director

of Human Resources or designee at the conclusion of Board proceedings

regarding each particular matter. All recordings of statements prepared in the

course of the Police Department’s investigation shall be made available to

the Board. Prior to providing the file to the Board, the Director of Human

Resources, in consultation with the Internal Affairs Office, shall determine if

the file contains information concerning an identifiable juvenile. If the file

contains such information, the Director of Human Resources shall forward

the file to the City Attorney or designee, who shall redact information that

identifies a juvenile in conformance with the requirements contained in

Virginia Code § 16.1-301 or any successor provision.

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d. The Board, in its discretion, may invite any person previously identified as a

witness to appear at such hearings to answer questions proffered by the

Board.

e. During any Board review of a completed Internal Affairs investigation, the

Board Coordinator may request from the Board an application for a subpoena

to a Circuit Court Judge. Such request shall be made after all good faith

attempts to obtain an interview or documentary evidence are exhausted. To

make a request for subpoena application, the Board Coordinator must

demonstrate necessity; obtain a legal review; prior to any Board vote, counsel

for the Board shall be retained to provide advice regarding the potential

application. Counsel shall be vigilant to advise regarding potential conflicts

and interference with ongoing investigations or those that are contemplated as

well as ethical considerations applicable to any application. The City

Attorney, the Commonwealth’s Attorney and the Internal Affairs Office shall

be afforded the opportunity to express any concerns regarding the proposed

application for subpoena directly to the Board prior to their vote on the matter.

A super majority of the Board will be required to approve any request which

shall be filed by counsel who will be bound by the rules of procedure and

ethics in such application. Any application shall seek specific and relevant

information that cannot be obtained by voluntary means or other recourse.

See Rule Section 4:9 of the Rules of the Supreme Court of Virginia. See also

Code of Virginia Section 9.1-601(D). After such steps, the Board must

approve the application by an affirmative vote of at least 8 members. If the

Board approves the request, then such application shall be made to a Circuit

Court Judge no sooner than five (5) business days after the the Board has

notified Internal Affairs, the City Attorney and the Commonwealth’s Attorney

that such application is to be made.

f. Except in those cases exempted under IV. A. 1. b, c, or d above the City

Manager or designee shall require the attendance and testimony of any

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employee whose appearance is requested by the Board, and shall also require

the production of any relevant documents or other materials in the

possession of the Police Department, or other City departments, therefore

subpoena power is unnecessary for the Board to gain access to City

employees or evidence in the possession of the City.

a. Any person appearing before the Board may be accompanied by

legal counsel such counsel may advise their client regarding

testimony, including response to specific questions, however,

counsel shall not be authorized to participate in the proceedings.

3. Real-time Monitoring Process:

a. Upon notification of an Internal Affairs investigation initiated by citizen

complaint to either the Board, the City Manager, or Internal Affairs, the

Board may direct the Board Coordinator to conduct real-time passive

monitoring of the investigation, based upon severity of the allegation(s).

b. On behalf of the Board, the Board Coordinator will be briefed by Internal

Affairs on investigative approach and anticipated timeline.

c. Periodically or upon request, the Board Coordinator shall provide the Board

updates on the investigation progress and sufficiency.

d. If the Board Coordinator determines an investigation is insufficient before

conclusion, because the complainant or witness has refused to be interviewed

by Internal Affairs, the Board Coordinator may conduct an independent

interview. In advance of any such interview, the Board Coordinator shall

coordinated with Internal Affairs, who may also provide technical advice

where appropriate. All statements, evidence, etc. obtained by the Board

Coordinator will be provided to Internal Affairs.

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C. FINDINGS/RECOMMENDATIONS

1. Findings: In its findings, the Board may:

a. Concur with the findings of the Police Department investigation;

b. Advise the City Manager that the findings are not supported by the

information reasonably available to the Department, setting forth the

Board’s reasoning for this determination; or

c. Advise the City Manager that in its judgment the investigation is

incomplete, setting forth what more the Board believes needs to be done.

Upon a finding by the Board under the provisions of b. or c., the City Manager, upon

consultation with the City Attorney and Chief of Police, shall direct further action as he

deems appropriate.

2. Recommendations: The Board may recommend to the City Manager that a

specific Police Department policy or procedure be revised or amended, setting

forth specifics and the Board’s rationale for the recommended changes.

3. Reporting:

a. The Department of Human Resources shall, within five (5) working days

of the conclusion of the Board’s deliberations, submit a report of the

Board’s findings and recommendations to the City Manager. Thereafter,

the Board shall notify the complainant of the findings and

recommendations of the Board, and a copy of such findings and

recommendations shall be made available to the public in accordance

with the Freedom of Information Act. Additionally, the Police

department must provide a written response to the City Manager for any

findings of the Board under C. 1. b. or c. above, or for any

recommendations of the Board regarding Police Department policies or

procedures within fifteen (15) business days of receipt of the report from

the Department of Human Resources. If it is not practically possible to

provide a full response within fifteen business days, the Police

Department shall inform the City Manager and the Board in writing of

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the specific circumtances that necessitate a delay and shall then have up

to fifteen additional business days in which to provide the final response.

Such written responses from the Police Department shall be provided to

the Board by the City Manager, and shall be made available to the public

in accordance with the Freedom of Information Act.

b. Within ten (10) business days of the end of each quarter, with

staff support, the Board will provide to City Council a summary report of

the Board’s activities for the previous quarter. Additionally, on or before

January 31st of each year, the Board shall, with staff support, provide to

the City Council an end-of-year summary and analysis of its activities

during the previous year. All such reports shall be made available to the

public in accordance with the Freedom of Information Act.

D. BOARD RULES

The Board shall, at its initial meetings, formulate rules of procedure governing its

operations, not inconsistent with this directive.

E. AMENDMENTS

The City Manager may, from time to time after consultation with the Board, amend the

provisions herein.

This policy shall become effective on the date that it is signed by the City Manager.

_______________________________ __________________________ City Manager Date

APPROVED AS TO LEGAL SUFFICIENCY:

_______________________________ __________________________ City Attorney’s Office Date

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APPROVED AS TO CONTENT:

_______________________________ ___________________________ Department of Human Resources Date

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