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A~bany NY: limesunion.¢om: news hltp wxvx~ es n o c /AspSlories/slory.asp?stoDKc~, 3b022&calegor~ C
~ By ELIZABETH BENJAMIN, Staffwriter
~.....:.:..... ................ First published: Wednesday, June 21,2000
Public speaks out on
review board ·
Albany -- Independent investigation sought;
decision on legislation could come next week
A two-hour public hearing Tuesday saw residents
once again call for independent investigation of
complaints against the police.
Gora,,/eh
Meanwhile, members of the Common Council's Learning
Public Safety Committee said they may make a Sl/ste ms.
decision on civilian review board legislation as early ]ll ~:.
as next week. -
The committee will most likely come up with several
amendments to a mayor-supported proposal,
members said, although they could not elaborate on
what changes would be made. The committee will
meet again at City Hall at 6 p.m. on Tuesday to
consider the three pieces of review board legislation
now pending before it.
"We've heard the same thing tonight that we've heard
for the past six months -- the words independence
and investigative power," said Council Member and
committee Chairwoman Carolyn McLaughlin. "If we
don't give the people a semblance of what they've
asked for, we're telling them that we don't care about
what they think."
McLaughlin last week issued a memo outlining
recommended changes to the review board proposal
that was unanimously approved in April by a
mayor-appointed task force -- of which she was one
of nine members. Her suggestions include employing
an executive director who would receive and process
all complaints for the board, and g ving the board the
power to conduct independent investigations and
compel witness testimony.
Counc Member Thomas Nitido, who also sits on the
Iof2 6t21 009:04AM
Public Safety Committee, said that any changes will
be the result of negotiation and may not go as far as
some would like.
"On divisive issues, we have to accommodate
opposing views, not let one side batter the other until
they get exactly what they want," he said.
Roughly 35 residents and activists attended the
public hearing Tuesday night. Many who have
spoken at almost every police review forum came to
reiterate their belief that the board will not gain
citizens' trust unless it has investigatory power. The
mayor-supporte&proposal continues to rely on the
police department to investigate complaints.
"We all concede that a police officer has a hard job;
so do I," said Karen Salih, president of the
Community Organization for Radical Action. "But if
I break rules and laws, 1 will be investigated by
others not associated with me in my job. And I will
not be allowed to investigate myself or be selective in
what I want investigated."
A recent proposal by Mayor Jerry Jennings to let an
independent observer selected by the review board
watch as police investigate allegations of civil rights
violations or excessive use of force was panned by
several speakers.
"It's only a first step," said Courtney Burke, speaking
on behalf of the Albany County League of Women
Voters. "But it doesn't change that the board would
be powerless and able only to do retroactive reviews
(of complaints)."
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2 of 2 6/21/00 9:04 AM
,-- By ELIZABETH BENJAMIN, Staffwdter
? "'~------- First published: Friday, June 16, 2000
Jennings backs board
observer
Albany -- Mayor shifts position on altering
police review panel t ~
Bowing to criticism that the civilian police review ,
board he supports wouldn't be independent enough,
Mayor Jerry Jennings on Thursday suggested adding
investigation of complaints alleging civil rights ~~
violations and excessive use of force. ~..~
This paid observer would be selected by the review
board from a rotating panel of attorneys,
investigators and former judges approved by Albany
Law School's Government Law Center. CLARK MUSIC
"The community has the right to know what we're
doing right from the start when complaints of this
magnitude are made," Jennings said.
This is a departure from the mayor's past position,
which, until this year, was to oppose changes in the
existing Community/Police Relations Board, which
i has been criticized for being powerless.
Police Chief John C. Nielsen said whoever is chosen
as an observer by the review board would be allowed
to sit in on Office of Professional Standards
~nvestigations from beginning to end The observer
would then be able to brief the board on the process
and bring any problems to the ch;eft
"1 think our investigations are good, there's nothing
;we're trying to hide," said Nielsen. "Having an
observer is clearly necessary to getting consensus on
this issue"
Activists who have criticized the mayor-supported
proposal, which continues to rely on the police
department for the investigation of complaints, said
this new amendment is a step in the right direction,
but it still doesn't go far enough.
"This is better than what he has, but it would be nice
if he went a little further and gave the board the
power to investigate complaints itself," said Mice
Green, executive director of the Center for Law &
Justice. "I'm happy to hear he is thinking about how
to make the process more open and independent."
Louise Roback, executive director of the Capital
Region Chapter of the New York Civil Liberties
Union, said the a[nendment doesn't change the basic
structure of the proposed review board, which she
does not consider powerful enough. The board
would still have to rely on the subpoena power of the
Common Council to compel witness testimony if it is
unsatisfied with the police department's investigation
as well as additional review by the mayor and the
police chie£
The review board could only ask to use the council's
subpoena power to investigate allegations of civil
rights violations or excessive force by the police.
Officials would reserve the right to suspend these
investigations if the city or police department seemed
in danger of being sued by complainants.
Jennings on Thursday again issued a call for
opponents of the proposed board to "give it a chance
to work."
"I'm tired of the rhetoric, of people saying this isn't
real and their way is the only way," he said.
There are now three proposals on civilian police
review pending before the council's Public Safety
Committee. Council Chairwoman Carolyn
McLaughlin, who also authored one of the pending
bills said she could not comment on mayor's
proposed amendment because she had not yet seen it.
The committee will hold a public hearing at 6 p.m. on
Tuesday in the Common Council chambers at City
Hall.
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6/16/00 8:43 AM