Regarding the proposal (11370-20) for an Independent Police Review Board of Allegheny County

 
  The proposed legislation for an Independent Police Review Board (IPRB) for Allegheny County to be introduced at the Allegheny County Council meeting on Tuesday, November 24, 2020 is problematic and in need of further revision. We contend that its enactment will result in the supplanting of the original demand for a diverse and representative model with that of an ombudsman model. This supplanting will be achieved not by formal legislation as had been previously recommended by expert testimony (i.e., Ms Beth Pittinger), but rather by the passage and implementation of this legislation.   

We also contend that SECTION 905.12 (6) will continue to provide municipalities, police departments and police union representatives the ‘legal loophole’ for excusing excessive and/or deadly force by police. We recommend that it be either modified or removed.

          The original community demand and vision of a Civilian Police Review Board for Allegheny County was for a diverse board representative of the residents of Allegheny County consisting of members of various races, ethnicities, genders, ages, economic strata and experience with law enforcement and the criminal justice system. This board would be responsible for investigating allegations of police misconduct and abuse within the county and render judgment or recommendations on the matter. The ombudsman model places the full weight of this investigative and decision-making power in the hands of a single person.

          Allegheny County consists of 130 municipalities, 109 of which have their own police departments.

         If this legislation is passed in its current form, what is to be the relationship between the review board and the ombudsman? What is to be the role and function of the review boards executive director, investigative and office staff to the ombudsman? If the present legislation is enacted, the Independent Police Review Board will have the authority to investigate only one police department within the county:  the Allegheny County Police.

          The 109 communities with their own police departments will have the opportunity of opting-into that system voluntarily if they so desire. 

          Would failure to opt-in to the Civilian Police Review Board place a municipality under the jurisdiction of the ombudsman?   If so, an Ombudsman model will have been established in Allegheny County with said ombudsman having jurisdiction over every police department but two:  the County Police and the City of Pittsburgh.

           We believe that most police chiefs would prefer to have to deal with one (1) individual in an investigative capacity (ombudsman) rather than a diverse board of nine (9) community representatives: hence, once again subverting community oversight of the police.

          The current proposed legislation appears to be an end-run to establish an ombudsman model in Allegheny County not de jure (legally) but de facto (social practice).

SECTION 905.12 (6)

          While the Independent Police Review Board should have the authority to pass judgment on the content and adequacy of police training, a finding of "inadequate training" ought to not automatically render officer culpability "irrelevant" as stated in this section of the proposed legislation. The bill should be amended to allow the board the authority to render judgment upon an officer's behavior according to standards of common sense and common morality.

                  By common sense is meant what judgment a normal, rational, adult human being would make about a given set of circumstances.  For example, if a suspect turns his back on an officer and begins to flee in a direction opposite the officer, a normal, rational, adult human being would conclude that the officer is no longer in danger and common sense coupled with common morality or common decency would dictate that it is not appropriate to shoot said suspect in the back. Declaring that you were not trained to not shoot someone in the back or strangle them to death as they gasped for air is inexcusable.

          Sincerely,

Committee for a Civilian-Police Review Board for Allegheny County (CCPRB-Allegheny)

Lou Berry, Co-Chair

Mike Pastorkovich

Khalid Raheem

Zuri Kamaria

November 24, 2020