AUGUST-SEPTEMBER MEETINGS
POLICE ACCOUNTABILITY BOARD MEETINGSREGULAR BOARD MEETING, AUGUST 18, 2022 OBSERVED BY DEBORAH RICE GORDON
Daniel Cadet, Sr. joined the Board, filling the PAB Alliance seat vacated by Dr. McIntosh. Acting Manager Duwaine Bascoe gave a staff report.
• As of August 11, 142 incident reports were submitted and 64 were assigned to investigators. Information was requested from Rochester Police Department (RPD) for 35 investigations; however documentation has not been provided by RPD to date. Captain Steven Swetman was recently appointed to be liaison to PAB and is working on the requests.
• Ride-along training will be starting within a week. Additional RPD-led training will be scheduled for September and October.
• The Public Affairs Division is working on a community engagement strategic plan for submission to Mr. Bascoe by September 19 and subsequent review by the Board. Meetings have been held with community groups to discuss PAB functions and procedures. In some cases, groups will add PAB information tables, including complaint reporting forms, to their facilities and events. Additional meetings with other groups and agencies are planned for the near future.
• The Policy and Oversight subcommittee is identifying priorities. To comply with legal requirements, a draft disciplinary matrix will be published on September 19. Internal and external workshops will be held to get feedback. In addition, a data transparency review of RPD will be released in October.
• Investigation operations were discussed. SharePoint training will be required of the Board to close out some cases and training has been scheduled. LEP (limited English proficiency) training consisting of two sessions is also required of Board members and needs to be scheduled.
• Mr. Bascoe provided a description of the options available to file a complaint form and the subsequent investigation processes. Complaints should not be sent to Board members directly so that the integrity of PAB processes can be ensured.
The Chair’s report was given by Larry Knox.
• Thanks were given to the PAB Alliance and City Council for their efforts to place Daniel Cadet on the Board. One additional Board seat remains open.
• RPD Database and information access is still not available to the Board despite the Charter requirement. PAB will continue to work on this issue since access is integral to investigations.
COMMITTEE REPORTS
• Rabbi Setel said that media training and a review of meetings law are scheduled for next week.
OLD BUSINESS:
• The public is encouraged to share concerns about the lack of access to RPD databases and other information. • Meetings may be held in person at some point if an appropriate space can be found. Meanwhile, the public is encouraged to send in comments on any issue for follow-up.
NEW BUSINESS:
• Dr. Harrison expressed his desire to have those who die by violence in the city acknowledged by the Board. Arlene Brown suggested that she and Dr. Harrison meet to discuss possible alternatives.
• Dwaine Bascoe mentioned a case for possible closure involving a Monroe County Sheriff rather than RPD. A report number will be needed to close the case and this will be available at the next meeting.
An executive session was held to revisit potential litigation matters involving legal strategy and making the Board’s intent known after which time the meeting was adjourned.
To see a recording of this meeting, go to: https://www.youtube.com/watch?v=JCOpHoNyz5s
REGULAR BOARD MEETING, SEPTEMBER 1, 2022
Duwaine Bascoe gave a staff report.
• Outstanding waivers are needed from Board members to participate in the required ride-along training.
• As of this date, 148 complaints were received and 65 of those were submitted for investigations. A meeting was held with the Mayor and the City Law Department on August 30 after which Rochester Police Department (RPD) information was provided on 15 cases. A limited number of PAB staff were able to view the documents and additional investigators were subsequently granted access at PAB’s request. PAB is required to provide a notice of investigation to RPD for the 56 complaints relating to RPD officer involvement that are still under review. These will be discussed with the investigations team starting September 2.
• Interviews with past staff members will be held starting September 2.
• The Public Affairs Department met with YWCA and other agencies to discuss partnering. The outreach effort is working ahead of projected timelines. The department is not fully staffed and PAB is working with City Council President Meléndez to release the positions that have already been funded.
• Staff is working on the SharePoint system to enable the closure of certain cases. All Board members are encouraged to complete training and try the program in advance of the next meeting when closures will be discussed.
• Issues were raised with City Council about equipment needed for forensic technicians. Other needs such as building signage are still awaiting City Council’s approval since PAB cannot spend funds independently. Another result of this loss of independence is a 43% reduction of the staffing that was previously allocated. The public is requested to support the PAB’s needs.
A Chair’s report was given by Larry Knox.
• Chair Knox and Acting Manager Bascoe did a ride-along today for a few hours. This was an opportunity to see the work of the Police Department and also exchange information.
• Investigations concerning former Executive Director Conor Dwyer Reynolds are still on-going. No details of findings can be released but the investigation is more than half way done. The findings will include recommendations and the Board will decide how to proceed at that time.
• Slight progress has been made in gaining access to information requested from the RPD.
• Arlene Brown has agreed to work on the needed Policy guidance. No Committee reports were given.
OLD BUSINESS
• A public comment period for virtual meetings is being considered. The Board plans to meet in person at some point to enable the voicing of public comments in real time.
NEW BUSINESS
• Board member nominations have been made by the PAB Alliance and it is hoped that City Council will approve an appointment very soon.
• Dr. Harrison led a presentation on the contents of the Charter establishing the PAB. The Executive Director serves at the discretion of the Board and the Board conducts an annual performance review, after which the Executive Director can be dismissed for cause. There is no mention of any other agency involvement. Dr. Harrison then motioned that Conor Dwyer Reynolds be restored as Executive Director without restrictions and proposing that, if reinstated, he will meet with each member to discuss concerns and corrective actions, if needed. These outcomes would be discussed at Board meetings. Duwaine Bascoe asked that this matter be discussed in executive session since it is under litigation; this was supported by other Board members. Dr. Harrison countered that this information is public knowledge obtainable through Mr. Reynolds’ legal filings. Dr. Harrison’s motion was not seconded and the discussion ended.
An executive session was held to discuss pending litigation after which time the meeting was adjourned.
To see a recording of this meeting, go to: https://www.youtube.com/watch?v=I8_4WaIvq3Y
SEPTEMBER 15, 2022
Duwaine Bascoe gave the staff report.
• To date, 187 complaints have been received, 66 of which have been assigned to investigators. Requests for information have been sent to the Rochester Police Department (RPD) for 33 cases and 16 have been partially filled. RPD will be notified that 52 investigations are underway. Complaint intake and investigation numbers are well ahead of projections.
• Staff members are signing up for training led by RPD which is scheduled to begin September 27. Ridealongs with RPD are on-going. • The Operations group reports that interview rooms are ready and will be used beginning by September 22. A direct phone extension from the city has been assigned and is 9999. The case management system is expected to have a soft launch on October 10.
• The Policy and Oversight group has attended 82 events including presentations. They have also met with several institutions and agencies to get the word out. A consultant has drafted a crisis plan. An executive session will be required to discuss the plan tonight due to the nature of some of the scenarios used. On September 14, the group issued an overview and analysis of the legislation pertaining to RPD’s introductory body worn camera and digital information management system. The analysis includes privacy impact assessment details and options.
The Chair’s report was given by Larry Knox.
• The investigation of Executive Director Dwyer Reynolds is proceeding and nearly all interviews have been completed. The Board will receive a report from the consulting law firm and make decisions based on the findings. The Executive Director is currently on paid leave.
• The process to research investigable complaints from the public has started. Turn-around time is delayed by the lack of direct access to relevant RPD databases and other information.
COMMITTEE REPORTS
• Training is proceeding on the topics outlined in the Charter. Following the availability of closing report forms, a final training on report evaluation will be scheduled. Training on the history of policing and RPD will also be held.
NEW BUSINESS
• Use of the new SharePoint system for Board members was discussed. Access requirements were reviewed. An executive session was held to discuss potential litigation.
The meeting was adjourned afterward. To see a recording of this meeting, go to: https://www.youtube.com/watch?v=zl7hGC0kOBc.