June 2023 Meeting Summary

• Questions that arose during previous meetings were answered by members of the investigative unit.  Access to Rochester Police Department (RPD) data is addressed in the Charter which states that RPD and the City shall provide all requested documents and evidence to PAB.  The following sources are included:  personnel files and all RPD databases, criminal and civil case files, video and audio recording from body-worn cameras or other devices, disciplinary hearing records, all RPD policies, procedures and practices,the  general manual and any other documents pertaining to policies, complaints or tactics  or charges against police officers and their subsequent investigations.  Responses against providing this data will sometimes cite reasons that are not in agreement with the Charter.  To date, 137 requests have been made and 133 responses received.    The average number of days waiting was 30.  The number of requests fulfilled was 2.  Since January 41 requests have been made and PAB is waiting for 31 responses.  The average number of days waiting is 23.  None of the requests have been totally fulfilled.
• RPD has denied requests involving claims of police misconduct if the actions occurred longer than 18 months ago; this is not a valid reason supported by the Charter.  Other denials have included:  additional data is needed, lack of jurisdiction, lack of personnel resources to search for the data, active investigations, lack of/no data available and 3^rd party data that they have but do not own (e.g., Monroe County Sheriff data that RPD has)
• RPD has denied evidence requests for policy and oversight claiming that PAB can only review and not investigate these policies.  The Charter is clear that this data must be provided upon request.
• Access to Professional Standards Section (PSS) findings and summaries have been denied since they could impact the integrity of PAB investigations.  The Charter states that if PSS makes any findings with respect to a complaint, all such findings should be sent to PAB within 5 business days.
• Download access is withheld because evidence cannot be analyzed and verified to a forensics standard.  Many types of files cannot be viewed without download access.  Therefore, PAB  can’t perform basic analysis of the data that is provided and inhibits the investigative team in creating their reports.
• Data access limitations lead to missing evidence, delays in investigations, forensic standard not being met (not able to access original sources), and delays in Board review of cases
• The following recommendations were made by the presenters:
  •  Download permissions to all RPD data can be given by City Information Technology (IT).  This permission is imperative to avoid loss of data due to retention timing policies.
  • Have direct access when possible that could be audited by City IT.
  • Use PAB subpoena power to compel the production of evidence.
• Independent access is integral in order for PAB to be accountable in their work and produce their reports within the required 90-day deadline.
• New billboards will be posted and the inaugural newsletter will come out in July.
• The budget hearing was last week and requests for additional information were received.
• Approvals have been given for a number of new hires, including the Director of the Investigative Unit and Director of Case Management.   Attorneys are being interviewed for staff positions.

• A going home service was held for Dr. Harrison.
• The budget presentation to City Council was given and well received.  Work remains for both PAB and the Council.  The public is encouraged to request full funding for PAB from the Mayor and their Council member.
• The first investigative cases were reviewed last week and additional case reviews will be forthcoming.
• The training committee wrote a letter to City Council asking for clarification of the training needed for the Board which was included in recent legislation.
• The Executive Director Search Committee is meeting this week and the transition to a permanent Director will hopefully begin soon.

• An executive session was called to review cases.  The meeting was adjourned afterward.