Subject CIVILIAN REVIEW BOARD COMPLAINT PROCEDURES. 3 March By Order of the Police Commissioner

Similar documents
Subject CRIMINAL RECORDS EXPUNGEMENT. 13 September By Order of the Police Commissioner

ADULT BOOKING PROCEDURES

The Complaint Process

BALTIMORE CITY SCHOOLS Baltimore School Police Force DOMESTIC VIOLENCE

Franklin Northwest Supervisory Union

Subject CRIMINAL AND CIVIL CITATION PROCEDURES. DRAFT 7 April By Order of the Police Commissioner

When should this form be used?

Virginia Commonwealth University Police Department

INTERIM PROTECTIVE ORDERS, INTERIM PEACE ORDERS, PROTECTIVE ORDERS, PEACE ORDERS & PROTECTIVE ORDER DATABASE

Subject MARIJUANA: UNIFORM CIVIL CITATION. 1 July By Order of the Police Commissioner

CITIZEN OBSERVATION/RECORDING OF OFFICERS

Subject FIELD INTERVIEWS, INVESTIGATIVE STOPS/DETENTIONS, WEAPONS PAT-DOWNS & SEARCHES. DRAFT 7 April By Order of the Police Commissioner

All investigations will be classified in one of two categories:

CUSTODIAL INTERROGATIONS

CHAPTER House Bill No. 601

Subject DEPARTMENTAL AWARDS AND COMMENDATION. 4 April By Order of the Police Commissioner

Subject ARSON INVESTIGATIONS. 1 July By Order of the Police Commissioner

Decree umber 9. umber 14 for the year 2008 Internal Security Forces Penal Code. Chapter One Application of the Law

Subject DOMESTIC VIOLENCE. 1 July By Order of the Police Commissioner

Subject COURT/ADMINISTRATIVE HEARING PROCEDURES. 20 September By Order of the Police Commissioner

Chapter 2-57 INDEPENDENT POLICE REVIEW AUTHORITY

Case 1:04-cv AMD Document 18-3 Filed 06/13/2005 Page 1 of 37

Complaint refers to an allegation by an individual that any Department employee has misused authority, acted illegally or unethically.

When should this form be used?

Jefferson County Commission Anti-Harassment Complaint Resolution Procedures

This policy outlines the process and procedures to be considered and followed by members when making an arrest.

MBTA Transit Police CHAPTER 120. General Order No PAGE 1 OF 8

Bowie State University Police Department General Order

CHAPTER 354. (Senate Bill 60)

Policy: Citizen Complaints

ADOPTION/EFFECTIVE DATE: MOST RECENTLY AMENDED:: MOST RECENTLY REAFFIRMED: The purpose and scope of these procedures are as follows:

**PLEASE RETAIN THIS PAGE FOR YOUR RECORDS**

CLINTON COUNTY NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY Revised: December 2014

TITLE 3 MUNICIPAL COURT 1

DOMESTIC VIOLENCE. DRAFT 20 March By Order of the Police Commissioner

Attorney Grievance Commission of Maryland. Administrative and Procedural Guidelines

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 2086

CITRUS COMMUNITY COLLEGE DISTRICT STUDENT SERVICES

CHAPTER 17 - ARREST POLICIES Alternatives to Arrest and Incarceration Criminal Process Immigration Violations

Ga Comp. R. & Regs Legal Authority. Ga Comp. R. & Regs Title and Purposes.

NAID Complaint Resolution Council Guidelines

Policy Prohibiting Sexual Harassment. A. Statement of Policy

DICKINSON POLICE DEPARTMENT

Cobb County Emergency Management Agency David Hankerson, Director Cassie Reece, Deputy Director

Chapter BOISE AIR TERMINAL PARKING PERMIT

Student Due Process and Discipline AP 5520

When should this form be used?

Washington County, Minnesota Ordinances

Procedures Prohibiting Discrimination

Washington Association of Sheriffs and Police Chiefs MODEL POLICY OFFICER-INVOLVED DOMESTIC VIOLENCE

DOMESTIC VIOLENCE ACT NO. 116 OF 1998

EEOC v. Stephens Institute d/b/a The Academy of Art College

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 8.1

CHAPTER 337. (Senate Bill 211)

CHILD CARE CENTER Regulations GENERAL LICENSING REQUIREMENTS (Cont.) Article 4. ENFORCEMENT PROVISIONS

Marquette University Police Department

FILED: NEW YORK COUNTY CLERK 11/29/ :47 PM INDEX NO /2015 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/29/2017

IN THE EIGHTEENTH JUDICIAL DISTRICT MUNICIPAL COURT OF DERBY, KANSAS

Operational. DEPARTMENTAL POLICY General Orders O-26 Racial Profiling Prohibited

G-19: Administrative Procedures Discrimination, Harassment, and Retaliation Prohibited

2. During the complaint intake process, no questions shall be asked of a complainant regarding their immigration status.

PROHIBITION OF HARASSMENT & DISCRIMINATION

Standards of Conduct

TOWNSHIP POLICY PROHIBITING SEXUAL HARASSMENT

JUDICIARY OF GUAM EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY AND PROCEDURE

CITY ATTORNEY S BALLOT TITLE AND SUMMARY OF MEASURE LL

H 5848 S T A T E O F R H O D E I S L A N D

Regulations of Florida A&M University Non-Discrimination Policy and Discrimination and Harassment Complaint Procedures.

Town of Kirkland Lake Whistleblower Policy Complaint Investigation Form

SENATE BILL 645. E4, E1, E2 0lr0590 CF HB 820 By: Senator Frosh Introduced and read first time: February 5, 2010 Assigned to: Judicial Proceedings

BYLAWS COURT OFFICERS AND DEPUTY SHERIFFS, PROCESS SERVERS OF MICHIGAN ARTICLE ONE. Association

THE REFERENDUM AND OTHER PROVISIONS ACT, ARRANGEMENT OF SECTIONS

COMPLAINT PROCEDURES

l_132_ nd General Assembly Regular Session Sub. H. B. No

This Bill would amend the Domestic Violence (Protection Orders) Act, Cap. 130A to (a)

(This document reflects all provisions in effect on October 1, 2008)

MSU Presidential Election Rules 2013

City of New Britain POLICE DEPARTMENT POLICY

AN ACT MAKING IT A MISDEMEANOR TO ALTER, REMOVE OR CHANGE CERTIFICATION MARKERS APPROVED BY THE GOVERNOR

COMPLAINT HANDLING RULES

BERMUDA POLICE COMPLAINTS AUTHORITY ACT : 29

POLICE COMPLAINTS AUTHORITY ACT 1998 BERMUDA 1998 : 29 POLICE COMPLAINTS AUTHORITY ACT 1998

03/29/2015 Simi Valley Flyers Incorporated Club Bylaws

Subject DEATH AND SERIOUS ASSAULT INVESTIGATIONS. 13 September By Order of the Police Commissioner

Title IX Investigation Procedure

STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION PROCEDURE FREEDOM OF INFORMATION

Section VI.F.: Student Discipline Procedures for Non-Academic Misconduct

C-451 Workplace Psychological Harassment Prevention Act

CHAPTER 457. (Senate Bill 796) Vehicle Laws Motor Vehicle Accident Reports Access

Subject: Discrimination and Harassment - Complaint and Investigation Procedure

Windsor Police Department General Order

SB 908 AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Approved by Commissioner: LATEST REVISION: August 15, 2012

THURMONT POLICE DEPARTMENT

COLORADO HIGH SCHOOL GIRLS' GYMNASTICS JUDGES ASSOCIATION CONSTITUTION & BY-LAWS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CONSENT DECREE. I. Background

Subject RULES AND REGULATIONS. 26 August By Order of the Police Commissioner

SRA General Election Rules

Future Land Use Map (FLUM) Amendment Packet

CIVIL PRACTICE DIRECTIVE #5 APPLICATIONS UNDER THE SASKATCHEWAN HUMAN RIGHTS CODE

Transcription:

Policy 307 Subject CIVILIAN REVIEW BOARD COMPLAINT PROCEDURES Date Published Page 3 March 2015 1 of 7 By Order of the Police Commissioner POLICY The Civilian Review Board was established by the Code of Public Local Laws of Baltimore City to have certain jurisdiction over allegations of abusive language, harassment, or excessive force complaints filed against police officers. The Department is required by law to publish an explanation of the Board s complaint procedures to all members in a policy and to include this subject in training programs. Posters outlining procedures for lodging Civilian Review Board complaints are to be placed in all station houses and other public places. DEFINITIONS Abusive Language Harsh, violent, profane, or derogatory language, which would demean the dignity of an individual, including profanity and racial, ethnic, or sexist slurs. Excessive Force The use of physical force greater than reasonably necessary to repel an attacker or terminate resistance. Excessive force does not include force that is reasonably necessary to affect a lawful purpose. Harassment Repeated, unwarranted verbal or physical annoyance, or unwarranted threats or unwarranted demands. False Arrest An arrest made without legal justification. False Imprisonment The intentional restriction without legal justification of the freedom of movement of a person who is aware of the restriction and who does not consent. Police Officer Any sworn member of the Department. REQUIRED ACTION 1. An individual who claims to have been subjected to, or witnessed, an act of abusive language, harassment or excessive force, or sustained an injury allegedly resulting from excessive force caused by a police officer, is to be informed that they may file a complaint at the Internal Affairs Division, the Maryland Legal Aid Bureau, the Maryland Commission on Civil Rights, the Office of Civil Rights and Wage Enforcement, or any police district station. (See Annex A for Address/Telephone Directory). The Chief, Internal Affairs Division will be responsible to ensure that the directory is maintained. 2. A complaint of excessive force that is investigated by the Civilian Review Board must be made within 90 days of the alleged act. Complaints of abusive language or harassment must be made within one year of the action giving rise to the complaint.

Policy 307 CIVILIAN REVIEW BOARD COMPLAINT Page 2 of 7 NOTE: Any person who knowingly makes a false statement, report, or complaint, in the course of an investigation to the Internal Affairs Division or the Civilian Review Board, may be charged with a misdemeanor under Maryland Annotated Code, Criminal Law Article 9-501 and upon conviction, is subject to a fine not to exceed $500.00 or imprisonment not exceeding 6 months, or both. 3. The complaint must be written on a form authorized by the Board, signed by the complainant and witnessed by a Notary Public. (See Annex B, Civilian Review Board Complaint Form). Additionally, complaints of excessive force must be sworn to by the complainant. If a Notary Public is not available, the form shall be filled out and forwarded to the Internal Affairs Division immediately. The Internal Affairs Division shall be responsible for re-contacting the complainant to ensure that the complaint is sworn to. NOTE: If a member the BPD takes the complaint, it is preferred that the complainant write out the circumstances of the complaint in his/her own words. A statement may be tape recorded with the permission of the complainant. 4. The completed Civilian Review Board Complaint Form shall be distributed as follows: 4.1. One copy shall be retained by the person taking the complaint. 4.2. One copy shall be given to the complainant. 4.3. One copy shall be forwarded to the Internal Affairs Division and the Civilian Review Board within forty-eight hours. 5. The Chief, Internal Affairs Division shall submit a report on the findings of the investigation to the Board within ninety days from the date of the complaint. The Board may extend the time allowed to complete the investigation. 6. The Board may simultaneously investigate any complaint it deems appropriate and report the findings to the Internal Affairs Division. 7. The Board will review the investigation conducted by the Internal Affairs Division and the Board s investigative report, if any, and recommend to the Police Commissioner any of the following findings: 7.1. Sustained. 7.2. Not sustained. 7.3. Exonerated. 7.4. Request further investigation by the Internal Affairs Division. 8. Findings and recommendations of the Board will be submitted to the Police Commissioner within thirty days of receipt of the investigative report(s). NOTE: This process will not affect or change methods and procedures for administrative suspensions or dismissals. 9. Not sustained findings and cases deemed exonerated will be forwarded to the Chief, Internal Affairs Division, who shall notify the accused member in writing of the findings.

Policy 307 CIVILIAN REVIEW BOARD COMPLAINT Page 3 of 7 10. When the Board has rendered a Sustained finding, and the Internal Affairs Division has rendered a Not Sustained finding in the same case, the Board shall inform the Chief of the Internal Affairs Division of the contradictory findings. The IAD Chief will meet with the Board in an attempt to come to a consistent finding. If neither can agree on the finding, the Police Commissioner or his/her designee will review both findings and make a final decision. 11. The Police Commissioner has final decision-making responsibility for the appropriate disciplinary action in each case. No final action will be taken until the Police Commissioner has reviewed the recommendation of the Board. NOTE: Except for the Internal Affairs Division report, the Board will be the custodian of all records of the complaint. Records containing the names and/or identification of the accused officer, complainants, investigators, and witnesses, may not be disclosed or released to the public. 12. The Internal Affairs Division shall retain sole custody of the Internal Affairs report. Director, Professional Development and Training Academy Include Civilian Review Board Procedures in entrance level and in-service curriculums. ANNEXES A, Address/Telephone Directory B, Civilian Review Board Complaint Form (3 pages) RESCISSION Remove destroy/recycle Policy 307, Civilian Review Complaint Procedures, dated 8 April 2004. COMMUNICATION OF POLICY This policy is effective on the date listed herein. subordinates of this policy and ensuring compliance. Commanders are responsible for informing their

Policy 307 CIVILIAN REVIEW BOARD COMPLAINT Page 4 of 7 ANNEX A Address/Telephone Directory Central District 500 East Baltimore Street (410) 396-2411 Eastern District 1620 Edison Highway Baltimore, Maryland 21213 (410) 396-2433 Northern District 2201 West Coldspring Lane Baltimore, Maryland 21215 (410) 396-2455 Northeastern District 1900 Argonne Drive Baltimore, Maryland 21218 (410) 396-2444 Northwestern District 5271 Reisterstown Road Baltimore, Maryland 21215 (410) 396-2466 Southeast District 5710 Eastern Avenue Baltimore, Maryland 21224 (410) 396-2422 Southern District 10 Cherry Hill Road Baltimore, Maryland 21225 (410) 396-2499 Southwest District 424 Font Hill Avenue Baltimore, Maryland 21223 (410) 396-2488 Western District 1034 North Mount Street Baltimore, Maryland 21217 (410) 396-2477 Internal Affairs Division 2525 Kirk Avenue Baltimore, Maryland 21218 (410) 396-2300 Maryland Legal Aid Bureau 500 E. Lexington Street 1-866-635-2948 Maryland Commission on Civil Rights 6 Saint Paul Street (410) 767-8600 Office of Civil Rights and Wage Enforcement 231 E. Baltimore Street 8 th Floor (410) 396-3141

Policy 307 CIVILIAN REVIEW BOARD COMPLAINT Page 5 of 7 ANNEX B Civilian Review Board Complaint Form (Page 1)

Policy 307 CIVILIAN REVIEW BOARD COMPLAINT Page 6 of 7 ANNEX B (Cont d) Civilian Review Board Complaint Form (Page 2)

Policy 307 CIVILIAN REVIEW BOARD COMPLAINT Page 7 of 7 ANNEX B (Cont d) Civilian Review Board Complaint Form (Page 3)