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The Charlotte School of Law Civil Rights Clinic Presents

The Charlotte School of Law Civil Rights Clinic Presents. “Policing the Police” A Fact-Finding Investigation into the Effectiveness of Charlotte’s Citizens Review Board . Professor Jason Huber John S. Arco Lee Miller- Finkel Crystal M. Richardson April 27, 2011.

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The Charlotte School of Law Civil Rights Clinic Presents

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  1. TheCharlotte School of Law Civil Rights Clinic Presents “Policing the Police” A Fact-Finding Investigation into the Effectiveness of Charlotte’s Citizens Review Board Professor Jason Huber John S. Arco Lee Miller-Finkel Crystal M. Richardson April 27, 2011

  2. “Police shootings tarnish Charlotte image; 2 deaths rock reputation `New South' city earned” -Associated Press, April 14, 1997 April 8, 1997 Nov. 19, 1996 Dec. 10, 1996 June 9, 1997 White Police Officer shoots unarmed 19- year old five times at traffic stop, killing him. Over 200 citizens protest outside D.A.’s office for failure to prosecute officer involved in shooting Police fire 22 shots at car passing through checkpoint, killing 48 year-old passenger Charlotte City Ordinance 849 adopted, creating Charlotte’s Citizens Review Board

  3. Composition of the CRB Member Member Appointed by City Council Member Member Appointed by Mayor Member Appointed by City Manager Member *Chair and Vice-Chair elected annually by CRB Member Member Member Member Member

  4. Data on CRB

  5. Data on CRB

  6. Data on CRB

  7. Data on CRB

  8. PUBLIC RECORDS: Documentation of CRB Activities • Meeting Minutes • Annual & Other Reports • Internal “Rules” & “Regulations” • Dispositions • Recommendations • Member Information • Statistical Data • Other Records?

  9. 1st Public Records Request December 3, 2010 2006 – 2010

  10. City’s Response to 1st Public Records Request March 1, 2011

  11. Information the City Considers “Exempt” from Public Records Disclosure

  12. DOCUMENT REVIEW Do these RECORDS Provide ANSWERS ? Do these RECORDS (or Lack Thereof) Simply Raise More QUESTIONS ? EXAMPLES …

  13. EX #1: Annual Reports

  14. EX #2: Minutes • “Boilerplate” Language • Insufficient Descriptions: Nature of Complaint “Defenses” Investigation Evidence Methodology Determinative Facts Justifications - Excerpt taken from April 2006 CRB Meeting

  15. EX #2: Minutes(continued) • “Boilerplate” Language • Insufficient Descriptions: Nature of Complaint “Defenses” Investigation Evidence Methodology Determinative Facts Justifications - Excerpt taken from December 2006 CRB Meeting

  16. 2nd (Supplemental) Public Records Request April 2011 1997 – 2006 “Missing” Documents from 1st Request

  17. Questionnaires: Moving Beyond the Public Records “Just the Facts, Ma’am! … Just the Facts!”

  18. Getting to know the Complainants: The Questionnaires Who? What? Where? When? Why?

  19. Locating the Complainants • 19 complainants listed in the minutes • 17 researchable names • 8 confirmed addressesand phone numbers thus far • 5 interviewed up-to-date

  20. Drafting the Questions The Questionnaire

  21. To gauge the how the complainants felt about the overall process we asked questions such as: • What were the events that occurred which caused you to submit your complaint against the police? Please feel free to tell your story. Question 1 • How did you feel about the complaint process with the police department? Question 4 • Did you feel that the Board took your complaint seriously? Question 15 • Do you feel that the Board favored the police during the process? Question 16 • Do you feel that the Board adequately addressed your complaint against the police? Question 19 • Overall, how satisfied were you with the entire process? Question 20

  22. To help locate some of the missing documents, we asked: • Do you have a copy of the complaint that you filed with the Police Department? Question 2 • We also asked if any of the complainants had any pending criminal or civil cases that extended from the events that lead to their complainant.

  23. To help us determine how easy/difficult the complaint and appeals process were, we asked questions such as: • How were you informed about the police department’s decision? Question 7 • How difficult were the forms to fill out? Question 9 • How easy was it to submit your appeal? Question 11

  24. To determine if the complainants were being provided adequate information regarding their rights at the CRB hearings, we asked: • How did you first find out about the CRB and the appeals Process? Question 5 • How did you obtain the forms for your appeal? Question 8 • Did the forms and information adequately explain your rights and responsibilities regarding the appeals process? Question 10 • How were you contacted? Question 12

  25. We also wanted to gauge if the board was offering timely responses to these complaints, so we asked: • How long was it before you found out the Police Chief’s decision? Question 4 • How soon after receiving the police department’s decision did you file your appeal with the Board? Question 6

  26. Complainant’s Comments: • Take people’s feelings into consideration • Board should take claims more seriously and get rid of the bad attitudes • Hold police more accountable and at least make them apologize • Should be able to face the accuser and address discrimination • Have past victims/complainants or those that can relate to serve on the board

  27. Stay tuned folks!!! Our next research steps: • Continue to investigate all 63 complainants • Explore possible litigation regarding the public records and whether the minutes comply with the open meetings act • Examine the documents filed with the Civil Service Commission (agency responsible for hearing police officer’s complaints when the Police Chief recommends to discipline an officer for misconduct.

  28. TheCharlotte School of Law Civil Rights Clinic Presents “Policing the Police” A Fact-Finding Investigation into the Effectiveness of Charlotte’s Citizens Review Board Q & A

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