[CITY OF ROCHESTER ORDINANCE ESTABLISHING]

THE ROCHESTER POLICE ACCOUNTABILITY BOARD
Article 1: General Provisions
§ 1-1. Purpose.
The Rochester City Council hereby intends to establish a civilian-controlled process to fairly
investigate and make determinations respecting complaints of misconduct involving employees of
the Rochester Police Department. The Police Accountability Board shall be the mechanism to
investigate such complaints of police misconduct and to review and assess Rochester Police
Department patterns, practices, policies, and procedures. The Police Accountability Board shall
ensure public accountability and transparency over the powers exercised by employees of the
Rochester Police Department. The Police Accountability Board shall provide a non-exclusive
alternative to civil litigation.
§ 1-2. Definitions.
The following terms are defined, for purposes of this ordinance, as follows:
Alliance
The Police Accountability Board Alliance, a group of community organizations that nominate
community members to be appointed by City Council to the Police Accountability Board.
Chief
The Chief of Police of the Rochester Police Department.
City
The City of Rochester, New York.
Complaint
A written or oral report regarding police misconduct made by any individual or group of
individuals.
Council
The Rochester City Council.
Day(s)
Sequential days according to the calendar unless otherwise specified as “business days.”
Disciplinary Matrix
A written, consistent, progressive, and transparent tool or rubric to determine discipline for

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 misconduct.
Executive Director
The highest-ranking staff hired by the Police Accountability Board, with ultimate
responsibility for making managerial decisions.
Immediate Family
A spouse, sibling, parent, child, stepchild, grandparent, grandchild, aunt, uncle, niece, nephew,
mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, halfbrother, half-sister, first cousin, domestic partner, and partner to a civil union, whether by
blood, marriage, or adoption.
Misconduct
Any acts or omissions by an employee of the Rochester Police Department that are unlawful,
contrary to Rochester Police Department policy, or otherwise inappropriate.
PSS
Professional Standards Section, which is the internal affairs department of the Rochester Police
Department.
RPD
Rochester Police Department of the City of Rochester, New York.
Sanction
Disciplinary action for RPD employee misconduct.
The Board
The Police Accountability Board; such Board is a public agency within the meaning of New
York Civil Rights Law Section 50-a.
Use of They, Their, Them
A plural term or pronoun that shall be construed to mean the singular and vice versa where
appropriate.
§ 1-3. Establishment and Jurisdiction.
A. The Civilian Review Board, established by Rochester City Council Resolution 92-40

and expanded by Resolution 95-08, is hereby abolished.
B. There is hereby established an independent office of municipal government to be known as the

Police Accountability Board. It shall be an autonomous office of the City separate from the
Rochester Police Department and other local, state, and federal law enforcement agencies. The
Board shall report to the Rochester City Council.
C. The Board shall be independent of the RPD and shall investigate and adjudicate complaints of

misconduct against the RPD or any of its officers, staff, administrative and executive
professionals, including but not limited to the Chief, deputies, captains, lieutenants,
commanders, and all other law enforcement professionals.
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 D. As a condition of employment with the RPD, all employees and personnel, including but not

limited to the Chief, shall fully cooperate with the Board and this ordinance.
E. The Board shall have the power to conduct independent investigations as further outlined in

Section 1-5(G) below, the power to use subpoenas to compel testimony and the production of
evidence, and the power to recommend discipline action to the Chief for an RPD employee(s)
if a complaint of misconduct is sustained.
F. Based on information and belief that an investigation is warranted following review of a PSS

file, the Board shall have the power to conduct an investigation, even in the absence of a
civilian complaint.
G. The Board shall establish a disciplinary matrix. The Board shall request input from the Chief and

the President of the Rochester Police Locust Club when developing the matrix.
H. The RPD and the City shall provide to the Board, as requested: access to all documents and

evidence, including but not limited to RPD personnel files, IA Pro database, all other RPD
databases, PSS investigative files, criminal and civil case files, disciplinary hearing records,
video and audio recordings from body cameras or other sources, all RPD policies, procedures,
and practices, the General Manual, and any other documents that pertain to policies, tactics,
complaints, or charges against RPD employees and their subsequent investigation and
adjudication, or other sources of information deemed appropriate by the Board.
I.

The Board shall have the power to investigate any and all conduct, acts, or omissions by any
RPD employee.

J.

The Board shall have the power to review and recommend changes to RPD regarding RPD
policies, procedures, patterns, practices and training.

§ 1-4. Board Composition, Appointment, Vacancy, and Removal.
A. The Police Accountability Board shall consist of nine (9) members.
B. Members of the Board shall serve terms of three (3) years except for the initial Board, which

shall serve staggered terms, pursuant to Section 1-4 (J).
C. Members of the Board shall be residents of the City of Rochester and must be able to show

proof of residency in the City for at least twelve (12) months prior to being appointed to the
Board.
D. Members of the Board shall reflect the City’s diverse community, including, but not limited

to: age, race, creed, color, national origin, gender, gender identity or expression, sexual
orientation, disability, marital status and source of income.
E. Members of the Board and their immediate family shall not be currently or formerly (within

the immediately preceding three (3) year period) employed by the RPD or any other local,
state, or federal law enforcement agencies.

 F. Board members shall not be current (or within the immediately preceding three (3) year

period) City elected officials, candidates for elected office within Monroe County, or
immediate family of any incumbent elected official.
No practicing attorney or their immediate family who represents or has represented a plaintiff
or defendant in a police misconduct lawsuit initiated against the RPD, the Chief or the
Rochester Police Locust Club within the immediately preceding three (3) year period, shall
be a member of the Board. Board members may not represent a complainant or an RPD
employee at Board hearings.
The provisions of Article 23-a of New York State Correction Law shall apply to any
appointment to the Board.
G. The provisions of Article 2, Section 5 and Article 3, Section 30 of the Public Officers Law of

the State of New York, regarding vacancies, shall apply to all members of the Board. The
provisions of Article 2, Section 5 and Article 3, Section 30 of the Public Officers Law of the
State of New York, regarding vacancies, shall apply to all members of the Board.
H. Appointments to the initial Board shall be made within sixty (60) days from the effective date

of this ordinance as follows:
1) The Mayor shall appoint two (2) members.
2) Council shall appoint four (4) members; one (1) appointee from each of the four Council

Districts: East District, Northeast District, Northwest District, and South District.
3) The Alliance shall nominate nine (9) individuals, three (3) for each of its three (3) member-

seats, within thirty (30) days from the effective date of this ordinance, from which Council
shall confirm and appoint one (1) such individual for each of the three (3) member-seats
at Council’s discretion. No more than two (2) of these nominees shall be a part of the same
type of sector, profession, or organization. If all three (3) nominees for any one memberseat are rejected by Council, then the Alliance will nominate replacement(s) within fifteen
(15) days until all three (3) members are confirmed.
I.

Police Accountability Board Alliance Nomination Process
The initial Alliance shall include no more than two (2) representatives from each organization
listed in Appendix A. Each initial member organization shall have endorsed the ordinance
recommended by the Police Accountability Board Organizing Committee by December 31,
2019. The process used by the Alliance to make initial Board appointments shall be as follows:
1) The first Alliance Executive Committee shall consist of five (5) individuals selected by the

Alliance.
2) The Executive Committee will call for applications for nominees to fill three (3) positions

on the Board;

 3) Each organization represented in the Alliance as well as City residents may submit

applications to nominate individuals;
4) The Executive Committee shall screen nominee submissions and narrow the field to

finalists, then call a meeting of the Alliance to seek input regarding the qualifications of
the finalists;
5) The Executive Committee shall determine the final nine (9) names for the three (3)

nominees and submit them to Council for confirmation and appointment;
6) Should Council reject a nominee, a written rejection will be submitted to the Alliance and

the Alliance will resume the nominating process to select a replacement;
7) The final list of community appointments shall not be published until all three (3) nominees

are confirmed by Council;
8) Future Board appointments to fill term-ended and mid-term vacancies shall follow a

process determined by Alliance by-laws based on the initial selection process.
J.

Terms
1) The first term of the initial Board commences when all nine (9) Board members are

appointed and ends on the following June 30th.
2) Except for the initial Board, members shall serve staggered three (3) year terms and may

be reappointed for another three (3) year term, for a total of six (6) years, after which, the
member shall not be reappointed for at least three (3) years.
3) Except for the initial Board, each term shall commence on July 1st and end on June 30th.

If a person is appointed to complete the unexpired term of a former Board member, they
shall complete the term. The members shall be appointed for terms of three (3) years,
except the first nine (9) members appointed. Of the first nine (9) members appointed:
a) three (3) members shall be appointed for terms of one (1) year, of whom one (1) shall

have been designated by Council and two (2) shall have been designated by the
Alliance;
b) three (3) members shall be appointed for terms of two (2) years, of whom two (2) shall

have been designated by the Council, and one (1) shall have been designated by the
Alliance;
c) three (3) members shall be appointed for terms of three (3) years, of whom two (2)

shall have been designated by the Mayor, and one (1) shall have been designated by
Council.

 K. Vacancies

After the initial nine (9) member Board has been established, when any member vacates the
Board, the Board shall notify the Mayor, Council, and the Alliance. The vacant position shall
be filled in the same manner by which it was initially filled, within sixty (60) days of the
vacancy.
L. Removal
1) A Board member seeking public office shall resign their seat at the time he or she announces

his or her intent to seek public office.
2) A Board member who no longer resides in the City shall resign immediately.
3) By a majority vote, the Board may request that Council remove a Board member for good

cause.
§ 1-5. Powers and Duties.
A. The Board shall have the power to conduct independent investigations as further outlined in

Section 1-5(G) below, the power to use subpoenas to compel testimony and the production of
evidence, and the power to recommend disciplinary action be taken against RPD employees
if a complaint of misconduct is sustained.
B. The Board shall establish a disciplinary matrix. The Board shall request input from the Chief

and the President of the Rochester Police Locust Club with respect to the disciplinary matrix.
The disciplinary matrix shall include clearly delineated penalty levels with ranges of sanctions
which progressively increase based on the gravity of the misconduct and the number of prior
sustained complaints. The Board, in consultation with the Chief and the President of the
Rochester Police Locust Club, shall review the disciplinary matrix annually, and consider any
recommended changes. The Board shall decide the final version of the disciplinary matrix to
be used.
C. The Board can review and assess RPD policies, procedures, patterns, practices and training

and recommend changes to the RPD. Written acknowledgment of receipt of recommendations
will be sent to the Executive Director from the Chief of Police within sixty (60) days with a
detail listing of what items are and are not being implemented.
D. The Board and the Chief shall establish a cooperative relationship to ensure the orderly and

efficient flow of information.
E. The Board shall accommodate non-native English speakers and persons with disabilities.
F. Initiation of Complaints
1) Complaints may be received directly by the Board from civilians, or upon referral from

PSS, the Mayor, the Council, any Councilmember, or the Chief. Any complaint received

 and accepted by the Board shall be transmitted to PSS, and any complaint received and
accepted by PSS shall be transmitted to the Board.
2) The Board shall receive complaints by telephone, in person, by mail, email or web form.

Complaints shall be received and considered whether submitted under signature or
anonymous. Efforts to simplify the procedure shall be made to encourage filing.
Professional standards of confidentiality with regard to the written release of information
and informed consent will apply to all complaints filed. With respect to the confidentiality
of all interested parties, the Board shall comply with all local, state, and federal law,
including Civil Rights Law Section 50-a.
3) Before proceeding with the complaint process, the complainant shall be made aware of and

referred to organizations that advocate for people who have experienced police misconduct
and can explain the process of the Board and other options that exist beyond the
jurisdiction of the Board.
4) Complainants shall be apprised by the Board of legal assistance options and the procedure

for filing a Notice of Claim with the Corporation Counsel against the City, pursuant to
Article IX of the Rochester City Charter, 1834, as amended.
G. Board Investigation of Complaints
1) An investigator from the PSS of the RPD shall interview complainants, witnesses and RPD

employees, and gather relevant evidence. PSS shall provide the Board with written notice
of the commencement of any investigation.
2) The Board shall have the power to investigate any and all conduct, acts or omissions by

any RPD employee independent of any investigation conducted by PSS. Any investigation
done by the Board will only be commenced after all PSS material has been reviewed and
the Board has reason to believe that any relevant material, details, or information is missing
from the PSS report. The Board shall advise PSS, in writing, of its determination to conduct
any such investigation.
3) Subpoenas may be issued at any time during the review and adjudication processes. Such

subpoenas may compel the attendance of witnesses, RPD employees, and/or persons, and
require the production of records and other materials, including records of the RPD, other
persons or other agencies. A copy of any subpoena served upon an RPD employee shall
also be delivered to the Chief. Board subpoenas are enforceable pursuant to relevant
provisions of Article 23 of the New York Civil Practice Law and Rules. The Chief will
use the authority granted by Article VIIIA, Section 8A-1 of the Rochester City Charter,
1834, as amended, to promulgate new rules or utilize existing rules regarding discipline
and administration of RPD employees to ensure compliance with Board procedure and
applicable law. RPD employees shall be notified of their rights against self-incrimination
under Garrity v. New Jersey, 385 U.S. 493 (1967), before any testimony is taken from
them.
4) Within thirty (30) days from receipt of a complaint, PSS shall provide to the Board its

entire investigative case file related to the complaint. Thereafter, PSS shall send any newly

 acquired evidence to the Board within five (5) business days of the acquisition of the
evidence. If PSS makes any findings with respect to the complaint, they shall send all such
findings to the Board within five (5) business days.
5) A complainant may, at any time, decline to have their complaint investigated and reviewed

by the Board. Such declination must be made in writing by the complainant, and shall be
forwarded to the Chief by the Board.
6) Statements made by complainants, RPD employees, or witnesses are subject to the panel's

determinations of weight and credibility. Participation or lack of participation in the
hearing process may be considered by the Board as one factor in their determination of
credibility.
7) The Chief shall take no action on a complaint, whether received directly by the RPD or by

the Board, until receipt of the Board findings and recommendation, or notice that the Board
has determined no disciplinary action is appropriate. Nonetheless, the Chief shall retain the
authority to suspend an RPD employee during the investigation and adjudication of a
complaint against the RPD employee.
H. Reasonable Cause Determination
1) Upon completion of the review of the material from the PSS investigation, the Executive

Director shall present a report and recommendation to Board members as to whether there
is reasonable cause to proceed to a Board hearing on the allegations of misconduct in a
complaint.
2) Upon review of the report and recommendations from the Executive Director, the Board

members may either affirm or reverse the recommendation as to whether or not there is
reasonable cause to proceed to a hearing. If there is reasonable cause to proceed, the Board
shall direct the Executive Director to schedule a hearing and notify the complainant and
the Chief. If there is not reasonable cause, the Executive Director shall notify the
complainant and the Chief of this determination.
I.

Hearing Process

1) As described in Section 1-6 (A)(3), the Board Chairperson shall establish a rotation of Board

members to serve on hearing panels composed of three (3) members. Each panel shall include
one (1) Alliance-appointed member, but shall not include more than two (2) Allianceappointed members. Each panel shall select its own Chairperson on a case-by-case basis.
2) As described in Section 1-5 (G) (3), subpoenas may be issued during the hearing process.
3) Upon a majority vote of the Board membership in a duly published open meeting, the Board

may determine to go into Executive Session so that the panel may conduct its hearing.
4) Panel hearings shall be recorded and transcribed by the Board. No other recordings or

transcriptions are permitted.

 5) Recommendations made by the hearing panel will be documented in a Notice of Panel

Recommendation delineating the findings of fact, and reasoning of the panel. If a panel
member dissents from the majority’s recommendation, the dissenter shall provide a written
delineation of their findings of fact and reasoning.
6) Notice of Panel Recommendations shall be provided to all parties with any confidential

information redacted, pursuant to all local, state, and federal law.
7) Both complainant(s) and RPD employee(s) subject to a hearing shall have the right to obtain

counsel or other representation and call witnesses on their own behalf. All due process rights
delineated in NYS Civil Service Law Section 75 shall apply.
8) Complainants and RPD employees subject to hearings may be questioned by the panel at the

panel’s discretion; relevant evidence pertaining to the case before the panel may also be
entered into the hearing.
9) Statements made by complainants, RPD employees, or witnesses are subject to the panel’s

determination of weight and credibility. Participation or lack of participation in the hearing
process may be considered by the Board as one factor in their determination of credibility.
10) Recommendations of the panel shall be made by a majority vote pursuant to the substantial

evidence standard of proof. Deliberations of the panel shall be confidential and confined to
the panel members assigned to that particular hearing, and their legal advisor(s). The
recommendation shall include: (i) findings of fact, (ii) a determination as to whether there is
substantial evidence of misconduct, and (iii) t h e disciplinary action recommended in
reference to the RPD employee(s) pursuant to the disciplinary matrix described in Section 15 (B).
a) If the panel finds that the RPD employee(s) may have engaged in criminal conduct, it shall

refer the matter to the Monroe County District Attorney's Office and request that their
office initiate an investigation.
b) The Board shall notify the complainant, the RPD employee(s) who were the subject(s) of

the complaint, and the Chief, in writing within five (5) business days of the panel's findings
and recommendation.
c) If a Notice of Panel Recommendation contains a dissenting opinion, the complainant may

appeal to the Board for review of the panel’s findings and recommendation. The
complainant’s appeal requesting Board review must be in writing and received by the
Board no more than 30 days after the Notice of Panel Recommendation was sent to the
complainant. To adjudicate the appeal, all Board members shall review all evidence in the
record, including the hearing transcript, and shall determine, by majority vote, whether
the majority opinion in the Notice of Panel Recommendation shall be:
i) Reversed, if the Board decides that the recommendation of the panel was wrong,

the Board vacates (cancels) the recommendation of the panel; or

 ii) Modified, if the Board changes part of the panel’s recommendation, e.g., the Board

decides that the appropriate recommended sanction shall be termination rather
than suspension; or
iii) Affirmed, if the Board decides that the panel made the right recommendation; the
panel recommendation remains in effect.
d) If there is an appeal by the complainant, the Board shall provide a written Notice of

Board Recommendation to the complainant, RPD employee(s) who were the subject(s)
of the complaint, and the Chief. The Notice of Board Recommendation shall include:
(i) findings of fact, (ii) a determination as to whether there is substantial evidence of
misconduct, and ( i i i ) t h e disciplinary action recommended in reference to the RPD
employee(s) pursuant to the disciplinary matrix described in Section 1-5 (B).
e) RPD employees shall have the right to appeal pursuant to Section 76 of NYS Civil

Service Law.
f) Board recommendations may include disciplinary sanctions including but not limited

to counseling, reprimand, retraining, suspension, demotion, or dismissal.
11) The panel shall report its findings and recommendations to the Board at its next scheduled

meeting.
12) The actions of the Board shall not preclude action by the criminal or civil justice system.
13) Responses from the Chief of Police

Within thirty (30) days of the receipt of a Notice of Panel Recommendation or Notice of
Board Recommendation, the Chief shall provide the Board with a written explanation of
why the Chief agrees or disagrees with the disciplinary recommendation of the Board.
J.

Discipline
1) Before conducting any hearings, the Board shall establish a disciplinary matrix per Section

1-5 (B).
2) This ordinance shall not limit the Chief's ability to impose any additional discipline for an

RPD employee above and beyond that recommended by the Board.
3) After the Board receives a written response from the Chief, or after thirty (30) days,

whichever comes first, the Board shall make a final recommendation of discipline per the
disciplinary matrix described in Section 1-5 (B).
4) The Board shall notify the complainant, the RPD employee(s) who were the subject(s) of

the complaint, and the Chief, in writing within five (5) business days of the Board’s final
recommendation of discipline.
5) Within ten (10) business days following receipt of the Board’s final determination of

discipline, the Chief shall provide the Board with a written explanation of whether the Chief

 will enforce the Board’s final determination and if not, what discipline or sanction will be
imposed, if any.
6) The disciplinary matrix shall determine a range of sanctions within which the Board shall

determine the specific sanction to impose on the RPD employee(s). The Board may
consider mitigating and aggravating circumstances when making a final determination of
discipline.
K. Policy Assessment
1) At least annually, the Board shall review and assess RPD policies, procedures, patterns and

practices and recommend changes with input from the community.
2) The Board shall send its policy recommendations to the Chief and the Mayor and the

Board shall publish them on the Board website.
3) The Board’s recommendations may address, but are not limited to: racial bias issues,

gender bias issues, LGBTQ bias issues, disability bias issues, use of force both lethal and
non-lethal, de-escalation policies, vehicle and foot pursuits, use of canines, issues
concerning individuals with mental health problems, and human rights issues.
4) Within thirty (30) days of receiving the recommendations, the Chief shall provide the

Board, the Mayor, and Council with a written explanation of why the Chief agrees or
disagrees with the policy recommendations.
5) If the Chief agrees with the policy recommendation(s), then they shall be implemented

within ninety (90) days of receiving the recommendation(s).
6) The Board shall publish on its website whether or not the policy recommendation(s) have

been implemented.
§ 1-6. Officers and Staff.
A. At the initial Board’s first meeting, the Board shall elect a Chairperson and Vice-Chairperson,

by majority vote. Subsequently, the Board shall elect a Chairperson and Vice-Chairperson by
majority vote, at the first meeting after July 1 of each year. Each Chairperson and ViceChairperson shall serve until the June 30 following their election. No Board member shall serve
as Chairperson or Vice-Chairperson for more than three (3) consecutive years. The initial
Board shall convene a search committee for an Executive Director and a committee to
establish rules of procedure not provided for herein. The search for a new Executive Director
shall take place in the first year and whenever there is a vacancy. The Chairperson will also
be responsible to:
1) facilitate and preside over meetings of the Board;
2) establish committees of Board members as needed; and
3) establish a regular rotation of Board members to serve on hearing panels.

 B. A quorum of five (5) Board members must be present to conduct Board business, regardless

of vacancies. No business shall be transacted by the Board without a quorum being present.
Board action shall be decided by a simple majority of Board members present.
C. Police Accountability Board Executive Director
1) The Board shall conduct a search process and hire a full-time Police Accountability Board

Executive Director who will report to the Board and shall serve at the discretion of the
Board.
2) The Executive Director shall be a resident of the City within twelve (12) months of hiring

and shall remain a City resident for the duration of their tenure.
3) The Executive Director shall not be currently or formerly employed by the RPD or any

other local, state, or federal law enforcement agency, nor shall any of their immediate
family be employed by the RPD. Neither shall the Executive Director be a member of the
immediate family of any incumbent elected official of the City, or have litigation pending
against the City involving a claim of police misconduct, or be a member of the immediate
family of a person, or be an attorney representing a person with such pending litigation.
4) The Council, through the annual budgetary process as set forth in Article VI of the

Rochester City Charter, 1834, as amended, shall provide for the compensation and benefits
of the Executive Director.
5) The Board shall conduct an annual review of the performance of the Executive Director

and may remove the Executive Director for good cause.
6) The Board shall be responsible, through the Executive Director and staff, for the daily

administrative work of the Board.
7) The Executive Director shall be responsible for hiring and supervising staff in accordance

with the Charter and the Code. All such persons and their immediate family shall be free
of any conflict of interest, including but not limited to current or former employment with
the RPD or any other local, state, or federal law enforcement agency. (See Appendix B
for proposed Executive Director job description.)
§ 1-7. Training and Outreach.
A. Board and Executive Director Training

The Board and staff shall seek and participate in a broad range of training annually. Training
resources will be selected by the Board and may include individuals and organizations such as
law enforcement entities, attorneys, and any national, state, or local resources with expertise
and experience in civilian complaints, investigation, police policies, auditing/monitoring, and
other appropriate skills and knowledge. The Board and staff orientation and ongoing training
shall include but not be limited to, the following:

 1) All relevant local, state, and federal law
2) implicit bias and anti-racism;
3) gender identity and sexuality;
4) disability rights, both physical and mental disabilities or illnesses;
5) classism, poverty and homelessness;
6) trauma-informed policing and crisis intervention, including RPD employee well-being;
7) patterns, practices, policies, and procedures of the RPD;
8) Police Accountability Board Ordinance;
9) civilian oversight history, models, trends, theories, standards and best practices;
10) how to conduct independent and objective civilian complaint investigations, e.g.

interviewing, collection and preservation of evidence;
11) community outreach and public reporting;
12) discipline and remediation, education-based discipline, early warning systems, processes

of arbitration/grievance
B. Community Outreach
1) The Board shall conduct outreach to community members, groups, and nonprofit

organizations. The Board shall accommodate non-native English speakers and persons
with disabilities.
2) Complaint forms and instructions shall be made available by RPD employees and at the

Board office, at Board meetings, libraries, recreation centers, PSS office, police stations,
public safety building, courts, and all other government buildings, and on the City, RPD,
and Board websites.
3) In addition to regular monthly business meetings that include review of complaints, the

Board shall hold public meetings in each City district a minimum of at least once annually,
to invite public input or comment, and to provide information education about the Board
process and its work.
4) The Board shall, through a standing Board committee, be dedicated to youth and

community engagement, establish and pursue ways to interact with and solicit input from
youth, present educational programs designed to promote public awareness of the Board
process, give the public information about their rights and responsibilities regarding
encounters with law enforcement employees, and publicize the procedure for filing a
complaint with the Board.

 5) The City shall provide the Board with a website on which the Board shall post information,

including but not limited to: educational materials, links, videos, reports, and forms related
to the operation of the Board and its mission.
6) The Board shall survey complainants and the public to assess satisfaction and identify

concerns with the Board’s investigative and adjudicative processes.
§ 1-8. Retaliation Prohibited.
Retaliation by RPD employees against complainants, witnesses, the Board and its staff, and other
RPD employees, shall be prohibited. Retaliation includes but is not limited to: harassment,
intimidation, stalking, threats and assaults. If a complaint of retaliation is sustained by the Board,
then the RPD employee shall be terminated.
§ 1-9. Conflict of Interest.
A. No Board member or Board employee shall have any interest, financial or otherwise, direct or

indirect, or engage in any business or transaction or professional activity or incur any
obligation of any nature, which is in substantial conflict with the proper discharge of their
duties in the public interest. Any conflict of interest prohibited by Article 18 of the General
Municipal Law or by the Code shall disqualify a member. A conflict of interest shall include,
but is not limited to: if they have reason to believe or expect that they will derive a direct
monetary gain or suffer a direct monetary loss, by reason of their official activity; or if any
benefit or detriment accrues to them as a member of a business, profession, occupation, or
group to a greater extent than any other member of the business, profession, occupation, or
group.
B. If a Board member has a personal, business or other relationship or association with a party to

or a witness in a case before the panel to which such member has been assigned, the member
shall disclose this situation to the Chairperson, and shall request that the case be transferred to
another panel. If a Board member has such relationship in a case before the Board, the member
shall recuse themselves from deliberations or action in connection with that case.
§ 1-10. Independent Legal Representation.
The Police Accountability Board shall retain or employ independent legal counsel on a contractual
basis to advise and represent the Board. If so retained, the Board's legal counsel shall represent the
Board in the courts, shall advise the Board as to any legal matters relating to the ordinance and the
Board's duties, responsibilities, and procedures, except for personnel matters, which shall remain
under the authority of the City's Corporation Counsel. The Board's attorney shall not in the regular
course of their legal practice defend law enforcement employees. The Board's attorney shall not
participate in, nor serve as counsel to the City or any of its Council members or employees in
defense of any lawsuit arising from the incident that is before the Board. The Board's attorney and
their immediate family shall not be currently or formerly employed or contracted by the RPD or
any other local, state, or federal law enforcement agencies and immediate family of any incumbent
elected official of the City, nor have any financial ties with either members of the RPD or any
incumbent elected official of the City. Compensation for such legal services shall be established

 through the annual budgetary process as set forth in Article VI of the Rochester City Charter, 1834,
as amended. The City shall fully indemnify the Board for all legal expenses it incurs. Such legal
expenses include but are not limited to the cost of interpreting, enforcing, and carrying out the
powers and duties specified in this ordinance.
§ 1-11. Police Accountability Board Reports.
A. The Board shall publish monthly data on the receipt and dispositions of complaints.
B. All complaints shall be issued a public tracking number, which shall be included in the

quarterly and annual reports.
C. The Board shall publish public quarterly and annual reports that shall document:
1) the total number and type of complaints and the City districts in which they happened;
2) the categories of each complaint as defined in Section Three of the local law;
3) the public tracking number of each complaint;
4) the date, time, and location of each incident, whether there is video of the incident or not,

the name, age, race, and gender of the complainant(s), and if there were witnesses, how
many, and whether they are employed by any local, state, or federal law enforcement
agency and which agency; the Board shall comply with local, state, and federal law and
redact any information that may not be disclosed publicly.
5) the number of times and the types of use of force used per complaint and the total number

of times and types of use of force used;
6) the number of times pepper spray was deployed per complaint and the total number of

times pepper spray was deployed;
7) the number of times and types of pain compliance tactics used per complaint and the totals

for each use of pain compliance tactic;
8) the number of times and types of use where a Taser was deployed;
9) in the event where an RPD employee uses their firearm:
a)
b)
c)
d)

the type of weapon used (firearm, brand, type);
number of shots fired;
the range from which the firearm was fired;
injuries sustained by the complainant, animal(s), RPD employee(s), and/or any
bystanders;
e) any medical care provided and what type; whether the person or animal was killed.
k) the number of cases where the Board’s disciplinary recommendations were enforced
by the Chief;
l) the type of sanctions imposed;

 m) the number of cases reviewed by the Board;
n) the number of complaints found not to have reasonable cause to be heard;
o) the number of complainants contacting the Board but not following through with a

formal signed complaint;
p) the length of time each case was pending before the Board;
q) the number of complaints in which the Board imposed a recommendation that the City

provide restitution to the complainant and what type of restitution was imposed; and
r) the number of complainants who filed a notice of claim against the City while their

complaint was being considered by the Board.
D. The annual report shall contain:
1) The recommendations related to changes in RPD patterns, practices, policies, and

procedures;
2) Whether the prior year’s recommended changes have been implemented;
3) A summary of complainant and public survey data with an assessment of if and how Board

policies should change to accommodate concerns.
E. Quarterly and annual reports shall be publicly available on the Board's website.
F. After the Board makes a final determination on a complaint, any video associated with the

Complaint that can be made public, shall be made publicly available on the Board’s website.

§ 1-12. Audit and Evaluation.
A. The Board may, by majority vote, perform an audit, or direct that an audit be performed, to

assess the investigation and adjudication of civilian complaints.
B. An independent organization of Council’s choosing shall conduct a formal s e m i - a n n u a l

evaluation of the functions, processes, and outcomes of the Police Accountability Board. The
evaluator will make specific recommendations to the Council regarding changes to the Board’s
functions, processes and outcomes.
§ 1-13. Budget.
A. The annual proposed budget of the Police Accountability Board shall provide for sufficient

funding to carry out the powers and duties set forth in the Police Accountability Board
ordinance, including the funding of staff and all necessary operating expenses for the purpose
of resolving all complaints within ninety (90) days. The Board shall be funded through the
budgetary process of the City, pursuant to Article VI of the Rochester City Charter, 1834, as
amended. The Board budget shall be separate from, and independent of, the RPD budget.
B. The Board shall annually prepare a budget in accordance with the Budget Allocation Level

that it deemed appropriate from the Office of Management and Budget. To create a level of
parity, the annual budget will not be decreased by a percentage more than that of the RPD.

 This provision shall ensure that adequate costs for the Board will be met based on the size of
the RPD. (See proposed budget, Appendix C.)
C. The Board shall submit the proposed budget, along with appropriate financial documentation,

to the Mayor and Council, during the City's annual budgetary process.
D. The Board’s first year budget shall include appropriate start-up costs, such as office

furnishings, equipment, training for all Board and staff, and a national search for the Executive
Director.
§ 1-14. Severability.
The invalidity of any provision or provisions of this chapter shall not affect the validity of the
remaining provisions thereof, but such remaining provisions shall continue in full force and effect.
If any portion of this ordinance conflicts with the RPD employees’ respective current Collective
Bargaining Unit Agreements, RPD Rules and Regulations, and/or the RPD General Orders, the
applicable sections of this ordinance shall prevail.
§ 1-15. Effective Date.
This local law, as amended, shall take effect immediately subject to the provisions of the Municipal
Home Rule of the State of New York.

 APPENDIX A
Police Accountability Board Supporting
Organizations
19th Ward Neighborhood Association
Action for a Better Community
Action
Together
Rochester
African
American
Health
Coalition
American Baptist Churches of
Rochester Antioch Missionary Baptist
Church Baber AME Church
Beechwood
Neighborhood
Association Black Student Leadership
Catholic Family Center
Changing of the Scenes Neighborhood
Assn. Christians Witnessing for Palestine
Church of the Assumption
Church of the Epiphany
Church Women United
Citizen Action of New York
Coalition for Police Reform
Colgate Rochester Crozier Divinity School
Dimitri House
Downtown United Presbyterian Church
DUPC Justice Team
Empire
Justice
Enough Is Enough
Facing Race, Embracing Equity
First Unitarian Church
First Universalist Church
Flower
City
Parents
Network
Flying Squirrel Community Space
Greater Rochester Community of Churches
Hillside Children's Center
Ibero American Action League
Incarnate Word Lutheran Church
Inner Faith Gospel Tabernacle
International Socialists Organization
Judicial Process Commission
Latino Health Coalition
Light the Way
M.K. Gandhi Institute

Metro Justice
Mt. Hope Family Center
Mt. Hope Neighborhood Association
National Coalition Building Institute
National Lawyers Guild of NJ/DE
National Organization for Women,
Rochester, NY
North East Area Development
Partners in Restorative Initiatives
Peace of Christ Parish
Rochester ACTS
Rochester Committee on Latin America
Rochester Democratic Socialists of
America
Rochester Zen Center
ROCitizen
Rowe Photo
Shades
of
Sisterhood
Showing Up for Racial
Justice Sisters of St. Joseph
Sisters of Mercy
Social Welfare Action Alliance
South West Common Council
Spiritus Christi Church
St. Frances Xavier Cabrini
Parish St. Joseph’s House of
Hospitality
St.
Monica’s
Church
Sufi Order of Rochester
Table 23
Take Back the Land
Teen
Empowerment
The Children’s Agenda
The Interfaith Alliance of Rochester
Turning Points
United
Christian
Leadership
Ministry UR Students for a
Democratic Society Urban League
of Rochester
Women's Initiative Supporting Healing

 APPENDIX B
Police Accountability Board Sample
Executive Director Job Description
The Executive Director shall be responsible for hiring and supervising staff. All such persons and
their immediate family shall be free of any conflict of interest, including but not limited to current
or former employment with the RPD or any other local, state, or federal law enforcement agency.
Duties shall include:
 maintain secure files of Board records, compliant with all applicable local, state, and federal
laws;
 develop an ongoing account and statistics of Board business, including all data required
for reports;
 refer complainants to service or advocacy agencies as appropriate;
 represent the Board as appropriate;
 assist complainants to file and present their cases to the Board including: interviewing
witnesses, taking statements; advising on matters such as requests for subpoenas;
 oversee and conduct investigations or portions of investigations of complaints when it is
determined that the PSS file is missing relevant material; create and maintain such forms and
processes as may be necessary to document and summarize a complaint and any subsequent
investigation, to present a complaint to the Board, to track the processing and determination
of a complaint, and to identify statistics and trends related to complaints and in reference to
the categories of misconduct and the demographics of residents of the City of Rochester,
including but not limited to race, ethnicity, sex, gender, gender identity and/or expression,
sexual orientation, religion, disability, primary or secondary language other than English,
immigration or refugee status, and the location in which an incident occurred;
 evaluate information in each complaint, summarizing key facts for presentation to the Board;
 make recommendations to the Board as to whether there is a reasonable basis on which a
complaint should proceed to a hearing;
 provide written notice to complainants regarding the disposition and status of a complaint and
the basis for this determination at least every 30 days;
 assist the Board in pursuing community and youth engagement;
 keep regular working and office hours consistent with other City departments;
 research and develop ongoing training for the Board to assist it in developing further
competence;
 assist the Board to design and deliver appropriate public education programs;
 track Board expenses, prepare periodic written and oral reports;
 facilitate communication and scheduling for Board meetings and hearings;
 assist the Board to study patterns, practices, policies and procedures within the RPD, make
recommendations for policy changes to City Council, and publish them at least annually;
 assist the Board in the review of PSS files, and the initiation and establishment of
investigations into the conduct of individual RPD employees, even in the absence of
a civilian complaint, when based on information and belief that relevant material is
missing and an investigation is warranted;
 provide written notice to the City Council and the Mayor of vacancies within five (5) business
days of a resignation or removal of a Board member by action of the Council, and at least
sixty
(60) days prior to the end of a term; and

 

other tasks as needed or as directed by the Board and its Chairperson within the jurisdiction
of the Board.

 APPENDIX C

SAMPLE POLICE ACCOUNTABILITY BOARD BUDGET - BASED ON OTHER CITIES
Suggested
Bracket
Personnel:
Salary Range*
Fringe Range
Total Range
Administrator/Executive Director
28
$71,010 $93,708 $33,132 $38,353 $104,142 $132,061
30
$77,160 $101,740 $34,547 $40,200 $111,707 $141,940
Executive Staff Assistant
Clerk III w/Typing Part Time

18
7

$45,376 $59,223
16,519
20,651

27236 30421.3 $72,612 $89,644
1,264
1,580
17,783
22,231

Total Cost of Personnel $202,102 $253,815 ED bracket 30
$194,537 $243,936 ED bracket 28
Facility:
Off-site lease - should include board room to conduct meetings
Heat, light & power
Office Maintenance/Cleaning
Phone
Total Facility

36,000
2,300
5,700
1,200
45,200

Total Miscellaneous

2,500
300
2,000
2,300
8,000
10,000
50,000
2,000
2,000
2,000
81,100

Total One-time Start-up Costs

15,000
4,000
19,000

Miscellaneous Supplies & Services
Copier - toner, paper, etc.
Dues/Membership
Printing/Promotional
Cellular Phone (2)
Stenographer (?)
Training (for staff and PAB members)
Professional Services (legal and investigative)
Refreshments for Meetings
Mileage reimbursement
Office supplies

One-time Start-Up
Furniture & Fixtures
Computers

*Represents wage rates in effect July 1, 2018

Total Cost Range of PAB - Year 1 $347,402 $399,115 Bracket 30
$339,837 389,236 bracket 28