The Geneva City Council is holding a public hearing on Jan. 20 at 6 pm to hear community members’ thoughts about the proposed Police Review Board (PRB). The full text of the legislation is available on the city’s website (cityofgenevany.com/police-reform/), but here’s a quick summary of the essentials:
What is the PRB?
The PRB will be a 9-member board that reviews complaints about misconduct by the Geneva Police Department (GPD) and recommends changes to GPD’s policies to make sure that policing in our city is as fair and ethical as possible.
What is the difference between the PAB that I’ve been hearing about and the PRB?
Nothing! The City Council was originally going to name this new board the “Police Accountability Board” (PAB), but they made a last-minute change to rename it the “Police Review Board” (PRB). That change didn’t impact what the board will be or the work that it will do.
Who will be on the PRB?
The PRB will be a civilian review board, so the members will be ordinary residents of Geneva like you! There cannot be any people currently or formerly employed by law enforcement agencies or their immediate family members on the PRB—so in other words there will be no cops on the PRB.
Can I be a member of the PRB?
If you have lived in Geneva for 12 months or more, you can (and should) apply! Members serve for 3 years and are chosen by the Geneva City Council.
How can I file a complaint to the PRB once it is established?
While the details can only be finalized once the law has been passed, we do know that complaints will be accepted by the PRB, city council (including through individual councilors), and the GPD. They will be accepted in-person or by phone, email, or web form. When submitting a complaint, it will be your choice if you would like to remain anonymous.
How will the PRB investigate complaints?
Once the PRB receives a complaint, they will ask the GPD to investigate the complaint and submit the evidence they find to the PRB. The PRB can then decide if they need to do additional investigations on their own. The PRB will have the power to interview complainants, witnesses, GPD officers, and gather evidence. They will even be able to subpoena people.
What are the possible outcomes of a PRB investigation?
After the PRB is satisfied that the complaint has been thoroughly investigated, they will vote on what the verdict, so to speak, should be. The support of a majority of the PRB (5 members) will be required to hand down a decision. Their options will be:
1) Exonerated: the alleged act occurred, and it was legal, proper, and justified
2) Unfounded: the alleged act did not occur
3) Not sustained: there is not enough evidence to prove or disprove the allegation
4) Sustained: the alleged act occurred, and it was a violation of policy, procedure, rules, regulations, or a statute
5) Misconduct noted: act(s) of misconduct that weren’t in the original complaint were discovered in the course of the investigation
6) Training issue: the alleged act occurred due to a lack of training
7) Withdrawn by complainant: the person who filed the complaint asked to terminate the investigation
8) No findings/closed: circumstances prevented the investigation from being completed properly
9) Policy issue/policy failure: the alleged act occurred but was in accordance to the GPD policies, however those policies are determined to be insufficient, poorly designed, or outdated
Does the Chief of Police have to listen to the PRB when imposing discipline based on a complaint?
No, but, the chief does have to produce a written explanation of why they chose the discipline they did. This means that if the discipline imposed differs from the PRB’s recommendation, the chief will have to explain why and therefore can be held accountable in the court of public opinion!
How can I give City Council my feedback on this proposed PRB?
There is a public hearing scheduled for Jan. 20 at 6 pm where the councilors will listen to feedback. People can speak for 3 minutes or can submit a written comment ahead of time to be read by the city clerk (LJG@geneva.ny.us) for 3 minutes if they cannot attend to read it themselves. Residents of the city of Geneva will go first, followed by non-residents. The hearing will last as long as necessary for everyone to be heard.