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Public Access, Case Monitoring, and Review Process Protocols
Mission:
To strengthen the system of police accountability by providing an independent review of the Office of Professional Accountability (OPA), by making recommendations that address both citizen and law enforcement officer concerns, and thereby building confidence and credibility in police-community relations in Seattle.
Preamble
The Office of Professional Accountability Review Board (OPARB) is committed to a transparent police accountability process. Accordingly, all members of the public should have open access to OPARB and may contact the board and/or individual board members to discuss their interest, concerns, issues and/or events related to police accountability and citizen oversight of the police accountability system. A member of the public includes all people regardless of occupational and/or citizenship status.
Any member of OPARB that is confronted with an event that, in his/her view, may require implementation of the OPA process has a duty to report this event to OPA at the first reasonable opportunity. This access will be guided by the following protocols:
Standard Access Protocols:
- Members of the public may access/contact members of OPARB using the standard access methods including but not limited to the following:
- OPARB Website
- Board Members' city e-mail
- The City Council phone number
- The City Council Staff
- Individual OPARB members will check the city provided e-mail system on a daily basis to facilitate both public access and communication.
- Individual members will contact the City Council staff to request that specific e-mails be archived according to city archival protocols.
- All media inquiries made to individual Board Members and/or city staff will be directed to the OPARB Chair for management and response.
OPARB Regular Meetings:
- A portion of the official OPARB regular monthly meeting(s) will be devoted to public comment.
- Members of the public will be given 3 minutes to comment on any issue, concern or topic related to police accountability.
- At the discretion of the OPARB Chair the 3-minute limitation may be extended or waived.
- Members of the public will sign in on a roster listing name and address.
- Materials on the OPA and OPARB process and/or activities will be made available to members of the public at the meetings and upon request.
- In addition to the standard public comment period at regular OPARB meetings, members of the public may request that issues, concerns and/or topics may be placed on the agenda for a specified time by contacting the OPARB Chair the Friday prior to the regularly scheduled Board meeting(s) and obtaining the Chair's approval to add the item to the agenda in advance of the regularly scheduled meeting.
- OPARB may schedule special meetings to address specific issues, concerns and/or topics raised by members of the public, at the discretion of the board based upon majority vote to schedule a special meeting.
- Individual board members will advise the full board of any public contacts made to the individual member to discuss specific police accountability events and/or cases.
- Individual members will notify their fellow Board Members within 48 hours of emergency events or critical public contacts by phone or by face to face contact.
Potential and Open OPA Cases:
By statute OPARB is prevented from formally reviewing open OPA cases. OPARB will utilize the following protocols when presented with a possible OPA case:
- When members of the public present the board and/or individual board members with an event and/or police action that could qualify as an OPA case, the board and/or individual board members will:
- Listen to the public member's account of the event etc. to determine if their event relates to police accountability in Seattle.
- Inquire if the public member has filed a formal complaint with OPA
- If not, the public member will be referred to OPA and advised of the general process.
- If the public member has filed the case with OPA, the member will be advised that OPARB cannot review the case while it is open but may monitor the case using the protocols discussed below. (Cross reference language from John Fowler's letter re handling of officer's names)
- By majority vote OPARB may request the Auditor to monitor any potential and/or open case that comes to the attention of OPARB.
- By majority vote OPARB may request the Director of OPA to monitor any potential and/or open case that comes to the attention of OPARB.
Closed Case Review
- A member of the public may request OPARB to review any specific closed OPA case.
- By majority vote OPARB may request OPA to forward any specific case once it is closed, for review by OPARB
- By majority vote OPARB may request the Auditor to review any closed case and advise OPARB on the outcome of that review.
- Specific cases requested by OPARB for review will only be reviewed for system and protocol compliance as per authorizing legislation.
- OPARB may inquire of OPA if the officers and/or members of the public involved in the nominated cases are frequent participants in the OPA process.
- While authorized to review all closed OPA cases, a random sample of closed cases will be requested from OPA by OPARB for standard monthly review using establish random selection protocols.
- In addition to the standard monthly case review, OPARB may request from OPA specific types and/or categories of closed cases covering any defined period of time for OPARB review.
Public Member Update and Feedback
- A log will be kept on those cases brought to OPARB by members of the public for OPARB monitoring and/or review.
- Upon completion of OPARB case monitoring and/or review of a public member-nominated specific case, the OPARB Chair will send a letter to the public member advising them of the outcome of the review.
"TieBreaker" Protocol
- OPARB's authorizing legislation requires OPARB to act in a tie breaking role if there is disagreement between the OPA Director and the OPA Auditor concerning a case. OPARB will use the following protocol to fulfill its tie breaker responsibility:
Step one: Review the case file and any written documents developed by OPA and/or OPA Auditor
Step two: Ask the OPA Director to come before the Board and present the arguments for the OPA position on a case.
Step three: Ask the Auditor to come before the Board and present the arguments for the Auditor position on the case.
Step four: Convene an executive session in which OPARB will review and discuss the case.
Step five: By majority vote OPARB will rule on the case.
Step six: The Chair will issue a written ruling reflecting OPARB's ruling on the case.
Conflict of Interest:
- Individual OPARB members will recuse themselves from all those cases, closed or open, where a conflict of interest or the appearance of a conflict of interest exists according to the city definition and policy concerning conflicts of interest.
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