Title
Overview of Police Disciplinary Review Board, Use of Force Board and the City Civil Service Board
Description
This report provides the Public Safety and Justice Subcommittee with an overview of the Police Department's Disciplinary Review Board, Use of Force Board and the City's Civil Service Board to include their purpose, makeup and the selection processes of those serving on the boards.
THIS ITEM IS FOR INFORMATION AND DISCUSSION.
Report
Summary
Police Disciplinary Review Board
The purpose of the Disciplinary Review Board (DRB) is to determine the appropriate level of discipline for violations of City or Police Department policies. The board is responsible for hearing cases related to employee discipline and making recommendations to the Police Chief as to the type of discipline the board determines to be appropriate given the nature of the violation, along with any previous violations or admonitions and the past work history of the employee. The board is also responsible for reviewing policy violations that are referred to the board by the Police Chief. Generally, these violations involve misconduct that would result in a minimum of a 24-hour suspension. The DRB also reviews use of force incidents found to be out of policy by the Use of Force Board (UFB). The DRB is advisory to the Police Chief. Final decision authority rests with the Police Chief.
The DRB members are comprised of:
- One chairperson who is a member of the Police Department's executive staff, appointed by the Chief. The chairperson serves a three-year term.
- Two commanders who are not in the employee's chain of command who serve on a rotational basis. For civilian employees, there is one commander and one civilian administrator selected on a rotational basis who are also not in the employee's chain of command.
- Two peer members who are employees in a similar job classification, who have volunteered to serve on the board, have met the department's selection criteria and are not currently assigned to the affected employee's bureau/precinct. Selection is made from the approved employee peer list on a rotational basis.
- Two citizen members from the citizen list approved by the Police Chief who are selected randomly on a rotational basis.
Regarding peer employee appointments to both the DRB and UFB, the Police Department conducts an internal recruitment for interested candidates. Employees who completed applications, met the department's criteria for being a board member and are approved by the Police Chief are appointed for a two-year term. Appointments may be extended by the Police Chief.
Regarding citizen appointments to both the DRB and UFB, the Police Department advertises for interested candidates though the department’s Community Affairs Specialists at community meetings and through the department’s various community advisory boards. Interested candidates are provided with a description of the review boards along with the requirements to be a participant. The candidates must be a resident of Phoenix or have a vested interest in the City, such as a business owner. Police Department staff and the Police Chief review the applications received. In addition, the candidates must also pass a background check. Selected members receive training and serve a three-year term and may be reappointed by the Police Chief. Appointment authority for the boards rests with the Police Chief.
Every effort is made to ensure diversity in the staffing for each DRB and UFB.
Police Use of Force Board
The purpose of the UFB is to determine whether appropriate levels of force were used by involved employees. The board hears cases related to employees’ use of force to determine if the force utilized was within the limits established by Police Department policy. The following recommendations identified by the board are forwarded to the Police Chief for review and action:
- In policy.
- Out of policy.
- Employee needs more training.
- Department needs to introduce a new training technique.
- Department needs to re-evaluate its policies.
All officer-involved shooting incidents and in-custody deaths are automatically referred to the UFB for review. The UFB is advisory to the Police Chief. Final decision authority regarding in-policy or out-of-policy determinations rest with the Police Chief.
The UFB members are comprised of:
- One chairperson who is an assistant Chief, appointed by the Chief. The chairperson serves a three-year term.
- One commander who is not in the employee's chain of command who serves on a rotational basis.
- One peer member who is an employee in a similar job classification, who has volunteered to serve on the board, has met the department's selection criteria and is not currently assigned to the affected employee's bureau/precinct. Selection is made from the approved employee peer list on a rotational basis.
- Three citizen members from the citizen list approved by the Police Chief who are selected randomly on a rotational basis.
City Civil Service Board
Chapter XXV of the Charter creates a merit-based system of personnel administration for employees in the classified service and establishes the Civil Service Board. Per Chapter XXV, the Board “…consists of five residents, citizens and electors of the City to be appointed by the City Council, to serve three-year staggered terms to be fixed by the Council.” Additionally, “Not more than three of the members shall be adherents of the same political party, and no member shall hold any other salaried public office.”
The Board provides an independent review of significant disciplines through an administrative hearing process. The Civil Service Board accepts appeals of significant discipline (suspensions, demotions, and dismissals) and assigns the administrative hearing to a Hearing Officer. Following an administrative hearing where the City and the Employee Representative present evidence and arguments, the Hearing Officer makes a written recommendation to the Board.
Hearing Officers have the option of sustaining the discipline, modifying the discipline, or rejecting the discipline. The recommendation of the Hearing Officer is then reviewed by the Civil Service Board for action; the Board can sustain/accept, modify, or reject the recommendation of the Hearing Officer. The decision of the Civil Service Board is final and binding.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and Deputy City Manager Toni Maccarone, and the Police and Human Resources departments.