2020 Referendum gives Pittsburgh voters an opportunity to expand oversight powers of Citizen's Police Review Board

Pittsburgh's Citizen Police Review Board (CPRB) has historically had little authority, but a new referendum introduced by Councilman Ricky Burgess (D-Point Breeze) will allow City of Pittsburgh residents to decide whether or not it should have more power. This was one of the 12 demands BLM protesters presented to Pittsburgh and Allegheny County officials in June.

Currently, only 3% of the 3,000 complaints received by the CPRB between 1998 and 2017 resulted in public hearings, one of the final stages before the board issues a recommendation to the Police Chief and Mayor. CPRB Executive Directory Elizabeth Pittinger said that this low number is because the board deems most complaints unfounded or do not show a clear violation of policy.

Like most ballot measures, the wording is a bit opaque. The full title of the ballot measure is:

"Shall the Pittsburgh Home Rule Charter, Article Two, Executive, be amended and supplemented by amending and adding new language to Sections 229 and 230 and adding a new Section, 231, expanding the powers of the Independent Citizen Police Review Board to allow the Board to require police officers to participate in investigations, conducting performance audits of the Police Bureau and preventing the removal of Board members except for just cause and with City Council approval?" 

Essentially, voting "YES" to this referendum would further legitimize the CPRB by requiring officers to respond to board investigations. It would also prevent the Mayor, Public Safety Director, or Police Chief from taking final disciplinary action against an officer until the board submits their findings.

Additionally, a "YES" vote would give the Mayor the authority to remove a board member for "just cause", and City Council the ability to veto the removal with a two-thirds majority vote.

Finally, the CPRB will gain the authority to conduct performance audits with the Pittsburgh City Controller.

The decision to add this question to the ballot was passed unanimously by City Council in July and appears to have strong community support. 

The CPRB has published an explainer article and the following video on their blog

The full text of Sections 229, 230, and 231, as proposed, follows:

§ 228. - INDEPENDENT CITIZEN REVIEW BOARD.

There is established an Independent Citizen Review Board, comprised of seven members reflecting Pittsburgh's diversity, for the purpose of receiving, investigating and recommending appropriate action on complaints regarding police misconduct and for the purpose of improving the relationship between the police department and the community. The members shall serve four year staggered terms and serve until the appointment of their successors. Four of the seven appointments shall be made from a list of nine nominations submitted to the Mayor by City Council. Members shall be residents of the City, shall not be employed by the City or any of its Authorities, and shall serve without compensation.

§ 229. - POWERS OF INDEPENDENT CITIZEN REVIEW BOARD.

The Board shall:

a. Receive all complaints related to the conduct of any sworn member of the Pittsburgh Bureau of Police and shall investigate selected complaints filed by individuals alleging police misconduct;

b. Establish a mediation program pursuant to which a complainant may voluntarily choose to resolve a complaint by means of informal conciliation;

c. Provide advice and recommendations to the Mayor and the Chief of Police on policies and actions of the Police Bureau, including recommendations on police training, hiring and disciplinary policies and specific recommendations of discipline for individual officers; provided, however, the Mayor and the Chief of Police shall retain full and ultimate authority to set disciplinary policies or take other actions deemed appropriate relative to the Police Bureau.

d. Hold public hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and in connection therewith require the production of evidence relating to any other matter under investigation or any questions before the board and do all other things necessary to fulfill its purpose.

e. The Board shall employ and supervise a staff including a solicitor, as necessary. The Board shall adopt procedures and rules necessary to fulfill its purpose.

f. City Council may by ordinance adopt regulations to effectuate this Charter provision.

g. With the Controller, jointly conduct performance audits of the Bureau of Police or its successor, notwithstanding any other provision of this Charter, whenever the Board and the Controller decide such joint performance audits are  necessary.

h. Be subject to fiscal audits by the City Controller whenever the Controller decides it is necessary.

i. The Board and the Commission on Human Relations, its adjuncts or successors, shall develop protocols necessary to assure complaints alleging unlawful discriminatory conduct by sworn police officers are referred to the Commission on Human Relations for evaluation and disposition if the Commission finds probable cause to proceed.

§ 230. - RESPONSE TO RECOMMENDATIONS OF INDEPENDENT CITIZEN REVIEW BOARD.

a.All officers and employees of the Bureau of Police, the Department of Public Safety, and the Office of Municipal Investigation, adjuncts or successors, shall participate in all investigations conducted by the Independent Citizen Review Board as required by the Board.

        1. This participation includes production of all officer statements and witness statements.

        2. The failure of any police officer to do so shall constitute just cause for discharge.

b. Neither the Chief, Director of Public Safety, their successors nor the Mayor shall render a final disciplinary decision regarding an act of police misconduct subject to an active investigation by the Board until the Board submits its findings and recommendations to them. The foregoing shall not apply where the Board is unable to comply with the timing requirements applicable to the City by law or to ensure the public safety. Within thirty (30) days of submission of a recommendation by the Board to the Mayor and the chief of Police, they shall respond in writing as to whether such recommendations are accepted, rejected or will be implemented with modifications.

§ 231. REMOVAL OF INDEPENDENT CITIZEN REVIEW BOARD MEMBERS

Notwithstanding any other provision of this Charter the mayor may remove a Board member only for just cause as provided herein. The Mayor shall notify the Board and City Council, detailing the findings of cause.  If the Mayor recommends removal, unless City Council, by a two-thirds (2/3) vote, disapproves this finding within ten (10) days of notification, the recommendation of the Mayor shall be final, and the Mayor shall cause the member’s removal.

Section 2. City Council shall, upon completion of the legislative process, shall cause a copy of this ordinance to be filed with the Allegheny County Board of Elections pursuant to the Home Rule Charter and Optional Plans Law, 53 Pa.C.S.A. § 2961, et seq., as amended.

Section 3. The City Clerk is hereby authorized and directed, upon notification by the Allegheny County Board of Elections of the acceptance, by the Board, of the referendum question, to cause a copy of this ordinance along with a summary, approved by Council, to be sent by United States Mail to every registered elector in the City within thirty (30) days of the November 3, 2020 General Election, in addition to causing the same to appear on the City’s website and sending, by electronic mail (“e-mail”), to any person who shall request a copy.