cover
TO: Mayor Richard C. Irvin
FROM: City Staff
Aldermen's Office
CHANGE Reform Initiative Stakeholder
DATE: October 30, 2020
SUBJECT:
The attached ordinance proposes the creation of a Civilian Review Board (CRB) for the City of Aurora.
PURPOSE:
The purpose of this draft document is to provide the Council the opportunity to review and discuss the proposed language that would create and govern the CRB.
BACKGROUND:
The proposal to create a CRB was a component of the Community Helping Aurora's Necessary Growth and Empowerment (CHANGE) Reform Initiative. The multi-phased process has included the following:
i. Review police Use of Force Policy (Completed July 2020)
ii. Review police Training Policy (Completed July 2020)
iii. Conduct an audit for body cameras (R20-189)
iv. Explore the implementation of a Civilian Review Board (R20-0232; October of 2020)
v. Introduce Ordinance establishing the CRB (November of 2020)
On October 13, 2020 the City Council approved R20-0232 "A Resolution Directing the Preparation of an Ordinance Establishing a Civilian Review Board to Review Matters Involving the Police Department" (attached). On Tuesday, October 27, 2020, staff presented an update on the proposed complaint process to the Public Health, Safety and Transportation (PHST) Committee in order to receive feedback (infographic attached). The direction received during both of these review processes have been incorporated into this draft ordinance.
DISCUSSION:
As referenced above, the attached draft ordinance represents extensive work from city staff, outside legal counsel, Aldermanic representation (Alderman Llamas and Alderman Jenkins), the Aurora Police Department (APD) Command Staff and a moderator from the CHANGE Reform Initiative Sessions, Judge Kim Bright. The draft up for review today also represents feedback from the City Council from both the approval process of R20-0232 and the recent PHST presentation.
The proposed ordinance contemplates the creation of a CRB, which establishes an additional process for civilians to submit complaints in addition to the current process of individuals having to go directly to the Office of Professional Standards (OPS) at the APD. The ordinance proposes a nine (9) member board, made up of Aurora residents that will work in tandem with the APD's existing complaint process. The CRB will provide a non-law enforcement voice to the disciplinary process, providing an additional accountability measure in the chain of command.
The CRB will also provide feedback on training processes and policy decisions, review and evaluate the disciplinary process for consistency and provide reports to the public through a CRB webpage on topics relevant to the community, to name a few. The CRB will serve as a conduit from the community to the police department, creating a formal body to ensure positive community relations continue.
IMPACT STATEMENT:
The creation of the CRB will have a positive impact on the community as a whole, as well as the APD.
RECOMMENDATIONS:
It is respectfully requested the Rules, Administration and Procedures Committee review the draft ordinance and forward to the Committee of the Whole for full Council review.
cc: Rules, Administration and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance creating a civilian review board to review matters involving the police department.
..body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, on October 13, 2020, the City Council adopted Resolution R20-232, which declared it to be the policy of the City that a review board consisting of civilians be established by ordinance and tasked with the review of specific polices and practices of the police department and of the discipline of its members in certain situations;
WHEREAS, R20-232 directed the corporation counsel to commence the preparation of an ordinance consistent with the purpose and provisions of R20-000 and to present the same to the City Council for deliberation thereupon without delay; and
WHEREAS, Exhibit A of this Ordinance fully conforms to the purpose and provisions of R20-232 in all material respects;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the provisions set forth in Exhibit A of this Ordinance shall be and hereby are adopted; and further
BE IT ORDAINED, that the powers and duties vested in the Civilian Review Board by this Ordinance shall become effective upon the appointment and qualification of at least five (5) board members; and further
BE IT ORDAINED, that the Mayor shall make all reasonable efforts to appoint such persons as he deems qualified to serve on the Civilian Review Board for the advice and consent of the City Council as soon as practicable.