A proposal to create a board of Little Rock residents that would have the power to review police actions and recommend further investigation will go before city directors for a vote Tuesday.
The proposed ordinance that Mayor Frank Scott Jr. presented to the Board of Directors last week would set up a five-member body that would review citizen complaints about police protocol or interactions in the areas of corruption, discrimination and use of force.
If the ordinance is approved, then the board will likely be the first of its kind in Arkansas. Mark Hayes, executive director of the Arkansas Municipal League, said Friday that he wasn't aware of any others in the state and didn't recall any cities asking the organization for help developing one.
There are about 150 law enforcement oversight agencies in municipalities nationwide, and their powers and structures vary, according to the National Association for Civilian Oversight of Law Enforcement. There are about 15,400 police departments and sheriff offices in the United States, a 2015 report from the U.S. Justice Department states.
The National Association for Civilian Oversight of Law Enforcement breaks oversight agencies into four categories: ongoing monitoring and auditing authorities; review systems; administrative prosecutorial units; and systemic audits of high-risk police programs.
The organization notes on its website that most agencies are a mix of different elements from those four types.
City Attorney Tom Carpenter said he intended for the board to be an auditing body to "look at the situation and say, 'OK, did we consider everything?'"
According to the proposed ordinance, the board would be tasked with reviewing investigations for accuracy, completeness, impartiality, objectiveness and thoroughness. It would process complaints against Little Rock Police Department members, policies or practices. It also would make recommendations to the city Board of Directors on law enforcement policies and practices relating to case review.
The board would deliver an annual written report to the city Board of Directors and would have its own bylaws. It also would conduct public sessions on law enforcement policies and practices within its jurisdiction, allowing residents to make comments. In its meetings, it would review complaints or hear discussion of investigations from the Little Rock police's staff.
The scope of incidents and police interactions that the review board would investigate includes corruption, discrimination and use of force resulting in injury or death.
Complaints would be reviewed within 60 days of the initial request, unless the mayor granted an extension.
The board would be provided with information from the Police Department, subject to court orders or direction from the prosecuting authority about the release of information during ongoing criminal investigations. The board would be able to obtain additional information or the assistance of expert witnesses, as well.
After its review, the board might concur with the Little Rock Police Department's decision or with a previous investigation, request additional information or say that the investigation is incomplete and needs additional review.
For instance, the board could say there was another witness who should have been questioned or another interview that should have been conducted, Carpenter said.
Carpenter said it was possible that the Little Rock board's powers could go beyond auditing investigations if it encounters a situation in which disciplinary action is possible. Under the proposed ordinance, the board isn't granted the power to discipline officers.
Before his tenure as Little Rock police chief began in April, Keith Humphrey was head of the Norman, Okla., department, where he set up that city's Citizens Public Safety Oversight Committee.
According to Norman's government website, the committee reviews expenditures, monitors the implementation of community policing concepts and issues reports to the City Council and the public annually or as requested by the council. The group may also conduct reviews and make recommendations on public safety as assigned by the council.
If approved, the Little Rock ordinance would allow for the creation of the new board without eliminating the existing Civil Service Commission. The commission is made up of seven residents who are responsible for overseeing personnel disputes, promotions and regulation or policy violations involving the Little Rock fire and police departments.
The Civil Service Commission is not tasked with reviewing complaints of corruption or discrimination, Human Resources Director Stacey Witherell said. The city doesn't track the nature of the actions appealed to the commission.
The commission heard eight complaints in 2016, eight in 2017, two in 2018 and four so far in 2019, according to a log made available by the human resources department last week. In all of those cases, the commission either upheld the decision of the department or the complaint was dropped or deemed untimely.
Other cities in Arkansas, including North Little Rock, Fort Smith and Fayetteville, have civil service commissions but not review boards.
Review board members would be appointed by the mayor. They would be required to live within the city limits.
Under the ordinance, the board would be required to include one person actively involved in neighborhood issues and one person selected from nominations made by a business association. Membership should reflect the city's demographics, the ordinance states.
Members would be required to complete training on law enforcement and Little Rock Police Department rules and regulations.
The Little Rock Board of Directors is scheduled to vote on the ordinance at its 6 p.m. meeting Tuesday.
A Section on 07/22/2019