Police Review Board Mission and Procedures

NOTICE OF PUBLIC MEETING
UC BERKELEY POLICE REVIEW BOARD
Thursday, May 8, 2014, 4:00 p.m.

The UC Berkeley Police Review Board is holding its annual public meeting on Thursday, May 8, 2014 at 4:00 p.m. in Room 105 at the Law School on the UC Berkeley campus.

The Police Review Board (PRB) is the campus’ official monitor of the civilian complaint process for the University of California, Berkeley, Police Department (UCPD).  It is made up of campus community members, including faculty, staff and students.

The Board has posted a draft of its report on the PRB website (see PRB Reports & Updates): vcaf.berkeley.edu/police-review.  This report covers the activities of the Board from July 1, 2011 through December 31, 2013.  At the meeting, there will be an opportunity for interested individuals and organizations to comment on, or ask questions about the work of the PRB and UCPD.  After the meeting, the Board’s final report, reflecting input from the public meeting, will be posted to the PRB web address.

If you have any questions about the report or the public meeting, please contact the Board either through PRB staff assistant Kathleen Moore (krmoore@berkeley.edu) or through the Board’s Chair, Professor Charles Weisselberg (cweisselberg@law.berkeley.edu).

Current Police Review Board Voting Membership
Rishi Ahuja, ASUC Representative (appointed January 2014)
Andrew Brighten, Graduate Assembly Representative
John Cummins, Community Representative
Michael G. Harris, Professor Emeritus, School of Optometry
Laura Kray, Professor, Haas School of Business
Rochelle Niccolls, Staff Representative
Charles D. Weisselberg, Chair, Professor, School of Law

Departmental Representative
Lieutenant Eric Tejada, UC Police Department

Staff Assistant to the Board
Kathleen Moore

The Chancellor of the University of California, Berkeley established the Police Review Board in June 1990. The function of the Board is to administer citizen complaints against the sworn members of the University of California Police Department and to monitor and review departmental policies and procedures.

Mission Statement

The Berkeley Campus Police Review Board exists to review appeals taken from civilian complaint investigations undertaken by the University of California Police Department. In appropriate cases, it has the power to order the department to reopen its investigation or to conduct its own independent investigation and hearings in the matter. The Board also performs an audit role, examining the overall performance of the department's complaint process and the quality of police-community interactions and making policy recommendations concerning those issues as appropriate. In both its review and audit capacities, the Board reports to the Vice Chancellor-Administration. The membership of the Board consists of UC faculty, students, and staff, as well as a retired police officer and a member of the off-campus community.

Police Review Table of Contents

Procedures for Handling Citizen Complaints Against Sworn Members of the University of California Police Department

I. General

  1. Application of Procedure
  2. Definitions
  3. Composition and Training of the Board

II. Filing Complaints, Mediation and UCPD INVESTIGATION

  1. Initiation of Complaints
  2. Recording of Complaints and Informing Interested Parties
  3. Mediation
  4. UCPD Investigation

III. Appeal to the Board and External Investigation

  1. Appeal
  2. Timing Rules
  3. Panel Review
  4. Summary Affirmance
  5. Remand to the Department
  6. External Investigation
  7. Investigation, Timetable, and Report
  8. Notification to the Parties

IV. Responses to External Investigation in Lieu of Board Hearing

  1. No Contest Response
  2. Summary Dismissal
  3. Summary Affirmance

V. Board of Hearing

  1. Function
  2. Composition of the Hearing Board
  3. Bias of prejudice
  4. Confidentiality
  5. Presence of Hearing
  6. Evidence
  7. Hearing Procedure
  8. Deliberation
  9. Majority Vote
  10. Standard Proof
  11. Categories of Findings for Each Allegation
  12. Report of Board Findings and Notification
  13. Petition for Rehearing
  14. Circulation of Findings to the Chief of Police

Vl. Complaints Against Chief, Assistant Chiefs, and Captains

Vll. Other Issues Relating to Appealed Complaints

  1. Authority of Internal Affairs of the Chief of Police
  2. Exceptional Cases
  3. Waiver
  4. Record-keeping

VIII. Oversight and Reporting Function

  1. Receipt of Information from the Department
  2. Public Reports and Meetings

IX. Review of these Procedures