This Annual Report describes the principal activities of the Police Review Board (PRB or Board) for Fiscal Year 2010-2011, as well as the complaints lodged during that period with UCPD Berkeley, and their disposition.

The Police Review Board's Responsibilities

The PRB has two standing responsibilities and occasionally is given special assignments by the Chancellor. The two standing responsibilities are (1) to consider the merits of appeals from the disposition by UCPD of civilian complaints about the conduct of sworn UCPD officers, and (2) to monitor and review departmental policies and procedures, particularly with respect to how UCPD processes and addresses civilian complaints and the quality of UCPD interactions with the campus community.

Overview of the Board's Activities July 2010-June 2011

There was one (1) complaint presented to UCPD during this time period, and it did not result in an appeal to the Board. A description of that complaint and list of Work File Memos are attached at the end of this report.

The Board held a public meeting on November 16, 2010, which was attended by approximately fifteen students and community members. Chair Brazil provided a summary of PRB responsibilities and activities in 2009 and through most of 2010. He described the pertinent activities surrounding the November 2009 occupation of Wheeler Hall and also noted the complaints received related to that event. He highlighted actions taken by UCPD and the Board. He referenced the June 2010 special report to Chancellor Birgeneau that outlined recommendations, and noted that UCPD has already or is in the process of implementing about half of the Board's recommendation.* The campus administration appointed a project team to review all the recommendations from the 2010 report.

*Note: The project team members presented their report, dated September 30, 2011, to Chancellor Birgeneau in a letter dated October 12, 2011. While the Police Review Board annual report covers the period July 1, 2010 through June 30, 2011, the campus project team's report is referenced here since its findings relate to PRB's May 2010 report. View report on the PRB website.

Membership of the Police Review Board and Contact Information

Under policies adopted in 2001 by the University of California, Berkeley, the Board has eight deliberating and voting members: a chair, two representatives of faculty, two student representatives (one undergraduate and one graduate student), a representative of the Berkeley community bordering the campus, a representative of campus staff, and a person who formerly had professional experience in law enforcement. UCPD designates a liaison officer to provide information to the Board and to coordinate UCPD's efforts to respond to the PRB's questions or requests.

Wayne Brazil, a professor in the School of Law, was appointed chair in January of 2010. He resigned his post in January 2011. In May 2011, Chancellor Birgeneau appointed Jesse Choper, Earl Warren Professor of Public Law to serve as PRB Chair.

Most of the members of the Board served for all of this reporting period: Nilima Bhatia as the staff representative, Michael Harris and William Oldham as faculty representatives, Fran Packard as community representative, and Ron Nelson as the representative with professional experience in law enforcement. Captain Margo Bennett served as UCPD liaison to the Board. The student representatives on the Board for academic year 2010-11 were Munira Lokhandwala (representative from the Graduate Assembly) and Omar Kunbargi (ASUC's representative). Nilima Bhatia resigned from her position as staff representative and the staff representative for 2011-12 is Tyson Nagler. Pam Sutherland, Assistant to the Vice Chancellor, Facilities Services, is the staff to PRB (appointed 12/14/11).

Information about the Police Review Board, its mission, the rules under which it operates, and its annual activities is available on the Board's website.

The chair of the PRB may be reached by email at jchoper@law.berkeley.edu. The Vice Chancellor of Administration and Finance oversees the PRB.

This final Annual Report is respectfully submitted on December 14, 2011 by the Police Review Board of the University of California, Berkeley.

Jesse Choper, Law Professor and Chair
Michael Harris, Professor Emeritus, School of Optometry
Omar Kunbargi, ASUC representative
Eve Weissman, Graduate Assembly representative (appointed 12/13/11)
Tyson Nagler, Staff representative
Ronald Nelson, formerly Chief of Police for the City of Berkeley and for UCS
William Oldham, Emeritus Professor, Electrical Engineering and Computer Sciences
Fran Packard, Community representative

Attachment: 2010/11 Complaints Report by UCPD (July 1, 2010 - June 30, 2011)

ATTACHMENT

Complaints Report by UCPD and Work File Memos (July 1, 2010 - June 30, 2011)

10C-03 COMPLAINT
"C" alleged that the officer displayed unprofessional conduct, unreasonable use of force, false detention/arrest. The findings for each allegation exonerated the officer.


Work File Memos:

A Work file memo is used by UCPD when the complaint is minor and can be responded to immediately. The written Work File Memo is routed from the Complaint Investigation Unit to the employee's immediate supervisor and is maintained for the evaluation period. These do not require any action by the Police Review Board.

10W-03 WORK FILE MEMO
"Cs" alleged that officer framed them for speeding ticket.

10W-04 WORK FILE MEMO
"C" alleged officer used excessive force.

10W-07 WORK FILE MEMO
"C" alleged that an SPO failed to provide name and badge number upon request.

10W-08 WORK FILE MEMO
"C" alleged that officer displayed unprofessional conduct.

10W-09 WORK FILE MEMO
"C" alleged that officer was racially biased. Counseled officer and reminded him/her of our expectation regarding the professional level of policing our officers provide our community. Documentation has been placed in personnel file.

10W-10 WORK FILE MEMO
"C" alleged the officer acted unprofessionally during an enforcement stop in the bicycle dismount zone.

10W-11 WORK FILE MEMO
"C" alleged the officer acted unprofessionally during an enforcement stop in the bicycle dismount zone.

10W-12 WORK FILE MEMO
"C" alleged the officer used unprofessional language during an enforcement stop.

10W-13 WORK FILE MEMO
"C" alleged the officer illegally seized the complainant's medical marijuana.

NOTE: 10W-05 & 10W-06 generated internally and not associated with complaint process.

11W-01 WORK FILE MEMO
"C" alleged that the officer did not respond to a cold request for service in BPD's jurisdiction".

11W-02 WORK FILE MEMO
"C" alleged that the officer was rude and discriminatory.

11W-04 WORK FILE MEMO
Associated with a 2010 complaint (10C-03) not subject officer.

11W-05 WORK FILE MEMO
"C" alleged officer was dishonest about "C" smelling like marijuana.

11W-06 WORK FILE MEMO
"C" alleged that officer was unprofessional.

11W-07 WORK FILE MEMO
"C" alleged the SPO was dishonest reporting to "C's" employer that "C" was rude when delivering packages to California Hall.

NOTE: 11W-03 generated internally and not associated with complaint process.