Towards better policing: The Berkeley Police Review Commission

 Berkeley Police Review Commission -  Berkeley voters created the Police Review Commission  in 1973 to ensure that Berkeley police officers act in a manner that conforms to community standards.  The PRC is a nine-member commission composed of Berkeley residents appointed by City Council members and the Mayor.  The PRC hears individual complaints and makes policy recommendations to the City Manager and the Chief of Police. The PRC continually seeks contribution and feedback from the Berkeley community in this collaborative effort.  PRC meetings and policy subcommittee meetings are open to the public, and everyone is welcome.  The PRC accepts complaints against Berkeley police officers in person, via mail, fax, or electronic mail.


Policy Oversight In addition to investigating misconduct, the PRC seeks to ensure that police policies and practices reflect the needs of the community.  An essential function of the PRC is to provide for community participation in setting and reviewing police policies and practices.  
 

Why Should A Complainant File With The PRC?The PRC is independent of the Police Department and is staffed by civilian investigators.  Staff works to ensure that all  complaints receive a fair and objective investigation and hearing.

What Happens After You File A Complaint?The PRC Investigator interviews complainants and determines the specific allegations in the complaint.  The officer named in the complaint and witnesses will also be interviewed. Officers are required to cooperate with the investigation.  Police reports and other relevant information are obtained.  An investigative report is written, and a Board of Inquiry is scheduled.

Within twenty working days of the complaint being filed, the Chief of Police and each officer who is a subject of the complaint are notified that a complaint has been filed.  At that point the police department’s Internal Affairs Bureau also begins an investigation.

Boards of Inquiry—The Hearing Process Boards of Inquiry are composed of three commissioners.  They will listen to testimony from the complainant, subject officers, and any witnesses.  Both complainants and officers may be represented by an attorney or other representative, but these hearings are not a court of law and participants may elect to speak for themselves.  At the end of the hearing, the Board members will deliberate and their decision will be announced at the hearing.  Written findings will be sent to the complainant, the officer(s), and the City Manager.

What is the result of a hearing?The PRC makes findings about allegations in the complaint but cannot make recommendations about discipline of officers.  The City Manager makes decisions about discipline after reviewing the findings of the PRC and Internal Affairs.  All complaints filed with the PRC become part of the officer’s permanent record, whether or not the allegations are sustained.
 

Mediation—An Alternative In some cases complainants have the option of choosing mediation instead of an investigation and hearing.  If the complainant and the officer both agree to mediation, they will meet with a neutral third party and attempt to resolve their differences through dialogue. In appropriate cases this can be meaningful and rewarding than the adversarial process.

Policy ComplaintsWhen members of the community have a concern about police procedure or practice, but there is no allegation of individual officer misconduct, a policy complaint may be filed.  Any person may raise a policy issue with the Commission.  The issue will be reviewed and the complainant will be notified about a hearing of the issue before the full Commission.  Policy recommendations from the PRC are presented to the City Council, City Manager, the Mayor, and the Chief of Police.

*If 50 or more Berkeley residents file a petition concerning a policy matter, the Commission will hold a special hearing to address the issue.

PRC Community Outreach The PRC wants to make sure that the community is informed about civilian oversight in Berkeley and how to effectively utilize the PRC process.  Please contact the PRC office if you are interested in receiving outreach materials or would like to arrange for a presentation at a school, place of worship, or other community meeting or forum.