The Select Board unanimously supports the thoroughly researched and carefully developed recommendation of the Police Civilian Advisory Board Study Committee to establish a standing commission which will serve as a civilian resource for the public to file complaints, raise concerns, or recommend commendations about Arlington police officers, as well as a forum examine Arlington policing policies and practices. The purpose of the recommended commission bears highlighting:

The purpose of the Arlington Civilian Police Advisory Commission is to provide an opportunity for increased understanding and trust between the community and the Arlington Police Department, assist members of the public as a resource in the event they have complaints, concerns, or commendations about policing in Arlington or specific police personnel, and to provide the Arlington Police Department and Town management with a public forum for feedback about police personnel, policies, procedures and data.

The Board agrees with the Study Committee that a Civilian Police Advisory Commission with this purpose (and the recommended commission composition, duties and responsibilities of the proposed bylaw to achieve such a purpose) is well-customized to fit the needs of Arlington. Generally, the Arlington Police Department, including its internal investigation of complaints against its officers, has provided very high quality, modern, community-centric policing throughout the Town. However, the Study Committee identified specific areas of community concern, including unfamiliarity with how to file complaints (or commend exemplary officer conduct), confidentiality questions, anxiety about filing complaints against the police with the police, and specific stories where personal trust in the police department was eroded. Germane to these sometimes competing data points, in at least one compelling story relayed to the Study Committee in one of its fourteen (14) listening sessions, the same person reported both highly positive and highly negative experiences with APD officers under differing circumstances.

VOTED: That Title II of the Town Bylaws (“Committees and Commissions”) be and hereby is amended by inserting a new article to provide for the creation of the Arlington Civilian Police Advisory Commission under Article 16 as follows:

 

Article 15: Arlington Civilian Police Advisory Commission

Section 1. Arlington Civilian Police Advisory Commission Established

There is hereby established an Arlington Civilian Police Advisory Commission, charged with serving as a civilian resource and forum for Arlington residents and visitors and members of the public, the Arlington Police Department, and other appropriate Town personnel.

Section 2. Purpose

The purpose of the Arlington Civilian Police Advisory Commission is to provide an opportunity for increased understanding and trust between the community and the Arlington Police Department, assist members of the public as a resource in the event they have complaints, concerns, or commendations about policing in Arlington or specific police personnel, and to provide the Arlington Police Department and Town management with a public forum for feedback about police personnel, policies, procedures and data.

Section 3. Commission Composition, Eligibility, Qualification & Terms

A.  Appointment of the Commission

 

The Commission shall consist of nine (9) members, appointed by the Town Manager. To be considered for appointment members shall be nominated by the following public bodies, persons, or community entities:

 

1.   One (1) member nominated by the Arlington Human Rights Commission;

2.   One (1) member nominated by the LGBTQIA+ Rainbow Commission;

3. One (1) member nominated by the Disability Commission;

4.   One (1) member nominated by the Board of Youth Services;

 5.   One (1) member nominated by the Envision Arlington Diversity Task Group co-chairs with the approval of the Envision Arlington Standing Committee;

 6.   One (1) member nominated by the Council on Aging;

 7.   One (1) member nominated by the Menotomy Manor Tenants Association; and

 8.   Two (2) members nominated by the Select Board

Nominating authorities are not required to nominate a member of their own body. The Manager shall notify the above “nominating bodies” of vacancies and expiring terms. If any nominating body fails to act upon a notification from the Manager within ninety (90) days or in the event a nominating body is inactive, the Manager may request the Select Board to make a nomination in their place.

B.                  Eligibility to Serve

1.       All members of the Commission shall be Arlington Residents and as a total body, shall reflect racial, ethnic, gender, sexual, age, and other forms of diversity in Arlington. Additionally, the Town Manager shall appoint at least one member respectively with experience in one or more of the following areas:

a. Criminal defense or civil rights relative to police searches, arrests, or detainments;

b.  Data Analysis; and

c.  Working with underserved communities such as, but not limited to social workers, mental health counselors, or civil forms of legal aid.

 

2. The following persons are not eligible to serve on the Commission:

a. Current compensated employees of the Town, including Arlington Police Department police officers and employees;

b. Actively employed municipal police officers (defined herein as “peace officers” employed by a municipal police department subject to certification under Massachusetts Law, including “An Act Relative to Justice, Equity and Accountability in Law Enforcement);”

c.  Former Arlington Police Department law enforcement officers; and

d. Immediate family members of current or former Arlington Police Department employees.

C. Qualifications for Service

1.                   In addition to all other requirements for appointment on the Commission under the general laws of the Commonwealth, members must receive initial and continuing training in the following subjects:

a. Arlington Police Department complaint and discipline procedures;

b.   Arlington Police Department policy and operations;

c.   Relevant State Laws regarding law enforcement accountability including “An Act Relative to Justice, Equity and Accountability in Law Enforcement;”

d. Filing civilian complaints and commendations about police conduct with the Commonwealth of Massachusetts and the Arlington Police Department;

e.  Data handling and privacy;

f.  Analysis of policing data; and

g.  Other topics the Commission deems relevant.

2. Commission members, as deemed appropriate by the Commission may also be required to participate in the Citizen Police Academy when offered, and participate in Arlington Police Department ride-along opportunities at intervals established by the Commission.

3. The Commission shall affix a reasonable period of time for appointed members to complete initial and follow-up training. Failure to meet training requirements within such period shall be grounds for removal.

4. The original Commission appointees shall be deemed qualified upon completion of requirements for all committees and commissions under the laws of the Commonwealth, and be afforded a reasonable time period to establish and complete training requirements for the Commission consistent with the foregoing.

D. Initial & Subsequent Terms

Member terms shall be for three (3) years, except that initial appointment terms of members shall be staggered such that three (3) initial appointees shall serve a one (1) year term; three (3) a two (2) year term; and three (3) a  three (3) year term as designated by the Town Manager.

Members shall serve until their successors have completed training and been sworn in to service.

E. Removal of Members

At the request of the Manager, members may be removed for cause by a vote of the nominating body.

Section 4. Administration and Operation

The Arlington Civilian Police Advisory Commission shall not meet or conduct business without the presence of a quorum, which shall require a majority of the members of the Commission at any given time. The Commission shall approve its actions by majority vote of the quorum, but in no event shall action be approved by fewer than 4 members.

Section 5. Duties and Responsibilities

A.  General Duty

It shall be the duty of the Arlington Civilian Police Advisory Commission to serve as qualified advisors to the general public, the Arlington Police Department, and other Town staff with respect to policing in Arlington from a civilian perspective. The Commission shall serve as a technical resource for persons wishing to file specific complaints against or commendations of Arlington Police Department personnel, a forum for both positive and negative feedback about police conduct and policy in Arlington, and collaboratively engage the Arlington Police Department in its development or revision of police policies.

B. Specific Responsibilities

 To fulfill its duties, the Commission shall specifically be charged with:

 

 1.  Establishing a process for community members to provide information about police interactions, both positive and negative, to the commission anonymously and non-anonymously;

 2. Guiding community members through the civilian complaint or commendation process, including:

 

a.  Providing education to a community member about options for filing complaints and commendations about police conduct;

 b.   Providing complaint and commendation forms to a community member;

c.  Connecting a community member with appropriate town officials and committees;

 d.  Accompanying a community member to meetings

 e.  Following up with both the APD and the community member on any resultant investigation;

 f.   Providing periodic updates to a community member;

 g.  Collecting information about a community member’s satisfaction with complaint processes’

 h.  However, at no point in time shall Commission members individually or as a public body provide legal advice or representation, mental health counseling, or social services advocacy to community members engaging commission members for the purpose of filing complaints;

3.  Working with the Arlington Police Department to regularly publish and analyze data which can offer insight into the quality and effectiveness of the department, especially in its interactions with the public, including but not limited to:

 

a.  Complaints, including their nature, status and disposition;

b.  Police use of force incidents, including all use of firearms;

c.  Vehicle pursuits and traffic collisions;

d.  Injuries and deaths in custody;

e.  Stops, searches, citations and arrests, including demographic data;

f.   Civil lawsuits and other claims brought against the town or department

g.  Database of training; and

h.  Database of awards and commendations;