Legal Handbook for Council Members 2022

the Police Community Review Board, shall execute and adhere to a confidentiality agreement that is satisfactory to the city. For purposes of this subdivision, the term "disposition of disciplinary charges" includes determinations that the charges are sustained, not sustained, unfounded, exonerated, classified as an information file, or classified as any other disciplinary disposition category subsequently adopted by the Greensboro Police Department." Membership Pursuant to the 2018 resolution, the GCJAC is made up of nine members. Pursuant to the same resolution, the PCRB is made up of seven members. Four of those members will be appointed by the GCJAC Chair (from the current GCJAC membership), and the remaining three members will be appointed by the mayor (with City Council approval). Each member will serve three-year, non-concurrent terms. Current Review Process/Procedures Receiving Complaints and Appeals: Citizens may file a complaint or an appeal with the Criminal Justice Administrator for the GCJAC. A complaint of misconduct against a sworn police officer involving any violation of law, regulation, City ordinance, or policy may be filed with the PCRB at any time. When a complaint is received, but has not been investigated by the Police Department, the Administrator refers the matter to the Professional Standards Division to be investigated and disposed of in accordance with the procedures specified in the Departmental Directives of the Greensboro Police Department. An appeal from a Police Investigation may be filed at any time. Processing Appeals: All matters reviewed by the PCRB are appeals from the disposition of charges by the Professional Standards Division of the Greensboro Police Department. Upon receipt of an appeal to the PCRB, the Administrator places the appeal on the agenda for review by the PCRB. The Executive Secretary also requests the Professional Standards Division to provide the PCRB with a copy of the facts relied upon in determining the disposition by the Greensboro Police Department. Pursuant to NCGS § 132 1.4A, City legal requests court approval to show the body-worn camera recordings to the PCRB in closed session. Review of Appeals: The PCRB may review all information provided by the complaining party, the disposition of charges and the facts provided by the Police Department in order to determine if the Police Department followed its own procedures in undertaking the investigation. The PCRB can also make recommendations as it relates to policy making or training. The PCRB does not determine whether the outcome of the investigation is agreeable, and they do not make recommendations as it relates to discipline. Voting: Any member may propose and move to adopt a decision by the PCRB which agrees or disagrees with the procedures followed by the Police Department in reaching its determination. If, after reviewing all available information, the PCRB does not have sufficient facts to reach a decision, a member may propose a decision that the PCRB has insufficient facts to agree or disagree with the procedures deployed by the Police Department. Every proposed motion must be supported by a second, and every motion supported by a second must be put to a vote by the PCRB. A simple majority of the members present is required to pass any proposed decision. A decision by the PCRB may include a recommendation to the Chief of Police and the City Manager for the revision or adoption of a policy.