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File #: 200265    Version: 0 Name:
Type: Resolution Status: ADOPTED
File created: 3/12/2020 In control: CITY COUNCIL
On agenda: Final action: 3/12/2020
Title: Authorizing the City Council Committee on Public Safety to hold hearings to investigate the Police Board of Inquiry's disciplinary process within the Philadelphia Police Department.
Sponsors: Councilmember Jones, Councilmember Gilmore Richardson, Councilmember Parker, Councilmember Quiñones Sánchez, Councilmember Thomas, Councilmember Gauthier, Councilmember Brooks, Councilmember Bass, Councilmember Squilla, Councilmember Oh, Councilmember Gym
Indexes: POLICE DEPARTMENT, PUBLIC SAFETY
Attachments: 1. Signature20026500
Title
Authorizing the City Council Committee on Public Safety to hold hearings to investigate the Police Board of Inquiry's disciplinary process within the Philadelphia Police Department.
Body
WHEREAS, The Police Board of Inquiry (PBI) has a hearing process in place for officer discipline within the Philadelphia Police Department (PPD). All hearings follow a classification and can either be deemed as "Public" or "Internal"; and
WHEREAS, In general, not much is known about the "internal" investigatory and PBI processes. These investigations are conducted in secret and the classification of "internal" seems to be given on an "ad hoc" basis. An overwhelming number of Police Investigations are classified as "internal." This classification shields these cases completely from public view; and
WHEREAS, While there may be sound rationale for classifying these cases as "internal," there is no PPD policy available to the public that would guide the classification. Cases are classified as "internal" regardless of whether confidentiality is actually needed when reviewing the matter; and
WHEREAS, From what has been observed of "public" PBI hearings, the system does not seem to be designed with officer accountability in mind. The PPD and the Police Union are involved in all aspects of the process as the accused, prosecutor, jury, judge and witnesses. The accused is represented by hired counsel, while the PPD is represented by a department advocate without formal legal training. Additionally, the procedure often relies on a higher criminal burden of proof as opposed to an administrative standard of preponderance of the evidence. Finally, the determination of guilt is made by a hearing board, also solely compromised of police officers, and in all cases the final decision is made by the Police Commissioner; and
WHEREAS, The PPD receives thousands of citizen complaints every year, yet only 2% of these complaints result in a guilty verdict. Moreover, those receiving a guilty v...

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