Council Role in Police Discipline
Recently I offered a proposal to add a section to Urban County Council Rules regarding the procedure for bringing forward recommendations to Council for discipline of police officers. Unfortunately, there has been some misunderstanding about both the procedure itself and my proposal regarding it, so I am posting this in the hope that it will provide helpful information.
It is important to note that none of what follows touches on the internal review process for discipline within the Police Department. Also, this proposed addition to Council Rules is not an area covered by any of the recommendations from the Mayor’s Commission on Racial Justice and Equality.
Here is a description of the present procedure, which is governed by both local and state regulations.
- The Chief of Police and the officer involved sign an Agreement of Conformity that contains the nature of the infraction and the level of discipline to be applied. By state regulation, that information is confidential until Council either approves or disapproves the Agreement.
- The full Agreement of Conformity is conveyed to the Council Clerk by the Police Department, placed on the docket for a Council Meeting, and made available to Council Members.
- At the Council Meeting, a police officer reads only a summary of the Agreement, since by state law the full details remain confidential until the Council takes action.
- The Council then considers a motion to approve the Agreement and takes a vote.
- Once Council takes action the full Agreement then becomes a public record in accordance with the State Open Records Law.
Here’s what my proposal aims to do. First, ensure that the Agreement of Conformity contains sufficient information about the infraction to allow Council Members to make an informed decision about the level of discipline. Second, request that all Agreements that relate to police interaction with the public be presented by the Chief of Police, so that they can explain the rationale behind the level of discipline being applied. Third, to ensure that the process has integrity, prohibit Council Members from discussing the Agreement with anyone prior to its presentation at the Council Meeting.
The full proposal was #47 on the Council Docket (at 1:07 on the video) for First Reading on Tuesday, October 20, 2o2o. After extensive discussion and consideration of motions to amend, Council agreed unanimously to refer the proposal to the November 17, 2020 Planning and Public Safety Committee for further consideration.
Here is an updated version of the full proposal.
Sec. 4.109. – Police Discipline Recommendations Presented to Council.
(1) With due regard to both the need for transparency and the rights of the police officer concerned, the “Agreement of Conformity” for discipline of a police officer shall provide sufficient detail about the nature of the offense for which the officer is being disciplined to enable Council to form a judgment about the adequacy of the proposed discipline. The full Agreement shall be provided to Council Members by the Council Clerk once it is received from the Division of Police.
(2) For discipline recommendations related to violation of Division of Police policies, procedures, or general orders, but not related to allegations involving interactions with the public, the officer present at the meeting on behalf of the Division of Police or the Chief of Police shall present a summary of the Agreement of Conformity to the Council. In accordance with state law prohibiting public statements concerning discipline until final disposition, no additional information related to the factual details of the discipline shall be provided.
(3) For discipline recommendations related to inappropriate interactions with the public, the Chief of Police shall present a summary of the Agreement of Conformity to the Council. In accordance with state law prohibiting public statements concerning discipline until final disposition, no additional information related to the factual details of the discipline shall be provided, but the Chief may explain his rationale for the level of discipline recommended.
(4) Once the Council approves the Agreement of Conformity, the full Agreement shall become a public record by operation of law.
(5) Other than procedural issues, Council members shall not discuss an Agreement of Conformity with anyone prior to the agreement being presented to the Council.
(6) After the agreement is presented to the Council, Council members may be reminded, if necessary, of the procedure if the Council rejects the recommended discipline or may ask questions about the procedure.
