Civilian Review Board: Then and Now

CRB: History

In the summer of 2020 while the pandemic raged, calls for police reform took center stage following the murder of George Floyd in Minneapolis. In Richmond there were protests night after night and ultimately, in July 2020 Ordinance 2020-155 was introduced and passed by city council establishing a task force on the establishment of a civilian review board (CRB).   This task force would not BE the CRB but would do the research on how to establish a CRB in Richmond and make those recommendations to City Council.

In December 2020, a list of proposed task force members came before Richmond City Council and after public outcry, were rejected. At the time, there were concerns about past law enforcement members being on the task force. Ultimately, three members were removed: former Petersburg Police Chief John Dixon III, former police officer Charlene Hinton, and leisure industry consultant John Gerner. They were replaced with Jewel Gatling, Erik Nielsen, and Sylvia Wood. The new slate of appointees was voted on and approved in January 2021.

Throughout the spring and summer of 2021, the task force hosted 17 meetings, 5 town halls, and one public survey before submitting their recommendations to City Council in August 2021. In September and October 2021 the recommendations were presented at an informal city council meeting and Public Safety Committee meeting.

Then, at the request of the Stoney administration, in February 2022 VCU Professor Dr. William Pelfrey Jr. submitted a report and presented alternative recommendations to City Council. Following this report, Mayor Stoney introduced Ordinance 2022-091, for the purpose of establishing a Civilian Review Board, to City Council in March 2021. This ordinance outlined specifically how the CRB would be established and function. 

So what are the differences between what the establishment task force recommended and the final ordinance that got submitted? Good question. According to analysis by Dr. Eli Coston, one of the establishment task force members, quite a bit. The short story of the differences in their analysis is:

  • Structure and Independence from Police- The task force recommendations (TFR) was to remove the complaints process from the police department while Stoney’s ordinance allows for the intake, investigation, and a determination of findings to be made by the police department prior to being reviewed by the CRB.

  • Scope of Powers- The TFR were for the CRB to hear all complaints; however, the ordinance only allows CRB investigations in specific circumstances after the investigation has been completed by Internal Affairs. The circumstances where CRB inquiries are allowed are: police officer-involved shootings, deaths of persons while held in custody of Richmond Police Department (RPD), serious injuries to persons while held in custody of RPD, accusations of physical or verbal abuse by RPD officers, and appeals by citizens of a finding or decision by RPD.

  • Composition and Appointment of Members-  The TFR that City Council appoint members to the CRB through a committee selection process with approval by full council. The Mayor’s ordinance gives Council three appointments, the Mayor three appointments, and the Police Chief one appointment.

  • Subpoena Power- While both the TFR and the ordinance have subpoena power, the power is limited in the Mayor’s ordinance as it requires five out of seven board members to request the subpoena instead of a simple majority.

  • Binding Disciplinary Authority- The TFR were for binding disciplinary authority to be granted to the CRB while the ordinance only allows the CRB to provide recommendations to the Chief of Police.

  • Compensation for CRB Members- The TFR were for $100 per meeting of the CRB while the ordinance caps $1,200 annual compensation.

  • Staff to CRB- The TFR were for the creation of a new city office with 10 dedicated staff including investigators while the ordinance provides for one full-time city staff person under the office of the Inspector General.

  • Budget- The TFR was for a $1.2 million budget based mostly on the staffing requirement while the ordinance only grants $200,000. This is mostly impacted by the reduced number of staff members provided for by the ordinance.

  • Location of CRB- The TFR was to create an independent Office of Community Oversight and Police Accountability while the ordinance structure is for one staff member falling under the Inspector General’s office.

Then in September 2022, Stoney introduced an amended ordinance (ORD 2022-261) after working with City Council members on changes. One of the main changes was the composition of appointees to the CRB. Instead of seven appointees split between Mayor, Council and the Chief of Police, the amended ordinance allows for eight appointees split evenly between City Council and the Mayor with 5/8 required to move a motion forward or 6/8 for subpoena requests. It also changed some of the requirements for who can be appointed to the board by removing a 5 year residency requirement and replacing it with a requirement to be a resident, adding that no more than 2 members shall be residents of the same Council election district, and adding that no one with a pending complaint or litigation against RPD may be on the task force. The new ordinance also increased the stipend from $100 per meeting with a $1,200 annual cap to $200 per meeting with a $2,400 annual cap. Additionally, instead of an employee assigned by the Inspector General, the new resolution would have City Council be responsible for appointing the full-time employee to serve for the CRB. 

Despite the changes, advocacy groups continued to push back against the Mayor’s ordinance. Richmond City Democratic Committee passed a resolution through the general body in October 2022 calling on City Council to add more teeth to the ordinance including specific recommendations.

Ultimately, Ordinance 2022-261 passed City Council without amendments on October 10, 2022 which means the funding for the CRB became available with the budget starting July 1, 2023.

CRB: Current Status

In September 2023, the city posted a job listing for a Civilian Review Board Manager to be hired pursuant to the passed ordinance. With a salary range of $87,618-$139,958, the duties of the CRB Manager would include:

  • Administering, coordinating, and managing all functions related to the Richmond Civilian Review Board

  • Providing oversight of the various activities and project integrations performed by the Board 

  • Establishing policies and procedures of the Board, and ensuring compliance

  • Interpreting federal law, state statutes, and local ordinances and ensuring proper application 

  • Facilitate the processes for Freedom of Information Act (FOIA) requests

  • Providing professional analysis including analysis of complicated issues

  • Preparing, writing, and updating various reports, analyses, evaluations, investigation requests, subpoena requests, budgets, and other documentation

  • Presenting information to Council, RPD, and the general public as required

  • Supporting and working closely with other agency personnel to ensure accuracy of information

  • Serving as a liaison to external departments and entities

  • Presenting information, responding to requests, and providing training opportunities for Board members

  • Performing other related duties as required by City Council

So now in the third week of January 2024, the job listing is still posted and open; however, according to 1st District Councilman Andreas Addison, the city has received several qualified applicants to interview that are happening last week and this week.

Once the CRB Manager is hired, the next step is to appoint the eight board members. At the time of writing, response to inquiry regarding the appointment process had not been responded to; however, we can assume the City Council appointment will happen through the board and commission appointment process that is administered through the clerk’s office. 

Jessee Perry