Civilian panel reviews investigations of police misconduct
 |
| Members of the Police Civilian Review Panel and independent police auditor speak to the public in Annandale Nov. 16. From the left: Randy Sayles, Hansel Aguilar, Jean Senseman, Kathleen Davis-Siudut, Adrian Steel (panel chair), police auditor Richard Schott, Doug Kay, Steve Descano, and Hollye Doane. |
The Fairfax County Police Civilian Review Panel offers
another layer of oversight over controversial actions of the county’s police
department. It doesn’t have the authority to investigate complaints, however, only
to review investigations by the Fairfax County Police Department’s Bureau of
Internal Affairs (BIA).
another layer of oversight over controversial actions of the county’s police
department. It doesn’t have the authority to investigate complaints, however, only
to review investigations by the Fairfax County Police Department’s Bureau of
Internal Affairs (BIA).
The independent police auditor can initiate investigations
for certain issues, including the use of force, but has no authority to take
any disciplinary actions.
for certain issues, including the use of force, but has no authority to take
any disciplinary actions.
Neither the auditor nor the panel have authority over the
Fairfax County Sheriff’s Office or any law enforcement agency other than
the FCPD.
The roles of both groups are more about persuading the BIA
and chief of police to ensure that investigations of improper conduct are
done in a thorough, accurate, and impartial manner, the auditor and members of the civilian review
panel explained at a community forum in Annandale Nov. 16.
and chief of police to ensure that investigations of improper conduct are
done in a thorough, accurate, and impartial manner, the auditor and members of the civilian review
panel explained at a community forum in Annandale Nov. 16.
The panel and auditor were established by the Board of
Supervisors last December in response to the recommendations from the Ad Hoc Police Practices Review Commission, which was created by the BoS following a
police-involved shooting and other accusations of police misconduct.
Supervisors last December in response to the recommendations from the Ad Hoc Police Practices Review Commission, which was created by the BoS following a
police-involved shooting and other accusations of police misconduct.
The panel is “an independent body that will make sure when a
complaint is made, it will be followed up on,” BoS Chair Sharon Bulova told the
audience of about a dozen people. “This group doesn’t investigate complaints;
it looks at whether complaints are done properly.”
complaint is made, it will be followed up on,” BoS Chair Sharon Bulova told the
audience of about a dozen people. “This group doesn’t investigate complaints;
it looks at whether complaints are done properly.”
Members of the panel include attorneys; advocates for immigrants,
minorities, and the mentally ill; and people with experience in law
enforcement.
minorities, and the mentally ill; and people with experience in law
enforcement.
The panel’s main responsibility is reviewing investigations
on “the misuse of authority and serious misconduct” by FCPD officers, said the
panel’s chair, Adrian Steel, who had been a member of the Ad Hoc Commission.
The panel will look at such issues as harassment, discrimination, inappropriate
language, and rude or threatening behavior.
on “the misuse of authority and serious misconduct” by FCPD officers, said the
panel’s chair, Adrian Steel, who had been a member of the Ad Hoc Commission.
The panel will look at such issues as harassment, discrimination, inappropriate
language, and rude or threatening behavior.
While the panel isn’t authorized to address issues unless it receives a request from a member of the public, Richard Schott, the independent police auditor, is charged with initiating reviews of FCPD incidents and monitoring investigations that deal with an officer-involved shooting, in-custody death, or use of force that results in serious injury or death.
Schott, a retired FBI agent who spent 17 years training other agents at the FBI headquarters in Quantico, reports directly to the Board of Supervisors. He told the audience he is currently monitoring an investigation of a police officer who shot a “domesticated animal.”
A complaint by a citizen would be investigated by the FCPD’s
Bureau of Internal Affairs (BIA), Steel said. If the citizen isn’t satisfied
with how the BIA dealt with the incident, he or she could file a complaint with the auditor’s office. The same form is also used to request a review of an investigation by the panel.
Bureau of Internal Affairs (BIA), Steel said. If the citizen isn’t satisfied
with how the BIA dealt with the incident, he or she could file a complaint with the auditor’s office. The same form is also used to request a review of an investigation by the panel.
The panel would speak with the
complainant, and possibly other involved parties, in a public meeting and then
could ask the BIA to carry out a more thorough review of the matter. The panel cannot take testimony or receive
evidence. It can, however ask the BIA to
interview witnesses.
complainant, and possibly other involved parties, in a public meeting and then
could ask the BIA to carry out a more thorough review of the matter. The panel cannot take testimony or receive
evidence. It can, however ask the BIA to
interview witnesses.
“Our deliberations will be done in a public way,” said panel member Doug Kay, an attorney. “There will be full transparency.”
After meeting with the individual who filed a complaint, the
panel would issue a report within 90 days. It could either concur with the
BIA’s finding, determine the BIA report is incomplete and request further
study, or advise the BoS that the BIA findings are not compatible with its
review and request a review by the chief of police.
panel would issue a report within 90 days. It could either concur with the
BIA’s finding, determine the BIA report is incomplete and request further
study, or advise the BoS that the BIA findings are not compatible with its
review and request a review by the chief of police.
The panel “can disagree with a finding but we don’t have
authority to act on it,” Steel said.
authority to act on it,” Steel said.
If the auditor finds an investigation by the BIA is not
complete, accurate, or impartial, Schott said, he would report that
disagreement to the chief of police, who would be expected to continue with the
investigation.
complete, accurate, or impartial, Schott said, he would report that
disagreement to the chief of police, who would be expected to continue with the
investigation.
If a conflict with the chief cannot be resolved, the matter
would go to the BoS. If the BoS sees that “the panel and auditor we created
have reports saying they are not happy with the way things are handled, we
would have issues with the chief,” Bulova said. “We hire the chief. If he or
she is not serving the community the way we want, we can dismiss the police
chief.”
would go to the BoS. If the BoS sees that “the panel and auditor we created
have reports saying they are not happy with the way things are handled, we
would have issues with the chief,” Bulova said. “We hire the chief. If he or
she is not serving the community the way we want, we can dismiss the police
chief.”
A member of the audience expressed frustration with the
process, noting that complaints will bounce around among the panel, the BIA,
the auditor, and BoS, and might never get resolved.
process, noting that complaints will bounce around among the panel, the BIA,
the auditor, and BoS, and might never get resolved.
Those comments are valid, said panel member Kathleen Davis-Siudut,
who works on human rights issues and wants to bring “a lens of cultural
sensitivity” to the FCPD. She urged citizens to invite the panel to their
communities. “I want to build that trust. I want to hear your concerns,” she
said.
who works on human rights issues and wants to bring “a lens of cultural
sensitivity” to the FCPD. She urged citizens to invite the panel to their
communities. “I want to build that trust. I want to hear your concerns,” she
said.
Steve Descano, a former federal prosecutor who serves on the
panel, told the audience he has been concerned about the “improper and tragic police interactions” with the public around the country and
“realized good policing is what the community says it is; it’s when police
actions reflect the values of the community they serve.”
panel, told the audience he has been concerned about the “improper and tragic police interactions” with the public around the country and
“realized good policing is what the community says it is; it’s when police
actions reflect the values of the community they serve.”
Panelist Hansel Aguilar, an immigrant from Honduras who investigates
police misconduct in Washington, D.C., said he wants to improve trust among
immigrants who come from places where the police are viewed with suspicion.
police misconduct in Washington, D.C., said he wants to improve trust among
immigrants who come from places where the police are viewed with suspicion.
Randy Sayles, a retired patrol officer who had also been a
special agent with the federal Drug Enforcement Agency, said he’s had “several
unfortunate situations” with the police – he had to go court to fight unfair
tickets – and hopes “average citizens should not have to jump through these
sorts of hoops.”
special agent with the federal Drug Enforcement Agency, said he’s had “several
unfortunate situations” with the police – he had to go court to fight unfair
tickets – and hopes “average citizens should not have to jump through these
sorts of hoops.”
Sayles hopes people not comfortable with reporting an
incident to the BIA will be more comfortable going to the panel.
incident to the BIA will be more comfortable going to the panel.
“We’re not going to let anything go that we think is wrong,”
Steel said. “You’re going to have to trust us.”
