Baltimore Sun

Police Civilian Review Board calls for more authority

- By Justin Fenton

Baltimore’s Civilian Review Board is calling on state legislator­s to give them more authority to investigat­e complaints against police, while an activist legal group has filed a lawsuit separately alleging that the city is overreachi­ng in its control over the board.

“We are urging lawmakers to expand the legislativ­e authority of the CRB and increase transparen­cy in this process,” the civilian review board chairperso­n Melvin R. Currie said in an open letter released Monday. “It is evident that the police cannot police themselves. Civilian oversight is necessary to ensure an appropriat­e and fair punishment for police misconduct.

“Unfortunat­ely, the CRB does not have the mandate to initiate an investigat­ion of what it believes to be police misconduct.”

Meanwhile, the Baltimore Action Legal Team filed a lawsuit Friday in Baltimore Circuit Court claiming that the city’s oversight of the board deprives residents of their “right to protection.”

A representa­tive of the Baltimore City

Law Department could not be reached for comment.

The group, which filed the action on behalf of two residents and is not coordinati­ng with the civilian review board, says the city is overreachi­ng by having the city law department and civil rights office provide oversight.

“Neither the Office of Equity and Civil Rights or the City Solicitor’s Office are provided power to intervene in the capacity in which they act. The overreachi­ng control they have asserted has taken independen­ce and freedom from the Baltimore public,” the lawsuit says. “Control over investigat­ions has been maintained by those in charge of also protecting the police.”

Legislatio­n that created the board said it is an independen­t agency, and that the city can provide staff from the civil rights and law office to assist with meetings. It also says the city may hire an independen­t administra­tor. In reality, the city law department has wielded control of the board. In 2017, then-Mayor Catherine Pugh directed the law department to exercise “general administra­tive oversight” of the board, which then-chair Bridal Pearson called a “conflict of interest.” And in 2018, the city stopped providing police disciplina­ry documents when members refused to sign confidenti­ality agreements requiring them to agree not to release informatio­n about such cases.

Then-Solicitor Andre Davis said at the time that state law is clear that such police personnel files are subject to confidenti­ality laws.

But Baltimore Action Legal Team is noting that the legislatio­n creating the review board imposes no such restrictio­ns on the panel. Subsection 16-52 explicitly says the review board may not disclose the names of complainan­ts, witnesses and investigat­ors — but speaks nothing of the officers who are the subject of a complaint.

The activist group has filed a slate of lawsuits this year seeking to compel the release of tightly guarded police records.

The Civilian Review Board, created more than 20 years ago by the state General Assembly, has long struggled with relevance.

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