Police oversight approved
Spa City Council adopts controversial Civilian Review Board measure
One of the city’s most controversial pieces of legislation, the implementation of a Civilian Review Board to oversee police conduct, passed with little fanfare this week.
The City Council Tuesday unanimously adopted Chapter 37, which is being quietly celebrated by advocates who pushed for years for a CRB with subpoena powers. Yet all involved in advocating for a CRB expect that this is only the first step in restoring community faith in police. They also expect that the CRB will face challenges, mainly from the police themselves.
“I suspect that there is a good possibility it will be tested by possibly resistance from the police union,” said Terence Diggory, co-coordinator with the Saratoga Immigration Coalition, who had pressed for the CRB since 2017. “I hope that the police will understand that this is not an anti-police measure, but something that will help the police do their job through better relations with the community. If the community is more confident in the department, it
is likely there will be less friction.”
Diggory, who was also a member of the city’s Police Reform Task Force, said the ordinance passed is similar to the one proposed by the task force last year. At the time, the proposed CRB, which was included in the list of 50 recommended reforms, was rejected by police Chief Shane Crooks who also sat on the task force. Then when it came time for the council to adopt the task force’s recommendations in March 2021, the council resisted the CRB too, supporting it “in principle” only. Thereafter, all efforts to create one, including two watered-down proposals from then-public Safety Commissioner Robin Dalton, failed.
Things changed in 2022 when a new council was elected. New Public Safety Commissioner James Montagnino promised to create a CRB and using the task force’s proposal as his guide, he created the CRB ordinance that was adopted Tuesday.
Here are some of the particulars:
A The CRB will have five members who represent a cross-section of the Saratoga Springs community and who are “individuals of good character who must, at all times, remain unbiased and impartial regarding matters of law enforcement.” They must also be at least 18 years old and have lived in Saratoga Springs for a year.
A The mayor will select the chair, who will be appointed for two years. The remaining seats will be filled by council members. They will serve staggered threeyear terms. No one can serve more than six years. Applications for potential members will be accepted through early June.
A Complaints against police must be filed within 90 days of an incident. The complainant and the officer will be offered mediation. If the issue cannot be resolved with mediation, the CRB can dismiss the complaint or call an administrative hearing to determine a recommendation. All CRB recommendations will be released to the public. However, there is a provision to “strive to protect information that should remain confidential.”
A The CRB will have administrative, not judicial, subpoena power, which Montagnino said is limited as it “won’t have a contempt of court penalty for noncompliance.” However, he said an administrative fine can be handed down for noncompliance with the CRB.
Montagnino said Chief Crooks has already raised concerns, questioning what would happen if a citizen filed a complaint against an officer during an ongoing investigation. Crooks, who did not respond to a Times Union request for comment, was concerned with investigatory materials being shared with the CRB, the commissioner said. Montagnino said at that point, an investigation into police misconduct can be delayed until the case is closed.
Dan Mullans, president of the Saratoga Springs Police Benevolent Association, did not respond to a Times Union request for comment.
The city’s Black Lives Matter leader, Lexis Figuereo, said he is concerned that police won’t “make a good faith effort” to direct complainants to the CRB.
“For a police (department) currently under investigation by the attorney general’s office for misdoings ... and has been proven countless times to be untrustworthy to the public, I find it a far cry they are going to tell people ... that they can go to the CRB,” Figuereo said. “I highly doubt that ... it’s easy for the police to act like it doesn’t exist and complaints to go unfiled.”
Figuereo does acknowledge the CRB as adopted is better than anything put forward previously.
“I’m happy we do have something to start,” Figuereo said. “But I think we will continue to put pressure on City Council to put in amendments ... there is still a lot of work to do.”
Eric Lawson, an attorney who, with Diggory, advocated for a CRB even before the Police Reform Task Force recommended it, said that adopting the CRB is vital to restore faith in the police, but added that it will take time.
“The success is in the details,” Lawson said. “It will take a lot of work. But once it’s all settled down, it will be wonderful.”
Also unresolved is the cost of a CRB. Montagnino said that has yet to be calculated and won’t be known until after the CRB is seated.
Mayor Ron Kim at Tuesday’s meeting acknowledged there will be challenges, but said he is confident that CRB is the right thing to do.
“It is critical,” Kim said. “We will find the funds. I think it is essential that the process is right and we have sufficient resources to do it. Finally, I hope we never use it. In fact, I think we will find it will be rarely used but it’s so important for the trust of our citizens.”