TOWN COUNCIL OF CHAPEL HILL, NORTH CAROLINA

A RESOLUTION TO ESTABLISH A CIVILIAN REVIEW BOARD (CRB)

WHEREAS, Chapel Hill is committed to the human rights of its residents and to actions that preserve and protect those rights; and

WHEREAS, the Town Council is committed to upholding the civil rights and civil liberties of all persons in Chapel Hill and their free exercise and enjoyment of any and all rights and privileges secured by the constitutions and the laws of the United States, the State of North Carolina, and Chapel Hill; and

WHEREAS, the Council of the Town of Chapel Hill passed “A Resolution Regarding the Protection of Civil Rights and Civil Liberties (2003-10-08/R-5.1) on October 8, 2003, affirming these rights, resolving to  encourage local law enforcement agencies to continue to preserve residents’ freedom of speech, religion, assembly, and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon those rights by federal law enforcement under powers granted by Acts or Orders cited herein; and

WHEREAS, it is appropriate that in conferring the police with powers to protect these rights that civilians have a role in determining the standards by which they are policed and an independent civilian review board affords citizens with an opportunity to engage in that role by providing a venue through which to air grievances, express concerns, and voice recommendations; and

WHEREAS, a civilian review board must be independent, to conduct an independent investigation of complaints and not a civilian review of an investigation conducted by a police internal affairs bureau, not a civilian review of police review;

THEREFORE, BE IT RESOLVED by the Town Council of Chapel Hill that the Council does hereby resolve to initiate a Citizens Review Board (such as a model detailed by the American Civil Liberties Union of Florida (www.aclufl.org/take_action/download_resources/civilian_review_model.cfm), for the purposes to:

1. Establish closer citizen/police understanding and to give residents a process for a review of complaints about treatment by the police.

2. Provide suggestions to the police department about training and procedures by the department.

FURTHER, BE IT RESOLVED by the Town Council of Chapel Hill shall establish

1. The composition of such a CRB to include a former mayor, a former district court judge, a former Town Council member, and representatives from the NAACP—Chapel Hill-Carrboro Branch, the Hispanic community, the Interdenominational Ministerial Alliance, the University of North Carolina Student Government; and observers and resource persons, such as the Town Manager, a representative from the Town Council, and member of the Police Department.

2. A process with a staff person at Town Hall designated as secretary to receive complaints from the public, the CRB to meet in called session in response to specific resident concern or complaint with a quorum of at least three required to hear complainant and police response, a meeting to be called within 30 days of the complaint, and a public report made on the outcome.

This the ______________day of _________________, 2008.

_____________________________________

Kevin C. Foy, Mayor

Town Council of Chapel Hill