Alexandria’s Independent Community Policing Review Board unanimously opposes proposed changes to its authority to investigate allegations of police misconduct.
Earlier this month, the board opposed ordinance changes reducing its subpoena power, as well as a proposal to let the City Council act as a final arbiter on whether cases are investigated in the event of an impasse between the Board and the Independent Policing Auditor. The changes were drawn up by a subcommittee, which includes Vice Mayor Sarah Bagley and Council Member Canek Aguirre.
“The latest proposed changes were the result of hours of meetings that included input from all stakeholders,” Bagley told ALXnow. “We all share a goal of seeing this Board getting to work and providing valuable oversight not only in investigations but in meaningful policy examinations and recommendations. I am eager to see them working with the Auditor’s office and Alexandria Police Department to evaluate not just individual police actions but also the policies that govern police interactions and that should aim to produce the most just and equitable outcomes.”
Specifically, the council will consider changing the board’s subpoena power to subpoena duces tecum, meaning that the board would only have the ability to gather documents and evidence, not officers. Additionally, in the event of an impasse from the Board on whether to investigate an allegation, the matter would be solved with a City Council decision.
The eight-member board, which has two vacancies, has struggled to get off the ground since it was founded in the wake of the murder of George Floyd at the hands of a Minneapolis Police officer. The event sparked international outrage, and at home then-Mayor Justin Wilson and city leaders called for police accountability. In May 2021, Council approved creation of the eight-person review board and spent more than a year searching for an independent auditor to investigate allegations of police misconduct and report to the board. The Board meets monthly, but has failed to make quorums and hasn’t been able to investigate any allegations of misconduct until creating a memorandum of understanding with the Alexandria Police Department.
Ameratu Kamara, the city’s independent policing auditor, said officers have a constitutional right to not incriminate themselves or testify if subpoenaed. Kamara also said that Council would only intervene in the “rare” event that the auditor’s office refuses to investigate a matter.
“Let’s say that there’s something held by APD or by a witness out in the community, meaning like they have ring camera footage,” Kamara told the Board in a special meeting on April 10. “I would be able to get a subpoena for that stuff, and including like, let’s say they have security footage at a CVS, things like that that are sort of hard to get in a normal investigation, I would be able to do that. But, I think the overall takeaway for subpoena power is it’s going to be used for tangible items… and not people. That is meaning officers and third party witnesses.”
Board Member Deborah Porter said that the foundation of the Board is at stake.
“Why do we have the Board?” Porter said. “If the majority of the Board feels like the investigation should go forward… I feel like that should stand, and I also believe that Council has given the Board the authority to do that.”
The Board submitted the following in a letter to Council:
The ICPRB opposes the proposed structure in which disagreements between the Alexandria Independent Police Auditor (AIPA) and the ICPRB on initiating independent investigations are determined by the City Council. We believe this framework is counter to the purpose of creating an independent Board in the original ordinance, where this power is delegated to an independent, appointed body by the City Council. Under the revised structure, the City Council acts in place of the decision-making role of the ICPRB and makes the Board’s role largely irrelevant, while adding additional steps to an already multi-step process of police oversight.
The ICPRB opposes reducing the subpoena power (originally with the ICPRB, but now proposed to be with the AIPA) to the power to issue subpoenas duces tecum and supports the retention of full subpoena authority. Subpoena duces tecum eliminates the ability to subpoena individuals, whether they are APD officers who retain Garrity rights, or other witnesses from the public. Full subpoena authority may be necessary to obtain all relevant evidence needed to conduct thorough investigations, including key, but reluctant witness accounts in the most sensitive and controversial cases. In addition, it reinforces the independence of the oversight process.
Former City Council Member Mo Seifeldein proposed the ordinance creating the Board and is opposed to the changes.
“What this recommendation is suggesting is basically maintaining the status quo that the Council or the city will make the ultimate decisions without the citizens having a say,” Seifeldein said. “It basically makes the board toothless and also calls into question the city’s fiscal responsibility as to how it’s handling taxpayers money. If you wanted to maintain the status quo, I am not sure what purpose the Board will have.”
