Council Members Calsolaro and Smith introduced the following:

LOCAL LAW C - 2008

            A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE CIVILIAN POLICE REVIEW BOARD AND MULTIPLE COMPLAINTS AGAINST AN OFFICER

            BE IT ENACTED by the Common Council of the City of Albany as follows:

            Section 1.  Section 42-342 of Chapter 42 of the Code of the City of Albany is hereby amended to read as follows:

§ 42-342. Filing of complaints.
Complaints concerning police conduct shall be filed with the Police Department or submitted to the CPRB for filing with the Police Department as provided in this section. The CPRB may designate one or more locations for the submission of complaints for filing with the Police Department.
A.      Complaints shall be lodged in writing using the City of Albany Police Department Citizen Complaint Form as approved by the CPRB for that purpose and shall be signed by the complainant. Complaint forms shall be printed in English and Spanish and shall be available at any City of Albany Police Department facility, the City Department of Administrative Services, the City Clerk's office and any other location designated by the CPRB.

B.  A copy of each complaint submitted to the CPRB for filing with the Police Department shall be forwarded to the Police Department within two working days of its receipt; additionally, a copy of each complaint submitted to the Police Department (other than those submitted by the CPRB) shall be provided to the CPRB within two working days of receipt by the Department. Upon receiving a complaint, the CPRB shall notify the complainant of the City's mediation program established in accordance with § 42-346 of this Part 33.  The Chief of Police shall notify the CPRB in writing if the officer or officers complained against have had other written complaints filed against them and the general nature and outcome of each complaint.  This written notification shall be made within two weeks of receiving the complaint or receiving notice of a compliant filed with the CPRB.  The section shall not require the release of the identity of the officer involved for compliance.

C.      Complaints shall be filed within six months of the date of the incident giving rise to the complaint. Complaints filed after six months of the alleged misconduct shall, however, be returned, or accepted and reviewed by the CPRB upon a majority vote of its members to do so. The complainant shall be notified by the Board of the decision as to whether the complaint be returned, or accepted and reviewed.

            Section 2.  This local law shall take effect upon final passage, public hearing and filing with the Secretary of State.

Matter in [brackets] to be deleted.  Matter underlined is new material.