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Saratoga Springs Officials Discuss Civilian Review Board Implementation

A still of police body camera footage depicting one of the alleged shooters on the sidewalk on Broadway following Sunday's early morning shooting in Saratoga Springs
City of Saratoga Springs Police Department video uploaded to YouTube
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Image capture by WAMC
A still of police body camera footage depicting one of the alleged shooters on the sidewalk on Broadway following Sunday's early morning shooting in Saratoga Springs

Months after the City of Saratoga Springs approved a state-mandated police reform plan, discussion is ongoing on how to implement several key components – including the creation of a Civilian Police Review Board.

In March, the Saratoga Springs City Council voted to accept a police reform plan developed by an appointed task force over several months. Some key provisions, however, were separated out for further study, including the creation of a Civilian Police Review Board.

The CRB, as recommended by the Task Force, would be given subpoena power in the event of an administrative hearing if mediation is unsuccessful between the police department and complainants.

Tuesday evening brought an update from an implementation committee reviewing the rollout of the police reform plan. Committee member Jason Golub – who previously served as co-chair of the city’s Police Reform Task Force – presented a slideshow detailing CRBs in place in Ithaca, New York and Salt Lake City, Utah. Ithaca has had a board in place that includes subpoena power, while Salt Lake City’s board does not.

Here’s Golub speaking to the city council…

“You can see what has worked in a conservative, larger city. You can see what has worked in a more liberal, smaller city. You can see the budget. But I think more than anything, my takeaway here is that both cities have found significant value in having a CRB for a very long time, and that CRB works very well with the community and the police, and I think that’s where we need to get to,” said Golub.

In Saratoga Springs’ system of government, the Public Safety Commissioner is given oversight of the police department.

Mayor Meg Kelly, an outgoing Democrat, asked Golub if the city would need to approve an amendment to its city charter to establish a CRB.

“In our charter does that need a charter revision? Does that need to go to vote?”

“So that I can’t answer, so I’m hoping at some point Vince can answer that for us,” responded Golub.

Vince DeLeonardis is Saratoga Springs City Attorney.

Democratic Commissioner of Accounts John Franck then posed a question to Golub referring to the city’s Ethics Board.

“I’m just surprised in the subpoena power, because…the Ethics Board…in 2006 we gave the Ethics Board subpoena power. And in 2013 we reaffirmed subpoena power. None of the unions balked at it, and we were never told from two different attorneys…and they did not say that that conflicted with the charter.”

“Well I think that’s a question you all have to answer. I think that we need to understand that pretty crystal clear before we can move forward,” said Golub.

DeLeonardis explained the argument to amend the charter to create a CRB with subpoena power.

“Under our current charter, the argument is that power potentially falls under the authority granted to an elected official, whereas the subpoena power for the Ethics Board does not, there is no conflict there.”

DeLeonardis continued.

“We have to first go down the path of what will or what will not be included in a civilian review board, including the scope and authority. Once that’s defined, then we can take a look at what’s required. And if it does require an amendment to the charter, then fine, we can amend the charter. That would go to a public referendum, and then it would be up to the people to decide whether or not we do or do not have a civilian review board,” said DeLeonardis.

DeLeonardis served as a non-voting member of the city’s Police Reform Task Force. He previously warned that potential changes to the oversight of the police department could have an impact on collective bargaining agreements.

Police Chief Shane Crooks and Task Force member Kim Galvin were the two lone votes against the Task Force’s recommendation for a CRB with subpoena power in February. Other former Task Force members and advocates have accused city leaders of slow-walking the creation of the CRB, which they characterized as a valuable tool to foster trust between the police and city residents.

The Task Force’s report provides rationale for creating the CRB by citing the case of Darryl Mount Jr., a biracial man who sustained injuries after a police foot chase in 2013 and died months later.

The city has remained quiet on the case as it faces litigation from the family, and it was later revealed that in 2017 the city’s former police chief lied about the status of an internal investigation to a reporter.

The Task Force’s report says in part: “With proper civilian oversight, the existence or absence of an internal investigation in this case would have been known, and any deficiency in the internal investigation could have been remedied by a CRB investigation.”

Lucas Willard is a reporter and host at WAMC Northeast Public Radio, which he joined in 2011.