The chair of Albany's Community Police Review Board has been reappointed, but it comes at a difficult time for the body.
It's coming up on two years since the Albany Community Police Review Board plotted its new direction after voters granted the nine-member board new powers, including the ability to conduct its own independent investigations into complaints filed against police officers.
The panel has struggled to deal with a backlog of cases, what it contends is insufficient funding, and what one member describes as a contentious relationship with the Albany Police Department.
This week Board Chair Nairobi Vives appeared before the Common Council's Public Safety Committee.
“This would be my second full term with the CPRB. I joined back in June of 2020 for a very short finishing of another term and was reappointed, and then came to become chair of this board. I'm very happy with the work that I've been able to do. And with the team that we have. We have come to you to talk about some struggles that we've had. But we have had a lot of successes. I'm very proud to be able to serve the city in this position. And I if you all are willing to have me I would be happy to be reappointed to my position,” said Vives.
Voting unanimously, the committee made a positive recommendation to reappoint Vives. It is expected the full council will confirm the reappointment October 16 which comes with a caveat from Research Counsel Jake Eisland, who said, "Chair Vives, since you have filled a full first term as well as those four months from the previous term, I just like to bring to your attention that under the current structure of the CPRB and local law J, no member shall serve for a period which exceeds two full consecutive terms. That would mean that while there'll be three years to potentially revise the legislation under the current structure of legislation, you would need to resign two years and eight months into that term. Unless the law is amended before then."
It was mentioned that the Common Council will "try to change that law."
Meantime, members maintain that the board is underfunded. In fall 2022 the Common Council intervened to help the CPRB obtain some additional funding after Mayor Kathy Sheehan nixed the board's $2.8 million budget request. Local Law J mandates 1% of police department funding (about $598,000) go to the CPRB. Sheehan says the board hasn't presented her with a written budget request for 2024.
"You know, at this point, we're at the 1% statutory amount, I can say that it's 35% higher than what they spent in 2022. And right now, based on how much the CPRP has spent, they're at less than half of what was allocated to them in the 2023 budget," Sheehan said.
Aside from money troubles, a report issued in late September by Moeel Lah Fakhoury LLP, a San Francisco firm chosen by the board to help establish an infrastructure and foundational practices, noted the CPRB has "been frustrated by a series of obstructive policies and uncooperative approaches from APD and the Office of the Corporation Counsel."
Spokesman Andrew Lah says the status report points out obstructions hampering the board.
"There are limitations on accessing evidence, " Lah said. "There are issues with respect to officers, and we're getting documents from different entities getting compliance with subpoenas. And these are things that are stated expressly in the local law as that was amended. So these are important parts of independent investigations. If you can't get access to critical evidence, it's hard to really push these investigations forward."
Lah says the report makes five recommendations, including that APD should give the board unfettered digital access to evidence records; hire staff to digitize files; communicate clearly with the board and comply with CPRB's subpoenas, and provide testimony regarding allegations of officer misconduct.
"Folks want fair, transparent, thorough investigations. And really, that's what the board is trying to accomplish. But they're being thwarted, in getting access to that stuff," said Lah, noting that Albany's Corporation Counsel had been representing both the CPRB and the APD, creating a conflict of interest.
"So the board recently was able to get its own independent counsel. They hired Mark Mishler and Michael Goldstein, so with that they are getting fully up to speed and we'll look into any potential legal options as the board moves forward," Lah said.
A police spokesman tells WAMC "APD is not aware of any disconnect between the department and the Civilian Police Review Board."
You can read the report here:
Status of Independent Investigations Into Alleged Police Misconduct in the City of Albany Report Dated Sept... via WAMC Northeast Public Radio on Scribd
This story originally reported incorrectly that Vives' nomination had been approved. It still needs final approval by the full Common Council.
