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BOSTON - Thursday,
July 29, 2021 - Mayor Kim Janey today released findings and recommendations
following her charge to Attorney Stephanie Everett and the Office of Police
Accountability and Transparency to deliver a plan for review and reform of
the police department internal affairs procedures, based on Director
Everett’s investigation into the Patrick Rose case. The report reviews what
internal affairs policies and procedures were in place during the time of
the Rose case. The report further identifies which of those policies and
procedures have appropriately been changed since 1995 and recommends
additional reforms where needed.
“In 2021, there is a
new opportunity to ensure this never happens again. We must implement the
2020 Task Force recommendations and establish OPAT and its public boards
with urgency, said Mayor Janey. “I am grateful to Stephanie Everett for her
work leading and building OPAT. I thank the Boston Police Department for
its cooperation and efforts to advance its policies to meet the demands for
equity and justice in our city.”
The following are
Director Everett’s findings and recommendations from her review of the Rose
case:
Finding #1: Ensuring Thorough, Independent Internal Investigations
In 1995, there did
not appear to be clear policies and procedures in place to ensure a
thorough and independent response by the Boston Police Department’s
Internal Affairs Division upon notice of a complaint.
Recommendation #1: Start Investigations Within 48 Hours of Notification
It is recommended
that the Boston Police Department’s Bureau of Professional Standards shall,
upon receiving information from the Court, an officer’s supervising
officer, or other credible source, that an officer has been charged with
violating Massachusetts General Law c. 265, Section 13a-29, as may be
amended, prioritize this matter and seek to interview witnesses within 48
hours, where appropriate for the witnesses.
Finding #2: Ensuring Appropriate Action from a Sustained Finding
The Boston Police
Department did not take sufficient steps to discipline or terminate based
on the Internal Affairs Division’s sustained finding of misconduct.
Recommendation #2: Make Discipline from Internal Affairs Investigations
Visible, Predictable and Just
It is recommended
that this same discipline matrix should also be used for recommendations
resulting from IAD investigation. In addition to guidance that will be
provided by that matrix, the Boston Police Department is also developing
and will promulgate this year new policies involving members of the force
accused of sexual assault and domestic violence.
Finding #3: Ensuring Oversight of the Internal Affairs Investigations
The third finding is
that there was no independent oversight of the Internal Affairs Division’s
investigations.
Recommendation #3: Mayor to File Amendment to OPAT Ordinance to
Alert OPAT of Criminal Charges Brought Against Officers
When the IAD
receives information from the Court, an officer’s supervising officer, or
other credible source, that an officer has been charged with violating
Massachusetts General Law c. 265, Section 13a-29, as may be amended,
notification will be sent to the POST Commission and to the Office of
Police Accountability & Transparency for the offense and the initiation
of an investigation.
The full Rose Case
Policy & Procedure Review can be accessed here.
This builds on the
work of the Office of Police Accountability and Transparency.
Since her
appointment in early May, Director Everett has been steadfast in advancing
several key police reforms, even as she works to staff the new OPAT
organization. Already, OPAT has solicited nominees to the new Civilian
Review Board. On May 21, Mayor Janey submitted a letter to the City Council
requesting nominations for the Civilian Review Board by June 7. The City
Council finally began its process to nominate Civilian Review Board members
last week and set an extended deadline of August 30. Nominations from
several community-based organizations are expected by July 31. Second, the
new Internal Affairs Oversight Panel had its first public hearing in June.
Third, OPAT has been working to coordinate compliance with new state police
reforms.
In addition, the
City of Boston and Boston Police Department have begun for police reform
measures, including the creation of a Diversity, Equity & Inclusion
policy and launch of a DEI Committee within the BPD in April; a revision of
the use of force and bias-free policing policies in May; launch of a public
dashboard that covers police conduct in June; de-escalation work for BPD
officers; and an increase from two to eight hours of the Fair and Impartial
Policing Curriculum for new recruits.
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