City of Alexandria, Virginia
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MEMORANDUM
DATE: APRIL 16, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
THROUGH: JAMES F. PARAJON, CITY MANAGER /s/
FROM: AMERATU KAMARA, INTERIM DIRECTOR, INDEPENDENT POLICING AUDITOR
DOCKET TITLE:
TITLE
Public Hearing, Second Reading and Final Passage of Proposed Changes to the Ordinances for the Independent Policing Auditor as well as the Independent Community Policing Review Board. [ROLL-CALL VOTE]
BODY
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ISSUE: Consideration of proposed changes to the original Ordinances governing the Alexandria Independent Policing Auditor as well as the Independent Community Policing Review Board (ICPRB) as recommended by City Council’s Subcommittee.
RECOMMENDATION: That City Council:
1. Consider the proposed ordinances on first reading and adopt the ordinances with the Subcommittee’s recommended language; and
2. Schedule it for public hearing, second reading and final passage on Saturday, April 26, 2025.
BACKGROUND: The City of Alexandria's Office of the Independent Policing Auditor was first established in April 2021 as a mechanism with which to provide oversight and accountability of the Alexandria Police Department (APD). The City of Alexandria’s first Independent Policing Auditor commenced in December 2022. This office serves as a proactive leader in law enforcement accountability of APD to the population it serves and is independent of APD. The City Council also voted unanimously to adopt an ordinance establishing the structure of a new Independent Community Policing Review Board, to be effective as of July 1, 2021, along with its authorizing state law.
In the summer of 2024, the Auditor began working with an ad hoc committee and the Board to consider changes to the ordinances that Council could consider and which would allow the Board to adopt a readiness resolution. The Auditor presented a series of proposed changes to the Council in the fall of 2004. However, the Council deferred initial action on the ordinances and requested additional public engagement.
The Auditor completed the requested public engagement, and on January 25, 2025, again presented proposed ordinance changes to the City Council. However, the City Council voted to disapprove of the proposed changes and establish a Subcommittee for Civilian Oversight Ordinance Revisions to collaborate with City staff in reviewing the proposed changes and address outstanding issues. The changes proposed here are a result of the Subcommittee’s work and include other changes as initially agreed to in 2024 by the ad hoc committee and Board.
DISCUSSION: The Subcommittee for Civilian Oversight Ordinance Revisions consisted of Vice Mayor Sarah Bagley and Councilman Canek Aguirre. Staff from the City Attorney’s Office, Alexandria Independent Policing Auditor, City Manager’s Office and Police Department attended the meetings, which were publicly noticed and open to the public. The subcommittee convened three times between February 26 and March 16, 2025, to provide recommendations for revising the ordinances. These updates have been incorporated into the revised proposed ordinances now being presented for consideration as Attachment 2.
The primary existing issues in the enabling ordinances addressed by the Subcommittee were:
1. Clarifying the reporting authority for both the Board and the Auditor in the event of an impasse regarding an investigation.
2. Determining whether to allow the application subpoena power by the Auditor under 4-1-6(r) and, if so, the extent of such authority. See Attachments 4 and 5.
3. Correcting a Scrivener’s error under 2-4-227(c)(3): Board’s review of Auditor and APD investigations.
The Subcommittee ultimately agreed to recommend to the Council that: (1) the City Council has the final authority to resolve an impasse between the Board and the Auditor, (2) the Auditor should retain the power to issue a subpoena duces tecum, (3) it should correct a Scrivener’s error to ensure the Board retained its intended authority to review Auditor investigation and (4) it should clarify Board training requirements and length of term. While it is not in the ordinances, the Subcommittee also recommended that future Auditor’s reports include language that notes officers are entitled to a Garrity warning under the Fifth Amendment and note whether officers voluntarily appeared and answered questions. A sample auditor’s report is included as Attachment 6.
The Independent Community Policing Review Board reviewed the proposed changes suggested by the Subcommittee. After careful consideration, the Board decided to write a formal letter outlining their stance on the proposed changes. The letter is provided at Attachment 7.
FISCAL IMPACT: There are no immediate fiscal implications. The Independent Policing Auditor’s staff have reallocated existing FY25 budget funds to ensure resources are available for future outside counsel needs. Provided these funds are approved for carryover into subsequent budget cycles, no additional fiscal impact is anticipated
ATTACHMENTS:
Attachment 1: Ordinance Cover
Attachment 2: Proposed Ordinances for the Independent Community Policing Review Board and Alexandria Independent Policing Auditor
Attachment 3: Presentation
Attachment 4: Complaint Investigation & Subpoena Power Flowchart
Attachment 5: Subpoena Duces Tecum FAQs
Attachment 6: Sample Auditor’s Report
Attachment 7: Board Letter to City Council
STAFF:
Meghan Roberts, Deputy City Attorney
Yon Lambert, Deputy City Manager
Ashley Kollmorgen, Management Analyst