City of Alexandria, Virginia
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MEMORANDUM
DATE: NOVEMBER 6, 2024
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
THROUGH: JAMES F. PARAJON, CITY MANAGER /s/
FROM: KIM NEAL, DIRECTOR, INDEPENDENT POLICING AUDITOR
DOCKET TITLE:
TITLE
Introduction and First Reading. Consideration. Passage on First Reading of proposed changes to the Ordinances for the Independent Policing Auditor as well as the Independent Community Policing Review Board.
BODY
ISSUE: Consideration of proposed changes to the enabling ordinances governing the Alexandria Independent Policing Auditor as well as the Independent Community Policing Review Board.
RECOMMENDATION: That City Council:
1. Consider the proposed ordinances on first reading and adopt the ordinances with the AIPA and staff’s recommended amended language; and
2. Schedule it for public hearing, second reading and final passage on Saturday, November 16, 2024.
BACKGROUND: The City of Alexandria's Office of the Independent Policing Auditor (AIPA) was established by ordinance 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 an independent proactive leader in law enforcement accountability of APD to the population it serves. The City Council also voted unanimously to adopt an ordinance establishing an Independent Community Policing Review Board, effective July 1, 2021.
DISCUSSION: In June 2024, the Auditor provided an update to City Council on the early implementation of policing oversight in Alexandria and recommended modifications to the enabling ordinances with the intent of clarifying the Board and Auditor’s roles and responsibilities, updating certain procedures and training/operational requirements.
To ensure a collaborative approach with the goal of building consensus from key stakeholders, the Auditor convened an ad hoc working group with representatives from the Board, Alexandria Police Department and city staff. The process also included community engagement and outreach. The ad hoc group met monthly beginning in July and more frequently into September as it refined proposed ordinance changes.
Ultimately, the ad hoc work group built strong consensus around the proposed changes which are identified in Attachment 2. The primary themes in the proposed changes to the ordinances are:
• The Board would retain authority to review investigations conducted by APD.
• The Auditor’s primary role would be monitoring. However, the Auditor still has investigative authority should a complaint be received, referred to, or warrant an investigation by the Auditor.
• The Board would establish a formal inquiry intake process for community concerns about policing, and the Board can request investigations pursuant to identified patterns and practices of potential discrimination, bias and unequal treatment.
• Amendments to Board training, quorum, and meeting requirements and duties.
• New provisions outline the process of removal of board members for failure to comply with confidentiality, ethics, and professional conduct agreements.
Proposed changes to the Auditor’s ordinance reflect clarity around monitoring and direct the Auditor to engage with APD, predominantly marginalized and minority communities, and provide periodic reports to City Council, City Manager, the Board and APD. The Auditor held community listening sessions, and the Board also accepted comments at its public meetings.
The sole area where stakeholders did not find consensus relates to the Auditor’s power to subpoena (Sec. 4-1-6(s)). Attachment 3 includes a table that reflects the Board’s proposed language along with a City Staff proposed alternative, which the Auditor and Manager recommend the Council adopt rather than the Board-proposed alternative.
FISCAL IMPACT: None, if Council adopts staff’s recommended amendment. Should Council maintain subpoena power for the Auditor, there may be future fiscal impacts related to the possible conflict with the Office of the City Attorney which would necessitate the Auditor having to hire outside counsel.
ATTACHMENTS:
Attachment 1: Ordinance Cover
Attachment 2: Proposed Ordinance for the Independent Community Policing Review Board and the Alexandria Independent Policing Auditor
Attachment 3: City Position/Board Position Summary
Attachment 4: Presentation
STAFF:
Ameratu Kamara, Investigation & Policy Analyst
Ashley Kollmorgen, Management Analyst