BENNINGTON — A consultant on the topic of police department oversight made a presentation before about 30 residents and local officials here Thursday, and prompted questions and an extended discussion among the audience.
The talk also marked the launch of an application process for the formation of a volunteer task force that will flesh out details of an oversight entity for the Bennington Police Department.
Brian Corr, past president of the National Association for Civilian Oversight of Law Enforcement (NACOLE), and executive director of the Police Review and Advisory Board in Cambridge, Mass., described an expansive range of options, and provided historical and a great deal of other data about policing oversight by a civilian board.
“Your community is doing something proactive,” Corr said, and is properly focusing on community involvement in the process.
Corr also stressed several times what his national organization sees as the importance of creating an oversight model that fits the actual needs and expectations of the community.
WIDESPREAD TREND
“None of these are alike,” he said, referring to the nearly 200 oversight boards or commissions in the U.S., which is up from 100 in 2000, and from 13 in 1980.
He said that reflects a surge of interest in many communities to ensure there is citizen input, review and oversight for police departments.
There are broad categories of oversight models, Corr said, including review-focused models, those focused on investigation of complaints against the police, and auditor/monitor model approaches.
But a hybrid model of oversight “is increasingly common,” Corr said, or one in which the community chooses from among different examples or models to tailor the entity to local conditions.
In general, he said, keys include that the format chosen be able to meet the expectations and goals of the community, have support from the local government and work well within state’s legal framework.
Oversight boards ideally should build bridges in the community and among the stakeholders, Corr said, and provide a format for accountability for police actions; focus on risk management strategies to avoid policing problems and on effective police policies; work to increase public trust in the police department; ensure transparency in the complaint process, and provide protection for those filing complaints and for officers who might be the subject of false complaints.
TRAINING STRESSED
Training for members of the civilian oversight board also is stressed by NACOLE, Corr said, along with a familiarity with police policies and procedures and with criminal law and its procedures.
Impartiality is also important in a board member, he said, and a willingness to consider all sides in a dispute before making decisions, and to abide by confidentiality requirements regarding matters pending before the oversight board or entity.
And the board should include a variety of people with differing backgrounds to ensure wide community representation, he said.
NACOLE REPORT
NACOLE also has released a federal grant-funded study report on different oversight models in use in U.S. cities.
“Civilian Oversight of Law Enforcement: Report on the State of the Field and Effective Oversight Practices” includes nine case studies of individual community oversight models, including in the city of Cambridge, and an extensive civilian oversight agency data base.
The 176-page report includes lists of effective practices for oversight entities to consider and common principles of successful oversight boards, such as transparent reporting regarding complaints, having adequate funding and resources to accomplish goals, and having access to police executives and internal affairs staff.
LOCAL REVIEW
Bennington began a citizen-led review last year of BPD policies and procedures by volunteer task force groups, and the Select Board now is preparing to form another task force to create what is envisioned as a permanent policing oversight board. Advocates for change in Bennington have termed citizen oversight a crucial piece of the ongoing reform efforts.
Select Board Chairwoman Jeannie Jenkins said the application process for volunteers to form what is called the Community Safety and Equity Taskforce to review oversight options is now open. After its work, the task force will propose to the Select Board an oversight entity for Bennington.
The task force application process is posted on the town website, which also has a separate page with extensive information and references about the town review process; general information about policing oversight, best practices, model policy options, and detail about the BPD policies that have been revised to date.
Produced by CAT-TV
The presentation by Corr at the Bennington Fire Facility meeting room also was recorded by CAT-TV and will be made available to view at https://youtu.be/mWggqIaPxKI.
RESIDENT COMMENTS
Among residents who asked questions Thursday, Clark Adams pressed Corr and the Select Board members to specify exactly how officers would be held accountable if complaints are shown to have validity.
Jenkins said that is a question to be decided as the pending task force develops a format for police oversight in Bennington over the next six months.
“That is one of the things they will have to grapple with,” she said.
Corr said the mechanism of ensuring accountability will have to be determined through the ongoing process.
Jonathan Phipps, the equity coordinator for the Southwest Vermont Supervisory Union, asked how the oversight process will address the reality of bias and racism in society.
Corr said that is something the oversight board has to be constantly aware of while continuing to address all forms of bias. He said that problem is one of the reasons NACOLE recommends regular training for oversight boards and others and periodic updates.
“It is not a one and done,” he said, referring to training sessions.
Kristi Tripp Pepoon asked if NACOLE has taken a position on whether police officers should serve on an oversight board.
Corr said it hasn’t, adding that a community could have several options if it chooses to have a police viewpoint or level of practical experience on a board — such as including a non-voting member and/or a retired officer.
“There is no one way,” he said.
A.J. DeLeigh said he believes the police oversight process won’t be successful until all parties — including members of minority groups or others who’ve become distrustful of police figures — begin having "honest conversations" and acknowledge that everyone has biases and faults.
Regarding policing, race and related issues, "We have to evolve together," he said.
It should also be acknowledged, he said, that the nation has made progress on civil rights since the era of Martin Luther King Jr., adding, "I know there are solutions we can arrive at.”
REVIEW PROCESS
The BPD policy reviews and the upcoming policing oversight study follow a series of recommendations for the department and town from a consulting team from the International Association of Chiefs of Police. That organization was hired in 2019 to review the department and released its report in April 2020.
A review was first proposed by state Attorney General T.J. Donovan, leaders of rights groups and the ACLU of Vermont after the BPD was criticized for its handling of investigations into multiple complaints of racially motivated harassment from former state Rep. Kiah Morris, then member of the Vermont House from the Bennington 2-2 district.
Morris, who is African American, left the seat amid a re-election campaign in 2018, and she and her family have since moved to the Burlington area.
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