ATTORNEY GENERAL CUOMO REACHES AGREEMENT WITH THE CITY OF NIAGARA FALLS TO REFORM ITS POLICE PRACTICES
Agreement Resolves Investigation of Complaints that City Officers Had Engaged in Excessive Use of Force Primarily Against African-American Residents, which the City Failed to Prevent or Stop
Niagara Falls Police Department to Revise Police Practices, Implement Policy Changes to Prevent Excessive Force and Improve Community Relations
Attorney General Andrew M. Cuomo announced yesterday that his Office has entered into an agreement with the City of Niagara Falls and the Niagara Falls Police Department to create new policies to govern police practices in the City in response to claims of excessive force and police misconduct.
The agreement specifically requires the City to create policies and procedures to prevent and respond to allegations of excessive force, to ensure that police officers are appropriately trained, and to ensure that complaints are properly investigated. The agreement also requires that prior claims filed by residents be evaluated by an independent panel.
"Police departments must create and maintain fair and consistent policies that treat residents equally and complies with the law," said Attorney General Cuomo. "There must be clear guidelines, proper training, and policies and procedures to effectively manage employee conduct, which this agreement seeks to achieve for all citizens of the City of Niagara Falls."
The agreement arises out of the Attorney General's investigation into the police policies and procedures of the City after receiving complaints primarily from African-American residents that officers repeatedly engaged in excessive force. Niagara Falls Mayor Paul Dyster expressed his willingness to cooperate with the Attorney General's investigation to reform the policies and procedures and ensure appropriate use of force in all instances, as well as respectful and effective policing.
The Attorney General's Office conducted an extensive investigation, including a review of policies, practices and procedures regarding the use of force, training, reporting and accountability; internal investigatory files of departmental and citizen complaints; personnel evaluations of officers; dozens of interviews with City residents who had complained of excessive force; and meetings with advocacy groups and residents regarding complaints. The Attorney General concluded that the police department failed to adequately train, supervise, and investigate officer conduct, and failed to adequately maintain or implement policies, procedures and practices to prevent and remedy excessive force and race discrimination.
The court-supervised agreement requires the City to reform its policies to ensure compliance with state and federal laws regarding excessive force and discrimination in the conduct of policing. Specifically, the City must:
- Revise its use of force policy to incorporate guidelines regarding all instruments and weapons an officer may be authorized to carry and appropriate use of each;
- Ensure that all reports regarding the use of force are completed in a timely manner and appropriately reviewed and investigated by supervisors to ensure compliance with use of force policy;
- Collect and maintain data regarding the use of force for use in detecting patterns of improper conduct;
- Train supervisors and officers on the new use of force policies, procedures for reporting and recording uses of force, cultural diversity and appropriate conduct during citizen encounters;
- Amend its protocol for internal investigation of complaints of officer misconduct to ensure thorough investigations that include clear timelines and guidelines for investigatory steps and notification of complainants regarding investigation results;
- Hold periodic public meetings which shall include information about the police department and its operations, information about filing a complaint, and an opportunity for citizens to raise concerns about police conduct; and
- Participate in arbitration by an independent panel of prior citizen complaints of excessive force that were submitted to the City or the Attorney General within the past three years.
Renae Kimble, Niagara County Legislator, applauded the agreement, stating, "There have been widespread concerns in the past regarding the treatment of City residents by police officers which has harmed relations between the community and the police in Niagara Falls. I am pleased that this agreement includes real reform to the police policies and procedures, as well as an opportunity for those harmed by past practices to be heard."
Bill Bradberry, President of the Niagara Falls Branch of the NAACP, stated "All city residents should be able to trust police officers to be fair and effective. The Attorney General's investigation and this agreement put in place clear, objective policies to prevent unjustified uses of force and to redress it immediately where it occurs. I commend the work of Attorney General Andrew Cuomo on this very important civil rights issue."
Superintendent John Cella of the Niagara Falls Police Department stated: "I am pleased that the City of Niagara Falls and Attorney General Cuomo have worked together to enhance the services we provide to the residents of this City. In my time as Superintendent, we have taken great strides to build relationships with all members of the community while working effectively to keep the City safe. As we continue to look for ways to improve, I am confident this agreement will help make the Niagara Falls Police Department one of the finest law enforcement agencies in the State."
This agreement is the second settlement agreement the Attorney General has executed with the City of Niagara Falls. In November 2009, the Attorney General reached an agreement with the City requiring the City to create new policies for all City agencies to prevent and address allegations of racial discrimination and harassment and to further equal employment opportunities for all residents through a number of efforts, including the hiring of an Equal Employment Officer.
This case is being handled by Alphonso B. David, Special Deputy Attorney General for Civil Rights, Spencer Freedman, Chief Counsel for Civil Rights, and Kayla Gassmann, Assistant Attorney General, of the Civil Rights Bureau.
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