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Q&A

The importance of CCRB independence and direct data access

2:02:02

·

128 sec

Chair Richard R. Buery Jr. questions why the current CCRB board makeup is problematic if the board is already making robust recommendations, suggesting the issue might solely be the commissioner's override power.

DeRay Mckesson clarifies the problem is the lack of independence due to mayoral majority control, which makes the board's effectiveness subject to political shifts.

He also highlights the interim chair appointment process as a way mayors can bypass checks and the need for direct data access due to past experiences with ignored subpoenas.

Richard R. Buery Jr.

2:02:02

A few other follow-up questions.

2:02:04

One, up on, commissioner Nieves' question.

2:02:08

If given that the CCRB, I do think, is a result is robust, is making recommendations.

2:02:14

Can you say a little bit more about what is the problem with the current makeup?

2:02:18

If it's making recommendation, then the problem is is commission override power?

DeRay Mckesson

2:02:23

You said the fundamental power that problem that we see with the makeup now is that the board doesn't operate independently if they can if the majority of the members can change when the mayor changes.

2:02:32

So that is generally our take on this is that, the board should be one that is not subject to the whims of who the mayor is or who the police chief is.

2:02:41

The police get three appointees.

2:02:43

We're fine with that.

2:02:43

That makes sense to us.

2:02:44

But trying to make sure that the mayor's office doesn't have an outsized role in the CCRB running, I think, makes sense.

2:02:51

And the way the interim the interim appointment of the chair works is that the mayor can just appoint an interim that sort of lasts forever, bypassing the other processes to make sure that there is a real appointment process.

2:03:04

So what we would do and we propose in the in the the backup that we've given to some of you, but that we will send, is that if the mayor does not appoint a real chair after the time limit, then the appointment power goes to another political leader so that we can make sure that there's actually a chair of the CCRB and that no one political leader can hamstring the CCRB from functioning, which is what happens now.

2:03:26

So when we look at the data, you look at 2018, commissioner O'Neill sided 83% with the CCRB.

2:03:35

And then today, it's sort of the exact opposite.

2:03:37

It's like, you know, the commissioner is only agreeing to about 30% of them, not actually giving over the materials.

2:03:43

And we've learned a lot in the past decade.

2:03:45

You know, I think ten years ago, people were asking for subpoena power.

2:03:48

They were like, let the oversight agency subpoena.

2:03:51

Nobody anticipated that subpoenas would be denied.

2:03:54

And then all of a sudden, they just didn't get anything.

2:03:57

Right?

2:03:57

So the question what we've learned is, like, there should actually be direct access so that you don't have to go through the legal process or have the agency fight, get the subpoena denied, create precedent, and then you're sort of hamstrung in the accountability process.

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Proposed changes to CCRB board composition and appointments

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Addressing privacy concerns regarding direct CCRB data access