Rochester Police Accountability Board and City at odds over release of police misconduct reports

Rochester Police Accountability Board and City at odds over release of police misconduct reports

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ROCHESTER, N.Y. — The Rochester Police Accountability Board (PAB) has released its first set of investigative reports since its inception, detailing alleged officer misconduct in nearly two dozen cases. However, the release of these reports has sparked controversy between the PAB, the City of Rochester, and the Rochester Police Locust Club — the union representing Rochester police officers.

The PAB reports that it has closed its first 31 cases, finding that police officers were either discourteous, failed to act, or used unnecessary force in 22 of the incidents dating back to 2020. While the PAB does not have the legal authority to discipline officers, it suggested a punishment for the police chief to consider in each case where it found misconduct.

“The reason for publicizing the reports is not for there to be blow back against any individuals…civilian, police, or otherwise. And that’s why we redact the identities,” said Ben Wittwer, Deputy Executive Director and General Counsel for PAB. “The purpose of the reports is to show what kind of complaints are being received, what are people seeing and saying and in which instances can we confirm that it was or was not police misconduct.”

The Rochester Police Locust Club argues that the PAB’s investigations are incomplete and inflammatory.

“They’re doing an investigation that’s not complete. I’m an investigator by trade. If I went into a court of law, with an investigation where I didn’t get to talk to certain people, I didn’t have video, I didn’t have a pile of evidence, and I presented that to a judge, the judge would walk me out of the courtroom and yell at me for wasting his time,” said Paul Dondorfer, Vice President of the Rochester Police Locust Club.

Despite the redactions in the reports, the City of Rochester Corporation Counsel advised the PAB not to release the reports.  A spokeswoman for the City of Rochester says it remains the City’s legal position that the Police Accountability Board, per its charter, does not have the authority to publish internal investigative reports, and that publication of such reports, redacted or otherwise, violates local law.

“The public release of allegations of wrongdoing that may be or have already been determined to be inaccurate is dangerous. Any attributions of an employee’s name to a report – whether that attribution is correct or incorrect – can have lasting impacts on that employee’s personal and professional lives,” she says in a statement.

The PAB went ahead and released the reports anyway, with its lawyers believing it has have the right to release the reports.

“NYC released their civilian review reports, Albany releases their civilian review reports so, there are other entities in NYS that are doing this,” Wittwer said.

Rochester City Council Member Mary Lupien expressed her frustration about the situation at a press conference on Monday.

“It is extremely distressing to me, the focus of the administration’s outrage is not for the people of our community that have suffered, it’s not the contents of what the reports show, it’s not the work ahead that we need to focus on to make our community truly safe, it’s on protecting our asses,” Lupien said.

To review the reports released by PAB, click here.