ROCHESTER, N.Y. — What is the future of The Rochester Police Accountability Board (PAB) after it was stripped of its power following a New York State Supreme Court decision?
The ruling, issued on Monday, determined that the PAB cannot lawfully conduct investigations into alleged misconduct by the Rochester Police Department.
Court documents says the ruling was based upon several considerations, holding that Local Law No. 2 which created the PAB, unlawfully interfered with the Civil Service Law, the City Charter and the collective bargaining agreement with the Locust Club, Rochester’s police union.
“We are not out of this. We are committed to accountability and transparency,” said Dr. Lesli Myers-Small, executive director for the PAB.
Despite the setback, Myers-Small said the board remains focused on its mission.
“Even though I have staff that are frustrated, they are a little anxious and stressed, they are resilient and are working together to figure out how do we make this work given our current set of circumstances,” she said.
In 2019, 75% of Rochester residents voted to establish the board, which was originally created to review civilian complaints and strengthen police-community relations.
It was given the authority to investigate complaints of police misconduct, obtain testimony, issue recommendations for officer discipline, and release case reports. However, this ruling has removed that power.
“I want our community to know that we are moving to quickly pivot to still do what we can do to serve them in the lens of accountability and transparency,” Myers-Small said.
Board members gathered to address the court’s decision and discuss the future of the PAB. Myers-Small indicated that while the board can no longer investigate individual complaints, it can still examine systemic practices and educate the community.
“We still can look at systemic practices, so things that have happened over time that might indicate patterns or practices,” Myers-Small said. “We still can make sure that we are getting out into the community and educating and informing … young people are aware of what their rights are.”
Locust Club Vice President Paul Dondorfer stated, “We have known for many years that the PAB’s activities were outside of its statutory authority. The decision reflects that reality.”
Rochester City Councilmember Mary Lupien also weighed in on the decision and in a statement said, “The court has sided with the Locust Club to block the Police Accountability Board from doing exactly what our community demanded when it voted to create it: holding police accountable. We must appeal this decision.”
The PAB holds monthly meetings the first Thursday of every month.
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