Policy Recommendations

Pursuant to 42-343(C) of the Albany City Code, the Albany Community Police Review Board shall periodically review and assess Albany Police Department (APD) policies, procedures, patterns, practices, and training and may recommend changes to the APD.

The recommendations below have been approved by the Board and sent to APD’s Chief of Police. Within 60 days of receiving the recommendations, the Chief of Police must explain whether they agree or disagree with each recommendation.

Policy Subject	Policy Recommendation	Date APD Notified	APD Response	Status
Complaint Procedures, General Order No. 2.4.05	APD General Order: Office of Professional Standards – Complaint Procedures, General Order No. 2.4.05: 1. APD should utilize the IAPro database to better monitor its cases for statute-of limitation compliance.   2. OPS should conduct its investigations in a timely manner.   3. OPS should conduct its investigations in a thorough manner.   4. Proposed language for General Order 2.4.05(II)(B)(3) “Investigation of complaints shall generally be completed within sixty (60) days of the complaint investigation being assigned to an OPS detective. The detective may request extensions of the time period from the Chief of Police when extenuating circumstances exist.   1. OPS shall be responsible for notifying all complainants as to the status of their complaints and the expected completion date. 2. Should an administrative investigation take longer than expected, OPS will notify the complainant and the subject employee of the delay and reason. 3. Investigations should be both timely and thorough to ensure the preservation of evidence and witness information and compliance with relevant statutes of limitation. Investigations shall include documented attempts to contact and interview all complainants.“	3/15/2024	5/15/2024   APD Response: “The APD Office of Professional Standards has and will continue to work towards increasing operational efficiency. The APD Office of Professional Standards is committed to continuously exploring contemporary options to augment their collection of investigative means.”	APD will not be implemented at this time.
Use of Force – Less Lethal Weapons, General Order No. 1.3.00	The Training Unit shall re-train officers with regard to their authority to use “less lethal weapons,” including OC Spray, and documentation of completion shall be included and maintained in the officer’s personnel file within the Office of Professional Standards.	3/15/2024	5/15/2024   APD Response: “The Albany Police Department Office of Professional Standards determined that officers’ use of Oleoresin Capsicum (OC) spray was within departmental policy.”	APD will not be implemented at this time.
Use of Force – Less Lethal Weapons, General Order No. 1.3.00	APD General Order: Use of Force – Less Lethal Weapons, General Order No. 1.3.00: 1. Police officers should actively seek to avoid using force whenever possible and appropriate by employing techniques such as de-escalation if the safety of the situation allows it, and APD should reinforce this principle through written policies, training, supervision, and reporting and review of use-of-force incidents. 2. Proposed language for General Order No. 1.3.00(I)(B)(1):   “B. When safe and reasonable, officers shall attempt to use de-escalation tactics. 1. De-escalation tactics and techniques are actions used by officers, when safe and without compromising the mission of the Albany Police Department, which seek to achieve conflict resolution during an incident, and increase the likelihood of voluntary compliance. Officers shall, when feasible, employ de-escalation techniques to decrease the likelihood of the need to use of force during an incident and to increase the likelihood of voluntary compliance. Officers shall, when feasible, attempt to understand and consider the possible reasons that a subject may be non-complaint or resisting arrest. De-escalation may enable officers to calm the subject and allow officers to use de-escalation technique while maintaining public and officer safety. 1. Police officers should actively seek to avoid using force whenever possible and appropriate by employing techniques such as de-escalation if the safety of the situation allows it, and APD should reinforce this principle through written policies, training, supervision, and reporting and review of use-of-force incidents.” 2. Proposed language for General Order No. 1.3.00(I)(B)(1):   “B. When safe and reasonable, officers shall attempt to use de-escalation tactics. De-escalation tactics and techniques are actions used by officers, when safe and without compromising the mission of the Albany Police Department, which seek to achieve conflict resolution during an incident, and increase the likelihood of voluntary compliance. Officers shall, when feasible, employ de-escalation techniques to decrease the likelihood of the need to use of force during an incident and to increase the likelihood of voluntary compliance. Officers shall, when feasible, attempt to understand and consider why a subject may be non-complaint or resisting arrest. De-escalation may enable officers to calm the subject and allow officers to use de-escalation technique while maintaining public and officer safety.“	3/15/2024	5/15/2024 APD Response: “The proposed policy change provided by the CPRB will not be implemented at this time as our existing policy currently directs officers to utilize de-escalation tactics when safe and reasonable. In addition to GO provided attached by the CPRB, GO and GO highlight the comprehensive approach officers shall adopt when exploring de-escalation options.”	APD will not be implemented at this time.
Property and Evidence Control, General Order No. 2.1.00	When a property is found or voluntarily surrendered, it must be secured and handled in accordance with General Order 2.1.00, which provides that the property should be returned expeditiously, if possible. Further, if the owner cannot immediately retrieve the property, the property must be submitted to the Evidence Room, and the owner should be advised to contact the Evidence Detective.	3/15/2024
Emergency Operations Plan Critical Incidents, General Order No. 3.9.00	1. APD policy should specify a deadline by which the Incident Commander shall complete an After-Action Report.     2. Proposed language for General Order No. 3.9.00(I)(3): “Post Occurrence Procedures: 1. The on duty supervisors, with the concurrence of the incident Commander at the Command Post, may relieve personnel from the incident location when those personnel are no longer needed for site security. 2. The Incident Commander will conduct a de-briefing of the incident. 3. The Incident Commander shall will complete a detailed After Action Report of the Incident, which will include a summary of the department’s actions and recommendations for the handling of future incidents within sixty (60) days.“	3/15/2024	5/15/2024   APD Response: “The APD agrees that generating an After Action Report is an invaluable step in effectively and thoroughly responding to a critical incident. The Chief of Police agrees that such summary should be completed by the Incident Commander or their delegate within the proposed (60) days with an extension granted only when applicable.”	APD will not be implemented at this time.
Emergency Operations Plan Critical Incidents, General Order No. 3.9.00	The Training Unit shall schedule regular training for Supervisors regarding dealing with critical incidents (including civil unrest), and documentation of completion shall be included and maintained in the officer’s personnel file within the Office of Professional Standards.	3/15/2024	5/15/2024   APD Response: “The Training Unit hosts annual In-Service training for all supervisors in addition to the DCJS mandated requirements for supervisors. Attendance of this training is memorialized in the employee’s training file.”	APD will not be implemented at this time.
Uniforms & Grooming Standards, General Order No. 3.2.00	Officers should strictly follow Uniforms & Grooming Standards, General Order No. 3.2.00 and Conduct Standards, General Order 2.2.00 (I)(A)(22). The Training Unit shall train officers on name tags and badge placement on officers’ uniforms and provision of officers’ name and badge information upon request, and documentation of completion shall be included and maintained in the officer’s personnel file within the Office of Professional Standards.	3/15/2024	5/15/2024   APD Response: “Approved placement of name tags and badges are specified in GO   and (2). Additionally, GO 3.2.00(111) provides the applicable visual references depicting the proper placement of name tags and badges.”	APD will not be implemented at this time.
Conduct Standards, General Order No. 2.2.00	The Training Unit shall train officers regarding the potential impact of imagery within a policing context, and a documentation copy of the certification of completion shall be included and maintained in the officer’s personnel file within the Office of Professional Standards.	3/15/2024	5/15/2024   APD Response: “The Albany Police Department and the City of Albany routinely train officers and employees alike regarding the potential impact of imagery within and outside of a policing context, including but not limited to implicit bias training. The APD embraces these teachings and will continue to administer them. All training conducted is memorialized within an officer’s training file.”	APD believes this is their and the City of Albany’s current practice; therefore, the recommendation will not be implemented at this time.
Public Information, General Order No. 2.5.00	General Order No. 2.5.00(3)(C) mandates that APD personnel ensure that any information that is released to the news media is accurate.   The Chief of Police or personnel of APD should not make unsubstantiated statements against its citizens.	3/15/2024	5/15/2024   APD Response: “The Albany Police Department greatly values the relationship they share with their community, stakeholders, and the media. The APD will continue to provide all partners with the most up to date and accurate information as it is available.”	APD believes this is their current practice; therefore, the recommendation will not be implemented at this time.
Body Worn Cameras, General Order No. 3.2.15	1. APD policy should specify the mounting position for name tags, badges, and body worn cameras and provide training on such requirements.   2. Proposed Language for General Order No. 3.2.15 (I)(G): “F.  Employees assigned a BWC are responsible for ensuring the BWC remains mounted in a position to allow the recording of an encounter or incident and is in good working order. 1. Personnel who require the use of a pacemaker shall notify the department for the purpose of obtaining a nonmagnetic mount as to not interfere with its operation.   G. Prior to going into service, each uniformed employee equipped with a department-issued BWC will be responsible for making sure the BWC is in good working order The BWC shall be conspicuously placed on the employee’s person and worn in such a way as to provide an unobstructed camera view of employee/citizen contacts. The camera shall be considered mounted correctly if it is mounted using an Axon-approved mounted accessory.“	3/15/2024	5/15/2024   APD Response: “Approved placement of name tags and badges ate specified in GO 3.2.00(I)(G), GO   and (2). Additionally, GO 3.2.00(111) provides the applicable visual references depicting the proper placement of name tags and badges. Proper mounting of BWC is sufficiently outlined in GO 3.2.15(I)(F). This policy change recommendation will not be adopted at this time as the recommendation eliminates crucial elements of GO 3.2.15(I)(G) namely, “Prior to beginning their shift, personnel assigned a BWC will ensure its readiness by conducting a pre-shift operational inspection. Personnel shall also inspect BWC’s at the conclusion of each shift to ensure system integrity.”	APD will not be implemented at this time.
Body Worn Cameras, General Order No. 3.2.15	The Training Unit shall train officers in how and where body-worn cameras should be worn on uniform, and a copy of the certification of completion shall be included in the officer’s personnel file within the Office of Professional Standards.   Members of the Department that are assigned a body-worn camera shall receive mobile video training prior to deployment of the device in an operational setting. At this training, each employee will be provided a standard checklist of steps they are required to complete in order to ensure their body-worn camera and mounting systems are in good working order.	3/15/2024	5/15/2024   APD Response: “The APD Training Unit currently provides officers with the applicable BWC training and a memorialization of such training is documented within training records.”	APD will not be implemented at this time.
Body Worn Cameras, General Order No. 3.2.15	APD General Order: Body Work Cameras, General Order No. 3.2.15(III)(J)(4):   1. APD officers should activate their Body Worn Cameras (BWCs) in the station house and at the front desk when interacting with community members in relation to a complaint.   2. Logbooks should be installed in all APD Station Lobbies, allowing community members the option to sign in/sign out while conducting APD business, thereby documenting their presence if they choose to do so and aiding in visitor tracking.   3. Equip all APD Station Lobbies and public areas with a 24-hour video monitoring system.	4/12/2024	6/11/2024   APD Response: “I. (Al)-General Order 3.2.15 specifically addresses the use of BWC in the station house and the front desk. When the desk officer is interacting with community members in regards to a complaint, requited BWC activation is outlined in G.O. 3.2.15 Ill. G (1)-“BWCs shall be utilized in the following situations: All calls for service, unless outlined below in Section Ill-I.” Further, G.O. 3.2.15 specifically addresses usage of BWCs while working the desk ‘ inside the station house in Section Ill D (1)-“While inside department buildings, personnel shall turn off their BWC unless enforcement action is necessary. This does not pertain to those personnel assigned to the desk position for their tour off duty. B WC use is authorized for public interactions.” I. (A2)-The APD agrees that logbooks should be installed in the Station lobbies to allow visitors the option to sign themselves in and will implement these in the forthcoming future. I. (A3)-24-hour video monitoring installation project is currently in tog-less and will continue as planned during the renovation process at SSTA, CSTA, and HQ..”	Policy 1: APD believes this is their current practice; therefore, the recommendation will not be implemented at this time. Policy 2: APD has Approved the policy recommendation. Policy 3: APD believes this is their current practice; therefore, the recommendation will not be implemented at this time.
Body Worn Cameras, General Order No. 3.2.15	APD and OPS should grant the Board unfettered access to the materials necessary to complete their investigations, including case files and any case-specific information.	4/12/2024	6/11/2024   APD Response: “ln compliance with Local Law J, the APD does grant the CPRB unfettered access to the materials necessary to complete their investigations including the entire OPS case file and case-specific information. Further, upon the Board’s request, the APD has already elected to grant the CPRB complete access to the entire digital OPS case file in addition to the complete physical case file, in lieu of a Board member to appear in person at the OPS office to conduct case review duties as is required under Albany City Code 42-341 (C).”	APD believes this is their current practice; therefore, the recommendation will not be implemented at this time.
Body Worn Cameras, General Order No. 3.2.15	APD should implement discipline for BWC violations and note them as allegations in the Case Summary of the OPS investigation.	4/12/2024	6/11/2024   APD Response: “APD utilizes a progressive discipline model and implements discipline for BWC policy violations as appropriate while evaluating the entirety of each circumstance on a case by case basis.”	APD believes this is their current practice; therefore, the recommendation will not be implemented at this time.
Complaint Procedure, General Order No. 2.4.05	OPS should adhere to the sixty (60) day completion deadline found in G.O. 2.4.05.	4/12/2024	6/11/2024   APD Response: “Investigative capabilities have greatly expanded since the implementation of the (60) day completion deadline which has become severely outdated. In order to perform a complete and thorough investigation which aligns with current standards and best practices, it is reasonable to expect that the increased work load would require an increased completion deadline. The department is currently exploring opportunities to update the policy to address this circumstance.”	APD will not be implemented at this time.
Complaint Procedure, General Order No. 2.4.05	Proposed Language for General Order No. 2.4.05(II)(B)(2):   “B. Investigation of complaints shall generally be completed within sixty (60) days of the complaint investigation being assigned to an OPS detective. The detective may request extensions of the time period from the Chief of Police when extenuating circumstances exist.   1. OPS shall be responsible for notifying all complainants as to the status of their complaints and the expected completion date. 2. Should an administrative investigation take longer than expected, OPS will notify the complainant and the subject employee of the delay and reason. If an investigation is expected to take longer than sixty (60) days. OPS shall notify the complainant and the Community Police Review Board as to the status of a complaint and the expected completed date no more than thirty (30) days thereafter.“	4/12/2024	6/11/2024   APD Response: “OPS detectives are currently in the practice of periodically communicating with complainants regarding the status of their investigations. However, with the initiation of the policy update referred to in above Section IIAI, a more definitive guideline for complainant communications is being assessed for its practicality and inclusion into the aforementioned General Order.”	APD will not be implemented at this time.
Complaint Procedure, General Order No. 2.4.05	APD should revise the Complaint Withdrawal Form language and include the Form as an attachment to General Order 2.4.05:   1. The assigned OPS Detective and any other APD or OPS personnel shall not ask or suggest that the complainant withdraw their complaint. Proposed Language for General Order No. 2.4.05 (II)(D):   “D. If a complaint expresses interest in withdrawing their complaint, OPS personnel shall inform the complainant that by withdrawing their complaint, the Community Police Review Board may not review it.   1. The assigned OPS detective and any other APD or OPS personnel shall not ask or suggest that the complaint withdraw their complaint.“   2. APD Complaint Withdrawal Form Language:   Current language: I ________________state, at this time, that I no longer wish to pursue my complaint against the member(s) of the Albany Police Department.   to    Proposed Revised Language: I  ________________ am voluntarily withdrawing my complaint dated __________. The withdrawal covers all aspects of the complaint made against any member(s) of the Albany Police Department. I am voluntarily withdrawing my request for an investigation and any consent that I may have granted for the release of information. I understand that any further review of the allegations contained in my complaint will be done at the discretion of the Albany Police Department. Please take note that by withdrawing your complaint, your case will be considered “closed” and may not be reviewed by the Albany Community Police Review Board (CPRB). Should you decide to re-open your complaint, you may make a request to do so to the CPRB.	4/12/2024	6/11/2024   APD Response: “The CPRB is an independent investigative oversight body which is separate and distinct from the APD and has the ability and authority to review any OPS case even in the event a complaint is withdrawn, and the case is considered closed. However, the need for an update to the complaint withdrawal form is recognized and will be updated to the following language: I ___________ am voluntarily withdrawing my complaint dated filed with the Albany Police Department. This withdrawal covers all aspects of the complaint made against any member(s) of the Albany Police Department. This withdrawal also includes the withdrawal of any consent for the release of records and information I have granted pertaining to this complaint. I understand that any further review of the allegations contained in my complaint will be done at the discretion of the Albany Police Department.”	APD approved making amendments to the APD Withdrawal Form and updated the language of the form.
Complaint Procedure, General Order No. 2.4.05	1. If a complaint is handled at the supervisor level, APD should provide the Board with a Supervisor Inquiry Report, and the Supervisor should follow up with the complainant and initiate further investigation if warranted.   2. Proposed Recommendation for General Order No. 2.4.05(I)(A)(6):   “6. If the complaint is handled at the supervisor level, then the supervisor shall be responsible for completing an Albany Police Department Supervisor Inquiry Report and entering it into IDC, APD Form # 423 shown on page 8 of this order, and forwarding the report to OPS. When the Supervisory Inquiry Report is forwarded to OPS, then OPS shall forward the Supervisory Inquiry Report and and to the Administrative Agency that administers the Community Police Review Board. a. Supervisory officers are not relieved of their responsibilities to investigate complaints concerning investigations of citizen community complaints against personnel under their command, and shall not automatically refer the complainant to OPS without gathering further information.“ 3. Proposed Recommendation for General Order No. 2.4.05(I)(A)(7): ” 7. Supervisors shall follow up with the complaint, and if the complainant is not satisfied with the process and desires further action and the matter warrants further investigation, the complaint will be forwarded to OPS for investigation. If the complainant desires further action and the matter warrants further investigation, the supervisor shall then advise the complainant that they should file a written complaint via a Community Complaint FormCitizen CComplaint Form, shown on pages 9 through 12 of this order, or the complainant may submit a written letter detailing the incident. The supervisor shall be responsible for offering the complainant a CitizenCommunity Complaint Form.”		6/11/2024   APD Response: “OPS/APD personnel never ask or suggest that a complainant withdraw their complaint and routinely provide complainants with multiple pathway options for filing their complaint in a manner which is convenient and best suited to their preferences. Further, it is currently outlined in GO 2.4.05.I.A.4/4a that complainants shall be directed to a supervisor and that complaints shall be appropriately documented. (Cl /2/3)-All recommended policy and procedures are already in practice and are appropriately outlined in GO 2.4.05.I.A.G “If the complaint is handled at the supervisor level, then the supervisor shall be responsible for completing an Albany Police Department Supervisor Inquiry Report, APD Form # 423 and entering it into IDC and forwarding the report to OPS. When the Supervisor Inquiry Report is forwarded to OPS, OPS shall forward the report to the Administrative Agency that administers the CPRB.”	Policy 1: APD believes this is their current practice; therefore, the recommendation will not be implemented at this time. Policy 2 & 3: APD will not be implemented at this time.
Body Worn Cameras General Order No. 3.2.15, Mobile Digital Video/Audio Recording Equipment General Order No. 3.3.10 and Record Systems General Order No. 4.2.10	APD should adopt New York State’s LGS-1 retention schedule to promote uniformity of records retention within the city.	4/12/2024	6/11/2024 APD Response: “The department is researching the parameters of and plans to evaluate the feasibility of NYS’s LGS-I retention schedule.”	APD will not be implemented at this time.
Disciplinary Procedure, General Order No. 2.2.20	APD should provide the Board with a quarterly report detailing all APD staff members’ recommendations for training following disciplinary infractions Proposed Recommendation for General Order No. 2.2.20 (IV): 1. Officer disciplinary information, including recommendations for training, training records, and written and/or oral Counseling Memos, shall be compiled and transmitted to the Community Police Review Board on a quarterly basis.   2. The report shall provide detailed information on the infractions and remediation for each incident. “IV. Quarterly Reports: 1. Officer disciplinary information, including recommendations for training, training records, and written and/or oral Counseling Memos, shall be compiled and transmitted to the Community Police Review Board on a quarterly basis. 2. The record shall provide detailed information on the infractions and remediation for each incident.“	4/12/2024	6/11/2024 APD Response: As previously discussed in the most recent APD/CPRB Liaison Meeting, the recommendations as outlined will be evaluated at a later date and time as the Albany Police Department Discipline Matrix has not yet gained final approval from the Chief.	APD will not be implemented at this time.
Disciplinary Procedure, General Order No. 2.2.20	Proposed Recommendation for General Order No. 2.4.15 (II)(G)(4)(b)(i)(f):   1. The training summaries shall be compiled and reported to the Community Police Review Board quarterly   Proposed Recommendation Language for General Order No. 2.4.15 (II)(G)(4)(b)(i)(f):   “4. Commander of the Office of Professional Standards: a. The Commander of OPS shall review the IDC summary report and discuss the recommended disposition with the Chief of Police for final approval. b. When a review of a department member’s early warning indicators signify that agency intervention is appropriate and/or when a supervisor makes such a determination as a result of routine observations, the Chief of Police or his/her designee may recommend the following: i. Page 5 Remediation or training: a) An employee may need refresher training in human relation skills, defensive tactics, cultural diversity, – Personnel Early Warning System, G.O. No. 2.4.15 vehicle operation, certain department policies and procedures, etc.  b) If formal training is recommended, the Commander of OPS shall contact the Training Unit lieutenant. The Training Unit lieutenant shall coordinate the placement of the employee in an appropriate training class or assist with the development of a custom tailored curriculum.  c) Every effort shall be made to specifically fit the training to the employee’s needs.  d) The training shall be scheduled and accomplished as soon as possible after the supervisor’s meeting with the employee.   e) A summary of the training shall be documented via IDC and shall be included with the PEWS review. f) The training summaries shall be compiled and reported to the Community Police Review Board Quarterly.“	4/12/2024	6/11/2024 APD Response: As previously discussed in the most recent APD/CPRB Liaison Meeting, the recommendations as outlined will be evaluated at a later date and time as the Albany Police Department Discipline Matrix has not yet gained final approval from the Chief.	APD will not be implemented at this time.