Schilling Rob Foia Final

From: Brackney, RaShall
Sent: Tuesday, April 9, 2019 6:25 PM

To: Burke, Sarah; Police Civilian Review Board; Council; Murphy, Mike; Blair, John C
Subject: RE: CRB questions for Chief Brackney
Good evening Ms. Burke,

I am in receipt of your email and the letter requesting additional information and clarification on my presentation, General Orders, the
Use of Force Summary and other items.
Based on my schedule and the extent of your questions, I can start collecting the information you requested next week with an
anticipated response date of Monday, April 29, 2019.
In the interim and to facilitate the process, it would be helpful if you could provide me with the previous correspondences and
materials referenced in the letter.
All the best,

Chief Brackney
RaShall M. Brackney, Ph.D.

Chief of Police
Charlottesville Police Department
606 E. Market Street
Charlottesville, VA 22902
Office: 434-970-3288
-----Original Message-----
From: Sarah Burke [mailto:sarahjaneva@gmail.com]
Sent: Monday, April 8, 2019 12:23 PM
To: Police Civilian Review Board <policecrb@charlottesville.org>; Brackney, RaShall <brackneyr@charlottesville.org>; Council
<council@charlottesville.org>; Murphy, Mike <murphym@charlottesville.org>; Blair, John C <blairjc@charlottesville.org>
Subject: CRB questions for Chief Brackney
Good afternoon Chief Brackney:

Please find a letter from the CRB attached. This letter includes our follow-up questions from your presentation about the complaint
process, the IA process, and the complaint data you provided to us last month.
Thank you,
Sarah
From: CLERK OF COUNCIL, x3113
Sent: Wednesday, April 10, 2019 12:34 PM
To: Murphy, Mike
Subject: Notice of Special Meeting (Council/CRB)- April 17, 2019
Kyna Thomas, CMC

Chief of Staff/Clerk of Council
434-970-3113
clerk@charlottesville.org
MEETING NOTICE
Charlottesville City Council and Police Civilian Review Board -

April 17, 2019
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL and the POLICE

CIVILAIN REVIEW BOARD will be held on Wednesday, April 17, 2019, AT 6:30p.m. IN
COUNCIL CHAMBER, City Hall, 605 E. Main Street, Charlottesville, Virginia.
THE PROPOSED AGENDA IS AS FOLLOWS:
Review of proposed Bylaws of the Police Civilian Review Board
BY ORDER OF THE MAYOR
BY: Kyna Thomas, Chief of Staff/Clerk of Council

DATE: April 10, 2019
Persons with disabilities may request reasonable accommodations by contacting

ada@charlottesville.org or (434) 970-3182.
FOLLOW US
Sent by the City of Charlottesville Office of City Council, 605 E. Main St. Charlottesville, VA 22902
Kyna Thomas, Chief of Staff/Clerk of Council
PHONE: 434-970-3113 EMAIL: clerkb@charlottesville.org
www.charlottesville.org
City of Charlottesville | Office of City Council, 605 East Main Street, Charlottesville, VA 22902
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From: Burke, Sarah
To: Brackney, RaShall
CC: Police Civilian Review Board; Council; Murphy, Mike; Blair, John C
Subject: Re: CRB questions for Chief Brackney
I just forwarded you my FOIA request and the email chain connected with that, Chief Brackney. Is that all that
you need in terms of correspondence and materials? Thanks again.
Sarah
On Tue, Apr 9, 2019 at 6:25 PM Brackney, RaShall <brackneyr@charlottesville.org> wrote:

I am in receipt of your email and the letter requesting additional information and clarification on my
presentation, General Orders, the Use of Force Summary and other items.
Based on my schedule and the extent of your questions, I can start collecting the information you requested
next week with an anticipated response date of Monday, April 29, 2019.
In the interim and to facilitate the process, it would be helpful if you could provide me with the previous
correspondences and materials referenced in the letter.
All the best,

Chief Brackney

Chief of Police
Office: 434-970-3288
To: Police Civilian Review Board <policecrb@charlottesville.org>; Brackney, RaShall
<brackneyr@charlottesville.org>; Council <council@charlottesville.org>; Murphy, Mike
<murphym@charlottesville.org>; Blair, John C <blairjc@charlottesville.org>

Please find a letter from the CRB attached. This letter includes our follow-up questions from your presentation
about the complaint process, the IA process, and the complaint data you provided to us last month.
Thank you,
Sarah
To: Burke, Sarah
Evening Sarah,
Thank you for your quick response. I will review the information sent in a separate email, and reach out if I need additional
information.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

To: Brackney, RaShall <brackneyr@charlottesville.org>
Cc: Police Civilian Review Board <policecrb@charlottesville.org>; Council <council@charlottesville.org>; Murphy, Mike
Sarah

All the best,

Chief Brackney

Chief of Police
Office: 434-970-3288

Thank you,
Sarah
From: Ubilla, Guillermo
To: Police Civilian Review Board; Council
CC: Ubilla, Guillermo
Subject: Information for our working session Wednesday.
Attachments: Police Civilian Oversight Packet for Council Meeting.pdf
City Councilors,
The CRB thought it would be helpful send you some information prior to our working session this Wednesday night. In the
attached packet is information we’d like to share and discuss with you on Wednesday regarding police oversight and a
preliminary draft of the bylaws as they stand now. I’ve asked Matthew to have copies available on Wednesday.
Sincerely,
Guillermo
Police Civilian Oversight - Overview
Proposed approach for a hybrid professional/volunteer Oversight Body:
1. Volunteer Civilian Review Board with staffed Executive Director
2. Auditor and Policy Advisor (staffed position that operates apart from but alongside the Review Board)
3. Community and Police Engagement (joint effort of volunteer Board, Auditor, and Executive Director)
1 Civilian Review Board 2 Police Auditor

9 civilian voting members Staff position
Meets monthly to review all ongoing complaints and by Auditor is a staffed position
majority vote holds hearings and/or direct the Executive that can review all CPD data
Director to conduct independent investigations. for the purposes of looking at
long term trends.
Executive Director
Staffed position
The Executive Director intakes all complaints and

investigates at the direction of the board.
3 Outreach and Engagement

Civilian Review Board, Executive Director, and Auditor will work together on public outreach that
includes quarterly meetings with the public and regular reporting.
In progress working draft -- not for citation or quotation Overview - Page 1

1 Civilian Review Board
9 civilian voting members
Meets monthly to review status of on-going complaints as presented by Executive

Director.
For complaints in progress:

• The board may vote by majority to ask the Executive Director to conduct
investigation of complaint at any time. The Executive Director shall involve the Board
to the extent possible in this investigation.
• At any time, the board may vote to hold a hearing at which the Board takes testimony,
invites the complainant, witnesses, and target officer to attend, receives information
from Internal Affairs as needed, etc.
For review of a finalized Internal Affairs investigation:

• Review the entire Internal Affairs file
• Refer cases to mediation
• Request additional investigation by the Executive Director or Internal Affairs
Investigators
• Hold a hearing at which the Board takes testimony, invites the complainant,
witnesses, and target officer to attend, receives information from Internal Affairs as
needed, etc.
For any case the board has choosen to investigate or hold a hearing:
• Board may make findings that differ from IA’s findings. In that instance, Board will
make findings known to City Staff and CPD, with the expectation of a response from
the CPD
• The Board may make policy recommendations as part of each report
Executive Director
Staffed position
• Executive Director intakes and tracks all complaints

• Executive Director Receives weekly update from Internal Affairs with any new
complaints—internal or external—coming from CPD
• Executive Director maintains communication with complainants throughout and
after the complaint process
• Executive Director presents to the Board at monthly meetings the status of all
complaints in Internal Affairs process
• Executive Director will conduct independent investigation at the request of the board
• Executive Director will organize the logistics of holding a hearing at the request of
the board
In progress working draft -- not for citation or quotation Details - Page 2

2 Police Auditor
Staff position
Police Auditor - staff position

Auditor is a staffed position that looks at long-term trends in policing. She has the
authority to review any item, data, or document of significant public interest. Specifically,
she shall endeavor to look at the following data, policies, and documents:
• All use of force incidents
• Arrest data
• All stop-and-frisk data
• All officer-involved-deaths
• Internal Affairs policies and procedures
• Has complete access to CPD files
• Has the possibility to audit training records, diversity of staff, reports on minority
officer recruitment and hiring, etc.
Reporting:
• Reports findings and progress to CRB on at least a quarterly basis at public meetings
• Also creates at least one report annually: complete reporting on CPD’s handling of all
complaints filed, all Use of Force incidents, and all Officer-involved deaths. Detailed
reporting on any policy recommendations made, the reasons why, and the outcomes
of those policy recommendations
The Executive Director, Auditor, and Board Member plan and execute robust quarterly
community outreach to involve citizens in policing matters and records public input:
• Data Presentation, specifically: Stop and Frisk, Complaints, Use of Force
• Public comment is encouraged
*All CPD data and info is presented to the ED, Engagement Coordinator, and Auditor
at least 3 weeks (?) prior to the Meeting for dissemination to public and review by the
Oversight Body.
ED, Auditor, and Board Members will prepare public reports:

• For every case the board voted to investigate or hold a hearing
• On all community engagement and CPD engagement.

Complaint Process
Overview Complaint comes to CRB HQ
The Executive Director intakes all complaints,

logs them, and sends to CPD and Auditor.
The Executive Director tracks all compliants for

timeliness.
The executive Director maintains contact with

complainant throughout this process.
CPD conducts
Internal Affairs
investigation
Executive Director reports on all

ongoing complaints at monthly
board meeting.
The board can vote to hold a hearing

and/or call for the Executive Director to
conduct an independent investigation.
CPD concludes
Internal Affairs
investigation and
informs Executive
Director Executive Director reports to Board
on all of IA’s concluded complaints
at monthly board meeting.
The board may vote to review the

case (with full access to IA files),
request additional investigation of the
Executive Director or IA, hold hearings,
make fact findings, and make public
recommendations of outcomes. For
all hearings, the board will create a
public report with its findings, with the
expectation of a response from the CPD.
In progress working draft -- not for citation or quotation Compliant Process Overview - Page 4
Staff Position Job Details
Executive Director
Staffed position
The Executive Director of Police Oversight plans, organizes, and supervises

all work activities of the CRB to achieve its mission of building and sustaining
public trust and building confidence in the complaint process and in policing
in Charlottesville. She intakes complaints, maintains communications with
complainants, develops office and data-keeping procedures, develops a
procedure by which the processing and dissemination of complaints to the
CPD is done efficiently and effectively, and provides a full range of professional
support to the CRB such as conducting research, data reviews and policy
analyses, and preparing public reports documenting the work of the CRB and
its findings.
The Executive Director is responsible for managing various administrative

functions of the CRB such as procurement and records management. She also
develops office procedures, works alongside the CRB Chairperson, and serves as
a voting CRB member. She organizes and arranges training and compliance for
all Board members. She assists CRB members in developing agendas, meeting
summaries, reports, outreach activities, and correspondence with the public on
behalf of the CRB.
Police Auditor
Staff position
The Auditor monitors and reviews internal investigations of CPB complaints

and use of force cases at which an individual is killed or seriously injured. She
provides recommendations for improvements in CPD policies, training, and
practices, and develops and issues public reports of her findings. The Auditor
consults as needed with the Chief of Police, Internal Affairs Bureau, the and
others in the police department while conducting investigation reviews. At the
request of the Review Board, City Council, or the City Manager, the Auditor also
conducts examinations of relevant CRB policies or data.
In progress working draft -- not for citation or quotation Staff Job Details - Page 5
Budget Memo
Prepared by: Josh Bowers
Date: April
14, 2019
This memo is intended to accompany a budget spreadsheet I prepared, detailing the budgets for
different oversight boards. The memo details my findings from that spreadsheet (and relevant
notes on how I created the spreadsheet). Additionally, I propose an annual budget for the
Charlottesville CRB of $180,000+ per year (a rate of ~1% of the CPD budget).
The source of the data on my budget spreadsheet come from a spreadsheet provided to us by
National Association for Civilian Oversight of Law Enforcement (NACOLE), which included
budget and staffing numbers for every oversight board for which NACOLE could find such
information. The NACOLE spreadsheet included a fair amount of extraneous stuff and some
gaps that I did my best to fill in through outside research. (E.g., I used the Internet to fill in
missing population numbers for some municipalities.)
NACOLE made clear to us that its spreadsheet is only a work in progress. It is the product of a
grant NACOLE received from the Department of Justice to produce a user-friendly database,
comparing different oversight boards and models. NACOLE’s spreadsheet included all of its
findings to date. But, again, those findings were only somewhat complete, so I did what I could
with them.
Findings
Working off of my spreadsheet, I calculated the following:
• Average budget of oversight boards (~$967,000)

• Average department size (~980 officers and staff)
• Average department budget (~$162,338,000)
• Average population size of municipality (~417,000 people)
Using those averages and Charlottesville’s department size (~ 165 officers and staff), department
budget (proposed ~$18,000,000), and population size (~48,000 people), I calculated the following:
• Based upon average department size and oversight budget, a department of CPD’s size
corresponds with an oversight budget of ~$163,000.
• Based upon average department budget and oversight budget, a department of CPD’s size
• Based upon average municipal population size and oversight budget, a city of Charlottesville’s
size corresponds with an oversight budget of ~$107,000.
An alternative metric: Our NACOLE trainers indicated that many oversight boards are funded at
a budget that is 1% of the department’s budget, which corresponds with an oversight budget of
~$180,000 for Charlottesville.
In progress working draft -- not for citation or quotation Budget Information - Page 6
Summary
According to the metrics described above, our budget should be somewhere in the range of
~$107,000-$180,000.
However, there is a very good reason why our budget needs to be at the top of that range or
above. There is a commonly understood financial concept called “economies of scale” which
dictates that larger enterprises can do more with less money than smaller enterprises. For
instance, if we were forming a bakery, we would need to build and staff a kitchen whether we
were producing 100 or 1000 donuts per day. The bigger bakery needs a bigger oven but not an
oven that cost ten times as much. The same is true for oversight boards. A board in a big city
might be able to get away with a budget only five times our size, even if its civilian population
and police department are ten times our size. By contrast a board in a very small town (much
smaller than Charlottesville) may flounder without the permanence and expertise of a full-time
staff member, even if its proportional budget would not seem to justify the expenditure. Again,
bigger enterprises can do more with less. We are not a big city, and this is not a big enterprise, so
we don’t have the luxury to do a lot with a little. With that economic logic in mind, our annual
funding should be as follows:
• PROPOSED BUDGET —$180,000 or more.
Additional Notes
In the interest of full disclosure, I wanted to provide additional notes about the NACOLE
spreadsheet and the relevant changes I made to it:
• I removed all oversight boards that only provide oversight over specialized forces (like
corrections officers and transit forces). Any comparison between our board and these boards
would be apples to oranges.
• I removed one board for which no budget numbers were listed—that is, San Diego.
• I removed all boards for jurisdictions with a population over one million people (with the
exception of Fairfax County, since it is one of the only two Virginia boards). Again, the logic is
that it would be apples-to-oranges to compare our board to boards in very large jurisdictions,
like New York City, Chicago, and Los Angeles.
• I included only the most recent year of data for jurisdictions with separate entries for
multiple years of data.
• I assumed all budget numbers on the original spreadsheet were annual budget numbers.
(Sometimes a specific year was not listed.)
• Some of the numbers on the initial spreadsheet were approximate, others were exact. I
went with exact numbers where provided. However, I approximated my findings to avoid
distracting decimals, etc. (rounding off to the nearest thousand dollars and hundredth of an
employee).
• The NACOLE spreadsheet included no information or data for Virginia Beach—the other
Virginia oversight board. Likely, this is because the Virginia Beach board is funded through its
Human Resources Department on an as-needed basis, which means there are no set funding
numbers. (At least, this is our understanding of the Virginia Beach model, based on our
discussion with its board members.)
City & State Total sworn Civilian Total budget for Total budget for all law
personnel population under oversight agency: enforcement agencies
under jurisdiction: overseen:
jurisdiction:
Akron, OH 437 197,846 $80,000 $55,000,000.00
Albuquerque, NM 900 550,000 $1,000,090.00 $19,200,000.00
Austin, TX 1,900 900,000 $1,300,000.00 $442,000,000.00
Berkeley, CA 178 121,240 $722,180.00 $66,747,004.00
Burbank, CA 160 104,834 0 Unknown
Cambridge, MA 288 110,651 $96,137.50 $55,191,025.00
Cincinnati, OH 1,074 301,301 $670,510.00 $146,601,670.00
Denver, CO 2,266 680,000 $1,616,911.00 $375,751,391.00
Detroit, MI 2,550 680,250 $3,682,410.00 $312,756,405.00
Fresno, CA 830 527,438 $268,100.00 $180,875,300.00
Indianapolis, IN 1,600 855,164 $266,000.00 $276,000,000.00
Kansas City, MO 1,340 488,943 $482,501 $223,279,980.00
Knoxville, TN 300 187,000 $52,500.00 Unknown
Miami, FL 1,100 450,000 $1,170,000.00 $200,000,000.00
New Orleans, LA 1,216 393,292 $1,034,080.00 $179,744,771.00
Oakland, CA 780 450,000 $5,000,000.00 $290,000,000.00
Portland, OR 950 639,863 $2,095,887.00 $211,271,126.00
Richmond, CA 178 109,813 $553,000.00 $67,000,000.00
Riverside, CA 372 327,728 $271,746.00 $75,240,522.00
Rochester, NY 728 210,500 $145,500.00 $118,490,286.00
Roxbury, MA 2,000 59,626 $100,000.00 $90,500,000.00
Sacramento, CA 751 466,488 $339,838.00 $100,000.00
Saint Paul, MN 626 302,398 $4,483,517.00 $132,200,000.00
Salt Lake City, UT 501 375,000 $200,000.00 $111,581,970.00
Santa Rosa, CA 454 484,000 $496,106.00 Unknown
Sarasota, FL. 160 56,601 $68,393.00 $181,000,000.00
Seattle, WA 1,376 686,800 $3,599,865.00 $34,619,453.00
Spokane, WA 316 215,973 $318,668.00 $330,922,012.00
St. Louis, MO 1,328 308,000 $319,000.00 $58,005,618.00
St. Petersburg, FL 600 300,000 $100,000.00 $30,304,303.00
Syracuse, NY 375 143,378 $140,077.00 $103,000,000.00
Syracuse, NY 290 468,463 $137,608.00 $47,400,535.00
Tucson, AZ 950 600,000 $301,950.00 $51,433,702.00
Washington DC 4,000 690,000 $2,400,000.00 $188,594,000.00
Fairfax, VA 1,434 1,148,433 $316,000.00 $540,000,000
AVERAGES: 980.229 416,886 $966,531 $162,337,846.03

Charlottesville 165 48,000 X $18,000,000
Incomplete working draft -- not for citation or quotation
I. NAME
The name of this Board is the Civilian Review Board (the “Board”) for the City of
Charlottesville.
II. MISSION
Mission Statement: The Board aims to provide fair, objective, and independent oversight of the
Charlottesville Police Department (the “CPD”) in an effort to enhance transparency and trust, to
promote effective policing and mutual respect, and to protect the civil and constitutional rights of
the people of Charlottesville.
To achieve its mission, the Board pursues the following principles:
● ensuring that all people are treated equally and with dignity and integrity;
● empowering and inspiring self-governance;
● seeking social and racial justice;
● listening to stakeholders, and amplifying the voices of the politically and economically
powerless;
● building bridges and finding and developing common ground and public purpose;
● championing just and equitable policies and practices and community-policing initiatives;
and
● cultivating consistently legitimate, transparent, and fair policing efforts.
III. DUTIES
The Board commits to fulfill the following obligations:
● review internal investigations of police misconduct;
● process and investigate civilian complaints;
● recommend policies and best practices;
● reach out to affected communities;
● produce public reports; and
● collaborate effectively with CPD, city, and oversight staff.
IV. STRUCTURE & SELECTION

Civilian Composition: The City Council shall appoint civilian Board members. The City
Council shall endeavor to create a fair, objective, independent, and representative body.
1
Except in the event of a short-term vacancy (described below), the appointment process for new
Board members shall include at least one public opportunity for current Board and community
members to question candidates.
The City Council shall create a Board composed of eleven civilian Board members, including
nine voting members and two non-voting (ex-officio) members. If the City Council fails to fully
staff the Board, the Board may continue to do its work as long as six voting Board members are
available to establish a quorum (described below).
The City Council shall endeavor to appoint members that satisfy the following criteria:
● at least one voting member who is a resident of low-income housing;
● at least three voting members who represent historically disadvantaged communities,
particularly communities that have experienced disparate policing;
● at least one voting member who represents an organization, office, or agency that seeks
racial or social justice or that otherwise advocates on behalf of an historically
disadvantaged community;
● at least one voting member who has skills and experience in community outreach and/or
organizing;
● at least one voting member who has skills and experience in criminal law, civil rights,
and/or legislation;
● at least one voting member who has skills and experience in investigation and/or
mediation;
● at least one voting member who has skills and experience in policy analysis, institutional
systems, compliance practices, and/or auditing;
● at least one voting member who has skills and experience in data analysis and/or
statistics;
● one ex-officio member who is a current City Councilor; and
● one ex-officio member who has policing expertise or experience (subject to the
“Membership Restrictions,” described below).
If the applicant pool for a voting or ex-officio position or positions would result in a Board
composition that does not satisfy the criteria listed above, the City Council shall seek additional
candidates, specifically requesting applications from candidates representative of a missing
category or categories. The City Council shall leave positions open and shall continue diligently
to process applications, as needed, until it appoints an appropriately representative board.
Stipend: The City of Charlottesville shall provide civilian voting Board members with a $1,500
annual stipend for their service. A Board member may decline the stipend, but the City must
offer it annually.
2
Membership Restrictions: All Board members must be residents of the City of Charlottesville,
and no Board member may be:
● a current employee of the City of Charlottesville, except the Executive Director
(described below) and the ex-officio City Councilor;
● a current candidate for public office;
● a current or former employee of the CPD;
● an immediate family member (partner, spouse, child, parent, sibling, or former guardian)
of a current or former employee of the CPD; or
● a current employee of another law enforcement agency.
Oversight Staff: The Board shall work closely with two professional staff members. An
Executive Director of Police Oversight shall work with and for the Board, and an Auditor shall
work independently of the Board (but alongside it and occasionally collaborating with it).
The Executive Director’s obligations include:
● planning, organizing, and supervising Board activities, events, and trainings;
● developing a complaint process and intaking complaints;
● developing and administering data-keeping procedures;
● developing agenda for Board meetings;
● communicating with city staff to ensure administrative compliance with Board bylaws;
● communicating with the CPD to ensure departmental compliance with the Memorandum
of Understanding between the Board and the CPD;
● communicating with the Commonwealth Attorney’s Office, as needed;
● communicating with and disseminating information to members of the public;
● coordinating outreach to the public;
● conducting research, data review, and policy analysis to facilitate the preparation of
Board reports;
● collaborating effectively with Board members and officers; and
● tracking CPD and Board activities to ensure timely and effective compliance with
established policies and procedures.
The Auditor’s obligations may include:1
● auditing CPD internal investigations contemporaneously;
● analyzing trends in complaint processing and disposition;
● analyzing trends in use of force and officer-involved deaths;
1
Because the Auditor operates independently of the Board, the scope and substance of the Auditor’s obligations are
best governed by ordinance and employment contract, not by these Bylaws.
3
● recommending policies, training, and best practices to the CPD;

● accessing all CPD documents and raw data, including materials potentially unavailable
for Board review.
Terms of Service & Removal: Except as to the inaugural Board (as described below), the City
Council shall appoint voting members for three-year terms with the possibility of renewal, but
with no voting member serving more than two consecutive terms. The City Council shall stagger
Board members’ terms. To that end, the City Council shall appoint three voting members of the
inaugural board to eighteen-month terms and four voting members to three-year terms.
The City Council shall appoint ex-officio members without term, except the City Council may
remove an ex-officio member at its discretion and shall remove an ex-officio member upon a vote
of no confidence by at least seven voting members.
The City Council shall hire the Executive Director without term.
The City Council may remove the Executive Director or a voting Board member for cause only.
A removal for cause is authorized upon a vote of no confidence by at least seven voting
members.
Vacancies: A Board member may resign at any time by delivering written notice of termination
to the City Council and a copy to the Board. Unless the notice specifies an effective date, the
resignation is effective upon receipt.
In the event of a Board member’s resignation, removal, or vacancy for another reason, the City
Council may appoint immediately (that is, without an opportunity for public comment and
questioning) a new Board member for the remainder of the term of the vacated Board seat.
In the event of a resignation, removal, or vacancy for another reason of an Executive Director,
the City Council shall form a hiring committee and replace the Executive Director expeditiously.
Unless impractical, at least three voting Board members shall serve on the hiring committee.
City Staff: The City of Charlottesville shall provide administrative-staff support to the Board.
The City shall assign a secretary to take minutes at public meetings, and, unless impractical,
circulate them to Board members no later than five days before the next regular meeting.
Meeting minutes shall include the date, time, and location of each meeting; the Board members
present and absent; a brief summary of matters discussed; and a record of votes taken. The
4
secretary shall ensure that all approved minutes are posted prominently on the Board’s public
website.
At all public meetings, the City of Charlottesville shall provide food, beverages, and copies of all
printed materials (agendas, prior meeting minutes, and other meeting-related materials) to Board
members and the public in attendance.
The City of Charlottesville shall assign a treasurer to process Board expenses and provide
expense reports to the Board not less than once every two months or upon Board request.
The City of Charlottesville shall host and administer the Board’s website and shall provide each
Board member with a city email address to be used exclusively for Board work.
The City of Charlottesville shall assign a custodian to maintain Board records.
The City of Charlottesville shall provide Board members with appropriate and timely training of
its relevant systems and operations.
Legal Staff: The City Attorney, or its designee, shall serve as legal advisor to the Board. As to a
particular matter, and in the event that a majority of all voting Board members identify a conflict
of interest that precludes effective representation by the City Attorney’s Office, the City of
Charlottesville shall retain outside counsel to advise the Board. The City shall not use the
Board’s budget to pay outside counsel.
Non-Legal Independent Contractors: The Board may contract with an independent contractor
to perform work within the Board’s mission and scope. The City may use the Board’s budget to
pay an independent contractor.
Budget: The City of Charlottesville shall fund the Board at a rate not less than 1% of the budget
of the CPD, adjusted annually. Except as otherwise provided, the Board has discretion to spend
its budget.
Use of Funds: The Board shall have access to discretionary funds to conduct Board business.
Neither the City Council nor the City Manager may dictate the manner by which the Board shall
use its funds, except to require that expenditures are business-related. The City of Charlottesville
shall reimburse all reasonable expenditures. No Board member may be reimbursed for an
expenditure greater than $100 without prior approval of the expenditure by the Board.
5
Board members are responsible for keeping and submitting receipts for reimbursement. In the
event a receipt cannot be obtained, the Board member shall prepare and provide a written
explanation of the expenditure. The explanation must include a description of the item(s); the
date of purchase, the merchant’s name; a credit card statement, if applicable; and the reason for
the lack of a receipt or other supporting documentation.
At any time, the Board may request additional funds for any relevant activity, and City Council
shall not unreasonably deny a funding request necessary for the Board to meet its mission. If
City Council denies a funding request, it shall provide its reasons in writing.
Organization: Within two months of its first meeting, the inaugural Board shall appoint the
following officers: (1) Chairperson, (2) Vice Chairperson, and (3) Arm Leaders. Each officer
shall serve an eighteen-month term, measured from the date of appointment of the inaugural
board. Every eighteen months thereafter, the Board shall appoint new officers or renew
appointment of current officer(s), except no officer may serve more than two consecutive
eighteen-month terms.
The Chairperson runs meetings, drafts agendas, organizes Board communications, and serves as
a media point of contact.
The Vice Chairperson acts at the direction of the Chairperson and, as needed, assumes the role of
Chairperson.
Each Arm Leader runs one of three Board Arms (described below): (1) the Complaint and
Internal Affairs Investigation Arm (“Arm 1 Leader”); (2) the Auditing and Policy Review Arm
(“Arm 2 Leader”); and (3) the Community Engagement Arm (“Arm 3 Leader”).
The Arm 1 Leader should have experience with law, investigation, and/or mediation. The Arm 2
Leader should have experience with data collection and data and/or policy analysis. The Arm 3
Leader should have experience with community organizing and outreach. All Arm Leaders
should demonstrate strong leadership, organization, and writing skills. An Arm Leader may
serve simultaneously as Chairperson or Vice Chairperson.
Ad-hoc Tasks: A Chairperson, Vice Chairperson, or Arm Leader may assign ad-hoc tasks to one
or more Board members. An officer shall assign tasks as the officer deems necessary to fulfill the
Board's mission and its bylaws. Board members may solicit outside volunteer assistance on a
task from a member of the public. However, no outside volunteer may vote on a Board matter,
including the task at issue. The Chairperson may call upon a Board member at a regular meeting
to report, orally or in writing, on an assigned ad-hoc t ask.
6
Community Advisory Panels: The Board may establish community advisory panels as it deems
necessary. The Board shall determine the membership of a community advisory panel. No
outside volunteer may vote on a Board matter, including a matter at issue before a community
advisory panel. The Chairperson may call upon a Board member at a regular meeting to report,
orally or in writing, on the work of a community advisory panel.
Training of Board: The inaugural Board shall receive a training of at least eight hours,
presented by the National Association for Criminal Oversight of Law Enforcement or a
comparable organization. The training provider should tailor the training to the Board’s mission
and bylaws.
Annually, the Executive Director shall arrange for the CPD to provide trainings (publicly or in
closed session, as required):
● explaining CPD procedures and policies;
● reviewing completely at least one closed internal affairs investigation of a civilian
complaint;
● detailing raw data on investigative detentions and arrests; and
● educating the Board on CPD databases and administrative systems.
These trainings may include participation in a civilian police academy and/or police ride-alongs.
No Board member shall be required to participate in a training that she asserts adversely impacts
her mental health or physical safety. For a Board member who opts out of a training on these
grounds, the Executive Director shall arrange for alternative training opportunities.
Monthly, the Executive Director shall endeavor to arrange ongoing additional training
opportunities by subject matter experts. Such trainings may include presentations on mental
health, trauma-informed policing, civil rights and constitutional law, race and racism, community
organizing and outreach, mediation, and/or investigations.
City staff shall work diligently in collaboration with the Executive Director to organize trainings.
V. MEETING & VOTING
Meetings: The Board requires a quorum of six voting members to meet and conduct business.
The Board shall hold regular meetings as necessary but at least once per month. All regular
meetings shall be public meetings, as required by the Virginia Freedom of Information Act
(“FOIA”). Va. Code § 2.2-3707. At least four days before each regular meeting, the Board shall
provide city administrative staff with notice of the meeting, which city administrative staff shall
7
publicly and prominently post notice of the meeting at least three days before the meeting, as
required by FOIA.
Consistent with FOIA, the Board may hold “special, emergency, or continued meetings” with
public notice provided as “reasonable under the circumstance[s].” Va. Code § 2.2-3707(D).
Likewise, “for certain limited purposes” and according to “closed meeting procedures,” the
Board may hold closed meetings or enter into closed session during a public meeting. Va. Code
§§ 2.2-3711-12.
A Board member may meet by teleconference or videoconference if: (i) a quorum of the Board is
present in-person; (ii) a majority of those present in person vote to permit remote participation;
and (iii) the remote Board member’s comments are sufficiently audible to Board members and
the public.
During a regular meeting, the Board shall leave time for public comment. Upon majority vote of
Board members present, the Board may establish a reasonable time limit on the public-comment
period.
Board members shall endeavor to attend all meetings. If a Board member is absent, without
cause, from four regular meetings in a calendar year, removal for cause is authorized (as
described above in “Terms of Service & Removal”).
Votes: The Board shall vote publicly, orally, and not by proxy. Except as specified elsewhere,
the Board may act upon the vote of a majority of the voting members present at a meeting,
provided at least a quorum is present.
At a regular meeting, a Board member may propose an amendment to the bylaws. The Board
member must provide a written copy of the amendment to each Board member at least seven
days before a vote on the amendment. The Board may amend the bylaws only upon the vote of a
majority of all voting members. Unless the amendment specifies an effective date, the
amendment is effective at the next Board meeting.
VI. POWERS. DUTIES AND FUNCTIONS

[*** All of the remaining bylaws are very rough and still need substantial editing--both
substantively and stylistically. ***]
The Board’s work will be separated into three distinct categories, called “Arms.” The First Arm
will the Complaint and Internal Affairs Arm. The Second Arm is the Auditing and Policy
8
Review Arm. The Third Arm is the Community Engagement Arm. Specific powers, duties, and
functions are below.
ARM 1: Complaints and Internal Affairs

The Board shall have the authority to receive, review, investigate and make findings of fact
regarding any and all complaints against CPD. The Board shall also have the authority to
administer public hearings, refer cases to mediation, and/or make recommendations to the City
Manager, City Council, and the Chief of Police.
Intake of complaints: The Board shall develop and make publicly accessible, electronically and
physically, a complaint form, written in English and Spanish. The Board shall make appropriate
accommodations for taking complaints from speakers of other languages, including sign
language.
A complainant or third party may file a complaint in person, by phone, by post, or electronically.
The Board shall accept anonymous and unsigned complaints.
The Board shall log all complaints. Once the CPD assigns the case a case number, it shall be
tracked according to the CPD case number.
The Board shall forward all complaints expeditiously to the Internal Affairs Unit of the CPD.
Communication with complainant: Board Staff shall receive all complaints related to CPD
conduct. Staff or an assignment member of the Board shall maintain open lines of
communication with the complainant and IA throughout the complaint and investigation process.
If the complainant’s identity and contact information are known, the investigator shall endeavor
to communicate with the complainant at least once every thirty days.
Review of complaints and IA Files: The Board has the authority to review all inquiries and
complaints, including internal complaints and civilian complaints, and the accompanying CPD
files, data, and evidence related to the complaint and the investigation of the complaint.
Investigation: T he Board shall have the authority to engage in investigation of a complaint, as

long as the investigation adheres to state law including:
9.1-138 - 9.1-150 (Private Investigations)
§ 9.1-500 (LEO Procedural Guarantees Act)
Access to information and data: The Board shall have access to City and CPD data,
documents, and information it needs to perform its function. The Board shall not make public
data that is the subject of a signed confidentiality agreement or that cannot legally be released.
9
The City shall provide reasonable access to CPD premises, files, documents, reports, and other
materials for inspection by Board members and Board staff upon reasonable notice.
In its review of each individual case, the Board may request (i) the production of relevant
physical evidence or documents or (ii) the interview of a relevant witness, including but not
limited to the subject of the complaint. The City Manager or designee may request participation
in Board business of any employee whose involvement is requested by the Board, in compliance
with local, state and federal law. Upon request from the Board, the City Manager may also
require the production of any relevant documents or other materials in the possession of the
Police Department, or other City departments at any time.
Hearings: Upon the affirmative vote of a majority of Board members, the Board may administer
a public hearing at any time. The Board shall administer the hearing expeditiously.
The complainant has a right to offer testimony, introduce relevant physical evidence or
documentation, and offer collateral witness statements to the Board.
A member of CPD’s IA staff shall attend all hearings and answer questions of the Board. Any
member of the CPD may be invited to attend. The board may go into closed session as permitted
by FOIA to discuss personnel matters.
The Board’s legal advisor shall be present at each hearing to advise the Board. The board may go
into closed session as permitted by FOIA to receive legal counsel.
The Board may request (i) the production of relevant physical evidence or documents at a
hearing or (ii) the appearance and testimony of a relevant witness, including the subject of the
complaint. However, the Board has no authority to compel production of physical evidence or
documentation or to subpoena a witness or place a witness under oath.
The Board, in its discretion, may invite any person to appear at hearings to answer questions
proffered by the Board; provided, however, that the Board shall not have subpoena powers. The
City Manager or designee may require the attendance of any employee whose appearance is
requested by the Board, and may also require the production of any relevant documents or other
materials in the possession of the Police Department, or other City departments. Any person
appearing before the Panel may be accompanied by legal counsel; provided, however, counsel
shall not be authorized to participate in the proceedings.
Findings: The Board may make findings of fact. Upon the final review of a case, the Board shall
reach one of the following determinations by a preponderance of the evidence:
10
- unfounded, meaning there is no basis of fact to support an allegation of a complaint;

- exonerated, meaning an allegation of a complaint is substantially true, but officer in not
guilty of misconduct;
- not resolved, meaning the investigation was unable to verify the truth or falsity of an
allegation of a complaint; or
- sustained, meaning an allegation of a complaint is substantially true, and the officer is
guilty of misconduct.”
If no majority agrees upon a determination as to a particular allegation, the Board shall deem the
allegation of the complaint not resolved and provide a detailed explanation.
The Board shall record in a written report the reasons for any determination. The Chairperson
(along with City Staff) shall make the report public and transmit it expeditiously to the Chief of
Police and the City Manager.
If a majority of Board determines that an allegation is sustained, the majority may include in its
report a disciplinary recommendation. The Board has no final disciplinary authority.
The Chief of Police must respond to any Board finding or complaint resolution recommendation
in writing within forty-five days of the date of the Board’s recommendation. The Chief’s
response must indicate whether the CPD will follow the recommendation, will conduct
additional investigation or re-open the case, or whether the Department will not follow any of the
recommendations and any reasons why they will not be followed.
Recommendations to the CPD and City: The Board may make recommendations to the City
and CPD, including but not limited to: disposition outcomes by the Board, recommendation for
reconsideration of an outcome, recommendation for action taken as a result of its disposition,
recommendation for training, recommendation for mediation, and recommendation for additional
investigation.
The Board may make policy recommendations at any time to CPD upon affirmative vote of
majority of the Board. For reporting on policy recommendations, see Reporting section.
Arm 1 Reporting: The Arm 2 Leader shall be charged with inputting information related to their
Arm’s work, progress, and future plans in each annual report. This information shall include but
not be limited to: complaints taken in, complaints investigated, all hearings, any
dispositions/results, any recommendations made to the CPD and City Manager including the
final outcome of the complaint process.
Arm 2: Auditing and Policy Review
11
The Board shall perform an auditing and policy review function in conjunction with the staffed
Auditor. The Board shall have access to the data and information it needs to perform its function.
The Board shall work alongside professional oversight staff within the City and with the CPD to
ensure that adequate measures are taken to ensure confidentiality and the protection of privacy.
Auditing Function: The Board shall have the authority to conduct at least a monthly audit of and
report on all inquiries and complaints submitted (either internally or by a member of the public)
to the CPD. The Board shall monitor the timing of all actions and communications taken by the
CPD with regard to complaints to track whether the CPD is following its own policies and
procedures. This includes but is not limited to complaints that go to Internal Affairs (“IA”).
Can be a conduit to the complainant without revealing confidential information – has the
possibility to make the complainant feel more engaged and aware of the process
The Board shall also have the authority to monitor all Use of Force incidents, all investigative
detention data and information, and all officer-involved deaths. The Board shall not in any way
interfere with a criminal investigation.
The Board shall also have the authority to audit records and files, including training records,
diversity of staff information, reports on minority officer recruitment and hiring, or any other
matter of significant public interest.
CPD Policy Review and Recommendations: The Board shall act as a policy advisory panel to
the CPD.
New Policies: As new policies and general orders are developed by the CPD, they will be
reviewed prior to enactment by the Board to assess the policies’ negative and positive impacts,
especially on communities of color, low wealth communities, and on LGBTQ, disabled,
homeless, undocumented, mentally-ill individuals, and other protected classes.
All proposed CPD policy changes must be provided to the Board at least one month prior to the
date of the policy change. The Board shall make public the potential policy change and seek
community input.
Any comments or concerns regarding new CPD policies must be made in writing. The Chief of
Police must respond to any comment or concern regarding new or changing policies from the
Board in writing within forty-five days of the date of the Board’s recommendation. The Chief’s
response must indicate whether the CPD will follow the recommendations through standing
operating procedures, whether the recommendations should be adopted as policy, or whether the
Department will not follow any of the policy recommendations and any reasons why they will
not be followed.
Auditing of existing policies: The Board and its staff will engage in a long-term policing analysis
and planning process. Through the long-term planning process, the Board and its staff will
12
identify major problems or trends, evaluate the efficacy of existing law enforcement practices,
and establish a program of resulting policy suggestions and studies each year. The POB shall
review and analyze policy suggestions, analysis, studies, and data the Board has collected,
developed, or obtained.
majority of the Board. These recommendations shall be in writing and dated.
The Chief of Police must respond to any policy recommendations from the Board in writing
within forty-five days of the date of the Board’s recommendation. The Chief’s response must
indicate whether the CPD will follow the recommendations through standing operating
procedures, whether the recommendations should be adopted as policy, or whether the
not be followed.
Arm 2 Reporting: The Arm 2 Leader shall be charged with inputting information related to
their Arm’s work, progress, and future plans in each annual report. Specifically, the Arm 2
portion of the report should include but not be limited to: auditing functions performed in that
year; policies reviewed; any and all policy recommendations made (of existing or proposed
policies); an accounting of which Board recommendations were adopted, in whole or in part, by
the CPD and why or why not, and other relevant matters.
Arm 3: Community Engagement and Community/Police Relations
The Board shall engage in robust community outreach to involve citizens in policing matters. It
shall hold meetings or forums to engage the community at least quarterly. It shall record and
report on public input and needs at least quarterly in interim reports. The Board shall also
facilitate robust conversation and engagement between the public and the CPD.
The Arm 3 Leader shall determine and implement the best methodology for community
engagement sessions. Facilitators may be contracted as needed to aid in community engagement
or any other relationship-building efforts.
The Board shall facilitate, at a minimum, quarterly Community/Police Relations Meetings in
which the community and CPD officials meet in a public space to discuss and address policing
policy, data, procedures and processes, or any other matter of public interest. All information and
documentation that the CPD intends to present at the Community/Police Relations Meetings
shall be provided to the Board no fewer than 30 days prior to the Meeting. The Board shall
review CPD data and documents, disseminate (to the extent permissible by law) those documents
and data, and prepare for Meetings appropriately.
13
All Community/Police Relations Meetings shall be audio and video-recorded and made available
to the public by the City.
All Community Engagement Sessions and Community/Police Relations Meeting shall endeavor
to listen actively and empathetically.
(NEED SOMETHING IN HERE RE: MANDATING ENGAGEMENT OF LOW-INCOME

COMMUNITIES AND DISPARATELY POLICED COMMUNITIES)
ADD IN YOUTH ENGAGEMENT
Reporting of Arm 3: The Arm 3 Leader shall be charged with inputting information related to
their Arm’s work, progress, and future plans in each annual report. Specifically, the report shall
contain community engagement session descriptions and updates, all Community/Police
Relations Meetings, and any other relevant work, including an overview of the data presented by
CPD at all Community/Police Relations Meetings. The Arm 3 Leader should also report annually
on any proposals for future engagement efforts.
Other Power, Duties, and Functions of the Board not specifically related to the “Arms”
Input into Staffing Considerations: If the City of Charlottesville seeks to hire or promote staff
who has influence over the Board, provides support to the Board, or provides additional police
oversight in any capacity, it shall: include the Board in the interview process; seek input from the
Board; and provide the Board an opportunity to question potential hires. Likewise, if the City of
Charlottesville seeks to hire a new Chief of Police, it shall: include the Board in the interview
process; seek input from the Board; and provide the Board an opportunity to question potential
hires.
The Board shall have a representative serve on any Charlottesville police hiring panels and shall
serve on police promotion panels.
ADD BOARD INPUT FOR THE TRAINING OF STAFF?
ADD Board INPUT FOR AD HOC COMMISSIONS OR ABILITY TO CREATE AD HOC
COMMISSIONS?
Data Collection: the Board shall responsibly collect data and evidence. It shall consider the best
ways to make data regarding Charlottesville’s policing and public safety available to the public.
At any time, the Board may propose to City Council whether an independent contractor shall be
used to manage or analyze data.
14
The Board is a Data Partner of the CPD: The Board shall be a data partner to the CPD to help
review and provide input regarding data patterns, systems, and patterns.
Reporting:
Annual report: T he Chairperson (with substantial assistance of Staff) shall compile a
final report at the end of each year of work. The Annual Report serves as an update on all work
conducted by the Board. Specific reporting duties for Arm Leaders are listed among the powers,
duties, and functions of each Arm.
Interim Reports: Reports relating to policy recommendations, training

recommendations, Board business, cases reviewed, matters of significant public interest, or other
concerns may be issued throughout the year at any time. Reports will be submitted to City
Council, the CPD, and the public.
15
From: Galvin, Kathy
To: Council
Subject: Fwd: Information for our working session Wednesday.
Attachments: Police Civilian Oversight Packet for Council Meeting.pdf; ATT00001.htm
Dear Mayor Walker and Council,
I honestly don’t know how I could have missed this, but I have a previously scheduled engagement (set weeks
ago) on Wednesday night beginning at 7 pm, that I cannot get out of. Will this work session be recorded? My
apologies, but I simply don’t know how I let that conflict slip by me as the CRB is very important.
Many thanks.
Best,
Kathy
Kathleen M. Galvin, Architect AIA
Charlottesville City Councilor
Begin forwarded message:
Resent-From: <council@charlottesville.org>
From: Guillermo Ubilla <g@ubillafamily.net>
Date: April 15, 2019 at 1:30:42 PM EDT
To: Police Civilian Review Board <policecrb@charlottesville.org>,
<council@charlottesville.org>
Cc: Me Ubilla <g@ubillafamily.net>
City Councilors,
The CRB thought it would be helpful send you some information prior to our working session this
Wednesday night. In the attached packet is information we’d like to share and discuss with you on
Wednesday regarding police oversight and a preliminary draft of the bylaws as they stand now. I’ve asked
Matthew to have copies available on Wednesday.
Sincerely,
Guillermo

long term trends.
Executive Director
Staffed position




Director.


Investigators
needed, etc.
the CPD
Executive Director
Staffed position

the board

2 Police Auditor
Staff position

• Arrest data
Reporting:
Oversight Body.


Complaint Process


timeliness.

CPD conducts
Internal Affairs
investigation

board meeting.

CPD concludes
Internal Affairs
investigation and
informs Executive

Executive Director
Staffed position

its findings.

behalf of the CRB.
Police Auditor
Staff position

Budget Memo
Date: April
14, 2019
with them.
Findings

Summary
~$107,000-$180,000.
Additional Notes
employee).
jurisdiction:
Akron, OH 437 197,846 $80,000 $55,000,000.00
Albuquerque, NM 900 550,000 $1,000,090.00 $19,200,000.00
Austin, TX 1,900 900,000 $1,300,000.00 $442,000,000.00
Berkeley, CA 178 121,240 $722,180.00 $66,747,004.00
Cambridge, MA 288 110,651 $96,137.50 $55,191,025.00
Cincinnati, OH 1,074 301,301 $670,510.00 $146,601,670.00
Denver, CO 2,266 680,000 $1,616,911.00 $375,751,391.00
Detroit, MI 2,550 680,250 $3,682,410.00 $312,756,405.00
Fresno, CA 830 527,438 $268,100.00 $180,875,300.00
Indianapolis, IN 1,600 855,164 $266,000.00 $276,000,000.00
Kansas City, MO 1,340 488,943 $482,501 $223,279,980.00
Miami, FL 1,100 450,000 $1,170,000.00 $200,000,000.00
New Orleans, LA 1,216 393,292 $1,034,080.00 $179,744,771.00
Oakland, CA 780 450,000 $5,000,000.00 $290,000,000.00
Portland, OR 950 639,863 $2,095,887.00 $211,271,126.00
Richmond, CA 178 109,813 $553,000.00 $67,000,000.00
Riverside, CA 372 327,728 $271,746.00 $75,240,522.00
Rochester, NY 728 210,500 $145,500.00 $118,490,286.00
Roxbury, MA 2,000 59,626 $100,000.00 $90,500,000.00
Sacramento, CA 751 466,488 $339,838.00 $100,000.00
Saint Paul, MN 626 302,398 $4,483,517.00 $132,200,000.00
Salt Lake City, UT 501 375,000 $200,000.00 $111,581,970.00
Sarasota, FL. 160 56,601 $68,393.00 $181,000,000.00
Seattle, WA 1,376 686,800 $3,599,865.00 $34,619,453.00
Spokane, WA 316 215,973 $318,668.00 $330,922,012.00
St. Louis, MO 1,328 308,000 $319,000.00 $58,005,618.00
St. Petersburg, FL 600 300,000 $100,000.00 $30,304,303.00
Syracuse, NY 375 143,378 $140,077.00 $103,000,000.00
Syracuse, NY 290 468,463 $137,608.00 $47,400,535.00
Tucson, AZ 950 600,000 $301,950.00 $51,433,702.00
Washington DC 4,000 690,000 $2,400,000.00 $188,594,000.00
Fairfax, VA 1,434 1,148,433 $316,000.00 $540,000,000
AVERAGES: 980.229 416,886 $966,531 $162,337,846.03

I. NAME
Charlottesville.
II. MISSION
powerless;
and
III. DUTIES

1
organizing;
and/or legislation;
mediation;
statistics;
offer it annually.
2
Board reports;
1
3

for Board review.
members.
4
website.
its budget.
5
Chairperson.
6
and bylaws.
complaint;
V. MEETING & VOTING
7
required by FOIA.
§§ 2.2-3711-12.
the public.
period.

8

language.

9
10

investigation.
11
the CPD.
community input.
not be followed.
12
not be followed.
13

hires.
COMMISSIONS?
14
Reporting:

15
From: Signer, Mike
To: Galvin, Kathy; Council
Subject: Re: Information for our working session Wednesday.
All -- I just talked with Kyna as there is some confusion about this. Looking through my inbox, I see a message
from Heather about this, but it wasn't clear to me from the subject line that the email was about scheduling,
and I missed it. Since the beginning of this year, I have fixed conflicts due to my wife's schedule on Tuesday
and Wednesday nights that are preventing me from doing meetings those nights. These conflicts are on my
calendar. We only have five Councilors, though I know that the CRB also needs to try and get as many of its
folks there and it's complicated. At any rate, I could not have come on Wednesday night even when this was
being scheduled, and can't now. If two Councilors cannot come perhaps we should reschedule it. But I know
that's complicated with the CRB. I will also review the video like Kathy. My apologies and I will work with
Kyna to make sure we don't have these conflicts in the future.
Thanks,
Mike
-----
Mike Signer
City Council
City of Charlottesville
(434) 970-3113
A World-Class City
From: Galvin, Kathy

To: Council
Many thanks.
Best,
Kathy
City Councilors,
Sincerely,
Guillermo
From: Thomas, Kyna N
To: Signer, Mike; Galvin, Kathy; Council
Subject: RE: Information for our working session Wednesday.
Councilors, to my understanding, this meeting with CRB was set on this particular date to accommodate the most
people who could attend from CRB and Council according to the responses received. Ultimately we would like for all
Councilors to attend as many meetings as possible; however, there are standing conflicts on Tuesdays, Wednesdays and
Thursdays, and certain hours on Mondays and Fridays. This is certainly a barrier to getting all five Councilors in the same
place at the same time.
I know it is a little far away, but setting certain days and times of the week for having called meetings would be a topic to
discuss at the January organizational meeting.
KYNA THOMAS, CMC

434-970-3113
Clerk@charlottesville.org
From: Signer, Mike <msigner@charlottesville.org>

To: Galvin, Kathy <kgalvin@charlottesville.org>; Council <council@charlottesville.org>
Thanks,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City
From: Galvin, Kathy

To: Council
Many thanks.
Best,
Kathy
City Councilors,
Sincerely,
Guillermo
From: Walker, Nikuyah
To: Thomas, Kyna N; Signer, Mike; Galvin, Kathy; Council
Hi All-
This is the third or fourth time that Kyna has been blamed for your lack of oversight. Please remember that you all still
have a job to do as a councilmember and actively participate. It is clear that some of you are checked out and others are
overwhelmed, it is up to you- not Kyna- to remedy your personal matters and conflicts.
Blue Skies,
Nikuyah
From: Thomas, Kyna N <thomaskn@charlottesville.org>

To: Signer, Mike <msigner@charlottesville.org>; Galvin, Kathy <kgalvin@charlottesville.org>; Council
Councilors, to my understanding, this meeting with CRB was set on this particular date to accommodate the most
people who could attend from CRB and Council according to the responses received. Ultimately we would like for all
Councilors to attend as many meetings as possible; however, there are standing conflicts on Tuesdays, Wednesdays and
Thursdays, and certain hours on Mondays and Fridays. This is certainly a barrier to getting all five Councilors in the same
place at the same time.
I know it is a little far away, but setting certain days and times of the week for having called meetings would be a topic to
discuss at the January organizational meeting.
KYNA THOMAS, CMC

434-970-3113

Thanks,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City
From: Galvin, Kathy

To: Council
Many thanks.
Best,
Kathy
City Councilors,
Sincerely,
Guillermo
From: Signer, Mike
To: Walker, Nikuyah
CC: Thomas, Kyna N; Galvin, Kathy; Council
But I don’t think we should be scheduling meetings when councilors have prior conflicts that are clearly on our
calendars.... unless we are changing policy and scheduling meetings when a majority (but not all) of Council
can come. I am not clear on our policy now.
Sent from my iPhone
On Apr 15, 2019, at 5:47 PM, Walker, Nikuyah <nwalker@charlottesville.org> wrote:
Hi All-
This is the third or fourth time that Kyna has been blamed for your lack of oversight. Please remember
that you all still have a job to do as a councilmember and actively participate. It is clear that some of you
are checked out and others are overwhelmed, it is up to you- not Kyna- to remedy your personal
matters and conflicts.
Blue Skies,
Nikuyah
From: Thomas, Kyna N <thomaskn@charlottesville.org>

To: Signer, Mike <msigner@charlottesville.org>; Galvin, Kathy <kgalvin@charlottesville.org>; Council
Councilors, to my understanding, this meeting with CRB was set on this particular date to accommodate
the most people who could attend from CRB and Council according to the responses
received. Ultimately we would like for all Councilors to attend as many meetings as possible; however,
there are standing conflicts on Tuesdays, Wednesdays and Thursdays, and certain hours on Mondays
and Fridays. This is certainly a barrier to getting all five Councilors in the same place at the same time.
I know it is a little far away, but setting certain days and times of the week for having called meetings
would be a topic to discuss at the January organizational meeting.
KYNA THOMAS, CMC

434-970-3113

All -- I just talked with Kyna as there is some confusion about this. Looking through my inbox, I
see a message from Heather about this, but it wasn't clear to me from the subject line that the
email was about scheduling, and I missed it. Since the beginning of this year, I have fixed
conflicts due to my wife's schedule on Tuesday and Wednesday nights that are preventing me
from doing meetings those nights. These conflicts are on my calendar. We only have five
Councilors, though I know that the CRB also needs to try and get as many of its folks there and
it's complicated. At any rate, I could not have come on Wednesday night even when this was
being scheduled, and can't now. If two Councilors cannot come perhaps we should reschedule
it. But I know that's complicated with the CRB. I will also review the video like Kathy. My
apologies and I will work with Kyna to make sure we don't have these conflicts in the future.
Thanks,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City
From: Galvin, Kathy

To: Council
I honestly don’t know how I could have missed this, but I have a previously scheduled
engagement (set weeks ago) on Wednesday night beginning at 7 pm, that I cannot get out
of. Will this work session be recorded? My apologies, but I simply don’t know how I let that
conflict slip by me as the CRB is very important.
Many thanks.
Best,
Kathy
City Councilors,
The CRB thought it would be helpful send you some information prior to our working
session this Wednesday night. In the attached packet is information we’d like to share
and discuss with you on Wednesday regarding police oversight and a preliminary draft of
the bylaws as they stand now. I’ve asked Matthew to have copies available on
Wednesday.
Sincerely,
Guillermo
From: Murphy, Mike
Subject: Fw: Information for our working session Wednesday.
Attachments: Police Civilian Oversight Packet for Council Meeting.pdf
Please review. We need to discuss tomorrow and Mayor Walker is inclined for both of us to be present along
with Mr. Blair.
Mike
Michael C. Murphy
Interim City Manager
PO Box 911
Charlottesville, VA. 22902
Phone: (434) 970-3116
Cell: (434) 989-5515
murphym@charlottesville.org <mailto:murphym@charlottesville.org>

To: Police Civilian Review Board; Council
Cc: Ubilla, Guillermo
City Councilors,
The CRB thought it would be helpful send you some information prior to our working session this Wednesday night. In the
attached packet is information we’d like to share and discuss with you on Wednesday regarding police oversight and a
preliminary draft of the bylaws as they stand now. I’ve asked Matthew to have copies available on Wednesday.
Sincerely,
Guillermo

long term trends.
Executive Director
Staffed position




Director.


Investigators
needed, etc.
the CPD
Executive Director
Staffed position

the board

2 Police Auditor
Staff position

• Arrest data
Reporting:
Oversight Body.


Complaint Process


timeliness.

CPD conducts
Internal Affairs
investigation

board meeting.

CPD concludes
Internal Affairs
investigation and
informs Executive

Executive Director
Staffed position

its findings.

behalf of the CRB.
Police Auditor
Staff position

Budget Memo
Date: April
14, 2019
with them.
Findings

Summary
~$107,000-$180,000.
Additional Notes
employee).
jurisdiction:
Akron, OH 437 197,846 $80,000 $55,000,000.00
Albuquerque, NM 900 550,000 $1,000,090.00 $19,200,000.00
Austin, TX 1,900 900,000 $1,300,000.00 $442,000,000.00
Berkeley, CA 178 121,240 $722,180.00 $66,747,004.00
Cambridge, MA 288 110,651 $96,137.50 $55,191,025.00
Cincinnati, OH 1,074 301,301 $670,510.00 $146,601,670.00
Denver, CO 2,266 680,000 $1,616,911.00 $375,751,391.00
Detroit, MI 2,550 680,250 $3,682,410.00 $312,756,405.00
Fresno, CA 830 527,438 $268,100.00 $180,875,300.00
Indianapolis, IN 1,600 855,164 $266,000.00 $276,000,000.00
Kansas City, MO 1,340 488,943 $482,501 $223,279,980.00
Miami, FL 1,100 450,000 $1,170,000.00 $200,000,000.00
New Orleans, LA 1,216 393,292 $1,034,080.00 $179,744,771.00
Oakland, CA 780 450,000 $5,000,000.00 $290,000,000.00
Portland, OR 950 639,863 $2,095,887.00 $211,271,126.00
Richmond, CA 178 109,813 $553,000.00 $67,000,000.00
Riverside, CA 372 327,728 $271,746.00 $75,240,522.00
Rochester, NY 728 210,500 $145,500.00 $118,490,286.00
Roxbury, MA 2,000 59,626 $100,000.00 $90,500,000.00
Sacramento, CA 751 466,488 $339,838.00 $100,000.00
Saint Paul, MN 626 302,398 $4,483,517.00 $132,200,000.00
Salt Lake City, UT 501 375,000 $200,000.00 $111,581,970.00
Sarasota, FL. 160 56,601 $68,393.00 $181,000,000.00
Seattle, WA 1,376 686,800 $3,599,865.00 $34,619,453.00
Spokane, WA 316 215,973 $318,668.00 $330,922,012.00
St. Louis, MO 1,328 308,000 $319,000.00 $58,005,618.00
St. Petersburg, FL 600 300,000 $100,000.00 $30,304,303.00
Syracuse, NY 375 143,378 $140,077.00 $103,000,000.00
Syracuse, NY 290 468,463 $137,608.00 $47,400,535.00
Tucson, AZ 950 600,000 $301,950.00 $51,433,702.00
Washington DC 4,000 690,000 $2,400,000.00 $188,594,000.00
Fairfax, VA 1,434 1,148,433 $316,000.00 $540,000,000
AVERAGES: 980.229 416,886 $966,531 $162,337,846.03

I. NAME
Charlottesville.
II. MISSION
powerless;
and
III. DUTIES

1
organizing;
and/or legislation;
mediation;
statistics;
offer it annually.
2
Board reports;
1
3

for Board review.
members.
4
website.
its budget.
5
Chairperson.
6
and bylaws.
complaint;
V. MEETING & VOTING
7
required by FOIA.
§§ 2.2-3711-12.
the public.
period.

8

language.

9
10

investigation.
11
the CPD.
community input.
not be followed.
12
not be followed.
13

hires.
COMMISSIONS?
14
Reporting:

15
From: Signer, Mike
To: Ubilla, Guillermo
CC: Police Civilian Review Board; Council
Dear CRB - I am sorry to say that this meeting tomorrow night was inadvertently scheduled when I have a
conflict this semester, as my wife teaches on Wednesday nights and I am responsible for taking care of our
boys. I will read all the materials closely and follow the discussion however I am able to and of course confer
with my colleagues afterward. Please don’t hesitate to let me know if I can be helpful and I am happy to meet
separately.
Thanks and my apologies again,
Mike
Sent from my iPhone
On Apr 15, 2019, at 1:31 PM, Guillermo Ubilla <g@ubillafamily.net> wrote:
City Councilors,
Sincerely,
Guillermo
<Police Civilian Oversight Packet for Council Meeting.pdf>

From: Beard, Gloria
To: Ubilla, Guillermo; Signer, Mike
CC: Police Civilian Review Board; Council
Thank you for letting us know.
On Tuesday, April 16, 2019, 7:41:25 PM EDT, Signer, Mike <msigner@charlottesville.org> wrote:
Dear CRB - I am sorry to say that this meeting tomorrow night was inadvertently scheduled when I have a conflict this
semester, as my wife teaches on Wednesday nights and I am responsible for taking care of our boys. I will read all the
materials closely and follow the discussion however I am able to and of course confer with my colleagues
afterward. Please don’t hesitate to let me know if I can be helpful and I am happy to meet separately.
Mike
Sent from my iPhone
City Councilors,
Sincerely,
Guillermo

From: Rice Joe
Sent: Wednesday, April 17, 2019 11:18 AM
CC: Hawn, Tyler; Murphy, Mike; Wheeler, Brian; Parks, Lachen; Murphy, Matthew; Thomas, Kyna N
Subject: Re: Live Streaming tonight's Council Meeting
Chief - For tonight's CRB/Council joint meeting we will be both live streaming and broadcasting to TV10.
The streams will be posted on the City's website at our streaming portal and to our cvilletv10 facebook page.
We can share the facebook live stream to the CPD facebook page if that interest you.
Let me know if you have any other questions or concerns.
Best,
JOE RICE
Deputy Director of Communications
City of Charlottesville Office of Communications
605 E. Main Street
c 434-409-8226
o 434-970-3707

To: Rice Joe
Cc: Hawn, Tyler; Murphy, Mike
Subject: Live Streaming tonight's Council Meeting
Good afternoon Joe,

As tonight’s meeting is a noticed Council meeting, are we going to Livestream it?
All the best,
Chief B

Chief of Police
Office: 434-970-3288
To: Rice Joe
CC: Hawn, Tyler; Murphy, Mike; Wheeler, Brian; Parks, Lachen; Murphy, Matthew; Thomas, Kyna N
Subject: RE: Live Streaming tonight's Council Meeting
Thanks! I appreciate you.

Chief of Police
Office: 434-970-3288
From: Rice Joe

Cc: Hawn, Tyler <hawnto@charlottesville.org>; Murphy, Mike <murphym@charlottesville.org>; Wheeler, Brian
<wheelerb@charlottesville.org>; Parks, Lachen <parksl@charlottesville.org>; Murphy, Matthew
<murphyma@charlottesville.org>; Thomas, Kyna N <thomaskn@charlottesville.org>
Subject: Re: Live Streaming tonight's Council Meeting
Chief - For tonight's CRB/Council joint meeting we will be both live streaming and broadcasting to TV10.
The streams will be posted on the City's website at our streaming portal and to our cvilletv10 facebook page.
We can share the facebook live stream to the CPD facebook page if that interest you.
Let me know if you have any other questions or concerns.
Best,
JOE RICE
Deputy Director of Communications
City of Charlottesville Office of Communications
605 E. Main Street
c 434-409-8226
o 434-970-3707

To: Rice Joe
Cc: Hawn, Tyler; Murphy, Mike
Subject: Live Streaming tonight's Council Meeting
Good afternoon Joe,

As tonight’s meeting is a noticed Council meeting, are we going to Livestream it?
All the best,
Chief B
Chief of Police
Office: 434-970-3288
From: Burke, Sarah
Sent: Thursday, April 18, 2019 8:29 AM
To: Signer, Mike
CC: Council; Police Civilian Review Board; Ubilla, Guillermo
Hi Mike,
We just sent a similar email to Kathy, who was also unable to attend last night. Let’s arrange a time when we
can meet up (1 or 2 of us) with you so that we can share our work and progress with you. We are under a tight
deadline, so can you propose some dates and times in the next few days? Thanks.
Best,
Sarah
On W
On Tue, Apr 16, 2019 at 7:41 PM Signer, Mike <msigner@charlottesville.org> wrote:
separately.
Mike
Sent from my iPhone
City Councilors,
Wednesday regarding police oversight and a preliminary draft of the bylaws as they stand now. I’ve
asked Matthew to have copies available on Wednesday.
Sincerely,
Guillermo

From: Hill, Heather
To: Murphy, Mike; Pollak, Teresa
Subject: Scheduling Meeting Re. CRB Proposal
Mike, Teresa,
As we prepare for a group of us to convene in the next week as a follow up to last night's work session with
the CRB, I just wanted to relay that have gone through my calendar through next week and have confirmed
that anything that is not flexible is reflected in Outlook.
Sincerely,
Heather
Heather D. Hill | Vice Mayor, City of Charlottesville | hhill@charlottesville.org

From: Pollak, Teresa
To: Murphy, Mike
Subject: CRB
Mike,
This meeting that I need to schedule, how quickly does it need to be scheduled and for how long?
Thanks,
Teresa R. Pollak
Administrative Assistant
City Manager’s Office
PO Box 911
605 E. Main Street
434-970-3104
pollakt@charlottesville.org
From: Murphy, Mike
To: Pollak, Teresa
Subject: Re: CRB
Ideally an hour and asap
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515

To: Murphy, Mike
Subject: CRB
Mike,
Thanks,
Teresa R. Pollak
PO Box 911
605 E. Main Street
434-970-3104
From: Signer, Mike
To: Burke, Sarah
CC: Council; Police Civilian Review Board; Ubilla, Guillermo; Thomas, Kyna N
Sarah, thanks. Next Wednesday between 12 and 5 would be good for me. Including Kyna in our office who
keeps our schedule.
Thanks again,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City
From: Sarah Burke <sarahjaneva@gmail.com>

To: Signer, Mike
Cc: Council; Police Civilian Review Board; Ubilla, Guillermo
Hi Mike,
Best,
Sarah
On W
separately.
Mike
Sent from my iPhone

City Councilors,
Sincerely,
Guillermo

From: Burke, Sarah
To: Signer, Mike
CC: Council; Police Civilian Review Board; Thomas, Kyna N; Ubilla, Guillermo
Perhaps Kathy could meet somewhere in that window as well? Then we could meet with both of you at the
same time.
On Thu, Apr 18, 2019 at 10:55 AM Signer, Mike <msigner@charlottesville.org> wrote:

keeps our schedule.
Thanks again,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City

To: Signer, Mike
Hi Mike,
Best,
Sarah
On W
separately.
Mike
Sent from my iPhone
City Councilors,
Sincerely,
Guillermo

To: Murphy, Mike
Subject: RE: CRB
The first time I can get you all in a room (possibly the Mayor) is lunchtime on 4/25
From: Murphy, Mike <murphym@charlottesville.org>

To: Pollak, Teresa <pollakt@charlottesville.org>
Subject: Re: CRB
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515

To: Murphy, Mike
Subject: CRB
Mike,
Thanks,
Teresa R. Pollak
PO Box 911
605 E. Main Street
434-970-3104
From: Murphy, Mike
To: Pollak, Teresa
Subject: Re: CRB
OK contact her and Heather directly to see if they can do it
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515

To: Murphy, Mike
Subject: RE: CRB
The first time I can get you all in a room (possibly the Mayor) is lunchtime on 4/25
From: Murphy, Mike <murphym@charlottesville.org>

To: Pollak, Teresa <pollakt@charlottesville.org>
Subject: Re: CRB
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515

To: Murphy, Mike
Subject: CRB
Mike,
Thanks,
Teresa R. Pollak
PO Box 911
605 E. Main Street
434-970-3104
Subject: CRB
Location:Conference Room City Hall 2nd Floor
Start:4/30/2019 4:00 PM
End:4/30/2019 5:00 PM
Show Time As:Tentative
Recurrence:(none)
Meeting Status:Not yet responded
Organizer:Conference Room City Hall 2nd Floor

Required Attendees:Murphy, Mike; Blair, John C; Hill, Heather; Walker, Nikuyah; Brackney, RaShall
Resources:Conference Room City Hall 2nd Floor
Subject: Accepted: CRB
Start:4/30/2019 4:00 PM
End:4/30/2019 5:00 PM
Recurrence:(none)
Meeting Status:Received
Organizer:Murphy, Mike
Required Attendees:Conference Room City Hall 2nd Floor
Subject: CRB
Start:4/23/2019 4:00 PM
End:4/23/2019 5:00 PM
Show Time As:Tentative
Recurrence:(none)
Meeting Status:Not yet responded
Organizer:Conference Room City Hall 2nd Floor

Required Attendees:Murphy, Mike; Blair, John C; Hill, Heather; Walker, Nikuyah; Brackney, RaShall
Optional Attendees:Danforth Hill, Heather
Start:4/23/2019 4:00 PM
End:4/23/2019 5:00 PM
Recurrence:(none)
Start:4/23/2019 4:00 PM
End:4/23/2019 5:00 PM
Recurrence:(none)
From: Murphy, Mike
Sent: Friday, April 19, 2019 12:27 PM
To: Walker, Nikuyah; Dimock, Kaki
Subject: Discussion of Peer Resource positions
Mayor Walker,
Kaki and I can meet with you at 5:00 on Tuesday 4/23 after the meeting I have with you re: CRB. Please let me
know if this works. If not, I will give you some options the week of 4/29.
All the best,
Mike
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515
From: Burke, Sarah
Sent: Tuesday, April 23, 2019 9:06 AM
To: Signer, Mike
CC: Council; Police Civilian Review Board; Thomas, Kyna N; Ubilla, Guillermo
Kathy, would tomorrow between noon and 5 work for you to meet with me and Mike?
Sarah
On Thu, Apr 18, 2019 at 10:58 AM Sarah Burke <sarahjaneva@gmail.com> wrote:

Perhaps Kathy could meet somewhere in that window as well? Then we could meet with both of you at the
same time.

keeps our schedule.
Thanks again,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City

To: Signer, Mike
Hi Mike,
Best,
Sarah
On W
boys. I will read all the materials closely and follow the discussion however I am able to and of course
confer with my colleagues afterward. Please don’t hesitate to let me know if I can be helpful and I am happy
to meet separately.
Mike
Sent from my iPhone
City Councilors,
Sincerely,
Guillermo

From: Galvin, Kathy
To: Burke, Sarah
CC: Signer, Mike; Council; Police Civilian Review Board; Thomas, Kyna N; Ubilla, Guillermo
Hello Sarah,
Sorry for the delay, plus I was in a cycling accident yesterday that has rattled me a bit. I should be fine by
tomorrow. My window tomorrow 4/24 is between 12-3 :30 pm. Thanks for working me and Mike in!
Best,
Kathy
On Apr 23, 2019, at 9:06 AM, Sarah Burke <sarahjaneva@gmail.com> wrote:
Sarah

Perhaps Kathy could meet somewhere in that window as well? Then we could meet with both
of you at the same time.

Sarah, thanks. Next Wednesday between 12 and 5 would be good for me. Including Kyna in
our office who keeps our schedule.
Thanks again,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City

To: Signer, Mike
Hi Mike,
We just sent a similar email to Kathy, who was also unable to attend last night. Let’s arrange a
time when we can meet up (1 or 2 of us) with you so that we can share our work and progress
with you. We are under a tight deadline, so can you propose some dates and times in the next
few days? Thanks.
Best,
Sarah
On W
Dear CRB - I am sorry to say that this meeting tomorrow night was inadvertently scheduled
when I have a conflict this semester, as my wife teaches on Wednesday nights and I am
responsible for taking care of our boys. I will read all the materials closely and follow the
discussion however I am able to and of course confer with my colleagues afterward. Please
don’t hesitate to let me know if I can be helpful and I am happy to meet separately.
Mike
Sent from my iPhone
City Councilors,
session this Wednesday night. In the attached packet is information we’d like to share
and discuss with you on Wednesday regarding police oversight and a preliminary draft
of the bylaws as they stand now. I’ve asked Matthew to have copies available on
Wednesday.
Sincerely,
Guillermo

From: Burke, Sarah
To: Galvin, Kathy
CC: Council; Police Civilian Review Board; Signer, Mike; Thomas, Kyna N; Ubilla, Guillermo
Great. And sorry to hear about your accident! Kyna, I know Mike said you do their scheduling. Is there a time
tomorrow between 12 and 5 when we could meet?
On Tue, Apr 23, 2019 at 9:35 AM Galvin, Kathy <kgalvin@charlottesville.org> wrote:

Hello Sarah,
Sorry for the delay, plus I was in a cycling accident yesterday that has rattled me a bit. I should be fine by
tomorrow. My window tomorrow 4/24 is between 12-3 :30 pm. Thanks for working me and Mike in!
Best,
Kathy
On Apr 23, 2019, at 9:06 AM, Sarah Burke <sarahjaneva@gmail.com> wrote:
Sarah

Perhaps Kathy could meet somewhere in that window as well? Then we could meet with both
of you at the same time.

Sarah, thanks. Next Wednesday between 12 and 5 would be good for me. Including Kyna in
our office who keeps our schedule.
Thanks again,
Mike
-----
Mike Signer
City Council
(434) 970-3113
A World-Class City

To: Signer, Mike
Hi Mike,
We just sent a similar email to Kathy, who was also unable to attend last night. Let’s arrange
a time when we can meet up (1 or 2 of us) with you so that we can share our work and
progress with you. We are under a tight deadline, so can you propose some dates and times in
the next few days? Thanks.
Best,
Sarah
On W
Dear CRB - I am sorry to say that this meeting tomorrow night was inadvertently scheduled
when I have a conflict this semester, as my wife teaches on Wednesday nights and I am
responsible for taking care of our boys. I will read all the materials closely and follow the
discussion however I am able to and of course confer with my colleagues afterward. Please
don’t hesitate to let me know if I can be helpful and I am happy to meet separately.
Mike
Sent from my iPhone
City Councilors,
session this Wednesday night. In the attached packet is information we’d like to
share and discuss with you on Wednesday regarding police oversight and a
preliminary draft of the bylaws as they stand now. I’ve asked Matthew to have copies
available on Wednesday.
Sincerely,
Guillermo

From: Burke, Sarah
To: Council; Police Civilian Review Board
Subject: CRB update and questions
City Council and CRB,

At this point, the CRB has met with all City Council members to discuss our Police Oversight model. I wanted
to thank you all for your time and your thoughtful questions about our proposal. In last week's meeting, Mr.
Bellamy requested feedback from both LAJC and the Chief of Police. Have you received anything from either
of them? We have not. (Nor have we reached out to either of them requesting this information since it was
Council's request.) Let us know when you expect we will receive that valuable feedback.
Here is an update on our progress based on some of your questions: we are currently working with John Blair to
re-work our drafted "bylaws" so that we have the appropriate language in (1) a suggested ordinance as well as
(2) in the Board's bylaws. We plan to have the to you by the end of our Terms (early June). By that date, we
also will provide you with a report that includes the operational information including: organizational
structure(s), budgetary needs, staff descriptions, possible iterative steps that Council could take to get this
process started, etc. We hope that this supplementary Report can serve as an operational starting point until staff
is in place to develop and monitor all internal procedures and policies.
We also look forward to hearing your feedback and questions. If you can provide feedback or questions to us
based on our current proposal within the next week or so, that would be helpful for us moving forward, given
our tight deadline (approximately 6 weeks). If one week is not enough time, please just let us know when we
can expect more robust feedback from you.
And last but not least, with regard to the timeline, we discussed in our meeting last night that this process may
take longer than some of us initially envisioned. Presuming we get our materials to you by the beginning of
June (the end of our terms), we know it will take some time for you to work through out proposal, discuss it
with us, get an ordinance on the schedule and get it passed, pass a resolution for bylaws, etc. We are wondering
if you can give us a sense of how long you expect that process may take. We are committed to finishing our
work; we do not want to get 95% of the way there. However, we have also scheduled our professional,
volunteer, and family lives around our terms ending within the next few weeks. Therefore, it would be helpful
for us to have a sense from Council whether you foresee extending our terms beyond early June and, if so, for
how long. We anticipate that by June, we would have done the bulk of the work and that--after that point--we
would be serving an advisory role as Council gets the operational process in place.
Best regards and thanks for your time,

Sarah
From: Bowers, Josh
To: Council; Police Civilian Review Board; Blair, John C; Murphy, Mike
Subject: Follow-up on our joint session
Dear City Council,
On behalf of the CRB, I want to echo Sarah's email thanking you for taking the time to discuss our proposed oversight
model last Wednesday and today. We appreciate your engagement and thoughtful feedback. And we look forward to
continuing the dialogue.
We heard that one of your concerns is our proposal to staff the board with a full-time executive director. (This concern
was also discussed today between Sarah, Mike, and Kathy in their meeting.) We understand your concerns, but we want
to take this opportunity to emphasize why we think the position is not only important, but critical to our work.
You wondered whether there are, currently, enough civilian complaints to justify hiring an executive director. We
believe that is the wrong metric. Although we do believe that complaints will increase with the creation of an oversight
mechanism, we also feel strongly that an executive director must do more than just process complaints. The executive
director would respond to the community’s need for a robust board. The arrest data recently released by CPD indicate
that, over the past five years (through the tenures of three Police Chiefs), black residents in Charlottesville were almost
five time more likely to be arrested than white residents. Stop and Frisk data reveal similar patterns. These data reflect
systemic racism which, as you know, greatly affects our community (in particular, our residents of color). As a call to
address this, the people of Charlottesville rightly demanded a robust civilian-driven oversight model. The people of
Charlottesville want to see civilians engaged in this process, and we support that. However, community members who
engage in this work require significant support, training, and procedural guidance to do their jobs effectively.
To that end, we want to emphasize that processing complaints would only be one facet of an executive director’s
work. She would also organize board operations and develop and administer procedures and policies to ensure the CRB
is able to provide appropriate oversight. This work is not only technical in nature, but also time consuming. It entails a
level of expertise and management skills that would otherwise be left to City Council and staff. It is simply too much and
too hard to expect a volunteer board to provide this organizational and operational expertise on its own. Just this year,
many of us have been overwhelmed by our efforts. Moving forward, a fully functioning will be tasked with much more
work (and for multi-year terms), if they are to respond adequately to the community’s needs.
As we see it, one of the most time-consuming tasks is community engagement. Already, we’ve wrestled with the
administrative difficulties of organizing community events. It is a heavy lift, but these events need to happen. For an
oversight board to be responsive to popular will, public dialogue is required. It would be malpractice to simply expect
the community to come to the board’s meetings; the board must go to the community. We firmly believe that this kind
of outreach could be a full-time job on its own.
And there’s more. The executive director would provide a necessary measure of quality control. We recognize that you
are concerned about the ability of a lay board to comply with state and municipal law and policy. We think that concern
is fair. But please recognize that the executive director would serve as a kind of in-house resource for the board. She
would organize the trainings necessary to ensure that board members avoid trouble—for themselves and the city. This
board will be dealing with highly sensitive material, CPD files, and personnel information. It needs significant staff
support (along with legal counsel) to do this job properly.
Returning, finally, to the intake and processing of complaints: we think there are aspects of this work that should not be
left to a lay board, operating alone. The work consists of much more than filling out forms—much more than rote
compliance with set procedures. As we have learned firsthand this year, when people come to us with complaints about
police misconduct, they are scared, frustrated, and confused. Many have suffered trauma. These exchanges demand
time, patience, and expertise. For a board to do right by these community members, it demands an intake coordinator
who is prepared to listen and to respond. The executive director would fulfill this role. She needs to be an expert who
knows police processes inside and out, so she can thoroughly answer the complainant’s questions. Also, she needs to
have trauma-informed skills, so she can engage compassionately. These exchanges are emotionally fraught. It is not
enough to simply hope that a group of board members might accomplish all of this in their volunteer time. (This is
coupled with the need for a staffed space where these exchanges can happen. It is not feasible that a lay board would
be able to devote the time necessary to staff that space.)
This is all to say that we are firmly of a mind that the executive director position is foundational and fundamental to our
mission (along with the likewise-critical position of independent police auditor). In the short term, it might be possible
(though we are skeptical) for the executive director to be staffed as a part-time position. But it is a position that must be
a part of this board.
If you have additional questions about this or another matter, we are happy to talk. Thank you for your time and
attention.
All the best,
Josh
Josh Bowers
Professor of Law
University of Virginia School of Law
580 Massie Rd.
Charlottesville, VA 22903-1738
Email: bowers@virginia.edu
Tel: 434.924.3771
Fax: 434.924.7536
From: Murphy, Mike
Subject: Fwd: Follow-up on our joint session
FYI
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515
murphym@charlottesville.org
From: Josh Bowers <bowers@law.virginia.edu>

Sent: Wednesday, April 24, 2019 8:15:37 PM
To: Council; Police Civilian Review Board; Blair, John C; Murphy, Mike
Subject: Follow-up on our joint session
Dear City Council,
On behalf of the CRB, I want to echo Sarah's email thanking you for taking the time to discuss our proposed oversight
model last Wednesday and today. We appreciate your engagement and thoughtful feedback. And we look forward to
continuing the dialogue.
We heard that one of your concerns is our proposal to staff the board with a full-time executive director. (This concern
was also discussed today between Sarah, Mike, and Kathy in their meeting.) We understand your concerns, but we want
to take this opportunity to emphasize why we think the position is not only important, but critical to our work.
You wondered whether there are, currently, enough civilian complaints to justify hiring an executive director. We
believe that is the wrong metric. Although we do believe that complaints will increase with the creation of an oversight
mechanism, we also feel strongly that an executive director must do more than just process complaints. The executive
director would respond to the community’s need for a robust board. The arrest data recently released by CPD indicate
that, over the past five years (through the tenures of three Police Chiefs), black residents in Charlottesville were almost
five time more likely to be arrested than white residents. Stop and Frisk data reveal similar patterns. These data reflect
systemic racism which, as you know, greatly affects our community (in particular, our residents of color). As a call to
address this, the people of Charlottesville rightly demanded a robust civilian-driven oversight model. The people of
Charlottesville want to see civilians engaged in this process, and we support that. However, community members who
engage in this work require significant support, training, and procedural guidance to do their jobs effectively.
To that end, we want to emphasize that processing complaints would only be one facet of an executive director’s
work. She would also organize board operations and develop and administer procedures and policies to ensure the CRB
is able to provide appropriate oversight. This work is not only technical in nature, but also time consuming. It entails a
level of expertise and management skills that would otherwise be left to City Council and staff. It is simply too much and
too hard to expect a volunteer board to provide this organizational and operational expertise on its own. Just this year,
many of us have been overwhelmed by our efforts. Moving forward, a fully functioning will be tasked with much more
work (and for multi-year terms), if they are to respond adequately to the community’s needs.
As we see it, one of the most time-consuming tasks is community engagement. Already, we’ve wrestled with the
administrative difficulties of organizing community events. It is a heavy lift, but these events need to happen. For an
oversight board to be responsive to popular will, public dialogue is required. It would be malpractice to simply expect
the community to come to the board’s meetings; the board must go to the community. We firmly believe that this kind
of outreach could be a full-time job on its own.
And there’s more. The executive director would provide a necessary measure of quality control. We recognize that you
are concerned about the ability of a lay board to comply with state and municipal law and policy. We think that concern
is fair. But please recognize that the executive director would serve as a kind of in-house resource for the board. She
would organize the trainings necessary to ensure that board members avoid trouble—for themselves and the city. This
board will be dealing with highly sensitive material, CPD files, and personnel information. It needs significant staff
support (along with legal counsel) to do this job properly.
Returning, finally, to the intake and processing of complaints: we think there are aspects of this work that should not be
left to a lay board, operating alone. The work consists of much more than filling out forms—much more than rote
compliance with set procedures. As we have learned firsthand this year, when people come to us with complaints about
police misconduct, they are scared, frustrated, and confused. Many have suffered trauma. These exchanges demand
time, patience, and expertise. For a board to do right by these community members, it demands an intake coordinator
who is prepared to listen and to respond. The executive director would fulfill this role. She needs to be an expert who
knows police processes inside and out, so she can thoroughly answer the complainant’s questions. Also, she needs to
have trauma-informed skills, so she can engage compassionately. These exchanges are emotionally fraught. It is not
enough to simply hope that a group of board members might accomplish all of this in their volunteer time. (This is
coupled with the need for a staffed space where these exchanges can happen. It is not feasible that a lay board would
be able to devote the time necessary to staff that space.)
This is all to say that we are firmly of a mind that the executive director position is foundational and fundamental to our
mission (along with the likewise-critical position of independent police auditor). In the short term, it might be possible
(though we are skeptical) for the executive director to be staffed as a part-time position. But it is a position that must be
a part of this board.
If you have additional questions about this or another matter, we are happy to talk. Thank you for your time and
attention.
All the best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Murphy, Mike
Subject: Fwd: CRB update and questions
FYI
Michael C. Murphy
PO Box 911
Phone: (434) 970-3116
Cell: (434) 989-5515
murphym@charlottesville.org


Here is an update on our progress based on some of your questions: we are currently working with John Blair to
re-work our drafted "bylaws" so that we have the appropriate language in (1) a suggested ordinance as well as
(2) in the Board's bylaws. We plan to have the to you by the end of our Terms (early June). By that date, we
process started, etc. We hope that this supplementary Report can serve as an operational starting point until staff
is in place to develop and monitor all internal procedures and policies.
with us, get an ordinance on the schedule and get it passed, pass a resolution for bylaws, etc. We are wondering
if you can give us a sense of how long you expect that process may take. We are committed to finishing our
work; we do not want to get 95% of the way there. However, we have also scheduled our professional,
volunteer, and family lives around our terms ending within the next few weeks. Therefore, it would be helpful
for us to have a sense from Council whether you foresee extending our terms beyond early June and, if so, for
how long. We anticipate that by June, we would have done the bulk of the work and that--after that point--we
would be serving an advisory role as Council gets the operational process in place.
Sarah

At this point, the CRB has met with all City Council members to discuss our Police Oversight model. I wanted to
thank you all for your time and your thoughtful questions about our proposal. In last week's meeting, Mr.
Bellamy requested feedback from both LAJC and the Chief of Police. Have you received anything from either of
them? We have not. (Nor have we reached out to either of them requesting this information since it was
Here is an update on our progress based on some of your questions: we are currently working with John Blair
to re-work our drafted "bylaws" so that we have the appropriate language in (1) a suggested ordinance as well
as (2) in the Board's bylaws. We plan to have the to you by the end of our Terms (early June). By that date, we
process started, etc. We hope that this supplementary Report can serve as an operational starting point until
staff is in place to develop and monitor all internal procedures and policies.
with us, get an ordinance on the schedule and get it passed, pass a resolution for bylaws, etc. We are
wondering if you can give us a sense of how long you expect that process may take. We are committed to
finishing our work; we do not want to get 95% of the way there. However, we have also scheduled our
professional, volunteer, and family lives around our terms ending within the next few weeks. Therefore, it
would be helpful for us to have a sense from Council whether you foresee extending our terms beyond early
June and, if so, for how long. We anticipate that by June, we would have done the bulk of the work and that--
after that point--we would be serving an advisory role as Council gets the operational process in place.

Sarah
From: FOIA
To: Council; Police Civilian Review Board; Brackney, RaShall; Downey, Jessica
CC: Hawn, Tyler
Subject: Fw: FOIA
We have received a new FOIA request from the Daily Progress seeking emails sent in 2019 between the
following groups:
1. Chief Brackney and/or Jessica Downey and CRB members

2. Chief Brackney and/or Jessica Downey and City Council
3. Council and CRB members
NOTES: The Police CRB Archive mailbox will include any messages sent to policecrb@charlottesville.org and I
can gather any of those that match the criteria above. So if you sent a message to the "Police Civilian Review
Board" distribution list, I already have it, no need to send it to me. While included in request below, I'll note
Don Gathers left the Board January 9, 2019 and Juan Gonzalez left in 2018. I will point that out to the
newspaper.
Please send any other responsive records to FOIA@charlottesville.org.
Our initial response as an organization is due Wednesday, May 1, 2019. I would appreciate receiving as many
of your messages as possible by April 30 so they can be assembled.
If you have any questions, please don't hesitate to call me.
Brian
BRIAN WHEELER
FOIA Officer & Director of Communications
605 E. Main St.
434-970-3129
foia@charlottesville.org
www.charlottesville.org/foia
From: Stout, Nolan <nstout@dailyprogress.com>

To: FOIA; Wheeler, Brian
Subject: FOIA
Nolan Stout
The Daily Progress
685 W. Rio Road
Charlottesville, Va. 22901
April 24, 2019,
Dear Mr. Wheeler,
This is a request under the Virginia Freedom of Information Act, Virginia Code Section 2.2-3700 and following.
I request access to and copies of the following:
Emails between Jan. 1 and April 24, 2019, between Police Chief RaShall Brackney and/or Jessica Downey and
any individual or group of the following people:
-Gloria Beard, Josh (or Joshua) Bowers, Sarah Burke, Don Gathers, Juan Gonzalez, Rosia Parker, Katrina Turner,
Guillermo Ubilla and the email address policecrb@charlottesville.org.
AND
-Heather Hill, Nikuyah Walker, Mike Signer, Kathy Galvin and Wes Bellamy
?
AND
Emails between Jan. 1 and April 24, 2019, between any individual or group of Heather Hill, Nikuyah Walker,
Mike Signer, Kathy Galvin and Wes Bellamy and any individual or group of the following people:
Guillermo Ubilla and/or the email address policecrb@charlottesville.org.
If you determine that only portions of a file are exempted from release, I request that I be provided with all
non-exempt portions.
I reserve my right to object to any withholding or deletion of information.
Please provide an estimate of costs prior to meeting my request.
If you have any questions concerning this request, I may be reached during normal business hours at 919-548-
6120.
I look forward to your response within five days as provided by the Act.?
Nolan Stout
City Reporter
The Daily Progress
685 West Rio Road
direct (434) 978-7274 | mobile (919) 548-6120
nstout@dailyprogress.com <mailto:nstout@dailyprogress.com> |
www.dailyprogress.com<http://www.dailyprogress.com/>
From: Wheeler, Brian
To: Walker, Nikuyah
CC: Thomas, Kyna N; Murphy, Mike
Subject: Re: Checking in for comment
Mayor Walker - We will soon have Chief Brackney’s draft and then I will send it to you for your feedback and comment.
We hope to get this out this morning.
Brian
Brian Wheeler
Director of Communications
434-970-3129

To: Wheeler, Brian
Cc: Thomas, Kyna N
Subject: Re: Checking in for comment
Hi Brian:
When is the deadline? I’m trying to catch a flight that leaves shortly.
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Charlottesville, Va 22902
Phone: (434)326-8780
Clerk of Council - Kyna Thomas: (434)970-3113
Your World ~Georgia Douglas Johnson

Your world is as big as you make it.
I know, for I used to abide
In the narrowest nest in a corner,
My wings pressing close to my side.
But I sighted the distant horizon

Where the skyline encircled the sea
And I throbbed with a burning desire
To travel this immensity.
I battered the cordons around me

And cradled my wings on the breeze,
Then soared to the uttermost reaches
With rapture, with power, with ease!
On Apr 24, 2019, at 1:52 PM, Wheeler, Brian <wheelerb@charlottesville.org> wrote:

Mayor Walker – Mike Murphy asked me to check in with you regarding a comment to be
included in a statement being drafted by Chief Brackney regarding the CRB. I believed
you have been briefed on this matter, but if not, please call me or let me know when a
good time would be to call you to discuss.
Brian
BRIAN WHEELER
605 E. Main St.
c 434-260-2433
o 434-970-3129
wheelerb@charlottesville.org
From: Hill, Heather
Sent: Thursday, April 25, 2019 12:03 PM
To: Police Civilian Review Board
CC: Council
Subject: Re: CRB update and questions
Civilian Review Board,
First and foremost, thank you for the time and energy you have put into this process over many months and,
more recently, in the last week accommodating meetings to ensure that all members of Council have been
debriefed on your work to date. Regarding feedback from LAJC and CPD, Council has not received anything
to date, however the Council can follow up with these entities to determine any intentions to provide feedback
at this juncture given Dr. Bellamy made this request.
Thank you for the update on the progress based on some of the questions raised, including your current efforts
to rework deliverables such that language is appropriately allocated to both a draft ordinance and draft
bylaws. Council is proposing that these deliverables, along with the report you mentioned (that will encompass
organizational structure, budget, staff, iterative steps, etc.), be presented during one of our June meetings. This
timing will align with the conclusion of the majority of the Board's terms. From there Council will evaluate
next steps, including a public work session, as we strive to get these materials to a place where an ordinance and
bylaws can be finalized/approved in a timely manner.
Regarding the development of an MOU, while it was identified as a deliverable at the onset, at this point the
Council feels the appropriate timing for this document will be after we have determined what elements of an
ordinance we will endorse and what bylaws are acceptable.
Given this, we agree that the bulk of the work will have been completed by the time of your presentation in
June, including your formal charge, so the Council does not plan to extend the current CRB's terms. We do,
however, anticipate engaging with members of the CRB as well as other stakeholders and the public in the
weeks beyond the expiration of the initial CRB’s terms as part of our next steps.
We look forward to formally reconvening at a Council meeting in June. Please advise if you have any
immediate questions. Again, thank you for your commitment to this important work.
Sincerely,
Heather Hill



Sarah
From: Murphy, Mike
Subject: Fwd: CRB update and questions
FYI
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------

From: "Hill, Heather" <hhill@charlottesville.org>
Date: 4/25/19 12:03 PM (GMT-05:00)
To: Police Civilian Review Board <policecrb@charlottesville.org>
Cc: Council <council@charlottesville.org>
debriefed on your work to date. Regarding feedback from LAJC and CPD, Council has not received anything to
date, however the Council can follow up with these entities to determine any intentions to provide feedback
at this juncture given Dr. Bellamy made this request.
Thank you for the update on the progress based on some of the questions raised, including your current
efforts to rework deliverables such that language is appropriately allocated to both a draft ordinance and draft
bylaws. Council is proposing that these deliverables, along with the report you mentioned (that will
encompass organizational structure, budget, staff, iterative steps, etc.), be presented during one of our June
meetings. This timing will align with the conclusion of the majority of the Board's terms. From there Council
will evaluate next steps, including a public work session, as we strive to get these materials to a place where
an ordinance and bylaws can be finalized/approved in a timely manner.
Sincerely,
Heather Hill



Sarah
From: Burke, Sarah
Thanks for the email, Heather.
I just want to clarify something that was not addressed in your email: do you have any feedback for us based on
our presentations to you? If so, when can we expect to receive that? Your email stated that our next formal
communication would be in June, but I want to reiterate that we believe we are at the stage where we should all
be working in a collaborative manner. This board needs your input and assistance prior to June so that we can
get this thing over the finish line. We hope to see your commitment to the CRB in the next few weeks and into
June.
With regard to the June council meeting, which date do you propose? We need to get that on our calendars
sooner than later. I know we will all want to be in attendance.
I also want to voice my concern with the way this has currently been proposed: we are at risk of drafting an
ordinance, organizational model, and bylaws that have no chance of getting passed (if we don't receive feedback
and collaboration from Council). And if that's the case, you've asked that our proposal be presented to you at
one of your June meetings. The second June meeting is after our terms officially have ended. Therefore, that
would leave us no time to make changes if the ordinance and bylaws aren't agreeable to City Council. It also
means that any work we do as citizens after June would not be in the public eye and would be during a time that
there is no official CRB. The timeline in the original resolution appeared to intend that the process from first
draft to completion of terms would be about three months (presumably to iron out all of these issues). Of
course, it is entirely your decision how long this Board operates, but I wanted to tell you my concerns.
Furthermore, with regard to the MOU, can you clarify if you are asking us to stop attempting to communicate
with the Chief of Police regarding the MOU? If we do not develop an MOU, how do you foresee the future
CRB having access to the CPD documents and data it needs? Will that all be included in the ordinance and
bylaws?
Thank you,
Sarah
On Thu, Apr 25, 2019 at 12:03 PM Hill, Heather <hhill@charlottesville.org> wrote:
to date, however the Council can follow up with these entities to determine any intentions to provide
feedback at this juncture given Dr. Bellamy made this request.
efforts to rework deliverables such that language is appropriately allocated to both a draft ordinance and
draft bylaws. Council is proposing that these deliverables, along with the report you mentioned (that will
Sincerely,
Heather Hill


to re-work our drafted "bylaws" so that we have the appropriate language in (1) a suggested ordinance as
well as (2) in the Board's bylaws. We plan to have the to you by the end of our Terms (early June). By that
date, we also will provide you with a report that includes the operational information including:
organizational structure(s), budgetary needs, staff descriptions, possible iterative steps that Council could
take to get this process started, etc. We hope that this supplementary Report can serve as an operational
starting point until staff is in place to develop and monitor all internal procedures and policies.
And last but not least, with regard to the timeline, we discussed in our meeting last night that this process
may take longer than some of us initially envisioned. Presuming we get our materials to you by the beginning
of June (the end of our terms), we know it will take some time for you to work through out proposal, discuss
it with us, get an ordinance on the schedule and get it passed, pass a resolution for bylaws, etc. We are

Sarah
From: Bowers, Josh
To: Burke, Sarah; Council; Police Civilian Review Board
Heather,
Thank you for your email earlier today. That said, please know that I second Sarah’s concerns and questions. We need
more guidance. At a minimum, we need to know whether City Council supports our basic oversight model.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: "sarahjaneva@gmail.com" <sarahjaneva@gmail.com>

Date: Thursday, April 25, 2019 at 2:42 PM
To: Council <council@charlottesville.org>, CRB Civilian Review Board <policecrb@charlottesville.org>
Resent-From: CRB Civilian Review Board <policecrb@charlottesville.org>
Thanks for the email, Heather.
I just want to clarify something that was not addressed in your email: do you have any feedback for us based on our
presentations to you? If so, when can we expect to receive that? Your email stated that our next formal communication
would be in June, but I want to reiterate that we believe we are at the stage where we should all be working in a
collaborative manner. This board needs your input and assistance prior to June so that we can get this thing over the
finish line. We hope to see your commitment to the CRB in the next few weeks and into June.
With regard to the June council meeting, which date do you propose? We need to get that on our calendars sooner than
later. I know we will all want to be in attendance.
I also want to voice my concern with the way this has currently been proposed: we are at risk of drafting an ordinance,
organizational model, and bylaws that have no chance of getting passed (if we don't receive feedback and collaboration
from Council). And if that's the case, you've asked that our proposal be presented to you at one of your June meetings.
The second June meeting is after our terms officially have ended. Therefore, that would leave us no time to make
changes if the ordinance and bylaws aren't agreeable to City Council. It also means that any work we do as citizens after
June would not be in the public eye and would be during a time that there is no official CRB. The timeline in the original
resolution appeared to intend that the process from first draft to completion of terms would be about three months
(presumably to iron out all of these issues). Of course, it is entirely your decision how long this Board operates, but I
wanted to tell you my concerns.
Furthermore, with regard to the MOU, can you clarify if you are asking us to stop attempting to communicate with the
Chief of Police regarding the MOU? If we do not develop an MOU, how do you foresee the future CRB having access to
the CPD documents and data it needs? Will that all be included in the ordinance and bylaws?
Thank you,
Sarah
On Thu, Apr 25, 2019 at 12:03 PM Hill, Heather <hhill@charlottesville.org> wrote:
to date, however the Council can follow up with these entities to determine any intentions to provide
feedback at this juncture given Dr. Bellamy made this request.
efforts to rework deliverables such that language is appropriately allocated to both a draft ordinance and
draft bylaws. Council is proposing that these deliverables, along with the report you mentioned (that will
Sincerely,
Heather Hill


to re-work our drafted "bylaws" so that we have the appropriate language in (1) a suggested ordinance as
well as (2) in the Board's bylaws. We plan to have the to you by the end of our Terms (early June). By that
date, we also will provide you with a report that includes the operational information including:
organizational structure(s), budgetary needs, staff descriptions, possible iterative steps that Council could
take to get this process started, etc. We hope that this supplementary Report can serve as an operational
starting point until staff is in place to develop and monitor all internal procedures and policies.
And last but not least, with regard to the timeline, we discussed in our meeting last night that this process
may take longer than some of us initially envisioned. Presuming we get our materials to you by the beginning
of June (the end of our terms), we know it will take some time for you to work through out proposal, discuss
it with us, get an ordinance on the schedule and get it passed, pass a resolution for bylaws, etc. We are

Sarah
From: FOIA
CC: Hawn, Tyler
Subject: Re: FOIA
As a point of clarity... for item 2, the request is only for CRB-related items. This only effects Council members,
Chief Brackney, and Jessica Downey.
The revised request from The Daily Progress is for emails sent in 2019 between the following groups:
1. (Chief Brackney and/or Jessica Downey) and CRB members

2. (Chief Brackney and/or Jessica Downey) and City Council -- ONLY RELATED TO CRB BUSINESS
Brian
BRIAN WHEELER
605 E. Main St.
434-970-3129
From: FOIA
Cc: Hawn, Tyler
Subject: Fw: FOIA
We have received a new FOIA request from the Daily Progress seeking emails sent in 2019 between the
following groups:
1. Chief Brackney and/or Jessica Downey and CRB members

2. Chief Brackney and/or Jessica Downey and City Council
NOTES: The Police CRB Archive mailbox will include any messages sent to policecrb@charlottesville.org and I
can gather any of those that match the criteria above. So if you sent a message to the "Police Civilian Review
Board" distribution list, I already have it, no need to send it to me. While included in request below, I'll note
Don Gathers left the Board January 9, 2019 and Juan Gonzalez left in 2018. I will point that out to the
newspaper.
Please send any other responsive records to FOIA@charlottesville.org.
Our initial response as an organization is due Wednesday, May 1, 2019. I would appreciate receiving as many
of your messages as possible by April 30 so they can be assembled.
If you have any questions, please don't hesitate to call me.
Brian
BRIAN WHEELER
605 E. Main St.
434-970-3129
From: Stout, Nolan <nstout@dailyprogress.com>

To: FOIA; Wheeler, Brian
Subject: FOIA
Nolan Stout
The Daily Progress
685 W. Rio Road
Charlottesville, Va. 22901
April 24, 2019,
Dear Mr. Wheeler,
This is a request under the Virginia Freedom of Information Act, Virginia Code Section 2.2-3700 and following.
I request access to and copies of the following:
Guillermo Ubilla and the email address policecrb@charlottesville.org.
AND
-Heather Hill, Nikuyah Walker, Mike Signer, Kathy Galvin and Wes Bellamy
?
AND
Emails between Jan. 1 and April 24, 2019, between any individual or group of Heather Hill, Nikuyah Walker,
Mike Signer, Kathy Galvin and Wes Bellamy and any individual or group of the following people:
Guillermo Ubilla and/or the email address policecrb@charlottesville.org.
If you determine that only portions of a file are exempted from release, I request that I be provided with all
non-exempt portions.
I reserve my right to object to any withholding or deletion of information.
Please provide an estimate of costs prior to meeting my request.
If you have any questions concerning this request, I may be reached during normal business hours at 919-548-
6120.
I look forward to your response within five days as provided by the Act.?
Nolan Stout
City Reporter
The Daily Progress
685 West Rio Road
direct (434) 978-7274 | mobile (919) 548-6120
nstout@dailyprogress.com <mailto:nstout@dailyprogress.com> |
www.dailyprogress.com<http://www.dailyprogress.com/>
From: Adeola Ogunkeyede
To: Council
CC: Police Civilian Review Board; Rolla, Kim; Harold B. Folley
Subject: Comments to CRB Draft Proposed Bylaws
Attachments: Comments on CRB Proposed Bylaws (LAJC).pdf
Dear City Council,
As requested at the April 17, 2019, joint session between the initial PCRB and City Council, please find attached Legal
Aid’s thoughts and comments on the draft proposed bylaws.
All the best,
Adeola Ogunkeyede
Director, Civil Rights & Racial Justice Program
Legal Aid Justice Center
123 E. Broad Street
Richmond, VA 23219
804.643.1086 (main)
804.340.7728 (direct)
adeola@justice4all.org
Civil Rights & Racial Justice Program
April 25, 2019
Dear City Council,
Attached is our feedback on the April 17th working draft of the proposed bylaws created by the
initial Civilian Review Board. We submit these comments having followed the drafting process
closely. Our input has been guided by the considerable expertise developed by members of the
initial Board, the advocacy of the People’s Coalition and other interested community members,
research support from students in the University of Virginia School of Law’s Civil Rights Clinic
and Black Law Students Association, and our own work alongside communities directly
impacted by racial and economic inequity in Charlottesville, particularly the historically
disproportionate policing of black communities. We believe the overall structure envisioned for
the permanent Board by these bylaws will provide a strong foundation for an oversight body for
the Charlottesville Police Department (CPD). Investigative authority over original complaints,
dedicated staff, a budget of at least 1% of the Charlottesville Police Department’s budget, and a
Board composed largely of directly impacted community members are some of the key features
that will help ensure independence, transparency, and accountability. We fully support the work
that the initial Civilian Review Board has done to get to this stage of the process.
Our feedback reflects our high-level thoughts on the bylaws in their present form. The drafting
process to-date has left several vital questions unanswered, including what language is properly
placed in the enabling ordinance versus in the bylaws and what the Memorandum of
Understanding with CPD will include. Resolving these issues was squarely within the charge
given to the initial Board in City Council’s December 2017 resolution, and the legitimacy of this
process necessitates that the initial Board be able to fulfill its entire charge before its membership
appointments end.1 Given the centrality of the outstanding issues to finalizing the proposed
bylaws, we believe City Council must now flex its muscle to bring all stakeholders - from
Councilors to the Chief of Police, City Manager, and City Attorney- to the table, together, to
1
Resolution (December 18, 2017), http://www.charlottesville.org/home/showdocument?id=62535 ("City Council
does hereby authorize the creation of an initial Police Civilian Review Board (“Board”) and tasks the Board with
drafting bylaws, which shall address matters including, but not limited to: ...Creating guidelines or a Memorandum
of Understanding for effectively interacting with the Chief of Police.")
123 E. Broad Street, Richmond, VA 23219 | www.justice4all.org

Phone: 804-643-1086 | Fax: 804-643-2259 | Toll-free 800-763-7323 | email: adeola@justice4all.org
publicly work through the outstanding questions.2 Only then will the initial Board be in a
position to provide City Council with a finished product that can be contemplated for a vote.
Ultimately, whether future Boards will be able to provide effective oversight of CPD turns on
City Council having the present political courage to allow the initial CRB to fulfill its entire
mandate and, thereafter, Council voting to adopt strong bylaws and ordinances that reflect the
community's demands for meaningful oversight. The importance of creating a strong oversight
body for CPD at this point in Charlottesville’s history cannot be overstated. The connection
between the long-standing overpolicing of black residents - and the distrust of law enforcement
engendered by those practices - was cited as a contributing factor to the white supremacist
violence that roiled Charlottesville in the summer of 2017.3 The City Council resolution creating
the initial Board cited to the “critical “ need for “relationship building, community trust, and
civilian engagement” with CPD.4
Moreover, present day historians and scholars consider the quest for fair treatment of black
communities by police forces an unfinished part of the civil rights movement. 5 And policing
practices are “inextricably bound to bedrock issues affecting the community such as poverty,
education, and public health.”6 In short, to paraphrase President Barack Obama, inequitable
treatment of any part of the Charlottesville community is a problem for everybody in that
community. 7 As the process of enshrining the authority of the Board continues, we implore City
Council to realize that ensuring strong and effective oversight of CPD is bigger than any one city
official or set of City Councilors - rather, it cuts at the core of who Charlottesville is and strives
to be as a community and whether it really is “a great place to live for all [its] citizens” - and do
everything in its power to create the conditions necessary for the permanent Board’s success. 8
Our chief take away for City Council at this juncture is our sense that Council must ensure that
all city officials - Councilors, Chief of Police, City Manager and City Attorney - dig in to work
2
We understand that scheduling is difficult and that any such meeting will likely require a lengthy time
commitment. Our recommendation is flexible as to the best way to accomplish the goal, but the goal must be
transparent, collaborative engagement between all the stakeholders and the initial Board to provide them with the
level of guidance and feedback necessary to complete their mandate.
3
See New Civilian Review Board to Oversee Police, (February 1, 2018), https://www.wmra.org/post/new-civilian-
review-board-oversee-police#stream/0.
4
Resolution (December 18, 2017), http://www.charlottesville.org/home/showdocument?id=62535
5
See Policing the Police: A Civil Rights Story, (May 2016), http://origins.osu.edu/article/policing-police-civil-
rights-story and Yes, Black America Fears the Police. Here’s Why (“For black Americans, policing is ‘the most
enduring aspect of the struggle for civil rights,’ says [Khalil] Muhammad, a historian and director of the Schomburg
Center for Research in Black Culture in New York.”), https://www.propublica.org/article/yes-black-america-fears-
the-police-heres-why (March 2015).
6
Final Report of The President’s Task Force on 21st Century Policing, pg. 19,
https://cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf (May 2015)
7
Id.
8
Charlottesville City Council Vision - 2025, http://www.charlottesville.org/home/showdocument?id=20073
2
with the initial Board so that this process can conclude in a transparent and cooperative manner
to ensure the critical mandate embodied in the resolution is honored. It is imperative that city
officials lead by example when it comes to fostering an atmosphere of trust and collaborative
engagement around policing in Charlottesville.
We appreciate the opportunity to provide our thoughts to you on this very important process.
Respectfully,
Harold Folley
Kim Rolla
Adeola Ogunkeyede
Civil Rights & Racial Justice Program
cc: Charlottesville Initial Police Civilian Review Board
3
I. NAME
Charlottesville.
II. MISSION
Mission Statement: The Board aims to provide fair, objective, and independent oversight of the Commented [1]: Great mission! Only suggestion is to,
perhaps, add something about long-term desired
Charlottesville Police Department (the “CPD”) in an effort to enhance transparency and trust, to outcome for oversight. One suggestion: to produce
promote effective policing and mutual respect, and to protect the civil and constitutional rights of safer, thriving communities in Charlottesville where
systemic inequity - as exacerbated by policing
the people of Charlottesville. practices - is eliminated.
powerless;
and
III. DUTIES
The Board commits to fulfill the following obligations: Commented [2]: These should be the minimum
functions the Board commits to perform. This should be
● review internal investigations of police misconduct; non-exhaustive list to allow room for expansion if
necessary. And, as functions, should reference here
● process and investigate civilian complaints; these are further set out in Section VI Powers, Duties
and Functions
● reach out to affected communities; Commented [3]: Whether or not appropriate for
bylaws, there must be full transparency around these
● produce public reports; and appointments, the details of which must be spelled out,
and to address:
● collaborate effectively with CPD, city, and oversight staff. 1) the application process
- there must be a publicly announced application
process, in english and spanish, with a publicly
IV. STRUCTURE & SELECTION available application, online and hardcopy available for
pickup
- community members must be allowed to know who
Civilian Composition: The City Council shall appoint civilian Board members. The City has applied
Council shall endeavor to create a fair, objective, independent, and representative body. - there must be public notice as to the selection time
line including sufficient notice (no less than 30 days) to
Except in the event of a short-term vacancy (described below), the appointment process for new public about opportunity to ask questions of applicants
Board members shall include at least one public opportunity for current Board and community - PCOB members must be allowed a seat at table to
offer comments to councilors re: applicants and
members to question candidates. selection process
4
The City Council shall create a Board composed of eleven civilian Board members, including nine
voting members and two non-voting (ex-officio) members. If the City Council fails to fully staff
the Board, the Board may continue to do its work as long as six voting Board members are
The City Council shall endeavor to appoint members that satisfy the following criteria: Commented [4]: Overall might need to give more
thought to how vacancies are filled when someone with
● at least one voting member who is a resident of low-income housing; the required lived-experience or skill-set closes out
● at least three voting members who represent historically disadvantaged communities, his/her term (or even resigns). For example, want to
ensure that if Board loses 2 members from "historically
particularly communities that have experienced disparate policing; disadvantaged communities" that the City's
● at least one voting member who represents an organization, office, or agency that seeks racial announcement of vacancies specifies those are the
applicants being sought.
or social justice or that otherwise advocates on behalf of an historically disadvantaged
Commented [5]: Need to be clear about what is meant
community; by "low-income housing." This is sometimes used to
● at least one voting member who has skills and experience in community outreach and/or refer to public housing. If that is what's meant here,
should be specific. If going buy another metric- Area
organizing; Median Income + Fair Market rent - then should specify
that. Clarity is best to avoid confusion and missteps.
Commented [6]: Also need a definition for this term so
and/or legislation; that all are aware of what is meant. Is disadvantage
● at least one voting member who has skills and experience in investigation and/or synonymous with low-income in this instance or would
there be a distinction? To be clear, definitely agree that
mediation; it is necessary to have representation on the PCOB of
● at least one voting member who has skills and experience in policy analysis, institutional community members from communities that have
experienced disparate policing in Cville, but want to
systems, compliance practices, and/or auditing; ensure all are working from a clear definition.
● at least one voting member who has skills and experience in data analysis and/or statistics; Commented [7]: Not clear why there would need to be
a proxy organization for directly impacted community
● one ex-officio member who is a current City Councilor; and members serving on PCOB. Seems unnecessary.
“Membership Restrictions,” described below). Commented [8]: If ex-officio members are non-voting,
PCOB members should directly select these members
(taking into account Council's internal process for
If the applicant pool for a voting or ex-officio position or positions would result in a Board councilor-board relationships).
composition that does not satisfy the criteria listed above, the City Council shall seek additional Commented [9]: Member must have demonstrated
candidates, specifically requesting applications from candidates representative of a missing commitment to transparency and accountability.
Stipend: The City of Charlottesville shall provide civilian voting Board members with a $1,500 Commented [10]: This should be set as a minimum,
and the specific rate for the current FY detailed
annual stipend for their service. A Board member may decline the stipend, but the City must offer elsewhere, but publicly announced.
it annually.
5
Executive Director of Police Oversight shall work with and for the Board, and an Auditor shall Commented [11]: If the Exec Director is a salaried
staff person on City's payroll, would need to address
work independently of the Board (but alongside it and occasionally collaborating with it). via agreement with City Manager, CM delegating
authority to Board to provide direction and supervision
of this position. To be clear, we support the creation of
The Executive Director’s obligations include: this position, but think it’s important to establish clear
● planning, organizing, and supervising Board activities, events, and trainings; lines of authority from the outset. Since so much of
day-to-day operations (and therefore power) of PCOB
● developing a complaint process and intaking complaints; will rest with this position, it must maintain
● developing and administering data-keeping procedures; independence from officials who also work closely with
and on behalf of CPD. City must do everything possible
● developing agenda for Board meetings; to ensure that this staff person is accountable, first and
● communicating with city staff to ensure administrative compliance with Board bylaws; foremost, to the PCOB.
Board reports;
The Auditor’s obligations may include9:

for Board review.
9
Because the Auditor operates independently of the Board, the scope and substance of the Auditor’s
obligations are best governed by ordinance and employment contract, not by these Bylaws.
6
Terms of Service & Removal: Except as to the inaugural Board (as described below), the City Commented [12]: Are multiple non-consecutive terms
permissible? Would not recommend that be allowed.
Council shall appoint voting members for three-year terms with the possibility of renewal, but with
no voting member serving more than two consecutive terms. The City Council shall stagger Board
members’ terms. To that end, the City Council shall appoint three voting members of the inaugural
board to eighteen-month terms and four voting members to three-year terms.
The City Council shall appoint ex-officio members without term, except the City Council may Commented [13]: Seems odd to have non-voting
members able to serve indefinite terms, understanding
remove an ex-officio member at its discretion and shall remove an ex-officio member upon a that where one ex-officio member is a member of
vote of no confidence by at least seven voting members. Council, that person's term on Board cannot extend
indefinitely.
The City Council shall hire the Executive Director without term. For the non-Council ex-officio member, would advise a
term limit of 2 years.
Commented [14]: And what if there aren't seven
The City Council may remove the Executive Director or a voting Board member for cause only. members currently serving because of an inability to fill
A removal for cause is authorized upon a vote of no confidence by at least seven voting specified membership roles as noted above? Cleaner
to have ex-officio term-limited as well.
members.
Commented [15]: Or a 2/3 majority of the then-serving
members of the Board? (in the event all nine positions
Vacancies: A Board member may resign at any time by delivering written notice of termination aren't filled and there are 7 - or fewer- voting members
serving.)
questioning) a new Board member for the remainder of the term of the vacated Board seat. Commented [16]: Vacancy-appointments should
match the specified membership role as the former
board member .
circulate them to Board members no later than five days before the next regular meeting. Meeting
minutes shall include the date, time, and location of each meeting; the Board members present and
absent; a brief summary of matters discussed; and a record of votes taken. The Commented [17]: Record should reflect specifics of
who voted for what (not just outcomes of votes taken).
website.
7
Charlottesville shall retain outside counsel to advise the Board. The City shall not use the Board’s
budget to pay outside counsel.
of the CPD, adjusted annually. Except as otherwise provided, the Board has discretion to spend its
budget.
explanation of the expenditure. The explanation must include a description of the item(s); the date
of purchase, the merchant’s name; a credit card statement, if applicable; and the reason for the lack
of a receipt or other supporting documentation.
shall not unreasonably deny a funding request necessary for the Board to meet its mission. If City
8
Council denies a funding request, it shall provide its reasons in writing.
following officers: (1) Chairperson, (2) Vice Chairperson, and (3) Arm Leaders. Each officer shall
serve an eighteen-month term, measured from the date of appointment of the inaugural board.
Every eighteen months thereafter, the Board shall appoint new officers or renew appointment of
current officer(s), except no officer may serve more than two consecutive eighteen-month terms.
Chairperson.
Each Arm Leader runs one of three Board Arms (described below): (1) the Complaint and Internal
Affairs Investigation Arm (“Arm 1 Leader”); (2) the Auditing and Policy Review Arm (“Arm 2
Leader”); and (3) the Community Engagement Arm (“Arm 3 Leader”).
Leader should have experience with community organizing and outreach. All Arm Leaders should
demonstrate strong leadership, organization, and writing skills. An Arm Leader may serve
simultaneously as Chairperson or Vice Chairperson.
Board's mission and its bylaws. Board members may solicit outside volunteer assistance on a task
from a member of the public. However, no outside volunteer may vote on a Board matter, including
the task at issue. The Chairperson may call upon a Board member at a regular meeting to report,
orally or in writing, on an assigned ad-hoc task.
necessary. The Board shall determine the membership of a community advisory panel. No outside
volunteer may vote on a Board matter, including a matter at issue before a community advisory
panel. The Chairperson may call upon a Board member at a regular meeting to report, orally or in
writing, on the work of a community advisory panel. Commented [18]: Is the intent here to only have the
inaugural board train with NACOLE? And then the only
Training of Board: The inaugural Board shall receive a training of at least eight hours, presented mandatory training for the subsequent non-inaugural
boards will be the CPD training?
by the National Association for Criminal Oversight of Law Enforcement or a comparable
organization. The training provider should tailor the training to the Board’s mission and bylaws. This seems inadequate.
Should mandate non-inaugural boards to train

Annually, the Executive Director shall arrange for the CPD to provide trainings (publicly or in with/attend conference of NACOLE every so often
(every 3-5 years perhaps).
9

complaint;
opportunities by subject matter experts. Such trainings may include presentations on mental health,
trauma-informed policing, civil rights and constitutional law, race and racism, community
V. MEETING & VOTING
required by FOIA.
Likewise, “for certain limited purposes” and according to “closed meeting procedures,” the Board
may hold closed meetings or enter into closed session during a public meeting. Va. Code §§ 2.2-
3711-12.
and (iii) the remote Board member’s comments are sufficiently audible to Board members and the
public.
10
period.
Board members shall endeavor to attend all meetings. If a Board member is absent, without cause,
from four regular meetings in a calendar year, removal for cause is authorized (as described above
in “Terms of Service & Removal”).
Votes: The Board shall vote publicly, orally, and not by proxy. Except as specified elsewhere, the
Board may act upon the vote of a majority of the voting members present at a meeting, provided
at least a quorum is present.
member must provide a written copy of the amendment to each Board member at least seven days
before a vote on the amendment. The Board may amend the bylaws only upon the vote of a
majority of all voting members. Unless the amendment specifies an effective date, the amendment Commented [19]: It would make most sense to refer
here to this work being done in accordance with an
is effective at the next Board meeting. existing MOU between CPD and PCOB. For the PCOB
to be able to meaningfully investigate complaints (both
through original and appellate jurisdiction), it must have
VI. POWERS. DUTIES AND FUNCTIONS the ability to access certain CPD records that will be
transmitted to PCOB with the complaints. As it stands
this section was drafted blind and could be much
[*** All of the remaining bylaws are very rough and still need substantial editing-- stronger if, for instance it was grounded in set time
both substantively and stylistically. ***] frames for communication btw CPD and PCOB and
included the lines of authority as detailed in an MOU
The Board’s work will be separated into three distinct categories, called “Arms.” The First Arm (eg, what CPD personnel should be named here by title
will the Complaint and Internal Affairs Arm. The Second Arm is the Auditing and Policy to be responsible for communications with PCOB re
complaints).
Review Arm. The Third Arm is the Community Engagement Arm. Specific powers, duties, and To be clear, the existence of an investigative arm of the
board- with original jurisdiction over complaints, as
functions are below. opposed to solely IA review functions- must be a non-
negotiable part of any permanent PCOB. This is an
area where community members have raised the most
ARM 1: Complaints and Internal Affairs concern about historical CPD practice and no matter
what changes may be ushered in by the current Chief,
The Board shall have the authority to receive, review, investigate and make findings of fact it will take a long time to overcome the community's
regarding any and all complaints against CPD. The Board shall also have the authority to reluctance to rely on CPD only for review of complaints.
Original complaint review by PCOB is a must.
Manager, City Council, and the Chief of Police. At this stage without a concurrent public MOU drafting
process to provide them insight into how this arm of the
CRB will work, many community members are deeply
Intake of complaints: The Board shall develop and make publicly accessible, electronically and skeptical of the City's commitment to really answering
the call for community oversight of CPD. Frankly, it is a
physically, a complaint form, written in English and Spanish. The Board shall make appropriate huge failure for the City that that process has not yet
accommodations for taking complaints from speakers of other languages, including sign language. begun.
Commented [20]: Explicit statement allowing
anonymous and unsigned complaints should be on
A complainant or third party may file a complaint in person, by phone, by post, or electronically. complaint form itself. Along with explicit statement that
The Board shall accept anonymous and unsigned complaints. no one will be threatened with prosecution or
deportation for simply filing a complaint.
11
conduct. Staff or an assignment member of the Board shall maintain open lines of Commented [21]: Is this a new role on PCOB? Or
should this read, "assigned member"?
communication with the complainant and IA throughout the complaint and investigation
process. If the complainant’s identity and contact information are known, the investigator
shall endeavor to communicate with the complainant at least once every thirty days.
Investigation: The Board shall have the authority to engage in investigation of a complaint, as
Access to information and data: The Board shall have access to City and CPD data, documents,
and information it needs to perform its function. The Board shall not make public data that is the
subject of a signed confidentiality agreement or that cannot legally be released.
In its review of each individual case, the Board may request (i) the production of relevant physical
evidence or documents or (ii) the interview of a relevant witness, including but not limited to the
subject of the complaint. The City Manager or designee may request participation in Board
business of any employee whose involvement is requested by the Board, in compliance with local,
state and federal law. Upon request from the Board, the City Manager may also require the
production of any relevant documents or other materials in the possession of the Police
Department, or other City departments at any time.
12
The Board may request (i) the production of relevant physical evidence or documents at a hearing
or (ii) the appearance and testimony of a relevant witness, including the subject of the complaint.
However, the Board has no authority to compel production of physical evidence or documentation
or to subpoena a witness or place a witness under oath.
If no majority agrees upon a determination as to a particular allegation, the Board shall deem
the allegation of the complaint not resolved and provide a detailed explanation.
Board shall record in a written report the reasons for any determination. The Chairperson
If a majority of Board determines that an allegation is sustained, the majority may include in
Commented [22]: This response needs to be made
its report a disciplinary recommendation. The Board has no final disciplinary authority. publicly available by PCOB to the complainant. PCOB
must log this info in an anonymized (aka no personally
identifying information of the officer(s) or
The Chief of Police must respond to any Board finding or complaint resolution recommendation complainant(s)) for public reporting of history of
recommendations.
13
in writing within forty-five days of the date of the Board’s recommendation. The Chief’s response
must indicate whether the CPD will follow the recommendation, will conduct additional
investigation or re-open the case, or whether the Department will not follow any of the
Recommendations to the CPD and City: The Board may make recommendations to the City and
CPD, including but not limited to: disposition outcomes by the Board, recommendation for
investigation.

report on all inquiries and complaints submitted (either internally or by a member of the public) to
the CPD. The Board shall monitor the timing of all actions and communications taken by the CPD
with regard to complaints to track whether the CPD is following its own policies and procedures.
This includes but is not limited to complaints that go to Internal Affairs (“IA”).
14
the CPD.
New Policies: As new policies and general orders are developed by the CPD, they will be reviewed
prior to enactment by the Board to assess the policies’ negative and positive impacts, especially
on communities of color, low wealth communities, and on LGBTQ, disabled, homeless,
undocumented, mentally-ill individuals, and other protected classes.
community input.
Department will not follow any of the policy recommendations and any reasons why they will not
be followed.
The Chief of Police must respond to any policy recommendations from the Board in writing within
forty-five days of the date of the Board’s recommendation. The Chief’s response must indicate
whether the CPD will follow the recommendations through standing operating procedures,
whether the recommendations should be adopted as policy, or whether the Department will not
follow any of the policy recommendations and any reasons why they will not be followed.
Arm’s work, progress, and future plans in each annual report. Specifically, the Arm 2 portion of
the report should include but not be limited to: auditing functions performed in that year; policies
reviewed; any and all policy recommendations made (of existing or proposed policies); an
accounting of which Board recommendations were adopted, in whole or in part, by the CPD and
why or why not, and other relevant matters.
15
shall hold meetings or forums to engage the community at least quarterly. It shall record and report
on public input and needs at least quarterly in interim reports. The Board shall also facilitate robust
conversation and engagement between the public and the CPD.

documentation that the CPD intends to present at the Community/Police Relations Meetings shall
be provided to the Board no fewer than 30 days prior to the Meeting. The Board shall review CPD
data and documents, disseminate (to the extent permissible by law) those documents and data, and
prepare for Meetings appropriately.
All Community/Police Relations Meetings shall be audio and video-recorded and made
available to the public by the City.

16
hires.
ADD BOARD INPUT FOR THE TRAINING OF

STAFF?

COMMISSIONS?
Reporting:
Annual report: The Chairperson (with substantial assistance of Staff) shall compile a final
report at the end of each year of work. The Annual Report serves as an update on all work
Interim Reports: Reports relating to policy recommendations, training recommendations,

Board business, cases reviewed, matters of significant public interest, or other concerns may be
issued throughout the year at any time. Reports will be submitted to City Council, the CPD, and
the public.
17
From: Burke, Sarah
Sent: Friday, April 26, 2019 10:28 AM
To: Adeola Ogunkeyede
CC: Council; Police Civilian Review Board; Rolla, Kim; Harold B. Folley
Subject: Re: Comments to CRB Draft Proposed Bylaws
Received, thank you. This is incredibly valuable feedback.
On Thu, Apr 25, 2019 at 5:41 PM Adeola Ogunkeyede <adeola@justice4all.org> wrote:
Dear City Council,
As requested at the April 17, 2019, joint session between the initial PCRB and City Council, please find
attached Legal Aid’s thoughts and comments on the draft proposed bylaws.
All the best,
Adeola Ogunkeyede
Director, Civil Rights & Racial Justice Program
123 E. Broad Street
Richmond, VA 23219
804.643.1086 (main)
804.340.7728 (direct)
adeola@justice4all.org
To: Council
Subject: ** DRAFT** : Press Release: Statement on Police Civilian Review Board
Council - This is the final draft of a release that will go out around 1 p.m. today. If you have any
feedback, please call me at 434-970-3129.
Brian
From: Charlottesville Communications Office <wheelerb@charlottesville.org>

To: Wheeler, Brian <wheelerb@charlottesville.org>
Subject: Press Release: Statement on Police Civilian Review Board
Media Contact
Brian Wheeler
434-970-3129
FOR IMMEDIATE RELEASE

April 26, 2019
Statement on Police Civilian Review Board
CHARLOTTESVILLE, VA – The City of Charlottesville and Charlottesville City Council will

continue its work with the initial Police Civilian Review Board through June 2019. After a
recent joint meeting, and briefings of members of Council who could not attend, Council
has shared with the CRB proposed next steps and expressed its commitment to continue
its work with the public and the Police Department to form a permanent review board.
However, recent statements by members of the CRB have inaccurately characterized

Chief Brackney’s availability and willingness to meet with board members in public and
private. The Charlottesville Police Department is willing to work with the CRB so that it
can be successful; however, genuine oversight cannot be achieved in any relationship
without collaboration, transparency and integrity by all stakeholders involved.
Since the board’s inception, Chief Brackney has met with members of the Board, and her office
established an open line of communication with the CRB to ensure any questions, concerns, or
scheduling matters were addressed. At the Board’s request, Chief Brackney made a
presentation and participated in a CRB question and answer session at the CRB’s March 12,
2019 meeting. In spite of those efforts, the Board has often gone for weeks and months without
communicating with Chief Brackney concerning a Memorandum of Understanding between the
CRB and the Charlottesville Chief of Police.
At a meeting this week as reported by The Daily Progress, a member of the CRB falsely stated
that Chief Brackney refused to meet or was not available for the entire month of June. The actual
email messages between CRB member Josh Bowers and the Police Department are attached to
this release.
“The strained relations between the Civilian Review Board (CRB) and Charlottesville Police Chief
Dr. RaShall Brackney are unfortunate and the manner in which they were inaccurately
characterized this week is damaging,” said Interim City Manager Mike Murphy. “I believe the
Chief has accomplished a great deal in her review and reorganization of the Charlottesville
Police Department and should be commended for her efforts to provide greater transparency.”
On Thursday, April 25, Charlottesville Vice Mayor Heather Hill communicated to the CRB the
following next steps:
 Charlottesville City Council will directly solicit feedback on the proposed CRB bylaws from
the Legal Aid Justice Center and the Charlottesville Police Department.
 At a Council meeting in June 2019, the CRB should present its deliverables including a
final report, draft bylaws, a draft ordinance, and recommendations on budget and staffing.
 Council feels the appropriate timing for a Memorandum of Understanding between the
CRB and the Police Department is after an ordinance and bylaws are endorsed.
 While the existing CRB terms will not be extended, Council does anticipate engaging with
members of the CRB as well as other stakeholders and the public after June. Council will
continue to evaluate next steps, including a public work session, as it strives to get these
materials to a place where an ordinance and bylaws can be finalized/approved in a timely
manner.
“The City of Charlottesville, Charlottesville Police Department, and Chief Brackney have no fear
of scrutiny in the form of a well thought out Police Civilian Review Board,” added Murphy. “I
believe there are flaws in the current proposal, and my feedback has been shared with the City
Council. I support the recent City Council communication to the CRB that correctly identifies that
a Memorandum of Understanding should not be developed until after an ordinance and bylaws
are approved.”
The City Manager’s Office, the Police Department, and City Council all thank the CRB for their
work, and hope for improved relations, as we look forward to their presentation to Council in
June.
###

City Council Vision: To be one community filled with opportunity
Mission: We provide services that promote equity and an excellent quality of life in
our community
Goal 1: An Inclusive Community of Self-sufficient Residents

Goal 2: A Healthy and Safe City
Goal 3: A Beautiful and Sustainable Natural and Built Environment
Goal 4: A Strong, Creative and Diversified Economy
Goal 5: A Well-managed and Responsive Organization
Sent by the City of Charlottesville Office of Communications, 605 E. Main St. Charlottesville, VA 22902
Brian Wheeler, Director of Communications
PHONE: 434-970-3129 EMAIL: wheelerb@charlottesville.org
City of Charlottesville | 605 East Main Street, Office of Communications, Charlottesville, VA

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To: Murphy, Mike
Subject: Press Release: Statement on Police Civilian Review Board
Media Contact
Brian Wheeler
434-970-3129
FOR IMMEDIATE RELEASE

April 26, 2019
Statement on Police Civilian Review Board

CHARLOTTESVILLE, VA – The City of Charlottesville and Charlottesville City Council will
continue its work with the initial Police Civilian Review Board through June 2019. After a
recent joint meeting, and briefings of members of Council who could not attend, Council
has shared with the CRB proposed next steps and expressed its commitment to continue
its work with the public and the Police Department to form a permanent review board.
However, recent statements by members of the CRB have inaccurately characterized

Charlottesville Police Chief Dr. RaShall Brackney’s availability and willingness to meet
with board members in public and private. The Charlottesville Police Department is willing
to work with the CRB so that it can be successful; however, genuine oversight cannot be
achieved in any relationship without collaboration, transparency and integrity by all
stakeholders involved.
Since the board’s inception, Chief Brackney has met with members of the Board, and her office
established an open line of communication with the CRB to ensure any questions, concerns, or
scheduling matters were addressed. At the Board’s request, Chief Brackney made a
presentation and participated in a CRB question and answer session at the CRB’s March 12,
2019 meeting. In spite of those efforts, the Board has often gone for weeks and months without
communicating with Chief Brackney concerning a Memorandum of Understanding between the
CRB and the Charlottesville Chief of Police.
At a meeting this week as reported by The Daily Progress, a member of the CRB falsely stated
that Chief Brackney refused to meet or was not available for the entire month of June. The actual
email messages between CRB member Josh Bowers and the Police Department are attached to
this release.
“The strained relations between the Civilian Review Board (CRB) and Charlottesville Police Chief
Dr. RaShall Brackney are unfortunate and the manner in which they were inaccurately
characterized this week is damaging,” said Interim City Manager Mike Murphy. “I believe the
Chief has accomplished a great deal in her review and reorganization of the Charlottesville
Police Department and should be commended for her efforts to provide greater transparency.”
On Thursday, April 25, Charlottesville Vice Mayor Heather Hill communicated to the CRB the
following next steps:
 Charlottesville City Council will directly solicit feedback on the proposed CRB bylaws from
the Legal Aid Justice Center and the Charlottesville Police Department.
 At a Council meeting in June 2019, the CRB should present its deliverables including a
final report, draft bylaws, a draft ordinance, and recommendations on budget and staffing.
 Council feels the appropriate timing for a Memorandum of Understanding between the
CRB and the Police Department is after an ordinance and bylaws are endorsed.
 While the existing CRB terms will not be extended, Council does anticipate engaging with
members of the CRB as well as other stakeholders and the public after June. Council will
continue to evaluate next steps, including a public work session, as it strives to get these
materials to a place where an ordinance and bylaws can be finalized/approved in a timely
manner.
“The City of Charlottesville, Charlottesville Police Department, and Chief Brackney have no fear
of scrutiny in the form of a well thought out Police Civilian Review Board,” added Murphy. “I
believe there are flaws in the current proposal, and my feedback has been shared with the City
Council. I support the recent City Council communication to the CRB that correctly identifies that
a Memorandum of Understanding should not be developed until after an ordinance and bylaws
are approved.”
The City Manager’s Office, the Police Department, and City Council all thank the CRB for their
work, and hope for improved relations, as we look forward to their presentation to Council in
June.
Email messages between CRB member Josh Bowers and the Police Department:
###

City Council Vision: To be one community filled with opportunity
Mission: We provide services that promote equity and an excellent quality of life in
our community
Goal 1: An Inclusive Community of Self-sufficient Residents

Goal 2: A Healthy and Safe City
Goal 3: A Beautiful and Sustainable Natural and Built Environment
Goal 4: A Strong, Creative and Diversified Economy
Goal 5: A Well-managed and Responsive Organization
Sent by the City of Charlottesville Office of Communications, 605 E. Main St. Charlottesville, VA 22902
Brian Wheeler, Director of Communications
PHONE: 434-970-3129 EMAIL: wheelerb@charlottesville.org
City of Charlottesville | 605 East Main Street, Office of Communications, Charlottesville, VA

22902
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To: Burke, Sarah
Attachments: Message from KM_308e
Good afternoon Ms. Burke,

Per my commitment to respond no later than Monday, April 29, 2019 to the CRB, please review the attached item.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

Cc: Police Civilian Review Board <policecrb@charlottesville.org>; Council <council@charlottesville.org>; Murphy, Mike
Sarah

All the best,

Chief Brackney

Chief of Police
Office: 434-970-3288

Thank you,
Sarah
From: adminmfd@charlottesville.org
Subject: Message from KM_308e
Attachments: SKM_308e19042613350.pdf
From: Bowers, Josh
To: Murphy, Mike; Council; Wheeler, Brian
CC: Blair, John C; Police Civilian Review Board
Subject: Today's press release
To Whom It May Concern:
I am floored and dismayed by today’s press release, which, among other things, accuses me, by name, of “inaccurately
charteriz[ing]” Chief Brackney’s availability for a public meeting. You attach our email exchange as evidence of my
supposed mischaracterization. But, what you seem unaware of, is the fact that I read the entire email exchange out
loud at the meeting—word for word. Anyone who was at that meeting can attest to the fact that I read the exchange
into the record. Moreover, I never said she wouldn’t meet. I merely said it’s been difficult to schedule a meeting, and
her scheduler had rejected every date I had initially proposed (specifically, any evening between June 10-21). In fact, I
specifically said that we should give her another couple of days to respond to my request for clarification about whether
she might be available some other date during the month of June (or before). All of this would have been apparent to
you if you had attended the meeting or talked with any of us about your concerns before your press release.
Please explain to me how I could have misrepresented an exchange that I read word for word. If a reporter for the
Daily Progress misunderstood that exchange, then your issue is with him, not me. With respect to me—since you did no
homework—your actions are reckless at the least. Please understand that I’m considering my options, including legal
action for defamation.
In fact, the only incomplete recitation, here, of email exchanges is by the city, which—in your press release—stitched
together two separate email threads, only one of which is complete. Your selective inclusion of the bottom email
thread makes Chief Brackney look more accommodating than she was. More to the point, your selective inclusion
makes me wonder whether your press release is worse than reckless. Since I, on the other hand, have no interest in
obfuscation, I’ve included the entirety of that email exchange below.
In the short term, I demand an immediate retraction of your press release. It fails to make clear that the email
exchange that you seem to think is so damning was read out loud by me.
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

To: "Downey, Jessica" <downeyje@charlottesville.org>
Cc: "Brackney, RaShall" <brackneyr@charlottesville.org>, "gloriabeard55@yahoo.com"
<gloriabeard55@yahoo.com>, "sarahjaneva@gmail.com" <sarahjaneva@gmail.com>,
"blairjc@charlottesville.org" <blairjc@charlottesville.org>
Subject: Re: Meetings and memorandum of understanding?
If that’s the best we can do, I’ll try to find other folks from the CRB to attend the second meeting. Thank you.
Sent from my iPhone
On Apr 11, 2019, at 4:27 PM, Downey, Jessica <downeyje@charlottesville.org> wrote:
Mr. Bowers,
You’re welcome, I’m sorry but Chief Brackney is not available during May 20-24th if May 29th does not
work for you would you be able to send a representative on your behalf like you previously suggested?
Kindest Regards,
Jessica L. Downey
Administrative Assistant to the Chief of Police

(434) 970-3288 – Office
downeyje@charlottesville.org

To: Downey, Jessica <downeyje@charlottesville.org>
Cc: Brackney, RaShall <brackneyr@charlottesville.org>; Beard, Gloria <gloriabeard55@yahoo.com>;
Burke, Sarah <sarahjaneva@gmail.com>; Blair, John C <blairjc@charlottesville.org>
Ms. Downey,
Thank you for booking the first meeting and for your efforts to book the second meeting. Not
sure if you noticed below, but May 29 was not one of the days I listed as available. I did list
May 20-24 as possible dates. Could we schedule a second meeting for one of those dates?
Thanks,
Josh
Sent from my iPhone
Mr. Bowers,
I have scheduled you for Thursday May 16th from 1:00-2:00 in the City Hall Conference
on the 2nd floor. I have also blocked off Wednesday May 29th from 1:00-2:00 for you as
well for your second meeting with Chief Brackney, this will also be in the City Hall
Conference Room on the 2nd Floor. If you have any materials you would like Chief
Brackney to review prior to the meeting on the 16th please send them along.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office
From: Brackney, RaShall <brackneyr@charlottesville.org>

To: Bowers, Josh <bowers@law.virginia.edu>
Cc: Downey, Jessica <downeyje@charlottesville.org>; Beard, Gloria
<gloriabeard55@yahoo.com>; Burke, Sarah <sarahjaneva@gmail.com>; Blair, John C
<blairjc@charlottesville.org>
Subject: RE: Meetings and memorandum of understanding?
Mr. Bowers,
Jessica is working to accommodate your requests as my schedule permits.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288
From: Josh Bowers [mailto:bowers@law.virginia.edu]

Can we please put a second meeting on the calendar now to prevent any
confusion going forward? Thank you.
Sent from my iPhone
On Apr 11, 2019, at 12:52 PM, Brackney, RaShall

<brackneyr@charlottesville.org> wrote:
Good afternoon Mr. Bowers,
I understand the MOU is an important part of your mission, and it

behooves all of us to work together to ensure your success. To that end,
Jessica is working to accommodate your requests as my schedule
permits.
As for any assumptions, my March 7, 2019 email ended with “hopefully

the timeframe and rationale work for you” to which there was no reply for
more than a month. So, I would disagree with the assentation that you
discovered an oversight in scheduling. Additionally, the meeting was to be
set as an outgrowth of the bylaws, which would lay the
framework/foundations for any discussions regarding an MOU. As of
today, I do not have any materials from the CRB which would assist in that
endeavor.
That said, if there are materials the CRB would like me to review prior to
our meeting on either the 15th or 16th, please forward them immediately.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

To: Downey, Jessica <downeyje@charlottesville.org>; Brackney, RaShall
<brackneyr@charlottesville.org>
Cc: Beard, Gloria <gloriabeard55@yahoo.com>; Burke, Sarah
<sarahjaneva@gmail.com>; Blair, John C <blairjc@charlottesville.org>
Dear Ms. Downey,
I’m surprised by the tone of your email. It was my assumption, based

on Chief Brackney’s representation, that we would schedule a late April
meeting. I assumed you would be contacting me in early April, at latest,
to finalize details, and I did not want to hound you beforehand with
unnecessary emails or calls. It was only yesterday, when I hadn’t heard
from you all, that I took the initiative to contact you. And it was only
then that I realized Chief Brackney’s oversight in leaving you off the
thread—an oversight that it was in no way my responsibility to
correct. I would have thought you all might be appreciative of the fact
that I discovered your office’s oversight, rather than admonishing me
that I should have called you sooner.
That said, yes, I am free on May 15 and May 16 at any time, as I

previously indicated.
Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: "Downey, Jessica" <downeyje@charlottesville.org>

Date: Thursday, April 11, 2019 at 11:50 AM
To: Josh Bowers <bowers@law.virginia.edu>, "Brackney, RaShall"
Cc: "gloriabeard55@yahoo.com" <gloriabeard55@yahoo.com>,
"sarahjaneva@gmail.com" <sarahjaneva@gmail.com>,
Mr. Bowers,
I understand that I was not looped in original email chain but I am not a
difficult individual to get in touch with, my contact information is posted
on the city’s website or you could have simply called the police
department.
The Chief wrote you back on March 7th to check to see if that timeframe
worked for you and you had not followed up until yesterday April
10th. The May dates and times I provided are her first availability for
this meeting. You stated that you have availability May 15th-17th , the
Chief also has some availability those days, Wednesday May 15th 1:00-
2:00, 3:00-4:00 Or Thursday May 16th 11:00-12:00, 1:00-2:00 or 3:00-
4:00. Please let me know if any of those dates/times work for you. If so I
will secure it on her schedule and we can discuss adding additional
meetings if necessary.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office
Dear Ms. Downey,
I mentioned that perhaps other members of the CRB could attend a

May 7 or May 8 meeting in my place, if no other meeting date is
available. On second thought, I want to make plain that I very much
wish to attend the meeting. And, as one of two Board liaisons to the
CPD, I think I should be there.
I originally contacted your office to set up this meeting on March 7—

over a month ago. I realize there were some administrative issues on
the CPD end, that kept you out of the loop. But the fact remains that
this meeting was supposed to take place in late April, per Chief
Brackney’s representation.
I don’t think it’s asking too much to insist that the meeting take place on
a mutually agreeable date. On my end, I am available every day for the
rest of April, except April 19. During the month of May, my schedule is
tighter, but I am still available May 1-3, May 10, May 15-17, and May
20-24. And I believe my fellow CRB liaison, Gloria Beard, is fairly
flexible. I hope we can work out something that works for
everyone. And, as I mentioned previously, I think it makes sense to
schedule two meetings to ensure that we have enough time and space
to hammer out the Memorandum of Understanding.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Good Morning Mr. Bowers,
Thank you for reaching out. As you can imagine Chief Brackney has an
extremely busy schedule the earliest she is able to meet with you is on
Wednesday May 8th 11:00-12:00, 1:00-2:00, 3:00-4:00. Or Thursday May
9th 11:00-12:00, 1:00-2:00 or 3:00-4:00. I book meetings multiple times
a day for Chief Brackney so these dates/times will likely fill up quickly so
please respond as soon as possible so I can secure a date/time for you.
If these dates do not work let me know and I will look at the following
week to see what is available. Also please send me a list of the
individuals that will be in attendance and I will have temporary name
tags made for them.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

<sarahjaneva@gmail.com>; Blair, John C <blairjc@charlottesville.org>;
Downey, Jessica <downeyje@charlottesville.org>
Chief Brackney,
Thank you for your email. And thank you for doing what you can to set
up the meeting.
I do want to emphasize how important it is that we have this

meeting. Entering into a Memorandum of Understanding is central to
our charge, and our terms end at the beginning of June.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: "Brackney, RaShall" <brackneyr@charlottesville.org>

Date: Wednesday, April 10, 2019 at 5:00 PM
To: Josh Bowers <bowers@law.virginia.edu>
"blairjc@charlottesville.org" <blairjc@charlottesville.org>,
"Downey, Jessica" <downeyje@charlottesville.org>
Good evening Mr. Bowers,

Please forgive the oversight of Jessica’s email not being included in my
March 7th response. Jessica (cc’d above) will work with you to set a
meeting as quickly as possible, but it may be a challenge as my calendar
has certainly filled up since our last correspondence; however, we will do
our best.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

Dear Chief Brackney,
I hope you are well.
Per the exchange below, you had indicated that you would be willing to
meet in late April with members of the CRB to discuss our joint
memorandum of understanding. (Incidentally, you mentioned that you
were going to loop in your assistant, Jessica, to schedule the
meeting. However, I just realized that I don’t see her email address
included below.)
I wanted to circle back to set up the April meeting. And, while we are at
it, I wanted to see if you’re willing to also meet in mid-to-late May to
finalize our MOU discussions. I anticipate that our collaborative efforts
might take a couple of sessions to iron out—and some of the final
details may need to wait until our bylaws (on which we have made
substantial progress) are complete.
Thank you for working with us!
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Thursday, March 7, 2019 at 4:40 PM
Good afternoon Josh,
Thank you for circling back. For ease, I am adding my assistant, Jessica
in this correspondence so that she can work with you to set up a meeting
for late April. My rationale for late April is that it would give the CRB and
Council an opportunity to firm up the bylaws, thereby providing a bit more
clarity as to what should be included an in MOU. Hopefully, the timeframe
and rationale work for you.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

Sent: Thursday, March 7, 2019 1:51 PM
I just wanted to circle back regarding the email below. Please let me
know when you would like to meet to discuss the memorandum of
understanding (and our progress, more generally).
Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Thursday, February 28, 2019 at 10:18 AM
To: "Brackney, RaShall" <brackneyr@charlottesville.org>
Subject: Meetings and memorandum of understanding?
The CRB has begun to find traction on developing a model and drafting
bylaws. As we get down to details, we want to make sure to keep you
informed about our ideas and to keep open the lines of communication
so you can share your ideas with us. To that end, I’m wondering
whether you would like to meet with a couple of members of the CRB in
mid- to late-March, so we can talk about our progress and next steps.
At some point, we also need to discuss the details of a memorandum of

understanding between the CPD and the CRB. I believe you indicated
previously that the drafting of the MOU should follow the drafting of
the bylaws, and I think that makes perfect sense. Please know that we
anticipate completing our first draft of the bylaws by early April. With
that in mind, does it make sense to get an April meeting on the calendar
now to discuss the memorandum of understanding?
Thank you in advance.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Murphy, Mike
Subject: Fwd: Today's press release
FYI
Get Outlook for Android

Sent: Friday, April 26, 2019 1:54:34 PM
To: Murphy, Mike; Council; Wheeler, Brian
Cc: Blair, John C; Police Civilian Review Board
Subject: Today's press release
I am floored and dismayed by today’s press release, which, among other things, accuses me, by name, of “inaccurately
charteriz[ing]” Chief Brackney’s availability for a public meeting. You attach our email exchange as evidence of my
supposed mischaracterization. But, what you seem unaware of, is the fact that I read the entire email exchange out
loud at the meeting—word for word. Anyone who was at that meeting can attest to the fact that I read the exchange
into the record. Moreover, I never said she wouldn’t meet. I merely said it’s been difficult to schedule a meeting, and
her scheduler had rejected every date I had initially proposed (specifically, any evening between June 10-21). In fact, I
specifically said that we should give her another couple of days to respond to my request for clarification about whether
she might be available some other date during the month of June (or before). All of this would have been apparent to
you if you had attended the meeting or talked with any of us about your concerns before your press release.
Please explain to me how I could have misrepresented an exchange that I read word for word. If a reporter for the
Daily Progress misunderstood that exchange, then your issue is with him, not me. With respect to me—since you did no
homework—your actions are reckless at the least. Please understand that I’m considering my options, including legal
action for defamation.
In fact, the only incomplete recitation, here, of email exchanges is by the city, which—in your press release—stitched
together two separate email threads, only one of which is complete. Your selective inclusion of the bottom email
thread makes Chief Brackney look more accommodating than she was. More to the point, your selective inclusion
makes me wonder whether your press release is worse than reckless. Since I, on the other hand, have no interest in
obfuscation, I’ve included the entirety of that email exchange below.
In the short term, I demand an immediate retraction of your press release. It fails to make clear that the email
exchange that you seem to think is so damning was read out loud by me.
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
Sent from my iPhone
Mr. Bowers,
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Ms. Downey,
Thanks,
Josh
Sent from my iPhone
Mr. Bowers,
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Mr. Bowers,
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

Sent from my iPhone


permits.

endeavor.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

Dear Ms. Downey,


Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Mr. Bowers,
department.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Dear Ms. Downey,


Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

tags made for them.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Chief Brackney,
up the meeting.

Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536


our best.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

included below.)
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Bowers, Josh
To: Wheeler, Brian; Murphy, Mike; Council; Blair, John C
CC: Thomas, Kyna N
Subject: FW: Today's press release about the Police Civilian Review Board
Attachments: Additional emails.pdf
Please be aware that I have sent everything below and attached to various media outlets.
Kyna, please post all of this to the CRB website.
Thank you,
Josh

Date: Friday, April 26, 2019 at 4:07 PM
Subject: Today's press release about the Police Civilian Review Board
This afternoon, the City of Charlottesville issued a press release entitled, “Statement on Police Civilian Review Board.” In
that press release, the City accused a member of the Police Civilian Review Board with “inaccurately characteriz[ing]”
email exchanges between the Board and the Charlottesville Chief of Police, Dr. RaShall Brackney. Specifically, the press
release indicated that—at last Tuesday’s public Board meeting—the Board member in question had “falsely stated that
Chief Brackney refused to meet or was not available for the entire month of June.”
I am that Board member, and I said no such thing. To the contrary, at the meeting, I read out loud and word-for-word
the entire email exchange between me and Chief Brackney and her scheduler about the Board’s proposed public June
meeting. Remarkably, the City’s press release attaches this very same email exchange as evidence that I had somehow
mischaracterized the Chief’s words. Frankly, I am at a loss, trying to understand how I could have misrepresented an
exchange that I read word-for-word, for all to hear.
Beyond reading that exchange aloud, I never said the Chief had categorically refused to meet with us. I did make clear
my opinion that it has been difficult to set up meetings with her—now and in the past. And I expressed my frustration
that the Chief’s scheduler had rejected every date I had initially proposed for the public June meeting (that is, any
evening between June 10-21). In fact, I specifically said that the Board should give the Chief another couple of days to
respond to my final email, which requested clarification about whether she might be available on some other date (day
or evening) during the month of June or before. (Incidentally, I have yet to receive a response to that last email.)
I invite the public and the press to ask anyone in attendance at last Tuesday’s Board meeting whether I read aloud the
entire email exchange about the proposed public June meeting. I anticipate that they will back up my account.
Indeed, if there has been an incomplete recitation of any email exchange, it is on the part of the City, which—in its press
release—stitched together two separate email threads, only one of which is complete. Specifically, at the bottom of the
addendum to the City’s press release, the City includes a snippet of an exchange between me and Chief Brackney
concerning the scheduling of private meetings in May. In my opinion, the snippet makes Chief Brackney look more
accommodating than she was. Since I have no interest in obfuscation or shading the truth, I’ve included the entirety of
that email exchange below. Let the words speak for themselves! (Please notice that I’ve also attached three related
emails that fell off of that exchange; together with the thread below, these emails comprise the entirety of our exchange
about May meetings.)
No city official was at our last Board meeting, so I’m not sure where the City got its information. But it is quite
clear to me that those responsible for this press release failed to do their homework. I am stunned that the
City would issue this press release before talking with me or another member of the Board. And I am
dismayed that the City has recklessly sullied my professional and personal reputation, with these allegations of
falsehoods. I have demanded that the City immediately retract its press release. I hope City officials will do
the right thing.
- Josh Bowers, Board Member, Police Civilian Review Board

Sent from my iPhone
Mr. Bowers,
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Ms. Downey,
Thanks,
Josh
Sent from my iPhone
Mr. Bowers,
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Mr. Bowers,
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

Sent from my iPhone


permits.

endeavor.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288
Dear Ms. Downey,


Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Mr. Bowers,
department.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Dear Ms. Downey,


Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

tags made for them.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office
Chief Brackney,
up the meeting.

Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536


our best.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

included below.)
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536


Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

To: "Downey, Jessica" <downeyje@charlottesville.org>, "Brackney, RaShall"
Cc: "gloriabeard55@yahoo.com" <gloriabeard55@yahoo.com>, "sarahjaneva@gmail.com"
<sarahjaneva@gmail.com>, "blairjc@charlottesville.org" <blairjc@charlottesville.org>

And, per my earlier question, can we please set up a second meeting now (for late May, at latest), so we
don’t run into these same difficulties down the road? Again, I’m assuming we will not be able to fully
hammer out the MOU in one one-hour meeting.

Thank you.

Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536


Also, since Chief Brackney’s schedule is so tight, I wonder whether we can set up two meetings over two
weeks in May. It is very doubtful that we’ll be able to iron out the details of the entire MOU in a single
one-hour session.

Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536


I apologize, but I am out of town from 5/6-5/9. Are there other dates or times available? If not, another
board member will need to attend the meeting instead of me.

Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

To: Bowers, Josh
CC: Wheeler, Brian; Murphy, Mike; Council; Blair, John C; Thomas, Kyna N
Subject: Re: Today's press release about the Police Civilian Review Board
Hi Kyna:
Please don’t post this to the CRB website. I will review and discuss it with Council.
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434)326-8780



On Apr 26, 2019, at 3:50 PM, Josh Bowers <bowers@law.virginia.edu> wrote:
Thank you,
Josh

This afternoon, the City of Charlottesville issued a press release entitled, “Statement on Police Civilian
Review Board.” In that press release, the City accused a member of the Police Civilian Review Board
with “inaccurately characteriz[ing]” email exchanges between the Board and the Charlottesville Chief of
Police, Dr. RaShall Brackney. Specifically, the press release indicated that—at last Tuesday’s public
Board meeting—the Board member in question had “falsely stated that Chief Brackney refused to meet
or was not available for the entire month of June.”
I am that Board member, and I said no such thing. To the contrary, at the meeting, I read out loud and
word-for-word the entire email exchange between me and Chief Brackney and her scheduler about the
Board’s proposed public June meeting. Remarkably, the City’s press release attaches this very same
email exchange as evidence that I had somehow mischaracterized the Chief’s words. Frankly, I am at a
loss, trying to understand how I could have misrepresented an exchange that I read word-for-word, for
all to hear.
Beyond reading that exchange aloud, I never said the Chief had categorically refused to meet with us. I
did make clear my opinion that it has been difficult to set up meetings with her—now and in the
past. And I expressed my frustration that the Chief’s scheduler had rejected every date I had initially
proposed for the public June meeting (that is, any evening between June 10-21). In fact, I specifically
said that the Board should give the Chief another couple of days to respond to my final email, which
requested clarification about whether she might be available on some other date (day or evening)
during the month of June or before. (Incidentally, I have yet to receive a response to that last email.)
I invite the public and the press to ask anyone in attendance at last Tuesday’s Board meeting whether I
read aloud the entire email exchange about the proposed public June meeting. I anticipate that they
will back up my account.
Indeed, if there has been an incomplete recitation of any email exchange, it is on the part of the City,
which—in its press release—stitched together two separate email threads, only one of which is
complete. Specifically, at the bottom of the addendum to the City’s press release, the City includes a
snippet of an exchange between me and Chief Brackney concerning the scheduling of private meetings
in May. In my opinion, the snippet makes Chief Brackney look more accommodating than she
was. Since I have no interest in obfuscation or shading the truth, I’ve included the entirety of that email
exchange below. Let the words speak for themselves! (Please notice that I’ve also attached three
related emails that fell off of that exchange; together with the thread below, these emails comprise the
entirety of our exchange about May meetings.)
No city official was at our last Board meeting, so I’m not sure where the City got its
information. But it is quite clear to me that those responsible for this press release failed to do
their homework. I am stunned that the City would issue this press release before talking with
me or another member of the Board. And I am dismayed that the City has recklessly sullied my
professional and personal reputation, with these allegations of falsehoods. I have demanded
that the City immediately retract its press release. I hope City officials will do the right thing.

If that’s the best we can do, I’ll try to find other folks from the CRB to attend the second
meeting. Thank you.
Sent from my iPhone
Mr. Bowers,
You’re welcome, I’m sorry but Chief Brackney is not available during May 20-24th if May
29th does not work for you would you be able to send a representative on your behalf
like you previously suggested?
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Cc: Brackney, RaShall <brackneyr@charlottesville.org>; Beard, Gloria
Ms. Downey,
Thank you for booking the first meeting and for your efforts to book the second
meeting. Not sure if you noticed below, but May 29 was not one of the days I
listed as available. I did list May 20-24 as possible dates. Could we schedule a
second meeting for one of those dates?
Thanks,
Josh
Sent from my iPhone
On Apr 11, 2019, at 3:56 PM, Downey, Jessica <downeyje@charlottesville.org>

wrote:
Mr. Bowers,
I have scheduled you for Thursday May 16th from 1:00-2:00 in the City
Hall Conference on the 2nd floor. I have also blocked off Wednesday May
29th from 1:00-2:00 for you as well for your second meeting with Chief
Brackney, this will also be in the City Hall Conference Room on the 2nd
Floor. If you have any materials you would like Chief Brackney to review
prior to the meeting on the 16th please send them along.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

<gloriabeard55@yahoo.com>; Burke, Sarah <sarahjaneva@gmail.com>;
Blair, John C <blairjc@charlottesville.org>
Mr. Bowers,
permits.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288
Can we please put a second meeting on the calendar now to

prevent any confusion going forward? Thank you.
Sent from my iPhone

I understand the MOU is an important part of your

mission, and it behooves all of us to work together to
ensure your success. To that end, Jessica is working to
accommodate your requests as my schedule permits.
As for any assumptions, my March 7, 2019 email ended

with “hopefully the timeframe and rationale work for you”
to which there was no reply for more than a month. So, I
would disagree with the assentation that you discovered
an oversight in scheduling. Additionally, the meeting was
to be set as an outgrowth of the bylaws, which would lay
the framework/foundations for any discussions regarding
an MOU. As of today, I do not have any materials from
the CRB which would assist in that endeavor.
That said, if there are materials the CRB would like me to

review prior to our meeting on either the 15th or 16th,
please forward them immediately.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

To: Downey, Jessica <downeyje@charlottesville.org>;
Brackney, RaShall <brackneyr@charlottesville.org>
Cc: Beard, Gloria <gloriabeard55@yahoo.com>; Burke,
Sarah <sarahjaneva@gmail.com>; Blair, John C
Subject: Re: Meetings and memorandum of
understanding?
Dear Ms. Downey,
I’m surprised by the tone of your email. It was my

assumption, based on Chief Brackney’s representation,
that we would schedule a late April meeting. I assumed
you would be contacting me in early April, at latest, to
finalize details, and I did not want to hound you
beforehand with unnecessary emails or calls. It was
only yesterday, when I hadn’t heard from you all, that I
took the initiative to contact you. And it was only then
that I realized Chief Brackney’s oversight in leaving you
off the thread—an oversight that it was in no way my
responsibility to correct. I would have thought you all
might be appreciative of the fact that I discovered your
office’s oversight, rather than admonishing me that I
should have called you sooner.
That said, yes, I am free on May 15 and May 16 at any

time, as I previously indicated.
Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: "Downey, Jessica"

<downeyje@charlottesville.org>
To: Josh Bowers <bowers@law.virginia.edu>,
"Brackney, RaShall"
Cc: "gloriabeard55@yahoo.com"
<gloriabeard55@yahoo.com>,
"sarahjaneva@gmail.com"
<sarahjaneva@gmail.com>,
"blairjc@charlottesville.org"
Subject: RE: Meetings and memorandum of
understanding?
Mr. Bowers,
I understand that I was not looped in original email

chain but I am not a difficult individual to get in touch
with, my contact information is posted on the city’s
website or you could have simply called the police
department.
The Chief wrote you back on March 7th to check to see if
that timeframe worked for you and you had not
followed up until yesterday April 10th. The May dates
and times I provided are her first availability for this
meeting. You stated that you have availability May 15th-
17th , the Chief also has some availability those days,
Wednesday May 15th 1:00-2:00, 3:00-4:00 Or Thursday
May 16th 11:00-12:00, 1:00-2:00 or 3:00-4:00. Please let
me know if any of those dates/times work for you. If so
I will secure it on her schedule and we can discuss
adding additional meetings if necessary.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

understanding?
Dear Ms. Downey,
I mentioned that perhaps other members of the CRB

could attend a May 7 or May 8 meeting in my place, if
no other meeting date is available. On second thought,
I want to make plain that I very much wish to attend the
meeting. And, as one of two Board liaisons to the CPD, I
think I should be there.
I originally contacted your office to set up this meeting

on March 7—over a month ago. I realize there were
some administrative issues on the CPD end, that kept
you out of the loop. But the fact remains that this
meeting was supposed to take place in late April, per
Chief Brackney’s representation.
I don’t think it’s asking too much to insist that the

meeting take place on a mutually agreeable date. On
my end, I am available every day for the rest of April,
except April 19. During the month of May, my schedule
is tighter, but I am still available May 1-3, May 10, May
15-17, and May 20-24. And I believe my fellow CRB
liaison, Gloria Beard, is fairly flexible. I hope we can
work out something that works for everyone. And, as I
mentioned previously, I think it makes sense to
schedule two meetings to ensure that we have enough
time and space to hammer out the Memorandum of
Understanding.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

"Brackney, RaShall"
understanding?
Thank you for reaching out. As you can imagine Chief

Brackney has an extremely busy schedule the earliest
she is able to meet with you is on Wednesday May 8th
11:00-12:00, 1:00-2:00, 3:00-4:00. Or Thursday May 9th
11:00-12:00, 1:00-2:00 or 3:00-4:00. I book meetings
multiple times a day for Chief Brackney so these
dates/times will likely fill up quickly so please respond
as soon as possible so I can secure a date/time for you.
If these dates do not work let me know and I will look at
the following week to see what is available. Also please
send me a list of the individuals that will be in
attendance and I will have temporary name tags made
for them.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

<blairjc@charlottesville.org>; Downey, Jessica
understanding?
Chief Brackney,
Thank you for your email. And thank you for doing
what you can to set up the meeting.
I do want to emphasize how important it is that we

have this meeting. Entering into a Memorandum of
Understanding is central to our charge, and our terms
end at the beginning of June.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: "Brackney, RaShall"

<blairjc@charlottesville.org>, "Downey, Jessica"
understanding?

Please forgive the oversight of Jessica’s email not being
included in my March 7th response. Jessica (cc’d above)
will work with you to set a meeting as quickly as possible,
but it may be a challenge as my calendar has certainly
filled up since our last correspondence; however, we will
do our best.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

understanding?
Per the exchange below, you had indicated that you

would be willing to meet in late April with members of
the CRB to discuss our joint memorandum of
understanding. (Incidentally, you mentioned that you
were going to loop in your assistant, Jessica, to schedule
the meeting. However, I just realized that I don’t see
her email address included below.)
I wanted to circle back to set up the April meeting. And,

while we are at it, I wanted to see if you’re willing to
also meet in mid-to-late May to finalize our MOU
discussions. I anticipate that our collaborative efforts
might take a couple of sessions to iron out—and some
of the final details may need to wait until our bylaws
(on which we have made substantial progress) are
complete.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?
Thank you for circling back. For ease, I am adding my

assistant, Jessica in this correspondence so that she can
work with you to set up a meeting for late April. My
rationale for late April is that it would give the CRB and
Council an opportunity to firm up the bylaws, thereby
providing a bit more clarity as to what should be included
an in MOU. Hopefully, the timeframe and rationale work
for you.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

understanding?
I just wanted to circle back regarding the email

below. Please let me know when you would like to
meet to discuss the memorandum of understanding
(and our progress, more generally).
Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

To: "Brackney, RaShall"
Subject: Meetings and memorandum of
understanding?
The CRB has begun to find traction on developing a

model and drafting bylaws. As we get down to details,
we want to make sure to keep you informed about our
ideas and to keep open the lines of communication so
you can share your ideas with us. To that end, I’m
wondering whether you would like to meet with a
couple of members of the CRB in mid- to late-March, so
we can talk about our progress and next steps.
At some point, we also need to discuss the details of a

memorandum of understanding between the CPD and
the CRB. I believe you indicated previously that the
drafting of the MOU should follow the drafting of the
bylaws, and I think that makes perfect sense. Please
know that we anticipate completing our first draft of
the bylaws by early April. With that in mind, does it
make sense to get an April meeting on the calendar
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
<Additional emails.pdf>
From: Thomas, Kyna N
To: Walker, Nikuyah; Bowers, Josh
CC: Wheeler, Brian; Murphy, Mike; Council; Blair, John C; Burke, Sarah
Subject: RE: Today's press release about the Police Civilian Review Board
Per Mayor Walker’s request, I have removed the email correspondence from the CRB web page pending further
discussion.
KYNA THOMAS, CMC

434-970-3113
From: Walker, Nikuyah <nwalker@charlottesville.org>

Cc: Wheeler, Brian <wheelerb@charlottesville.org>; Murphy, Mike <murphym@charlottesville.org>; Council
<council@charlottesville.org>; Blair, John C <blairjc@charlottesville.org>; Thomas, Kyna N
<thomaskn@charlottesville.org>
Hi Kyna:
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434)326-8780



Thank you,
Josh

all to hear.
requested clarification about whether she might be available on some other date (day or evening)
during the month of June or before. (Incidentally, I have yet to receive a response to that last email.)
read aloud the entire email exchange about the proposed public June meeting. I anticipate that they
will back up my account.
exchange below. Let the words speak for themselves! (Please notice that I’ve also attached three
related emails that fell off of that exchange; together with the thread below, these emails comprise the
entirety of our exchange about May meetings.)

meeting. Thank you.
Sent from my iPhone
Mr. Bowers,
You’re welcome, I’m sorry but Chief Brackney is not available during May 20-24th if May
29th does not work for you would you be able to send a representative on your behalf
like you previously suggested?
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office
Ms. Downey,
Thanks,
Josh
Sent from my iPhone

wrote:
Mr. Bowers,
Hall Conference on the 2nd floor. I have also blocked off Wednesday May
29th from 1:00-2:00 for you as well for your second meeting with Chief
Brackney, this will also be in the City Hall Conference Room on the 2nd
Floor. If you have any materials you would like Chief Brackney to review
prior to the meeting on the 16th please send them along.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Mr. Bowers,
permits.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288


Sent from my iPhone



That said, if there are materials the CRB would like me to

review prior to our meeting on either the 15th or 16th,
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

understanding?
Dear Ms. Downey,

that I realized Chief Brackney’s oversight in leaving you
off the thread—an oversight that it was in no way my
responsibility to correct. I would have thought you all
might be appreciative of the fact that I discovered your
office’s oversight, rather than admonishing me that I

Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
"Brackney, RaShall"
understanding?
Mr. Bowers,

department.
The Chief wrote you back on March 7th to check to see if
that timeframe worked for you and you had not
meeting. You stated that you have availability May 15th-
17th , the Chief also has some availability those days,
Wednesday May 15th 1:00-2:00, 3:00-4:00 Or Thursday
May 16th 11:00-12:00, 1:00-2:00 or 3:00-4:00. Please let
me know if any of those dates/times work for you. If so
I will secure it on her schedule and we can discuss
adding additional meetings if necessary.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

understanding?
Dear Ms. Downey,

meeting. And, as one of two Board liaisons to the CPD, I
think I should be there.


except April 19. During the month of May, my schedule
is tighter, but I am still available May 1-3, May 10, May
15-17, and May 20-24. And I believe my fellow CRB
liaison, Gloria Beard, is fairly flexible. I hope we can
work out something that works for everyone. And, as I
mentioned previously, I think it makes sense to
schedule two meetings to ensure that we have enough
time and space to hammer out the Memorandum of
Understanding.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

"Brackney, RaShall"
understanding?

11:00-12:00, 1:00-2:00, 3:00-4:00. Or Thursday May 9th
11:00-12:00, 1:00-2:00 or 3:00-4:00. I book meetings
multiple times a day for Chief Brackney so these
dates/times will likely fill up quickly so please respond
as soon as possible so I can secure a date/time for you.
If these dates do not work let me know and I will look at
the following week to see what is available. Also please
send me a list of the individuals that will be in
attendance and I will have temporary name tags made
for them.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

understanding?
Chief Brackney,
I do want to emphasize how important it is that we

have this meeting. Entering into a Memorandum of
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?

included in my March 7th response. Jessica (cc’d above)
will work with you to set a meeting as quickly as possible,
but it may be a challenge as my calendar has certainly
filled up since our last correspondence; however, we will
do our best.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288
understanding?

were going to loop in your assistant, Jessica, to schedule
the meeting. However, I just realized that I don’t see
her email address included below.)
I wanted to circle back to set up the April meeting. And,

while we are at it, I wanted to see if you’re willing to
also meet in mid-to-late May to finalize our MOU
discussions. I anticipate that our collaborative efforts
might take a couple of sessions to iron out—and some
of the final details may need to wait until our bylaws
(on which we have made substantial progress) are
complete.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?

assistant, Jessica in this correspondence so that she can
work with you to set up a meeting for late April. My
providing a bit more clarity as to what should be included
an in MOU. Hopefully, the timeframe and rationale work
for you.
All the best,
Chief Brackney

Chief of Police
Office: 434-970-3288

understanding?

meet to discuss the memorandum of understanding
Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?

couple of members of the CRB in mid- to late-March, so
we can talk about our progress and next steps.

know that we anticipate completing our first draft of
the bylaws by early April. With that in mind, does it
make sense to get an April meeting on the calendar
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Burke, Sarah
To: Thomas, Kyna N
CC: Blair, John C; Bowers, Josh; Council; Murphy, Mike; Walker, Nikuyah; Wheeler, Brian
Just so I understand, you are posting the City’s press release but not Josh’s to our website?
On Fri, Apr 26, 2019 at 6:21 PM Thomas, Kyna N <thomaskn@charlottesville.org> wrote:
Per Mayor Walker’s request, I have removed the email correspondence from the CRB web page pending further
discussion.
KYNA THOMAS, CMC
434-970-3113

Cc: Wheeler, Brian <wheelerb@charlottesville.org>; Murphy, Mike <murphym@charlottesville.org>; Council
<council@charlottesville.org>; Blair, John C <blairjc@charlottesville.org>; Thomas, Kyna N
Hi Kyna:
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434)326-8780
Thank you,
Josh

all to hear.
requested clarification about whether she might be available on some other date (day or evening) during
the month of June or before. (Incidentally, I have yet to receive a response to that last email.)
read aloud the entire email exchange about the proposed public June meeting. I anticipate that they will
back up my account.
exchange below. Let the words speak for themselves! (Please notice that I’ve also attached three related
emails that fell off of that exchange; together with the thread below, these emails comprise the entirety
of our exchange about May meetings.)

meeting. Thank you.
Sent from my iPhone
Mr. Bowers,
You’re welcome, I’m sorry but Chief Brackney is not available during May 20-24th if
May 29th does not work for you would you be able to send a representative on your
behalf like you previously suggested?
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Ms. Downey,
Thanks,
Josh
Sent from my iPhone

wrote:
Mr. Bowers,
Hall Conference on the 2nd floor. I have also blocked off Wednesday
May 29th from 1:00-2:00 for you as well for your second meeting with
Chief Brackney, this will also be in the City Hall Conference Room on
the 2nd Floor. If you have any materials you would like Chief Brackney
to review prior to the meeting on the 16th please send them along.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

<gloriabeard55@yahoo.com>; Burke, Sarah
Mr. Bowers,

permits.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288


Sent from my iPhone



That said, if there are materials the CRB would like me

to review prior to our meeting on either the 15th or 16th,
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

Cc: Beard, Gloria <gloriabeard55@yahoo.com>;
Burke, Sarah <sarahjaneva@gmail.com>; Blair, John C
understanding?
Dear Ms. Downey,

that I realized Chief Brackney’s oversight in leaving
you off the thread—an oversight that it was in no way
my responsibility to correct. I would have thought you
all might be appreciative of the fact that I discovered
your office’s oversight, rather than admonishing me

Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

"Brackney, RaShall"
understanding?
Mr. Bowers,

department.
The Chief wrote you back on March 7th to check to see

if that timeframe worked for you and you had not
meeting. You stated that you have availability May
15th-17th , the Chief also has some availability those
days, Wednesday May 15th 1:00-2:00, 3:00-4:00 Or
Thursday May 16th 11:00-12:00, 1:00-2:00 or 3:00-
4:00. Please let me know if any of those dates/times
work for you. If so I will secure it on her schedule and
we can discuss adding additional meetings if necessary.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

understanding?
Dear Ms. Downey,

meeting. And, as one of two Board liaisons to the


except April 19. During the month of May, my
schedule is tighter, but I am still available May 1-3,
May 10, May 15-17, and May 20-24. And I believe
my fellow CRB liaison, Gloria Beard, is fairly
flexible. I hope we can work out something that works
for everyone. And, as I mentioned previously, I think it
makes sense to schedule two meetings to ensure that we
have enough time and space to hammer out the
Memorandum of Understanding.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

"Brackney, RaShall"
understanding?

11:00-12:00, 1:00-2:00, 3:00-4:00. Or Thursday May
9th 11:00-12:00, 1:00-2:00 or 3:00-4:00. I book
meetings multiple times a day for Chief Brackney so
these dates/times will likely fill up quickly so please
respond as soon as possible so I can secure a date/time
for you. If these dates do not work let me know and I
will look at the following week to see what is available.
Also please send me a list of the individuals that will be
in attendance and I will have temporary name tags
made for them.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

understanding?
Chief Brackney,
I do want to emphasize how important it is that we have

this meeting. Entering into a Memorandum of
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?

included in my March 7th response. Jessica (cc’d
above) will work with you to set a meeting as quickly as
possible, but it may be a challenge as my calendar has
certainly filled up since our last correspondence;
however, we will do our best.
All the best,

Chief Brackney
Chief of Police
Office: 434-970-3288

understanding?

were going to loop in your assistant, Jessica, to
schedule the meeting. However, I just realized that I
don’t see her email address included below.)
I wanted to circle back to set up the April

meeting. And, while we are at it, I wanted to see if
you’re willing to also meet in mid-to-late May to
finalize our MOU discussions. I anticipate that our
collaborative efforts might take a couple of sessions to
iron out—and some of the final details may need to
wait until our bylaws (on which we have made
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?

assistant, Jessica in this correspondence so that she
can work with you to set up a meeting for late April. My
providing a bit more clarity as to what should be
included an in MOU. Hopefully, the timeframe and
rationale work for you.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

understanding?

meet to discuss the memorandum of understanding (and
our progress, more generally).
Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

understanding?

couple of members of the CRB in mid- to late-March,
so we can talk about our progress and next steps.

know that we anticipate completing our first draft of the
bylaws by early April. With that in mind, does it make
sense to get an April meeting on the calendar now to
discuss the memorandum of understanding?
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Burke, Sarah
To: Blair, John C; Council; FOIA; Police Civilian Review Board
Subject: Request for information
Mr. Wheeler:
I am requesting all communications between any employees of the City and/or City Council regarding today’s
press release about the CRB, including any communications (emails, texts, or other written correspondence in
any format) prior to and after the press release was submitted.
Thank you,
Sarah
To: Burke, Sarah
CC: Thomas, Kyna N; Blair, John C; Bowers, Josh; Council; Murphy, Mike; Wheeler, Brian
Hi Sarah:
Staff will be removing the information from the CRB’s webpage too. I was unaware that it was posted on the
webpage.
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434) 326-8780
Clerk of Council - (434) 970-3113



On Apr 26, 2019, at 5:47 PM, Sarah Burke <sarahjaneva@gmail.com> wrote:
Per Mayor Walker’s request, I have removed the email correspondence from the CRB web page pending
further discussion.
KYNA THOMAS, CMC

434-970-3113

Cc: Wheeler, Brian <wheelerb@charlottesville.org>; Murphy, Mike <murphym@charlottesville.org>;
Council <council@charlottesville.org>; Blair, John C <blairjc@charlottesville.org>; Thomas, Kyna N
Hi Kyna:
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434)326-8780

Thank you,
Josh


This afternoon, the City of Charlottesville issued a press release entitled, “Statement on
Police Civilian Review Board.” In that press release, the City accused a member of the
Police Civilian Review Board with “inaccurately characteriz[ing]” email exchanges
between the Board and the Charlottesville Chief of Police, Dr. RaShall
Brackney. Specifically, the press release indicated that—at last Tuesday’s public Board
meeting—the Board member in question had “falsely stated that Chief Brackney refused
to meet or was not available for the entire month of June.”
I am that Board member, and I said no such thing. To the contrary, at the meeting, I
read out loud and word-for-word the entire email exchange between me and Chief
Brackney and her scheduler about the Board’s proposed public June
meeting. Remarkably, the City’s press release attaches this very same email exchange
as evidence that I had somehow mischaracterized the Chief’s words. Frankly, I am at a
loss, trying to understand how I could have misrepresented an exchange that I read
word-for-word, for all to hear.
Beyond reading that exchange aloud, I never said the Chief had categorically refused to
meet with us. I did make clear my opinion that it has been difficult to set up meetings
with her—now and in the past. And I expressed my frustration that the Chief’s
scheduler had rejected every date I had initially proposed for the public June meeting
(that is, any evening between June 10-21). In fact, I specifically said that the Board
should give the Chief another couple of days to respond to my final email, which
requested clarification about whether she might be available on some other date (day or
evening) during the month of June or before. (Incidentally, I have yet to receive a
response to that last email.)
I invite the public and the press to ask anyone in attendance at last Tuesday’s Board
meeting whether I read aloud the entire email exchange about the proposed public June
meeting. I anticipate that they will back up my account.
Indeed, if there has been an incomplete recitation of any email exchange, it is on the part
of the City, which—in its press release—stitched together two separate email threads,
only one of which is complete. Specifically, at the bottom of the addendum to the City’s
press release, the City includes a snippet of an exchange between me and Chief
Brackney concerning the scheduling of private meetings in May. In my opinion, the
snippet makes Chief Brackney look more accommodating than she was. Since I have no
interest in obfuscation or shading the truth, I’ve included the entirety of that email
exchange below. Let the words speak for themselves! (Please notice that I’ve also
attached three related emails that fell off of that exchange; together with the thread
below, these emails comprise the entirety of our exchange about May meetings.)
No city official was at our last Board meeting, so I’m not sure where the City got
its information. But it is quite clear to me that those responsible for this press
release failed to do their homework. I am stunned that the City would issue this
press release before talking with me or another member of the Board. And I am
dismayed that the City has recklessly sullied my professional and personal
reputation, with these allegations of falsehoods. I have demanded that the City
immediately retract its press release. I hope City officials will do the right thing.

Cc: "Brackney, RaShall" <brackneyr@charlottesville.org>,
"gloriabeard55@yahoo.com" <gloriabeard55@yahoo.com>,
If that’s the best we can do, I’ll try to find other folks from the CRB to attend the
second meeting. Thank you.
Sent from my iPhone

wrote:
Mr. Bowers,
You’re welcome, I’m sorry but Chief Brackney is not available during
May 20-24th if May 29th does not work for you would you be able to
send a representative on your behalf like you previously suggested?
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Ms. Downey,
Thank you for booking the first meeting and for your efforts to
book the second meeting. Not sure if you noticed below, but May
29 was not one of the days I listed as available. I did list May 20-
24 as possible dates. Could we schedule a second meeting for one
of those dates?
Thanks,
Josh
Sent from my iPhone
On Apr 11, 2019, at 3:56 PM, Downey, Jessica

<downeyje@charlottesville.org> wrote:
Mr. Bowers,
I have scheduled you for Thursday May 16th from 1:00-
2:00 in the City Hall Conference on the 2nd floor. I have
also blocked off Wednesday May 29th from 1:00-2:00
for you as well for your second meeting with Chief
Brackney, this will also be in the City Hall Conference
Room on the 2nd Floor. If you have any materials you
would like Chief Brackney to review prior to the
meeting on the 16th please send them along.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Cc: Downey, Jessica <downeyje@charlottesville.org>;
Beard, Gloria <gloriabeard55@yahoo.com>; Burke,
understanding?
Mr. Bowers,
Jessica is working to accommodate your requests as my

schedule permits.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288

Cc: Downey, Jessica <downeyje@charlottesville.org>;
Beard, Gloria <gloriabeard55@yahoo.com>; Burke,
understanding?
Can we please put a second meeting on the

calendar now to prevent any confusion going
forward? Thank you.
Sent from my iPhone

I understand the MOU is an important

part of your mission, and it behooves all
of us to work together to ensure your
success. To that end, Jessica is
working to accommodate your requests
as my schedule permits.
As for any assumptions, my March 7,
2019 email ended with “hopefully the
timeframe and rationale work for you” to
which there was no reply for more than
a month. So, I would disagree with the
assentation that you discovered an
oversight in scheduling. Additionally, the
meeting was to be set as an outgrowth
of the bylaws, which would lay the
framework/foundations for any
discussions regarding an MOU. As of
today, I do not have any materials from
the CRB which would assist in that
endeavor.
That said, if there are materials the

CRB would like me to review prior to
our meeting on either the 15th or 16th,
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288
From: Josh Bowers

[mailto:bowers@law.virginia.edu]
Sent: Thursday, April 11, 2019 12:00
PM
To: Downey, Jessica
<downeyje@charlottesville.org>;
Brackney, RaShall
Cc: Beard, Gloria
<gloriabeard55@yahoo.com>; Burke,
Sarah <sarahjaneva@gmail.com>;
Blair, John C
Subject: Re: Meetings and
memorandum of understanding?
Dear Ms. Downey,
I’m surprised by the tone of your

email. It was my assumption, based on
Chief Brackney’s representation, that
we would schedule a late April
meeting. I assumed you would be
contacting me in early April, at latest,
to finalize details, and I did not want to
hound you beforehand with
unnecessary emails or calls. It was
only yesterday, when I hadn’t heard
from you all, that I took the initiative to
contact you. And it was only then that
I realized Chief Brackney’s oversight
in leaving you off the thread—an
oversight that it was in no way my
responsibility to correct. I would have
thought you all might be appreciative
of the fact that I discovered your
office’s oversight, rather than
admonishing me that I should have
called you sooner.
That said, yes, I am free on May 15 and

May 16 at any time, as I previously
indicated.
Thank you,
Josh
Josh Bowers
Professor of Law

580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Thursday, April 11, 2019 at
11:50 AM
To: Josh Bowers
<bowers@law.virginia.edu>,
"Brackney, RaShall"
Subject: RE: Meetings and
Mr. Bowers,
I understand that I was not looped in

original email chain but I am not a
difficult individual to get in touch with,
my contact information is posted on the
city’s website or you could have
simply called the police department.
The Chief wrote you back on March 7th

to check to see if that timeframe
worked for you and you had not
followed up until yesterday April
10th. The May dates and times I
provided are her first availability for
this meeting. You stated that you have
availability May 15th-17th , the Chief
also has some availability those days,
Wednesday May 15th 1:00-2:00, 3:00-
4:00 Or Thursday May 16th 11:00-
12:00, 1:00-2:00 or 3:00-4:00. Please
let me know if any of those dates/times
work for you. If so I will secure it on
her schedule and we can discuss adding
additional meetings if necessary.
Kindest Regards,
Jessica L. Downey
Administrative Assistant to the Chief

of Police
(434) 970-3288 – Office
From: Josh Bowers

<bowers@law.virginia.edu>
AM
To: Downey, Jessica
Brackney, RaShall
Cc: Beard, Gloria
Blair, John C
Dear Ms. Downey,
I mentioned that perhaps other

members of the CRB could attend a
May 7 or May 8 meeting in my place,
if no other meeting date is
available. On second thought, I want
to make plain that I very much wish to
attend the meeting. And, as one of two
Board liaisons to the CPD, I think I
should be there.
I originally contacted your office to set

up this meeting on March 7—over a
month ago. I realize there were some
administrative issues on the CPD end,
that kept you out of the loop. But the
fact remains that this meeting was
supposed to take place in late April, per
I don’t think it’s asking too much to

insist that the meeting take place on a
mutually agreeable date. On my end, I
am available every day for the rest of
April, except April 19. During the
month of May, my schedule is tighter,
but I am still available May 1-3, May
10, May 15-17, and May 20-24. And I
believe my fellow CRB liaison, Gloria
Beard, is fairly flexible. I hope we can
work out something that works for
everyone. And, as I mentioned
previously, I think it makes sense to
schedule two meetings to ensure that
we have enough time and space to
hammer out the Memorandum of
Understanding.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

9:19 AM
To: Josh Bowers
"Brackney, RaShall"
Thank you for reaching out. As you

can imagine Chief Brackney has an
extremely busy schedule the earliest
she is able to meet with you is on
Wednesday May 8th 11:00-12:00, 1:00-
2:00, 3:00-4:00. Or Thursday May 9th
11:00-12:00, 1:00-2:00 or 3:00-4:00. I
book meetings multiple times a day for
Chief Brackney so these dates/times
will likely fill up quickly so please
respond as soon as possible so I can
secure a date/time for you. If these
dates do not work let me know and I
will look at the following week to see
what is available. Also please send me
a list of the individuals that will be in
attendance and I will have temporary
name tags made for them.
Kindest Regards,
Jessica L. Downey
Administrative Assistant to the Chief

of Police
(434) 970-3288 – Office
From: Josh Bowers

Sent: Wednesday, April 10, 2019 5:10
PM
Cc: Beard, Gloria
Blair, John C
<blairjc@charlottesville.org>;
Downey, Jessica
Chief Brackney,
Thank you for your email. And thank

you for doing what you can to set up
the meeting.
I do want to emphasize how important
it is that we have this
meeting. Entering into a Memorandum
of Understanding is central to our
charge, and our terms end at the
beginning of June.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Wednesday, April 10, 2019 at
5:00 PM
To: Josh Bowers
<blairjc@charlottesville.org>,
"Downey, Jessica"
Please forgive the oversight of Jessica’s

email not being included in my March
7th response. Jessica (cc’d above) will
work with you to set a meeting as
quickly as possible, but it may be a
challenge as my calendar has certainly
filled up since our last correspondence;
however, we will do our best.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288
From: Josh Bowers

Sent: Wednesday, April 10, 2019 9:12
AM
Cc: Beard, Gloria
Blair, John C

Per the exchange below, you had

indicated that you would be willing to
meet in late April with members of the
CRB to discuss our joint memorandum
of understanding. (Incidentally, you
mentioned that you were going to loop
in your assistant, Jessica, to schedule
the meeting. However, I just realized
that I don’t see her email address
included below.)
I wanted to circle back to set up the

April meeting. And, while we are at it,
I wanted to see if you’re willing to also
meet in mid-to-late May to finalize our
MOU discussions. I anticipate that our
collaborative efforts might take a
couple of sessions to iron out—and
some of the final details may need to
wait until our bylaws (on which we
have made substantial progress) are
complete.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Thursday, March 7, 2019 at
4:40 PM
To: Josh Bowers
Thank you for circling back. For ease, I

am adding my assistant, Jessica in this
correspondence so that she can work
with you to set up a meeting for late
April. My rationale for late April is that it
would give the CRB and Council an
opportunity to firm up the bylaws,
thereby providing a bit more clarity as to
what should be included an in MOU.
Hopefully, the timeframe and rationale
work for you.
All the best,
Chief Brackney
Chief of Police

Office: 434-970-3288
From: Josh Bowers

Sent: Thursday, March 7, 2019 1:51
PM
Cc: Beard, Gloria
Blair, John C
I just wanted to circle back regarding

the email below. Please let me know
when you would like to meet to discuss
the memorandum of understanding
Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.

Tel: 434.924.3771
Fax: 434.924.7536
From: Josh Bowers

Date: Thursday, February 28, 2019
at 10:18 AM
Subject: Meetings and
The CRB has begun to find traction on

developing a model and drafting
bylaws. As we get down to details, we
want to make sure to keep you
informed about our ideas and to keep
open the lines of communication so
you can share your ideas with us. To
that end, I’m wondering whether you
would like to meet with a couple of
members of the CRB in mid- to late-
March, so we can talk about our
progress and next steps.
At some point, we also need to discuss

the details of a memorandum of
understanding between the CPD and
the CRB. I believe you indicated
previously that the drafting of the
MOU should follow the drafting of the
bylaws, and I think that makes perfect
sense. Please know that we anticipate
completing our first draft of the bylaws
by early April. With that in mind, does
it make sense to get an April meeting
on the calendar now to discuss the
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Burke, Sarah
To: Walker, Nikuyah
CC: Blair, John C; Bowers, Josh; Council; Murphy, Mike; Thomas, Kyna N; Wheeler, Brian
Ok, please let us know if and when you decide we can post those items to our webpage, along with the
reasoning. It isn’t clear to me why these public documents cannot be put on the webpage. But I assume you’re
working through it. Just let us know either way.
On Fri, Apr 26, 2019 at 7:21 PM Walker, Nikuyah <nwalker@charlottesville.org> wrote:

Hi Sarah:
Staff will be removing the information from the CRB’s webpage too. I was unaware that it was posted on the
webpage.
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434) 326-8780
Clerk of Council - (434) 970-3113



On Apr 26, 2019, at 5:47 PM, Sarah Burke <sarahjaneva@gmail.com> wrote:

Per Mayor Walker’s request, I have removed the email correspondence from the CRB web page
pending further discussion.
KYNA THOMAS, CMC
434-970-3113

Cc: Wheeler, Brian <wheelerb@charlottesville.org>; Murphy, Mike <murphym@charlottesville.org>;
Council <council@charlottesville.org>; Blair, John C <blairjc@charlottesville.org>; Thomas, Kyna N
Hi Kyna:
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434)326-8780

Please be aware that I have sent everything below and attached to various media
outlets.
Thank you,
Josh
This afternoon, the City of Charlottesville issued a press release entitled, “Statement on
Police Civilian Review Board.” In that press release, the City accused a member of the
Police Civilian Review Board with “inaccurately characteriz[ing]” email exchanges
between the Board and the Charlottesville Chief of Police, Dr. RaShall
Brackney. Specifically, the press release indicated that—at last Tuesday’s public
Board meeting—the Board member in question had “falsely stated that Chief Brackney
refused to meet or was not available for the entire month of June.”
I am that Board member, and I said no such thing. To the contrary, at the meeting, I
read out loud and word-for-word the entire email exchange between me and Chief
Brackney and her scheduler about the Board’s proposed public June
meeting. Remarkably, the City’s press release attaches this very same email exchange
as evidence that I had somehow mischaracterized the Chief’s words. Frankly, I am at a
loss, trying to understand how I could have misrepresented an exchange that I read
word-for-word, for all to hear.
Beyond reading that exchange aloud, I never said the Chief had categorically refused to
meet with us. I did make clear my opinion that it has been difficult to set up meetings
with her—now and in the past. And I expressed my frustration that the Chief’s
scheduler had rejected every date I had initially proposed for the public June meeting
(that is, any evening between June 10-21). In fact, I specifically said that the Board
should give the Chief another couple of days to respond to my final email, which
requested clarification about whether she might be available on some other date (day or
evening) during the month of June or before. (Incidentally, I have yet to receive a
response to that last email.)
I invite the public and the press to ask anyone in attendance at last Tuesday’s Board
meeting whether I read aloud the entire email exchange about the proposed public June
meeting. I anticipate that they will back up my account.
Indeed, if there has been an incomplete recitation of any email exchange, it is on the
part of the City, which—in its press release—stitched together two separate email
threads, only one of which is complete. Specifically, at the bottom of the addendum to
the City’s press release, the City includes a snippet of an exchange between me and
Chief Brackney concerning the scheduling of private meetings in May. In my opinion,
the snippet makes Chief Brackney look more accommodating than she was. Since I
have no interest in obfuscation or shading the truth, I’ve included the entirety of that
email exchange below. Let the words speak for themselves! (Please notice that I’ve
also attached three related emails that fell off of that exchange; together with the thread
below, these emails comprise the entirety of our exchange about May meetings.)
No city official was at our last Board meeting, so I’m not sure where the City
got its information. But it is quite clear to me that those responsible for this
press release failed to do their homework. I am stunned that the City would
issue this press release before talking with me or another member of the
Board. And I am dismayed that the City has recklessly sullied my professional
and personal reputation, with these allegations of falsehoods. I have demanded
that the City immediately retract its press release. I hope City officials will do
the right thing.

Cc: "Brackney, RaShall" <brackneyr@charlottesville.org>,
"gloriabeard55@yahoo.com" <gloriabeard55@yahoo.com>,
If that’s the best we can do, I’ll try to find other folks from the CRB to attend
the second meeting. Thank you.
Sent from my iPhone

Mr. Bowers,
You’re welcome, I’m sorry but Chief Brackney is not available during
May 20-24th if May 29th does not work for you would you be able to
send a representative on your behalf like you previously suggested?
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Cc: Brackney, RaShall <brackneyr@charlottesville.org>; Beard,
Gloria <gloriabeard55@yahoo.com>; Burke, Sarah
<sarahjaneva@gmail.com>; Blair, John C
Ms. Downey,
Thank you for booking the first meeting and for your efforts to
book the second meeting. Not sure if you noticed below, but
May 29 was not one of the days I listed as available. I did list
May 20-24 as possible dates. Could we schedule a second
meeting for one of those dates?
Thanks,
Josh
Sent from my iPhone

Mr. Bowers,
I have scheduled you for Thursday May 16th from

1:00-2:00 in the City Hall Conference on the 2nd floor.
I have also blocked off Wednesday May 29th from
1:00-2:00 for you as well for your second meeting
with Chief Brackney, this will also be in the City Hall
Conference Room on the 2nd Floor. If you have any
materials you would like Chief Brackney to review
prior to the meeting on the 16th please send them
along.
Kindest Regards,
Jessica L. Downey

(434) 970-3288 – Office

Cc: Downey, Jessica
<downeyje@charlottesville.org>; Beard, Gloria
understanding?
Mr. Bowers,
Jessica is working to accommodate your requests as

my schedule permits.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288
From: Josh Bowers

Cc: Downey, Jessica
<downeyje@charlottesville.org>; Beard, Gloria
understanding?
Can we please put a second meeting on the

calendar now to prevent any confusion going
forward? Thank you.
Sent from my iPhone
On Apr 11, 2019, at 12:52 PM, Brackney,

RaShall <brackneyr@charlottesville.org> wrote:

I understand the MOU is an important
part of your mission, and it behooves
all of us to work together to ensure
your success. To that end, Jessica is
working to accommodate your
requests as my schedule permits.
As for any assumptions, my March 7,

2019 email ended with “hopefully the
timeframe and rationale work for you”
to which there was no reply for more
than a month. So, I would disagree
with the assentation that you
discovered an oversight in scheduling.
Additionally, the meeting was to be set
as an outgrowth of the bylaws, which
would lay the framework/foundations
for any discussions regarding an MOU.
As of today, I do not have any
materials from the CRB which would
assist in that endeavor.
That said, if there are materials the

CRB would like me to review prior to
our meeting on either the 15th or 16th,
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288
From: Josh Bowers
PM
To: Downey, Jessica
Brackney, RaShall
Cc: Beard, Gloria
Blair, John C
Dear Ms. Downey,
I’m surprised by the tone of your

email. It was my assumption, based
on Chief Brackney’s representation,
that we would schedule a late April
meeting. I assumed you would be
contacting me in early April, at latest,
to finalize details, and I did not want
to hound you beforehand with
unnecessary emails or calls. It was
only yesterday, when I hadn’t heard
from you all, that I took the initiative
to contact you. And it was only then
that I realized Chief Brackney’s
oversight in leaving you off the
thread—an oversight that it was in no
way my responsibility to correct. I
would have thought you all might be
appreciative of the fact that I
discovered your office’s oversight,
rather than admonishing me that I
That said, yes, I am free on May 15

and May 16 at any time, as I
Thank you,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

11:50 AM
To: Josh Bowers
"Brackney, RaShall"
Mr. Bowers,
I understand that I was not looped in

original email chain but I am not a
difficult individual to get in touch
with, my contact information is posted
on the city’s website or you could
have simply called the police
department.
The Chief wrote you back on March
7th to check to see if that timeframe
worked for you and you had not
followed up until yesterday April
10th. The May dates and times I
provided are her first availability for
this meeting. You stated that you have
availability May 15th-17th , the Chief
also has some availability those days,
Wednesday May 15th 1:00-2:00, 3:00-
4:00 Or Thursday May 16th 11:00-
12:00, 1:00-2:00 or 3:00-4:00. Please
let me know if any of those
dates/times work for you. If so I will
secure it on her schedule and we can
discuss adding additional meetings if
necessary.
Kindest Regards,
Jessica L. Downey
Administrative Assistant to the

Chief of Police
(434) 970-3288 – Office
From: Josh Bowers

AM
To: Downey, Jessica
Brackney, RaShall
Cc: Beard, Gloria
Blair, John C
Dear Ms. Downey,
I mentioned that perhaps other

members of the CRB could attend a
May 7 or May 8 meeting in my place,
if no other meeting date is
available. On second thought, I want
to make plain that I very much wish to
attend the meeting. And, as one of
two Board liaisons to the CPD, I think
I should be there.
I originally contacted your office to

set up this meeting on March 7—over
a month ago. I realize there were
some administrative issues on the
CPD end, that kept you out of the
loop. But the fact remains that this
meeting was supposed to take place in
late April, per Chief Brackney’s
representation.
I don’t think it’s asking too much to

insist that the meeting take place on a
mutually agreeable date. On my end,
I am available every day for the rest
of April, except April 19. During the
month of May, my schedule is tighter,
but I am still available May 1-3, May
10, May 15-17, and May 20-24. And
I believe my fellow CRB liaison,
Gloria Beard, is fairly flexible. I hope
we can work out something that
works for everyone. And, as I
mentioned previously, I think it makes
sense to schedule two meetings to
ensure that we have enough time and
space to hammer out the
Memorandum of Understanding.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

9:19 AM
To: Josh Bowers
"Brackney, RaShall"
Thank you for reaching out. As you

can imagine Chief Brackney has an
extremely busy schedule the earliest
she is able to meet with you is on
Wednesday May 8th 11:00-12:00,
1:00-2:00, 3:00-4:00. Or Thursday
May 9th 11:00-12:00, 1:00-2:00 or
3:00-4:00. I book meetings multiple
times a day for Chief Brackney so
these dates/times will likely fill up
quickly so please respond as soon as
possible so I can secure a date/time
for you. If these dates do not work let
me know and I will look at the
following week to see what is
available. Also please send me a list
of the individuals that will be in
attendance and I will have temporary
name tags made for them.
Kindest Regards,
Jessica L. Downey
Administrative Assistant to the

Chief of Police
(434) 970-3288 – Office
From: Josh Bowers

Sent: Wednesday, April 10, 2019
5:10 PM
Cc: Beard, Gloria
Blair, John C
<blairjc@charlottesville.org>;
Downey, Jessica
Chief Brackney,
Thank you for your email. And thank

you for doing what you can to set up
the meeting.
I do want to emphasize how important

it is that we have this
meeting. Entering into a
Memorandum of Understanding is
central to our charge, and our terms
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Wednesday, April 10, 2019
at 5:00 PM
To: Josh Bowers
<blairjc@charlottesville.org>,
"Downey, Jessica"
Please forgive the oversight of

Jessica’s email not being included in
my March 7th response. Jessica (cc’d
above) will work with you to set a
meeting as quickly as possible, but it
may be a challenge as my calendar
has certainly filled up since our last
correspondence; however, we will do
our best.
All the best,
Chief Brackney
Chief of Police
Office: 434-970-3288
From: Josh Bowers

Sent: Wednesday, April 10, 2019
9:12 AM
Cc: Beard, Gloria
Blair, John C
Per the exchange below, you had

indicated that you would be willing to
meet in late April with members of
the CRB to discuss our joint
memorandum of
understanding. (Incidentally, you
mentioned that you were going to
loop in your assistant, Jessica, to
schedule the meeting. However, I just
realized that I don’t see her email
address included below.)
I wanted to circle back to set up the

April meeting. And, while we are at
it, I wanted to see if you’re willing to
also meet in mid-to-late May to
finalize our MOU discussions. I
anticipate that our collaborative
efforts might take a couple of sessions
to iron out—and some of the final
details may need to wait until our
bylaws (on which we have made
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536

Date: Thursday, March 7, 2019 at
4:40 PM
To: Josh Bowers
Thank you for circling back. For ease, I

am adding my assistant, Jessica in this
correspondence so that she can work
with you to set up a meeting for late
April. My rationale for late April is that
it would give the CRB and Council an
opportunity to firm up the bylaws,
thereby providing a bit more clarity as
to what should be included an in MOU.
Hopefully, the timeframe and rationale
work for you.
All the best,

Chief Brackney
Chief of Police
Office: 434-970-3288
From: Josh Bowers

Sent: Thursday, March 7, 2019 1:51
PM
Cc: Beard, Gloria
Blair, John C
I just wanted to circle back regarding

the email below. Please let me know
when you would like to meet to
discuss the memorandum of
understanding (and our progress, more
generally).
Thank you.
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Josh Bowers

Date: Thursday, February 28,
2019 at 10:18 AM
Subject: Meetings and
The CRB has begun to find traction

on developing a model and drafting
bylaws. As we get down to details,
we want to make sure to keep you
informed about our ideas and to keep
open the lines of communication so
you can share your ideas with us. To
that end, I’m wondering whether you
would like to meet with a couple of
members of the CRB in mid- to late-
March, so we can talk about our
progress and next steps.
At some point, we also need to

discuss the details of a memorandum
of understanding between the CPD
and the CRB. I believe you indicated
previously that the drafting of the
MOU should follow the drafting of
the bylaws, and I think that makes
perfect sense. Please know that we
anticipate completing our first draft of
the bylaws by early April. With that
in mind, does it make sense to get an
April meeting on the calendar now to
discuss the memorandum of
understanding?
Best,
Josh
Josh Bowers
Professor of Law
580 Massie Rd.
Tel: 434.924.3771
Fax: 434.924.7536
From: Walt Heinecke
To: Council
Subject: CRB
Dear members of Council,
I was shocked, dismayed and disappointed to see the press release from the City about the CRB.
Did council make this decision?
Can you tell me which councilors approved of this PR?
I urge you to retract it. The editing of Bowers emails on their own demand this.
The chief should just commit to

Meeting with the CRB privately and publicly. That ends the controversy. The press release further indicts the CPD as uncooperative
party in the process.
Considering the charge you gave the CRB, I am confused by the city's apparent lack support for the current draft and proposed
structure and funding. They are fulfilling the charge you gave them.
This appears like an effort to pivot from the real issue of massively racially disproportionate stop and frisk and 5 year arrest data. It
also appears to be a way to torpedo the effective model the CRB is proposing. That draft model appears to me to be a match to your
original charge.
This should not be allowed to be turned into a narrative about personalities, e.g., chief vs a couple members of crb. It's about crafting
an institutional solution to racism as it manifests itself in policing. The press release attempted to promote that narrative. Please
correct it. This is bigger than any individual and Chiefs and councils come and go but institutional responses like a CRB are game
changing.
This is increasingly playing out like the HRC in that it originally asked for enforcement authority and the city apparatus watered it
down by first calling for another year of study followed by a second commission's recommendation for enforcement authority which
was watered down by council action in the bylaws and ordinance and subsequently staffing decisions. The effect of this was a HRC
that is still incapable of effectively enforcing anti-discrimination in employment and housing.
Now it seems the CRB is onto an effective way to stem racism

In policing and the city is again in adversarial relationship with a citizen commission getting at the heart of the problem and solution.
It looks like a pattern in which the city machinery intentionally washes out all the intent and potential for justice and fairness. If
someone were to ask me how does institutional racism occur, I would point to these processes that appear to be bureaucratic
machinations but added up to maintaining the status quo. Fairness and justice die by a thousand paper cuts.
Supporting the chief and "giving her a chance to make change" is not mutually exclusive with a strong, independent CRB with
investigatory authority and a budget that allows it to succeed.
But you can say no and interrupt this bureaucratic facade by remaining focused on the charge you gave them, supporting the crb draft
bylaws and funding requests.
You could also do this by, and I would also ask you to extend the members appointments until the end of August. They need to
Be involved in the back and forth between council And board in the finalizing of the bylaws, ordinance and MOU.
Attempts to undermine an effective CRB will further exacerbate mistrust in the community especially marginalized communities.
Incivility is merely people manifesting dissent when they feel they are not being listened to and heard.
Please show the community your commitment to post-2017 equity and justice policy by supporting a permanent, effective,
independent and adequately funded CRB.
Thank you,
Walt Heinecke
Sent from my iPhone

To: Walt Heinecke
CC: Council
Subject: Re: CRB
Walt:
I supported/support the press release and plan to address it publicly in the near future.
Blue Skies,
Nikuyah Walker
Mayor
P.O. Box 911
Phone: (434)326-8780



On Apr 26, 2019, at 9:36 PM, Walt Heinecke <waltheinecke@hotmail.com> wrote:
Dear members of Council,
I was shocked, dismayed and disappointed to see the press release from the City about the CRB.
Did council make this decision?
Can you tell me which councilors approved of this PR?
I urge you to retract it. The editing of Bowers emails on their own demand this.
The chief should just commit to

Meeting with the CRB privately and publicly. That ends the controversy. The press release
further indicts the CPD as uncooperative party in the process.
Considering the charge you gave the CRB, I am confused by the city's apparent lack support for
the current draft and proposed structure and funding. They are fulfilling the charge you gave
them.
This appears like an effort to pivot from the real issue of massively racially disproportionate stop
and frisk and 5 year arrest data. It also appears to be a way to torpedo the effective model the
CRB is proposing. That draft model appears to me to be a match to your original charge.
This should not be allowed to be turned into a narrative about personalities, e.g., chief vs a
couple members of crb. It's about crafting an institutional solution to racism as it manifests itself
in policing. The press release attempted to promote that narrative. Please correct it. This is
bigger than any individual and Chiefs and councils come and go but institutional responses like a
CRB are game changing.
This is increasingly playing out like the HRC in that it originally asked for enforcement authority
and the city apparatus watered it down by first calling for another year of study followed by a
second commission's recommendation for enforcement authority which was watered down by
council action in the bylaws and ordinance and subsequently staffing decisions. The effect of this
was a HRC that is still incapable of effectively enforcing anti-discrimination in employment and
housing.
Now it seems the CRB is onto an effective way to stem racism

In policing and the city is again in adversarial relationship with a citizen commission getting at
the heart of the problem and solution. It looks like a pattern in which the city machinery
intentionally washes out all the intent and potential for justice and fairness. If someone were to
ask me how does institutional racism occur, I would point to these processes that appear to be
bureaucratic machinations but added up to maintaining the status quo. Fairness and justice die by
a thousand paper cuts.
Supporting the chief and "giving her a chance to make change" is not mutually exclusive with a
strong, independent CRB with investigatory authority and a budget that allows it to succeed.
But you can say no and interrupt this bureaucratic facade by remaining focused on the charge
you gave them, supporting the crb draft bylaws and funding requests.
You could also do this by, and I would also ask you to extend the members appointments until
the end of August. They need to
Be involved in the back and forth between council And board in the finalizing of the bylaws,
ordinance and MOU.
Attempts to undermine an effective CRB will further exacerbate mistrust in the community
especially marginalized communities.
Incivility is merely people manifesting dissent when they feel they are not being listened to and
heard.
Please show the community your commitment to post-2017 equity and justice policy by
supporting a permanent, effective, independent and adequately funded CRB.
Thank you,
Walt Heinecke
Sent from my iPhone

From: Rodney Redd
Sent: Monday, October 1, 2018 3:27 PM
To: Breitenbach, Tim; Hendrix, Scott; Powell, Kim
CC: Dr. Irizarry
Subject: Fwd: Tree / drainage concerns
Attachments: IMG_6743.JPG; IMG_6742.JPG; IMG_6741.JPG; IMG_6740.JPG; IMG_6739.JPG;
IMG_6738.JPG; IMG_6737.JPG; IMG_6736.JPG; IMG_6735.JPG
Good afternoon all,
I would like to start this email by saying "Thank you" to the many people that have worked tirelessly to make
this track project a reality. I don't want my following concerns to be mistaken for a lack of appreciation for
what has already been done. I also know that there are financial constraints to any project. Couple that with the
amount of inclement weather that we have seen this Summer and Fall, and it is simply amazing that the facility
looks as good as it does.
As one of the people who has been tasked by the school division to not only be an active part of this process but
to also be a person that will help maintain the facility once it is complete, I feel that it is my duty to point out a
few things that have been brought up before, but are going to be much more difficult to address once the final
surface gets installed.
I do not claim to be an expert. I am basing my opinions of the amount of time spent around athletic
facilities. My opinions have recently been re-enforced by conversations with people who install athletic
surfaces.
I will be as succinct as possible....
Trees
1. There are trees that appear as if they may fall on the track in the near future.
2. There is a great deal of debris that drops daily on the track which will not only make installation of the
surface very difficult, but it may cause safety concerns as organic material continues to drop on the surface and
mixes with precipitation. (The tennis courts are extremely dangerous when there is any precipitation due to the
same thing. Athletes immediately start to fall down and slide when the courts get just a sprinkling of rain.) It
may also damage the surface eventually.
3. There are trees that will have to be removed or trimmed back when light poles are to be installed. (reminder:
until lights are installed, hosting the type of meets that this facility will attract will be extremely difficult and
highly unlikely.)
Water in the D-Zones
1. I realize that there has been record breaking precipitation over the recent months but I am concerned about
the amount of moisture that is sitting in the D-zones of the track. Would it be feasible to look at being able to
add rock dust, crush-run, or some other type of aggregate in these areas to firm the ground up and make it an
area that does not need to be maintained? I have seen this at other facilities in my travels. (I recognize that
there are some environmental parameters that may need to be considered when it comes to adding stone to large
areas but thought I'd ask anyway.)
The reason that I bring all of this up now is that if we indeed are going to have to wait to install the
surface, then the type of work that I am asking questions about may be easier and less expensive if it is
done before the final surface goes in....
Thank you for your time and effort.... please see attached photos...
---------- Forwarded message ---------

From: Rodney Redd <reddr1@charlottesvilleschools.org>
Date: Mon, Oct 1, 2018 at 2:33 PM
Subject: Tree / drainage concerns
To: Rod Redd <reddr1@charlottesvilleschools.org>
Sent from my iPhone
--
Rodney Redd
Director of Student Activities & Athletics
Charlottesville High School
434-245-2621 o. 434-987-6626 c
website: gocville.org twitter: @cville_dsa
This e-mail message, including any attachments, is intended only for the use of the individual or entity to which
it is addressed and may contain information that is privileged and/or confidential. If you are not the intended
recipient or the employee or agent responsible for delivering the communication to the intended recipient,
please notify us immediately by replying to this message and then delete this message from your system. You
are hereby notified that any use, dissemination, distribution and/or reproduction of this message and/or any
attachments by unintended recipients is unauthorized and may be unlawful.

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From: Brackney, RaShall

Sent: Tuesday, April 9, 2019 6:25 PM

Good evening Ms. Burke,

All the best,

RaShall M. Brackney, Ph.D.

Subject: CRB questions for Chief Brackney

Good afternoon Chief Brackney:

Kyna Thomas, CMC

Charlottesville City Council and Police Civilian Review Board -

NOTICE OF SPECIAL MEETING

A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL and the POLICE

THE PROPOSED AGENDA IS AS FOLLOWS:

Review of proposed Bylaws of the Police Civilian Review Board

BY ORDER OF THE MAYOR

BY: Kyna Thomas, Chief of Staff/Clerk of Council

Persons with disabilities may request reasonable accommodations by contacting

Try it free today

On Tue, Apr 9, 2019 at 6:25 PM Brackney, RaShall <brackneyr@charlottesville.org> wrote:

All the best,

RaShall M. Brackney, Ph.D.

Good afternoon Chief Brackney:

From: Sarah Burke [mailto:sarahjaneva@gmail.com]

On Tue, Apr 9, 2019 at 6:25 PM Brackney, RaShall <brackneyr@charlottesville.org> wrote:

All the best,

RaShall M. Brackney, Ph.D.

Good afternoon Chief Brackney:

1 Civilian Review Board 2 Police Auditor

The Executive Director intakes all complaints and

3 Outreach and Engagement

In progress working draft -- not for citation or quotation Overview - Page 1

Meets monthly to review status of on-going complaints as presented by Executive

For complaints in progress:

For review of a finalized Internal Affairs investigation:

• Executive Director intakes and tracks all complaints

In progress working draft -- not for citation or quotation Details - Page 2

Police Auditor - staff position

3 Outreach and Engagement

ED, Auditor, and Board Members will prepare public reports:

In progress working draft -- not for citation or quotation Details - Page 3

The Executive Director intakes all complaints,

The Executive Director tracks all compliants for

The executive Director maintains contact with

Executive Director reports on all

The board can vote to hold a hearing

The board may vote to review the

The Executive Director of Police Oversight plans, organizes, and supervises

The Executive Director is responsible for managing various administrative

The Auditor monitors and reviews internal investigations of CPB complaints

Working off of my spreadsheet, I calculated the following:

• Average budget of oversight boards (~$967,000)

• PROPOSED BUDGET —$180,000 or more.

AVERAGES: 980.229 416,886 $966,531 $162,337,846.03

IV. STRUCTURE & SELECTION

● recommending policies, training, and best practices to the CPD;

V. MEETING & VOTING

VI. POWERS​. ​DUTIES AND FUNCTIONS

ARM 1: Complaints and Internal Affairs

Investigation: T​ he Board shall have the authority to engage in investigation of a complaint, as

- unfounded​, meaning there is no basis of fact to support an allegation of a complaint;

Arm 2:​ ​Auditing and Policy Review

(NEED SOMETHING IN HERE RE: MANDATING ENGAGEMENT OF LOW-INCOME

ADD IN YOUTH ENGAGEMENT

Interim Reports: ​Reports relating to policy recommendations, training

VI. POWERS. DUTIES AND FUNCTIONS

Investigation: T he Board shall have the authority to engage in investigation of a complaint, as

- unfounded, meaning there is no basis of fact to support an allegation of a complaint;

Arm 2: Auditing and Policy Review

Interim Reports: Reports relating to policy recommendations, training

VI. POWERS. DUTIES AND FUNCTIONS

Investigation: T he Board shall have the authority to engage in investigation of a complaint, as

- unfounded, meaning there is no basis of fact to support an allegation of a complaint;

Arm 2: Auditing and Policy Review

Interim Reports: Reports relating to policy recommendations, training