Letter on the Proposed Revision of the Independent Community Policing Review Board Ordinance

The Honorable Alyia Gaskins

Office of the Mayor of the City of Alexandria

City of Alexandria City Council Members

301 King Street

Alexandria, VA 22314

Dear Mayor Gaskins and members of the City Council:

On behalf of the Alexandria Branch of the NAACP, the oldest civil rights organizations in the United States, I stand before you to ask you to vote against the proposed revisions to the Independent Community Policing Review Board (the “Board”) Ordinance. We believe that eliminating the Board’s subpoena and investigatory powers will be a significant step backward in the quest for greater equity. The NAACP remains a strong proponent of police reform and accountability. One of our key proposals is to grant subpoena power to civilian review boards, which allows these review boards to compel witnesses to testify and produce evidence in cases of alleged police misconduct.

On January 22, 2025, the United States Department of Justice (“DOJ”) issued a freeze on all civil rights litigation. The new directive prevents attorneys in the DOJ’s Civil Rights Division from filing any new complaints or court papers until further notice. The move is intended to allow the new administration to review and potentially reconsider police reform agreements, as well as other civil rights cases that were negotiated under the Biden administration. The freeze impacts several police-related agreements entered into with the DOJ. For instance, in December 2024, the DOJ announced a federal oversight agreement with the City of Louisville, KY in the wake of Breonna Taylor’s murder in March 2020. Additionally, in early January 2025, the Civil Rights Division forged a police accountability plan with city leaders in Minneapolis, MN after the police killing of George Floyd in May 2020, which galvanized nationwide protests and lead to legislation in the Commonwealth of Virginia that granted civilian review boards with subpoena power. In light of the Civil Rights Division’s inability to hold local police departments accountable, it becomes incumbent upon our local elected officials and community leaders to help fill that void.

Our review board needs subpoena and investigatory powers to effectively carry out their oversight responsibilities. As noted above, subpoena and investigatory powers allow review boards to compel witnesses to testify and produce evidence. In turn, this ensures that all relevant information is considered, leading to more thorough and accurate investigations. Retaining subpoena power for the Board also empowers us to effectively fulfill our mandate under the ordinance, ensuring we have the necessary tools to address complaints and incidents of alleged misconduct.

Permitting the Board to retain subpoena and investigatory powers also provides a more cost-effective avenue for police oversight. The cost of issuing a subpoena for a policing review board can vary depending on the jurisdiction. For example, in Dallas, TX the cost of implementing reforms for the Citizens Police Review Board, including granting subpoena power, was estimated to cost the city just over $1 million. Conversely, the cost of police misconduct settlements is significantly higher. For instance, the City of Chicago, IL recently agreed to settle four police misconduct cases for approximately $38.25 million. Given the costs of misconduct cases, it would prove prudent for the City of Alexandria to opt for preserving the board’s subpoena and investigatory powers.

We once again respectfully request that you vote against the proposed revisions to the Board’s ordinance. Subpoena power is a critical tool for independent community policing review boards to ensure accountability and transparency, as well as build public trust in the policing system. Moreover, while the costs associated with granting subpoena power

to review boards are not negligible, they are generally lower than the financial impact of police misconduct settlements. Thank you for your time and consideration.

Sincerely,

Darrlynn S. Franklin

Branch President