Columbus, Ohio, Issue 2, Civilian Police Review Board and Inspector General Charter Amendment (November 2020)

Columbus Issue 2
Election date November 3, 2020
Topic Local law enforcement
Status a Approved
Type Referral	Origin Lawmakers

A Civilian Police Review Board and Inspector General Charter Amendment was on the ballot for Columbus voters in Franklin, Delaware, and Fairfield counties, Ohio, on November 3, 2020. It was approved.

A "yes" vote supported amending the city charter to create the Civilian Police Review Board with authority to launch and carry out investigations of alleged police misconduct, subpoena testimony and evidence during the investigations, make recommendations to the Division of Police, and appoint and manage the new position of Inspector General for the Division of Police.

A "no" vote opposed amending the city charter to create the Civilian Police Review Board with authority to launch and carry out investigations of alleged police misconduct, subpoena testimony and evidence during the investigations, make recommendations to the Division of Police, and appoint and manage the new position of Inspector General for the Division of Police.

Going into the election, Columbus did not have a police oversight board or commission or an equivalent agency. According to the National Fraternal Order of Police, 20 of the 25 largest city police departments in the U.S. had an oversight board or commission in place as of June 2020.

A simple majority vote was required for the approval of this charter amendment.

Election results

Columbus Issue 2
Result		Votes	Percentage
Yes		271,982	74.43%
No		93,429	25.57%

Results are officially certified.

Source

Measure design

Board membership, funding, and operation

The charter amendment would create the Civilian Police Review Board. The board would consist of an odd number of members that would have to be "representative of the diverse communities within the City of Columbus on the basis of race, sex, sexual orientation, gender identity or expression, religion, disability, ethnicity, age, socioeconomic status, and geographic region."

The charter amendment would guarantee funding for the operation of the board. Once established, the budget for the board could not be reduced unless the overall city budget was reduced and would have to be reduced in an amount proportionate to any overall city budget reduction. The mayor would have to provide notice of a budget reduction.

The charter amendment would also create in the charter the independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board would appoint the inspector general and govern the operation of the inspector general.

Powers and duties of the board

The charter amendment would give the Civilian Police Review Board the responsibility of receiving allegations of misconduct by Columbus police officers. The board would complete investigations of any allegations. The board could also initiate investigations of actions by police officers. The board would be able to request evidence relating to an investigation and the attendance of witnesses. The amendment would require the Division of Police to provide to the board any records related to a board investigation or review if compatible with state and federal law. The board could issue subpoenas of witnesses or evidence with the approval of the city attorney. Following investigations, the board would make recommendations to the Division of Police, including recommendations for disciplinary actions if relevant.

Text of measure

Ballot title

The ballot title for Issue 2 was as follows:

“

The proposed charter amendment asks the electors to create a Civilian Police Review Board. Board members will be chosen to reflect the diversity of the City of Columbus. This board, independent of the Division of Police and led and staffed by civilians, will have the authority to receive and cause the investigation of complaints of officer misconduct. The board will have the power - with some exceptions based on state law, federal law, and labor contracts - to subpoena testimony and evidence during the course of an investigation. The board will also have the authority to initiate complaints and recommend resolutions to complaints and investigations, including discipline. The charter amendment requires the Division of Police to provide to the board records requested by the board in the course of an investigation, with certain exceptions. Sufficient, consistent, and annual funding for the board and their operations, including personnel, is included in the charter amendment as well as a prohibition against a reduction of the board’s budget that is disproportionate in scale to other budgetary reductions. If any budget cuts are made to the board, then specific cause must be provided. The board will develop rules that govern their work and will develop a procedure for how complaints are reviewed. The charter amendment also creates an independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board will reside within this department and the inspector general will both be appointed and governed by the board. The proposed charter amendment asks the electors to create a Civilian Police Review Board. Board members will be chosen to reflect the diversity of the City of Columbus. This board, independent of the Division of Police and led and staffed by civilians, will have the authority to receive and cause the investigation of complaints of officer misconduct. The board will have the power - with some exceptions based on state law, federal law, and labor contracts - to subpoena testimony and evidence during the course of an investigation. The board will also have the authority to initiate complaints and recommend resolutions to complaints and investigations, including discipline. The charter amendment requires the Division of Police to provide to the board records requested by the board in the course of an investigation, with certain exceptions. Sufficient, consistent, and annual funding for the board and their operations, including personnel, is included in the charter amendment as well as a prohibition against a reduction of the board’s budget that is disproportionate in scale to other budgetary reductions. If any budget cuts are made to the board, then specific cause must be provided. The board will develop rules that govern their work and will develop a procedure for how complaints are reviewed. The charter amendment also creates an independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board will reside within this department and the inspector    The proposed charter amendment asks the electors to create a Civilian Police Review Board. Board members will be chosen to reflect the diversity of the City of Columbus. This board, independent of the Division of Police and led and staffed by civilians, will have the authority to receive and cause the investigation of complaints of officer misconduct. The board will have the power - with some exceptions based on state law, federal law, and labor contracts - to subpoena testimony and evidence during the course of an investigation. The board will also have the authority to initiate complaints and recommend resolutions to complaints and investigations, including discipline. The charter amendment requires the Division of Police to provide to the board records requested by the board in the course of an investigation, with certain exceptions. Sufficient, consistent, and annual funding for the board and their operations, including personnel, is included in the charter amendment as well as a prohibition against a reduction of the board’s budget that is disproportionate in scale to other budgetary reductions. If any budget cuts are made to the board, then specific cause must be provided. The board will develop rules that govern their work and will develop a procedure for how complaints are reviewed. The charter amendment also creates an independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board will reside within this department and the inspector    The proposed charter amendment asks the electors to create a Civilian Police Review Board. Board members will be chosen to reflect the diversity of the City of Columbus. This board, independent of the Division of Police and led and staffed by civilians, will have the authority to receive and cause the investigation of complaints of officer misconduct. The board will have the power - with some exceptions based on state law, federal law, and labor contracts - to subpoena testimony and evidence during the course of an investigation. The board will also have the authority to initiate complaints and recommend resolutions to complaints and investigations, including discipline. The charter amendment requires the Division of Police to provide to the board records requested by the board in the course of an investigation, with certain exceptions. Sufficient, consistent, and annual funding for the board and their operations, including personnel, is included in the charter amendment as well as a prohibition against a reduction of the board’s budget that is disproportionate in scale to other budgetary reductions. If any budget cuts are made to the board, then specific cause must be provided. The board will develop rules that govern their work and will develop a procedure for how complaints are reviewed. The charter amendment also creates an independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board will reside within this department and the inspector    The proposed charter amendment asks the electors to create a Civilian Police Review Board. Board members will be chosen to reflect the diversity of the City of Columbus. This board, independent of the Division of Police and led and staffed by civilians, will have the authority to receive and cause the investigation of complaints of officer misconduct. The board will have the power - with some exceptions based on state law, federal law, and labor contracts - to subpoena testimony and evidence during the course of an investigation. The board will also have the authority to initiate complaints and recommend resolutions to complaints and investigations, including discipline. The charter amendment requires the Division of Police to provide to the board records requested by the board in the course of an investigation, with certain exceptions. Sufficient, consistent, and annual funding for the board and their operations, including personnel, is included in the charter amendment as well as a prohibition against a reduction of the board’s budget that is disproportionate in scale to other budgetary reductions. If any budget cuts are made to the board, then specific cause must be provided. The board will develop rules that govern their work and will develop a procedure for how complaints are reviewed. The charter amendment also creates an independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board will reside within this department and the inspector

”

Ballot summary

The ballot summary for this measure was:

“

The proposed charter amendment asks the electors to create a Civilian Police Review Board. Board members will be chosen to reflect the diversity of the City of Columbus. This board, independent of the Division of Police and led and staffed by civilians, will have the authority to receive and cause the investigation of complaints of officer misconduct. The board will have the power - with some exceptions based on state law, federal law, and labor contracts - to subpoena testimony and evidence during the course of an investigation. The board will also have the authority to initiate complaints and recommend resolutions to complaints and investigations, including discipline. The charter amendment requires the Division of Police to provide to the board records requested by the board in the course of an investigation, with certain exceptions. Sufficient, consistent, and annual funding for the board and their operations, including personnel, is included in the charter amendment as well as a prohibition against a reduction of the board’s budget that is disproportionate in scale to other budgetary reductions. If any budget cuts are made to the board, then specific cause must be provided. The board will develop rules that govern their work and will develop a procedure for how complaints are reviewed. The charter amendment also creates an independent Department of the Inspector General for the Division of Police. The Civilian Police Review Board will reside within this department and the inspector general will both be appointed and governed by the board.

”

Full Text

The full text of this measure is available here.

Support

Arguments

• Columbus Councilmember Mitchell J. Brown: "My main focus remains the safety of the residents of the City of Columbus. While I steadfastly support Chief Thomas Quinlan and the members of the Columbus Division of Police, I believe the legislation passed this evening creates necessary policies and structures to increase officer accountability and community trust."

Opposition

Arguments

• Fraternal Order of Police President Keith Ferrell: "The FOP is committed to meaningful change and would welcome the opportunity to work with anyone in the city to ensure our 4,300 law enforcement officers are the model for the nation. The FOP has never received a citizen review board proposal from the Mayor during these times. We look forward to that dialogue and leadership. It is unfortunate that Mayor Ginther feels the need to waste tens of thousands of taxpayer dollars or their time on a charter amendment. We welcome dialogue and to use the collective bargaining process to move forward for everyone, but Mayor Ginther is not out to compromise. Mayor Ginther is out to attack collective bargaining rights, plain and simple."

Background

During the July 27 meeting at which the Columbus City Council approved this charter amendment for the ballot, the city council also approved two other law enforcement-related ordinances. One, Ordinance No. 1817-2020, requires the Division of Police to enact policies prohibiting police officers from affiliating with hate groups and including the prohibition in the oath of office for sworn officers.

The other ordinance, Ordinance No. 1808-2020, sets the following restrictions on no-knock warrants:

• it limits use to instances of suspected high-level felonies,
• it requires the approval of the chief of police (or his/her designee) before execution,
• it requires a minimum of two hours of surveillance before execution,
• it prohibits no-knock warrants if there is a suspicion that minors are on the premises,
• it would establish guidelines for no-knock warrants, and
• require body cameras for any officer executing a no-knock warrant with a tactical operation.

George Floyd death and protests

See also: Policy changes in response to the killing of and protests about George Floyd

On May 25, 2020, Minneapolis police officers arrested George Floyd, a black man, after receiving a call that he had made a purchase with a counterfeit $20 bill. Floyd died after Derek Chauvin, a white officer, arrived at the scene and pressed his knee onto Floyd's neck as Floyd laid face-down on the street in handcuffs. Both the Hennepin County Medical Examiner and an independent autopsy conducted by Floyd's family ruled Floyd's death as a homicide stemming from the incident. The medical examiner's report, prepared by Dr. Michael Baden and Dr. Allecia Wilson, said that it was "not a legal determination of culpability or intent, and should not be used to usurp the judicial process."

Floyd's death was filmed and shared widely, leading to protests and demonstrations over racism, civil rights, and police use of force. The first protests took place in Minneapolis-St. Paul on May 26. A protest in Chicago organized by Chance the Rapper and Rev. Michael Pfleger took place the same day, making it the first major city outside of Minneapolis to host a protest over Floyd's death.

Click here to read more about responses to the killing of and protests about George Floyd.

Related 2020 ballot measures

See also: Local police-related ballot measures following the killing of and protests about George Floyd (November 2020)

Ballotpedia identified 18 local police-related or law enforcement measures on the ballot for November 3, 2020, that qualified following the death of George Floyd. The local ballot measures were on the ballot in nine cities and four counties within six states. The local ballot measures concerned police practices, police oversight boards and auditors, police staffing and funding levels, recordings from police body and dashboard cameras, and other policies.

State	Jurisdiction	Title	Description	Result
California	Los Angeles County	Measure J	Requires that no less than 10% of the county's general fund be appropriated to community programs and alternatives to incarceration	a
California	Oakland	Measure S1	Changes the powers, duties, and staffing of the Oakland Police Commission and creates the Office of Inspector General	a
California	San Diego	Measure B	Replaces the Community Review Board on Police Practices with the Commission on Police Practices that would be appointed by the city council to conduct investigations and subpoena witnesses and documents related to deaths resulting from police interactions and complaints made against police officers	a
California	San Francisco	Proposition D	Creates the Sheriff's Department Oversight Board and the Sheriff's Department Office of Inspector General	a
California	San Francisco	Proposition E	Removes the mandatory police staffing level from the city's charter	a
California	San Jose	Measure G	Authorizes the independent police auditor to review reports and records related to officer-involved shootings and uses of force	a
California	Sonoma County	Measure P	Makes changes to the powers and duties of the Independent Office of Law Enforcement Review and Outreach (IOLERO)	a/ot
Illinois	DuPage County	Law Enforcement Budget Advisory Referendum	Advises the county to continue to consider law enforcement and public safety as its top budgeting priority	a
Illinois	DuPage County	Law Enforcement Injury Risk Training Advisory Referendum	Advises the county to continue to fund and support law enforcement training methods that decrease the risk of injury to officers and suspects	a
Ohio	Akron	Release of Recordings from Police Body and Dashboard Cameras after Use of Force Charter Amendment	Requires recordings from police body and dashboard cameras documenting police use of force that results in death or serious injury to be released to the public	a
Ohio	Columbus	Issue 2	Creates the Civilian Police Review Board to investigate alleged police misconduct, subpoena testimony and evidence during the investigations, make recommendations to the Division of Police, and appoint and manage the new position of Inspector General for the Division of Police	a
Oregon	Portland	Measure 26-217	Establishes a new police oversight board in the city's charter	a
Pennsylvania	Philadelphia	Question 1	Adds language to the Philadelphia City Charter calling on the police department to "eliminate the practice of unconstitutional stop and frisk, consistent with judicial precedent"	a
Pennsylvania	Philadelphia	Question 3	Creates a Citizens Police Oversight Commission to replace the Police Advisory Commission	a
Pennsylvania	Pittsburgh	Independent Citizen Police Review Board Charter Amendment	Requires police officers to cooperate with investigations conducted by the Independent Citizen Police Review Board	a
Texas	Kyle	Proposition F	Amends the city charter to authorize the city council to adopt procedures and a committee to review the police department	a
Washington	King County	Charter Amendment 1	Requires investigations into all police-related deaths and to provide public attorneys to represent the decedent's family in the investigation	a
Washington	King County	Charter Amendment 4	Amends the county charter to authorize the Office of Law Enforcement Oversight (OLEO) to subpoena witnesses, documents, and other evidence in its investigations of law enforcement personnel	a
Washington	King County	Charter Amendment 5	Returns the office of the sheriff from an elected position to an appointed position that is appointed by the county executive and confirmed by the county council	a
Washington	King County	Charter Amendment 6	Gives the county council the authority to specify the duties of the sheriff	a

Path to the ballot

See also: Laws governing local ballot measures in Ohio

The Columbus City Council unanimously approved this charter amendment for the ballot on July 27, 2020, in a vote on Ordinance #1819-2020.

See also

Local measures

• Local measures in 2020
• Local law enforcement on the ballot
• Local charter amendments on the ballot
• Franklin County measures

• Delaware County measures
• Fairfield County measures

Ohio

• November 3, 2020 measures in Ohio
• Local ballot measures, Ohio
• Columbus, Ohio

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

Suggest a link

• Search Google News for this topic
• Franklin County Elections Office website