Duties; prohibited review.
Richmond, Va., City Code § 2-1440
in effectSec. 2-1440. - Duties; prohibited review.
(a) The Board shall perform the following duties in accordance with the policies and procedures established pursuant to this division:
(1) Review all investigations conducted by the Department of Police regarding:
a. Police officer involved shootings.
b. Deaths of persons while held in the custody of the Department of Police.
c. Serious injuries to persons while held in the custody of the Department of Police.
d. Accusations of physical or verbal abuse by officers of the Department of Police.
e. Appeals by citizens of a finding or decision of the Department of Police.
(2) Review all investigations set forth in Subsection (a)(1) of this section after final disposition by the Department of Police, but before any discipline is imposed, to ensure the accuracy, completeness, and impartiality of such investigations and the sufficiency of any discipline proposed by the Department of Police resulting from such investigations.
(3) If the Board determines that, in order to carry out the duties set forth in this division, it must obtain information aside from any records or information furnished by the Department of Police, conduct independent investigations of the matters set forth in Subsection (a)(1) of this section. Such independent investigations shall comply with all existing Federal, State, and local law, including, but not limited to, the Law Enforcement Officers Procedural Guarantee Act and protections afforded under the United States Supreme Court decision in Garrity v. New Jersey, 385 U.S. 493 (1967). In conducting such independent investigations, the Board may:
a. Conduct interviews of witnesses and request the production of books, papers, and other evidence necessary to perform its duties.
b. If, after making a good faith effort to obtain, voluntarily, the attendance of witnesses to interviews and the production of books, papers, and other evidence necessary to perform its duties, the Board is unable to obtain such attendance or production and subject to an affirmative vote of at least six members of the Board, apply to the Circuit Court of the City of Richmond for a subpoena compelling the attendance of such witness or the production of such books, papers, and other evidence, as permitted by Code of Virginia, § 9.1-601(D).
c. Contract with a third-party investigator, subject to:
1. An affirmative vote of a majority of the members of the Board;
2. The availability of sufficient funds appropriated for such purpose; and
3. Compliance with Chapter 21.
(4) After the completion of any and all reviews or investigations undertaken in accordance with this division, provide the Council, the Mayor, and the Chief of Police with a written report of the Board's findings and, as the case may be, the written report of the findings of a third-party investigator. Such findings may include recommendations for disciplinary actions or changes to law enforcement practices, policies, and procedures. The Board's written report and findings shall not be disclosed until all criminal and civil proceedings have concluded.
(5) At the conclusion of all investigations and all criminal and civil proceedings, publish on the City's website a summary of the Board's findings and recommendations for each matter reviewed or investigated by the Board. Such summary shall be approved as to form by the City Attorney and exclude personal identifying information or other information prohibited or exempted from disclosure pursuant to Code of Virginia, § 16.1-301, or other applicable law. Any statement provided by a police officer pursuant to the United States Supreme Court decision in Garrity v. New Jersey, 385 U.S. 493 (1967) shall remain confidential, but the summary may disclose whether the officer admitted or denied the allegations.
(6) Maintain the confidentiality of records obtained in accordance with this division to the extent permitted or required by law. Prior to the release of any information, records, or reports by the Board, the City Attorney shall review any and all records obtained by the Board to redact any information:
a. Related to a juvenile in accordance with Code of Virginia, § 16.1-301;
b. Involving statements that may compromise the identities of confidential informants or undercover officers; or
c. Prohibited or exempted from disclosure by law.
(7) To undertake any other duties as may be reasonably necessary for the Board to effectuate its purpose as set forth in this division.
(b) The Board shall not review or shall suspend its review of the following:
(1) Investigations completed by the Department of Police 60 days or more before all of the initial members of the Board were appointed.
(2) Investigations conducted by the Department of Police involving matters that are under or subject to an active criminal investigation or proceeding against any police officer. In such cases, the Board shall defer its review until the criminal investigation or proceeding has been dismissed or concluded as a matter of law. In the event that a criminal investigation or proceeding is initiated during review, the Board shall suspend its review until the investigation or proceeding is concluded as a matter of law.
(3) Matters that are the subject of pending civil proceedings while those proceedings are pending, provided that the City Attorney must determine whether a civil proceeding is pending and when that civil proceeding is resolved. In the event that a civil claim is initiated during review, the Board shall suspend its review until the civil claim is concluded as a matter of law.
(4) Any financial or procurement decisions made by the Department of Police.
(Code 2020, § 2-1202.3; Ord. No. 2022-261, § 1, 10-10-2022)
Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH2AD_ARTVBOCOCOOTAG_DIV21CIREBO_S2-1440DUPRREFetched: 11/8/2026