§ 6.944. Pennsylvania Citizen Law Enforcement Advisory and Review (CLEAR) Commission.
(a) The Commission is established within OSIG, which shall provide administrative support and assistance to the Commission.
(b) Authority and responsibilities.
(1) Review completed internal investigative findings. The Commission is authorized to review covered agencies’ completed internal investigative findings related to allegations and incidents of use of force and bias-based policing in any of the following categories:
(i) Investigations of police-involved shootings resulting in injury or death of civilians conducted by covered agencies.
(ii) A representative, random sampling of investigations of lower-level uses of force resulting in injury or death, including arrest and control techniques, baton strikes and conducted energy weapon deployments.
(iii) Investigations related to allegations of racial or ethnic discrimination and other bias-based policing or external complaints of bias or discrimination during interactions with covered agencies’ law enforcement officers.
(2) Scope of review. The Commission shall review the completed internal investigative findings set forth in paragraph (1) to determine all of the following:
(i) Whether the investigations were prompt, fair, impartial, complete and performed in a manner consistent with applicable policies and regulations.
(ii) Whether the findings and discipline were reasonable under applicable law enforcement protocol, including, but not limited to, the covered agency’s just cause standard, rules and regulations, collective bargaining agreements, past disciplinary precedent, or grievance and arbitration decisions.
(iii) To the extent the review identifies a perceived policy or training deficiency, the Commission shall provide a recommendation to correct the perceived deficiency for consideration by the covered agency.
(3) Methodology of review.
(i) The covered agencies will provide the Commission with a comprehensive written summary and oral presentation of the completed internal investigative findings. The summary shall include a description of all investigative activities, relevant dates, a summary of the facts as determined by the investigation, and criminal and administrative adjudications, excluding all PII, CHRIA information, CJIS information, LES information, non-public information and other information restricted by Federal or State law.
(ii) The Commission’s requests for additional supporting documents shall be limited to information directly related to the investigative findings under review by the Commission and shall be redacted of all PII, CHRIA information, CJIS information, LES information, non-public information and other information restricted by Federal or State law.
(4) Review results and recommendations. The voting members of the Commission, with administrative assistance from OSIG, shall prepare a report of each review and include recommendations based upon its review, if warranted. Recommendations must be approved by a majority of the voting members of the Commission. The covered agency will review the recommendations and, within 60 days of receiving the report, provide the Commission with a written response including what, if any, recommendations it may implement. Nothing shall prevent the covered agency from requesting more time in which to respond to the report, which request may be granted by the chairperson. If recommendations cannot or will not be implemented, the covered agency will provide an explanation.
(c) Prerequisite training for members. Prior to performing any functions as a member of the Commission, each voting member shall complete the following training, including, but not limited to: use of force; stop, search and arrest; traffic enforcement; bias-based policing; internal affairs processes; covered agencies’ discipline procedures (including the disciplinary provisions of collective bargaining agreements and administrative processes, administrative proceedings, and burdens of proof); covered agencies’ rules and regulations for its law enforcement officers; Governor’s Code of Conduct and constitutional law. A voting Commission member who fails to complete the prerequisite training is prohibited from attending covered agencies’ presentations, as well as from reviewing and voting on completed internal investigative findings.
(d) Inappropriate use of information. Commission members shall not use any information obtained from or through the fulfillment of Commission responsibilities for any non-Commission related purpose.
(1) No member of the Commission shall make any individual public statements regarding any deliberations, discussions, debate or review of any of the completed internal investigative findings of the covered agencies or recommendations of the Commission, unless so authorized by the chairperson.
(2) Other than as described in paragraph (3), the chairperson may authorize the use or disclosure of certain information utilized by the Commission under limited circumstances, as the chairperson deems appropriate.
(3) Commission members shall not disclose any confidential or protected information as defined in § 6.943 (relating to definitions) for any purpose.
Cross References This section cited in 4 Pa. Code § 6.943 (relating to definitions); and 4 Pa. Code § 6.947 (relating to duties and responsibilities of the chairperson and executive director).
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