Budget Estimate for Civilian Review Board

in Richmond, VA

Recommendations and estimates produced by the Task Force to Establish Civilian Oversight

Overview

Based on best practices from other jurisdictions, the Task Force identified several key positions that
would establish a comprehensive office for Civil Oversight. The of the positions that follows in the
table below will be outlined in greater detail in this document, as well as costs associated with
each12, sample position descriptions3, and rationale for the Task Force’s inclusion of each budget
item and its allotment. Finally, a comparative analysis of this budget in relation to other jurisdictions
is provided at the end of this estimate.

Given the timeline of the work of the Task Force, the time that will be required for City Council to
vote on an ordinance establishing civilian oversight, and the time required to seat a review board
and hire the required positions, we estimate that 6 months of funding will be necessary for FY 2022.

Item Requested Budget

Executive Director (1 full time) $150,000

Investigators (5 full time, 1 part time) $526,400

Auditor (1 full time) $124,000

Policy Analyst (1 full time) $71,500

Outside Legal Counsel $150,000

Mediation ($100/mediation with 40% of complaints mediated) $4,600

Outreach and Support Staff (2 full time) $160,000

Stipend for Board Members ($100/hearing for each member @9 members, $21,600
meeting twice per month)

Total* $1,208,100
(6 month cost for FY 2022) ($604,050)
*Total represents approximately 1.25% of RPD budget

1
Based on either national averages,comparison to similar local positions, or comparable rates in other
jurisdictions. Comparisons will be included for each position listed.
2
Full time positions also include calculation of fringe benefits at 30%.
3
From comparable positions in other jurisdictions.
Executive Director (1 full time)
Cost: $150,000 ($115,000 plus fringe)
Salaries for Directors in the City of Richmond ranged from $80,333 to $145,000 for city
departments4 in 2019. Richmond does not have a directly comparable position. Charlottesville, VA
allocated $150,000 toward an Executive Director position in FY 20215.

Position Description6: “The Executive Director of the Civilian Oversight Commission provides
expert leadership, administration, and technical support to the Commission, including organizing,
planning and coordinating all Commission-related directives, programs, projects, services, and
activities. The Executive Director has particular responsibility to work with the Board, the Inspector
General, County Counsel, the Chief Executive Office, and other members of the community in order
to staff and provide effective administrative support to the Commission.”

Rationale: An executive director is a critical position in overseeing an office for civilian oversight.
Across jurisdictions, this is the most common full time staff member that supports the work of the
commission.

Investigators (5 full time, 1 part time)

Cost: Cost per investigator estimated at $94,000 ($73,000 plus fringe)
There are no comparable positions in the City of Richmond for investigators with this particular
area of expertise. National averages place the median salary of a criminal investigator at $70,0007.
However, positions that are specifically comparable from other jurisdictions often begin
significantly higher than this national average for independent police investigators, for example,
Oakland, CA begins investigators “between $112,707.00/annually - $140,883.00/annually
(commensurate with experience and education)8”, while Seattle, WA offers $79,469.28 -
$119,203.92 annually9 .

Position Description8: “This position will be responsible for assisting the Office of the Independent
Police Auditor in investigating complaints or allegations of police officer misconduct, including but
not limited to officer-involved shootings and in-custody deaths, unnecessary or excessive use of
4
From Richmond, VA
https://data.richmondgov.com/Well-Managed-Government/City-of-Richmond-Employee-Salaries/mgkw-cn
k3/data
5
From Charlottseville, VA
https://www.charlottesville.gov/DocumentCenter/View/166/2021-Fiscal-Year-Proposed-Budget-PDF?bidId
=
6
From New Orleans, LA
http://file.lacounty.gov/SDSInter/dhr/245368_Executive_Director_Civilian_Oversight_Job_Announcement.
pdf
7
https://www.salary.com/research/salary/benchmark/criminal-investigator-salary
8
From Oakland, CA
https://d3n8a8pro7vhmx.cloudfront.net/nacole/pages/24/attachments/original/1616622219/Job_Posting__
8695_Independent_Police_Investigator.pdf?1616622219
9

https://d3n8a8pro7vhmx.cloudfront.net/nacole/pages/24/attachments/original/1570210306/Civilian_Investi
gator_Job_Description_FINAL.pdf?1570210306
force, racial profiling, sexual orientation bias, sexual harassment, the use of deadly force, and
suspicious or wrongful deaths. The position will be responsible for ensuring that all investigations
and associated recommendations are thorough, objective, fair, and completed in a timely manner
that comports with all applicable regulations and statutes. The position will also provide support in
the collection and preparation of data for reporting and will present investigative findings to the
BART Police Citizen Review Board as necessary.”

Rationale: Complaint data from annual reports from RPD and use of force reports from 2017-2020
was used to calculate the number of investigators needed. Data was not available on officer involved
shooting from RPD’s 2017 annual report, however this data was collected and reported by the
Richmond Transparency and Accountability Project.
● 2017- 127 complaints (46 serious complaints) and 8 uses of firearms by officers
● 2018- 142 complaints (79 serious complaints) and 4 uses of firearm by officers
● 2019- 109 complaints (71 serious complaints) and 4 uses of firearms by officers
● 2020- 84 complaints (74 serious complains) and 2 uses of firearms by officers

For officer involved shootings, 5 cases per investigator is aligned with national figures, as these
require substantial time and effort to investigate.. The average number of officer involved shootings
in Richmond over the past four years is 4.5, this would result in a single full time investigator based
on caseload. For other complaints, national averages assume 25 complaints per investigator. With a
four year average of 115 complaints, there would need to be a minimum 4.6 full time for
investigating all complaints against Richmond police officers. In total, to investigate all officer
involved shootings and complaints, 5.6 investigators would be necessary.

Investigators are necessary to conduct investigations that are independent of the police
department, and independence of the civilian oversight body is one of the key issues that the CRB
Task Force was charged with addressing.

Auditor (1 full time)

Cost: Cost estimated at $124,000 ($95000 plus fringe)
Salaries for auditors in the City of Richmond range from $63,000 to $126,324 depending on the
level of oversight of the position. As an independent police auditor, this position would have more
autonomy than auditor comparable auditor positions at the lower end of this range in the City of
Richmond. Looking at the independent auditor position in Fairfax County, VA, the salary range was
posted at $98,199 to $163,665 based on the knowledge and experience of the candidate10.

Position Description11: “Performs professional level administrative and analytic work of

considerable difficulty in a variety of assignments at the Office of the Independent Police Auditor
(IPA) in support of this Office’s mission to provide independent oversight of the citizen complaint

10
From Fairfax county, VA
https://www.fairfaxcounty.gov/boardofsupervisors/sites/boardofsupervisors/files/assets/meeting%20materi
als/committees/2016/sept13-public-safety-police-auditor-job-draft.pdf
11
From San Jose, CA https://www.sanjoseca.gov/Home/ShowDocument?id=35978
process through objective review of police misconduct investigations. Provides analysis,
implementation and evaluation of the citizen complaint process and administration; develops
community outreach, education, and public relations programs, responds to community questions
and concerns, and prepares reports and other documents for presentation to City leaders. May
supervise office staff and/or lower level Analysts, Independent Police Auditor. Performs related
duties as required.

This is the highest level in the Analyst, Independent Police Auditor series that involves the most
difficult and complex assignments in police complaint data analysis and oversight, deals with the
most sensitive issues, and interfaces with the higher levels of community and government officials.
It differs from the Analyst II, Independent Police Auditor in that an incumbent of the latter class
performs less complex assignments, may lead or supervise office staff rather than other
professional staff, and has less responsibility for the most complex analytical issues and programs.”

Rationale: An auditor functions to monitor patterns and trends in data related to policing. This may
include access to sensitive information regarding complaints against police officers, use of force
cases, and analysis of overall trends in policing and crime data in the city. Likewise, the auditor may
make regular reports and presentations on this data to ensure transparency, accountability, and
equity in policing in Richmond.

Policy Analyst (1 full time)

Cost: Cost estimated at $71,500 ($55,00 plus fringe)
Salaries for policy analysts in the City of Richmond range from $77,796 to $82,543. These are both
under the Council Chief of Staff office. Due to the specialized nature of of council policy analysts, this
figure is aligned with national averages for policy analysts12.

Position Description13: “Responsible for auditing existing Austin Police Department policy and
recommending new policy. Accountable for creating policy recommendations informed by
professional oversight evidence-based best practices to provide equitable civilian oversight of the
Austin Police Department.”

Rationale: A policy analyst is necessary for reviewing police policies and procedures,
recommending changes to policy based on issues raised by CRB members, community members, or
based on patterns and trends in data identified by the auditor. Such recommendations are essential
to larger scale changes to the police department that ensure that all Richmonders concerns about
police policies and procedures are addressed.

Outside Legal Counsel

Cost: Cost estimated at $150,000 based on number of complaints received/investigated

12
https://www.payscale.com/research/US/Job=Public_Policy_Analyst/Salary
13
From Austin, TX
https://www.austintexas.gov/sites/default/files/files/Police_Monitor/OPM_Working_Group_FNLReport_FIN
AL_WEB.pdf
Position Description14: “This includes legal counsel’s attendance at all open, closed, and committee
meetings… This would include a significant role in drafting the Commission’s necessary
administrative documentation, including formal bylaws, operating procedures, and policies. In
addition, it is reasonable to assume the Commission’s new investigative staff may require, at least
initially, a greater reliance on legal counsel during their investigations which may not be required to
the same degree as experience is gained over the course of the Commission's first few years.”

Rationale: Due to the sensitive nature of the work of a CRB, there is often the need for those bodies
to access independent legal advice. The nature of the work can create conflicts of interest if the
city’s legal office is used.

Mediation
Cost: Cost per mediation estimated at $100, with 40% of complaints mediated

Position Description15: “All mediation sessions are facilitated by an independent, unbiased third
party mediator. The mediator guides the complainant and the subject officer through a conversation
about the incident that led to the complaint with the goal of reaching a common understanding
between the parties. Mediations are scheduled for one two-hour session.”

Rationale: Mediation is a cost-effective solution to addressing complaints against officers that

results in positive outcomes for both community members and the officers involved in the
mediation process. Data from other jurisdictions that offer mediation services have roughly 40% of
complaints resolved through mediation. Mediation also typically results in more satisfactory results
to both the complainant and the officer involved, with nearly 85% satisfaction rates among
community members and nearly 95% satisfaction rates among officers.

Outreach and Support Staff (2 full time)

Cost: Cost per staff member estimated at $80,000 ($61,500 plus fringe)
Salaries for executive assistants in the City of Richmond range from $35,091 to $71,000. The
estimate is aligned with the scope of duties of these staff members.

Position Description13: “Operates under limited supervision, using independent discretion and
judgment to provide administrative and staff support.” Additionally, “ Responsible for public
relations and social media management. Accountable for creating, publishing and presenting
reports, infographics, press releases and notable items in order to support equitable civilian
oversight of the Austin Police Department.”

14
From San Diego, CA
https://www.sandiego.gov/sites/default/files/19_20_analysis_of_potential_budgetary_needs_for_new_com
mission_on_police_practices_complete_rpt_0.pdf
15
From Washington, DC https://policecomplaints.dc.gov/service/mediation-service
Rationale: As a new program, substantial work will be needed to make the public aware of the
newly formed civilian oversight body. These positions are also necessary for the administrative
record keeping duties of such a body.

Stipend for board members

Cost: Cost estimated at $100/hearing for each member, with 9 members, meeting twice per month
Many other jurisdictions offer stipends to community members who volunteer to serve on civilian
oversight bodies. $100 is a nominal amount to recognize the time and effort of serving on such a
body.

Position Description16:
● “To encourage members of the community to file complaints when they feel they have been
victims of police misconduct
● To encourage all parties involved in a complaint to come forward and present evidence
● To investigate each allegation thoroughly and impartially
● To make objective determinations on the merits of each case
● To recommend disciplinary actions that are fair and appropriate, if, and when, the
investigative findings show that misconduct occurred
● To respect the rights of the civilians and officers
● To engage in community outreach to educate the public about the agency and to respond to
concerns relevant to the agency’s mandate
● To report relevant issues and policy matters to the police commissioner
● To offer civilians and officers the opportunity to mediate their complaints in order to
promote understanding between officers and the communities they serve”

Rationale: Stipends for board members are reflective of the work being conducted by community
members on behalf of the city. These stipends also help ensure that access to participation on the
civilian oversight body is equitable. Offering stipends ensures that individuals with lower incomes
are being paid for their services, that people with children can pay for child care as they are
conducting the work of the board, and can generally help offset the costs of participation in an
important and time consuming task.

Comparative Analysis of Other Jurisdictions

In establishing a budget, the task force was careful to consider best practices in terms of funding,
but also how the funding request compares to other jurisdictions. There are several key elements
that are used to determine budget allocations for civilian oversight models. For example, the
National Association for Civilian Oversight of Law Enforcement suggests 1% of the police
department budget as a standard amount, but recognizes that amount will vary due to community
needs. In practice civilian oversight bodies range from having anywhere from no funding to up to
5% of the annual police budget, though there are large variations in effectiveness based on funding.

16
From New York, NY https://www1.nyc.gov/site/ccrb/about/about.page
Below are comparisons to other oversight agencies. It is important to consider that the number of
sworn officers is often an important budgetary consideration, as larger agencies often have a
greater need for oversight mechanisms.

City Civilian Oversight Percent of Annual Number of Sworn

Budget Police Budget Officers

Portland, OR 11.5 million 5% 792

Oakland, CA 4.3 million 1.5% 986

Richmond, VA 1.2 million 1.25% 750

(proposed) (600k for FY2022)

Charlottesville, VA %150,000 0.8% 126