The Evolution and Growth of Civilian Oversight: Key Principles and Practices for Effectiveness and Sustainability

By Michael Vitoroulis, Cameron McEllhiney, Liana Perez

In the 2010s, viral videos of seemingly routine police encounters depicting tragedy have sent shockwaves through both communities and law enforcement agencies across the country, setting off a national conversation on the relationship communities have with law enforcement. At the national level, these encounters have coincided with reduced public confidence in American policing, particularly among youth and minority populations. While low levels of trust have existed in certain communities throughout history, the most recent wave of high-profile incidents has prompted widespread calls to meaningfully address issues of community concern, such as officer-involved shootings and excessive force, discriminatory policing, aggressive crime fighting strategies, and accountability for misconduct. Across the nation, law enforcement leaders, academics, and government officials have seemingly reached a consensus that addressing such issues with a focus on public trust and legitimacy is integral to fair and effective public safety in an increasingly diverse nation. The response by governments, law enforcement executives, community groups, and technical advisors to the challenge of mending police-community relations has been significant. In the aftermath of unrest in Ferguson, Missouri, and elsewhere, then President Barack Obama established the Task Force on 21st Century Policing to identify policing practices that promote public safety and build community trust in law enforcement. The Final Report of the President’s Task Force on 21st Century Policing, published in May 2015, offered several recommendations, including many relating to public trust, procedural justice, and legitimacy; accountability and transparency; community policing efforts; and the inclusion of community members in policy development, training programs, and review of force incidents. In addition, the task force’s report recommended that civilian oversight of law enforcement be established in accordance with the needs of the community and with input from local law enforcement stakeholders.4 Civilian oversight of law enforcement can contribute significantly to the implementation and institutionalization of many of the task force’s recommendations and further the development of public trust, legitimacy, cooperation, and collaboration necessary to improve police-community relations and enhance public safety. At its core, civilian oversight can be broadly defined as the independent, external, and ongoing review of a law enforcement agency and its operations by individuals outside of the law enforcement agency being overseen. Civilian oversight may entail, but is not limited to, the independent investigation of complaints alleging officer misconduct, auditing or monitoring various aspects of the overseen law enforcement agency, analyzing patterns or trends in activity, issuing public reports, and issuing recommendations on discipline, training, policies, and procedures. Taken together, these functions can promote greater law enforcement accountability, increased transparency, positive organizational change, and improved responsiveness to community needs and concerns. By acting as an independent and neutral body reviewing the work of the law enforcement agency and its sworn staff, civilian oversight of law enforcement offers a unique element of legitimacy that internal accountability and review mechanisms simply cannot. Similarly, a civilian oversight agency’s impartiality, neutrality, and adherence to findings of fact can alleviate officer skepticism in internal systems and bolster procedural fairness within the law enforcement agency as a whole. The organizational structure and authority of civilian oversight agencies in the United States varies widely. While civilian oversight agencies can be broadly categorized into review-focused, investigation-focused, or auditor/ monitor-focused models, no two oversight agencies are identical. Effective civilian oversight systems will reflect the particular needs of their local partners and incorporate feedback from community members, law enforcement and their unions, and government stakeholders in order to achieve the most sustainable and appropriate structure. As the field of civilian oversight grows in sophistication, cities are frequently combining various aspects of traditional oversight models to produce hybrid forms best suited for their local context. As a whole, this report, the nine case studies, and the online toolkit are part of NACOLE’s work to expand, improve, and assist civilian oversight of law enforcement efforts throughout the country. This work provides comprehensive guidance for oversight practitioners, law enforcement, community organizations, and local officials to further develop effective civilian oversight. Additional research, guidance, and understanding will be necessary as the field of oversight continues to evolve and grow.

Washington, DC: Office of Community Oriented Policing Services. 2021. 34p.