Henrico supervisors delay formal consideration of civilian review board

The possible creation of a civilian review board for the Henrico Division of Police won’t occur until at least next spring or summer, the Henrico Board of Supervisors concluded during its Dec. 15 meeting.

Varina District Supervisor Tyrone Nelson, who first proposed a CRB in June, Tuesday night introduced a resolution that the board approved unanimously, acknowledging the “need and desirability” for more discussion about the topic. He suggested that he and Brookland District Supervisor Dan Schmitt, who together have had numerous discussions about the concept, continue working through ideas and concerns with county staffers before bringing a detailed proposal back to the board by mid-April. A vote then could occur in June.

A CRB would be designed to provide an oversight mechanism for citizens with complaints about police – and it could have subpoena power.

During its recent special session, the Virginia General Assembly authorized localities to create CRBs with subpoena power, and Governor Ralph Northam signed off on the law. CRBs created under the law couldn't take effect before July 1.

But Nelson pointed out some questions he has about the specific details of the law’s language, including a requirement that a CRB “shall reflect” the community of which it’s part, and suggested a delay so that officials can better evaluate how to create such a board within the legal confines of the law.

Tuckahoe Supervisor Pat O’Bannon went a step further than Nelson, saying that the law might be unconstitutional.

“This legislation is certainly flawed,” she said, adding that it could be “fatally flawed” because it might be impossible for localities to construct boards that exactly reflect their populations, for example.

She praised new Henrico Police Chief Eric English, who she said already has taken steps to examine ways in which the division of police can become more transparent and trustworthy.

O’Bannon suggested that there may be a way for the county to create a review mechanism that isn’t governed by the new state law.

“I don’t trust the General Assembly,” she said, “but I trust Henrico County.”

Schmitt agreed with Nelson that more time is needed to evaluate specifics of a proposed board but said that the concept was a worthy one.

“The need for discussion around this topic exists,” he said. “The need for in-depth review of this topic is called for.”

As he has in the past, Nelson said that his proposal of a CRB doesn’t mean that he is anti-police – just that he believes citizens of the county should have another tool to consider if they have concerns or complaints.

“The community needs to know that there is some available method or mechanism for them if they need it, and for me, that is what this is about,” Nelson said.

Board chair Tommy Branin (Three Chopt District) told his fellow supervisors that the county was approaching the topic with the type of thoughtful effort it requires.

“This is about doing it right,” he said. “We have all said, whatever we do, it must be done right. We have moved, listened, moved, listened, moved listened. Now the next step is let’s look at [the] legality.”