HomeMy WebLinkAboutPRESENTATION - 65D
65D Informational ReportPolice Oversight 1 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Executive Summary 2 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D feedback.community engagement to seek preliminary Conduct –findings.feedback relating to the Sheriff’s Advisory Council and share the Orange County Sheriff’s Department to seek Contact
–police oversight models from comparably sized cities.Review –powers.powers and those without investigatory an overview of police oversight models with investigatory Provide –City Council
directed staff as follows:The •Frameworks–modelsof different Overview –Best practices–police oversight models Examples and overview of –oversight:report relating to police staff presented
an informational 2020, 15, On September •3 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D establishing or revitalizing police oversight.local governments interested in (NACOLE)’s resources and guidance for Oversight of Law EnforcementNational Association of Civilian to
information relating also shares report This •4 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Discussion 5 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D over law enforcement agencies. serve as a source of external oversight oversight mechanisms typically Police •.performance and accountabilitypurpose is to improve law enforcement
law enforcement officer conduct, whose “civilian oversight”) is a form of oversight of oversight (also referred to as Police •What is Police Oversight?6 December 15, 2020City Manager’s
OfficePolice Oversight Informational Report-
65D databasesto police evidence records and electronic Access –investigationsto conduct independent Ability –authoritybudgetary Substantial –that report to the citizen time staff of
lawyers, investigators, and policy analysts ‐full–following:include the may More “organizationally complex” mechanisms •on a volunteer serves Board/Commission –authorityor no budgetary
Often has little –Internal Affairs Divisionconducted by the police agency's the findings of investigations Board/Commission reviews –the following:consist of “Simplest” mechanisms •Examples
7 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D .making recommendations for improvementchange by conducting systematic reviews of police policies, practices or training, and open internal investigations. This model often seeks
to promote broad organizational in some cities that use this model, auditor/monitors may actively participate in or monitor including patterns in the quality of investigations, findings,
and discipline rendered. Further, focuses on examining broad patterns in complaint investigations model: Auditor/monitor •community communication.-facilitate policeheads this model,
and they may hold public meetings to collect community input, and investigations be conducted. A review board composed of citizen volunteers commonly made to police executives regarding
findings, or there may be a request that further reviewing the quality of police internal affairs investigations. Recommendations may be concentrates on commenting on completed investigations
after model:focused -Review•police civilian investigators.-staffed by nonagainst police officers, which may replace or duplicate police internal affairs processes, involves routine,
independent investigations of complaints model: focused -Investigation•Oversight NACOLE’s Classifications of Police 8 December 15, 2020City Manager’s OfficePolice Oversight Informational
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65D function properly. ability to hear testimony from officers. Would require significant and adequate funding to The board or commission must have the ability to compel evidence (subpoena)
and the investigations can create significant problems for the community and police department. amount of time to conduct fair, unbiased, and consistent investigations. Substandard
Members must be highly trained and willing to spend a considerable –Disadvantages•investigations and findings come from an agency other than the police department.and give the community
a greater sense of inclusion. Provides additional oversight as Ability to provide increased public confidence in misconduct investigations –Advantages•specific recommendations to administrators
regarding discipline and/or policy.The board or commission may make findings because of such investigations and make seen in organizations who have a history of serious patterns and
practices of misconduct. complaints separately and externally from the police department. This model is generally This model consists of assigned members who have the additional authority
to investigate •) PowersSubpeonaInvestigatory (Police Oversight with 9 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D )$767,798 (salaries and benefits are approximately $599,000Annual Operating Budget: •Office Specialist–Police Review Commission Investigator–Police Review Commission Officer–time
employees:-Three fullStaff:•Council.Berkeley residents are appointed by the Berkeley Mayor and City Nine Membership:•as may be necessaryTo adopt rules and regulations and develop such
procedures for its own activities and investigations –To exercise the power of subpoena–Manager in connection therewith as the commission in its discretion deems advisablesuch advice
relating to departmental policies and procedures to the City Council and the City and fully and completely investigate said complaints and make such recommendations and give To receive
complaints directed against the Police Department and any of its officers and employees, –law enforcement generallyother law enforcement agencies and intelligence and military agencies
operating within the City, and procedures of whatever kind and without limitation, in relation to the Berkeley Police Department, To review and make recommendations concerning all written
and unwritten policies, practices and –To advise and make recommendations to the public, the City Council, and the city manager–Scope of Authority / Responsibility: •Focused Model-InvestigationClass
ification: •Police Review CommissionPolice Oversight Mechanism Name: •Example: Berkeley, CA 10 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D pursue specific agendas or policies. investigation conducted by Internal Affairs. Members may feel obligated to investigatory powers, the board or commission is limited to the evidence
and and training to identify problems in complex investigations. Without serving on the board or commission. Members must have some knowledge A large amount of labor and time is required
for those –Disadvantages •on policy issues.provides an opportunity for residents to be directly involved and have input produce findings more quickly than an investigatory model. This
model also Boards or commissions without investigatory powers can –Advantages •proposals or recommendations regarding departmental policies.investigation and may make recommendations.
This type may also provide adequately. Members agree or disagree with findings of the internal affairs investigations to determine whether they were conducted appropriately and This
model consists of members who review police misconduct •) PowersSubpeonaInvestigatory (without Police Oversight 11 December 15, 2020City Manager’s OfficePolice Oversight Informational
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65D )$125,000 (funds the professional services agreement with the OIR GroupAnnual Operating Budget:•assigned as part of their roles’ areas of responsibility.Anaheim Police Department
(Internal Affairs Lieutenant) support the Police Review Board. This task is Two liaisons, one from the City Manager’s Office (Senior Administrative Analyst) and one from the Staff:•with
one member selected from the city at large. Seven Anaheim residents are selected by lottery from each of the city’s six districts, along Membership:•Produce a publicly available annual
report.–Audit existing police policies.–Hear about police training and practices.–Review some police policy recommendations prior to adoption.–Vote on and offer findings on Anaheim
Police Department responses to OIR Group recommendations.–Consider and approve policy recommendations made by OIR Group.–Independent Review (OIR) Group for review and response.Receive
community complaints and concerns and refer them to Anaheim’s city manager, Anaheim Police, or Office of –involved shootings, uses of force, complaints, and outcomes.-Publish statistics
on officer–worn camera footage.-Receive private briefings on major incidents, including access to body–involved shootings.-time notification of and access to the locations of officer-Receive
real–Scope of Authority / Responsibility: •Focused Model and Auditor/Monitor Model)-Hybrid (ReviewClassification: •Police Review BoardPolice Oversight Mechanism Name: •Example: Anaheim,
CA 12 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D $264,541Annual Operating Budget: •the commission.Manager’s Office and Riverside Police Department support City Attorney’s Office, City Staff from the Staff:•Nine (9) Riverside residents
are appointed by the Mayor and City Council.Membership: •Submit an annual report to the City Council.–Advise the city manager regarding the performance of said staff.–Recommend to the
city manager the provision of such staff as is necessary to carry out the commission’s duties.–Review and investigate the death of an individual arising out of or in connection with
actions of a sworn police officer.–Submit written findings to the city manager and police chief.–Administer oaths to witnesses and take testimony.–Review and advise the Police Department
in matters pertaining to police policies and practices.–affirmative vote of six commissioners.Subpoena and require the attendance of witnesses and the production of records pertinent
to the investigation upon the –Conduct hearings into allegations of police misconduct.–Review and investigate all citizen complaints.–Receive complaints of alleged misconduct.–Conduct
public outreach to educate the community on the purpose of the commission.–Advise the Mayor and City Council on all police/community relations issues.–Scope of Authority / Responsibility:
•Focused Model-InvestigationClassification:•Community Police Review CommissionPolice Oversight Mechanism Name:•Example: Riverside, CA 13 December 15, 2020City Manager’s OfficePolice
Oversight Informational Report-
65D OCSAC does not provide police oversight.•of duty. to the families of law enforcement officers killed in the line as tools and equipment, or to provide financial assistance County
to seek public and private funding for items such support local law enforcement agencies in Orange profit organization to -was formed in 1979 as a nonThe Orange County Sheriff's Advisory
Council (OCSAC) •Advisory CouncilOrange County Sheriff’s Department’s Sheriff’s 14 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Survey 15 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D the survey. completed In total, 597 respondents •survey was offered in English, Spanish, and Vietnamese. The •coalition of neighborhood associations. Link Board, a citywide -, staff
presented to the ComAdditionally•tool). the City’s email newsletter campaign —tool, and Constant Contacta press release communications —, the City website, Nextdoorincluding Facebook,
Instagram, Twitter, and —(social mediasummary, the survey was shared using the City’s digital tools In •continuous feedback loop between the community and the City. of what could be
a robust community engagement initiative with a data and serves as the beginning preliminary The survey represents •Survey 16 December 15, 2020City Manager’s OfficePolice Oversight
Informational Report-
65D I am...None of the AboveSanta AnaEmployed inContractor/VendorBusiness OwnerResident 6005004003002001000 331261840533 Santa Ana residents.as identified -percent of respondents 89.3
17 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D NoYes Department alleging police misconduct?Do you know how to file a citizen complaint with the Santa Ana Police 428169 misconduct.complaint with the Santa Ana Police Department
alleging police not know how to file a citizen respondents do percent of 76.7 18 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Strongly AgreeAgreeNeutralDisagreeStrongly Disagree Police oversight is needed in Santa Ana.339101593662 agree that police oversight is needed in Santa Ana.strongly agree or either
percent of respondents 72.5 19 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Strongly AgreeAgreeNeutralDisagreeStrongly Disagree Police oversight will positively affect public safety in Santa Ana.320113614063 police oversight will positively affect public
safety in Santa Ana.strongly agree or agree that either percent of respondents 72.6 20 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D )(government and elected officialsSupport by stakeholders•peace officer rightsIncreased protection of •staffing/personnel)(budget for technology advancements and Increased resources•access
to public recordsUnfettered •interests)(independent of police, elected officials, and special Independence•Santa Ana Police Departmentbetween members of a police oversight body and
the Open communication•police data on stops, searches, and arrests)custody deaths, -involved shootings/ in-regarding complaint handling, officer(analyze and report on patterns Use of
statistical pattern analysis•and other related issues)and groups through community outreach on policies, procedures, training, (obtain input from a range of community members Community
outreach•by the public upon request)(prepares and provides reports and audits that are accessible Transparency•oversight mechanism:nine priorities selected by respondents to be prioritized
by the police police oversight were to be implemented in Santa Ana, below are the top If 21 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Auditor/MonitorReview-FocusedInvestigation-Focused most effective in Santa Ana?Which of the above three models of police oversight do you think would be 247135215 effective?Which
of the above three models would be most 22 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Law Enforcement)Oversight of Association of Civilian (National NACOLE 23 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D and approaches to ensuring constitutional policingStrategies –of evaluation and assessmentModels –Methodologies–enforcement oversightbasic philosophy, principles, and objectives
of law The –oversight, including, but not limited to:The guidebook addresses many important topics in police direct their efforts to establish or strengthen police oversight. guidance
document is a tool for communities to help •Revitalized Police Oversight. the Implementation of New or for prepared a Guidebook NACOLE, in collaboration with the U.S. Department of
State, •24 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Options 25 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D no action.3..additional informationoversight topics and return to the City Council with staff to conduct additional research on police Direct 2..Council with additional informationpolice
oversight mechanisms and return to the City staff to evaluate one or more of the presented Direct 1.:this matterThe City Council has the following options relating to •26 December 15,
2020City Manager’s OfficePolice Oversight Informational Report-
65D ActionRecommended 27 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D direction to staff. Accept informational report and provide •28 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-
65D Questions?29 December 15, 2020City Manager’s OfficePolice Oversight Informational Report-