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Home My WebLink About19L - POLICE REVIEW BOARDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: UPDATE ON COUNCIL DIRECTION TO PROVIDE RECOMMENDATION ON THE ESTABLISHMENT OF AN INDEPENDENT REVIEW OR CITIZEN REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES AND POLICIES {STRATEGIC PLAN NO.-S, 11 UTY C RECOMMENDED ACTION 1. Receive and file report. 2. Schedule matter for consideration in 45 days. DISCUSSION NNW _-•:• _e ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER At the April 4, 2017 City Council Meeting, Mayor Pro Tem Martinez agendized above matter as a Council Agenda Item. The City Council directed staff to return in 30 days with recommendations. Subsequently, the Chief of Police announced his separation from the City on April 24th. It is staff's recommendation that the City Council allow staff 45 days to review the various type of police oversight boards, as provided by the City Attorney, and attached as an exhibit and bring forth recommendations for consideration at said time. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item Exhibit A: 19L-1 19L-2 Many cities throughout California have instituted various forms of civilian oversight of law enforcement. (See Table 1 below). There are more than 200 models of police oversight, however, they can be grouped into the three following categories: (1) police auditors, (2) commissions/boards without investigatory powers, and (3) commissions /boards with investigatory powers. Police Auditor /Office of Independent Review/ Inspector General An independent police auditor is responsible for conducting oversight of law enforcement or police functions. The auditor may oversee investigations and advise the police chief on whether and how officers should be disciplined. Additionally, the auditor may review and report to the City Manager on certain investigations and cases on a quarterly basis and issue public reports and statistics with recommendations on practices, procedures, training, and equipment to assist public safety in areas that may need improvement. In the most empowered auditor -based model (Boise, Idaho), the auditor is authorized to direct police staff in the investigation of a citizen complaint. Generally, auditors may request further investigation or begin self - initiated investigation. Depending on the jurisdiction, the auditor may or may not have subpoena powers. Advantages: Police auditors may have access to police personnel records and internal documents and are often permitted to observe internal affairs interviews and sometimes are permitted to submit questions to the internal affairs interviewers. Auditors have more flexibility than a board or commission, as the scope of their duties can be broad or narrowly tailored. Disadvantages: Issues surrounding partiality, i.e., how could the police auditor be independent of the police department and also a confidential advisor to the police chief. Auditors without power to compel evidence may not be able to conduct effective investigations. Police Commission /Citizen Police Review Board Without Investigatory Powers A police commission or board consists of assigned members and reviews police misconduct investigations in order to determine whether they were conducted appropriately and adequately. Members may agree or disagree with findings of the Internal Affairs investigation and may also recommend corrections, additional investigations or officer discipline. Boards or commissions may also provide proposals or recommendations regarding department policies. Advantages: Boards or commissions without investigatory powers are able to produce findings more quickly than an investigatory model. This model also provides an opportunity for residents to be directly involved and have input on police issues. Disadvantages: Large amount of labor and time required of those serving on the board or commission. Members must have some knowledge and training in order to identify problems in complex investigations. Without investigatory power, the board or commission is limited to the evidence and investigation conducted by Internal Affairs. Members may feel obligated to pursue 19L-3 specific agendas or policies. Requires that members listen to all parties and collect all evidence before analysis is conducted. With Investigatory Powers This model also consists of assigned members and has the additional capability to investigate complaints separately and externally from the police department. The board or commission may make findings as a result of such investigation, and thereon make specific recommendations to law enforcement administrators regarding discipline and/or policy. Advantages: Can provide increased public confidence in misconduct investigations and give the community a greater sense of inclusion. Additional oversight to have investigations and findings from an agency other than the police department. Disadvantages: Members must be highly trained and willing to spend a considerable amount of time in order to conduct fair, unbiased and consistent investigations. Substandard investigations can create major problems for the community and police department. Must have the ability to compel evidence (subpoena) and ability to hear testimony from officers. Would require adequate funding to function properly. Issues of due process for police officers being investigated. Best Practices for All Enforcement Models • Ensure cooperation from within the law enforcement agency by developing an oversight process which is credible, reliable, fair, and provides due process • Sufficient time, planning, and coordination must be allotted in order to establish successful oversight • Members of boards and commissions must be adequately prepared and informed about the relevant details of each case, as well as legislation and governing policies • Oversight must function independently • Members who participate must possess integrity and base all decisions on the facts presented • Participants and administrators must be provided with adequate budgets, training, and time in order to provide effective oversight • Review and oversight must be performed with fairness, patience, and compassion for all parties involved • Promote community awareness regarding citizen complaint procedures (where and how to file a complaint) 19L-4 Table 1 v -- --KEW _:�. -__ Mr - m - -- .. Anaheim Public Safety Board Review police 9 residents appointed by budgets, staffing City Manager using levels, service lottery system drawn from delivery mechanisms, 4 neighborhood council policies and practices areas in the City. and critical incidents + (officer involved shootings, in custody deaths, and use of force). External Independent Real time monitoring Auditor of critical incidents and reviews administrative investigations. • Reviews and reports on certain investigations and cases on quarterly basis. • Issues public reports and statistics with recommendations on practices, procedures, training, and equipment. Berkeley Police Review Hears individual 9 Commission complaints • Makes policy recommendations to the City Manager and Chief of Police Burbank Police Commission • Provides civilian 7 oversight of department • Advocates best law enforcement policies 19L -5 Calexico Police Advisory Board Receives citizen 5 complaints • Provides recommendations to department to improve relations with community Claremont Police Commission Reviews and 7 comments on department policies, procedures and practices • Provides forum to address complaints Davis Police Auditor Reviews citizen complaint investigations • Takes citizen complaints Inglewood Citizen Police Oversight • Investigates citizen I I residents Commission complaints Long Beach Citizen Police Complaint • Authority to receive, Commission administer and investigate, through 11 an independent investigator, allegations of police misconduct Los Angeles Board of Police Head of police 5 Commissioners department • Sets overall policy • Implements recommended reforms 19L-6 ;._ ... _ _ .. .___s E; E _a 0111c -o National City Community and Police Provides forum for 8 Relations Commission citizens to voice their concerns about police conduct, practices and policies • Receives and reviews complaints regarding police personnel for alleged misconduct • Recommends appropriate changes to department policies and procedures Novato Police Advisory and Provides for 5 Review Board community participation in department policies, procedures and practices and reviews citizen complaints Oakland Citizens Police Review Investigates, reviews, q members + 3 alternate Board and recommends members disposition of complaints including discipline • Provides reports to City Manager • Recommends policy changes to Public Safety Committee Oceanside Police Commission • Acts as an advisory 2 + alternate capacity to the City Council on policy matters 19L-7 Palo Alto Independent Police Receives citizen 1 Auditor plus support Auditor complaints directly staff • Reviews and assesses citizen complaint investigations of misconduct and internal affairs investigations. • Makes recommendations to police chief regarding further investigation, processes and dispositions • Formally meets with City Manager, Police Chief and City Council to discuss issues Richmond Citizen's Police Review Investigates citizen 9 Commission complaints • Handles appeals from Professional Standards Investigations • Reviews and evaluates policies, practices and procedures Riverside Community Police Independently 9 Review Commission reviews citizen complaint investigations, recommends changes to departmental policy • Conducts independent investigations of citizen complaints Sacramento Police Commission Provides 10 recommendation to the Mayor and City Council 19L-8 San Diego San Francisco San Jose Community Review Reviews and Board on Police Practices evaluates complaints Refers complaints to the Grand Jury, District Attorney, or other governmental agency Submits semiannual reports to the City Manager and City Council Police Commission Oversee the Police Department and the Office Of Citizen Complaints Sets policy Conducts disciplinary hearings on charges of police misconduct filed by the Chief of Police or Director of the Office of Citizen Complaints Imposes discipline • Hears police officers' appeals from discipline imposed • Appoints and regulates Patrol Special Officers and may suspend or dismiss Patrol Special Officers after a hearing on charges filed. Independent Police Ensures all Auditor complaints are classified and investigated Crafts recommendations 19L-9 23 19L -10