The City Council finds and declares:
(a)
Community-oriented
policing envisions an environment where law enforcement co-produces
public safety with the community and views police as guardians of
public safety, not warriors;
(b)
Community-oriented
policing relies on development of trust and legitimacy between the
police and the community and this trust building involves being transparent,
promoting procedural justice, and involving the community in policy
setting and oversight of police activities;
(c)
The
establishment of a Public Safety Reform and Oversight Commission will
provide a vehicle to promote, in partnership with the Santa Monica
Police Department (SMPD), the best practices in community-oriented
policing for the fair treatment, safety, and wellbeing of all; and
(d)
The
establishment of a Public Safety Reform and Oversight Commission will
provide a body to work with SMPD, the Santa Monica Police Officers
Association (SMPOA), and experts to develop, recommend, and help implement
proposed reforms for handling complaints regarding SMPD conduct, including
proposed reforms for the intake, review, and investigation of, and
oversight of disciplinary decisions and policies relating to, such
complaints.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 1, adopted 1/11/22)
(a)
Pursuant to Section 1000 of the City Charter, a Public Safety Reform and Oversight Commission is created. The Commission shall consist of eleven members and shall be appointed by the City Council. In addition to the requirements for appointment of commissioners set out in this Section below, the Commission and commissioners shall be subject to all the terms of Article X of the City Charter setting forth procedures for appointment of commissioners, terms, and meetings.
(b)
All
commissioners shall:
(1)
Reside in the City;
(2)
Have a significant commitment to the public safety and wellbeing
of the City and those who reside, work, are students, or own property
in the City; and
(3)
Have knowledge of or experience with law enforcement, public safety
policies and issues, or social services policies and issues.
(c)
At all times, two commissioners shall be individuals who were between the ages of eighteen and twenty-two at the time of appointment. These commissioners shall not be required to have knowledge or experience satisfying subsection (b)(3) above at the time of appointment.
(d)
In addition to the eleven voting commission members, there shall be one additional ex officio non-voting commission member who shall be an individual who meets the criteria set forth in subsections (b) and (e) of this Section and is jointly recommended by the Police Chief and the SMPOA. If the Police Chief and SMPOA cannot agree on a recommendation, this ex officio position shall remain unfilled.
(e)
Persons
holding any paid office or employment in the City government, including,
but not limited to, sworn officers and non-sworn employees of the
SMPD, shall not be eligible to serve as commissioners. Practicing
attorneys who handle, or are members of firms or entities that currently
handle, criminal or civil matters involving the SMPD also shall not
be eligible to serve as commissioners.
(f)
Within
six months of appointment, each commissioner shall participate in
training relevant to providing oversight of law enforcement and to
the understanding of racial justice. Such training shall include participation
in the SMPD Community Academy; a training session of two hours or
less presented by the SMPOA that will address topics including the
rights of police officers under the Police Officers Bill of Rights;
and reasonable additional required training as identified by the Commission,
which may include programs offered by the National Association of
Civilian Oversight of Law Enforcement, the Association of Local Government
Auditors, entities with experience providing racial justice training,
or other similar bodies.
The Commissioners initially appointed to the Commission shall
have until May 31, 2022 to complete the required training. Failure
to complete required training will result in removal from the Commission.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 2, adopted 1/11/22)
(a)
The
Commission shall be supported by an Inspector General, who shall be
a contractor retained by the City Manager's Office but shall report
to and receive direction from the Commission.
(1)
The Inspector General shall be required to satisfy background check
requirements sufficient to enable access to criminal history and other
law enforcement sensitive information as well as SMPD disciplinary
records and personnel files, including the disciplinary records and
personnel files of sworn SMPD officers.
(2)
The Inspector General shall have access to and may review SMPD disciplinary
records and personnel files, including the disciplinary records and
personnel files of sworn SMPD officers, for the purpose of gathering
information regarding compliance with, or violations of, procedures
and policies governing disciplinary investigations and actions. The
Inspector General may gather information from ongoing disciplinary
investigations or actions but will not participate in those disciplinary
investigations or actions. To the extent permitted by State and Federal
law, the Inspector General may disclose information and make reports
to the Commission regarding compliance with, or violations of, procedures
and policies governing disciplinary investigations and actions.
(3)
The Inspector General shall have access to SMPD data and records
regarding uses of force, stops, arrest, convictions, and such other
matters as the Commission may request. To the extent permitted by
State and Federal law, the Inspector General may disclose information
and make reports to the Commission regarding these matters.
(4)
The Inspector General may not disclose to the Commission or third
parties SMPD disciplinary records or personnel files, or information
gathered from the Inspector General's review of such files, except
to the extent permitted by State and Federal law.
(b)
The
SMPD, City Manager's Office, and City Attorney's Office shall assign
staff liaisons to assist the Commission, including to assist in obtaining
City data and information needed by the Commission.
(c)
The
Police Chief or their authorized representative shall be present at
each Commission meeting.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 3, adopted 1/11/22)
The Commission shall have the power and the duty to:
(a)
Review
SMPD policies and practices and make recommendations regarding those
policies and practices to the Police Chief, City Manager, and City
Council.
(b)
The
Commission will not participate in disciplinary investigations, proceedings,
or actions, or sit on promotional boards, and may not make recommendations
regarding the initiation of any individual disciplinary investigation,
the imposition of discipline in any individual disciplinary action,
or any individual promotion. Working through the Inspector General,
however, the Commission may receive information relating to any violations
of procedures or policies in connection with disciplinary investigations,
proceedings, and actions, and make recommendations for changes in
procedures or policies regarding any such violations to the Police
Chief, City Manager, and City Council. The Commission may also refer
individuals to the SMPD to submit complaints through the SMPD's established
procedures for receiving and addressing complaints about the conduct
of SMPD officers, and may provide to individuals information regarding
how to submit such complaints.
(c)
Collaborate
with the SMPD to sponsor and promote ongoing interaction and trust
building between the SMPD and community members, including providing
channels and opportunities for ongoing dialogue between the SMPD and
community members in both organized and informal settings.
(d)
Promote
transparency and availability to the public of SMPD data and records,
to the extent consistent with State and Federal law, and make recommendations
to the City Council regarding potential changes to State and Federal
law to promote transparency.
(e)
Collaborate
with the SMPD and the community to promote restorative justice.
(f)
Evaluate
and make recommendations to the Police Chief, City Manager, and City
Council regarding ideas for implementing best practices in community-oriented
policing and reimagining public safety and wellbeing.
(g)
Review
and make recommendations to the Police Chief, City Manager, and City
Council regarding the proposed budget for the SMPD.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 4, adopted 1/11/22)
(a)
The annual budget prepared by the City Manager and approved by the City Council shall contain such appropriations as the City Council deems necessary and appropriate to fund the Inspector General; enable the Commission to exercise its powers and duties as set forth in Section 2.50.040 above; and provide commissioners with reasonable training required in accordance with Section 2.50.020(e) above.
(b)
Any
donations or grants solicited by the Commission shall be deposited
in a special account in the Special Revenue Fund to be expended only
for the activities of the Commission.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 5, adopted 1/11/22)
The Commission shall coordinate its activities with other Boards
and Commissions and shall consult and maintain contact with groups
and individuals who are concerned with the planning and provision
of oversight regarding law enforcement activities and with groups
and individuals who are concerned with the public safety and wellbeing
of the City and those who reside, work, are students, and own property
in the City.
(Added by Ord. 2662CCS, adopted 1/26/21)
The Commission shall render written reports of its activities
to the City Council not less than once every six months and at such
other times as requested by the City Council. Such written reports
shall be provided to the Police Chief, City Manager, and a designated
representative of the SMPOA at least seventy-two hours before the
Commission meeting at which they are considered for adoption by the
Commission for presentation to the City Council.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 6, adopted 1/11/22)
(a)
In accordance with Section 1002 of the City Charter, of the commissioners first appointed to the Commission:
(1)
The two commissioners between the age of eighteen and twenty-two
when appointed shall classify themselves by lot such that one shall
serve a term expiring on the second succeeding July 1st, and the other
shall serve a term expiring on the fourth succeeding July 1st.
(2)
The other nine commissioners shall classify themselves by lot such
that two shall serve terms expiring on the next succeeding July 1st,
two shall serve terms expiring on the second succeeding July 1st,
two shall serve terms expiring on the third succeeding July 1st, and
three shall serve terms expiring on the fourth succeeding July 1st.
(b)
Within
one hundred eighty days after the first official meeting of the Commission,
the Commission shall prepare and present to the Police Chief, City
Manager, and City Council a set of initial recommendations regarding
proposed reforms for handling complaints regarding SMPD conduct, including
proposed reforms for the intake, review, and investigation of complaints
and the oversight of disciplinary decisions and policies. These recommendations
shall be provided to the Police Chief, City Manager, and a designated
representative of the SMPOA at least seventy-two hours before the
Commission meeting at which they are considered for adoption by the
Commission.
(Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 7, adopted 1/11/22)
