This chapter supplements the provisions of Section 816 of the charter to strengthen the relationship between the Santa Barbara Fire Department and Police Department with the community by providing transparent oversight and increased civilian input regarding departmental policies, practices, and procedures.
(Ord. 6087, 2022)
A. 
The Fire and Police Commission shall be composed of five members to be appointed as provided in City Charter Sections 802 and 816.
B. 
In determining the desirable qualifications of the members of the Commission, the City Council intends to promote diversity, fairness and equity among the Commission's membership by assuring it is inclusive and reflective of life and professional experience, race, ethnicity, age, gender identity, sexual orientation, ability, economic status, neighborhoods, and various communities of interest in the City. Toward that end, in soliciting applications for the position of a Commission member, the City Administrator's Office shall reach out to civic, community, and civil rights organizations, among others to leverage their expertise, outreach, and representation of cross-sections of the community.
C. 
The City Council will also take into consideration a member's personal or professional experience, or both, that will garner the confidence and trust of the Santa Barbara community, including relevant lived experience, demonstrated community standing, demonstrated history of collaborative working relationships with local government entities and/or nonprofit organizations, and relevant academic research or professional experience.
D. 
The following persons shall not be eligible to serve as a Commissioner:
1. 
Any individual or attorney who represents a person or entity with a pending claim or lawsuit against the Fire or Police Department, or any of their officers or employees; or
2. 
Any current or former law enforcement officer or firefighter, or where relevant or comparable any member of the public, who has a sustained finding of serious misconduct made by any law enforcement agency, independent investigator contracted by a public agency, or court as follows:
a. 
Unreasonable or excessive force or an unjustified officer involved shooting.
b. 
Failed to intervene against another officer using force that is clearly unreasonable or excessive.
c. 
Engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings and gestures involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
d. 
Made an unlawful arrest or conducted an unlawful search.
e. 
Committed sexual assault involving a member of the public.
f. 
Dishonesty directly related to the reporting, investigation, or prosecution of a crime or an investigation of misconduct by another officer.
3. 
The City Council will be guided by the provisions of subsection B of Section 3.16.070 in the consideration of appointments to the Commission.
(Ord. 6087, 2022)
The City Administrator's Office and City Attorney's Office will create and facilitate trainings or retain appropriate expertise to do so including that of community-based leaders and organizations, and coordinate with the F & P Commission on a training calendar. Trainings may be delivered during public meetings to maximize educational opportunities with members of the public.
Within nine months of appointment, or as soon thereafter, each Commissioner shall be required to obtain the following training:
A. 
The requirements of Section 816 of the Charter and this chapter. The training will be provided by the City Attorney.
B. 
The requirements of the California Public Safety Officers Procedural Bill of Rights Act (Government Code Section 3300, et seq.), and the California Firefighters Procedural Bill of Rights Act (Government Code Section 3250, et seq.).
C. 
The requirements of California's Political Reform Act (Government Code Section 81000, et seq.) and California's Brown Act (Government Code Section 54950, et seq.).
D. 
Training on police oversight and community policing facilitated by the Department of Justice, a recognized expert in civilian oversight of law enforcement, and/or independent police monitor professional. This may include, but not be limited to, Public Records Act training, confidentiality requirements, and creation of the police decertification process and expansion of civil liability exposure (Section 52.1 of the Civil Code, Section 1029 of the Government Code, and Section 832.7 of the Penal Code).
E. 
Training to better understand the history of race and policing, the importance of equity, and the cultures that make up the Santa Barbara community.
F. 
Training on components of the criminal justice system and other relevant subject matters facilitated by the Police Department or through the Citizen Academy including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, due process and procedural rights, use of force and de-escalation practices, and investigation techniques.
G. 
Each Commissioner shall participate in a four-hour minimum day shift and a four-hour minimum night shift ride-along with the Police Department and four-hour minimum day shift with the Fire Department at least twice per four-year Commissioner term. Commissioners can request for accommodations.
H. 
Training on the quasi-judicial duties and obligations of the Commission as well as on governance practices, meeting facilitation, formal meeting protocols and communications, and community outreach practices.
I. 
The City Administrator's Office and City Attorney's Office, in consultation with the Fire and Police Departments, shall develop an orientation guide for new members of the Commission to familiarize and acquaint them with Fire and Police operations and policy.
The training required by subsections A through C will be provided to a newly appointed member by the City Attorney within three months of the member's appointment. Each member of the Commission is also required to receive training in ethics laws as specified in California Government Code Sections 53234 through 53235.2. The City Attorney will provide training to the Commission at a regular meeting thereof at least once each calendar year on the matters stated in subsections A through C.
(Ord. 6087, 2022)
A. 
The Fire and Police Commission shall have the powers and duties prescribed in Charter Section 816 as follows:
1. 
Act in an advisory capacity to the City Council and to the City Administrator in all matters relating to efficient and adequate Fire and Police protection for the City of Santa Barbara.
2. 
Recommend to the City Council and to the City Administrator rules and regulations concerning the operation and conduct of the Fire and Police Departments.
3. 
Consider with the Chiefs of the respective Fire and Police Departments an annual budget of such Departments and make recommendations with respect thereto to the City Council and to the City Administrator.
4. 
Recommend to the City Administrator and to the City Council appointments to the offices of Fire Chief and Chief of Police.
5. 
Exercise such other functions, powers, and duties not inconsistent with this chapter as may be prescribed by ordinance.
B. 
Pursuant to the supplemental authority granted to the City Council to prescribe additional functions, powers, and duties by ordinance the Commission shall have the following additional powers and duties.
1. 
To provide a forum to facilitate communication between the community and the Fire and Police Departments, including opportunities for community input and education on departmental policies, procedures, and practices in Santa Barbara.
2. 
In coordination with the police monitor role within the City Administrator's Office, discuss patterns, trends, and significant observations in complaints of police misconduct and facilitate the review of applicable Police Department policies, procedures and practices to propose revisions to which the Chief of Police shall respond to the Commission within 45 days. An extension of up to 45 additional days can be requested by the Chief of Police and approved by a majority vote of the Commission.
3. 
To conduct ongoing reviews of the complaint process, in collaboration with the police monitor role in the City Administrator's Office, and make recommendations on improving the process based on established effective civilian oversight practices.
4. 
Receive reports from the Chief of Police or the City Administrator's Office that contain aggregate data regarding internal investigations and subsequent employment actions taken. The reports shall not disclose any information in violation of state and local law regarding the confidentiality of personnel records, including, but not limited to, California Penal Code Section 832.7. Aggregate data includes the following:
a. 
The number of complaints of Department sworn employees submitted to the Professional Standards Unit (PSU) on a quarterly basis.
b. 
The number of pending PSU investigations, and the related policy section of misconduct that are being investigated on a quarterly basis.
c. 
The number of internal investigations completed by the PSU and the findings of the investigations on a yearly basis.
d. 
The topic and total hours of training session provided to Department sworn employees, and the subject matter of the training sessions on a yearly basis.
e. 
Number of Department sworn employees disciplined and the level of discipline imposed on a yearly basis.
f. 
The number of complaints investigated that did not result in discipline of the subject officer on a yearly basis.
Notwithstanding any other functions, powers and duties assigned by this chapter, Commission members shall not: (i) directly or indirectly participate or attempt to participate in personnel matters; or (ii) direct or attempt to direct that personnel action be taken on specific Department employees.
5. 
The Commission may review and discuss with the Police Chief, in open session, individual investigations, if and when they become disclosable under the California Public Records Act pursuant to California Penal Code Section 832.7.
6. 
To issue subpoenas pursuant to Santa Barbara Municipal Code Chapter 9.118, but not pertaining to personnel-related, independent investigations.
7. 
To review and provide feedback on monthly updates presented by the Chief of Police on the Department's customer service programs, community oriented policing initiatives, crime trends and statistics, and crime prevention programs. The Commission may publish such reports on its website.
8. 
To receive a presentation from the Chief of Police concerning any Officer Involved Shootings (OIS). To protect the integrity of any OIS investigation, the presentation may be given once determinations or findings have been made by the agency conducting such investigation. In addition, to ensure broader community engagement for an OIS, the City Administrator's Office along with the Commission shall conduct outreach prior to any presentation.
9. 
The police monitor role within the City Administrator's Office will coordinate with the Commission to submit an annual report and work-plan to the City Council no later than March 1 of each year. The report may include information and input on items such as: the Commission's activities during the year, evaluation of the workload and capacity of the Commission to address priority issues, and a summary of the number, type, and disposition of complaints filed with the Police Department and Fire Department by members of the public.
10. 
To provide ongoing evaluation of oversight functions and responsibilities in coordination with the police monitor role within the City Administrator's Office, including the ability to recommend to the City Council periodic reviews or audits of the Fire and Police Departments as well as the facilitation of community climate surveys and other community feedback mechanisms.
C. 
The provisions in this section are supplemental to the powers of the Commission granted by Section 816 of the Charter.
(Ord. 6087, 2022)
The Commission shall have access to all Fire and Police Department files and records allowable according to State law.
(Ord. 6087, 2022)
Official communications of the Commission shall be approved by majority vote of the entire membership taken at a public meeting. The Commission by majority vote of the entire membership may designate one of its members to make official statements to the public. Other members may publicly discuss the role of the Commissioner and the Commission's public and official business for educating the community consistent with the limitations of this section and the Brown Act.
(Ord. 6087, 2022)