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+Cotati PD Advisory-Oversight Power Point 5-6a-24

Cotati City Council
May 28, 2024

Document
+Cotati PD Advisory-Oversight Power Point 5-6a-24
Meeting
May 28, 2024
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Cotati City Council
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Text extracted from the city's file for reading and search. Open the original on cotaticity.primegov.com. That file is the official record.

Cotati Police Department
Transparency, Accountability, & Community Partnerships

COTATI POLICE AUXILIARY COMMISSION (HISTORY)

TRANSPARENCY, ACCOUNTABILITY, AND COMMUNITY PARTNERSHIPS (CURRENT)

TRAINING, POLICY, AND PERSONNEL (CURRENT)
ADVISORY MODELS (4)

RECOMMENDATIONS
(HISTORY)

February 18, 1975
Ordinance No. 214
October 27,1987
Ordinance No. 475
May 24, 1995
Ordinance No. 638

DISSOLVED
Chapter 2.22, Municipal Code

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)

DUTIES
a) “To act as a liaison between the community, the Cotati Police Department and the City Council.”
b) “To have the Chairperson or her/his delegated Commission member be a member of the oral board(s) for all police officers, reserves, and Chief of Police.” c) “To have the Chairperson or her/his delegated Commission member attend personnel sessions when they involve police disciplinary action.”
d) “To make recommendations concerning policies, practices, and procedures in relation to the Cotati Police Department and other law enforcement agencies within the City of Cotati.” e) “To receive complaints directed against the Police Department, make proper investigation, and then make recommendations to the Chief of Police regarding disciplinary procedures.”

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)

CONFIGURATION

1. (5) Members

2. Appointed by Mayor, subject to approval by City Council

3. 2-year term (up to two consecutive terms max)

4. Chairperson, Vice-Chairperson, Secretary (elected by Commission) – 1-year term

5. Once a month meetings

6. Open to the public

7. Minutes recorded and provided to City Council

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)

DUTIES
a) “To act as a liaison between the community, the Cotati Police Department and the City Council.”
b) “To have the Chairperson or her/his delegated Commission member be a member of the oral board(s) for all police officers, reserves, and Chief of Police.” c) “To have the Chairperson or her/his delegated Commission member attend personnel sessions when they involve police disciplinary action.”
d) “To make recommendations concerning policies, practices, and procedures in relation to the Cotati Police Department and other law enforcement agencies within the City of Cotati.” e) “To receive complaints directed against the Police Department, make proper investigation, and then make recommendations to the Chief of Police regarding disciplinary procedures.”

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)

DUTIES
a) “To act as a liaison between the community, the Cotati Police Department and the City Council.”
b) “To make recommendations concerning policies, practices, and procedures in relation to the Cotati Police Department and other law enforcement agencies within the City of Cotati.” c) “To make recommendations regarding programs to encourage preservation of life and property such as neighborhood watch.”
d) “To make recommendations regarding programs and/or projects that improve delivery of police services to the Cotati community.”

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)

CONFIGURATION

1. (5) Members

2. Appointed by Mayor, subject to approval by City Council

3. 2-year term (up to two consecutive terms max)

4. Chairperson, Vice-Chairperson, Secretary (elected by Commission) – 1-year term

5. Once a month meetings

6. Open to the public

7. Minutes recorded and provided to City Council

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)
1995 - DISSOLVED

DUTIES
a) “To act as a liaison between the community, the Cotati Police Department and the City Council.”
b) “To make recommendations concerning policies, practices, and procedures in relation to the Cotati Police Department and other law enforcement agencies within the City of Cotati.” b) “To implement and maintain community based safety programs, such as Neighborhood Watch, bicycle safety, and earthquake preparedness.” [exact verbiage modified from 1987] c) “To have the Chairperson or another Commission member participate in the oral board interview process for the position of Police Officer.” [verbiage added back from 1975] d) “To make recommendations relating to the implementation of programs and/or projects that affect public safety in the community.” [exact verbiage modified from 1987]

COTATI POLICE AUXILIARY COMMISSION - CONTINUED
(HISTORY)
1995 - DISSOLVED

CONFIGURATION

1. (5) Members

2. Appointed by Mayor, subject to approval by City Council

3. 2-year term (up to two consecutive terms max)

4. Chairperson, Vice-Chairperson, (elected by Commission) – 1-year term

5. Once every two months meetings Once a month meetings

6. Open to the public

OTHER ADDITIONS

1. No more than one member can reside outside the city limits

2. Applicants required to submit to criminal screening
a) No felony convictions or incidents involving moral turpitude b) Periodic inquiries into criminal history may be made after appointment

TRANSPARENCY, ACCOUNTABILITY, AND COMMUNITY PARTNERSHIPS

CURRENTLY UTILIZED BY COTATI PD
• Racial and Identity Profiling Act (RIPA) stop data collection and annual reporting • SB1421 + SB16 (amended PC 832.7). Requires police records relating to officer use-of-force incidents, sexual assault, and acts of dishonesty accessible under the California PRA • SB2 (PC 13510). Established peace officer certifications, “serious misconduct” reporting and potential decertification.
• AB481/GC 7070. Mandates military equipment funding, acquisition and use authorization by governing boards
• Internal Affairs Investigations – Independent investigations by impartial outside investigator • Annual Police Chief’s Report (presented to City Council and posted on City website) • Mid-Year report (presented to City Council)
• Police Policies, Training Manuals, and Event Logs posted on City website (Lexipol) • Police Monthly Statistics posted on social media
• On-line complaint portal on website (goes to City Manager, Human Resources Director, and Chief of Police). Complaints are also taken by email, phone, in person, or via a physical complaint form.

TRANSPARENCY, ACCOUNTABILITY, AND COMMUNITY PARTNERSHIPS

CURRENTLY UTILIZED BY COTATI PD - CONTINUED
• Peace Officer Standards and Training (POST) audits (specifically assigned regional coordinator site visits/audits)
• Periodic high risk policy review audit by independent police auditor (e.g.: Pursuits; Use of Force; Evidence)
• Civil Grand Jury (Sonoma County) - reviews all Officer Involved Shooting (OIS) report summaries submitted by the District Attorney to confirm proper protocol is followed • Sonoma County Law Enforcement Chief’s Association (SCLECA) County-wide Chief’s and DA Protocols • Sonoma County District Attorney (SCDA ) - all criminal matters and protocol-related critical incidents • California Attorney General (AG) - all officer-involved shootings resulting in unarmed civilian death (AB1506)
• Body-Worn Cameras (BWCs) and in-car cameras
• AB748 (GC 6254 (4)(A)(i)) - BWC recordings of critical incidents released within 45 days • Budget/Strategic Projects & Priorities – public disclosure on how taxpayers’ dollars are spent • City Council (as routine oversight and another conduit for community communication) • Community Policing surveys












TRAINING, POLICY, AND PERSONNEL - POST

CURRENTLY UTILIZED BY COTATI PD










TRAINING, POLICY, AND PERSONNEL

CURRENTLY UTILIZED BY COTATI PD

COTATI PD COMMUNITY PARTNERSHIPS, OUTREACH, & EVENTS
• 6 Beat meetings #1 (February 2024)
• Thomas Page tour of PD (February 2024)
• Thomas Page non-profit campaign - 6th grade project (March 2024) • Thomas Page meet the Chief, with Officers + Dolly (April 4, 2024) • Thomas Page STEAM and Literacy Night – book reading (April 10, 2024) • SSU Community Partners Meetings (April 15, 2024)
• SSU Game Night (April 16, 2024)
• Butter & Eggs Day Parade – Petaluma (April 20, 2024)
• Drug Takeback #1 (April 27, 2024) = 41.23 lbs.
• Women in Public Safety Day (April 27, 2024)
• Apple Blossom Parade – Sebastopol (April 27/28, 2024) • Cinco de Mayo - Santa Rosa, Mitote/Roseland (May 5, 2024) • Cinco de Mayo - SOMO Village, Rohnert Park (May 5, 2024) • Healdsburg Future Farmers Twilight Parade (May 23, 2024) • Pride Parade Procession – Santa Rosa (June 1, 2024)
• Juneteenth (June 2024)
• Coffee with a Cop + Coffee with Dolly (June 2024)
• Camp Cotati (June 2024)
• Kids Day Parade (July 13, 2024)
• National Night Out (August 6, 2024)
• Hi-Lo Drill (September 2024)
• 6 Beat meetings #2 (September 2024)
• SSU Guest speaking CJA department (September/October 2024) • Drug Takeback #2 (October 2024)
• Rotary Holiday Toy Drive & Xmas escorting Santa (December 2024) • Warm Clothing Drive - SSU & RP PDs (December 2024)
• Social Media posting

1. City Manager-City Council Oversight (Reporting Out, current + increased frequency; specific focus) + All current oversight laws, policies, trainings (e.g.: POST)

2. Chief/Police Advisory Committee (Routine & Ad Hoc)

3. Independent Police Auditor (Contracted, Routine & Ad Hoc)

4. Police Oversight Commission (e.g.: Independent Police Review Board & Independent Office of Law Enforcement Review and Outreach [IOLERO]) City Manager-City Council
Oversight
Chief/Police
Advisory Committee
Independent
Police Auditor
Police Oversight
Commission
•Most/All CA agencies in some form
•Organized reporting and public
access to various operations,
policies, procedures, reports
•Laws, Training, Auditing (eg: POST)
•$
City Manager-City Council
Oversight
•Large, medium, and some smaller sized
agencies
•Advisory and feedback as primary duties
•Recommendations re: programs, projects,
community issues and concerns
•$$
Chief/Police Advisory
Committee
•Larger/Mid-Sized agencies and/or those with higher volume •Independent auditing and review of use of force,
complaints, arrests, etc. (can be Ad Hoc or specific focus) •$$$
Independent
Police Auditor
• Large Agencies (less common with majority of CA agencies) • Independent auditing of police misconduct and
administrative investigations + discipline recommendations • Subpoena and investigative power
• $$$$$
Police Oversight
Commission

CITY-MANAGER-CITY COUNCIL OVERSIGHT (CURRENTLY UTILIZED BY COTATI PD)

• Most common form of oversight in California. Day-to-day operations of the police department are directly overseen by the City Manager. The City Council has both direct budgetary power and the ability to initiate investigations into any issue or incident deemed necessary.
• Organized public reporting and public access to various operations, procedures, policies, data and statistics, complaints, uses of force, etc. Community outreach. Adherence to all laws and training requirements governed by POST and state/federal statutes. • When needed, this model can include an independent investigator who is initiated by the Police Chief, City Manager or City Council.
• Staff members: City Council (as oversight body and community liaison), City Manager, Police Chief, and City Staff.
• Cost: Varies. >$20,000-$100,000++ (Staff time, technology, data mining, etc.)

CITY MANAGER-CITY COUNCIL OVERSIGHT (NEIGHBORING SMALLER AGENCIES)

• Sebastopol PD
• Healdsburg PD
• Cloverdale PD
• SRJC PD
• Napa PD
• Calistoga PD
• St. Helena PD
• Ukiah PD
• Ross PD
• Sausalito PD*
• Benicia PD
* Not Active Citizens Advisory Review Board (CARB) – as outlined in Staff Report

CHIEF/POLICE ADVISORY COMMITTEE (AD HOC & ROUTINE)

• Generally only advisory in nature. City Council does not delegate any investigatory or budgetary authority to the committee. In addition to regular public reporting of statistics, this model often provides a forum for direct citizen feedback with the Police Chief and senior City leadership on a variety of police programs and community concerns. • Liaison between community, police, and city council through report-out by police (Chief) and feedback exchange; involvement in and recommend community programs and projects
• Chief’s Advisory Committee vs. City Council appointed advisory committee. Main difference is in the method of appointment and Brown Act meeting requirements, not committee functions.
• Staff members: Chief of Police and community members (residents), business owners, HOA members, faith-based and advocacy groups, etc.
• Cost: Varies. >$20,000-$100,000++ (Staff time, technology, data mining, etc.) • In addition to compounding costs of Model #1

MODEL CONTINUED

CHIEF/POLICE ADVISORY COMMITTEE

• Santa Rosa PD – Chief’s Community Advisory Team. Monthly (15-20 member group). (+Independent Police Auditor - INACTIVE since 2020)
• Petaluma PD. Monthly/Bi-Monthly as needed. (6 members [1 city council liaison], 4 year term).

Appointed by council. Formation of strategies, development of community policing concepts, increasing public awareness, and addressing police/community relations regarding the public safety of the community. Provides a forum for discussions of community public safety concerns and to represent a broad spectrum of view points. +Police Auditor • Novato PD – Quarterly (7 member, 2 year term). Appointed by council. Recommends only. Do not hold hearings or investigations or have access to citizen complains, nor dictate the course of an investigation.
• San Rafael PD, Walnut Creek PD, Pleasant Hill PD (as outlined in Staff Report) • Cotati & Sausalito - NOT ACTIVE
VARIATION: Sonoma State University – Public “listening sessions” to discuss experiences of community safety and community-centered approaches to improving and maintaining community safety. This Council does not serve as a police review or accountability council and does not formally review specific police personnel matters. President of SSU appoints members. AD HOC
POLICE AUDITOR – INDEPENDENT / CONTRACTED

• Independent audit of personnel and administrative investigations, uses of force, citizen complaints, policy and procedures, data collection and analysis. • While this can be part of other models on an as needed basis, in some cases the City Council creates a separate city department staffed with permanent staff or hires contractors in an on-going basis under an “Office of Independent Review” or “Independent Police Auditor”.
• Larger police agencies often have their own internal affairs divisions, but this is distinguished by the addition of separate staff or contractors to do additional oversight, which is typically reported back to the City Council on an annual or periodic basis. This model can be expensive, depending on the breadth and frequency of audits. Some examples of this include the City of Fresno, City of San Jose, City of Palo Alto, City of Petaluma, and City of Santa Rosa. Cotati PD has utilized auditors as well. • Staff members: Independent auditors, attorneys, research organizations • Cost: >$50,000-100,000+ (ad hoc/as requested >$10,000+ per event/audit)

INDEPENDENT POLICE REVIEW BOARDS

• Independent review and audit of personnel and administrative investigations, to include officer involved fatal incidents.
• Least common type of police oversight (<5% cities) and is typically the result of high-profile police issues. City Council generally delegates investigatory duties and grants a budget to these bodies to conduct investigations using authorized personnel. This model is typically very expensive in terms of direct costs of investigators and attorneys as well as the required support staff. Some well-known examples are the City of Oakland, City and County of San Francisco and City of Los Angeles.
• Staff members: Directors/Managers and Executive Staff, Programs and Administrative Staff, auditors, attorneys
• Cost: >$1-2+ million

INDEPENDENT OFFICE OF LAW ENFORCEMENT REVIEW AND OUTREACH (IOLERO)

• Sonoma County Sheriff’s Office (+Windsor and Sonoma City) – The Independent Office of Law Enforcement Review and Outreach (IOLERO) was established by the Sonoma County Board of Supervisors in 2015 and is responsible for “providing objective, independent audit of the findings of administrative investigations conducted by the Sheriff’s Office internal affairs unit related to civilian complaints to ensure adherence to policies and procedures. IOLERO also directly investigates whistleblower complaints, in-custody deaths, and fatal uses of force. IOLERO also makes recommendations for discipline both in its audits and investigations and offers policy recommendations for institutional improvement...” • (6) permanent staff members
• Director, Community Engagement Manager, Programs Manager, Administrative Coordinator, Law Enforcement Auditors (2) • $2.1 million budget
Laws &
Regulations, POST
Oversight, Audits
and Standards
Criminal
Investigatory
Oversight AG/DA
(OIS)
Administrative
Investigatory
Oversight
(Independent IA)
Policies,
Procedures,
Training
Transparency,
Accessibility,
Accountability
Community
Engagement &
Outreach
Equipment (BWC) ?
Laws &
Regulations, POST
Oversight, Audits
and Standards
Criminal
Investigatory
Oversight AG/DA
(OIS)
Administrative
Investigatory
Oversight
(Independent IA)
Policies,
Procedures,
Training
Transparency,
Accessibility,
Accountability
Community
Engagement &
Outreach
Equipment (BWC)
CommunityPolice Advisory
Group
• COMMUNITY-POLICE ADVISORY GROUP
• ADVISORY ONLY. NO DELEGATED INVESTIGATORY OR BUDGET AUTHORITY • DUTIES. DETAILED DISCUSSIONS AS PERMITTED BY LAW. DEVELOPMENT OF COMMUNITY

POLICING CONCEPTS, INCREASING PUBLIC AWARENESS, AND ADDRESSING POLICE/COMMUNITY RELATIONS REGARDING THE PUBLIC SAFETY OF THE COMMUNITY. • 5 MEMBERS – SELECTION PROCESS BY INTERVIEW PANEL
• ENCOURAGE MEMBERS TO BE DIVERSE: BUSINESS COMMUNITY, RESIDENT, FAITH-BASED COMMUNITY, GENDER, RACE.
• INTERVIEW PANEL CONSISTING OF A 1-2 COUNCILMEMBERS, CITY MANAGER, POLICE CHIEF • MINIMUM REQUIREMENTS AND TRAINING FOR COMMISSION MEMBERS: RIDE ALONG AFTER

APPOINTMENT, NO CITY EMPLOYEES OR HOUSEHOLD, DISQUALIFICATION FOR FELONY

CONVICTION, CRIMES/INCIDENTS OF MORAL TURPITUDE, ATTORNEY INVOLVED IN CASES WITH LAW

ENFORCEMENT, OR CURRENT CRIMINAL/CIVIL CASES WITH THE CITY OF COTATI • 2-YEAR TERM. REMOVAL BY MAJORITY VOTE OF CITY COUNCIL • QUARTERLY MEETINGS. SPECIAL MEETINGS CAN BE CALLED AS NEEDED • INCREASED DETAIL OF REPORTING TO GROUP (AS PERMITTED BY LAW) • USE OF FORCE – STATS, TYPES, SUMMARIES, REASONS
• COMPLAINTS – STATS, ALLEGATIONS, SUMMARIES, FINDINGS/OUTCOMES • NOTABLE COMMUNITY EVENTS & ENGAGEMENT
• ARREST/CRIME STATISTICS AND TRENDS – SUMMARIES OF NOTABLE INCIDENTS/CONTACTS

AND ENFORCEMENT INITIATIVES
• TRAININGS
• BROWN ACT VS. NOT BROWN ACT
• COMMITTEES CREATED BY A FORMAL ACTION OF THE LEGISLATIVE BODY (E.G.:. CITY COUNCIL) IS A BROWN ACT BODY, SO THIS TYPE OF BODY IS SUBJECT TO THE BROWN ACT. • BROWN ACT MEETINGS ARE PUBLIC AND NOTICED , WITH MEETING MINUTES TAKEN.

HOWEVER, IT IS ANTICIPATED THAT MEMBERS WILL NOT BE REQUIRED TO PROVIDE FINANCIAL DISCLOSURES TO THE FPPC OR ENROLL IN MANDATED TRAININGS. • GROUP REPORTS AT LEAST ANNUALLY TO THE CITY COUNCIL ON ITS ACTIVITIES. • IF THE CITY COUNCIL DIRECTS STAFF TO CREATE AN ADVISORY COMMITTEE OR MODIFY THE

EXISTING COMMITTEE, STAFF WILL RETURN WITH AN ORDINANCE AT A FUTURE MEETING TO IMPLEMENT THIS DIRECTION.
----------
• FINANCIAL CONSIDERATIONS (AS OUTLINED IN STAFF REPORT) • TRANSPARENCY PORTAL ON WEBSITE – LEFT HAND BLUE BAR AND/OR HIGHLIGHTED EVEN MORE PROMINENTLY ON POLICE WEBSITE.
• ALL POLICIES, TRAINING, COMPLIANCE, STATS, RIPA, SURVEYS – ON WEBSITE/PORTAL

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