DATE: October 24, 2023
TO: Mayor and City Council
FROM: City Manager
Acting Chief of Police
SUBJECT: Police Community Advisory Panel Recommendations: Review and Discuss Community Services Commission and Community Advisory Panel Ad Hoc Committee’s Recommendations for Changes to the Police Community Advisory Panel
RECOMMENDATION
That Council: 1) reviews and discusses recommendations from the Community Services Commission (CSC) and Police Community Advisory Panel (CAP) ad hoc committee regarding changes to the CAP to increase transparency and 2) provides staff with direction on any next steps related to the CAP.
SUMMARY
Over the past several years, some members of the CSC have been increasingly interested in the topics of racial equity and public safety and considering policy recommendations that could be made to the City Council. Some of these efforts include adopting a letter of support affirming Black Lives Matter and accompanying recommendations for Council consideration, and recommending Council issue a formal apology to Black, Indigenous, and People of Color (BIPOC) on behalf of the City of Hayward for its implicit and explicit role in perpetuating historical institutional racism in the City of Hayward. The formal apology was also accompanied by specific actions that the CSC recommended the City take, some of which Council integrated into its first Strategic Roadmap update.
On June 21, 2023, the CSC held a discussion about the Hayward Police Department’s (HPD) CAP. City Manager Kelly McAdoo and Acting Police Chief Bryan Matthews attended the meeting to address the CSC’s questions and considerations regarding the CAP. Prior to the June meeting, the CSC identified the following items for consideration regarding the CAP, all of which require Council direction:
That the CAP be a Brown Act meeting body
That members of the CAP complete a Form 700 Statement of Economic Interest, as other members of City Boards and Commissions complete That interviews to fill CAP vacancies be public
That there be a designated seat on the CAP for a member of the CSC That there be increased transparency and communication from the CAP to the broader community At the June discussion, the CSC adopted a motion to form an ad hoc committee consisting of members of the CSC and CAP, along with a member of Council appointed by the Mayor. The ad hoc committee ultimately consisted of three CSC members, one CAP member, and one Council Member (Council Member Roche), and met on August 21 and September 25, 2023.
The ad hoc committee discussed the above considerations and mostly came to consensus on recommendations, with some varying perspectives on making the CAP a Brown Act body and requiring CAP members to complete a Form 700. Their recommendations were shared with the CAP via email and at the October 9, 2023, CAP meeting. They will also be reported to the full CSC on October 18, 2023, which is after the completion of this report writing. Should the CSC take any action, staff will provide Council with a supplementary memorandum in advance of this work session date.
Staff recommends that the Council review the recommendations from the ad hoc committee as described in this report and provide staff with direction on any changes to the CAP.
BACKGROUND
The staff report from the June 21, 2023, CSC meeting reviews the CSC mission and purview and summarizes the body’s work of the last several years to advance racial equity and public safety in the City. This includes writing a letter of support affirming Black Lives Matter and developing short-term, near-term, and long-term recommendations for the Council’s consideration, which were reviewed and discussed in July 2020 at the Council and Budget Finance Committee.
Among the recommendations was that the Council issue an apology to the Black, Indigenous, and People of Color (BIPOC) Communities on behalf of the City for its complicity in institutional racism in the City of Hayward. At the September 2021 CSC meeting, the CSC recommended that Council adopt a resolution apologizing to BIPOC individuals on behalf of the City of Hayward for its implicit and explicit role in perpetuating historical institutional racism in the City of Hayward and to review the associated 11-point workplan to address the City’s historical wrongdoings. The Council then adopted the recommended resolution and reviewed the associated workplan at the November 2021 Council meeting. At the December 2021 CSC meeting, the CSC prioritized the 11 recommendations for addressing racial equity to then inform the Council’s Strategic Roadmap discussion. In May 2022, Council adopted the updated Strategic Roadmap that integrated a subset of the CSC’s prioritized recommendations into the FY 2023 budget.
On June 21, 2023, the CSC hosted City Manager Kelly McAdoo and Acting Police Chief Bryan Matthews to discuss the CSC’s concerns regarding the CAP. CSC members asked several questions, focusing on themes of transparency and information sharing, understanding the current membership of the CAP, and identifying ways in which the CAP was operating in alignment with its guiding documents. Following the discussion, the CSC adopted a motion to form an ad hoc committee with CAP and CSC members and a Council member appointed by the Mayor to further review and discuss the five items for consideration identified in the June 21, 2023, staff report.
The ad hoc committee consisted of the following members:
CSC Commissioner and Vice Chair Austin Bruckner Carrillo CSC Commissioner Linda Moore
CAP Member Georgette Munoz
CSC Commissioner Lenita Wheeler
Council Member Julie Roche
The committee met on August 21 and September 25, 2023. This report includes a summary of their discussions in order for Council to review and provide staff with direction for further action.
The CSC met on October 18, 2023, to discuss the ad hoc committee’s recommendations. Given the close timing of this meeting with this work session, staff are unable to include information from that discussion in this report; however, staff plan to provide a memorandum to Council with any supplementary information about the CSC’s discussion and any actions taken.
DISCUSSION
At the ad hoc committee’s first meeting on August 21, 2023, the group discussed each of the five considerations from the June 21, 2023, staff report in detail. The minutes from this meeting are available as Attachment II and summarize their discussion of each consideration.
At the second ad hoc committee meeting on September 25, 2023, staff proposed an alternative process of bringing the recommendations from the first meeting directly to Council for action. Staff made this recommendation based on comments from the CSC’s September meeting expressing concern about the pace of the racial equity and public safety work and based on feedback from CAP members with concerns about the CSC making recommendations regarding another appointed body. Following discussion of this alternative approach, staff recommended taking the ad hoc committee’s recommendations to a Council Work Session on October 24, which would include a memo outlining any further discussion from the CSC’s monthly meeting on October 18. One member of the ad hoc supported this approach while two members did not (one member was absent). Council Member Roche indicated that bringing the ad hoc committee’s recommendations to Council for consideration was a reasonable approach.. This work session staff report was included as an attachment to the October 18 CSC item for commissioners’ reference.
To ensure a clear understanding of each ad hoc member’s perspective regarding the five considerations for changes to the CAP, members went through the list and clearly articulated their preferences. That discussion is summarized in Table 1 below.
Table 1. Ad Hoc Member Preferences
Considerations
Ad Hoc Member Preference
Bruckner Carrillo
Moore
Munoz
1. That the CAP be a Brown Act meeting body
Only comfortable with “Brown Act adjacent” option if the CSC votes in support of it; otherwise wants a Brown Act body Prefers a “Brown Act adjacent” alternative that includes public meetings noticed 72 hours in advance but does not require a quorum Prefers a “Brown Act adjacent” alternative that includes public meetings noticed 72 hours in advance but does not require a quorum
2. That members of the CAP complete a Form 700
In favor of Form 700 requirement
In favor of Form 700 requirement; open to creating an alternative internal form as a compromise Not completely opposed but expressed concerns that the requirement would create barriers to participation
3. That interviews to fill CAP vacancies be public
In favor of 1) Council making nominations for applicants to be interviewed confidentially by panel of Police Chief, the City Manager, the Mayor, and a member of Council appointed by the full Council and 2) public Council vote on panel recommendations with full list of applicants made public In favor of 1) Council making nominations for applicants to be interviewed confidentially by panel of Police Chief, the City Manager, the Mayor, and a member of Council appointed by the full Council and 2) public Council vote on panel recommendations with full list of applicants made public In favor of 1) Council making nominations for applicants to be interviewed confidentially by panel of Police Chief, the City Manager, the Mayor, and a member of Council appointed by the full Council and 2) public Council vote on panel recommendations with full list of applicants made public
4. That there be a designated dual seat on the CAP for a member of the CSC Not necessary if the first three recommendations are adopted Not necessary if the first three recommendations are adopted Not necessary if the first three recommendations are adopted
5. That there be increased transparency & communication from the CAP to the broader community Not necessary if the first three recommendations are adopted Not necessary if the first three recommendations are adopted Not necessary if the first three recommendations are adopted Staff recommends that Council takes the following action:
Review and discuss the recommendations from the CSC and CAP ad hoc committee regarding changes to the CAP to increase transparency Provide staff with direction on any next steps related to the CAP In addition to the changes recommended in the table above, staff also recommends that further efforts around transparency for the CAP be made through enhancements to the CAP website with regular updates and additional information regarding members, meeting dates, and other activities. In addition, staff recommends a change to the CAP membership criteria that would preclude individuals holding elected office from serving on the CAP. Members of appointed bodies would still be eligible to participate. These criteria would go into effect with the next CAP recruitment process that would run concurrently with the recruitment process for other City boards and commissions.
ECONOMIC IMPACT
There is no economic impact associated with this item.
FISCAL IMPACT
There is no fiscal impact associated with this item.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, it relates to the following project:
Project Q5 Conduct an analysis of the Community Advisory Panel for the Police Department
PUBLIC CONTACT
Each CSC meeting is open to the public and is noticed in advance. No comments were received from the public related to the CAP items preceding October 18. Any public comments received at the October 18, 2023, CSC meeting will be included in the supplementary memorandum to Council.
NEXT STEPS
Staff will implement Council direction as provided in this work session.
Prepared by: Amy Cole-Bloom, Community Services Manager Recommended by: Regina Youngblood, Assistant City Manager Bryan Matthews, Acting Police Chief
Approved by:
_______________________________________
Kelly McAdoo, City Manager
Community Services Commission Meeting, June 21, 2023, https://hayward.legistar.com/LegislationDetail.aspx?ID=6262146&GUID=6151FEC1-EEF0-4F39-A1BA-A375B8FA622B&Options=&Search= Community Services Commission Meeting, July 15, 2020, https://hayward.legistar.com/LegislationDetail.aspx?ID=4590492&GUID=B0148C0F-740C-4D0A-BC0B-14EECDE77EFD&Options=&Search= Council and Budget Finance Committee Meeting, July 29, 2020, https://hayward.legistar.com/LegislationDetail.aspx?ID=4600482&GUID=8F86DDDF-DB21-4479-8DC8-E287D2216533 Community Services Commission Meeting, September 15, 2021, https://hayward.legistar.com/LegislationDetail.aspx?ID=5134393&GUID=F9E12BE6-7847-433C-8682-EA47F224909E&Options=&Search= City Council Meeting, November 16, 2021, https://hayward.legistar.com/LegislationDetail.aspx?ID=5213904&GUID=FD8EB2CB-F75B-4F98-849F-046FD5945066&Options=ID|Text|&Search=racism City Council Meeting, December 15, 2021, https://hayward.legistar.com/LegislationDetail.aspx?ID=5357324&GUID=BE032359-5F5E-4509-A463-F0F9B39C371C&Options=ID|Text|&Search=racism City Council meeting, January 29, 2022, https://hayward.legistar.com/LegislationDetail.aspx?ID=5393313&GUID=12247277-54D4-42FA-B0D1-1DB3ADCC23D7&Options=ID|Text|&Search=roadmap City Council Meeting, May 3, 2022, https://hayward.legistar.com/LegislationDetail.aspx?ID=5565349&GUID=459912E5-E1C0-4580-BE80-3DFEFBC33C72&Options=&Search=