COMMUNITY SERVICES COMMISSION
AD HOC COMMITTEE: CAP RECOMMENDATIONS
777 B Street, Hayward, CA 94541
Conference Room 2A
MEETING MINUTES
Monday, August 21, 2023 – 5:30 - 7:00 p.m.
ATTENDEES
Ad Hoc Members Present:
• Austin Bruckner Carillo, CSC Commissioner / Vice Chair • Linda Moore, CSC Commissioner
• Georgette Munoz, CAP Member
• Lenita Wheeler, CSC Commissioner
Ad Hoc Members Absent:
• Pascal Garcia-Montpetit, CSC Commissioner
Council Liaison:
• Council Member Julie Roche
Staff:
• Amy Cole-Bloom, Acting Community Services Manager
• Bryan Matthews, Acting Police Chief
• Kelly McAdoo, City Manager
• Regina Youngblood, Assistant City Manager
DISCUSSION
Following introductions, staff provided the attached presentation (Attachment I).
Ad hoc members discussed the following five considerations as outlined in the presentation and June 21, 2023, CSC informational item:
1. That the CAP be a Brown Act meeting body
2. That members of the CAP complete the form 700 Statement of Economic Interest
3. That interviews to fill CAP vacancies be public
4. That there be a designated dual seat on the CAP for a member of the CSC
5. That there be increased transparency and communication from the CAP to the broader community
The following notes summarize key points from the discussion of each consideration.
That the CAP be a Brown Act meeting body
Acting Community Services Manager Cole-Bloom summarized the CSC discussion from June.
Commissioner Bruckner Carillo spoke in favor of making the CAP a Brown Act body, citing the need for public transparency and engagement.
Acting Chief Matthews and City Manager McAdoo stated that the current nature of the CAP allows for the opportunity to cover a range of topics within shorter timeframes without being constrained by what is on a published agenda.
City Manager McAdoo confirmed that it is possible to hold confidential meetings in compliance with the Brown Act through a closed session. She no ted that if the CAP were a Brown Act body, meetings would require a quorum to move forward.
City Manager McAdoo suggested amending the CAP bylaws to reflect the ad hoc committee’s expectations about transparency and community engagement while still maintaining the flexibility and confidentiality that currently exists. Commissioner Moore expressed concerns with bylaw revisions as a solution given that other components of the bylaws are not currently being followed. She shared that she was open to alternatives other than a Brown Act body but noted that she expected it to still have the same standards as other public meeting bodies, including for recruitment, attendance, and meeting frequency.
Commissioner Bruckner Carillo expressed his comfort with not making the CAP a Brown Act body as long as the meetings are public. He emphasized and sought confirmation from the City Manager that Brown Act meeting bodies can still discuss confidential information, which the City Manager confirmed.
Commissioner Wheeler requested clarification on what types of confidential items the CAP discusses, and the nature of the third-party facilitator originally hired to work with the CAP.
City Manager McAdoo summarized that a third-party facilitator had been hired as a neutral facilitator, but she had to withdraw. Acting Chief Matthews shared examples of confidential items discussed by the CAP, including body worn camera footage, critical incidents , and officer involved shootings.
Council Member Roche shared concerns that changing the CAP to a Brown Act body changes the nature of the CAP for members in terms of the required commitment and nature of participation.
Members of the ad hoc committee reached a consensus that they will review revised bylaws that make the CAP a “Brown Act adjacent” body, with clear expectations for making the meetings public and establishing structures similar to other those of public meeting bodies, with the exception of having a quorum.
That members of the CAP complete the Form 700 Statement of Economic Interest City Manager McAdoo summarized the purpose of the Form 700 Statement of Economic Interest as a way to identify financial conflicts among those serving. She stated that she did not believe that requiring CAP members to complete the Form 700 would create any strong barriers to participation. City Manager McAdoo clarified that the forms are submitted to the state and are only reviewed if a complaint is filed, though they can be requested by the public.
Council Member Roche expressed some concern about the requirement and stated that she would need to think about it given the current expectations of the CAP.
That interviews to fill CAP vacancies be public
City Manager McAdoo summarized the interview process for other City of Hayward boards and commissions.
Commissioner Bruckner Carillo expressed his strong belief that the whole interview process should be public and that the whole Council should have the opportunity to provide input on the selection process as opposed to the Mayor being the only elected official making appointments alongside the City Manager and Police Chief.
Members and staff discussed different options for making interviews public while still protecting the privacy of applicants who may have prior justice involvement or be undocumented immigrants.
Commissioner Wheeler asked for more information about the initial benchmarking research completed by City staff when the CAP was developed to better understand what elements of the CAP are typical of bodies in other jurisdictions. Commissioner Bruckner Carillo noted that the findings of the initial benchmarking research are likely out of date, noting that many police advisory bodies have evolved since 2020. Acting Chief Matthews and City Manager McAdoo stated that staff will share the original research if available and will work to update the research in advance of the next ad hoc meeting.
Council Member Roche noted that the CAP was established to be a direct ear to the Chief, as opposed to a policy advisory body that makes recommendations to Council. She expressed concern that some of the changes being discussed would change the nature of the CAP. Sh e stated her willingness to discuss with her Council colleagues.
Members reached consensus that they would be comfortable recommending that interview panel consist of the Police Chief, the City Manager, the Mayor , and a member of Council appointed by the full Council. They also recommended that the full Council vote on the interview panel’s recommended appointments in a public meeting and that the full list of applicants be made public.
That there be a designated dual seat on the CAP for a member of the CSC Commissioner Bruckner Carillo shared that in prior years, there was a member of the CSC who also served on the CAP and provided updates on CAP activities to the CSC. He noted that CSC members were under the impression that the CSC member’s seat was designated for the CSC, but that they now understand that there are no designated seats.
Acting Community Services Manager Cole-Bloom summarized the CSC discussion from June.
Acting Chief Matthews noted that any member of the CSC can apply for the CAP.
Panelist Munoz asked for more information about the CSC standing item on racial equity and public safety. Members and staff discussed the origin of the standing item and its purpose.
Commissioner Bruckner Carillo stated that he does not have a strong opinion about the dual seat consideration or the fifth consideration because if the first three considerations discussed are implemented, the last two would be addressed.
Council Member Roche expressed concern about a dual seat, stat ing that the CSC does not have purview over the CAP and that a dual seat would establish a challenging precedent. She suggested that a departmental report to the CSC would be more appropriate.
Commissioner Wheeler stated that, while she could not speak for the CSC as a whole, she did not think the dual seat was necessary.
The members reached consensus that a dual seat serving on the CSC and CAP is not necessary and would not likely be included in the proposed recommendations to Council.
That there be increased transparency and communication from the CAP to the broader community
Acting Community Services Manager Cole- Bloom referenced the examples of efforts to increase transparency and improve communication that were included in the presentation and asked if there were other activities the members would want to include. Commissioner Wheeler clarified that the examples are not exhaustive and sought input from other members to see if they had additions.
Panelist Munoz asked for clarification about how CS C agendas are published and how the community is notified of meetings. She also asked for more information about what website improvements for the CAP website would entail.
Following the discussion of the five considerations, there was additional conversation to clarify that the current CAP bylaws do not establish any quorum requirements. There was also discussion about how the CAP responds to emergency or critical public safety items.
Commissioner Moore asked for clarification on how much time would be needed to notice emergency meetings of the CAP. Members emphasized the importance of being able to notice all CAP meetings publicly in advance, even for those called with shorter notice.
Council Member Roche stated that she would like to see greater input from the CAP on this process, including presenting the recommendations to the CAP at an upcoming meeting.
Commissioner Bruckner Carillo requested that when the information is presented to the CAP that it be made clear that, if the CAP were a Brown Act body, it could still discuss confidential information.
NEXT STEPS
Staff and members discussed the timeline for the ad hoc committee’s future meetings and reporting to the CSC and determined that an additional month is needed to complete the work of the ad hoc committee. Under the updated timeline, the CSC members on the ad hoc will provide a progress report to the CSC in September and present their recommendations in October.
Staff will sc hedule the next ad hoc meeting and will conduct the following activities in advance of the next meeting:
• Create a redline draft of bylaws reflecting the committee’s recommendations • Share the matrix of CAP benchmarking research with the committee • Update and share the original matrix of CAP benchmarking research • Send June 21, 2023, CSC meeting materials and recording to the CAP
• Send Brown Act information guide to the CAP