Citizen Police Complaint Commission (CPCC) Independent
Evaluation Final Report
City Council Meeting- February 15, 2022
City Council Direction
• Racial Equity and Reconciliation Initiative
On August 11, 2020, the City Council approved the Racial Equity and Reconciliation Initiative – Initial Report, and directed City staff to engage an outside expert to evaluate the operations of the CPCC stated in the Racial Equity and Reconciliation Report as the short-term action under Goal 3:
Redesign police approach to community safety, Strategy 2: Redesign police oversight and accountability through improved complaint and discipline practices
• FY 2021 allocation to support evaluation - $150,000
2 Consultant Selection Process
• Initiated a Request for Proposals on January 27, 2021 • Received proposals from six firms nationwide by the March 21, 2021 deadline • Evaluated proposals and conducted follow-up interviews on March 31, 2021 • Posted Notice of Intent to Award a contract to Polis Solutions, Inc., of Seattle, Washington partnering with Change Integration Consulting on April 15, 2021 3 CPCC Evaluation Plan Objectives
1. Identify ways to improve existing CPCC operations
2. Identify options for redesign of the CPCC
3. Identify any related legislative priorities
4. Produce an implementation roadmap
4 CPCC Evaluation Methodology
• Benchmark study of other oversight models
• Examination of CPCC case management system
• Analysis of CPCC Open and Closed Session meetings (June 2021 – January 2022) • Reviewed 74 CPCC case investigation files presented (June 2021 –January 2022) • Observed a Long Beach Police Department (LBPD) Case Review meeting • Interviews with internal and external stakeholders
• Facilitated two community public listening sessions
• Developed online survey and assessed public feedback
• Conducted three public meetings to present preliminary findings Polis-Change Integration Work Plan: May 2021 – January 2022 5 Community Participation
• 30 Interviews with internal and external stakeholders • 31 Responses from CPCC evaluation online survey
• Two community listening sessions to gather input on CPCC reform o One virtual listening session – September 16, 2021
o One in-person listening session – September 23, 2021
Met with over 100 members of the community by way of external stakeholder interviews or through listening sessions.
6 Community Participation, continued
• Need of an independent oversight body
• Community needs more transparency during the CPCC process • Need for oversight of Internal Affairs, rules and regulations • Community has waited 30 years for a good Commission
• Community needs to be more educated about the CPCC
7 What We Heard From the Community
Community Participation, continued
1. Public Safety Committee Meeting – December 3, 2021
2. Virtual Community Presentation on Preliminary Findings – December 14, 2021
3. CPCC Special Meetings – December 15, 2021 and December 21, 2021 • Items for Public Comment at both meetings
Preliminary CPCC Evaluation Findings Presentations
8 CPCC Evaluation Final Report
9 ©2022 Polis Solutions, Inc. All rights reserved–
Evaluation of Long Beach
Citizen Police Complaint Commission
Final Report: Findings and Recommendations
February 15, 2022
10 Team Introductions
Polis – Change Integration Team
• Kathryn Olson
• Denise Rodriguez
• Margaret Hornor
11 City of Long Beach Departments
Involved in Complaint Investigations
12 Two Important Underlying
Assumptions
• Civilian oversight of police is just one piece of the police reform puzzle - not the panacea to addressing all police misconduct or organizational and operational changes
required.
• There is no “perfect” civilian oversight model – no single approach that has been shown to answer all community
concerns or to be a good fit for all cities.
13 14
Civilian Oversight Models
15 Comparing Oversight Models*
Investigation-Focused Review-Focused Auditor/Monitor-Focused Percentage &
Frequency
(157 Oversight
Agencies)
18.5% (29) 61.8% (97) 19.7% (31)
Primary Purpose Independent complaint investigations
by civilian professionals
Quality review of Internal Affairs
completed investigations
Examination of patterns in complaints,
findings, and discipline; systemic review of
police policies, training, and operations
Some Potential
Strengths
• May reduce real or perceived bias
in complaint handling
• May increase community trust in
investigations
• Provides civilian input into
complaint investigations
• May increase public trust in
investigation process
• Often more robust public reporting
• May be more effective in promoting long
term, systemic change in police
Some Potential
Weaknesses
• Often procedurally complex
• Resistance from police personnel
• Community frustration when
broader change does not occur
• May have limited authority
• If Boards/Commission volunteers
provide review, less expertise in
policing issues and limited time
• May be less independent
• Community may be skeptical of systemic
approach
• Requires staff with significant expertise
• Most make recommendations and
cannot compel implementation
*Information sourced from: De Angelis, Joseph, Richard Rosenthal, and Brian Buchner. Civilian Oversight of Law Enforcement: A Review of the Strengths and Weaknesses of Various Models. Washington D.C.: Office of Justice Programs. 2016.
16 Benchmarking Study of Oversight
Agencies
• NACOLE survey data + information available to consultants + research and updated information for select agencies
• 26 CA agencies (not including Long Beach CPCC)
• Focus on five CA agencies in similar sized cities
• Anaheim – Hybrid (Auditor/Monitor & Review
with Commission/Board)
• Fresno – Hybrid (Auditor/Monitor & Review)
• Oakland – Hybrid (Auditor/Monitor Commission with Investigation Agency)
• Riverside – Review
• Sacramento – Hybrid (Auditor/Monitor & Review with Commission) 17 CPCC Evaluation Findings
• What works well with current CPCC model
• Inherent limitations of CPCC model
• How the Commission functions, how CPCC and IA interact, and how CPCC fits within the larger structure for
determining misconduct complaint investigation findings 18 A New Oversight Model to Improve
Transparency, Accountability, and Legitimacy
• Limitations inherent in the CPCC model undermine accountability and transparency of the LBPD.
• Concerns with how the Commission arrives at recommendations and how CPCC interfaces with Internal Affairs and within the City Manager’s Office decision-making system.
• Community trust in LBPD has suffered and CPCC’s legitimacy as an independent investigative body is in doubt.
New oversight model recommended:
• Police Auditor/Monitor-focused + Review + Investigation (Hybrid) with
• Police Oversight Commission
19 Comparing CPCC to
New Oversight Model
Citizen Police Complaint Commission Hybrid - Police Auditor/Monitor and Police Oversight Commission
Model • Investigation-focused
• Investigates civilian complaints
• Investigation parallel to IA investigation
• Hybrid - Auditor/Monitor-focused
• Systemic reviews
• Review IA complaints and major uses of force
• Independently investigate certain cases
• On scene for critical incidents
Role of Commission • Commission makes recommended findings on complaint investigations
• Community engagement
• Help hire Auditor/Monitor
• Input on audit priorities and policy/training
recommendations based on community feedback
• Receives critical incident briefings
Independence CPCC reports to City Manager’s Office Auditor/Monitor and Police Oversight Commission report to City Council and City Manager’s Office
Information &
Personnel Access
Staff and Commission have limited access to information and no direct access to personnel
• Auditor/Monitor - unlimited access
• Commission – greater access via Auditor/Monitor
input and LBPD critical incident briefings
Transparency &
Reporting
• Annual reports with limited analysis
• Commission not involved in reporting
• Most Commission meetings closed to public
• Annual and special reports with deeper analysis
• Auditor/Monitor collaborates with Commission
• Most Commission meetings open to public
Community
Engagement
• No community engagement - Community Engagement
Committee developed educational outreach plan
• Commission process to enhance community
engagement with Auditor/Monitor staff support
20 A New Oversight Model: Police Auditor/Monitor
with Police Oversight Commission
Police Auditor/Monitor Role
• Address systemic issues through recommendations for improvement. • Set timeline and process for LBPD to respond to Auditor/Monitor’s recommendations.
• Review all major uses of force.
• Authority to be on the scene of critical incident investigation. • Audit sample of IA investigations every month for timeliness, thoroughness, and quality.
• Review all complaints to ensure appropriate allegations are included. • Authority to investigate specific types of issues, such as complaints against the Chief or Command Staff or an officer-involved-shooting, on request or approval of City Manager.
21 A New Oversight Model: Police Auditor/Monitor
with Police Oversight Commission
Police Auditor/Monitor Role, continued:
• Requires broad, direct access to departmental information, databases, and personnel, with written agreement or policy specifying details. • Hired by the City Council in transparent process that includes collaboration with the Police Oversight Commission.
22 A New Oversight Model: Police Auditor/Monitor
with Police Oversight Commission
Police Oversight Commission Role
• Provide input to Auditor/Monitor on auditing priorities. • Review and approve recommendations from Auditor/Monitor. • Educate and engage the community – get input about policing concerns and feedback about improvement recommendations. • Receive private briefings on high-profile incidents.
• Provide feedback to Auditor/Monitor on public reports. • Hold regularly scheduled meetings open to the public. • Plays central role in hiring the Auditor/Monitor.
23 Recommended Interim Changes to the CPCC
• Transparency
o Increase transparency with complainants.
o Increase transparency with the community.
o Activate Commission’s Community Engagement Committee. • Training
o Provide additional orientation and on-going training to CPCC Commissioners.
o Provide opportunities for CPCC staff to participate in professional development training and to network with other civilian oversight practitioners.
24 Recommended Interim Changes to the CPCC
• Improved functioning
o Increase CPCC staffing, establish written agreement about information sharing between CPCC and Internal Affairs.
o Establish a standard operating procedure for the CPCC Office. o Promptly share City Manager case outcomes, including rationale if Commission’s recommended finding not adopted.
o Provide CPCC with all relevant evidence considered by Internal Affairs.
25 Recommended Interim Changes to the CPCC
• Improved functioning (cont.)
o Address timeliness issues for CPCC and IA complaint
investigations, seeking subpoena enforcement with the City Attorney Office if necessary.
o Include a witness/evidence matrix and written analysis of each case as part of Commissioners’ case packets.
o Conduct case fact finding presentations for Commissioners. o Clarify communication protocols for the CPCC Staff, Deputy City Attorney, and IA during Commission meetings.
26 Recommended Interim Changes to the CPCC
• Improved functioning (cont.)
o Consider alternative approaches to handling the No Further Action cases.
o Consider restructuring investigation finding categories, particularly the “other/training” finding.
o Create a new finding category of “policy/training” as way to capture Department-wide recommendations.
o Track the status of policy/training recommendations made by the Commission.
27 Recommended Interim Changes to the CPCC
• Improved functioning (cont.)
o Establish guidelines and protocols for the City Manager’s timeline and procedures for reviewing and issuing final findings. o Consider the disadvantages of including the complainant’s criminal history and officer’s complaint history in the case packet. 28 Recommended Interim Changes to the CPCC
• Perceived or actual conflicts of interest
o Assign the CPCC its own Deputy City Attorney to serve as legal representative (change has been made).
o Mitigate the potential for perceived or actual conflicts of interest by improving the City Manager’s process for conducting final reviews of cases.
29 Recommended Interim Changes to the CPCC
• Commission structure and name
o Commissioners should be representative of the Long Beach community and the community should be involved with their appointment/selection.
o Consider renaming the ‘Citizen Police Complaint Commission’ to the ‘Civilian Police Complaint Commission.’ (may require Charter Amendment).
• ADR program
o CPCC, Internal Affairs, and the City Manager’s Office should collaborate on an alternative dispute resolution program. 30 Next Steps
31 Estimated Budget
32 Table 1: FY 22 Adopted CPCC Budget
Personnel Impact
Manager – Citizen Police Complaint Commission 176,382
Investigator – City Manager 159,545
Commissioner Stipends 24,000
Total Personnel (2.50 FTE’s) 359,927
Materials and Support 173,570
TOTAL 533,497
Table 2: Polis-Change Integration Recommended CPCC Staffing Personnel Impact
Inspector General 308,112
Manager - Audit 176,841
Manager – Critical Incidents 176,841
2 Investigators 318,274
Communications Officer 137,530
Executive Assistant 119,768
Commissioner Stipends 24,000
Total Personnel (7.00 FTE’s) 1,261,366
Materials and Support 173,570
TOTAL 1,434,936
Table 3: Budgetary Impact of Implementing Polis-Change Integration Staffing Changes
Current
Budget
Proposed Budget Net Budget
Impact
Total Budget 533,497 1,434,936 901,439
Timeline
33 Task Date
City Council provides recommendation regarding Charter Amendment City Attorney Office to begin preparation of Charter Amendment following Council direction February 15, 2022
Human Resources begins discussions with relevant employee labor organization(s) (timeline for placing the Charter Amendment on the ballot will be contingent on the meet and confer process) February 2022
Deadline for City Clerk to post notice of First Public Hearing for CPCC ballot item in newspaper and three public places (Gov. Code § 34458)
May 24, 2022
Three Public Hearings June 14, July 19, August 9, 2022
Last day to submit direct arguments and impartial analysis (L.B.M.C. 1.24.030) August 19, 2022 Last day to submit rebuttals to City Clerk (Elections Code § 9285) August 30, 2022 Mailing of sample ballots September 29, 2022
Election Day November 8, 2022
Recommendation
34 Recommendations:
• Receive and file the CPCC Evaluation Report
• Provide City staff direction on recommendation to begin the process for a Charter Amendment and initiate the meet and confer process with relevant employee labor organization(s)
Thank you!
35