CITY OF
LONG BEACH
June 14, 2022
CHARTER AMENDMENT COMMITTEE
City of Long Beach
California
RECOMMENDATION:
Office of the City Manager 2 411 West Ocean Boulevard, 10 u
' Floor long Beach, CA 90802
(562) 570-6711
Recommendation to receive and file comments from the community, receive and file supporting documentation into the record, and move to a second public hearing on the proposed amendment to the Long Beach City Charter to establish a Police Oversight Commission and add a Director of Police Oversight position by amending and restating Article XIA. (Citywide)
DISCUSSION
On February 15, 2022, the City Council received a presentation of the evaluation final report and directed City staff and the City Attorney to begin the process for a City Charter amendment and to initiate the meet and confer process with relevant employee labor organization(s).
On May 24, 2022, the Long Beach City Council voted to convene the Charter Amendment Committee of the City Council to consider placing a City Charter amendment before voters to amend and restate Article XIA of the Long Beach City Charter (Citizen Police Complaint Commission) to establish a Police Oversight Commission and add a Director of Police Oversight position. A copy of the Council letter associated with that vote is attached hereto (Attachment A). Below are the recommended Charter changes to be made:
Police Oversight Commission
Proposed powers and duties of the Commission include:
• Solicit input from the community on recommendations under consideration; • Provide feedback to Police Oversight Director on annual reports with a focus on statistical trends and special reports on matters addressed by the Police Oversight Director; • Educate and engage with the community and bring community concerns to the attention of the Police Oversight Director and the Long Beach Police Department; and • Receive briefings on high-profile incidents and keep confidential such information to the maximum extent permitted by law.
ATTACHMENT A
Citizen Police Complaint Commission
(CPCC) Charter Amendment
City Council Meeting - May 24, 2022
• Independent evaluation of CPCC
conducted May 2021 – January 2022
City Council Direction on CPCC Evaluation
2 • Final evaluation report presented to the
City Council on February 15, 2022
• City Council directed City staff and City
Attorney to begin the Charter Amendment
process:
- Prepare draft Charter amendment language
- Initiate the meet and confer process
City Charter Amendment Process
City Attorney Prepares Draft Amended Charter Language (Completed) Language to amend and restate Article XIA of the City Charter to establish a Director of Police Oversight and a restructured Police Oversight Commission
Meet and Confer (Completed)
City staff met with impacted labor associations regarding the proposed Charter Amendment language, and successfully completed the process.
City Council referral to Charter Amendment Committee (Action Requested) Request the Mayor and Council to refer a Charter Amendment to Charter Amendment Committee requesting the voters to amend the City Charter to establish a Director of Police Oversight and a restructured Police Oversight Commission.
3 CPCC Charter Changes
• Appoint a Police Oversight Director
• Establish a Police Oversight Commission
• Amend the number of members and term of the Police Oversight Commission (to be consistent with other City Charter Commissions)
• Authorize staffing of administrative and management functions of the Commission to be addressed in the Municipal Code.
• Authorize the Commission budget to be determined by the City Council, sufficient to conduct the function and duties of the Director and Commission. • Trigger meet and confer process with affected labor associations regarding workplace impacts
If approved by voters, the Charter Amendment would:
4 Timeline For Charter Amendment Process
5 Activity Date
City Clerk to post notice of First Charter Amendment Committee meeting May 24, 2022 Three Public Hearings of the Charter Amendment Committee 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
Thank you!
6 ATTACHMENT B
ARTICLE XIA - POLICE OVERSIGHT COMMISSION AND POLICE OVERSIGHT
DIRECTOR
Section 1150. CREATION OF POLICE OVERSIGHT COMMISSION.
There is hereby created a Police Oversight Commission.
Section 1151. MEMBERSHIP AND TERM OF POLICE OVERSIGHT COMMISSION.
A. Members. The Police Oversight Commission shall be composed of seven (7) members who are broadly representative of the racial, ethnic, religious, age, gender, sexual identity, and disabled members of the general public, and who re side in the City of Long Beach. Each member shall be appointed by the Mayor, subject to confirmation by the City Council.
B. Term of Office. The term of office for members of the Commission shall be four (4) years. No member shall be appointed for more th an two (2) consecutive terms.
Notwithstanding the provisions of this Section, the three (3) members first appointed by the Mayor to this Police Oversight Commission shall serve for an initial two (2) year term.
Members serving an initial two (2) year term shall be eligible for re -appointment to one (1) additional four (4) year term.
C. Vacancies. Appointments to fill vacancies on the Commission shall be made within sixty (60) days of the position becoming vacant. Appointments to fill vacancies shall be for the unexpired term of the member whom the appointee succeeds. Serving any portion of an unexpired term shall not be counted as service of one term. A vacancy or vacancies shall not impair the right of the remaining members to exercise the powers of the Commission.
D. Quorum. A majority of members of the Commission shall constitute a quorum, and the affirmative vote of at least a majority of members shall be required to take any action.
Section 1152. APPOINTMENT OF POLICE OVERSIGHT DIRECTOR
The City Council shall appoint a Police Oversight Director who shall be the chief administrative officer of the Police Oversight Commission. The City Council, subject to veto by the Mayor and City Council override by a vote of two-thirds (2/3) of its members, shall appoint the person deemed best qualified on the basis of executive and administrative capabilities, with special reference to experience in, and knowledge of, accepted practices with respect to the duties of the office as set forth in this Charter. The Police Oversight Director shall be appointed for an indefinite period and cannot be removed from office except by a vote of five (5) members of the City Council, subject to
veto by the Mayor and City Council override by a vote of two-thirds ( 2/3 ) of its members.
The Director shall have the following authority:
A. Audit completed investigations for timeliness, thoroughness and quality;
B. Review Internal Affairs’ intake of complaints to ensure the appropriate allegations have been included for investigation;
C. Investigate issues, such as complaints against the Chief or Command S taff, an officer-involved-shooting, an in -custody death, or other critical incident , as defined in California Government Code Section 6254(f)(4)(C), upon request of the City Manager or designee;
D. Review all major use of force incidents, which shall be defined as incidents in which the use of force by any peace, custodial or public officer, as defined in California Penal Code Section(s) 830.33(d), 831(a) and 836.5(a), against a person, resulted in death or in great bodily injury;
E. Have access to the scene of critical incidents to observe Long Beach Police Department’s handling of the incident investigation;
F. Prepare an Annual Report with a focus on Statistical trends and special reports;
G. Make recommendations and prepare reports to the Commission relating to Long Beach Police Department operations, policy, procedures and training;
H. Have access to all relevant Police Department records and data, with the authority to question witnesses, including Police Department personnel, in order to fulfil the duties stated herein; and
I. Required to preserve the privacy of Long Beach Police Department employees, including personnel files, and keep confidential all Long Beach Police Department files and other data to the maximum extent permitted by law.
Section 1153. POWERS AND DUTIES OF THE COMMISSION.
The Commission shall have the following powers and duties:
A. Provide input to Police Oversight Director on setting auditing priorities and to review and approve recommendations from the Police Oversight Director; B. Solicit input from the community on recommendations under consideration;
C. Provide feedback to Police Oversight Director on annual reports with a focus on statistical trends and special reports on matters addressed by the Police Oversight Director;
D. Educate and engage with the community and bring community concerns to the attention of the Police Oversight Director and the Long Beach Police Department; and E. Receive briefings on high-profile incidents and keep confidential such information to the maximum extent permitted by law.
Section 1154. CONFIDENTIALITY
The Commission’s m eetings shall be open to the public to the extent legally possible and insofar as it does not conflict with state or federal law.
Section 1155. STAFF ASSISTANCE AND BUDGET
Staffing for administrative and management functions of the Commission will be addressed in the Municipal Code. The Commission will have a budget, as determined by the City Council, sufficient to conduct the Commission's mission and business.