Agenda packet — Appointments Committee, April 28, 2023

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www.modestogov.com
AGENDA
City of Modesto

SPECIAL APPOINTMENTS COMMITTEE / COUNCIL

WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Friday, April 28, 2023 at 12:00 PM
Roll Call: Rosa Escutia-Braaton, Chair
Chris Ricci, Vice-Chair
Jeremiah Williams, Member
Alternates: David Wright, Sue Zwahlen, Nick Bavaro, Eric Alvarez “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

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Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue.

PUBLIC COMMENTS
Please refer to the special comment instructions above.

Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Members or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

UNFINISHED BUSINESS

1. Consider conducting second round of interviews of 15 applicants for the Community Police Review Board and recommending 9 of the 15 applicants for appointment and forwarding to Council for approval. (Funding Source: Not Applicable)  Motion recommending nine applicants for appointment to the Community Police Review Board and forwarding to Council for approval.  Motion assigning five (5) members to 4-year terms (expiring in 2027) and four (4) members to 5-year terms (expiring in 2028) and forwarding to Council for approval.
 Motion to designate the remaining six applicants as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the Community Police Review Board’s initial establishment and forwarding to Council for approval.

CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

April 28, 2023
Date: April 21, 2023
TO: Appointments Committee
Rosa Escutia-Braaton, Chair
Chris Ricci, Vice Chair
Jeremiah Williams
THROUGH: Joseph P. Lopez, City Manager
FROM: Allison Van Guilder, Deputy City Manager
SUBJECT: Community Police Review Board Interviews
CONTACT: Allison Van Guilder, Deputy City Manager
[email protected], 209-577-5228
DESCRIPTION:

Consider conducting second round of interviews of 15 applicants for the Community Police Review Board and recommending 9 of the 15 applicants for appointment and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Goal A.

Improve Community Safety- Engage staff and local organizations in public safety efforts.

BACKGROUND
The newly formed Community Police Review Board (CPRB) of the City of Modesto was established by Modesto City Council Ordinance No. 3753-C.S.,i on December 13, 2022, as recommended by the Forward Together working group created on June 8, 2021 by Council Resolution No. 2021-216.

Pursuant to Council Resolution No. 2022-358 on August 23, 2022, the Forward Together working group report was accepted by the Council. Included in the report was the recommendation to establish a community oversight board and independent police auditor for the City of Modesto.

The establishment of a Community Police Review Board was recommended as a dual component of a hybrid police accountability model.
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Appointment Committee, April 28, 2023
Community Police Review Board Interviews

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DISCUSSION:

The application process to fill the nine vacancies on the newly formed Community Police Review Board opened on January 3, 2023 and closed on January 31, 2023. City staff advertised these vacancies using a variety of methods including social media, email, webpage, and direct stakeholder outreach. As a result of these efforts, 73 applications were received during the open application period.

The Appointments Committee conducted interviews of 42 candidates on March 30, April 3, and April 11, 2023. The 15 applicants who received the highest scores were invited to a second interview. These 15 candidates are listed below in alphabetical order and the associated applications are attached as Exhibit A.

Applicant Name
Latricia Beasley-Day
Kenneth S. Bryant
Wendy Byrd
Trish Christensen
Frank Damrell
Steven Finch
Austin Grant
Brad Hawn
Douglas Keith Highiet
Sandra Lucas
Julie B. Nelson
Nancy Smith
Nico Solorio
Nicholas C. Sottero
Eileen VerHulst
As outlined in the CPRB bylaws, applicants are subject to interviews by the Appointments Committee. Following the second interviews, the Appointments Committee will recommend the appointment of nine individuals to the CPRB, as required by Council policy, followed by final approval of the City Council. Per CPRB bylaws, the CPRB shall be comprised of nine (9) members who reside within the city limits with preference provided to residents representing diverse ethnicity, gender, sexual orientation, professional experience, organizational affiliations, and neighborhoods/districts in Modesto. Furthermore, per the bylaws Section 1.4 Terms of Office: D.

Members representing seats 1-5 shall have their terms expire on June 30 of the respective odd numbered years. Members in seats 6-9 shall have their terms expire on June 30 of the respective even numbered years. The Appointments committee shall recommend five (5) members to 4- year terms (expiring in 2027) and four (4) members to 5-year terms (expiring in 2028). Due to the extensive recruiting and interview efforts, staff would like to recommend that the remaining six applicants are designated as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the Community Police Review Board’s initial establishment.

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Community Police Review Board Interviews

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FISCAL IMPACT:

There is no fiscal impact related to this action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending nine applicants for appointment to the Community Police Review Board and forwarding to Council for approval.

Motion assigning five (5) members to 4-year terms (expiring in 2027) and four (4) members to 5- year terms (expiring in 2028) and forwarding to Council for approval.

Motion to designate the remaining six applicants as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the Community Police Review Board’s initial establishment and forwarding to Council for approval.

Approved by:
_________________________________________
Allison Van Guilder, Deputy City Manager
Joseph P. Lopez, City Manager

1. Attachments:

CPRB Applications of Applicants for Second Interviews
i
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/3675 #1..
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 1/10 Community Police Review Board Application for Appointment 01/24/2023 4:36 PM (PST)
Application for Appointment on the Community Police Review Board The Modesto Community Police Review Board (CPRB) has been established, under the authority of the City Council, to improve police/community relationships, expand the public’s ability to provide feedback on police accountability, allow for greater civic engagement and further increased awareness of police services and operations. Through the City’s independent auditor, the CPRB will review critical incidents, receive timely notifications of major incidents, review police practices and policies, and serve as an advisory body. The CPRB shall be comprised of nine (9) members who reside within the city limits with preference provided to residents representing diverse ethnicity, gender, sexual orientation, professional experience, organizational affiliations, and neighborhoods/districts in Modesto.

Participate in an initial 20-40 training program provided by the Modesto Police Department (MPD) and other sources.

Conduct monthly public meetings to promote community engagement and to afford the public regular opportunities to provide feedback and receive updates.

Receive complaints from members of the public and directly refer those complaints to the City Manager for investigation by MPD.

Participate in community meetings hosted by MPD following major incidents and be provided the opportunity to explain the role of the CPRB, as necessary.

Conduct regular community engagement and outreach, with each member required to participate in events which raise awareness of the CPRB, and those focused on youth and improving police/community relationships.

Sign and abide by a confidentiality/non-disclosure agreement.

Comply with all applicable state and federal laws regarding confidentiality.

Refer to Board Bylaws (PDF) for full list of responsibilities.

Meetings
Board will meet every third Thursday of the month at 5:00PM (Location may vary).

CPRB members shall be registered electors of the City and each will have active involvement or interest in improving the relationship between MPD and the Modesto community.

As part of the selection process, the Appointments Committee will conduct interviews of all CPRB applicants.

All appointments to the CPRB shall be recommended by the City’s Appointments Committee and approved by the City Council.

No Member of the CPRB shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.

No Member of the CPRB shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director.

All Members must complete a Statement of Economic Interest (Form 700) by April 1 of each year and when assuming or leaving CPRB membership.

Members must reside in the City of Modesto for at least one year prior at the time of appointment and must reside in the City of Modesto during the entire tenure of service and be at least 18 years of age at the time of the application submittal.

Members will be expected to be fair, impartial and unbiased, committed to community service, ability to build working relations, and communicate effectively with diverse groups.

All applicants for the CPRB will be subject to background checks.

CPRB members shall not hold a current sworn officer position or be an employee of any law enforcement agency.

Retired or former Modesto Police Department personnel shall not be eligible to serve on the CPRB.

Refer to the Board Bylaws (PDF) for full list of eligibility requirements. #1..
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 2/10 Members shall serve for a term of four years. If reappointed, incumbent members may serve a second, fouryear term. Special consideration shall be given first to eligible incumbent members, then to eligible applicants. Each member is to hold office for no more than two terms consecutively.

Members of the CPRB may be removed by a majority vote of the City Council.

Refer to the Board Bylaws (PDF) for full Terms of Office.

Application Deadline
Applications must be submitted to the City Manager’s Office or submitted online no later than close of business on January 31, 2023. All candidates will be notified within 30 days of the application closing period #1..
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 3/10 Name Austin Grant
Mailing Address
City Modesto
State CA
Postal Code 95355
Email Address
Primary Phone Number
Are you a paid employee of the
City of Modesto?
No
Present Employer Name Stanislaus County
Job Title Analyst
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 4/10 Do you reside within Modesto City Limits? Yes
How long have you lived in the
City of Modesto?
21 Years
Have you previously served on
any Board, Committee or
Commission for the City
Modesto?
Yes
Previous Boards or Commissions
i. Name of Board or Commission
Forward Together
Start Date
05/22/2021
End Date
12/13/2022
The City prohibits Community
Police Review Board members
who have active litigation or a
claim against the City of
Modesto. Do you currently have
any pending claims or lawsuits
against the City?
No
No person retired peace officer
from the Modesto Police
Department or previously
employed by the Modesto Police
Department is eligible for
appointment. Are you currently
employed or have you been
previously employed by the
Modesto Police Department as a
sworn officer?
No
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 5/10 References
i. Name
Jessica Self
Address

Email Address
Phone Number
Relationship
Professional
ii. Name
Chris Ricci
Address
1010 10th Street Modesto, CA 95354
P.O. Box 642 Modesto, CA 95353
Email Address
Phone Number
Relationship
Professional
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 6/10 The below demographic information is optional. Proceed to the next page if you do not wish to provide your demographic information at this time.

The racial/ethnic category which
you most closely identify with:

Black or African American: Persons having origins in any of the black racial groups of Africa.

Gender Male
Age 21 to 30
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 7/10 Do you have any educational institution information to add? Yes Educational Institution Information
i. Course of Study
Political Science
Degree Yes or No?
Yes
Please Describe your Degree
I have a Bachelors Degree in Political Science from Fisk University. ii. Course of Study
Legal Studies
Degree Yes or No?
Yes
Please Describe your Degree
I have Masters degree in Legal Studies from Humphreys University.

Do you have any professional
licenses / certificates to add?
No
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 8/10 List any organizations or groups
that you belong to or are involved
with:

Stanislaus County Parks and Recs: Member-at-Large
Forward Together: Member
Equity Commission: Member
NAACP Stanislaus: Member
United Black Student Union Central Region: President
African American Caucus: Vice President
Omega Psi Phi: Member
Briefly explain your interest in
serving on the Police Review
Board.

I want to serve on the Police review board to protect our citizens from officer involved shootings. Over the last decade the Modesto Police Department has had an issue with officer involved shootings due to failed training methods. I also want to join this board to show that our police department is making an effort to allow our community to evaluate their behavior and integrity. The Modesto police Department is also putting their organization on the line and should be commended for opening their organization up to the community. I want to them to get their shine as well.

What personal experience or
qualifications will you bring to the
Police Review Board?
I do not hold any bias toward the Modesto Police Department. I have eliminated my bias when I took part in the legacy alliance police and civilian training. at first, I did not want to join because of my past experiences with law enforcement. the training eliminated my bias because the officers that participated were honest and willing to change the narrative about their department.

I have my bachelors degree in political science and a masters in legal studies.

Also, I have auditing experience at the State level with compliance of policies and procedures with the State of Tennessee and I have legislative experience with The State of California level. I can bring my legal expertise to review bylaws, policies and procedures, and any legal matters involving the board.

Please share examples of your
community involvement.

As a young man that grew up in the city of Modesto. I can say that I'm one of the most active members in the community. I have helped out with just about every organization in Modesto from the Modesto Chambers of Commerce to the NAACP. I also put on event through out the city with an emphasis of leadership development and the mentorship of young children. in highschool, my black student union sent over 4,000 school supplies to an elementary school in Liberia, I have helped children overturn their suspensions that had disputes with Modesto city Schools, I was a Leadership Modesto Recipient in 2018, and I am putting on a spelling bee for the kids on the west side of Modesto. To me, working for my community is dream of mine and I'm truly living it. #1..
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 9/10 Board members will be expected
to engage in community outreach
and education activities in an
effort to build relationships with
the Police Department. Give an
example of how you will work
towards building relationships
with the public to educate them
about the role of the CPRB.

I think they're 6 things we need to do as a board to increase outreach and education activities in an effort to build relationships with the Police Department.

1. Provide a city-wide training between citizens and the police department.

Citizens need to know how hard it is to be a police officer and what our officers face on a day to day basis.

2. I believe if we provided a montly public newsletter that shows our police department in a positive light.

3. Our police officers need to hold public community forums for our citizens. therefore, our citizens can ask questions first hand to our officers about their concerns in their community.

4. Issuing clear and quick communication after officer-involved shootings.

5. Interact with Modesto City School district and hold interventions with at risk youth.

6. Our board meetings need to be publicized to the public through social media, the newspaper, and beyond
I believe this would be a good start for building relationships with the public to educate them about the role of the CPRB.

Date of Birth 1995
Police Review Board candidates must undergo a background check prior to serving on the Board. The background check takes approximately 30 days to complete. If selected to participate, you will be contacted with instructions to complete a background check.

Please check the boxes below to agree to the terms of this requirement.

Form 700 Requirement Members will be subject to filing annual Statements of Economic Interest (Form 700) pursuant to provisions of the California Political Reform Act of 1974.

Type Your Name Austin Grant
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Submission ID: 27d5e150-2545-4b91-8f5c-8676106347db Page 10/10 Please Sign File(s) attached:

Executed on: (Date) 01/23/2023
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Submission ID: ca856b55-87c6-4956-838f-64864956ae05 Page 1/9 Community Police Review Board Application for Appointment 01/31/2023 3:29 PM (PST)
Application for Appointment on the Community Police Review Board The Modesto Community Police Review Board (CPRB) has been established, under the authority of the City Council, to improve police/community relationships, expand the public’s ability to provide feedback on police accountability, allow for greater civic engagement and further increased awareness of police services and operations. Through the City’s independent auditor, the CPRB will review critical incidents, receive timely notifications of major incidents, review police practices and policies, and serve as an advisory body. The CPRB shall be comprised of nine (9) members who reside within the city limits with preference provided to residents representing diverse ethnicity, gender, sexual orientation, professional experience, organizational affiliations, and neighborhoods/districts in Modesto.