Pasadena City Council
May 13, 2024

Report on Recommended Charter ChangesDr. Richard Rosenthal Independent Police AuditorMay 13, 2024 Pros and Cons of IPA with/without Direct Input in Sworn Police Officer Personnel MattersStrengths of IPA without Direct Input (current model)•Structural independence between IPA and PPD•IPA with no reason to “defend” merits of a personnel decision•IPA can provide after-the-fact input to improve future decision-makingStrengths of IPA with Direct Input (IPA/CPOC proposal)•Assist PPD with pending personnel investigations to ensure they are thorough, fair, and complete prior to completion•Direct participation in discussions of personnel matters, as decisions being made•PPD has opportunity to make personnel decisions with direct input from IPA2 Pros and Cons of Current IPA Model vs. Direct Input in Sworn Police Personnel Matters“[…] it is a rule of inverse proportionality: the closer you are to an agency, the more access you have, the more you are able [to be] productive–the greater likelihood that you will be perceived as being too close and lacking independence. The more distance you place between yourself and the agency through different devices, the more you will be perceived as independent, but the less you will actually be making a difference in impacting how the agency decides issues of accountability.”-Oversight Director quoted in: Rosenthal (2018) Perspectives of Directors of civilian oversight of law enforcement agencies, Policing, An International Journal, V ol. 41, No. 4, p. 440.3 CPOC Recommendation:Complaint Handling Process Enhancements 4 Complaint Process Enhancements Background•In addition to IPA providing direct input in personnel matters, the CPOC voted to recommend City Council consideration of enhancements to the complaint handling process, including further staffing to execute these duties on behalf of the Commission.•IPA proposes that such enhancements would not require a Charter change:1. City could authorize the employment of a “Complaint Navigator” who takes in complaints on behalf of the CPOC, ensures they are appropriately filed, tracks the investigation, communicates responses, and updates the CPOC on types of complaints and their status.2. Alternatively, IPA, with authority already given, could use current CPOC staff to serve in this role.3. IPA recommends Council wait for IPA Assessment of PPD complaint handling before taking any action.•Chair Jones to share CPOC perspective and position.5 IPA and CPOC Suggested Next Steps•IPA and the CPOC are asking the City Council to consider instructing staff to move forward with a potential Charter amendment for November 2024 election to either enhance the IPA role or create a new position that provides direct input in personnel matters.•In the alternative, Council could consider moving the IPA position to report to the City Manager, instead of the City Council. This would potentially allow the IPA to serve in an enhanced role without a Charter amendment.•Note that this alternative has not been considered or discussed by the CPOC and would have the potential to reduce the current level of structural independence for the IPA. 6