Police Oversight Commission Comparison Chart
Voter Approved Charter Amendment Ordinance No. 4303
Sec. 806 (a) There hereby is established the Pomona Police Oversight Commission (hereinafter, Commission), which is established to increase the accountability and public
confidence in the Pomona Police Department and the police complaint process and provide a forum for community
conversations about the operation and review of law
enforcement activities.
Sec. 2-651 Establishment and Purpose
There is hereby established a Police Oversight Commission (hereinafter referred to as the “Commission"). The purpose of the Commission shall be to increase the accountability of and public confidence in the Pomona Police Department, provide for an independent inspector general to assist in reviewing the police complaint process and provide a forum to review and evaluate and make recommendations about police and public safety.
Sec. 806 (b) The Commission shall have the following functions and duties:
1. Advise the Mayor, City Council, City Manager and/ or Police Chief on all police and law enforcement community relations issues.
2. Conduct public outreach to educate the community on the purpose of the Commission and to hear from the community with respect to policing.
3. Review information and statistics regarding police
complaints, policies and practices and advise the Pomona Police Department in matters pertaining to police policies and practices.
4. Receive community complaints and concerns and refer them to the City Manager, Police Department, and/or an
independent auditor, investigator or inspector general for review and response.
5. Authorize the use of an independent auditor, investigator, or inspector general, review and/ or investigate incidents arising out of or in connection with the actions of sworn personnel of the Pomona Police Department, including the death of any individual arising from the use of force or actions of sworn police personnel, complaints of use of force against a minor Sec. 2-655 Duties and Responsibilities
The Police Oversight Commission shall have the following duties and powers, among others as requested by the City Council:
a) Advise the Mayor, City Council, City Manager, and Police Chief on community relations issues involving the Pomona Police Department. b) Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices and procedures. c) Review and evaluate the policies, practices and procedures of the Pomona Police Department and make suggestions and
recommendations to the Police Chief to promote positive police- community relations and increase safety in the community. d) Receive notification from the Police Chief when a use of force complaint involving a sworn member of the police department is received or initiated. Complaints resulting in a criminal investigation may delay a report from the Police Chief as administrative investigations are conducted at the conclusion of criminal investigations.
e) Request reports from the Police Chief and conduct meetings on incidents which meet the public disclosure requirements set forth in SB 1421. SB 1421 gives the public the right to access records related to investigation and discipline of peace officers where a law and other incidents involving sworn personnel of the Pomona Police Department as determined by a majority of the
Commission' s membership.
6. Discuss results of reviews and investigations and share such results in public meetings to the extent legally permissible under State and Federal law.
7. Following a review and/ or investigation, make findings and recommendations to the City Manager and Police Chief related to allegations of misconduct.
8. Submit findings and recommendations to the Police Chief and City Manager who shall consider them when making
disciplinary determinations, provided that the Commission makes such findings and recommendations and submits them to the Police Chief and City Manager prior to disciplinary action being taken.
9. Prepare and submit an annual report to the City Council on Commission activities and recommendations.
10. Perform other duties and exercise other powers as may be prescribed by this Charter or by Ordinance or Resolution of the City Council as more particularly set forth in subsection (f). enforcement officer fired a gun at a person, or used force that resulted in serious
injury or death; where an officer committed sexual assault against a member of the public, including attempts to coerce sex or proposition sex while on duty and where an officer engaged in dishonesty in the investigation, reporting, or prosecution of crime or police misconduct.
f) Through the Commission's inspector general, independently audit and review use of force complaints rising out of actions of sworn police personnel of the Pomona Police Department.
g) Investigate, through the inspector general or a third- party investigator, any new incident which the Commission finds 1) has created a controversy in the community and 2) is the type of incident requiring public disclosure under SB1421. The Commission may independently select an investigator from a list of investigators who have entered into contracts with the City at the recommendation of the inspector general. The City shall update the list of approved investigators before July 30 of each even- numbered year. The results of the independent investigation shall be forwarded to the City Manager who shall provide a confidential copy to the Commission subject to any redactions required by law.
h) The Commission may receive personnel complaints from the public and will forward all complaints to the Police Chief for investigation.
The Inspector General may actively monitor ensuing investigations and provide suggestions for investigative follow up upon completion. i) Prepare and submit an annual report to the City Council concerning the Commission's activities, identifying particular situations where the Commission has determined that it did or did not receive adequate information and whether having subpoena power would have impacted its ability to carry out the duties and responsibilities assigned by this Division 6.
Sec. 806 (c) Notwithstanding Section 801 of this Charter, the Commission shall be comprised of five members appointed by a majority vote of the City Council. Each Commissioner shall serve four years and may be reappointed by a majority vote of the City Council except that the initial terms for two of the members, as determined by the City Council, shall be two years to ensure continuity. Mid-term vacancies shall be filled by a majority vote of the City Council. The Commission shall be made up exclusively of Pomona residents who have the ability to be fair and impartial, reflect the diversity of the community and possess other additional qualifications as determined by the City Council. The City Council shall promptly remove a Commissioner for violations of confidentiality, refusal to complete any required training or other violations as
determined by the City Council. No person who currently serves or has served as police personnel may serve on the Commission within five (5) years of the day of their last date of
employment.
Commissioner qualifications not specified in Charter
Amendment other than residency requirement, ability to be fair and impartial, reflect community diversity.
Sec. 652 Appointment
The Commission shall consist of seven (7) members who shall be appointed in accordance with Section 801 of the Pomona City Charter whereby the Mayor and each Councilmember shall appoint one Commissioner. The Council shall endeavor to appoint members who are fair and impartial and represent diverse social, economic and political interests. The Council shall consider the career and life experiences of Commission applicants and strive to appoint people whose experiences will most benefit the Commission' s ability to carry out its duties and responsibilities and build trust with the community. The Mayor shall appoint a Commissioner who
demonstrates that he or she has had justice system involvement (an arrest, participation in a diversion program, incarceration or participation in a probation or parole program) or that he or she has an immediate member of the family who has had justice system involvement, unless the Mayor announces prior to making the appointment that an applicant satisfying this requirement has not applied for an appointment. The City Clerk shall prepare application forms requiring applicants to provide information demonstrating that they meet qualification requirements set forth in this Division 6.
Sec. 2-653 Qualifications of Commissioners
a) All members of the Commission shall reside in the City of Pomona. b) Elected or appointed officers and employees serving the City shall not be eligible for appointment to the Commission.
c) Any person who was an employee of the Pomona Police
Department shall not be eligible for appointment to the Commission for at least five (5) years following their separation date from the City. d) Any person who was employed as a law enforcement officer for any local, county, state or federal agency shall not be eligible for appointment to the Commission for at least five (5) years following the date that they last served in that role.
e) Any person who has been charged and disciplined for official misconduct as defined in SB1421 in their position of employment as a
Commissioner confidentiality and training not specified in Charter Amendment.
law enforcement officer shall be ineligible for appointment to the Commission.
f) Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the Pomona Police Department are ineligible to serve on the Commission.
Sec. 2-654 Terms of Office
Each Commissioner shall serve a term of four( 4) years
Sec. 2-656 Commissioner Confidentiality and Training
a) Prior to attending his or her first Commission meeting, each Commissioner shall take an oath and execute a confidentiality agreement stating that they will not divulge confidential information, including identities of witnesses and contents of confidential testimony and documents, either during their term of office or thereafter to ensure that private personnel information and other information subject to state law protections is not released or shared b) Each Commissioner shall sign an acknowledgment that they have never been disciplined for employee misconduct.
c) No later than 90 days after appointment, each member shall:
1. Participate in a ride- along with the Pomona Police Department; and
2. Receive training in relevant subject matters facilitated by Inspector General, by attending training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law including, but not limited to, Government Code Section 3300 et seq. and Penal Code Sections 832. 7 and 832. 8), police department operations, policies, practices, and procedures, and duties, responsibilities, procedures, and requirements associated with all ranks and assignments.
Sec. 806 (d) City Departments shall cooperate, provide relevant documents, and render all necessary and reasonable assistance to the Commission in support of the duties specified herein.
The Commission may issue subpoenas to require the
attendance of witnesses, including persons employed by the City of Pomona, and the production of documents and records pertinent to the investigation and to administer oaths to such witnesses and to take testimony to the extent permissible by law.
Issuance of subpoenas not specified in Ordinance No. 4303.
Sec. 806 (e) The City Council shall provide funding, staffing, training, and resources to ensure the Commission can
successfully perform its duties and exercise its powers. Any independent auditor, investigator or inspector general retained or hired to assist the Commission shall be selected by the City Council or City Manager, subject to approval of the
Commission, by a majority vote of the membership of the Commission.
Inspector General’s role and qualifications not specified in Charter Amendment.
Sec. 2-657 Appointment and role of an Independent Inspector General
a) The City Council shall, after considering the recommendations of the City Manager and Commission, appoint and allocate funds to pay for an inspector general who shall serve as the Commission's independent auditor and investigator. In order to immediately implement the inspector general role, the City Council shall select the first inspector general.
b) The inspector general may be an individual or firm that designates an individual to serve in this role. The inspector general shall have at least five (5) years of experience in investigative, auditing, and public policy work in a related field that includes experience with statistics and data collection in a public sector entity. Experience and background in law enforcement policy and practice is desirable.
The inspector general may assist the Commission in performing its duties. The Commission may authorize the inspector general to audit complaint files and review policies to ensure best practices are implemented. The Commission may engage the inspector general to make recommendations or conduct independent investigations as provided in Sec. 2- 655 (g) above.
The inspector general shall conduct all audits and investigations in a fair, objective, impartial and ethical manner, and shall comply with all laws concerning interviews of police officers. The inspector general may discuss findings with the Commission and/ or the public so long as the inspector general complies with California Penal Code Sections 832. 5 and 832. 7 and California Government Code Sections 3300, el seq.
The inspector general may meet with the Commission in closed session as authorized by the Brown Act and under circumstances requiring closed session discussions.
Funding, staffing, and resources not specified in Ordinance No. 4303.
Sec. 806 (f) The Commission may make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of this section. The City Council may, on its own motion, enact legislation or regulations that will further the goals and purposes of this section, but shall not adopt such legislation or regulations that reduce the duties or powers of the Commission or which otherwise conflict with this section. Legislation or regulations proposed by the Council shall be submitted to the Commission for review and comment. The Commission shall have sixty (60) days to submit its comments to the City Council, such time to be extended only by consent of the City Council. The City Council shall consider the Commission comments prior to enacting any legislation or regulations.
Recommendations for legislation not specified in Ordinance No. 4303.
Meetings not specified in Charter Amendment. Sec. 2-658 Meetings The Commission shall hold its first meeting within thirty (30) days after all of its members have been appointed. At such meeting, the Commission shall fix the time and place of regularly scheduled meetings which shall not be less than once each month. The Police Chief or a person designated by the City Manager shall attend all regular and special meetings of the Commission.