ORDINANCE NO. 4303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, CREATING A POLICE OVERSIGHT
COMMISSION WITH DUTIES AND RESPONSIBILITIES BY ADDING
DIVISION 6 TO ARTICLE 5 OF CHAPTER 2 OF THE POMONA
MUNICIPAL CODE
WHEREAS, the City' s mission is to improve the quality of life for Pomona's diverse community. In furtherance of our mission, the City, among other things, values excellent customer service and clear and open communication; and
WHEREAS, core values of the Pomona Police Department include being transparent, approachable, and progressive and implementing thesevalues fosters trust and engagementwith the community it serves; and
WHEREAS, The City relies on various cornmissions to provide information, advice, accountability, and expertise on various aspects of city government; and WHEREAS, a taskforcecomprisedof communitymembersandleadershasmetoverthelast few months to discussthe need for a police oversight commission; and WHEREAS, basedonthetaskforcerecommendationsandcommunityinputtheCityCouncil desirestocreateaCityofPomonaPoliceOversightCommissionto, amongotherthings, advance the City' s mission consistent with its core values, improve police accountability to the community, create a mechanism to receive input from different perspectives, create a forum to inform thecommunityaboutPomonaPoliceDepartmentissues, providea venuefor concerned citizens to engage and provide for independent audits and investigations; and WHEREAS, Section802of theCity CharterauthorizestheCity Councilto createboardsor commissions to further the City' s businessand the public interest.
NOW, THEREFORE, BEIT RESOLVEDbytheCityCouncilof theCityof Pomonaasfollows:
SECTION 1. The City Council herebyfinds thattheforegoingrecitalsaretrue andcorrectand are incorporated herein.
SECTION2. TheCity Councilof theCityof Pomonafindstheadoptionof thisordinancetobe statutorilyexemptfrorntherequirementsof theCaliforniaEnvironmentalQualityAct (CEQA) pursuant to CEQA Regulation 15061( b)( 3). Under Regulation 15061( b)( 3), the activity is coveredbythegeneralrulethatCEQAappliesonlytoprojectsthathavethepotentialforcausing a significant effect on the environment. Where it can be seenwith certaintythat thereis no possibility that the activity in questionmay havea significant effect on the environment, the project is exempt from CEQA. This ordinancewill not affectthe physicalenvironmentby permittinga newuseor intensifyingan existinguse. Theordinanceestablishesa policy
ATTACHMENT NO. 1
commission. There is no potential for the changes to result in a significant effect on the environment.
SECTION 3. TheCity Councilof theCity of Pomonaherebyaddsanew Division 6 to Article 5 of Chapter 2 of the Poniona Municipal Code to read as follows:
DIVISION 6.- POLICE OVERSIGHT COMMISSION
2- 651 Establishment and purpose.
2- 652 Appointment.
2- 653 Qualifications of commissioners.
2- 654 Terns of office.
2- 655 Duties and responsibilities.
2-656 Commissionerconfidentialityandtraining.
2-657 Appointment and role of the independent inspector general. 2- 658 Meetings.
See. 2- 651. — Establishment and purpose.
Thereis herebyestablisheda PoliceOversightCommission (hereinafterreferredto asthe Commission"). Thepurposeof theCommissionshallbeto increasetheaccountabilityof 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.
See. 2- 652.— Appointment.
The Commission shall consist of seven ( 7) members who shall be appointed in accordancewith Section 801 of the PomonaCity 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 experiencesof Commission applicants and strive to appointpeoplewhoseexperienceswill 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 demonstratesthat he or shehashadjustice system involvement ( an arrest, participation in a diversion program, incarceration or participation in a probation or parole program) or that he or shehasanimmediatememberof the family who hashadjustice system involvement, unlessthe Mayor announcesprior to making the appointmentthat an applicant satisfying this requireirient has not applied for an appointment. The City Clerk shall prepare applicationformsrequiringapplicantsto provideinformationden-ionstratingthat they meet qualification requirements set forth in this Division 6.
See. 2- 653. - Qualifications of Commissioners.
a)
All membersof the Commissionshallresidein theCity of Pomona.
b) Electedor appointedofficersandemployeesservingtheCity shallnot beeligible for appointment to the Commission,
c) Any person who was an employee of the Pomona Police Department shall not be eligiblefor appointmentto theConirnissionfor atleastfive (5) yearsfollowingtheirseparation date from the City.
d) Any personwhowasemployedasa law enforcementofficerfor anylocal, county, stateor federalagencyshall not beeligible for appointmentto the Commissionfor at leastfive 5) yearsfollowing thedatethattheylastservedin thatrole. e) Any person who has beencharged and disciplined for official misconduct asdefined in SB1421in their position of employmentas a law enforcementofficer shallbe ineligible for appointment to the Commission.
f) Practicingattorneyswhohandle, or aremembersof firmsor entitiesthatCurrently handle, criminal or civil mattersinvolving the PomonaPoliceDepartmentareineligibleto serve on the Commission.
See. 2- 654. - Terms of Office. Each Commissioner shall servea term of four( 4) years.
See. 2- 655. - Duties and responsibilities.
ThePoliceOversightCommissionshallhavethefollowingdutiesandpowers, arnong others asrequestedby the City Council:
a)
AdvisetheMayor, CityCouncil, CityManager, andPoliceChiefoncommunity relations issuesinvolving the PomonaPolice Department.
b) Conduct public meetings to educatethe community on the purpose of the Police Oversight Commission and provide a forum for discussionsabout police policies, practices and procedures.
c) Review and evaluate the policies, practices and procedures of the Pomona Police Departmentandmakesuggestionsandrecommendationsto the PoliceChief to prornote positivepolice-cornmunityrelationsandincreasesafetyin thecommunity. 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. c) 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 enforcementofficer fired a gun at a person, or usedforce that resultedin serious injury or death; where an officer committedsexual assaultagainsta memberof the
public, including attemptsto coercesexor propositionsex while on duty andwherean officer engagedin dishonestyin the investigation, reporting, or prosecutionof crime or police misconduct.
t) ThroughtheCommission's inspectorgeneral, independentlyauditandreview use of forcecomplaintsrising out of actionsof swornpolicepersonnelof the PomonaPolice Department,
g) Investigate, throughtheinspectorgeneralor a third-partyinvestigator, anyneW incidentwhichtheCommissionfinds1) hascreatedacontroversyinthecommunityand 2) is the type of incident requiring public disclosure under 5131421. The Commission may independentlyselectan investigatorfrom a list of investigatorswho haveentered into contracts with the City at the recommendation of the inspector general, The City shall updatethe list of approvedinvestigators before July 30 of eacheven-numbered year.
Theresultsof the independentinvestigationshallbeforwardedto theCity Managerwho, shallprovidea confidentialcopyto the Commissionsubjectto anyredactionsrequiredby law.
h) The Commission may receive personnel complaints from the public and will forward all complaints to the Police Chief for investigation. The InspectorGeneralmay actively monitor ensuing investigations and provide suggestions for investigative follow up upon completion.
i) Prepareand submit an annualreport to the City Council concerningthe Commission's activities, identifying particular situationswhere the Commissionhas determinedthatit did or did not receiveadequateinformationandwhetherhaving subpoena power would have impacted its ability to carry out the duties and responsibilities assigned by this Division 6.
See. 2- 656.— Commissionerconfidentiality and training
a)
Prior to attendinghisor herfirst Commissionmeeting, eachCommissionershalltakeanoath and execute a confidentiality agreement stating that they will not divulge confidential infori- nation,
including identitiesof witnessesand contentsof confidentialtestimonyand documents, either during their term of office or thereafter to ensure that private personnel infonnation and other information subject to statelaw protections is not releasedor shared b) EachCommissionershallsign anacknowledgmentthattheyhaveneverbeendisciplinedfor 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. Receivetrainingin relevantsubjectmattersfacilitatedby InspectorGeneral, by attending training sessions sponsored by the National Association for Civilian Oversight of Law Enforcementor similarentities, or throughpresentationsprovidedon topicsincluding, 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 notlimitedto, GovernmentCodeSection3300et seq. andPenalCodeSections 832. 7 and 832. 8), police department operations, policies, practices, and procedures, and duties, responsibilities, procedures, and requirements associated with all ranks and assignments.
See. 2- 657.— Appointment and role of an Independent Inspector General. a)
TheCityCouncilshall, afterconsideringtherecommendationsof theCityManager andCommission, appointandallocatefundsto payfor aninspectorgeneralwho shallserveas theCommission'sindependentauditorandinvestigator. Inordertoimmediatelyimplementthe inspector general role, the City Council shall selectthe first inspector general, b) The inspector general may be an individual or firm that designatesan individual to servein this role. The inspector general shall have at leastfive ( 5) yearsof experience in investigative, auditing, andpublic policy work in arelatedfield thatincludesexperiencewith statisticsanddatacollectionin apublic sectorentity. Experienceandbackgroundin law enforcement policy and practice is desirable.
Theinspectorgeneralmayassistthe Commissionin performingits duties. The Commissionmayauthorizetheinspectorgeneralto auditcomplaintfiles andreviewpoliciesto ensurebestpracticesareimplemented. TheCommissionmayengagetheinspectorgeneralto makerecommendationsorconductindependentinvestigationsasprovidedin Sec. 2-655 (g) above.
The inspector general shall conduct all audits and investigations in a fair, objective, impartialandethicalmanner, andshallcomplywithalllawsconcerninginterviewsof police officers. The inspector general may discuss findings with the Commission and/or the public so longastheinspectorgeneralcomplieswith CaliforniaPenalCodeSections832.5 and832.7 and CaliforniaGovernmentCodeSections3300, el seq.
TheinspectorgeneralmaymeetwiththeCommissioninclosedsessionasauthorizedby theBrownAct andundercircumstancesrequiringclosedsessiondiscussions.
See. 2- 658. — Meetings.
TheCommissionshallhold its first meetingwithin thirty( 30) daysafterall of its membershave beenappointed. At suchmeeting, theCommissionshallfixthetimeandplaceofregularly scheduledmeetings which shall not be less than once eachmonth. The Police Chief or a person designatedby theCity Managershall attendall regularandspecialmeetingsof theCommission.
SECTION 4. The City Clerk shall attestandcertify to thepassageandadoptionof this Ordinance, and shall causesameto be postedasrequiredby law andthis Ordinanceshall take effect thirty ( 30) days after its final adoption.
SECTION 5. If any section, subsection, sentence clause or phrase or word of this Ordinanceis for anyreasonheldto beinvalidor unconstitutionalby a decisionof ally courtof competentjurisdiction or preemptedby statelegislation, suchdecisionor legislationshall not affectthe validity of the remainingportions of this Ordinance, The City Council of the City of Pomonaherebydeclaresthatit wouldhavepassedthisOrdinanceandeachandeverysection,
subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
PASSED, APPROVED AND ADOPTED this
17t"
day of May, 2021
CITY OF( POMONA:
fullis>a!a' oval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. Butl er,, MMC-
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
1, ROSALIA A. BUTLER,
MMC, CITY CLERKof the City of Pon-lonado hereby
certifythattheforegoingOrdinancewasintroducedforfirstreadingataregularmeetingof the CityCounciloftheCityofPomonaheldonMay3, 2021andwasadoptedatsecondreadingata regular meeting of the City Council of the City of Pomona held on May 17, 2021, by the following vote:
AYES: Garcia, Lustro, Nolte, Ontiveros- Cole, Preciado, Torres, Sandoval NOES: None
ABSENT: None
ABSTAIN: None
ti
RosaliaA-. Butlei" MMC
City Clerk