CITY OF POMONA
COUNCIL REPORT
July 17, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING THE POMONA CITY CODE RELATING TO THE POLICE OVERSIGHT COMMISSION PURSUANT TO THE PROVISIONS OF ARTICLE VIII, SECTION 806 OF THE CHARTER OF THE CITY OF POMONA RECOMMENDATION:
It is recommended that the City Council take the following actions:
Introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4333 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING DIVISION 6 (“POLICE OVERSIGHT COMMISSION”) OF ARTICLE 5 (“BOARDS AND COMMISSIONS”) OF CHAPTER 2 (“ADMINISTRATION”) OF THE POMONA CITY CODE RELATING TO THE POLICE OVERSIGHT COMMISSION PURSUANT TO THE PROVISIONS OF ARTICLE VIII (“APPOINTIVE BOARDS AND COMMISSIONS”) SECTION 806 (“POLICE OVERSIGHT COMMISSION”) OF THE CHARTER OF THE CITY OF POMONA Approve the dissolution of the current Police Oversight Commission pursuant to Article VIII, Section 801 of the Charter and set the Commission’s last meeting for August 15, 2023.
EXECUTIVE SUMMARY:
The City Council established a Police Oversight Commission (“Commission”) in May 2021 by adopting Ordinance No. 4303 (Attachment No. 1). At the November 8, 2022 General Municipal Election, the voters in Pomona approved to establish a Police Oversight Commission through a new amendment to the City Charter (Attachment No. 2). City Attorney Sonia Carvalho advised City staff that Ordinance No. 4303 and the Charter Amendment contained many similarities and therefore for the new Commission advised to amend Ordinance No. 4303 to incorporate the new Charter Amendment requirements. Proposed Ordinance No. 4333 (Attachment No. 3) incorporates the provisions of the Charter Amendment and leaves in the provisions of existing Ordinance No. 4303 that are not inconsistent with the Charter Amendment and which are necessary in order to select the new Commission and undertake their obligations.
FISCAL IMPACT:
Currently the City has a contract with the OIR Group for inspector general services with the rate of $225 per hour and Cristina Talley of Talley & Talley for legal services with the rate of $300 per hour. In FY 2022-23, a total of $20,768 was paid to both of these contracts for their work on the Commission. The new Police Oversight Commission will require the same services from an independent inspector general and legal advisor. The funding for these services will be included in the FY 2023-24 General Fund Proposed Budget under Controllable Contracts.
It is unknown at this time of additional fiscal impacts brought forth by this Commission.
PREVIOUS RELATED ACTION:
On May 17, 2021, the City Council adopted Ordinance No. 4303, which created a Police Oversight Commission by amending the Pomona Municipal Code by adding Division 6 to Article 5 of Chapter 2 of the Pomona Municipal Code.
DISCUSSION:
Significant changes in Ordinance No. 4333
Appointment and Removal – Section 2-652
Commission shall be comprised of five members appointed by majority vote of the City Council Terms of office – Section 2-654
4 year term except initial term for two members will be 2 years Legislation and Regulations to Further Goals of Charter Section 806 – Section 2-659 Commission may make recommendations to the City Council for enacting legislation or regulations to further the goals and purpose of the Police Oversight Commission Commission Funding, Support – Section 2-660
Council shall provide funding, staffing, training, and resources to the Commission Subpoenas – Section 2-661
Commission has the authority to issue subpoenas for witnesses (including City employees) and documents Similarities with current Ordinance No. 4303
The following sections remain similar to Ordinance No. 4303 with any changes noted.
Establishment and Purpose –Section 2-651
Updated language to be consistent with the Charter Amendment Qualifications of Commissioners – Section 2-653
Updated language to be consistent with the Charter Amendment Current employees of Pomona Police Department shall not be eligible for appointment Duties and Responsibilities – Section 2-655
Updated language to be consistent with the Charter Amendment Commissioner Confidentiality and Training – Section 2-656 (no changes) Appointment of Independent Auditor, Inspector General, Investigator – Section 2-657 Updated language to be consistent with the Charter Amendment Role of the Inspector General now listed under “Duties and Responsibilities” Meetings – Section 2-658 (no changes)
The current Police Oversight Commission will hold its last meeting on August 15, 2023 and will be dissolved once Ordinance No. 4333 goes into effect on September 6, 2023.
Recruitment for Commission members will begin after Ordinance No. 4333 is adopted at the August 7, 2023 City Council meeting. Existing Commission members will be allowed to apply for the new Commission. Applications will be reviewed by a Council subcommittee and those applications selected will be brought to the October 2, 2023 City Council meeting for approval.
Prepared by:
_____________________________
Karla Shipman
Assistant City Clerk
ATTACHMENTS:
Attachment No. 1 – Ordinance No. 4303
Attachment No. 2 – Approved Charter Amendment
Attachment No. 3 – Proposed Ordinance No. 4333
Amendment to City Code Regarding Police Oversight Commission