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:
1) 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
2) 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 (Attach ment 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) ATTACHMENT NO. 1
Amendment to City Code Regarding Police Oversight Commission
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 c ontract with the OIR Group for i nspector 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 C ommission 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
o Commission shall be comprised of five members appointed by majority vote of the City Council
Terms of office – Section 2-654
o 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 o Commission may make recommendations to the City Council for enacting legislation or regulations to further the goals and purpose of the Police Overs ight Commission
Commission Funding, Support – Section 2-660
o Council shall provide funding, staffing, training, and resources to the Commission Subpoenas – Section 2-661
o 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
o Updated language to be consistent with the Charter Amendment Qualifications of Commissioners – Section 2-653
Amendment to City Code Regarding Police Oversight Commission
o Updated language to be consistent with the Charter Amendment o Current employees of Pomona Police Department shall not be eligible for appointment
Duties and Responsibilities – Section 2-655
o 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 o Updated language to be consistent with the Charter Amendment o 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:
1) Attachment No. 1 – Ordinance No. 4303
2) Attachment No. 2 – Approved Charter Amendment
3) Attachment No. 3 – Proposed Ordinance No. 4333
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
ATTACHMENT NO. 2
ATTACHMENT NO. 3
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
WHEREAS, on or about May 17, 2021, the City Council of the City of Pomona, based on recommendations of a task force comprised of community members and leaders, enacted Ordinance No. 4303 establishing a Police Oversight Commission to, among other things, 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 the community about Pomona Police Department issues, provide a venue for concerned citizens to engage and provide for indep endent audits and investigations of matters involving the Pomona Police Department; and
WHEREAS, at the November 1, 2022, Municipal Election, the electors of the City of Pomona enacted a new Section 806 to Article VIII of the City Charter establishing a Pomona Police Oversight Commission 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; and
WHEREAS, the City Council desires to amend Division 6 of Article 5 of Chapter 2 of the Pomona Municipal Code to implement Charter Section 806 while maintaining those provisions which are not inconsistent with Section 806 and are necessary to t he orderly selection of Commission members and the ability of the Commission to fulfill their functions and duties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein.
SECTION 2. The City Council of the City of Pomona finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation 15061(b)(3). Under Regulation 15061(b)(3), the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with cer tainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is exempt from CEQA. This ordinance will not affect the physical environment by permitting a new use or intensifying an existing use. The ordinance establishes a policy commission. There is no potential for the changes to result in a significant effect on the environment.
ATTACHMENT NO. 3
SECTION 3. The City Council of the City of Pomona hereby amends Division 6 of Article 5 of Chapter 2 of the Pomona 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 Terms of office.
2-655 Duties and responsibilities.
2-656 Commissioner confidentiality and training.
2-657 Appointment and role of the independent inspector general. 2-658 Meetings.
Sec. 2-651. – Establishment and purpose.
There is hereby established the Police Oversight Commission (hereinafter referred to as the “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. 2-652. – Appointment and Removal.
(a) Notwithstanding Section 801 of this Charter, the Commission shall be comprised of five (5) members appointed by a majority vote of the City Council. (b) 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.
(c) 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.
(d) The City Clerk shall prepare application forms requiring applican ts 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 is currently an employee of the Pomona Police Department shall not be eligible for appointment to the Commission.
ATTACHMENT NO. 3
(d) Any person w ho 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.
(e) 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.
(f) Any person who has been charged and disciplined for official misconduct as defined in SB1421 in their position of employment as a law enforcement officer shall not be eligible for appointment to the Commission.
(g) Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the Pomona Police Department shall not be eligible to serve on the Commission.
Sec. 2-654. - Terms of Office. Each Commissioner shall serve a term of four (4) 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 (2) years to ensure continuity.
Mid-term vacancies shall be filled by a majority vote of the City Council.
Sec. 2-655. - Duties and responsibilities.
The Police Oversight Commission shall have the following functions and duties, among others as requested by the City Council, which are not otherwise inconsistent with Section 806 of the Pomona Charter:
(a) Advise the Mayor, City Council, City Manager, and /or Police Chief on all police and law enforcement community relations issues.
(b) Conduct public outreach to educate the community on the purpose of the Commission and to hear from the Community with respect to policing.
(c) Review information and sta tistics regarding police complaints, policies and practices and advise the Pomona Police Department in matters pertaining to police policies and practices.
(d) Receive notification from the Police Chief when a use of force complaint involving a sworn m ember 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) Authorize the use of an independent auditor, investigator, or inspector general to review and/ or investigate incidents arising out of or in connection with the actions of sworn personnel of the Pomona Police Department, including i) the death of any individual arising from the use of force or actions of sworn police personnel, ii) complaints of use of force against a minor, and iii) other incidents involving sworn personnel of the Pomona Police Department as determined ATTACHMENT NO. 3
by a majority of the Commission' s membership. With respect to such reviews and investigations, the Commission shall:
1. Discuss results of reviews and investigations and share such results in public meetings to the extent legally permissible under State and Federal law.
2. Following a review and/ or investigation, make findings and recommendations to the City Manager and Police Chief related to allegations of misconduct 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.
(f) Request reports from the Police Chief and conduct meetings on new incidents which meet the public disclosure requirements set forth in SB1421. SB 1421 gives the public the right to access records related to investigation and discipline of peace officers where a law enforcement officer fired a gun at a person, or used force that resulted in serious injury or death; where an officer committed sexual assault a gainst 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.
(g) Investigate, through the inspector general or a third -party inves tigator, 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.
(h) 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.
(i) Prepare and submit an annual report to the City Council on Commission activities and recommendations.
(j) 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 Section 2-659.
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 Co mmissioner 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 ATTACHMENT NO. 3
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 incl uding, 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 Sect ion 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. 2-657. – Appointment of Independent Auditor, Inspector General, Investigator.
(a) Any independent auditor, investigator or inspector general retained or hired to assist the Commission shall be selected by the City Council or , by majority vote of the City Council, delegated to the City Manager, subject to approval of the Commission, by a majority vote of the membership of the Commission.
(b) Inspector General.
1. 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.
2. 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 pract ices are implemented. The Commission may engage the inspector general to make recommendations or conduct independent investigations as provided in Sec. 2-655 (e) and (g) above.
3. 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, et seq.
4. The inspector general may meet with the Commission in closed session as authorized by the Brown Act and under circumstances requiring closed session discussions.
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 tha n once each month. The Police Chief or a person designated by the City Manager shall attend all regular and special meetings of the Commission.
ATTACHMENT NO. 3
Sec. 2-659. Legislation and Regulations to Further Goals of Charter Section 806.
The Commission may make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of Pomona Charter Section 806. T he City Council may, on its own motion, enact legislation or regulations that will further the goals and purposes of Section 806, but shall not adopt such legislation or regulations that reduce the duties or powers of the Commission or which otherwise conflict with said Charter Section. Legislation or regulations proposed by the Council shall be submitted to the Commission, once established, 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, provided, however, that the City Council may enact legislation as necessary to implement Charter Section 806, including the provisions relating to the selection of the Commission, prior to such time that Commission members are selected and sworn into office.
Sec. 2-660. Commission Funding, Support.
(a) The City Council shall provide funding, staffing, training, and resources to ensure the Commission can successfully perform its duties and exercise its powers.
(b) City Departments shall cooperate, provide relevant documents, and render all necessary and reasonable assistance to the Commission in support of the duties specified herein.
Sec. 2-661. Subpoenas.
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. Failure to comply with such subpoena shall be punishable as a misdemeanor.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Ordinance and shall cause same to be posted as required by law and this Ordinance shall take effect thirty (30) days after its final adoption.
SECTION 5. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdi ction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Pomona hereby declares that it would have passed this Ordinance and each and ev ery section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
ATTACHMENT NO. 3
PASSED, APPROVED AND ADOPTED this 7th day of August, 2023.
CITY OF POMONA:
_____________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Pomona held on July 17, 2023 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on August 7, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Rosalia A. Butler, MMC
City Clerk