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 OFPOMONA
WHEREAS, on or aboutMay 17, 2021, theCity Councilof theCity of Pomona, basedon recommendations of a task force comprised of community members and leaders, enacted OrdinanceNo. 4303establishingaPoliceOversightCommissionto, amongotherthings, advance theCity' smissionconsistentwith its corevalues, improvepoliceaccountabilityto thecommunity, 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 engageandprovide for independentauditsandinvestigationsof mattersinvolving the Pomona Police Department; and
WHEREAS, at the November 1, 2022, Municipal Election, the electorsof the City of Pomonaenacteda new Section806 to Article V111of the City Charterestablishinga Pomona Police Oversight Commission to increasethe accountability and public confidence in the Pomona Police Departmentand the police complaint processand provide a forum for community conversations about the operation and review of law enforcement activities; and WHEREAS, the City Council desiresto amendDivision 6 of Article 5 of Chapter 2 of the PomonaMunicipal Codeto implementCharterSection806while maintainingthoseprovisions which are not inconsistentwith Section 806 and are necessaryto the orderly selection of Commission membersand 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. TheCity Councilherebyfindsthattheforegoingrecitalsaretrueandcorrect and are incorporated herein.
SECTION 2. The City Council of the City of Pomonafinds the adoption of this ordinance to be statutorily exemptfrom the requirementsof the California EnvironmentalQuality Act CEQA) pursuant to CEQA Regulation 15061( b)( 3). Under Regulation 15061( b)( 3), the activity iscoveredby thegeneralrulethatCEQAappliesonlyto projectsthathavethepotentialfor causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in questionmay havea significant effect on theenvironment, theproject is exemptfrom CEQA. This ordinancewill not affectthephysicalenvironmentby permittinga new useor intensifying an existing use. The ordinance establishesa policy commission. There is no potential for the changes to result in a significant effect on the environment.
ATTACHMENT NO. 1
SECTION 3. TheCity Councilof theCity of PomonaherebyamendsDivision 6 of Article 5 of Chapter 2 of the Pomona Municipal Code to read as follows:
DIVISION 6. — POLICE OVERSIGFIT 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 Commissionerconfidentialityandtraining.
2- 657 Appointment and role of the independent inspector general. 2- 658 Meetings,
See. 2- 651. — Establishment and purpose.
There is hereby established the Police Oversight Commission (hereinafter referred to as the " Commission"), which is established to increasethe 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, See. 2- 652. — Appointment and Removal.
a) Notwithstanding Section 801 of this Charter, the Commission shall be comprised of five (5) membersappointedby a majority voteof theCity Council. b) The Commission shall be made up exclusively of Pomona residentswho have the ability to befair andimpartial, reflectthediversityof thecommunityandpossessotheradditional qualifications asdetermined 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 prepareapplication forms requiring applicantsto provide information demonstrating that they meet qualification requirements set forth in this Division 6.
Sec. 2- 653. - Qualifications of Commissioners.
a) All membersof the Commission shall reside in the City of Pomona. b) Electedor appointedofficersandemployeesservingtheCity shallnot 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.
d) Any person who was an employee of the Pomona Police Department shall not be eligible for appointmentto the Commissionfor at leastfive (5) yearsfollowing their separation date from the City.
e) Any personwho wasemployedasalaw enforcementofficerfor anylocal, county, state or federal agencyshall not be eligible for appointmentto the Commission for at leastfive ( 5) years following the datethat they last servedin that role.
1) 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) Practicingattorneyswho handle, or aremembersof firms or entitiesthat currently handle, criminal or civil mattersinvolving thePomonaPoliceDepartmentshallnot beeligible to serve on the Commission.
See. 2- 654. - Terms of Office. Each Commissioner shall serve a term of four ( 4) years andmay bereappointedby a majority vote of the City Council, exceptthat the initial termsfor two of themembers, asdeterminedby theCity Council, shallbetwo (2) yearsto ensurecontinuity.
Mid-termvacanciesshallbefilled by a majorityvoteof theCity Council.
See. 2- 655. - Duties and responsibilities.
The PoliceOversightCommissionshallhavethe following functionsandduties, among others asrequestedby 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 andlaw enforcementcommunityrelationsissues.
b) Conduct public outreach to educate the community on the purpose of the Commissionandto hearfrom theCommunitywith respectto policing. c) Review information and statistics regarding police complaints, policies and practices and advise the Pomona Police Department in matters pertaining to police policies and practices.
d) ReceivenotificationfromthePoliceChiefwhenauseof forcecomplaintinvolving a sworn member of the police department is received or initiated. Complaints resulting in a criminal investigationmay delaya reportfrom the PoliceChief asadministrativeinvestigations 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, andiii) otherincidentsinvolving swornpersonnelof thePomonaPoliceDepartmentasdetermined
by a majority of the Coniniission' 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 Stateand 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 SB 1421. 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 against a member of the public, including attempts to coerce sex or proposition sex while on duty and where an officer engagedin dishonesty in the investigation, reporting, or prosecution of crime or police misconduct. g) Investigate, through the inspector general or a third -party investigator, any new incident which the Commission finds 1) hascreateda controversy in the community and 2) is the type of incident requiring public disclosure under 5131421. h) Receive community complaints and concernsand refer them to the City Manager, Police Department, and/ or an independent auditor, investigator, or inspector general for review and response.
i) Prepareand submit an annual report to the City Council on Commission activities and recommendations.
0) Perform other dutiesandexerciseother powers asmay beprescribedby this Charter or by Ordinance or Resolution of the City Council asmore particularly set forth in Section 2-659.
Sec. 2- 656. — Commissioner confidentiality and training a) Prior to attending his or her first Commission meeting, eachCommissioner 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 sessionssponsoredby the National Association for Civilian Oversight offaw 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.
See. 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 selectedby the City Council or, by majority vote of the City Council, delegatedto the City Manager, subject to approval of the Commission, by a majority vote of the membership of the Commission.
b) Inspector General.
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 enforcernent 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 practices are implemented, The Commission may engage the inspector general to make recommendations or conduct independent investigations as provided in See. 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 asthe inspector generalcomplies with California Penal Code Sections 832. 5 and 832.7 and California Government Code Sections 3300, et s•eq.
4. The inspector general may meet with the Commission in closed session as authorized by the Brown Act andunder circumstancesrequiring closed sessiondiscussions.
See. 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 designatedby the City Manager shall attend all regular and specialmeetings of the Commission.
See. 2- 659. Legislation and Regulations to Further foals of Charter Section 806.
The Commission may make recommendationsto the City Council for enacting legislation or regulations that will further the goals and purposes of Pomona Charter Section 806. The 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 commentsprior to enactingany legislation or regulations, provided, however, that the City Council may enact legislation as necessaryto 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.
See. 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.
See. 2- 661. Subpoenas.
The Commission may issue subpoenasto require the attendanceof witnesses, including personsemployed by the City of Pomona, and the production of documentsand recordspertinent 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 Ordinanceand shall causesameto bepostedasrequired by law andthis 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 jurisdiction 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 every section, 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
7u'
day of August, 2023.
f " 1
per
Sonia Carvalho
City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
Tim Sandoval
Mayor
141
Rosalia A. Butle , MMC
City Clerk
I, DIANA ROBLES, DEPUTY 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 duly 17, 2023 and was adopted at second reading at a. regular meeting of the City Council of the City of Pomonaheld on August 7, 2023, by the following; vote:
AYES: Garcia, Lustro, Nolte, Ontiveros - Cole, Preciado, Torres, Sandoval NOES: None
ABSENT: None
ABSTAIN: None
Diana Robles
Deputy City Clerk