CITY OF POMONA
COUNCIL REPORT
January 22, 2024
To: Honorable Mayor and Members of the City Council
From: Anita Gutierrez, Acting City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: APPOINTMENT OF THE INSPECTOR GENERAL TO THE POLICE OVERSIGHT COMMISSION PURSUANT TO ORDINANCE NO. 4333 RECOMMENDATION:
It is recommended that the City Council:
By majority vote, delegate to the City Manager the selection of the OIR Group, LLC (Michael Gennaco) as the inspector general of the Police Oversight Commission; and Authorize the City Manager, or designee, to execute an agreement with the OIR Group, LLC (Michael Gennaco) to provide inspector general services to the Police Oversight Commission.
EXECUTIVE SUMMARY:
The Police Oversight Commission requires the services of an inspector general. For the previous Police Oversight Commission, the city manager approved a contract for the OIR Group for inspector general services. Staff recommends that the City Council delegate the approval to the city manager to approve a contract for inspector general services for the current Police Oversight Commission.
DISCUSSION:
Ordinance No. 4333 formed a new police oversight commission stemming from a voter approved charter amendment at the November 2022 General Election. The first meeting of this new commission was held on November 14, 2023. Further action needs to be taken by the City Council for the appointment of an inspector general. The section of the ordinance related to the appointment process is as follows:
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.
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 (e) and (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, et 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.
FISCAL IMPACT:
The City had a contract with the OIR Group. LLC for inspector general services with the rate of $225 per hour. In FY 2022-23, a total of $8,437.50 was paid to the OIR group for their work on the Commission. The new Police Oversight Commission will require the same services from an inspector general. The funding for these services is included in the FY 2023-24 General Fund Budget under Controllable Contracts.
Prepared by:
_____________________________
Karla Shipman, CMC
Assistant City Clerk
ATTACHMENTS:
Ordinance No. 4333
Appointment of Inspector General- Police Oversight Commission