Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2021-00939 March 22, 2022 Discussion Item 01
Title: Sacramento Community Police Review Commission 2020 Recommendations to City Council - Group 1 [Continued from 08/24/2021 & 10/19/2021]
Location: Citywide
Recommendation: Receive and provide direction on the implementation of the recommendations of the Sacramento Community Police Commission.
Contact: Chris Conlin, Assistant City Manager, (916) 808-8526, [email protected]
, Office of the City Manager
Presenter: Chris Conlin, Assistant City Manager, (916) 808-8526, [email protected], Office of the City Manager
Attachments:
1-Description/Analysis
2-SCPRC 2020 Recommendations to City Council - Group 1
File ID: 2021-00939 Discussion Item 01
March 22, 2022
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City of Sacramento
Description/Analysis
Issue Detail: The City Council established the Sacramento Community Police Review Commission (the “Commission”) in 2016 to make recommendations to the City Council regarding police policy, procedures, and best practices. (Sacramento City Code section
2.110.030.A) At least annually, the Commission is required to report and make its recommendations to the City Council. (Sacramento City Code section 2.110.030.C)
On April 13, 2021, pursuant to Sacramento City Code section 2.110.030.C, the Commission submitted their 2020 recommendations to the City Council for review and consideration.
On June 1, 2021, the Police Department provided an oral report response to the Commission’s 2020 recommendations identifying which items resulted in policy and practice changes. On the same date, Council passed a motion (2021-00643) approving the Commission’s specific 2020 recommendation to change the Police Department Use of Force Policy. Council also provided direction to staff regarding the remaining recommendations asking that appropriate departments provide their analysis on each item and bring them back to Council incrementally for decision. This is the first group of the remaining recommendations with staff analysis for Council consideration.
On February 22, 2022 the City Council approved the City Auditor’s report on the Commission.
The report outlines recommendations in three areas: 1) Clarify Roles and Responsibilities; 2) Investment in the Commission; and 3) Strengthen Recommendation Process. The attached group of Commission 2020 recommendations correspond to these three study areas. Staff will present subsequent groups of recommendations to Council in accordance with the approved Commission Audit.
Policy Considerations: The recommendations presented by this Commission may result in Sacramento City Council and/or Police Department policy and practice changes, if adopted by the Mayor and City Council.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a “project” subject to CEQA because it involves only organizational or administrative activities, and general policy and procedure making that will not result in direct or indirect physical changes in the environment (CEQA Guidelines §15378(b)(2) and (b)(5)).
File ID: 2021-00939 Discussion Item 01
March 22, 2022
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City of Sacramento
Sustainability: Not applicable.
Commission/Committee Action: On April 13, 2021, pursuant to Sacramento City Code section 2.110.030.C, the Commission submitted their 2020 recommendations to the City Council for review and consideration.
Rationale for Recommendation: This report includes the first grouping of unresolved Sacramento Community Police Review Commission’s 2020 recommendations to the Council in accordance with Sacramento City Code section 2.110.030.C. Council directed these recommendations to return with staff analysis for their deliberation.
Financial Considerations: The recommendations presented by this Commission may result in Sacramento City Council and/or Police Department policy and practice changes, if approved by the City Council. The Sacramento Police Department would have to consider and report to City Council on any possible financial impacts caused by implementation of these changes.
Local Business Enterprise (LBE): Not applicable.
Sacramento Police Department’s Response to the Sacramento Community Police Review Commission’s 2021 Recommendations: March 22, 2022 Ref
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SCPRC Recommendations: SPD Response CAO Response OPSA Response HR/LR Response 1 Additional staff support needed for the
SCPRC:
The commission needs additional staff
support. SCPRC is currently staffed by the
Office of Public Safety Accountability (OPSA),
but OPSA has extremely limited staff and has
its own workload it must complete. At a
minimum, OPSA should be authorized to hire
another person to help fully staff the SCPRC.
Not applicable to SPD. Requires further input from
other city departments and offices.
No legal issues. City Clerk’s Office has been
authorized
funding for additional staff to support
the commission.
OPSA has requested additional FTEs
to perform office duties and
responsibilities.
Not applicable to HR.
2 SPD end of year status of recommendations:
The SCPRC role is to provide independent
review of police programs and help elevate
community voices. The SCPRC’s effectiveness
can be increased by building a collaboratively
working relationship with SPD.
Once recommendations are shared with City
Council and SPD at the end of the year, SPD
should report to the SCPRC on the status of
the recommendations. SCPRC recognizes that
some of the recommendations will require
the City to amend its statutes or provide
resources for SPD to comply, however, some
recommendations might be accomplished
through administrative changes. To that end,
SPD should communicate to SCPRC on each
recommendation pertaining to the police
department if it was adopted, it will be
adopted and a timeline, or the reason
preventing the adoption.
The Police Department regularly provides updates to
the Commission.
For clarification, the Commission reports to Mayor
and Council and makes recommendations to Mayor
and Council. It is ultimately up to Mayor and Council
to adopt those recommendations and provide
direction to the City Manager.
The Police Department reports to the City Manager,
not directly to the Commission.
Finally, SPD regularly adopts recommendations
outside of the formal commission process and
provides updates to the Commission throughout the
year, outside of the Council process.
No legal issues. Not applicable to OPSA. Not applicable to HR. 3 Minimum once a year meeting between the
SCPRC and the Police Chief:
Require that the Police Chief, or their
representative, to meet with the SCPRC at a
minimum once a year and prior to the
submission of the annual report to the City
This recommendation has been adopted.
The SPD liaison meets throughout the year with
Commission members outside of the regular meeting
schedule.
No legal issues. Not applicable to OPSA. Not applicable to HR.
Council to provide feedback to SCPRC about
its recommendations.
Additionally, the liaison has met with the Commission
prior to, as well as after, the Commission has adopted
annual recommendations for Council consideration.
4 Council should vote SCPRC
recommendations within 3 months:
The Commissioners serve on a voluntary basis
and are tasked with providing
recommendations to the mayor and city
council, but there is no requirement that the
City Council take any action.
The city council should adopt a process or
policy that requires the body to vote on the
recommendations received by the SCPRC no
later than three months from receipt.
Not applicable to SPD. Requires further input from
other city departments and offices.
No legal issues. Not applicable to OPSA. Not applicable to HR.
Any changes to policies
regarding wages,
hours, or working
conditions must go
through the bargaining
process pursuant to
the MMBA and City
Charter requirements.
5 SPD liaison should respond directly to
SCPRC:
Sacramento Police Department liaison should
meet with Chair, Vice Chair, OPSA staff to
address requests and respond directly instead
of having to use OPSA as an intermediary.
The City is currently following the standard practice
for commissions to liaison with City Staff.
SPD regularly meets with the Chair, Commissioners,
and ad hoc groups to discuss items, answer
questions, and provide additional information as
needed. SPD is also given the opportunity to provide
feedback during these meetings outside the normal
meeting schedule.
For formal requests, presentations, or report backs
that require a commitment of staff or resources, the
Commission is using the same standardized process
as other boards and the Council by directing requests
through the Commission’s assigned staff (OPSA). This
allows for formal tracking of the requests, proper
prioritization of these requests, and workload
management of City Staff.
No legal issues. Concur, OPSA has provided the SPD
representative for the police
commission contact information for
the 2022 commission Chair/Vice
Chair for direct communication
with the SPD reference ad hoc
group discussion items, meeting
requests, requests for police
information, and questions. The
commission Chair/Vice Chair is the
sole point of contact for the 11-
member body with the SPD
representative. OPSA/City Clerk staff
will be copied on the written
correspondence to maintain formal
tracking methods.
Not applicable to HR.
6 SPD liaison present at all SCPRC meetings:
Require that the SPD should have a police
liaison present at all the SCPRC monthly
meetings to respond to questions and
information request.
Currently, the SPD Liaison is typically present at the
regularly scheduled meetings. However, in the event
that the SPD representative cannot attend, any
updates are provided to OPSA prior to the meeting
No legal issues. Not applicable to OPSA. Not applicable to HR.
and OPSA can forward requests for information to the
Department prior to the meeting.
Additionally, the Commission has access to the
Liaison outside of regularly scheduled meetings by
email and phone, as well as through OPSA.
7 SCPRC’s review of SPD general order
changes:
SCPRC should be given the authority to
review and provide feedback to the SPD,
Mayor and Council, before the adoption of
any new SPD general order’s or updates to
these dealing with Body Worn Cameras, Foot
Pursuit, Use of Force and Discipline.
This is in conflict with Sacramento City Code
2.110.030 which states, “the commission shall advise
and make recommendations to the city council
regarding police policy, procedures, and best
practices, including those related to community
relations, hiring, and training best practices.”
The Commission advises the Council through the
recommendation process. Council can accept, reject
or modify these recommendations. The Commission
does not have the authority to provide direction to
City Staff. Additionally, SPD is responsible for the
content and liability related to policies. The
Commission cannot be held responsible or
accountable for policies that are put in place.
SPD regularly engages the Commission for feedback
and input on key policies. SCPRC members have been
active members of the Committees tasked with
updating key SPD policies, including Use of Force
Policy, Body Worn Camera Policy and the Foot Pursuit
policy through a collaborative process.
SPD has adopted a number of recommendations
made by the Commission.
Additionally, requiring SPD to present policy changes
to the SCPRC prior to approval could substantially
delay the process of updating policy for legislative
changes, best practices and organizational needs.
No legal issues. Not applicable to OPSA. Any changes to the General Orders or
policies regarding
wages, hours, or
working conditions
must go through the
bargaining process
pursuant to the MMBA
and City Charter
requirements.