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www.RLSlawyers.com
Elizabeth Silver Tourgeman
Attorney at Law
[email protected]
September 20, 2022
VIA ELECTRONIC MAIL [[email protected]] & FIRST CLASS MAIL Douglas T. Sloan, City Attorney
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Public Safety and Reform Oversight Commission - Final Notice to Remove Commissioners Who Fail to Meet Minimum Qualifications
Dear Mr. Sloan:
I am writing on behalf of the Police Officer’ Association (“POA”) to follow up on a letter dated July 20, 2022 to Lisa Parsons requesting a detailed accounting of each Commissioner’s training and the dates on which it was attended to ensure proper compliance with the Municipal Code and the Settlement Agreement between the POA and the City of Santa Monica related thereto. Specifically, as you are aware, each Commissioner must have attended the training set forth in Municipal Code Section 2.50.020(f) by May 31, 2022 or they shall be removed from the Commission.
Section 2.50.020(f) provides:
Within six months of appointment, each commissioner shall participate in training relevant to providing oversight of law enforcement and to the understanding of racial justice. Such training shall include participation in the SMPD Community Academy; a training session of two hours or less presented by the SMPOA that will address topics including the rights of police officers under the Police Officers Bill of Rights; and reasonable additional required training as identified by the Commission, which may include programs offered by the National Association of Civilian Oversight of Law Enforcement, the Association of Local Government Auditors, entities with experience providing racial justice training, or other similar bodies.
The Commissioners initially appointed to the Commission shall have until May 31, 2022 to complete the required training. Failure to complete required training will result in removal from the Commission. (Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 2, adopted 1/11/22)
Douglas T. Sloan
Re: Public Safety and Reform Oversight Commission
September 20, 2022
In response to the aforementioned July 20th request, we received an accounting of the approved training by the Commission that must be completed by each Commissioner in order to ensure compliance with the Settlement Agreement between the City of Santa Monica and the Police Officers’ Association and the above quoted Municipal Code. Pursuant to the City’s records, three Commissioners did not meet the training requirements and must be removed immediately from the Commission in order to avoid a direct violation of the City’s own laws.
1. Jaime Cruz: Pico Neighborhood Partnership; youth advocate: According to the City’s records of the Final Commission Academy Attendance, Commissioner Jamie Cruz was absent from the May 19th Internal Affairs/POBR Training and the May 25th Traffic Stops Practical Training.
2. Miranda McLaughlin-Basseri (young adult): Santa Monica College student; External Vice President, SMC honor society: Commissioner McLaughlin-Basseri did not attend any of the May 19th training sessions (Investigations, Misdemeanor Filing, or Internal Affairs/POBR).
3. Angela Scott: Former Arts Commissioner; Public Safety Reform Advisory Committee; Santa Monica Black Agenda; Committee for Racial Justice:
Commissioner Scott did not attend the May 25th training (Use of Force, CNT/Mobile Field Force, Traffic Stops Classroom, or Traffic Stops Practical). Interestingly, Commissioner Scott requested accommodations under the Americans with Disabilities Act seeking virtual training. Despite the fact that she does not qualify under the law for ADA accommodations as a part-time Commissioner, the Department nevertheless worked directly with City employees assigned to Risk Management to notify her in advance that it would be able to accommodate her with outdoor training sessions, masks and social distancing. She refused to attend yet has been known to voluntarily attend other outdoor events of her choosing during that same time frame with and without a mask.
Based on the above, the City is being formally notified that it has two weeks from the date of this letter to provide additional supporting documentation to ensure the aforementioned three Commissioners are entitled to remain on the PSROC and that they met the minimum qualifications within the parameters mandated by the Code. If the City is unable to produce such evidence, it must immediately disqualify Commissioners Cruz, McLaughlin-Basseri and Scott.
Alternatively, we will seek action in an alternative legal forum.
Douglas T. Sloan
Re: Public Safety and Reform Oversight Commission
September 20, 2022
The impetus for the training requirement was to ensure that the actions and authority of the Commission as agreed to by the POA is allowed only with the training necessary to ensure such actions are done with the knowledge base of critical information. It is extremely disappointing that the City is willing to let the training requirement remain unfulfilled without any corresponding limitation on the Commission’s power. It should be clear that any actions taken by the Commission in violation of the training requirement shall be deemed null and void.
Thank you in advance for your prompt attention to this serious matter.
Very truly yours,
RAINS LUCIA STERN
ST. PHALLE & SILVER, PC
/s/ Elizabeth Silver Tourgeman
Elizabeth Silver Tourgeman
EST:cg
cc: Gerardo Leyva