POLICE ACCOUNTABILITY
ORDINANCE
WORKSHOP
Veronica A.F . Nebb
City Attorney
Randy J. Risner
Chief Assistant City Attorney
Mike Malone
City Manager
Independent
Assessment
In 2019, the City hired the OIR
Group to conduct an
Independent Assessment of
the operations and culture of
the Vallejo Police Department.
OIR Group Report
Recommendation 45
In May 2020, the OIR Group completed its assessment of
VPD and issued its Independent Assessment of
Operations, Internal Review Systems, and Agency Culture.
This report contains 45 recommendations to improve the
VPD. Recommendation #45 provides that:
“VPD should work with City leadership to create a model of independent oversight specifically tailored to meet the needs of Vallejo.”
California Department of Justice
In July 2020, the City entered into a
Collaborative Agreement with the
California Department of Justice. One of
the matters subject to the Collaborative
agreement is Recommendation #45 – the
model of independent oversight.
Community Engagement Plan
In March 2022, the City Council
directed staff to implement a
community engagement plan to
receive input from Vallejo citizens
about police oversight models.
City Staff conducted nine
community engagement meetings
including one in each council
district, youth and business
community meetings, and a
meeting with the Chief’s Advisory
Board. Staff also engaged with
VPOA, CAMP and police staff.
Community Engagement Process
In excess of 150 people participated in the
hands-on, community engagement meetings.
Participants were encouraged to join small
breakout groups and asked to rate a series of
statements about police oversight model
characteristics.
Council Directed Ordinance
At its August 23, 2022 meeting, the City Council
received presentations from staff regarding the
results of the Community Engagement process
and police oversight models used in other
jurisdictions. The Council directed the City
Attorney and City Manager’s Offices to draft a
police oversight ordinance specifically tailored
for Vallejo based on the results from the
Community Engagement process and input from
the City Council. Council also directed that
staff review the draft Common Ground
ordinance and seek input from Common Ground
on a draft prepared by the City.
Common Ground Input
Staff met with Common Ground on three occasions to seek input and collaboration on the provisions of the City’s proposed ordinance.
Several provisions of the proposed ordinance are taken from the Common Ground model.
Input received from Common Ground resulted in
significant revision to many provisions of the proposed ordinance.
VPOA and Department of Justice Input
Staff met with VPOA to go over the major components of the draft ordinance and to seek informal input.
Staff also met with DOJ representatives as part of the Collaborative Reform process.
All input was considered in the final draft of the proposed ordinance.
Collaborative Effort
The draft ordinance before Council is the result of
significant community engagement and
collaboration. Staff’s goal was to be informed by
what we learned from the public and from our
collaborative partners and to draft an ordinance
that meets the needs of the community, complies
with the City Charter and State Law and is
sustainable into the future.
Additional Community Input
The ordinance before Council this evening is not yet
final. This meeting is a workshop designed to allow
for additional input from the Council and the
Community.
The next meeting to consider the ordinance will be
held on December 12, 2022. The December 12, 2022
meeting is intended to be an additional workshop
where the Community can further engage in the
process. Introduction of a draft ordinance at that
meeting is possible, depending on direction of the
Council.
Title 18 Police Accountabilty
Components of the Ordinance
Independent Investigations
Community Engagement Result
56% wanted parallel, independent investigations
The first component of the proposed ordinance is Independent Investigations that are conducted parallel to any Internal Affairs investigations. The ordinance provides:
Required Independent Investigation for all Serious Incidents (discharge of a firearm at a person; use of force resulting in great bodily injury or death; an allegation of sexual assault; an allegation of dishonesty);
Investigations conducted in parallel with Internal Affairs; Investigator selected by staff in consultation with the Chair and one other member of the Community Police Review Commission;
Investigator must be specifically trained in workplace investigations with 5-years experience;
Cannot be current or former police officer;
Cannot have ever been a VPD officer;
Cannot be a City employee;
Cannot be an attorney or party suing the City.
Independent Investigations-- continued
Independent Investigator must be present (or if not
possible, have access to all recordings) at all Internal Affairs interviews of subjects and witnesses;
All interviews must be video and audio recorded;
The Independent Investigator may conduct their own
separate interviews;
City employees must fully cooperate;
No influence from any City staff;
City staff must not in any way interfere or direct the work of the investigator and must allow them to “follow the
evidence.”
Independent Investigations -- continued
The ordinance mandates that the Independent Investigator prepare a written report with findings of fact and a
determination of policy violations, if any. The written report is submitted to the Commission, the Independent Police Auditor , the Chief of Police, the City Manager , the Human Resources Director and the City Attorney.
The report must be submitted to the Commission at least 90 days before the running of the 12-month time period in the Peace Officer Bill of Rights to ensure sufficient time for review of the investigation and the imposition of discipline, if warranted.
Community Police Review Commission -- General
Community Engagement Result
80% wanted citizen review board
The second component of the proposed ordinance provides for a Community Police Review Commission (“Commission”) in accordance with the following provisions:
A 7-member voting board appointed by Council and mayor to 4-year terms with a maximum of 8 years; (60% Favored)
2 alternate members, one youth and one at-large, who vote only in the absence of voting members but may participate in all meetings; Members must be qualified electors;
Members cannot be current city employees, current or former VPD employees, a law enforcement officer within the last 7 years, an attorney, party, or family member of a party who has sued the city within the last 7 years, a person who has been convicted of a felony within the last 15 years, or a person who has been convicted of certain listed crimes.
Commission General--continued
City Council must consider diversity when making
appointments;
Applications for membership utilizing City’s
normal process;
DISCUSSION ITEM. We received a question
regarding considering if initial interviews
should be conducted in private using a Council
sub-committee of less than a quorum. If
Council desires this as part of the process, staff
can provide for it in the ordinance.
Commission General --continued
All members are subject to a live scan fingerprint check including a check of the DOJ and FBI criminal databases; Members to be removed by the City Council if they
commit a felony or disclose confidential information;
City Manager to appoint Commission Secretary in
consultation with Commission Chair;
City Attorney to appoint attorney in consultation with Commission Chair- not an attorney working on litigation involving PD;
Chief to assign themselves or a Deputy Chief as Police Liaison;
Commission --Training
Commissioners must complete the following City–funded training within 9 months of appointment and before they can take any action on Commission business:
Training on applicable provisions of the City Charter and the Municipal Code; Training on the California Political Reform Act, the California Brown Act, the California Public Records Act and Vallejo’s Conflict of Interest Code;
Training on basic principles of constitutional due process and administrative hearings applicable to peace officers;
Training on the legal requirements for maintaining confidentiality of personnel records and other confidential information;
Training concerning constitutional rights guaranteed to all residents as such rights are affected by law enforcement;
Training concerning the Myers Milias Brown Act, the Public Employment Relations Board’s administration of the MMBA, the City’s Memoranda of Understanding with the VPOA, CAMP , IBEW and other relevant personnel policies;
Training concerning the Public Safety Officers Procedural Bill of Rights and other applicable California laws;
Training concerning anti-discrimination, harassment, bias, diversity, inclusion and racial equity; Training regarding procedural justice.
Commission Training -- continued
In addition to the above training, Commissioners must also complete the following within 9 months of appointment:
Peace Officer Standards and Training (POST) or equivalent training relating to search and seizure and arrest;
Crisis intervention training and a review of the department’s related training;
Participate in a department “ride along” and attend a police training program with curriculum designed by the Chief of Police in consultation with the Commission;
Finally, though not required within the 9-month period, Commissioners may attend, at least once per Commissioner term, the annual conference offered by the National Association for Civilian Oversight of Law Enforcement.
Commission Powers
The Commission has the following powers, duties and functions:
Review of all investigative reports from the Independent Investigator and Internal Affairs and to make recommendations concerning the findings to the Chief of Police and the City Manager; (63% favored review and recommendation)
Recommend additional investigation on any investigation reviewed by the Commission;
Request the assistance and advice of the Independent Police Auditor on any matter within their jurisdiction;
Review investigative reports on matters involving bias, discrimination, any threat of intimidation or coercion, sex, race, color , religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, gender identity, citizenship, primary language, military/veteran status, or immigration status;
Commission Powers -- continued
Advise the Mayor , City Council, City Manager and Chief of Police on all police community relations issues; (98% Favored)
Conduct public outreach concerning the purpose of the Commission; Create and maintain a website;
Receive complaints from members of the community and ensure the same are acted upon by the Chief of Police; (93% Favored)
Request that any complaint be investigated by an Independent Investigator and, if the Chief of Police refuses such request, ask the City Manager to intervene;
Provide alternative means for residents to file complaints; (93% Favored) Ensure that the VPD makes information about the complaint process available at public locations other than at the Police Department; Commission Powers -- continued
Review and make a recommendation to the Chief of Police or City Manager concerning whether discipline should be imposed concerning any Serious Incident or Bias Incident; (63% Favored)
Review and make a recommendation in closed session to the Chief of Police concerning any Notice of Intended Discipline to be issued to any sworn officer;
Review and advise the Chief of Police concerning department policies, including new and revised policies; (94% Favored)
Recommend their own new policies to the Chief of Police; Review and make recommendations concerning any VPD Special Orders that are more than 9-months old;
Request a report from the Chief of Police concerning existing police training.
Commission Powers -- continued
Review and comment upon the VPD’s policy and practice of publishing data sets and reports of various departmental activities;
Prepare and submit an annual report to the Mayor , the City Council, the Chief of Police and the City Manager; (76% Favored)
Make recommendations concerning any proposed legislation related to the Commission’s subject matter jurisdiction; Solicit and consider input from the public about the public’s interactions with the VPD;
Refer any matter it determines requires additional investigation to the Solano County District Attorney or to the California Attorney General;
Commission Powers -- continued
Request that the City Council issue a subpoena for records and other relevant material within the subject matter
jurisdiction of the Commission; (87% Favored)
Review and make recommendations to the City Council
concerning the Commission’s annual budget.
Obligations of the Chief of Police and
Police Personnel
The Chief of Police and all VPD personnel must cooperate fully with the Commission;
The Chief of Police must provide all requested records related to any matter currently before the Commission or the IPA;
The Chief of Police or their designee must appear before the Commission to give reports and answer questions relating to matters within their subject matter jurisdiction;
The Chief of Police must submit disciplinary matters related to Serious Incidents to the Commission for recommendation and must consider the recommendation;
In the event the Chief of Police does not follow the recommendation, they must submit their justification to the Commission in closed session;
Obligations of the Chief -- continued
To submit all investigator reports involving a Bias Incident to the Commission for review and recommendation;
In their discretion, to request an Independent Investigator be assigned to investigate any other potential policy
violation;
To prepare and submit an annual report to the
Commission;
To prepare and submit a quarterly report on disciplinary matters to the Commission;
To prepare and submit a quarterly report on the outcome of all complaints to the Commission.
Access to Confidential Information
The Commission will have access to confidential
information related to their subject matter
jurisdiction;
Access will be electronic only;
Commissioners are obligated to maintain the
confidentiality of records;
A willful failure to keep records confidential can
result in removal from the Commission and/or a
$2,500 administrative fine.
Commission Meetings
The Commission shall meet at least once per month;
The Commission may have as many special meetings as it deems necessary;
The Commission must have a quorum present to conduct
business. A quorum is 4 members;
If a regular Commissioner is absent, an alternate member may vote in their place;
Upon initial appointment, the Commission will hold two meetings each month for training purposes;
The Commission may, but is not required to, adopt bylaws governing its operations.
Independent Police Auditor –General
Community Engagement Result
79% Favored IPA with Citizen Board
The Independent Police Auditor (“IPA”) may be full-time, part-time or contracted;
The IPA is appointed by the City Manager after consultation with the Commission Chair;
The IPA must have a graduate degree in criminal justice, criminology, law, a juris doctor related field or equivalent experience;
The IPA must have experience in police practices, policy and training; The IPA must have experience with the Public Safety Officers Bill of Rights and laws applicable to sworn officers;
The IPA must have experience in human resources.
Independent Police Auditor -- General
The IPA cannot be:
A City employee or immediate family member of such;
A consultant of the City retained within the last 12
months;
A current or former sworn officer with the VPD;
A person currently employed as a law enforcement officer or employed as such within the past 7 years;
Any attorney who has sued or is suing the City;
An individual who is a party to any lawsuit against the City within the last 7 years or an immediate family member of such.
Duties of the IPA
The IPA must receive timely notification of all Serious Incidents to allow the IPA the ability to arrive on scene and observe; The IPA may be present during all interviews of subjects and witnesses;
The IPA may review all Investigatory Reports involving a Serious Incident or Bias Incident and provide a recommendation to the Commission and/or the Chief of Police;
The IPA may review other Investigatory Reports as referred to them by the Commission or the Chief of Police;
The IPA may advise the Commission, the Chief of Police and the City Manager concerning VPD policies and training.
The IPA shall assist the Commission in the preparation of its annual report.
Additional Discussion –SAB Combination
One of our collaborative partners recommends that
the City Council consider collapsing the duties of
the Surveillance Advisory Board (SAB) into the
Commission. In other words, the SAB would be
eliminated and those duties added to the duties of
the Commission. Staff requests guidance from
Council on this matter.
Additional Discussion –Commissioner
Interviews
One of our collaborative partners recommends that
the City Council consider holding initial interviews
for Commission members in private using a sub
committee of the City Council. Final interviews and
appointments would be held in public. Staff
requests guidance from Council on this matter.
Conclusion
Tonight’s meeting is a public workshop. Staff is
prepared to consider additional public input as well
as majority Council input on any revisions to the
proposed ordinance. Staff intends to hold an
additional public workshop on December 12, 2022.
Staff also anticipates requesting that the Council
introduce the ordinance on either December 12,
2022 or December 15, 2022, depending on Council’s
direction, with adoption occurring on December 20,
2022.
Questions?
CONTACTS
Veronica A.F . Nebb
City Attorney
[email protected]
Randy J. Risner
Chief Assistant City Attorney
[email protected]
Mike Malone
City Manager
[email protected]