Agenda packet — Vallejo City Council, December 15, 2022

City Hall
555 Santa Clara Street
Vallejo, CA 94590

NOTICE OF ADJOURNED

SPECIAL DECEMBER 12, 2022

VALLEJO CITY COUNCIL MEETING
TO

DECEMBER 15, 2022 at 1:00 p.m.

TO: Mayor McConnell
Vice Mayor Verder-Aliga
Councilmember Arriola
Councilmember Brown
Councilmember Dew
Councilmember Loera-Diaz
Councilmember Miessner
All Interested Persons

NOTICE IS HEREBY GIVEN that the December 12, 2022 special Vallejo City Council meeting has been continued to an adjourned special meeting to be held on Thursday, December 15, 2022 at 1:00 p.m. The meeting will be held in the Vallejo City Council Chambers. Members of the public may participate in person or virtually via Zoom.

PUBLIC COMMENT: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing into the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420. In person speakers will be recognized first.

VIEW THE MEETING:

There are four different ways you can view this public meeting:
• In Person
• Watch Vallejo local channel 28
• Stream from the City website: www.cityofvallejo.net/Streaming • Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net

Dated: Monday, December 12, 2022
Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk, do herby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 9:21 p.m.., Monday, December 12, 2022.

Dated: Monday, December 12, 2022
Dawn G. Abrahamson, City Clerk
Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
Press *9 to digitally raise your hand from the phone
For additional instructions on how to speak during public comment, please visit, www.cityofvallejo.net/publiccomment

CALL AND NOTICE OF
ADJOURNED SPECIAL DECEMBER 12, 2022

VALLEJO CITY COUNCIL MEETING TO
DECEMBER 15, 2022
AT 1:00 P.M.

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

City Hall and the Council Chambers will be open to members of the public 30 minutes prior to the start of the meeting.

PUBLIC COMMENT: Members of the Public may provide public comments during the City Council Meeting in person or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833.

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment

VIEW THE MEETING:

TO THE MEMBERS OF THE VALLEJO CITY COUNCIL:

You are hereby notified that I do hereby call the Vallejo City Council in special session to consider only the matters stated on the agenda listed below.

NOTICE:

Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this special meeting.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

4. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment.

Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section

2.02.420. In person speakers will be recognized first.

A. INTRODUCTION OF AN ORDINANCE ENACTING TITLE 18 OF THE

VALLEJO MUNICIPAL CODE -- POLICE OVERSIGHT AND

ACCOUNTABILITY
Recommendation: Introduce an ordinance to enact Title 18 of the Vallejo Municipal Code to be titled Police Oversight and Accountability and consider adoption at the December 20, 2022 Council meeting.

Contact: Randy J. Risner, Chief Assistant City Attorney [email protected]

5. ADJOURNMENT

Dated: Wednesday, December 14, 2022

Robert H. McConnell, Mayor

Dated: Wednesday, December 14, 2022

Dawn G. Abrahamson, City Clerk

ACTION ITEM 4.B.

DATE: December 12, 2022
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
Veronica A.F. Nebb, City Attorney
Randy J. Risner, Chief Assistant City Attorney
SUBJECT: INTRODUCTION OF AN ORDINANCE ENACTING TITLE 18 OF THE VALLEJO

MUNICIPAL CODE -- POLICE OVERSIGHT AND ACCOUNTABILITY

RECOMMENDATION
Introduce an ordinance to enact Title 18 of the Vallejo Municipal Code to be titled Police Oversight and Accountability and consider adoption at the December 20, 2022 Council meeting.

REASONS FOR RECOMMENDATION
After review and discussion of the proposed Title 18, Council directed staff to bring the ordinance forward for introduction on December 12, 2022.

BACKGROUND AND DISCUSSION
The City Council has held two workshops to discuss, review and revise the proposed Police Oversight and Accountability ordinance. Staff has made significant revisions to the ordinance based upon City Council direction. In addition, staff reviewed and accepted the majority of proposed revisions from Common Ground that were received after the workshop on December 6. Council may proceed with introduction this evening or, if Council has additional significant revisions, may defer introduction to December 15, which is another date Council reserved to consider introduction.

If the ordinance is introduced at this meeting or on the December 15, 2022 meeting, Council has given staff direction to bring ordinance back for adoption on December 20, 2022.

FISCAL IMPACT
In terms of Independent investigations, Council budgeted funds for that effort beginning in 2021. Costs associated with the IPA and the training and staffing costs of the Commission will depend largely on the tasks assigned and the composition of the commission. Staff will continue to refine budget numbers as we receive direction from the Council.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378

ATTACHMENTS

1. Vallejo Police Review Commission Ordinance Final 12-9-22

2. Vallejo Police Review Commission Ordinance Council and CG Revisions Redline

Date: December 12, 2022
Subject: INTRODUCTION OF AN ORDINANCE ENACTING TITLE 18 OF THE VALLEJO

MUNICIPAL CODE -- POLICE OVERSIGHT AND ACCOUNTABILITY

Page 2 ends

CONTACT
Randy J. Risner, Chief Assistant City Attorney
[email protected]

Page 1 of 22 ends

AN ORDINANCE OF THE CITY COUCNIL OF THE CITY OF VALLEJO ENACTING TITLE 18 ENTITLED

POLICE OVERSIGHT AND ACCOUNTABILITY

TITLE 18 POLICE OVERSIGHT AND ACCOUNTABILITY
Chapter 18.01 Title and Purpose

18.01.010 Title
This ordinance shall be known as the “Police Accountability Ordinance.”

18.01.020 Purpose
In adopting this ordinance, it is the intent of the City of Vallejo (“City”) to promote the health, safety and wellbeing of all residents by utilizing the best possible police practices and policies while ensuring effective, efficient, trustworthy and just law enforcement. It is also the purpose of this ordinance to improve relations between law enforcement and the community of Vallejo and to continuously foster good relations between those who enforce the laws and the diverse community whom they serve. It is the desire of the City that the public will take pride in local law enforcement and those who enforce the laws will take pride in their service to the public.

Chapter 18.02 Independent Investigations of Serious Incidents

18.02.010 Independent Investigations
A. Any Serious Incident, as that term is defined in section 18.02.010B010D, involving a sworn police officer(s) employed by the Vallejo Police Department, shall be investigated by an independent investigator (“Independent Investigator”). Bias Incidents, as that term is defined in section 18.03.050C, as well as other potential policy violations may be investigated by the Independent Investigator as set forth in section 18.03.050I.

B. The City Manager, City Attorney and Human Resources Director shall, by consensus, select a contracted Independent Investigator after seeking advice and input from the Community Police Oversight and Accountability Commission (“Commission”) at a noticed, open regular or special meeting .meeting. In order to improve efficiency and timeliness, the City Manager may create a standing list of approved investigators. Thereafter, investigators may be selected from the list without seeking further advice and input fromthefrom the Commission. The list shall be updated on an annual basis. The list shall be a public record that the Commission or the City Manager may make available to the public online.

C. Any person or firm selected as an Independent Investigator shall have the following experience:

1. Be specifically trained in workplace investigations with at least five years of experience investigating workplace matters or public employment issues involving law enforcement agencies;

Page 2 of 22 ends

2. Have an office or place of business within 100 miles of the City and be able to timely respond to Serious Incidents or other matters being investigated;

3. Have significant experience providing expert testimony before arbitrators or courts and able to cite to examples.

The Independent Investigator must not be a person who:

1. Is a current employee of the City or any immediate family member of such a person as defined in section 18.03.020C(1);B(3);

2. has ever been a peace officer for any federal, state or local law enforcement agency;

3. is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in section 18.03.020C(1);B(3);

4. is an attorney or law firm who represents or represented any person in any proceedings or matters adverse to the City;

5. is a party in any proceedings or matters adverse to the City within the last seven five (75) years or any immediate family member of such a person as defined in section

18.03.020B(3)C(1).

6. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commisison Commission or equivalent body involving a disciplinary matter;
D. A Serious Incident shall be defined as any incident involving sworn members of the Vallejo Police Department as set forth in Penal Code section 832.7(b) as that section now exists or as amended in the future, including, but not limited toand concerning:

1. an incident involving the discharge of a firearm at a person by a sworn officer(s);

2. an incident in which the use of force by a sworn officer(s) against a person results in death or great bodily injury. Great bodily injury shall have the meaning set forth in Penal Code section 12022.7(f) and shall include, but shall not be limited to, any physical injury requiring medical treatment in a hospital. For purposes of this section hospitalization shall not include merely for routine medical clearance;

3. an incident involving any in-custody death of any person which is preceded by the use of force against that person by a sworn officer, whether or not that force ultimately caused the death;

4. an incident involving the death of any civilian which is preceded by the use of force against that person by a sworn officer, whether or not that force ultimately caused the death;

5. an incident involving an allegation of sexual assault, by a sworn officer(s) against a person. “Sexual assault” shall have the meaning set forth in Penal Code Section 832.7(b)(1)(B)(ii) and “member of the public” shall have the meaning set forth in Penal Code section 832.7(b)(1)(B)(iii);

Page 3 of 22 ends

6. aAn incident involving an allegation of dishonesty of a sworn officer(s) relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another sworn officer(s), including, but not limited to, perjury, false statements, filing false reports, destruction of evidence, falsifying evidence, or concealing of evidence. All allegations of dishonesty, whether under oath or not, are included in this section.

C. The Independent Investigator shall conduct their investigation in parallel with any Internal Affairs investigation. All interviews conducted in any administrative investigation of Serious Incidents shall require the attendance of the Independent Investigator except that the initial interview conducted immediately after the occurrence of the Serious Incident may be conducted without the participation of the Independent Investigator if that person is unavailable.

1. All interviews of any subject or witness conducted by either the Independent Investigator or Internal Affairs shall be video and audio recorded. All such recordings shall be maintained by the City for a period of seven (7) years and may not be destroyed or disposed of before the expiration of that time period;.;

2. All audio and video recordings of any interview of any subject or witness shall affirmatively be made available to the Independent Investigator immediately, or as soon as possible, and in no event exceeding within five days from the date of any request for the recordingson which the recordings were made;

3. The Independent Investigator may conduct their own independent interviews of subjects and witnesses.

D. The Independent Investigator may conduct investigations of matters and incidents, other than Serious Incidents as set forth in sections 18.03.050I, 18.03.060F or as otherwise set forth in this Title.

E. Every City employee identified as a subject and every City employee identified as a witness in any investigation required by this chapter, shall cooperate to the fullest extent with the Independent Investigator. Failure to participate in interviews, provide documents, to be truthful and to otherwise cooperate shall be a violation of this section and shall subject any non-cooperating subject or witness to discipline, including potential termination, at the discretion of either the Chief of Police, if the employee works for the police department or City Manager, if the employee works for any other City department.

F. The Vallejo Police Department and every City department shall cooperate with the Independent Investigator in providing all evidence determined relevant by the Independent Investigator including, but not limited to, recorded interviews, body-worn camera footage, car camera footage, written statements, investigative reports and all other files, documents and records requested by the Independent Investigator. No member of the Vallejo Police Department, City employee, or elected or appointed official shall interfere with the Independent Investigator or the conclusions of the Independent Investigative Report.

Notwithstanding anything herein to the contrary, the Independent Investigator is not entitled

Page 4 of 22 ends

to any documents protected by the Attorney Client privilege or the Attorney Work Product privilege unless such privilege is waived. Further, the Independent Investigator has no authority to interview any City elected official or City employee concerning any matters discussed in a closed session City Council meeting or a Closed session Commission meeting.

The Independent Investigator may not access documents or other potential evidence produced solely for use in a closed session meeting. A closed session meeting is any meeting lawfully allowed to be held by a legislative body as set forth in Government Code section 54954.5.

G. In conducting any investigation, the Independent Investigator shall reasonably “follow the evidence” and shall not be bound by any scope of work in any contract with the City when it comes to reasonably identifying and investigating the misconduct of an officer as set forth in this Title.

H. The Independent Investigator shall have subpoena authority for records and other relevant material related to any independent investigation. No such subpoena shall issue, however, unless 30-days have elapsed since the Independent Investigator requested such records and they have not been provided. Any such subpoena may be enforced in the Solano County Superior Court and the City AttorneyAttorney, or their designee, shall take the necessary steps to enforce such a subpoena.

18.02.020 Investigative Report
A. The Independent Investigator shall prepare a written Investigative Report for each Serious Incident (“Independent Investigative Report”) or any complaint referred in accordance with the provisions of this Title. The Independent Investigative Report shall set forth findings of fact and a determination as to whether or not any Vallejo Police Department policies or City policies (the “Policy” or “Policies”) were potentially violated including any potential violations committed during the investigation (e.g., dishonesty during any investigative interview). The Independent Investigator shall make their findings based upon a preponderance of the evidence. The term “preponderance of the evidence” shall have the same meaning as found in the most recent version of CALJIC 2.50.2 or any successor section defining “preponderance of the evidence.” B. Upon conclusion of the investigation, the Independent Investigator shall submit a signed copy of the Investigative Report to the Commission, Independent Police Auditor (“IPA”), Chief of Police, the City Manager, the City Attorney and the Human Resources Director.

C. Nothing herein is intended to imply that any person employed by the City, including the Chief of Police, the City Manager, the City Attorney or the Human Resources Director directs or supervises the Independent Investigator.

D. The Independent Investigator shall conclude the investigation as promptly as possible. In no event shall the Independent Investigator conclude the investigation any later than 90 days prior to the running of the time limitation set forth in Government Code section 3304(d).

Page 5 of 22 ends

E. Nothing herein shall supersede or impede a sworn officer’s rights under the Peace Officer’s Bill of Rights or under any current Memorandum of Understanding with the Vallejo Peace Officers Association or any other rights set forth in law.

F. No City employee shall influence or attempt to influence the outcome of any independent investigation or the contents of any investigatory report prepared by the Independent Investigator. If, after investigation, it is discovered that a City employee engaged in such behavior, that employee shall be subject to discipline up to and including termination, at the discretion of the City Manager (if the employee is under the City Manager) or City Attorney (if the employee is under the City Attorney).

Chapter 18.03 Community Police Oversight and Accountability Commission.

18.03.010 Creation of Community Police Oversight and Accountability Commission Pursuant to the provisions of the Charter of the City of Vallejo, there is hereby created a Community Police Oversight Accountability CommissionCommunity Police Oversight and Accountability Commission (the “Commission”). The Community Police Oversight Accountability Commission Commission is an advisory board as described in section 403 of the Charter.

18.03.020 Membership and Terms of Community Police Oversight and Accountability Commission.

A. The Community Police Oversight Accountability CommissionCommission shall consist of seven (7) Members and two (2) Alternate Members appointed by the Mayor and City Council.

Each Council Member shall appoint a Member who is living within that Council Member’s District. The Mayor shall appoint one Member from any District in the City. Council Member and Mayor appointments shall be subject to the ratification of a majority of the City Council. In the event majority approval is not obtained, the appointing Council Member or Mayor shall select a different individual to serve as a Member of the Commission, and the process shall continue until a majority vote is obtained. In addition to the aforementioned Members, the Mayor and City Council shall collectively appoint one youth member between the ages of 18-25 and one community member as Alternate Members. Alternate Members must meet all the qualifications and training requirements set forth herein and are subject to the same laws, rules and regulations as Members unless specifically modified by this Title. Alternate Members shall participate in Commission meetings but shall not vote unless there is an absence on the Commission as set forth in section 18.03.100F below.

B. The City Council may not appoint any Member who:

1. is not a qualified elector in the City;

2. is a current employee of the City or any immediate family member of such a person as defined in section 18.03.020BC(31);

Page 6 of 22 ends

3. is currently employed as a peace officer by any local, state or federal law enforcement agency or who has been employed as such or who is an immediate family member of any such person. For purposes of this Title, an immediate family member is a current spouse, a child, a parent or a sibling;

4. is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in section

18.03.020BC(31);

5. is an attorney or law firm who represents or represented any person or entity in any proceedings or matters adverse to the City;

6. is a party to any proceeding or matter adverse to the City within the last seven five (755) years or any immediate family member of such a person as defined in section 18.03.020BC(31);

7. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commisison Commission or equivalent body involving a disciplinary matter;

7. has been convicted, in the immediately preceding seven (7) years, of any of the following crimes, whether a misdemeanor or a felony:
i. Crimes involving dishonesty;
ii. Crimes involving public corruption;
iii. Crimes involving physical harm of any kind to another human being; iv. Threats of violence or physical harm to another human being; v. Illegal possession of a firearm;
vi. Illegal disclosure of confidential information;
vii. Crimes involving robbery;

88. has ever been convicted of any of the following crimes:
viii.i. Any crime requiring registration as a sex offender pursuant to any state or federal law;
ix.ii. Any crime involving the abuse of a child;
x.iii. Any felony involving physical harm to a law enforcement officer.

C. The City Council shall use its best efforts to appoint Members reflecting the race, color, religious, sex/gender, gender identity, sexual orientation, marital status, medical condition, veteran/military status, national origin, ancestry, disability, genetic information and age diversity of the City of Vallejo. In soliciting applications from the public for Commission membership, the City shall target application solicitations to community groups specifically representing the diversity of the City.

Page 7 of 22 ends

D. Each Member shall serve as a volunteer without pay.

E. Applications for membership on the Commission shall be through the process defined in section 2.02.350 of this code and any applicable state law for publicizing openings for appointments to boards and commissions. All applications shall be submitted to the City Clerk who will distribute them to the Mayor and all members of the City Council. The Council District in which the applicant lives shall be shown clearly on the front of each application. The City Council shall conduct interviews of eligible applicants at a public meeting that has been noticed at least 72-hours in advance.

F. The term for each Member shall be as set forth in section 2.26.030 of this code including the staggering provisions in 2.26.030B. Alternate members shall not be subject to the staggering requirement set forth in section 2.26.030. Individual Council Members, the Mayor and the City Council as a whole may be referred to herein, either collectively or individually, as the “Appointing Authority.”
G. A Member may hold office for no more than eight consecutive years. Former Members may be reappointed after a break in service of at least two years.

H. Alternate Members may serve only one, four-year term and shall not be reappointed as an Alternate Member. An Alternate Member may be appointed as a regular Member after any length of service as an Alternate Member. Service as an Alternate Member shall not count toward the eight concurrent year limitation for service as a Member.

I. Notwithstanding anything to the contrary herein, each Member and Alternate Member shall continue to serve until their replacement is appointed.

J. Unless modified by this ordinance, Members may be removed as set forth in Chapter 2.26. In addition, a Member shall be removed if any Member is convicted of any felony or any crime as set forth in section 18.03.020B(75).

K. A Member shall be removed by the City Council if that Member discloses confidential information regarding any police officer, any police investigation, any information received by Members in closed session, any information that is protected by the attorney/client privilege or any other City information provided to the Member in confidence and that is prohibited from disclosure by state or federal law or the disclosure of which would subject the City to liability. If a Member is suspected of disclosing any such confidential information, the City Manager at the request of the City Council or upon the City Manager’s own recommendation, may initiate an investigation. If the investigator finds by a preponderance of the evidence, as that term is defined in CALJIC 2.50.2, that the Member willfully disclosed such confidential information or fails to take affirmative action to protect such information from disclosure, then the City Council shall remove the Member and a new Member shall be appointed by the City Council using the process set forth herein.

L. In the event of a vacancy caused by resignation and/or disability or death, the Appointing Authority may appoint a replacement to fill out the remaining period of the term pursuan t to Chapter 2.26 of this code.

Page 8 of 22 ends

M. At the City’s sole cost and expense, all Members shall be subjected to a live scan fingerprint check, to include a check of FBI and Californ ia Department of Justice criminal databases before beginning service on the Commission and at each appointment or reappointment thereafter or at the discretion of a majority of the City Council . A Member’s appointment shall be revoked if the background ch eck reveals that the Member has been convicted of any of the crimes set forth in section 18.03 .020B(7)., within the past seven (7) years, of any of the crimes listed in section 18.03.020B(7). The Member shall also be removed if convicted of any of the crimes set forth in section 18.03.020B(8) . To the extent allowed by law, any live scan report shall be kept confidential.

18.03.030 – Commission staff.

A. The City Manager shall appoint a member of City staff to support the Commission (“Commission Secretary ”) after seeking advice and input from the Commission at a noticed, regular or special meeting. Said meeting shall be held in either open or closed session as legally required when discu ssing personnel matters. The Commission Secretary shall prepare the Commission’s agendas, prepare staff reports and supporting materials, serve as the secretary of the Commission, keep the Commission ’s minutes and be the Commission’s custodian of records. In preparing agendas for the Commission , the Chair and vice -chair shall convene to set the Agenda and shall consult with the Commission Secretary as well as the Assigned Attorney, as that term is defined below, for advice concerning the legality of the Agenda. The Commission Secretary may not be an employee, either civilian or sworn, of the Vallejo Police Department. The Commission Secretary shall provide administrative support only and shall not provide any direction to the Commission or attempt to influence matters of policy.

B. The City Attorney ,Attorney, shall assign a qualified attorney to provide legal advice to the Commission on matters concerning the Commission (“Assigned Attor ney”) after seeking advice and input from the Commission at a noticed regular or special meeting . The Assigned Attorney may be either an employee of the City Attorney’s Office or a contracted attorney or both. The Assigned Attorney shall review all agenda items for the Commission to ensure compliance with the Ralph M. Brown Act and any other applicable laws and regulations. The Assigned Attorney shall also ensure that the items on the agenda do not exceed the subject matter jurisdiction of the Commission as set forth in this Title. In addition, the Assigned Attorney shall attend and provide legal advice at all regular and special meetings of the Commission. The Assigned Attorney shall also attend all Commission closed session meetings.

In the absence of the Assigned Attorney, the City Attorney, at their discretion, may appoint an alternate to temporarily perform the duties of the Assigned Attorney. The Assigned Attorney shall provide legal advice only and shall not provide any direction to the Commission or attempt to influence matters of policy. The Assigned Attorney shall not be an attorney directly involved in litigation matters involving the Vallejo Police Department. The Assigned Attorney shall have the following minimum quaificationsqualifications:

Page 9 of 22 ends

1. A municipal attorney with a minimum of five (5) years’ experience representing California cities and/or other California public agencies as either a City Attorney, Assistant City Attorney, Deputy City Attorney or equivalent role;

2. Possession of a Juris Doctor from an accredited law school;

32. Experience in police personnel and disciplinary matters and the related California law;

43. Experience in human resources;

54. Experience in police oversight.

C. The Assigned Attorney may not be a person who:

1. is currently employed as a peace officer by any local, state or federal law enforcement agency or who has been employed as such or who is an immediate family member of any such person as defined in section 18.03.020B(3). For purposes of this Title, an immediate family member is a current spouse, a child, a parent or a sibling;

2. is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in section

18.03.020B(3)C(1);

3. is an attorney or law firm who represents or represented any person or entity in any proceedings or matters adverse to the City;

4. is a party to any proceeding or matter adverse to the City within the last seven five (75) years or any immediate family member of such a person as defined in section 18.03.020B(3)C(1);

5. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service CommisisonCommission or equivalent body involving disciplinary matters;

C. The Chief shall assign themselves or a Deputy Chief to serve as a Police Liaison to the Commission. The Police Liaison shall be responsible for answering questions from Members, providing information to Members and ensuring that Members have access to records and information in possession of the Vallejo Police Dep artment as needed by the Commission to perform its duties and functions. The Police Liaison shall attend all meetings of the Commission. The Police Liaison may attend closed session meetings at the discretion of the Commission.

D. The City Council shall appoint one of its members to serve as a City Council Liaison to the Commission.At least one member of the City Council shall be appointed as a Commission liaison in the same manner as other council liaison appointments to boards and commissions.

Page 10 of 22 ends

18.03.040 Commission Training
A. Within nine (9) months of appointment, each Commissioner shall attend training provided/funded by the City as follows:

1. regarding the provisions of the Vallejo City Charter and with the Vallejo Municipal Code applicable to Department members and/or operations;

2. regarding the California Political Reform Act (Cal. Gov’t Code section 81000, et seq.), Vallejo’s Conflict of Interest Code, the California Brown Act (Cal.

Gov’t Code section 54950, et seq.), and the California Public Records Act (Cal.

Gov’t Code section 6250, et seq.), and all local rules relating thereto;

3. regarding basic principles of const itutional due pro cess and administrative hearings, as the same relate to peace officers;

4. regarding the legal requirements for maintaining the confidentiality of personnel records and other confidential documents or information;

5. regarding constitutional rights guaranteed to all residents as such rights are affected by law enforcement;

6. regarding the Meyers Milias Brown Act (Cal. Gov’t Code section 3500, et seq.) (MMBA), the Public Employment Relations Board’s administration of the MMBA, the City’s Memoranda of Understanding with the Vallejo Police Officers’ Association (VPOA), Confidential Administrative Management Personnel (CAMP), International Brotherhood of Electrical Workers (IBEW) and other relevant City personnel policies and procedures applicable to the Vallejo Police Department and City employees;

7. regarding the California Public Safety Officers Procedural Bill of Rights Act (Cal. Gov’t Code section 3300, et seq.), and other California Code sections pertaining to peace officers’ rights;

8. regarding anti-discrimination, harassment, bias, diversity, inclusion and racial equity;

9. regarding procedural justice:

9.10. regarding trauma informed care..

Page 11 of 22 ends

B. In addition to the above, members shall:

1. Complete Peace Officer Standards and Training (POST) or equivalent training relating to Search and Seizure and Arrest;

2. Complete Crisis Intervention Training including review of the Department’s training relating to same;

3. Participate in a Department “ride along” and attend a police training program with curriculum designed by the Chief of Police after consultation with the Commission;

4. Attend within 18 months of appointment, or as soon thereafter as possible, the annual conference offered by the National Association for Civilian Oversight of Law Enforcement (“NACOLE”) or a similar organization focused on police oversight, if and as budgeted by the City Council.

Nothing herein shall prevent Members from receiving training outside of Commission meetings and it is specifically authorized that Members may receive training from outside consultants, from the police department, from POST, and online if the Assigned Attorney concludes that such training meets the requirements set forth in this ordinance.

C. Members shall not participate on the Commission until the training identified in

18.03.040A.(1-9) above is completed. Members may participate in Commission matters without the training in18.03.040 B (1 -4). Members shall complete the required training (excepting Item B. 4. above which is optional) within nine (9) months from the date of appointment unless said time is extended by the City Council. In the event a Member fails to complete the required training during the time allotted by this Chapter, that Member shall be removed and replaced with a new appointment. Notwithstanding anything to the contrary herein, Members may attend Commission meetings before completing the required training for the purpose of receiving such training.

D. The City Manager, Police Chief and City Attorney shall timely assist the Commission in scheduling and facilitating all training required by this section so that Commissioners have the opportunity to complete the training within the nine-month period without hindrance from the City.

E. To the extent possible, Commission training sessions shall be video recorded so that Commissioners who are unable to attend a training session may make up the missed training by watching the video. Video recordings of training sessions shall be available to the public.

18.03.050 Commission powers, duties and functions.

The powers, duties and functions of the Community Police Oversight Accountability CommissionCommission are as follows:

Page 12 of 22 ends

A. To review all Independent Investigative Reports and all Internal Affairs reports and all supporting evidence used by the Independent Investigator or the Internal Affairs investigator concerning any Serious Incident and provide a recommendation concerning the findings thereof, to the Chief of Police and the City Manager. While the Commission shall not be limited in its recommendation, it shall specifically either agree or disagree with the factual findings and proposed policy violation conclusions and state the reasons therefore. The Commission may also, upon review of the Independent Investigative Report and/or the Internal Affairs report, recommend further investigation. All reviews and recommendations shall be submitted by the Commission to the Chief of Police and the City Manager within 60 days of the submission of the Independent Investigative Report to the Commission. In no event shall the recommendation be submitted to the Chief of Police and the City Manager less than 30 days prior to the running of the time limitation set forth in Government Code section 3304(d). In the event it is not received within the aforementioned time period, the Commission shall be deemed to have declined review; B. To request the assistance and advice of the IPA on any matter within the subject matter jurisdiction of the Commission;
C. To review the investigatory report provided by the Chief of Police as set forth in section 18.03.060 E. (whether prepared by the Independent Investigator or the Internal Affairs Division) relating to all complaints involving bias, discrimination, any threat or intimidation or coercion (or any attempt thereof), relating to 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, (Bias Incident) by a sworn officer whether in the performance of their duties or otherwise and provide a recommendation concerning the findings and/or policy violations thereof, to the Chief of Police and the City Manager. The Commission may also, upon review of the investigative report, recommend further investigation and/or changes in policy and training. All recommendations shall be submitted by the Commission to the IPA and the Chief of Police within 60 days of the submission of the Investigative Report to the Commission. In no event shall the recommendation be submitted to the Chief of Police less than 30 days prior to the running of the time limitation set forth In Government Code section 3304(d). In the event it is not received within the aforementioned time period, the Commission shall be deemed to have declined review;
D. To advise the Mayor, City Council, City Manager and Chief of Police on all police community relations issues;
E. To conduct public outreach to educate the community on the purpose of the Commission;
F. To create and maintain, with the assistance of the City’s Information Technology department, a Commission webpage with information about the Commission’s

Page 13 of 22 ends

powers, duties and functions as well as other information related to the subject matter jurisdiction of the Commission;
G. To receive written complaints, including anonymous complaints, from the public alleging misconduct by sworn Vallejo Police Department Officers. The Commission Secretary shall immediately forward (within 2 business days of receipt) all such complaints delivered to the Commission to the Chief of Police for investigation and the Chief of Police shall confirm to the Commission that the complaint has been received and logged by the Department. All complaints involving Serious Incidents, as defined in Sections 18.02.010DB shall also be forwarded by the Commission to the City Manager, Human Resources Director and City Attorney for investigation by an Independent Investigator as set forth in Chapter 18.02;
H. The Chief of Police, or any other City Department that receives public complaints shall immediately forward (within 2 business days) or cause to be forwarded to the Commission, any complaints from the public they have received concerning misconduct by Sworn Officers of the Police Department. For purposes of forwarding complaints to the Commission, the Chief of Police or other receiving Department may forward them to the Commission Secretary.

I. The Commission may request that any complaint be investigated by an Independent Investigator, whether said complaint was initially received by the Commission, by the Police Department or by another City Department. Requests for referral to an Independent Iinvestigator shall be granted for any Serious Incident or Bias Incident. The Commission may also request that the Chief of Police refer complaints relating to other matters to an Independent Investigator and may appeal to the City Manager if the Chief declines the referral to an Independent Investigator;
J. Recognizing that individuals may feel uncomfortable filing complaints with the Vallejo Police Department, to make complaint forms available to the public by posting complaint forms and information about the complaint process on the Commission webpage and at other public locations, as an alternative to filing complaints with the Vallejo Police Department and accepting the online filing of complaints, including anonymous complaints;
K. To ensure that the City and the Vallejo Police Department makes information about the complaint process and appropriate forms available at other public locations and to provide recommendations to the City and the Vallejo Police Department about the complaint process;
L. To review and make recommendations concerning the factual findings contained in any investigation of any filed complaint to the Chief of Police and/or City Manager;

Page 14 of 22 ends

M. To review and/or make a recommendation to the Chief of Police or City Manager concerning whether disciplinary action should be imposed relating to any violation of policy found to exist in any investigatory report of a Serious Incident or Bias Incident or other incidents referred to the Independent Investigator; N. To review and provide a recommendation to the Chief of Police in closed session concerning any draft Notice of Intended Discipline (NOID) for any Serious Incident or Bias Incident. The Chief shall consider any such recommendation before imposing any discipline within the time frame set forth in Government Code section 3304(d);
O. To review, advise and provide recommendations regarding any new Police policy or concerning any modification or revision of any such policy and to independently propose new policies in their discretion. The Chief of Police shall submit all proposed new policies or revisions to existing policies to the Commission for review before implementation of said policies or revisions. The Commission shall provide its advice and recommendation to the Chief of Police within 45 days of the submission of any new or revised policy. If the Chief of Police receives no recommendation from the Commission concerning the proposed policy or revision within the 45-day time frame, the Chief may move forward with implementation. This requirement shall not apply to Special Orders of the Chief of Police which may be implemented without a recommendation from the Commission. Notwithstanding the foregoing sentence, the Chief of Police shall not use Special Orders to circumvent the policy-review provisions set forth herein. If a Special Order has been in existence for more than six (6) months, the Chief of Police shall seek a review and recommendation from the Commission concerning the Special Order; P. To request a report from the Chief of Police regarding existing police training. To review, advise and provide recommendations to the Chief of Police on any new or revised police training deemed advisable by the Commission. The Chief of Police shall provide a report to the Commission concerning the implementation or non-implementation of any recommendation by the Commission; Q. To review and comment upon the Vallejo Police Department’s policy and/or practice of publishing data sets and reports regarding various Vallejo Police Department activities, submit comments concerning those data sets and reports to the Chief of Police and request that the Chief of Police consider said recommendations and provide a written response to the Commission; R. To prepare and submit an annual report (the “Commission’s Report”) to the Mayor and City Council, with copies to the City Manager and Chief of Police, on Commission activities. Said report shall be submitted for the previous year on or before April 15 of each calendar year. The Commission’s Report shall be made available to the public. The Commission, in its discretion and after consultation with the Assigned Attorney, may also produce a confidential report addressing

Page 15 of 22 ends

confidential matters and present the same to the Chief of Police. The City Council shall review and accept any such reports submitted to them by the Commission in either open session or closed session as legally appropriate; S. To make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of this Title. To the extent legally permissible, the Commission shall discuss such recommendations in public meetings of the Commission;
T. To review and advise upon any of the City Council’s proposed legislation or regulations related to the subject matter jurisdiction of the Commission. Before consideration or introduction of any such proposed legislation, the City Attorney or designee, shall submit such proposed legislation to the Commission for review. Once submitted, the Commission shall have sixty (60) days to submit any recommendations to the City Attorney unless such time is extended by agreement with the City Attorney. If deemed necessary by the City Council, the City Council may direct that the Commission provide recommendations in a shorter time period. The City Attorney shall include the Commission’s recommendations when the legislation is presented to the City Council; U. Solicit and consider input from the public concerning public interactions with the Vallejo Police Department;
V. To refer any matter within the Commission’s subject matter jurisdiction that the Commission in its discretion determines warrants additional investigation or action to the Solano County District Attorney, the California Attorney General or to any other state or federal agency responsible for investigating and/or prosecuting wrongdoing by sworn police officers;
W. In accordance with the City’s record retention policy, and the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5
th 608, to retain and maintain all
electronic communications to, from and/or copied to any Commissioner on the Commissioner’s personal email, text messages and social media concerning all matters of City business, whether or not within the subject matter jurisdiction of the Commission, and to provide such communications to the City upon request; X. The Commission shall have authority to lobby the State Legislature, the Governor, State Departments, Congress and other Federal offices concerning any matter within their subject matter jurisdiction however, they shall make clear in any such communication that their lobbying efforts are on their own behalf, rather than on behalf of the City, unless they have sought and received City Council approval in advance;
YX. The Commission shall have subpoena authority for records and other relevant material concerning any matter before them. No subpoena shall issued, however, unless 30 days have elapsed since any such records were requested by the Commission and the have not been provided. Any such subpoena may be

Page 16 of 22 ends

enforced in the Solano County Superior Court and the City Attorney or their designee shall take the necessary steps to enforce such a subpoena;.

Z. All amounts allocated to the Commission for expenditures are at the discretion of the City Council. Before any submission of the Commission’s annual budget to the City Council, the City’s Finance Director shall submit the proposed budget to the Commission for review. The Commission shall submit any recommendations to the Finance Director and to the City Council within 45 days of receipt. If the Comnmission Commission does not submit its recommendation within the 45- day time period, the City Council may adopt the budget without considering a Commission recommendation;.

AA. To the extent permitted by California state law, the Commission shall, upon request, release to the public all discloseable public records within the possession of the Commission;
AB. The Commission may hold public study sessions concerning any matter within its subject matter jurisdiction;
AC. All recommendations by the Commission shall be by written resolution adopted by a majority of its voting members.

18.03.060 Obligations of the Chief of Police and Police Personnel A. The Chief of Police and Vallejo Police Department personnel shall cooperate fully with the Commission and the IPA on all matters within the subject matter jurisdiction of the Commission. The Chief of Police shall provide all records requested by the Commission and the IPA related to any matter currently before the Commission and being reviewed by the Commission and/or the IPA. The Chief of Police or their designee shall appear before the Commission upon request of the Commission and give reports and/or answer questions of the Commission relating to matters within the subject matter jurisdiction of the Commission.

B. The Chief of Police may make a preliminary determination on any disciplinary matter involving a Serious Incident or Bias Incident but, shall not impose any discipline until the Commission makes its recommendation on the Independent Investigation and the Chief considers the recommendation.

C. The Chief of Police shall report to the Commission their final determination on any policy violation and any resulting disciplinary matter concerning a Serious Incident or Bias Incident. In the event the Chief of Police does not follow the recommendation of the Commission relating to a policy violation they shall provide a justification to the Commission in closed session.

D. The Commission may report any failure of the Chief of Police, or any other City employee, to cooperate fully with the Commission to the City Manager. The City Manager, in their discretion, may impose discipline upon the Chief of Police, or other City employee reporting to the City Manager for any willful or unlawful failure to cooperate.

Page 17 of 22 ends

E. To submit the investigatory report (whether prepared by the Independent Investigator or the Internal Affairs Division) relating to all complaints involving bias, discrimination, any threat or intimidation or coercion (or any attempt thereof), relating to sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, gender identity, citizenship, primary language, or immigration status,a Bias Incident by a sworn officer, whether in the performance of their duties or otherwise, to the Commission for review and recommendation.

F. The Chief of Police, in their discretion, may request that an Independent Investigator be assigned to investigate any other potential policy violation not referenced in this Title and provide the investigation to the Commission for a recommendation.

G. In the event the Chief of Police declines to follow any recommendation of the Commission on any matter within the subject matter jurisdiction of the Commission, the Chief of Police shall provide a written justification to the City Manager and to the City Council. After reviewing the Chief’s written justification, the City Manager may, in their discretion, direct the Chief of Police to follow the Commission recommendation.

18.03.070 Reports by Chief of Police
A. The Chief of Police shall prepare and present an annual report to the Commission concerning matters of investigation of complaints, Serious Incidents, Bias Incidents, policy review and training. Said report shall be submitted to the Commission, with copies to the City Manager and IPA no later than January 30 of each year. The Commission may use the Chief’s Report in preparing its own annual report as required by section 18.03.050R of this Title.

B. The Chief of Police shall provide a confidential quarterly report to the Commission and to the City Manager on all disciplinary matters. The Commission shall review and discuss all such reports in either open session or closed session as legally applicable, and, in their sole discretion, make recommendations to the Chief of Police and the City Manager concerning the matters set forth in such reports.

C. The Chief of Police shall prepare and submit a quarterly report to the Commission and the City Manager on the outcome of all complaints. The Commission shall review and discuss all such reports in either open session or closed session as legally applicable, and, in their sole discretion, make recommendations to the Chief of Police and the City Manager concerning the matters set forth in such reports.

18.03.080 Access to Confidential Information
A. Subject to applicable law, the Commission shall have access to all Vallejo Police Department files and records and to all files and records of other City offices, departments or agencies that are within the subject matter jurisdiction of the Commission and which are relevant to the performance of the Commission’s duties.

Page 18 of 22 ends

review of investigatory reports and disciplinary matters the Commission may have limited electronic access as set forth in B below, to records considered to be police personnel records as defined in Penal Code sections 832.8(a)(4) and 832.8(a)(5). In addition, the Commission shall not have access to the entirety of any individual personnel files of sworn employees of the Vallejo Police Department. For purposes of this section, Attorney Client and Attorney Work Product privilege shall apply to information directly related to and prepared for the purposes of litigation including, but not limited to, expert reports, the City’s litigation strategy or legal opinions prepared for the City Council.

B. Confidential documents, files and records shall be made available to Members in electronic format on a secure server and shall be password protected. Each Member shall have a unique password that identifies the accessing Member.

Printing of such documents shall be disabled if technologically possible. Members shall be prohibited from printing, photographing or otherwise copying any such records. Printing, photographing or otherwise copying or dissemination of such records in any manner by any Member shall be a violation of section 18.03.090 below and shall subject the Member to the consequences and punishment set forth herein

18.03.090 Confidentiality.

A. All personnel records, investigative reports, confidential documents generated within the City of Vallejo Police Department or within the City, information relating to closed session deliberations of the Commission, and any other privileged matters, shall be kept confidential by Members of the Commission.

B. Any Member found to have willfully disclosed confidential records or information or to have failed to take affirmative steps to prevent the disclosure of confidential records or information shall be removed by the City Council as set forth in section 18.03.020J of this chapter. If, after investigation as set forth in 18.03.020J it is determined by a preponderance of the evidence, as that term is defined in CALJIC 2.50.2, that a Member disclosed confidential records or information, in addition to being removed from the Commission, the Member shall be subject to an administrative fine of up to $2,500 for violation of this section.

18.03.100 – Commission meetings and governance.

A. Initially, the Commission shall hold regular meetings on the _______________ of every month beginning with the first full month after appointment of the Members . The Commission may schedule and hold any number of Special Meetings .Meetings. The Commission may modify its meeting schedule by adoption of bylaws as set forth in section

18.03.110 herein. Provided there is no business for the Commission to conduct at a regular meeting (i.e., there are no items requiring Commission action or discussion on the agenda), the Commission Secretary may cancel a regular meeting as long as such cancellation occurs at least seventy-two hours before the scheduled s tart of the meeting. The Commission Secretary may also cancel any meeting in the event of an emergency declared by the emergency

Page 19 of 22 ends

authority of the city, state or federal government. If there is a need to cancel a meeting for any other reason, the Commission Secretary may only cancel such meeting with the written consent of the Commission chair and vice chair. Any meeting cancellation must be in writing and must clearly state the reason for the cancellation. The Commission may change this cancellation policy by adopting City Council approved bylaws as set forth in section 18.03. 110 herein. All meetings of the Commission shall be subject to the Ralph M. Brown Act and, to the extent possible, be video recorded and public ly broadcast.

B. At the first meeting of the Commission , Members shall select from among themselves a Chair and Vice Chair.

C. The Commission may not continue with any meeting unless a quorum is present. F our Members shall constitute a quorum.

D. All actions of the Commission require a majority vote of Member s present.

E. The Commission shall consider all personnel and otherwise confidential matters in closed session to the extent permitted by law.

F. In the event a Member is absent at a Commissio n Meeting for any reason, an Alternate Member shall be entitled to vote in the Member’s absence. If more than one Member is absent from a Commission Meeting, both Alternate Members shall participate in voting at the meeting and each shall have one vote. If only one Member is absent, the Secretary shall draw lots to determine which Alternate Member will participate in voting.

G. Upon initial appointment of all Members after adoption of this ordinance, Members shall meet at least twice per month for the tra ining prescribed herein until such training is complete. Thereafter, trainings shall be held as needed to update previous training or to train new Members. These initial training meetings may be either regular or special meetings.

18.03.110 – Bylaws
The Commission may recommend the adopt ion of bylaws governing its operations to the City Council. Any such bylaws shall recognize the subject matter jurisdiction of the Commission as set forth in this Chapter 18.03 and shall not modify or alter said subje ct matter jurisdiction .

Commission bylaws shall be submitted to the City Council for adoption or amendment before implementation thereof by the Commission.

18.03.120 – General rules and regulations.

The Commission shall comply with the general rules and regulations for all boards, commissions and committees as set forth in Chapter 2.26 of this code unless otherwise modified by this Chapter 18.03 or as provided by ordinance or resolution of the City Council .

Page 20 of 22 ends

Chapter 18.04 Independent Police Auditor

18.04.010 Creation of Office of Independent Police Auditor There is hereby created the office of Independent Police Auditor (IPA). The IPA may be a full- time, part-time or contracted position at the discretion of the City Manager. The City Manager shall appoint this position after seeking advice and input from the Commission .

Notwithstanding anything in this code to the contrary and notwithst anding the amount of any such contract, all contracts for an Independent Police Auditor shall be approved by the City Council. Recognizing the importance of the role of the IPA, the City Council shall, in good faith review any such contract submitted to i t by the City Manager and shall not unreasonably withhold approval.

18.04.020 IPA Qualifications
The IPA shall have the following minimum experience and/or training :

A. Possession of a graduate degree in Criminal Justice, Criminology, Law, a Juris Doctorate or a closely related field from an accredited college or university. Appropriate relevant experience may substitute for the education requirement; B. Experience in police practices, policy and training; C. Experience and understanding of the Police Officers Bill of Rights and other applicable laws related to sworn employees;
D. Experience in human resources;
E. Other experience in the discretion of the City Manager.

Prior to appointment, the IPA shall submit to a criminal background c heck as a condition of appointment. The IPA may not be:

1. an individual currently employed by the City or any immediate family member of such a person as defined in section 18.03.020B(3)C(1);

2. an individual who is a Consultant, for other purposes than the IPA , retained by the City within the preceding 12 months;

3. A current or former sworn officer with the Vallejo Police Departmen t or any immediate family member of such a person as defined in section 18.03.020B(3)C(1);

4. an individual currently employed as a Peace Officer by any other local, state or federal law enforcement agency or who has ever been employed as such within the

Page 21 of 22 ends

immediately preceding seven (7) years prior to appointment or any immediate family member of such a person as defined in section 18.03.020B(3)C(1);

5. an attorney or law firm who is representing or has represented a party in any proceedings or matters adverse to the City,

6. an individual who is or was a party to any proceedings or matters adverse to the City or is an immediate family member to any suchany such person within the last seven five (75) years.

7. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service CommisisonCommission or equivalent body involving disciplinary matters;

18.04.030 Duties of the IPA
The IPA shall have the following minimum duties:

A. The IPA shall receive timely notification of Serious Incidents to enable them to report to the scene of Serious Incidents for the purpose of first -hand observation. The IPA and the Chief of Police shall develop necessary protocols for notifying the IPA to about the Serious Incident and granting scene access.

B. The IPA may be present during the interviews of witnesses and subjects during any investigation of a Serious Incident or other incidents assigned to an Independent Investigator or Internal Affairs .

C. The IPA shall review all final Investigatory Reports, whether by an Independent Investigator or Internal Affairs, associated with Serious Incidents and provide a recommendation concerning the findings thereof to the Commission and/or the Chief of Police relating thereto.

D. The IPA shall review all final Investigatory Reports, whether by an Independent Investigator or Internal Affairs, relating to a Bias I ncident and may provide a recommendation concerning the findings thereof to the Commission and/or the Chief of Police relating thereto.

E. The IPA may review all investigatory reports resulting from any investigation by either an Independent Investigator or Internal Affairs as may be referred to the IPA by the Chief of Police or the Commission . The IPA may provide a report with findings and recommendations on any such investigatory report to the Commission , the City Manager, the City Council and the Chief of Police .

F. The IPA shall stay up to date concerning Vallejo Police Department policies and training and shall advise the Commission, the City Manage r and the Chief of Police in writing when, in the opinion of the IPA, a change or modification of policy or training is needed. The IPA shall set forth in writing the policy or training that the IPA recommends be added, changed or modified and shall provid e an analysis of the reasons they believe the change, modification or addition of policy or training is desirable. If a policy or training does not require a change or modification, the IPA shall so state.

Page 22 of 22 ends

G. The IPA shall assist the Commission in the prepar ation of its annual report required in section 18.03.050N050R.

H. The IPA may also prepare reports on the IPA’s other activities for review by the Commission.

I. H. The IPA shall have subpoena authority for records and other relevant material concerning any matter before them. No subpoena shall be issued, however, unless 30- days have elapsed since any such records were requested by the IPA and thethey have not been provided. Any such subpoena may be enforced in the Solano County Superior Court and the City Attorney or their designee shall take the necessary steps to enforce such a subpoena.

Page 1 of 23 ends

Approved as to form:

By: for
Veronica Nebb, City Attorney
AN ORDINANCE OF THE CITY COUCNIL OF THE CITY OF VALLEJO ENACTING TITLE 18 ENTITLED

POLICE OVERSIGHT AND ACCOUNTABILITY

WHEREAS, in 2019, the City of Vallejo (“City”) hired the OIR Group to conduct an independent assessment of the operations and culture of the Vallejo Police Department (“VPD”); and WHEREAS, in May 2020, the OIR Group completed its assessment of VPD and issued its report entitled Independent Assessment of Operations, Internal Review Systems, and Agency Culture (the “Report”); and
WHEREAS, the Report contains 45 recommendations to improve the VPD; and WHEREAS, recommendation 45 in the Report recommends that “VPD should work with City leadership to create a model of independent oversight specifically tailored to meet the needs of Vallejo”; and
WHEREAS, in July 2020, the City entered into a Collaborative Agreement with the California Department of Justice to work on implementing the OIR recommendations, including recommendation 45; and
WHEREAS, in March 2022, the City Council directed staff to implement a community engagement plan to receive input from Vallejo residents about police oversight models; and WHEREAS, City Staff conducted nine community engagement meetings including one in each of the six Council districts, one youth meeting, one business meeting and one meeting with the Chief’s Advisory Board; and
WHEREAS, City Staff also engaged with VPOA, CAMP and police staff; and WHEREAS, City Staff complied the input they received and returned to City Council on August 23, 2022; and
WHEREAS, at the August 23 meeting, Staff presented its findings from community engagement as well as its research into police oversight in 17 different communities throughout the nation; and
WHEREAS, the City Council directed Staff to draft a police oversight ordinance specifically tailored for Vallejo and informed by the community engagement process, input from collaborative partners and input from the City Council; and WHEREAS, the City Council also directed Staff to meet with and seek input from Common Ground, a non-profit, community-based organization that had drafted its own police oversight ordinance for consideration; and

Page 2 of 23 ends

WHEREAS, Staff met with Common Ground on three occasions to seek input and collaboration on the provisions of the City’s proposed ordinance; and WHEREAS, Common Ground provided input which resulted in several significant changes to the proposed ordinance; and
WHEREAS, Staff also met with representatives of the Department of Justice to review the ordinance and seek input; and
WHEREAS, Staff also met with representatives of VPOA to seek input; and WHEREAS, the City Council held a workshops about the ordinance on December 6, 2022 and again on December 12, 2022; and
WHEREAS, the City Council provided input at the workshops that resulted in revisions to the ordinance; and
WHEREAS, the ordinance is the result of significant community engagement and collaboration and has been informed by input from the public as well as from collaborative partners; and WHEREAS, the ordinance is designed to meet the needs of the City, to comply with the City Charter and State Law and to be sustainable into the future.

NOW THEREFORE, the City Council of the City of Vallejo does hereby ordain as follows:

SECTION ONE
Title 18 of the Vallejo Municipal Code is hereby added and shall read as follows:

TITLE 18 POLICE OVERSIGHT AND ACCOUNTABILITY
Chapter 18.01 Title and Purpose

18.01.010 Title
This ordinance shall be known as the “Police Accountability and Oversight Ordinance.”

Page 3 of 23 ends

Chapter 18.02 Independent Investigations of Serious Incidents

18.02.010 Independent Investigations
A. Any Serious Incident, as that term is defined in section 18.02.010D, involving a sworn police officer(s) employed by the Vallejo Police Department, shall be investigated by an independent investigator (“Independent Investigator”). Bias Incidents, as that term is defined in section

18.03.050C, as well as other potential policy violations may be investigated by the Independent Investigator as set forth in section 18.03.050I.

B. The City Manager, City Attorney and Human Resources Director shall, by consensus, select a contracted Independent Investigator after seeking advice and input from the Community Police Oversight and Accountability Commission (“Commission”) at a noticed, open regular or special meeting. In order to improve efficiency and timeliness, the City Manager may create a standing list of approved investigators. Thereafter, investigators may be selected from the list without seeking further advice and input from the Commission. The list shall be updated on an annual basis. The list shall be a public record that the Commission or the City Manager may make available to the public online.

C. Any person or firm selected as an Independent Investigator shall have the following experience:

1. Be specifically trained in workplace investigations with at least five years of experience investigating workplace matters or public employment issues involving law enforcement agencies;

2. Have an office or place of business within 100 miles of the City and be able to timely respond to Serious Incidents or other matters being investigated;

3. Have significant experience providing expert testimony before arbitrators or courts and able to cite to examples.

The Independent Investigator must not be a person who:

1. Is a current employee of the City or any immediate family member of such a person as defined in section 18.03.020B(3);

2. has ever been a peace officer for any federal, state or local law enforcement agency;

3. is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in section 18.03.020B(3);

4. is an attorney or law firm who represents or represented any person in any proceedings or matters adverse to the City;

5. is a party in any proceedings or matters adverse to the City within the last five (5) years or any immediate family member of such a person as defined in section

18.03.020B(3).

Page 4 of 23 ends

6. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commission or equivalent body involving a disciplinary matter;
D. A Serious Incident shall be defined as any incident involving sworn members of the Vallejo Police Department and concerning:

1. an incident involving the discharge of a firearm at a person by a sworn officer(s);

3. an incident involving any in-custody death of any person which is preceded by the use of force against that person by a sworn officer, whether or not that force ultimately caused the death;

4. an incident involving the death of any civilian which is preceded by the use of force against that person by a sworn officer, whether or not that force ultimately caused the death;

6. an incident involving an allegation of dishonesty of a sworn officer(s) relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another sworn officer(s), including, but not limited to, perjury, false statements, filing false reports, destruction of evidence, falsifying evidence, or concealing of evidence. All allegations of dishonesty, whether under oath or not, are included in this section.

E. The Independent Investigator shall conduct their investigation in parallel with any Internal Affairs investigation. All interviews conducted in any administrative investigation of Serious Incidents shall require the attendance of the Independent Investigator except that the initial interview conducted immediately after the occurrence of the Serious Incident may be conducted without the participation of the Independent Investigator if that person is unavailable.

2. All audio and video recordings of any interview of any subject or witness shall affirmatively be made available to the Independent Investigator immediately, or

Page 5 of 23 ends

as soon as possible, and in no event exceeding five days from the date on which the recordings were made;

3. The Independent Investigator may conduct their own independent interviews of subjects and witnesses.

F. The Independent Investigator may conduct investigations of matters and incidents, other than Serious Incidents as set forth in sections 18.03.050I, 18.03.060F or as otherwise set forth in this Title.

G. Every City employee identified as a subject and every City employee identified as a witness in any investigation required by this chapter, shall cooperate to the fullest extent with the Independent Investigator. Failure to participate in interviews, provide documents, to be truthful and to otherwise cooperate shall be a violation of this section and shall subject any non-cooperating subject or witness to discipline, including potential termination, at the discretion of either the Chief of Police, if the employee works for the police department or City Manager, if the employee works for any other City department.

H. The Vallejo Police Department and every City department shall cooperate with the Independent Investigator in providing all evidence determined relevant by the Independent Investigator including, but not limited to, recorded interviews, body-worn camera footage, car camera footage, written statements, investigative reports and all other files, documents and records requested by the Independent Investigator. No member of the Vallejo Police Department, City employee, or elected or appointed official shall interfere with the Independent Investigator or the conclusions of the Independent Investigative Report.

Notwithstanding anything herein to the contrary, the Independent Investigator is not entitled to any documents protected by the Attorney Client privilege or the Attorney Work Product privilege unless such privilege is waived. Further, the Independent Investigator has no authority to interview any City elected official or City employee concerning any matters discussed in a closed session City Council meeting or a Closed session Commission meeting.

I. In conducting any investigation, the Independent Investigator shall reasonably “follow the evidence” and shall not be bound by any scope of work in any contract with the City when it comes to reasonably identifying and investigating the misconduct of an officer as set forth in this Title.

J. The Independent Investigator shall have subpoena authority for records and other relevant material related to any independent investigation. No such subpoena shall issue, however, unless 30-days have elapsed since the Independent Investigator requested such records and they have not been provided. Any such subpoena may be enforced in the Solano County Superior Court and the City Attorney, or their designee, shall take the necessary steps to enforce such a subpoena.

Page 6 of 23 ends

Chapter 18.03 Community Police Oversight and Accountability Commission.

18.03.010 Creation of Community Police Oversight and Accountability Commission Pursuant to the provisions of the Charter of the City of Vallejo, there is hereby created a Community Police Oversight and Accountability Commission (the “Commission”) The Commission is an advisory board as described in section 403 of the Charter.

Page 7 of 23 ends

18.03.020 Membership and Terms of Community Police Oversight and Accountability Commission.

A. The Commission shall consist of seven (7) Members and two (2) Alternate Members appointed by the Mayor and City Council. Each Council Member shall appoint a Member who is living within that Council Member’s District. The Mayor shall appoint one Member from any District in the City. Council Member and Mayor appointments shall be subject to the ratification of a majority of the City Council. In the event majority approval is not obtained, the appointing Council Member or Mayor shall select a different individual to serve as a Member of the Commission, and the process shall continue until a majority vote is obtained. In addition to the aforementioned Members, the Mayor and City Council shall collectively appoint one youth member between the ages of 18-25 and one community member as Alternate Members.

Alternate Members must meet all the qualifications and training requirements set forth herein and are subject to the same laws, rules and regulations as Members unless specifically modified by this Title. Alternate Members shall participate in Commission meetings but shall not vote unless there is an absence on the Commission as set forth in section 18.03.100F below.

B. The City Council may not appoint any Member who:

1. is not a qualified elector in the City;

2. is a current employee of the City or any immediate family member of such a person as defined in section 18.03.020B(3);

4. is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in section 18.03.020B(3);

5. is an attorney or law firm who represents or represented any person or entity in any proceedings or matters adverse to the City;

6. is a party to any proceeding or matter adverse to the City within the last five (5) years or any immediate family member of such a person as defined in section

18.03.020B(3);

7. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commission or equivalent body involving a disciplinary matter;

8. has ever been convicted of any of the following crimes:
i. Any crime requiring registration as a sex offender pursuant to any state or federal law;
ii. Any crime involving the abuse of a child;
iii. Any felony involving physical harm to a law enforcement officer.

Page 8 of 23 ends

D. Each Member shall serve as a volunteer without pay.

I. Notwithstanding anything to the contrary herein, each Member and Alternate Member shall continue to serve until their replacement is appointed.

Page 9 of 23 ends

Council shall remove the Member and a new Member shall be appointed by the City Council using the process set forth herein.

M. At the City’s sole cost and expense, all Members shall be subjected to a live scan fingerprint check, to include a check of FBI and California Department of Justice criminal databases before beginning service on the Commission and at each appointment or reappointment thereafter or at the discretion of a majority of the City Council . A Member’s appointment shall be revoked if the background check reveals that the Member has been convicted of any of the crimes set forth in section 18.03.020B(7). . To the extent allowed by law, any live scan report shall be kept confidential.

18.03.030 – Commission staff.

A. The City Manager shall appoint a member of City staff to support the Commission (“Commission Secretary ”) after seeking advice and input from the Commission at a noticed, regular or special meeting. Said meeting shall be held in either open or closed session as legally required when discussing personnel matters. The Commission Secretary shall prepare the Commission’s agendas, prepare staff reports and supporting materials, serve as the secretary of the Commission, keep the Commission ’s minutes and be the Commission’s custodian of records. In preparing agendas for the Commission , the Chair and vice -chair shall convene to set the Agenda and shall consult with the Commission Secretary as well as the Assigned Attorney, as that term is defined below, for advice concerning the legality of the Agenda. The Commission Secretary may not be an employee, either civilian or sworn, of the Vallejo Police Department. The Commission Secretary shall provide administrative support only and shall not provide any direction to the Commission or attempt to influence matters of policy.

B. The City Attorney, shall assign a qualified attorney to provide legal advice to the Commission on matters concerning the Commission (“Assigned Attor ney”) after seeking advice and input from the Commission at a noticed regular or special meeting . The Assigned Attorney may be either an employee of the City Attorney’s Office or a contracted attorney or both. The Assigned Attorney shall review all agenda items for the Commission to ensure compliance with the Ralph M. Brown Act and any other applicable law s and regulations. The Assigned Attorney shall also ensure that the items on the agenda do not exceed the subject matter jurisdiction of the Commission as set forth in this Title. In addition, the Assigned Attorney shall attend and provide legal advice at all regular and special meetings of the Commission. The Assigned Attorney shall also attend all Commission closed session meetings.

Page 10 of 23 ends

to influence matters of policy. The Assigned Attorney shall not be an attorney directly involved in litigation matters involving the Vallejo Police Department. The Assigned Attorney shall have the following minimum qualifications:

2. Possession of a Juris Doctor from an accredited law school;

3. Experience in police personnel and disciplinary matters and the related California law;

4. Experience in human resources;

5. Experience in police oversight.

C. The Assigned Attorney may not be a person who:

2. is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in section 18.03.020B(3);

3. is an attorney or law firm who represents or represented any person or entity in any proceedings or matters adverse to the City;

4. is a party to any proceeding or matter adverse to the City within the last five (5) years or any immediate family member of such a person as defined in section

18.03.020B(3);

5. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commission or equivalent body involving disciplinary matters;

D. The Chief shall assign themselves or a Deputy Chief to serve as a Police Liaison to the Commission. The Police Liaison shall be responsible for answering questions from Members, providing information to Members and ensuring that Members have access to records and information in possession of the Vallejo Police Dep artment as needed by the Commission to perform its duties and functions. The Police Liaison shall attend all meetings of the Commission. The Police Liaison may attend closed session meetings at the discretion of the Commission.

E. At least one member of the City Council shall be appointed as a Commission liaison in the same manner as other council liaison appointments to boards and commissions.

Page 11 of 23 ends

18.03.040 Commission Training
A. Within nine (9) months of appointment, each Commissioner shall attend training provided/funded by the City as follows:

1. regarding the provisions of the Vallejo City Charter and with the Vallejo Municipal Code applicable to Department members and/or operations;

2. regarding the California Political Reform Act (Cal. Gov’t Code section 81000, et seq.), Vallejo’s Conflict of Interest Code, the California Brown Act (Cal.

Gov’t Code section 54950, et seq.), and the California Public Records Act (Cal.

Gov’t Code section 6250, et seq.), and all local rules relating thereto;

3. regarding basic principles of constitutional due pro cess and administrative hearings, as the same relate to peace officers;

4. regarding the legal requirements for maintaining the confidentiality of personnel records and other confidential documents or information;

5. regarding constitutional rights guaranteed to all residents as such rights are affected by law enforcement;

7. regarding the California Public Safety Officers Procedural Bill of Rights Act (Cal. Gov’t Code section 3300, et seq.), and other California Code sections pertaining to peace officers’ rights;

8. regarding anti-discrimination, harassment, bias, diversity, inclusion and racial equity;

9. regarding procedural justice;

10. regarding trauma informed care.

B. In addition to the above, Members shall:

1. Complete Peace Officer Standards and Training (POST) or equivalent training relating to Search and Seizure and Arrest;

Page 12 of 23 ends

2. Complete Crisis Intervention Training including review of the Department’s training relating to same;

3. Participate in a Department “ride along” and attend a police training program with curriculum designed by the Chief of Police after consultation with the Commission;

C. Members shall not participate on the Commission until the training identified in

18.03.040A(1-9) above is completed. Members may participate in Commission matters without the training in18.03.040B(1-4). Members shall complete the required training (excepting Item B. 4. above which is optional) within nine (9) months from the date of appointment unless said time is extended by the City Council. In the event a Member fails to complete the required training during the time allotted by this Chapter, that Member shall be removed and replaced with a new appointment. Notwithstanding anything to the contrary herein, Members may attend Commission meetings before completing the required training for the purpose of receiving such training.

18.03.050 Commission powers, duties and functions.

The powers, duties and functions of the Commission are as follows:

Page 13 of 23 ends

and state the reasons therefore. The Commission may also, upon review of the Independent Investigative Report and/or the Internal Affairs report, recommend further investigation. All reviews and recommendations shall be submitted by the Commission to the Chief of Police and the City Manager within 60 days of the submission of the Independent Investigative Report to the Commission. In no event shall the recommendation be submitted to the Chief of Police and the City Manager less than 30 days prior to the running of the time limitation set forth in Government Code section 3304(d). In the event it is not received within the aforementioned time period, the Commission shall be deemed to have declined review; B. To request the assistance and advice of the IPA on any matter within the subject matter jurisdiction of the Commission;
C. To review the investigatory report provided by the Chief of Police as set forth in section 18.03.060 E. (whether prepared by the Independent Investigator or the Internal Affairs Division) relating to all complaints involving bias, discrimination, any threat or intimidation or coercion (or any attempt thereof), relating to 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, (“Bias Incident”) by a sworn officer whether in the performance of their duties or otherwise and provide a recommendation concerning the findings and/or policy violations thereof, to the Chief of Police and the City Manager. The Commission may also, upon review of the investigative report, recommend further investigation and/or changes in policy and training. All recommendations shall be submitted by the Commission to the IPA and the Chief of Police within 60 days of the submission of the Investigative Report to the Commission. In no event shall the recommendation be submitted to the Chief of Police less than 30 days prior to the running of the time limitation set forth In Government Code section 3304(d). In the event it is not received within the aforementioned time period, the Commission shall be deemed to have declined review;
D. To advise the Mayor, City Council, City Manager and Chief of Police on all police community relations issues;
E. To conduct public outreach to educate the community on the purpose of the Commission;
F. To create and maintain, with the assistance of the City’s Information Technology department, a Commission webpage with information about the Commission’s powers, duties and functions as well as other information related to the subject matter jurisdiction of the Commission;
G. To receive written complaints, including anonymous complaints, from the public alleging misconduct by sworn Vallejo Police Department Officers. The Commission Secretary shall immediately forward (within 2 business days of

Page 14 of 23 ends

receipt) all such complaints delivered to the Commission to the Chief of Police for investigation and the Chief of Police shall confirm to the Commission that the complaint has been received and logged by the Department. All complaints involving Serious Incidents, as defined in Sections 18.02.010D shall also be forwarded by the Commission to the City Manager, Human Resources Director and City Attorney for investigation by an Independent Investigator as set forth in Chapter 18.02;
H. The Chief of Police, or any other City Department that receives public complaints shall immediately forward (within 2 business days) or cause to be forwarded to the Commission, any complaints from the public they have received concerning misconduct by Sworn Officers of the Police Department. For purposes of forwarding complaints to the Commission, the Chief of Police or other receiving Department may forward them to the Commission Secretary.

I. The Commission may request that any complaint be investigated by an Independent Investigator, whether said complaint was initially received by the Commission, by the Police Department or by another City Department. Requests for referral to an Independent Investigator shall be granted for any Serious Incident or Bias Incident. The Commission may also request that the Chief of Police refer complaints relating to other matters to an Independent Investigator and may appeal to the City Manager if the Chief declines the referral to an Independent Investigator;
J. Recognizing that individuals may feel uncomfortable filing complaints with the Vallejo Police Department, to make complaint forms available to the public by posting complaint forms and information about the complaint process on the Commission webpage and at other public locations, as an alternative to filing complaints with the Vallejo Police Department and accepting the online filing of complaints, including anonymous complaints;
K. To ensure that the City and the Vallejo Police Department makes information about the complaint process and appropriate forms available at other public locations and to provide recommendations to the City and the Vallejo Police Department about the complaint process;
L. To review and make recommendations concerning the factual findings contained in any investigation of any filed complaint to the Chief of Police and/or City Manager;
M. To review and/or make a recommendation to the Chief of Police or City Manager concerning whether disciplinary action should be imposed relating to any violation of policy found to exist in any investigatory report of a Serious Incident or Bias Incident or other incidents referred to the Independent Investigator; N. To review and provide a recommendation to the Chief of Police in closed session concerning any draft Notice of Intended Discipline (NOID) for any Serious

Page 15 of 23 ends

Incident or Bias Incident. The Chief shall consider any such recommendation before imposing any discipline within the time frame set forth in Government Code section 3304(d);
O. To review, advise and provide recommendations regarding any new Police policy or concerning any modification or revision of any such policy and to independently propose new policies in their discretion. The Chief of Police shall submit all proposed new policies or revisions to existing policies to the Commission for review before implementation of said policies or revisions. The Commission shall provide its advice and recommendation to the Chief of Police within 45 days of the submission of any new or revised policy. If the Chief of Police receives no recommendation from the Commission concerning the proposed policy or revision within the 45-day time frame, the Chief may move forward with implementation. This requirement shall not apply to Special Orders of the Chief of Police which may be implemented without a recommendation from the Commission. Notwithstanding the foregoing sentence, the Chief of Police shall not use Special Orders to circumvent the policy-review provisions set forth herein. If a Special Order has been in existence for more than six (6) months, the Chief of Police shall seek a review and recommendation from the Commission concerning the Special Order; P. To request a report from the Chief of Police regarding existing police training. To review, advise and provide recommendations to the Chief of Police on any new or revised police training deemed advisable by the Commission. The Chief of Police shall provide a report to the Commission concerning the implementation or non-implementation of any recommendation by the Commission; Q. To review and comment upon the Vallejo Police Department’s policy and/or practice of publishing data sets and reports regarding various Vallejo Police Department activities, submit comments concerning those data sets and reports to the Chief of Police and request that the Chief of Police consider said recommendations and provide a written response to the Commission; R. To prepare and submit an annual report (the “Commission’s Report”) to the Mayor and City Council, with copies to the City Manager and Chief of Police, on Commission activities. Said report shall be submitted for the previous year on or before April 15 of each calendar year. The Commission’s Report shall be made available to the public. The Commission, in its discretion and after consultation with the Assigned Attorney, may also produce a confidential report addressing confidential matters and present the same to the Chief of Police. The City Council shall review and accept any such reports submitted to them by the Commission in either open session or closed session as legally appropriate; S. To make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of this Title. To the extent

Page 16 of 23 ends

legally permissible, the Commission shall discuss such recommendations in public meetings of the Commission;
T. To review and advise upon any of the City Council’s proposed legislation or regulations related to the subject matter jurisdiction of the Commission. Before consideration or introduction of any such proposed legislation, the City Attorney or designee, shall submit such proposed legislation to the Commission for review. Once submitted, the Commission shall have sixty (60) days to submit any recommendations to the City Attorney unless such time is extended by agreement with the City Attorney. If deemed necessary by the City Council, the City Council may direct that the Commission provide recommendations in a shorter time period. The City Attorney shall include the Commission’s recommendations when the legislation is presented to the City Council; U. Solicit and consider input from the public concerning public interactions with the Vallejo Police Department;
V. To refer any matter within the Commission’s subject matter jurisdiction that the Commission in its discretion determines warrants additional investigation or action to the Solano County District Attorney, the California Attorney General or to any other state or federal agency responsible for investigating and/or prosecuting wrongdoing by sworn police officers;
W. In accordance with the City’s record retention policy, and the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5
th 608, to retain and maintain all
electronic communications to, from and/or copied to any Commissioner on the Commissioner’s personal email, text messages and social media concerning all matters of City business, whether or not within the subject matter jurisdiction of the Commission, and to provide such communications to the City upon request; X. The Commission shall have authority to lobby the State Legislature, the Governor, State Departments, Congress and other Federal offices concerning any matter within their subject matter jurisdiction however, they shall make clear in any such communication that their lobbying efforts are on their own behalf, rather than on behalf of the City, unless they have sought and received City Council approval in advance;
Y. The Commission shall have subpoena authority for records and other relevant material concerning any matter before them. No subpoena shall issue however, unless 30 days have elapsed since any such records were requested by the Commission and the have not been provided. Any such subpoena may be enforced in the Solano County Superior Court and the City Attorney or their designee shall take the necessary steps to enforce such a subpoena; Z. All amounts allocated to the Commission for expenditures are at the discretion of the City Council. Before any submission of the Commission’s annual budget to the City Council, the City’s Finance Director shall submit the proposed budget to

Page 17 of 23 ends

the Commission for review. The Commission shall submit any recommendations to the Finance Director and to the City Council within 45 days of receipt. If the Commission does not submit its recommendation within the 45-day time period, the City Council may adopt the budget without considering a Commission recommendation;
AA. To the extent permitted by California state law, the Commission shall, upon request, release to the public all discloseable public records within the possession of the Commission;
AB. The Commission may hold public study sessions concerning any matter within its subject matter jurisdiction;
AC. All recommendations by the Commission shall be by written resolution adopted by a majority of its voting members. Resolutions dealing with confidential matters shall remain confidential to the extent required by law.

E. To submit the investigatory report (whether prepared by the Independent Investigator or the Internal Affairs Division) relating to all complaints involving a Bias Incident by a sworn officer, whether in the performance of their duties or otherwise, to the Commission for review and recommendation.

Page 18 of 23 ends

Notwithstanding the foregoing, the Commission shall not have access to documents that are protected by the Attorney Client or Attorney Work Product privilege unless authorized by the City Attorney and City Council. Further, in connection with the review of investigatory reports and disciplinary matters the Commission may have limited electronic access as set forth in B below, to records considered to be police personnel records as defined in Penal Code sections 832.8(a)(4) and 832.8(a)(5). In addition, the Commission shall not have access to the entirety of any individual personnel files of sworn employees of the Vallejo Police Department. For purposes of this section, Attorney Client and Attorney Work Product privilege shall apply to information directly related to and prepared for the purposes of litigation including,

Page 19 of 23 ends

but not limited to, expert reports, the City’s litigation strategy or legal opinions prepared for the City Council.

18.03.090 Confidentiality.

18.03.100 – Commission meetings and governance.

A. Initially, the Commission shall hold regular meetings on the _______________ of every month beginning with the first full month after appointment of the Members . The Commission may schedule and hold any number of Special Meetings. The Commission may modify its meeting schedule by adoption of bylaws as set forth in section 18.03.110 herein.

Provided there is no business for the Commission to conduct at a regular meeting ( i.e., there are no items requiring Commission action or discussion on the agenda), the Commission Secretary may cancel a regular meeting as long as such cancellation occurs at least seventy - two hours before the scheduled start of the meeting. The Commission Secretary may also cancel any meeting in the event of an emergency declared by the emergency authority of the city, state or federal government. If there is a need to cancel a meeting for any other reason, the Commission Secretary may only cancel such meeting with the written consent of the Commission chair and vice chair. Any meeting cancellation must be in writing and must clearly state the reason for the cancellation. The Commission may change this cancellation policy by adopting City Council approved bylaws as set forth in section 18.03. 110 herein. All meetings of the Commission shall be subject to the Ralph M. Brown Act and, to the extent possible, be video recorded and public ly broadcast.

Page 20 of 23 ends

B. At the first meeting of the Commission , Members shall select from among themselves a Chair and Vice Chair.

C. The Commission may not continue with any meeting unless a quorum is present. F our Members shall constitute a quorum.

D. All actions of the Commission require a majority vote of Member s present.

E. The Commission shall consider all personnel and otherwise confidential matters in closed session to the extent permitted by law.

F. In the event a Member is absent at a Commission Meeting for any reason, an Alternate Member shall be entitled to vote in the Member’s absence. If more than one Member is absent from a Commission Meeting, both Alternate Members shall participate in voting at the meeting and each shall have one vote. If only one Member is absent, the Secretary shall draw lots to determine which Alternate Member will participate in voting.

G. Upon initial appointment of all Members after adoption of this ordinance, Members shall meet at least twice per month for the training prescribed herein until such training is complete. Thereafter, trainings shall be held as needed to update previous training or to train new Members. These initial training meetings may be either regular or special meetings.

Commission bylaws shall be submitted to the City Council for adoption or amendment before implementation thereof by the Commission.

18.03.120 – General rules and regulations.

Chapter 18.04 Independent Police Auditor

Page 21 of 23 ends

18.04.020 IPA Qualifications
The IPA shall have the following minimum experience and/or training :

Prior to appointment, the IPA shall submit to a criminal background check as a condition of appointment. The IPA may not be:

1. an individual currently employed by the City or any immediate family member of such a person as defined in section 18.03.020B(3);

2. an individual who is a Consultant, for other purposes than the IPA , retained by the City within the preceding 12 months;

3. A current or former sworn officer with the Vallejo Police Departmen t or any immediate family member of such a person as defined in section 18.03.020B(3);

4. an individual currently employed as a Peace Officer by any other local, state or federal law enforcement agency or who has ever been employed as such r any immediate family member of such a person as defined in section 18.03.020B(3);

5. an attorney or law firm who is representing or has represented a party in any proceedings or matters adverse to the City,

6. an individual who is or was a party to any proceedings or matters adverse to the City or is an immediate family member to any such person within the last five (5) years.

7. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commission or equivalent body involving disciplinary matters;

Page 22 of 23 ends

18.04.030 Duties of the IPA
The IPA shall have the following minimum duties:

A. The IPA shall receive timely notification of Serious Incidents to enable them to report to the scene of Serious Incidents for the purpose of first -hand observation. The IPA and the Chief of Police shall develop ne cessary protocols for notifying the IPA about the Serious Incident and granting scene access.

F. The IPA shall stay up to date concerning Vallejo Police Department policies and training and shall advise the Commission, the City Manage r and the Chief of Police in writing when, in the opinion of the IPA, a change or modification of policy or training is needed. The IPA shall set forth in writing the policy or training that the IPA recommends be added, changed or modified and shall provide an analysis of the reasons they believe the change, modification or addition of policy or training is desirable. If a policy or training does not require a change or modification, the IPA shall so state.

G. The IPA shall assist the Commission in the preparation of its annual report required in section 18.03.050R.

H. The IPA may also prepare reports on the IPA’s other activities for review by the Commission.

I. H. The IPA shall have subpoena authority for records and other relevant material concerning any matter before them. No subpoena shall be issued, however, unless 30- days have elapsed since any such records were requested by the IPA and they have not been provided. Any such subpoena may be enforced in the Solano County Superior Court and the City Attorney or their designee shall take the necessary steps to enforce such a subpoena.

Page 23 of 23 ends

SECTION TWO
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed the Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact than any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION THREE
This Ordinance shall be effective 30 days after passage and adoption but shall not be implemented until completion of any meet and confer process with any affected bargaining unit including, but not limited to the Vallejo Police Officers Association. It is not the intent of this provision to limit the bargaining power of any bargaining unit including the ability to propose amendments to this ordinance.

First read at a regular meeting of the City Council of the City of Vallejo on December 12, 2022 and finally passed and adopted at a regular meeting thereof held on December 20, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

______________________________________

ROBERT MCCONNELL, MAYOR

ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK

Vallejo City CouncilDecember 15, 2022

Vallejo City Council
December 15, 2022