POLICE OVERSIGHT AND ACCOUNTABILITY ORDINANCE WORKSHOPVeronica A.F . Nebb City AttorneyRandy J. RisnerChief Assistant City AttorneyMike MaloneCity Manager Title 18 Police Oversight and AccountabiltyCouncil and Common Ground Revisions 2 Questions?3
18.02.010D –Definition of Serious IncidentuD.A Serious Incident shall be defined as any incident involving sworn members of the Vallejo Police Department and concerning:u1. an incident involving the discharge of a firearm at a person by a sworn officer(s);u2. 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;u3.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;u4.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;u5.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);u6.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. 4
18.02.010E2 –Release of recordings to independent investigatoru2. 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 five days from the date on which the recordings were made; 5 18.03.020 –Time limit on parties and family membersu6.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); 6 18.03.020 –Removal of disqualifying crimesu8.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. 7 18.03.020M Live Scan PrivacyuM. 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. 8 18.03.030D –Council LiaisonuD. 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. 9 18.03.040 –Addition to training9.regarding procedural justice:10.regarding trauma informed care. 10 18.03.040E Videos for publicuE. 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. 11 18.03.050G –AnonymounscomplaintsuTo 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 18.02.010D 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; 12 18.03.050J –Anonymous complaintsuRecognizing 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; 13 18.03.050X –Power to lobbyuX.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; 14 18.03.050AA,AB,AC –discloseablerecords, study sessions, resolutionsuAA.To the extent permitted by California state law, the Commission shall, upon request, release to the public all discloseablepublic records within the possession of the Commission;uAB.The Commission may hold public study sessions concerning any matter within its subject matter jurisdiction;uAC.All recommendations by the Commission shall be by written resolution adopted by a majority of its voting members. 15 CONTACTS
Veronica A.F. NebbCity [email protected] J. RisnerChief Assistant City [email protected] MaloneCity [email protected] 16