Power, Duties and Authority of
the Community Police
Oversight and Accountability
Commission
INTRODUCTION
This presentation will focus primarily on the
powers and duties of the Police Oversight
and Accountability Commission rather than
the whole of Vallejo Municipal Code Title 18.
We will provide a brief overview of the duties
of both the Independent Investigator and
the Independent Police Auditor and then
move into a detailed presentation about the
Commission’s powers and duties.
THREE PRONGS
OF OVERSIGHT
The Police Oversight and Accountability
ordinance provides for three levels of
independent oversight. First, all
investigations concerning Serious Incidents
and Bias Incidents must be conducted by
an independent, external investigator.
Second, the ordinance establishes a seven-
member commission with specifically
enumerated duties and powers. Third, the
ordinance provides for an Independent
Police Auditor.
INDEPENDENT
INVESTIGATOR
(VMC section 18.02.010-
18.02.020)
• Must investigate all Serious Incidents
• Must investigates all Bias Incidents
• May investigate other matters as requested
by the Commission or the Chief of Police
• If Chief of Police declines to investigate a
matter, Commission may appeal to the City
Manager
• Prepares an investigative report setting forth
findings of fact and a determination as to
whether a policy violation occurred.
• Must submit report to the Commission, the
Chief of Police, the City Manager, the City
Attorney the Human Resources Director and
the Independent Police Auditor
• Has subpoena power
INDEPENDENT
POLICE AUDITOR
(VMC section 18.04.030)
• Reports to the scene of all Serious Incidents for
first-hand observation
• May be present during interviews of witnesses
and subjects for all Serious Incidents
• May be present during interviews of witnesses
and subjects for all other incidents assigned to an
Independent Investigator or Internal Affairs
• Reviews all final investigatory reports whether
prepared by an Independent Investigator or
Internal Affairs
• May provide opinions concerning the findings of
any investigation to the Commission, the City
Manager, the City Council and the Chief of Police
• Makes policy recommendations to the Chief of
Police, the City Manager and the Commission
• Assists the Commission in the preparation of its
annual report
• Prepares reports on other IPA activities
• Has subpoena power
POWER AND
AUTHORITY OF
THE COMMISSION
(VALLEJO MUNICIPAL CODE
CHAPTER 18)
“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 take
pride in local law enforcement and those
who enforce the laws will take pride in their
service to the public” (VMC §18.01.020).
Appointment and
Composition of the
Commission
Composition and appointment
Seven-member commission.
Two alternates – at large and youth.
Six members appointed by Council
District, one member at large by mayor.
Council members may appoint persons
outside their districts if there are no
qualified candidates living in their
district or an appointment is needed to
fulfill the City’s diversity obligations.
Appointment and
Composition of the
Commission
(continued)
Commissioner qualifications
Qualified elector of the City.
Not a City employee or an immediate family member
who is an employee.
Not peace officer or former peace officer.
No immediate family members who are peace officers or former peace officers (child, spouse, parent, sibling). Not an attorney that is adverse to the City.
Not a party to legal proceedings against the City.
Not an attorney who has represented peace officers at arbitration or before the Civil Service Commission.
Not convicted of any crime requiring registration as a sex offender.
Not convicted of any crime involving the abuse of a child. Not convicted of any felony involving physical harm to a peace officer.
Appointment and
Composition of the
Commission
(continued)
Diversity requirement
Race and/or color.
Religion.
Sex/gender.
Gender identity.
Sexual orientation.
Marital status.
Medical condition.
Verteran/military.
National origin.
Ancestry.
Disability.
Genetic information.
Age.
Appointment and
Composition of the
Commission
(continued)
Commission terms
Commission members are volunteers and serve
without pay.
All Commission members must be affirmed by a
majority vote of the City Council.
Members may hold office for a maximum of eight
years but can be reappointed after a two-year
break in service.
Alternate members are limited to one four-year
term as an alternate but may be reappointed as a
regular member and serve two full terms as a
regular member.
All members may serve until their replacements
are appointed regardless of time.
Appointment and
Composition of the
Commission
(continued)
Commissioner removal
Commission members may be removed for any
reason or no reason with the affirmative vote of
five Council Members.
Commission members must be removed if
convicted of any disqualifying crime.
Commission members must be removed if they
disclose confidential information.
Commission vacancies are filled by the City
Council.
All Commission members must pass a
background check before serving.
Commission Staff
Commission Secretary
The City Manager appoints a staff member to
serve as Commission Secretary after receiving
input from the Commission.
Commission Secretary prepares Commission
agendas, staff reports and supporting materials.
Commission Secretary consults with Commission
chair and vice chair and the Commission attorney
concerning agendas.
Commission Secretary may not be employed by
VPD.
Commission Secretary keeps minutes of
Commission meetings.
Commission Secretary serves as the custodian of
records for all Commission records.
Commission Secretary provides administrative
support only and cannot attempt to influence
matters of policy.
Commission Staff
Commission Attorney
The Commission Attorney provides legal advice
on all matters concerning the Commission.
The City Attorney appoints the Commission
Attorney after seeking the advice and input of the
Commission.
The Commission Attorney may be either a City
employee or a contracted attorney or both.
The Commission Attorney reviews all Commission
agendas to ensure Brown Act compliance and
compliance with other applicable laws.
The Commission Attorney ensures the subject
matter before the Commission doesn’t exceed the
Commission’s authority.
The Commission Attorney attends all Commission
meetings, including closed sessions and provides
legal advice.
In the absence of the Commission Attorney, the
City Attorney may appoint a temporary substitute.
The Commission Attorney may not have any direct
involvement with any litigation involving VPD.
Commission Staff
Commission Attorney
(continued)
The Commission Attorney must have the following
qualifications:
At least five years of municipal law experience.
A juris doctor from an accredited law school.
Experience in police personnel and disciplinary
matters.
Experience in human resources.
Experience in police oversight.
Commission Staff
Commission Attorney
(continued)
The Commission Attorney is disqualified if any of the
following are true:
Currently or previously employed as a peace
officer or has an immediate family member who is
a peace officer.
Current or former employee of the VPD or an
immediate family member who is a current or
former employee of VPD.
Currently or formerly represented a client in any
legal proceedings or matters adverse to the City.
Is a party to any proceedings that are adverse to
the City within the past five years or has an
immediate family member who was such a party.
Is an attorney or law firm who represents or has
represented peace officers at arbitration hearings
or before a Civil Service Commission or
equivalent body.
Commission Staff
Police Liaison
The Police Liaison is responsible for answering
questions from Commissioners, providing
information to Commissioners and ensuring that
Commissioners have access to VPD records and
information needed to perform the Commission’s
duties.
The Chief of Police assigns the Police Liaison.
The Police Liaison attends all meetings except
that the Commissioners may exclude the Police
Liaison from closed session meetings at their
discretion.
Commission Staff
City Council Liaison
The City Council appoints one of its members to
serve as a City Council Liaison to the
Commission.
The City Council Liaison facilitates
communication between staff and the
commission.
The City Council Liaison serves as a resource to
all Commissioners.
The City Council Liaison may, but is not required
to, attend Commission meetings and provide
reports to the Commission.
The City Council Liaison is not a voting member of
the Commission and does not participate in
debate or deliberations.
The City Council Liaison does not make requests
of the Commission and will not make
commitments or representations on behalf of the
City Council that have not been authorized by the
City Council.
Commission Training
The following is the required training Commissioners must receive:
City Charter and municipal code as applicable to VPD
and its members.
The California Political Reform Act.
The Vallejo Conflict of Interest Code.
The California Brown Act.
The California Public Records Act.
Constitutional due process.
Administrative hearings as they relate to police officers. Confidentiality of peace officer personnel records and other confidential documents and information.
Constitutional rights of the public.
Myers Milias Brown Act, and administration thereof by the Public Employment Relations Board.
The MOUs with VPOA, CAMP and IBEW.
Relevant city personnel policies and regulations.
The Public Safety Officers Procedural Bill of Rights. Other laws pertaining to peace officer rights.
Anti-discrimination, harassment, bias, diversity,
inclusion and racial equality.
Procedural justice.
Trauma informed care.
Additional Commission
Training
(
continued)
The following additional training must be completed
by Commissioners at some point during their tenure:
Peace Officers Standards and Training (POST) or
equivalent training related to search and seizure
and arrest.
Crisis intervention training with a review of VPD’s
training related to the same.
Participation in at least one VPD “ride along. ”
Attend a police training program designed by the
Chief of Police in consultation with the
Commission.
Attend the annual conference of the National
Association for Civilian Oversight of Law
Enforcement.
Commission Meetings
and Governance
Meetings and agenda
The Commission holds regular, monthly meetings on a
date and time determined by the City Manager.
They Commission may hold an unlimited number of
special meetings.
The Commission may modify its meeting schedule by
adopting bylaws which must be approved by the City
Council.
Provided there is no business for the Commission, the Commission Secretary may cancel a regular meeting by
giving 72-hours notice of the cancellation.
The Commission Secretary may cancel any meeting in
the event of a declared emergency by the city, state or federal government.
If there is a need to cancel a meeting for any other
reason, the Commission Secretary may only do so after
obtaining the written consent to cancel the meeting from the chair and vice chair.
The Commission may change the cancellation policy by
adopting bylaws that are approved by the City Council.
Commission Meetings
and Governance
Chair, vice chair, quorum,
alternate members
A majority of the Commission selects the chair
and vice chair from among its members who shall
serve for a term of one year or until their
successors are chosen.
The chair and vice chair may serve no more than
two consecutive terms.
All Commission meetings require a quorum which
is four members.
All actions of the Commission require a majority
vote of present Commissioners.
The Commission may only consider personnel
and confidential matters in closed session.
An alternate member may vote on any matter
when a regular member is absent. The
Commission Secretary shall draw lots to
determine which alternate member votes. If more
than one regular member is absent both
alternates may vote.
Commission Meetings
and Governance
Bylaws
The Commission may, but is not
required to prepare and present draft
bylaws governing its operations to the
City Council for approval.
Bylaws may not expand or modify the
Commission’s subject matter
jurisdiction.
Bylaws cannot be implemented until
they are approved by the City Council.
Commission Powers,
Duties and Functions
Investigation review
The Commission reviews all independent investigative reports concerning any Serious Incident as well as all supporting evidence and provide a recommendation (opinion) about the finding therein to the Chief of Police and the City Manager. The Commission reviews all internal affairs investigative reports concerning any serious incident as well as all supporting evidence and provides a recommendation (opinion) about the findings to the Chief of Police and the City Manager.
The Commission is required to specifically either agree or disagree with the factual findings and proposed policy violations set forth in any investigative report for a serious incident and state the Commission’s reasons for any disagreement.
After reviewing an independent investigation or internal affairs investigation, the Commission may recommend further
investigation.
The Commission must submit all recommendations (opinions) concerning investigative reports to the Chief of Police and the City Manager within 60 days from the date said reports are provided to the Commission. Failure to do so means the Commission has declined review.
The Commission has the authority to review all independent investigations and internal affairs investigations concerning a Bias Incident and to provide an recommendation (opinion) concerning the findings and any policy violations to the Chief of Police and the City Manager. The Commission may recommend additional
investigation of any such incident or changes in policy and training.
Commission Powers,
Duties and Functions
(continued)
Serious Incident definition
Any incident involving the discharge of a firearm by a sworn officer. Any incident in which the use of force by a sworn officer results in death or great bodily injury. Great bodily injury includes, but is not necessarily limited to, any physical injury requiring medical treatment or treatment in a hospital. Hospitalization does not include routine medical clearance.
Any incident involving the in-custody death of any person which is preceded by the use of force against that person by a VPD officer whether or not that force ultimately caused the person’s death Any incident involving the death of a 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
Any incident involving an allegation of sexual assault by a sworn officer against any other person.
Any incident involving an allegation of dishonesty of a sworn officer relating to reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another sworn officer 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.
Commission Powers,
Duties and Functions
(continued)
Bias Incident definition
A Bias Incident is any incident involving a
Vallejo Police Officer concerning bias,
discrimination or threats of intimidation or
coercion by a police officer related 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.
Commission Powers,
Duties and Functions
(continued)
Community relations, webpage,
complaints
The Commission may request the advice and assistance of the Independent Police Auditor on any matter within the subject matter jurisdiction of the Commission.
The Commission has the authority to advise the Mayor, the City Council, the City Manager and the Chief of Police on all police community relations issues.
The Commission has the authority to conduct public outreach and educate the community on the purpose of the Commission. The Commission may create and maintain, with assistance from the City’s IT department, a Commission webpage.
The Commission may receive written complaints from the public alleging misconduct by a police officer.
The Commission may review all complaints received by VPD. The Commission may request that any complaint be investigated by an independent investigator whether or not said complaint was received by the Commission or by VPD. Any such request related to a Serious Incident or a Bias Incident shall be granted. The Commission may also request that complaints that are not Serious Incidents or Bias Incidents be investigated by an independent investigator. If the Chief of Police declines to investigate such incidents, the Commission may appeal to the City Manager who makes the final decision.
The Commission may make complaint forms available on its website and at other public locations as an alternative to filing complaints with VPD.
The Commission may make recommendations concerning the complaint process to the City Manager and the Chief of Police. The Commission may review and give a recommendation (opinion) on any investigation it has requested and provide such
recommendation (opinion) to the Chief of Police and the City Manager.
Commission Powers,
Duties and Functions
(continued)
Discipline recommendations
(opinions)
The Commission may give a recommendation
(opinion) to the Chief of Police and the City Manager
concerning whether discipline should be imposed on
any sworn officer relating to any violation of city policy found to exist in any investigatory report of a Serious Incident or Bias Incident or other incidents referred to the independent investigator.
The Commission may review and provide a
recommendation (opinion) 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 of Police must consider any
recommendation (opinion) provided by the
Commission concerning any discipline imposed for a
Serious Incident or Bias Incident before imposing
such discipline.
If the Chief of Police decides to not follow the
Commission’s recommendation (opinion)
concerning any discipline, the Chief of Police
must provide justification for such decision
before the Commission in closed session.
Commission Powers,
Duties and Functions
(continued)
recommendation (opinion) on
policies and Training
The Commission may review and provide an recommendation (opinion) on any new policies or revisions to existing policies within 45 days of submission to the Commission. If the Commission does not provide an recommendation (opinion) within 45-days of receipt, the Chief of Police may implement the new or revised policy without further consulting the Commission.
The Commission may propose new policies or revisions to existing policies in their discretion.
The Commission may review and comment upon any Special Order that has been in existence for more than six months. The Commission may request reports from the Chief of Police concerning any existing police training.
The Commission may review, advise and provide
recommendations to the Chief of Police on any new or revised police training. The Chief of Police must provide a report to the Commission concerning the implementation or non-
implementation of any such Commission recommendation.
The Commission may review and comment upon the VPD’s
policy and/or practice of publishing data sets and reports regarding various VPD activities. The Commission may make recommendations concerning the same and request that the Chief of Police consider such recommendations and provide a written response to the Commission.
Commission Powers,
Duties and Functions
(continued)
Annual report, confidential
reports
The Commission must submit an annual report to
the Mayor, the City Council, the City Manager and
the Chief of Police on Commission activities. The
report must be submitted for the previous year on
or before April 15 of each calendar year. The
report is available to the public.
The Commission may enlist the assistance
of the Independent Police Auditor for help
with its annual report.
The Commission may produce a confidential
report addressing confidential matters and
present the same to the Chief of Police.
The City Council shall review any reports
submitted to them for review either in closed
session or open session as required by law.
Commission Powers,
Duties and Functions
(continued)
Legislation, public input, referral to DA/AG,
electronic communications
The Commission may make recommendations to the
City Council for the enactment of legislation or
regulations that will further the goals of the Commission. The Commission may review and advise upon any of the
City Council’s proposed legislation or regulations related to the subject matter jurisdiction of the Commission.
The City Attorney must submit any such proposed
legislation to the Commission for review. The
Commission shall have 60 days after submission to
make its recommendation.
The Commission may solicit and consider input from the public concerning the public’s interactions with the VPD. The Commission may refer any matter within its subject matter jurisdiction to the Solano County District Attorney, the California Attorney General or any other state or
federal agency responsible for investigating and/or
prosecuting wrongdoing by sworn police officers.
Commissioners shall retain all electronic
communications concerning any City business to or from
any Commissioner and on any device whether city-
owned or personally owned, and regardless of whether
the communication is within the subject matter
jurisdiction of the Commission and shall provide such
communications to the City upon request.
Commission Powers,
Duties and Functions
(continued)
Lobbying, subpoena power, budget, study
sessions, appeal to City Manager
The Commission shall have the authority to lobby the State legislature, the Governor, State departments, Congress and other Federal offices concerning any matter within their subject matter jurisdiction provided they make clear in any such communication that their lobbying efforts are on their own behalf unless they have obtained prior consent from the City Council.
The Commission shall have the power to issue subpoenas for records and other relevant material concerning any matter before them. The City Attorney is obligated to enforce any such valid subpoena.
The Commission shall have the authority to review the proposed budget for the Commission before said budget is submitted to the City Council for approval.
The Commission may submit a recommendation concerning the Commission budget to the Finance Director and the City Council provided such recommendation is made within 45
days of submission to the Commission.
The Commission may hold public study sessions concerning any matter within its subject matter jurisdiction.
The Commission has the authority to issue written
recommendations (opinions) that must be adopted by a
majority of its members.
Such recommendations (opinions) shall remain confidential to the extent required by law.
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 on any employee for willful or unlawful failure to cooperate.
Obligations of the Chief
of Police Related to the
Commission
Chief’s cooperation, recommendations (opinions)
concerning discipline, submission of investigatory
reports, appeal to City Manager
The Chief of Police must cooperate fully with the Commission. The Chief of Police must provide all records requested by the Commission that are relevant to any matter currently before them. The Chief of Police, or their designee, must appear before the Commission at the Commission’s request to give reports and answer questions on topics within the subject matter jurisdiction of the Commission.
The Chief of Police must consider the Commission’s
recommendation (opinion) concerning any discipline related to a Serious Incident or Bias Incident.
If the Chief of Police does not follow the Commission’s recommendation (opinion) on any such discipline, the Chief of Police shall provide a justification to the Commission in closed session.
The Chief of Police must submit all investigatory reports concerning Serious Incidents or Bias Incidents to the Commission for review and recommendation (opinion).
The Chief of Police may submit investigatory reports to the Commission not related to Serious Incidents or Bias Incidents for review and recommendation (opinion).
If the Chief of Police fails to follow any recommendation (opinion) 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.
The City Manager, may, in their discretion, direct the Chief of Police to follow the Commission recommendation (opinion).
Obligations of the Chief
of Police Related to the
Commission
(continued)
Chief’s annual reports and
quarterly report
s
No later than January 30 of each year, the Chief of Police must submit an annual report to the Commission
concerning investigations and complaints, Serious
Incidents, Bias Incidents, policy review and training.
The Chief of Police must provide a confidential, quarterly report to the Commission and to the City Manager
concerning all disciplinary matters.
The Commission must review the quarterly reports
submitted by the Chief of Police and discuss them in
open or closed session as legally applicable. The
Commission may issue recommendations (opinions)
concerning any of the matters set forth in the quarterly reports.
The Chief of Police must prepare a quarterly report
concerning the outcome of all citizen complaints and
present it to the Commission and the City Manager.
The Commission must review all quarterly reports about citizen complaints and may provide recommendations
(opinions) to the Chief of Police and to the City Manager concerning such reports.
Access to Confidential
Information
Personnel records, investigative
reports, confidential documents,
penalties for disclosure
Personnel records, investigative reports, confidential documents generated within the VPD or within the City, information related to closed session deliberations and any other privileged matters must be kept confidential by the Commission.
Any Commissioner who willfully discloses confidential information or who failed to take affirmative steps to prevent such disclosure must be removed from office by the City Council.
A Commissioner may be subject to a $2,500 administrative fine for disclosing confidential information.
Except for information prohibited from disclosure by law, the Commission shall have access to all VPD files and records and to all files and records of other City departments within the subject mater jurisdiction of the Commission and relevant to the performance of its duties.
The Commission does not have access to information that is protected by the Attorney Client privilege or the Attorney Work Product privilege unless authorized by the City Attorney and the City Council.
In connection with the review of investigatory reports and discipline matters, the Commission may have limited electronic access to police personnel records.
Access to Confidential
Information
(continued)
Limited electronic access,
prohibition on copying
The Commission does not have access to the
entirety of any individual personnel files of sworn
employees.
Confidential documents, files and records may
only be accessed by Commissioners in electronic
format on a secure server that is password
protected.
Commissioners are prohibited from printing,
photographing or otherwise copying any
confidential documents, files or records.
Commissioners are required to maintain the
confidentiality of all personnel records,
investigatory reports and confidential documents.
Questions?
Veronica A.F . Nebb
City Attorney
[email protected]
Randy J. Risner
Chief Assistant City Attorney
[email protected]
2024 AMENDED POLICE
OVERSIGHT ORDINANCE
Veronica A.F. Nebb,
City Attorney
Randy J. Risner
Chief Assistant City Attorney
Introduction
This presentation will provide an overview of the process related to the Public Employee Relations Board complaint issued by PERB on behalf of the Vallejo Police Officers Association as well as the mediation process and the ultimate tentative agreement reached with the union. We’ll also review the proposed changes in the ordinance itself derived from the mediation process. The entire ordinance is included I this presentation. We’ll skip pages that do not have any changes unless the City Council has questions. While we can discuss staff’s viewpoint as it relates to the proposed changes, California State law prevents us from revealing the discussions that occurred during the settlement negotiations.
We’ll provide an overview of events that happened over the course of the PERB negotiations, a summary of the proposed amendments to the ordinance and a review of those amendments. While we know it has been a slow and frustrating process, it is a process that is dictated by state law that the City is bound to follow.
How Did We Get Here?
• Began meeting with VPOA about the proposed Police Oversight and Accountability Ordinance in November and December 2022 • City Council wanted to move ordinance forward before completion of meet and confer. In order to do this, Section 3 was added to the ordinance requiring that the City continue to meet and confer with VPOA as well as requiring that the City Council consider any amendments they proposed. • City Council adopted the Police Oversight and Accountability Ordinance in December 2022. • City staff continued to meet and confer with VPOA until VPOA filed a Public Employee Relations Board charge in January 2023 which temporarily halted meet and confer and prevented implementation of the ordinance. • In July 2023, the City released a request for proposal for the Independent Police Auditor position created by the Police Oversight and Accountability Ordinance.
• PERB responds to the VPOA charge by filing a complaint against the City in July 2023. • In August 2023, the City responds to the PERB complaint by filing an answer. • The City receives one response to the RFP for Independent Police Auditor. No decision is made because of the pending PERB action. • In September 2023 the City, the City’s outside legal counsel, and VPOA attend an Informal Settlement Conference with a PERB mediator. Through mediation, the parties agree to engage in settlement discussions in an attempt to reach a compromise.
How Did We Get Here? (continued)
• From September 2023 to August 2024, the City, special counsel and VPOA meet on 12 occasions as well as three additional meetings with the PERB mediator. The parties ultimately reach a tentative settlement subject to approval by the City Council. • In September 2024, Staff meets with the City Council in closed session regarding potential settlement and receives direction. • In November 2024, the tentative settlement agreement is presented to the City Council at a regular meeting. The Council decides to postpone a decision until a new Council is seated in January 2025.
• City staff hold the first training for the Police Oversight and Accountability Commission in November 2024 with additional training in December 2024. • In January 2025, City staff met with Common ground on two occasions to discuss the proposed amendments to the ordinance. • In February 2025, City staff met with the ACLU to discuss the proposed amendments to the ordinance. • Staff met with members of the NAACP in February 2025 to discuss the proposed amendments to the ordinance. • In March 2025, City staff met with the members of the Police Oversight and Accountability Commission to discuss the proposed amendments to the ordinance.
Summary of Proposed Amendments to the
Police Oversight and Accountability Ordinance
• Changes the word “recommendation” to the word “opinion” throughout the section of the ordinance related to the Commission.
• In section 18.02.010E.1. makes audio recording mandatory and video recording option if all participants agree
• In section 18.03.050H. Increases from 2 days to 10 days the amount of time the Chief of Police has to forward complaints to the Commission. Also adds language to ensure that complaints involving bias or serious incidents are forwarded and allows the Chief, in their discretion, to also forward any written determination by the department that a complaint is unfounded • Adds section 18.03.050I which requires that all other City departments that receive complaints about the police department forward those complaints to the Commission Secretary • In section 18.03.100 allows the City Manager to initially determine the date for regular meetings of the Commission.
Opinion v. Recommendation
Webster’s Dictionary
defines “opinion” as 1. a
belief not based on
absolute certainty or
positive knowledge but
on what seems true,
valid, or probable to
one’s own mind:
judgment 2. an
evaluation, impression,
or estimation of quality
or worth of person or
thing. 3. the formal
judgment of an expert on
a matter in which advice
is sought. 4. Law the
formal statement by a
judge, court referee etc.
of the law bearing on the
case.
Opinion v. Recommendation
Webster’s Dictionary
defines “recommend” as
1. to give in charge;
commit; entrust
[recommended to our
care] 2. to suggest
favorably as suited for
some use, function,
position, etc. [to
recommend a book, a
doctor, etc.] 3. to make
acceptable or pleasing
[much on the island to
recommend it] 4. to
advise; counsel; suggest
[to recommend that
something be done].
Opinion v. Recommendation
Black’s Law Dictionary
definition of opinion is “A
court’s written statement
explaining its decision in a
given case, usu. Including
the statement of facts,
points of law, rationale,
and dicta.”
There is no definition of
“recommendation” in
Black’s Law Dictionary.
Opinion v. Recommendation
United States Supreme
Court decisions are
called “Opinions.”
Opinion v. Recommendation
California Supreme Court
decisions are called
“Opinions.”
Opinion v. Recommendation
The California Attorney
General issues Opinions.
Opinion v. Recommendation
What happens if Chief of Police declines to follow an Opinion of the Commission?
• Chief of Police must consider opinion of Commission in disciplinary matters involving Serious Incidents and Bias. (18.03.050O) • Chief of Police or designee must appear before Commission if requested by the Commission to give reports and answer questions (18.030.060A).
• Chief of Police cannot impose discipline on an officer concerning a Serious Incident or Bias Incident until the Commission provides its opinion (18.03.060B).
• The Chief of Police must report their final determination to the Commission on any discipline related to a Serious Incident or Bias Incident (18.03.060C).
• If the Chief of Police declines to follow an opinion of the Commission concerning a Serious Incident or Bias Incident, the Chief must provide a justification to the Commission in closed session (18.03.060C). • The Commission may report to the City Manager any failure of the Chief of Police or any other City employee, to cooperate fully with the Commission. The City Manager may impose discipline for any willful or unlawful failure to cooperate (18.030.060D). • If the Chief of Police declines to follow an opinion of the Commission, the Chief of Police must provide a written justification to the City Manager and to the City Council. After reviewing the Chief of Police’s written justification, the City Manager may override the Chief of Police and direct them to follow the Commission’s opinion (18.03.060G).
Other Amendments
• Police Oversight and Accountability ordinance is dynamic and can be amended by the City Council at any time. • Police Oversight and Accountability Commission may recommend amendments to the ordinance to the City Council at any time (18.03.050T).
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF V ALLEJO AMENDING TITLE 18 OF THE
V ALLEJO MUNICIPAL CODE ENTITLED POLICE OVERSIGHT AND ACCOUNTABILITY [Deleted text is shown in strikethrough and
added text is shown in bold italic]
WHEREAS, on December 20, 2022, the City Council adopted Ordinance No. 1878 N.C. (2d) entitled Title 18 Police Oversight and Accountability (the “Ordinance”); and
WHEREAS, Section Three of the Ordinance required that the Ordinance not be implemented until completion of the meet and confer process with the Vallejo Police Officers Association (“VPOA”); and WHEREAS, VPOA filed an action with the Public Employees Relations Board on July 26, 2023 (“PERB 2038”); and WHEREAS, since the filing of PERB 2038, City staff has met multiple times with VPOA; and WHEREAS, the Ordinance specifically recognizes the right of VPOA to propose amendments to the Ordinance; and WHEREAS, as part of the meet and confer process and as part of a proposed settlement of PERB 2038, VPOA and the City tentatively agreed to amendments to the Ordinance.
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 amended 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.”
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 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 18.02.010D, 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 (5) 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; and
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); and
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);
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);
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.
1. All interviews of any subject or witness conducted by either the Independent Investigator or Internal Affairs shall be
video and audio recorded. Interviews may also be video recorded provided that the investigator, and the subject or the witness, as applicable, agree to such video recording. All such audio and video 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 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 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.
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.
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 ninety (90) days prior to the running of the time limitation set forth in Government Code section 3304(d).
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 and Accountability Commission (the “Commission”). The 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 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.
However, if in the opinion of the appointing Council Member, there are no qualified candidates or in order to fulfill the City’s obligation for diversity set forth in section 18.03.020C, the Council Member may select a candidate outside of their District. The Mayor shall appoint one (1) 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 (1) youth member between the ages of 18 -25 and one (1) 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);
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 18.03.020B(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. Isis 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; or
8. has ever been convicted of any of the following crimes:
a. Any crime requiring registration as a sex offender pursuant to any state or federal law; b. Any crime involving the abuse of a child;
c. 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.
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 (8) consecutive years. Former Members may be reappointed after a break in service of at least two (2) 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 (8) 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(7).
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 failed 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 pursuant to Chapter 2.26 of this code.
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
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 Attorney”) 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 qualifications:
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;
3. Experience in police personnel and disciplinary matters and the related California law;
4. Experience in human resources; and
5. 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);
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); or
5. Isis 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 Department 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.
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 process 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; and
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;
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 in 18.03.040B(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.
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 Commission are as follows:
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 may provide an recommendation opinion concerning the findings thereof, to the Chief of Police and the City Manager. While the Commission shall not be limited in its recommendation opinion, it mayshall 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 opinions 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 recommendations
opinion 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 18.03.060E (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, ancestr y, 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 may provide an recommendations opinion 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 opinions
shall be submitted by the Commission to the IPA and the Chief of Police within sixty (60) days of the submission of the Investigative Report to the Commission. In no event shall the recommendation recommendation or opinion be submitted to the Chief of Police less than thirty (30) days prior to the running of the time limitation set forth In 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 two (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 Section 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 shall, within ten (10) business days, forward or cause to be forwarded to the Commission, 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 by the Police Department concerning misconduct by Sworn Officers of the Police Department. This shall include all complaints concerning Bias or any Serious Incident as defined in this ordinance even though those complaints may have been deemed to be unfounded by the Police Department. The Police Department, in the discretion of the Chief of Police, may forward any written determination by the department that a complaint is unfounded. For the purpose of forwarding complaints to the Commission, the Chief of Police or other receiving Department may forward them to the Commission Secretary;
I. Any other City Department that receives public complaints shall immediately forward (within ten (10) business days) or cause to be forwarded to the Commission any complaints received from the public concerning misconduct by Sworn Officers of the Police Department. For purposes of forwarding complaints to the Commission, other City Departments may forward complaints to the Commission Secretary. Upon receipt, the Commission Secretary shall, within ten (10) business days, forward said complaints to the Chief of Police; J. 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; K. 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; L. To ensure that the City and the Vallejo Police Department make information about the complaint process and appropriate forms available at other public locations and to provide recommendation opinions to the City and the Vallejo
Police Department about the complaint process;
M. To review and/or give opinions make recommendations concerning the factual findings contained in any investigation of any filed complaint to the Chief of Police and/or City Manager; N. To review and/or give make
a recommendation opinions 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; O. To review and/or provide an recommendation opinion 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 opinion before imposing any discipline within the time frame set forth in Government Code section 3304(d);
P. To review, advise and provide recommendation opinions 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 opinion to the
Chief of Police within forty-five (45) days of the submission of any new or revised policy. If the Chief of Police receives no recommendation opinion 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 an recommendation opinion 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
opinion from the Commission concerning the Special Order; Q. To request a report from the Chief of Police regarding existing police training. To review, advise and provide recommendation opinions 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 opinion by the Commission; R. 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 opinions and provide a written response to the Commission;
S. 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; T. 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;
U. 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; V. Solicit and consider input from the public concerning public interactions with the Vallejo Police Department; W. 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;
X. 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; Y. 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 . howeverHowever, they shall make clear in any such communication that their lobbying efforts are on their own behalf, rather than on behalf of the City, unles s they have sought and received City Council approval in advance; Z. 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; AA. 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 Commission does not submit its recommendation within the 45 -day time period, the City Council may adopt the budget without considering a Commission recommendation; AB. To the extent permitted by California state law, the Commission shall, upon request, release to the public all disclosable public records within the possession of the Commission; AC. The Commission may hold public study sessions concerning any matter within its subject matter jurisdiction; AD. All opinions and recommendationsby the Commission shall be by written resolution adopted by a majority of its voting members. Resolutions or opinions dealing with confidential matters shall remain confidential to the extent required by law.
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 gives its recommendation opinion on the Independent Investigation and the Chief considers the recommendation opinion.
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 opinion 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.
E. The Chief of Police shall 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 opinion for further investigation.
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 opinion.
G. In the event the Chief of Police declines to follow any recommendation opinion 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 opinion.
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, give opinions 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, give opinions 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 o f the Commission and which are relevant to the performance of the Commission’s duties. 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, 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, tThe Commission shall hold regular meetings on the _______________ ofevery month beginning with the first full month after appointment of the Members with the date to be determined by the City Manager . 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 (72) 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 publicly 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. Four (4) Members shall constitute a quorum.
D. All actions of the Commission require a majority vote of Members 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.
18.03.110 Bylaws.
The Commission may recommend the adoption 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 subject 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.
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 notwithstanding 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 it 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 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 twelve (12) months;
3. a current or former sworn officer with the Vallejo Police Department 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 or 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; or
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; or
7. Is 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;
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 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 may provide an recommendation opinion 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 Incident and may provide an recommendation opinion 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 recommendation opinions 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 Manager 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. 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.
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, subsection s, 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
CONTACT(S)
Veronica A.F. Nebb,
City Attorney
Randy J. Risner
Chief Assistant City Attorney