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San Diego Municipal Code
Chapter 2: Government
Chapter 12: Land Development Reviews
(11-2022)
Article 6: Board and Commissions
Division 11: Commission on Police Practices
(“Community Review Board on Police Practices” added 7-20-2018
by O–20961 N.S.; effective 8-19-2018.)
(Retitled from “Community Review Board on Police Practices” to
“Commission on Police Practices” on 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
§26.1101 Establishment and Purpose of the Commission on Police Practices
Effective December 18, 2020, City Charter section 41.2 established the Commission
on Police Practices, which supersedes and replaces the Community Review Board on
Police Practices. The Commission is an investigatory body of the City, independent of
the Mayor, Police Chief, and Police Department.
The Commission’s purpose is: (1) to provide independent community oversight of the
Police Department, directed at increasing community trust in the Police Department
and increasing safety for both members of the community and police officers; (2) to
perform independent investigations of police officer-involved shootings, in-custody
deaths, and other significant incidents involving the Police Department, and
independent evaluations of complaints against the Police Department and its
personnel, in a process that is transparent and accountable to the community; and (3)
to evaluate and review Police Department policies, practices, training, and protocols,
and represent the community in making recommendations for changes. The
Commission has investigatory, review, and auditing powers, including the power to
make factual determinations about matters that are investigated and to make advisory
recommendations regarding the actions of police officers and the procedures, policies,
and practices of the Police Department.
(“Purpose and Intent” added 7-20-2018 by O-20961 N.S.; effective 8-19-2018.)
(Retitled from “Purpose and Intent” to “Establishment and Purpose of the
Commission on Police Practices” and amended 10-20-2022 by O-21557 N.S.;
effective 11-19-2022.)
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§26.1102 Definitions
In the interpretation and implementation of City Charter section 41.2 and this Code,
the following definitions apply to the terms set forth in italics:
Audit means to examine a matter in compliance with an established set of standards.
Commission means the Commission on Police Practices.
Complaint means any communication to the Commission, Police Department, or City
that alleges misconduct by a police officer, including, but not limited to, complaints
submitted under California Penal Code section 832.5.
Complainant means a person who files a complaint.
Evaluate means to determine the significance or condition of a matter.
Executive Director means the City employee appointed to serve as the director of the
Office of the Commission on Police Practices, and having the duties set forth in City
Charter section 41.2.
Finding means the determination of the Commission after it has reviewed,
investigated, or audited a matter within its authority. Findings must be based on
provable facts applying California evidentiary rules applicable to administrative
proceedings, based on the preponderance of the evidence standard, which is defined
as more likely than not. Findings must be in accordance with California law,
including California Penal Code sections 832.5 through 832.8, or any successor
California law, binding on the City as a public agency employer of police officers.
The possible findings are as follows:
(a) Sustained means the police officer committed all or part of the alleged acts of
misconduct;
(b) Not Sustained means the investigation produced insufficient information to
clearly prove or disprove the allegations;
(c) Exonerated means the alleged act occurred, but was justified, legal, and
proper, or was within policy;
(d) Unfounded means the alleged act did not occur.
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Investigation means a gathering of actionable information, including from original
sources, regarding a complaint against a police officer or an incident involving a
police officer, which is conducted in compliance with applicable laws. Any
investigation of a police officer must comply with the California Public Safety
Officers Procedural Bill of Rights Act, as set forth in the California Government
Code, and other applicable laws. When conducting an investigation, the Commission
must gather and consider factual information from original sources, including
documents or copies originating from material gathered and generated by the Police
Department, witness interviews obtained by the Commission or its staff, and
documents or copies gathered or prepared by the Commission or its staff.
Investigatory proceeding means any process, formally set forth in the Commission’s
operating procedures and approved by the Council, to investigate, review, or audit a
matter, including interviewing witnesses, receiving and reviewing documents,
engaging a fact-finding panel, and conducting hearings.
Member means a person appointed to serve on the Commission.
Misconduct means conduct that causes risk or harm to the health and safety of the
public, impairs the operation and efficiency of the Police Department, or brings the
Police Department into disrepute. Misconduct may involve a violation of any law,
including a federal or state statute or local ordinance, a regulation, including a City
Administrative Regulation, or a Police Department policy or procedure. Misconduct
may also involve a willful act of moral turpitude or an ethical violation. On-duty or
off-duty conduct may constitute misconduct.
Original sources mean firsthand testimony or direct evidence concerning a matter
under investigation, review, or audit.
Personnel records mean records maintained by the City, including records within the
City’s Personnel Department, Risk Management Department, and Police Department,
specific to each police officer’s employment, including, but not limited to,
performance evaluations, assignments, status changes, imposed discipline, and
personal information.
Police Department means the City’s Police Department, including police officers and
other City employees.
Police officer means a peace officer, as defined by and with the authority set forth in
the California Penal Code, who is employed by the Police Department.
Police misconduct means misconduct alleged in a complaint against a police officer.
Police officer misconduct, as used in City Charter section 41.2, has the same meaning
as police misconduct.
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Receive means to gain knowledge of information from a written or verbal
communication or to take physical possession of a document.
Register means to record in writing and maintain the record.
Review means to inspect, consider, and reexamine a matter and reach a conclusion
regarding the matter. When reviewing a complaint, the Commission must consider
information and documents or copies, originating from material gathered and
generated by the Police Department, witness interviews by the Commission or its
staff, and information and documents or copies, gathered or prepared by the
Commission or its staff.
(“Community Review Board on Police Practices” added 7-20-2018 by O-20961 N.S.;
effective 8-19-2018.)
(Retitled from “Community Review Board on Police Practices” to “Definitions” and
amended 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
§26.1103 Commission Composition and Member Qualifications
(a) The Commission will be composed of members of the Community Review
Board on Police Practices serving on December 18, 2020, until the Council
has formally appointed members to the Commission, in accordance with the
provisions and process set forth in this Code.
(b) The Council will not consider citizenship status in appointing members to the
Commission.
(c) All members must reside in the City at the time of their appointment or
reappointment and throughout their service on the Commission. The Council
cannot waive this requirement.
(d) The Council must appoint members to the Commission, who reflect the
diversity of the City, by including members who represent the City’s diverse
geographic areas and socio-economic, cultural, racial, ethnic, gender, gender
identity, sexual orientation, and age differences, and who have differing
personal backgrounds, education, occupations, and life experiences. The
Council must make appointments to specific designated seats, as follows:
(1) There must be at least one member who resides in each of the nine
Council districts appointed to serve in a designated seat for each
Council district. Any vacancy in these designated seats, created by a
member moving out of the Council district or a change in Council
district boundaries, must be addressed by the Council at the end of the
member’s term.
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(2) There must be two members in the age range of 18 to 24 at the time of
appointment, who are appointed to serve in two designated youth
seats. Once these members reach the age of 25, they are no longer
eligible for reappointment to these designated seats. Any vacancy in
these designated seats must be addressed by the Council at the end of
the member’s term.
(3) The Council must appoint five members who reside in and represent
those City residents living in low- and moderate-income United States
Census tracts. Any vacancy in these designated seats, created by a
member moving out of a low- or moderate-income United States
Census tract, must be addressed by the Council at the end of the
member’s term.
(4) The Council must appoint nine at large members, prioritizing the
appointment of individuals who have had prior contact or interactions
with law enforcement; individuals with experience or expertise in
substance abuse addiction treatment; individuals involved or with
expertise in services for or directed towards the unhoused; individuals
involved or with expertise in immigration or migrant services;
individuals who were or are criminal justice system impacted;
individuals involved or with expertise in mental health, restorative
justice, social work, or law enforcement practices and oversight; and
individuals with experience or expertise in civil rights advocacy.
(e) To ensure the Commission’s independence from the Police Department and
other law enforcement agencies in San Diego County, no current or former
employee of the Police Department or other law enforcement agency working
within the geographic boundaries of the County of San Diego may serve on
the Commission. In addition, no immediate family or household member,
defined as the parent, spouse, domestic partner, sibling, child, or cohabitant,
of a law enforcement officer, who works or worked for a law enforcement
agency within the geographic boundaries of the County of San Diego, may
serve on the Commission. For purposes of this prohibition, law enforcement
agencies include police departments in all cities in the County of San Diego,
as well as local agency, county, state, and federal law enforcement officers
and City, county, state, and federal prosecutors. This prohibition does not
apply to former employees of law enforcement agencies outside of the County
of San Diego, who have been separated from their law enforcement
employment for at least five years.
(f) No City employee, who is on active payroll, may serve on the Commission.
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(g) All prospective or nominated members of the Commission are subject to a
criminal history background review prior to appointment, to be conducted in
cooperation with the City’s Personnel Department. The consideration of an
applicant’s or nominee’s criminal history may only take place during the final
stage of the appointment process. An applicant or nominee shall not be
excluded from participation on the Commission based on their criminal
history background, at time of appointment, except for any of the following
reasons:
(1) they have been convicted of malfeasance in office, and their civil
rights have not been restored;
(2) they have been convicted of a felony and are on parole, post-release
community supervision, felony probation, or mandated supervision for
the conviction of a felony;
(3) they are required to register as a sex offender pursuant to California
Penal Code section 290 based on a felony conviction;
(4) they are incarcerated in any prison or jail;
(5) they have been found in violation, by a state or local judicial or
administrative body, of any of the following: (i) misuse of a public
position for personal interests; (ii) misuse of City records; or (iii)
violation of federal or state laws relating to confidentiality or City
employee privacy; or
(6) they have been convicted of a violent crime against a government
employee or official. For purposes of this subsection, government
employee or official means a person who is employed by the United
States government, the State of California, or any city, county, city and
county, special district, or political subdivision of the State of
California.
(h) No person shall be excluded from eligibility or disqualified to serve on the
Commission for any reason other than those reasons set forth in this section. If
an applicant or nominee is disqualified from appointment for any reason under
this section, the City must provide a written explanation of the reason or
reasons to the disqualified applicant or nominee.
(“Appointment” added 7-20-2018 by O-20961 N.S.; effective 8-19-2018.)
(Retitled from “Appointment” to “Commission Composition and Member
Qualifications” and amended 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
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Chapter 2: Government
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§26.1104 Terms of Commission Members
(a) Members serve two-year terms and until a successor is appointed, except that
12 of the 25 members first appointed will initially serve a one-year term, so
that the terms of no more than 13 members expire in any year. Following the
first Council appointments to the Commission, the City Clerk will administer
a random drawing to determine which of the 25 members will initially serve a
one-year term.
(b) All terms begin upon appointment and end on June 30 of the applicable year.
(c) The City Clerk must maintain a record of the members and their terms and
regularly make this information available to the Council and the public.
(d) The Council President, with the assistance of the Executive Director, will
timely schedule Council consideration of new appointments to ensure that the
Commission positions remain filled.
(e) Members can serve no more than four two-year terms consecutively.
However, members whose terms of service have expired must continue to
serve until their successor is appointed, even if the total time served extends
beyond the maximum permissible length of service. If for any reason a
member serves a partial term in excess of one-half of a full term, that partial
term will be considered a full term for the purpose of the member’s term
limitation of four consecutive terms.
(“Terms” added 7-20-2018 by O-20961 N.S.; effective 8-19-2018.)
(Retitled from “Terms” to “Terms of Commission Members” and amended
10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
§26.1105 Appointment of Commission Members
(a) Members are appointed by the Council in accordance with the approved
Council rules and policies. In making appointments, the Council may consider
written nominations made by the public and community-based organizations,
as long as nominees accept their nomination in writing prior to Council
consideration. The Council may also consider nominations from the
Commission. The Commission may prepare an operating procedure for its
nomination process.
(b) As part of their appointment process, prospective members are subject to a
review of their qualifications to serve, which will be conducted by the Council
President or designee, in accordance with applicable laws. This review
includes an investigation into any record of criminal convictions, as set forth
in Section 26.1103 of this Code.
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(c) The Commission will work with the Chair of the Council’s Public Safety and
Livable Neighborhoods Committee to have an annual special meeting of the
Committee where community stakeholders may advocate and promote
community members as potential nominees to the Commission.
(“Resignation and Removal of Board Members” added 7-20-2018 by O-20961 N.S.;
effective 8-19-2018.)
(Retitled from “Resignation and Removal of Board Members” to “Appointment of
Commission Members” and amended 10-20-2022 by O-21557 N.S.; effective
11-19-2022.)
§26.1106 Removal of Commission Members
(a) A member may resign prior to the expiration of their term with written notice
to the Council President. Upon this notification, the Council President must
consider the position vacant and eligible for the Council to appoint a new
member to serve for the remainder of the vacating member’s term. If a
member resigns from a designated seat, the Council must appoint a new
member who meets the qualifications to serve in that designated seat.
(b) A member must immediately notify the Council President and cease any
further participation on the Commission, pending a vote by the Council to
formally remove and replace the member, if any of the following
circumstances occur during the member’s term: (1) the member is
incarcerated in any jail or prison and unable to serve or (2) the member is
convicted during the member’s term of (i) malfeasance in office and their civil
rights have not been restored; (ii) a felony; (iii) a felony or misdemeanor
where they are required to register as a sex offender pursuant to California
Penal Code section 290; (iv) criminal violation of state or local conflict of
interest laws; or (v) a violent crime against a government employee or
official. For purposes of this subsection, government employee or official
means a person who is employed by the United States government, the State
of California, or any city, county, city and county, special district, or political
subdivision of the State of California. The Council’s consideration of the
removal and replacement of the member must occur within 60 days following
the Council President’s receipt of notice under this subsection.
The member may waive a Council hearing on removal, but the Council must
consider replacement of the member within the 60 days following the
Council President’s notice of the conviction.
(c) The Commission, by a two-thirds vote of its members, may recommend to the
Council, by written notice to the Council President, that a member be removed
for good cause other than a criminal conviction, for the following reasons:
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(1) misuse of their position for personal interests;
(2) misuse of records, including Police Department or Commission
records;
(3) violation of federal or state laws relating to confidentiality or City
employee privacy;
(4) conduct that impedes a member’s ability to serve impartially and
independently;
(5) unexcused absences from at least three consecutive meetings of the
full Commission. Prior notification to the Commission’s chairperson of
a member’s absence from a meeting of the full Commission is
considered an excused absence;
(6) failure to complete case review as assigned by the Executive Director;
(7) violation of the Code of Ethics of the National Association for Civilian
Oversight of Law Enforcement (NACOLE) or the Commission’s
adopted code of ethics; or
(8) any other cause that impacts the Commission’s effective operations,
standing, or independence.
(d) Upon receipt of a written recommendation by the Commission to remove a
member for good cause other than a criminal conviction, as specified in
subsection (c) of this section, the Council President must schedule a public
hearing of the Council to occur within 60 days following receipt of the
recommendation.
(e) If a member voluntarily resigns before a required public hearing of the
Council on removal, the member waives their right to the hearing on removal.
The Council President may suspend a member’s participation on the
Commission by written notice to the member, pending a Council hearing on
removal.
(f) The Council President may notice a public hearing for Council determination
on removal of a member for good cause other than a criminal conviction, as
specified in subsection (c) of this section, regardless of whether a
recommendation is made by the Commission.
(g) The Council must act, by majority vote, to remove a member if the member
does not voluntarily resign.
(“Duties and Functions” added 7-20-2018 by O-20961 N.S.; effective 8-19-2018.)
(Retitled from “Duties and Functions” to “Removal of Commission Members” and
amended 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
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§26.1107 Duties and Powers of the Commission
(a) The Commission has the following duties and powers, as mandated by the
Charter and by the authority of the Council:
(1) Once members are formally appointed by the Council, the Commission
must establish operating procedures for its governance and the
Commission’s investigatory proceedings. All operating procedures
prepared by the Commission must be consistent with all applicable
laws, including the Charter, the Ralph M. Brown Act, the California
Public Records Act, and all laws, rules, regulations, and collective
bargaining agreements between the City and its recognized employee
organizations that provide rights to City employees. The
Commission’s initial operating procedures and any amendments must
be approved by the Council, by resolution, before the operating
procedures take effect.
(2) The Commission is an investigatory body of the City, independent of
the Mayor and the Police Department. The Commission must
independently investigate and evaluate all deaths occurring while a
person is in the custody of the Police Department, all deaths resulting
from interaction with a police officer, and all police officer-involved
shootings, regardless of whether a complaint has been made against a
police officer or the Police Department. These investigations must be
conducted by Commission staff or contractors who are independent of
the Police Department. In accordance with the Commission’s duties
and powers, the Commission must prepare operating procedures for
Commission investigators to have immediate access to the scene or
area of a police officer-involved shooting, the scene or area where a
death or deaths occurred resulting from interaction with a police
officer, the scene or area where a death or deaths occurred while a
person was in the custody of the Police Department, and Police
Department investigations of police officer-involved shootings, deaths
resulting from interaction with police officers, and deaths occurring
while a person is in the custody of the Police Department. Upon
completion of any investigation, the Commission must make findings.
The Chief of Police must provide a written substantive response to the
Commission’s findings within 30 days of receipt of the findings.
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(3) The Commission may, but is not required to, investigate and evaluate a
complaint against a police officer that does not involve an in-custody
death, a death resulting from an interaction with a police officer, or a
police officer-related shooting. Upon completion of any investigation,
the Commission must make findings. The Commission is prohibited
from investigating and evaluating a complaint where the complainant
has requested that the complaint be handled without an investigation
by the Commission or where no specific allegation or police officer
can be identified. The Commission may investigate any allegations of
misconduct that become known to the Commission during an
investigation of a complaint. In exercising its discretionary power to
investigate and evaluate a complaint, the Commission must determine
that the complaint involves any of the following:
(A) an incident in which the use of force by a police officer against
a person resulted in great bodily injury;
(B) dishonesty by a police officer directly relating to the reporting,
investigation, or prosecution of a crime, or directly relating to
the reporting or investigation of misconduct by another police
officer, peace officer, or custodial officer, including an
allegation of perjury, making a false statement, filing a false
report, or destroying, falsifying, or concealing evidence;
(C) an incident that has generated substantial public interest or
concern;
(D) an incident where data shows a pattern of misconduct by a
police officer; or
(E) an incident where data shows a pattern of inappropriate
policies, procedures, or practices of the Police Department or
its members.
(4) The Commission must receive, register, review, and evaluate all
complaints against police officers, except the Commission must not
review or evaluate a complaint where the complainant has requested
that the complaint be handled without investigation by the
Commission or where no specific allegation or police officer can be
identified. Upon completion of any complaint review or evaluation,
the Commission must make findings. The Chief of Police must provide
a written substantive response to the Commission’s findings within 30
days of receipt of the findings.
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(5) The Commission may, but is not required to, review, investigate, and
evaluate allegations of inappropriate sexual conduct, physical assault,
or domestic violence by a police officer, whether or not a complaint
has been submitted to the Commission or the Police Department.
Upon completion of any review, investigation, or evaluation, the
Commission must make findings. The Chief of Police must provide a
written substantive response to the Commission’s findings within
30 days of receipt of the findings.
(6) The Commission must review and evaluate all factual findings and
evidentiary conclusions of the Police Department arising from Police
Department investigations of alleged misconduct by police officers,
including internal investigations not resulting from a complaint, and
all disciplinary decisions proposed by the Chief of Police or designee
following sustained findings of police officer misconduct. The
Commission may provide advisory recommendations to the Chief of
Police, but must act promptly, timely, and in accordance with
applicable laws, including the California Public Safety Officers
Procedural Bill of Rights Act. In providing advisory recommendations
on the discipline of officers to the Chief of Police, the Commission
may consider all information, agreements, and documents of prior
discipline imposed, including agreements for reduced discipline or last
chance agreements, and prior sustained findings of misconduct against
the police officer, including prior sustained findings of misconduct
made by the Commission or the Police Department, in a manner
consistent with state law and the City’s established disciplinary
process. In order to execute its powers and duties under this section,
every 30 days after the Police Department has commenced an
investigation of alleged misconduct by police officers, the Police
Department must provide to the Commission a written status report on
the progress of the investigation, until the investigation concludes.
Upon the Commission’s written request, the Police Department must
provide all records pertaining to the investigation, subject to Section
26.1109 of this Code. The Police Department must either provide to
the Commission its factual findings and evidentiary conclusions within
six months after commencement of its investigation, or a written
explanation as to why it cannot provide such information. If, after six
months, the factual findings and evidentiary conclusions are not
available, the Police Department must provide a written report to the
Commission on the status of the investigation every two weeks
thereafter, until the investigation concludes. Unless expressly
permitted under the California Public Safety Officers Procedural Bill
of Rights Act, there are no circumstances, express or implied, for the
Police Department to delay or toll completion of its investigation.
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(7) The Commission may, but is not required to, review and evaluate the
Police Department’s administration of discipline of police officers
arising from other matters not involving alleged misconduct. The
Commission may provide advisory recommendations to the Chief of
Police, but must act promptly, timely, and in accordance with
applicable laws, including the California Public Safety Officers
Procedural Bill of Rights Act. In providing advisory recommendations
on the discipline of officers to the Chief of Police, the Commission
may consider all prior discipline imposed, including agreements for
reduced discipline or last chance agreements, and sustained findings of
misconduct against the police officer, including prior sustained
findings of misconduct made by the Commission or the Police
Department, in a manner consistent with state law and the City’s
established disciplinary process. The Chief of Police must provide a
written substantive response to the Commission’s advisory
recommendations within 30 days of receipt of the recommendations.
(8) The Commission must review and evaluate the Police Department’s
compliance with federal, state, and local reporting laws and
requirements.
(9) The Commission may, but is not required to, review and evaluate the
policies, procedures, practices, and actions of the Police Department.
The Commission may make advisory recommendations to the Chief of
Police, the Mayor, and the Council on any policies, procedures,
practices, and actions of the Police Department. The Chief of Police
must provide a written substantive response to the Commission’s
recommendations within 60 days of receipt of the recommendations.
(10) The Commission may request that the Mayor review any Commission
findings or advisory recommendations that the Chief of Police does
not accept, implement, execute, or apply.
(11) The Commission may develop and implement a mediation program
that enables complainants to resolve their issues with a police officer
who is a subject of a complaint, through face-to-face alternative
dispute resolution involving a trained mediator. Participation in a
mediation program must be voluntary and mutually agreed upon by
both the complainant and the police officer. Mediation must be limited
to eligible cases as determined by the Commission. A case
successfully resolved through mediation, as determined by the
Commission, is not considered a disciplinary proceeding or punitive
action under the California Public Safety Officers Procedural Bill of
Rights Act. However, the complaint may be subject to discovery in a
criminal or civil action in accordance with applicable federal or state
laws.
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(12) The Commission must interact with all City employees, including
police officers and other employees of the Police Department, in
accordance with all applicable federal, state, and local laws and
regulations, including the City’s Civil Service Rules, Personnel
Regulations, Administrative Regulations, and collective bargaining
agreements between the City and its recognized employee
organizations.
(13) The Commission may establish an operating procedure to directly
receive and investigate complaints by members of the public against
Police Department employees who are not police officers, in
accordance with the City Charter and this Code. Any procedure to
investigate the complaints must be made available in writing and
accessible to the public. A copy of any complaint received by the
Commission that identifies an employee of the Police Department
must be forwarded to the Police Department within five calendar days
of the Commission’s receipt of the complaint. The Commission is not
authorized to investigate a complaint against an employee of the
Police Department who is not a police officer unless the complaint
also alleges police officer misconduct.
(14) The Commission must maintain a training program for individuals
interested in appointment to the Commission. Members must also
complete training upon their appointment to ensure their working
knowledge of applicable laws and rules. The training program must
include instruction in civil or human rights and criminal justice as well
as the impacts of racial and identity profiling.
(15) Subject to any limitations set forth in governing federal or state laws,
the Commission may refer any matter before the Commission to the
grand jury, district attorney, or other governmental agency authorized
by law to investigate the activities of a law enforcement agency.
(b) The Chief of Police must consider any evaluation or recommendation by the
Commission of proposed police officer discipline, prior to Police Department
imposition of the discipline, but only if the evaluation or recommendation is
completed before the statutory timelines set forth in the California Public
Safety Officers Procedural Bill of Rights Act or other applicable law. The
Chief of Police retains authority and discretion to discipline subordinate
employees in the Police Department. The exercise of the Commission’s duties
and powers, as set forth in the City Charter and this Code, including its
investigatory duties and powers, is not intended to obstruct, abrogate, or
supersede the duties of the Chief of Police, as set forth in the City Charter.
(“Duties and Powers of the Commission” added 10-20-2022 by O-21557 N.S.;
effective 11-19-2022.)
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§26.1108 Cooperation of City Employees in Commission Activities
(a) It is the policy of the City that all officers and employees of the City
cooperate promptly and fully with the Commission to ensure the Commission
can timely and properly perform its duties as required by the Charter, the
Council by ordinance, and state and federal laws. A City employee who fails
or refuses to comply with this section is subject to discipline, up to and
including termination. This requirement to cooperate includes participation in
any investigatory proceeding set forth in the Commission’s operating
procedures approved by the Council.
(b) If the Commission seeks to interview any City employee, including an
employee who is the subject of a complaint, as part of an investigatory
proceeding, the Commission must provide timely advance written notice to
the employee. The Commission must also provide timely advance written
notice to the City employee’s appointing authority. The written notice must
specify the date and time of the interview and provide the employee with
reasonably sufficient time to secure union or legal representation by the
employee’s personal attorney, as applicable, and to make any legal objections
to the interview, either before or at the time of the interview.
(“Cooperation of City Employees in Commission Activities” added 10-20-2022 by
O-21557 N.S.; effective 11-19-2022.)
§26.1109 Records
(a) The Police Department must make available to the Commission its records,
within ten calendar days after a written request from the Commission, relating
to any matter under investigation, review, or evaluation by the Commission.
The Police Department must provide to the Commission all complaints
received by the Police Department within five calendar days of receipt
regardless of whether there is a written request from the Commission for the
complaints. The Commission and the Police Department may develop an
operating procedure for the disclosure of Police Department records to the
Commission. However, any disclosure of personnel records to the
Commission by any City department must be in accordance with all applicable
federal and state laws and regulations, including all laws and regulations
pertaining to confidential medical information and personnel records. The
Commission is required to maintain the confidentiality of all Police
Department records and City personnel records, in accordance with
applicable laws, and to respond to requests by members of the public for
records in the possession of the Commission in a manner consistent with the
California Public Records Act and applicable constitutional, statutory, and
case law that protects personnel records.
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(b) In accordance with City Charter section 57, the Chief of Police retains
authority over the records of the Police Department. The Chief of Police must
provide records to the Commission in whole and with all information
unredacted unless, in the opinion of the Chief of Police, to do so will hinder a
criminal investigation or will infringe upon the exercise of the Chief of
Police’s right to deliberative process and confidential communications with
other law enforcement agencies, the Mayor, or with the subordinate
employees of the Police Department regarding matters within the authority of
the Chief of Police. Within ten calendar days after a written request from the
Commission, the Chief of Police must provide the Commission with Police
Department records as specified in this section or a written explanation,
setting forth the specific records or reasonably segregable portions of the
records being withheld, the reason for the withholding or redactions, and the
legal justification supporting the withholding or redactions. If the Commission
disagrees with the Chief of Police’s decision to withhold records or redact
information, the Commission may seek disclosure through its subpoena
power, as defined by the Charter and this Code.
(c) The Commission must retain complaints and any reports or findings relating to
complaints for at least five years or any longer period required by state law.
These Commission records are considered personnel records and must be
managed in accordance with the California Public Records Act, the California
Penal Code, the California Public Safety Officers Procedural Bill of Rights
Act, California Evidence Code section 1043, and other applicable laws and
collective bargaining agreements. The Commission is responsible for
compliance with discovery requests for Commission records in a manner
consistent with controlling law.
(“Records” added 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
§26.1110 Subpoenas
(a) The Commission has the power to subpoena witnesses, compel their attendance
and testimony, administer oaths and affirmations, take evidence and require by
subpoena the production of books, papers, records or other items whenever
material to the performance of the Commission’s duties or exercise of its
powers.
(b) A subpoena issued under this section must be issued and signed by the
Executive Director or their designee.
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(c) If a witness fails to appear before the Commission at the time and date set by
subpoena, or in the case of a subpoena duces tecum, if a record is not produced
as required, the Commission may, by majority vote, authorize its chairperson or
the Executive Director to certify the facts to the Superior Court for an order to
show cause why the subpoena recipient should not be ordered to comply with
the subpoena.
(“Subpoenas” added 10-20-2022 by O-21557 N.S.; effective 11-19-2022.)
§26.1111 Conflict of Interest Code
The Council must adopt a conflict of interest code for the members, Executive
Director, and City employees in the Office of the Commission. All members must be
required to complete and file statements of economic interests in accordance with the
conflict of interest code.
(“Conflict of Interest Code” added 10-20-2022 by O-21557 N.S.; effective
11-19-2022.)
§26.1112 Reimbursement for Expenses
The Executive Director is authorized to purchase goods and arrange services needed
by members in the performance of their official duties and to reimburse members for
reasonable expenses incurred in the performance of their official duties, in
accordance with the City’s approved procurement procedures, the approved budget
and appropriations for the Office of the Commission, and the concurrence of the
City’s Chief Financial Officer. Members must use and return goods, in accordance
with the City’s approved policies and Administrative Regulations.
(“Reimbursement for Expenses” added 10-20-2022 by O-21557 N.S.; effective
11-19-2022.)
§26.1113 Whistleblower Protection
The City is prohibited from taking an adverse employment action against a City
employee that is directly related to the filing of a complaint with the Commission or
to the lawful participation in an investigatory proceeding conducted by the
Commission. A City officer or employee who takes an adverse employment action
against a City employee that is directly related to the filing of a complaint with the
Commission or to the lawful participation in an investigatory proceeding conducted
by the Commission is subject to discipline up to and including termination. This
protection is in addition to all whistleblower and other protections afforded to City
employees under federal and state laws.
(“Whistleblower Protection” added 10-20-2022 by O-21557 N.S.; effective
11-19-2022.)
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§ 26.1114 Outreach and Communications
(a) The Commission must engage in outreach to address community groups and
inform the public on the duties and responsibilities, policies, and ongoing
operations of the Commission. This outreach must include a process for
obtaining input from the community as to the functioning of the Commission.
All public input regarding the Commission’s functions, including complaints
about the Commission, must be made publicly available on the Commission’s
website.
(b) At least twice each year, the Commission must have a roundtable in a
community location to solicit public testimony and other input regarding
community policing, building trust between the community and the Police
Department, and other similar and relevant subjects as determined by the
Commission in accordance with the Commission’s powers and duties.
(c) The Commission must establish an operating procedure for the preparation
and submission of a semi-annual report to the Mayor and Council regarding
the exercise of the Commission’s powers and duties. The Commission must
publish its semi-annual report no later than 60 days after the end of the
preceding reporting period. The public disclosure of the report and all
information within the report must be in accordance with controlling federal
and state laws. The report must, at a minimum, describe:
(1) the number and types of complaints received by the Commission,
categorized by description as well as by City Council district, police
division, and police beat;
(2) the number of complaint reviews and investigations initiated by the
Commission during the prior six months;
(3) the number of complaint reviews and investigations completed by the
Commission during the prior six months, and the number of
investigations that took more than six months to complete and an
explanation as to why those investigations took more than six months
to complete;
(4) the number of complaint reviews and investigations pending with the
Commission as of the last day of the prior six months;
(5) a tabulation of the results of complaint reviews and investigations by
the Commission by category of findings and recommendations as well
as by City Council district, police division, and police beat;
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(6) a description of any complaints that resulted in a referral by the
Commission to other agencies and the names of those agencies;
(7) a description and summary of all evaluations, complaint reviews, and
investigations undertaken by the Commission regarding the practices,
policies, procedures, and actions of the Police Department as well as
any recommendations made by the Commission and the responses to
the recommendations;
(8) the results of the Commission’s evaluations and audits of the Police
Department’s compliance with reporting laws;
(9) a description of each instance where the Police Department, any other
City department, or City employee refused to provide the Commission
with records or information requested as well as all instances where
the Police Department took longer than mandated when complying
with records requests;
(10) a description of the Commission’s community outreach efforts; and
(11) a description of any other significant activity undertaken by the
Commission.
(d) The Commission must establish an operating procedure for allowing the
community to evaluate the Commission’s processes and performance.
(e) The Commission must establish an operating procedure for the development,
data collection, tracking, and reporting of community policing standards.
These standards may include de-escalation techniques, strategies, and
practices; use of distraction blows; acts of intimidation; detentions; and other
standards the Commission determines to develop, track, and report. The
operating procedure must, at a minimum, include processes for community
input and Police Department discussion facilitated by the Commission
regarding the community policing standards.
(f) The Commission must establish an operating procedure that describes the
Commission’s communications with complainants regarding the status of their
complaints. At a minimum, the operating procedure must describe the
Commission’s process for receiving and acknowledging complaints and for
providing complainants with the status and outcomes of the Commission’s
reviews and investigations. The Commission must provide a notice to
complainants on the status of their complaints no less than every 45 days.
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(g) The Commission must establish an operating procedure covering public
communications on the Commission’s Internet website, including providing to
the public, as soon as practicable, as much information as permitted by law,
on the status of the Commission’s investigation of each complaint, the list of
all complaints received, the Commission’s findings of the complaints it
investigated, and all of the Commission’s recommendations.
(“Outreach and Communications” added 10-20-2022 by O-21557 N.S.; effective
11-19-2022.)
§26.1115 Ballot Measures and Federal, State, and Local Legislation
The Council recognizes the expertise of the Commission in matters related to law
enforcement and public safety. The Council authorizes the Commission to make
recommendations to the Mayor and Council on proposed City ballot measures, in
accordance with the Council’s policies, and on proposed federal, state, and local
legislation, in accordance with the Council's process to establish the City's legislative
platform. The Council also authorizes the Commission to provide information to the
public about the possible effects of any proposed ballot measure or legislation related
to the activities, operations, or policies of the Commission or the City involving law
enforcement or public safety. In exercising this authority, the Commission must
ensure that the use of City resources for this purpose, including budgeted funds and
staff time, is otherwise legally authorized, and the information provided to the public
constitutes a fair and impartial presentation of relevant facts to aid the public in
reaching an informed judgment regarding the proposed ballot measure or legislation.
The Commission must ensure compliance with all laws related to the required
separation between the use of City resources and campaign activities. The
Commission may consult with its counsel or appropriate local or state regulatory
agencies for guidance in complying with this section.
(“Ballot Measures and Federal, State, and Local Legislation” added 10-20-2022 by
O-21557 N.S.; effective 11-19-2022.)
