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HomeMy WebLinkAboutCouncil Memo - Civilian-Oversighti Police Department 1042 Walnut Street, San Luis Obispo, CA 93401-2729 805.781.7317 slocity_crg DATE: August 3, 2020 TO: Mayor and City Council FROM: Deanna Cantrell, Police Chief VIA: Derek Johnson, City Manager DJ RE: Civilian Oversight Review ENC: A — References and authorities B — NACOLE recommendations for effective practices, June 1, 2020 C — Major characteristics comparison of Civilian Police Review Systems D — City by City comparison of Civilian Police Review Systems On June 16th, 2020 Council directed Staff to agendize as a "receive and file" item a public presentation of the information discussed below. Given the complexity of the information, staff has released this information in advance of a future council meeting. Currently, Council Agendas are impacted through late October; thus, a special meeting would need to be scheduled for the Council to discuss the attached information and for the public to provide feedback and for Staff to answer any questions. This memorandum and related attachments provide broad information about Civilian Oversight Systems. The recommendation is to receive and file this memorandum and provide direction to the City Manager specific to the perceived necessity and desire to proceed further with any form of citizen oversight review. This report does not provide an extensive evaluation of the San Luis Obispo Police Department or recommendations in favor of an oversight system. It also does not evaluate the labor meet and confer obligations that may be associated with a particular option or the costs of establishing and maintaining any particular system specific to San Luis Obispo. Those steps should and in an abundance of caution be done prior to any Council action. If Staff is directed to initiate a broad public engagement process, staff would return an approach to meet Council objectives including any tradeoffs in current work program efforts and more and more comprehensive evaluation of costs and meet and confer obligations. Another alternative could be to place this request into items for the next Council to evaluate as part of the 2021-2023 Financial Plan. DISCUSSION There are more than 140 variations of Civilian Oversight Systems around the country, with 33 different police review entities in California (Attachment D), 16 of which are in chartered cities. The purpose and goals of these systems include: 1. Increasing police accountability 2. Building trust between the community and the police Council Memo — Civilian Oversight Review August 5, 2020 Page 2 3. Eliminating bias and implicit bias 4. Demystifying police internal affairs investigations 5. Deterring police misconduct 6. Ensuring due process of law for all involved parties 7. Increasing the transparency of police operations, and 8. Involving the community in the creation of policing standards. Successful civilian review systems require consideration of these elements: 1. Organizational structure of the system 2. Necessary and desirable powers and processes, and 3. Integration of civilian review with existing internal procedures, statutes, and constitutional accountability systems. Oversight systems vary in numerous ways, from complexity to costs (Attachment C), therefore, tailoring the civilian police review systems to local needs is critical. Many cities seek guidance from an organization called the National Association for Civilian Oversight of Law Enforcement (NACOLE), a non-profit established in 1995. NACOLE has identified four approaches to civilian police review systems outlined below. NACOLE's June 1, 2020 Recommendations for Effective Practices is included in Attachment B. 1. Investigation -focused a) Conducts independent or parallel investigations b) Most costly and staff intensive c) Hired professional staff d) Extensive access to police records and personnel (requiring extensive training and backgrounds) e) Most independent form of oversight f) California cities that use this system include Berkeley, Long Beach, and San Francisco. Attachment D provides a city -by -city comparison of major civilian review systems for 25 police departments in California and around the country 2. Review -focused a) Reviews internal investigation for quality control — does not conduct independent investigations and advisory in nature a) May issue independent findings, conclusions, or recommendations to the police chief, city manager, a review board or Council b) May recommend further investigation c) May identify policy deficiencies or training needs as they apply to individual cases under review Council Memo — Civilian Oversight Review August 5, 2020 Page 3 d) Typically, least costly, and least staff intensive e) Less independent than investigative review with equal access to investigative records f) California cities that have some variation of a review -focused system include Claremont, Davis, Novato, Riverside, and Santa Cruz. Other cities include Indianapolis and Las Vegas 3. Auditor/Monitor-focused b) Reviews data developed by hired analysts who report to a board or commission with an eye for broad patterns c) May make recommendations to the police chief, city manager, a review board or Council d) May be more effective for long-term systemic change in organizations, but less effective on individual complaints or investigations e) Typically, advisory f) Primary cost of this model depends on the number of analysts assigned g) California cities that use this model include San Jose, Anaheim, Fresno, Inglewood, and Sacramento 4. Hybrid combinations of two or more of the other a) Elements of all three types above b) May have two boards reviewing the department, such as an investigatory model for misconduct allegations and a separate advisory panel for reviewing policies and practices. c) The strengths and weaknesses of a hybrid system correlate with each component system, along with costs and resource requirements. d) May have a board that has multiple functions, such as investigations and auditing. e) Hybrid systems are often the best choice for a city. f) California cities that use this model include Los Angeles, Oakland, and San Diego. Other cities include Albuquerque, Chicago, and Eugene, Oregon. EXISTING LAWS, PRACTICES and TRANSPARENCY REGULATIONS In addition to the many different types of civilian review systems, there are many processes, practices, policies, and laws currently in place to monitor, scrutinize, review, oversee, influence, and change police practice as outlined below: San Luis Obispo Police Department Complaint Process with major case review from Human Resources and the City Attorney's Office Accountability and transparency laws o CA Penal Code Section 832.5A PC832.5 AB 953 — Racial and Identity Profiling Data Reporting 2016 Council Memo — Civilian Oversight Review August 5, 2020 Page 4 Went into effect to require California law enforcement agencies to collect and report data on complaints that allege racial or identity profiling and to Collect and report the specific types of profiling alleged. Penal Code 13012 also expanded the definition of racial and identity profiling. Enhanced Access to police records through SB 1421 and AB 748 o Went into effect in January 2019 to increase public access to police records under the California Public Records Act (CPRA) and amended CA Penal Code Sections 832.7 and 832.8 to require disclosure of documents related to certain high profile categories of officer conduct or misconduct, including: Discharge of a firearm at a person Use of force causing death or great bodily injury Sexual assault, and Findings of dishonesty that have been sustained Peace Officer Bill of Rights (LOBAR) o POBAR sets forth a lost of basic rights and protections that must be afforded to all peace officers by the public entities that employ them. Codified under California Government Code Sections 3300-3310, POBAR is a catalog of the minimum rights that the state Legislature deems necessary to secure stable employer-employee relations in public safety. When a law enforcement agency investigates alleged misconduct by an officer, the procedural protections in POBAR balance the public interest in maintaining the efficiency and integrity of the police force with the police officer's interest in receiving fair treatment. 42 USC Section 1983 o This federal statute created to deterring police misconduct because it creates civil liability for police misconduct. Section 1983 of Title 42 of the United States Code was enacted by Congress as Section 1 of the Ku Klux Klan Act of April 20, 1871 in order to enforce the 14th Amendment following the Civil War. o Police officers can be held personally liable for Section 1983 violations. Constitutional protections for persons accused of crimes -Brady v. Maryland (1963) 373 U.S. 83 o Regardless of civilian review or police internal affairs processes, prosecutors have an independent constitutional duty to disclose favorable, material evidence to a criminal defendant, including information contained in police personnel files. The legal rationale for this constitutional rule is that evidence of police misconduct can be used to attack an officer's credibility on the witness stand and can make the difference between acquittal and conviction. A Brady violation occurs when the prosecution (including the City and Police in their assistive roles) fails to disclose to the defendant exculpatory or impeaching evidence. Council Memo — Civilian Oversight Review August 5, 2020 Page 5 The purpose and goals of Community Oversight Systems are: 1. Increasing police accountability 2. Building trust between the community and the police 3. Eliminating bias and implicit bias 4. Demystifying police internal affairs investigations 5. Deterring police misconduct 6. Ensuring due process of law for all involved parties 7. Increasing the transparency of police operations, and Involving the community in the creation of policing standards. The San Luis Obispo Police Department received nine citizen complaints in 2019 and used force 26 times which is nearly a 50% reduction over the previous years. Total population City of San Luis Obispo: 46,548 UoF incidents 26 UoF representation of total population 0.056% Citizen complaints 9 Citizen complaint representation of total population 0.019% Estimated total contacts SLOPD made with the public: 68,732 UoF incidents representation of all contacts 0.037% Contacts that resulted in no use of force 99.97% Citizen complaint representation of total contacts 0.013% Total Calls for Service: 31,376 Use of force incidents representation of all Calls for Service 0.082% Citizen complaint representation of total Calls for Service 0.028% Total arrests: 2,173 Use of force incidents representation of arrests 1% Citizen complaint representation of total arrests 0.4% Additionally, the SLOPD works in close partnership with all segments of the community, and City leaders to foster open, honest communication between marginalized community members and the police. We engage in challenging conversations around race and policing and provide a civil and safe environment to do so. SLOPD has received thousands of hours of training in principled policing, procedural justice and implicit bias, and crisis intervention (88% of sworn employees are trained). We have worked with the community on policy revisions, as well as procedural changes around hate crimes and we have taught the community about policing through PEACE (Policing Education And Community Engagement) and learned from them about cultural and diverse issues. We are arguably one of the most diverse Departments in City of San Luis Obispo, and we will continue to learn from and engage with our community to be a model for others to follow. Council Memo — Civilian Oversight Review August 5, 2020 Page 6 CONCLUSION Each civilian police review system includes the ability to make recommendations for improving police policies and practices. Broad considerations for civilian police review and oversight include: Needs assessment Type of independence Board composition Manner of appointment o In other California chartered cities, appointment power rests with either the City Council or City Manager/administrator o The Independent Police Auditor in Santa Cruz is hired by the City Manager o The Independent Police Auditor in San Jose is one of five Council appointees and reports to the Mayor and City Council Resource needs Costs Community outreach Community involvement. If the City chooses to move forward with a Citizen Oversight System, it should be formalized in an ordinance or charter amendment to establish the review system and must be done within the meet and confer process and be consistent with both state and federal laws. P - Police Department 1042 Walnut Street, San Luis Obispo. CA 93401-2729 805.781.7317 slooity.arg ATTACHMENT A References and Authorities Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241, enacted July 2, 1964) Civilian Oversight of Police: Advancing Accountability in Law Enforcement (Prenzler and den Heyer, 2016) The New World of Police Accountability (Walker and Archbold, 2d ed. 2014) Overview of Civilian Oversight of Law Enforcement in the United States (Attard and Olson, 2013) hltp:Haccountabilityassociates.or_/g_wp-content/uploads/Oversight-in-the- US- E2%80%A6FINAL.pdf National Association for Civilian Oversight of Law Enforcement (NACOLE), www nacole org, hiLtps://www.nacole.org/police oversight by jurisdiction_usa Walker, Samuel E. 2003. "Core Principles for an Effective Police Auditor's Office." University of Nebraska. http://samuelwalker.net/wp- content/uploads/2010/06/coreprinciples.pdf Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194 Monroe v. Pape(1961) 365 U.S. 167,171 [81 S.Ct. 473, 475, 5 L.Ed.2d 492] overruled byMonell v. Department of Social Services of City of New York (1978) 436 U.S. 658 [98 S.Ct. 2018, 56 L.Ed.2d 611] Monell v. Department of Social Services of City of New York (1978) 436 U.S. 658 7 Council Memo — Civilian Oversight Review August 5, 2020 Page 8 ATTACHMENT B National Association for Civilian Oversight of Law Enforcement (NACOLE) recommendations for effective practices, June 1, 2020 Recommendations for Effective Practices NACOLE, through its research and work with oversight practitioners, has developed a set of recommendations for practitioners to consider in their own work. Each recommendation focuses on strengthening an agency's practices in relation to the thirteen principles for effective civilian oversight. While NACOLE has attempted to develop an extensive list of effective practices for civilian oversight, this list should not be considered exhaustive. The following addresses topics that have come up as recurring themes or concerns identified by practitioners and stakeholders. It should be note that "effective practices" take into consideration the core values and principles that should be satisfied to the greatest possible extent in order to produce better outcomes. Such practices value the diverse perspectives and wisdom of experienced practitioners while acknowledging that in the field of civilian oversight, there are several possible paths to success. Furthermore, they are consistent with the "best fit" approach to structuring civilian oversight and prioritizing stakeholder input and dialogue, rather than merely prescribing the "best" in all contexts. Recommendations for effective practices are meant to offer guidance, not concrete solutions. The challenges associated with civilian oversight can rarely be boiled down to technical problems with technical solutions. Oversight practitioners must consider each recommendation with a mindset oriented towards a "best fit" approach and consider the following questions with all relevant stakeholders before implementing a particular practice: 1. Is this practice an appropriate 'fit " for our local context? 2. How will this practice strengthen civilian oversight in relation to the thirteen principles for effective oversight? 3. What are the potential unintended consequences of implementing this practice? The following is a list of the recommendations. Additional information regarding recommendations is available upon request during this time at infoknacole.org . E3 Council Memo — Civilian Oversight Review August 5, 2020 Page 9 I. Complaint Process A Filing and Receiving Complaints 1 Submission of Complaints Recommendation: There should be several alternative modes for the filing of a complaint and the process should be as easy and accessible as possible. 2 Barrier -Free Complaint Process Recommendation: Members of the public, including adjudicated/ pre -adjudicated, incarcerated individuals should not be discouraged, dissuaded, burdened, or otherwise threatened or intimidated by the complaint process or when filing a complaint. Unless required by state lawl the complaint process should not require individuals to notarize a complaint, sign an affidavit, issue statements under penalty of perjury, or threaten potential prosecution for false statements. In addition, while it may be appropriate to look at current criminal charges as they relate to the complaint, reviewing an individual's criminal history or performing warrant or immigration checks should not be tolerated. 3 Anonymous complaints Recommendation: Unless prohibited by law, the complaint process should allow for the anonymous filing of complaints. Complaint forms and brochures should make clear that complaints can be submitted anonymously and that providing any identifying information is optional. 4 Third -party complaints Recommendation: If permitted by law, the complaint process should allow those who have witnessed or have sufficient knowledge of an incident of alleged misconduct to file a complaint. 5 Internal complaints Recommendation : A civilian oversight agency's complaint jurisdiction should cover internal complaints - those filed by officers or deputies within the overseen law enforcement agency - to provide law enforcement officers with a neutral and independent outlet for reporting officer misconduct and alleged retaliation for reporting misconduct. 6 Accessibility for non-English speakers and persons with disabilities 01 Council Memo — Civilian Oversight Review August 5, 2020 Page 10 Recommendation: Oversight agencies should, to the best of their ability, accommodate all languages spoken by significant portions of the community. Brochures and complaint forms should be made available in these languages so as to make the complaint process as accessible to the community as reasonably possible. Both the oversight and law enforcement agency should maintain compliance with federal Limited English Proficiency (LEP) laws to ensure language barriers are not a deterrent to filing a complaint. B. Case Management 1 Complaint Triage and Alternatives to Formal Investigation Recommendation: Civilian oversight agencies with jurisdiction over complaints should develop clear protocols for how complaints are to be handled following a preliminary investigation. When formal investigation or mediation of low-level allegations are expected to require a significant commitment of resources and are unlikely to produce beneficial outcomes, alternative methods should be considered. 2 Handling Complaints Alleging Potential Criminal Conduct Recommendation: Upon receiving a complaint, oversight staff should evaluate whether it has jurisdiction over the complaint and whether the complaint should also be referred to either a law enforcement agency or prosecutor. Protocols should be established for referring complaints alleging potential criminal misconduct and when an administrative investigation should be stayed during the pendency of a criminal investigation. 3 Referring complaints to mediation Recommendation: The seriousness of a complaint and likelihood of a successful mediation outcome should determine whether an individual complaint will be referred to mediation. II. Communication with Complainants A. Status updates Recommendation: The complaint process is more likely to be perceived as fair and transparent if complainants receive regular updates regarding their complaint and can obtain status updates at any time. B. Close-out meetings 10 Council Memo — Civilian Oversight Review August 5, 2020 Page 11 Recommendation: Once a complaint has been adjudicated and/or after a disciplinary decision has been made, the civilian oversight agency should invite complainants to an in-person, close- out meeting. C. Complaint Process and Mediation Feedback Surveys Recommendation: When a complaint has been mediated, or when an investigation has been completed and adjudicated , the civilian oversight agency should invite complainants and officers to complete a survey about their experience and provide feedback regarding the complaint and mediation processes. III. Independence A. Political independence 1. Enabling legislation Recommendation: An oversight agency is more politically independent and less susceptible to political interference when its mission and authority are established by municipal charter. 2. City Council Confirmation Recommendation: A volunteer board or commission's real and perceived independence can be strengthened by requiring the city council to confirm appointments. 3. Recruitment and Selection of Oversight Executive Recommendation: The independence and effectiveness of a civilian oversight agency can be strengthened by selecting the agency executive through an inclusive, deliberative, and consensus -based process. 4. Removal of Oversight Executive Recommendation: The decision to terminate an oversight agency executive should be for cause only, and the result of a consensus -based decision. 5. Reporting structure Recommendation: The civilian oversight agency should be structured within government so as to minimize real or perceived political influence on the decision-making, reporting, recruitment, and termination of key political staff. 11 Council Memo — Civilian Oversight Review August 5, 2020 Page 12 B. Operational and Procedural Independence 1. Report Editorial Authority Recommendation: Stakeholders outside of the civilian oversight agency should not be able to edit, modify, or influence the contents of the agency's public reports. 2. Essential Functions, and Daily Operations Recommendation: Agency staff should be able to make key decisions regarding the oversight agency' s daily operations without consulting or requiring prior approval from outside entities. 3. Budget and Staffing Floors Recommendation: Budget or staffing minimums established in an oversight agency' s enabling legislation ensure that the agency will have adequate resources to perform its work and protect it from budget cuts that could undermine its effectiveness. IV. Boards and Commissions A. Diversity and Inclusion of Community Groups Recommendation: The diversity of civilian boards or commissions should closely mirror the diversity of the community served. Stakeholders should consider involving sufficiently knowledgeable and relevant local civic organizations and community groups in the appointment process, so as to leverage their expertise, outreach, and representation of cross- sections of the community. B. Staggered Terms and Term Limits Recommendation: Volunteer boards or commissions should have staggered terms and term limits for its members so as to introduce fresh perspectives while maintaining institutional knowledge. C. Stipends 12 Council Memo — Civilian Oversight Review August 5, 2020 Page 13 Recommendation: Board diversity and participation can be enhanced by providing stipends to offset expenses relating to a volunteer member's duties and work for the board or commission. V. Access to Information A. Oversight Models and Information Access Recommendation: Stakeholders and oversight agencies should consider the records and corresponding level of access needed in relation to the oversight model deployed and the oversight functions to be performed by the agency. B. Enabling Legislation Language Relating to Accessing Department Records Recommendation: Legislation establishing civilian oversight must explicitly address an oversight agency's unfettered access to relevant records and documentation, as well as the law enforcement agency's obligation to cooperate with the oversight agency's request in a reasonable and timely manner. C. Law Enforcement Liaisons Recommendation: Law enforcement cooperation with civilian oversight can be strengthened by designating at least one high-ranking individual within the chain of command to serve as a liaison and the point of contact responsible for coordinating the civilian oversight agency's requests. D. Direct Access to Law Enforcement Databases Recommendation: Direct access to law enforcement databases reduces delays in information requests, permits the civilian oversight agency to run advanced queries of the database content, and ensures the accuracy and integrity of the overseen law enforcement agency's data. C. Disciplinary Sanctions for Failure to Cooperate Recommendation: Law enforcement agencies that are subject to civilian oversight should establish policies outlining the role of their civilian oversight agency, processes and procedures for cooperation, and the duty of officers and staff subject to oversight to cooperate with an oversight agency's requests. Failing to cooperate should be subject to discipline 13 Council Memo — Civilian Oversight Review August 5, 2020 Page 14 similar to the type of discipline imposed for failing to cooperate with an internal investigation. VI. Staffing A. Oversight Executive Recommendation: The qualifications for an oversight executive should meet minimum educational, experience, and skill requirements dictated by agency mandates and municipal or county employment standards. B. Supervisory Investigators and Investigators Recommendation: The qualifications for supervisory investigators and investigators should meet minimum educational, experience, and skill requirements dictated by agency mandates and municipal or county employment standards. C. Policy Analysts Recommendation: The qualifications for policy analysts should meet minimum educational, experience, and skill requirements dictated by agency mandates and municipal or county employment standards. D. Outreach Staff Recommendation: The qualifications for staff dedicated to community outreach should meet minimum educational, experience, and skill requirements dictated by agency mandates and municipal or county employment standards. VII. Training A. Board or Commission Member Training Recommendation: All board or commission members must receive training, shortly after appointment, on the policies and procedures of their local law enforcement agency, the basics of civilian oversight, and the authority and responsibilities associated with their role as a board or commission member. B. Staff Training 14 Council Memo — Civilian Oversight Review August 5, 2020 Page 15 Recommendation: Staff should be given training on the policies and procedures of their local law enforcement agency, the basics of civilian oversight, the authority and responsibilities associated with their agency, as well as continuing education and professional development on an ongoing basis. C. Law Enforcement Agency's Ro le in Training Recommendation: Members of the overseen law enforcement agency should be involved in the development and implementation of training for civilian oversight staff and board/commission members. VIII. Investigations A. Investigation Manuals Recommendation: An oversight agency should develop a manual guiding the processes and procedures for handling complaints and conducting a thorough misconduct investigation. B. Conducting Interviews Recommendation: Oversight agencies with the authority to conduct investigations should have clearly stated protocols for interviewing complainants, officers and civilian witnesses. C. Evidentiary Standards Recommendation: The findings of an administrative investigation should be based upon the standard of proof established by the jurisdiction. Oversight agency staff con ducting investigations or reviewing findings must be thoroughly trained on the applicable standard. IX. Auditing A. Required Audits Recommendation: Audit or/ monitor -focused agencies should be required to audit matters of ongoing community interest in order to improve the law enforcement agency's compliance with its own policies and enhance the trust between law enforcement and the community. B. Follow-up Audits 15 Council Memo — Civilian Oversight Review August 5, 2020 Page 16 Recommendation: The civilian oversight agency should perform follow-up audits regarding issues it previously examined to determine whether any reforms previously implemented have remained in place, are still effective, or whether additional remedies need to be implemented to address outstanding issues. C. Audit Standards and Standardization Recommendation: Civilian oversight agency audits should be planned and performed with a set of uniform or standardized criteria. X. Monitoring A. Monitoring Cases of Interest Recommendation: Civilian oversight agencies authorized to monitor open law enforcement internal investigations should be permitted to monitor any case the agency deems in the public interest. B. Interview Monitoring and Participation Recommendation: Civilian oversight agencies authorized to monitor open law enforcement department internal investigations should be able to actively watch or listen to relevant interviews in real-time. The oversight agency should be able to provide specific questions before or during the interview as well as consult investigators regarding the direction of the investigation. C. Public Demonstrations and First Amendment Assemblies Recommendation : Civilian oversight agencies with adequate staff and sufficient resources should be authorized to monitor, evaluate, and report on the overseen law enforcement agency's policies, procedures, and tactics for policing public demonstrations and similar First Amendment -related gatherings if deemed by stake holders to be a matter in the public interest. XI. Reviewing Investigations A. Investigation Review Checklists and Matrices 16 Council Memo — Civilian Oversight Review August 5, 2020 Page 17 Recommendation: The civilian oversight agency should develop and use a case review checklist or evaluation matrix to consistently evaluate the thoroughness, accuracy, and fairness of internal investigations. B. Voting Seat on Use of Force ReviewBoards Recommendation: A representative from the civilian oversight agency should have a minimum of one voting seat on the law enforcement agency's Use of Force Review Board UOFRB). XII. Data and Policy Analysis A. Internal Data Collection Recommendation: The civilian oversight agency should collect sufficient internal data and records relating to its own work to analyze strengths and weaknesses in its operations, identify pattern s and trends in law enforcement relevant to its mandate, present information to the public, and provide additional insight if the agency is being evaluated. B. Analyzing Civil Claims and Litigation Recommendation: Collecting and analyzing legal claims and lawsuits filed against the overseen law enforcement agency provides an opportunity to improve law enforcement functions, identify at -risk officers or units, and mitigate municipal and taxpayer exposure to future legal claims. C. Analyzing Use of Force Recommendation: Oversight agencies with access to use of force reports should regularly analyze and publish disaggregated data to the public. D. Data Quality and Data -Driven Analyses Recommendation: Civilian oversight agencies should only use credible and relevant data to support assertions made regarding the law enforcement agency' s policies, practices, and procedures. Data analyses must use appropriate and methodologically - sound statistical approaches. E. Policy Reform Task Forces 17 Council Memo — Civilian Oversight Review August 5, 2020 Page 18 Recommendation: Policy recommendations pertaining to matters of significant community interest may require the convening of a task force, including civilian oversight, law enforcement and their unions, community members and advocacy groups, relevant municipal agencies, and national experts to develop policy recommendations and assist in their implementation. XIII. Issuing Recommendations A. Developing Policy and Training Recommendation s Recommendation: Policy and training recommendations should include, to the greatest extent possible, specific details, relevant examples and resources, and actionable language to guide proposed actions for the law enforcement agency. B. Developing Disciplinary Recommendations Recommendation: Disciplinary recommendations for sustained allegations of misconduct should be consistent, fair, and just. C. Requiring Written, Public Responses to Oversight Recommendations Recommendation: Requiring the law enforcement department to publicly respond in writing to a civilian oversight agency' s recommendations can improve transparency and accountability. D. Status of Recommendations and Follow -Up Recommendation: Oversight agencies should track and report the status of recommendations issued to the law enforcement department. If the law enforcement department has accepted a particular recommendation, the oversight agency should follow -up on its status and assist with its implementation where possible. XIV. Reporting and Transparency A. Regular Rep ort s Recommendation: The oversight agency shou d issue regular reports to the public describing the agency's mission, authority, activity, and accomplishment s for the reporting period. B. Special Reports 18 Council Memo — Civilian Oversight Review August 5, 2020 Page 19 Recommendation: Investigations and reviews of matters of significant community interest should be published as standalone special reports. C. Publishing and Presenting Data Recommendation: An oversight agency's data should be regularly published and presented in a clear and accessible format. XV. Retaliation and Confidentiality A. Prohibit ions Against Retaliation Recommendation: All forms of retaliation, including threats, harassment, discouragement, intimidation, coercion, or adverse action, against oversight staff or any individual who files a complaint, cooperates with an investigation, or provides information to a civilian oversight agency, must be expressly prohibited by the oversight agency's enabling legislation and departmental policy. Retaliation must be subject to discipline, up to and including termination. B. Monitoring and Reviewing Retaliation Complaints and Policy Recommendation: Oversight agencies should periodically review civilian and internal retaliation complaints to assess the prevalence of retaliation and ensure that both the investigative and disciplinary processes of the law enforcement organization are functioning properly. XVI. Community Outreach and Inclusion A. Assessing Outreach Needs Recommendation: Oversight practitioners should plan and evaluate its outreach needs based on its resources, mandate, goals, and local needs and challenges. B. Partnerships with Community Organizations Recommendation: An oversight agency's outreach efforts can be strengthened by developing partnerships with local community organizations. C. Targeted Outreach to Key Groups 19 Council Memo — Civilian Oversight Review August 5, 2020 Page 20 Recommendation: Targeting and tailoring outreach efforts to key local stakeholders can maximize an agency's reach and ability to share relevant information. D. Community Inclusion in Developing a Mediation Program Recommendation: An oversight agency should work with local stakeholders to develop protocols determining which types of complaints are eligible for mediation. XVII. Evaluation A. Oversight Agency Evaluation Recommendation: Oversight agencies should be evaluated periodically to identify strengths, weaknesses, accomplishments and promote continuous improvement. B. Evaluation App roaches and Frameworks Recommendation: Various approaches, methodological considerations, and frameworks should be taken into account when evaluating an oversight agency. C. Evaluation Metrics: Workload andPerformance Recommendation: When properly contextualized and interpreted, certain metrics relating to the agency's workload and performance can be helpful in understanding an oversight agency's work. D. External Evaluation Recommendation: Stakeholders should weigh the relative benefits of having the oversight agency evaluated by community, municipal, or private entities. E. Internal Evaluation Recommendation: Oversight staff should be periodically surveyed by an outside entity to gauge staff morale and internal perceptions of management, operations, processes, and procedures. 20 Council Memo — Civilian Oversight Review August 5, 2020 Page 21 System Type Recognized Areas of Effectiveness and Efficiency Potential Changes to the City's Administrative Functions Cost Complexity Places in Use Investigation -focused May reduce bias in May replace or duplicate investigations into citizen the police internal affairs Berkeley, Long Beach, and San Professionally trained complaints Process Francisco investigation staff conducts Full-time civilian Make recommendations or investigations of alleged investigators can have findings as to whether the misconduct independently of a highly specialized evidence supports the police department's Internal training allegation(s). In some Affairs (IA) or replaces the Civilian led investigations oversight systems, the Department's IA critical may increase community agency has the authority to functions. This can be the costliest trust in the investigations recommend and/or impose and most staff- intensive model. process discipline. Can help reduce public Not necessary (or even concern about high- advantageous) that the profile incidents investigators be formally This system avoids trained law enforcement potential conflicts inherent officers. in many internal affairs departments in which investigators are rotated from, then back into, other units within the Department. 21 Council Memo — Civilian Oversight Review August 5, 2020 Page 22 Review -focused Ensures that the An individual or community has the commission is authorized Claremont, Davis, Novato, Provides community members ability to provide input to review Internal Affairs the ability to review the quality of into the complaint IA) investigations of Riverside, and Santa Cruz misconduct investigations. investigation process complaints, find them Concentrates on commenting on Generally the least adequate or not, and state completed investigations after expensive form of whether it agrees or reviewing the quality of police oversight since it typically disagrees with the IA internal affairs investigations. relies on the work of findings. Often such volunteers instead of hires boards may recommend staff such as investigators further investigation or analysts and/or make policy and training recommendations. Page] of 3 Attachment C 22 Council Memo — Civilian Oversight Review August 5, 2020 Page 23 23 ATTACHMENT C - Major Characteristics Comparison of Civilian Review System Recognized Areas of Potential Changes to the System Type Effectiveness and City's Administrative Cost Complexity Places in Use Efficiency Functions Community review of Focuses on reviewing complaint investigations the quality of completed may increase public trust police internal affairs in the process. investigations. This type of model can May make provide greater recommendations to transparency and an police executives additional layer of regarding findings or civilian and greater request that further involvement by the investigation be community because conducted. when they make recommendations, the department may be more inclined to take action. Review boards frequently hold their meetings in public. Can improve department policies and procedures by identifying areas of concern and subsequently offering options to improve policing. Auditor/monitor- Often have more robust Some auditors/monitors focused public reporting may actively participate San Jose, Anaheim, Fresno, practices than other types of oversight in or monitor open internal investigations Inglewood, and Sacramento Designed to promote change in May be more effective at Can be utilized in law enforcement through policy promoting long-term, addition to other outside and trend analysis. Focuses on systemic change in resources such as examining broad patterns in police departments LEXIPOL in conducting complaint investigations, Can assist a jurisdiction systematic reviews of including patterns in the quality in liability management police policies, practices of investigations, findings, and and reduce the or training and making likelihood of costly 23 Council Memo — Civilian Oversight Review August 5, 2020 Page 24 Page 2 of 3 Attachment C 24 Council Memo — Civilian Oversight Review August 5, 2020 Page 25 Page 3 of 3 25 ATTACHMENT C - Major Characteristics Comparison of Civilian Review System Recognized Areas of Potential Changes to the System Type Effectiveness and City's Administrative Cost Complexity Places in Use Efficiency Functions discipline rendered. The cost of litigation by identifying recommendations for this model depends on the problems and proposing improvement number of auditors assigned. corrective measures Can identify areas of before a lawsuit is filed weakness—particularly Identify issues of bias—by providing supervision and training opportunities for Ensure that complaints dialogue and are able to be received understanding between from a wide variety of the police and sources individuals and groups within the community, Ability to assess the effectiveness of early warning systems and determining whether discipline is consistent and fair Hybrids Addresses the issue that Depends on the oversight is not a one- combination of models Often the best choice, a hybrid size -fits -all proposition. and oversight authority combines functions of several Many oversight given models. Can exist in 2 ways: practitioners are finding hybrid systems and hybrid that it is less useful to agencies. In the first case, a talk about models and board may have multiple more useful to talk about functions, such as investigatory options of authority. and auditing. The latter, may Merged features from have two boards reviewing the the different systems to department, such as an address their specific investigatory model for needs. misconduct allegations and a separate advisory model for reviewing policies and practices. Cost depends on models chosen. Page 3 of 3 25 Council Memo — Civilian Oversight Review August 5, 2020 Page 26 Attachment C ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) Anaheim, CA Public Auditor/Monitor 5 members chosen by lottery - External auditor collaborates Quarter to half time staff out External Auditor has access to http://www.anaheim.net/48 4 from City Council with the Board to make of City Manager's Office; 1 all files; Board does not. Board 02/Police-Review-Board Safety Board (250 neighborhoods and 1 at- large recommendations on Police External Auditor conducts outreach. Board Department practices, 80,000 to $100,000 and works with External Auditor sworn) procedures, training, small training budget and City Manager's Office to equipment, and potential issue reports to Council reforms Albuquerque, NM Hybrid 9 -member board selected by The Civilian Police Oversight 0.5% of the Police Investigator and Executive http://www.cabggov/cpoa Auditor/Monitor and Mayor and City Council Commission receives, Department Budget and Director has access to Independent Review of the Investigatory) investigates and reviews approx. $1 million for 2020 personnel files. Board does not Police Oversight Commission complaints and commendations submitted by Board reviews final 839 sworn budgeted for community members investigation 1,000) for/against the Police Dept. The Civilian Police Oversight Board conducts outreach Agency also reviews Police and issues reports to Dept. policies, practices, and Council procedures, making recommendation to the Chief of Police 26 Council Memo — Civilian Oversight Review August 5, 2020 Page 27 Berkeley, CA Investigatory 9 members appointed by City Council. Review Commission Receive complaints of police misconduct; Over $600,000 for staff of 3 Does not have access to personnel files or Internal https://www.cityofberkeley.i nfo/prc/ Berkeley Police Review Officer hired by City Manager independently investigate Affairs (IA) files but has Sworn Police Officers) Commission with input from Board. Staff complaints access to other confidential hired by Review Commission files including Review 182 sworn) Officer Release advisory findings to Officer's reports City Manager Conducts outreach and Review Police Department publishes annual reports policies and provide mediation in some cases Page 1 of 10 Attachment D ATTACHMENT D - City -By -City Comparison Civilian Police Review Svstem CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) 27 Council Memo — Civilian Oversight Review August 5, 2020 Page 28 Chicago, IL The Police Board of the Hybrid (Review and Auditor/Monitor) 9 members (2 former police officers) appointed by Mayor with advice from City Council Decides disciplinary cases when the Superintendent of Police files charges to 540,000 for FY 2020 Does not conduct investigation but receives documents submitted in https://www.chicago ogv/cit y/en/depts/cpb.html City of Chicago discharge or suspend for more appeal hearings and than 365 days. conducts outreach and 12,244 sworn officers) Considers appeals from publishes reports employees facing disciplinary suspensions of 6 through 365 days. Submits to Mayor a list of 3 candidates when there is a vacancy in the position of Superintendent of Police; Mayor must choose from the list or request another list from the Board. Adopts rules and regulations governing the conduct of sworn and civilian members of the Police Department Claremont, CA Review 7 Commission members Reviews all formal No budget No access to personnel https://www.ei.claremont.ca us/government/commissionsappointedbyCityCouncilinvestigationcomplaintsforfilesbutaccessto Police Commission thoroughness. Reviews complaint files policies and procedures to set 38 sworn) goals that reflect county values. Reviews recruitment and training to promote retention and diversity. Makes recommendations to City Manager and City Council Davis, CA Review Selected by City Council Reviews all Internal Affairs Not to exceed $60,000 No access to personnel files https://www.cityofdavis.org/ city-hall/police- and City Manager investigations; takes and part-time position) but access to IA files Independent Police Auditor refers complaints, makes department/administration/i ndependent-police-auditor61sworn) recommendations for Conducts outreach but trainings and practices does not issue reports Page 2 of 10 Attachment D Council Memo — Civilian Oversight Review August 5, 2020 Page 29 ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) Davis also has a Police Accountability Commission Denver, CO Review 6 members appointed by Reviews all Internal Affairs Around $1,500,000 that Has access to disciplinary https://www.denver ogvorg/ content/denvergov/en/officeMayorandconfirmedbyinvestigations (including includes 16 staff members files and IA complaints of-the-independent- Office of the Independent City Council internal criminal and a $20,000 stipend for Monitor (OIM) investigations) and officer- members for training Conducts outreach and monitor.html involved shooting publishes reports 1450 sworn) investigations and makes recommendations on findings, the imposition of discipline, as well as, changes in policy. OIM also makes recommendations on findings and discipline to the Chief of Police and the Manager of Safety. Publishes annual reports. Conducts policy reviews and makes policy recommendations as necessary Eugene, OR Hybrid (Auditor/Monitor and 7 members for the Review Monitors a staffed Police Between $450-500,000 for Access to IA files; does Eugene Police Review Board appointed by City Auditor who receives and staffing an auditor, a deputy outreach and issues public Commission: Eugene Police Commission & Council and 12 members for classifies complaints and auditor and an administrative reports https://www.eugene- Civilian Review Board the Commission appointed monitors IA investigations assistant or.gov/664/Police- by City Council Publishes weekly complaint Commission 190 sworn) Acts in an advisory capacity to Board and Commission not summary City Council, the Chief of compensated Civilian Review Board: Police and the City Manager https://www.eugene- on police policy and resource or.gov/88/Civilian-Review- Boardissues Per ordinance, the Police Commission does not undertake the review of allegations and inquiries Page 3 of 10 Attachment D W Council Memo — Civilian Oversight Review August 5, 2020 Page 30 ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) related to the actions of individual police officers Fresno, CA Auditor/Monitor Independent Reviewer hired Reviews IA investigations; Approx. $200,000 per year for Access to IA files, conducts haps://www.fresno. ogv/city manager/office-of- by City Manager with input provides guidance to officers reviewer, second person outreach and issues 4 quarterly Office of Independent from City Council, Police and managers when assisting in audits and an reports a year independent -review/ Review Commission, and 2 members requested executive assistant of the community 793 sworn) Audits inquiry and complaints including in - custody deaths or vehicle pursuits resulting in serious injury or death Hears no appeals Indianapolis, IN Review 12 members (9 civilian voting Offers opportunity for citizens N/A No review of personnel files https://www.indy.gov/activit y/citizens-police-complaint- members and 3 non- voting to have complaints voiced and but reviews IA files and boardCitizenPoliceComplaintpoliceofficers) appointed by investigated. conducts outreach and issues Board and Citizen Police Mayor and City Council Members are appointed by the public reports Complaint Office (CPCO) City/County Council, the Members must complete Mayor, and the Fraternal 1743 sworn) yearly 20 hours in training in Order of Police (FOP) and police procedures and 16 hours have the task of reviewing all of ride-alongs with officers cases filed in the CPCO all Council Memo — Civilian Oversight Review August 5, 2020 Page 31 Inglewood, CA Auditor/Monitor 11 members (2 appointed by the Mayor, 2 from each City Refers complaints to Police Department; Police 5,000 budget for training No access to personnel files but access to IA files in closed https://www.ciiyofin legwood org/657/Citizen-Police- Citizen Oversight Council District, and 1 by the Department then reports sessions Oversight -Commission Commission Police Chief) investigations of external complaints in closed session to Does not conduct outreach 186 Sworn) Commission Commission then recommends discipline to Police Chief and the Police Page 4 of 10 Attachment D 31 Council Memo — Civilian Oversight Review August 5, 2020 Page 32 ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) Chief makes final decision. Does not review Police Department policy Key West, FL Citizen Investigatory 7 members appointed by The Citizen Review Board is 81,400 No access to personnel hM2s://www.cityofkeywest- fl. ov/department/index.phpCityCommissionanindependentboardwithfilesbutreviewsIA structureid=6ReviewBoard (91 authority to review and/or investigations investigate complaints sworn) involving Key West police officers and forward findings and/or recommendations to City management, Chief of Police, State Attorney, other state and federal law enforcement agencies and/or grand juries. Investigations conducted by IA 32 Council Memo — Civilian Oversight Review August 5, 2020 Page 33 Las Vegas, NV Citizen Review 25 volunteer members appointed by two members of Receives and investigates complaints of misconduct by N/A Reviews IA files, conducts community outreach and https://www.lympd.com/en- us/Pages/InternalAffairs- Review Board (2,696 the City Council and two peace officers of the Las Vegas issues reports CitizenReviewBoard.aspx members of the Clark County Metropolitan Police sworn) Board of Commissioners Department in the performance policies, procedures, and of their duties. The Review programs Board is also able to Long Beach, CA Investigatory 11 members appointed by Takes complaints on cases of investigate any deaths, which No access to personnel http://www.lon bg each.gov/c itymanager/cpcc/ Mayor, confirmed by City occurred while in the custody administrative staff, a director, files but reviews IA Citizen Complaint Council with 1 being from and race and assigns to of, or in connection with, investigations Commission each district and 2 at -large investigator actions of police officers. The Review Board advises the Conducts outreach 889 sworn) Reviews IA investigations Police Department regarding and holds hearings to citizens' complaints or City Manager can make facilitate fact finding departmental policies and public the disposition of a process practices and makes complaint investigated by recommendations the Commission Page 5 of 10 Attachment D ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) regarding discipline, policies, procedures, and programs Long Beach, CA Investigatory 11 members appointed by Takes complaints on cases of Over $250,000 with 3 No access to personnel http://www.lon bg each.gov/c itymanager/cpcc/ Mayor, confirmed by City use of force, false arrest, sex, administrative staff, a director, files but reviews IA Citizen Complaint Council with 1 being from and race and assigns to and 2 investigators investigations Commission each district and 2 at -large investigator Conducts outreach 889 sworn) Reviews IA investigations and holds hearings to City Manager can make facilitate fact finding public the disposition of a process complaint investigated by the Commission 33 Council Memo — Civilian Oversight Review August 5, 2020 Page 34 Los Angeles, CA Hybrid (Investigatory and Auditor/Monitor) 5 civilians appointed by the Mayor and confirmed by City Reviews and monitors all personnel investigations; Staffing costs of 30 are approx. $6,000,000 Has access to personnel files and investigations; http://www.lapdonline.org//p olice_commission Board of Police Council conducts outreach and Sworn Police Officers) Commissioners Inspector General conducts issues reports investigations as directed by Office of the Inspector Board of Police General Commissioners; oversees, audits and periodically reports 9,858 sworn) on disciplinary system; conducts audits and special projects; reviews and approves or disapproves all officer - involved shootings and law enforcement related injuries or deaths; performs other assignments as directed by the Police Commissioners. May initiate and conduct investigations Page 6 of 10 Attachment D ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) 34 Council Memo — Civilian Oversight Review August 5, 2020 Page 35 New York, NY Hybrid (Investigatory and 15 members appointed by City Board's responsibilities are to 19.5 million supporting Access to personnel and https://wwwl.pyc.gov/site/c crb/index.pageAuditor/Monitor) Council, the public and the 1) receive, investigate, hear, 212 civilian employees investigatory files Civilian Complaint Review Mayor make findings and recommend Board action complaints against New Conducts outreach and York City police officers that issues reports 34,817 sworn) allege the use of excessive or unnecessary force, abuse of authority, discourtesy, or the use of offensive language; (2) issue semi-annual reports describing its activities and summarizing its actions; (3) inform and educate the public about the board and its duties; and (4) offer a mediation program Novato, CA Review 5 members appointed by Reviews citizen complaints No budget In appeal cases, https://www.novato.org/gov ernment/boards- City Council; all but one referred to by City Manager. Commission can review Police Advisory and Review must live within city limits Complainant can appeal to investigation report at PD commissions - Commission City Manager committees/police- advisory - and -review -boardNooutreach 60 sworn) Provides community participation in Police Department policies Page 6 of 10 Attachment D ATTACHMENT D - City -By -City Comparison Civilian Police Review System 35 Council Memo — Civilian Oversight Review August 5, 2020 Page 36 CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) Oakland, CA Hybrid (Investigatory and 9 members plus alternate The Board receives and 1.3 million for an executive No access to personnel files https://www.oaklandca.gov/ departments/community- Review) selected by Mayor and City investigates independently, director, a policy analyst, 3 but access to IA files Citizens' Police Review Council citizen complaints of police investigators and 3 intake police -review -agency Board misconduct. CPRB holds techs Conducts outreach and public hearings, makes issues public reports 674 sworn) findings and recom- mendations to the City Manager on individual complaints of police misconduct and makes policy recommendations to the Oakland Police Department. Palo Alto, CA Independent Investigatory Auditor selected by City Reviews citizen and internal Not to exceed $26,000 Full access to personnel https://www.cityofpaloalto.o rg/gov/depts/pol/auditor. aspManagerapprovedbyCityinvestigationsbyIA, assesses and IA files, along with Police Auditor (170 sworn) Council for objectivity, thoroughness other records and appropriateness of dispositions; can receive Conducts outreach complaint but refers to IA Riverside, CA Review 9 members appointed by Recommends improvements Members unpaid No access to personnel files; hM2s://www.riversideca.gov cityclerk/boards- City Council to policy, practices, and some access to IA file material Community Police Review procedures Operating budget of commissions/community- police -review -commissionCommission250,000 Does outreach and Conducts independent publishes reports 361 sworn) review of officer involved deaths and citizen complaints Can contract with independent investigator Page 8 of 10 Attachment D W Council Memo — Civilian Oversight Review August 5, 2020 Page 37 ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) Sacramento, CA Auditor/Monitor 11 members appointed by Monitors and tracks high 250,000 for director and No access to personnel files https://www.cityofsacramen to.org/Clerk/Legislative- City Council profile and serious support staff but access to IA files Community Police Review complaints, reviews Bodies/Boards-and- Commission completed IA investigations, Conducts outreach Commissions/Sacramento- Community -Police - and examines and critiques 696 sworn officers) the Department's efforts to Commission work within communities of color San Diego, CA Hybrid (Review and 23 members representing The Board reviews citizens' Over $100,000 a year for No access to personnel files hM2s://www.sandiego.gov/c ommunityreviewboardAuditor/Monitor) diverse backgrounds complaints against the Police Executive Director with but access to IA files Citizens Review Board of appointed by Mayor for 1 Department some administrative staff Police Practices year term Conducts outreach They also review all officer 1860 sworn) Mayor also appoints an involved shootings and in- Publishes reports Executive Director custody deaths Reviews policies and makes recommendations San Francisco, CA Investigatory Director and Board are Investigate complaints Over $5 million for 34 staff and No access to personnel files hM2s:Hsf ogvorg/dpa/ appointed by Police against San Francisco 15 investigators but access to IA files Office of Citizen Complaints Commission who in turn is police officers appointed by the Mayor and Conducts outreach 2,250 sworn) City Council It is staffed by civilians who have never been police Publishes reports officers in San Francisco Page 9 of 10 Attachment D 37 Council Memo — Civilian Oversight Review August 5, 2020 Page 38 ATTACHMENT D - City -By -City Comparison Civilian Police Review System CITY & NAME OF TYPE MEMBERSHIP DESCRIPTION COST COMPLEXITY WEBSITE COMMISSION (Number of Sworn Police Officers) San Jose, CA Auditor/Monitor No board; the Auditor is The office has four primary Over $1.2 million for 6 No access to personnel files haps://www.sanjoseca.gov/ appointed by Mayor and functions: (1) serves as an positions but access to IA files Office of the Independent City Council alternative forum for people to government/appointees/ind ependent-police-auditorPoliceAuditorfilecomplaints; (2) monitors Conducts outreach open investigations and upon 1,259 sworn) completion, audits the final Publishes reports investigation; (3) conducts community outreach; and 4) publishes semi-annual reports and recommends policy and procedural changes. The IPA conducts case-by-case reviews, requests further investigations, if needed, and disagreements with the findings are sent to the City Manager. Performance audits are conducted to assess compliance and to determine increases or decreases in similar complaints. OR Council Memo — Civilian Oversight Review August 5, 2020 Page 39 Santa Cruz, CA Review Auditor selected by City Reviews all internal and 54,000 on a limited Access to personnel files https://www.cityofsantacruz com/,government/city- 94 sworn) Council external IA investigations to schedule and IA files evaluate quality and departments/police/commu nity-policin /g independent - Independent Police Auditor thoroughness. Can sit in on Conducts outreach police -auditorinvestigationsandprovide feedback during active investigation. Reviews and makes recommendations to Department on policies and practices Page 10 of 10 Attachment D W Council Memo — Civilian Oversight Review August 5, 2020 Page 40 40