8I Consent 2009 0706 - Laserfiche WebLink

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CITY OF SAN LEANDRO STAFF REPORT DATE: July 6, 2009 TO: Stephen Hollister, City Manag FROM: Jayne Williams, City Attorney ~ SUBJECT/DESCRIPTION: APPROVED AND FORWARDED TO CITY COUNCIL tephen L. Hollister City Manager RESOLUTION OF THE CITY OF SAN LEANDRO ADOPTING A POLICE DEPARTMENT POLICY FOR THE INVESTIGATION OF CITIZEN COMPLAINTS OF SEXUAL HARASSMENT BY POLICE OFFICERS SUMMARY AND RECOMMENDATION It is recommended that the City Council adopt the attached Resolution as a condition to the settlement of litigation in the matter of Starlah Burke v. City ofSan Leandro, et al.. United States District Court for the Northern District of California, Action Number CV 07-6142 JL . BACKGROUND and DISCUSSION: In 2007 and 2008 two lawsuits were filed in federal court against the City of San Leandro and present and former police officers by Starlah Burke and Jennifer Acuna. The female plaintiffs in both actions alleged that they were sexually harassed and assaulted by a former San Leandro police officer while he was on duTy, and other civil rights violations. On June 25, 2009, the parties participated in a judicial mediation that resulted in a settlement of the litigation within the parameters authorized by the City Council in closed session. In full settlement and release of the litigation, the matter of Jennifer Acuna v. City of San Leandro, et al. United States District Court for the Northern District of California, Action Number CV 08-1020 JL has been resolved for a total amount of $92,500.00; and the matter of Starlah Burke v. City of San Leandro, et al. has been resolved for a total amount of $95,000.00. In addition, the City has agreed as a condition of the Burke settlement, to adopt a policy to have an outside firm of investigators handle any investigation of a citizen's complaint against any San Leandro police officer who is alleged to have sexually harassed that citizen while the officer was acting in the apparent course and scope of his/her employment. The results of that investigation, including any recommendation of discipline, shall be made to the City Attorney, the City Manager and the Chief of Police. All of the rights of the accused officer under POBAR and existing law must still be observed. The City must then consider the findings of the outside investigator when deciding if those findings should thereafter be adopted. The City is free to conduct its own internal investigation into the allegations simultaneously with the outside