Ord 2022-004 Adopted Community Police Review Board

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Monitor, review, and provide input on police department policies, and receive reports from the police department on policies that indicate a need for review based on trends and data or that are, in the judgment of a majority of the board, of compelling community -wide concern. At the City Manager's exclusive discretion and direction, City employees shall cooperate with and assist the board and its staff with the gathering and receipt of public records as defined by the California Public Records Act relevant to the Board's function. Police department policy reviews may be initiated by either the independent police auditor or action by a majority of the board; (A) Notwithstanding the right to play a role in monitoring and reviewing police department policies, the board must refrain from any action or statement to prevent implementation of a police department policy that under State or Federal law is recommended by the Police Chief to take immediate effect or required to take immediate effect. (B) Notwithstanding the right to play a role in reviewing and monitoring police department policies pertaining to personnel matters, the board must refrain from (i) directly or indirectly taking active participation in personnel matters; (ii) taking personnel actions; (iii) using or misusing records developed to take personnel actions; and/or (iv) directing that action be taken on police department employees. (C) Notwithstanding any other rights or functions contained herein, including the receipt and referral of Penal Code Section 832.5 complaints, the board must refrain from drafting or submitting any subpoena or soliciting a second legal opinion on a matter after receiving an opinion from the City Attorney without first submitting such request to the City Manager who shall forward it to the City Council. 4. Upon notice of vacancy for the position of Chief of Police, receive from the City Manager a report on the job requirements, application process, and evaluation criteria of candidates for the Chief of Police, and make recommendations to the City Manager regarding the job requirements, application process, and evaluation criteria. 1-3-1760 Independent Police Auditor There is hereby established an independent police auditor, who is appointed by and is a direct report to the City Manager, who shall perform the following functions: (a) Serve as an independent monitor of the police department. (b) Participate in all internal affairs and administrative review processes conducted by the police department. The independent police auditor shall receive immediate notification of all critical incidents and may at its discretion provide advice to the police department's administrative investigations team during its internal affairs investigation, and shall receive all of the same documents and records as the police department's administrative investigators. (c) Serve as the law enforcement subject matter expert to the board. The independent police auditor shall assist the board with classifying Penal Code Section 832.5 complaints; analyze for the board local, State, and national police data and trends; make expert recommendations to the board and the Police Chief on police department policies, with specific expert recommendations pertaining to investigations, training, and discipline ORDINANCE NO. 2022-004