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<br />RFP No. 59548 Page 42 of 40 <br /> <br /> <br />implementation of a police department policy that under State or Federal law is <br />recommended by the Police Chief to take immediate effect or required to take immediate <br />effect. <br /> (B) Notwithstanding the right to play a role in reviewing and monitoring police <br />department policies pertaining to personnel matters, the board must refrain from (i) <br />directly or indirectly taking active participation in personnel matters; (ii) taking <br />personnel actions; (iii) using or misusing records developed to take personnel actions; <br />and/or (iv) directing that action be taken on police department employees. <br /> (C) Notwithstanding any other rights or functions contained herein, including the receipt <br />and referral of Penal Code Section 832.5 complaints, the board must refrain from <br />drafting or submitting any subpoena or soliciting a second legal opinion on a matter after <br />receiving an opinion from the City Attorney without first submitting such request to the <br />City Manager who shall forward it to the City Council. <br />4. Upon notice of vacancy for the position of Chief of Police, receive from the City Manager <br />a report on the job requirements, application process, and evaluation criteria of <br />candidates for the Chief of Police, and make recommendations to the City Manager <br />regarding the job requirements, application process and evaluation criteria. <br />1-3-1760 Independent Police Auditor <br /> There is hereby established an independent police auditor, who is appointed by and is a direct <br />report to the City Manager, who shall perform the following functions: <br />(a) Serve as an independent monitor of the police department. <br />(b) Participate in all internal affairs and administrative review processes conducted by the police <br />department. The independent police auditor shall receive immediate notification of all critical <br />incidents and may at its discretion provide advice to the police department’s administrative <br />investigations team during its internal affairs investigation, and shall receive all of the same <br />documents and records as the police department’s administrative investigators. <br />(c) Serve as the law enforcement subject matter expert to the board. The independent police <br />auditor shall assist the board with classifying Penal Code Section 832.5 complaints; analyze <br />for the board local, State, and national police data and trends; make expert recommendations <br />to the board and the Police Chief on police department policies, with specific expert <br />recommendations pertaining to investigations, training, and discipline policies; assist the <br />board with the preparation of the board’s annual report and workplan; and in collaboration <br />with the City Manager support the board’s public outreach activities. <br />(d) Recommend, with the Police Chief’s and the specifically affected police department <br />personnel’s written consent, referrals for voluntary and confidential mediation of specific <br />complaints to community based mediation services provided by trained or certified mediators. <br />1-3-1770 Qualifications of the Independent Police Auditor <br />(a) Subject to the discretion and judgment of the City Manager, the independent police auditor <br />shall at a minimum have professional experience, certifications, and other qualifications <br />specifically related to law enforcement agency personnel investigations, and California law <br />related to the Public Safety Officer’s Procedural Bill of Rights Act (California Government <br />Code Section 3300 et seq.).