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65D - POLICE OVERSIGHT
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65D - POLICE OVERSIGHT
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12/15/2020 9:07:00 AM
Creation date
12/15/2020 9:01:38 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
65D
Date
12/15/2020
Destruction Year
2025
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Informational Report: Police Oversight Mechanisms <br />December 15, 2020 <br />Page 3 <br />commission may make findings because of such investigations and make specific <br />recommendations to administrators regarding discipline and/or policy. <br />Advantages — Ability to provide increased public confidence in misconduct investigations and <br />give the community a greater sense of inclusion. Provides additional oversight as investigations <br />and findings come from an agency other than the police department. <br />Disadvantages — Members must be highly trained and willing to spend a considerable amount <br />of time to conduct fair, unbiased, and consistent investigations. Substandard investigations can <br />create significant problems for the community and police department. The board or commission <br />must have the ability to compel evidence (subpoena) and the ability to hear testimony from <br />officers. Would require significant and adequate funding to function properly. <br />Police Oversight Models without Investigatory Powers <br />The same 2001 report summarizes police oversight models without investigatory powers as <br />follows: <br />This model consists of members who review police misconduct investigations to determine whether <br />they were conducted appropriately and adequately. Members agree or disagree with findings of <br />the internal affairs investigation and may make recommendations. This type may also provide <br />proposals or recommendations regarding departmental policies. <br />Advantages— Boards or commissions without investigatory powers can produce findings more <br />quickly than an investigatory model. This model also provides an opportunity for residents to <br />be directly involved and have input on policy issues. <br />Disadvantages — A large amount of labor and time is required for those serving on the board or <br />commission. Members must have some knowledge and training to identify problems in complex <br />investigations. Without investigatory powers, the board or commission is limited to the evidence <br />and investigation conducted by Internal Affairs. Members may feel obligated to pursue specific <br />agendas or policies. <br />City with Police Oversight with Investigatory Powers: Berkeley, CA <br />City: Berkeley, CA <br />Police Oversight Mechanism Name: Police Review Commission <br />Classification: Investigation -Focused Model <br />Scope of Authority / Responsibility: <br />• To advise and make recommendations to the public, the City Council, and the city manager <br />• To review and make recommendations concerning all written and unwritten policies, <br />practices and procedures of whatever kind and without limitation, in relation to the Berkeley <br />Police Department, other law enforcement agencies and intelligence and military agencies <br />operating within the City, and law enforcement generally <br />65D-3 <br />
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