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Item 15 - Ordinance Establishing a Police Review Commission
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Item 15 - Ordinance Establishing a Police Review Commission
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8/14/2023 10:39:07 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
15
Date
11/1/2022
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Police Oversight Ordinance <br />November 1, 2022 <br />Page 4 <br />3 <br />0 <br />1 <br />9 <br />– “The Oversight Director shall review and investigate . . . [The remaining <br />portion of this Section would remain the same.] <br />Appointment of the Independent Oversight Director <br />• Authorizes the appointment of Independent Oversight Director with the following <br />powers and duties: <br />– Conduct investigations when directed by the Commission after receiving a <br />complaint, tort claim, or lawsuit. <br />– Request and review citizen complaints, use of force reports, and other <br />pertinent documents. <br />– Conduct audits and investigations in a fair, objective, impartial, and ethical <br />manner, in compliance with POBR, and prepare written reports (in <br />compliance with state law). <br />– Discuss findings in strict compliance with state laws. <br />• Budget and support. <br />– Requires that the City Manager recommend a budget for the Commission <br />as part of the annual budget process. <br />Access to Police Department records, data and reports <br />• Commission and Independent Oversight Director shall have access to police <br />department records, data and reports. <br />Rules and Records <br />• Rules and records are to be developed by the Commission, in consultation with <br />the Independent Oversight Director and City Manager. <br />Differences between 10/18 Draft and 11/1 Final Version <br />At the October 18 meeting, the City Attorney received direction from a majority of the <br />City Council to make the following changes to the draft ordinance presented at the <br />October 18 meeting and return to the City Council with a final ordinance incorporating <br />those changes. The ordinance (Exhibit 1) and ordinance summary above reflect those <br />changes, and the changes are highlighted below: <br />•Qualifications of Commissioners (sec. 2-662): <br />o Allow peace officers who have been separated from their governmental <br />entity/employer for at least five years to serve on the Commission. <br />▪Allow no more than one peace officer at a time to serve on the <br />Commission. <br />o Remove the prohibition on government employees. <br />•Various: Add “subject to…” Language <br />o Sec. 2-665(e), (f), (l), Sec. 2-666(d), Sec. 2-668, and Sec. 2-669: Add <br />“subject to the restrictions under state laws” <br />•Powers and Duties of the Police Oversight Commission (sec. 2-665) <br />o Of the menu items presented at the October 18 meeting, select the first <br />subsection (b).
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