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Council to consider additional police oversight duties for Fire and Police Commissioners
DAVE MASON / NEWS-PRESS FILEThe Santa Barbara City Council is set to take up a proposed ordinance that would assign additional civilian police oversight duties to the Board of Fire and Police Commissioners.
The City Council today will take up a proposed ordinance to assign additional civilian police oversight duties to the Board of Fire and Police Commissioners in an effort to provide more transparency and include more public input to the oversight process.
The council will meet at 2 p.m. in chambers, 735 Anacapa St.
In addition to considering staff’s recommendation to adopt the ordinance, the council will be asked to authorize and direct the City Clerk’s Office to accept applications through Thursday, Nov. 10 at 5 p.m. for the special recruitment of five members to the Fire and Police Commission.
“The proposed Ordinance answers Council’s direction to incorporate additional police oversight duties and authorities to the existing Fire and Police Commission (Commission),” staff said in its report to the council. “In addition to making policy and budget recommendations regarding the Police and Fire Departments, the Ordinance now specifies the type and frequency of reporting to the Commission.”
This includes reports detailing the total number and type of internal and external complaints received and subsequent action taken, as well as the number of officers disciplined and the level of discipline imposed.
The commission will also review and discuss individual investigations in open session with the police chief, once investigations are disclosable under the California Public Records Act.
Moreover, the police chief will make presentations to the commission regarding any officer-involved shootings. Those presentations will occur once the agency conducting such an investigation makes its determinations of findings.
The proposed ordinance also prioritizes community participation and engagement as a key component of strengthening understanding of the Police Department and the Fire Department, staff said.
The draft ordinance has received extensive public review. Both the public comment process and the Ordinance Committee review resulted in significant changes to the original proposal, largely in response to public comments.
Changes in the proposed ordinance resulting from the public comment process are: potential application exclusion of any member of the public, where relevant or comparable, who has a sustained finding of serious misconduct; elimination of the specific reference to excluding eligibility to individuals on active probation or parole; and additional language that does not exclude individuals with a criminal history, but rather provides reference to a section of the Municipal Code as guidance to the council in its consideration of appointments to the Commission.
Additional language based on public input emphasizes that community-based leaders and organizations would be utilized to facilitate commissioner training, as appropriate; extends the time for commissioners to complete ride-alongs with the Police and Fire Departments from three months to nine months as part of a comprehensive orientation and training program; adds timing specifications to the availability and presentation of data reports to the commission; and delineates the power to issue subpoenas as not pertaining to personnel-related, independent investigations.
The changes directed by the Ordinance Committee on Sept. 27, include adopting all red-line edits proposed in a public comment email sent on Sept. 25 by Gabe Escobedo, Louisa Wood and Rachel Johnson, former members of the Community Formation Commission. The proposed changes include the following:
* Excluding commission membership for all former law enforcement officers and firefighters who have served for any agency within Santa Barbara County. This includes any municipality or county agency.
* Eliminating the requirement to participate in both a four-hour minimum day shift and four-hour minimum night shift ride-along with the Police Department.
* Allowing for “or equivalent, immersive experience” to ride-alongs with the Police and Fire Department.
* Adding to the number “and nature” of complaints investigated that did not result in discipline of the subject officer on a yearly basis.
* Including a new section that states the Commission “can request to collect data or information relevant to Police Department or Fire Department practices that are relevant to fulfilling its powers and duties.” The data shall be presented and accessible during public meetings of the commission to the extent allowed by State law.
The proposed ordinance also includes additional language that more clearly delineates the police monitor role in the City Administrator’s Office.
On June 6, the City Council directed staff to incorporate additional duties and authorities for police oversight into the existing Fire and Police Commission. City Council also assigned police monitoring responsibilities to the City Administrator’s Office (CAO). Additionally, Council approved an audit of the Police Department that is underway and being facilitated by the Office of Independent Review (OIR) Group.
Furthermore, the council voted to reconstitute the Fire and Police Commission, which will end the term of service for current commissioners. The City Clerk’s Office will be facilitating the appointment of new commissioners. This special recruitment is necessary because of the commission’s new responsibilities and requirements required by the proposed ordinance.
The city is also in the process of vetting Independent Police Monitor professionals to retain and advise the CAO in the first year of taking on additional police oversight responsibilities, as directed by council.
email: nhartstein@newspress.com
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