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SB City Council OKs police oversight ordinance


Link [2022-10-12 17:44:55]



DAVE MASON/NEWS-PRESSSanta Barbara Police Chief Kelly Ann Gordon talks to the Santa Barbara City Council during a discussion of a police oversight ordinance.

The Santa Barbara City Council voted unanimously Tuesday to approve a landmark ordinance assigning additional civilian police oversight duties to a newly constituted Board of Fire and Police Commissioners to improve transparency and public trust.

The council also authorized and directed the City Clerk’s Office to accept applications through 5 p.m. Nov. 10 for the special recruitment of five members to the new Fire and Police Commission. The city’s goal is to have the new commission up and running in January.

Council members made sure that, with a few exceptions, anyone can apply to be a commissioner, regardless of whether they worked as a firefighter or law enforcement officer in Santa Barbara County or outside the county.

Council members also agreed that new commissioners should go on ride-alongs with police officers and firefighters, while at the same time making sure that other accommodations for an equivalent immersive experience would be made available to those who decide to forego that experience.

Despite debate over those two issues, and questions about the role of an independent police monitor, council members and others lauded Tuesday’s impending passage of the oversight ordinance that took years to come to a full council vote.

“This is such a significant vote taken today,” Councilmember Meagan Harmon said. “It took years to get here after years of advocacy and tons of public input. Many people said this would never end up at a vote or become an ordinance. It is truly momentous.

“It’s not everything everybody wants, but it’s the most significant step toward meaningful civilian oversight in our city’s history. It means a whole lot to me and to a lot of you as well.”

DAVE MASON/NEWS-PRESSAs Police Chief Kelly Ann Gordon listens, Barbara Andersen, senior assistant to City Administrator Rebecca Bjork, talks to the Santa Barbara City Council about the new Board of Fire and Police Commissioners.

Councilmembers, as well as public speakers, debated an earlier Ordinance Committee vote to exclude anyone who worked in Santa Barbara County as a law enforcement officer or firefighter from applying to be a commissioner, as well as police or firefighters who worked outside the county unless they were off the force for at least five years.

Those who supported the exclusion were concerned about the perception of bias a commissioner/former police officer might have while reviewing the case of another police officer named in a civilian complaint, because they might consider them part of the “family” they themselves belonged to while on the job. Some people, they said, have a mistrust of law enforcement anyway because of bad experiences dealing with them, and so would not trust a former police officer to judge the accused officer impartially.

Others, however, resented the allegations of potential bias. Eric Beecher, president of the Santa Barbara Police Officers Association, said the “positive experience” of a former officer sitting on the commission “who was willing to give his life in defense of strangers” could prove invaluable to the board. “They could be a valuable resource.”

Barbara Andersen, senior assistant to City Administrator Rebecca Bjork, said the council has the ultimate authority to decide who sits on the commission and can include or exclude anyone it wants. She spoke, however, in favor of staff’s recommendation to keep the application process open to just about anyone, while discouraging the naming of a former officer found guilty of sustained serious misconduct.

Most everyone who spoke, including council members, said there simply is no comparable experience to going on police ride-alongs to see first-hand what officers go through on a day-to-day basis.

Councilmember Oscar Gutierrez recalled his experience riding with police on a New Year’s Eve. “It took me well over a month to process that,” he said.

Mayor Randy Rowse listens during the discussion of the police oversight ordinance.

The third issue discussed was the role of an independent police monitor who receives and processes complaints about alleged police misconduct, provides an ongoing analysis of complaint trends, and prepares reports for the commission in coordination with the police department.

In response to questions by Councilmember Alejandra Gutierrez, Ms. Bjork said she appointed Ms. Andersen after a careful search, and that she is up to speed on what it takes. Nevertheless, an outside expert will be retained to guide the monitoring process, Ms. Bjork said.

Ms. Andersen told the council the ordinance was the result of 13 months of work, research and deliberations by council, staff, members of the former Community Formation Commission, members of the former Police and Fire Commission and other stakeholders, as well as public input.

“We’re moving forward quickly,” she said. “We don’t want to lose momentum” for a process she said represents “historic progress for the City of Santa Barbara.”

“What we’re trying to achieve is … to meet the highest expectations for transparency and accountability,” especially for those in the community who have trust issues concerning the police.

Police Chief Kelly Gordon said her department believes in the importance and strengthening of community oversight, but at the same time praised the “phenomenal” public servants and first responders who work for her. “That is a 100% true statement,” she said.

Under the new ordinance, 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, will be provided to the commission for its review.

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 finding.

email: nhartstein@newspress.com

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