O26621
City Council Meeting: January 26, 2021 Santa Monica, California
ORDINANCE NUMBER 2662 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.50 TO
ESTABLISH A PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION
WHEREAS, on June 9, 2020, the City Council unanimously voted to sign on to the
Obama Foundation Mayor’s Pledge to engage the public in review and reform of public
safety and policing, including police use of force policies; and
WHEREAS, on July 10, 2020, the Interim City Manager, following a publicly
noticed application process, appointed a 15-member Public Safety Reform Advisory
Committee (“PSRAC”) that was tasked with crafting recommendations regarding reforms
to the City’s approach to public safety and policing, including in particular
recommendations regarding the Santa Monica Police Department’s (“SMPD’s”) use of
force policies and changes that should be made to the City’s budget to better achieve
public safety and wellbeing; and
WHEREAS, on July 22, 2020, the PSRAC held its first meeting and created
subgroups for six areas of key concern: civilian oversight, use of force, alternate
responses, culture and training, community engagement, and budget allocations; and
WHEREAS, the PSRAC engaged in an extensive process to receive community
input, evaluate reform proposals, and make recommendations on reforms to City policies
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and practices concerning public safety and wellbeing, including meetings with residents,
community groups, experts, and SMPD representatives, and review of reports, articles
and studies concerning best practices for 21st Century community-oriented policing; and
WHEREAS, on September 1, 2020, thirteen members of the PSRAC issued a 25-
page document, setting out its recommendations (“PSRAC Recommendations”), with a
4-page appendix with additional detail regarding recommendations for civilian oversight,
a 15-page appendix with additional detail for recommendations regarding modifications
to use of force policies, and a 3-page appendix setting out additional suggestions from
individual committee members; and
WHEREAS, on September 2, 2020, the two SMPD officers who were part of the
PSRAC issued an 11-page response to the PSRAC Recommendations noting certain
recommendations they believed were already implemented or had plans in place for
implementation, certain recommendations they supported, and certain recommendations
they believed required additional review and exploration; and
WHEREAS, with respect to civilian oversight, the PSRAC Recommendations were
the establishment of a nine-voting-member (with two additional non-voting members)
Civilian Public Safety Oversight and Reform Commission whose mission would be to
promote the safety and wellbeing of people in Santa Monica in collaboration with SMPD,
help provide oversight of the SMPD, and co-produce public safety by implementing the
best practices in community-oriented policing for the fair treatment, safety, and wellbeing
of all, and whose scope of activities would include: (1) review SMPD policies and practices
and make recommendations for the improvement of public safety and wellbeing; (2)
collaborate with SMPD to sponsor and/or promote ongoing interaction between SMPD
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and community members, including restorative justice, mediation, and trust building; (3)
review and provide input on the biannual proposed budget for the SMPD; (4) promote
transparency of SMPD data and publication of vital data and records to the public; (5)
evaluate ideas for reimagining public safety and wellbeing and make recommendations
to the City Manager; and (6) review disciplinary proceedings and final actions taken by
SMPD for violations of policies; and
WHEREAS, on September 8, 2020, the City Council received updates on racial
equity work undertaken in Santa Monica since June 9, 2020, including a report on the
PSRAC Recommendations, and recommendations from staff on actions to be taken in
response to the PSRAC Recommendations, including a recommendation from staff that
the Council direct staff to return with a draft ordinance to create and establish a nine-
member Police Engagement and Accountability Commission to be tasked with the
following responsibilities: (1) collaborating with SMPD to sponsor and promote ongoing
interaction between SMPD and community members, including initiating restorative
justice, mediation, and/or trust building programs; engaging and educating residents,
through neighborhood associations and other community groups, to modify residents’
concept of public safety, relationship with public safety providers, and use of police
services; and developing a sustained program of community engagement; (2)
implementing and promoting a community anti-bias program to raise awareness about
biased reporting of perceived criminal behavior and reduce community calls that
disproportionately and unfairly single out individuals of color; (3) promoting transparency
of SMPD data and records; (4) reviewing and providing input on use of force policies;
and; (5) and working with SMPD, the City Attorney’s Office, the City Manager’s Office,
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and experts to develop, recommend and implement a mechanism for community
accountability related to disciplinary proceedings and final actions taken by SMPD for
violations of policy; and
WHEREAS, on September 8, 2020, the City Council unanimously voted to direct
staff to return with a draft ordinance to create and establish a standing commission, with
11 members, with their purview to be based on the PSRAC Recommendations; and
WHEREAS, on January 12, 2021, the City Council conducted a public hearing on
a proposed ordinance to establish a Public Safety Reform and Oversight Commission;
and
WHEREAS, Section 1000 of the Santa Monica Charter authorizes the City Council
to create by ordinance such advisory boards or commissions as in its judgment are
required, and grant them such powers and duties as are consistent with the provisions of
the Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.50 is hereby added to the Santa Monica Municipal Code
to read as follows:
Chapter 2.50 Public Safety Reform and Oversight Commission
2.50.010 Findings and Purpose
The City Council finds and declares:
(a) Community-oriented policing envisions an environment where law
enforcement co-produces public safety with the community and views police as guardians
of public safety, not warriors;
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(b) Community-oriented policing relies on development of trust and legitimacy
between the police and the community and this trust building involves being transparent,
promoting procedural justice, and involving the community in policy setting and oversight
of police activities;
(c) The establishment of a Public Safety Reform and Oversight Commission
will provide a vehicle to promote, in partnership with the Santa Monica Police Department
(SMPD), the best practices in community-oriented policing for the fair treatment, safety,
and wellbeing of all; and
(d) The establishment of a Public Safety Reform and Oversight Commission
will provide a body to work with SMPD and experts to develop, recommend, and help
implement proposed reforms for handling complaints regarding SMPD conduct, including
proposed reforms for the intake, review, and investigation of, and oversight of disciplinary
decisions and policies relating to, such complaints.
2.50.020 Creation of Public Safety Reform and Oversight Commission
(a) Pursuant to Section 1000 of the City Charter, a Public Safety Reform and
Oversight Commission is created. The Commission shall consist of eleven members and
shall be appointed by the City Council. In addition to the requirements for appointment
of commissioners set out in this Section below, the Commission and commissioners shall
be subject to all the terms of Article X of the City Charter setting forth procedures for
appointment of commissioners, terms, and meetings.
(b) All commissioners shall:
(1) reside in the City;
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(2) have a significant commitment to the public safety and wellbeing of the
City and those who reside, work, are students, or own property in the City;
and
(3) have knowledge of or experience with law enforcement, public safety
policies and issues, or social services policies and issues.
(c) At all times, two commissioners shall be individuals who were between the
ages of 18 and 22 at the time of appointment. These commissioners shall not be required
to have knowledge or experience satisfying subsection (b)(3) above at the time of
appointment.
(d) Persons holding any paid office or employment in the City government,
including but not limited to sworn officers and non-sworn employees of the SMPD, shall
not be eligible to serve as commissioners. Practicing attorneys who handle, or are
members of firms or entities that currently handle, criminal or civil matters involving the
SMPD also shall not be eligible to serve as commissioners.
(e) Within one year of appointment, each commissioner shall participate in training
relevant to providing oversight of law enforcement and to the understanding of racial
justice. Such training shall include participation in the SMPD Community Academy. The
Commission shall identify reasonable additional required training, which may include
programs offered by the National Association of Civilian Oversight of Law Enforcement,
the Association of Local Government Auditors, entities with experience providing racial
justice training, or other similar bodies.
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2.50.030 Staff and Support
(a) The Commission shall be supported by an Inspector General, who shall be a
contractor retained by the City Manager’s Office but shall report to and receive direction
from the Commission.
(1) The Inspector General shall be required to satisfy background check
requirements sufficient to enable access to criminal history and other law
enforcement sensitive information as well as SMPD disciplinary records and
personnel files, including the disciplinary records and personnel files of
sworn SMPD officers.
(2) The Inspector General shall have access to and may review SMPD
disciplinary records and personnel files, including the disciplinary records
and personnel files of sworn SMPD officers, for the purpose of gathering
information regarding compliance with, or violations of, procedures and
policies governing disciplinary investigations and actions. To the extent
permitted by State and Federal law, the Inspector General may disclose
information and make reports to the Commission regarding compliance
with, or violations of, procedures and policies governing disciplinary
investigations and actions.
(3) The Inspector General shall have access to SMPD data and records
regarding uses of force, stops, arrest, convictions, and such other matters
as the Commission may request. To the extent permitted by State and
Federal law, the Inspector General may disclose information and make
reports to the Commission regarding these matters.
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(b) The SMPD, City Manager’s Office, and City Attorney’s Office shall assign staff
liaisons to assist the Commission, including to assist in obtaining City data and
information needed by the Commission.
(c) The Police Chief or their authorized representative shall be present at each
Commission meeting.
2.50.040 Powers and Duties
The Commission shall have the power and the duty to:
(a) Review SMPD policies and practices and make recommendations
regarding those policies and practices to the Police Chief, City Manager, and City Council.
(b) Working through the Inspector General, receive information relating to any
violations of procedures or policies in connection with disciplinary investigations,
proceedings, and actions, and make recommendations regarding any such violations to
the Police Chief, City Manager, and City Council.
(c) Collaborate with the SMPD to sponsor and promote ongoing interaction and
trust building between the SMPD and community members, including providing channels
and opportunities for ongoing dialogue between the SMPD and community members in
both organized and informal settings.
(d) Promote transparency and availability to the public of SMPD data and
records.
(e) Collaborate with the SMPD and the community to promote restorative
justice.
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(f) Evaluate and make recommendations to the Police Chief, City Manager,
and City Council regarding ideas for implementing best practices in community-oriented
policing and reimagining public safety and wellbeing.
(g) Review and make recommendations to the Police Chief, City Manager, and
City Council regarding the proposed budget for the SMPD.
2.50.050 Funding and Budget
(a) The annual budget prepared by the City Manager and approved by the City
Council shall contain such appropriations as the City Council deems necessary and
appropriate to enable the Commission to exercise its powers and provide commissioners
with reasonable training required in accordance with Section 2.50.020(e) above.
(b) Any donations or grants solicited by the Commission shall be deposited in
a special account in the Special Revenue Fund to be expended only for the activities of
the Commission.
2.50.060 Cooperation with Other Groups and Individuals
The Commission shall coordinate its activities with other Boards and Commissions
and shall consult and maintain contact with groups and individuals who are concerned
with the planning and provision of oversight regarding law enforcement activities and with
groups and individuals who are concerned with the public safety and wellbeing of the City
and those who reside, work, are students, and own property in the City.
2.50.070 Reports
The Commission shall render written reports of its activities to the City Council not
less than once every six months and at such other times as requested by the City Council.
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2.50.080 Transition Provisions
(a) In accordance with Section 1002 of the City Charter, of the commissioners
first appointed to the Commission:
(1) The two commissioners between the age of 18 and 22 when appointed
shall classify themselves by lot such that one shall serve a term expiring on the
second succeeding July 1, and the other shall serve a term expiring on the fourth
succeeding July 1.
(2) The other 9 commissioners shall classify themselves by lot such that
two shall serve terms expiring on the next succeeding July 1, two shall serve terms
expiring on the second succeeding July 1, two shall serve terms expiring on the
third succeeding July 1, and three shall serve terms expiring on the fourth
succeeding July 1.
(b) Within 150 days after the first official meeting of the Commission, the
Commission shall prepare and present to the Police Chief, City Manager, and City Council
a set of initial recommendations regarding proposed reforms for handling complaints
regarding SMPD conduct, including proposed reforms for the intake, review, and
investigation of complaints and the oversight of disciplinary decisions and policies.
SECTION 2. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
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court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 26th day of January, 2021.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2662 (CCS) had its
introduction on January 12, 2021 and was adopted at the Santa Monica City
Council meeting held on January 26, 2021, by the following vote:
AYES: Councilmembers Parra, Davis, McKeown, Brock, De la Torre,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2662 (CCS) was duly published pursuant
to California Government Code Section 40806.
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2/8/2021