O26861
City Council Meeting: January 11, 2022 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.50
THAT ESTABLISHED A PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION
WHEREAS, on January 26, 2021, the City adopted Ordinance No. 2662 (CCS),
which enacted Santa Monica Municipal Code Chapter 2.50, establishing a Public Safety
Reform and Oversight Commission (“Commission”); and
WHEREAS, as part of the establishment of the Commission, SMMC Section
2.50.030 provides for the Commission to be supported by, and defines the support to be
provided by, an Inspector General; and
WHEREAS, on or about July 23, 2021, the Santa Monica Police Officers’
Association (“SMPOA”) filed with the California Public Employment Relations Board
(“PERB”) an unfair labor practice charge, SMPOA v. City of Santa Monica, No. LA-CE-
1535-M (the “ULP”), alleging that the City violated the Meyers-Milias-Brown Act,
Government Code Section 3500, et seq. (“MMBA”), by not meeting and conferring with
SMPOA prior to the establishment of the Commission and Inspector General; and
WHEREAS, the City disputes the claims in the ULP and contends that the
establishment of the Commission and Inspector General did not trigger meet and confer
obligations under the MMBA because, given the nature of their powers and duties as set
forth in SMMC Chapter 2.50, their establishment did not fall within the scope of
2686
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representation or result in significant and adverse impacts or effects on matters within the
scope of representation; and
WHEREAS, the City wishes to amend SMMC Chapter 2.50 to clarify the scope of
powers and duties of the Commission and Inspector General and modify the composition
the Commission to resolve the claims in the ULP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.50.010 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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, the Santa Monica Police Officers Association
(SMPOA), 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.
SECTION 2. Section 2.50.020 of the Santa Monica Municipal Code is hereby amended to
read as follows:
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.
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(b) All commissioners shall:
(1) Reside in the City;
(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 eighteen and twenty-two 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) In addition to the eleven voting commission members, there shall be one
additional ex officio non-voting commission member who shall be an individual who meets
the criteria set forth in subsections (b) and (e) of this Section and is jointly recommended
by the Police Chief and the SMPOA. If the Police Chief and SMPOA cannot agree on a
recommendation, this ex officio position shall remain unfilled.
(e) 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.
(f) Within one year six months of appointment, each commissioner shall participate
in training relevant to providing oversight of law enforcement and to the understanding of
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racial justice. Such training shall include participation in the SMPD Community Academy.;
a training session of two hours or less presented by the SMPOA that will address topics
including the rights of police officers under the Police Officers Bill of Rights; and The
Commission shall identify reasonable additional required training as identified by the
Commission, 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.
The Commissioners initially appointed to the Commission shall have until May 31, 2022 to
complete the required training. Failure to complete required training will result in removal
from the Commission.
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SECTION 3. Section 2.50.030 of the Santa Monica Municipal Code is hereby amended to
read as follows:
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. The Inspector
General may gather information from ongoing disciplinary investigations or
actions but will not participate in those disciplinary investigations or 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
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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.
(4) The Inspector General may not disclose to the Commission or third
parties SMPD disciplinary records or personnel files, or information
gathered from the Inspector General’s review of such files, except to the
extent permitted by State and Federal law.
(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.
SECTION 4. Section 2.50.040 of the Santa Monica Municipal Code is hereby amended
to read as follows:
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) The Commission will not participate in disciplinary investigations,
proceedings, or actions, or sit on promotional boards, and may not make
recommendations regarding the initiation of any individual disciplinary investigation, the
imposition of discipline in any individual disciplinary action, or any individual promotion.
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Working through the Inspector General, however, the Commission may receive
information relating to any violations of procedures or policies in connection with
disciplinary investigations, proceedings, and actions, and make recommendations for
changes in procedures or policies regarding any such violations to the Police Chief, City
Manager, and City Council. The Commission may also refer individuals to the SMPD to
submit complaints through the SMPD’s established procedures for receiving and
addressing complaints about the conduct of SMPD officers, and may provide to
individuals information regarding how to submit such complaints.
(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, to the extent consistent with State and Federal law, and make recommendations
to the City Council regarding potential changes to State and Federal law to promote
transparency.
(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.
SECTION 5. Section 2.50.050 of the Santa Monica Municipal Code is hereby amended to
read as follows:
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 fund the Inspector General; enable the Commission to exercise its powers and
duties as set forth in Section 2.50.040 above; 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.
SECTION 6. Section 2.50.070 of the Santa Monica Municipal Code is hereby amended to
read as follows:
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.
Such written reports shall be provided to the Police Chief, City Manager, and a designated
representative of the SMPOA at least 72 hours before the Commission meeting at which they are
considered for adoption by the Commission for presentation to the City Council.
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SECTION 7. Section 2.50.080 of the Santa Monica Municipal Code is hereby amended to
read as follows:
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 1st, and the other shall serve a term expiring on the fourth
succeeding July 1st.
(2) The other nine commissioners shall classify themselves by lot such that
two shall serve terms expiring on the next succeeding July 1st, two shall serve terms
expiring on the second succeeding July 1st, two shall serve terms expiring on the
third succeeding July 1st, and three shall serve terms expiring on the fourth
succeeding July 1st.
(b) Within one hundred eighty fifty 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.
These recommendations shall be provided to the Police Chief, City Manager, and a
designated representative of the SMPOA at least 72 hours before the Commission
meeting at which they are considered for adoption by the Commission.
SECTION 8. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
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and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 9. 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
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 10. 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:
JOSEPH LAWRENCE
Interim City Attorney
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Approved and adopted this 11th day of January, 2022.
_____________________________
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. 2686 (CCS) had its introduction
on December 14th, 2021 and was adopted at the Santa Monica City Council
meeting held on January 11th, 2022, by the following vote:
AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra,
Mayor Himmelrich, Mayor Pro Tem McCowan
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2686 (CCS) was duly published pursuant to
California Government Code Section 40806.
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1/12/2022