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SR 01-12-2021 7A City Council Report City Council Meeting: January 12, 2021 Agenda Item: 7.A 1 of 21 To: Mayor and City Council From: Lane Dilg, Interim City Manager, City Manager's Office Subject: Introduction and First Reading of an Ordinance to establish a Public Safety Reform and Oversight Commission Recommended Action Staff recommends that the City Council introduce for first reading an ordinance adopting Santa Monica Municipal Code Chapter 2.50 to create and establish an 11-member Public Safety Reform & Oversight Commission. Summary The City of Santa Monica has long been committed to fair, safe, and effective community policing. In the wake of national and community-wide calls for racial justice, reforms to law enforcement and divestment/investment in strategies to enhance public safety and community wellbeing, in the summer of 2020, the Interim City Manager appointed a 15-member Public Safety Reform Advisory Committee (PSRAC) to facilitate a community engagement process and make recommendations in response to calls for reform. Following review of recommendations put forth by members of the PSRAC (“PSRAC Recommendations”), on September 8, 2020, the City Council directed staff to return with a draft ordinance based on the PSRAC Recommendations to create and establish an 11-member police commission. Consistent with Council direction, staff now recommends that the City Council introduce for first reading an ordinance (Attachment A) adopting Santa Monica Municipal Code Chapter 2.50 to create and establish an 11-member Public Safety Reform & Oversight Commission (“Commission”) to, as described in detail below, promote, in partnership with the Santa Monica Police Department (SMPD), best practices in community-based policing for the fair treatment and safety of all and work with SMPD and experts to recommend as appropriate proposed reforms to SMPD policies and practices. Staff 7.A Packet Pg. 198 2 of 21 further recommends that an Inspector General be retained to facilitate the work of the Commission. The proposed ordinance is intended to follow and implement the PSRAC Recommendations, which are included as Attachment B. Differences between the PSRAC Recommendations and the proposed ordinance are described below and also identified in a side-by-side comparison contained in Attachment C. Background Following the worldwide civic demonstrations that occurred in reaction to the killings of George Floyd, Breonna Taylor, Ahmaud Arbery, and too many others, the City Council gave direction in June 2020 to engage the community and explore implementations of proposed reforms in Santa Monica. After an open call for participants which yielded more than 100 applications, on July 10, 2020, the Interim City Manager appointed 15 individuals with diverse knowledge and expertise as advocates for racial justice, residents, business owners, law enforcement officers with a commitment to public safety reform, mental health providers, and social services providers to a Public Safety Reform Advisory Committee to the Interim City Manager (PSRAC) to advise on proposals for public safety reform. Working together with City staff, the PSRAC facilitated several community input processes, including but not limited to a community listening session on July 22, 2020, and reviewed local, regional, and national proposals advocating for changes to policing and the ways that cities conceive of and allocate funds to achieve public safety. All full committee meetings were live streamed to the City’s YouTube channel and preserved there for viewing afterwards. Following initial presentations from SMPD and the Community Services Department, as well as the community listening session, the PSRAC created six working groups to allow for deeper analysis of key issues to be considered for reform. The six working groups were focused on: Use of Force, Alternate Response Strategies, Community Engagement, Police Culture and Training, Budget Allocations, and Civilian Oversight. 7.A Packet Pg. 199 3 of 21 Each working group met with subject matter experts and community stakeholders, reviewed efforts that have been undertaken regionally and nationally, and consulted with relevant City staff to assist in the development of recommendations to the Interim City Manager. The PSRAC Recommendations document was generally endorsed by the non-law enforcement members of the PSRAC. The creation of a Civilian Oversight entity was a centerpiece of the PSRAC Recommendations for two reasons: first, there was a clear desire from the community and committee members to increase two-way engagement with the SMPD in ways that would build both trust amongst community members and accountability within the department. Second, the broad range of reforms included in the PSRAC Recommendations were developed with recognition that it would take months to rewrite policies and change practices, and that the recommendations required more than a one-time action, but rather ongoing engagement and a continued commitment to organizational change. Further recommendations will continue to be reviewed and implemented by staff as directed by Council on September 8, 2020, in coordination with the Public Safety Reform and Oversight Commission. Past Council Actions Meeting Date Description June 9, 2020 (Attachment D) Signed onto the Obama Foundation Mayor’s Pledge to engage the public in review and reform of police use of force policies September 8, 2020 (Attachment E) Approved recommendation from the Public Safety Reform Advisory Commission to develop an ordinance that would create a civilian oversight commission. Discussion The creation of civilian oversight bodies with respect to local policing has been shown to provide benefits to both communities and police departments. When done well, civilian oversight helps to protect civil rights, support effective policing, ensure greater accountability, manage risk of lawsuits, build bridges between the police and the communities they serve, and increase confidence in police when they are seen as responsive to their civilian oversight body. In 2015, the federal government made its first formal recommendation for civilian oversight as “important in order to strengthen trust with the community” via the President’s Task Force on 21st Century Policing. The 7.A Packet Pg. 200 4 of 21 recommended ordinance is consistent with best practices identified by reform organizations and police commission models in other jurisdictions. The Ordinance is drafted to accord with the PSRAC Recommendations unless otherwise stated. Its provisions have been drafted by the City Attorney’s Office in coordination with the City Manager’s Office and Human Resources Department to ensure that the Commission as envisioned by the PSRAC is responsive to Santa Monica’s needs and in alignment with budget and staffing realities as well as existing Memoranda of Understanding for City staff. As the National Association of Civilian Oversight of Law Enforcement (NACOLE) has noted, with respect to community police commissions, there are “several possible paths to success. Oversight must take into consideration core values and principles; must allow for flexibility and context; stakeholder input, experienced practitioners input.” Similarly, the President’s Task Force on 21st Century Policing found that: “Some form of civilian oversight of law enforcement is important in order to strengthen trust with the community. Every community should define the appropriate form and structure of civilian oversight to meet the needs of that community.” As described by NACOLE, the primary models for civilian oversight commissions are as follows: 1. The investigation-focused model involves routine, independent investigations of complaints against police officers, which may replace or duplicate police internal affairs processes, though non-police civilian investigators staff them. 2. The review-focused model concentrates on commenting on completed investigations after reviewing the quality of police internal affairs investigations. Recommendations may be made to police executives regarding findings, or there may be a request that further investigations be conducted. A review board composed of citizen volunteers commonly heads this model, and they may hold 7.A Packet Pg. 201 5 of 21 public meetings to collect community input and facilitate police-community communication. 3. The auditor/monitor model focuses on examining broad patterns in complaint investigations including patterns in the quality of investigations, findings, and discipline rendered. Further, in some cities that use this model, auditor/monitors may actively participate in or monitor open internal investigations. This model often seeks to promote broad organizational change by conducting systematic reviews of police policies, practices or training, and making recommendations for improvement. These models are not mutually exclusive, and, as explained below, several commissions are some hybrid of these models. In 2016 and 2017, the Office of Community Oriented Policing Services (COPS) collaborated with the Major Cities Chiefs Association (MCCA) to conduct an electronic survey and in-person roundtable to develop a better understanding of civilian oversight programs in the 69 MCAA agencies in the United States, which represent the 69 largest law enforcement agencies in the country. Of the 52 agencies that responded, 41 had some sort of civilian oversight or review program. The report expressly noted that significant variation of oversight across jurisdictions made it difficult to make broad generalities, further supporting that while community oversight is considered best practice, the contours of that oversight are tailored to particular communities and their law enforcement agencies. The most common review boards were review focused. Twelve of the agencies reported a hybrid model. NACOLE webinar and training information also reports on the popularity of hybrid models nationwide, which reflects the importance of each city developing oversight programs that match their unique local needs. What NACOLE Model Most Closely Fits 7.A Packet Pg. 202 6 of 21 Investigative 20% Totals 28 agencies Reviews Police Actions 40% Auditor/Monitor of policy, training, and investigations 10% Other 30% Totals 12 agencies Source: Stephens, Darrel W. Ellen Scrivner and Josie F. Cambareri. 2018. Civilian Oversight of the Police in Major Cities. Washington, DC: Office of Community Oriented Policing Services. The following section provides a summary of commission models employed in neighboring jurisdictions. Los Angeles County Police Oversight Bodies Burbank (1950) 5 members, appointed by City Council The Police Commission, on behalf of the community of Burbank at the direction of the City Council, shall provide civilian oversight to advocate best law enforcement policies for the greater good of the Burbank community. The Commission monitors the Burbank Police Department to achieve and maintain a culture of respect and professionalism through accountability and transparency in all of its actions. Long Beach (1990) 11 members, appointed by Mayor and City Council The Citizen Police Complaint Commission (CPCC) is one of six chartered commissions established to provide feedback and input to the City Manager, Mayor, and City Council on specified matters. The CPCC investigates allegations of police misconduct and reviews the service provided by members of the Long Beach Police Department. Los Angeles City (1920) 5 members, appointed by Mayor; City Council confirms The Board of Police Commissioners serves as the head of the Los Angeles Police Department, functioning like a corporate board of directors, setting policies for the department and overseeing its operations. The Board works in conjunction with the Chief of Police, who acts as a chief executive officer and reports to the Board (but is appointed by the 7.A Packet Pg. 203 7 of 21 Mayor). Los Angeles County (1916) 9 members, appointed by Board of Supervisors, based on recommendation by the Executive Officer, in consultation with County Counsel The purpose of the Civilian Oversight Commission is to improve public transparency and accountability with respect to the Los Angeles County Sheriff's Department, by providing robust opportunities for community engagement, ongoing analysis and oversight of the department's policies, practices, procedures, and advice to the Board of Supervisors, the Sheriff's Department and the public. Inglewood (2004 - currently inactive) 11 members, 2 appointed by Mayor; 2 appointed by each Council Member; 1 appointed by Chief of Police The purpose of the Citizen Police Oversight Commission is to provide a means for prompt, impartial, and fair investigation of all citizen complaints brought by individuals against the Inglewood Police Department, and to provide for community participation in setting and reviewing police department polices, practices, and procedures. Pasadena (2020 - Commissioners not yet appointed) 11 members, appointed by City Council and Mayor. One from each Council district; one at large (Mayor nominates); 3 from community organizations. The purpose of the commission is to enhance, develop, and strengthen community-police relations and review and make recommendations regarding the ongoing operations of the police department to the chief of police, city manager, and/or city council. In November 2020, SMPD reached out to the California Police Chiefs Association to collaborate on an electronic survey to get a better understanding of oversight programs in California. The survey was open from December 7 to December 15, 2020 and received 30 responses. Of those, five responders had existing oversight programs and four were at some stage of development. While the outreach was limited by time and number of responders, some trends in response were similar to the larger survey outreach by COPS and MCCA described above. The most common oversight programs were review focused, with hybrid models as the next most common. 45% of respondents (5) had a review focused model and 36% (4) had or were in the process of creating an oversight program that would likely be classified as a hybrid model. 7.A Packet Pg. 204 8 of 21 Additional findings of note included: Format of Oversight Program Inspector General 2 agencies Oversight Commission 2 agencies Combination or Other 6 agencies* *Note: excluded 2 responses that responded as not having an oversight program. What types of incidents does oversight program examine? Internal policies and practices 2 Internal and external policies and practices 2 Use of Force 2 Other 5* *Note: excluded 1 response that responded as not having an oversight program. Here, the other category included citizen complaints, ability to receive information on officer-involved shootings or significant cases, policies, training; use of force, weapons discharge, and finally all matters but primarily post investigation. Finally, when discussing unintended consequences, the responding agencies both cited issues with the hired auditor, both in regards to exceeding scope and the importance of the quality and objectivity of the auditor. When reporting on benefits, many agencies cited increased community trust and legitimacy, as well as increased community engagement. A key consideration when structuring a police commission is how to grant the Commission access to the information that they need to make their work impactful without compromising law enforcement or personnel information. Many larger jurisdictions have hired a full-time Inspector General (IG) to serve as an independent employee with the ability to view internal documents and provide data at the appropriate level to their affiliated police commission. In Sacramento, the IG is based out of the Office of Public Safety Accountability; both the City and the County of Los Angeles have dedicated Offices of Inspectors General. 7.A Packet Pg. 205 9 of 21 Details of the authority and access levels of the aforementioned Inspector Generals can be found in Attachment E. Proposed Public Safety Reform & Oversight Commission Following Council direction that staff bring back an ordinance based on the PSRAC Recommendations to establish a Public Safety Reform and Oversight Commission (“Commission”), staff recommends establishing a Commission as follows: Membership As directed by Council on September 8, 2020, the Commission would comprise 11 members, to be appointed by Council. While the PSRAC Recommendations contemplated 3-year terms, the proposed ordinance calls for staggered 4-year terms, consistent with City Charter Section 1002. Consistent with the PSRAC Recommendations, members of the Commission should have a significant commitment to the public safety and wellbeing of the City, as well as knowledge of or experience with law enforcement, public safety policies and issues, or social services policies and issues. Sworn officers and nonsworn employees of the SMPD are not eligible to serve as commissioners. The PSRAC recommended that eligibility to serve on the Commission extend to individuals who reside, work, are a student, or own property in the City. Consistent with Council direction, this language is included in the draft ordinance. However, this recommendation varies from most other City boards and commissions, for which City residence is required for membership. Moreover, in 2018, voters approved an amendment to the City Charter expanding eligibility to serve on three City boards and commissions to “residents” of the City rather than “qualified electors” – aligning this eligibility requirement with the remainder of the City’s non-charter boards and commissions. This measure ensured that membership on all City boards and commissions was open to non-citizen residents as well as eligible voters. Recognizing this recent step forward in inclusive representation, and to provide consistency with other City boards and commissions, staff recommends that Council require that members of the Commission be City residents. 7.A Packet Pg. 206 10 of 21 The PSRAC recommended that the Commission include “a young adult, 18 years of age or older, for a one-year term, and two additional non-voting positions for participating members under 18 years of age.” Due to the sensitive and at times disturbing/graphic nature of the information that will be shared with Commission members, staff from the City Manager’s Office, City Attorney’s Office, and Police Department concur that all members (whether voting or non-voting) should be over the age of 18. Given the significance of staff’s concern related to minors serving on the Commission, staff’s proposed ordinance incorporates the spirit of the PSRAC recommendation but alters it to provide that two of the 11 Commission members must be between the ages of 18-22 at the time of appointment, and that both have the ability to vote on commission matters. Inspector General The PSRAC Recommendations placed high importance on promotion of transparency and access to data, specifically asking that the Commission “have access to City data and information needed to carry out its duties.” To achieve the goals set forth for promotion of transparency and to ensure that the Commission can succeed in fulfilling its purpose, staff recommends and has incorporated into the proposed ordinance that an Inspector General be retained to support the work of the Commission. The Inspector General would be retained by the City Manager’s Office, either by contract with an entity similar to OIG Group, which is leading the independent review of the events of May 31, 2020, or as a limited term employee. The Inspector General would report to and receive direction from the Commission. Prior to beginning work, the Inspector General would 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. 7.A Packet Pg. 207 11 of 21 In order to facilitate the Commission’s work, the Inspector General would also be given access to SMPD data and records regarding uses of force, stops, arrest, convictions, and such other matters as the Commission may request, which data and records could be disclosed to the Commission to the extent permitted by State and Federal law. Staff Support In addition to the Inspector General, the Commission would receive staff support as provided to other City boards and commissions. Specifically, the Commission would receive support from a staff liaison from outside of the Police Department as well as from a Deputy City Attorney, both of which would have these responsibilities added to their current duties. In addition to the above, the Police Chief or their authorized representative would attend each Commission meeting. Training Pursuant to the proposed ordinance, all members of the Commission would be required to receive training relevant to providing oversight of law enforcement. This training would include the SMPD Community Academy to provide all members with a foundational basis for understanding the scope and activities of the SMPD, as well as other training identified by the Commission and within the scope of the available budget, which may include programs offered by the National Association of Civilian Oversight of Law Enforcement, the Association of Local Government Auditors, or other similar bodies. Powers and Duties The proposed ordinance sets forth the following powers and duties for the Commission: • Review SMPD policies and practices and make recommendations regarding those policies and practices to the Police Chief, City Manager, and City Council. 7.A Packet Pg. 208 12 of 21 The commission is expected continuously to evaluate best practices in community-oriented policing and is empowered to make recommendations to the City Manager, City Council, and the Chief of Police as appropriate. Following community engagement through and review of the recommendations of the PSRAC, the Santa Monica Police Department is undertaking review of its policies related to use of force and related topics. The Commission would be empowered to review and make recommendations regarding these and other policies and practices of the SMPD to ensure that the Department continually strives for and achieves best practices. • 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. The City’s current practice regarding investigations into misconduct among sworn police staff is that such investigations are handled exclusively through the SMPD’s Internal Affairs Division, with limited exceptions. State law imposes strict limitations both on how disciplinary investigations are conducted (Public Safety Officers Procedural Bill of Rights Act, Government Code Sections 3300-3313) and on access to peace officer disciplinary records and personnel files (Penal Code Sections 832.7-832.8). Further, any additional oversight may require the City to meet and confer with employee organizations depending on the oversight proposed. The Commission will be able to review compliance by SMPD with policies and procedures governing disciplinary proceedings and actions via reports produced by the Inspector General at their request and will have the ability to make recommendations back to the Chief of Police, the City Manager, or the City Council as appropriate regarding perceived violations of policies or procedures. 7.A Packet Pg. 209 13 of 21 • 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. The Commission will have the ability to create and lead their own community engagement efforts, which could include sponsoring and/or promoting ongoing interaction between SMPD and community members, including restorative justice, mediation, and trust building. Through the course and scope of their regular activities, the Police Department is engaged with various members and member groups in the Santa Monica community. These groups include neighborhood associations, business district organizations, non- profits, and various religious groups. Most often, the SMPD are invited guests to these groups in their meetings. Commission members could participate in SMPD community engagement efforts as co-hosts, or passive participants as appropriate, with recognition that the commission will be a Brown Act body and cannot have more than a quorum attend any particular community meeting. The SMPD could initially serve as an intermediary between these groups and the Police Commission and bridge the two together so that they could form their own relationship(s) and attend meetings as the two parties deem comfortable. With respect to community complaints, the Commission could hold community conversations to address incidents that do not rise to the level of thresholds for review, potentially involving the use of a professional facilitator. SMPD staff could participate in these discussions alongside community members, but could not be mandated to do so. • Promote transparency and availability to the public of SMPD data and records. State law imposes strict limitations on access to peace officer and custodial officer personnel records, including citizen complaints against officers and 7.A Packet Pg. 210 14 of 21 internal affairs investigation reports regarding alleged misconduct. See Penal Code Sections 832.7-832.8. Case law has recognized a limited exception to the confidentiality of such personnel records, holding that, absent unique, individual circumstances, officers do not have a reasonable expectation of privacy in their name, salary information, and dates of employment. See International Federation of Professional & Technical Engineers, Local 21, SFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 335; Commission on Peace Officer Standards & Training v. Superior Court (2007) 42 Cal.4th 278, 300. Effective January 1, 2019, SB 1421 amended Penal Code Sections 832.7 and 832.8 to make certain peace officer and custodial officer personnel records subject to disclosure under the California Public Records Act (“PRA”). In particular, the following records from peace and custodial officer personnel records are now required to be disclosed: a. Any record relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer. b. Any record relating to the report, investigation, or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury. c. Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public. d. Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including but not limited to, any sustained finding of perjury, false 7.A Packet Pg. 211 15 of 21 statements, filing false reports, destruction of evidence or falsifying or concealing of evidence. SB 1421 defines what constitutes a record for purposes of disclosure (including but not limited to, for example, investigative reports, video evidence, and autopsy reports) and allows redactions of disclosable records only for specified reasons. SB 1421 also allows limited delays in disclosure of records relating to the discharge of a firearm or use of force resulting in great bodily injury or death in certain situations, including during an active criminal or administrative investigation of the use of force. Additionally, effective July 1, 2019, AB 748 requires the disclosure of video and audio recordings (including body and dash camera footage and recordings of 911 calls) that relate to a “critical incident” -- i.e. that depict either an incident involving the discharge of a firearm at a person by a peace officer or custodial officer, or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury. AB 748 allows redactions and withholdings for certain purposes specified in the statute and allows limited delays in disclosures if disclosure would “substantially interfere” with an active criminal or administrative investigation. In response to PRA requests submitted by media and others, Santa Monica has disclosed records covered by SB 1421 and AB 748 relating to 41 incidents occurring between January 1, 1999 and March 13, 2020: 14 where peace officers discharged firearms at persons, 25 where peace officers used force that resulted in death or great bodily injury or where suspects suffered injuries from canine bites, and 2 involving a sustained finding of dishonesty by peace officers. The majority of records that Santa Monica released pertain to injuries to suspects resulting from canine bites, such as puncture wounds. These injuries may not meet the definition of “great bodily injury” given that neither SB 1421 nor AB 748 define this term. Nevertheless, the City disclosed such records while reserving its 7.A Packet Pg. 212 16 of 21 right to challenge a conclusion that such injuries from canine bites constitute “great bodily injury” within the meaning of SB 1421 and AB 748. State law strictly limits the disclosure of criminal history information, making it a misdemeanor to disclose it to an unauthorized recipient. See Penal Code Sections 11105 and 11142 (state criminal history information); 13300 and 13303 (local summary criminal history information); and State law also limits the disclosure of information relating to criminal investigations and complaints or requests for assistance. See Government Code Section 6254(f). State law also specifies the information that must be disclosed by a law enforcement agency with respect to complaints and requests for assistance, with exceptions where disclosure would endanger the safety of persons involved in an investigation or the successful completion of the investigation or a related investigation. Government Code Section 6254(f)(2)(A). With respect to arrests, State law also specifies that information which must be disclosed, with exceptions again where disclosure would endanger the safety of persons involved in an investigation or the successful completion of the investigation or a related investigation. The Santa Monica Police Department makes the required information regarding calls for service and arrests available on its website: https://santamonicapd.org/DailyReports.aspx. To avoid conflict with the statutory limitations on disclosure of local summary criminal history, this information is made available only for the current 10-day window. The SMPD also currently produces and posts in real time crime data: https://www.crimemapping.com/map/ca/santamonica. Through the Department website (santamonicapd.org), SMPD also produces demographic arrests, citation, and field contact data on a monthly basis. The SMPD policy manual is also posted and available on the website, https://powerdms.com/public/SANTAMONICACA/tree. 7.A Packet Pg. 213 17 of 21 In accordance with State law, SMPD reports crime statistics, use of force data, and Hate Crime data to the California Department of Justice (DOJ). SMPD is also working to report all relevant Racial and Identity Profiling Act data to DOJ in advance of the mandated reporting date for an agency the size of SMPD of April 1, 2023. Pursuant to the draft ordinance, the Inspector General would have access to relevant records and data that cannot be publicly disclosed or posted, and the Inspector General will create and provide reports to the Commission that summarize the relevant data at their direction. The Inspector General would provide Commission members with the facts they need to determine whether processes or policies should be revised/ reviewed. The Commission will be able to share aggregate data with the public. • Collaborate with the SMPD and the community to promote restorative justice. The Commission will have the ability to conduct conversations and forums focused on restorative justice in keeping with its broader community engagement role as a convenor. This can include engaging with community partners to provide training and educational opportunities regarding cultural competency, strategies for repairing community trust, and other issues as identified by the Commission. • 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. The Commission is expected to stay abreast of innovations in policing and of legislative trends both locally and across the country that relate to police practices. To do this, the Commission can perform their own research, engage subject matter experts, and invite relevant City staff to participate in Commission meetings to discuss the efficacy of a particular policy change in Santa Monica. 7.A Packet Pg. 214 18 of 21 • Review and make recommendations to the Police Chief, City Manager, and City Council regarding the proposed budget for the SMPD. Consistent with other City boards and commissions, the Commission will have a role in the annual budget process for SMPD in alignment with the City’s budget calendar, and can provide recommendations to the SMPD, City Manager, or City Council throughout that process. Initial Review of Complaint Handling In its initial vision, the PSRAC called for the Commission “to develop, recommend and help implement proposed reforms for handling complaints, including proposed reforms for the intake, review, investigation, and oversight of disciplinary decisions and policies, with an initial set of recommendations to be completed within the first 90 days.” This language is included in the proposed ordinance consistent with Council direction. Given that some of the data needed to complete the review as scoped by the PSRAC is protected by state and local law, the review desired by PSRAC could proceed in two ways: members could perform a review of existing SMPD processes and policies to include updated Use of Force policies, or a more in depth review of the pertinent data could be initiated upon the hiring of the inspector general facilitated by a review of specific records as requested by the Commission. Given the time needed to hire an Inspector General and to develop an approach, staff recommends changing the time set in the proposed ordinance for initial recommendations to be completed to 150 days, with the recognition that the Commission could present the report earlier should they complete the work within a shorter timeframe. SMPD and City staff commit to working with the Commission to develop, recommend, and help implement proposed reforms for handling complaints, including proposed reforms for the intake, review, and investigation of complaints, and oversight of disciplinary decisions and policies, keeping in mind existing policies and applicable law regarding personnel investigations and disciplinary processes. In particular, the disciplinary appeals process is outlined in Santa Monica Municipal Code Sections 2.04.440 et seq. and Section 6.06 of the POA MOU. Section 6.06 B articulates the 7.A Packet Pg. 215 19 of 21 process associated with a disciplinary appeal for a removal, demotion, or suspension. Such appeals may be resolved via a full evidentiary hearing before the Personnel Board or a hearing officer. The final disposition of either process is subject to judicial review, should the employee seek such relief. Funding and Budget 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. This will include adequate staff support from the City Manager’s Office, City Attorney’s Office, and Police Department. 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. Cooperation with Other Groups and Individuals The Commission 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. 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. Transition Provisions Finally, the proposed ordinance contains transition provisions to allow for staggered terms of Commissioners following their initial appointment: 1. The two commissioners between the age of 18 and 22 when appointed shall classify themselves by lot such that one’s term shall expire on the second succeeding July 1, and the other’s shall expire on the fourth succeeding July 1. 7.A Packet Pg. 216 20 of 21 2. The other nine 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. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of adoption of the proposed ordinance. There are, however, financial and staffing considerations of which Council should be aware. Staff estimates a full-time Inspector General position to cost approximately $200,000- $225,000, including benefits. This estimate is based on a review of relevant positions on Transparent California, as well as comparison to the City salary schedule for the Internal Audit Manager and Deputy City Attorney II positions, and would be validated, should the position be created as a full-time position through a compensation study conducted by the City’s Human Resources Department. Before returning with a proposal to create this as a full-time position, however, staff would consider the cost effectiveness of additional options, including retaining these services on a contract basis through a group like the OIR Group, which is leading the independent review of the events of May 31st, or as a part-time or limited term position. Budget changes related to the Inspector General would be made by deleting one or more vacant SMPD positions and included in the FY 2020-21 Midyear Budget report coming to Council on January 26, 2021. SMPD has also committed to allocating budgeted funds from its budget to a training budget for Commission members that is commensurate with the training allocations for SMPD officers. In addition to these costs, staff anticipates that, in its initial years, the Commission would require approximately one-third of the time of the Special Assistant to the City Manager on Equity and Community, one-third of the time of a Deputy City Attorney, and 7.A Packet Pg. 217 21 of 21 support from SMPD staff to support requests related to inquiries and investigations from the Commission. Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council Attachments: A. Draft Ordinance Establishing Public Safety Reform & Oversight Commission B. PSRAC Recommendations (Web Link) C. Differences between the PSRAC Recommendations and the proposed Ordinance D. 6/9/20 13 Item - Obama Foundation Mayor’s Pledge to engage the public in review and reform of police use of force policies (Web Link) E. 9/8/20 Council Meeting Minutes Approving recommendation from the Public Safety Reform Advisory Commission to develop an ordinance that would create a civilian oversight commission. (Web Link) F. Written Comments 7.A Packet Pg. 218 1 City Council Meeting: January 12, 2021 Santa Monica, California ORDINANCE NUMBER _________ (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 7.A.a Packet Pg. 219 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 2 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 7.A.a Packet Pg. 220 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 3 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, 7.A.a Packet Pg. 221 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 4 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; 7.A.a Packet Pg. 222 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 5 (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, work, be a student, or own property in the City; 7.A.a Packet Pg. 223 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 6 (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) 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. 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, or other similar bodies. 7.A.a Packet Pg. 224 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 7 2.50.030 Staff and Support (a) The Commission shall be supported by an Inspector General, who shall be a City employee or 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. 7.A.a Packet Pg. 225 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 8 (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. 7.A.a Packet Pg. 226 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 9 (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. 7.A.a Packet Pg. 227 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 10 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 90 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 7.A.a Packet Pg. 228 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight 11 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 7.A.a Packet Pg. 229 Attachment: Draft Ordinance Establishing Public Safety Reform & Oversight Commission (4313 : Establish Public Safety Reform and Oversight PSRAC Recommendations Proposed Ordinance Staff Recommended Change to Proposed Ordinance Title: Civilian Public Safety Oversight and Reform Commission (“CPSORC”) Title: Public Safety Reform and Oversight Commission (“PSROC”) If Council wishes to change the title, staff also previously recommended Police Engagement and Accountability Commission. Preamble: The Public Safety Reform Advisory Committee (Committee) has developed recommendations based on input from the community, Committee members, experts, and literature on best practices for 21st Century community-oriented policing. We recognize that the City Council and City Manager may have additional ideas to help shape these proposals. Community-oriented policing envisions an environment where law enforcement coproduces public safety with the community. It views police as guardians of public safety, and not warriors. Community-oriented policing relies on development of trust and legitimacy between the police and the community. Part of this trust building involves being transparent, promoting procedural justice and involving the community in policy setting, and oversight of police activities. Accordingly, the Committee recommends that the City Council establish a Civilian Public Safety Oversight and Reform Commission (“CPSORC”) as a vehicle to: A. Promote, in partnership with SMPD, the best practices in community policing in our City for the fair treatment and safety of all. B. Work with SMPD and experts to develop, recommend and help implement proposed reforms for 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; (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 Oversight and Reform Commission will provide a vehicle to promote, in partnership with the Santa Monica Police Department (SMPD), the best practices in community policing for the fair treatment, safety, and wellbeing of all; and (d) The establishment of a Public Safety Oversight and Reform 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. See also recitations in proposed ordinance. 7.A.c Packet Pg. 230 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety handling complaints, including proposed reforms for the intake, review, investigation, and oversight of disciplinary decisions and policies. Mission and Scope: Promote the safety and wellbeing of people in Santa Monica in collaboration with SMPD and help provide oversight of the SMPD. Co-produce public safety by implementing the best practices in community policing for the fair treatment, safety, and wellbeing of all. Scope of activities includes: ◦ Review SMPD policies and practices and make recommendations for the improvement of public safety and wellbeing. ◦ Collaborate with SMPD to sponsor and/or promote ongoing interaction between SMPD and community members, including restorative justice, mediation, and trust building. ◦ Review and provide input on the biannual proposed budget for the SMPD. ◦ Promote transparency of SMPD data and publication of vital data and records to the public. ◦ Evaluate ideas for reimagining public safety and wellbeing and make recommendations to the City Manager. ◦ Review disciplinary proceedings and final actions taken by SMPD for violations of policies. Community Engagement: The CPSORC shall also have an objective and goal of promoting positive engagements between the SMPD and individuals and/or community organizations. The CPSORC should work collaboratively with SMPD and develop programs that: 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. (f) Evaluate and make recommendations to the Police Chief, City Manager, and City Council regarding ideas for implementing best practices in community 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. 7.A.c Packet Pg. 231 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety • Promote restorative justice and healing; • Provide channels and opportunities for ongoing dialogue, including in both organized and informal settings; The CPSORC should review and consider proposals for a voluntary mediation program for the handling of some types of complaints that may otherwise not rise to traditional thresholds for review. For example, providing for an opportunity to mediate selected complaints of discourtesy and bias with the purpose of building understanding and transforming the relationship between SMPD officers and the communities they serve. FURTHERMORE, The Committee has concluded that transparency, accountability, and the appropriate handling of complaints of misconduct by Sworn Officers are of vital importance to the building of trust and legitimacy between the community and the police. Accordingly the Committee recommends that the City Council instruct that within ninety days of the CPSORC’s first official meeting, the CPSORC should report to the City Manager and/or the City Council its recommendations for implementation of updated procedures and policies for the review, investigation and oversight of complaints. The recommendations should be consistent with the best practices for accountability in community-oriented policing and be designed to address the following: 1) Transparent, effective processes to receive and respond to external misconduct complaints; 2) Transparent, effective processes to receive and respond to internal misconduct complaints; 3) Delineate policies about how and by whom misconduct complaints are investigated; 2.50.080 Transition Provisions (b) Within 90 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. 7.A.c Packet Pg. 232 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety 4) Develop policies for investigating and disciplining sexual misconduct and intimate partner violence; 5) Transparent, effective processes for conducting misconduct investigations; 6) Ensure supervisors discipline officers who engage in misconduct; 7) Integrate the principles of procedural justice into disciplinary processes; 8) Use early intervention systems to track officer behavior and address officer needs and deficiencies at the earliest opportunity; 9) Pursue accountability even after formal disciplinary deadlines expire; 10) Identify, maintain, and share material evidence relating to officer misconduct or credibility with prosecutors in criminal cases; 11) Inform officers of their right to file complaints with outside agencies; 12) Establish clear protocols for determining who investigates and prosecutes officer-involved crimes and shootings; and 13) Identify provisions in collective bargaining agreements that weaken the accountability systems. Meetings: The SMPD Chief or delegate shall meet at least monthly with the CPSORC. The CPSORC shall meet as often as it deems necessary to carry out its duties. Members: The CPSORC shall have nine commission members. The nine members of the CPSORC shall be appointed by the City Council. To include representation by young people of color, we further propose one position be designated for a young adult, 18 years of age or older, for a one year term, and two additional non- 2.50.020 Creation of Public Oversight and Reform Commission (a) Pursuant to Section 1000 of the City Charter, a Public Safety Oversight and Reform 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: Staff recommends residence requirement to align with Charter language in Charter sections 1009, 1011, 1013, and 1015. 7.A.c Packet Pg. 233 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety voting positions for participating members under 18 years of age. Each member shall serve for a three-year term, after which they may be reappointed, at the discretion of the City Council. The CPSORC members shall be classified into three staggered group so that each year three of the nine members’ terms shall expire. For the initial appointments three Class I members shall be appointed for a one-year term, three Class II members shall be appointed for a two-year term, and three Class III members shall be appointed for a three- year term. At the expiration of these initial terms, the City Council shall appoint replacements (including reappointment) for full three-year terms. Qualifications for CPSORC members. Each person seeking appointment should have the following qualifications: o A resident, student, employee, or property owner in the City, or a person who otherwise has a significant commitment to the wellbeing of the City and its inhabitants. o Experience with issues of wellbeing of the City’s inhabitants, including work in the areas of social services or public safety. o Knowledge or experience with law enforcement, policing and/or public safety policies, practices or issues. Employees and sworn officers of SMPD, and anyone with a direct or indirect conflict of interest, shall not be eligible to serve on this civilian body. Training for CPSORC members. Each CPSORC member shall participate in training that covers a range of topics relevant to providing oversight of law enforcement issues. Such training could include programs offered by the National Association of Civilian Oversight of Law Enforcement or the Association of (1) reside, work, be a student, or own property 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 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) 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. 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, or other similar bodies. 7.A.c Packet Pg. 234 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety Local Government Auditors. The City shall provide funding so that each CPSORC member can receive the appropriate training. See also Charter Section 1002. Appointment. Term.: The members of each of such boards or commissions shall be appointed by the City Council. They shall be subject to removal by motion of the City Council adopted by at least five affirmative votes. The members thereof shall serve for a term of four years and until their respective successors are appointed and qualified. The members first appointed to such boards and commissions shall so classify themselves by lot that the term of one of each of their number shall expire each succeeding July 1st. Where the total number of the members of a board or commission to be appointed exceeds four, the classification by lot shall provide for the pairing of terms to such an extent as is necessary in order that the terms of at least one and not more than two shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. Staffing and Budget: The City shall provide funding for appropriate staff support to carry out the CPSORC’s required activities. The CPSORC shall be responsible for hiring a director to support the CPSORC’s activity. Such person will become a city employee and be entitled to access all information within the scope of the CPSORC’s activities. The budget for the balance of fiscal 2021 shall be $______, which shall be reallocated from the Public Safety budget. 2.50.030 Staff and Support (a) The Commission shall be supported by an Inspector General, who shall be a City employee or 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 7.A.c Packet Pg. 235 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety 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. (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. 2.50.050 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. 7.A.c Packet Pg. 236 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety (b) Any donations or grants solicited by the Commission shall be deposited in a special account in the General Fund to be expended only for the activities of the Commission. See also Charter Section 1001. Appropriations. The City Council shall include in its annual budget sufficient appropriations of funds for the efficient and proper functioning of such boards and commissions. Information access: The CPSORC shall have access to City data and information needed to carry out its duties. Such access shall include internal SMPD data on use of force, stops, arrests, and such other matters as the CPSORC shall require. The CPSORC shall work with the SMPD and the City staff to provide transparency and public reporting of data that the CPSORC concludes is in the public interest. 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. 7.A.c Packet Pg. 237 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety 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, three shall serve terms expiring on the third succeeding July 1, and three shall serve terms expiring on the fourth succeeding July 1. 7.A.c Packet Pg. 238 Attachment: Differences between the PSRAC Recommendations and the proposed Ordinance [Revision 1] (4313 : Establish Public Safety 1 Vernice Hankins From:Gil Leib <gilrleib@gmail.com> Sent:Wednesday, January 6, 2021 5:08 PM To:councilmtgitems Subject:Item 7A EXTERNAL    I am writing in support of Item 7A on the Council agenda scheduled  for January 12‐‐the ordinance to establish the Public Safety Reform  and Oversight Commission.  This measure can help Santa Monica  deal with the systemic racism so prevalent in our society.    Gil Leib  601 California Ave. #104  Santa Monica, CA 90403  Item 7.A 01/12/21 1 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 239 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 2 Vernice Hankins From:Song, Wansun <Wansun.Song@cit.com> Sent:Monday, January 4, 2021 11:02 AM To:councilmtgitems Subject:In Support of Ordinance to Establish a Public Safety Reform & Oversight Commission. EXTERNAL    I support the above captioned ordinance.  Community oriented policing is necessary for the police to be a partner rather  than an adversary in our community.    Wansun Song     This email message and any accompanying materials may contain proprietary, privileged and confidential information of CIT Group  Inc. or its subsidiaries or affiliates (collectively, "CIT"), and are intended solely for the recipient(s) named above. If you are not the  intended recipient of this communication, any use, disclosure, printing, copying or distribution, or reliance on the contents, of this  communication is strictly prohibited. CIT disclaims any liability for the review, retransmission, dissemination or other use of, or the  taking of any action in reliance upon, this communication by persons other than the intended recipient(s). If you have received this  communication in error, please reply to the sender advising of the error in transmission, and immediately delete and destroy the  communication and any accompanying materials. To the extent permitted by applicable law, CIT and others may inspect, review,  monitor, analyze, copy, record and retain any communications sent from or received at this email address.     Item 7.A 01/12/21 2 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 240 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:Marc Morgenstern <marcjmorgenstern@gmail.com> Sent:Friday, January 8, 2021 1:35 PM To:councilmtgitems Subject:Re: 1/12/20 Council Agenda, Item 7a EXTERNAL    Dear Councilmembers:    As a member of the Public Safety Reform and Advisory Committee, I am pleased to see the Committee's  September 2020 recommendations incorporated so fully and fairly in the proposed Ordinance to Establish a  Public Safety Reform and Oversight Commission. I commend the Interim City Manager and City staff for their  able efforts on it.    The proposed Ordinance faithfully reflects the Committee's intent to establish a Commission to work closely  with the Police Department to co‐produce public safety based on maximizing the Santa Monica community's  overall wellbeing and equity.    I urge you to approve the Ordinance as drafted.    Sincerely yours,    Marc Morgenstern  125 Pacific St.  310-321-2247 Item 7.A 01/12/21 3 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 241 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:George Brown <gbrown341@outlook.com> Sent:Monday, January 11, 2021 10:16 AM To:councilmtgitems Subject:Support for Agenda Item 7.A. -- Draft Ordinance to Establish a Public Safety Reform and Oversight Commission EXTERNAL    Dear Councilmembers:    I fully support the draft ordinance to establish a Public Safety Reform and Oversight Commission, listed as item 7.A on  the City Council agenda for tomorrow.      As a member of the Public Safety Reform Advisory Committee (PSRAC), I believe the draft ordinance adheres closely  to the recommendations made by the committee, which the City Council unanimously embraced at its September 8, 2020  City Council meeting.    There are a few issues that may arise in the discussion of the ordinance, which do not necessarily need to be resolved  immediately, but should be taken into consideration as the Commission is being formed.    Inspector General concept.    The idea of having an inspector general seems to be a useful mechanism for supporting the Commission’s work.  The  Commissioners would benefit from having an experienced and knowledgeable expert who has direct access to the  information required by the Commission to enable it to do its work.  It will be important that any such person be  independent and free of direct or indirect conflicts, and that their principal objective is to support the Commission’s  work.  The City Council should ensure that there is a sound process for selecting the inspector general, with appropriate  input from the newly constituted Commission.    Commissioner qualifications and appointments.  I urge the Council to embrace an approach to appointing Commissioners that ensures a diverse group of qualified  members for this new body.  The Commissioners should have background and experience that would allow them to be  effective in this position.  They should be aware of the historical challenges our country has had with policing, and  embrace the City’s values of promoting a diverse, inclusive, and safe community for all, and attentive to the need to  dismantle racism in all its forms.    I think that the qualifications should not be limited to residents as the staff report suggests.  Rather, the current  definition used in the draft, including residents, workers, students, and property owners, allows the City Council to draw  on a wide group of capable stakeholders who have an interest in the wellbeing and safety of Santa Monica residents.     I very much appreciated the honor of serving on the PSRAC and helping to move our City forward.     I commend each of the Councilmembers for your commitment to the wellbeing of all Santa Monicans and your  recognition of the need to continue to work hard on pursuing good governance, eliminating systemic injustice, and  serving our community.    Thank you,  George Brown  Item 7.A 01/12/21 4 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 242 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 2       Item 7.A 01/12/21 5 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 243 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:zinajosephs@aol.com Sent:Monday, January 11, 2021 11:58 AM To:councilmtgitems; Gleam Davis; Councilmember Kevin McKeown; Kristin McCowan; Sue Himmelrich; Christine Parra; Oscar de la Torre; Phil Brock Cc:zinajosephs@aol.com Subject:City Council 1/12/21 iterm 7-A: Public Safety Reform & Oversight Commission -- SUPPORT EXTERNAL    January 11, 2021 To: Mayor Himmelrich and City Council members From: Board of Directors, Friends of Sunset Park RE: 1/12/21 agenda item 7-A: Public Safety Reform & Oversight Commission The FOSP Board supports the establishment of a Public Safety Reform & Oversight Commission, as described in the proposed ordinance, and we also support retaining an Inspector General to facilitate the work of the Commission. Item 7.A 01/12/21 6 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 244 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:Wittig, Michele A <Michele.Wittig@csun.edu> Sent:Monday, January 11, 2021 12:20 PM To:councilmtgitems Cc:Sue Himmelrich; Kristin McCowan; Councilmember Kevin McKeown; Phil Brock; Christine Parra; Oscar de la Torre; Gleam Davis Subject:Coalition for Police Reform Support for Item 7A: Draft Ordinance EXTERNAL    Re: Item 7A Council Agenda of January 12, 2021   Dear Members of the Santa Monica City Council:  The Santa Monica Coalition for Police Reform (CPR), a grassroots group promoting local police reform since 2015,  strongly supports the proposed Ordinance to establish a Public Safety Reform and Oversight Commission.   We urge you  to adopt the ordinance in its current form.  We congratulate and thank the Public Safety Reform Advisory Committee, as well as city staff who have worked so hard  to develop the recommendations that have been incorporated into the draft ordinance.  The creation of the new Oversight Commission, with the addition of an independent Inspector General, will be a critical  mechanism for helping make Santa Monica safer and more inclusive. It will ensure accountability to all residents and  visitors. We look forward to seeing this Oversight Commission created and filled with a diverse group of Santa Monicans  who can represent us all in this important work.  While we regret that it took the terrible events of the past year to spark this action, we are grateful and proud that our  city is taking major steps to make Santa Monica better, safer, and more just.  Sincerely,  Michele Wittig, Convener  On behalf of the  Santa Monica Coalition for Police Reform    Item 7.A 01/12/21 7 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 245 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) Diversity & Inclusion Committee, Santa Monica Democratic Club January 11, 2021 Dear Santa Monica City Council: RE: 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. The Diversity & Inclusion Committee of the Santa Monica Democratic Club urges acceptance of the draft ordinance in its entirety, including the creation of a diverse Oversight Commission, as proposed by the City of Santa Monica’s 15-member Public Safety Reform Advisory Committee (“PSRAC”). The PSRAC was established by the Interim City Manager on July 10, 2020, to investigate and “craft recommendations regarding the Santa Monica Police Department’s use of force policies and changes that should be made to the City’s budget to better achieve public safety and wellbeing.” Our Diversity & Inclusion Committee has as its mission: “…to seek constructive activism through advocating for legislation and awareness…” The committee was formed as a response to the unwarranted deaths of people of color by the actions of poor policies for rules of engagement by law enforcement officials across the nation. We know their names. Some of them include Please consider with appropriate weight our request. With respect, Janine Bush, Chair Rana Kirkland, Co-Vice Chair Ed Hunsaker, Co-Vice Chair Angela Scott Patricia Hoffman Dolores Sloan Antonella Borjas Ericka Lesley Kymberli Miles Donna Brown Jeremy Bruck Ebony Murphy Keith Coleman 17 July 2014 Eric Garner 9 August 2014 Michael Brown 22 November 2014 Tamir Rice 4 April 2015 Walter Scott 5 July 2016 Alton Sterling 6 July 2016 Philando Castile 18 March 2018 Stephon Clark 13 March 2020 Breonna Taylor 25 May 2020 George Floyd Item 7.A 01/12/21 8 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 246 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:Ralinda Harvey Smith <ralindah@gmail.com> Sent:Monday, January 11, 2021 9:42 PM To:councilmtgitems Subject:January 12, 2021 Council Meeting EXTERNAL        Dear Councilmembers:    As a member of the Public Safety Reform Advisory Committee, I would like to express my full support for the draft  ordinance listed as item 7.A on the city council agenda meeting for January 12, 2021.     Thank you for your service to our community.     Ralinda Harvey Smith  Item 7.A 01/12/21 9 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 247 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:Angela Scott <appointedscribe7@gmail.com> Sent:Monday, January 11, 2021 10:58 PM To:Sue Himmelrich; Kristin McCowan; Councilmember Kevin McKeown; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; councilmtgitems Subject:COMMENT FOR ITEMS 2B AND 7A OF JANUARY 12 CITY COUNCIL AGENDA Follow Up Flag:Follow up Flag Status:Completed EXTERNAL    January 11, 2021  RE: ITEM 2B - RECALL OF MAYOR AND MAYOR PRO-TEM  ITEM 7A - ORDINANCE OF THE SANTA MONICA CITY COUNCIL ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.5 TO ESTABLISH A PUBLIC SAFETY AND REFORM OVERSIGHT COMMISSION  Dear City Councilmembers:    First off, I'd like to say, "Welcome Aboard," to Councilmembers Brock, Parra, and De la Torre. I look forward to experiencing the effective change you vowed to implement.  Item 2B    As a Pico-area resident, community activist, and education advocate, I support the continued leadership of Mayor Sue Himmelrich and Mayor Pro-Tem Kristin McCowan. Mayor Himmelrich’s reputation as a voice that represents Santa Monica’s diverse community is exemplified in her profession as an anti-poverty attorney at Western Center on Law & Poverty representing. Considering more than 70% of residents are tenants, it’s reassuring to know Mayor Himmelrich has an extensive background in housing and rent control. As we navigate our way through this time of COVID-19 and civil unrest, Mayor Himmelrich’s policy insight is invaluable.   She successfully spearheaded reform efforts to streamline our financial infrastructure by establishing an audit committee. In an effort to improve the opportunities for marginalized residents, foster children in impact cases, and students with special needs, Mayor Himmelrich sponsored Measures GS and GSH to raise money for affordable housing and school improvement. Following the May 31 riot here in Santa Monica, Mayor Himmelrich reached out to Black leaders/influencers to help address issues of systemic racism and public safety concerns.   Her efforts led to the formation of the Black Agenda as well as the launching of the after-action review of the May 31 mayhem. Instead of resting on laurels of past successes, Mayor Himmelrich continues to fight for affordable housing, access to high-quality education, and decent living wages. Mayor Himmelrich has all the characteristics of a strong leader – the kind of leader who will safely guide us through these unchartered waters.  I fully support Mayor Pro-Tem Kristin McCowan. As a second-generation Santa Monican of Black and Italian ancestry, Mayor Pro-Tem McCowan has the innate ability to view all issues from a Social Justice lens of equity. Her previous experience working for FEMA, the Obama Administration, and Mayor Garcetti has more than Item 7.A 01/12/21 10 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 248 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 2 equipped Mayor Pro-Tem McCowan for the difficult road ahead. More importantly, Mayor Pro-Tem McCowan is a passionate advocate for systemic change. I believe Mayor Pro-Tem McCowan will effectively address reimagining public safety, access to affordable housing, improve healthcare access, and economic stability – issues that have disproportionately affected people of color during this pandemic.     ITEM 7A  Like many others, I regret the unfortunate events from May 31, 2020. This tragic event is a sore reminder of the systemic racism that exists within law enforcement agencies. At the same time, this incident proved to be a catalyst, igniting change in our beloved city. As an unapologetic advocate for criminal justice reform and member of the Public Safety Reform Advisory Committee, I believe transparency and accountability are pivotal in our work to reimagine public safety. The City Staff made a diligent effort in developing this robust Ordinance based on the Public Safety Reform Advisory Committee’s recommendations.   I strongly urge the Council to approve the Ordinance to Establish a Public Safety Reform and Oversight Commission. Creation of an Oversight Commission that is diverse and inclusive of Santa Monica’s varied communities is a crucial first step in addressing continued issues of implicit and explicit bias, racial profiling, and microaggression that our community often experiences when dealing with SMPD. Among this inclusive and diverse group of commissioners, at least two commissioners should be between the ages of 18 and 25. I also believe adding an Inspector General as a conduit between the Commission and SMPD will meet the need for an expert in law enforcement.   Accepting the Ordinance in its entirety based on the recommendations of the Public Safety Reform Advisory Committee exemplifies the City Council’s commitment to reimagining community policing and creating a safer and just city.    Respectfully,    Angela D. Scott  Pico Area Resident and Activist     Angela D. Scott    "You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm    Item 7.A 01/12/21 11 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 249 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:Karen Wise <kwise2@gmail.com> Sent:Tuesday, January 12, 2021 12:07 PM To:councilmtgitems Subject:public comment on City Council Meeting agenda item 7.A. January 12, 2021 EXTERNAL    Comment on Item 7.A. Public Safety Oversight Commission  Tuesday, January 12, 2021     Dear Members of the Santa Monica City Council:   I write to express my strong support for the proposed ordinance creating a Public Safety Oversight Commission.  I urge  you to pass this ordinance without removing any of its provisions.   I also urge that in the creation the commission, you recruit the widest array of Santa Monicans including those with not  only different cultural, ethnic, racial, demographic and economic and points of view to serve.  With thanks to the members of the Public Safety Advisory Committee and the staff that wrote the ordinance from their  recommendations.   Sincerely yours, Karen Wise, Santa Monica, CA.    Karen Wise  kwise2@gmail.com        Item 7.A 01/12/21 12 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 250 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:jbartholomew4@verizon.net Sent:Tuesday, January 12, 2021 12:53 PM To:councilmtgitems Subject:First Reading - Ordinance to Create an Oversight Commission EXTERNAL    Dear Councilperson, When you review the ordinance to create a Public Safely Reform and Oversight Commission tonight, I hope that you will keep in mind the public response to the killing of George Floyd last spring. Good relations between the community and the police are a high priority. I read the section on the shape and form of the proposed ordinance, in the Staff Report 4313 on the Introduction and First Reading of an Ordinance to establish a Public Safely Reform and Oversight Commission. I see one glaring need in the ordinance. There needs to be one member in the Commission who is elected by Santa Monica residents. Granted, I see a lot of community outreach provided for by the Commission and ongoing by the SMPD. However, community relations would be well served by the election process for selecting one of the Commission's members. The conversations would be more inclusive and free-flowing, and I believe that these conversations would tap into a broader perspective on public needs than would organized meetings. I think that such public discussions would provide for more genuine and inclusive public involvement in the dialog between the public and the SMPD. I am very happy that the formation of an oversight commission has reached this stage in its development and am hopeful that a meaningful conclusion will be reached. Thank you for all your work! Jan Bartholomew Member of the Santa Monica Religious Society of Friends, Quakers Resident and property owner in Santa Monica Item 7.A 01/12/21 13 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 251 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:John Medlin <jmsamurai48@hotmail.com> Sent:Tuesday, January 12, 2021 1:03 PM To:councilmtgitems Subject:Salary of Inspector General for New PUBLIC SAFETY REFORM & OVERSIGHT COMMISSION EXTERNAL    Agenda, 12 Jan 2021, Ordinance Item 7, deals with the newly proposed PUBLIC SAFETY REFORM & OVERSIGHT COMMISSION. The Staff report, page 20, states the new public volunteer Commission to be managed by a new Inspector General - "Staff estimates a full-time Inspector General position to cost approximately $200,000- $225,000, including benefits." How is it that a new Commission of Voluntary members requires an “Inspector General” with a salary of $200,000 after the City fired over 200 people last Fall?    Thank you,    John Medlin  Santa Monica, CA 90403    Item 7.A 01/12/21 14 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 252 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 1 Vernice Hankins From:Angela Scott <appointedscribe7@gmail.com> Sent:Tuesday, January 12, 2021 1:19 PM To:Sue Himmelrich; Kristin McCowan; Councilmember Kevin McKeown; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; councilmtgitems; Lane Dilg Subject:COMMENT FOR ITEM 7A OF JANUARY 12 CITY COUNCIL AGENDA EXTERNAL    RE: ITEM 7A - ORDINANCE OF THE SANTA MONICA CITY COUNCIL ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.5 TO ESTABLISH A PUBLIC SAFETY AND REFORM OVERSIGHT COMMISSION        Dear Councilmembers and Interim City Manager Dilg.  Like many others, I regret the unfortunate events from May 31, 2020. This tragic event is a sore reminder of the systemic racism that exists within law enforcement agencies. At the same time, this incident proved to be a catalyst, igniting change in our beloved city.   As an unapologetic advocate for criminal justice reform and member of the Public Safety Reform Advisory Committee, I believe transparency and accountability are pivotal in our work to reimagine public safety. The City Staff made a diligent effort in developing this robust Ordinance based on the Public Safety Reform Advisory Committee’s recommendations.  I strongly urge the Council to approve the Ordinance to Establish a Public Safety Reform and Oversight Commission. The creation of an Oversight Commission that is diverse and inclusive of Santa Monica’s varied communities is a crucial first step in addressing continued issues of implicit and explicit bias, racial profiling, and microaggression that our community often experiences when dealing with SMPD. Among this inclusive and diverse group of commissioners, at least two commissioners should be between the ages of 18 and 25.   I also believe adding an Inspector General as a conduit between the Commission and SMPD will meet the need for an expert in law enforcement.  Accepting the Ordinance in its entirety based on the recommendations of the Public Safety Reform Advisory Committee exemplifies the City Council’s commitment to reimagining community policing and creating a safer and just city.    Respectfully,    Angela   Angela D. Scott    Item 7.A 01/12/21 15 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 253 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 2 "You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm    Item 7.A 01/12/21 16 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 254 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) 3 Vernice Hankins From:Matt Stauffer <govaffairs@smchamber.com> Sent:Tuesday, January 12, 2021 1:20 PM To:councilmtgitems; Council Mailbox Subject:Item 7.A - Introduction and First Reading of an Ordinance to establish a Public Safety Reform and Oversight Commission Attachments:Chamber to City Council re Public Safety Reform and Oversight Commission 1-12-21.pdf EXTERNAL    Dear Mayor and Council Members:    Please see the attached joint letter from the Chamber of Commerce and Santa Monica Travel & Tourism,  related to tonight's agenda item 7.A and the representation of the business community on any public safety  reform and oversight commission.    Thank you,    Matt Stauffer  Executive Vice President of External Affairs  Santa Monica Chamber of Commerce  (310) 393‐9825 ext. 1116  Item 7.A 01/12/21 17 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 255 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission) January 12, 2021 City Council City of Santa Monica 1685 Main St Santa Monica, CA 90401 RE: Item 7.A - Introduction and First Reading of an Ordinance to establish a Public Safety Reform and Oversight Commission Dear Mayor Himmelrich and Council Members: As you consider the creation of a public safety reform and oversight commission, we ask that you ensure that any such commission has adequate representation from the business community. The existing Public Safety Reform Advisory Committee has recommended that commission members “have a significant commitment to the public safety and wellbeing of the City, as well as knowledge of or experience with law enforcement.” Our local businesses clearly meet this requirement. Santa Monica’s local businesses were on the front lines of the civil unrest that erupted last summer and have a unique stake in ensuring that Santa Monica is a safe and inclusive place to visit, live, work, and play. We respectfully ask that you consider business representation on any public safety reform and oversight commission. Thank you, Laurel Rosen, President/CEO Misti Kerns, President/CEO Santa Monica Chamber of Commerce Santa Monica Travel & Tourism Becky Warren, Elevate Public Affairs, Chair Damien Hirsch, JW Marriott Santa Monica Le Merigot, Chair Jeff Klocke, Pacific Park Albin Gielicz, Resident Len Lanzi, Stubbs Alderton & Markiles LLP Neil Carrey, Baker & Hostetler, LLP Dave Rand, Armbruster Goldsmith & Delvac LLP Jan Williamson, 18th Street Arts Center Julia Ladd, Macerich/Santa Monica Place Ellis O’Connor, MSD Hospitality LLC Peter Trinh, Lanea/The Craftsman Jamarah Hayner, JKH Consulting Damien Hirsch, JW Marriott Santa Monica Le Merigot Item 7.A 01/12/21 18 of 18 Item 7.A 01/12/21 7.A.f Packet Pg. 256 Attachment: Written Comments (4313 : Establish Public Safety Reform and Oversight Commission)