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SR 01-26-2021 7B City Council Report City Council Meeting: January 26, 2021 Agenda Item: 7.B 1 of 1 To: Mayor and City Council From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law Subject: Second Reading And Adoption Of 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 Recommended Action Staff recommends that City Council adopt the attached Ordinance. Executive Summary At its meeting on January 12, 2021, the City Council introduced for first reading an ordinance adding SMMC Chapter 2.50 to establish a Public Safety Reform and Oversight Commission. The ordinance is now presented to City Council for adoption. Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council Attachments: A. CMO-Ord-PoliceCommission-20210126-2d 7.B Packet Pg. 819 1 City Council Meeting: January 26, 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.B.a Packet Pg. 820 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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.B.a Packet Pg. 821 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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.B.a Packet Pg. 822 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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.B.a Packet Pg. 823 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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 in the City; 7.B.a Packet Pg. 824 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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) Persons holding any paid office or employment in the City government, including but not limited to sworn officers and non-sworn employees of the SMPD, shall not be eligible to serve as commissioners. Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the SMPD also shall not be eligible to serve as commissioners. (e) Within one year of appointment, each commissioner shall participate in training relevant to providing oversight of law enforcement and to the understanding of racial justice. Such training shall include participation in the SMPD Community Academy. The Commission shall identify reasonable additional required training, which may include programs offered by the National Association of Civilian Oversight of Law Enforcement, the Association of Local Government Auditors, entities with experience providing racial justice training, or other similar bodies. 7.B.a Packet Pg. 825 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 7 2.50.030 Staff and Support (a) The Commission shall be supported by an Inspector General, who shall be a contractor retained by the City Manager’s Office but shall report to and receive direction from the Commission. (1) The Inspector General shall be required to satisfy background check requirements sufficient to enable access to criminal history and other law enforcement sensitive information as well as SMPD disciplinary records and personnel files, including the disciplinary records and personnel files of sworn SMPD officers. (2) The Inspector General shall have access to and may review SMPD disciplinary records and personnel files, including the disciplinary records and personnel files of sworn SMPD officers, for the purpose of gathering information regarding compliance with, or violations of, procedures and policies governing disciplinary investigations and actions. To the extent permitted by State and Federal law, the Inspector General may disclose information and make reports to the Commission regarding compliance with, or violations of, procedures and policies governing disciplinary investigations and actions. (3) The Inspector General shall have access to SMPD data and records regarding uses of force, stops, arrest, convictions, and such other matters as the Commission may request. To the extent permitted by State and Federal law, the Inspector General may disclose information and make reports to the Commission regarding these matters. 7.B.a Packet Pg. 826 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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.B.a Packet Pg. 827 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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.B.a Packet Pg. 828 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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 150 days after the first official meeting of the Commission, the Commission shall prepare and present to the Police Chief, City Manager, and City Council a set of initial recommendations regarding proposed reforms for handling complaints regarding SMPD conduct, including proposed reforms for the intake, review, and investigation of complaints and the oversight of disciplinary decisions and policies. SECTION 2. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 7.B.a Packet Pg. 829 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission) 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.B.a Packet Pg. 830 Attachment: CMO-Ord-PoliceCommission-20210126-2d (4419 : 2nd Reading - Public Safety Commission)