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SR 12-13-2022 5R City Council Report City Council Meeting: December 13, 2022 Agenda Item: 5.R 1 of 3 To: Mayor and City Council From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Adoption of a Resolution Extending Training Deadline for the Public Safety Reform and Oversight Commission Recommended Action Staff recommends that the City Council adopt the attached Resolution requiring completion of training by the Public Safety Reform Oversight Commission members. Summary On September 20, 2022, the Santa Monica Police Officers Association (“SMPOA”) notified the City of its intent to file litigation seeking the removal of three members of the Public Safety Reform and Oversight Commission (“Commission”) due to their failure to attend portions of required trainings. The proposed Resolution would rectify this situation by ensuring that all commissioners will complete the training requirements with a minimum amount of further delay. The Resolution provides: • commissioners will have a final opportunity to complete any required training by February 1, 2023, and if any commissioner has failed to do so, the City Council intends to suspend or remove that member from the Commission; • that the City Council directs the City Manager to facilitate and provide any commissioner with a reasonable opportunity to complete the required trainings before this deadline; and • if any commissioner requires a training modification due to any health-related reason, the Santa Monica Police Department (“SMPD”) and the commissioner shall cooperate 5.R Packet Pg. 436 2 of 3 with the City Manager regarding any such modification that does not unduly interfere with the training. Discussion Santa Monica Municipal Code Section 2.50.020(f) provides that the Commission’s members must fulfill certain training requirements by May 31, 2022: Within six months 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; a training session of two hours or less presented by the SMPOA that will address topics including the rights of police officers under the Police Officers Bill of Rights; and reasonable additional required training as identified by the Commission, which may include programs offered by the National Association of Civilian Oversight of Law Enforcement, the Association of Local Government Auditors, entities with experience providing racial justice training, or other similar bodies. The Commissioners initially appointed to the Commission shall have until May 31, 2022, to complete the required training. Failure to complete required training will result in removal from the Commission. As of May 31, 2022, the majority of the commissioners completed these training requirements. Most of the remaining commissioners have substantially completed training requirements and were unavailable for a few training sessions due to extenuating circumstances. The attached resolution will provide adequate time for certain commissioners to complete their training. Environmental Review The contemplated action is not a “project” within the meaning of the California Environmental Quality Act. 5.R Packet Pg. 437 3 of 3 Financial Impacts There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Douglas Sloan, City Attorney Approved Forwarded to Council Attachments: A. Proposed PSROC Training Resolution 5.R Packet Pg. 438 1 City Council Meeting: December 13, 2022 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUIRING CERTAIN MEMBERS OF THE PUBLIC SAFETY REFORM AND OVERSIGHT COMMISSION TO COMPLETE REQUIRED TRAINING BY FEBRUARY 1, 2023, SETTING FORTH THAT THE CITY COUNCIL INTENDS TO SUSPEND OR REMOVE ANY COMMISSIONER WHO FAILS TO COMPLETE THE TRAINING BY FEBRUARY 1, 2023, AND DIRECTING THE CITY MANAGER TO PROVIDE THE COMMISSIONERS WITH A REASONABLE OPPORTUNITY TO FULFILL ANY REMAINING TRAINING REQUIREMENTS WHEREAS, pursuant to Section 1000 of the City Charter, Santa Monica Municipal Code (“SMMC”) Chapter 2.50 establishes the City’s Public Safety Reform and Oversight Commission (“Commission”); and WHEREAS, the Commission has the authority and duty to review and make recommendations regarding Santa Monica Police Department (“SMPD”) policies and practices; review and make recommendations regarding SMPD disciplinary investigations, proceedings, and actions; collaborate with SMPD to sponsor and promote interaction and trust building between SMPD and community members; promote transparency of SMPD data and records; collaborate with SMPD and the community to promote restorative justice; make recommendations regarding best practices in community-oriented policing and reimagining public safety and wellbeing; and review and make recommendations regarding the SMPD budget; and WHEREAS, the City Council appoints eleven Commission members, and the Police Chief and the Santa Monica Police Officers Association (“SMPOA”) also jointly recommend a twelfth member of the commission who serves in an ex officio non-voting capacity; and 5.R.a Packet Pg. 439 Attachment: Proposed PSROC Training Resolution (5512 : PSROC Training Resolution) 2 WHEREAS, the City Council, Police Chief, and SMPOA have made their appointments, and the Commission has a full complement of twelve members; and WHEREAS, SMMC Section 2.50.020(f) requires the Commissioners to fulfill training requirements – the SMPD Community Academy, a SMPOA training regarding the Police Officers Bill of Rights, and any additional training required by the Commission itself; and WHEREAS, SMMC Section 2.50.020(f) requires the Commissioners initially appointed to the Commission to complete the required training by May 31, 2022, and any other Commissioners to complete the required training within six months of their appointment; and WHEREAS, SMMC Section 2.50.020(f) does not exempt the ex officio non-voting member of the Commission from these training requirements; and WHEREAS, some of the Commissioners initially appointed to the Commission did not complete the SMPD Community Academy Training by May 31, 2022; and WHEREAS, one of the Commissioners did not complete the SMPD Community Academy Training and the SMPOA training regarding the Police Officers Bill of Rights within six months of the Commissioner’s appointment; and WHEREAS, under City Charter Section 1002, the City Council may remove Commissioners with five affirmative votes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council will provide Commissioners initially appointed to the Commission who have not completed required training with a final opportunity to complete 5.R.a Packet Pg. 440 Attachment: Proposed PSROC Training Resolution (5512 : PSROC Training Resolution) 3 the SMPD Community Academy training by February 1, 2023. If any initially appointed Commissioner has failed to complete required and agreed upon training by February 1, 2023, the City Council intends to suspend or remove that member from the Commission. No such Commissioner will be required to undergo any training that the commissioner has previously completed. SECTION 2. The City Council will provide the Commissioner appointed on January 25, 2022, with a final opportunity to attend the SMPD Community Academy training and the SMPOA training regarding the Police Officers Bill of Rights by February 1, 2023. If the Commissioner fails to complete these required and agreed upon trainings by February 1, 2023, the City Council intends to suspend or remove that member from the Commission. The Commissioner will not be required to undergo any training that the Commissioner has previously completed. SECTION 3. The City Council directs the City Manager to facilitate and provide any Commissioner who needs to complete the training required by SMMC Section 2.50.020(f) with a reasonable opportunity to do so before February 1, 2023. If any Commissioner requires any training modification due to any health-related reason, the SMPD and the Commissioner shall cooperate with the City Manager regarding any such modification that does not unduly interfere with the training. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ________________________ DOUGLAS SLOAN City Attorney 5.R.a Packet Pg. 441 Attachment: Proposed PSROC Training Resolution (5512 : PSROC Training Resolution)