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File #: 17-5641   
Type: Appointment - With Ordinance
In control: City Council A Session
On agenda: 11/9/2017
Posting Language: An Ordinance appointing Nadia Islam, Jesus Diaz, Judy Razo, Dr. Anika Smith and Shelley Baillargeon to the Citizen Advisory Action Board for two year terms of office. [Erik Walsh, Deputy City Manager; William McManus, Chief of Police]
Attachments: 1. CAAB Appointments 102317, 2. Ordinance 2017-11-09-0886

DEPARTMENT: Police                     

 

DEPARTMENT HEAD: William P. McManus, Chief of Police

                     

COUNCIL DISTRICTS IMPACTED: Citywide

 

SUBJECT: Citizen Advisory Action Board

 

SUMMARY:

 

An Ordinance authorizing the following appointments to the Citizen Advisory Action Board:

 

Nadia Islam

Jesus Diaz

Judy Razo

Dr. Anika Smith

Shelley Baillargeon

 

A priority of the City’s during the 2009 collective bargaining negotiations and included within the final agreement was an increase in citizen participation within the citizen complaint process and internal police investigations.  Additionally, how citizens were selected was amended to remove the SAPOA ability to strike candidates for consideration prior to City Council selection.  The Chief’s Advisory Action Board (CAAB) hears investigations on complaints made against police officers for misconduct, use of force and violations of the SAPD general manual. 

 

During these hearings, seven citizens and seven uniformed officers are presented details of the Internal Affairs investigation, question the officers and/or the complainants and recommend whether or not the complaint is founded or unfounded.  The uniform officers and citizens take separate votes on whether a complaint is founded or unfounded.  In the cases where a complaint is founded, both groups (uniform and citizen) make separate recommendations of discipline to the Police Chief.  The Police Chief makes all final determinations on discipline.  Involving a diverse set of citizens in the review of complaints against police officers enhances the transparency of the disciplinary process.  Having seven citizens with seven officers allows for the shared discussion of an incident which results in a thorough review. 

 

Applicants were interviewed by a four-person panel, which consisted of Deputy City Manager Erik Walsh, Chief of Police William McManus, Assistant City Attorney Elizabeth Provencio and Captain Brian Reyes.  The recommended list of appointees includes four females and one male and is comprised of two Hispanics, one Caucasian, one African American, and one Asian/Pacific Islander .   

 

 

The process outlined in the Collective Bargaining Agreement requires the City Manager’s Office to solicit and review applicants and to recommend appointment of individuals to City Council for consideration.  Additionally, the Police Chief reviews and determines whether or not to recommend candidates for appointment. Further, and also in accordance with the CBA, these recommended individuals are provided to SAPOA for their review.  Each applicant must pass a background check and cannot have been indicted of a felony or a crime of moral turpitude or officially charged with a Class A or B misdemeanor.  Terms on the CAAB will be for a two-year period and citizens are rotated every 180 days to spread the amount of work to all appointed.

 

 

ISSUE:

 

This Ordinance will appoint citizens to serve on the Citizen Advisory Action Board and participate in the citizen complaint process, internal police investigations and the SAPD disciplinary process.

 

ALTERNATIVES:

 

The Office of the City Clerk will continue to advertise the vacancies, which would delay the appointments.

 

FISCAL IMPACT:

 

There is no fiscal impact.

 

RECOMMENDATION:

 

Staff recommends approval by the City Council for the Citizen Advisory Action Board (CAAB) appointments.