HomeMy WebLinkAbout2022-12-06; City Council; ; Establishment of a Community-Police Engagement Commission and Clarifying Amendments to Carlsbad Municipal Code Chapter 2.15 – Boards and CommissionsCA Review AF .
Meeting Date: Dec. 6, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Legislative & Constituent Services Director
sheila.cobian@carlsbadca.gov, 442-339-2917
Mickey Williams, Police Chief
mickey.williams@carlsbadca.gov, 442-339-2130
Allegra Frost, Assistant City Attorney
allegra.frost@carlsbadca.gov, 442-339-2891
Subject: Establishment of a Community-Police Engagement Commission and
Clarifying Amendments to Carlsbad Municipal Code Chapter 2.15 –
Boards and Commissions
District: All
Recommended Actions
1.Introduce an ordinance establishing the Community-Police Engagement Commission.
2.Adopt a resolution setting the initial terms of the members of the Carlsbad Community-
Police Engagement Commission.
3.Introduce an ordinance making clarifying amendments to Carlsbad Municipal Code
Chapter 2.15 – Boards and Commissions.
Executive Summary
The City of Carlsbad understands that a trusting relationship between the community and
Police Department is essential for a high-quality public safety environment. Following a series
of City Council meetings and community engagement forums in 2020 and 2021, the City Council
hired OIR Group, a leading consultant in police practices, to develop recommendations for the
best way to address community interest in a forum to provide more formal engagement with
the police department. After receiving OIR Group’s report and recommendations, the City
Council voted to direct staff to draft an ordinance establishing a community police engagement
commission.
The proposed ordinance establishes the Community-Police Engagement Commission based on
the recommendations contained in the OIR Group’s report and the City Council’s June 7, 2022,
direction, with some proposed minor changes that are described below.
The proposed resolution sets staggered terms for the initial appointments, which will coincide
with the remaining term of the council member who made the appointment.
Dec. 6, 2022 Item #9 Page 1 of 17
The second ordinance contains two clarifying amendments to Carlsbad Municipal Code Section
2.15.030 - Board and commission membership and 2.15.070 – Vacancies, removal and
attendance. (Exhibit 3). Although these amendments are not directly related to the
establishment of the Community-Police Engagement Commission, staff are bringing them
forward at this time for efficiency.
Discussion
At its June 7, 2022, meeting the City Council directed staff to develop an ordinance to establish
a Community-Police Engagement Commission with the following characteristics:
• Five-member commission with no special interests
• Primary duty of community engagement, not police oversight
• Quarterly meetings
• Annual workplans presented to the City Council
• Named the Carlsbad Community-Police Engagement Commission
• Reports directly to the City Council
The proposed ordinance contained in Exhibit 1 adds Chapter 2.30 – Community-Police
Engagement Commission to the Carlsbad Municipal Code to establish the Community-Police
Engagement Commission and includes a related amendment to Chapter 2.15 – Boards and
Commissions. The proposed ordinance contained in Exhibit 3 makes additional clarifying
revisions to Chapter 2.15 - Boards and Commissions.
Qualifications and membership
In addition to the specifications listed above, the proposed ordinance contained in Exhibit 1
includes the following:
Commission members would be selected through the same process used for the Planning, Parks
& Recreation and Traffic & Mobility commissions: The mayor and council members would each
appoint one member, with preference given to appointing a member who resides in the council
member’s district.
As with all boards and commissions, and with the exception of the initial appointments by the
council members for districts 2 and 4, members would serve for four-year terms and would be
limited to two terms by municipal code Section 2.15.060 - Term.
Members of the commission would need to be:
• Residents of the city and a registered voter
• Not currently officers or employees of the city
• Not currently a sole proprietor under contract with the city, or a consultant or employee
of an entity under contract with the city, performing work that relates to the powers or
duties of the commission (if the proposed amendments to Section 2.15.030 are
adopted)1
1 If the proposed amendments to Section 2.15.030 are not adopted, this code section currently requires board or
commission members to not be “currently an officer of or employed by the City of Carlsbad or under contract with
the City of Carlsbad.” (Italics added).
Dec. 6, 2022 Item #9 Page 2 of 17
• Not currently an officer, director, owner or principal of an entity under contract with the
City of Carlsbad to perform work that relates to the powers or duties of the board or
commission (if the proposed amendments to Section 2.15.030 are adopted)
In selecting members for the commission, the City Council should also consider the following
additional criteria:
• A demonstrated ability to be open minded, impartial, objective, and unbiased
• An absence of any real or perceived bias, prejudice, or conflict of interest
• A record of community involvement
• An ability to build constructive working relationships and communicate effectively with
diverse groups
• A demonstrated commitment to the purpose of the commission with an eye toward
fostering positive police-community relationships
• Attendance at the Carlsbad Citizens Police Academy
People involved in ongoing litigation against the city related to police matters, current police
department employees and their parents and children would be ineligible to serve on the
commission.
Staff are also recommending revisions to Section 2.15.030 - Board and commission
membership—Qualifications and Section 2.15.070 – Vacancies, removal and attendance.
(Exhibit 3). The amendment to Section 2.15.030 would clarify that persons are ineligible to
serve on a board or commission if they are currently performing work for the city, as a sole
proprietor, consultant or employee of an entity, that relates to powers or duties of the board or
commission. In addition, persons are ineligible to serve on a board or commission if they are an
officer, director, owner or principal of an entity which has contracted with the city to perform
work that relates to the powers or duties of the board or commission.
For example, an employee of a corporation that has a contract with the city to perform work
related to the powers or duties of the board or commission would be ineligible if the employee
was performing the work. However, the person would not become ineligible if their employer
contracted with the city for work related to the powers of the board or commission, provided
they were not performing the work.2 The amendment to Section 2.15.070 clarifies that a board
or commission member forfeits their seat if they no longer meet the eligibility criteria
contained in section 2.15.030.
Training
After they are appointed, commission members will receive training on:
• The authority and responsibilities associated with their role as a commission member
• City policies and legal requirements governing commission meetings
• Carlsbad Police Department policies, procedures, and practices
As soon as practical after they are appointed, commission members will also attend or observe:
• Police officer use of force training, including defensive tactics and scenario-based
training
2 In this instance, the employee may still have a financial conflict of interest under the Political Reform Act, which
may require the employee to recuse from a matter before the commission.
Dec. 6, 2022 Item #9 Page 3 of 17
• Police officer implicit bias training
• Police officer training related to interaction with people in mental health crisis
• At least two ride-alongs with the Carlsbad Police Department, one of which should be
with the Homeless Outreach Team
• A presentation from the city’s Homeless Services Coordinator
Duties
The duties of the commission as outlined in the ordinance will be to:
• Promote productive communication and interaction between the City of Carlsbad Police
Department and community
• Provide a forum for police leadership to inform the commission and public of police
initiatives, challenges, and data relating to police activity
• Educate the community and receive community feedback regarding policing standards
and expectations
• Create additional community access to public safety information
• Recommend changes or improvements to Carlsbad Police Department policies,
procedures or training
• Review new or proposed Carlsbad Police Department programs to evaluate how those
programs might impact disenfranchised and marginalized communities
• Provide a forum for presentations by police leadership on matters that receive high
media interest or come to the attention of the commission
The OIR Group report recommended that the City Council review the commission’s purpose
and duties on an annual basis to determine whether any changes should be made to improve
the functioning of the commission. The existing municipal code Chapter 2.15 provides for an
annual report to the City Council and approval of a workplan that will enable the City Council to
conduct this annual review.
Initial appointments
The terms of the commission members will be staggered and will coincide with the mayor or
councilmember who appointed them. Since this is a new commission, the terms of the initial
commission members will need to be adjusted. The schedule proposed in the attached
resolution will allow for staggering of the new commission members’ terms to coincide with the
mayor and councilmembers’ terms as follows:
• The Mayor and City Council Members from District 1 and District 3 will each appoint
a commission member for a term to run from March 2023 - Dec. 2026.
• City Council Members from District 2 and District 4 will each appoint a commission
member for a term to run from March 2023 - Dec. 2024.
All subsequent appointments would be for four-year terms and would coincide with the term of
the appointing council member or the mayor. If there is a vacancy in a City Council district seat
at the time of the commission’s initial formation and appointment, the Mayor will make the
appointment.
The resolution also directs the City Clerk Services Manager to add the Carlsbad Community-
Police Commission to the state-required list of local appointments before Dec. 31, 2022, so that
community members interested in serving on the commission can begin submitting
Dec. 6, 2022 Item #9 Page 4 of 17
applications. Staff anticipate returning to the City Council to request appointments to the
commission in March 2023.
Fiscal Analysis
Supporting this commission will involve staff time that will be absorbed within the existing
workload of the Police Department, City Attorney’s Office and City Manager’s Office. The
estimated annual cost of $4,000 for technical support, videography and archiving the meeting
videos will be requested in the proposed budget for fiscal year 2023-24.
Next Steps
The City Clerk Services Manager will prepare the ordinances for adoption at the next regular
City Council meeting. Once adopted, the City Clerk Services Manager will publish the ordinances
or a summary of the ordinances in a newspaper of general circulation within 15 days. The
ordinances will be effective 30 days following adoption.
In keeping with Council Policy No. 88, the City Clerk’s Office will post the vacancy notice on the
City website, at the City libraries and the Faraday Administration Building for a period of 30
days, beginning Monday, Jan. 23, 2023. The City Clerk’s Office will place the appointment of the
Community-Police Engagement Commission tentatively on the March 21, 2023, City Council
Agenda.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to
cause either a direct physical change or a reasonably foreseeable indirect physical change in the
environment.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for
public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council ordinance - Community-Police Engagement Commission
2.City Council resolution
3.City Council ordinance – Clarifying amendments to Chapter 2.15
4.Carlsbad Municipal Code Sections 2.15.030 and 2.15.050, with proposed revisions
highlighted
Dec. 6, 2022 Item #9 Page 5 of 17
ORDINANCE NO. CS-441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 2.15 AND ADDING CHAPTER 2.30
COMMUNITY-POLICE ENGAGEMENT COMMISSION TO TITLE 2 OF THE
CARLSBAD MUNICIPAL CODE
WHEREAS, in January and February of 2021 the city held public meetings and conducted an
online survey in order to engage with the community on issues related to law enforcement policies,
practices and accountability measures; and
WHEREAS, in March 2021 the City Council received reports from city staff and a professional
facilitator with the outcomes and findings from these public engagement efforts; and
WHEREAS, on March 23, 2021, the City Council voted to hire OIR Group to make independent
recommendations about the best way to address community interest in a forum to provide more
formal engagement with the police department; and
WHEREAS, on June 7, 2022, the City Council received a report from OIR Group with
recommendations for establishing more formal community engagement with the Carlsbad Police
Department; and
WHEREAS, on June 7, 2022, the City Council voted to establish a five-member civilian
commission that would be known as the Community-Police Engagement Commission, would meet
quarterly, and would have as its primary duty community engagement, not police oversight; and
WHEREAS, the commission is to report directly to the City Council and present annual workplans
to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.050 is amended to read as
follows:
2.15.050 Appointments.
A.Appointments to the Planning Commission, Parks and Recreation Commission, Community
Police Engagement Commission, and Traffic and Mobility Commission, shall be made by the following
process:
1.The Mayor and each Council Member shall nominate one individual to serve on each of
the commissions for a term coinciding with the term of the Council Member making the
Exhibit 1
Dec. 6, 2022 Item #9 Page 6 of 17
appointment. The mayor shall nominate two additional individuals to serve on each of the
Planning Commission, Parks and Recreation Commission, and Traffic and Mobility
Commission. All nominations shall be subject to ratification by a majority vote of the City
Council. If a nominee is not approved by a majority vote of the City Council, the Council
Member making the nomination may nominate another individual at the same or a
subsequent meeting. In the event that a member of the City Council does not make any
nomination within 45 days of the date the Council Member is sworn into office or within 60
days of the occurrence of a vacancy, the appointment will be made by the Mayor with the
approval of the City Council.
2.Although each member of the City Council elected by a district shall use his or her best
efforts to appoint individuals residing in that district to these commissions, members of the
City Council may appoint individuals not residing in their districts in their discretion in order to
assure that the most interested and qualified individuals serve on the commissions.
B.Appointments to all other city boards and commissions shall be made by the Mayor with the
approval of the City Council.
3.Carlsbad Municipal Code, Title 2, is amended to add Chapter 2.30 to read as follows:
2.30.010
2.30.020
2.30.030
2.30.040
2.30.050
2.30.060
2.30.080
2.30.010
Created.
Purpose.
Chapter 2.30
COMMUNITY-POLICE ENGAGEMENT COMMISSION
Membership -Term -Qualification.
Trainings.
Meetings.
Duties.
Powers delegated to commission to be advisory.
Created.
A Community-Police Engagement Commission is created.
2.30.020 Purpose.
The purpose of the commission is to provide a cooperative and collaborative forum for the
community and police leadership to learn and discuss the challenges of modern-day policing and
provide a community perspective about public safety challenges. The commission will work
collaboratively with the Police Chief to provide advice, support, and recommendations relating to
current or newly considered policies and programs with an overarching goal of building trust and
fostering strong police-community relations.
The commission shall have no authority to direct the conduct of any department, including the police
department, to review or advise upon personnel matters related to individual peace officers or to
review confidential peace officer personnel files. It is not the purpose of this commission to review or
Dec. 6, 2022 Item #9 Page 7 of 17
comment upon items staff will present to City Council, unless the item is referred to the commission
by the City Council or City Manager.
2.30.030 Membership -Term -Qualification.
The Community-Police Relations Commission shall consist of five members to be appointed pursuant
to Section 2.15.050(A) with staggered terms as provided in Section 2.15.060.
In addition to those qualifications provided by Section 2.15.030, the city council may consider the
following additional criteria in appointing members to the commission:
1.A demonstrated ability to be open minded, impartial, objective, and unbiased.
2.An absence of any real or perceived bias, prejudice, or conflict of interest.
3.A record of community involvement.
4.An ability to build constructive working relationships and communicate effectively with
diverse groups.
5.A demonstrated commitment to the purpose of the commission with an eye toward
fostering positive police-community relationships.
6.Attendance at the Carlsbad Citizens Police Academy.
Persons with ongoing litigation against the city related to police matters shall be ineligible to serve on
the commission. In addition, current Carlsbad Police Department employees and their parents or
children are ineligible to serve on the commission.
2.30.040 Training.
Following appointment to the commission, members shall receive training on the following:
1.The authority and responsibilities associated with their role as a commission member;
2.City policies and legal requirements governing commission meetings; and
3.Carlsbad Police Department policies, procedures, and practices
In addition, as soon as reasonably practical, ideally within the first six months of their appointment,
commission members shall attend or observe the following:
1.Police officer use of force training, including defensive tactics and scenario-based training;
2.Police officer implicit bias training;
3.Police officer training related to interaction with people in mental health crisis;
4.At least two ride-a longs with the Carlsbad Police Department, one of which should be with the
homeless outreach team; and
5.A presentation from the city's homeless services coordinator
2.30.050 Meetings.
The Community-Police Engagement Commission shall establish a regular time and place of meetings
and shall hold not less than one meeting per quarter. The majority of the appointed members shall
constitute a quorum for the purpose of transacting the business of the commission.
Dec. 6, 2022 Item #9 Page 8 of 17
Each regular meeting agenda shall include an item allowing the Police Chief or designee to provide a
police department update, including a report on any notable past or upcoming events the police
department is planning for and relevant data, such as crime analysis and police response data.
2.30.060 Duties.
The commission's duties are to:
1.Promote productive communication and interaction between the City of Carlsbad Police
Department and community.
2.Provide a forum for police leadership to inform the commission and public of police initiatives,
challenges, and data relating to police activity.
3.Educate the community and receive community feedback regarding policing standards and
expectations.
4.Create additional community access to public safety information.
5.Recommend changes or improvements to Carlsbad Police Department policies, procedures or
training.
6.Review new or proposed Carlsbad Police Department programs to evaluate how those
programs might impact the Carlsbad community, including disenfranchised and marginalized
communities.
7.Provide a forum for presentations by police leadership on matters that receive high media
interest or come to the attention of the commission.
2.30.080 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City
Council, or as a delegation to the Community-Police Relations Commission of any of the authority or
discretionary powers vested and imposed by law in the City Council. The City Council declares that
the public interest, convenience and welfare require the appointment of a Community-Police
Relations Commission to act in a purely advisory capacity to the city council for the purposes
enumerated. Any power herein delegated to the commission to adopt rules and regulations shall not
be construed as a delegation of legislative authority but purely a delegation of administrative
authority.
Dec. 6, 2022 Item #9 Page 9 of 17
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 6th day
of December, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ � 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL}
Dec. 6, 2022 Item #9 Page 10 of 17
RESOLUTION NO. 2022-275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SETTING THE INITIAL TERMS OF THE MEMBERS OF THE
COMMUNITY-POLICE ENGAGEMENT COMMISSION
WHEREAS, the City Council of the City of Carlsbad, California has established a Community
Police Engagement Commission; and
WHEREAS, members of the Community-Police Engagement Commission will be appointed by
the Mayor and each of the City Council Member to serve four-year terms; and
WHEREAS, the City Council has determined that the terms of the commission members should
be staggered and that the term of the commission member should follow the term of the appointing
official; and
WHEREAS, in order to stagger the terms of the commission members, the length of some of the
initial terms will need to be adjusted; and
WHEREAS, as the term of each commission member expires, the most recently elected district
councilperson or mayor will nominate a new member; and
WHEREAS, the term of the newly nominated member will be set to begin in March and expire
at the time the nominating Mayor or City Council Member's term expires; and
WHEREAS, each subsequent term for the commission member will be set to coincide with the
nominating Mayor or City Council Member's term.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the initial term of the commission member appointed by the Mayor will be for a
term beginning in March 2023 and ending December 2026. The commission member
appointed by the Mayor will be eligible for one additional four-year term.
3.That the initial term of the commission member appointed by the City Council Member
for District 1 will be for a term beginning in March 2023 and ending December 2026. The
commission member appointed by the Council Member for District 1 will be eligible for
one additional four-year term.
4.That the initial term of the commission member appointed by the City Council Member
for District 3 will be for a term beginning in March 2023 and ending December 2026. The
Dec. 6, 2022 Item #9 Page 11 of 17
Exhibit 2
commission member appointed by the Council Member for District 3 will be eligible for
one additional four-year term.
5.That the initial term of the commission member appointed by the City Council Member
for District 2 will be for a term beginning in March 2023 and ending in December 2024.
The commission member appointed by the Council Member for District 2 will be eligible
for two additional four-year terms.
6.That the initial term of the commission member appointed by the City Council Member
for District 4 will be for a term beginning in March 2023 and ending in December 2024.
The commission member appointed by the Council Member for District 4 will be eligible
for two additional four-year terms.
7.If there is a vacancy in a City Council district seat at the time of the Commission's initial
formation and appointment, the Mayor will make the appointment.
8.That the City Clerk Services Manager will add the vacancies for the Community-Police
Commission to the local appointment list prior to December 31, 2022.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 6th day of December, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
None.
Hall.
for
MA
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Dec. 6, 2022 Item #9 Page 12 of 17
HALL, Mayor
ORDINANCE NO. CS-442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTIONS 2.15.030 AND 2.15.070 OF THE
CARLSBAD MUNICIPAL CODE
WHEREAS, Chapter 2.15 of the Carlsbad Municipal Code applies to all boards and commissions,
except as otherwise specifically provided; and
WHEREAS, amendments to Carlsbad Municipal Code Section 2.15.030 -Board and commission
membership -Qualifications and Section 2.15.070 -Vacancies, removal and attendance are necessary
to clarify the qualifications for serving on a board or commission and that the seat is forfeited if the
member no longer meets those qualifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.030 is amended to read as
follows:
2.15.030 Board and commission membership-Qualifications.
A.In addition to any qualifications or limitations imposed by law or contained in the authorizing
ordinance or resolution for any specific board or commission, members of the boards and
commission must meet the following minimum qualifications:
1.Resident of the City of Carlsbad and a registered voter.
2.Not currently an officer of or employed by the City of Carlsbad.
3.Not currently a sole proprietor under contract with the city, or a consultant or employee
of an entity under contract with the city, performing work that relates to the powers or duties
of the board or commission.
4.Not currently an officer, director, owner or principal of an entity under contract with the
City of Carlsbad to perform work that relates to the powers or duties of the board or
commission.
5.Appointment would not violate any term limits applicable to the position sought.
B.The city council may consider, in its discretion, the following additional criteria in appointing
members to the boards and commission:
1.Prior participation in the Citizen's Academy.
2.Recent experience and/or understanding of municipal government.
3.Knowledge of subject matter governed by the board or commission.
Dec. 6, 2022 Item #9 Page 13 of 17
Exhibit 3
4.Ability to fairly and impartially represent community interests.
5.Experience on other boards, commissions or committees.
6.Geographical diversity of the membership of the board or commission.
3. Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.070 is amended to read as
follows:
2.15.070 Vacancies, removal and attendance.
A.Members of the city's boards, commissions and committees shall serve until reappointed or until
the member's successor has been appointed, qualified and seated. If a vacancy occurs other than by
the expiration of a term, the vacancy shall be filled in the same manner as the original appointment.
B.Appointees to all of the city's boards and commissions shall serve at the pleasure of the City
Council. Any member of a city board or commission may be removed at any time, with or without
cause, by the affirmative vote of three members of the City Council.
C.Any member of a city board or commission will forfeit their seat on the board or commission if the
member no longer meets the qualifications specified in Section 2.15.030{A)(l) -(4).
D.To assure participation of board and commission members, attendance by the members of the
boards and commissions at all regularly scheduled and special meetings of the boards and commissions
shall be recorded, and such record shall be provided annually to the city council for review. A board or
commission member may be removed by the affirmative vote of three members of the City Council
due to the member's absence from three consecutive regular meetings or from 25% of the duly
scheduled meetings of the board or commission within any fiscal year, except in the case of absences
due to illness or by permission of the board or commission as documented by the board or commission
liaison.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
Dec. 6, 2022 Item #9 Page 14 of 17
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 6th day
of December, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ � 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Dec. 6, 2022 Item #9 Page 15 of 17
Exhibit 4
Carlsbad Municipal Code Sections 2.15.030, 2.15.050 and 2.15.070 with Changes Highlighted
2.15.030 Board and commission membership—Qualifications.
A. In addition to any qualifications or limitations imposed by law or contained in the authorizing ordinance
or resolution for any specific board or commission, members of the boards and commission must
meet the following minimum qualifications:
1. Resident of the City of Carlsbad and a registered voter.
2. Not currently an officer of or employed by the City of Carlsbad or under contract with the City of
Carlsbad.
3.Not currently a sole proprietor under contract with the city, or a consultant or employee of an
entity under contract with the city, performing work that relates to the powers or duties of the
board or commission.
4. Not currently an officer, director, owner or principal of an entity under contract with the City of
Carlsbad to perform work that relates to the powers or duties of the board or commission.
5.Appointment would not violate any term limits applicable to the position sought.
B. The city council may consider, in its discretion, the following additional criteria in appointing members
to the boards and commission:
1.Prior participation in the Citizen’s Academy.
2. Recent experience and/or understanding of municipal government.
3. Knowledge of subject matter governed by the board or commission.
4. Ability to fairly and impartially represent community interests.
5. Experience on other boards, commissions or committees.
6. Geographical diversity of the membership of the board or commission.
2.15.050 Appointments.
A. Appointments to the planning commission, parks and recreation commission, community-police
engagement commission, and traffic and mobility commission, shall be made by the following process:
1. The mayor and each councilmember shall nominate one individual to serve on each of the
commissions for a term coinciding with the term of the councilmember making the appointment.
The mayor shall nominate two additional individuals to serve on each of the
commissionsplanning commission, parks and recreation commission, and traffic and mobility
commission. All nominations shall be subject to ratification by a majority vote of the city council.
If a nominee is not approved by a majority vote of the city council, the councilmember making
the nomination may nominate another individual at the same or a subsequent meeting. In the
event that a member of the city council does not make any nomination within 45 days of the date
the councilmember is sworn into office or within 60 days of the occurrence of a vacancy, the
appointment will be made by the mayor with the approval of the city council.
2. Although each member of the city council elected by a district shall use his or her best efforts to
appoint individuals residing in that district to these commissions, members of the city council
may appoint individuals not residing in their districts in their discretion in order to assure that the
most interested and qualified individuals serve on the commissions.
B. Appointments to all other city boards and commissions shall be made by the mayor with the approval
of the city council.
Dec. 6, 2022 Item #9 Page 16 of 17
2.15.070 Vacancies, removal and attendance.
A. Members of the city’s boards, commissions and committees shall serve until reappointed or until the
member’s successor has been appointed, qualified and seated. If a vacancy occurs other than by the
expiration of a term, the vacancy shall be filled in the same manner as the original appointment.
B. Appointees to all of the city’s boards and commissions shall serve at the pleasure of the city council.
Any member of a city board or commission may be removed at any time, with or without cause, by
the affirmative vote of three members of the city council.
C. Any member of a city board or commission will forfeit their seat on the board or commission if the
member no longer meets the qualifications specified in Section 2.15.030(A)(1) - (4).
D. To assure participation of board and commission members, attendance by the members of the boards
and commissions at all regularly scheduled and special meetings of the boards and commissions shall
be recorded, and such record shall be provided annually to the city council for review. A board or
commission member may be removed by the affirmative vote of three members of the city council due
to the member’s absence from three consecutive regular meetings or from 25% of the duly scheduled
meetings of the board or commission within any fiscal year, except in the case of absences due to
illness or by permission of the board or commission as documented by the board or commission
liaison.
Dec. 6, 2022 Item #9 Page 17 of 17
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Beverly Laning <bev.laning@gmail.com>
Sunday, December 4, 2022 1 :28 PM
City Clerk
All Receive -Agenda Item # Cf'
For the Information of the:
CITY COUNCIL
Date ~CA ✓ cc V
CM c &cM ,,,--pcM 13} .,
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
I am a Carlsbad resident. I would Wee to give my support on Item 9 for Carlsbad creating a Community Police Engagement
Commission. I believe it is extremely important every police department, including ours, has accountability and a relationship
with the community they serve. For this reason I ask the city council to vote~ on establishing the commission.
Beverly Laning
bev.laning@gmail.com
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear City Comuil:
Debbie Mendles <d.mendels.elliott@gmail.com>
Sunday, December 4, 2022 6:09 PM
City Clerk
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
I am a member of the Carlsbad Equality Coalition and a Carlsbad resident. I would lil{e to give my support on Item 9 for
Carlsbad creating a Community Police Engagement Commission. I believe it is extremely important eve17 police department,
including ours, has accountability and a relationship with the community they serve. For this reason I ask the city council to
vote ~on establishing the commission
Thank you,
Debra Mendels
Sent from my iPhone
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1
Tammy Cloud-McM inn
From:
Sent:
To:
Subject:
Meg Beauchamp <megbowen1@mac.com>
Monday, December 5, 2022 5:20 AM
City Clerk; Council Internet Email
Item 9 for Carlsbad
I would like the council to vote yes concerning the community police engagement commission. A community and a
police force, engaged with one another and aligned with similar shared values, fosters success. Yes on Item 9.
Meg Beauchamp
Carlsbad 92008
Sent from my iPhone
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Diana A <dra805@gmail.com>
Monday, December 5, 2022 8:30 AM
City Clerk
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
Dear City Council Members,
I am a resident of Carlsbad and participated in many of the community discussions
centered around establishing the police engagement commission for our city.
First, thanks to Dr. Bhat-Patel for her strong support in receiving community input and
her support for a community police engagement commission.
Our c;:ity has a wonderful police organization that is engaged in our community. This
commission is a move in the right direction & is a natural fit between our community &
the police organization. This would provide accountability and further strengthen the
relationship between our community and the police organization.
I ask the City Council to vote yes on establishing the commission.
Thank you,
Diana Aguirre
Carlsbad D3 Resident
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Melissa Sterrett Baron <melissa_sterrett@hotmail.com>
Monday, December 5, 2022 9:09 AM
City Clerk
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
To the City Clerk/City Council Members:
I am a resident of South Carlsbad and I would like to give my support on Item 9 for Carlsbad creating a Community Police
Engagement Commission. I attended the original focus group on establishing a police oversight committee and I believe this
remains a critical priority for Carlsbad to continue to improve the relationship between our citizens and the police
department. For this reason I ask all members of the city council to vote~ on establishing the commission. I also appreciate
all the support from our Councilmember Dr. Bhat-Patel on the community police engagement commission.
Thank you,
Melissa Sterrett Baron
7617 Aldea Place
Carlsbad CA 92009
8589350945
Sent from Mail for Windows
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
City Council Members,
Stephanie Wells <ms.sicily@gmail.com>
Monday, December 5, 2022 2:02 PM
City Clerk
All Receive -Agenda Item # q·
For the Information of the:
,.~,l~OUNCIL Dat~CA ~cc ✓
cno OGDO < DCM '3) ,{
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
I am a resident of Carlsbad and participated in the 2020-2021 community discussion regarding establishing a police
engagement commission. Forming this commission will not only increase engagement but garner trust and
accountability within the community. This commission can also help increase the public's understanding of law
enforcement policies and procedures.
I ask the City Council to vote yes on establishing the commission.
Thank you,
Stephanie Wells
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Vanessa Forsythe <vforsythe13@gmail.com>
Tuesday, December 6, 2022 10:45 AM
City Clerk
All Receive v Agenda Item# q
For the Information of the:
CITY COUNCIL
DaterJlirf;t:;CA ✓ cc V
CD4 ....---0GD4 --ocM (a) ✓
Subject: Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
As a resident of Carlsbad concerned about justice for all and transparency I request support of Item 9 for Carlsbad
creating a Community Police Engagement Commission. I believe it is important every police department, including
Carlsbad, has accountability and a relationship with the community they serve. For this reason I ask the city council to
vote yes on establishing the commission. I also appreciate all the support from our Councilmember Dr. Bhat-Patel on the
community police engagement commission. Establishing the Community Police Engagement Commission will serve our
community better and set an example for other communities.
Thank you
Vanessa Forsythe
2177 Vista La Nisa, Carlsbad, CA 92009
Vanessa Forsythe RN MSN
http://www.climatehealthnow.org/
Trusted Health Care Providers for Climate Justice
Vot-ER integrates voter registration into the health care delivery system
CA Nurses for Environmental Health and Justice
https://www.calnursesforehj.org/
"Is there no virtue among us? If there be not, we are in wretched situation. No theoretical checks -no form of
government can render us secure." James Madison
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Cc:
Subject:
Dear Council and Mayor:
Nikki Faddick <nfaddick@gmail.com>
Tuesday, December 6, 2022 11 :45 AM
City Clerk
council@carlsbad.ca.gov
Comment on Agenda Item 9, 12/6 Meeting
As a Carlsbad resident and a member of both Moms Demand Action for Gun Sense in America and the Carlsbad Equality
Coalition, I have been invested in helping the city establish an effective community police engagement commission. The
trust and transparency that our community has and sees into our police department is pivotal to its continued success in
our community. Our council voted to create this engagement commission, and I ask you to take this step to ensure that
creation.
Everyone in our city will benefit by improved communication and collaboration between our police and our residents;
most especially those living and working in our city who belong to groups that have historically experienced negative
interactions with police generally. Thank you all so much for your work to get to this point and for your continued
support of this endeavor.
Sincerely,
Nikki Faddick
Carlsbad resident
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Hello City Clerk,
Hannah Summerhill <hannahpechter@gmail.com>
Tuesday, December 6, 2022 2:52 PM
City Clerk
All Receive -Agenda Item# 9
For the Information of the:
CITY COUNCIL
DateJ2/7/;;2CA _cc_
Clvi_ALIOI_DCIOI IS,_
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
I'm a member of the Carlsbad Equality Coalition and a Carlsbad resident. I would like to give my support on
Item 9 for Carlsbad creating a Community Police Engagement Commission.
I believe it is extremely important every police department, including ours, has accountability and a relationship
with the community they serve. For this reason I ask the city council to vote yes on establishing the
commission.
Thank you very much,
Hannah
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1
Tammy Cloud -McMinn
From:
Sent:
To:
Subject:
David Summerhill <dasummerhill@gmail.com>
Tuesday, December 6, 2022 3:22 PM
City Clerk
Item 9: ESTABLISHMENT OF A COMMUNITY-POLICE ENGAGEMENT COMMISSION
Hello City Council Members, City Clerk and Carlsbad Community,
My name is Dave and I am a relatively new citizen of Carlsbad as I moved here in 2020 with my wife from New York
City. Unfortunately, I am unable to attend tonight's vote so I'm sending this message in my absence.
As a person of color, I was heartened to learn that Carlsbad is considering a community-police engagement
commission . I've always been a proponent of the community and the police working together in the spirit of
collaboration and trust. I believe that the establishment of such a commission is a smart way to foster this spirit while
also being proactive rather than reactive when problems arise. I stand in support of the City Manager's
recommendat.ion to introduce the ordinances and adopt the resolution tonight.
Thank you and take care,
David Summerhill
Carlsbad Resident
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1
Mickey Williams, Police Chief
Allegra Frost, Assistant City Attorney
Dec. 6, 2022
Establishment of a Community-
Police Engagement Commission
{ City of
Carlsbad
BACKGROUND
•Aug. 18, 2020 –Directed staff to prepare report providing
detail on models of civilian oversight of police departments
•Oct. 20, 2020 –Directed staff to conduct public meetings in
each district to gather input on the possible formation of a
civilian oversight committee
•March 23, 2021 –Staff presented report of public input
gathered at community meetings and was then directed to
work with a consultant to develop a plan for the formation
of a commission
•June 7, 2022 –Directed staff to develop an ordinance to
establish a Community-Police Engagement Commission
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
ORDINANCE CHARACTERISTICS
•Five-member commission with no special interests
•Primary duty of community engagement, not police
oversight
•Quarterly meetings
•Annual workplans presented to the City Council
•Named the Carlsbad Community-Police Engagement
Commission
•Reports directly to the City Council
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
QUALIFICATIONS AND MEMBERSHIP
•Mayor & City Council Member to appoint one member
•Must be residents of the City & registered voters
•Not currently officers or employees of the City
•Not a sole proprietor under contract with the city, or a
consultant or employee of an entity under contract with the
city, performing work that relates to the powers or duties of
the commission
•Not an officer, director, owner or principal of an entity
under contract with the City of Carlsbad to perform work
that relates to the powers or duties of the commission
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
CONSIDERATIONS FOR SELECTION
•Demonstrated ability to be open minded, impartial,
objective and unbiased
•Absence of any real or perceived bias, prejudice or conflict
of interest
•Record of community involvement
•Ability to build constructive working relationships
•Commitment to purpose of the Commission with an eye
toward fostering positive police-community relationships
•Attendance at the Carlsbad Citizens Police Academy
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
TRAINING
Following appointment, Commissioners will receive training
on:
•Authority & responsibilities associated with their role as a
Commissioner
•City policies & legal requirements governing Commission
meetings
•Carlsbad Police Department policies, procedures and
practices
•Police officer use of force, defensive tactics and scenario-
based training
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
TRAINING (CONTINUED)
•Police Officer implicit bias training
•Police Officer training related to interaction with people in
mental health crisis
•At least two ride-alongs with the Police Department (one
with the Homeless Outreach Team)
•A presentation from the City’s Homeless Services
Coordinator
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
DUTIES
•Promote productive communication & interaction between
the Police Department and community
•Provide a forum for police leadership to inform the
Commission of police initiatives, challenges, and data
relating to police activity
•Educate & receive feedback regarding policing standards
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
DUTIES (CONTINUED)
•Create additional access to public safety information
•Recommend changes or improvement to policies,
procedures or training
•Review new or proposed programs
•Provide a forum for presentations by police leadership on
matters that receive high media interest or come to the
attention of the Commission
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
APPOINTMENTS
•Mayor and Council Members from District 1 and District 3 will
each appoint a Commissioner for a term of March 2023 –
December 2026
•Council Members from District 2 and District 4 will each
appoint a Commissioner for a term of March 2023 –Dec. 2024
Item 9: Establishment of a Community-Police Engagement Commission
{city of
Carlsbad
RECOMMENDED ACTION
1.Introduce an ordinance establishing the Community-Police
Engagement Commission.
2.Adopt a resolution setting the initial terms of the members
of the Carlsbad Community-Police Engagement
Commission.
3.Introduce an ordinance making clarifying amendments to
Carlsbad Municipal Code Chapter 2.15 –Boards and
Commissions.
Item 9: Establishment of a Community-Police Engagement Commission
{ City of
Carlsbad