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HomeMy WebLinkAbout2022-12-13; City Council; 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 T...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 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 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. 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. 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 13th day of December, 2022, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta. Burkholder. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: �I( Ht/v� CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor JdlvL, fvsHERRY FREISINGER, City Clerk (SEAL)