Loading...
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 CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 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 CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 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 CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 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 CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 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