ARTICLE XIA. CITIZEN POLICE COMPLAINT COMMISSION
Section 1150. CREATION OF CITIZEN POLICE COMPLAINT COMMISSION.
There is hereby created a Citizen Police Complaint Commission.
Section 1151. MEMBERSHIP AND TERMS OF CITIZEN POLICE COMPLAINT COMMISSION.
The Citizen Police Complaint Commission shall be composed of eleven (11) members who are broadly representative of the racial, ethnic, religious, labor, business, age, gender, sexual orientation, and disabled members of the general public, and who reside in the City of Long Beach. Each member shall be appointed by the Mayor, subject to confirmation by the City Council. There shall be one Commission member appointed to represent each of the nine City Council districts, and two members appointed at large. Each member of the City Council shall nominate an individual to the Mayor to represent each respective Council district.
The term of each member of the Commission shall be for two years; provided, however, that of the eleven members first appointed after the effective date of the Article, a drawing will be held at the first meeting to determine who serves for two years and three years; six shall serve for three years, and five shall serve for two years. No person shall serve more than two full terms. Serving any portion of an unexpired term shall not be counted as service of one term.
Section 1152. INDEPENDENT INVESTIGATOR.
The City Manager shall appoint an Independent Investigator, as needed, who shall serve at the pleasure of the City Manager. The investigator shall have the authority to receive, administer and investigate, at the direction of the Commission, allegations of police misconduct, with emphasis on excessive force, false arrest and complaints with racial or sexual overtones. The investigator shall thereafter report the results of said investigations to the Commission.
The office of the investigator shall be located outside of the Public Safety Building.
Section 1153. POWERS AND DUTIES OF THE COMMISSION.
The Commission shall have the following powers and duties:
- To receive, and in its discretion to administer and investigate, through the Independent Investigator, allegations of police misconduct, with emphasis on excessive force, false arrest, and complaints with racial or sexual overtones.
- To conduct a hearing into allegations of police misconduct, when such hearing, in the discretion of the Commission, will facilitate the fact-finding process
- To subpoena and require the attendance of witnesses, and the production of books and papers pertinent to the investigation and to administer oaths to such witnesses to the extent permissible by law.
- To thereafter make recommendations concerning allegations of misconduct to the City Manager, who shall have final disciplinary authority.
- To recommend to the City Council the provision of such staff as is necessary to carry out its powers and duties under this Article. Upon authorization by the City Council the City Manager shall select staff members, who shall serve at the pleasure of the City Manager. The Commission shall advise the City Manager of the performance of said staff, and the City Manager shall thereafter take such steps as he deems necessary to assure their satisfactory performance.
Section 1154. CONFIDENTIALITY.
The hearing process shall be open to the public to the extent legally possible and insofar as it does not conflict with state or federal law.
Section 1155. REVIEW AND EVALUATION.
On or before July 1, 1992, the Charter Amendment Committee of the City Council shall meet and evaluate the operation of the amendments to the Charter adopted by this Proposition on the April 1990 ballot. On or before January 1, 1993, the Charter Amendment Committee shall report its findings, in writing, together with any recommendations it wishes to make to the City Council. Thereafter, the City Council shall receive said report, findings and recommendations and take such implementing action as it deems appropriate and necessary.
Amendments to the Bylaws
Adopted February 11, 2016
|Section 1.||As used in these by-laws, unless a different meaning clearly appears from the context:
|Section 1.||The Commission shall have all of the authority, powers, and duties conveyed by Section 1153 of the City Charter.|
|Section 2.||These by-laws do not, and are not intended, to exceed the powers given to the Commission by the City Charter and/or ordinances.|
|Section 1.||Eleven (11) Commissioners shall be selected as follows:
|Section 2.||Commission vacancies shall be filled in the same manner as original appointments, to fill unexpired terms.|
|Section 3.||Each Commissioner must reside in the City at the time of nomination and throughout his/her service on the Commission. Each member (other than at-large members) must maintain residence within the council district from which he/she was appointed during his/her service on the Commission.|
|Section 4.||Commissioners who fail to maintain the residence requirements must resign from the Commission or be removed in accordance with Municipal Code 2.18.050.|
|Section 1.||The term of office shall be two (2) years.|
|Section 2.||No Commissioner shall serve more than two (2) full terms.|
|Section 3.||Serving a portion of an unexpired term shall not be counted as service of one term.|
|Section 4.||Terms of office shall terminate on the second Thursday of July. Terms of office for Commissioners representing Council Districts #1, #2, #6 and #9, and one at-large Commissioner, shall be commence in even-numbered years. Terms of officer for Commissioners representing Council Districts #3, #4, #5, #7 and #8, and one at-large member, shall be commence in odd-numbered years. A replacement schedule shall be maintained by the City Clerk and the Executive Director to show when each Commissioner's term expires.|
|Section 1.||Pursuant to City Charter Article V, Section 540, "[t]he Mayor may remove any member of a Charter-mandated commission at any time, with the concurrence of two-thirds (2/3) of the members of the City Council."|
|Section 2.||Commissioners may be removed from the Commission by a majority vote of the City Council for the following causes:
|Section 3.||Commissioners may be declared malfeasant and recommended for dismissal by a majority vote of the Commission for the following reasons:
|Section 1.||Commissioners shall receive no compensation for the performance of their official duties on the Commission, unless compensation is expressly provided by the City Council.|
|Section 1.||The Commission shall have at least two officers, Chair and Vice Chair, and such other officers it deems necessary.|
|Section 2.||The Chair shall preside over all meetings of the Commission and shall have the same rights as other commissioners, including the right to vote on all matters. The Chair shall sign all documents on behalf of the Commission after such documents have been approved by the Commission and shall perform such other duties and delegated responsibilities as may be imposed upon the Chair by the Commission.|
|Section 3.||In the absence of the Chair, the Vice Chair shall assume all the duties and power of the Chair. In the absence of the Chair, all actions taken by the Vice Chair shall have the same force and effect as if taken by the Chair.|
|Section 4.||The election of officers shall be conducted annually at the first meeting in July in accordance with the most recent edition of Roberts Rules of Order.|
|Section 5.||All officers shall be elected by the Commission for a term of one year. No Commissioner may serve two successive years in the same office.|
|Section 6.||In the event of the resignation or removal of the Chair during the year, the Vice Chair shall become the Chair and a new election shall be held for Vice Chair. In the event of the resignation or removal of any other officer, a new election shall be held to fill the vacant office.|
|Section 7.||If the Chair and Vice Chair are both absent at any meeting of the Commission, the Commission shall elect a Chair Pro Tem who shall perform all duties of the Chair. All actions taken by the Chair Pro Tem shall have the same force and effect as if taken by the Chair.|
|Section 1.||The most recent edition of the Roberts Rules of Order shall apply to the conduct of the Commission's meetings to the extent that they do not conflict with the Commission's by-laws, in which case the by-laws shall apply.|
|Section 2.||Regular meetings of the Commission shall be held on the second Thursday of each month at 5:30 p.m. in the City Council Chamber, 333 West Ocean Boulevard, unless otherwise agreed upon in advance by the Commission.|
|Section 3.||Special meetings of the Commission may be convened at the call of the Chair, or of the Vice Chair in the absence of the Chair. Upon petition of six Commissioners, the Chair shall be required to call a meeting of the Commission within one week. Commissioners will be given at least 24 hours noticing before any special meeting. The notice and agenda for any special meeting will be distributed in accordance with Section 54956 of the California Government Code.|
|Section 4.||All meetings of the Commission shall be open to the public and, whenever possible, shall be held in a City-owned facility. Notice shall be given to the public prior to convening of any meeting, in accordance with the Brown Act, Section 54950 et seq. of the California Government Code.|
|Section 5.||A majority of all Commissioners shall constitute a quorum for the transaction of business. A motion shall carry upon the affirmative vote of the majority of the members present at any meeting.|
|Section 6.||A quorum being present, the order of business at the meetings of the Commission may include the following:
|Section 7.||A Commission meeting may be cancelled by the Chair due to a lack of a quorum, lack of sufficient agenda voting items, or for any reasonable cause as determined by the Chair.|
|Section 8.||Minutes of each Commission meeting shall be kept and filed with the City Clerk, and copies shall be sent to the Mayor and City Manager.|
|Section 9.||The Commission may promulgate such rules, regulations, policies and procedures for its conduct, as it deems necessary.|
|Section 10.||All adopted rules, regulations, policies, and procedures shall be filed within five (5) business days with the City Clerk and shall bear the signature of the Chair and the date they were adopted.|
|Section 11.||The annual meeting shall be the July meeting.|
|Section 12.||Special Commissioner training meetings shall be conducted at sites to be determined. No business other than training shall be conducted at such meetings. Appropriate notices shall be posted in accordance with the Brown Act.|
|Section 13.||Commissioners shall attend at least one training day every year and one Long Beach Police Department ride-along in their first 60 days of City Council approval as a Commissioner.|
|Section 14.||New Commissioners shall attend an orientation meeting prior to their participation in their first Commission meeting.|
|Section 1.||Investigations and hearings shall be conducted in accordance with the Policies and Procedures for processing complaints against police officers adopted by the Commission.|
|Section 2.||The hearing process shall be open to the public to the extent legally possible and insofar as it does not conflict with state or federal law, as required by Section 1153 of the City Charter.|
|Section 3.||Investigations and hearings shall be conducted solely to determine facts and to make recommendations to the City Manager.|
|Section 4.||Hearings shall be scheduled as needed.|
|Section 1.||All personnel records, investigative reports, documents generated within the Long Beach Police Department, information relating to deliberations of the Commission, and other matters, shall be kept confidential to the extent required by law.|
|Section 1.||The Chair may appoint special committees as needed. Each shall consist of an appointed Chairperson and at least two other Commissioners.|
|Section 2.||Committee appointments should be made to ensure a diversity of viewpoints to the greatest extent possible, in accordance with Section 1151 of the City Charter.|
|Section 3.||The Commission Chair shall be an ex-officio member of all committees.|
|Section 1.||The Commission shall present an annual written report of its activities for the period of the previous July through June to the Mayor and City Council. The Commission may also make appropriate recommendations. The report shall include, but is not limited to, the following:
|Section 2.||The report should be submitted by December 31 of each year.|
|Section 1.||These By-Laws may be amended at any regular meeting of the Commission by majority vote of the commissioners present, provided that notice of such amendment shall have been given at the previous regular meeting and in accordance with any and all applicable laws.|
CHRONOLOGY OF AMENDMENTS AND ADOPTIONS:November 7, 1990 Original Adoption
November 11, 1993 Adoption Amended
June 10, 1999 Adoption Amended
December 14, 2000 Amendment Adopted
February 11, 2016 Amendment Adopted
Jeffrey Price, Chair
Citizen Police Complaint Commission
City of Long Beach
Citizen Police Complaint Commission
Policies and Procedures
AUTHORITY: Article VII §§ 8 and 9; City of Long Beach Citizen Police Complaint Commission By-Laws.
To establish guidelines for the receipt and processing of allegations of police employee misconduct as set forth in Sections 1150 and 1155 of the Long Beach City Charter.
These guidelines are applicable in addressing allegations of misconduct by employees of the Long Beach Police Department filed on or after April 11, 1990.
These Policies and Procedures may be amended at any regular meeting of the Commission by a majority vote of the Commissioners present, provided that notice of such amendment shall have been given at the previous regular meeting and complies with any and all applicable laws.
In addition to the terms already defined in the Commission's By-Laws, the following terms shall have the stated meaning:
- Complaint: Allegation(s) of misconduct against an employee(s) of the Long Beach Police Department.
- Complainant: The person filing the complaint.
- Complaints with Racial Overtones: Any allegation that is based upon a real or perceived adverse action(s) taken against a person(s) based on his or her race, ethnic background or minority group.
- Complaints with Sexual Overtones: Any allegation that is based upon a real or perceived adverse action(s) taken against a person(s) based upon his or her sex, gender, gender identity or sexual orientation.
- Employee of the Long Beach Police Department: Any employee in the Long Beach Police Department who is a sworn peace officer or an employee who provides customer service, including the arrest, detention, search, transportation, or incarceration of any person.
- Executive Force: Unreasonable or unnecessary force used by an employee of the Long Beach Police Department against a person(s) without legal or moral justification.
- False Arrest: An arrest that is not made in compliance with California Penal Code § 836.
- Force: Any action to control a person or to overcome resistance through the use of physical strength, weaponless defense techniques, pain compliance techniques, defensive weapons, or a combination thereof.
- Misconduct: An allegation against an employee of the Long Beach Police Department, which, if true, may constitute a violation of a law, rule, regulation, or policy.
- Probable Cause: A condition where facts and circumstances known to the officer warrant a reasonable person to believe that a particular person has committed a crime.
- Respondent: An employee of the Long Beach Police Department against whom a complaint is filed.
- Witness: Any person who has information relevant to the complaint.
VI. Receiving and Processing Complaints:
- Where to File: Allegations of police employee misconduct may be filed with the CPCC Office, or with any appropriate agency.
- How to File: All allegations of police employee misconduct may be made telephonically, in writing, or in person. Complaints may be made anonymously or by a person not directly involved in the incident.
- Time Element: Complaints filed directly with the CPCC must be filed within one year of the date of the alleged police employee misconduct.
- Complaint Investigation: All complaints shall be conducted in a fair, ethical, and objective manner. The investigator is a finder of fact. Personal opinion shall not be contained in the investigator's report.
- The Independent Investigator should strive to complete any investigation within 90 days of assignment.
- The Independent Investigator may interview any person the investigator determines may have information related to the allegation(s) of misconduct, including but not limited to Complainant, Respondent(s), and Witness(es).
- Any statements obtained by the investigator should be summarized by the investigator, and whenever possible, agreed to by the person being interviewed.
- The investigator shall collect all relevant information including all documentation available relative to the allegation(s).
- The investigator shall compile all information and evidence into a written report.
- Commission Review, Findings and Recommendations:
- The CPCC shall review the complaint with the stated allegations of misconduct and the investigative data.
- The CPCC shall conduct its review in closed session in accordance with applicable laws and regulations.
- For each allegation of misconduct, the CPCC shall render one of the following findings by majority vote:
- Receive & File
- Not Sustained
- No Further Action: The CPCC Executive Director can close causes as "No Further Action" due to lack of witness cooperation or insufficient information. These cases shall appear on the meeting agenda's consent calendar.
- Post-Commission Process:
- The Commission, by majority vote of those present, may hold a public hearing on any matter within its jurisdiction.
- Hearings will be conducted by the Commission.
- The Commission may request or subpoena the complaining parties, witnesses, and involved Police Department employees to appear before it to answer questions or provide information.
- Hearings shall be open to the extent permissible by law.
- The Commission shall follow an informal hearing procedure in conducting its investigation of individual complaints.
- Citizen or Police Department employee witnesses shall be questioned by the Commission or staff only.
- There shall be no cross-examination by Police Department employees, citizen witnesses, the Complainant, or their respective counsel.
- All records relating to the investigation pertinent to the complaint shall be made available to the Commission to the extent permissible by applicable federal, state, and local law, and applicable contractual agreements.
- Subpoenas shall be authorized by a majority vote of the full Commission present and shall be issued by the Executive Director and served by the Independent Investigator of their designee.
- The CPCC shall make no findings during the hearing. At the conclusion of the hearing, the Clerk shall make a record available to the CPCC for consideration in closed session.
VI. Complaint File
The Commission shall maintain a confidential central register of all complaints filed with the CPCC. All files, documents, and related materials shall be kept and preserved for five years after the completion of the case by the CPCC, and after the recommendation has been reviewed by the City Manager. In the event the investigation is suspended, all evidence relevant to the complaint shall be preserved and maintained while such investigation is suspended.
- The Executive Director, Independent Investigator, and Commissioners shall keep confidential all information received in the process of receiving, investigating, and reviewing a complaint to the extent required by law.
- Failure to comply with this policy shall be grounds for removing a Commissioner from the Commission.
- Only the City Manager can make public the disposition of a complaint investigated by the CPCC.
VIII. Ancillary Matter: If in the course of Commission deliberations, the Commission finds that consideration should be addressed to policy, training, supervision, or other issues, the Commission may refer such suggestions to the City Manager.
Chronology of Amendments and Adoptions:
|January 2, 1991||Original Adoption|
|July 3, 1991||Adoption Amended|
|March 4, 1992||Adoption Amended|
|June 10, 1999||Amendment Adopted|
|December 14, 2000||Amendment Adopted|
|August 9, 2001||Amendment Adopted|
|March 10, 2016||Amendment Adopted|
David Clement, Chair
Citizen Police Complaint Commission
Citizen Police Complaint Commission (CPCC)
Definition of Findings and Order of Dispositions
Misconduct – an act or omission that, if true, violates Long Beach Police Department policy or training.
Standard of Consideration/Proof – preponderance of evidence, meaning the act more likely than not occurred (50% plus a feather).
The investigation indicates the alleged act more likely than not occurred and constitutes misconduct
- This finding recommends discipline for the accused
- Discipline can be a letter of reprimand, suspension, demotion or termination
The alleged act, although more likely than not occurred, was not misconduct and could be most appropriately handled by training or other means.
The investigation indicates the alleged act did occur, but the action(s) taken were lawful, proper and justified.
The investigation indicates the alleged act did not occur. Examples: There is no information or evidence that supports the allegation; there is evidence that the alleged act did not occur; or, the individual named in the complaint was not involved.
RECEIVE & FILE
The information received is submitted past the statute of limitations for disciplinary actions; or, the information received does not, on its face, establish misconduct. A case may be reopened if further information or evidence is submitted within the statute of limitations period.
The investigation fails to disclose sufficient evidence to prove the alleged act.
Commissioners must make an bjective, systematic, good-faith determination of credibility based on a reasonably thorough investigation and the information available at the time.
Opportunity and capacity to observe
Contradictory or inconsistent statements
Motive to be dishonest
Reputation for veracity or deceit
Manner of responding to questions
Complainant-Effects on Credibility
Accused-Effects on Credibility
Fairness of Findings
- Were they consistent with the information gathered?
- Did the credibility determinations make sense?
- Was the correct standard used (preponderance of evidence)?
Revised March, 2018