City Manager

                     Charter

Charter Amendment

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:

1. 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.
2. To conduct a hearing into allegations of police misconduct, when such hearing, in the discretion of the Commission, will facilitate the fact-finding process
3. 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.
4. To thereafter make recommendations concerning allegations of misconduct to the City Manager, who shall have final disciplinary authority.
5. 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.

                        By-Laws

Amendments to the Bylaws
Adopted February 11, 2016

                        Policies

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.

I. Purpose:
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.

II. Scope:
These guidelines are applicable in addressing allegations of misconduct by employees of the Long Beach Police Department filed on or after April 11, 1990.

III. Amendment:
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.

IV. Definitions:
In addition to the terms already defined in the Commission's By-Laws, the following terms shall have the stated meaning:

1. Complaint: Allegation(s) of misconduct against an employee(s) of the Long Beach Police Department.
2. Complainant: The person filing the complaint.
3. 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.
4. 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.
5. 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.
6. 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.
7. False Arrest: An arrest that is not made in compliance with California Penal Code § 836.
8. 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.
9. 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.
10. 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.
11. Respondent: An employee of the Long Beach Police Department against whom a complaint is filed.
12. Witness: Any person who has information relevant to the complaint.

VI. Receiving and Processing Complaints:

1. Where to File: Allegations of police employee misconduct may be filed with the CPCC Office, or with any appropriate agency.
2. 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.
3. Time Element: Complaints filed directly with the CPCC must be filed within one year of the date of the alleged police employee misconduct.
4. 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.
   1. The Independent Investigator should strive to complete any investigation within 90 days of assignment.
   2. Interviews
      1. 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).
      2. Any statements obtained by the investigator should be summarized by the investigator, and whenever possible, agreed to by the person being interviewed.
      3. The investigator shall collect all relevant information including all documentation available relative to the allegation(s).
   3. The investigator shall compile all information and evidence into a written report.
5. Commission Review, Findings and Recommendations:
   1. The CPCC shall review the complaint with the stated allegations of misconduct and the investigative data.
   2. The CPCC shall conduct its review in closed session in accordance with applicable laws and regulations.
   3. For each allegation of misconduct, the CPCC shall render one of the following findings by majority vote:
      1. Receive & File
      2. Unfounded
      3. Exonerated
      4. Not Sustained
      5. Sustained
      6. Other/Training
      7. Re-Investigate
6. 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.
7. Post-Commission Process:
   1. The Commission, by majority vote of those present, may hold a public hearing on any matter within its jurisdiction.
   2. Hearings will be conducted by the Commission.
   3. 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.
   4. Hearings shall be open to the extent permissible by law.
   5. The Commission shall follow an informal hearing procedure in conducting its investigation of individual complaints.
   6. Citizen or Police Department employee witnesses shall be questioned by the Commission or staff only.
   7. There shall be no cross-examination by Police Department employees, citizen witnesses, the Complainant, or their respective counsel.
   8. 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.
   9. 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.
   10. 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.

VII. Confidentiality:

1. 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.
2. Failure to comply with this policy shall be grounds for removing a Commissioner from the Commission.
3. 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:

                        Findings

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).

SUSTAINED

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

OTHER

The alleged act, although more likely than not occurred, was not misconduct and could be most appropriately handled by training or other means.

EXONERATED

The investigation indicates the alleged act did occur, but the action(s) taken were lawful, proper and justified.

UNFOUNDED

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.

NOT SUSTAINED

The investigation fails to disclose sufficient evidence to prove the alleged act.  

RE-INVESTIGATE

When new information comes to the attention of the Commission or when the Commission requests clarification or additional information that could reasonably be obtained.

Commissioners must make an bjective, systematic, good-faith determination of credibility based on a reasonably thorough investigation and the information available at the time.

Credibility Factors

Corroboration
Opportunity and capacity to observe
Contradictory or inconsistent statements
Past history 
Plausibility
Bias
Motive to be dishonest
Reputation for veracity or deceit
Manner of responding to questions

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}