Eceive Aug 2 3 2016 Office of the Mayor August 16, 2016 Mary Casillas Salas The Honorable Jeffrey B. Barton, Presiding*

Published: August 16, 2016 39 pages

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Note: Missing finding numbers detected: F6

Findings 8 findings

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The Task Force members unanimously agreed there is no demonstrated need for a civilian police review board. Reasons:

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Police officers receive on-going training to improve and upgrade their education and skills. CVPD officers receive 10 hours of training per month (120 hours a year - 5 times the required training by POST.) Team policing has resulted in greater supervision of officers and allows for better self-policing of officer conduct. The Chula Vista Police Department has established clear guidelines and uses a process that appropriately and fairly evaluates and resolves internal, i.e., departmental complaints of police misconduct. 94% of departmental complaints are sustained. The average time to investigate and resolve citizen complaints is two and one-half months, which the Task Force found to be reasonable.

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Develop and implement a tracking system to monitor informal citizen inquiries that do not rise to the level of formal complaints. Currently, the only tracking that is done is for formal citizen complaints. However, there is no tracking of informal inquiries or complaints that do not rise to the level of formal complaints. There are occasions when a citizen contacts the police department about a particular incident, officer, or simply to ask for clarification about a police practice or policy. These public contacts with the police department are not tracked by the CVPD in a manner that identifies the caller, the nature or purpose of the inquiry or how the question or inquiry was resolved. This is one area where a Citizen Advisory Board could assist the CVPD in formulating a protocol and implementing an informal tracking process that balances both the public's and police officer's interests. The benefit of logging these informal type of public inquiries would allow the CVPD to make needed changes before issues become problems. In other words, monitoring and logging informal inquiries would allow the CVPD to be proactive in heading off potential problems. Police Liaison. The CVPD should designate one police officer as a liaison to respond to complaints. He or she would not investigate complaints. Instead the liaison officer would personally contact complainants by phone or letter to inform them their complaint has been received and is being reviewed, to explain the complaint process if needed, and advise the complaint of the approximate time it will take to review and resolve the complaint. This would be in addition to what is already currently done to notify the complainant of the disposition of the complaint. This is simply a recommendation for a courtesy letter or phone call after the complaint has been filed to let the complainant know that the complaint is being reviewed.

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Citizen Advisory Board members would serve as volunteers. Therefore, the costs involved in creating a Citizen Advisory Board would be minimal.

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The rate of citizen complaints is low. During the last 12 months, 14 citizen formal complaints were received by the police department. The city of Chula Vista averages 13.4 formal citizen complaints per year, an extremely low number considering that each year CVPD officers average more than 75,000 official contacts with the public and arrest nearly 5,000 individuals. In comparison, in a four-year period between 1996 and 2000, 2,684 citizen complaints were filed with the San Diego Police Department, an average of 671 citizen complaints a year. In contrast, in a five-year period between 1996-2001, only 67 citizen complaints were filed with the CVPD, an average of 13.4 complaints. The citizen complaints filed with the CVPD have not involved egregious conduct, such as allegations of police brutality or high-profile incidents of excessive force. Typically, citizens who filed complaints have alleged rudeness or unprofessional demeanor by an officer, or complained about an officer's failure to take a police report.

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The cost of funding a civilian review board was not a factor - The Task Force agreed that the cost of creating a civilian review board was not relevant to its decision whether to recommend a civilian review board. The CTF members agreed that if there had been a demonstrated need for a civilian review board, cost would not be a valid reason for not creating a civilian review board. The Task Force also considered and compared the existence or non-existence of the following factors in concluding that the City of Chula Vista would not benefit from a Civilian Review Board: Reasons cited by CRB Cities Current Status of Chula Vista History of problems No history of community-relations problems High-profile incidents of misconduct No high profile incidents of misconduct Perception of unfair treatment 87% of people surveyed in 2000 that had contact with CVPD said they were treated fairly Perceived lack of internal controls Clear policies and officer training on use of force and alternate less lethal force Perceived or actual difficulties in filing complaints CVPD publishes brochure on how to file complaints [filing procedure could use improvement] Lack of trust 92% of citizens surveyed in 2000 were satisfied with CVPD ADDITIONAL FINDINGS AND RECOMMENDATIONS:

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A Citizen Advisory Board would provide constructive comment and input and increase communication between the public and the police department . The Advisory Board would hold public meetings throughout sectors of community to take citizen input concerning the police department. Conducting public forums may provide an opportunity to obtain input from under- represented segments of the community that did not respond or participate in the SANDAG survey of 2000. The Advisory Board would meet on a regular and scheduled basis with the Police Chief and also work closely with the Community Relations Unit.

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Selection Process for the Citizen Advisory Board The Citizen Advisory Board should be selected in a similar process as the Citizen Task Force. The advisory board should reflect the diversity of the community and be comprised of community stakeholders. Community organizations should be solicited for nominations. In order to instill the public's confidence in the selection of the board members, appointments should be made by the City Manager with the assistance of an independent consultant to assist in identifying potential nominees. In order to avoid the appearance of political appointments, and maintain an unbiased and independent advisory board, the CTF recommends the City Council should not appoint the Advisory Board members. Number: The number of Advisory Board members should be an odd number, no less than 7, no more than 11. Term: in order to provide continuity and an adequate time to see implementation of recommended proposals a term of no less than two years, and no more than four years, is recommended. An optimum term would be three years. Staggered terms is also recommended to allow a balance of new and seasoned board members. В. THE INITIAL FILING PROCESS FOR CITIZEN COMPLAINTS NEEDS REVISION AND IMPROVEMENT While the CVPD's investigations of citizen complaints appear to be fairly and efficiently reviewed and resolved, the part of the citizen complaint process that needs fine tuning is the initial filing of the complaint. This includes information about how to file a complaint. The CTF recognizes the CVPD is making concerted efforts in this area and is currently revising brochures and information about how to file a citizen complaint. However, what needs revision is the current complaint form that a citizen fills out at the police station. The complaint form, which is attached as appendix B to this report, is not user friendly and is intimidating. A significant portion of the complaint form is devoted to the language in Penal Code section 148.6b, which advises the complainant that a false complaint will be prosecuted. The CTF suggests the manner in which the statutory language is emphasized and highlighted be revised so that it does not overwhelm the complaint form. In addition, the input received at the community meeting revealed that the current citizen complaint process is not clearly understood. To address these issues the Task Force recommends:

Recommendations 2

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Establish independent citizen commissions for oversight of police behavior. The City of Chula Vista has determined that this recommendation will not be implemented because it is not warranted, based on the following: The Police Department's Community Advisory Committee, rather than a citizen 1. oversight board, is best for Chula Vista According to the Grand Jury's report, , the Grand Jury received an unspecified number and type of complaints on police conduct from citizens in unspecified cities "who felt there was inadequate resolution of their grievances, suggesting the current process needs improvement." Accordingly, the Grand Jury recommended that seven cities in the county with their own police departments each establish a citizen oversight board, or form Joint Powers Agreements to set up regional review boards. Fourth Avenue • Chula Vista • California 91910 • (619) 691-5044 • Fax (619) 476-5379 The Honorable Jeffrey B. Barton, Presiding Judge Page Two August 16, 2016 The City of Chula Vista already thoroughly considered whether an oversight board is needed and concluded, based on the recommendation of a citizens task force, there is no demonstrated need. Instead, the City Council in 2001 adopted the "strong recommendation" of the citizen task force to establish the Police Department's Community Advisory Committee (CAC), which is noted in the Grand Jury's report, . The very thoughtful and thorough report of the 2001 Citizen Task Force (CTF) is attached as Exhibit A. The CAC currently has 10 community members from a variety of backgrounds and with a variety of viewpoints. They are volunteers and serve without pay. In addition to the topics noted below, the CAC recently has discussed the Department's use of Body Wom Cameras and a new "early warning" software system to track citizen complaints. The City Council mostly recently accepted a report on the CAC on March 5, 2013, which provided the following summary: "History An ad hoc citizens task force recommended that the Police Department form a community advisory committee on police practices and procedures. The task force, authorized by the City Council in May 2001, was charged with studying and making
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Determine the specific commission model with community input to ensure acceptance, independence, and accountability. The City of Chula Vista had determined that this recommendation will not be implemented because it is not warranted: there is no need to design a commission that is not needed. In the event the City's decision-makers, the elected Mayor and City Council, in the future determine a need for a commission separate from the existing CAC; the Mayor and Council will direct City staff to carefully and thoroughly design a commission that best meets needs and resources, with community input throughout the development and decision processes. Thank you for your interest in the City of Chula Vista. If you would like additional information or have any further questions please contact Police Chief David Bejarano at 619-691-5150. Sincerely, Way Careller Jalan Mary Casillas Salas Mayor 276 Fourth Avenue • Chula Vista • California 91910 • (619) 691-5044 • Fax (619) 476-5379 [email protected] Exhibit A - 1 . COUNCIL AGENDA STATEMENT Item: Meeting Date: RESOLUTION ACCEPTING THE REPORT ITEM TITLE: FROM THE AD HOC COMMITTEE ON THE CIVILIAN REVIEW COMPONENT OF THE COMMUNITY and ENHANCEMENT REVIEWING ITS PLAN RECOMMENDATIONS. SUBMITTED BY: City Manager City Manager Cod Do (4/5ths Vote: Yes___No X_) REVIEWED BY: At its May 29, 2001 meeting, the Chula Vista City Council requested an ad hoc committee be formed to examine the subject of police civilian review boards. Council determined that the issue warranted further examination given the diverse composition of the city. Attached is the report that resulted from the Community Task Force. RECOMMENDATION: That Council accept the report from the Ad Hoc Committee on the Civilian Review Component of the Community Enhancement Plan, and review its recommendations. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: Earlier this year, Council requested an ad hoc committee be formed to examine the subject of police civilian review boards. As a result, an ad hoc committee comprised of community members was established to study the issue in detail and formulate a recommendation to Council. DISCUSSION: The Community Task Force that resulted from Council's request was a 7-member committee, which met eight times over a four-month period. They reviewed the nature and intent of the request for a civilian review board; reviewed numerous reports, policies, and statistics; reviewed the procedures currently used to investigate allegations of police misconduct; reviewed police academy and in-service training on ethics and police conduct; famillarized themselves with police department policies and procedures by participating in the Citizens' Academy and in "ride-alongs" as necessary; and, formulated a recommendation regarding the subject of a civilian review board in Chula Vista. 19-1 ; CITY OF CHULA VISTA CITIZEN TASK FORCE REPORT ON CIVILIAN-POLICE REVIEW DECEMBER 4, 2001 . 1.2 . 19-3 <b>Table of Contents</b> 1. Summary of Recommendations 1 2. Background & Process of Selecting Task Force 3 3. Methodology and Data Collection 4 4. Public Meeting SUMMARY The seven-member Citizen's Task Force on Civilian Review submits the following report and recommendations for consideration by the City Council's designee, the City Manager of the City of Chula Vista. On May 29, 2001, the City Council requested a Citizen Task Force be formed to review the subject of Civilian-Police Review Boards. The Citizen Task Force was asked to determine whether the City of Chula Vista should establish a Citizen Police Review Board to review police practices and policies and investigate citizen complaints of police misconduct. Recommendation: After careful review of the police department's existing policles, procedures, and practices, and consideration of community input on this subject, the Citizen Task Force finds there is no demonstrated need for a Civilian Police Review Board. Additional Recommendations: In lieu of a Civilian Police Review Board, the Citizen Task Force strongly recommends the formation of an Advisory Citizen Board on Police Practices and Procedures. The purpose and scope of an advisory board would be to work in partnership with the Chief of Police on matters related to public safety and community-related issues. An advisory board would advise and consult with the Chief of Police concerning police department policies and procedures that involve the department's interaction with the public. The advisory board would meet regularly with the Chief of Police to discuss relevant public safety and community-related issues. 2. The Citizen Task Force recommends the citizen complaint form be revised to make it user-friendly. In addition, it is recommended a police officer liaison be assigned for all citizen-police complaints. One officer should be designated to contact and relay information to citizen-complainants concerning the process, and the approximate time it will take to review and resolve a complaint. The Citizen Task Force proposes an Annual Community Public Safety Meeting between the Police Department and community members. The purpose would be to increase citizen familianty with police services and programs and provide an additional opportunity for citizens and the police department to interact in a positive manner. An Advisory Board would be instrumental in assisting the police department in developing its first annual community public safety meeting. 19-5 4. Chula Vista Police Department's Web Site should include a description of the citizen complaint process that would provide information how, where, and to whom a complaint may be made, and the name and phone number of the person to contact within the department for further information about the complaint process: The report contains a discussion of materials and community comments considered by the Task Force members in reaching their recommendations. The Task Force commends the City Council for authorizing the City Manager, David Rowlands Jr. to form a Citizen Task Force to study and address the issue of a Citizen Review Board. The Citizen Task Force appreciates the openness and willingness of Chief Rick Emerson and his staff to readily provide material on police policies, procedures and other information requested by the Citizen Task Force which it needed to prepare its report and recommendations. The Citizen Task Force also thanks Josie Calderon, who in her capacity as a consultant and facilitator greatly assisted the Task Force in obtaining, compiling and sorting the required information and material for preparation of this report. Dated: December 4, 2001, at Chula Vista, California Respectfully submitted, Lilia E. Garcia Chairperson Citizen Task Force on Civilian Review BACKGROUND At the City Counsel meeting on May 29, 2001, some community members proposed that the council create a citizen board to review police practices and procedures concerning citizen complaints of police misconduct. The City Council authorized a citizen task force be formed to review and make

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.