Sacramento Community Police Review Commission Meeting - October 9, 2023

The Sacramento Community Police Review Commission met on October 9, 2023, from 6:00 PM to 9:28 PM at City Hall. The meeting included a consent calendar, public comments, and discussion of three major items: an audit of SPD misconduct complaint cases, an update on the audit of the commission itself, and a request for a joint workshop with the City Council. Commissioners expressed frustration over the lack of progress on previous recommendations and the need for resources and clear processes.

Consent Calendar

• Approval of Minutes (September 11, 2023): Passed 7-0-1 (Commissioner Salazar abstained; Commissioners J. Johnson, Carter Martinez, Marion absent).

Public Comments & Testimony

• Matters Not on the Agenda: A community member (Truth) described a September 29, 2023 encounter with SPD Sergeant McPhail, alleging the officer stopped him without cause, confiscated his ID, and acted dismissively. The speaker gave historical context linking modern policing to slave catchers and demanded the return of his ID. He criticized the city's funding priorities and called for a community town hall in December.
• Public Comment on Item 5: No speaker slips.

Discussion Items

3. Office of Public Safety Accountability’s Audit of SPD: Misconduct Complaint Cases - Improper Search and Seizure

Inspector General Dwight White presented an audit of 109 completed misconduct complaint cases (improper search and seizure) from June 1, 2020 to June 30, 2023. Key findings:

• SPD dispositions: 86 unfounded, 17 sustained, 4 exonerated, 2 not sustained.
• OPSA identified additional violations, especially in unlawful pat-downs and pretextual stops.
• 70% of complainants were Black/African American; most were aged 19–30; 70% male.
• Traffic-related stops (especially window tint) were a primary pretext; all such stops involved Black or Latino individuals.
• 10 findings included: pretextual stops, lack of standalone Fourth Amendment policy, outdated 2007 search and seizure manual, failure to articulate reasonable suspicion, warrantless entries, and cell phone seizures.
• Recommendations: eliminate pretextual stops, update policies, train officers (including DA’s office training), involve IAD in all complaint investigations, and create a policy review committee with community input.
• SPD representatives (Lt. Buchanan, Assistant City Manager Lara) stated they are implementing all recommendations and forming an Office of Internal Compliance.
• Commissioners discussed the need for impartial third-party training, accountability metrics, and reformed reporting forms. Commissioner Carter Martinez (not present) raised concerns via other commissioners about training quality and reliance on in-house instruction. Commissioner Bliss questioned the community advisory body mentioned in the September presentation.

4. Update on the Audit of the Sacramento Community Police Review Commission

Kevin Christensen (City Auditor’s Office) presented an update on the November 2021 audit. Findings:

• Lack of clarity in roles and responsibilities (city code vague on staffing, information access, and review duties).
• Commission lacks resources: no dedicated staff, no annual report, no performance metrics, no mandated training.
• Recommendation process flawed: 110 recommendations made between 2018 and 2021, less than half responded to; no required formal written responses from SPD; no council vote required.
• Recommendations: clarify code, provide staff, establish recommendation format, require SPD responses, create tracking system, and conduct a joint workshop with council.
• Status: Some progress – administrative support moved to City Clerk; SPD converting recommendations to new format; law and legislation committee requested workshop. However, most recommendations unimplemented; community members expressed frustration.
• Commissioner Carter voiced strong frustration that after years, few tangible changes have occurred.

5. Request for a Joint Workshop with the City Council Regarding the Audit of the Sacramento Community Police Review Commission

The Commission considered a letter from the chair and vice chair urging acceptance of the council’s offer for a joint workshop. The letter noted that 146 of 147 recommendations remain unaddressed and that the commission lacks resources. Commissioners emphasized the need for clear timelines, concrete outcomes, and a formal recommendation process. The motion passed unanimously (9-0, 2 absent).

2. Sacramento Community Police Review Commission Follow-Up Log

The follow-up log was received and filed. It will be updated to align with the commission’s work plan and brought back in November.

Key Outcomes

• Consent Calendar approved (minutes of Sept 11, 2023).
• Item 3 (OPSA audit) received and filed; ongoing implementation of recommendations noted.
• Item 4 (update on CPRC audit) received and filed; commission expressed frustration and called for council action.
• Item 5 (joint workshop) passed unanimously. The chair and vice chair will work with council to set agenda, facilitator, and timeline. Commissioners demanded that the workshop produce clear deadlines for council action on recommendations.
• Item 2 (follow-up log) received and filed.
• SPD committed to having sworn personnel present at future meetings and to completing response formats for 2018 recommendations (already done) and 2019-2020 recommendations by November 2023.
• New positions (Office of Internal Compliance, OPSA staff) expected to be recruited; job postings not yet begun.
• No action taken on public commenter’s specific complaint about Sergeant McPhail; referral to appropriate agency implied.