San Diego Rules Committee Meeting on CRB Measure G Implementation and Charter Amendments - March 7, 2018
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San Diego Rules Committee Meeting on CRB Measure G Implementation and Charter Amendments - March 7, 2018
The Rules Committee of the San Diego City Council met on March 7, 2018, at 10:00 AM to discuss two main agenda items: a draft ordinance implementing Measure G (the Community Review Board charter amendment) and a discussion of charter amendment proposals from the 2015-2016 Charter Review Committee that were not placed on the 2016 ballot. The committee heard public testimony, deliberated, and took action on the first item.
Public Comments & Testimony
- Robert McNamara (opposition to the CRB ordinance): Argued that Measure G did not fully address all original amendments, failing to include an independent investigator, subpoena power for the board, and permanent funding for independent legal counsel. He requested a referral to the Rules or Public Safety Committee to investigate those aspects.
- Kate Yavendetti (in favor, representing Women Occupy San Diego and National Lawyers Guild): Expressed support for the draft ordinance because it allows the CRB to audit Category II complaints, a change she welcomed. However, she raised a concern that the appointment language stating "members shall be appointed by the mayor and confirmed by the city council" does not comply with Measure G, which she believes gives council members equal appointing authority. She urged the language be changed to include council members as appointers.
- Robert McNamara (second appearance, on charter amendments): Spoke in favor of three specific charter amendment proposals: changes to Charter Section 12.1/24.141.1, renaming the Ethics Commission to the San Diego Fair Political Practices Commission, and transferring oversight of school board elections to the San Diego Unified School District.
Discussion Items
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Implementing Measure G – Community Review Board (CRB) Ordinance and Standard Operating Procedures
- Staff (Mr. Graham) and CRB Chair Doug Case presented the draft ordinance. Key changes include: the board will be administered jointly by the mayor and city council; the board retains its 23-member composition, with appointments made by the mayor and confirmed by council; creation of a "CRB Academy" training program to replace the former prospective/alternate member system; two-year terms (up to eight consecutive years); a process for removal by council and mayor for misconduct; and a new ability to audit Category II complaints for civilian oversight. The standard operating procedures enshrine existing case review processes.
- Committee members asked about the training program, timeline to fill vacancies, and ensuring geographic diversity across council districts. Staff replied that the existing vetting process would continue under the academy, and that outreach to all council districts is conducted. The mayor's office is committed to moving forward a slate of appointments quickly after ordinance adoption.
- Council President made a motion to refer the draft ordinance to the City Attorney's Office for legal review and preparation of a final ordinance to bring to the full City Council for consideration. The motion was seconded by Committee Member Kate.
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Charter Amendment Proposals from the 2015-2016 Charter Review Committee
- The committee discussed which of the proposals from Attachment 1 of the final report to prioritize for possible placement on the November 2018 ballot. Committee Member Kate listed several: reorganization of charter articles on legislative powers (Article III), independent non-mayoral departments, strong mayor form of governance, Planning Commission (Section 41C), and ethics commission name change (Section 41D). Committee Member Bree noted she is already committed to two charter-related measures (school board elections and Section 225 disclosure of business interests) and raised the question of bundling related items subject to the single-subject rule. The Independent Budget Analyst (IBA) proposed a name change to "Office of the Independent Budget and Policy Analyst."
- No motion was made. The committee gave direction to the City Attorney's Office to research which proposals have already been partially drafted or researched and to bring back an informational item at a future meeting, well ahead of the June 5 deadline for November ballot measures.
Key Outcomes
- Motion on CRB Ordinance: The committee voted 4-0 to refer the draft ordinance to the City Attorney's Office for final legal review and drafting, with the intent to bring it to the full council for consideration. The ordinance will incorporate changes including Category II complaint auditing and the new training academy.
- Charter Amendment Direction: No formal vote was taken. The City Attorney's Office was directed to compile a report on the status of previously worked-on charter amendment proposals (especially those listed by Committee Member Kate) and return to the committee for further consideration. The IBA's name change suggestion was noted for potential inclusion.
Meeting Transcript
Sorry for the interruption. Please continue. And no problem. Let me go back to what I was saying. The second concern that we had was that currently internal affairs only investigates those complaints that are categorized as category one, which are the most serious, as well as category two that are combined with a category one complaint. And that means that uh about half of the complaints uh against ten legal police officers currently have no civilian oversight. And so we created a system so there would be at least an auditing of category two complaints, and we were waiting to implement that. And that was one of the things that are the top the pipeline that I mentioned. And uh the documents that is before you today includes the ability to do that. And so with those concerns addressed, uh, our board vote voted unanimously at our last meeting to uh uh support the uh draft documents that are before you today, and I'll turn it over to Mr. Graham to explain those. Thank you very much. And thank you to Doug for his input to the CRB for their input. Um there were three community review board meetings, uh public hearings where we received input from the public and from the board. There are also three public hearings that were the uh rules committee, and want to thank the members of that CRB rules committee for their input that led to um what you will see today. Uh and finally, as Doug mentioned, there was unanimous support from the board recently regarding this draft ordinance with a couple of changes as Doug um mentioned, and I incorporated those. So what we're talking about is implementing Measure G, which was passed uh in November of 2016, with uh the main highlights really having to do with the administration of the board being the mayor and city council now administering the board. Previously it was solely the mayor, additionally, enshrining in the charter the ability to oversee uh complaints um in addition to officer involved shootings and in custody deaths. Those by practice had previously also been incorporated, but now it's enshrined in the charter, and finally the changing of the name of the CRB. In order to then implement this as a charter board, uh it was important to work through a implementing ordinance that then would be able to define the relationship between the mayor and council in administering the rules and regulations for the board. Um, as you know, this board is responsible for complaints and is privy to confidential information with regards to San Diego police officers through the complaint process and internal affairs. And so the level of detail that is currently right now in uh the bylaws of the board, administrative rules and procedures, all of which are approved um in general by the mayor, also needed to be handled. And so we're proposing to bring forward the implementing ordinance as well as a set of standard operating procedures that would govern the board, then the board itself would have approval authority over its bylaws. As far as the board today, um the power currently rests with the mayor and city manager. Um they review complaints against police officers, officer involved shootings in custody deaths. It's a 23-member board. Um there are prospective alternate and full board members, and I'll get to the importance of that in a moment. Um they're governed by bylaws that are approved by the mayor. And there's a set of operational standing rules that are approved by the the board and mayor as well. And they conduct both open meetings and closed session meetings. The closed sessions are the meetings in which they review um cases with confidential information. What we're proposing under this ordinance is that the power to create the board now rests with the mayor and council per the city charter. They continue to review complaints against police peace officers. That the board remain a 23 member board. Um that is appointed by the mayor, uh, confirmed by council. That's how our boards under the charter are uh currently appointed. And so there's consistency here with this charter board. That there are appointments that are made to the full board itself. So rather than the current procedure of having prospective, alternate, and board members, like the rest of our boards. The mayor proposes and the council approves a slate of board members. In a moment, I'll tell you how we're addressing the prospective board member issue. That they would maintain a training program for those interested in being to the appointed to the CRB. This is important because right now the CRB goes through and solicits applications for people who want to join the CRB. They then go through several trainings. And in fact, as a prospective board member, you're able to review cases so that you get really on the job training, if you will, before being appointed as a full board member. That can be accomplished today because the mayor is the one that approves that slate of prospective members. And instead of having two slates of appointees, so having to go through 43 appointees and put that before council twice and be duplicative. A training program is what we have proposed that the CRB would use its existing process in which it vets candidates, trains them, and puts them forward for recommendation to fill appointments. There no longer would be prospective board members. There no longer would be alternate board members, but the goals of the prospective board members would still be achieved through the CRB process of soliciting.
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