San Jose Ca.Gov
File #: ROGC 20-293    Version: 1
Type: Rules Committee Reviews, Recommendations and Approvals Status: Agenda Ready
File created: 7/30/2020 In control: Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
On agenda: 8/5/2020 Final action:
Title: Actions Related to Police Reform, Reimagining Police, and Strengthening the Investigative Authority of the Office of the Independent Police Auditor. (Mayor, Jones, Diep and Carrasco)
Attachments: 1. Memorandum from Mayor, Jones, Diep and Carrasco
...Title
Actions Related to Police Reform, Reimagining Police, and Strengthening the Investigative Authority of the Office of the Independent Police Auditor. (Mayor, Jones, Diep and Carrasco)
...Recommendations
1. Direct the Independent Police Auditor (IPA) and City Manager to provide Council with specific recommendations for how the IPA would take over investigations of police misconduct from SJPD’s internal affairs that would incorporate the following elements:
a. Reallocating resources to introduce investigatory capacity within the IPA by the conclusion of negotiations;
b. Enabling the IPA to make factual findings based on its investigations of misconduct allegations; and
c. Enabling the IPA to continue to report concerns between her factual findings and the Department’s disciplinary decisions to the Council and public.
2. Direct the City Attorney, IPA, and City Manager to provide Council with specific recommendations to reform the officer disciplinary appeal process-particularly after a termination decision-to either:
a. Identify and implement an alternative to binding arbitration for disciplinary appeals, and/or
b. Reform the arbitration process to enable greater accountability and transparency, in:
i. Arbitrator selection;
ii. Limitation of the arbitrator’s scope of review, such as by requiring deference to the factual findings of the IPA;
iii. Public disclosure of arbitration decisions;
iv. Appeal of arbitration decisions to a court of competent jurisdiction; and/or
v. Other worthwhile reforms made apparent through discussions with the community and in negotiation with the POA.
3. Direct the IPA to evaluate and provide recommendations for expansion of the duties and responsibilities of the current IPA advisory committee, to include review of some of the IPA work, providing additional insight to the Office of the Independent Police Auditor and allowing for greater transparency. Explore models such as the City of Anaheim Police Review B...

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