Article XIA — POLICE OVERSIGHT — Long Beach Municipal Code

Editor's note— Amended by Meas. E, 11-8-2022, eff. 1-23-2023, the title of Art. XIA and the associated section titles to read as herein set out. The former Art. XIA was entitled "Citizen Police Complaint Commission."

Section 1150. - CREATION OF POLICE OVERSIGHT COMMISSION.

There is hereby created a Police Oversight Commission.

(Amended by Meas. E, 11-8-2022, eff. 1-23-2023; Added by Prop. 1, 4-10-1990, eff. 5-3-1990)

Sec. 1151. - MEMBERSHIP AND TERM OF POLICE OVERSIGHT COMMISSION.

Members. The Police Oversight Commission shall be composed of seven (7) members who are broadly representative of the racial, ethnic, religious, age, gender, sexual identity, 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.

Term of Office. The term of office for members of the Commission shall be four (4) years. No member shall be appointed for more than two (2) consecutive terms. Notwithstanding the provisions of this Section, the three (3) members first appointed by the Mayor to this Police Oversight Commission shall serve for an initial two (2) year term. Members serving an initial two (2) year term shall be eligible for re-appointment to one (1) additional four (4) year term.

Vacancies. Appointments to fill vacancies on the Commission shall be made within sixty (60) days of the position becoming vacant. Appointments to fill vacancies shall be for the unexpired term of the member whom the appointee succeeds. Serving any portion of an unexpired term shall not be counted as service of one term. A vacancy or vacancies shall not impair the right of the remaining members to exercise the powers of the Commission.

Quorum. A majority of members of the Commission shall constitute a quorum, and the affirmative vote of at least a majority of members shall be required to take any action.

(Amended by Meas. E, 11-8-2022, eff. 1-23-2023; Added by Prop. 1, 4-10-1990, eff. 5-3-1990)

Sec. 1152. - APPOINTMENT OF POLICE OVERSIGHT DIRECTOR.

The City Council shall appoint a Police Oversight Director who shall be the chief administrative officer of the Police Oversight Commission. The City Council, subject to veto by the Mayor and City Council override by a vote of two-thirds (⅔) of its members, shall appoint the person deemed best qualified on the basis of executive and administrative capabilities, with special reference to experience in, and knowledge of, accepted practices with respect to the duties of the office as set forth in this Charter. The Police Oversight Director shall be appointed for an indefinite period and cannot be removed from office except by a vote of five (5) members of the City Council, subject to veto by the Mayor and City Council override by a vote of two-thirds (⅔) of its members. The Director shall have the following authority:

Audit completed investigations for timeliness, thoroughness and quality;

Review Internal Affairs' intake of complaints to ensure the appropriate allegations have been included for investigation;

Investigate issues, such as complaints against the Chief or Command Staff, an officer-involved-shooting, an in-custody death, or other critical incident, as defined in California Government Code Section 6254(f)(4) (C), upon request of the City Manager or designee;

Review all major use of force incidents, which shall be defined as incidents in which the use of force by any peace, custodial or public officer, as defined in California Penal Code Section(s) 830.33(d), 831(a) and 836.5(a), against a person, resulted in death or in great bodily injury;

Have access to the scene of critical incidents to observe Long Beach Police Department's handling of the incident investigation;

Prepare an Annual Report with a focus on Statistical trends and special reports;

Make recommendations and prepare reports to the Commission relating to Long Beach Police Department operations, policy, procedures and training;

Have access to all relevant Police Department records and data, with the authority to question witnesses, including Police Department personnel, in order to fulfil the duties stated herein; and

Required to preserve the privacy of Long Beach Police Department employees, including personnel files, and keep confidential all Long Beach Police Department files and other data to the maximum extent permitted by law.

(Amended by Meas. E, 11-8-2022, eff. 1-23-2023; Added by Prop. 1, 4-10-1990, eff. 5-3-1990)

Sec. 1153. - POWERS AND DUTIES OF THE COMMISSION.

The Commission shall have the following powers and duties:

Provide input to Police Oversight Director on setting auditing priorities and to review and approve recommendations from the Police Oversight Director;

Solicit input from the community on recommendations under consideration;

Provide feedback to Police Oversight Director on annual reports with a focus on statistical trends and special reports on matters addressed by the Police Oversight Director;

Educate and engage with the community and bring community concerns to the attention of the Police Oversight Director and the Long Beach Police Department; and

Receive briefings on high-profile incidents and keep confidential such information to the maximum extent permitted by law.

(Amended by Meas. E, 11-8-2022, eff. 1-23-2023; Added by Prop. 1, 4-10-1990, eff. 5-3-1990)

Sec. 1154. - CONFIDENTIALITY.

The Commission's meetings shall be open to the public to the extent legally possible and insofar as it does not conflict with state or federal law.

(Amended by Meas. E, 11-8-2022, eff. 1-23-2023; Added by Prop. 1, 4-10-1990, eff. 5-3-1990)

Sec. 1155. - STAFF ASSISTANCE AND BUDGET.

Staffing for administrative and management functions of the Commission will be addressed in the Municipal Code. The Commission will have a budget, as determined by the City Council, sufficient to conduct the Commission's mission and business.

(Amended by Meas. E, 11-8-2022, eff. 1-23-2023; Added by Prop. 1, 4-10-1990, eff. 5-3-1990)