Los Angeles County Municipal Code Ch. 3.79 Sheriff Civilian Oversight Commission

There is created a Los Angeles County Sheriff Civilian Oversight Commission, hereinafter in this chapter referred to as the "Commission."

(Ord. 2016-0048 § 1, 2016.)

The purpose of the Commission is to improve public transparency and accountability with respect to the Los Angeles County Sheriff's Department, by providing robust opportunities for community engagement, ongoing analysis and oversight of the Department's policies, practices, procedures, and advice to the Board of Supervisors, the Sheriff's Department, and the public.

(Ord. 2020-0006 § 1, 2020; Ord. 2016-0048 § 1, 2016.)

The Commission shall, on its own or at the request of the Board of Supervisors or the Sheriff, without interfering with the Sheriff's investigative function:

A.

Make Recommendations. Review, analyze, and where appropriate solicit input, and make recommendations to the Board of Supervisors and the Sheriff on the Sheriff's Department's operational policies and procedures that affect the community or make recommendations to create additional operational policies and procedures affecting the community and request a response from the Sheriff.

B.

Investigate. Investigate through the Office of Inspector General (OIG), or through its own staff, analyze, solicit input and make recommendations to the Board of Supervisors and the Sheriff on systemic Sheriff - related issues or complaints affecting the community.

C.

Review. Review policy recommendations made by outside entities at the request of the Board of Supervisors or the Sheriff or recommendations made in other reports that in the judgment of the Commission merit its analysis, and report to the Board of Supervisors or the Sheriff whether or not the recommendation(s) should be implemented by the Board of Supervisors or the Sheriff or, if the recommendation(s) is being implemented, the status of implementation. The Commission's reports shall contain an analysis supporting its recommendations and shall seek the input of the Sheriff before implementing or publishing its reports.

D.

Monitor Settlement. Only at the request of the Board of Supervisors and/or the Sheriff, serve, either collectively or through one or more of its members, as the monitor of the implementation of settlement provisions in litigated matters.

E.

Serve as Liaison and Mediator. Function as a liaison, or at the request of the Board of Supervisors, the Sheriff, and/or community groups or organizations involved, serve as a mediator to help resolve ongoing disputes between the Sheriff's Department and members of the community, or organizations within the County of Los Angeles.

F.

Obtain Community Input. Obtain community input and feedback on specific incidents involving the use of force, detention conditions, or other civil rights concerns regarding the Sheriff's Department, convey to the Board of Supervisors and the Sheriff community complaints, concerns or positive feedback received by the Commission, and where appropriate, make recommendations.

G.

Work with the OIG. Work with and assist the OIG in soliciting community input and feedback on issues being investigated by the Inspector General, and supervise and evaluate all work performed by the Inspector General that is done at the request of the Commission.

H.

Function as a Bridge. Function as a bridge between the Sheriff's Department and the community by providing the community an additional means of giving input to the Sheriff, obtaining answers from the Sheriff to community concerns about the Sheriff's Department's operations, practices and activities, bringing an additional perspective to the Sheriff's Department's decision-making to ensure an ongoing balance between the sometimes competing factors of ensuring public safety and constitutional, civil and human rights, and communicating community concerns to the Sheriff that otherwise might not be as clear or might go unnoticed.

I.

Seek Sheriff's Input. Seek the input of the Sheriff prior to completing any of its recommendations made pursuant to the duties defined in this section.

J.

Advise. Serve only in an advisory capacity to the Board of Supervisors and the Sheriff, and without the authority to manage or operate the Sheriff's Department or direct the activities of Sheriff's Department employees, including imposition of

discipline.

(Ord. 2020-0006 § 3, 2020.)

Receive referrals for inspections of jail facilities operated by or within the jurisdiction of the County from the POC, and direct the OIG, or refer the matter to the Sybil Brand Commission, to conduct such inspections.

(Ord. 2020-0006 § 3, 2020.)

Access information, documents, and testimony necessary to the Commission's oversight function as set forth in this ordinance. The Commission, in compliance with all laws and confidentiality protections, may compel production of such information by directing the OIG to issue a subpoena on the Commission's behalf when deemed necessary by action of the Commission. The requirements and procedures for access to, and review and redaction of, confidential information received by the OIG are set forth in subsection J of County Code Section 6.44.190.

(Ord. 2020-0006 § 3, 2020.)

Any personnel records, complaints against Sheriff's Department personnel, and information obtained from these records, which come into the possession of the Commission or its staff, shall be treated as confidential and shall not be disclosed to any member of the public, except in accordance with applicable laws. Copies of complaints not already in the Sheriff's Department possession may be made available to the Sheriff's Department upon completion of the Commission's investigation, unless confidentiality mandates otherwise.

Because the Commission is a Brown Act body that is not authorized to conduct closed session, the Commission may not receive records protected by any law protecting the Confidentiality of records, including Penal Code sections 832.7, 11077, and 13300, et al. As permitted by law, and consistent with subsection J of County Code Section 6.44.190, material received by the OIG in response to a subpoena issued at the direction of the Commission may be shared with the Commission by the OIG.

(Ord. 2020-0006 § 4, 2020.)

A.

The Commission shall consist of nine members. Each shall be a resident of the County of Los Angeles. The members shall be selected as follows:

Five members shall be appointed by the Board, one nominated by each Supervisorial District.

Four community members shall be appointed by the Board upon recommendation by the Executive Officer of the Board of Supervisors, in consultation with County Counsel. Subsequent appointments shall follow a process set forth in the Commission's Handbook.

B.

The following individuals cannot serve as members of the Commission:

A current employee of the County of Los Angeles;

A current employee of any law enforcement agency, including a police or prosecutorial agency for a government entity, or any individual who has been an employee of such an agency within the previous year.

(Ord. 2020-0006 § 5, 2020; Ord. 2016-0048 § 1, 2016.)

A.

Subject to subsection B of this section, each member shall serve for a three-year term. No member may serve on the Commission for more than two full consecutive terms unless such limitation is waived by the Board of Supervisors. The term for all members shall begin on July 1st and end on June 30th. However, the first term of all members who are the initial appointees to the Commission, shall be deemed to commence on the date their appointment is approved by the Board of Supervisors and will end on June 30th of a succeeding year as set forth in subsection B of this section.

B.

As part of the original creation of the Commission only, the initial commission members shall be divided into three groups, with Group A serving an initial three-year term, Group B serving an initial two year term and Group C serving an initial one- year term. For groups B and C, this initial one and two-year term shall not be considered towards the restriction of two full year terms as described in Section 3.79.050 (A). The commission members shall be placed into three groups by a random selection process.

(Ord. 2020-0006 § 6, 2020; Ord. 2016-0048 § 1, 2016.)

Each commission member must successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification. The training program shall be robust and cover constitutional policing including such topics as use of force, firearms, custody, mental health issues, juvenile justice and patrol. Each commission member shall actively participate in the ongoing training program.

(Ord. 2020-0006 § 7, 2020; Ord. 2016-0048 § 1, 2016.)

The Sheriff, or a senior ranking member of the Sheriff's Department, selected by the Sheriff, shall attend and participate in all the meetings of the Commission, but shall not have voting rights.

(Ord. 2016-0048 § 1, 2016.)

The Board of Supervisors will appoint members to fill vacancies on the Commission created by events other than the normal end of a member's term in accordance with the process set forth in Section 3.79.040. Vacancies shall be filled within 60 days. Appointments to fill a vacancy shall not constitute an appointment for a full term but solely to fill the balance of the unexpired term.

(Ord. 2016-0048 § 1, 2016.)

The Commission shall, with the advice of County Counsel, prepare and adopt necessary rules and regulations for the conduct of its business. A copy of the rules and regulations shall be filed with the Executive Officer/Clerk of the Board of

Supervisors. The Commission is to conduct itself in accordance with the Commission's Handbook as established by the Executive Officer in consultation with the Executive Director.

(Ord. 2016-0048 § 1, 2016.)

The Commission shall meet at least once a month, at a time and location to be established by the Commission. The Commission shall hold an annual organizational meeting during the month of July. The Commission meetings will follow Robert's Rules of Order and must comply with the Ralph M. Brown Act.

(Ord. 2016-0048 § 1, 2016.)

At each annual meeting, the Commission shall elect a chairperson, a vice chairperson and a secretary and such other officers as it deems appropriate. The Commission shall determine the procedures and methods by which the officers are elected and the term they are to serve. A chairperson, however, may only serve for two full consecutive one-year terms.

(Ord. 2016-0048 § 1, 2016.)

The Commission may utilize the staff of the Office of Inspector General to undertake investigations, inquiries, audits and monitoring. Alternatively, the Commission may use its own members or staff to undertake investigations, inquiries, audits and monitoring. The Commission shall direct, supervise and evaluate all work performed by the Inspector General that is done at the request of the Commission. Additionally, the Commission may review and evaluate the Office of Inspector General's handling and resolution of any or all citizen's or inmate's complaints.

(Ord. 2024-0046 § 1, 2020.)

The Executive Director and other officers and employees of the Commission shall be designated in the current salary ordinance of the County of Los Angeles. The Commission will also have authority to use outside consultants when the need arises in accordance with applicable laws and policies. Outside consultants may be retained by the Executive Office/Clerk of the Board and/or by the Chief Executive Office pursuant to a delegated authority agreement.

(Ord. 2016-0048 § 1, 2016.)

Members of the Commission shall be eligible to receive reasonable monetary allowance to be set from time to time by the Board of Supervisors for each regular and special meeting of the Commission up to a maximum per member of $5,000.00 per fiscal year and shall be reimbursed for reasonable expenses incurred in performing duties in accordance with County policies regulating reimbursement to County of Los Angeles officers and employees (including parking and transportation in attending meetings of the Commission).

(Ord. 2016-0048 § 1, 2016.)

The Commission shall prepare and submit to the Board of Supervisors and make available to the public, subject to applicable privileges and protections, an annual report of the previous fiscal year. The annual report will be prepared and submitted no later than August 1st of each year. The annual report shall contain background information about the Commission, identify the Commission members and senior staff members, detail the activities of the Commission during the previous year and provide contact information. The annual report will also detail Sheriff's Department policies, procedures or practices, if any,

that were eliminated, modified or created due to the Commission's work. Budget requests for each fiscal year must be made within the normal budget cycle followed by all County departments.

(Ord. 2016-0048 § 1, 2016.)

A.

At the end of the third year of the Commission's creation and every three years thereafter, the Commission shall undertake a detailed self-evaluation. This detailed self-evaluation shall include a candid assessment about the strengths, weaknesses, successes and failures of the Commission. It shall also contain recommendations as to whether the Commission should continue in existence and if so, any recommended revisions to its responsibilities and/or authority and whether an independent management audit should be conducted.

B.

The self-evaluation should also contain recommendations on improvements regarding the Commission's operations.

C.

The self-evaluation shall be submitted to the Board of Supervisors and made available to the public, subject to applicable privileges and protections.

D.

The Chief Executive Office shall, within 90 days following the Commission's self-evaluation being transmitted to the Board, review the Commission's self-evaluation and determine whether an independent management audit should be conducted.

E.

Within one year following the issuance of the self-evaluation, the Commission shall provide a written report to the Board of Supervisors regarding the status of the implementation of the recommendations identified in the self-evaluation. This written report shall be made available to the public, subject to applicable privileges and protections.

(Ord. 2016-0048 § 1, 2016.)

In the discharge of its duties, the Board of Supervisors directs all officers and employees of the County of Los Angeles to cooperate with the Commission and, to the extent permitted by law, promptly supply copies of requested documents and records, so that other public officers and the Commission can fully and properly perform their respective duties.

(Ord. 2016-0048 § 1, 2016.)

Consistent with state law, including, but not limited to the Peace Officer's Bill of Rights, the Commission has the power to subpoena and require attendance of witnesses and the production of books and papers pertinent to its investigations and oversight, and to administer oaths.

(Ord. 2024-0046 § 2, 2020.)

The Commission shall comply with all applicable California and federal laws, including, but not limited to the Ralph M. Brown Act and the Peace Officer's Bill of Rights.

(Ord. 2016-0048 § 1, 2016.)

The Commission shall research and draft a Comprehensive Public Safety Reinvestment Plan (the "Plan") for the Board of Supervisors to be released to the public within seven months of the adoption of this amendment to the Los Angeles County Code, including a Feasibility Study for its implementation, to reduce Los Angeles County's jail population and to reinvest jail system costs into prevention and mental health treatment, including a timeline for resourcing and implementing strategies to meet this goal.

A.

The Plan and Feasibility study shall identify existing, proposed and other potential community-based, owned and operated alternatives to arrest, court, detention and incarceration for people facing nonviolent criminal convictions who have underlying issues such as mental health or drug dependency issues or chronic homelessness.

B.

The Plan and Feasibility Study shall examine the feasibility of investing the resulting savings from jail population reductions, including examining redirecting funds from the $3.5 billion budgeted for a jail expansion plan, to:

Reduce the population of people in jail experiencing mental health drug dependency or chronic homelessness issues to save county jail system costs;

Develop a holistic community mental health infrastructure to prevent crime;

Create mental health alternative custody programs administered through the County Department of Public Health that reduce recidivism of people with mental health issues and criminal convictions;

Expand youth centers and program to prevent youth involvement in crime; and

Increase funding of the existing Office of Re-entry and Diversion, which implements criminal justice diversion for those with mental health or substance abuse issues and provides re-entry support.

C.

The Plan and Feasibility Study shall calculate projected reductions in future jail populations based on current policy and on the Plan's proposed reforms, and the associated financial savings from proposed population reductions.

D.

The Plan and Feasibility Study shall assess the jail population impact of bail reform, including pre-arraignment and pre-trial release.

E.

The Plan and Feasibility Study shall compare the costs and effectiveness of current mental health treatment inside county jails as compared to the costs and effectiveness of non-custodial, community-based drug treatment.

F.

The Plan and Feasibility Study shall investigate the impact that jail incarceration has upon incarcerated individuals' (1) abilities to address addiction; (2) educational, employment and other opportunities; and (3) family's and community's economic, physical and emotional health; as compared with the costs and effectiveness of non-custodial, community-based drug treatment.

G.

The Plan and Feasibility Study shall identify the following:

The necessary infrastructure, including but not limited to agency homes, funding, training and technical assistance, to implement a comprehensive prevention, harm reduction, youth and community development strategy;

Successful programs and services or models to stop the cycle of crime that exist in Los Angeles County and Southern California, or elsewhere in the state, nation or world;

Systemic, structural and organizational barriers, including bias or discrimination, to implementing the Plan and recommendations concerning how to address and surmount such barriers;

Ways to integrate the current structure and scope of work of affected County departments, including the departments of Health Services, Mental Health, Public Health, Senior and Community Services, Sheriff, the District Attorney, and multiple commissions; and

Specific recommendations to the Board of Supervisors concerning direction to be given to the Chief Administrative Officer, Executive Officer of the Board, and County Counsel to supplement staffing and funding for the Commission to accomplish its purposes.

(Ord. 2024-0046 § 3, 2020.)