2.45.

The Commission may propose any additional training it deems necessary for the Inspector General to

perform the functions and duties of the OIG.

C.

The Inspector General shall report to the Commission, and may only be removed according to the City's Civil Service Rules and any applicable memorandum of understanding between the City and a union.

D.

The Inspector General shall be responsible for the day-to-day operations of the OIG, including but not limited to the supervision and direction of all OIG staff.

E.

The Inspector General shall be permitted to attend, as an observer, Executive Force Review Board, Force Review Board, and, to the extent permitted by law, Skelly hearings if he or she chooses to do so. The Inspector General shall not have any decision-making authority regarding the specific cases being heard, and shall maintain the confidentiality of the hearings as required by law. The Inspector General shall not be permitted to attend any Executive Force Review Board, Force Review Board, or Skelly hearing until he or she has completed the training identified in section 2.45.190 C.

(Ord. No. 13498, § 2, 7-10-2018)

The Commission shall advise the OIG of its priorities and the functions and duties the Commission establishes for the Office of Inspector General, which shall include, without limitation:

A.

Preparing an annual report, summarizing the results of the annual reviews of:

The Department's processes and procedures for investigating alleged Misconduct;

The Department's processes and procedures for determining the appropriate level of discipline for sustained findings of misconduct;

The Agency's processes and procedures for investigating alleged Misconduct;

The Agency's processes and procedures for determining the appropriate level of discipline for sustained findings of misconduct;

Trends and patterns regarding Department training and education, and the Department's use of any early warning system(s);

Training and/or policy issues that arise during the investigations of complaints; and

Trends and patterns regarding use of force and Department sworn employee-involved shootings.

This annual report shall be presented to the Commission, the Mayor, the City Council's Public Safety Committee, the City Council and to the Chief and shall include, where appropriate, recommendations for changes in the processes and procedures that were reviewed.

B.

Monitoring and evaluating, on at least an annual basis, the number and percentage of sworn officers who have received in-service training on profiling and implicit bias, procedural justice, de-escalation, diplomacy, situational problem-solving, and work-related stress management, and make recommendations, as appropriate, to the Commission regarding changes to the Department's training programs.

C.

Developing and presenting a plan to the Commission to measure the performance of each element of the Department's discipline process for sworn Department employees.

D.

Completing all audits or reviews requested by the Mayor, the City Administrator, and/or the City Council by an affirmative majority vote. The Inspector General shall report all findings to the office that requested the audit or review.

E.

Monitoring, evaluating, and making recommendations regarding the Department's recruitment and hiring practices for sworn personnel.

F.

Monitoring, evaluating, and making recommendations regarding the Department's policies and procedures as requested by the Commission in furtherance of its duties under City Charter section 604(b)(4), (5) and (6).

G.

Monitoring, evaluating, and making recommendations regarding the Department's risk management practices.

H.

Any reports, plans, audits, reviews and recommendations generated by the OIG shall not disclose information in violation of state and local law regarding the confidentiality of personnel records, including but not limited to California Penal Code section 832.7.

(Ord. No. 13498, § 2, 7-10-2018)

A separate Discipline Committee will be established for each Department sworn employee discipline or termination case. The Chairperson of the Commission shall appoint three (3) Commission members to serve on a Discipline Committee, and shall designate one (1) of these three (3) Commission members as the Chairperson. The Discipline Committees shall decide any dispute between the Agency and the Chief regarding the proposed or final findings or proposed or final level of discipline to be imposed on a subject officer.

A.

No Discipline Committee established by the Commission shall decide any dispute between the Chief and the Agency, as directed by section 604(g) of the City Charter, until each member of the Discipline Committee has completed: (1) orientation regarding Department operations, policies and procedures, including but not limited to discipline procedures for Misconduct, and (2) the training described in section

B.

Membership in the Discipline Committees shall rotate for each Department sworn employee discipline or termination case, as determined by the Chairperson of the Commission.

(Ord. No. 13498, § 2, 7-10-2018)

In accordance with section 604(g)(4) of the City Charter, all Department sworn employees shall be afforded their due process and statutory rights, including Skelly rights, as follows:

A.

With respect to misconduct that is given a Class I designation pursuant to the Department's Discipline Policy, the Chief and the Agency Director shall include probative videotape and/or audiotape from their respective investigations in their submissions to the Discipline Committee pursuant to City Charter section 604(g)(2). The Discipline Committee shall have the authority to require the Chief and the Agency Director to provide any additional videotape, audiotape, and/or documents (including without limitation any existing transcripts of subject officer or witness interviews) from the Agency's and the Department's investigation files that it deems relevant to its deliberations, and shall also have the authority to require the Chief and the Agency Director, or their non-attorney designees, to appear before the Discipline Committee to present their findings and recommendations and to answer questions.

B.

The record submitted to the Discipline Committee by the Chief regarding any misconduct shall include the subject officer's history of discipline for the previous five (5) years. All documents submitted to the Discipline Committee by either the Agency Director or the Chief shall not include any redactions unless such redactions are required by law.

C.

After the investigation of a complaint has been completed and a decision has been made regarding the proposed findings and the proposed level of discipline (hereinafter referred to as the "proposed discipline"), either by agreement between the Chief and the Agency or by decision of the Discipline Committee, the Chief shall send a notice of intent to impose discipline or a notice of intent to terminate to the subject officer. Consistent with City policy and applicable law, the Department shall offer the subject officer a Skelly hearing to be conducted by an assigned Skelly officer. After completion of the Skelly hearing, the Skelly officer shall issue his or her report which shall include his or her recommendation regarding whether the proposed discipline should be affirmed or modified in any way.

D.

The Skelly report shall be submitted to the Chief and to the Agency Director if the Chief and the Agency Director agreed on the Proposed Discipline. The Chief and the Agency Director shall consider the Skelly report and consult with each other regarding the final set of findings and level of discipline to be imposed (hereinafter referred to as "final discipline").

If the Chief and the Agency Director agree on the final discipline, the Chief shall send a notice of discipline or notice of termination to the subject officer.

If the Chief and the Agency Director do not agree on the final discipline, the Skelly report shall be submitted to the Discipline Committee which shall decide the final discipline based solely on the record reviewed and considered by the Skelly Officer (which shall include the notice of intent to discipline or terminate with all attachments). The Discipline Committee shall also have the authority to require the Chief and the Agency Director, or their non-attorney designees, to appear before the Discipline Committee to present their recommendations and to answer questions. After determining the final discipline, the Discipline Committee shall direct the Chief to send a notice of discipline or notice of termination to the subject officer.

E.

The Skelly report shall be submitted to the Discipline Committee if the Discipline Committee decided the proposed discipline. The Skelly report shall also be submitted to the Chief and the Agency Director. The Discipline Committee shall consider the Skelly report in deciding the final discipline. After such determination, the Discipline Committee shall direct the Chief to send a notice of discipline or notice of termination to the subject officer.

F.

After the final discipline has been determined by either the agreement of the Agency Director and the Chief, or by the Discipline Committee, and to the greatest extent permitted by law, the complainant(s) shall be informed of the disposition of the complaint.

G.

The Discipline Committee shall maintain the confidentiality of all personnel and/or privileged information as required by State and local law. After the Discipline Committee has concluded its deliberations regarding the Proposed Discipline and/or the final discipline, it shall return all records and information it received (if not received electronically) to the party from which it received such records and information. Members of the Discipline Committee shall not retain copies of the records they receive from the Chief and the Agency, nor shall they publicly comment about, or discuss any personnel matter with anyone, including another member of the Discipline Committee, outside of Discipline Committee meetings, except as required by a valid subpoena. This subsection G. shall not preclude any member of a Discipline Committee from participating in any grievance procedure, including without limitation testifying in an appeal before the Civil Service Board or an arbitration or other type of administrative hearing.

H.

The subject officer may appeal the imposition of discipline or termination to the Civil Service Board. In addition, the subject officer may grieve the imposition of discipline or termination as prescribed in a collective bargaining agreement.

(Ord. No. 13498, § 2, 7-10-2018)

The Commission must obtain City Council approval prior to the creation of any standing committee. A proposal to create a standing committee of the Commission must include information regarding the costs associated with staffing the standing committee, if any, and the costs of complying with noticing and reporting requirements resulting from its establishment. City Council approval shall not be required for creating temporary or ad hoc committees.

(Ord. No. 13498, § 2, 7-10-2018)

The Commission may authorize one of its members to issue statements to the public regarding the Commission's official business, to the extent such business is not confidential or privileged under State or local law, only after the statement has been approved by an affirmative vote of not less than four (4) votes in a public meeting. Commissioners may publicly discuss their roles as Commissioners and the Commission's public and official business for the purpose of educating the community provided they adhere to the notice requirements of the Brown Act and Oakland's Sunshine Ordinance.

(Ord. No. 13498, § 2, 7-10-2018)

At its first regular meeting, the members shall elect a Chairperson and a Vice-Chairperson. Beginning February 1, 2019, the members shall elect a Chairperson and a Vice-Chairperson at the first regular meeting of each year.

(Ord. No. 13498, § 2, 7-10-2018)

A.

Within two hundred and forty (240) days of the City Council's confirmation of the first group of Commissioners and alternates and on an ongoing basis as appropriate, the Commission shall provide the City Administrator with its proposal for the staff positions necessary to permit the Commission and the Agency to fulfill its functions and duties as set forth in this Chapter 2.45, Chapter 2.46, and as set forth in section 604 of the City Charter.

B.

Pursuant to City Charter section 604(e)(5) and, to the extent practicable, within one (1) week of the City Council's confirmation of the first group of Commissioners and alternates, the City Administrator shall assign an administrative staff person under her/his jurisdiction to provide administrative support to the Commission and to act as liaison between the Commission and the City Administrator's office.

C.

At a minimum, the City Council shall allocate the equivalent of an additional one-half (½) of a full-time administrative position (0.5 FTE) to the City budget for the purpose of providing adequate administrative support for the Commission.

D.

The full-time equivalent non-City Attorney legal advisor position assigned by the City Attorney after consultation with the Chair shall be divided into two (2) part time positions: a one-half (½) or two-thirds (⅔) time position with specific responsibilities for providing legal services to the Agency related to investigations and discipline, and a one-half (½) or one-third (⅓) time position as legal advisor to the Commission. The legal advisor to the Agency and the legal advisor to the Commission shall report to the Commission. Neither the legal advisor to the Agency nor the legal advisor to the Commission shall report to or be supervised by the City Attorney or any Deputy City Attorney. Pursuant to City Charter Section 401(6), the City Attorney shall act as counsel to the Agency and the Commission in any litigation brought against either in their official capacity and shall provide legal advice only upon request of the Commission.

(Ord. No. 13498, § 2, 7-10-2018)

Within six (6) months of appointment, or as soon thereafter as possible and with the exception of the first group of Commissioners and alternates, each Commissioner and alternate shall:

A.

Become familiar with City Charter section 604 and with Chapters 2.45 and 2.46 of the Oakland Municipal Code.

B.

Receive training in basic principles of constitutional due process and administrative hearing procedures;

C.

Receive training in the legal requirements for maintaining the confidentiality of personnel records and other confidential documents or information;

D.

Receive briefing on the negotiated settlement agreement in the case of Delphine Allen, et al. v. City of Oakland, and all related court orders for so long as they remain in effect;

E.

Receive information regarding constitutional civil rights guaranteed to all citizens as such rights are affected by law enforcement;

F.

Receive training in the legal requirements of California's Political Reform Act (Cal. Gov't Code section 81000, et seq.), Oakland's Conflict of Interest Code (Oakland Municipal Code Chapter 3.16), California's Brown Act (Cal. Gov't Code section 54950, et seq.), Oakland's Sunshine Ordinance (Oakland Municipal Code Chapter 2.20), and California's Public Records Act (Cal. Gov't Code section 6250, et seq.);

G.

Receive training in open session in the legal requirements of California's Meyers Milias Brown Act (Cal. Gov't Code section 3500, et seq.) (MMBA), the Public Employment Relations Board's administration of the MMBA, the City's Memoranda of Understanding with the Oakland Police Officers' Association and other represented City employees, the City's Civil Service Board, and other relevant City personnel policies and procedures; and

H.

Receive training in open session in the legal requirements of California's Public Safety Officers Procedural Bill of Rights Act (Cal. Gov't Code section 3300, et seq.), and other California Code sections pertaining to peace officers' rights.

The first group of Commissioners and alternates shall comply with the requirements of subsections A. through H. within twelve (12) months of their appointment.

In addition, within twelve (12) months of appointment, or as soon thereafter as possible and with the exception of the first group of Commissioners and alternates, each Commissioner and alternate shall:

I. Receive the training and orientation specified by section 604(c)(9) of the City Charter;

J.

Participate in a Department "ride-along" and attend a police academy curriculum designed for them by the Chief after consultation with the Commission. The curriculum shall be designed so that criminal background checks will not be required for attendance;

K.

Complete the Department's implicit bias training, and crisis intervention training;

L.

Complete Peace Officer Standards and Training (POST) Learning Domains 15 (Laws of Arrest) and 16 (Search and Seizure); and

M.

Receive training regarding racial equity.

The first group of Commissioners and alternates shall comply with the requirements of subsections I. through M. within eighteen (18) months of their appointment.

The City Administrator shall assist the Commission in scheduling and facilitating all training and orientation required by this Section and by section 604 of the City Charter. Within the Commission's budget there shall be a line item for attendance at conferences offered by organizations such as the National Association for Civilian Oversight of Law Enforcement ("NACOLE").

N.

Receive training on the City's public contracting requirements, policies and procedures for the purchase of professional, technical, and/or scientific services before the Commissioner casts a vote on any such contract, notwithstanding the six-month time frame provided for training in this Section 2.45.190 and in accord with Section 2.45.070, which provides that Commissioners must receive training on public contracting before the Commissioner votes on such contracts and that failure to do so constitutes gross misconduct in office and grounds for removal.

(Ord. No. 13555, § 1, 7-16-2019; Ord. No. 13498, § 2, 7-10-2018)

It shall be the sole and exclusive responsibility of the Commission to determine the order and conduct of any public hearing, consistent with applicable law.

(Ord. No. 13498, § 2, 7-10-2018)

If either the Commissioner or the Inspector General does not receive the files and records requested pursuant to section 604 of the City Charter or pursuant to this Chapter 2.45 within fifteen (15) business days of its request, the Public Ethics Commission shall have the authority to investigate allegations that the

head of the offending City department or agency failed to provide the requested files or records as required by section 604 of the City Charter or this Chapter 2.45. Such requirements shall be subject to enforcement by the City in the same manner as violations of Chapter 2.25 of the Oakland Municipal Code.

(Ord. No. 13498, § 2, 7-10-2018)

The Commission shall submit its first annual, written report to the Mayor, City Council and the public within eighteen (18) months of the City Council's confirmation of the first group of Commissioners and alternates. The Commission's subsequent reports shall be submitted annually on or near the anniversary of that date.

(Ord. No. 13498, § 2, 7-10-2018)