Chapter 2.295 — POLICE DEPARTMENT

There is created a functional unit of city government known as the police department, under the general administration of the city manager, which shall be under the direction and control of the police chief.

(Ord. 6229 § 2 (part), 1987)

The department shall:

A.

Preserve the peace and security of the city;

B.

Enforce all laws of the United States, State of California and all ordinances of the city except when the provisions thereof make the enforcement the responsibility of another officer, department or of another state or federal agency or officer;

C.

Operate a city jail and maintain custody, care and control of prisoners;

D.

Perform disaster and mutual aid services in accordance with approved plans and agreements;

E.

Perform such other related duties as shall be required by law, ordinance or the city manager.

(Ord. 6229 § 2 (part), 1987)

The police chief shall have all of the powers that are now or hereafter conferred upon sheriffs by the laws of the state and shall be entitled to the same protection. The police chief shall have authority, subject to the city manager's approval, to adopt rules and regulations for the administration and discipline of officers and employees of the department.

(Ord. 6229 § 2 (part), 1987)

misdemeanors.

A.

This section implements Section 1203.1c of the California Penal Code by establishing the terms and conditions under which convicted misdemean-ants may serve their sentences in the city jail in lieu of incarceration in the Los Angeles County jail system as a term of probation, conditional sentence or otherwise.

B.

The city council ("council") determines as of the date of enactment of the ordinance codified in this section that the average per-day cost of incarceration in the city jail is $75 per day. The city manager is authorized to conduct an annual review of the costs of incarceration in the city jail and to make appropriate adjustments in the charges established herein.

C.

The council designates the chief of police of the city as the officer responsible for the collection of moneys paid by those committed to the city jail under this section.

D.

All sums paid by a defendant pursuant to this section shall be deposited in the general fund of the city.

E.

The city manager is authorized to develop a payment schedule utilizing monthly installment payments for reimbursement of the costs of incarceration established by this section. The payment schedule shall be based upon income and such other factors as may be authorized by the court or by statute.

F.

For those convicted misdemeanants voluntarily electing to serve their sentences in the city jail in lieu of commitment to the county detention system, the chief of police may require the payment of a nonrefundable processing fee not to exceed $30 prior to acceptance of the defendant for commitment. The fees charged to such defendants shall be the average per day cost of incarceration established under this section.

G.

The city manager shall report to the council annually concerning the utilization of this program, the schedule of fees in effect and the rate of installment payments being charged.

H.

No defendant shall be admitted to the city jail under this section without the concurrence of the chief of police or his designee.

(Ord. 6820 § 45 (part), 2000; Ord. 6408 § 1, 1990)

A.

There are established under this section three review boards for the purpose of advising the Police Chief on matters of use of force, risk management and disciplinary review, to be known as the Use of Force Review Board, the Risk Management Review Board and the Disciplinary Review Board, respectively. A new Review Board shall be appointed by the Police Chief for each matter referred by the Police Chief to a review board, in accordance with departmental policy.

The Use of Force Review Board shall review any situation brought before it by the Police Chief in which force was employed by any employee of the Police Department. The Use of Force Review Board shall advise the Police Chief as to whether such use of force was within or outside Police Department policy on the use of force. The identity of any employee appearing before the Review Board and the nature of the incident under consideration shall be kept in strict confidence. No member of any Use of Force Review Board shall disclose to any person the matters or individuals discussed or the advice given by such Review Board, except with the express written permission of the Police Chief or the City Attorney.

The Risk Management Review Board shall review any situation brought before it by the Police Chief involving loss of or damage to City property, private property or accidental injury by members of the Police Department and render an advisory opinion to the Police Chief as to whether the incident was preventable and if so, whether any corrective measures should be undertaken.

The Disciplinary Review Board shall review those incidents brought before it by the Police Chief which may lead to the imposition of disciplinary action, including demotion, suspension or discharge, against employees of the Police Department for violation of standards of conduct imposed by the Department, the City of Pasadena or by state or federal law. After hearing presentations by the department and by the employee or the employee's representative and examining the relevant files, subject to Paragraph 4 of this section, the Board may advise the Police Chief as to whether a standard of conduct or other departmental policy or any statute or ordinance was violated and if so, propose for the Police Chief's consideration an appropriate penalty to be imposed, subject to the rights of appeal or grievance provided by statute, City policy or under any applicable Memorandum of Understanding.

Employees whose conduct is to be reviewed by the Disciplinary Review Board shall be given ten calendar days' written notice of the proceeding thereon. The employee shall have the option to appear or not appear at the proceedings of the Disciplinary Review Board. Should the employee elect not to appear, that employee's name and employee identification number shall be deleted from all documents presented to the Board. The Disciplinary Review Board may make a disciplinary recommendation to the Police Chief regarding the incident under review notwithstanding the employee's failure to appear or to present oral or written evidence or argument. Such recommendation together with the reasons and evidence supporting it may be considered by the Police Chief in any subsequent stages of the disciplinary process.

Any proceeding before the Disciplinary Review Board shall be kept in strict confidence. No member of a Disciplinary Review Board shall disclose to any person other than those listed in Section 2.400.020 of this Code the matters or individuals discussed or the advice given by such Board, except with the express written authorization of the Police Chief or the City

Attorney. Any member of the Disciplinary Review Board who without authorization to do so intentionally discloses the identity of an employee whose conduct is before the Disciplinary Review Board or the recommendation as to the discipline of such employee to any person not listed in Section 2.400.020 shall be guilty of a misdemeanor.

B.

Each review board shall be composed of up to five members of the Pasadena Police Department, including, unless waived, a peer of the employee under review, as designated by the Police Chief. Each review board shall also include up to three persons not employed by the Pasadena Police Department who reside in or are employed in the City of Pasadena, referred to herein as a "citizen member." In no event shall the number of citizen members sitting on a review board exceed the number of Pasadena Police Department personnel sitting upon such review board.

C.

In order to be eligible to serve on a review board, citizen members shall first successfully complete a course of instruction entitled the "Citizens' Police Academy" to be administered by the Pasadena Police Department as prescribed by the Police Chief and police department policy. Entrance into the Citizens' Police Academy shall be by nomination. The Police Chief shall nominate one half of the members of each class of the Citizens' Police Academy and the other half of each class shall be nominated by the city manager. The city council as a body shall recommend nominees to the city manager for his consideration.

D.

Appointments to serve as citizen members of a review board shall be made from among the qualified graduates of the Citizens' Police Academy by the police chief.

A citizen member or any member of the Pasadena police department appointed to serve on a review board may be disqualified from serving on that review board if the officer whose conduct is being examined objects to the participation of the citizen member or police officer on the grounds of prejudice or other demonstrated inability to consider fairly the matter under discussion. No more than two such challenges shall be permitted in any proceeding. Prior to serving on a review board, citizen members shall execute under oath a declaration in a form prescribed by the department that the citizen member has no financial or personal interest in the proceedings before the review board on which that citizen is participating.

Review boards shall render their recommendations by consensus. Where consensus is not reached, no recommendation will be received by the police chief, and the mater may be resubmitted to a review board within a reasonable time thereafter in the discretion of the police chief.

E.

Nominations to the Citizens' Police Academy and appointments as citizen members of review boards shall reflect to the maximum extent possible the diversity of the population of the city of Pasadena. Nominees to the Citizens' Police Academy and citizen members of review board shall be free of any conviction of a felony. Nominees shall also be at least 18 years of age, be employed in or reside in the city of Pasadena, and be free of any misdemeanor conviction for at least one year prior to the date of nomination and must submit to a limited background investigation relating to their fitness to serve on a review board.

F.

Those nominated to the Citizens' Police Academy or appointed as citizen members of a review board shall serve without pay. They shall not be required to file annual statements of economic interest pursuant to the City's Conflict of Interest Code and shall not be considered to be employees of the city of Pasadena. No citizen member shall serve on any review board

considering a matter in which the citizen member has any personal, financial or property interest as defined in the Government Code.

G.

In the event that any legal action is brought against any citizen member of a review board in any proceeding based upon actions taken or statements made while serving in such capacity, the city will indemnify and defend such citizen member from liability in such civil action arising out of his or her authorized service on a review board, provided that the citizen member cooperates reasonably in the defense of such action.

H.

The police chief retains the discretion to accept, reject or modify any advice or opinion rendered to him by a review board.

(Ord. 6591, § 2, 1994)