Pomona Municipal Code Art. VIII Appointive Boards and Commissions

(a) The appointive boards and commissions enumerated in this Charter shall have the powers and duties stated herein, and such additional powers and duties, consistent with the provisions of this Charter, as may be granted to them by ordinance of the City Council. In addition, the Council, by ordinance, may create such additional appointive boards and commissions as in its judgment are required; may abolish or change the same, may provide for the number, qualifications, manner of appointment, terms of office if any, compensation if any, and removal of the members thereof, and may grant to such boards and commissions such powers and duties as are consistent with the provisions of this Charter. The City Council shall provide for adequate funding, staffing, training, and resources for each board and commission to perform the duties specified in the charter and implementing ordinances.

(b) Unless otherwise specified in this Charter or by ordinance, appointive boards and commissions shall have the same number of members as there are members of the Council and shall be appointed one-to-one by the Mayor and each Councilmember within sixty (60) days of their assuming elective office, The initial term of board members and commissioners shall generally be for four (4) years. Board members and commissioners may continue to serve until their successors are appointed or until removed by a majority vote of the Council. Each board or commission shall request replacement of a member when a majority of the members determine that such replacement is necessary for the proper functioning of the board or commission.

(c) Any vacancy on a board or commission shall be filled by the appointing authority as specified in this Charter or applicable ordinance within sixty (60) days of the vacancy to serve out the unexpired portion of the term being filled. Except as otherwise provided by this Charter, if no appointment is made within sixty (60) days of the vacancy, the Mayor shall have thirty (30) days to appoint a member to the vacant seat. If a board or commission vacancy remains unfilled for ninety (90) days, the Council shall fill the vacancy by majority vote of its membership. Any member of the Council, and the applicable board or commission on a majority vote, may recommend qualified members for Council consideration.

City officials, when recommending or nominating persons to serve on boards and commissions, shall seek outstanding individuals whose commitment and talents will contribute to the purposes and functions of the body and who reflect the geographic and demographic diversity of the city. Each member of a board or commission shall be a resident of the City and no voting member of any board or commission shall hold any other office or position in the City government for which compensation is paid.

Each board or commission shall hold regular meetings as required by this Charter or by ordinance and such special meetings as such board or commission may require. All proceedings of the board or commission shall be open to the public, except as provided by State law. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each board and commission, who shall keep an adequate record of its proceedings. Each board and commission may prescribe its own rules and regulations which shall be consistent with this Charter and applicable City ordinances. Copies of each board's or commission's rules and regulations shall be kept on file in the Office of the City Clerk and available for public inspection. Each board or commission may request from the City Council the power to compel the attendance of witnesses, to compel the production of evidence before it and to administer oaths and affirmations. The City Council, by resolution, shall have sole discretion to provide such power to boards and commissions, except as otherwise provided herein.

(a) For any regular meeting of a City board or commission subject to the requirements of the Ralph M. Brown Act (Calif. Government Code §§54950 et seq.), the City shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, not later than six (6) calendar days before the regular meeting.

(b) For any special meeting of a City board or commission subject to the requirements of the Ralph M. Brown Act (Calif. Government Code §§54950 et seq.), the City shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, not later than seventy two (72) hours before the special meeting.

(c) An agenda and notice of an emergency or dire emergency meeting of a City board or commission shall be posted and given as provided in the Ralph M. Brown Act (Calif. Government Code §§54950 et seq.)

(d) A City board or commission may take action on items of business not appearing on the posted agenda under any of the exceptions provided in the Ralph M. Brown Act (Calif. Government Code §§54950 et seq.)

(e) Except as otherwise provided herein, the City shall comply with the requirements of the Ralph M. Brown Act (Calif. Government Code §§54950 et seq.) for City board and commission meetings subject to the Act.

The Council shall by ordinance create a Planning Commission and any other necessary boards or commissions, with appropriate guidelines incorporating applicable provisions of this Charter.

(a) There hereby is established the Pomona Police Oversight Commission (hereinafter, Commission), which is established to increase the accountability and public confidence in the Pomona Police Department and the police complaint process and provide a forum for community conversations about the operation and review of law enforcement activities.

(b) The Commission shall have the following functions and duties:

1. Advise the Mayor, City Council, City Manager and/or Police Chief on all police and law enforcement community relations issues.

2. Conduct public outreach to educate the community on the purpose of the Commission and to hear from the community with respect to policing.

3. Review information and statistics regarding police complaints, policies and practices and advise the Pomona Police Department in matters pertaining to police policies and practices.

4. Receive community complaints and concerns and refer them to the City Manager, Police Department, and/or an independent auditor, investigator, or inspector general for review and response.

5. Authorize the use of an independent auditor, investigator, or inspector general, review and/or investigate incidents arising out of or in connection with the actions of sworn personnel of the Pomona Police Department, including the death of any individual arising from the use of force or actions of sworn police personnel, complaints of use of force against a minor and other incidents involving sworn personnel of the Pomona Police Department as determined by a majority of the Commission's membership.

6. Discuss results of reviews and investigations and share such results in public meetings to the extent legally permissible under State and Federal law.

7. Following a review and/or investigation, make findings and recommendations to the City Manager and Police Chief related to allegations of misconduct.

8. Submit findings and recommendations to the Police Chief and City Manager who shall consider them when making disciplinary determinations, provided that the Commission makes such findings and recommendations and submits them to the Police Chief and City Manager prior to disciplinary action being taken.

9. Prepare and submit an annual report to the City Council on Commission activities and recommendations.

10. Perform other duties and exercise other powers as may be prescribed by this Charter or by Ordinance or Resolution of the City Council as more particularly set forth in subsection (f).

(c) Notwithstanding Section 801 of this Charter, the Commission shall be comprised of five members appointed by a majority vote of the City Council. Each Commissioner shall serve four years and may be reappointed by a majority vote of the City Council except that the initial terms for two of the members, as determined by the City Council, shall be two years to ensure continuity. Mid-term vacancies shall be filled by a majority vote of the City Council. The Commission shall be made up exclusively of Pomona residents who have the ability to be fair and impartial, reflect the diversity of the community and possess other additional qualifications as determined by the City Council. The City Council shall promptly remove a Commissioner for violations of confidentiality, refusal to complete any required training or other violations as determined by the City Council. No person who currently serves or has served as police personnel may serve on the Commission within five (5) years of the day of their last date of employment.

(d) City Departments shall cooperate, provide relevant documents, and render all necessary and reasonable assistance to the Commission in support of the duties specified herein. The Commission may issue subpoenas to require the attendance of witnesses, including persons employed by the City of Pomona, and the production of documents and records pertinent to the investigation and to administer oaths to such witnesses and to take testimony to the extent permissible by law.

(e) The City Council shall provide funding, staffing, training, and resources to ensure the Commission can successfully perform its duties and exercise its powers. Any independent auditor, investigator or inspector general retained or hired to assist the Commission shall be selected by the City Council or City Manager, subject to approval of the Commission, by a majority vote of the membership of the Commission.

(f) The Commission may make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of this section. The City Council may, on its own motion, enact legislation or regulations that will further the goals and purposes of this section, but shall not adopt such legislation or regulations that reduce the duties or powers of the Commission or which otherwise conflict with this section. Legislation or regulations proposed by the Council shall be submitted to the Commission for review and comment. The Commission shall have sixty (60) days to submit its comments to the City Council, such time to be extended only by consent of the City Council. The City Council shall consider the Commission comments prior to enacting any legislation or regulations.

The Pomona City Council shall, by ordinance, establish an Ethics Commission which shall be responsible for:

(a) Monitoring and advising on applicable governmental ethics laws as set forth in State law, this Charter or City ordinance, regulation or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies.

(b) Education and responding to issues regarding the aforementioned laws, regulations, and policies; and

(c) Impartial and effective administration and implementation of programs to accomplish the goals and purposes of the Commission as defined by this Section."