Pomona Municipal Code § 2-661 Subpoenas

There is hereby established the police oversight commission (hereinafter referred to as the "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.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

(a) Notwithstanding Section 801 of this Charter, the commission shall be comprised of five members appointed by a majority vote of the city council.

(b) 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.

(c) 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.

(d) The city clerk shall prepare application forms requiring applicants to provide information demonstrating that they meet qualification requirements set forth in Division 6.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

(a) All members of the commission shall reside in the City of Pomona.

(b) Elected or appointed officers and employees serving the city shall not be eligible for appointment to the commission.

(c) Any person who is currently an employee of the Pomona Police Department shall not be eligible for appointment to the commission.

(d) Any person who was an employee of the Pomona Police Department shall not be eligible for appointment to the commission for at least five years following their separation date from the city.

(e) Any person who was employed as a law enforcement officer for any local, county, state or federal agency shall not be eligible for appointment to the commission for at least five years following the date that they last served in that role.

(f) Any person who has been charged and disciplined for official misconduct as defined in SB1421 in their position of employment as a law enforcement officer shall not be eligible for appointment to the commission.

(g) Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the Pomona Police Department shall not be eligible to serve on the commission.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

Each commissioner shall serve a term of 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.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

The police oversight commission shall have the following functions and duties, among others as requested by the city council, which are not otherwise inconsistent with section 806 of the Pomona Charter:

(a) Advise the mayor, city council, city manager, and/or police chief on all police and law enforcement community relations issues.

(b) Conduct public outreach to educate the community on the purpose of the commission and to hear from the community with respect to policing.

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

(d) Receive notification from the police chief when a use of force complaint involving a sworn member of the police department is received or initiated. Complaints resulting in a criminal investigation may delay a report from the police chief as administrative investigations are conducted at the conclusion of criminal investigations.

(e) Authorize the use of an independent auditor, investigator, or inspector general to review and/ or investigate incidents arising out of or in connection with the actions of sworn personnel of the Pomona Police Department, including i) the death of any individual arising from the use of force or actions of sworn police personnel, ii) complaints of use of force against a minor, and iii) other incidents involving sworn personnel of the Pomona Police Department as determined by a majority of the commission' s membership. With respect to such reviews and investigations, the commission shall:

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

2. Following a review and/ or investigation, make findings and recommendations to the city manager and police chief related to allegations of misconduct 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.

(f) Request reports from the police chief and conduct meetings on new incidents which meet the public disclosure requirements set forth in SB1421. SB 1421 gives the public the right to access records related to investigation and discipline of peace officers where a law enforcement officer fired a gun at a person, or used force that resulted in serious injury or death; where an officer committed sexual assault against a member of the public, including attempts to coerce sex or proposition sex while on duty and where an officer engaged in dishonesty in the investigation, reporting, or prosecution of crime or police misconduct.

(g) Investigate, through the inspector general or a third-party investigator, any new incident which the commission finds; (1) has created a controversy in the community and (2) is the type of incident requiring public disclosure under SB1421.

(h) 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.

(i) Prepare and submit an annual report to the city council on commission activities and recommendations.

(j) 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 section 2-659.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

(a) Prior to attending his or her first commission meeting, each commissioner shall take an oath and execute a confidentiality agreement stating that they will not divulge confidential information, including identities of witnesses and contents of confidential testimony and documents, either during their term of office or thereafter to ensure that private personnel information and other information subject to state law protections is not released or shared.

(b) Each commissioner shall sign an acknowledgment that they have never been disciplined for employee misconduct.

(c) No later than 90 days after appointment, each member shall:

(1) Participate in a ride-along with the Pomona Police Department; and

(2) Receive training in relevant subject matters facilitated by inspector general, by attending training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code section 3300 et seq. and Penal Code sections 832.7 and 832.8), police department operations, policies, practices, and procedures, and duties, responsibilities, procedures, and requirements associated with all ranks and assignments.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

(a) Any independent auditor, investigator or inspector general retained or hired to assist the commission shall be selected by the city council or, by majority vote of the city council, delegated to the city manager, subject to approval of the commission, by a majority vote of the membership of the commission.

(b) Inspector general.

(1) The inspector general may be an individual or firm that designates an individual to serve in this role. The inspector general shall have at least five years of experience in investigative, auditing, and public policy work in a related field that includes experience with statistics and data collection in a public sector entity. Experience and background in law enforcement policy and practice is desirable.

(2) The inspector general may assist the commission in performing its duties. The commission may authorize the inspector general to audit complaint files and review policies to ensure best practices are implemented. The commission may engage the inspector general to make recommendations or conduct independent investigations as provided in section 2-655(e) and (g) above.

(3) The inspector general shall conduct all audits and investigations in a fair, objective, impartial and ethical manner, and shall comply with all laws concerning interviews of police officers. The inspector general may discuss findings with the commission and/or the public so long as the inspector general complies with California Penal Code sections 832.5 and 832.7 and California Government Code sections 3300, et seq.

(4) The inspector general may meet with the commission in closed session as authorized by the Brown Act and under circumstances requiring closed session discussions.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

The commission shall hold its first meeting within 30 days after all of its members have been appointed. At such meeting, the commission shall fix the time and place of regularly scheduled meetings which shall not be less than once each month. The police chief or a person designated by the city manager shall attend all regular and special meetings of the commission.

(Ord. No. 4303, § 3, 5-17-2021; Ord. No. 4333, § 3, 8-7-2023)

The commission may make recommendations to the city council for enacting legislation or regulations that will further the goals and purposes of Pomona Charter section 806. The city council may, on its own motion, enact legislation or regulations that will further the goals and purposes of section 806, but shall not adopt such legislation or regulations that reduce the duties or powers of the commission or which otherwise conflict with said Charter section. Legislation or regulations proposed by the council shall be submitted to the commission, once established, for review and comment. The commission shall have 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, provided, however, that the city council may enact legislation as necessary to implement charter section 806, including the provisions relating to the selection of the commission, prior to such time that commission members are selected and sworn into office.

(Ord. No. 4333, § 3, 8-7-2023)

(a) The city council shall provide funding, staffing, training, and resources to ensure the commission can successfully perform its duties and exercise its powers.

(b) City departments shall cooperate, provide relevant documents, and render all necessary and reasonable assistance to the commission in support of the duties specified herein.

(Ord. No. 4333, § 3, 8-7-2023)

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. Failure to comply with such subpoena shall be punishable as a misdemeanor.

(Ord. No. 4333, § 3, 8-7-2023)