Richmond Municipal Code Ch. 3.54 Community Police Review Commission

There is hereby created the Community Police Review Commission (hereinafter referred to as the "Commission"). The purpose of this Commission is to promote positive relations between the community and the police department and to advise the City Council, City Manager and Chief of Police on all matters pertaining to the administration of the Richmond Police Department.

(Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

The Commission shall consist of nine members who shall not be officers or employees of the City of Richmond and who shall be appointed by the Mayor. The Mayor shall endeavor to appoint individuals representing diverse social, economic and political interests and shall confer with the City Council concerning all appointments. All of the members of the Commission shall be residents of the City. All vacancies on the Commission shall be filled by appointment by the Mayor for the unexpired term of the appointee's predecessor.

(Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

Members of the Commission shall serve without compensation, provided that the City Council may authorize the reimbursement of reasonable expenses incurred by the members in the performance of their duties.

(Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

The term of each member of the Commission shall be for three years; provided, however, that of the members first appointed after the effective date of this section, three shall be appointed to serve for one year, three shall be appointed to serve for two years, and three shall be appointed to serve for three years as determined by lot by such members at the first regularly scheduled meeting following the adoption of this chapter. No member shall serve for more than three consecutive full terms.

(Amended by Ordinance No. 22-85 N.S.; Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

The absence of any member of the Commission from more than three regularly scheduled meetings of the Commission within any twelve-consecutive-month period shall constitute an automatic resignation from the Commission. Such a resignation shall not, however, disqualify an individual from subsequently being appointed to the same, or any other city committee, board or commission. In the event of any such resignation, the vacancy shall be filled by appointment for the unexpired portion of the term of the appointee's predecessor in the manner prescribed in Section 3.54.020.

(Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

The Commission shall elect from among its members a chairperson and a vice chairperson who shall serve in such capacities for one year, or until the successors are duly elected. In case of a vacancy in either of these positions, the Commission shall elect a successor who shall serve the unexpired balance of the predecessor's term. The City Manager shall designate a staff liaison to the Commission who will provide administrative support including, but not limited to, recording and publishing minutes for Commission meetings.

(Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

(a) The City Council shall appoint an Investigative Officer who shall serve as the Community Police Review Commission Investigative Officer (hereinafter referred to as "Investigative Officer"). The Investigative Officer assists the Commission in performing its duties. The Investigative Officer shall, in accordance with this chapter, conduct investigations of complaints from members of the public alleging: the use of unreasonable force, discrimination, sexual harassment, and/or sexual assault by on-duty Richmond Police Officer(s). The Investigative Officer shall also conduct investigations of all incidents involving the discharge of a firearm at a person by a Richmond Police Officer, and/or when death or serious bodily injury results from direct police action, as set forth below. The Investigative Officer shall periodically review "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or serious bodily injury has been caused by direct police action. The amendments to this section are meant to be applied prospectively. No investigations shall be commenced on any incidents that occurred prior to the effective date of this amended ordinance. The Investigative Officer shall conduct all such investigations in a fair, objective, impartial and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Sections 3300, et seq.) in interviewing police officers. The Investigative Officer shall prepare a written report of each investigation that will constitute the public record. Said report shall comply with the provisions of Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1046. After review by the Commission the public record of the investigation shall be posted on the public website for the Community Police Review Commission within thirty days.

(1) "Serious bodily injury" is defined as requiring immediate hospitalization for a minimum period of seventy-two consecutive hours.

(2) "Discrimination" is defined as differential treatment on the basis of race, religious creed, color, national origin, ancestry, physical disability, medical condition, mental disability, marital status, sex (including pregnancy, childbirth and related medical conditions), sexual orientation, gender identity, age, veteran status, or any other characteristic protected by federal, state or local laws.

(3) "Sexual harassment" is defined as harassment of a sexual nature and includes, but is not limited to: unwelcome conduct of a sexual nature, including sexual advances or flirtation; touching of a sexual nature; derogatory comments based on gender or gender identity; and verbal abuse of a sexual nature including sexual jokes, questions or commentary.

(4) "Sexual assault" is defined as the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault. As used in this subparagraph, "member of the public" means any person not employed by the Richmond Police Department and includes any participant in a cadet, explorer, or other youth program affiliated with the Richmond Police Department.

(b) Disclosure of investigations conducted by the Investigative Officer shall comply with California Penal Code Sections 832.5 and 832.7 and California Evidence Code Sections 1043 and 1046, as amended from time to time.

(Amended by Ordinance Nos. 11-85 N.S., 25-93 N.S. and 13-98 N.S.; Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

To effectuate its purpose, the Commission shall:

(a) Review and evaluate the policies, practices and procedures contained in the Richmond Police Department Manual and develop programs and strategies to promote positive police community relations and make appropriate recommendations to the Chief of Police. Within thirty days after receiving such recommendations the Chief of Police shall submit a response to the Commission. If the Commission is dissatisfied with the Chief of Police's response, the Commission may submit its recommendations to the City Manager. Within thirty days after receiving such recommendations, the City Manager shall forward a response to the Commission. If the Commission is dissatisfied with the City Manager's response, the Commission may submit its recommendations directly to the City Council for appropriate action.

The Chief of Police and the City Manager may extend for an additional thirty days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension.

(b) Receive, investigate and hear complaints against Richmond Police Officers alleging the use of unreasonable force, discrimination, sexual harassment and/or sexual assault, as well as receive reports from the Investigative Officer on all incidents of "death or serious bodily injury", and/or all incidents of a discharge of a firearm at a person by a Richmond Police Officer. After an investigation is complete, the Commission shall submit recommendations to the City Manager and Chief of Police in accordance with the following guidelines:

(1) All complaints filed with the Commission must be in writing on forms supplied by the Commission and shall be signed by the complainant.

(2) A copy of each complaint filed with the Commission shall immediately be forwarded to the members of the Commission, the Investigative Officer and the Chief of Police.

(3) No complaint shall be accepted, investigated, or heard if it is not filed with the Commission within one hundred twenty days of the alleged misconduct by the Richmond Police Officer unless the complainant establishes to the Commission's satisfaction that the failure to file the complaint within the required time limit was due to mistake or excusable neglect.

(4) The Investigative Officer shall investigate timely complaints as soon as possible. At the conclusion of the investigation, the Investigative Officer shall submit findings and recommendations, either orally or in writing, to the Commission.

(5) Upon receipt of the Investigative Officer's report, the Commission may:

(a) Direct the Investigative Officer to investigate the complaint further;

(b) Forward the Commission's findings and recommendations concerning the complaint to the Chief of Police based upon the Investigative Officer's report; or

(c) Conduct a hearing on the complaint.

(6) Complaints filed with the Commission and the investigations and investigative reports of the Investigative Officer and the Police Commission shall comply with California Penal Code Sections 832.5 and 832.7 and California Evidence Code Sections 1043 and 1046, as amended from time to time.

(7) All hearings concerning police officer misconduct shall be held in closed session. At least ten days' advance written notice of the date of the hearing shall be given to the complainant and the police officer involved.

(8) To the extent permissible by the Richmond City Charter or any other laws, the Commission shall have the authority to subpoena witnesses to testify at the hearing concerning the complaint.

(9) The complainant, police officers and all other witnesses shall be questioned by the Commission only, without cross-examination by police officers, citizen witnesses, the complainant, or their respective counsel.

(10) Within thirty days after the conclusion of the hearing, the Commission shall submit written findings and recommendations to the Police Chief.

(11) Within thirty days after the submission of the Commission's findings and recommendations to the Police Chief, the Commission shall notify the complainant of the disposition (sustained, not sustained, exonerated, or unfounded) of the complaint.

(12) The Commission shall not sustain any complaint unless the complainant establishes by clear and convincing evidence the allegations of the complaint. "Clear and convincing" evidence is more than a preponderance of the evidence, but less than the "beyond a reasonable doubt" standard.

(13) If the Commission sustains a complaint, and if the Chief of Police agrees with the findings and recommendations of the Commission, the Chief of Police shall take appropriate action on the complaint consistent with the Commission's report and so inform the Commission. Within thirty days after receiving such findings and recommendations, the Chief of Police shall submit a written response to the Commission. Within thirty days after receiving such findings and recommendations, the Chief of Police shall also notify the complainant of the disposition (sustained, not sustained, exonerated, or unfounded) of the complaint.

(14) If the Commission sustains a complaint, and if the Chief of Police disagrees with the Commission's findings and recommendations, the Chief of Police shall submit the Commission's determinations concerning the complaint and any other pertinent information to the City Manager within 30 days after receiving the Commission's findings and recommendations.

(15) The City Manager shall review the findings and recommendations of the Commission along with the other information submitted by the Chief of Police. After said review, the City Manager shall prepare written conclusions concerning the documentation presented. The City Manager's written conclusions regarding the complaint shall be transmitted to the Commission, the Chief of Police, and the involved police officer within 30 days after receiving the information from the Chief of Police. The City Manager shall also notify the complainant of the disposition (sustained, not sustained, exonerated or unfounded) of the complaint within 30 days after receiving the information from the Chief of Police.

(16) The Chief of Police and the City Manager may extend for an additional 30 days the time periods in which they are required to submit their responses to the Commission (or their notification to the complainant) by giving the Commission written notice of such extension.

(17) All recommendations concerning proposed discipline of police officers made by the Commission or the Investigative Officer shall be kept confidential until after the City's disciplinary administrative process has been concluded.

(c) Review appeals from the disposition by the Richmond Police Department of complaints against Richmond Police Officers not involving allegations of the use of unreasonable force or racially abusive behavior and submit recommendations to the City Manager and Chief of Police in accordance with the following guidelines:

(1) All appeals filed with the Commission shall be in writing signed by the appellant, shall state the specific grounds of the appeal, and must be filed with the Commission within ten days of the date contained on the letter from the Chief of Police notifying the complainant of the disposition of the complaint.

(2) A copy of each appeal filed with the Commission shall immediately be forwarded to the Chief of Police.

(3) The Investigative Officer shall investigate timely appeals and transmit findings and recommendations, either orally or in writing, to the Commission.

(4) Upon receipt of the Investigative Officer's report, the Commission may either direct the Investigative Officer to investigate further or forward its findings and recommendations to the Chief of Police based solely upon the Investigative Officer's report.

(5) Appeals filed with the Commission and the investigations and investigative reports of the Investigative Officer and the Commission shall comply with California Penal Code Sections 832.5 and 832.7 and California Evidence Code Sections 1043 and 1046, as amended from time to time.

(6) Within thirty days after the submission of the Commission's findings and recommendations to the Chief of Police, the Commission shall notify the complainant of the disposition (sustained, not sustained, exonerated, or unfounded) of the complaint.

(7) The Commission shall not sustain any appeal unless the appellant establishes by clear and convincing evidence the allegations of the appeal. "Clear and convincing" evidence is more than a preponderance of the evidence, but less than the "beyond a reasonable doubt" standard.

(8) If the Commission sustains an appeal, and if the Chief of Police agrees with the findings and recommendations by the Commission, the Chief of Police shall take appropriate action on the appeal consistent with the Commission's report and so inform the Commission. Within thirty days after receiving such findings and recommendations, the Chief of Police shall submit a written response to the Commission. Within thirty days after receiving such findings and recommendations, the Chief of Police shall also notify the complainant of the disposition (sustained, not sustained, exonerated, or unfounded) of the complaint and the appeal.

(9) If the Commission sustains an appeal, and if the Chief of Police disagrees with the Commission's findings and recommendations, the Chief of Police shall forward the Commission's determinations and any other pertinent information to the City Manager within thirty days after receiving the Commission's findings and recommendations.

(10) The City Manager shall review the findings and recommendations of the Commission along with the other information submitted by the Chief of Police. After said review, the City Manager shall prepare written conclusions concerning the documentation presented. The City Manager's conclusions concerning the appeal shall be transmitted to the Commission, the Chief of Police, the appellant and the involved police officer within thirty days after receiving the information from the Chief of Police. The City Manager shall also notify the Complainant of the disposition (sustained, not sustained, exonerated or unfounded) of the complaint and the appeal within thirty days after receiving the information from the Chief of Police.

(11) The Chief of Police and the City Manager may extend for an additional thirty days the time period in which they are required to submit their responses to the Commission (or their notification to the complainant) by giving the Commission written notice of such extension.

(12) All recommendations concerning proposed discipline of police officers made by the Commission or the Investigative Officer shall be kept confidential until after the City's disciplinary administrative process has been concluded.

(d) Perform such other duties as requested by the City Council.

(Amended by Ordinance No. 11-85 N.S., 11-92 N.S. and 25-93 N.S.; Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

(a) The Commission shall hold its first meeting within thirty 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. All meetings of said Commission shall be open to the public. The Police Chief or his representative nominated by him shall attend all regular and special meetings of the Commission and shall advise the Commission on any matter before it, but shall not vote on any such matter.

(b) A quorum of the Commission necessary for the conduct of business shall consist of a majority of the number of Commissioner's currently appointed. In no event shall a quorum be less than three members of the Commission.

(Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

The Commission shall, in consultation with the City Manager and with the approval of the City Council, adopt rules for the transaction of business of the Commission, which rules shall, among other things, include the manner of calling and giving notice of special meetings and hearings and the appointment and powers of standing subcommittees. Said standing subcommittees may be formed to work on various topics within the scope of police activities. The Commission shall keep records of its resolutions, rules, transactions, motions, orders, findings, recommendations and determinations. Except for those items made confidential by California Penal Code Sections 832.5 and 832.7, the records of the Commission shall be open to the public.

(Source: Ordinance No. 15-84 N.S.; Amended by Ordinance No. 25-93 N.S.; Ord. No. 3-16 N.S., § I, 3-15-2016; Ord. No. 5-16 N.S., § I, 5-3-2016; Ord. No. 02-19 N.S., § I, 1-15-2019; Ord. No. 05-19 N.S., § I, 4-16-2019; Ord. No. 10-19 N.S., § I, 6-25-2019; Ord. No. 29-20 N.S., § I, 12-1-2020)

Each commission member shall successfully complete a comprehensive training and orientation program and newly appointed commissioner members shall also complete such training, each within three months of appointment. Failure to complete the training may result in disqualification. The training program shall consist of at least eight hours of training and cover standards of investigative review, fundamentals of evidence and due process, recognizing bias and implicit bias, constitutional rights and civil liberties, de-escalation tactics, the Public Safety Officer Procedural Bill of Rights, an overview of Richmond Police Department's policies, practices and procedures, and the history of the Community Police Review Commission and civilian oversight of the Richmond Police Department, as well as police officer shadowing activities, such as ride-alongs, participation in the Richmond Citizen Academy or other similar activity. Training shall also include Richmond Commission Guidelines and the Brown Act. Each commission member shall also actively participate in appropriate annual training.

(Ord. No. 16-25 N.S. , § 2, 8-19-2025)