Santa Clara County Municipal Code Ch. XXV Community Correction and Law Enforcement Monitoring Committee

The Community Correction and Law Enforcement Monitoring Committee ("Committee") is hereby established to improve public transparency, accountability, and engagement with respect to issues of public safety broadly defined, including but not limited to the policies and practices of the Sheriff's Office and Department of Correction. The Committee shall serve as a focal point for community engagement with efforts to reimagine the County's role as a public safety service provider, viewed holistically to encompass law enforcement, crisis response, behavioral health services, diversion and prevention, and other health and social services that strengthen communities and make them safer. The Committee shall provide a forum for consideration of cross-sector, equity-promoting public safety recommendations, bringing together members of the community with County departments and drawing on the expertise developed by other County boards and commissions. The Committee shall provide opportunities for community engagement and advice to the Board of Supervisors, the Sheriff's Office, the Department of Correction, the Office of Correction and Law Enforcement Monitoring, and other relevant County departments.

(Ord. No. NS-300.923, § 2, 4-3-18; Ord. No. NS-300.945, § 1, 10-6-20)

(a) The Committee shall consist of nine voting members, each of whom shall be appointed by the Board of Supervisors, as follows:

(1) One member nominated by each Supervisor, for a total of five members nominated by members of the Board of Supervisors.

(2) Four members nominated by the Monitor performing the functions of the Office of Correction and Law Enforcement Monitoring.

(3) In accordance with Section 506 of the Charter, all members shall be residents of the County.

(b) The first appointment of Committee members shall occur approximately six to 12 months after the effective date of the Board's initial contract with the Monitor.

(c) The term of each member shall be three years, except three of the initial members shall serve two-year terms, and three of the initial members shall serve one-year terms to provide staggering of terms. Such initial terms shall be determined by lot. Each member shall continue to serve on the Committee until the appointment of his or her successor. No member shall be eligible to serve for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A member's failure to attend three consecutive regular meetings without good cause as determined by the Chairperson will result in notification to the nominating authority, which may result in removal of the member from the Committee. All new Committee members shall receive a comprehensive orientation and training.

(d) No member shall be a current employee of the County. Only the appointed member shall serve on the Committee, and alternates shall not be permitted.

(e) The Sheriff, Chief of Correction, County Executive, County Counsel, and Monitor, or any one of their designees, shall be entitled to attend and participate in all meetings of the Committee, but shall have no vote and shall not be deemed members of the Committee. The County Execute may designate appropriate staff to attend and participate in any or all meetings of the Committee, such as representatives from the Office of Budget and Analysis, Behavioral Health Services Department, Public Health Department, Probation Department, Office of Pretrial Services, Office of Reentry Services, Office of Gender-Based Violence Prevention, Office of Women's Policy, and Office of Supportive Housing, but such designees shall have no vote and shall not be deemed members of the Committee. The Committee may invite participation by other County officers and departments as relevant and appropriate.

(Ord. No. NS-300.923, § 2, 4-3-18; Ord. No. NS-300.945, § 1, 10-6-20)

(a) The Committee shall serve as an advisory body to the Office of Correction and Law Enforcement Monitoring and the Board of Supervisors, and through the Board of Supervisors to the public, and shall have the following responsibilities:

(1) Review public safety policy recommendations made by County or non-County entities at the request of the Board of Supervisors, the Sheriff, the Chief of Correction, the County Executive, or the Monitor, and report to any such entity whether or not the recommendation(s) should be implemented or, if the recommendation(s) is being implemented, the status of implementation. The Committee's reports shall contain an analysis supporting its recommendations. The Committee shall seek the input of the Office of Budget and Analysis, County Counsel, and all affected departments or agencies before publishing its reports.

(2) Obtain community input and feedback regarding public safety concerns, including but not limited to the use of force, detention conditions, or other civil rights concerns in the Sheriff's Office or the Department of Correction; convey to the Board of Supervisors, the Sheriff, the Chief of Correction and any other affected entities the community complaints, concerns, or positive feedback received by the Committee; and, where appropriate, make recommendations.

(3) Work with and provide advice to the Office of Correction and Law Enforcement Monitoring in soliciting community input and feedback on issues being examined by the Office.

(4) Function as a bridge between the County and the community on issues of public safety by: providing a forum for community input on public safety priorities and consideration of equity-promoting, cross-sector public safety reforms and innovations; providing the community an additional means of giving input to the Sheriff and the Chief of Correction; obtaining answers from the Sheriff and the Chief of Correction to community concerns about operations, practices, and activities; bringing an additional perspective to the Sheriff's Office and the Department of Correction's decision making relating to the balance between the sometimes competing factors of public safety and constitutional, civil, and human rights; and communicating ongoing community concerns that otherwise might go unnoticed.

(5) Seek the input of the County Executive, County Counsel, Monitor, Office of Budget and Analysis, and all affected County departments (such as the Sheriff or Chief of Correction) prior to making any recommendations pursuant to the duties defined in this section.

(6) Perform its duties in an advisory capacity, and without the authority to manage or operate any department or agency, or direct the activities of County employees or contractors, including the imposition of discipline.

(7) Conduct its activities in a manner that does not interfere with the investigative or prosecutorial functions of the Sheriff or the District Attorney.

(Ord. No. NS-300.923, § 2, 4-3-18; Ord. No. NS-300.945, § 1, 10-6-20)

(a) The Committee shall approve the calendar year's schedule of regular meetings prior to the first meeting in January of that year.

(b) The Clerk of the Board shall be the ex-officio secretary of the Committee and provide clerk assistance to the Committee in furtherance of its purpose. The Office of Correction and Law Enforcement Monitoring shall provide staff assistance to the Committee, in conjunction with the Office of the County Counsel and the Office of the County Executive as appropriate.

(c) All Committee meetings shall be subject to the Brown Act, and all Committee records shall be subject to the California Public Records Act. Minutes of the Committee meetings and all documents received and reports issued by a majority of the Committee shall be available on the County's website.

(d) The Committee shall comply with all applicable laws. The Committee shall not obtain or review any confidential materials, except attorney-client communications provided by the County Counsel for the purpose of advising the Committee.

(Ord. No. NS-300.923, § 2, 4-3-18; Ord. No. NS-300.945, § 1, 10-6-20)

The Committee shall organize itself in accordance with Section 506 of the Charter. Procedures for the conduct of business not otherwise specified herein shall be contained in the bylaws of the Committee. The initial bylaws, and any amendments to the bylaws, following approval as to form and legality by County Counsel, shall be approved by the Board of Supervisors.

(Ord. No. NS-300.923, § 2, 4-3-18; Ord. No. NS-300.945, § 1, 10-6-20)