Vallejo Municipal Code Ch. 18.03 Community Police Oversight and Accountability Commission

Pursuant to the provisions of the Charter of the city of Vallejo, there is hereby created a Community Police Oversight and Accountability Commission (the "Commission") The commission is an advisory board as described in section 403 of the Charter.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. The commission shall consist of seven members and two alternate members appointed by the mayor and city council. Each council member shall appoint a member who is living within that council member's district. However, if in the opinion of the appointing council member, there are no qualified candidates or in order to fulfil the city's obligation for diversity set forth in Section 18.03.020C, the council member may select a candidate outside of their district. The mayor shall appoint one member from any district in the city. Council member and mayor appointments shall be subject to the ratification of a majority of the city council. In the event majority approval is not obtained, the appointing council member or mayor shall select a different individual to serve as a member of the commission, and the process shall continue until a majority vote is obtained. In addition to the aforementioned members, the mayor and city council shall collectively appoint one youth member between the ages of 18-25 and one community member as alternate members. Alternate members must meet all the qualifications and training requirements set forth herein and are subject to the same laws, rules and regulations as members unless specifically modified by this title. Alternate members shall participate in commission meetings but shall not vote unless there is an absence on the commission as set forth in Section 18.03.100F below.

B. The city council may not appoint any member who:

1. Is not a qualified elector in the city;

2. Is a current employee of the city or any immediate family member of such a person as defined in Section 18.03.020B(3);

3. Is currently employed as a peace officer by any local, state or federal law enforcement agency or who has been employed as such or who is an immediate family member of any such person. For purposes of this title, an immediate family member is a current spouse, a child, a parent or a sibling;

4. Is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in Section 18.03.020B(3);

5. Is an attorney or law firm who represents or represented any person or entity in any proceedings or matters adverse to the city;

6. Is a party to any proceeding or matter adverse to the city within the last five years or any immediate family member of such a person as defined in Section 18.03.020B(3);

7. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commission or equivalent body involving a disciplinary matter;

8. Has ever been convicted of any of the following crimes:

i. Any crime requiring registration as a sex offender pursuant to any state or federal law;

ii. Any crime involving the abuse of a child;

iii. Any felony involving physical harm to a law enforcement officer.

C. The city council shall use its best efforts to appoint Members reflecting the race, color, religious, sex/gender, gender identity, sexual orientation, marital status, medical condition, veteran/military status, national origin, ancestry, disability, genetic information and age diversity of the city of Vallejo. In soliciting applications from the public for commission membership, the city shall target application solicitations to community groups specifically representing the diversity of the city.

D. Each member shall serve as a volunteer without pay.

E. Applications for membership on the commission shall be through the process defined in Section 2.02.350 of this code and any applicable state law for publicizing openings for appointments to boards and commissions. All applications shall be submitted to the city clerk who will distribute them to the mayor and all members of the city council. The council district in which the applicant lives shall be shown clearly on the front of each application. The city council shall conduct interviews of eligible applicants at a public meeting that has been noticed at least seventy-two hours in advance.

F. The term for each member shall be as set forth in Section 2.26.030 of this code including the staggering provisions in 2.26.030B. Alternate members shall not be subject to the staggering requirement set forth in Section 2.26.030. Individual council members, the mayor and the city council as a whole may be referred to herein, either collectively or individually, as the "Appointing Authority."

G. A Member may hold office for no more than eight consecutive years. Former members may be reappointed after a break in service of at least two years.

H. Alternate members may serve only one, four-year term and shall not be reappointed as an alternate member. An alternate member may be appointed as a regular member after any length of service as an alternate member. Service as an alternate member shall not count toward the eight concurrent year limitation for service as a member.

I. Notwithstanding anything to the contrary herein, each member and alternate member shall continue to serve until their replacement is appointed.

J. Unless modified by this ordinance, members may be removed as set forth in Chapter 2.26. In addition, a member shall be removed if any member is convicted of any felony or any crime as set forth in Section 18.03.020B(7).

K. A member shall be removed by the city council if that member discloses confidential information regarding any police officer, any police investigation, any information received by members in closed session, any information that is protected by the attorney/client privilege or any other city information provided to the member in confidence and that is prohibited from disclosure by state or federal law or the disclosure of which would subject the city to liability. If a member is suspected of disclosing any such confidential information, the city manager at the request of the city council or upon the city manager's own recommendation, may initiate an investigation. If the investigator finds by a preponderance of the evidence, as that term is defined in CALJIC 2.50.2, that the member willfully disclosed such confidential information or fails to take affirmative action to protect such information from disclosure, then the city council shall remove the member and a new member shall be appointed by the city council using the process set forth herein.

L. In the event of a vacancy caused by resignation and/or disability or death, the appointing authority may appoint a replacement to fill out the remaining period of the term pursuant to Chapter 2.26 of this code.

M. At the city's sole cost and expense, all members shall be subjected to a live scan fingerprint check, to include a check of FBI and California Department of Justice criminal databases before beginning service on the commission and at each appointment or reappointment thereafter or at the discretion of a majority of the city council. A member's appointment shall be revoked if the background check reveals that the MEMBER has been convicted of any of the crimes set forth in Section 18.03.020B(7). To the extent allowed by law, any live scan report shall be kept confidential.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. The city manager shall appoint a member of city staff to support the commission ("Commission Secretary") after seeking advice and input from the commission at a noticed, regular or special meeting. Said meeting shall be held in either open or closed session as legally required when discussing personnel matters. The commission secretary shall prepare the commission's agendas, prepare staff reports and supporting materials, serve as the secretary of the commission, keep the commission's minutes and be the commission's custodian of records. In preparing agendas for the commission, the chair and vice-chair shall convene to set the agenda and shall consult with the commission secretary as well as the assigned attorney, as that term is defined below, for advice concerning the legality of the agenda. The commission secretary may not be an employee, either civilian or sworn, of the Vallejo Police Department. The commission secretary shall provide administrative support only and shall not provide any direction to the commission or attempt to influence matters of policy.

B. The city attorney, shall assign a qualified attorney to provide legal advice to the commission on matters concerning the commission ("Assigned Attorney") after seeking advice and input from the commission at a noticed regular or special meeting. The assigned attorney may be either an employee of the city attorney's office or a contracted attorney or both. The assigned attorney shall review all agenda items for the commission to ensure compliance with the Ralph M. Brown Act and any other applicable laws and regulations. The assigned attorney shall also ensure that the items on the agenda do not exceed the subject matter jurisdiction of the commission as set forth in this title. In addition, the assigned attorney shall attend and provide legal advice at all regular and special meetings of the commission. The assigned attorney shall also attend all commission closed session meetings. In the absence of the assigned attorney, the city attorney, at their discretion, may appoint an alternate to temporarily perform the duties of the assigned attorney. the assigned attorney shall provide legal advice only and shall not provide any direction to the commission or attempt to influence matters of policy. The assigned attorney shall not be an attorney directly involved in litigation matters involving the Vallejo Police Department. The assigned attorney shall have the following minimum qualifications:

1. A municipal attorney with a minimum of five years' experience representing California cities and/or other California public agencies as either a city attorney, assistant city attorney, deputy city attorney or equivalent role;

2. Possession of a Juris Doctor from an accredited law school;

3. Experience in police personnel and disciplinary matters and the related California law;

4. Experience in human resources;

5. Experience in police oversight.

C. The assigned attorney may not be a person who:

1. Is currently employed as a peace officer by any local, state or federal law enforcement agency or who has been employed as such or who is an immediate family member of any such person as defined in Section 18.03.020B(3).;

2. Is a current or former employee of the Vallejo Police Department or any immediate family member of such a person as defined in Section 18.03.020B(3);

3. Is an attorney or law firm who represents or represented any person or entity in any proceedings or matters adverse to the city;

4. Is a party to any proceeding or matter adverse to the city within the last five years or any immediate family member of such a person as defined in Section 18.03.020B(3);

5. Is an attorney or law firm who represents or has represented peace officers at arbitration or before a Civil Service Commission or equivalent body involving disciplinary matters;

D. The chief shall assign themselves or a deputy chief to serve as a police liaison to the commission. The police liaison shall be responsible for answering questions from members, providing information to members and ensuring that members have access to records and information in possession of the Vallejo Police Department as needed by the commission to perform its duties and functions. The police liaison shall attend all meetings of the commission. The police liaison may attend closed session meetings at the discretion of the commission.

E. At least one member of the city council shall be appointed as a commission liaison in the same manner as other council liaison appointments to boards and commissions.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. Within nine months of appointment, each commissioner shall attend training provided/funded by the city as follows:

1. Regarding the provisions of the Vallejo City Charter and with the Vallejo Municipal Code applicable to department members and/or operations;

2. Regarding the California Political Reform Act (Cal. Gov't Code section 81000, et seq.), Vallejo's Conflict of Interest Code, the California Brown Act (Cal. Gov't Code section 54950, et seq.), and the California Public Records Act (Cal. Gov't Code section 6250, et seq.), and all local rules relating thereto;

3. Regarding basic principles of constitutional due process and administrative hearings, as the same relate to peace officers;

4. Regarding the legal requirements for maintaining the confidentiality of personnel records and other confidential documents or information;

5. Regarding constitutional rights guaranteed to all residents as such rights are affected by law enforcement;

6. Regarding the Meyers Milias Brown Act (Cal. Gov't Code section 3500, et seq.) (MMBA), the public employment relations board's administration of the MMBA, the city's memoranda of understanding with the Vallejo Police Officers' Association (VPOA), Confidential Administrative Management Personnel (CAMP), International Brotherhood of Electrical Workers (IBEW) and other relevant city personnel policies and procedures applicable to the Vallejo Police Department and city employees;

7. Regarding the California Public Safety Officers Procedural Bill of Rights Act (Cal. Gov't Code section 3300, et seq.), and other California Code sections pertaining to peace officers' rights;

8. Regarding anti-discrimination, harassment, bias, diversity, inclusion and racial equity;

9. Regarding procedural justice;

10. Regarding trauma informed care.

B. In addition to the above, members shall:

1. Complete Peace Officer Standards and Training (POST) or equivalent training relating to search and seizure and arrest;

2. Complete crisis intervention training including review of the department's training relating to same;

3. Participate in a department "ride along" and attend a police training program with curriculum designed by the chief of police after consultation with the commission;

4. Attend within eighteen months of appointment, or as soon thereafter as possible, the annual conference offered by the National Association for Civilian Oversight of Law Enforcement ("NACOLE") or a similar organization focused on police oversight, if and as budgeted by the city council.

Nothing herein shall prevent members from receiving training outside of commission meetings and it is specifically authorized that members may receive training from outside consultants, from the police department, from POST, and online if the assigned attorney concludes that such training meets the requirements set forth in this ordinance.

C. Members shall not participate on the commission until the training identified in 18.03.040A(1-9) above is completed. Members may participate in commission matters without the training in 18.03.040B(1-4). Members shall complete the required training (excepting item B.4. above which is optional) within nine months from the date of appointment unless said time is extended by the city council. In the event a member fails to complete the required training during the time allotted by this chapter, that member shall be removed and replaced with a new appointment. Notwithstanding anything to the contrary herein, members may attend commission meetings before completing the required training for the purpose of receiving such training.

D. The city manager, police chief and city attorney shall timely assist the commission in scheduling and facilitating all training required by this section so that commissioners have the opportunity to complete the training within the nine-month period without hindrance from the city.

E. To the extent possible, commission training sessions shall be video recorded so that commissioners who are unable to attend a training session may make up the missed training by watching the video. Video recordings of training sessions shall be available to the public.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

The powers, duties and functions of the commission are as follows:

A. To review all independent investigative reports and all internal affairs reports and all supporting evidence used by the independent investigator or the internal affairs investigator concerning any serious incident and provide a recommendation concerning the findings thereof, to the chief of police and the city manager. While the commission shall not be limited in its recommendation, it shall specifically either agree or disagree with the factual findings and proposed policy violation conclusions and state the reasons therefore. The commission may also, upon review of the independent investigative report and/or the internal affairs report, recommend further investigation. All reviews and recommendations shall be submitted by the commission to the chief of police and the city manager within sixty days of the submission of the independent investigative report to the commission. In no event shall the recommendation be submitted to the chief of police and the city manager less than thirty days prior to the running of the time limitation set forth in Government Code section 3304(d). In the event it is not received within the aforementioned time period, the Commission shall be deemed to have declined review;

B. To request the assistance and advice of the IPA on any matter within the subject matter jurisdiction of the commission;

C. To review the investigatory report provided by the chief of police as set forth in Section 18.03.060 E. (whether prepared by the independent investigator or the internal affairs division) relating to all complaints involving bias, discrimination, any threat or intimidation or coercion (or any attempt thereof), relating to sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, gender identity, citizenship, primary language, military/ veteran status or immigration status, ("Bias Incident") by a sworn officer whether in the performance of their duties or otherwise and provide a recommendation concerning the findings and/or policy violations thereof, to the chief of police and the city manager. The commission may also, upon review of the investigative report, recommend further investigation and/or changes in policy and training. All recommendations shall be submitted by the commission to the IPA and the chief of police within sixty days of the submission of the investigative report to the commission. In no event shall the recommendation be submitted to the chief of police less than thirty days prior to the running of the time limitation set forth In Government Code section 3304(d). In the event it is not received within the aforementioned time period, the commission shall be deemed to have declined review;

D. To advise the mayor, city council, city manager and chief of police on all police community relations issues;

E. To conduct public outreach to educate the community on the purpose of the commission;

F. To create and maintain, with the assistance of the city's information technology department, a commission webpage with information about the commission's powers, duties and functions as well as other information related to the subject matter jurisdiction of the commission;

G. To receive written complaints, including anonymous complaints, from the public alleging misconduct by sworn Vallejo Police Department Officers. The commission secretary shall immediately forward (within two business days of receipt) all such complaints delivered to the commission to the chief of police for investigation and the chief of police shall confirm to the commission that the complaint has been received and logged by the department. All complaints involving serious incidents, as defined in Sections 18.02.010D shall also be forwarded by the commission to the city manager, human resources director and city attorney for investigation by an independent investigator as set forth in Chapter 18.02;

H. The chief of police, or any other city department that receives public complaints shall immediately forward (within two business days) or cause to be forwarded to the commission, any complaints from the public they have received concerning misconduct by sworn officers of the police department. For purposes of forwarding complaints to the commission, the chief of police or other receiving department may forward them to the commission secretary.

I. The commission may request that any complaint be investigated by an independent investigator, whether said complaint was initially received by the commission, by the police department or by another city department. Requests for referral to an independent investigator shall be granted for any serious incident or bias incident. The commission may also request that the chief of police refer complaints relating to other matters to an independent investigator and may appeal to the city manager if the chief declines the referral to an independent investigator;

J. Recognizing that individuals may feel uncomfortable filing complaints with the Vallejo Police Department, to make complaint forms available to the public by posting complaint forms and information about the complaint process on the commission webpage and at other public locations, as an alternative to filing complaints with the Vallejo Police Department and accepting the online filing of complaints, including anonymous complaints;

K. To ensure that the city and the Vallejo Police Department makes information about the complaint process and appropriate forms available at other public locations and to provide recommendations to the city and the Vallejo Police Department about the complaint process;

L. To review and make recommendations concerning the factual findings contained in any investigation of any filed complaint to the chief of police and/or city manager;

M. To review and/or make a recommendation to the chief of police or city manager concerning whether disciplinary action should be imposed relating to any violation of policy found to exist in any investigatory report of a serious incident or bias incident or other incidents referred to the independent investigator;

N. To review and provide a recommendation to the chief of police in closed session concerning any draft notice of intended discipline (NOID) for any serious incident or bias incident. The chief shall consider any such recommendation before imposing any discipline within the time frame set forth in Government Code section 3304(d);

O. To review, advise and provide recommendations regarding any new police policy or concerning any modification or revision of any such policy and to independently propose new policies in their discretion. The chief of police shall submit all proposed new policies or revisions to existing policies to the commission for review before implementation of said policies or revisions. The commission shall provide its advice and recommendation to the chief of police within forty-five days of the submission of any new or revised policy. If the chief of police receives no recommendation from the commission concerning the proposed policy or revision within the forty-five day time frame, the chief may move forward with implementation. This requirement shall not apply to special orders of the chief of police which may be implemented without a recommendation from the commission. Notwithstanding the foregoing sentence, the chief of police shall not use special orders to circumvent the policy-review provisions set forth herein. If a special order has been in existence for more than six months, the chief of police shall seek a review and recommendation from the commission concerning the special order;

P. To request a report from the chief of police regarding existing police training. To review, advise and provide recommendations to the chief of police on any new or revised police training deemed advisable by the commission. The chief of police shall provide a report to the commission concerning the implementation or non-implementation of any recommendation by the commission;

Q. To review and comment upon the Vallejo Police Department's policy and/or practice of publishing data sets and reports regarding various Vallejo Police Department activities, submit comments concerning those data sets and reports to the chief of police and request that the chief of police consider said recommendations and provide a written response to the commission;

R. To prepare and submit an annual report (the "Commission's Report") to the mayor and city council, with copies to the city manager and chief of police, on commission activities. Said report shall be submitted for the previous year on or before April 15 of each calendar year. The commission's report shall be made available to the public. The commission, in its discretion and after consultation with the assigned attorney, may also produce a confidential report addressing confidential matters and present the same to the chief of police. The city council shall review and accept any such reports submitted to them by the commission in either open session or closed session as legally appropriate;

S. To make recommendations to the city council for enacting legislation or regulations that will further the goals and purposes of this title. To the extent legally permissible, the commission shall discuss such recommendations in public meetings of the commission;

T. To review and advise upon any of the city council's proposed legislation or regulations related to the subject matter jurisdiction of the commission. Before consideration or introduction of any such proposed legislation, the city attorney or designee, shall submit such proposed legislation to the commission for review. Once submitted, the commission shall have sixty days to submit any recommendations to the city attorney unless such time is extended by agreement with the city attorney. If deemed necessary by the city council, the city council may direct that the commission provide recommendations in a shorter time period. The city attorney shall include the commission's recommendations when the legislation is presented to the city council;

U. Solicit and consider input from the public concerning public interactions with the Vallejo Police Department;

V. To refer any matter within the commission's subject matter jurisdiction that the commission in its discretion determines warrants additional investigation or action to the Solano County District Attorney, the California Attorney General or to any other state or federal agency responsible for investigating and/or prosecuting wrongdoing by sworn police officers;

W. In accordance with the city's record retention policy, and the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5 th 608, to retain and maintain all electronic communications to, from and/or copied to any commissioner on the commissioner's personal email, text messages and social media concerning all matters of city business, whether or not within the subject matter jurisdiction of the commission, and to provide such communications to the city upon request;

X. The commission shall have authority to lobby the State Legislature, the Governor, State Departments, Congress and other Federal offices concerning any matter within their subject matter jurisdiction however, they shall make clear in any such communication that their lobbying efforts are on their own behalf, rather than on behalf of the city, unless they have sought and received city council approval in advance;

Y. The commission shall have subpoena authority for records and other relevant material concerning any matter before them. No subpoena shall issue however, unless thirty days have elapsed since any such records were requested by the commission and the have not been provided. Any such subpoena may be enforced in the Solano County Superior Court and the city attorney or their designee shall take the necessary steps to enforce such a subpoena;

Z. All amounts allocated to the commission for expenditures are at the discretion of the city council. Before any submission of the commission's annual budget to the city council, the city's finance director shall submit the proposed budget to the commission for review. The commission shall submit any recommendations to the finance director and to the city council within forty-five days of receipt. If the commission does not submit its recommendation within the forty-five day time period, the city council may adopt the budget without considering a commission recommendation;

AA. To the extent permitted by California state law, the commission shall, upon request, release to the public all disclosable public records within the possession of the commission;

AB. The commission may hold public study sessions concerning any matter within its subject matter jurisdiction;

AC. All recommendations by the commission shall be by written resolution adopted by a majority of its voting members. Resolutions dealing with confidential matters shall remain confidential to the extent required by law.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. The chief of police and Vallejo Police Department personnel shall cooperate fully with the commission and the IPA on all matters within the subject matter jurisdiction of the commission. The chief of police shall provide all records requested by the commission and the IPA related to any matter currently before the commission and being reviewed by the commission and/or the IPA. The chief of police or their designee shall appear before the commission upon request of the commission and give reports and/or answer questions of the commission relating to matters within the subject matter jurisdiction of the commission.

B. The chief of police may make a preliminary determination on any disciplinary matter involving a serious incident or bias incident but, shall not impose any discipline until the commission makes its recommendation on the independent investigation and the chief considers the recommendation.

C. The chief of police shall report to the commission their final determination on any policy violation and any resulting disciplinary matter concerning a serious incident or bias incident. In the event the chief of police does not follow the recommendation of the commission relating to a policy violation they shall provide a justification to the commission in closed session.

D. The commission may report any failure of the chief of police, or any other city employee, to cooperate fully with the commission to the city manager. The city manager, in their discretion, may impose discipline upon the chief of police, or other city employee reporting to the city manager for any willful or unlawful failure to cooperate.

E. To submit the investigatory report (whether prepared by the independent investigator or the internal affairs division) relating to all complaints involving a bias incident by a sworn officer, whether in the performance of their duties or otherwise, to the commission for review and recommendation.

F. The chief of police, in their discretion, may request that an independent investigator be assigned to investigate any other potential policy violation not referenced in this title and provide the investigation to the commission for a recommendation.

G. In the event the chief of police declines to follow any recommendation of the commission on any matter within the subject matter jurisdiction of the commission, the chief of police shall provide a written justification to the city manager and to the city council. After reviewing the chief's written justification, the city manager may, in their discretion, direct the chief of police to follow the commission recommendation.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. The chief of police shall prepare and present an annual report to the commission concerning matters of investigation of complaints, serious incidents, bias incidents, policy review and training. Said report shall be submitted to the commission, with copies to the city manager and IPA no later than January 30 of each year. The commission may use the chief's report in preparing its own annual report as required by Section 18.03.050R of this title.

B. The chief of police shall provide a confidential quarterly report to the commission and to the city manager on all disciplinary matters. The commission shall review and discuss all such reports in either open session or closed session as legally applicable, and, in their sole discretion, make recommendations to the chief of police and the city manager concerning the matters set forth in such reports.

C. The chief of police shall prepare and submit a quarterly report to the commission and the city manager on the outcome of all complaints. The commission shall review and discuss all such reports in either open session or closed session as legally applicable, and, in their sole discretion, make recommendations to the chief of police and the city manager concerning the matters set forth in such reports.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. Subject to applicable law, the commission shall have access to all Vallejo Police Department files and records and to all files and records of other city offices, departments or agencies that are within the subject matter jurisdiction of the commission and which are relevant to the performance of the commission's duties. Notwithstanding the foregoing, the commission shall not have access to documents that are protected by the attorney client or attorney work product privilege unless authorized by the city attorney and city council. Further, in connection with the review of investigatory reports and disciplinary matters the commission may have limited electronic access as set forth in B below, to records considered to be police personnel records as defined in Penal Code sections 832.8(a)(4) and 832.8(a)(5). In addition, the commission shall not have access to the entirety of any individual personnel files of sworn employees of the Vallejo Police Department. For purposes of this section, attorney client and attorney work product privilege shall apply to information directly related to and prepared for the purposes of litigation including, but not limited to, expert reports, the city's litigation strategy or legal opinions prepared for the city council.

B. Confidential documents, files and records shall be made available to members in electronic format on a secure server and shall be password protected. Each member shall have a unique password that identifies the accessing member. Printing of such documents shall be disabled if technologically possible. Members shall be prohibited from printing, photographing or otherwise copying any such records. Printing, photographing or otherwise copying or dissemination of such records in any manner by any member shall be a violation of Section 18.03.090 below and shall subject the member to the consequences and punishment set forth herein.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. All personnel records, investigative reports, confidential documents generated within the City of Vallejo Police Department or within the city, information relating to closed session deliberations of the commission, and any other privileged matters, shall be kept confidential by members of the commission.

B. Any member found to have willfully disclosed confidential records or information or to have failed to take affirmative steps to prevent the disclosure of confidential records or information shall be removed by the city council as set forth in Section 18.03.020J of this chapter. If, after investigation as set forth in 18.03.020J it is determined by a preponderance of the evidence, as that term is defined in CALJIC 2.50.2, that a member disclosed confidential records or information, in addition to being removed from the commission, the member shall be subject to an administrative fine of up to two thousand five hundred dollars for violation of this section.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

A. Initially, the commission shall hold regular meetings on the [___] of every month beginning with the first full month after appointment of the members. The commission may schedule and hold any number of special meetings. The commission may modify its meeting schedule by adoption of bylaws as set forth in Section 18.03.110 herein. Provided there is no business for the commission to conduct at a regular meeting (i.e., there are no items requiring commission action or discussion on the agenda), the commission secretary may cancel a regular meeting as long as such cancellation occurs at least seventy-two hours before the scheduled start of the meeting. The commission secretary may also cancel any meeting in the event of an emergency declared by the emergency authority of the city, state or federal government. If there is a need to cancel a meeting for any other reason, the commission secretary may only cancel such meeting with the written consent of the commission chair and vice chair. Any meeting cancellation must be in writing and must clearly state the reason for the cancellation. The commission may change this cancellation policy by adopting city council approved bylaws as set forth in Section 18.03.110 herein. All meetings of the commission shall be subject to the Ralph M. Brown Act and, to the extent possible, be video recorded and publicly broadcast.

B. At the first meeting of the commission, members shall select from among themselves a chair and vice chair.

C. The commission may not continue with any meeting unless a quorum is present. Four Members shall constitute a quorum.

D. All actions of the commission require a majority vote of members present.

E. The commission shall consider all personnel and otherwise confidential matters in closed session to the extent permitted by law.

F. In the event a member is absent at a commission meeting for any reason, an alternate member shall be entitled to vote in the member's absence. If more than one member is absent from a commission meeting, both alternate members shall participate in voting at the meeting and each shall have one vote. If only one member is absent, the secretary shall draw lots to determine which alternate member will participate in voting.

G. Upon initial appointment of all members after adoption of this ordinance, members shall meet at least twice per month for the training prescribed herein until such training is complete. Thereafter, trainings shall be held as needed to update previous training or to train new members. These initial training meetings may be either regular or special meetings.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

The commission may recommend the adoption of bylaws governing its operations to the city council. Any such bylaws shall recognize the subject matter jurisdiction of the commission as set forth in this Chapter 18.03 and shall not modify or alter said subject matter jurisdiction. Commission bylaws shall be submitted to the city council for adoption or amendment before implementation thereof by the commission.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)

The commission shall comply with the general rules and regulations for all boards, commissions and committees as set forth in Chapter 2.26 of this code unless otherwise modified by this Chapter 18.03 or as provided by ordinance or resolution of the city council.

(Ord. No. 1869 N.C. (2d), § 1, 12-20-2022)