Vallejo Municipal Code Ch. 18.04 Independent Police Auditor

There is hereby created the office of independent police auditor (IPA). The IPA may be a full-time, part-time or contracted position at the discretion of the city manager. The city manager shall appoint this position after seeking advice and input from the commission. Notwithstanding anything in this code to the contrary and notwithstanding the amount of any such contract, all contracts for an independent police auditor shall be approved by the city council. Recognizing the importance of the role of the IPA, the city council shall, in good faith review any such contract submitted to it by the city manager and shall not unreasonably withhold approval.

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

The IPA shall have the following minimum experience and/or training:

A. Possession of a graduate degree in criminal justice, criminology, law, a Juris Doctorate or a closely related field from an accredited college or university. Appropriate relevant experience may substitute for the education requirement;

B. Experience in police practices, policy and training;

C. Experience and understanding of the Police Officers' Bill of Rights and other applicable laws related to sworn employees;

D. Experience in human resources;

E. Other experience in the discretion of the city manager.

Prior to appointment, the IPA shall submit to a criminal background check as a condition of appointment. The IPA may not be:

1. An individual currently employed by the city or any immediate family member of such a person as defined in Section 18.03.020B(3);

2. An individual who is a consultant, for other purposes than the IPA, retained by the city within the preceding twelve months;

3. A current or former sworn officer with the Vallejo Police Department or any immediate family member of such a person as defined in Section 18.03.020B(3);

4. An individual currently employed as a peace officer by any other local, state or federal law enforcement agency or who has ever been employed as such [by] any immediate family member of such a person as defined in Section 18.03.020B(3);

5. An attorney or law firm who is representing or has represented a party in any proceedings or matters adverse to the city;

6. An individual who is or was a party to any proceedings or matters adverse to the city or is an immediate family member to any such person within the last five years.

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 disciplinary matters;

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

The IPA shall have the following minimum duties:

A. The IPA shall receive timely notification of serious incidents to enable them to report to the scene of serious incidents for the purpose of first-hand observation. The IPA and the chief of police shall develop necessary protocols for notifying the IPA about the serious incident and granting scene access.

B. The IPA may be present during the interviews of witnesses and subjects during any investigation of a serious incident or other incidents assigned to an independent investigator or internal affairs.

C. The IPA shall review all final investigatory reports, whether by an independent investigator or internal affairs, associated with serious incidents and provide a recommendation concerning the findings thereof to the commission and/or the chief of police relating thereto.

D. The IPA shall review all final investigatory reports, whether by an independent investigator or internal affairs, relating to a bias incident and may provide a recommendation concerning the findings thereof to the commission and/or the chief of police relating thereto.

E. The IPA may review all investigatory reports resulting from any investigation by either an independent investigator or internal affairs as may be referred to the IPA by the chief of police or the commission. The IPA may provide a report with findings and recommendations on any such investigatory report to the commission, the city manager, the city council and the chief of police.

F. The IPA shall stay up to date concerning Vallejo Police Department policies and training and shall advise the commission, the city manager and the chief of police in writing when, in the opinion of the IPA, a change or modification of policy or training is needed. The IPA shall set forth in writing the policy or training that the IPA recommends be added, changed or modified and shall provide an analysis of the reasons they believe the change, modification or addition of policy or training is desirable. If a policy or training does not require a change or modification, the IPA shall so state.

G. The IPA shall assist the commission in the preparation of its annual report required in Section 18.03.050R.

H. The IPA may also prepare reports on the IPA's other activities for review by the commission.

I. The IPA shall have subpoena authority for records and other relevant material concerning any matter before them. No subpoena shall be issued, however, unless thirty days have elapsed since any such records were requested by the IPA and they 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.

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