Speaker 3: Okay. Great. Thank you. Much information carries you counsel. We do have a couple of items are still a part of this broader discussion. And thank you all for that conversation on the on the general framework. So now we're going to take up item 26.
Speaker 0: Communication from Councilman Austin, Councilwoman Price, Vice Mayor Andrews, Councilmember Richardson recommendation to request city manager to report back within 30 days on the Citizens Police Complaint Commission.
Speaker 3: Thank you. Let me turn this over to Councilman Austin.
Speaker 4: I thank you, Mayor, and I want to thank my colleagues who signed on to this item. And before I start, I want to just preface that I got my start in public service here in the city of Long Beach with the city of Long Beach as a commissioner on a Citizen Police Complaint Commission. I was appointed in 2003 by then Mayor Beverly O'Neill. I was very deliberate about getting on that commission because at the time I was a lot younger and I saw things and many of the issues that we're talking about today were prevalent then it was and I worked on staff were state senator who. Had authored the original racial profiling bill. Driving while Black Bill. And so this was it was intentional for me to get on that commission. I worked to get on it. I talked to my city council member. I talked to the mayor. I realized that there was nobody who looked like me, who was in my demographic at that time, being of young black male. You served on that commission. And so it was it's been this is this was a hard work for me. And so just a little bit of a background. The Citizen Police Complaints Commission was established by the voters in Long Beach in 1990. It came following another high profile incident of police violence against a black man in this case. His name was Don Jackson, and ironically, he was an off duty police officer here in Long Beach, not with a lot of his police department, but in 1989, he had been beaten and thrown through a plate glass window by one of these police officers in an incident that was captured on video. At the time, the CPC. CPC was a pioneering effort that was approved by the voters, where anybody, any person has a right to make a complaint against any employee of the London Police Department, whether it be an allegation of police misconduct with emphasis on excessive force or false arrest complaints with racial or sexual overtones. These complaints are investigated and the CPC PCC was charged to make findings resulting in the recommendations that accused personnel be disciplined, trained or exonerated. Here we are 30 years later. Time for us to look ways at the CPC can be updated and improve accountability, transparency and confidence in the relationship between the community and our police department. It is important that we have a timely conversation now on how to improve the efficacy of the PCC. I would like to thank the IPCC commissioners, many who have served the city over the last 30 years. As a former commissioner myself, I know how much work that goes into reviewing these cases, how many late nights people put into it studying these cases. And and and I will tell you, as council members, you know, their agendas oftentimes resemble ours in terms of the volume of reading that goes into these cases that come before the P.C.C. Their meeting packets are thick. And like I said, it's not thicker than many of our our council agenda packets. I've also had the opportunity to speak with several former and current commissioners over the past few days to get their feedback on this item. I'd like to thank the London Police Department also for their cooperation and collaboration. Understanding that the PCC is an independent entity in the Charter Commission and it is governed by the people. It's been mentioned earlier. If there are any changes to come to this commission, it would require well. Any any functional changes would require a vote of the people. But I believe that there are also opportunities for us to work with the city manager's office because the PCC is under the office of the City Manager. I believe there's an opportunity for us to make some administrative changes as well and make some immediate short term improvements that can improve efficacy, that improve the operations of the Commission, that could add value to all the work that they do. For example, there are staffing concerns with the independent investigators who handle case loads. I'm told that there are two part time investigators that handle case loads. I'm told that we have temporary administrative staff who will prepare the cases and deal with the database, work for that commission. The question arises, should there be more training for the commissioners? Should there be more community? Engagement in in the Commission. When I was chair of the Commission 2004 to 2005, I instituted a community training which brought in people to the police academy, residents to the police academy, along with the commissioners, to learn more about police practices and training so that when they were reading these cases, we were reading these cases, we would have a greater understanding about what is in the mindset of an officer. Right. How are they trained? Can we make recommendations on on on on on on on on training? Obviously, as citizens, we're not police officers. We don't have the same level of training. But we should, when looking and reviewing their cases, have an understanding of their work. So I thought that that was very good. And at the time to try to foster greater community relations, I brought in the organizations that were oftentimes at odds or questions, a lot of these police tactics. And at that time, in 2005, we brought in the Fruit of Islam, the captains from the Fruit of Islam to participate in that. And there was. There was was a great understanding and relationship building during that period of time. There should also be timely reports for the City Council, including the briefing of Office of the Office of the Council of Officer Involved Shootings. And I would say at this point, moving forward, any officer involved shooting can be a source of complaint from a they go through the PCC. But I would say that every officer involved shooting should come to the council for briefings and review. We are at that time. We need greater oversight and we can do a better job as a city council. We should always we should also look at allowing video testimony from complainants and witnesses rather than just written reports. The way the Citizen's Police Complaints Commission works is that these cases are investigated. As I mentioned, there are major packets where commissioners have to go through text and review statements from complainants, witnesses. But also offer some statements are not included in that because they're not compelled to give statements, statements. That's something that we probably should be looking at as well. I have questions. How, how, what access to the P.C.C. Now have to have you feel footage from body worn cameras. While CB, S.C. has subpoena authority. I mentioned they cannot compel statements from officers. That is something we might want to consider. The state legislation. I'd like to hear from my colleagues as well. The CPC, I believe, is an important tool for accountability and transparency when it comes to our community's confidence in our police department and and it holds officers accountable. I look forward to a review of reforms that we can make, make the PCC more effective. And I'd like to just also say that, you know, I've heard from a number of commissioners. They are submitting recommendations on a format, like I said, existing in former commissioners. They are submitting recommendations for or or potential reform. And this is just a start to the conversation. I want to be very clear on that. I'm laying this out there. I've asked the city manager to review this and come back in 30 days. But I'm also open to allowing this and layering this with the previous agenda item as part of the community conversation. That needs to happen as well as the city manager needs more than 30 days, or if we can make that happen with that within that 30 day window. That would be great. But I'm going to be also forwarding the city manager recommendations from other commissioners that that I have received an email and also phone calls. And again, I think we're up to about two dozen recommendations on a potential reforms to that commission and how we can improve its its work. I don't want to. Devalue the importance of that commission when, as I mentioned before, you look at the National Organization for Civilian Oversight Commissions, you know, at least when I served on the commission, it was Long Beach was was one of the model commissions. Right. Civilian oversight has changed significantly over the last 30 years. And so because of that, I think it merits a review and potential reform of our commission. So with that, I would look forward to hearing from our colleagues and hearing your comments. Again, it's not a perfect system. It's our system. It's one that we've had for 30 years. When Ferguson broke out, we were this was one of the first solutions that they pointed to us as as is a need there. And that was just a few years ago, I would say, within the last 3 to 5 years. L.A. County, just the sheriffs just were. Just became subject to civilian oversight. So it's very, very important that we have this conversation. Again, I'm happy to bring this item forward. I think it's timely and in light of everything that is going on. And I look forward to my colleague's comments. Thank you.
Speaker 3: Thank you. Vice Mayor Andrews, you're the second.
Speaker 4: Yeah. Thank you, ma'am. First of all, I've got a lot of people going forward. You know, as we look at this commission, we really need to use our equity lens now, only reporting bad press. And we have the conversations. I'm looking on the city's website and it says that basically learning opportunity. Long Beach resident speak of equity and have served our communities. Oh, that sounds great. We need to talk about the purpose of this. This commission has the ability to determine here and obviously get trained, but dismissed. This is not a commission one can serve on an entire. You have to take someone complaints and become aware of appropriate and that occurs. And it is a serious problem that needs to consider the side of the story and try to find the best possible timeline of the event and the Act before guidance recommendations. You can not continue to be a boss which when reviewing play. I cannot be just another commission. He place somewhere on this. Yes, James. That is. We have been completely honest. I have never heard it from a single commissioner or this commission. More than one I have ever had a brief briefing from them, like Father Thomas Maser. They swear to do so. This is not a reflection on the commission for this year. It is a reflection on the work that we all need to do to get away from my colleagues. And I am looking forward to the report coming back. Thank you again.
Speaker 3: Thank you, Vice Mayor. Councilman Price.
Speaker 1: Thank you. I want to thank Councilman Orson for bringing this forward. This is an example of a very clear and tangible item that we can start looking at and adopting best practices for. So I want to thank you for bringing that forward. Councilman Austin, you have a lot more in-depth knowledge of the workings of this commission than I think at least certainly more than me. I can't speak for my other council colleagues, but you're very well versed in this. So I think it's it's going to be very helpful for us to have that insight. I will tell you that this is the one commission that I have received a lot of concern and recommendations or, let's say, opportunities for improvement on over the last six years. And there have been a lot of questions over the years asked. But I think just even understanding the framework for the Commission and what they're tasked with and what tools they have at their disposal would be a really helpful educational tool for the Council. In the six years that I've been on, we've never really had, you know, a staff reporter presentation on what they're supposed to do. So I think this is a great first step. And I want to thank you, Councilman Austin, for bringing this forward. And certainly this could be something that we could discuss even further if the opportunity arises at our public safety committee and a committee in a public or an a subcommittee type setting so that we can allow for more dialog. Since I know sometimes at council comments are limited to such a short period of time and there's not as much opportunity for a dialog, but that's another venue for you to think about since you know the workings of this commission. Better that better than I do. But if that's something you want to think about, but it's a great item. I wholeheartedly support it and I hope the rest of the council does as well. Thanks.
Speaker 3: Thank you, Councilwoman. Councilmember Pearce.
Speaker 2: Thank you, Mayor, and thank you, Councilmember. Awesome for bringing this forward. I know you and I have talked about this commission in the past and it's unfortunate that this moment took this moment to get movement on it. But I'm glad that that you've taken the leadership to get it here. I, too, have over the years had a lot of people talk about the effectiveness or the clarity, the transparency of this committee. And I also had the great opportunity to talk to Congressmember Lowenthal about this commission. And, you know, someone that brought this commission forward and him today saying that it needs a great overhaul is also a reflection of how far we've come as a state and as a city. I had a question for the city attorney as we talk about the last item with some of the civilian oversight process and then this commission. I have one commissioners, actually, two commissioners that have been very outspoken about feeling like if we even start on this commission, that it's going to be very difficult. And that making sure that we have a civilian oversight that's really separate of the city would be important. So my question is for the city attorney and to review this and put some changes in if we're able to do that. But what changes require the charter changes? Like what is the trigger for putting this on the ballot? And then my second question is, are there other ways to get civilian oversight quicker than, say, two years that really have teeth that are separate and independent from the city? That does not require charter? And if you could just share with the public those two things.
Speaker 6: Mayor, members of the council. I will try the basically the charter as described by Council member Austin, who did a great job describing the PCC, was established by the vote of the people in 1990 as a charter committee and so any changes to the powers and duties of that committee require a vote of the people to either repeal it or to amend it or to change it. So as we as I anticipated what this item would be, we would come back with a report that would describe the history of the PCC. And in the Charter it identifies the duties that the and the responsibilities of that commission. And then if there are proposed changes and it sounds like there are already a number of suggested modifications to that committee, those would all require a vote of the people to amend the PCC as it currently exists. If that answers your question.
Speaker 2: Then it is my first question. So my second question is how are there ways that the city can get an independent oversight police commission that is independent of the city without going to the vote of the people or without a charter change?
Speaker 6: They're there. Your. I we'd have to look at what what it is you'd want to establish. And if I understand your question correctly, an oversight body of the of the Long Beach Police Department. There could be a under the municipal code, you could establish an advisory committee to determine and to advise the city manager or the city council on proposed changes or policy decisions. That would be the council purview. The I think you do need a vote of the people to establish some sort of a charter amendment, because currently under the charter, the authority for the discipline lies with the police of the chief of police and ultimately with the city manager as your executive director of the of the city. So in order to take those. It sounds like you're suggesting that you would possibly want to remove those two and put them in place with a body. And that would require a charter amendment to to make that happen. It could be done, but it would need a charter amendment. If. If I understood your question correctly, again, it's going to be specific on what it is you would like to do, and we'd like an opportunity to research it and report back.
Speaker 2: Yeah, I appreciate that. I was asking just because I know that we've all thrown out a lot of dates and a lot of great ideas and we're trying to figure out like, okay, so November, have we missed the deadline for charter amendment for November?
Speaker 6: That is correct. The under state law, there is a specific, very specific notice provision and period which requires three public notices with certain dates days in between those notices. And that time has passed for the November 2020 election.
Speaker 2: Right. So that was why I had the other question was just to be having you think about it and I know that we already have the other item, but just publicly talking about like what are ways that we can not only with PD, because I firmly believe that PD is a body of the city and that we need to have some oversight and structure around race and policing in general. So just thinking and letting the public kind of hear that there are other options that aren't charter reform, we need to be specific about that and we'll work with staff to get that back. But that right now we can't do charter reform on November's ballot.
Speaker 6: That is correct. And just for for clarification, you do have oversight and and review of the police department is currently with the chief and with the city manager. I think you didn't mean to say there is no oversight or review of that. That and the CPCB makes recommendations to the city manager pursuant to their authority under the charter also.
Speaker 2: Thank you for that. And I would I would say that. As Councilmember often mentioned, we have not had a report, at least from one of the commission of reports that I had an email from in the last three years to the city council, at least not one that's been publicly discussed. And so, you know, looking at areas that we need to tighten up and make sure that we're abiding by the law that's in front of us in our own charter, and to is that we, the Council, have oversight over our city manager, but our city manager is the one that has oversight over everyone else. And I personally only meet with our commanders and I don't meet with our police chief on a regular basis. We've tried over the last four years, but I don't. And so it it it makes it difficult, you know. And so these are all the issues of transparency and access that are important for this committee for us to all be thinking about. The one last part I wanted to just publicly recognize is, you know, I also led the efforts with Councilmember Austin and others around our H.R. practices. And we know that there's a lot of great changes there that need to be made. What I'm hearing from our commissioners is also that they they don't feel like and they have not been presented with at least the chair that I've talked to. Policies and procedures for them as commissioners and for understanding what the policies and procedures are for the staff that's supposed to be working with them. And so basic things like that, I look forward to having a conversation with that. I don't think would require charter reform, but just basic, you know, keeping our house tidy. And so I hope to to hear from from staff and from city attorney on on some of those. And then my one last question. As you look to bring this back, are there ways for independent attorneys to be involved with the PCC as it exists right now?
Speaker 6: No. The under the charter, the city attorney's office is a sole and exclusive legal adviser to the city and its boards and commissions, and we advise the PCC.
Speaker 2: Okay. Those are my questions. Think again. Trying to move forward to a fuller discussion when it's brought back. Thank you.
Speaker 3: Thank you. Next up is Council Member Richardson.
Speaker 5: Thank you, Mr. Mayor. I just want to acknowledge. Acknowledge this effort. Thank you. Councilman Orson, I know you spent a lot of time on the KPCC. Probably more experience with it than anyone else on the council. You know? And I want to I want to say the framework we just voted on separately, we're very clear that, you know, everything needs to be on the table. So reform to see PCC, independent oversight, all of those needs to be evaluated. I think since KPCC is there and we know its charter, I think the questions about how it works now that that's low hanging fruit, they can start now. I think everybody points points to it that it can be know look at the issues with it, but it could arrive at, you know, the charter and they need to change it or the charter may need to like eliminate it in favor of a new process or a different type of process. And so that's what these conversations are. And I want to just encourage people, not the rest of the solution, to let it play out. Let's let's bring up the issues are understanding it and be open to what whatever form this might look like and know that. Those are my comments. Thank you.
Speaker 3: Thank you, Councilmember. Councilmember Ringo.
Speaker 4: Thank you, Mayor, and thank you all, councilmember, also for bringing this forward. It has been 30 years since this commission has been put in place and reviewed. Whether the things that came out of it was also that it is to be in conjunction with each other and with civil service. Most officers that are disciplined are classified employees, and there's a process. They go through civil service, through a hearing. The recommendation the PCC makes is to the city manager. In the city manager makes his decision as to where it goes from there and then it goes to Civil Service Commission if there's a disciplinary action. One of the things that came out of that, that the event that you're talking about comes from Ross in 1989 with Don Jackson was that those two officers, Ramsey and Mickey, called it the Marx Brothers. And they were Mark Ramsey and Mark. Mark Dickey. They they were disciplined. And but one of the things that really came out of it was, for me, shameful is that they were allowed to disability, retire. They were not dismissed or terminated, which means that as a disability, retired retiree, their pension, they receive their pension and they don't get taxed on it. So basically they were. They left because they said they were stressed. They created that stress by pushing Mr. Jackson's head through that plate glass window and and in the subsequent events he took after that. So we look at it. We also have to look at a charge role and the Civil Service Department's role or commissions role in this whole process as well. So if we're going to look at the PCC and its role in reviewing of cases of abuse or misuse of honor under the color of our uniform, we also have to look at those other entities that are involved with that as well. Would that require a charter change? I don't know, but it would certainly determine how the other two commission, the whole of the department and the Civil Service Commission relates to it. So we also have to look at and take that into consideration as well. And what's the what's the end game that we want with the PCC? We want to give it more teeth. Or do you want to just change how it functions as a whole? One of the things that that was that has come over the years to me my attention anyway. Is that the CPC has no teeth. It has recommendations, but it doesn't have any authority to deal with the word officers if that in fact is what comes out of the investigation, that that lies directly with the city manager. And and and the chief of police. So we we need also need to look at the role that it plays with the other hiring authorities, h.r. And the civil service commission, which basically is a body that that deals with classified employees when there's any kind of disciplinary action. Just throwing it out there that we need to include that review as well in terms of the role that they play with the CPC and the CPC interacts with those other two entities as well.
Speaker 3: Thank you, councilmember councilmembers. And.
Speaker 1: I just want to echo the comments of my colleagues, and I think this is a really good step in the right direction. And thank you so much, council member Austin, for bringing this item forward. Thank you.
Speaker 3: Thank you. Councilwoman, I think that has been I think the entire council have made comments. I'm going to come to conclude and close out this this item as we move on to some other ones. Well, let me just first begin just by thanking council member Austin especially for bringing this forward. I think it does tie in with the framework that was also adopted by the City Council and and like most of the council, I've also received a lot of it, a lot of ideas, suggestions from from commissioners and from community members as well. I want to just mention a couple of things. I think the first thing that's important is I want to uplift. I know there's been a lot of conversation about the commission. The commission was, of course, created by the vote of the people, the people of Long Beach. And it's clear that, you know, decades later, it's time to revisit that commission and and revisit how it works, how it functions, how it can be more community oriented and how we can improve it. I think that's important. Any time that this that the city and the voters create something, there's always opportunities to revisit it and to to make them stronger and to meet the moment that we are in. And so I support this initiative at looking at the PCC. I want to also thank those that serve. I think certainly it's easy to for us to acknowledge or for folks to criticize and maybe the commission might work or the way it's set up. The way it works is laid out in the charter. And so we certainly can change the charter or we can make changes to the way it's governed. I think that's maybe an opportunity for the city manager and the staff to see it. Are there ways to improve it that are outside of the mandated functions of the charter? But we've had a I mean, just dozens and dozens of people from all across our community who have honorably served in that commission. And I want to thank them tonight for for serving for for their commitment to to this voter approved body. I'm from that was created. But I also want to be very clear moving forward that I do believe it's time for change. And I do believe that we have an opportunity and a unique opportunity to look at really creating a model commission or system. And I think that what we've heard tonight is a variety of of different ways of doing it. I think you heard that certainly we could go to to the route of of improving it internally through through staff process. There's certainly opportunities to look at is this the right type of body that should it should exist in in this area should be different. And certainly the the one that I think is the most democratic, which is a change at the ballot box, which makes something very permanent, is a is a charter change or a municipal code change that would really change the way this commission functions and the way that the people on the commission interact with the body. And I will just say that I think this you know, this council has a has a record of a charter changes in charter commissions. We just went through a process last year where this city went all in on on charter change, on creating a new city ethics commission on on on redistricting, on so many issues. And so I think that if we do this and as we begin this process, I encourage us to listen. Let's go to the community. Let's hear from our staff and from our departments what works, what doesn't work. And then let's and then let's really make create something that's a model and that we can really be proud of as a city and really meet the legacy of Congressman Lowenthal, of of then Councilman Lowenthal, who began this work with with the mission of really community oriented oversight and engagement. So I think I believe that we can do that and and we'll be all in on this process and make sure that we get it just right. So, Councilman Austin, I also trust that as as the one councilmember that has served on this commission, you're going to have valuable insight as well. So I look forward to your leadership in this process. And so with that, let's go out and take a roll call vote. Thank you. District by.
Speaker 0: District one.
Speaker 1: II.
Speaker 0: District two.
Speaker 2: I.
Speaker 0: District three.
Speaker 2: I.
Speaker 0: District four.
Speaker 5: I.
Speaker 0: District five. I. District six.
Speaker 4: All right.
Speaker 0: District seven.
Speaker 7: I.
Speaker 0: District eight. District nine. I motion carries i.
Speaker 5: I am muted the right way this time.
Speaker 3: Thank you. That that that item passes. And so we look forward to that information coming back. Let's see. Next up is. I think item 27 I believe.
Recommendation to request City Manager to report back to the City Council within 30 days on the Citizen Police Complaint Commission, including a summary of investigations over the past 5 years, and recommendations for discussion of possible revisions to improve accountability and transparency in the relationship between the Police Department and the community.