[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-200300-105":3,"detail-sidebar-cat-1-en-105":81,"doc-detail-200300-en":127},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","implementation-of-the-commission-on-police-practices-city-attorney-memorandum","Implementation of the Commission on Police Practices - City Attorney Memorandum","","A city attorney memorandum provides general information on implementing the City of San Diego’s Commission on Police Practices, responding to a councilmember’s request for material usable in a community fact sheet. It explains how Measure B amended the city charter to establish the commission as an independent investigatory body with civilian oversight, details required ordinance actions, defines key terms, and outlines related civil service appeal considerations. 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It must also define “police misconduct” and “police officer misconduct.”",{"name":70,"@type":61,"acceptedAnswer":71},"How do civil service appeals relate to implementing the Commission?",{"text":72,"@type":64},"Measure B added language requiring consideration of amendments to the City’s Civil Service Rules so the Civil Service Commission and the Council can conduct legally required appeals of sustained misconduct findings.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},200300,1788508518,{"code":4,"msg":82,"data":83},"success",[84,89,94,99,104,109,114,118,123],{"id":85,"doc_module":22,"doc_module_name":25,"category_name":86,"show_sort_weight":87,"slug":88},11,"Presentations",90,"presentations",{"id":90,"doc_module":22,"doc_module_name":25,"category_name":91,"show_sort_weight":92,"slug":93},12,"Resumes",80,"resumes",{"id":95,"doc_module":22,"doc_module_name":25,"category_name":96,"show_sort_weight":97,"slug":98},14,"Invoices",70,"invoices",{"id":100,"doc_module":22,"doc_module_name":25,"category_name":101,"show_sort_weight":102,"slug":103},15,"Posters",60,"posters",{"id":105,"doc_module":22,"doc_module_name":25,"category_name":106,"show_sort_weight":107,"slug":108},16,"Social Media",50,"social-media",{"id":110,"doc_module":22,"doc_module_name":25,"category_name":111,"show_sort_weight":112,"slug":113},17,"Forms",40,"forms",{"id":115,"doc_module":22,"doc_module_name":25,"category_name":29,"show_sort_weight":116,"slug":117},18,30,"letters",{"id":119,"doc_module":22,"doc_module_name":25,"category_name":120,"show_sort_weight":121,"slug":122},21,"Paper Templates",5,"papers-templates",{"id":124,"doc_module":22,"doc_module_name":25,"category_name":125,"show_sort_weight":4,"slug":126},158,"General","general-158",{"code":4,"msg":82,"data":128},{"doc_id":79,"user_id":129,"nickname":42,"user_avatar":130,"doc_module":22,"category_id":115,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":136,"language":137,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":138,"faqs":139,"seo_title":140,"seo_description":12,"update_tm":80,"read_time":33},3985741905716,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","(619) 236-6220  \nDATE: December 28, 2021  \nTO: Honorable Mayor and Councilmembers  \nFROM: City Attorney  \nSUBJECT: Implementation of the Commission on Police Practices  \nINTRODUCTION  \nThis Memorandum responds to a request from Councilmember Monica Montgomery Steppe to provide general information on the implementation of the City of San Diego (City)’s Commission on Police Practices (Commission) that she may use to create an informational fact sheet (FAQ) for interested community members. As you are aware, the City hired the outside law firm of Meyers Nave to assist in drafting necessary documents to implement the Commission. This Office has shared pertinent information that may assist the law firm in performing its work.1  \nAt the municipal election on November 3, 2020, City voters approved Measure B to amend the San Diego City Charter (Charter) and establish the Commission, superseding the City’s Community Review Board on Police Practices, known as “CRB.” Measure B amended the Charter to, among other things, add section 41.2, which establishes that the Commission is an investigatory body of the City, independent of the Mayor and the Police Department. The Commission provides civilian oversight of the City’s Police Department by independently investigating specified incidents and complaints by members of the public against the City’s police officers, who are “peace officers” under California Penal Code (Penal Code)  \nsection 830.1. The Commission is also authorized to review and advise the Chief of Police (Police Chief or Chief) on the discipline of City police officers, and to make recommendations to the Chief, Mayor, and City Council (Council) regarding the policies and practices ofthe Police Department. San Diego Charter § 41.2.  \n1 The Commission must “retain its own legal counsel, who is independent of the City Attorney, for legal support and advice in carrying out the Commission ’s duties and actions.” San Diego Charter § 41.2. However, the elected City Attorney remains the “chief legal adviser of, and attorney for the City and all Departments and offices thereof in matters relating to their official powers and duties,” except the Commission and the Ethics Commission. San Diego Charter § 40. The City Attorney advises the City ’s Personnel Department, Human Resources Department, and Police Department, among other departments. Thus, this Memorandum is prepared under the City Attorney ’s Charter-mandated authority to advise those departments, as well as the Mayor and City Council.  \nCharter section 41.2 requires the Council to adopt an ordinance to fully implement the Commission. Further, Measure B added language to Charter section 115, authorizing the City’s Civil Service Commission to determine police officer appeals of sustained findings of misconduct by the Commission. Therefore, in accordance with Charter sections 115 and 118, the Civil Service Commission and the Council must consider any necessary amendments to the City’s Civil Service Rules to implement these legally required appeals.  \nMeasure B did not change the authority of the Police Chief, who reports to the Mayor. San Diego Charter § 57. The Chief appoints, directs, and supervises the personnel in the Police Department and has “all power and authority necessary for the operation and control of the Police Department.” Id. The Police Chief also has “charge of the property and equipment of the department.” Id. This includes Police Department records.2  \nBy San Diego Ordinance O-21318 (May 19, 2021), the Council created the Office of the Commission on Police Practices as a City department. This ordinance added section 22.5601 to the San Diego Municipal Code (Municipal Code or SDMC). It sets forth the following provisions: the Office of the Commission on Police Practices provides administrative staff and support for the Commission; the Executive Director serves as the administrative director of the department; the Executive Director serves as the appointing authori","cbCaio1xoBRimoIJ","https://ap.wps.com/l/cbCaio1xoBRimoIJ","pdf",271406,10,"English","# Introduction\n## Background: Measure B and Charter Amendments\n# Discussion\n## Council ordinance requirements to implement the Commission\n## Required duties and authorized powers of the Commission","[{\"question\":\"What is the Commission on Police Practices, according to the city charter amendment?\",\"answer\":\"It is an independent investigatory body providing civilian oversight of the Police Department by independently investigating specified incidents and public complaints against police officers.\"},{\"question\":\"What must the Council include in the ordinance to implement the Commission?\",\"answer\":\"The ordinance must set the Commission’s number, term length, qualifications, and appointment method, and define the removal process and circumstances. It must also define “police misconduct” and “police officer misconduct.”\"},{\"question\":\"How do civil service appeals relate to implementing the Commission?\",\"answer\":\"Measure B added language requiring consideration of amendments to the City’s Civil Service Rules so the Civil Service Commission and the Council can conduct legally required appeals of sustained misconduct findings.\"}]","Implementation of the Commission on Police Practices - City Attorney Memorandum | PDF"]