Req. #1 1279
ORDINANCE NO. 2 7 5 8 9
AN ORDINANCE relating to the Tacoma Police Department, and implementing
Resolution No. 36536, specifying the procedures for review of
2 citizen-initiated conduct complaints; creating a citizen review panel; and
amending Chapter 1.06 of the Tacoma Municipal Code by adding a new
3 Section 1.06.075, entitled "Police Department Citizen Complaint Oversight."
4 WHEREAS, on June 28, 2005, the City Council adopted
5
Resolution No. 36536, adopting the recommendations of the Human Rights
6
Commission ("Commission"), regarding citizen oversight of the Tacoma Police
7
8 Department ("TPD") and directing the City Manager to implement those
9 recommendations, and
10 WHEREAS the stated purpose of the Commission's recommendations was
11 to improve communication between the TPD and the community, build community
12 trust in the TPD, and improve police accountability, and
13
WHEREAS the cornerstones of the Commission's recommendations were
14
1 5 twofold: (1) the review of internal police investigations by an office outside of the
16 TPD that reports directly to the City Manager and (2) the creation of a citizen panel
1 7 to review the outside office's work, engage in community outreach, and conduct
18 policy review, and
19 WHEREAS, upon further review of available resources and other legal and
20
practical constraints, including the fact that some of the recommendations have
21
been implemented by creation of a Citywide Conduct Complaint Management
22
23 System, the City Council has determined that the goals set forth in the
24 Commission's recommendations are best met by implementation of the program
25 contained in this ordinance; Now, Therefore,
26
resl 1279.doc-SLG/lad
LEG 004 (11/89)
I BE IT ORDAINED BY THE CITY OF TACOMA:
2 Section 1. That Chapter 1.06 of the Tacoma Municipal Code is hereby
3 amended by adding a new Section 1.30.670, to read as follows:
4
1.06.075 Police Department Citizen-initiated Complaint Oversight.
5
A. Citizen-Initiated Conduct Complaint System. The City Manager shall
6
7 appoint a City employee who does not work for the Tacoma Police Department,
8 and who reports directly to the City Manager, to perform the following functions:
9 1. Receive and forward citizen-initiated conduct complaints to the
10 Police Department;
I 1
2. Ensure complainants are notified that their complaint has been
1 2
1 3 received and forwarded and that they are informed of all findings;
14 3. Produce statistical reports;
1 5 4. Serve as a liaison to the Citizen Review Panel;
1 6 5. Other duties related to implementation of this section, as may be
1 7 assigned by the City Manager.
4 8
Citizen Review Panel
19
B. Creation of the Panel.
20
24 1. There is created a Citizen Review Panel ("Panel"), consisting of
22 five members representing the diverse communities in the City of Tacoma.
23 Members must be residents of Tacoma. Law enforcement professionals and their
24 family members are eligible to serve, provided that no current member of the
25
Tacoma Police Department or his or her immediate family may serve.
26
2 -
resl 1279.doc-SLG/lad
94
LEG 004 (11/89)
2. Members shall be appointed by the City Council. Members shall
2 serve for three-year terms, with the first members appointed to staggered terms of
3 one, two, and three years. No member shall serve more than two consecutive
4 three-year terms, notwithstanding the initial staggered term of less than
5 three years.
6 C. Duties of the Panel.
7
The Panel shall perform the following duties:
8
9 1. Provide advice to the City Council, the City Manager, and the
10 Chief of Police on policy matters relating to the Police Department.
1 1 2. Review specific Police Department policies referred by the City
1 2 Council or City Manager, and other policies they deem appropriate, and make
13 recommendations to the Chief of Police relating to those policies.
14 3. Receive and review policy complaints from citizens. The Panel
1 5
shall not review allegations of individual officer misconduct and shall forward the
16
17 same to the Conduct Complaint Management System.
18 4. Hold regular public meetings to promote public awareness of the
19 complaint process, listen to community concerns, and hold public hearings on
20 policy matters.
21 5. The Panel shall develop a community outreach program that
22
includes, but is not limited to, a training segment for both citizens and police
23
officers regarding the complaint process and its implementation.
24
25 D. The Panel may adopt by-laws and processes for its internal
26 organization.
3 -
resl 1279.doc-SLG/lad
LEG 004 (11/89)
E. The City Manager's Office will appoint staff to support the Panel.
1
2 Section 2. To the extent that any provision of this ordinance conflicts with a
3 collective bargaining agreement, the remainder of this ordinance shall remain in
4 effect and that provision shall only be implemented to the extent that it does not
5 violate the agreement.
6 Passed F913 2 0 UP
7
Mayor
9
10 Attest:
11
1 2 City Clerk
1 3 Approved as to form:
14
1 5
Assis ant City Attorney
1 6
1 7
1 8
1 9
20
2 1
22
23
24
25
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4 -
resl 1279.doc-SLG/lad
96
LEG 004 (11/89)
CITY CLERK USE
REQUEST FOR ORI)INANCE Request T1 @@, @
Tacoma OR RESOLUTION Ordinance 4 1 a 009
Resolution
1. DATE: JANUARY 26,2007
2a. REQUESTING DEPARTMENT/DivisiON/PROGRAM 3. CONTACT PERSON (for questions): PHONE/EXTENSION
City Manager's Office Steve Gross 253-591-5638
2b. Do PASS FROM COUNCIL STANDING COMMITTEE PERSON PRESENTING (if different):
El Yes [Committee Name] N No
4. PREPARATION OF Ordinance IS REQUESTED FOR THE CITY COUNCIL MEETING OF TUESDAY February 13,
2007.
5. SUMMARY TITLE/RECONIMENDATION: (A concise sentence, as it will appear on the Council agenda.)
Ordinance to formally implement recommendations made by the Human Rights Commission and Police
Accountability Workgroup by creating a Police Review Panel and identifying the role designated as
"Auditor" by the recommendation.
6. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
The City Council adopted the recommendation of the Human Rights Commission by Resolution Number
36536 and directed the City Manager to implement. This ordinance creates and clarifies the role of the
Citizen Review Panel. It also formalizes the role that the original recommendation labeled as Auditor and
eliminates conflicts with past practice that is protected by existing labor contracts.
7. FINANCIAL IMPACT:
A. M No
B. F-1 YES,OVER$100,000.Fiscalnoteattached.
C. F] YES, UNDER $100,000. Provide funding source information below.
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ City $ Other Total Amount
If an expenditure, is it budgeted? D Yes F-1 No Where? Cost Center:
Acct #:
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
City Manager Memo dated February 1, 2007 City Clerk's Office
Citizen Review Implementation Matrix City Clerk's Office
Resolution 36563 and related material City Clerk's Office
9. ATTORNEY CONTACT: (Enter name of attorney with whom you've been working.)
Steye@ Gros A j 97
1 P
10. D @y Division Approval Finance Director Approval al
c. @docwnents and settingsl thayvard@ my docriineitts\taiisy's documents\conduct complaint process, 2006\police\police revieiv panel@police review panel.doc Office of the City Clerk (01107)
Ordinance No. 27589
First Reading of Ordinance: FER 1 3 2007
'-EB 2 0 200?
Final Reading of Ordinance:
Passed: FEB 2 0 2007
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr.Evans
Mr. Fey
Ms. Ladea@@@
Mr. Lonergan
Mr. Manthou
Mr. Stenger X'
Mr. Talbert
Mayor Baarsma
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr.Evans
Mr. Fey
Ms. Laden@@@
Mr; Lonergan
Mr. Manthou
Mr. Stenqer
Mr. Talbert
I Mayor Baarsma
g: @cityclk@cityclk@forms\ord-roll. doc