LEGALITY

INTRODU.CED BY COUNCILMEMBER.

ORDINANCE No

11905 C. M. S.
MLMitrc/wprS _ 7/15/96

AN ORDINANCE REPEALING ORDINANCE NO. 11567 C.M.S. AND CREATING A CITIZENS' POLICE REVIEW BOARD PURSUANT TO ARTICLE VI OF THE CHARTER TO ASSIST AND ADVISE THE CITY MANAGER AND THE CITY COUNCIL WHEREAS, the Citizens' Police Review Board was established by ordinance by the City Council of the City of Oakland for the purpose of reviewing certain complaints of conduct by police officers, conducting fact-finding investigations of these complaints, and thereafter making advisory reports to the City Manager of the facts of these complaints; and WHEREAS, notions of the public accountability and procedural fairness invite expansion and refinement of the Board's jurisdiction and its processes for fact-finding and recommendations; and WHEREAS, at a Special Meeting of the City Council convened on or about April 26, 1994, the City Council determined that existing boards and commissions should be amended to incorporate uniform requirements regarding the selection of members, the duties of said members, and the general responsibilities of boards and commissions; now therefore The Council of the City of Oakland does ordain as follows: SECTION 1. Ordinance No. 11567 C.M.S. is hereby repealed, SECTION!. Creation of the Citizens' Police Review Board Pursuant to Section 601 of the Charter of the City of Oakland there is hereby created a Citizens' Police Review Board (hereafter "Board"). It shall be the duty of the Board to investigate and review certain complaints regarding the conduct of Oakland police officers and park rangers and thereafter deliver in a timely manner advisory reports to the City Manager regarding the facts of and a recommended disposition of these complaints. In addition, the Board may, consistent with the limitations set forth in section 6.C.4 of this Ordinance, recommend policy changes to the Public Safety Committee with regards to matters within its jurisdiction. SECTIONS. Membership of the Board A. Composition of the Board

The Citizens' Police Review Board shall consist of nine (9) members who shall serve without compensation. 80776-1
600-245-005 (7/83)

1. To the extent practicable, appointments to the Board shall be made in accordance with the City's affirmative action policies. 2. To the extent practicable, appointments to the Board shall reflect the geographical diversity of the City. B. Board Member Qualifications

1. The members of the Board shall be Oakland residents who have attained a minimum eighteen (18) years of age. 2. Within nine months of appointment each Board member must complete the Citizens' Police Academy and the Police Department's "ride-along" program. C. Appointment of Board Members

1. Members will be appointed as follows: recommendation by Council members, appointment by the Mayor, and confirmation by the Council. 2, Council members must submit recommendations to the Mayor for consideration at least 30 days prior to expiration of an existing board member's term. D. Term of Board Members

1. Commencing July 1, 1996, members shall be appointed to staggered terms, said terms to commence upon the date of appointment, except that an appointment to fill a vacancy shall be for the unexpired portion of the term only. 2. Length of Terms: Except for the initial appointments made immediately following passage of this Ordinance which may be for a lesser term of one (1) year in order to establish staggered terms pursuant to subsection A, all appointments shall be for a period of two (2) years. 3. Limit on Consecutive Terms: Commencing with the effective date of this Ordinance, no person shall be appointed to serve more than two (2) consecutive terms as a member of the Board. Members sitting on the effective date of this Ordinance shall not be appointed to serve more than (1) additional consecutive term as a member of the Board. 4. In the event an appointment to fill a vacancy has not occurred by the conclusion of a Board member's term, that member may continue to serve as a member of the Board during the subsequent term in a holdover capacity for a period not to exceed one year, to allow for the appointment of a Board member to serve the remainder of said subsequent term.

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E.

Elections of Officers and Meetings

The Board shall elect a chairperson and vice chairperson from its members. These members shall serve in such capacity for a period of one (1) year from the effective date of this Ordinance, except that in the event of a vacancy, the duly elected member shall serve in the capacity for the remainder of the term. The Board shall meet at least once each month at an established time suitable for its purpose. Such meetings shall be designated regular meetings. Meetings called by the chairperson and meetings scheduled for a time or place other than for regular meetings shall be designated special meetings. Written notice of special meetings shall be given to the City Clerk, Board members, the Council and the press at least twenty-four (24) hours before the meeting is scheduled to convene. F. Removal of Board Members

A member may be removed pursuant to Section 601 of the City Charter for, among other things, a conviction of a felony, misconduct, incompetence, inattention to or inability to perform duties. To assure participation of Board members, attendance by the members of the Board at all regularly scheduled and special meetings of the Board shall be recorded, and such record shall be provided semi-annually to the Office of the Mayor for review. Absence of a Board member from three (3) consecutive regular meetings or from five (5) regular meetings in a calendar year shall constitute cause for removal. SECTION 4. Vacancies A vacancy on the Board will exist whenever a member dies, resigns, or is removed or whenever an appointee fails to be confirmed by the Council within thirty (30) days of recommendation. SECTION 5. Jurisdiction of the Board The jurisdiction of the Board shall be as follows: A. (1) The Board may exercise concurrent (with the Director of Police Services) original jurisdiction over individuals' complaints against police officer's or park rangers* use of excessive force, or communication of bias based upon an individual's legally protected status (race, gender, national origin, religion, sexual orientation or disability). The Director of Police Services shall be empowered to investigate such complaints concurrently with the Board and make a determination thereon. (2) All complaints falling within the concurrent original jurisdiction of the Board must be filed with the Board within one hundred and twenty (120) days of the incident complained of, A complaint may be filed by the individual or by his/her representative so designated in writing by the complainant The filing of a complaint pursuant to this Ordinance

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does notconstitute the filing of a tort claim against the City of Oakland pursuant to California Government Code section 900 et. seq. B. (1) With the exception of complaints over which the Board has concurrent original jurisdiction, the Board shall have supplemental jurisdiction over all other complaints (including any complaint of excessive force or bias a complainant may elect to file initially with the Police Department )as follows: If after filing a complaint with the Police Department, the Police Department has either failed to complete its investigation within ninety (90) days from the date of filing or if the individual is dissatisfied with the investigative disposition, the individual may then file a complaint with the Board. The Police Department shall give each individual who files a complaint with it notice of this provision and the time lines set forth below. (2) All complaints falling within the supplemental jurisdiction of the Board must be filed with the Board within thirty (30) days from either (a.) the date of the Director of Police Services disposes of the complaint, or (b.) the expiration, without disposition, of ninety (90) days from the date of the initial filing of the complaint with the Department, SECTION 6. Rules and Procedures A. Adoption of Rules

The Board shall, in consultation with the City Manager and the City Attorney, and with the approval of the City Council, establish rules and procedures, except as provided herein, for the conduct of its business. B. Voting Requirements

The affirmative vote of five (5) members of the Board shall be required for the adoption of any motion or resolution with regard to recommendations for findings or discipline against an officer, or for policy recommendations, or for any actions affecting the Police Department. Motions on all other matters, not otherwise established herein, may be approved by a majority of those Board members present. C. Reports bv the Board

1. The Board shall make its reports and recommendations in writing unless otherwise directed by the City Council. 2. All reports and recommendations regarding proposed discipline of a police officer or ranger shall be sent in writing to the City Manager. After careful consideration the City Manager shall respond in writing to the Board as to whether or not the recommendations were implemented as recommended, implemented with modifications, or not implemented and the reasons therefore.

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3. No less than twice each year the Board shall issue a detailed statistical report to the Public Safety Committee regarding complaints filed with the Board, the processing of these complaints and their dispositions. 4 The Board may on a quarterly basis recommend in writing policy changes with regards to matters within its original jurisdiction and on an annual basis with regard to any other matter within its supplemental jurisdiction.

D.

Board Committees

City Council approval must be obtained prior to the creation of any standing committee of the Board. A proposal to create a standing committee of the Board must include information regarding the costs associated with staffing the standing committee, and the costs of complying with noticing and reporting requirements resulting from the establishment of any such standing committee of the Board. E. Staff to the Board

1. The Board shall be assisted by a staff of civilian investigators) (hereafter "Board's investigator") who shall work in the Office of the City Manager. 2. A representative of the City Attorney licensed to practice law in the State of California shall be assigned to serve the Board when the Board is receiving testimonial evidence or receiving evidence that could lead to an adverse factual finding or recommendation for discipline. The Board's attorney shall not in the regular course of his her legal practice defend law enforcement officers. The Board's attorney shall not participate in, nor serve as counsel to the City or any of its Council members or employees in defense of any law suit arising from the incident(s) that is before the Board. F. Pre-Hearing Processing and Investigation of Complaints

1. Individual complaints filed with the Board shall be received and individuals shall be interviewed at a location other than the Police Administration Building or any satellite station thereof. .

2. Copies of all complaints filed with the Board shall be forwarded immediately to the Director of Police Services. 3. If the Board, or assigned staff so authorized, determines upon initial review that the complaint does not fall within the jurisdiction of the Board or is untimely, the complaint shall be referred to the Director of Police Services for appropriate investigation and disposition.

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4. The Chief shall order all officers subject to subpoena (as set forth in Section G.2. below) to fully cooperate with the Board's investigator either, at the election of the officer, by authorizing release of any and all statements the officer provided to the Police Department in its investigation of the below- mentioned complaint or by responding directly to the Board investigator's inquiries. 5. All records of the Police Department relating to the incident which gave rise to the complaint that is being investigated by the Board, with the exception of personnel records, or other privileged records, shall be made available to the Board through its investigator within the restrictions of applicable federal, state, local law and appropriate contractual agreements, G. Hearings

1. The Board's attorney and other staff members as needed, shall train the Board in basic principles of due process and administrative hearing procedures. 2. The Board shall have the power to subpoena civilian witnesses, and those police officers and park rangers who are identified in a complaint as having engaged in or witnessed conduct whose review is within the original or supplemental jurisdiction of the Board, 3. It shall be the sole and exclusive responsibility of the Board's attorney to determine the order and conduct of any public hearing conducted pursuant to this Ordinance and to rule on the admissibility of any evidence in any hearing which may lead to an adverse finding of fact or recommendation for discipline against a police officer, provided that the Board by motion may, by six (6) votes, overrule any ruling under this provision made by the Board's attorney. 4. The hearing may follow an informal hearing procedure consistent with accepted practices of administrative procedure. Board members, the Board's attorney, and the Board's investigator may question all witnesses. The officer who is the subject of the complaint or the officer's representative will be allowed reasonable cross examination of the complainant and witnesses and the complainant or the complainant's representative will be allowed reasonable cross-examination of the officer and witnesses. 5. The burden shall be placed upon the complainant to prove, by a preponderance of the evidence, the allegation(s) of the complaint. 6. The Board's attorney may at the request of the Board assist it in formulating factual findings and legal conclusions but shall have no voting role in any Board action. 7. Prior to the Board's making any findings or recommendations, the Board's attorney with the assistance of the Police Department staff, as needed, shall instruct the Board on the Police Department's applicable rules, orders, and regulations and law. The Board shall take into account all pertinent City and Police Department rules and regulations and orders in making its findings and recommendations.

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8. The Board shall have a goal of completing its fact finding and conclusions on an individual complaint within sixty days from the date of its filing with the Board. In those instances where the goal cannot be achieved, the Board shall assure that the complainant receives notification of the status of the disposition initially upon the expiration of sixty days following the registration of the complaint and every sixty (60) days thereafter until disposition. The written results of the Board's findings and recommendation(s) shall be forwarded to the City Manager for his or her consideration. 9. If, after the appropriate investigation and upon the recommendation of staff, the Board may dismiss a complaint without hearing it if it concludes that a hearing would not facilitate the fact-finding process and that no good cause is shown for further action. SECTION?. Mediation Upon the consent of the complainant and the officer against whom a complaint is filed, a civilian investigator and/or the Board's attorney, is authorized to mediate a final and binding resolution of any complaint in accordance with the Board's established rules and procedures. SECTION 8. Effective Date This Ordinance shall take effect upon the date of passage.

jmc\ordinance

introducedJUN 2 5 1996
IN COUNCIL, OAKLAND, CALIFORNIA, PASSED BY THE FOLLOWING VOTE: AYES- DAYTON, CHANG, DE LA FUENTE, JORDAN, MILEY, RUSSO, SPEES, WOODS-JONES, and PRESIDENT HARRIS NOES-NONE ABSENTABSTENTION- NONE
f\ 1 1 d-C^ I **

JUL 3 0 1996

19

-7600-243 (1/95)

s^r-^-T*-*. + ^r**/!/ FLOYD x^S / Cityicierk and Clerk of the Cobncil, of the City of Oakland, California
1 " 1 >_ . . * =ii ^f^f _^^f JHJ _^

APPROVED AS TO FORM AND LEGALITY INTRODUCED BY COUNC1LMEMBER.

CITY ATTORNEY

ORDINANCE No. ll%5

C. M. S.

MLM:trc AN ORDINANCE REPEALING ORDINANCE NO. 11567 C.M.S. AND CREATING A CITIZENS' POLICE REVIEW BOARD PURSUANT TO ARTICLE VI OF THE CHARTER TO ASSIST AND ADVISE THE CITY MANAGER AND THE CITY COUNCIL WHEREAS, the Citizens' Police Review Board was established by ordinance by the City Council of the City of Oakland for the purpose of reviewing certain complaints of conduct by police officers, conducting fact-finding investigations of these complaints, and thereafter making advisory reports to the City Manager of the facts of these complaints; and WHEREAS, notions of the public accountability and procedural fairness invite expansion and refinement of the Board's jurisdiction and its processes for fact-finding and recommendations; and WHEREAS, at a Special Meeting of the City Council convened on or about April 26, 1994, the City Council determined that existing boards and commissions should be amended to incorporate uniform requirements regarding the selection of members, the duties of said members, and the general responsibilities of boards and commissions; now therefore The Council of the City of Oakland does ordain as follows: SECTION!. Ordinance No. 11567 C.M.S. is hereby repealed. SECTION 2. Creation of the Citizens1 Police Review Board Pursuant to Section 601 of the Charter of the City of Oakland there is hereby created a Citizens' Police Review Board (hereafter "Board"). It shall be the duty of the Board to investigate and review certain complaints regarding the conduct of Oakland police officers, park rangers, and correctional officers; and thereafter deliver in a timely manner advisory reports to the City Manager regarding the facts of and a recommended disposition of these complaints. In addition, the Board may on a quarterly basis recommend policy changes to the Public Safety Committee with regards to matters within its original jurisdiction and may recommend policy changes to the public safety committee annually on all matters within its supplemental (appellate) jurisdiction.

79382-1

600-245-005 (7/83|

SECTIONS. Membership of the Board A. Composition of the Board

The Citizen's Police Review Board shall consist of nine (9) members who shall serve without compensation. 1. To the extent practicable, appointments to the Board shall be made in accordance with the City's affirmative action policies. 2. To the extent practicable, appointments to the Board shall reflect the geographical diversity of the City. B. Board Member Qualifications

1. The members of the Board shall be Oakland residents who have attained a minimum eighteen (18) years of age. 2. Within nine months of appointment each Board member must complete the Citizen Police Academy and the Police Department's "ride-along" program. C. Appointment of Board Members

1. Members will be appointed as follows: recommendation by Council members, appointment by the Mayor, and confirmation by the Council. 2. Council members must submit recommendations to the Mayor for consideration at least 30 days prior to expiration of an existing board member's term. D. Term of Board members

1. Commencing July 1, 1996, members shall be appointed to staggered terms, said terms to commence upon the date of appointment, except that an appointment to fill a vacancy shall be for the unexpired portion of the term only. 2. Length of Terms: Except for the initial appointments made immediately following passage of this Ordinance which may be for a lesser term of one (1) year in order to establish staggered terms pursuant to subsection A, all appointments shall be for a period of two (2) years. 3. Limit on Consecutive Terms: Commencing with the effective date of this Ordinance, no person shall be appointed to serve more than two (2) consecutive terms as a member of the Board. Members sitting on the effective date of this Ordinance shall not be appointed to serve more than (1) additional consecutive term as a member of the Board.

78669-1

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4. In the event an appointment to fill a vacancy has not occurred by the conclusion of a Board member's term, that member may continue to serve as a member of the Board during the subsequent term in a holdover capacity for a period not to exceed one year, to allow for the appointment of a Board member to serve the remainder of said subsequent term. E. Elections of Officers and Meetings

The Board shall elect a chairperson and vice chairperson from its members. These members shall serve in such capacity for a period of one (1) year from the effective date of this Ordinance, except that in the event of a vacancy, the duly elected member shall serve in the capacity for the remainder of the term. The Board shall meet at least once each month at an established time suitable for its purpose. Such meetings shall be designated regular meetings. Meetings called by the chairperson and meetings scheduled for a time or place other than for regular meetings shall be designated special meetings. Written notice of special meetings shall be given to the City Clerk, Board members, the Council and the press at least twenty-four (24) hours before the meeting is scheduled to convene. F. Removal of Board Members

A member may be removed pursuant to Section 601 of the City Code for, among other things, a conviction of a felony, misconduct, incompetence, inattention to or inability to perform duties. To assure participation of Board members, attendance by the members of the Board at all regularly scheduled and special meetings of the Board shall be recorded, and such record shall be provided semi-annually to the Office of the Mayor for review. Absence of a Board member from three (3) consecutive regular meetings or from five (5) meetings in a calendar year shall constitute cause for removal. SECTION 4. Vacancies A vacancy on the Board will exist whenever a member dies, resigns, or is removed or whenever an appointee fails to be confirmed by the Council within thirty (30) days of recommendation. SECTIONS. Jurisdiction of the Board The jurisdiction of the Board shall be as follows: A. The Board may exercise concurrent (with the Director of Police Services) original jurisdiction over citizens' complaints against police officers, park rangers, or correctional officers use of excessive force, or communication of bias based upon a citizen's legally protected status (race, gender, national origin, religion, sexual orientation or disability). The Director of Police Services shall be empowered to investigate such complaints concurrently with the Board and make a determination thereon.

78669-1

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B. (1) With the exception of complaints over which the Board has concurrent original jurisdiction, the Board shall have supplemental jurisdiction over all other citizen's complaints provided that if after the citizen's filing of a complaint with the Police Department, the Police Department has either failed to complete its investigation within 120 days or if the citizen is dissatisfied with the investigative disposition, the citizen may then file a timely complaint on these supplemental matters with the Board. The Police Department shall give each citizen who files a complaint with it notice of this provision and the time lines set forth below. (2) All complaints falling within the concurrent original jurisdiction of the Board must be filed with the Board within ninety (90) days of the incident complained of. (3) All complaints falling within the supplemental jurisdiction of the Board must be filed with the Board within thirty (30) days from either (a.) the date of the Director of Police Services disposition of the complaint, or (b.) the expiration, without disposition, of one hundred and twenty (120) days from the date of the initial filing of the complaint with the Department. SECTION 6. Rules and Procedures A. Adoption of Rules

The Board shall, in consultation with the City Manager and the City Attorney, and with the approval of the City Council, establish rules and procedures, except as provided herein, for the conduct of its business. B. Voting Requirements

The affirmative vote of five (5) members of the Board shall be required for the adoption of any motion or resolution with regard to recommendations for findings or discipline against an officer, or for policy recommendations, or for any actions affecting the Police department. Motions on all other matters, not otherwise established herein, may be approved by a majority of those Board members present. C. Reports by the Board

1. The Board shall make its reports and recommendations in writing unless otherwise directed by the City Council. 2. All reports and recommendations regarding proposed discipline of a police officer, ranger or correctional officer shall be sent in writing to the City Manager. After carefiil consideration the City Manager shall respond in writing to the Board as to whether or not the recommendations were implemented as recommended, implemented with modifications, or not implemented and the reasons therefore.

78669-1

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3. The Board shall annually submit a status report to the Public Safety Committee summarizing the accomplishments of the Board and any policy recommendations the Board may wish to make. 4. In addition, no less than twice each year the Board shall issue a detailed statistical report to the Public Safety Committee regarding complaints filed with the Board, the processing of these complaints and their dispositions. D. Board Committees

City Council approval must be obtained prior to the creation of any standing committee of the Board. A proposal to create a standing committee of the Board must include information regarding the costs associated with staffing the standing committee, and the costs of complying with noticing and reporting requirements resulting from the establishment of any such standing committee of the Board. E. Staff to the Board

1. The Board shall be assisted by a staff of civilian investigators) (hereafter "Board's investigator") who shall work in the Office of the City Manager. 2. A representative of the City Attorney licensed to practice law in the State of California shall be assigned to serve the Board when the Board is receiving testimonial evidence or receiving evidence that could lead to an adverse factual finding or recommendation for discipline. The Board's attorney shall not in the regular course of his her legal practice defend law enforcement officers. The Board's attorney shall not participate in, nor serve as counsel to the City or any of it's Council members or employees in defense of any law suit arising from the incident(s) that is before the Board. F. Pre-Hearing Processing and Investigation of Complaints

1. Citizen complaints filed with the Board shall be received and citizens shall be interviewed at a location other than the Police Administration building or any satellite station thereof. 2. Copies of all complaints filed with the Board shall be forwarded immediately to the Director of Police Services. 3. If the Board, or assigned staff so authorized, determines upon initial review that the complaint does not fall within the jurisdiction of the Board or is untimely, the complaint shall be referred to the Director of Police Services for appropriate investigation and disposition. G. Hearings

1. The Board's attorney, and other staff members as needed, shall train the Board in basic principles of due process and administrative hearing procedures.

78669-1

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2. The Board shall have the power to subpoena civilian witnesses, park rangers, correctional officers and those police officers who are identified in a complaint as having engaged in or witnessed conduct whose review is within the original or supplemental jurisdiction of the Board. In addition, the Chief shall order all officers subject to subpoena to fully cooperate with the Board's investigator either, at the election of the officer, by authorizing release of any and all statements the officer provided to the Police Department in its investigation of the aforementioned complaint or by responding directly to the Board investigator's inquiries. 3. It shall be the sole and exclusive responsibility of the Board's attorney to determine the order and conduct of any public hearing conducted pursuant to this Ordinance and to rule on the admissibility of any evidence in any hearing which may lead to an adverse finding of fact or recommendation for discipline against a police officer, provided that the Board by motion may by six (6) votes overrule any ruling under this provision made by the Board's attorney. 4. The hearing may follow an informal hearing procedure consistent with accepted practices of administrative procedure. Board members, the Board's attorney, and the Board's investigator may question witnesses. The officer who is the subject of the complaint or the officer's representative will be allowed reasonable cross examination of the complainant and the complainant or the complainant's representative will be allowed reasonable cross-examination of the officer. 5. All records of the Police Department relating to the incident which gave rise to a complaint that is being reviewed by the Board, with the exception of personnel records, shall be made available to the Board within the restrictions of applicable federal, state, local law and appropriate contractual agreements. 6. The burden shall be placed upon the complainant to prove, by a preponderance of the evidence, the allegations) of the complaint, 7. The Board's attorney may at the request of the Board assist it in formulating factual findings and legal conclusions but shall have no voting role in any Board action. 8. Prior to the Board's making any findings or recommendations, the Board's attorney with the assistance of the Police Department staff, as needed, shall instruct the Board on the Police Department's applicable rules, orders, and regulations. The Board shall take into account all pertinent City and Police Department rules and regulations and orders in making its findings and recommendations. 9. The Board shall have a goal of completing its fact finding and conclusions on an individual complaint within sixty (60) days from the date of its filing with the Board. In those instances where the goal cannot be achieved, the Board shall assure that the complainant receives notification of the status of the disposition each sixty (60) day period following the registration of the complaint. The written results of the Board's findings and recommendation(s) shall be forwarded to the City Manager for his or her consideration.

78669-1

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10. If, after the appropriate investigation and upon the recommendation of staf the Board may dismiss the complaint without hearing it if it concludes that a hearing would not facilitate the fact-finding process and that no good cause is shown for further action. SECTION?. Mediation With the consent of the complainant and the officer against whom a complaint is filed, a civilian investigator of the Board is authorized to reach a resolution of any complaint in lieu of any Board action. SECTION 8. Effective Date This Ordinance shall take effect July 1, 1996. jmc\ordinance

/ certify that ike foregoing is afuU, true and correct copy of an Ordinance passed by the City Council of the City of Oakland, California on

CEDA FLOYD Oty Clerk Per , Deputy.

Memorandum of Understanding between the City of Oakland and the Oakland Police Officers1 Association Re: Citizens' Police Review Board

July 31, 1996-June 30, 1998

MOU - CPRB

Whereas, the parties to this agreement, the City of Oakland and the Oakland Police Officers' Association (OPOA) desire to improve police-community relations; and Whereas, both parties desire to reach an accommodation between the interests of fact-finding and the rights and interests of employees in confidentiality; i Therefore, it is agreed as follows: 1. This agreement shall cover City of Oakland employees officially designated to be members of Representation Unit P - sworn police officers, represented by the Association. The parties acknowledge that they have met and conferred in good faith in accordance with the Meyers-Milias-Brown Act and the Charter of the City of Oakland. 2. The OPOA waives whatever rights it has to object to the revelation of documents and reports of the Professional Standards Section (PSS), in the manner as hereafter described, whether such rights exist under the California Evidence Code, the Penal Code, or otherwise. 3. The OPOA waives any rights it has to meet and confer further concerning the continuation or existence of a Citizens' Police Review Board (CPRB) as said CPRB is established, implemented, and constructed, in terms of its constitution, powers, and procedures, in a proposed ordinance to be submitted to the Oakland City Council, a true and correct copy of which is attached hereto and is hereby incorporated herein by reference. The waiver of rights by the OPOA contained in paragraphs 2, 3, and 7, and all other commitments contained herein by the OPOA shall cease if said ordinance is changed or not adopted. Moreover, if the City proposes to change such ordinance, the waiver of any meet and confer rights of the OPOA under the Meyers-Milias-Brown Act or under the Charter shall cease. 4. The PSS reports and documents described herein, which may be revealed to members of the CPRB for their examination, are to be those PSS documents gathered or drafted to deal with the same, specific incident being investigated by the CPRB. No PSS documents pertaining to prior or other incidents are to be revealed. 5. PSS documents for the purposes of this agreement include complaints made to PSS, statements of witnesses made to PSS, statements of police officers made to PSS, any other raw data or evidence provided to PSS dealing with the incident in question, as well as any summaries, reports, or descriptions developed by PSS personnel themselves. PSS documents pertaining to an incident, as described above, may be turned over to members of the CPRB under the following conditions:

MOU - CPRB

_____

A. The PSS documents may be copied for purposes of CPRB examination as described herein by the custodian of records of PSS, accompanied by an OPOA observer. All documents, and copies thereof as described herein, are to be paginated, with each page carrying the designation, for example, of "1 of 25"... "23 of 25", ... and so on. B. The original and all copies are to remain in the possession of the custodian of records of PSS, and are never to leave his/her possession except when being examined by members of the CPRB, and then only under the conditions described herein. C. The documents are to be examined by members of the CPRB in the same room as the custodian of records from PSS and an observer among themselves, out of earshot of the PSS representative and the OPOA observer, but the PSS documents and copies thereof, are not to leave the sight of the PSS representative and OPOA observer. Notes of a genera! (non-verbatim) nature may be taken by members of the CPRB for purposes of review and discussion later, except that such notes shall also be subject to the confidentiality provisions and commitments of this Memorandum of Understanding. D. Each document distributed to members of the CPRB shall be identified as being the document of the particular member to whom it is distributed, and such copies shall be collected by the PSS representative immediately after review by the CPRB members involved. If CPRB members need to review the PSS documents on another occasion, the PSS documents (again including copies) shall be returned to the PSS custodian of records and maintained in his possession until such next meeting. When and if CPRB returned to the custodian of records from PSS, who shall then immediately destroy all copies made for use by the CPRB members, in the presence of the OPOA observer. E. The contents of all PSS documents are to be kept confidential by the CPRB, and its members. This obligation of confidentiality shall extend to staff personnel assigned to the CPRB by the City Manager or the City Attorney. The contents may be discussed in a closed deliberative meeting of CPRB members, but shall not be revealed to members of the general public, the media, or any other person or body, except by way of communication, oral or written, again to be confidential, to the Office of the City Manager or the Director of Police Services. Any confidential communication under this MOU to the City Manager or Director of Police Services shall be supplemental to any report or recommendation referenced in the ordinance. Any communication from the City Manager or the Director of Police Services in response to said supplementary confidential communication shall, in turn, be confidential and supplemental to any reports, or responses by the City Manage required by the ordinance. This commitment of

MOU - CPRB

confidentiality does not preclude the CPRB or its members from issuing any report, conclusions or recommendations to the general public which do not reveal information or facts obtained from the PSS documents. This commitment of confidentiality specifically includes any communications that might be made to parties, witnesses or members of the general public at CPRB hearings. F. Employees represented by the OPOA whose records are contained in such PSS documents, or whose names, actions, or omissions are described therein, are third-party beneficiaries of the commitments made under this MOU. Such beneficiaries may seek whatever relief is appropriate before the appropriate forum, for violations of this agreement. If there is a violation of this agreement, the prevailing party, including third-party beneficiaries, shall receive reasonable attorney's fees. 6. Members of the CPRB, prior to officially assuming their duties, shall sign an agreement indicating their awareness of the terms of this MOU, their willingness to abide by its terms, and their willingness to carry out the commitments of confidentiality contained herein. Such agreement shall be in the form of an exhibit which is attached hereto and incorporated herein by reference. Copies of such agreements shall be forwarded to the OPOA for its records, prior to the assumption of duties by the CPRB members. 7. The OPOA waives any rights it may have to object to the revelation to CPRB members (or members of a similar body), in the manner herein described of nonpersonnel records" (as defined in appropriate Penal Code and Evidence Code Sections), whether those rights arise under the Penal Code, Evidence Code, or otherwise. Provided also there may be no challenge to the documents released pursuant to paragraph nine (9) of this agreement. 8. The OPOA will furnish to the Police Department sufficient names of OPOA representatives (observers) as described herein such that cost to the City may be minimized by having such officer act as an observer during his/her normal on-duty shift. 9. It is understood that an officer may waive confidentiality by authorizing release of any and all statements provided by him/her to the Professional Standards Section, and the aforementioned provisions of paragraph five (5) shall not apply to such waiver. 10. The parties contemplate that the representative from the Office of the City Attorney referenced in Section 6 (E) of the attached ordinance will act in a quasi-judicial manner and the Board will solely find fact, draw conclusions, and make recommendations consistent therewith. The roles are generally analogous to a judge and jury, respectively. The representative (attorney) from the City Attorney's office may determine as "out of order" or as inappropriate statements by complainants, officers, their representatives,

MOU - CPRB

witnesses, or members of the Board, or any other person present at the hearing. 11. Neither the City Council collectively as a body nor any City Official, employee, or agent acting in the course and scope of his/her employment, agency or office, shall directly or indirectly, support any initiative (Charter or otherwise) to alter, amend, or create a substitute for the CPRB as it existed as of July 31, 1996.
4 f

12. The term of this agreement shall be from July 31, 1996 to June 30, 1998 except as follows: The terms of this agreement shall not be binding upon the parties if the CPRB as described in the attached ordinance ceases to exist and as long as no similar body replaces it.

CITY OF OAKLAND, a municipal corporation

OAKLAND POLICE OFFICERS' ASSOCIATION

JIM McCORMICK Employee Relations Officer

BOB VALLADON President

Date

Date

EXHIBIT
Agreement to abide by terms of the MEMORANDUM OF UNDERSTANDING and confidentiality provisions thereof. 1, , have read and am familiar with the terms and commitments of an MOU between the City of Oakland and the Oakland Police Officers' Association (OPOA) effective July 31,1996. A copy of that agreement is attached hereto, incorporated herein, and is initialed by me on its pages. I do agree to be bound as a member of the CPRB to the commitments of CPRB members and of the City of Oakland as described in said Memorandum of Understanding.

CPRB Member's Signature

Date

NOTE: This exhibit is signed by all members of the Citizens' Police Review Board to acknowledge that the member is familiar with the MOU, agrees to abide the terms of the MOU and its confidentiality provisions.

CPRB-MOU July 30,1996

Release of Statement

Pursuant to Section 6, F, (4) of the Citizen Police Review Board Ordinance, I authorize the release to the CPRB of any and all statements I have made to the Police Department relative to CPRB complaint # .

Date:

Officer's Name:

Officer's Signature