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Police Oversight Could Come to Council by August 3

Published on Monday, July 13, 2020 | 4:40 am
 
Pasadena Police Dept. headquarters. Image courtesy City of Pasadena

Mayor Terry Tornek said he may bring police oversight to the city council sooner than originally expected.

Last week, the Pasadena Public Safety Committee (PSC) discussed preparing a November 3rd ballot measure that could create a civilian review board to investigate complaints by members of the public concerning police misconduct.

Originally the council was set to deliberate the issue by Aug. 10 after the PSC asked staff to come back within 60 days after studying oversight models.

However, a need to change the City Charter could force the issue to go before the city council on Aug. 3.

“I committed to people that I bring something to the council by August 10, we’re on target to do that,” Tornek said. “We may have to actually move it up a week because there’s a concern about potential for charter modification, which means that we’d have to vote on August 3. August 10th would be too late. And so I’m going to even accelerate the schedule ahead of the 60 days that I committed to.”

The Aug. 3 deadline would allow the council to place a measure on the ballot and fulfill the city’s mandate allowing local residents to vote on changes to the city’s charter.

Section 2.295.050 of the Pasadena City Code, currently gives the police chief three options for review commissions—a use of force review board, a disciplinary board, and a risk management review board. The section also gives the chief of police his own discretion on referring a matter to review boards.

The code does not “expressly authorize review boards to (a.) initiate or conduct investigations; (b.) play a role in the development of police policies and procedures and, or ; (c.) utilize a budget to have staff or consultants to perform a portion of the board’s work.

According to the Charter only the City Manager, City Attorney and City Clerk report to the city council. If the council decides to hire an independent auditor that is hired by the council that could also require a change to the city’s charter.

There is already some precedent for the establishment of a civilian review board, based on a 1994 opinion from the city attorney. That decision concluded that the police chief has the authority to appoint members of the community to a police board. The council, meanwhile, may only select nominees to a Citizen’s Police Academy.

This the first time the city has seriously considered civilian oversight of the police department. Past efforts were shot down almost immediately due to a super majority of council members that opposed the idea.

Calls for a civilian accountability date back to death of Pasadena barber Michael Bryant in 1993.

Bryant died after being electrocuted with Taser darts while standing in a swimming pool. Bryant had led officers from LA, Pasadena and San Marino on a chase to Highland Park before leaving his car, running up a hill, jumping into a swimming pool and then being surrounded by officers while standing waist-deep in the water.

After he was Tasered and taken into custody, he was hogtied and placed face down in a police car where he suffocated. Bryant, who was overweight, died as a result of positional asphyxiation due to cocaine intoxication and being placed face down in the back seat of a squad car.

That incident happened one year four officers the Los Angeles Police Department were caught on tape brutally beating Pasadena resident Rodney King, which led to days of rioting mostly centered in Los Angeles.

This year, riots, but mostly peaceful protests began after    George Floyd died at the hands of police in Minnesota. Floyd’s death has sparked conversation on race, defunding police and accountability across the country, including Pasadena.

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