Police Oversight Panel Gets Final Council OK

It’s now official – Pasadena has approved a Community Police Oversight Commission and an independent auditor to watch over the PPD.

As of yet, however, the 11-member commission has no members and the auditor has not been named. Just how the City Council will fill those spots, and with what transparency, will be questions addressed in the coming days and weeks.

Still, a new era began Monday as the council unanimously approved the second reading of an ordinance amending various provisions of the Municipal Code – making the much-discussed and debated police oversight apparatus a reality.

It comes after past efforts for civilian oversight in Pasadena failed. This time, however, the issue gained traction and urgency following the police-involved deaths of George Floyd in Minneapolis and Breonna Taylor in Louisville, Ky., and then the Aug. 15 shooting death of Anthony McClain by Pasadena police.

“It is not exactly what the community asked for, but it’s definitely a lot better than where we started,’’ said Vice Mayor Tyron Hampton, who, in an effort to give the oversight model significant teeth, had pushed in previous meetings for the commission and auditor to operate separate from the city manager, who also oversees the police.

Following lengthy council meetings on Aug. 24 and Sept. 21, the council ultimately decided to place the commission and auditor under the aegis of the city attorney. In addition, both the commission and the auditor will have limited subpoena powers.

After those earlier marathon council sessions that at times got heated, Monday’s dive across the finish line proved a perfunctory process, passing by an 8-0 margin with little comment from councilmembers, other than Hampton inquiring about some particulars of the subpoena powers the commission and auditor will possess.

But expect the discussions to get more detailed in the coming days and weeks as council members begin finalizing the process of appointing commissioners and hiring an auditor – a process that Mayor Terry Tornek has stressed needs particular transparency, given the sensitivity of the subject.

That process begins in earnest on Wednesday, when the council’s Public Safety Committee is scheduled to meet.

Item 1 on the Safety Committee’s agenda: “Discussion of potential process for appointment of members of Community Police Oversight Commission.”

What is locked in – what those future discussions will build upon — is that council members from each of the city’s seven districts will nominate a commissioner, and the mayor will nominate another.
In addition, three at-large commissioners from “community-based” groups will be nominated. The council will have final approval on all the commissioners and the auditor.
Nominees will need to be city residents, though not necessarily residents of the particular district of the nominating councilmember. Another goal is for at least 50 percent of the commission’s appointees be women.

In addition, practicing attorneys would not be able to serve if they or their firm or entity currently have pending criminal or civil cases involving Pasadena police officers. There has also been discussion about whether current or former police officers would be eligible to serve on the commission, and that’s a debate that will be revisited.

Commissioners’ terms will be for three years, and staggered.

“The initial members shall be appointed to terms of one, two, and three years, respectively,’’ the now-approved ordinance says. “Four members shall be appointed to serve a three-year term; four members shall be appointed to a two-year term; and the remaining members shall be appointed to a one-year term. Thereafter, all members shall serve a term of three years.

“Members shall serve no more than two consecutive terms,’’ the ordinance goes on to say. “A term of less than one year shall not be considered a full term. Terms expire on June 30th of the applicable years. A member shall continue in office for the term for which he/she was appointed or until his/her successor is appointed. No member who has served two consecutive terms shall be eligible for reappointment to the commission prior to the passage of a two-year interval.’’

Meanwhile, the independent auditor, according to City Attorney Michele Beal Bagneris’ staff report, will have a range of responsibilities, including the power to review use of force and bias complaints.

“(The auditor),’’ Bagneris’ report says, “would (a) review all categorical uses of force by Police Department personnel to assess whether the investigation into the use of force was complete, thorough, objective, and fair; (b) review investigations of personnel complaints of bias-based policing; and (c) issue public reports and give public presentations to the commission regarding Police Department operations, to the extent allowed by law.’’

However, the auditor “may not play a role in personnel matters … due to (City) Charter limitations that establish Pasadena’s Council-Manager form of government.

“Finally, the ordinance allows for the commission and the independent police auditor to have certain subpoena authority to carry out their functions, where necessary,’’ the report adds.