Public Safety Committee Focuses on Police Oversight Ballot Measure

Pasadena’s Public Safety Committee Wednesday discussed preparing a November 3 ballot measure which if approved by voters would create a civilian review board to investigate complaints by members of the public concerning misconduct by police.

“The only true way to get something true civilian oversight of the police department, which the people have been asking for, for a long time,” said committee member Vice Mayor Tyron Hampton, who “would be to get something on the ballot.”

Committee Chair John Kennedy then asked Mayor Terry Tornek how the Council could create something “more robust” than what the city now has, perhaps along the lines of an independent auditor.

“I’ve been thinking about that,” said the mayor.

Tornek said that modifying the city charter is “something quite extraordinary and takes very careful thought and active public discussion.”

But Tornek also said it may be premature to try to push for the reform, when the particulars are yet to determined.

“The problem I’m having  is that I’m not far enough along to even think about what reform might look like. But I agree that there should be some type of discussion even though, I’m sort of stymied on that, because I don’t think we are far enough along to building consensus, even around modest reform, much less the more dramatic one.”

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.

The City Council would first need to create an amendment to the City’s Municipal Code to change that 1994 legal opinion.

Section 2.295.050 of  the City’s 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 a staff report, the police department has not convened the Municipal Code-authorized review board for approximately the past ten years.

The mayor said he agreed with Hampton, and said even though the Council is so close to the election date, there is “no reason why we can’t have the discussion, and at least ask the question, “If we were going to go to the voters with a charter modification, what would that look like?”

Kennedy continued to push the committee to move forward, saying, “We need to publicly create a path to figure this out.”

Kennedy said the Public Safety Committee would need to meet again next week, instead of next month, “to keep the train moving.”