§ 2.45.070. Functions and duties of the Commission.

In addition to the powers and duties described in section 604 of the Oakland City Charter, the Commission shall:

A.

In accord with the City's record retention schedule, maintain all electronic communications to, from and/or copied to any Commissioner or alternate regarding any matters within the Commission's jurisdiction, and provide such communications to the City upon request.

B.

Maintain the confidentiality of its business in accordance with state and local law, including without limitation, California Penal Code 832.7 and the California Public Records Act (Cal. Gov't Code sec. 6250, et seq.). A Commissioner's failure to maintain such confidentiality, whether or not intentional, may be considered "gross misconduct in office" for purposes of City Charter section 604(c)(10).

C.

Review and comment on the education and training the Department provides its sworn employees regarding the management of job-related stress, and regarding the signs and symptoms of post-traumatic stress disorder, drug and alcohol abuse, and other job-related mental and emotional health issues. The Commission shall provide any recommendations for more or different education and training to the Chief who shall respond in writing consistent with section 604(b)(6) of the Oakland City Charter.

D.

Prepare and deliver to the Mayor, the City Administrator and the Chief by April 15 of each year, or such other date as set by the Mayor, a proposed budget for providing the education and training identified in subsection C., above.

E.

Notwithstanding section 2.29.020 of the Oakland Municipal Code and in accordance with section 604(b)(10) of the City Charter, have the authority to remove the Chief, without the approval of the Mayor, by a vote of not less than five (5) affirmative votes and only after finding cause. For purposes of removing the Chief, "cause" shall be defined as any of the following:

1.

Continuing, intentional, or willful failure or refusal to perform the duties and responsibilities of the Chief of Police as required by any employment agreement with the City, the City Charter, the City's governing laws and regulations, or any laws, rules or regulations of any governmental entity applicable to the Chief's employment by the City or to City operations, including without limitation, the inability to perform the duties and responsibilities of the Chief of Police as aforementioned as a result of alcoholism or drug addiction; or

2.

Gross neglect of duties, material violation of any duty of loyalty to the City, or material violation of City or Department policy, including without limitation any policies or procedures pertaining to harassment and discrimination, after the Chief has received written warning of the neglect or violation and the Chief has failed to cure the neglect or violation within twenty (20) days; or

3.

Conviction by, or entry of a plea of guilty or nolo contendere, in a court of competent and final jurisdiction for (a) any crime involving moral turpitude, (b) any felony offense, (c) any crime which is likely to have a material adverse impact on the business operations or financial or other condition of the City, or (d) any crime which has resulted in imprisonment; or

4.

Failure or refusal to cooperate with any investigation involving employees of the Department; or

5.

Obstruction of any investigation of Department employee misconduct or criminal activity; or

6.

Refusal, which shall include ongoing failure, to administer or enforce any Department policy or procedure; or

7.

A material act of dishonesty, fraud, embezzlement, self-dealing, or other act of moral turpitude; or

8.

A material breach of confidentiality; or

9.

Loss of any professional license or other certification required by state or local law to perform the duties of the position of Chief of Police.

F.

Within two hundred and forty (240) days of the City Council's confirmation of the first group of Commissioners and alternates and on the anniversary of that date thereafter, notify the Chief regarding what information will be required in the Chief's annual report to the Commission which shall include, at a minimum, the following:

1.

The number of complaints submitted to the Department's Internal Affairs Division (hereinafter, "IAD") together with a brief description of the nature of the complaints;

2.

The number of pending investigations in IAD, and the types of Misconduct that are being investigated;

3.

The number of investigations completed by IAD, and the results of the investigations;

4.

The number of training sessions provided to Department sworn employees, and the subject matter of the training sessions;

5.

Revisions made to Department policies;

6.

The number and location of Department sworn employee-involved shootings;

7.

The number of Executive Force Review Board or Force Review Board hearings, and the results;

8.

A summary of the Department's monthly Use of Force Reports;

9.

Number of Department sworn employees disciplined and the level of discipline imposed; and

10.

The number of closed investigations which did not result in discipline of the subject officer.

The Chief's annual report shall not disclose any information in violation of state and local law regarding the confidentiality of personnel records, including but not limited to California Penal Code section 832.7.

G.

Conduct an annual performance review of the Agency Director and of the Chief. The Commission shall determine the criteria for evaluating the Agency Director's and the Chief's job performance, and communicate those performance criteria, in addition to any other job performance expectations, to the Agency Director and the Chief one (1) full year before conducting any evaluation of their job performance. The Commission may, in its discretion decide to solicit and consider, as part of its evaluation, comments and observations from the City Administrator and other City staff who are familiar with the Agency Director's or the Chief's job performance. Responses to the Commission's requests for comments and observations shall be strictly voluntary.

H.

Create a form for Commissioners to use in providing annual comments, observations and assessments to the City Administrator regarding the Inspector General's job performance. Each Commissioner shall complete the form individually and submit his or her completed form to the City Administrator confidentially.

I.

Request that the City Attorney submit semi-annual reports to the Commission and to City Council which shall include a listing and summary of:

1.

To the extent permitted by applicable law, the discipline decisions that were appealed to arbitration;

2.

Arbitration decisions or other related results;

3.

The ways in which it has supported the police discipline process; and

4.

Significant recent developments in police discipline.

The City Attorney's semi-annual reports shall not disclose any information in violation of state and local law regarding the confidentiality of personnel records, including but not limited to California Penal Code section 832.7.

J.

Provide policy guidelines to the Agency Director for assistance in determining case prioritization.

K.

Make available on its website, to the extent permitted by law:

1.

The Commission's annual report;

2.

The Chief's annual report;

3.

The Agency's reports;

4.

The Agency Director's monthly reports; and

5.

The Inspector General's annual report.

No information shall be distributed using any print media, or posted using any electronic media, in violation of state and local law regarding the confidentiality of personnel records, including but not limited to California Penal Code section 832.7.

L.

Direct the Agency to investigate a serious incident when requested by the Mayor, the City Administrator, and/or the City Council by an affirmative majority vote.

M.

Review the Agency's dismissal and/or administrative closure of all complaints of misconduct involving Class I offenses, including any Agency investigative file regarding such complaints, and, in its discretion and by five (5) affirmative votes, direct the Agency to reopen the case and investigate the complaint. For purposes of this subsection, the definition of "Class I offenses" shall be the same as the definition of "Class I offenses" in the Department's Discipline Policy.

N.

In association with the Agency Director and in consultation with the Chief or the Chief's designee, establish rules and procedures for the mediation and resolution of complaints of misconduct. To the extent required by law, the City will provide the employee unions with notice of such proposed bylaws prior to implementation.

O.

Receive any and all reports prepared by the Community Policing Advisory Board (hereinafter referred to as "CPAB") and consider acting upon any of the CPAB's recommendations for promoting community policing efforts and developing solutions for promoting and sustaining a relationship of trust and cooperation between the Department and the community.

P.

Review and comment on the Department's policy and/or practice of publishing Department data sets and reports regarding various Department activities, submit its comments to the Chief, and request the Chief to consider its recommendations and respond to the comments in writing.

Q.

Solicit and consider input from members of the public regarding the quality of their interactions with the Agency and the Commission.

R.

The Department, through the City Administrator or his or her designee, shall report to the Commission on issues identified by the Commission through the Commission's Chair. The City Administrator, or his or her designee, shall attend in person unless impracticable, and shall be prepared to discuss and answer questions regarding the issues identified by the Commission.

(Ord. No. 13498, § 2, 7-10-2018)