Police Auditor Ordinance:
Whereas civilian oversight is a growing trend in law enforcement both nationally and throughout California; and
Whereas police departments throughout the state of comparable size including San Jose, Sacramento, Long Beach, and Oakland all have some form of independent oversight; and
Whereas an independent commission which included representatives from the police department, representatives from the Police Officers Association, from city administration, the Chamber of Commerce, the Central California Criminal Justice Committee, the Fresno Human Relations Commission, and others studied the issue of civilian oversight extensively; and
Whereas the commission recommended the establishment of an independent police auditor for the City of Fresno. and
Whereas the establishment of an effective independent police auditor will increase public confidence in the police department, improve policing, and reduce the costs associated with police misconduct; now therefore:
The Council of the City of Fresno does ordain as follows:
Section 1. Creation of an Office of the Independent Police Auditor
Pursuant to Section 801 of the Charter of the City of Fresno there is hereby created an Office of the Independent Police Auditor (hereinafter IPA Office). It shall be the duty of the Independent Police Auditor (hereinafter IPA) to review, conduct and monitor complaints against the Fresno Police Department in order to ensure that investigations are complete, thorough, and fair. The IPA shall also make policy recommendations to the City Manager, mayor and City Council and produce statistical reports as detailed more fully below.
Section 2. Appointment of the IPA and Staffing of the IPA Office
A. Appointment of the Independent Police Auditor
The IPA shall serve as a department head and report directly to the City Council. The Auditor must live in the City of Fresno during his or her term.
The IPA should have some knowledge of law enforcement policies and procedures and/or have extensive legal background, such as an attorney.
The IPA may be terminated only by a majority vote of the City Council.
B. Staffing of the Office of the Independent Policy Auditor
The IPA Office shall have a staff of at least two members in addition to the IPA. The staff shall consist of an assistant auditor and on administrative position. The office shall be in conformance with other similar city departments to ensure that it meets its duties and obligations as designated.
Section 3. Duties of the IPA
The IPA shall perform a wide range of oversight and reporting functions. The IPA shall also make policy recommendations and provide reports directly to the Mayor, city manager and the City Council.
A. Auditing of Complaints
The IPA shall review internal affairs investigations into citizen complaints to ensure the investigation was complete, thorough, objective, and fair.
1. The minimal number of complaints to be reviewed annually are:
a. All complaints alleging excessive or unnecessary force
b. All officer involved shootings
c. All complaints alleging discrimination
d. All complaints alleging abuse of authority
2. The IPA may interview any civilian witness in the course of the review of an internal affairs investigation
3. The IPA may attend internal affairs unit interview of any witness including, but not limited to, police officers.
4. The IPA shall make a request, in writing, to the Chief of Police for further investigation whenever the IPA concludes that further investigation is warranted. Unless the IPA receives a satisfactory written response from the Chief of Police, the IPA shall make a request, in writing, for further investigation to the City Manager mayor, and the City Council.
5. The IPA shall inform the City Manager mayor and City Council when he or she disagrees with a decision by the Chief to not impose discipline or the level of discipline imposed.
6. The IPA shall have full access to all documents within control of the Police Department that are relevant to the performance of this auditing function
B. Reporting Function
The IPA shall issue semiannual and annual reports to the Mayor, the City Council, the City Manager, the City Attorney, and the Chief of Police. The document shall be a public record and shall not include any information whose disclosure is expressly prohibited by law. The report is not limited to, but shall include the following:
1. Statistical analysis, documenting the number of complaints by category, the number of complaints sustained, the type of discipline issued for each complaint, and any other actions taken.
2. Statistical analysis documenting the number of tort claims and lawsuits filed against the Fresno Police Department and the total amount of money paid in tort claims and civil suits against the Police Department.
3. The number of times the auditor requested additional investigation be done, the number of times the auditor had to make such request of the City Manager, and the number of times the auditor disagreed with a the Chief of Polices decision not to impose discipline or the level of discipline imposed.
4. Analysis of patterns and trends
5. Recommendations for changes in policy, training needs, and other preventive measures and the status of prior policy and training recommendations.
C. Community Function
The IPA shall actively engage the community and be a resource for those wishing to file a complaint or learn more about the police complaint process. Pursuant to this community function, the IPA shall:
1. Hold public meetings twice a year to solicit recommendations from the community regarding police practices and policy.
2. Create literature describing the offices functions. Such communications should be sensitive to the diverse Fresno community and be translated when necessary. The IPA shall seek to distribute this information in locations throughout the City of Fresno.
3. Receive complaints against any member of the police department for investigation by the internal affairs division of the Fresno Police Department.
4. Provide timely updates on the progress of the internal affairs division to any complainant who so requests consistent with state law.(within 30 days). (Updated 10/05/05)