HomeMy WebLinkAboutRESOLUTION 2024-048 N.C.S. 05/06/2024 DocuSign Envelope ID:90B 1 CDC 1-B6F5-4FB4-BA41-1 F279767335D
Resolution No. 2024-048 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ESTABLISHING A
PUBLIC SAFETY ADVISORY COMMITTEE (PSAC) AS PART OF THE CITY'S EXPANSION OF
CIVILIAN POLICE OVERSIGHT AND COMMUNITY ENGAGEMENT WITH PUBLIC SAFETY IN
PETALUMA IN FURTHERANCE OF THE CITY'S COMMUNTY CONVERSATIONS AND
RECOMMENDATIONS ON RACE RELATIONS AND PETALUMA CITY GOVERNMENT
WHEREAS,the City of Petaluma established an Ad Hoc Community Advisory Committee(AHCAC),which
consisted of 28 appointees from numerous community stakeholder groups, include education, public health, civil
rights, and other stakeholder groups,with substantial representation from Petaluma black, indigenous and people
of color(BIPOC) communities; and
WHEREAS, the AHCAC met from April 21, 2021 to October 19, 2021 in 6 facilitated meetings with City
executive staff and on December 13,2021 provided the City Council with 31 recommendations to improve public
safety and promote diversity, equity, inclusion and belonging within the Petaluma community in general and
within the City government and its Police Department in particular; and
WHEREAS, the recommendations from the AHCAC included the implementation of Independent Police
Oversight and diversity, equity, inclusion and belonging efforts throughout City government, including in
recruiting, hiring, training, retention, and advancement of City staff, and in all City programs and activities; and
WHEREAS, on May 2, 2022, the City Council identified the establishment of a hybrid model combining
independent, professional public safety auditors and civilian public safety advice and oversight, including the
creation of a community Public Safety Advisory body as one of the City Council's top priorities for achieving
enhanced community safety, feelings of belonging and trust, transparency and public safety accountability; and
WHEREAS, the hybrid civilian oversight model adopted by the City Council will integrate the functions of
the Office of the Independent Police Auditor (IPA) and a Public Safety Advisory Committee (PSAC) to ensure
comprehensive civilian oversight, public safety transparency for the community and adherence to best practices
within the Police Department; and
WHEREAS, the Public Safety Advisory Committee is intended to work closely with the Office of the
Independent Police Auditor, the Police Department, the City Manager's Office, the City Attorney's Office, and
other City departments to promote public trust, enhance City responsiveness and accountability, represent
community values, provide advice and recommendations and also respond to City proposed initiatives related to
public safety and police/community relations; and
WHEREAS, the Petaluma City Charter provides in section 55 that the City Council shall have the power to
establish such commissions as shall be necessary for the effective accomplishment of municipal business, subject
to such commissions including a City Council member as a commission member and term limits specified in
section 55 of the City Charter, and
WHEREAS, the City Council has from time to time, pursuant to the City's general police and other powers
established committees as subordinate bodies to the City Council and charged such bodies with providing advice
and recommendations to the City Council regarding specified topics, and the Petaluma City Charter restrictions
that apply to creation of City commissions do not apply to establishment of City committees or to the appointment
of City committee members or their terms of office; and
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WHEREAS,the proposed action is not a"project"under the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378(b)(5)because establishing the PSAC is an
organizational and administrative activity of the government that will not result in direct or indirect physical
changes in the environment, and if this action were a"project"under CEQA it would be exempt in accordance
with the "Commonsense Exemption"pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can
be seen with certainty that as an organizational and administrative activity of the government there is no
possibility that the establishment of the PSAC will have the potential for causing a significant effect on the
environment.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Establishment. A Public Safety Advisory Committee (PSAC) is hereby established as an essential element
of Petaluma's hybrid model for civilian police oversight, transparency and accountability and community
engagement with Petaluma public safety programs and practices.
2. Purpose. The PSAC is intended to serve as an advisory body to the City Council and a community resource
for the City of Petaluma in the formation of strategies, development of community policing concepts,
increasing public awareness, and addressing police/community relations regarding the public safety of the
entire community. The PSAC is intended to provide a forum for discussions of community public safety
concerns and to represent a broad spectrum of viewpoints.
3. Composition. The PSAC shall consist of six community members, representing diverse interests and
backgrounds, and one City Council member as a City Council liaison to the committee, for a total of seven
seats on the PSAC. Ideal PSAC appointees will: be interested in engaging with and learning about public
safety and policing in Petaluma and the legal and policy framework that govern Petaluma policing; meet the
eligibility requirements in this paragraph; and be prepared to attend PSAC meetings and fulfill all the duties
of PSAC members in accordance with Section 4 this resolution. Each member shall be either a resident of
the City, having resided in the City not less than one year prior to the member's appointment, or the owner of
a business authorized to operate within the City in accordance with Petaluma Municipal Code Chapter 6.01
for not less than one year prior to the member's appointment. To ensure the PSAC's independence from the
Petaluma Police Department, no current or former employee of the Petaluma Police Department, and no
immediate family or household member (defined as the parent, spouse, domestic partner, sibling, child, or
cohabitant), of a current or former employee of the Petaluma Police Department,may be appointed to or serve
on the PSAC. Practicing attorneys who represent/or are members of firms or entities that represent individuals
or entities that are parties to criminal or civil matters involving law enforcement agencies as a party or witness
are ineligible to be appointed to or serve on the PSAC. Persons who have active, pending criminal
proceedings, are on parole, probation, or post-community release supervision, or who have prior criminal
convictions for violent felonies or other crimes involving moral turpitude are ineligible to be appointed to or
serve on the PSAC. For purposes of eligibility to be appointed to or serve on the PSAC, "moral turpitude"
shall have the same meaning as in California law, and includes "dishonesty," "general readiness to do evil,"
"bad character," and"moral depravity." (See, e.g.,People v. Bautista (1990) 217.Cal.App.3d 1, 5.)
4. Duties/Authority. The PSAC and its members are charged with the following duties: reviewing, discussing
and providing comments to the City Council regarding the IPA's annual report; providing comments on
existing and recommended police policies; reviewing and providing comments to the City Council on the
Department's annual military equipment report and the City's military equipment use ordinance pursuant to
A13-481; assisting in the development and review of the Police Department's strategic plan goals and
objectives; commenting and providing recommendations on Petaluma public safety programs and initiatives;
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assisting in educating the community at large about Petaluma civilian public safety oversight and the function
and role of the Petaluma Police Department, providing comments and recommendations regarding the
community's need for police services as well as ensuring that appropriate public safety services are delivered
for the community's benefit; and issuing to the City Council and the community an annual public report on
the PSAC's work.
PSAC members will receive training from members of the Police Department,the IPA,the Human Resources
Department, the City Attorney's Office, and others as appropriate, regarding the federal, state and local laws
and regulations affecting the provision of municipal police services in California. City staff shall provide
PSAC members public safety related information necessary for the fulfillment of their duties, including
information on: current and proposed Petaluma Police Department policies, calls for police assistance;
incidents involving the Petaluma Police Department; citizen complaints concerning the Police Department;
and conclusions, recommendations and reports of the IPA. The PSAC members will not have access to
confidential information that is exempt from disclosure to members of the public pursuant to the California
Public Records Act or other laws and/or that if disclosed may endanger the safety of a witness or other person
involved in an investigation,the successful completion of an investigation,or violate individual privacy rights,
or be a basis of City liability, such as confidential law enforcement investigation information or police officer
personnel records. The PSAC shall have no authority to employ any person or to supervise or direct City staff
or to incur any expense or obligation without approval of the City Manager or City Council.
5. Terms. The terms of office of PSAC members shall commence upon their appointment taking effect and
following their being sworn into office. Initial member terms will be staggered, with three members serving
four years and three members serving two years. Following the initial PSAC terms and subsequently, each
member's term shall be for four years. No PSAC member shall serve more than two, full, consecutive terms.
The PSAC members' terms shall continue to be staggered such that the terms of no more than three PSAC
members shall expire in any given year. The City Council PSAC liaison shall serve a one-year term. City
Council PSAC liaison appointments will generally occur at the same time as other City Council liaison
appointments, except that City Council PSAC liaison appointments may occur at other times as needed due
to vacancy or otherwise. Notwithstanding the expiration of a PSAC member's term pursuant to this provision,
and subject to provision 6, each PSAC member shall serve until a successor is appointed by the City Council.
6. Resignation/Removal.PSAC members may resign their seats at any time upon notice to the then PSAC chair.
The City Council may declare the office of a PSAC member vacant: upon the resignation, death, or disability
that results in the inability of a PSAC member to perform his/her duties; loss of residency or other status
required for a PSAC member to be eligible to serve; or unexcused absence of a PSAC member from three
consecutive regular meetings of the PSAC. The City Council may also remove any PSAC member without
cause; however,removal without cause shall require the affirmative vote of at least four members of the City
Council.
7. Vacancies.Upon the occurrence of a vacancy in a PSAC seat for any reason,the City Council shall, at a time
convenient to the City Council, appoint a qualified person to fill the vacancy for the unexpired term.
8. Meetings. PSAC meetings shall be held monthly; provided that the PSAC may conclude that for part or all
of the year, bi-monthly meetings are adequate for the PSAC to fulfill its duties in accordance with Section 4.
PSAC meetings will generally not exceed ninety(90)minutes in length, and may be extended by up to fifteen
(15)minutes in accordance with Section 9. PSAC meetings shall be subject to all applicable requirements of
the Ralph M. Brown Act ("the Brown Act"), California Government Code Section 54950 et seq).
9. Quorum/Action. A majority of 4 PSAC members shall constitute a quorum for meeting and conducting
PSAC business.All actions of the PSAC shall require the affirmative vote of a majority of the PSAC members
present. Fewer than 4 members, or if no members are present, staff to the PSAC may adjourn meetings of
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the PSAC in accordance with all applicable requirements of the Brown Act. A tie vote shall constitute no
action on the motion, proposed action or recommendation.
10. Organization.At its first meeting, the PSAC shall organize by electing from the PSAC members a chair and
vice-chair, who shall each hold office for one year. The chair, and in the absence of the chair, the vice-chair,
shall preside over PSAC meetings.
11. Staff. The City's Police Department and City Attorney's Office shall provide PSAC staff and advise and
support the PSAC as appropriate in the performance of its duties.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 6th day of May 2024, Docusignedli�m:
by the following vote:
v
City Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Nau,Pocekay,Shribbs
NOES: None
ABSENT: Healy
ABSTAIN: None
DxuSigned by: DocuSigned b
ATTEST:
- IAF169476
City er Mayor
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