HomeMy WebLinkAboutCPRC Bylaws Effective Feb 20221
NATIONAL CITY COMMUNITY AND POLICE RELATIONS
BYLAWS
ARTICLE I – THE COMMISSION
Section 1. Name of Commission
The name of the Commission shall be the “National City Community and Police Relations
Commission” (hereinafter referred to as the “Commission”).
Section 2. Mission Statement
It is the intent of the Mayor and City Council that because of our actions, the relations between the
citizens of the City of National City (“hereinafter referred to as the “City”) and the National City
Police Department will improve, and positive communications and cooperation between the
National City Police Department and community will be facilitated.
Based on this intent, the Commission’s mission will be to:
(1) provide a forum for citizens to voice their concerns about police conduct, practices and policies;
(2) examine police practices and policies as they pertain to conduct issues; and
(3) identify opportunities to ameliorate adversity between the National City Police Department
and citizen complaints.
Section 3. Duties
The duties and responsibilities of the Commissioners shall be:
a) Participating in orientation and training activities at least two times per year, that may
include: reviewing of Department and IAD policies and procedures; attending the
Department or County of San Diego Citizens' Academy; completing “ride-alongs” with
Officers; attending recruiting and academy workshops; the annual National Association
for Civilian Oversight of Law Enforcement (NACOLE) Conference; attending training
opportunities available to NCPD officers including but not limited to investigative
practices, the Psychiatric Emergency Response Team (P.E.R.T.), de-escalation, racial
bias, implicit bias, Department practices; and other relevant training opportunities.
b) Serving for a term of three years, subject to reappointment by Council. Upon expiration
of term, a Commissioner shall serve until re-appointed or replaced.
c) Attending Commission meetings, except when excused for good cause.
d) Serving staggered terms to better ensure continuity. A lottery shall be held during the
next regularly scheduled meeting following the adoption of these procedures to establish
the term of each Commissioner currently appointed. No more than four voting
Commissioners shall be appointed to three years terms as a result of the lottery, all others
shall be appointed to a term of one-year. All Commissioners will remain eligible for
reappointment upon expiration of their term.
e) Annually electing a chair and vice-chair from among the Commissioners.
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f) Adopting operating policies and procedures as necessary and appropriate to carry out
their duties in a fair and unbiased manner.
g) Receive and monitor or investigate citizen complaints regarding police conduct, but
without interfering with the administration of the police department.
h) Request and receive supplemental information from the police department regarding
citizen complaints and such other matters as the commission may request.
i) Allow parties the opportunity to mediate their disputes.
j) Make recommendations to the city council regarding additional duties that the
commission may perform.
k) Make an annual report of its activities, findings and recommendations to the city council.
l) Advise on police department operations, and make recommendations on police policy
issues.
m) Conduct investigations and hold public hearings. The commission has the power to
examine witnesses under oath and compel their attendance or production of evidence by
subpoena issued in the name of the city and attested by the city clerk. It shall be the duty
of the chief of police to cause all such subpoenas to be served, and refusal of a person to
attend or testify in answer to such a subpoena shall subject the person to prosecution in
the same manner as set forth by law for failure to appear before the city council in
response to a subpoena issued by the city council.
n) Each member of the commission shall have the power to administer oaths to witnesses.
o) Keep a record of its resolutions, transactions, findings, and determinations, which record
shall be a public record unless the city attorney determines otherwise.
Section 4. Membership
A. Composition
The Commission shall be comprised of eight (8) individuals selected according to the process
outlined in Section 3.02 of the CPRC Operating Procedures. Of the eight members, seven (7) shall
be voting members, and one (1) shall be a non-voting member. Of the seven voting members, five
(5) shall be residents of the City of National City. The non -voting member shall be a member of
the National City Police Officers’ Association.
B. Terms of Membership
The terms of the members shall be for three (3) years, subject to reappointment by the City Council.
The term of the member from the National City Police Officers’ Association shall be for three (3)
years with the option of reappointment by their organization (POA). Upon expiration of term, a
member shall serve until re-appointed or replaced.
C. Termination of Membership
Membership in the Commission shall automatically terminate in the event that:
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1) The member’s term has expired. If a term expires, the member can either continue until
reappointment or replacement; or
2) The member shall have been absent from the number of Commission meetings specified in these
Bylaws.
D. Removal of Members
A member may be removed by a majority vote of the Commission and subsequently the City
Council.
E. Resignation
Any Commission member may resign at any time by giving written notice to the Chairperson. Any
such resignation will take effect upon receipt or upon any date specified therein. The acceptance
of such resignation shall not be necessary to make it effective.
F. Filling of Vacancies
In the event a vacancy occurs on the Commission by reason of death, resignation, removal or
termination, such vacancy shall be filled according to the process outlined in Section 3.02 of the
CPRC Operating Procedures, with new members so appointed having to meet the qualifications
set forth in Article I, Section 4(a). Persons appointed to fill vacancies shall fill the unexpired terms
of their predecessors.
ARTICLE II – OFFICERS
Section 1. Officers
The officers of the Commission shall consist of a Chairperson and a Vice Chairperson, and shall
be elected in the manner set forth in this Article II. In addition, the Commission may create and
fill, in the manner set forth in this Article II, such other offices as it deems necessary.
Section 2. Chairperson
The Chairperson shall preside at all meetings of the Commission, working with the Vice
Chairperson and in consultation with the City staff, shall submit such agenda recommendations
and information that are reasonable and proper for the conduct of the business affairs and policies
of the Commission. The Chairperson shall sign all resolutions, approved minutes, and other legal
documents of the Commission (if any). The Chairperson shall be a resident of National City. The
Commission shall not have a current or former member of a National City Police Officer serve as
Chairperson.
Section 3. Vice Chairperson
The Vice Chairperson shall perform the duties of the Chairperson in the Chairperson’s absence.
The Vice Chairperson shall be a resident of the National City. The Vice Chairperson shall be a
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resident of National City. The Commission shall not have a current or former member of a National
City Police Officer serve as Vice Chairperson.
Section 4. Additional Duties
The officers of the Commission shall perform such other duties and functions as may from time to
time be required by the Commission, the Operating Procedures, the Bylaws or other rules and
regulations, or which duties and functions are incidental to the office held by such officers.
Section 5. Election
The Chairperson and Vice Chairperson shall be elected by a majority of the members of the
Commission at its last regularly scheduled meeting each calendar year. The terms of the
Chairperson and Vice Chairperson shall be one year.
Section 6. Vacancies
Should the offices of the Chairperson or Vice Chairperson become vacant, the Commission shall
elect a successor from among the Commission members at the next regular or special meeting, and
such office shall be held for the unexpired term of said office.
ARTICLE III – MEETINGS
Section 1. Regular Meetings
The Commission shall schedule and conduct at least four meetings per year for the purpose of
exercising the authority and responsibility delegated to it in the Operating Procedures. The
Commission shall meet on the third Thursday of the month for which a meeting has been called
by the Chairperson at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243
National City Boulevard, 2nd Floor, National City, unless otherwise designated. The agenda for
each regular meeting shall be posted by City staff at least 72 hours in advance consistent with th e
requirements of the Ralph M. Brown Act and the City’s customary procedures.
Section 2. Special Meetings
Special meetings and/or hearings may be held upon call of the Chairperson, Vice Chairperson or
of the majority of the membership of the Commission, for the purpose of transacting any business
designated in the call, after notification of all members of the Commission by written notice
personally delivered or by mail at least 24 hours before the time specified in the notice for a special
meeting. Such written notice may be dispensed with as to any member who at or prior to the time
the meeting convenes files with the Chairperson a written waiver of notice, and as to any member
who is actually present at the time the meeting convenes. Additionally, City staff shall be
responsible for the posting of the agenda of the special meeting in the four (4) locations designated
in Section 1 at least 24 hours prior to the time specified in the notice for the meeting, and for
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providing copies of the notice of meeting to the news media. At such special meeting, no business
other than that designated in the call shall be considered.
Section 3. Adjourned Meetings
Any meeting of the Commission may be adjourned to an adjourned meeting without the need for
additional notice or agenda, provided that the adjournment indicates the date, time and place of the
adjourned meeting, and provided that the adjourned meeting occurs not more than five (5) calendar
days after the meeting for which notice and agenda requirements were met. Commission members
absent from the meeting at which the adjournment decision is made shall be notified by the
Chairperson of the adjourned meeting.
Section 4. All Meetings to be Open and Public
All meeting of the Commission shall be open and public to the extent required by law. All persons
shall be permitted to attend any such meetings except as otherwise provided by law. Nothing
contained in these Bylaws shall be construed to prevent the Commission from holding closed
sessions during a meeting concerning any matter permitted by law to be considered in closed
session provided the Commission complies with the conditions and procedures provided by law
for closed sessions. All meetings shall be limited to no more than three (3) hours unless a majority
of the membership, by vote, agrees to request additional time.
Section 5. Quorum
The powers of the Commission shall be vested in the members thereof in office from time to time.
A majority of the members of the Commission qualified and eligible to vote shall constitute a
quorum for the purpose of conducting the Commission’s business, exercising its powers and for
all other purposes, but less than a majority of the members of the Commission may adjourn the
meeting from time to time until a quorum is obtained. An affirmative vote by a majority of the
members of the Commission qualified and eligible to vote shall be required for approval of any
question brought before the Commission.
Section 6. Excused and Unexcused Absences
Membership in the Commission shall terminate if a member has two (2) consecutive unexcused
absences from meetings, whether regular or special, or four (4) absences from regular or special
meetings, in a three (3) year term. A member’s absence may be excused if prior to the meeting
from which said member will be absent, said member notifies the Chairperson or Designee of
intent to be absent and the reason therefore. At each meeting, after the roll has been called, the
Chairperson shall report to the Commission the name of any member who has so notified of their
intent to be absent and the reason for such absence. (Illness being an example of an excused
absence from a regularly scheduled meeting and prior plans being an example of an excused
absence from a special meeting or a meeting where the date or time is changed). The Commission
shall approve or disapprove requests for excused absences.
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Section 7. Order of Business
The following shall be the order of business at regular meetings of the Commission:
1) Roll Call
2) Approval of Minutes of previous meeting
3) Public Comment
4) Action Items
5) Adjournment
Section 8. Minutes
Minutes of the Commission shall be in writing. Copies of the Minutes of each Commission
meeting shall be made available to each member of the Commission. Minutes shall be made
available to the public, unless they are privileged and confidential items. Approved Minutes shall
be filed in the official Book of Minutes of the Commission.
Section 9. Rules of Order
Except as provided in these Bylaws and the Commission’s Operating Procedures, all business and
matters before the Commission shall be transacted in conformance with Rosenburg’s Rules of
Order (Newly Revised).
Section 10. Committee Reports
Oral and written reports of the Commission, including resolutions adopted by the Commission,
shall include a report of the position of the minority of the Commission as well as the majority.
When applicable, an indication of the relative size of the majority and the minority for each such
report shall be included within the report.
Section 11. Docketing of Items for Agenda
During any regularly scheduled or special meeting, a Commissioner may propose an item for
inclusion on the agenda of a future Commission meeting for discussion and possible action.
For an item to be placed on the Community and Police Relations Commission Meeting Agenda,
by Commissioners, the following will assist City staff in the agenda planning process:
a) A single page Commission Item Request Form to agendize the request to be
discussed, and the Commissioner recommended action to address the matter. No
additional material other than the single page request may be submitted to be
agendized at the initial Commission meeting in which the matter will be heard.
b) The request must be submitted no later than three weeks prior to regularly
scheduled Commission meeting to allow City staff and the City Attorney time to
review the item and determine, if the matter as written, in the single page request,
should be placed on the open or closed session of the Meeting Agenda.
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c) If the City staff, in consultation with the City Attorney, determines the matter is
appropriate to be included in the open session agenda it will be added to the agenda
as written. If the City Attorney, determines the mater should be discussed in Closed
Session, the City staff will draft the required agenda wording for listing the matter
under Closed Session on the Meeting Agenda. The single page request, written by
the Commissioner, will be provided to the entire Commission in Closed Session.
d) Discussion would be limited to whether an item should be added to an agenda and
a date, not the merit of the item.
e) If a majority of the Commission votes to include the item as an action item at a
subsequent Commission meeting it will be determined who will provide the report:
i. The Commission prepares a report including supporting information and
documentation, and a presentation of the item to be discussed at the
meeting, with City staff and City Attorney review; or
ii. The City staff will be directed to provide a report analysis including fiscal
review, legal review and policy review of the action by the Commissioner,
requesting and recommendation (if any) among alternatives (if any) as soon
as the research and staff report can be reasonable completed at a subsequent
Commission meeting.
f) If the request required further study of the item from staff, a full analysis shall be
prepared at the direction of the City Manager with at least thirty (30) calendar days
to prepare, unless otherwise directed by Commission. Status updates will be
provided to the Commission every ninety (90) days as an informational memo.
g) This would provide City staff the authority to determine placement and timing,
unless Commission direction is time-sensitive, and requires immediate placement
on the next regularly scheduled Commission Meeting.
h) Related Policy References:
i. City Council Policy 105
ii. National City Municipal Code, Chapter 2.04
iii. Ralph M. Brown Act
iv. Commission Item Request Form
ARTICLE IV – REPRESENTATION BEFORE PUBLIC BODIES
Any official representations on behalf of the Commission before the City Council or any other
public body shall be made by the Chairperson, the Vice Chairperson in the Chairperson’s absence,
or a member of the Commission specifically so designated by the Commission pursuant to the
Ralph M. Brown Act.
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ARTICLE V – SUBCOMMITTEES
Section 1. Establishment
The Commission shall have the authority to, and may, establish subcommittees as necessary to
accomplish the purposes set forth in Section 3 of Article I of these Bylaws.
Section 2. Membership
Each subcommittee shall be composed of a minimum of two (2) but not more than three (3)
members of the Commission.
Section 3. Appointment of Members
Members on a subcommittee shall be appointed by the Chairperson of the Commission by a
majority vote of the Commission.
Section 4. Officers and Meetings
Subcommittee chairpersons shall be designated by the Chairperson of the Commission from
among the Commission members appointed to the subcommittee. Each subcommittee shall elect
a vice chairperson, and shall establish the date, time and place for meetings to conduct the
subcommittee’s business.
Section 5. Subcommittee Reports
From time to time, subcommittees shall submit reports to the Commission, which reports
summarize the subcommittee’s activities, findings and/or recommendations on matters for which
the subcommittee was established.
ARTICLE VI – AMENDMENTS
Section 1. Amendment of Bylaws and Operating Procedures
The Bylaws and Operating Procedures of the Commission may be amended upon the affirmative
vote of a majority of the voting seated members but no such amendment shall be adopted unless
at least seven (7) days’ written notice thereof has previously been given to all members of the
Commission. Notice of amendment shall identify the section or sections of the Bylaws proposed
to be amended.
ARTICLE VII- ORDER OF PRECEDENCE
Section1. Conduct of Affairs
The COMMISSION will observe all applicable requirements of state and local law, including the
following, which have been summarized as follows, listed in hierarchical order:
a. United Stated Constitution
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b. California Constitution
c. California Statutes and Codes, including but not limited to the Government Code
(Ralph M. Brown Act. Section 54950 et seq.: and Public Safety Officers Procedural
Bill of Rights, Sections 3300-3311, Chapter 9.7”), Division 4, Title 1), Penal Code
(PC), Health and Safety Code, and Vehicle Code (VC)
i. Penal Code Sections 832.5 and 832.7
d. National City Municipal Code Title 16 City Boa rds, Commissions and Committees
Chapter 16.04 Community and Police Relations Commission.
e. National City – City Council Administrative and Operating Policies
f. Memorandum of Understanding (MOU) between City of National City and National
City Police Officers Association
g. National City Police Department rules and procedures, which govern the rights and
duties of DEPARTMENT personnel.
h. The Bylaws of the National City Community and Police Relations Commission as
authorized by the City Council
i. The Operating Procedures of the National City Community and Police Relations
Commission as authorized by the City Council
j. Rosenberg’s Rules of Order
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Community & Police Relations Commission Bylaws
CPRC Amended October 7, 2021
Adopted by City Council February 15, 2022