HomeMy WebLinkAbout2003 02-25 CC ADJ AGENDA PKTAGENDA OF AN ADJOURNED REGULAR MEETING
WORKSHOP
NATIONAL CITY CITY COUNCIL
LARGE CONFERENCE ROOM
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
TUESDAY— FEBRUARY 25, 2003 — 12:00 - Noon
OPEN TO THE PUBLIC
1. 12:00 — Noon — Time Certain
Continuing discussion of Management's Resource Agreement Time Table
2. 2:00 p.m. — Time Certain
Citizen's Advisory Board
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
Note: Pursuant to State Law, items requiring Council action must be brought
back on a subsequent Council agenda unless they are of a demonstrated
emergency or urgent nature.
ADJOURNMENT
Next Regular City Council Meeting — Tuesday, March 4, 2003 —
6:00 p.m. Council Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE
AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
NATIONAL CITY
COMMUNITY POLICE RELATIONS
TASK FORCE
Report of
FINDINGS & RECOMMENDATIONS
June 28, 2002
Prepared by Collins Strategic Group, Inc.
TABLE OF CONTENTS
I. Letter of Transmittal 2
II. Executive Summary
a. Background
b. Task Force Members
c. Mission
d. Organizational Structure
e. Deliberations
f. Principal Finding and Recommendation
g. Additional Recommendations
III. Findings
a. Task Force
b. Subcommittees
i. Outreach
ii. Police Practices
iii. Recommendations
iv. Executive
4
8
IV. Recommendations 24
1
June 28, 2002
The Honorable George Waters
Honorable Members of the City Council
City of National City
1243 National City Boulevard
National City, California 91950-4301
Dear Mayor Waters and Members of the City Council:
On behalf, of the National City Community Police Relations Task Force, 1 am privileged to
convey herewith the Task Force Report of Findings and Recommendations. With the
conveyance of this Report, the Task Force has completed its work as commissioned by the City
Council on January 22, 2002.
The National City Community Police Relations Task Force was established by the City Council
to provide a means for private citizens to advise the Council of the need for citizen participation
in oversight of police conduct. Since first assembling on March 26, 2002, we maintained an
ambitious schedule to accomplish our mission by the June 2002 deadline, convening eight
plenary meetings and twenty Subcommittee meetings in less than ninety days.
The Task Force held two public forums and conducted two surveys of National City residents
and visitors to assess how they perceive their contacts with police. We reviewed the NCPD
budget, training, hiring practices, ethnicity and staffing levels. We examined the nature of
complaints against National City police officers and assessed the characteristics of the current
process for handling police conduct complaints. We reviewed the type and scope of various
civilian oversight entities, and determined what is or is not permissible under state and local
codes and statutes.
The Task Force sought input from the Chiefs of Police for National City and San Diego,
National City's Director of Personnel, the Executive Director of National City's Police Officers
Association, and community stakeholders, including Terry Hanks, whose petition first raised the
subject of civilian review in National City.
It is the consensus of the Task Force that the people of National City and National City Police
Department can be benefited by a civilian review process. It is also our consensus that the
people of National City and the NCPD can be benefited by a stronger compensation package for
the city's police officers. We are in accord that complaint procedures should be documented,
centralized and transparent to the public. We urge the adoption of specific goals related to the
language skills of National City police officers. We propose that a member of the NCPD
leadership act as ombudsman to the community. The Task Force's recommendations and
supporting evidence are discussed in the "Findings" and "Recommendations" sections of this
Report.
2
I wish to express my admiration and thanks to the citizens who appeared before the Task Force
and also those who participated in our surveys. The Task Force appreciates the personal
commitment, if not personal courage, that such participation required.
I thank the National City employees who assisted us in carrying out our duties.
I am profoundly grateful to Collins Strategic Group, Inc. for their insight, patience, and hard
work. Their preparation of our materials and guidance in Task Force meetings were instrumental
in our ability to develop meaningful findings and recommendations. The Collins Group will
conclude its work on or before July 16, 2002 with the submittal of a comprehensive report of the
Task Force's activities to the Council.
I appreciate the time, cooperation and leadership exercised by my fellow Task Force members.
The issues we examined generated a deep level of response in most of us, and in some instances,
underscored divisions between us. Nonetheless, this Report is the result of our mutual
commitment to public service and our ability to work together. I am confident the reasoned
consensus we have reached will yield benefits to the people of National City beyond the scope of
our original mandate.
Finally, I commend the City Council for establishing this Task Force to address the subject of
civilian review of the police department. It was a pleasure for me to participate and lead this
effort. My colleagues and I thank you for your trust, and for your consideration of this National
City Community Police Relations Task Force Report of Findings and Recommendations.
Respectfully submitted,
Carlos Carrillo
Chairperson
Community Police Relations Task Force
3
II EXECUTIVE SUMMARY
BACKGROUND
On January 22, 2002, the National City Community Police Relations Task Force was established
by the City Council to provide a means for private citizens to advise the Council of the possible
need for a "National City Police Review Board". Twenty-five individuals were appointed by the
Council to serve on the Task Force on February 5, 2002. Twenty-one individuals were sworn.
Pursuant to Task Force Bylaws, eighteen were eligible to vote on the Task Force's final findings
and recommendations to the City Council.
TASK FORCE MEMBERS'
Armando Abundis
Doug Aguillard
Craig Boegler
Carlos Carrillo
Claudia Carrillo
Carlos Castillo
Susanna Cervantes
Frank Chenelle
Alex Cuesta
Ted Godshalk
Dick Hubbard
Scott Ketcham
John Tyler Michael
Brittanya Murillo
Christian Ramirez
Alice Steeber
Larry Tagle
Sherrie -Lyn Thompson
In its April 6, 2002 plenary meeting, the Task Force elected its Chair — Carlos Carrillo, Vice -
Chair — Doug Aguillard, and Secretary — Sherrie -Lyn Thompson.
MISSION
In its April 6, 2002 plenary meeting, the Task Force unanimously adopted the following mission
statement: "The mission of the National City Community Police Relations Task Force is to
ascertain the need for citizens' oversight of police conduct, practices and policies. To do this
effectively and fairly, the Task Force will (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) identt opportunities to ameliorate adversity between the
National City Police Department and citizen complainants. As its final action, the Task Force
will present its findings and recommendations to City Council of National City."
ORGANIZATIONAL STRUCTURE
In its April 6, 2002 plenary meeting, the Task Force unanimously established a "management"
(Executive) subcommittee and three "working" (Outreach, Police Practices, and
Recommendations) subcommittees through which to examine issues relevant to its mission.
Two co -Chairs were selected to lead each subcommittee and were ratified by Task Force
members.
The memberships of Task Force appointees: John Alva, Greg Beatie, Otto Cocino, Miguel Cota, Jim Crabb, Tony
Filipino and Sheri Hernandez were terminated pursuant to Article 111, Section 6 of the Bylaws.
4
DELIBERATIONS
With the assistance of Collins Strategic Group, Inc., an independent consulting firm hired by the
City Council, the Task Force engaged in a three-month process to accomplish its mission. The
Task Force met on eight occasions as a plenary body and convened twenty subcommittee
meetings?
In the course of its activities, the Task Force considered the following information:
• the oral and written statements received in two public forums;
• the oral and written statements received prior to votes on action items and during the
public comment period at regular plenary and subcommittee meetings;
• the results of a directed survey of 275 individuals chosen by Task Force members and
community stakeholders regarding actual contact with National City police officers;
• the results of a random survey of 500 individuals chosen by Collins Strategic Group
regarding public perception of the NCPD and the need for civilian oversight;
• the presentations of National City Director of Personnel, Roger Defratis; NCPD Chief
Skip DiCerchio; SDPD Chief David Bejarano; Everett Bobbin, Executive Director of the
National City Police Officers Association; and Terry Hanks, National City resident and
petitioner for civilian oversight of police conduct;
• the characteristics of the civilian review models adopted by ten other California cities;
• the Peace Officers Bill of Rights and Government Code Section 832.5;
• the National City Police Department's budget, training, hiring practices, ethnicity,
staffing levels, and safeguards against misconduct;
• the current complaint review process; and
• risk factors to the city.
PRINCIPAL FINDING AND RECOMMENDATIONS
The principal finding of the National City Community Police Relations Task Force is that the
need exists for citizens' oversight of the conduct, practices and policies of the National City
Police Department.
This finding is consistent with the opinion of a majority of 500 individuals participating
in the random survey as well as a majority of those who provided oral and written
comment to the Task Force. Also, while a majority of the 275 participants in the directed
survey indicate that they personally are comfortable making a complaint against the
NCPD, a majority of those randomly surveyed perceive that some people are apathetic or
fearful about complaining to the NCPD.
2 Six Outreach Subcommittee meetings, four Police Practices Subcommittee meetings, five Recommendations
Subcommittee meetings, and five Executive Subcommittee meetings.
5
The Task Force notes that a majority of individuals randomly surveyed indicate that
"National City police officers are effective in deterring crime", and agree that "National
City police officers are respected for their commitment to public service." The Task
Force infers that citizens' desire for oversight of police conduct is not indicative of
widespread dissatisfaction with police protection, but rather the means of ensuring the
involvement and trust of the community.
Consistent with its principal fording, the Task Force recommends that the City Council create
an entity through which citizens can oversee and review those practices of the National City
Police Department that pertain to conduct issues.
In determining what type of civilian oversight would best suit the realities and needs of National
City, the Task Force recommends to the Council the composition and powers of this proposed
entity and would see its authority reside with the Chief of Police. The Task Force advises that
oversight of police conduct be fair in the treatment of officers and create alliances with all
sectors of the community. The Task Force considered and decided against an investigative
model with subpoena powers.
The Task Force recommends that the City Council allow National City citizens the right to vote
on whether a civilian oversight entity such as the Task Force proposes, or of some other type,
shall be established.
ADDITIONAL RECOMMENDATIONS
The Task Force recommends that National City police officers receive compensation on par
with other San Diego County police departments.
The Task Force finds that while the NCPD salary range is comparable with other San
Diego County police departments, the total compensation package, including benefits, is
significantly less. The NCPD is experiencing an average attrition rate of 10%, higher
than other departments in the County. Chronic vacancies in the NCPD ranks are
attributed to the fact that the NCPD cannot successfully compete with other law
enforcement agencies in the region where the workload is lighter, compensation is
higher, and promotion opportunities are better.
The Task Force recommends mandatory customer service and diversity sensitivity training for
National City police officers.
The Task Force notes that the ethnic and gender composition of the NCPD does not
reflect the diversity of National City] and that the NCPD does not require cultural
sensitivity training for its officers. Nearly half of 500 individuals surveyed believe
"Race, religion, gender, language, sexual orientation, class and age influence how one is
treated by National City police officers," and a majority agree `National City police
officers need more training in customer service."
3 San Diego Association of Governments (SANDAG) Source Point indicates that 64% of National City's population
is Hispanic, Asian or African -American. Only 26% of the NCPD is comprised of people of color.
6
The Task Force recommends that at least half of NCPD hires should be recruits.
The Task Force notes that the NCPD is unable to fill its vacancies with lateral hires4
because the department cannot offer a competitive compensation package. The NCPD
has only recently sought to employ police recruits, and was successful in hiring one
candidate. The Task Force anticipates that by focusing on hiring recruits, the NCPD will
have greater success in filling its vacancies.
The Task Force recommends that the City and the NCPD establish and implement consistent
goals for bilingual capability -- 30% of officers and 50% of sergeants, commanders and captains.
The Task Force finds that although National City s goal is that 50% of its police force
have the ability to speak English and Spanish (or Tagalog), the NCPD does not have a
plan nor require its officers meet this goal. Currently, only 15 of 86 (17%) sworn
National City police officers receive an extra $40 each month for their ability to speak
either Spanish or Tagalog in addition to English. Neither the City government nor
National City police officers have negotiated for additional compensation for bilingual
capability. Bilingual education is eligible under the NCPD's tuition reimbursement
program. The Task Force notes that a majority of 500 individuals surveyed agree
"National City police officers should learn to speak Spanish."
The Task Force recommends the NCPD develop the means to centralize intake of all complaints
and inquiries related to police conduct, making citizens aware of all procedures.
The Task Force finds that current NCPD procedures related to recording and responding
to complaints against officers lacks consistency and transparency to the public. Current
procedures do not clearly define the difference between a "complaint" and an "inquiry"
and any police officer may subjectively determine whether a citizen is filing a complaint
or initiating a procedural inquiry. "Inquiries" are not documented, raising concerns
that the actual number of bona fide complaints against the National City Police
Department is under reported. The Task Force urges centralized intake and
documentation of all complaints and all inquiries related to police conduct to ensure full
public confidence in the complaint process.
The Task Force recommends the NCPD designate a Community Affairs Officer from within its
leadership ranks.
The Task Force believes that the NCPD leadership should create effective channels of
two-way communicatidn between the department and the people it serves in order to
establish and preserve positive relationships, provide information, and monitor
community sentiment.
Q Individuals who have successfully completed the Regional Public Safety Academy and may be employed with
other police departments.
7
III FINDINGS
TASK FORCE
Based on the information gathered by the Task Force and presented in public meetings, the Task
Force voted to adopt the following findings:
FINDING #1:
There is a need for citizens' oversight of police conduct, practices and policies.
This, the primary finding of the Task Force, is supported by:
Outreach Subcommittee Findings -
74% of 500 individuals responded "Yes" to the question "Should the National City Police
Department have a citizens advisory board?"
67% of 500 individuals responded "Yes" to the question "Should complaints against a National
City police officer or the National City Police Department be reviewed by a committee of private
citizens?"
52% of 500 individuals responded Agree Strongly or Agree Somewhat to the statement "Some
people who are mistreated by police officers are apathetic or featful about complaining to the
NCPD."
Police Practices Subcommittee Findings —
"The existing complaint review process provides police officers with a sense of internal control,
but lacks transparency to the public, does not distribute its findings beyond the person filing, and
does not allow for civilian review...The procedure does not inform all citizens of their right to
file a complaint. These factors lend themselves to reducing trust and create a negative
perception by the public of the police department."
"The Civil Service Board does not review [civilian] complaints... Civilians cannot ask the Civil
Service Board to review any complaint regardless of the Internal Affairs findings."
Recommendations Subcommittee Finding —
"Current [police] procedures fail to define what incidents are considered complaints versus
inquiries... The actual number of bona fide complaints reported from past years against the
National City Police Department may have been under -reported"
8
FINDING #2:
The Task Force adopts the findings of the Outreach Subcommittee as
representative of citizens' concerns about police conduct, practices and
policies.
FINDING #3:
The Task Force adopts the findings of the Police Practices Subcommittee as
representative of NCPD practices and policies that affect conduct issues and
public perception.
FINDING #4:
The Task Force adopts the findings of the Recommendations Subcommittee as
indicative of the various civilian oversight models and what is permissible
under state and local codes and statutes.
FINDING #5:
The Task Force finds disparity in the stated goal of the Personnel Director
that 50% of National City's police officers have bilingual capability, and the
capacity and/or commitment of the City and the Police Department to meet
that goal.
The Executive Subcommittee notes the oral testimony provided by the Executive
Director of the National City Police Officers Association that neither the National City
government nor its police officers have sought to negotiate for additional compensation
for bilingual capability.
The Executive Subcommittee also notes that 61% of 500 individuals surveyed responded
Agree Strongly or Agree Somewhat to the statement "National City police officers should
learn to speak Spanish."
9
OUTREACH SUBCOMMITTEE FINDINGS
The Outreach Subcommittee initiated opportunities for the public to voice their concerns about
the police conduct issues.
Surveys5
(1) On behalf of the Subcommittee and the Task Force, Collins Strategic Group conducted a
survey of 500 individuals, selected randomly6, over an eight -day period. The purpose of the
survey was to assess the public perception of the National City Police Department. The results,
in general, are as follows:
1. Police protection is equal in all National City neighborhoods.
44% Agree Strongly /Somewhat
36% Disagree Strongly / Somewhat
20% Gave No Opinion /Answer
2. National City police officers need more training in customer service.
56% Agree Strongly / Somewhat
26% Disagree Strongly / Somewhat
18% Gave No Opinion /Answer
3. National City police officers stop, search, or handcuff people without apparent reason.
43% Agree Strongly / Somewhat
33% Disagree Strongly / Somewhat
24% Gave No Opinion /Answer
4. Complaints against National City police officers can be handled effectively within the
National City Police Department.
45% Agree Strongly / Somewhat
33% Disagree Strongly / Somewhat
22% Gave No Opinion /Answer
5 Surveys were prepared in both English and Spanish. Survey responses were further considered by gender,
ethnicity, primary language spoken, age, and household income.
6 In order to ensure that respondents were of diverse demographic backgrounds, the Collins Group conducted this
survey at a variety of venues, and at differing times of the day and evening.
10
5. National City police officers use discourteous or offensive language.
38% Agree Strongly / Somewhat
37% Disagree Strongly / Somewhat
25% Gave No Opinion /Answer
6. Race, religion, gender, language, sexual orientation, class, and age influence how one is
treated by National City police officers.
48% Agree Strongly / Somewhat
28% Disagree Strongly / Somewhat
24% Gave No Opinion /Answer
7. National City police officers are effective in deterring crime.
51 %Agree Strongly /Somewhat
27% Disagree Strongly / Somewhat
22% Gave No Opinion /Answer
S. National City police officers should learn to speak Spanish.
61 % Agree Strongly / Somewhat
33% Disagree Strongly /Somewhat
16% Gave No Opinion /Answer
9. National City police officers are respected for their commitment to public service.
52% Agree Strongly /Somewhat
28% Disagree Strongly / Somewhat
20% Gave No Opinion /Answer
10. Some people who are mistreated by police officers are apathetic or fearful about
complaining to the National City Police Department.
51 % Agree Strongly / Somewhat
24% Disagree Strongly / Somewhat
25% Gave No Opinion /Answer
11. The quality of service provided by National City police officers is equal to that provided
by other police officers in San Diego County.
45% Agree Strongly / Somewhat
29% Disagree Strongly / Somewhat
26% Gave No Opinion /Answer
11
12. Have you ever filed a complaint about how you were treated by a National City police
officer?
11% Yes
85% No 4% No Answer
a. If so, how was your complaint handled? (51 Respondents)
Investigated Well 25% Investigated Poorly 24% Don't Know 12%
Not Investigated /Ignored 37% Investigation Pending 2%
b. If not, why? (202 Respondents)
No Reason To / Treated Fairly 49%
Too Difficult 3%
Not Serious Enough 13%
Fear of Arrest 4%
13. Do you live in National City?
60% Yes
Don't Know How 12%
Waste of Time 16%
Fear of Retaliation 3%
37% No 3% No Answer
14. Should the National City Police Department have a citizens' advisory board?
74% Yes 14% No 12% No Answer
15. Should complaints against a National City police officer or the National City Police
Department be reviewed by a committee of private citizens?
67% Yes 20% No 13% No Answer
12
(2) The Outreach Subcommittee distributed 500 surveys to Task Force members and community
stakeholders identified by the Subcommittee for each to poll whomever they chose. 275 surveys
were returned over a fifteen -day period. The purpose of the survey was to assess personal
contacts with National City police officers.
1. I live in National City.
71% Yes 29% No
2. 1 believe I will be treated fairly if I encounter a National City police officer.
69% Yes 21% No 8% No Opinion 2% No Answer
3. 1 (or a member of my household) have experienced or witnessed unfair treatment by a
National City police officer.
29% Yes 70% No 1 % No Opinion
4. I (or a member of my household) have been a victim of a crime during the past year.
25% Yes 75% No
5. Although not engaged in any criminal activity, I avoid certain areas of National City
because of police presence.
23% Yes 74% No 3% No Opinion
6. I acknowledge the police for helpful and courteous service.
60% Yes 27% No 12% No Opinion 1 % No Answer
7. My neighborhood has an anti -crime/ neighborhood watch program.
34% Yes 51% No 14% No Opinion I% No Answer
8. I am comfortable making a complaint against the National City Police Department.
59% Yes 26% No 14% No Opinion 1 % No Answer
9. I know whom to contact if I want to make a complaint against a National City Police
officer.
52% Yes
44% No 4% No Opinion
13
The Outreach Subcommittee organized two public forums that were convened in conjunction
with the April 20, 2002 and June 19, 2002 plenary meetings.
On April 20, 20 individuals completed the "Request to Speak " forms. 19 were residents of
National City, and one was a resident of Chula Vista. On June 19, 21 individuals completed the
"Request to Speak" forms. Ten individuals provided oral testimony/ Of those who submitted
forms, 9 were residents of National City, ten were residents of San Diego, one was a resident of
Chula Vista, and one was a resident of Encinitas.
April 20 Public Forum
55% In Favor
20% Opposed
25% No Opinion
Respondent
Citizens Review
Policy?
1
In favor
2
In favor
3
No opinion
4
In favor
5
In favor
6
In favor
7
In opposition
In favor
8
9
In favor
10
No opinion
11
In favor
12
In opposition
13
No opinion
14
No opinion
15
In favor
16
In opposition
No opinion
17
18
In opposition
In favor
19
20
In favor
June 19 Public Forum
81% In Favor
14% Opposed
5% No Opinion
Respondent
Citizens Review
Policy?
Spoke
1
In favor
Yes
2
In favor
Yes
3
In favor
Yes
4
In favor
Yes
5
In favor
Yes
6
In favor
Yes
7
In favor
Yes
8
In favor
No
9
In favor
No
10
In favor
No
11
In opposition
Yes
12
In favor
No
13
In opposition
No
14
In favor
No
15
In opposition
No
16
In favor
Yes
17
In favor
No
18
In favor
No
19
In favor
Yes
20
In favor
No
21
2' time
22
No answer
Yes
23
2nd time
7 Of the ten who provided oral testimony, 82% indicated support for a civilian review policy, 9% were opposed, and
9% offered no opinion.
14
POLICE PRACTICES SUBCOMMITTEE FINDINGS
The Police Practices Subcommittee reviewed the National City Police Department's policies,
procedures and practices that may affect conduct issues and public perception.
Minimal Hiring Standards
High School Diploma or GED
No Felony Convictions
Basic Skills (literacy)
Background Check (credit / character/employment history/ drug use)
Eligible to Work in the US
Physical Ability
Medical / Psychological Fitness
Voice Stress / Polygraph
Recruitment
National City Police Officers are recruited through two paths: (1) Lateral Hires — Candidates
who have successfully completed the public safety academy and may currently employed by
other departments; and (2) Police Recruits — Candidates without experience or academy training
meeting minimum qualifications of hire.
No new police recruits have been hired by the NCPD in twelve years. Until 6 months ago, the
NCPD sought only "lateral candidates" from other departments or police candidates who
successfully completed the Regional Public Safety Academy. The depai Intent recently adopted
the Police Recruit classification and has hired only one candidate.
Composition of Police Forces
There are 122 authorized positions in the NCPD, of which 111 are currently filled. Of the 111
positions — 86 are sworn law enforcement officers and 25 community service officers and non -
sworn personnel.
Number
Rank
Gender
Ethnicity
1
Chief
M
White
2
Captain
M
(1) White (1) Pacific Islander
5
Lieutenant
M
(4) White (1) Hispanic
13
Sergeant
M
(10) White (2) Hispanic (1) Asian
21
Senior
Officer
(20) M
(1) F
(14) White (3) Hispanic / 1 Female (3) Black (2) Asian
44
Officer
(41) M
(3) F
(34) White / 2 Female, (10) Hispanic / 1 Female
(1) Black (1) Asian
B As reported to the Subcommittee on May 1, 2002.
15
Training
The cost of the Public Safety Academy Training is approximately $2500. NCPD officers
received standard post training authorized by the State of California. The NCPD's civilian .
Training Manager monitors the training officers receive, what is needed, and what is required for
advancement, promotions, and changes in classification.
The privately managed "Training Consortium" is composed of the cities in San Diego County
and provides additional training via the Employee Assistance Program. EAP training is available
to any civil service employee. The consortium's programs are not a State requirement, however
the City has the ability to make any part of the training mandatory. Trainings are offered
approximately 4 times annually. National City regularly sends 10 — 15 employees to receive
EAP training.
The training components of the EAP include, but are not limited to:
Anger / Stress Management
Drug / Substance Abuse
Cultural Diversity
Financial Management
Customer Service
Harassment
Discipline
Time Management
Workplace Violence
Verbal Judo
The NCPD can require its officers take any of the aforementioned components for the
remediation of personal issues.
National City has a population comprised of 64% persons of color - The police force has 26%
persons of color9. NCPD does not require cultural sensitivity training for its officers.
Compensation
The NCPD's budget has gone unchanged for the past 5 years, averaging an 8% growth increase
compared to the county average of 16%. Seventeen officers' salaries are paid by grants.
The department's salary range for officers is comparable with other police departments in San
Diego County. The NCPD's compensation package, including benefits, is less than other
department in the County, creating hardships in filling vacancies. Six vacancies exist in the
officer classification of 86 available.
9 SANDAG Source Point 2000 Census data
16
The NCPD is experiencing a higher than average attrition rate of 10% annually. Both National
City's Police Chief and its Director of Personnel attribute this to the fact that police officers can
transfer to the SDPD and other law enforcement agencies where the workload is lighter1°,
compensation is higher, and promotion opportunities are better.
As a part of National City's collective bargaining agreement with the Police Officers
Association, officers possessing certain desirable skills receive benefits in addition to salary. An
officer can be compensated for up to three specialty skills.
Examples include, but are not limited to:
Skill
Compensation
Dog Handler
$150 / month
Education (post -secondary)
$30 — 100 / month
Language (Spanish or Tagalog)
$40 / month
Liaison with Schools
$150 / month
Longevity (time with NCPD)
$25+ / month
Motorcycle
$150 / month
Bilingual Capability
National City's Personnel Director reported that the City's goal for its police force is 50%
bilingual capability. NCPD does not a have plan or require officers obtain bilingual skills to
meet this goal. Fifteen of the sworn officers (17% of the force) currently receive an extra $40
each month for their ability to speak either Spanish or Tagalog in addition to English. Bilingual
education is eligible under the NCPD's tuition reimbursement program.
Performance Safeguards
Current safeguards employed by the NCPD to maintain standards include the daily evaluation by
the immediate supervisor, regular performance reviews by the commander, the performance
oversight by internal affairs and the authority of the Chief.
Complaint Review Process
NCPD internal affairs conducts all Category I (Criminal) Investigation complaints. NCPD
internal affairs is staffed by one Sergeant who also responsible for recruitment. Internal affairs
routinely monitors the activities of all members of the department, reviewing patterns of
complaints made against officers. Internal Affairs has the authority to interview officers without
the privilege of counsel and place officers on administrative leave pending the review of
investigations.
10 The NCPD's inability to hire qualified officers has left the force six officers (the equivalent of one squad) short,
increasing the workload of officers on duty.
17
The internal affairs officer of the police department issues one of four possible findings:
(1) Unfounded (2) Exonerated (3) Sustained; and (4) Not Sustained. All complaint disposition
reports on police officers are issued to the Chief of Police. Complaints that are sustained, and for
which police officers are subject to reprimand or termination, may be appealed to the Civil
Service Review Board.
The Civil Service Board does not review [civilian] complaints. The Civil Service Board may
hear the appeal of any officer reprimanded or terminated due to a complaint or job performance.
Civilians cannot ask the Civil Service Board to review any complaint regardless of the Internal
Affairs findings.
No NCPD protocols exist centralizing the management of complaints. Anyone from the Chief to
the Desk Officer may determine whether a citizen is filing a complaint or initiating a procedural
inquiry. There is no clear definition of what constitutes an inquiry, nor does the NCPD maintain
records of inquiries, including those related to police conduct. NCPD policy does not require the
department to inform all citizens of their right to file a complaint. These factors lend themselves
to reducing trust and create a negative public perception of the police department.
2000 Report of Citizens Complaints"
Type of Number Number Number Number Number
Complaints Reported Unfounded Exonerated Not Sustained Sustained
Non -Criminal 4 2 1 0 1
Criminal (Felony) 3 1 2 0 0
Criminal 6 2 2 2 0
(Misdemeanor)
Total 13 5 5 2 1
2001 Report of Citizens Complaints12
Type of Number Number Number Number Number
Complaints Reported Unfounded Exonerated Not Sustained Sustained
Non -Criminal 7 2 1 3 1
Criminal (Felony) 1 1 0 0 0
Criminal
(Misdemeanor) 1 0 0 1 0
Total 9 3 1 4 1
As reported by National City to the State of California, Department of Justice.
12 Ibid.
18
RECOMMENDATIONS SUBCOMMITTEE FINDINGS
The Recommendations Subcommittee reviewed the various civilian oversight models and other
means by which National City citizens may lawfully monitor police conduct. The Subcommittee
also considered the characteristics of NCPD procedures for complaint intake.
Statutes and Codes Affecting Civilian Oversight
Public safety and peace officers are protected by numerous government codes providing
confidentially as their basic right as employees. Those statues and codes include, but are not
limited to the Peace Officers Bill of Rights and Government Code Section 832.5 -- Citizens'
complaints against personnel; investigation; retention and maintenance of records; removal of
complaints; access to records. A civilian review board must adhere to state law granting
employee confidentially, which will restrict its ability to subpoena peace officers, or require
officers to testify against themselves.
Civilian Oversight Models Used In Ten Cities
The Recommendations Subcommittee reviewed the structure and functions of the Civilian Review
Boards of nine California cities from information provided by the City Managers Office, and one
city (Santa Cruz) referred by Collins Strategic Group.
Jurisdiction Type
City of Novato Review"
Murrieta Public Safety
Chula Vista Public Safety
Richmond Review
Calexico Review
Long Beach Review
Tulare Review
Berkeley Auditor 6
Claremont Public Safety
Santa Cruz Review
Relationships
Asst City Mgr/Chief
Chief of Police
Chief of Police
City Manager
Chief of Police/POA15
City Manager
Chief of Police
City Council
Chief of Police
City Manager
Functions Subpoena
Appeals Board"
Advisory
Advisory
Appeals Board
Appeals Board
Appeals Board
Appeals Board
Appeals Board
Advisory
Mediation/Appeals Board
via City Council
N/A
N/A
No
No
No
No
Yes17
N/A
No
Assessment of Civilian Oversight Models
Civilian Investigator - Civilians investigate complaints against Police Department and make
recommendations to the Chief of Police or other designated Public Official. The weakness of
this model is that civilians have little or no experience in proper investigative techniques. The
strength of this model is that it yields a perception of independence by creating a secondary
review.
13 Civilian Review, audit of investigations conducted by the Police Department
14 Acts as appeals board of internal investigations police findings
15 Police Officers Association sits as a non -voting member
16 Conducts independent investigation outside of the Police Department and post findings to the public
17 POA can direct the officer to leave hearing
19
Civilian Review — Civilians investigate complaints and make findings; civilians review police
findings and recommend acceptance or rejection of those findings. This model offered the best
`common sense' approach as it promotes dialogue between police, civilian boards, and
communities. Its weakness is that it creates an additional burden to officers, as their conduct
would receive review beyond the existing Internal Affairs and Civil Service Review Board. This
model does not address issues of apathy or fear of police.
Citizens Appeals Board - Complainants appeal police findings to the civilian review board
after the investigation is completed. This model allows citizens who feel they were -treated
unfairly to voice their concerns. Its weakness is the work load of the appeals board would be
driven solely by appeals and not by universe of complaints filed, limiting the ability of the board
to review and comment on every aspect of police conduct — good and bad.
Civilian Auditor - An independent auditor investigates the process used by police to investigate
citizen's complaints and the auditor reports on the thoroughness and fairness of the process to
police department and public. This model is the least desired of all reviewed. It is a
management driven process compelled for look for issues to maintain itself. Can be costly and
creates a secondary investigation.
Mediation Model - Contains many characteristics of the Civilian Review Model. Offers the
ability to assign non -criminal complaints to a mediator possibly reducing risk financial loss) to
the city. The review process also provides for an "Inquiry" investigation conducted by the
immediate supervisor for quick response. "Inquiries" may be converted to complaint if criminal
conduct is found. This model provides for active community outreach, providing multiple ways
to file complaints and inquiries. Mediates the gray areas and provides civilians with quick
response. The review board considers all results and the investigation process rest with the
Police Chief. The elements least desired are the possible expense, the additional burden of
review, the ultimate control of the police (Chief) and the resistance to institutional change
anticipated with mediation. All parties must agree to mediation, limiting the situations in which
it can be utilized.
Current Complaint Review Process
The internal affairs officer of the police depailiuent issues one of four possible findings: (1)
Unfounded; (2) Exonerated; (3) Sustained; and (4) Not Sustained. All complaint disposition
reports on police officers are issued to the Chief of Police. Complaints that are sustained, and for
which police officers are subject to reprimand or termination, may be appealed to the Civil
Service Review Board.
20
NATIONAL CITY
POLICE COMPLIANT REVIEW PROCESS
1. Victim Files Complaint
Can be with Police Dispatch, at
Walk-in desk, or with Supervisor.
2. Complaint
Reviewed by
Duty
Sergeant
4. Complaint
Screened by
Internal Affairs
Category I
Criminal
5. Investigated
by Internal
Affairs
3. Victim
Interviewed
Category II
Non -Criminal
5. Investigated by
Commander
8. Appeal to Civil Service Board
7. Disposition or Report
(Depending on Severity)
Category I
Reprimand or Termination
Category II — Commander
Leave Without Pay
Or Other
6. Range of Possible Findings
A. Unfounded — Didn't happen
B. Exonerated — Happened,
but no wrongdoing
D. Not Sustained — could not
determined
21
The existing complaint review process provides police officers with a sense internal control, but
lacks transparency to the public, does not distribute its findings beyond the person filing, and
does not allow for civilian review. Current procedures fail to define which incidents are
considered complaints and which are considered inquiries. Complaint intake is not centralized
within the department. No report is made of inquires to the department related to police conduct.
The procedure does not inform all citizens of the right to file a complaint.
The Subcommittee finds that these factors lend themselves to reducing trust and create a negative
public perception of the police department. The actual number of bona fide complaints against
the National City Police Department in past years may have been under -reported.
Risk Factors
National City has operated thus far with minimal risk due to complaints against the NCPD. A
potential risk is the likelihood that police misconduct could lead to civil and criminal claims
against the City and its police officers. Moreover, the City could expose itself to risk should a
Civilian Review Board violate the rights of the police officers through breaches of personnel
confidentiality.
22
EXECUTIVE SUBCOMMITTEE FINDINGS
The Executive Subcommittee considered the collective work of the Outreach, Police Practices,
and Recommendations Subcommittees, and reached consensus on findings representative of the
collective effort and pursuant to the Task Force mission.
• There is a need for citizens' oversight of police conduct, practices and policies.
• The Subcommittee adopts the findings of the Outreach Subcommittee as
representative of citizens' concerns about police conduct, practices and policies.
• The Subcommittee adopts the findings of the Police Practices Subcommittee as
representative of NCPD practices and policies that affect conduct issues and
public perception.
• The Subcommittee adopts the findings of the Recommendations Subcommittee as
indicative of the various civilian oversight models and what is permissible under
state and local codes and statutes.
• The Subcommittee finds disparity in the stated goal of the Personnel Director that
50% of National City's police officers have bilingual capability, and the capacity
and/or commitment of the City and the Police Department to meet that goal.
23
IV RECOMMENDATIONS
Based on the information gathered by the Task Force and presented in public meetings, the Task
Force voted to adopt the following recommendations:
RECOMMENDATIONS TO CITY COUNCIL:
1. Establish the means for private citizens to oversee and review those practices of the
National City Police Depailuient that pertain to conduct issues.
This entity may:
a. be comprised of 9 individuals appointed by the Mayor and City Council — 7
voting members and 2 non -voting members (representing the POA and a human
rights organization) -- of the 7 voting members, 4 must be residents of National
City;
b. fall under the authority of the Police Chief;
c. review all Internal Affairs findings;
d. make recommendations to the Chief to sustain or not sustain IA findings;
e. hear citizens' appeals of IA findings;
f. request supplemental information from the Police Department;
g. allow parties the opportunity to mediate their dispute;
h. receive citizens complaints regarding police conduct;
i. make an annual report of its activities and findings to the City Council
2. The Task Force recommends that the City Council allow National City citizens the right
to vote on whether a civilian oversight entity such as the Task Force has recommended,
or of some other type, shall be established.
RECOMMENDATIONS TO CITY MANAGER:
1. Compensation (salary + benefits) parity with other San Diego County police departments.
2. Mandatory customer service and diversity sensitivity training for police officers, funded
by the City government.
3. At least 50% of new NCPD hires should be recruits.
4. Establish and implement goals for bilingual capability — 30% of officers and 50% of
sergeants, commanders and captains.
24
RECOMMENDATIONS TO NCPD:
1. Centralize intake of all complaints and inquiries related to police conduct, making
citizens aware of all procedures.
2. Establish and implement goals for bilingual capability — 30% of officers and 50% of
sergeants, commanders and captains.
3. Designate a Community Affairs Officer from the leadership ranks.
SUPPORTING RECOMMENDATIONS:
The Subcommittee adopts the recommendations of the Police Practices and
Recommendations Subcommittees.' 8
POLICE PRACTICES SUBCOMMITTEE RECOMMENDATIONS
• The public requires trust and confidence in the NCPD.
• NCPD leadership must fashion agreement with the citizens.
• NCPD must reduce attrition with the most qualified officers to meet the needs of
the citizens.
• NCPD must establish a commitment to bilingual skills among its officers.
• NCPD must improve dialogue with segments of the community.
• Civilian oversight of police conduct must be pro -active, fair in the treatment of
officers, and creates alliances with all sectors of the community.
RECOMMENDATIONS SUBCOMMITTEE RECOMMENDATION
• The greatest risk to the City is the loss of confidence in the ability of the Police
Department to fairly and openly conduct investigations into police misconduct.
This must be rectified by some form of civilian police review, community
oriented policing, and enhanced public relations by the National City Police
Department when civilians are injured through contact with police officers.
18 The Outreach Subcommittee did not offer any recommendations. The Executive Subcommittee recommendations
were adopted, with two amendments, as the Task Force final recommendations.
25
TASK FORCE MEMBERS
OFFICERS
Chairperson — Carlos Carrillo
Vice Chairperson — Doug Aguillard
Secretary — Sherrie -Lyn Thompson
1. ARMANDO ABUNDIS
2. DOUG AGUILLARD
3. CRAIG BOEGLER
4. CARLOS CARRILLO
5. CLAUDIA CARRILLO
6. CARLOS CASTILLO
7. SUSANNA CERVANTES
8. FRANK CHENELLE
9. ALEX CUESTA
10. TED GODSHALK
11. DICK HUBBARD
12. SCOTT KETCHAM
13. JOHN TYLER MICHAEL
14. BRITTANYA MURILLO
15. CHRISTIAN RAMIREZ
16. ALICE STEEBER
17. LARRY TAGLE
18. SHERRIE-LYN THOMPSON
26
Collins Strategic Group, Inc.
610 Gateway Center Way, Suite G
San Diego, California, 92102
mail@collinsgroupinc.com
(619) 266-7277
27