(A) Purpose and establishment. Public safety and crime reduction have been a focus of the city for several years. To have a truly effective police department, the department and city must be engaged with residents. Lack of outreach and availability creates distrust and tension, particularly between marginalized populations and law enforcement. The city is committed to building trust and positive relationships with all segments of the community. The formation of the Citizen-Police Advisory Commission is a necessary step in reframing the relationship that the residents of Saginaw have with the police and in developing the community-oriented policing that the city strives for and that our community deserves.
(B) Definitions. For purposes of the section, the following terms shall have the following defined meanings:
COMMISSION. The Citizen-Police Advisory Commission.
DEPARTMENT. The City of Saginaw Police Department.
(C) Purpose. The Commission has all of the following purposes:
(1) To improve and strengthen police-community relations.
(2) To create an environment that allows for better communication, understanding, and relations between the Department and the community.
(3) To provide the community with a role in recommending policies and practices that ensure a high quality of police services.
(4) To work with the Department to encourage the respectful treatment of all persons.
(5) To provide a process for outside review of particular complaints, and the Department's (or external agency's) investigation and conclusion related to such complaints, in order to recommend potential changes in police policies or practices.
(D) Nature of the Commission. The Commission shall provide recommendations to the Police Chief, the City Manager, and/or the City Council with respect to matters concerning the Department. The creation and operation of the Commission shall not impair the authority and responsibility of the Police Chief, the City Manager, or the City Council. Recommendations produced by or for the Commission are not binding, factually or legally, on the city or any part thereof, including the Department, the City Manager, the City Attorney, and the City Council.
(E) Formation of Commission.
(1) Membership.
(a) The Commission shall consist of nine members to be appointed by City Council. Membership on the Commission shall consist of members from each of the following:
1. One youth representative from a local high school;
2. One representative nominated by the local chapter of the NAACP or similar organization active in the city;
3. One representative nominated by the local chapter of the Mexican American Council or similar organization active in the city;
4. One representative nominated by a LGBTQ+ organization active in the city;
5. One representative from the local neighborhood associations;
6. One representative who had previously been convicted of a crime and incarcerated for same;
7. One mental health professional;
8. One at-large member; and
9. The Department Chaplain.
(b) Persons who are current employees of the city, or persons who have been employed by the city or another jurisdiction as a police officer, shall not be eligible for appointment. At least four of the members of the Commission shall be female. Members shall be residents of the city. Members shall serve without compensation.
(2) Terms. Terms for members shall be three years, other than the youth member whose term shall be one year. Members shall be limited to two consecutive terms.
(3) Filling vacancies. If a seat on the Commission becomes vacant, it shall be filled by City Council in the same manner as the original appointment. The individual filling such vacancy shall serve the remainder of the term. A member holding over after their term expires may continue to act until a successor is appointed.
(4) Member removal.
(a) Council may remove any member for cause upon notice to that member and an opportunity for that member to respond to Council in writing.
(b) Members are expected to attend meetings on a regular basis. Three consecutive absences, or five absences within one calendar year, will constitute cause for the automatic removal of the member.
(5) Ethical considerations. Each member of the Commission, and every person who renders services to the Commission, shall maintain and protect the status of confidential information. Each member shall avoid conflicts of interest.
(F) Incident review.
(1) The Police Chief shall report to the Commission at least every three months on any developments bearing on the Department's performance of its functions, including any significant changes in policies or procedures, staffing, budgetary needs, data on field operations disaggregated by race or other protected class to the maximum extent feasible, and any use of force complaint received by the Department. The Chief shall not report to the Commission on any use of force complaint until any internal or other investigation related to same has concluded. The Police Chief's report will include the facts of the incident, whether the conduct of the officers involved was determined to be appropriate or inappropriate, any discipline that has been or will be imposed, and any changes in Department policies or procedures that were or will be made as a result of the complaint.
(a) The Police Chief will make available to the Commission all documents, videos, and descriptions of tangible evidence related to the incident. Documents, videos, and other materials shall be redacted or withheld from the Commission to the extent necessary to maintain privacy, confidentiality, and other concerns, or as required by federal or state law, City Charter, collective bargaining agreement, or legally recognized privilege.
(b) Members of the Commission shall not disclose private, confidential, or privileged information or records and shall be subject to the same penalties as the legal custodian of the information or records for any unlawful or unauthorized disclosure.
(2) The Commission shall review findings of fact made by the Department, or other outside investigating authorities, with respect to any use of force complaint reported on by the Police Chief, for the purpose of making recommendations for improvement to Department policy and procedure. The Commission's review shall not precede or be concurrent with Department actions, but shall occur after the Department, or other applicable authorities, have completed all proceedings related to the complaint under review, including investigative, criminal, disciplinary, and other proceedings.
(G) Recommendations concerning policies, practices, and compliance. The Commission will examine and assess, according to such priorities as it may determine, all non-tactical Department-related policies and the Department's degree of compliance with same. The Commission will make recommendations for improvements, including the development of new policies, as well as revisions to existing ones.
(H) Reports.
(1) The Commission may issue a report at any time it deems appropriate concerning any Department-related policy, unless such report would interfere with an ongoing investigative, disciplinary, criminal, or other proceeding. Such a report may make recommendations for improvements. Such recommendations shall be addressed to the Police Chief.
(2) Public reports; confidentiality. Reports of the Commission shall be public records, but the Commission shall take care not to make public release of information that should remain confidential by reason of law, collective bargaining agreement, or overriding public policy, or that has been provided to the Commission in confidence.
(I) Community relations.
(1) Building community relations. For the Department to be able to perform its vital function in a way that is both effective and equitable to all segments of the community, especially those segments of the community that are vulnerable and marginalized, it is crucial that there be increased understanding of the needs of those particular community groups by the Department. The Commission shall be proactive in discharging its responsibilities of fostering better communications and understanding between the Department and community. The Commission may convene advisory boards or host listening sessions, discussion circles, and educational sessions with community groups and with the community at large, with or without police participation, based on the preferences of each community group. In conducting these actions, the Commission:
(a) Shall seek input from a broad representation of community groups, including but not limited to youth of color; adults of color; women; persons living with mental illness; formerly incarcerated persons; persons who have had adverse interactions with the Department; persons living with persistent economic hardship; LGBTQ+ persons; and persons with immigrant status.
(b) Shall consider whether information that it learns from these actions suggests that it should make any recommendations as to changes in practices and policies bearing on the city's exercise of the policing function.
(c) Shall, through the youth liaison, work with an existing youth council to incorporate a youth perspective into the Commission's decisions and recommendations.
(2) Community liaisons.
(a) The Commission may identify one or more persons in the community who may serve as a liaison for persons who wish to provide suggestions, concerns, complaints, or other information related to the Commission's purpose, but who do not wish to contact the Commission or city directly. In identifying community liaisons, the Commission shall take reasonable steps to ensure that the liaisons will:
1. Be publicly available to any person wishing to provide information.
2. Be available to provide the Commission with regular updates regarding all information received related to their role as a community liaison.
3. To the best of their ability, accurately report the information received.
4. In understanding that the information the liaison provides to the Commission is likely to be a public record, protect the identity or confidential information of a person who provides information, unless the person expressly authorizes otherwise.
(b) The Commission may evaluate whether and to what extent any of the information received from a community liaison warrants further discussion or review by the Commission, bearing in mind that the Commission likely will not have access to first-hand information.
(J) Operations and support.
(1) Committees and assignments. The Commission may create and form special purpose task forces and subcommittees to carry out the business of the Commission, provided that any report prepared by these groups that the Commission wishes to issue must be presented to and adopted by the Commission as a whole.
(2) Facilities and staff support. The city shall provide the Commission with suitable facilities for the conduct of its meetings and other business. The City Clerk shall serve as clerk of the Commission meetings and preserve the record of such meetings.
(3) Meetings. The Department Chaplain shall serve as Chair of all Commission meetings. At the first regular meeting of each calendar year, the Commission shall select from its members a Vice Chair, who shall serve in the Chair's absence. Regular Commission meetings shall be determined at the January meeting for the current year by a majority vote of the Commission. All meetings shall be open to the public and subject to the requirements of Michigan's Open Meetings Act, PA 267 of 1976. A majority vote of those members present shall be necessary to approve any motion, resolution, or recommendation of the Commission. All records of the Commission shall be subject to the requirements of Michigan's Freedom of Information Act, PA 442 of 1976.
(Ord. O-225, passed 9-28-2020, effective 10-8-2020)