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Home My WebLink AboutOrdinance 1352 (Police Advisory Commission)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1352 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.16, BOARDS AND COMMISSIONS, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW SECTIONS 2.16.300 ET SEQ., POLICE ADVISORY COMMISSION 0 is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the first day of October 1979, published as required by City Charter in the Tndepend en.-Journg.1 a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the fifteenth day of October 1979, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen WITNESS my hand and the official seal of the City of San Rafael this 18th day of October 1979. ity JE M. LEONCINI, Cerk ORDINANCE NO. 1352 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.16, BOARDS AND COMMISSIONS, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW SECTIONS 2.16.300 ET SEQ., POLICE ADVISORY COMMISSION THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Chapter 2.16 (Boards and Commissions) of the San Rafael Municipal Code is hereby amended by adding Section 2.16.300 et seq., Police Advisory Commission. Section 2.16.300 Short Title - This Ordinance may be cited as "The Police Advisory Commission Ordinance." Section 2.16.310 Purpose - The general purpose of this Ordinance is to provide for objective and independent advice and recommendations on Police Department policies, programs, priorities, practices, and procedures where requested to do so by the City Council or on its own motion and provide a means for review of complaints and concerns brought by citizens relating to San Rafael Police Department policies and procedures. The purpose shall not include investigations against specific individuals or groups of individuals within the San Rafael Police Department. All activities herein shall be governed by existing San Rafael Municipal Code provisions, San Rafael Personnel Rules and Regulations, and general law. Section 2.16.320 Composition of Police Advisory Commission.- There is hereby established a Police Advisory Commission of the City of San Rafael. Said Commission shall consist of five (5) members. Each Commissioner shall be appointed by the vote of at least three (3) Councilmembers. All Commissioners shall be residents of the City of San Rafael. No officer or employee of the City or of any other public agency shall be appointed to the Commission. Commissioners small serve without compensation. Section 2.16.330 Terms and Vacancies - The term of each Commissioner shall be four (4) years. Any vacancy occurring during the term of any Commissioners shall be filled by the Council in the same manner as appointments are made, as provided herein. No Commissioner shall serve more than two (2) consecutive terms or portions thereof. ORUGiNAL ORDINANCE NO. 1352 Section 2.16.340 Chairperson and Vice -Chairperson - The Commission shall elect one of its members as Chairperson and one as Vice - Chairperson, who shall each hold office for one (1) year and until their successors are elected. No officer shall be eligible to succeed himself or herself in the same office. Officers shall be elected no later than the second meeting of the Commission follow- ing its appointment. Section 2.16.350 Meetings and Notice; Public Meetings; Quorum - The Commission shall establish a regular time and place of meeting and shall meet quarterly or as frequently as workload requires. Special meetings may be called by the Chairperson or by three (3) members of the Commission, upon personal notice being given to all members or written notice being mailed to each member and received at least twenty-four (24) hours prior to such meetings, unless such notice is waived in writing. Notice of meetings shall be provided to a local newspaper of gen- eral circulation and shall be posted regularly on such bulletin boards and at such locations throughout the City as are designated by the Commission. All meetings shall be open to the public. The Commission shall cause to be kept a proper record of its proceedings. The records and files of the Commission and its officers shall include, but not be limited to, all official correspondence, or copies thereof, to and from the Commission and its members, gathered in their official capacities, and shall be kept and open for inspection by the public at reasonable times in the office of the City Clerk. A majority of the appointed Commissioners shall constitute a quorum for the transaction of business, and the affirmative vote of a majority of those present is required to take any action. - 2 - ORDINANCE NO. 1352 Section 2.16.360 Powers and Duties - The Commission established by this Ordinance shall have the following powers and duties: a) To advise and make recommendations to the City Council regarding priorities, policies, programs, and practices of the Police Department not inconsistent with any law, ordinance or Personnel Rules or Regulations of the City of San Rafael, including but not limited to labor relations and personnel matters as the same relate to the bargaining and negotiation process. b) To review and make recommendations concerning all written and unwritten policies, Departmental Rules and Regulations, and General Orders, of the San Rafael Police Department. c) To receive complaints or concerns directed against the Police Department policies and procedures referred by the City Council and any of its officers and employees, and fully and completely review said complaints or concerns and make such recommendations and give such advice relating to departmental policies and procedures to the City Council in connection therewith as the Commission in its discretion deems advisable; provided as follows: i) That review of all complaints or concerns filed with the Commission shall proceed as expeditiously as possible; ii) The Commission shall make an annual report of its activities to the City Council. d) To adopt Rules and Regulations and develop such procedures for its own activities and review as may be necessary and to publish and file same with the office of the City Clerk, and to do such other things not forbidden by law which are consistent with this Ordinance and its general purpose. - 3 - ORDINANCE NO. 1352 e) To review the relationship of the Police Department with other governmental agencies and private entities concerning topics which the Commission feels present a true and pressing need for the City's police service, i.e. mutual aid. f) To review, comment and make recommendations regarding the annual operating budget of the department. g) To review reports of superior, outstanding performance and heroic conduct on the part of police officers and to recommend meritorious awards. Nothing herein shall be construed to authorize investiga- tion by the Commission of complaints against individuals or groups of individuals within the San Rafael Police Department. Section 2.16.370 Consistency with Law; Municipal Code - Nothing in Sections 2.16.300 et seq. shall supersede the provisions of Chapter 2.12 as the same relates to the operations of the Police Department. The Police Department shall be under the direction of the Chief of Police who shall be under the control and direction of the City Manager as provided in Chapter 2.08, Section 2.08.030 of the Municipal Code. Section 2.16.380 Commission Support - The City Clerk shall provide clerical and record-keeping services required by the Commission in the discharge of its duties. The Administrative staff of the City shall provide staff support as directed by the City Manager. DIVISION 2. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. - 4 - ORDINANCE NO. 1352 DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAWRENCE E. MULR AN, Mayor Attest: JEANNE M. LEON NI, City Clerk BYc�r /. EG NA A. BUCHANAN, Deputy City Clerk The foregoing Ordinance No. 1352 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the _1st day of October , 1979, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen and Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen and Nixon ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 15th day of October , 1979. JEANNE M. LEONCINI, City Clerk B BUCH AN, Deputy City Clerk - 5 - 27.1 A/1-5