HomeMy WebLinkAbout2001-03-19 CRC MINS MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
CHARTER REVIEW COMMISSION
March 19, 2001 City Attorney' s Conference Room 4 :30 p.m.
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MEMBERS: John Dorso, Harriet Acton, Deric Prescott, Mark
PRESENT: Croshier, Barbara McAllister, David Potter, and
Sergio Feria
MEMBERS ABSENT: None
STAFF PRESENT: City Attorney John M. Kaheny
Candy Emerson, Director of Human Resources
Rick Emerson, Chief of Police; Sgt . David Eisenberg
The meeting was called to order at 4 :35 p.m.
1. Roll Call.
The roll was called and all members were present.
2 . Approval of Minutes .
MSUC (Potter/Acton) to approve the minutes of February 26, 2001 as
presented.
3 . Discussion of Community Rights and Enhancement Plan.
Chair Dorso noted Virgil Pina presented his plan at last month's
meeting.
' Candy Emerson, Human Resources Director:
She was invited to today's meeting at Attorney John Kaheny's request .
Ms. Emerson stated she met with Mr. Pina approximately two years ago to
discuss the minority hiring practices of the City. Ms . Emerson shared
with Mr. Pina the City's Federal EE04 report showing a breakdown by
ethnicity, gender, classification, job family and the various
recruitment techniques . . Human Resources has added 9 new staff members,
who can provide improved recruiting and testing practices . With
outreach recruiting, the percentage of minorities working in the City
has gradually increased. The City currently advertises in two
primarily black publications, San Diego Voice and Viewpoint and The
Riverside Precinct especially -for police recruitment . The City also
uses La Prensa and La Opinoin in L.A. and the Hispanic and Black
Hotlines . In addition, the City has a user friendly website. Human
Resources has, in conjunction with the Fire Department, developed an
academy to bring in students from minority communities. Presentations
are made at Southwestern each year trying to recruit minorities . The
Human Resources Department is ethnically diverse in age, gender, and
race. That fact is promoted in recruiting efforts with the. cultural
diversity emphasized to prospective employees. An EEO Analyst provides
Charter Review Minutes
March 19, 2001
Page 2
regular counseling for applicants who require additional assistance due
to cultural and language barriers to help them through the selection .
process . The City's bottom line has always been to find the best
candidate.
Ms . Emerson is available to meet with Mr. Pina if he has a specific
issue. Chair Dorso asked Ms . Emerson if the City has done everything
possible to meet Mr. Pina's concerns. Mr. Emerson replied the City is
proactive in that regard, but there is always more you can do.
Rick Emerson, Police Chief, and Sgt. David Eisenberg (assigned to
Community Relations) :
Both appeared at the Commission's request to address issues on traffic
stops and Independent Civil Review Board.
The Police Department has previously done citizens surveys that show a
920-93o satisfaction component associated with services provided by the
Police Department. Every 2-3 years, the Police Department checks to get
a report card on how they are doing.
A Civilian Review Board is used in some communities for looking at
Police misconduct, doing full-blown investigations, reviewing
investigations that police departments have performed, making
recommendations to Police Chief . Chief Emerson believes our Police
Department has been able to look at issues brought forward and conduct
thorough investigations . If misconduct is found, discipline is
imposed. He believes a Civilian Review Board is not necessary at this
point in time.
With over 74, 000 calls for service last year, there were 15-19 citizen
complaints which correlates to most people being happy with the Police
Department.
Through ARJIS, statistical information is kept on traffic citations,
field interrogations, and arrests . The numbers are broken down by
ethnicity and balanced by the residential component. Due to our
proximity to the border, our geographic placement impacts a city of
175, 000 . The City has signed an agreement,with the State of California
for data collection on traffic stops . Officers will complete a card
showing who is being stopped, if a citation, warning or verbal was
issued, who is in the vehicle, are they from the area, was there a
search of the vehicle. The City of San Diego has been collecting
similar data for 12 months . Chief Emerson has met with Virgil Pina,
ACLU attorneys and the San Diego Police Chief to discuss this process .
Most of the other cities in the county have elected not to move forward
with this data collection. The target start date for Chula Vista is
May 1.
Charter Review Minutes
March 19, 2001
Page 3
Member Acton questioned if the ethnicity of the officer would be
reported and Chief Emerson stated they would be indicating their sex
and race.
Member McAllister questioned what ethic breakdowns would be used.
Chief Emerson reported the basic SANDAG data collection and standard
census criteria would be used. Chief Emerson noted 5% of our officers
are black with population parity because the community is 5 . 6% black.
The percentage of Hispanics in the sworn ranks is 25-35% and our
resident population is 42-43% based on a 10 year old census .
Member Prescott pointed out 75% of the 80 largest cities have Civilian
Review Boards. Mistrust of police departments is a primary reason for
their start-up and/or a frustration when complaints are made that they
are not handled properly. Rick Emersonmentioned an undercover sting
was done in San Diego where one of the local television stations sent
two of its employees (an Hispanic and African American) to local police
departments to request a citizen complaint form. In all cases, the
individuals were given forms and/or a supervisor spoke to them. If a
citizen is unhappy with the Police Department, their remedy is to file
a claim or a letter to the City Attorney or City Manager.
Member Potter was floored by the minimum number of citizen complaints
filed for a city this size and feels it' s an impressive record. -
Commission Croshier questioned what happens if false accusations are
made against police officers . Rick Emerson noted Penal Code §1486
states a citizen has to sign the citizen' s compliant with the
admonition _stating it is not a false complaint, and there. will be
recourse .
Member McAllister stated the complaint process is a circular one as
it' s investigated and dealt with by the Police Department. She thinks
a citizens review board is worth thinking about .
Attorney Kaheny noted a complaint can be filed against any police
officer in the United States with the U. S . Department of Justice or
the local District Attorney' s office. Chief Emerson stated an annual
report is sent to the State Auditor of complaints filed. In addition,
there is a citizens police, academy to involve citizens in how the whole
process of the department works .
Member Feria feels there are definite upsides to a citizens review
board, e.g. , to discourage litigation against the City and to provide a
forum of people independent of City Hall to air grievances .
Discussion ensued regarding pro and cons of civilian review boards,
whether or not they are more liberal than police management, the
r Charter Review Minutes
i March 19, 2001
Page 4
problems with local review boards in the City and County of San Diego
and length of time for investigations .
4 . Report by City Attorney John M. Kaheny.
Attorney Kaheny distributed a memorandum from Cliff Swanson, Deputy
Director of Public Works, .regarding advertising in city construction
jobs . He was unable to reach John Witt and Mary Salas regarding
campaign reform and will report next month on that issue.
The FPPC investigated the races in Chula Vista regarding fines and
money laundering. As far as the City of Chula Vista is concerned, it
is well beyond the statutory period. The interesting fact is that the
recipient of the money did not have a clue it was going on and it
occurred outside our jurisdiction.
5 . Public Comments .
None
6 . Members' Comments .
MSUC (Acton/Potter) to waive the meeting in April, 2001.
At the next meeting, Attorney Kaheny will provide historical
documentation on the civilian review boards in the country.
7 . Adjournment .
MSUC (Acton/Potter) to adjourn the meeting at 5 : 50 p.m. to the next
meeting scheduled for May 21, 2001 at 4 : 30 p.m.
Lorraine Kraker, Secretary
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