Chapter 2.34
CITIZENS POLICE ADVISORY COMMISSION
Sections:
2.34.010 Creation, powers and duties.
2.34.020 Appointment and qualifications.
2.34.030 Vacancies.
2.34.040 Members—Terms.
2.34.050 Removal of appointed members-Procedures.
2.34.060 Removal of appointed members-Causes.
2.34.070 Meeting and adoption of rules.
2.34.080 Meeting—Time and place.
2.34.090 Compensation.
2.34.100 Rules and regulations.
2.34.110 Duties and responsibilities.
2.34.120 Abstention from voting.
2.34.130 Election of chairperson and vice chairperson.
2.34.010 Creation, powers and duties.
Pursuant to the City Charter of the city of Dinuba, a citizens police advisory commission is created for the city, and shall have the powers and duties as provided for in this chapter. (Ord. 99-4 § 1 (part), 1999)
2.34.020 Appointment and qualifications.
The citizens police advisory commission shall have twelve members appointed in accordance with this chapter. Each city council member shall appoint two members to the commission. The city council, as a whole, shall appoint two members at-large to the commission. The at large member of the commission shall be registered voters and residents within the boundaries of the Dinuba Unified School District at the time of appointment. All other appointed members of the citizens police advisory commission shall be registered voters and residents of the city at the time of appointment. The city council members shall give preference to appointing from their respective districts members to the commission. If any appointed member of the commission subsequently changes permanent residence to a place outside of the city, or any at-large appointee shall change permanent residence to a place outside of the boundaries of the Dinuba Unified School District, said position shall become automatically vacant and shall be filled as any other vacancy.
No person who is an immediate family member of a city council member, city official, city employee, or a member of the Dinuba citizens voluntary patrol can serve as a commission member. For the purposes of this chapter, an “immediate family member” shall be defined as a relative within the second degree. (Ord. 99-6 § 1, 1999: Ord. 99-4 § 1 (part), 1999)
2.34.030 Vacancies.
Should a vacancy occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. The vacancy shall be filled by appointment by the city council member who appointed the member to the commission that is vacating said position. If the member that is vacating the position is the member elected at large, then the city council, by majority vote, shall fill that vacancy. (Ord. 99-4 § 1 (part), 1999)
2.34.040 Members—Terms.
Of the members of the commission first appointed, six members shall be appointed for a term of two years and six members shall be appointed for a term of three years. Their successors shall be appointed for a period of three years. (Ord. 99-9 § 1, 1999: Ord. 99-4 § 1 (part), 1999)
2.34.050 Removal of appointed members Procedures.
Any appointed member of the commission may be removed by any of the following:
A. The appointing official, subject to the approval of the legislative body; or
B. A simple majority vote of the legislative body. (Ord. 99-4 § 1 (part), 1999)
2.34.060 Removal of appointed members Causes.
A member of the commission shall be removed if any of the following events occur:
A. If any appointed commission member is absent without permission of the chairperson thereof, from three regular meetings consecutively from the last regular meeting that the appointed commission member attended; or
B. If any appointed commission member is convicted of a crime of moral turpitude. (Ord. 99-4 § 1 (part), 1999)
2.34.070 Meeting and adoption of rules.
The commission shall elect as its chairperson and vice chairperson from among the appointed members for a term of one year, and subject to all other provisions of law, may create and fill such other offices as it may determine. The commission will hold one regular meeting per month, unless determined otherwise by the chairperson. The commission shall hold such other meetings as necessary to fulfill its purpose. The commission shall keep a record of its resolutions, transactions, findings, and determinations. (Ord. 99-4 § 1 (part), 1999)
2.34.080 Meeting—Time and place.
At the first meeting of the commission, the commission shall set by resolution the day and time of each regular meeting to be held at a place within the jurisdiction of the city of Dinuba, California. (Ord. 99-9 § 2, 1999: Ord. 99-4 § 1 (part), 1999)
2.34.090 Compensation.
The appointed members of the commission shall receive no compensation as commission members; but the city may reimburse expenses on behalf of the commission members in order for them to fulfill their duties under this chapter. (Ord. 99-4 § 1 (part), 1999)
2.34.100 Rules and regulations.
Where there are no existing rules or regulations, rules and regulations for the conduct of meeting of the city council for the city of Dinuba shall apply when not in conflict with the purposes of this commission. Where none of these rules, and except where modified by any other rules adopted by the commission, the Roberts Rules of Order shall apply. All acts and decisions, rules and recommendations of the commission shall be subject to the approval of the city manager. (Ord. 99-4 § 1 (part), 1999)
2.34.110 Duties and responsibilities.
The citizens police advisory commission shall:
A. Receive and, in its discretion, administrate and investigate allegations of police misconduct, with emphasis on excessive force, false arrests, complaints of discrimination, and/or sexual harassment;
B. When necessary, to conduct evidentiary hearings on allegations of police misconduct;
C. Make recommendations concerning allegations of misconduct to the city manager, who shall have the final discipline authority;
D. Recommend modifications, deletions, and additions to rules and regulations for the purpose of advising the city manager as to police procedures, regulations, and policies;
E. Subpoena and require the attendance of witnesses, and the production of books and papers, pertinent to the investigation and to administer oaths of such witnesses to the extent permissible by law;
F. To recommend to the city manager such changes to policies, procedures, and regulations regarding the commission’s duties and responsibilities as necessary in the commission’s discretion;
G. To promulgate rules and regulations to ensure confidentiality of the information and materials that are within the commission’s jurisdiction. (Ord. 99-4 § 1 (part), 1999)
2.34.120 Abstention from voting.
A commission member shall abstain from voting in the following situations:
A. Where the commission member has not heard all of the evidence presented at a hearing or any continued hearing/meeting or otherwise, unless the commission member has read a transcript, tape, or written record of the previously introduced evidence;
B. If the commission member has any financial or other interest in the matter;
C. If the commission member is a relative within the second degree of any sworn officer who is the subject of any investigation by the commission. (Ord. 99-4 § 1 (part), 1999)
2.34.130 Election of chairperson and vice chairperson.
There shall be an election held by the members of the commission on an annual basis based on the city’s fiscal year, to wit: July 1st through June 30th to elect the chairperson and vice chairperson of the commission to one-year terms. Election of the chairperson and vice chairperson shall be determined by majority vote. (Ord. 99-4 § 1 (part), 1999)