ORDINANCE NO. 9324

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER I, ARTICLE 25, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, BY AMENDING SECTIONS 1-2501, 1-2502, 1-2503, 1-2504, 1-2505, 1-2506, AND 1-2507, AND ENACTING NEW SECTION 1-2504.1, PERTAINING TO A COMMUNITY POLICE REVIEW BOARD.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2501 to read as follows:

 

1-2501              Establishment of Advisory Board. 

The Lawrence Citizen Advisory Board for Fair and Impartial Policing is hereby renamed the Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board.

 

SECTION 2: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2502 to read as follows:

 

1-2502                   Purpose of Advisory Board. 

The purpose of the Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board is first to advise and assist the City of Lawrence and its police department in policy development, education, community outreach and communications related to racial or other biased based policing. The Board shall also provide an independent, accessible, and efficient means for which the public may submit a complaint of police misconduct.

 

SECTION 3: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2503 to read as follows:

 

1-2503              SPECIFIC DUTIES OF ADVISORY BOARD.

 

The Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board shall:

 

1.             Review Lawrence Police Department policies regarding racial or other biased based policing and make recommendations to the Police Chief for the amendment of those policies or the adoption of additional policies on that subject as it deems necessary.

 

2.             Review the Police Department’s annual training on racial or other biased based policing, and if necessary suggest substitute or additional training to prevent racial or other biased based policing., and, at its discretion, participate in such training.

 

3.             Assist the Police Department with community outreach opportunities involving racial or other biased based policing prevention.

 

4.             Advise the Police Department about community concerns related to racial or other biased based policing.

 

5.             Receive annual reports regarding racial or other biased based policing from the Police Department no later than July 31st of each year.  Such report shall be presented to the Citizen Advisory Board for Fair and Impartial Policing Board prior to its submission to the Kansas Attorney General.  At a minimum, the report shall contain the information listed under K.S.A. 22-4610(d)(2) as required by law to be included.

 

6.             Report to the City Commission from time to time regarding its activities, including an annual report to be presented to the City Commission at the first regularly scheduled Lawrence City Commission meeting following July 31st of each year.

 

7.             Review and render advice on such other matters related to racial or other biased based policing as are assigned to the advisory bBoard by the Chief of Police, City Manager, or City Commission. 

 

8.             Receive training, as designated by the City Manager or his or her designee, to assist the Board in its review of alleged police misconduct. Such training may include, but is not limited to, police use of force, racial or other bias-based policing, and training to ensure the Board’s understanding of the police department’s current investigation processes.

 

9.             Receive complaints of police misconduct from the public, in a manner to be prescribed by the Board. Such complaints shall be forwarded to the police department for investigation in the manner in which any other such allegation of misconduct is normally investigated. Specific complaints identifying a police officer by name shall be confidential. 

 

10.          In any case in which a biased-based policing complaint is submitted to either the police department or the Board, and the complainant is unsatisfied with the police department’s findings and conclusion, the Board shall, upon written request of the complainant, review the police department’s findings. Such review shall take place in executive session, in accordance with K.S.A. 75-4319. Upon conclusion of its review, the Board shall deliberate in closed session.

 

11.          Based upon its confidential review and deliberations of a complaint under Sub-Section 10, the Board shall make a written recommendation to the City Manager affirming or disputing the police department’s findings. The City Manager may consider the Board’s recommendation, but the ultimate authority for disciplining or terminating any employee related to such complaints shall rest exclusively with the City Manager.

 

SECTION 4: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2504 to read as follows:

 

1-2504              Membership.

The Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board shall consist of seven members.  Each member shall be a resident of the City of Lawrence, Kansas. Membership is voluntary and no voting member shall receive payment for service on the Advisory Board. Members will be appointed by the Mayor with the consent of the City Commissioners. In making the appointments, the Mayor shall include participants who reflect the racial and ethnic makeup of the community. The Chief of Police may designate an employee of the City to be his liaison to the Advisory Board, and such designee shall serve as a nonvoting, ex officio member of the Advisory Board.

 

SECTION 5: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by enacting Chapter I, Article 25, Section 1-2504.1 to read as follows:

 

1-2504.1            CONFIDENTIALITY

Board Members participating in the receipt of a complaint from a citizen, or in the review of police department findings in any case involving alleged police misconduct, shall sign a non-disclosure statement indicating such member’s agreement to protect the privacy of officers involved and the confidentiality of the Board’s proceedings. A non-disclosure statement must be signed by the Board member before such member may serve on the Board.

 

SECTION 6: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2505 to read as follows:

 

1-2505              TERMS.

Voting members of the Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board shall serve three year terms, except that when making the initial appointments the Mayor shall designate that two specified members have a one year initial term and that two other members have a two year initial term in order to stagger the expiration of the terms of service. There is no limit to the number of terms that an individual may serve on the Advisory Board.  Upon the resignation of any such member, the Mayor, with consent of the City Commission, shall appoint a new member to serve the unexpired portion of the resigning member’s term. The Chief of Police’s designee shall serve at the pleasure of the Chief of Police.

 

SECTION 7: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2506 to read as follows:

 

1-2506                   MEETINGS.

Each year, one member shall be elected by the members of the Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board to be the Board Chairperson, who shall preside at meetings. The initial meeting shall be at a time and date specified by the Mayor.  All subsequent meetings shall be as called by the Board Chairperson, the Chief of Police, or by a majority of the members of the Advisory Board.  At least one meeting shall be held quarterly. The meetings shall be subject to all applicable provisions of the Kansas Open Meetings Act. The Board, in the exercise of its quasi-judicial functions, may recess into executive session during review of a bias-based policing complaint, pursuant to the provisions of 1-2503(10). The Advisory Board shall prepare and approve minutes of each of their meetings, which shall be forwarded to the City Commission.

 

SECTION 8: The Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, is hereby amended by revising Chapter I, Article 25, Section 1-2507 to read as follows:

 

1-2507              Decisions and Procedures of the Board.

Recommendations of the Citizen Advisory Board for Fair and Impartial Policing Community Police Review Board shall be approved by majority vote of the members present and voting.  The Advisory Board shall adopt any lawful rules, regulations and by-laws it deems necessary for its operation.  Such rules, regulations and by-laws shall be submitted to the City Commission and shall become effective upon approval by the City Commission.

 

SECTION 9: If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction it shall not affect the validity of any remaining parts of this ordinance.

 

SECTION 10: This ordinance shall take effect and be in force after its passage and publication as provided by law.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of ________, 2016.

 

 

APPROVED:

 

 

                                                           

Mike Amyx, Mayor

 

ATTEST:

 

 

__________________________________

Sherri Riedemann, City Clerk

 

 

 

APPROVED AS TO FORM:

 

 

__________________________________

Toni R. Wheeler, City Attorney

 

 

 

 

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NOTICE TO PUBLISHER

 

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.