CITY COMMISSION AGENDA ITEM

Department:	City Attorney’s Office		Commission Meeting Date:  Sept. 5, 2017
Staff Contact:	Maria Garcia, Assistant City Attorney
Recommendations/Options/Action Requested:
Adopt on first reading, Ordinance No. 9324, pertaining to a Community Police Review Board, if appropriate.
Executive Summary:		On December 6, 2016, the City Commission considered, without voting upon, a first draft of Ordinance No. 9324 amending Chapter 1, Article 25 of the City Code pertaining to a Community Police Review Board. Many significant changes were made to the draft since the December meeting, and those changes were reviewed with the City Commission at its May 16, 2017 meeting. At that meeting, staff was directed to make two additional changes: (1) include a term limit for Board members, and (2) clarify that the Board does not meet when there are no agenda items to discuss. Those changes are incorporated in the current draft before the Commission in Sections 1-2509 and 1-2510(a), respectively. Staff was also directed to continue working with the Lawrence Police Officers Association (LPOA). Since the May 16^th meeting, staff met with representatives from the LPOA for feedback on the ordinance. At the meeting, LPOA representatives suggested four additional edits to the draft: (1) Clarify in Section 1-2506(a)(6) under “qualifications” that a Board member cannot have been convicted of certain crimes; (2) Clarify in Section 1-2506(b)(4) that Board members cannot disclose information learned to any person outside the City Manager’s Office, City Attorney’s Office, Office of the Chief of Police, or any other person whom those offices deem necessary to receive such information; (3) Add to Section 1-2502 the term “members” so that the sentence mid-paragraph reads “Second, the Board members may provide an independent, accessible, and efficient means . . .”; (4) Amend Section 1-2510(b) regarding public comment to instead read: “General public comment shall not be allowed. The board may accept public comment on regular agenda items unrelated to a complaint. If comments are made relating to a complaint or allegation against a specific officer or officers, the Chairperson, or in the Chairperson’s absence the Chairperson’s designee, shall immediately direct the individual to the appropriate procedure to make a complaint. Further discussion on the complaint shall not be permitted.” At a special LPOA meeting held in August to discuss the ordinance with its members, the LPOA requested one additional edit: (5) Add to Section 1-2507 the following language to the section on confidentiality: “Board Members participating in the appeal of a complaint related to racial or other bias-based policing or any other complaint they receive, from a citizen shall sign a non-disclosure statement . . .” Requests (1) and (2) were incorporated into the draft. The request related to public comment under (4) above is substantive and should be discussed among the Commissioners. Therefore, requests (3) and (5) can also be discussed together at the same time. Lastly, staff requests direction on when the City Commission would like to have the ordinance take effect, provided that it is adopted.
Strategic Goal Area:		Effective Governance/Professional Administration Core Services Collaborative Solutions
Fiscal Impact (Amount/Source):		None.
Attachments:		Draft Ordinance No. 9324 Non-disclosure statement

Reviewed By: (for CMO use only)

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