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B. Investigations <br />PA and CRB and IA must have subpoena power to be effective. The charter, as an <br />expression of public home rule, requires sufficient budget, determined by the PA, for <br />investigations. PA complaint review must not be derailed by a criminal investigation— <br />facts are facts and a review and investigation can and must proceed concurrently <br />(cooperatively). If the criminal investigation is appropriate, there should be no conflict. <br />C. Monitoring Complaints <br />The PA’s role, as presented by the Charter, is to provide community participation in <br />police management—specifically around the issue of police misconduct! PA must have <br />open access to all relevant data at all times. If necessary, the Charter must supersede any <br />‘contracts’ regarding PA data access. Reasonable approach is to hold PA to <br />confidentiality standard regarding law enforcement data. <br />D. Adjudications <br />PA does not have to have authority to determine final adjudication provided civil suits are <br />available to complainants. The city would be fiscally prudent to pay close attention to PA <br />recommendations. Charter clearly provides PA authority to recommend discipline. <br />E. Appeals <br />Why is an appellate process (administrative) required for PA ‘recommendations’? <br />Appeals are typically for parties suffering material impact. Sunshine is not a material <br />impact. I reserve the right to seek further PA power requiring appellate review, if police <br />misconduct continues. <br />F. Other Considerations <br />A police force in tune with its community will definitely incorporate PA <br />recommendations and report into police training to the benefit of the community. <br />PA is subject to review by City Council. City Council may wish to consult w/CRB <br />for PA review. <br />Checks and balances suggest PA should not participate in EPD hiring. <br />General comment – Public Safety is important, but the police undermine law enforcement <br />in the community by acting outside the public interest. Folks in the community rare <br />reluctant to cooperate with the police when they feel they may become a victim of police <br />misconduct. The Charter is an opportunity for the police to step up to community unity. I <br />would welcome that. <br />(markld) <br />***** <br />Citizens’ board from each neighborhood <br />Beat cop <br />Agencies all looked at by a big auditor <br />Palo Alto - community church affiliates mission phones, return to location for <br />communication and status of complaint. <br />(Cheri S. 607-2823) <br /> <br />