WANT TO A WELCOME EACH AND
EVERYONE OF YOU TO THE FIFTH
HEARING OF THE SELECT COMMITTEE
ON POLICE REFORM I'M MIKE GIPSON
AYE CHAIR OF THIS COMMITTEE I
WANT TO PAUSE FOR A MOMENT THANK
OUR SPEAKER ANTHONY RENDON FOR
GIVING ME THIS TREMENDOUS
OPPORTUNITY FOUR POINT TO ME THE
CHAIR OF THE SELECT COMMITTEE ON
POLICE REFORM HE DID SO IN TWO
THOUSAND AND TWENTY HAVE BEEN
CHAIRING THIS COMMITTEE- SINCE
THEN BEFORE WE BEGIN I MUST NOPE
OF SOME RULES THAT WE HAVE TO
FOLLOW REGARDING A PHYSICAL
DISTANCING SO I WOULD ASK THAT
YOU PLEASE BEAR WITH ME. AS I-
RECITE- THESE RULES DUE TO THE
CONTINUOUS AND COVERT
REGULATIONS WE ARE PRACTICING
PHYSICAL DISTANCE THING HERE IN
THE HEARING ROOM AND THROUGHOUT
THE CAPITOL BUILDING SO WE ARE
ONLY ABLE TO HAVE A LIMITED
NUMBER OF PEOPLE. WATCHING AT
PARTICIPATING IN THE HEARING
ROOM IN PERSON. YES MA'AM WE ARE
ALSO REQUIRED THAT EACH PERSON
TO WEAR A MASK AT ALL TIMES IT
ALSO. ACTIS PHYSICAL DISTANCING-
BEING MAINTAINED- BY ALL MEMBERS
OF THE PUBLIC TESTIFYING RATHER
HEAR IN THEM IN THE ROOM OR AND
THE VIDEO CONFERENCING CENTER.
IF WE HAVE ONE I'M NOT SURE WE
DO BUT IN THE VIDEO CONFERENCING
CENTER IF YOU DO NOT HAVE A
MASSIVE ONE MASS A MASS WILL BE
PROVIDED TO YOU. BECAUSE OF OUR
SPACE LIMITATIONS THAT WE HAVE
SOME COMMITTEE MEMBERS SITTING.
ON THE DYESS OF YOU MEMBERS
SITTING IN THE AUDIENCE IN THE
FIRST ROW BUT THOSE COMMITTEE
MEMBERS. WHO WILL BE SPEAKING WE
ASK YOU TO PLEASE APPROACH THE
MICROPHONE THIS PROVIDED THAT'S
BEHIND A PLEXIGLASS WE ASK THAT
YOU NOT TOUCH THE PLEXIGLASS. WE
WILL HAVE SOMEONE A LONGER POST
LOWER THE MICROPHONE TO YOUR
DESIRED SPECIFICATION IF IN
FACT- YOU NEED. WE HAVE A-
DIFFERENT OPTIONS FOR THE PUBLIC
. WHEN WE REACH THE PUBLIC
COMMENT PORTION OF THE AGENDA I
WOULD ASK THAT ANY MEMBER OF THE
PUBLIC HERE AND THERE IN THE
ROOM PLEASE APPROACH THE
MICROPHONE AGAIN PLEASE DO NOT
TOUCH THE MICROPHONE WE WILL
LOWER IT AND ADJUST IT TO YOUR
SPECIFICITY WHO WAS SPECIFIES-
YOUR COMFORT LEVEL. IN ADDITION
TO THAT PRACTICE THOSE ARE
DISTANCING ONCE YOU- FINISHED
TESTIFYING WE WOULD ASK THAT YOU
PLEASE EXIT THE MEETING ROOM OR
PLEASE RETURN BACK TO YOUR SEAT
AGAIN PRACTICING PHYSICAL
DISTANCE THING AS WELL ALSO WE
WANT TO HEAR TO THE ELEVATORS-
TO PEOPLE IN L. ONE PERSON
ELEVATOR AND YEAH. AT ANY GIVEN
TIME. AND THOSE WHO ARE- IN
ADDITION- BEING THOSE WERE BEING
TESTED WHO ARE TO TESTIFYING-
OUTSIDE THE HEARING ROOM AGAIN
WE ASK THAT YOU AGAIN PRACTICE
SOCIAL DISTANCING AS WELL.
WITNESSING A VIDEO CONFERENCING
ROOM HERE IN THE CAPITAL OR AT
THE REMOTE TESTIFYING STATION
LOCATED ON THE CAPITOL GROUNDS
AND IN A FEW OTHER. LOCATIONS
THROUGHOUT THE STATE UP
PRACTICES THOSE ARE DISTANCING
WEAR MASK- AND FOLLOW THOSE
GUIDELINES IN ADDITION TO THAT.
FOR THOSE WHO LIKE TO DIAL IN
AND ALSO TESTIFIED WE HAVE
PROVIDED- A MONITORING. IT
MONITOR- TELEPHONE SERVICE- FOR
THE PUBLIC- THE CALL IN NUMBER-
FOR THE HEARING IS AREA CODE
EIGHT SEVEN SEVEN. SIX NINE TWO.
EIGHT NINE FIVE SEVEN ONCE AGAIN
DO YOU LIKE TO CALL IN AND
PROVIDE TESTIMONY THE CALL IN
NUMBER ONCE AGAIN IS EIGHT SEVEN
SEVEN. SIX NINE TWO EIGHT NINE
FIVE SEVEN AND THE ACCESS CODE
IS THIRTEEN. FIFTEEN FORTY TWO
OH TWO ONCE AGAIN IT'S. ONE
THREE ONE FIVE FOUR TWO ZERO TWO
YOU CAN ALSO FIND IT ON THE
ASSEMBLY WEBSITE TV SCREEN THE
OPERATOR WILL PLACE YOU IN THE
QUEUE AND THEN GIVE YOU FURTHER
INSTRUCTIONS- FROM THERE IF
YOU'RE CALLING IN WE WOULD ASK
THAT YOU PLEASE LIMIT IT. UP
BACKGROUND NOISE IF YOU IF YOU
DON'T EVEN LIVES LIVE SCREEN WE
WANTTO MAKE SURE THAT YOUR
TESTIMONIES COMING THROUGH
CLEARLY WITHOUT ANY DISTORTION
ANY BACKGROUND NOISE IT MAY BE-
CELL ROUNDING YOU SO WITH THAT I
WOULD ASK YOU PLEASE GOVERN
YOURSELVES TO THESE HOUSEKEEPING
ROLES- AS WE MOVE FORWARD. WITH
TODAY'S HEARING. FOR ALL OF YOU
IN ATTENDANCE HERE- AND ONLINE
THANK YOU FOR PARTICIPATING
TODAY- YOU LIKE ME AND OTHER
MEMBERS OF THE SELECT COMMITTEE
ARE COMMITTED TO SEEKING JUSTICE
AND COMMUNITIES WE SERVE. IN ITS
FIRST BEFORE HEARINGS OVER THE
LAST YEAR AND A HALF THIS SELECT
COMMITTEE HAS BEGUN WORK TO
CREATE A COMPREHENSIVE REFORM.
ONE OF OUR OVERALL POLICY GOALS
HAVE HAS BEEN TO HOLD BAD ACTORS
ACCOUNTABLE AND IMPROVING THE
RELATIONSHIP BETWEEN THE
COMMUNITY AND LAW ENFORCEMENT
THUS FAR WE HAVE LEARNED ABOUT
THE HISTORY. THE POLICE REFORM
EFFORTS IN CALIFORNIA. AND HOW
TO IMPROVE RECRUITMENT AND
TRAINING WE HAVE EXPLORED THE
RIGHT BALANCE. ON TRAINING AND
ACCOUNTABILITY AND WE'RE HERE
WE'VE HEARD FROM VICTIMS WE'VE
HEARD FROM POLICE WE HEAR FROM
VICTIMS OF POLICE BRUTALITY WE
HAVE HEARD FROM FAMILIES OF SUCH
AS ANGELO KINKO ANGELO CAME TO
WAS A NAVY VETERAN- FROM THE BAY
AREA WHO WAS TRAGICALLY. KILLED
IN CUSTODY SIMPLY US SIMILAR
LIKE GEORGE FLORIDA AND
MINNESOTA WE WILL CONTINUE TO
SAY IS NAME AND OTHER NAMES OF
INDIVIDUALS WHO LOST THEIR LIVES
. AS A RESULT OF THE GREAT WORK
MY COLLEAGUES THAT I HAVE DONE.
AS WELL. USING HERE IN THE
LEGISLATURE WHO LEADS THEIR OWN
CHARGE WE HAVE PASSED EXTORT
POLICE REFORM LAWS THAT WILL
IMPROVE AND SAVE SO MANY LIVES
IN THIS GREAT STATE THESE
REFORMS INCLUDES PROHIBITING LAW
ENFORCEMENT GANGS. A BAN ON
RESTRAINTS THAT LEADS TO
POSITIONAL OF BIXIO. A
DECERTIFICATION PROCESS. MORE
TRANSPARENCY IN POLICE RECORDS.
A DUTY TO INTERVENE A DUTY TO
INTERVENE IS REQUIRE HIGHER
STANDARDS FOR ASPIRING LAW
ENFORCEMENT. OF CANDIDATES WHO
WANT TO GO INTO LAW ENFORCEMENT
SPECIFICALLY NEW OFFICERS MUST
BE AT LEAST TWENTY ONE YEARS OF
OLDER AND HAVE A COLLEGE DEGREE
CALIFORNIA IS LEADING THE WAY
BUT WE HAVE SO MUCH WORK TO DO-
IN THE FUTURE. OUR WORK WILL BE
DONE. HERE TO PROTECT
CALIFORNIA'S AND FAMILIES WE
WANT TO DO EVERYTHING WE CAN IN
OUR POWER TO REWRITE READ OUT OF
THOSE OFF THOSE BAD ACTORS BUT
ALSO WANT TO MAKE SURE THERE'S A
BETTER RELATIONSHIP BETWEEN LAW
ENFORCEMENT AND OUR COMMUNITY.
TODAY WE HAVE WE WILL BE
ACCESSING. THE PEACE OFFICERS
ARE PEACE OFFICERS PROCEDURES
BILL OF RIGHTS ALSO KNOWN AS
PROBAR PULL BAR FOR ITS POLICE
OFFICERS WHO HAVE COMMITTED
MISCONDUCT CERTAIN I'M
PROTECTIONS WHILE UNDER
INVESTIGATION WE WILL HEAR FROM
EXPERTS IN ACADEMIA- LAWYERS WHO
REPRESENT THE RANK AND FILE
OFFICERS POLICE CHIEF. AND
OTHERS TO INFORM MEMBERS. OF THE
SELECT COMMITTEE. AND THE PUBLIC
THANK YOU ALL FOR BEING HERE
TODAY I DON'T THINK MY
COLLEAGUES AND THOSE WHO ARE
WATCHING. FROM WHEREVER YOU ARE
AND PARTICIPATING- IN TODAY'S
HEARING. THOSE IN THE AUDIENCE
WHO HAVE ALSO HAVE AN
OPPORTUNITY TO PARTICIPATE
DURING THE PUBLIC COMMENT
SECTION ON THE AGENDA THAT WE
AFTER ALL ALL THE PANELS HAVE
PRESENTED AND QUESTIONS FROM MY
COLLEAGUES THEN YOU ARE ALSO
HAVE AN OPPORTUNITY TO
PARTICIPATE. AS WELL BEFORE WE
BEGIN I WANT TO RECOGNIZE MY
COLLEAGUES WILL TAKE A TIME OUT
THEIR BUSY SCHEDULE TO JOINING
US FOR A FEW OPENING COMMENTS TO
PLEASE INTRODUCE YOURSELVES ONE
TO START WITH THE MAJORITY
LEADER- ELOISE RACE. SO PLEASE
FEEL FREE. THANK YOU- AND GOOD
MORNING I WANT TO BEGIN BY
THANKING. OUR CHAIR MISTER
GIBSON FOR LEADING US. ON SUCH
AN IMPORTANT TOPIC I ALSO WANT
TO. SELECT THE I WANT TO THANK
THE SELECT COMMITTEE STAFF. FOR
ORGANIZING TODAY'S HEARING AND
THANK OUR PANELISTS FOR JOINING
US TO TALK ABOUT SUCH AN
IMPORTANT ISSUE WE'VE HEARD FROM
SOME OF THEM IN THE PAST. AND
IT'S ALWAYS BEEN VERY INSIGHTFUL
TO HEAR FROM THEM SO LOOK
FORWARD TO HEARING FROM THEM
AGAIN TODAY. THE CURRENT CLIMATE
ON POLICE REFORM GIVES US THE
UNIQUE OPPORTUNITY TO BRING
BOARD TO BRING FORTH CHANGE AND
AWARENESS.WITH PUBLIC SUPPORT.
WITH EVENTS THAT HAVE OCCURRED
OVER THE PAST FEW YEARS AS
MENTIONED BY MY COLLEAGUE. IT IS
OUR DUTY AS COMMITTEE MEMBERS TO
QUESTION THE STATUS QUO. AND
FIND WAYS TO INCREASE POLICE
ACCOUNTABILITY AND BRING JUSTICE
FOR ALL CALIFORNIANS IN AN
EQUITABLE WAY. IT'S REALLY ALL
ABOUT COMMUNITY AND LAW
ENFORCEMENT AND PROTECTING
EVERYONE WHILE WORKING TOGETHER
. I'M ALSO EAGER TO HEAR FROM
THE PANELISTS FROM A WIDE ARRAY
OF BACKGROUNDS AS WE DISCUSS THE
POLICE OFFICERS BILL OF RIGHTS
AND THE FUTURE OF POLICE
ACCOUNTABILITY IT IS FITTING TO
HAVE INDIVIDUALS FROM LAW
ENFORCEMENT AND FROM THE LEGAL
SECTOR TO HELP FACILITATE THE
CONVERSATION. WE ARE COMMITTED
TO PROVIDING THE ACCOUNTABILITY
AND PROTECTION FOR OUR COMMUNITY
AND FOR LAW ENFORCEMENT AS WELL.
I LOOK FORWARD TO THE HEARING I
LOOK FORWARD TO HEARING FROM ALL
OF US TO FIGURE OUT HOW WE CAN
BEST ENSURE. POLICE
ACCOUNTABILITY AND PUBLIC SAFETY
WHILE UPHOLDING CIVIL RIGHTS AND
MOST IMPORTANTLY HUMAN RIGHTS.
THANK YOU VERY MUCH NEXT WILL
HAVE- ASSEMBLY MEMBER- BLACKIE.
THANKS TO ALL OF A ORGANIZED
THIS- THIS GATHERING IN THIS
OPPORTUNITY TO DISCUSS A VERY
IMPORTANT MATTER- I CAME NOT TO
TALK BUT TO LISTEN AND SO. I
LOOK FORWARD TO WHAT'S GOING TO
BE EXPRESSED TODAY. BUT JUST AS
A POINT OF INTEREST TWENTY OF MY
TWENTY EIGHT YEARS WITH THE
CALIFORNIA HIGHWAY PATROL WAS
SPENT BEING A FRONT LINE
SUPERVISOR. SO I'M FAIRLY-
FAMILIAR WITH THE PEACE OFFICER
BILL OF RIGHTS AND I HOPE AFTER
THIS DISCUSSION PEOPLE WILL
REALIZE THAT IT'S ROOTED IN JUST
FAIRNESS INVESTIGATIVE PROCESS
THANK YOU. I WANT TO THANK MY
COLLEAGUES FOR YOUR COMMENTS- IN
YOUR REMARKS AND- I'M VERY
EXCITED THAT YOU AGAIN ONCE ARE
HERE. WE KNOW THE OTHER MEMBERS
WILL BE JOINING US- JESS ALSO TO
A POINT OF VIEW- MOST OF OUR IF
NOT ALL OF OUR I'M WITNESSES
WILL BE VIEWED- VIRTUALLY. SO WE
HAVE NO ONE WHO WILL BE COMING
IN THE ROOM TO TESTIFYING- IN
PERSON- WE WILL BE LOOKING AT
AND CAUSING EVERYONE TO- THAT-
YOU TO TURN TO YOUR MONITORS FOR
OF THOSE WILL BE. JOINED AS
VIRTUALLY. IN ADDITION TO THAT-
I AGAIN I'M EXCITED TO BE HERE
I'M EXCITED THAT WE'RE AT THIS
PLACE TO CREATE. A MORE ROBUST
CONVERSATION AND UNDERSTANDING.
IN THIS SPACE BECAUSE I THINK
IT'S ABSOLUTELY IMPORTANT THAT
WE DISCUSS- PULL BAR AND-
PROVIDE CLARITY AND INFORMATION
SO THAT THE PUBLIC AND ALSO-
OURSELVES AS POLICY MAKERS HAVE
A BETTER UNDERSTANDING ME AS A
FORMER POLICE OFFICER I
UNDERSTAND- IS MR. A LACKEY HAS
INDICATED- HOPEFULLY THAT- LAST
OF WAS WE MOVE FORWARD- ANSWER
QUESTIONS EVERYONE ELSE HAVE A
BETTER UNDERSTANDING. AS RELATES
TO THE PEACE OFFICERS BILL OF
RIGHTS. SO WITH THAT BEING SAID
. WE WANT TO- WELCOME MARA
PANELISTS FOR JOINING US TODAY-
I WOULD ASK THAT YOU TAKE TEN
MINUTES AND WITHIN THOSE TWO
MINUTES IF YOU CAN PLEASE
INTRODUCE YOURSELF AND THEN
COMMENCE TO- PROVIDING YOUR
PRESENTATION WITH US. WE WILL
HAVE A ROBUST DISCUSSION ON THE
HISTORY FUNDAMENTALS AND
PERSPECTIVE OF THE PEACE
OFFICERS BILL OF RIGHTS. AND THE
FIRST PANEL IS MARIA- AND I NEED
YOUR HELP IF YOU JUST PRONOUNCE
YOUR LAST NAME ASSOCIATE LAW
PROFESSOR. AT THE UNIVERSITY OF
MINNESOTA LAW SCHOOL SO THANK
YOU SO VERY MUCH IF YOU CAN
PLEASE HELP ME PRONOUNCE YOUR
LAST NAME A GREATLY APPRECIATE
IT AND JUST GIVE US YOUR
INTRODUCTION TO COMMENCE WHICH
REPRESENTATION THANK YOU ONCE
AGAIN. AT COURSE AND THAT THINK
SO MUCH AT CHAIR AT GIPSON AND
COMMITTEE MEMBERS. THANKS FOR
INVITING ME TO SPEAK WITH YOU
TODAY ASKED MY NAME IS MARIA
EVAN RANKO I'M A LAW PROFESSOR
AT THE UNIVERSITY OF MINNESOTA
LAW SCHOOL I'M ALSO A CO FOUNDER
AND COUNSEL AT THE POLICING
PROJECT AT NEW YORK UNIVERSITY
SCHOOL OF LAW. I'M THE POLICING
PROJECT WORKS WITH POLICE
DEPARTMENTS WITH COMMUNITY
GROUPS AND ELECTED OFFICIALS TO
PROMOTE A MORE EQUITABLE SHASTA
AND EFFECTIVE APPROACH TO
POLICING OUT WE'VE WORKS NOW IN
MORE THAN A DOZEN JURISDICTIONS
INCLUDING. NEW YORK CHICAGO
NASHVILLE TO SANA AND HERE IN
LOS ANGELES. I'M PARTICULAR
RELEVANCE AT THIS COMMITTEE
WE'VE ALSO DRAFTED MODEL STATE
LEVEL LEGISLATION ON VARIOUS
POLICING ISSUES INCLUDING THE
SORTS OF ACCOUNTABILITY CONCERNS
THAT ARE THE SUBJECT OF THIS AND
PRIOR HEARINGS OF THIS
COMMITTEE- I'VE BEEN ASKED TODAY
AT TO PROVIDE SOME BACKGROUND ON
THE PEACE OFFICERS BILL OF
RIGHTS. AT IN ORDER TO SET THE
STAGE FOR THE DISCUSSION TO
FOLLOW AT WHICH I ALSO REALLY
EAGER TO HEAR FROM THE OTHER
PANELS THE BALLOT. UNTIL THE
PEACE OFFICERS BILL OF RIGHTS AT
BASICALLY I'D GIVES OFFICERS
ASSIGNED OF RIGHTS AND
PROTECTIONS MOSTLY HAVING TO DO
WITH THE DISCIPLINARY. PROCESS
AT SOAP BARS COURT PROVISIONS
KICK IN WHENEVER AN OFFICER IS
UNDER INVESTIGATION FOR
MISCONDUCT- SOME OF THE
PROVISIONS THAT. BASICALLY JUST
CODIFY KIND OF TRADITIONAL DUE
PROCESS PROTECTIONS AT SUCH AS
THE BASIC REQUIREMENT THAT
OFFICERS HAVE NOTICED AN
OPPORTUNITY TO BE HEARD BEFORE
DISCIPLINE CAN BE IMPOSED. IT'S
POTENTIALLY IN A MUCH MORE BUT-
SAT CONSTRAINTS MONTHS CON
INVEST. THAT GO BEYOND WHAT
OTHER SECTOR EMPLOYEE ENJOY AT
LEAST AS A MATTER OF STATE LAW.
CALIFORNIA'S NOT ALONE IN HAVING
A PEACE OFFICER'S BILL RATES AT
THEIR CURRENTLY TWENTY STATES UP
WITH THESE SORTS OF STATUTES. AT
MARYLAND WHICH WAS IN FACT THE
FIRST TO ENACT AT POLICE
OFFICERS BILL OF RIGHTS ACT
REPEALED ITS PROFESSION EARLIER
THIS YEAR AT LEADING TWENTY
OTHER STATES WITH THE SORTS OF
PROTECTIONS IN PLACE. ON
CALIFORNIA'S POMAR ABSENCE IN
NINETEEN SEVENTY SIX AND
RESPONSE TO CHIU OVERLAPPING
SETS OF CONCERNS. ABOUT THE
FIRST WAS THE PERCEPTION AMONG
pLINE OFFICERS THAT POLICE
DISCIPLINARY PROCESS THESE WERE
OFTEN. ARBITRARY AND GROSSLY
UNFAIR- SO OFFICERS ROUTINELY
COMPLAINED THAT THE LIKELIHOOD
AND SEVERITY OF DISCIPLINE. VERY
LITTLE TO DO WITH THE
SERIOUSNESS OF THE ALLEGATIONS
AGAINST OFFICERS. BUT WAS
INSTEAD DRIVEN BY FAVORITISM
MEDIA PRESSURE AND OTHER FACTORS
THAT WERE OUTSIDE OFFICERS
CONTROL ON THE PERCEPTION WAS
THAT SOME OFFICERS ACTED OPERATE
WITH IMPUNITY BECAUSE THEY WORK
WELL LIKED BY THEIR SUPERIORS.
AND OTHERS WERE SUBJECT TO
DISCIPLINE FOR MINOR INFRACTIONS
THAT WOULD OTHERWISE BE IGNORED.
OFFICERS ALSO EXPRESSED
TREATMENT OF THAT CONCERN ABOUT
THE TREATMENT AT DURING
DISCIPLINARY INVESTIGATIONS.
INCLUDING IN PARTICULAR THE USE
OF WRAPS AND OTHER COURSE OF
TECHNIQUES IN ORDER TO GET
OFFICERS TO CAN FAST. UNTIL POLL
WAS DESIGNED IN PART TO ADDRESS
THE SORTS OF CONCERNS BY HAVING
SOME DEGREE OF PROCEDURAL
FORMALITY TO THE DISCIPLINARY
PROCESS. ENSURING THAT OFFICERS
HAD AN ADEQUATE OPPORTUNITY TO
PRESENT OUR DEFENSE. THERE IT'S
REALLY IMPORTANT TO ACKNOWLEDGE
THE VERY REAL CONCERNS AT THAT
DROVE THE ENACTMENT PULL BAR.
WHICH OUT RIGHTLY OR WRONGLY
AFTER SYSTEM ON OFFICERS TO THIS
DAY. I'M AT THE SAME TIME I
THINK EQUALLY IMPORTANT TO RACK
. THAT THIS TO KIND OF READ.
FORMALIZED DISCIPLINE PROCESS.
WAS ALSO A CRISP TO. FOR GREATER
POLICE ACCOUNT. AFTER THE CIVIL
MOVEMENT IN THE NNETEEN SIXTIES
AND PERHAPS MORE IMPORTANTLY THE
RISE OF CIVILIAN REVIEW BOARDS
AND THE PUSH FOR GREATER
COMMUNITY CONTROL OVER THE
POLICE. IN OTHER STATES WITH
HOPE OUR STATUTES WE ACTUALLY
SEE MUCH STRICTER LIMITS ON
CIVILIAN INVOLVEMENT IN THE
DISCIPLINARY PROCESS WHICH
REALLY KIND OF BRINGS OUT THE
OTHER SIDE OF THE HISTORY OF A
BAR. CALIFORNIA'S POOR DOES NOT
EXPRESSLY PRECLUDES CIVILIAN
REVIEW- BUT THIS PUSH FOR HER
KIND OF STRONGER PROCEDURAL
PROTECTIONS AND MORE FORMAL
CONSTRAINTS ON POLICE DISCIPLINE
I WAS NEVER THE LAST BIRD AT
LEAST IN PART. BY A GREATER
PUBLIC SCRUTINY OF POLICE. AND
SO PERHAPS UNSURPRISINGLY ACT
HEALTH PLEASE CALL OUR INCLUDES
AND MAKES OF FAIRLY RUDIMENTARY
PROCEDURAL PROTECTIONS ALONG
WITH A FEW PROVISIONS THAT
POTENTIALLY MAKE IT HARDER TO
HOLD OFFICERS ACCOUNTABLE
MISCONDUCT. AMONG THE PROVISIONS
THAT ENSURE BASIC PROCEDURAL
FAIRNESS ACT IS FOR EXAMPLE THE
REQUIREMENT THAT OFFICERS BE
INFORMED OF THE NATURE OF THE
ALLEGATIONS AGAINST THEM PRIOR
TO QUESTION- SO. THAT TAKE A
REASON HOUR. IDEALLY WHILE IN
OUR IS ON DUTY- AND REQUIRES
THAT ALL HAVE AN OP. TO TAKE
BREAKS DURING INTERROGATION TO
ATTEND OUR PHYSICAL NEEDS.
OCTOBER ALSO PROHIBITS AGENCIES
FROM FOR EXAMPLE REQUIRING
OFFICERS TO SUBMIT TO A
POLYGRAPH WHICH AGAIN IS A
REASONABLE LIMITATION GIVEN THE
MANY CONCERNS ABOUT THE ACCURACY
OF THE SORTS EXAMS. PROVISIONS
POTENTIALLY IMPOSE A MORE
SERIOUS. DETAILS SO FOR EXAMPLE
WHO ARE GENERALLY REQUIRES THAT
AN INVESTIGATION OF AN OFFICER
BE COMPLETED WITHIN ONE YEAR OF
ONE AGENCY LEARNS ALEXION'S
CONDUCT. WHICH MEANS THAT AN
OFFICER ME SOMETIMES GET A FREE
PASS AGENCIES SLOW ACT I'M
STATUTES OF LIMITATION FOR OTHER
PUBLIC SECTOR EMPLOYEES
INCLUDING IN CALIFORNIA ARE
TYPICALLY CLOSER TO THREE YEARS
WHICH ENSURES THAT AGENCIES HAVE
THE OPPORTUNITY TO FULLY
INVESTIGATE ALL THE FACTS. WERE
ALSO REQUIRES AGENCIES TO
PROVIDE OFFICERS. WITH A
TRANSCRIPT OF ANY PRIOR
INTERROGATION OF THE OFFICER TO
THE INCIDENT BEFORE AN OFFICER
COULD BE QUESTIONED A SECOND
TIME I'M THIS PROVISION AGAIN
MAY MAKE IT A LITTLE BIT MORE
DIFFICULT TO IDENTIFY POTENTIAL
INCONSISTENCIES AN OFFICER
STORY. THROUGH MULTIPLE ROUNDS
OF QUESTIONING WHICH IS OF
COURSE THE TRADITIONAL.
TECHNIQUE I'M. FINALLY AT. YES
PROCEDURAL PUT CAN WHEN I AN
OFFER IS BEING QUESTIONED ABOUT
A PATTERN THAT COULD POTENTIALLY
LEAD TO DISCIPLINE I'M AT LEAST
OF REYES CONCERN I. THE BECAUSE
THIS COULD POTENTIALLY APPLY TO
SUPERVISORY QUESTIONING
IMMEDIATELY AFTER USE OF FORCE
AND- THIS CAN MAKE IT MORE
DIFFICULT FOR SUPERVISORS TO
QUICKLY DEVELOP AN ACCURATE
PICTURE OF WHAT IN FACT OCCURRED
. I'M SAD I'M UNDERSCORE THAT
CONTROL FOR HIS POOL BAR LACKS
NUMBER THE MORE TROUBLING
PROVISIONS THAT HAVE DRAWN
WIDESPREAD CRITICISM OF PULL
BARS IN OTHER STATES AT SO
MARYLAND'S LAW ENFORCEMENT BILL
OF RIGHTS WHICH WAS RECENTLY
REPEALED I'LL HAVE IT OFFICERS
TO DELAY INTERROGATION FOR UP TO
TEN DAYS. NO QUESTIONS ASKED AND
THIS OBVIOUSLY I WAS A SERIOUS
IMPEDIMENT TO GETTING A QUICK
ACCOUNTING ACTS. MARYLAND'S
ATLEO BORE ALSO REQUIRED THAT
THE PERSON INTERROGATING A
POLICE OFFICER BE A SWORN
OFFICER THEMSELVES WHICH
ESSENTIALLY PRECLUDED ANY SORT
OF CIVILIAN OVERSIGHT ENTITY
FROM INVESTIGATING POLICE
MISCONDUCT. AND MINNESOTA OUT
WHERE I AM ACT HAS A PROVISION
ITS- BILL OF RIGHTS WHICH
BASICALLY PRECLUDES ANY SORT OF
CIVILIAN PER VIEW AT BY
PROHIBITING CIVILIAN REVIEW
BOARDS FROM EITHER MAKING
FINDINGS FACT AROUND POLICE
MISCONDUCT. OR IMPOSING
DISCIPLINE ON OFFICERS I'M
FLORIDA'S AT. AT BILL OF RIGHTS
WHICH AGAIN HAS DRAWN WIDESPREAD
CRITICISM REQUIRES OFFICERS TO
GET ACCESS TO THE COMPLAINT ALL
WITNESS STATEMENTS ALL EVIDENCE
AGAINST THEM BEFORE THEY CAN
EVER BE QUESTIONED IN THE FIRST
PLACE I'M AND THIS OF COURSE
GIVES OFFICERS AN EXTRAORDINARY
DEGREE OF LEEWAY AT TO CONSTRUCT
THEIR VERSION OF EVENTS BASED ON
WHATEVER IT IS THAT THE
EVIDENCE. REPORT TO SHOW I'M SO
YOU KNOW AGAINST THE BACKDROP OF
AT WORST OTHER STEVE
CALIFORNIA'S IS SOMEWHAT MORE
NARROWLY TAILORED TO RIDLEY
ADDRESSED CONCERNS ABOUT
PROCEDURAL FAIRNESS AND TO
BALANCE OFFICERS INTERESTS
AGAINST AGENCIES LEGITIMATE
INVESTIGATIVE. NEEDS ON THE LAST
POINT THAT I JUST WANT TO MAKE
IS THAT. WATER IS NOT THAT WE
POTENTIAL OBSTACLE HOLDING
OFFICERS ACCOUNTABLE AND
ELIMINATING POTENTIAL PROVISIONS
FROM HOME ARE NOT NECESSARILY
NEED TO CEASE TO BE A PROBLEM IN
THE STATE. COUNCIL IS AS WITH AT
LEAST BILL OF RIGHTS WELL OF THE
SAME PER ARE K IN STATE AND
CLAY PARK AGREEMENTS WE SEE.
COLLECTIVE ARE AGREEMENT OFF
IMPOSE MY STRICTER COMMITTEE ON
THE DISK PROCESS THE EVEN NUMBER
X. POLICE ARE. HELLO RIGHTS
THANKS A LOT OF COLLECTIVE
BARGAINING IMPOSED WAITING
PERIODS AN OFF CAN QUESTION.
GIVE OFFICERS ACCESS TO ALL OF
THE EVIDENCE AGAINST THEM WERE
PROHIBITED AND H SORT OF
CIVILIAN REVIEW I'M ONLY DONE A
CURSORY LOOK AT BUT IT LOOKS
LOOKS LIKE THEY'RE AT LEAST SOME
OF THE SORTS OF PROVISIONS HERE
AND CBA'S IN CALIFORNIA OF THOSE
HARD TO KNOW JUST HOW PREVALENT.
THEY ARE. IN ABSENCE OF A STATE
LEVEL CLUB WHERE THOUGH AT MIGHT
EXPECT THAT THE SORTS OF
PROVISIONS BUT START TO CROP UP
WITH A GREATER DEGREE OF
FREQUENCY. I'M AND SO SHOULD
THIS COMMITTEE AT DECIDED TO
PROPOSE AMENDING OR REPEALING
POLLUTION AB PORTIONS OF BAR.
MADE VICE WOULD BE TO APPROACH
THE MATTER HOLISTICALLY AND TO
ENSURE THAT THE SORTS OF
PROVISIONS I CAN'T JUST COME
INTO BEING ACT BACK THROUGH A
LOCAL COLLECTIVE BARGAINING
AGREEMENTS. THANKS SO MUCH AND I
LOOK FORWARD TO HEARING. THANK
SO VERY MUCH FOR YOUR TESTIMONY
WE REALLY APPRECIATE AGAIN THE
INFORMATION YOU PROVIDED-
MEMBERS ARE GONNA DO IS GONNA
HAVE ALL THE PANELS SPEAKING
THEY WERE GOING TO ASK QUESTIONS
WE'VE ASKED ALL THE PANELS TO
PLEASE. REMAIN ONLINE WITH US-
INTO IT AFTER ALL THE PANELS
HAVE COME COMPLETE THEIR
TESTIMONIES THEIR PRESENTATION
THEN WE WILL ASK FOR A SERIES OF
QUESTIONS FROM AN ARRAY OF- THE
PANELISTS- FROM MEMBERS- MOVING
FORWARD AND SO WITH THAT BEING
SAID THANK YOU VERY MUCH BECAUSE
PLEASE STAND BY- MEMBERS WE
INVITE YOU TO PLEASE WRITE YOUR
QUESTIONS DOWN- AND SO WE CAN GO
BACK AND REFER TO IT- AND
ADDRESS IT WHOEVER YOU CHOOSE.
NEXT THAT WE WANT TO WELCOME-
CECIL RAMBO HE IS THE CHIEF OF
L. A. X. POLICE. DEPARTMENT
WHOSE PRISON TO WHO'S
PARTICIPATING VIRTUALLY WITH US-
CHIEF RABBI YOU WITH US. BUT YES
YES CHAIRMAN NOW CAN YOU CAN YOU
GUYS HEARING WE CAN HEAR VERY
WELL THANK YOU SO VERY MUCH FOR
JOINING US WE APPRECIATE IT. WE
ASK THAT YOU TAKE TEN MINUTES IN
THOSE TEN MINUTES IF YOU CAN
PLEASE IN ADDITION CELL AND THEN
COMMENCED TO- SHARING WITH US-
YOUR THOUGHTS IN YOUR TESTIMONY.
ON THE SUBJECT. ABSOLUTELY THANK
YOU GUYS FOR HAVING ME ON- AND
I'VE ACTUALLY WORKED UP IN THE
FALL DELIVERY INSIDE I KNOW US
FROM AND LIKE EACH. OTHER SO I'M
I'M NOT A THIRDS CHEERS INTO LAW
ENFORCEMENT- I SPENT THIRTY
THREE OF THOSE YEARS IN THE
SHERIFF'S DEPARTMENT- I WAS
ASSIGNED INTERNAL AFFAIRS TWICE
AT TWO DIFFERENT RANKS. AS A
SERGEANT AND LIEUTENANT- I AM
CURRENTLY THE CHIEF OF THIS YEAR
AGO LAX. POLICE DEPARTMENT. AND
AS A PROFESSOR. NOTED ONE THING
I WANT TO ADD IS THAT. PROVISION
WAS ALL. A SIGN INTO LAW BY
GOVERNOR BROWN JERRY BROWN. AND
ACTUALLY SOME BY THE- AT THE
TIME- OPPOSED BY CHIEFS OF
POLICE IRONICALLY BUT BACK TO
IT- BUT I CAN TELL YOU AS A
PRACTITIONER- AS AN INVESTIGATOR
AS A SUPERVISOR OF INTERNAL
AFFAIRS INVESTIGATORS AND IN
HOUSE A COMMAND OFFICER- I
UNDERSTAND. CERTAINLY THE
CHALLENGES THAT A POPE MARC- CAN
LEAD FOR IT CAN HAVE FOR US IS
CHIEFS OF POLICE- PEOPLE KIND OF
MISUNDERSTAND THE FACT THAT- THE
PEACE OFFICERS BILL OF RIGHTS IN
THE ROLE OF INTERNAL AFFAIRS
INVESTIGATIONS ARE TO SIMPLY
FIND THE FACTS- AND TO SEPARATE
THE TRUTH FROM FICTION- AND- PUT
OUT THE FACTS AS THEY MAY BE FOR
THE- DENTIST. BODY THAT'S GOING
TO BE DETERMINED AND
DISCIPLINED- INDEED AS WE
PROGRESSED OVER TIME- THERE'S
OFTEN- DEVELOPMENT OF EIGHTY
NINE BILLS SCHEDULED FOR
INSTANCE OUR CONSISTENCY IN A
TYPE OF DISCIPLINE- SO IF
SOMEONE GETS DISCIPLINED FOR.
LET'S SAY NON LTE TRAFFIC
COLLISION AT A HIGH SPEED- YOU
KNOW HIGH SPEED TRAFFIC
COLLISION THAT THEY GET THE SAME
AMOUNT OF DISCIPLINE THAT
SOMEONE ELSE DID IT. FOR SIMILAR
ON. OFFENSE- I CAN TELL YOU THAT
AS A PRACTICE. BUT THERE ARE. TO
INTERVIEW- OFFICER AND GAVE-
WHEN YOU'RE DOING INVESTIGATIONS
PARTICULARLY THE- THERE IS A
SIGNIFICANT USES OF FORCE OR
SOMEONE HAS. PASSED AWAY AT THE
HANDS OF AN OFFICER OR DEPUTY-
DURING THE COURSE OF THE USE OF
FORCE INCIDENTS- AND OFTEN HERE
IN IN WHAT AS YOU GUYS KNOW HERE
IN LOS ANGELES- THERE IS A- THE
NUMBER OF PEOPLE THAT RESPOND. I
HAD SIGNIFICANT USES OF FORCE
HAS EXPANDED FROM JUST MERELY
THE HOMICIDE INVESTIGATOR IN THE
INTERNAL AFFAIRS INVESTIGATOR
BUT ALSO. THE STATE ATTORNEY
GENERAL'S OFFICE OFFICE OF
INDEPENDENT REVIEW OR INSPECTOR
GENERAL'S SO THERE'S A NUMBER OF
FOLKS TO COME OUT- AND GATHER
INFORMATION TO TAKE A LOOK AT
THESE- THESE PARTICULAR CASES-
YOU KNOW. WITH THAT SAID I THINK
THAT- AS A PROFESSOR MENTIONED-
IF THE PANEL SHOULD DECIDE THAT
THEY WOULD LIKE TO. REPEAL THIS-
I THINK WE SHOULD BE YOU KNOW WE
SHOULD CAUTION OURSELVES
BECAUSE- BARGAINING AND- YOU
DON'T. A MORE USE- IN COLLECTIVE
BARGAINING CAN ACTUALLY LEAD TO
MUCH MORE FRUSTRATING- AND MORE
CHALLENGES TO A DEAL. FOR
SPENDING ESTIMATIONS- I THINK
THAT- YOU KNOW IF WE'RE TAKE A
LOOK AT. HOBART TAKE A LOOK AT
EACH SECTION- AND BE VERY VERY-
CAUTIOUS ON THE AND-
INTROSPECTIVE ON HOW WE'RE GOING
TO BE- REVISE IT- OR MAKE ANY
CHANGES TO THE PERSON'S. RIGHTS
BUT IN SHORT I BELIEVE THAT-
IT'S A- IT'S A LAW ENFORCEMENT
PROTECTION- ON BOTH SIDES I
THINK IT HELPS IT HELPS-
DEPARTMENTS UNDERSTAND. HOW TO
ACT- PERFORM THEIR JOBS WITHIN
CERTAIN BOUNDARIES WITHOUT BEING
OFFICIOUS- AND- AT SOME POINT WE
PROBABLY WILL TALK ABOUT LIFE
PARTNERS. WHO IS ACTUALLY THE
ONLY P. OFFICER WHO HAD
COMMITTED A CREEK LACKED IN
WHICH YOU HAVE TO YOU KNOW YOU
CANNOT COMPEL ANY COMPELLED
STATEMENTS CANNOT BE USED-
ENABLE MINISTRIES- I'M SORRY ANY
COMPEL STATEMENT STATEMENTS
CANNOT BE USED CRIMINALLY. SO WE
HAVE TO BE CAREFUL BY
BIFURCATING CRIMINAL
INVESTIGATIONS OF CRIMINAL
ALLEGATIONS AGAINST LAW
ENFORCEMENT OFFICERS AS OPPOSED
TO ADMINISTRATIVE INVESTIGATION
SO- BECAUSE THEY HAVE A RIGHT TO
REMAIN SILENT SO- YOU KNOW AS WE
GET INTO THESE DISCUSSIONS I'M
SURE- DATA STACK WE WILL TALK
ABOUT THOSE ISSUES- BUT- I
WELCOME. IN ECONOMY AND IN. WELL
PERHAPS INPUT AS MOVE FORWARD IN
THIS HEARING TODAY THANK YOU.
THANK YOU VERY MUCH CHEAPER
APPRECIATE- YOUR TEST IN SPACE
AND PRE- I YOUR- SOME SOME FACTS
AROUND POOL BAR AND HISTORY.
NEXT UP WE WANT TO FIRST OF ALL
WANT TO MAKE NOTE THAT WE ALSO
HAVE- ASSEMBLY MEMBER KEVIN
MCCARTY HE'S WATCHING THIS
VIRTUALLY HE'S ON THE COMMITTEE
JUST NOTIFIED ME LET ME KNOW.
THAT HE IS- WATCHING THIS
VIRTUALLY AND BE WILL BE CHIMING
IN AT- LATER POINT IN TIME. WE
NOW WANT TO MOVE INTO OUR FIRST%
TO ANOTHER PANEL DISCUSSION WE
WANT TO FOCUS ON HOW POOL BAR
WORKS IN PRACTICE. AND WHEN
INVESTIGATING POLICE MISCONDUCT
EACH PANEL WE HAVE TEN MINUTES
TO SPEAK IN WITHIN THOSE TEN
MINUTES TO GO PLEASE INTRODUCE
YOURSELF- AND THEN PROCEED WITH
YOUR- PRESENTATION- WE'RE HAPPY
TO HAVE- TO KICK US OFF- MARC T.
I'M HARRIS A CIVIL RIGHTS
ATTORNEY. WITH BEEN CROP- LAW
WHO HAS JOINED US TODAY
VIRTUALLY. MISTER HARRIS ARE YOU
WITH US. MISTER HARRIS. NO
MISTER HARRIS AS OF YET. OKAY DO
WE HAVE A REPRESENTATIVE DO WE
HAVE- MR IN THIS DISTRACTING.
DAVID ARE YOU WITH US. M. O. VAN
TASTIC GOOD TO HEAR YOUR VOICE
DAVID REPRESENTS- MR THE
STACKING REPRESENTS A RANK AND
FILE OFFICERS WHO WILL BE
TESTIFYING AROUND POOL BAR THANK
YOU VERY MUCH AND- YOU'RE FREE
TO BEGIN TO- IN ADDITION SELF
AND ALSO PROVIDE- YOUR
PRESENTATION. THANK YOU MY NAME
IS DAVID MISTAKE ME I AM A-
PUBLIC EMPLOYEE LABOR ATTORNEY
MY PRACTICE SPECIALIZES IN.
REPRESENTING PUBLIC EMPLOYEE
UNIONS AND THEIR MEMBERS AND ALL
ASPECTS OF THEIR EMPLOYMENT.
FROM CONTRACT NEGOTIATION FOR
PAY AND BENEFITS AFTER THE
DISCIPLINARY PROCESS THAT
INCLUDES PUBLIC SAFETY EMPLOYEES
FIREFIGHTERS AND LAW ENFORCEMENT
OFFICERS THAT WERE OBVIOUSLY
HERE TO TALK ABOUT. TODAY IF I
COULD SHARE MY SCREEN MAKE GET
SOME HELP ON DOING THIS I DO
HAVE A POWER POINT PRESENTATION
- YOU SEE HERE. CAN YOU SEE THAT
MISTER CHAIRMAN YES. YES WE CAN
OKAY SO I WANTED TO. WHAT THE
COMMITTEE- THROUGH THE
DISCIPLINARY PROCESS IN P. O. B.
R. AND PROVIDE SOME CONTEXT FOR
ITS PROVISIONS. AT COR THE PEACE
OFFICERS BILL OF RIGHTS
PROCEDURAL BILL OF RIGHTS
ISRAELI A CODIFICATION OF. LONG
STANDING. YOU CAN GET RIGHTS TO
REPRESENT MEMBERS DURING THE
DISCIPLINARY PROCESS AND BEFORE
I JUMP INTO DETAILS HERE I WANT
TO POINT OUT A COUPLE OF THINGS
THAT ARE REALLY IMPORTANT TO
REMEMBER. THAT THE BILL OF
RIGHTS IS SOMETHING THAT HAPPENS
DURING THE DISCIPLINARY PROCESS
AND IT IS AGAIN IT IS JUST BASIC
PROCEDURAL REPRESENTATION RIGHTS
IS. REALLY HALF OF IT AND THEN
THE SECOND HALF IS A
CODIFICATION OF CONSTITUTIONAL
DUE PROCESS RIGHTS AND ALL OF
THESE RIGHTS ARE FOR THE MOST
PART FOUND- AS A PRIOR SPEAKER
MENTIONED. IN OTHER. IN OTHER
ASPECTS OF CASE LAW AND IN OTHER
STATUTES THE REMAINDER IS A
BUNCH OF MISCELLANEOUS RIGHTS
ARE REALLY THINGS THAT HAPPENED
OVER THE TIME THAT THE
LEGISLATURE CORRECTED LIKE AN
OFFICER NOT BEING ALLOWED TO
WEAR AN AMERICAN FLAG PAN OR AN
OFFICE OR NOT BEING ALLOWED TO
RUN FOR SCHOOL BOARD. POSITION
OR- FORCED TO TAKE A LIE
DETECTOR TEST. THE KEY THING
THOUGH THAT IS IMPORTANT TO
REMEMBER IS THAT NONE OF THESE
RIGHTS APPLY TO A CRIMINAL
INVESTIGATION NONE OF THEM ARE
IN ANYWAY. AN ENCUMBRANCE ON
HOLDING OFFICERS ACCOUNTABLE
OPTIMALLY MORE ADMINISTRATIVELY
BUT- YOU KNOW NONE OF THESE
THINGS APPLY IF AN OFFICERS
ACCUSED OF EXCESSIVE FORCE AND
THERE'S A CRIMINAL INVESTIGATION%
OR SEXUAL ASSAULT. THAT'S A
CRIMINAL INVESTIGATION THE
OFFICERS TREATED JUST LIKE ANY
OTHER CRIMINAL SUSPECT THESE
ONLY APPLY DURING THE
DISCIPLINARY PROCESS AND WE'RE
REALLY ONLY TALKING ABOUT-
PROCEDURAL RIGHTS SO JUMPING
RIGHT IN I KNOW MY TIME IS
LIMITED HERE. TO THE
ADMINISTRATIVE INVESTIGATIONS.
THE GRAVEL NONE OF THAT
PROTECTIONS UNDER THAT PEACE
OFFICERS BILL OF RIGHTS IS BASIC
INFORMATION THAT ANY OTHER UNION
MEMBER RECEIVES AND ANY KIND OF
ADMINISTRATIVE INVESTIGATION THE
SUBJECT MATTER OF THE
INVESTIGATION THE NAMES OF THE
PEOPLE THAT ARE CONDUCTING IT.
OUR REASONABLE OPPORTUNITY TO
GET A REPRESENTATIVE THE
OPPORTUNITY TO TAPE RECORDED THE
RIGHT NOT TO BE HARASSED
THREATENED OR COERCED. AND I
WANT TO JUST OPPOSE THIS WITH
SOME OF THE OTHER PUBLIC
EMPLOYEE STATUTES. STARTING WITH
I THE NLRB WHICH ACTUALLY
DOESN'T APPLY TO PUBLIC
EMPLOYEES THAT'S WHY WE HAVE ALL
OF THE STATE LABOR STATUTES. IN
CALIFORNIA WHERE WERE MORE
PROGRESSIVE THAN SOME OF THE
RIGHT TO WORK STATES. DODD THE
NLRB ONLY A PRICE APPLIES TO
PRIVATE SECTOR EMPLOYEES BUT
UNDER THE FAMOUS CASE OF WINE
GARDEN IT HELD THAT. UNION
MEMBERS HAVE A RIGHT TO BE
REPRESENTED BY THEIR UNION WHEN
THEY'RE SUBJECT TO AN
INVESTIGATION THAT COULD LEAD TO
DISAPPOINT. THE COURTS AND CURB
IN CALIFORNIA HAVE EXTENDED
THOSE SAME WEINGARTEN RIGHTS TO
PUBLIC EMPLOYEES IN CALIFORNIA-
FOR EXAMPLE UNDER THE MMDA.
THIRTY FIVE OH TWO IS THAT RIGHT
TO BE REPRESENTED IN THIRTY FIVE
OH THREE IS THAT RIGHT FOR A
UNION TO REPRESENT ITS MEMBERS
AND PURPOSE HELD THAT THAT.
PROVIDES S. SIMILAR AND IN SOME
WAYS MORE EXPANSIVE RIGHT THEN
THESE PROCEDURAL RIGHTS IN
THIRTY THREE OH THREE OF THE
PEACE OFFICERS BILL OF RIGHTS.
SO I LOOKING AT THESE WEINGARTEN
RIGHTS SOME OF THE CONCERNS- YOU
KNOW THAT AN OFFICER CAN DELAY
IN INVESTIGATION OR SIMPLY NOT
TRUE THE OFFICER DOES NOT HAVE
AN ABILITY TO DO THAT THE COURTS
HAVE SAID. THAT THE OFFICER CAN
BE GIVEN A REASONABLE AMOUNT OF
TIME WHICH IS DAYS NOT WEEKS TO
OBTAIN A REPRESENTATIVE THE
EMPLOYER. CONTROLS IN PLACE
DIFFERENT THAN A CIVIL CASE
BECAUSE IT YOUR EMPLOYEES SO YOU
CAN ORDER THEM TO CALM MAN ON
DUTY AT ANY TIME AND PROVIDE A
STATEMENT. AND IN FACT ON CASES
OF SERIOUS MISCONDUCT THAT'S
DONE ALMOST IMMEDIATELY OR
WITHIN DAYS OF THE ACCUSATIONS
COMING FORWARD. THE FIREFIGHTERS
HAVE A BILL OF RIGHTS IT'S
ESSENTIALLY IDENTICAL IN THIS
REGARD THE WINE GARDEN RIGHT
IT'S BROADER. BECAUSE THE OUR
BILL OF RIGHTS PERTAINS TO WIN
THE EMPLOYER THINKS THE
QUESTIONING COULD LEAD TO
DISCIPLINE. THE WEINGARTEN RIGHT
IS WHEN THE EMPLOYEE THINKS IT
COULD LEAD TO DISCIPLINE WHICH
IS ACTUALLY UNDER THE LABOR LAWS
EMPLOYEE CAN STE SAY I WANT TO
REPRESENTATIVES- IN ALMOST ANY
CIRCUMSTANCE AND THEN PROBE HAS
TAKEN IT EVEN FURTHER AND
THEY'VE EXPRESSLY HELD THAT THE
RIGHTS IN CALIFORNIA AS IN MY
OPINION THEY SHOULD BE. OUR
BROADER AND MORE EXPANSIVE THAN
THAT THE FEDERAL MINIMUM
STANDARDS AND SO UNIONS HAVE A
RIGHT TO REPRESENT THEIR MEMBERS
AND BASICALLY BE PRESENT-
ANYTIME THAT THEY'RE BEING I
JUST HAVING A DISCUSSION ABOUT
PERFORMANCE ISSUES FITNESS FOR
DUTY EVALUATIONS MEDICAL ISSUES-
DRUG TESTING. EVEN NIGHT
CANCELING ON PERFORMANCE. I SAW
ONE AND ALSO TALK ABOUT THAT THE
NOTICE RIGHTS AND SO I WANT TO
BE CLEAR THAT EVERYBODY
UNDERSTANDS THE NOTICE IS VERY
VERY MINIMAL IT'S BASICALLY I'M
NOT. OF THAT FACTUAL SUMMARY
LIKE I'M TALKING A COUPLE OF
SENTENCES SO THAT THE OFFICER
KNOWS WHAT THE INTERROGATION IS
GONNA BE ABOUT THAT'S TO THE
BENEFIT OF EVERYBODY. IF YOU
CALL AN OFFICER RAN AND SAY THEY
RECEIVED THAT THE AGENCY
RECEIVED A COMPLAINT ABOUT
SOMETHING THAT HAPPENED SIX
MONTHS EARLIER ON I YOU KNOW
BEING RUDE AND DISCOURTEOUS ON A
TRAFFIC STOP. THEY'RE GONNA HAVE
NO IDEA AND THE RESPONSES ARE
GOING TO BE I DON'T REMEMBER. IN
LESS THE OFFICERS TOLD IN
ADVANCE AND HAS A CHANCE TO
THINK ABOUT IT SO THAT THEY CAN
RECALL THAT EVENT AND THEN
TESTIFY TRUTHFULLY ABOUT IT. AT
BUT THERE'S A SUPREME COURT CASE
SAYS YOU'RE NOT ENTITLED TO A
COPY OF THE ENTIRE INVESTIGATION
THEY'RE NOT EVEN AND TITLE TO A
COPY OF THE COMPLAINT AGAINST
THEM IT'S JUST. BASIC
INFORMATION LIKE YOUR ACCUSED OF
EXCESSIVE FORCE DURING THIS.
CALL THAT FOR SERVICE THAT YOU
HAD ON SUCH AND SUCH A DATE SO
THEY KNOW WHAT IT'S GOING TO BE
ABOUT. WINE GARDEN. AND THE
NINTH CIRCUIT HAVE ACTUALLY GONE
EVEN FURTHER THAN JUST NATURE OF
THE ALLEGATIONS AND THEY SAID
THAT AS- UNION REPRESENTATIVE
YOU HAVE THE RIGHT TO SECURE
INFORMATION REGARDING THE
SUBJECT MATTER- AND A PRE
INTERVIEW CONFERENCE WITH THE
UNION REPRESENTATIVES. IT'S NOT
MUCH DIFFERENT BUT THEY MAKE
CLEAR THAT IT'S ENOUGH. SO THAT.
THE ACCUSED EMPLOYEE CAN TALK TO
THEIR UNION REPRESENTATIVES AND
I KNOW WHAT THE SUBJECT MATTER
IS GOING TO BE. AND THEY CAN
PREPARE. THERE IS A CASE DOWN
THERE AT THE BOTTOM. ALLEN'S
VERSUS SIERRA MADRE AND IN THIS
CASE THE COURT WAS. LOOKING AT
THE RIGHTS UNDER P. O. B. R. AND
THEY SAID THAT THEY ARE
PARALLEL. TO SPECIFICALLY THAT
PACIFIC TELEPHONE CASE AND TWO
OTHER. UNION RIGHTS IMPORTANTLY
IN THAT CASE. I THEY THEY
OFFICER AND HIS REPRESENTATIVES
COMPLAINED THAT THEY WERE GIVEN
ENOUGH ADVANCE NOTICE AND THE
COURT SAID IT WAS SUFFICIENT.
UNDER THE BILL OF RIGHTS THAT.
WILL NAY OFFICER AND HIS
REPRESENTATIVE ARRIVED THAT THEY
WERE GIVEN TIME TO TALK AND THEN
GIVE THE STATEMENT THAT SAME DAY
I THINK IT REALLY DRIVES HOME
THE POINT. THAT THE BILL OF
RIGHTS IN CALIFORNIA DOES NOT
DELAY OR IMPEDE THE ABILITY TO
CONDUCT A FAIR AND THOROUGH
INVESTIGATION- I CHIEF RAMBO HAD
MENTIONED THE RIGHT AGAINST SELF
INCRIMINATION AND I WANT TO JUST
TOUCH ON THIS TOO AND REMIND
EVERYBODY THIS IS A
CONSTITUTIONAL RIGHT THERE'S A
BALANCE BETWEEN A FIFTH
AMENDMENT RIGHT AGAINST SELF
INCRIMINATION AND THE IMPORTANT
PUBLIC INTEREST IN KNOWING WHAT
ITS OFFICERS ARE DOING OFFICERS
ARE HELD TO A HIGHER STANDARD
THAN OTHER EMPLOYEES THERE
SUBJECT EIGHT THIRTY TO AT SAC
OF THE PENAL CODE WHICH MANDATES
A PROCEDURE FOR RECEIVING
COMPLAINTS INVESTIGATING
COMPLAINTS AND EVEN INTERNAL
COMPLAINTS. AND MY CLIENTS
UNDERSTAND THAT PARTICULARLY IN
THESE TIMES THESE ARE IMPORTANT
. PROCEDURES TO MAINTAIN PUBLIC
CONFIDENCE- BUT YOU HAVE TO
BALANCE THE RIGHT AGAINST SELF
INCRIMINATION AND THIS IS ONLY
IN THE DISCIPLINARY SPEAR
BECAUSE IF YOU'RE LOOKING AT A
NORMAL CRIMINAL DEFENDANT THEY
WOULD JUST INVOKE THE RIGHT TO
REMAIN SILENT AND SAY. NOTHING
AND SO THAT BALANCES LIVE ORDER
WHERE THE OFFICER IS COMPELLED
TO GIVE A STATEMENT. AND THAT
STATEMENT CAN ONLY BE USED FOR
PURPOSES OF DISCIPLINE UP TO
TERMINATION THERE'S A NUMBER OF
EXCEPTIONS WHERE THEY CAN
ACTUALLY STILL COME INTO COURT.
THE FIREFIGHTERS HAVE A MUCH
STRONGER PROTECTION THEY CAN
ONLY BE INTERROGATED REGARDING
MATTERS THAT HAVE CRIMINAL
CONNOTATION IF THERE'S A WRITTEN
GRANTED IMMUNITY. OTHER PUBLIC
EMPLOYER EMPLOYEES- ARE
ESSENTIALLY. SUBJECT TO THE SAME
Y. BARBARA RULED THERE WAS A
CASE CALLED SPIEL BAUER THAT
CLARIFIED THAT THAT YOU DON'T
HAVE TO BE THE PROSECUTING
AGENCY OR A LAW ENFORCEMENT
AGENCY IN ORDER TO COMPILE AN
EMPLOYEE TO GIVE A STATEMENT.
EVEN IF IT INVOLVES POTENTIAL
CRIMINAL MATTER SO THE POINT
HERE IS THAT OFFICERS CAN'T JUST
INVOKE THE RIGHT TO REMAIN
SILENT AND REFUSED TO GIVE A
STATEMENT REGARDING ALLEGATIONS
OF EXCESSIVE FORCE OR SEXUAL
ASSAULT OR ANY OF THOSE. SERIOUS
MATTERS. WHEN WE TURN TO THE
DISCIPLINARY APPEAL. HEARING THE
BILL OF RIGHTS DOES VERY LITTLE
ACTUALLY THE RIGHT TO APPEAL
DISCIPLINE FOR PUBLIC EMPLOYEES
IN CALIFORNIA GOES ALL THE WAY
BACK TO THE SKELLY DECISION AND
IT'S A MATTER OF CONSTITUTIONAL
RIGHTS. EMPLOYEES HAVE A FIFTH
AMENDMENT RIGHT THIS PUBLIC
EMPLOYEES I SHOULD SAY HAVE A
FIFTH AMENDMENT RIGHT. TO THEIR
CONTINUED EMPLOYMENT AND THEY
HAVE A FOURTEENTH AMENDMENT DUE
PROCESS RIGHT BEFORE THAT CAN BE
DEPRIVED. AND SO I THINK
EVERYBODY REMEMBERS STALEY IT
HAS TWO PARTS GIVE A QUICK
REFRESHER ON IT THE FIRST IS PRE
DEPRIVATION MEANING BEFORE THE
DISCIPLINE IS IMPOSED. THE
EMPLOYEE HAS A RIGHT TO A COPY
OF THE INVESTIGATION AND TO
RESPOND NOT IN THAT EVIDENCE
REYES BUT JUST TO MEET AND
RESPOND AND EXPLAIN. IF THEY
DISCIPLINE IS IMPOSED THEY HAVE
A RIGHT TO HAVE THE DENTURES
HEARING APPEALING THAT. THESE
RIGHTS ARE NOT IN P. O. B. R.
AND THEY ARE. EXISTING
REGARDLESS OF P. O. B. R. ALL
THAT THE BILL OF RIGHTS SAYS IS
THAT NO PUNITIVE ACTION CAN BE
IMPOSED WITHOUT THE OPPORTUNITY
FOR AN ADMINISTRATIVE APPEAL
JUST A RESTATEMENT OF THE
EXISTING LAW. IT GOES ON TO SAY
THAT THE LOCAL AGENCIES SHALL
SET THE RULES AND PROCEDURES FOR
APPEAL THAT'S YOUR CIVIL SERVICE
SYSTEM THAT ALSO EXISTS IN THIS
IS JUST A RESTATEMENT OF THE
EXISTING LAW. THE BILL OF RIGHTS
PROVIDES A RIGHT OF ACCESS TO
ADVERSE COMMENTS AND TO
PERSONNEL FILES THAT CAN BE USED
TO DISCIPLINE EXPRESSLY. THERE
ARE OTHER STATUTES THAT APPLY TO
NON SWORN EMPLOYEES IN
CALIFORNIA AND THIS IS A PRETTY
STANDARD RIGHT- YOU KNOW ASIDE
FROM ALL RIGHT TO WORK STATE.
THAT ANY EMPLOYEE WHETHER
PRIVATE OR PUBLIC IN CALIFORNIA
HAS. THE FIREFIGHTER BILL OF
RIGHTS IS ESSENTIALLY THE SAME
WITH THE EXCEPTION THAT. IT
ACTUALLY SPECIFIES WHAT THE
APPEAL PROCEDURES ARE AND
THEY'RE MUCH MORE ROBUST IT
MANDATES EITHER OF THE
ADMINISTRATIVE PROCEDURES ACT OR
BINDING ARBITRATION- WITH
RESPECT TO PEACE OFFICERS. IT
RUNS THE GAMUT I WOULD SAY THE
MAJORITY IS A CIVIL SERVICE
BOARD THAT'S VESTED WITH HEARING
THESE APPEALS THERE ARE CITIZENS
APPOINTED BY. ELECTED OFFICIALS
SOME JURISDICTIONS HAVE
ARBITRATION BUT THAT'S THE
MINORITY I SOME HAVE CITY
MANAGER OR CITY COUNCIL REVIEW
OF THESE TYPES OF DECISIONS- BUT
THERE IS- AS A PRIOR SPEAKER
MENTIONED. I A WIDE AVAILABILITY
FOR CIVILIAN OVERSIGHT AND THAT
DOES IN FACT EXIST WITHIN THE
APPEAL PROCESS ITSELF AS WELL
AS- IN MANY JURISDICTIONS THEIR
CIVILIAN REVIEW BOARDS AND OTHER
MEASURES AND I SHOULD ALSO POINT
OUT. THAT AS PART OF THIS MOMENT
IN REFLECTING ON POLICE REFORM
MY CLIENTS HAVE BEEN ACTIVE
PARTICIPANTS WORKING WITH THE
STAKEHOLDERS AND WORKING WITH
THE LEADERSHIP TO ENACT
STATEWIDE USE OF FORCE STANDARDS
TO REFORM USE OF FORCE POLICIES
TO INCREASE TRANSPARENCY. AND
ALSO ESTABLISH A PROCESS FOR THE
CERTIFICATION OF OFFICERS WHO
COMMIT SERIOUS MISCONDUCT WHILE
STILL AFFORDING THEM DUE PROCESS
RIGHTS- I DO WANT TO TALK ABOUT
THE STATUE LIMITATIONS I
UNDERSTAND- FROM THE PRIOR
SPEAKER THAT THERE WAS SOME
CONCERN. ARE THERE SOME
IMPORTANT THINGS TO REMEMBER
HERE THE STATUTE RUNS FROM THE
DISCOVERY OF A PERSON AUTHORIZED
TO INITIATE AN INVESTIGATION
JUMPING MY SLIDES HERE A LITTLE
BIT BUT THERE IS A THREE YEAR
STATUTE OF LIMITATIONS THAT
GENERALLY APPLIES THE PUBLIC
EMPLOYEES IN CALIFORNIA BUT THAT
THREE YEAR STATUTE OF
LIMITATION- I THINK. IT'S RIGHT
HERE AB IT RUNS FROM THE DATE OF
OCCURRENCE SO IF NOBODY FINDS
OUT ABOUT SOME MISCONDUCT AND
THREE THERE'S A LOT. DAY IT'S
TIME FOR THAT DOESN'T APPLY. TWO
PEACE OFFICERS IT'S A YEAR FROM
WHEN SOMEBODY WHO IS AUTHORIZED
TO START AN INTERNAL AFFAIRS
INVESTIGATION FINDS OUT ABOUT IT
I CAN TELL YOU DOING THIS TWENTY
TWO YEARS IT'S NEVER GOING TO BE
THE CASE THAT A SERIOUS
MISCONDUCT ALLEGATION TIME BARS
OUT- WHERE IT COMES INTO PLAY IS
REALLY MINOR STUFF. THAT IS LIKE
OUTSIDE SHOWING UP THE ACTUALLY
THE ONLY ONE THAT I'VE
EXPERIENCED MY CAREER WEBSITE
TRAFFIC COLLISION THAT WOULD
HAVE RESULTED IN A LETTER OF
REPRIMAND OR A DAY OFF AT THE
MOST AND THE AGENCY BOB. WAITED
A YEAR TO DO IT AND THEY BLEW
THE DAY WHICH THEY REALLY SHOULD
HAVE BEEN WAITING A YEAR BUT
BEYOND THAT THERE ARE A TON OF
EXCEPTIONS THAT ARE GOING TO
APPLY TO ALMOST EVERY SERIOUS
MISCONDUCT ALLEGATION. AND
ACTUALLY- MOST ALLEGATIONS OF
MISCONDUCT AGAINST AN OFFICER IF
THERE'S A CRIMINAL PROSECUTION
OF THE OFFICER AT THE IME IS
TOLD IF THERE'S A CRIMINAL LAW.
THE PROSECUTION OF THE COMPLAINT
THE TIME IS TOLD IF THERE'S
MULTI JURISDICTIONS MEANING YOU
KNOW WHAT CITY POLICE OFFICER
AND A DEPUTY SHERIFF IT'S TOLD
IF THERE'S MORE THAN ONE OFFICER
INVOLVED. IT'S TOLD IF THE
OFFICER IS UNAVAILABLE FEES ON
WORK COMP IF HE'S ON VACATION IN
ANOTHER COUNTRY. ARE THEY THE
TIME LIMITS TOLD SOLD FOR
ALLEGATIONS A WORK COMP FRAUD.
AND IT'S ALSO TOLD WHERE THEIR
CIVIL LITIGATION AND THE OFFICER
IS A DEFENDANT AND BEYOND ALL OF
THAT. THERE'S AN ABILITY OF THE
AGENCY TO RE OPEN THE
INVESTIGATION. IF THERE'S- IF
THERE'S NEW EVIDENCE. THAT
FIREFIGHTER BILL OF RIGHTS HAS A
SIMILAR STATUTE THERE'S ALSO A
CIVILIAN STATUTES FOR CIVILIAN
POLICE EMPLOYEES IN THE MMDA-
THAT'S THE SAME AND THEN. YOU
ALSO HAVE EVEN SOME SHORTER TIME
LIMITS IN OTHER PUBLIC EMPLOYEE
AND PRIVATE SECTOR EMPLOYEE
COLLECTIVE BARGAINING
AGREEMENTS. I WOULD SUBMIT. TO
THE COMMITTEE THAT THERE IS A
VERY STRONG PUBLIC INTEREST AND
MAINTAINING TIME LIMITATIONS ON
DISCIPLINE. THE ENTIRE POINT OF
DISCIPLINE IS TO CHANGE BEHAVIOR
AND CORRECT BEHAVIOR SO YOU HAVE
TO PUT AN EMPLOYEE ON NOTICE
THAT WHAT THEY'RE DOING IS
DEFICIENT. AND THEN CORRECTED
NOW AGAIN IF WE'RE TALKING ABOUT
SOMETHING LIKE A USE OF FORCE OR
AN ALLEGATION OF SEXUAL ASSAULT.
I CAN TELL YOU FROM EXPERIENCE
IN THOSE CASES THE OFFICERS PUT
ON ADMINISTRATIVE LEAVE AND-
INTERVIEWED WITHIN A WEEK OR SO
OF THAT HAPPENING NOW TO BE FAIR
THE AGENCY'S GONNA WANT
INTERVIEW THE OTHER WITNESSES
FIRST. BUT THERE'S NO WAY THAT
THEY'RE GOING TO LEAVE AN
OFFICER WORKING FOR A YEAR OR
MORE THAN A YEAR WITHOUT
CONDUCTING THE INVESTIGATION AND
IF THEY WERE SO INCLINED IT
WOULD BE IN THE PUBLIC'S
INTEREST. TO PUT A TIME
LIMITATION ON THAT TO FORCE THEM
TO CONDUCT A TIMELY
INVESTIGATION AND IF THAT
OFFICER COMMITTED SERIOUS
MISCONDUCT REMOVE THEM FROM THE
FORCE IF THEY DIDN'T THEN CLARA
PUT HIM BACK TO WORK SO YOU'RE
OR JUST LEAVING IT HANGING OVER
THEIR HEADS WHERE THE TIME
LIMITATIONS. TYPICALLY WOULD
COME INTO PLAY IS ON MINOR
ISSUES LIKE FOR EXAMPLE A
DETECTIVE WHO IS WRITING VERY
GOOD REPORTS ARE CONDUCTING
THOROUGH INVESTIGATIONS AND THE
PUBLIC INTEREST WOULD STRONGLY
IN MY VIEW BE IN FAVOR OF TIMELY
CORRECTING THAT. RATHER THAN
ALLOWING THEM TO CONTINUE TO
CONDUCT DEFICIENT INVESTIGATIONS
FOR A YEAR BEFORE YOU TAKE
ACTION ARE MORE THAN A YEAR.
BEFORE YOU TAKE ACTION- IT DOES
NOT IMPEDE THE DISCIPLINARY
ACTIONS OR THE COMPLETION OF THE
INVESTIGATION AS I MENTIONED
AGENCIES PRIORITIZE THE MORE
SERIOUS MISCONDUCT THEY CAN
ORDER AN OFFICER TO COME IN AND
PROVIDE A STATEMENT AT ANY TIME.
THE OFFICER CANNOT DELAY THAT
THE ON MAYBE A FEW DAYS AT MOST
IN ORDER TO OBTAIN A
REPRESENTATIVES AND MANY TIMES
IN MY PRACTICE. THE OFFICERS
BEEN ORDERED TO COME IN AND GIVE
A STATEMENT IMMEDIATELY ON
SERIOUS MISCONDUCT- ON CRITICAL
INCIDENTS ALL OF THOSE THINGS
AND THEIR UNION FACILITATES
GETTING AN ATTORNEY YOU'RE
GETTING A REPRESENTATIVE. FOR
THEM. IMMEDIATELY AND I ALSO
WANT TO POINT OUT ANOTHER RISK
OF NOT HAVING A TIME LIMIT AND
THIS ONE MAY BE IT'S A LITTLE
CLOSE TO HOME I PERSONALLY
REPRESENTED AT MICHAEL'S ECKLER
WHO WAS THE PRESIDENT OF THE
SACRAMENTO COUNTY LAW
ENFORCEMENT MANAGERS ASSOCIATION
THE TIME THAT I ASSEMBLY MEMBER
COOPER WAS RUNNING FOR SHERIFF
BACK IN IRAN TWO THOUSAND AND
TEN OR SO AND MR ZIGLAR WAS
SUBJECT TO AN INTERNAL AFFAIRS
INVESTIGATION FOR BRINGING
DISREPUTE ON THAT SACRAMENTO
SHERIFF'S DEPARTMENT BY FILING A
GRIEVANCE IN INVESTIGATING A
GRIEVANCE. AND I BELIEVE THAT
THE INTENT OF THAT WAS THE PLACE
HIM ON A GAG ORDER INDEFINITELY
AND WE WERE ABLE TO GO TO COURT
AND GET THAT LISTED AND HAVE HIS
NAME CLEARED BUT THERE IS A RISK
OF MISUSE AND ABUSE IF THERE'S
NOT A TIME LIMIT SO THAT THESE
ALLEGATIONS ARE RESOLVED- ONE
WAY OR THE OTHER AND JUST. IN
CLOSING. WANT TO KNOW TO THE
COMMITTEE THAT VIRTUALLY ALL
STATES HAVE STATUTES
ESTABLISHING- SIMILAR TYPE
PROCEDURES FOR PUBLIC EMPLOYEES
THEY'RE NOT ALWAYS CALLED THE
BILL OF RIGHTS THIRD CONTAINED
IN. OTHER STATUTES AND CASE LAW
AND OTHER NAMES ARE BUT THE THAT
. THE PROTECTIONS IN
CALIFORNIA'S BILL OF RIGHTS ARE
AT THE LOWER END OF THE SCALE AS
THE PRIOR SPEAKER MENTIONED I
AGREE WITH THAT THEY ARE THEIR
BASIC UNION RIGHTS MORE THAN
ANYTHING ELSE. I THERE ARE
FOURTEEN OR ALL RIGHT I THINK
ACTUALLY THAT NUMBERS INCREASED
TO SEVENTEEN STATES THAT HAVE
EXPRESSED BILL OF RIGHTS I DO
WANT TO POINT OUT WITH ILLINOIS'
AND MARYLAND. THERE HAS BEEN
SOME MISS MISLEADING OR
CONFUSING REPORTING ON WHAT WAS
ACTUALLY DONE ON THAT SO CALLED
REPEALING THE BILL OF RIGHTS
BOTH STATES STILL HAVE A BILL OF
RIGHTS FOR OFFICERS THERE WERE
AMENDMENTS STEIN. AND IF YOU IF
YOU DIG DEEPER AND LOOK AT WHAT
WAS ACTUALLY DONE THEY WEREN'T
REALLY CHANGES TO THE BILL OF
RIGHTS THEY WERE AND ACTIONS-
REFORMS IN NATIONAL REFORMS VERY
SIMILAR TO WHAT WE DID IN
CALIFORNIA. WITH RESPECT TO AB
THREE NINETY TWO WHICH I WAS
INVOLVED IN SB TWO THIRTY WHICH
I WAS INVOLVED AND FOURTEEN
NINETY TWO AND- MSP AT FOURTEEN
NINETY TWO AND SIXTEEN WHICH
DEALT WITH TRANSPARENCY. SO
ILLINOIS' WHAT THEY DID IS THEY
ENACTED USE OF FORCE CHANGES
THEY ENACTED BODY CAMERA
MANDATES AND THEY STRENGTHENED
DE CERTIFICATION PROCEDURES ARE
SIMILAR TO WHAT. WE DID IN
CALIFORNIA WITH SB TWO MARYLAND
VERY SIMILAR THEY INCREASE CIVIL
AND CRIMINAL LIABILITY THEY
MANDATED DISCLOSURE OF
DISCIPLINARY RECORDS THEY
IMPLEMENTED STATE WIDE USE OF
FOR STANDARDS AND REQUIREMENT TO
HAVE BODY CAMERAS BY. JULY OF
TWO THOUSAND AND TWENTY FIVE NEW
YORKNEVER HAD AN EXPRESS BILL
OF RIGHTS BUT THEY HAVE SIMILAR
RIGHTS THROUGH COLLECTIVE
BARGAINING AND OTHER LABOR
STATUTES AND THAT THE BIG CHANGE
WITH OUR REFORM IN NEW YORK.
WAS- THE DISCLOSURE. OF
DISCIPLINARY RECORDS TO WE DID
AND CAL. AND NOT JUST IN CLOSING
IF THE COMMITTEE AND THE AND THE
LEGISLATURE IS LOOKING AT MAKING
CHANGES WHAT I WOULD STRONGLY
RECOMMEND IS CODIFYING THESE
BASIC UNION RIGHTS THIS IS A
UNION STATE FOR ALL PUBLIC
EMPLOYEES I KNOW THAT THERE WAS
LEGISLATION BACK IN TWO THOUSAND
TWELVE THE CONSIDER DOING THAT
I'M NOT SURE WHY. IT DIDN'T PASS
I THINK IT WOULD MAKE A LOT OF
SENSE IT WOULD MAKE A LOT IT
WOULD MAKE IT A LOT EASIER FOR
PUBLIC EMPLOYEES TO UNDERSTAND
THE RIGHTS INSTEAD OF HAVING TO
FIND YOU THESE VARIOUS RIGHTS
THROUGH- PER DECISIONS IN CASE
LAW- TO PUT THEM RIGHT INTO OUR
INTO OUR LABOR STATUTES AND SHOW
THE REST OF THE COUNTRY. HOW TO
TAKE CARE OF PUBLIC EMPLOYEES.
MISTER STAGNANT THANK YOU VERY
VERY MUCH FOR GOING IN DEPTH WE
REALLY APPRECIATE YOUR
PRESENTATION- ALLOWED YOU TO GO
OVER- YOUR TIME ALLOTTED BECAUSE
I THINK THE INFORMATION PROVIDED
WAS ABSOLUTELY NECESSARY SO
AGAIN PLEASE STAND BY WE'RE
GOING TO HAVE ADDITIONAL
QUESTIONS I'VE TAKEN SOME NOTES
I'M SURE MY COLLEAGUES- HAS ALSO
TAKEN THE NOTE THAT WE WANT TO
ASK YOU YOU RAISE A NUMBER OF A
PARTICULAR- QUESTIONS FOR US IN
OUR MINDS WE WANT TO BE TO GET
TO YOU SO PLEASE STAND BY. AT
THE TIME WILL ALLOW IF YOU IF IT
DOESN'T ALLOW PLEASE LET US KNOW
AND WE'LL TRY TO MAKE SOME
ADJUSTMENTS IN ARGENTA WE ALSO
ARE AGAIN HAPPY TO HAVE ON THE
LINE. MISTER MARK- HARRIS CIVIL
RIGHTS ATTORNEY WITH THEY'VE
BEEN CROP LAW- WITH THIS
VIRTUALLY- MISTER HARRIS I USED
ARE YOU WITH THIS NOW.
ABSOLUTELY ARE YOU MISTER
CHAIRMAN I AM DOING EXTREMELY
WELL THANK YOU SO VERY VERY MUCH
FOR JOINING US- AND PROVIDING
YOUR TESTIMONY- THAT YOU'VE
HEARD OF THOSE WHO ALREADY
TESTIFIED PREMADE PRESENTATIONS
AND SO WE WANT TO- YIELD THE
FLOOR TO YOU AT THIS PARTICULAR
POINT IN TIME TO GET
REPRESENTATION- AS WELL SO
PLEASE INITIATE AND- COMMITTED
YOUR PRESENTATION. I THAT MISTER
CHAIR MISTER CHAIRMAN AND
MEMBERS OF THE SELECT COMMITTEE
IT'S A REAL HONOR FOR ME TO BE
HERE. BUT LET ME FIRST THANK YOU
FOR GRANTING ME THE OPPORTUNITY.
TO JOIN YOU- THIS IS A VERY
IMPORTANT TOPIC OF COURSE FOR
THE NTIRE STATE OF CALIFORNIA.
THE SUB TEXT OF TODAY'S
EXPLORATION FOR THIS PANEL IS
SUPPOSED TO BE INVESTIGATING
MISCONDUCT IN PRACTICE.
INVESTIGATING MISCONDUCT IN
PRACTICE AND THAT'S WHERE MY-
COMMENTS AND REMARKS ARE GOING
TO BE FOCUSED. WE'VE HEARD SOME
GREAT SPEAKERS SO FAR TALK
ABOUT. THE CHALLENGES ASSOCIATED
WITH THE PEACE OFFICERS BILL OF
RIGHTS NOT EVERY ELEMENT OF IT.
IS WRONG AS FAR AS I'M CONCERNED
THAT'S MY PERSONAL OPINION IS AN
ATTORNEY HERE IN SACRAMENTO. NOT
EVERY ASPECT OF IT IS RIGHT- OF
THE PREVIOUS SPEAKERS DID A
GREAT JOB OF POINTING OUT SOME
OF THE PROTECTIONS FOR LAW
ENFORCEMENT. THAT MANY PEOPLE
BELIEVE ARE APPROPRIATE SO I
WOULD JUST COMMEND THEM FOR
THAT. I WANT TO BRING GREETINGS
FROM MY LAW PARTNER. ATTORNEY
BEN CRUMP WE'RE HEADQUARTERED IN
TALLAHASSEE FLORIDA I'M THE
MANAGING ATTORNEY HERE IN
SACRAMENTO. I SPLIT MY TIME
BETWEEN HERE AND THE CENTRAL
VALLEY SPECIFICALLY THE CITY OF
MERCED- OUR LAW FIRM HAS A LONG
HISTORY. IN REPRESENTING THE
VOICELESS IN REPRESENTING THOSE
WHO MANY TIMES ARE. OFFERED
GOTTEN- A DISENFRANCHISED
DISRESPECTED. WE REPRESENT THE
FAMILIES OF COURSE OF TRAYVON
MARTIN AND GEORGE FLOYD. OF
BRIANNA TAYLOR ANAMAT ARBURY.
AND IN HERE IN SACRAMENTO WE
REPRESENTED THE FAMILY OF
STEPHON CLARK- I STILL COUNT HIS
BROTHERS THE BRONTE IS BOTH A
FRIEND. AND SOMEONE WHO ACT
CONNECT WITH ON MANY ASPECTS OF
SOCIAL JUSTICE AND CIVIL RIGHTS
SO. WE'VE HAD TO- THE IN AMAZING
RUN OVER THESE PAST SEVERAL
YEARS OF REALLY EXPLORING. THE
ISSUES AT THE CORE OF THIS
PROCESS I REALLY WANT TO JUST IF
I CAN. ASK IN YOUR- TO GO WITH.
TO JUST AN ASPECT OF THIS ALL OF
THE THINGS THAT THE PREVIOUS
SPEAKERS HAVE TALKED ABOUT- IN
SOME MANNER OR ANOTHER ARE TRUE
BOTH FACTUALLY AND IN PRACTICE.
BUT YOU KNOW I'M I'M OLD SCHOOL
WHEN I'M FROM SOUTH CENTRAL LA
MISTER CHAIRMAN AND YOU KNOW
SOME OF THE THINGS THAT WERE
SHARED WITH ME AS A YOUNGSTER
GROWING UP IN SOUTH CENTRAL I
STILL- USING A BRACE AND ONE OF
THEM WAS THE PREMISE THAT JUNK
IN. RESULTS AND JUMP OUT. WHAT
WE WHAT WE SHOULD REALLY BE
FOCUSING ON IN MY OPINION IS THE
PART OF THIS PUZZLE THAT IT
RARELY GETS THE SUFFICIENT LEVEL
OF THE TICKET ATTENTION. THAT'S
THE INTAKE PROCESS WHAT HAPPENS
WHEN A PERSON. HAS A LEGITIMATE
COMPLAINT AGAINST A LAW
ENFORCEMENT OFFICIAL OR
OFFICIALS WHERE DOES THAT GO
WHAT IS THE ACTUAL PROCESS
ASSOCIATED WITH THAT. IN REAL
TERMS LIMIT LET ME SHARE WITH
YOU AND YOUR COLLEAGUES IF I MAY
JUST A LITTLE BIT OF MY FORTY
YEARS OF EXPERIENCE IN THE
SPACE. IN THE VERY BUILDING IN
WHICH YOU SAID. I WAS THE CHIEF
OF STAFF TO THE BEEN CHAIRMAN OF
THE ASSEMBLY INTRODUCED
JUDICIARY COMMITTEE THE AUDIBLE
ELIHU M. HARRIS- I SERVED UNDER
BOTH GVERNOR GRAY DAVIS. AS THE
UNDERSECRETARY BUSINESS
TRANSPORTATION AND HOUSING I HAD
OVERSIGHT AT THE TIME OUR
DEPARTMENT HAD OVERSIGHT OVER
THE CALIFORNIA HIGHWAY PATROL- I
ALSO SERVED IN THAT BUILDING AS
AN APPOINTEE OF THEN GOVERNOR
JERRY BROWN NG BROWN JUNIOR. AND
I WAS AN APPOINTEE TO THIS FAIR
EMPLOYMENT AND HOUSING COUNCIL
SO I'VE HAD AN EXTENSIVE HISTORY
RELATIVE TO STATE GOVERNMENT
POLICY. ON A LOCAL LEVEL I HAVE
SERVED AS A POLICE. REVIEW
COMMISSIONER OR BOARD MEMBER
DEPENDING ON THE JURISDICTION IN
BERKELEY CALIFORNIA IN OAKLAND
CALIFORNIA I WAS THE CHAIR OF
THE CIVIL SERVICE BOARD IN
OAKLAND CALIFORNIA WHICH IS YOUR
PREVIOUS SPEAKER JUST
ACKNOWLEDGE. HAS. THE
RESPONSIBILITY FOR REALLY THE
AXE YOU'LL DISCIPLINE BETTER
OFFICER MAKES THE- WERE. PROCESS
IS REALLY TWO STEPS IT'S THE
ADVISORY COMMITTEE SOME OF WHICH
HAVE SUBPOENA POWER SOME OF
WHICH YOU DON'T- AND THEN THEY
MAKE A RECOMMENDATION OF COURSE
TO A CIVIL SERVICE BOARD- WHICH
THEN DETERMINES WHETHER OR NOT
THERE SHOULD BE DISCIPLINE- THAT
THE OFFICER FACES SO I SERVED IN
BOTH OF THOSE ROLES. AND I'VE
ALSO SERVED IN MY UNIVERSITY THE
UNIVERSITY OF CALIFORNIA MERCED
ON THE POLICE ADVISORY
COMMISSION THERE SO. I'VE LOOKED
AT THIS NOT ONLY AS A LAWYER ON
BEHALF OF CLIENTS BUT AS A
POLICY MAKER AS A PERSON WHO
REALLY HAS TRIED AT A LOCAL
GOVERNMENT LEVEL TO GET A HANDLE
ON A NUMBER OF THESE DIFFERENT
ISSUES. I WILL SAY THAT- ONE OF
YOUR COLLEAGUES YOUR SENATE
COLLEAGUES. WHO REPRESENTS-
VALLEJO HAD A TOWN HALL MEETING
A FEW WEEKS AGO HAD SENATOR
BRADFORD ANOTHER'S EXPLAINING SB
TWO I THOUGHT IT WAS REALLY
REALLY WELL DONE. ONE OF THE
PARTICIPANTS WAS THE DEAN OF THE
UC DAVIS MARTIN LUTHER KING
JUNIOR SCHOOL OF LAW- KEVIN
JOHNSON AND KEVIN JOHNSON SAID
SOMETHING THAT I THINK IS REALLY
ON POIN HERE WITH EVERYTHING
WE'VE BEEN TALKING ABOUT. THESE
ISSUES ASSOCIATED WITH THE
POLICE OFFICERS BILL OF RIGHTS.
AND GIVING- IF YOU CAN SOME
CLARITY AND TRANSPARENCY TO THE
PROCESS OF DISCIPLINING OFFICERS
THEY'RE NOT GOING TO BE SOLVED
BY LAWYERS AND JUDGES. IF
THEY'RE TO BE SOLVED HERE TO BE
SOLVED BY POLICY MAKERS AND
THAT'S WHY WOULD YOU IN THE
SELECT COMMITTEE YOUR DOING. IS
SO VERY VERY IMPORTANT. MANY
PEOPLE TALK ABOUT. HOW TO MAKE
THIS BETTER I WANT TO JUST KIND
OF TAKE A STEP BY STEP APPROACH
TO SOME OF THIS AND AT THE END
OF MY REMARKS I'M GOING TO MAKE
THREE HOPEFULLY TANGIBLE AND
CREDIBLE. A RECOMMENDATION SO IN
TWENTY SIXTEEN HERE IN
SACRAMENTO I WAS FRUSTRATED IS
MANY OF US WERE OVER THE MURDER
AS- WE SAW BE. CHILLING WE FELT
UNJUSTIFIED OF AN INTELLECTUALLY
DISABLED GENTLEMAN IN THE DEL
PASO HEIGHTS SECTION OF
SACRAMENTO HIS NAME JOSEPH MAN
WE'VE HEARD ABOUT STEPHON CLARK
THE WHOLE WORLD KNOW STEPHON
CLARK NOW. THE WHOLE WORLD KNOWS
GEORGE FLOYD'S NAME VERY FEW
PEOPLE KNEW OF MR MAN'S NAME HIS
CIRCUMSTANCE WAS HE WAS BABBLING
INCOHERENTLY. IN THAT
NEIGHBORHOOD LAW ENFORCEMENT
SHOWED UP AT THE REPORT OF A
POSSIBLE HIDDEN KNIFE IN THE
HAND OF MR MAN. AND IN FEWER
THAN THIRTY SECONDS THE OFFICERS
ON THE SCENE TRIED TO RAM HIM
WITH THEIR KERR LEFT FOOT LEAPT
FROM THEIR VEHICLE IN A FUSE A
LOT OF BULLETS TOOK HIS LIFE. HE
WAS UNARMED AS IT TURNED OUT
THAT IN TWENTY SIX SIXTEEN MADE
ME REALLY THINK ABOUT THE ROLE
THAT I'M PLAYING IN THIS PROCESS
AND I SAID YOU KNOW. THESE
PROBLEMS REALLY YOU'RE NOT GOING
TO BE FIXED BY LAWYERS. WITH ALL
DUE RESPECT TO THE LAWYERS WHO
ARE HERE ASSEMBLED. THEY'RE
GOING TO BE FIXED HOPEFULLY BY
THE PEOPLE. SO WHAT I DID ALONG
WITH TWO COLLEAGUES IS FORMED A
NEW GROUP HERE IN SACRAMENTO
THAT GOES BY THE ACRONYM LEAD L.
E. A. D. AND LEAD STANDS FOR LAW
ENFORCEMENT ACCOUNTABILITY
DIRECTIVE. WE BELIEVE THAT WOULD
LEAD WHAT WE COULD DO IS SET UP
AN NGO THAT WOULD GIVE THEM A
VOICE TO THE VOICELESS AND WE'LL
GO THE FIRST. ACCOMPLISHMENTS.
OF LEAD. WHAT TO MAKE SURE THAT
IN THIS OF SAN. THE POLICY
REGARD- UP CAMERAS WOULD CHANGE
BOTH PAST CAMERAS AND BODY
CAMERAS THIS WAS BEFORE THE
LEGISLATURE TOOK ITS ACTION
THROUGH THE WEBER LEGISLATION.
WE WERE AMONG THE FIRST YEAR
RESTRICTIONS IN THE STATE TO
HAVE A REQUIREMENT THAT AUDIO
AND VIDEO- TRANSMISSIONS IF
AVAILABLE WE'RE NOT SAYING THAT
EVERY SITUATION HAVE THEM
AVAILABLE AT THE TIME THERE ALL
KINDS OF REASONS. WHY LAW
ENFORCEMENT WILL LEGITIMATELY
DISENGAGE THEIR CAMERAS BUT IF
AVAILABLE WE GOT A LOCAL
ORDINANCE PASSED YEAR THAT
REQUIRE THEY BE URNED OVER
WITHIN THIRTY DAYS THAT WAS
HUMONGOUS AND THAT CAME AS A
RESULT- SO MANY COMPLAINTS THAT
CAME FORWARD TO OUR OFFICE AND
OTHERS. OF PEOPLE WHO SAID THEY
WERE MISTREATED BY POLICE BUT
THERE WAS NO AUDIO OR VIDEO
CORROBORATING EVIDENCE SO THAT
THEN OF COURSE ON A STATE LEVEL
GOT LIFTED TO WHERE WE HAVE IT
NOW AND I'M VERY HAPPY TO SEE
THAT. MANY OF THOSE WHO ARE FROM
MY COMMUNITY AND I LIVE IN SOUTH
SACRAMENTO THE DOMINANT
ETHNICITY- IF YOU WILL IS-
MULTI. ETHNIC WE HAVE API WE
HAVE LATINO- WE HAVE OF AFRICAN
AMERICAN WE HAVE CAUCASIANS WE
HAVE MEMBERS OF THE MALL
COMMUNITY WE HAVE PEOPLE FROM
ALL OVER THE WORLD AND ALL OVER
THIS COUNTRY WHO SETTLED IN THIS
PART OF SACRAMENTO. AND ONE OF
THE THINGS THAT MAKES IT. IN MY
OPINION A VERY- IMPORTANT PART
OF OUR CITY IS THE DIVERSITY
THAT WE HAVE IS THE- OF ECONOMIC
DIVERSITY THE ETHNIC DIVERSITY
ET CETERA. AS I HAVE TALKED TO
THE VARIOUS PEOPLE THAT I
INTERACT WITH ON A REGULAR BASIS
JUST RIGHT HERE IN SACRAMENTO
ONE OF THE THINGS THAT DRIVES
THE NUMBER OF PEOPLE TO
DISTRACTION. IS THAT THEY FEEL
THEY HAVE NO RECOURSE IF THEY'VE
BEEN SUBJECT TO SOME LEVEL OF
INAPPROPRIATE POLICE CONDUCT LET
ME TELL YOU SPECIFICALLY WHAT I
MEAN. IN MY WRITTEN TESTIMONY I
GAVE. EXAMPLES PRETTY LIVE THE
IN SOME CASES OF. AN OFFICER
USING SOMETHING OTHER THAN
DEADLY FORCE INAPPROPRIATELY.
AND THE PROCESS ASSOCIATED WITH.
TRANSPARENCY AND ACCOUNTABILITY
FOR THOSE ACTIONS I QUOTED MY
LAW SCHOOL DEAN I'M A GRADUATE
OF THE UNIVERSITY OF CALIFORNIA
BERKELEY SCHOOL OF LAW. AND
IRWIN CHAIRMAN SKI HAS WRITTEN
AND A BRILLIANT BOOK REALLY
LOOKING AT THESE ISSUES THAT
WE'VE BEEN DISCUSSING TODAY. AND
IN ONE SEGMENT WHAT HE DOES IS
EXPLORES THE CONCEPT THAT NOT
EVERY ASPECT OF POLICE
INAPPROPRIATE BEHAVIOR IS WITH
THE USE OF THAT DEADLY FORCE HE
TALKS SPECIFICALLY ABOUT
VIOLATIONS OF THE FOURTH
AMENDMENT SEARCH AND SEIZURE.
REQUIREMENTS AND THE FRUIT OF
THE POISONOUS TREE AND WITHOUT
GOING INTO THAT WHOLE DETAIL
THAT- TREATMENT HAS BEEN NOW
RELEGATED TO MY REMARKS WHICH
HAVE BEEN PRESENTED TO YOUR
STAFF. I WANT TO TALK ABOUT AN
ASPECT OF THAT BUT- AND THEN I.
WANT TO MOVE TOWARDS THE
SPECIFIC RECOMMEND IS THAT I
HAVE. IN OUR CIRCUMSTANCE AND
I'M SURE THE OTHER RETURNING A
SIMPLE COULD ATTEST TO THIS WE
HAVE CERTAIN THRESHOLDS OF WHERE
WE CAN ACCEPT CASES IN OUR
INTAKE PROCESS ONE OF THE THINGS
OF COURSE WE HAVE TO DO IS MAKE
SURE THEY'RE LEGITIMATE CLAIMS
THAT THERE IS A LEGAL RIGHT FOR
WHATEVER IS THE CLAIM WRONG OF
THE PERSON WHO'S COME TO OUR
OFFICE AND QUITE HONESTLY THAT
THERE IS SUFFICIENTLY. A LEVEL
OF DAMAGES THAT COULD BE
AVAILABLE TO THE COMPLAINANT IF
IN FACT WE PROCEED WITH
LITIGATION LET'S TAKE LITIGATION
OFF THE TABLE BUT WHAT ABOUT
THOSE COMPLAINTS THAT DON'T MEET
THAT THRESHOLD I'VE HAD NUMEROUS
CASES INCLUDING A WOMAN WHO CAME
IN AND SAID WHILE SHE WAS IN
POLICE CUSTODY HER BREAST IN HER
**** WERE FONDLED BY LAW
ENFORCEMENT. SHE DIDN'T HAVE
VIDEO CORROBORATING EVIDENCE OF
THAT SHE DIDN'T HAVE WITNESSES
WHO COULD CORROBORATE HER CLAIMS
BUT SHE MADE A VERY LEGITIMATE
SET OF CLAIMS IN MY OPINION THAT
THIS HAD IN FACT OCCURRED
BECAUSE WE COULD NOT LOCATE ANY
VIDEO CORROBORATING EVIDENCE OR
CORROBORATING WITNESSES WE WERE
UNABLE TO TAKE THAT CASE AS A
LITIGATION MATTER. BUT WHAT WE
DID SUGGEST SHE DO AND SHE
FOLLOWED UP WAS TO FILE A
COMPLAINT THERE IS THE
LITIGATION PATH WE ALL KNOW THE
TO DEAL WITH THE TOWARDS ACT
YOU'VE GOT A FILE WITHIN A
CERTAIN AMOUNT OF TIME WITHIN
THE JURISDICTION IN WHICH YOU
HAVE A COMPLAINT THAT'S CREATE A
GEISHA BUT WHAT ABOUT ALL THOSE
PEOPLE WHO NEVER MAKE IT INTO
THE PRE LITIGATION SPACE WHO
LEGITIMATELY HAVE COMPLAINTS
ABOUT HOW THEY WERE TREATED BY
LAW ENFORCEMENT. IN THEIR
JURISDICTION WHAT ABOUT THEM
THOSE ARE THE FOLKS THAT I
REALLY HOPE YOU'RE COMMITTEE
WILL SPEND SOME TIME TAKING A
LOOK AT AND WE HAVE SOME VERY
SPECIFIC SUGGESTIONS RELATIVE TO
WHAT SHE CHANGE IN THAT PROCESS
WE JUSTHEARD OF A STATEMENT
ABOUT STATUTE OF LIMITATIONS ONE
OF THE THINGS THAT ATTORNEY
MUSTAD THE TALKED ABOUT WAS THE
STATUE LIMITATIONS IN THE TOLD
THE OBSTRUCTIVE LOCATION. IT'S.
PRETTY CLEAR AND CAL WARN YOU
THAT IF YOU'RE GOING TO BRING A
COMPANY. AGAINST AN OFF YOU ONLY
HAVE AMOUNT OF TIME TO IT. AND
THAT TOO. IS ONE YEAR OR LESS
IT'S NOT THAT THREE YEAR PROCESS
SO IF WE HAVE A PERSON WHO IS
WHO'S CLAIMING ABUSE AND THEY
WEREN'T ABLE TO GET THERE-
COMPLAINT IF YOU WILL. A
GATHERED TOGETHER IN THE TIME
PERIOD ALLOWED THERE GOES THAT
COMPLAINT AND ALL THE THINGS
THAT WERE PART OF WHAT SENATOR
BRADFORD BRADFORD AND THE REST
OF YOU HOPE TO ACCOMPLISH IN SB
TO. GETTING RID OF BAD COPS WHO
MOVED FROM JURISDICTION TO
JURISDICTION. THIS DOESN'T
BECOME PART OF THAT RECORD IF A
PERSON IS IN A POSITION. TO
BRING FORWARD THERE ARE QUITE SO
WE HOPE THAT THERE ARE SOME
THINGS THAT YOU WILL AGREE
SHOULD HAPPEN THROUGHOUT OUR
STATE FIRST AND FOREMOST. THERE
OUGHT TO BE A TEMPLATE IN PLACE
WE KNOW IT'S A LOCAL
JURISDICTIONAL ISSUE TO SET UP
TO MAKE THE DECISION WHETHER TO
HAVE OR NOT HAVE. POLICE
ADVISORY. EAST OVERSIGHT
ADVISORY BOARD SOME IN TERMS OF
THE CITY OF OAKLAND I'VE GONE AS
FAR AS TO GIVE THEIR POLICE
ADVISORY APPARATUS SUBPOENA
POWER. THE PEOPLE COME AND
TESTIFY ARE TESTIFYING UNDER
OATH I LIKE THAT MODEL. BUT IN
SACRAMENTO WE HAVE TWO DIFFERENT
SYSTEMS JUST WITHIN THE CITY AND
COUNTY OF SACRAMENTO WE HAVE A
SYSTEM WITHIN THE CITY OF
SACRAMENTO THAT IS COMPLETELY
SEPARATE FROM THE SYSTEM. THAT
IS IN THE COUNTY OF SACRAMENTO
WHEN ONE IS BEING BRINGING A
COMPLAINT AGAINST THE SHERIFF'S
DEPARTMENT THAT NEEDS TO IN. IT
HAS TO BE SOME CONSISTENCY IF A
PERSON MOVES FROM JURISDICTION
TO JURISDICTION IN THE CASE OF
SACRAMENTO THEY CAN MOVE FROM
THE CITY TO THE COUNTY. AND THEY
HAVE A WHOLE DIFFERENT INTAKE
SYSTEM TO DEAL WITH IN TERMS OF
LODGING A COMPLAINT AGAINST A
POLICE OFFICER WE HOPE THERE'LL
BE SOME CHANGES. THAT YOU WILL
SUPPORT IN THAT REGARD. ANOTHER
PART OF THIS IS ONCE THE
COMPLAINT IS LODGED WHERE DOES
IT GO WELL THE GHOST INTERNAL
AFFAIRS. MANY OF MY CLIENTS
BELIEVE THAT INTERNAL AFFAIRS
PERSON IS NO MORE THAN A COP IN
THE SUIT. I MEAN THEY DON'T FEEL
COMFORTABLE TRUSTING THAT THE
SYSTEM WILL IN FACT GIVE
CREDIBLE INVESTIGATION. TO THEIR
CLIENT WE HOPE THAT THERE IS
SOMETHING THAT COULD BE DONE TO
GIVE PEOPLE A HECK OF A LOT MORE
COMFORT. TO ENCOURAGE THEM TO
COME FORWARD IN TERMS OF THE
PROCESS ASSOCIATED WITH THE
INTAKE OF COMPLAINTS AGAINST
OFFICER OR DEPARTMENT
MISBEHAVIOR THIRD. ONE OF THE
THINGS THAT- IS REALLY NEAR AND
DEAR TO ME IS THE NUMBER OF
CLIENTS I'VE HAD WHO SAID I'M
NOT GOING FOR WITH ANY
COMPLAINT. FOR THE FOLLOWING
REASONS NUMBER ONE I'M ON PAROLE
NUMBER TWO I'M ON PROBATION
NUMBER THREE I GOT OUTSTANDING
WARRANTS OR NUMBER FOUR I'M IN
THIS COUNTRY WITHOUT
DOCUMENTATION. AND I DON'T WANT
TO TRIGGERING DEPORTATION
PROCESS BY MAKING A COMPLAINT
AGAINST LAW ENFORCEMENT WE NEED
TO BE AWARE THAT THESE ARE REAL
AND THAT THE VERY PEOPLE WHO ARE
MOST VICTIMIZED AND
DISENFRANCHISED. ARE THE PEOPLE
WHO HAVE A LITTLE IF YOU WILL
LET ON THEM. THEY ARE NOT COMING
FORWARD BECAUSE OF ALL THESE
OTHER CHALLENGES AND I HOPE
THERE'S A WAY THAT REASONABLE
PEOPLE CAN COME UP WITH A CHANGE
TO THE SYSTEM IN PROCESS THAT
WILL ENCOURAGE THE VERY VICTIMS.
OF POLICE AN APPROPRIATE
BEHAVIOR COME FOR. OF FINALLY
THE FACT THAT YOU FILE A
COMPLAINT AGAINST AN OFFICER
TYPICALLY IN ONE OF TWO OR THREE
PLACES CITY HALL. THE POLICE
DEPARTMENT- THAT ONE DOESN'T
MAKE A LOT OF SENSE TO ME THAT'S
LIKE INVITING THE CHICKEN INTO
THE FOX DIæN. BATTLING DOESN'T
MAKE A LOT OF SENSE FOR THE
THIRD IS IN SOME BROADER
ADMINISTRATIVE- BUILDING
ASSOCIATED WITH CITY GOVERNMENT
IN SACRAMENTO FOR EXAMPLE IT'S
IN CITY HALL. BUT IT'S NOT IN
THE POLICE DEPARTMENT NOR IS IT
IN THE AMERICAN CITY COUNCIL'S
OFFICE IT'S AN ADMINISTRATIVE
LOCATION THAT I ASSUME PEOPLE
FEEL WILL BE MORE WELCOMING. TO
THE PEOPLE WHO ARE FILING
COMPLAINTS WE I HOPE COULD
FIGURE OUT A WAY TO BRING TO THE
PEOPLE WHAT THE PEOPLE NEED. M.
BY THAT WHAT I MEAN IS WE SHOULD
HAVE. NGOS AND NONPROFITS THAT
CAN INTAKE COMPLAINTS AGAINST
POLICE DEPARTMENT IT'S GOING
FROM BARE TO WHATEVER THE NEXT
STEP IS IN THE HOUSE SO THE
PEOPLE WHO WOULD SAY WELL THAT
DOESN'T MAKE SENSE BECAUSE- YOU
HAVE TO MAKE SURE THAT IT'S A
SECURE ENVIRONMENT. AND ONE IN
WHICH YOU DON'T HAVE A
MANIPULATION OF THE PROCESS ALL
WE'RE TLKING ABOUT IS AN INTAKE
OF THE COMPLAINT IN MOST
JURISDICTIONS YOU CAN DO THAT
NOW VIRTUALLY VIA THE INTERNET.
SO TO HAVE. EXISTING CREDIBLE
NGOS THAT ARE WITHIN OUR
DEPARTMENT IN OUR COMMUNITIES
BEING THE PLACE WHERE PEOPLE CAN%
BRING. A LEGITIMATE COMPLAINT
AGAINST LAW ENFORCEMENT WE THINK
MAKES A HECK OF A LOT OF SENSE
AND WE WOULD REALLY LIKE TO SEE
THAT HAPPEN. AT SOME POINT GOING
FORWARD FROMTHIS POINT FROM
THIS POINT SO THOSE ARE THE BIG
CONCERNS I HAVE AN EXTENSIVE-
TEN PAGES OF TESTIMONY THAT I
HAVE OFFERED TO THE COMMITTEE.
I'M NOT GOING TO BORE YOU WTH
ALL THE DIFFERENT ASPECTS- I
WILL SAY THAT THE EFFORTS TO TRY
TO. DEAL WITH THE CHALLENGES
PRESENTED BY QUALIFIED IMMUNITY
IN OUR STATE I HAVE BEEN ON THE
RIGHT PATH UNFORTUNATELY WE
WEREN'T ABLE TO GO ACROSS THE
FINISH LINE WITH THAT SB TWO I
KNOW SENATOR BRADFORD AND OTHERS
HAVE TALKED ABOUT GOING BACK.
AND TAKING ANOTHER STAB AT DOING
WHAT IS RIGHT RELATIVE TO THE
QUALIFIED. IMMUNITY THE FACT
THAT NINE THE NINE POINT. EIGHT
OF THE JUDGMENTS THAT HAVE BEEN
PAID OUT HAVE BEEN PAID OUT BY A
GOVERNMENT I TELL PEOPLE ONE OF
THE PROBLEMS WITH THIS WHOLE
SYSTEM. IS AT THE END OF THE DAY
IF THE OFFICERS FOUND TO HAVE
DONE SOMETHING INAPPROPRIATE
IT'S NOT BE OFFICER WHO WRITES
THE CHECK OF COURSE IT'S THE
JURISDICTION. WHO PLOY THE
OFFICER THAT HAS TO CHANGE SO
WITH THAT SAID I WANT TO THANK
YOU FOR GIVING ME AN OPPORTUNITY
TO JOIN YOU AND I'M MORE THAN
HAPPY TO ANSWER ANY QUESTIONS.
THANK YOU VERY MUCH MR HARRISON
FREESHEET YOUR PRESENTATION.
AGAIN WOULD JUST ASK IF YOU CAN
PLEASE. STAND BY- WE HAVE FEWER
PALACE WE WANT TO GET TO AND
HEAR FROM- AND THEN WILL BE
OPENING UP FOR MY COLLEAGUES
HERE TO. ASK YOU POINTED
QUESTIONS- THAT YOU HAVE
ARTICULATED IN YOUR PRESENTATION
BUT AGAIN THANK YOU VERY VERY
MUCH. FOR GIVING US YOUR POINT
OF VIEW NEXT UP WE WANT TO BRING
UP MISTER GODFREY SHELDON- COOL-
IS A PARTNER AND THE CHAIR OF
THE PUBLIC'S. SAFETY GROUP AT
LIVE AT LIBERTY CASSIDY AND WHAT
MORE- WHO- WHO REPRESENTS POLICE
CHIEFS- IN CITIES AND APARTMENTS
WILL BE JOINING US VIRTUALLY- SO
MRS. SHELDON- ARE YOU WITH US. I
YES I AM WHEN. THANK YOU SO VERY
MUCH- WE ASK YOU- INDUCE
YOURSELVES GIVES LISTENERS HELLO
HISTORY ABOUT YOURSELF AND THEN
MOVING. TO THE SUBJECTS
CERTAINLY WARRANTS ADDITIONAL
TIME AN ARTICULATION- AROUND
POPE ARE SO PLEASE- COMMENCE-
AS- RIGHT NOW THANK YOU. OKAY
THANK YOU CHAIRMAN APPRECIATE IT
- SO FIRST I WANT TO START BY
INTRODUCING MYSELF- AS YOU
MENTIONED MY NAME'S JEFFREY
SHELDON I MAY PARTNER WITH LEVER
KASSIDY WHITMORE- WE ARE A- LAW
FIRM THAT SPECIALIZES IN PUBLIC
SECTOR EMPLOYMENT LAW- WE
REPRESENT APPROXIMATELY 75% OF
THE PUBLIC YOU TO CITIES ACROSS
THE STATE OF CALIFORNIA AND WE
ARE RATE CALIFORNIA ONLY LAW
FIRM. WELL I PERSONALLY AM THE
CHAIR OF OUR PUBLIC SAFETY
PRACTICE GROUP- WHICH MEANS I
WORK PRETTY MUCH EXCLUSIVELY
WITH LAW ENFORCEMENT AGENCIES
AND FIRE DEPARTMENTS IN
CONNECTION WITH ALL OF THEIR
LABOR AND EMPLOYMENT ISSUES FROM
COLLECTIVE BARGAINING- GETTING
TO THOSE MEMORANDA OF
UNDERSTANDING OUR COLLECTIVE
BARGAINING AGREEMENTS- TO THE
DISCIPLINARY SYSTEM- HEAVY DOSE
OF MY PRACTICES INVOLVED HERE-
TO LITIGATION INVOLVING- HE'LL
BE ALRIGHT- AND THE DISCIPLINARY
PROCESS IN GENERAL. AND I'VE
LITIGATED ALL THE WAY YOU KNOW
FROM THE ADMINISTRATIVE HEARINGS
THEMSELVES THE APPEAL HEARINGS
THAT WE'VE BEEN TALKING ABOUT A
PROVIDE ADVICE AND COUNSEL. TO
CHIEFS OF POLICE AND SHERIFFS.
IN THE INVESTIGATORY PROCESS TO
MAKE SURE THAT IT IS DONE
CORRECTLY AND IN COMPLIANCE WITH
THE LAW- AND THEN ON OCCASION
WHERE THESE MATTERS GO TO THE
COURTS- I LITIGATE THOSE THERE
AS WELL. AND SO I'VE SEEN THESE
THINGS- FROM UP FROM THAT
PERSPECTIVE. BUT ALSO POINT OUT
THAT MR STAGNATE I WANT YOUR
PRIOR SPEAKERS I HE AND I ARE IN
THE SAME. LANE IF YOU WILL
ACCEPT HE'S ON ONE SIDE AND I'M
ON THE OTHER HE REPRESENTS THE
UNIONS I AM REPRESENTING
MANAGEMENT AND SALAS SO JUST BE
CLEAR THAT THAT'S THE
PERSPECTIVE THAT I THAT I COME
FROM- I TRY TO HELP THE CHIEFS
IF YOU WILL. DO THE RIGHT THING
INVESTIGATE THESE COMPLAINTS
THAT I'M MISTER HARRIS JUST
MENTION WHEN THEY. DO COME OUT.
ON YEAH AND I DO ROB. THE BIG
SMALL AND CHALLENGES AND DEALING
WITH THESE ISSUES DO SOMEWHAT
DIFFER DEPENDING ON THE SIZE OF
THE AGENCY I WORK FOR. VERY
LARGE SERVICE DEPARTMENTS DO
VERY SMALL POLICE DEPARTMENTS
YOU KNOW WITH WITH. TEN PLUS
POLICE OFFICERS IN THEIR ENTIRE
AGENCY. AND UP BECAUSE OF THE
DISCREPANCY IN THE SIZE OF
AGENCIES. THAT'S SOMETHING I
THINK THE COMMITTEE MAY WANT TO
KEEP IN MIND IS ONE SIZE FITS
ALL'S IS SOMETIMES DIFFICULT-
BECAUSE OF. THE SIZE OF THE
AGENCIES THAT WE HAVE HERE IN
CALIFORNIA. SO WITH THAT- THE-
QUESTION POSED IS HOW DOES THE
P. O. B. R. WORK IN PRACTICE-
BPOP ARE AT- IT'S FOUND IN THE
GOVERNMENT CODE SECTION THIRTY
THREE HUNDRED THREE WITH THIRTY
THREE THIRTEEN IT DOESN'T A LOT
OF THINGS NOT JUST. REGULATE THE
DISCIPLINARY PROCESS I THINK
IT'S IMPORTANT TO. APPRECIATE
THAT IT THIRTY THREE OH TWO FOR
EXAMPLE RIVER REGULATES
POLITICAL ACTIVITY ON DUTY-
THIRTY THREE OH THREE OF THE
GOVERNMENT CODE IS ONE OF THE
MORE IMPORTANT PROVISIONS IN MY
ESTIMATION AND THAT'S THE ONE
THAT REGULATES HOW
ADMINISTRATIVE INTERROGATIONS%
ARE CONDUCTED- THIRTY THREE IT
ALSO IT FOR EXAMPLE- THIRTY
THREE OH THREE REGULATES THE
TIMING. AND LENGTH OF INTERVIEWS
OR INTERROGATIONS WITH OFFICERS
REGULATES WHO CAN ASK QUESTIONS.
IT MANDATES ADVANCE NOTICE OF
WHAT THE OFFICER WILL BE
QUESTIONED ABOUT. IT HAS
PROVISIONS REGARDING CREE
INTERROGATION DISCOVERY SO
INFORMATION THAT MUST BE
PROVIDED TO THE OFFICER PRIOR TO
BEING QUESTIONED- THERE ARE
PROVISIONS ON THAT AS MR MISTAKE
YOU MENTIONED THERE ARE
REQUIREMENTS FOR MIRANDA
WARNINGS AND USE IMMUNITY. WHEN
THE MATTER BEING INVESTIGATED.
HAS BOTH CRIMINAL AND
ADMINISTRATIVE IMPLICATIONS- AND
THEN THERE'S ALL THE RIGHT FOR
THE OFFICER TO HAVE A
REPRESENTATIVE HIS OR HER CHOICE
PRESENT DURING THE INVESTIGATORY
INTERVIEW. SECTION THIRTY THREE
OF FOUR IS ANOTHER SIGNIFICANT
PROVISION UP THE FUEL BR THAT
ONE MANDATES AN ADMINISTRATIVE
APPEAL- FOR PUNITIVE ACTION. ONE
OF THINGS I THINK TO ROOM- THAT
DIFFERENTIATES THE POP ARE IN
THE F. B. O. R. FROM. LAWS THAT
IMPLICATE OTHER TYPES OF PUBLIC
EMPLOYEES IS THE LEVEL OF
DISCIPLINE. OR PEACE OFFICER OR
FIREFIGHTER- WHERE THEY CAN
APPEAL IT. IS MUCH LOWER.
WRITTEN REPRIMANDS ARE COVERED
FOR EXAMPLE UNDER THIRTY THREE
OH FOUR. AND IN PRACTICE WHAT
THAT MEANS IS IF AN OFFICER GETS
A WRITTEN REPRIMAND FOR
VIOLATION OF POLICY WHICH- IN
ALL THESE AGENCIES THERE ARE
CONCEPTS OF WHAT ARE WHAT IS
CALLED PROGRESSIVE DISCIPLINE-
YOU START WITH LOWER LEVEL
DISCIPLINE UNLESS IT'S A VERY
VERY SERIOUS ACT OF MISCONDUCT.
AND THEN- YOU PROGRESSIVELY.
MAKE IT MORE SEVERE WELL WITH
WRITTEN REPRIMANDS THOSE CAN BE
APPEALED SOMETIMES THOSE APPEAL
HEARINGS CAN TAKE MULTIPLE
BREAKS. AND BECAUSE OF THAT
THERE'S A SOMEWHAT OF A
DISINCENTIVE FOR A SUPERVISOR TO
ISSUE A WRITTEN REPRIMAND TO
CORRECT BEHAVIOR- AND THAT'S
JUST A FACT OF LIFE IF YOU WILL-
GIVEN THE WAY THE P. O. B. R. IS
WRITTEN AT PRESENT- THIRTY THREE
OH FOUR ALSO HAS WHAT'S BEEN
TALKED ABOUT TODAY WHICH I THINK
IS A VERY SIGNIFICANT AND
IMPORTANT PROVISION WHICH IS
THAT ONE YEAR STATUTE OF
LIMITATIONS PERIOD- THAT IS- IN
MY VIEW- EIGHT. AS AN AREA THAT
I THINK IF THE COMMITTEE IS
KALRA TRUST SOMETHING THAT IS
SOMETHING THAT YOU DO ARE
STRONGLY TAKE A LOOK AT- WELL I
AGREE WITH MR STATNY THERE ARE
PROVISIONS IN THERE FOR
TOTALING- I DON'T AGREE THAT
IT'S AS EASY AS HE MAKES IT SEEM
TO COMPLETE AN INVESTIGATION AND
ONE YEAR IN ALL CASES ARE THERE
CERTAINLY- SITUATIONS THAT I'VE
HELPED OUR CLIENTS WITH WHERE IT
IS DIFFICULT TO GET WITNESSES
AND PARTICULARLY NON CIVILIAN
WITNESSES WHOM AND MAYBE ARE
AFRAID TO COME FORWARD. OR
UNAVAILABLE FOR ONE REASON OR
THE OTHER- TO GET THAT
INVESTIGATION COMPLETED REVIEWED
EVALUATED AND THEN THE NOTICE OF
DISCIPLINE TO GO OUT IN A TIMELY
MANNER IN A IN A ONE YEAR PERIOD
IS NOT AS EASY AS AS ONE WOULD
THINK AND ALL CAJUNS AND MISSING
IT BY A SINGLE DAY- RESULT IN NO
DISCIPLINE BEING IMPOSED AGAINST
THE OFFICER AT ALL- SO BUT THAT
IS A THAT IS A PROVISION OF
THIRTY THREE OH FOUR- THERE ARE
OTHER SECTIONS OF THE P. O. B.
R. THIRTY THREE OH FIVE THIRTY
THREE OF SIX AND THIRTY THREE OF
SIX POINT FIVE WHICH REGULATE-
WHAT CAN GO INTO A POLICE
OFFICERS- PERSONNEL FILE. AND
THESE PROVIDE ALSO ALLOWING. TO
REVIEW IF REQUEST THAT MATERIAL
BE REMOVED FROM THE FILE. AND
GIVE THEM THE RIGHT TO SUBMIT
REBUTTAL MATERIAL- TO YOU KNOW A
POOR ABOUT UA ATION-
DISCIPLINARY ACTION OR OTHER.
ADVERSE COMMENTS- THAT MIGHT GO
INTO AN OFFICER'S PERSONNEL FILE
. A SECTION THIRTY THREE OH FIVE
POINT FIVE IS ANOTHER
PROVISIONAL POLE BAR- THAT
PROHIBITS. A DEPARTMENT FROM
TERMINATING OR DISCIPLINING. AN
OFFICER BECAUSE THAT INDIVIDUAL
HAS BEEN PLACED ON A ON A
PROSECUTOR'S BRADY LIST. AND
THERE ARE IMPLICATIONS TO THAT-
BRADY LIST IS. SOMETHING THAT-
DA'S OFFICES KEEP- CONCERNING
OFFICERS WHO HAVE A HISTORY OF
DISHONESTY AND OTHER ACTS OF
MISCONDUCT THAT- MAY JEOPARDIZE
THEIR ABILITY TO PROSECUTE A
CASE I HAVE TO TURN THAT
INFORMATION OVER TO CRIMINAL
DEFENSE ATTORNEYS- THIS
PROVISION WHICH WAS ADDED MORE
RECENTLY SAYS DEPARTMENT SORRY-
YOU CANNOT DISCIPLINE- IT. THIS
OFFICER WHO AND IN MANY WAYS IS
NO LONGER USED HERE BECAUSE THEY
CANNOT BE A GOOD WITNESS- YOU
CANNOT DISCIPLINE THEM. BECAUSE
THE DA HAS DIEM THEM-
UNTRUSTWORTHY AS A WITNESS-
THIRTY THREE OH SEVEN- OF THE
ACT THE ACT PROHIBITS LIGHTED
TRACTOR TEST MR STAGNATION THAT-
THIRTY THREE OF SEVEN POINT FIVE
REGULATES THE DISTRIBUTION OF
PHOTOGRAPHS OF OFFICERS THIRTY
THREE OH EIGHT- REGULATES
ENQUIRIES INTO OFFICER FINANCES
EXCEPT IN SOME. EXCEPTIONS WITH
RESPECT TO SPECIAL ASSIGNMENTS
LIKE VIæT. SEE AN UNDERCOVER
ASSIGNMENTS. THIRTY THREE- NOT.
REGULATES SEARCH OF OFFICE
LOCKERS- THIRTY THREE OH NINE
POINT FIVE IS ANOTHER
SIGNIFICANT PROVISION IT'S WHAT
I CALL THE REMEDIES PROVISION
FOR VIOLATIONS OF THE BEAT PBR.
AND THAT PROVISIONS. ARE ALLOWS
THAT THAT SPECIFIES WHAT THE
REMEDIES ARE WHEN THERE IS A
VIOLATION IN THE MOST
SIGNIFICANT ONE IS. YEAH
INJUNCTIVE RELIEF WHICH AS A
PRACTICAL MATTER MEANS
SUPPRESSION OF EVIDENCE FOR WORK
OR THE OVERTURNING OF DISCIPLINE
WHEN THERE'S BEEN A MISSTEP BY
AN INTERNAL AFFAIRS
INVESTIGATOR- OR THERE IS THAT-
IN A MINOR VIOLATION OF THE ACT
OF FOR EXAMPLE NOT GIVING THEM
ENOUGH NOTICE OF WHAT THEY'RE
GOING TO BE INTERROGATED ABOUT-
YOU KNOW- STUFF LIKE THAT THAT
CAN. OVERTURN OR SUPPRESS
EVIDENCE WHERE WHICH CAN KEEP AN
OFFICER- ON THE JOB WHEN PERHAPS
THEY SHOULDN'T BE- SO THOSE ARE
THE SIGNIFICANT. PROVISIONS OF
THE P. O. B. R. THAT'S WHAT IT
DOES IN PRACTICE I THINK ONE
THING TO. ALSO REMEMBER AND SOME
OF THE OTHER SPEAKERS HAVE
MENTIONED THIS ALREADY- BUT
THERE ARE OTHER LAWS. THAT
IMPOSE IMPORTANT P. DISCIPLINARY
PROCESS THAT. ARE OUTSIDE OF THE
ACTUAL PO PR THAT ARE IMPORTANT
TO I THINK KEEP ON YOUR RADAR AS
A COMMITTEE. OF ONE IS THE MYERS
MILLIONS PRODUCT- THAT IS THE
COLLECTIVE BARGAINING LAW THAT
APPLIES TO ALL UNIONS IN
CALIFORNIA- IT'S BEEN MENTIONED
HERE THAT YOU KNOW ALL UNIONS DO
YOU HAVE THE RIGHT TO NEGOTIATE
A WHOLE HOST. OF THINGS FROM
SALARY OBVIOUSLY BUT ALSO TO OUR
POLICIES AND PROCEDURES
INCLUDING DISCIPLINARY
PROCEDURES ARE THE THERE'S AMOR
AND- USE CONCERT THAT HAVE
DISCIPLINED GUIDELINES AND
MATROSKA IS LET'S SAY YOU KNOW
AN OFFICER CAN ONLY BE PENALIZED
SUCH AND SUCH FORCE THIS TYPE OF
MISCONDUCT- AND SO THAT'S
SOMETHING THAT YOU NEED JUST
NEED TO BE AWARE OF THAT- IF
THERE ARE CHANGES TO THE ACT-
THOSE CAN BE ADDRESSED. THROUGH
THE COLLECTIVE BARGAINING
PROCESS THEORETICALLY AND ON
THERE ARE THINGS I THINK THE
COMMITTEE COULD DO TO PREVENT
THAT IF IT SO CHOSE. ON THE
OTHER- LAW THAT IS IMPLICATED
HERE IS BEING. I JUST STATUTES.
YOU KNOW CODES EIGHT TWO PER
SAID AND THE EVIDENCE CODES TEN
THREE. AT SAC. THOSE CONCERNED
ACCESS TO PEACE OFFICER
PERSONNEL RECORDS- BY THE PUBLIC
AND- OTHER INDIVIDUALS THIRD
PARTIES- DOES IMPACT THE
DISAPPOINTING PROCESS IN A
SIGNIFICANT WAY. AND TO THE
EXTENT THAT YOU'RE GOING TO TAKE
A LOOK AT. ANY SORT OF CHANGES
TO THE POPE ARE- I WOULD SUGGEST
YOU LOOK AT ALL THREE OF THEM
TOGETHER- BECAUSE THEY ALL ARE
INTERRELATED IN SOME MANNER- ONE
OF THE OTHER QUESTIONS AS I
UNDERSTAND IT THAT THE COMMITTEE
HAD INTRESTING IS. HOW INTERNAL
AFFAIRS INVESTIGATIONS ARE
CONDUCTED WITH POLL ARE ON A
KIND OF A DAY TO DAY BASIS. AND
I'LL JUST GO THROUGH THE PROCESS
WITH YOU SO YOU UNDERSTAND
BECAUSE GENERALLY SPEAKING I AM-
AND PEOPLE MY FARM ARE ON THE
FRONTLINE. AND THAT WE ARE
CONTACTED BY A POLICE DEPARTMENT
ONE OF THEM PLAN COMES UP. AND
WE OFTEN GET QUESTIONS ABOUT
WHAT TO DO- AND HOW TO GO
THROUGH THE INVESTIGATORY
PROCESS. TO MAKE SURE THAT IT'S
DONE IN A LEGALLY COMPLIANT AND
FAIR MANNER. TO THE OFFICER AND
ALSO TO THE COMPLAINANT- AS I
WILL SAY THE INTERNAL FIT
AFFAIRS PROFESSIONALS THAT WE
WORK WITH. THEY ARE
PROFESSIONAL. THEY DO FOR THE
MOST THERE'S ALWAYS BAD APPLES
IN EVERY BUNCH AND I WILL-
REALLY KNOWLEDGE THAT BUT FOR
THE MOST PART. THEY WANT TO DO
THE RIGHT THING THEY WANT A
POLICE THEIR PROFESSION ARE THEY
WANT TO DO IT IN A FAIR. MANNER. AND A LEGALLY COMPLIANT MANNER
- ASSISTIR LEAH'S- THIRTEEN
COMES IN- AND ACTUALLY SOMETIMES
THEY CAN THE COMPLAINT IS NOT
WHAT YOU WOULD THINK OF AS A
COMPLAINT ESTADO WRITTEN
DOCUMENT THAT SAYS I BELIEVE MY
RIGHTS WERE VIOLATED OR THIS
OFFICER DID SOMETHING WRONG. ONE
OF THE- ISSUES AND IT REALLY
IMPLICATES THE STATURE
LIMITATIONS THAT WERE TALKING
ABOUT EARLIER- IS THAT WHAT CAN
TRIGGER THE STATUE LIMITATIONS
RUNNING IS NOT JUST A WRITTEN
COMPLAINT. IT'S ANY SORT OF
INFORMATION BY SOMEONE
AUTHORIZED TO INITIATE
INVESTIGATIONS. THAT WOULD PUT
THAT PERSON ON NOTICE THAT THE
OFFICER MIGHT HAVE ENGAGED IN
MISCONDUCT. UP THERE'S A THERE'S
A CASE THAT KIND OF EXPLAINS THE
NUANCES OF THIS THAT'S PEDRO
VERSUS CITY OF LOS ANGELES- BUT
I THINK THE COMMITTEE MIGHT WANT
TO TAKE A LOOK AT JUST TO SEE
HOW THE NEW WATCH THIS CAN BE.
BECAUSE IT'S NOT WHAT YOU WOULD
THINK OF WHEN YOU HAVE A
COMPLAINT COMING IN THERE SHOULD
BE AN ITERNAL AFFAIRS
INVESTIGATION OPEN ON THE STAY
THERE ARE. PRE COMPLAINT-
INFORMATION THAT YOU COME INTO
OUR DEPARTMENT YOU MIGHT EVEN
NOT KNOW WHO HE OFICERS IT'S
WHAT THEIR NAME IS. THAT CAN
TRIGGER THE STATUE LIMITATIONS
AND IF AND IF AGAIN THE YOU PUT
APARTMENT MISSES IT BY ONE DAY-
DISCIPLINE CANNOT. BE IMPOSED
AGAINST THAT OFFICER- BUT- THE
NEXT IS TO OPEN THE INTO THE
FORMAL INTERNAL AFFAIRS
INVESTIGATION. IT'LL BE AN
INVESTIGATOR ASSIGNED- SOME
DEPARTMENTS- LARGER DEPARTMENTS
IN PARTICULAR- HAVE INTERNAL
AFFAIRS UNITS I WITHIN THEIR
ORGANIZATION OF MANY OTHER
APARTMENTS CONTRACT THAT THAT
OUT- BECAUSE THEY DO NOT HAVE
THE EXPERTISE DO NOT HAVE THE
STAFFING. TO BE ABLE TO DO IT
AND THERE ARE A HOST OF A
PRIVATE SECTOR- COMPANIES
INVESTIGATIVE COMPANIES THAT
STAFF BETTER STAFF OF LAWYERS US
SOME EX LAW ENFORCEMENT TO
CONDUCT THESE INVESTIGATIONS-
AND THEY ARE- OBJECTIVE AND
NEUTRAL IN MY EXPERIENCE- THAT'S
PART OF THEIR BUSINESS MODEL. IF
THEY'RE NOT OBJECTIVE AND
NEUTRAL THEY'RE NOT GONNA GET
REPEAT BUSINESS BECAUSE- WHAT
WHAT THEY'RE BEING HIRED FOR IS
THAT OBJECTIVITY AND NEUTRALITY
. IBMS COMES IN- THEY COLLECT
RELEVANT DOCUMENTS- THEY WILL
INTERVIEW WITNESSES USUALLY THE
COMPLAINT IT IS THE FIRST
INDIVIDUAL INTERVIEWED- OTHER
INDIVIDUALS IDENTIFIED OR
INTERVIEWED AND ULTIMATELY THE
SUBJECTS OF THE INVESTIGATION
THE ACCUSED OFFICER OR OFFICERS.
ARE INTERVIEWED AS WELL- PRIOR
TO BEING INTERVIEWED THE
SUBJECTS YOU HAVE TO TREAT THEM
A LITTLE BIT DIFFERENTLY THEY
HAVE TO BE. NOTIFIED OF WHAT
THEY'RE GOING TO BE QUESTIONED
ABOUT. AND IF THAT IS NOT DONE
PROPERLY- THAT IS ANOTHER BASIS
FOR A POOL BAR VIOLATION WHERE
EVIDENCE CAN BE SUPPRESSED OR
THE DISCIPLINE OVERTURNED- YOU
KNOW AS AN EXAMPLE I HAD A
CLIENT OF- RECENTLY WHO.
CONDUCTED AN INVESTIGATION OF A
DOMESTIC VIOLENCE INCIDENT
INVOLVING AN OFFICER. AND THE
NOTICE THAT THE DEPARTMENT
PREPARED MENTIONED THE DOMESTIC
VIOLENCE INCIDENT- THERE WAS
ALSO THOUGH IN AN ALLEGATION
THAT THE OFFICER HAD USED- JOGS
AND HAD TAKEN HIS PATROL CAR
OUTSIDE OF. CITY LIMITS- WITHOUT
AUTHORIZATION TO DO SO AND THE
INVESTIGATOR ASK QUESTIONS ABOUT
THAT. WOULD BE HE NEGLECTED TO
PUT IT INTO THE NOTIFICATION
THAT WANT TO THE OFFICER- THE
HEARING OFFICER ON THE CASE
SUPPRESSED ALL OF THE EVIDENCE
ABOUT YOU THE USE OF DRUGS THEME
. A CAR BEING DRIVEN OUTSIDE OF
CITY LIMITS FOR PERSONAL
REASONS- HE HANDS YOU KNOW THAT
IS A FACT OF LIFE- BECAUSE THE
INVESTIGATOR MADE A MISTAKE AND
THAT SCENARIO- D. COMPLAIN IT
WILL BE I MEAN THE- DEFUSED
IMPLORE YOU WILL BE REPRESENTED
BY AN ATTORNEY. USUALLY IT CAN
BE- I'M NOT ATTORNEY
REPRESENTATIVE THERE ARE SOME
DIFFICULTIES SOMETIMES IN
GETTING A DATE- THAT CAN SLOW
DOWN THE PROCESS BUT I AGREE
WITH MR STAGNATE- GIVEN THE CASE
LAW AS IT STANDS NOW- THERE'S A
REALLY SHORT LEASH AND THAT THE
DEPARTMENT CAN ORDER THE OFFICER
AND- RELATIVELY QUICKLY- ONE OF
THE ISSUES THOUGH WITH THE
REPRESENTATIVE ISSUE IS. AT
LEAST IN MY EXPERIENCE OF THE
SAME ATTORNEY IS OFTEN
REPRESENTING THE ACCUSED OFFICER
AND ALSO REPRESENTING OTHER
OFFICERS INVOLVED IN THE
INVESTIGATION AND STE. WITH THAT
COMES THE POSSIBILITY OF- THE
SHARING OF INFORMATION BETWEEN
WITNESSES AND THE SUBJECT. AND
S. AS AT PRESENT THAT'S
PERMITTED UNDER THE ACT- AFTER
THE INVESTIGATION IS COMPLETED
WHICH MEANS IT'LL BE A REPORT
DRAFTED- FOR THE TYPICALLY THE
CHIEF OF POLICE OR THE
EXECUTIVES WITHIN THE LAW
ENFORCEMENT AGENCY THAT IS
REVIEWED- ANALYZED AND IF
CORRECTIVE ACTION IS TO BE TAKEN
IF THERE ARE SUSTAIN FINDINGS
AGAINST THE OFFICER- THERE WILL
BE A NOTICE OF INTENT TO
DISCIPLINE AND THAT'S WHERE THE
SCALY PROCESS THAT MISTER
MISDIAGNOSIS- MENTIONED EARLIER
COMES INTO PLAY- THERE ARE.
THREE DISCIPLINE- DUE PROCESS
RIGHTS TO COME FROM THE FIFTH
AMENDMENT AND THEN THERE ARE
POST DISCIPLINE. DUE PROCESS
RIGHTS AS WELL WHICH IS A IS A
HEARING FOR NEUTRAL HEARING
OFFICER. AND THAT'S A RIGHT THAT
EXISTS FOR ALL PUBLIC EMPLOYEES
SO IT REALLY YOU KNOW IT DOESN'T
NEED TO BE STATED NECESSARILY IN
THE P. O. B. R. CONSENT APPLIES
ANYWAY IT'S A MATTER OF.
CONSTITUTIONAL LAW- BUT BUT THAT
IS THE PROCESS THERE WILL BE NO
SOME TENT SKELLY MEETING. AND
THEN AN APPEAL PROCESS AND SOME
OF THESE APPEALS APPEAL
HEARINGS- THEY MADE SOMETHING
MAY ONE DAY. OF THE DEPENDING
THE ALLEGATIONS SOME OF THEM CAN
BE. I'VE HAD CASES WHERE THERE
TWENTY PLUS DAYS OF HEARINGS
ABOUT WHETHER THE OFFICER
ENGAGED IN MISCONDUCT OR NOT-
AND- I WOULD SAY THE TWENTY DAY
ONE IS UNUSUAL MOSTLY THERE
THREE FOUR FIVE DAYS- IN MY
EXPERIENCE ANYWAY. BUT IT'S A
TIME CONSUMING AND ERROR CAN BE
COSTLY TO THE AGENCY- THEY DO
HAVE TO PAY FOR REPRESENTATION.
BOTH AT THE INVESTIGATION STAGE
. AND PROSECUTING THE APPEAL IS
ULTIMATELY THE EMPLOYER THE
EMPLOYEE AGENCY THE OFFICE OF
THE CHIEF. AS THE BURDEN OF
PROOF TO ESTABLISH THAT THE
OFFICERS ENGAGED IN MISCONDUCT
NUMBER ONE AND NUMBER TWO THAT
THE LEVEL OF DISCIPLINE WAS
APPROPRIATE UNDER THE
CIRCUMSTANCES. AS FAR AS WHO
HEARS THE APPEAL- IT VARIES FROM
AGENCY TO AGENCY. SOME INVOLVE
CIVIL SERVICE COMMISSIONS OR
PERSONNEL BOARDS THAT ARE
APPOINTED BY ELECTED OFFICIALS-
IN MY EXPERIENCE THOUGH MOST OF
THE HEARINGS THAT THAT WE ARE
INVOLVED IN THEIR THEIR HEARD BY
PRIVATE ARBITRATORS. EACH OF
WHICH HAS THEIR OWN- USE ON.
WHAT DISCIPLINE SHOULD BE OR
SHOULD NOT BE A LEVEL OF
DISCIPLINE EVERYBODY HAS THEIR
DIFFERENT VIEWPOINTS SUMMER
CONSIDER PRO EMPLOYEE SUMMER
CONSIDER PROBLEM MANAGEMENT- BUT
THEY WILL MAKE THE DECISION AND
MANY MANY CASES AN ARBITRATOR HI
AND WILL SECOND GUESS IF YOU
WILL THE OF THE CHIEF OF POLICE.
AND FROM THERE THE LOSER CAN GO
TO COURT YOU CAN FILE A PETITION
FOR ADMINISTRATOR. MANDAMUS
UNDER CIVIL CONSUMER SEIZURE TEN
NINETY FOUR POINT FIVE. AND THAT
CAN GO UP TO THEM THE APPELLATE
COURTS ALL THE WAY TO THE
SUPREME COURT- SO- ONE LAST
POINT- BELIEVE THE PANEL WAS ONE
OF THE QUESTIONS THAT I RECEIVED
ANYWAY IT WAS- HOW DOES THE POV
ARE ONLINE OR NOT ALIGNED WITH
THE RIGHTS OF OTHER PUBLIC
SERVANTS IN CALIFORNIA- ONE
UNDER INVESTIGATION. FROM THE
DIFFERENCES IN IN MY VIEW ARE
THAT THE PROSPECTS OF EVIDENCE
BEING SUPPRESSED. DUE TO A
VIOLATION OF THE POP ARE SIMPLY
JUST DON'T EXIST WITH OTHER
TYPES OF EMPLOYEES- SO IN A YOU
KNOW WHETHER THERE WAS A
VIOLATION OF THE P. O. B. R. AND
WHEN THAT HAPPENS AS IT STANDS
NOW GENERALLY SPEAKING THE
EVIDENCES. IS SUPPRESSED AND
SOMETIMES THE DISCIPLINE IS
OVERTURNED EVEN IF IT WAS A
MISTAKE AND I'M NON INTENTIONAL
VIOLATION OF THE ACT. THAT
DOESN'T APPLY THAT CONCEPT
DOESN'T APPLY- TO. IN OTHER
TYPES OF EMPLOYEES GENERALLY
SPEAKING. THE STATUE LIMITATIONS
THAT WE'VE TALKED ABOUT IT'S ONE
YEAR- AND HELP WELL WHILE I
AGREE MOST OF THESE
INVESTIGATIONS CAN AND SHOULD.
AND QUITE FRANKLY THE DEPARTMENT
HAS AN INCENTIVE TO COMPLETE IN
ONE YEAR THAT'S NOT ALWAYS THE
CASE AND THERE'S A VARIETY OF
DIFFERENT REASONS FOR AND THE
INABILITY TO DO THAT CAN BE CAN
LEAD TO SOME DRACONIAN RESULTS-
OTHER TYPES OF EMPLOYEES DO NOT
HAVE THE RIGHT TO NOTICE OF WHAT
THEY'RE GOING TO BE INTERROGATED
ABOUT- PRIOR TO THE
INVESTIGATION. AT LEAST NOT THE
EXTENT I BELIEVE UNDER AS THEY
AS OFFICERS TO UNDER POPE R. OR
FIREFIGHTERS TO UNDER FOLLOW ARE
- THERE'S NO RIGHT TO IN PRE
INTERROGATION DISCOVERY
GENERALLY SPEAKING FOR OTHER
TYPES OF EMPLOYEES LIKE TERROR.
THERE IS FOR OFFICERS THERE'S A
CASE- SANTA ANA POLICE OFFICERS
ASSOCIATION VERSUS CITY OF SANTA
ANA. I WHICH IS HELD AND NOT IF
AN OFFICER IS IN. A SUBJECT
OFFICER IS AND TARGETED TWICE.
SO SAY THE- THE INVESTIGATOR
NEEDS TO GO BACK TO THE OFFICER
ASKED SOME FOLLOW UP QUESTIONS.
OF THAT COURT AID THAT AND IT'S
BEEN INTERPRETED THIS WAY BUT AT
LEAST BY THE UNION LETTERS THAT
WE GET- THAT THE OFFICERS
ENTITLED TO EVERYTHING IN THE
INVESTIGATORS POSSESSION- OTHER
WHAT OTHER WITNESSES HAVE SAID.
TRANSCRIPTOME INTERVIEWS ALL THE
DOCUMENTS COLLECTED- ALL OF THAT
STUFF NEEDS TO BE PROVIDED TO
THE SUBJECT OFFICER IF THERE IS
GOING TO BE A SECOND INTERVIEW
OF THAT OFFICER. AND THAT IS IN
MANY WAYS NOT A SOUND
INVESTIGATORS- PROVIDING ALL
THAT INFORMATION BECAUSE SOME
OFFICERS WILL TAKE THAT
INFORMATION AND TAILOR THEIR
TESTIMONY ACCORDINGLY- I MENTION
THIS- THE LEVEL. AT WHICH AN
ADMINISTRATIVE APPEAL OF IS
PERMITTED FOR A AN EMPLOYEE IS
LOWER FOR POLICE OFFICERS AND
FOR FIREFIGHTERS THAN OTHER
TYPES OF PUBLIC EMPLOYEES THEY
CAN APPEAL WRITTEN REPRIMANDS
WHICH- IN MY VIEW IT SOMETIMES
IS A IS A DISINCENTIVE TO ISSUE
THAT LOWER LEVEL DISCIPLINE
BECAUSE- IT CAN TRIGGER AN
EXPENSIVE AND TIME CONSUMING
PROCESS- AND- THAT'S THE FIRST
PART OF THE PROGRESSIVE
DISCIPLINE PROCESS AND SO. I
DON'T THINK- DISINCENTIVE ISING
THAT IS NECESSARY GREAT PUBLIC
POLICY- AND THEN THERE ARE
PROVISIONS AS I MENTIONED IN THE
POLL ARE ABOUT- PEACE OFFICER
PERSONNEL FILES AND WANT TO GO
INTO THEM AND THE OFFICERS RIGHT
TO. HAVE INFORMATION REMOVED
FROM THEM- THAT. IS AS A MATTER
OF STATE LAW NOT APPLICABLE TO
OTHER TYPES OF THEM PULLED
PUBLIC EMPLOYEES GENERALLY
SPEAKING- IT IS A MATTER OF
COLLECTIVE BARGAINING AND THERE
ARE AGENCIES THAT DO YOU. AGREE
TO PROVISIONS LIKE THAT BUT-
IT'S NOT PART OF A- ST APT IF
YOU WELL. SO WITH THAT I'D BE
HAPPY TO ANSWER ANY QUESTIONS
THAT THE COMMITTEE HAS AND-
THANK YOU FOR YOUR TIME AND
BITING ME TO PARTICIPATE MISTER
SHELDON THANK YOU VERY VERY
MUCH- WE APPRECIATE YOUR
TESTIMONY APPRECIATE THE
INFORMATION YOU BROUGHT OUT OF
THE FORCE AND REPRESENTING- THE
GROUP OF CHIEF THAT YOU
REPRESENT AND SO WITH THAT BEING
SAID WE WANT TO MOVE INTO THE Q.
AND A AND WE HOPE THAT ALL OF
OUR PRESENTERS ARE STILL WITH
US. SO THAT WE CAN- DIRECTLY OR
INDIRECTLY ASK QUESTIONS I HAVE
SOME QUESTIONS AND GUERRA FEELS
LIKE ANSWERING THESE QUESTIONS
FEEL FREE TO JUMP IN SO THAT WE
CAN RECOGNIZE YOU AND WE CAN
BEGIN SO WITH THAT BEING SAID- I
JUST ASKED MY COLLEAGUES TO-
WE'LL I'LL GIVE YOU A FEW
MOMENTS- RIGHT AFTER I AS HIS
FIRST QUESTIONS TO CHIME IN. AND
WILL RECOGNIZE YOU AND YOU CAN
PROCEED WITH YOUR QUESTIONS
WHOMEVER YOU WANT TO OR JUST A
GENERAL QUESTION FOR WHOEVER
WANTS AND FEEL- CAPABLE OF
ANSWERING THAT QUESTION SO WITH
THAT BEING SAID- TO WHAT EXTENT
DO DEPARTMENTS VALUE COMMUNITY
INPUT IN THE INTERNAL
INVESTIGATION PROCESS AGAIN WELL
I'M TO WHAT EXTENT DO
DEPARTMENTS VALUE COMMUNITY
INPUT. INTO INTERNAL
INVESTIGATIONS- PROCESS SO WE'RE
WHAT LIKE TO TAKE THAT QUESTION-
FEEL FREE TO DO THAT LET ME GO
TO IS THEIR CHIEF WITH US CHIEF
YEAH SURE YEAH I CAN I CAN NOT
ANSWER THAT SPECIFICALLY YOU
KNOW I'VE WORKED IN TWO
DIFFERENT AGENCIES- I CAN TELL
YOU IT DEPENDS ON THE LEVEL OF
MANAGEMENT- CHIEF SINCE YOU'RE
ALWAYS VALUE COMMUNITY INPUT OF
LIGHT OFFICERS NOT SO MUCH- BUT
I BELIEVE THAT- YOU KNOW I AS
THE CHIEF OF POLICE A
PARTICULARLY HERE IN LOS
ANGELES- VALUE COMMUNITY INPUT
AND- AS I LISTEN TO- THE
ATTORNEY AT THE CIVIL LITIGATION
ATTORNEY TALK. ABOUT VARIOUS
WAYS TO RECEIVE COMPLAIN IT'S AN
- WE UNDERSTAND THAT. CLEARLY
WERE PEOPLE ARE TO. BRING COME
TO- KNOW TO THAT VERY PEOPLE
THAT ARE SUPPOSED INVESTIGATE
AND WE UNDERSTAND THAT THE
TREPIDATION- IN SEOUL YOU KNOW
THERE ARE A NUMBER OF WAYS TO
RAISE. ALLEGATIONS OF
MISCONDUCT- THROUGH THE INTERNET
THROUGH THIRD PARTY THROUGH- THE
INSPECTOR GENERAL TO- THE
DISTRICT ATTORNEY ANOTHER OTHER
VEHICLES- I THINK COMMUNITY
INPUT IS REALLY REALLY IMPORTANT
AS PARTICULARLY AS WE MOVE
FORWARD INTO THE FUTURE. WHERE
PEOPLE UNDERSTAND- THAT WE ARE
WILLING TO LISTEN- AND- BE
OBJECTIVE ABOUT THEIR CONCERNS
AND I CAN TELL YOU CARRYING- A
YOUNG MAN WHO'S GROWN UP HERE IN
THE INNER CITY. ALL MY LIFE- AND
WALKED ON BOTH SIDES OF THE
AISLE THERE THAT- OFTEN IT'S
FELT THAT WE AS LAW ENFORCEMENT
DO NOT. TAKE THESE ALLEGATIONS
SERIOUSLY- AND- SO I WANT TO
MAKE SURE THAT. MOVING FORWARD
IN THE FUTURE THAT YOU KNOW OF
POLICIES BEING ENACTED WHERE
PEOPLE ARE ALLOWED TO VOICE
THEIR OPINION SO WE HAVE THE
COMMISSION ON- CIVILIAN
OVERSIGHT COMMISSION HERE IN LOS
ANGELES AND I THINK THAT'S AN-
IMPORTANT TOOL HERE. TO ALLOW
COMMUNITY MEMBERS TO COME VOICE
THEIR CONCERNS. THANK YOU VERY
MUCH. MR CHAIRMAN. YES IF I MAY
THIS IS ATTORNEY HARRIS I LOVE
WHAT THE CHIEF JUSTICE SAID AND
HE'S AN EXAMPLE OF THE KIND OF
PUBLIC OFFICIAL. WHO GETS IT- IN
SACRAMENTO WHERE I LIVE AS I
MENTIONED BEFORE I COULD ADMIT
THIS NOW BECAUSE HE'S ABOUT TO
RETIRE AT THE END OF THE MONTH.
CHIEF HAN AND I COMMUNICATED ON
A REGULAR BASIS. YOU KNOW THERE
ARE MANY PEOPLE THOUGHT WE WERE
ADVERSARIES WE WERE BOTH. DO THE
SAME THING BRING ABOUT JUSTICE
ON BEHALF OF SACRAMENTO SO I
WOULD. DIRECTLY WITH TEXT LATE
AT NIGHT OR ON THE WEEKENDS.
IT'S THE WILL OF THE CHIEF THE
CHIEF IS THE ONE WHO SETS THE
TONE THIS CHIEF WHO JUST SPOKE
IS A PERFECT EXAMPLE OF THAT. SO
I WOULD COMMEND HIM FOR THAT I
WOULD SAY THAT YOU CAN HAVE AS
MANY INSPECTOR GENERAL'S IN MANY
PROCESSES ISSUE WHAT. HAPPENS UP
THE FOOD CHAIN CHEAPER. YOU'RE
NOT GONNA SEE CHANGES TO THIS
PROCESS. ONE OF THE THINGS THAT
I WANT TO BRING UP- AND WHOEVER
WANTS TO CHIME IN IS THAT I
DON'T THINK PEOPLE HAVE A
PROBLEM WITH MAKING COMPLAINTS.
TO LAW ENFORCEMENT I THINK
THERE'S A FACTORTHAT ARE IN
FACT INTIMIDATED TO NOT TO MAKE
A COMPLAINT BUT AS THOSE WHO
ACTUALLY STEP UP TO THE PLATE IN
MAKE IN LOGIC COMPLAINT. AND
HEAR NOTHING HERE NO FOLLOW
THROUGH THAT'S WHERE I THINK
THAT WE GET THE MISTRUST THE
SWEEPING OF THE ROCK. AND PEOPLE
FAILED THAT OTHER COMPLAINT GOES
ON ANSWER- AND I THINK THAT
THERE NEEDS TO BE A PROCESS IN
WHICH THERE'S A FOLLOW UP THERE
IS- I LEASE A CALL BACK OR
CONCLUSION AS RELATES TO ONCE
COMPLAINTS OLD PEOPLE DOESN'T
FEEL THAT ASPHALT IS FALLING ON
DEAF EARS SO IF ANYONE WANTS TO
CHIME IN ON THAT AND I HAVE
ANOTHER FOLLOW UP QUESTION. AND
THEN I'LL HAVE MY COLLEAGUES
WOULD IS DO BOUNCING BACK AND
FORTH. SO MISTER CHAIRMAN YES ON
YOUR ON YOUR LAST COMMENT.
THAT'S PROVIDED FOR IN THE LAW
AS WE SPEAK IN. AND EIGHT THIRTY
TO AT SENATE STATUTE THERE IS
INFORMATION THAT'S REQUIRED TO
BE RETURNED TO THE COMPLAINT I
WANT TO ASSURE THE COMMITTEE ON
BEHALF OF MY CLIENTS THEY'RE
VERY MINDFUL AND CONCERNED ABOUT
MAINTAINING PUBLIC CONFIDENCE IN
DOING THINGS THE RIGHT WAY. AND
BEING A PART OF THIS PROCESS AS
A STAKEHOLDER I ALSO WANT TO
MAKE CLEAR A COUPLE OTHER THINGS
IN TERMS OF CITIZENS COMING
FORWARD AND MAKING COMPLAINTS
THERE IS I MULTIPLICITY OF
AVENUES FOR THEM TO DO THAT
RIGHT HERE IN SACRAMENTO WHERE.
I AM I. OUR PRIMARY OFFICE IS
THERE IS I OUTSIDE CIVILIAN
INVESTIGATION. BUREAU THAT
REVIEWS EVERY INTERNAL AFFAIRS
CASE PARTICIPATES IN THAT
PROCESS ISSUES A REPORT. AT THE
END OF THE YEAR AND THEY HAVE
THEIR OWN COMPLAINT PROCEDURES
FOR RECEIVING COMPLAINTS. THE
CITY CAN RECEIVE COMPLAINTS AND
THEY HAVE HOT LINES TO DO THAT
OUTSIDE OF THE POLICE DEPARTMENT
THE POLICE DEPARTMENT CAN
RECEIVE COMPLAINTS. AND THEY CAN
BE CRIMINAL COMPLAINTS THAT THEN
ALSO GET REFERRED OVER TO
INTERNAL AFFAIRS DEPENDING ON
THE NATURE OF THE COMPLAINTS
INTERNAL AFFAIRS. HAS ITS OWN
WEBSITE AND TELEPHONE NUMBERS
FOR RECEIVING COMPLAINTS THE
DISTRICT ATTORNEY'S OFFICE CAN
RECEIVE COMPLAINTS IN ORDER FOR
THEM DR JOURNAL AFFAIRS. YOU
HAVE ALSO THE LAWSUITS THAT WERE
MENTIONED BY ONE OF THE
PANELISTS BUT FILING A CIVIL
LAWSUIT IS NOT THE PRIMARY
TRIGGER FOR INITIATING AN
INTERNAL AFFAIRS COMPLAINT. IF
THESE OTHER PROCESSES AND IT'S
NOT SOMETHING COMPLICATED
THERE'S NO LAWYER THAT'S NEEDED
THERE'S NO COMPLAINT THAT HAS TO
BE DRAFTED IT CAN BE AS SIMPLE
AS THAT AS SHORT. IN COMMON
VERNACULAR EMAIL OR A TELEPHONE
CALL AND I THINK IT'S ALSO
IMPORTANT. WHEN WE'RE TALKING
ABOUT POTENTIALLY CHANGING LONG
STANDING AND TRADITIONAL RIGHTS
THAT PEOPLE HAVE TO DO PROCESS
AND FAIRNESS IN THE PROCESS AND
THAT'S WHAT THIS IS REALLY ABOUT
THIS ISN'T ABOUT HELPING.
SOMEBODY GET AWAY WITH SOMETHING
IF THE AGENCIES FOLLOW THE RULES
ARE BASIC THINGS SUCH THAT YOU
YOU HAVE AN OPPORTUNITY TO HAVE
A REPRESENTATIVE RECORD YOUR
INTERVIEW AND THAT YOU HAVE DUE
PROCESS. THEN THERE IS NO
VIOLATION AND WE'VE MADE
MEANINGFUL REFORMS I WANT TO
POINT YOU TO S. B. TWO S. B. TWO
CREATES ANOTHER PATHWAY FOR
CITIZENS TO FILE A COMPLAINT AND
ANOTHER LAYER PUTS YOU. THROUGH
POST INTRUSIVE BILLION ADVISORY
PANELS THAT ONCE THEY RECEIVE
THE COMPLAINT THEY MONITOR THE
INTERNAL AFFAIRS COMPLAINT THEY
HAVE ACCESS TO THAT AND THEY
EVEN HAVE THE ABILITY TO
CONDUCT. THEIR OWN INVESTIGATION. SO ARE YOU NO I WOULD-
RESPECTFUL JUST. THAT IN TERMS
OF THERE BEING AN INABILITY FOR
CITIZENS TO MAKE A COMPLAINT I
YOU KNOW I'M MINDFUL OF PEOPLE
ARE HESITANT TO COME FORWARD BUT
ALSO POINT OUT THAT THERE'S NO
PENALTY FOR SOMEONE MAKING A
FALSE COMPLAINT AGAINST A PEACE
OFFICER IN THIS STATE IN OTHER
STATES THEY HAVE TO ATTEST UNDER
PENALTY OF PERJURY AND THERE'S
POTENTIALLY CRIMINAL OR CIVIL
LIABILITY THAT IT CATCHES FOR
MAKING A FALSE COMPLAINT. WE
CAN'T WENT IT'S JUST ASSUMING
THAT EVERY COMPLAINT IS TRUTHFUL
OR EVEN IF SOMEBODY SINCERELY
BELIEVE SOMETHING THAT ACTUALLY
IS MISCONDUCT. CAN L. CAN I
CHIME IN ON A LITTLE BIT. AND
DAVE THANK YOU FOR THAT WANT ONE
THING I THINK THAT'S- REALLY
MISSING HERE IS THE FACT THAT.
IN VERY SMALL COMPLAINTS- YOU
KNOW CITIZENS REALLY JUST WANT
SOMEONE TO- TO LISTEN TO THEM
THEY WANT THE FEEDBACK FROM
FEEDBACK THAT WE DO GIVE FOLKS.
IN THOSE- DOCUMENTS IS VERY
VERY- SANITIZED AND VERY IT
MINISTRY TO- DOESN'T REALLY SAY
A LOT IT JUST SAYS THAT. YOU
KNOW THE MISCONDUCT WAS SPOT ON
FOUNDER FOUNDED IN THE
APPROPRIATE MINISTRY THE ACTION
WILL TAKE PLACE. WHAT PEOPLE
REALLY WANT IN THE COMMUNITY YOU
KNOW- YES YOU KNOW USE YOUR
CURFEW SET MY GRANDMOTHER ON THE
CURB YOU KNOW- AND WE DON'T
REALLY APPRECIATE THAT- AND WE
WANT YOU KNOW WHAT THE OFFICERS
OF THE DEPUTIES FIRED FOR THESE
KINDS OF THINGS- OR WE SIMPLY
JUST WANT THAT TO STOP AND- AND
FOR YOU GUYS TO RECOGNIZE THIS
IS INAPPROPRIATE BEHAVIOR FOR.
POLICING OUR COMMUNITY AND SO
THERE REALLY HAS TO BE SOME
FOLLOW UP DIALOGUE NOT ONLY WITH
THE CHIEF WILL LEAD THAT BY
EXAMPLE BUT ALSO WITH ALL THE
SUBORDINATE SUPERVISORS THAT HE
OR SHE SELECTS TO BE. YOUR LOCAL
STATION COMMAND FOLKS YOU HAVE
TO BE IN PRICING OF THE
COMMUNITY AND THERE'S THESE
COMMUNITY BREAKDOWNS
COMMUNICATION BREAKDOWNS THAT.
REALLY WORKS WITH LAW
ENFORCEMENT PERSONNEL TEND TO BE
VERY VERY DEFENSIVE OF THEIR
OFFICERS AND THEIR DEPUTIES.
WHEN REALLY THERE SHOULD BE MORE
DIALOGUE AND COMMUNICATION-
WHERE PEOPLE ARE YOU KNOW GIVEN. THE CHANCE TO BE HEARD OUT.
WE'RE GOING TO- MEMBER IF I COME
LAST UP ON. REAL QUICK- TWO TWO.
CHIEF RAMBO'S POINT ANTENNAS
STAGG POINT THEY THERE ARE
ALREADY. IN THE LOT PROVIDE A
RESPONSE TO THE CAN- I WILL SAY
WE THE DEPARTMENT CAN REPORT
BACK TO THE COMPLAINANT IS
LIMITED- BECAUSE OF THE PICTURE
STATUTES- THERE'S ONLY SO MUCH
THAT CAN BE SAID BECAUSE-
OFFICER RECORDS DO YOU. HAVE A
CONFIDENTIALITY ATTACHED TO THEM
BECAUSE OF THOSE STATUTES AND
SO. TO THE TO THE CHIEFS POINT
IT IS A RATHER SANITIZED VERSION
WHICH CAN I THINK BEYOND
SATISFYING IN SOME. TO SOME
PEOPLE. A GREAT WAY TO GO TO- MR
LACKEY. YEAH I THINK IT'S
IMPORTANT JUST. TO ONE ISSUE
THAT'S NOT GETTING ANY
DISCUSSION OF A DISCOVERY PLEASE
MENTION. OF AYE MR IS NEGATIVE
IT. AS FALSE COMPLAINTS YOU
GOTTA REMEMBER AS- AS A MEMBER
OF LAW ENFORCEMENT- COMPLAINTS
ARE SERIOUS THING WITH MY
SERIOUS AND THEY ARE DOCUMENTED
AND THERE IS A REQUIREMENT TO
NOTIFY. BUT I CAN'T SPEAK TO ALL
AGENCIES AND I THINK IT IS. A
VERY DELICATE TOPIC BUT THERE IS
SUCH A THING AS- A FALSE
COMPLAINT. AND THERE ARE A
SIGNIFICANT AMOUNT OF PEOPLE.
WHO WANNA USE THE COMPLAINT
PROCESS AS RETRIBUTION OR AS- A
TOOL TO PUNISH AN OFFICER
UNFAIRLY BECAUSE THEY FELT LIKE
OF CIRCUMSTANCES THAT BROUGHT
THEM IN TO CUSTODY. WERE A
DISTURBING. AND I THINK THAT
THERE. THERE IS THE REALITY THAT
NEEDS TO AT LEAST BE CONSIDERED
THAT- YOU DO HAVE. A LARGE
NUMBER OF PEOPLE WHO. THEY
ALREADY HAVE MEANT AN ANIMUS BUT
A BAD FEELING TOWARDS LAW
ENFORCEMENT AND THEY ARE GOING
TO USE THIS- PROCEDURE. IN AN
APPROPRIATE WAY AND WE NEED TO
RECOGNIZE THAT THAT IS A FACT
IT'S NOT A PREVAILING FACT BUT
IT IS A FACT THAT- DESERVES. AT
LEAST CONSIDERATION. THANK YOU
VERY MUCH I. THE FEMALE VOICE SO
MARIO IS THAT YOUR VOICE IF YOU
WANT TO CHIME IN. THAT WAS I WAS
MAKE TWO QUICK POINTS TO PICK UP
ON THAT PRIOR SENATE COMMENTS SO
FIRST THIS IS ACTUALLY SOMETHING
THAT THE LEGISLATURE CAN DO
SOMETHING ABOUT SO. PARTLY IT
DOES FALL TO CHIEFS TO ENGAGE
BETTER WITH THEIR COMMUNITIES
ACT THERE'S LOTS OF ROOM FOR THE
LEGISLATURE TO YOU DON'T REQUIRE
AGENCIES TO GIVE PEOPLE AN
OPPORTUNITY TO. CURE A COMPLETE
THAT YOU KNOW PEOPLE MAYBE
DIDN'T PROVIDE ENOUGH
INFORMATION AND SO THAT YOU CAN
SEE CAP FOLLOW UP AND YOU CAN
HAVE AN OBLIGATION TO GET BACK
IN TOUCH AND GIVE PEOPLEAN
OPPORTUNITY. TO CARE- AND OF
COURSE YOU CAN ALSO ACT WEEKS A
LOT THAT MAKES IT SO DIFFICULT
TO ACTUALLY GIVE PEOPLE ADEQUATE
INFORMATION ABOUT WHAT REALLY
HAPPENED WITH THEIR COMPLAINT I
GETTING THE SORT OF. SANITIZED
DESCRIPTION OF YOU KNOW IT WAS
UNFOUNDED AND WITHOUT ANY SORT
OF EXPLANATION OF WHY OR WHAT OR
WHAT HAPPENED AT REALLY DOES
UNDERMINE ANY SORT OF FAITH IN
THE DISCIPLINARY PROCESS OF THIS
DISTRICTS MUSIC CLEAR AREA WHERE
THERE'S. MORE THAT CAN BE DONE
LEGISLATIVELY. THANK YOU MUCH
WANT TO GO. MY COLLEAGUE MCCARTY
. I THANK YOU. MISTER CHAIR OF
THIS COMMITTEE AND I WASN'T HERE
AT THE OUTSET BUT I DID WANT TO
SAY FIRST OF ALL I LISTEN TO ALL
OF IT FROM THE BEGINNING ON MY
PHONE- BUT- I REALLY WANTED TO
YOU KNOW THANK YOU FOR CREATING
THIS A YEAR AND A HALF AGO.
WE'VE HAD YOU KNOW HALF A DOZEN
OR SO- HEARINGS. AND NOT JUST
TALKING ABOUT BRINGING ABOUT
REAL IDEAS AND SO I KNOW THAT
SOME OF THE BILLS THAT WE PASSED
WE TALKED ABOUT A YEAR AGO IN
THIS COMMITTEE I KNOW WE TALKED
ABOUT. THE S. B. TWO ISSUE OF
DECERTIFYING OFFICERS THAT CROSS
THE LINE SO YOU KNOW WE HAVE
DONE A LOT IN CALIFORNIA AT
HALFORD DOZEN OR SO BILLS I
KNOW. YOU'RE A LANDMARK BILL ON
THE CHOKE HOLD THE BILL WE WERE
TELLING DR WHATEVER ON USE OF
FORCE THAT YOU KNOW MY BILLS ON
INDEPENDENT INSTIGATION SHERIFF
OVERSIGHT- MISTER- HOLDEN'S BILL
ON DUTY TO INTERVENE. AND BUT
THE RECORDS BILLS THAT SKINNER
HAS DONE TWICE THOSE ARE SOME
RIP VERY SIGNIFICANT IN BRINGING
ABOUT. FAIR POLICING TO BOTH LAW
ENFORCEMENT AND OUR COMMUNITY SO
WE HAVE TO A LOT- SOME OF THE
ISSUES AND THESE BILLS. OVER
ARCHING HABIT THE ISSUE OF THE
PEACE OFFICER BILL OF RIGHTS
BETTER KHOBAR- AND I THINK THAT
THE TWO OF THOSE ISSUES THAT WE
TALK ABOUT POPE ARE YEARS AGO.
ON THE ISSUES THAT WE TALKED
ABOUT THE WEEK OF THE WEEK THIS
IS WORK- HOLDING OFFICERS
ACCOUNTABLE WHO BOUNCE AROUND.
INVESTIGATIONS TRANSPARENCY
WITH- WITH WITH WITH DISCIPLINE
RECORDS- SO THOSE YOU KNOW HOW
HAVE BEEN ADDRESSED AND I THINK
I REALLY APPRECIATED WHAT- CHIEF
ARAMBULA- TALKED ABOUT IN IN. EX
TO GET IT TO HIS LESSON. THAT-
WHEN THIS FIRST PUT INTO LAW IN
CALIFORNIA. NOT ONLY WAS IT
SIGNED BY BY GOVERNOR BROWN BUT
IT WAS. ENDORSED BY THE ACLU.
AND SO AND IN OPPOSED BY BY THE
CHIEFS AND SO. MINDFUL THAT SO I
HAVEN'T SEEN ANYBODY PROPOSED.
IN WRITING THE BILL TO END
PROBAR- MAYBE SOMEBODY WILL I
DON'T I HAVEN'T HEARD THAT BUT-
DOESN'T MEAN WE SHOULD MANDATE.
RIGHT MAYBE THERE' CERTAIN
THINGS THAT WE NEED TO DO IT
LIKE EVERY OTHER THING SEACOR
EVERY OTHER MAJOR DOCKING WE
HAVE HERE IS A LIVING BREATHING
THING. TIMES HAVE CHANGED IT'S
BEEN UTILIZED DIFFERENTLY- BYE
BYE WHETHER THEY'RE- INDIVIDUAL-
JURISDICTION THROUGH THEIR
CONTRACTS IN THEIR- THAT MIGHT
USE WITH THEIR LOCAL LAW
ENFORCEMENT AGENCY- I DO
UNDERSTAND THAT- I'D I'D I KNOW
WE DON'T HAVE. AS FAR AS ONE OF
OUR PANELISTS HERE. THE ACLU-
DID MENTIONED EARLY ON- SO I
HAVE TWO ISSUES I WANT TO TALK
ABOUT MISTER- ONE IS THE STATUE
LIMITATIONS ISSUE. AND ONE IS
HOW THIS RELATES TO ALL OTHER
EMPLOYEES WHICH WAS WHICH WAS
SUGGESTED. SO FIRST- I WE'VE
HEARD DIFFERENT OPINIONS ON THE
ISSUE OF THE STATUTE OF
LIMITATIONS- THE SPEAKER
REPRESENTING THE- LEIBER AT LAW
FIRM WHO WORKS WITH AGENCIES-
TALKED ABOUT- THE FLAWS IN IN IN
THE- EXEMPTIONS FOR POTENTIAL
TOLLING WHERE THERE ARE SOME
WILL SLIP THROUGH THE CRACKS IN
THERE WON'T BE AN OPPORTUNITY.
TO HOLD. INDIVIDUALS ACCOUNTABLE
FOR WRONGDOING- YEP OF COURSE
THAT THE IT THE ATTORNEY FOR-
OUR LOCAL PEACE OFFICE HERE IN
SACRAMENTO AND I BELIEVE CORRECT
CALIFORNIA- MISTER MISS STAGNATE
TALKED ABOUT HOW HE THINKS THAT
IT'S SUFFICIENT I GUESS MY FIRST
QUESTION IS FOR MR MISDIAGNOSIS-
THE QUESTION IS WHAT WOULD BE
THE FLAW HER EITHER YOU KNOW
WHAT WHAT WOULD BE THE HARM. IF
THE STATUE LIMITATIONS WAS
CHANGED FROM A YEAR TO TWO YEARS
OR THREE YEARS. OR ANY CHANGE AT
ALL WHAT WHAT WHAT'S THE
POTENTIAL PUBLIC POLICY HARM IN
YOUR EYES. I THINK THAT IT. THE
CURRENT LAW STRIKES THE RIGHT
BALANCE AND- MISTER CARTY I
DON'T KNOW IF YOU SAW MY
PRESENTATION I DID IMPAIRING THE
STATUTES BUT IT RUNS FROM WHEN
SOMEBODY MAKES A COMPLAINT NOT%
FROM WHEN THE CONDUCT OCCURRED
SO IN PRACTICE IT'S NOT ONE YEAR
FROM WHEN THE INCIDENT OCCURRED
IT'S ONE YEAR FROM WHEN THE
AGENCY WAS MADE AWARE OF THE
MISCONDUCT AND FRANKLY I THINK
IF YOU'RE TALKING ABOUT SERIOUS
MISCONDUCT AND AN AGENCY WANTS
TO TAKE MORE THAN ONE YEAR. TO
DETERMINE WHETHER OR NOT THAT
OFFICERS FIT IT'S OUTRAGEOUS AND
IT'S IN THE PUBLIC INTEREST THAT
THAT INVESTIGATION IS TIMELY
COMPLETED AND IN MY EXPERIENCE
IT'S NOT BANNED THE SERIOUS
ALLEGATIONS OF MISCONDUCT IT'S
BEEN THE REALLY MINOR STUFF
WHERE AGENCIES BLOW IT OFF
BECAUSE THEY WHATEVER THEY'RE
TRIAGING OF THEY DON'T THINK
IT'S IMPORTANT IT'S LIKE MISSING
QUARTER SOMETHING LIKE THAT
THAT'S NOT GOING TO BE CAREER
THREATENING BUT JUST FROM A GOOD
EMPLOYER STANDPOINT IF YOU'VE
GOT AN EMPLOYEE. THAT'S
PERFORMING AT A DEFICIENT LEVELS
. THIS IS JUST BASIC IS YOU NEED
TO PUT THAT EMPLOYEE ON NOTICE
WHETHER IT'S MCDONALD'S WHETHER
IT'S A POLICE DEPARTMENT THAT.
THEY'RE NOT MEETING STANDARDS
AND THAT YOU NEED TO GET UP TO
STANDARDS AND GO THROUGH
PROGRESSIVE DISCIPLINE IT DOES
NOBODY ANY GOOD TO JUST LET
THINGS LINGER FOR A BEYOND A
YEAR. AND I CAN'T THINK OF ANY
CIRCUMSTANCE WHERE AN AGENCY
WOULDN'T BE ABLETO DO IT I'VE
NEVER SEEN IN MY TWENTY TWO
YEARS OF PRACTICE. A SERIOUS
ALLEGATION AND LIKE A USE OF
FORCE OR A SEXUAL ASSAULT OR
ANYTHING THAT'S COVERED BY S. B.
TWO WERE THE DISCLOSURE
STATUTES. GO BEYOND A YEAR IT'S
BEEN MINOR STUFF SO YOUR
ARGUMENT THAT. BY THE HARD
YOU'RE SAYING IF IT WENT TO TWO
YEARS. OR GREATER IT WOULD BE
YEAH THE CLOUD OVER. THE STATE
THE OFFICERS HEAD WHO'S ACCUSED
ACCUSED OF THIS BILL WILL I'M
TRYING TO SAY I. HAD A KLAY IT
HASN'T HAPPENED BUT WHAT. WHAT'S
THE DOWNSIDE IN YOUR PERSPECTIVE
FOR PEOPLE LAW ENFORCEMENT IF IT
WAS EXTENDED. SO FROM THAT FROM
NOW I WAS TALKING FROM THE
PUBLIC'S PERSPECTIVE THANK YOU
FOR THAT FROM THE OFFICER'S
PERSPECTIVE IT DOES HANG OVER
YOUR CLOUT. AT CLOUD HANGING
OVER THEIR HEADS AND NIGHT THAT
OFFICER HERE SHE IS TYPICALLY
NOT ELIGIBLE TO GET ANY KIND OF
SPECIALTY ASSIGNMENT NOT
ELIGIBLE- TO PROMOTE OR
ADVANCEMENT AND IT CAN'T BE
FRANKLY USED AND I'M- EXCLUDING
CHIEF RAMBO HERE. OF COURSE BUT
THERE ARE SOME BAD SHE'S IN
THERE ARE SOME BAD MANAGERS THAT
WILL MISUSE THE ABILITY TO DO
THESE THINGS AND SO THEY KNOW
THAT DATE YOU KNOWS FOR INSTANCE
THAT AN ALLEGATION IS
UNWARRANTED. BUT HOLDEN OVER THE
OFFICER'S HEAD INDEFINITELY SO
THAT THEY'RE ESSENTIALLY
BLACKBALLED AND YOU MAYBE PUSH
THEM OUT OF THE AGENCY BECAUSE
THEIR CAREERS DAD THEY CAN'T GET
INTO A SPECIALTY ASSIGNMENT THAT
COULD LEAD TO A PROMOTION OR
SOMETHING LIKE THAT. I GAVE THE
EXAMPLE OF MY EXECUTOR WHO HAD A
GAG ORDER IN A CLOUD PUT
OVERSIGHT SIMPLY FOR FILING A
GRIEVANCE- ON BEHALF OF ASSEMBLY
MEMBER COOPER WHEN HE WAS A
POLICE CAPTAIN. AND SO I THINK
THERE'S AN INTEREST ON BOTH
SIDES IN HAVING THESE MATTERS
RESOLVED TIMELY AND THEY REALLY
. THERE I HAVEN'T SEEN ANYTHING
THAT WOULD MAKE AN AGENCY UNABLE
TO DO AN INVESTIGATION IF THE
COMPLAINANT DOESN'T WANT TO COME
FOR A WITNESS DOESN'T WANT TO
COME FORWARD. EIGHT THEY'RE NOT
GONNA COME FORWARD I MEAN NOBODY
CAN CONTROL THAT BUT WHAT THE
AGENCY CAN CONTROL IS THAT THEY
CAN CONTROL THE TIMING OF
REACHING OUT TO THOSE WITNESSES.
THEY CAN CONTROL THE TIMING OF
THE INTERROGATION OF THE OFFICER
WHO'S THEIR EMPLOYEES. AND ONE
THING THIS IS A LITTLE BIT OFF
TOPIC BUT I DO WANT TO MAKE SURE
THAT THE COMMITTEE UNDERSTANDS.
UNDER S. B. TWO IN THIS IS
SOMETHING KORAC ADVOCATED FOR
THE EMPLOYING AGENCY HAS TO
COMPLETE AN INVESTIGATION EVEN
IF AN OFFICER LEAVES AND GO
SOMEWHERE ELSE SO THAT THERE IS
A FINAL DETERMINATION. BOB AND
THAT NOT SURE IF IT'S TWO
THOUSAND TWENTY TWO OR TWO
THOUSAND TWENTY THREE ENOUGH TO
REFER TO THE STATUTE. BUT I IS
GOING TO BE COMING INTO EFFECT
IN THE FUTURE WE HAVE A SHARED
INTEREST FROM THE LABOR SIDE IN
WANTING TO HAVE. TIMELY
CONCLUSION OF THESE
INVESTIGATIONS AND IF AN
OFFICER. YOU KNOW ISN'T FIT FOR
DUTY AND FOR THE JOB THEN
APPROPRIATE ACTION BE TAKEN BUT
NOT HAVE IT LINGER FOREVER AND
THE PUBLIC DOESN'T WANT TO HAVE
BEEN. THERE FOREVER. IF YOU HAVE
SOMEBODY WHO'S NOT. DONE
SOMETHING JUST. THEM FROM
CONTINUED EMPLOYMENT BUT THEY'RE
DOING THINGS THAT A SUB STANDARD
WAY. THEN THEY SHOULD BE PUT ON
NOTICE AND THEY SHOULD BE
CORRECTED TIMELY I MEAN I USE
THE EXAMPLE OF. YOU KNOW
SOMEBODY WHO'S GOT FOR REPORT
WRITING WELL IF YOU WAIT OVER A
YEAR TO TELL THEM THAT THEY NEED
TO FIX IT OR TAKE REMEDIAL
MEASURES. THEY'RE JUST GOING TO
CONTINUE WRITING A YEAR'S WORTH
OF POOR REPORTS AND THAT DOESN'T
DO ANYBODY ANY GOOD. THANK YOU
FOR THAT FOR THAT ANSWER ON THAT
AND MISTER MCCARTY TO MR. HE YES
FOR YEARS AND THIS IS ONLY GOING
TO SCHEDULED. A TURN ATTORNEY
HARRIS HERE OF ASSEMBLY MEMBER
MCCARTY YOU KNOW MISTER MISS
STAGNATE FOR ALL OF HIS
BRILLIANCE IN HIS PRESENTATION.
REPRESENTING WHAT THE- WE TALKED
ABOUT THE PUBLIC THE COMMUNITY
IF YOU WILL. I REPRESENT A
DIFFERENT ASPECT OF THAT
COMMUNITY. I REPRESENT THE
PEOPLE LIKE THE MOTHER OF DEJAN
FLINTOFF WHO WAS GUNNED DOWN IN
SACRAMENTO. AND IT TOOK HER E.
MOION ONLY. MONTHS BEFORE SHE
COULD GET UP THE COURAGE TO EVEN
THINK ABOUT BRINGING A COMPLAINT
BOARD ON BEHALF OF HER DEAD SON
WHO WAS SHOT DEAD. AND LEFT IN
THE MIDDLE OF THE STREETS IN
SACRAMENTO. THIS IS IN A CLEAN
AND NEAT PROCESS FOR EVERYBODY.
IF WE TALK ABOUT. THE HOUSE
COULD BE UNITY YOU HAVE ALL
KINDS OF COMPLEXITIES YOU HAVE
TO WORK THROUGH IN TERMS OF THEM
BEING ABLE TO FILE A COMPLAINT.
IF YOU'RE TALKING ABOUT THOSE
WHO HAVE INTELLECTUAL
DISABILITIES. YOU'VE GOT TO WORK
THROUGH THE TIME PROCESS SO
WHILE I AYE AND SHARE YOUR
OPINION. THAT YOU DON'T WANT A
CLOUD HANGING OVER THE HEAD OF
THE OFFICER. BY THE SAME TOKEN.
ALL ASPECTS OF OUR COMMUNITY
SHOULD BE CONSIDERED RELATIVE TO
THE TYPES OF FOLKS WHO TEND TO
BE VICTIMIZED. IT TAKES SEVERAL
MONTHS FOR A NUMBER OF MEMBERS
OF OUR COMMUNITY. THE EVEN
UNDERSTAND THAT THEY HAVE
CERTAIN RIGHTS AND PRIVILEGES
THAT THEY CAN'T EVEN COMPLAIN
ABOUT THESE SORTS OF THINGS. AND
FINALLY I'LL SAY THIS. I ALWAYS
CHECK MY HEAD AND SCRATCH MY
BROWS. FURROW MY BROW OVER THE
THOUGHT THAT WE CAN IDENTIFY WHO
THE BAD ACTORS IN OUR COMMUNITY
ARE. YOU CAN GO IN ANY
NEIGHBORHOOD IN THE COMMUNITY IF
YOU WILL THROUGHOUT CALIFORNIA.
AND ASK THE FOLKS IN THE KNOW
WHO THE BAD COPS ARE IN TERMS OF
THEIR BEHAVIOR WHO HAS A PATTERN
AND PRACTICE. OF BEHAVIOR THAT
IS DISCRIMINATORY THAT IS
IMPRESSIVE THAT IS VIOLENT. AND
THEY CAN SHOW YOU RIGHT WHO THEY
ARE AND GIVE YOU CHAPTER AND
VERSE TIME AFTER TIME AFTER TIME
AGAIN SO. THIS ISN'T AS.
DIFFICULT AS ONE WOULD MAKE IT
OUT TO BE WHAT. DIFFICULT IS
BEING ABLE TO GET P. TO FEEL
CALM. TO FEEL SEEN. TO PROUD.
AND BRING IN THE ALLEN. FOR
THANK YOU RETURNS WE GO TO
MISTER CARTER TO FINISH. YEAH
THANK I WANTED. ASK AT. HERE AND
- CPAS. MR SCHELL NEXT ABOUT
THIS. AND SO. YEAH MISTER MISS
DOWNEY SAYS IN HIS RIGHT. HE
DOESN'T SEE ANY. A CASE THAT THE
STATUE LIMIT. WITHIN AN ISSUE.
HE SAYS- YOU IF THEY'RE AN IN.
THAT HAPPENED AT THE IT'S THAT
LOOKED ONE YOUR STATURE THE
START UNTIL THE INVESTIGATION
STARTS. I'M SURE THERE'S
PLAINTIFF ATTORNEYS OR THE AC
THAT CAN POINT TO OTHER EXAMPLES
WERE. THE CITY MAY HAVE. DRAGGED
THEIR FEET. ALLOW THE ONE YEAR
CLOCK TO TECH AND- AN OFFICER.
WHO YOU KNOW WAS ACCUSED OF
WRONGDOING OR DID DO SOMETHING
INAPPROPRIATE IN A COMMUNITY.
NEVER FACED ANY CONSEQUENCES SO.
MISTER SHELDON DID TALK ABOUT HE
WHAT HE VIEWS AS HIS. FEELINGS
ON SHORTCOMINGS OF THE OF THE
ONE YEAR. STATUE IMITATION SO
COULD WE HAVE MISTER SHELDON.
TALK A BIT MORE ON THIS ISSUE
AND YOUR RECOMMENDATIONS. SURE
THE CONCERN I GUESS I HAVE WOULD
BE WHEN DOES THE STATUE
LIMITATIONS START RUNNING IN THE
FIRST INSTANCE- IT'S AN EASY
CALL WHEN A WRITTEN COMPLAINT IS
SUBMITTED FROM- FROM CITIZEN-
AND- TO MR MISTIMED POINTLESS
THE P. O. B. R. STATURE
LIMITATIONS DOES NOT START
RUNNING SO THERE IS NO
IMPEDIMENT TO HOLDING THE
OFFICER ACCOUNTABLE. UNTIL THERE
IS SOME SORT OF NOTIFICATION TO
THE DEPARTMENT THE- HI ROB IF
YOU WILL IS THERE ARE SOME
CIRCUMSTANCES. WHERE THERE IS
INFORMATION THAT USUALLY HAPPENS
IN THE SCENARIO WHERE THE
INFORMATION COMES TO US A
SUPERVISOR OFFICER A SERGEANT.
WHO IT CAN END UP THE PAID
ROVERS THE CITY OF LOS ANGELES
CASE AGAIN I WOULD ENCOURAGE THE
COMMITTEE TO READ IT IT'S A
GOOD. TEACHING TOOL I THINK ON
THIS POINT. BUT THE INFORMATION
COMES INTO A SUPERVISOR WHO
NEEDS TO LOOK INTO SOME THINGS
TO DETERMINE WHETHER A
MISCONDUCT EVEN OCCURRED OR NOT-
WHETHER THIS IS A REAL COMPLAINT
OR NOT- AND THEN WHO THE OFFICER
MIGHT BE AND IN THE PAPER OKAY
USE. THE LAPD HAD TO DO SOME
DIGGING INTO TO JUST FIGURE OUT
HOW THE OFFICER WAS IN A
PARTICULAR PATROL CAR AND IT
TOOK HIM TEN OR ELEVEN DAYS TO
DO THAT. AND BECAUSE OF THAT THE
ULTIMATELY MISS THE STATUE
LIMITATIONS JUST BY A MATTER OF
A DAY OR TWO- AND THE COURT
ULTIMATELY HELD IS WHAT THE WHAT
THE COURT ULTIMATELY HOME THE
PEDRO CASE WAS. THE DEPARTMENT
WAS ON INQUIRY NOTICE. AND SO IT
SHOULD UPS. DOES THIS OF STATURE
WITH. WAS OR ELEVEN DAYS EARLIER
BECAUSE OF THE SERGEANT.
SHOULD'VE KNOWN THAT. HE NEEDED%
TO START LOOKING INTO WHO THE
INDIVIDUAL WAS AND HE WAS REALLY
THE INTERNAL AFFAIRS
INVESTIGATOR IF YOU WILL NOT.
WIN THE AND THE MATTER WAS
ULTIMATELY. ASSIGNED TO AN
INVESTIGATOR ONCE FIGURE
OUT WHO WOULD BE A THE OFFICER
INVOLVED IN THE POTENTIAL
MISCONDUCT WAS. AND SO I GUESS
MY MAIN CONCERN WOULD BE ON THAT
KIND OF. IS THE AREAS OF THE
WHAT I CALL PRE INVESTIGATION
BIASA- SUPERVISING- OFFICER
WHERE THEY LOOK INTO SOMETHING
THAT HAPPENED YOU KNOW THEY'RE
NOT SURE YET IF MISCONDUCT EVEN
OCCURRED OR IF IT DID WHO WHO
DID IT- WHO DID THE MISCONDUCT.
YEAH IF THAT STARTS TO **** A
MAGICIAN STARTS THE STATUE
LIMITATIONS THAT CAN HELP. THE
COMPANY IN A FAX AND WE DO
COUNCIL OR OUR CLIENTS- ERR ON
THE SIDE OF CAUTION IN THESE
AREAS. YOU KNOW WAS ONE OF THE
FIRST- INFORMATION COMING TO THE
AGENCY BUT SOMETIMES WE DON'T
KNOW ALL- IN WE DON'T KNOW THAT.
YOU KNOW A SERGEANT RECEIVED A
PHONE CALL AND DIDN'T. TELL
ANYBODY OR SOMETHING LIKE THAT
AND SO. I THINK. IT THERE'S TWO
WAYS OF. IT ONE IS ADDRESS THE
LENGTH TIME BUT ALSO GIVING AND
PERHAPS MORE CLARITY ON WHEN THE
STARTING OF THE STATUE
LIMITATIONS ACTUALLY. TAKES OFF
OKAY THANK YOU AND LASTLY.
MISTER CHAIR COMING GO TO
PROFESSOR. NUMBER RANKO. AND ASK
HER. TO QUESTIONS. WHAT ONE. DO
YOU THINK THERE ARE IMPEDIMENTS
IN CALIFORNIA IS- IMPLEMENTATION
OF THIS BECAUSE OF THE YEAR AND
WHAT WAS JUST NOTICE BUT WHEN IT
STARTS INTO- IS THERE. IS THERE-
BUT WHAT HAPPENS IN OTHER STATES
AS FAR AS THIS IS THIS AND- IS
THIS A NORMAL PRACTICE OR IN
OTHER STATES AS THE- STATUE
LIMITATIONS MUCH LONGER. THAT'S
A GREAT QUESTION SO I THINK ON
THE FIRST POINT THE CONCERN
REALLY IS AROUND THESE AND BIG
US AT NOTIFICATIONS AT SO. IT'S
WHEN THEY SEE ACT EITHER ISN'T
SURE YOU KNOW WHO THE OFFICER IS
A CASE IN CALIFORNIA THAT MADE
CLEAR THAT ONCE THEY'RE PUT ON
NOTICE THAT SOMETHING BAD
HAPPENED EVEN IF THEY DON'T KNOW
WHO'S- ON THE BALL BACK STARTS.
TO RUN AT AND SO I THINK
CLARIFYING THAT AMBIGUITY WOULD
PROBABLY GO. A LONG WAY ON THIS
FIRST AND SHE'S LIMITATIONS MEAN
HONESTLY THEY'VE VERY QUITE A
BIT. LIMITATIONS SOME AGENCIES
ACTUALLY NEGOTIATED AWAY EVEN
SHORTER ONES UNDER COLLECTIVE
BARGAINING AGREEMENTS OUT THERE
ARE SOME THAT ARE YOU KNOW
EGREGIOUSLY SHORT AB I THINK THE
CONVENTIONAL WISDOM IS SOMETHING
IN THAT TWO TO THREE YEAR RANGE
THAT WOULD GET YOU KNOW ADEQUATE
SPACE FOR AGENCIES TO COMPLETE
THOSE INVESTIGATIONS- IN THOSE
KIND OF CASES WHERE IT MIGHT
TAKE A LITTLE WHILE TO REALLY
FIGURE OUT. WHAT HAPPENED I JUST
WANNA MAKE IT REALLY DEPENDS ON
RANDY RIGHT SO WE WANT EACH OF
THESE TO DO THIS QUICKLY WE WANT
THE PUBLIC TO BE ANGRY WITH
THEIR LAW ENFORCEMENT AGENCIES
IF THEY'RE DRAGGING THEIR FEET.
AT THE QUESTION IS WHAT ARE THE
CONSEQUENCES WHEN AGENCY FAILS
THAT I INVESTIGATE SOMETHING
WITHIN A ONE YEAR LIMIT AND IF
THE CONSEQUENCES OF THE OFFICER
GETS OFF THE HOOK AT THAT'S WHEN
YOU START TO SEE A PROBLEM AND
THERE'S LOTS OF OTHER MECHANISMS
FOR ENSURING THAT AGENCIES. DO
THIS WHILE INCLUDING APPS CITY
COUNCIL OVERSIGHT NAY OR
OVERSIGHT AND OTHER MECHANISMS
FUNDING. AT TO SPEED THINGS
ALONG. YES JUST CONCLUDING
COMMENTS ON THIS- YOU KNOW I
DON'T WANT TO BE LOOKING AT
SOLUTION LOOKING FOR A PROBLEM
BUT- I DON'T THINK I DON'T THINK
I KNOW ENOUGH NOW THAT WE KNOW
ENOUGH I KNOW THAT. YET THAT.
YOU KNOW LAW ENFORCEMENT TOURNEY
THIS MISDIAGNOSIS AS NOT A
PROBLEM EVERYTHING'S GOODNESS
FRONT- BUT IF THERE ARE
INDIVIDUALS OFFICERS THAT THAT
SKATED ACCOUNTABILITY BECAUSE
THEY RAN OUT THE CLOCK THAT'S
WRONG. I THINK THAT'S WRONG FOR
EVERYBODY MAKES THE GOOD
OFFICERS LOOK BAD AND SO- YOU
KNOW I THINK THERE'S SOMETHING
WORTHY OF EXPLORATION. AND YOU
KNOW WITH THAT CERTAINLY
SOMETHING I'LL LOOK INTO- BUT
THANK YOU MISTER GETS THAT'S ALL
MY QUESTIONS THANK YOU A
PROFESSOR PALMER WRINKLE- I WANT
TO HAVE A FOLLOW UP QUESTION. OF
SINCE YOU'RE STILL HERE AND
APPRECIATE YOU GUYS STAYING WITH
US. WHEN YOU LOOK AT. I KNOW
THAT MISTER MISS STAGNATE TALKED
ABOUT. HIS PRESENTATION WAS THAT
WHICH WAS I OPENING HE TALKED
ABOUT THE IN OUR BE- NOT-
THERE'S NO IN OUR BE. PROCESS
FOR PUBLIC EMPLOYEES- IN THE
LOOK AT THE WHOLE BAR ITSELF-
AND THEN YOU ALSO LOOK AT THE
QUESTION OF MAYBE I'LL ASK THE
QUESTION SO IT LOOKS WHY DO YOU
DON'T THINK THAT WE THAT THE
POLICE AT THAT SCARES ME YEP.
PUBLIC EMPLOYEES HAVE SUCH AN IN
R. V. IN RB- PROCESS WITH AND
BECAUSE THESE ARE UNION THIS IS
I'M OF THE POLICE OFFICERS- PULL
BAR IS IT'S THE SAME THING-
GIVING EMPLOYEES RIGHTS JUST
LIKE ANY OTHER UNION A
COLLECTIVE BARGAINING AGREEMENT
RIGHT- ONE IS SET FOR PRIVATE
AND ONE IS THAT THE PUBLIC. BUT
WHEN YOU LOOK AT THE MAGNITUDE
OF POLICING AND THERE PIECE OFF
THE BILL OF RIGHTS- DO YOU THINK
THAT IN ARE BEING COULD BE US A
GOOD PLACE. FOR THEM TO END UP
DOES THAT MAKE SENSE. ARE YOU
FOLLOWING THE- I AM AT SO YOU
KNOW THIS GOES A LITTLE BIT
BEYOND MY EXPERTISE I'M NOT A
LABOR LAWYER I WRITE ABOUT
POLICING MINISTER GOVERNMENT
MORE BROADLY- YOU KNOW I
UNDERSTAND MR AT STAGNATE IT SAY
THAT YOU KNOW IN CALIFORNIA WE
ACTUALLY HAVE KIND OF AN
ANALOGOUS AT SIDE OF PUBLIC
SECTOR EMPLOYEE RIGHT- I THINK
THE QUESTION FOR THIS COMMITTEE
TO REALLY FOCUS ON IS ACT HOW
THE SORTS OF RIGHTS PLAY OUT IN
THE CONTEXT OF POLICING
PARTICULARLY THIS KIND OF
OVERLAP BETWEEN INVESTIGATIONS
AND SUPERVISION. RIGHT SO YOU
KNOW ONCE A COMPLAINT IS FILED
AND THERE'S A FORMAL
INVESTIGATION AGAINST AN OFFICER
A LOT OF THE RATES THAT KICK IN
WITH WILL BARTON MAKE A LOT. OF
SENSE. ONE OF THE CAN COMES IN
FOR THE GRAY AREA WHERE YOU KNOW
SUPERVISE. HERE IS THAT
SOMETHING JUST HAPPENED ON THE
SHIFT AND THEY- GO OUTSIDE YOUNG
TALK TO AN OFFICER AND THERE'S A
BIG YOU IDIOTS THAT YOU KNOW IS
THIS JUST SUPERVISION IS THE-
THING THAT REALLY FALLS UNDER.
POOL BAR AT AND YOU KNOW GIVEN
THE NATURE POLICING AND THAT.
ROLE IMPORTANT FOR ALL LOOKS. I
THINK ONE OF THE CONCERNS OVER
LIKE RIGHT AS THEY LEAD INTO
SUPERVISION. IS THAT. CORRECT
BARRIERS TO KIND OF SUPERVISION
AND ACCOUNTABILITY THAT MAY NOT
HAVE AS MUCH TRACTION IN. THE
CONTEXT OF YEAH. THE BUS DRIVER
YOUR OTHER PUBLIC SECTOR
EMPLOYEES AND SO THE IMPACT OF
RIGHTS MIGHT JUST BE DIFFERENT
PLEASE CONTACT. I WOULD LOVE TO
HEAR MORE ACTUALLY FROM THE
CHIEF MIGHT BE IN THE BEST
POSITION TO KIND OF SPEAK TO
THAT AND- THE DEGREE TO WHICH HE
SEES AS- AN APARTMENT. GREAT
BECAUSE- AGAIN WE'RE- LAW
ENFORCEMENT IS IN FACT HAVE
COLLECTIVE BARGAIN AGREEMENT YOU
YOUR RIGHTS. JUST LIKE- YOU KNOW
CALIFORNIA IS A- IS A LABOR IF
YOU WILL- A STATE- IT'S NOT A
RIGHT TO WORK STATE AND SO WE
BELIEVE IN A COLLECTIVE
BARGAINING AGREEMENT. AND SO- WE
HAVE THESE COLLECTIVE BARGAIN
AGREEMENTS TO PROTECT THE
EMPLOYEE- AND WITHOUT THAT WE
WOULD SEE WHAT WE'VE SEEN IN
OTHER STATES AS RELATES TO- WHAT
WE BELIEVE UNJUST TERMINATIONS
AND THINGS OF THAT NATURE
BECAUSE- THERE. ISN'T SUCH IN
PLACE. I WANT TO ASK. MR
STAGNANT QUESTION IN YOUR
PRESENTATION SIR YOU TALKED
ABOUT SERIOUS MISCONDUCT. CAN
YOU GIVE US EXAMPLES OF WHAT-
SERIOUS MISCONDUCT. WOULD- KICK
INTO PLACE- UNDER A PEACE
OFFICER'S BILL OF RIGHTS. GIVE
US SITUATIONS THAT THIS WOULD
AUTOMATICALLY. BE IMPLEMENTED.
SO IF UNDERSTAND QUESTION
QUESTION. IT IT IN THE CONTEXT
OF LIKE THE TOLLING AGREEMENT
FOR EXAMPLE. WHATEVER
ALLEGATIONS MISCONDUCT IS GOING
TO BE SUBJECT TO THESE BASIC
PROCEDURAL RIGHTS ABOUT NOTICE
AND HAVING AN ATTORNEY THERE IF
THERE'S A LIGHT SO YOU'RE
TALKING ABOUT SERIOUS MISCONDUCT
LIKE I USE THAT FOR SIR USED TO
DEADLY FORCE THERE'S GONNA BE A
CRIMINAL INVESTIGATION. THAT IS
GONNA TAKE PRIMARY OVER THE
ADMINISTRATIVE INVESTIGATION
NONE OF THE POPE OUR RIGHTS ARE
GOING TO BE A PLAY ON THE
CRIMINAL INVESTIGATION AND ALL
OF THE TIME ON DAY ONE STATUTE
OF LIMITATIONS IS GONNA PULL
WHILE THAT'S GOING ON. SO THE
DISTINCTION THAT I'M TRYING TO
MAKE IS THAT ON SOMETHING
SERIOUS IT'S GONNA GET
INVESTIGATED RIGHT AWAY. THE ONE
INSTANCE I CAN RECALL OF THERE
EVER BEING A VIOLATION OF THE
ONE YEAR TIME LIMITATION IT WAS
SIMILAR TO WHAT MISTER SHELDON
WAS DESCRIBING IT WAS A
SITUATION WHERE I OFFICER WAS IN
AN ACCIDENT REPORTED TO HIS
SUPERVISOR WHO REPORTED TO THE
TRAFFIC SAFETY COMMITTEE. TO
LOOK INTO IT FOR ABOUT A MONTH
AND THEN THEY WERE REFERRED OVER
TO INTERNAL AFFAIRS. AND THE
DEPARTMENT SAID OKAY YOU'RE FROM
INTERNAL AFFAIRS AND THEY WERE
GLUED TO TIME BY A MONTH. IT'S
NOT SOMETHING THAT SERIOUS
MISCONDUCT IN THE SENSE THAT AN
OFFICER IS GOING TO GET FIRED
WHAT THERE'S ALLEGATIONS OF
CRIMINAL CONDUCT ON DUTY. IT'S
NOT SOMETHING WHERE I WOULD ASK
I MEAN IT'S ALL OF THESE IS WHY
WAIT TILL THE LAST DAY ON A YEAR
IF THERE'S AN OFFICER THAT HAS
AN ISSUE WITH THEIR DRIVING YOU
SHOULD REMEDY IT IMMEDIATELY OR
AT LEAST IN A TIMELY FASHION AND
I MEAN THAT'S REALLY THE
QUESTION. AND IF YOU'RE WAITING
FOR THE LAST DAY OF THE YEAR AND
YOU'RE ONLY DOING IT ON THE LAST
DAY OF THE YEAR FROM WHEN YOU
RECEIVE THE COMPLAINT BECAUSE OF
THIS STATUTE WHAT HAPPENS IF YOU
TAKE THAT STATUE AWAY. THEN
THEY'LL JUST GET AROUND TO IT
WHENEVER THEY GET AROUND TO IT
MAYBE IT'S TWO YEARS LATER MAYBE
THREE YEARS LATER AND WHAT GOOD
DOES IT DO TO DISCIPLINE
SOMEBODY FOR GETTING IN A
CHARGEABLE- ACCIDENT ON DUTY
THREE YEARS AFTER IT HAPPENS.
WHAT I MEAN MY SANITY OFTEN GET
RETRAINED IN A IN A PROMPT IN A
TIMELY MANNER AND SO THAT'S THE
MAIN DISTINCTION THAT THAT I'M
TALKING. ABOUT ON TERMS OF WHAT
HOW I WOULD DEFINE A SERIES.
MISCONDUCT I THINK THEY- THE- IS
DONE A JOB THAT. THROUGH THE HAD
THE PENAL CODE HAS BEEN AMENDED
NOW WITH SB SIXTEEN AND THERE'S
A DEFINITION OF WHAT ARE
SERIOUS- I'M MISCONDUCT SB TWO
ALSO. HAS A LITTLE BIT LESS
REFINED BUT PRETTY SIMILAR TYPE
DEFINITIONS. I MEAN WHEN YOU
WHEN YOU THINK ABOUT AN OFFICER
THERE'S THINGS THAT ARE YOU KNOW
POTENTIALLY CRIMINAL IS MAYBE.
NOT THE ONLY BRIGHT LINE BUT IS
A GOOD WAY TO LOOK AT IT VERSES
THERE'S THINGS ARE JUST
PERFORMANCE ISSUES. YOU'RE NOT
DRIVING GREAT YOU'RE NOT
INVESTIGATING GREAT- YOU KNOW
YOU HAVE A PUNCTUALITY PROBLEM
THOSE ARE THINGS THAT HAPPEN IN
EVERY PROFESSION. AND YOU DON'T
FIRE SOMEBODY FROM PROSECUTING
FORM BUT YOU TAKE CORRECTIVE
MEASURES HEY YOU NEED TO START
SHOWING UP TO WORK ON TIME. I
MEAN IF I HAD AN EMPLOYEE THAT
WAS SHOWING UP PARTY EVERY DAY I
WOULDN'T WAIT A YEAR. TO TELL
THEM THAT THEY NEED TO DO
IMPROVE THEIR ATTENDANCE. SO
WHAT I'M HEARING. JUST FOR THE
PUBLIC EDUCATION IS THAT- PULL
BAR KICKSTAND- JUST AS YOU
DESCRIBED. IF A POLICE OFFICER
GETS IN THE ACCIDENT- THERE'S A
VESTED GEISHA- HE HAS TO HAVE
UNION REPRESENTATION HE HAS
PULLED MARKETS IS INVOKED. IN
THAT PARTICULAR SCENARIO HOWEVER
WHEN THEY'RE- ADULTS. I'M SORRY
I DIDN'T. I THINK THAT'S A
LITTLE BIT TOO BROAD THE STATUTE
ACTUALLY DEFINES IT. IT'S WHEN
THERE'S AN ALLEGATION OF
MISCONDUCT OR QUESTIONING REALLY
ON THAT ON THE PROCEDURAL PARKS
WHEN THERE'S A QUESTIONING BY A
SUPERVISOR. THAT COULD LEAD TO
DISCIPLINE FROM THE PERSPECTIVE
OF THE SUPERVISOR SILVA
SUPERVISOR IS GOING TO AN
OFFICER IN ST- HEY YOU'RE DOING
THAT. YOU'RE A CRUMMY JOB REPORT
WRITING I'M NOT GONNA DISCIPLINE
HIM SHOULD TELL YOU TO DO
BETTER. THAN KHOBAR DOESN'T EVEN
COME INTO PLAY THEY HAVE OR
THAT'S JUST A ROUTINE COUNSELING
AND THEY HAVE A RIGHT TO DO
THAT. IT'S ONLY WHEN DISCIPLINE
IS IN THE PICTURE IS. A LAYMAN'S
WAY OF SAYING IT AND IT'S FROM
THE SUPERVISORS PERSPECTIVE IF
THEY'RE LOOKING AT THE OFFICER
FOR POTENTIAL DISCIPLINE. THEN
THEY HAVE TO PAY THE OFFICER
LOOKING AT. YOU FOR POTENTIAL
DISAPPOINTED YOU CAN WRAP YOUR
CAN RECORDED XTERRA. SB FORMAL
DISCIPLINE FOR YOU KNOW NINETY.
GROW BIGGEST AND SO I'M GOING
YOU CLEAR THAT BECAUSE THINK
SOME PEOPLE IN THE PUBLIC WOULD
THINK THAT WHEN IT COMES DOWN TO
A POLICE OFFICER AND- ALLEGATION
OF THE USE OF FORCE OR DEADLY
FORCE THEN THEY BELIEVE SOME
HURT SO I HEAR THAT THEY BELIEVE
THAT POLL OF OUR KICKSTAND AND
PROVIDES THESE RIGHTS- THAT.
SOMEHOW WOULD GIVE THEM THE
UPPER HAND OR PEOPLE ARE SILENT
OR ON THE INVESTIGATION IS NOT
HERE TO LIKE IT NORMALLY WOULD
SO I'M GLAD YOU WERE ABLE TO
CREATE THOSE TWO DISTINCTIONS SO
WHEN IT COMES DOWN TO- USE OF
FORCE AND- DEADLY FORCE THEN
PULL BARS NOT INVOKED-
INVESTIGATORS COME. THEY DO A
THOROUGH INVESTIGATION OF THE
SITUATION BUT AS YOU DESCRIBED
AGAIN PAUL BARK IS THIS LIKE IF
A PERSON IS BEING CALLED INTO-
YOUR BOSS'S OFFICE AND A BOSS
WANT TO PROVIDE DISCIPLINE THE
PERSON HAS TO HAVE TO HAVE A
RIGHT TO HAVE REPRESENTATION THE
PERSON HAVE A RIGHT TO. HAVE
CERTAIN THINGS UNDER THAT
PARTICULAR PER VIEW- THAT
POTENTIALLY COULD LEAD TO
DISCIPLINE FROM A COMMANDING
OFFICER AND OR A BOSS IS THAT
CORRECT. YOU NAILED IT MISTER
CHAIRMAN WHEN THERE'S THAT WHEN
THERE'S LIKE A USE OF DEADLY
FORCE IT IS A CRIMINAL
INVESTIGATION AT THAT POINT POPE
OURS NOT EVEN IN THE PICTURE YOU
TYPICALLY ARE GONNA HAVE TO
DESCRIPTOR ANNE'S OFFICE.
LOOKING AT THAT IF IT'S A
FIFTEEN OH SIX CASE THEN YOU'RE
GONNA HAVE THE ATTORNEY
GENERAL'S OFFICE LOOKING AT IT.
AND THOSE ARE THE PEOPLE THAT
ARE GOING TO BE CONDUCTING THE
INVESTIGATION- SIDE BY SIDE WITH
WHATEVER THAT. THE LOCAL LAW
ENFORCEMENT IN THE JURISDICTIONS
THAT OCCURRED AND NONE OF THESE
RIGHTS APPLY THE ONLY WAY THAT
ANY OF THAT PEACE OFFICER BILL
OF RIGHTS WOULD COME INTO PLAY.
IS IT AFTER THAT CRIMINAL
INVESTIGATION SEPARATE FROM THE
DECISION ABOUT WHETHER OR NOT TO
CHARGE THE OFFICER THE AGENCY
DECIDES TO FIRE THE OFFICER THEN
THE APPEAL RIGHTS KICK IN BUT AS
I MENTIONED BEFORE. THEY'RE NOT
THERE'S REALLY NOT A LOT OF
SUBSTANCE ON THE APPEAL RIGHTS
IN THAT. IN THE STATUTE IT'S
REALLY JUST RECOGNIZING SKELLY
AND THE CIVIL SERVICE SYSTEM.
WHICH WE HAVE IN THIS STATE KIND
OF CIRCLE ALL THE WAY BACK TO
YOUR QUESTION ABOUT THE NLRB WHY
IT MAKES SENSE IN MY VIEW TO
HAVE REPRESENTATION RIGHTS AND
CIVIL SERVICE SYSTEM FOR LOCAL
GOVERNMENT EMPLOYEES SO THAT YOU
DON'T HAVE TAMMANY HALL YOU
DON'T HAVE DECISIONS BEING MADE
BASED ON NEPOTISM OR CORRUPTION.
AND THAT YOU HAVE VARIANCE I
MEAN I COR THESE ARE ACTUALLY
ANTI DISCRIMINATION STATUTES TO
MAKE SURE THAT EVERYBODY IS
TREATED THE SAMEAND THAT THERE
IS A FAIR. AND IMPARTIAL
INVESTIGATION AND THAT EVERYBODY. IS AFFORDED DUE PROCESS. I
REMEMBER WHEN I WORKED YOU TELL
A AND- REPRESENTING TEACHERS. WE
HAD SKELLY HEARINGS AND SCALY
RIGHTS AND WE HAD THOSE- THE
GIVES OPPORTUNITIES FOR BOTH
SIDES TO. MAKE PRESENTATION BUT
MOST OF ALL. IN THAT YOU HAD
REPRESENTATION YOU HAD UNION
REPRESENTATION- A REUNION LAWYER
OR REPRESENTATIVE SUCH AS MYSELF
TO GO THERE AND- ARGUE- IN
SUPPORT OF THAT UNION MEMBER
AGAIN I THINK THAT'S WHAT. MAKES
US GREAT IN TERMS OF BEING ABLE
TO DEFEND AN EMPLOYEE- MR LACKEY
MR MCCARTY. YOU HAVE ALL THE
QUESTIONS WHY HAVE ANOTHER
QUESTION. HELLO MISTER SHELDON-
DO YOU HAVE ANYTHING THAT YOU
WANT TO WEIGH IN BEFORE I ASK
ANOTHER QUESTION. WE WANT YOU
CONVERSATION AS WELL. YEAH JUST
FOR CLARIFICATION THOSE. A
QUESTION ABOUT WHAT IS SERIOUS
MISCONDUCT- S. B. TO DO IT- GIVE
US SOME DEFINITIONS STATUTORY
DEFINITIONS THAT WILL BE PART OF
THAT BILL THAT I BELIEVE MANY
DEPARTMENTS ARE IF THEY DON'T
ALREADY AYE MOST OF THEM DO
INCORPORATE THOSE INTO THEIR
POLICY MANUALS AS FAR AS- YOU
KNOW WHAT WHAT IS- SIGNIFICANT
MISCONDUCT AND- KNOW IT IT CAN
POST WILL BE ISSUING IS MY
UNDERSTANDING AS PART OF THIS
LEGISLATION WILL BE ISSUING
FURTHER REGULATIONS WHICH WILL.
FURTHER DEFINE WHAT IS TO BE
CONSIDERED SERIOUS MISCONDUCT.
IN THE IMPLICATIONS OF THIS ALL
MEAN WHAT HAS TO BE REPORTED TO
POST- BECAUSE I THINK A LOT OF
WHAT YOU'RE TALKING ABOUT HERE
EVEN DRESSED QUITE A BIT OF THIS
ALREADY WITH SB TWO- SOME OF THE
- LOCAL FLAWS IF YOU WILL OF.
THAT MIGHT BE PERCEIVED WITHIN
POP ARE- S. B. TWO ARE IN MY
ESTIMATION IT AS ADDRESSED
QUITE A QUITE A BIT OF THOSE-
THAT THE THEM YET AGAIN THE MAIN
CONCERN I HAVE FOR MY FOR MY
CHIEFS PERSPECTIVE IF YOU WILL
OR AT LEAST THIRTY VISOR TO
ACHIEVE. IS THAT GRAY AREA- OF
THAT YOU KNOW WHEN THE
SUPERVISOR IS LOOKING INTO-
POTENTIAL MISCONDUCT THERE NOW
AND I DO AGREE WITH MISTER
MISDIAGNOSIS TYPICALLY NOT GOING
TO HAPPEN WHEN THOSE HIGH
PROFILE OBVIOUS MISCONDUCT USE
OF FORCE- SHOOTING TYPE
SITUATION SO IT'S THE OTHER
STUFF- AND IN MY EXPERIENCE IT'S
YOU. IT COMES UP WHEN THERE'S A
QUESTION ABOUT THE INTEGRITY OR
HONESTY OF AN OFFICER AND THAT'S
WHERE I SEE IT PLAY OUT AND
WHERE IT CAN BE ON THE NEGATIVE
CONSEQUENCES CAN PLAY PLAY
THEMSELVES OUT. GREAT THANK YOU
VERY MUCH HAVE A QUESTION
WHOEVER LIKE TO ANSWER THIS
QUESTION OR DRESS IT WHEN IT
COMES TO QUESTIONING OFFICERS
DURING AN INVESTIGATION WHO
OVERSEES THE QUESTIONS AND HOW.
ARE THEY EVALUATE IT. WHEN IT
COMES TO QUESTIONING OFFICERS
DURING AN INVESTIGATION WHO
OVERSEES THE QUESTIONS. AND HOW
ARE THEY EVALUATE IT. I COULD
TAKE A STAB AT THAT SURE THERE
THAT THE QUESTIONS ARE
COMPLETELY THE PURVIEW OF THE
EMPLOYING AGENCY AND THEIR
INTERNAL AFFAIRS INVESTIGATORS
IN SO THE OFFICER DOESN'T GET A
PREVIEW OF THE QUESTIONS THAT
NOTICE INFORMATION IS THE NATURE
OF THE ALLEGATIONS IT'S AT A
VERY VERY HIGH LEVEL AID
TYPICALLY IS YOU ONE OR TWO
SENTENCES YOU KNOW YOU'D USED
EXCESSIVE FORCE. DURING THE
ARREST OF SUSPECT OR WHATEVER
YOU KNOW BY THEIR NAME WITH THE
REPORT NUMBER SO THE OFFICER
KNOWS WHAT THE INCIDENTS ARE
GOING TO BE QUESTIONED ABOUT AND
THEN ONCE THEY GET IN THERE
ANYTHING THAT'S WITHIN THE
PURVIEW OF THAT COMPLAINT OR
THAT INCIDENT. IS ESSENTIALLY
FAIR GAME AND THE INVESTIGATORS
IT VARIES DEPENDING ON THE SIZE
AND SOPHISTICATION OF THE OF THE
AGENCY BUT MOST AGENCIES ARE AT
LEAST MEDIUM OR LARGE SIZE HAVE
ARE PERMANENTLY ASSIGNED
INVESTIGATORS THAT ARE VERY
SKILLED AT- ASKING QUESTIONS AND
DEVELOPING QUESTIONS. ARE BUT
THE SHORT ANSWER IS THE
EMPLOYING AGENCY HAS COMPLETE
CONTROL OVER THAT. IF AN OFFICER
REFUSES TO ANSWER A QUESTION.
THEY CAN BE TERMINATED FOR
INSUBORDINATION. MISTER CHAIRMAN
MEDIA ALSO CHIME IN A LITTLE BIT
ON THAT- ONE OF THE THINGS THAT
WE HAVEN'T BEEN AND I
INVESTIGATOR AND THE SUPERVISOR
OF AYE INVESTIGATORS IS. THE
QUALITY OF THE QUESTIONS USUALLY
ARE ARE OVER SEEN BY A
SUPERVISOR- IN INTERNAL AFFAIRS-
ONE OF THE THINGS THAT WE YOU
KNOW WE REALLY CAUTION OUR
INVESTIGATORS ON ARE. ASKING
LEADING QUESTIONS WE LIKE THE
NASCO YOU KNOW OPEN ENDED
QUESTIONS- WE ALSO. WELCOME TO
ASPEN CIVICALLY DID YOU DO A LOT
YOU KNOW RATHER THAN THAN BEAT
AROUND THE BUSH- AND SO THAT THE
QUALITY OF THE QUESTION LOOKING
AT DEPENDING ON THE ALLEGATIONS.
ARE SOMETHING THAT- YOU KNOW
USUALLY AS IS DISCUSSED I HAD A
TIME SO THAT YOU CAN TAILOR YOUR
YOUR INVESTIGATION TO REALLY GET
TO THE CRUX OF THE ACTUAL
ALLEGATION. AND NOT VEER TOO FAR
OFF INTO SPECULATION AND OTHER
ISSUES. LIMIT LIMIT HAVE A
FOLLOW QUESTION SHOULD A THIRD
PARTY HAVE THE OPPORTUNITY TO
EVALUATE THE QUESTIONS. SHOULD A
THIRD PARTY HAVE AN OPPORTUNITY
TO EVALUATE THE QUESTIONS. I
DON'T IS VERY BROAD BUT IT DOES
NOT. PLEASE IF YOU'RE ASKING
LIKE SHOULD THERE BE JUDICIAL
OVERSIGHT. I WOULD ACTUALLY LOVE
IT BECAUSE FROM MY PERSPECTIVE
WHAT OFTEN NOT OFTEN- MOST
INVESTIGATORS DO A GOOD JOB TO
BE FAIR BUT SOMETIMES THEY ASK
WHAT I CONSIDER TO BE
INAPPROPRIATE QUESTIONS BEYOND
THE SCOPE OR DELVING INTO-
PERSONAL MATTERS THAT ARE. FAR
AFIELD FROM WHAT'S UNDER
INVESTIGATION OR ASK FOR LEGAL
CONCLUSIONS OR THINGS LIKE THAT
AND I A INVESTIGATION IS NOT A
COURT OF LAW IT'S NOT A
DEPOSITION I DON'T REPRESENTING
OFFICER I CAN MAKE AN OBJECTION
ON THE RECORD BUT I DON'T HAVE
THE ABILITY TO INSTRUCT THE
OFFICER NOT TO ANSWER THE
QUESTION. OR TO GO GET A JUDGE%
HAS- DISCOVERY RAFFERTY LIKE YOU
WOULD HAVE BEEN A DEPOSITION-
TWO. TO INTERJECT ON HERE AND SO
IF I INSTRUCT MY CLIENT NOT TO
ANSWER A QUESTION AND I'M WRONG
THEN MY CLIENT'S GONNA PROBABLY
GET FIRED I'M PROBABLY GONNA GET
SUED FOR MALPRACTICE. SO THE
AMOUNT OF POWER AND CONTROL THAT
THE AGENCY AND THE INVESTIGATORS
HAVE IS VERY VERY
DISPROPORTIONATELY SKEWED
AGAINST THE OFFICER COMPARED TO
PRETTY MUCH ANY OTHER KIND- THE
JUDICIAL PROCEEDING OR
QUESTIONING. THAT ANY OTHER
CITIZEN WOULD BE SUBJECT TO. IF
I COULD JUST ADD TO THAT. I
THINK IT IS UNNECESSARY TO HAVE
A THIRD AYE AYE AS A PRACTICAL
MATTER I THINK IT WOULD BOG DOWN
THE PROCESS TO HAVE THE
QUESTIONS IF YOU'LL SCREEN BY
SOME THIRD PARTY. AND AS A
PRACTICAL MATTER- THERE IS AN
OPPORTUNITY FOR THIRD PARTY
REVIEW- AND IT'S THROUGH THE
DISCIPLINE IN THE APPEAL PROCESS
AND ALL THE WAY YOU KNOW TO THE
COURT SYSTEM WITH THE WRIT OF
ADMINISTRATIVE MAN DAMOS
PROCESS- IF THE INVESTIGATOR-
GOES OVERBOARD- ORDERS OUT OF
BALANCE- MISTER MISTER.
CHALLENGE THAT YOU CAN CHALLENGE
AND FROM THE HEARING OFFICER
FROM THE CIVIL SERVICE
COMMISSION IN FRONT OF THE
PERSONNEL BOARD AND IF THEY GO
ALONG WITH THE INVESTIGATOR AND
HE STILL DISAGREES HE CAN TAKE
THAT UP TO THE COURTS AND THEY
WILL ADDRESS IT THERE AND SO BUT
IT IS ALL DONE AFTER THE FACT
ADMITTEDLY. I THINK TRYING TO.
IMPOSE A THIRD PARTY. IN ALL AT
THE INTERROGATION STAGE- IS ONLY
GOING TO SLOW THINGS DOWN- IN
THE PROCESS IN. THE LAST POINT
ON THIS- WELL THERE ARE
DIFFERENT QUALITIES OF
INVESTIGATORS- THROUGHOUT THE
STATE OF CALIFORNIA UNDOUBTEDLY-
MOST- SEEK OUT SPECIAL TRAINING
TO BE AN INTERNAL AFFAIRS
INVESTIGATOR- POST PROVIDES
TRAININGS I KNOW HAT THERE'S A
LOT OF TRAINING- PROVIDED TO
THESE INDIVIDUALS THEY GO OUT OF
THEIR WAY NOT TO ASK ANY
QUESTIONS ARE TRAINED NOT TO DO
THOSE TYPES OF THINGS ARE BEST
PRACTICES- WAYS TO CONDUCT AN
EFFECTIVE FAIR AND THOROUGH
INVESTIGATION WITHOUT. ARE
VIOLATING OFFICERS RIGHTS BUT
ALSO GETTING TO THE TRUTH OF THE
MATTER AND- INJECTING A JUST
ANOTHER LAYER I THINK WOULD DO
PROBABLY MORE HARM THAN GOOD.
YOU MEASURE CHINA FOR TWO
SECONDS SURE GREATHEAD CHIEF
RAMBLE SO JUST TO YOUR POINT I
THINK WHAT THE POINT YOU'RE
REALLY TRYING TO MAKE IS THE
INTEGRITY OF THE INVESTIGATION
THE INTEGRITY OF- THE INITIAL
INVESTIGATION ON ITS- ON THE
ONSET- I THINK THAT- AS A CHIEF-
IF I HAD IT YEAH A
CONSTITUTIONAL POLICING- ARMED.
HERE INSIDE THE DEPARTMENT THAT
I'M IN OR PERHAPS IF I'M IN- IN
THIS YEAR'S DEPARTMENT WORKING
WITH FOLKS THAT ARE- SKILL
RETURNS. DATA PARTICULARLY ON
SUCH A SERIOUS CASES
PARTICULARLY LIKE USES OF FORCE
FOR PERSON HAS ACTUALLY
SUCCUMBED AND PASSED AWAY- I
THINK IT'S IMPORTANT FOR THE
TRANSPARENCY PART TO CONSIDER.
MAYBE HAVING SOMEONE OF A THIRD
PARTY SAY WE'RE LOOKING AT THESE
QUESTIONS WE'RE LOOKING AT. HOW
WE'RE GOING TO QUESTION THE
OFFICER THE DEPUTY INVOLVED IN
THIS PARTICULAR INCIDENT
THEREFORE IT GIVES THEM THE
PEOPLE. WHO ARE WATCHING THE
INVESTIGATION AND IDEA THAT IT'S
NOT JUST ALL DONE INTERNALLY AND
AFTERWARDS THERE'S NO WAY FOR US
TO REALLY- SKIRT THE ISSUE OR
MINIMIZE. WHAT WHAT THE
ALLEGATIONS WERE BECAUSE THEY
WERE LOOKED AT BY LIKE THE
CONSTITUTIONAL POLICING PART OF
THE ORGANIZATION SO I THINK THAT
SOMETHING THAT. YOU KNOW MAYBE.
IS WORTHY OF DISCUSSION AT SOME
POINT. LIMIT SURE SO- LIMITED
CLARIFY SO IT SHOULD I SHOULD
THE BE MORE OF A CONCERN.
PROTOCOL AS TO WHAT QUESTIONS
SHOULD BE ASKED. THAT HAVE
ALREADY BEEN EVALUATED. ANYONE
WITH IT EIGHT I THINK IT WOULD
BE REALLY DIFFICULT- I MEAN THIS
REALLY WOULD BE FROM THE
MANAGEMENT SIDE AND NOT MY
BAILIWICK BUT IT WOULD BE REALLY
DIFFICULT TO COME UP WITH A
STANDARD SET OF QUESTIONS
BECAUSE THE COMPLAINTS ARE SO
VARIED IN NATURE IN THERE SO
FACT SPECIFIC THAT THEY YOU KNOW
I MEAN THERE ARE CERTAIN THINGS
THAT- YOU KNOW LIKE MOST
AGENCIES WILL ASK AT THE END OF
THE- INVESTIGATION ALL OF THE
OFFICERS LOOK AT THE POLICIES
THAT ARE ALLEGED TO HAVE
VIOLATED. ASKING IF THEY
VIOLATED IT- YOU KNOW AND IF NOT
WHY A LOT OF TIMES IN WAYS THAT
I DON'T APPRECIATE IT OR OR OR
LIKE THAT THE FORMATTING OF THE
QUESTIONS BUT WHEN IT COMES TO
LIKE YOU KNOW LIKE YOU YOU CAN'T
I DON'T THINK MAKE JUST DIED A
CHECKLIST OF. ALL OF THE
QUESTIONS OTHER THAN JUST THE
SORT OF INTRODUCTORY ONCE AT THE
BEGINNING BECAUSE IT ALL TURNS
ON WHAT'S THE NATURE OF THE
COMPLAINT AGAINST THE OFFICER.
WHAT'S THE FACTUAL BACKDROP. IT
AND I WOULD TO THAT WHAT'S THE
RISK. OF THE- OR THE WEIGHT WHO
IS ASKED QUESTIONS THAT THE CAN
. WHERE THE LEAD. GEISHA NEEDS
TO GO OR NOT. ALSO DISTRACT THE
CHIEF MEMBERS COMMON- ABOUT THE
PARTY- I DON'T DISAGREE WITH
THAT BUT I THINK WHAT HE- AND
CORRECT ME IF I'M WRONG CHIEF
BUT- WHEN YOU'RE WHEN YOU'RE
SEEKING THE ADVICE IF YOU WELL
ABOVE CONSTITUTIONAL POLICING
ADVISOR THAT'S- JOURNAL WITHIN
THE ORGANIZATION AS A AND AS I
UNDERSTOOD THE QUESTIONS. BRING
THIRD PARTY STATE. EVALUATE THE
QUESTIONS BEING PUBLISHED. I
THINK MOST AGENCIES PARTICULARLY
WITH HIGHER LEVEL MORE SERIOUS
ALLEGATIONS THEY DO BRING IN
LAWYERS WHETHER YOU CALLING
CONSTITUTIONAL POLICING
ADVISORS. EMPLOYMENT ATTORNEYS-
PROBAR ATTORNEYS WHAT. THERE IS
THAT ADVICE AND COUNSEL BE
EXCITED ABOUT. THE NATURE OF THE
QUESTIONING THE SCOPE OF THE
QUESTIONING AND THAT KIND OF
THING- SO I THINK THAT IT'S
HAPPENED. SENDING IT OUT THIRD
PARTY THOUGH THAT IS NOT
AFFILIATED WITH THE AGENCY AT
AGAIN I DO STILL BELIEVE THAT
THAT WOULD BE- BOB DOWN THE
PROCESS. THANK YOU VERY MUCH
JUST. MISTER SAID. EXACT TRUE IN
MIKE'S. YOU'LL HAVE CITY
ATTORNEYS WORKING OVER THE
QUESTIONINGS BEFORE THEY MAKE A
DECISION ON DISCIPLINE AND IT'S
OFTEN THE CITY ATTORNEY WILL SAY
GO BACK AND RE INTERVIEWED THE
OFFICER TO GET MORE INFORMATION
OR YOU HAVE. CIVILIAN OVERSIGHT
A LOT LARGER AGENCIES WHERE
THEY'RE REVIEWING EVERY INTERNAL
AFFAIRS INVESTIGATION AND GIVING
THE SAME KIND OF EMPLOYED BOTH
ON A CASE BY CASE BASIS ON THE
OVERALL QUALITY OF INVESTIGATION
BASIS. THANK YOU VERY MUCH FOR
THE PUBLIC YOU WILL BE ABLE TO
AGAIN CHIME IN- DURING THE
PUBLICCOMMENTS AND WE'LL BE
ASKING YOU TO CALL IN- LET ME
REPEAT THE NUMBER. IT'S.
877-692-8957 THE ACCESS CODE IS. THIRTEEN FIFTEEN FORTY TWO OH
TWO SO AGAIN. WILL BE GOING TO
YOU IN ABOUT TEN MINUTES OR SO
BUT I WANT TO FOLLOW AND
CONTINUE ALL ALONG THE LINES OF
THE INVESTIGATION. ARE THERE
INVESTIGATION THAT DOES NOT MEET
RICK OF REQUIRED TIME FRAME TO
COMPLETE AN INVESTIGATION. IF SO
HOW DOES THAT HOW DOES THAT HURT
POLICE ACCOUNTABILITY WOULD YOU
PLEASE ANSWER- WITH A STATE OF-
WIDE PERSPECTIVE NOT JUST LIKE A
SINGLE DEPARTMENT PERSPECTIVE IF
THAT DOES THAT MAKE SENSE.
UNDERSTAND THE QUESTION MAYBE SO
COULD YOU GET IT LET ME REPEAT
AGAIN OUR THEIR INVESTIGATIONS
THAT DOES NOT MEET THE REQUIRED
TIME FRAME TO COMPLETE THEM AN
INVESTIGATION THAT'S NUMBER ONE.
AND THEN IF- IF SO HOW DOES THAT
HURT POLICE ACCOUNTABILITY.
MISTER CHAIRMAN SO POLL ARE
ACTUALLY DICTATES- THE TIME
LIMIT SO- THAT IF AN OFFICER HAS
OR DEPUTIES UNDER INVESTIGATION
FOR MISCONDUCT- THE ONE YEAR
STATUTE STANDS FROM DAY OF
DEPARTMENT KNOWLEDGE- AND I
CAN'T THINK OF ANY OTHER
INVESTIGATION OUTSIDE OF A
CRIMINAL INVESTIGATION. THAT AND
THEN THE TIME IS TOLD- SO UNLESS
DAVE OR THE OTHER CHINESE HAVE.
MORE INFORMATION THAN THAT- I
DON'T THINK THERE'S ANY
INVESTIGATION OUTSIDE OF THAT
FROM POLICE MISCONDUCT- THAT HAS
NO LIMITATION ON ON
INVESTIGATION. THANK YOU BAG.
AND I DON'T I DON'T THINK IT AS
I SAID BEFORE I DON'T THINK IT
POSES A PROBLEM I THINK WHERE
LIKE MISTER SHELDON'S TALKING
ABOUT WERE YOU MAYBE HAVE A
CONFUSION OVER NUMBER YOU KNOW A
COUPLE DAYS HERE THERE. THAT'S%
REALLY JUST HUMAN NATURE TO
PROCRASTINATE WHICH I YOU KNOW I
THINK I MADE CLEAR I THINK IT'S
AGAINST THE PUBLIC INTEREST TO
PROCRASTINATE- ON GETTING A
DETERMINATION I UNDERSTAND YOU
KNOW. BELIEVE ME THAT THE
AGENCIES MY CLIENTS THE CHIEFS
AND EVERYBODY IN BETWEEN ARE
BUSY- LOT IRONS IN THE FIRE BUT
I THINK IT'S IMPORTANT TO GET
THE DOMESTICATION IS COMPLETED.
AND PROBABLY IF YOU SHORTEN IT
TO SIX MONTHS. IT JUST IT DID
EXACT SAME THING BUT AT AT THAT
SIX MONTH. PERIOD HERE IN FUTURE
IF YOU DO HAVE- SOMETHING THAT
IS COMPLICATED REQUIRE
ADDITIONAL TIME THERE'S AMPLE
GROUNDS FOR TOLLING I MEAN IT'S
AS SIMPLE AS MORE THAN ONE
OFFICER INVOLVED IS GROUNDS FOR
COLIN. ANY KIND OF THE
CRIMINALS- INVESTIGATION ASPECT
WHICH IS GONNA BE YOU KNOW ANY
KIND OF DATA SAID IDEALLY FOR
SERIOUS MISCONDUCT. CIVIL SUIT
AGAINST YASSER TOLD DAVE I MEAN
THERE'S SO MANY EXTRACTIONS.
THAT WE KIND OF JOKED THAT IT
YOU KNOW IT'S BARELY THERE BUT I
DO THINK IT'S IMPORTANT. BECAUSE
AT LEAST FOR THE- LAST MEETING
AGENCIES IT PUTS A MARKET
STANDARD. WILL HAVE IT DONE BY
THIS TIME. THANK THANK YOU VERY
MUCH- NEXT QUESTION IS WHEN AN
OFFICER HAS BEEN INVESTIGATED
DOES THAT INFORMATION STAYS ON
THE OFFICER'S RECORD IF SO WHAT
IS THE EXTENT. ON ALL I'LL TAKE
A STAB AT THAT ONE- THE ANSWER
IS YES DOES- IF AN OFFICER IF
THE FINDINGS ARE SUSTAINED THE
OFFICER- WILL BECOME A
CORRECTIVE ACTION TAKEN
DEPENDING ON THE SEVERITY OF THE
MISCONDUCT- CAN RANGE AGAIN
FROM- FROM COUNSELING WHICH IS
NON DISCIPLINARY IN NATURE THAT
THAT PROBABLY- IS TEMPORARY
ANYTHING IN THE INDIVIDUAL'S
RECORD- BUT ANYTHING THAT IS
CONSIDERED FORMAL DISCIPLINE
WHICH WE WHICH MADE. WHICH WOULD
BE A WRITTEN REPRIMAND. ASSIST
AND DEMOTION OUR NATION OF
EMPLOYMENT THOSE ARE THE
GENERALLY SPEAKING THE MORE
SIGNIFICANT DISCIPLINARY ACTIONS
THOSE ARE GONNA STAY ON THE
OFFICER'S RECORD- THERE ARE AT
PRESENT. AGENCIES THROUGH THE
COLLECTIVE BARGAINING PROCESS
THAT A PERMANENT. URGING OF
OFFICERS FILES AFTER FIVE YEARS-
AND SO SOME OF THOSE LATE OLDER
DISCIPLINARY ACTIONS COULD
THEORETICALLY BE REMOVED FROM
THE OFFICERS FILE- THAT WILL BE
CHANGING AT LEAST WITH SB
SIXTEEN MY UNDERSTANDING THAT
ANY SUSTAINED- FINDING NOW NEEDS
TO BE KEPT TO A MINIMUM OF
FIFTEEN YEARS- GOING FORWARD SO-
TO HAS YOUR QUESTION THEY'RE
GONNA BE KEPT AT LEAST FIFTEEN
YEARS AND THE LEGISLATURE
LEARNING MADE A CALL A JUDGMENT
CALL- FORCES AGAINST THE STATE
FINDINGS. NON SYSTEM FINDINGS I
BELIEVE THOSE RECORDS ARE
MANDATED TO BE KEPT FIVE YEARS
SO- I THINK WHAT THIS
EFFECTIVELY MEANS THOSE THOSE MO
YOU PROVISIONS THAT DID A LOT
FOR THE PURGING OF FILES WILL NO
LONGER BE PERMISSIBLE- GIVEN THE
CHANGES THAT ARE COMING WITH US
PIECE SIXTEEN. THANK YOU VERY
MUCH PROFESSOR PAUL PALMER
MARENGO. ARE USED TO WITH THIS.
I AM GREAT THANK YOU VERY MUCH
AGAIN- WE'RE ALMOST AT THE AT
THE TIME WE WILL TAKE PUBLIC
COMMENT BUT I. MUST ASK YOU A
QUESTION WHAT DO YOU SEE AS IT
RELATES TO POMOR WOULD YOU SAID
YES- THE CHANGING MAKE HIS
AMENDMENTS- WHAT'S YOUR THOUGHTS
IN THAT IN THAT SPACE. FROM YOUR
PERSPECTIVE AS A PROFESSOR AT
THE UNIVERSITY. AT SURE I THINK
YOU KNOW THINKS THAT AT THE
BEGINNING YEAH BY AND LARGE IT'S
A FAIRLY SENSIBLE SIDE OF
PROCEDURAL SAFEGUARDS FOR
OFFICERS AT BUT I DO THINK
THERE'S PROBABLY ROOM FOR
TWEAKING SO ONE THING THAT A
NUMBER OF STATES INCLUDING
ILLINOIS ANTON IS MADE MUCH
CLEAR THE DIFFERENCE BETWEEN A
FORMAL INVESTIGATION AND
SUPERVISOR. USE THAT YOU KNOW
THOSE EARLY KIND OF FACT FINDING
ASK QUESTIONS A SUPERVISORS ASK
DON'T GET WRAPPED UP INTO A BAR
PROCESS. THERE'S ALSO BEEN
DISCUSSING RIGHT BUT YOU KNOW
REASONABLE QUESTIONS AROUND THE
STATUTE OF LIMITATIONS I
QUESTIONS ABOUT WHETHER OLD
DISCIPLINE SHOULD BE APPEALABLE
WATER NUMBER OF STATES LIMIT YOU
KNOW DISCIPLINE OUT. THIRTY DAYS
OR MORE SUSPENSIONS OF TALENT ON
THE WAR ARE AT YOUR BILL AND ALL
OTHER THINGS ARE DEALT WITH IN A
SOMEWHAT MORE FORMAL FASHION SO
I THINK THERE'S ROOM CHECK TWEAK
AND I WOULD URGE THE COMMITTEE
TO DO THAT BUT AGAIN I WOULD
ALSO URGE THAT TO THE EXTENT
THAT YOU DO TWEAK ACT I WOULD BE
CAREFUL TO MAKE SURE THAT YOU'RE
TWEAKING NOT JUST. BAR ITSELF
BUT ALSO MAKING SURE THAT THE
SAME PROVISIONS DON'T JUST
REAPPEARING COLLECTIVE
BARGAINING AGREEMENTS WHAT WE'VE
SEEN IN STATES WITHOUT WORDS A
LOT OF THE SAME RESTRICTIONS
SOMETIMES MUCH STRICTER ONES-
THEY GET NEGOTIATED AWAY AND END
UP BEING JUST AS MUCH OF AN
IMPEDIMENT TO ACCOUNTABILITY IN
THE STATE. THANK YOU VERY MUCH-
MISTER SHELDON RECOMMENDATIONS-
THAT YOU WOULD LIKE TO SEE. ON I
GREEK- WITH PROFESSOR ON. I
DON'T THINK THE BABY TO BE
THROWN OUT. THERE CAN BE SOME
TWEAKING AROUND THE GRAY AREA
ABOUT THAT- THAT PRE
INVESTIGATION INVESTIGATION
STAGE I THINK CLARITY THERE IS
WE NEEDED- IT'S FINE IF YOU
DON'T WANT TO CHANGE THE ONE
YEAR STATURE LIMITATIONS THAT
THAT THAT THAT. MISTER STALKING
MAKES GREAT POINTS TO HIM YOU
DON'T WANT THIS HANGING OVER
OFFICERS HAD YOU WANT TO GIVE
THE DEPARTMENT MOTIVATION TO
COMPLETE THE INVESTIGATION BUT-
EVERYBODY SHOULD BE CLEAR WHEN
THAT CLOCK STARTS RUNNING AND I
THINK- GIVING US SOME CLARITY ON
THAT. WOULD BE- WELCOME ALSO
HAVE I THINK BETWEEN THE REMEDY
PROVISION OF PULP ARE A SHOULD
BE ADDRESSED AT SOME LEVEL
ABOUT. KNOW WHAT IS THE
APPROPRIATE REMEDY WHEN THEY'RE
USING A VIOLATION OF THE POOL
BAR- IN ALL CASES SHOULD
EVIDENCE BE SUPPRESSED OR
DISCIPLINE OVERTURNED BECAUSE
THERE'S BEEN A MINOR TECHNICAL
VIOLATION OF THE ACT- I THINK
THIS I THINK INTENT MATTERS. OR
SHOULD MATTER. AND THAT'S
SOMETHING I THINK- TO THE EXTENT
THE COMMITTEE'S GONNA LOOK AT
THINGS ABOUT TWEAKING- THE ACT
THAT'S AN AREA WHERE I THINK-
WOULD BE WELCOME TO MY OPINION.
THANK YOU. LAST THEN LASTLY I DO
AGREE WITH THE PROFESSOR THAT-
IF YOU ARE TO MAKE CHANGES YOU
DO ALSO WANT TO ADDRESS THE
COLLECTIVE BARGAINING STATUTES
AS WELL SO. THERE CAN'T BE AN
INDIVIDUAL AGENCIES WHO JUST
CONTRACT AROUND WHAT THE LIFE IS
. THANK YOU VERY MUCH I WANT TO
GO TO. ACHIEVE RAMBLE FOR ANY
RECOMMENDATIONS YOU MAY HAVE
THAT I'LL DO THE SAME FOR MR MR
ACNE AND THEN WE WILL MOVE TO
THE PUBLIC COMMENT SECTION. OF
THE AGENDA- JUST VERY BRIEFLY
CONCERNING THE- THE STATUTE OF
LIMITATIONS I CERTAINLY WOULD
NOT. CONSIDER SHORTENING HAD-
ONE OF THE THINGS I CAN TELL YOU
IS THAT THERE IS A MOTIVATION TO
DO THESE INVESTIGATIONS OF
WITHIN A TIMELY MANNER NOW THAT
WE HAVE THE ONE YEAR STATUTE.
ARE YOU HAVE TO TAKE INTO
CONSIDERATION THE SIZE OF THE
ORGANIZATION- MY REALIZATION IS
A LITTLE OVER ELEVEN HUNDRED
FOLKS SOME AGENCIES ARE LARGEST
EIGHTEEN THOUSAND- SO YOU HAVE
NATURALLY MORE MORE EMPLOYEES
YOU HAVE YOU KNOW MORE CASES
GOING AND MOST INTERNAL AFFAIRS
BUREAUS ARE NOT VERY LARGE IN
SEOUL- THE NUMBER OF CASES-
THAT. INVESTIGATORS HAVE TO
HANDLE- JUST LIKE ANY OTHER LIKE
CRIMINAL INVESTIGATORS- YOU CAN
BE OVERWHELMING AND SO YOU WANT
TO MAKE SURE THAT IT'S
MANAGEABLE- AND THEN I CONCUR
WITH YOU KNOW THE COMMENTS OF
THE OTHER OUT OF THE OTHER FOLKS
ARE JUST TRYING TO IN. THANK YOU
VERY MUCH CHIEF. OF
MISUNDERSTANDING. ANY
RECOMMENDATIONS YEAH AS I SAID
IN MY PRESENTATION MY
RECOMMENDATION WOULD BE TO
CODIFY THESE UNION RIGHTS FOR
ALL PUBLIC EMPLOYEES IMPORTANT-
EITHER IN THE VARIOUS LABOR
STATUTES LIKE MYERS MILLER'S
BROWN BILLS ACTING CETERA- OR
JUST IN ANOTHER SECTION OF THE
GOVERNMENT CODE I DID WANT TO
TOUCH JUST ON TWO POINTS THAT
WERE RAISED BY SOME OF THE OTHER
SPEAKERS WITH THE RESPECTED DUE
PROCESS THIS STATUTE DOESN'T
SPECIFY WHAT GETS APPEALED OR
ONE THOUSAND GET A FIELD THAT'S
A MATTER OF CONSTITUTIONAL LAW.
AND GOING ALL THE WAY BACK TO
SKELLY AND WHAT OUR SUPREME
COURT SAID IS THAT THE NATURE OF
THE DEPRIVATION DETERMINES THE
LEVEL OF DUE PROCESS THAT'S
REQUIRED SO FOR INSTANCE- YES
YOU CAN APPEAL A LETTER OF
REPRIMAND BUT ONLY IF IT SAYS
IT'S GOING TO BE USED AGAINST
YOU IN THE FUTURE AND THE APPEAL
AS A MEETING WITH THE SUPERVISOR
THAT ISSUE THAT YOU'RE SOMEBODY
THAT HAS THE AUTHORITY TO
OVERTURN IT IT'S NOT AN
EVIDENTIARY HEARING IT'S NOT AS
EXPENSIVE OR CUMBERSOME PROCESS-
AS COMPARED TO A TERMINATION OR
SUSPENSION OR SOMETHING OF THAT
NATURE- WITH RESPECT TO THE
REMEDY. I RESPECTFULLY DISAGREE. WITH MR SHELDON ON SOME POINTS
. ONE UNDER THIS. IT DOES SAYS
THAT THE COURT CAN FASHION A
REMEDY BUT IT'S NOT AUTOMATIC.
OTHER BILL OF RIGHTS AND OTHER
STATES IT IS AUTOMATIC THAT IF
YOU COMMIT A VIOLATION- THEN. X.
HAPPENS TO CASES THROWN OUT OR
EVIDENCE IS SUPPRESSED. I HAVE
NOT SEEN A CASE THROWN OUT
BECAUSE- OF A PROCEDURAL
VIOLATION TYPICALLY WHAT DAY THE
COURTS WILL DO. IS I THINK
LOBBY- WAS- ONE OF THE SEMINAL
CASES ON THIS THEY APPLIED FOR A
MIDDLE TYPE STANDARD LIKE IF
YOU. INTERROGATED SOMEBODY
WITHOUT ALLOWING THEM TO HAVE A
WRAP YOU CAN'T USE THAT
INTERROGATION AGAINST THEM BUT
YOU CAN READ NOTICE ON AND GIVE
THEM A PROPER INTERROGATION-
WITH THE RAP AND YOU CAN STILL
DISCIPLINE I'M AND I'VE HAD
CASES WHERE THAT'S HAPPENED IN
THAT. STATE MINISTER ON HOW BUT
THE NETWORK SAYS THAT'S ALL THAT
HAPPENS THE COURT HAS BROAD
DISCRETION BUT THEY WILL
TYPICALLY SAY THAT'S ALL THAT
HAPPENS YOU CAN PROCEED WITH THE
CASE WITH EVERYTHING ELSE THAT
YOU HAVE EXCEPT FOR. THE ILL
GOTTEN STATEMENT- WHICH
TYPICALLY IT'S NOT MUCH OF A
REMEDY TO MY CLIENTS IT'S REALLY
MORE JUST- HOLDING THE AGENCIES
FEET TO THE FIRE. BECAUSE THEY
CAN GO RE INTERVIEWED THEM. AND
TO GET THOSE STATEMENTS AND
THERE HAVE BEEN COURT CASES
WHERE THE COURTS HAVE COME DOWN
AND SAID THAT THERE WAS A
VIOLATION. OF OUR POP ARCS AND
TOLD THE AGENCY YOU KNOW
ESSENTIALLY DON'T DO THIS AGAIN
AND GIVE THEM A WARNING BUT THEN
SAID THAT BASED ON THE THINGS
MISTER SHELDON WAS TALKING ABOUT
YOU KNOW THE INTENT AND WAS THAT
A MISTAKE IN AND ALL OF THOSE
FACTORS. THAT WE'RE NOT GOING TO
PROVIDE- I RECOURSE OR REMEDY
BEYOND JUST TELLING TE AGENCY.
NOT TO DO IT AGAIN- SO JUST IN
CONCLUSION I THINK THAT THESE
ARE SIMPLE. CARE BASIC FAIRNESS
AND BASIC DUE PROCESS RIGHTS
THAT SHOULD BE CODIFIED FOR ALL
PUBLIC EMPLOYEES IN CALIFORNIA
AND THAT CALIFORNIA SHOULD LEAD
THE WAY. ON THE SLAVERY SHE-
THANK YOU VERY MUCH WE PRE EACH
OF YOU WE ASK YOU TO STAND BY
WE'RE GONNA MOVE TO PUBLIC
COMMENT- WE WOULD ASK THAT ANY
MEMBER OF THE PUBLIC WISHING TO
ADDRESS THIS BODY- WE WOULD ASK
YOU PLEASE APPROACH THE
MICROPHONE PLEASE DON'T TOUCH IT
WE HAVE PEOPLE WHO ARE JUST THE
MICROPHONE- FOR YOU- AND THEN
YOU PLEASE PROCEED IN ADS IN
ASKING YOUR QUESTION- WE ASK
THAT YOU- CERTAINLY BE
RESPECTFUL OF THE PRESENTERS AND
ALSO THOSE ON THE DYESS WITH
RESPECT YOUR COMMENTS SO. WITH
THAT IF YOU PLEASE STATE YOUR
NAME. AND APPROACH THEM YES THE
MICROPHONE. MORNING I'M WE NEED
YOU TO COME A LITTLE CLOSER.
YEAH. PROCEED GOOD MORNING
MISTER CHAIR AND MEMBERS MY NAME
IS ROUGH CALL CRAYON YOUNG- I
SERVED AS A LEGISLATIVE AIDE TO
JOVANKA BECKLES WHO WAS THE
RICHMOND CITY COUNCILMEMBER NILE
ALAMEDA CONTRA COSTA. COUNTY
TRANSIT DIRECTOR SPEAKING ON HER
BEHALF I'M ALSO SPEAKING ON
BEHALF OF THE PRESS FAMILY WHO
LOST THEIR SON P. PROGRESS. TO
THE POLICE YEARS AGO. WELL WE
WORKED WITH KIDS ON A HARLEY AND
COMMITTEE MEMBERS ON THE COUNCIL
RESOLUTION IN RICHMOND WHICH
PASSED. THIRTY YEARS TO THIS DAY
CLARK UPON THE STATE TO
INTRODUCE POLICY CHANGES SUCH AS
A CHANGE OF USE OF FORCE
THANKFULLY IT'S LAW NOW. WE
STILL HAVE MORE- OF. A POLICY
CHANGES. TO ENACT A TRUE POLICE
REFORM SUCH AS ESTABLISHING
STRONGER. CIVILIAN OVERSIGHT
BOARD THAT HAD DISCIPLINARY
POWERS SO THAT LAW ENFORCEMENT
OFFICERS ARE HELD ACCOUNTABLE IN
THE COMMUNITIES THEY SERVE TO
ENSURE THAT THE INVESTIGATION
PROCESS INCLUDES IMMEDIATE AND
REGULAR- DRUG AT ALL OF THEIR
TOXICOLOGY. TESTING WHAT
OFFICERS AT ON EDITED CIVILIAN
VIDEO RECORDINGS THAT SHOULD BE
CONSIDERED AS EVIDENCE TO POLICE
SHOOTING SHOULD BEAR THE COST OF
THE PAID ADMINISTRATIVE LEAVE-
OF HAVE ANY INVESTIGATION. AND
FINALLY- MARYLAND REESE EARLIER
THIS YEAR REPEAL THE POLICE
OFFICER BILL OF RIGHTS AND IT'S
TIME- THAT CAL THAT THE STATE
CONSIDER REPEALING THE POLICE
OFFICER BILL OF RIGHTS. ARE
WELCOME TO SHOULD BE A SPECIAL
PROTECTIONS FOR ONE. A CLASS
WHEN WHAT ABOUT THE REST OF US
THANK YOU THANK YOU THANK YOU
VERY MUCH FOR YOUR COMMENTS WE
APPRECIATE THAT MA'AM COULD YOU
PLEASE STEP UP TO THE MICROPHONE
STATE YOUR NAME AND BEGIN TO
SHARE WITH US WITH ALL YOUR
HEART THANK YOU TWENTY GIPSON-
THAT ATTORNEY. GETS IN BIG A LOT
OF TWENTY MY NAME IS CATENA
PERRY AND I REPRESENT ALL OF
THOSE WHO ARE HAVE BEEN SEXUALLY
VIOLATED BY THE SHERIFF'S
DEPARTMENT- I IN TWO THOUSAND
EIGHTEEN I WAS SEXUALLY VIOLATED
AND THE ELDORADO COUNTY. SOUTH
LAKE TAHOE JAIL BY OFFICER GREEN
. WHEN I THAT HAPPENED TO ME
THERE WERE TWO OF THE OFFICERS
THAT WAS DOING BACK WATCH
ALLEGEDLY- THE CAMERAS WERE NOT
WORKING THE DAY THAT I WAS
SEXUALLY ASSAULTED- IN THE
WAITING ROOM WAIT BIT WE'RE-
WAITING TO SEE MY SON. HOWEVER
THEY DIDN'T WANT TO BE TO FILL
OUT A GRIEVANCE FORM BECAUSE
OFFICER- HE WANTED TO LIVE
REALLY TAKE CARE OF THE ISSUE
HIMSELF. HOWEVER AND I WANTED
THE GRIEVANCE FORMA WANTED TO
GRIEVANCE WHAT HAPPENED BECAUSE
THEY'VE ALREADY BEAT MY SON.
BECAUSE WE DON'T TAKE EL DORADO
COUNTY DISTRICT ATTORNEY'S DEAL.
SO I THOUGHT WHAT ELSE COULD
THEY DO TO ASK BESIDES WHAT THEY
HAVE MEANT FOR A COURSE RATED
FOR EIGHTY TWO DAYS INSIDE OF A-
MAXIMUM CONFINEMENT OUT EVERY
OTHER DAY FOR FIFTEEN MINUTES.
WHAT ELSE COULD THEY DO THAT
THEY DID MORE THAN THAT. HOWEVER
AS I BEGIN TO MOVE MY PROCESS
LITERALLY OF. THE INTERNAL-AFFAIRS OF EL DORADO COUNTY THEY
TOOK TWO YEARS. TO INVESTIGATE
MY CLAIM. HOWEVER THEY CAME BACK
WITH NO FINDINGS BECAUSE THEY
WAS GOING TO COVER THEIR OWN
PEOPLE. AND THAT'S EXACTLY WHAT
THEY SAID. I WENT TO THE EEOC
AND BEGIN THE FOUGHT WITH THEM
THE EOCO SAID. IT'S GONNA BE
HARD TO FIND UP AGAINST THIS
COUNTY BECAUSE AND I'M SCARED.
OFF THERE. BECAUSE THEY ARE OF
RECORDS ARE CLOSED. I AM GLAD
THAT THIS BILL IS COMING FOR TO
BE ABLE TO OPEN THE RECORDS OF
OFFICERS. SO I TOO CAN REVISIT
WHAT IT HAPPENED TO ME AND
THOUSANDS OF OTHER PEOPLE WHO
HAS BEEN. LITERALLY SEXUALLY
VIOLATED AGAINST THE JAIL
SYSTEM. FOR WHAT. BECAUSE WE
DIDN'T TAKE YOUR DEAL SO THERE'S
RETALIATION AGAINST. NOT ONLY
THE PERSON THAT'S INSIDE THE
JAIL BUT THE FAMILY MEMBERS
INVOLVED SO THANK YOU SO MUCH
FOR BRINGING THIS BILL FORWARD.
I LOOK FORWARD TO GOING FORTH
AGAINST EL DORADO COUNTY WITH
ALL THAT I HAVE WITHIN ME. TO BE
ABLE TO RESOLVE THIS ISSUE AND
THE ISSUE FOR MANY OTHERS THANK
YOU. THANK YOU VERY MUCH. FOR
YOUR COMMENTS AND- YOUR YOUR
COMMENTS AROUND THE BILL. IS
THERE ANY OTHER INDIVIDUALS IN
THE AUDIENCE WHO WISHING TO
ADDRESS HIS BODY. SEEING AND
HEARING NONE- WE WANT OPEN THE
PHONE LINES UP OPERATOR WOULD
YOU PLEASE OPEN THE PHONE LINES.
UP AND BEGAN TO ALLOW THE FIRST
PERSON THAT YOU TO ADDRESS THIS
BODY- YOU HAVE- TWO TO THREE
MINUTES- TO. MAKE YOUR COMMENTS
. LADIES AND GENTLEMEN IF YOU DO
HAVE COME FROM THE PUBLIC SIDE
PLEASE PRESS ONE THEN ZERO ON
YOUR TOUCH TONE PHONE. IN
EIGHTEEN T. SPECIALIST WILL
PROVIDE YOU YOUR YOUR LINE
NUMBER AND WE'LL CALL YOUR LINE
NUMBER WHEN YOUR LINE IS OPEN.
IF YOU'RE ON A SPEAKER PHONE
PLEASE PICK UP YOUR HANDSET AND
MAKE CERTAIN YOUR PHONE IS ON
MUTE IT. BEFORE PRESSING ANY
BUTTONS. WE WILL FIRST GO TO
LINE. THIRTEEN GO AHEAD PLEASE.
HI LINE THIRTEEN IN MY LINE
THIRTEEN. YOUR LINE THIRTY LINE
IS OPEN GO AHEAD PLEASE. THANK
YOU FOR READING FROM A
CALIFORNIA GLOBE ARTICLE FROM
JUNE TWELFTH TWENTY TWENTY
WITHOUT LAW ENFORCEMENT THERE IS
NO LAW AND WITHOUT LAW THERE IS
NO CIVILIZATION TOM MCCLINTOCK
WE RECENTLY SUFFERED MULTIPLE
FAILURES OF LAW ENFORCEMENT
BEGINNING WITH THE KILLING OF
GEORGE FLOYD. HE DIED BECAUSE A
ROGUE ROGUE COPS WHO DESPITE
MULTIPLE MISCONDUCT COMPLAINT
REMAIN ON THE POLICE FORCE ADDED
ONE OF HIS ACCOMPLICES THIS HAS
BECOME INTOLERABLE PATTERN IN
OUR BIG CITY POLICE SOURCES AND
WE NEED TO ASK HOW POLITICALLY
POWERFUL POLICE UNIONS AND THE
POLITICIANS THEY MAINTAIN AN
OFFICE PROTECTABLE IS IN THE
SYSTEM. THAT INEVITABLY LEADS TO
ATROCITIES LIKE THIS THE OTHER
FAILURE WAS THE DECISION TO
WITHHOLD POLICE PROTECTION FROM
THEIR CITIZENS BY MAYORS AND
THEIR APPOINTED POLICE CHIEF.
DOT FAILURE KILLED PATH UNDER
WOULD DAVID DORN AND SO MANY
OTHER INNOCENT VICTIMS IN THE
ENSUING RIOT. WITH THE WESTERN
POLICE PROTECTION FOR OUR
STREETS ABANDONING POLICE
STATIONS TO RIOTERS TURNING A
BLIND EYE TO LOOTING ARSON AND
MAYHEM ALL HAVE AN INCENDIARY
EFFECT ON INSURRECTION'S WITHOUT
LAW ENFORCEMENT THERE IS NO WALK
IN WITHOUT LAW THERE IS NO
CIVILIZATION AND ACCOUNTING OF
THE DEATH AND DESTRUCTION CAUSED
BY THE LACK. OF DERELICTION OF
DUTY IS YET TO BE TALLIED BUT IT
WILL BE STAGGERING WE NEED TODAY
TO CHART A COURSE FRWARD WE CAN
LOOK TO NO BETTER GUIDE THAN SIR
ROBERT PEEL THE FATHER OF MODERN
POLICING WHO SUPPORTS PRINCIPLES
OF LAW ENFORCEMENT FOR A FREE
SOCIETY NEARLY TWO CENTURIES AGO
WHEN YOU READ THEM YOU REALIZE.
HOW FAR WE'VE DRIFTED FROM THESE
MORNINGS CENTRAL TO OUR
DISCUSSION THIS IS SEVENTH
PRINCIPLE TO MAINTAIN AT ALL
TIMES THE RELATIONSHIP THE
PUBLIC THAT GIVES REALITY TO THE
HISTORIC TRADITION THAT THE
POLICE ARE THE PUBLIC AND THAT
THE PUBLIC ARE THE POLICE THE
POLICE BEING ONLY MEMBERS. OF
THE PUBLIC WHO ARE PAID TO GIVE
FULL TIME ATTENTION TO DUTIES
WHICH ARE INCUMBENT ON EVERY
CITIZEN IN THE INTEREST OF
COMMUNITY WELFARE. AND EXISTENCE
HOW DO WE GET BACK TO THE
PRINCIPLE. THERE ARE MANY WERE.
PROPOSED THAT MERIT SUPPORT
FIRST THE DOCTOR QUALIFY IN.
CURRENTLY APPLIED NO. IN THE
NATION WILL BY LAW FOR EVER
RIGHT MUST BE A REMEDY QUALIFIED
IMMUNITY PREVENTS A REMEDY FOR
THOSE WHOSE RIGHTS HAVE BEEN
VIOLATED BY OFFICIALS HOLDING A
PUBLIC TRUST THIS REFORM. SHOULD
APPLY AS MUCH TO THE ROBOCOP WHO
TARGETS PEOPLE BECAUSE OF THEIR
RACE AS IT DOES TO IRAQ. OR
JUSTICE DEPARTMENT OFFICIAL TO
TARGET PEOPLE BECAUSE OF THEIR
POLITICS REFORMING QUALIFIED
IMMUNITY SIMPLY HOLD PUBLIC
OFFICIALS. TO THE SAME STANDARDS
AS ANY OTHER CITIZEN EXERCISING
THE SAME POWERS SECOND POLICE
RECORDS MUST BE OPEN TO THE
PUBLIC IT IS A WELL ESTABLISHED
PRINCIPLE THAT PUBLIC SERVANTS
WORK FOR THE PUBLIC AND THE
PUBLIC HAS A RIGHT TO KNOW. WHAT
THEY'RE DOING WITH THE AUTHORITY
THE PUBLIC HAVE LOANED TO THEM
AND POLICE DEPARTMENT SHOULD BE
ABLE TO DISMISS THAT OFFICERS
WITHOUT INTERFERENCE. FROM THEIR
UNIONS. HOWEVER SOME ACCESS
THROUGH THESE RECORDS AND TWO
DEPART FROM ON THEM WE DESTROYED
THE VERY FOUNDATION OF
SUCCESSFUL POLICING IN A FREE
SOCIETY PUBLIC TRUST AND
ACCOUNTABILITY. THE MONEY POLICE
DEPARTMENT INTO PEP. THANK YOU
VERY MUCH FOR YOUR COMMENTS-
NEXT CALLER OPERATOR PLEASE.
WE'LL MOVE ON TO LINE ELEVEN GO
AHEAD PLEASE. HI GOOD AFTERNOON
CAN YOU HEAR ME YES. A GOOD
MORNING SORRY ABOUT THAT- GOOD
ACTORS ARE GOOD MORNING CHAIR
INSURE MEMBERS- AND MATURING ON
MARCH IN CALLING FROM PLASTER
COUNTY. AND SUPPORT OF OUR
PLEASE OFFICERS I AM VERY I AM
VERY CONCERNED ON HOW THIS
COMMITTEE TALKED A BIRD AND THE
MEDIA HAVE PORTRAYED LAW
ENFORCEMENT THE PUBLIC.
ACCORDING TO BELIEVE THAT THEIR
PARTS OF APPROXIMATELY ONE
MILLION LAW ENFORCEMENT OFFICERS
IN THE US IS ONLY ONE PERSON IS
ESTIMATED TO BE CORRUPTS. HELLO
IS THAT. MY GRANDFATHER. WAS AN
H. P. OFFICER AND HIGHLY
RESPECTED FOR NEVER HAVING TO
PULL A GUN AND HIS TWENTY FOUR
YEAR CAREER YES. REPUBLICAN WHAT
KIND OF TRAINING DID HE HAVE. OR
MAYBE ACTOR CRIMES ARE VIOLENT-
AGAINST OUR HAS INCREASED. I
THINK IT'S INTERESTING THAT NO
ONE IS ADDRESSING EDUCATION FOR
OFFICERS. I THINK THAT WHAT THIS
COMMITTEE NEEDS TO FOCUS ON IS
HOW MUCH TRAINING DID THAT GET
INTO THE SIX MONTH PROGRAM MAYBE
STANDING THE TRAINING PROGRAM
EIGHTEEN MONTHS. WHAT KIND OF
TECHNOLOGY- A TECHNOLOGICAL
EVALUATION TO OFFICERS RECEIVED
BEFORE OR AFTER THIS THAT THE
CATION. I'M SORRY ABOUT THAT-
PLEASE- TO BE A POLICE OFFICER
IT IS ONE OF THE MOST DIFFICULT
JOB IN THE WORLD. AND MAYBE
CRIMINALS ARE PEOPLE BREAKING
THE LAW SHOULD BE MORE PENALIZED
AND PUNISHING OFFICERS FOR DOING
MERIT. BECAUSE WHAT A WASTE OF
TIME AND MONEY IT IS TO KEEP
ARRESTING REPEAT OFFENDERS THAT
JUDGES LIKE OUT. ON THE STREETS
PRIME RATE 210% GO AND L. A.
HAVE SIGNIFICANTLY INCREASED.
PROPOSITION FORTY SEVEN THIS IS
THE STUPIDEST BELL ON THE
PLANET. TALK TALK ABOUT
MISCONDUCT YOU READY TO
REMEMBER. YOU'RE RISKING THE
LIVES OF CITIZENS AND OFFICERS
AND DEFEND US STOP DEFINING OUR
POLICE AND PROTECT YOUR FAMILY
FALL THERE SHOULD BE SOME KIND
OF EPRIMAND FOR FALSE
REPORTING. THANK YOU. THANK YOU
VERY MUCH OPERATOR NEXT CALLER
PLEASE. WE HAVE NO OTHER LINES
INTO AT THIS TIME. THANK YOU
VERY MUCH LET ME BRING IT BACK
TO- MY COLLEAGUE SPRING THE
FINAL- THOUGHT SEWER OR
COMMENTS- BUT PRIOR BEFORE WE DO
THAT I WANT TO THANK THE PANEL
FOR ONE TAKE A TIME OUT OF YOUR
BUSY SCHEDULE. AND GIVING
THERE'S A VERY REAL BUS
CONVERSATION AS IT RELATES TO-
THE NEXT STEPS UNDERSTANDING
PEACE PEACE OFFICERS BILL OF
RIGHTS I THINK YOU SHARED A
GREAT DEAL OF LIGHT- AND I'VE
REALLY AND THOROUGHLY. ENJOYED
THE DISCUSSION ANDEDUCATION- IN
THE EDUCATION THAT WE'VE HAD
TODAY I'M HERE IN THIS- IN THIS
HEARING CELEK COMMITTEE ON RE ON
POLICE REFORM AND SO ONCE AGAIN
THANK EACH AND EVERYONE OF YOU.
WE LOOK FORWARD TO YOU ENGAGING
WITH US- AGAIN COME IN THE
FUTURE AND FREESHEET- ALL THAT-YOU BROUGHT TO LIGHT SO WITH
THAT I WANT TO- TURNED OVER TWO
OF MY COLLEAGUES- WHO ARE ONE OF
THE FIRST. OKAY MR LACKEY AND
THEN MR MCCARTY. WELL I TOO
WOULD LIKE TO THANK THE PANEL
MEMBERS FURTHER. THEY'RE
INSIGHTFUL INPUT- YOU KNOW
UNDERSTANDING PEACE OFFICER BILL
OF RIGHTS WAS THE MAIN FUNCTION
OF TODAY'S HEARING IS AS I
UNDERSTAND IT. AND IT'S MY
OPINION THAT WE HAD SOME SOME
MEANINGFUL DISCUSSION. WHICH
ALLOWED- CLARIFYING A DEFINING
INFORMATION. THAT I WISH THE
REST OF PUBLIC CLEARLY
UNDERSTOOD BECAUSE- PEACE
OFFICER BILL RIGHTS HAS BEEN.
CHARACTERIZED IN A WAY THAT'S
VERY MUCH MISUNDERSTOOD. AND I'M
HOPING THAT WE AS A LEGISLATIVE
MEMBERS. WELL MAKE DECISIONS
THAT WILL NOT ONLY BUILD PUBLIC
TRUST. TO HELP BRIDGE THE
CURRENT DIVIDE BUT WILL ALSO
SUPPORT FAIRNESS FOR PUBLIC
SAFETY PROFESSIONALS AND I THINK
WE'RE ON THE PATH TO DOING THAT
THANK YOU. THANK YOU VERY MUCH-
MISS MCCARTY. MISS MCCARTY SAID
HE IS HE'S HE'S GOOD COMPLETE.
AGAIN WON'T TAKE MY COLLEAGUES I
ALSO WANT TO- EXTEND A SPECIAL-
OF GRATITUDE TO OUR FEARLESS
LEADER- MY DEAR FRIEND A
SPEAKER- ANTHONY RENDON FOR
ALLOWING US TO HAVE SUCH A
SELECT COMMITTEE- ON PLEASE
REFORM- AGAIN WE'VE DONE AS MR
MCCARTY IS ALREADY INDICATED
DURING HIS OPENING REMARKS-
WE'VE BEEN DOING THIS FOR ABOUT
A YEAR AND A HALF. AND THROUGH
THIS PROCESS IT HAS NOT BEEN ONE
SIDED IT HAS BEEN OPEN
TRANSPARENT WE HAVE HEARD FROM
PEOPLE WANT TO TESTIFY BOTH-
FROM THE- IN PERSON AND THOSE
WHO WISH TO CALL IN AND TESTIFY.
YOUR COMMENTS HAVE NOT FALLEN ON
DEAF EARS AND I THINK THE
EVIDENCE OF THAT IS THAT WE'VE
ENGAGED WITH A VERY
COLLABORATIVE- CORE GROUP OF
INDIVIDUALS- AND THE GOVERNOR-
THROUGH THAT THE GOVERNOR- THERE
WAS TWENTY BILLS THAT WITH THE
LEGISLATIVE PROCESS- THIS YEAR
TWO THOUSAND TWENTY ONE. EIGHT
OF THOSE TWENTY BILLS WOUND UP
ON THE GOVERNOR'S DESK THE
GOVERNOR SIGNED THOSE EIGHT
BILLS INTO LAW AS WE LOOK AT
CALIFORNIA AND AS WE LOOK AT.
PLEASE REFORM WE ARE RE
IMAGINING WHAT POLICE ARE REFORM
LOOKS LIKE IN THE STATE OF
CALIFORNIA IT HAS NOT BEEN ONE
SIDED. IT HAS BEEN STAKEHOLDERS
AT THE TABLE HAMMERING OUT
LANGUAGE OF ON ALL SIDES ON ALL
SIDES TO HAMMER OUT WHAT WE WILL
SEE AND ACTED TO DOUSE AND.
TWENTY TO EIGHT PIECE OF
LEGISLATION. WHETHER THAT LET
LEAD TO- IN TERMS OF RAISING THE
AGE LIMIT TO TWENTY ONE YEARS OF
AGE WITH A COLLEGE. EDUCATED
WOULD COLLIS DEGREE WEATHER
THAT. LEADS- THAT HAS LED TO-
ONE- DECERTIFICATION PROCESS
MORE TRANSPARENCY IN POLICE
RECORDS DUE TO FAILURE TO
INTERVENE- AND ALSO PROHIBITING
POLICE OFFICER GANGS AND ALSO-
BANNING THE RESTRAINTS THAT
LEADS. WE HAVE HEARD YOU- IN
TERMS OF YOUR VOICE WE WANT TO
CONTINUE TO HAVE THIS DIALOGUE
BECAUSE WE BELIEVE IT'S
MEANINGFUL AGAIN. I WANT TO
THANK A SPEAKER ANTHONY RENDON
FOR GIVING US THE SPACE TO BE
ABLE TO TACKLE ON. IT TO TACKLE
THESE VERY IMPORTANT ISSUES THIS
IS THESE ARE NOT IF THE IS NOT A
SIMPLE ISSUES THESE ARE VERY
COMPLEX ISSUES WE'VE HAD A
NUMBER OF AUTHORITATIVE
INDIVIDUALS LEADERS FROM ALL
OVER THE COUNTRY. EXPERTS FROM
LAW SCHOOLS PROFESSORS. LEGAL
MINDS. OF POLICE UNIONS POLICE
CHIEFS A RANK AND FILE BUT ALSO
COMMUNITY PEOPLE BLACK LIVES
MATTERS AT OTHERS- ENGAGED IN
THESE CONVERSATIONS WITH THIS
AND ALSO VICTIMS THOSE WHO HAVE
LOST THEIR LOVED ONES. AT THE
HANDS OF POLICE OFFICERS AS- ALL
THE YEAH THEY'RE ONE OF THE
SPEAKERS MEN'S MENTION THERE'S A
MILLION OFFICERS IN THE UNITED
STATES OF AMERICA AND 1% OF
THOSE. A MILLION PEOPLE ARE BAD
APPLES WELL WE WANT TO MAKE IT A
COMFORTABLE WE WANT TO MAKE SURE
THOSE BAD APPLES DOES NOT
REFLECT. ANY GET DOES NOT
REFLECT WHAT. THE WHAT THE GOOD
POLICE OFFICERS ASSIGNED TO BE
PUT BECOME POLICE OFFICERS I DO
DAY IN DAY OUT THAT IS TO SERVE
AND PROTECT- AND WE WANT TO MAKE
SURE THAT THAT IS BROUGHT TO
THE- TO THE- FOR FRONT OF THE
LINE. THE. SUBJECT MATTERS AS IT
IS COMPLEX. WE'VE HAD CHALLENGES
WILL WE MEET THOSE TO. BY ONE
HAVING THE DIALOGUE THAT I THINK
IS MEANINGFUL. ON THIS SELECT
COMMITTEE AND I WILL AGAIN WANT
TO THANK MY COLLEAGUES- THOSE
WHO ARE ALSO- ALL OF OUR STAFF
TO WATCHING THIS VIRTUALLY-
THEY'RE TAKING COPIOUS NOTES- AS
WE MOVE. THROUGH AND AGAIN- WE
CAN LOOK AT- THE WORK WE'RE
DOING AND FEEL PROUD. THERE'S
STILL MUCH WORK TO DO IN THIS
SPACE. AND I WANT TO SAY I'M
HAPPY TO SELECT TO CHAIR OF THE
SELECT COMMITTEE ON POLICE
REFORM- WILL CONTINUE TO. I'M
HAPPY ISSUES AND RAISE ISSUES
AND HAVE DIALOGUE PUBLICLY
DIALOGUE- TO TRY TO FIND ANSWERS
TO THESE PROBLEMS THESE VERY
COMPLEX PROBLEMS THAT FACE US.
IN THIS STATE SO AGAIN WITH THAT
I WANT TO SAY TO THE STAFF THANK
YOU VERY MUCH TO OUR- SERGEANTS
AND- ALSO TO MY TEAM WHO'S
WORKED VERY HARD TO PUT THIS
TOGETHER BRING CONTRAST IN
NINETEEN THANK YOU VERY MUCH
TEAM GIPSON- THIS. SELECT
COMMITTEE ON POLICE REFORM
STANDS ADJOURNED. MERRY
CHRISTMAS HAPPY HAPPY NEW YEAR.