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94-1489 � • Council Fle # a�} — ��} ' ORIGINA , I � Ordinance # �� � � _ Green Sheet # OR ��CE - ` I INT PAUL, MINNESOTA �� 1 Presented By: � Referred To: Committee: Date 7 2 An ordinance amend g Chapter 102 of the Saint Paul Administrative s Code creating the Police-Civilian I ternal Affairs Review Commission by repealing a the "sunset clause" therein and t us provide for the continuation of the s commission as an administrative ntity of the City. e � s s THE COUNCIL OF THE CITY F SAINT PAUL DOES ORDAIN: 70 11 12 13 Section I 74 �s That Chapter 102 of he Saint Paul Administrative Code be and is �s hereby amended in Section 102.0 by deleting and repealing paragraph (c) therein. �, 78 �s I Section 2. so 2� That this ordinance s all take effect and be in force thirty (30) days 22 after its passage, approval and pu lication. as 2a 25 Yeas Nays absent Requested by Department of: a ey �imm POIiCe uer�n arr�s Megard By: � Rettman Thune p Approval Re ommended by udget Director: By: Adopted by Council: Date Form by i A y: Adoptio ertified by Council Secretary: � By: '� - - By: ' ` 'Z �Sf� Approved by a ate �� Appro by Mayo for b j'ssig o Council: By� 0 61994 Bv: �2 '� � , 'r _ �� n!�_! � z ;::, � � h' 'S , � x -� ;, DEPA ENT L DA INITIATED •' ''' Po���e st 9i94 GR��N SHEET ��� ��� � � � CONTACT PERSON 3 PFIONE DEPART1�eNT flIRE CITY COUNCtL ? William K. Finney 292-3588 N CITYATTORNEV CITYCLERK y MUST BE ON COUNCIL Af3 BY ) NU ER i0N O BU�ET DIRECTO a FIN. & MCiT. SERVICES WR. . 0 R (� MAYOR (OR A$8lSTMIT) � f �-i i � TOTAL � OF SIONATURE PAGES ; + 1 (C�I ALL LOCATIONS FOR SIGNATURE) � ACTION RECUESTED: endmeat to Admiaistrative Code of.th City af Saint Paul, Chapter 102, Section 1, Couaci� File 93-380 to delete Chapter 102.04 ( nterim Process and Repeal) items (a) snd (b) thereb implementing the goals of the chapter y retaining staff of the citizen-po�ice xeview boa�� E : Approw (A) a Ry«� (R) pspNAL gEpyICE CONTRACff MUST ANBWER TNE FOL40NllNQ OUESTiONS: _ PLANNMK3 C�M�113310N _ CIVII SERVICE C�MMISSION 1 Hae thNs pMSMlfNrm evM wollaed undlf e conhact to► tlNs dlp41'tntent? ! _ CIB CbM1A1TTEE _ YES NO 2 H88 th� pMaon/fiml8ver b0ln t Cily 9tnplvye!? � _ ST� _ YES NO _ DISTRICT COURT _ 3 Do68 �i8 persor►/firm p� t skNl not normaBY p�ad bY anY Currer�t Cfly �riplCyi!? SWPPOHTS wHICH COl1NCll OBJECrnE9 YES NO � p1�ifl N) yN MSWq: 011 N� fhN! a11d Stf�Gh 10 ��'Ntl i11Nt � j Z� ITIATINO PROBLEM, ISSUE, N Why ie taxpayers ot�t�ie� ��y 'o�' a�'n�au pay for a number o€ public services, including police service; that provides for a sa e, healthy environment. In 1993 there were approx. , 177,000 calls for police service. Occ sionally, from this demand for aervice, complaints ri e>: regatding conduct of police officers i the performance of their duties. The public had 1 tt e+� understanding of internal inveatigatio s and the results were not made public. In August, 19 3, based on requests from the coaumunity, process was established to inform the public about th complaint process and to assure that p lice services are provided in a law£ul and non-disc im inatory manner. The Police-Civilian I ternal Affairs Review Commission in its first year as �ov�r�r�oES iF�are�: een a grea success prov ng c v an rev ew o po ce ac p nary matters. Based on its performa.nce to date, its continued existence is recommended. The public will contiaue to be assured that police services are grovided in a lawful and I non-discriminatory ma.nner, as well as e provided with a-participatory proce�s to oversee � the work of the police department and ts interaction with the co�mmunity. � i � t _ ! DISADVANTACiES IF APPROVED: None t'i�1C� �1 �' f - 3 f: ocT o 4 �994 ; ; ;; DISADVANTAOE8IF NOT APPROVED: The quality and ethical standards of t e leadership of the City of Saint Paul and the I law eaforcement agency in the City of aint Paul will be questioned. Public confidence } regarding police conduct and the inter al review process will deteriorate. k � � ;; i iIl TOTAL AMOUNT OF TRAli8ACT10N i COST/REYENUE BtlDQETED (CIRCLE ONE) YES Nt0 � � 3 �� FUNDING SOURCE ACTIVITY NIIMBER ,I FINANCIAL INFWiMATION: (EXPLAIN) :S 'i ,a C , ` NOTE: COMPLETE DIRECTIONS ARE INCLtJt�� 1N 7H�-4REEN SHEET 1N&TRtlCTIONAL MANUAI. AVA1LABlE IN THE PUHCHASING OFF(CE (PHONE NO. 29�-�22b). � AOUTING ORDER: Below are correct routinga for the tive most trsquent types of documentsc CONTRACTS (aasumes authorized budpet exists) COUNCIL AESE)LtiT10N (Amsnd Budq�ts/Accspt. �rents) 1. Outafde Agency 1. Departrnent Qireclor 2. Department Director 2. Budpet Director 3. City Attorney 3. Ciry AtEomey 4. Mayor (for oontracts over 515,000) 4. MayoNAssistant 5. Human Rights (tor contrects ovec 550.000) 5. Ciy Councii 6. Finance and Management Services Diroctor 6. Chief Accountant, Finanae�and Management Services 7. Finance Ac:counting . ADMINISTRATIVE ORDERS (Budget Reviabn) COUNCIL RESOLU710N (aM oth�FS, and Ordioancss) 1. Activity Maneger i. Department Director 2. Department Accc�untant 2. City Altorney 3. Department Director 3. Mayor Assi6tent 4. Budget Director 4. City f3aunctl 5. City Clerk 6. Chief Ac�untant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Servlces Director 4. City Clerk TOTAL PiUMBER OF SIGNATUR� PAGES Indicate the �of pages o� which signatures aro required and p�p�rclip or flay sach of tMse pag�s. ACTION REQUESTED Desc�ibe what the project/roquest seeks to axomplish in either chronologi- cal order or order of importance, whichever is most approprlate for ths issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete fi the issue in question has beet� presented before any bo�iy, public or private. � SUPPORTS WHICH .COUNCIL OBJECTIVE? Indicete which Council objective(s) your pro�ecttrequest su s by Nstin� the key word(s) (HOU3ING, RECREATION, NEIC3HBOR S, ECQNOMIG DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPIEfE LIST tN INSTRUCTtONAL MANUALJ PERSONAL SERVICE CONTRACTS: This inform�tion will be used to c�termi�e the ciEy�s liabiliry for workers compensation claims, taxea and proper civil :srvke hirf� n�ss. INITIATtN(i PROBLEM, ISSUE, OPPORTUNITY Exptein ihe sltuatbn or conditiona that created a �eed for your proJect or request. ADVANTAGES IF APPROVED Indicate whether this is simpty an annual budget procedure required by law/ charte� or whether there are specific ways in which the City of Saint Paul and its citizens will beneflt irom this projecUactbn. DISADVANTAOES IF APPROVED What negative eBects or majo► changes to existing or past prxesses mipht this project/request produce if it is pasasd (e.g., tra�'ic delays, noise, tax increases or assessmenis)? To Whom? When? Fo� how bng? DISADVANTAGES IF NOT APPROVED What wilt be the negative consequences N the promfsed action is not approved4 inability to delive� service? Continued high traffic, noise, accident rate? Loss of revenue? � FINANCIAL IMPACT AHhough you must tailor the informatbn you provide here to the issue you � ere, addressiny, in general you must answer two questbns: How much ia it � going to cost? Who is going to pay? k f ��y - �y��I $ 101.01 ADMI ISTRATIVE CODE Chapter 101. Civil 5ervice Commission council of the City of Saint Paul doea hereby fix the compensation to be paid to each regular Sec. 101.01. Alternates. member or alternate sitting as a member of the ` (a) In addition to the regular members of he civil service commission to be fifty dollars ($50.00) civil service commission as established by the ity for each meeting or hearing that the regular Charter, there shall be three (3) alternates ap- member or alternate sitting as a member shall pointed by the mayor with the consent of the ity attend, but in no event shall any regular commis- council and the board of education of Indepen ent sion member or alternate sitting as a member re- School District Number 625. Ari alternate s all ceive more than two thousand six hundred dollars serve in the event of the inability of a re lar ($2,600.00) per annum for attendance at such meet- member to attend a commission meeting 'r a ings and hearings. hearing or of the existence of a conflict of int est (Ord. No. 17465, § 1, 6-16-87) on behalf of a. regular member. Terms for er- nates shall be six (8) years, except that one o the � _ three (3).alternates first appointed shall serv for Chapter 102. Police-Civilian Internal Affairs a term of two (2) years and one for a term of our � , fteview Commission (4) years. The personnel direetor shall conta al- ternates to�serve;in a�rotating order. Sec. 102.01. Purpose and scvpe uf commis- (b) For �he `first me�ting or hearing :far w ich - sion review. an alternate is needed the personnel director all first contact the alternate appointed for a wo- '(a) in order to-asaure the public �hat police ser- year term followed by the alternate appointe for wiaea are clelivered 'in a lawful and nondiscrirrii- a four-year term and then the alternate appoi ted 'natorJ' manner, �the:pub`lic should be aceorded par- for a six-year term. No more than one alter ate ticipatory oversight of the police and their may serve at any one time. All appointments all interaction with the citizenry. To thia end, the be from among the qualified voters of the city ho mayor and council wiah to structure citizen in- are in known sympathy with the applicati of volvement as set forth in this chapter so that in merit principles to public employment. No ter- the event complaints are received regarding po- nate may hold any office or employment u der lice activities such complaints are reviewed and the city. An alternate shall cease to be an ter- process�d with the participation of citizen repre- nate to the commiesion upon becoming a c di- sentatives. Citizen review, in conjunction with the date for elective city office. Any alternate m be police, of complaints against officers will assure removed by the city council for cause af r a that complaints are dealt with fairly and with due hearing. Proceedings for removal may be iti- regard for officers and citizens equally. ated by the mayor, the city council or the bo d of �� The commission ahall review all complaint education. investigations concerning members of the police (Ord. No. 17465, § 1, 6-16-87) department who are certified by the Minnesota Sec. 101.02. Civil service commission. Boar of Peace Officers Standards and Training, Pursuant to the authority provided in Se ion completed by the internal affairs unit of the police 12.02 of the Charter of the City of Saint Pau , the department and subsequent investigations thereof related to alleged acts of excessive force, inappro- •Editor's note—Ordinance No. 17465 § 1, adopt June priate use of firearms, discrimination, as de�ned 16 , 1987, amended the Administrative Code by amendi g Ch. in C�lapteP 183 of this Code, poor public rela- 101, Committee Compensation, in its entirety to read as erein tlons and such other complaints as may be re - � . aet out. The aubstantive proviaiona of former Ch. 101 � 1.01 ferred to it by the mayor and/or the chief of police , were deri�ed from the following ordin�ces: The commission shall also collect and review aum- Ord. Ord. mary data on complaints received and report to No. Sec. Date No. Sec. - Date the mayor and council any patterns which may 15217 — 30-13•72 16970 — 1 2-82 merit further examination. 1678b — 3• 6-75 i�i7s — i 2s-sa �C. F. No. 93-380, § 1, 6-15-93) 186b8 — 6- 6-80 Supp. No. 22 2684 . . ��-I-Iygq CO ITTEE3 AND COMMISSION9 § 102.03 Sea 102.02. Commission compositio directives. Further; the commission shall be sub- ject to statutes regarding government data prac- (a) There is hereby created a police-civ lian in- tices, open meetings, peace officera' bill of rights ternal affairs review commission consi ting of and related law. seven (7) voting members to be appointe by the mayor and approved by the council. All embers (b) Training required;termination of appoint- shall be residents of the city. Five (5) embers ments. Each member of the commission shall, prior shall be citizen members and two (2) shall e mem- to assuming official duties, participate in a bers of the Saint Paul Police Federation s ahall training program which shall include topics re- be recommended by the police chief to th mayor lated to police work, investigation, relevant law, for appointment. Members shall, to the ex ent pos- cultural diversity, gender, sexual orientation, dis- sible, be representative of the city's div rsity of ability and the emotional impact of abuse. They neighborhoods, races and cultures, abil' ies, in- shall also participate in ride-alongs with an of- comes and sexual orientations. ficer on actual patrol duties. Failure to complete the training program shall constitute cause to ter- (b) The original appointments to the ommis- minate a member's appointment by the mayor as sion by the mayor of the Cve (5) citizen embers recommended by the chief of police. Additionally, shall be for terms of one, two (2) and ree (3) a violation of law regarding government data prac- years, as designated by the mayor. Th reafter, tices or nonattendance at more than three (3) meet- citizen members shall be appointed for three- ings in a year by a member shall also constitute year term. No members shall serve more an two cause to terminate a member's appointment by (2) terms. the mayor as recommended by the chief of police. (c) The original appointments to the ommis- (c) Review of materials and reports on investi- sion by the mayor of the police federatio repre- gations of complaints. The commission shall re- sentatives shall be as recommended by t e police view materials and reports on all investigations chief and for terms of one and two (2) ars, as of complaints concerning members of the police designated by the mayor. Thereafter the e mem- department who are certi�ed by the Minnesota bers shall be appointed for a three-year t rm. No Board of Peace Officers Standards and Training, members shall serve more than two (2) te ms. No completed by internal affairs unit staff or inde- member of the police federation nor hi ' or her pendent investigators under contract to the city immediate family nor any current memb r of the against sworn personnel regarding alleged acts of Mayor's Task Force on Police Priorities or the excessive force, inappropriate use of firearms, dis- 90's shall be eligible to serve as a citizen ember. crimination as deCned in Chapter 183.02 of this (d) The commission shall meet a min' um of Code, poor public relations and such other com- quarterly and up to twice a month as det rmined Plaints as may be referred to it by the mayor and/or by a m&jority of the commission. The co ission the chief of police. shall elect a chair and vice-chair to pres de over (d) Nature of investigatory material; meetings to its proceedings and shall also elect a s cretary be closed. The investigatory materials prepared who will be responsible for the minutes lof com- ` by the internal affairs unit of the police depart- mission meetings. The commission chair hall be ment or independent investigators under contract elected from among the citizen member . Mem- to the city are considered data collected in fur- bera of the commission shall receive fift dollars therance of an active investigation and will be ($50.00) per meeting attended. reviewed by the commission. The meetings of the (C. F. No. 93-380, § 1, 6-15-93) commission on such matters will be closed pur- suant to Minnesota Statutes 471.705, subdivision Sec. 102.03. Power and duties. ld(b)(2), excepting to members of the commission and such other participants as approved by the (a) Conduct of ineetings. The commissi n shall chair of the commission and the police chief and conduct all of its meetings consistent th and that will facilitate the review process of the com- subject to all city ordinances and publish policy mission. Supp. No. 22 2685 q �j � �� 9 $ 102.03 AD NISTRATIVE CODE � (e) Requests for appearances, gathering of di• tion he or she intends to impose. The commission tional information and hiring of private inues iga- chair and chief of police shall have five (5) working tors; power to subpoena witnesses. The co is- days to discuss any concerns they may have be- � sion may request [that] individuals appear b fore fore any action is finalized. This provision does it to state facts to supplement files. The co 's- not prohibit the chief of police from taking imme- sion may also request internal affairs s to diate action in any case. gather such additional information as ma be �k) Appointment of reuiew coordinator. The chief needed for a determination by the commis ion. of police shall, in conaultation with the commis- The commission may, as provided by a city con- sion chair, appoint a review coordinator to serve tract, hire a private inveatigator as approv by as staff to the commission and manage, as needed, the mayor or chief of police. The commisaion hall the complaint procesa. The review coordinator have the power to subpoena witnesses to co pel Shall serve at the pleasure of the chief of police in their appearance before it. consultation with the commission chair. (fl Attendance by review coordinator an in- (C. F. No. 93-380, § 1, 6-15-93) ternal affairs staff. The commission's review oor- dinator shall be in attendance at commission eet- 'Sec. 102.04. Interim process and repeal. inga to facilitate commission review, ae as �a) The mayor, subject to the usual processes cuatodian of the commission files and recor pro- and procedures, may implement the goals of this ceeding of the commission on audio tape. Int rnal chapter by retaining interim staff. and promul- affairs staff may be present at all commi sion gating such directives and programs as are needed meetings. to effectuate those goals. (g) Recommendations. The commission, aft r re- �� The mayor shall, with appropriate consul- view and deliberation of an investigation, �1, tation with the community, commission chair and by m�jority vote, make its recommendati on chief of police, review and recommend appropriate the case. Such recommendation by the co mis- modiCication of the commission review process to sion shall be upon a�nding that the compl ' t be the city council during the firat year of its exist- suatained; or the complaint not be sustain ; or ence. that the officer be exonerated; or the compl nt is _ unfounded; or that the matter does not in olve (c) This chapter shall be null and void and re- guilt or a lack thereof, but rather a failur of a pealed in ita entirety unless it is apecifically re- depar�mental policy to address the situatio The enacted within one year after its effective date. commission shall also, by majority vote, m e a .(C. F. No. 93-380, § 1, 6-15-93) recommendation as to any action to be take con- cerning an involved officer. Chapters 103, 104. Reserved �(h) Determination and disposition of inve I tiga- tion by chief of police. Failure of the commiss on to reach a majority decision shall cause the in esti- gation to proceed directly to the chief of poli' e for Chapter 106. Parks and Recreation determination and disposition. Commission (i) Chair to inform chief in writing. If a m ority Sec. 106.01. Purpose. decision is obtained, the chair of the comm ssion shall in writing inform the chief of police f the The Saint Paul City Council has established a recommendation along with the rationale th efor. P�'� and recreation commission (hereinafter re- • _ ferred to as the "commission") to serve as an ad- (j) Action when chief and commission dis gree. visory body to the mayor and �ity council on park In the event the chief of police disagrees wi the and recreation matters relating to the planning, action recommended by the commission, th chief promotion, preservation, acquisition, development, ahall notify the commission, in writing, of t e ac- operation and evaluation of parks, parkways, lakes Supp. No. 22 2686 .