Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 1 ARTICLE XVI. – POLICE CIVILIAN OVERSIGHT BOARD 2 AN ORDINANCE TO AMEND AND REENACT THE PROVISIONS OF THE CODE OF THE CITY OF 3 CHARLOTTESVILLE (1990), AS AMENDED, CHAPTER 2 (ADMINISTRATION) 4 5 WHEREAS, the Charlottesville City Council previously enacted an ordinance establishing a Charlottesville 6 Police Civilian Oversight Board and codified the ordinance within Chapter 2, Article XVI of the Code of 7 the City of Charlottesville (1990), as amended; and 8 WHEREAS, on October 28, 2020 the Virginia General Assembly enacted House Bill 5055, the provisions 9 of which become effective July 1, 2021, and this legislation expressly authorizes the governing body of a 10 locality to establish a law enforcement civilian oversight body; and 11 12 WHEREAS, City Council hereby finds that it is in the public’s best interests to amend Chapter 2, Article 13 XVI of the City Code to name the City’s Police Civilian Oversight Board in conformity with Virginia Code § 14 9.1-601 and to empower the City's Police Civilian Oversight Board with certain additional oversight 15 authority and duties enabled by the statute. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that Article 18 XVI within Chapter 2 of the Code of the City of Charlottesville (1990) is amended and reenacted, as 19 follows: 20 21 ARTICLE XVI-POLICE CIVILIAN OVERSIGHT BOARD 22 23 Sec. 2-450.-Title 24 25 This article shall be known as the Charlottesville Police Civilian Oversight Board Ordinance. 26 Sec. 2-451.-Police Civilian Oversight Board Established; Immunities. 27 28 There is hereby established a Charlottesville Police Civilian Oversight Board which shall be referred to as 29 the Police Civilian Oversight Board, or “the Board”, within this article. The Board shall have the authority 30 and duties of a law-enforcement civilian oversight body, as expressly authorized by state law and as 31 provided within this ordinance. The Police Civilian Oversight Board shall enjoy the protection of 32 sovereign immunity to the extent allowed and provided by Virginia statutory and common law. 33 Sec. 2-452.-Powers and Duties of the Police Civilian Oversight Board. 34 35 (a) The Police Civilian Oversight Board shall have the following powers and duties: 36 (1.) To receive, investigate, and issue findings on complaints from civilians regarding the conduct of 37 law enforcement officers and civilian employees of the Charlottesville Police Department; 1 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 38 39 (2.) To investigate and issue findings on incidents, including the use of force by a law enforcement 40 officer, death or serious injury to any individual held in custody, serious abuse of authority or 41 misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law 42 enforcement officers and civilian employees of the Charlottesville Police Department; 43 44 (3.) At the conclusion of any investigation conducted pursuant to subdivisions (1) and (2), above, 45 and consistent with the Board’s findings in the investigation: to recommend to the Chief of 46 Police disciplinary action in cases that involve serious breaches of departmental and 47 professional standards, as defined within Board Operating Procedures adopted pursuant to Sec. 48 2-466; 49 50 (4.) To investigate policies, practices, and procedures of the Police Department and to make 51 recommendations regarding changes to such policies, practices and procedures, as set forth 52 within Sec. 2-461 of this article; 53 54 (5.) To review investigations conducted internally by the Police Department, as set forth in Sec. 2- 55 458 of this article, including internal investigations of civilians employed by the Police 56 Department, and to issue findings regarding the accuracy, completeness, and impartiality of the 57 investigations and the sufficiency of any discipline resulting from such investigations; 58 59 (6.) To request reports of the annual expenditures of the Police Department, and to make budgetary 60 recommendations to the City Council concerning future appropriations; 61 62 (7.) To make public reports on the activities of the Police Civilian Oversight Board, including 63 investigations, hearings, findings, recommendations, determinations and oversight activities; 64 65 (8.) To hold hearings and, if, after making a good faith effort to obtain voluntarily the attendance of 66 witnesses and the production of books, papers, and other evidence necessary to perform its 67 duties, the Board is unable to obtain such attendance or production, to apply to the Circuit 68 Court for the City of Charlottesville for a subpoena compelling the attendance of such witness or 69 the production of such books, papers and other evidence, and the court may, upon good cause 70 shown, cause the subpoena to be issued. Any person so subpoenaed may apply to the 71 Charlottesville Circuit Court to quash it; and 72 73 (9.) To undertake other duties, as reasonably necessary, for the Police Civilian Oversight Board to 74 effectuate its lawful purpose as provided for in this article, in order to effectively oversee the 75 Police Department. 76 (b) The Board is authorized to receive and shall be provided full access to all Police Department reports, 77 files and records related to Board investigations of complaints and incidents, or its review of Police 78 Department internal affairs investigations, as authorized in this ordinance. All records, documents and 2 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 79 materials in the possession of the Police Department or the City that are determined by the Board to be 80 necessary and requested by the Board to carry out its authorized powers and responsibilities shall be 81 provided to the Board subject to Board procedures adopted, with Council approval, for the protection of 82 confidential information as defined in such procedures. 83 (c) The Police Civilian Oversight Board shall not exercise the powers and duties set forth within 84 paragraphs (a)(1)-(9), or any of said paragraphs, until (i) City Council approves Operating Procedures, 85 based upon recommendations of the Board, for performance of such powers and duties pursuant to sec. 86 2-466 of this article, and (ii) sufficient public funds have been appropriated by City Council within the 87 Board’s annual budget for all staff, independent investigators/auditors, independent legal counsel and 88 other resources as are necessary for the Board to effectively carry out such duties and powers. 89 Sec. 2-453.- Police Civilian Oversight Board Membership Appointment, and Terms. 90 91 (a) Board composition. The Police Civilian Oversight Board shall reflect the demographic diversity of the 92 City of Charlottesville. The Police Civilian Oversight Board shall be composed of seven voting 93 members and one non-voting member appointed by the City Council. The members shall be 94 removable by the City Council for cause as specified in Operating Procedures adopted pursuant to 95 section 2-466. 96 (1) The seven voting members of the Police Civilian Oversight Board shall be residents of the City of 97 Charlottesville except that the member who represents an organization that seeks racial or social 98 justice on behalf of historically disadvantaged communities shall either be a resident of the City of 99 Charlottesville or the organization they represent shall perform advocacy on behalf of City of 100 Charlottesville residents. 101 (2) The seven voting members shall include: at least three members who come from historically 102 disadvantaged communities that have traditionally experienced disparate policing or who are 103 residents of public housing, and at least one other member who represents an organization that 104 seeks racial or social justice on behalf of historically disadvantaged communities. 105 (3) The non-voting member of the Police Civilian Oversight Board shall be an individual with policing 106 expertise or experience. The non-voting member may be a retired law enforcement officer, who 107 prior to his or her retirement was employed in a locality similar to the City of Charlottesville. 108 (4) No Police Civilian Oversight Board member shall be a current City of Charlottesville employee, a 109 current candidate for public office, a former member of the Charlottesville Police Department, an 110 immediate family member of a current Charlottesville Police Department employee, or a current 111 employee of a law enforcement agency. 112 (b) Appointment Process. The City Council shall appoint the members of the Police Civilian Oversight 113 Board. The Council shall announce a public application process with applications available online and by 114 hardcopy in English and Spanish for individuals interested in serving on the Police Civilian Oversight 115 Board. 3 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 116 (c) Terms. Each member of the Police Civilian Oversight Board shall be appointed for a term of three 117 years, which term for any particular Board member may be extended for an additional period of time, in 118 the determination of the City Council, to provide for staggering as deemed appropriate and necessary. 119 (d) Vacancies. If a Police Civilian Oversight Board member’s service on the Board ends before the 120 conclusion of the Board member’s term or any extended term, the City Council shall appoint an 121 individual to complete the remainder of the term. A Board member whose term has expired may 122 continue to serve until his or her successor is appointed by City Council. 123 Sec. 2-454. – Public Meetings. 124 125 The Charlottesville Police Civilian Oversight Board shall hold public meetings at least once per calendar 126 month. Special meetings may be called by the Chair of the Board or any two Board members, in 127 accordance with the requirements of applicable law. 128 Sec. 2-455.-Police Civilian Oversight Board Executive Director 129 130 (a) The City Manager shall appoint a Police Civilian Oversight Board Executive Director with the approval 131 of a majority vote of the City Council. 132 (b) As a part of any Police Civilian Oversight Board Executive Director appointment process, the City 133 Manager shall convene an interview panel that includes two members of the Police Civilian Oversight 134 Board. If the two members of the Police Civilian Oversight Board serving on an interview panel 135 recommend a candidate for appointment as Executive Director, the City Manager shall provide a written 136 justification to the Board if a different candidate is appointed. 137 (c) The duties of the Executive Director shall be to support the Board in the implementation and exercise 138 of all of its functions authorized under this ordinance and to undertake or ensure the performance of 139 specific oversight tasks assigned by the Board. Accordingly, the Executive Director shall be responsible, 140 at the direction of the City Manager, for engaging the services of such investigators and auditors in 141 accordance with City Code Sec. 2-156 as the needs of the Board in the execution of its authority under 142 this ordinance require. 143 (d) The City Manager shall be responsible for day-to-day supervision of the Executive Director. The City 144 Manager will conduct an annual evaluation of the Executive Director’s performance, which shall include 145 consideration of a written performance review submitted by the Police Civilian Oversight Board to the 146 City Manager. The Police Civilian Oversight Board may at any time, by a majority vote, request a 147 conference between the Board’s Chair and the City Manager to discuss the Executive Director’s 148 performance and may at any time, by two-thirds majority vote, recommend to the City Manager that 149 the employment of the Executive Director be terminated. The City Manager shall provide the Police 150 Civilian Oversight Board a written justification for rejecting a recommendation of the Board that the 151 Executive Director’s employment should be terminated. 4 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 152 Sec. 2-456.-Police Civilian Oversight Board Legal Counsel. 153 154 The Police Civilian Oversight Board may retain independent legal counsel to represent the Board in all 155 cases, hearings, controversies, or matters involving the interests of the Board, and the Board’s Chair 156 shall have authority to execute a contract in the name of the Board for legal services if the contract has 157 first been approved by the Board and endorsed by the City’s Finance Director to verify that funding is 158 available and has been appropriated to support performance of the payment obligations of the Board 159 under such contract. The Board’s legal counsel shall be paid only from funds that have been 160 appropriated to the Board’s budget by City Council. The Board and the Board’s Executive Director may 161 consult the Office of the City Attorney for legal advice concerning legal questions except in cases, 162 hearings, investigations, controversies that are before the Board, and/or any other matter in which the 163 Board’s and Police Department’s interests may conflict. 164 Sec. 2-457. – Receipt and Investigation of Complaints – Authority and Complaint 165 Intake 166 167 (a) Authorization. The Police Civilian Oversight Board is authorized to develop and administer a process 168 for receiving community complaints regarding the conduct of Police Department officers and civilian 169 employees; for referring complaints to the Charlottesville Police Department for investigation or to the 170 City Manager to initiate the Board's independent investigation process, as authorized herein; and for 171 issuing findings regarding such complaints. The process will be set forth in the Board’s Operating 172 Procedures as approved by the City Council. The Board process shall be in addition to and separate and 173 distinct from any existing procedures by which the Police Department receives community complaints in 174 accordance with Virginia Code § 9.1-600. 175 (b) Complaint Intake. Complaints filed with the Board may be submitted in person, by mail or electronic 176 delivery to the Executive Director using a complaint form developed by the Board in cooperation with 177 the Police Department such that the forms shall be the same in all material respects. The Board shall 178 also develop procedures for intake of complaints made by other means, including orally. A complaint 179 shall be considered to have been received upon delivery to the Executive Director by any of the means 180 provided here or in approved Board procedures. The Board will forward all complaints to the Police 181 Department within 24 hours of receipt, and the Police Department shall forward to the Board all 182 complaints received pursuant to its complaint receipt procedures referenced in subsection (1) within 24 183 hours of receipt. 184 (c) Public Information. Information about the process for filing a complaint with the Board, complaint 185 forms, and general information about the Board and its purpose and authority shall be made available 186 online, at the office of the Executive Director, and at other locations deemed reasonable and effective 187 for making such information widely available. 188 5 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 189 Sec. 2- 458. – Review of Police Department Internal Investigations 190 (a.) Scope of Board Review Authority. Except as otherwise provided in Sec. 2-459 for Board 191 investigation of complaints, the Police Department shall continue to investigate complaints submitted to 192 the Police Department or to the Board, subject to such Board review and oversight responsibility 193 authorized by this ordinance. The Board may elect to review any or all completed Police Department 194 internal affairs investigations to ensure their thoroughness, completeness, accuracy, objectivity, 195 impartiality and the sufficiency of any discipline resulting from such investigations, in accordance with 196 review selection criteria set forth in Board procedures approved by City Council. In the instance where a 197 complainant files a request to the Board’s Executive Director seeking the Board’s review of the 198 Department’s findings (“Review Request”), the Board shall review the investigation which is the subject 199 of the request. A Review Request shall be deemed filed when it is received by the Executive Director. 200 (b) The Board shall not review: 201 (1) Any Review Request related to an incident that occurred before the date of Council’s 202 adoption of this Article, except for those received by the Board or under Internal Affairs 203 investigation on the date as of which the Article is adopted; 204 (2) A Review Request that is filed more than one (1) year after the date of the incident that is 205 the subject of the complaint; 206 (3) A Review Request filed more than seventy-five (75) days after the date of the Police 207 Department notice sent to the complainant that informs the complainant of the completion of 208 the Department’s internal affairs investigation (unless the Board determines that there is good 209 cause to extend the filing deadline); or 210 211 (4) A Review Request concerning matters that are the subject of a pending criminal proceeding 212 in any trial court, a pending or anticipated civil proceeding in any trial court (as evidenced by a 213 Notice of Claim or a filed complaint), or any pending City of Charlottesville grievance 214 proceeding. 215 216 (c.) The Board may review investigations beyond the time limits specified in subsections (2) and (3) 217 above if: 218 219 (1) the board concludes by majority vote that there is good reason for doing so, or 220 (2) as part of an audit taking place under Section 2-461(b). 221 222 (d) Hearings in Support of Review Requests 223 224 The Police Civilian Oversight Board shall conduct a hearing on all Review Requests that it finds to be in 225 conformance with the criteria established in Section 2-459(a), following procedures set forth in Board 226 Operating Procedures, as approved by the City Council. 227 6 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 228 (d) Findings 229 230 The Police Civilian Oversight Board shall report its findings within thirty (30) days of the hearing of the 231 Review Request. The Board shall report publicly and to the City Manager and Police Chief, that it has 232 determined, by a preponderance of the evidence and by a majority vote of Board members, one of the 233 following findings with respect to each allegation or issue under review: 234 235 (1) The Police Civilian Oversight Board concurs with some or all of the findings of the Police 236 Department investigation; or 237 238 (2) The Police Civilian Oversight Board finds that the Police Department investigation’s findings 239 are not supported by the information reasonably available to the Police Department and makes 240 further recommendations to the City Manager concerning disposition of the Review Request; or 241 242 (3) The Police Civilian Oversight Board finds that the Police Department’s investigation is 243 incomplete or otherwise unsatisfactory and provides a detailed written explanation of the basis 244 for such finding. 245 246 (e) Investigations in Support of Review Requests. The Board may initiate an independent investigation, 247 in accordance with procedures set forth in Sec. 2-459, of any matter that was the subject of a Board 248 Review Request proceeding where the Board determined the Police Department investigation was 249 incomplete or unsatisfactory. 250 251 Sec. 2- 459. - Independent Civilian Oversight Board Investigation 252 253 (a.) The Civilian Oversight Board may initiate investigations under any of the following 254 circumstances: 255 256 (1) When the Board determines that a civilian complaint filed with the Board or an incident as 257 defined in Section 2-452(A)(2),whether or not the incident is the subject of a complaint, merits 258 such an investigation; 259 (2) When a Police Department Internal Affairs investigation of a civilian complaint is not completed 260 in 75 days and, after consultation with the Chief of Police, a majority of the Board determines an 261 investigation is necessary; or 262 (3) If, after completion of a Review Request, the Police Civilian Oversight Board advises the City 263 Manager that a Police Department investigation is incomplete or unsatisfactory and the majority 264 of the Board determines an investigation is warranted in the public interest. 265 266 (b.) Any investigation under this section shall be initiated by notice from the Board Chair to the City 267 Manager, with concurrent notice to the Chief of Police who shall ensure the Police Department's 7 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 268 cooperation with the investigation in general, and in compliance with the specific requirements of this 269 ordinance and applicable Board Operating Procedures. Any such investigation shall comply with existing 270 federal, state, and local laws. Board members, the Board’s Executive Director, and the Board’s legal 271 counsel shall not have any authority to compel a statement from any Charlottesville Police Department 272 employee. When an independent investigation is initiated pursuant to this Sec. 2-459, a qualified 273 investigator independent of the Police Department shall be engaged in accordance with the provisions 274 of City Code Sec. 2-156. Required investigatory qualifications and elements of the scope of work for 275 independent investigations shall be as set forth within Board Operating Procedures. 276 277 (c.) At the conclusion of the investigation, the investigator shall forward the report of investigation 278 and investigative file to the Board. The Board shall hold at least one public hearing, pursuant to 279 approved hearing procedures, on the investigation. At the conclusion of the hearing(s) the Board shall 280 make findings as to each allegation stating whether the allegation is founded, unfounded or sustained, 281 as each such finding is defined in Board Operating Procedures approved by the City Council. In addition, 282 the Board may take one of the following actions: 283 284 (1) If the investigation was based on a complaint, dismiss the complaint in whole or in part 285 where, from the investigation file and report, it determines that the complaint or any allegation 286 in the complaint is unfounded or the actions justified; 287 288 (2) If the Board finds that any allegation was founded and establishes a serious breach of 289 departmental and professional standards, as defined by City Council within Board Operating 290 Procedures adopted pursuant to Sec. 2-466, recommend disciplinary action be taken by the 291 Chief of Police as described in Section 2-460. If the Chief of Police declines to implement the 292 discipline recommended by the Board, the Chief shall, within 30 days of notice of the Board's 293 recommendation, set forth in writing to the City Council, city manager and the public its 294 rationale for declining to implement the recommendation of the Board; 295 296 (3) Refer the complaint to the Commonwealth's Attorney for the City of Charlottesville if it 297 determines that the investigation establishes a criminal offense was or may have been 298 committed and is not already the subject of criminal investigation; 299 Sec. 2-460. - Disciplinary Recommendations 300 301 (a.) Upon receipt of the investigator’s report related to a complaint or incident involving a serious 302 breach of departmental and professional standards, as shall be defined within the Board 303 Operating Procedures, the Board shall meet to discuss appropriate recommendations for 304 disciplinary action. The Board shall consult with the officer’s direct supervisor or commander. 305 Disciplinary action to be considered for recommendation by the Board shall include those 306 specified within any applicable disciplinary matrix utilized by the Police Department. The Board 307 may also consult complainants and witnesses when discussing the appropriate disciplinary 308 action to be imposed. Prior to commencement of any such disciplinary deliberations, the 8 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 309 subject officer or employee shall be given notice of the proceedings and of the range of 310 disciplinary actions under consideration, and the officer or employee shall be offered an 311 opportunity to be heard. The officer may be represented by legal counsel during any discussions 312 or deliberations of the Board. No officer or Police Department employee, and no other City 313 employee, shall be compelled to provide statements to the Board during its deliberations. 314 315 (b.) Any law enforcement officer or other Police Department employee against whom disciplinary 316 action is imposed by the Chief of Police on recommendation of the Board shall have a right to 317 file a grievance requesting a hearing before the City’s Personnel Appeals Board, provided that 318 the matter is a qualifying grievance under the City’s grievance procedures. 319 Sec. 2- 461. - Board Review of Law Enforcement Policies, Practices and Procedures 320 321 (a) The Charlottesville Civilian Oversight Board is authorized to review and make recommendations 322 regarding policies, practices, and procedures of the Charlottesville Police Department, including, without 323 limitation, written policies, procedures and standing orders. The Board shall present in writing its 324 findings and recommendations with supporting rationale to City Council, the city manager and Chief of 325 Police within 30 days of the date of Board approval of the recommendations. If the Police Department 326 declines to implement any changes recommended by the Board, the Chief of Police shall create a 327 written record, which shall be made available for public inspection, of its rationale for declining to 328 implement the Board’s recommendation, unless the Board instead withdraws the recommendation 329 based on the rationale provided. The Board's withdrawal of any such recommendation shall be made 330 available for public inspection. 331 (b) The Board may require its Executive Director to conduct retrospective examination and audits of 332 patterns in the Internal Affairs investigations, arrest and detention, and other public-police interactions. 333 The scope of such examinations, and the manner in which the examinations may be conducted, shall be 334 set forth within the Operating Procedures. 335 Sec. 2- 462. - Request Annual Reports of Police Expenditures 336 337 Not more than once per year, during the City Manager’s preparation of a proposed budget for the City, 338 the Budget Office shall provide the Civilian Oversight Board with annual expenditure estimates and 339 future year projections for the Police Department, itemized to the same level of detail as provided to 340 the City Manager . The estimates shall be presented to the Board at the same time they are presented 341 to the City Manager. The Civilian Oversight Board will review the estimates and is authorized to make 342 budgetary recommendations to the City Manager and/or to the City Council during the annual budget 343 process. 9 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 344 345 Sec. 2- 463. Authority to Hold Hearings and Issue Subpoenas 346 347 (a) The Charlottesville Police Civilian Oversight Board is authorized to hold hearings in connection with 348 any of its authorized activities, including, without limitation: 349 350 (1.) Complaint review; 351 (2.) The conduct of independent investigations of complaints or incidents of misconduct; 352 (3.) Other matters which the Board determines to require the gathering of facts, public testimony, 353 or other information to facilitate adequate police oversight. 354 355 (b) A hearing may be called at the request of any two members of the Civilian Oversight Board. Hearings 356 may be public or closed if confidential information is to be discussed, subject to applicable provisions of 357 law. 358 359 (c) Hearings shall be conducted in accordance with Board Operating Procedures to be developed by the 360 Board and approved by the City Council. 361 Sec. 2- 464. - Suspension of Complaint Investigations 362 363 (a.) Suspension of Investigations. If, on its face, a complaint asserts criminal conduct by a police 364 officer or civilian employee of the Police Department or at any point in an investigation of a complaint or 365 incident the Board or an independent investigator becomes aware of a possible criminal act or offense, 366 the Board and investigator shall: 367 368 (1.) Suspend the investigation and notify the Chief of Police and Commonwealth’s Attorney of the 369 alleged conduct, ensuring that no statements obtained from the Police Department employee(s) 370 whose actions are the subject of the matter are shared with criminal investigators or any 371 prosecuting authority except in accordance with applicable law; and 372 (2.) Evaluate, in consultation with Board legal counsel and the City Attorney, whether competing 373 public interests and civil rights involved permit the resumption of continued, parallel 374 investigation by the Board. 375 Sec. 2-465. - Police Civilian Oversight Board Recommendations and Annual Report. 376 377 (a) The Police Civilian Oversight Board shall provide the City Council a list of recommendations, if the 378 Board determines any recommendations are necessary, for the Council’s consideration to include in its 379 annual legislative program to present to the General Assembly. These recommendations shall be 380 presented to the City Attorney’s Office by August 15 of each year. 10 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 381 (b) On or before April 15 of each calendar year, the Police Civilian Oversight Board shall provide the City 382 Council with an annual report of activities conducted during the preceding calendar year. The report 383 shall detail the Police Civilian Oversight Board’s calendar year activities with sections related to the 384 appointment of committees and their actions; the establishment of any community advisory panels; an 385 overview of complaints received during the calendar year including the number of complaints, the 386 complaints’ findings, and the number of complaints deferred due to pending proceedings; the number 387 and outcome of any independent investigations; an overview of proposed policy recommendations and 388 amendments to Charlottesville Police Department policies and whether the recommendations and 389 amendments were implemented by the Charlottesville Police Department; the number, type, and 390 attendance at community listening sessions; recommendations the Police Civilian Oversight Board 391 about policing within the City; and any other information that the Police Civilian Oversight Board deems 392 necessary to provide a complete overview of the Board’s activities. 393 Sec. 2-466. - Police Civilian Oversight Board Operating Procedures 394 395 The Police Civilian Oversight Board shall propose for City Council review and approval Operating 396 Procedures and amendments to approved Operating Procedures for the performance of each of the 397 powers and duties of the Board authorized in sec. 2-452(a)(1)-(9) of this article. Upon an affirmative vote 398 of a majority of Board members having the right to vote, the proposed Operating Procedures or 399 amendments to Operating Procedures shall be submitted to City Council for consideration for approval. 400 Any proposed Operating Procedures and amendment(s) thereto shall be presented by a Police Civilian 401 Oversight Board member in writing to the Board at a regular Board meeting. 402 Section 2-467. - Community Engagement and Community Relations 403 404 (a) The Board, supported by the Executive Director, shall engage in community outreach and to enlist 405 the assistance and input of community members. At least quarterly, the Board shall host public 406 community listening sessions to discuss policing matters of pressing public concern, including the 407 impacts of local policing on historically disadvantaged communities that currently experience or 408 traditionally experienced disparate policing. 409 410 (b) The Board may also host or participate in public police-community relations meetings, in which 411 Board members, supported by the Executive Director, mediate discussions between CPD officials, 412 designated by the Chief of Police, and community members about policing matters of pressing 413 public concern, including questions about transparency, availability, legitimacy, mutual respect and 414 trust, equitable treatment, social and racial justice, equal rights, and community safety and order. 415 416 (c) The Board shall report on its community outreach and engagement activities, public input, and any 417 recommendations for community-policing initiatives or for improved police-community relations at 418 least annually as part of the annual report provided for in Section 2-465. 11 Draft Police Oversight Ordinance for Consideration by the Charlottesville City Council 419 Section 2-468. - Training 420 421 (a) At least once every two years, and within 90 days of Board appointments, the City, 422 assisted by Executive Director, shall provide new Board members with training of at least eight 423 hours, presented by the National Association for Criminal Oversight of Law Enforcement or a 424 comparable professional organization. The training shall be consistent with the Board’s mission, this 425 enabling ordinance, and the Operating Procedures. 426 427 (b) At least once every two years, and within six months of new Board appointments, the City, assisted 428 by the Executive Director, the Chief of Police/designees, and such other city personnel as may be 429 appropriate shall provide new Board members with training or information: 430 431 1. describing the legal and ethical obligations of members of a public board; 432 2. explaining Police Department procedures, policies, and regulations; 433 3. describing the substance of Police Department personnel recordkeeping; and 434 4. describing such other City policies, procedures and systems material to the duties of the Board 435 436 As needed, the City shall provide Board members with additional training, including police "ride-alongs", 437 relevant training by subject matter experts on mental health, trauma-informed policing, civil rights and 438 constitutional law, race and racism, community outreach, mediation, investigation, and policing 439 practices. 440 Section 2-469. – Commendations for Exceptional Community Service 441 442 (a) The Board shall establish procedures for soliciting comments from the public concerning incidents of 443 exceptional performance by employees of the Charlottesville Police Department. 444 (b) The Board may consult with the Chief of Police regarding individual employees who have made 445 outstanding contributions exemplary of equitable, just, and professional policing. 446 (c) The Board may issue public citations recognizing individuals deemed to have made such 447 contributions. 448 Section 2-470. Mediation 449 450 The Board may propose procedures for the use of mediation or other alternative dispute resolution 451 techniques to resolve complaints against employees of the Charlottesville Police Department. Such 452 procedures shall not affect the ability of complainants to pursue remedies under other sections of this 453 ordinance. 12