Monday, January 15, 2018 Martin Luther King, Jr. Day Mayor Steve Ly Councilmember Stephanie Nguyen Councilmember Darren Suen Councilmember Steve Detrick Councilmember Pat Hume Chief of Police Bryan Noblett Elk Grove City Manager Laura Gill City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758

Respected Mayor, Councilmembers, Chief of Police and City Manager, The undersigned, a coalition of concerned Elk Grove and Sacramento County residents, submit this letter as a means to begin discussion on avenues to improve policing in Elk Grove and increase citizen support for law enforcement. First, thank you to Councilmembers Suen and Detrick for being receptive to the initial request for Elk Grove Police Department policies regarding the use of force. Also, our thanks to Elk Grove Police Chief Noblett for responding to this request by publishing all EGPD policies on the internet. This type of commitment to constructive dialogue and transparency is an example for all communities to follow. In our review of other jurisdictions, we have noted an array of practices regarding civilian oversight, use of force, and release of information regarding law enforcement actions. Many cities have only sought change after some incident or a series of incidents have driven a wedge between the community and its law enforcement agencies. Such discord is detrimental to the community and dangerous to law enforcement personnel. We are confident that a pro-active approach will yield a better result. Provided below are our recommendations: I.

Creation of a Community Policing Commission (CPC)

The Community Policing Commission provides for community participation in setting and reviewing police department policies, practices, and procedures, and to provide a means for prompt, impartial and fair investigation of complaints brought by individuals against the EGPD. The Commission is to advise the City Council, City Manager and Chief of

Police as to all matters regarding the administration of the EGPD. To accomplish this, we recommend the following to City Council: 1. Independent Commission. The Commission shall be 100% external to the police department and will be supported by one part-time professional civilian investigator. Current or former officers and city employees are prohibited from sitting on the commission. 2. Policy Review. The Commission shall have the authority to review policies and procedures of EGPD, to educate and gain feedback from the community regarding policies and procedures of EGPD, to make recommendations on changes to EGPD policies and procedures to the City Manager, Police Chief, and City Council. The Commission shall have the authority to initiate a review of the policy and procedures, and City Council has authority to request a review of any policy or procedure as needed. 3. Independent Investigations. The Commission investigator shall collect and conduct independent investigations on allegations of misconduct and/or fatalities while in EGPD custody or control. They shall receive both personal and policy complaints from the public. The option of mediation will be available. The mediator guides the complainant and the subject officer through a conversation about the incident that led to the complaint with the goal of reaching a common understanding between the parties to the aggrieved party. Upon sustained finding of misconduct, the board shall have the authority to issue discipline in consultation with the Chief of Police. 4. Budget Review. The Commission shall review any proposed budget to determine whether budgetary allocations for the Police Department are aligned with the commission's approved policies procedures, customs and General Orders. The Commission shall conduct at least one public hearing on the department budget per budget cycle and shall forward the Council any recommendations for change. 5. Data Access. The Commission and staff shall have the same access to all EGPD files and records, in addition to all the files and records of other City departments and agencies, as the EGPD’s Internal Affairs Division. The EGPD and other City department’s agencies shall make every reasonable effort to respond to the Commission’s request for files and records within 10 days. 6. Subpoena. To the extent permitted by law and regulations, the Commission shall have the power of subpoena of witnesses and records concerning a complaint. 7. Hiring of Police Chief. The Commission will play a role in the hiring of the police chief, whether they advise council on candidates and/or engage the public during the hiring process through hosting community forums.

II.

Increase transparency and availability of data to the public 1. Release all video associated with an officer involved shooting, in-custody death, or complaint reported to the CPC within 30 days, where said video does not hamper, impede, or taint an ongoing investigation or endanger involved parties. The family of the decedent shall be offered the opportunity to review the video prior to public release. All faces will be blurred to protect the identity of those present and a warning will also be included to advise of the graphic content of the video. If the video cannot be made public by the 30th day, the Police Chief will provide the reasons and obtain a waiver from the Council. Failure to release video will require the City to pay a penalty per day to a victims’ advocacy non-profit organization. 2. Work in coordination with the Coroner’s Office to notify the impacted family as soon as possible, and assign staff to the family to act as a liaison through the process. 3. Adopt a use of force policy that encourages transparency and accountability. 4. Implement a body camera program consistent with council policy and law.

Provided with this letter are resolutions passed by the Elk Grove South County Democratic Club and the Democratic Party of Sacramento County supporting creation of a community policing commission. We are committed to working with the Mayor, City Council, City Manager and Elk Grove Police Department to bring about an effective Community Policing Commission. If we are to build upon the existing trust between law enforcement and community, it is essential that transparency and accountability are a key aspect to our community-policing model. We understand that this process will require extensive community outreach and a consultative process led by the City Council. We look forward to working with you as partners in this endeavor. Our lead point of contact is Amar Shergill, [email protected], 916 230 4878.

Sincerely, Betty Williams, NAACP – Sacramento Tanya Faison, Black Lives Matter - Sacramento Parveen Tumber, American Sikh Public Affairs Association Basim Elkarra, Council on American Islamic Relations - Sacramento Andy Noguchi, Japanese American Citizens League - Florin Miguel Cordova, Sacramento Latino Democratic Club Amar Shergill, Executive Board Member, California Democratic Party