The Parks and Recreation Commission, heretofore established, is reestablished as modified. The Parks and Recreation Commission shall serve in an advisory capacity to the City Council. It shall consist of seven members who shall serve without compensation.

(Prior Code, § 2.04.010) (Ord. 2020-01, passed 1-21-2020; Ord. 95-1773, passed - -1995)

   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

(Prior Code, § 2.04.020) (Ord. 2020-01, passed 1-21-2020; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003; Ord. 95-1773, passed - -1995)

   Each member of the City Council shall select and appoint one member to the Commission, subject to approval of the appointment by the remainder of the Council. The remaining two members shall be selected at large by the City Council as a whole. Each appointee shall:

   (A)   Maintain their principal place of residence within the city limits or sphere of influence of the City of Tulare at the time of their appointment and throughout the term of service; and

   (B)   Notwithstanding any other law, a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. Officials of the city shall not be eligible to appointment as Commissioners, except as may be provided in this chapter for ex-officio officers.

(Prior Code, § 2.04.030) (Ord. 2022-13, passed 10-4-2022; Ord. 2020-01, passed 1-21-2020; Ord. 95-1773, passed - -1995)

   The terms of office of all members of the Commission shall be four years and/or until his or her successor shall be appointed and qualified. Should a vacancy occur in the Commission for any reason, the vacancy shall be filled for the unexpired term by an appointment by the City Council. Whenever, in the discretion of the City Council, the best of interests of the city shall be served thereby, any member of the Commission may be removed from office by a majority vote of the Council.

(Prior Code, § 2.04.040) (Ord. 2020-01, passed 1-21-2020; Ord. 95-1773, passed - -1995)

   The Commission shall hold meetings regularly and shall designate the time and place thereof. The Director, or his or her designee, shall be the Secretary to the Commission, who shall keep a record of its proceedings and transactions. This record shall be a public record. All meetings of the Commission shall be open to the public pursuant to the rules adopted by the Commission. A majority of Commissioners shall constitute a quorum. The Parks and Recreation Commission, in July of each year, shall elect a chairperson and vice-chairperson from members of the Commission for a term of one year.

(Prior Code, § 2.04.050) (Ord. 2020-01, passed 1-21-2020; Ord. 95-1773, passed - -1995)

   Notwithstanding any other provision of the chapter, any Parks and Recreation Commissioner who absents himself or herself for any reason other than illness or family emergency from any three consecutive regular meetings of the Commission or who is absent from a total of 50% or more of all meetings of the Commission in any consecutive 12-month period shall thereby automatically forfeit his or her position as a member of the Commission, unless the City Council shall find and determine that there was good cause to excuse the absences.

(Prior Code, § 2.04.060) (Ord. 2020-01, passed 1-21-2020; Ord. 95-1773, passed - -1995)

   (A)   Advise the City Council regarding policies for the acquisition, development, maintenance and improvement of park facilities and make recommendations as appropriate;

   (B)   Formulate and recommend to the City Council, fee schedules, policies, rules and regulations for park sites and other recreation facilities;

   (C)   Formulate and recommend to the City Council a recreation and park program for the inhabitants of the city which emphasizes general educational and recreational objectives for children and adults of the city; promotes and stimulates public interest in parks and recreation programs; and which encourages to the fullest extent possible, the cooperation of the local school authorities and other public and/or private agencies or interests;

   (D)   Advise the City Council regarding the acceptance or rejection of offers of donations of money, personal and/or real property to the city for recreation, park purposes and use and make recommendations where appropriate;

   (E)   Advise the City Council regarding the Community Services Department budgets and make recommendations as appropriate;

   (F)   Serve in an advisory capacity to the City Council and the Director with regard to all questions concerning the growth, maintenance or location of trees within the city;

   (G)   Recommend programs, policies and ordinances to implement and support the city's street tree plan, and encourage and promote the planting and proper husbandry of trees throughout the city;

   (H)   Establish educational and informational programs; and

   (I)   Perform other duties relating to community services and park matters as may be dictated from time to time by the City Council.

(Prior Code, § 2.04.070) (Ord. 2020-01, passed 1-21-2020; Ord. 14-05, passed 10-21-2014; Ord. 95-1773, passed - -1995)

   It is hereby declared that, in order to promote the best interest of the city and its citizens, there is a need to establish and create a board consisting of community residents, to review citizen complaints filed against Police Department personnel and the investigation thereof by the Police Department. The Board shall be charged with the responsibility to review the Police Department’s investigation of the citizen complaints and provide its independent review to the Chief of Police. The Board is not intended to, nor shall it be invested with authority to, review disciplinary action if any, proposed and/or imposed upon police personnel as a result of the investigation of the citizen complaints. The creation of this Board for these purposes is intended to ensure continued and ongoing public confidence in Police Department personnel and Police Department operations.

(1995 Code, § 2.12.010)

   The Board shall have the authority to receive citizen complaints of alleged police officer misconduct in the form of misuse of force, false arrest, discrimination, criminal conduct, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct. The Board shall also have the authority to review the Police Department investigation of all such allegations of police officer misconduct. The Board shall further have the authority to make an annual report summarizing its activities and providing statistical information regarding the receipt and processing of citizen complaints of police officer misconduct.

(1995 Code, § 2.12.020)

   Citizen complaints of alleged police officer misconduct in the form of misuse of force, false arrest, discrimination, criminal conduct, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct may be submitted, in either oral or written form, to either the Police Department, the City Clerk or the Board. However, to be subject to review under this chapter all such citizen complaints are required to be completed in writing, on the Police Department approved form, and must contain the signature of the complainant. The formal written complaints shall be filed in person or by mail, within 60 days of the occurrence of the alleged misconduct. Copies of all such formal complaints shall be provided to the complainant, the Police Chief and the Chairperson of the Review Board. Citizen complaints of alleged police officer misconduct of a nature other than as set forth hereinabove shall be referred directly to the Police Department for review and appropriate action and shall not be subject to review by the Board. The entire Board shall review all citizen complaints and determine, by majority approval, which of the complaints are within the authority of the Board to review. Written notice of this determination shall be provided by the Board to the complainant and the Police Department.

(1995 Code, § 2.12.030)

   All citizen complaints of alleged police officer misconduct subject to this chapter shall, once received in formal written form, be referred to the Police Department for review and investigation. The Investigations Captain or other person designated by the Police Chief shall review the citizen complaint and conduct an investigation as appropriate and consistent with the Department’s citizen’s complaint policy in effect at the time of the filing of the citizen complaint. The investigation by the Police Department shall be completed within 30 days of receipt by the Department of the formal written complaint. Under special circumstances and with the approval of the Chief of Police, the investigation may take longer than 30 days to complete. In such circumstances, the Chief shall provide written notice to the Board that it is necessary to allow for a longer period of time to complete the subject investigation.

(1995 Code, § 2.12.040)

   Upon completion of the investigation, the Investigations Captain shall prepare and deliver to the Board a written report, along with a copy of all documentation gathered in the course of the investigation. The report shall be the same document as the Investigations Captain would deliver to the Police Chief upon completion of his or her investigation under the Department’s citizen’s complaint policy. The report shall be submitted to the Board before it is submitted to the Chief. The report shall include the findings and conclusions of the Investigations Captain and any recommendations relating to adjudication of the citizen’s complaint.

(1995 Code, § 2.12.050)

   Upon receipt of the copy of the Investigation Captain’s report, the Chairperson of the Board shall place the matter on the agenda for the next regular meeting of the Board, or shall schedule a special meeting of the Board to consider the matter, as he or she deems appropriate to ensure timely processing, for a preliminary review by the Board. The report shall be presented to and reviewed by the Board at that time. At the conclusion of the preliminary review, the Chairperson shall poll the Board and proceed as follows:

   (A)   If three or more of the voting members of the Board agree that more information is necessary, the Chairperson shall note this in writing and return the matter to the Investigations Captain for further investigation and submission of a supplemental report;

   (B)   If the Board determines that the information provided is sufficient to proceed, it shall take one of the following actions:

      (1)   If a majority of the voting members of the Board believe that there is no need for a more in-depth review of the matter, they shall adopt findings by a majority vote and direct the Chairperson to prepare a report and submit it to the Chief of Police. The report shall specify whether the Board supports or disagrees with the findings of the Investigations Captain. In the event the Board disagrees, the report shall further set forth specific reasons and analysis therefor.

      (2)   If a majority of the voting members of the Board believe that an in-depth review of the matter is necessary and appropriate, the Chairperson shall schedule such a review at a meeting of the Board to be held within two weeks, or as soon thereafter as is possible. Thereafter, at the subsequent meeting of the Board, an in-depth review of the matter shall be conducted pursuant to the provisions of § 2.12.070 hereinbelow.

(1995 Code, § 2.12.060)

   When, pursuant to § 2.12.060(B)(2) hereinabove, an in-depth review of a citizen complaint investigation is scheduled by the Board, notice of the date, time and place of the meeting shall be provided by the Board, in writing, to the Investigations Captain, the complainant and to the officer or officers involved. At the time and place of the meeting, the Board shall meet with the Investigations Captain to discuss the matter. The complainant, the officer or officers involved and other interested parties shall be provided with the opportunity to appear before the Board and make written and/or oral statements.

(1995 Code, § 2.12.070)

   All such in-depth reviews shall be conducted in an informal manner. It shall not be necessary to have any party wishing to make a statement swear an oath, nor shall any party be provided with the opportunity to ask questions or otherwise cross-examine any other party providing a statement to the Board. Board members shall have the opportunity to ask questions from any person appearing and making a statement. The in-depth reviews shall be closed to the public and no one shall be permitted to be present during the process except for the Board members, the Investigations Captain, the staff representative(s) to the Board and the person presenting the statement at that particular time. Any person shall have the right to have an attorney present while the person is making his or her statement; provided, that the attorney cannot participate in any way in the proceedings, other than to advise his or her client.

(1995 Code, § 2.12.080)

   At the conclusion of the in-depth review of the matter, the Board shall deliberate, in private, and make written findings by a majority vote of the voting members as to the matter as follows:

   (A)   Determine that the matter requires further investigation and direct the Investigations Captain to proceed with a follow-up investigation and submit a supplemental report back to the Board;

   (B)   Support the findings and report of the Investigations Captain; or

   (C)   Disagree with the report of the Investigations Captain and set forth specific reasons and analysis therefor.

(1995 Code, § 2.12.090)

   Upon completion of the written report and findings of the Board, as set forth in §§ 2.12.060(B)(1), 2.12.090(B) or (C) hereinabove, the report shall be transmitted to the Chief of Police simultaneously with the transmission to the Chief of the report of the Investigations Captain. The written findings of the Board shall be submitted to the Chief within seven days of the completion of the review of the matter by the Board. To the extent required by law, a copy of the report shall be made available to the officer or officers involved at the same time and in the same manner as the Investigation Captain’s report is made available. No one else, including the complainant, is entitled to a copy of the findings of the Board.

(1995 Code, § 2.12.100)

   The complainant, and only the complainant, shall be provided with a written notice that the Board has completed its review of the complaint and it has been forwarded to the Chief. The complainant shall not be provided with the findings of the Board, nor its adjudication in relation thereto.

(1995 Code, § 2.12.110)

   The actions of the Board shall be deemed part of the city’s personnel process and all documentation and other information presented to the Board with regard to any citizen complaint and the investigation thereof shall be deemed to be part of a personnel matter and therefore confidential and not subject to public disclosure. No such documentation or other information shall be disclosed to the public, absent a court order. Furthermore, neither the deliberations of the Board, nor its decision, shall be made public, absent court order.

(1995 Code, § 2.12.120)

   Disclosure of any such confidential information by a member of the Board, if it is found to be wilful and/or intentional, shall result in the removal of the Board member by the City Council.

(1995 Code, § 2.12.130)

   Upon receipt of the report from the Board and the report and recommendations from the Investigations Captain, the Chief of Police shall proceed to take such action with regard to the subject citizen complaint, as he or she deems appropriate, pursuant to applicable departmental rules and policies, including the citizen complaint policy, and the applicable personnel rules and policies of the city. In addition, should the Chief disagree with the findings and report of the Board, he or she shall so inform the Board in writing, setting forth the reasons for his or her determination. The written communication to the Board from the Chief shall be made within ten days of receipt by the Chief of the report and findings of the Board.

(1995 Code, § 2.12.140)

   The Board shall annually, during the month of December, prepare and submit a report, in summary form, of its activities, including statistical information regarding citizen complaints it reviewed. The report may also include such other comments as the Board deems appropriate. The report shall be submitted to the Police Chief, City Manager and City Council and shall be a public document.

(1995 Code, § 2.12.150)

   The Board shall consist of seven members. Each member of the City Council shall select and appoint one member to the Board, subject to approval of the appointment by the remainder of the Council. The remaining two members shall be selected at large by the City Council as a whole. To the greatest extent possible, it is the goal of the Council to select Board members in a manner designed to provide a diversity of ethnic, racial and socioeconomic backgrounds as well as a diversity of geographic representation from all areas of the city. In addition to the seven members of the Board appointed by the City Council, an eighth, nonvoting member shall be appointed by the membership of the recognized bargaining unit representing the sworn employees of the Police Department. The appointee shall be entitled to participate in all aspects of the Board’s activities, including the reviewing citizen complaint investigations and discussions related thereto, except that the appointee shall not be entitled to vote on any matter before the Board. All appointees to the Board shall be residents of the city.

(1995 Code, § 2.12.160)

   Appointments to the Board shall be for two-year terms and shall be made during the month of January immediately following the bi-annual November election of City Council members; provided, that the initial appointments to the Board shall be for a period of time of less than two years, as the initial appointees shall serve only until their successors are named. Vacancies on the Board shall be filled for the unexpired term and shall be made pursuant to the same procedures that were used for the initial selection of the departing Board member. At the first meeting of the Board after the bi-annual January appointment of a new Board, the Board members shall select a chairperson and a vice-chairperson from among their members.

(1995 Code, § 2.12.170)

   In addition to the requirements for diversity of membership on the Board, as set forth in § 2.12.160, to be eligible for appointment to the Board, individuals must be objective, unbiased and without any conflict of interest as it applies to the Police Department, its officers and employees, and relationships between members of an individuals family and the Department and its employees. The phrase CONFLICT OF INTEREST, as used herein, shall, in addition to the meaning given to it under the Fair Political Practices Act and regulations promulgated thereunder, also mean that an individual, and the individual’s immediate family, are free of any disputes, disagreements, claims or legal action against the Police Department and any of its officers and employees.

(1995 Code, § 2.12.180)

   If any section, division, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holdings shall not effect the validity of the remaining portions of this chapter.

(1995 Code, § 2.12.190)