Antioch Police Oversight Commission

ANTIOCH POLICE OVERSIGHT COMMISSION AGENDA Date: Monday, May 6, 2024 Time: 6:30 P.M. Place: Antioch City Hall – Council Chambers 200 H Street Antioch, CA 94509 ANTIOCH POLICE OVERSIGHT COMMISSIONERS Harry Thurston, Chairperson Porshe Taylor, Vice Chairperson Treva Hadden Alicia Dianne Lacey-Oha Leslie May Mahogany Spears Devin Williams Staff Liaison: Kwame P. Reed, Acting City Manager Thomas Lloyd Smith, City Attorney Brian Addington, Interim Police Chief Commission meetings are live streamed at: https://www.antiochca.gov/government/boards-commissions/#section-apoc. Please see the inside cover for detailed Speaker Rules. ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: publicworks@antiochca.gov. PLEASE TURN OFF CELL PHONES BEFORE ENTERING MEETING LOCATION.  ANTIOCH POLICE OVERSIGHT COMMISSION SPEAKER RULES Welcome to the Antioch Police Oversight Commission meeting. The Commission encourages community participation. The Ralph M. Brown Act guarantees the public's right to address the Commission, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour. How to submit a Public Comment – Members of the public wishing to provide public comments, may do so one of the following ways: 1) Written Public Comment – Written comments may be submitted electronically to the City Clerk at the following email address: cityclerk@antiochca.gov, prior to 3:00 p.m. the day of the Commission Meeting. Please indicate the agenda item in your email subject line. Written public comments received before 3:00 p.m., the day of the meeting, will be provided to the Commissioners before the meeting. 2) In Person – Please fill out a Speaker Request Form, available near the entrance doors, and place it in the Speaker Card Tray near the City Clerk before the meeting begins. Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (up to 3 minutes). If there are several speakers, the amount of time allotted may be modified at the Chairperson’s discretion. Record of all public comments – All public comments will become part of the official public record and subject to disclosure under the Public Records Act. All public comments will be retained on file by the City Clerk’s Office; entered into the official meeting record and will be available to the public upon request. Written public comments will not be read during the Commission Meeting. Notice of Availability of Reports The Antioch Police Oversight Commission will meet regularly on the first and third Mondays of the month at 6:30 p.m. (except during the months of July and December when regular meetings shall occur once per month). The Antioch Police Oversight Commission Agendas are posted onto the City’s Website 72 hours before each meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: https://www.antiochca.gov/notifications/ and enter your e-mail address to subscribe. To view the agenda information, please click on the following link: https://www.antiochca.gov/government/boards-commissions/#section-apoc.  ANTIOCH POLICE OVERSIGHT COMMISSION’S PURPOSE The purpose of the Commission is to advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on matters of public safety within the City of Antioch to ensure that the Antioch Police Department's policies, practices, and customs conform to national standards of constitutional policing. [Ordinance No. 2212- C-S, adopted May 24, 2022: https://www.antiochca.gov/fc/posc/posc-ord-2212.pdf]. NOTICE OF OPPORTUNITY TO ADDRESS THE ANTIOCH POLICE OVERSIGHT COMMISSION This agenda is a summary of the discussion items/actions proposed to be taken by the Antioch Police Oversight Commission. The public has the opportunity to address the Commission on each agenda item. The Commission can only take action on items that are listed on the agenda. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section on this agenda. No one may speak more than once on an agenda item or during “Public Comments”. Please see the Speaker Rules on the inside cover of this Agenda for information on public participation. AGENDA I. CALL TO ORDER AND ROLL CALL II. PLEDGE OF ALLEGIANCE III. APPROVAL OF THE ANTIOCH POLICE OVERSIGHT COMMISSION MEETING MINUTES OF APRIL 15, 2024 Recommended Action: It is recommended that the Antioch Police Oversight Commission approve the Antioch Police Oversight Commission Meeting Minutes of April 15, 2024. IV. NEW BUSINESS 1. INTERIM POLICE CHIEF BRIAN ADDINGTON’S REPORT The Police Chief (or designee) will provide an update on information relevant to the mission, purpose, and work of the Antioch Police Oversight Commission. A. Staff Presentation – Staffing Update B. Public Comment C. Discussion and Direction ANTIOCH POLICE OVERSIGHT COMMISSION [1] MAY 6, 2024  2. FORMATION OF AD HOC COMMITTEES Recommended Action: It is recommended that the Antioch Police Oversight Commission: 1) Determine if it wishes to form the following ad hoc committees and, if so, define the purpose of each ad hoc committee: a. Community Engagement i. Purpose: b. Policy i. Purpose: c. Use of Force i. Purpose: d. Budget i. Purpose: e. Complaints, Internal Affairs, and Hiring Process Ad Hoc Committee i. Purpose: 2) Confirm the appointment of two (2 - 3) members for each of the ad hoc committees. 3) Confirm the duration of each of the following ad hoc committees. 4) Adopt the resolutions forming the ad hoc committees. 3. COMMISSION ACTION ITEM: COMMISSION TO CONSIDER AND SET A MEETING END TIME A. Public Comment B. Discussion and Direction V. PUBLIC COMMENTS Members of the public are given the opportunity to address the Commission on an item that is not on the agenda; up to three (3) minutes. If there are several speakers, the amount of time allotted may be modified at the Chairperson’s discretion. ANTIOCH POLICE OVERSIGHT COMMISSION [2] MAY 6, 2024  VI. UPCOMING/ FUTURE AGENDA ITEMS The Commission will engage in a working session to discuss and determine agenda items for the upcoming Commission meeting, and to agree on a list of agenda items to be discussed on future agendas. The Commission will work on creating a list of agenda items for future meetings. VII. STAFF COMMUNICATIONS Staff may provide an update on information relevant to the mission, purpose, and work of the Antioch Police Oversight Commission. VIII. NEXT MEETING DATE – May 20, 2024, at 6:30 p.m. IX. ADJOURNMENT After Staff Communications, the Chairperson/Vice Chairperson will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting. ANTIOCH POLICE OVERSIGHT COMMISSION [3] MAY 6, 2024  STAFF REPORT TO THE ANTIOCH POLICE OVERSIGHT COMMISSION DATE: Regular Meeting of May 6, 2024 TO: Honorable Chairperson and Members of the Antioch Police Oversight Commission SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS SUBJECT: Formation of Ad Hoc Committees RECOMMENDED ACTION It is recommended that the Antioch Police Oversight Commission: 1) Determine if it wishes to form the following ad hoc committees and, if so, define the purpose of each ad hoc committee: a. Community Engagement i. Purpose: b. Policy i. Purpose: c. Use of Force i. Purpose: d. Budget i. Purpose: e. Complaints, Internal Affairs, and Hiring Process Ad Hoc Committee i. Purpose: 2) Confirm the appointment of two (2 - 3) members for each of the ad hoc committees. 3) Confirm the duration of each of the following ad hoc committees. 4) Adopt the resolutions forming the ad hoc committees. FISCAL IMPACT There is no fiscal impact for this item. 2 Agenda Item # Antioch Police Oversight Commission May 6, 2024 Agenda Item#2 2 DISCUSSION At its April 15, 2024 meeting, the Antioch Police Oversight Commission requested an agenda item for its May 6, 2024 meeting concerning the formation of the following ad hoc committees: (1) community engagement, (2) policy, (3) use of force, (4) budget, and (5) complaints, Internal Affairs, and the hiring process. The Antioch Police Oversight Commission seeks to form ad hoc committees to address specific issues that require immediate attention. Ad hoc committees are temporary committees consisting of less than a quorum of the commission and are not subject to the Brown Act. Ad hoc committees are tasked with a specific purpose and expected to complete their work within a limited period of time. The term of an ad hoc committee is generally six (6) months to (1) year and then the committee is dissolved. ATTACHMENTS A. Resolution: Community Engagement Ad Hoc Committee B. Resolution: Policy Ad Hoc Committee C. Resolution: Use of Force Ad Hoc Committee D. Resolution: Budget Ad Hoc Committee E. Resolution: Complaints, Internal Affairs, and the Hiring Process Ad Hoc Committee  ATTACHMENT A RESOLUTION NO. 2024/** RESOLUTION OF THE ANTIOCH POLICE OVERSIGHT COMMISSION TO FORM THE COMMUNITY ENGAGEMENT AD HOC COMMITTEE FOR A PERIOD OF ___ MONTHS WHEREAS, on April 15, 2024, the Antioch Police Oversight Commission requested that City staff prepare a resolution establishing a Community Engagement Ad Hoc Committee (the “Ad Hoc Committee”); WHEREAS, the purpose of the Ad Hoc Committee shall be _____________________________________________________________________; WHEREAS, the Antioch Police Oversight Commission plans to have the Ad Hoc Committee report back to the Antioch Police Oversight Commission prior to and upon its planned termination in ___ months to determine if the Ad Hoc Committee should become a standing committee on a specific subject matter on a continual basis, continue as an ad hoc committee for a limited period of time to address a specific need or purpose, or be terminated; and WHEREAS, the Antioch Police Oversight Commission seeks to confirm the appointment of committee members to the Community Engagement Ad Hoc Committee. NOW, THEREFORE, BE IT RESOLVED by the Antioch Police Oversight Commission of the City of Antioch that _________________ and _________________ are appointed to the Community Engagement Ad Hoc Committee, which shall work to _____________________________________ and report back to the Antioch Police Oversight Commission prior to and upon the ad hoc committee’s planned termination in ___ months. * * * * * * * * * * *  ATTACHMENT A I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Antioch Police Oversight Commission of the City of Antioch at a regular meeting thereof, held on the 6th day of May 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________________ ELIZABETH HOUSEHOLDER CITY CLERK OF THE CITY OF ANTIOCH  ATTACHMENT B RESOLUTION NO. 2024/** RESOLUTION OF THE ANTIOCH POLICE OVERSIGHT COMMISSION TO FORM THE POLICY AD HOC COMMITTEE FOR A PERIOD OF ___ MONTHS WHEREAS, on April 15, 2024, the Antioch Police Oversight Commission requested that City staff prepare a resolution establishing a Policy Ad Hoc Committee (the “Ad Hoc Committee”); WHEREAS, the purpose of the Ad Hoc Committee shall be _____________________________________________________________________; WHEREAS, the Antioch Police Oversight Commission plans to have the Ad Hoc Committee report back to the Antioch Police Oversight Commission prior to and upon its planned termination in ___ months to determine if the Ad Hoc Committee should become a standing committee on a specific subject matter on a continual basis, continue as an ad hoc committee for a limited period of time to address a specific need or purpose, or be terminated; and WHEREAS, the Antioch Police Oversight Commission seeks to confirm the appointment of committee members to the Policy Ad Hoc Committee. NOW, THEREFORE, BE IT RESOLVED by the Antioch Police Oversight Commission of the City of Antioch that _________________ and _________________ are appointed to the Policy Ad Hoc Committee, which shall work to _____________________________________ and report back to the Antioch Police Oversight Commission prior to and upon the ad hoc committee’s planned termination in ___ months. * * * * * * * * * * *  ATTACHMENT B I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Antioch Police Oversight Commission of the City of Antioch at a regular meeting thereof, held on the 6th day of May 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________________ ELIZABETH HOUSEHOLDER CITY CLERK OF THE CITY OF ANTIOCH  ATTACHMENT C RESOLUTION NO. 2024/** RESOLUTION OF THE ANTIOCH POLICE OVERSIGHT COMMISSION TO FORM THE USE OF FORCE AD HOC COMMITTEE FOR A PERIOD OF ___ MONTHS WHEREAS, on April 15, 2024, the Antioch Police Oversight Commission requested that City staff prepare a resolution establishing a Use of Force Ad Hoc Committee (the “Ad Hoc Committee”); WHEREAS, the purpose of the Ad Hoc Committee shall be _____________________________________________________________________; WHEREAS, the Antioch Police Oversight Commission plans to have the Ad Hoc Committee report back to the Antioch Police Oversight Commission prior to and upon its planned termination in ___ months to determine if the Ad Hoc Committee should become a standing committee on a specific subject matter on a continual basis, continue as an ad hoc committee for a limited period of time to address a specific need or purpose, or be terminated; and WHEREAS, the Antioch Police Oversight Commission seeks to confirm the appointment of committee members to the Use of Force Ad Hoc Committee. NOW, THEREFORE, BE IT RESOLVED by the Antioch Police Oversight Commission of the City of Antioch that _________________ and _________________ are appointed to the Use of Force Ad Hoc Committee, which shall work to _____________________________________ and report back to the Antioch Police Oversight Commission prior to and upon the ad hoc committee’s planned termination in ___ months. * * * * * * * * * * *  ATTACHMENT C I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Antioch Police Oversight Commission of the City of Antioch at a regular meeting thereof, held on the 6th day of May 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________________ ELIZABETH HOUSEHOLDER CITY CLERK OF THE CITY OF ANTIOCH  ATTACHMENT D RESOLUTION NO. 2024/** RESOLUTION OF THE ANTIOCH POLICE OVERSIGHT COMMISSION TO FORM THE BUDGET AD HOC COMMITTEE FOR A PERIOD OF ___ MONTHS WHEREAS, on April 15, 2024, the Antioch Police Oversight Commission requested that City staff prepare a resolution establishing a Budget Ad Hoc Committee (the “Ad Hoc Committee”); WHEREAS, the purpose of the Ad Hoc Committee shall be _____________________________________________________________________; WHEREAS, the Antioch Police Oversight Commission plans to have the Ad Hoc Committee report back to the Antioch Police Oversight Commission prior to and upon its planned termination in ___ months to determine if the Ad Hoc Committee should become a standing committee on a specific subject matter on a continual basis, continue as an ad hoc committee for a limited period of time to address a specific need or purpose, or be terminated; and WHEREAS, the Antioch Police Oversight Commission seeks to confirm the appointment of committee members to the Budget Ad Hoc Committee. NOW, THEREFORE, BE IT RESOLVED by the Antioch Police Oversight Commission of the City of Antioch that _________________ and _________________ are appointed to the Budget Ad Hoc Committee, which shall work to _____________________________________ and report back to the Antioch Police Oversight Commission prior to and upon the ad hoc committee’s planned termination in ___ months. * * * * * * * * * * *  ATTACHMENT D I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Antioch Police Oversight Commission of the City of Antioch at a regular meeting thereof, held on the 6th day of May 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________________ ELIZABETH HOUSEHOLDER CITY CLERK OF THE CITY OF ANTIOCH  ATTACHMENT E RESOLUTION NO. 2024/** RESOLUTION OF THE ANTIOCH POLICE OVERSIGHT COMMISSION TO FORM THE COMPLAINTS, INTERNAL AFFAIRS, AND THE HIRING PROCESS AD HOC COMMITTEE FOR A PERIOD OF ___ MONTHS WHEREAS, on April 15, 2024, the Antioch Police Oversight Commission requested that City staff prepare a resolution establishing a Complaints, Internal Affairs, and the Hiring Process Ad Hoc Committee (the “Ad Hoc Committee”); WHEREAS, the purpose of the Ad Hoc Committee shall be _____________________________________________________________________; WHEREAS, the Antioch Police Oversight Commission plans to have the Ad Hoc Committee report back to the Antioch Police Oversight Commission prior to and upon its planned termination in ___ months to determine if the Ad Hoc Committee should become a standing committee on a specific subject matter on a continual basis, continue as an ad hoc committee for a limited period of time to address a specific need or purpose, or be terminated; and WHEREAS, the Antioch Police Oversight Commission seeks to confirm the appointment of committee members to the Complaints, Internal Affairs, and the Hiring Process Ad Hoc Committee. NOW, THEREFORE, BE IT RESOLVED by the Antioch Police Oversight Commission of the City of Antioch that _________________ and _________________ are appointed to the Complaints, Internal Affairs, and the Hiring Process Ad Hoc Committee, which shall work to _____________________________________ and report back to the Antioch Police Oversight Commission prior to and upon the ad hoc committee’s planned termination in ___ months. * * * * * * * * * * *  ATTACHMENT E I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Antioch Police Oversight Commission of the City of Antioch at a regular meeting thereof, held on the 6th day of May 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________________ ELIZABETH HOUSEHOLDER CITY CLERK OF THE CITY OF ANTIOCH  CITY OF ANTIOCH ANTIOCH POLICE OVERSIGHT COMMISSION REGULAR MEETING Regular Meeting April 15, 2024 6:30 P.M. City Council Chambers I. CALL TO ORDER AND ROLL CALL Chairperson Thurston called the meeting to order at 6:30 P.M. on Monday, April 15, 2024, in Council Chambers. Acting City Clerk Rosales called the roll. Present: Commissioners Lacey-Oha, Hadden, May, Spears, Williams, Vice Chairperson Taylor and Chairperson Thurston Staff: Acting City Manager, Kwame Reed City Attorney, Thomas Lloyd Smith Acting City Clerk, Vanessa Rosales Interim Police Chief, Brian Addington II. PLEDGE OF ALLEGIANCE Chairperson Thurston led the Pledge of Allegiance. III. APPROVAL OF THE ANTIOCH POLICE OVERSIGHT COMMISSION MEETING MINUTES OF APRIL 1, 2024 On motion by Commissioner May, seconded by Commissioner Hadden, the Antioch Police Oversight Commission unanimously approved the minutes of April 1, 2024. IV. NEW BUSINESS 1. INTERIM POLICE CHIEF BRIAN ADDINGTON’S COMMENTS Staff Presentation Interim Police Chief Addington provided brief comments regarding the formation of Ad Hoc Committees and recruitments for the Antioch Police Department (APD). Public Comment – None Discussion and Direction Interim Police Chief Addington provided responses to inquiries from the Antioch Police Oversight Committee (APOC) regarding his comments. 2. DISCUSSION ITEM: POLICY 310 – SPECIAL WEAPONS AND TACTICS & CRISIS NEGOTIATION TEAM III 05-06-24 Antioch Police Oversight Commission Regular Meeting April 15, 2024 Page 2 of 3 Staff Presentation Lieutenant Bittner gave a PowerPoint presentation of Policy 310 Special Weapons and Tactics & Crisis Negotiation Team. Public Comment – None Discussion and Direction Lieutenant Bittner provided responses to inquiries from the APOC regarding special weapons and tactics & crisis negotiation team. Chairperson Thurston thanked Lieutenant Bittner for the presentation and his service. 3. DISCUSSION ITEM: ANTIOCH POLICE DEPARTMENT – HIRING PROCESS Staff Presentation Captain Vigil gave a PowerPoint presentation of the APD Hiring Process. Public Comment The Commission received public comments from individuals who spoke on the APD Hiring Process. Discussion and Direction Captain Vigil provided responses to inquiries from the APOC regarding the APD Hiring Process. Chairperson Thurston thanked APD for the presentations this evening. V. PUBLIC COMMENTS The Commission received general public comments from several individuals including Rosalba Zendejas, Erika Raulston, Patricia Granados, Nichole Gardner, Facing Homelessness and Teki Flow, Reimagine Antioch. VI. UPCOMING/ FUTURE AGENDA ITEMS Discussion ensued regarding the APOC members’ priorities for future agenda items. There was a consensus to direct staff to bring back for the next meeting, the process for the creation of Ad Hoc Committees on the following topics: ➢ APD Budget ➢ Use of Force ➢ New APD Policies Antioch Police Oversight Commission Regular Meeting April 15, 2024 Page 3 of 3 ➢ Community Engagement ➢ Internal Affairs, Complaint Process and Hiring Process In response to Chairperson Thurston, City Attorney Smith stated future Commission agendas could include an item for Commissioners to report out on their Ad Hoc Committees. Following discussion, suggested items to be included for the next agenda were an overview of the National Standards of Constitutional Policing and a discussion on APOC's engagement with APD. VII. NEXT MEETING DATE – May 6, 2024, at 6:30 P.M. Chairperson Thurston announced the next meeting would be held at 6:30 P.M. on May 6, 2024. VIII. STAFF COMMUNICATIONS Acting City Manager Reed announced that there would be a report out on the current investigation of APD once that process was completed. City Attorney Smith stated he would prepare the Ad Hoc Committee staff report for the next meeting. In response to the Commission, Acting City Manager Reed and City Attorney Smith explained the intent of the current agenda structure. IX. ADJOURNMENT On motion by Commissioner May, seconded by Commissioner Hadden, the Antioch Police Oversight Commission unanimously adjourned at 8:55 P.M. Kitty Eiden KITTY EIDEN, Minutes Clerk