Agenda Item AGENDA STAFF REPORT ASR Control 08-000139
MEETING DATE:	01/29/08
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	County Executive Office (Approved)
Department contact person(s):	Rob Richardson (714) 834-3481

Subject: An Ordinance Establishing the Office of Independent Review

ceo Concur	County Counsel Review		Clerk of the Board
Concur	Approved Ordinance to Form		Discussion
			3 Votes Board Majority
Budgeted: N/A		Current Year Cost: N/A		Annual Cost: N/A
Staffing Impact: No		# of Positions:		Sole Source: N/A
Current Fiscal Year Revenue: N/A
Funding Source: N/A
Prior Board Action: N/A

RECOMMENDED ACTION(S)

1.		Read Title of Ordinance.
2.		Order further reading of the ordinance be waived
3.		Consider the matter.
4.		Direct ordinance be placed on agenda for the next regularly scheduled Board meeting for adoption.
5.		At the next regularly scheduled meeting, consider the matter, and adopt the ordinance.
6.		Identify $750,000 to Fund Operations of the Office of Independent Review.
7.		Upon Board of Supervisors final approval of the Ordinance:
			a.	Direct the County Executive Officer to conduct a request for proposals solicitation seeking a contractor to provide the Office of Independent Review Services and return to the Board with a recommendation and contract within 60 days,
			b.	Direct the County Executive Officer, in concert with the Sheriff-Coroner, to identify office space for the Office of Independent Review.
8.	Direct the County Executive Officer to formulate a mechanism to mediate complaints and concerns from citizens that, in the discretion of the Executive Director of the OIR and the Sheriff-Coroner, do not rise to the level of incidents that would be reviewed by the OIR and return to the Board within 120 days

SUMMARY:

An Ordinance of the County of Orange, California, adding Article 18 to Division 2 of Title 1 of the Codified Ordinances to establish an Office of Independent Review

BACKGROUND INFORMATION:

Staff is recommending the adoption of an Ordinance of the County of Orange, California Establishing an Office Independent Review, (Exhibit 1).

The process to refine and develop the proposed Office of Independent Review (OIR) began on May 22, 2007. On that date, Supervisor Moorlach suggested that the County consider implementing a citizen law enforcement review board (CLERB) or some other mechanism to provide the Board of Supervisors with a public safety oversight mechanism. This concept, discussed during the Board of Supervisors meetings on July 24, 2007 and December 18, 2007. On the latter date, the Board directed that staff return to the Board of Supervisors with a model patterned after the Los Angeles County Office of Independent Review.

Since the initial Board direction, the County Executive Office has conducted a series of stakeholder meetings to gain input and to help refine the model chosen for third party independent oversight. Stakeholders have included staff from the District Attorney's Office, the Probation Department, the Sheriff-Coroner, County Counsel, Human Resources, and representatives from each Board office. Additionally, staff from various offices had the opportunity to visit the Los Angeles OIR and gain insights concerning the working relationship needed to provide increased oversight within the various legal parameters. Through this deliberative process, efforts were focused to develop a workable mechanism.

As an additional part of the concept development, the Board directed staff to meet and confer or meet and consult with the affected bargaining units. The initial meet and consult sessions took place with the Association of Orange County Deputy Sheriffs (AOCDS), the Orange County Employees Association (OCEA), the Orange County Managers Association (OCMA), the Association of County Law Enforcement Management (ACLEM), and the Orange County Attorney's Association (OCAA). Now that the language for the proposed Office of Independent Review (OIR) is in final form, meet and confer sessions will now take place with representatives from AOCDS, ACLEM, OCMA and OCEA, these four unions representing peace officer personnel in the Sheriff’s Department.

The recommended mechanism, detailed in the proposed ordinance attached to this ASR, calls for the establishment of an Office of Independent Review. The model includes the following features:

*	The OIR will include an Executive Director and staff as necessary
*	The Executive Director shall be a licensed attorney with at least three years experience in conducting of law enforcement personnel
*	The Executive Director will be selected by the Board of Supervisors with the counsel of an ad hoc committee that will include two members of the Board of Supervisors, the County Executive Officer or designee, the District Attorney or designee, the Sheriff -Coroner or designee, the County Counsel or designee, and the Executive Director of the Human Relations Commission

The OIR will:

*	Provide periodic status reports to the Board of Supervisors and public
*	In cooperation with the Sheriff-Coroner provide ongoing counsel concerning the inititation, structuring, and development of investigations conducted by the Internal Affairs unit of the Sheriff-Coroner
*	In cooperation with the Sheriff-Coroner, monitor investigations arising from complaints or custodial deaths and injuries; respond to investigation scenes; and provide advice and counsel to ensure thorough, unbiased, and impartial fact finding.
*	In cooperation with the Sheriff-Coroner review and analyze selected investigations by the I.A. unit to determine if departmental policies need to be re-examined to prevent reoccurrence of misconduct, and propose and make independent recommendations regarding the outcomes of investigations and reviews, and also revisions of policies, practices and procedures.
*	Devise and recommend mechanisms to provide positive recognition for employees performing duties in an exemplary fashion.
*	Set OIR philosophy to achieve goals of the Board of Superivosrs and the Sheriff-Coroner.

The OIR will conduct investigations pertaining to:

*	The uses of deadly force
*	Uses of force resulting in reasonably likely to result in death or serious bodily injury
*	Deaths and series bodily injuries occuring in custody.
*	Any misconduct not otherwise identified within this ordinance that the Executive Director and the Sheriff agree, by written protocol, should be reviewed.
*	Allegations set forth in citizen, peace officer or peace complaints involving various forms of misconduct detailed in the proposed ordinance.

The OIR will not:

*	Have subpoena power
*	Incur any County expense or obligate the County in any way with out authorization of the board of Supervisors
*	Disclose any information unauthorized by law.
*	Interfere with the statutory duties of the Coroner.
*	Make any written or oral report concerning any complaint to any person or body other than the Board of Supervisors, Sheriff-Coroner, or the public except as outlines in the proposed ordinance

Finally, a complaint form and log shall be established and shall be confidential.

The OIR Executive Director has the discretion to refer complaints to another entity selected by the Board for those matters that fall outside the scope of the OIR.

Next Steps:

The CEO recommends that a request for proposals process be initiated to seek proposals from organizations or groups as described in the ordinance as adopted. The CEO would propose returning to the Board with a recommendation and contract for Board consideration within 60 days.

Additionally, efforts to locate the Office of Independent Review in close proximity to the Sheriff-Coroner should commence as soon as is practical. CEO staff, working in concert with the Sheriff-Coroner, should identify appropriate space adjacent to or co-located with the Sheriff-Coroner to identify workable space for the OIR.

The CEO should be directed to formulate a mechanism to mediate complaints and concerns from citizens that, in the discretion of the Executive Director of the OIR and the Sheriff-Coroner, do not rise to the level of incidents that would be reviewed by the OIR. The Orange County Sheriff’s Department Internal Affairs receives about 250 complaints annually about deputy behavior internally from OCSD supervisors as well as externally from individuals and groups. Many of these complaints are not based on major misconduct warranting review from the Office of Independent Review, but fall into the category of poor communication, insensitivity, rudeness, misunderstanding or perceived unfair treatment.

Some of these cases involve representatives of diverse communities that may have preconceived notions of mistrust towards law enforcement, and various actions taken by deputies may be perceived as discriminatory. Likewise, some deputies may not understand how their actions are being perceived and may do things that would exacerbate the tension, mistrust and belief that unfair treatment is being meted out. In some cases these misunderstandings can unnecessarily agitate broader community relations as distrust and lack of a mechanism for reconciliation allow issues to smolder and relationships to deteriorate. A neutral mediation tool that facilitates reconciliation from outside the agency will provide a fair and objective venue for both parties to reach closure and rectify/clarify misunderstandings, intentions, facts and other matters pertaining to each individual case.

The Human Relations Commission has proposed an example of such a mechanism, including possible protocols and procedures that could be employed in the process.

The CEO requests and recommends Board direction to work with the Executive Director of the OIR, once one is chosen, Board offices, the Sheriff-Coroner, and the Human Relations Commission to develop a mediation/ombudsman/reconciliation program and protocols to address these cases: This shall be presented to the Board within 120 days.

FINANCIAL IMPACT:

$375,000 FY 2007-08; $750,000 FY 2008-09

STAFFING IMPACT:

N/A

EXHIBIT(S):

An Ordinance Establishing the Office of Independent Review.