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San Diego police oversight ordinance advances, police union review next step

A San Diego Police SUV is parked outside the San Diego Convention Center during Comic-Con Special Edition. San Diego, Calif. Nov. 27, 2021.
Ben Lacy / KPBS
A San Diego Police SUV is parked outside the San Diego Convention Center during Comic-Con Special Edition. San Diego, Calif. Nov. 27, 2021.

The San Diego City Council voted unanimously Monday to officially discuss a draft of the ordinance establishing the Commission on Police Practices (CPP) with the city’s police union as part of the collective bargaining process.

In 2020, San Diego voters overwhelmingly passed Measure B, which established the CPP. The new commission replaces the city’s Community Review Board on Police Practices and, unlike its predecessor, will have subpoena power and more independence from the police department.

Before the City Council can adopt an ordinance to implement the commission, state law requires that it must allow the police union to review the impacts the policy will have on police officers.

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During public comment, community members and organizations — including Mid-City CAN and San Diegans for Justice — called to protest the inclusion of collective bargaining language in the CPP ordinance.

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“San Diegans for Justice is fully supportive of the police union’s collective bargaining rights,” said Andrea St. Julian, co-chair of San Diegans for Justice and author of Measure B. “But we want to make sure the Commission remains independent.”

Councilmember Monica Montgomery Steppe, who has overseen the CPP implementation process, said it’s crucial that the city follow the letter of the law, including collective bargaining rights.

“It’s a good draft that is consistent with local and state law that is going to help the commission forward as it was intended by voters,” she said. “In my mind, transparency is transparency. Period. Whether we like what we see or hear or not.”

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Councilmember Marni von Wilpert recommended additional language, which would bar anyone who has been convicted of a violent crime against a government employee or official from serving on the commission. Council members approved this amendment in a 6-3 vote.

Councilmember Joe LaCava, Council President Sean Elo-Rivera, and Montgomery Steppe voted against it, citing concern that it could have unintended consequences of excluding people and unnecessarily elevating government officials to a special status.

Montgomery-Steppe proposed additional amendments in response to community input, including the inclusion of people with felonies and misdemeanors onto the commission, and a pathway for having community members recommend commissioners on a yearly basis.

Elo-Rivera successfully added an amendment that makes it possible for the city to reimburse CPP members for their expenses related to serving on the commission. This is important for youth members and those from diverse economic backgrounds, he said.

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"It is undoubtedly true as well that police officers have an abundance of power and accountability when that power is not utilized correctly — it is super important to make sure that we live up to our ideals as a country, as a city and just as as a society,” said Elo-Rivera.

San Diego police oversight ordinance advances, police union review next step

Council members will meet to discuss and amend the draft ordinance again after the meet-and confer-process with the union has taken place. For now, it’s a big step in a much longer process that could have a far-reaching impact on police oversight in San Diego.

“I was hoping we were going to clap,” said Elo-Rivera, after the vote took place and a few council members broke into applause. “Sometimes we should clap and I think that time we should clap for sure.”

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