HomeMy WebLinkAbout22 - Police Department ReviewCITY OF NEWPORT BEACH
Office of the City Manager
November 9,1998
Agenda Item No. 22
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dennis Danner, Acting City Manager
SUBJECT: POLICE DEPARTMENT REVIEW
DISCUSSION:
In a memo dated October 26, 1998, Councilmember Hedges requested that an item be placed on
the November 9, 1998 City Council Agenda, initiating an independent review of the Police
Department's procedures used to investigate incidents which could lead to potential City
liability. He stated he was "not suggesting there is anything wrong in the Police Department,"
but was only responding to a prior experience when he was named as a defendant in a lawsuit
(based upon his position as a Councilmember). One of the allegations in that matter suggested
that the Council (at that time), had failed to carryout their oversight responsibilities.
Specifically, Councilmember Hedges requested the review should include:
• Procedures used by the Police Department to evaluate incidents that are subject to
investigation because of possible civil liability.
• Procedures and practices used by the Police Department to investigate incidents with a focus
on the extent to which the investigation is, or should be, conducted or reviewed by outside
agencies or individuals.
• Procedures and practices related to the communication of these incidents to the Police Chief
with emphasis on the speed and depth of communication.
• The corrective action taken by the Chief of Police when investigations have revealed
personnel misconduct, or inadequate procedures, training, or supervisorial oversight.
• The Department's corrective response to problems and issues identified in the previous audit
commissioned by the City of Newport Beach.
• Procedures and practices related to the communication of incidents with potential public
liability to the Risk Manager, City Attorney, City Manager, and City Council.
Included in Councilmember Hedges' memo, was a request for the City Council to receive a
report of incidents that have occurred during the past five years that led to claims being filed
against the City. Chief McDonell has been working on a report that summarizes similar
information as part of an on -going review of Department operations. Included in that report, will
be a copy of a "pre- claims investigation" process, which has been in place in the Department for
many years (and which was recently revised with input from the City Attorney's Office). A
review of that existing procedure should address a number of Councilmember Hedges'
questions. The report will be finalized within the next 30 days, once the remaining data is
provided by the City's Claims Adjuster and audited.
RECOMMENDATION:
• Direct staff to submit Chief McDonell's report within the next 30 days for City Council
review and follow -up action as deemed appropriate; or
• Authorize the Acting City Manager to prepare a Request for Proposal (RFP) to retain a
consultant to perform an independent review of procedures used by the Police Department to
investigate incidents with potential City liability.
memo 11/03/98 7:33 AM