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November 3, 2020 — California General Election
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Local

City of San Jose
Measure G - Majority Approval Required

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Shall the City Charter be amended to: expand the Independent Police Auditor's oversight, including review of officer-involved shootings and use of force incidents causing death or great bodily injury, review of department-initiated investigations against officers, and other technical amendments; increase the Planning Commission to 11 members with Council appointing one member from each Council District and one "at-large" member; and allow the Council to establish timelines for redistricting when Census results are late?

What is this proposal?

Pros & Cons — Unbiased explanation with arguments for and against

Information provided by League of Women Voters of San Jose/Santa Clara

The Question

Shall the City Charter be amended to: expand the Independent Police Auditor’s oversight, to include review of officer-involved shootings and use of force incidents causing death or great bodily injury, review of department-initiated investigations against officers, and to allow the City Council to assign other IPA duties; increase the Planning Commission to 11 members with Council appointing one member from each Council District and one “at-large” member; and allow the Council to establish timelines for redistricting when Census results are late?

The Situation

This measure has three topics which change the San Jose City Charter:

Independent Police Auditor:

The Independent Police Auditor (IPA) is appointed by the Council for a 4-year term.  The IPA

a)      reviews Police Department (PD) investigation of complaints against police officers to determine if the investigation was complete, thorough, objective and fair;

b)     recommends changes to PD policies and procedures based on those reviews; and 

c)     conducts public outreach to educate the community on his or her role and to assist the community with the process and procedures for investigation of complaints against police officers.

Planning Commission:

The City’s Planning Commission has 7 members appointed by the Council who must have been

a)     a US citizen for at least 1 year and during incumbency;  

b)     a resident of the City for at least 1 year and during incumbency; and

c)     a registered voter of the City. 

They make recommendations to the Council regarding:

a)     future physical development; 

b)     land use and development regulations, including zoning and subdivision regulations;

c)     redevelopment, rehabilitation, or renewal; and

d)     capital improvement programs;

e)     and exercise other powers and perform other functions and duties as given by the Council.

Redistricting Timeline:

 

To elect members of the City Council, excepting Mayor, the Council is divided into 10 city districts as nearly equal in population as practicable.  Following each decennial census the Council must re-define the districts to become equal in population. By no later than February 1 of the year following the decennial census, the Council appoints an Advisory Commission that reflects the ethnic makeup of the City at large, one from each district and a Chairperson, to recommend a redistricting plan to the Council within 120 days of appointment.  It begins its work following receipt by the City Clerk of the enumeration of the population by blocks, and it must be completed and enacted not later than October 1 in the year following the decennial census; at least 3 public hearings must be conducted.  The Council shall make the Districts as nearly equal in population as practicable and may, in considering boundaries, give consideration to natural boundaries, street lines or City boundaries; geography; cohesiveness, contiguity, integrity and compactness of territory; and community of interests within each District.

The Proposal

Independent Police Auditor:

 

This measure would add to the IPA’s authority by allowing:

 

·       Review of administrative investigations initiated by the PD against police officers;

·       In order to make recommendations to the PD on policies and procedures, review of:

  • unredacted police records related to officer-involved shootings and use of force incidents resulting in death or great bodily injury, even without a complaint, once criminal or administrative investigation is complete; and
  • redacted police records including body cam, use of force statistics, and police reports if directly related to a topic under investigation or part of a work plan submitted to the Council, if officer names and other personally identifiable information are redacted; and

 ·       Enter into contracts consistent with the Charter and Council authorization.

 The City Council could assign other duties to the IPA consistent with the Charter, subject to requirements to meet and confer with employee organizations.

 

Planning Commission:

 

Shall consist of 11 members, with one member appointed from each Council District and one member appointed as an “at large” member.  The eighth and ninth member would serve for a term ending June 30, 2022 and the tenth and eleventh member for a term ending June 30, 2024.

Redistricting Timeline:

 

The Council may enact an ordinance to adjust the deadline if the results of the federal decennial census are not delivered to the states by April 1 of the year following the census.  The Advisory Commission’s report and recommendations to the Council must be submitted by the time prescribed by the Council, rather than the fixed 120 days, although if the Council fails to prescribe a time, then the 120-day limit applies.

Fiscal effect

No fiscal effects were identified in the City Attorney’s Impartial Analysis.

Supporters say

  • Measure G will expand independent oversight of the SJPD, enabling the IPA to hold officers accountable, exposing areas of for improvement, and increasing trust between our community and our police, by mandating review of use of force resulting in serious injury or death and providing broader access to records.
  •  It will make SJ government more inclusive and accountable by ensuring that each district has representation on the Planning Commission.
  • It will ensure that every SJ resident will be heard and counted by making redistricting deadlines more flexible.

 

 

Opponents say

No argument against this measure was submitted.

Measure Details — Official information about this measure

Impartial analysis / Proposal

Nora Frimann, Acting City Attorney, City of San Jose

 

Measure G was placed on the ballot b the City Council and, if approved by the voters, would amend the City Charter to expand the authority of the Independent Police auditor (“IPA”), change the Planning Commissions’ size and composition, and allow the Council to establish different timelines for redistricting if Census results are late.

 

Independent Police Auditor

 

Currently, the Charter specifies the IPA’s duties as follows:

 

·         Review complaints from members of the public against police officers to determines if the investigation was complete, thorough, objective and fair;

·         Make recommendations regarding San Jose Poice department policies and procedures from its review of investigations; and

·         Conduct outreach to educate the public on the IPA’s role and assist the community on investigation procedures.

·          

Measure G would amend the IPA’s duties under the Charter to add the authority to:

 

·         Review administrative investigations initiated by the Police Department against police officers;

·         Permit the IPA to review unredacted police records related to officer-involved shootings and use of force incidents resulting in death or great bodily injury, even without a complaint, and review redacted police records if certain criteria are met, in order to make recommendations to the Police Department on policies and procedures; and

·         Enter into contacts consistent with the Charter and council authorization.

 

Finally, Measure G would allow the City Council to assign other duties to the IPA consistent with the Charter, Subject to any requirement to meet and confer with the recognized employee organization for police officers including any impasse procedures.

 

Planning Commission

 

Under the Charter, the planning commission is composed of 7 at-large members appointed by the Council.

 

Measure G would amend the charter to increase the Planning commission to 11 members with one member appointed by the council from each Council District and one at-large member. To allow for staggered terms, the eighth and ninth member would serve for a term ending June 30, 2022 and the tenth and eleventh member would serve for a term ending June 30 2024.

 

Redistricting

 

The Charter establishes the redistricting process for Council District following the completion of the Census. The Charter requires the Council to appoint an Advisory Commission by February1 in the year after the Census. The Advisory Commission is to study and make recommendations on District boundaries, hold three public hearings concerning its recommendations, and submit a report to the Council within 120 days of appointment. The Charter requires the Council to consider this report and adopt and ordinances to redistrict District boundaries by October 31 in the year after the Census.

Measure G would amend the Charter to permit the Council, by ordinance, to adjust the timeline to enact the redistricting ordinance if the results of the Census are delivered after April 1, and permit the Council to establish the timeframe for the Advisory Commission to submit its report and recommendations. If the Council does not establish a specific timeframe, however, the Advisory Commission will have to submit its report to the Council within 120 days following appointment.

 

A “Yes” vote is a vote to amend the Charter.

 

A “No” vote is a vote to not amend the Charter.

 
   
 

 

 

 
   
 

 

 
   


 



Published Arguments — Arguments for and against the ballot measure

Arguments FOR

The reforms of Measure G will make police more accountable, engage more diverse voices in city government, and ensure fair representation for every San José resident.

 

 

 

First Measure G will expand independent oversight of the San José Police Department, enabling the Independent police auditor to hold officers accountable, exposing areas for improvement, and increasing trust between our community and our police by:

 

 

 

  • Mandating the Independent Police Auditor review every officer’s use of force that results in serious injury or death—inducing all officer-involved    shootings,
  • · Providing the Independent Police auditor broader access to police reports, data, and body-worn camera footage and
  • · Enabling the city Council to expand the duties and authority of the Independent Police Auditor to address the changing landscape of police accountability in the future.
  •  

 

Measure G also makes San José government more inclusive and accountable by ensuring that every district in our city has representation on our Planning Commission, which considers applications for new development and permits, hears neighborhood input, and offers recommendation to t he Council. It also expands the Planning Commission from 7 members to 11.

 

 

 

Finally, Measure G ensures that every San José resident will be heard and counted. Where federal census returns arrive late—as expected next year—Measure G allow for flexibility in redistricting timelines to ensure fair representation of every resident and neighborhood on the City Council.

 

 

 

That’s why a broad, bipartisan coalition of labor unions, businesses, Democrats, Republicans, teachers, nurses and neighbors support Measure G. Yes on Measure G is supported by People Acting in Community Together )PACT), Asian Americans for Community Involvement (AACI) and many other respected community organizations, and was placed on the ballot by a unanimous City Council vote.

 

 

 

Vote Yes on Measure G to make San José more accountable, inclusive, and equitable.

 

 

 

www.SJsaysYesonG.com

 

 

 

 

Arguments AGAINST

There were no con arguments filed.

More information

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Who supports or opposes this measure?

Yes on Measure G

Organizations (1)

Elected & Appointed Officials (0)
No on Measure G
Organizations (0)
Elected & Appointed Officials (0)

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