CITY OF BEVERLY HILLS HUMAN SERVICES DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: ATTACHMENT: Human Relations Commission

Transcription

1 Budget Rent City May 2018 CITY OF BEVERLY HILLS HUMAN SERVICES DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: ATTACHMENT: Human Relations Commission James R. Latta, L.C.S.W., Human Seices Administrator Mayl7,2018 Administrator s Report Community Events and Related Commission Information Staff will provide updates on the following: Update regarding Rangers and Ambassadors Stabilization Update: Helen Morales will be joining the City as the first Deputy Director of Rent Stabilization on May 14, 2018 of Beverly Hills Police Department Personnel Complaint Procedure (see attached form) 8, 2018-Update on a Proposal Ordinance Addressing Loud and Unruly Gatherings Commission calendar. 5/17/2018 HRC Administrator s Report

2 FAX: (310) PHONE: (310) Chief of Police Chief of Poiice, at (310) Any questions regarding the complaint procedure may be directed to the Executive Officer, Office of the employee s commanding officer. The commanding officer will then make his recommendation to the Chief possible. This complaint will then be investigated thoroughly and in a timely and professional manner. and preservation of any physical evidence or any other information related to the incident. The findings notified of the final decision in writing. of Police who will render a final decision concerning ail aspects of the complaint. The complainant will be concerning each allegation will then be examined in an as objective and fair manner as possible by the The supervisor receiving the complaint will ask the complainant to provide as much information as The investigation will consist of taking formal statements from all persons involved and the gathering complaints concerning the interactions of City employees with the public. so with the City of Beverly Hills, Human Relations Commission, who has the authority to receive citizen As an alternative, citizens not wishing to file a complaint directly with the Police Department, may do alternatively verbally complain to a supervisor who will then make a written record of the complaint. Pursuant to California Penal Code Section 148.6, complainants are requited to read and sign an Advisory complainant at the time they make the complaint. Form which is incorporated in the Personnel Complaint Report. This form may be obtained from the Although a complainant will be asked to complete a upersonnel Complaint Report, the complainant may Complaints of misconduct may be lodged at any time to a supervisor of the Beverly Hills Police Department. watch commander or his designee. A duplicate copy of the written complaint form will be given to the In those situations, therefore, wherein members of the public have valid complaints against members of procedures that will not only protect officers from unwarranted charges when they in fact discharge their the Department, they are encouraged to register these complaints. duties properly, but will also subject them to corrective action when they conduct themselves improperly. The Department also acknowledges its responsibility to establish a system of complaint and disciplinary manner without fear of reprisal. However, the police must respect meticulously the tights of all citizens. to exercise their best judgment and to initiate law enforcement action in a reasonable, lawful and impartial ist between the police and the public. In order to promote effective law enforcement, officers must be free It is the policy of the Beverly Hills Police Department that a mutual relationship of trust and confidence ex PERSONNEL COMPLAINT PROCEDURE POLICE DEPARTMENT City of Beverly Hills 464 N. Rexford Drive Beverly Hills, CA POLICE DEPARTMENT SANDRA SPAGNOLI

3 Name of Complainant Phone Personnel Complaint Report POLICE.TMENT Yellow Copy to Complainant Complain ant Date California that the foregoing is true and correct. YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZEN S require the complainant to read and sign the following information advisory, all in boldface type: Per California Penal Code 148.6, any law enforcement agency accepting an allegation of misconduct against a peace officer shall Forwarded to Date Supervisor Accepting Complaint Date Address Witness Name Phone( Address Witness Name Phone Officer(s) (if known) Location of Occurrence Nature of the Complaint DatejTime Reported Date/lime Occurred Business Address Bus. Phone Address City Zip Cell Phone Form of Identification (Driver s License or ID.) I have read and understand the above statement and hereby declare under penalty of perjury under the laws of the State of DISTRIBUTION: White Copy to Concerned Division Commander and Executive Officer City o1eeveriy Hills : q,

4 Personnel Complaint Report Continuation Sheet Revised by PSU 03/16 Yellow Copy to Complainant DISTRIBUTION: White Copy to Concerned Division Commander and Executive Officer Complainant s Signature Today s Date Check if there are additional pages. Page of POLICE TMENT City of 1Beve ly Hilts

5 Page 1 of3 Loud noise or music from any source that results in a violation of the noise Obstruction of a street or other public right of way (as defined in Section of The service of alcohol to minors; Assaults, batteries, fights, domestic violence or other disturbances of the peace; Vandalism or destruction of real or personal property; DISCUSSION BACKGROUND real property or on a public right of way; following is a list of examples: On August 2017, City Council directed staff to develop a policy that would address loud Littering of any trash, debris, bottles, cans or other items of personal property on Public intoxication or drinking in public; Possession and/or consumption of alcohol by minors; regarding special event permits are not applicable in residential areas. Noise complaints master permit for private parties in residential areas. Also, current code provision neighborhoods during large gatherings. updates on loud and unruly gatherings. residences from excessive noise and public nuisance issues that negatively impact the and unruly gatherings in the City. This report is for information only and provides The main objective of the proposed new municipal code is to protect Beverly Hills Various permits are required by the City related to assemblies, but currently there is no remain the most common issue associated with parties. Many public nuisance issues and crimes regularly occur in the neighborhood where an unruly party takes place; the this Code), or a portion thereof, with vehicles or pedestrians; regulations contained in Chapter 1 of TitleS of this Code; INTRODUCTION Attachments: None Subject: Update on a Proposed Ordinance Addressing Loud and Unruly David Hamel, Lieutenant From: Sandra Spagnoli, Chief of Police To: Honorable Mayor & City Council Gatherings Meeting Date: May 8, 2018 STAFF REPORT HILLS BEVERLY

6 The Police Department receives a large number of calls for loud and disruptive parties in party. real property or on a public right of way; Littering of any trash, debris, bottles, cans or other items of personal property on Urinating or defecating in public are encountered when dealing with an unruly Page2of3 5/3/2018 determine if the complaining party is willing to be contacted by the Police and sign a escalating fines for repeated responses to the same party. gatherings, Minor, Owner, Residential Unit, and Responsible Person. effective course of action based on the totality of the situation. The officers must first When officers arrive on-scene, they must assess the situation and determine the most PC and requires the complaining party to sign a citizen s arrest in order for the The next possible remedy is to modify the current municipal code sections. The existing related issues. These sections have a nominal fine that does little to dissuade a violator The ordinance would clearly define key terms including, loud or unruly person to cause or allow a loud or unruly gathering to occur at any residential gathering occurs that contain specific language prohibiting the activities gathering, shall not be liable under this article. guests entering the location on notice that they may be subject to fines given as a result repeated responses to the same location. In an effort to make enforcement mote unmanageable tenant(s) or responsible person(s) for a loud or unruly posted within public view at the residential unit of the loud or unruly gathering. described in this article; and (2) demonstrated due diligence in abating an lease or rental agreement for the premises on which a loud or unruly A. Any owner who does not reside within the residential unit at the time a loud or 4. Absentee Owner -- Liability Exceptions When a peace officer is called to a loud or unruly gathering, a notice shall be 3. Posting of Notice Regarding Loud or Unruly Gathering unit within the City. It shall be unlawful and constitute a public nuisance for any owner or responsible 2. Loud or Unruly Gathering Public Nuisance 1. Definitions Proposed Ordinance Provisions from repeat offenses. Determining at what moment the Code has been violated is the of any future violations at the location within a stated time-period. Key provisions include those discussed in items (1)through (4) below. Police Department to take action. Generally, most citizens want to remain anonymous. 10 PM and 5 AM. which many are repeat calls to the same location. Almost all such calls occur between formal complaint. The California Penal Code provides a section for disturbing the peace municipal codes ( / BHMC) applies only to loud music and not to the other effective, and less subjective, the Police considered regulations utilized in other cities, to main difficulty in enforcing the City s noise regulations; which is one of the reasons for Additionally, once the location is physically posted for a violation, it places the host and include that the party s host is wholly responsible for an unruly party and is subject to unruly gathering occurs and has: (1) included covenants within the written Meeting Date: May 8, 2018

7 may file a written petition with the Chief of Police, or designee, requesting day period. permission to remove a posted notice prior to the expiration of the ninety (90) lease or rental agreement with a tenant for the residential unit and had the same residential unit posted with a notice pursuant to Section (A) B. Any owner who does not reside within the residential unit who has a written Page 3 of 3 5/3/2018 Approved By Sandia Spagnoli, Chief of Police CL12d ordinance and fines will be presented in June RECOMMENDATION This report as it is for informational purposes only and a formal presentation on the draft the proposed fine/cost recovery structure. those fines could be imposed in Beverly Hills. Staff will return to the City Council with law, and if police/fire can impose cost recovery. Staff is reviewing other cities that have a The fine structure is currently under review to determine the maximum fine allowable by significant fine structure (City of Los Angeles and City of Newport Beach) to determine if FISCAL IMPACT future violations at the location within a stated time-period. guests entering the location on notice that they may be subject to fines as a result of any Once the location is physically posted for a violation by the Officer, it places the host and Proposed Enforcement Method validity of proceedings conducted hereunder. C. Failure to receive any notice specified in this article does not affect the Meeting Date: May 8, 2018

8 TO: MEMORANDUM HUMAN SERVICES DIVISION Human Relations Commission Calendar for /1 7/2018 HRC Calendar for Regular Meetings March 21, 2019 October 18, 2018 November 15, 2018 February 21, 2019 am. am. a.m. a.m. - a.m September 20, 2018 December20, 2018 Cancelled June 21, 2018 January 17, 2019 August 16, 2018 July 19, Please advise staff if you are unable to attend. The Human Relations Commission meetings are held the third Thursday of the month at am in City Hall Room 280A unless otherwise noted. Information only. SUBJECT: Regular Meetings DATE: May 17, 2018 FROM: Linda Kyriazi, Recording Secretary CITY OF BEVERLY HILLS