CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL
COUNCIL BILL NO. R-21-195 ENACTMENT NO. ________________________
SPONSORED BY: Cynthia D. Borrego and Lan Sena
RESOLUTION
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Directing That The Civilian Police Oversight Agency Provide A Training Compliance Report For Members Of The Civilian Police Oversight Agency Board With Respect To The Training Requirements Under The Court Approved Settlement Agreement With The United States Department Of Justice, And The Civilian Police Oversight Ordinance (Borrego, Sena)
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DIRECTING THAT THE CIVILIAN POLICE OVERSIGHT AGENCY PROVIDE A TRAINING COMPLIANCE REPORT FOR MEMBERS OF THE CIVILIAN POLICE OVERSIGHT AGENCY BOARD WITH RESPECT TO THE TRAINING REQUIREMENTS UNDER THE COURT APPROVED SETTLEMENT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, AND THE CIVILIAN POLICE OVERSIGHT ORDINANCE.
WHEREAS, The Council understands that a properly conceived and functioning police oversight system is necessary to promote accountability of police officers and protect the rights of civilians; and
WHEREAS, In 2014, the city received findings of an investigation by the United States Department of Justice that in part concluded that the city's external oversight system contributed to overall systemic problems with the Police Department's use of force in encounters with civilians; and
WHEREAS, In 2014, the Council recognized that the City of Albuquerque deserves a highly professional well trained Police Department; however, an effective oversight function had not yet evolved to the satisfaction of the community's needs; and
WHEREAS, In 2014, the Council abolished the Police Oversight Commission and replaced it with a Civilian Police Oversight Agency pursuant to Ordinance 9-4-1-1, known as the Civilian Police Oversight Ordinance; and
WHEREAS, In 2014, the City also entered into a Court Approved Settlement Agreement (CASA) with the United States Department of Justice and the CASA remains in effect; and
WHEREAS, The CASA has numerous requirements that the parties, including the City of Albuquerque, have agreed to enforce including twenty-paragraphs dedicated solely to the Civilian Police Oversight Agency (CPOA); and
WHEREAS, Three paragraphs of the CASA, paragraphs 274-276, deal with the specific training requirements and timeframes for completion of training for individuals appointed to serve on the agency; and
WHEREAS, Section 9-4-1-5 of the Civilian Police Oversight Ordinance created the Police Oversight Board of the Civilian Police Oversight Agency and establishes processes for appointments of new members by the Council, qualifications for members, and training requirements for members of the Board; and
WHEREAS, The most recent report of the Independent Monitor (IMR-13) released in May 2021 found the Civilian Police Oversight Agency out of operational compliance with the training requirements of paragraphs 274 and 275 of the CASA; and
WHEREAS, Internal City records suggest that as of the drafting of this Resolution, none of the Civilian Police Oversight Board members, except for members Johnson and Ralph who were recently appointed to the Board, are in full compliance with the training requirements of the CASA; and
WHEREAS, Section 9-4-1-5 (E) of the Civilian Police Oversight Agency allows for the removal of members for cause by a two thirds majority vote of the Board itself or of the Council.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. The Civilian Police Oversight Agency provided a report documenting the training status of each Board member. The City Legal Department shall evaluate this submittal and report back to the City Council with a written analysis of training compliance for Board members by the October 18, 2021 meeting of the City Council.
Section 2. The members of the Civilian Police Oversight Agency are invited to comment on and discuss training at the time that the report called for in Section 1, above, is considered to address any non-compliances outlined in the report and to discuss timelines and pathways toward achieving compliance as soon as possible.