PAB Bylaws

ARTICLE 1 – NAME AND PURPOSE

Pursuant to direction from Chancellor Linda P.B. Katehi, a Police Accountability Board (PAB) has been established whose purpose is to promote accountability, trust, and communication between the University of California, Davis (UCD) community and the UCD Police Department (UCDPD) by independently reviewing and making recommendations regarding investigations of complaints made by members of the campus community and the general public (also referred to as civilian complaints) in a fair and unbiased manner. 

ARTICLE 2 – QUALIFICATIONS

PAB members and alternates must:  (1) commit the necessary time throughout the year for PAB training and meetings; (2) prepare and read the appropriate materials in connection with making recommendations; and (3) maintain ethical standards, including confidentiality.  Alternates need not attend meetings or review investigation materials if the PAB member will be in attendance.

ARTICLE 3 – COMPOSITION

The PAB shall be comprised of seven (7) members who broadly represent the diversity of the UCD community.  The PAB shall include:

 Two (2) undergraduate students;

One (1) graduate student;

One (1) faculty member;

One (1) staff member; and

Two (2) health system members (who can be students, faculty or staff). 

 The following organizations may submit nominations for representation on the PAB:

Academic Federation

Academic Senate

Associated Students of UCD

Graduate Student Association

Staff Assembly

Student Life

UCD Health System

ARTICLE 4 – NOMINATIONS, SELECTION AND ALTERNATES

The organizations identified in Article 3 may nominate a representative to the PAB, utilizing each organization’s respective nomination process.  Each organization will provide at least two (2) nominees.  The Associate Executive Vice Chancellor (AEVC) of Campus Community Relations will select one (1) PAB representative and one (1) alternate from the organizations’ nominees, which will result in seven (7) PAB members and seven (7) alternates.  All fourteen (14) representatives will participate in training and each can have access to the confidential investigation reports and attend meetings.  Alternates will only participate and vote in meetings when the PAB member representing his or her organization is absent. 

ARTICLE 5 – TERMS

Generally, the inaugural PAB members and alternates shall serve two- (2) year terms that will expire at the conclusion of this pilot, except in circumstances where the member or alternate will not be a qualifying representative of his or her organization for the entire period of the pilot.  For example, a senior graduating in 2014 or a faculty member retiring in early 2015 would not be eligible to serve for the entire two- (2) year term.  The AEVC of Campus Community Relations will work with the various organizations to maintain both a member and an alternate representative.

ARTICLE 6 – OFFICERS

At its inaugural meeting, the PAB shall elect one (1) of its members as the Chairperson and one (1) as the Vice-Chairperson (who shall preside only in the Chairperson’s absence).  Officers shall be elected annually and hold office for one (1) year terms. 

ARTICLE 7 – ETHICS

The PAB will be governed by the attached Code of Ethics, which is modeled on the Code of Ethics developed by the National Association for Civilian Oversight of Law Enforcement (NACOLE). 

ARTICLE 8 – REMOVAL

The appointment of any PAB member who has been absent from three (3) consecutive regular or special meetings shall automatically terminate effective on the third such absence. 

Any breach of the PAB’s Code of Ethics will be cause for review.  The AEVC of Campus Community Relations may remove a PAB member or alternate for cause, including transgressions of policy, confidentiality, or ethical standards. 

ARTICLE 9 – QUORUM AND VOTING

Five (5) members shall constitute a quorum.  Decisions of the PAB shall be made by vote of a majority of the members in attendance provided that a quorum exists. Alternates will only vote in meetings when the PAB member representing his or her organization is absent. 

ARTICLE 10 – RECUSAL

PAB members must recuse themselves from a matter when (1) an actual conflict of interest exists; (2) there is an appearance of impropriety; or (3) a member is concerned with whether he or she can participate objectively and in an unbiased manner. 

ARTICLE 11 – TRAINING AND CONFIDENTIALITY COMMITMENTS

PAB members and alternates shall receive training developed by the Office of Campus Community Relations regarding police procedures, relevant legal issues, impartiality, the confidential nature of police misconduct investigations and discipline, and the civilian oversight field.  PAB members will also have the opportunity to accompany members of the UCDPD on a ride along.

Each member shall execute a confidentiality agreement. 

ARTICLE 12 – PAB POWERS AND DUTIES

The PAB will:

(1)        Review relevant UCDPD policies and procedures and all investigation reports submitted regarding complaints made by members of campus community and the general public against the UCDPD.  The PAB will not review any complaints filed by UCDPD employees. 

(2)        Solicit public input by holding regularly scheduled and advertised meetings at least quarterly, which shall include time for public comment.  Additional meetings shall be scheduled on an as-needed basis.

(3)        Run its meetings utilizing Roberts Rules of Order as a guide.

(4)        Review and deliberate in closed session, consistent with applicable law, to protect the confidential nature of the complaints and investigation reports.

(5)        Submit advisory recommendations to the Chief of Police regarding (1) UCDPD policies and procedures and (2) the findings of investigation reports.  The Chief of Police, however, retains full and final authority, discretion, and responsibility regarding the ultimate disposition of the matter, including disciplinary determinations and whether to accept, reject or modify the PAB’s recommendations.

 (6)        Prepare an annual public report for the UCD community and the public as detailed further in Article 13.

ARTICLE 13 – REPORTING

In the interests of transparency and accountability, and in conformity with Penal Code section 832.7, the PAB shall issue an annual, public report detailing summary information and statistical data regarding the number of complaints filed, the type of complaints filed, analysis of trends or patterns, the ultimate disposition of the complaints (sustained, not sustained, exonerated, or unfounded), and the percentage of complaints in which the recommendations of the PAB were either accepted, rejected or modified by the Chief of Police.

ARTICLE 14 – PILOT

The term of this two- (2) year pilot PAB shall sunset on June 30, 2016.

ARTICLE 15 – AMENDMENT

After consultation with the PAB, these bylaws and any amendments or supplements thereto may be adopted, amended, altered, supplemented or repealed by UCD during or at the conclusion of the pilot period.

4/1/15