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Police commission delays vote on revised general order; will refine language about commission's power
Summary
Commissioners and the city attorney discussed proposed revisions to Department General Order 3.01 (written communications). Commissioners sought explicit language that the commission may initiate and adopt general orders; the item was continued to June 2 so city attorney language can be vetted.
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The Police Commission heard a presentation from the department's legal division on proposed revisions to Department General Order 3.01, addressing how department and unit general orders are prepared and reviewed. Lieutenant Simon Feldman said the legal division prepared the draft to address past inconsistencies between departmental and unit-level directives.
Commissioner James Hammer proposed adding language to make explicit that "the commission may also adopt a department general order (DGO) on its own initiative after notice and public hearing." Deputy City Attorney Belinda Ross said the commission does have the authority to initiate a general order but suggested the commission consider what internal process it would follow before exercising that authority.
Commissioners debated placement of the language and whether the addition was necessary if other DGOs already reference commission powers. Given the legal nuances and the desire to have vetted language, the commission agreed not to vote on the order tonight and to continue the item to June 2 to allow the city attorney's office and commissioners to prepare final language.
Public commenters raised concerns about unit authority and the balance between police and commission oversight.
Next step: Item 4 will return on June 2 with proposed language drafted with input from the city attorney's office and Commissioner Hammer.
Sources: Lieutenant Simon Feldman (legal division), Deputy City Attorney Belinda Ross, Commissioner James Hammer; May 19 Police Commission meeting.
