The Albany Policing Commission held its monthly meeting on June 20, 2024. June’s meeting commenced with the regular roll call and acknowledgment of the city’s founding on Ohlone land.

The meeting swiftly moved to an update from the Consultant Qualification Subcommittee, consisting of Commissioners Gregory Downs, Alex Li, and Brian Johns. The subcommittee was tasked with proposing the necessary qualifications for an external consultant, if one should ever be needed to investigate credible allegations of police misconduct.

Alex Li

According to Li, the subcommittee met with Albany Police Chief John Geisburger, who provided guidance on what types of complaints would need independent investigation. He referred the subcommittee to the Municipal Resource Group (MRG), whose consultants have the qualifications and expertise to conduct inquiries into alleged misconduct. The subcommittee also met with Fred Deltorchio from the MRG. Deltorchio has worked with the city on investigations in the past. In the two meetings with him, he also advised the subcommittee on how to create a process, etc. to recommend to Council for engaging external support for investigations that would be professional, legal, fair, and also uphold the appearance of independence. The subcommittee has requested meetings with the City Attorney and Manager, as well as the Peace Officers Association to discuss the subcommittee’s progress, but these meetings have yet to be scheduled.

For the subcommittee, Li then presented the following: four recommendations and processes for engaging an external consultant; consultant qualifications; and complaints and their investigation.

First, if there is a complaint, the Police Chief will brief the Policing Commission and provide a recommendation on whether an independent investigation is needed. If the Chief recommends an external investigator be brought in, and the Commission agrees with the Chief, the process will continue with a Commission recommendation also presented to Council. In the event there is disagreement, the Commission will send its own recommendation to Council.

If an outside consultant is needed, the Commission suggested continuing with the MRG and Fred Deltorchio due to their positive track record with Albany. If that is not possible, the Commission would be involved in the search for another independent consultant.

In the event an outside consultant performs the investigation, the Commission will be informed of the findings, which they will discuss with the Chief. Based on these findings, the Commission will vote on what to communicate to Council; it will support reporting the Commission’s and the Chief’s perspectives to Council. Li added that it will be imperative that all information given to the Commission in Executive Sessions be held confidential; Commissioners will be subjected to censure or removal if confidentiality is breached. The full report on the process is also available.

After Li’s summary, Commissioners  commented on and suggested how the recommendation could be changed based on the Commission’s work plan and the Commission’s purpose as defined by the Council. This included taking out the “Whereas” clauses in the recommendation.

Some Commissioners wanted to take action on the recommendation presented, but were advised by staff not to take action due to the wording “discussion and possible action” versus “action” by the item on the agenda (item seven) on the meeting agenda. City Clerk Anne Hsu proposed two ways to move forward: make a motion and vote, only for it to be nullified due to the use of “discussion and possible action” versus “action” or wait until the July meeting when  “action” should be used on the agenda for a quick motion and vote.

Greg Downs

Downs expressed concern over the process, having been assured by staff that the item had been appropriately agendized – and about rescheduling the vote, “…Things that push things down the road prevent people who have been leading figures in trying to develop this from being present to make recommendations…” This concern stems from the fact that two Commissioners ( Li and Yu) are resigning in July for college causing the Commission to lose two members. Downs then proposed that the Commission vote on the motion during the meeting and if it is nullified, move on from there.

Before voting, the Commission discussed the broadness of the proposal and how it could be overstepping their work plan. However, the Commission seemed to be split on whether the resolution was too broad, with Commissioner Peggy McQuaid saying that the recommendation was too broad in that it extended outside the four corners of their work plan. After she shared her perspective and it appeared to be considered, the vote on the recommendation to Council was passed.

Future agenda items for the July meeting include a possible presentation on the Mobile Response Team and plans for a Policing Commission booth at future community events.

The meeting adjourned after a little over an hour, at 8:16 PM, with the next meeting taking place on July 18th. A full recording of the meeting can be found on the AlbanyKALB Youtube channel.

– Zoey Yan