Over 2 meetings in February and March, members of CSC worked with town Councilors and representatives from the police union to make the ordinance more amenable to all interested parties.  The following ordinance will be voted on as a Notice of Intent (NOI) on Tuesday, March 25th. 

Whereas the best government policies are the product of deliberation that combines the goals and values of  the community and the expertise of trained professionals who help to realize those goals.  

Whereas a safe community is one that is based on trust between law enforcement and citizens, and this trust is strengthened by respect for feedback and a greater openness to receive and consider grievances on the part of the town.

Whereas fiscal responsibility demands mitigating potential liabilities and the increased insurance premiums that come with them, and whereas this is best achieved with input from multiple and diverse perspectives. 

WHEREAS, a Citizen Advisory Board , as specified in this ordinance , creates the most efficient avenue for feedback and suggestions for better policing from the community, the Town Manager’s responsibility is to ensure that ongoing agreements with the Silver City Police Officers’ Association and Silver City Police Department procedures are not violated, as  well as preserving and protecting employee rights and confidentiality.

Chapter 24 of the Code of Ordinances of the Town of Silver City is amended to provide:

Chapter 24 

Article IV

24-40   Community Advisory Board

There is hereby created in and for the town a Citizens Advisory Board

24-41 Composition

1.The Community Advisory Board shall consist of 7 members. 

2. The Board  members shall be appointed by the mayor with the advice and consent of the council.  Every effort shall be made to compose the Board as follows:

(a) a mental healthcare professional currently working in the community.  

(b) a social work professional currently working  in the community. 

(c) a person with a background in public education who is currently working directly with students in the community.

(d). the remaining 4 members shall each be nominated by their respective town councilor

3. Members cannot have been employed by a law enforcement agency for one year prior to appointment.

4. No more than 1 of the total board members may come from a law enforcement background.

5. Members must have been residents of Silver City for a minimum of 5 years.

6. Every effort will be made to represent the racial, cultural, economic, and gender makeup of the town and to balance the perspectives of longtime residents and more recent additions to the community.  

7.  Town officials, such as the town manager, the chief of police, and the town attorney may be called upon by the board as non-voting, ex-officio members in order to provide clarification, helpful information, and legal insight.  The Town Manager is specifically tasked with ensuring that all federal, state and local laws are being followed by the Committee, that employee rights and confidentiality are being maintained, and that agreements with the Silver City Police Officers Association are not being violated.

24-42 Terms, Reappointment

1.Members of the board shall hold their offices for a term of three years, without compensation, and shall be eligible for reappointment for three consecutive terms.  

2.In order to stagger the terms, upon the establishment of the board half of the members will serve a 2 year term.  All subsequent terms will be 3 years.

3.The board shall elect a chairperson, vice-chairperson, and secretary annually.

4.The board shall meet monthly and at other times at the call of the chairperson.

5.The board shall adopt rules for the transaction of its business and keep records of its resolutions, transactions, findings and determinations which shall be public records. IPRA requests for this information are channeled through the SCPD to ensure that proper legal guidelines on confidentiality are followed.   

6. The board, with guidance from the town manager and chief of police shall adopt a policy for training board members  to cover subjects such as:

1. rules of order

2. policing practices

3. municipal board ethics

4. confidentiality 

6.The chairperson, or vice-chairperson in the chairperson's absence, shall preside over the meetings and, further, shall be responsible for transmitting the findings, advice, and recommendations of the board to the town manager.

24-43 Removal, Vacancy

1.Members of the board shall be required to attend more than 75 percent of all regular meetings held during each year of a member's term. Failure to attend any three of 12 meetings shall be considered just cause and grounds for removal of that member.  

2.While board members are encouraged to have as much contact with both the community and with local law enforcement officers as possible, members of the CAB shall be dismissed in the event that they:

(a) Communicate any information learned through their position on the board that is not considered to be part of public record.

(b)  Involve themselves in any way in the day to day duties of law enforcement officers.   

3.Failure to adhere to the town’s code of ethics as stated in sections 2-150—2-168 of the town code by a member of the board will result in dismissal. 

4. Removal from the board shall require a statement in writing from the Board chairperson.  A copy of this letter must be provided to the mayor, the town manager, and the board member in question.

5.  Vacant positions shall be filled within 7 weeks.  A partial term served because of the filling of a vacancy does not factor into the board member’s term limit.

24-44 Powers and Duties

1.The board shall analyze local crime and arrest statistics provided by the chief of police, compare them to national trends and make recommendations to the town manager to improve or strengthen current policies.

2.The board shall receive quarterly data on departmental complaints stating the nature of the complaints only and on disciplinary actions from the chief of police within the contractually permitted guidelines on confidentiality. Based on these reports, the board shall make recommendations to the town manager to improve or strengthen current policies.

3.The board shall act as a resource when called on by the town manager, chief of police, or town council, advising and carrying out studies on issues that concern public safety.  

4.The board shall research and recommend the implementation of policies that concern public safety and the effectiveness of local law enforcement.  The board’s issues of concern include but are not limited to the following:

(a) Fostering trust between the police department and the community.

(b) Help to seek solutions for problems such as homelessness, addiction, mental illness, and domestic violence in our community that address the social and health  aspects of these problems. The goal is to research solutions that ultimately lead to prevention. 

(d) Helping to identify and prioritize the most pressing threats to public safety.

(e) Seeking out and understanding the latest innovations in public safety.  

(f) Seeking out the best continuing education needs and opportunities for local law enforcement.

(g) Ensuring maximum safety and mental health support for local law enforcement officers.

(f) Reducing legal liabilities concerning law enforcement for the town. 

5.The board shall reach out to entities similar to itself in other municipalities for the purpose of cooperation, standardization, and innovation.

6. The board and a duly appointed representative of the police union shall meet the first full week of January and continuing every other month and within that first full week of the month throughout the year to establish open and proactive communication with the rank and file members of the Silver City Police Department. Meetings may be cancelled, added, or rescheduled upon mutual agreement between the board and union representative for good reason, such as no agenda items to discuss.

6. The board shall be provided with copies of the union contract between the Town of Silver City and any and all bargaining units of the Silver City Police and shall advise the town manager and town council from the perspective of the community at large.   

8.The board shall give a biannual presentation at a town council meeting regarding their findings and efficacy as a board.  Including data relating to the number, kind, and status of all complaints. 

9.The board shall establish a system whereby citizen allegations of misconduct by law enforcement may be received by the board as a secondary outlet for grievances.  Such grievances would be addressed in the following manner:

(a) A complaint is received by the board.

(b) Within five days of receipt of the complaint, the board will inform the chief of police.

(c) The chief informs the board, within the contractually permitted guidelines on confidentiality, of the action taken, within time allowed by police procedures.

(d) The CAB will follow up with the complainant to inform them of the chief's response, and to receive feedback on the complainant’s perception of the process.

5. The CAB will inform the town manager on the kind, status, and dissolution of each grievance they receive.  

10.The board, along with the town government, shall make every reasonable effort to publicize the contact information for the board to ensure that it is an available outlet to as many citizens as possible.

11.The Town Council within two years following the enactment of this Ordinance shall review the performance of the Board, and consider amendments to this Ordinance or enact an ordinance abolishing the Board.