ARTICLE 1 – NAME AND PURPOSE
The Police Accountability Board (PAB) was established in 2022 with the purpose to promote accountability, trust, and communication between the University of California, Merced (UCM) community and the UCM Police Department (UCMPD). The PAB impartially reviews investigation reports related to civilian complaints of police misconduct made by members of the campus community and the general public and provides recommendations to the Chief of Police.
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.
In order to ensure independence, no member or alternate of the PAB can be a current or former UC Merced Police Department employee, or a current employee of the Office of Legal Affairs or the Ethics and Compliance Office.
ARTICLE 3 - COMPOSITION
The PAB shall be chaired by the Vice Chancellor for Student Affairs and Engagement and comprise five additional members who broadly represent the diversity of the UCM community. The PAB shall include:
- One undergraduate student;
- One graduate student;
- One Senate faculty member;
- One Non-Senate faculty member;
- One staff member.
The following entities will be solicited to conduct a broad call for nominees from their constituencies for representation on the PAB:
- Associated Students of UCM
- Graduate Student Association
- Academic Senate
- Non-Senate Academic Council
- Staff Assembly
The Chancellor or designee or PAB Administrative Advisory Group members may add additional members as needed.
ARTICLE 4 – NOMINATIONS AND SELECTION
The entities identified in Article 3 shall conduct a broad call for nominees from their constituencies and provide the nominees to the PAB Chair. In the absence of a sufficient number of qualified nominees, the PAB Chair will solicit nominees to complete PAB membership. The Chancellor or designee will select PAB representatives from the entities’ nominees, which will result in five PAB members. All five representatives will participate in training, meetings, and the review of confidential investigation reports.
ARTICLE 5 – TERMS
PAB members will serve for a one-year term. In order to maintain institutional knowledge at the conclusion of their term, some members’ terms may be extended. The PAB Chair will coordinate with the entities to maintain membership in the event that a member can no longer serve on the PAB.
ARTICLE 6 – OFFICERS
The PAB shall be chaired by the Vice Chancellor for Student Affairs and Engagement. The PAB Chair shall reserve the right to establish a Vice Chair to preside in the Chair’s absence. Any elected Vice Chair shall hold office for a one-year term but may be reelected to serve consecutive 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 consecutive regular or special meetings may automatically terminate after the third such absence.
Any breach of the PAB’s Code of Ethics will be cause for review. The PAB Administrative Advisory Group may remove a PAB member or alternate for cause, including transgressions of policy, confidentiality, or ethical standards.
ARTICLE 9 – QUORUM AND VOTING
Three members present shall constitute a meeting quorum. Decisions of the PAB shall be made by vote of a majority of the members in attendance provided that a quorum exists.
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 they can participate objectively and in an unbiased manner.
ARTICLE 11 – TRAINING AND CONFIDENTIALITY COMMITMENTS
PAB members shall receive training developed or approved by the UC Merced Office of Ethics and Compliance regarding police procedures, relevant legal issues, impartiality, the confidential nature of police misconduct investigations and discipline, and the civilian oversight field.
Each member must sign a confidentiality agreement and maintain confidentiality.
ARTICLE 12 – PAB POWERS AND DUTIES
The PAB will:
- Review relevant UCMPD policies and procedures and all investigation reports submitted regarding complaints made by members of campus community and the general public against the UCMPD. The PAB will not review any complaints filed by UCMPD employees.
- Solicit public input by holding at least one advertised public meetings which shall include time for public comment. Additional meetings shall be scheduled on an as-needed basis.
- Run its meetings utilizing Roberts Rules of Order as a guide.
- Review and deliberate in closed session, consistent with applicable laws, to protect the confidential nature of investigation reports.
- Submit advisory recommendations to the Chief of Police regarding (1) UCMPD policies and procedures/training and (2) the findings of investigation reports. The PAB may also solicit progress reports from the Chief of Police regarding policy and training recommendations. 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.
- Prepare an annual public report for the UCM 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 – AMENDMENT
In consultation with the PAB, these bylaws and any amendments or supplements thereto may be adopted, amended, altered, supplemented, or repealed by UC Merced.
