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 independently reviews and makes recommendations in a fair and unbiased manner, regarding investigations of complaints made by members of the campus community and the general public (also referred to as civilian complaints).
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
Initially, the PAB shall be comprised of ten representatives, five members and five alternates, who broadly represent the diversity of the UCM community. The PAB shall include:
- Two non-Senate faculty (one member and one alternate);
- Two Senate faculty (one member and one alternate);
- Two undergraduate students (one member and one alternate);
- Two graduate students (one member and one alternate);
- Two staff (one member and one alternate).
The following entities will be solicited for nominations for representation on the PAB:
- Non-Senate Academic Council
- Academic Senate
- Associated Students of UCM
- Graduate Student Association
- Staff Assembly
The Chancellor, Chancellor designee or PAB Administrative Advisory Group members may add additional members as needed.
ARTICLE 4 – NOMINATIONS, SELECTION AND ALTERNATES
The entities identified in Article 3 may nominate representatives to the PAB, utilizing each entity’s respective nomination process. Each entity will provide at least three nominees. In the absence of 3 nominees, the Vice Chancellor, Division of Equity, Justice & Inclusive Excellence will solicit nominees to complete the PAB. The Chancellor (or designee) will select one PAB member and one alternate from the entities’ nominees, which will result in five PAB members and five alternates and maintain the composition identified above. All 10 representatives will participate in training and meetings. Alternates will only participate in the review of confidential investigation reports when the PAB member representing their entity is absent.
ARTICLE 5 – TERMS
Initially, the inaugural PAB members and alternates will serve for a two year term. In order to maintain institutional knowledge at the conclusion of their term, some members’ and alternates’ terms may be extended, and former alternates may be given the opportunity serve as members. The Vice Chancellor, Division of Equity, Justice & Inclusive Excellence will work with the various entities to maintain both a member and an alternate representative and develop a pipeline of candidates in the event that a member or alternate can no longer serve on the PAB.
ARTICLE 6 – OFFICERS
As needed, the PAB shall elect one of its members as the Chairperson and one as the Vice-Chairperson (who shall preside only in the Chairperson’s absence). Officers shall be elected annually and hold office for one year terms. Officers, however, 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 effective on 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. Alternates will only participate and vote in meetings when the PAB member representing their entity 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 they can participate objectively and in an unbiased manner.
ARTICLE 11 – TRAINING AND CONFIDENTIALITY COMMITMENTS
PAB members and alternates 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 regularly scheduled and advertised meetings at least once a year, 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 the complaints and 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 832.5 and 832.7 and Evidence Code (“EC”) Section 1045. 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
After consultation with the PAB, these bylaws and any amendments or supplements thereto may be adopted, amended, altered, supplemented, or repealed by UCM.
