By Jorge Casuso

December 1, 2023 -- In a hastily called meeting, the City's Police Reform Commission on Thursday unanimously approved a pretextual stop policy after its previous vote was deemed invalid.

The three members who voted to oppose the policy on November 7 were absent when the votes were recast after the City Attorney's office found the Commission had violated the Brown Act by failing to adequately describe the item on the agenda.

Commissioner Craig Miller, who abstained on November 7, voted "yes" in Thursday's 7 to 0 vote to recommend that the City Council adopt LAPD’s pretext stop policy.

If approved by the City Council, the policy will require officers to state the reason for all traffic and pedestrian stops on body-worn video (BWV) and "respond to inquiries from drivers as (to) the reason for detainment." ("Police Reform Commission Approves Recommendations to Address Racial Profiling," November 21, 2023).

Commissioners said the policy is needed to deter pretextual stops of minorities, especially Blacks, who -- based on data compiled by SMPD -- are involved in a disproportionate number of traffic stops ("Police Reform Commission Takes Up Identity Profiling," July 10, 2023).

"The bias is there," said Miller, "and it's even acknowledged by law enforcement professionals like Lt. (Erika) Aklufi, who is good enough in her (July 11) presentation to say to us, 'We know racial profiling occurs in our department and every department.'"

Aklufi, who viewed a clip from the meeting videotaped by one of the six members of the public in attendance (the meetings can only be attended in person) said she never made the statement.

"I would never make that claim," said Aklufi, adding that she acknowledged in her presentation that racial profiling exists in society, making it important for police to be trained.

"I do not believe that racial profiling exits in our department," said Aklufi, who trains officers on bias-based policing.

Thursday's vote came after Northeast Neighbors filed a complaint that the November 7 Commission agenda violated the Brown Act -- California's open meetings law -- by failing to adequately describe the item ("Police Reform Commission to Recast Invalidated Vote," November 29, 2023).

The special meeting was to have been scheduled for Wednesday night, but the item was not posted in time to meet the 24-hour notice the Commission must give the public for a special meeting.

The rush to hold a meeting days before the Commission's regular meeting scheduled for next Tuesday raised concerns the Commission was violating the Brown Act once again.

In a letter to the City Manager, City Attorney and the Police Reform Commission, police union chair Cody Green claimed the Commission violated the posting requirements.

"Seeing how this new meeting was just posted yesterday (Wednesday) for a meeting today (Thursday), it would again not meet the 72-hour posting requirement.

"Surely, you can’t just call a meeting a 'special meeting' to do the regular work of the Commission and avoid the agenda and posting requirements," Green wrote.

Northeast Neighbors Chair Tricia Crane also asked the City Manager about the lack of sufficient public notice and why the Commission has "this much discretion to freeze out the public?"

"None of this is being done in any sense of good faith," Crane wrote. "This is clearly an attempt to exclude any information that conflicts with the personal opinions they are trying to advance as policy."

City Manager David White responded, "I know that many folks are upset. My general sense is that there are times when last minute or urgent items come up and must be discussed by the council or commission.

"I am not suggesting that this issue rises to that standard but there can (be) reasons for special meetings to be called with 24 hour notice, from time to time, by the Chair."

White said he has made the recommendation to some of the commissioners "that they agendize a discussion regarding special meetings and when it is appropriate to call one."

At Thursday's meeting, Commissioner Miller said the City is placing too much emphasis on procedural issues.

"I'm way less interested in the minutiae, detail of this Brown Act stuff that frankly I think this City has a tendency to over-interpret and use as an obstacle to robust discussion," Miller said.