20-208520-2085ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 23 OF THE CITY
CODE – POLICE - TO ADD ARTICLE VI, SECTION 23-177, CREATING THE DENTON
POLICE DEPARTMENT CHIEF OF POLICE ADVISORY BOARD AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a high level of public trust in the Denton Police Department (DPD) is crucial to public
safety and the wellbeing of residents of Denton; as well as to the effective operations of DPD; and
WHEREAS, the United States experiences thousands of police use-of-force incidents annually,
resulting in death and injury to both officers and citizens; and
WHEREAS, the City of Denton cherishes the safety of its residents and understands that effective
policing must recognize the humanity and dignity of every person and strive to continually address
issues of equity in its policies and practices; and
WHEREAS, members of the City of Denton community have led demonstrations and protests to
express their concern that the use-of-force by police on persons of color across the United States
has been committed in a discriminatory and disproportionate manner that has resulted in injury or
death, and the desire to have such policies and practices of the Denton Police Department
reviewed; and
WHEREAS, by Resolution No. 20-1110, approved by the City Council on June 25, 2020, the
Mayor and City Council of the City of Denton supported the Mayor’s pledge to:
1)
2)
3)
4)
Review police use-of-force policies;
Engaging the community by including a diverse range of input, experiences, and stories
in the review:
Reporting the findings of the review to the community and seeking feedback; and
Reforming our community’s police use-of-force policies; and
WHEREAS, the Mayor and City Council created the Mayor’s Ad-Hoc Use of Force Committee
to review, gather community input, and establish clear findings, conclusions and achievable
recommendations that promote the use of best practices in the use-of-force policies and training
for the Denton Police Department; and
WHEREAS, the Ad-Hoc Use of Force Committee met on ten occasions between June 25, 2020
and September 24, 2020, including two public input sessions, and submitted its findings,
conclusions, and recommendations to the Mayor and City Council in a report dated October 5,
2020, attached hereto as Exhibit “A;” and
WHEREAS, the Ad-Hoc Use of Force Committee recommended that Civilian participation with
the Denton Police Department was warranted and recommended the creation of a Chief of Police
Advisory Board.
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NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: Although there is no finding that the Denton Police Department has used
force or engaged in policing against persons of color in a discriminatory and disproportionate
manner, the City Council finds that an advisory function within the Denton Police Department in
the form of a Chief of Police Advisory Board enhances public trust, transparency, and
accountability.
SECTION 3: Chapter 23 of the City of Denton Code of Ordinances – Police - is amended
to add Article VI, Section 23-177, creating the Denton Police Department Chief of Police Advisory
Board
SECTION 4: Chapter 23 is amended to add Article VI, Section 23-177 to read:
ARTICLE VI: DENTON POLICE DEPARTMENT CHIEF OF POLICE
ADVISORY BOARD
§23-177-1 DEFINTIONS
(A) in this Chapter:
( 1) BOARD means the Denton Police Department Chief of Police Advisory Board.
(2) CITY COUNCIL means the Governing Body of the City of Denton consisting of
the Mayor and six (6) Council Members.
(3) CITY OFFICIAL means a current or former member of the Denton City Council.
(4) CONFIDENTIAL INFORMATION means any written information that could or
must be excepted from disclosure pursuant to the Texas Public Information Act,
if such disclosure has not been authorized; or any non-written information which,
if it were written, could be excepted from disclosure under the Act, unless
disclosure has been authorized by the City Council or City Manager. This
includes information that is made confidential by state law, federal law, or
common law privacy. When reviewing confidential information, the Police
Department shall place identifying marks on any confidential information.
(5) DEPARTMENT means the Denton Police Department.
(6) QUORUM means a majority of the voting members of the BOARD are present
for a meeting, either in-person or virtually.
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(7) RESPONSE TO RESISTANCE is the Denton Police Department’s terminology
for a use of force to more accurately describe when an officer is authorized to use
force. This term includes but is not limited to the use of deadly force and
electronic control devices such as a TASER.
§23-177-2 CHIEF OF POLICE ADVISORY BOARD
The BOARD is an administrative body of the Denton Police Department.
§23-177-3 PURPOSE
The purpose of the BOARD is to provide feedback, advice, and recommendations to the
Police Chief on the following matters concerning the Denton Police Department:
(1) Response to Resistance/Use of Force policy and training, including emphasis on
understanding and de-escalating situations.
(2) Biased-Based Policing/Racial Profiling policy and training.
(3) Sustained complaints involving a Response to Resistance/Use of Force and
Biased-Based Policing/Racial Profiling.
(4) Review data and trends for Response to Resistance/Use of Force and Biased-
Based Policing/Racial Profiling.
(5) Mental Health, Diversity, and Inclusion of all segments of the community,
including persons with physical or intellectual disabilities, and LGBTQ
individuals.
(6) Training of Denton Police officers, particularly the areas in Parts 1, 2 and 5 .
(7) Mental Health and Wellness of Police Officers in general, not of a specific
individual officer.
(8) Policy review and development.
(9) Community Engagement, Open Communication, Transparency, and
Accountability.
(10) Any other matter that the Police Chief seeks the BOARD’s input.
623-177-4 ACCESS TO POLICE DEPARTMENT RECORDS
(A)The Chief of Police has the authority and discretion to allow BOARD member access
to Police Department records necessary for the BOARD to carry out its stated
purpose. This does not include information that is made confidential by Texas Local
Government Code Chapter 143.089(g) unless such access is granted by a legislative
change to Chapter 143.089(g) or through the Meet and Confer Process.
The Chief of Police shall support the mission of the BOARD and provide it with the
resources necessary to carry out its stated purpose, including a designated liaison.
(B)
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(C) if requested by the BOARD, the Chief of Police shall provide Technical Advisors
related to the issue being discussed.
(D) The City of Denton City Attorney’s Office shall provide legal advice to the Board
as needed.
§23-177-5 COMPOSITION
The BOARD shall be comprised of eleven (11) individuals selected as follows:
(A)
(B)
Seven (7) Citizen Members: Each member of the City Council shall appoint a
member to the BOARD.
The remaining members shall be appointed by the City Manager as follows :
a. One officer of the DEPARTMENT at the rank of Assistant Chief or below.
b. One member from the Denton Police Officers Association
c. One member from the Denton Municipal Police Association.
d. One member from the City Manager’s Office.
The Chief of Police may, at his discretion, appoint up to five (5) non-voting members
from other organizations, such as the University of North Texas. Texas Woman’s
University, and Denton Independent School District. A non-voting member may be
removed by the Chief of Police without cause.
To the extent possible, it is the Council’s desire that the citizen membership of the
BOARD reflect the diversity of the Denton community.
The BOARD shall select a chairperson.
BOARD members shall serve two-year terms.
BOARD members shall serve no more than three consecutive terms.
Citizen BOARD members shall not be compensated for their service.
(C)
(D)
(E)
(F)
(G)
(H)
§23-177-6 QUALFICATIONS TO SERVE
Citizens appointed to the BOARD must meet the following qualifications:
(1)
(2)
(3)
(4)
(5)
Be a resident of the City of Denton.
Be at least 18 years of age.
Not currently be an employee of the City of Denton or hold an elected office for the
City of Denton.
Cannot have served as a CITY OFFICIAL for two years prior to his/her date of
appointment to the BOARD.
Not currently employed by or a retired employee of a law enforcement agency
(local, county, state, tribal, or federal) or have an immediate family member
currently employed by a law enforcement agency.
Have no pending litigation against the City of Denton or any of its employees, or
any financial interest in pending litigation against the City.
Have no felony convictions or pending felony indictment.
Have no convictions for Class A or B misdemeanor within the past five (5) years or
charges pending in any court.
Must sign a confidentiality agreement to not disclose CONFIDENTIAL
(6)
(7)
(8)
(9)
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INFORMATION the BOARD member is privy to by virtue of their appointment to
the BOARD to anyone other than other BOARD members or authorized persons
involved in the Advisory Board process. A violation of this confidentiality
agreement is cause for removal from the BOARD and possible
criminal prosecution.
Must attend required training and meetings of the BOARD, either in person or
through electronic medium.
(a) The Police Chief shall determine the training curriculum required for
BOARD members to serve, which may include attending the Citizen Police
Academy.
Unless expressly provided by the City Charter or City Code, a sitting member of a
City Committee, Board, or Commission may be a member of this BOARD.
Should a conflict of interest arise in a particular matter coming before the BOARD,
the BOARD member with the conflict shall determine whether his/her recusal from
voting on that matter is warranted.
(10)
(11)
§23-177-7 REMOVAL
(A)Pursuant to Article XIV, Section 14.16 of the City of Denton Charter, citizens
appointed to the BOARD by the Council shall serve at the pleasure of the Council.
Members of the BOARD may be removed by the Council only for cause and only
after being given notice by the Council.
( 1) if a BOARD member resigns, is removed, or is disqualified, the City Manager
shall request another appointee from the Council Member who made the
initial appointment. The City Council shall approve or disapprove of the new
appoIntment.
(2) There is no appeal process or administrative hearing for a BOARD member
that is removed by the Council.
Members of the BOARD that are appointed by the City Manager pursuant to §23 -
177-5(B)(a-d) are not subject to Council approval and are subject to removal by the
City Manager for cause and only after being given notice by the Manager.
(1) if a BOARD member resigns, is removed, or is disqualified, the City
Manager shall appoint a new member.
(2) if the member that resigns, is removed, or is disqualified is a member of the
Denton Police Officers Association or Denton Municipal Police
Association, the City Manager shall request the Association(s) to nominate
a replacement(s) .
(3) There is no appeal process or administrative hearing for a BOARD member
that is removed by the City Manager.
Pursuant to the City of Denton Code of Ordinances, Article III, §2-63, should a
BOARD member cease to meet the qualifications prescribed in §23-177-6, if
applicable, or should such member be convicted of a felony during their term of
service, such failure or conviction, as the case may be, shall be cause for
removal.
(B)
(C)
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§23-177-8 MEETINGS
(A)
(B)
(C)
The BOARD shall meet at least quarterly.
The Chairperson of the BOARD may call a meeting as necessary to conduct
business.
Not only is a quorum of the voting members of the BOARD required to conduct
business, to ensure citizen representation, at least four (4) of the seven (7) citizen
members with voting privileges must be present (either in person or virtually) for
the BOARD to conduct business.
The Chief of Police Chief be responsible for developing the specific processes,
Procedures, and conduct of the BOARD consistent with its stated purpose.
1. This process shall include developing an agenda for the BOARD and posting
that agenda on the City website at least seventy-two (72) hours prior to the
scheduled date and time of a BOARD meeting.
Despite the posting requirement in Part (D), this Board is expressly exempted from
Denton Code of Ordinances §2-29(h) – City Council Rules of Procedure – Creation
of Committees, Board and Commissions, and is not subject to the Texas Open
Meetings Act.
The DEPARTMENT’S liaison to the BOARD shall be responsible for keeping and
maintaining all records of the BOARD, which shall be maintained and retained as
required by State Law.
(D)
(E)
(F)
§23-177-9 BOARD RECOMMENDATIONS
(A)
(B)
(C)
(D)
(E)
The BOARD has the authority to make non-binding recommendations to the Police
Chief on the issues cited in §23-177-3 .
At the conclusion of a meeting, the BOARD recommendations, if any, shall be
reduced to writing.
The Chief of Police Chief shall endeavor to respond to all BOARD recommendations
within twenty (20) calendar days of receipt of the recommendation.
The Chiefs Response shall state whether he agrees with the recommendation, and
if not, why not.
Documents created by the BOARD, including its recommendations to the Chief of
Police and the Chiefs response, are subject to disclosure under the Texas Public
Information Act to the extent allowed by law.
§23-177-10 PUBLIC STATEMENTS REGARDING THE BOARD’S ROLE
Semi-annually (twice a year), the Chief of Police shall:
(1) Create a report for public release that describes the role of the BOARD and its work,
including its recommendations, the Chiefs response, and recommendations
implemented by the Chief; and
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(2) Provide the City Council with a public briefing of the contents of the report cited in
P,rt (1).
§23-177-11 AUTHORITY GRANTED TO THE POLICE CHIEF AND CITY
MANAGER
Since it is impossible to consider every scenario that may arise related to the scope and
function of the BOARD, the City Manager and Chief of Police are granted the authority to
interpret and apply this Ordinance without further Council action provided they do so
consistent with the Council’s stated intent and purpose for creating this BOARD.
SECTION 5: This Ordinance shall become effective immediately upon its passage and
approval.
Th, ,Wd,n t, ,pp„„, thi, O,di„,n„ w„ m,d, by ---less C V„+ :S m
seconded by k; this Ordinance was passed and approved by
the following vote [L - IL] :
hNC INJa ' Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
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John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the U)Yb day of (hR\) e (. 2020
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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