Proposed Ordinance - 9/8/2021 SALT LAKE CITY ORDINANCE
No. of 2021
(An ordinance amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting
Chapter 10.06 of the Salt Lake City Code pertaining to the Racial Equity in Policing Commission)
An ordinance amending Section 2.07.020, Section 10.02.040, Section 10.02.110 and enacting
Chapter 10.06 of the Salt Lake City Code pertaining to the Racial Equity in Policing Commission.
WHEREAS, on September 8, 2020,the Salt Lake City Council (the "Council") and the
Mayor of Salt Lake City (the "Mayor") approved a Joint Resolution, Resolution No. 26 of 2020 (the
"2020 Joint Resolution"), establishing the Commission on Racial Equity in Policing; and
WHEREAS, over the course of the last year the Commission on Racial Equity in Policing
met regularly for the purposes outlined in the 2020 Joint Resolution; and
WHEREAS,the 2020 Joint Resolution identified the objectives of the Commission on
, Racial Equity in Policing for the next twelve months;
WHEREAS, the Council and the Mayor desire to establish a more permanent
commission, the Racial Equity in Policing Commission, that will advise the Council and Mayor
on matters related to the goal of eliminating racial discrimination in policing practices within Salt
Lake City as further set forth herein; and
WHEREAS, the Salt Lake City Council finds that adopting this ordinance promotes the
health, safety, and public welfare of the citizens of the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Section 2.07.020. That Section
2.07.020 of the Salt Lake City Code (City Board and Commissions Named) shall be and hereby is
amended to add Racial Equity in Policing Commission to the list of City boards and commissions as
follows:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city boards,
commissions, councils, and committees:
Airport board
Board of appeals and examiners
Business advisory board
Citizens' compensation advisory committee
City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Fire code board of appeals
Golf enterprise fund advisory board
Historic landmark commission
Housing advisory and appeals board
Housing trust fund advisory board
Human rights commission
Library board
Parks, natural lands, trails, and urban forestry advisory board
Planning commission
Public utilities advisory committee
Racial equity in policing commission
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board
SECTION 2. Amending the Text of Salt Lake City Code Section 10.02.040. That Section
10.02.040 of the Salt Lake City Code (Creation and Organization) shall be and hereby is amended
and reads as follows:
10.02.040: CREATION AND ORGANIZATION:
A. There is created the human rights commission which shall be composed of nine (9)
members.
B. Seven (7) representatives shall be appointed with one representative from each of the seven
(7) council districts; and two (2) representatives shall be appointed from the community who
represent the diversity of the city.
C. Notwithstanding Section 2.07.040.B.1, at least one (1), but no more than two (2), of the
members of the human rights commission shall also serve on the racial equity in policing
commission. Membership eligibility requirements for the racial equity in policing commission is
independent of the eligibility requirements for the human rights commission.
SECTION 3. Amending the Text of Salt Lake City Code Section 10.02.110. That Section
10.02.110 shall be and is hereby amended as follows:
10.02.110: POWERS AND DUTIES:
A. The commission shall make recommendations to the mayor and the council regarding the
commission's:
1. Ongoing review of ordinances or policies;
2. Use of educational resources on issues of discrimination and equal treatment;
3. Review of complaints of discrimination involving city departments or city services for
the purpose of identifying the possible systemic or institutional sources of such instances of
discrimination;
4. Review of legislation,Policies, or other action by the city designed to further the
elimination of prejudice and discrimination;
5. Review of any pending legislation, policy changes, or other city action that may impact
human rights and relations;
6. Research conducted or factual data obtained, within budgetary constraints, on the status
and treatment of diverse populations and the best ways to improve human relations, to eliminate
discrimination and to secure full and equal participation;
7. Investigation of opportunities to collaborate with other groups to foster nondiscrimination
education;
8. Work in partnership to foster positive intergroup relations by instituting and conducting
educational programs;
9. Actions as a resource at the request of community councils; and
B. In addition to the powers and duties set forth in Subsection 10.02.110.A, the commission
may review recommendations brought by the racial equity in policing commission and issue a
position of opposition or support of those recommendation.
C. The commission shall report to the council and the mayor no less than once each year on its
activities, recommendations, and findings concerning matters on human rights and
nondiscrimination policies. The report shall be in writing and made_accessible to the public.
D. Beginning September 30, 2010, the commission shall prepare an annual report for the mayor
and city council assessing the effectiveness of the city's actions in implementing chapters 10.04
and 10.05 of this title.
SECTION 4. Enacting the Text of Salt Lake City Code Chapter 10.06. That Chapter 10.06 of
the Salt Lake City Code shall be and is hereby enacted to read as follows:
CHAPTER 10.06
RACIAL EQUITY IN POLICING COMMISSION
SECTION:
10.06.010: General Provisions
10.06.020: Purpose
10.06.030: Definitions
10.06.040: Creation and Organization
10.06.050: Term
10.06.060: Vacancy
10.06.070; Eligibility for Membership
10.06.080: Compensation
10.06.090: Meetings
10.06.100: Powers and Duties
10.06.010: GENERAL PROVISIONS;
The provisions of chapter 2.07 of this title shall apply to the racial equity in policing commission
except as otherwise set forth in this chapter.
10.06.020: PURPOSE:
A. The City of Salt Lake is comprised of diverse and varied groups, communities, and
individuals. The practice of discrimination in a public safety setting against these groups,
communities, or individuals on the grounds of ancestry, national origin, or race adversely affects
the general welfare of the city and the vitality of its neighborhoods.
B. Discriminatory practices may appear and be perpetuated in several forms including in the
less obvious implicit biases, microaggressions, or within systemic processes or training.
Discriminatory practices in public safety result in a lack of safety for specific residents and can
segregate the community.
C. The Salt Lake City racial equity in policing commission is created for the general purpose
of advising the council and mayor on how to further the goal of eliminating racial discrimination
in policing practices within Salt Lake City. Review of policies, culture and the budgetary
practices of the Salt Lake City Police Department is vital to the goal of eliminating racial
discrimination in policing.
10.06.030: DEFINITIONS:
Unless otherwise specified, as used in this chapter:
CITY: Salt Lake City, a municipal corporation of the state of Utah.
COMMISSION: Salt Lake City racial equity in policing commission created in section
10.62.040 of this chapter.
COUNCIL: Salt Lake City council.
MAYOR: The duly elected or appointed and qualified mayor of Salt Lake City.
MEMBER: A person appointed by the mayor with the advice and consent of the council who is
duly qualified as an acting and voting member of the commission.
NATIONAL ORIGIN: The place of birth of an individual or any lineal ancestors.
PERSON: An individual.
10.62.040: CREATION AND ORGANIZATION:
A. There is created the racial equity in policing commission which shall be composed of
thirteen(13)members.
B. The Mayor shall appoint, with advice and consent of the Council, fifteen (15) members
who represent the cultural, ethnic and racial diversity of the City. Four(4) of the fifteen (15)
members shall be between the ages of sixteen(16) and twenty-one(21) at the time of their
appointment to serve as youth representation. Notwithstanding Section 2.07.040.B.1, at least one
(1) but no more than two (2) of the fifteen(15) members shall also be a member of the human
rights commission.
10.06.050: TERM:
Notwithstanding Section 2.07.050, the term of members of the commission shall two (2) years,
except that the initial term of six (6) members of the commission first appointed to the
commission shall be for one (1) year to establish staggered terms. Each member's term shall
expire on the applicable last Monday in December.
10.06.060: VACANCY:
If a vacancy occurs for any reason before the member's term expires, the mayor, in exercising his
or her discretion in making appointments, shall take into consideration the community diversity
of the city and current representation on the commission.
10.06.070: ELIGIBILITY FOR MEMBERSHIP:
Each member of the commission shall be at least sixteen(16)years of age. Members need not be
residents of the City but shall maintain strong ties to Salt Lake City and have the potential to be
affected by the work of the Salt Lake City Police Department.
10.06.080: COMPENSATION:
A member may receive reasonable compensation for their service as a commission member
pursuant to applicable Salt Lake City policies.
10.06.090: MEETINGS:
The commission is expected to meet monthly but shall meet no less than quarterly. The annual
meeting schedule shall be set at the first regular meeting in January of each year.
10.06.100: POWERS AND DUTIES:
A. The commission shall:
1. Examine Salt Lake City Police Department's policies, culture, and budget and make
recommendations to the Mayor and Council on ways to further the goals of the
commission.
2. Engage and interact with the public to receive community input related to Salt Lake City
Police Department's policies, culture, and budget.
3. Evaluate and study national best-practice policies for policing.
4. Make recommendations to the Mayor and Council on a racial equity plan for the Salt
Lake City Police Department.
5. Explore means and make recommendations on how the Salt Lake City Police Department
may increase diversity within its workforce.
B. Before finalizing recommendations for the mayor and the council, the commission shall share
the recommendation with the human rights commission, who may review the recommendation
and issue a position of support or opposition to the commission's recommendation.
C. In addition to the powers and duties specified in this Section, the Commission may:
1. Make recommendations to the mayor and the council on methods of engaging with
community advocate groups and other community members on police practices or other
public safety matters.
2. Review recommendations issued by the human rights commission and issue a statement
of support or opposition to recommendations of the human rights committee which are
relevant to the goals of the racial equity in policing commission. Positions of support or
opposition issued pursuant to this subpart need not be reviewed by the human rights
commission.
3. Review the current structure of the Civilian Review Board, evaluate national models, and
may make recommendations to the Mayor and the Council on how to increase the
effectiveness of the Civilian Review Board.
D. Recommendations to the mayor and council shall be in writing and presented at a council
meeting.
SECTION 5. Effective Date. This Ordinance take effect immediately after it has been published
in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713.
Passed by the City Council of Salt Lake City, Utah this day of
, 2021.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 2021.
Published: APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: , 8/17/21
By: ff4
Hannah Vickery,Senior City Attorney
Ordinance Creating Racial Equity in Policing Commission