Bylaws

UC Irvine Police Accountability Board Bylaws

Article 1. Name and Purpose

  1. The name of this board shall be the UC Irvine Police Accountability Board (PAB). 
  2. Established in 2023, the principal charge of the PAB is to provide recommendations to the UCI Police Department Chief of Police to ensure that procedures and Community Complaints regarding the UCI Police Department (UCIPD) and the conduct of UCIPD personnel are investigated in a fair, thorough, reasonable, and expeditious manner. 
  3. To build and sustain trust in campus policing while promoting transparency, the PAB shall solicit public input and conduct community outreach. 
  4. This board shall be in alignment with California Penal Code sections 835 et seq.

Article 2. Qualifications

  1. PAB members are expected to serve fairly, faithfully, and thoroughly. Members are expected to serve without bias and uphold a code of ethics and of confidentiality outlined in Article 9 and 10 respectively.
  2. No member shall be a current member of any police department, a current or former member of the UCIPD, an employee of UCI Office of Equal Opportunity and Diversity, a current member of the UCI Public Safety Advisory Committee, a current employee of the UCI Office of Campus Counsel, or external counsel to the PAB. 
  3. Members must be from the designated bodies enumerated in Article 4 and be current UCI students, faculty, staff, or University Hills residents at the moment they are appointed. If members are no longer from the designated groups after their appointment, the chair shall have discretion to keep them in their position or solicit a replacement as outlined in Article 13.

Article 3. Nominations and Selection

  1. Each designated group or individual enumerated in Article 4 shall be responsible for nominating a candidate that meets the qualifications. If the nominating body fails to present a viable candidate in a reasonable time frame, the chair of the PAB shall solicit nominations from representative groups. If the chair determines that a nomination is not suitable, the nominating body may present another candidate.
  2. PAB nominees shall be interviewed and assessed on their ability to serve to the fullest extent of their duties, vote in an unbiased manner, follow the code of ethics, adhere to the terms of confidentiality, and faithfully perform the expectations of the position. Then, qualified nominees shall be confirmed by the chair and asked to begin their training. 

Article 4. Composition

  1. The PAB shall comprise of the following members who broadly represent the diversity of the UCI community. The PAB shall include the following voting members: 
    • One or two (1-2) undergraduate student(s) 
      • as nominated by the Associated Students of UCI;
    • One (1) undergraduate student from the ASUCI Office of the External Vice President
      • As nominated by the Associated Students of UCI;
    • One (1) graduate student 
      • as nominated by the Associated Graduate Students of UCI;
    • One (1) graduate student
      • as nominated by the Student Bar Association of UCI Law;
    • One (1) Student Housing Staff or Resident Advisor (RA); 
    • One (1) UCI Medical Center student, fellow, resident, or staff
      • as nominated by the Dean of the School of Medicine
    • One (1) Faculty member from the main UCI campus 
      • as nominated by the Academic Senate;
    • One (1) Faculty member from the UCI Medical Center 
      • as nominated by the Academic Senate;
    • One (1) staff member from the main campus
      • as nominated by the UCI Staff Assembly;
    • One (1) staff member from the UCI Medical Center
      • as nominated by the CEO of the UCI Health Administration;
    • One (1) University Hills resident
      • as nominated by the Homeowners’ Representatives Board; 
    • One (1) Vice Chancellor for Student Affairs or a designee.
  2. The PAB shall include the Chair as non-voting member who shall be the Vice Chancellor for Equity, Diversity, and Inclusion or a designee. This member does not count towards quorum.

Article 5. Terms and Attendance

  1. Each member shall be appointed for a three-year term, although students are asked to serve one year terms initially with a possibility of extension, given they still fulfill the qualifications required to be a member from the group they were originally nominated from. 
  2. Members may be appointed for consecutive terms, but must complete the training for each term. The PAB shall convene at least once each quarter; additional meetings shall be scheduled on an as-needed basis.
  3. Members are not expected to serve during any quarters when they take sabbatical, parental leave, disability/medical leave, study abroad, or any other type of long-term leave but should inform the chair. Members may return to the board as soon as they complete their leave. Approved leaves count towards the length of their term.

Article 6. Quorum, Voting, and Rules for Meetings

  1. Quorum shall be reached when a majority (50% + 1) of PAB members are physically present or virtually connected via a live conference software. Members are not counted toward quorum if they are on an approved or extended leave of absence, but may still attend meetings at their discretion.
  2. Provided that quorum exists, decisions of the PAB shall be made by a majority vote out of the total number of members present. 
  3. Agenda and rules for the meeting shall be set by the chair. Members may include an item on the agenda by submitting it to the chair. 
  4. Items not on the agenda can be presented to the PAB by any member of the board with a second from another member of the board.
  5. Procedures not enumerated by the chair or the bylaws shall be governed by Robert’s Rules of Order. 

Article 7. Officers

  1. The Chair of the PAB shall be the Vice Chancellor of Equity, Diversity, and Inclusion at UCI or an alternate designee of the Vice Chancellor. This member shall set the agenda, convene the meetings of PAB, preside over the board, and execute any other duties to best serve the PAB as needed. The Chair may appoint a subcommittee of members to review a report and provide a recommendation, which will be reviewed by the whole board. 
  2. The Vice-Chairperson of the PAB shall be elected annually by the members of the PAB from the duly appointed undergraduate and graduate, including the representative from UCI Law, student representatives for a one (1) year term and may be re-elected consecutively for as long as they are a member. This voting member shall preside over the board only in the absence of the Chair or when specifically requested by the Chair.

Article 8. Training

  1. PAB members shall receive training developed by UCI’s Office of Inclusive Excellence, UCI’s Office of Equal Opportunity and Diversity, the UCIPD, Office of Campus Counsel, and external counsel to the PAB. 

Article 9. Ethics and Code of Conduct

  1. In addition to UCI’s Statement on Ethical Values and Standards of Ethical Conduct, the PAB shall be governed by and firmly adhere to the Code of Ethics modeled on the National Association for Civilian Oversight of Law Enforcement (NACOLE) as follows:
    • Personal Integrity- Demonstrate the highest standards of personal integrity, commitment, truthfulness, and fortitude in order to inspire trust among your stakeholders, and to set an example for others. Conduct yourself in a fair and impartial manner and recuse yourself when a conflict of interest (or the perception thereof) arises. 
    • Independent and Thorough Oversight- Review investigations, audits, evaluations, and reviews with diligence, an open and questioning mind, integrity, objectivity, and fairness, in a timely manner. 
    • Transparency and Confidentiality- Conduct oversight activities openly and transparently providing regular reports and analysis of your activities, and explanations of your procedures and practices to as wide an audience as possible. Maintain the confidentiality of information that cannot be disclosed and protect the security of confidential records.
    • Respectful and Unbiased Treatment- Treat all individuals with dignity and respect, and without preference or discrimination including, but not limited to: age, ethnicity, citizenship, color, culture, race, disability, gender, gender identity, gender expression, housing status, marriage, mental health, nationality, religion, sexual orientation, socioeconomic status, or political beliefs, and all other protected classes.
    • Outreach and Relationships with Stakeholders- Disseminate information and conduct outreach activity in the communities that you serve. Pursue open, candid, and non-defensive dialog with your stakeholders. Educate and learn from the community.

Article 10. Confidentiality

  1. Any Community Complaint against a member of the UCIPD that comes before the PAB shall remain confidential.
  2. Any personally identifiable information of all witnesses, suspects, investigators, defendants, victims, police, or anyone else pertinent to the Community Complaint at hand shall not be shared publicly or privately outside of the PAB. The details of incidents and investigations shall also remain confidential unless the university decides to make information public. All PAB members and persons involved must follow FERPA when handling student information and identities. 
  3. Each member or person involved shall execute a confidentiality agreement. Failure to adhere to confidentiality is subject to the removal process outlined in Article 12 pending recommendation of the chair. 

Article 11. Recusal

  1. PAB members must recuse themselves from a matter where: (i) an actual conflict of interest exists; (ii) there is a perceived appearance of impropriety; or (iii) concern with whether they are able to participate in an unbiased manner. 
  2. A member may permanently step down from the position if that member does not believe or is unable to properly serve on the PAB.

Article 12. Removal

  1. The appointment of any PAB member who has been absent from three (3) consecutive or regular meetings shall automatically terminate on the third such absence, excluding approved leaves of absences. 
  2. For any particular member of the PAB, their respective nominating body shall reserve the right to request the withdrawal of their nomination based on their internal policies. Such a request shall be submitted to the Chair and Vice Chair of the PAB, with final removal being determined by a vote of the Board at their next upcoming meeting.
    1. The following shall be cause for review and removal as determined by the Chair and Vice Chair:
      1. Unbecoming conduct
      2. Inability to properly serve as a member
      3. Any breach in the code of conduct, confidentiality agreement, university policy, or UCI’s Statement on Ethical Values and Standards of Ethical Conduct
      4. An inability to remain on good academic standing for students, or to receive a corrective plan/ disciplinary action for faculty and staff
  3. The Chair may choose to outsource the removal process to an investigatory body if appropriate, or subcommittee in the event of a conflict of interest. 

Article 13. Vacancy

  1. If a vacancy arises, such as but not limited to if a member is removed from the PAB or permanently recused themselves, the chair of the PAB shall solicit nominations or identify a replacement to fill the remainder of the term from the respective community.

Article 14. PAB Powers, Duties, and Responsibilities

The PAB shall:

  1. Review relevant UC Irvine Police Department policies, procedures, and all investigation reports submitted regarding complaints made by members of campus community and the general public against the UCIPD. The PAB will not review any complaints filed by UCIPD employees.
  2. Solicit public input by holding regularly scheduled and advertised meetings, which shall include time for public comment. 
  3. Review and deliberate in closed session to protect the confidential nature of the complaints and investigation reports.
  4. Submit advisory recommendations to the Chief of Police regarding (1) UCIPD policies, procedures, and 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. 
  5. Prepare an annual public report for the UCI community and the public as detailed further in Article 15.
  6. Submit minutes and updates quarterly to the nominating bodies if applicable.

Article 15. Reporting

  1. 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:
    • A summary information and statistical data regarding the number of Community Complaints filed;
    • The type of Community Complaints filed;
    • An analysis of trends or patterns;
    • The ultimate disposition of the Community Complaints (sustained, not sustained, exonerated or unfounded;
    • The percentage of Community Complaints in which the recommendations of the PAB were either accepted, rejected or modified by the Chief of Police; 
    • Recommendations made to the UCIPD regarding policies, procedures, and training;
    • The ultimate disposition of the recommendations regarding policies, procedures, and training that were either accepted, rejected, or modified by the Chief of Police; and
    • The percentage of recommendations made to the UCIPD regarding policies, procedures, and trainings that were either accepted, rejected or modified by the Chief of Police.

Article 16. Amendments

  1. These bylaws may be amended, altered, supplemented, or repealed by a request from a member of the PAB to the Chair detailing exact language to be amended.
  2. The Chair shall agendize such requests for the next upcoming meeting, subject to review by legal counsel.
  3. Such requests shall be approved by the chairperson of the PAB and a supermajority vote (two-thirds or 67% of members in good standing) of the PAB.
  4. Any changes to the Bylaws and the date of the most recent change must be made public on the PAB website.

The Bylaws are hereby ratified by the inaugural PAB on April 12, 2024.

The UCI PAB Bylaws were developed and modeled on the UC Davis Police Accountability Board Bylaws.