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The Berkeley Police Review Commission reviewed its concerns last week about the rule that allows the commission only 120 days to investigate complaints of misconduct against Berkeley Police Officers. 

The 120-day standard comes from a memorandum of understanding with the Berkeley Police Association, the union that represents police officers in Berkeley. 

If an officer is to be disciplined by either suspension or termination, that discipline must be imposed within 120 days from the date the complaint is filed with the city or the commission, said Barbara Attard, secretary of the commission. 

Commissioner David Ritchie and some other members of the PRC want to extend the four-month investigation period, originally set to coincide with the department’s own Internal Affairs investigation. The findings of the Internal Affairs are used in disciplining officers. 

The 120-day time frame surfaced in an earlier commission meeting attended by the city manager and the city attorney. The city officials discussed the possible effects of the June 1999 decision of the 4th District Court of Appeals in Caloca vs. the County of San Diego, which strengthens a police officer’s right to appeal a decision of misconduct. 

In Caloca the appeals court reversed the judgment of a trial court that denied four sheriffs the right to an administrative appeal in regard to the Public Safety Officers procedural Bill of Rights Act. 

City Attorney Manuela Albuquerque said the Caloca case opens the door for a cumbersome and therefore costly appeal process, and she suggested that the police chief no longer use the commission’s findings for any personnel-related purposes. 

She said the results of a PRC investigation are not used by the police chief for disciplining officers, but the chief might use them in considering promotions and assignments. The city manager holds the authority to determine discipline imposed on officers. 

The commission voted unanimously to request funding from City Council to obtain independent counsel to evaluate the extent of an appeal process. The commissioners seek to retain the impact their investigations currently have. 

Last week Ritchie, who is an attorney, said the 120-day limit no longer has any purpose in light of the city attorney’s statements, and in effect it constrains the commission’s investigations. 

“(The 120-day rule) was put in a number of years ago, and back then the assumption was we actually did have influence on discipline, and in order for our decision to have some impact the decision had to be available in a certain amount of time – 120 days,” Ritchie said. 

“The state penal code allows for a one-year rule. We would like to go for that.” 

Commissioner Lucienne Sanchez-Resnik said that if the commission asked to eliminate the 120-day rule, the request probably would have to go to City Council. 

Attard said the commission cases are reviewed by the city manager, and in theory the city manager could use them in discipline. The efficacy of the process could be lost if the commission ignores the 120-day time limit, she said.