Extra

Berkeley will challenge a four-year-old police union suit against the city, said City Attorney Manuela Albuquerque at Tuesday night’s City Council meeting. 

A court hearing on the challenge is slated for Nov. 14 at 9 a.m. in Alameda County Superior Court. 

Albuquerque was reporting out a decision made jointly in closed session by a unanimous council and Police Review Commission. 

The suit against the city alleges that PRC hearings “violate the statutory and contractual rights of the officers” who are compelled to appear publicly at the inquiries. 

The Berkeley Police Officers Association says these hearings involve personnel matters, which should be confidential. 

The city will argue that, since the city manager and police chief are responsible for disciplining officers, the BPOA complaint is invalid. Only the disciplinary measures are confidential, Albuquerque says. 

Police Review Commission hearings on complaints against officers were suspended last month in response to a California Supreme Court decision, Copley Press vs. San Diego County, which, Albuquerque says is similar to the BPOA case. 

Albuquerque says in both cases the privacy of personnel matters applies to the discipline an officer receives, but not a review of the complaint against an officer, as performed by the PRC. 

If the city challenge is successful on Nov. 14, hearings on complaints against police officers will resume after that date.  

Meanwhile PRC Chair Sharon Kidd underscores that the public should continue to submit its complaints and they will be investigated. They will be heard by the PRC Board of Inquiry, however, only after resolution of the BPOA case.