Resolution for an Executive Order Directing the California Attorney General to Investigate, Manage, Interpret, Prosecute or Inquire About Matters Relating To Sexual Misconduct of Law Enforcement Officers

RESOLUTION 16-11.07


Resolution for an Executive Order Directing the California Attorney General to Investigate, Manage, Interpret, Prosecute or Inquire About Matters Relating To Sexual Misconduct of Law Enforcement Officers 

WHEREAS, public concerns have been raised that the alleged incidents of sexual misconduct by law enforcement officers cannot be investigated or prosecuted at the local level without conflict or bias, or the public perception of conflict or bias; and

WHEREAS, it is necessary in the interests of public safety and public trust to ensure that a full, reasoned and independent investigation and prosecution of any such incidents is conducted without conflict or bias, or the perception of conflict or bias; and

WHEREAS, the foregoing compels us to conclude that constitutional obligations provide that in cases where an issue of a real or perceived conflict of interest exists, and to ensure full confidence in our system of criminal justice, the Attorney General of the State of California should be directed to investigate, manage, interpret, prosecute or inquire about any such incidents,

NOW, THEREFORE, BE IT RESOLVED that the California Democratic Party requests the California Attorney General to investigate, manage, interpret, prosecute or inquire about any alleged incidents of sexual misconduct by law enforcement officers to ensure that the laws of the State are being adequately enforced. The Attorney General shall have all the powers of a district attorney, and the Attorney General’s compliance with this order will supersede in all ways the authority and jurisdiction of a county district attorney to manage, interpret, prosecute or inquire about any such incidents.

AND BE IT FURTHER RESOLVED, for any matter covered herein, the Attorney General will provide a report on all cases where the Attorney General declines to prosecute on any charges. The report will include, to the extent possible and lawful, an explanation of that outcome and any recommendations for systemic reform arising from the investigation.


Sponsored by Jerilyn Stapleton
Authored by Jerilyn Stapleton, AD 46; Pamela Price, AD 18

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Adopted by the California Democratic Party
At its 2016 Winter Executive Board Meeting
Hyatt Regency Mission Bay

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