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HomeMy WebLinkAbout6/16/2020 Item Amendment A, Cantrell DATE:June13, 2020 TO: MayorandCity Council FROM:Deanna Cantrell, Police Chief Derek Johnson, City Manager DJ VIA: RE:Communityand MayoralQuestions The recommendation is to receive this memorandum and provide direction to the City Manageron the specific areaof citizen oversightand staff will be ready at the June 16, 2020 meeting to provide a presentation and answer any questions.This memorandum and theattachmentsrespond to recent inquiriesregardingpolicing tactics and strategiesarisingfrom thesenseless and shameless killing of Mr. George Floyd that is an unfortunate reminder of systemic injusticeinsocietythat must be addressed. Over the past week, we haveheard many people in our community and across the nation demand transformative changes in policing. Attachment A is intended to comprehensively respondto these inquiries in atimelymanner with information specific to the San Luis Obispo Police Departmentrelated to questions and issues presented by #8CANTWAIT, Mayor Harmon, R.A.C.E. Matters SLO, and Black Leadership. In preparing this report, we recognize that not all police agencies are identicaland policing standards vary throughout the United States.Ourdepartment acknowledges there is further work to do andvalues its community relationshipsand positive record on the issues that are at the forefront right now.We welcome the opportunity to answer questions that have been posed to continue down the path to better policing. A paththat we have been on with our community for severalyears. TheCity continues to work with community leaders and rally organizers as we gain information and insight about scheduledandunscheduledrallies, protests,and marchesto ensure the safety of participants and the public.The Police Department will be preparing an After-ActionReportthat highlightslessons learned from recent protests and evaluates what worked well and what adjustments to policies, practices and tactics to protect our communityshould be consideredto support positive future outcomes. TheSan Luis ObispoPolice Department has been on a transformative journey over the last several years and while there ismore work to be done, we also include an overview of part of the journey inAttachment Bof this report, to provide further context to the requests received. The journey is also reflected2016Strategic Plan. SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS ATTACHMENT A Comprehensive Response to Mayor Harmon, R.A.C.E Matters SLO and Black Leadership Questions: We strongly support the need to address questions about use of force and excessive force and to that end, racial injustice in our community. The fact is that we are fortunate that we do not have , nor any sustained findings of the use of excessive force. We are committed to continuing our work with the community, to increase awareness of Police Department practices and to build trust in the training and continuous efforts of this Department. We agree that there is work to be done in law enforcement and that bad law enforcement officers and claims of inequitable enforcement have broken relationships in many cities and need reform. We welcome dialogue with anyone who would like to understand policing better, work on improving relationships and discuss what reform looks like in the City of San Luis Obispo. The responses below include references to State law and to Departmental policies. The Police Department utilizes Lexipol, a subscription to a full library of customizable, state-specific policies as well as thousands of hours of online learning contentall accessible 24/7 through in-vehicle computers or smartphones. 1. Are the police officers in the San Luis Obispo Police Department being trained to de- escalate altercations by using peaceful conflict resolution strategies? Yes, every SLOPD officer is trained in de-escalation techniques as part of the Field Training Program every officer is required to complete, before going on patrol by him/herself in the City of San Luis Obispo. De-escalation tactics and techniques are a fundamental principle in law enforcement employed to increase the likelihood of voluntary compliance and cooperation. These techniques are actions undertaken by an officer(s) to avoid physical confrontations, unless immediately necessary to protect someone or to stop dangerous behavior. It is an integral part of responding to critical incidents and mental health related calls, and when officers are working with violent suspects, they learn to utilize verbal commands and specialized tools, like less-lethal i weapons, to safely control the situation. Furthermore, community policing and the creation of robust community partnerships is a main objective during Phase 3 of the Field Training Program. In addition to and in support of the de-escalation policy, police department staff, both sworn and civilian, participate in various trainings focused on communications, crisis intervention, mindfulness, principled policing, implicit bias, and diversity and inclusion. Besides the Field Training program, SLO PD officers have received a total of 3,080 hours of de-escalation and communication training over the past five years. Some of these trainings are described below: Crisis Intervention Training (CIT) This training teaches about verbal and non-verbal communication, body language and techniques that can be used to calm a situation. The San Luis Ʀŭ͵ Ћ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS Obispo Police Department aims at having 100% of its personnel trained in CIT; currently 76% of all police department employees have completed the training. Tactical Communication - (required bi-annual course for all dispatchers and peace officers) - persuasion, utilizing the tools of interpersonal communication while being able to observe actions and emotions through non-verbal communication. The training provides an overview of tactical communication, questioning techniques, inappropriate language, and communication elements paired with the four emotional intelligence competencies: Self-Awareness, Self-Management, Social Awareness, and Relationship Management. Crisis Negotiation- This training prepares officers for the various challenges during negotiation events and makes officers effective communicators. Utilizing case examples, the training examines and practices proven strategies to assist officers during negotiation incidents. Dispatch Crisis Negotiation - This training provides dispatchers a better understanding of identifying a crisis negotiation situation, as well as the understanding of the principles of crisis negotiation. Dispatchers receive training on the various roles and responsibilities of a dispatcher, responding field units, and the crisis negotiations team. Training also includes how to combat stress during and after a crisis negotiation incident and the importance of incident de-briefing. Principled Policing: Procedural Justice & Implicit Bias Training This training consists of six areas that focus on policing approaches that emphasize respect, listening, neutrality and trust, while recognizing and addressing implicit biases that can be barriers to these approaches. The training works to create a broader awareness of both procedural justice and implicit bias to build trust and improve public and officer safety. 77% of San Luis Obispo Police officers and 100% of the Field Service Technicians have participated in this training. Nobility of Policing This training focuses on human development, developing personal effectiveness in areas including leadership, respect, resilience, health and wellness, positive psychology, mission and purpose, diversity and inclusion, and team building. ii The following trainings are related to mindfulness which have been shown to increase a police -being. Police officers who are aware of their emotions and reactions in the line of duty are more resilient and better equipped to continue to serve the public. Mindfulness is a category of mind training that explores the three different modes of attention and trains them to enhance new forms of concentration, self-awareness, and situation awareness. This helps to enhance all cognitive, emotion regulation, tactical, and interpersonal skills. These trainings are grounded in science and practice. The Blue Courage Academy: The Heart and Mind of the Guardian - This training focuses on tactical and critical incident survival, helping officers to prevent and recover from the aftermath of critical incidents. Through the training, officers improve their decision-making skills, learn to build relationships, and trust within their community, and develop an organizational culture of learning, critical thinking, tolerance, and curiosity. Ʀŭ͵ Ќ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS Mindful Badge Initiative - This training focuses on how mindfulness relates to resilience, warrior- humanitarian ethos, and human performance optimization. These skills provide the foundation to thrive through adversity and trauma and the wisdom to understand strategies for recovery, pliability, and striving toward a sustained post-traumatic growth. Policies and Laws Supporting De-escalation The SLOPD Lexipol Policy 300.3.3 DE-ESCALATION states An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force. Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used. Escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning. In August 2019, Governor Newsom signed California Assembly Bill 392, a police use-of-force bill that redefined the circumstances under which the use of lethal force by a peace officer is considered justifiable. The law is intended to encourage law enforcement to increasingly rely on alternative methods such as less-lethal force or de-escalation techniques. AB 392 in part, recognizes that an officer may need to use objectively 1 Code, § 835a, subd. (d).). In these circumstances, AB 392 desist from their efforts by reason of the resistance or threatened resistance of the person being - escalation tactics in responding to resistance. (Ibid.; see also Pen. Code, § 835a, subd. (a)(2). Senate Bill 230 addresses policy and training regarding AB 392 Senate Bill 230, which is effective January 1, 2021, and was passed shortly after AB 392, requires law enforcement agencies to adopt a use of force policy containing 20 specified elements and to make this policy accessible to the public. (Gov. Code, § 7286, subds. (b), (c).). Our current Lexipol policy currently addresses many of these elements. Some of the specified elements are as follows: A requirement that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. 1 CA Penal Code § 835awho has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome s efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to over When assessing the reasonableness of force, and when determining whether an officer has used reasonable force, various factors are being taken into consideration, as time and circumstances permit (Lexipol policy 300.3.2). Ʀŭ͵ Ѝ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. A requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer. Procedures for disclosing public records in accordance with \[Penal Code\] Section 832.7. A requirement that an officer intercedes when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. Comprehensive and specific guidelines regarding approved methods and devices available for the application of force. An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased. Comprehensive and specific guidelines for the application of deadly force. Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with \[Government Code\] Section 12525.2. The role of supervisors in the review of use of force applications. Training standards and requirements relating to demonstrated knowledge and investigators, and supervisors. Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted Factors for evaluating and reviewing all use of force incidents Minimum training and course titles required to meet the objectives in the use of force policy 2. Are the police officers in the San Luis Obispo Police Department forbidden from using carotid restraints (chokeholds, strangleholds, etc.) and hog-tying methods? No. Strangleholds and chokeholds are not permitted in our policies (Lexipol policy 300: Use of Force) and, effective immediately, our department has also placed the use of the carotid restraint, which is rarely used, in suspension until further review. Ʀŭ͵ Ў SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS Chokeholds and strangleholds are typically not taught nor used by law enforcement personnel. Choking individuals would be classified as deadly force given the likely resulting injury would be serious bodily injury or death. Various law enforcement agencies across the United States have used neck restraints and carotid control holds to minimize injuries. Such techniques are typically taught in conjunction with a system of application of pressure to the sides of the neck, avoiding the windpipe. The disadvantage of banning the use of the neck restraint and carotid restraint techniques is that the use of force may escalate to other more lethal uses of force in circumstances where an officer could subdue an individual without serious injury. SLOPD officers - Per Lexipol policy 305, only handcuffs, plastic cuffs, front handcuffs attached to waist belts, leg restraints, or spit hoods may be applied, where deemed necessary. When restraints are utilized during the transport of a detainee, officers are required to notify the jail upon releasing the detainee in their custody (Lexipol policy 305.3.4). Furthermore, any restraint used must be documented in t (Lexipol policy 305.8). The officers are required to include the following facts in their report: Factors that led to decision to restrain, Supervisor notification and approval of restraints, How a detainee was restrained, Amount of time a person was detained, How the detainee was transported & the position in which the person was transported, O and any known or suspected drug abuse or other medical problems. 3. Furthermore, are they forbidden from transporting civilians in uncomfortable positions, such as face down in a vehicle? SLOPD does not transport detainees in a face down position. See above for policy 305.8, referencing restraints. In addition, Lexipol policy 469.4 states how injured or ill detainees are to be transported: Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Lexipol policy 339 states: It is a violation of department policy, to use unreasonable and unwarranted force to a person encountered or a person under arrest or to exceed lawful peace officer powers by unreasonable, unlawful or excessive conduct. Ʀŭ͵ Џ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS 4. Are the police officers in the San Luis Obispo Police Department required to intervene if they witness another officer using excessive force? Will officers be reprimanded if they fail to intervene? Yes, officers are required to intervene. SLOPD policy (Lexipol policy 300, Use of Force; Lexipol policy 300.2.1 (Duty to Intercede) states: Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. Lexipol policy 404 states that the law enforcement services to the community with due regard for the racial, cultural, or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively, and without discrimination toward any individual or group. Should this policy not be observed by a member of the department, it is the responsibility of the observing member of the department to intervene, in order to prevent any biased-based actions by another member of the team (Lexipol policy 404.4.1) Lexipol policy 339.5.9 states It is a violation of law and department policy, to use unreasonable and unwarranted force to a person encountered or a person under arrest or to exceed lawful peace officer powers by unreasonable, unlawful, or excessive conduct. Furthermore, it is a violation to engage in unauthorized or unlawful fighting, threatening, or attempting to inflict unlawful bodily harm on another. An internal investigation, as outlined in Government Code Section 3300 will be conducted on any policy violation allegations and if discipline is warranted, it will be imposed. Additionally, SB 230 which passed last year and was previously discussed outlines the following: A requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer. A requirement that an officer intercedes when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. The Senate bill further requires the creation of Penal Code section §13519.10, which requires the California Commission on Peace Officer Standards and Training (POST) to implement courses for the regular and periodic training of law enforcement officers in the use of force. Officers with the San Luis Obispo Police Department are required to complete 8 hours of use of force training every 18months. This is consistent with POST requirements. Ʀŭ͵ А SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS 5. Are the police officers in the San Luis Obispo Police Department forbidden from shooting at moving vehicles? No, officers may shoot at a moving and only under extreme and limited situations. SB 230 requires includes guidance on the limited situations that would warrant shooting at moving vehicles and SLOPD Lexipol policy 300.4.1 states, n officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Furthermore, it states that officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. SLOPD officers have been forced to run and/or jump out of the path of moving vehicles to avoid being hit, as opposed to shooting at them. While shooting at moving vehicles is rarely the safest course of action, it is sometimes the only course of action to stop an imminent threat. For instance, if a suspect in a vehicle drove through Farmers Market or other gathering of people in the street or public area, shooting at that vehicle may be reasonable and appropriate given the totality of the circumstances at the time. 6. Is there a clear and enforced use-of-force continuum that details what weapons and force are acceptable in a wide variety of civilian-police interactions? The use of force continuum has been replaced with evidence-based use of force policies that require officers to create physical space and separation to allow for the use of de-escalation techniques. The reason for this shift is that, officers are required to make decisions in rapidly changing situations. The evidence-based use-of-force policies focus on requiring officers to create 2 physical space and separation to utilize de-escalation techniques. These training and policy requirements are captured within SB 230 and in the policies adopted by our agency. The goal of our policies is to protect the officers while they protect the community and to successfully manage the risk for the City. The following are key policies that provide direction on reasonable use of force. 2 Various verbal and non-verbal de-escalation techniques have been proven to defuse emotionally charged or violent situations. De-escalation techniques include: initiating a conversation and develop rapport with the subject, displaying patience and a calm demeanor, being courteous, avoid overreacting, or brisk reactions, repositioning to create more space between the officer and the subject, relaxed body posture, speaking calmly and slowly, moderate eye contact, removing distractions or disruptions, if possible, active and judgment-free listening, identify sufficient avenues of retreat of escape (Lexipol policy 468.6), Giving the subject time to calm down and focus, and managing the scene to avoid further stressors can be successful. Giving clear and precise instructions, as well as considering why a subject might not cooperate, will benefit the de-escalation of a volatile situation (Lexipol policy 418). Offering services or s de-escalation, Techni have also been shown to increase the success of de-escalation techniques, highlighting the importance of mindfulness training for law enforcement officers. Furthermore, it is important for the officer to assess and re- assess the available information and influencing factors continuously to adjust the approach and methods used. Ʀŭ͵ Б SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS Lexipol Policy 300.2 The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. Lexipol Policy 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a). The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons, or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 7. Are the officers in the San Luis Obispo Police Department required to exhaust every other possible option before using excessive force? Excessive force is never authorized and would, by definition, constitute a violation of City policy. Ʀŭ͵ В SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS See above response in questions 6. Asking officers in tense uncertain circumstances to exhaust any and all possible alternatives is simply not realistic when confronted with immediate threats with sometimes only split seconds to make life and death decisions. This requirement was rejected in AB 392 because of the untenable position it puts officers and departments in by permitting second-guessing of split-second decisions. Instead, the focus should be on training alternatives to deadly force, requirements on reasonable and proportional force, and de-escalation requirements, all of which are contained in SB 230 SLOPD Lexipol policy 300.4 requires officers evaluate the use of other reasonably available resources and techniques when determining whether to use deadly force, and deadly force is only used when there is an imminent threat of death or serious injury to the officer or another person, in accordance with Penal Code § 835a. Officers are trained during the Field Training Program given the totality of circumstances known at the time, in accordance with Graham vs. Conner (1989) US Court 109 SC, 1865; California PC Sections 835, 835(a), and 843. 8. Are the officers in the San Luis Obispo Police Department required to give a verbal warning to civilians before drawing their weapon or using excessive force? Again, use of excessive force is never authorized and its use would be cause for disciplinary action. Law enforcement officers are frequently forced to make split-second decisions in tense, uncertain, rapidly evolving, and dangerous circumstances. Lexipol Policy 300.4 reflects the changes required byAB 392, which states er shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those This requirement is consistent with federal case law. appropriately acknowledges that it is not always possible nor prudent for an officer to warn someone before using deadly force. 9. Are the officers in the San Luis Obispo Police Department required to report each time they threaten to or use force on civilians? SB 230 requires notification r Consistent with SB 230, City policy requires all law enforcement actions by SLOPD are documented, to include uses of force and threats of force. The Department provides data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury to the California Department of Justice annually. Additionally, legislation from 2015 (Assembly Bill 71) requires statewide detailed reporting requirements on serious use of force incidents. SB 230 also requires officers to report excessive force they witness. Ʀŭ͵ ЊЉ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS 10.Are the officers in the San Luis Obispo Police Department thoroughly vetted to ensure that they do not have a history with abuse, racism, xenophobia, homophobia/transphobia, or discrimination? Background investigations for peace officers must be conducted according to California POST standards and the history of a peace officer applicant must be thoroughly investigated to make sure that the applicant is of good moral character \[Government Code 1031(d)\] and that nothing in his/her background is inconsistent with performing peace officer duties. Evidence of the type of history described in the question would disqualify an applicant from meeting these standards. The background investigation is also conducted to ensure that the applicant meets the minimum selection requirements of Commission Regulation 1953 and Government Code Section 1031. Background investigations include in depth interviews of the applicant, prior employers, neighbors, and family members, in depth review of employment records, social media history, education and certification verification, psychological evaluation, and polygraph. The SLOPD has a robust process to ensure the high standards set by POST and the SLOPD can be met. Background investigations for an officer typically take five to eight weeks to conduct and are reviewed and examined thoroughly by several experienced investigators and the command team. Furthermore, the department works with experienced polygraphers and psychologists to ensure the accuracy and reliability of the polygraph and psychological screenings. Personal social media that is available for public viewing is evaluated for indicators of bias that could conflict with values. The San Luis Obispo Police Department is audited annually by POST to ensure background investigations are conducted effectively and in accordance with POST standards. 11. Are the officers in the San Luis Obispo Police Department trained to perform and seek necessary medical action after using excessive force? Again, use of excessive force is never authorized and its use would be cause for disciplinary action. Allofficers are required to receive at least ten hours of first aid training biannually, according to SLOPD Lexipol policy 469.11, and, are capable of rendering first aid in a variety of situations faced routinely by officers, should the need arise, until medical professionals arrive at the scene. Lexipol Policy 466.2 POLICY It is the policy of the San Luis Obispo Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. Lexipol Policy 466.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Furthermore, SLOPD Lexipol policy 466.4 clearly states that xcept for extraordinary cases, where alternatives are not reasonably available, members should not transport persons who are Ʀŭ͵ ЊЊ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS unconscious, who have serious injuries, or who may be seriously ill. In those cases, EMS will handle the transport, with an officer accompanying the arrestee safety. Furthermore, f an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking; if an arrestee is seriously injured, then transport should be handled by ambulance. 12.Is there an early intervention system enforced to correct officers who use excessive force? Additionally, how many complaints does an officer have to receive before they are reprimanded? Before they are terminated? Again, use of excessive force is never authorized and its use would be cause for disciplinary action. Every use of force at SLOPD is documented by a supervisor and reviewed by command staff to determine whether all actions taken were within department policy, including use of force. All officers are required to perform eight hours of defensive tactics training every 16 months, which includes topics covering use of force so that officers understand what is appropriate and what is excessive and, therefore, impermissible. Once again, excessive force is unlawful force and is a very serious offense that is different than a use of force. The San Luis Obispo Police Department uses IAPro to track and document allegations of misconduct and use of force. IAPro has an early warning and intervention system with thresholds to identify Officers that utilize force. Every use of force at the San Luis Obispo Police Department is documented in IAPro by a supervisor and reviewed by command staff to ensure force used was not excessive and all actions taken were within department policy. Additionally, all officers are required to perform eight hours of defensive tactics training every two months, which includes topics covering excessive force and de-escalation. Every allegation of misconduct is investigated. Every investigation is adjudicated on its merit and the totality of the circumstances, and whether it is the first or fifth, if discipline or training is warranted, it will be imposed. during adjudication. If use of force policy non-compliance is discovered, discipline will vary based on the factual evidence that has been collected during an investigation. There is no set number of complaints an officer must receive to receive discipline up to and including termination. The range of disciplinary action for a founded policy violation and/or misconduct could range from remedial training or verbal reprimand to termination, depending on the nature and severity of any founded complaint of misconduct. Even a single instance of severe misconduct could result in significant disciplinary action or termination. Ʀŭ͵ ЊЋ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS 13.What is the operational guideline for body cameras, including the need to ensure that they are always powered and operational? 3 The use of body-worn cameras is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. As stated in SLOPD Lexipol policy 480, he San Luis Obispo Police Department recognizes that video recording of contacts between Department personnel and the public provides a record of these events. The use of a recording system complements field personnel in the performance of their duties by providing a video record of enforcement and investigative field contact which can enhance criminal prosecutions and limit civil liability. Body-worn cameras can be used for training to maximize the safety of department personnel and members of the public they serve. However, studies have proven that video recordings do not necessarily reflect the experience or state of mind of the individual member(s) in each incident. Video recordings have limitations and may depict events from only a single perspective sometimes differing from the events recalled by the involved member. The recording device will capture information that may not have been heard and/or observed by the involved member and the involved member may see and hear information that may not be captured on video. Prior to going into service, each uniformed member is responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. It is the policy of the San Luis Obispo Police Department (Lexipol Policy 480) that the LED indicators on the portable recorder shall not be turned off at any time in order to serve as a visual indicator to other members and the public. The only exception to this policy is that the recorder can be placed into "covert" mode temporarily, turning off the lights and audio, when the illumination from the LED lighting would compromise member safety. Officers shall document the existence of a recording in any report, including any instance where the recorder malfunctioned, or the member deactivated the recording. Members are required to include the reason for deactivation. Lexipol Policy 480.5 states, members will make every reasonable effort to activate their portable recorder prior to initiating any investigative or enforcement activity involving members of the public If the body-worn camera is in use continuously, the battery is expected to last about nine hours, which is the industry standard. Officers are instructed to charge their body-worn camera at the end of each shift, in accordance with Lexipol policy 480.4. 14. What are the educational requirements of our officers? To become a peace officer, one has to graduate from High School/ obtain a GED and complete the POST Basic Course (full time for 6 months), as well as the Field Training Program (up to 16 3Maintain a safe city by working in partnership with the community to protect life and property, prevent and reduce crime, and improve the quality of life in our neighborhoods while preserving the rights of all through a commitment to Service, Pride and Integrity. Ʀŭ͵ ЊЌ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS weeks) with the San Luis Obispo Police Department. career through training, much of it mandated. Every peace officer has to complete legislatively mandated training, like arrest and firearms, first aid, vehicle pursuit, racial and cultural diversity, child abuse, hate crime, and sexual harassment training, just to name a few. Some training also requires periodical refresher courses. Since January 1, 2002, all peace officers in California (except reserve officers) below the middle management position and assigned to patrol, traffic, or investigation are required to complete Perishable Skills (see below) and Communications training. In lieu of completing the training, the requirement may be met by successfully passing a presenter-developed test that measures the approved training objectives. The San Luis Obispo Police Department also requires training in the following: CIT (Crisis Intervention Training), Dangerous Animals: Dog Encounters Training, and Principled Policing Training. Perishable Skills training consists of a minimum of 12 hours in each two-year period. Of the total 12 hours required, a minimum of four hours of arrest and control, driver training, tactical firearms, and communication. CITIZEN REVIEW BOARDS/OVERSIGHT SYSTEMS In many communities in the United States, residents participate to some degree in overseeing their local law enforcement agencies. The degree varies and is dependent on a variety of legal, financial and community factors. The most active citizen oversight boards investigate allegations of police misconduct and recommend actions to the chief. Other citizen boards review the findings of internal police investigations and recommend that the chief approve or reject the findings. In still others, an auditor investigates the process by which the police department accepts or investigates complaints and reports to the department and the public on the thoroughness and fairness of the process. Citizen oversight systems, originally designed to temper and standardize police discretion in the 1950s, have steadily grown in number through the 1990s. Determining the proper role has a challenging history and must be properly and judiciously established from inception to implementation in order to achieve elected council and community expectations. The U.S Department of Justice prepared a review of police department oversight systems in a publication entitled Citizen Review of Police: Approaches and Implementation. A critical part of this complex subject naturally needs to evaluate the intersections between labor agreements, state, and federal law. There are many models and options that would need to be evaluated to establish a new advisory body that fits into the unique legal and policy setting in California and San Luis Obispo, including current state law and restrictions on access to police personnel records. If directed by Council, staff recommends returning with a Council Agenda Report (CAR) and presentation that encompasses options for establishing a citizen review board. The presentation would include options on systems and structures, scope of authority, strategies and membership and the role of such a board in responses to complaints related to police misconduct within the Ʀŭ͵ ЊЍ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS comprehensive framework of existing laws, contracts, and oversight systems. It should be noted that the diversity of the Police Department has increased significantly over the last 5 years. SAN LUIS POLICE DEPARMENT DEMOGRAPHICS As stated previously, the success of any police department is built on trust and should be representative of the values and people that it serves. The following is a comparison of 2015 to 2020of the SLO Police Department 2015 % of 2020 % of 2015 % of 2020 % of All All Sworn Sworn Employees Employees Employees Employees Black 1.20% 3.37% 1.69% 4.92% Latino 9.64% 20.22% 11.86% 21.31% Asian 2.41% 4.49% 0 3.28% White 87% 71.91% 88.14% 70.49% Females 34.94% 38.20% 11.86% 16.39% Ʀŭ͵ ЊЎ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS ATTACHMENT B BACKGROUND This Mission of the SLOPD is to community to protect life and property, prevent and reduce crime, and improve the quality of life in our neighborhoods while preserving the rights of all through a commitment to Service, Pride While many Law Enforcement agencies throughout the nation are committed to community policing, neighborhood problem-solving, and community engagement, not all law enforcement agencies subscribe to the need for new, innovative policing and community interaction methods needed to reach our marginalized communities and strengthen our 20 years, including four years with SLOPD. Policing has grown significantly more challenging with increases in crime, decreased funding for mental health services, homelessness, substance abuse and recovery, offender re-entry programs, and educational and vocational training opportunities, all occurring in a context of calls for greater transparency; tightening budgets; rapidly evolving technology; fractured social and political landscapes, and increased social media. A lack of funding for social services from the Federal, State, and County level has forced police departments to be first responders to many calls for service that may not need a law enforcement response at all and, in fact, are ill-suited to, and potentially escalated by, a law enforcement response. In San Luis Obispo we partner with the community to address current challenges and create a more positive environment for those we serve and for our staff. We have a community that is willing to support social reform and community policing efforts. Together we have worked to learn about our community members and their needs, build sustainable relationships through open and honest dialogue, changed perceptions and negative opinions, and moved toward making meaningful changes. Even with these efforts, there is still more work to be done in San Luis Obispo and SLOPD is committed to this work. In contrast, relationships between many police departments and the communities they serve have been strained by mistrust, fear, and multiple, widely publicized instances of abuse without consequence. We fully understand that the negative actions or inaction in other communities, erodes the trust we have built in our own and, therefore, we see the community engagement not as an end, but as a continuing necessity to ensure the safety of our community. Our Continuing Commitment In January of 2017, the San Luis Obispo Police Department started PACT (Police and Community Together), to foster open, honest communication between marginalized community members and police to engage in tough conversations in a safe and civil forum about topics that are relevant and recurring. Today there are approximately 45 participants in PACT and during the past three years, Ʀŭ͵ ЊЏ SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS this engagement has broadened police perspective into our own policies and actions and built long- term sustainable relationships between the community and the Police Department. PACT provides a platform for education, discussion, and overall positive interactions between different groups that may not have the ability to converse and interact in this manner otherwise. In addition to the various community liaisons, PACT also partners with community groups and non- profits such as Transitions Mental Health, our interfaith community, Tranz Central Coast, Five Cities Diversity Coalition, Central Coast Commission for Inclusive Schools, the Human Relations matter SLO, the Anti-Defamation League, NAACP, and more. These community group partners have proven to be beneficial as they are key resources to the groups that we are trying to connect with. They have a variety of perspectives and input on topics that are discussed and create a more trusting and positive environment. Tangible results from PACT include: 1. In-service training to all police personnel regarding transgender individuals and how best to interact with the transgender community. A PACT member provided this training when the need was identified through an established relationship with LGBTQ community leaders. Using our PACT members to discuss topics that they are both passionate about and have firsthand experiences in, increases the ability for the training to resonate and be practical in serving our community. 2. Expanded outreach through Police Education and Community Engagement (P.E.A.C.E) is a series of discussions touching upon topics related to policing a community. P.E.A.C.E and PACT have worked hand in hand during a variety of the P.E.A.C.E talks by inviting our PACT community group partners to participate on panels regarding different topics such as mental illness and homelessness. Additionally, PACT members often attend these P.E.A.C.E talks and bring fellow members of their community with them. 3. Hate expression incident documentation and crime reporting began in 2017 because of the many national high-profile hate crime incidents that occurred throughout the nation. The goal of this was to analyze trends related to what can lead to hate crimes, prevent hate crimes through education and intervention, and to document incidents of hate expression for future related cases. Having Officers that know and work to understand our marginalized community members and take a report on what would normally be deemed a non-reportable First Amendment issue has increased trust amongst Police and community members. Taking a report on incidents of hate speech has provided victims a much-needed voice, that they know is being heard by their police department and helps create a record our partners and the community about the elements of hate crimes and hate expression and a process to encourage people to report these crimes. By training our most marginalized communities to notice and report these incidents, we have been able to bridge the gap and build a trusting relationship between law enforcement and our marginalized communities. 4. Formal and informal meetings, over coffee, meet and greets, bi-monthly meetings, training, and continued dialogue between the individual PACT members and the larger PACT group helped establish and maintain important relationships between the police liaisons and their community advocates, thus connecting officers with the community they serve. Ʀŭ͵ ЊА SAN LUIS POLICE DEPARTMENT RESPONSE TO MAYOR AND COMMUNITY QUESTIONS The effectiveness of PACT may be measured in a variety of ways including stronger relationships, training and awareness, and recognition of its purpose and practices. In 2018, a PACT member nominated, and US Congressman Salud Carbajal awarded the Police Chief the Congressional Woman of the Year award for outstanding work facilitating dialogue between the San Luis Obispo Police Department and members of marginalized communities. In 2019, the Jewish Community Center CEO nominated PACT for the Helene and Joseph Sherwood Award for combatting hate from the ADL and in 2019, the SLOPD received the award. SLOPD has significantly increased the diversity within the Police Department over the last 5 years as we work towards a police department that is more than reflective of those we serve. The performance is measured through a variety of metrics including calls for service, crime trends and crime reduction, positive contacts and includes monitoring use of force incidents to ensure the investment in training, community partnerships, and community policing are resulting in less force and injury. Promoting community policing; embracing systemic reforms; and improving police training, policies, and procedures will require both dedicated resources and an enduring commitment from police leaders, community members, and elected officials. The work is not done, there is more to do and we cannot do that work without strong community partners. i Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. https://cops.usdoj.gov/RIC/Publications/cops- p157-pub.pdf ii https://www.ebpsociety.org/blog/education/381-mindful-or-suicidal-recommendations-for-improved-mental- health-among-police-officers Ʀŭ͵ ЊБ