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HomeMy WebLinkAbout6/16/2020 Item Amendment A, Cantrell (2) DATE:June 15, 2020 TO:Mayor and City Council FROM:Deanna Cantrell,Police Chief VIA:Derek Johnson,City Manager DJ RE:Amendment Item A -Additional Information-Black Leadership and Race Matters Questionsand Clarifications and Revisions to June 13, 2020 Memorandum. The purpose of this memorandum is to provide supplementalinformation based on questions and clarificationsand to expand and modify responses in the June 13, 2020 memorandum.Staff made every attempt to provide responsive information based on questions from the Mayor, Black Leadership and Race Matters SLOin the memorandum dated June 13, 2020.The Police Department looks forward to the presentation at the City Council meeting on Tuesday,June 16th and will be prepared to answer any additional questionsor provide any neededclarifications. BLACK LEADERSHIP QUESTIONS 1.All future interactions with protestors must focus on protestor safety regardingtraffic control, and not impede on the direction of peaceful marches or demonstrations. The San Luis Obispo Police Departmenthas been focusedon protestor and community safetyand the objective of operations have been to protect protestors and the public from the inherent dangers of marching on unplanned routes where the risk to protestors,vehicle driversnot expecting to encounter pedestrians in roadways, law enforcement and public works employeesis significant. Over the past week, communication has improved with march organizers and all protestors. The City has worked with protestors and with the exception of accessing the freeway or 1 blockingfacilities such as fire stations, police stations, hospitals, and major thoroughfares, protestors have not been impeded if within those reasonable public safety parameters. The City has supported the safety of protestors with rolling road closuresthat can be difficult to supportwith limited staffand have obvious resource impacts. 1 For example, commercial arterials or intersections such as Broad Street, Santa Rosa (SR1), South Street, Madonna/Higuera. Memo –Additional InformationBlack Leadership and RACE Matters June 15, 2020 Page 2 2.No tear gas, rubber bullets, flash grenades, pepper spray or other violent tactics will be used against protestors. The Police Department always desires and works to achievesafe outcomesfor assemblies. The City and Police Departmentrespect the right toprotest and we supportpeaceful activities.The Police Department must balance many public safety needs. It is the policy of the San Luis Obispo Police Department to becommitted to providing law enforcement services to the community with due regard for the racial, cultural, or other differences of those served. It is further the policy of SLO PDto provide law enforcement services and to enforce the law equally, fairly,objectively, and without discrimination toward any individual or group.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).Changes in tactics once a protest poses a public safety risk will be made dependent on each individual circumstance. De-escalation will always be the priorityand requires cooperation to be successful. If the protest remainspeaceful, then it will not be declared anunlawfulassembly pursuant to PC 2 407.If,however, protestors assemble to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly, and an unlawful assembly order may be given. If protestors disperseas ordered, there will be no further need for contact by law enforcement. However, if protestors engage in physically assaultive behavioror persist in unlawful conduct posing a risk to protester and public safety, the police will use reasonable force toprotect themselves and todisperse the unlawful orunpeaceful assembly. 3.Ensure officers always have their Battery Worn Cameras on. A full discussion is in the June 13, 2020 memorandum. 4.Ban the use of knee holds and chokeholds. Knee holdsand chokeholds are not authorized use of force.A full discussion is in the June 13, 2020 memorandum 2 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=407.&lawCode=PEN California Penal Code§407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. Memo –Additional InformationBlack Leadership and RACE Matters June 15, 2020 Page 3 5.All criminal charges against protestors arrested during BLM protests must be dropped immediately and expunged. Pursuant to California Penal Code Section 836, peace officers are authorized to make an arrest based on probable cause. As such, the Police must believe that there is sufficient evidence that the person to be arrestedislikelyguilty of a crime. Once forwarded to the District Attorney’s office, charging and prosecution decisions are within the prosecutorial discretion of the District Attorney.According to the District Attorney’s Office, the DA’soffice evaluates casesin accordance with charging standards established by the California District Attorneys Association,which evaluates prosecutorial 3 decisions consistent withtheprovisions contained in Penal Code Section 1096. That section generally states that the guilt of a suspect must be proven beyond a reasonable doubt.If the District Attorney evaluates a particular case and does not believe a charge can be proven beyond a reasonable doubt, the District Attorney may choose not to prosecute the charges. 6.Establish a Civilian Review Board A full discussion is in the June 13, 2020 memorandum 7.Law Enforcement Officers must have rigorous training grounded in evidence-based practices and de-escalation techniques. This training must be provided by organizations and agencies that are committed to prosocial behaviors, upon recommendation of the review board. A full discussion is in the June 13, 2020 memorandum 8.Reallocate funding from policing and incarceration to long term safety strategies such as education local restorative justice services, and employment programs. Budget and Policy direction by the City Councilestablishes budgets for local policing and other general servicesand could provide budget and policy direction as to allocations within the scope of the City’s jurisdiction. Currently, the Council has directed $160,000 toward advancing diversity, equity and inclusivity within the City. TheCity does not have jurisdiction or budgetary authority over the County jail or the state prison system.The City is also not a social services or public education provider, does not receive funding from the state for provision of social or education services, and does not have jurisdiction or 3 A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether hisor herguilt is satisfactorily shown, heor sheis entitled to an acquittal, but the effect of this presumption is only to place upon the state the burden of proving himor herguilty beyond a reasonable doubt. affairsis open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that theycannotsay they feel an abiding convictionof the truth of the charge.” Memo –Additional InformationBlack Leadership and RACE Matters June 15, 2020 Page 4 budgetary authority over funding for social services or public education.All ofthose services are provided by the State of California and County of San Luis Obispo which is legally a subdivision of the State. 9.Continue follow-up and communication with the community regarding long-term reform regardingdecriminalization, surveillance, facial recognition, use of force policies, de-escalation, and other concerns. These areas of law enforcement continue to be the focus of PACT meetingsand public forumsand discussionshave been and will continue to be underway with all law enforcement associations,andthe Governor concerning broad legislation intended to address many of the issues in the community’srequest.