HomeMy WebLinkAbout2/23/2021 Item 1, Gardiner February 23,2021
To: Mayor Harmon and City Council Members
Subject: Fo11ow-up to Verbal Comments at 2/16/21 meeting
As Council approaches discussion and action on the After Action report, I wanted to make a couple
comments which I did not have the opportunity express during my verbal comments made late into the
evening on the 16"'. I provide these for your consideration as you weigh through the emotionally charged
comments and strongly felt feelings which were part of many of the speaker's observations on that evening.
I do so understanding and respecting that these observations are genuinely felt and are part of the necessary
emotional catharsis this nation is going through as we mutually work to deal with systemic racism and
rela�ionships with law enforcement.
Back rg aund
In my 34 years in law enforeement, I have been part or in charge of multiple large-scale crowd control
operations. I have seen numerous devices and options developed to allow law enforcement to help control
situations which became dangerous to public safety for those in the crowd, the officers responsible for
dealing with the situation, and the overall community. All these options were developed specifically ta
reduce the need for direct physical interaction and resultant injuries between hostile members of the crowd
and law enforcement like the batons and fire hoses used in Selma.
I've been personally involved in large scale community disruptions including the"Fourth of July Riots"in
- Newport Beach and,unfortunately,the Poly Royal riots in 1989 and 1990 here in San Luis Obispo. Due to
the scale and violence,tear gas and pepper balls were necessary. These were the exception and I point to
the local protests against the Rodney King verdicts in 1992 as the norm.While the verdicts stimulated large
scale rioting in Southern California,we worked with local members of the community to facilitate protests
at the same location as the June lst incident. White the crowd was smaller, over several days we worked
collaboratively wit�i the protesters and there were no incidents. We mutually thanked and appreciated the
collabarative efforts of each other.
Concomitant with any use of force is the understanding that any force should remain at the lowest necessary
based on the situation. Those who have responsibility for handling these situations must consider a11 aspects
in making any decision to gain compliance of a crowd and the use of chemical agents is the last op�ion.
This includes the factors giving rise to the particular incident, the ability to communicate with crowd
leaders,the resources a�ailable,and the overall public safety of the community they are charged to protect.
June l,2020
With the ca�eat that my knowledge of the events is based on the very thoraugh After Action report
supplemented by viewing videos of the incident and individual conversations with those who had to make
the call,it is my personal and professional opinion that the use of tear gas and other agents was necessitated
by all the factors cited in the report. These included the length of time of the march, no identified leaders,
information that there were some who wanted to again occupy the freeway,the limited resources available
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to law enforcement, and the coming of darkness which can dramatically make these situations more
difficult.
One factor which was,I believe,given too little discussion was the overall responsibility of the SLOPD and
other law enforcement agencies to provide protection for the remainder of their specific communities. The
reality was the citizens of SLO were effectively without immediate police response for many hours as the
march required nearly all the resources of the department even with supplemental support from neighboring
agencies. This meant that any in progress event such as a robbery, domestic violence, or other dangerous
and often life-threatening acts would have had significant delays in response either by personnel from the
scene of the march or in mutual aid from adjacent agencies. Fortunately, as far as we know, this did not
occur but the longer the event went on the chances grew that something else could occur requiring a police
response.
In short, this situation was like a chess game in which only one side had to follow the rules. While law
enforcement goes through rigorous training and follows professional best practices and legal constraints,
this crowd had none of the same constrictions and had demonstrated a capricious and volatile behavior.
After thoughtful consideration and running out of options,the difficult decision to use chemical agents was
driven by all the above factors and the overall responsibility of law enforcement leadership to protect the
entire community while limiting the potential for injury to members of the crowd and the officers present.
Bias and Stereotyping
At the June 16t''meeting I heard too often statements which reinforced the bias and stereotyping of attitudes
towards law enforcement which the speakers attribute as a generalized bias that they believe law
enforcement has of people of colar. Particularly troubling was the use of the word"pig"which was directed
at the expert brought in to evaluate the After Action report.
While we all want to fix this country's systemic racism and change law enforcement ageneies who have
violated their public trust, the reality is that this department stands as a model far professional standards,
accountability (I can speak with certainty for my 14+ years), inclusiveness, and community
outreach. While any agency should always strive to improve, for over 30 years SLOPD has been actively
involved in maintaining the highest standards of professional and personal performance. It is ironic that as
many of the speakers claimed broad injustices and inequities based on skin color, so have they made
judgements and affxed detrimental attributes to those who wear blue,khaki,or green and carry a badge.
"Defund the Police"
Similarly, the call to punish all law enforcement by "defunding the police" in retribution for the horrific
actions of some law enforcement officers demonstrates overbroad vision that all departments suffer from
malignancies which must be exarcised. In reality and as I have said for many years following the adoption
of Prop 13,the remedies to the social issues which many want to fund on the backs of the department have
been and are being addressed by SLOPD — because they had to as the social safety nets were severely
diminished or eliminated at the state and local levels. That's why we worked to get officers into schools,
helped develop the Prado Day Center,partnered with County Mental Health to put a team on the street,and
developed contacts with organizations around the City working to better all members of our
community. You'll find no one at the PD who would fight against more funding to address the root causes
of these problems. But as others have noted and I agree,you can't gut the department either through direct
reductions in force or reductions in compensation which would limit our ability to attract the most qualified
people to the job without severely impacting the current level of service
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"Seek first to understand ..."
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- n rst od .
As the often ara hrased uote of St.Francis sa s Seek first to understand then to be u de o
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In these difficult times it is easy to be caught up in verbal invective based on what someone may think they
know. Too often,this has led to unwarranted action and violence. All you must do is look at the attack on
th
, our Ca itol on Janua 6 . Years of lies created an alternate reali for man who feel a ieved and were
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incited to act resulting in death,destruction,and the greatest attack on the principles of our country that any
of us can remember.
It is in this environment that considered and thoughtful leadership becomes paramount. This is particularly
true for our elected and governmental leaders. People are listening and looking for reassurance that they
are being heard, It also becomes imperative that we redouble our efforts to help educate those not familiar
with governmental practices while ensuring that the government practices are responsive to the needs of
their communities.
SLO and the counhy are in the process of change which will either bring us closer together or will drive us
further apart. My personal take is we are much better prepared to build togetherness than most of the
communities across our nation. It is based on the professional and committed leadership of elected leaders
and the outstanding staff they have led over the years. The tradition of this community can be a model for
many to emulate. It's because we have always looked to do it better in every aspect of community service.
With your collective leadership, I'm optimistic that this incident can serve as the first step build an even
�� better community.
Res ectfully,
� ��ic. ���,me.oa-
nn Gardiner
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