HomeMy WebLinkAboutItem #A - CantrellDATE: 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
Questions and Clarifications and Revisions to June 13, 2020 Memorandum.
The purpose of this memorandum is to provide supplemental information based on questions and
clarifications and 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 SLO in 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 questions or provide any needed clarifications.
BLACK LEADERSHIP QUESTIONS
1. All future interactions with protestors must focus on protestor safety regarding traffic
control, and not impede on the direction of peaceful marches or demonstrations.
The San Luis Obispo Police Department has been focused on protestor and community
safety and 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
drivers not expecting to encounter pedestrians in roadways, law enforcement and public
works employees is 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
blocking facilities such as fire stations, police stations, hospitals, and major thoroughfares 1,
protestors have not been impeded if within those reasonable public safety parameters. The
City has supported the safety of protestors with rolling road closures that can be difficult
to support with limited staff and have obvious resource impacts.
1 For example, commercial arterials or intersections such as Broad Street, Santa Rosa (SR1), South Street,
Madonna/Higuera.
Memo – Additional Information Black 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 achieve safe outcomes for assemblies.
The City and Police Department respect the right to protest and we support peaceful
activities. The Police Department must balance many public safety needs. It is the policy
of the San Luis Obispo Police Department to be committed 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 PD to 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 priority and requires cooperation to be successful. If the
protest remains peaceful, then it will not be declared an unlawful assembly pursuant to PC
407 2. 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 disperse as ordered, there will be no further
need for contact by law enforcement. However, if protestors engage in physically
assaultive behavior or persist in unlawful conduct posing a risk to protester and public
safety, the police will use reasonable force to protect themselves and to disperse the
unlawful or unpeaceful 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 holds and 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 Information Black 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 arrested is likely guilty 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’s office evaluates cases in accordance with charging standards
established by the California District Attorneys Association, which evaluates prosecutorial
decisions consistent with the provisions contained in Penal Code Section 1096 3. 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 Council establishes budgets for local policing and
other general services and 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. The City 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 his or her guilt is satisfactorily shown, he or she is entitled to an acquittal, but the effect of
this presumption is only to place upon the state the burden of proving him or her guilty beyond a reasonable doubt.
Reasonable doubt is defined as follows: “It is not a mere possible doubt,because everything relating to human
affairs is 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 they cannot say they feel an
abiding conviction of the truth of the charge.”
Memo – Additional Information Black Leadership and RACE Matters
June 15, 2020
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budgetary authority over funding for social services or public education. All of those
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 regarding decriminalization, surveillance, facial recognition, use of force
policies, de-escalation, and other concerns.
These areas of law enforcement continue to be the focus of PACT meetings and public
forums and discussions have been and will continue to be underway with all law
enforcement associations, and the Governor concerning broad legislation intended to
address many of the issues in the community’s request.