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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 Page 4 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.