Title
Recommendation that the City Council: (A) Authorize the Mayor to Sign-On to Former President Obama’s Pledge to Introduce Common-Sense Limits on Police Use of Force; (B) Authorize the City Manager, in Partnership with the Chief of Police, to Evaluate and Update Alameda Police Department Policies Related to the “8 Can’t Wait” Initiative. (City Manager 2110)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In response to the release of a video on a Police call, this agenda item is being presented with initial options for City Council to provide direction in moving forward in addressing community concerns. The City has identified a few immediate actions while we continue to work toward changes in the future.
Former President Barack Obama has initiated a pledge that Mayors, Councilmembers, and others responsible for police oversight, can take as a commitment to introducing common-sense limits on police use of force. The pledge program involves four steps: review, engage, report, and reform. Staff is recommending that the City Council authorize the Mayor to sign-on, on behalf of the City Council, to the pledge and direct staff to complete the necessary steps in a timely fashion.
In addition to the pledge, staff is also recommending that the City Council provide policy direction to the City Manager, in partnership with the Police Chief, to evaluate and update City policies as they relate to “8 Can’t Wait” recommendations. Staff will report back to Council regarding changes made relative to “8 Can’t Wait” as a standalone item and/or as part of the Mayor’s Pledge.
BACKGROUND/DISCUSSION
Mayor’s Pledge
The Police Department continues to look for ways to improve. To that end, staff is recommending that the City Council authorize the Mayor to sign-on to former President Obama’s Mayor’s Pledge, whereby President Obama has invited Mayors, Councilmembers, and others responsible for police oversite to take a pledge committing to introducing common-sense limits on police use of force. The pledge involves taking the following four steps:
1. REVIEW your police use of force policies.
2. ENGAGE your communities by including a diverse range of input, experiences, and stories in your review.
3. REPORT the findings of your review to your community and seek feedback.
4. REFORM your community’s police use of force policies.
This effort may be blended with the “8 Can’t Wait” program outlined below, and should Council authorize staff to move forward with the steps included in the pledge, staff will develop a work plan, including a budget and schedule.
8 Can’t Wait
In addition to the pledge, which also focuses on use of force policies, staff is also recommending that Council authorize the City Manager, in partnership with the Chief of Police and with policy direction from the City Council, to evaluate the Alameda Police Department’s (APD’s) policies as they relate to the “8 Can’t Wait” initiative. Below is a brief summary of the topic areas and where APD is currently.
1. Ban Chokeholds and Strangleholds
Chokeholds and strangleholds have not been part of APD’s allowed policies for years. The carotid restraint was removed from APD’s policy manual effective June 8, 2020.
2. Require De-Escalation
The term “De-Escalation” is not used in APD’s Use of Force Policy, but that term is included in the department’s “Crisis Intervention Incident” policy section which deals with mental health (Policy 466.6 De-Escalation).
3. Require Verbal Warning Before Shooting
As part of the Department’s use of deadly force policy, “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…” (Policy 300.4(b) Deadly Force Applications).
4. Exhaust All Other Means Before Shooting
As part of the department’s use of deadly force policy, “Officers should evaluate the use of other reasonably available resources and techniques when determining whether to use deadly force. The use of deadly force is only justified in the following circumstances…” (Policy 300.4 Deadly Force Applications).
5. Duty to Intervene and Stop Excessive Use of Force By Other Officers
As part of the department’s use of deadly force policy, “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” (Policy 300.2.1 Duty to Intercede).
6. Ban Shooting At Moving Vehicles
Shooting at moving vehicles is not banned, per Policy 300.4.1 (Shooting At or From Moving Vehicles), which states: “Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants.
“An 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. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.”
Commentary - Why is this policy in place?: A moving vehicle alone does not necessarily constitute a threat that justifies deadly force. Deadly force would be justified if the officer is attempting to stop an imminent vehicle attack on a crowd, e.g. the 2017 domestic terrorist attack on demonstrators in Charlottesville, which killed Heather Heyer. Similar attacks have occurred in the United States recent years, and in other countries around the world. Due to the fact that Alameda hosts the very well attended Annual 4th of July Parade, this policy has been left in place. Final note; it would be extremely rare for an APD officer to fire into a moving vehicle and in fact, APD has not been involved in a shooting at another person or a vehicle since at least 2005.
7. Require Use of Force Continuum
Policy 300 (Use of Force) does not use the word “continuum.” However, the current Policy language in Section 300.3 states, “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.”
8. Require Comprehensive Reporting Each Time An Officer Uses Force or Threatens to Do So
As part of the department’s use of force policy, there are two sections that require Report Use of Force (Section 300.5):
• “Any use of force by a member of this department shall be documented promptly, completely and accurately…”
And Use of Force Analysis (Section 300.9):
• “At least annually, Inspection Services should prepare an analysis report on use of force incidents…”
By way of data, APD has responded to an average 68,445 calls per year in the last 5 years (2015-2019). During that time, the Department averaged 1,825 arrests per year and an average of 27.6 uses of force per year.
As background to efforts over the past years, the Police Department has been working on achieving improvements as outlined in the California Police Score Card.
California Police Score Card
The California Police Score Card <https://policescorecard.org/>) is affiliated with Campaign Zero, an organization that strives for us to, “live in a world where the police don’t kill people by limiting police interventions, improving community interactions, and ensuring accountability.” Based on the latest (2018) ranking, APD is currently ranked 7th highest out of hundreds of police departments in the State of California (<https://policescorecard.org/?city=alameda>). Note that Alameda is joined by only San Mateo, Palo Alto, and Mountain View as Bay Area cities in the top 10 in the State in the latest ranking, and only 30 police departments in the State are ranked with a passing grade in this comprehensive system. For the years 2016 and 2017, APD was ranked 4th highest in the State by this organization.
APD has achieved this ranking in the context of a challenging environment. Mental illness, drug addiction, poverty, and other conditions are mixed with crime on a daily basis. With limited resources in recent years, APD has committed to a community-based approach to policing, including investing in local partnerships with schools, the faith-based community, and neighborhoods.
APD continues to strive for continuous improvement and lead the way in the police profession. The Department routinely updates policies and procedures, and as importantly has been able to achieve much success by screening and hiring smart and dedicated people, while continuing to training them, and providing a positive policing culture. The culture is focused on striving to protect our community while treating everyone with dignity and respect.
Council Policy Direction
As part of this discussion, in a subsequent City Council meeting, and/or after additional public dialogue, staff is seeking the City Council’s policy direction related to the “8 Can’t Wait” list included above. Based on that direction, staff will further evaluate the applicable policies and report back to the City Council.
ALTERNATIVES
Staff recommends that the City Council authorize the Mayor to sign-on to President Obama’s Pledge to introduce common-sense limits on police use of force on behalf of the City Council, and authorize the City Manager, in partnership with the Police Chief, to review and update City policies as they relate to the “8 Can’t Wait” initiative, with policy direction from the City Council.
The City Council may also consider:
1. Not participating in the pledge and/or the “8 Can’t Wait” evaluation;
2. Directing staff to reach out to the Attorney General’s office to conduct a review of the Police Department; and/or
3. Directing staff to approach this topic differently.
FINANCIAL IMPACT
There is no direct financial impact from City Council authorizing the Mayor to sign the pledge regarding use of force policies and/or providing direction to the City Manager to conduct a review of the training program and other polices. As the work plan takes shape, staff will return to the City Council requesting authorization for budget if the funds necessary exceed the City Manager’s signing authority and/or there are insufficient funds available within existing budgets to cover the costs.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Article 7 of the City Charter outlines the City Manager’s authority and responsibility, including oversight of all department heads and implementing the policies set by the City Council.
CLIMATE IMPACTS
No climate impacts are anticipated from this action.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption).
RECOMMENDATION
Staff recommends that the City Council (A) authorize the Mayor to sign Former President Obama’s Pledge to introduce common-sense limits on police use of force, and (B) authorize the City Manager, in partnership with the Police Chief, to evaluate and update the City’s policies in the context of the “8 Can’t Wait” initiative, consistent with policy direction from the City Council.
CITY MANAGER’S RECOMMENDATION
The City Manager supports City Council authorizing the Mayor to sign on to Former President Obama’s Pledge and authorizing working on the strategies to evaluate and implement the “8 Can’t Wait” initiative.
In addition, I want to work with the Department and Police Officers toward collaborating with the community in addressing the concerns and working toward a Department that the community would identify as a model Department nationally.
By: Gerry Beaudin, Assistant City Manager
Reference Links:
1. Link to California Police Score Card Website - <https://policescorecard.org/>
2. Link to Obama’s Mayor’s Pledge Website - <https://www.obama.org/mayor-pledge/>
3. Link to 8 Can’t Wait Website - <https://8cantwait.org/>
cc: Eric Levitt, City Manager