City of Alameda - File #: 2022-1521

• File #: 2022-1521
• Type: Continued Agenda Item
• Body: City Council
• On agenda: 1/4/2022
• Title: Recommendation to Accept an Update and Approve a Work Plan Addressing Efforts to Reimagine Police Services and Racial Equity. (City Manager 10021030/Police Department 10031100) [Continued from December 21, 2021]

Title

Recommendation to Accept an Update and Approve a Work Plan Addressing Efforts to Reimagine Police Services and Racial Equity. (City Manager 10021030/Police Department 10031100) [Continued from December 21, 2021]

Body

To: Honorable Mayor and Members of the City Council

EXECUTIVE SUMMARY

City staff continue to make progress re-imagining policing in Alameda. Many of the items directed by the City Council have been completed since the March and May City Council meetings, including the creation of a new program to respond to calls for service that involve mental/behavioral health matters. Other items have been classified as ongoing or are scheduled to commence in the coming months. While there is still work to be done, staff is taking this opportunity to provide an update and to request the City Council’s endorsement of a work plan for the remaining items.

BACKGROUND

On March 16, 2021, the City Council considered recommendations from the Community-led Steering Committee on Police Reform and Racial Equity. The City Council had a robust discussion and provided direction to the City Manager to follow-up on 22 action items that focus on the Alameda Police Department (PD) and other City of Alameda (City) programs and policies (see Exhibit 1). On May 8, 2021, the City Council convened to consider a referral on related matters, and provided eight additional action items for follow-up. In July the City Council focused their discussion on an alternative (not Police) response to calls for mental health crisis support. The majority of draft work plan topics were not discussed at that time.

Please see Exhibit 2 to review the July Staff Report, which included a draft Work Plan.

DISCUSSION

Staff has been working and progress has been made in the City’s efforts to re-imagine Police services and address racial equity, but there is still work to be done. Table 1: Work Plan, summarizes the topic, status, and includes a brief explanation. Please note, where topics have significant overlap (i.e., Police Oversight Options - near-term and longer-term, and legislative priorities), they have been combined.

Table 1: Work Plan

No.	Topic	Status	Explanation
1	Update PD’s Social Media Policy	Complete	After the March 16, 2021 City Council meeting, staff updated the PD’s Social Media Policy (Policy 391 in the PD Policy Manual) to include a mission statement, additional definitions, and to more specifically define allowed and prohibited content. The revised policy was circulated and approved by the Police Chief and City Manager on April 1, 2021. The Social Media Policy is now more prominently displayed on the City’s sites and on social media accounts.   Questions still arise and we continue to evaluate the Social Media policy.
2	Notify City Leaders Regarding Significant Public Safety Events	On-going	This is occurring through Significant Incident Reports. Additionally, the City Council has requested and receives notifications regarding pedestrian/auto related incidents and other incidents that involve a significant public safety response.
3	Disclose the Pay of Block-by-Block Employees	Complete	Staff provided a written update to the City Council on the pay of Block-by-Block employees on March 18, 2021. Staff will continue to evaluate other Ambassador Program models with services similar to those provided by Block-by-Block.
4	Report on How Many PD Officers Have Been Trained as Part of the District Attorney’s Training on Detentions (can be “off-agenda” report)	Training Efforts On-going	The DA has been contacted about the training but has not been able to be scheduled. PD continues to offer detention training and has expanded training on detentions by contracting with a former Judge. All active duty PD staff maintain all training required of police personnel in California. With the hiring of the new Chief, he is bringing in a great deal of experience in training in these areas and putting forward programs to increase the training of the Officers.
5	Legislative Priorities: Catalytic Converter Theft; AB 1400; and AB 550	Complete	Staff modified the City Council’s 2021/22 legislative agenda to include support for legislation that would restrict catalytic converter sales and is tracking legislation related to AB 1400 (Guaranteed Health Care for All) and AB 550 (Vehicles: Speed Safety System Pilot Program)
6	Initiate a Campaign to Educate the Public on “Who to Call”	Complete	Staff created a list and has posted information on the City’s website. Staff is in beginning stages of initiating a broad outreach campaign to better inform the community about these options. Will continue to expand as further resources occur.
7	Re-affirm the Number of PD Sworn Personnel at 88	Recruitment on-going.	PD leadership and Human Resources (HR) staff continue to work diligently to recruit police officers to the City. These positions are included in the adopted City budget.
8	Complete a Review of Fines and Penalties (including Traffic Related Matters)	Complete, although additional policy direction may be provided in future	As the City Attorney explained at the March 16, 2021 City Council meeting, Council’s authority to change fine/penalty amounts is generally limited to Municipal Code violations and parking violations.  State law otherwise establishes fines/penalties for violations of state law. The City Council could establish administrative (civil) enforcement options for all Municipal Code violations, as it has already done for parking violations. The City Council has two options as it pertains to Municipal Code violations. Council could maintain both criminal and administrative enforcement options, leaving enforcement staff with discretion to utilize either enforcement options.  Alternatively, the Council could eliminate criminal penalties for any or all Municipal Code violations, making administrative enforcement the only option for staff.  The City Council does not have the authority to establish administrative enforcement options for violations of State law, unless State law explicitly provides otherwise (e.g., Vehicle Code parking violations).  Council could not, for example, legislatively remove or reduce criminal penalties mandated by State law.  The City Council could express and establish general enforcement priorities, especially through its budgeting authority (e.g., fund or de-fund a special task force dedicated to addressing particular categories of criminal activity).
9	Propose Funding for Mental Health Programs in 2-year Budget	Complete	About a dozen programs were funded to promote the physical, social, and mental well-being and safety of people experiencing homelessness in Alameda.
10	Hire a Crime Analyst	In progress.	Staff are in the final stages of the hiring process for a crime analyst - person will likely start in December 2021 or January 2022. The position will provide analysis of Alameda’s crime data so that policing in Alameda can be responsive and data-driven.  In addition, it will develop analysis that will benefit the public with improved crime trends as well as analysis of the crimes occurring.
11	Require Regular Mental Health and De-escalation Training for officers in the PD	Complete/On-going	PD’s leadership has incorporated this direction into the training budget and implementation is underway.
12	Identify Traffic Enforcement Policy Focused on Safety-related Citations	Complete	PD leadership have focused enforcement on traffic safety. Further, staff has initiated this discussion, working with the Vision Zero team and others on staff.
13	Present Options for Deterring Catalytic Converter Theft, As Well As Other Crime Prevention Ideas	Complete/ Ongoing	Staff has developed and presented social media content, website content, and other information to address catalytic converter or other crime prevention ideas.
14	Present Pilot Program for Mental Health-Oriented Response	Complete	The City Council authorized the City Manager to move forward with an FD-led Mobile Response Unit, with mental health support from Alameda Family Services. That program has received Alameda County Behavioral Health Department support and is moving towards launch in December.
15	Return to the City Council with a proposed revision to PD use of force policies, and establish protocols for requesting non-police response, backup, and/or interventions	In Progress.	The PD has established policies in place to review use of force incidents. Further refinements to the policies will take staff time and potentially outside consultant support. For context, between 2014 and 2020, PD averaged under 28 use of force situations per year out of an average of 1,793 arrests per year during the same period of time. Each of use of force is reviewed extensively under the existing review procedure.
15	Consider Options in the Near-term to Create Citizen’s Oversight Out of the CMO until a More Formal Citizen’s Oversight Body is Established	In Implementation	The “near-term ‘oversight’” solution identified by staff includes the use of Truleo (please see Attachment 3 - Overview of Truleo) and the regular analysis and reporting of all officer interactions with the public.
16	Training for APD Dispatchers	Complete	Training is required as part of the shift in response to mental health-oriented calls. Staff has adapted protocols to the new approach to mental health calls for service.
16	Implement policies in the next two weeks [from May 8 City Council meeting] to review all use of force and random body camera video in the City Manager’s Office	Complete	This was not reviewed within two weeks of the May discussion on best approach; however, staff has piloted and is now entering into a contract with Truleo to efficiently and effectively review all PD interactions with the public.
17	Compendium of Mental Health Resources, and Protocols for Use	Complete	A robust list of existing mental health resources has been prepared (and additional resources are still being explored to ensure that we develop a comprehensive list). The list is be available to City staff and the community. The protocols for use will be established as part of the alternative mental health/crisis response program; however, the list includes information on the hours, services, and type of response (which may be helpful to the general public regarding the overall usefulness of the program relative to their needs).
18	Include Auditor in the Budget Options	Complete	Staff has included a Public Safety Auditor within the budget.
19	Explore Ways to Support “Know Your Rights Training” in the Community	In progress; staff will promote workshops and trainings as they become available	Staff will consider and create opportunities to promote this program.
20	Evaluate Options to Create a Code of Conduct for Sworn Personnel	In progress; expect implementation by June 2022	The City’s existing personnel rules and regulations provide expectations for sworn personnel. Staff continues to evaluate options to bolster the commitment, i.e., having sworn officers sign acknowledgement form.
21	Request for a Report on Universal Basic Income (UBI)	Staff monitoring State program.	Staff will develop a report on UBI and present the finding to the City Council. Staff is monitoring the State efforts and programs with respect to UBI.
22	Present a Staff Report for City Council to Consider Automatic License Plate Readers (and Speed Cameras)	Report and recommendation has been prepared	Staff report completed with a recommendation to the City Council regarding ALPRs.  Speed cameras are not legal at this time in California, but could be further evaluated if that technology becomes a viable option.
23	Review and Present Options to City Council Re. Options for Citizens’ Oversight of the PD	Analysis to begin in 2022; Options to be presented for Council consideration by July 2022	As part of a separate City Council action, staff will be proposing an interim oversight option for Council’s consideration. This will be the start of an evaluation of oversight options for the PD.  Under the currently City Charter, which assigns to the City Manager administrative management authority over APD, an oversight body would likely be providing recommendations to the City Manager, unless the oversight body’s function is purely audit based. Any reassignment of PD management responsibility will likely require a City of Alameda Charter Amendment, which could be considered by voters in 2022 if placed on ballot.
24	Support the Business Community’s Effort to Address Equity and Race	Recommend start in second half of 2022	The Community-led Steering Committee’s recommendation included a supporting the local business community with equity and inclusion work. The recommendation suggests that the City should convene and provide training for businesses in Alameda. This effort will require experienced facilitators and discussion with the City’s business leaders. The business community may be able to move forward with an effort such as this sooner.

FINANCIAL IMPACT

Accepting the update and approving the re-imagining Police services and racial equity work plan does not commit the City to any specific uses of funds or have direct financial impacts.

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

This action is in conformance with the Alameda Municipal Code and all policy documents.

ENVIRONMENTAL REVIEW

This action is not subject to environmental review as the activity is not a "project" for purposes of the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, in accordance with CEQA guidelines, section 15378(b)(5).

CLIMATE IMPACTS

There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.

RECOMMENDATION

Recommendation to accept an update and approve a work plan addressing efforts to reimagine Police services and racial equity.

ALTERNATIVES

Staff is recommending that the City Council accept the completed items, and approve the work plan (timing) for the remaining items. The City Council may wish to provide different direction.

CITY MANAGER RECOMMENDATION

The City has worked on a variety of these areas.  One of the most significant areas is the alternative response to mental health calls.  We will begin the Alameda CARE Team response in December 2021.

We have completed and began on many of the directed actions, and will continue to work in a variety of areas as we move forward into 2022. 

Respectfully submitted,

Eric Levitt, City Manager

Financial Impact section reviewed,

Annie To, Finance Director

Exhibits:

1.                     3-16-2021 Staff Report - Community-Led Steering Committee Recommendations

2.                     7-20-2021 Staff Report - Work Plan

3.                     Truleo Company Overview