HomeMy WebLinkAbout2020-09-01; City Council; ; Review of Carlsbad Police Policies and Processes, Including Use of Force Policy and De-Escalation PolicyCA Review ___AF___
Meeting Date: Sept. 1, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Assistant to the City Manager
Sheila.cobian@carlsbadca.gov or 760-494-2917
Subject: Review of Carlsbad Police Policies and Processes, Including Use of Force
Policy and De-Escalation Policy
Recommended Action
Consider a request from City Council Member Schumacher to review the following:
1.The administrative reorganization that placed the Homeless Response Plan under the
Police Department
2.Carlsbad Municipal Code Section 2.04.060.B and 2.06.090.B, which allow a City Council
member or the mayor to serve, without compensation, as a voluntary police officer
3.City of Carlsbad use of force policy
4.City of Carlsbad de-escalation policy
Executive Summary
On July 9, 2020, Council Member Schumacher submitted the attached email (Exhibit 1) to the
city manager requesting that these topics be placed on a City Council agenda for the council’s
discussion:1
•Administrative reorganization of homeless response plan
•Carlsbad Municipal Code sections that allow council members or the mayor to serve as
voluntary police officers
•City police policy on use of force
•City police policy on de-escalation
1 Carlsbad Municipal Code Section 1.20.060.C states, “The city manager is responsible for scheduling matters for
consideration by the council based on established council priorities, the city’s business and governmental needs,
and requirements of applicable law. Items of business may be placed on the agenda by any member of the council,
the city manager or the city attorney, or by council action. Council-originated items must be submitted to the city
manager not less than seven days before the date of the council meeting at which the member desires the item to
appear on the agenda. Nothing in this section precludes a council member from requesting council action to place
an item on the agenda for a future meeting.”
Sept. 1, 2020 Item #10 Page 1 of 20
Discussion Administrative reorganization of Homeless Response Plan
Carlsbad Municipal Code section 2.12.035 vests in the City Manager the responsibility to
administratively reorganize city offices and functions to achieve efficient, effective and
economical conduct of the city’s business. The City Manager regularly reviews organizational
efficiencies and on occasion will make the decision to shift responsibilities from one
department to another.
The City Council established the Homeless Response Plan on Oct. 24, 2017. The Plan was
originally administered by a cross-departmental team of staff from the Housing &
Neighborhood Services Department and the Carlsbad Police Department with the budget
residing in Housing & Neighborhood Services.
The city uses Interfaith Community Services, Inc. to provide a range of services to the homeless
in the city in partnership with the Police Department’s Homeless Outreach Team. In July 2019,
the administration of the contract with this provider was shifted from Housing & Neighborhood
Services to the Police Department. This transition was the result of a realignment of duties
within Housing & Neighborhood Services and Human Resources. The staff member who was
responsible for the administration of the Interfaith Services contract was reassigned to the
Human Resources department because her primary function was to be the city’s volunteer
coordinator.
In fall 2019, it was determined that the administration of the Homeless Response Plan as well
as the homeless program manager position would be moved to the Police Department.
The administration of the plan was shifted to the Police department to provide for:
• Enhanced communication between the homeless program manager, the Homeless
Outreach Team and social workers
• Enhanced coordination by the homeless program manager regarding community
concerns and the Homeless Outreach Team and social workers in the field
• A better aligned chain of command from the homeless response plan manager, to the
Homeless Outreach Team sergeant to the police lieutenant overseeing the Homeless
Outreach Team
• Less confusion by eliminating the potential for conflicting directions from different
departments for the city staff charged with addressing homelessness issues
• The responsibility to implement the Homeless Response Plan resting with the
department that has the majority of resources to perform the work
• Direct daily contact between the homeless program manager and the officers on the
Homeless Outreach Team
• Better data collection and documentation, which is essential to the success of the
program
The approved budget for administration of the plan and associated staff within Housing &
Neighborhood Services for fiscal year 2019-20 was $631,090, with $521,544 for maintenance
and operations from the Housing Trust Fund Budget and $109,546 for personnel from the
General Fund.
Sept. 1, 2020 Item #10 Page 2 of 20
The homeless program manager position was approved in the fy 2019-20 budget and was hired
on Dec. 9, 2019. The program manager’s salary and benefits were charged to the Housing &
Neighborhood Services budget in the General Fund for the month of December 2019. The
salary and benefits for this position started being charged to the police budget in the General
Fund in January 2020. Although the expenses for the position were charged to the police
budget, the program expenses remained in the Housing Trust Fund. No additional budget was
requested or approved during the fiscal year for this program.
With the adoption of the fy 2020-21 budget, the program expenses that were historically
budgeted in the Housing Trust Fund were budgeted in the General Fund in the Police
budget. The adopted budget for administration of the plan and associated staff under the
Police Department for fiscal year 2020-21 is $680,289, with $546,000 for maintenance and
operations and $134,289 for personnel. Although no additional positions were added as a result
of the transition of the program to the Police Department, the adopted budget reflected the
program manager classification as a senior program manager.
Carlsbad Municipal Code Sections 2.04.060.B and 2.06.090.B
State law addresses the eligibility of a local agency employee of a general law city to serve on
the legislative body of the entity. Generally, Government Code section 53227 prohibits an
employee of a local agency from also serving as a member of the legislative body. However,
Government Code section 53227 (c) makes an exception for a volunteer firefighter. The
subsection is silent as to a volunteer police officer.
In 2009, the Carlsbad City Council exercised its newly adopted charter powers, which allowed
the Council to exercise plenary authority over matters of local concern, to allow a volunteer
police officer eligibility to serve as a member of the legislative body. On. Feb. 17, 2009, the City
Council adopted Ordinance No. CS-023, which added Municipal Code sections 2.04.060.B and
2.06.090.B to allow a City Council member or the mayor to serve, without compensation, as a
voluntary police officer. The sections read as follows:
2.04.060 Eligibility for office.
A. A person is not eligible to hold office as a member of the city council unless that
person is, at the time of assuming such office, an elector of the City of Carlsbad.
B. Notwithstanding Government Code Section 53227 or any successor statute
regulating the eligibility of a local agency employee to serve on the legislative body of
that agency, a city council member may simultaneously serve, without compensation,
as a volunteer police officer subject to all federal and state laws, municipal ordinances
and rules and regulations of the police department. (Ord. CS-023 § 1, 2009)
2.06.090 Eligibility for office.
A. A person is not eligible to hold office as mayor unless that person is, at the time of
assuming such office, an elector of the city.
B. Notwithstanding Government Code Section 53227 or any successor statute
regulating the eligibility of a local agency employee to serve on the legislative body of
that agency, the mayor may simultaneously serve, without compensation, as a
volunteer police officer subject to all federal and state laws, municipal ordinances and
rules and regulations of the police department. (Ord. CS-023 § 2, 2009; Ord. 1258 § 3,
1982)
Sept. 1, 2020 Item #10 Page 3 of 20
City of Carlsbad Use of Force Policy
The Carlsbad Police Department’s Use of Force Policy states,
The use of force by law enforcement personnel is a matter of critical concern, both to
the public and to the law enforcement community. Officers are involved on a daily basis
in numerous and varied interactions and, when warranted, may use reasonable force in
carrying out their duties. Officers must have an understanding of, and true appreciation
for, their authority and limitations. This is especially true with respect to overcoming
resistance while engaged in the performance of law enforcement duties. The
Department recognizes and respects the value of all human life and dignity without
prejudice to anyone. Vesting officers with the authority to use reasonable force and to
protect the public welfare requires monitoring, evaluation and a careful balancing of all
interests.
The policy defines force as, “the application of physical techniques or tactics, chemical agents
or weapons to another person. It is not a use of force when a person allows him/herself to be
searched, escorted, handcuffed or restrained.”
The policy requires officers to intercede if they witness another officer using “force that is
clearly beyond that which is objectively reasonable under the circumstances.” It also lists
the factors used to determine the reasonableness of force, details when the use of deadly force
is justified, prohibits shooting at or from moving vehicles and establishes specific requirements
for reporting and document any use of force by the city’s police officers. The policy was presented to City Council on Aug. 18 and is attached as Exhibit 3.
City of Carlsbad de-escalation policy
The Carlsbad Police Department adopted the policy used by law enforcement agencies in San
Diego County. This policy, Countywide Crisis Management Philosophy; Considerations for De-
escalation, defines de-escalation as, “the use of strategies and/or techniques to gain voluntary
compliance from an individual in order to gain or maintain control of an incident while reducing
the need for physical coercion. These strategies and/or techniques are used to increase time
and distance from the individual while attempting to establish effective communication.”
The policy states,
When law enforcement is called upon to respond to a crisis or criminal acts, they will if
reasonable under the circumstances, use tactics and techniques to persuade the
individual to voluntarily comply or mitigate the need to use increased physical tactics to
resolve the situation safely. Some situations require an immediate response, while other
situations may allow peace officers the opportunity to communicate with the individual,
refine tactical plans, and, if necessary, call for additional resources. When reasonable
opportunity exists, peace officers should consider the concepts of Pre-Engagement, De-
Escalation, and Disengagement, consistent with the definitions provided in this
document.
The policy was presented to City Council on Aug. 18 and is attached as Exhibit 4.
Sept. 1, 2020 Item #10 Page 4 of 20
Additional information
Policy issues related to the Police Department’s use of force were detailed in a June 4, 2020,
memorandum to the City Council. In this memorandum, staff reported that the Police
Department had already put into place the policies recommended by the Campaign Zero – Eight
Can’t Wait Program. The memorandum is attached as Exhibit 5.
Fiscal Analysis
No city funding is being requested.
Next Steps
Should City Council decide to move forward with a review of items within their purview, they
may consider the following mechanisms to facilitate the review:
• Incorporate review into the ad-hoc Carlsbad Municipal Code and City Council Policy
Update Subcommittee work. The Subcommittee is currently comprised of City Council
Members Blackburn and Schumacher with staff assistance from the City Attorney’s
office and City Clerk’s office.
• Form a new ad-hoc subcommittee comprised of two members of the City Council.
• Full City Council review – staff would bring forward recommendations for full City
Council consideration based on City Council direction.
Depending on the option selected by Council, staff will return with recommendations for a
process that incorporates all stakeholders identified by Council.
Environmental Evaluation (CEQA)
This action does not constitute a “project within the meaning of the California Environmental
Quality Act under Public Resources Code Section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for viewing at least 72 hours prior to the scheduled meeting date.
Exhibits
1. July 9, 2020 – Request from Council Member Schumacher to place an item on a City Council
Agenda (Email correspondence)
2. Carlsbad Municipal Code Sections 2.04.060 and 2.06.090
3. Carlsbad Use of Force Policy 300 – Use of Force
4. Carlsbad Special Order 2020-04 – Consideration for De-Escalation
5. June 4, 2020, Council Memorandum – Campaign Zero-Eight Can’t Wait Program
Sept. 1, 2020 Item #10 Page 5 of 20
1
Sheila Cobian
Subject:FW: Request for Agenda Item
From: Scott Chadwick
Sent: Tuesday, August 11, 2020 12:14 PM
To: Sheila Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: FW: Request for Agenda Item
From: Cori Schumacher <Cori.Schumacher@carlsbadca.gov>
Sent: Thursday, July 9, 2020 12:47 PM
To: Scott Chadwick <scott.chadwick@carlsbadca.gov>
Cc: Geoff Patnoe <Geoff.Patnoe@carlsbadca.gov>; Jason Haber <Jason.Haber@carlsbadca.gov>
Subject: Request for Agenda Item
Dear Scott,
Pursuant to CMC § 1.20.060: "Items of business may be placed on the agenda by any member of the council..."
I would like to request that an agenda item be added to a non-workshop meeting of the Carlsbad City Council,
after we return from summer recess (end of August or the beginning of September), to discuss and take action
as appropriate on the following:
A request to the Carlsbad Council to initiate a review of select Carlsbad Police policies and processes, including use-of-force policies and de-escalation policies (e.g. the Eight Can't Wait policies).
Council should begin the review with the following:
1.A recent administrative reorganization that placed the Homeless Response Plan under the Police Department. It had previously
been located within the Housing Department.
2.Carlsbad Municipal Code sections that allow a Council Member and the Mayor to simultaneously serve as a reserve police officers inthe Carlsbad Police Department.
3.Carlsbad's Use-of-Force Policies
4.Carlsbad's De-escalation Policies
Please let me know if you would like me to provide any further details.
Sincerely,
Cori Schumacher
Councilmember, District 1
City of Carlsbad
Exhibit 1
Sept. 1, 2020 Item #10 Page 6 of 20
Carlsbad Municipal Code
Up Previous Next Main Search Print No Frames
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.04 CITY COUNCIL
2.04.060 Eligibility for office.
A. A person is not eligible to hold office as a member of the city council unless that person is, at the
time of assuming such office, an elector of the City of Carlsbad.
B. Notwithstanding Government Code Section 53227 or any successor statute regulating the eligibility
of a local agency employee to serve on the legislative body of that agency, a city council member may
simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state
laws, municipal ordinances and rules and regulations of the police department. (Ord. CS-023 § 1, 2009)
View the mobile version.
Exhibit 2
Sept. 1, 2020 Item #10 Page 7 of 20
Carlsbad Municipal Code
Up Previous Next Main Search Print No Frames
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.06 MAYOR
2.06.090 Eligibility for office.
A. A person is not eligible to hold office as mayor unless that person is, at the time of assuming such
office, an elector of the city.
B. Notwithstanding Government Code Section 53227 or any successor statute regulating the eligibility
of a local agency employee to serve on the legislative body of that agency, the mayor may
simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state
laws, municipal ordinances and rules and regulations of the police department. (Ord. CS-023 § 2, 2009;
Ord. 1258 § 3, 1982)
View the mobile version.
Sept. 1, 2020 Item #10 Page 8 of 20
Exhibit 3
Sept. 1, 2020 Item #10 Page 9 of 20
Sept. 1, 2020 Item #10 Page 10 of 20
Sept. 1, 2020 Item #10 Page 11 of 20
Sept. 1, 2020 Item #10 Page 12 of 20
Sept. 1, 2020 Item #10 Page 13 of 20
Sept. 1, 2020 Item #10 Page 14 of 20
Exhibit 4
Sept. 1, 2020 Item #10 Page 15 of 20
Sept. 1, 2020 Item #10 Page 16 of 20
Eight Can't Wait Program
June 4, 2020
Page 2
4. Exhaust all other means before shooting.
Carlsbad PD policy only permits the use of any deadly force when 1) an officer reasonably
believes that the use of deadly force is necessary to protect the officer or another from a threat
of imminent death or serious bodily injury, or 2) to stop a fleeing subject when the officer has
probable cause to believe that the person has committed, or intends to commit, a felony
involving the infliction or threatened infliction of serious bodily injury or death, and
the officer reasonably believes that there is an imminent risk of serious bodily injury
or death to any other person if the subject is not immediately apprehended. Under
such circumstances, a verbal warning should precede the use of deadly force, where
feasible.
5. Department shall require officers to intervene in the event of excessive force.
Carlsbad PD policy expressly requires officers to intervene and stop excessive force if they
observe it occurring. Policy also requires every officer to report any ex,cessive force to a
supervisor.
6. Ban shooting at vehicles.
Carlsbad PD policy expressly prohibits shooting at vehicles except in extreme circumstances.
PD policy acknowledges that shooting at or from a moving vehicle is rarely effective. Officers
. are required to move out of the path of an approaching vehicle instead of discharging their
firearm at the vehicle or any of its occupants. Officers may 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, such as if the occupants of the vehicle were shooting at the
officer or another person. Officers are expressly prohibited from shooting at any part of a
vehicle in an attempt to disable the vehicle.
7. Require use of force continuum.
Carlsbad PD policy expressly provides that officers shall use, only that amount of force that
reasonably appears necessary given the facts and circumstances perceived by the officer at the
time of the event, and only to accomplish a legitimate law enforcement purpose. This policy
provides that officers may only escalate the use of force if that escalation is reasonable in light
of the officers' perceptions of the continuum of risk presented to an officer or someone the
officer is protecting.
8. Require comprehensive reporting of use of force incidents.
Carlsbad PD policy requires that all uses of force be reported promptly, accurately, and
completely. Nearly all incidents of use of force require that the officer immediately notify a
Sept. 1, 2020 Item #10 Page 18 of 20
Eight Can't Wait Program
June 4, 2020
Page 3
supervisor of the use of force (with the exception of an incident without injury or without the
use of any weapon). The supervisor is required to respond to the incident and conduct an
investigation to include capturing evidence, interviewing witnesses, interviewing the subject
who the force was used upon, reviewing body worn camera if appropriate, and the supervisor
must prepare a report detailing their investigation. Both the officer and supervisors' reports
and investigations are then reviewed by the respective lieutenant and captain to ensure
compliance with department policy, applicable law, to identify training issues or opportunities,
and to identify any trends involving the use of force.
Carlsbad PD is a leader in the county and state with respect to de-escalation and crisis
management.
In addition to the de-escalation training that was discussed earlier, Carlsbad PD also has 13
officers that have been specially trained as Crisis/Hostage Negotiators who may be deployed as
needed to resolve incidents peacefully. The PD also has a cadre of seven specially trained
Tactical Communications Instructors who provide POST required tactical communications
training to all officers.
· In 2019, Carlsbad PD lead a countywide initiative to develop best practices for crisis
management with the intent to reduce the use of force, specifically officer involved shootings.
The PD brought together experts from all departments in the county, including the District
Attorney's Office, and the Carlsbad City Attorney's Office. Carlsbad PD representatives served
as chairpersons for the three sub-committees focused on pre-engagement decision making, de-
escalation methods and decision making, and dis-engagement or factors where police 'walking
away' serves the public's best interest. The chairpersons from Carlsbad PD represented our
department firearms training division, defensive tactics training division, and our field training
division.
This committee prepared a tri-fold resource for all police officers to be used by officers when
handling crisis events, which remind officers of the best-practices in preventing use of force and
· officer involved shootings. The committee also proposed a countywide crisis management
philosophy that focuses on de-escalation and peaceful resolutions to incidents.
As a result, in April, a Carlsbad PD representative was invited to lead a discussion with the SD
County Police Chiefs and Sheriff regarding the adoption countywide of these documents at the
annual conference. Unfortunately, this conference was cancelled due to COVID19.
Additionally, as evidence of the proactive work in this area by the Carlsbad PD, a PD
representative was invited to present at the California Crisis Intervention Training Conference,
which was also cancelled due to COVID19.
Notwithstanding the delay in countywide adoption of the crisis management best practices,
Carlsbad PD already has implemented the best practices into department training, field training
of new officers, and supervisor expectations regarding supervising crisis incidents.
Sept. 1, 2020 Item #10 Page 19 of 20
Eight Can't Wait Program
June 4, 2020
Page 4
Cc: Celia Brewer, City Attorney
. Geoff Patnoe, Assistant City Manager
Kristina Ray, Communication & Engagement Director
Sept. 1, 2020 Item #10 Page 20 of 20
Mia De Marzo
From: Clara Marsden <fortheinnage@hotrnail.com.
Sent: Tuesday, September 1, 2020 7:16 AM
To: City Clerk
Subject: Police accountability
To whom it may concern:
I support a review of Carlsbad Police Use of Force and De-Escalation Policies because the city's stateme
not truthfully align with 8cantwait's data-driven standards.
Sincerely,
Clara Marsden
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
Mia De Marzo
From: Jourdan James <jourdanejames@yahoo.com>
,nt: Monday, August 31, 2020 5:38 PM
io: City Clerk
Subject: Review of Carlsbad Police Use of Force
Hello,
I support a review of Carlsbad Police Use of Force and De-Escalation Policies because the city's statement and ongoing claims
do not truthfully align with 8cantwait's data-driven standards.
Thank you,
Jourdan James
Carlsbad Resident
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1
From:
Sent:
To:
Subject:
Attachments:
Nicholas Marsden <nickmarsden@sbcglobal.net>
Tuesday, September 1, 2020 1:50 PM
City Clerk
Item 10 - Review Carlsbad Police Use of Force / De-escalation
Carlsbad Use of Force Policy Gap Analysis.pdf
Mia De Marzo
All Receive - Agenda Item # to
For the Information of the:
CITY COUNCIL
Date "`67 CA \PCC NI°
pmicAAcm DCM (3) ).0
I support a review of Carlsbad Police Use of Force & De-escalation policies, as well as forming an ad hoc committee to work on
the 4 items outlined in item 10 of today's agenda, because the city's statement and ongoing claims do not truthfully align with
8cantwait's data-driven standards of de-escalation and use of force.
If possible, I'd like to officially submit the attached PDF as its own standalone document to provide City Council and include with
the meeting record.
In case that's not possible I've copied that info here—
Carlsbad Police Use of Force Policy Gap Analysis
On 6/4/20, Carlsbad released a statement' claiming to meet all 8 standards set out by 8cantwait.org based on research
shown to reduce police violence. Some city and police officials have repeated those claims multiple times since the
announcement. The following outlines the significant differences between Carlsbad's Use of Force policy and
8cantwait's *data driven* standards.
The black text is what's clearly and publicly available at 8cantwait.org. The red text outlines additional insight obtained
from an official 8cantwait representative of how their Use of Force standards are established.
Five policies very clearly fall short and do not meet the actual standard backed by data.
These first two are literally NOT part of the manual.
1) Requires exhaust all alternatives before shooting.
Carlsbad Policy: "USE OF FORCE: officers shall use only that amount of force that reasonably appears necessary given
the facts and circumstances perceived by the officer at the time of the event to accomplish legit LE purpose."
*Gap: This gives officers legal standing to use whatever force they "perceive" necessary. They're not explicitly required to
exhaust all other means before shooting. There should be a specific clause requiring officers to exhaust alternatives
before resorting to force, when feasible, including de-escalation techniques.
2) Has Use of Force continuum.
Carlsbad policy's "DEADLY FORCE APPLICATIONS", but those are simply the options not actually a "continuum".
*Gap: A continuum is defined as a 'range, series, or spectrum that gradually changes'; OR, a coherent whole
characterized as a collection, sequence, or progression of values or elements varying by minute degrees.
That definition aligns with the application in another CampaignZero project - Per UseOfForceProject.orp2 a continuum
limits the types of force and/or weapons that can be used to respond to specific types of resistance. The continuum, or
matrix, should include appropriate and proportional responses to various types of resistance, and include restrictions and
guidelines on use of authorized weapons.
These three are merely superficial and half-hearted at best.
3) Requires De-escalation.
1
*Gap: Does not require officers to use de-escalation whenever possible. Instead, de-escalation is only required in limited
circumstances involving civil disputes or where officers believe the person to be having a mental health crisis.
4) Requires comprehensive reporting.
*Gap: Does not require officers to report when they point a firearm at a civilian. Only required to report physical use of
force, but not the threat of lethal force.
And as a real example of why this exact language matters, a Washington Post study3 showed a very strong correlation
between that gap in D above and police violence. Although it's not causation, the strong correlation still shows that minor
omissions or exceptions can yield major changes in a policy's effects.
5) Bans Chokeholds and Strangleholds
*Gap: Does not ban all other neck restraints, but only the carotid hold. The policy should explicitly ban neck restraints
that restrict airway AND blood flow. If passed, California bill AB1196 will ban all neck restraints statewide.
1. https://www.carlsbadca.gov/news/displaynews.asp?NewsID=2156&TargetID=7
2. http://useofforce_project.org4project
3. https://www.washingtonpost.com/news/monkey-cage/wp/2017/03/14/want-to-reduce-fatal-police-shootings-this-
policy-makes-a-big-difference/
Nicholas Marsden
Carlsbad resident, CHS graduate
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
2
as of 8/31/20
Carlsbad Police Use of Force Policy Gap Analysis
On 6/4/20, Carlsbad released a statement' claiming to meet all 8 standards set out by
8cantwait.org based on research shown to reduce police violence. Some city and police officials
have repeated those claims multiple times since the announcement. The following outlines
the significant differences between Carlsbad's Use of Force policy and 8cantwait's
*data-driven* standards.
The black text is what's clearly and publicly available at 8cantwait.org. The red text outlines
additional insight obtained from an official 8cantwait representative of how their Use of Force
standards are established.
Five policies very clearly fall short and do not meet the actual standard backed by data.
These first two are literally NOT part of the manual.
1. requires exhaust all alternatives before shooting.
Carlsbad Policy: "USE OF FORCE: officers shall use only that amount of force that reasonably
appears necessary given the facts and circumstances perceived by the officer at the time of the
event to accomplish legit LE purpose."
*Gap: This gives officers legal standing to use whatever force they "perceive" necessary.
They're not explicitly required to exhaust all other means before shooting. There should be a
specific clause requiring officers to exhaust alternatives before resorting to force, when feasible,
including de-escalation techniques.
2. Has Use of Force continuum.
Carlsbad policy's "DEADLY FORCE APPLICATIONS", but those are simply the options not
actually a "continuum".
*Gap: A continuum is defined as a 'range, series, or spectrum that gradually changes'; OR, a
coherent whole characterized as a collection, sequence, or progression of values or elements
varying by minute degrees.
That definition aligns with the application in another CampaignZero project - Per
UseOfForceProject.orga a continuum limits the types of force and/or weapons that can be used
to respond to specific types of resistance. The continuum, or matrix, should include appropriate
and proportional responses to various types of resistance, and include restrictions and
guidelines on use of authorized weapons.
These three are merely superficial and half-hearted at best.
Nicholas Marsden 1 Carlsbad resident, CHS graduate 1760-419-4511
as of 8/31/20
3. Requires De-escalation.
*Gap: Does not require officers to use de-escalation whenever possible. Instead, de-escalation
is only required in limited circumstances involving civil disputes or where officers believe the
person to be having a mental health crisis.
4. Requires comprehensive reporting.
*Gap: Does not require officers to report when they point a firearm at a civilian. Only required to
report physical use of force, but not the threat of lethal force.
And as a real example of why this exact language matters, a Washington Post study3 showed a
very strong correlation between that gap in D above and police violence. Although it's not
causation, the strong correlation still shows that minor omissions or exceptions can yield major
changes in a policy's effects.
5. Bans Chokeholds and Strangleholds
*Gap: Does not ban all other neck restraints, but only the carotid hold. The policy should
explicitly ban neck restraints that restrict airway AND blood flow. If passed, California bill
AB1196 will ban all neck restraints statewide.
1. httns://www.carlsbadca.gov/news/displaynews.asp?NewsID=2156&Target1D=7
2. httq://useofforceproject.org/#project
3. httns://www.washingtonpost.com/news/monkey-cage/wp/2017/03/14/want-to-reduce-fata
1-police-shootings-this-nolicy-makes-a-big-difference/
Nicholas Marsden 1 Carlsbad resident, CHS graduate 1760-419-4511
Mia De Marzo
From: D RA <dra805@gmail.com>
Sent: Monday, August 31, 2020 9:38 PM
To: Priya Bhat-Patel; Cori Schumacher; City Clerk; Keith Blackburn
Subject: comment: Agenda item #10: DISCUSSION TO INITIATE REVIEW OF CARLSBAD POLICE POLICIES
& PROCESSES, INCLUDING USE OF FORCE AND DE-ESCALATION POLICIES
Dear Council Members,
I support a review of Carlsbad Police use of force and de-escalation policies because the city's falters to align with the
8 can't wait's data driven standards.
In addition, Carlsbad Police should also go one step further and adopt
the Police Accountability Now package, a collection of policies to address biased policing. We must: - Pass PrOTECT, a
policy that seeks to limit the use of discretionary stops and searches by police; - End the enforcement of low-level
offenses and invest in non-law enforcement alternatives to respond to crises by divesting money from police budgets;
- Establish an independent community oversight board with investigatory and subpoena powers; and - Adopt a robust
de-escalation policy and strong use of force policies to fully implement the vision of AB 392 — the CA Act to Save Lives
— and other best practices. This moment calls for more than thoughts and prayers, or just a piecemeal policy
approach. The loss of Black lives due to police violence and the daily harms of biased policing merit a meaningful and
multi-faceted response, including a comprehensive policy solution that truly advances justice and accountability. I
hope we can count on your support for all aspects of the Police Accountability Now policy package.
The Police Accountability Now policy package has been developed by the Coalition for Police Accountability 8t
Transparency (CPAT). CPAT is a group of diverse community, faith and labor stakeholders who are committed to
working for justice, accountability, divestment from policing, and investment in non-police alternatives.
Agenda item #10:
DISCUSSION TO INITIATE REVIEW OF CARLSBAD POLICE POLICIES & PROCESSES, INCLUDING USE OF
FORCE AND DE-ESCALATION POLICIES — Consider a request from City Council Member Schumacher to
review the following: 1) The administrative reorganization that placed the Homeless Response Plan under
the Police Department;[sip]2) Carlsbad Municipal Code Section 2.04.0603 and 2.06.090.B, which allow a City
Council Member or the Mayor to serve, without compensation, as a voluntary police officeu:sip]3) City of
Carlsbad use of force policy; and[sip]4) City of Carlsbad de-escalation policy. (Staff contact: Sheila Cobian,
City Manager's Department)
Thank you,
Diana Aguirre
Carlsbad Resident
Diana Aguirre, PMP®, LSSBB
she/her/hers
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1
Mia De Marzo
Subject: FW: Council Agenda item 10- Police use of force
From: Patricia Amador [nnailto:amadorap@gmail.conn]
Sent: Tuesday, September 01, 2020 5:07 PM
To: Sheila Cobian <Sheila.Cobian@carlsbadca.gov>; mayor@carlsbadca.gov; Attorney <attorney@CarlsbadCA.gov>
Cc: Council Internet Email <CityCouncil@carlsbadca.gov>; Neil Gallucci <Neil.Gallucci@carlsbadca.gov>
Subject: Council Agenda item 10- Police use of force
With regard to discussion for adoption of regulations regarding descalation and use of force by Carlsbad Police Force:
From a citizens viewpoint of a video of the recent situation involving CPD, a document forwarded to me for comment and action
by a Carlsbad citizen on behalf of a Carlsbad council member, I do not agree with the proposed guidelines as written by
councilmember Schumacher.
I've queried members of our Community who volunteer and or work in our minority communities or political clubs, and they
were not aware of the original situation involving the Carlsbad police nor do they have any opinion regarding any changes in the
Carlsbad police operations.
I live in the beach side of D1 and support the activities of the Homeless Task Force. We have many situations involving homeless
in our residential area and we have found the HTF to be kind and supportive in dealing with our homeless population.
Thank you for your consideration of my comments.
Patricia Amador
92008
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1