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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