pages: CityCouncil/2022-03-01.pdf, 6
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CityCouncil | 2022-03-01 | 6 | The Police Chief responded in the affirmative; stated the only modification made relates to Policy 300. Councilmember Herrera Spencer inquired whether the changes to the policy have gone through the City Attorney's Office, to which the Police Chief responded in the affirmative. The City Attorney stated staff has reviewed and approved the changes; staff recommended many of the changes presented. Councilmember Knox White stated that he would like to see the proposed changes to Policy 300; he appreciates the changes coming forward; Council directed the changes due to the desire for multiple community eyes being able to catch issues; the Police Chief quickly acknowledges concerns; questioned whether the language about unreasonably impairing an individuals' breathing fits with the Government Code; stated the Government Code does not authorize techniques which involve a significant risk of positional asphyxia; requested clarification on the use of the term unreasonably impair; expressed support for not using the technique if there is any threat of impairing; stated the term "unreasonable" is concerning. Mayor Ezzy Ashcraft concurred with concern about using the term "unreasonably" as a qualifier. The City Attorney stated the term "unreasonable" includes "unlawful;" AB 490 makes clear that a law enforcement agency cannot authorize techniques which involve a substantial risk of positional asphyxia; the term "unreasonable" encompasses AB 490 and goes further by taking the position that any method that has an unreasonable restraint on breathing and respiration is unlawful under the policy; under AB 490, positional asphyxia is specifically called out; the "unreasonable" standard is read as broader and more protective. The Police Chief concurred with the City Attorney; stated the "reasonable" standard is used when assessing force, other than lethal force; inserting the term comports with how Officers make the assessment about what force is reasonable and not. Councilmember Knox White stated changes respond to community feedback, including the subcommittees, wanting to tighten up language; he looks forward to supporting the changes; expressed support for Council adopting Policy 358.3 regarding the minimum criteria for notification of major incidents; stated notifications are not provided for traffic collisions involving vulnerable road users; one of the biggest safety dangers in Alameda is with vulnerable road users; highlighting the collisions would bring the policy into alignment with the current City Manager practice; he is comfortable proceeding with the matter. Mayor Ezzy Ashcraft inquired whether Councilmember Knox White is requesting Council be notified by the City Manager via text message, to which Councilmember Knox White responded Council is already alerted via text. Mayor Ezzy Ashcraft requested clarification on the direction to staff. Councilmember Knox White stated Policy 358.3 sets the minimum criteria for notification of homicides, traffic fatalities, unusual deaths, rapes and armed robberies; he would like to direct staff to add traffic collisions with vulnerable road users. Vice Mayor Vella stated that she appreciates the response to feedback; inquired why the City Regular Meeting Alameda City Council March 1, 2022 4 | CityCouncil/2022-03-01.pdf |