pages: CityCouncil/2022-03-01.pdf, 7
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CityCouncil | 2022-03-01 | 7 | would not include the statutory language in the Use of Force policy and is including "or unreasonable." Mayor Ezzy Ashcraft inquired whether the section relates to Policy 300.3. Vice Mayor Vella responded in the affirmative; inquired whether the statutory language can be placed after: "or unreasonably impair." In response to Mayor Ezzy Ashcraft's inquiry, Vice Mayor Vella stated the language is included in AB 490; the terms "reasonably" and "unreasonably" are used throughout policies based on different legal standards and reasons; questioned whether there is legal reason to object to or use the statutory language. The City Attorney stated that he has no concerns with Vice Mayor Vella's proposed changes; Council may insert the language as proposed. Councilmember Knox White stated Government Code Section 7286.5 contains the desired language. Vice Mayor Vella stated the text would read: "a law enforcement agency shall not authorize techniques or transport methods that involve a substantial risk of positional asphyxiation." Mayor Ezzy Ashcraft inquired whether the policy would read: "Officers are not authorized to use any restraint or transportation method that involve a substantial risk of positional asphyxia or unreasonably impair an individuals' breathing,' to which Vice Mayor Vella responded in the affirmative. The Police Chief stated the positional asphyxia language was removed to address his concerns. Mayor Ezzy Ashcraft requested clarification on concerns related to confusion. The Police Chief stated the direction of the original language was that terms, such as positional asphyxia, restraint asphyxia and excited delirium, all lead to an outcome that is dangerous to the public; regardless of the terms, his direction is that Officers not do anything which puts someone at risk; he does not want Officers to do anything which will restrict breathing; expressed support for adding the Council proposed language to the policy; stated that he originally utilized the term for consistency. Vice Mayor Vella expressed support for including the language of: "substantial risk of, or unreasonable stated that she agrees with the Police Chief swapping out terms relative to breathing. The City Attorney recommended adding definitional language from the statute if the term "positional asphyxia" is taken out; stated the definitional language provides a caveat that if an Officer places someone in a compressed airway situation, the person must be monitored; the added policy language should read: " without reasonable monitoring for signs of loss of oxygen. if the policy copies the statutory text, there is no need for change; however, the definitional language should be included; discussed an Officer effectuating an arrest with actions that create risk; stated the Officer's constant monitoring of the arrestee, comports with Fourth Amendment standards and should go back into the policy. Regular Meeting Alameda City Council March 1, 2022 5 | CityCouncil/2022-03-01.pdf |