pages: CityCouncil/2022-03-01.pdf, 8
This data as json
body | date | page | text | path |
---|---|---|---|---|
CityCouncil | 2022-03-01 | 8 | Councilmember Knox White stated that he understood the initial recommendation from Vice Mayor Vella to include both options, including a substantial risk of positional asphyxia, which addresses the City Attorney's comments; the term "unreasonable" can be added; Vice Mayor Vella did not narrow the policy, she specially called out the substantial risk of positional asphyxia due to the term being in the statute to provide clarity about the intent. The Police Chief stated the updated language ties to the statute and respects and honors the concerns of the community. The City Attorney stated that he recommends adding: "as defined by Government Code Section 7286.5" after positional asphyxia to make clear that positional asphyxia is a defined term under State law. Councilmember Herrera Spencer inquired whether the language stricken from the originally proposed policy is from the Government Code. In response to Mayor Ezzy Ashcraft's inquiry, Councilmember Herrera Spencer stated that she is not sure why the stricken language was included; she would like to ensure that the language being struck is no longer necessary; questioned whether the language is necessary; expressed concern about changing the Government Code language. The City Attorney stated that he recommended striking the language; the language is not contained in the State law and does not add to the policy; the language is not necessary and removal is recommended. Councilmember Herrera Spencer inquired where the language came from, to which the Police Chief responded the language came from Lexipol. Councilmember Daysog stated that he is satisfied that the new language, which is in the best interest of securing public safety in Alameda; expressed support for the new language; stated that he appreciates both the City Attorney and Police Chief considering the community's concerns; if Council adopts the matter, the action will be another profound reform implemented by the Alameda Police Department (APD). Councilmember Knox White moved approval of the policies as written with the exception of substituting the language proposed by the Police Chief: "Officers are not authorized to use any restraint or transportation method which would create substantial risk of positional asphyxia as defined by Government Code Section 7286.5 and/or unreasonably impair an individual's breathing or respiratory capacity. Once controlled, the individual should be placed into a recovery position (e.g. supine or seated) and monitored for signs of medical distress (Government Code section 7286.5).' and the addition of traffic collisions with vulnerable users into Policy 358.3. Councilmember Herrera Spencer inquired what the additional language means for Policy 358.3. The City Attorney responded that he has no legal concerns about the additional language. The City Manager stated the language is not currently part of the policy; the language would formalize the current practice; alerts would be from APD, rather than the City Manager; he has Regular Meeting Alameda City Council March 1, 2022 6 | CityCouncil/2022-03-01.pdf |