[CALL TO ORDER]
[00:00:07]
UM, AND I WILL GO AHEAD AND GET STARTED.
AND ANY COMMISSIONERS NOT CURRENTLY PRESENT, WE'LL GO AHEAD AND JOIN US.
UM, SO IT IS SIX OH TWO, AND I'M WANTING TO SEE THE CHAIR OF THE COMMUNITY POLICE REVIEW COMMISSION.
AND I'M GOING TO CALL THIS MEETING TO ORDER.
I WILL NOW, UM, HAVE ALL THE COMMISSIONERS ANNOUNCE THEIR PRESENCE FOR THE RECORD.
SO WHEN I CALL YOUR NAME, FIELD, JUST STATE HERE AT PRESENT, UH, AND WE'LL MOVE FORWARD.
SO COMMISSIONER BROKER, THANK YOU.
COMMISSIONER CUSTOMER DATA, PRESENT, UH, COMMISSIONER CONNOLLY.
HE IS NOT PRESENT AT THIS MOMENT.
COMMISSIONER ROSEMONT PRESENCE.
COMMISSIONER FLORES, COMMISSIONER SEGOVIA.
COMMISSIONER CARLINO, PRESENT COMMISSIONER TURNER.
AND COMMISSIONER MCMANN PRESENT.
[1a. Updates on current projects]
HAS HAPPENED, UM, SINCE OUR LAST MONTHLY MEETING, UH, WE HAVE HAD A WHOLESALE STORM AND, UM, THAT HAS DELAYED SOME OF OUR WORK AS A COMMISSION AND WHAT WE'RE KIND OF RESEARCHING AS COMMITTEES, BUT WE ARE RESTARTING THAT WORK.UM, AND A LOT OF OUR POLICY CHANGES AND RECOMMENDATIONS AND, UH, WHAT WE'RE LOOKING INTO.
SO COMMISSIONER CARLINO AND HIS TEAM ARE FOCUSED ON REALLY RACIAL EQUITY AS IT RELATES TO OUTCOMES WITHIN APD, BUT ALSO INTERNAL CULTURE AND REALLY EXAMINING WHAT STRATEGIES CAN WE RECOMMEND AS A COMMISSION, UM, THAT CAN IMPROVE THE AREA HERE IN AUSTIN AND CAN IMPROVE THAT EXPERIENCE, UM, FOR BOTH RESIDENTS AND FOR, UM, OFFICERS IN APD COMMISSIONER GRAYSON, UM, AND HIS TEAM ARE REALLY RESEARCHING POLICY RECOMMENDATIONS RELATED TO THE CASE THAT WAS ON OUR AGENDA IN JANUARY.
UM, SO WHAT THEY'RE DOING IS A DEEP DIVE INTO WHAT FURTHER RECOMMENDATIONS CAN WE MAKE, UM, AROUND THAT CASE.
AND THAT CASE NUMBER IS 2019 DASH ZERO TWO ZERO SIX, AND THEN COMMISSIONER ERICA AND HER SUBCOMMITTEE ARE REALLY FOCUSING ON CADET TRAINING, UM, BUT ALSO PREVIOUS RECOMMENDATIONS FROM THE CRP.
AND HOW CAN WE REALLY LEVERAGE SOME OF THE WORK, UM, THAT HAS BEEN DONE IN PREVIOUS ITERATIONS OF OUR COMMISSION TO MAKE SURE THAT WE'RE BEING THE MOST EFFECTIVE WITH THE TIME THAT WE HAVE AND THE RESOURCES WE HAVE AS A COMMISSION.
SO THAT IS A BRIEF UPDATE ON WHAT WE ARE KIND OF WORKING ON, UM, IN THE GREATER CONTEXT OF AUSTIN, YOU KNOW, IN ADDITION TO OUR SNOW STORM, WE ALSO HAD, UM, AUSTIN POLICE, CHIEF MANLEY PUBLICLY ANNOUNCED HIS RETIREMENT.
UM, AND SO BECAUSE WE ARE SO CLOSELY INTERTWINED WITH APD, AS IT RELATES TO RECOMMENDING POLICY AND RELIG TRYING TO BE AND PROMOTE THE COMMUNITY'S VOICE AND POLICING, UH, PUBLIC SAFETY AS A COMMISSION, WE CRAFTED A LETTER THAT WE SENT TO CITY COUNCIL, AS WELL AS OTHER CITY LEADERS, JUST REALLY ADVOCATING FOR THE VALUES THAT WE BELIEVE ARE IMPORTANT AS A COMMISSION AND SHOULD BE EXEMPLIFIED BY THE INTERIM CHIEF, AS WELL AS THE FUTURE PERMANENT CHIEF.
UM, AND ALSO JUST ADVOCATING THAT WE BE A PART OF THAT PROCESS.
SO I WILL JUST READ A FEW OF THE VALUES THAT WE STATED IN THAT LETTER.
AND, UM, ONCE WE HAVE A RESPONSE, THAT'S SOMETHING THAT WE WILL BE SHARING OUT, UM, FOR ALL OF OUR COMMUNITY MEMBERS TO, TO SEE.
UM, SO THE FIRST ONE WAS JUST CREATING MORE EFFECTIVE STAFFING MODELS TO REDUCE THE SCOPE OF POLICING WORLD TURNITIN OF STAFF OR SERVICES MAY BETTER ADDRESS THE NEEDS OF THE COMMUNITY.
THE SECOND VALUE IS PUBLICLY ACKNOWLEDGING THAT POLICING, UM, WAS A SYSTEM INTENTIONALLY CREATED TO PERPETRATE HARM AND OPPRESSION OF BLACK PEOPLE FOR THE BENEFIT AND CAPITAL OF OTHERS.
THE NEXT ONE WAS A SKILL REALLY IN LEADING AND IMPLEMENTING CHANGE INITIATIVES WITHIN THE DEPARTMENT RELATED TO POLICY AND PRACTICE, AND REALLY WITH A FOCUS ON ENSURING EQUITY.
AND THEN THE LAST ONE WAS TO TACKLE SYSTEMIC ISSUES AROUND RACISM, CLASSISM, SEXISM, AND RACISM WITHIN THE DEPARTMENT.
SO THAT IS JUST A BRIEF SNAPSHOT REALLY OF THAT LETTER.
WE SENT OUT ADVOCATING WHAT WE THINK IS SUPER IMPORTANT, BUT ALSO SUPPORTING OTHER AUSTIN ORGANIZATIONS THAT HAVE ALSO ADVOCATED FOR VALUES, UM, THAT REALLY CENTER AROUND EQUITY WITHIN OUR COMMUNITY.
UM, ARE THERE ANY COMMISSIONERS THAT HAVE COMMENTS OR ADDITIONS TO THE WORK THAT YOU ALL ARE DOING? UM, AND JUST SOME OF THE THINGS THAT HAVE HAPPENED IN OUR CITY,
[00:05:05]
IF NOT, THAT'S OKAY.[1b. Austin Police Department (APD) Presentation on General Orders related to Resolution 95]
WILL MOVE TO THE NEXT ITEM ON OUR AGENDA, WHICH IS ONE B.AND WE HAVE A PRESENTATION FROM THE AUSTIN POLICE DEPARTMENT ON THEIR GENERAL ORDERS RELATING TO RESOLUTION 95.
SO THIS HAS KIND OF BEEN AN ONGOING DISCUSSION.
WE HAD, WE SENT A LETTER CITY COUNCIL ASKING TO BE A PART OF THIS REVIEW.
AND SO NOW WE'RE HAVING BOTH APD AND THE OFFICE OF POLICE OVERSIGHT, PRESENT, UM, THEIR RECOMMENDATIONS.
AND SO WE'RE GONNA GO AHEAD AND LISTEN TO THAT.
SO IT LOOKS LIKE THEY'RE PULLING THE PRESENTATION UP HERE.
WELL, GOOD EVENING COMMISSIONERS, APPRECIATE.
Y'ALL GIVING US A OPPORTUNITY TO GIVE YOU AN UPDATE ON WHERE WE'RE AT WITH SOME OF THESE POLICIES.
AND I DON'T KNOW WHO'S DRIVING THIS SLIDESHOW, BUT, UM, IN A MOMENT, IF I'LL GET YOU TO ADVANCE YOUR SLIDES, WHAT WE'RE GOING TO DO IS GO OVER SIX SPECIFIC POLICIES THAT, UH, THE CITY COUNCIL ADDRESSED IN A PREVIOUS RESOLUTION AND HOW WE ARE ADDRESSING THOSE WITH OUR PROPOSED POLICY CHANGES.
AND, UH, THIS WILL BE YOUR OPPORTUNITY OBVIOUSLY TO PROVIDE US WITH FEEDBACK, MY UNDERSTANDING, AND I BELIEVE THE OPO CAN, UH, CAN SPEAK TO THIS AS WELL AND MAYBE CLARIFY SOME OF IT.
BUT THE PURPOSE OF THIS PRESENTATION IS FOR YOU TO UNDERSTAND HOW WE'RE LOOKING TO MOVE FORWARD WITH POLICY CHANGES.
UH, I BELIEVE THE OPO IS GOING TO GIVE YOU THEIR RECOMMENDATION ON WHAT THOSE POLICY CHANGES SHOULD LOOK LIKE.
AND THEN OBVIOUSLY THE EXPECTATION WOULD BE FOR YOU TO PROVIDE WHATEVER FEEDBACK YOU MAY HAVE, UH, REGARDING THESE, THESE POLICIES.
SO IF I CAN ASK THAT WE MOVE TO THE FIRST SLIDE AND WHAT YOU'LL SEE HERE IS THE FIRST POLICY I DON'T INTEND TO READ TO Y'ALL TONIGHT, BUT I'LL, I'LL KIND OF SUMMARIZE THIS AND GIVE YOU ALL A MOMENT TO READ THE RESPONSES.
BUT THE FIRST ONE IS, IS THE POLICY ABOUT PROHIBITING CHOKE HOLDS.
AND THIS IS FOUND IN APD GENERAL ORDER 200.3.
AND WHAT YOU WILL SEE IS THAT OUR POLICY WOULD, AND DOES ACTUALLY, UH, PROHIBIT THE, THE NECK RESTRAINTS.
WE HAVE NOT ACTUALLY TRAINED ON NECK RESTRAINTS SINCE, SINCE WE'VE BEEN IN THE DEPARTMENT.
AND AS YOU ARE WELL AWARE, THAT'S, YOU KNOW, 30, 30 YEARS.
UM, AND SO OUR POLICY, AS YOU CAN SEE HERE WOULD PROHIBIT THOSE UNLESS IT WAS A DEADLY FORCE SITUATION.
AND IN DEADLY FORCE SITUATIONS, OFFICERS ARE NOT PROHIBITED FROM USING ANYTHING AND EVERYTHING AT THEIR DISPOSAL, UM, GIVEN WHAT THEY MAY BE FACING AT THAT MOMENT.
SO AGAIN, THIS TALKS ABOUT THE CHOKEHOLD BEING PREVENTED, TALKS ABOUT DIRECT AND INDIRECT PRESSURE BY ANY MEANS, UH, PROTECTING THE THROAT, THE WINDPIPE, THE AIRWAY, AND, UH, AGAIN, UH, WITH THE INTENT TO PREVENT, REDUCE, OR HINDER BLOOD FLOW.
SO THIS IS HOW WE WILL ADDRESS THIS IN POLICY.
AND I WOULD JUST REINFORCE THAT THIS IS SOMETHING THAT AS A DEPARTMENT WE HAVE HAD IN PLACE, AS FAR AS THIS WAS NOT AN APPROVED TECHNIQUE, UM, FOR, FOR DECADES, UH, I KNOW IT'S, UH, SOME DEPARTMENTS ARE ADDRESSING THIS FOR THE FIRST TIME FOR US.
WE WILL JUST BE MORE FORMALLY ADDRESSING SOME OF THIS AS A POLICY ISSUE.
THE SECOND POLICY THAT CAME UP WAS REGARDING, UM, IT WAS SPECIFICALLY ADDRESSING MILITARY EQUIPMENT, AS YOU CAN SEE ON THE LEFT-HAND SIDE IN THAT FIRST COLUMN, UH, WHAT COUNCIL WAS ADDRESSING WAS THE USE STOCKPILE AND PURCHASE OF MILITARY EQUIPMENT SHALL BE REDUCED TO THE GREATEST EXTENT POSSIBLE.
UH, AND WE SHALL NOT PURCHASE OR ACCEPT MILITARY EQUIPMENT WITHOUT CITY APPROVAL.
AND THEN IT TALKS ABOUT THE INVENTORY.
AND, UM, AND, AND, UH, FOR THOSE OF YOU THAT MAY NOT BE FAMILIAR, THAT WHAT YOU SEE THERE, THE 10 33 PROGRAM, THE LEAST PROGRAM LAW ENFORCEMENT AGENCIES, THE ABILITY TO OBTAIN MILITARY SURPLUS THROUGH THE LISO PROGRAM.
SO YOU HAVE TO APPLY AND BE APPROVED TO BE A MEMBER OF THAT PROGRAM.
AND THEN WE HAVE THE ABILITY TO MAKE REQUESTS AS THE MILITARY RELEASES EQUIPMENT THAT THEY HAVE IN SURPLUS.
SO THE WAY THAT WORKS IS WE HAVE, UM, MEMBERS OF OUR DEPARTMENT THAT HAVE GONE THROUGH SPECIALIZED TRAINING.
THEY UNDERSTAND HOW THE SYSTEM WORKS, HOW THE REQUESTS TO ACQUIRE THIS TYPE OF EQUIPMENT, UH, HAVE TO FLOW THROUGH THE SYSTEM.
AND THEN THEY'RE THE ONES THAT WOULD MAKE THOSE REQUESTS.
THESE ARE VERY TIME-SENSITIVE REQUESTS IN THAT OFTENTIMES WHEN MORE SOUGHT AFTER EQUIPMENT SHOWS UP ON THE SURPLUS PROGRAM, IT IS IMMEDIATELY REQUISITIONED BY ALL THOSE AGENCIES THAT ARE PAYING ATTENTION.
WE DO HAVE EL LISO EQUIPMENT IN THE POLICE DEPARTMENT RIGHT NOW.
UH, WE WENT THROUGH A RATHER LENGTHY PROCESS ROUGHLY A YEAR AGO, INVENTORYING ALL OF THAT
[00:10:01]
EQUIPMENT AND THAT EQUIPMENT, UH, IT COULD INCLUDE THINGS LIKE, UM, THE RED DOT SIGHTS ON RIFLES THAT THE DEPARTMENT HOLDS.UH, WE HAVE HAD, UH, VEHICLES THAT WE HAVE RECEIVED THROUGH THE LISO PROGRAM.
AT ONE POINT WE HAD A HELICOPTER THAT WAS RECEIVED THROUGH THERE.
I BELIEVE WE STILL HAVE ONE, SO ALL DIFFERENT TYPES OF EQUIPMENT.
UM, AND SO WHAT WE ARE DOING THROUGH OUR POLICY AND AS YOU'LL SEE THEIR POLICY 800.5 INVENTORY CONTROL, WE ARE ADDRESSING THE NEED AND, AND, AND WOULD ESTABLISH THAT LIST OF THESE ITEMS THAT WE OBTAIN THROUGH THIS PROCESS AND THAT WE WOULD PROVIDE THAT INVENTORY TO THE CITY MANAGER.
AND, UM, AND THEN AS YOU SEE THERE, THERE'S A PROCESS BY WHICH WE WOULD LOOK FOR THE CITY MANAGER'S OFFICE TO GIVE PRIOR APPROVAL THAT ANY NEW TYPE OF EQUIPMENT THAT WE WOULD SEEK TO OBTAIN PRIOR TO DOING SO.
SO THAT'S HOW WE'RE LOOKING TO ADDRESS THAT POLICY RECOMMENDATION.
UH, IF YOU CAN MOVE TO THE NEXT SLIDE, PLEASE.
THE THIRD, UH, IS THE ISSUE OF THE RIDE, WHICH IS THE LONG RANGE ACOUSTICAL DEVICE.
UH, THIS WAS A PIECE OF EQUIPMENT.
I THINK THAT WAS HIGHLIGHTED LAST SUMMER DURING THE PROTESTS AND THE RIOTS THAT WE USED AS A PUBLIC ANNOUNCING SYSTEM.
THIS IS SOMETHING WE HAVE HAD FOR SEVERAL YEARS.
THIS PIECE OF EQUIPMENT ALSO HAS THE ABILITY TO BE USED AS WHAT'S AT TIMES CALLED A SONIC WEAPON.
IT CAN PRODUCE EITHER HIGH PITCHED, VERY LOUD SOUNDS THAT THAT BASICALLY DETER ANYONE FROM WANTING TO BE AROUND IT.
THAT IS NOT THE PURPOSE FOR WHICH WE'VE USED THIS EQUIPMENT IN THE PAST.
WE REGULARLY USE IT AS A PA SYSTEM MOST BY THE SWAT TEAM WHEN THEY ARE TRYING TO GET THE ATTENTION OF SOMEONE WHO MAY BE INSIDE A STRUCTURE IN BARRICADED, WE USE IT AS A PA SYSTEM.
SO WHAT YOU'LL SEE HERE IS THE POLICY WOULD FORBID THIS FROM BEING USED AS A SONIC WEAPON OR A METHOD OF PAIN COMPLIANCE, AND THAT IT WOULD ONLY BE USED AS A PUBLIC ANNOUNCEMENT SYSTEM, UH, AND TO BROADCAST WARNINGS OR NOTIFICATIONS OR ANYTHING LIKE THAT.
AND THAT IT WOULD ONLY BE DONE AT A DECIBEL LEVEL AND A FREQUENCY THAT ARE SAFE FOR THE PURPOSE AT THAT TIME.
SO WE LOOK TO INCORPORATE ALL OF THAT AND POLICY AGAIN, I JUST WANT TO HIGHLIGHT THAT THE EL RADS PURPOSE IN THE TIME THAT WE HAVE HAD, IT HAS ALWAYS BEEN AS A PUBLIC ADDRESS SYSTEM.
WE'RE JUST FORMALIZING A LOT OF THIS LANGUAGE IN OUR POLICY.
THE NEXT POLICY YOU WILL SEE IS, UH, THE POLICY AROUND FACIAL RECOGNITION SOFTWARE, AND WHAT COUNSEL PUT FORTH IN THE RESOLUTION WAS THE, UH, LANGUAGE STATING THAT THE USE OF FACIAL RECOGNITION WILL NOT BE USED UNLESS IT IS NECESSARY DUE TO AN IMMINENT THREAT OR DANGER MUST BE APPROVED BY THE CITY MANAGER AND ULTIMATELY REPORTED TO COUNCIL IF UTILIZED, THIS IS ADDRESSED IN APD POLICY 100.5, WHICH COVERS OUR HARDWARE AND SOFTWARE THAT WE USE AT THE DEPARTMENT.
AND YOU'LL SEE THAT WE HAVE SPECIFIC LANGUAGE THAT WOULD LIMIT THE USE OF FACIAL RECOGNITION SOFTWARE SPECIFICALLY THAT UNLESS IT WAS IN FURTHERANCE OF AN ACTIVE INVESTIGATION OF A VIOLENT FELONY OR AN ACTIVE THREAT OF A VIOLENCE AGAINST THE COMMUNITY, THAT WE WOULD NOT ALLOW OUR EMPLOYEES TO USE THE FACIAL RECOGNITION TECHNOLOGY SOFTWARE OR SERVICES OF ANOTHER AGENCY.
SO WE ARE LIMITING THIS TO THE EXTENT THAT WE BELIEVE IS APPROPRIATE, THAT WE WOULD ONLY USE IT IN THOSE CASES WHERE IT IS A VIOLENT FELONY OR AN ACTIVE THREAT OF VIOLENCE AGAINST OUR COMMUNITY.
THE ONLY OTHER EXEMPTION YOU WILL SEE THERE IS OBVIOUSLY WE HAVE DUTIES AT THE AIRPORT AND THE FEDERAL GOVERNMENT WITH TSA AND OTHER AGENCIES HAS STANDING AND CONTROL OVER MANY OF THE, UH, THE SERVICES OUT THERE.
SO IF WE WERE EVER IN A CONFLICT WITH THAT, THEN WE HAVE TO APPLY BY THOSE FEDERAL RULES AND REGULATIONS IN THAT CIRCUMSTANCE.
OUTSIDE OF THAT, THOUGH, WE WOULD RESTRICT IN A WAY THAT I BELIEVE, AND WE BELIEVE IS CONSISTENT WITH COUNCIL'S DIRECTION.
AND THAT IS, IT WOULD ONLY BE USED IN THE INVESTIGATION OF A VIOLENT FELONY OR ACTIVE THREAT AGAINST OUR COMMUNITY.
AND IF WE CAN GO TO THE NEXT SLIDE, I'LL GO OVER THE LAST TWO THAT ARE HERE.
FIRST OF ALL, IS THE NO-KNOCK SEARCH WARRANT.
UM, AND WHAT YOU SEE THERE IS THE, THAT THE NO-KNOCK SEARCH WARRANT SHOULD BE RESTRICTED AND INCLUDE COMPREHENSIVE REPORTING TO INCLUDE THE REASONING AND THE RESULT.
UM, THIS IS ADDRESSED IN APD GENERAL ORDER FOUR OH FIVE, WHICH IS OUR FUGITIVE AND SEARCH WARRANTS.
AND WHAT YOU SEE THERE IS THE RESTRICTIONS THAT WE HAVE IN PLACE ON NO-KNOCK SEARCH WARRANTS, THAT THEY WILL ONLY BE EMPLOYED WHEN OFFICER SAFETY IS AN ISSUE, THEY WILL NOT BE USED JUST TO PREVENT THE DESTRUCTION OF EVIDENCE.
SO IN OTHER WORDS, IF IT'S A NARCOTIC
[00:15:01]
SEARCH WARRANT, AND WE BELIEVE THAT BY ANNOUNCING OUR PRESENCE AND TRYING TO OBTAIN VOLUNTARY ENTRY INTO THE STRUCTURE PRIOR TO A FORCEFUL ENTRY, THAT THERE'S A LIKELIHOOD THAT THE CONTRABAND WOULD BE DESTROYED OR FLUSHED OR WHATEVER, THAT, THAT IS NOT A SATISFACTORY REASON TO GO WITH A NO-KNOCK SEARCH WARRANT, THAT IT HAS TO BE SOMETHING MORE THAN THAT.IT HAS TO BE SOMETHING THAT'S BRINGING OFFICER SAFETY INTO, UH, INTO PLAY.
AND THEN YOU'LL SEE SOME OF THE RESTRICTIONS THAT IT'S GOING TO REPROACH, UH, REQUIRE THE APPROVAL AT THE COMMANDER LEVEL.
IT'S NOT SOMETHING THAT OFFICERS SERGEANTS OR LIEUTENANTS CAN, UH, CAN SIGN OFF ON AND APPROVE, BUT INSTEAD IT WOULD HAVE TO GO TO THE COMMANDER LEVEL.
AND THEN AS YOU SEE, WE WOULD HAVE A SMART SHEET THAT IS ABLE TO TRACK ALL OF THE NO-KNOCK SEARCH WARRANTS.
THAT WAY WE WOULD HAVE THE DATA ON THOSE SEARCH WARRANTS AND, UH, BE ABLE TO PROVIDE REPORTING ON THOSE WHEN APPROPRIATE, IF IT DIDN'T INTERFERE WITH AN ONGOING OR LONG-TERM INVESTIGATION.
SO AGAIN, WE THINK THAT WE WERE APPROPRIATELY APPROACHING THAT POLICY IN A WAY THAT ALLOWS US TO STILL DO OUR DUTIES IN A MANNER AS SAFE AS POSSIBLE, AND TO RESTRICT THE USE OF THESE NO-KNOCK WARRANTS, TO THE GREATEST EXTENT USING THEM ONLY IN THOSE CIRCUMSTANCES WHERE WE THINK IT'S THE APPROPRIATE TACTIC BASED ON THE SAFETY ISSUES OR THE THREAT AT HAND.
AND THEN THE LAST POLICY YOU'LL SEE IS, UH, ADDRESSING THE USE OF TEAR GAS, UH, IN THE RESOLUTION.
IT WANTED THE STATED POLICY OF THE CITY THAT THE POLICE USE OF TEAR GAS IS STRICTLY PROHIBITED.
THIS IS ADDRESSED IN OUR GENERAL ORDER, AS YOU SEE TWO OH SIX, TWO THREE, WHICH IS CONTROLLED DEVICES AND WHERE WE ARE AT ON THIS IS THAT WE WOULD NOT HAVE AN ABSOLUTE RESTRICTION ON THE USE OF TEAR GAS, BUT INSTEAD TEAR GAS WOULD ONLY BE USED UNDER THE APPROPRIATE CONDITIONS AS YOU SEE FIT TO OUR, I'M SORRY, AS YOU SEE ON THE SLIDE, AND THAT WILL BE TO PREVENT SERIOUS BODILY INJURY OR DEATH.
AND THERE'S A COUPLE OF EXAMPLES OF THAT SUCH AS OPERATIONS.
OUR SWAT TEAM IS REGULARLY INVOLVED IN HOSTAGE, RESCUES, BARRICADED SUBJECTS, UH, OFFICER RESCUES, THINGS LIKE THAT.
AND AS YOU SEE ON A LETTER B THEY'RE ONLY MEMBERS OF SWAT AND SRT WOULD BE AUTHORIZED SWAT.
THIS IS A REGULAR TACTIC EMPLOYED BY, I WOULD, I CANNOT SIT HERE AND TELL YOU EVERY SWAT TEAM, BUT I WOULD HAVE A HARD TIME THINKING OF SWAT TEAMS THAT DID NOT USE A TEAR GAS, A CS GAS AS AN OPTION.
IT ALLOWS YOU, UH, IN MANY TIMES TO CREATE AN ENVIRONMENT INSIDE A STRUCTURE THAT IS, THAT IS EITHER UNINHABITABLE OR ONE THAT, THAT INDIVIDUAL NO LONGER WANTS TO INHABIT.
AND HOPEFULLY YOU CAN GET THAT PERSON TO EXIT THE STRUCTURE INSTEAD OF SENDING OFFICERS INTO THE STRUCTURE.
WHEN WE SEND OFFICERS INTO A STRUCTURE WHERE A SUSPECT HAS BEEN, ESPECIALLY IF THEY'VE BEEN THERE FOR QUITE SOME TIME, AS THEY MAY HAVE HAD OPPORTUNITIES TO TARGET HARD IN THAT LOCATION, TO FIND PLACES TO HIDE AND ASSAULT THE OFFICERS UPON ENTRY.
SO THIS IS A TACTIC THAT BY INSERTING THIS INTO, UH, STRUCTURES, YOU CAN OFTENTIMES COERCE AND CONVINCE THAT PERSON TO COME OUT OF THE RESIDENCE.
NOW, THIS IS SOMETHING THAT IS TYPICALLY DONE WELL INTO A SWAT CALL AFTER ALL OTHER MEANS, HAVE FAILED NEGOTIATIONS, THE ATTEMPT TO GET THE PERSON TO ANSWER THE PHONE, ALL OF THAT.
THIS IS ANOTHER TACTIC THAT CAN BE USED.
IT'S ALSO AN OPPORTUNITY THAT IF A SUBJECT'S IN A LARGER STRUCTURE, THAT YOU CAN PR YOU, YOU CAN MAKE AREAS OF THAT STRUCTURE LOCATIONS, WHERE THEY DO NOT WANT TO ENTER SO THAT YOU CAN KEEP THEM FROM MOVING AROUND FREELY IN THAT STRUCTURE AND HAVE A BETTER CHANCE OF REMOVING THEM FROM THE STRUCTURE, RESCUING A HOSTAGE DOWNED OFFICER, WHATEVER THAT MAY BE SRT IS OUR SPECIAL RESPONSE TEAM.
AND THIS IS THE GROUP THAT WORKS WITH, UH, CROWD CONTROL.
UH, AND WHAT WE ARE SAYING IS THAT WE WOULD RESERVE THE RIGHT FOR USE BY SRT FOR THOSE CIRCUMSTANCES WHERE IT WAS NECESSARY DUE TO THERE BEING LARGE SCALE PROPERTY DESTRUCTION, VANDALISM LARGE-SCALE, LUNING, ARSON, THINGS LIKE THAT, THAT WE CANNOT GET A HANDLE ON OTHER WAYS, BUT THAT IT WOULD BE RESTRICTED FOR USE AGAINST INDIVIDUALS THAT ARE SOLELY EXERCISING FIRST AMENDMENT RIGHTS TO SPEECH, OR TO ASSEMBLE OR TO PROTEST.
SO WE THINK THAT WE'RE PUTTING THE APPROPRIATE PARAMETERS ON THE USE OF TEAR GAS AND LIMITING IT TO THOSE CIRCUMSTANCES WHERE IT WILL ALLOW OFFICERS TO APPROACH THESE TYPES OF DANGEROUS SITUATIONS IN THE SAFEST MANNER POSSIBLE.
AND IN A MANNER THAT DOES NOT REALLY POSE
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A THREAT OF BODILY INJURY TO AN INDIVIDUAL.INSTEAD, IT'S SOMETHING THAT'S VERY DISCOMFORTING TO MOST, AND IT MAKES THEM WANT TO GET AWAY FROM THE LOCATION WHERE THAT, UH, THAT CHEMICAL HAS BEEN DISPERSED.
SO I KNOW THAT, UM, UH, FAIR MUSKET IN, UH, OPO HAS GOT A PRESENTATION THAT SHE WILL BE HAVING HERE IN A MOMENT WHERE SHE'S GOING TO GO OVER, UH, THEIR RECOMMENDATIONS ON THESE SAME SIX ISSUES.
AND SO I WANT TO LEAVE IT UP TO, UH, I, I GUESS, I DON'T KNOW IF YOU WANT TO TALK ABOUT OUR PROPOSALS OR IF YOU WANT TO HEAR FROM OPO FIRST AND THEN ENTERING TO EITHER A DISCUSSION OR A QUESTION AND ANSWER.
AND AS YOU CAN SEE, I'VE GOT TROY GAY, OUR CHIEF OF STAFF ON THE CALL, AS WELL AS JOE
SO THAT, UH, WITH MY, UH, UH, IMMINENT DEPARTURE, UH, HERE IN, IN, IN THE COMING WEEKS, UH, THESE TWO LEADERS WILL BE ON HAND FOR QUITE SOME TIME AS WE, UH, CONTINUE TO WORK THROUGH THE IMPLEMENTATION OF THESE POLICY CHANGES.
SO, UH, YOU HAVE ALL THREE OF US HERE TO HOPEFULLY BE ABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
AND THANK YOU BOTH FOR THANK YOU ALL FOR BEING HERE, UM, AND REALLY GIVEN THIS PRESENTATION.
SO I WANT TO MAKE SURE THAT I HAVE THE RIGHT CONTEXT AND UNDERSTANDING FOR THESE POLICIES.
THESE ARE THINGS THAT ARE NOT CURRENTLY ACTIVE POLICY, IS THAT CORRECT? THEY ARE STILL IN THE RECOMMENDATION STAGE, OR THESE ARE THINGS THAT ARE ALREADY, THAT HAVE ALREADY BEEN IMPLEMENTED.
SOME OF THESE REFLECT OUR CURRENT PRACTICES AND SOME OF THEM WILL BE NEW LANGUAGE TO POLICY.
UM, AND THEN I'D LOVE TO, I HAVE A QUICK QUESTION ON THE NO-KNOCK REPORTING, UM, AND WHAT THAT LOOKS LIKE.
I WOULD LOVE TO KNOW IF YOU CAN SHARE SOME OF THE CRITERIA THAT YOU ALL ARE GATHERING.
AND THEN WHERE IS THAT REPORTED TO, ARE THERE OTHER CITY OFFICES THAT ARE RECEIVING THAT INFORMATION ON ANNUAL OR OTHER, UM, KIND OF TIME STRUCTURED BASIS, OR IS THAT SOMETHING THAT'S STRICTLY INTERNAL WITHIN THE DEPARTMENT? CERTAINLY.
SO THAT IS AN INTERNAL REPORTING SYSTEM THAT WE HAVE, AND THAT WE KEEP TRACK OF.
UH, IT'S NOT SOMETHING THAT WE ARE REPORTING OUT ON THAT I'M AWARE OF AT THIS TIME.
UH, I'M GOING TO ASK A TEACHER IF HE WANTS TO WEIGH IN.
HE OVERSEES ONE OF HIS AREAS OF RESPONSIBILITY IS OUR TACTICAL UNITS.
UH, THE SWAT TEAM BEING THE ONE THAT MOST FREQUENTLY USES THIS TOOL, UH, GOOD EVENING.
UM, MY NAME IS JOE CHACO AND I'M ONE OF THE ASSISTANT CHIEFS FOR APD, UH, FOR THOSE THAT ARE HAVEN'T MET BEFORE, UM, WITH REGARD TO THE NO-KNOCK WARRANTS.
UM, FIRST OF ALL, I'LL JUST TELL YOU, THEY'RE, THEY'RE PRETTY RARE FOR US TO EXECUTE.
UM, I DON'T HAVE THE EXACT NUMBER, BUT I CAN TELL YOU THAT THE VAST MAJORITY OF ORANGE THAT WE EXECUTE, UM, ARE, ARE YOUR MORE TYPICAL SEARCH WARRANTS.
UM, AND WHAT WE'VE DONE IS PUT IN AN INTERNAL REPORTING MECHANISM THAT ALLOWS US, UM, THROUGH, YOU KNOW, PER THE KIND OF MANDATES OF THE RESOLUTION TO MAKE SURE THAT WE'RE KEEPING TRACK OF THE DATES, THE LOCATIONS, THE RELEVANT CASE NUMBER, WHAT THE, UM, WHAT THE AUTHORITY WAS THAT WENT AHEAD AND APPROVED A WARRANT, BECAUSE IT HAS TO BE DONE AS AT THE COMMANDER LEVEL OR ABOVE.
AND IT ALSO HAS TO GO BEFORE, UH, THOSE JU UH, JUDGES THAT TYPICALLY ARE TYPICALLY NOT, UM, YOU KNOW, JUST, UH, TYPICALLY THOSE DEPENDS ON THE KIND OF CASE, BUT SOME OF THEM, YOU HAVE TO GO TO DISTRICT COURT JUDGES OR, OR EVEN FEDERAL JUDGES TO BE ABLE TO GET THOSE KINDS OF WARRANTS APPROVED.
SO THERE'S A NUMBER OF, UH, YOU KNOW, WE PUT IN A NUMBER OF LAYERS OF APPROVAL PROCESS TO MAKE SURE THAT WE'RE TAKING REALLY GOOD, HARD LOOK AT THESE TO MAKE SURE THAT THERE IS, UM, AMPLE JUSTIFICATION FOR APPROVING THESE KINDS OF WARRANTS, BECAUSE WE ALL UNDERSTAND THE DANGERS THAT CAN BE INVOLVED WITH THEM.
THEY ARE NOT REPORTED OUTSIDE OF OUR DEPARTMENT.
UH, THAT'S INTERNAL AND, UM, AT THE REQUEST OF, YOU KNOW, CITY MANAGEMENT, OR AS, AS THE NEED MIGHT ARISE, WE WOULD THEN REPORT THAT OUT AS NEEDED.
THANK YOU SO MUCH FOR SHARING THAT.
I WILL OPEN IT UP TO OTHER COMMISSIONERS.
IF YOU HAVE QUESTIONS BEFORE WE MOVE TO THE OPO PRESENTATION AHEAD.
RIGHT? SO, UM, THE RESOLUTION HAS A REDUCTION IN MILITARY GRADE EQUIPMENT, BUT FROM WHAT I THINK I HEARD YOU ARE ONLY YOU PROPOSED, UM, PRIOR APPROVAL TO FUTURE PURCHASES.
AM I CORRECT IN THAT? UM, IF I'M NOT, WHAT ARE YOU PROPOSING TO REDUCE FROM THAT STOCKPILE? SO IT'S NOT NECESSARILY A STOCK PILE.
WE HAVE EQUIPMENT THAT WE HAVE OBTAINED AND ISSUED TO OFFICERS.
SO WE HAVE DONE A FULL ACCOUNTING OF WHAT THAT EQUIPMENT
[00:25:01]
IS AND I'LL, UH, ASK, UH, EITHER JOE OR TROY TO WEIGH IN ON ANYTHING THAT WAS SENT BACK.AND SO THEREFORE WE DON'T HAVE THOSE ITEMS ANYMORE.
AND THEN THE AGREEMENT AS WE GO FORWARD WOULD BE, IF WE WERE TO SEEK THE ACQUISITION OF ANY OF THIS TYPE OF EQUIPMENT THAT IS OUTSIDE OF A NORMAL ACQUISITION.
IN OTHER WORDS, WE'VE GOTTEN, UH, GOGGLES FROM THEM BEFORE, SO THAT OFFICERS CAN WEAR THEM IN CERTAIN SITUATIONS.
AND SO IF THAT WAS SOMETHING THAT WE HAVE ROUTINELY GOTTEN THROUGH A MILITARY SURPLUS PROGRAM, AND WE, WHEN WE NEEDED MORE THAN WE WOULD NOT SEEK TO GET APPROVAL TO DO THAT AGAIN, VERSUS IF WE WERE IN THE FUTURE.
AND I WILL SAY THIS AS AN EXAMPLE, KNOWING THAT THIS IS NOT SOMETHING WE'RE LOOKING TO DO, BUT IF WE WERE WANTING TO GET AN M WRAP, ONE OF THOSE LARGE MILITARY STYLE AND TIMELINE VEHICLES THAT YOU SEE BEING USED ALL THE TIME, AND MANY POLICE DEPARTMENTS HAVE ACQUIRED THOSE, THEN THAT IS SOMETHING THAT IS OUTSIDE OF A NORMAL REQUEST WE HAD EVER HAD, OR A PIECE OF EQUIPMENT WE'VE EVER HAD.
THAT'S THE ONE WHERE WE WOULD SEEK APPROVAL.
AND CHIEF I'LL JUST GO AHEAD AND ADD ON TO, UH, TO KIND OF ELABORATE A LITTLE BIT MORE ON THE ANSWER.
UM, THE, A LOT OF THE, YOU KNOW, ALL THE EQUIPMENT HAS TO BE VERY CAREFULLY, UM, CATALOGED.
WE HAVE TO KEEP UP WITH IT BECAUSE WE HAVE TO REPORT BACK TO THE FEDERAL GOVERNMENT ON THE EQUIPMENT TO MAKE SURE THAT WE ARE, UM, THAT WE'RE KEEPING TRACK OF IT, THAT IT'S PROPERLY ASSIGNED IN THAT, AND THAT, UH, IF NECESSARY, WE WOULD BE ABLE TO COLLECT IT BACK UP AGAIN.
UM, A LOT OF, YOU KNOW, THE, THE CHIEF WENT OVER SOME OF THE TYPES OF THINGS THAT WE'VE GOTTEN SUCH AS, YOU KNOW, SOME OF THE BIGGER ITEMS. WE, WE GOT A HELICOPTER, UM, WE'VE GOTTEN VEHICLES AND, AND, UH, WE'VE GOTTEN SCOPES FOR RIFLES AND THINGS LIKE THAT, BUT WE'VE ALSO GOTTEN, UH, KIND OF MORE RUN OF THE MILL ITEMS, SUCH AS, UH, FLASHLIGHTS, GOGGLES, STORAGE CONTAINERS, UM, THAT CAN BE USED AND THOSE TYPES OF THINGS.
UM, WE, WHEN WE WENT THROUGH THE AUDIT RECENTLY, WE DISCOVERED, WELL, NOT DISCOVERED, BUT WE REALLY CATALOGED ALL THE ITEMS THAT WERE EITHER WE NO LONGER NEEDED.
AND, UM, AND THERE WERE MANY, OR THAT HAD BEEN, YOU KNOW, THAT BASICALLY HAD REACHED END OF LIFE BECAUSE THEY WERE JUST NO LONGER SERVICEABLE.
AND, UM, WE'RE IN THE PROCESS, I'VE GOT TO CHECK WITH MY COMMANDER, BUT WE ARE COLLECTING ALL OF THAT.
AND, YOU KNOW, WE HAD WHAT WE WERE WAITING FOR WAS THE GO AHEAD FROM THE FEDERAL GOVERNMENT TO DELIVER IT BACK TO THEM BECAUSE WE HAVE TO TURN IT BACK IN.
UM, WE WERE SUPPOSED TO DO THAT LAST YEAR, BUT COVID PREVENTED US FROM DOING IT.
AND THEY WERE NOT ALLOWING US TO GO ONTO THE, ONTO THE MILITARY BASE IN SAN ANTONIO TO GO AHEAD AND RETURN IT.
I THINK THOSE RESTRICTIONS HAVE EASED SOMEWHAT.
AND SO IT'S JUST A MATTER OF, AND THAT IS WHAT THAT PART OF THE COMPLIANCE FOR, FOR THAT PART OF, UH, THE RESOLUTION TO GO AHEAD AND, UM, YOU KNOW, GET RID OF THE STUFF OR, OR TAKE IT OUT OF OUR INVENTORY IF IT'S NOT APPROVED OR IT'S NO LONGER BEING USED.
UM, THERE IS A STANDING LIST OF THINGS THAT WE HAVE INDICATED TO, UH, CITY MANAGEMENT THAT, UH, WE HAVE AN ONGOING NEED FOR, AND THAT IF WE SEE IT APPEAR IN THE LISA PORTAL, THAT WE WOULD BE ASKING FOR IT, BUT ANYTHING THAT IS NOT ON THAT LIST, WE HAVE TO REQUEST SPECIFIC, UM, PERMISSION FROM CITY MANAGEMENT TO, TO BE ABLE TO PUT IN FOR THAT.
AND OF COURSE THE CITY MANAGER WOULD COMMUNICATE WITH COUNCIL ON THOSE ITEMS. I HAVE A FOLLOW-UP QUESTION.
SO, UM, A LOT OF THIS EQUIPMENT IS ACQUIRED THROUGH PURCHASES.
UM, THE LISA PROGRAM IS, IS, UH, IT'S ALL, IT'S BASICALLY LINKED TO US BY THE, BY THE FEDERAL GOVERNMENT.
SO I HAVE, UH, ANOTHER QUESTION, IF YOU WILL, UM, TO YOUR RECOLLECTION, I'M THINKING TO THE, UM, USE OF FORCE REPORTS THAT WE'VE SEEN AND DEATHS, UM, INVOLVING POLICE OFFICERS.
I DON'T RECALL EVER SEEING, UM, OFFICER INVOLVED DEATH INVOLVING A CHOKE HOLD IN AUSTIN.
CAN YOU TELL ME HOW OFTEN A CHOKEHOLD HAS BEEN USED TO, UM, AND A PERSON'S LIFE BY APD? I'M NOT AWARE OF A CHOKE HOLD, UH, BEING USED IN A CRITICAL INCIDENT.
UH, IN MY TIME AT THE DEPARTMENT, I DO REMEMBER VERY, VERY EARLY ON, UM, E WHICH WOULD HAVE BEEN BACK IN THE VERY EARLIEST OF THE NINETIES.
[00:30:01]
A STRUGGLE ON A WATERBED WITH A SUSPECT THAT RESULTED IN A FATALITY, BUT IT WAS NOT THE RESULT OF A, OF A CHOKE HOLD FROM WHAT I REMEMBER OF THAT INCIDENT.AND AGAIN, THAT'S 26, 27 YEARS AGO.
I AM NOT AWARE OF ANY, UH, INCIDENT SINCE THEN, UH, THAT COMES TO MIND AND GOT A LOT OF EXPERIENCE WITH THE OTHER TWO ON THE CALL HERE.
I'LL ASK THEM TO WEIGH IN IF THEY RECALL ANY, BUT I DO NOT.
NO, SIR, I'M NOT AWARE OF ANY SAME HERE.
SO OUTSIDE OF, UM, YOUR, THE EQUIPMENT THAT YOU HAVE ON YOUR BELT, ESSENTIALLY, THERE HAVEN'T BEEN DEATHS OUTSIDE OF USING THOSE.
I THINK I HEARD YOU MENTIONED, UH, CHIEF MANLEY, THAT OFFICERS ARE ALLOWED TO USE ANYTHING AT THEIR DISPOSAL.
I THINK YOU MENTIONED INCLUDING A BRICK IF THEY NEEDED TO.
SO I JUST WANT TO BE SURE THAT WHEN I'M HEARING THAT ONLY THE TOOLS AT YOUR DISPOSAL ON YOUR BODIES HAVE BEEN USED TO MY KNOWLEDGE OR THE TOOLS THAT MAY BE IN THE CAR SUCH AS A SHOTGUN OR A RIFLE, BUT THEN OTHER THAN THAT, THE EQUIPMENT THAT THE OFFICERS WEAR ON THEIR DUTY BELT, I BELIEVE THAT'S A FAIR STATEMENT TO MY KNOWLEDGE.
AND I HAVE ONE LAST QUESTION INVOLVING THE CS GUESTS.
UM, SO I UNDERSTAND THAT YOU WOULD USE THOSE IN HOSTAGE RESCUE, BARRICADED SUBJECTS AND OFFICER RESCUE.
HAVE YOU SPOKEN TO ANYONE WHO'S BEEN SUBJECT TO CS GAS EXPOSURE AFTERWARDS AND ASK THEM ABOUT ANY LONGTERM EFFECTS OF USE OF CS GAS, WHETHER IT'S AN OFFICER OR, UM, A HOSTAGE.
AND I JUST UNDERSTAND THAT USUALLY HOSTAGE SITUATIONS INVOLVE FAMILY MEMBERS, UH, WOMEN AND CHILDREN.
I'M JUST WONDERING IF YOU HAVE ANY KNOWLEDGE OF AFTER EFFECTS OF USE OF CS GAS.
UH, I HAVE NOT SPOKEN TO ANYONE AFTERWARDS, UH, HAVING GONE THROUGH THE SWAT SCHOOL MYSELF, ONE OF THE SESSIONS IN THAT TRAINING IS AN EXPOSURE SESSION TO WHERE WE ALL GO INTO A CONFINED ROOM INITIALLY WITH THE GAS MASK ON AND THEY DEPLOY CANISTERS OF CS GAS IN THE ROOM WITH US.
NUMBER ONE, IT GIVES THE OFFICERS CONFIDENCE THAT THE GAS MASKS WILL WORK.
AND THEN THE SECOND PART OF THE EXERCISE IS YOU TAKE OFF YOUR MASK AND YOU STAY IN THAT ENVIRONMENT SO THAT YOU UNDERSTAND THE IMPACTS OF THAT.
SO I MYSELF HAVE BEEN EXPOSED AND KNOW WHAT IT DOES TO AN INDIVIDUAL.
AND THE FACT THAT THE IMPACTS ARE SHORT-LIVED AND THAT ONCE YOU GET OUT OF THAT ENVIRONMENT AND YOU HAVE AN OPPORTUNITY TO GET THAT ALSO OF YOUR PERSON, WHETHER IT BE YOUR EYES OR YOUR SKIN, THAT THE, THE SYMPTOMS WILSON DISSIPATE WITH NO LONG-TERM EFFECTS.
HOW LONG HAS YOUR EXPOSURE TO THE CS GAS IN YOUR TRAINING? UM, I WENT THROUGH THIS AS A LIEUTENANT AND WHAT, UH, WE WERE IN THAT ROOM FOR, I DON'T KNOW, SEVERAL MINUTES WE WERE IN THAT ROOM, UH, WITH THAT GAS, UH, ULTIMATELY THEY DON'T LOCK THE DOOR AND MAKE YOU STAY IN THERE.
YOU STAY IN THE ROOM UNTIL YOU, UH, CAN NO LONGER STAY IN THE ROOM AND THEN YOU, AND THEN YOU EXIT.
THANK YOU, COMMISSIONER MCMANN.
UM, OTHER QUESTIONS, COMMISSIONER CONNOLLY, GO AHEAD.
UM, YEAH, SO ACTUALLY I THINK, UH, COMMISSIONER MCMANN ALREADY TOUCHED ON THE MAIN QUESTION THAT I HAD, WHICH WAS CS GAS, BUT I MEAN, IT SEEMS TO ME ACROSS A LOT OF THESE RECOMMENDATIONS, IT SEEMS THAT, UM, YOU KNOW, THE COUNCIL RESOLUTION LANGUAGE CONVEYS A CERTAIN TONE OF, UH, URGENCY IN TERMS OF THE NEED FOR CHANGE AND THAT THE RECOMMENDATIONS THAT ARE BEING PUT FORWARD, ESSENTIALLY KEEP THINGS PRETTY MUCH THE WAY THEY ALREADY ARE.
UM, SO I'M, I'M, I'M INTERESTED IN, IN, IN THAT, THAT KIND OF THE GAP I SEE BETWEEN THE, THE URGENCY AND THE COUNCIL RECOMMENDATIONS, AND THEN THE FACT THAT WE HAVE A SET OF THE COUNCIL, THE RESOLUTION, AND THEN WE HAVE A SET RECOMMENDATIONS THAT ESSENTIALLY SORT OF SEEM TO PRESERVE THE STATUS QUO ON ALMOST ALL OF THESE ITEMS, BUT I THINK THE CS GAS ONE REALLY STANDS OUT.
SO, UH, YOU KNOW, IT SAYS ON ITEM A, IT SAYS UNLESS IN CASES OF EXTREME CIVIL UNREST, UM, ALTHOUGH IN ITEM B, IT DOES SAY THAT IT SHOULD NOT BE USED AGAINST PEOPLE EXERCISING THEIR FIRST AMENDMENT, RIGHT.
AND I'M CURIOUS, I'D LIKE TO ASK CHIEF MANLEY AND I LIKE TO ASK THE OTHER OFFICERS WHO ARE HERE, UM, WOULD YOU CLASSIFY THE PROTESTS THAT TOOK PLACE OVER THE LAST SUMMER IN RESPONSE TO GEORGE FLOYD'S DEATH AND MIKE RAMOS HIS DEATH, IF YOU WOULD CLASSIFY THOSE AS INCIDENTS
[00:35:01]
OF FOLKS EXERCISING THEIR FIRST AMENDMENT RIGHTS, OR WERE THOSE CASES OF EXTREME CIVIL UNREST? BECAUSE HUNDREDS OF MEMBERS OF THE CITY CALLED INTO COUNCIL, UM, TELLING THEIR FIRSTHAND ACCOUNTS OF HOW THEY HAD BEEN TEAR GAS.AND IT WAS EXTREMELY, I THINK, TRAUMATIC FOR THE COMMUNITY AS A WHOLE, BUT I'M CURIOUS IF THAT WAS CIVIL UNREST OR IF THAT WAS FIRST AMENDMENT, UH, RIGHTS THROUGHOUT THAT FIRST WEEKEND, THERE WERE PERIODS OF BOTH.
THERE WERE PERIODS WHERE WE HAD INDIVIDUALS OUT THERE THAT WERE EXERCISING THEIR FIRST AMENDMENT RIGHTS TO FREE SPEECH AND TO ASSEMBLE AND TO PROTEST.
AND WE'RE TRYING TO DO IT PEACEFULLY.
AND THEN THERE MOMENTS WHERE PEOPLE'S ACTIONS TURNED THAT INTO A RIOT AND TURNED THAT INTO SITUATIONS WHERE THERE WAS SIGNIFICANT CIVIL UNREST.
UH, WHAT WE'RE LOOKING AT IS, THANKFULLY WE DIDN'T HAVE THIS HERE, BUT WHAT WE SAW, UNFORTUNATELY, PLAYING OUT IN CITIES, ACROSS OUR COUNTRY, AS WE ALL PAID ATTENTION IS CITIES WHERE THERE WAS A SIGNIFICANT AMOUNT OF ARSON AND LOOTING AND THINGS LIKE THAT BY THESE LARGE GROUPS.
AND SO, UM, THAT IS, IS, UH, SIMILAR TO WHAT WE'RE TRYING TO ADDRESS, YOU KNOW, THANKFULLY WE, UM, WE DID NOT SEE THAT HERE WE DID HAVE THAT.
WE DID HAVE AN ACT OF ARSON THAT DID TAKE PLACE WHEN THE, UH, SOMEONE IN THE CROWD SET A CAR ON FIRE UNDER THE BRIDGE, AND THEN ULTIMATELY DRUG, UH, ALL THE POSSESSIONS OF, UH, ONE OF OUR, UH, PEOPLE THAT WAS EXPERIENCING HOMELESSNESS AND LIVING UNDER THE BRIDGE, THEIR DRUG, THEIR PERSONAL PROPERTY INTO THAT FIRE.
AND THEN WE KNOW WE CAME ACROSS SOME INDIVIDUALS WITH MULTIPLE COCKTAILS, BUT THANKFULLY WE DIDN'T SEE SOME OF WHAT WAS HAPPENING IN SOME OF THE OTHER CITIES.
SO THE SHORTEST ANSWER TO YOUR QUESTION THOUGH, WOULD BE THAT WE HAD PERIODS OF BOTH.
UM, I'M GLAD TO HEAR, UH, APD PROTECTING THE PROPERTY OF UNHOUSED INDIVIDUALS.
THAT'S, THAT'S COMFORTING, BUT AT THE SAME TIME, I'M CURIOUS.
UM, YOU KNOW, I, YOU KNOW, THIS IS LARGELY UP TO THE DISCRETION OF A COMMAND, A COMMANDER OR ASSISTANT CHIEF, WHICH SEEMS TO BE THE CASE OVER THE PAST SUMMER.
I THINK THE SUBSTANCE OF MY QUESTION IS WHAT REALLY CHANGES WITH REGARDS TO THE WAY WE HANDLED THIS LAST SUMMER AND HOW WE WILL HANDLE THIS NOW WITH THESE RECOMMENDATIONS.
UM, CAN YOU ALL STILL HEAR ME? I, I NO LONGER HAVE VISUAL ON MY COMPUTER.
CAN YOU ALL STILL HEAR ME? YES.
AND THEN I'M GONNA, I MIGHT HAVE TO BACK OUT AND TRY AND GET BACK IN CAUSE I'VE LOST EVERYTHING.
BUT, UM, WHAT CHANGES HERE I THINK IS WE ARE EXPLICITLY STATING THAT THIS IS NOT GOING TO BE USED IN CIRCUMSTANCES WHERE IT IS JUST A FIRST AMENDMENT PROTECTED ACTIVITY.
AND THEN WE ARE FURTHER DELINEATING THOSE CIRCUMSTANCES IN TACTICAL SITUATIONS WHERE ITS USE WOULD BOTH BE APPROPRIATE AND ALLOWED, BUT ULTIMATELY THAT'S STILL FALLS TO THE DISCRETION OF THE COMMANDER.
I MEAN, OBVIOUSLY THEY'RE THE ONES THAT ARE OUT THERE AND THEY'RE THE ONES THAT ARE GOING TO BE MAKING THAT JUDGMENT ON THE, ON THE SCENE.
I DON'T HAVE ANY MORE QUESTIONS.
I HAVE A QUICK FOLLOW-UP QUESTION TO THAT.
UM, RELATING TO THE JUDGMENT AND WHAT THAT LOOKS LIKE.
IS THERE A STANDARDIZED PROCESS OR TRAINING FOR HOW TO ASSESS, UM, SITUATIONS WHERE YOU'RE DEALING WITH LARGE CROWDS AND POPULATIONS THAT COULD POTENTIALLY, UM, END UP IN CIVIL UNREST OR IS THERE A RUBRIC OR FRAMEWORK THAT YOU ALL FOLLOW AND KIND OF ANALYZING AS YOU'RE LOOKING AT, YOU KNOW, BOTH RESOURCES, UM, AND, UH, RESPONSE AND LEVEL OF RESPONSE TO THOSE SITUATIONS.
TAKE A MOMENT TO TRY AND FIX MY COMPUTER HERE, BUT ACTUALLY CHEEK CHACONE IS THE PERFECT PERSON FOR THAT QUESTION ANYWAY, AS HE OVERSEES THESE TEAMS. SO YOU'RE GOING TO SEE ME DISAPPEAR AND HOPEFULLY REAPPEAR BACK ON SCREEN IN A MOMENT.
AND I'M GOING TO ASK YOU TO CALL HIM IF YOU WILL, UH, ADDRESS THAT.
UM, SO FOR THE AUSTIN POLICE DEPARTMENT, THAT IS THE MOBILE FIELD FORCE TRAINING, UH, TO ANSWER THE QUESTION, YES, THERE IS A TRAINING THAT WE PUT ALL OF OUR OFFICERS THROUGH, IT BEGINS IN, IN THE POLICE ACADEMY.
UM, AND THEN, UH, THROUGHOUT, UH, YOU KNOW, WHAT HAS LARGELY BEEN DRIVEN THROUGHOUT THE YEARS IS THAT THE SPECIAL RESPONSE TEAM HAS BEEN THE ONE TO, UH, BE ACTIVATED WHEN WE HAVE, UM, KNOWN, UM, LARGE MASS GATHERINGS THAT COULD, THAT COULD TURN, UM, YOU KNOW, THAT COULD, THAT COULD TURN VERY QUICKLY, UH, INTO GROUPS THAT ARE FIGHTING WITH ONE ANOTHER OR FIGHTING AGAINST THE POLICE.
WE WILL GO AHEAD AND ACTIVATE SPECIAL RESPONSE AND HAVE THEM COME OUT AND, AND, UH, BASICALLY STAND READY, UH, TO DO THAT.
UM, WE ALSO HAVE OUR BICYCLE PUBLIC ORDER TEAM, WHICH HAS BEEN VERY EFFECTIVE OVER THE LAST SEVERAL YEARS, UM, BECAUSE WE HAVE GROUPS THAT WILL ASSEMBLE AT, UM, AT THE STATE CAPITOL, PARTICULARLY, AND, AND AS WE SAW OVER
[00:40:01]
THE SUMMER WHEN THE STATE CAPITOL GROUNDS WERE ACTUALLY, UH, CLOSED, THOSE WERE PUSHED OUT ONTO THE CITY STREETS.AND OVER THE YEARS REALLY IT'S BEEN, WE'VE HAD PEOPLE THAT MIGHT BE ON, UM, OPPOSITE SIDES OF A PARTICULAR ISSUE OR TOPIC THAT, UM, THAT ARE KIND OF FACE TO FACE.
AND WE'LL, WE'LL USE OUR BICYCLE PUBLIC ORDER TEAM TO KEEP THEM SEPARATE, ALLOW THEM TO VOICE OPINIONS, UM, BUT MAKE SURE THAT IT REMAINS PEACEFUL AND THAT, UH, THAT NOBODY GETS HURT.
AND IT'S BEEN VERY, VERY SUCCESSFUL.
YOU KNOW, WE, WE, UH, TYPICALLY DO NOT MAKE RISK.
WE DON'T YOU'D HAVE TO USE ANY KIND OF FORCE, UH, AND PEOPLE ABIDE BY THE OFFICERS.
UM, YOU KNOW, THE OFFICER'S INSTRUCTIONS, WHAT WE SAW, UH, OVER THE SUMMER WAS NOT THAT, UM, YOU KNOW, AS OFFICER WOULD GIVE INSTRUCTIONS, THEY WERE, THEY WERE NOT OBEYED.
AND, UH, AS, AS THE CHIEF MENTIONED, MANY TIMES IT DEVOLVED INTO RIOTS.
SO, UH, THE OFFICERS, WE HAD TO BRING OUT A GREATER NUMBER OF OFFICERS OUTSIDE OF OUR SPECIAL RESPONSE TEAM, UH, BRING IN PATROL AND OTHERS, UH, THAT HAVE BEEN TRAINED IN THE MOBILE FIELD FORCE TRAINING TO GO AHEAD AND EMPLOY THAT TRAINING, UM, AS THEY WERE ABLE TO.
AND I, UM, HAVE A QUICK QUESTION AROUND THIS MOBILE FIELD FORCE TRAINING ABOUT HOW MANY HOURS, UM, IS THAT TRAINING AND LIKE HOW ONGOING MAYBE, UM, IS THERE ANY LIKE ANGLE, I DON'T KNOW, UM, UM, ANGLE JUST LIKE REINFORCEMENT OR, YOU KNOW, UP TRAININGS THAT HAPPEN.
UM, WHAT DOES THAT LOOK LIKE? YEAH, SO FOR OUR, FOR OUR, UH, SPECIAL RESPONSE TEAM, UM, WE HAVE, UH, BIANNUAL REFRESHERS, UH, THAT THEY ARE GOING, UH, TWICE A YEAR TO, UH, TO GO THROUGH FOR, UH, ALL OF THE, THE, YOU KNOW, JUST NORMAL PATROL OFFICERS ONCE THEY HAD RECEIVED IT, WE WERE NOT PROVIDING, UM, WE WERE NOT PROVIDING THE, UH, ALL OF THE OFFICERS, REGULAR REFRESHERS.
THAT IS A DEFICIENCY THAT WE SAW COMING OUT OF, UH, THIS LAST SUMMER'S ACTIVITIES AND SOMETHING THAT IS GOING TO BE, UM, THAT IS GOING TO BE REMEDIED WITH REGULAR REFRESHERS THAT I, THAT I HAVE MY SRT, UM, PLANNING FOR THAT WE WILL ROLL OUT ANT ON AN ANNUAL BASIS FOR ALL OF OUR PATROL FOLKS, PARTICULARLY.
UM, BUT, UH, BUT YES, AND AS FAR AS THE, LIKE THE ACTUAL NUMBER OF HOURS, I'D HAVE TO GET THAT FOR YOU.
I'M NOT SURE LIKE HOW MANY HOURS THE INITIAL COURSES AND THE REFRESHER IS AND, AND THOSE TYPES OF THINGS.
AMANI, DO YOU MIND IF I JUMP IN HERE WITH A FOLLOW-UP QUESTION ON IT'S ON TOPIC JUST REAL QUICK, UM, DO YOU THINK THAT THAT TRAINING AS IT CURRENTLY IS ACTUALLY ALLOWS OFFICERS TO PROPERLY GAUGE THE NATURE OF A SITUATION? AND IF SO, DO YOU THINK THAT THE OFFICERS DID A GOOD JOB GAUGING THE NATURE OF THE SITUATION THIS PAST SUMMER? I THINK THAT IF, UM, IT, IT WILL ALWAYS BE DRIVEN BY HOW EFFECTIVE, BECAUSE REMEMBER IF WE'RE TALKING ABOUT MOBILE FIELD FORCE, THAT IS OFFICERS GETTING IN FRONT OF INDIVIDUALS OR LARGE GROUPS OF INDIVIDUALS AND ATTEMPTING TO EITHER, UM, YOU KNOW, CONTROL THEM BY PUSHING THEM BACK, UM, OR HOLDING THE LINE WHEREVER THEY ARE, AS THEY TRY TO ADVANCE.
AND IF YOU HAVE AN INSUFFICIENT NUMBER OF OFFICERS COMPARED TO THE SIZE OF THE CROWD, IT CAN BECOME INEFFECTIVE.
AND THAT WAS THE CASE IN MANY, MANY INSTANCES, UM, THIS, THIS PAST, THIS PAST YEAR DURING THE PROTEST, AND WE SAW THAT THE, THE OFFICERS WERE QUICKLY OVERRUN BY THE SIZE OF THE CROWD AND THE AGGRESSIVENESS OF THE CROWD.
UM, I THINK THAT IN, LIKE I SAID, IN MOST TYPICAL SITUATIONS WHERE WE'RE USING OUR TRAINING, IT HAS BEEN VERY EFFECTIVE BECAUSE PEOPLE GENERALLY ARE NOT OUT TO COMMIT VIOLENCE AND COMMIT CRIMES.
THEY'RE THERE TO EXERCISE THE FIRST AMENDMENT RIGHTS.
AND, AND OUR FIRST OBJECTIVE IS TO MAKE SURE THAT THEY'RE ABLE TO DO THAT SAFELY.
AND SO, UM, YOU KNOW, 90 PLUS PERCENT OF THE TIME, UM, WHEN, WHEN WE ARE DOING THAT, WHETHER IT'S AT THE STATE CAPITOL OR SOMEWHERE ELSE, WE CAN DO IT WITHOUT HAVING TO MAKE ARRESTS WITHOUT HAVING TO USE ANY KIND OF FORCE ON ANYONE.
BUT AS I SAID, THE, THE PROTESTS THAT OCCURRED OVER THIS PAST SUMMER WERE VERY DIFFERENT IN NATURE.
AND, UM, THE OFFICERS, DESPITE MANY TIMES THEIR, THEIR BEST EFFORTS TO ENGAGE IN COMMUNICATION WITH, UH, THE FOLKS THAT WERE OUT THERE, UH, JUST DIDN'T HAVE THE OPPORTUNITY BECAUSE, UH, IT, IT DEVOLVED INTO RIOTS AND THEY HAD THINGS THAT WERE BEING THROWN AT THEM.
AND, UH, AND WE HAD, YOU KNOW, WE HAD OFFICERS INJURED.
[00:45:01]
IN MOST CASES IT CAN BE, UH, IT CAN BE EFFECTIVE.WE HAVE SUPERVISION THAT'S OUT THERE, THAT'S ASSESSING THE CROWDS AND IT'S MAKING SURE THAT WE AREN'T PUTTING OUR OFFICERS IN HARMS WAY, BUT, UM, BUT THOSE SITUATIONS WERE SO DYNAMIC AND, AND MANY TIMES CHANGE SO QUICKLY THAT, UH, THAT WE SAW THAT FOR INSTANCE, OUR OFFICERS WERE A RUN AND WE HAD TO PULL THEM BACK.
IF THIS SITUATIONS ARE DYNAMIC AND CHANGE SO RAPIDLY, WOULDN'T THAT IN AND OF ITSELF BE A GOOD ARGUMENT TO NOT USE, UM, UH, CS GAS, WHICH COULD POTENTIALLY HAVE VERY HARMFUL EFFECTS ON THE LIVES OF CIVILIANS, STANDING AROUND.
IF THE SITUATION IS EVOLVING SO RAPIDLY AS TO NOT ALLOW THE OFFICER PROPERLY GAUGE THE NATURE OF THE SITUATION, WOULDN'T THAT BE AN ART, A GOOD ARGUMENT TO COMPLETELY REFRAIN FROM THE USE OF CS GAS? I THINK WHAT YOU'RE SEEING IS POLICY, THAT'S GOING TO LIMIT IT VERY, VERY STRICTLY.
THIS IS NOT SOMETHING THAT WOULD BE DONE ON A WAY MORE BY THAT SLUMP LINE OFFICER, IT'S GOING TO REQUIRE APPROVAL BY THAT COMMANDER WHO IS GOING TO HAVE SITUATIONAL AWARENESS.
SO, UH, IF IT WERE TO BE USED IN A CIRCUMSTANCE LIKE THAT, IT WOULD BE THE CAUSE THIS HAS BEEN SOMETHING THAT'S BEEN GOING ON PROLONGED AND NOT DO NOT SOMETHING THAT'S DYNAMIC, AS FAR AS IT MIGHT CHANGE MOOD.
THAT'S WHY WE'VE WRITTEN THE LANGUAGE THAT WE ASKED.
UM, BECAUSE OF OUR TIME, I WANT TO THANK YOU ALL FOR COMING AND ANSWERING OUR QUESTIONS AND COMMISSIONERS.
IF WE HAVE FOLLOW UP QUESTIONS, WE WILL DEFINITELY, UM, SEND THEM OUT, BUT I
[2a. Office of Police Oversight Recommendations on APD General Orders]
WANT TO MOVE TO THE OFFICE OF POLICE OVERSIGHT AND THEIR RECOMMENDATIONS, UM, AND GIVE THEM TIME TO BE ABLE TO PRESENT AND FOR US TO ASK QUESTIONS AS WELL.SO THANK YOU ALL FOR COMING, AND WE REALLY APPRECIATE YOUR TIME.
UM, WE'D LOVE TO GET STARTED WITH YOUR PRESENTATION.
WE TOUCH TO REJOIN AND WE CUT OUT AND I DIDN'T HEAR, I BELIEVE FARRAH HAS TO GIVE SOME OPENING COMMENTS.
FAIR MUST GET IN DIRECTOR OF THE OFFICE OF POLICE OVERSIGHT.
THANK YOU FOR, UM, GIVING US AN OPPORTUNITY TO, UM, PRESENT.
UM, AS YOU KNOW, OBVIOUSLY RESOLUTION 95 WAS PASSED LAST SUMMER BY COUNCIL AS A RESPONSE TO THE SUMMER PROTEST.
UM, THE, UM, THE PROPOSED PD POLICY CHANGES WERE SENT TO US BY COUNCIL, UM, AND ASKED US TO, UM, WEIGH IN ON, UM, THE PROPOSED CHANGES.
AND SO I'M SORRY, MY, MY, MY DOG IS WHINING.
I APOLOGIZE IF YOU HEAR HIM IN THE BACK.
UM, BUT WE TOOK, UM, WE WANTED TO TAKE A DEEPER DIVE, UM, INTO THE POLICIES AND, UM, OBVIOUSLY, YOU KNOW, WE HAVE GROWN OUR POLICY ARM.
AND SO PART OF THAT DEEPER DIVE IS LOOKING IN, DOING MORE RESEARCH ON THE, ON THE RESPECT OF POLICIES, LOOKING AT WHAT CITIES ARE DOING, COMPARABLE CITIES.
WE ALWAYS LOOK AT CITIES IN, IN TEXAS.
UM, UH, PARTICULARLY YOU'LL HEAR FROM STAFF ABOUT, UM, DALLAS HAS A REALLY GOOD, UM, POLICY ON FACIAL RECOGNITION.
AND SO WE THINK IT'S IMPORTANT BECAUSE, UM, AS WE'RE LOOKING AT, YOU KNOW, KIND OF THE POLICIES THAT NOT ONLY IMPACT THE COMMUNITY, BUT ALSO ENSURING THAT WE HAVE THE BEST POSSIBLE POLICIES THAT ARE OUT THERE FOR OUR POLICE DEPARTMENT.
SO, UM, AS MUCH AS I'M SURE YOU GUYS WOULD LOVE TO HEAR FROM ME, I AM GOING TO TRANSITION IT TO MY AMAZING STAFF WHO HAVE DONE SO MUCH WORK ON THESE, UM, RESOLUTIONS OR NOT ON THE RESOLUTIONS, BUT ALSO ON THESE POLICIES AND THEY ARE GOING TO PRESENT THEM TO YOU.
SO, UM, YOU'VE HEARD BEFORE FROM ADI BEFORE ANI, MICHELLE EVANS IS OUR POLICY AND COLIN GAITAN JOINED US, UM, RECENTLY AND HAS DONE A LOT OF THE LEGWORK ON THIS RESEARCH.
UM, AND HE IS OUR LEGAL PROGRAM SPECIALIST.
SO YOU WILL BE HEARING FROM THEM AND I WILL BE BACK TO ANSWER ANY QUESTIONS THAT, THAT I CAN, BUT I, I JUST WANT TO SAY I'M REALLY PROUD OF THEIR WORK.
IT IS VERY, UM, DETAILED AND EXTENSIVE.
AND, UM, WE REALLY JUST WANTED TO MAKE SURE THAT NOT ONLY THE LANGUAGE IN THE RESOLUTION COMES THROUGH IN THE PROPOSED POLICIES, BUT ALSO THE SPIRIT AND THE INTENT OF IT.
SO I WILL TURN IT OVER TO THEM.
THANK YOU AGAIN, CONDITIONERS.
I THINK THE PRESENTATION IS AWESOME.
UM, SO GOOD EVENING COMMISSIONERS AND, UH, CHAIRPERSON FEE.
I'M A FAIR, SAID MY NAME IS ADI MICHELLE EVANS.
[00:50:02]
JOIN WITH ME TONIGHT, UM, AS WELL FROM THE OPO POLICY TEAM.SO, UM, WE'RE HERE TONIGHT TO TALK YOU THROUGH OPSB PRELIMINARY ANALYSIS OF THE PROPOSED REVISIONS TO THESE PROTEST RELATED POLICIES THAT APD JUST WENT OVER.
UM, WE'RE NOT GOING TO TALK ABOUT CHUBB COLTS.
THAT'S SOMETHING THAT WE ALREADY COVERED IN THE WEIGHT ANALYSIS, WHICH I THINK WE MIGHT BE TALKING TO YOU ABOUT SEPARATELY AT ANOTHER TIME.
UM, AND ALSO WE WERE, WE'RE HERE TO DISCUSS PROPOSED POLICIES AND AS, UM, THE DEPARTMENT SAID, WHEN THEY GAVE THEIR PRESENTATION, THE CHOKE HOLD POLICY POLICIES ALREADY IN PLACE.
SO, UM, WITH THAT BEING SAID, I WANT TO JUST, IF WE HAVE THE NEXT SLIDE, PLEASE, THANK YOU.
JUST GIVE A BRIEF OVERVIEW OF WHAT TO EXPECT FROM THIS PRESENTATION.
SO I'LL GIVE A LITTLE BIT OF INTRODUCTION AND BACKGROUND, AND THEN COLIN WILL WALK US THROUGH DISCUSSION AND MORE DETAIL OF OPIODS ANALYSIS AND OUR PROPOSED REVISIONS THAT I'LL COME BACK WITH RECOMMENDATIONS.
AND AS FERRIS SAID, UM, WE'LL AND THINGS WITH TAKING QUESTIONS FROM YOU ALL, UM, ABOUT ANYTHING WE'VE PRESENTED ON.
SO, UM, AS I MENTIONED, WE'RE TALKING TO YOU ABOUT FIVE PROTEST RELATED POLICIES, AND WE SAY PROTEST RELATED BECAUSE IT'S FAIR MENTIONED, UM, THESE ARE POLICIES THAT ARE DIRECTLY MENTIONED IN RESOLUTION 95, WHICH IS ONE OF A SERIES OF RESOLUTIONS THAT COUNCIL PASSED IN JUNE, UM, IN RESPONSE TO THE PROTESTS, UM, STEMMING FROM, UM, OUR, AS A REACTION TO THE KILLING OF GEORGE FLOYD AND OTHER, UM, BLACK PEOPLE AND PEOPLE OF COLOR LAST SUMMER.
AND, UM, SO IN DIRECT RESPONSE TO THOSE PROTESTS, BUT ALSO IN RESPONSE TO COMMUNITY CONCERNS THAT STEMMED FROM THOSE PROTESTS AND THAT WERE AT THE CENTER OF THE PROTESTS.
UM, AND SO AS, UM, YOU SAW IN EPDS PRESENTATION, WE'RE GOING TO BE TALKING ABOUT CS GAS TEAR, WHICH IS ALSO KNOWN AS TEAR GAS, EL RAD MILITARY EQUIPMENT, NO-KNOCK WARRANTS AND FACIAL RECOGNITION TECHNOLOGY.
AND SO JUST AS A PRELIMINARY MATTER, UM, OUR ANALYSIS, UH, REVEALED THAT IN FOUR OUT OF FIVE OF THESE POLICY AREAS, APDS REVISIONS DID NOT ALIGN WITH THE CITY OF AUSTIN'S POSITION.
UM, AND IN SOME CASES CONTRADICTED THE CITY OF AUSTIN'S POSITION.
SO WITH THAT, I WILL HAND IT OVER TO COLIN TO GO INTO A LITTLE BIT DEEPER EXPLANATION, AND THEN WE'LL BE BACK FOR RECOMMENDATIONS.
SO AS CHIEF MANLEY ENDED WITH A TEAR GAS, WE'LL START THERE, UM, RESOLUTION 95, UH, AS THE PLANE, AS THE TEXT SAYS ON THIS SLIDE IS THIS THAT, UH, CS GAS IS STRICTLY PROHIBITED.
AND SO IF WE KNEW MOVE TO THE NEXT SLIDE, WE'LL SEE BRIEFLY WHAT THE, UH, WHAT APDS PROPOSED REVISIONS ARE TO THE, UH, THE GENERAL ORDER AREA THAT THEY'VE TALKED ABOUT.
SO HERE, YOU'LL SEE, IT'S AN ADDITION TO THE APPROVED CONTROLLED DEVICES, UM, UH, SECTION OF THE GENERAL ORDERS, UM, AND ALSO WHAT YOU'LL NOTICE.
UH, AND WE'LL JUST MOVE ON TO THE NEXT SLIDE BECAUSE, UM, CHIEF MANLEY DID SUCH A GOOD JOB SETTING UP MOST OF THE MOST OF THEIR, UH, REVISIONS.
WHAT YOU'LL NOTICE IS THAT, UH, THIS IS IN FACT NOT A, IF YOU'LL JUST MOVE TO THE NEXT SLIDE, I'M SORRY.
UH, W WHAT YOU'LL NOTICE IMMEDIATELY IS THAT, UH, THE PROPOSED REVISIONS IS NOT A BAN ON THE USE OF TEAR GAS, RATHER, IT'S, IT'S A, IT'S A POLICY THAT PERMITS IT UNDER CERTAIN CONDITIONS.
UM, ALTHOUGH IT DOES PROHIBIT IT, UH, AGAINST PEOPLE SOLELY EXERCISING THEIR FIRST AMENDMENT RIGHTS TO ASSEMBLE AND PROTEST.
UM, IT SEEMS AS IF, UH, THERE, THERE ARE CASES IN WHICH, UM, THE, THE IT'S, IT'S NOT NECESSARILY THE CASE THAT ANY TIME SOMEONE'S EXERCISING THEIR RIGHT TO PROTEST OR ASSEMBLE, UM, THAT THEY WOULD BE, UH, UH, COMPLYING WITH THE LAW.
AND IN FACT, CIVIL DISOBEDIENCE, WHICH IS A NON-VIOLENT VIOLATION OF THE LAW TYPICALLY INCLUDES VIOLATIONS AND TRAFFIC LAWS, AS WELL AS, UM, OTHER SORTS OF LAWS THAT, THAT, UH, TYPICALLY ARE ADHERED TO.
AND AN EXAMPLE OF THIS WAS, UM, THE PROTEST ON NINE 35 IN WHICH PEOPLE, UH, KNELT ON
AND UNDER THIS POLICY, THAT WOULD STILL ESSENTIALLY BE THE SAME, BECAUSE IN ESSENCE, AS COMMISSIONER, UM, CANNOLI AND CHAIRPERSON SEE POINTED OUT THE DISCRETION HERE IS KEY.
AND SO THE DISCRETION, UH, CONTINUES TO BE, UH, WITHIN COMMAND STAFF.
ALTHOUGH THERE ARE EXAMPLES HERE AS TO WHEN A CIVIL EXTREME CASES OF CIVIL UNREST WOULD OCCUR, OR INSTANCES OF SERIOUS BODILY INJURY TO WHERE IT WOULD BE APPROPRIATE TO UTILIZE THIS, THIS, UH, TEAR GAS.
IT'S, THOSE ARE JUST EXAMPLES.
THEY'RE NOT LIVING IN PRINCIPLES.
AND, UM, SO FAR WE HAVEN'T SEEN ANY LIMITING PRINCIPLES AS IT RELATES TO THIS POLICY, BUT REGARDLESS IT'S NOT A BAN ON THE USE OF TEAR GAS.
AND SO IT DOESN'T COMPLY THOSE SOLUTION 95.
UH, IF WE MOVE TO THE NEXT SLIDE, WHEN WE MOVING TO, UH,
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OUR, OUR PROPOSAL REVISION HERE, WHICH IS JUST, UH, PROVIDING LANGUAGE THAT ESSENTIALLY SAYS THAT, UH, OFFICERS ARE STRICTLY PROHIBITED IN USING TEAR GAS.WHAT ABOUT EL RAD LONG-RANGE ACOUSTICAL DEVICES, WHICH CHIEF FAMILY HAD ALREADY DISCUSSED IS, IS ESSENTIALLY A TECHNOLOGY DEVELOPED BY THE MILITARY THAT HAS TWO FUNCTIONS.
ONE IS TO COMMUNICATE OVER LONG DISTANCES.
AND THE OTHER IS TO BE USED AS ESSENTIALLY A SONIC WEAPON TO DISPERSE POTENTIAL THREATS, RESOLUTION 95, PROHIBITS THE USE FOR THE, FOR THE FUNCTION OF USE AS L RAD AS A SONIC WEAPON.
AND IF WE'LL MOVE TO THE NEXT, WHY WE'LL SEE THAT, UM, THE PROPOSED REVISION, UH, BY APD IS TO TWO SEPARATE PARTS PORTIONS OF THIS GENERAL ORDER.
ONE IS PEN COMPLIANCE TECHNIQUES, AND, UH, THE OTHER, UM, IS, UM, IS CROWD EVENTS AND GATHERINGS.
UM, HERE, THE LANGUAGE IS GOING TO BE THE SAME IN BOTH IN, IN BOTH, UM, UH, PROVISION GENERAL ORDER PROVISIONS, AND ESSENTIALLY IT PROHIBITS THE USE AS A SONIC WEAPON.
SO IF WE MOVE TO THE NEXT SLIDE, YOU'LL SEE THAT IT DOES COMPLY IN THE SENSE THAT, UM, EL RAD IS USED AS KEY FOR COMMUNICATION PURPOSES ONLY HOWEVER, UM, M L RAD UNDER THE DEFINITION IN RESOLUTION FIVE THAT PERTAINS TO MILITARY EQUIPMENT MEETS THAT DEFINITION.
AND SO, UM, HERE, IT WOULD NEED TO HAVE SOME LIMP, IT WOULD NEED TO HAVE SOME LANGUAGE, UH, ACKNOWLEDGING THAT PIECE OF OUR SOLUTION 95 HERE, BECAUSE MILITARY EQUIPMENT IS GOVERNED BY, UH, UNDER CITY POLICY BY THAT PIECE OF THE RESOLUTION.
SO IF YOU'RE GO TO THE NEXT SLIDE, YOU'LL SEE, UM, OPO IS PROPOSED VISION, WHICH IS INCORPORATING THE LANGUAGE, UM, AS, AS APPLIED BY, UM, THE AUSTIN POLICE DEPARTMENT AND ITS UPDATE, BUT ADDING A PROVISION HERE, THAT'S HIGHLIGHTED THAT SAYS THE POSSESSION, A FUTURE ACQUISITION OF ANY EL RAD EQUIPMENT MUST BE APPROVED BY AUSTIN CITY COUNCIL.
AND IF WE MOVE TO THE NEXT SLIDE, YOU WILL SEE THAT THIS THE SAME PROVISIONS APPLY TO CROWDS, EVENTS, AND GATHERINGS.
AND IF WE MOVE TO THE NEXT SLIDE, UM, THE SAME ISSUE, UH, COMES UP AND THEN THE NEXT SLIDE, YOU'LL SEE
UM, AND THEN NOW WE'LL MOVE ON TO THE NEXT SLIDE OF OUR DISCUSSION OF MILITARY EQUIPMENT.
THERE'S A BIT MORE TO RESOLUTION 95 AND ITS POLICY ON MILITARY EQUIPMENT THEN AS PRESENTED BY THE AUSTIN POLICE DEPARTMENT, BECAUSE MILITARY EQUIPMENT IS ACTUALLY DEFINED, UM, IN, IN RESOLUTION 95.
AND IT'S DEFINED ESSENTIALLY AS LIKE THIS MILITARY EQUIPMENT, IS ANY EQUIPMENT, ANY EQUIPMENT DESCRIBED AS MILITARY GRADE SURPLUS TESTED OR ANY OTHER SIMILAR LANGUAGE SUGGESTING IT IS INTENDED FOR MILITARY USE, AND ANY OF THIS EQUIPMENT CAN'T BE PURCHASED OR ACQUIRED WITHOUT PRIOR APPROVAL BY COUNCIL.
AND MOREOVER IT DIRECTS THE CITY MANAGER TO INVENTORY ALL OF MILITARY EQUIPMENT AND RECOMMEND TO THE CITY COUNCIL, WHAT BE DISPOSED OF OR RETURNED.
UM, SO IF WE'LL MOVE TO THE NEXT SLIDE, YOU'LL SEE THE PROPOSED LANGUAGE, UM, FROM APD, WHICH IS LIMITED ONLY TO LISA MILITARY EQUIPMENT, UM, THEY'RE, THEY PROPOSE AS, AS CHIEF MANLEY HAD STATED, UH, UH, A LIST OF GENERAL EQUIPMENT REGULARLY OBTAINED TO THE RESALE PROGRAM TO THE CITY MANAGER'S OFFICE, AND THEN ANYTHING THAT'S NOT ON THAT LIST, IT WOULD BE REQUESTED BY MEMO.
IF WE'LL GO TO THE NEXT SLIDE, WE'LL DO A QUICK ANALYSIS HERE.
SO IT'S TOO NARROW AS IT RELATES TO RESOLUTION 95 AND PART BECAUSE MILITARY EQUIPMENT IS BROADLY DEFINED HERE, IT INCLUDES THINGS THAT AREN'T JUST ON THESE.
SO IT INCLUDES THINGS THAT ARE, THAT HA THAT MEET THE DEFINITION AS STATED UNDER RESOLUTIONARY REV, UH, RESOLUTION 95.
THE SECOND THING IS THAT, UM, CITY COUNCIL ACTUALLY CONTROLS THE PURCHASER ACQUISITION, UM, AND, AND APPROVAL PROCESS, UM, NOT THE CITY MANAGER, UM, AS, AS IT STATED IN RESOLUTION 95.
AND THERE'S NO, THERE'S NO MENTION OF A MECHANISM TO PROVIDE THE CURRENT INVENTORY, UH, TO THE CITY MANAGER FOR PURPOSES OF BRINGING THAT FOR REVIEW AND TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL.
SO IF WE GO TO THE NEXT SLIDE, SEE, UM, THAT WE PROPOSE, UH, IN THIS SUBSECTION H THAT LISO IS STRICKEN FROM MILITARY, AND IT'S JUST MILITARY EQUIPMENT.
AND HERE WE, UH, THE HIGHLIGHTED PORTIONS OF THE, UH, INCORPORATED LANGUAGE FROM RESOLUTION 95, WHICH ESSENTIALLY PROVIDES THE DEFINITION OF WHAT MILITARY EQUIPMENT IS IT PROVIDES, UH, THE, THE LIMITING PRINCIPLE AS A MATTER OF POLICY, UH, UH, RELATED TO HOW APD CAN GO ABOUT PURCHASING OR ACQUIRING ADDITIONAL, UM, MILITARY EQUIPMENT, AS WELL AS, UM, AN INVENTORY THAT SHALL BE PROVIDED TO THE CITY MANAGER.
SO IT PROVIDES A MECHANISM FOR THAT.
AND THEN SUBSECTION FOUR HERE ALSO
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TALKS ABOUT ONGOING TRAINING FOR ANY OF THE, FOR ANY OF THE, UM, MATERIALS FROM THE LEASE SELL PROGRAM.