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and advised there is concern regarding the lack of clarity in the language. He advised staff recommends support with amendments. He recommends staff change their position from support to watch on AB 1506 as it was amended recently to require the Department of Justice (DOJ) to investigate officer-involved shootings and allows for the state to bill the local municipality for the work done by the DOJ. Lastly, he reported AB 1709 would expand the Use of Force legislation that was enacted under AB 392 (Weber) and noted it undermines the work that was done last year under AB 392. He advised staff recommends opposing the bill. Chief Swing reported on Policing - Employment Practices bills which include AB 1299 (Salas), SB 731 (Bradford), and SB 776 (Skinner). He reported AB 1299 would require agencies that employ police officers to notify the Commission of Peace Officer Standards and Training post when an officer separates from employment and to include the details of the termination or resignation in-lieu of termination if the officer leaves the agency and staff recommends supporting the bill. He reported SB 731 would provide that any threat or intimidation or coercion under the Tom Bain Civil Rights Act would be inherent in any interference with a civil right and would describe intentional acts for these purposes. He noted staff recommends opposing the bill unless amended. Lastly, he reported SB 776 would expand the disclosure that was initially met under SB 1421 (Skinner). He noted staff recommends opposing the bill unless amended and added it will be costly to implement and could be overly punitive. Chief Swing reported on Policing — Federal Reform and noted there are two tracks of federal legislation, one of which is to regulate what is defined as a chokehold and a control hold and the other is a database for law enforcement to publish and release a data of excessive force. He believes those bills will move forward after the election. In response to Councilmember Brown's inquiries, Chief Swing clarified he used his review of legislation along with information from the California Police Chiefs Association to guide his recommendations, explained the PPDs complaint retention policy is five-years and clarified he would like to have individuals with an intimate understanding of law enforcement be on the panel for decertifying a peace officer. City Manager Fialho clarified all police officers are required to have Peace Officer's Standards and Training (P.O.S.T.) certification from the state and a decertification would require a review body at the state level to determine whether or not the officer retains certification. In response to Councilmember Brown's inquiry. Chief Swing explained if an officer was unable to perform the essential functions of the job, they would not go through the decertification process. He further explained decertification would be for certain law violations such as acts of dishonesty, serious acts of misconduct, and gross misconduct. In response to Councilmember Narum's inquiry, Chief Swing explained he could support AB 1196 if the language around positional asphyxia were clarified to provide a better understanding of when an officer would violate the bill. He also explained there were currently no consequences for violations in the language of the bill and the chokehold has not been allowed by PPD since the 1990s. Lastly, he advised the use of the carotid restraint has been suspended and if used, would result in an internal investigation and potential discipline. In response to Councilmember Pentin's inquiry, Chief Swing clarified he changed his position from support to watch on AB 1506 because the bill requires the DOJ to complete an investigation for officer- involved incidents and he believes there is a timeliness issue about their response and potential for uncontrolled costs. He further explained when an officer-involved incident takes place, the PPD, the Alameda County District Attorney's Office, and an Administrative Investigation by the PPD all take place in parallel. He confirmed that if the legislation were to create an opportunity to expand the role of the DOJ with the option for an agency to call them for assistance, he would support the bill. City Council Minutes Page 11 of 14 August 18, 2020