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enforcement agencies. He noted PPD diligently researches City policies before incorporating them into its own with PPD's policies more likely to be above the Lexipol threshold. Chief Swing reported use of force reform is continuous within the department. He cited AB 392 which added new requirements for an officer's use of deadly force in relation to the national standard established by the U.S. Supreme Court in Graham v. Connor. He advised use of force incidents are reviewed by all levels of the PPD and reported in 2019 only 0.4% of all calls involved the use of force. He noted of the 37 total incidents, 28 used the lowest level of force. Additionally, he advised all incidents are reviewed extensively and a recommendation from the Police Chief can raise the level of discipline for the officer. He also noted incidents of deadly force are investigated in partnership with the Alameda County District Attorney. Chief Swing presented eight key policy areas for review which include chokeholds, shooting at moving vehicles, de-escalation training and practice, exhausting all alternatives, requiring a warning before shooting, comprehensive reporting, duty to intercede, and the use of force continuum. Chief Swing reported chokeholds have been banned since the 1990s and carotid restraint has been suspended since June 10, 2020, pending the status of AB 1196. He recommends suspending comparable restraints until the state law is settled as they are seldom used by PPD. On shooting at moving vehicles, Chief Swing said they looked at recent examples and training to avoid the inherently dangerous practice of shooting at moving vehicles. He reported examples show that the training is working, however, citing personal experience from an incident at last year's Gilroy Garlic Festival, he stated that sometimes it is a necessary option; and recommended no policy changes, inclusive of banning the action, because the tool may be needed. Chief Swing advised de-escalation has been in practice long before it became a national topic and using a less-forceful controlling method, like handcuffs, is reinforced in multiple training environments. He noted de-escalation comes with the caveat that it requires ability and cooperation which may not come from someone under the influence of alcohol or a controlled substance, or in acute mental distress, for example. His recommendation is to increase training and change policy language for officers to consider alternative tactics and de-escalation when feasible. He acknowledges it is not a one-time mindset training but something which must be done consistently for the long haul. Chief Swing reported a recommended policy change to add language that officers consider action that may decrease the need for force and evaluate tactics that may result in voluntary compliance without using force. He noted pursuing reasonable alternatives when feasible is aligned with current legislation under AB392 and is best practice in the profession. Chief Swing reported warning before shooting is required, where feasible, for fleeing felons and is like other types of force such as a taser or police canine. He further explained the feasibility is relevant because not all situations allow time for a warning. He advised officers are trained to provide a warning to gain compliance without using force and there are situations where it has proven to work. He recommends applying the existing warning to fleeing felons to all applications of lethal force. Chief Swing reported current policy requires documentation and supervisor notification and any use of force is extensively reviewed at both the supervisory and command levels. He recommends strengthening the policy to reflect their practice and implementing a use of force tracking and early warning system to make sure the officer's behavior aligns with departmental training. Chief Swing reported duty to intercede in an application of excessive force is a moral obligation and the expectation is reinforced in scenario-based training and briefings. He recommends amending the policy to state officers "shall" (instead of "should") promptly report observations of excessive force to a City Council Minutes Page 3 of 12 August 20, 2020