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concluded the outcomes are ineffective and noted the Foundation for Recovery Network reached the same conclusion. In response to Councilmember Testa's inquiry, Chief Swing responded that AB 392 updated state law relative to what is known in the profession as a fleeing felon doctrine. He says that Penal Code 96 was first enacted over 100 years ago and had not been updated until AB 392 aligned it with the U.S. Supreme Court's Tennessee v. Garner decision. He says that their policy will reflect updates from Lexipol to align it with AB 392. Lieutenant Stocking advised the policy section has a significant qualifier of"if the officer believes that the person will cause death or bodily injury to another unless immediately apprehended." He also advised it is based on the Tennessee v. Garner case law and states there are situations where the use of force against a fleeing suspect is reasonable. Councilmember Testa expressed concern regarding the policy and will ask the community to weigh in. She commented that she expected more coverage for tasers, body cams, and crisis intervention and feels the eight policy sections are too limited. She requested City Manager Fialho to continue review to the September 17th meeting to cover more topics. City Manager Fialho commented that today's meeting covered what needed to be addressed as the eight policies are identified. He advised his opening comments set the expectations of the City Council and the community for a road map that can be as short or as long as desired. He advised the Action Plan identified two dates with two agendas and nothing limits Councilmember Testa's ability to make the discussion more expansive over time to schedule another meeting. He adds that regarding tasers specifically, the matter was continued until they could have a substantive discussion on police reform. That landed on this work plan and the new tasers were not purchased. He says it is possible to bring her both the contract for purchase and the policy for better understanding and possibly a more meaningful discussion on the policy. In response to Councilmember Testa's inquiry, Chief Swing advised consequences for violations are not specified in the policy because each situation is unique due to mitigating factors, and the community is better served with the flexibility to determine the appropriate discipline for the violation. City Manager Fialho advised the City's contract with the PPOA includes a section on discipline that identifies penalties and states violations are subject to progressive punishment up to and including termination. He noted the recommendation for punishment is determined by the investigation into the incident. Councilmember Testa requested a copy of the policy. In response to Councilmember Testa's inquiry, Chief Swing reported his recommendations were imposed by the City Manager who is overseen by the City Council. He also reported external consultation was provided by Lexipol and the PPOA. Councilmember Testa expressed concern that PPD is not collaborating with community members to develop policies and strategies. In response to Councilmember Testa's inquiry, Chief Swing explained his understanding of working with the CAHOOTS or CATT programs is that the dispatcher can coordinate a team without dispatching a police officer. He advised an officer can be dispatched if requested but the initial response is separate from the police department. He explained the PERT model pairs a non-uniformed police officer with a clinician, so it offers both the commitment of an officer but also the safety of an officer on site. In response to Councilmember Narum's inquiry, Sergeant Albert advised that when an internal investigation is launched the officer is entitled to representation. He advised PPOA provides their members access to lawyers for their defense in accordance with the Police Officers' Bill of Rights Act. Additionally, he advised a grievance to an internal investigation goes directly to the City Manager and an outside arbitrator if needed. City Manager Fialho added that cases of demotion and termination are grounds for an officer to grieve the case to an outside arbitrator by state law. City Council Minutes Page 6 of 12 August 20,2020