CCMIN 09072021 - Laserfiche WebLink

In response to Councilmember Testa, Chief Swing reported an Early Intervention System uses a complex set of factors to determine if there are at -risk behaviors or high-risk events that have occurred with officers for closer review by either the officers' Lieutenant or Captain. He advised it simply alerts someone in a position of leadership to take a closer look and make sure that the officer is not at risk for other potential concerns larger than what was flagged. Councilmember Testa expressed concern with the increasing trend of gun -related incidents. Chief Swing clarified that concealed carry permits go through the Alameda County Sheriffs Office. The Sheriffs Office provides a list annually of residents who have been issued a concealed weapons permit. He reported the gun incidents are not just local to Pleasanton but are being seen through the Tri -Valley, County, and the State. He noted guns used in crimes are not typically registered to the person who is possessing them. Councilmember Testa requested an update on SROs. City Manager Fialho advised the direction thus far has been to put together a Memorandum of Understanding (MOU) between PUSD and the City that gives more clarity and boundaries on the deployment of SROs on campuses. He advised the consensus is that SROs are an asset worth continuing in Pleasanton's schools. The MOU is still being developed and is making its way through the School District Liaison Committee and is scheduled for the next meeting in September to discuss its adoption. In response to Councilmember Testa, City Manager Fialho explained the context of the discussion in October was regarding City Council's connection with and oversight of the Pleasanton Police Department moving forward. The City Council may be looking for more information on a semi- annual basis. He noted there will be opportunities for discussions regarding various policies that the department is responsible for administering. Lastly, he advised if City Council wants to hear something more specific it can be brought forward in March or one of the subsequent meetings. Councilmember Testa inquired as to what was legally allowable for the City Council in terms of civilian citizen complaints. She noted City Attorney Sodergren advised it would not be legal for the City to see names or personal information. She reported the City of Palo Alto has that information posted on their website so she does not believe it to be illegal. City Attorney Sodergren reported that generally investigations into police officer activity, whether they are administrative investigations or investigations into citizen complaints are strictly confidential and cannot be released to the public or the City Council. There are certain exceptions under new provisions of State law where the City does have to disclose records of incidents involving the discharge of a firearm, incidents resulting in death or great bodily injury, or incidents resulting in a sustained finding of sexual assault on a member of the public. PPD keeps records of those incidents on its website for the public to view as aggregated numbers. He has not looked at Palo Alto's website, but the Palo Alto contract has specific safeguards where an independent consultant conducts a review to ensure no confidential records are released in their reports. Councilmember Testa advised Palo Alto provides a summary of cases and a review by the independent auditor and requested an explanation of why providing that information is illegal. City Manager Fialho clarified that a police auditor will review the information and either validate the information or note where there are material deficiencies. An auditor will not share personnel records but will take the aggregate data and validate if internal investigations were handled appropriately and if not, recommend areas for improvement. Communication under the Palo Alto model occurs directly with the Police Chief and the City Manager because it may involve discipline. The aggregated information is shared with the City Council. He explained there is a distinction between adhering to operational standards and the outcomes of personnel investigations as the auditor will focus mostly on operational standards. Councilmember Testa stated it would be appreciated if the City Council could get that kind of reporting. City Council Minutes Page 8 of 16 September 7, 2021