Berkeley City Council Special Meeting on Police Accountability Triennial Report - May 14, 2024

The Berkeley City Council held a special meeting on May 14, 2024, at 4:30 p.m. (local time) to receive the triennial report from the Police Accountability Board (PAB) and the Office of the Director of Police Accountability (ODPA), covering activities from July 2021 through December 2023. The meeting featured a presentation by Director Aguilar and Policy Analyst Jose Murillo, followed by public comment and councilmember questions. No formal votes were taken; the report was received for informational purposes.

Public Comments & Testimony

• Nathan Mizell (former Vice Chair of the PAB) expressed concern that the city manager agreed with the police chief 100% of the time in cases where the PAB sustained allegations, undermining public trust. He urged the council to consider this when hiring a new city manager.
• Kit Saginore highlighted disparities in policing data and called for the city to develop a comprehensive theory of change linking disparities to socioeconomic inequities, institutional practices, and bias, rather than leaving that work solely to a subcommittee.
• Kelly Hamigren criticized the meeting's procedural delays—the meeting started late and the live captioning was not working for most of the presentation—and urged better setup.
• Eva emphasized the historical connection between policing abuses against Asian Americans and current disparities, and urged attention to civil rights for all communities.

Discussion Items

• Presentation of the Triennial Report: Director Aguilar and Mr. Murillo presented an overview of the PAB/ODPA’s structure, activities, and findings. Key points included:
  • Staffing: The ODPA has 4 of 6 allocated staff positions filled, with two offers extended.
  • Board Composition: The PAB has 7 of 9 seats filled, chaired by John Chipmore.
  • Complaints: 52 total personnel complaints received (30 closed by Dec. 31, 2023, with 152 allegations). Policy complaints increased from 1 in 2021 to 9 in 2023.
  • Stops Data: 12,914 total stops (2021–2023): 34.4% white, 32.45% Black or African American, 15.97% Hispanic/Latino. Downtown area had the highest concentration.
  • Use of Force: 894 incidents; 47.04% involved Black subjects, 23.46% white, 16.23% Hispanic/Latino. Two officer-involved shootings occurred in 2023, with one under ODPA investigation pending DA completion.
  • Disposition Discrepancy: The PAB recommended 21 allegations as sustained, but the Berkeley Police Department (BPD) sustained only 4. The city manager agreed with the chief 100% of the time in such cases.
  • Barriers: Limited access to BPD records (e.g., body-worn camera footage) and a 120-day investigation timeline were cited as obstacles.
• Councilmember Questions:
  • Councilmember Bartlett asked about the racist text-messaging incident; Director Aguilar stated a PAB subcommittee report is forthcoming, delayed by access issues. Bartlett also noted the need for more focus on disagreements between PAB and BPD.
  • Councilmember Humbert questioned the discrepancy between the report’s figure of 67 complaints and the text’s 52; the director promised to clarify. Humbert also challenged the phrase “rigorous evidentiary standards” for not sustaining allegations, suggesting lack of merit as an alternative. He requested inclusion of BPD’s “veil of darkness” test and discretionary yield rate in future reports.
  • Councilmember Hahn praised the oversight system and supported adjustments to strengthen the PAB. She suggested more community engagement outside meetings and flagged overburdening of board volunteers.
  • Councilmember Taplin asked about board member training (none had completed mandatory training); the director described an onboarding curriculum. She also requested definitions of “discourtesy,” “improper procedure,” and “improper investigation.”
  • Councilmember Lunapara raised concerns about public trust, noting that the city manager’s 100% agreement with the chief may discourage complaints. She also asked about the difficulty accessing records, which the director confirmed.
  • Mayor Arreguín noted a charter flaw: the PAB only reviews policies 30 days before implementation, not in development. He advocated for a charter amendment to give the board a proactive role. He also emphasized the need for dedicated community engagement staff.

Key Outcomes

• The council received the triennial report without a vote. No formal action was taken.
• The director committed to providing clarifications on the complaint number discrepancy and to incorporating more detailed stop-data analyses (e.g., non-resident stops, veil of darkness) in future reports.
• The mayor indicated that a charter amendment may be needed to align the PAB’s policy review role with the original intent of the 2020 voter-approved measure.