Berkeley City Council Special Meeting: 2024 Police Accountability Board Annual Report – November 18, 2025
Berkeley City Council Special Meeting: 2024 Police Accountability Board Annual Report Presentation
On November 18, 2025, the Berkeley City Council held a special meeting to receive and discuss the 2024 Annual Report from the Police Accountability Board (PAB) and the Office of the Director of Police Accountability (ODPA). The presentation covered complaint data, policy work, stop and use-of-force trends, and operational challenges. No formal votes were taken.
Public Comments & Testimony
- Carol: Expressed concerns about the proposed vexatious complainant policy, warning it could deter valid complaints from persons with mental health issues or others. She also questioned whether complaints against a particular Black resident were based on bias.
- Maria: Thanked the council and oversight bodies for their work, praised an instance of de-escalation by a Berkeley police officer, and urged the city to avoid excessive surveillance and drones, advocating for community care over policing.
- Leah Wilson (Vice Chair, PAB): Commented online, emphasizing that Appendix One of the Fair & Impartial Policing (FIP) report details concerns with the at-fault collision, yield rate, and veil of darkness tests. She encouraged the council to establish joint metrics for both the PAB and BPD.
Discussion Items
- Presentation by ODPA and PAB: Director Hansu Aguilar, Chair Joshua Caetano, and Policy Analyst Jose Murillo presented the 2024 annual report. Key points included:
- 53 complaints received, leading to 459 allegations; 51 complaints were closed. Of 97 allegations reviewed by the chief, 6 were sustained (16.67% agreement with PAB findings). Seven disagreements were elevated to the city manager, who sustained 3 (42.86% agreement rate).
- 4,773 stops in 2024, with racial disparities persisting. Use-of-force incidents: 294 total, with Black/African American individuals involved in 57.83% of incidents.
- Policy work: the PAB used subpoena power for the first time on the texting offenses report, contributed to the FIP report (resulting in an early intervention system), engaged in prolonged regulation negotiations, and revised BPD vehicle pursuit policy (recommending a deadly-force standard for forcible intervention techniques).
- Challenges: incomplete charter implementation, scope disputes, understaffing, IT delays (e.g., no shared drive access), and lack of dedicated board staff. Recommendations included finalizing regulations, addressing racial disparities, enhancing community engagement, and strengthening oversight of surveillance.
- Council Questions and Discussion:
- Councilmember Lunapara asked about PAB involvement in BPD policy and the distinction between internal/external complaints. Chair Caetano explained the board can initiate reviews; BPD handles internal complaints separately.
- Councilmember Blackaby discussed low sustained complaint rates (6%) and suggested triage mechanisms (e.g., vexatious complainant regulation, direct body-worn camera access to speed dismissals). Director Aguilar cautioned against using sustain rates as the sole metric, noting that complaints serve as a constitutional grievance channel.
- Councilmember Taplin queried about the early warning system audits; Caetano confirmed the new system will evaluate 80 factors across all sworn officers, replacing random four-officer audits.
- Councilmember Trigum asked for definitions of complaint outcomes (unfounded, exonerated, sustained) and for recommendations to reduce racial disparities. Caetano cited the profiling-by-proxy policy as an unaddressed recommendation from the FIP report.
- Councilmember Humbert focused on vexatious complainants and the widening gap between allegations and sustained findings, noting that a few individuals drove many complaints. He also questioned the value of analyzing discourtesy allegations (only 1 sustained out of 107).
- Councilmember Bartlett raised questions about stop data (resident vs. non-resident) and reasonable suspicion. Chair Caetano noted that for Black Berkeley residents, the disparity ratio was 6.55 times that of white residents.
- Mayor Arreguín asked about subcommittee priorities (Caetano said they were consolidating into a policy committee), community engagement metrics (Aguilar noted they track sign-ups and inquiries, but lack systematic data), and the IT laptop issue (still unresolved after years).
Key Outcomes
- No formal decisions or votes were taken; the council accepted the presentation and received the report with thanks.
- Next steps identified:
- The PAB aims to finalize oversight regulations and present them for council action soon.
- The ODPA will continue to pursue IT infrastructure improvements and dedicated staffing for community engagement.
- Several council members expressed interest in joint metrics with BPD, a follow-up on the FIP report’s profiling-by-proxy recommendation, and earlier presentation of next year’s report (aligned with BPD’s annual report).
- Mayor’s closing remarks: Clarified that the charter requires the ODPA to draft the report and the PAB to approve it, and she sees no need for separate reports. She also urged the PAB to adopt more quantitative community engagement metrics.
Meeting Transcript
Hello, everyone. Good afternoon. I'm calling to order the special meeting of the Berkeley City Council today. It's Tuesday, November 18th, 2025. And Clerk, could you please start us off with role? Certainly. Councilmember Kessarwani is absent. Kaplan is absent. Bartlett is absent. Trigum. Classan. Oh, Keith. Here. Blackaby. Here. Here. Humbert. Present. And Mayor Ishi. Here. All right. Thank you very much. So this is a special meeting. So we just have one item on our agenda, the 2024 Police Accountability Board and Office of the Director of Police Accountability Annual Report. And so I'm going to just turn it over to you all. Just so folks know the way we're going to do this is they're going to make a presentation and then we'll ask questions and then we'll do public comment if there's any public comments only on this item. And then any comments that we have left, we'll come back to the council. Okay. Alright, turning it over. Thank you, Madam Mayor, members of council, colleagues who are tuned in, uh, present in Zoom and members of the public. We appreciate the opportunity to be here today. Uh my name is Hansu Aguilar. I'm the city's director of police accountability. To my right, uh, you have our our chair of the police accountability board, Joshua Caetano. And to my left is uh Jose Murillo, he's our policy analyst for our office. Uh and just tuned in at the office, ready to be on standby with tech support on our end. We have our uh investigator Dan Weinberg in our data analyst, um Sae Medie. And we also have uh one of our UC Cal um uh interns for the year, Esther Fan, uh they're back in uh the office. We appreciate the opportunity to come before you. The city charter in section 12516 requires us to do an annual report and the structures it very specifically. So this is our second iteration under the new model, uh, and we're going to just outline to you what we're gonna discuss today. Uh, next slide, please. So we're gonna do uh a gentle overview of the PAB and the ODPA's uh powers and duties, our investigative processes, procedures, complaint data, overview of the PABs policy work, uh, our outreach that we've done uh in the last year, uh, and we'll discuss the BPD transit patterns in vehicle and pedestrian stops and other enforcement activities, and also some challenges and recommendations. Uh next slide, please. Uh, one of the things that just a gentle reminder is important that we have uh a hybrid system of of oversight in in here, which is um uh was purposeful under the um enhanced oversight program. So when we went from the police review commission, uh both the staff and the commissioners were housed under this one entity, the police review commission. Now we have the police accountability board, which is our nine appointed community members, and the office of director of police accountability. We're interdependent entities that work together to do uh oversight of the Berkeley Police Department. Our uh jurisdiction is of the sworn police department officers. Uh the department does have civilian um employees in our office does not have authority or jurisdiction over um their personnel activities.
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