Sacramento Community Police Review Commission Meeting - September 14, 2020

The Sacramento Community Police Review Commission met via teleconference on September 14, 2020, from 6:01 p.m. to 9:27 p.m. The meeting featured presentations from the California Department of Justice (DOJ) on its Phase II report regarding the Sacramento Police Department (SPD), from the American Civil Liberties Union (ACLU) on use of force and AB 392 compliance, a discussion on commissioner attendance, and an update from the Measure U Community Advisory Committee. Commissioners also received updates from ad hoc committees and the chair on ongoing negotiations with SPD over policy recommendations.

Public Comments & Testimony

• A caller on Item 1 expressed concern about police escalation of situations with homeless individuals, citing a specific incident involving a 61-year-old wheelchair-bound man with mental illness. The caller questioned why officers with such behavior remain on the street and why homeless funding is insufficient.
• A caller on Item 2 requested copies of the ACLU's PowerPoint and asked about the ACLU's continued role in ensuring SPD compliance with AB 392 and implementation of DOJ recommendations. The caller also noted that DOJ findings of racial disparities (e.g., blacks stopped more often but contraband found less) indicate clear racial bias.
• A caller on Item 3 noted that meeting minutes from September 2019 onward are not readily available, making it hard for citizens to track commissioner attendance. The caller cited an average of three commissioners absent per meeting (27% absentee rate) from April 2018 to September 2019, with some commissioners attending only about 60% of meetings.

Discussion Items

• Item 1: Presentation on California Department of Justice Phase II Report and Recommendations – Deputy Attorney General William Downer and subject matter expert Ron Davis presented key findings from the July 8, 2020 report. The review examined SPD use of force incidents (2013-2018), personnel complaints, discipline, and bias prevention. Key findings: half of all problematic use of force incidents involved carotid restraint holds; half arose from foot pursuits; 13% of cases showed officers could have used time, distance, and cover. Racial disparities were found: African Americans were involved in 43% of use of force incidents (13% of city population), made up 40% of arrests, and were stopped and searched more frequently but with lower contraband discovery rates. Recommendations included deauthorizing carotid holds, revising foot pursuit policy, emphasizing de-escalation, and conducting a comprehensive study on racial disparities. Commissioners asked about implementation, canine policies, and the concept of 'overwhelming force.' The DOJ noted no ongoing evaluation role and that they have not briefed the city council. Public comment was heard.
• Item 2: Presentation from American Civil Liberties Union on Use of Force and Best Practices – Marshall Arnwine and Sean Riordan presented on AB 392 compliance, arguing that SPD's use of force policy is incomplete. They highlighted three omissions: failure to include the 'necessary' standard throughout, lack of clear distinction between retreat and de-escalation tactics, and an incomplete definition of 'imminent threat.' The ACLU stated that SPD is not in compliance with AB 392, despite city attorney claims. Commissioners thanked the ACLU for their ongoing work and asked about effective remedies, with the ACLU noting that lawsuits have been used in other jurisdictions.
• Item 3: Discussion on Commissioner Meeting Timeliness and Attendance – Chair Guerrero and Vice Chair Carter led a discussion on attendance expectations. Vice Chair Carter expressed concern about lack of quorum certainty and poor attendance at ad hoc committee meetings. The attendance policy was reviewed: three unexcused absences can lead to removal. Commissioners were encouraged to adjust committee participation if needed. The public comment highlighted the need for transparency. No changes were voted on; the discussion was received and filed.
• Item 4: Measure U Community Advisory Committee and Measure U Budget – Dr. Laujean Cofer presented an overview of Measure U (a sales tax) and the committee's recommendations. She showed that police funding has grown each year, while campaign promises for economic development and homelessness have not been fulfilled. For example, police overspent by $40 million and fire by $20 million compared to flat funding, while economic development was underspent by $117 million. The committee recommended participatory budgeting and deeper scrutiny of police expenditures. Commissioners discussed potential joint recommendations, particularly around redirecting police funding to mental health and community-based services.
• Item 5: Sacramento Community Police Review Commission Follow-Up Log – The log was received and filed. Commissioner Savage-Sangwan requested that items denied by city staff (e.g., updated complaint form, city attorney presentation) be tracked separately for transparency.

Ad Hoc Committee Updates

• Mental Health Ad Hoc – Recommendations under review include data transparency, shifting to community-based mental health responses, and limiting use of force. Outreach to groups like Mental Health First, La Familia, and NAMI is planned. Draft recommendations expected by October.
• Discipline and Accountability Ad Hoc – Vice Chair Carter reported recommendations to codify a disciplinary matrix (e.g., minimum penalties for specific violations), expressly prohibit carotid holds, and track habitual complaints. A Zoom community outreach session is planned.
• Rules of Procedure Ad Hoc – Co-chairs Castillo-Krings and Sabeniano reported progress on formalizing rules and procedures, including virtual meeting compliance. A second effort involves evaluating commission authority and making recommendations to strengthen it. A community meeting and one-on-one sessions are planned.

Chair’s Update

Chair Guerrero reported that the commission and SPD met to discuss the commission's 2018-2019 recommendations. SPD agreed to adopt several changes, including adding the definition of 'imminent threat' from AB 392 and revising the definition of 'necessary.' However, SPD did not agree to a 'last resort' standard for use of force, a separate medical care section, or mandatory drug testing after use of force incidents (a bargaining issue). The next step is to report to the mayor and council on areas of agreement and disagreement and request a vote on remaining recommendations. A timeline was provided: draft recommendations by October 12, outreach through November, and final adoption by November 9 or December.

Key Outcomes

• All five agenda items were received and filed by the commission.
• The commission will continue to work with the Measure U Community Advisory Committee on joint recommendations regarding police funding reallocation.
• The chair will request a city council vote on outstanding commission recommendations, especially those SPD declined to adopt.
• Ad hoc committees will finalize draft recommendations by October 12, with community outreach planned via Zoom.
• Commissioner Carter requested that the issue of term limits and the commission obtaining its own legal counsel be placed on the October agenda for a vote.
• Commissioner Savage-Sangwan requested that the follow-up log include items denied by city staff for transparency.
• The meeting was adjourned at 9:27 p.m.