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HomeMy WebLinkAboutReso - CC - 051-2011RESOLUTION NO. 51-2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE CITY'S RESPONSE TO 2010-2011 SAN MATEO COUNTY GRAND JURY REPORT ENTITLED "TASERS: STANDARDIZING TO SAVE LIVES AND REDUCE INJURIES" WHEREAS, on May 24, 2011, the 2010-2011 San Mateo County Civil Grand Jury issued a report entitled "Tasers: Standardizing to Save Lives and Reduce Injuries", which contains findings and recommendations pertaining to the City of Burlingame; and, WHEREAS, the City of Burlingame is required under Penal Code section 933 to respond to the Grand Jury's findings and recommendations in said report; and WHEREAS, the City of Burlingame has prepared appropriate responses to the Grand Jury's findings and recommendations and intends to transmit them to the Presiding Judge of the 2010-2011 San Mateo County Civil Grand Jury as required by law; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME AS FOLLOWS: The City Council approves the responses to findings and recommendations of the 2010-2011 San Mateo County Civil Grand Jury report entitled "Tasers: Standardizing to Save Lives and Reduce Injuries e" pertaining to the City of Burlingame, a copy of which is attached hereto and made a part hereof. 2. The Mayor is hereby authorized to execute and transmit said responses to the Presiding Judge of the San Mateo County 2010-2011 Grand Jury, in accordance with State law. / J Terry Nag 1, Ma} r I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 18`h day of July, 2011, by the following vote to wit: AYES: Councilmembers BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE Mary Ellen Kearney, City Cler FINDINGS: "The Sheriff tuts a Use of Force policy that is different thorn the standardized policies of the other uniformed leav enfn-cement agencies in San Mateo County. The Sheriff Department's police, requires a deputy to make physical contact ivith subjects who are violent or threatening prior to the deployment and/or activation of the TA:S'ER device unless the del.m4, can identify and articulate a reason to move up the ladder to the Toser device use. (ince engaged in physical contact. TASER use is limited to the "drive stun" mode. " Response: The City of Burlingame agrees with this finding. Like many of the cities in San Mateo County the Burlingame Police Department uses Lexipol LLC, for our Policy Manual including a policy on TaserTM use. It should be noted that the City of Burlingame is unaware of the content of the San Mateo County Sheriff s Office policy regarding Taser use. 2. 'Zanv I;rtforcernent agencies «Nen respond to calls outside their jurisdiction,frr mutual aid anti, joint task farce operations, such as, the San 11ateo County Gang Task Force anis Drug Task Force. In these joint operations the protocols f u- Taser use by the Sheri ff are not the same as the other agencies in the counts, which also use TASERS. " Response: The City of Burlingame agrees with this finding. The Burlingame Police Department uses Lexipol LLC, to develop our Policy Manual including apolicy on TaserTM use. The City of Burlingame is unaware of the content of the San Mateo County Sheriffs Office policy regarding Taser's. Of the 18 un;fbruied police agencies using TAS7R devices inSan liateo County that the Grand Jury reviewed the primary provider of [Tse of Force policies and 7ASER use policies is Lexipol. LLC Fifteen cities. BART and the CHP use Lexipol, or home policies that are similar, if not identical, to Lexipol. Response: The City of Burlingame agrees with this finding. The City of Burlingame Police Department utilizes Lexipol, LLC for our Policy Manual. We are aware that many agencies in the County utilize Lexipol however, do not have intimate lmowledge of the contents of each policy. 4. All agencies using 1ASER devices require trainingprior to the issuance of a 7ASER to individual officers; require amoral or more frequent retraining; require a "Use of Force Report" when a DISE7l device is activated, and require medical evaluaaion,for a subject who has been "tared " Response: The City of Burlingame agrees with this finding. The Burlingame Police Department does require training prior to the issuance and use of a Taser and does require annual updated training. All Taser discharges, including accidental discharges, are documented in the related arrest/crime report, and a Supervisor's Review of Critical Incidents Report. 2011 City of Burlingame, San Mateo Grand Jury response "TASERS Standardizing to Save Lives and Reduce Injuries" 5. No agency requires reporting when a TASFR device has been used in the "light up " deplovment mode, but not activated. Response: The City of Burlingame agrees with this finding. The City of Burlingame does not have a reporting requirement when a Taser has been used only in the "light up" deployment mode and the City is unaware of other law enforcement agencies "Use of Force" reporting requirements. 6. Ala agency requires that an officer who has been issved a 7A&,11? device acttralh: keep it on his?ter person. The 7ASER device n7ay be kept secured in the patrol car for those officers on patrol duty. Response: The City of Burlingame disagrees with this finding. The Burlingame Police Department requires uniformed officers to carry the Taser on their person in an approved holster. 7. The cities of :Menlo Park and Fast Polo Alto are the only Sun Mateo County police agencies that do not supply TASER devices to their offk ens and therefore 7:1,SERS are not available as an alternative to lethal force. Response: The City of Burlingame agrees with this finding. RECOMMENDATIONS: • The 2011 �Scm tl taleo County Civil Grand hny recommends that the Sheriff I. Adopt either the Lexipol standard policies and decision toolhox approach. establish similar policies, or• reestablish the prior Use of Force policy dated April 10, 2008. 2. Add a "deploymentonly" category to all Use of Force Reports and trackthe effect that this "light up" tnode has in assisting deputies to gain and maintain control over stihjects. 3. Require uniformed deputies to have 1A,5ER devices available to the same extent that the officers are required to have a (rearm availablefir use. Response: Respondent is unable to respond to this Recommendation as it is directed towards the San Mateo County Sheriff's Office. The 2011 San .Valeo County Civil Grand Jury recommends that the City Councils of the cities of-kkrdo, Park unci Fast Palo,4lto: I. Implement the use ofT<1SFR devicesfor their uniformed police officers. 2. Adopt Use of Forzre policies that ca e consistent Ivith other San .flateo County citicrs. 2011 City of Burlingame, San Mateo Grand Jury response "TASERS Standardizing to Save Lives and Reduce Injuries" 3. Implement policies that require training, supervision, reporting, multi-level supervisory review, and mecdical evaluation of subyects irhen 7A,SF]? devices are used as well as `deRtoyment only" tracking for in -fold incidents. 4. Requite ttnifcrrmed gfflcers to have TASER devices avuilable to the some extent that the officers are required to have a, firearm mailable fin• use. Response: Respondent is unable to respond to this Recommendation as it is directed towards the cities of Menlo Park and East Palo Alto. The 2011 San Mateo County Civil Grand .luny recommends that the City Councils of all cities other than Menlo Park and East Palo Alto: Add a "deployment only' category° to all Use of Force Reports and track the effect that this "light up" mode has in assisting deputies to gain and maintain control over subjects. Response: This recommendation will not be implemented.. To have an officer determine whether the suspect chose to comply because the Taser was in the "light up mode" would be subjective, thereby limiting the usefulness of the information collected. Officers currently document "Use of Force" incidents in an official report and a Supervisor's Critical Incident review. We do not track when an officer chooses to display any of the other tools which are available to them such as chemical sprays, baton, extendable baton or handcuffs. 2. Require uniformed officers to leave TASER devices available to the same extent that the officers are required to have a firearm available for use. Response: The City of Burlingame believes this recommendation is currently in place. The Burlingame Police Department requires uniformed officers to carry their assigned Taser on their person in an approved holster. 2611 City of Burlingame, San Mateo Grand Jury response "TASERS Standardizing to Save Lives and Reduce Injuries"