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HomeMy WebLinkAboutMN-CCCOW-2022-04-13COMMON COUNCIL COMMITTEE OF THE WHOLE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 13, 2022 PRESENT: Acting Mayor Lewis Alderpersons (9) Brock, McGonigal, Nguyen, Brown, Gearhart, Barken, Mehler, DeFendini, Cantelmo OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Human Resources Director – Michell-Nunn Chief of Staff – Vavra Acting Police Chief – Joly Deputy Police Chief - Monticello Reimaging Public Safety Working Group Co-Chairs: Eric Rosario and Karen Yearwood SPECIAL ORDER OF BUSINESS: Reimagining Public Safety Working Group Report – Discussion Acting Mayor Lewis opened the meeting and reviewed the Resolution adopted by Common Council on March 31, 2021, regarding reimagining public safety. The Resolution included 19 recommendations, some of which were city-specific while others were joint recommendations with Tompkins County. She explained that while the discussion tonight is focused on Recommendation Number 1, a considerable amount of work has been completed on the other recommendations included in the Report. She further noted that Council has received many responses from community members, some of which have been encouraging and others have asked for more information. Alderperson Gearhart asked what the charge of Common Council is, and what the timeline for the work would be. Acting Mayor Lewis explained that two Common Council meetings have already been held that included a presentation from the Working Group Co-Chairs Eric Rosario and Karen Yearwood, and an initial discussion about the Reimagining Public Safety Final Report findings. She noted that there will be further discussion on this topic at the May Common Council meeting, and her hope is that Council will move toward a motion to accept or endorse the Working Group’s recommendation shortly thereafter. She further stated that legislation may need to be crafted and considered no later than July if a mandatory referendum is required for the November General Election. Acting Mayor Lewis described the community-based Working Group composition and reviewed the Common Council Rules of Procedure regarding the acceptance, adoption, endorsement, or rejection of reports. April 13, 2022 2 Alderperson McGonigal asked what the definition of “culture” means in reference to the Ithaca Police Department (IPD). Acting Mayor Lewis referred to the Common Council Resolution and the New York State Executive Order #203 that asked communities to develop “a plan to address the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color”. She noted that minoritized individuals in the community have raised questions about the culture of the police department, voicing their desire to feel safe when reaching out to the police. They would also like to ensure that IPD is the most inclusive department possible. Alderperson Brown noted that when people reference the culture of policing, they are not focusing solely on the local community but also policing throughout New York State. She commented that locally there has been a culture of officers not being engaged in the community they police, meaning that they are not getting to know the community, they are only protecting property. Alderperson DeFendini stated that having a space for the discussion of a more equitable and cooperative culture between the police and the community is important; however, a greater priority should be placed on a discussion regarding the allocation of resources to public safety agencies including the Division of Community Solutions. Acting Police Chief Joly noted that he has heard that the proposed restructuring of the police department is targeted towards a change of the culture of IPD. He stated that it would be helpful to know what parts of the culture of IPD need to be changed and how this plan would achieve that goal. Alderperson Brock stated that she supports structural changes that are needed to provide resources to communities that are underserved. She noted that when looking at the culture of policing on a nationwide level, 20% of the January 6, 2021, rioters were former military or law enforcement personnel. She stated that through the City’s recruitment, screening, psychological evaluation of officers, and hiring processes, any ties to white supremacy, militia, violent extremism, and racism, should be identified as they have no place in the Ithaca Police Department. She noted that she would like to see a culture that corrects behavior when there is bias in policing or use of force that may or may not be reported. She further stated that systems should be in place to ensure those behaviors are investigated, addressed, and corrected promptly, predictably, and consistently so that it will set a tone of expectations regarding culture. Acting Mayor Lewis stated that the City is looking very deliberately at the creation of an unarmed unit of responders as there has been an expressed interest in this from both the police department and members of the community. Alderperson Cantelmo stated that Council should create a clearly articulated expectation of what culture change will look like with qualitative and quantitative April 13, 2022 3 indicators, so as the City moves forward it can be used as a baseline measure for the effectiveness of what may be proposed. Working Group Co-Chair Rosario echoed Alderperson Cantelmo’s remarks and noted that page 19 of the Report addresses culture and has defined it as behaviors, beliefs, and symbols that a group accepts, even unconsciously. He noted that personally he has had very positive experiences with local law enforcement, but the input that was received from the community describing verbal and physical abuse from IPD can’t be ignored. He shared a story about an officer who didn’t realize he was being recorded on a body worn camera and joked about the way he treated a civilian. He noted that prior to this, he thought that person was the ideal of a police officer. He voiced his disappointment that the other officer(s) who were with that officer didn’t react in a manner that indicated that this type of behavior was not acceptable. Alderperson McGonigal voiced his appreciation for everyone’s comments. He noted that in his broad-based discussion with members of IPD, the incident described above genuinely upset several officers. He said that he is encouraged by the current group of young officers and sergeants and believes that the culture is changing, but more can be done. Alderperson McGonigal asked about the budget recommendations including the potential costs of rebranding the department including vehicle graphics, uniforms, etc. Working Group Co-Chair Yearwood explained that there were 4 sub-committees and the budget sub-committee waited for the other groups to submit their information before drafting the budget recommendation. She noted that the recommended $1.15 million investment into this initiative is the foundation and is expected to be carried out over several budget cycles. The recommended budget includes personnel, equipment, and training needs. She further addressed the issue of culture, noting that the members of the unhoused community who participated in interviews did not object to the police; however, they identified training and how they are approached by the police as issues that need to change. Alderperson Barken asked how the Report recommendations address the culture change that is needed. Ms. Yearwood responded that training was identified as a need (ie. how is IPD being held accountable for their training, what training do officers participate in, which training courses are mandatory, etc.). She further noted that the community members who provided feedback on their lived experiences prior to the formal establishment of the Working Group and sub-committees should not be negated. Alderperson Barken asked if there was a culture that was endemic in the police force that could be corrected by the restructuring of the Ithaca Police Department. Acting Mayor Lewis responded by highlighting a scenario where an armed officer shows up on a call and the question is asked whether that is the desired response. She suggested that there could be a culture shift where not all calls are responded to by an armed officer (ie. check on the welfare of an elderly resident), and acknowledged that call delineations need further work. April 13, 2022 4 Alderperson Barken noted that the underlying question is whether Common Council is reshaping the entire department under the umbrella structure or can the desired change in culture be delivered within the existing departmental structure. He noted that one change will impact the next, so Council needs to understand what will be prioritized and what the most efficient way to achieve that will be. Mr. Rosario stated that culture is part of this conversation, but the greater focus was to center the experiences of the marginalized and vulnerable populations, dedicate police resources to crime solving and prevention, and add a new unit of unarmed responders to better serve the community and reduce contact with the justice system where applicable. He commented that the addition of civilian oversight through a commissioner begins to center the experiences and noted that continuing the same model of policing but hoping for a different result doesn’t make sense. He stated that the recommended model offers a greater chance of changing culture. Alderperson DeFendini voiced his support for the comments made by Alderperson Cantelmo and Mr. Rosario regarding culture change. He suggested that the conversation include discussion about enforcement mechanisms that would ensure that the culture shifts are upheld, noting that there must be consequences for violations. Alderperson DeFendini further stated that Common Council fell short when discussing the budgeting process for the Reimagining Public Safety Initiative, noting that the Working Group should have been allowed to determine what the budgets should look like for the Police Division and the Division of Community Solutions. Alderperson Brown thanked Mr. Rosario and Ms. Yearwood for their hard work and noted that as an African American woman, it breaks her heart to have this conversation about what the culture of policing in America is and which parts of it need to be changed. Alderperson Brock stated that the job description of the Chief of Police can include many things; however, the City has never included the qualities and expertise that it is currently looking for in that description. In fact, there may be qualities included in the existing job description that the City is not interested in. For instance, a qualified candidate would prioritize “quality of life issues”. She explained that in policing parlance that means you are looking for a zero tolerance for minor infractions approach. Alderperson Brock further asked if the Working Group researched other models already in place locally when considering the contingent of unarmed first responders. Acting Mayor Lewis responded that Travis Brooks, Supervisor of the LEAD Program, is a member of the Working Group and the Outreach Worker model is also being explored. Alderperson Cantelmo asked if Council would still have the authority to approve/disapprove the Mayor’s or City Manager’s appointment of a Police Chief assuming the Report moves forward. City Attorney Lavine stated that Common Council can retain that authority if it wishes. Acting Mayor Lewis noted that currently search April 13, 2022 5 committee recommendations are submitted to the Mayor with approval of Common Council. Alderperson Barken commented that we’ve all lived through a horrible epic watching the murder of George Floyd and other horrific incidents of police violence nationally and statewide; however, culture is comprised of individuals, and it is dangerous to project an impression of a national crisis on a local police force comprised of individuals who deserve to be judged on their conduct. He further stated that there needs to be a focus on the individuality of the officers. That speaks to having a careful vetting process when hiring officers, and more resources for a chief to preside over an intricate and dynamic force comprised of armed and potentially unarmed officers. He stated that it is dangerous to constantly characterize a culture that may or may not exist. Alderperson Mehler asked if the Report allows Common Council to retain the authority to appoint the Commissioner of Public Safety, the Director of the Division of Police, and the Director of Community Solutions. City Attorney Lavine stated that legally Council can decide to retain those appointment authorities. Ms. Yearwood stated that the report recommends that the Commissioner of Public Safety be the first appointment made. Alderperson Brown responded to comments made by Alderperson Barken noting that it is important to be honest about what happens in this community. Deputy Police Chief Monticello stated that this is a very complex issue. He described the changes that he has seen as the department has evolved over the past few decades including the addition of the civilian Community Service Officers (CSOs). The role of the CSOs has expanded to support the police department and they now direct traffic when needed, respond to parking complaints, issue parking tickets, and authorize tow-aways. He stated that a very serious conversation will need to be held about the types of calls that unarmed people respond to, noting that officers have been ambushed even in the police station. He advised Council not to rush into anything and to allow the entire community to participate in the discussions. He further highlighted inaccuracies and errors he found in the data gathered from the Matrix group regarding calls for service and staff hours. Acting Mayor Lewis noted that the data from the Matrix Group was collected by IPD, and police officers were involved in the discussions regarding shift designs. Alderperson McGonigal stated that regardless of his view on the entirety of the proposal, he takes the testimony from the community on their lived experiences very seriously. He stated that as a group, Council needs to reach out to communities that feel they have been unfairly targeted by police and those who feel that they don’t have enough police protection. He further encouraged everyone to get to know the City’s police officers, noting that everyone wants to be treated with respect, including the police. He highlighted the fact that the City’s police chiefs have served an average of 3 years over the past two decades and suggested that the City obtain a commitment from the next chief to stay in office until a positive culture shift can take root. April 13, 2022 6 Alderperson DeFendini stated that there has been a lot of discussion but there has not been a cohesive conversation about any single element of the Report, so he can’t envision how Council could come to a decision by May or June. He voiced a growing concern about Council’s ability to deliver adequate and genuine change to the community. Alderperson Brock stated that she agrees with Alderperson DeFendini’s comments, noting that she feels as if 90% of what is being proposed could have been done following the resignation of Police Chief Nayor. She stated that there is a recommendation to adopt the Pitman model for shift staffing which includes 12 hour shifts for police officers. She stated that this model doesn’t appear to prioritize officer safety and mental health, noting that when people are tired, they make unintentional mistakes and can have a short fuse or lose their patience. Acting Mayor Lewis stated that this was a recommendation prompted by a police officer because it provides more predictable scheduling for officers. Ms. Yearwood responded to comments made about the Division of Police budget, noting that the City’s 2022 budget was already in place when this recommendation was discussed. The budget the Working Group recommended is for whenever Common Council decides to create the new departmental structure. She further noted that the City officially launched the LEAD program just prior to the release of the Report which occurred on March 2, 2022. The Working Group looked at call types beyond what the LEAD program covers (the root causes of crimes related to poverty, addiction, and mental health crisis). Ms. Yearwood further responded to comments made by Alderperson Barken regarding the murder of George Floyd, noting that some people lived through it by watching it on the television, and some people live through it on a daily basis. This recommendation is designed to ensure public safety for all citizens. She further said that reviewing call types was a challenging task and the Working Group decided that additional work is needed. She further clarified that the Matrix data in the Report focused on community generated calls for service, it did not specify all calls. She further reviewed all of the community groups that the Working Group heard from including IPD who provided input about staffing, scheduling, and wellness issues. Motion to Enter into Executive Session to Discuss Collective Bargaining Negotiations By Alderperson Mehler: Seconded by Alderperson Gearhart RESOLVED, That Common Council enter into Executive Session to discuss Collective Bargaining. Ayes (8) Brock, McGonigal, Nguyen, Brown, Gearhart, Barken, Mehler, Lewis Nays (2) DeFendini, Cantelmo Carried (8-2) April 13, 2022 7 Reconvene: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 9:25 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Laura Lewis City Clerk Acting Mayor