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HomeMy WebLinkAboutMN-COW-2021-03-10COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 6:00 p.m. February 24, 2021 PRESENT: Mayor Myrick Alderpersons (10): Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Smith, Mohlenhoff, Lewis OTHERS PRESENT: City Clerk – Conley Holcomb Chief of Staff - Cogan Human Resources Director – Michell-Nunn Human Resources Executive Assistant - Malone City Controller – Thayer Police Chief - Nayor Fire Chief - Parsons Tompkins County Administrator – Molino Tompkins County Chief Equity and Diversity Officer - Carrithers Tompkins County Communications Director – Recckio Dr. Sean Eversley Bradwell Dr. Belisa Gonzalez SPECIAL ORDER OF BUSINESS: 2.1 A Special Presentation on the Reimagining Public Safety Collaborative Draft Report Mayor Myrick shared a presentation of the draft report from the Reimagining Public Safety Collaborative that focused on: •Collaboration with Tompkins County and the Center for Policing Equity •City-related Recommendations •County-related Recommendations •City & County-related Recommendations •History & Process: NYS Executive Order 203 mandated that each County submit a reimagining public safety report by April 1, 2021, or risk the loss of NYS funding. •Create focus groups for community and law enforcement input. •City – Replace the City of Ithaca Police Department with a Community Solutions and Public Safety Department •County – Better align available resources with emergency response needs by establishing a pilot program for non-emergency calls •County – Evaluate existing models and implement an alternative to law enforcement response •Collaborative Recommendations •Advocacy Recommendations •Accountability Recommendations •Implementation •What’s next: input, consideration, and approval process The Mayor and Common Council shared expressions of gratitude to the people who worked so hard to pull this report together. Alderperson Lewis asked how the proposals would be funded and about the status of police officer positions. Mayor Myrick stated that this would be an ongoing and collaborative process and it is not his intention for any officer to lose their job. He voiced willingness to work collaboratively with the police department to design the new agency, noting that there are existing structural issues. He further stated that the proposed costs and funding streams are still to be determined. 2 Alderperson Fleming referenced the proposed augmentation of existing police officers with community mental health workers to relieve law enforcement from the more minor tasks. She voiced her concern about budget implications, noting that 1/3 of Sheriff’s budget is paid by city taxpayers so there should be more collaboration between IPD and TCSO. Mayor Myrick noted that law enforcement workers, community solutions workers, and unarmed workers would all be needed to deal with mental health issues. Tompkins County Administrator Molino stated that he expects to develop the budget requirements in the next few weeks, but that the alternative response model would take longer. The County’s recommendation was to hire 3 civil staff to handle non- emergency/office related calls. They will create a pilot program for a year and re- evaluate after that time. The alternative response model includes co-response calls, based on the COHOOTS model, to help assist with mental health calls. Discussion followed on the importance of commonality in law enforcement response across all agencies (New York State Police, Tompkins County Sheriff, Ithaca Police Department). Path to moving forward with the 1st City recommendation: •There is an existing labor contract for IPD that is still in effect. •Common Council will discuss this at the March 24th City Administration Committee and will hold a Special meeting on March 31st. There will be community input sessions in between those discussions. Extensive discussion followed regarding the role of law enforcement, the CAHOOTS model, the projected cost of the alternative proposals, the role of the Community Justice Center, the role of the Center for Policing Equity, and the responsibility of mental health incident response. County Administrator Molino stated that the Community Justice Center would be putting the human resources behind the report, noting that public safety is larger than just law enforcement. An enormous amount of coordination among agencies, and municipalities is required. He further stated that Tompkins County would be best positioned to help facilitate what a mental health response would be, noting that not everything needs to be done in house, a non-government organization could be contracted with. Police Chief Nayor stated that he has been fully immersed in the process from the beginning and has been involved in discussions, data mining, and responding to questions. He voiced his agreement that the police cannot do everything, citing the increases in mental illness, addiction, and homelessness calls. He stated that as Police Chief, he wasn’t given the opportunity to share his opinion of what the path forward should be. He noted that this is a radical plan that has officers fearing job security. He stated that Ithaca Police Officers are well trained, meet high standards, and are seeking transparency. The article in GQ Magazine made them feel devalued. He believes that these recommendations can be accomplished in a graduated way to take advantage of the important lessons learned along the way. He further noted that the Command Vehicle was difficult to acquire and is a low frequency, high risk type of tool that is needed for officer safety. He expressed his hope for continued conversation on this issue as members of the department want to be involved going forward. Mayor Myrick voiced his appreciation for the participation of Police Chief Nayor and Deputy Police Chiefs Monticello and Joly. He acknowledged that this conversation is not about one agency but the law enforcement discipline in general, noting that very good departments can also be on cutting edge. Alderperson Mohlenhoff encouraged people to read the entire report as snippets don’t adequately represent the comprehensive work that has been completed. She noted that the system is broken, not the staff working within the system. She addressed the need for a healing process for the community that is trauma informed. 3 Alderperson Nguyen stated that this initiative is far more ambitious than those of other counties across the state. He noted that the reallocation of personnel would keep costs down. He stressed the importance of rebranding, noting that the SWAT vehicle has created frustration on both sides. Dr. Belisa Gonzalez acknowledged the tremendous work completed by Human Resources Director Michell-Nunn in getting members of the community to provide feedback. She stated that even though no one trusted the process, they participated anyway. She noted the success of having drivers to pick people up, conducting individual focus groups, and sharing resources with people so they could participate. She stated that people talked most about feeling dehumanized during their day-to-day interactions with law enforcement and wanted their humanity to be recognized. Most of these incidents did not rise to the occasion of arrests/data collection. Dr. Sean Eversley Bradwell stated that the task was to oversample the most marginalized communities, noting that a large part of community will not come to meetings, or speak over a portal/online. He commented that there was great community concern for officer well-being and a recognition that they are over-worked. He stated that Council will have to find a balance between supporting law enforcement personnel and the marginalized community, noting that the largest loss will be inaction. Dr. Eversley Bradwell noted that budget is a reflection of values. This initiative will cost money and will need to be worked through collaboratively. Mayor Myrick reaffirmed that this is only the beginning of a series of public input sessions. The next time Common Council will discuss the report is at March 24th City Administration Committee meeting. ADJOURNMENT: On a motion, the meeting was adjourned at 7:35 PM. _____________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole 6:00 p.m. March 10, 2021 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Human Resources Director – Michell-Nunn Chief of Staff – Cogan Tompkins County Administrator – Molino Tompkins County Communications Director – Recckio Tompkins County Chief Equity and Diversity Officer - Carrithers SPECIAL ORDER OF BUSINESS: Discussion on the Draft Reimagining Public Safety Report Mayor Myrick welcomed the County and City staff who joined the meeting to discuss the Report. He reviewed the upcoming meetings and additional ways that members of the community can provide input into the discussions including e-mailing Common Council at council@cityofithaca.org or going through Tompkins County Reimagining Public Safety Portal accessible from the City’s website. Mayor Myrick reviewed the draft Resolution for Council to consider including the joint City/County recommendations along with the City specific recommendations. He noted that staff has been working hard on a FAQ document that will go out tomorrow to help the public follow the discussion. He reaffirmed that the Ithaca Police Officers would retain their jobs and titles along with the ability to unionize through the Police Benevolent Association (PBA). The Mayor stated that the City is also working on budget estimates to implement this initiative. Alderperson Lewis thanked everyone who worked so hard on the development of this proposal. She stated that doing nothing is not an option and acknowledged the fact that this is a living document that will be adjusted as needed. She noted that she was happy to hear that the preliminary budget information will be available in the next few days and asked if the County would be sharing their Resolution publicly. Tompkins County Administrator Molino responded that the County has a very similar Resolution that will be made public within the week. Alderperson Kerslick voiced his appreciation for the work that went into the report and the draft Resolution. He noted that the Resolution has 16 recommendations vs. the 19 recommendations in the original report and asked what had changed. Mayor Myrick explained that the county specific recommendations were omitted from the City’s Resolution, and an additional County recommendation has been made into a joint City/County recommendation. Alderperson McGonigal suggested an edit for one of the joint city/county recommendations. He proposed that the recommendation that addresses conducting reviews of SWAT callouts be amended to include reviews of CINT (Critical Incident Negotiating Team) callouts as well. Alderperson Fleming noted that she has shared her comments during the past week. She stated that she has major objections to Recommendation #1 and doesn’t understand why recommendations #13-14 are written the way they are. She believes that the recommendations should be combined, calling for the review of the callouts prior to deciding the future of Truck 99, and possibly creating a plan for the redeployment of the vehicle. She further stated that recommendation #4 should be part of recommendation #7 and include the analysis of City data on traffic stops. She further asked why the was City not included in recommendation #3. She commented that she has other suggestions regarding tightening up wording. County Administrator Molino explained the alternative response model, noting that there was a continual concern regarding law enforcement agencies responding to a lot of different calls that weren’t necessarily law enforcement related. He referred to the Cahoots model of Eugene, Oregon that includes an unarmed response to crisis and/or mental health calls or a co-response with law enforcement officers. He noted that this fits within the health and human service realm that the County is responsible for. Mayor Myrick recognized that the City is 1/3 of the population March 10, 2021 2 of the County. County Administrator Molino confirmed that these services would be extended to the City as well as the rest of the County. County Administrator Molino responded to comments made regarding the order of the SWAT vehicle recommendations. He stated that the reason the SWAT vehicle was suggested to be turned over to the Tompkins County Department of Emergency Response (DOER) is because it is a mobile communications center that has value from an emergency response perspective, not just a law enforcement perspective. He clarified that assessing the SWAT and CINT callouts will be focused on topics such as: was it an adequate response or an excessive response; were the available resources adequate or inadequate; was it the type of response that was needed in the community; etc. The SWAT call out recommendation was not dependent upon the Truck 99 recommendation. Alderperson McGonigal asked whether equipment will need to be removed from Truck 99 if the City transfers it to the County. County Administrator Molino responded that the communications equipment would stay in the vehicle and in some cases would be upgraded; however, the law enforcement equipment would not continue to be stored in the truck. Alderperson McGonigal questioned whether the County had adequate space to house the vehicle. County Administrator Molino responded that DOER has a garage that the truck could be stored in. Alderperson Murtagh stated that he has a lot of concerns regarding recommendation #1. He stated that no one on Council questions the idea of having a combined response of armed law enforcement personnel with unarmed social service/mental health workers. In fact, the City has a long history of this type of response with the Tactical Services Unit that was created after the death of Officer Michael Padula in the line of duty that teamed up law enforcement and mental health professionals on mental health related calls; the Community Outreach Worker program; and the LEAD program. He questioned why the City wouldn’t expand the programs that already exist and shrink the police department through attrition. He noted that the existing partnerships with unarmed responders work well because they are not part of the bureaucracy. He reiterated that the officers are going to be maintained, they will not have re-apply for their jobs, and can keep the representation of the PBA. He stated that this may be a simpler approach; expand the existing programs and hire fewer officers. He voiced his belief that the City can get to a place that aligns with the spirit of this report. Mayor Myrick stated that it is important that the alternative response systems already in place continue. The proposed community solution workers would be taking on calls that don’t require an armed response and that may be mental health focused. These response workers should have a close relationship with police officers and the Investigation Division. Cross-department collaboration with the police department has been challenging in the past; however, if these workers were in the same department, they would have a unity of mission and a shared culture. He stated his belief that there would be a real benefit of having a director of the department that is not necessarily a police chief. He explained that by the time someone becomes a police chief they are vested in the system, have come up through the ranks, and are ready for retirement; noting that the City has had seven police chiefs in the past twenty years. He stated that in the absence of consistent leadership at the head of the department, it is difficult to bring about initiatives such as community building, programming, wellness, and training. It would be useful to recruit for a broader and more diverse array of skills including administrative skills and experience in managing complex organizations. He stated that independent alternate response agencies are still very important to the work of the community. County Administrator Molino responded that the purpose of Executive Order 203 is to acknowledge that marginalized members of the community, particularly people of color, have been negatively impacted by inequities in policing. The strategies for change must be looked at through that lens. The intent was not to create alternative response models, unless it is going to have a positive impact and will end inequities in policing. He further noted that a lot of trauma has been expressed about the SWAT vehicle, particularly by marginalized members of the community and people of color. He noted that the vehicle is an asset; however, its distribution, its use, and its branding should change in order to acknowledge and address that negative impact. He further addressed the question about collecting demographic information during traffic stops. He noted that the most common interaction the public has with law enforcement is during traffic stops. It is a very documented and common situation that provides for racial profiling which leads to disproportionate contact with minorities. The City or the County does not collect demographic information, so we don’t know what the demographics are or what the impact is on the community. He noted that 75% of traffic stops analyzed resulted in warnings. Of the other 25% that were issued tickets, more than half of them were dismissed. He stated that it would be March 10, 2021 3 helpful to have those demographics: how the traffic stop was initiated, what was the reason for the traffic stop, what was the correlation between the outcome of the traffic stop and its initial intent, and how the outcome was finally adjudicated. That data would compel the question of whether there is disproportionate contact with minorities related to the way we conduct traffic stops and if so, it should lead to changes in the way we conduct traffic stops. It would also compel the question of whether traffic stops should be continued and whether there is a qualitative benefit from them. Mayor Myrick acknowledged that change is difficult, but the current system has not been working well for the police officers or for vulnerable communities. Building trust means making changes. Alderperson Fleming noted that she was mistaken about the meaning of recommendations #13 and #14. She stated that Alderperson Murtagh’s comments made a lot of sense and that the City could have more interaction with the Outreach Workers, the LEAD workers, and could also explore the possibility of expanding the role of the City’s Community Service Officers. She stated that there seems to be untapped potential for collaboration and expansion of roles short of the drastic measures called for in recommendation #1 as it is currently written. Alderperson Brock stated that as a minority and a mother of black and brown children, she fully understands and recognizes that change needs to happen. She stated that the community has a breach of trust with law enforcement and is not interacting with them as fully, cooperatively, and transparently as they could. The lives of police officers are more dangerous and community is less safe as a result. She applauded the overarching goals of the report and recognized the comments made by Alderpersons Fleming and Murtagh. She stated that Common Council needs to ensure that the changes made are meaningful, not administrative, or bureaucratic. She noted that she would like to see an analysis of how as an organization, policies could be instituted that would create the types of results that the City would like to see. She referenced the implementation of annual review processes that would facilitate a higher level of professionalism, performance, and accountability of officers, and a policy regarding the duty to report improper activities amongst colleagues that includes retaliation protections, and compliance follow-through. She stated that these are actions that could be instituted without the proposed broader restructuring and are as meaningful as most, if not all, of the recommendations in the report. She further stated that the proposed structural realignment is confusing regarding how it would be implemented. She questioned whether the intention was to assign the Director position to Grade 12 of the Management Compensation Plan and move the Police Chief position to Grade 11 or would the Police Chief position be eliminated entirely and the Deputy Police Chief position remain. She questioned what the benefit was of having an additional layer of management over the police officer in charge of law enforcement operations. She stated that the Resolution refers to retaining police officers in the department and also refers to transitioning police officers within the organization and questioned what that meant. She requested further elaboration on what the goals and objectives of this recommendation are; what the benefit of having a civilian director over a police chief is; what the goals of the transition are; and what is hoped to be achieved in this new structure that doesn’t exist now. Mayor Myrick stated that it is a good idea to suggest additional things that can be done in the department and within the organization. He stated that the added benefits of having a civilian director can be written down and shared. He further noted that the details of the implementation are items that Common Council and the community would decide together over the next couple of years. The idea is to fold together both law enforcement and non-law enforcement responses to public safety needs into a single department reporting to one Director. He noted that there would be a chance that this Director would have greater longevity like the other department heads. Alderperson McGonigal noted that he likes that non-armed officer tasks that have been identified. He stated that social services and mental health workers are the County’s responsibility and that the City should collaborate, but not hire those types of workers given the status of the City’s budget. He stated that this initiative is about developing trust between law enforcement and the black and brown communities. He commented that a lot of community picnics and events have included Truck 99 so that kids and residents could tour it. It resulted in people interacting with the police on a friendly and personal level, and he’d like to see more of that even if the truck is under the County’s purview. He stated that the Mayor has assured everyone that the police officers’ jobs are not in jeopardy; however, there is a line in Resolution regarding the funding of transitioned positions in the budget. He asked the Mayor to clarify the meaning of that language. Mayor Myrick responded that Council would need to fund all police March 10, 2021 4 officer positions and he believes that Council’s intention is to fund as many armed officers as currently exist in the department. Alderperson McGonigal stated that the language surrounding the proposed department could be simplified by naming it the “Public Safety Department” and naming the unarmed officers as “Public Safety Officers” and the armed officers as “Police Officers”. Alderperson Lewis voiced her appreciation for Alderperson Murtagh’s comments. She noted that the 1st recommendation of the draft proposal has been the biggest topic of conversation among the people she has interacted with. The other recommendations have not been debated or raised as concerns. The consensus has been that recommendations #2-19 will bring about much needed change, especially to some marginalized communities in the City and County. She said that she also has reservations about recommendation #1 as written, but would like to see the police department augmented by additional unarmed community outreach workers. She would also like to see a continuation and further building of relationships between police officers and community outreach/social workers. She supports moving forward with recommendations #2-19 where there is a great deal of support. She asked if there was interest in a revision of the 1st city-specific recommendation, and proposed using existing data to study the creation of a Department of Community Solutions and Public Safety, possibly led by a Director who may be a civilian employee to oversee various public safety functions in the City, and report to Common Council no later than November 1, 2021 with the proposed structure, staffing, and budget. She stated that she believes the recommendations are being confused with implementation, explaining that the implementation will take a number of years, and will require staffing and budgetary commitment. Alderperson Kerslick questioned the best way for Council to achieve two major objectives: greater accountability and change in organizational culture. He noted that it is difficult to separate the idea of changing culture with the idea of how this works in practice. He voiced concern regarding the confusion about the roles of the proposed positions. He noted the importance of obtaining agreement from IPD about the kind of culture changes they would make and how specifically they would achieve them. Alderperson Gearhart voiced his appreciation to everyone who participated in this effort, noting that there are a lot of smart and talented people from city, county, and community who worked together on this. He stated his belief that Council agrees that there is a need to have this variety of services available to the people in the community. Having collaboration between law enforcement and the mental health/social workers is the ultimate outcome and goal, but he questioned what the best structure would be to facilitate that. He expressed the need for more information on what Council can expect in terms of the financial impacts of these recommendations. Mayor Myrick responded that the County has pulled together budget estimates with the assistance of the Human Resources Director and the City Controller. He stated that the range of budget estimates on recommendation #1 will vary greatly, noting that the Facilities Master Plan has identified the Hall of Justice building as being the highest in need of being replaced. If the City is talking about simply hiring a Director of Public Safety, that is a completely different set of numbers. Council will have to decide that the City will continue planning and thinking on this process in the months ahead. Tompkins County Chief Equity and Diversity Officer Carrithers stated that many of these items are a matter of will, such as the development of policies, lobbying efforts, the development of an alternative response plan, training budgets, the Community Healing Plan, the Peer Support Model, a community hub, etc. What is being provided is the base level budget estimates which may grow as new ideas are formed. Alderperson Gearhart questioned whether Council would receive a variety of funding scenarios related to recommendation #1. Mayor Myrick stated that the group could put together a scenario consisting of module components. Alderperson Murtagh commented that the data that has been collected from the survey and the focus group justifies a number of the recommendations, but it doesn’t necessarily relate to recommendation #1. He referenced the support for police officers and questioned where this idea came from, as it doesn’t feel like there was a mandate based on the data that was gathered. He further referenced the other proposals such as the one that would give subpoena power to the Community Police Board, noting that getting a vote on this report would be a massive achievement for the community. Mayor Myrick responded that the genesis of the idea to restructure the Police Department came from the data collected from police officers that indicated they were responding to a lot of calls that did not require an officer response, along with the feedback from community members who were reporting that often they didn’t feel comfortable with a militarized police response. There was also the difficulty of recruiting diverse March 10, 2021 5 people into the field right now. The City wants a more diverse workforce and so does the community; however, when asked if they would join the department or recommend someone they know to join the department, the answer was “no”. It generated the question of how the City could create opportunities in public safety service delivery that could diversify our workforce. The answer is to recruit people from diverse communities who aren’t necessarily interested in signing up to become a police officer. Alderperson Nguyen noted that moving forward, a list of proposed amendments should be created so that Council can make decisions at the upcoming meetings. Instead of focusing on recommendation #1 he would like to start focusing on everything else that could be accomplished in the short-term, such as the two requests for New York State that require approval of Resolutions, kicking off the Civil Service exam reformation process, the development of a data collection policy, purchase of the data dashboard software, and committing to hiring four more community outreach workers by defunding vacant police positions. He expressed his interest in accomplishing some the recommendations as quickly as possible. Alderperson Lewis acknowledged that the community has doubts that real change will come from this endeavor, and she would also like to move quickly on some of the items such as the advocacy pieces. She stated this is important work and should be done regardless of Executive Order 203; however, since the Order has been issued by the Governor, she questioned whether funding would be made available from the State for implementation. Mayor Myrick stated that this question should be forwarded to the New York State Legislature and the Governor. Alderperson Brock suggested that the date of the draft report be included in the Resolution. She further clarified that the City would not be revising the civil service exam itself, only advocating for change. She thanked the Mayor for circulating the Draft Resolution and noted that it is available on the City’s website in the Agenda Center. She reaffirmed that the Resolution states that police officers will retain their jobs; they will keep their civil service status; their police status; their benefits; that there will be enough positions for everyone who is currently a police officer; and that they will continue to operate under the current PBA contract until a new contract is negotiated. Alderperson McGonigal added the idea that if there are two groups of public safety officials, it is very important that the armed officers are not separated further from the community by only having them focus on serious and/or violent crime. Both the City and the police department want them to be involved in the community. Alderperson Mohlenhoff commented that Council seems to be focusing on recommendation #1 but noted that all of the recommendations are quite significant. She stated that staying at the status quo is not an option. This is not just a reaction to the current national backdrop; it has been coming for a long time. Officer mental health and morale is not good, and we’re looking at them on their worst days. The City was progressive when it tried to fund the Community Action Team which is an idea that could potentially be revisited in report. She agreed with Alderperson McGonigal regarding further segmenting the armed officers from the community; the spirit of Executive Order 203 is to figure out how to rebuild trust and relationships and community investment in the future. She encouraged Common Council to think about recommendation #1 from a new perspective; imagine what is possible and think about this along with the new voices that have been included at the table. The police hate that people in the community feel this way about them. She questioned how the City can connect those pieces and find the place in the middle where everyone is comfortable. She explained that through this process, the word “replace” got twisted into the word “abolish” and it made everyone scared and uncomfortable, and feel unappreciated and disrespected, and that was not the intent. She voiced her hope that moving forward people will be able to think about the spirit and elements of recommendation #1 while making sure that all of the people are at the table, and that all of these voices intermingle to build the bridge that will make all of this possible. She further stated that she would like to understand the role of the Community Justice Center better and questioned whether they are expected to assist the city in implementing some of the pieces of recommendation of #1 or if the City was expected to reimagine what the police department could look like on their own. Mayor Myrick responded that more information regarding the role of the Community Justice Center will be forthcoming Alderperson Smith stated that he was struck by how much commonality there is in the room. He voiced his appreciation for the tone and the work that everyone has done to get to this point. He noted that recommendation #1 has identified the “elephant in the room”, and the City owes a lot of people in the community a conversation about this recommendation. He stated that this legislation represents the most anti-racist conversation that he has seen at Council and it has March 10, 2021 6 been by far the most comprehensive and potent conversation. He commented that having the conversation and coming up with a solution that will work for both the community and the officers is important. Mayor Myrick noted that the budget document and FAQ document will be available soon. He stated that he will add a public comment period to next Tuesday’s meeting. County Administrator Molino highlighted the upcoming public hearings at County meetings. ADJOURNMENT: On a motion the meeting adjourned at 7:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole 6:00 p.m. March 16, 2021 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb Human Resources Director – Michell-Nunn Chief of Staff – Cogan Police Chief – Nayor SPECIAL ORDER OF BUSINESS: Public Comment Session on the Draft Reimagining Public Safety Report Mayor Myrick welcomed the speakers and explained that tonight’s meeting is dedicated solely to hearing comments from members of the public. The Draft Reimagining Public Safety Report will be discussed at the March 24, 2021 City Administration Committee meeting and all members of Common Council are encouraged to attend. The report will be considered at the March 31, 2021 Special Common Council meeting. The following people addressed Common Council regarding the Draft Reimagining Public Safety Report. This public comment session can be found here: https://www.youtube.com/watch?v=EgEGcUiBk1k&list=PLfplo_VA57eoynrqxkGvi11vxHl wByjZw&index=23 Matthew Schweiger, Ithaca Police Department James Davenport, Ithaca Police Department Mariel Schickling, Ithaca Police Department Richard Wells, Police Conference of New York Zachary Winn, City of Ithaca Michael Meskill, Ithaca Police Department Rayvon Kenyon, City of Ithaca Jay, City of Ithaca Gideon Casper, Town of Ithaca Frank Stento, City of Ithaca Yasmin Rashid, City of Ithaca Angela Nash, Town of Caroline Jordan Clemons, City of Ithaca Aaron Arm, Town of Caroline Katie Anderson, Village of Lansing Jude Forgatch, Town of Ithaca Discussion followed on the floor regarding the meeting with PBA which will be held in person on Thursday. Alderpersons Lewis, Brock, Nguyen, and McGonigal noted that they would be available to meet. Mayor Myrick announced that the Green Building Policy will be discussed at tomorrow night’s Planning and Economic Development Committee and all Common Council members are invited to attend. ADJOURNMENT: On a motion the meeting adjourned at 8:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 6:00 p.m. March 31, 2021 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb Human Resources Director – Michell-Nunn Chief of Staff – Cogan City Attorney - Lavine Police Chief – Nayor Deputy Police Chief – Joly Deputy Police Chief – Monticello Tompkins County Administrator – Molino Tompkins County Chief Equity and Diversity Officer - Carrithers Tompkins County Communications Director – Recckio SPECIAL ORDER OF BUSINESS: Mayor Myrick opened the meeting by reminding everyone why we are here. Approximately one year ago, the death of George Floyd at the hands of a police officer sparked the largest civil uprisings in American History. The movement was larger than that however; it was about generations of mistrust between law enforcement and the black community in particular, and the vulnerable populations more broadly. The City set out, following a mandate from the Governor, to create a new system of public safety. In that the process, we relied on hundreds of volunteers, thousands of people who shared their input, the 50+ people who served on the collaborative, and support from the Center for Policing Equity. He specifically thanked Human Resources Director Schelley Michell-Nunn for being the City’s liaison to that work, Alderperson Ducson Nguyen for being the Common Council liaison to the Reimagining Collaborative, and our partners at Tompkins County including Chief Equity and Diversity Officer Deanna Carrithers, Communications Director Dominick Recckio, and County Administrator Jason Molino whose professionalism and excellence was unparalleled. Their commitment to collecting robust public input and to dig deep through qualitative surveys and focus groups helped to inform the clearest picture of the current scene of law enforcement in our community, and to create an impressive and inspiring road map to fix the problems. The survey feedback indicated a desire to prevent police violence and to prevent violence against police officers; a desire to rebuild the trust that caused many crimes to go unreported because people didn’t feel safe calling the police department; to fix the fact that many reported crimes go unsolved because there is a lack of communication and trust between the community and the police department; a desire to bridge those barriers and to build a new form of public safety that respects and includes all of the existing police officers and creates a new culture with an unarmed alternative response; better and different training that includes de-escalation training; new types of screening that involves the community in the hiring and promotion of police officers; a more robust Community Police Board with subpoena power; and the repurposing of the SWAT vehicle to make it less intimidating and more useful to the broader community. He noted that the the recommendations in the report have already changed and will continue to change as situations evolve. He expressed the need for more time, more study, and to continue to bring people into the process including the PBA. March 31, 2021 2 Mayor Myrick highlighted changes that were made to the Resolution being considered tonight: • Tompkins County removed language in their Resolution regarding the acceptance of Truck 99 from the City so there is a recommendation to develop a joint community and IPD-TCSO task force to review the use of Truck 99 and explore alternative or expanded functions along with the possible transfer of ownership. • The naming conventions of the department have been made tentative pending further study. • A recommendation has been included to create a task force to design the new department • Two Resolved clauses were added to state clearly that current members of IPD will retain their jobs, maintain the protections afforded to them through Civil Service and the PBA, and that their benefits will be protected. A Resolution Adopting and Authorizing Mayor to Submit the Reimagining Public Safety Plan Pursuant to New York State Executive Order 203 By Alderperson Nguyen: Seconded by Alderperson Smith WHEREAS, The New York State Governor issued Executive Order 203 in order to call upon local governments that operate police agencies to study their current operations and 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” with a directive to respond to the Governor by April 1, 2021, and WHEREAS, the City of Ithaca and Tompkins County conferred and saw a favorable moment for significant positive changes in policing practices, and determined that a joint investigation of this issue would provide the greatest opportunity to apply resources to the project and to reach consistent recommendations in a joint plan that would apply to the two largest policing agencies in the County, being the Tompkins County Sheriff’s Department and the Ithaca Police Department, and WHEREAS, beginning in September 2020, the City and County appointed nearly forty individuals, based upon their content expertise, role within the system, and the ability to address and implement solutions, to participate on five Working Groups (Leadership/Administration/Budget, Communications/Community, Law Enforcement/Public Safety, Data Analysis, and Academic/Research), with each Working Group charged to gather information and examine specific functional areas within local law enforcement in a project that came to be called Reimagining Public Safety, and WHEREAS, the City of Ithaca and Tompkins County engaged the services of a consultant, Center for Policing Equity, to assist with the administration and organization of the study of these policing issues, including examination of police force deployments, strategies, policies, procedures, and practices, and to provide informational resources to the Working Groups, and WHEREAS, in conjunction with the formation of the Working Groups, the City and County consulted with the Tompkins County Sheriff and the City Police Chief, and members of law enforcement, together with an extensive effort to receive public comment from as broad a range of community members as possible, using various tools, including issuing calls for comments, question and answer sessions with community leaders, surveys, interviews, and the use of focus groups to target specific segments of the populations such as the houseless, people of color, and those who have been involved within the criminal justice system, with the goal of obtaining as clear a view as possible of the current state of policing and the community perceptions of policing, and March 31, 2021 3 WHEREAS, beyond complying with the requirements of the Governor’s Executive Order 203, the intention of this project has been to make a good faith effort on a local level towards long term substantive improvement in our criminal justice system, recognizing that formulating the present recommendations in the joint plan would set the community on a pathway that will require consistent and persistent dedication to effect positive change, and WHEREAS, recognizing the benefit to be achieved by developing a joint plan that reflected a consistent and coherent set of recommendations across the City and County, staff from the City and County worked collaboratively to prepare a Draft Report entitled “Public Safety Reimagined. Recommendations report following a collaborative effort between the City of Ithaca & Tompkins County, N.Y.”, which Draft Report contains a description of the process followed and a draft list of proposed City, County, and joint recommendations made in response to the Governor’s Executive Order 203, and WHEREAS, the City of Ithaca and Tompkins County having received the Draft Report, and having conducted town halls, public forums, and public hearings after publication of the Draft Report, and the City of Ithaca Common Council and the Tompkins County Legislature determining that an opportunity for meaningful action is possible through development of a joint plan; now, therefore, be it RESOLVED, That the Draft Report entitled “Public Safety Reimagined. Recommendations report following a collaborative effort between the City of Ithaca & Tompkins County, N.Y.” be accepted, with the gratitude of Common Council for the effort of the consultants at Center for Policing Equity, all those individuals who participated on the Working Groups, members of law enforcement, including the Ithaca Police Chief, Dennis Nayor and Tompkins County Sheriff, Derek Osborne, the Tompkins County District Attorney, the Director of Assigned Counsel, the City and County staff who provided support in the preparation of the Draft Report, and those community members who offered their opinions, viewpoints, ideas, and hope for positive change including equity and safety for all residents, specifically people of color, and, be it further RESOLVED, The City of Ithaca Common Council adopts the following joint recommendations: • Evaluate existing models and implement an alternative to law enforcement response system for crisis intervention and wraparound health and human services delivery. • Collect and evaluate the results of officer-initiated traffic stop enforcement • Identify new curriculum, redesign and implement a culturally-responsive training program that incorporates de-escalation and mental health components into a comprehensive response for law enforcement • Develop a comprehensive community healing plan to address trauma in the relationship between residents and law enforcement • Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources • Develop a real-time public safety community dashboard. • Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers. • Develop a County-wide program to promote and support holistic officer wellness. • Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County. March 31, 2021 4 • Develop a joint community and IPD-TCSO task force that will review the use of Truck 99 and explore alternative or expanded functions and possible transfer of ownership. The resulting plan should maximize the truck's use in enhancing public safety and supporting crisis management, educate the community about the expanded role, and respect the origins and legacy and spirit of the CINT program in Ithaca. • Conduct a review of SWAT callouts to determine appropriate use of service and equipment. • Revise the Civil Service exam process to diversify law enforcement personnel. • Advocate for New York State to grant local civil service authorities the authority to enact “continuous recruitment” of eligible candidates for law enforcement personnel. • Urge Governor Cuomo and/or the New York State Legislature to reform disciplinary procedures for law enforcement personnel under Civil Service Law Section 75; and, be it further RESOLVED, Common Council adopts the following City-specific recommendations: • Create a Department – tentatively named the Department of Community Solutions and Public Safety (DCSPS) - led by a Superintendent who may be a civilian employee, to oversee various public safety functions in the City. • Create a task force to design the DCSPS to manage various public safety functions in the City o This task force shall include some combination of IPD staff, other City staff, Alderpersons, interested City residents, and outside experts or consultants o The DCSPS will include a unit of unarmed first responders to respond to certain non-violent call types. The precise identification of such call- types shall be subject to further study to minimize risks to the public and to unarmed first responders that could arise if violence occurred o The DCSPS will retain a unit of armed, uniformed first responders who shall qualify in all respects under New York State law as police officers, with said unit therefore led by someone who shall qualify in all respects under New York State law as a Chief of Police o The DCSPS may be overseen by a Superintendent with relevant emergency response and administrative experience who can lead the DPS toward the goals of the “Reimagining Public Safety Plan” o The task force shall submit its recommendations, including budget estimates, naming conventions, and a timeline for public review and comment, to Common Council by September 1st, 2021 • Grant City of Ithaca Community Police Board more oversight authority; With the above listed sixteen recommendations constituting its plan, and be it further RESOLVED, That the Mayor and Common Council recognize the rights, under applicable labor law, of the non-managerial members of the unit of police officers referred to above, excluding the Chief and Deputy Chiefs, to continue to be represented by the current collective bargaining representative, the Ithaca Police Benevolent Association, Inc. (PBA), and for the City and PBA to continue to be subject to and governed by all terms and conditions and benefits of employment as exist by law, and its applicable collective bargaining agreement, memoranda of agreement, interest arbitration awards, and retirement under the New York State Police and Fire Retirement System as applicable, and for the civilian unarmed first responders to March 31, 2021 5 organize and collectively- bargain with the City under such legally-available labor organization and format as the applicable membership may select, and, be it further RESOLVED, That the Mayor and Common Council shall implement any further organizational restructuring in such a manner that the employment of each of the current police officers of the Ithaca Police Department shall continue uninterrupted by such a restructuring, retaining their positions and rank in the Ithaca Police Department, without being required to apply or reapply in order to maintain their current positions and rank, and retaining their civil service status, authority, and benefits of the title including all terms and conditions of employment and benefits as exist by law and under their applicable collective bargaining agreement, memoranda of agreement, and interest arbitration awards as applicable, and remaining subject to all duties and obligations required of them under each of the foregoing and under the rules and regulations of the Ithaca Police Department, and, be it further RESOLVED, That the Mayor is authorized to deliver the above stated plan to the New York State Budget Director, Robert Mujica, on behalf of Common Council in accordance with the requirements of Executive Order 203, and to certify to the State Budget Director that the City of Ithaca has complied with the required process, and, be it further RESOLVED, That Common Council and the Mayor shall determine next steps to develop the programmatic expression of its plan, determine budget priorities, and work with City staff and the community to implement these recommendations, and to do so where applicable in cooperation and collaboration with Tompkins County, and, be it further RESOLVED, That a copy of this resolution shall also be sent to Governor Andrew Cuomo, Senator Thomas O’Mara, and Assemblywoman Anna Kelles. Alderperson Lewis voiced her appreciation for the Mayor’s comments and all of the work and effort that many people have devoted to reimagining public safety in the community. She noted that people may approach this work from different perspectives and life experiences, but it is something that everyone cares deeply about. She noted that some of the hard work is only beginning now. The implementation of these plans will be multi-year and multi-budget cycle processes. She offered the following Friendly Amendments: • In the first Resolved clause, add the names of the District Attorney and Director of Assigned Counsel for consistency. • In the second Resolved clause – number the bullet points for ease of reference. Amending Resolution By Alderperson Lewis: Seconded by Alderperson McGonigal RESOLVED, That bullet point 10 be removed from the joint recommendations in the second Resolved clause, and be it further RESOLVED, That the language “including Truck 99” be added to bullet point 11 in the second Resolved Clause. Discussion followed on the floor with Mayor Myrick explaining that Tompkins County is not interested in taking over Truck 99. The decision now is whether to leave the truck as is, or to repurpose it in some way. If the desire is to repurpose it, what is the best approach. Alderperson McGonigal voiced his support for removing bullet point 10 but agrees that the repurposing of Truck 99 needs to be studied further. He noted that IPD has already developed a plan on how the vehicle can be redesigned and rebranded. Alderperson Brock referenced Recommendation 14 of the Report which is what bullet point 11 refers to. She believes that bullet point 11 encapsulates the intent of the newly March 31, 2021 6 included bullet point 10. She noted that the County has already adopted their Resolution which did not include bullet point 10 as a joint recommendation and suggested that if there is a desire to keep the language, perhaps it should be in a separate Resolved clause. She voiced her support for deleting bullet point 10; however, she does not support adding the proposed language to bullet point 11 as the County’s Resolution does not include it. Alderperson Murtagh stated that he would like to see this Resolution align with what County has already approved. He commented that he supports the idea of the creation of a City/County task force to study the future use of Truck 99 and its potential expanded functions as it is a shared service. Alderperson Nguyen voiced his support for keeping bullet point 10 in the Resolution as this vehicle was heavily commented on throughout the process. He further stated that he believes that the County would be interested in participating on a task force as it is a shared service. Alderperson Gearhart voiced his support for the removal of bullet point. He noted that the other bullet points are not as detailed as this one, and there is an assumption that they are indexed to recommendations in the report that have additional details included. He voiced his confidence that the intent of this language is included in those recommendations and will be incorporated through the implementation process. Alderperson Brock recommended that for the sake of consistency between the City and the County Resolutions that the proposed language “including Truck 99” be removed from bullet point 11. This was approved as a Friendly Amendment. Alderperson Smith stated that he sees the merit in having the City’s Resolution mirror the County’s Resolution. He noted that Chief of Staff Cogan suggested that bullet point 10 could be moved to the third Resolved clause under the City specific recommendations. He voiced his support for this option as there is a special symbolism of this vehicle in the eyes of the public, and he believes that warrants this issue being specifically called out. Amendment to the Amending Resolution By Alderperson Smith: Seconded by Alderperson Murtagh RESOLVED, That bullet point 10 be moved from the second Resolved Clause to the third Resolved clause, under the city specific recommendations, and remove the language “and possible transfer of ownership”. Discussion followed on the floor regarding other options to amend this language. A vote on the Amendment to the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution as Amended A vote on the Amending Resolution as Amended resulted as follows: Carried Unanimously Amending Resolution By Alderperson Fleming: Seconded by Alderperson Brock RESOLVED, That the third Resolved clause be amended by deleting bullet point 1, and be it further RESOLVED, That second sub-bullet point of bullet point 2 in the third Resolved clause be amended to read as follows: o The DCSPS will include a unit of unarmed first responders to respond to certain non-violent call types. The precise identification of such call- types shall be subject to further study to minimize risk that could arise if violence occurred. and be it further, March 31, 2021 7 RESOLVED, That a sub-bullet point be added to bullet point 2 in the third Resolved clause to read as follows: o The Task for may explore changing the name of the department. Following discussion regarding separating out the proposed Amendments, this Motion was withdrawn by Alderpersons Fleming and Brock. Amending Resolution By Alderperson Fleming: Seconded by Alderperson Brock RESOLVED, That the third Resolved clause be amended by deleting bullet point 1. Alderperson Fleming explained that she doesn’t like the language in this bullet point as the words “create a new department” imply that the existing department is being eliminated. She further stated that she would like the Task Force to recommend the department name change and what the title of the head the department would be. Discussion followed on the floor regarding the logistics of the implementation of this bullet point in regards to potential City Charter and Code changes, and a potential permissive referendum. Alderperson Brock voiced her opinion that this motion would allow more time for Council to become better educated on what the implications of this bullet point are prior to its adoption. Mayor Myrick spoke about the benefits of having an opportunity to create a new department and to build a culture, policies, and tactics that correspond to present day needs. He further stressed the need for a clear direction for the task force that will be working on this initiative. Alderperson Nguyen voiced his agreement with the Mayor about sending a clear direction to the task force. This is a mechanism through which the City can achieve the cultural and accountability changes it is looking for. He further expressed his desire to see this issue go to referendum as he believes it is one of the best ways to get complete public engagement. Alderperson Smith stated that the existing language in bullet point 1 is very important to the black and brown people in his networks. He stated that there is a hunger for an obvious reset of what the structure of public safety looks like in the City of Ithaca. They want to see a new department, a departure, and a rebuilding of something for our community and not the enhancement of a system that there isn’t much trust in. Alderperson McGonigal questioned whether the words “restructure IPD” would work. Alderperson Fleming clarified that had she continued with her other proposed changes, the next bullet point would be: • To create a task force to study the structure of IPD and develop a data driven plan to reorganize IPD in a way that will best serve the public safety needs of the City. She stressed the importance of the creation of a data driven plan and the City’s desire for a department that would best serve the public safety needs of the community. Alderperson Mohlenhoff expressed her desire to retain the spirit and intent of recommendation #1 while making sure that the perspectives of the people who will need to be involved in the design and implementation of the plan are included. She expressed a desire to have all of the people at the table to figure out what is working and what is not working, for both the police and the community. She explained how she interpreted the term “create a new department”, and highlighted the importance of setting a direction for a new Superintendent, who will be overseeing these collaborative functions, to work within. She further noted her comfort with removing the proposed name of the department and some of the other details and letting the task force develop those recommendations. March 31, 2021 8 Amendment to the Amending Resolution By Alderperson Murtagh: Seconded by Alderperson RESOLVED, That the first two bullet points under the City specific recommendations be combined to read as follows: • Create a task force to design a new department which may be led by a civilian director to manage various public safety functions in the City. This was considered as a Friendly Amendment to the Amending Resolution. Mayor Myrick noted that this new language will cost the City community buy-in and engagement because the message it sends is that Common Council decided to create a task force to study the idea. He stated that the number one comment repeated throughout this process was “I’ve been down that road before, they are going to create a committee; they are going to shelf this and it is never going to happen”. If the decision is to create a new department, the next five months of study and design will be made easier by being able to reference this Resolution that states that Council has created a new department and our job is to design it. Alderperson McGonigal voiced his opinion that the name “Department of Public Safety” makes more sense than the “Department of Community Solutions and Public Safety”. He also reiterated his wish to identify police officers as police officers. Alderperson Lewis noted the difficulty in editing this Resolution on the floor of Council. She voiced her agreement that a clear message needs to be sent to the community and IPD that there will be real change. The task force will submit its recommendations including budget estimates, naming conventions, and a timetable for public review and comment to Common Council by September 1, 2021. She believes everyone is committed to real change with a deadline in place. Alderperson Kerslick stated that he likes the idea of combining the language of the two bullet points and feels as if the task force is being given direction of what this new department will look like. He stressed the importance of developing a plan that has the best chance of success, especially if it will be going to a referendum. Alderperson Smith also voiced support for the words “create a new department”. He voiced his appreciation for the attempt to combine the 2 bullet points but feels strongly that Council needs to plant a flag and send a clear message to the community that Council is creating something, and that real change is coming with a new department. The task force can review data and come back with their recommendations on structuring the new department. He voiced his belief that if something changes and a future Council does not want to implement the task force recommendations, they should have to vote to remove the new department. Alderperson Murtagh proposed the following language for bullet points #1 and #2: • Create a new department which may be led by a civilian director to manage various public safety functions in the City. • Create a task force to implement the new department Alderperson Fleming stated that she does not consider this a friendly amendment. She explained that she believes the job of the task force is to design the department; the job of Police Chief, the Department Director, and the Mayor is to implement the department. Alderperson Gearhart stated that he also wants to set a strong tone regarding the creation of a new department. He suggested that the word “design” be used instead of “implement” in bullet point 2 of Alderperson Murtagh’s proposal. Extensive discussion followed on the floor regarding the differences between the two proposals on the floor and the signals they send to the community. March 31, 2021 9 Amending Resolution A vote on the Amending Resolution resulted as follows: Ayes (4) Brock, McGonigal, Fleming, Lewis Nays (6) Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff Failed (4-6) Amending Resolution: By Alderperson Murtagh: Seconded by Alderperson Gearhart RESOLVED, That the first two bullet points under the City specific recommendations in the third Resolved clause be amended to read as follows: • Create a new department which may be led by a civilian director to manage various public safety functions in the City. • Create a task force to design the new department. Discussion followed on the floor regarding the proposed name of the department. Alderperson McGonigal’s suggestion of the name “Department of Public Safety” was accepted as a Friendly Amendment. The wording of the proposed first bullet point will read as follows: • Create a new department, tentatively named the Department of Public Safety, which may be led by a civilian director to manage various public safety functions in the City. Alderperson Fleming suggested that all of the acronyms be changed from DCSPS to DPS. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution: By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That the third sub-bullet point under the City specific recommendations in the third Resolved clause be amended to read as follows: o The DPS will retain a unit whose members will qualify in all respects under New York State law as police officers, with said unit therefore led by someone who shall qualify in all respects under New York State law as a Chief of Police Mayor Myrick indicated that he is happy to leave the naming conventions to the task force. A vote on the Amending Resolution resulted as follows: Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Kerslick Mohlenhoff, Lewis Nays (1) Smith Carried (9-1) Alderperson Brock questioned if changing the name of the department would affect the provisions of the PBA contract. City Attorney Lavine responded that a name change would not impact the ongoing nature of the collective bargaining agreement with the PBA. Alderperson Murtagh noted that he has concerns with the unarmed portion of the response being housed within the new department, noting that he would like to retain the flexibility to explore other models. Discussion followed on the floor regarding the joint City/County recommendations and the County’s commitment to providing an alternate response method. Alderperson Lewis stated that she was pleased that the task force would be looking at this as she also questioned how the unarmed unit would be interpreted. March 31, 2021 10 Amending Resolution: By Alderperson Lewis: Seconded by Alderperson Brock RESOLVED, That the following language be added as an additional joint (City/County) recommendation in the Second Resolved clause: • Develop a comprehensive community policing and outreach plan to connect law enforcement and residents. Alderperson Lewis noted that this language is included in the County Resolution. Discussion followed on the floor regarding the proper positioning of this Amendment in the Resolution. A vote on the Amending Resolution resulted as follows: Ayes (7) Brock, McGonigal, Murtagh, Gearhart, Fleming, Kerslick, Mohlenhoff Nays (3) Nguyen, Smith, Lewis Carried 7-3 Amending Resolution: By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED, That the First Whereas clause be amended to read as follows: “WHEREAS, on June 12, 2020, New York State Governor Andrew Cuomo issued Executive Order 203 in order to call upon local governments that operate police agencies to study their current operations and 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” with a directive to respond to the Governor by April 1, 2021, and”, and be further RESOLVED, That the date of the Draft Report be added to the title of the document to read as follows: “Public Safety Reimagined. Recommendations report following a collaborative effort between the City of Ithaca & Tompkins County, N.Y. dated February 18, 2021”. Carried Unanimously Further discussion followed on the floor regarding the composition of the unarmed unit, the flexibility several different models provide, and the achievement of the goal of changing the culture of the department. Amending Resolution By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That the fourth sub-bullet point under the second bullet point in the City specific recommendations in the third Resolved clause be amended to read as follows: o The DPS may be overseen by a Civilian Director with relevant emergency response and administrative experience who can lead the DPS toward the goals of the “Reimagining Public Safety Plan” Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff, Lewis Nays (2) McGonigal, Fleming Carried (8-2) Amending Resolution By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That that all of the acronyms in the Resolution be changed from DCSPS to DPS. Carried Unanimously Alderperson Murtagh thanked everyone who was involved in this effort. He further thanked the PBA, especially its current leadership, as they struck a great tone throughout the process, have shown a lot of leadership, and have truly listened to Council’s concerns. It has given him a lot of hope for the future and their efforts have not gone unnoticed. March 31, 2021 11 Alderperson McGonigal seconded those sentiments, noting that this process hasn’t been easy for anyone, including the police. In addition to everyone who worked on this effort, he extended his thanks to members of Council and the Mayor for all the work that they have put into this as well. Alderperson Brock echoed Alderperson Murtagh’s comments and expressed gratitude to all of the people who were involved in this process. It was a tremendous undertaking and a much-needed effort. She noted that in the beginning she was skeptical and reluctant to engage with officers because of past experiences she’d had with them; however, this has been a very healthy process of reconciliation and listening to each other. The members of the PBA have been committed to working with all members of Council to navigate through this process. She clarified the record by stating that throughout this process and in her conversations, she had repeatedly asked the PBA to put in writing the steps that they would commit to in how they would work with the community to see this process forward. The letter they provided and much of the language that was in the proposed Resolution last week was done at her request, they were not trying to drive the process. At her insistence, they put in writing the kinds of things that they were thinking about in terms of how they would work with the community to address issues of public safety and be committed to this process. Alderperson Kerslick echoed the appreciation expressed to everyone involved in the process, and for the conversations that he’s had with the members of the PBA. He stated that the work starts now. He also voiced his appreciation for the conversations he’s had with his Council colleagues and acknowledged the members of the public who wrote individual letters to Council, noting that it was very helpful to have those comments. He believes that they have forged a path that will have the best chance of success and that this is a good approach to move this critical piece of legislation forward. Alderperson Fleming stated that she learned a lot through this experience and met a lot of IPD officers. She felt that this issue had been discussed thoughtfully and highlighted the fact that much of the discussion must be nuanced. She acknowledged the difficulty members of the public would have reading the entire 97-page report or even this Resolution and noted that this is a complicated issue that requires persistent and careful thinking. She urged everyone to avoid sound bites and stressed that Common Council’s intentions cannot be summarized in two sentences. Alderperson Gearhart thanked everyone for their hard work, especially those who did the heavy lifting. It allowed the community and Council to have great dialogs. He highlighted the level of collaboration that has taken place between Tompkins County, the City of Ithaca, Ithaca College, and many other local agencies and institutions and noted that this should become a model for future initiatives. Alderperson Smith stated that he agrees with the sentiments expressed by his colleagues. He noted that the survey results and the conversations he’s participated in have shown an equal desire on the part of the police and the community to build strong relationships and to be partners in this community. He stated that this is an opportunity to create a structure where that trust can be built, and that conversation geared towards a better society can continue. He stressed the importance of making sure that the next steps and conversations in the process are used to bridge that trust and expressed his hope that the police and members of the community fully participate. Alderperson Mohlenhoff echoed the sentiments that have been expressed and added her gratitude to all of the people who participated in this process. She referenced the news footage from today and stressed the importance of remembering the impetus for why these difficult conversations are being held and why the Governor pushed municipalities to do the hard work to move the needle on this issue. She stated that the lens they were tasked to look through, is the lens of the people who watched the George Floyd video footage and were terrified that it could have been them, their son, their brother, or their father. She stressed that we must change the narrative around this, and noted that the police have also expressed a genuine concern for changing the narrative and moving forward through healing. She noted that this is an investment in March 31, 2021 12 public safety in all regards. The purpose of doing this is to build a better community and to make sure that we have a positive impact on the people who expressed sentiments that they didn’t feel like human beings. She stated that this is a baby step, a first step, and a step in the right direction. She reiterated the mandate to ensure that the people who don’t usually have a seat at the table, have a seat now. Mayor Myrick acknowledged the unbelievable amount of courage it takes for vulnerable people in a society to share their experience with elected officials and to come forward and volunteer what they think can be done to make things better. This was scary. He stated that the largest police associations in the country have been sharing his image on social media, targeting him. He noted that it is scary for someone who signed up for that type of exposure and terrifying for the 50+ members of the community and the hundreds of Ithacans in extremely vulnerable places who never signed up for such a thing. They were very reluctant to come forward and very reluctant to discuss their ideas for improving public safety. This is a step in the right direction, but it is only one step. This will lead to serious structural reforms which will make everyone in the community feel safer; however, he doesn’t want to lose sight of those people. The last month and a half they have been overwhelmed by the serious, swift, and large amount of blow back brought to bear by the police associations. He stated that he has heard from some people who are very hesitant to continue to working on this process so he hopes that the City can lift them up too when we recognize what went right here. He expressed his hope that we can continue to reach out to them when we begin to design and build this department together. Alderperson McGonigal agreed with Mayor and noted that during this week of Passover, Easter, and Ramadan, it is a good time to think about a new start and treat each other with love and respect. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Mayor Myrick expressed his appreciation and thanks to Tompkins County Administrator Jason Molino, Tompkins County Chief Equity and Diversity Officer Deanna Carrithers, Tompkins County Communications Dominick Recckio, Ithaca College Professor Sean Eversley Bradwell, Ithaca College Professor Belisa Gonzalez, Human Resources Director Schelley Michell-Nunn, Police Chief Dennis Nayor, and Deputy Police Chief John Joly for their dedication and contributions towards this effort. The approved Resolution reads as follows: Resolution Adopting and Authorizing Mayor to Submit the Reimagining Public Safety Plan Pursuant to New York State Executive Order 203 By Alderperson Nguyen: Seconded by Alderperson Smith WHEREAS, On June 12, 2020, New York State Governor Andrew Cuomo issued Executive Order 203 in order to call upon local governments that operate police agencies to study their current operations and 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” with a directive to respond to the Governor by April 1, 2021, and WHEREAS, the City of Ithaca and Tompkins County conferred and saw a favorable moment for significant positive changes in policing practices, and determined that a joint investigation of this issue would provide the greatest opportunity to apply resources to the project and to reach consistent recommendations in a joint plan that would apply to the two largest policing agencies in the County, being the Tompkins County Sheriff’s Department and the Ithaca Police Department, and WHEREAS, beginning in September 2020, the City and County appointed nearly forty individuals, based upon their content expertise, role within the system, and the ability to address and implement solutions, to participate on five Working Groups (Leadership/Administration/Budget, Communications/Community, Law March 31, 2021 13 Enforcement/Public Safety, Data Analysis, and Academic/Research), with each Working Group charged to gather information and examine specific functional areas within local law enforcement in a project that came to be called Reimagining Public Safety, and WHEREAS, the City of Ithaca and Tompkins County engaged the services of a consultant, Center for Policing Equity, to assist with the administration and organization of the study of these policing issues, including examination of police force deployments, strategies, policies, procedures, and practices, and to provide informational resources to the Working Groups, and WHEREAS, in conjunction with the formation of the Working Groups, the City and County consulted with the Tompkins County Sheriff and the City Police Chief, and members of law enforcement, together with an extensive effort to receive public comment from as broad a range of community members as possible, using various tools, including issuing calls for comments, question and answer sessions with community leaders, surveys, interviews, and the use of focus groups to target specific segments of the populations such as the houseless, people of color, and those who have been involved within the criminal justice system, with the goal of obtaining as clear a view as possible of the current state of policing and the community perceptions of policing, and WHEREAS, beyond complying with the requirements of the Governor’s Executive Order 203, the intention of this project has been to make a good faith effort on a local level towards long term substantive improvement in our criminal justice system, recognizing that formulating the present recommendations in the joint plan would set the community on a pathway that will require consistent and persistent dedication to effect positive change, and WHEREAS, recognizing the benefit to be achieved by developing a joint plan that reflected a consistent and coherent set of recommendations across the City and County, staff from the City and County worked collaboratively to prepare a Draft Report entitled “Public Safety Reimagined. Recommendations report following a collaborative effort between the City of Ithaca & Tompkins County, N.Y.” dated February 18, 2021, which Draft Report contains a description of the process followed and a draft list of proposed City, County, and joint recommendations made in response to the Governor’s Executive Order 203, and WHEREAS, the City of Ithaca and Tompkins County having received the Draft Report, and having conducted town halls, public forums, and public hearings after publication of the Draft Report, and the City of Ithaca Common Council and the Tompkins County Legislature determining that an opportunity for meaningful action is possible through development of a joint plan; now, therefore, be it RESOLVED, That the Draft Report entitled “Public Safety Reimagined. Recommendations report following a collaborative effort between the City of Ithaca & Tompkins County, N.Y.” dated February 18, 2021 be accepted, with the gratitude of Common Council for the effort of the consultants at Center for Policing Equity, all those individuals who participated on the Working Groups, members of law enforcement, including Ithaca Police Chief, Dennis Nayor and Tompkins County Sheriff, Derek Osborne, the Tompkins County District Attorney Matthew Van Houten, the Director of Assigned Counsel Lance Salisbury, the City and County staff who provided support in the preparation of the Draft Report, and those community members who offered their opinions, viewpoints, ideas, and hope for positive change including equity and safety for all residents, specifically people of color, and, be it further RESOLVED, The City of Ithaca Common Council adopts the following joint recommendations: 1. Evaluate existing models and implement an alternative to law enforcement response system for crisis intervention and wraparound health and human services delivery. 2. Collect and evaluate the results of officer-initiated traffic stop enforcement March 31, 2021 14 3. Identify new curriculum, redesign and implement a culturally- responsive training program that incorporates de-escalation and mental health components into a comprehensive response for law enforcement 4. Develop a comprehensive community healing plan to address trauma in the relationship between residents and law enforcement 5. Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources 6. Develop a real-time public safety community dashboard. 7. Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers. 8. Develop a County-wide program to promote and support holistic officer wellness. 9. Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County. 10. Conduct a review of SWAT callouts to determine appropriate use of service and equipment. 11. Revise the Civil Service exam process to diversify law enforcement personnel 12. Advocate for New York State to grant local civil service authorities the authority to enact “continuous recruitment” of eligible candidates for law enforcement personnel 13. Urge Governor Cuomo and/or the New York State Legislature to reform disciplinary procedures for law enforcement personnel under Civil Service Law Section 75; 14. Develop a comprehensive community policing and outreach plan to connect law enforcement and residents. and, be it further RESOLVED, Common Council adopts the following City-specific recommendations: 1. Create a new department, tentatively named the Department of Public Safety (DPS), which may be led by a civilian to manage various public safety functions in the City. 2. Create a task force to design the new department o This task force shall include some combination of IPD staff, other City staff, Alderpersons, interested City residents, and outside experts or consultants o The DPS will include a unit of unarmed first responders to respond to certain non-violent call types. The precise identification of such call- types shall be subject to further study to minimize risks to the public and to unarmed first responders that could arise if violence occurred o The DPS will retain a unit whose members will qualify in all respects under New York State law as police officers, with said unit therefore led by someone who shall qualify in all respects under New York State law as a Chief of Police o The DPS may be overseen by a civilian director with relevant emergency response and administrative experience who can lead the DPS toward the goals of the “Reimagining Public Safety Plan” o The task force shall submit its recommendations, including budget estimates, naming conventions, and a timeline for public review and comment, to Common Council by September 1st, 2021 3. Grant City of Ithaca Community Police Board more oversight authority; With the above listed eighteen recommendations constituting its plan. March 31, 2021 15 4. Develop a joint community and IPD-TCSO task force that will review the use of Truck 99 and explore alternative or expanded functions. The resulting plan should maximize the truck's use in enhancing public safety and supporting crisis management, educate the community about the expanded role, and respect the origins and legacy and spirit of the CINT program in Ithaca, and be it further RESOLVED, That the Mayor and Common Council recognize the rights, under applicable labor law, of the non-managerial members of the unit of police officers referred to above, excluding the Chief and Deputy Chiefs, to continue to be represented by the current collective bargaining representative, the Ithaca Police Benevolent Association, Inc. (PBA), and for the City and PBA to continue to be subject to and governed by all terms and conditions and benefits of employment as exist by law, and its applicable collective bargaining agreement, memoranda of agreement, interest arbitration awards, and retirement under the New York State Police and Fire Retirement System as applicable, and for the civilian unarmed first responders to organize and collectively- bargain with the City under such legally-available labor organization and format as the applicable membership may select, and, be it further RESOLVED, That the Mayor and Common Council shall implement any further organizational restructuring in such a manner that the employment of each of the current police officers of the Ithaca Police Department shall continue uninterrupted by such a restructuring, retaining their positions and rank in the Ithaca Police Department, without being required to apply or reapply in order to maintain their current positions and rank, and retaining their civil service status, authority, and benefits of the title including all terms and conditions of employment and benefits as exist by law and under their applicable collective bargaining agreement, memoranda of agreement, and interest arbitration awards as applicable, and remaining subject to all duties and obligations required of them under each of the foregoing and under the rules and regulations of the Ithaca Police Department, and, be it further RESOLVED, That the Mayor is authorized to deliver the above stated plan to the New York State Budget Director, Robert Mujica, on behalf of Common Council in accordance with the requirements of Executive Order 203, and to certify to the State Budget Director that the City of Ithaca has complied with the required process, and be it further RESOLVED, That Common Council and the Mayor shall determine next steps to develop the programmatic expression of its plan, determine budget priorities, and work with City staff and the community to implement these recommendations, and to do so where applicable in cooperation and collaboration with Tompkins County, and, be it further RESOLVED, That a copy of this resolution shall also be sent to Governor Andrew Cuomo, S enator Thomas O’Mara, and Assemblywoman Anna Kelles. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:25 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor