The Berkeley Police Accountability Board Review Use of Force Policy and More

The Berkeley Police Accountability Board (PAB) met on Monday September 9th, 2024 for part 2 of the Use of Force forum to specifically address transparency and accountability. The purpose of the meeting was to explain the city’s policy for use of force and the police Transparency Hub. 

 

The following city officials were listed as present: Hansel Aguilar, Director of Police Accountability, Keegan Horton, Investigator, Jayson Wechter, Investigator, Jose Murillo, Policy Analyst,and Melanie Beasley, Administrative Analyst.

 

In the first part of the meeting, Jose Murillo, ODPA Policy Analyst, explained the city’s policy on use of force which is described in section 300 of the Law Enforcement Services Manual. He first shared that Senate Bill 978 requires police departments to share their policies with the public. Then he went over the reporting on use of force in section 300.6.1. He described how an officer has to report the use of force incident promptly, completely, and accurately. Additionally the supervisor must describe why they thought force was necessary. Then an uninvolved supervisor reviews the report and body camera film and ensures any injured people received treatment. The supervisor determines which level of force was used and does additional reports based on that determination. Then Murillo described the different levels of force and associated reporting requirements: 

 

  • Level 1 is described as momentary discomfort and includes but is not limited to control holds, takedowns and bodyweight. The supervisor inputs report data into Blue Team which is a use of force reporting database. 

 

  • Level 2 is described as no suspect injury or complaint of pain, but more than momentary discomfort. It includes but is not limited to Level 1 examples and in addition drawing a firearm but not firing. The supervisor inputs data into Blue Team as well as conducts an investigation when feasible which includes statements and photos from the suspect and witnesses. 

 

  • Level 3 is described as a sustained injury or continuing pain. It includes but is not limited to chemical agents (ex. Pepper spray) and baton strikes. Use of force is elevated from a 2 to a 3 if the police officer’s body camera is not activated in a timely manner prior to contact with the subject. The supervisor enters data into Blue Team, conducts an investigation, and writes an investigation report. 

 

  • Level 4 use of force is any force likely to cause death or serious bodily injury. The supervisor will follow the protocols outlined in Policy P-12 which was not covered in this meeting. 

 

Lastly Murillo described section 300.1.3 which is the Duty to Intercede. This states that any Berkeley peace officer should intervene if another Berkeley peace officer is starting to, or using, unnecessary force. Additionally the officer must report to the supervisor immediately about any unnecessary force and efforts made to intervene.

 

During the second part of the meeting, Murillo and Aguilar presented the Berkeley Transparency Hub website. This website has crime and stop data from 2021 to the present. You can filter the data by levels of force, types of force used, and the reason for force and view the incidents on a map of Berkeley. They commented that 65% of the data was level 1 use of force and just 5% was level 3.

 

Next they talked about a project led by Roy Austin who is a Civil Rights advocate. They showed a video about Active Bystandership for Law Enforcement (ABLE) which guides agencies with measures on how to promote peer intervention and prevention culture. The program works to prevent police mistakes while promoting the officers’ wellness.

 

Lastly the meeting went over how to make a use of force complaint. They shared 3 different websites to use to make a commendation or complaint:

 

 

On the ODPA link you can remain anonymous, however they pointed out that it would be difficult to be updated on the status of the complaint if you remain anonymous. Additionally the BPD and ODPA links can be translated into any other language offered on google translate.

 

To conclude the meeting, they said that the Berkeley Police Department has internal and external mechanisms of review and investigation of incidents. The meeting included time for public comments but none were made.

 

On Wednesday, September 11th, 2024, the Police Accountability Board (PAB) held its regular meeting, starting with a somber acknowledgment of the anniversary of the 9/11 attacks. Jayson Wechter, an investigator, shared some timely news about a training event coming up on September 24th. Hosted by the NYU School of Law’s Policing Project, the webinar will focus on removing barriers to police accountability. The panel will feature notable speakers like Renee Hall, former Dallas police chief; Stephen Rushin, a professor at Loyola University Chicago School of Law; and community organizer Victor Dempsey of the Legal Defense Fund. Wechter reassured the board that the registration link would be available soon and encouraged everyone to sign up.

 

Chair Moore then brought up a time-sensitive topic to share with the community: BART’s campaign for independent police oversight. BART is seeking support from the Bay Area’s oversight community, urging individuals to submit letters to the BART Board of Directors asking the Board to vote yes on the proposed motion. The goal is to pass a motion that would allow BART’s Office of the Independent Police Auditor (OIPA) to operate free from BART’s general manager, as well as allocate $720,000 in additional funding to the OIPA, which would ensure the office has the proper resources needed to thoroughly investigate police misconduct and keep riders safe.

 

Next, the meeting heard from Deputy Chief Jen Tate, who shared a case of interest on a tragic homicide that occurred on Harrison Street. A 37-year-old man was found with multiple gunshot wounds and, despite efforts to save him, was pronounced dead on scene. The suspect, a 62-year-old man, is now in custody, and officers recovered multiple firearms and rounds of ammunition from the suspect’s vehicle. The Alameda County District Attorney has since charged the individual with murder. Tate reflected on the horrific incident, stating, “Violence in our community will never be tolerated. We are grateful for the community’s support and thankful that we were able to apprehend this individual.”

 

Furthermore, the board also touched on subcommittee updates. Labor negotiators have been working diligently, with meetings held on August 22nd and September 3rd, to get city stakeholders on the same page before union negotiations begin. There was also a lively discussion about conflicts of interest within the three-person hearing panels at the PAB. The board debated whether members with conflicts should recuse themselves or if an additional member should be added to avoid conflicts. They also discussed the board’s ability to review Police Department policies at the PAB’s discretion or when complaints are filed by members of the public. No concrete decisions were reached, but the conversation highlighted the importance of transparency and fairness in these processes.

 

Lastly, Carianna Arredondo, assistant to Berkeley’s City Manager, provided an update on the Specialized Care Unit (SCU). She noted that, as of now, 911 does not directly dispatch calls to the SCU, but they are working on integrating this into the system. Despite this, the SCU has received over 1,000 calls and has been dispatched nearly 600 times. Arredondo also mentioned that a comprehensive evaluation of the SCU’s performance is expected by spring 2025.

The meeting ended with an opportunity for public comments, but with no questions or concerns raised, the session was adjourned.

 

– Si-Jae Teh and Rhetta Lavinder-Hill 

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