EVERYONE OF YOU WE'RE GETTING
READY TO START THE SELECT
COMMITTEE ON POLICE REFORM.
THIS DAY FRIDAY DECEMBER THE
EIGHTEENTH TWO THOUSAND AND
TWENTY. THIS IS OUR THIRD
HEARING ON THE SELECT COMMITTEE
FOR POLICE REFORM BEFORE WE
START WITH OUR AGENDA I HAVE
SOME HOUSEEEPING ROLES THAT I
MUST GO OVER. AND WEBEG YOUR
INDULGENCE AS I GO THROUGH THE
MOST RELEVANT POINTS I WANT TO
BRING OUT. DUE TO THE
CONTINUOUS THEIR HOME ORDER. WE
ARE PARTICIPATING OF PHYSICALLY.
IS AGO DISTANCING HERE IN THE
HEARING ROOM AND THROUGHOUT THE
STATE CAPITOL SO WE ARE ONLY
ABLE TO HAVE LIMITED NUMBER OF
PEOPLE WATCHING OR
PARTICIPATING IN THE MEETING IN
THE HEARING ROOM IN PERSON. WE
ALSO REQUIRE EVERYONE WEARS A
FACE MASK AND PROVIDE OF
PHYSICAL DISTANCING TO BE
MAINTAINED- BY ALL MEMBERS OF
THE PUBLIC TESTIFYING WHETHER
DURING THE VIRTUAL-
CONFERENCING SITE. IF YOU DO
NOT HAVE A MASS OF MASS WILL BE
PROVIDED FOR YOU. BECAUSE OF
THE THIS SPACE LIMITATION WE
HAVE SOME COMMITTEE MEMBERS
SITTING AT THE DYESS AND OTHERS
SITTING ON THE FIRST FEW ROLES
WHICH- WE HAVE ALL MEMBERS ON
THE DYESS. AND WE'LL GO TO NEXT
POINT WE HAVE A FEW DIFFERENT
OPTIONS FOR THE PUBLIC. WHEN WE
REACH THE PUBLIC COMMENT
PORTION OF THE AGENDA. I WOULD
ASK THAT EVERY MEMBER OF THE
PUBLIC IN THE HEARING ROOM
PLEASE APPROACH THE MICROPHONE.
ONE PERSON AT A TIME AND THEN
PLEASE MAINTAIN PHYSICAL
DISTANCING AS YOU MOVE AROUND
THE MEETING ROOM. I WOULD ASK
THAT THE PUBLIC NOT TOUCH THE
MICROPHONE- YOU CAN IF YOU NEED
THE MICROPHONE ADJUSTED. WE
WILL I STRUCK ONE OF OUR
SERGEANTS TO ADJUST THE
MICROPHONE TO YOUR SEATS LEVEL
SO THAT YOU CAN- PROVIDE
COMMENTS DURING THAT'S A
SEGMENT- YOU CAN EXIT THE
HEARING ROOM ONCE YOU ARE DONE
PROVIDING YOUR- COMMENTS OR
RETURN BACK TO YOUR SEAT.
PLEASE BE SURE TO OBSERVE ONCE
AGAIN OF PHYSICAL DISTANCING
UPON LEAVING THE CAPITAL
INCLUDING LIMITING A NUMBER OF
INDIVIDUALS IN THE ELEVATOR ONE
PERSON ELEVATOR AT A TIME. IN
ADDITION. TO BEING ABLE TO
TESTIFY FROM INSIDE THE HEARING
ROOM WE HAVE SOME PADDLE SOME
PANELISTS AND OTHER MEMBERS OF
THE PUBLIC MAKING USE OF ONE OF
OUR WITNESSING VIDEO
CONFERENCING ROOMS HERE IN THE
CAPITAL AND OR- OUR REMOTE.
TESTIMONY STATION LOCATED ON
THE CAPITOL GROUNDS AND IN A
FEW OTHER LOCATIONS THROUGHOUT
THE STATE. THOSE WITNESSES.
WILL APPEAR ON THE SCREEN SO
MEMBERS CAN WATCH THEIR
TESTIMONIES LIVE FROM OUTSIDE
OF THE HEARING ROOM AND ALSO
ASK THEM QUESTIONS. WE WILL
ALSO BE USING A MODERATING
TELEPHONE SERVICE FOR THE
PUBLIC THE DIAL IN NUMBER AND
PLEASE WRITE THIS DOWN. NOW
REPEATED TWICE THE DIAL IN
NUMBER TO PARTICIPATE IS AREA
CODE. 877-692-8957 ONCE AGAIN.
EIGHT SEVEN SEVEN SIX NINE TWO
EIGHT NINE FIVE SEVEN THE
ACCESS CODE IS. ONE THREE ONE
FIVE FOUR TWO ZERO TWO ONCE
AGAIN. THIRTEEN FIFTEEN FORTY
TWO OH TWO YOU CAN ALSO FIND
THAT NUMBER ON THE ASSEMBLY
WEBSITE AND ON THIS- TV SCREEN.
THE OPERATOR ON THE LINE WILL
GIVE YOU INSTRUCTIONS ON HOW TO
PLACE YOU IN THE QUEUE AND
PROVIDE PUBLIC A TESTIMONY.
DURING THAT PARTICULAR PERIOD
OF TIME IF YOU WERE CALLING IN.
PLEASE LIMIT ALL BACKGROUND
NOISE THIS INCLUDES MUTING YOUR
LIVE STREAM BROADCAST AND YOUR
SMART DEVICE TO REDUCE THE
SOUND DISTORTION. I THANK YOU
VERY MUCH FOR YOUR HEARING OF
THOSE INSTRUCTIONS AND WE WILL-
PROVIDE ADDITIONAL INSTRUCTIONS
AS WE MOVE ALONG IN THROUGHOUT
THIS HEARING WITH THAT BEING
SAID I WANT THANK. YOU FOR
CONTINUING TO PARTICIPATE IN
THIS SPACE WITH ME AND MY
COLLEAGUES BECAUSE IT IS. IT
REVEALS YOUR COMMITMENT TO
SEEKING JUSTICE AND THE
COMMUNITIES WE SERVE. GOING
INTO THE HEARING. WE KNOW THAT
THERE ARE GOOD OFFICERS WHO
SERVE CALIFORNIANS AND WE WANT
TO SAY THANK YOU. TO THOSE WHO
HAVE. SERVED IN THAT CAPACITY
EXPRESSLY IN PARTICULAR DURING
THIS PANDEMIC. BUT WE ALSO KNOW.
THAT NOT ALL OFFICERS ARE
MEETING THE NEEDS OF OUR
COMMUNITY. THERE ARE WAY TOO
MANY INSTANCES OF EXCESSIVE
FORCE. IN THE BOTTOM LINE IS
PEOPLE ARE DYING. THERE ARE BAD
APPLES KNOWING THIS PROFESSION
BUT OTHER PROFESSIONS. AS WELL
THROUGH THESE HEARINGS WE WANT
TO FIND THE UNDERLYING
PRESSURES THAT RESULTS IN BAD
OR DEADLY OUTCOMES LEARN HOW TO
IMPROVE RECRUITING AND TRAINING
TO FIND WAYS TO FOSTER MUTUAL
TRUST BETWEEN COMMUNITIES OF
COLOR AND OFFICERS AND FIND THE
RIGHT BALANCE OF
ACCOUNTABILITY. CALIFORNIA IS
LEADING THE WAY ON CRIMINAL
JUSTICE REFORM AND PLANS TO
LEAD THE WAY ALL LAW
ENFORCEMENT REFORM TO TODAY
WE'LL BE HEARING. FROM CAREER
PROSECUTORS. A LAW DEAN. A LAW
PROFESSOR OFFICERS POLICE
CHIEFS AND OTHER EXPERTS
INFORMING THE SELECT COMMITTEES
TO JACK THREE. OF LAW
ENFORCEMENT WELL OUR FIRST
HEARING WAS ON THE HISTORY OF
POLICE REFORM EFFORTS. AND THE
SECOND HEARING ADDRESSED
RECRUITING AND TRAINING. OF LAW
ENFORCEMENT ALONG WITH CERTAIN
SYSTEM CERTIFICATED THE
CERTIFICATE PROCESS TODAY WE
WILL BE HEARING FROM OUR GUESTS
TO DISCUSS POLICE
ACCOUNTABILITY. THANK YOU ALL
OF OUR PANELISTS FOR BEING IN
ATTENDANCE TO ALL OF THOSE
WATCHING AND LISTENING TODAY
FOR THOSE IN THE AUDIENCE YOU
WILL HAVE AN OPPORTUNITY DURING
THE PUBLIC COMMENTS- PORTION AT
THE END OF THE AGENDA TO
PROVIDE YOUR PUBLIC COMMENTS TO
THIS BODY. BEFORE WE BEGIN I
WANT TO RECOGNIZE MY COLLEAGUES.
WHO'S ON THE SELECT COMMITTEE
AND THANK THEM FOR JOINING US
IN HOLDING THIS HEARING OF ON
THIS VERY VERY IMPORTANT MATTER
WITH THAT BEING SAID I WOULD
LIKE TO. INVITE MY COLLEAGUES
STARTING WITH THOSE WHO ARE IN
THE MEETING ROOM FIRST AND THEN
I'LL GO TO THOSE WHO ARE
JOINING US VIRTUALLY. WITH THAT
BEING SAID I WANT TO- GIVE OUR
COLLEAGUE. MR LACKEY AN
OPPORTUNITY TO INTRODUCE
HIMSELF BRIEFLY IN AND PROVIDE
SOME COMMENTS AND THEN WE'LL GO
TO MISS RUBIO. AND THEY WILL GO
TO OUR COLLEAGUES THAT ARE
JOINING US VIRTUALLY. MISTER
LACKING YOU'RE UP TO BAT. THANK
YOU CHAIR I- I LOOK FORWARD TO
A ROBUST AND- REPORT
DISCUSSION. ABOUT A MATTER
THAT- IS VERY MUCH
MISUNDERSTOOD. AND HOPEFULLY WE
CAN. COME TOGETHER WITH US
REASONABLE- SUGGESTIONS ON HOW
TO MAKE OUR- OUR SYSTEM MORE
RELIABLE AND- THE- THOSE WHO
FEEL DISENFRANCHISED MAY
UNDERSTAND THE COMPLEXITIES OF
THIS CAREER. AND THAT WE MAY
HAVE A MORE TRANSPARENT PROCESS
THAT THAT BUILDS THE KIND OF
TRUST THAT IS A- NOT PRESENT
CURRENTLY. BECAUSE IT IS-
BECAUSE OF THE LACK OF TRUST WE
HAVE FEAR WHICH REQUIRES WHICH
SORRY RESULTS IN VERY VERY
TRAGIC OUTCOMES. SO I'M HOPING
THAT- WE CAN MAKE DECISIONS AS
A BODY HERE THAT CAN HELP.
BUILD THAT TRUST BACK SO THAT
THAT FEAR CAN BE DIMINISHED AND
THAT WE CAN HAVE THE
RELATIONSHIP THAT EVERYONE
DESERVES. THANK YOU VERY MUCH
MR LACKEY- NEXT WE'LL GO TO
MISS RUBIO. THANK YOU MISTER
CHAIR- I AM EXCITED TO CONTINUE
THE CONVERSATION I THANK GOD
WEDNESDAY'S- HEARING WAS VERY
PRODUCTIVE AND I JUST ALSO WANT
TO- SAY THAT. WHEN I POSTED
ABOUT- PARTICIPATING IN THIS IN
THIS- COMMITTEE- THERE WAS A
LOT OF- MISINFORMATION IF YOU
WELL THIS IS NOT ABOUT THE
FUNDING THE POLICE WE ARE NOT
HERE. TO DEFEND THE POLICE WHAT
WE'RE TRYING TO DO IS TO COME
UP WITH SUSTAINABLE SOLUTIONS
THAT I WILL SERVE AND RESPECT
OUR COMMUNITIES AS WELL AS
RESPECTING OUR LAW ENFORCEMENT
OFFICERS ARE CHARGED WITH.
TAKING CARE OF US AND I THINK
THAT THE PURPOSE OF THIS
HEARING IS TO FIGURE OUT WAYS-
TO BUILD TRUST. WITH BOTH OF
THE COMMUNITY AS WELL WITH OUR
LAW ENFORCEMENT OFFICERS. I'M
EXCITED BECAUSE I HEAR
DIFFERENT VOICES ABOUT- HOW WE
CAN COME UP WITH SOLUTIONS THIS
IS NOT A BASHING SESSION IT HAS
NOT BEEN A BASTION SESSION THIS
IS. TRULY BEEN. AN
INFORMATIONAL. HEARING SO THAT
WE CAN COME UP WITH A SOLUTION
SO I WANT TO THANK THE PUBLIC
FOR PARTICIPATING- OUR
COLLEAGUES FOR PARTICIPATING
AND I'M LOOK FORWARD TO.
ACTUALLY COMING UP WITH
SOLUTIONS THAT WILL BOTH- AGAIN
SERVE THE COMMUNITY AND RESPECT
OUR LAW ENFORCEMENT OFFICERS
AND BUILD THAT TRUST THAT IS SO
BADLY NEEDED RIGHT NOW SO THANK
YOU FOR ALLOWING ME TO
PARTICIPATE. THANK YOU VERY
MUCH MISS RUBIO NEXT WE'LL GO
TO OUR COLLEAGUES WHO JOINING
US- REMOTELY- FIRST UP IS MISS
RADIUS. ASSEMBLY WOMAN LOIS
RIESS. ARE YOU WITH US THANK
YOU MISTER CHAIRMAN THANK YOU
ONCE AGAIN FOR CONVENING THIS
I. ELS- MY COLLEAGUE MS RUBIO I
I'M I WAS A- IT WAS IT WAS GOOD
TO HAVE BEEN PART OF THIS ON
WEDNESDAY AND IT TO HEAR THE
COMMENTS AND TO THE TESTIMONY
AND THE QUESTIONS THAT WERE
ASKED. I'M LOOKING FORWARD TO
TODAY I THINK THAT IT'S TO
DIALOGUE AND IT'S THROUGH THIS
FRICTION- ALSO THAT WE FINALLY
THAT WE'VE HAD THIS CONFLICT
OUT IN THE OPEN SO THAT WE CAN
TALK ABOUT BEST PRACTICES TALK
ABOUT HOW THE COMMUNITY NEEDS
TO BE EMPOWERED TALK ABOUT A
REWARDING THOSE WHO ARE SERVING
AND PROTECTING OUR COMMUNITY.
AND I KNOW BETWEEN ALL OF US
WE'RE GOING TO BE ABLE TO FIND
THOSE SOLUTIONS ESPECIALLY WITH
THE MEMBERS THAT YOU HAVE
CONVENE ON THIS PARTICULAR
SELECT COMMITTEE. I THANK YOU
SO MUCH FOR THAT. AND THANK YOU
FOR BEING ONE OF THOSE MEMBERS
ON THE SELECT COMMITTEE WE
REALLY APPRECIATE YOUR
LEADERSHIP. AND THANK YOU THE
WE KNOW YOU'LL BE STICKING
AROUND THE NEXT WE WILL HAVE A
SILLY WOMAN- SHIRLEY WEBER DR
WEBER. ARE YOU WITH US. YES I
AM AND THANK YOU ALSO- I
ENJOYED OUR HEARING ON
WEDNESDAY I'M LOOKING FORWARD
TO THE CONVERSATION THAT WE
HAVE TODAY- THERE'S BEEN MUCH
WORK DONE ON A NUMBER OF THESE
AREAS AND SO IT'S GOOD TO BRING
TOGETHER A CROSS SECTION OF
MEMBERS OF THE ASSEMBLY- WHO
SOME WHO WORKED ON THESE ISSUES
SOME WOULD NOT BUT HAVE AN
INTEREST AND A COMMITMENT TO IT
TO. THE HOPEFULLY LEAN IN AND
TO FIGURE OUT OF WHAT WE NEED
TO DO TO MAKE EVERYONE. TO MAKE
THE SYSTEM WORK BETTER THE TO
MAKE SURE THAT THOSE WHO ARE.
WHO ARE WORKING IN IN IN THE IN
THE FIELD IN TERMS OF POLICE
OFFICERS- THAT FEEL THAT
THEY'RE BEING ADEQUATELY HEARD
AND RECOGNIZED FOR THE WORK
THEY'VE DONE. AND ALSO OUR
COMMUNITY SO DESPERATELY
SUPPORT ONE- LAW ENFORCEMENT TO
BE IN THEIR COMMUNITIES IN A
WAY THAT MAKES THEM FEEL SAFE
AND GOOD SO. I AM PLEASED WITH
THIS I'M LOOKING FORWARD TO THE
CONVERSATION THAT WILL HAVE TO
DAY- WE'VE GOT SOME INTERESTING
TOPICS SOME VERY GOOD PEOPLE
WHO ARE HERE TO SHARE. A
DIVERSE PERSPECTIVES AND I
THINK OUT OF THAT WE WILL COME
WITH A BETTER UNDERSTANDING. OF
WHAT WE NEED TO DO IS AN
ASSEMBLY AND IS A LEGISLATORS
TO BASICALLY- RASTA WHAT THIS
VERY COMPLEX ISSUE THAT'S BEING
DEALT WITH ACROSS THE NATION SO
THANK YOU SO MUCH. VERY MUCH
MISTER OF GIPSON FOR BEFORE
LEADING US IN THIS
CONVERSATION. THANK YOU VERY
MUCH DR WEBER AND YOU SAID. YOU
HIT THE- NAIL ON THE HEAD VERY
COMPLEX ISSUE. THAT'S BEFORE US
SO WITH THAT BEING SAID- R. B.
K. ASSEMBLY WOMAN REBEKAH. BY
CAN ARE YOU WITH THIS. MR RUDY
SALAS ARE YOU WITH US ASSEMBLY
MEMBER RUDY SALAS. I AM THANK
YOU MISTER CHAIRMAN- I AM AS
WELL LOOK FORWARD TO TODAY'S
HEARING YOU KNOW OBVIOUSLY I
THINK THIS IS A VERY IMPORTANT
DISCUSSION THAT WE'RE
CONTINUING FROM THE PREVIOUS
HEARING- YOU KNOW BUT WHAT ARE
WE DOING TO MAKE SURE THAT
OFFICERS WITH HISTORIES OF
MISCONDUCT OR NOT BEING
FUNNELED TO UNDERSERVED
COMMUNITIES. YOU KNOW WE'VE HAD
A LEGISLATION THAT TRY TO
TACKLE THIS IN THE PAST AND
LOOK FORWARD TO THE DISCUSSION
TODAY TO INFORM. I NOT ONLY THE
COMMITTEE BUT REALLY THE
COMMUNITY TO LET THEM KNOW WHAT
THE POLICIES ARE WHAT
PROCEDURES ARE IN PLACE AND
WHERE COMMONSENSE- PLEASE
PERFORM WOULD MAKE SENSE AS WE
MOVE FORWARD I WITH A NUMBER
OF. BILLS THAT HAVE ALREADY
BEEN INTRODUCED BUT REALLY-
TRYING TO DO WHAT'S RIGHT FOR
CALIFORNIANS COMMUNITIES KEEP
THEM SAFE SO APPRECIATE YOU.
CONTINUING TO HOLD THESE
HEARINGS ON THESE IMPORTANT
DISCUSSIONS SO I LOOK FORWARD
TO TODAY'S HEARING AS WELL.
THANK YOU VERY MUCH MISTER
SALAS APPRECIATE YOUR
PARTICIPATION- NEXT. UP WE WILL
HAVE A MISTER CUNNINGHAM.
SILLIMAN JORDAN. OKAY MISTER
JAMES ARRIVALS ASSEMBLYMEMBER
STE. OKAY ASSEMBLYWOMAN LORENA
GONZALEZ ARE YOU WITH US. OF
MISTER ROB BONTA ASSEMBLYMEMBER
BONTA YOU WITH THIS. OKAY WE'LL
MOVE ON I WANT TO THANK THOSE
WHO HAVE JOINED AND WE KNOW
THAT OTHER MEMBERS WILL BE
JOINING US THROUGHOUT THE DAY
THE MORNING MISTER MAYES SAID
HE'LL BE JOINING US- VIRTUALLY
AND SO WE APPRECIATE- HIM I
WANT TO ALSO LET MEMBERS KNOW
IF YOU AFTER THE CONCLUSION OF
THE PRESENTATIONS. IF YOU WOULD
PLEASE TEXT ME IF YOU WANT TO
BE PLACE IN THE QUEUE I USED TO
HAVE MY- MY NUMBER AND YOU TEXT
ME AND I WILL CALL UPON YOU
THESE ARE MEMBERS WHO ARE
VIRTUALLY ALL REMOTELY- TUNING
IN SO I CAN PLACE YOU IN THE
QUEUE SO WE WANT TO MAKE SURE
THAT YOU ARECUTE UP AND YOU
HAVE MY NUMBER IF YOU DON'T.
THEN JUST ASK SOMEBODY SOME IT
GET IT FOR YOU. I WITH THAT
BEING SAID- WE WANT TO MOVE TO
OUR PANELISTS- WE WILL AGAIN
THANK THEM- FOR GIVING OF THEIR
TIME. EACH PANELIST WILL HAVE
UP TO SIX TO EIGHT MINUTES. TO
SPEAK AND WILL PRESENT IN THE
ORDER NOTED ON THE AGENDA.
BEFORE FOR FULL BEFORE YOU
START PRESENTING WOULD ASK THAT
YOU PLEASE INTRODUCE YOURSELF.
SO THAT WE KNOW WHO YOU ARE SO
WITH THAT. OUR FIRST PANELIST
IS BRIAN MARVEL PRESIDENT OF
THE CALIFORNIA PEACE OFFICERS
ASSOCIATION- AND ALSO OFFICER
WITH THE SAN DIEGO POLICE
DEPARTMENT WHO WILL BE JOINING
US VIRTUALLY. MISTER MARK ARE
YOU WITH US. CAN YOU HEAR ME WE
CAN HEAR VERY WELL SIR YOU HAVE
SIX TO EIGHT MINUTES WE'LL SET
THE CLOCK AND WILL KEEP YOU ON
TIME WITH YOU YOU CAN IS MAKE
IT HIT ALL OF THOSE SALIENT
POINTS YOUR PRESENTATION WE
APPRECIATED THANK YOU VERY MUCH.
REALLY GOOD MORNING- GERMAN
GIPSON AND- COMMITTEE MEMBERS
MY NAME IS BRIAN MORAL AND
PRESIDENT OF THE PEACE OFFICERS
RESEARCH ASSOCIATION IN
CALIFORNIA. OR ACT. WE
REPRESENT OVER SEVENTY SEVEN
THOUSAND PUBLIC SAFETY OFFICERS
IN NINE HUNDRED FORTY S.
SUBSTATIONS. ROCK CALIFORNIA.
LIKE CONVEY MY SINCERE
GRATITUDE FOR BEING INVITED
JUST BATES A CRM. SINCE ITS
INCEPTION LONG HORSEMEN AND
BEEN CONTINUOUSLY IMPROVING THE
SAUCER RESEARCH ASSOCIATION
CALIFORNIA. HAS BEEN A
LONGSTANDING LEADER THROUGH
THIS PROCESS ADVOCATING FOR
VICTIMS RIGHTS HIGHER TRAINING
AND RECRUITMENT STANDARDS. IN
ELIMINATION OF QUOTAS-
IMPROVING. AND EXPANDING BODY
WORN CAMERA PROGRAMS. MORE
COMMUNITY BASED POLICING THE
NAME. YOUR AS CALIFORNIA
CONTINUES THE DIALOGUE ABOUT
IMPROVING PRACTICE ALONG COURSE
YOU SUPPORT TO KEEP IN MIND
THAT WE SHARE THE SAME GOAL.
KEEP OUR FAMILIES AND COMMUNITY
SAID. I PLEASED THAT YOU
BROUGHT HERE TODAY TO TALK
ABOUT THIS. OFFICERS CANNOT OUT
DUTIES ENOUGH- WITHOUT THE
TRUST OF THE COMMUNITY THEY
SERVE. WE TRUE ARE TO REPAIR IN
ONE PORTION WE MUST DO MORE TO
SHINE LIGHT ON. PROCESSES
DEVELOP A FAIR AND UNBIASED
APPROACH PEOPLE EACH LICENSING
REVOCATION. THIS WILL HELP
ESTABLISH GREATER CONFIDENCE IN
THE MEN AND WOMEN WHO ARE
RISKING THEIR LIVES TO CHECK
CONSERVE OUR- WELL INSURING
THAT INDIVIDUALS WHO
DEMONSTRATE GROSS MISCONDUCT
ARE BARTON ALONG. WITH RESCUE
CALIFORNIA AND NATIONAL. IN
ADDITION TO TALKING ABOUT
DISCIPLINARY PROCESS I'D LIKE
TO STRESS THAT IMPROVING THE
PROFESSIONAL LAW ENFORCEMENT
DRASTIC SHE WHEN YOU AN
OFFICER'S CAREER HOLISTIC. WELL
INCREASE TRANSPARENCY IN
DISCIPLINARY PROCESSES EVEN
ESTABLISHING A NEW PROCESS FOR
LICENSING WILL LONG WAY IN
TERMS OF PUBLIC PERCEPTION
ALONG. WE ALSO NEED TO BETTER
PREPARE OFFICERS TO FACE THE
RIGORS IN ADVERSITIES AND
MODERN DAY WE SEE. IMPROVE
PUBLIC SAFETY OUTCOMES
APPROACHES TO DISCIPLINE MUST
BE COUPLED WITH HIGHER
RECRUITMENT STANDARDS INCREASED
EDUCATION TRAINING RESOURCES
NECESSARY TO SUPPORT WAS
INITIALLY. IN ADDITION WE NEED
TO MAKE SURE WE ARE MAKING
EVIDENCE BASED DECISIONS ON ALL
OF THESE TOPICS. THAT IS HOW WE
WILL ENSURE THAT THE PRACTICE
OF LAW ENFORCEMENT REFLECTS OUR
SHARED. CALIFORNIA BY.
PUBLISHING THAT GOAL REQUIRE
THAT WE WILL WORK TOGETHER NOT
ALWAYS HAVE AN OPPORTUNITY TO
BE HEARD. CALIFORNIA'S MEN AND
WOMEN IN LONG COURSE IN OUR
MEMBERS OF OUR COMMUNITIES NOT
SEPARATE LOWS WE SURE. ARE
EXPERIENCE AND EXPERTISE MUST
BE AN IMPORTANT PART OF THIS
CONVERSATION. SOME OF OUR
ELECTED LEADERS ARE ALREADY
HARD AT WORK DEVELOPING
PROPOSALS RELATED RELEASED
THIS. LICENSE REVOCATION. IRAQ
IS GETTING TO WORKING. THE
INSURING YOU CAN FOLLOW HAVE
THE BENEFIT COURSE YOU SEVEN
YEARS WITH. WITH THE CRIMINAL
OR TO DETOX HERE HOW. THOSE ARE
ELETED LEADERS POLICY PRO IN
THE NEW. IMPLEMENTING THE GROUP.
INCREDIBLY COMP. WILL HAVE FAR
REACHING IMPACTS ALONG COURSE
FASHION BOTH NOW AND INTO THE
FUTURE. THOSE ARE GOOD FAITH
EFFORT TO WORK LAB ON THESE
ISSUES OR ACTORS EVEN DECIDED
TO HOLD BACK HER OLD RECALL
LONG LICENSING WILL ALLOW
GREATER TIME FOR US TO GAIN A
LINE ON THE DETAILS INCORPORATE
BEST PRACTICES IN RESEARCH. OR
PUBLIC SAFETY EXPERTS AS WE
WORK WITH OUR ELECTED OFFICIALS.
THE DETAILS MATTER. OR ACT
RESPECTFULLY OFFERS ARE.
VOLATILE ONE OF THE NATION'S
MOST FORWARD THINKING
INNOVATIVE PUBLIC SAFETY
ORGANIZATIONS HELPED DEVELOP
BEST APPLE. WE HAVE AN
OPPORTUNITY TO ESTABLISH A
PROCESS THAT WOULD SURE THAT
INSURERS WE ONLY HAVE THE BEST
OFFICERS WORKING. FOLLOWING
PRIORITIES ARE THOSE WE BELIEVE
WILL HELP US REVIEW OFFICER'S
ACTUALLY DENTAL DISCIPLINARY
ACTION IN A WAY THAT CREATES
GREATER TRANSPARENCY THE PUBLIC
WHILE MAINTAINING AN OXFORD TO
DUE PROCESS. RESERVING THE
REPUTATIONS OF THOSE OFFICERS
WERE FOUND NOT TO HAVE ANY
WRONG WITH. THE COURSE OF THE
COMPLETED INVESTIGATION
UNDERSTANDS NOW I'M UNDER
INVESTIGATION FOR POTENTIAL
MISCONDUCT AND THE OPPORTUNITY
TO RESIGN WHAT DO OF A COMPLETE
INVESTIGATION. RECEIVED
DISCIPLINARY ACTION. BOB
SURGERIES IS A MANNER ARE
REACHING BY FOR OTHER PARTS.
WHICH ARE ALL ABLE CONSIDER
INFORMATION AS- IN. WE
DESTINATION. THIS IS HELP GIVE
RISE TO THE IS HOW OLD OFFICER
ACCOUNTABLE RACKS
UNDERSTANDABLE SO WE MUST
ADDRESS THESE ISSUES
IMMEDIATELY POSE AFTER WORK AT
THE CORPORATE BACKGROUND CHECKS
THE PERSPECTIVE WORKER OPTIONS
HISTORY DISCIPLINARY ACTIONS
INCLUDE REQUIRING COMPLETION OF
ALL INVESTIGATIONS AN IMMEDIATE
BAN ON THE USE OF ANY LITTLE
RESIGNATION I ENSURING THAT ANY.
HIRING DEPARTMENTS FULL ACCESS.
OUR HISTORY. WHILE
IDENTIFICATION OF OUR WHO
PRACTICE LONG WERE BOTH
REPUBLICANS VOTED OF THE
REASONS FOR ROGUE NATION. YOU
SOMEBODY MORE CASH BY OFFICERS
RESPONSIBLE TO HELP. AFTER ANY
EVIDENCE OF A SINCE WARMUS.
RELATIONSHIP BY MEMBERS OF THE
PUBLIC. THE ACT OF ANY PEACE
OFFICER FOUND BROS INCONSISTENT
WITH MISSIONS IN BALTIMORE
PROFESSION OR ACT SUPPORT ALSO
YOU. IN INDEPENDENCE AGENCY HE
SAW STANDARDS TRAINING- WE
CANNOT ALLOW OFFICERS TO GET
GROWTH IS. NEEDED WARMER
FORTUNATE. WEISS MUST BE
REBUILT. PUBLIC MUST HAVE THE
OP WHY ABOUT WHICH OPTION HAVE
THE LICENSE VOTE FOR WHAT RE.
HOW WE'RE NOW. ON WAS LAST NAME
OR OFFICER'S THERWISE FOUND
ACT APPROACH. GORE OF THE FOUR
WE INVESTIGATION. BOTOX LEARN
ABOUT THE RECORD PROTECTED MAKE
SURE THE SAME OF THOSE AND
THEIR. OR ACTUALLY WORK
REQUIRING REFUSING CORPORATE
FEDERAL HOST WATER ACTION BY
FOES INCLUDING BRANDING POSE
THE AUTHORITY TO SUSPEND OR
REVOKE ABOUT LICENSE. ALL
SPECIFIC THE SIMPSONS APPROVAL
OPTION FONG. THE SAME
MISCONDUCT THE FORCE THAT WE
BACK WERE YOUR YOU'RE ONLY CAN
WERE VICTORY BASS AND. SEXUAL
ASSAULT ROBBERY WAITED THIS
LONG. MUNITY TRUSTING LONGHORN
ABSOLUTELY NECESSARY ZAPU JERRY
OPERATING NETBACK WE UNDERSTAND
THAT IN WHICH YOU'RE I DON'T
WANNA GET TO GRANTING NEW ORDER
TO REVIEW OUR THAT. THEY SHOULD
FOR OUR SUPPORT RAINY GREATER.
FOR HIGH. ANYONE ON THIS RECORD
MICHELLE WE'RE- RATHER PROCESS
THE PUBLIC ONE ABOUT STATUS
THAT ARE TAKEN. BY AGAINST NOT.
THESE CHANGES WE CAN HELP BACK
TRUST THAT ARE AND WOMEN THE
LONG PORTION OF OUR NEWS DOWN.
SIX POLICY. WAY REPORTER THE
PUBLIC HAS HAD VERY LITTLE
INSIGHT INTO THE STUFF THANK
FOR WITH THE PARTNER. AFTER A
LONG YOUR ACTUAL WATER. A WHITE
WORK SUPPORT IN SOME BILL.
TWENTY EIGHT ONE SEVENTY BECOME
RAMPS TO MAKE TERM THE LESS THE
BY. I PROVIDING REASONABLE.
WITH THREATEN SAFETY BOXES
DON'T. WELL AB FORTY TWENTY
EIGHT WORKING BELT BREAST OR.
THE NEW BURKE CERTAIN THE
BANKING FINANCE THE STATUS OF
ONGOING INVESTIGATIONS MADE
PUBLIC THEIR DISCIPLINARY
POLICIES G. WHICH DEPARTMENT OR
AGENCY TO POST REPUBLICAN OR
WEBSITE DETAILED REPORT
AGGREGATE STATISTICAL
INFORMATION OTHER DATA RELATED
OFTEN INVOLVES. OTHER ISSUES
FOR. OKAY DISTRIBUTOR WE
INVESTIGATE AN OFFICER INVOLVED.
DETAILED FINDINGS OF THAT
INVESTIGATION ON THE WEBSITE.
OPERATION EACH YEAR DEPARTMENT
IS NOW LOOKING YEAH SHE
PROGRAMS ALL QUIET. MISTER MARK
YOU HAVE THIRTY SECONDS. ALL
RIGHT WE CAN GO GEN- AS WE WRK
TOGETHER TO MODERNIZE LAW
ENFORCEMENT PROFESSION AIRCRAFT
IN OUR OFFICERS. THE
RECOMMENDATION FOR THOSE THAT
WE KNOW WILL HELP ENSURE THAT
ONLY THE BEST YOU STOP WORKING
OUT. WHEN DOING SO WILL TAKE
TIME WILL TAKE COMPROMISED WILL
TAKE LEGISLATIVE ACTION IT WILL
TAKE ADDITIONAL RESOURCES FOR
MICHIGAN. MARK POLICIES ARE
NEVER AFFECTED THE WHOLE REGION
PERSON WELL PARDON THE FUTURE.
VISION THANK YOU FOR YOUR WHAT
WILL WHAT ACTIVE. HAVE THIS
CONVERSATION WANT TO SIT DOWN
WORK WEINBERG WHO EVERYBODY BOB
FOSSE. THANK YOU VERY MUCH MR
MORROW FOR YOUR TESTIMONY WE
APPRECIATE YOUR PERSPECTIVE. UP
NEXT WE WILL HAVE. WHAT'S ON
THE AGENDA WE HAVE CHEAP ERIC
NUNEZ- PRESIDENT OF THE POLICE
CHIEFS ASSOCIATION IS ALSO THE
POLICE CHIEF OF THE LA PALMA
POLICE. DEPARTMENT AND HE WILL
BE JOINING US VIRTUALLY OF
CHEAP NOON YES ARE YOU. THERE.
I YOU SEE ME- WE CAN HEAR YOU
I'M SORRY OKAY MAYBE CATCHER
CAMERON I DON'T. HI MY CAMERAS
ON ON THIS SIDE I'M NOT SURE
WHAT THE- AYE GOOD PROCEEDED TO
LIKE AND. GIVE ME. WE DON'T
KNOW WHAT'S HAPPENING ARE AUDIO
ONLY OUR VISUAL HERE SO CHEAP
ONES YES PROCEED YOU HAVE SIX
TO EIGHT MINUTES- AND YOU
PLEASE INTRODUCE YOURSELF AND
YOU MAY PROCEED WE CAN HEAR YOU
VERY WELL. OKAY. ALL RIGHT- OUR
TECHNICIANS ARE WORKING TO TRY
TO GET IT WORKING TO TRY TO GET
THE VISUAL PART. RECTIFIED. SO
PLEASE PROCEED. OKAY. THANK YOU
ON HIS CHAIR AND MEMBERS AT
THANK YOU AGAIN FOR ALLOWING ME
TO PRESENT TODAY. HEY DAN MY
NAME IS ERIC NINE YEARS AND I
AM THE PROUD I'M I'M ACTUALLY
THE POLICE CHIEF OF THE CITY OF
LOS ALAMEDA STEINORTH COUNTY I
WAS AT A PALM AND MOVED OVER
FIVE YEARS AGO I'M THE
PRESIDENT OF THE CALIFORNIA
POLICE CHIEFS ASSOCIATION AND
REPRESENT ALL THREE HUNDRED
THIRTY TWO MINUTES VOTE PLEASE
CHOOSE. A CALIFORNIA- I'VE
ENJOYED THE CONVERSATION WE
SHARED DURING THE EARLIER
SELECT COMMITTEE. HEARING ON
THE HISTORY OF POLICE REFORM-
THOROUGHLY. AND AND I REALLY
RESPECT THE WORK THAT THE PANEL
IS DOING- THE COMMITTEE IS
DOING AND I'M GLAD TO BE BACK
AGAIN. SPEAKING WITH YOU AT
THIS TIME. ON THE MATTER OF-
PLEASE DISCIPLINE AND
ACCOUNTBILITY- BECAUSE THIS IS
A CRITICAL TOPIC FOR DISCUSSION
AS MANY OF THE LEGISLATIVE
MEASURES WE WILL BE DISCUSSING.
THIS YEAR I WAS ASSOCIATION
SUCH AS THESE CERTIFICATION ARE
DIRECTLY RELATED TO THESE
TOPICS. I CAN TELL YOU THE
POLICE- AS POLICE CHIEFS IT IS
OUR JOB. TO HOLD OFFICERS
ACCOUNTABLE. FOR THEIR ACTIONS
AND THEIR CONTACT. WE'RE
RESPONSIBLE FOR SETTING GOALS
AND EXPECTATIONS FOR OFFICERS
ENSURING THAT. THEY HAVE THE
RESOURCES AND THE TRAINS AND
MEET THEIR EXPECTATIONS AND
SHARING THEIR RESPONSIBILITY
FOR. EVERY OUTCOME. ALL OF ALL
OF THIS FOR THE BETTERMENT OF.
THE PUBLIC SAFETY OF OUR
COMMUNITY. SO MUCH. DESERVED
AND- ARE CRITICAL FUNCTIONS. OF
A CHEAP AND ONE THAT WE TAKE
SERIOUSLY. WELL TO THIS- IT
SIGNIFICANCE THE CURRENT
SCRUTINY REGARDING POLICE
CONDUCT. IN THIS ROLE BECOMES
EVEN MORE VITAL. PRIORITY
HEARING PRIOR TO THIS HEARING I
HAVE ASKED YEAH EACH OF OUR
BOARD MEMBERS. OF THIS WEEK- TO
PROVIDE ME WITH SOME FEEDBACK
REGARDING. THESE MATTERS TO
SHARE WITH ALL OF YOU- IN
GENERAL THE COMMENTS AT AROUND
TWO THINGS. FIRST THAT TEAMS DO
IN FACT HOLD OFFICERS
ACCOUNTABLE. FOR INITIATING BY
INITIATING ABOUT PERSONNEL
DESTINATIONS WHEN A VIOLATION
OF POLICY OR LAW HAS BEEN
ALLEGED. AND THEY TAKE THE
APPROPRIATE DISCIPLINARY
MEASURES AFTER AND-
INVESTIGATION HAS BEEN.
COMPLETED AND SUSTAINED. SECOND
THE PUBLIC RARELY SEES THESE
DISCIPLINARY ACTIONS AND THOSE
OF THEM WHICH CREATES A SENSE
OF SECRECY OR PERCEPTION OF
PERHAPS INACTION. AND WE KNOW
THIS. TO THE FIRST POINT POLICE
CHIEFS HAVE THE ABILITY TO
DISCIPLINE. ANY OFFICER FOR
MISCONDUCT OR VIOLATIONS
DEPARTMENT POLICIES IN
ADDITION. TO THE OFFICER
POTENTIALLY FACING CRIMINAL
PENALTIES. OR LEGAL LACKS IT IS
IMPORTANT. FOR ME TO KNOW THAT
SINCE THE SIGNING AND
IMPLEMENTATION. OF OUR
SPONSORED LEGISLATION IN TWO
THOUSAND NINETEEN SENATE BILL
ON TWO THIRTY BY SENATOR-
CABALLERO. ANY I'M YOU CALL
AUTHORED EVERY SINGLE
ENFORCEMENT AGENCIES. NOW I THE
USE FORCE BY THAT REQUIRES DE
ESCALATION RENDERING MEDICAL
AID. HE- DUTY TO INTERCEDE AND
MORE ALL OF WHICH AN OFFICER
CAN BE DISCIPLINED HI
POTENTIALLY TERMINATED. FOR
FAILING TO MEET THOSE
REQUIREMENTS AND- IN THIS NEW
STATEWIDE STANDARD. THE PROCESS
OF PERSISTENT COMPLAINTS OR
VIOLATIONS DOES REQUIRE
CONFRONTING THE ACCUSED WITH
ALLEGATIONS- ALLOWANCES FOR
REPRESENTATION APPEALS
EXCHANGING INFORMATION REVIEW
AND XCERRA A PROPOSAL OR UNIQUE
CHARACTERISTICS OF THE SYSTEM
OF JUSTICE WE ALL HOLD TO BE
FAIR IN OUR COUNTRY. IS A FORM
OF DUE PROCESS THAT WE HAVE FOR
EVERYONE ACCUSED MISCONDUCT FOR
CRIME. THEY'RE ALSO PROCESS IS
THERE ESTABLISHED THAT THE
LOCAL LEVEL. THROUGH COLLECTIVE
BARGAINING YEAH THAT INSTITUTE
THE METHOD OF RESOLVING
CONFLICT AND DISPUTE. HAS DONE
FOR MANY OTHER- PUBLIC
EMPLOYEES. ULTIMATELY THESE
SYSTEMS ENSURE BOTH SIDES HAVE
THE OPPORTUNITY TO PRESENT
THEIR CASE AND DECISIONS. ARE
MADE BASED ON EVIDENCE IN FACT.
WHEN THE DECISION ARE MADE IT
IS IMPORTANT THAT THE
CONSEQUENCES MATCH THE
SERIOUSNESS OF THE OFFENSE.
WHEN I BELIEVE COMES THE NEED
FOR THE CERTIFICATION SYSTEM IN
CALIFORNIA. OFFICERS WHO COMMIT
SERIOUS MISCONDUCT THAT WHICH
WE WOULD ALL AGREE SHOULD
DISQUALIFY HIM FROM HOLDING A
POSITION IN ANY LAW ENFORCEMENT
AGENCY SHOULD BE PERMANENTLY
REMOVED. FROM ELIGIBILITY
PERIOD. THIS IS IN THE POSITION
OF C. P. C. A. PRIOR TO
INTRODUCTION OF ANY-
DECERTIFICATION LEGISLATION
THAT WAS INCLUDED IN OUR
ASSOCIATIONS PLATFORM ON POLICE
REFORM IN TWO THOUSAND TWENTY
OF THAT AS WELL AS A TWO
THOUSAND TWENTY ONE AS WE ROLL
INTO IT. THAT'S JUST AND SHOULD
USE THE INFRASTRUCTURE ALREADY.
THAT WE ALREADY HAVE IN PLACE
TO INVESTIGATE IDENTIFYING
TRACT- JUDICATA REMOVE THOSE
BAD OFFICERS THAT STAY IN OUR
PROFESSION AND HAVE LOST THE
HONOR OF SERVING OUR PUBLIC
TRUST. WHAT WE DON'T WANT TO
SEE IS A SYSTEM THAT OFFICERS
ARE INVESTIGATED FOR MINOR
OFFENSES BY AGENCIES WITH NO
REAL FIRST HAND KNOWLEDGE OF
THE INCIDENT WHERE VANCE. WE
NEED THOSE WHO CONDUCTED THESE
INVESTIGATIONS BE
PROFESSIONALS. ARE WITH ENOUGH
EXPERTISE TO DO A THOROUGH AND
SOUND JOB WE ALSO WANT TO
ENSURE THOSE MAKING THE
DECISIONS TO. END SOMEONE'S
CAREER. THAT THEY HAVE
RELEVANT- EXPERIENCE UNDERSTAND
LAW ENFORCEMENT POLICY AND
RELEVANT LEGAL CASES AND CAN
MAKE FAIR DECISIONS. WE LOOK
FORWARD TO WORKING WITH THE
LEGISLATOR THE GOVERNOR AND
OTHER STAKEHOLDERS ON
LEGISLATION THIS. COMING YEAR
IN THAT REGARD. ADDITIONALLY TO
THE SECOND POINT MADE BY THE
BOARD MEMBERS WE NEED TO BE
MORE TRANSPARENT REGARDING OUR
DISCIPLINARY ACTIONS. CBCA WAS
THE ONLY- FONG COARSENESS OF
STATION TO SUPPORT SENATE BILL.
FOURTEEN TWENTY ONE BY SENATOR
SKINNER WHICH TOOK A MAJOR STEP
TOWARD ALLOWING THE RELEASE OF
POLICE PERSONNEL FILES. AND
ALTHOUGH THE LEGISLATION HAD
INITIALLY UPON IMPLEMENTATION.
IT DID FINALLY ALLOW CHIEFS TO
SHARE AND THE PUBLIC TO SEE THE
GOOD WORK OUR INTERNAL
INVESTIGATORS DO YOU JUST
SEARCH. OF THOSE ANSWERS- AND
ACCOUNTABILITY. HOWEVER LAW
ENFORCEMENT CAN DO BETTER- YOU
WE KNOW THIS WEEK- ENSURE THAT
DO BETTER. IN WHAT WE SHARE
WITH THE PUBLIC IN BECOMING
MORE TRANSPARENT LEGISLATION
LAST YEAR SB SEVEN SEVEN SIX.
ALSO BY CENTERS SKINNER SUCH
EXPAND- WHAT WE CAN RELEASE
UNFORTUNATELY- WE COULDN'T FIND
A COMPROMISE AND CIVIL
PENALTIES- DEFINITELY THE
RETENTION PERIODS THAT CONSIDER
THE COST FOR THE- CITIES AND
TOWNS- AGENCY IS ALREADY FACING
MAJOR BUDGET DEFICITS. BUT WE
HAVE ALREADY READING GATES IN
THOSE- OBSERVATIONS WITH THE
HOPES OF FINDING AND
OPPORTUNITIES TO SUPPORT. A
SUCH A MEASURE AGAIN. WE ALSO
NEED TO DO A BETTER JOB FOR THE
PUBLIC ABOUT THE DISCIPLINARY
PROCESS ITSELF. AND HOW THEY
CAN STAY INFORMED AND THEN
PARTICIPATE WITH THAT PROCESS.
IF AN INDIVIDUAL FINDS OF FILES
A COMPLAINT AGAINST AN OFFICER
THEY SHOULD KNOW WHAT HAPPENS
TO THAT COMPLAINT AND. HOW THE
CASE WAS RESOLVED. HOW CAN WE
EXPECT YOU KNOW OUR P. ARE HOW
CAN EXPECT TO TRUST A PROCESS
THAT THEY DON'T SEE. OR DON'T
HAVE ANY OPPORTUNITY TO TAKE
PART OF AND HELPING TO MAKE
MORE TRANSPARENT. HE'S OUR
SOLUTIONS THAT WE BELIEVE CAN
AND WILL MAKE A POSITIVE
CHANGE. BUT AGAIN I THINK YOU
PROVIDING FEEDBACK SPEAK WITH
YOU AND LOOK FORWARD TO
ANSWERING YOUR QUESTIONS. THANK
YOU VERY MUCH CHIEF KNOWN AS WE
REALLY APPRECIATE. ARE YOU
APPEARING A SECOND TIME- TO
THIS- TO THIS HEARING
PROVIDING- YOUR PERSPECTIVE AND
REPRESENTING THE POLICE CHIEFS
ASSOCIATION SO AGAIN THANK YOU
VERY MUCH- I'M SURE WE'LL HAVE
SOME QUESTIONS IF YOU CAN STICK
AROUND. AND WE DO APOLOGIZE FOR
THE VISUAL PART WE COULDN'T SEE
WHAT WE CAN WE HEARD YOU. LOUD
AND CLEAR- AND WE WILL TRY TO
MAKE SURE WE CAN ADDRESS THAT
AT SOME POINT TIME. WITH THAT
BEING SAID IT WANT TO- GO OUT
OF ORDER. FOR BRIEFLY ONE
CALLED MR PAUL HENDERSON-
MISTER HENDERSON IS WOULD SET
THE SAN FRANCISCO POLICE
DEPARTMENT- ACCOUNTABILITY- AND
SO WE APPRECIATE MISTER
HENDERSON PLEASE COME ON UP.
AND PLEASED TO HAVE A SEAT AT
THE TABLE. AGAIN REPRESENTING
THE SAN FRANCISCO OF DEPARTMENT
OF POLICE ACCOUNTABILITY.
MISTER HENDERSON WHEN YOU
SETTLE IN AND YOU HAVE A SIX TO
EIGHT MINUTES- TO PROVIDE YOUR
TESTIMONY IN PLEASE INTRODUCE
YOURSELF- AND THANK YOU SO VERY
MUCH FOR LENDING YOUR VOICE IN
THIS PROCESS AND SHARING WITH
US TODAY. WELL MISTER HENDERSON
IS PREPARING HIMSELF ALONE
ALSO- ALSO WANT TO- SHOULD
FOLLOW MY NOTES I WANT TO
CERTAINLY THANK OUR SPEAKER FOR
ALLOWING US TO ONE HAVE SUCH A
COMMITTEE AGAIN IS CERTAINLY
DEMONSTRATES- SPEAKER ANTHONY
RENDON I'M COMMITMENT AND HIS
LEADERSHIP ON POLICE REFORM IN
THE STATE OF CALIFORNIA SO
WANNA- CERTAINLY THANK OUR
SPEAKER FOR ALLOWING US TO HAVE
THIS SPACE IN THIS TIME SO WITH
THAT BEING SAID- MISTER
ANDERSON YOU ARE UP TO BATCH.
THANK YOU. HELLO OKAY WORKING
THANK YOU ALL SO MUCH FOR
HAVING ME IT'S A PLEASURE TO BE
HERE AND I'M HAPPY TO BE
ADDRESSING THIS REALLY
IMPORTANT TOPIC- MY NAME IS
PAUL HENDERSON I'M THE
EXECUTIVE DIRECTOR AT THE
DEPARTMENT OF POLICE
ACCOUNTABILITY IN SAN FRANCISCO
I'D JUST BY WAY OF BACKGROUND-
I SPENT ALMOST TWO DECADES AS A
PROSECUTOR AND ACTUALLY I WAS-
CHIEF- OF ADMINISTRATION UNDER
COMELEC HARRIS HERE IN
CALIFORNIA- AND THEN I WORKED
WITH THE MAYOR'S OFFICE AS
DEPUTY CHIEF OF STAFF FOCUSED
ON PUBLIC SAFETY AND SO THE
WORK THAT I DO NOW. AT THE
DEPARTMENT OF POLICE
ACCOUNTABILITY IT'S- ONE OF THE
LARGEST CIVILIAN OVERSIGHT
AGENCIES HERE IN THIS COUNTRY
THAT DOES INDEPENDENT
INVESTIGATIONS AND SO I'M
REALLY PASSIONATE ABOUT THAT
WORK AND I'M EXCITED TO BE ABLE
TO COME HERE AND TALK A LITTLE
BIT ABOUT WHAT THAT WORK IS ON
THE SET MY TIMER TO MAKE SURE
THAT. YOU KNOW YELL AT BANK-
YES YOU WOULD NOT. IT'S NOT MY
FIRST RODEO WHEN I WANT TO MAKE
SURE THAT I HAVE EVERYTHING
SET. UP AND I'M I'M REALLY
EXCITED TO TALK ABOUT- SOME OF
THESE TOPICS THAT YOU'VE BEEN
ADDRESSING OVER THE PAST FEW
WEEKS BUT REALLY ARE REFLECTIVE
OF SOME OF THE BIGGER PROBLEMS
ARE HAPPENING IN THIS COUNTRY
RIGHT NOW. AND WE HAVE A REAL
PROBLEM WITH PUBLIC TRUST AND
LAW ENFORCEMENT WE HAVE A REAL
PROBLEM WITH POLICE
ACCOUNTABILITY AS INTERPRETED
BY THE COMMUNITIES THAT LAW
ENFORCEMENT IS DESIGNED TO
SERVE AND SO. THE FACT THAT
WE'RE ALL COMING TOGETHER TO
ADDRESS SOME OF THESE SOLUTIONS
IS A VERY BIG DEAL. TO A LOT OF
PEOPLE IN THE STATE AND IN THIS
COUNTRY. I WILL SAY THAT WE
HAVE. RIGHT NOW- BEYOND JUST A
MOMENT IN TIME AN ENTIRE
MOVEMENT ADDRESSING THESE
ISSUES IN THIS COUNTRY. AND
THIS IS PART OF THE REASON WHY
WE SEE SO MUCH CIVIL UNREST
ADDRESSING THESE ISSUES
DIRECTLY. I WILL SAY- I'M
HOPEFUL THAT SOLUTIONS ARE IN
THE FUTURE. AND I THINK WE HAVE
SOME GUIDELINES ALREADY THAT
EXIST- ONE OF THE BIGGEST I
THINK THAT EXIST IS. THAT THE
ISSUED. THEY ISSUED RULES FROM
TWENTY FIRST CENTURY POLICING
THAT WE'VE HAD FOR A NUMBER OF
YEARS THAT CAME OUT UNDER THE
OBAMA ADMINISTRATION BUT PART
OF THE PROBLEM- WITH THE TWENTY
FIRST CENTURY CENTURY POLICING
IS THAT THOSE SOLUTIONS ARE
ENCOURAGED AND NOT MANDATORY.
AND THEY ARE INTERPRETED
DIFFERENTLY JURISDICTION TO
JURISDICTION AND THAT GOES
BEYOND JUST LOCAL IT GOES TO
STATE AS WELL AND CERTAINLY AT
THE FEDERAL LEVEL WE'VE HAD
SOME INCONSISTENCIES IN TERMS
OF HOW THOSE POLICIES SHOULD BE
MANDATED AND ENFORCED- TO HAVE
HIGHER ACCOUNTABILITY
SPECIFICALLY. FOR COMMUNITIES
OF COLOR AND DISENFRANCHISED
COMMUNITIES AND SO THAT'S PART
OF WHAT THE PROBLEM IS AND LIKE
I SAID I YOU KNOW SOMETIMES.
PEOPLE CHALLENGE ME ON MY
OPINIONS AND THAT'S FINE BUT
YOU DON'T GET TO CHALLENGE ME
ON FACTS AND YOU DON'T GET THE
CHALLENGE ON STATISTICS THAT WE
KNOW THAT OUR ABSOLUTE. THAT
CONFIRM REYES DISPARITIES AND
POLICING IN THIS COUNTRY RIGHT
NOW THESE ARE JUST FACTS- AND I
LIKE TO TALK ABOUT THESE THINGS
GENERALLY BECAUSE- IT'S HARD
WHEN FOLKS AREN'T ON THE SAME
PAGE AND ARE CHALLENGED WITH
OUT A FIRM UNDERSTANDING OF
THAT RACE DISPARITIES ARE
ACTUALLY EXISTING AND MOST IF
NOT ALL JURISDICTIONS. AND TO
THE DEGREE THAT'S AN ISSUE I
ENCOURAGE PEOPLE TO LOOK AT
THEIR USE OF FOR STATISTICS AND
OVERLAY THEM WITH RACE ANALYSIS
AND YOU'LL SEE- AND HAVE IT
CONFIRMED. THAT OVER 19% OF USE
OF FORCE RECORDS ARE HIGHER FOR
COMMUNITIES OF COLOR THE AGAIN
THESE ARE JUST FACTS- AFRICAN
AMERICAN MAN SPECIFICALLY ARE
TWENTY ONE TIMES MORE LIKELY TO
BE. KILLED WITH INTERACTIONS.
WITH LAW COURSE AGAIN FEES ARE
JUST FACTS BUT THEY GIVE US THE
GROUNDWORK AND A FRAMEWORK TO
UNDERSTAND THERE ARE
DISPARITIES AND NOW WHAT CAN WE
DO TO SOLVENTS AT TO SOLVE
THEM. HOW DO WE REBUILD PUBLIC
TRUST AND HOW DO WE HAVE ACTUAL
POLICE ACCOUNTABILITY. AGAIN WE
ALREADY KNOW NOT ALL COPS ARE
BAD BUT THE INSTITUTION OF
POLICING HAS TO CHANGE TO BE
RACE NEUTRAL. WE ARE PAYING OUR
TAX DOLLARS WE ARE ENTITLED TO
PUBLIC SAFETY FOR ALL
COMMUNITIES THAT IS RACE
NEUTRAL AND THAT DOES NOT
INCLUDE. RACE DISPARITIES- THE
BEST PRACTICES AS DEFINED BY
TWENTY FIRST CENTURY POLICING
OUR CIVILIAN OVERSIGHT AGENCIES
WHERE YOU HAVE AN INDEPENDENT
AGENCY EVALUATING LAW
ENFORCEMENT PRACTICES WE'VE GOT
OVER SEVENTEEN THOUSAND LAW
ENFORCEMENT AGENCIES AND THIS
COUNTRY. AND JUST OVER TWO
HUNDRED CIVILIAN OVERSIGHT
AGENCIES AND I AM THE HEAD OF
ONE OF THOSE AGENCIES. HERE IN
CALIFORNIA BUT THAT MEANS THAT
MY INFORMATION IS EVIDENCE
BASED IT IS BASED ON THE
TRANSGRESSIONS AND THE
COMPLAINTS THAT COME INTO MY
OFFICE THAT I SEE. BEYOND JUST
WHAT MY OWN PERSONAL
EXPERIENCES HAVE BEEN GROWING
UP IN THIS COUNTRY AND IN THE
STATE- AS WELL. SO KNOWING THAT
INFORMATION I WOULD SAY. THAT
ONE OF THE THINGS THAT WE HAVE
TO DEAL WITH- AS A PRIORITY IS
ADDRESSING PUBLIC TRUST AND WHY
IT'S BROKEN AND WHAT SOME OF
THOSE SOLUTIONS ARE AND I WOULD
SAY SOME OF THE LOW HANGING
FRUIT OR SOME OF THE CHALLENGES
THAT. WE SHOULD START WITH OUR
WE COULD START WITH ARE MAKING
SURE THAT POLICE AND LAW
ENFORCEMENT AGENCIES ARE NOT
JUST INVESTIGATING THEMSELVES.
THAT HAS NOT PROVEN TO BE
RELIABLE AND IT'S CERTAINLY NOT
PROVEN TO SPEAK TO THE LACK OF
PUBLIC TRUST ABOUT WHAT THE
PROCESSES ARE THAT WE'VE
DEVELOPED AS LEADERS AND AS
LEGISLATORS. TO MAKE SURE THAT
SYSTEMS OF ACCOUNTABILITY. ARE
SIMILAR FOR THE PUBLIC AS THEY
ARE FOR LAW ENFORCEMENT AND
THEY'RE CERTAINLY NOT
ACCOUNTABLE IN THE SAME WAYS.
AND SO ONE OF THE CHALLENGES I
THINK WE CAN START DEALING WITH
IS THAT SINGULAR ISSUE WHERE WE
DON'T HAVE CIVILIAN OVERSIGHT.
WHERE INDEPENDENT JURISDICTIONS
ARE FORCED TO RELY ON LAW
ENFORCEMENT AGENCIES
INVESTIGATING THEMSELVES THAT
IS NOT PROVEN RELIABLE NOR HAS
IT PROVEN. NOR HAS IT BEEN
PROVEN TO BE A TOOL THAT
COMMUNITIES ARE COMFORTABLE
RELYING ON- AND I WOULD TAKE
THAT A STEP FURTHER THAT
JUSTICE INDEPENDENTLY SHOULD
NOT REST ENTIRELY ON THOSE
LOCAL PROSECUTORS TO EVALUATE
EVIDENCE OR INVESTIGATIONS FROM
THE LAW ENFORCEMENT AGENCIES
THAT THEY WORK WITH ON A
REGULAR BASIS. THERE SHOULD BE
STANDARDS WHERE DOES
INTERACTION SPECIFICALLY WHEN
THEY INVOLVED LETHAL FORCE WERE
OUTSIDE AGENCIES ARE EVALUATING
WHAT THOSE INCIDENTS ARE THAT
SPEAKS DIRECTLY TO WHAT THE
PUBLIC CAN RELY UPON AND TRUST
AS OBJECTIVE. OBJECTIVE
EVALUATION AND ANALYSIS OF
WHAT'S GOING ON I MEAN THIS ALL
SPEAKS OF THINGS I'M GOING TO
CLOSE OUT WITH IN TERMS OF
TRANSPARENCY AND DATA BUT
THAT'S THE FOUNDATION OF IT I
THINK WE HAVE A REAL
OPPORTUNITY TO LOOK AT SOME OF
THE SOLUTIONS NOW. AND AGAIN
THIS IS NOT JUST- MOMENT THAT
WE'RE HAVING THIS IS AN ENTIRE
NEW MOVEMENT AND WE'VE BEEN
ADDRESSING RACE DISPARITIES IN
OUR JUSTICE SYSTEM FOR DECADES
NOW BUT NOW I THINK WE'RE AT A
TIME WHERE COMMUNITIES ARE MORE
INFORMED AND HAVE SPECIFIC
DEMANDS. ON WHAT LAW
ENFORCEMENT MUST BE ACCOUNTABLE
FOR THEM WHAT OUR EADERS ARE
ACCOUNTABLE FOR IN TERMS OF
STRUCTURING SOLUTIONS THAT
PEOPLE CAN RELY ON YOU CANNOT
HAVE PUBLIC TRUST WITH
INFORMATION THAT IS NOT SHARED.
WHICH GETS ME TO THE DATA POINT
THAT THE PART THAT THINGS ARE
DISCUSSED IN TWENTY FIRST
CENTURY POLICING IN TERMS OF
DATA WHERE THE DATA SHARING IS
ENCOURAGED THAT NEEDS TO BE
MANDATED WE SHOULD HAVE RULES
DEFINING DATA COLLECTION. DATA
TRANSPARENCY AND THIS IS THE
MOST IMPORTANT PART THE DATA
AND ANALYSIS IT IS NOT ENOUGH
FOR YOU TO JUST COLLECT THE
DATA AND ISSUE TEN THOUSAND
PAGES OF CHARTS AND GRAPHS AND
NUMBERS WITHOUT INFORMATION AND
SOME OF THAT INFORMATION NEEDS
TO BE. DEFINED WITH RACE THAT
INFORMATION IS SO IMPORTANT FOR
US TO SOLVE THINGS BECAUSE WE
CAN'T FX WHAT WE DON'T TALK
ABOUT AND WE CAN'T TALK ABOUT
WHAT WE DON'T KNOW AND IF WE'RE
NOT COLLECTING THE DATA TO MAKE
IT TRANSPARENT AND SHARING IT
WITH THE BROADER COMMUNITIES. I
FEEL LIKE WE'RE SPINNING OUR
WHEELS AND WE'RE NOT SPEAKING
TO THE PUBLIC TRUST THAT WE
HAVE TO CULTIVATE. AND THAT WE
HAVE TO DEVELOP. I WOULD SAY IN
TERMS OF SOME OF THE TOOLS THAT
WE HAVE AT OUR DISPOSAL ALREADY
IN THIS STATE LIKE THE NINETY
SIX A. REPORTS IN THE FOURTEEN
TWENTY ONE REPORT. THEY'RE
STILL BEST PRACTICES THAT NEED
TO BE SHARED IT SHOULDN'T BE
THAT IT'S A CATCH AS CATCH CAN
BUY JURISDICTION TO
JURISDICTION WHO'S DOING IT
WELL. AND WHO HAS RELIABLE
INFORMATION THAT'S BOTH SHARED.
MAY TRANSPARENT AND ANALYZED
THERE SHOULD BE STANDARDS THAT
WHERE EVER YOU GO SPECIFICALLY
IN THE STATE. BUT THAT'S TAKING
PLACE BECAUSE IF WE BUILD IT
HERE IN CALIFORNIA. OTHER
STATES WILL FOLLOW BECAUSE I
BELIEVE ALL COMMUNITIES ARE
DEMANDING THAT ESPECIALLY
DISENFRANCHISED COMMUNITIES.
THAT ARE AT THE OPPOSITE END OF
THE RACE DESPERATE OUTCOMES
THAT PEOPLE ARE PAYING FOR WITH
THEIR TAX DOLLARS. THIS IS OUR
OPPORTUNITY IS SIGNED AND THIS
IS OUR OPPORTUNITY TO BUILD
THOSE SOLUTIONS. MEASURES
ANDERSON ABOUT THIRTY SECONDS
ALL OKAY. THE OTHER TWO
IMPORTANT THINGS I THINK WE
NEED TO FOCUS ON OUR POLICIES
POLICIES HAVE TO BE EVIDENCE
BASED POLICIES. DIRECTED
TOWARDS THE DEPARTMENT SO
THEY'RE NOT BE A RADICAL
SOLUTIONS ARE ACTUALLY BASED ON
REAL PROBLEMS THAT WE'VE
DEFINED BY THE DATA THAT WE'VE
COLLECTED. AND THEN THE LAST
THING THAT I WANT TO FOCUS ON
IS MAKING SURE THAT ONCE WE'VE
COME UP WITH THOSE- POLICY
SUGGESTIONS THAT IT'S
ABSOLUTELY TIED TO TRAINING WE
HAVE TO REFORM AND ADDRESS
TRADING WE HAVE TO REFORM AND
ADDRESS BIAS AND THE ONLY WAY
THAT WE'RE GOING TO DO THAT. I
BELIEVE IS BY HAVING. NEW AND
BROADER MEASURES OF
INDEPENDENCE OUTSIDE OF THE LAW
ENFORCEMENT CYCLES TO EVALUATE
AND COME UP WITH SOLUTIONS
MANDATES AND POLICIES FOR THOSE
SAME AGENCIES TO MAKE THEM MORE
COUNTABLE TO THE COMMUNITIES
THAT THEY ARE DESIGNED TO SERVE.
THANK YOU VERY MUCH FOR YOUR
FOR YOUR TEST YOUR TESTIMONY WE
REALLY APPRECIATE- WE'LL JUST
ASK IF YOU CAN JUST. SIT TIGHT
IN THE AUDIENCE. BECAUSE THAT
WILL HAVE MEMBERS WHO ASK YOU
QUESTIONS AND YOU HAVE TO GIVE
THE OPPORTUNITY COME BACK UP
AND POSSIBLY INCORPORATE WHICH
YOU DIDN'T FINISH THE HOBBIT
INTO- YOUR REBUTTAL OR REMARKS
THAT- RESPONSE FROM OUR MEMBERS
OF THANK YOU. VERY VERY MUCH
WE'RE GOING TO GO OUT OF ORDER
ONCE AGAIN WE'RE STILL WAITING
FOR- OUR DEAN OF OUR LAW SCHOOL
UC BERKELEY TO JOIN US TO BE
JOINING US. IS BEING DELAYED A
LITTLE BIT SO NEXT UP WE WANT
TO MOVE TO OUR NEXT PANELIST
RETIRED LIEUTENANT- THE- GHOST.
SHE'S A CURRENT BOARD CHAIR- IT
INCOME EXECUTIVE DIRECTOR AT
THE LOSS AT THE LOCALLAW
ENFORCEMENT ACTION PARTNERSHIP
SO SHE WILL BE JOINING US
VIRTUALLY ARE YOU WITH US. MS
GHOSTING I AM MISTER CHAIRMAN
THANK YOU VERY MUCH FOR THE
INVITE AND THE OPPORTUNITY TO
SPEAK IN FRONT OF THIS ESTEEMED
PANEL. I AND MY COLLEAGUES-
THANK YOU FOR THE OPPORTUNITY
TO CONTRIBUTE TO THIS IMPORTANT
CONVERSATION. I'M HERE TO
REPRESENT MYSELF HAVING SPENT
MY CAREER AS A POLICE OFFICER
IN REDONDO BEACH CALIFORNIA AND
AS THE CHILDREN NOTED THE
CURRENT BOARD CHAIR AND
INCOMING EXECUTIVE DIRECTOR FOR
THE LAW ENFORCEMENT ACTION
PARTNERSHIP. ALSO KNOWN AS LEAP
LEAP IS A NONPROFIT GROUP A
PULL BASED PROSECUTORS JUDGES
AND OTHER CRIMINAL JUSTICE
PROFESSIONALS WHO SPEAK FROM
IRST HAND EXPERIENCE. OUR
MISSION IS TO MAKE COMMUNITIES
SAFER BY FOCUSING LAW
ENFORCEMENT RESOURCES ON THE
GREATEST THREATS TO. PUBLIC
SAFETY PROMOTING ALTERNATIVES
TO ARREST NEW CAR SERRATION
ADDRESSING THE ROOT CAUSES OF
CRIME. AND BRIDGING THE GAP AND
KILLING A POLICE COMMUNITY
RELATIONS. WHAT WE KNOW TODAY
IS THAT THE MAJORITY OF
AMERICANS STATE THAT POLICING
NEEDS MAJOR CHANGES AND THEY
SUPPORT WIDESPREAD REFORMS.
WHICH INCLUDE CHANGING
MANAGEMENT PRACTICES SO OFFICER
ABUSES ARE PUNISHED. BUT I WANT
TO NOTE THAT AMERICANS ACROSS
THE COUNTRY ALSO SUPPORT LAW
ENFORCEMENT BUT WHAT THE DEMAND
IS PROFESSIONAL AND GOOD
POLICING. ONE OF THE QUESTIONS
THAT I WAS ASKED TO ANSWER WAS
TO LOOK AT THIS VERY COMPLEX
AND LAYERED CONVERSATION AND TO
SEE YOU KNOW. ARE THERE HURDLES
ENOUGH HOLDING OFF SERVICE
RIGHTS WHILE SEEKING TO HOLD
THEM ACCOUNTABLE FOR MISCONDUCT
AND- WHAT I'D LIKE TO SAY IT IS
I FULLY SUPPORT AND UNDERSTAND
THE NEED FOR ENSURING THAT
POLICE OFFICER PROCEDURAL
RIGHTS ARE UPHELD. AND I'VE
ALWAYS SUPPORTED PEACE PROCESS
SAYS. YOU DON'T HAVE THE TIME
TO TALK IN DEPTH ABOUT THE
ARBITRATION AND THE APPEALS
PROCESS BUT I WANT TO NOTE THAT
THERE'S A GROWING BODY OF
RESEARCH AND EVIDENCE THAT
SPEAKS TO THE INTERSECTION OF
HOW POLICE MEMORANDUMS THE
POLICE OFFICER BILL OF RIGHTS.
AND COLLECTIVE BARGAINING
AGREEMENTS CAN'T CONTRIBUTE
BOTH TO THE PERCEPTION THAT
OFFICERS ARE BEING HELD
ACCOUNTABLE FOR CREATE BARRIERS
FOR OFFICERS BEING HELD
ACCOUNTABLE SO FOR A FUTURE
DISCUSSION A TOPIC I THINK THAT
THERE ARE PLACES THAT WE CAN.
POTENTIALLY AGREED THAT THERE
NEEDS TO BE SOME TWEAKING OF
THESE SYSTEMS. BUT THE LARGER
QUESTION IS HOW WE IMPROVE A
SYSTEM OF POLICE ACCOUNTABILITY
AND WHAT PROCESS AND POLICIES
CAN HELP US BETTER SERVE OUR
COMMUNITIES. TO ENSURE
PROCEDURAL JUSTICE. IN THIS
DISCIPLINE PROCESS. SO. BUT
WHAT I REALLY WANT TO SPEAK TO
IS AS WE LOOK AT THIS
DISCIPLINE PROCESS AND AS WE
LOOK AT THIS LICENSE IN A
REPLICATION PROCESS THAT THERE
ARE CITIES IN CALIFORNIA THAT
HAVE LOOKED AT THEIR
ARBITRATION PROCESS IN SO
FOURTEEN AS AN EXAMPLE BARS AN
ARBITRATOR FROM OVERRULING OR
MODIFYING PUNISHMENT HANDED
DOWN AGAINST AN OFFICER UNLESS
ARBITRATOR FINDS THE PUNISHMENT
TO BE ARBITRARY CAPRICIOUS
DISCRIMINATORY OR OTHERWISE.
UNREASONABLE AND IT'S THIS TYPE
OF LANGUAGE THAT PROTECTS BOTH
THE OFFICER AND THE COMMUNITY
BUT WHAT IS CLEARLY NOT WORKING
CALIFORNIA'S ALSO LACK OF THE
DECERTIFICATION PROCESS. POLICE
DECERTIFICATION IS AN INTUITIVE
AND EFFECTIVE RESPONSE TO THE
ESCALATING POLICE COMMUNITY
RELATION CRISIS IN OUR COUNTRY.
PROTESTS AROUND THE COUNTRY AS
WELL AS THE PREVIOUS SPEAKER
NOTED WERE PREDICTABLE RESPONSE
HER ABJECT FAILURE TO ADDRESS
SPECIFIC TRANSPARENCY AND
ACCOUNTABILITY CONCERNS WITHIN
THE PROFESSION OF LAW
ENFORCEMENT. I WOULD ALSO
SUGGEST THAT THE CERTIFICATION
SHOULD BE THE LAST PROCESS IN
THE SYSTEM OF PROFESSIONALISM
ACCOUNTABILITY AND TRANSPARENCY
THAT INCLUDES THE ENGAGEMENT.
OF ALL COMMUNITY STAKEHOLDERS
NOT JUST LAW ENFORCEMENT.
SYSTEMIC APPROACHES TO ENSURE
ACCOUNTABILITY AND PREVENT
MISCONDUCT MUST INCLUDE CLEAR
POLICIES TRAINING AFFECTED
SUPERVISION CIVILIAN REVIEW AND
OVERSIGHT ROBUST EARLY
INTERVENTION SYSTEMS NATIONAL
STATE LEVEL PROCEDURAL JUSTICE
STANDARDS. AN INDEPENDENT
SENTINEL EVENT REVIEW SYSTEMS
DESIGNED TO REVIEW FATAL
SHOOTINGS AND ERRORS OF JUSTICE
IN THE EVENT OF MISTAKES. D.
CERTIFICATES THOUGH WILL ALSO
REQUIRES TO SUPPORT OF FEDERAL
RESPONSE TO CREATE A BETTER
FUNDED AND MORE ROBUST NATIONAL
DECERTIFICATION INDEX AS NOTED
BY THE TWENTY FIRST CENTURY
POLICING AND POLICY
RECOMMENDATIONS WE NEED A
NATIONAL REGISTER OF
DECERTIFIED OFFICERS THAT
AGGREGATES UP TO DATE DATA. OF
THOSE WHO HAVE LOST THEIR
LICENSES ARE BEEN DISSED THE
CERTIFIED PREVENTING THEM FROM
BEING HIRED ANOTHER
JURISDICTIONS. BUT CLEARLY THE
QUESTION FOR DECERTIFICATION
FOR THIS COMMITTEE AND FOR THE-
FOR FUTURE LEGISLATION IS HOW
DO WE DESIGN THE CERTIFICATION
PROCESS IN CALIFORNIA.
INVESTORS FOR BASIC QUESTIONS
WHAT RESPECT YOU PROCEDURAL DUE
PROCESS AND THE RULE OF LAW
THAT IS INCLUSIVE OF. AS I
STATED BEFORE NOT JUST LAW
ENFORCEMENT BUT OUR COMMUNITY
VOICES AS WELL. AND BY CLEARLY
ANSWERING THESE QUESTIONS YOU
CAN HELP REMOVE OBSTACLES TO
SUCCESSFUL IMPLEMENTATION OF A
ROBUST DECERTIFICATION PROCESS
AND SUPPORT POLICE LEGITIMACY
THAT HELPS RESTORE COMMUNITY
TRUST. AND THE FOUR QUESTIONS
THAT I BELIEVE ARE ARE
CRITICALLY IMPORTANT OUR WHICH
CRIMINAL JUSTICE OFFICERS
SHOULD BE SUBJECT TO
DECERTIFICATION. WHO WHO ELSE
DOES IMPACT YOU CORRECTIONAL
OFFICERS POLICE OFFICERS
COMMUNITY SERVICE OPS SERVERS-
DOES IT IMPACT PRIVATE SECURITY.
WHAT KINDS OF MISCONDUCT SHOULD
RESULT IN DECERTIFICATION WHAT
MECHANISMS NEED TO BE IN PLACE
TO ENSURE PARTICIPATION BY
EVERY DEPARTMENT IN THE
CERTIFICATION. AND AS WE'VE
SEEN ACROSS THE COUNTRY IN
OTHER MODELS. WHAT ARE THE
POSSIBLE SOLUTIONS TO THE
PERSISTENT LACK OF COMPLIANCE
TO REPORT AND INVESTIGATE
MISCONDUCT BY AGENCIES AND
RECORDING TWO COMMISSIONS THAT
DECERTIFYING REVOKE LICENSING.
I'M I KNOW I. PROBABLY COULD
SPEAK MORE BUT I'D LIKE TO ALSO
STATE SOME TIME FOR QUESTIONS
SO- I WANT TO THANK OUR BOPPARD
I WANT TO THANK EVERYONE FOR
THIS OPPORTUNITY TO SHARE MY
EXPERTISE AND I LOOK FORWARD
FOR WORKING WITH THE
LEGISLATURE AND WITH THE
COMMUNITY AND WITH OTHER LAW
ENFORCEMENT ORGANIZATIONS TO
FIND A PROCESS. THAT IS FAIR
AND BALANCED. THANK YOU VERY
MUCH OF THE SENATE GHOSTING WE
APPRECIATE YOUR TESTIMONY AND
PLEASE IF YOU CAN JUST- STICK
AROUND WE MAY HAVE SOME
QUESTIONS- FOR YOU- FROM OUR
MEMBERS AND WITH THAT BEING
SAID WE WANT TO GO INTO- WE'RE
STILL WAITING FOR MR. ASSUME
RISKY TO JOIN US- WITHOUT NO
FURTHER DO WILL GO RIGHT INTO
OUR QUEUE IN A- PORTION SO
MEMBERS WHO ARE JOINING US
REMOTELY OR VIRTUALLY IF YOU
CAN PLEASE TEXT ME IF IN FACT
YOU HAVE ANY QUESTIONS WE WANT
TO- TAKE. YOUR QUESTIONS- AND
I'LL START WITH ANY MEMBERS OF
THE PANEL FIRST- BEFORE WE DO
THAT WE HAVE- MISTER MCCARTY
WHOSE JOIN AS YOU SAY LIKE TO
SAY A FEW WORDS AND THEY WILL
GO TO MISTER CHAD MAYES- LAST.
YOU WERE TO ASK A QUESTION
GREAT FANTASTIC- WELL YOU WANT
US OF COURSE YOU KNOW. EAST
YEAH CERTAINLY MISTER CHAT
THANKS FOR HAVING US AGAIN
TODAY AND I THINK THAT
LEGISLATION THAT WE PUT FORWARD
IN TWENTY TWENTY ONE ONLY BE
BETTER. BECAUSE WE'RE ABLE TO
DIG IN HERE AND THIS OF COURSE
WAS SOME OF THE UNFINISHED
BUSINESS FROM TWENTY. TWENTY AS
AR AS- DECERTIFICATION AND AS
WE KNOW IT'S OUT OF THE GATE
IT'S BEEN ANNOUNCED AS A TOP
PRIORITY OF BOTH OUR SPEAKER OF
THE ASSEMBLY ANTHONY RENDON. AS
WELL AS THE PRO TEN WHO'S A
JOINT AUTHOR ON I THINK IT'S
ASSEMBLY BILL ONE OR 2% OF BILL
ONE OR TWO. COMING OUT ON THIS
TOPIC SO I WANTED TO ENGAGE AND
I DID HERE- THE MINISTER MARVEL
PORAC AND- THE CHIEF MISTER
NUNEZ- WHO'S THE PRESIDENT
SHE'S ASSOCIATION I HEARD THEM-
HEARD THE PRESENTATION EVEN I
WASN'T HERE- AND I WANTED TO.
ASK THEM. THAT KIND OF TO. AND
ACT I KNOW WE'RE NOT. VOTING ON
THE BILL BUT BUT IN GENERAL-
WHAT HAVE BEEN THE IMPEDIMENTS
OF PUTTING FORWARD A
DECERTIFICATION PROCESS ALL
THESE YEARS I UNDERSTAND THAT
WE'RE TALKING ABOUT IT NOW- WE
HAVE A COUNTER PROPOSAL FROM
LINE FOR SPIN WE HAVE A MORE.
AGGRESSIVE PROPOSAL FOR MISTER
BRADFORD THEIR OPINION WHY
HAVEN'T WE DONE ANYTHING TO
DATE IF IT IS INADEQUATE AND DO
THEY THINK THE SECOND QUESTION
DO THEY THINK THAT THERE. ARE
OFFICERS THAT SLIP THROUGH THE
CRACKS THAT ARE CURRENTLY-
EMPLOYED IN LAW ENFORCEMENT-
BECAUSE THEY THEY RESIGN BEFORE
AN INVESTIGATION IS FINALIZED.
MAYBE THERE ISN'T A CRIMINAL
ACTION BUT THERE'S AN
OPPORTUNITY TO FOR PEOPLE TO-
SLIP THROUGH THE CRACKS AND-
CONTINUE WITH OTHER THAT
DEPARTMENT OR NEW JASON
DEPARTMENT SO. THOSE WOULD BE
MY TWO QUESTIONS. THANK YOU
VERY MUCH- CHIEF NUNEZ WAS IT.
NEW YES AND MARBLE. MISTER
MOORE OFFICER MARVEL. I MISS
NEW YEAR'S PLEASE ON MUTE
YOURSELF AND YOU CAN PROCEED
WITH. SURE THIS IS A G. IN HIS
ARMS. YEAH OF THAT REALLY IS
ASSEMBLY MEMBER- ARE YOU WAS
ASKING THAT QUESTION I THINK
THERE ARE NO DOUBT THERE ARE
OFFICERS THAT I HAVE SLIPPED
THROUGH THE CRACKS AND I THINK
FOR THE VERY REASON THAT HE-
INDICATED WHICH WAS THAT- WELL
ONE OF THE REASONS. IS BECAUSE
THEY HAD NO THERE ARE A NUMBER
OF- POSTED HAVE- YOU KNOW
RESIGNED- BEFORE THE COMPLETION
OF A AN INTERNAL AFFAIRS
INVESTIGATION BUT WE CAUGHT OUR
FIRST NOW THAT'S THE ASIAN. AND
AS A RESULT- THEY AREN'T-
DISCIPLINE BY THAT AGENCY THAT
WAS- THERE AT WORK FOR
PREVIOUSLY- AND SO THE TRACKING
OF THAT INFORMATION THEY DO-
BACKGROUNDS ON OFFICERS TO GO
TO THOSE POLICE DEPARTMENTS
BUT- WHEN THEY YOU KNOW WHEN
YOU GET TO THE POINT WHERE
YOU'RE ASKING ABOUT
INVESTIGATIONS WHAT WAS THE
OUTCOME THERE WAS NO OUTCOME
RIGHT BECAUSE- THE
INVESTIGATION WASN'T COMPLETED-
AND- BECAUSE THEY HAD LEFT-
PREVIOUS TO IT HAPPENED I'M
COMING TO COMPLETION SO. I
THINK- THOSE INSTANCES OF THAT
THOUGH NOT- NUMEROUS THEY ARE
THEY ARE THERE AND THAT'S
REALITY AND- AND THAT'S ONE OF
THE THINGS THAT WE HOPE TO- TO
FIX OUR WAS- WITH THAT THE
CERTIFICATION LANGUAGE. AND
GETTING THAT FIXED NOW TO THE
VERY FIRST PART OF THAT WERE.
WHY HAVE WE DONE THIS SOONER I
REALLY CAN'T ANSWER TO THAT
OTHER THAN I KNOW WE'VE BEEN
TALKING ABOUT IT TELL CHEESE
FOR A WHILE- THE END- IN. WE
INITIALLY. WERE- INDOORS THE OR
SUPPORTIVE OF- OF THE FIRST
BILL THAT CAME OUT WITH BRAD
ONE RAPPER CAME. OUT WITH THE
BILLS AND BRADFORD AND WE- IT
WAS THOUGH THERE WAS SOME
LANGUAGE ISSUES THAT WE- I
PROBLEMS WITHIN SOME OF THE
OTHER ISSUES THAT- THE WEEK-
THAT MADE IT SO THAT WE COULD
NOTE- COULDN'T SUPPORT IT. BUT
WE DO SUPPORT THE CONCEPT THAT
WE DO SUPPORT- MOVING FORWARD.
WITH THAT- AND HAVING AND HAVE
I THINK OUR WHO WAS- PRESENT
MARBLE THAT IT'S STATED- THAT-
HAVING POSED TO THE SINCE THEY
DO THE CERTIFICATION. OF
OFFICERS BE THE BODY THAT D.
CERTIFIES THEM. AND THAT WAS A
AN IMPORTANT ASPECT. OF THAT
FOR US- CHEAP NEW YEAR'S WHAT I
HAVE FOLLOW FOR YOU SO. DID I
HEAR CORRECTLY WHEN YOU SAID
THAT- THE INVESTIGATION STOPS
IF AN OFFICER- RESIGN. AND YOU
DON'T GO FOR TO CONCLUDE
WHETHER NOT THAT PERSON WAS
ACTUALLY- COMMITTED TO WHATEVER
THAT PERSON WAS ALLEGED TO
COMMIT SO THAT JUST STOPS IT IS
NOT A WAY FOR AN OFFICER TO. IT
TOO- GO TO ANOTHER POLICE
DEPARTMENT SAY THAT YOU HAVEN'T
BEEN PROSECUTOR OR FOUND GUILTY
OR WHATEVER ALLEGATIONS MAYBE.
AS CHAIR THERE ARE SOME
INVESTIGATIONS WERE SOME
AGENCIES ARE ABLE TO CONTINUE.
AND DO THAT BUT FOR IF IN PART
OF THAT INVESTIGATION IS
INTERVIEWING THAT OFFICER
GETTING THEIR TESTIMONY. AND
GETTING THAT AS PART OF THE
EVIDENCE IN THAT CASE AND YOU
DON'T HAVE IT IT'S HARD TO COME
TO THE- CONCLUSION- YOU KNOW
HOW WITH THAT INVESTIGATION.
AND AND THAT'S WHAT I WAS-
REFERENCING. SO THEY CAN PICK
IT IS ACTUALLY YOU HAVE AN
INCOMPLETE INVESTIGATION AT
THAT POINT. OKAY SO ANYONE
COULD USE THAT METHOD TO- TO
EVADE OR TO AVOID BEING OF
FIRED A BLEMISH ON A PERSON'S
RECORD- AND SO DO YOU THINK
THAT'S THE RIGHT WAY TO GO IN
YOUR OPINION. HE NO I DO NOT
THINK IT'S RIGHT WHERE YOU ARE
AND THEN THE LATE AS I SAID
WE'RE TALKING ABOUT YOU KNOW
BAD APPLES IN MOST POLICE
OFFICERS ARE GONNA WANT THAT
DUE PROCESS. AND BE ABLE TO GO
THROUGH THE PROCESS AND END UP
FIGHTING FOR THEIR YOU KNOW
THEIR THEIR THEIR GOOD NAME AND-
AND THEN THEY ALSO HAVE A
PROPERTY RIGHT ASSOCIATED WITH
THAT BUT- ITS THE- THOSE FEW
BAD APPLES WITHIN OUR
PROFESSION. THAT ARE GONNA
PROBABLY OPT FOR THAT- A
RESIGNATION AND THEN HOPE TO
ESCAPE THE COMPLETION OF THAT
INVESTIGATION- SO YEAH I DON'T
THINK THAT'S APPROPRIATE. AND I
WOULD LIKE TO SEE THAT- YOU
KNOW COME BE ABLE TO COMPLETE.
SOMEHOW COMPLETE THOSE
INVESTIGATIONS OR AT LEAST
THAT'S PART OF THE
DECERTIFICATION PROCESS. THAT
WE'RE TALKING ABOUT SO THAT
THEY YOU KNOW THAT GOES ON
RECORD WITH- POSTED THESE.
FOLKS HAVE BEEN LEAVING. IN
LIEU OF- RESIDENT NOW RESIDING
IN LIEU OF GERMANTOWN
TERMINATION OR DISCIPLINE. OKAY
THANK YOU VERY MUCH I MISS
MCCARTY- YOU COMPLETE YEAH I
THOUGHT THAT MAYBE IT MISTER
HENDERSON A POLICE JUMPED UP
HERE SO THOUGHT HE WANTED TO.
ENGAGE IN THIS PLEASE DO SO
PLEASE. CATCHER MICROPHONE ON
MISSING YOU REMEMBER THAT THEY
DID TO ISSUES. I DO I WAS JUST
GOING TO SPEAK TO SOME OF THE
THINGS THAT YOU GUYS WERE JUST
TALKING ABOUT WITH THE- LACK OF
DISCIPLINE ASSOCIATED WITH THE
ISSUE OF THE OFFICERS LEAVING.
SOME OF THE OTHER THINGS AND
THE GENTLEMAN THAT WAS SPEAKING
WESTERN UNION WAS TALKING ABOUT
WITH THE DIFFERENT. LANES OF
ACCOUNTABILITY I JUST WANT TO
EXPLAIN AND THEN TALK ABOUT
WHAT SOME OF THE SOLUTIONS ARE.
SO SAFE FOR EXAMPLE THERE'S A
TRANSGRESSION INVOLVING- LETHAL
INCIDENT- AND WHEN THAT HAPPENS
THERE ALL THESE INDEPENDENT
TRACKS THAT COME OUT TO DO AN
EVALUATION. SO INTERNAL AFFAIRS
IS LOOKING AT THAT ISSUE FROM
THE DEPARTMENT- THE- DISTRICT
ATTORNEY'S OFFICE OR THE
PROSECUTOR'S OFFICE IS LOOKING
AN EVALUATION- AND IF THERE IS
AN OUTSIDE LIKE CIVILIAN AGENCY
THAT'S A DIRT TRACK AND THOSE
ARE THE PROPERTY RIGHTS THAT HE
WAS TALKING ABOUT THAT HAVE
ADMINISTRATIVE ACCOUNTABILITY.
THAT SPEAK TO THE OFFICERS
RIGHT TO HAVE HIS EMPLOYMENT
AND THE JOB. AND ONE OF THE
THINGS SO WHEN HE HE SAID THAT-
DISCIPLINE CAN CONTINUE. THE
CRIMINAL INVESTIGATION FROM THE
PROSECUTOR'S AGENCY CAN
CONTINUE BUT THE THINGS THAT
ARE BLOCKED OFF ARE FREE. THE
INTERNAL AFFAIRS INVESTIGATION
AND THE OUTSIDE AND WERE
CIVILIAN AGENCY THAT COULD
HAVE. DISCIPLINE ACCOUNTABILITY
AS WELL SO THOSE ARE SOME OF
THE SOLUTIONS SEPARATE FROM THE
CERTIFICATION ISSUE THAT
JURISDICTION CAN BE EXPANDED TO
THOSE AGENCIES. TO CONTINUE
THEIR INVESTIGATION TO CONTINUE
THEIR PROCESS FOR DISCIPLINE.
INDEPENDENT ON WHETHER OR NOT
THAT THE MEMBERS ARE RETIRED
LEAVE QUIT. REMOVED MOVE AWAY
OR DO WHATEVER SO THAT THOSE
FINDINGS ARE RELEVANT AND THOSE
FINDINGS FROM THOSE
INVESTIGATIONS CAN BE USED.
EVEN IF IT'S NOT GOING TO BE
USED FOR THOSE OFFICERS TO BE
HELD ACCOUNTABLE FROM AN
ADMINISTRATIVE PERSPECTIVE OR
FROM THE DEPARTMENT'S
PERSPECTIVE BECAUSE THEY THEY
QUIT OR THEY RESIGNED. THE
INFORMATION IS OFTENTIMES EVEN
MORRELL AND THOSE INVEST. GET
CONCLUDE AND THAT THOSE
FINDINGS DO GET A FIRM
SUSTAINED OR REVEALED SO THAT
WE CAN USE THOSE DATA POINTS TO
IMPROVE POLICING. SO THE WE
HAVE THE INFORMATION AND OFTEN
TIMES IT'S THOSE VERY INCIDENTS
WHERE WE NEED THAT DATA THE
MOST. WE NEED THOSE FINDINGS
THE MOST AND I KEEP REFERRING
TO THESE AS- CONCLUDING THE
INVESTIGATION TO THE POINT OF
HAVING FINDINGS BECAUSE THE
FINDINGS ARE MOST OFTEN WHAT
GETS REVEALED. THE FINDINGS ARE
WHAT CAN BECOME TRANSPARENT AND
THE FINDINGS ARE WHAT WE CAN
USE TO CONFLATE OUR DATA TO
EVALUATE TRENDS AND TO IMPROVE
POLICING AND TO ADDRESS THE
TRANSGRESSIONS THAT APPLY THAT
TOOK PLACE IN THE FIRST PLACE
UP. AND ALLOWS A LOT I'M MEAN
THE LECTURE EVERYBODY BUT I
JUST WANTED TO POINT OUT. SOME
OF THE THINGS THAT HE'S TALKING
ABOUT A LOT OF THE POLICING
STUFF WHEN WE TALK ABOUT
DISCIPLINE AND ACCOUNTABILITY.
IT'S PRETTY ESOTERIC WILL
MISTER HENDERSON MAYBE I CAN
NOW YES TO SPECIFIC QUESTIONS.
THERE IS A COUNTER PROPOSALS
TODAY LAST YEAR. THE HOT AND
HEAVY ON THIS TOPIC. WHY HASN'T
LAW ENFORCEMENT IF THEY KNOW
IT'S A PROBLEM. PURSUE THIS AND
PUSH THIS WHEN THEY KNOW THAT.
SOME BAD APPLES MAKE MISTER
LACKING AND COLLEAGUES LOOK BAD
THE CHP NEVER HURTS. EVERYBODY
YOU MEANT THAT PEOPLE SLIP
THROUGH THE CRACKS WERE SAYING
THEY DO NOW SO WHY DO YOU THINK
THAT THAT THERE HASN'T BEEN A
PUSH TO DO SO. AND DO YOU THINK
THAT CURRENTLY THERE ARE PLENTY
OF. INDIVIDUALS IN THE EXAMPLES
WHO. RESIGNED BEFORE AND I A
INVESTIGATION IS A JUDICATA
PERSONAL MATTERS TAKEN CARE OF.
AND THEN GO ON TO WORK IN. THE
EXAMPLES LIKE MAKE CITY
MCFARLAND LIKE MR SALAS. THE
SANGER OF ELSEWHERE AROUND THE
STATE. OKAY SO. I GOT IT SO
IT'S FOR ME TO- TO GAUGE WHY-
THE DEPARTMENTS AND THE
INDIVIDUAL- POLICE
REPRESENTATIVES HAVE NOT-
EMBRACE THIS OR HAVE NOT-
PUSHED IT FORWARD ARE COME UP
WITH THEIR OWN SOLUTIONS
INDEPENDENTLY. I JUST KNOW THAT
YOU'RE TO FOR IT HAS NOT
HAPPENED BUT TO ANSWER YOUR
SECOND QUESTION ON WHETHER OR
NOT. THIS IS A REAL THING AND
DOESN'T EXIST. THAT'S AN
IRREFUTABLE YES ACT I MEAN
THERE ARE RECORDS OF THAT EVEN
FROM MY OWN AGENCY WITH A VERY
IMPORTANT INVESTIGATIONS THAT
HAVE BEEN STALLED DECLINED OR-
MARGINALIZED BECAUSE
INDIVIDUALS HAVE LEFT THE
DEPARTMENT- IN THE MIDDLE OF
INVESTIGATIONS OR BEFORE
FINDINGS HAVE BEEN CONCLUDED.
AND JUST IN REFERENCE TO THE
BANK AND WE KEEP TALKING ABOUT
WELL IT'S ONE OR TWO BAD APPLES
HAVE YOU EVER HAD A BAD APPLE.
YOU HAVE A BAD APPLE NINE. ONE
BAD APPLE AND AFTER YOU'VE HAD
THAT ONE BAD APPLE EVERY TIME
SOMEONE BRINGS YOU AN APPLE OR
AN APPLE COMES UP. THAT'S WHAT
YOU THINK ABOUT. IS I HAD THAT
BAD APPLE AND THE IMPACT THAT
THESE TRANSGRESSIONS HAVE ON
THE DEPARTMENT. BUT MORE
IMPORTANTLY THE IMPACT THAT
THESE BAD APPLES OR BAD
TRANSGRESSIONS HAVE ON A
COMMUNITY. IS WHAT WE HAVE TO
ADDRESS AND I WILL SAY WE HAVE
TO LOOK BEYOND THE BAD APPLES
TO SEE. DO WE HAVE
ACCOUNTABILITY FOR THOSE BAD
APPLES CREATION. AND THE
SUSTAINING OF THOSE BAD APPLES
THROUGH BAD POLICIES. AND I'D
I'D I DON'T MEAN INTENTIONALLY
BAD POLICIES I MEAN POLICIES
THAT WE'VE CREATED THAT HAVE
AGGREGATE IMPACTS
DISPROPORTIONATELY ON
DISENFRANCHISED COMMUNITIES.
THAT HERETOFORE HAVE BEEN
AFFIRMED BY OUR PROCESSES
BECAUSE WE'RE NOT LOOKING AT
THE DATA WE'RE NOT ANALYZING
THE DATA WE'RE NOT. PAYING
ATTENTION TO THE COMPLAINTS
WERE NOT PAYING ATTENTION TO
THE BAD APPLES AS IN THE DATA
PERSPECTIVE AND ANALYSIS TO
DETERMINE CAN WE MAKE POLICING
BETTER. BY FOLLOWING THESE
COMPLAINTS AND CREATING RULES
THAT ARE MANDATORY TO MAKE SURE
THAT THE DEPARTMENTS ARE BETTER
ABLE TO SERVE IN A RACE NEUTRAL
AWAY ALL COMMUNITIES THAT TO ME
THAT'S THAT'S THE REAL ISSUE.
CAN CAN WE ARE- I THINK IT'S A
GREAT DISCUSSION I WANT TO GO
TO. A LAW PROFESSOR MISTER OF-
IRWIN JIM RISKY WHOSE HAS
JOINED US A LITTLE THE DEAN OF
THE LAW SCHOOL- WOULD YOU
PLEASE- MISTER SUMMERS GIVE YOU
THEIR. YEAH I DID I DID MR
SCHIRMER IS SCARY THERE. OKAY
SO I HAVE A QUESTION FOR YOU
MISTER ANDERSON- MISTER-
MCCARTY WAS YOU COMPLETE YEAH
OKAY VERY GOOD HOW DO WE
BECAUSE I'M CONCERNED ABOUT
THIS I'M CONCERNED HOW DO WE
GET BACK TO THE TRUST I'VE BEEN
HEARING IT REPEATEDLY AND A
NUMBER OF CONVERSATIONS HERE
TODAY AND ALSO- THIS WEEK TRUST
TRUST TRUST HOW DO WE TRUST US
WELL DO NOT GO THERE HOW DO WE
TRUST SOMEONE WHO HAVE WHO
HAVE- WHOSE TRUST HAVE BEEN-
DISTORTED- WHO HAS- BROKEN ONES
TRUST AND THAT'S WHAT WE HAVING
TO GRAPPLE WITH RIGHT NOW HOW
DO WE RESTORE. THE TRUST
BETWEEN THE LAW ENFORCEMENT
THOSE WHO SERVE AND PROTECT US
AND THE COMMUNITY IN THE
COMMUNITY HAVING- I DON'T THINK
IN LOOKING COMPLETELY TRUST
ANYONE BUT HAVE THAT TRUST-
BEING RESTORED- BACK IN OURS-
IT HERE IN CALIFORNIA WITH LAW
ENFORCEMENT THE INDIVIDUALS WHO
TAKE YOUR OATH OF OFFICE TO- TO
SEEK TO SERVE AND PROTECT HOT
WHAT IN YOUR OPINION BECAUSE OF
THE WORK THAT YOU DO AS EXACT
DIRECTOR FOR SAN FRANCISCO- HOW
DO YOU LOOK AT WHAT KIND OF
INFORMATION AND OUR SUGGESTIONS
YOU CAN GIVE THIS COMMITTEE
THAT WE CAN- BRING BACK TRUST
IN LAW ENFORCEMENT CALIFORNIA.
WELL I THINK WE NEED LEADERSHIP
TO HAVE POLICIES THAT ADDRESS
THAT TRANSGRESSIONS THAT HAVE
TAKEN PLACE THAT ARE KNOWN- AND
THESE TYPES OF TRANSGRESSIONS
ARE KNOWN IN EVERY COMMUNITY
THAT YOU GO AND WHERE THEY SAY
LIKE OH THEY'RE THESE INCIDENTS
ARE- THERE THESE EXPERIENCES
THAT PEOPLE HAVE HAD AND I
MYSELF HAVE HAD SOME REALLY BAD
EXPERIENCES THOSE ARE REAL AND
THEY HAVE TO BE ADDRESSED
SPECIFICALLY THE ONES THAT DEAL
WITH AND ENCOMPASS RACE WE
CAN'T BE AFRAID TO TALK ABOUT
RACE AS IT RELATES TO POLICING
AND IT'S A DIFFICULT TOPIC AND
IT'S AN UNCOMFORTABLE TOPIC BUT
IT'S AN ABSOLUTE. TOPIC IF
YOU'RE GOING TO SPEAK THE
PUBLIC TRY YOU HAVE TO ABOUT
WHERE. YOU MUST ADDRESS THE
RACE DISPARITIES AND YOU MUST
MAKE EFFORTS TO ADDRESS RACE
DISPARITIES IN POLICING AND LAW
ENFORCEMENT. THAT'S THAT'S STEP
ONE THE SECONDARY STEP IS
BEYOND JUST THE DISCUSSION
THERE HAS TO BE ACCOUNTABILITY.
THERE HAS TO BE ACCOUNTABILITY
FOR LAW ENFORCEMENT THAT HAS TO
BE BOTH KNOWN AND MEASURED.
YOU'RE NEVER GOING TO BE ABLE
TO TRUST THE SYSTEM THAT YOU
CAN'T SEE YOU'RE NEVER GOING TO
BE ABLE TO TRUST A SYSTEM THAT
DOESN'T HAVE RESULTS. WHERE
THERE ARE LOOPHOLES OR WHERE
THERE IS DISCRETIONARY-
ACCOUNTABILITY THAT CHANGES
FROM. BLOCK TO BLOCK CITY TO
CITY COUNTY TO COUNTY. AND SO
TO THE DEGREE WE HAVE BROAD-
BROAD MEASURES IN PLACE AND ONE
CITY OR ONE COUNTY. IT'S AN
UNFAIR EVALUATION TO HAVE THOSE
SAME TRANSGRESSIONS TAKE PLACE
IN THE CITY RIGHT NEXT DOOR.
BECAUSE THEY DON'T HAVE THE
SAME SYSTEM I THINK
INSTITUTIONALIZE. THE SOLUTION
IN A WAY. BY WORKING WITH A
CIVILIAN OVERSIGHT AGENCIES
DEVELOPING SO CIVILIAN
OVERSIGHT AGENCIES BY HAVING
STRONGER LEGISLATION THAT IS
INFORMED BY THE DATA. INFORMED
BY COMPLAINTS AND INFORMED BY
SUSTAINED FINDINGS OF
TRANSGRESSIONS THAT'S THE WAY
TO MOVE FORWARD AND THOSE ARE
SOLUTIONS. THAT YOU CAN BUILD
OUT AT A LOCAL LEVEL IF THAT
WORK ISN'T BEING DONE ARE THOSE
CONVERSATIONS THAT ARE TAKING
PLACE. BUT THAT'S ALSO WORK
THAT ABSOLUTELY CAN BE TAKEN AT
THE STATE LEVEL AS WELL AND
THAT'S PART OF THE REASON WHY
HOPE WE HAVE IN THIS
CONVERSATION SO WE CAN TALK
ABOUT WHAT THOSE SOLUTIONS CAN
LOOK LIKE. THANK YOU VERY MUCH
MR ANDERSON I WANT TO GO TO OUR
A DEAN OF OUR LAW SCHOOL. AT
BERKELEY- INSURE MORESCHI THANK
YOU SO VERY MUCH SIR FOR BEING
A PART OF THIS DISCUSSION WHY
DON'T YOU TAKE A FEW MOMENTS IN
ADDITION SELVES AND GO RIGHT
INTO YOUR PRESENTATION WE'VE
ALREADY STARTED WE HAVE SOME
TIME. AND WE HAVE MEMBERS WHO
HAVE SOME QUESTIONS- TO
CONTINUE SO PLEASE GO RIGHT
AHEAD SIR. OKAY SO MUCH I
WANTED TO BE ABLE TO SPEAK WITH
YOU MY NAME IS OR WHEN CHEN
RENTS CAN I AM THE DEAN OF THE
LAW SCHOOL. UNIVERSITY
CALIFORNIA BERKELEY. IN THE
ISSUE THAT'S BEFORE THE
COMMUNITY AS A GREAT INTEREST
TO ME. IN TWO THOUSAND I WAS
ASKED BY THE POLICE
PROTECTIVELY. ONE WITH THE SOLE
RIGHTS LAWYERS TO STUDY OF THE
LOS ANGELES POLICE DEPARTMENT
IN LIGHT OF THE RAMPART
SCANDAL. IS A LAWYER I'VE
HANDLED MANY APPEALS GUARD TO
PLACE EXCESSIVE FORCE CASES.
AND I SPENT A GOOD DEAL OF TIME
NOW IN A BOOK THAT'S GOING TO
COME OUT THIS SUMMER THE FOCUS
ON THE. SUPREME COURT RACE IN
POLICING. THE DEATH OF GEORGE
FLOW. BROUGHT PUBLIC ATTENTION
THE LONG STANDING ENORMOUS
PROBLEMS. OF EXCESSIVE FORCE IN
RACE AND POLICING. AS PRESIDENT
BAACK OBAMA SAID A LARGE BODY
OF RESEARCH FINDS THE FOR
SIMILAR OFFENSES MEMBERS OF
AFRICAN AMERICAN HISPANIC
COMMUNITIES. I'M MORE LIKELY
STOPPED SEARCHED ARRESTED
VICTIMS SENTENCES HARSHER
PENALTIES. AS THIS COMMITTEE
KNOWS BLACK MALES AGED FIFTEEN
TO THIRTY FOUR ARE NINE TIMES
MORE LIKELY THAN OTHER
AMERICANS TO BE KILLED BY THE
POLICE. BLACK AMERICANS ARE
THREE TIMES MORE LIKELY OVERALL
BECAUSE BY THE PLEASE. BUT ALL
OTHERS IN SOCIETY SPANDEX ARE
TWICE AS LIKELY KILLED BY
POLICE THAN WHITE INDIVIDUALS.
THE UNITED STATES CIVIL RIGHTS
COMMISSION FOUND THAT PEOPLE OF
COLOR 438% OF THE POPULATION.
BUT 63% OF THOSE KILLED BY
POLICE. WHAT I WANT TO TALK
WITH THE COMMITTEE ABOUT THIS
MORNING IS WHITE WHICH HASN'T
BEEN SOLVED. AND I THINK IT'S
BEEN FOUNDER FEDERAL OR STATE
LAW PROVIDES SUFFICIENT
ACCOUNTABILITY OF THE POLICE.
THIS IS MY EXPERTISE LET ME
TALK A LITTLE BIT ABOUT FEDERAL
LAW AND STATE LAW WHAT I'D URGE
YOU TO CONSIDER HIS REFORMS OF
STATE LAW TO ENHANCE POLICE
ACCOUNTABILITY. THE PRIMARY
FEDERAL STATUTE I'M SURE THE
COMMITTEE KNOWS THIS FORTY TWO
UNITED STATES CODE SECTION
NINETEEN EIGHTY THREE. THE LAWS
IN ACTION AGAINST ANY STATE OR
LOCAL OFFICER. OR LOCAL
GOVERNMENTS THAT VIOLATES
CONSTITUTIONAL LAWS THE UNITED
STATES. BUT THE SUPREME COURT
HAS MADE IT VERY DIFFICULT FOR
BOTH LOCAL GOVERNMENTS. AND
INDIVIDUAL POLICE OFFICERS
LIABLE WHEN THEY USE EXCESSIVE
FORCE. EVEN DEADLY FORCE AND
VIOLATE THE CONSTITUTION. THE
SUPREME COURT IS THAT LOCAL
GOVERNMENTS BILL LIABLE ONLY IF
THEIR POLICIES AND CUSTOMS
VIOLATE THE CONSTITUTION. THIS
COURT MADE IT VERY DIFFICULT TO
PROVE THAT THIS WILL POLICY
CUSTOM. THE COURT IS SAID THAT
A SINGLE INCIDENT CAN NEVER
PROVE A POLICY. WHAT IS ALSO
SAD THERE'S A STRICTCAUSATION
REQUIREMENT IN THE POLICY IN
THE INJURIES IN ORDER FOR THE
RECOVERY. I BELIEVE I COULD
CHANGE ANY SINGLE ASPECT OF THE
LAW THE INCREASE THE ABILITY TO
HOLD LOCAL GOVERNMENTS THE
POLICE DEPARTMENT'S LIABLE.
WHEN OFFICERS USED. FORCE
VIOLATE THE CONSTITUTION. AT
THE SAME SABRINA COULD HAVE
MADE IT VERY DIFFICULT VIEW
SECTION NINETEEN EIGHTY THREE
JUST SO INDIVIDUAL OFFICERS.
ANY INDIVIDUAL OFFICERS SUED
FOR MONEY DAMAGES. EVEN IF
THERE'S INDEMNIFICATION. CANNOT
BE HELD LIABLE UNLESS ABSOLUTE
QUALIFIED IMMUNITIES OVERCOME.
YEAH ABSOLUTE IMMUNITY IS
RELEVANT WITH REGARD TO POLICE
OFFICERS BECAUSE A POLICE
OFFICER CAN NEVER BE HELD
LIABLE FOR TESTIMONY GIVEN AS A
WITNESS EVEN IF THE OFFICER
COMMITS PERJURY. IN DISCOVERS
LOW WHO IN NINETEEN EIGHTY
THREE THE SUPREME COURT SAID NO
POLICE OFFICERS CAN EVER BE
SOLICITED FOR MONEY DAMAGES
PROTEST OF THE GIFT EVEN AS
PERJURIOUS. AND EVEN APART FROM
ABSOLUTE IMMUNITY ALL OFFICE OF
QUALIFIED IMMUNITY. THE SUPREME
COURT SAID JUST A COUPLE YEARS
AGO THE QUALIFIED IMMUNITY
QUOTE FITS ALL BUT THE PLAINLY
INCOMPETENT FOR THOSE UNITS
KNOWINGLY VIOLATE THE LAW. THE
SUPREME COURT HAS SAID POLICE
OFFICER LIABLE ONLY IF THE
OFFICER VIOLATES CLEARLY
ESTABLISHED LAW THAT EVERY
OFFICER WOULD NOW. GIVE THIS
SPRING. THIS WAS NOT LIKELY TO
CHANGE IN THE FORESEEABLE
FUTURE. SO THE HOLD POLICE
ACCOUNTABLE IN CALIFORNIA IS
BROKE FIRED STATE WHAT CHANGES.
THE PRIMARY STATE LAW WITH
REGARD TO HOLDING LEAST LIABLE.
FOR MORE GENERALLY READING
CIVIL RIGHTS VIOLATIONS THE TOM
BAIN SOUL RIGHTS ACT.
NORMATIVELY IMPORTANT STATUTE
WHAT REVISIONS ARE NECESSARY TO
ENSURE POLICE ACCOUNTABILITY.
ONE IMPORTANT REVISIONS ARE
DISCUSS THE HEARING THAT'S TO
PROVIDE FOR DECERTIFICATION OF
OFFICERS CALIFORNIA IS ONLY ONE
OF FIVE STATES THERE'S NO
PROCEDURE THE CERTIFICATION OF
OFFICERS. IT TOO EASILY
FACILITATES AN OFFICER IS
REMOVED MISCONDUCT. BUT I WOULD
SUGGEST A VERY SPECIFIC CHANGES
TO THIS COMMITTEE TO CONSIDER
THE LEGISLATURE TO CONSIDER
CLEANING HANDS POLICE
ACCOUNTABILITY. ONE IS TO
CLARIFY THE INTENT REQUIREMENT
UNDER THE BANYAN. WORDS TO
RECENTLY INTERPRETED THE BANE
ACT TO REQUIRE A DEGREE OF
SPECIFIC INTENT THAT MAKES IT
VERY DIFFICULT TO RECOVER.
SHOULD BE SUFFICIENT TO SHOW
THAT THERE IS THE TRADITIONAL
INTENT REQUIRED FOR
CONSTITUTIONAL VIOLATIONS THIS
WOULD OVER. WHARTON DECISION
JOYO COUNTY OF WHICH COUNTY
LET'S SEE WHAT WAS THE TWO
THOUSAND TWELVE- IT MISCONSTRUE
IS THE BANE ACT REPORTER
THREAT. INTIMIDATION OR
COERCION. INDEPENDENT A
VIOLATION OF RIGHTS. IT SHOULD
BE SUFFICIENT UNDER THE BANKING
ACT IS AN INTENTIONAL VIOLATION
OF RIGHTS BY A POLICE OFFICER
OR ANY GOVERNMENT OFFICIAL TO
CREATE LIABILITY. SECOND THE
DANGER SHOULD BE ADVISED. TO
LIMIT STATE LONG UNITIES. IN
RECENT YEARS COURTS AND IN
ORDER TO STAY LONG IT IS AN
OFFENCE TO THE BANYAK. THAT'S
GOOD. THAT SHOULD NOT HAVE AS A
DEFENSE THE STATE LAW- UNITIES.
AND SO IN RECENT YEARS THE
COURT HAS SAID THAT JAIL STAFF
CAN'T BE SUED ARE THE BANE ACT
EVEN WHEN THEY DELIBERATELY
INDIFFERENT TO INMATES IN
VIOLATION OF THE CONSTITUTION
ON. WHERE TO SET THE POLICE
OFFICERS ARE IMMUNE FROM
MALICIOUS PROSECUTION. AND THIS
SHOULD BE CHANGED SO THAT THERE
ISN'T THE ABILITY TO USE THESE
IMMUNITIES DEFENSE THE BANG AT.
FINALLY IT SHOULD BE A PLAN
ALLOWED FOR WRONGFUL DEATH THE
DEBATE ACT WRONGFUL DEATH
ACTIONS SHOULD BE PERMISSIBLE
THE POLICE OFFICERS RATHER
GOVERNMENT OFFICIALS. CLAUSE TO
MISCONDUCT AND THAT SHOULD BE
THE MILLION LIABILITY. I THINK
IF THE LEGISLATURE TO MAKE
THESE CHANGES DECERTIFICATION
CHANGING THE INTENT REQUIREMENT
LIMITING ST ONE UNIT IS
ALLOWING CLIENTS WRONGFUL DEATH
WYCHECK NORMA STEPS TO
INCREASING POLICE
ACCOUNTABILITY IN CALIFORNIA.
THANK YOU VERY MUCH PROFESSOR
pTESTIMONY HERE TODAY AND YOUR
PERSPECTIVE- WE STILL WANT TO
GO TO QUESTIONS FROM MEMBERS
AND SO WITH THAT I WANT TO GO
TO OUR COLLEAGUE WHO'S JOINING
US VIRTUALLY MISTER RUDY SALAS.
TO ASK A QUESTION AND MISTER
SUMMERS SKEPTICAL PLEASE STAY
ON STAY ON SO THAT WE CAN ASK
ANY QUESTIONS OF YOU FROM MY
COLLEAGUES SO MISTER SALAS
WOULD YOU PLEASE MOVE FOR WITH
YOUR QUESTION. YEAH THANK YOU
MISTER GIPSON PRECIADO WAS
CHAIRMAN I JUST A QUICK
QUESTION BASED OFF THE
CONVERSATION THAT WAS A CURRENT
PREVIOUSLY. ABOUT YOU KNOW LAST
YEAR WE INTRODUCED SOME WIGGLE
TWELVE NINETY NINE WHICH WOULD
REQUIRE THE POLICE DEPARTMENTS
TO FINISH THEIR INVESTIGATIONS.
THAT'S MISCONDUCT AND WE WANT
TO THOSE RECORDINGS ON THOSE
FINDINGS TO GO TO POST. I
WANTED TO JUST ASK OUR PANEL OF
EXPERTS IF THAT WAS THE
CORRECT. WAY TO GO TO HAVE THAT
ALL REPORTED TO COME SO THAT WE
DON'T HAVE THESE. RESIGNING IN
LIEU OF TERMINATIONS AND THEN.
ACTUALLY SHIFTING- THESE
OFFICERS WITH QUESTIONABLE-
HISTORIES ARE TO. THAT SEEMS TO
BE INTO A LOT OF CALIFORNIANS
IF THEY GO TO COMMUNITIES
UNDERSERVED COMMUNITIES. SO I
JUST WANTED TO GET- SOME
EXPERTISE ADVICE ON THAT.
ANYONE WANT TO TAKE THAT- THIS
IS YES PLEASE MESSAGE YES.
VALIDA GHOSTING. YEAH I THINK
THAT- THOSE FINDINGS ARE
SIGNIFICANTLY ONE PART OF THE
DECERTIFICATION PROCESS THAT IN
FACT NEEDS TO BE ADDRESSED
WITHIN THE LEGISLATION AIR AND
YES AND THAT HELPS AND SUPPORTS
AND PROPS UP THE IN LIEU
RESIGNATION THAT YOU CAN
BASICALLY PROVOKE LICENSING AND
CERTIFICATION. THANK YOU VERY
MUCH ANYONE ELSE WANTS TO OPINE
ON THAT YOU KNOW THE FUTURE YES
PLEASE. THIS IS CHEATING YEARS
I I'VE- I BELIEVE THE-
CALIFORNIA POLICE CHIEFS
ASSOCIATION. WAS ACTUALLY
SUPPORTIVE OF A ASSEMBLY MEMBER
SAUCES BILLS SO YES WE DID
SUPPORT- THE BILL LAST SESSION.
THANK YOU VERY MUCH FOR LETTING
US KNOW THAT WE WANT TO GO TO-
YOU CAN HOLD YOUR QUESTION
MISTER ANDERSON WILL GO TO
DOCTOR SHIRLEY WEBER YOU HAVE A
QUESTION AND THEY WILL GO TO
MISTER. YES I WANT I WANT IT-
THANK ALL OF THOSE WHO
OBVIOUSLY HAVE- I DON'T
TESTIFIED TODAY THIS MORNING
IT'S BEEN REALLY. INFORMATIVE
IT SEEMS THAT AS I'M LISTENING
TO THIS HAVING BEEN INVOLVED IN
A SIGNIFICANT NUMBER OF PIECES
OF LEGISLATION. THAT AT THAT
ADDRESS VARIOUS ASPECTS OF HAVE
BEEN BROUGHT FORWARD THAT.
WE'RE WITH THE COMPUTER CAMERAS
HAVE BEEN SEE YOU I'M SORRY. I
DIDN'T TURN IT ON SORRY IDEA
THAT I HAD BUT I WOULD LIKE TO-
GET SOME GET SOME RESPONSE TO-
PIECES OF LEGISLATION BECAUSE
IT APPEARS AS IF. AS I'M
LISTENING TO- MISTER I THINK IT
IS MISTER HENDERSON- AND
LISTING TO ALSO WHICH TO MARVEL
AT NOON YES. THAT A PART OF THE
CHALLENGE WE FACE THE CRUX OF
THE SITUATION REST IN. IN
BASICALLY COMMUNITY- AS WELL AS
AS YOU ASKED MISTER CHAIR. HOW
DO WE RESTORE CONFIDENCE- IT
SEEMS ADDRESSES IN IN IN WHO'S
ACTUALLY GOING TO. GET THE
INFORMATION MAKE THE KIND OF
DECISIONS WHAT ROLE DOES THE
COMMUNITY PLAY. IN ALL OF THESE
KINDS OF THINGS BECAUSE THAT
SEEMS TO BE. WHERE WE ARE- WITH
REGARDS TO EVEN IF WE GET DATA-
DOESN'T GO TO THE COMMUNITY IF
THERE'S A HEARING IT HOW. HOW
SIGNIFICANT IS THE COMMUNITY'S
ROLE IN THAT HEARING I KNOW
WHAT SEVEN THREE ONE LAST. YEAR
THAT THE BANE ACT WAS A
SIGNIFICANT PIECE AND NOW I'M
LISTENING TO. THE PROFESSOR
FROM A LAW SCHOOL SAYING THAT
YOU KNOW DOING THAT WORK THAT
WAS AN ATTEMPT TO DO. IS
CRITICAL TO BASICALLY RESTORING
CONFIDENCE AND GET INTO A
SYSTEM OF ACCOUNTABILITY OF
THAT ADDRESSES THE ISSUE AND
THAT THE COMMUNITY BELIEVES IS
SIGNIFICANT SO. I WOULD LIKE TO
HEAR FROM- MR MARBLE AS WELL AS
OF MISTER NUNEZ CONCERNING THIS
WHOLE ISSUE OF COMMUNITY
ENGAGEMENT. COMMUNITY
INVOLVEMENT I KNOW THERE WAS A
BIG DEBATE ABOUT HOW MANY
PEOPLE THE COMMITTEE WHO'S
ACTUALLY MAKING THE DECISION.
AND I'M LISTENING TO OTHERS
THEY WOULD NEED TO GO BACK THE
POOR ACTED NEED TO GO TO. POST
WORLD ENFORCEMENT AND THEY HAVE
THEY THE CHAO THAT WE BECAUSE
TOO OFTEN I HEAR IN THE- WHEN
WE SAY WELL THAT WAS A HEARING
TOOK PLACE AND THE DECISION WAS
MADE. SO FORTH AND SO ON THE
COMMUNITY COMPLETELY DISMISSES
THAT THE CONCLUSION BECAUSE
THEY SAY THAT IT'S THE YOU KNOW
IT'S A FOX WHAT. YOU'RE
WATCHING HIM HOUSE IT'S YOU
KNOW A LAW ENFORCEMENT VALUE
LAW ENFORCEMENT AND PEOPLE
DON'T HAVE CONFIDENCE THAT
THAT'S GOING TO PRODUCE THE
KIND OF FAIRNESS. AND THE
RESULTS AND THE ACCOUNTABILITY
THAT'S ALWAYS CENTRAL SO I LIKE
TO HEAR. YOU KNOW WHAT THE
RESPONSE TO SOME OF THESE
ISSUES ABOUT COMMUNITY
ENGAGEMENT THAT WE'VE HEARD
FROM THE- PROFESSOR OF LAW AS
WELL AS MISTER HENDERSON. IN
TERMS OF WHAT NEEDS TO HAPPEN.
RECENTLY IN SAN DIEGO WE JUST
PASSED A BILL TO ASICALLY- TO-
ENFORCE COMMUNITY- PLEASE
PUBLIC COMMUNITY
ACCOUNTABILITY. FOR THE FIRST
TIME IN TERMS OF A POLICE
REVIEW BOARD THAT REALLY HAD
YOU'VE COOKED SUBPOENA POWER.
AND ENGAGES PEOPLE AT A HIGHER
LEVEL WHICH IS WHAT ONE OF THE
DEMANDS WAS- THAT WAS THEN WE
HAD TO GO TO COURT IN ORDER TO
GET IT DONE. BUT BOB I'LL GO TO
THE POLLS I GUESS IT IS TO GET
IT DONE SO WHAT IS THEIR
RESPONSE FROM THAT BECAUSE THAT
SEEMS TO BE AS WE TALK ABOUT
ALL THESE DIFFERENT THINGS THAT
COULD POSSIBLY HAPPEN. THAT
SEEMS TO BE THE CENTER AND THE
CRUX OF IT IN TERMS OF
ACCOUNTABILITY WHO IS GOING TO
MAKE THESE DECISIONS ABOUT THE
CERTIFICATION. YOU KNOW WHO'S
MAKING WHO ARE YOU KNOW WHO'S
ACCOUNTABLE CAN WE ACTUALLY CAN
PEOPLE ACTUALLY HAVE INPUT IN
TERMS OF DETERMINING. WHO NEEDS
TO BE JUST CERTIFIED- AND THOSE
KINDS OF THINGS SEEM TO BE
CRITICAL BECAUSE OTHERWISE WE
TALKING AROUND THE EDGES AND
THEN WHEN HE GETS TO
LEGISLATION. IT BECOMES A
TOTALLY DIFFERENT THING THANK
YOU VERY MUCH DOCTOR WHEREVER-
I THINK YOU MADE MENTION OF-
BROWN MARVEL AND ALSO- CHEAP
NOON YES. IF YOU WANT TO TAKE
AND THEY WILL GO TO MISTER
HENDERSON AND ALSO- MR SHIMMERY
SKI. THANKS GIPSON- DOCTOR
WHATEVER. SHOULD QUITE- YOU
KNOW I SOME OF THE- ISSUES THAT
WE FACE LAST YEAR REGARDING THE
SOME OF THE LEGISLATION WAS
THE- WAS THE FAIRNESS IN THE
DUE PROCESS PIECE THAT'S ALWAYS
BEEN A BIG ISSUE FOR US IT'S A
BIG ISSUE FOR ALL. LABOR UNIONS
THROUGHOUT THE STATE OF
CALIFORNIA MAKING SURE. THAT
EVERYBODY HAS A FAIR AND
EQUITABLE DUE PROCESS IN
REGARDS TO- HOW THIS ONE'S
GOING TO BE METED OUT. WHAT
THAT PROCESS IS GOING TO LOOK
LIKE. WE'VE ALWAYS APPROACHED-
ANY TYPE OF LEGISLATION AND-
YOU'RE VERY FAR OR VERY
FAMILIAR WITH IT IN REGARDS TO
YOU- THE LEGISLATION IN REGARDS
TO EIGHTY THREE NINETY TWO. WE
REALLY RESPECT A COLLABORATIVE
APPROACH WERE WERE PROVIDED AN
OPPORTUNITY TO. HELP MARKET
WHAT. AND HOW WE DEAL IN
REGARDS TO YOU HOW THIS PROCESS
WILL PLAY OUT- ALWAYS- DEPOSED
IN A SENSE THAT BECAUSE IT IS
THE LICENSING YOU'RE NOT REALLY
LICENSING IT IS THE-
PROFESSIONAL STANDARDS. WITHIN
THE STATE. I THINK THE MAKE UP
OF THE POST THE COMMISSION HAD
WITH ITS EXPANSION. TO
ADDITIONAL SEATS. PROVIDES AN
OPPORTUNITY FOR. MEMBERS TO
EXPRESS THEIR CONCERNS- AND
ALSO ALLOWING CLOSE TO MISSION
TO DETERMINE. WHAT THE MAKE UP
OF THAT LICENSING AGREEMENTS. I
DON'T THINK IT'S OUTSIDE OF THE
NORM I THINK IF YOU LOOK AT
OTHER PROFESSIONS AND HOW THEY
HANDLE THEIR LICENSING- YOU
LOOK. AT SAPER TURNS- YOU KNOW
THE LAWYERS ARE USING LAWYERS
TO DETERMINE WHETHER THEY GET
TO KEEP THEIR LICENSE. SO I
DON'T THINK IT'S OUT OF BOUNDS
TO EXPECT THAT. WHEN IT COMES
TO THE LONG FOR PERFECTION.
THAT POST IS THE DETERMINING
FACTOR WHETHER THAT OFFICERS TO
KEEP THEIR. WHAT'S NOT. LARGE
TO DISCUSS. SENATOR BRAD WELL I
WE REALLY WANTED SIT DOWN AND
HAVE A CAR. WITH REGARD TO WHAT
YOU PROPOSE. WE FEEL THAT THERE
WAS A ADEQUATE I. TO HAVE A-
PROCESS. WHICH HAVE THAT
DISCUSSION BECAUSE OF THE TRUCK
IT'S- WE WILL COVER. NINETEEN
WE TO. WITH THE PARTS BEING
ACTIVELY IN. SIMILAR TO THE PRE
YEARS. EIGHTY THREE NINETY TWO.
SB TWO THIRTY- I FEEL WILL HELP
VERY GOOD OPPORTUNITY TO HAVE
MUCH MORE COLLABORATIVE
APPROACH WHEN DETERMINING WHAT
THE LICENSING LOOKS LIKE AND
HOW TO DEAL WITH SOME OF THESE
OTHER ISSUES. WHATEVER BROUGHT
UP BY SOME OF THE OTHER NASTY.
THANK YOU VERY MUCH ACHIEVING
AS YOU WANT TO- WEIGH IN ON
THAT'S DISCUSSION. IT THIS.
THIS CHAIR YEAH I ARE I WOULD
JUST ADD TO THAT THAT- HEARING
OF DR WEBER'S COMMENTS ON IT
AND I UNDERSTAND THAT THAT THE
YOU KNOW IT IT'S THE PUBLIC
FEELING LIKE THEY'RE NOT
PARTICIPATING IN GETTING
INVOLVED IN M. OR SEEING WHAT'S
GOING ON AND THAT'S ONE OF THE
DIFFICULTIES ABOUT THESE KINDS
OF INVESTIGATIONS THAT WE DO ON
OUR PERSONNEL THERE ARE LIKE
ALL OTHER PERSONNEL
INVESTIGATIONS. BAKER PRESENT
MARVELED REMARK ABOUT THAT THAT
THAT THE DUE PROCESS IS SIMILAR
TO ALL THE DUE PROCESS AT EVERY
OTHER EMPLOYEE GROUPS
ESSENTIALLY FACE- CROWDER
STATE- BUT I THINK WHAT'S
IMPORTANT IS- IS GETTING YOU
KNOW THE I. THINK COST BECAUSE
FOR ME. THEY ISSUE OR STE YES
THESE MAKING THE SURFACE OF
THESE FOLKS BEING PLACE
OFFICERS AS THEY DO WITH POLICE
ACADEMIES. AN ADVOCATE FOR THE
POLICE DEPARTMENT SO THEY
REALLY TO ME THAT THE GOVERNING
BOARD FOR LAW ENFORCEMENT AND
THERE IT IS AN APPOINTMENT OF
THE GOVERNOR SO I THINK HAVING
THE TRUST IN THEM. AND HAVING
THE TRUST IN THE IN THE IN THE
APARTMENT OF THEIR DIRECTOR AND
IN THE PROCESS THAT'S PUT IN
PLACE. TO ADDRESS THESE ISSUES
IS WHAT NEEDS TO HAPPEN. AND I
THINK THAT- AND I THINK THAT
THE CHANGE THAT WE'RE TALKING
ABOUT DOING. AN INDIE
CERTIFICATION. I FEEL IS GOING
TO- RESOLVE A NUMBER OF THOSE
ISSUES AND CONCERNS. BECAUSE
MUCH LIKE MISTER HENDERSON I
TALKED ABOUT ERECTOR HENDERSON.
TALKED ABOUT HAVING THE BAD
APPLE. YOU KNOW MAKES YOU THINK
ALL APPLES MIGHT BE BETTER YOUR
WARY OF THAT YOU KNOW WE DON'T
WANT THAT WE WANT TO MAKE SURE.
THAT THEY KNOW THAT WE HAVE.
BELIEVE ME THERE'S NOBODY ELSE
THAT- THAT IS MORE CONCERNED
ABOUT THAT. OFFICERS THEN THE
ACTUAL OFFICERS THAT WORK
WITHIN THAT- A LAW ENFORCEMENT
AGENCY. AND EVEN THEY AREN'T
PRIVY TO THE INFORMATION THAT I
THINK. THEY WOULD LIKE TO KNOW
ABOUT THAT PERSON THAT WAS
DISCIPLINED. FOR THE LEVEL OF
DISCIPLINE THEY RECEIVED OR IF
THEY RECEIVED ANY DISCIPLINE
BECAUSE- IT SENDS THE RIGHT IT
SENDS A MESSAGE. OF WHAT WE-
WHAT WE STAND FOR WHAT WE WILL
NOT TOLERATE AND- THE
MISCONDUCT IS JUST ONE OF THOSE
THINGS WE CANNOT. A TOLERATE
THANK YOU BRING YOU VERY MUCH
WE WANT TO MOVE TO- PROFESSORS
SOME RISKY. AND THEN WE WANT TO
GO TO MISTER HENDERSON AND THEN
WE ALSO HAVE A- ONE OF OUR
COLLEAGUES- ELOISE REYES QUEUED
UP TO ASK A QUESTION. SO IN
THAT ORDER. THANK YOU SO MUCH I
WOULD VERY MUCH AGREE WITH THAT
ASSEMBLY WOMAN WEBER WAS SAYING.
CIVIL LIABILITY FOR OFFICERS
AND DEPARTMENTS WHEN THIS
VIOLATIONS OF RIGHTS TRULY
ESSENTIAL. ESSENTIAL IN TERMS
OF THE CREDIBILITY OF THE
POLICE TO KNOW THAT WHEN AN
OFFICER VIOLATE SOMEBODY'S
RIGHTS THE OFFICE WILL BE HELD
ACCOUNTABLE. ALSO FOR THOSE WHO
SUFFER INJURIES THEY NEED
COMPENSATION FOR THOSE
INJURIES. AND I'VE ALSO SEEN
OVER A LONG PERIOD OF TIME THAT
CIVIL LIABILITY FOR DEPARTMENTS
AND OFFICERS DOES CREATE THE
INCENTIVE TO BETTER CONTROL
POLICE BEHAVIOR. IF THERE'S
GOING TO BE SPENT THE
VOLATILITY IT'S GOING TO COME
FROM REVISING THE BANYAK. IT'S
NOT GOING TO COME FROM FEDERAL
LAW. AND I'VE SEEN THE
DEPARTMENTS OFTEN WILL NOT
REFORM THEMSELVES IT'S THE
EXTERNAL THREAT OF LITIGATION
WITH THE REALITY OF LITIGATION
THAT MAKES A DIFFERENCE
UNFORTUNATELY THE CAT COURTS IN
CALIFORNIA IF TO LIMITED DEBATE
ACT BUT IT'S IN YOUR HANDS IS
THE LEGISLATURE TO MAKE SOME
SIMPLE. CHANGES THAT MAKE AN
ENORMOUS DIFFERENCE. THANK YOU
MISTER HENDERSON OKAY. THANK
YOU THANK YOU FOR THAT QUESTION
ASSEMBLY MEMBER WEBER AND I
WOULD SAY THAT AND THAT I AGREE
A 100% WITH THE COMMENTS FROM
DANGER MARIN SKI AND IS
BRILLIANT INSIGHT AND ANALYSIS
AND HOW THE LAW WORKS AND PART
OF THE CHALLENGES WE TALK ABOUT
WHY PUBLIC TRUST IS DIMINISHED
ARE EXACTLY THE ISSUES THAT HE
WAS ADDRESSING IN TERMS OF
DEFENSES THAT ARE AVAILABLE TO
LAW ENFORCEMENT THAT AREN'T
AVAILABLE TO ANY OTHER MEMBERS
OF THE PUBLIC AND CERTAINLY
THERE ARE SPECIAL
CLASSIFICATION BECAUSE OF THE
WORK THAT THEY DO. BUT WHEN YOU
COUPLE THAT WITH THE BENEFITS
THAT ARE ALLOWED TO LAW
ENFORCEMENT AGENCIES WHEN
CHALLENGED ON TRANSGRESSIONS IT
IT REALLY SPEAKS TO THE HEART
OF WHY PUBLIC TRUST HAS BEEN
ERODED AND IN SPEAKING ABOUT
THESE THINGS YOU KNOW FROM THE
LEGAL PERSPECTIVE CHANGE MARIN
SKI OUTLINED VERY WELL HOW THE
LAW WORKS AND PROTECTING- MANY
OF THE PROBLEMS THAT WE HAVE IN
THE LEGAL FAILED BUT EVEN THIS.
INTERPRETATION OF CHALLENGES
FOR OFFICERS IS A PART OF THE
PUBLIC TRUST BEING ERODED AND
I'M SPECIFICALLY TALKING ABOUT
HOW IF ANY- AN INDIVIDUAL
EXERCISES LETHAL FORCE THEY ARE
EVALUATED BY A PROSTITUTE REAL
AGENCY INDEPENDENTLY AND THEN
OFTEN CASES WE'LL SEE THOSE
SAME ACTIONS WHEN THEY ARE USED
BY LAW ENFORCEMENT EVALUATED
WITH A GRAND JURY AND GIVEN THE
BENEFIT OF THE DOUBT THAT'S
INDEPENDENT FROM AN AGENCY OR
AN AGENT ACTING AS A PROSPECT
FOR REAL AGE AND. TO EVALUATE
BEHAVIOR THOUGH THOSE.
SUBJECTIVE INTRANSIGENT
DIFFERENCES WHEN WE E. VALUE
WEIGHT LAW ENFORCEMENT BEHAVIOR
SPEAKS TO THE HEART OF WHY THE
PUBLIC HAS MISTRUST AND IT HAS
ERODED THEIR TRUST AND WHAT LAW
ENFORCEMENT. LOOKS LIKE WHEN
WE'RE EFINING WHAT
ACCOUNTABILITY CAN BE AND TO
ANSWER THE QUESTION
SPECIFICALLY FROM ASSEMBLY
MEMBER WEBER THAT SHE POSED IN
TERMS OF WHAT THE COMMUNITY CAN
DO AND WHAT ROLE THEY PLAY. AND
I BELIEVE SHE WAS TALKING ABOUT
THE MEASURE B. THAT SHE HAD
TALKED ABOUT THAT WAS GOING AND
I THINK IT'S BETTER BE THIS
YEAR'S REFERENCING FROM SAN
DIEGO THAT WAS JUST PASSED. THE
ABSOLUTE ROLE SHOULD BE THAT
COMMUNITY NEEDS TO BE INFORMED
COMMUNITY CAN START BY GOING TO
THEIR LOCAL JURISDICTION AND
ASKING WHAT IS OUR USE OF FORCE
POLICY WHAT ARE OUR STATISTICS
HOW IS THAT COMPARED WITH A
RACE OVERLAY OF WHAT'S
HAPPENING HERE. SO THEY CAN SEE
AND LEARN AND KNOW THAT THERE
ARE DIFFERENT POLICIES FROM
CITY TO CITY I THINK THE REAL
SOLUTION IS. I THINK SOLUTION
IS TO PART ONE I THINK WE HAVE
TO UNDERSTAND THAT WE ARE
FACING. POLICE REFORMS AND
JUSTICE REFORMS AND A NEW DAY
GOVERNMENT IS CHANGING AND
COMMUNITIES ARE CHANGING
ESPECIALLY RIGHT NOW WE'RE
COMIN OUT OF. HOPEFULLY THE
THIS PANDEMIC BUT WE ARE LIKELY
TO FACE UNPRECEDENTED-
FINANCIAL RESTRICTIONS- NOT
JUST IN THE STATE BUT IN
GENERAL BUT THERE ARE TOOLS
ALREADY AVAILABLE TO US ALL
AROUND US THAT I THINK CAN BE
BETTER USED AND I'M
SPECIFICALLY TALKING ABOUT IN
THIS SPEAKS A LITTLE BIT. WHEN
WE'RE TALKING ABOUT THE LAW.
AND THE CIVIL CHALLENGES THAT
WE HAVE THERE ARE ALREADY SOME
CIVIL CHALLENGES THAT COME
THROUGH OUR CITIES AND STATES
VERY FREQUENTLY. THAT
INFORMATION NEEDS TO BE
COLLECTED AND ANALYZED AND A
LOT OF PLACES AND A LOT OF
JURISDICTIONS ARE NECESSARILY
DOING THAT. THE SAME THING FOR
INTERNAL INVESTIGATIONS NOT
JUST THE ALLEGATIONS BUT THE
CONCLUSIONS THAT THEY FOUND
THAT DATA NEEDS TO BE COLLECTED
AND ANALYZED AS WELL. CONFLATED
WITH THE INVEST THE INFORMATION
THAT COMES FROM THE CIVILIAN
OVERSIGHT AGENCIES THAT DO
EXIST. I'VE SUBMITTED AND IF
YOU GUYS DIDN'T GET COPIES JUST
A RECORD OF SOME OF THE RECORDS
THAT MY AGENCY RELEASES EVERY
YEAR. THROUGH OUR ANNUAL REPORT
ANALYZING EVERY SINGLE
COMPLAINT THAT COMES IN AND
CLASSIFYING IT AS WELL AS THE
SUSTAIN CASES. AND THE CASES
THAT ARE CHALLENGED WHERE OUR
RECOMMENDATIONS ARE DIFFERENT
FROM WHAT THE DISCIPLINE OR
ACCOUNTABILITY RECORDS ARE. A
LOT OF THESE THINGS ALREADY
EXIST IN DIFFERENT
JURISDICTIONS WE JUST HAVE TO
MAKE USE OF IT I WILL SAY. THAT
THAT- THE KEY TO ALL OF THAT IS
WHO MAKES THOSE DECISIONS RIGHT
AND IS ARE THOSE DECISIONS
BEING MADE IN THIS THAT WORK
BEING MADE. BY AND I THINK THIS
WAS REFERENCE SEVERAL TIMES BY
AN INDEPENDENT AGENCY AND THAT
SHOULD E. A CIVILIAN AGENCY
OUTSIDE OF THE LAW ENFORCEMENT
PRACTICES AND IF THAT AGENCY
DOES NOT EXIST THEY SHOULD BE
ENCOURAGED TO EXIST IN THOSE
JURISDICTIONS BUT TO THE DEGREE
THERE'S A GAP. OR A LACK OF
FUNDING ARE NOT AN OPPORTUNITY
I THINK THE STATE SHOULD BE
PLAYING A ROLE AND THAT'S ONE
OF THE AREAS THAT I'D LIKE TO
SEE THE ATTORNEY GENERAL'S
OFFICE PLAYING ABOUT- ROLE AND
THAT'S EXPANDED UPON. TO
COLLECT THAT INFORMATION AND
SHARE THAT INFORMATION BECAUSE
THAT INDEPENDENT EVALUATION
SHOULDN'T BE ASPIRATIONAL. AND
I DON'T THINK WE'RE GOING TO
HAVE PUBLIC TRUST WITHOUT
HAVING INDEPENDENT EVALUATION
AND ACCOUNTABILITY FOR THESE
AGENCIES HAD I JUST DON'T THINK
THAT THAT'S THE SOLUTION I
THINK THE SOLUTION IS TO
DEVELOP AND CULTIVATE. AN
INDEPENDENT PROCESS- AND THAT
INDEPENDENT PROCESS NEEDS TO BE
INSTITUTIONALIZED SO THAT THE
PUBLIC CAN RELY UPON IT AND THE
PUBLIC CAN UNDERSTAND IT THE
PUBLIC CAN MEASURE AT THE
PUBLIC CAN SEE IT. AND AGAIN
THAT ALL NEEDS TO BE EVIDENCE
BASED ON BASED ON THE DATA THAT
GETS COLLECTED AND ANALYZED
THANK YOU VERY MUCH DR WORDS I
COMPLETE YOUR QUESTION. YES AND
I APPRECIATE THAT AND I'M AND
I'M HOPING THAT OUR MEMBERS ARE
LISTENING BECAUSE MANY OF THESE
THINGS HAVE ACTUALLY BEEN
BEFORE MEMBERSHIP BEFORE- IN
SOME FORM AND- AND WE STILL
TRYING TO FIGURE OUT HOW TO.
WHAT ROLE DO WE PLAY BUT I WHAT
I'M AS I'M LISTENING TO OF THE
GENTLEMAN IT'S CLEAR THAT THAT
THE ROLE WE PLAY OBVIOUSLY IS
THAT WE MUST HAVE POLICY THAT
IS UNIFORM. STATEWIDE WE TRIED
THAT WOULD BODY CAMERAS AND I
HEAR PEOPLE TALK ABOUT BODY
CAMERAS YET WE HAVE NO STATE
WIDE BODY CAMERA POLICY. AND IF
YOU REMEMBER WE TRIED TO DO
THAT AND IT WAS KILLED AND SO
I'M JUST SAYING THAT A LOT OF
THE THINGS WE NEED TO GO BACK
AND LOOK BECAUSE- THEY SIMPLY
IF AND THE SENATE HAVE TRIED TO
DO MANY OF THESE THINGS AND I
THINK AS OUR- AS OUR COMMISSION
MEETINGS. AS THIS COMMITTEE
MEETS WE PROBABLY NEED TO GO
LOOK AT ALL THE BILLS AND WE
HAVE SOME KIND OF THE NOT. A
SUPPORTED OVER THE YEARS THAT
REALLY ADDRESS THESE ISSUES
BECAUSE MANY OF THESE ISSUES
HAVE BEEN BROUGHT UP BEFORE AND
THAT MANY OF THE GENTLEMAN WHO
ARE HERE- ON THESE PANELS HAVE
BEEN A PART OF IT ONE WAY OR
THE OTHER. AND ONCE WE DECIDE
THAT THESE ARE SOME THINGS THAT
ARE CRITICAL THAT ARE EXTREMELY
IMPORTANT- WE ARE GOING TO HAVE
TO WRESTLE WITH THE HARD ISSUE
OF ADDRESSING. THAT ISSUE- AS
WELL AS A DRESSING IS AS
SOMEONE IS MENTION THE IN THE
UNDERLYING CAUSE OF MUCH OF THE
DISPARITY IN POLICING WHICH IS
RACISM. AND WE HAVE TO ADDRESS
THAT IN TERMS OF THE HISTORICAL
TREATMENT OF AFRICAN AMERICANS
IN THIS COUNTRY THAT LEADS US
TO LOOKING AT A JOINT FLOYD
THAT COMES OUT OF OUR WHOLE
HISTORY OF LYNCHINGS AND
BURNINGS AND- AND DISREGARD FOR
THE LIFE OF AFRICAN AMERICANS.
AND IT HAS RESULTED OVER THE
YEARS AS WE HAVE NO IN THE DISK
IN THE TREATMENT OF THEM IN
BEING LESS THAN HUMAN SELF I
THINK WE HAVE A BIG CHALLENGE
AND I HOPE THAT WERE UP TO THE
CHALLENGE IS THAT LEGISLATORS
BUT THOSE OF US. ONE THIS PANEL
WHO WANTED TO BE A PART OF THIS
CONVERSATION I HOPE WERE UP FOR
THE CHALLENGE AND- AND THAT WE
LOOK AT WHERE WE'VE BEEN BUT
DEAR THANK THEM THANK EVERYONE
FOR THE V. INPUT I I'D REALLY
APPRECIATE IN THE CONVERSATION.
AND I'M LOOKING FORWARD TO THE
NEXT STEP IN ITS PHASES AS AS
WE TALK ABOUT WHAT WE NEED TO
GO THANK YOU MISS IT HERE THANK
YOU VERY MUCH AND WE ARE UP TO
THE CHALLENGE I THINK EVERYONE
IS COMMITTED TO DOING THE WORK
TO- MOVE THIS CONVERSATION FOR
BUT ALSO. CREATE A POLICY THAT
SPEAKS TO- CHU. RIAM LAW. IS
THAT CALIFORNIA THAT SAID. WE
HAVE- A MEMBER L. RAMOS ON THE
LINE. PLEASE OPEN YOUR
MICROPHONE OR CAMERA AND YOU
CAN PROCEED WITH YOUR QUESTION.
THANK YOU MISTER CHAIRMAN I
WANT TO THANK MY COLLEAGUE. DR
WEBER FOR HER COMMENTS. I THINK
BACK TO TWO AB THREE NINETY TWO
AND ALL OF THE DISCUSSION
REGARDING EIGHTY THREE NINETY
TWO. AND I DO WANT TO SAY THAT
I APPRECIATED THAT WHEN IT WAS
TIME TO VOTE AFTER ALL THE
DISCUSSION OF AND- HAVE BEEN
HAD. WE RECEIVED THE NOTICE
FROM PORAC THAT THEY HAD
WITHDRAWN THEIR- THEIR THEIR
OPPOSITION TO THE BILL. THEY
HAD ENGAGED IN THE CONVERSATION
WITH DR WEBBER WHICH WAS
EXTREMELY IMPORTANT AND I
REALLY I APPRECIATE THAT VERY
MUCH- BUT MR TEACHER I THE YOU
KNOW LOOKING AT THE TITLE OF
TODAY'S. HEARING WHY IS IT SO
HARD TO HOLD POLICE
ACCOUNTABLE. I THINK THAT
THAT'S THAT THAT IS THE PERFECT
QUESTION TO BE ASKED AND I
THINK THAT. AS AN ATTORNEY IN
THIRTY YEARS AND I SINCERELY
APPRECIATE THE COMMENTS OF SO
MANY. IT IS WHAT WE NEED IS TO
CLOSE THE LOOPHOLES IT'S TOO
EASY TO SAY. NOBODY WANTS THE
BAD APPLES NOBODY WANTS WE ALL
WANT TO HOLD OUR POLICE
ACCOUNTABLE WE THEY THEY GO TO
THE GOOD POLICE DO NOT WANT TO
THE BALLOT POLICE GETTING AWAY
WITH THINGS. SOMEHOW THEY DO
THEY DO GET AWAY WITH IT- SO
CLOSING THE LOOPHOLES IT IS
EXTREMELY IMPORTANT- DEAN
CHAMBER IN SKI I APPRECIATE THE
WORK THAT YOU'VE DONE NOT JUST
ON THIS TOPIC BUT ON SO MANY
OTHERS- I SINCERELY APPRECIATE
YOUR VOICE. AND I AM SO GLAD
THAT THAT ARE THAT ARE CHAIR
GIPSON- INVITED YOU TO BE PART
OF THIS PANEL BECAUSE YOUR
VOICE WAS NEEDED HERE IT
ABSOLUTELY WAS NEEDED HERE AND
I THINK THAT. THE YEARS YOU'VE
TALKED ABOUT A VERY
SPECIFICALLY ABOUT REVISING THE
PAIN ACT IS SOMETHING THAT- DR
WEBER'S TALKED ABOUT. AND HAS-
BROUGHT THIS TO ON MANY OF. AND
I THINK HEARING YOUR VOICE ON
THIS- REMINDS US. THAT THAT IS
PART OF THE SOLUTION. THE OTHER
PART IS AS IS THE MATH MUCH OF
BY SOMEBODY IS EXPANDING TRUST.
SO WE HAVE T CLOSE LOOPHOLES
WITH EXPAND THE TRUST AND THAT
THAT SOUNDS LIKE AN EASY ANSWER
BUT IT IS THE MOST DIFFICULT.
ABOUT SOMETHING THAT I DO WANT
TO ASK ABOUT IS THAT WE HEAR
OPPOSING VIEWS REGARDING THE
COMMUNITY AND CIVILIAN-
PURCHASE A PATIENT. IN THE
OVERSIGHT ON THE ONE HAND WE
TALK ABOUT CIVILIAN OVERSIGHT
OF AGENCIES BEING PART OF THE
EVALUATION ON THE OTHER HAND WE
HEAR THAT. WE SHOULD HAVE THOSE
WHO HAVE THE TRAINING WHICH-
NECESSARILY EXCLUDES OUR
COMMUNITY. THAT ONLY THOSE WHO
HAD THE POLICE TRAINING TO BE
PART OF THE VALUATION ON
POLICEMEN MISCONDUCT. SO MY
FIRST QUESTION IS. SHE IS THE
REASON THE QUESTION SHOULD THE
COMMUNITY- SHOULD BE USED SO
BILLION OUT PARTICIPATION BE
PART OF THE EVALUATION WHEN
WE'RE LOOKING AT POLICE
MISCONDUCT. MISTER HENDERSON
WANTS TO TAKE THE QUESTION
FOLLOW WITH- DEAN SOME RISKY
SURE SO I WILL JUST SAY JUST
SPEAKING TO THAT QUESTION
SPECIFICALLY HAVING CIVILIANS
AND HAVING TRAINED
PROFESSIONALS ARE NOT MUTUALLY
EXCLUSIVE I THINK THEY CAN WORK
TOGETHER BUT I THINK IT'S
REALLY IMPORTANT FOR
CREDIBILITY THAT WE HAVE.
COMMUNITY MEMBERS SET ON SOME
OF THESE BOARDS THAT WE HAVE
COMMUNITY MEMBERS REVIEW SOME
OF THE INFORMATION AND THAT WE
HAVE COMMUNITY MEMBERS EXAMINE
AND BE A PART OF THE
INDEPENDENT EVALUATIONS AND
THAT'S INFORMED BY IT LED BY OR
PARTNERED WITH. TRAINED
PROFESSIONALS THAT DO
INVESTIGATIONS TRAINED
PROFESSIONALS THAT DO HAVE
LEGAL BACKGROUNDS TRAINED
PROFESSIONALS THAT ARE FAMILIAR
WITH THE ADMINISTRATIVE LEGAL
AND GOVERNMENTAL PROCESSES
ASSOCIATED WITH THE DISCIPLINE
THAT'S MADE IT SO DIFFICULT
PART OF THE CHALLENGE I THINK
IS THAT THERE ARE SO MANY
INDEPENDENT TRACKS. THAT
DISAPPOINT THE PUBLIC'S
PERCEPTION OF WHAT DISCIPLINE
COULD LOOK LIKE AND IT'S
SEPARATED FROM WHAT THE PUBLIC
BELIEVES DISCIPLINE SHOULD LOOK
LIKE AND TO THE DEGREE WE HAVE
THE RESTRICTIONS THAT WE'VE
BEEN TALKING ABOUT ALL DAY
TODAY WE CAN REDUCE AND
ELIMINATE OR LOWER SOME OF
THOSE BARRIERS BY HAVING AN
INTENTIONALITY. OF SHARING
INFORMATION MORE BROADLY WITH
THE PUBLIC AND HAVING THEM SIT
AT THE TABLE I DON'T THINK-
THAT WE SPEAK TO OUR DEAL WITH
OR ADDRESS THE ISSUE OF PUBLIC
TRUST. BY THAT NOT HAVING THE
COMMUNITY AT LEAST BE INVITED
OR HAVING A DIRECT SEAT AND
PART OF THE PROCESS. TO
UNDERSTAND OR AT LEAST HAVE
ACCESS TO THE INFORMATION THAT
WE'RE TALKING ABOUT AND
WHATEVER THE PROCESS IS THAT WE
END UP PUTTING TOGETHER. TO
SHAPE OR IMPROVE THE SYSTEM
THAT WORK WERE ALL TALKING
ABOUT COMING UP WITH SOME OF
THOSE SOLUTIONS I DO. I THINK
THAT'S REALLY IMPORTANT MAKING
SURE THAT THE COMMUNITY. HAS IT
AT THE VERY LEAST ACCESS TO THE
INFORMATION. AND AT THE BEST
END OF THE SCALE HAS A SEAT AT
THE TABLE OF PARTICIPATION AND
WHAT THOSE PROCESSES COULD LOOK
LIKE AT I THINK HAVING THOSE
DOORS BE OPEN IT WOULD BE
REALLY IMPORTANT. AND AGAIN WE
DON'T HAVE TO REINVENT THE
WHEEL AS TO WHAT THIS CAN LOOK
LIKE A LOT OF THE CIVILIAN
OVERSIGHT THERE'S NO SPECIFIC
WAY TO HAVE. A CIVILIAN
OVERSIGHT AGENCY I WILL SAY
THAT I THINK IT WOULD BE MORE
HELPFUL THAN NOT FOR- AN
OUTLINE. OF WHAT INFORMATION IS
AVAILABLE FOR THESE AGENCIES SO
THAT WE ALL KNOW AND IT'S NOT A
CATCH AS CATCH CAN COUNTY TO
COUNTY WHAT INFORMATION WILL BE
AVAILABLE TO THEM. WHAT TYPES
OF INFORMATION CAN BE SHARED
WHAT TYPES OF INDEPENDENT
INVESTIGATION WILL THEY BE
LOOKING AT. AND THAT'S ONE OF
THE MOVEMENT'S THAT'S TAKING
PLACE RIGHT NOW WHEN WE WERE
TALKING EARLIER ABOUT- LIKE THE
MEASURE B. AND SAN DIEGO ONE OF
THE THINGS THAT THEY FOCUSED ON
WAYS. SPECIFICALLY EXPANDING
THEIR JURISDICTION AN ACCESS TO
INFORMATION AND THAT'S OF
MOVEMENT THAT'S TAKING PLACE
JURISDICTION TO JURISDICTION
BUT THOSE ARE LOCAL EXPANSIONS
THAT'S LOCAL LEGISLATION. IF WE
HAD FEDERAL I MEAN FOR A STATE
LEGISLATION TAKING THE PLAY AND
DEFINING WHAT INFORMATION WILL
BE SHARED WITH AN OVERSIGHT
AGENCY WHAT INFORMATION MUST BE
TRANSPARENT TO CIVILIAN
AGENCIES. THAT WOULD GO A LONG
WAY IN MAKING SURE THAT
COMMUNITIES ALL COMMUNITIES HAD
ACCESS TO THE INFORMATION AND I
WILL SAY IS THAT A FINAL CABBIE
OUT BECAUSE I THINK THIS IS
REALLY IMPORTANT AND WE HAVEN'T
TALKED ABOUT IT TODAY. THE ROLE
THAT THE FEDERAL GOVERNMENT HAS
FAILED TO PLAY IN PURSUING THAT
ROLE AND SHARING THAT
INFORMATION THIS PAST
ADMINISTRATION BECAUSE A LOT OF
THE TRANSGRESSIONS WE TALKED
ABOUT. AND A LOT OF THE FEDERAL
ACCOUNTABILITY THAT WE ALLUDED
TO AND MANY OF THE DISCUSSIONS
TYPICALLY WOULD HAVE TAKEN
PLACE AT THE FEDERAL LEVEL BUT
THE MOST THE PREVIOUS
ADMINISTRATION. ALL WOULD THAT
WOULD HAVE BEEN TAKEN PLAY AND
THE DEPARTMENT OF JUSTICE. IN
THE CIVIL RIGHTS DIVISION THAT
WAS THE AGENCY WHERE WE SEE THE
TWENTY FIRST CENTURY POLICING.
THAT'S THE AGENCY THAT
EVALUATES THE PATTERN AND
PRACTICE OF VALUATION. THAT IS
THE AGENCY OF THOSE O THE
LAWYERS THAT HAVE BEEN CUT TO
LESS THAN HALF OF WHAT THEY
WERE. FROM THE OBAMA
LEFT A GLARING HOLE AND AN
OPPORTUNITY FALLING BACK FOR
THE STATES AND LOCAL
JURISDICTIONS TO DO THE WORK.
WITH OUT LEADERSHIP FROM THE
FEDERAL GOVERNMENT BUT AN
OPPORTUNITY FOR US AT THE STATE
LEVEL AND THE LOCAL LEVEL. TO
FIX SOME OF THESE ISSUES. MY
POINT IS BEING TO BRING IT FULL
CIRCLE TO WHAT I WAS TALKING
ABOUT. RATHER THAN HAVE A
SOLUTION COME UP AND PALM
SPRINGS. THAT DOESN'T EXIST AND
SAN JOSE ARE HAVE A MODEL AND
LOS ANGELES THAT DOESN'T EXIST
IN FRESNO. WE CAN
INSTITUTIONALIZE WHAT ACCESS
LOOKS LIKE WHAT- AND WHAT
DIRECT ACCESS TO INFORMATION
LOOKS LIKE WHAT DATA LOOKS LIKE.
AT THE STATE LEVEL THROUGH
LEGISLATION ABSOLUE ACTION THAT
WOULD BE HELPFUL TO EVERYONE
THAT WOULD LIFT ALL OF THE
COMMUNITIES HERE IF THEY HAD
STANDARDS TO EXPECT. THAT WOULD
BE SHARED WITH THEM THAT DAY
THEMSELVES IF THERE WEREN'T
MEASURES ALREADY PUT IN PLACE
TO BOTH ANALYZE AND TAKE ACTION
ON TO INFORM THE POLICIES TO
MAKE SURE THAT WE GOT RACE
NEUTRAL. POLICING AT AND THAT
WOULD BE A REALLY IMPORTANT
CORNERSTONE I THINK TO JUSTICE
REFORMS CAN I AM PLEASE GO TO-
DEAN I'M SURE MARIN SKI FOR A
FOLLOW UP FOR THAT- TO EXPOUND
THE QUESTION AND THEN WE ALSO
HAVE- MEMBER- REBECCA BAUER K.
HAD ON THE LINE TO ASK A
QUESTION. SO DEAN'S IMMERSED
GEAR USED TO WITH THE SECOND I
AM. I WANT TO TALK AGREE WITH
MR HENDERSON IN RESPONSE TO THE
QUESTION. IT'S NOT A CHOICE
BETWEEN CIVILIAN PARTICIPATION
AND ONLY PROFESSIONAL
PARTICIPATION IT HAS TO BE A
SYSTEM THAT INCLUDES CIVILIAN
INVOLVEMENT. IN PROFESSIONAL
PARTICIPATION. CIVILIAN
COMMUNITY PARTICIPATION IS
ABSOLUTELY CRUCIAL IN ORDER FOR
THE PROCESS TO HAVE
CREDIBILITY. BUT ALSO CIVILIANS
AND MEMBERS OF THE COMMUNITY
BRING A PERSPECTIVE IT'S
ESSENTIAL IN ORDER FOR THERE TO
BE JUST DECISIONS. I THINK IT'S
MISTER HENDERSON SAID IT THE
VERY LEAST THIS HAS TO BE WITH
REGARD TO INFORMATION BEING
AVAILABLE. SO I MADE IT MORE
STRONG AND SAYING THAT HAS TO
BE WITH THE GUARD TO
PARTICIPATION IN TERMS OF
DECISION MAKING. I DON'T THINK
AT THIS MOMENT TIME OR MAYBE
EVER THEY'LL BE CREDIBILITY. OR
JUST DECISIONS UNLESS YOU HAVE
CIVILIANS WORKING WITH
PROFESSIONALS. IN THE DECISION
MAKING PROCESS. THANK YOU VERY
THANK YOU MISS REYES ARE YOU
COMPLETE. YES THANK YOU MISTER
CHAIR THANK YOU SO VERY MUCH
NEXT WE WANT TO GO TO ASSEMBLY
WOMAN- REBEKAH BAUR CARED FOR
HER QUESTION SHE'S ON THE LINE.
YEAH IF YOU COULD THANK YOU YES
GREAT HIT THANK YOU MISTER
CHAIR SO I WANT TO THANK ALL OF
THE PANELISTS FOR THIS REALLY
ENLIGHTENING CONVERSATION ABOUT
EXACTLY WHAT HAPPENED MY
COLLEAGUE MISTER S. MENTIONED
WHICH IS IT'S IMPORTANT WE
UNDERSTAND WHY ALTHOUGH WE WANT
THE BAD APPLES TO BE REMOVED
FROM. THE POLICE FORCES IT IS
SO DIFFICULT AND I'M NOT I WANT
TO ASK A REALLY SPECIFIC
QUESTION TO MISTER HENDERSON
INDIAN CHAMBER AND SKI ABOUT
POPE ARE THE POLICE BILL OF
RIGHTS AND THE ROLE I PLAYS
OBVIOUSLY OF MANY PEOPLE
MENTION TAKING SOMEBODY'S
LIVELIHOOD AWAY IS A VERY
SERIOUS THING AND DUE PROCESS.
IS SOMETHING THAT ALL OF US
HOLD DEAR AS LOVERS OF THE
CONSTITUTION AND THE RIGHTS
INSTILLED IN EACH US BUT AT THE
SAME TIME WE NEED TO MAKE SURE
WE DON'T HAVE A SYSTEM SO
BURDENSOME THAT DUE PROCESS
GOES A STEP TOO FAR MAKES IT
TOO DIFFICULT TO REMOVE FAT
OFFICERS SO I WANT TO ASK. WHAT.
ROLE DOES WHO ARE PLAYING
THAT'S- AND WHAT THE ZIP. ARE
THERE PRINCIPLE OF OUR- THAT
ARE SO BURDENSOME THAT THEY
STAND IN THE WAY OF
DISCIPLINING OFFICERS AND DON'T
ADD MUCH TO THAT RIGHT TO DUE
PROCESS. I WILL SAY IF I CAN
JUST JUMP IN JUST- FOR THAT THE
WHOLE BAR PLAYS AND ABSOLUE
ROLE IN HELPING TO FIND THE
THINGS THAT WE ALLUDED TO
BEFORE AND BOTH. SPECIAL
DEFENSES AND BENEFITS THAT ARE
ALLUDED TO THE PROFESSION OF
POLICING AND SO. EIGHT A GAIN I
THINK THE REAL CHALLENGES ARE
AND HOW INFORMATION IS SHARED.
IT THERE THERE ARE NO MANDATES
AND POOL BAR THAT HELP IN CAR
OR THEY'RE NOT MANY- EDICTS AND
PROBAR THAT HELP ENCOURAGE
SUPPORT- THE WORK BEING DONE
FOR THE ACCOUNTABILITY IN TERMS
OF COLLECTING DATA. SHARING
DATA AND ANALYZING DATA AND I
THINK THAT'S REALLY IMPORTANT
THOSE ARE. EASY AND MAYBE IT'S
NOT APPROPRIATE TO LOOK TO PULL
BAR TO DO THOSE THINGS WHICH IS
WHY IT'S THE OPPORTUNITY FOR
LEADERSHIP TO TAKE. THE
OPPORTUNITY TO DO SOME OF THOSE
THINGS BUT THEY ARE. ABSOLUTE
RESTRICTIONS AND POPE ARE ABOUT
HOW- AT LEAST FOR MYSELF AS A
CIVILIAN AGENCY. IS LIMITED AND-
IN THE TRACK THAT I HAVE TO
PURSUE TO GET ACCOUNTABILITY
FOR THE CASE OF THE COMING
BASED ON COMPLAINTS THAT COME
IN POPE ARE LIMITS THE AMOUNT
OF TIME THAT I CAN CONDUCT AN
INVESTIGATION COBAR LIMITS THE
AMOUNT OF INFORMATION THAT I
CAN SHARE WITH THE PUBLIC AND
THE DEMANDS THAT I GET.
REGULARLY I MEAN SEPARATE FROM
THE DEMANDS THAT ARE ALREADY
BUILT INTO THE LAW INCLUDING
FOURTEEN TWENTY ONE DEMANDS
THAT COME IN ALL THE TIME ABOUT
MY RECORD I HEAR FROM AGENCIES
LIKE PUBLIC DEFENDERS AT ACE
LOCAL AND FEDERAL AND STATE
LEVEL ALL THE TIME. ASKING MORE
ABOUT MY INFORMATION ABOUT
SPECIFIC INFORMATION THAT I'M
BARRED FROM SHARING THAT IS
ABSOLUTELY RELEVANT AND THE
CRIMINAL COURTS I'M I'M ASKED
FREQUENTLY FOR INFORMATION THAT
IS ABSOLUTELY RELEVANT AND THE
CIVIL COURTS FROM AGENCIES THAT
ARE ARE PURSUING- NINETEEN
EIGHTY THREE CLAIMS THAT I'M
RESTRICTED FROM SHARING EVEN
WHEN BEYOND JUST AN
INVESTIGATION I HAVE ACTUAL
INFORMATION ABOUT SUSTAINED
FINDINGS. FOR BEHAVIOR I MEAN
THAT'S KIND OF WHAT POOL BAR IS
AND IT'S USED HAS- SHIELD AND A
SWORD FOR SOME OF THE WORK BUT
I THINK YOU KNOW WHEN WE CAN
START UNPACKING IT AND I'M I'M
ANXIOUS TO HEAR WHAT THE
INSURANCE HE'S GOING TO SAY HAS
A WELL ABOUT SOME OF THE TOOLS
THAT CAN BE DEVELOPED AT THE
STATE LEVEL TO TRY AND ADDRESS
SOME OF THOSE CHALLENGES. WERE
GREAT GREAT- DANGEROUS GAVE YOU
CAN WEIGH IN BECAUSE WE HAVE
ABOUT TO GET ABOUT TEN MINUTES
WILL GO RIGHT AHEAD PLEASE WELL
IT'S A VERY FLEXIBLE AND
FORCING YOU TO EXCUSE MYSELF
BUT I WILL MAKE MYSELF
AVAILABLE COMMITTEE IN ANYWAY I
NEED ASSISTANCE I CERTAINLY
AGREE THAT OFFICER SHE RECEIVED
TWO PROCESS BEFORE THEIR
DISCIPLINE. HOWEVER MUCH OF
HOBART DOESN'T HAVE ANYTHING TO
DO WITH DUE PROCESS FOR
OFFICERS I WOULD FOCUS ON WHAT
MISTER HENDERSON WAS JUST
TALKING ABOUT WAYS IN WHICH-
BAR AT. LIMITS THE RELEASE OF
INFORMATION BUT- BY OFFICER.
THEN CONFRONTS. CIVIL SUITS TO
POLICE. EITHER SECTION NINETEEN
EIGHTY THREE WHERE THE BANYAK
AND JUST TO FOCUS ON THAT ONE
ASPECT OF OUR- RESTRICTIONS ON
INFORMATION BEING ABLE TO BE
AVAILABLE IN THIS WITH
MISCONDUCT. COULD MAKE AN
ENORMOUS DIFFERENCE WHEN THEY
ACT WHEN ASSEMBLY ONCE EARLIER
AND HELPFUL IN THE QUEUE.
LOOPHOLE IT WOULD REALLY
MAXIMIZE THE ABILITY TO HOLD
POLICE ACCOUNTABLE WHEN HIS
MISCONDUCT. THANK YOU VERY MUCH
RPK YOU HAVE ANOTHER QUESTION
ARE YOU COMPLETE. I AM
COMPLETELY. THANK YOU VERY MUCH
I HAVE NO OTHER MEMBERS IN THE
QUEUE- SO THAT LIVE HERE I WANT
TO SUGGEST SEN YES MR SEN. IT'S
CUNNINGHAM MISTER CUNNINGHAM
THANK YOU VERY MUCH FOR JOINING
US APPRECIATE IT- PLEASE
PROCEED WE HAVE ALL THESE
ATTORNEYS ASSEMBLY MEMBERS I
TELL YOU. MISTER CUTTING HIM
PLEASE- YEAH SO THIS IS
SOMETHING OF A STATEMENT
SOMETHING OF A QUESTION ON THE
ISSUE OF CLOSING LOOPHOLES. AND
LIKE MR ASSEMBLY MEMBER SALAS-
I HAD MY OWN BILL LAST. SESSION
AB FIFTEEN NINETY NINE THAT
WOULD THAT WAS SEEKING TO
ADDRESS THE ISSUE. OF POLICE
OFFICERS THAT ARE ACCUSED OF
SERIOUS MISCONDUCT. LETHAL
FORCE LYING ON THE JOB SEXUAL
ASSAULT OR SEXUAL MISCONDUCT ON
THE JOB- WE HAVE SEEN
CIRCUMSTANCES IN THEIR RARE
FORTUNATELY BUT THEY HAPPEN
WHERE THEY ARE ABLE TO RESIGN
BEFORE AN INVESTIGATION-
WHETHER IT'S AND I A OR A
CRIMINAL INVESTIGATION IS
COMPLETE. AND ESSENTIALLY
BURIED THE RECORDS FROM EVER
COMING TO LIGHT OF DAY THEY'RE
NOT TOUCHABLE WITH THE PUBLIC
RECORDS ACT REQUEST I YOU CAN'T
GET THEM- SO MY BILL MADE IT
THROUGH THE ASSEMBLY LAST YEAR
STALLED OUT IN THE SENATE- I
THINK THAT'S AN ISSUE WE
SHOULD. THINK ABOUT REVISITING
WITH LEGISLATION- AND WE HAD
WORK SOMETHING OUT THERE WAS A
FRAMEWORK THERE THAT HAD BEEN
WORKED OUT WITH- WITH POLICE
CHIEFS WERE SHARES AND WITH
PORAC- THAT WOULD PROTECT THE
OFFICERS FROM HAVING RECORDS
RELEASED THAT MADE THEM LOOK
BAD. WHERE THE INVESTIGATION
ACTUALLY- WAS ON SUSTAIN OR-
RESULTED IN EXONERATIONS THE
OFFICER. SO I MEAN WE'RE
TALKING A VERY NARROW SLICE OF
THINGS HERE SERIOUS MISCONDUCT
THAT IS INVESTIGATED- YOU KNOW
WE NEED TO MAKE SURE THAT
WE'RE- REQUIRING THAT THE
DEPARTMENT'S. COMPLETE THE
INVESTIGATION AND ARE NOT
ALLOWING PEOPLE TO EXPLOIT THIS
LOOPHOLE WHERE THEY THEY CAN
RESIGN AND ESSENTIALLY STOPPED
INVESTIGATION AND THEN YOU
DON'T. HAVE ANYTHING BECAUSE
THERE WAS NEVER A FINDING AT
ALL WHETHER SUSTAINED
MISCONDUCT FINDING OR
EXONERATED FINDING OR AND I'M
SUSTAIN THE EVIDENCE WASN'T
CLEAR TO SAY ONE WAY OR
ANOTHER- SO I THINK THAT'S- AND
THAT FITS RIGHT INTO THE SB
FOURTEEN TWENTY ONE FRAMEWORK
FROM SKINNER'S BILL FROM TWENTY
EIGHTEEN. IT IT CLOSES A
LOOPHOLE- THAT HAS BEEN
EXPLOITED AND IT ALSO PROTECTS
THE OFFICERS BECAUSE IT IT
WOULD CLARIFY ALSO. THAT IF
YOU. ARE IF THE INVESTIGATION
WAS COMPLETE AND YOU WERE
EXONERATED OR THERE WASN'T
ASSISTING FINDING MISCONDUCT-
THEY COULD REST ASSURED THAT
THOSE RECORDS WOULD NOT COME
OUT IN THE PUBLIC. AND SUBJECT
THEM TO PUBLIC SCRUTINY THAT
WAS ON WARRANT SO I THINK WE
CAN PICK UP ON THAT I'M JUST
MORE THROWING THIS OUT THERE I
DON'T NEED. NECESSARILY UNLESS
SOMEBODY'S GOT A COMMENT FROM
THE PANEL APPRECIATE DETERRENCE
KEY DATA MY- ALMA MATER THANK
YOU FOR COMING TODAY. IF YOU
STILL AROUND BUT- I JUST WANTED
TO THROW THAT OUT THERE IS AN
IDEA FOR. SOMETHING THAT WE
COULD WORK ON THAT I THINK
WOULD HAVE. A BIPARTISAN-
SUPPORT AND IT'S A IT'S A
LEGISLATIVE. FIX TO A LOOPHOLE
THAT THAT RESULTS IN- OFFICERS
BEING ABLE TO RESIGN UNDER A
CLOUD OF STREET NEAR
INVESTIGATION FROM ONE
DEPARTMENT. AND THEN GO TO
ANOTHER DEPARTMENT- AND THE
PUBLIC NEVER KNOWS ANYTHING
ABOUT THE PRIOR MISCONDUCT AND
WE'VE SEEN THAT HAPPEN IT'S
HAPPENED IN MY DISTRICT SEVERAL
TIMES. ALREADY WE'VE RECEIVED
OFFICERS THAT LEFT OTHER
DEPARTMENTS- THEY HAD BEEN
ENGAGED IN MISCONDUCT THEY
COMMITTED SIMILAR MISCONDUCT.
AND WE'RE TALKING ABOUT A 1% OF
1% I MEAN THESE ARE. THE NUMBER
OF BAD APPLES I TRULY BELIEVE
THIS IS QUITE SMALL- BUT YOU
KNOW IF WE'RE GOING TO RESTORE
TRUST. AND TRUST BETWEEN THE
COMMUNITY AND THE LAW
ENFORCEMENT. FOLKS THAT SERVE
THE COMMUNITY- WE NEED MORE
TRANSPARENCY THAT'S THE ONLY
WAY I KNOW OF TO RESTORE THAT
TRUST. SO YOU JUST WANT TO MAKE
THAT COMMENT I APPRECIATE THE
TIME THANK YOU HAVE- MISTER
HENDERSON WANT TO RESPOND AND
THEN WE HAVE ABOUT- FOUR
MINUTES BEFORE WE START GOING
ON TO OUR NEXT PANEL
DELIBERATIONS. SO MR ANDERSON
YEAH I WAS GONNA AGREE WITH
EVERYTHING MAYBE SOME WOMEN
SAID BUT ALSO TO POINT OUT THAT
THE OTHER- AGENCY I JUST WANNA
KEEP REITERATING THAT THE
CIVILIAN OVERSIGHTS THAT DO THE
ACCOUNTABILITY ARE ALSO
RESTRICTED WHEN THAT PROCESS
HAPPENS MANY OF THEM DON'T
HAVE. JURISDICTION TO CONTINUE
THEIR INVESTIGATIONS EVEN
THOUGH THEY OPERATE
INDEPENDENTLY WHEN THAT HAPPENS
AND THAT JUST EXACERBATES THE
NEED TO HAVE. SOMETHING THAT
ADDRESSES THIS ISSUE MORE
DIRECTLY I WILL SAY THERE ALSO
BECAUSE WE HAVE TO BE CREATIVE
AND AGGRESSIVE ABOUT THE
INDEPENDENT EVALUATION OF THESE-TRANSGRESSIONS THAT THERE ARE
OTHER MEASUREMENTS AND MARKERS
THAT WE CAN FOLLOW UP ON TO I
JUST WANT TO SHARE THIS WHILE
WE'RE ALL HAVING A
CONVERSATION. SOME OF THOSE CAN
BE FOUND IN RECORDS THAT
ALREADY EXIST AND I WILL SAY IN
THE CRIMINAL COURTS WHEN YOU'RE
LOOKING AT THE CONFLATION OF
CASES THAT HAVE BEEN. THROWN
OUT AND MOTIONS TO SUPPRESS
THEIR OFTENTIMES RECORDS IN
THERE THAT INDICATE BAD
BEHAVIORS FROM OFFICERS THAT
CAN BE EVALUATED ALSO IN THE
CIVIL LAWSUITS THAT TAKE PLACE.
SO EVEN WHEN AN OFFICER IS
ALLOWED TO GET OUT FROM A
COMPLETE INVESTIGATION THAT
RESULTS AND CRIMINAL
ACCOUNTABILITY ARE IN INTERNAL
AFFAIRS- ACCOUNTABILITY OR
CIVILIAN OVERSIGHT
ACCOUNTABILITY BECAUSE THEY'VE
LEFT. THERE'S OFTENTIMES A
LAWSUIT THAT SOMETIMES RESULTS
AND FINDINGS AND INFORMATION
THAT SHINES THE LIGHT ON MANY
OF THESE TRANSGRESSIONS AND IN
THIS DAY AND AGE WITH LIMITED
RESOURCES AND BUDGET. WE HAVE
TO BE CREATIVE ABOUT WHERE
THOSE RECORDS ARE BEING CREATED
THAT ARE SHINING THE LIGHT ON
WHO THOSE BAD ACTORS ARE. WHERE
THOSE TRANSGRESSIONS ARE. AND I
THINK CONNECTING THE DOTS THAT
THAT THOSE TRANSGRESSIONS.
DON'T KEEP REOCCURRING HAVE TO
BE ACCOUNTABLE AT A BROADER
LEVEL TO LOOK AT WHAT THOSE
PATTERNS ARE TO INFORM POLICY.
DECISIONS THAT NEED TO CHANGE
THAT OFTENTIMES IS USED AS A
SHIELD AND I'M RELY. TO BAD
BEHAVIORS WITH UNINTENDED
CONSEQUENCES THAT. OBVIOUSLY
AGAIN HAS DISPARATE IMPACT ON
COMMUNITY SPECIFICALLY
COMMUNITIES OF COLOR SO I JUST
WANT TO SHARE THAT THANK YOU
VERY MUCH LIEUTENANT- GHOSTING
ARE YOU STILL WITH US. I AM DO
YOU WANT TO WAY AND WE HAVE
ABOUT THREE MINUTES AND I WOULD
LOVE TO HEAR FROM YOU WE'VE
HEARD FROM A NUMBER OF OTHER
PEOPLE SO. DO YOU WANT TO WEIGH
IN ON ANY ASPECT OF THE
CONVERSATION THAT YOU'VE HEARD
THUS FAR. FOR FINAL COST SURE
AYE AYE. YEAH I THINK IT'S
REALLY CRITICALLY IMPORTANT
FOR- THE COMMITTEE TO REALLY
ENGAGE IN A PROCESS THAT LOOKS
AT EVERYTHING. OUR THAT IS BEEN
SAID HERE TODAY YOU KNOW
WHETHER IT'S THE ISSUE OF
PROCEDURAL JUSTICE HOW TO CLOSE
THE LOOPHOLES BUT- I WANNA GO
BACK A LITTLE BIT TO MY INITIAL
COMMENTS ABOUT ARBITRATION. AND
HAL HELLO THE ARBITRATION
PROCESS ITSELF CAN ALSO CREATE
OBSTACLES TO AFFECTED-
DECERTIFICATION AND SO YOU KNOW
THERE ARE MANY CASES IN
CALIFORNIA ACROSS THE NATION
OFFICERS. THAT HAPPENED BACK
BEEN FIRED. AND THEN
ARBITRATORS HAVE REINSTATED
THEM AGAINST THE WILL OF THE
CITY AND THE POLICE. AND THE
ADMINISTRATOR AND SO THIS IS A
VERY COMPLEX AND LAYERED-
SITUATE WHERE WE TO LOOK AT HOW
NOT JUST POPE MARKETS SERVICE
STATUES. ARBITRATION COLLECTIVE
BARGAINING AGREEMENTS. ALL CAN
IMPACT A ROBUST DECERTIFICATION
PROCESS IN BUT WE CAN'TDEAL
WITH OUT CIVILIAN. INPUT I
THINK THAT'S CRITICALLY
IMPORTANT WHETHER YOU HAVE A
LEGISLATION THAT I THINK IS
MISTER HENDERSON HAS STATED
THAT GIVES GUIDANCE TO EVERY.
AGENCY THAT FORMS THEIR OWN
CIVILIAN OVERSIGHT REVIEW BOARD
THAT THAT CAN MAKE RECOMMEND
ATIONS TOWARDS DECERTIFICATION
AND THAT PROCESS AS WELL. THIS
IS A THIS IS VERY VERY
DIFFICULT WORK BUT WE HAVE TO
WE HAVE TO LISTEN TO OUR
COMMUNITY WE HAVE TO
ACKNOWLEDGE THE DISPARITIES IN
POLICING WE HAVE TO DISCUSS THE
HISTORY OF POLICING. IN OUR
COUNTRY THAT GOES BACK NOT JUST
YOU KNOW TO THE NINETEEN
SEVENTIES BUT THE IT BUT ITS
ENTIRETY AND HOW LAW
ENFORCEMENT HAS BEEN USED. IN
IN MANY ASPECTS IN THE WRONG
WAY WHETHER IT WAS AN AS SLAVE
CATCHERS IN THE BEGINNING YOU
KNOW OR WHETHER IT'S THE
DISPARITIES IN THE ENFORCEMENT
OF OUR DRUG LAWS WE HAVE TO
ACKNOWLEDGE THOSE. LISTEN TO
OUR COMMUNITY AND ZAYN OPEN
ACCESS ENGAGING DATA COLLECTION
THAT PREVENTS THAT FROM
HAPPENING CLOSING THE LOOPHOLES
IT IS ONE OF THE MOST
SIGNIFICANT WAYS OF DOING IT.
THANK YOU VERY MUCH A TENER FOR
YOUR COMMENTS I WANT TO THANK
THIS PANEL- THIS WILL CONCLUDE-
THIS PANEL IN THIS SEGMENT. OF
POLICE DISCIPLINE AND SO WE
WANT TO MOVE ON TO OUR NEXT
PANEL DEAL LITIGATION BUT ALSO
WANT TO. MAKE A POINT THAT. ALL
OF OUR THE ENTIRE COMMITTEE
MEMBERS STAFFS ARE WATCHING
THESE HEARINGS AND THEY'RE
TAKING COPIOUS NOTES AND THEY
WILL GET TOGETHER AND SHARE ALL
THE INFORMATION ALL THE POINTS
THAT HAVE BEEN BROUGHT OUT
SOMEONE LET PEOPLE KNOW. THAT
NOT ONLY DO WE HAVE THE
RECORDING TO REFER BACK TO WILL
ALSO HAVE TO- SELECT COMMITTEE
MEMBERS. TEAMS THAT ARE
WATCHING THESE HEARINGS IN
TAKING COPIOUS NOTES TO HELP US-
AND REFLECTING BACK ON SOME OF
THE VERY POIGNANT- ASPECTS OF
TODAY'S HEARING SOMEONE SAY
THANK YOU VERY MUCH MR
ANDERSON. FOR YOU BEING HERE
PERSONALLY AND THANK ALL OUR
FOR ALL OF OUR OTHER PANELS. OF
PANELISTS TO BEING HERE I'M
DOING SOME RISKY- THE TENANTS-
DI GOLDSTINE AND ALSO CHIEF
NOON YES AND ALSO BRIAN MARVEL-
THANK YOU ALL IS BEEN A
LIGHTNING CONVERSATION THANK
YOU VERY VERY MUCH. NEXT WE'LL
MOVE ON TO OUR NEXT PANEL. AND
OUR NEXT PANEL WE WILL BE
DEALING WITH- POLICE LITIGATION
EACH PANEL WILL HAVE UP TO SIX
TO EIGHT MINUTES- AND- WE WOULD
LIKE FOR YOU TO INTRODUCE
OURSELVES WITH IN THAT SIXTY
EIGHT MINUTES WHO YOU ARE AND-
AND- YOUR BACKGROUND AND THEY
MOVE RIGHT INTO YOUR
PRESENTATION. THE FIRST PERSON
GONNA HAVE DAVID EATEN A
STAGNANT- WHO WILL BE JOINING
US VIRTUALLY. MISTER MISTER
ACNE ARE YOU WITH US. YES THANK
YOU VERY MUCH FOR BEING WITH US
AND YOU MAY PROCEED- WHEN READY
AND YOU HAVE EIGHT SIX TO EIGHT
MINUTES. GOOD AFTERNOON AND%
THANK YOU FOR THE OPPORTUNITY
TO APPEAR. MY NAME IS DAVID
MISS STAGNATE MY PRACTICE
FOCUSES. ON REPRESENTING PUBLIC
EMPLOYEES AND THEIR UNIONS MY
LAW ENFORCEMENT CLIENTS
UNDERSTAND THE CONTINUING NEED
FOR POLICE REFORM. KELLY AT
THIS MOMENT IN OUR NATION'S
HISTORY. ORDING LEAVE WE HAVE
WORKED TIRELESSLY WITH
STAKEHOLDERS IN THE LEADERSHIP
TO MODERNIZE USED TO FORCE
STANDARDS ESTABLISHED STATEWIDE
USE OF FORCE POLICY
REQUIREMENTS AND TRAINING AND
INCREASED TRANSPARENCY. I'VE
BEEN ASKED TO AND I WILL
EXPLAIN THE DISCIPLINARY
PROCESS AND THE DUE PROCESS
RIGHTS AFFORDED ALL PUBLIC
EMPLOYEES IN CALIFORNIA. MY
TIME IS SHORT BUT I ALSO WANT
TO BE CLEAR THAT MY CLIENTS
SUPPORT A LICENSING REVOCATION
PROCESS TO ASSIST IN STRIKING
THE PROPER BALANCE THAT
ADDRESSES LEGITIMATE SHARED
CONCERNS OVER BAD OFFICERS
AVOIDING ACCOUNTABILITY. WHILE
MAINTAINING FUNDAMENTAL
PRINCIPLES OF DUE PROCESS AND
FAIRNESS FOR INNOCENT OFFICERS.
WITH RESPECT TO THAT DO I'D
THAT DISCIPLINARY PROCESS. IT'S
FIRST IMPORTANT TO REMEMBER
THAT OFFICERS ARE SUBJECTED TO
GREATER SCRUTINY AND HELD TO A
HIGHER STANDARD THAN OTHER
PUBLIC EMPLOYEES IN CALIFORNIA.
THE PENAL CODE MANDATES THAT
EVERY AGENCY ESTABLISH AND
PUBLICIZE A PROCESS FOR
ACCEPTING COMPLAINTS OF
MISCONDUCT AGAINST OFFICERS AND
ALSO MANDATES THE INVESTIGATION
OF THOSE COMPLAINTS THAT'S NOT
TRUE IN EVERY STATE. THE
PROCESS COMMENCES WHEN A
COMPLAINT OF MISCONDUCT IS
RECEIVED. IMPORTANTLY
INVESTIGATIONS ARE NOT LIMITED
TO COMPLAINTS BY MEMBERS OF THE
PUBLIC AND IN FACT MY
EXPERIENCE HAS BEEN THAT A
MAJORITY OF THE INTERNAL
AFFAIRS INVESTIGATION ARE
GENERATED BY COMPLAINTS FROM
SUPERVISORS OR MANAGERS. THE
AGENCY THEN BEGAN INTERVIEWING
WITNESSES AND INVESTIGATING THE
CASE IN A MANNER SIMILAR TO A
CRIMINAL INVESTIGATION THE
ACCUSED OFFICERS INTERROGATED
LAST. THE ACCUSED IS NOT
NOTIFIED OF THE INVESTIGATION
TYPICALLY UNTIL A FEW DAYS
BEFORE HIS OR HER INTERROGATION.
THE INTERROGATION PROCEDURES
MAYOR THE PROCEDURES AFFORDED
UNDER WHAT'S CALLED WEINGARTEN
RIGHTS AND ARE APPLICABLE TO
ALL UNION MEMBERS BOTH UNDER
THE MYERS MALAISE BROWN ACT AND
UNDER THE NLRB. THE POLICE
OFFICERS BILL OF RIGHTS IN THE
FIREFIGHTER BILL OF RIGHTS
LARGELY JUST CODIFIED THESE
WEINGARTEN RIGHTS WITH RESPECT
TO WHAT HAPPENS AT THE
INTERROGATION GIVES BASIC.
REQUIREMENTS SAID OFFICERS HAVE
A RIGHT TO A REPRESENTATIVE
THEY HAVE A RIGHT TO RECORD THE
INTERROGATION THEY HAVE A RIGHT
TO USE THE RESTROOM. THE NOTICE
IS ALSO SIMILAR UNDER POOL BAR
AND WINE GARDEN. ANY PUBLIC
EMPLOYEE AND OFFICERS ARE
ENTITLED TO NOTICE OF THE
NATURE OF THE ALLEGATIONS THIS
IS VERY LIMITED INFORMATION OUR
SUPREME COURT HAS HELD THAT
OFFICERS DO NOT HAVE A RIGHT OF
ACCESS TO ANY OF THE
INVESTIGATION INFORMATION IS
MERELY THINGS LIKE YOU'RE
CHARGED WITH EXCESSIVE FORCE
FROM THIS PARTICULAR DATE OR
THIS PARTICULAR CASE. AND IT'S
INTENDED TO GIVE THEM NOTICE SO
THAT THEY CAN DISCUSS THE
MATTER WITH THEIR
REPRESENTATIVES ANOTHER
IMPORTANT FACTOR IS THAT
OFFICERS DO NOT HAVE THE RIGHT
TO REFUSE TO PARTICIPATE THEY
CAN BE COMPELLED EVEN WENT AND
CRIMINAL JEOPARDY ATTACH IS TO
THE ALLEGATIONS. ONCE THE
INVESTIGATION IS COMPLETED THE
AGENCY RENTER'S FINDINGS THESE
ARE TYPICALLY EITHER FRIVOLOUS
EXONERATED UNFOUNDED NOT
SUSTAINED OR SUSTAINED. IF IT'S
SUSTAINED THEN A CORRECTIVE OR
DISCIPLINARY ACTION IS PROPOSED
IF IT'S ANY OF THE OTHER
FINDINGS THEN OBVIOUSLY NO
ACTION IS TAKEN. THE FIFTH AND
FOURTEENTH AMENDMENTS TO THE
CONSTITUTION PROVIDE ALL PUBLIC
EMPLOYEES IN CALIFORNIA A
PROPERTY INTEREST IN THEIR
CONTINUED EMPLOYMENT AD A DUE
PROCESS RIGHT TO APPEAL ANY
DEPRIVATION OF THAT PROPERTY
INTEREST. THE PEACE OFFICERS
BILL OF RIGHTS DELEGATES THE
AUTHORITY TO THE EMPLOYING
AGENCY TO ESTABLISH WHAT THAT
ADMINISTRATIVE APPEAL PROCEDURE
IS FOR THE STATE IT'S MOSTLY
THE STATE PERSONNEL BOARD. ON
THE LOCAL LEVEL AS YOU MIGHT
IMAGINE THE PROCESS VARIES
GREATLY. MOST HAVE SOME FORM OF
THE CIVIL SERVICE COMMISSION OR
A CIVIL SERVICE BOARD THAT
OFTEN EMPLOY HEARING OFFICERS
OR ARBITRATORS TO MAKE ADVISORY
DECISIONS SOME AGENCIES HAVE
ARBITRATION. UNDER ANOTHER
SUPREME COURT CASE SKELLY
VERSUS STATE PERSONNEL BOARD
PUBLIC EMPLOYEES HAVE A RIGHT
TO RESPOND PRIOR TO THE
IMPOSITION OF DISCIPLINE TO ANY
PROPOSED ACTION OF A FIVE DAY
SUSPENSION OR GREATER. THEY
HAVE A RIGHT TO A COPY OF THE
INVESTIGATION AT THIS POINT
BECAUSE THE INVESTIGATION IS
COMPLETE AND THEN AFTER THIS
KELLY HEARING WHICH IS REALLY
TYPICALLY A MEETING. I LIKE A
SETTLEMENT CONFERENCE THEY HAVE
A RIGHT TO AN EVIDENTIARY
HEARING THIS EVIDENTIARY OR
ADMINISTRATIVE HEARING IS
NECESSARY TO DETERMINE DISPUTED
FACTS AND RENDER LEGAL
DETERMINATIONS BASED UPON THE
FACTUAL FINDINGS. IF CHARGES
ARE SUSTAINED GREAT DEFERENCE
IS GIVEN TO THE AGENCY PENALTY
DETERMINATION AND THE FOCUS IS
ON THE HARM TO THE PUBLIC AND
THE LIKELY HAD A REOCCURRENCE
THE FINAL APPEAL IS TO SUPERIOR
COURT. I'VE HEARD COMPLAINTS
THAT IT'S NEARLY IMPOSSIBLE TO
FIRE ABOUT OFFICERS. THAT'S
SIMPLY UNTRUE BUT HOPEFULLY THE
INCREASE TRANSPARENCY ALREADY
ENACTED WILL BETTER INFORM THE
PUBLIC. SUSTAIN SERIOUS
MISCONDUCT NEARLY ALWAYS RESULT
IN TERMINATION IN FACT
PUBLISHED CASE LAW HOLDS THAT-IT'S AN ABUSE OF DISCRETION TO
REINSTATE AN OFFICER WITH
SUSTAINED. SERIOUS MISCONDUCT
IN COAL LANDER THE COURT
EXPLAINED THAT THE JOB IS A
POSITION OF TRUST AND THE
PUBLIC HAS A RIGHT TO THE
HIGHEST STANDARD OF BEHAVIOR
FROM THOSE THEY INVESTED WITH
THE POWER AND AUTHORITY OF A
LAW ENFORCEMENT OFFICER. THE
PROPER PERFORMANCE OF AN
OFFICER'S DUTY THE COURT
CONCLUDED THAT DISHONESTY IS
BEING COMPATIBLE WITH THE
PUBLIC TRUST. IN TERMS OF THE
BIGGEST OBSTACLE TO WEEDING OUT
BAD OFFICERS WE BELIEVE IT'S
THE LACK OF A DECERTIFICATION
PROCESS. TO PREVENT AN OFFICER
WHO ENGAGED IN SERIOUS
MISCONDUCT FROM OBTAINING
EMPLOYMENT AS A PEACE OFFICER
IN ANOTHER AGENCY. THIS PROBLEM
IS EXACERBATED WHEN OFFICERS
RESIGNED PRIOR TO THE
COMPLETION OF AN INVESTIGATION.
INTO SERIOUS MISCONDUCT BECAUSE
THE FORMER AGENCY WILL OFTEN
SIMPLY CLOSED THE
INVESTIGATION. WITHOUT
COMPLETING IT. WE SUPPORT A
SYSTEM WHERE AGENCIES ARE
REQUIRED TO COMPLETE
INVESTIGATIONS OF SERIOUS
MISCONDUCT REGARDLESS OF
WHETHER THE OFFICER RESIGNED
BEFORE ITS CONCLUSION. WHERE
THE AGENCY DETERMINATION AS
REPORTED THE POST TO MAKE
DETERMINATIONS REGARDING
WHETHER OR NOT CERTIFICATION
SHOULD BE REVOKED. AND AS A
MATTER OF DUE PROCESS AND
THOROUGHNESS. WE BELIEVE THAT
ANY DECISION ON DECERTIFICATION
SHOULD BE. DEFERRED UNTIL AFTER
THE ADMINISTRATIVE APPEAL IS
COMPLETED THE US POST HAS A
COMPLETE RECORD TO CONSIDER AT
THE REVO CATION STABBED AND WE
AVOID. DOUBLE JEOPARDY AND
INCONSISTENT FACTUAL AND LEGAL
DETERMINATIONS. I KNOW MY TIME
IS ABOUT UP I WILL TOO MANY
QUESTIONS DURING THE QUESTION
AND ANSWER SESSION REGARDING
THE INTERPLAY BETWEEN THE
DISCIPLINE PROCESS AND A
DECERTIFICATION THANK YOU THANK
YOU VERY MUCH MR STAGNATE WE
APPRECIATE YOUR- YOUR TESTIMONY
HERE TODAY AND ALSO
REPRESENTING PUBLIC SAFETY
UNIONS WE- THANK YOU FOR YOUR
PERSPECTIVE. NEXT WE WANT TO
MOVE. QUICKLY TO OUR NEXT-
PRESENTER AND THAT'S JAMES ARE
A TOUCHSTONE PARTNER AT JAMES
EXCUSE ME JONES AND MAYER IS
LEGAL COUNSEL FOR THE
CALIFORNIA. POLICE OFFERED
POLICE CHIEFS ASSOCIATION ARE
YOU WITH US IS A TOUCHSTONE.
YES I AM SIR. I CAN HEAR YOU
VERY WELL AND WE CAN SEE YOU
NOW SO PLEASE PROCEED YES-
SIXTY EIGHT MINUTES- TO PROVIDE
YOUR TESTIMONY. AND YOUR TIME
IS STARTING WHEN YOU SAY YES.
YES. THANK YOU YES MY NAME IS
JIM TOUCHSTONE OF BEEN
PRACTICING LAW FOR TWENTY FOUR
YEARS GENERAL COUNSEL TO THE
CALIFORNIA POLICE CHIEFS
ASSOCIATION AS WELL AS TO THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION AND CALIFORNIA
PEACE OFFICERS ASSOCIATION SO
IN THAT REGARD I KINDA HAVE A
FINGER ON THE PULSE OF SO TO
SPEAK- FOR THE STATEWIDE ON
FORCING PRACTICES AND-
CERTAINLY OPINIONS OF POLICE
MANAGEMENT- MY FIRM- WE
REPRESENT MANAGEMENT IN
DISCIPLINARY PROCEEDINGS IN
FACT- MISTER MISDIAGNOSIS MIND
MY COLLEAGUE YOU JUST HEARD
FROM- YOU KNOW I'VE BEEN ON
OPPOSITE SIDES OF THE TABLE ON.
ON SOME ISSUES AND IN VARIOUS
DIFFERENT MATTERS IN ADDITION I
DEFEND- LAW ENFORCEMENT
OFFICERS AND USE POLITICIAN
SECTION. NINETEEN EIGHTY THREE
CASES. IN FEDERAL COURT. AND
THROUGH MY- GENERAL COUNTS WORK
FOR THESE VARIOUS ASSOCIATE OF
HOW THE DISTINCT OF WAR ON SOME
THE ALLEGED ACTIONS WE WILL
DISCUSS TODAY INCLUDING SB
FORTY TWENTY ONE THE PROVIDING
MY OPINIONS AT LEAST FOR
HOPEFULLY FOR CORPORATIONS- OR
IS BILL AS FAR WHERE WE SHOULD
GO WITHOUT. IN ADDITION CAL
CHIEF SPONSOR THE SB TWO THIRTY
WHICH OF COURSE UP. FOR OTHER
MUNICIPALITIES AND THEIR POLICE
DEPARTMENTS THROUGHOUT THE
STATE OF CALIFORNIA. TO HAVE
COMPREHENSIVE USE OF FORCE
POLICIES COVERING VARIOUS
TOPICS. AND SO- THAT OF COURSE
IF A POLICY IS COMPREHENSIVE IN
NATURE PROVIDES FOR ADDITIONAL
OPPORTUNITIES FOR POLICE
ACCOUNTABILITY IF OFFICERS
VIOLATE THOSE POLICIES. NOW
UNDER SPECIFICALLY. LAW
ENFORCEMENT MANAGEMENT HAS WAS-
HER THROUGH CHIEF NUNEZ EARLIER
TODAY- IN SUPPORT OF
TRANSPARENCY THROUGHOUT THE
STATE OF CALIFORNIA. AS WELL AS
ACCOUNTABILITY AND WITHOUT
REGARD WE- WE ALSO SUPPORTED-
AB TWELVE NINETY NINE TO
DECERTIFICATION BILL SPONSORED
BY SOMEONE SALAS LAST YEAR
FOUND THAT ALSO PROVIDED. AND I
THINK I WILL DEAL WITH SOME OF
THE VARIOUS ISSUES THAT HAVE
BEEN RAISED TODAY AS FAR AS
FAILING TO COMPLETE
INVESTIGATIONS AND SO FORTH ONE
OFFICER LEAVES ONE AGENTS
INDUSTRY ANOTHER. SALAS WILL
DEAL WITH. SKEWS ME STREET
RACING. AND I'M ALSO PERSON
SUPPORT WITHOUT FACT I ADVISED
AGE AND THAT I WHICH IS NOT YES
THROUGH THE STATE. THAT THE
PROPER METHOD TO ENGAGE IN IS
TO COMPLETE INVESTIGATIONS EVEN
IF AN OFFICER RESIGNS WHILE
THOSE SPECIFIC CHARGES ARE
PENDING. AND THAT IS TO ENSURE
THAT THAT OFFICER IS NOT SIMPLY
MOVING ON TO ANOTHER AGENCY IN
GOING DOWNSTREAM AND
COMMITTING. OTHER OTHER SERIOUS
FORMS OF MISCONDUCT AND SO
FORTH. I WANTED TO KNOW FOR THE
RECORD QUITE FRANKLY THAT IF A
POLICE DEPARTMENT HAS A ROBUST
BACKGROUND INVESTIGATION.
SYSTEM WHICH MOST DO IN MY
EXPERIENCE THEN THOSE. WHEN
THOSE FORMS OF MISCONDUCT ARE
GOING TO BE DETERMINED THROUGH
THE BACKGROUND PROCESS AND
TYPICALLY THAT OFFICER IS NOT
GOING TO BE HIRED ANYWAY THAT
BEING SAID IT DOES HAPPEN IN A
MINOR VERY MINIMAL I THINK I'M
ONE OF THE ASSEMBLYMEMBER'S
MENTIONED EARLIER OF 1% 1% IT
DOES HAPPEN IN A FEW
CIRCUMSTANCES AND THEREFORE
THANK. ANPING THAT ISSUE UP BY
WAY OF A COMPREHENSIVE
STATEWIDE DECERTIFICATION BILL
WHICH REQUIRES COMPLETION OF
THOSE INVESTIGATIONS. IT'S
CERTAINLY A PROPER WAY TO GO IN
ORDER TO AMELIORATE THAT KIND
OF CONCERN. THAT IS WELL
FOUNDED AND FRANKLY NEEDS TO BE
TAKEN CARE OF. I CAN TELL YOU
THE POLICE MANAGEMENT ARE
GENERALLY SUPPORT OF THAT AS
NOTED WE SUPPORTED TWELVE
NINETY NINE OR WORKING ON
BILLS. AS WE SPEAK- THAT
HOPEFULLY WILL CLOSE THOSE
MINOR RIPPLES ARE BEING TAKEN
ADVANTAGE OF BY SOME OFFICERS.
YEAH I'M NOT TO KIND OF GO BACK
OVER THE NUTS BOLTS OF THE
DISCIPLINARY. MY COLLEAGUES
FROM STAGNANT COVERED OUT OF.
VERY THOROUGH MANNER- I DIDN'T
HAVE ANY DISTRICT WITH HIS. WAY
THAT HE DESCRIBED. BUT- I WOULD
ALSO KNOW THAT. YOU KNOW. AS
MENTIONED MY- DOES JUST MANY.
JUST MANY PROCEEDINGS ON BEHALF
OF. AND SPECIFICALLY WE PROCESS
LITTLE HUNDRED OF LOS OF
ACTIONS OVER THE LAST TWENTY
YEARS SAID MANY OF WHICH HAVE
RESULTED IN TERMINATION OF
OFFICERS. FROM FAT HAVE
SUSTAINED COMPLAINTS OF
MISCONDUCT AND SPECIFICALLY WE
HAVE A SUCCESS RATE OF ABOUT
85290% OF THOSE TYPES OF
PROCEEDINGS SO. I DON'T REALLY
SEE A HUGE OBSTACLE TO
DISCIPLINE OFFICERS FRANKLY I
THINK THAT THERE'S BEEN SOME
COMMENTARY THAT THAT IS NOT IN
FACT HAPPENING ON A REGULAR
BASIS I WILL TELL YOU THAT'S TO
THE CONTRARY OF MY EXPERIENCE
IN PRACTICING LAW FOR TWENTY
FOUR YEARS AND WHAT THE
STATISTICS THAT I JUST
MENTIONED TO YOU SO. THAT BEING
SAID OF COURSE ARE ALWAYS OF
ROOM FOR IMPROVEMENT AND THE
DECERTIFICATION BILL WAS ONE I
THANK US CERTAINLY FOURTEEN
TWENTY ONE ACCOUNT YOU SUPPORT
THAT AS WELL AS ON THE
TRANSPARENCY ISSUE TO-
CERTAINLY- I THINK THE VICE
PUBLIC OF WHAT WE'RE DOING WITH
RESPECT TO SERVICE- TYPES
MISCONDUCT SO THAT THEY ARE
WELL INFORMED. AND CAN HAVE
SOME CONFIDENCE THAT WE ARE
ENGAGING IN ROBUST
INVESTIGATIONS AND TAKING
APPROPRIATE DISCIPLINARY
ACTION. AND UP SPECIFICALLY
OVER THERE ARE THINGS THAT I
THINK THAT WE CAN IMPROVE ON
WELL ONE THING I WOULD LIKE TO
SEE IMPROVED UPON. CLOSE WAS I
THINK INADVERTENTLY CREATED BY
SB FOURTEEN TWENTY ONE IT IS A
CODE SECTION EIGHT THIRTY TWO
POINT SEVEN SUBDIVISION SEVEN
SEAT WHICH UNFORTUNATELY I
THINK- IT ALLOWS. FOR THE
SCHOOL. OF ADMINISTRATOR- THEN
WE HUNDRED DAYS SO ON ONE ONE
ITS- EIGHT PEACE OFFICER WHO IS
THE- OF AN INTERN AFFAIRS.
COULD GO TO ROCK A COPY OF THE
INVESTIGATION UP UNTIL THAT
POINT AS IT MAY HAVE BEEN
ESTABLISHED. YEAH THAT OF
COURSE I THINK WE CONTRADICTS A
SOUND PUBLIC POLICY. BECAUSE OF
THE OFFICER IS MISTER STAGNANT
INDICATED TYPICALLY INTERVIEWED
LAST. AND CERTAINLY DURING THE
PROCESS OF THE INVESTIGATION
YOU DON'T SHOW YOUR HAND TO THE
OTHER SIDE. OF THE INSULAR
CONCLUSION OF IT THAT'S JUST
BASICS ON INVESTIGATIVE.
PROCESS SEES AND THAT HAS BEEN
ON A KIND OF COMPLAINT OKAY DID
IN THE LAW THROUGH THE
CALIFORNIA SUPREME COURT
DECISIONS. PASADENA POLICE
OFFICERS ASSOCIATION VERSUS THE
CITY OF PASADENA. WHICH WAS
HANDED DOWN IN NINETEEN NINETY-
I WOULD ALSO LIKE TO SEE THE
FURTHER PROLIFERATION OF BODY
WORN CAMERAS. I RECOMMEND MY
CLIENTS. ENGAGING IN RANDOM
AUDIT. THE BOTTOM CAMERA
FOOTAGE OF. TO ENSURE THAT
THEY'RE ALSO ARE COMES WITH.
POLICY AND ALSO COULD WITH LONG.
BEYOND OUR I WOULD LIKE TO SEE
INCREASE FUNDING FOR THAT
FRANKLY MMHM I WOULD ALSO LIKE
TO SEE FURTHER PROLIFERATION OF
INTERNAL AFFAIRS TRACKING
PROGRAMS AS IT PROWER BOOTY.
AND SPECIFICALLY- FUNDING FOR
THAT B. I THINK HELPFUL AND- I
MUST RESPECTFULLY DISAGREE
WITH- JEAN SHEMENSKI. I IS FOR
IS APPROACHING POLICE
ACCOUNTABILITY I DON'T THINK
THAT INCREASING CIVIL LIABILITY
IS THAT WE HAVE TO DO THAT I
THINK THAT THE BETTER WAY OF
HANDLING THAT QUITE FRANKLY IS
INCREASED FUNDING FOR TRAININGS.
FOR POST- THE LEGISLATURE'S.
TAKE INCOME ARE RELY SEVERAL
AND SO WOULD LIKE TO SEE AN
INCREASE. FUNDING EVEN MORE SO-
PORTRAY SUCH AS USE OF FORCE
TRAINING IMPLICIT BIAS SO THAT
OFFICERS CAN BE AWARE OF THOSE
SUBJECTS ON A MORE REGULAR
BASIS. AND THEREFORE KEEP IT IN
THEIR MINDS UP AS ARE GOING OUT
AND ENGAGING AND- THE PROVISION
OF LAW ENFORCEMENT SERVICES- OF
CIVIL LIABILITY YOU'RE TAKING
MONEY FROM THE- MANY. PLACE
AGAIN INTO THE HANDS OF THE FEW
OF THE CIVIL PLAINTIFF I WOULD
RATHER SEE MONEY TAKEN FROM THE
HANDS OF THE MANY IN PLACE TO
ENSURE THE MANY. I. E. FUNDS TO
LAW ENFORCEMENT AGENCIES THAT
THEY CAN ENGAGE IN ROBUST
TRAINING- ANSWERS THROUGH THOSE
PROGRAMS THAT I INDICATED TO
IDENTIFY OFFICERS. YOU MAY BE
PROBLEMATIC VERY EARLY ON SO
THAT YOU CAN TAKE CORRECTIVE
ACTION WHETHER THAT BE
DISCIPLINARY ACTION AND-
TERMINATION. OR JUST TO
DETERMINE WHETHER OR NOT THAT
OFFICERS IN THE STATE OF
PERSONAL TURMOIL SUCH THERE'S
SOME TYPE OF INTERVENTION MIGHT
BE NECESSARY. POLICE OFFICERS
ARE HUMAN BEINGS AS WELL AND
SOMETIMES IT MAY BE IN A
SITUATION WHERE THEY SIMPLY
NEED SOME COUNSELING OR COURSE
CORRECTION. SO THAT THEIR
PERSONAL LIVES DO NOT PROPERLY
CONVEYED UPON YOUR COMPLETION
OF THEIR PROFESSIONAL SERVICES
THAT WE. ALL TRUST THEM TO
ENGAGE IN. SO WITHOUT I HAVE
PLENTY TO SAY ON MY TIME IS
LIMITED I I'M HAPPY TO ANSWER
QUESTIONS. YES THIS- I WOULD- I.
IF YOU WERE LIKE SOME ADDITION
TIME TO. MAYBE TALK THE OTHER
OF THE EQUATION. I THINK I
WOULDN'T KNOW I'M HERE TODAY TO
TALK ABOUT THE DEMAND SIDE FOR
POLICE ACCOUNTABILITY. BUT ALSO
TO- LIKE TO TALK ABOUT THE
SUPPLY SIDE OF THE EQUATION. HI
THE EFFORTS THAT I THINK THE
LEGISLATURE CAN TAKE THAT WOULD
ENSURE THAT. OFFICERS ARE NOT
PLACED IN A POSITION. WHERE
THEY MADE INAPPROPRIATE ACTION.
I HAVE SOME IDEAS. ON THAT AS
FAR. LISTEN SOUNDS GOOD THANK
YOU SO MUCH MISTER. WE YOUR
YOUR PERSPECTIVE YOUR
EXPERTISE- IN THIS MATTER- I
THINK THERE WILL BE
OPPORTUNITIES MAYBE YOU IF YOU
CAN- DEPENDING ON HOW MUCH TIME
WE HAVE. YOU MAY WANT TO SUBMIT
THAT TO US- AND WE'LL MAKE SURE
THAT EACH SELECT COMMITTEE
MEMBER GET COPIES OF THAT- AND
OR YOU MAY WANT INCORPORATED IN
A CAR AND IN A RESPONSE TO. I
MEMBERS QUESTIONED THAT THEY
MAY ASK OF YOU DURING THE Q.
AND A PORTION. OF A WICKED
THANK YOU VERY MUCH FOR BEING
HERE WITH US IF YOU CAN STAY
ON- UNTIL WE GET TO THE Q. AN
ACE- PORTION- SURE MEMBERS WE
HAVE QUESTIONS FOR YOU DIRECTED
TOWARD. TO YOU. NEXT UP I WANT
TO HAVE MISTER JEFFREY S.
SHELDON- MISTER SHELDON
REPRESENTS HE'S THE CHAIR OF
THE- PUBLIC SAFETY PRACTICE
GROUP- AND WITH VERY GRATEFUL
FOR MRS SHELDON BEING WITH US.
ON TODAY. SO MR SHELDON ARE YOU
WITH US. I YES I WOULD YOU CAN
YOU ME WE CAN HEAR YOU. VERY
WELL WE'RE GOING TO SEE AN
THERE YOU GO- YOU HAVE OF SIX
TO EIGHT MINUTES- WE LOVE
FUTURE INCORPORATE YOUR
INTRODUCTION INTO THAT SIX TO
EIGHT MINUTES AND WHEN YOU ARE
READY. PLEASE PROCEED. I AM
READY OKAY- I COME TO YOU I'M A
IS AS INDICATED I'M A PARTNER
WITH THE BURKE CASSIDY
WHITMORE- I AM LIKE MISTER
SINISTER TOUCH TONE I
REPRESENT. FROM MANAGEMENT OR
PUBLIC SECTOR EMPLOYERS. AND IN
PARTICULAR WITH LAW ENFORCEMENT
AND- ALL RIGHT I GO AGAINST OF
FOLKS LIKE MR MISDIAGNOSIS
WELL- SO HE'S ON THE UNION SIDE
OF THINGS AND WHAT I'M ON
MANAGEMENT SIDE OF THINGS-
LEADER CASSIDY THE FIRM I WORK
FOR HAS BEEN REPRESENTING
PUBLIC SECTOR EMPLOYERS SINCE
NINETEEN EIGHTY AND THAT IS
REALLY OUR FOCUS. AS YOU
INDICATED I'M THE CHAIR OF OUR
PUBLIC SAFETY PRACTICE GROUP
I'M ALSO ONE OF THE FIRM'S
LITIGATORS AND I'VE- HANDLED A
LOT OF POLICE WITH ADDITION
EMPLOYMENT LITIGATION IN
PARTICULAR REGARDING POLICE
OFFICERS. ONE HUNDRED BASIS I
PROVIDED AND COUNSEL TO LAW
ENFORCEMENT ADMINISTRATORS ON.
A WHOLE HOST OF ASPECTS AND
INVOLVING LABOR EMPLOYMENT LAW
BUT IN PARTICULAR ON POLICE
DISCIPLINE. MY CLIENTS ARE
LARGE AND SMALL POLICE
DEPARTMENTS AND PUBLIC SAFETY
DEPARTMENTS FROM AGENCIES LIKE
THE LOS ANGELES COUNTY
SHERIFF'S DEPARTMENT. TO
SMALLER AGENCIES WITH TWENTY
FIFTEEN OFFICERS EVEN. SO I'LL
SEE THESE ISSUES FROM A VARIETY
OF DIFFERENT PERSPECTIVES. ON
MY INVOLVEMENT IN THESE MATTERS
LIKE MUCH MR TOUCHED ON MISTER
STATNY AYE I SEE THESE THINGS
ON A DAY TO DAY BASIS AND
REALLY FROM CRADLE TO GRAVE. OF
FROM ONE THE COMPLAINT COMES IN
TO THE INVESTIGATION- TO THESE
WHAT WE CALL THE SCALING
PROCESS THE NOTICE OF INTENT TO
DISCIPLINE A SCALY A FINAL
NOTICE OF DISCIPLINE THE
ADMINISTRATIVE APPEAL AND THEN
THE POST APPEAL LITIGATION THAT
OFTENTIMES FOLLOWS. I'M
INVOLVED IN ALL OF THAT- AND
CAN SPEAK TO YOU REALLY FROM
THE FRONT LINES OF THAT UP.
TODAY I I'VE LISTENED. THREE
FINDLAY ARE THINGS FUNDS ALL
DAY TODAY AND- WE'RE TALKING
ABOUT THE LOOPHOLE FORD'S. UP
AT SEA SOME OF LITTLE FOR. TO
ENTER I CAN OFFER YOU SOME AT
LEAST OF MY EXPERIENCES IN
DEALING WITH SOME OF THOSE
THINGS- I'VE HEARD TODAY A LOT
ABOUT DUE PROCESS. VERY
IMPORTANT CONCEPT- WHAT ARE THE
OBSTACLES- AS THE- THE REASON
WHY WE'RE HERE TODAY IS DISCUSS
THE OBSTACLES IN HOLDING POLICE
ACCOUNTABLE ONE OF THE
OBSTACLES IS DUE PROCESS IN
ITSELF I THINK THAT NEEDS TO BE
RECOGNIZED ON ADD AS INDICATED
PREVIOUSLY THAT COMES FROM THE
CONSTITUTION. OUR OFFICERS WHEN
THEY COME TO WORK FOR
GOVERNMENT EMPLOYER THEY THEY
STILL ENJOY CONSTITUTIONAL
RIGHTS. AND THAT INCLUDES.
ANYBODY ON THIS COMMITTEE OR IN
THE LEGISLATURE IS INTERESTED
IN REMOVING DUE PROCESS BUT
THAT IS AN OBSTACLE- AND THAT
IMPACTS THE DISCIPLINE THAT
POLICE MANAGERS- IN THE
DECISIONS THAT THEY MAKE AT
SOME LEVEL BECAUSE IT'S A- TIME
CONSUMING. AND COSTLY PROCESS.
IT DOESN'T MEAN IT SHOULD BE
DONE BUT THAT JUST HAS TO BE
RECOGNIZED A THANK AS- A
FACTOR- WHEN ANALYZING THIS
QUESTION. ANOTHER OBSTACLE AS I
SEE IT- OUR COLLECTIVE
BARGAINING RIGHTS ARE AT SOME
LEVEL ON THAT AND AGAIN I'M NOT
SUGGESTING THERE A BAD THING OR
SHOULD BE DONE AWAY WITH BUT-
THEY DO SLOW DOWN THE PROCESS
OF ATTEMPTS TO HOLD OFFICERS
ACCOUNTABLE- CHANGES IN
POLICIES AND PROCEDURES. HAVE
TO BE NEGOTIATED WITH OUR
PUBLIC SAFETY UNIONS AND THINGS
SUCH AS- YOU KNOW THERE'S A
PUBLISHED CASE FOR EXAMPLE. OF
DEALING WITH THE LOS ANGELES
COUNTY SHERIFF'S UNION. WHERE
OF THE- APARTMENT WANTED TO
CHANGE THE POLICY AND PROHIBIT
OFFICERS AFTER AN OFFICER
INVOLVED SHOOTING FROM HUDDLING
TOGETHER WITH ONE ATTORNEY
BEFORE THEY ARE ALL INTERVIEWED
BY HOMICIDE INVESTIGATORS. OR
INTERNAL WAS INVEST- THE UNIONS
THAT. BUILT TO ME. THE END. OF.
THEY DON'T SLOW DOWN THE.
NUMBER OF HURDLES AND THAT
MAKES SO I JUST THINK THERE
SHOULD BE SOME RED OF THE
COMMITTEE THAT SOME OF THE
OBSTACLES ARE BEING AT THAT
THAT PLACE OF MENTORS- THERE'S
FACE HERE ARE JUST RIGHT THAT
THE THAT ALL PUBLIC EMPLOYEES
IN THE STATE OF CALIFORNIA
ENJOY BECAUSE OF LAWS THAT ARE
APPLICABLE TO. ALL OF THEM NOT
JUST POLICE. NOW WITH RESPECT
TO POLICE- IN SOME OF THE
LOOPHOLES- THAT- THAT THAT I'VE
SEEN- THAT CAN IMPACT THE
POLICE ADMINISTRATORS ABILITY
TO TAKE DISCIPLINE OR THE OF
BIGGER AND WHICH THEY DO SO-
COME IN THE PEACE OFFICERS BILL
OF RIGHTS ACT- ONE EXAMPLE
WOULD BE- THE REMEDY PROVISION
THAT'S GOVERNMENT CODE SECTION
THREE THREE OH NINE POINT FIVE.
ONE OF THE REMEDIES FOR
VIOLATION OF THE- P. O. B. R.
IS SUPPRESSION OF EVIDENCE AND-
WELL THAT WOULD MAKE SENSE TO
ME WHEN THERE IS AN INTENTIONAL
OR- I'M AT AN AGENCY THAT'S
WITH MALICE. TO HAVE SOMEONE AN
OFFICER'S ADMISSION THAT THEY
DID SOMETHING WRONG THROWN OUT
BECAUSE AN INVESTIGATOR MADE A
MINOR MISTAKE OR NEGLIGENCE
MISTAKE SEEMS DRACONIAN TO ME
AND THAT'S SOMETHING THAT THE
COMMITTEE MAY WANT TO TAKE. A
LOOK AT ANOTHER ISSUE WAS
MENTIONED EARLIER THE STATUE
LIMITATIONS CONTAINED IN THE
PEACE OFFICERS BILL OF RIGHTS
ACT OF THERE IS A ONE YEAR
STATURE LIMITATIONS AND THAT-
BELIEVE IT OR NOT SME OF THESE
INVESTIGATIONS CAN TAKE MORE
THAN A YEAR AND SO. THAT IS ONE
THING THAT YOU MAY WANT TO LOOK
AT IT ONE YEAR IS KIND OF AN
ARTIFICIAL NUMBER- AT LEAST
TAKING A LOOK AT THAT IS THAT
GOOD PUBLIC POLICY SHOULD THERE
BE MORE EXCEPTIONS TO THE ONE
YEAR STATUTE LIMITATIONS THAT
IS SOMETHING THAT I THINK
PERHAPS OF THE COMMITTEE MIGHT
WANT TO TAKE A LOOK AT-
ANOTHER. OBSTACLE IF YOU WILL
AND HOLDING OFFICERS
ACCOUNTABLE. IN THE P. O. B. R.
IS THE LEVEL AND- L. DISCIPLINE
IN WHICH AN OFFICER IS ENTITLED
TO AN ADMINISTRATIVE APPEAL.
AND THESE ADMINISTRATIVE
APPEALS THEY CAN BE TIME
CONSUMING AND EXPENSIVE- BUT
FOR EXAMPLE THE CONSTITUTION
ONLY REQUIRES AN APPEAL FOR
SUSPENSION OF FIVE DAYS OR LESS.
HE'LL BE AREN'T REQUIRES AN
APPEAL WHEN THERE'S A WRITTEN
REPRIMAND. AND BECAUSE OF
PROGRESSIVE DISCIPLINE
PRINCIPLES THERE'S KIND OF A
DISINCENTIVE THEREFORE SOME
AGENCIES THE RICHER WRITTEN
REPRIMAND FOR EXAMPLE- BECAUSE-
THEY HAVE TO GO THROUGH AN
APPEAL AND- I'VE HAD PERSONALLY
HAVE HAD CASES WERE WRITTEN
REPRIMAND HAS RESULTED IN A
THREE DAY. APPEAL ON. ANOTHER
POTENTIAL OF SAYING THAT THE
COMMITTEE MAY WANT TO TAKE A
LOOK AT WITH RESPECT TO THE PO
BR- IS THERE IS A CASE CALLED
LABIO- AND REALLY DEALS WITH
THE SUPERVISOR QUESTIONING AN
EMPLOYEE BEFORE THERE'S AN
OFFICIAL INVESTIGATION AND
AGAIN THE DRACONIAN REMEDY OF
SUPPRESSION OF EVIDENCE OF THAT
IS A SURGEON THAT- I THINK
SHOULD BE REVISITED AT SOME
POINT BY THE LEGISLATURE.
ANOTHER OF POINT IN THE POTR
WOULD BE A GOVERNMENT CODE
SECTION THIRTY THREE B. O. G.
THERE'S A STATEMENT EARLIER
ABILITY WAS BY MR STAGNATING
INDICATED THAT OFFICERS DO NOT
GET A RIGHT TO. THE MATERIALS
OF THAT THE INVESTIGATORS HAVE
AS THEY'RE PUTTING IT TOGETHER-
BEFORE THE BEFORE THEY'RE
INTERROGATED. AND THAT ONE
THAT'S GENERALLY TRUE- BUT
THERE IS A PROVISION AND THE
SANTA ANA- PEACE OFFICERS
ASSOCIATION CASE INTERPRETED
THE LAW THIS WAY THAT IF THERE
IS TO BE A SECOND INTERROGATION
OF THE OFFICER. I'VE BEEN THERE
ARE POTENTIALLY ENTITLED TO
WHATEVER THE INVESTIGATOR HAS
IN THEIR RECORDS. OTHER WITNESS
STATEMENTS AND EVIDENCE
COLLECTED AND THINGS OF THAT
NATURE AND THAT IS JUST. IN MY
VIEW NOT A SOUND
INVESTORSOBSERVER'S ON THING
THAT. I DON'T THINK THE
LEGISLATURE INTENDED WHEN THEY
ENACTED THIRTY THREE OH THREE
G. BUT IT'S SOMETHING YOU MIGHT
WANT TO LOOK AT AS WELL- AND-
THOSE ARE JUST SOME OF THE
IDEAS WITH RESPECT TO THE PO
BR. THAT I THINK THAT THE
COMMITTEE WANTS TO TAKE A LOOK
AT. ALL OR MAY WANT TO TAKE A
LOOK AT. I WOULD AND LASTLY
WOULD BE. THERE WAS DISCUSSION
ABOUT THE TRANSPARENCY ANGLE AS
FAR AS- HELP KHOBAR PROHIBITING
TRANSPARENCY IN SOME RESPECTS
AND I THINK. REALLY THE
STATUTES THAT REALLY FOR TWO
TRANSPARENCY ARE WHAT WE CALL
THE PITCHES STATUTES. OF THE
PEOPLE EIGHT THIRTY TWO POINT
SEVEN AND PARTICULAR EVIDENCE
CODE SECTION TEN FORTY THREE.
THOSE ARE THE ONES THAT DO-
REQUIRE I JUST MOTIONS TO. FOR
TRANSPARENCY OF MOST RECORDS-
UP UNTIL FOURTEEN TWENTY ONE
INTO A- THANK YOU ARE. I'D BE
HAPPY TO ANSWER QUESTIONS THANK
YOU VERY VERY MUCH WE
APPRECIATE IT MISTER SHELDON-
IF YOU CAN JUST STAND BY- THE
COMMITTEE MAY HAVE QUESTIONS
FOR YOU FROM ALMOST SURE WE
WILL AND WE'RE GONNA GO TO OUR
NEXT PANELIST. NEXT WE WILL
HAVE A DEBORAH MERECE UM WHICH
IS A- LAW PROFESSOR AT THE-
NORTHERN EASTERN OR
NORTHEASTERN UNIVERSITY- MISS
REMEMBERS ARE YOU WITH US. YES
THANK YOU VERY VERY MUCH FOR
JOINING THE THIS COMMITTEE
LENDING YOUR VOICE IN THIS
CONVERSATION YOU HAVE UP TO SIX
TO EIGHT MINUTES- PLEASE
INCORPORATE IF YOU WOULD- YOUR-
SARGE'S ONE. OUT MR MAHER'S
ECU'S PLEASE HOLD ONE MOMENT I
JUST SKIPPED OVER- MISTER
POINTER WHO'S HERE IN THE
AUDIENCE- SO MR DANTE. GOING TO
WOULD YOU PLEASE COME UP AND
TAKE A SEAT AT THE TABLE AND I
APOLOGIZE MISS MORE- ROMERO'S.
ARE WE'LL GET RIGHT BACK WITH
YOU IN A FEW MOMENTS I'M NOT
THE TABLE. CUP AT THE TABLE YES
AT THE TABLE HE'S A PROPER
PRESENTER. THANK YOU VERY MUCH-
IF YOU CAN TAKE UP TO SIX TO
EIGHT MINUTES AND- INCORPORATES
YOUR INTRODUCTION OF YOURSELF
INTO THIS DISCUSSION WE
CERTAINLY APPRECIATE IT
RECOGNIZE YOUR CIVIL RIGHTS
ATTORNEY AND AGAIN THANK YOU
VERY MUCH FOR APPEAR BEFORE
THIS COMMITTEE. AND YOU MAY
PROCEED WHEN READY. THANK YOU-
CHAIRMAN. THIS COMMITTEE IT IS
WITH GREAT HONOR RESPECT. AND
ANTICIPATION THAT I TESTIFY
HERE TODAY BEFORE THE SUSTAIN-
COMMITTEE. AND IT IS ALSO WITH
JUSTICE A SIGNIFICANT AMOUNT OF
RESOLUTION AND DETERMINATION
THAT I COME TO ADDRESS THIS
COMMITTEE AND THIS ALL TOO
IMPORTANT TOPIC THE POLICE
REFORM AND HOLDING POLICE
ACCOUNTABLE. IN A WAY IN WHICH
THAT WE CAN SOLVE THIS ISSUE.
THAT IS JUST AS AMERICAN AS
APPLE PIE. AND IS THIS IS AS IS
AS INSIDIOUS AS A CULVERT
NINETEEN PANDEMIC. AND IS JUST
AS DIVISIVE AS ANY ISSUE THAT
WE HAVE EVER FACED IN OUR GREAT
STATE OF CALIFORNIA IN IN THE
COUNTRY AS A WHOLE BECAUSE THE
ISSUE IS ROOTED. IN THINGS THAT
HAVE BEEN LONG HELD. DIVISIVE
FOR OUR COUNTRY. ROOTED IN
THINGS SUCH AS RACISM BIAS.
PREJUDICE AND AFFORDING TWO
SYSTEMS OF LAW WHERE POLICE
OFFICERS ARE FAR TOO OFTEN NOT
HELD ACCOUNTABLE MUCH OF THIS
IS DUE TO A PATCHWORK OF LAWS
AND BENEFITS THAT POLICE
OFFICERS ENJOY THAT AVERAGE
CITIZENS DO NOT. SOME OF IT IS
ALSO DUE IN PART TO THE CULTURE
OF POLICING WHICH EMBRACES A
CODE OF SILENCE WHICH TO THE
PUBLIC IS TOLD AS DO NOT ENGAGE
OR- PARTICIPATE IN THE WHOLE DO
NOT **** BUT THAT IS THEN
TRANSFERRED TO A CODE OF
SILENCE. OR THE THIN BLUE LINE.
OR IT'S ALSO LITTLE OF DUE TO
THE PATCHWORK OF LAWS WHICH
ALLOW. POLICE OFFICERS. TO
ENJOY A REVOLVING DOOR OF SUCH
WHERE THEY COULD AVOID
DISCIPLINE TERMINATION FOR
THEIR MISDEEDS AND MISCONDUCT.
IT BECOME HIRED AT ANOTHER
JURISDICTION WITH THE PUBLIC
NOT KNOWING. ABOUT THEIR PAST
MISDEEDS. I LIKE IN THAT IT CAN
TO THE CATHOLIC PRIEST CATTLE
WHERE. SKINNERS WHO WERE ABUSED
AT ONE PARISH. HAVE A PRIEST
REMOVED AND THAT PRIEST IS THEN
ALLOWED TO CONTINUE THEIR
ASSAULT OF AN ABUSIVE CONDUCT
IN ANOTHER PARISH WITH THOSE
PARISHIONERS ON BEGUN BEEN ELSE
THOSE PARISHIONERS. THESE ARE
THE TYPE OF THINGS A MUSTACHE.
AND THERE ARE DIFFERENT WAYS TO
HANDLE THIS HOWEVER WE MUST
FOCUS ON A COMPREHENSIVE SET OF
RULES. REFORMS AND SOME IN THE
POLITICAL WILL. M. MORAL
CONVICTIONS OF THOSE WHO WE
TRUST TO DO THE PUBLIC'S
BUSINESS IN ORDER TO MAKE THIS
PROBLEM GO AWAY. WE MUST HAVE
DISTRIBUTARIES WERE WILLING TO
PROSECUTE COPS WHO OFFEND THE
COMMUNITIES. STANDARDS AND
MORALS WHO VIOLATE THE
COMMUNITY TRUST WE MUST HAVE
CHIEFS WHO ARE WILLING TO
ENFORCE DISCIPLINE AGAINST
THOSE OFFICERS WHO VIOLATE
THEIR TRAINING AND THE LAW. AND
FINALLY WE MUST HAVE
LEGISLATURE SUCH AS YOURSELF
THAT ARE WILLING TO ENGAGE IN
HAVE OPEN DISCUSSIONS AND
DIALOGUE ABOUT THESE ISSUES
WELCOME THE PUBLIC INPUT BUT
ALSO RELY UPON THOSE
PROFESSIONALS WHO ARE JUST AS
COMMITTED. TO RESOLVING THIS
ISSUE. MY NAME IS A DANTE
POINTER. I STAND BEFORE YOU
TODAY IS A LIFELONG RESIDENT OF
CALIFORNIA A FIFTEEN MINUTE
YEAR MEMBER OF THE BAR THE UC
BERKELEY GRADUATE AND A
GRADUATE OF THE UC HASTINGS
COLLEGE OF THE LAW I'M A
PLAINTIFF'S LAWYER WHO HAS
REPRESENTED POLICE VICTIMS
THROUGHOUT THE STATE OF
CALIFORNIA. MANY OF THOSE CASES
HAVE MADE THE HEADLINES BEFORE
TOO MANY HAVE NOT. SOME OF
THOSE CASES HAVE EVEN MADE IT
INTO THE MOVIES BUT ONCE AGAIN
MANY OF THOSE VICTIMS HAVE NOT
EVEN RECEIVED A SINGLE PIECE OF
PAINT IN A NEWSPAPER
ACKNOWLEDGING THEIR DEATH. IN
EVEN MORE WORSE IS THAT MANY OF
THOSE VICTIMS OF POLICE ABUSE
HAVE HAD THEIR FAMILIES HAVE
HAD TO READ. THE STORIES. THE
LIES IN THE MISDIRECTION OF
THOSE PERSONS WHO TOOK THEIR
LIFE. I ALSO STAND BEFORE YOU
OBVIOUSLY AS A BLACK MAN A
FATHER A BROTHER A CONCERNED
CITIZEN AND A RESIDENT WHO HAS
HIMSELF. BEEN ABUSED BY POLICE
OFFICERS MOST RECENTLY DURING A
TRAFFIC STOP THE DAY AFTER
CHRISTMAS JUST A FEW YEARS
BACK. EVEN THOUGH I WAS A
MEMBER OF THE BAR. ENJOY THE
PRIVILEGES AND BENEFITS OF
BEING A WELL KNOWN PERSON IN MY
COMMUNITY IN A DEFENDER OF THE
PUBLIC JUSTICE. NONE OF THAT
MATTERED WHEN I WAS ON THE SIDE
OF THE ROAD. STARING DOWN THE
BARREL OF A GUN UNFORTUNATELY
MY STORY. IS NOT ONE THAT IS
UNCOMMON IN FACT IT'S FREQUENT.
AND ALL I WAS LEFT WITH AFTER
THE END OF THAT THE COUNTER
WHERE I WAS PUSH WITHIN JUST A
MILLISECOND. OF MY LIFE FACING
A LIFE AND DEATH DECISION WITH
SOMEONE YELLING AT ME
CONFLICTING DECISIONS. WITH NO
ONE TO TURN TO. ALL I WAS LEFT
WITH WAS MY FEELINGS. AND THERE
WAS REALLY NO WAY TO DEAL WITH
THAT IN THAT MOMENT. IN THOSE
OFFICERS CONTINUE TO POLICE MY
COMMUNITY. AND MAY
UNFORTUNATELY CONTINUE TO
INFLICT THAT SAME INJUSTICE ON
OTHERS. THIS THESE ARE THE TYPE
OF THINGS AND TRANSGRESSIONS
THAT WE MUST ROOT OUT IF WE ARE
TRULY COMMITTED TO HAVING A
SOCIETY THAT LIVES UP TO THE
IDEALS THAT WE ALL SUBSCRIBE TO
EQUALITY AND JUSTICE UNDER THE
LAW. IN MY PRACTICE OF BEING A
CIVIL RIGHTS ATTORNEY. I HAVE
DEFENDED. AND PROSECUTED-
VINDICATED THE RIGHTS OF PEOPLE
NOT JUST IN MY LOCAL COMMUNITY
OF THE SAM'S CLUB AREA BUT
THROUGHOUT THE STATE. ALTHOUGH
IN TODAY'S ENVIRONMENT WE POINT
WE DON'T HAVE TO GO THAT FAR.
WE LIVE RIGHT HERE IN
SACRAMENTO LOOKING AT THE
SHOOTING DEATH OF GERMS
SOUTHERN. THE CHURCH THE NINETY
KANE WHO WAS SHELLED FOR
SUPPOSEDLY TRESPASSING. YOU CAN
EVEN LOOK TO THE CITY VALLEJO
JUST DOWN THE ROAD. WHICH HAS
ENJOYED NATIONAL ATTENTION FOR
THE HIGHEST RATE OF THE USE OF
DEADLY FORCE. BY A SMALL GROUP
OF OFFICERS WHO HAVE BEEN
DUBBED THE FATAL FOURTEEN.
BADGE BENDING AND CELEBRATING
THE DEATH AND DESTRUCTION OF
COMMUNITY MEMBERS AND PAYING
MULTI MILLION DOLLAR SETTLEMENT
SQUANDERING AWAY THE TAX MONEY
IN THE BUDGETS OF THAT CITY.
YOU CAN EVEN LEAD TO SAN
FRANCISCO. I UNDERSTAND BEFORE
ME MISTER PAUL HENDERSON
TESTIFIED WHO IS THE CHAIR THE
HEAD OF THE DEPARTMENT OF
POLICE ACCOUNTABILITY. PRIOR TO
HAVE TAKEN OFFICE. SAN
FRANCISCO WAS FRANKLY OUT OF
CONTROL WE HAVE THE SHOOTING
DEATH OF MARIO WOODS WHICH
SPARKED THE KNEELING OF CALLING
CAPPER NICK GOT GORE PAT WHO
WAS ALSO KILLED IN WHOSE
OFFICER ESCAPED ANY DISCIPLINE.
BY RESIGNING BEFORE TO SAY
TRANSFERRING BEFORE ANY
DISCIPLINE WAS IMPOSED AGAINST
HIM TO THE CITY OF ANTIOCH.
THESE ARE THE TYPE OF EXAMPLES
OF INJUSTICE THAT WE WHO STAND
ON THE RIGHT SIDE ADDRESSES
CANNOT STAND SILENT OR SIT ON
OUR HANDS. I AM HOPEFUL YET
STILL THAT THIS CHAMBER. THAT
THIS COMMITTEE AND THAT ALL THE
MEMBERS WHO CLEAR WHO DECLARE
THEMSELVES TO BE A FRIEND OF
PEACE A FRIEND OF JUSTICE. AND
REPRESENTATIVES OF THE
COMMUNITY. WELL ONCE AGAIN DO
THE BACK BREAKING WORK OF
FORCING OUR POLICING TO BE.
MODERNIZED CONSTITUTIONAL. IT
UP HOLD THE LAW FOR EVERYONE
THAT IT SHOULD. IT SHOULD HAVE
THAT POLICE OFFICERS SHOULD
HAVE THE SAME ACCOUNTABILITY WE
ALSO STRIVE IN A BY TWO WHETHER
YOU'RE A MEMBER OF THE STAINED
BODY WHETHER YOU'RE A MEMBER OF
THE STATE BAR WITH YOUR DOCTOR
TO THE MEDICAL BOARD OR REST OF
ONE OWNER WHO SUBJECTS THE
MANDATES OF THE STATE AND
COUNTY HEALTH DEPARTMENTS.
CALIFORNIA IS A LEADER
CALIFORNIA IS A BEACON OF
DEMOCRACY IN EQUITY BUT WE MUST
LIVE UP TO THAT. ENDEAVOR TO DO
THAT WE HAVE TO DO THE WORK
THERE'S A FEW DIFFERENT THINGS
I'M GONNA TOUCH ON VERY BRIEFLY
THAT I THINK WOULD GO A LONG
WAY TO HELPING US REALIZE THE
DREAM. ONE OF WHICH IS LOOKING
AT THE LAWSUIT ACTUALLY- WE'RE
ALLOWED TO USE TO ENFORCE. THE
JUSTICE AND THE RIGHTS OF
OTHERS ONE OF WHICH IS THE BANE
ACT. I UNDERSTAND THAT THIS
BODY HAS LOOKED AT AND WORKED
AND THERE'S BEEN PROPOSALS AS
IT RELATES TO HOW TO STRENGTHEN
THE PAIN ACT AS YOU ALL KNOW
THE BAN ACT IS CALIFORNIANS
EQUIVALENT TO THE FEDERAL LAW.
THE FORTY TWO USC NINETEEN
EIGHTY THREE WHICH ESSENTIALLY
ALLOWS PEOPLE SUCH AS MYSELF AS
AN ATTORNEY TO REPRESENT PEOPLE
TO GET THEM JUSTICE WHEN THEY
HAVE BEEN VIOLATED BY THE
POLICE. OVER THE LAST SEVERAL
YEARS THE BAND ACTORS BEEN
WEAKENED BY WAY OF JUDICIAL
CREATION OF DIFFERENT
RESTRICTIONS THAT ARE NOT EVEN
INCLUDED IN THE LEGISLATION.
THERE HAVE BEEN LOOPHOLES THAT
HAVE BEEN ALLOWED TO PERSIST.
THAT PREVENT THE BANNACK FROM
APPLYING TO PEOPLE WHO HAVE
BEEN VIOLATED BY WAY OF BEING
MALICIOUSLY PROSECUTED
PERJURIOUS TESTIMONY. OR
INJURED WHILE THEY ARE IN THE
CUSTODY. OF JAILERS. YOUR
SUPPORT OF YOUR ABOUT THIRTY
SECONDS YES THANK YOU VERY
MUCH. AS WELL AS THE BANNACK
STRETCHING THE VANECK TO MAKE
SURE THAT IT LIVES UP TO THE
TRUTH IN THE PROMISE OF ITS
ORIGINAL. DRAFTERS AND CREATORS
IT'S ALSO WHEN YOU THINK ABOUT
THE CERTIFICATION. THERE'S NO
WAY THAT WE CAN LIVE IN THE
STATE OF CALIFORNIA THE BASHING
THE CRADLE OF DATA COLLECTION.
AND TECH AND WE DO NOT HAVE A
COMPREHENSIVE DATABASE FOR
THOSE WHO ARE DOING THE
BUSINESS IN THE PUBLIC'S NAME.
IN MAKING LIFE OR DEATH
DECISIONS THEY JUST MAKES NO
SENSE. IN FACT WE TURNED A
BLIND EYE TO THAT AND WE MUST
HAVE A DECERTIFICATION PROCESS
THAT IS ENFORCED THAT IS OPEN
AND TRANSPARENT. AND
COMPREHENSIVE THROUGHOUT THE
STATE AS YOU ALL KNOW
CALIFORNIA IS ONLY ONE OF FIVE
STATES DOES NOT HAVE THE
CERTIFICATION PROCESS. FINALLY
AS A RELEASED OFFICER WRITES
THE WAY IN WHICH THESE OFFICER
INVOLVED SHOOTINGS OR- ARE
INVESTIGATED THERE MUST BE
INDEPENDENT REVIEW. IT'S VERY
IMPORTANT WE HAVE INDEPENDENT
REVIEW WE CANNOT HAVE POLL
WORKERS STANDING IN JUDGMENT OF
OTHER COWORKERS WHEN IS LIFE
AND DEATH DECISIONS AND
CRIMINAL CONSEQUENCES AS A
RESULT. I THANK YOU FOR THE
TIME I STAND READY TO ANSWER
ANY QUESTIONS THE PANEL FOR THE
COMMITTEE MAY HAVE AND I
APPRECIATE THE OPPORTUNITY TO
COME HERE AND ADDRESSES. THANK
YOU REMEMBER SUPPORTER FOR YOUR
TESTIMONY BEFORE THIS BODY
TODAY AND PRESHEAF YOUR WORK-
AND IF YOU CAN STICK AROUND WE
MAY HAVE SOME OF SIR WE HAVE
SOME QUESTIONS- FROM THE
COMMITTEE MEMBERS- DIRECTED TO
YOU. SO WITH THAT BEING SAID
DEBORAH MERECE. YES THANK YOU
SO VERY MUCH FOR BEING PATIENT
OF THE LAW PROFESSOR AT NORTH
EAST UNIVERSITY THANK YOU ONCE
AGAIN- YEAH FIVE SIX TO EIGHT
MINUTES SO- PLEASE INCORPORATE
YOUR INTRODUCTION WITH IN THAT
TIME AND YOU ARE. UP TO THAT
THANK YOU VERY MUCH. THANK YOU
VERY MUCH FOR HAVING ME DURING
THESE IMPORTANT HEARINGS- MY
NAME IS DEBORAH ROMERO S. AND
I'M A PROFESSOR AT NORTHEASTERN
UNIVERSITY SCHOOL OF LAW HERE
IN BOSTON. SOME OF THE TITLE OF
THIS PRESENTATION IS WHY IS IT
SO HARD TO HOLD POLICE
ACCOUNTABLE FOR RISKY BEHAVIOR.
FIRST OFF I WANT TO CHECK SOUND
CAN PEOPLE HEAR ME WE CAN YOU
GO AND SEE YOU YES. PERFECT
THANK YOU I'M- WHEN I TALK TO
MY STUDENTS I SAY THAT THE
ANSWER IS AN ANSWER THAT'S BEEN
GIVEN ALREADY TODAY WHICH IS
THAT WE DON'T HAVE ANY WAY.
RIGHT NOW TO WEED OUT THE BAD
OFFICERS SO THAT THE GOOD
OFFICERS CAN THRIVE. SOME
COUNTRIES SOME OF THE SPEAKERS
MY EXPERIENCE THE EMPIRICAL
DATA AND ALL THE STUDIES
INDICATE THAT IT IS ALMOST
IMPOSSIBLE. TO LAY OFF OR FIRE
A POLICE OFFICER BECAUSE OF
UNION PROTECTIONS. AND THERE'S
ANOTHER REASON FOR THIS LACK OF
ACCOUNTABILITY. IT'S THAT EVEN
WHEN. YOU OR I OR SOMEONE
INJURED BY THE POLICE USES THE
COURT SYSTEM AND FILES A
LAWSUIT. THE OFFICER- DOES NOT
BEAR THE COSTS OF ANY DAMAGES
ASSESSED NOW I WANT EXPLAINED
THAT FOR A MINUTE. THE COURTS
AND MUNICIPALITIES HOLD
OFFICERS LIABLE FOR MISCONDUCT.
EITHER BY SETTLEMENT OR BY
VERDICT. NOW YOU MIGHT THINK
THAT AS A RESULT THE OFFICERS
WOULD PAY DAMAGES TO THE
VICTIMS WHO THEY INJURED. BUT
IN FACT THE OFFICERS PAY NOT
ONE PENNY WHEN YOU ARE I ARE
SUED FOR NEGLIGENCE- WE HAVE TO
PAY THE DAMAGES BUT THEY DO NOT
BECAUSE THEY HAVE NEGOTIATED
WITH THE MUNICIPALITIES. SO
THAT THE MUNICIPALITIES PAY
1100% OF THE COST OF POLICE
MISCONDUCT. FINALLY I THINK ONE
REASON THAT WE'VE HAD SO MUCH
DIFFICULTY HOLDING OFFICERS
ACCOUNTABLE IS THIS. WE FOCUS A
LOT OF OUR ATTENTION. ON
RESPONDING TO SHOOTINGS
RESPONDING TO INJURIES
RESPONDING TO A CUTE RECKLESS
ACTS OF POLICING. BUT WE ARE
MUCH LESS FOCUSED. I'M
PREVENTING THESE ACTS FROM
OCCURRING IN THE FIRST PLACE.
BY INTERVENING AT A MUCH
EARLIER STAGE SO MY
PRESENTATION IF YOU WANT TO
THINK ABOUT IT IN TERMS OF ONE
WORD IS PREVENTION. HOW DO WE
PREVENT THE VIDEOS THAT ALL OF
US HAVE SEEN. FROM RECURRING.
WHEN I TALKED TO POLICE CHIEFS
ABOUT THIS ISSUE HERE'S WHAT
THEY TELL ME. THEY SAY. DEBBIE
I'M NOT IN CHARGE OF THE POLICE
THE POLICE UNIONS ARE IN CHARGE.
THEY SAY I CAN'T HIRE THE
OFFICERS. I CAN'T PROMOTE THEM
I CAN'T DISCIPLINE THEM AND I
CAN'T FIRE THEM. SO I STOPPED
PLEASE EXPLAIN THIS I DON'T
UNDERSTAND. AND THEY SAID WE
CAN'T HIRE. THE PEOPLE WE THINK
WOULD BE GUARDIANS OF OUR
COMMUNITY AND PROBLEM SOLVERS
BECAUSE WE HAVE TO HIRE THE
PERSON WHO GOT THE HIGHEST
CIVIL SERVICE EXAM TEST SCORE.
WE CAN'T PROMOTE. THE PEOPLE
WHO DID AN OUTSTANDING JOB OF
COMMUNITY POLICING. BECAUSE WE
HAVE TO HIRE THE PERSON WHO GOT
THE HIGHEST TEST ON THE CIVIL
SERVICE EXAM. AND WE CANNOT
DISCIPLINE THE OFFICERS WHO WE
SEE WITH DRUG PROBLEMS ALCOHOL
PROBLEMS ANGER MANAGEMENT
PROBLEMS PEOPLE ENGAGING IN
RISKY BEHAVIOR PEOPLE WHO WERE
ARRESTED FOR ASSAULTING SOMEONE
IN A BAR OR RESTITUTA BEING AND
CONVICTED OF IT WE CAN'T
DISCIPLINE THEM. BECAUSE OF THE
LABOR ARBITRATION SYSTEM. WHAT
THEY SAY IS THAT TWO THIRDS OF
THE TIME. THEIR DECISION TO
DISCIPLINE IS OVERTURNED. BY
THE LABOR ARBITRATORS AND THAT
THIS IS A SYSTEM CONTROLLED BY
THE POLICE UNIONS AND FOR ALL
OF THESE REASONS THEY ALSO
CAN'T FIRE A POLICE OFFICER.
NOW WHEN I WAS THINKING ABOUT
WHAT I WOULD SAY TO YOU TODAY.
ONE QUOTE CAME TO MIND. IT'S
SHORT IT SAYS WE CAN'T SOLVE
PROBLEMS. BY USING THE SAME
KIND OF THINKING WE USED WHEN
WE CREATED THEM. WE NEED NEW
IDEAS WE NEED AN INDEPENDENT
AGENCY TO DEVELOP A RISK
ASSESSMENT AND ACCOUNTABILITY
SYSTEM. AND MY SOLUTION IS THIS.
WHY CAN'T WE INSURE POLICE
OFFICERS LIKE OTHER
PROFESSIONALS AND REQUIRE THEM
TO KERRY MANDATORY PROFESSIONAL
LIABILITY INSURANCE. NOW MY
NEIGHBOR IS A DOCTOR AND HE
SAID HE HAS TO CARRY
PROFESSIONAL LIABILITY
INSURANCE AND HE SAID IF I
STARTED DRINKING OR USING DRUGS
OPERATING ON THE WRONG LEG OR
ARM MY INSURANCE PREMIUMS WOULD
GO UP AND IF I CONTINUED TO DO
THAT THEY DON'T WANT MORE AND I
BE PRICED OUT OF MEDICINE. HE
SAID I DON'T UNDERSTAND WHY
POLICE OFFICERS. WITH DANGEROUS
HISTORIES AND INDICATORS ARE
PRICED OUT OF POLICING THE SAME
WAY. BY PREMIUMS THAT REFLECT
THE ACTUAL RISK OF THEIR
DANGEROUS POLICING. THE SYSTEM
THAT I ENVISION WOULD BE A
PREVENTION SYSTEM EARLY ON THE
INSURANCE COMPANIES THROUGH
RISK ASSESSMENT SCORE CARDS
WOULD IDENTIFY OFFICERS ENGAGE
IN RISKY BEHAVIOR. AND THEY
WOULD SAY LOOK. YOU WERE JUST
CONVICTED OF ASSAULTING SOMEONE
AND BARK YOU WERE JUST
CONVICTED OF DRUNK DRIVING YOU
HAVE A DOMESTIC VIOLENCE
RESTRAINING ORDER YOU CAN
EITHER GET TREATMENT AND
TRAINING. FOR YOUR PREMIUMS
WILL GO UP IF YOU GET TREATMENT
OR TRAINING YOUR PREMIUMS GO
DOWN. IN THIS WAY WE WOULD
CREATE AN ACCOUNTABILITY
SYSTEM. THAT DEALT WITH SOME OF
THESE ISSUES EARLIER. HOW WOULD
IT WORK. WELL AN OFFICER WOULD
HAVE TO CARRY PROFESSIONAL
LIABILITY INSURANCE AND THAT'S
WHERE YOU COME IN BECAUSE THE
STATE LEGISLATURE COULD MANDATE.
THAT IN ORDER TO POLICE IN
CALIFORNIA EVERY OFFICER MUST
KERRY. PROFESSIONAL LIABILITY
INSURANCE THE POLICE DEPARTMENT
WOULD PAY THE AVERAGE BASE
PREMIUM FOR ALL OFFICERS SO
WOULD COST THE OFFICERS NOTHING
BUT ANY INCREASES DUE TO RISKY
BEHAVIOR ARE PAID BY THE
OFFICER. AND THE MUNICIPALITIES
WOULD BE PROHIBITED FROM PAYING
FOR THE COST OF POLICE
MISCONDUCT THAT WOULD BE PAID
BY THE OFFICER AND THEIR
INSURANCE POLICY. WHAT DO THE
INSURANCE COMPANIES DO HERE.
THEY DO WHAT THEY DO BEST THEY
ASSESS RISK. THEY CREATE RISK
ASSESSMENT SCORECARDS FOR THE
OFFICERS. AND FIND OUT AND
IDENTIFY WHAT EVERYONE ALREADY
KNOWS WHO ARE THE BAD APPLES.
THEY ARE AN INDEPENDENT AGENCY
THEY ASSIST RISK IN OTHER AREAS
THEY PRICE OUT BAD DRIVERS THEY
PRICE OUT BAD LAWYERS THEY
PRICE OUT BAD DOCTORS WERE
ASKING THEM TO PRICE OUT BAD
POLICE OFFICERS. NOW IF THIS
SYSTEM HAD BEEN IN PLACE. LIVES
WOULD HAVE BEEN SAVED. AN
OFFICER LIKE DANIEL PANTALEO
WHO STRANGLED ERIC GARDNER IN
NEW YORK. WOULD HAVE BEEN
IDENTIFIED AS AMONG THE TOP 2%
OF NEW YORK POLICE OFFICERS
WITH THE MOST SUSTAINED
CIVILIAN COMPLAINTS. WOULD HAVE
BEEN IDENTIFIED AS HAVING TO
PRIOR LAWSUITS AND SETTLEMENTS
AND ONE PRIOR DISCIPLINARY
ACTION AND HE WOULD HAVE BEEN
PRICED OUT OF POLICING BEFORE
HE MET ERIC GARNER. THE SAME
WOULD BE TRUE OF DEREK SHOPPING-
STRANGLED GEORGE FLOOR. SO WHAT
ARE WE ASKING YOU THE
LEGISLATORS TO DO THREE SIX.
THANK. ONE LIMIT THE SCOPE OF
COLLECTIVE BARGAINING FOR
POLICE UNIONS AS A MATTER OF
PUBLIC POLICY PROHIBIT THEM
FROM BARGAINING ABOUT HIRING
DISCIPLINE TERMINATION AND THE
ALLOCATION OF THE COST OF
POLICE MISCONDUCT NARROW THE
SCOPE YOU CAN DO THAT AND AS A
MATTER OF PUBLIC POLICY WE
SHOULD. TO PROHIBIT ALL
MUNICIPALITIES IN CALIFORNIA
FROM CONTINUING TO USE TAXPAYER
DOLLARS TO PAY 1100% OF THE
COST FOR POLICE MISCONDUCT SUIT
AND BY THE WAY FOR THE LEGAL
COSTS FOR THE LAWYERS WHO ARE
TESTIFYING TODAY. THREE REQUIRE
POLICE TO CARRY MNDATORY
PROFESSIONAL LIABILITY%
INSURANCE LIKE OTHER
PROFESSIONALS AND STATE THAT
THEY MAY NOT POLICING
CALIFORNIA WITHOUT THE
INSURANCE THANK YOU. THANK YOU
VERY MUCH A PROFESSOR EMERITUS
WE APPRECIATE YOUR TESTIMONY
AND NOW AT THIS POINT OF OUR
AGENDA- WE WANT TO OPEN IT UP
FOR QUESTIONS SO I WOULD ASK
MEMBERS WHO ARE JOINING US
REMOTELY AND OR VIRTUALLY TO I
SEE MISTER MAYES WILL GO TO YOU
FIRST- PLEASE TEXT ME SO I CAN
PLACE YOU IN THE QUEUE. SO ANY
MEMBERS HAVE ANY QUESTIONS
PLEASE TEXT ME SO WE CAN
RECOGNIZE YOU- AND IT WILL GO
FROM THERE FIRST UP WE HAVE
MISTER CHAD MAYES- WHO WHO HAS
A QUESTION AND THEN WE'LL GO TO
JUST A LACK IN THE MISTER
MCCARTY. I CAN YOU GUYS HEAR ME.
YES WE CAN HEAR YOU. OKAY FOR
SOME REASON MY VIDEOS NOT
COMING ON HERE BUT- I'M
FASCINATED- BY MR MAYOR IS A BY
YOUR OF YOUR PRESENTATION. ARE
THERE ANY OTHER STATES- ARE
THERE ANY OTHER COUNTRIES THAT
HAVE THIS SAME A SORT OF SYSTEM
OR IS THIS A NOVEL OF CONCEPT.
MISTER MERISTEMS YOUR QUESTION.
IT IS IT IS A NOVEL A NEW IDEA
BUT SINCE WE STARTED WRITING
ABOUT THIS- SEVERAL THINGS HAVE
HAPPENED FIRST ON COLORADO THEY
ACTUALLY PASS STATE LEGISLATION.
THAT MADE IT SO THAT THE
OFFICER HAD TO PAY THE FIRST
TWENTY FIVE THOUSAND DOLLARS OF
DAMAGES PERSONALLY. MISSED A
PENALTY WOULD ONLY PICK UP THE
DAMAGES OVER TWENTY FIVE
THOUSAND DOLLARS. THAT MEANT
THAT THE UNIONS CAME TO US AND
SAID WE WANT TO PROFESSIONAL I
ABILITY INSURANCE TO INSURANCE
WITH ITS NEW PERSONAL LIABILITY
THAT WE HAVE. SO IN CALIFORNIA
THERE ARE INSURANCE COMPANIES
PROVIDING THIS PRODUCT TWO
OFFICERS BECAUSE THE STATE
LEGISLATURE SAD WE ARE TIRED OF
TAXPAYERS PAYING ONE HUNDRED
PERCENT. OF THE COST OF POLICE
MISCONDUCT BECAUSE IT COMES OUT
OF THE MUNICIPAL BUDGET THAT
MEANS WE HAVE LESS FOR SCHOOLS
AND AS YOU KNOW DURING A
PANDEMIC AND DURING THE BUDGET
CONSTRAINTS WE'RE GONNA FACE WE
CAN NO LONGER PAY THAT BILL- IN
THESE AS YOU KNOW THESE SUITS
CAN BE TWENTY MILLION. FIVE
MILLION FOUR MILLION THESE ARE
HUGE SUITS THAT COME OUT OF
NOWHERE SO- THAT'S ONE STATE
THAT HAS ACTUALLY PASSED IT
THEN I'VE BEEN TALKING TO-
SENATOR BRG AND NEW YORK AND
SHE HAS FILED LEGISLATION.
ASKING THAT EVERY POLICE
OFFICER IN NEW YORK BE REQUIRED
TO CARRY PROFESSIONAL LIABILITY
INSURANCE. AND THIRD. IT'S
NOVEL TO APPLY IT TO POLICE BUT
AS YOU KNOW AS DRIVERS IN
CALIFORNIA THIS RISK ASSESSMENT
MODEL IS ALREADY IN PLACE IF
YOU STARTED DRUNK DRIVING TWO
OR THREE TIMES YOUR PREMIUMS
WOULD GO UP. AND EVENTUALLY
YOU'D BE PRICED OUT OF DRIVING.
FOR THOSE OF YOU WHO ARE
PROFESSIONALS WHETHER YOU ARE A
PSYCHIATRIST A PSYCHOLOGIST-
EIGHT LAWYER OR DOCTOR MOST
PROFESSIONALS DO CARRY
PROFESSIONAL LIABILITY
INSURANCE. IT HAS OPERATED
EFFECTIVELY AND HAS OPERATED IN
NUMEROUS ARENAS. WELL I AM
FASCINATED- BY IT WOULD BE
GREAT TO BE ABLE TO HAVE A
FURTHER CONVERSATION ABOUT IT
AND FOR THOSE OF YOU THAT ARE
LISTENING- IF YOU'VE GOT. IF
YOU'RE SUPPORTIVE- OR YOUR
OPPOSED OR YOU ALSO THINK THAT
IT IS A AN INTERESTING IDEA I'D
LOVE TO BE ABLE TO ATTEND TO
HEAR FROM YOU AND- MISTER CHAIR
BE GREAT TO HAVE THIS
CONVERSATION WITH YOU AS WELL.
THANK YOU THANK YOU VERY MUCH
WANT TO GO TO- ASSEMBLY MEMBER
CURRENT CUNNINGHAM. IT SURE MY
QUESTION IS FOR MR MARISS WALL-
IT OCCURS TO ME THAT. THIS
WOULD BE IT'S A NOVEL IDEA I
THINK IT'S AN INTRIGUING AND I
THINK ESPECIALLY IF WE'RE GOING
TO LOOK AT. ON A POLICY LEVEL
CHANGING THE- LIABILITY
STANDARDS IN ANY WAY IT MAY
EVEN BE A NECESSITY THAT WE
NEED TO MOVE POLICE OFFICERS TO
AN INSURANCE. BASED MODEL OR
EVEN REQUIRE IT- OTHERWISE
YOU'RE NOT GONNA GET ANYBODY
WILLING TO JOIN THE PROFESSION
I MEAN THAT'S YEAH ARE VERY
VERY FEW PEOPLE WILLING TO JOIN
THE PROFESSION. BECAUSE YOU
DON'T WANT UNLIMITED LIABILITY
AND SOMETIMES MULTIMILLION
DOLLAR JUDGMENTS- WHEN YOU
DON'T HAVE ASSETS OR RESOURCES
TO PAY THOSE THAT'S NOT A VERY
VERY GOOD THING- MY QUESTION
FOR YOU IS HAVE THERE BEEN
STUDIES ABOUT. HOW THIS
INSURANCE MARKET WOULD WORK-
AND WHETHER INSURANCE CARRIERS
WOULD BE INTERESTED IN AND-
WRITING THOSE KINDS OF POLICIES
AND WHETHER THEY HAVE ENOUGH
ACTUARIAL DATA OR WHATEVER DATA
THEY NEED TO PROPERLY. ASSESS
AND PRICE AND RISK GIVEN THIS
IS KIND OF A NOVEL. CONCEPT IN
THE YOU KNOW I'M AN ATTORNEY IN
OUR ERRORS AND OMISSIONS
INSURANCE IS PRETTY WELL
UNDERSTOOD BECAUSE THEY'VE GOT
FORMULAS FOR HOW MANY YEARS YOU
PRACTICE TO WHAT KIND OF AREAS
OF LAW YOU PRACTICE AND- YOU
KNOW IF YOU DO FAMILY LAW IT'S
ONE THING IF YOU DO THE STATE'S
ENTRUSTS VERY VERY. EXPENSIVE
IF YOU DO CRIMINAL DEFENSE
IRONICALLY IT'S VERY CHEAP- BUT
YOU KNOW WE DON'T NECESSARILY
HAVE THAT BODY OF DATA-
HISTORICAL EVIDENCE. SO I'M
JUST CURIOUS PROFESSOR AS TO
WHETHER YOU ARE AWARE OF ANY
STUDIES THAT HAVE BEEN DONE- ON
ON HOW THIS SORT OF NOVEL
INSURANCE MARKET WOULD WORK
BECAUSE I THINK IT IS A VERY
INTRIGUING IDEA. I WENT INTO
LAW REVIEW I. THAT GO THROUGH
THE DATA WORKING WITH INSURANCE
PROFESSIONALS TO SET IT IT'S
ACTUALLY A VERY LUCRATIVE MODEL
MODEL. IT'S VERY LUCRATIVE FOR
INSURANCE COMPANIES- I'VE BEEN
ADVISING STATES IS THAT MAYBE
THE INSURANCE COMPANIES CAN BE
INVOLVED. IN THE RISK
ASSESSMENT SCORECARDS BUT MAYBE
THE STATE COULD DO SOME OF THE
POOLING OF RESOURCES. WHAT I
MEAN BY THAT IS THIS. IT ALL OF
THESE POLICE DEPARTMENTS. ARE
GOING TO BE PAYING THE BASE
PREMIUM. COULD THAT ALL GO INTO
A POOL THAT THE STATE INSURANCE
COMPANY. SUPERVISES SO THEY
COULD GIVE REBATES TO THE-
DEPARTMENTS. THAT HAVE BEEN
EXCELLENT AND HAVEN'T HAD ANY
CLAIMS- AS OPPOSED TO THE
INSURANCE MARKET THAT EXISTS
WHERE INSURANCE COMPANIES. MAKE
A LOT OF MONEY ON THESE
PROFESSIONAL LIABILITY
INSURANCE. POLICIES BECAUSE
EVERYONE HAS TO CARRY THEM. AND
THEY'RE VERY GOOD AT FIGURING
OUT HOW NOT TO PAY OUT. WHICH
IS ONE REASON IT'S A GOOD MODEL
THEY THEN BECOME THE WATCHDOG.
THEY DON'T WANT A TWENTY
MILLION DOLLAR VERDICT BECAUSE
IF THEY GET IT THEY PAID. SO
THEY'RE GOING TO BE VERY VERY
GOOD AT FIGURING OUT WHO ARE
THE OFFICERS ON THIS ROAD. AND
STOPPING THEM BEFORE. SHOOTING
A STRANGLING OR AN INCIDENT- IN
TERMS OF THE INDICATORS.
THERE'S A WHOLE WEALTH OF DATA
ON WHAT THEY CALL EARLY WARNING
INDICATORS OF MISCONDUCT. SOME
OF THEM ARE THE FACT THAT MANY
POLICE OFFICERS HAVE DOMESTIC
VIOLENCE RESTRAINING ORDERS.
AND THERE'S DEFINITELY
EMPIRICAL DATA. THAT ONCE THAT
HAPPENS THERE'S AN ANGER
MANAGEMENT PROBLEM. NOW WHAT
SHOULD WE DO. WHAT WE DO NOW.
ABSOLUTELY NOTHING. I DON'T
CARE HOW LONG OR HOW MANY
RESTRAINING ORDERS TO GET
NOTHING HAPPENS. WHAT WOULD I
LIKE TO SEE HAPPEN. I'D LIKE TO
SEE THE INSURANCE COMPANY SAY
LOOK- YOU HAVE A DOMESTIC
VIOLENCE RESTRAINING ORDER.
THERE'S. CLEARLY ANGER
MANAGEMENT ISSUES HERE- WOULD
YOU CONSIDER HAVING ANGER
MANAGEMENT TREATMENT IN AN
EMPIRICALLY SOUND PROGRAM IF
THEY SAY YES MAYBE WE CAN DEAL
WITH IT IN THAT WAY WITHOUT IT
ESCALATING OR CASCADING AND
WITHOUT PRICING THE OFFICER OUT
OF POLICING WHAT'S ANOTHER
INDICATOR NUMBER OF SETTLEMENTS
OR JUDGMENTS MANY OF THE POLICE
OFFICERS WHO HAVE YOU SEEN IN
THOSE VIDEOS HAVE HAD MULTIPLE
SETTLEMENTS OR JUDGMENTS WHAT
DID WE DO. WHEN JASON VAN ****
THE CITY CHICAGO PAID FIVE
MILLION DOLLARS IN DAMAGES
BEFORE HE SHOT THE QUAN
MCDONALD WHAT DID WE DO.
NOTHING WHAT SHOULD HAVE BEEN
DONE. SOME COUNSELING LOOK YOU
JUST THE CITY CHICAGO JUST PAID
FIVE MILLION DOLLARS IN DAMAGES
FOR EXCESSIVE USE OF FORCE YOU
NEED. MAYBE YOU NEED TO BE
PRICED OUT BECAUSE I THINK AT
THAT POINT THE INSURANCE
COMPANIES PATIENTS MIGHT BE
VERY LOW- HE ALSO HAD A JURY
AWARD 430-050-0004 EXCESSIVE
USE OF FORCE IN A TRAFFIC STOP-
THOSE ARE THE- INDICATORS
THERE'S THE NUMBER OF CIVIL
COMPLAINTS. SO FOR EXAMPLE
PONTA LAYO WHO- CHOKED ERIC
GARNER WAS IN THE TOP. 2% OF
NEW YORK CITY OFFICERS FOR
SUSTAINED COMPLAINTS WHAT DID
WE DO. NOTHING AND AFTER HE
STRANGLED ERIC GARNER TO DEATH
ONE OF THE SYSTEM DO PUT HIM ON
THE PAYROLL FOR FIVE YEARS
BEFORE HE WAS FIRED. THAT'S THE
SYSTEM WE HAVE NOW. WE COULD DO
BETTER WE'VE DONE IT IN EVERY
OTHER PROFESSIONAL ARENA. WE
CAN SET UP CARROTS AND STICKS.
I WAS THE ONE THING AND I DON'T
WANT TO MONOPOLIZE THE
CONVERSATION BUT I'VE GOT A LOT
OF EMAILS FROM OFFICERS IN
HERE'S WHAT THEY SAID THIS WAS
SURPRISING TO ME CHICAGO POLICE
OFFICERS SAY. YOU KNOW WHAT
ABOUT YOUR SYSTEM. WE ALL KNOW-
THE OFFICERS ARE WHO ARE
DRINKING WHO HAD DRUG PROBLEMS
WHO'VE GOT DOMESTIC VIOLENCE
RESTRAINING ORDERS WHO ALREADY
HAD JUDGMENTS AND WE SIT AND WE
WATCH AND WE DO NOTHING AND WE
THINK THAT'S LOYAL. WHAT I LIKE
ABOUT YOUR SYSTEM. IS THAT YOU
RECOGNIZE. A LOT OF THE ROOT
CAUSE OF THIS IS POLICE TRAUMA.
WE ASK THEM TO GO WHERE WE
WOULD NOT GO. AND DO WHAT WE
WOULD NOT DO AND WHEN THEIR
TRAUMATIC TRAUMATIZING HAVE
POSTTRAUMATIC STRESS WE WATCH
THEM DRINK. WE WATCH THEM TAKE
DRUGS WE WATCH THEM LASH OUT AT
THEIR FAMILY AND THEIR PARTNERS
AND WE DO NOTHING HE SAID WHAT
I LIKE ABOUT YOUR SYSTEM IS
THAT YOU START WITH CARROTS AND
GIVING TREATMENT. YOU GIVE THE
PERSON A CHANCE AND YOU KNOW
WHAT HE SAID AND IF THEY REFUSE
THE CHANCE. THEM WITH DIGNITY
BY SAYING YOU HAVE A PROBLEM.
AND WE WANT TO HELP YOU.
TREATMENT FOR IT SO THE SYSTEM
IS NOT JUST A PUNITIVE AFTER A
HORRIBLE EVENT OCCURS SYSTEM IT
IS A CALIBRATED SYSTEM. WELL I
WOULD ALSO ADD WHEN I ALSO LIKE
ABOUT THE CONCEPT IS THAT
YOU'RE SHIFTING THE COST FOR
MISCONDUCT- TO PRIVATE THE
PRIVATE MARKET AS OPPOSED TO
SHIFTING IT TO THE TAXPAYER
WHICH IS WHERE IT'S
PREDOMINATELY LIES NOW I'D BE
INTERESTED IN READING YOUR LAW
REVIEW ARTICLES IF YOU COULD
MAYBE MAKE THOSE AVAILABLE TO
THE COMMITTEE I THANK YOU FOR.
WE WILL DEFINITELY SEND BOTH OF
THEM TO THE COMMITTEE AND WE
HAVE DONE FINANCIAL MODELS THAT
SHOW THAT THIS MODEL SURPRISE
AND THIS ISN'T THE REASON WE
DID IT BUT IT SAVES A LOT OF
MONEY TO THE TAXPAYERS BECAUSE
WITH AN INSURANCE SYSTEM YOU
CAN PUT A CAP ON DAMAGES SO NO
LONGER CAN SOMEONE GET TWENTY
MILLION DOLLARS. THEY MIGHT BE
CAPPED AT FIVE HUNDRED THOUSAND
WHICH IN NEW YORK COMPENSATED
98% OF THE VICTIMS. VERY GOOD
WELL THANK YOU VERY MUCH I'M
VERY SURPRISED INSURANCE
COMPANIES MANAGE TO MAKE MONEY.
THIS IS AMAZING WHO KNEW. THANK
YOU THANK YOU VERY MUCH-
ASSEMBLY MEMBER CUNNINGHAM- WE
WANT TO MOVE AND I APPRECIATE
THE CONVERSATION BECAUSE I
HEARD. INDICATORS INDICATORS
FROM THE PROFESSOR INDICATORS
AND THESE CAN BE EARLY
INDICATORS TO SECOND TO SHOW
AND DEMONSTRATE THAT SOMEONE IS
IN NEED OF HELP AND SO I WANT
TO GO TO MY COLLEAGUE AYE MR
LACKEY THEY MISSED MCCARTY AND
THEN WILL GO TO- ASSEMBLY WOMAN
ELOISE HAIR. ELOISE RADIUS.
OKAY THANK YOU. MISTER CHAIR I-
I WANT TO JUST MAKE A COMMENT I
REALLY DON'T HAVE A QUESTION I
HAVE A COMMENT WITH. REGARD TO
MISS REMEMBERS IS A PROPOSAL
THAT OFFICERS CARRY LIABILITY
INSURANCE. AND SHE USED THE
COMPARISON. COMPARING LAW
ENFORCEMENT WITH THE PHYSICIANS.
AND THE- WHAT DOCTORS THEY MAY
BE REQUIRED TO CARRY LIABILITY
INSURANCE THEY'RE NOT GETTING
SHOT AT THEY'RE NOT GETTING
STABBED RUN OVER KILLED BY
THEIR PATIENTS. FIND AN
INSURANCE CARRIER WHO WILL
ENSURE SOMEBODY WHOSE JOB IT IS
TO ENGAGE IN HIGH SPEED CHASES
USE FORCE TO ARREST VIOLENT.
OFFENDERS WELL THIS IS WHERE
ALL CARRIERS DROP PUBLIC
ENTITIES YEARS AGO WHO NOW RELY
ON GPAS TO PULL THE RESOURCES
FOR COVERAGE. DOCTORS GET TO
PICK THEIR CLIENTS POPS DON'T.
DOCTORS ARE AFFORDED HOURS DAYS
AND EVEN WEEKS TO MAKE THEIR
PROFESSIONAL DECISIONS POPS UP
TO MAKE THEIR DECISIONS IN
SPLIT SECONDS AND I THINK IT'S
AN UNFAIR COMPARISON AND I
THINK IT'S ILLOGICAL AND UNFAIR.
THANK YOU VERY MUCH MR LACKEY
WILL GO TO MISTER MCCARTY AND
THEN WE'LL GO BACK TO- MISTER
MUST ACNE WHO HAS A QUESTION SO
RIGHT AFTER MR MCCARTY THEN WE
GO TO THE DAVINA STACKING. MISS
MCCARTY THANK YOU AB I FIRST
WANTED TO TALK ABOUT THE
INSURANCE ISSUE AND I THINK
IT'S A REALLY INTRIGUING ISSUE
AND I'M NOT SURE IF WE'RE
GETTING. THE FOR CONFUSED ON
THAT APPLICATION OF IT BECAUSE
MY UNDERSTANDING IS THE
INSURANCE WOULD BE FOR THE
FIRST TWENTY FIVE THOUSAND
DOLLARS LIKE. YOU HAD IN
COLORADO SO THE OFFICER WOULD
ONLY BE ENSURING THAT NOT THE
POTENTIAL TEN MILLION DOLLAR.
WRONGFUL DEATH SETTLEMENT LIKE
WE SEE HERE IN SACRAMENTO AFTER
STEPHON CLARK WHAT HAVE YOU IS
JUST THE FIRST BIT- SO I DON'T
THINK THAT IS THAT AND
REASONABLE I DON'T THINK
THERE'D BE THAT MUCH EXPOSURE
WHERE. WE'RE CITIES WOULD BE
ABLE TO FOR THAT PREMIUM
BECAUSE AGAIN THEIR PHONE.
FIRST PIECE TO THE OFFICER THE
SECOND PIECE WHAT WOULD GO.
THROUGH LIFE FOR EXPOSURE FOR
THE CITY WHICH LEADS ME TO THE
SECOND POINT THAT I KNOW.
PROFESSOR CHEMERINSKY- HAD TO
LEAVE AND DURING HIS. HIS
PRESENT WAS TALKING ABOUT
DISCIPLINE BUT HE I'M I'M SURE
HE WANTED TO BE ON THE
LITIGATION SIDE BUT HE HAD TO
GO BUT HE WAS WEAVING IN. A LOT
OF COMMENTS ABOUT- EXPOSURE
ESSENTIALLY. I'VE HEARD AND SAY
THIS BEFORE AND I KNOW MISTER-GIPSON SERVED ON THE CITY
COUNCIL SO YOU WOULD YOU WOULD
KNOW THIS. WHEN WE'RE IN CLOSED
SESSION MANY TIMES WE TALK
ABOUT LAWSUITS. EXCESSIVE FORCE
YOU KNOW SOMEONE TRIPPING IN
THE OLD SACRAMENTO- YOU KNOW
LOCHSIDE WALKEN'S THAT SETTLING
FOR BROKEN ANKLE BUT A LOT OF
TIMES IT WAS ABOUT PUBLIC
SAFETY OF COURSE. AND YOU KNOW
IN IN IN THE CITY SACRAMENTO
LAST YEAR I THINK THAT- IT WAS
THE NORTH NORTH OF TWENTY
TWENTY FIVE MILLION IN. INS AND
PAYOUTS FOR. EXCESSIVE FORCE
WRONGFUL DEATH WHICH WHICH BY
THE WAY I THINK THERE SHOULD BE
MORE PUBLIC AND MORE
TRANSPARENT AS FAR AS HOW MUCH
CITIES ARE PAYING AS WE SAID
EARLIER. THOSE MONIES CAN BE GO
DO ANOTHER BUNCH OTHER THINGS
INCLUDING PREVENTION AS WE
HEARD FROM SOME OFFICERS IN
TRAINING IN THE FIRST PLACE-
BUT THE NOTION THAT THAT THAT
DEAN- CHAMBER AND SKI PUTS
FORWARD OVER AND OVER. HEADER
HEARINGS IS THAT- A MORE A
CIVIL EXPOSURE WOULD LEAD TO
MORE ACCOUNTABILITY AMONG
POLICE DEPARTMENTS AND I DON'T
DISAGREE AND I THINK THAT LUCK.
IF I WAS IN THE CITY COUNCIL.
AND OUR BUDGET FOR WRONGFUL
DEATH EXCESSIVE FORCE DOUBLED
ONE YEAR FROM TWENTY FIVE TO
FIFTY MILLION. YOU BETTER
BELIEVE THAT THE CITY COUNCIL
THE MAYOR WOULD BRING IN THE
POLICE CHIEF. AND EVERYBODY IN
THAT AND THE DEPARTMENT AND
FOCUSING ON. ACCOUNTABILITY AND
RESULTS IN MAKING SURE THAT THE
OFFICERS ACTIONS ARE REFLECTIVE
OF OUR POLICIES BECAUSE- YOU
DON'T FOLLOW THE MONEY AND
THERE'S NOTHING LIKE THE
INCENTIVE OF THAT SO. I DON'T
THINK THAT THAT HE'S HE'S OFF
ON THAT ISSUE. WHICH WHICH
LEADS TO THE ISSUE OF THIS THAT
THIS THE BANE ACT- AND I KNOW
IT'S COMPLICATED BECAUSE IT'S
BEEN. LOCKED IN AND AS FAR AS-
DECERTIFICATION AND THE BANE
ACT AND QUALIFIED IMMUNITY
ISSUE. ON ONE ON ONE BILL. BUT
BUT THE NOTION THERE I DON'T
THINK IT IS A BAD ONE AND I'M
PORAC AND OTHERS. SAY THAT IT
WOULD CAUSE. OFFICERS TO LOSE
THEIR HOMES AND EXPOSURE. AND
IT WOULD IT WOULD YOU KNOW IF.
WE WOULD HAVE ANYBODY APPLYING
FOR THE JOB ANYMORE IF IT WAS
FOCUSED ON THE NOTION THAT
THERE WAS. LIKE A REASONABLE
CAP I DON'T THINK THAT'S A BAD
IDEA HAVE SOME SKIN IN THE GAME
TWENTY FIVE THOUSAND DOLLARS IF
SOMETHING HAPPENS AND THEN. ON
TOP OF THAT HIS EXPOSURE TO THE
JURISDICTION SO YOU KNOW THERE
IS NOT MORE INDIVIDUAL
LIABILITY FOR. FOR NECESSARILY
OFFICER UNLESS THEY'RE
COMMITTING A CRIME AND YOU KNOW
YOU KNOW. DOING SOMETHING
THAT'S WAY OUT OF THE SCOPE OF
THEIR EMPLOYMENT STATUS THAT'S
ANOTHER ISSUE- BUT BUT HAVING
OVERALL- MORE ACCOUNTABILITY.
AND EXPOSURE FOR THE
JURISDICTION I THINK YOU'VE I
THINK THAT WE BRING ABOUT. MUCH
MUCH MORE REFORM SO- I'M NOT
SURE MAYBE MUST RESPOND TO THAT
BUT- BUT CERTAINLY- YOU KNOW
THOSE I THINK. ARE ARE ARE WERE
THE ISSUES THAT WE SHOULD BE
FOCUSING ON TWENTY TWENTY ONE.
SO LET ME GO TO- MISTER SMITH-
DOES ANYONE NEED A POUND ONE TO
RESPOND TO THAT. QUESTION FOR
MISS MCCARTY. OKAY WE HAVE A
MISTER POINTER. ONE MOMENT
YOU'RE MOVING THIS COULD YOU
MICROPHONE ON. OKAY LET'S TRY
IT OUT FRANKLY I THINK IS
LUDICROUS AS OUR LAST ARGUMENT
THAT- POLICE OFFICERS WOULD NOT
SIGN UP FOR THE JOB OR THAT
THEY'LL LOSE THEIR HOMES AS IT
RELATES TO CIVIL LITIGATION
I'VE BEEN INVOLVED IN A LOT OF
CASES. HAVE RECEIVED AND I HAVE
BEEN A PART OF LITIGATION WHERE
JURIES OF BRANDED MULTI MILLION
DOLLAR VERDICTS POLICE OFFICERS
HAVE CONTINUED TO WORK THOSE
OFFICERS HAVE ACTUALLY BEEN
PROMOTED. SO THE IDEA THAT IF
WE WANT TO HOLD THEM
ACCOUNTABLE BY WAY OF CIVIL
RIGHTS LITIGATION IS GOING TO
LEAD TO IS NOT HAVING POLICE
OFFICERS DISCOURAGING POLICE
OFFICERS IS NOT BORNE OUT BY
THE EVIDENCE AND BY MY
EXPERIENCE ON TOP OF THE FACT
WHAT I DO BELIEVE THE HOWEVER
IS THAT. SIMILAR JUST LIKE
EVERYDAY CITIZENS. WE'RE
HITTING OUR PA. WE TEND TO
CHANGE OUR BEHAVIOR. OKAY IN
THE POLICE DEPARTMENTS THE
MUNICIPALITIES WHETHER THAT'S
THE POLICE CHIEF WHETHER THAT'S
THE MAYOR WHEN THEY FILL IN THE
BUDGET. THANKS TEND TO SHIFT
AND WE SEEN THAT HAPPEN IN THE
CITY OF OAKLAND. WE'RE STARTING
TO SEE THAT HAPPEN IN SAN
FRANCISCO AND FRANKLY THAT'S
WOODS WERE ON THE VERGE OF
SEEING HOPEFULLY HAPPEN IN THE
CITY OF ALEPPO. SO I THINK THAT
THAT IS A VERY EFFECTIVE-
INCENTIVE TO HAVE OFFICERS
CHANGE THEIR BEHAVIOR BUT IT'S
NOT ENOUGH ALONE THERE MUST BE
INDEPENDENT INVESTIGATION THE
CALENDAR WITH A GO WITH THE-
THANK YOU. ADMINISTRATOR I'M
SORRY ONE MORE QUESTION I'M
SURE GOING TO ASK THAT THE-
GENTLEMAN SO RIGHTS ATTORNEY.
FROM POINTER IN. WELL NOT YES
YOU MENTIONED THE CITY OF
VALLEJO AND- THAT- THAT
DEPARTMENT IS A MASS A RACK
THAT THE LOCAL DA HAS PUBLICLY
SAID SO. ASKING FOR REFORM- THE
ATTORNEY GENERAL STARTED ANY AN
INVESTIGATION ON THEIR-
BASICALLY THE CALIFORNIA
VERSION OF THEIR PATTERN AND
PRACTICE IS THERE. AND ONE
THING THAT THAT'S KINDA LOST
UPON ME IS THAT. HIGH PROFILE
SHOOTING THEY HAD THEIR WITH
THE OFFICER. IN THE BACK AND
THAT KIND OF BANGLES THAT TO
ROPE PICKUP TRUCK JUDGING THE
ASSAULT RIFLE THROUGH THE
BACKSEAT. AND THE OFFICERS-
WENT AND THREW AWAY THE
WINDSHIELD AND THE EVIDENCE
WERE UNABLE TO DO THAT. SO ONE
THING THAT TIME TO KIND OF DUMP
BOUNCE ME AND- I KNOW SOME
CITIES DO IT HERE IN
SACRAMENTO. THEY JUST HAD A
RECENT SHOOTING IN WEST
SACRAMENTO AND WEST SAC HAS A
POLICY THAT SAYS THAT CHRIS
EVERT I Y. S. INCIDENTS. THEY
WILL HAVE AN ADJACENT
JURISDICTION BE THE LEAD. SO
THEY I THINK IS DAVIS OR CITIES
THAT COMES IN SO IT'S NOT LIKE.
A WET SACK PEOPLE AREN'T. THERE
BUT YOU KNOW THERE'S JUST WHEN.
POLICE THEM. AND SO HAVING.
ANOTHER OUTSIDE JURISDICTION
GRANTED SOME PEOPLE SAY THEY'RE
STILL PLACE THEIR FROM TWENTY
MILES OVER BUT- IT'S A LITTLE
MORE TRANSPARENCY AND I WOULD
THINK TRUST IF YOU HAVE ANY
ADJACENT AGENCY. DOING THAT.
VALLEJO OBVIOUSLY DID NOT HAVE
THAT. I THINK THAT'S A FLY ON
THE ENTIRE CALIFORNIA LEAGUE
SYSTEM WE SHOULD BE JUST THAT.
BUT DO YOU HAVE EXAMPLES OF
WHERE THAT WORKS IN THAT BRINGS
ABOUT MORE. TRUSTING THE
PROCESS. SURE- AND I AND I AND
I PRESUME YOU'RE TALKING ABOUT
THE INVESTIGATIONS THEMSELVES
RIGHT SO- IN SAN FRANCISCO FOR
EXAMPLE- THE POLICE DEPARTMENT
OF POLICE ACCOUNTABILITY
ACTUALLY INVESTIGATES OFFICER
INVOLVED SHOOTINGS AND ANY
COMPLAINTS THAT ARE FILED OUT
OF THE OFFICERS. ACTED
ALLEGATIONS OF EXCESSIVE FORCE
OR BE USING THEIR AUTHORITY
THAT IS INDEPENDENT AGENCY THAT
IS NOT THAT A CIVILIAN LED AND
IS NOT- THE GOVERNOR IF YOU
WILL BY THE POLICE DEPARTMENT
ITSELF NOW IT'S STILL WITHIN
THEIR JURISDICTIONS BUT IT'S AN
INDEPENDENT INVESTIGATION AND
PROP MOST IMPORTANTLY. THEIR
INVESTIGATION BEGINS AT THE
SAME TIME SO THEY'RE NOT RUBBER
STAMPING ANOTHER JURISDICTION
OR THAT POLICE DEPARTMENT'S
INVESTIGATION. ESSENTIALLY THE
FOUNDATION IS MADE RIGHT THERE
ON THE SPOT AND THEY'RE A PART
OF IT VERSES. REVIEWING AN
INVESTIGATION WHEN OFFICERS OF
ALREADY BEEN COUNSELED FOR
THEY'VE ALREADY GIVEN
STATEMENTS AND YOU'RE REALLY
JUST SIFTING THROUGH WHAT
SOMEONE ELSE HAS ALREADY DONE
THE CAKE HAS ALREADY BEEN MADE
AT THAT POINT SO I THINK THAT'S
A VERY IMPORTANT MODEL AND I
THINK THAT THAT COULD BE
REPLICATED AROUND THE STATE. IN
PARTICULAR I KNOW THAT MISTER
HENDERSON WAS HERE EARLIER
SPEAKING SHOWS THAT MODEL IN
THE WAY IN WHICH IT SHOULD BE
REPLICATED IN FACT- THAT THAT
SHOULD BE A STATE MODEL FOR THE
STATE OF CALIFORNIA AND I THINK
THAT GIVEN HIS EXPERIENCE
PROBABLY THE RIGHT PERSON TO DO
THAT ON A STATEWIDE BASIS AND
THAT'S WHAT WE NEED TO TAKE
PLACE HERE BECAUSE THERE'S JUST
A INHERENT CONFLICT. WHEN YOU
HAVE OFFICERS INVESTIGATING
THEIR BODIES THEIR COWORKERS
THEIR FRIENDS WHEN SO MUCH IS
HANGING IN THE BALANCE IS VERY
IMPORTANT FOR THE PUBLIC TRUST.
FOR OUR COMMITMENT TO
TRANSPARENCY THAT THERE'S AN
INDEPENDENT INVESTIGATION INTO
THESE INCIDENTS OF THIS POLICE
MISCONDUCT. THANK YOU VERY MUCH
MR MCCARTY COMPLETE THANK YOU
SIR THANK YOU VERY MUCH WE GO
TO- ASSEMBLY WOMAN- RADIUS AND
THEN WE WILL GO TO MISTER.
DAVID E. THE STACK ME
AFTERWARDS. MS RAISE YOU UP TO
BAT. YOU MISTER CHAIR- THIS
THIS CONCEPT TO PROVIDED BY A
PROFESSOR EMERITUS I THINK IS
WONDERFUL I CAN TELL BY THE
QUESTIONS IN THE COMMENTS FROM
MY COLLEAGUES THAT THIS IS
SOMETHING THAT WE WILL BE
EXPLORING. IT IT APPEARS THAT
WHAT WE'RE TRYING TO DO IS TO
REGAIN THE TRUST YEAH AND IT'S
THE TRUST OF OUR POLICE
DEPARTMENT WITH THE COMMUNITY
THAT THEY'RE SERVING IN THE
COMMUNITY THAT'S BEING SERVED
GREATER TRUST IN THE POLICE.
DEPARTMENT OF THE POLICE
OFFICERS THAT ARE THAT ARE THAT
ARE PROTECTING THEM AND ONE OF
THE IMPORTANT THINGS IT'S A
IT'S EVIDENT HERE IS THAT BOTH
THE DEPARTMENTS AND THE
COMMUNITY WANT TO BE READ OF
THE BAD. OFFICERS I THINK IF WE
AS WE PROVIDE THIS PROTECTION
TO THE PUBLIC. FIGURING OUT A
WAY THAT WE PROTECT OUR
MUNICIPALITIES- IT. IS
SOMETHING THAT WE'VE ALL BEEN
TRYING TO FIGURE OUT AS WE LOOK
THROUGH THIS PROCESS. BUT THIS
INSURANCE POLICY BECOMES A
SECONDARY EVALUATION OR
SECONDARY INVESTIGATION OF OUR
POLICE OFFICERS. AND I THINK
THAT IN AND OF ITSELF BECOME
SUCH AN IMPORTANT PART OF THIS
BECAUSE WE HAVE WE TALKED
EARLIER ABOUT CIVILIAN-
COMMITTEES THAT DO THAT TO
PARTICIPATE IN THE IT
INVESTIGATIONS BUT THIS BECOMES.
IT'S VERY VERY OBJECTIVE AND IF
YOU DON'T IF YOU ARE REQUIRED
TO HAVE LIABILITY COVERAGE TO
HOLD THE POSITION THE
PROFESSIONAL POSITION OF POLICE
OFFICER AND THERE IS NO
INSURANCE COMPANY WILLING TO
PROVIDE THAT TO YOU. YOU CAN'T
GET THE JOB. AND THAT'S THE END
OF IT AND IT RATHER THAN HAVING
THE POLICE DEPARTMENT AND THE
CHIEFS- AND TO THE UNION TRYING
TO FIGURE OUT JUST WHAT TO DO.
IF THE REQUIREMENT IS THAT YOU
HAVE TO HAVE LIABILITY
INSURANCE THAT'S A REQUIREMENT
AND IF YOU CAN'T GET IT THERE
HAS TO BE A REASON. WOULD BE
DUE PROCESS SO THAT IF IT'S
DENIED THAT THEY SHOULD BE ABLE
TO- APPEAL THAT. IT'S BASED ON
A DECISION OR A RECORD IN IN
THEIR FILE THEY SHOULD BE ABLE
TO HAVE A CHANCE TO FIX THAT
WELL I THINK THAT IN THE END
THAT BECOMES A WIN WIN. FOR ALL
OF OUR GREAT OFFICERS THAT ARE
DOING THE RIGHT THING- AND IT
DOESN'T PUT THEM ON THE
DEFENSIVE OF IT HAVING TO TURN
IN A BROTHER OR SISTER. BUT IT
ALSO ENSURES THAT WE HAVE THE
BEST ON THE STREET REPRESENTING
REPRESENTING ALL OF US- I EAT
IT THAT WAY YEAH THE
DECERTIFICATION OF COURSE WE'VE
TALKED ABOUT- BUT AT THE-
PROFESSOR EMERITUS IN YEAH AND-
IN THE EVALUATION. TO DO YOU
SEE ANY OF. AS EIGHT EIGHT- AN
APPEALS PROCESS IF ONE OF OUR
OFFICERS IS DENIED THIS
COVERAGE- BUT HAVE YOU LOOKED.
DETERMINED WHAT THE APPEALS
PROCESS WOULD BE FOR THEM.
CAN'T HEAR YOU CAN YOU HEAR ME
NOW YES YES MA'AM- IN MANY
STATES ARE THERE IS OUR BOARD
AND ADMINISTRATIVE BOARD THAT
YOU CAN TURN TO IF YOU FEEL
THAT OUR DRIVER'S INSURANCE OR
ANY OTHER INSURANCE- THAT THAT
THE PREMIUMS WERE
INAPPROPRIATE. SO IF YOU'RE A
DRIVER- YOU GO TO THIS
ADMINISTRATIVE BOARD EXISTS I
BELIEVE IN EVERY STATE AND YOU
SAY. I DIDN'T DO ANYTHING AND
THEY RAISE MY PREMIUM AND THE
DEPARTMENT OF INSURANCE WAYS
AND THEN SAYS WELL BUT YOU HIT
TWO PEOPLE AND YOU HAD TO DRUNK
DRIVING'S AND THE EITHER
AFFIRM. OR OR SAY THAT IT WAS
UNJUSTIFIED THE SETTING OF THE
PREMIUM THE PRINT YOU KNOW WHAT
WHAT YOU PAY- THEN AFTER THAT
BECAUSE IT'S AN ADMINISTRATIVE
TRIBUNAL YOU THEN GO TO- THE
TRIAL COURT. AND A COURT
REVIEWS THE ADMINISTRATIVE
DECISION WHETHER TO AFFIRM- THE
SETTING OF THE PREMIUM AND SO A
JUDGE- LOOKS AT IT AND MAKES A
DETERMINATION USING DEFERENCE
TO THE EXPERIENCE OF THE
INSURANCE DEPARTMENT- IN
ASSESSING THE- INSURANCE
COMPANIES DECISION BUT NONE THE
LESS LOOKING AT IT AND SAYING
IS THERE REASONABLE BASIS WHAT
WAS THE EVIDENCE- WAS THE
EVIDENCE. OBJECTIVE OR
SUBJECTIVE- IS IT THE KIND OF
THING THAT A REASONABLE PERSON
CAN RELY UPON- AND THINGS OF
THAT NATURE- AND THAT HAS
WORKED IN THE DRIVING CONTEXT
BECAUSE FOR EXAMPLE TRUCK
DRIVERS. COMPLAINED TO THEIR
UNION THAT SOMETIMES THEIR
PREMIUMS WERE BEING SET SO HIGH
THAT THEY WERE PRICED OUT OF
TRUCK DRIVING. AND THE UNION
SAID WE CAN DO NOTHING ABOUT
THAT THAT IS A MATTER OF PUBLIC
POLICY IS ON INDEPENDENT
TERMINATION OF RISK ASSESSMENT
ON THE ROADS. AND ARM SO IT
DOESN'T IMPLICATE THE UNION AND
YOU HAVE TO GO THROUGH THE
ADMINISTRATIVE PROCESS AND THEN
THROUGH THE JUDICIAL PROCESS
AND IF AFTER THAT- THERE'S A
DETERMINATION OBVIOUSLY EVEN
AFTER. THE JUDICIAL PROCESS YOU
COULD APPEAL TO THE APPELLATE
COURT FOR AN APPELLATE DECISION
OF THE JUDICIAL DECISION ALL
THE ADMINISTRATIVE DECISION OF
THE INSURANCE COMPANY DECISION
BUT THAT ALL. THOSE STRUCTURES
ALREADY EXIST. THANK YOU IT
MISTER CHAIR FOR MAY DO A
FOLLOW QUESTION PLEASE WITH THE
OTHER TWO YES PLEASE. MISTER
MISTAKENLY AND TO MISTER
TOUCHSTONE YOU REPRESENTING OUR
POLICE OFFICERS AND ALSO
REPRESENTING OUR POLICE CHIEFS.
BUT WHAT IS YOUR IDEA OF THIS
NOVEL- CONCEPT OF. A
PROFESSIONAL LIABILITY
INSURANCE BEING A REQUIREMENT
FOR LAW ENFORCEMENT. YEAH WELL
THE. ONE MISTER MISTER YOU CAN
GO FIRST ANA GO AHEAD PLEASE
THANK YOU FOR THE OPPORTUNITY
TO RESPOND WELL I GENERALLY
FAVOR OUTSIDE OF THE BOX
THINKING I THINK THAT THIS IDEA
IS ILL ADVISED AND FATALLY
FLAWED FOR A NUMBER OF REASONS.
STARTING WITH THAT CALIFORNIA
VALUES INCLUDE. UNIONS
COLLECTIVE BARGAINING RIGHTS
CIVIL SERVICE RULES THAT WE
HAVE MERIT BASED HIRING NOT
CRONYISM HAS BEEN FOR OVER A
HUNDRED YEARS AND THAT YOU HAVE
FAIRNESS AND ROOT OUT
DISCRIMINATION. AND OPEN PUBLIC
EMPLOYMENTS TO EVERYONE AND
ANOTHER CALIFORNIA VALUE AND
THIS IS BETTER RECOGNIZED BY
THE COURTS AND IN A NUMBER OF
STATUTES IS THAT EMPLOYEES
SHOULD BE INDEMNIFIED BY THEIR
EMPLOYERS. BOTH IN THE PRIVATE
SECTOR AND PRIVATE SECTOR AND
IN THE PUBLIC SECTOR. AND
RECEIVE A DEFENSE AND IF YOU
LOOK AT LABOR CODE TWENTY EIGHT
OH TWO THERE IS A GENERAL RIGHT
OF INDEMNITY THAT APPLIES TO
ALL EMPLOYEES IN CALIFORNIA.
THERE ARE GOVERNMENT CODE
SECTIONS THAT ARE SPECIFIC TO
PUBLIC EMPLOYEES THAT REFINED
THOSE. VAN NUYS IN DEAL WITH.
THE GOVERNMENT BECAUSE NINE
NINE FIVE AND EIGHT TWENTY FIVE
THEY DEAL WITH THE RIGHT TO BE
DEFENDED AND INDEMNIFIED AND
THOSE ARE VERY IMPORTANT FROM A
PUBLIC POLICY STANDPOINT
BECAUSE- YOU HAVE TO ALSO THINK
ABOUT THE SITUATIONS IN
CALIFORNIA WHERE ANY CRITICAL
INCIDENT AN OFFICER IS GOING TO
GET SUED THAT'S JUST THE FACT
REGARDLESS OF WHETHER OR NOT
THE OFFICER'S ACTIONS WERE
JUSTIFIED OR APPROPRIATE. AND
BECAUSE OF JOINT AND SEVERAL
LIABILITY THE PUBLIC ENTITY IS
THE DEEP POCKETS AND THE PUBLIC
ENTITY IS THE ONE THAT THE
PLAINTIFFS LAWYERS ARE GOING TO
BE. I MERRILY SEEKING
COMPENSATION FROM AND SO IF YOU
CREATE A SPLIT WHERE. A PUBLIC
EMPLOYER MIGHT FOR A GOOD
ECONOMIC REASONS DECIDE HEY I
CAN SETTLE THIS CASE FOR TEN
THOUSAND DOLLARS AND THAT'S
CHEAPER THAN TRYING IT EVEN
THOUGH WE WOULD WIN IT WOULD
COST US FIFTY THOUSAND DOLLARS.
WELL IF THE OFFICER IS GOING TO
HAVE TO YOU KNOW THESE ARE
WORKING MEN AND WOMEN MAKING
FORTY FIFTY THOUSAND DOLLARS A
YEAR. GO OUT OF POCKET FOR THAT
EXPENSE THEY'RE GONNA REFUSE TO
SETTLE THE CASE. AND FORCE
CASES TO TRIAL AND SO I THINK
THOSE ADVERSE CONSEQUENCES-
NEED TO BE CONSIDERED I'M SURE
MR TOUCHSTONE HAS. MORE
INSIGHTS ON THAT BUT I WANT TO
HIT A COUPLE OF OTHER THINGS
THAT I THINK THERE. ARE
CRITICALLY MISSING. NUMBER ONE
LAW ENFORCEMENT IS NOT
ANALOGOUS TO PRIVATE SECTOR.
PROFESSIONS THERE ARE SOME
PUBLIC SECTOR PROFESSIONS YOU
KNOW YOU HAVE DOCTORS AND I
REPRESENT A LOT OF PUBLIC
ATTORNEYS AND THEIR PRIVATE
SECTOR ATTORNEYS AND PUBLIC
SECTOR ATTORNEYS BUT LAW
ENFORCEMENT IS UNIQUE. WE ASK
THESE MEN AND WOMEN TO RUN
TOWARDS THE SOUND OF THE
GUNFIRE. TO PROTECT US AND IF
YOU LOOK AT PROFESSOR REMEMBERS
HIS PROPOSALS. OR REALLY ANY
KIND OF INSURANCE RACKS WORRY
ILL ASSESSMENT. IT'S NOT MERIT
BASED THESE CASES ARE TOO
SPECIFIC AND UNIQUE THAT YOU
LOOK AT STATISTICAL MODELS.
THAT HISTORICALLY HAVE BEEN
USED TO DISCRIMINATE AGAINST
PEOPLE IN TERMS OF LENDING
HOUSING AND EMPLOYMENT. AND IF
THEY LOOK AT THINGS. YOU'RE
COURTING TO MRS AMERICA
PROFESSOR MARISS. PAPERS IT'S
HOW MANY TIMES YOU'VE BEEN SUIT
HAS BEEN SETTLED IT'S NOT A
DETERMINATION AS TO WHETHER OR
NOT THE OFFICER ACTUALLY DID
SOMETHING WRONG. HOW MANY TIMES
HAVE YOU HAD AN INTERNAL
AFFAIRS COMPLAINT AGAINST YOU
HAVE YOU BEEN INVOLVED IN A
CRITICAL INCIDENT INCLUDING BY
THE WAY. EVEN IF THE OFFICER
DIDN'T USE FORCE IN WAS JUST
PRESIDENT. YOU LOOK AT THE
ASSIGNMENTS THAT OFFICERS HAVE
COULD YOU WILL CREATE VERY
PERVERSE INCENTIVES WHERE
OFFICERS IN ORDER TO PROTECT
THEIR JOB IN THEIR PENSION WILL
SHY AWAY FROM. THE WORK THAT WE
NEED THE MOST TO DO AND THAT IS
TO RUN TO THE SOUND OF THE GUN.
TO PROTECT US THIS. WHEN SOME
IS CREATE AN IMAGE THREAT. AND
SO IF YOU'RE HONEST TEAM FOR
INSTANCE YOU'RE GOING TO BE
INVOLVED IN A DISPROPORTIONATE
AMOUNT OF CRITICAL INCIDENTS.
PROBABLY OVER HALF OF THE
CRITICAL INCIDENTS OF YOUR
AGENCY YOU WILL INSTANTLY GET
PRICED OUT OF. BEING A PEACE
OFFICER UNDER THIS MODEL IF
YOU'RE ON A WARRANT STEAM WHERE
YOU'RE- GOING AND ARRESTING.
VIOLENT FELONS YOUR MUCH HIGHER
LIKELIHOOD OF. HAVING TO DEFEND
YOURSELF IN A USE OF FORCE
SITUATION OR HAVING A COMPLAINT
MADE AGAINST YOU. AND WE REALLY
AS A SOCIETY WANT TO SET UP A
SYSTEM WHERE OFFICERS ARE
INCENTIVIZED TO TRY TO GET INTO
TRAINING OR OR- INVESTIGATIONS
ARE DESK WORK. ANNA ANNA VOID
PATROL WHERE THAT OFFICERS ON
PATROL ARE SCARED TO TAKE
PROACTIVE ACTION THAT WE ASK
THEM TO DO WE WANT THEM TO DO.
AND ONLY RESPOND TO. DISPATCH
CALLS FOR SERVICE BECAUSE
THEY'RE SCARED THAT THEY WILL
GET. PRICED OUT OF. THIS MARKET
THERE'S OTHER CONSTITUTIONAL
PROBLEMS AND YOU RESPECTFULLY I
CALIFORNIA NOT LIKE BOSTON AND
SOME OF THESE OTHER STATES. WE
HAVE A HOME RULE HERE WHICH
PROHIBITS THE STATE FROM
SETTING COMPENSATION FOR LOCAL
EMPLOYEES IN SAYS MY
UNDERSTANDING OF THIS PROPOSAL
WOULD BE. THAT LOCAL ENTITIES
WOULD BE MANDATED TO ENSURE A
BASE LEVEL OF INSURANCE WHICH
IS AN INTERFERENCE IN MUNICIPAL
AFFAIRS BECAUSE MANY AGENCIES
CHOOSE TO SELF INSURE. AND THEN
WOULD BE PROHIBITED FROM
AGREEING TO A COMPENSATION
PACKAGE THAT WOULD COVER THE
COST OF. THE INDEMNIFICATION
AND SO THE EFFECT WOULD BE WE
WOULD BE SINGLING OUT A
SPECIFIC CLASS OF EMPLOYEES AND
SAY THE RULES THAT APPLY. TO
EVERY OTHER EMPLOYEE IN
CALIFORNIA. DO NOT APPLY TO THE
MEN AND WOMEN WHO PUT THEIR
LIVES ON THE LINE TO PROTECT
US. AND WE WOULD BE CREATING
THESE INCENTIVES THAT I THINK
ARE. CONTRARY TO PUBLIC POLICY
WHEN YOU LOOK AT. YOU KNOW AS
MR LACKEY SAID OTHER
PROFESSIONS LIKE DOCTORS AND
LAWYERS THEY HAVE TIME. AND
THEY HAVE TRANQUILITY TO MAKE
JUDGMENTS THEY ALSO DON'T HAVE
TO BUY INDIVIDUAL INSURANCE
THAT'S A MISNOMER UNLESS YOU'RE
A SOLO PRACTITIONER. EVERY TURN
AT MY OFFICE IS INSURED BY THE
BUSINESS FOR THEIR MALPRACTICE
THE SAME IS TRUE OF MEDICAL
GROUPS PUBLIC ATTORNEY'S.
PUBLIC DOCTORS. AND SO. FROM
JUST A FUNDAMENTAL POLICY
STANDPOINT I BELIEVE STRONGLY
THAT WE DON'T WANT TO PUT IN
PLACE. INCENTIVES THAT MAKE
AGENCIES AND OFFICERS NOT ONE
TO RUN TO THE SOUND OF THE
GUNFIRE NOT WANT TO GIVE US
PROTECTION AND ONE FINAL POINT
IS THE SUPREME COURT AND THIS
BODY RECOGNIZED THAT BECAUSE-
EVERY NINETEEN SEVENTY NINE
WITH THE STATUTE CALLED
MICROSOFT THAT WE WERE GOING TO
PRICE DOCTORS OUT OF THE MARKET
WITH MALPRACTICE INSURANCE IN
CALIFORNIA. AND SO THE STATE
IMPOSED A HARD CAP OF TWO
HUNDRED AND FIFTY THOUSAND
DOLLARS IN LIABILITY ON DOCTORS
IN ORDER TO STABILIZE. THE
INSURANCE MARKET SO THAT YOU
DON'T HAVE A FLIGHT OF DOCTORS
FROM THE STATE AND I WOULD
SUBMIT. TO THIS BODY THAT THERE
IS A VERY REAL RISK WE ALREADY
HAVE A SHORTAGE OF OFFICERS IN
THE STATE THAT THIS
PRESCRIPTION. I THINK IT WOULD
BE FAR WORSE THAN THE PROBLEM
THAT IT'S TRYING TO SOLVE. JUST
ONE COMMENT IF I MAY- MISTER
MISTAKENLY YOU SAID THAT BUT
DEPLOYS- ARTICLE WOULD BE AT
IDENTA INDEMNIFIED- AND THAT
THAT'S A RIGHT THEY HAVE.
HOWEVER FOR AND IF AN EMPLOYEE
CAN CORRECT ME IF I'M WRONG IF
AN EMPLOYEE- IT IS HE IS FOUND
GUILTY OF CRIMINAL CONDUCT. THE
RULES ARE NOT THE SAME IF THEY
DID AN INTENTIONAL CRIMINAL ACT
THEN THEY ARE GOING TO BE THEY
CAN BE HELD PERSONALLY
RESPONSIBLE BUT IN ALL OTHER
INSTANCES I WOULD AGREE WITH
YOU THAT AN EMPLOYEE EING AN
EMPLOYEE OF THE CITY OF THE
MUNICIPAL HELPED ME JUST BE A
MUNICIPALITY WOULD- WOULD HAVE
THAT PROTECTION. BUT IT IS AT
THIS POINT GET THAT NOT I THANK
YOU FOR POINTING THAT OUT I
DID- MET THAT THE
INDEMNIFICATION IS LIMITED TO
COURSE AND SCOPE AND SO IF AN
OFFICER GO COULD IT COMMITS A
CRIME THAT'S NOT WITHIN THE
COURSE AND SCOPE OF THEIR
EMPLOYMENT THEY'RE NOT
INDEMNIFIED NOR SHOULD THEY BE
IN THE SAME IS TRUE OF PUNITIVE
DAMAGES WHEN THERE'S AN
INTENTIONAL VIOLATION OF
SOMEONE'S CONSTITUTIONAL RIGHTS
BUT IN THE ROUTINE DAY TO DAY
EMPLOYMENT. I SEND YOU TO THE
SHOT FIRED THE SHOTS FIRED CALL
AND YOU APPROPRIATELY DEFEND
YOURSELF OR TO FIND A MEMBER OF
THE PUBLIC FOR SURE YOU'RE
GETTING STUDENT CALIFORNIANS SO
AN INSURANCE BROKER LOOKING AT
THAT IS GOING TO SAY WELL
YOU'RE ON THE SWAT TEAM YOU'RE
GOING TO BE RESPONDING TO CALLS
THAT MEANS YOU'RE GONNA GET
SUED I DON'T CARE WHETHER OR
NOT. YOU DID ANYTHING WRONG I
JUST CARE THAT MIGHT YOUR
LIABILITIES GOING TO GO UP AND
I'M GONNA HAVE TO DEFEND MORE
LAWSUITS BECAUSE OF THIS
ASSIGNMENT THAT YOU TOOK AND SO
YOU'RE PRICED OUT OF THE
PROFESSION I THINK THOSE ARE
REALLY IMPORTANT POINTS I THINK
THAT IF THIS IS PURSUED AS HAS
BEEN NOTED BY SOME OF MY
COLLEAGUES. I THINK YOUR VOICE
IS IMPORTANT TO YOU CERTAINLY
DO A GREAT JOB OF DEFENDING THE
RIGHTS OF OUR OFFICERS YOUR
COMMENTS ARE- VERY WELL TAKEN
AND THAT THAT VOICE NEEDS TO BE
HEARD AS WE IF THIS IS
SOMETHING WE WOULD WE WOULD BE
INTERESTED IN IMPLEMENTING
BECAUSE. IT SEEMS THAT. OTHER I
DO. HAPPEN TO REALLY WORKED IN
THAT WE GOT TO FIND THOSE NON.
IDEAS AS YOU SAID WE HAVE TO
LOOK OUTSIDE OF THE BOX BUT-
THANK YOU THANK YOU FOR THOSE
COMMENTS. THANK YOU MISTER.
TOUCHSTONE S. THANK YOU MA'AM I
GO MANY OF MY COLLEAGUES
COMMENTS ON THAT QUITE FRANKLY
NUMBER ONE POLICING IS UNIQUE-
IT IS SOMETHING WHERE A PERSON
IS PLACED IN A LIFE ENDANGERING
SITUATION HAS TO MAKE SPLIT
SECOND JUDGMENTS IT IS NOT
COMPARABLE WHATSOEVER IN MY
OPINION TO DOCTORS WHO- HAVE
TIME TO PLAN TO MAKE A SURGICAL
PLAN EXAMINE A PATIENT MULTIPLE
TIMES BEFORE THEIR FACE TO MAKE
A LIFE OR DEATH SITUATION AND
BY THE WAY QUITE FRANKLY IF YOU
LOOK AT THE STATISTICS FOR
MEDICAL MALPRACTICE THEREFORE
MORE PEOPLE DYING TO DO THAT
THAN ANY POLICING ACTIONS ARE
TO TAKE PLACE IN ANY STATE. AND
YET WE ARE LIMITING THROUGH
MICRO THE DAMAGES THAT CAN BE
WAR AWARDED AGAINST DOCTORS WHY
BUT THE REASON THE MISTER
STAGNANT JUST MENTIONED THERE
WAS A FLOOD OF DOCTORS FROM
CALIFORNIA- AND THAT'S WHAT
PRECIPITATED THE ESTABLISHMENT
OF MY PREFECT AYE MY FIRST JOB.
OUT OF LAW SCHOOL I REPRESENTED
DOCTORS. DEFENDING A MATTER
MAIL- ACT. SO THAT'S EXACTLY
TRUE IT WILL RESULT IN- NOT
ONLY WEST PEOPLE. BEING IN THE
PROFESSION BUT ALSO DEEPLY SENT.
IF YOU'RE GOING TO BE IN A
SITUATION WHERE YOU MAY BE
SUBJECTED TO A LIFE AND DEATH
SITUATION YOU'RE GOING TO KEEP
DRIVING A POLICE CRUISER AROUND
WITHOUT HAVING ANY KIND OF
PROACTIVE POLICING AND WE KNOW
STATISTICALLY WHAT DOES THAT DO
THAT RESULTS IN A DECLINATION
OF PUBLIC SAFETY FOR ALL THE
CITIZENS OF THE SNOW STATE.
CITIZENS AND RESIDENTS I SHOULD
SELECT SO I THAT IS THAT THOSE
STATISTICS WE PRUDENT AND
FRANKLY THIS IS CALIFORNIA IT'S
NOT CHICAGO NOT NEW YORK THAT
OFFICER FROM NEW YORK WOULD NOT
BE ON ANY POLICE FORCE THAT I
REPRESENT HERE IN THE STATE OF
CALIFORNIA. WITH YOU HAD THAT
MANY SUSTAIN COMPLAINTS IN ON
THAT ISSUE I MEAN IS IT THE
MODEL OF. ACTUARIAL CITING IT
IS EXACTLY TRUE ANYONE CAN GET
SUITED ANYTIME THAT DOESN'T
NECESSARILY MEAN THAT THAT
LAWSUIT DOESN'T AMERICAN IF
YOU'RE GOING TO USE. AS AN
ACTUARIAL FACTOR. ANYONE CAN BE.
PRICED OUT OF POLICING. A THE
MEDIA BECAUSE JUST. JUST
BECAUSE YOU'RE SUBJECT TO A
LAWSUIT OR A CITIZENS
COMPLAINT. AND BY THE WAY I'M
ALL FOR OBVIOUSLY FOR SUSAN'S
COMPLAINT IS. SUSTAINED THAT
OFFICER SHOULD BE DISCIPLINED.
THAT'S WHAT MY FIRM DICE AND WE
DO IT ALL THE TIME. HOWEVER THE
MERE. ALLEGATION OF. MISCONDUCT
IS SOMETHING THAT'S ENTIRELY
DIFFERENT AND IF THAT IS A
FACTOR USE FOR. TERMINATING
THIS ACTUARIAL TABLES FOR
OFFICERS I COULD FILE TWENTY
DIFFERENT- COMPLAINTS RIGHT NOW
TODAY AGAINST TWENTY DIFFERENT
OFFICERS AT THE LOCAL POLICE
DEPARTMENT RIGHT DOWN THE
STREET FOR ME. THAT DOESN'T
MEAN THAT ANY OF THEM OR MISS-
HAVE ANY MERIT AT ALL. THE AND
WE WOULDN'T KNOW THAT UNTIL WE
GO THROUGH THAT PROCESS BUT IF
YOU'RE LOOKING AT THAT SOLELY.
DOWN. THAT SIMPLY IT'S GOING
TO. I'M IT COULD POTENTIALLY.
GET OUT OF POLICE HUGE SHOULD
EMPLOYED. AND QUITE FRANKLY
WHILE WE'RE ON THE SUBJECT I
MEAN FOR LOOKING AT THAT I
THINK THAT THE COMMITTEE WOULD
SHOULD REALLY LOOK AT.
MODIFYING PENAL CODE SECTION
ONE FORTY EIGHT POINT SIX
THAT'S BEEN HELD
UNCONSTITUTIONAL BY THE NINTH
CIRCUIT AND THAT'S A- THING
THAT MAKES IT A CRIME TO MAKE A
FALSE COMPLAINT AGAINST A
POLICE OFFICER. ALL YOU HAVE TO
DO IS MAKE THAT CONTENT NEUTRAL
TO- FIX THAT A- CONSTITUTIONAL
ISSUE AND WE COULD HELP PREVENT
SOME OF THESE COMPLAINTS. I
WILL TELL YOU QUITE FRANKLY
SOME OF THE CRIMINAL ELEMENT I
VERY SOPHISTICATED. THERE ARE
OFFICERS WHO ARE IN DIFFICULT
ASSIGNMENTS SUCH AS DRUG
ENFORCEMENT. PLATOONS AND SO
FORTH. IT MANY TIMES AGAIN A
TYPICALLY. A GANG MEMBERS- TELL
ACTIVITY THEY WILL GO IN AND
INTENTIONALLY FILE CITIZENS
COMPLAINTS AGAINST OFFICER OVER
AND OVER AND OVER AGAIN BECAUSE
THAT CREATES THIS PIN NUMBER OF
THIS CONTACT ABOUT THAT OFFICER
EVEN THOUGH NONE OF THEM MAY BE
MERITORIOUS I'VE SEEN NOT.
WHERE YOU HAVE AN OFFICER WHO
IS SOMEONE WHO IS ENGAGING AND
PROPER POLICING AND IS
RESULTING IN THE REST OF THESE-
MEMBERS OF THESE CRIMINAL
ORGANIZATIONS BUT THEY'RE WHAT
THEY'RE DOING ITS IT'S A
COUNTER OFFENSIVE QUITE FRANKLY
AND SOMETIMES NOT OFFICER EVEN
THOUGH NONE OF THOSE TO STATES
OR COMPLAINTS OR SUSTAIN ITS
MOVE TO ANOTHER ASSIGNMENT
WHERE HE OR SHE IS NO LONGER A
PROBLEM A PROBLEM FOR THAT
CRIME ORGANIZATION. SO THIS IS
SOMETHING THAT I THINK YOU
REALLY NEED TO TAKE A DEEP DIVE
ON BEFORE YOU MAKE ANY CALLS
CITIZENS ABOUT THESE ISSUES
TOUCHTONE HARM YEP THANK THANK
YOU VERY MUCH WE HAVE TO
MEMBERS IN THE QUEUE AND I SEE
MISTER A POINTER UP WHO'S ONE
OF OUR PRESENTERS GOING TO
RECOGNIZE HIM- MYSTERIES ARE
YOU COMPLETE. YES THANK YOU
MUST CHAIR THANK YOU SO VERY I
WANT TO GO TO MISTER A CHAT
MAYES- WHO'S ON THE LINE- AND
THEN WE WILL. GO TO MISTER
POINTER AND THEN MR MCCARTY. MR
MACE. AND WE THROUGHOUT THE
PUBLIC COMMENT TO SELL CREDIT.
CHECK OUT YES I JUST WANTED TO-
TALK ABOUT THE LAST COUPLE OF
THE PRESENTERS- AND MAYBE- YOU
BACK ON I MISS IS RACIST
COMMENTS- THE FACT THAT MRS
RAMIREZ IS PROPOSAL- BUT TALK
ABOUT PROFESSIONAL LIABILITY
INSURANCE THE FIRST I'VE HEARD
OF IT TODAY- AND- IT'S I THINK
THIS COMMITTEE IS LOOKING FOR.
A THE ART OF THE POSSIBLE I'VE
BEEN IN THE LEGISLATURE.
NOW
FOR SIX YEARS. PUZZLE MIGHT
HAVE ITS FLAWS- I DO THINK IT'S
WORTH EXPLORING AND I THINK
IT'S ALSO A WORTH- THOSE WHO
MIGHT BE OPPOSED TO IT ACTUALLY
SIT DOWN AT A TABLE AND KIND OF
WORK THROUGH THINGS BECAUSE-
THE LEGISLATIVE PROCESS- IS CAN
BE MESSY BUT OFTEN WHEN. A
COMPETING COMPETING VALUES CIDR
TO TABLE YOU CAN COME UP WITH
SOMETHING THAT THAT WORKS- WHAT
I DON'T WANT TO SEE IT COME OUT
OF THIS COMMITTEE AND IN THE
LEGISLATURE TO THIS NEXT YEAR.
IS SOME SORT OF PROPOSAL THAT
WOULDN'T WORK A MORE SORT OF
FORCING IT DOWN THE THROAT OF
SOMEBODY THE OTHER SIDE WE NEED
TO FIGURE OUT HOW WE CAN SIT
DOWN AND COME UP WITH WITH THE
SOLUTION AND THIS IDEA
PROFESSIONAL LIABILITY
INSURANCE I DON'T THINK WE
SHOULD BE DISMISSING IT- AT ALL
RIGHT WE'VE ONLY HEARD- WE'VE
ONLY HAD A DISCUSSION NOW FOR.
FOR THIRTY OR FORTY FIVE
MINUTES ON IT I DO THINK IT'S
SOMETHING THAT WE NEED TO
EXPLORE- WE NEED TO SEE IF THIS
WILL WORK IF IT DOESN'T WORK
THEN FINE WE'LL MOVE ON TO
SOMETHING ELSE BUT THIS
COMMITTEE IS ABOUT THE ART OF
THE POSSIBLE AND HOW WE CAN IN
CALIFORNIA. A REALLY LEAD ON
THE ON THESE ISSUES SO- I WOULD
LOVE TO BE ABLE TO HAVE MORE
CONVERSATIONS WITH YEAH I WOULD
HOPE THAT IT- THAT WELL YOU
WOULD REACH OUT TO ME- OR REACH
OUT TO OTHER COMMITTEE MEMBERS
AND TO BE ABLE TO CONTINUE HAVE
THIS CONVERSATION MAYBE PUT
SOMETHING OUT IF THERE IS A
PIECE OF LEGISLATION- THAT
SOMEBODY WOULD BE INTERESTED IN
IN. IN AUTHORING AND THEN WE
CAN BEGIN TO HAVE THIS
CONVERSATION BUT WE NEED TO WE
NEED TO LOOK FOR THE ART OF THE
POSSIBLE NOT JUST DISMISS
THINGS OUT RIGHT. THANK YOU
VERY MUCH WE WANT TO GO TO I'M
GOING TO GO TO MR MCCARTY AND
THEN HAVE JUST POINTED OUT THE
FINAL WORD- MISTER MCCARTY.
YEAH SO LOOK WE'RE NOT VOTING
ON A BILL TODAY- NOT A PROPOSAL
BUT I'M JUST KIND OF CONFUSE
THAT PEOPLE ARE CONFLATING
THEIR PROPOSALS AND YOU KNOW
WHILE I'M SITTING HERE. I'M
READING WHAT HAPPENED IN
COLORADO IN THE IDEA OF TWENTY
FIVE THOUSAND DOLLARS IN
LIABILITY INSURANCE. AND THE
FRATERNAL ORDER OF POLICE PAYS
PAYS THE PREMIUMS AND SO THE
EXPOSURE ISN'T TOO. INSTEAD FOR
THE END DATE THE ENTIRE- A
SETTLEMENT OR JUDGMENT IT'S.
JUST OF THAT PIECE OF TWENTY
FIVE. SO IT'S NOT. THE YOU KNOW
THAT. NOT INSURANCE OR- HE WHAT
THAT'S- HAVE HAVE. AND SO- DOT.
I'M I'M KIND OF AT A LOSS. OUR
OUR- THE PEOPLE OBJECT TO IT
OBJECTING THE HYPOTHETICAL OF
HAVING- HAVING TO PAY.
INSURANCE AND BEING EXPOSED FOR
AN ENTIRE POTENTIAL JUDGMENT OR
JUST FOR THAT TWENTY FIVE
THOUSAND DOLLAR PIECE. MISTER
MISTER AGNEW WAS GOING TO TAKE
A STAB AT THAT QUESTION REAL
QUICK. IF YOU CAN BELIEVE THAT
IT'S REALLY THE CONCEPT I THINK
IT'S JUST A MATTER OF DEGREE IN
TERMS OF IF YOU WANT TO PUT A
CAP ON HOW MUCH LIABILITY. THAT
DOESN'T CHANGE THE FUNDAMENTAL
PROBLEM THE BIGGEST OF WHICH IS
THAT. WHEN YOU'RE TALKING ABOUT
LAW ENFORCEMENT YOU WANT TO
INCENTIVIZE OFFICERS TO DO A
GOOD JOB BUT ALSO TO HELP
PEOPLE. AND PUT THEIR LIVES ON
THE LINE AND- THE NATURE OF
INSURANCE BUSINESS AND ALL THE
RHTHMS AND STATISTICS IS THAT
YOU MAKE PREDICTIVE
ASSUMPTIONS. BASED ON. THINGS
THAT ARE THAT ARE FACTUAL
YOU'RE NOT LOOKING AT MERIT
BASED DETERMINATIONS OR THE
NUANCES OF EACH INCIDENT YOU'RE
JUST LOOKING AT HOW MANY TIMES
WERE YOU SOON WERE YOU PRESENT
WHEN THERE WAS A SHOOTING.
NIGHT DID YOU ACT APPROPRIATELY
WAS A JUSTIFIED AND SO YOU KNOW
WHETHER IT'S TWENTY FIVE
THOUSAND DOLLARS OR TEN MILLION
DOLLARS IT'S STILL. I THINK
SUFFERS FROM THE SAME FATAL
FLAW. THANK YOU VERY MUCH- ARE
YOU GOODNESS MCCARTY. YEAH I
JUST THINK THAT YOU'RE
CONFLATING IT- AT TWENTY FIVE
THOUSAND DOLLAR PREMIUM IS NOT
GOING TO BE. OUT OF THE HANDS
AND MORE IMPORTANTLY WOULD
PROBABLY BARGAIN AND PAID FOR
BY THE P. O. A CONTRACT OR
HAVING A WHOLESALE. BUYING OF
THE COVERAGE LIKE WE SAW IN
COLORADO SO. I THINK IT'S AN
INTRIGUING ISSUE I THINK AS
EVERYTHING ELSE THAT DOUBLES
THE DETAILS BUT I DON'T THINK.
IT SHOULD BE DISMISSED JUST
BECAUSE THE NATURE OF IT-
PEOPLE MAY THINK IT'S A
SLIPPERY SLOPE OR IT SHOULD BE
HAD IT HAD SHOULD BE DISCUSSED
AT ALL. THANKS THANK YOU VERY
MUCH. MR POINTER THANK YOU. IF
I MAIL TO MAKE THIS. PRETTY
BRIEF. THE OF LIFE INSURANCE IS
NOT I DON'T BELIEVE ANYTHING
THAT SHOULD JUST BE REJECTED
OUTRIGHT. I IT'S SOMETHING THAT
WE HAVE IN DIFFERENT FACETS IN
AREAS OF OUR LIFE AND THERE'S
WAYS IN WHICH IF. ANY WOULD
BROAD STROKES THE IDEA THAT
WILL THESE DIFFERENT FACTORS
WILL BE JUST TAKEN OUT OF HAND
AND WILL RESULT IN AND ADJUST
SITUATION WHERE OFFICES ARE
PRICED OUT OF THE PROFESSION.
FRANKLY WE KNOW FROM THE
STATISTICS THE AVERAGE OFFICER
IS NOT EVEN ON THE USED THEIR
GUN IN THE COURSE OF THEIR
CAREER. MANY OFFICERS GO THEIR
ENTIRE CAREER WITHOUT A
SUSTAINED COMPLAINTS SO THE
FACT THAT YOU HAVE. MANY
COMPLAINTS THE FACT THAT YOU
HAVE TAKEN LIVES BLOOD ON YOUR
HANDS MORE THAN ONCE TWICE TWO
OR THREE TIMES. THOSE ARE THE
FACTORS THAT SHOULD BE
CONSIDERED. I SAT THERE AND
HOLD THESE MOTHERS HELD THEIR
HANDS WHILE THEY'RE WATCHING
THEIR LOVED ONE BE BURIED. I'VE
ALSO TAKING DEPOSITIONS OF
OFFICERS WHO WERE ACCUSED OF
THINGS WHICH WE DISMISSED THE
WE'VE DISMISSED LAWSUIT IF WE
WIND UP GETTING INTO THE CASE
AND UNDERSTAND THAT THE
OFFICER. WAS NOT AT FAULT OR
LOFT OR UNLAWFULLY EXECUTING.
THEIR DUTIES. THE POINT I'M
MAKING IS. THE BACK. IN JUST
THE AUTOMATIC MAIL. THE IDEA
THAT OFFICERS CANNOT BE REINED
IN. THE IDEA THAT WE CANNOT
COME UP WITH NEW IDEAS TO
ADDRESS AN OLD PROBLEM. THAT
DAY IS OVER. YOU'RE A RELIC OF
THE DINOSAURS IF YOU JUST WANT
TO CONTINUE TO PUSH BACK FROM
THE PUBLIC'S WE'LL AND DEMAND
THAT WE DO SOMETHING BETTER.
THAT WE ARE ACTUALLY ABLE TO
PROVIDE THE SERVICES OF
CONSTITUTIONAL POLICING. AND
DON'T FALL INTO THE TRAP OF THE
FALSE OF A FALSE ALTERNATIVE OF
SAYING OU MUST EITHER ELECT TO
ALLOW OFFICERS TO HAVE FREE
REIGN. OR YOU'RE GONNA BRING
OFFICERS IN INDIAN OFFICE NO
ONE'S GOING TO WANT TO BE IN
THE PROFESSION AND THEN THAT
RESULTS IN LAWLESSNESS. THOSE
TYPE OF BROAD BASED CLAIMS HAVE
NO REAL BASIS IN FACT AND
FRANKLY THEY SHOULD BE A PART
FOR CHANGE AND I APPRECIATE THE
SELECT COMMITTEES OPPORTUNITY
AND A PLATFORM TO TALK ABOUT
REAL DISCUSSION REAL SOLUTIONS.
THANK YOU THANK YOU VERY MUCH-
WE WANT TO NOW OPEN TO THE
PUBLIC COMMENT SEGMENT- TO THE
PUBLIC I WANT TO AGAIN MINUS
THE PUBLIC- THOSE WILL BE
TESTIFYING- YOU BE TESTIFIED
BEHIND THE PLEXIGLASS BUT DO
YOU NEED THE MICROPHONE ELEVATE
WILL DO SO. OURSELVES AND YOU
CAN AFTER TESTIFYING CAN PLEASE
TAKE YOUR SEAT OR YOU CAN- YOU
KNOW EXIT THE BUILDING WE WANT
TO AGAIN MAKE SURE EVERYONE IS
DOING THIS- PHYSICAL
DISTANCING- WELL IN THIS SPACE
SO WITH THAT YOU HAVE TWO
MINUTES. AND. PLEASE PROCEED.
REVENUE MY NAME IS RYAN HARRIS
I AM CHEN COUNT FOR THE-
CALIFORNIA. OF BLACK LAWYERS.
FIRST OFF ON THE COMMISSION
WITH A COMMITTEE. ON TAKING UP
THIS ASSIGNMENT AND HAVING
THESE MUCH NEEDED CONVERSATIONS
ABOUT POLICE REFORM. I DO WANT
TO REITERATE THAT PART OF THE
NEED FOR POLICE REFORM HAS TO
HAPPEN AT THE STATE LEVEL.
PARTICULARLY IN THE ATTORNEY
GENERAL'S OFFICE AND IN THE
DEPARTMENT OF JUSTICE. AS THEY
ARE OFTEN TIMES CALLED IN TO
REVIEW SERIOUS ISSUES INVOLVING
USE OF FORCE MISCONDUCT- TO
INVESTIGATE THAT AND TO MAKE
DETERMINATIONS. I WANT TO POINT
OUT THE ELEPHANT IN THE ROOM
GIVEN THAT HERE WERE THIS
IMPORTANT CONVERSATION. THE
DEPARTMENT OF JUSTICE AND THE
ATTORNEY GENERAL AND OR HIS
REPRESENTATIVE OUR NOTEBOOKS
NOTICEABLY ABSENT. AND WE NEED
TO HAVE FOR LEADERSHIP IN THAT
SPACE THAT IS GOING TO WANT TO
BE INVOLVED IN THESE
CONVERSATIONS THAT IS GOING TO
ADD INPUT TO THESE
CONVERSATIONS. AND INPUT THAT
IS EVIDENCE BASED AND BASED OFF
OF EXPERIENCE AND DATA THAT AND
I REALLY WANT TO. FOCUS ON THIS
THAT FOSTERS AND ENGENDERS
PUBLIC TRUST IN OUR GOVERNMENT
AND LAW ENFORCEMENT- MISTER
HENDERSON TESTIFIED EARLIER
TODAY. I THINK OFFERED A LOT OF
INSIGHT INTO THAT SPACE. AS I
MENTIONED IN A PRIOR HEARING
THE CALIFORNIA ASSOCIATION OF
BLACK LAWYERS HAS CREATED A
LIST OF TOP CONTAINERS FOR THAT
APPOINTMENT. BY THE GOVERNOR
AND MISTER HENDERSON IS ON THAT
LIST ALONG WITH- TIME BACK THEN
AND- TERI WILEY OF ALAMEDA
COUNTY AND CONTRA COSTA COUNTY.
SO WE LOOK FORWARD TO
CONTINUING WITH THIS
CONVERSATION AND HELPING YOU
GUYS REACH AN EQUITABLE
SOLUTION THAT FOSTERS LASTING.
AND POSITIVE. REFORM FOR ALL OF
CALIFORNIA THANK YOU. THANK YOU
VERY MUCH FOR TO. NEXT PLEASE
DUBBED. AND WE WILL ADJUST IT
FOR YOU. AND WHEN YOU'RE READY
OF TWO MINUTES. ALL RIGHT FOR
TIME'S SAKE I'M GONNA READ- MY
NAME IS MARIE SOMEWHERE MY
FIRST WANT TO SAY THAT I'M
GRATEFUL FOR POLICE OFFICERS IN
THIS COMMITTEE AND IT'S SAD
THAT WE EVEN HAVE TO BE HERE
BUT I'M GLAD WE LIVE IN A
DEMOCRACY THAT ALLOWS US TO
HAVE THESE CONVERSATIONS IN
ORDER TO BRING CHANGE. AGAIN MY
NAME IS MARIE SUMMER ALISON ON
THE SISTER OF AUGUSTINE ROUSE
WHO WAS SHOT AND KILLED BY
SECOND POLICE OFFICER JEREMIAH
JARVIS ON NOVEMBER FOURTEENTH
MY BROTHER WAS ONE OF THREE
POLICE KILLINGS IN JUST THE
PAST SIX WEEKS HERE IN
SACRAMENTO. ON WEDNESDAY THE
QUESTION WAS POSED HOW TO BUILD
TRUST BETWEEN LAW ENFORCEMENT
AND THE COMMUNITY AND ONE OF
THE ITEMS I MENTIONED WITH
ACCOUNTABILITY ON BOTH PARTIES
BUT I'D LIKE TO ADD ACCURATE
REPORTING BECAUSE EVEN IN MY
BROTHER'S CASE THERE ARE MANY
DISCREPANCIES IN THE REPORTING
PERSONS THE VIDEO FOOTAGE. AND
MOST IMPORTANTLY ANOTHER THING
TO CHANGE IS THE USE OF FORCE
POLICY THAT ALLOWED OFFICERS TO
I QUOTE USE DEADLY FORCE IF
UNDER THE CIRCUMSTANCES THE
OFFICER REASONABLY BELIEVES THE
SUSPECT POSES A THREAT OF DEATH
OR SERIOUS BODILY INJURY EITHER
TO THE OFFICER. OR TO OTHERS
AND QUOTE. WE NEED TO FIRST A
FINAL REASONABLY. BELIEVE MEANS
BECAUSE AS OF RIGHT NOW ALL THE
POLICE OFFICER HAS TO SAY IS I
FEAR FOR MY LIFE AND THAT GIVES
THEM THE LICENSE TO KILL. BUT
WHAT ABOUT MEMBERS OF THE
COMMUNITY. THEY SOMETIMES FEAR
FOR THEIR LIVES BUT THEY CAN'T
JUST GO AROUND KILLING EACH
OTHER WITHOUT SEVERE
CONSEQUENCES. THIS POLICY GIVES
POLICE OFFICERS THE POWER AND
AUTHORITY TO BECOME THE JUDGE
AND THE TIME AND ONE FATE AS
GUILTY. THUS DENYING A PERSON'S
THE FIFTH SIXTH AND SEVENTH
BILL OF RIGHTS. THE FIFTH. DUE
PROCESS THE SIX. THREE TRIAL BY
ONE'S PEERS AND THE SEVENTH.
THAT PROVIDES CIVIL CASES ALSO
BE TRIED BY A JURY. THESE ARE
THE- TO THE CONCERT. THAT THE
OFFICER HAVE VAL TO PROTECT.
BUT THESE CONSTITUTIONAL
AMENDMENTS AND BILLS OF RIGHTS
ARE DENIED WHEN OFFICERS KILL A
PERSON. AND PLEASE UNDERSTAND
I'M NOT SAYING OFFICER TO KILL
PEOPLE ARE. ARE BAD PEOPLE LIKE
WE'RE THINK WEEDING OUT THE BAD
APPLES. NOT EVEN THE ONE WHO
KILLED MY BROTHER HE MAY BE A
GOOD COP. AND A GOOD PERSON BUT
THAT DOES NOT EXCUSE THEM FROM
BEING HELD ACCOUNTABLE FOR
MAKING A BAD DECISION. I CAN BE
A GOOD PERSON MY WHOLE LIFE.
BUT IF I TAKE LAW INTO MY OWN
HANDS AND KILL SOMEONE. THAT I
HAVE TO BE HELD ACCOUNTABLE AND
TAKE RESPONSIBILITY FOR MY
ACTIONS. SO I ASK YOU TO PLEASE
DO THE RIGHT THING IN THE EYES
OF THE PEOPLE. LADY JUSTICE AND
MOST IMPORTANTLY GOD. BECAUSE
GOD IS NOT LIKE RULERS SUPPRESS
THEIR PEOPLE. SO AGAIN
EXHAUSTION PLEASE DO THE RIGHT
THING. WHEN YOU KNOW JUST
THINKING OF THE LAW FOR POLICE
REFORM. THANK YOU THANK YOU
VERY MUCH FOR YOUR TESTIMONY.
WE HAVE OUR NEXT- SPEAKER.
THANK YOU ALSO HAVE TWO MINUTES
AND PERCENT WHEN READY THANK
YOU- I AM ROXANNE MORALIS
MOTHER OF AUGUSTINE MORALIS I
WAS SHOT AND KILLED ON NOVEMBER
FOURTEENTH OF THIS YEAR- FIRST
I WANTED TO APOLOGIZE TO CHIEF
HANA NO HE'S NOT HERE TODAY.
BUT WHEN I REVIEWED THE COP CAM
OF THE SHOOTING- I SPOKE TO HIM
AND I ASKED HIM ABOUT THE OATH
OF THE POLICE OFFICERS AND I
THOUGHT THAT THE- INCLUDED TO
SERVE AND PROTECT. IT DOES NOT.
SO I WANT TO TALK ABOUT THE
CONSTITUTION BECAUSE THE
CONSTITUTION IS IN THERE-
SPECIFICALLY THE SECOND
AMENDMENT THE RIGHT TO BEAR
ARMS. I WON'T GO INTO DETAIL
BUT THE POLICE OR THE AGENCIES.
NEED TO BE REMINDED THAT THE
PEOPLE HAVE A RIGHT TO BEAR
ARMS AS WELL AND THEY'RE NOT
THE ONLY ONES. MY SON HAD AGAIN
AND I KNOW HE WAS A REGISTERED
GUN OWNER. IF THE MAN. OFFICER
WHO SHOT MY SON IN THE BACK
THIRTEEN TIMES WITHOUT
ANNOUNCING HIMSELF WOULD HAVE
ASSESSED THE SITUATION AND
INSTEAD TOLD MY SON TO DROP HIS
WEAPON. MY SON WOULD BE AT HOME
WITH HIS FAMILY OR POSSIBLY IN
JAIL I DON'T KNOW. OTHERWISE HE
WOULD STILL BE ALIVE. BUT
INSTEAD OF. HE LITERALLY CREPT
UP ON MY SON AND SHOT HIM IN
THE BACK. THIRTEEN TIMES. THAT
IS AN ENEMY MOVE. BACK SHOULD
ONLY TAKE PLACE DURING WAR.
SOMEONE THAT IS ACTUALLY TRYING
TO TAKE OVER OUR GOVERNMENT. I
READ AND I'M QUOTING FOR POLICE
SHOOTING SOMEONE IN THE BACK
VIOLATED ETHICAL PRINCIPLE OF
ENGAGEMENT. AND NOTED EXCEPTION
IF THE FLEEING PERSON POSES A
SERIOUS THREAT MY SON WAS NOT
PULLING HIS PANTS HE WAS
STANDING. STATIONARY BETWEEN
TWO CARS I STAND HERE
PEACEFULLY BEFORE THIS
COMMITTEE TO ACID ANYONE WHO
SHOOTS AND KILLS A CITIZEN OF
THE UNITED STATES TO STAND
TRIAL IF YOU CHOOSE TO KILL
ANOTHER HUMAN YOU MUST BE HELD
ACCOUNTABLE WHY IS IT BECAUSE
YOU HAVE A BUT A BATCH THAT YOU
NO LONGER HAVE A RESPONSIBILITY
TO ANSWER TO THE LAW FOR
COUPLES OVER ANOTHER COPY THERE
LET GO EVEN IF HE'S DEEMED A D.
Y. DRINKING UNDER THE
INFLUENCE. WHY WHO IS ABOVE THE
LAW THERE IS NONE. THERE IS ONE
WHICH IS GOD THESE OFFICERS ARE
STARTING TO PLAY GOD AND THAT'S
DANGEROUS GROUND AGAIN I STAND
BEFORE YOU PEACEFULLY I COULD
STAND LOUDLY AND GATHER
PROTESTERS AND TAKE TO THE
STREETS BUT MY SON WOULDN'T
WANT THAT. HE WOULDN'T WANT THE
STREETS ARE SACRAMENTO TO BE IN
RUINS THAT WE WILL SEEK JUSTICE
FOR OUR TRUE PEACEMAKER THE
HERO OF OUR FAMILY AUGUSTINE
MORALIS THANK YOU. THANK YOU
VERY MUCH. GOVERNOR SPEAKER AND
HE'S HE SOME ISSUE HANG ON IF
YOU DON'T MIND THANK SIR IF YOU
CAN PURSUE AND YOU HAVE TO MAKE
AND YOU CAN GO NOW I'LL FIND A.
THANK YOU CHAIRMAN AND
COMMITTEE I DON'T. I JUST I
HAPPEN TO WITH YOU. ON I'M
TRYING TO MYSELF AND OUR. TRY
TO FILL MY HEART THAT I LIKE
I'M FAN. I SHOULD SAY HOME HOW
HOW MUCH COMPASSION I HAVE FOR
THE- FAMILY WHO SPOKE EARLIER.
REFER THEM- I AM. AS SAY A I
DON'T REALLY KNOW DOING I'M MY
BEST. I GUESS IT'S KIND OF LIKE
TO THE PASSENGER SEAT OF A CAR
YOU CAN LOOK ASIDE IN BECAUSE I
KIND OF. WE CAN AT THE HOUSE
WAS ONE. YOU CAN LOOK AT THE
TREES AND GOES BY IN SLOW YOU
CAN LOOK AT COPPER. UP IN SKY
AND THEN PRIVATE PRACTICALLY
STILL. GROUNDED CHILDREN TO
STAND ON. AND I FEEL LIKE WE
NEED PRIVACY TO HAVE LOVE AND-
LOVE TO HAVE RELATIONSHIPS AND
I JUST HAVE CHILDREN. I'M NO
HERO HAIKUS. THE PARCHMENT AND
IN OFFICES ARE I'M NOBODY. I'M
HERE TO TRY TO STOP THE
NIGHTMARES THAT THE TRUMP MAYBE
HAVING. AN ABOUT FIVE YEARS AGO
SIX SO. ON YOU KNOW I WAS IN
LOVE WITH THE WOMAN AND SHE AND
I SO WE HAD A GREAT
RELATIONSHIP BUT SOME SOME
PEOPLE START MESSING WITH THE
NANOTECHNOLOGY IN. START TELL
ME FOR LIKE SIX MONTHS TWENTY
FOUR SEVEN THEY WERE. RUNNING
TRAINS ON MY- MESSAGE THERE CAN
GANG BANGER. YOU KNOW I CAN
TALK ABOUT THE THINGS I WOULD
SAY THEY WERE DOING TO THE
WOMAN ALIVE. AND FOR EVERY DAY
FOR TWENTY FOUR SEVEN FOR SIX
MONTHS STRAIGHT SO THEY WERE.
DRAGGING HER. SAID SHE WAS
PREGNANT WITH OUR DAUGHTER. AND
THEY WERE GONNA KEEP HER FOR
THEIR PROPERTY. ON ELEVEN
STRAIGHT THEY SAID THEY WERE
CALM THE N. WORD ABOUT A
HUNDRED THOUSAND TIMES ME
HUNDRED FIFTY THOUSAND TIMES.
COMING OUT KINDA TERRIBLE NAMES
TO THREATEN THAT THEY THE ONLY
WAY I CAN GET AWAY FROM THEM IF.
HOW MYSELF AND- BURN MYSELF
ALIVE. YOU KNOW FOR THE FAST
PAST SEVEN MONTHS THEY'VE BEEN.
FROM YOU HAVE THIRTY SECONDS
THEY'RE DOING DIFFICULT THINGS
TO ME- EVERY TIME THEY STILL
TALK ABOUT WOMEN IN EVERY TIME
IS A BLOW. TO MY HEART. AND ON.
I RIGHT NOW I'M JUST LIKE I
SAID. NOW HOUND- YOU KNOW I
WANT TO THANK THAT- BEGIN MAY.
AND WOMEN THIS TOWN YOU THE
CORRECT DEPARTMENT'S. FIVE
DOUBT OF I KNOW I. THEY'RE ALL.
APPROACH THE PART OF THE- GOD
MADE UP. ANOTHER GOOD MEN WHEN.
NOW MAKE I'M AFRAID I MIGHT BE.
PRESENT OR SOME- SURGICAL.
ARTICLE IT'S MAYBE. ON YOUR-
YOUR TIME IS A- HOW MAY BE ON.
MAY MAYBE HOW SOMETHING TO DO
WITH THIS. AND ALSO CEMEX.
OFFEND I JUST WANNA SAY KNOW.
FOR THE WAY GOD MADE JOB. HOPE
YOU HAVE A COME FROM. HEARING
HAVING ALL. INVESTMENTS HAVE.
ON COME IS FOUND PROMASTER.
LAST WISH I WOULD. THANK YOU
VERY MUCH. OF IS ARE THERE.
MEMBERS OF THE PUBLIC IN. THE-
ON THE LINE. IF YOU WOULD LIKE
TO MAKE A PUBLIC COMMENT OVER
THE PHONE PLEASE PRESS ONE AND
THEN ZERO AT THIS TIME. ONE
ZERO. FOLLOWING A FEW MOMENTS
HERE WE HAVE KNOWING QUEUING UP
THE COMMENT AT THIS TIME WHAT
ONE THING WE DO HAVE ONE WOULD
JUST BE A MOMENT.
AND THAT
PUBLIC COMMENT WILL COME FROM
LINE FOURTEEN PLEASE GO AHEAD
YOUR LINE IS OPEN. I'M LINE
FOURTEEN PLEASE SEE THAT YOU
HAVE TWO MINUTES. I HAVE TWO
MINUTES IS THERE A STOPWATCH
YES I'M KEEPING TIME PLEASE
PROCEED. OKAY WELL THIS IS AN
INTERESTING COUPLE DAYS OF
HEARINGS- AND I AM VERY
DEVASTATED BY THE SUFFERING OF.
MEMBERS OF OUR COMMUNITY AND
THE BROADER COMMUNITY WHO HAVE
AND SO- BRUTALIZED AND SEEING
LOVED ONES. SHOP BEFORE THEIR
VERY EYES. SHOP THE BACK. AND-
I'M A LITTLE BIT. I DON'T LAS
WITH HOW TO. UTILIZED WHAT IS
PROBABLY FINE REMAINING NINETY
SECONDS. I'VE HEARD A LOT ABOUT
THE CONSTITUTION AND- EACH
HEARING I'VE HEARD THAT WORK
BROUGHT UP. AND IT COMES TO MY
MIND THAT- THE LEGISLATURE HAS.
DEMONSTRATED THAT THEY- HAVE.
ABDICATED. RESPONSIBILITY TO
AND AWARENESS OF. MUCH OF THE
CONSTITUTION INCLUDING THE
FIRST AND SECOND AMENDMENT. AND
I DON'T SAY THIS LIGHTLY- AND I
DON'T WANT TO IN ANY WAY EQUATE
THE EXPERIENCE THAT I'M GOING
TO REFERENCE WITH WHAT OTHER
MEMBERS OF THE COMMUNITY HAVE
GONE THROUGH YOUR THIRTY SECOND
ONE ALL RIGHT. WHEN I BORE
WITNESS TO- THE REALLY BRUTAL
TREATMENT OF A PEACEFUL FAMILY.
PROTEST ON MAY FIRST PEOPLE WHO
WERE JUST WANTING TO SEE
CALIFORNIA THE OPENS AND THAT
BRUTALITY WAS BROUGHT ABOUT BY
YOUR VERY OWN C. H. P. ON THE
GROUNDS OF THE CAPITOL IT
OCCURRED TO ME THAT YOU HAVE
YOUR OWN INTERNAL ISSUE. AND
SELL WHILE THERE'S A LOT OF YOU
KNOW NICE SENTIMENT IN THIS
HEARING. LIKE MANY OTHER THINGS
YOU NOW NEED TO LOOK IN WORK
MEMBERS YOU CAN COMPLETE PLEASE
SELECT. WHAT YOU NEED TO LOOK
CAN WORK AND YOU NEED TO LOOK
INWARD AND SEE WHAT'S HAPPENING
WITH IN THIS LEGISLATURE AND
WITH HOW YOUR OLD LAN FORCE ARM
OF EACH PIECE IS CONDUCTING ITS
BUSINESS THANK YOU VERY MUCH
MAKE UP THANK YOU VERY MUCH FOR
COMMENT. THAT CONCLUDES OUR I'M
SORRY IS. THERE ANYONE ELSE IN
THE QUEUE OPERATOR. THANK YOU
THE LAST ONE. WE HAVE NO
FURTHER OFF FOR CALM THANK YOU
VERY MUCH MODERATOR AN OPERATOR
LET ME THANK ALL OF YOU FOR ALL
OF OUR SPEAKERS ALL OF OUR
PANELISTS FOR YOUR- YOUR
IMPORTANT INPUT INTO TODAY'S
CONVERSATION HAS BEEN
ABSOLUTELY- VERY- INFORMATIVE
OF THIS TYPE OF CONVERSATION-
THAT INCLUDES MANY DIVERSE
PERSPECTIVES IS A WAY TO
EXPAND. OUR UNDERSTANDING OF
OTHERS AND HELPED US TO FIND
COMMON GROUND THANK YOU ALL FOR
JOINING US FOR HIS HEARING
TODAY ONE THINK M COLLEAGUES
AGAIN FOR ALL OF THE PANELISTS
THE SPEAKERS- AND FALLS OF THE
COMMUNITY FOR WEIGHING IN ON
THIS CNVERSATION WE ABSOLUTELY
APPRECIATE IT- THE LAW
ENFORCEMENT REPRESENTATIVES THE
LAW PROFESSORS WHO HAVE ENGAGED
IN THIS CONVERSATION. WE HAVE
BEEN TAKING COPIOUS NOTES- WE
HAVE COMPILED AND WE'LL COMPILE
THESE THESE INFORMATION THESE
NOTES AND WE WILL ALSO ASK OUR
PRISONERS ARE PRISONERS TO
PLEASE- SENT US THEIR NOTES AS
WELL SO WE CAN MAKE SURE WE CAN
CAPTURE A FOOL- BREATH OF THE
CONVERSATION AND THE POINT THEY
WANT TO BRING ACROSS. LET ME
JUST SIMPLY SAY I WANT TO AGAIN
THANK A SPEAKER ANTHONY RENDON
FOR ALLOWING US TO CONVENE IN
THIS SPACE AND HAVE THESE VERY
VERY DIFFICULT- SUBJECTS. WE
TAKE ON THIS MATTER BECAUSE WE
HAVE HEARD THE VOICES OF THE
PEOPLE IN OUR COMMUNITY AND WE
UNDERSTAND THAT WE'RE GOING TO
RE IMAGINE AND THAT'S WHY
EVERYONE HERE- HAS STEPPED UP
TO THE CHALLENGE TO TAKE ON
THIS GREAT RESPONSIBILITY AND
WE BELIEVE THAT THERE WILL BE A
NECESSARY CHANGES THAT WILL
COME OUT OF. POLICIES INFORMS A
BILL THAT WOULD GO TO THE
GOVERNOR'S DESK- WITH A NUMBER
OF DIFFERENT VOICES AND AS WELL
AS INPUT INTO THOSE PARTICULAR
POLICIES THE LEGISLATIVE
PROCESS AND SO LET ME ASSURE
YOU THAT WE ARE TAKING THIS
RESPONSIBILITY VERY VERY
SERIOUSLY. AND THANK YOU FOR
THE OPPORTUNITY LET ME LEAVE
WITH THIS QUOTE WE MUST
REMEMBER WHAT DR MARTHA KING
SAYS ONE YEAH HE SAID THIS
INJUSTICE. EVERYWHERE IS A
THREE RIGHT JUSTICE AND- LET A
TRUTH BE GUIDED BY THIS
CONVERSATION IN A SERIES OF
MEETINGS THAT WE HAVE HAD A
REAL- AROUND THE SELECT
COMMITTEE. ON POLICE REFORM
INSTEAD OF CALIFORNIA AND SO I
WANT TO THANK THE STAFF MICE MY
TEAM FOR WORKING WITH US AND
ALSO THE SELECT COMMITTEE
MEMBERS- STAFF AS WELL.
EVERYONE WHO'S HAD A HAND IN
INTO OUR SERGEANTS- TO OUR
MODERATOR SO OPERATORS EVERYONE
LOTTIE DOTTIE EVERYONE SO THANK
YOU VERY MUCH AND HAVE A GREAT
DAY AND MERRY CHRISTMAS HAPPY
NEW YEAR.