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Oleoresin Capsicum Spray 0
Chlorobenzylidene Malononitrile and Oleoresin capsicum 0 Remington 700 Rifle 3
Light/Sound Diversionary Device 3
Long Range Acoustic Device 5
36” Batons 0
Barret Model 99 0
Below is a pie chart that represents in percentage the equipment deployments that were in response to 5 search warrants, 5 officer initiated calls, and 78 calls for services.
Calls For Service
88%
Searc
h Warrant
6%
Of
ficer
Initiated Call
6%
Cal
ls for Service
Search War
rant
Offi
cer Initiated Call
Eq
uipment Deployments
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Below is a map showing where each of the above 88 equipment deployments occurred in Berkeley. 9 occurred in other Bay Area cities.
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Appendix:
Applicable Lexipol Policies Respective to Each Equipment Patrol Rifle
Policy 300 (Use of Force)
Policy 349 (Tactical Rifle Operator Program)
40MM single launcher
Policy 300 (Use of Force)
Policy 303 (Control Devices and Techniques)
40MM LTL multi-launcher
Policy 300 (Use of Force)
Policy 303 (Control Devices and Techniques)
FN 303 Launcher & FN Pava rounds
Policy 300 (Use of Force)
Policy 303 (Control Devices and Techniques)
Chlorobenzylidene Malononitrile and Oleoresin Capsicum (canister and spray) Policy 300 (Use of Force)
Policy 303 (Control Devices and Techniques)
Remington 700 Rifle
Policy 300 (Use of Force)
Policy 354 (Precision Rifle)
Light/Sound Diversionary Device
Policy 353 (Diversionary Device)
Long Range Acoustic Device
Policy 707 (Long Range Acoustical Device)
36” batons
Policy 300 (Use of Force)
Policy 303 (Control Devices and Techniques)
Policy 428 (First Amendment Assemblies)
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Barret Model 99
Policy 300 (Use of Force)
Policy 354 (Precision Rifle)
Internal
MEMORANDUM
Date: April 21, 2023
To: Jennifer Louis, Interim Chief of Police
From: Hansel A. Aguilar, Director of Police Accountability Cc: Police Accountability Board
Subject: Transmittal of the PAB’s Recommendation on the Berkeley Police Department’s Police Equipment and Community Safety Ordinance 2022 Annual Report
This memorandum serves to notify the Berkeley Police Department (BPD) that during the Police Accountability Board's (PAB) Regular meeting on April 11, 2023, a memorandum was voted on concerning the BPD's Police Equipment and Community Safety Ordinance 2022 Annual Report. The PAB reviewed the report and determined that it complied with BMC 2.100, with the excepti on of a minor edit that was specified in the PAB's memo to Council. The PAB has recommended that the Council accept the report provided that the necessary edits are made to ensure compliance with BMC
2.100.050(A)(1), as outlined in the attached memorandum. If the BPD has any questions or concerns, please do not hesitate to contact the Director of Police Accountability.
1 RECOMMENDATION
Date: April 11, 2023
To: Jennifer Louis, Interim Chief of Police
From: Police Accountability Board
Cc: Honorable Mayor and Members of the Berkeley City Council Subject: Berkeley Police Department’s Police Equipment and Community Safety Ordinance 2022 Annual Report
Background:
In May 2021, the Berkeley City Council approved the Police Equipment and Community Safety Ordinance (Ordinance No. 7,760 -N.S.), which requires the Berkeley Police Department to provide an annual report on the deployment of specific equipment.
The report is to be reviewed by the Police Accountability Board (PAB), which will assess compliance with the relevant approval standards set forth by BMC Sectio n 2.100.040. If any equipment is found to be non -compliant with the standards set forth by BMC
2.100.040, the PAB “shall recommend revocation of the authorization for that piece of Controlled Equipment or modify the Controlled Equipment Use Policy in a man ner that will resolve the lack of compliance. Recommendations for revocations shall be forwarded to City Council in accordance with the approval process in Section 2.100.040.” The PAB shall make these determinations based on the content of the report.
BMC Section 2.100.050(A)(1)(a) – 2.100.050(A)(1)(e) provides minimum reporting requirements for the use of Controlled Equipment. Those reporting requirements are the following:
2 a. Production1 descriptions for Controlled Equipment and inventory numbers of each product in the Police Department’s possession.
b. A summary of how Controlled Equipment was used. For the purposes of annual reports, "use" of equipment shall refer to equipment that is Deployed, not to transfers of location or placement of equipment inside Department vehicles.
c. If applicable, a breakdown of where Controlled Equipment was used geographically by individual police area. For each police area, the Police Department shall report the number of days or instances in which Controlled Equipment was used and what percentage of those daily reported uses were authorized by warrant and by non-warrant forms of court authorization. d. A summary of any complaints or concerns received concerning Controlled Equipment.
e. The results of any internal audits, any information about violations of Controlled Equipment Use Policies, and any actions taken in response.
The PAB shall make recommendations based on compliance with the standards outlined in these sections.
The Office of the Director of Police Accountability (ODPA) rece ived the Police Equipment and Community Safety Ordinance 2022 Annual Report from Interim Chief Jennifer Louis on February 17, 2023. The report was scheduled for review at a regular meeting of the PAB within 60 days of receipt, specifically on April 11, 202 3. This memorandum provides the PAB’s recommendation on the presented Police Equipment and Community Safety Ordinance 2022 Annual Report following the standards for approval outlined in Section 2.100.040.
1 BMC Section 2.100.050(A)(1) includes the word “production,” but it is assumed that it is a typographical error and that the intended word is “product.” The Board believes that “production” is a typographical error because the term does not appear elsewhere in the policy and it is not commonly used in the context of the regulation.
3 Recommendation:
The PAB recommends to the Council that they consider accepting the BPD's report, subject to the condition that the required edits are made to ensure compliance with BMC
2.100.050(A)(1) as detailed in this memorandum.
Analysis:
As previously stated, BMC 2.100.050(A)(1) requires mee ting five specific requirements for the report. This memorandum presents a recommendation that was developed by examining the available information and assessing each section's compliance with the criteria. Where appropriate, suggestions were made to impro ve the information's transparency or clarity . Please refer to Table 1 titled “Compliance Status Overview: Requirements of BMC 2.100.050” for a summary of the compliance status.
Table 1. Compliance Status Overview: Requirements of BMC 2.100.050 Ordinance No. Description In compliance with the
ordinance?
2.100.050(A)(1)(a) Production descriptions for Controlled Equipment and inventory numbers of each product in the Police
Department’s possession.
Yes.
2.100.050(A)(1)(b) A summary of how Controlled Equipment was used.
For the purposes of annual reports, "use" of
equipment shall refer to equipment that is Deployed,
not to transfers of location or placement of
equipment inside Department vehicles.
Yes.
2.100.050(A)(1)(c) If applicable, a breakdown of where Controlled Equipment was used geographically by individual
police area. For each police area, the Police
Department shall report the number of days or
instances in which Controlled Equipment was used
and what percentage of those daily reported uses
were authorized by warrant and by non-warrant
forms of court authorization.
No.
2.100.050(A)(1)(d) A summary of any complaints or concerns received concerning Controlled Equipment.
Yes.
2.100.050(A)(1)(e) The results of any internal audits, any information about violations of Controlled Equipment Use
Policies, and any actions taken in response.
Yes.
4 Requirement 1 – Product descriptions for Controlled Equipment and inventory numbers of each product in the Police Department’s possession.
To comply with BMC 2.100.050(A)(1)(a), the BPD must furnish product descriptions and inventory levels for every piece of controlled equipment in its possession. In accordance with this requirement, the BPD has listed eleven different pieces of equipment and six types of ammunition and/or projectiles, along with their respective inventory levels . Even though the BPD included an appendix containing the pertinent policies that define and detail every controlled equipment, the report proper didn't incorporate these descriptions. The PAB advises the BPD to improve compliance by including concise descri ptions of all their controlled equipment and referring to the comprehensive descriptions provided in the Impact Statement of the Police Equipment and Community Safety Ordinance in the body of the report.
Requirement 2 – A summary of how Controlled Equipment was used.
To comply with BMC 2.100.050(A)(1)(b), the BPD must provide a summary of how Controlled Equipment was used. For this reporting requirement, “use” of equipment refers to deployment and not transfers between locations or placement inside departm ent vehicles. On page five of the report, the BPD provides a summary of various incidents in which one or more pieces of controlled equipment were used. The presented chart includes the name of the equipment, a summary of the event, and the beat where it w as used. Based on the provided criteria, the PAB believes that this requirement has been met.
Requirement 3 – Geographical breakdown of Controlled Equipment Usage by Police Area; Reporting days/instances of use; Authorized Usage Percentage To comply with BMC 2.100.050(A)(1)(c), three criteria must be met. The first requirement is a geographical breakdown of where Controlled Equipment was used by individual police area. The second requires that for each police area, the BPD must report the number of days o r instances in which Controlled Equipment was used. Lastly, the BPD must record the percentage of the reported uses which were authorized by warrant and by non-warrant forms of court authorization. Both the first and second requirements
5 have been deemed adequately fulfilled by the PAB, while the third requirement requires minor changes to ensure compliance.
To ensure compliance, the PAB asks that the BPD recor d the percentages of the daily reported uses which were authorized by warrant and by non-warrant forms of court authorization. Currently, the BPD provides a count of the uses of each specific piece of controlled equipment and the beat in which the equipment was used, and it provides limited insight as to the method of authorization. The provided data states that five out of eighty-eight deployments were a result of a warrant, five were officer initiated, and the rest were a result of calls for service. To meet the requirement for the reporting of the authorized usage percentage, the aforementioned values should be calculated as percentages. Additionally, although not required, the PAB recommends that a chart or infographic be included for reader accessibility purposes.
Requirement 4 – Summary of any complaints or concerns received concerning Controlled Equipment
BMC 2.100.050(A)(1)(d) requires that a summary of any complaints or concerns received concerning Controlled Equipment be provided. The BPD reports t hat it did not receive any complaints concerning the use of the controlled equipment in its possession.
Based on the information provided in this report and the requirements of the BMC, the PAB believes this requirement has been sufficiently met.
Requirement 5 – Results of any internal audits, any information about violations of Controlled Equipment Use Policies, and any actions taken in response.
BMC 2.100.050(A)(1)(e) requires that the BPD disclose the results of any internal audits, any information ab out violations of Controlled Equipment Use Policies, and any actions taken in response. In their report, the BPD states that “there have been no internal audits (other than those conducted to gather and confirm data for this report), identified violations of equipment use, or any complaints concerning the above -listed equipment.” Based on the information provided in this report and the requirements of the BMC, the PAB believes this requirement has been sufficiently met. However, the PAB notes that
6 while BMC 2.100.050(A)(1)(e) seeks the results of any internal audits, it does require the BPD to conduct and report the internal audits. It is important to determine if the legislative intent of the Council was for BPD to conduct annual audits. Having that clarifi cation will ensure that BPD is complying with the BMC as intended.
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 E-Mail: [email protected] Website: http://www.berkeleyca.gov/your-government/city-audits
INFORMATION CALENDAR
June 6, 2023
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: Police Overtime Audit Report Wins National Recognition
INTRODUCTION
The 2022 Exemplary Knighton Award for best performance audit report in the medium shop category has been awarded to the City of Berkeley Auditor’s Office by the Association of Local Government Auditors (ALGA). The report, Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities, was judged on several key elements, such as the potential for significant impact, the persuasiveness of conclusions, the focus on improving government efficiency and effectiveness, and its clarity and conciseness.
CURRENT SITUATION AND ITS EFFECTS
Each year, local government audit organizations from around the U.S. and Canada submit their best performance audit reports for judging. The judges from peer organizations determined that our audit of the City of Berkeley’s Streets was among the best of 2022.
BACKGROUND
We issued our audit report, Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities, on March 3, 2022.1 The purpose of the audit was to determine:
1. What policing functions does BPD’s use of overtime cover?
2. Does BPD regularly assess minimum staffing levels to meet community needs?
3. Is BPD’s management of overtime sufficient to reduce excessive uses of overtime?
4. Are BPD’s agreements to provide work for outside entities transparent and in accordance with the law?
We found that the Berkeley Police Department (BPD) relies on overtime to achieve its staffing levels, and the department does not adhere to overtime limits. In Fiscal Year (FY) 1https://berkeleyca.gov/sites/default/files/2022-04/Berkeley%20Police%20- %20Improvements%20Needed%20to%20Manage%20Overtime%20and%20Security%20Work%20for%20Outside%20Entities.pdf
INFORMATION CALENDAR
Police Overtime Audit Report Wins National Recognition June 6, 2023
2020, nearly a quarter or $1.3 million of BPD’s overtime costs went toward backfilling officer vacancies and absences. That same year, 21 percent of sworn officers exceeded BPD’s overtime limit at least once.
In addition, BPD’s overtime work for outside entities more than tripled in FY 2020, and 53 percent of these hours were for the Apple store. The audit team found there are no procedures or contracts for this work, in which officers provide security for outside entities while representing BPD and the City. Under BPD’s current billing structure, it is not possible to know if BPD charges these entities appropriately for their services.
We made twelve recommendations to improve the oversight, management, and transparency of BPD overtime and work for outside entities. City Management agreed to our findings, conclusions, and recommendations. Since audit issuance, BPD has made significant progress in implementing the audit recommendations.
ENVIRONMENTAL SUSTAINABILITY
This report is not associated with identifiable environmental effects or opportunities.
POSSIBLE FUTURE ACTION
We will continue to follow up on the status of audit recommendation implementation to ensure the City mitigates the risks that could prevent the City from providing efficient, effective, and equitable service delivery.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Audit work leads to new or enhanced revenue, cost recovery, and increased efficiency, with economic impact well beyond the audit costs. Long-range financial benefits of our audits result in significant improvements to internal controls and service delivery.
Ensuring timely implementation of audit recommendations could result in additional savings and risk reduction, including fraud risk. Reducing fraud risk more than protects money; it builds trust in government. Maintaining a strong audit function and prudent program and fiscal management will reduce future costs and enhance public trust.
CONTACT PERSON
Jenny Wong, City Auditor, 510-981-6750
Attachment:
1. 2022 Knighton Award Letter from ALGA
Association of Local Government Auditors
449 Lewis Hargett Circle, Suite 290, Lexington, KY 40503 ׀ Phone: (859) 276-0686 ׀ www.algaonline.org
April 11, 2023
Jenny Wong
2180 Milvia St., 3rd Floor
Berkeley, CA 94704
RE: 2022 Knighton Award Winner
Dear Jenny,
The Association of Local Government Auditors’ Awards Program Committee is pleased to announce that the City of Berkeley Auditor’s Office’s report, “Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities,” won the 2022 Exemplary Knighton Award in the medium shop category.
ALGA was founded in 1985 to serve auditors who specialize in working with local governments, and our members represent about 300 local government audit organizations across the United States and Canada. As you well know, local government auditors are committed to helping their governments provide services to the public more efficiently and effectively with the limited resources available to them.
To encourage increasing levels of excellence among local government auditors, ALGA created the Knighton Award in 1995 to recognize the best performance audit reports produced by local government audit shops in the previous year. Each year, local government audit organizations, like yours, submit their best performance audit report to be evaluated against four criteria:
(1) An audit scope that has the potential for significant impact and is responsive to the needs and concerns of decision-makers and/or the public. (2) Audit conclusions that are persuasive, logical, and firmly supported by the evidence, which was gathered using appropriate research methods and tools. (3) Audit recommendations that are feasible and will make government programs more effective and efficient.
(4) Audit results that are communicated clearly and concisely.
Judges from peer organizations determined your office’s report was among the best of 2022.
The judges commented:
We found Berkeley’s audit of the management of overtime and security work for outside entities to be directly impactful to management and leadership. We noted the conclusions and recommendations would likely help reduce costs for the city. The report detailed the data reviewed, the testing performed, and the criteria identified. The use of
Association of Local Government Auditors
449 Lewis Hargett Circle, Suite 290, Lexington, KY 40503 ׀ Phone: (859) 276-0686 ׀ www.algaonline.org
graphics throughout the report made it easy to read, and the report was influential in illustrating background information and conclusions.
Congratulations on receiving this award!
Sincerely,
Justin Anderson, President Sonal Patel, Chair
ALGA ALGA Awards Program Committee
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City Clerk Department
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