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Agenda packet

Berkeley City Council
September 9, 2025

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Agenda packet
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September 9, 2025
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Berkeley City Council
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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 58
The figure shows that the average response time is 8.7 minutes. However, the average response time does not properly account for four calls with response times far exceeding the threshold in which positive outcomes could be expected.

Figure 7—Fractile versus Average Response Time Measurements

As the figure shows, 20 percent of responses from this hypothetical department could be considered too slow, and an average time measurement would not reveal this important aspect of the data that a fractile measurement would. Citygate believes the fractile measurement is a more accurate reflection of the service delivery situation of this hypothetical department.

Citygate assessed response time data in the City utilizing the fractile measurement. With this 90th percentile response time standard employed, Citygate found that 90 percent of the applicable calls in the City were responded to by the Department in less than 19:00 minutes.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 59

4.4.2 Patrol Response Time
Key Factors
There are a number of elements which drive an agency’s overall response times beyond the physical movement of any unit (or units) travelling to a public-generated CFS. The following key factors are each important as part of an analysis of response time data, determining trends and trajectories related to the data, etc.
 Number of officers on duty
 Location of the call
 Severity of call
 Police discretion
 Dispatcher call-handling time
 Patrol officer travel time
Patrol Response Time to Priority 1 Calls
Citygate’s analysis of 31,814 Priority 1 CFS revealed the following.  The median response time to Priority 1 CFS was approximately 7:00 minutes.  55 percent of the time, the first-responding unit arrived in less than 8:00 minutes.  90 percent of the time, the first-responding unit arrived in less than 19:00 minutes.  Since 2019, median response time to Priority 1 CFS has remained steady at 6:00 or 7:00 minutes.

Patrol Response Time to Priority 2 Calls
Citygate’s analysis of 97,570 Priority 2 CFS revealed the following.  The Department’s 2023 Annual Report shows that since 2020, the median response time to Priority 2 CFS has increased—from 12:00 minutes in 2020 to 18:00 minutes in 2023.
 Our analysis of 97,570 Priority 2 incidents revealed a n average response time to Priority 2 CFS of 14:30 minutes.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 60

4.5 INCIDENT DATA REVIEW
As part of Citygate’s assessment of the Department’s Patrol staffing levels, we also considered numerous other factors and data provided by the Department, including the Department’s existing Patrol staffing levels as well as established minimum staffing levels. Citygate also evaluated the time officers and other field personnel were committed (obligated) and uncommitted (available) from 2018 through March 2023; calls for service, including the number, type, and time committed to such calls; overtime in Field Services ; and the City’s most recent five -year crime history and population growth.

4.5.1 Patrol Utilization
Both in interviews of Department staff and in responses to our SWOT (Strengths, Weaknesses, Opportunities and Threats) survey , Citygate learned that many Patrol Sergeants and Lieutenants carry numerous ancillary duties, leaving them with less actual time in the field where they can watch, coach, supervise, and mentor their subordinates.

Citygate understands that not all Patrol activity will be neatly captured in computer-aided dispatch (CAD) data . For example, an officer assigned to one call may leave the call to assist another officer without first advising Communications.

Before “clearing” a call, some officers may drive by another officer’s traffic or pedestrian stop to ensure they are safe and do not require assistance (cover). Citygate also learned that City officers have a practice of sometimes showing themselves as available (to dispatchers) when they are not. For example, an officer may advise Dispatch that they are available while they are writing a report. This practice allows officers to know that other officers are available for cover or assistance if they choose to initiate a stop or contact.

Citygate also realizes that staffing needs will vary by time of day, day of week, and month of year.

Ideally, staffing is highest when service demand is highest, but Citygate believes the Department is correct in maintaining higher minimums on weekend shifts since support units are rarely available as a resource, and the overlap between Team 6 and Team 7 ends at 1:00 am when Team 6 goes off duty. The following figure and table show data related to Patrol utilization.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 61
Table 33—Utilization by Unit Type: Occupied and Available Hours

Figure 8—Utilization: Total Hours by Starting Task

Data as of 05/11/24
The table and figure above show that Patrol officers were available approximately 43 percent of their total hours worked ; however, many work-related tasks are not reflected. Such tasks may include report writing, transporting prisoners, attending meetings, etc. Also, and as noted previously, the available time Patrol officers have had was made available, in part, by the addition of officers and Sergeants working overtime virtually every day.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 62
Citygate’s analysis found that officers and Sergeants in Patrol worked a combined 37,619 hours of overtime in 2022 , and 32,459 hours in 2023. Assuming that officers and Sergeants were not available for work 15 percent of their total work hours in a year on average (2080 hours divided by 15 percent), then each officer/Sergeant worked 1,768 hours each year on average. At a “leave rate” of 15 percent, 32,459 overtime hours would equal approximately 18 full -time equivalent (FTE) employees. Additionally, officers from other units, such as the Bike Unit, were frequently pulled to Patrol to fill vacancies.

The following tables show the average number of public -generated CFS by hour of day and day of week for 2021 , 2022, and 2023 . The left side of each table shows average distinct incidents (CFS) per hour and day, while the right side of each table shows the average number of committed hours per hour and day of week.

Table 34—Public-Generated CFS – Incidents and Committed Hours (2021)

In the 2021 data, committed time to public-generated CFS begins to increase at 8:00 am (usually when people are awake and discover something is broken or missing) and then remain at an increased volume well into the early evening, until 6:00 pm to 8:00 pm. Friday and Saturday nights

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 63
also show increased work demand later in the night beginning at 10:00 pm. The outliers (extremely high numbers) could be due to demonstrations/protests or, possibly, officers not logging off an incident.

The following table reflects data from 2022.

Table 35—Public-Generated CFS – Incidents and Committed Hours (2022)

The table shows patterns that are similar to those from 2021. The following table reflects data from 2023.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 64
Table 36—Public-Generated CFS – Incidents and Committed Hours (2023)

The table shows data patterns similar to those from both 2021 and 2022.

4.6 PATROL ON-SCENE TIME
In Citygate’s assessment of Patrol officer on -scene time, we reviewed average on-scene time for 204,350 distinct on-scene incidents (public-generated calls for service). We also assessed average on-scene time for 51,225 distinct police-initiated incidents.

4.6.1 Calls for Service
Public-Generated
Citygate learned that officers were on-scene at public-generated incidents:
 70 minutes or less, 90 percent of the time.
 24 minutes or less, 70 percent of the time.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 65
 11 minutes or less, 51 percent of the time.

Officer-Initiated
Citygate learned that officers were on-scene at officer-initiated incidents:
 56 minutes or less, 90 percent of the time.
 20 minutes or less, 70 percent of the time.
 11 minutes or less, 51 percent of the time.

In summary, officers generally spent more time on the scene of public -generated CFS, which represent approximately 77 percent of the CFS to which they responded.

In a separate analysis of on-scene time, the Department found that officers are spending more on- scene time for each call, “ reflecting both the increasingly complex and demanding nature of calls.”9
The following table shows the most frequent call types by year. The table includes CFS data from 2021 through August 2023. Thus, the 2023 numbers within the parentheses are projected totals for 2023—assuming the same volume of CFS experienced from January through August.

Table 37—Most Frequent Call Responses by Call Type and Year Call Type 2021 2022 2023
Alarms Security 12,881 13,534 9,681 (14,521)
Complaints / Code Violations 10,602 10,434 7,615 (11,422) Vehicle Incidents 6,038 6,202 4,892 (7,338)
Public Assistance 3,732 3,840 3,113 (4,669)
Property Incidents 3,454 4,179 3,072 (4,608)
Welfare 2,978 2,912 2,123 (3,184)
High Risk 2,555 2,628 1,998 (2,997)
Most of the most frequent call types (which include both public -generated CFS and officer - initiated activity) have seen increases each year since 2021, except for minor drops in Complaints / Code Violations and Welfare in 2022. The projected 2023 numbers represent a 7 percent increase in Alarms/Security calls over 2022, and an almost 13 percent increase over the number of calls/responses in 2021. Further, the projected percentage increases over 2022 would be 9 percent relative to Complaints / Code violation s; 18 percent relative to Vehicle Incidents; 21 percent

9 Berkeley Police Department, 2023 Annual Report, page 14.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 66
relative to Public Assistance calls; 9 percent relative to Welfare calls, and 14 percent relative to High-Risk calls.

Citygate reviewed data related to 245,680 public-generated CFS and 52,408 officer- initiated incidents assigned to Patrol.

All data was captured from the period of January 2020 through August 2023.

Within the period of data analyzed by Citygate, Patrol responded to 55,327 public-generated CFS in the Alarms/Security category. The following table provides details rel ated to this category of CFS.

Table 38—Alarms/Security: 55,327 Total Incidents
Call Type Number of
Incidents
Audible Alarm 21,416
Wireless 9-1-1 13,852
Suspicious circumstances 10,610
Suspicious person 7,717
Silent Alarm 1,193
Unknown problem 312
Security check 178
Bank Alarm 36
Surveillance 12
Citygate believes that the great majority of calls falling into the category of Alarms/Security should continue to be assigned to officers. There are simply far too many unknown safety factors first responders must consider , and might face, at the scene of such calls . For example, suspects might be on-scene or nearby ; or investigative leads could be present at the scene , so the timely identification of these leads could point to a suspect or a suspect vehicle.

The Department should consider a lternative responses for several of the other , less frequent call types depending on what dispatchers determine during their screening of calls.

Within the period of data analyzed by Citygate, Patrol responded to 64,754 public-generated CFS in the Complaints / Code Violations category. The following table provides details related to this category of CFS.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 67
Table 39—Complaints/Code Violations: 64,754 Total Incidents Call Type Number of
Incidents
Disturbance 33,003
Noise Disturbance 12,845
Trespassing 9,374
Family Disturbance 3,574
Loud Report 1,314
Civil Standby 870
Harassing phone calls 782
Indecent exposure 712
Intoxicated person 450
Lodging in public 406
Barking dogs 366
Illegal dumping 278
Gambling 45
Business and Professions Code Violations 42
Prostitution 11
Animal matter 3
As the table shows , the bulk of Complaints / Code Violations calls (58,796 of 64,754) involved disturbances or trespassing. In Citygate’s experience, such calls should continue to be assigned to officers, because disturbances can (and do) quickly escalate to violence. Alternative (non-police) responses should be considered for those calls that lack the potential for violence and/or do not indicate that a suspect is nearby or on -scene—e.g., lodging in public, barking dogs, and illegal dumping.

Within the period of data analyzed by Citygate, Patrol responded to 30,354 CFS in the Vehicle Incidents category. The following table provides details related to this category of CFS.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 68
Table 40—Vehicle Incidents: 30,354 Total Incidents
Call Type Number of
Incidents
Auto Burglary 9,506
Abandoned Vehicle 6,126
Stolen Vehicle 5,350
Traffic Hazard 3,359
Suspicious Vehicle 3,350
Reckless Vehicle 2,898
Vehicle Damage 2,703
Vehicle Code Violation 1,010
Transportation 468
Exhibition of Speed 315
Throwing Substance at a Vehicle 185
Embezzled Vehicle 105
VIN Verification 86
Carjacking 71
“Lojack” Incident * 28
Suspicious Vehicle (Code 11-96) 21
Traffic Stop 18
Vehicle Recovery 6
* Lojack refers to a brand of theft recovery system that uses GPS, radio frequency and wireless technology to track and locate stolen vehicles. It is a battery-operated system that is hidden in a vehicle by a certified technician and helps law enforcement track and recover a stolen vehicle.

In Citygate’s review of Vehicle Incidents CFS, we discovered many calls that could be assigned to a police alternative such as a Community Service Officer (CSO). For example, depending on what dispatchers learn during the screening of a call , most auto burglaries, abandoned vehicles, traffic hazards, VIN verifications , and vehicle recoveries could be diverted from officers and assigned to Parking Enforcement officers or CSOs.

Within the period of data analyzed by Citygate, Patrol responded to 22,969 CFS in the Property Incidents category. The following table provides details related to this category of CFS.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 69
Table 41—Property Incidents: 22,969 Total Incidents
Call Type Number of
Incidents
Theft 9,940
Burglary 3,608
Found Property 2,589
Grand Theft 2,494
Vandalism 1,843
Recovered Stolen Vehicle 1,074
Identity Theft 676
Property Damage 226
Forgery 155
Theft In-custody 155
Defrauding an Innkeeper 102
Possessing Stolen Property 57
Lost Property 46
Prescription Fraud 4
In Citygate’s review of Property Incidents, we also believe many could be handled by civilian first responders or diverted to online reporting. In Citygate’s experience, c alls or reports of theft, burglary, found property, grand theft , and vandalism are frequently handled by CSOs at other agencies. If a call indicates a suspect might be known, on the scene, or nearby, then a police officer should be assigned instead.

Within the period of data analyzed by Citygate, Patrol responded to 16,370 CFS in the Public Assistance category. The following table provides details related to this category of CFS.

Table 42—Public Assistance: 16,370 Total Incidents
Call Type Number of
Incidents
Advice 8,266
Aid to Citizen 6,401
Call for Help 890
Information 752
Flag Down 55
City Manager Request 6

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 70
In Citygate’s review of calls categorized as “Public Assistance,” we found that non-sworn personnel can likely handle many such incidents. For example, depending on the advice sought or the aid needed, it does appear that a CSO could first respond to such calls and then assess the need for police officers.

Within the period of data analyzed by Citygate, Patrol responded to 12,177 CFS in the High Risk / Individual Safety category. The following table provides details related to this category of CFS.

Table 43—High Risk – Individual Safety: 12,177 Total Incidents Call Type Number of
Incidents
Battery 5,831
Robbery 1,469
Suicide 1,443
Person Down 1,214
DUI 373
Assist (Code 1) 369
Sexual Assault 274
Domestic Violence (misdemeanor and felony) 510
Missing Person (at-risk) 219
Serious Battery 130
Prowler 82
Hate Crime 62
Child Neglect 58
Sexual Molestation 18
Sexual Assault 13
Residential Robbery 11
Kidnapping 11
Child Molestation 6
Within the period of data analyzed by Citygate, Patrol also responded to 2,171 CFS in the High Risk / Public Safety category. The following table provides details related to this category of CFS.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 71
Table 44—High Risk – Public Safety: 2,171 Total Incidents Call Type Number of
Incidents
Brandishing a Weapon 1,111
Assault with a Deadly Weapon 407
Person with a Gun 304
Arson 210
Shooting 59
Shooting 53
Demonstration 10
Explosion 6
Bomb Threat 4
Structure Fire 3
Bart Tunnel Incident 3
Bomb Technician Incident 1
Given the obvious public and officer safety concerns surrounding most “ High-Risk” incidents, officers should be the assigned as first responders to this category of incident. Even if suspects are not on-scene when these calls are made to dispatchers, officers are likely to pursue them after meeting with victims and witnesses , or as new information is provided to and conveyed by dispatchers. Also, the need to both identify and preserve evidence (including victim and witness statements) should dictate the response of trained officers.

Within the period of data analyzed by Citygate, Patrol responded to 17,621 CFS in the Welfare category. The following table provides details related to this category of CFS.

Table 45—Welfare: 17,621 Total Incidents
Call Type Number of
Incidents
Welfare Check 15,500
Missing Person 1,144
Restraining Order Violation 647
Incorrigible Juvenile 124
Cruelty to Animals 106
Missing Juvenile 100

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 72
Officers are likely to be assigned to most such welfare calls, but their response will depend on what dispatchers learn from callers. “Welfare checks” and calls of missing persons may involve serious or violent crimes. While some of these CFS may initially be taken by non-sworn personnel, sworn officers will still likely be needed if any suspects are identified or a serious crime has occurred.

The following figure shows the Department’s response to public -generated Priority 1 (highest- priority) CFS.

Figure 9—Patrol: Public-Generated Priority 1 Calls for Service (2020–2023)

There were 31,814 Priority 1 CFS between January 2020 and August 2023. 55 percent of these calls fell into the categories of high or medium risk, which would likely necessitate the response of at least two police officers. A spike in such calls began in July of 2023 and continued into August. After an expected decline in the police response to Priority 1 calls in 2020 given the outbreak of COVID-19, police response to such CFS began to rise in 2021—peaking in October of that year. There was also a significant decrease in response to such CFS in February 2022. 2023 saw an increase over 2022, peaking in August of that year.

The following figure shows the Department’s response to 52,408 officer -initiated incidents between January 2020 and August 2023.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 73
Figure 10—Patrol: Officer-Initiated Calls for Service (2020–2023)

A plurality of these incidents were vehicle incidents (likely car stops), followed by alarms and security checks. There was a significant decline in officer-initiated activity in 2020 and, in the years since, the reduced level of activity has continued through 2023—a pattern Citygate has observed with other recent clients. There was also a decline in officer -initiated activity in 2023, which corresponds with a simultaneous increase in several Part 1 crime categories over the same period.

Of the 52,408 incidents:
 44 percent were vehicle incidents
 31 percent were alarms/security
 10 percent were public assistance
 8 percent were stops/obstruction/resisting/drug-related  1.4 percent were parking related.

Citygate’s analysis of officer-initiated activity yielded the following:

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 74
 Since 2019, officer-initiated activity has decreased by 30 percent.  There was an average of 740 officer-initiated incidents per month in 2022.  There was a 15 percent reduction in officer-initiated incidents in 2023 to 627 per month.
 There was also a 15 percent increase in Part 1 crime in 2023.

The Department’s 2023 Annual Report shows the following data for officer -initiated calls from 2019 through 2023:
 2019: 20.4K calls
 2020: 14.6K calls
 2021: 15.2K calls
 2022: 15.3K calls
 2023: 14.1K calls10

4.7 ADDITIONAL OPERATIONAL DEMANDS ON PATROL
Citygate found that there are many additional, service-related needs and operational demands that are increasingly consuming more Patrol officer and Patrol Sergeant time, leaving them less time for proactive work —including preventative patrols, traffic enforcement, field supervision, and community engagement.

Some of these service-related needs and operational demands include:

4.7.1 Booking/Jail Delays
Since the COVID-19 outbreak, far more arrestees are not being admitted into the City Jail, since many now require a “fit for incarceration” clearance from a local hospital. When such arrestees are rejected at the City Jail , they are then transported (after medical clearance) to the Alameda County Santa Rita Jail in Dublin for booking. Bookings at the Santa Rita Jail have grown increasingly more time consuming to the extent that a simple arrest may now take hours for booking. This process also takes at least two officers out of service for each arrestee.

10 Berkeley Police Department, 2023 Annual Report, page 18.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 75

4.7.2 Ancillary Duties/Training
Citygate learned that a lot of on -duty time is spent on police duties beyond an officer’s or Sergeant’s core duties. Some of these ancillary assignments include active shooter training, SWAT training, firearms training and qualifications, peer support meetings, etc.

4.7.3 Video Retrieval
Retrieving, reviewing, and downloading video —including officer body -worn camera video and video captured by privately owned cameras—consumes a lot of time.

The Alameda County District Attorney’s Office informed Citygate that retrieving video from privately owned cameras is expected and often necessary to prosecute crime. If officers cannot retrieve such video initially, the District Attorney’s office expects that Department staff will make and document all follow -up attempts. Patrol officers attempt to recover video where practical, which involves locating cameras and their owners and collecting or requesting that owners produce necessary video files/clips. Officers then view footage before sharing it with investigators.

Officers also spend significant time reviewing their own body-worn camera video prior to completing police reports. Finally, detectives must often then make similar follow -up efforts related to whatever video Patrol officers are unable to locate and retrieve.

Officers also frequently discover victims who own electronic devices equipped with their own tracking devices. Many people now plant small trackers in or on their bags, vehicles, and even pets, which allow for tracking a stolen or missing item’s whereabouts in real time. These devices may also require significant time to track and locate.

4.7.4 Use of Force Reporting
In February 2021, the Department transitioned to a new Use of Force policy. The new policy expands use-of-force reporting requirements and sets forth four supervisory use of force reporting levels—from Level 1 (control holds, the use of leverage or body weight with no injury or complaint of pain , grabbing, and takedowns), to Level 4 (deadly force, or any force likely to cause death or serious bodily injury).

Citygate has learned that supervisors expend significant time responding to, evaluating, and reporting the police use of force.

The Department’s policy (General Order 300) is comprehensive, outlining when force should be used and how it is to be reported. The policy makes clear that all uses of force shall be documented promptly, completely, and accurately.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 76
Berkeley Police Department – Use of Force Reporting Levels LEVEL 1
The officer used any of the following, and the
circumstances of the application would lead
an objectively reasonable officer to conclude
that the subject did not experience more than
temporary discomfort:
▪ Control holds/pain compliance techniques
▪ Leverage
▪ Grab
▪ Bodyweight
▪ The officer lowered the subject to a seated
position or to the ground while partially or
completely supporting the person’s
bodyweight.
▪ Takedown
If the incident fits the parameters for a Level 1 incident, the supervisor will enter all applicable data into the BlueTeam11 template with a brief summary.

LEVEL 2
No suspect injury or complaint of pain due to
interaction with officer. The officer’s use of
force was limited to the following:
▪ Firearm drawn from the holster or otherwise
deployed during an interaction with an
individual and/or pointed at an individual.
▪ Control hold, pressure point, leverage, grab,
takedown and/or bodyweight, and the
application would lead a reasonably objective
officer to conclude that the individual may
have experienced more than momentary
discomfort.

An uninvolved supervisor, when feasible, will respond to the scene and conduct a use of force investigation, ensuring all statements are taken from the suspect and witnesses, and that photos are taken of all involved parties. If the incident fits the parameters for a Level 2 incident, the supervisor will enter all applicable data into the BlueTeam template with a brief summary.

LEVEL 3
Suspect has sustained an injury or complains
of injury or continuing pain due to interaction
with the officer. The incident would have
otherwise been classified as a Level 2 except
an officer’s body-worn camera was not
activated in a timely manner, prior to the
enforcement contact, per policy. Officers used
any of the following force options:
▪ Chemical agents / munitions
▪ Impact weapon strikes
▪ Personal body weapons

11 BlueTeam is a web -enabled frontline software that enables paperless use -of-force reporting and review within IAPro, which is a set of specialized online applications designed to support Professional Standards and front -line uniform and supervisory personnel. It is now used by over 950 public safety agencies.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 77
An uninvolved supervisor, when practical, will respond to the scene and conduct a use of force investigation, ensuring that statements are taken from the suspect and witnesses. If the incident fits the parameters for a Level 3 incident, the supervisor will enter all applicable data into the Blue Team template.

The supervisor will also complete a use of force investigation report narrative in BlueTeam for review through the Use of Force Review process. Suspect and witness statements from the crime report will be attached to the use of force investigation.

LEVEL 4
Any incident involving deadly force or any
force likely to cause death or serious bodily
injury will be investigated under separate
protocols outlined in another policy (Policy P-
12). Supervisors are also required to respond
to any reported use of force, if reasonably
available. They are then expected to perform
the following tasks:
▪ Obtain the basic facts from the involved
officers.
▪ Ensure that any injured parties are examined
and treated.
▪ Ensure that photographs have been taken of
any areas involving visible injury or complaint
of pain.
▪ Identify witnesses not already included in
related reports.
▪ Review body camera footage related to the
incident.

While Use of Force Level 3 and Level 4 require a more comprehensive investigation, a Use of Force classified as Level 1 or Level 2 also requires supervisors to enter all applicable data into a BlueTeam template with a brief summary. When a Level 2 Use of Force is used, an uninvolved supervisor is also required to respond to the scene. When a Level 1 Use of Force is used, sergeants are to be notified; they then speak to involved officers and review any relevant body-worn camera footage, but generally do not respond to the scene.

Even a Level 1 Use of Force—the least amount of potential force used—can consume hours of a supervisor’s time, leaving supervisors unavailable to lead and supervise their respective teams.

The Police Transparency Hub shows that officers used force in 187 incidents in 2024 (as of August 11). In these incidents, 484 officers and 204 subjects of police contact were involved , and use of force categories were recorded as shown in the following table.

Table 46—Categories of Force by Use (2024)
Level of Force Total Uses
Level 1 441
Level 2 184
Level 3 34
Level 4 0

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 78
Relevant state law sets forth guidelines for when and how officers should use force, representing a significant step toward more accountable law enforcement practices regarding the use of force.

Specifically, Penal Code Section 835a (3) notes that the decision by a peace officer to use force shall be evaluated carefully and thoroughly in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers. Government Code Section 7286 outlines 23 provisions that each California law enforcement is required to have in their use of force policies.

The City of Berkeley appears to exceed the standards set forth in state law.

Use of Force Reporting – Other Local Agencies
To further evaluate the City’s use of force reporting practices, Citygate reviewed the policies of several other local agencies.

San Francisco Police Department
The San Francisco Police Department (SFPD) Use of Force Policy is found in SFPD General Order 5.01 (dated February 2021). The policy, like Berkeley’s, rightly emphasizes safeguarding human life, the importance of establishing communication, de -escalation, proportionality, crisis intervention, fair and unbiased policing, and the duty to intervene when an officer knows or has reason to know that another officer is about to use or is using unnecessary force.

However, San Francisco residents recently passed Measure E in March 2024. The measure limits the amount of time a patrol officer may spend on administrative tasks to 20 percent of on -duty time and requires written reports for use of force events only when a physical injury occurred or if a firearm was removed from an officer’s holster, allowing body camera footage to satisfy reporting requirements.

Fremont Police Department
The Fremont Police Department’s Use of Force Policy (found in Fremont Police Department General Order 300) notes that the following uses of force shall be made known to supervisors as soon as practicable following the application or alleged application of force in any of the following circumstances.
 The application caused a visible injury.
 The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
 The individual subjected to the force complained of injury or continuing pain.  An individual alleges unreasonable force was used or that any of the above has occurred.

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City of Berkeley, CA
Workload Organizational Study of the Police Department
Section 4—Operations Division Review page 79
 Any application of a restraint device other than handcuffs, shackles, or belly chains (i.e. WRAP).
 The individual subjected to the force was rendered unconscious.  Any application or attempted application of a TASER device, impact weapon, or control device.
 Any application of a pain compliance technique used to overcome resistance.  When a K9 is deployed and bites or otherwise causes injury to a suspect.  An individual was struck, kicked, or taken to the ground.  Any lawful intervention with a vehicle to include a Pursuit Intervention Technique (PIT).
 Any use of the Vehicle Containment Technique (VCT) when vehicle contact occurs.
 Any deployment of a noise flash diversionary device (NFDD).  Any deployment of chemical agents (CS Gas).
 Any other required notification outlined in another FPD policy.

The Fremont Police Department requires supervisors to respond to any reported use of force, if reasonably available, and to conduct an administrative review of the use of force in accordance with established departmental guidelines and state law (Government Code 7286(b)).

Richmond Police Department
The Richmond Police Department’s Use of Force Policy (found in Richmond Police Department General Order 300) notes that incidents require reporting when the suspect had more than momentary discomfort, has a visible injury, complains of injury or continued pain, was struck with personal body weapons or impact weapons, was rendered unconscious, or the incident include application of a conducted electrical weapon (CEW) or wrap restraint. Richmond’s policy further adds that any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code Section 832.13).  The application caused a visible injury.
 The application would lead a reasonable officer to conclude that the individual may have experienced more than temporary discomfort.
 The individual subjected to the force complained of injury or continuing pain.  The individual indicates an intent to pursue litigation.

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 Any application of a conducted energy device or control device.  Any application of a restraint device other than handcuffs, shackles, or belly chains.  The individual subjected to the force was rendered unconscious.  An individual was struck or kicked.
 An individual alleges unreasonable force was used or that any of the above has occurred.

Supervisors under Richmond’s policy are required to respond to any reported use of force, if reasonably available. The responding supervisor , per Government Code Section 7286(b), is then expected to:
 Obtain the basic facts from the involved officers.
 Ensure that any injured parties are examined and treated.  When possible, separately obtain a recorded interview with the subject upon whom force was applied.
 Ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas.  Identify any witnesses not already included in related reports.  Review and approve all related reports.
 Determine if there is any indication that the subject may pursue civil litigation.  Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non -compliance or if for any reason further investigation may be appropriate.

Santa Clara Police Department
The Santa Clara Police Department’s Use of Force Policy (found in Santa Clara Police Department General Order 300 ) notes that the following uses of force shall be immediately reported to a supervisor.
 The application caused a visible injury.
 The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
 The individual subjected to the force complained of injury or continuing pain.  The individual indicates intent to pursue litigation.

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 Any application of a conducted energy device or control device.  Any application of a restraint device other than handcuffs, shackles, or belly chains.  The individual subjected to the force was rendered unconscious.  An individual was struck or kicked.
 An individual alleges unreasonable force was used or that any of the above has occurred.

Supervisors are required to respond to any reported use of force if reasonably available.

Supervisors are then expected to:
 Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.
 Ensure that any injured parties are examined and treated.  Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas.

These photographs should be retained until all potential civil litigation has expired.  Identify any witnesses not already included in related reports.  Review and approve all related reports.
 Determine if there is any indication that the subject may pursue civil litigation.  Evaluate the circumstances surrounding the incident and initiate an administrative investigation of there is a question of policy non-compliance or if any reason further investigation may be appropriate.

San Leandro Police Department
The San Leandro Police Department’s Use of Force Policy can be found in the city’s General Order 300. By policy, San Leandro officers are required to notify supervisors under the following circumstances.
 The application caused visible injury.
 The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
 The individual subjected to the force complained of injury or continuing pain.

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 The individual indicates intent to pursue litigation.  Any less lethal deployment, including a TASER device or OC spray (even if the subject was not hit).
 Any application of a restraint device other than handcuffs, shackles or belly chains.  The individual subjected to the force was rendered unconscious.  An individual was struck or kicked by any means, including impact weapons.  Any maneuver that results in a subject being taken down to the ground (regardless of injury).
 K-9 bites.
 An individual alleges unreasonable force was used or that any of the above has occurred.
 Additional situations that require supervisory notification and documentation in an officer’s report.
 Whenever an individual arrested by a member of this Department has received an obviously recent injury, and it has been clearly determined the injury occurred solely as a result of an incident prior to police contact.  Whenever an individual arrested or detained has received an injury while in police custody which is not the result of the application of force.

Hayward Police Department
Hayward’s Use of Force Policy can be found in the city’s General Order 300 (June 2023) and describes that officers are to notify supervisors in the following circumstances.  The application caused visible injury.
 The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
 The individual subjected to the force complained of injury or continuing pain.  The individual indicates intent to pursue litigation.  Any application of a CED or control device.
 Any application of a restraint device other than handcuffs, shackles, or belly chains.  The individual subjected to the force was rendered unconscious.

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 An individual was struck or kicked.
 An individual alleges unreasonable force was used or that any of the above has occurred.

Under Hayward’s policy, supervisors are required to respond to any reported use of force, if reasonably available. The responding supervisor is expected to:
 Obtain the basic facts from the involved officers.
 Ensure that any injured parties are examined and treated.  When possible, separately obtain a recorded interview with the subject upon whom force was applied.
 Ensure that photographs are taken of any areas involving visible injury or complaint of pain.
 Identify witnesses not already included in related reports.  Review and approve all related reports.
 Determine if there is any indication that the subject may pursue civil litigation.  Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non -compliance or if for any reason further investigation may be appropriate.

Use of Force Policy Analysis – Reporting Protocols
Berkeley’s Use of Force Policy appears to be an outlier when compared to the aforementioned agencies. In particular, Fremont, Hayward, Richmond, San Leandro, and Santa Clara all require notification of a supervisor when a use of force results in visible injury or when the application of force would lead a reasonable officer to believe that the individual may have experienced more than temporary (or momentary) discomfort. Berkeley’s Level 1 guidelines establish a different threshold, requiring officers to notify supervisors when officers use control holds/pain compliance techniques, leverage, grabbing, bodyweight, takedowns, or the officer lowers a subject to a seated position while partially or completely supporting the person’s bodyweight , and an objectively reasonable officer would conclude that the subject did not experience more than temporary discomfort.

Berkeley’s Level 2 Use of Force does require notification of a supervisor if an officer draws a firearm from his/her holster or employs a control hold, pressure point, leverage, grab, takedown and/or bodyweight and the application would lead a reasonably objective officer to conclude that the individual may have experienced more than temporary discomfort.

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Sergeants today are expected to be actively engaged with the community and leading their officers on the street. Further, it is essential that sergeants closely monitor the police radio to remain aware of what officers in their command are doing, and to respond quickly to certain calls —especially critical incidents where the chances of conflict or public attention are high.12 Berkeley’s requirement that officers notify supervisors when a Level 1 Use of Force—in which a reasonable officer would conclude that the subject did not experience more than temporary discomfort—differs from that of the cities of Fremont, Hayward, Richmond, San Leandro, and Santa Clara. Data from the Department’s Transparency Hub reveals that a Level 1 Use of Force is the most frequently reported use of force, and although such uses of force do not require that a supervisor respond to the scene, they do require extensive supervisor time to speak with involved officers, review any related video, and then document their findings in a BlueTeam template.

Use of Force Finding
Finding #21: Berkeley’s Level 1 Use of Force criteria, while well intentioned, unnecessarily diverts supervisor time to review actions that do not require in-depth review. The supervisors’ time is better spent with officers on calls so that supervisors can train personnel and model interactions in accordance with policy, training , and Departmental values.

Use of Force Recommendation
Recommendation #7: Given the number of reported Level 1 uses of force in Berkeley —in which a subject did not experience more than temporary discomfort— Citygate recommends the City and Department modify their reporting requirements to those more in line with the policies of the cities of Fremont, Hayward, Richmond, San Leandro, and Santa Clara , whose Lexipol-created policies comply with both state and federal law.

Additional Use of Force Considerations
Citygate believes Berkeley officers can and should still document these lower-level uses of force in crime reports. Officers should also continue to capture such contacts with their body -worn cameras. Such documentation woul d meet the Department’s reporting goals while freeing sergeants from having to speak to officers and review video following every such encounter, as the time spent on such reports and video review is time lost overseeing the activities of officers.

Of course, if officers fail to capture such contacts on their body-worn cameras, then response from a sergeant should be mandatory (as it is now fo r uses of force that fall within the guidelines of

12 See Promoting Excellence in First-Line Supervision: New Approaches to Selection, Training, and Leadership Development, October 2018, published by the Police Executive Research Forum:
https://www.policeforum.org/assets/FirstLineSupervision.pdf

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force levels 2, 3, and 4), and nothing should prevent a sergeant , command officer, or another organizational unit from randomly auditing such videos.

4.7.5 Racial and Identity Profiling Act (RIPA) Reporting The Department transitioned to RIPA stop data collection effective October 1, 2020 , which was well in advance of the legally required date of January 1, 2022. Data collected by the Department conforms to requirements set forth in Government Code section 12525.5, which was enacted as a result of Assembly Bill 953, the Racial and Identity Profiling Act (RIPA) of 2015. The Department publishes its data online via its RIPA Data Collection Project.

4.7.6 Equipment Ordinance Reporting
Assembly Bill 481, which became effective on January 1, 2022, requires law enforcement agencies to obtain approval of the applicable governing body ( mayor and City Council) by adoption of a military equipment use policy prior to taking certain actions related to the funding, acquisition, or use of military equipment. The Department’s military equipment includes unmanned, remotely piloted, powered aerial, or ground vehicles; mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers ; high-mobility multipurpose wheeled vehicles (HMMWV) ; tracked armored vehicles that provide ballistic protection to their occupants ; and command and control vehicles. The Department deployed specialized gear 64 times in 2023, which is 27 percent fewer times than in 2022.

4.7.7 Miscellaneous Service Call Reporting
Several Sergeants informed Citygate that they must review all dispatched calls to an officer where a report is not written. They estimated that nearly 1.5 hours per shift is spent reviewing such calls.

4.8 THE ICMA “RULE OF 60”
Since 2008, the International City/County Management Association (ICMA) Center for Public Safety Management has conducted police operational and data analyses. The ICMA data analysis, like Citygate’s, relies on information captured in a department’s incident data report system.

The ICMA has long recommended a now widely used guideline for evaluating police patrol staffing known as the “Rule of 60.”
The “Rule of 60” has its shortcomings in that it relies almost exclusively on demand as understood through 9-1-1 calls, and thus ignores other elements of community demands placed on a department. To overcome these shor tcomings, the ICMA recommends that workload demands should be modeled and then placed in context with the other operational demands facing a department.

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The “Rule of 60” applies to two critical variables:

1. Of the total number of sworn officers in a department, approximately 60 percent should be assigned to the patrol function.

2. The average workload for patrol staff should not exceed 60 percent. The busiest communities in the ICMA analysis d id not dedicate more than 60 percent of their patrol resources towards workload (which includes public -initiated CFS, police - initiated CFS, administrative and out -of-service time, as well as directed patrol time).

4.8.1 Resource Allocation
60 Percent of Sworn Officers: The Rule of 60 suggests that approximately 60 percent of a department’s total sworn officers should be assigned to the patrol function. This ensures sufficient personnel dedicated to maintaining a visible presence within the community and responding to calls for service.

For the City, 60 percent of 181 authorized sworn officers across the Department would mean that 109 sworn personnel (per the “Rule of 60”) should be assigned to Patrol. Currently , due to vacancies, the City deploys a total of 15 0 sworn personnel Department-wide rather than the authorized 181 . Of th ose 150, 58 police officers are assigned to Patrol, four officers (area coordinators) are assigned to Community Services, and five more are assigned to Bike Patrol.

Additionally, Patrol staffing includes 14 Sergeants, four Lieutenants, and one Captain. Together, this means a total of 86 sworn personnel (including the four officers assigned as area coordinators and five on the Bike Team) are deployed within the Department’s Patrol function, as shown in the following table.

Table 47—Berkeley Sworn Personnel Allocation
181 authorized sworn personnel
Department-wide
86 actual sworn personnel
within Patrol
- 135 police officers - 67 police officers
- 32 Sergeants - 14 Sergeants
- 9 Lieutenants - 4 Lieutenants
- 3 Captains
- 1 Deputy Chief
- 1 Captain
- 1 Chief of Police

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Of 181 total authorized sworn personnel , 86 sworn personnel represents 48 percent of the Department’s uniformed personnel being dedicated to Patrol —thus falling short of the ICMA resource allocation guideline of at least 60 percent. However, i t is necessary to note that the Department frequently supplements Patrol staffing with officers working on an overtime basis, and other officers are often pulled from their regular duties to cover Patrol beats when necessitated by vacancies. For a figure based solely on actual/available (rather than authorized) staffing: 86 sworn personnel dedicated to field operations, compared only to the current total sworn staff of 150 Department-wide, still sits below the ICMA guideline at 57 percent.

4.8.2 Workload Efficiency
60 Percent of Patrol Time: The Rule of 60 suggests that out of the total patrol officer time, no more than 60 percent should be spent responding to calls for service (reactive workload). This leaves 40 percent for discretionary time, allowing officers to:
 Proactively address community problems and concerns.
 Engage in community policing initiatives.
 Maintain availability for emergencies requiring
immediate response.

Citygate determined that Patrol utilization in the City was approximately 57 percent, which meets the 60 percent workload efficiency threshold (guideline) established by the Rule of 60. However, when evaluating utilization, Patrol was only able to achieve such availability because of the more than 35,000 annual (average) hours of overtime that were spent backfilling Patrol vacancies in recent years. Further, the Department has also routinely pulled Bike Team officers from their normal duties to fill Patrol vacancies. As a result, the time utilized or committed that was assessed by Citygate did not always capture the time spent on the other operational demands.

4.8.3 Applying the Rule of 60
Data Analysis: The Rule of 60 is applied by analyzing data related to personnel allocation, call volume, call types, response times, and officer activity logs.

Benchmarking: Comparing the Department’s data to the Rule of 60 serves as a benchmark.

Identifying Needs: Deviations from the rule can highlight potential resource imbalances or workload inefficiencies.

Decision-Making: Based on the analysis, informed decisions can be made regarding:
▪ Adjusting staffing levels to meet community needs.
▪ Optimizing Patrol deployment for better coverage.
▪ Improving Patrol practices to increase proactive policing time.

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Overall, the Rule of 60 provides a valuable framework for police departments to assess and optimize their patrol staffing, aiming for both efficient resource allocation and effective community engagement.

It is important to highlight that the Rule of 60 is not a rigid standard but a general guideline. The specific needs and circumstances of each community will necessitate adjustments. Citygate considered these factors as part of the workload analysis, along with crime trends, demographics, and patrol coverage needs.

4.9 OPERATIONS DIVISION FINDINGS AND RECOMMENDATIONS

4.9.1 Findings
Finding #22: 34,111 overtime hours were worked in Patrol in 2023.

Finding #23: Calls for service and calls per shift per officer have increased.

Finding #24: Incidents within most Part 1 crime categories have increased.

Finding #25: Case reports have steadily risen since 2020.

Finding #26: The Department’s allotted span of control in Patrol (Sergeant to officer) is approximately one Sergeant to four or five officers, which appears reasonable, if not better than, recommended best practices . By adding 15 officers, the span of control of the 14 Patrol sergeants, at a ratio of 1:5 or 1:6, would still be reasonable and consistent with best practices.

Finding #27: Sergeants and Patrol officers are now spending more time on various administrative, prisoner transportation, or evidence collection tasks that consume increasingly more time and may also take multiple officers off the street and out of the City (or otherwise out of service) for hours at a time.

Finding #28: An analysis of Patrol officer utilization reveals that officers were available for calls for service 43 percent of the ir total work time on average. However, such availability was achieved, in part, by adding thousands of overtime hours and the frequent reassignment of Bike Team officers to Patrol to fill vacant positions.

Finding #29: The Department now has the data and analysis capacity to regularly assess staffing levels in Patrol. By monitoring calls for service, response times, time for community engagement, unobligated police time, and other work demands not captured in CAD records, the Department should be able to assess how many officers and other staff (such as CSOs) are needed in Patrol across the three shifts.

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The Department can then make staffing adjustments which can then be reflected in future “timesheets.”
Finding #30: The Community Services Bureau provides many necessary and valuable roles.

The problem-solving efforts of the four community liaisons undoubtedly reduce call and work demands on Patrol.

Finding #31: The Community Services Bureau’s Transparency Hub is an impressive source of a wide variety of police information that includes data on crime, use of force, and traffic safety . It is a model for other police agencies and also reinforces the Department’s commitment to building community trust, confidence, and support.

Finding #32: The Bike Team enjoys strong support. Like the Community Services Bureau, their work also likely reduces call and other work demands on Patrol.

Finding #33: Given reduced staffing levels and the additional time officers are not available on the street, officer-initiated activity has declined, average response time to Priority 2 and Priority 3 calls has increased since 2020, and average officer time on-scene has increased.

4.9.2 Recommendations
Recommendation #8: Restore Patrol staffing by adding 15 additional officers—four officers each to teams 1, 2, and 3 ; and three officers to Team 7 —bringing the total from the current 58 to 73. It is Citygate’s understanding that these additional positions are funded but not currently filled. The added staffing would reduce the need for Patrol overtime , which w ould reduce the likelihood of fatigue and burnout while affording officers the ability to take time off without the need to “sell” shifts . [Note:
“Selling” a shift occurs when Patrol minimum staffing is reached, and Patrol officers want time off. They are generally allowed such time off only if they can find another officer to fi ll in for them on an overtime basis.]
Recommendation #9: Add five CSOs ( Citygate understands these positions have already been funded) to support Patrol officers on weekday morning and evening shifts. Given existing call demands and committed time, Citygate believes the Department should strategically deploy five Patrol CSOs to match those times of day and days of week where Patrol time is most obligated currently (Day Shift and Swing Shift), which would help to reduce the committed time of Patrol officers, affording them more time for community engagement and to be proactive while

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also ensuring greater availability to respond to emergencies and cover assignments.

Recommendation #10: CSOs should be trained to take many non -emergency calls and write related reports, recover stolen vehicles and found property, tow abandoned vehicles, retrieve and download video evidence, transport witnesses and victims, etc.

Recommendation #11: After staffing is added to Patrol, create a team of five officers led by one Sergeant that can be flexibly deployed to quickly address most any emerging public safety issue, which might include organized retail theft, robberies, carjackings, etc. Such a team might also serve as a field resource for detectives . This team should also be one that can move rapidly across shifts and days of the week to address issues identified in the Department’s strategic analysis of crime.

Recommendation #12: The Department should continue to closely evaluate Patrol spans of control; call patterns, including the number, location, and types of calls; response time; unobligated (available) police time ; and call-handling (on-scene) time. These factors are essential in assessing Patrol’s staffing needs now and in the future. Further, even though call volume may remain stable in future years, call -handling time —and the nature/type of such calls along with other operational work demands— may suggest the need for more staff and/or the redeployment of existing staff to ensure Patrol can meet the service expectations of City residents.

Recommendation #13: When the Community Services Bureau’s PIO and Strategic Analysis Team are transferred to the Chief’s Office, the Bike Team should be realigned under the Community Services Burea u, where the Community Services Bureau Lieutenant can provide oversight, thus relieving a Patrol Lieutenant from this responsibility.

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SECTION 5—INVESTIGATIONS DIVISION REVIEW

5.1 DIVISION OVERVIEW
A Captain leads the Investigations Division . In addition to regular duties, the Captain carries several ancillary duties —which include serving as the Department’s Wellness and Resilience Coordinator, a Peer Support Team Liaison, and a Defensive Tactics Instructor. The Captain is also tasked with attending several monthly meetings, including those with the Police Accountability Board and the City Council, and also regularly attends meetings with community members related various public safety issues, including traffic safety and homelessness.

Other Division staffing includes one Lieutenant; five Sergeants; one non-sworn Supervisor who oversees the Crime Scene Unit; and 15 detectives—including two in the Homicide detail, two in the Robbery detail, three in the Special Victims Unit, three (including a School Resource Officer) in the Youth Services detail, and five assigned to the Property Crimes detail (two of these positions are vacant). There are also three civilian Crime Scene Investigators and one Crime Analyst.

The following table displays the number of Investigations personnel by position.

Table 48—Investigations Division and Personnel
Position Number of
Personnel
Captain 1
Lieutenant 1
Sergeants 5
Detectives 15*
School Resource Officer 1
Community Services Officer (Crime Scene Investigators) 3 Crime Scene Unit Civilian Supervisor 1
Crime Analyst 1
* Includes two vacancies
Investigations’ cases generally originate from Patrol officers who conduct initial preliminary investigations in the field and then complete and forward their crime reports. Detective assignments to Investigations are generally limited to three years, plus one additional year, based on performance. This time frame is also flexible based on the expertise of individual detectives.

In interviews with Investigations staff, Citygate noted that staff enjoy serving as investigators, but some did express concerns.

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The Department does not have any full-time investigators specifically assigned to investigate narcotics offenses, nor are any staff assigned to any regional task forces. Citygate learned that full- time narcotics investigators existed at the Department approximately four years ago, but these positions were eliminated. Citygate also learned that other local jurisdictions frequently serve narcotics-related search warrants in Berkeley but must request assistance from Patrol officers since narcotics-trained detectives are not available in the City.

Citygate found that the addition of a full-time, Real-Time Crime Analyst position could support both Patrol and Investigative operations by rapidly operationalizing data to provide immediate, actionable intelligence to officers in the field and detectives working active cases. The Crime Analyst could process and analyze information from automated license plate reader (ALPR) systems, fixed cameras, and other databases—transforming raw data into useful insights during ongoing CFS and investigative operations. By quickly identifying patterns, suspects, and potential risks, the Department’s ability to make data-driven decisions in real-time would be enhanced. This position would be crucial in bridging the gap between technology and field operations, improving the speed and efficiency of both Patrol responses and complex investigations.

Citygate also learned that the Division lacks a “soft” interview room to interview victims and witnesses, especially children. Currently, the Department only has standard interview rooms containing a table and chairs for victim, witness , and suspect interviews. Soft interview rooms vary by jurisdiction. Most contain cushioned chairs, sofas, artwork on the walls , and other amenities. For young victims and witnesses, a soft interview room may contain age -appropriate stuffed animals and other items —all to make the victim or witness feel more comfortable when talking to detectives.

Training for new detectives is informal, and Citygate found that there is no standardized training protocol for new detectives. Depending on the investigative unit, some detectives are sent to different California Commission on Peace Officer Standards and Training (CA POST) courses, or to courses at the Robert Presley Institute of Criminal Investigations (ICI). Citygate determined there is no policy or direction for which POST/ICI courses detectives should take:
 Some Investigations staff are sent to courses on how to investigate officer-involved shootings.
 Some have taken the basic POST/ICI course.
 Some have only attended a POST/ICI course in their respective specialty area.

By not sending newly assigned detectives to accredited training, a deficit of knowledge is created.

As with any training program —from basic training academy to field training —basic POST/ICI training would provide new detectives with a wealth of foundational knowledge and material to ensure they are fully equipped to serve the citizens of the City. Further, a standardized training

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program within the Department would also ensure new detectives possess awareness of all available local resources.

While there is one Crime Analyst assigned to Investigations, the work performed by the Analyst is not exclusive to Investigations staff. Citygate believes this is a missing component that could help staff identify crime trends. Such analyses could also encompass a review of cases not investigated by detectives due to a lack of investigative leads.

The following table shows criminal case clearances within the Investigations Division for both violent and property crimes.

Table 49—Criminal Case Clearances (2019–2022)
Clearances 2019 2020 2021 2022
VIOLENT CRIMES 146 140 169 222
Homicide 0 2 1 2
Forcible Rape 4 3 3 7
Robbery 74 57 72 91
Aggravated Assault 69 78 93 122
PROPERTY CRIMES 408 388 357 474
Burglary 119 90 129 150
Motor Vehicle Theft 23 30 48 45
Larceny Theft 266 268 180 279
Arson 4 8 13 8
See: https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances As the table shows, overall, both violent and property crime clearances have increased since 2019.

Clearance rates for violent and property crimes also increased in 2022 versus 2021 (see Table 3).

Table 50—Case Reports
Year Case Reports
2019 10,141
2020 8,819
2021 8,948
2022 10,318
2023 11,247

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Calls for service will often generate police (case) reports depending on what Patrol officers discover during preliminary investigation s. Generally, such case reports are routed to other organizational units for follow -up. Such reports are most often the source for investigations undertaken by detectives. Nevertheless, not every report will generate a follow -up criminal investigation. Detectives will consider the seriousness of the alleged crime and will look for viable leads such as eyewitnesses, video footage, and/or forensic evidence in their assessment of cases.

Department staff informed Citygate that there is a case management system within the Department’s current records management system , which allows supervisors and managers to monitor investigator caseloads—including for the number(s) of cases open, cases closed, and cases pending—but the system is not fully utilized.

Citygate also learned that Investigations staff spend several hours each week transporting evidence to and from the crime lab located in Richmond. In some instances, different sworn staff members travel to the crime lab several times per day. Citygate believes the transporting of evidence to and from the crime lab does not require a sworn detective and could be handled by support staff.

Citygate noted that there is only one computer in Investigations for all detectives to download and review video footage from various sources including officer body -worn cameras. Software packages are available that would allow Investigations staff to review video from most any laptop or desktop computer. Purchasing software for additional computers used by Investigations staff would enhance efficiency for the Department’s detectives.

Citygate also found that no detectives are assigned to work exclusively on cold cases in the Department. While current caseloads take priority with existing staff , many law enforcement agencies in California utilize retired annuitants as detectives to investigate cold homicide or sexual assault cases. Employing retired annuitant detectives for cold case investigations has several advantages : they can work as needed , and they do not carry the costs associated with regular, full-time detectives. A retired annuitant typically has years of experience to apply to cold cases . Solving cold cases also may provide closure for families.

Investigations staff shared with Citygate a proposal for a Major Crimes detail, which would include one Sergeant, six detectives, and one Crime Analyst. Citygate believes such a team could address some of the concerns contained in this report. Such additional investigative staff could be utilized to investigate narcotics offenses and the apprehension of wanted suspects in other jurisdictions—since Patrol officers often lack the time to respond outside of the City when crime suspects have been identified and located elsewhere.

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5.1.1 Youth Services Unit
A Sergeant leads the Youth Services Unit. Personnel in Youth Services consists of three detectives, including one who functions as a School Resource Officer (SRO) at Berkeley High School.

The other two Youth Services detectives investigate all crimes involving sexual assaults on children aged 14 and under. Alleged sexual assaults of victims aged 15 and older are investigated by the Special Victims Unit. The Youth Services Unit also receives and evaluates all suspected child abuse reports.

Youth Services detectives also attend the forty-hour ICI Core Course, the 40-hour basic Sexual Assault Course, and the 40-hour Internet Crimes Against Children (ICAC) Course.

5.1.2 School Resource Officer
Citygate learned that Berkeley High School has a student body population of approximately 3,200.

The assigned SRO is tasked with many responsibilities , including attending weekly school staff meetings, school district safety meetings and other meetings as needed with Berkeley High School staff. In addition, the SRO receives approximately 100 suspected child abuse reports per year from school staff. After preliminary evaluation, the SRO forwards them to Youth Services detectives for further follow-up. Most of the suspected child abuse reports originate from elementary schools, middle schools, and daycare centers throughout the City.

The SRO also receives daily requests to meet with parents and teachers regarding student behavior issues and attends many after -hours school events, including sporting events and other school - community events.

Citygate found that the SRO does not have an assigned Patrol car and is required to check out a car from the fleet each day that may or may not have the equipment needed for an SRO to perform their duties. On many occasions, the SRO is required to check out a car not equipped with a mobile data terminal (MDT).

Citygate learned that there is currently no succession plan for the SRO. Given the nature of the SRO’s work and the relationships established, the Department taking steps to prepare someone else to fill this role would be prudent.

5.1.3 Crime Scene Unit
The Crime Scene Unit falls under Investigations and is led by a civilian Supervisor. There are four Crime Scene Investigators including the Unit’s Supervisor. While Crime Scene Technicians fall under the command of Investigations, they respond to CFS for both Patrol and Investigations.

Technicians participate in a formal field training program. Upon initial appointment, a training officer evaluates Technicians for six weeks. There are also additional training courses each technician is required to complete.

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Citygate found that Crime Scene Technicians currently respond to residential burglary and vehicle burglary crime scenes when requested by police officers.

Investigations staff request DNA samples on almost every case they submit to the District Attorney for prosecution. Citygate noted that i n September 2022, seven percent of requests for evidence were DNA-related. One year later in September 2023, that number had increased significantly, with 24 percent of requests for evidence being DNA-related.

Crime Scene Technicians are currently on duty from 7:00 am until 2:00 am daily. Calls received after 2:00 am and before 7:00 am are held until the next Technician comes on duty. Technicians currently work a 4/10 schedule , with shifts beginning at 7:00 am and end ing at 5:00 pm, or beginning at 4:00 pm and ending at 2:00 am , Saturday through Tuesday or Tuesday through Friday. Under the current staffing model, there is no allowance for vacations, training, or employee illnesses or injuries. Citygate was informed that other Crime Scene Technicians almost always are willing to pick up extra overtime shifts when other Technicians are off work for extended periods of time.

To ensure sufficient staffing to allow for time off for vacations, training, illnesses , or injuries, Citygate believes that at least one additional Crime Scene Technician w ould be required. Such additional staffing would also result in less overtime usage due to employee absences within the Unit. Under the current shift configuration, if more than one employee is unavailable for extended periods of time, it is impossible for existing staf f to cover all vacant shifts without working long hours and a lot of overtime.

5.1.4 Investigations Division Findings
Finding #34: The Department lacks any detectives assigned to investigate narcotics offenses on a full-time basis. Citygate learned that full -time narcotics investigator positions existed approximately four years ago, but the positions were eliminated.

Finding #35: The existing Case Management System, which would allow supervisors and managers to track cases assigned, cleared, or pended, is not fully utilized.

Finding #36: Crime analysis that is focused exclusively on the investigative function and detective caseloads, including cases lacking investigative leads, is deficient.

Finding #37: The Department lacks a “soft” interview room for crime victims, witnesses , and juvenile interviews.

Finding #38: Crime Scene Technician staffing does not allow for extended employee absences without incurring overtime.

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Finding #39: There is no formal training program for newly assigned detectives. Depending on the unit assigned, new detectives shadow a senior detective , but there are no guidelines outlining courses new detectives should take.

Finding #40: Detectives make multiple trips per week to the crime lab in Richmond to drop off evidence for testing. In some cases, detectives make several such trips a day. Staff estimate that they spend four to six hours each week on trips to the Richmond Crime Lab.

Finding #41: To review video from various sources including officer body -worn cameras, detectives have access to only one computer that has the software needed to view and duplicate video.

Finding #42: The Department does not have any detectives assigned to cold cases.

Finding #43: One School Resource Officer (SRO) is assigned to Berkeley High School, which has an enrollment of approximately 3,200 students.

Finding #44: Crime Scene Technicians work a 4/10 work schedule. Under the current schedule, there is a five-hour window where there are no crime scene technicians available to respond to calls from Patrol after 2:00 am.

Finding #45: Between September of 2022 and September of 2023, the percentage of total requests for the District Attorney to obtain DNA evidence collected from crime scenes saw a significant increase—from seven percent of evidence requests being related to DNA to 24 percent being DNA-related.

5.1.5 Investigations Division Recommendations
Recommendation #14: If, at full staffing, the recommended Patrol team is found to be overwhelmed and insufficient to manage narcotics investigations, t he Department should c onsider creating a team comprised of detectives and a Sergeant to investigate narcotics offenses.

Recommendation #15: Investigations Division Supervisors and managers should make broader use of the existing case management system within the current records management system to better track cases assigned to detectives. Each unit supervisor should be able to see the caseload carried by each detective in real time , including the number of open, closed, pending, and cleared cases.

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Recommendation #16: Add a full-time, Real-Time Crime Analyst to support both Patrol and Investigations. This position will focus on rapidly operationalizing data to officers in the field and detectives working active cases.

Recommendation #17: Construct a “soft” interview room for interviewing victims and witnesses of certain sensitive crimes. Such rooms can be used by survivors of crime, domestic abuse, sexual assault, and children in traumatic situations.

Recommendation #18: Develop a training matrix for Investigations. The training matrix should include a formal training program for newly assigned detectives and a list of POST/ICI training courses required for each detective.

Recommendation #19: Create a plan to reduce the number of daily trips detectives make to the crime lab in Richmond. The addition of a CSO (or a retired annuitant) could relieve detectives from having to make frequent trips to Richmond for evidence pickup and drop-off.

Recommendation #20: Purchase software to install on additional computers in the Investigations Division that would allow detectives to review, sa ve, and copy video footage from all available sources within the City— including City-owned street cameras, officer body-worn cameras, and private cameras in situations where the owners have given the Department access.

Recommendation #21: Consider hiring a cold case detective, potentially a retired annuitant, to investigate cold cases.

Recommendation #22: Consider adding a second School Resource Officer to Berkeley High School given the extensive workload of the current SRO.

Recommendation #23: Add one additional Crime Scene Technician to the current staff of four.

5.2 TRAFFIC BUREAU
The Traffic Bureau is located at 125 University Avenue in the Berkeley Marina and houses the Traffic Unit (TU) and the Parking Enforcement Unit (PEU). This facility provides adequate workspace and employee parking with room for current and future growth. Unlike the Department’s headquarters at Martin Luther King Jr. Way, no employee parking issues exist at the Traffic Bureau location. The TU has 10 motorcycles, while the PEU has 30 parking enforcement vehicles. It is important to mention that 22 of the 30 parking enforcement vehicles are equipped

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with License Plate Readers (LPRs); however, seven of th ose were non-operational at the time of Citygate’s onsite visit.

The Traffic Bureau is under the command of the Investigations Division Captain. The Captain supervises two direct reports: one police Lieutenant, who oversees all traffic-related operations, and one non-sworn Manager, who oversees the PEU. During Citygate’s operational assessment, it was noted that the PEU Manager reported directly to the Lieutenant; however, this reporting structure has since been changed so that the non -sworn Manager now reports directly to the Captain.

The Traffic Bureau is committed to promoting traffic safety through practices informed by data, community input, and accountability. The Bureau prioritizes traffic safety through a “three- pronged” approach:
 Focusing on Primary Collision Factors (PCF)
 Addressing community concerns (also referred to as “traffic complaints”)  Community caretaking initiatives.

The Department actively participates in the City ’s Vision Zero Action Plan; an excerpt from the 2023 General Plan outlines the program's description and its current stalled status:
“The Vision Zero program uses Engineering, Education, and Enforcement strategies to achieve the Berkeley City Council ’s goal of eliminating severe injury and fatal traffic crashes by 2028. Vision Zero program activities were largely on hold during 2023 but anticipate restarting in 2024, including the Vision Zero Coordinating Committee and continuing work on developing Rap id Response communications and Quick Build traffic safety implementation programs.”
The Department is identified as one of the stakeholders and contributors to the California Safe Roads 2020–2024 Strategic Highway Safety Plan (SHSP). The City could significantly enhance efforts in traffic safety by adhering to the principles and strategies of the “five Es” of traffic safety as outlined in the SHSP : Education, Engineering, Enforcement, Emergency Response, and Emerging Technologies.

5.2.1 Current Staffing and Responsibilities
The following table shows the current authorized and filled staffing of the Traffic Unit.

Table 51—Traffic Unit Staffing
Position Authorized Filled
Lieutenant 1 1

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Sergeant 1 1
Motor Officer 5 1
Accident Review Officer 1 1
The following table shows the current authorized and filled staffing for the Parking Enforcement Unit.

Table 52—Parking Enforcement Unit Staffing
Position Authorized Filled
Non-Sworn Manager 1 1
Parking Enforcement Supervisor 2 2
Parking Enforcement Officer* 21 18
* One of the Parking enforcement officers is operationally assigned outside of the Department at the 3-1-1 phone center, which lowers the available number of parking enforcement officers The sole Traffic Unit Accident Review Officer operates Monday through Thursday from 6:00 am to 4:00 pm. The Motorcycle Sergeant operates Tuesday through Friday to ensure weekly coverage.

Most of the work for the sole Motor Officer unit entails complaint-driven enforcement rather than strategically planned enforcement based on identified traffic collision needs. This is primarily due to severe understaffing, especially given the high volume of vehicle and pedestrian traffic in the City. Despite the significant staffing shortage, in 2023, the Motorcycle Unit accounted for 63 percent of all traffic citations issued when compared to citations issued by Patrol officers ( see Table 54).

In 2023, the Traffic Bureau investigated 27 percent of the injury collisions in Berkeley. The Bureau manages fatal collision investigations and addresses injury collisions when resources permit. The following table shows the number of injury collisions investigated by the Traffic Unit.

Table 53—Traffic Collision Investigations (2019–2023)
Year
Total Injury
Collisions Traffic Unit
Investigated
Traffic Unit
Motorcycle Officer
Staffing
2019 475 46 3
2020 266 50 4
2021 323 110 3
2022 463 85 2
2023 404 110 1
*Injury collision data between the hours of 3:00 pm and 9:00 pm

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A uniformed officer is designated as an analyst (Collision Investigation Review Officer) and tasked with reviewing all collision reports, approving them, and submitting all collision investigations to SWITRS 13, TIMS 14, and Vision Zero. Presently, the systems for transmitting collision reports are not automated, resulting in additional workload and expenses to send reports.

The analyst must print out every report and mail it to the corresponding required organization.

5.2.2 Education Programs
Currently, most of the educational programs offered by the Department are those tied to California Office of Traffic Safety (OTS) grants; however, when available, the Traffic Bureau also provides public education related to traffic safety topics such as DUI, bicycle safety, child car seats, and senior driving.

5.2.3 Traffic Stops
While the Traffic Unit is tasked mainly with traffic enforcement, Patrol units also engage in traffic enforcement between calls. The following table details traffic citations issued by the Traffic Unit and Patrol units based on Citygate’s analysis of the Department’s supplied citation data.

Table 54—Traffic Citations (2019–2023)
Year Total
Citations
Patrol
Citations
Traffic Unit
Citations /
Percentage of Total
Traffic Unit Staffing
2019 4580 3330 1250 / 27% 3 Officers, 1 Analyst, 1 Sergeant 2020 1840 885 955 / 52% 4 Officers, 1 Analyst, 1 Sergeant 2021 1646 948 698 / 42% 3 Officers, 1 Analyst, 1 Sergeant 2022 1532 801 731 / 48% 2 Officers, 1 Analyst, 1 Sergeant 2023 2370 875 1495 / 63% 1 Officers, 1 Analyst, 1 Sergeant When analyzing traffic citation statistics for 2019 through 2023, it is important to note the impact of the COVID -19 pandemic. In 2023, traffic stops trended higher following the height of the pandemic.

As depicted in the following figure, 21 percent of the Department's incidents from 2020 –2023 were vehicle related . These figures exclude parking -related incidents. This statistic alone

13 SWIRTS refers to the Statewide Integrated Traffic Records System. It is a database that collects and processes data gathered from a collision scene.
14 TIMS refers to the Transportation Injury Mapping System, Safe Transportation Research and Education Center, University of California, Berkeley. It was developed to provide quick, easy, and free access to California crash data, which is the Statewide Integrated Traffic Records System that has been geo-coded to make it easy to map crashes.

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underscores the significance of vehicle incidents as a substantial portion of the Department ’s workload.

Figure 11—Vehicle Incidents (2020–2023)

5.2.4 Deployment Locations
It is common for agencies to receive many requests for increased traffic enforcement from community members. In fact, in the Department’s “three-pronged” approach to traffic safety, community reporting is the second prong. As previously noted, enforcement requests have primarily influenced the deployment of Traffic Unit resources. While community requests should be a priority, the use of statistical data to identify areas where enforcement can have the most impact can also be effective. The Traffic Unit is increasingly using statistical data from the Department’s Transparency Hub and the UC Berkeley Traffic Injury Mapping System (TIMS) to identify areas with high collision rates and the primary factors causing collisions. TIMS is a valuable tool for effective deployment of the Traffic Unit.

5.2.5 Enforcement Details and Related Grants
The OTS offers grant funding for special enforcement details such as saturation patrols , DUI checkpoints, bicycle safety, and any other identified traffic safety needs. Recently, the Department secured $269,000 in funding to bolster education and enforcement efforts aimed at enhancing safety on the roadways.

The Department has submitted a grant request to the California Highway Patrol (CHP) to provide training in Cannabis DUI detection and is currently preparing another grant request to further enhance cannabis DUI enforcement.

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5.2.6 Use of Social Media
Utilizing media and social media platforms to raise public awareness of traffic enforcement endeavors can significantly amplify the deterrent effect that enforcement offers. The Department has primarily promoted traffic enforcement efforts during OTS saturation events. However, there may be opportunities to establish a consistent schedule of social media notifications during daily focused enforcement details and planned operations. [Note: At the time of Citygate’s writing of this report, the Public Information Officer was being moved to the Office of the Chief as part of a new Office of Strategic Communications.]

5.2.7 Collision Data
While traffic stop data is useful for examining proactive enforcement efforts, a better indication of effectiveness is collision data. Normally, Citygate would analyze the data from a five-year period; however, because of the COVID-19 pandemic’s impact on traffic (lower traffic volumes), five years of data would not be as useful for the purposes of this study. To analyze the City’s traffic collisions, TIMS data from 2021–2023 was used.

A comparison of the City’s collision statistics revealed consisten cy with data for Alameda County. One significant exception was pedestrian and bicycle collisions.

5.2.8 Bicycle and Pedestrian Collision Statistics
As the following figure shows, from 2021 to 2023, 9.8 0 percent of all City crashes involved a pedestrian, as compared to 5.36 percent for all of Alameda County

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Figure 12—Berkeley Traffic Collisions by Primary Cause (2021–2023)

As the following figure shows, from 2021 to 2023, 33.33 percent of fatal collisions in the City involved a pedestrian, compared to 11.34 percent for all of Alameda County.

Figure 13—Berkeley Fatal Collisions by Primary Cause (2021–2023)

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As the following figure shows, between 2021 and 2023, 42 percent of City injury collisions occurred between 12:00 pm and 5:59 pm.

Figure 14—Injury Collisions by Day of Week by Hour (2021–2023)

As the following figure shows, between 2021 and 2023, 43 percent of bicycle collisions occurred between 3:00 pm and 10:00 pm.

Figure 15—Bicycle Collisions by Hour (2021–2023)

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The following figure illustrates the heat map displaying the locations of bicycle collisions that occurred between 2021 and 2023.

Figure 16—Bicycle Collision Location Heat Map (2021–2024)

As the following figure shows, between 2021 and 2023, 60 percent of pedestrian collisions occurred between 12:00 pm and 9:59 pm.

Figure 17—Pedestrian Collisions by Hour (2021–2023)

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While the collision data analyzed for this report was sourced from TIMS, it is important to highlight that the data dashboard on the Traffic Safety page of the Department’s online Transparency Hub combines collision data, calls for service, and traffic stops to provide real-time information. This should serve as a benchmark in transparency and best practices for other agencies.

5.2.9 Office of Traffic Safety Review
The California OTS performs city comparisons and rankings by grouping cities based on size.

Berkeley is currently in Group B, for cities with a population greater than 100,000 residents. OTS Rankings were developed so that individual cities could compare their traffic safety statistics to those of other cities with similar -sized populations. Cities can use these comparisons to assess their traffic enforcement, education and engineering efforts and to learn from the successes of other jurisdictions. The results have helped both cities and OTS to identify emerging or ongoing traffic safety problem areas , plan how best to combat the problems , and identify where grant assistance should be provided.

In recent years, the media, researchers, and the public have all taken an interest in OTS Rankings.

It should be noted that OTS Rankings are only indicators of potential problems; there are many factors which may either understate or overstate a city/county ranking that must be evaluated based on unique local circumstances.

The figures in the following ranking columns show as two numbers divided by a slash.  The first number is the city’s ranking in that category.  The second number is the total number of cities/counties within the rel evant “group.”
For example, “22/60” would represent a city ranked 22 nd out of 60 other cities of similar size.

Number 1 in the rankings is the highest, or “worst.” For Group B, a ranking of 1/60 is the highest or worst, 27/60 is average, and 56/60 is lowest or best.

According to the OTS comparison data for cities of similar size, Berkeley stands out with high rankings across all collision categories. Particularly concerning is the City’s top ranking in “Group B,” bicycle collisions, and its second-worst ranking in pedestrian collisions. This underscores the urgency to intensify enforcement and educational initiatives, with a renewed focus on prioritizing traffic safety.

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Figure 18—Office of Traffic Safety City Comparison Analysis (2021)

5.2.10 Parking Enforcement
Parking Enforcement personnel work 8-hour shifts Monday through Friday. Staff are assigned across three shifts: 7:30 am to 4:00 pm (five FTEs), 8:30 am to 5:00 pm (six FTEs), and 10:00 am to 6:30 pm ( five FTEs). To ensure supervisory coverage for all shifts , two supervisors alternate between working 7:00 am to 3:30 pm or 10:00 am to 6:30 pm.

The Parking Enforcement Manager boasts over 23 years of experience within the Unit, bringing a wealth of expertise and institutional knowledge to the program. All calls for Parking Enforcement service are routed through Communications, 3-1-1, or directly to the Parking Enforcement office.

Currently, there is no centralized process for accurately documenting the volume of calls received.

The majority of calls pertain to illegally parked vehicles. Additionally, Monday through Friday, one to two PEU officers are required to accompany street sweepers for an average of three hours per day, twice daily. Furthermore, the Department has assigned additional responsibilities to the Unit, such as directing traffic around collisions, which detracts from the parking enforcement duties of Unit personnel.

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Like numerous other transportation safety entities within the law enforcement profession, the Traffic Bureau has been constrained to basic response functions , with minimal capacity for proactive enforcement based on analysis and an identified traffic safety plan. Traffic enforcement and safety education are frequently among the first areas to suffer when human capital is reduced, and full-time equivalent (FTE) positions are reallocated to address other police functions. Of all the Traffic Bureau recommendations to follow, the first recommendation should be the highest priority.

5.2.11 Traffic Bureau Findings
Finding #46: Patrol units manage 73 percent of injury collisions, reducing the time available for proactive activities and community engagement.

Finding #47: Traffic safety education is currently insufficient and should be integrated into a comprehensive traffic safety plan that incorporates “the five ‘E’s.” Finding #48: The Department is currently in a reactionary mode as it relates to traffic enforcement, primarily responding to traffic complaints instead of focusing on targeted areas to reduce all types of traffic collisions.

Finding #49: Given the high number of pedestrian and bicycle collisions, social media and other public information channels should be utilized more frequently and with greater emphasis.

Finding #50: Collision investigations are primarily managed by Patrol officers, though many of the tasks involved in traffic investigations could be effectively managed by a CSO.

Finding #51: Currently, all members of the traffic unit are motorcycle officers, except for the Accident Review officer.

Finding #52: The Department currently transmits collision information to SWITRS by sending hard copies through the mail.

Finding #53: Many roadway traffic surveys are outdated, limiting the extent of traffic enforcement that can be conducted for Primary Collision Factor (PCF) violations.

Finding #54: There are 21 Parking Enforcement officers with only two supervisors assigned across three shifts. The addition of a third supervisor would promote cohesion between supervisors and their respective teams and would likely establish a

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shift/team leadership approach and ensure a proper supervisory span of control of between one and seven personnel.

5.2.12 Traffic Bureau Recommendations
Recommendation #24: The Department should endeavor to fully staff the Traffic Bureau so that it can handle most (if not all) injury collisions, as well as increase education and enforcement efforts in traffic safety. These changes would significantly free Patrol personnel to focus on their primary responsibilities.

Recommendation #25: Create a structured plan for targeted enforcement and educational initiatives based on analyzing variables associated with high crash data from the Office of Traffic Safety (OTS) and the Traffic Injury Mapping System (TIMS).

Recommendation #26: Continue to expand the use of statistical data for deployment of Traffic Unit personnel.

Recommendation #27: Expand the use of social media to inform the public of traffic safety and enforcement efforts to enhance their impact on driving behavior.

Use of social media and other approaches to promote bicycle and pedestrian safety and enforcement efforts could also be effective. [Note: At the time of Citygate’s writing of this report, the Public Information Officer was being moved to the Office of the Chief as part of a new Office of Strategic Communications.]
Recommendation #28: Add a civilian CSO to conduct or aid in collision investigations and traffic educational/safety presentations. This would be more cost - effective than an additional Traffic Unit officer and would allow for increased traffic enforcement by current Traffic Unit officers.

Recommendation #29: Build the Traffic Unit comprising both Motorcycle officers and Patrol cars. Traffic enforcement and collision investigation can be effectively conducted using either a car or a motorcycle.

Recommendation #30: Consider working with an OTS Law Enforcement Liaison to acquire an Allied Agency Reporting Service (i.e., Crossroads) via grant.

Recommendation #31: The Traffic Bureau should collaborate with the City Traffic Engineer to update outdated traffic surveys.

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Recommendation #32: Consider appointing an additional supervisor within the Parking Enforcement Unit to mitigate the current extensive span of control and decrease overtime.

Recommendation #33: At current (reduced) staffing levels, c onsider expanding the workload and responsibilities of the Traffic Unit Lieutenant or reallocating the position to a role where it can be more effectively utilized. At full staffing, Citygate believes the Lieutenant’s position is justified.

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Section 6—Professional Standards Division Review page 113 SECTION 6—PROFESSIONAL STANDARDS DIVISION REVIEW

6.1 DIVISION OVERVIEW
The Professional Standards Division is led by a Captain who is responsible for the Personnel and Training Unit, the Policy and Planning Unit, and the Audit and Inspection Unit.

Citygate found the Captain to be professional, knowledgeable, and highly business savvy. The Captain’s years of experience showed when asked questions about the City, policy, and practice.

The Captain was helpful coordinating interviews with staff and collecting data to analyze for the study, and noted that the command staff had good synergy, supporting each other’s divisions and units and not looking out for “just me.” The Captain highlighted a few points that are important to the Chief and command staff including data analysis to help tell the story; being prompt with deliverables; treating people with respect ; striving to do better in relation to the Department’s Mission / Vision / Values; better internal communications; having a focus on hiring, productivity, and problem solving with the community; and that there are leaders at all levels of the Department.

Citygate found a theme common to the Department’s other divisions: M any staff have several ancillary responsibilities that detract from or hinder their ability to perform their primary duties and responsibilities. Command staff should consider the workload of each member of the Department and either reduce ancillary responsibilities or hire additional staff to maintain the current level of customer service to the community.

6.1.1 Personnel and Training
A Lieutenant leads the Personnel and Training Unit, which is responsible for numerous aspects of recruiting, training, and employee retention. Some of these responsibilities include hiring new staff, as well as providing initial training and ongoing perishable skills training as required by the Commission on Peace Officer Standards and Training (POST) to ensure all sworn officers and dispatchers receive a minimum of 24 hours of specific training every 24 months. The POST Perishable Skills Program consists o f 12 hours of ps ychomotor skills training , two hours of communications training, and four hours of use of force training every 24 months.

A Sergeant who reports to the Lieutenant is responsible for overseeing both the planning and execution of all training throughout the year and is assisted by many sworn and professional staff who serve as adjunct trainers in many subject areas such as defensive tactics, CPR/First Aid, and Emergency Vehicle Operations Course (EVOC). A training officer reports to the Sergeant and coordinates in-house training.

Because of the 3/12 and 4/10 schedules in Patrol, officers “owe” the Department one day a month, which is designed to facilitate the required and needed training. The training hours are considered “in kind” and divided into 16 “buckets” of training on topics such as implicit bias and procedural

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Section 6—Professional Standards Division Review page 114 justice, defensive tactics, strategic communications, tactical firearms, arrest and control, and driver training and awareness. The duties of the training officer are delineated in Chapter 203 of the Department’s policy manual.

While reviewing annual POST compliance letters, Citygate learned that several officers, dispatchers, and reserve officers missed portions of their continuing professional training (CPT) requirements over the past five years. Additionally, some of the required background supporting documentation was missing in several files. To eliminate the issue of missing documents, Citygate recommends that a checklist be used for every background investigation, and that it be reviewed and approved by at least one Sergeant and manager. As a best practice, many agencies will include reserve officers with regular officers when providing annual CPT. Additionally, because POST offers training through their online Learning Portal, dispatchers can perform all their CPT online if necessary. Because of the online opportunity for dispatchers , they should always be in CPT compliance. Officers and reserves can also use the Learning Portal to supplement their training as needed.

6.1.2 Recruiting
During our study, Citygate learned that numerous members of the Department are assigned ancillary tasks as members of the Recruitment Team. However, due to short staffing and morale concerns, consideration should be given to reassembling a specific new Recruitment Team, which consists of a few officers who perform the recruiting function. This approach will allow the Department to better focus its efforts to yield better results. Citygate applauds the Chief’s efforts in taking steps in this direction. The C hief recently communicated a plan to create and fill a full- time Recruitment Officer position. Additionally, Citygate recommends the creation of a Retention Committee. While recruiting is vitally important, it is equally important to assess turnover. A Retention Committee could also review the results of all exit interviews and then make recommendations to the command staff on what changes should be made to i mprove employee retention.

While reviewing POST’s open data for Berkeley,15 Citygate learned that between 2016 and 2023, 49 officers resigned from the Department. There are many reasons that can cause a resignation, but the Department would be prudent to find those reasons that are preventable and make the necessary adjustments to increase its retention rate.

6.1.3 Policy and Planning
The Policy and Planning Unit consists of a Sergeant who reports to the Professional Standards Division Captain. During Citygate’s study, the assigned Sergeant left the Department for a promotional opportunity at another agency. The prior Sergeant was asked to return to the position

15 https://post.ca.gov/Agency-Statistics

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Section 6—Professional Standards Division Review page 115 and resume the role. Per Section 200.5 of the Department Policy Manual, the Sergeant’s role is to coordinate the presentation of the annual Memorandum of Understanding and maintain and update Departmental policies. The person in this role must be very well organized and an excellent researcher. The workload going forward includes migrating to Lexipol 16 from the existing main policies. Additionally, there are policies to review and revise, correcting issues as laws and policies change. While the Department does not have a Procedur es Manual, each unit in the Department should have its own procedural manual to provide guidance to staff regarding how tasks need to be performed. Citygate did learn that some employees made their own desk manuals ; however, most of them are out of date. Additionally, there are numerous cross-reference issues referring to procedures that are yet to exist. These procedures need to be removed from policies and properly placed in the new procedures’ manual.

The Chief of Police plans to migrate the Policy and Planning Unit into a new Strategic Planning and Accountability Unit where it can receive better support and be more aligned with Departmental strategies going forward. Citygate sees the move as a positive step toward operational efficiency.

6.1.4 Audit and Inspection
Like the Policy and Planning Unit, the Audit and Inspection Unit experienced changes during the time of Citygate’s study. The assigned Sergeant rotated back to Patrol and his duties were divided between several personnel—which represents more ancillary duties for existing staff. Per Section 200.5 of the Department Policy Manual, the Audit and Inspection Sergeant is responsible for planning and conducting research; preparing surveys, studies, and projects; and auditing medical expenses incurred by the Department in its investigative and custodial activities.

With the passage of Assembly 481 in 2021, California law enforcement agencies must obtain approval of a Military Equipment Use Policy by their applicable governing body (the City Council in the case of the City) prior to taking certain actions related to the funding, acquisition, or use of military equipment as defined by the legislature.

Some of the Sergeant’s responsibilities include monitoring five officers annually for their use of force (UoF), complaints, Racial Identity and Profiling Act (RIPA)17 data, and body-worn camera use as part of the Department’s Early Warning System. The Sergeant was also working on revising the existing Automated License Plate Reader (ALPR) policy found in Section 422 of the Policy Manual. Additional responsibilities include Safety Committee reporting, reporting on injuries and

16 Lexipol provides policies and policy updates to thousands of law enforcement agencies in the country. The updates are timely and in response to new state and federal laws and court decisions. Lexipol also provides online courses and videos designed to meet police training mandates.
17 https://oag.ca.gov/ab953

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Additional audits performed quarterly include narcotics and guns, where the Sergeant noted substantial cleanup is due. Parking enforcement audits should also be performed every six months.

The Unit should also perform an audit of the Property Room, which was overdue at the time of this report’s writing. The Sergeant was also involved in the Epic Production Company recruitment videos including the Chief’s message, physical agility testing, LGBTQ+ video outreach, marketing through Google (“We’re hiring”), and social media promotion.

6.1.5 Professional Standards Division Findings
Finding #55: Training and background staff are missing continuing professional training and background investigations requirements for some officers and dispatchers, which could cause risk management issues.

Finding #56: The Department lost 49 officers to resignations between 2016 and 2023.

Finding #57: The duties of the Policy and Planning Sergeant are numerous and varied for a single person to accomplish.

Finding #58: The duties of the Audit and Inspection Sergeant are numerous and varied for a single person to accomplish.

6.1.6 Professional Standards Division Recommendations
Recommendation #34: To reduce unnecessary resignations, the Department should consider establishing a Retention Team with members from several different units to review and evaluate exit interviews. The committee can identify preventable reasons for resignations and make
recommendations to improve employee retention.

Recommendation #35: When the Policy and Planning Unit is transferred during the Department’s planned reorganization, the roles and responsibilities of the Sergeant should be more narrowly focused to allow for the successful completion of all assigned duties. If additional responsibilities are included, consideration should be given to adding a clerical support position.

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SECTION 7—SUPPORT SERVICES DIVISION REVIEW

7.1 DIVISION OVERVIEW
The Support Services Division is commanded by a police Captain responsible for the Jail, Technology Unit, Property and Evidence Room, Records Unit, and Communications Center or Public Safety Answering Point (PSAP). The Captain has two direct reports, one police Lieutenant and one non -sworn manager. The police Lieutenant manages all Division units except for the Communication Center, which is managed by a Communications Center Manager (professional staff member).

7.2 BERKELEY PUBLIC SAFETY CENTER (JAIL)
The Berkeley Police Department Jail, also known as the Berkeley Public Safety Center, has one Police Sergeant who oversees Jail operations . The Sergeant reports to the Support Services Lieutenant. Staffing for the Jail is provided in the following table.

Table 55—Jail Staffing
Position Number of
Personnel
Jail Sergeant 1
Community Service Supervisor 4
Community Service Officer 16
*Note: One of the Jail Community Service Supervisors is assigned to the Property Room The Berkeley Police Department Jail is an Adult Type 1 facility as defined in Title 15 of the California Code of Regulations (CCR) and is meant to hold individuals in temporary custody for no more than 96 hours, excluding weekends and holidays. The Jail was last inspected by the Board of State and Community Corrections (BSCC) in 2022 , and only one section—Section 1052 Standard regarding classification and segregation of mentally disordered inmates —was found to be non-compliant.

With the 2019 closure of the Alameda County North County Jail (also known as the Glenn E. Dyer facility) in Oakland, the burden and costs associated with the temporary custody and transportation of prisoners have fallen on local agencies. The agencies that currently book at the Berkeley Police Department Jail are the California Highway Patrol, Albany, Emeryville, BART, UC Berkeley, and the East Bay Regional Parks District. Emeryville is the primary customer.

During Citygate’s visit to the facility, it appeared spacious and sufficient (39 total beds) for the current number of in -custody detainees and seemed capable of accommodating future growth.

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Staff identified several “dead” zones in the Jail that are not captured by currently installed cameras.

The Department has planned upgrades to the Jail’s cameras as well as the control board, which is outdated and has had recurring functionality issues. Citygate agrees with this plan to go out to bid with an architect. Staff also mentioned the booking room could be modified to create a safer space, but this might require updating to current state standards since the building currently only meets the 2001 standards.

The staffing schedule currently consists of three shifts (days, swings, and graves) on a five -day, eight-hour rotation. CSO supervisors report to Sergeant who is often out of the facility transporting arrestees to the county jail in Dublin or to a local hospital for medical clearance. The Sergeant works a four-day, 10-hour shift schedule, Monday through Thursday, with weekends and holidays off. Although there are four CSO supervisors assigned to the jail, one has been allocated to the Property and Evidence Room, leaving three CSO supervisors for a 24/7/365 operation. This results in a void in CSO supervision due to the current schedule and staffing allocations. Staff also alerted Citygate to a Departmental policy requiring three CSOs to always be on duty; however, a review of the Berkeley Law Enforcement Services Manual, Section 900, which outlines requirements for the temporary custody of adults, did not confirm the existence of this policy.

When a detainee is booked into the Jail, the arresting officer remains in the holding area until the detainee is placed in a cell. This process eliminates the need to have two jailers in the booking area, potentially reducing the number of CSOs needed to staff the facility.

The current sworn Sergeant who supervises jail operations has been in the position for five years, which is the maximum amount of time allowed by Department policy.

Jail operations consist of the intake, temporary custody, and transportation of in-custody detainees to the Alameda County Santa Rita Jail. The Jail takes in an average of 16 arrestees daily, based on 5,902 detainees taken in between January 2022 and December 2022.

Additional duties for staff outside of Jail operations include the intake of found property and issuing vehicle releases from 4:00 pm to 8:00 pm.

For in-custody transportation, the Sergeant and a police officer, or one of the two available reserve police officers, assist in transporting detainees to the Alameda County Jail at the beginning of their shift. At times, the Jail may pull officers from Patrol or pay overtime for an officer to assist with transportation. Current Department policy (903.3) does not allow CSOs to aid in transport, increasing the burden on sworn staff. Citygate contacted surrounding jail facilities and found that facilities such as Fremont, Hayward, and San Leandro all utilize their CSOs to transport prisoners to the Santa Rita Jail.

The current operational rhythm for the three CSOs on duty is as follows: one is assigned to the control room, one manages data entry and property logs, and one handles intake for in -custody

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detainees. Title 15 mandates that a female CSO always be on duty —a requirement met by the current schedule. However, if a female CSO (of the eight assigned) calls in sick, the Department should not accept female detainees for booking, which is a code-compliant practice.

Annually, the Jail is closed for 40 hours once a year to conduct required staff training. During this period, all detainees are either cited and released or transported to the Santa Rita Jail by arresting officers. Future annual training windows will also present opportune time s to schedule facility upgrades and maintenance.

Staff suggested a four -team model to improve Jail staffing and coverage . This model would involve 12-hour shifts and would create four teams of four CSOs each with a CSO supervisor assigned to each team, as shown in the following figure . Implementing this model would require an additional CSO supervisor, as there are currently only three supervisors assigned to the facility.

This approach would appear to provide some benefits, including allowing CSOs to assist with prisoner transportation; however, a more comprehensive analysis is required.

Figure 19—Example 12-Hour Shift Schedule

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7.2.1 Public Safety Center (Jail) Findings
Finding #59: The Jail’s control board, which is outdated and has experienced recurring functionality issues, needs to be replaced. Additionally, more cameras should be installed to cover existing “dead” zones.

Finding #60: A sworn Sergeant is assigned to Jail operations, although this is not a regulatory requirement under Title 15. Most of the Sergeant's duties involve transporting prisoners to the Alameda County Jail or taking prisoners to a local hospital for medical clearance.

Finding #61: The Department requires Jail operations to always have three CSOS on duty, with two specifically stationed in the booking area when an arrestee is brought in by an arresting officer, who remains in the booking area throughout the entire booking process.

Finding #62: A significant amount of sworn staff time is consumed in transporting and booking detainees at the Santa Rita Jail. The requirement for only sworn personnel to handle transportation is a Departmental mandate.

Finding #63: There is a proposed, staff-recommended, four-team staffing model with 12-hour shifts that is worthy of further consideration and study by the Department.

7.2.2 Public Safety Center (Jail) Recommendations
Recommendation #36: The Department should proceed with securing a contract for an architect to upgrade the control board, add cameras, and potentially expand the size and functionality of the Booking Room at the Jail facility.

Recommendation #37: Consider creating a civilian manager position and reassigning the sworn supervisor to oversee the Property Room (as per the property recommendation) or reallocating the Sergeant to address a higher- priority need for sworn supervision.

Recommendation #38: Consider reducing the requirement to always have three CSOs on duty, given that the booking officer is required to remain in the booking area during the processing of an arrestee.

Recommendation #39: Consider a change to the current requirement that does not allow CSOs to transport prisoners. Such a change would necessitate additional

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training for the CSOs but would reduce overtime and the need for two sworn staff members during transportation.

Recommendation #40: Consider further study of a four -team, 12 -hour shift model for Jail operations. Citygate believes this model could potentially increase the number of CSOs on -duty, providing opportunities for CSOs to aid in prisoner transportation, patrol duties, or other assigned responsibilities.

7.3 TECHNOLOGY UNIT
The Technology Unit (TU) is staffed with one Sergeant, one non-sworn Assistant, and five team members whose technology duties are ancillary.

The Department’s leading technology vendor is Tyler Technologies. Tyler Technologies software is used for the law enforcement records management system, property and evidence management, CAD, report writing, citation management, mobile operations, collision reports, and jail management. The online reporting system is managed through LexisNexis Coplogic Solutions.

The Department’s online crime reporting system accepts online reports for the following crimes:

Harassing Phone Calls, Identity Theft, Theft, Theft from a Vehicle , Auto Burglary, Vandalism, and Vandalism to a Vehicle. Recently, the Department transitioned from a Microsoft database for workforce management to a web -native software called CareWare, which has streamlined scheduling.

Online reporting does offer many benefits, especially when crime victims have left the City or crime scene, or they cannot wait for police personnel to respond. Such a reporting option allows officers to spend more time on community policing and proactive patrol , citizens can make and keep copies of their reports for insurance purposes, and the Department can use such reports for crime analysis and tracking statistics in high-crime areas.

7.3.1 Technology Unit Findings
Finding #64: The Technology Unit's leadership is entrusted to a uniformed Sergeant due to specialized project management skills, extensive experience, adeptness in the requisitioning process, and proficiency in technology/software solutions.

However, there is currently no succession plan in place for the Sergeant’s eventual departure.

Finding #65: Inefficiencies have been noted in field operations relative to the use of software for report writing. Given the existing software system’s instability, field staff opt to write reports using Microsoft Word before returning to the station to upload and complete them.

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Finding #66: The online reporting system is underutilized for traffic collision reporting.

Embracing advances in technology is imperative in contemporary law enforcement operations.

7.3.2 Technology Unit Recommendations
Recommendation #41: Evaluate the number of responsibilities managed by Technology Unit staff. Consider reducing service levels or adding more staff.

Recommendation #42: Consider appointing a full -time civilian information technology specialist to oversee the Technology U nit rather than relying on a sworn S ergeant. This transition will ensure stability, expertise, and continuity in navigating the Department through the ever -evolving technology field.

Recommendation #43: Consider investigating alternative software solutions for all facets of police operations. Prioritizing the convenience of retaining current software vendors should not overshadow the importance of advancing operational efficiency.

Recommendation #44: Consider adding categories such as Non-Injury Traffic Accidents, Non- Injury Hit-and-Run Traffic Accidents, and Non-Injury Single-Vehicle- Property-Damage-Only Traffic Accidents as options within the online reporting system. Software solutions offered by companies like LexisNexis can facilitate this initiative. 18 By diverting or referring more calls for service to online reporting, the Department would likely create more available time for officers in Patrol—which could ultimately help to reduce overtime usage within the Department.

7.4 PROPERTY ROOM
Citygate evaluated the Department’s Property and Evidence facilities, including a review of relevant policy and current practices and interviews with staff members. The current Property and Evidence Supervisor has 18 years of experience in the Property Room and serves as a board member of the California Association for Property and Evidence (CAPE). The Department utilizes the New World Law Enforcement Records suite by Tyler Technologies for property and evidence management and continues to have access to a legacy system (CRIMES) for items booked before 2009.

18 A prototypical model can be found in the City of Fullerton's online Traffic Collision Report page, which currently includes these types of online reporting collisions and allows users to obtain a collision report online.

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The current Property Room staffing consists of two full - time CSOs, one full -time CSO supervisor, and a reserve officer who provides intermittent weekly assistance.

However, the current staffing arrangement fails to
adequately address the needs of the Unit in terms of
receiving, processing, and storing evidence, ensuring its safekeeping, conducting necessary audits, retrieving
evidence for disposal, and fulfilling other essential
functions of a well-operating unit.

The Unit is responsible for ensuring that all evidence items are correctly tracked and monitored for court exhibits , discovery, and prosecution and defense attorney viewing.

Initial and ongoing training will enhance the efficiency and knowledge of Property and Evidence personnel.

Additionally, a well -organized storage facility and a
property and evidence cataloging system with well -
designed policies and procedures will improve the success and facilitate the effective operation of the Unit.

The Department’s Property and Evidence facilities have
reached maximum capacity and are currently overflowing, necessitating modern upgrades. Emphasis should be
directed toward addressing facility requirements for
property and evidence management in accordance with
best practices. Additionally, the Unit would benefit from an ongoing purging program to provide sufficient space for new and existing items.

Citygate commends current Property and Evidence staff
for their desire and actions to increase the unit's operational efficiency and security despite existing challenges.

7.4.1 Property Room Findings
Finding #67: There is a significant backlog of property that needs to be purged that staff are diligently trying to clear. With the daily influx of new evidence and property, the task often seems insurmountable.

Finding #68: The current main evidence facility is prone to flooding, and both the Connex and the “Bulk” storage facility are less than desirable. Photos depicting the exterior facility show it overflowing and lacking adequate storage space.

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7.4.2 Property Room Recommendations
Recommendation #45: The Department could enhance its efficiency by establishing a short - term, dedicated task force to address the evidence backlog and improve and streamline the organization of evidence and property rooms. The Unit’s ongoing, permanent staffing should consist of one Supervisor, two full-time Specialists, and one part -time staff member capable of providing support for both planned and unplanned absences and conducting periodic audits.

Recommendation #46: The Department should conduct a thorough assessment of the current state of property and evidence facilities including the physical infrastructure, storage capacity, security measures, and compliance with current standards. The Department should also consider a POST review of current evidence practices, procedures, and policies.

Recommendation #47: Citygate has provided Property and Evidence staff with the POST Property and Evidence Function ’s Agency Self -Evaluation (revised February 2022) and recommended that the Supervisor and staff review it annually. Given the sensitive nature of evidence, effective risk management requires thorough oversight and rigorous control measures.

7.5 RECORDS UNIT
The Records Unit handles subpoenas and records requests, manages warrant logs, offers customer service at the front counter, monitors and enters California Law Enforcement Telecommunications System (CLETS) data, manages citation processing, issues vehicle release s and clearance letters, reviews reports, and more. The Records Unit Supervisor intends to resume the work to reorganize and retrofit workstations to enhance workflow efficiency. The unit has also faced turnover challenges as employees have left for other government functions that provide upward mobility and telework opportunities for office specialists.

With over 22 years of experience, the current Supervisor possesses comprehensive technological expertise in the Records Unit. The unit's staff are engaged in various tasks, such as processing subpoenas and records requests, managing warrant logs, issuing vehicle release s and clearance letters, assisting front counter customers with inquiries and report requests, handling citation processing, California Public Records Act (CPRA) requests, and more. The unit is responsible for the initial review of online reports, and there was a suggestion to improve workflow by having a Sergeant review the reports first, followed by the records team, before forwarding them to Investigations.

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Records Unit staffing consists of two Office Specialist IIs and two Office Specialist IIIs, who work two shifts—an early shift: 6:00 am to 3:00 pm, and a day shift: 7:30 am to 4:30 pm. Lobby hours are Monday through Friday, 8:00 am to 4:00 pm.

The unit dedicates a significant amount of time addressing CPRA requests. In April 2024 alone, the unit recorded over 593 inquiries. With California legislative initiatives over the past decade, CPRA requests have become a more common occurrence in law enforcement agencies statewide.

Many agencies have allocated one to two staff members solely to this function. Currently, the unit relies heavily on overtime to address the backlog of CPRA requests ; staff have also resorted to shortening public business hours to allow time for staff to work on CPRA requests without interruption.

In 2023, the unit processed 3,624 cases, or 24 cases daily , based on 250 working days annually.

The Department has an opportunity in the Records Unit to make use of a common leadership phrase: “What gets counted gets measured. ” Tracking the number of citations, customers at the counter, and reports processed would help to accurately determine staffing levels.

The unit employs Tyler Technologies’ Enterprise Law Enforcement Records Software, which is a comprehensive suite integrated with most of the Department ’s law enforcement-centric IT software by Tyler Technologies. Additionally, the Unit Supervisor utilizes CareWare, a recently acquired scheduling software.

The unit suffers from high turnover and training challenges . Given such turnover, there is a constant need for training new staff or training existing staff to perform new roles.

The unit Supervisor plays a crucial role in the unit’s operations and frequently “fills in” to assist staff while trying to remain current with schedules, staffing, and all personnel matters.

The unit would also benefit from the implementation of ergonomic upgrades to staff workstations to improve employee health and safety, increase productivity, enhance wellbeing, and potentially reduce absenteeism.

Finally, Citygate believes it would be advantageous for the unit Supervisor and the Records Unit as a whole to review the job specifications of the Office Specialist II and III job classes.

Understanding how these two positions could provide more leadership support may allow for the delegation of certain tasks, freeing the supervisor to lead staff more effectively.

7.5.1 Records Unit Findings
Finding #69: The Records Unit is currently under significant strain due to an increased volume of California Public Records Act (CPRA) requests.

Finding #70: The professional development of Office Specialist III employees is essential to meet the evolving demands and requirements of their roles.

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Finding #71: Implementing ergonomic upgrades to Records Unit staff workstations need could improve employee health and safety, increase productivity, enhance employee wellbeing, and potentially reduce absenteeism.

Finding #72: Staff within the Records Unit are experiencing some internal friction.

7.5.2 Records Unit Recommendations
Recommendation #48: The Department would benefit from staffing the Records Unit with an Office Specialist I to manage the increased volume of CPRA requests.

Adding such an entry-level specialist would help existing staff meet their work demands.

Recommendation #49: Consider enrolling both Office Specialist III positions in the POST 40- hour Records Supervisor Course to support their professional development and to assist in meeting some of the requirements outlined in their job specifications.

Recommendation #50: The ergonomic features and capabilities of workstations, along with workstation and workflow analysis, should be assessed and tailored to enhance operational efficiency.

Recommendation #51: There are numerous resources available for team building, and one particularly effective resource for fostering team trust and performance is Patrick Lencioni’s book, The Five Dysfunctions of a Team : The Official Guide to Conducting the Five Dysfunctions Workshops for Teams and Team Leaders . The Department should contemplate appointing a trusted executive team leader to implement some of the facilitated learning outlined in the book.19

7.6 COMMUNICATIONS CENTER
The Communications Center, also known as a Public Safety Answering Point (PSAP), handles communications for the Police Department, Fire Department, and medical emergencies. The unit is allocated five full-time Supervising Public Safety Dispatcher (SPSD) and 28 full-time Public Safety Dispatcher (PSD) positions. Dispatchers serve dual roles as call-takers and dispatchers and are trained in both capacities. Actual dispatcher staffing includes 15 certified dispatchers and 10 dispatcher trainees. Of the five authorized SPSDs, two positions are vacant, creating a significant gap in supervision and limiting the training of new hires. Currently, unit supervisors occasionally

19 https://www.tablegroup.com/product/facilitators-guide

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cover dispatcher shifts due to a shortage of trained and certified dispatchers. The shortage of dispatchers over the last three years has strained staff and has resulted in a continual rise in annual overtime since 2020, as reflected in the following table.

Table 56—Communications Center Overtime Hours
Overtime Hours 2021 2022 2023
Public Safety Dispatcher 8,202 9,445 9,888
Supervisory Public Safety Dispatcher 1,967 2684 2803
Total 10,175 12,129 12,691
These trends align with the findings of the 2019 City of Berkeley Auditor Report on excessive overtime and low morale due to understaffing.20 The Auditor Report underscores issues like those identified by Citygate during our time onsite. With the Communication Center being understaffed, the Department should consider establishing a call-taker classification to alleviate the burden on dispatchers. Call-takers take both emergency and non -emergency calls and route them to dispatchers, who perform the more challenging task of assigning staff to calls and monitoring their locations throughout the City. Call takers can also train to become PSDs.

The new manager overseeing the Communication Center has set clear expectations and has developed a training plan consistent with POST standards. This plan focuses on leadership training for supervisors , including course facilitator training such as the POST Academy Instructor Certification Course (AICC).

The Communication Center Manager has also increased recruitment efforts. However, the new challenge is that there are not enough workstations, trainers, or space available with so many new hires. Some of the efforts highlighted to increase the dispatcher candidate pool and retention include a $5 ,000 retention incentive, holding dispatch seminars, offering competitive salaries , and having a dispatch recruiter at hiring outreach events.

Citygate believes it is crucial to eventually find a new location for the Communication Center to accommodate its current and future needs. Recently, the onboarding process for seven new hires was significantly hindered due to insufficient facility space and a lack of trainers and training stations. These limitations have adversely affected both the training capacity and the quality of training provided.

20 2019 City of Berkeley Auditor Report.

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The 2022 Federal Engineering, Inc. Needs Assessment Report —which evaluated the staffing, infrastructure, and technology requirements of the Berkeley 9-1-1 Communication Center — identified facilities and increased human capital as high priorities. Citygate concurs with these findings, but we believe that acquiring additional floor space to accommodate more workstations should be prioritized before adding new staff.

7.6.1 Standards and Best Practices
Based on review of the International Association of Chiefs of Police (IACP) 2019 article The State of Recruitment: A Crisis for Law Enforcement ,21 analysis of the Association of Public -Safety Communications Officials (APCO) Staffing and Retention in Public Safety Answering Points (PSAPs): A Supplemental Study report from George Mason University in 2018, 22, and Citygate’s experience, there are several areas that contribute to fewer applicants and reduced retention of new hires.

Contributing factors include:
 Generational differences (concerns with work -life balance and a desire for less forced overtime).
 The public image of law enforcement among many young people.  Hiring process challenges (the IACP recruitment survey noted that 47.5 percent of agencies reported a hiring process that lasted from four months to over a year).

Because APCO is an international organization, they have a deep bench in the areas of business acumen and communications experience. While PSAPs exist in various locations and sizes, they share many similar concerns. As with police officers, dispatchers are people too, and human characteristics change over time as cultures shift and evolve.

Some of APCO’s findings include:
 65.4 percent of all PSAPs report an increase in the number of dispatched calls in the previous years.
 Supportive supervision, coworker support, and perceived recognition from the public merged as key factors to employee retention ( proactive supervisors and inter-employee cooperation create a supportive environment for workers).  Coworker support is an important factor in reducing psychological distress among PSAP staff.

21 https://www.theiacp.org/sites/default/files/239416_IACP_RecruitmentBR_HR_0.pdf 22 https://apconetforum.org/iweb/upload/StaffingandRetentionPSAPsSupplementalStudy.pdf

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 Staffing pressures were an issue with PSAPs of varying sizes. Large PSAPs need help with retention , with over 38 percent reporting that their staffing levels have decreased. Small PSAPs are most likely to have met staffing levels for most of a year (40 percent), but they are least likely to specialize (tasks), meaning employees must focus on multiple tasks as part of their work instead of focusing on one job.  The study found an average retention rate of 71 percent, which is down from the 2009 rate of 81 percent retention, indicating the growing retention problem.

Leaders in the law enforcement profession understand the fatal loop that is created by low retention coupled with a high workload —leading to a situation where an agency is always searching for qualified applicants. Consideration should be given to a two-step solution:

1. Working with HR and Department leadership, create a workgroup charged with modifying the existing recruiting and retention processes (recruiting and retention must work together) and develop an implementation strategy with a timeline for accountability.

2. Review the proposed schedule as a guide to begin filling positions, seeking input along the way. This process is living and change along the way is expected.

When Citygate began work on this study, there were only three FTE SPSDs, but the Department has recently added one more, bringing the total to four. Two Supervisors work the day shift from 6:15 am to 4:15 p m, and the other two work the graveyard shift from 8:30 p m to 6:15 a m. The scheduled days off are either Sunday, Monday, and Tuesday; or Thursday, Friday, and Saturday— resulting in all Supervisors working on Wednesday. To ensure full supervisory coverage, the Department would need six supervisors. Currently, the swing shift lacks assigned supervisors from 4:15 pm to 8:30 pm, leaving a four-hour gap during a busy part of the day that is covered either by supervisors working overtime or by a PSD serving in an acting capacity.

The National Emergency Number Association (NENA) sets standards for call-answer time for PSAPs. Current standards establish (1) 90 percent of all 9-1-1 calls should be answered within 15 seconds, and (2) 95 percent of all 9-1-1 calls should be answered within 20 seconds. These standards are designed to ensure that emergency calls are answered quickly to provide timely assistance to those in need. Meeting these standards is critical for the effectiveness and reliability of emergency communication centers.

A shortage in staffing often result s in only having one dedicated call -taker. Adding a call-taker position would help meet the NENA standard of answering 90 percent of calls within 15 seconds. When Citygate began th is study, the Department was not meeting this standard, with only 87.1 percent of calls answered within 15 seconds. However, through a concerted effort and the use of overtime to ensure minimal staffing, the Department met the NENA standard as of May 31, 2024, with 90.55 percent of

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calls answered within 15 seconds or less. Additionally, the Department met the other NENA standard of answering 95 percent of calls within 20 seconds, achieving a rate of

95.70 percent.

7.6.2 Communications Center Findings
Finding #73: Citygate concurs with the issues and recommendations identified in the two recent Communications Center studies (the Berkeley City Auditor’s Report and the 2022 Federal Engineering Inc. Study).

Finding #74: The current number of workstations and facility space s are insufficient to accommodate the existing and additional future staffing; the current space is not conducive to effective dispatch training.

7.6.3 Communications Center Recommendations
Recommendation #52: New recruitment and retention efforts for dispatchers should be continued.

Recommendation #53: Consider prioritizing the planning and acquisition of additional floor space and workstations to meet current and future needs of the PSAP.

The Department should consider utilizing another City-owned facility or reconfiguring the adjoining office space (Bike Unit) for expansion.

Recommendation #54: Consider increasing Supervisory Public Safety Dispatcher staffing from four to six to ensure proper leadership and supervision for all shifts.

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AND RECOMMENDATIONS

8.1 FINDINGS
The following is a comprehensive list of all findings contained within this report, organized by section.

Citygate’s findings speak to defining elements of the City’s particular context and situation and provide a basis for Citygate’s recommendations.

8.1.1 Employee Survey
Finding #1: 51 of the 68 respondents to Citygate’s Employee Survey indicated that they dedicate at least two hours daily to collateral assignments.

Finding #2: 42 personnel who responded to the Employee Survey self-identified as “engaging in proactive activities.” Within this subgroup, 25 respondents indicated that they spend one hour or less on proactive activities daily. This outcome suggests that Operations staff may have limited capacity to engage in proactive policing, which is supported by narrative comments from some respondents.

Finding #3: Analysis of the data from 68 respondents to the Employee Survey revealed a significant risk of employee attrition, with 60 percent of Department respondents indicating an intent to leave the Department within three years. This outcome suggests multiple concerns related to the retention of personnel.

Finding #4: Respondents to the Employee Survey who indicated a desire to leave the Department within three years also expressed neutral to negative sentiments related to the strengths and opportunities of the Department, suggesting a personal disengagement from the Department’s mission.

Finding #5: Another notable revelation related to personnel who indicated an intent to leave the Department in the near future was that when respondents were questioned about their reasons for doing so , 34 respondents (52 percent) cited better job opportunities, while 30 respondents (46 percent) expressed concerns about the work environment or culture. In analysis of survey comments regarding the reasons behind these sentiments, Citygate found that many pointed towards a perceived lack of support from the community and City Council.

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8.1.2 Police Beat
Finding #6: Given the wide disparity in call volume between some of the former 16 beats, the reduction in number from 16 to 14 in 2023 appears reasonable and consistent with the 2014 Patrol Beat study.

Finding #7: Collapsing of beats (from 14 to 7) beginning in the early morning appears to be a reasonable and wise use of limited resources given reduced call demands during such times.

Finding #8: Reducing the size of Beats 4 and 6 appears necessary given their higher call volumes.

Finding #9: The calls for service demand of beats 15 and 16 were much lower than those of other beats, which is consistent with the 2014 study.

8.1.3 Overtime
Finding #10: As noted by the City Auditor, the number of filled positions is not the same as the number of officers available to work. New hires, for example, although counted as filling a position, are not available for solo officer duties for nearly a year, and authorized positions differ from those actually filled. A n officer position might be “filled,” but the officer may not be available due to a long -term injury or military leave.

Finding #11: To ensure enforcement of overtime rules, the Department now generates a monthly Scheduling Rules Violation Report which details policy exceptions that have been necessary to maintain minimum staffing levels.

Finding #12: Persistent backfilling to fill necessary positions indicates a chronic shortage of personnel in relation to work needing to be completed.

Finding #13: Overreliance on overtime can increase fatigue and burnout and decrease productivity.

Finding #14: Overtime availability outside of Patrol may make overtime availability in Patrol less attractive, which could result in the same limited number of officers taking these assignments.

Finding #15: The Department has implemented new staffing software (“Care Ware”) and develops regular management reports that provide timely, accurate, and complete information regarding overtime, hours worked, and time off taken.

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 133 Finding #16: The Department now has the means to track overtime across all organizational units, including that worked by individuals.

Finding #17: Reducing the number of beats from 16 to 14 appears to have contributed to the reduction in overtime in 2023.

Finding #18: Policy 1015 requires that supervisors verify all overtime worked before approving overtime requests.

8.1.4 Administrative and Fiscal Services
Finding #19: Creating and filling a Senior Management Analyst position would complete the career ladder necessary to prepare current Assistant Management Analysts for more demanding work.

8.1.5 Internal Affairs Bureau
Finding #20: The work of the two Sergeants assigned to Internal Affairs Bureau (IAB) has grown more complex. Not only must they investigate complaints made to the Department, but they now also investigate complaints made to the Police Accountability Board (PAB). Further, they serve an important advisory role to the Chief, support the City Attorney, and serve as liaisons to the District Attorney and the PAB.

8.1.6 Use of Force
Finding #21: Berkeley’s Level 1 Use of Force criteria, while well intentioned, unnecessarily diverts supervisor time to review actions that do not require in-depth review. The supervisors’ time is better spent with officers on calls so that supervisors can train personnel and model interactions in accordance with policy, training , and Departmental values.

8.1.7 Operations Division
Finding #22: 34,111 overtime hours were worked in Patrol in 2023.

Finding #23: Calls for service and calls per shift per officer have increased.

Finding #24: Incidents within most Part 1 crime categories have increased.

Finding #25: Case reports have steadily risen since 2020.

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Finding #26: The Department’s allotted span of control in Patrol (Sergeant to officer) is approximately one Sergeant to four or five officers, which appears reasonable, if not better than, recommended best practices . By adding 15 officers, the span of control of the 14 Patrol sergeants, at a ratio of 1:5 or 1:6, would still be reasonable and consistent with best practices.

Finding #27: Sergeants and Patrol officers are now spending more time on various administrative, prisoner transportation, or evidence collection tasks that consume increasingly more time and may also take multiple officers off the street and out of the City (or otherwise out of service) for hours at a time.

Finding #28: An analysis of Patrol officer utilization reveals that officers were available for calls for service 43 percent of their total work time on average. However, such availability was achieved, in part, by adding thousands of overtime hours and the frequent reassignment of Bike Team officers to Patrol to fill vacant positions.

Finding #29: The Department now has the data and analysis capacity to regularly assess staffing levels in Patrol. By monitoring calls for service, response times, time for community engagement, unobligated police time, and other work demands not captured in CAD records , the Department should be able to assess how many officers and other staff (such as CSOs) are needed in Patrol across the three shifts.

The Department can then make staffing adjustments which can then be reflected in future “timesheets.”
Finding #30: The Community Services Bureau provides many necessary and valuable roles.

The problem-solving efforts of the four community liaisons undoubtedly reduce call and work demands on Patrol.

Finding #31: The Community Services Bureau’s Transparency Hub is an impressive source of a wide variety of police information that includes data on crime, use of force, and traffic safety . It is a model for other police agencies and also reinforces the Department’s commitment to building community trust, confidence, and support.

Finding #32: The Bike Team enjoys strong support. Like the Community Services Bureau, their work also likely reduces call and other work demands on Patrol.

Finding #33: Given reduced staffing levels and the additional time officers are not available on the street, officer-initiated activity has declined, average response time to Priority 2 and Priority 3 calls has increased since 2020, and average officer time on-scene has increased.

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8.1.8 Investigations Division
Finding #34: The Department lacks any detectives assigned to investigate narcotics offenses on a full-time basis. Citygate learned that full -time narcotics investigator positions existed approximately four years ago, but the positions were eliminated.

Finding #35: The existing Case Management System, which would allow supervisors and managers to track cases assigned, cleared, or pended, is not fully utilized.

Finding #36: Crime analysis that is focused exclusively on the investigative function and detective caseloads, including cases lacking investigative leads, is deficient.

Finding #37: The Department lacks a “soft” interview room for crime victims, witnesses, and juvenile interviews.

Finding #38: Crime Scene Technician staffing does not allow for extended employee absences without incurring overtime.

Finding #39: There is no formal training program for newly assigned detectives. Depending on the unit assigned, new detectives shadow a senior detective, but there are no guidelines outlining courses new detectives should take.

Finding #40: Detectives make multiple trips per week to the crime lab in Richmond to drop off evidence for testing. In some cases, detectives make several such trips a day. Staff estimate that they spend four to six hours each week on trips to the Richmond Crime Lab.

Finding #41: To review video from various sources including officer body -worn cameras, detectives have access to only one computer that has the software needed to view and duplicate video.

Finding #42: The Department does not have any detectives assigned to cold cases.

Finding #43: One School Resource Officer (SRO) is assigned to Berkeley High School, which has an enrollment of approximately 3,200 students.

Finding #44: Crime Scene Technicians work a 4/10 work schedule. Under the current schedule, there is a five-hour window where there are no crime scene technicians available to respond to calls from Patrol after 2:00 am.

Finding #45: Between September of 2022 and September of 2023, the percentage of total requests for the District Attorney to obtain DNA evidence collected from crime

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scenes saw a significant increase—from seven percent of evidence requests being related to DNA to 24 percent being DNA-related.

8.1.9 Traffic Bureau
Finding #46: Patrol units manage 73 percent of injury collisions, reducing the time available for proactive activities and community engagement.

Finding #47: Traffic safety education is currently insufficient and should be integrated into a comprehensive traffic safety plan that incorporates “the five ‘E’s.” Finding #48: The Department is currently in a reactionary mode as it relates to traffic enforcement, primarily responding to traffic complaints instead of focusing on targeted areas to reduce all types of traffic collisions.

Finding #49: Given the high number of pedestrian and bicycle collisions, social media and other public information channels should be utilized more frequently and with greater emphasis.

Finding #50: Collision investigations are primarily managed by Patrol officers, though many of the tasks involved in traffic investigations could be effectively managed by a CSO.

Finding #51: Currently, all members of the traffic unit are motorcycle officers, except for the Accident Review officer.

Finding #52: The Department currently transmits collision information to SWITRS by sending hard copies through the mail.

Finding #53: Many roadway traffic surveys are outdated, limiting the extent of traffic enforcement that can be conducted for Primary Collision Factor (PCF) violations.

Finding #54: There are 21 Parking Enforcement officers with only two supervisors assigned across three shifts. The addition of a third supervisor would promote cohesion between supervisors and their respective teams and would likely establish a shift/team leadership approach and ensure a proper supervisory span of control of between one and seven personnel.

8.1.10 Professional Standards Division
Finding #55: Training and background staff are missing continuing professional training and background investigations requirements for some officers and dispatchers, which could cause risk management issues.

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 137 Finding #56: The Department lost 49 officers to resignations between 2016 and 2023.

Finding #57: The duties of the Policy and Planning Sergeant are numerous and varied for a single person to accomplish.

Finding #58: The duties of the Audit and Inspection Sergeant are numerous and varied for a single person to accomplish.

8.1.11 Public Safety Center (Jail)
Finding #59: The Jail’s control board, which is outdated and has experienced recurring functionality issues, needs to be replaced. Additionally, more cameras should be installed to cover existing “dead” zones.

Finding #60: A sworn Sergeant is assigned to Jail operations, although this is not a regulatory requirement under Title 15. Most of the Sergeant's duties involve transporting prisoners to the Alameda County Jail or taking prisoners to a local hospital for medical clearance.

Finding #61: The Department requires Jail operations to always have three CSOS on duty, with two specifically stationed in the booking area when an arrestee is brought in by an arresting officer, who remains in the booking area throughout the entire booking process.

Finding #62: A significant amount of sworn staff time is consumed in transporting and booking detainees at the Santa Rita Jail. The requirement for only sworn personnel to handle transportation is a Departmental mandate.

Finding #63: There is a proposed, staff-recommended, four-team staffing model with 12-hour shifts that is worthy of further consideration and study by the Department.

8.1.12 Technology Unit
Finding #64: The Technology Unit's leadership is entrusted to a uniformed Sergeant due to specialized project management skills, extensive experience, adeptness in the requisitioning process, and proficiency in technology/software solutions.

However, there is currently no succession plan in place for the Sergeant’s eventual departure.

Finding #65: Inefficiencies have been noted in field operations relative to the use of software for report writing. Given the existing software system’s instability, field staff opt to write reports using Microsoft Word before returning to the station to upload and complete them.

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Finding #66: The online reporting system is underutilized for traffic collision reporting.

Embracing advances in technology is imperative in contemporary law enforcement operations.

8.1.13 Property Room
Finding #67: There is a significant backlog of property that needs to be purged that staff are diligently trying to clear. With the daily influx of new evidence and property, the task often seems insurmountable.

Finding #68: The current main evidence facility is prone to flooding, and both the Connex and the “Bulk” storage facility are less than desirable. Photos depicting the exterior facility show it overflowing and lacking adequate storage space.

8.1.14 Records Unit
Finding #69: The Records Unit is currently under significant strain due to an increased volume of California Public Records Act (CPRA) requests.

Finding #70: The professional development of Office Specialist III employees is essential to meet the evolving demands and requirements of their roles.

Finding #71: Implementing ergonomic upgrades to Records Unit staff workstations need could improve employee health and safety, increase productivity, enhance employee wellbeing, and potentially reduce absenteeism.

Finding #72: Staff within the Records Unit are experiencing some internal friction.

8.1.15 Communications Center
Finding #73: Citygate concurs with the issues and recommendations identified in the two recent Communications Center studies (the Berkeley City Auditor’s Report and the 2022 Federal Engineering Inc. Study).

Finding #74: The current number of workstations and facility space s are insufficient to accommodate the existing and additional future staffing; the current space is not conducive to effective dispatch training.

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 139

8.2 RECOMMENDATIONS
Citygate’s recommendations are designed to serve the Department in its efforts to achieve the following six goals:

1. Increasing staffing in some areas and deploying and redeploying staff where and when they are most needed based on accurate and timely data and analysis.

2. In the context of employee wellness and accountability, carefully evaluating the various ancillary duties many employees are assigned, giving particular attention to supervisors who are often being pulled from their supervisory roles.

3. Continuing efforts to track and manage overtime and limiting its use to when it is necessary.

4. Continuing the Department’s strong and creative efforts related to data analysis to drive performance and continuous improvement.

5. Continuing the Department’s strong focus on employee wellness. A focus on wellbeing not only benefits individual employees but also promotes a healthier work environment, reducing the risk of fatigue and enhancing Departmental morale.

6. Improving employee retention and prioritizing employee morale. The benefits of improving police morale are many, including better service for the community, more community trust in the Department, and a motivated, purposeful workforce.

8.2.1 Employee Survey
Recommendation #1: Given the percentage of Employee Survey respondents who indicated a willingness to leave the Department within three years, Citygate believes there is a pressing need for the Department to implement strategic retention strategies to foster a more supportive organizational culture and mitigate potential turnover.

8.2.2 Police Beat
Recommendation #2: Retain the 14-Beat model while continuing to collapse the number of beats to 7 beginning at or about 2:00 am (0200 hours).

Recommendation #3: The Department’s strong data and predictive analysis should dictate where staff are assigned. Periodically review beat activity and workload demand and adjust as necessary.

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8.2.3 Overtime
Recommendation #4: Continue to record, analyze, and manage overtime to reduce the likelihood of employee fatigue and burnout.

8.2.4 Administrative and Fiscal Services
Recommendation #5: By adding a Senior Management Analyst and an Associate Management Analyst (which can likely be filled by promoting one of the three existing Assistant Management Analysts), Citygate believes the Unit can keep better pace with work demands while also creating a career ladder, which is critical given that the current Administrative and Fiscal Services Manager will be eligible to retire over the next two years.

8.2.5 Internal Affairs Bureau
Recommendation #6: Given the number of complaints received by the Internal Affairs Bureau (IAB), the time constraints related to completing investigations, and many other administrative demands —including those required of the Director of Police Accountability and outlined in the City Charter, which often involve significant IAB staff time — Citygate recommends that the Department add one clerical support staff position to the IAB.

8.2.6 Use of Force
Recommendation #7: Given the number of reported Level 1 uses of force in Berkeley —in which a subject did not experience more than temporary discomfort— Citygate recommends the City and Department modify their reporting requirements to those more in line with the policies of the cities of Fremont, Hayward, Richmond, San Leandro , and Santa Clara, whose Lexipol-created policies comply with both state and federal law.

8.2.7 Operations Division
Recommendation #8: Restore Patrol staffing by adding 15 additional officers —four officers each to teams 1, 2, and 3 ; and three officers to Team 7 —bringing the total from the current 58 to 73. It is Citygate’s understanding that these additional positions are funded but not currently filled. The added staffing would reduce the need for Patrol overtime, which w ould reduce the likelihood of fatigue and burnout while affording officers

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 141 the ability to take time off without the need to “sell” shifts. [Note:
“Selling” a shift occurs when Patrol minimum staffing is reached, and Patrol officers want time off. They are generally allowed such time off only if they can find another officer to fill in for them on an overtime basis.]
Recommendation #9: Add five CSOs (Citygate understands these positions have already been funded) to support Patrol officers on weekday morning and evening shifts. Given existing call demands and committed time, Citygate believes the Department should strategically deploy fi ve Patrol CSOs to match those times of day and days of week where Patrol time is most obligated currently (Day Shift and Swing Shift), which would help to reduce the committed time of Patrol officers, affording them more time for community engagement and to be proactive while also ensuring greater availability to respond to emergencies and cover assignments.

Recommendation #10: CSOs should be trained to take many non -emergency calls and write related reports, recover stolen vehicles and found property, tow abandoned vehicles, retrieve and download video evidence, transport witnesses and victims, etc.

Recommendation #11: After staffing is added to Patrol, create a team of five officers led by one Sergeant that can be flexibly deployed to quickly address most any emerging public safety issue, which might include organized retail theft, robberies, carjackings, etc. Such a team might also serve as a field resource for detectives. This team should also be one that can move rapidly across shifts and days of the week to address issues identified in the Department’s strategic analysis of crime.

Recommendation #12: The Department should continue to closely evaluate Patrol spans of control; call patterns, including the number, location, and types of calls; response time; unobligated (available) police time ; and call-handling (on-scene) time. These factors are essential in assessing Patrol’s staffing needs now and in the future. Further, even though call volume may remain stable in future years, call -handling time —and the nature/type of such calls along with other operational work demands— may suggest the need for more staff and/or the redeployment of existing staff to ensure Patrol can meet the service expectations of City residents.

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Recommendation #13: When the Community Services Bureau’s PIO and Strategic Analysis Team are transferred to the Chief’s Office, the Bike Team should be realigned under the Community Services Burea u, where the Community Services Bureau Lieutenant can provide oversight, thus relieving a Patrol Lieutenant from this responsibility.

8.2.8 Investigations Division
Recommendation #14: If, at full staffing, the recommended Patrol team is found to be overwhelmed and insufficient to manage narcotics investigations, the Department should consider creating a team comprised of detectives and a Sergeant to investigate narcotics offenses.

Recommendation #15: Investigations Division Supervisors and managers should make broader use of the existing case management system within the current records management system to better track cases assigned to detectives. Each unit supervisor should be able to see the caseload carried by each detective in real time, including the number of open, closed, pending, and cleared cases.

Recommendation #16: Add a full-time, Real-Time Crime Analyst to support both Patrol and Investigations. This position will focus on rapidly operationalizing data to officers in the field and detectives working active cases.

Recommendation #17: Construct a “soft” interview room for interviewing victims and witnesses of certain sensitive crimes. Such rooms can be used by survivors of crime, domestic abuse, sexual assault, and children in traumatic situations.

Recommendation #18: Develop a training matrix for Investigations. The training matrix should include a formal training program for newly assigned detectives and a list of POST/ICI training courses required for each detective.

Recommendation #19: Create a plan to reduce the number of daily trips detectives make to the crime lab in Richmond. The addition of a CSO (or a retired annuitant) could relieve detectives from having to make frequent trips to Richmond for evidence pickup and drop-off.

Recommendation #20: Purchase software to install on additional computers in the Investigations Division that would allow detectives to review, save , and copy video footage from all available sources within the City— including City-owned street cameras, officer body-worn cameras, and

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 143 private cameras in situations where the owners have given the Department access.

Recommendation #21: Consider hiring a cold case detective, potentially a retired annuitant, to investigate cold cases.

Recommendation #22: Consider adding a second School Resource Officer to Berkeley High School given the extensive workload of the current SRO.

Recommendation #23: Add one additional Crime Scene Technician to the current staff of four.

8.2.9 Traffic Bureau
Recommendation #24: The Department should endeavor to fully staff the Traffic Bureau so that it can handle most (if not all) injury collisions, as well as increase education and enforcement efforts in traffic safety. These changes would significantly free Patrol personnel to focus on their primary responsibilities.

Recommendation #25: Create a structured plan for targeted enforcement and educational initiatives based on analyzing variables associated with high crash data from the Office of Traffic Safety (OTS) and the Traffic Injury Mapping System (TIMS).

Recommendation #26: Continue to expand the use of statistical data for deployment of Traffic Unit personnel.

Recommendation #27: Expand the use of social media to inform the public of traffic safety and enforcement efforts to enhance their impact on driving behavior.

Use of social media and other approaches to promote bicycle and pedestrian safety and enforcement efforts could also be effective. [Note: At the time of Citygate’s writing of this report, the Public Information Officer was being moved to the Office of the Chief as part of a new Office of Strategic Communications.]
Recommendation #28: Add a civilian CSO to conduct or aid in collision investigations and traffic educational/safety presentations. This would be more cost - effective than an additional Traffic Unit officer and would allow for increased traffic enforcement by current Traffic Unit officers.

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Recommendation #29: Build the Traffic Unit comprising both Motorcycle officers and Patrol cars. Traffic enforcement and collision investigation can be effectively conducted using either a car or a motorcycle.

Recommendation #30: Consider working with an OTS Law Enforcement Liaison to acquire an Allied Agency Reporting Service (i.e., Crossroads) via grant.

Recommendation #31: The Traffic Bureau should collaborate with the City Traffic Engineer to update outdated traffic surveys.

Recommendation #32: Consider appointing an additional supervisor within the Parking Enforcement Unit to mitigate the current extensive span of control and decrease overtime.

Recommendation #33: At current (reduced) staffing levels, c onsider expanding the workload and responsibilities of the Traffic Unit Lieutenant or reallocating the position to a role where it can be more effectively utilized. At full staffing, Citygate believes the Lieutenant’s position is justified.

8.2.10 Professional Standards Division
Recommendation #34: To reduce unnecessary resignations, the Department should consider establishing a Retention Team with members from several different units to review and evaluate exit interviews. The committee can identify preventable reasons for resignations and make
recommendations to improve employee retention.

Recommendation #35: When the Policy and Planning Unit is transferred during the Department’s planned reorganization, the roles and responsibilities of the Sergeant should be more narrowly focused to allow for the successful completion of all assigned duties. If additional responsibilities are included, consideration should be given to adding a clerical support position.

8.2.11 Public Safety Center (Jail)
Recommendation #36: The Department should proceed with securing a contract for an architect to upgrade the control board, add cameras, and potentially expand the size and functionality of the Booking Room at the Jail facility.

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 145 Recommendation #37: Consider creating a civilian manager position and reassigning the sworn supervisor to oversee the Property Room (as per the property recommendation) or reallocating the Sergeant to address a higher - priority need for sworn supervision.

Recommendation #38: Consider reducing the requirement to always have three CSOs on duty, given that the booking officer is required to remain in the booking area during the processing of an arrestee.

Recommendation #39: Consider a change to the current requirement that does not allow CSOs to transport prisoners. Such a change would necessitate additional training for the CSOs but would reduce overtime and the need for two sworn staff members during transportation.

Recommendation #40: Consider further study of a four -team, 12 -hour shift model for Jail operations. Citygate believes this model could potentially increase the number of CSOs on -duty, providing opportunities for CSOs to aid in prisoner transportation, patrol duties, or other assigned responsibilities.

8.2.12 Technology Unit
Recommendation #41: Evaluate the number of responsibilities managed by Technology Unit staff. Consider reducing service levels or adding more staff.

Recommendation #42: Consider appointing a full -time civilian information technology specialist to oversee the Technology U nit rather than relying on a sworn S ergeant. This transition will ensure stability, expertise, and continuity in navigating the Department through the ever -evolving technology field.

Recommendation #43: Consider investigating alternative software solutions for all facets of police operations. Prioritizing the convenience of retaining current software vendors should not overshadow the importance of advancing operational efficiency.

Recommendation #44: Consider adding categories such as Non-Injury Traffic Accidents, Non- Injury Hit-and-Run Traffic Accidents, and Non-Injury Single-Vehicle- Property-Damage-Only Traffic Accidents as options within the online reporting system. Software solutions offered by companies like

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LexisNexis can facilitate this initiative. 23 By diverting or referring more calls for service to online reporting, the Department would likely create more available time for officers in Patrol—which could ultimately help to reduce overtime usage within the Department.

8.2.13 Property Room
Recommendation #45: The Department could enhance its efficiency by establishing a short - term, dedicated task force to address the evidence backlog and improve and streamline the organization of evidence and property rooms. The Unit’s ongoing, permanent staffing should consist of one Supervisor, two full-time Specialists, and one part -time staff member capable of providing support for both planned and unplanned absences and conducting periodic audits.

Recommendation #46: The Department should conduct a thorough assessment of the current state of property and evidence facilities including the physical infrastructure, storage capacity, security measures, and compliance with current standards. The Department should also consi der a POST review of current evidence practices, procedures, and policies.

Recommendation #47: Citygate has provided Property and Evidence staff with the POST Property and Evidence Function’s Agency Self -Evaluation (revised February 2022) and recommended that the Supervisor and staff review it annually. Given the sensitive nature of evidence, effect ive risk management requires thorough oversight and rigorous control measures.

8.2.14 Records Unit
Recommendation #48: The Department would benefit from staffing the Records Unit with an Office Specialist I to manage the increased volume of CPRA requests.

Adding such an entry -level specialist would help existing staff meet their work demands.

Recommendation #49: Consider enrolling both Office Specialist III positions in the POST 40- hour Records Supervisor Course to support their professional

23 A prototypical model can be found in the City of Fullerton's online Traffic Collision Report page, which currently includes these types of online reporting collisions and allows users to obtain a collision report online.

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Section 8—Summary of Personnel Priorities and Findings and Recommendations page 147 development and to assist in meeting some of the requirements outlined in their job specifications.

Recommendation #50: The ergonomic features and capabilities of workstations, along with workstation and workflow analysis, should be assessed and tailored to enhance operational efficiency.

Recommendation #51: There are numerous resources available for team building, and one particularly effective resource for fostering team trust and performance is Patrick Lencioni’s book, The Five Dysfunctions of a Team: The Official Guide to Conducting the Five Dysfunctions Workshops for Teams and Team Leaders . The Department should contemplate appointing a trusted executive team leader to implement some of the facilitated learning outlined in the book.24

8.2.15 Communications Center
Recommendation #52: New recruitment and retention efforts for dispatchers should be continued.

Recommendation #53: Consider prioritizing the planning and acquisition of additional floor space and workstations to meet current and future needs of the PSAP.

The Department should consider utilizing another City-owned facility or reconfiguring the adjoining office space (Bike Unit) for expansion.

Recommendation #54: Consider increasing Supervisory Public Safety Dispatcher staffing from four to six to ensure proper leadership and supervision for all shifts.

24 https://www.tablegroup.com/product/facilitators-guide

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Fair Campaign Practices Commission

INFORMATION CALENDAR
September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Fair Campaign Practices Commission
Submitted by: Sam Harvey, Secretary, Fair Campaign Practices Commission Subject: Fair Campaign Practices Commission FY2025-2026 Work Plan

INTRODUCTION
The Fair campaign Practices Commission (FCPC) has updated its work plan, which outlines Commission objectives for the upcoming fiscal year. This work plan includes:
• Ongoing compliance review of campaign statements
• Ongoing review of alleged violations of the Berkeley Election Reform Act (BERA) (
BMC Ch. 2.12)
• Receiving trainings on various topics including due process, complaint hearings processes, the Brown Act, conflicts of interest, BERA and campaign reporting obligations, and legislative vs. quasi-judicial roles of the Commission • Identifying issues, monitoring trends and collecting data related to campaign fundraising and contr
ibution limits
• Analyzing and assessing the performance of the public financing system and considering improvements to the matching funds disbursement process • Developing recommendations for removing barriers to access for candidates and improving public sharing of information by streamlining, clarifying and simplifying the City’s campaign rules, regulations and procedures
• Reviewing and revising FCPC enforcement procedures
• Considering possible amendments to BERA and FCPC Regulations to provide clarity and improve oversight of City campaigns

CURRENT SITUATION AND ITS EFFECTS
At its regular meeting on June 19, 2025, the Fair Campaign Practices Commission approved the FY2
025-2026 Work Plan, which will be used to guide the Commission’s work throughout the fiscal year.
30

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Action: Motion to approve work plan
Vote: M/S/C: Soichet/Ching; Ayes: Bowen, Lee, Ching, Soichet, Lazarus, Saginor; Noes:
none; Abstain: none; Absent: Sudharsan

BACKGROUND
See attached Work Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental or
climate impacts or opportunities were identified as a result of this
recommendation.

POSSIBLE FUTURE ACTION
Based on Commission research and public hearings, new initiatives and recommendations to City Council may be submitted to City Council at such time deemed necessary.

FISCAL

IMPACTS OF POSSIBLE FUTURE ACTION
Unknown, but no
ne expected.

CONTACT PERSON
Samuel Harvey, Commission Secretary (510) 981-6998
Kitt Saginor, Chair (510) 981-6998
Attachment: 1: Fair Campaign Practices Commission Work Plan

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Fair Campaign Practices Commission
Work Plan for FY2025-2026 (July 1, 2025-
June 30, 2026)
Approved June 19, 2025
• Ongoing compliance review of campaign statements.
• Ongoing review of alleged violations of t he Berkeley Election Reform Act (“BERA
”)
• Receive trainings on the following topics, with the goal of completing trainings by the end of Q1 2026:
o Due process and complaint hearings processes
o Brown Act
o Conflicts of interest
o BERA and other campaign reporting obligations
o Legislative vs. quasi-judicial roles of the Commission • Identify issues, monitor trends and collect data related to campaign fundraising and contribution limits
• Analyze and assess the performance of the City’s campaign public financing system and consider improvements to the matching funds disbursement process
• Develop recommendations for removing barriers to access for candidates and improving how candidates and the public share information by streamlining, clarifying and simplifying the City’s campaign rules, regulations and procedures
• Review and revise FCPC enforcement procedures
• Consider possible amendments to BERA and FCPC Regulations to provide clarity and improve oversight of City campaigns
ATTACHMENT 1

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Open Government Commission

INFORMATION CALENDAR
September 9, 2025
To:

From:

Submitted by:

Subject:

Honorable Mayor and Members of the City Council
Open Government Commission
Sam
Harvey, Secretary, Open Government Commission
Open Government Commission F
Y2025-2026 Work Plan

INTRODUCTION
The Open Government Commission (OGC) has updated its work plan, which outlines Commission objectives for the upcoming fiscal year. This work plan includes the following items:
• Ongoing review of complaints concerning alleged non-com pliance with the Open
Government Ordinance, the Brown Act, the Public Records Act, or the Lobbyist Registration Act.
• Propose legislation or procedures to further ensure the City’s compliance with the Open Government Ordinance, the Brown Act, the Public Records Act, and the Lobbyist Registration Act.
• Administer and make more effective the Lobbyist Registration Act, including reviewing how City systems may be upgraded to permit electronic submission of forms and fees for lobbyist registration and reporting. • Advise the City Council of any action or policy that would enhance open and effective government in the City of Berkeley.
• Review and make recommendations regarding public access and participation in public meetings of the City Council and other City bodies • Review and provide advice on any proposed changes the City Council’s rules of procedure.
• Review, approve, and forward to the City Council the annual report submitted to the Open Government Commission by the City Manager regarding compliance with the Open Government Ordinance, the Public Records Act, the Brown Act,

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the Lobbyist Registration Act, and any other information the City Manager deems appropriate for open and effective government in the City of Berkeley. • Receive trainings on the following topics:
o Brown Act
o Conflicts of Interest
o Public Records Act
o Open Governance Ordinance
o Berkeley Lobbyist Registration Act
• Explore ways to improve public access and usability of the City’s website • Monitor and make recommendations related to City progress in providing remote access to City commission and board meetings
• Explore ways for the City to better publicize the work of City boards and commissions and address vacancies on City boards and commissions

CURRENT SITUATION AND ITS EFFECTS
At the regular meeting on June 19, 2025, the Open Government Commission approved the FY2025-2026 Work Plan, which will be used to guide the Commission’s work throughout the year.

Action:

Motion to approve work plan
Vote: M/S/C: Lee/Lazarus; Ayes: Bowen, Lee, Ching, Soichet, Lazarus, Saginor; Noes: none; Abstain: none; Absent: Sudharsan

BACKGROUND
See attached Work Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental or
climate impacts or opportunities were identified as a result of this recommendation.

POSSIBLE FUTURE ACTION
Based
on Commission research and public hearings, new initiatives and recommendations to City Council may be submitted to City Council at such time deemed necessary.

FISCAL IMPACTS OF

POSSIBLE FUTURE ACTION
Unknown, but no
ne expected.

CONTACT PERSON
Samuel Harvey, Commission Secretary (510) 981-6998
Kitt Saginor, Chair (510) 981-6998
Attachment: 1: Open Government Commission Work Plan

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Open Government Commission
Work Plan for FY2025-2026 (July 1, 2025-
June 30, 2026)
Approved June 19, 2025
• Ongoing review of complaints concerning alleged non-com pliance with the Open
Government Ordinance, the Brown Act, the Public Records Act, or the Lobbyist Registration Act.
• Propose legislation or procedures to further ensure the City’s compliance with the Open Government Ordinance, the Brown Act, the Public Records Act, and the Lobbyist Registration Act.
• Administer and make more effective the Lobbyist Registration Act, including reviewing how City systems may be upgraded to permit electronic submission of forms and fees for lobbyist registration and reporting. • Advise the City Council of any action or policy that would enhance open and effective government in the City of Berkeley.
• Review and make recommendations regarding public access and participation in public
meetings of the City Council and other City bodies
• Review and provide advice on any proposed changes the City Council’s rules of procedure.
• Review, approve, and forward to the City Council the annual report submitted to the Open Government Commission by the City Manager regarding compliance with the Open Government Ordinance, the Public Records Act, the Brown Act, the Lobbyist Registration Act, and any other information the City Manager deems appropriate for open and effective government in the City of Berkeley. • Receive trainings on the following topics with the goal of completing all trainings by Q1 2026:
o Brown Act
o Conflicts of Interest
o Public Records Act
o Open Governance Ordinance
o Berkeley Lobbyist Registration Act
ATTACHMENT 1

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• Explore ways to improve public access and usability of the City’s website • Monitor and make recommendations related to City progress in providing remote access to City commission and board meetings
• Explore ways for the City to better publicize the work of City boards and commissions and address vacancies on City boards and commissions ATTACHMENT 1

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Communications

All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

Records Online
https://records.cityofberkeley.info/

To search for communications associated with a particular City Council meeting using Records Online:

1. Select Search Type = “Public – Communication Query (Keywords)”

2. From Date: Enter the date of the Council meeting

3. To Date: Enter the date of the Council meeting (this may match the From Date field)

4. Click the “Search” button

5. Communication packets matching the entered criteria will be returned

6. Click the desired file in the Results column to view the document as a PDF

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