To the members of the:
CITY COUNCIL
Date 4/ \'2.[22. CA ✓ CC V
CM L ACM ~CM (3) v
April 12, 2022
Council Memorandum
To: Honorable Mayor Hall ..-ITT1' .... "'
From: Mickey Williams, Chief of Poli~,,_.-
Via: Scott Chadwick, City Mana er
Re: Countywide Officer lnvolv S
{city of
Carlsbad
Memo ID#2022041
This memorandum provides information related to a new countywide Memorandum of Understanding (MOU) regarding the protocol for the criminal investigation and review of officer- involved shootings (01S} and other deadly force incidents. This will result in the San Diego Police Department being the lead criminal investigative agency for these types of incidents involving Carlsbad Police employees.
Background
Prior Carlsbad Police Department policy provided that the jurisdictional agency where an OIS or other deadly force incident occurred, had the responsibility for completing the criminal investigation of the incident. Additionally, the involved agency often completed their own administrative and civil parallel investigations.
For example, under prior policy, if a Carlsbad Police Officer was involved in an OIS or other deadly force incident in the City of Carlsbad, the Carlsbad Police Department would have conducted the criminal, civil and administrative investigations of the incident. If a Carlsbad Police Officer was involved in an OIS or other deadly force incident in a neighboring city, the neighboring law enforcement agency would have conducted the criminal investigation and the Carlsbad Police Department would have conducted a parallel administrative and civil investigation.
Discussion
Under the newly formed countywide MOU, when a Carlsbad Police Officer is involved in an OIS or other deadly force incident as defined in the MOU, the lead criminal investigative agency will be the San Diego Police Department (SDPD). Carlsbad Police detectives will assist SDPD with the criminal investigation and the Carlsbad Police Department will still conduct parallel administrative and civil investigations.
The countywide MOU defines OIS or other deadly force incidents that fall within the purview of the MOU to be, "1) any discharge of a firearm by a peace officer, excluding discharges that are deemed unintentional, training related, or conducted during the euthanization of an animal, 2) Police Department
Administration
2560 Orion Way I Carlsbad, CA 92010 I 760-931-2131
Council Memo -Countywide Officer Involved Shooting Investigation MOU April 12, 2022
any use of deadly force by a peace officer resulting in death, or 3) any death of a person while "in custody" of a peace officer."
This MOU is the result of law enforcement agencies of San Diego County recognizing the need for transparent and independent criminal investigations and reviews of all peace officer-involved shootings and use of force incidents resulting in death.
A press release regarding this new MOU is scheduled for April 13, 2022.
A copy of the finalized MOU, signed by participating agencies, will be forwarded to City Council upon its receipt.
Next Steps
The Police Department will begin operations under the new MOU. cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Cindy Anderson, Senior Management Analyst