Agenda-Item-Number-15-Status-of-Recommendations-From-Independent-Police-Review-040522

CITY OF SEBASTOPOL

CITY COUNCIL

AGENDA ITEM
Meeting Date: April 5, 2022
To: Honorable Mayor and City Councilmembers
From: Chief of Police Kevin Kilgore
Subject: Presentation from the Police Chief - Recommendations Status Update - Public Report on Independent Civilian Review of Sebastopol Police Department Recommendation: That the Council receive the informational report.

Funding: Currently Budgeted: _______ Yes _______ No ___X__ N/A Account Code/Costs authorized in City Approved Budget (if applicable) __AK____ (verified by Administrative Services Department) INTRODUCTION/PURPOSE:

The item is to request Council receive an updated report on Status of Recommendations from the Public Report on Independent Civilian Review of Sebastopol Police Department conducted by Jerry Threet.

BACKGROUND:

On June 17, 2021, the City Council and community received a report from Jerry Threet which was an independent review of the Department’s overall policies, practices, training, and organizational culture. From that review, Mr.

Threet presented recommendations to the Council based on his independent review.

DISCUSSION:

Tonight’s item is to present to the City Council an update on the actions accomplished since the last update on January 4, 2022, items that are coming soon, and items related to updating the SPD website.

At the July 2021 Council Meeting, the Council and community received a report that the department has accomplished 96 out of the 140 recommendations listed in the report. At the October 2021 Council Meeting, the Council and community received a report that the department has accomplished 109 out of the 140 recommendations listed in the report. At the January 2022 Council Meeting, the Council and community received a report that the department has accomplished 117 out of the 140 recommendations listed in the report. Of the remaining 23 items, 14 have been accomplished to date and 9 will likely remain in a “continual/ongoing” status.

GOALS:

This action supports the following City Council Goals and General Plan Actions:

5.1: Expand and Encourage Community Involvement in the Government Process by Increasing the Public’s Understanding of local Government Operations and Increasing Interaction with Elected Officials Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

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5.3.3 Encourage and increase public awareness of City Policies, decisions, programs and all public processes and meetings, by investigating effective methods of communication and obtaining feedback from the community.

Goal CSF 6, Policy CSF 6-1: Continue to maximize public participation in local government actions and maintain excellent levels of City government service.

PUBLIC COMMENT:

As of the writing of this staff report, the City has not received any public comment. However, staff anticipates receiving public comment from interested parties following the publication and distribution of this staff report.

Such comments will be provided to the City Council assupplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.

PUBLIC NOTICE:

This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.

FISCAL IMPACT:

There is no fiscal impact associated with the presentation of this item to the Council tonight.

RECOMMENDATION:

Staff recommends the Sebastopol City Council Receive and Discuss the report and provide comments or direction to City staff.

Attachments:

Presentation
Status of Recommendations
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

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Recommendations Status Update
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

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Accomplishments
Of the 140 recommendations listed in the
report, 131 recommendations have been
accomplished, and 9 recommendations will
likely remain in a “continual/ongoing”
assessment status.

Agenda Item Number 15 Agenda Item Number 15
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Most Recently Accomplished
Employee Training
Recommendations 11, 12, 13
Internal Affairs Investigations Systems
Recommendations 34, 38
SPD Use of Force Policies
Recommendations 46.18, 46.21, 46.28
SPD Bias Free Policing Policies
Recommendation 47.6, 47.7
Transparency and Community Feedback Processes
Recommendation 53, 55, 56, 57
Agenda Item Number 15 Agenda Item Number 15
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Continual / On Going
Regular Staff Input on SPD Operations
Recommendation 2
Employee Performance Evaluations
Recommendations 4, 8, 9
Community Engagement
Recommendations 15, 16
SPD Use of Force Policies
Recommendation 46.10
SPD Policies and Practices Related to Immigrants
Recommendation 49.7
Independent Civilian Oversight Processes
Recommendation 58
Agenda Item Number 15 Agenda Item Number 15
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Recommendation Title Recommendation # Recommendation Response Status Next Steps Timeline Regular Staff Input on SPD Operations
1 Given the significant value of the staff
interviews conducted as a part of this
review to fully understanding the
challenges and opportunities of the
Department, SPD and the City should
consider establishing a process for a
periodic, confidential consultation with
SPD employees designed to gather such
information into a report for use by
SPD and City management. In addition,
SPD should institute a process for exit
interviews of all employees who leave
the Department to obtain similar
information.

The Department has reviewed and implemented this recommendation (e.g., monthly sergeants’ meetings, bi-weekly check-in meetings with SPOA, other employees' one-on-one meetings, exit interviews
Completed
Continuation of this process Completed 4th
Quarter of 2020
2 The City should ensure that SPD is able
to fully staff its budgeted positions, so
that SPD is able to attract and retain
employees, adequately train employees,
and support robust community
engagement.

The Department is actively recruiting staff to fill positions. A staff assessment is underway and will help determine if additional staffing is needed.

Continual
Continued recruitment and
vacancy forecasting, when
possible
On going
Employee Recruitment, Hiring, and
Retention 3
The Department should engage in
targeted recruitment of applicants
designed to increase the diversity of its
workforce.

The Department has broadened its recruiting processes to reach a diverse pool of potential applicants within Sonoma County, surrounding counties, and communities within the state. The broadened recruitment processes include visits to regional academies throughout northern California and advertisements that reach communities and academies throughout the state.

Completed
Continued broad recruitment
processes and ongoing process
assessment
Completed 1st
Quarter of 2021
Employee Performance Evaluations
4 The Department should strengthen its
newly implemented performance
evaluation system by makings its
evaluation criteria more focused on the
specific functions and missions of SPD.

The Department has focused on completing evaluations and familiarizing supervisory with the system. The Department continues to provide mentoring and guidance in how to provide effective feedback and meaningful performance reviews. This is a continual process that allows for skills to be honed over a suoervisor's career.

Continual
Continued training and
mentoring of supervisors in
how to objectively evaluate
personnel. Evaluation content
is reviewed by the Lt. and
Chief and feedback is provided
before a final evaluation.

On going
5 The Department should include public
input into the performance evaluation
system, both by consulting the public
on what criteria should measure
employee performance, and by
including direct customer input into
evaluations.

The Department is considering forming a committee to refine the evaluation form and process. The Department is considering technology platforms to provide for public input in the evaluation process. The Department has teamed with Openpolicing.org to obtain timely feedback from people our department personnel interact with on the phone and in person. Completed Openpolicing.org proposal was
presented and approved by City
Council on July 20, 2021.

Meetings with
Openpolicing.org regarding
implementation began on
8/31/21. The Openpolicing.org
platform was implemented on
12/19/21
Completed 4th
Quarter of 2021
6 The Department should consider ways
to include the input of peers and other
supervisors in employee performance
evaluations.

A Supervisors' Notes Form was implemented and is being used regularly to document positive and needs-improvement matters. The current process allows for input from peers and supervisors as it relates to employee performance. Completed Ongoing process assessments
for improvements
Completed 4th
Quarter of 2020
7 The Department should strengthen its
emphasis on customer service criteria
in its performance evaluation system.

Customer Service is one of the themes that was implemented with the Supervisors' Notes. It is also a theme within our Mission, Vision, and Core Values Statements
Completed
Ongoing process assessments
improvements
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
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8 The Department should increase the
transparency and objectivity of the
criteria supervisors use to measure
performance in annual employee
performance evaluations.

The Department is training and working with supervisors to create a uniform, objective, consistent, and predictable evaluation process. The Department continues to provide mentoring and guidance in how to provide effective feedback and meaningful performance reviews. This is a continual process that allows for skills to be honed over a suoervisor's career.

On going
9 The Department should enhance the
training of supervisors in conducting
employee performance evaluations in
order to make the process more
consistent and predictable for all
employees.

The Department is training and working with supervisors to create a uniform, objective, consistent, and predictable evaluation process. Supervisors' Notes are being utilized frequently so that personnel are not surprised by noted information in their annual evaluation. Continual
Continued training and
mentoring of supervisors in
how to objectively evaluate
personnel. Evaluation content
is reviewed by the Lt. and
Chief and feedback is provided
before a final evaluation.

On going
10 The Department should support and
strengthen the use of supervisory notes
to provide regular, ongoing feedback to
employees on their performance, and
make regular use of such notes for
annual performance evaluations.

The Department implemented this system in September 2020, and it is being utilized regularly.

Completed
Continuation of this process Completed 4th
Quarter of 2020
Employee Training
11 SPD should increase overall training
opportunities for all employees.

The Department has developed a Training & Employee Career Development Guide that is will be utilized by all department personnel. The guide provides Madated, Essential, and Desireable training categories. Completed Continued assessment of
training options and availability
in an effort to develop broader
perspectives
Completed 1st
Quarter of 2022
12 The Department should increase nontraditional training in areas of greater emphasis in modern policing, including
Customer service, de-escalation skills,
implicit bias, and active bystander
training.

Department staff recently completed LGBTQ training and national conflict resolution and tactical communications (de-escalation and bias-free) training.

Additionally, some staff members have completed conflict resolution training.

Additional non-traditional training will be provided as time/budget permits and will be noted in the Training & Employee Career Development Guide. Completed Continued assessment of
training options and availability
in an effort to develop broader
perspectives
Completed 4th
Quarter of 2021 and
1st Quarter of 2022
13 SPD should also include an emphasis
on non-traditional training in its Field
Training Officer programs.

The following has been included in the Training & Employee Career Development Guide: "As much as possible, approved training should increase and implement non-traditional, robust training necessary to support the department core guidelines, including but not limited to de-escalation training, implicit bias training, communications training, scenario-based training and take into consideration the benefits of a “trauma-informed policing” approach, both for its officers and the community members they encounter during incidents. Training to understand and accommodate the effects of trauma on both officers’ and community members’ emotional and cognitive abilities has great potential to increase positive outcomes and avoid the use of force." Additionally, our officers encounter a variety of calls for service in our Field Training Program, and they are taught how to effectively deal with challenges they may face in the field through the use of traditional and non-traditional training.

Completed
Continued assessment of
training options and availability
in an effort to develop broader
perspectives
Completed 4th
Quarter of 2021 and
1st Quarter of 2022
Agenda Item Number 15 Agenda Item Number 15
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14 The Department should choose internal
trainers from among those employees
with a record of closely following the
requirements of agency policy and
training.

The Department has and continues to assess the experience, performance, and fulfillment of expectations expected of personnel as internal trainers are selected through a selection process. Completed
Continued assessment of
personnel who show tangible
accomplishments and traits best
suited for a training role
Completed 1st
Quarter of 2021
Commnuity Engagement 15
SPD should return to a model of robust
and active community engagement as
soon as staffing levels allow it to do so.

The Department is actively implementing this recommendation. Foot patrols have been implemented. Bicycle patrols have been implemented. Increased community events are being assessed as pandemic restrictions are eased or removed completely. Foot and bicycle patrols increased over 500% between 04/01/2021 - 10/12/2021 compared to 04/01/2020-04/01/2021. Open house is scheduled for Spring 2022. Additional outreach and engagement event, such as National Night Out, Community BBQs, and Coffee w/ a Cop will be done as pandemic restrictions and staffing levels allow. Social media platforms results increased results in the following:

Facebook activity
From 10/12/20 – 4/1/21
• Accounts reached: 64K
• Net followers: –4
• Total posts: 33
From 4/1/21 – 11/06/21
• Accounts reached: 935K
• Net followers: 873
• Total posts: 67
Instagram activity (Some “Insights” only go back 90 days) From 10/12/20 – 4/1/21
• Total posts – 25
From 4/1/21 – 11/06/21
• Total posts – 68
117 net new followers added since 8/08/21
58,218 Impressions since 8/08/21 (105% increase from previous 90-day period)
Continual
Continued outreach,
engagement, and involvement
in community events
On going
Agenda Item Number 15 Agenda Item Number 15
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16 The Department should assign
employees to ongoing engagement with
key community groups, including
especially groups representing or
serving traditionally disadvantaged
populations, as part of their regular
duties.

The Department will review this recommendation and assess possible options.

Currently, Department members are actively reaching out to community groups and advocates to form new and stronger relationships. The Department has partnered with WCCS and other homeless outreach organizations. Officers routinely walk foot beats in areas of the city frequented and populated with homeless people, not only for enforcement, but also engaging and determining what services can be offered when/if needed. While all department members engage in this activity, the department has assigned a homeless outreach liaison. The Department frequently partners with the Mobile Support Team for mental health related issues. Not just in response to active incidents, but in making MST aware of community members who may not be having an immediate crisis, but are in need of ongoing mental health resources. Another option for outreach that will be explored, as staffing allows, is having officers with fluency in Spanish create engagement opportunities with our Hispanic community members (Florence Avenue Apartments, as an example).

Continual
Continued outreach and
engagement
On going
17 SPD should commit to hiring one or
more employees with Spanish language
and cultural fluency who can
effectively engage with members of the
Latinx communities who live, work,
and shop in, and travel through,
Sebastopol.

This recommendation has been implemented. The Department employs individuals who are Spanish language and culturally fluent (approx. 45%).

Also, the Department’s current recruitment/job description states that Spanish language ability is highly desirable. Completed
Continue to employee diverse
personnel
Completed with
existing personnel
who were hired in
years past
18 The Chief should hold regular
community meetings with Sebastopol
area community organizations to gather
input and share information on the
Department’s policing philosophies and
strategies.

The Department has reviewed and implemented this recommendation. To date, four (4) community meetings with Department leadership have been held and more community meetings will come. Completed
Continuation of community
meetings
Completed 1st and
2nd Quarters of
2021
Internal Affairs Investigations System
19 The Department should eliminate the
category of “informal” complaint from
its complaint investigation process.

Policy 1007 has been revised and a new Department complaint form has been developed. See Policy 1007.3.1 and 1007.5.1(a). Informal no longer means it will not be investigated.

Completed
Continuation of this process to
adapt to best practices
Completed 1st
Quarter of 2021
20 The Department should eliminate
warnings on its complaint forms and
instructions to complainants about
possible consequences of filing a false
complaint against an employee.

A new Department complaint form has been developed and implemented.

Completed
Continued review and
assessment for any edits as
needed
Completed 2nd
Quarter of 2021
21 The Department should eliminate from
its complaint forms and instructions
any notice to complainants about
possible public disclosure of their name
and contact information.

A new Department complaint form has been developed.

Completed
Continued review and
assessment for any edits as
needed
Completed 2nd
Quarter of 2021
22 SPD should investigate all complaints
lodged with the Department and reach a
finding on all allegations of that
complaint, regardless of whether
internally generated or filed by a
community member, and regardless of
The Department has reviewed and implemented this recommendation.

Completed
Continuation of the current
process
Completed 1st
Quarter of 2021
Agenda Item Number 15 Agenda Item Number 15
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whether a complainant agrees to
categorize the complaint as formal or
informal.
23 SPD should fully document all
investigations, regardless of outcome
and regardless of how they originated.

Documentation of each complaint is now retained and tracked.

Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
24 SPD should preserve all complaint
investigation files for the 5-year period
required by state statute, regardless of
how they originated.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 4th
Quarter of 2020
25 SPD should provide complainants with
a written notice of findings for any
complaint filed by a community
member.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
26 Once a complaint is lodged, SPD
should complete the investigation of
that complaint, regardless of whether
the investigator considers it to lack
merit and regardless of whether the
complainant later decides not to pursue
that complaint.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
27 SPD should investigate all allegations
of every complaint.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 4th
Quarter of 2020
28 SPD should secure and analyze all
evidence material to a complaint
investigation, including interviews of
all material witnesses to a complaint, as
well as all records of any kind that
could affect the outcome of the
investigation. Every complaint should
include an interview of the complainant
and the subject officer, absent
unavoidable reasons that prevent such
interviews.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 4th
Quarter of 2020
29 SPD should conduct all investigative
interviews by using neutral, open-ended
questioning of interview subjects,
designed to elicit all relevant
information known to the interviewee.

Avoid either hostile or leading
questions, absent extraordinary
circumstances.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
30 The Department should ensure that
disciplinary consequences for sustained
findings of misconduct are consistent
across similar circumstances for all
officers, without regard to personal or
professional alliances among
Department employees and/or officials.

Consider implementing a disciplinary
matrix to provide greater predictability
and consistency in discipline.

The Department maintains Policy 1007, Personnel Complaints, which details some disciplinary procedures. The Department will review this recommendation and make additional changes if necessary. The Department must keep in mind that factors outside of the investigation may influence disciplinary action imposed on an officer. Specifically, the Department must discipline officers in a progressive manner. The Department will ensure that personal and/or professional alliances will not influence disciplinary decisions.

Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
Agenda Item Number 15 Agenda Item Number 15
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31 SPD should implement a conflict-ofinterest policy that prohibits any officer or Department official from acting in an
investigative or decision-making role
for any IA investigation that may
implicate their personal or professional
interests.

The Department has reviewed and revised Policy 1007, Personnel Complaints, which prohibits the immediate supervisor from serving as the investigator of a complaint if he/she was involved in the incident or the ultimate-decision maker on the matter. The Department will review the policy further to determine whether additional changes can and/or should be made. After further review, Policy 1007 appropriately addresses conflicts-of-interests. Additionally, if a conflict-of-interest is identified and no supervisor within the Department falls outside the conflict-of-interest parameters, the IA will be assigned to an investigator outside of the Department.

Completed
Continuation of the current
process. Additionally, if a
conflict-of-interest is identified
and no supervisor within the
Department falls outside the
conflict-of-interest parameters,
the IA will be assigned to an
investigator outside of the
Department.

Completed 4th
Quarter of 2021
32 SPD should consider outsourcing IA
investigations to a highly trained and
experienced civilian investigator, in
order to provide neutrality, eliminate
actual and perceived conflicts of
interest, and to provide the public
greater confidence that such
investigations are objectively
conducted.

The Department has review and will outsource IA investigations, when necessary, to ensure neutrality, eliminate actual and perceived conflicts or interests.

Completed
Continuation of the current
process.

Completed 4th
Quarter of 2020
33 The Department should make
complaint notification letters as specific
and personal to recipients as possible.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
34 The Department should share with the
public on its website information about
complaints and internal investigations,
including the nature of the allegations,
and the outcomes of investigations.

Providing more openness in this area
helps increase public trust and
strengthen community relationships.

This same transparency should also
exist around data on uses of force.

The Department has reviewed and is working to implement this recommendation. The Department website has been updated with this information under the Transparency and Department Data page.

Completed
The SPD website was updated
with this information and is
reflected on the Transparency
and Department Data page.

Completed 1st
Quarter of 2022
35 SPD should develop written internal
deadlines to complete an investigation
and review process and require
supervisory approval for deviation from
those deadlines.

The Department has adopted a 60-day completion deadline by the investigator, and 120 days to close out and investigation, barring any unforeseen or unusual circumstances. Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
36 The Department should evaluate its
individual misconduct investigations to
ensure that all relevant issues are
identified and pursued to a reasonable
extent, including a written standard
requiring formal interviews with
witness officers.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
37 SPD should evaluate its levels of
discipline for sustained policy
violations to ensure that the proper
amount of remediation is occurring.

The Department has reviewed and implemented this recommendation Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021
38 The Department should consider
simplifying the employee appeal
process for imposition of discipline.

This could include eliminating appeal
steps in the process. It also could
include creating a presumption that the
Such action will require negotiations with SPOA during their MOU negotiations.

Completed
Action will require negotiations
with the SPOA during their
MOU negotiations.

N/A
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Chief’s decision is correct and valid,
absent evidence of bias or bad faith.

Use of Force Reporting and Review
39 The Department should institute a
formal Use of Force Reporting System,
which should include mandatory,
timely reporting of every use of force
by an officer on a reporting form that
includes robust data collection. Every
reported use of force should be
evaluated by a supervisor for
compliance with agency policy, and
where a policy violation is indicated, a
full investigation should follow.

The Department maintains Policy 300.8, Reporting the Use of Force, which requires prompt, complete, and accurate reports of use of force. The Department developed a Use of Force report form to collect related data via the form on an on-going basis. All uses of force are now being tracked and reviewed by a supervisor and Use of Force Review Panel.

Completed
Continued review and
assessment for any changes as
needed
Completed 3rd
Quarter of 2021
40 SPD should broaden its definition of
“force” in its use of force policy to
include all actions considered force
under Fourth Amendment case law and
to capture those employee actions that
are correlated with escalation of force.

The Department maintains Policy 300 Use of Force. The Department revised the policy to more thoroughly define the term “force.” The department issued a Notice of Operational Change (NOC) that defines Use of Force as "any level of physical force employed by an officer beyond that which is necessary to handcuff a compliant subject." The NOC explicitly states "the direct and intentional pointing of a firearm at a person(s)" shall be documented as a use of force.

Completed
Continued review and
assessment for any changes as
needed
Completed 3rd
Quarter of 2021
41 The Department should consider
creating a use of force review panel
process for significant uses of force by
employees, in order to study and learn
from such incidents how to better avoid
force and to resolve incidents at the
lowest possible level of force.

The Department developed a Use of Force report form and will collect related data. The Department has implemented a Use of Force Review Panel and process for all uses of force.

Completed
Continued review and
assessment for any changes as
needed
Completed 3rd
Quarter of 2021
Critical Incident Response Policies 42
SPD should adopt a policy to guide its
interactions with families of victims
killed by officers, including the
designation and training of an SPD
employee as a “family liaison” during
such incidents.

Customer Service is one of the themes that was implemented with the Supervisors' Notes. It is also a theme within our Mission, Vision, and Core Values Statements. Pursuant to the Sonoma County Critical Incident Protocol and SPD Policy 305, the Rohnert Park Department of Public Safety, the Petaluma Police Department, the Santa Rosa Police Department, the Sonoma County Sheriff’s Department, and in some cases, CHP or the Sonoma County District Attorney’s Office can be a lead agency. There is no provision for SPD to be a lead agency. Resources are already in place to assist victims’ family members, including the DA’s victim advocates.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2021
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43 SPD should adopt a policy to guide its
interactions with community groups
during such incidents, including an
emphasis on the Chief holding timely
community meetings and sharing as
much information as possible with the
public.

The Department will assess this recommendation for possible addition to Policy 305, Officer Involved Shootings and Deaths. it is already the practice of SPD management to provide timely press releases related to incidents of public interest, including officer involved deaths. However, this information sharing is subject to the restrictions outlined in SPD Policy #305.10, which states, “Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation.”
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2021
44 The Department should adopt a policy
to guide its transparency efforts during
officer involved deaths of community
members, including releasing video as
quickly as possible and ensuring that all
information provided by SPD is as
accurate and complete and timely as
possible.

The Department will assess this recommendation for possible addition to Policy 305, Officer Involved Shootings and Deaths. 1. SPD transparency efforts are already guided, including the release of BWC footage as “quickly as possible,” by SPD Policy 305.8, which states, “Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney’s Office, as appropriate.”
In order to comply with this policy section, the wording in Recommendation 44 of, “as quickly as possible,” shall be construed to mean as quickly as investigatively prudent with the highest priority given to the integrity of the investigation.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2021
45 SPD should adopt a policy to support
and protect officers involved in the
death of a community member,
recognizing that the trauma involved in
such an incident can significantly
impact such employees.

The Department maintains Policy 305, Officer Involved Shootings and Deaths, which relates to the investigation of an officer-involved shooting. SPD Policy and the California Peace Officers’ Bill of Rights (Government Code §§ 3300 et seq.) currently provide both support and protection to Officers involved in the death of a person.

For example, SPD Policy 305.5.5 states, in part, the following:
- “Any request for legal or union representation will be accommodated.” - “A licensed psychotherapist shall be provided by the department to each involved Sebastopol officer.”
- “Each involved Sebastopol officer shall be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Lieutenant to make schedule adjustments to accommodate such leave.”
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2021
SPD Use of Force Policies
46 The Sebastopol Police Department’s
Use of Force Policy should consider
including the following principles:

See the below associated sub-recommendations

46.1 The UOF policy should be founded on
and strongly emphasize a robust
Sanctity of Life Statement affirming the
value of all human life, the inherent
dignity of all persons, and an officer’s
duty to uphold citizens’ civil and
constitutional rights. The emphasis
should be on the welfare of the
The Department maintains Policy 300.5, Use of Force - Policy Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
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community and the corresponding and
related physical and emotional wellbeing of the officers who serve them.

46.2 The policy should emphasize deescalation as an approach to any potential use of force incident. It should
include a clear definition of deescalation principles and practices, including the use of time and distance
and tone of voice to de-escalate a
potentially volatile interaction, and a
requirement to use de-escalation
techniques whenever feasible. As used
in this context, de-escalation should be
distinguished from the use of less-lethal
force to avoid more lethal force.

The Department maintains Policy 300.5.1, Alternative Tactics - De-Escalation Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.3 The policy should provide that any
force used be proportional to the
situation calling for its use. For
example, non-compliance with an
officer’s lawful order may justify a
lower level of force than actions that
threaten others.

The Department maintains Policy 300.6, Use of Force
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.4 The policy should provide that any
force used must be objectively
reasonable and the minimal amount
necessary to accomplish a lawful
policing objective (see California Penal
Code Section 835a; Graham v. Connor
(1989) 490 US 386).

The Department maintains Policy 300.6, Use of Force
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.5 The policy should consider defining
“necessary” as it applies to force, as
meaning that a lower level of force
would not have achieved the lawful
objective in question.

The Department has reviewed and believes "necessary" is self-explanatory and does not need a greater definition
Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

46.6 The policy should provide that, overall,
force used by the department should
comply with principles of fair and
unbiased policing, so that there is no
disparate percentage of instances of
force used against any demographic
category of persons under similar
circumstances.

The Department maintains Policy 300.5.1, Fair and Unbiased Use of Force Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.7 The policy should provide that officers
should give a verbal warning whenever
feasible before using force.

The Department maintains Policy 423.7, Use of Force
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.8 The policy should provide that officers
must continually re-assess the situation
to evaluate the necessity of force or
continued need for force as
circumstances change.

The Department maintains Policy 300.6, Use of Force
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 15 of 29 ends

46.9 Special consideration should be given
in both policy and training for
vulnerable populations, including those
for whom there is evidence or suspicion
of mental/emotional/behavioral health
challenges, those under the influence of
drugs or alcohol, pregnant women, the
elderly, those who are cognitively
divergent, and the young.

The Department maintains Policy 300.6.3, Factors Used to Determine the Reasonableness of Force
Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

46.10 There should be an emphasis on Crisis
Intervention Training and support for
mental health professionals handling
such situations whenever possible and
appropriate. The policy should provide
that a sworn law enforcement officer
generally should not be the first
responder to a situation involving a
mental health issue, absent evidence to
suggest a threat of violence to self or
others.

The Department maintains Policy 300.6.1, Alternative Tactics - De-Escalation and Policy 408.10, Training. The Department is currently working with a consultant to determine if a CAHOOTS-type model would be beneficial and practical in Sebastopol, and the City has contracted with West County Community Services for alternative services to be provided to our vulnerable communities within the City. Currently, the Department utilizes the Sonoma County Mobile Support Team (MST) in combination with SPD personnel for those suffering from mental health crises who are willing to use the MST services.

Continual
Continued review and
assessment for any changes as
needed. The
Departmentreceived the
CAHOOTS study, but was
determined to be too costly.

The Department has spoken
with SRPD and will wait for
their inRESPONSE program to
be better established so we can
determine if we can work
collaboratively with them to
respond to Sebastopol
On going

46.11 Officer training under the use of force
policy should emphasize increased
reliance on good communication skills
to minimize escalation of emotional
reactivity and the need for use of force.

The Department maintains Policy 300.5.1, Alternative Tactics - De-Escalation.

Department personnel receive training related to communication at a minimum of every two years. Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.12 The policy should include restrictions
on firing into moving vehicles unless
necessary to prevent imminent death or
serious bodily injury. Shooting at
fleeing felons unless required to
prevent imminent death or serious
bodily injury should be prohibited.

The Department maintains Policy 300.7.1, Shooting at or from Moving Vehicles.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.13 The policy should provide that Tasers
and similar electric conduction devices
should be considered potentially lethal
force options. There should be more
significant restrictions on the use of
Tasers on vulnerable populations, such
as those who may be under the
influence of drugs or alcohol, mentally
ill or impaired, overweight, or
obviously in poor health or infirm.

The Department maintains Policy 303.5.2, Special Deployment Considerations.

The Department has reviewed the policy in detail and concludes the current information provided in the policy follows best practices. To make this policy more restrictive would potentially create significant confusion for personnel and render the device unusable in many situations. Additionally, to render the Taser as "potentially lethal force" would create an environment that would render the use of the device only viable in a deadly force situation, which is unreasonable.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.14 Officers should be required to actively
intervene, and report uses of excessive
force through both policy and training.

The department should consider active
bystander training designed to
encourage an agency culture that
expects and welcomes officers to
intervene to prevent other officers from
taking action that may constitute
unnecessary force. This will help build
a teamwork culture and protect officers
and the public from unnecessary injury
The Department maintains Policy 300.5.2, Duty to Intercede Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 16 of 29 ends

and indignity and lower litigation risks
for the department.

46.15 The policy should require that all uses
of force be reported to supervisors in
writing by the officer who employed
force, that reports be reviewed by a
supervisor for compliance with policy
that same day (if possible), and the
records documenting such reports and
reviews be preserved for future review.

The Department maintains Policy 300.8, Reporting the Use of Force Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.16 The policy should require that
evaluation of use of force incidents
include whether the officer exhausted
all other reasonable alternatives before
resorting to force, as well as whether
de-escalation techniques were
reasonable and employed.

The Department has reviewed Policy 300 - Use of Force Policy, which clearly states that force must be reasonable. De-escalation techniques are emphasized within the Use of Force policy and are noted on the Use of Force report form.

All uses of force are now being tracked and reviewed by a supervisor and Use of Force Review Panel.

Completed
Continued review and
assessment for any changes as
needed
Completed 3rd
Quarter of 2021

46.17 The Department should employ a Use
of Force Reporting form to better track
all uses of force and reflect the
Department’s values.

The Department developed a tracking system for uses of force. All uses of force are now being tracked and reviewed by a supervisor and Use of Force Review Panel. Completed
Continued review and
assessment for any changes as
needed
Completed 3rd
Quarter of 2021

46.18 The Department should implement an
electronic database for all use of force
reporting and review to record and
publicly report data on all uses of force
by agency employees.

The Department implemented an electronic database for all use of force reporting, both in RIMS and through the use of MS Excel. Uses of force on actively tracked and undergo a thorough review process of a review panel, then the Lieutenant, then the Chief of Police. Once the Department's website redesign is complete, the intent is to provide use of force data publicly.

Completed
Continued review and
assessment for any changes as
needed
Completed 1st
Quarter of 2022

46.19 The use of force policy should more
specifically define what constitutes
force, including both a general
definition and an “including but not
limited to” list of examples of force.

Among the examples of force listed in
this definition should be any threat of
force by an officer against a community
member and any officer pointing a
weapon at a community member.

Completed
Continued review and
assessment for any changes as
needed
Completed 3rd
Quarter of 2021

46.20 The policy should provide that,
whenever an officer uses force, officers
will administer first aid at the scene, as
soon as possible, when needed.

The Department maintains Policy 300.9, Medical Consideration Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

46.21 The Department should develop metrics
for tracking and public reporting of use
of force incidents, include such metrics
in its UF tracking database, compile
such metrics into reports, and make
such reports easily and regularly
The Department implemented an electronic database for all use of force reporting, both in RIMS and through the use of MS Excel. Uses of force on actively tracked and undergo a thorough review process of a review panel, then the Lieutenant, then the Chief of Police. The Department's updated websitenow provides use of force data that can be publicly viewed under the Transparency and Department Data page.

Completed
The SPD website was updated
with this information and is
reflected on the Transparency
and Department Data page.

Completed 1st
Quarter of 2022
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 17 of 29 ends

available on the department’s public
website.

46.22 The SPD should increase and
implement robust training necessary to
support these core guidelines, including
but not limited to de-escalation training,
implicit bias training, communications
training, and scenario-based training.

The Department provides legislatively and POST-mandated training to sworn personnel in regards to use of force, arrest and control, and communications.

Though more robust training is desired by the Department, budgetary and staffing constraints are a hinderance. The Field Training Program (FTP) contains several sections related to de-escalation training. In 2021, officers completed a 2-hour online webinar through National Conflict Resolution Center (NCRC), regarding Tactical Communications, which included deescalation training. POST offers a no-cost 2-hour Tactical Communications training and several no-cost webinar courses related to de-escalation training.

The FTP contains a section related to cultural diversity and biases Additionally, POST offers additional training related to implicit biases. The current FTP contains several sections related to communications training.

Every section of the FTP contains competency under scenario testing.

Completed
Continued review and
assessment with the intent to
create greater training
opportunities for personnel.

Completed 4th
Quarter of 2021

46.23 SPD should carefully train dispatchers
in the importance of verifying and
accurately reporting all information that
may or may not suggest a threat is
present in any incident to which an
officer is asked to respond. Dispatch
information can be the critical factor in
whether an officer responds to a call for
service in a way that makes it likely
that the officer may employ force.

Dispatchers should be trained to
understand that the safety of the public
is as important as the safety of a
responding officer and that their actions
may help determine whether force is
used appropriately in response to the
situation. Every Department review of
any use of force by an officer should
consider the role of dispatch in shaping
the officer’s perceptions.

All dispatchers attend a POST Public Safety Dispatcher's Basic Course where they receive the training recommended in this report. Additionally, dispatchers receive 24 hours of continuing professional training during each two-year POST training cycle that addresses this recommendation.

Completed
Continued review and
assessment with the intent to
create greater training
opportunities for personnel.

Completed with
existing personnel
upon hiring and
continued
education/training
during their
employment

46.24 In particular, where a call for service
identifies a “suspicious” individual as
presenting some danger and they are a
part of a disadvantaged group (such as
a racial, ethnic, or religious minority),
dispatchers should be trained to seek an
objective basis for such claims from the
reporting party. The dispatcher should
then report accurately to the responding
officer the information they gather
All dispatchers attend a POST Public Safety Dispatcher's Basic Course where they receive the training recommended in this report. Dispatchers receive 24 hours of continuing professional training during each two-year POST training cycle. Additionally, dispatchers receive more training in this regard during their communications training program. Completed
Continued review and
assessment with the intent to
create greater training
opportunities for personnel.

Completed with
existing personnel
upon hiring and
continued
education/training
during their
employment
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 18 of 29 ends

through such inquiries. Where there
appears to be no objective basis for
concern about the suspect, the
dispatcher should communicate this to
the responding officer.

46.25 The Department should monitor and
analyze use of force incidents, and
establish an electronic, early
intervention program to target officers
at risk of using excessive force.

The Department developed a tracking system for uses of force. All uses of force are now being tracked and reviewed by a supervisor and Use of Force Review Panel. Use of force incidents and early intervention tracking is accomplished through the implemented tracking system.

Completed
Continuation of the current
process.

Completed 3rd
Quarter of 2021

46.26 SPD should partner with an
independent, civilian oversight partner
to analyze use of force data, seeking
relevant opportunities to decrease use
of force incidents.

The Department has reviewed and concludes that the few uses of force that occur each year are reviewed critically and objectively through a layered review process that meets the intent of this recommendation. Completed Continuation of the current
process.

Completed 2nd
Quarter of 2021

46.27 SPD should emphasize officer health
and wellness, providing officers with a
mental/emotional health support
infrastructure for those experiencing
traumatic incidents and stressful work
and life situations.

The Department maintains Policy 305.9, Debriefing. The Department does emphasize health and wellness for all personnel. The Department and City provides personnel with accessible support options to address any health and wellness needs. Completed
Continuation of the current
process.

Completed 4th
Quarter of 2020

46.28 The department should consider the
benefits of a “trauma-informed
policing” approach, both for its officers
and the community members they
encounter during incidents. Training to
understand and accommodate the
effects of trauma on both officers’ and
community members’ emotional and
cognitive abilities has great potential to
increase positive outcomes and avoid
the use of force.

The following has been included in the Training & Employee Career Development Guide: "As much as possible, approved training should increase and implement non-traditional, robust training necessary to support the department core guidelines, including but not limited to de-escalation training, implicit bias training, communications training, scenario-based training and take into consideration the benefits of a “trauma-informed policing” approach, both for its officers and the community members they encounter during incidents. Training to understand and accommodate the effects of trauma on both officers’ and community members’ emotional and cognitive abilities has great potential to increase positive outcomes and avoid the use of force." The Department will continue to look for opportunities for our personnel to receive trauma-informed training.

In progress
Continued assessment of
training options and availability
in an effort to develop broader
perspectives.

Completed 1st
Quarter of 2022
SPD Bias Free Policing Policies
47 SPD’s Bias Free Policing Policy should
consider including the following
principles:

See the below associated sub-recommendations

47.1 The Department should be clear in its
policy by including a definition of
biased policing and a statement on the
limited circumstances in which
characteristics of individuals may be
considered in policing decisions.

The Department maintains Policy 401, Bias Based Policing - Sonoma County Protocol. The Department maintains Policy 402, Racial/Bias Profiling Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

47.2 The Department should make clear in
policy that a violation of the Bias Free
Policing Policy is a serious matter
justifying significant discipline.

The Department maintains Policy 401, Bias Based Policing - Sonoma County Protocol. The Department maintains Policy 402, Racial/Bias Profiling Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 19 of 29 ends

47.3 The Department should consider
committing the agency to an anti-racist
philosophy that seeks to counter the
influences of racism in society,
generally.

The Department maintains Policy 401, Bias Based Policing - Sonoma County Protocol, and Policy 402, Racial/Bias Profiling, which both clearly state bias based on race and more will not be tolerated. Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

47.4 The Department should consider
providing specific examples in its
policy where bias in policing may arise,
such as decisions to search a person or
a vehicle, and explain that such
practices are not allowed.

The Department has reviewed this recommendation and concludes that Policy 401 and 402 clearly state expectations
Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

47.5 The policy should include a mandate
that officers intervene when they see an
example of biased policing and report
any observed violation of the policy.

The Department maintains Policy 401, Bias Based Policing - Sonoma County Protocol. The Department maintains Policy 402, Racial/Bias Profiling. Both policies state "It is the responsibility of Sonoma County law enforcement/every member of this department to prevent, report, and respond appropriately to clear discriminatory or biased practices Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

47.6 The Department should collect and
analyze data on all stops, including
robust demographic information, and
share analyses of that data with the
public in regular reports.

The Department finalized the data collection mechanism to meet the requirements of AB953, The Racial and Identity Profiling Act of 2015, known as RIPA. RIPA test data collection began 10/15/21 and was being submitted on a testing basis. Final implementation began on 1/1/21. Though SPD is submitting RIPA data, RIPA data will not be published by the DOJ until January 2023. Information about RIPA data and links to view RIPA data are on the Department's website under the Transparency and Department Data page.

Completed
The SPD website was updated
with this information and is
reflected on the Transparency
and Department Data page.

Completed 1st
Quarter of 2022

47.7 The Department should incorporate
racial disparity data in early warning
systems that indicate issues that could
cause additional training or closer
evaluation of officer conduct.

The Department finalized the data collection mechanism to meet the requirements of AB953, The Racial and Identity Profiling Act of 2015, known as RIPA. RIPA test data collection began 10/15/21 and was being submitted on a testing basis. Final implementation began on 1/1/21. RIPA data is continually reviewed for disparity issues and actively used as an early warning system. Though SPD is submitting RIPA data, RIPA data will not be published by the DOJ until January 2023. Information about RIPA data and links to view RIPA data are on the Department's website under the Transparency and Department Data page.

Completed
RIPA data is continually
reviewed for disparity issues
and actively used as an early
warning system.

Completed 1st
Quarter of 2022

47.8 The policy should address agency
employee responses to observed bias
from reporting parties during calls for
service or enforcement actions.

The Department has reviewed this recommendation and concludes that Policy 401 and 402 clearly state expectations of personnel. Personnel participate in recurring communications training that incorporates bias and how to respond appropriately to calls for service and reporting parties as it relates to bias. Completed Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021
SPD Policies on Policing of First
Amendment Demonstrations
48 SPD should consider adopting a policy
to guide policing of public
demonstrations that includes the
following guiding principles:

See the below associated sub-recommendations

48.1 A clear commitment to prioritize the
protection of the First Amendment
Rights of demonstrators to assemble
and express themselves in public spaces
freely;
The Department maintains Policy 423, First Amendment Assemblies.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 20 of 29 ends

48.2 A prioritization of de-escalation as a
core approach to effective crowd
management;
The Department maintains Policy 423, First Amendment Assemblies, which states information should be obtained by group organizers and/or leaders. In order to gather information from group organizers and/or leaders, it must be done in a de-escalative way that creates a relationship for information to be shared.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.3 A limitation on force in such
circumstances to circumstances where
it is both necessary and unavoidable to
avoid harm to others or destruction of
property;
The Department maintains Policy 423, First Amendment Assemblies, which has a specific section related to uses of force.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.4 Limits on the amount of force that
officers may use to prevent the
destruction of property;
The Department maintains Policy 423, First Amendment Assemblies, which has a specific section related to uses of force and a reasonable response which is determined by the Incident Commander.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.5 A prohibition on the use of kinetic
weapon projectiles into a crowd for any
purpose.

The Department maintains Policy 423, First Amendment Assemblies, which has a specific section related to uses of force and a reasonable response which is determined by the Incident Commander. The Department has reviewed this recommendation and concludes that prohibition of kinetic weapons projectiles into a crowd for "any purpose" is not reasonable or realistic. Each instance must be assessed on an individual basis and dynamic events, such as demonstrations, should not preclude the use of resources that may prevent injury or death to personnel or people.

Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

48.6 A ban on the use of tear gas to control
groups or individuals who do not pose
any immediate threat of serious harm to
other persons;
The Department maintains Policy 300, Use of Force and Policy 423, First Amendment Assemblies, both of which have statements related to properly employing use of force techniques in response to resistance. Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.7 A prohibition on “kettling”, where
police officers box in or guide
demonstrators to an area that has no
egress;
The Department has reviewed this recommendation and concludes this is not a practice used by SPD, nor could it be used by SPD based on the SPD personnel-to-demonstrating persons ratio. Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

48.8 Ensuring that an officer of the rank of
Lieutenant or above is present to review
& respond in real-time to any serious
use of force by an officer during a
demonstration;
The Department has reviewed this recommendation and concludes this is the current practice. Because of the size of the Department and though extremely rare, there may be times when a Lieutenant or above is not initially present but will be present at some point.

Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

48.9 A prohibition on mass arrests; limiting
arrests to individuals for which
probable cause exists to justify an
arrest;
The Department has reviewed this recommendation and concludes this is the current practice. Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

48.10 A prohibition on the use of obscene,
insulting, or disrespectful gestures or
language by police officers toward
anyone present at a demonstration;
The Department maintains Policy 320, Standards of Conduct, which applies to everyone in all settings. Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.11 Limits on crowd dispersal to
circumstances that create an immediate
threat to public safety, or where
widespread violence or property
destruction reasonably appears
imminent;
The Department maintains Policy 423.6, First Amendment Assemblies - Unlawful Assembly Dispersal Orders, which clearly states that public safety is presently or is about to be jeopardized. Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 21 of 29 ends

48.12 A requirement that orders to disperse be
delivered in such a manner that they are
audible to an entire crowd and are
repeated (if possible), before efforts to
enforce the dispersal order; include
avenues to disperse in the
announcement of the dispersal order;
The Department maintains Policy 423.6, First Amendment Assemblies - Unlawful Assembly Dispersal Orders, which states all information in this recommendation.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.13 A requirement that police officers
involved in the protest policing wear
name tags and badges with their officer
numbers visible;
The Department maintains Policy 1020.4, Uniform Regulations - Insignia and Patches, which clearly states "a regulation nameplate, or authorized sewn on cloth nameplate, shall be worn at all time while in uniform." The Department has reviewed the recommendation as it relates to the "officer number visible" and concludes it is not necessary in a department of this size.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.14 Explicit protections for members of the
crowd to audio and video record or
observe the demonstration at all times;
and
The Department has reviewed this recommendation and concludes that the law already protects those who exercise their right to record demonstrations.

Additionally, the Department maintains Policy 423, First Amendment Assemblies, which provides policy related to non-violent demonstrations which includes passive observers.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

48.15 Ensuring in advance that mutual aid
agreements between responding police
agencies clearly specify what policies
and training govern policing of any
protest.

The Department has reviewed this recommendation and concludes it has been completed.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
SPD Policies and Practices Related to
Immigrants
49 SPD should consider adopting an
Immigration/ Immigrant Policy that
includes the following principles:

See the below associated sub-recommendations

49.1 Include immigrants as a group
characteristic protected by the
Department’s Bias-Free Policing
Policy.

The Department maintains Policy 401, Bias Based Policing - Sonoma County Protocol. The Department maintains Policy 402, Racial/Bias Profiling Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

49.2 Prohibit SPD officers from taking any
enforcement action based on actual or
perceived immigration status; asking
people about their immigration status;
or assisting with a civil immigration
enforcement action.

The Department maintains Policy, 411.4, Immigration Violations - Immigration Inquiries Prohibited
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

49.3 Guarantee language access in
interactions with immigrant community
members who have limited English
proficiency, including seeking
partnerships with community
organizations trusted by immigrant
community members, acting as
culturally proficient translation
providers for law enforcement
interactions.

The Department maintains Policy 334, Limited English Proficiency Services Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

49.4 Provide cultural sensitivity training to
officers and dispatchers to better assist
them in the effective performance of
their duties with immigrant community
members and others whose cultures
may not be as familiar to them.

The Department has reviewed this recommendation and concludes personnel receive cultural sensitivity training, including immigrant communities, on a recurring basis as required by POST and legislation. Completed Continued review and
assessment for any changes as
needed
Completed 1st
Quarter of 2021
Agenda Item Number 15 Agenda Item Number 15
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Page 22 of 29 ends

49.5 Prohibit sharing personal information
about immigrant community members
in the custody and control of SPD with
federal authorities that could be used
for civil immigration enforcement.

The Department maintains Policy 411.7, Immigration Violations - Information Sharing.

Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

49.6 Prohibit participation by SPD officers
in federal enforcement actions related
to civil immigration laws.

The Department maintains Policy 411.7, Immigration Violations - Information Sharing. Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

49.7 Conduct regular departmental outreach
and engagement to immigrant
communities whose members may
work or reside in or travel through
Sebastopol.

The Department will review to determine how best to accomplish this recommendation. An option for outreach that will be explored, as staffing allows, is having officers with fluency in Spanish create engagement opportunities with our Hispanic community members (Florence Avenue Apartments, as an example). After discussion with the Department supervisors, SPD will return to department-hosted BBQs and similar events in underrepresented areas of the City (3 BBQ events for 2022 are in the planning stages). These events will carry forward to the coming years and may result in additional events to increase community engagement in our underrepresented communities.

Continual
Continued outreach and
engagement
On going
SPD Youth Specific Policies and
Practices
50 SPD should consider adopting a policy
governing Interactions with Youth that
includes the following principles:

See the below associated sub-recommendations

50.1 Recognize that youth cannot fully
understand complicated legal issues and
admonitions during police interactions,
and therefore require that
communications with a youth witness
or suspect must include their parent or
guardian, absent an emergency that
requires immediate action.

The Department maintains Policy 311, Temporary Custody of Juveniles, which details communications requirements as it relates to the juvenile and their parent(s).

Completed
Continued review and
assessment how to best
accomplish
Completed 4th
Quarter of 2020

50.2 Where a police officer must provide
admonitions such as Miranda warnings
to a minor, consider translating such
warnings into simpler language more
understandable to a young mind, in
addition to providing the full warning
in writing.

The Department maintains Policy 311, Temporary Custody of Juveniles, which details communications requirements as it relates to the juvenile and Miranda warnings.

Completed
Continued review and
assessment how to best
accomplish
Completed 4th
Quarter of 2020

50.3 Recognizing the implications of the
young brain’s cognitive development
and where possible and advisable,
utilize restorative justice principles and
approaches to resolve enforcement
actions that involve youth.

As a matter of routine, in regard to youth offenders, it has been the procedure of the Department to seek to resolve enforcement issues effectively, with the least possible negative, yet effective, impact on the offender. This is accomplished through warnings, referring matters to schools when appropriate, written citations, and, when warranted, physical arrest and booking at the juvenile detention center. Physical arrest and booking is by far the least utilized course of action. In all cases, parents or guardians are notified, frequently before any of the above actions are taken, so as to provide input on their thoughts on the most effective course of action that would resolve the issue and provide a restorative justice option.

Completed
Continued review and
assessment how to best
accomplish
Completed 4th
Quarter of 2021
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 23 of 29 ends

SPD Accountability Systems Policies
and Practices
51 SPD should consider adopting a Policy
on Internal Affairs Investigation that
includes the following principles:

See the below associated sub-recommendations

51.1 An investigator should make every
reasonable effort to interview every
complainant, both to ensure that the
investigator understands fully the
nature of the complaint and the
complainant’s view of the available
evidence, as well as to convey to the
complainant that the agency takes all
complaints of employee misconduct
seriously.

51.2 Additionally, an investigator should
interview all subject employees and
employee witnesses named in a
complaint.

51.3 Where possible, the investigator also
should interview at least one third-party
witness outside SPD in any
investigation involving serious
allegations, such as excessive force,
racial bias, etc.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses interviewing all witnesses Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

51.4 Regardless of the alleged misconduct’s
seriousness, the investigator should
interview all witnesses with
information material to the
investigation.

51.5 When interviews are conducted, the
investigator should ensure they are
digitally recorded and secured to
preserve an exact interview record for
subsequent review by agency
supervisors and any independent
reviewer.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses this specific recommendation Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 24 of 29 ends

51.6 The Department should improve its
documentation of interviews by moving
from digital sound recording, which is
usually currently employed, to digital
video recording with both sound and
visual information that the investigator,
supervisors, and any independent
reviewer can review.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses the digital recording of interviews. At this time, the Department does not have the capability of recording interviews by any means other than body worn camera, which is not always useful. Additionally, the Department does not have the budget that will allow for a system to purchased as indicated in this recommendation. As a result, recording of interviews will continue to be done with the use of body worn cameras or a portable recording device.

Completed
Continued review and
assessment to determine best
practices/possible options
Completed 4th
Quarter of 2021

51.7 The Department should carefully
preserve all documentary and video
evidence that may play a role in any
future investigation, with a clear chain
of custody showing when and if it has
been viewed or in possession of any
agency employee.

The Department maintains Policy 1007., Personnel Complaints - Administrative Investigations and City of Sebastopol Resolution 2021-6329 (Records Retention Policy) address the retention of such records.

Completed
Continuation of the current
process.

Completed 1st
Quarter of 2021

51.8 Investigators should quickly secure any
third-party evidence identified by the
complainant or other witnesses or any
evidence otherwise identified during
the investigation.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations
Completed
Continuation of the current
process.

Completed 4th
Quarter of 2020

51.9 Each investigation should include the
following information about any
employee: a.) previous complaints
filed, b.) previous administrative
investigations and outcomes, c.)
performance evaluations,
commendations awarded and/or
discipline imposed and why, and d.)
information related to an employee’s
inclusion on the agency’s Brady list,
including any investigative or
complaint file associated with that
inclusion. This information should be
considered and weighed carefully by
the investigator, especially where the
credibility of witness statements could
influence the outcome of investigative
findings.

The Department has reviewed this recommendation and concludes that best practice is for each investigation to stand on its own merits with supporting evidence and documentation related to the specific complaint. Information to be considered in this recommendation can only be used in the disciplinary process when applicable and cannot be considered in other investigations as it may potentially create bias and subjectivity during the objective investigation.

Completed
Continued review and
assessment to determine best
practices/possible options
Completed 4th
Quarter of 2021

51.10 Where policy requires body-worn
camera video to be recorded for
particular types of incidents, but
witnesses state that the video was not
recorded, the lack of such evidence
should be a separate subject of the
investigation. The investigation should
explore the reasons for the absence of
the video in some detail.

The Department maintains Policy 418, Body Worn Cameras, which states when/how body worn cameras are to be utilized
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

51.11 Each investigation should include a
thorough analysis of all allegations
made by the complainant
The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses this specific recommendation Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 25 of 29 ends

51.12 The Department should adopt a formal
written policy forbidding any
retaliatory acts by agency employees
against community members who file
complaints against, or provide evidence
in investigations of complaints against,
Department employees.

The Department maintains Policy 1007, Personnel Complaints, which sufficiently states the handling of personnel complaints. Additionally, the Department maintains Policy 320, Standards of Conduct, which sufficiently states the standards of conduct that is expected of SPD personnel. Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

51.13 The Department should include this
non-retaliation policy on its formal
complaint forms and any other written
materials that describe the complaint
process.

The Department has implemented a new complaint form that clearly states the complaint process and welcomes complaints from the public Completed
Continued review and
assessment for any changes as
needed
Completed 2nd
Quarter of 2021

51.14 SPD should adopt a formal Conflict of
Interest Policy to forbid involvement of
employees in any investigation that
involves a person or organization with
which the employee has a familial,
financial, and/or significant personal
relationship.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses this specific recommendation.

Additionally, this recommendation is a current practice of the current Department leadership Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

51.15 The Conflict-of-Interest Policy also
should forbid any employee from
involvement in the conduct or
management of any investigation in
which that employee is implicated as a
subject, supervisor, or witness, or if the
employee’s personal or professional
interests would be affected by the
outcome of the investigation.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses this specific recommendation.

Additionally, this recommendation is a current practice of the current Department leadership
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

51.16 When conducting witness and officer
interviews, investigators typically
should utilize open-ended questioning
(as opposed to leading or hostile
questions) and maintain a neutral
demeanor. The investigator should
encourage the witness to remember and
provide all of the information of which
they may be aware.

51.17 Investigators should undertake a full
analysis of factual evidence and should
consider and weigh all material
evidence, both for and against a
specific finding
The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses this specific recommendation Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

51.18 In addition, where the investigator
makes findings, the analysis should
reference any specific criteria of the
relevant policy and explain why the
evidence meets or does not meet that
criteria.

The Department maintains Policy 1007.6, Personnel Complaints - Administrative Investigations which addresses this specific recommendation Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
SPD Body-Worn Camera Policies and
Practices
52 SPD should consider adopting a BodyWorn Camera Policy that includes the following guiding principles:

See the below associated sub-recommendations

52.1 Define the overall purpose of bodyworn cameras (BWC) as providing an accurate video record of interactions
between police officers and the public,
without limited that purpose to
The Department maintains Policy 418, Body Worn Cameras, which addresses this recommendation
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 26 of 29 ends

collecting evidence for criminal or
administrative investigations.

52.2 Require officers to activate their BWC
at the moment it is clear that they will
interact with a member of the public in
any official capacity beyond a friend
greeting or casual conversation.

The Department maintains Policy 418.6, Body Worn Cameras - Activation of the Portable Recorder, which addresses this recommendation Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

52.3 Once activated, require officers to
maintain their BWC in an active state
until the officer’s participation in the
incident has ceased, including any
transport by the officer of a suspect to a
detention or medical facility.

52.4 Require officers to notify a member of
the public when they are being recorded
by the BWC, where possible given the
nature of the interaction.

The Department maintains Policy 418, Body Worn Cameras. The Department will review the policy to determine if the recommendation provided is needed and/or necessary. Policy 418.5, Body Worn Cameras - Member responsibilities, notes members are encouraged to advise private persons they are recording, and sufficiently fulfills this recommendation.

Completed
Continued review and
assessment to determine best
practices/possible options
Completed 4th
Quarter of 2021

52.5 Require an officer to report any
incident where they did not activate
their BWC in situations where the
policy required it and explain the
reason for such failure.

The Department maintains Policy 418, Body Worn Cameras. The Department will review the policy to determine if the recommendation provided is needed and/or necessary. Policy 418.6, Body Worn Cameras - Activation of the Portable Recorder, notes members are required to activate their body worn camera unless it meets one of the exceptions, which sufficiently fulfills this recommendation.

Completed
Continued review and
assessment to determine best
practices/possible options
Completed 4th
Quarter of 2021

52.6 Include in the policy a notice that the
failure to activate a BWC where
required, and without a reasonable
explanation for such failure, will result
in discipline.

The Department maintains Policy 418, Body Worn Cameras. The Department will review the policy to determine if the recommendation provided is needed and/or necessary. Any violation of policy is subject to an internal affairs investigation and discipline, which sufficiently fulfills this recommendation. Completed Continued review and
assessment to determine best
practices/possible options
Completed 4th
Quarter of 2021

52.7 Communicate to officers that a
violation of the BWC Policy will be
considered a serious violation deserving
of significant discipline.

The Department maintains Policy 418, Body Worn Cameras. The Department will review the policy to determine if the recommendation provided is needed and/or necessary. All violations of policy are considered serious and are assessed for disciplinary action accordingly. The seriousness of policy violations has been communicated by SPD Administration to SPD personnel and within this Policy Manual, which sufficiently fulfills this recommendation.

Completed
Continued review and
assessment to determine best
practices/possible options
Completed 4th
Quarter of 2021

52.8 Require that BWC video footage be
downloaded from BWC units as soon
as possible at the conclusion of a shift,
and clearly prohibit editing, erasing,
copying, sharing, altering, or
distributing recordings, except as
otherwise allowed by policy.

The Department maintains Policy 418.7, Body Worn Cameras - Prohibited Use of Body Worn Cameras and Policy 418.10, Body Worn Cameras - Request for Deletion of a Recording, which address this recommendation Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020

52.9 Clearly state the Department’s
commitment to transparency in the
release of BWC camera footage for
high-profile events at the earliest
opportunity that will not substantially
interfere with an open investigation.

The Department maintains Policy 418.9.1, Body Worn Cameras - Release of Audio/Video Recording and Policy 418.11, Body Worn Cameras - Critical Incidents. The Department has reviewed the current policy and concludes the policy language adequately addresses this recommendation Completed Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 27 of 29 ends

52.10 Clearly state the Department’s
commitment to protect the privacy of
members of the public recorded on
BWC video, to the extent reasonably
possible.

The Department maintains Policy 418.6.2, Body Worn Cameras - Cessation of Recording, which addresses this recommendation
Completed
Continued review and
assessment for any changes as
needed
Completed 4th
Quarter of 2020
Transparency and Community
Feedback Processes
53 The Department should enhance the
clarity and accessibility of its website in
terms of required information and
consider ways to further utilize it as a
vehicle for informing and engaging the
public.

The Department has updated its website and will continually review and assess the website to provide enhanced clarity, accessibility, and transparency Completed
The SPD website was updated
and provides enhanced clarity,
accessibility, and transparency
Complete 1st
Quarter of 2022
54 SPD should engage community
members at the interview stage of its
hiring and promotional processes.

The Department has reviewed and implemented this recommendation.

Recently, including a Police Officer hiring process and Sergeant promotional process, community members participated in the processes. It is the Department's intent to continue fulfilling this recommendation Completed
Continuation of the current
process
Completed 4th
Quarter of 2020 and
1st Quarter of 2021
55 SPD should seek out and implement
additional processes to gather feedback
from the broader Sebastopol
community concerning the
Department’s operations and values.

The Department began using the Openpolicing.org platform to solicit timely feedback from persons interacting with SPD personnel by phone, email, and in person. Those interacted with by SPD personnel in every interaction, when practicable, are provided a QR code and/or website that allows the person(s) to provide timely feedback about the interaction as it relates to the four principles of procedural justice (respect, fairness, voice, and trustworthiness). Other entities who SPD personnel engage with are routinely asked for feedback about the Department operations and performance of SPD personnel, such as the Sonoma County DA's Office, community advocates, businesses, etc.

Additionally, the SPD website has a Transparency and Department Data section where the Openpolicing.org information and feedback and department data can be found. Finally, in that same website section, policy proposals and changes are posted to allow the entire community to provide feedback before implementation occurs.

Completed
The SPD website was updated
and provides enhanced
accessibility and allows for
community feedback.

Completed 1st
Quarter of 2022
56 SPD should create a feedback loop for
its criminal justice and social service
partner regarding the performance of its
employees and the Department as a
whole.

Completed
Continued review and
assessment to determine best
practices/possible options
Completed 1st
Quarter of 2022
Independent Civilian Oversight
Processes 57
SPD should develop an effective
mechanism to obtain robust community
input into police department decisions
on significant policy changes,
enforcement strategies, or other major
issues.

The Department has implemented a Transparency and Department Data section on its website where feedback is encouraged and department data can be found.

In that same website section, policy proposals and changes, along with any other significant matters are posted to allow the entire community to provide feedback before any implementation occurs.

Completed
The SPD website was updated
and provides enhanced
accessibility and allows for
community feedback.

Completed 1st
Quarter of 2022
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 28 of 29 ends

58 City leadership should establish a
community process to consider and
create a model of independent, effective
civilian oversight that is appropriate to
Sebastopol's needs.

The Department will review this recommendation and assess possible options.

With the current updates to the Department's website, which includes significant transparency, department data, and an availability for all community members to provide feedback regarding SPD policies and procedures, it is recommended that any action related to this recommendation wait until sufficient time allows for all community members to engage in an advisory capacity via the website portals. Continual
With the current updates to the
Department's website, which
includes significant
transparency, department data,
and an availability for all
community members to
provide feedback regarding
SPD policies and procedures, it
is recommended that any action
related to this recommendation
wait until sufficient time allows
for all community members to
engage in an advisory capacity
via the website portals.

On going
Legend
Most Recently Accomplished (orange)
Reported in Previous Meeting (blue)
Continual / On Going (coral)
Completed (green)
Agenda Item Number 15 Agenda Item Number 15
City Council Meeting Packet of April 5, 2022

Page 29 of 29 ends

Sebastopol City CouncilApril 5, 2022

Sebastopol City Council
April 5, 2022