Recap of June 11, 2020 City of Palo Alto Human Relations Commission Meeting

ITEM IV.1
Consideration of avenues for HRC response to the death of George Floyd and ongoing racial
inequities.
Agenda: ​https://www.cityofpaloalto.org/civicax/filebank/documents/77098

MOTION MOVED SECONDED VOTE

BY BY

Comprehensive: Lee Regehr FAILED

The City of Palo Alto Human Relations Commision (“HRC”) recommends the City 1-3-1
Council:
YES:
1. Hire an Independent Reviewer to review and audit Palo Alto Police Department Lee
(“PAPD”) policies and practices and to propose specific reforms.
a. The HRC recommends that the City Council retain a new, independent, not-for-profit organization with strong civil rights and minority
community credentials (“Independent Reviewer”) that is unaffiliated with law enforcement to conduct an independent and unbiased
NO:
review of all PAPD policies and practices. Savage
b. The HRC recommends that the Independent Reviewer report directly to the City Council, and that its work and recommendations are
not filtered or guided by City staff. Smith
c. The HRC recommends that the Independent Reviewer be given a broad mandate and discretion to review any and all PAPD policies
and practices and to make recommendations of any type, including those which may be above and beyond what is then required Stinger
under the law, over the next two years, including, but not limited to the areas of:
i. Use of force
ii.
iii.
Budget
Hiring, promotions and firing policies
ABSTAIN:
iv. Transparency and more complete and timely public access to records Regehr
v. Independent auditor and HR related policies and practices
vi. Citizen oversight
vii. Areas or situations which can be delegated or handled initially by non-police professionals (e.g. counselors, social
workers, etc.) violence, etc.).
viii. Additional bias/inclusion, de-escalation and other trainings and certifications
2. Direct Independent Reviewer to review PAPD compliance with 8 Can’t Wait policies.
a. The HRC recommends that the City Council direct the Independent Reviewer to review and evaluate, as a first but not exhaustive
step, whether PAPD complies fully and unequivocally, in both policy and practice, with all of the 8 Can’t Wait policies:
i. Ban chokeholds and strangleholds
ii. Require de-escalation.
iii. Require warning before shooting.
iv. Exhaust all alternatives before shooting.
v. Establish a duty to intervene.
vi. Ban shooting at moving vehicles.
vii. Establish use of force continuum.
viii. Require comprehensive reporting
b. The HRC recommends, to the extent that the Independent Reviewer identifies deficiencies in PAPD’s compliance with the 8 Can’t
Wait policies, that the City Council adopt 8 Can’t Wait reforms no later than November 2, 2020.
3. Temporarily suspend all new PAPD hiring and promotions until new policies are
adopted.
a. The HRC recommends that all new PAPD hiring be temporarily suspended until the Independent Reviewer can evaluate current
PAPD hiring, promotions, and firing policies and practices.
b. The HRC recommends that the Independent Reviewer and City Council consider reforms to PAPD hiring, promotions, and firing
policies that include:
i. A ban the hiring or promotions of individuals with pending investigations or prior disciplinary actions on their records.
ii. A separate, independent citizen review board with oversight into hiring, promotions and firing.
4. Evaluate reinvestment of some PAPD funds or provide additional funding for
Community and Human/Social Services.
a. In the more immediate term, the HRC recommends that the City Council adjust the FY2020 budget to provide additional funding for
community and human/social services, including, but not limited to:
i. A 100% increase to the Human Services Resource Allocation Process (“HSRAP”) (from approximately $535,908.00
to $1,000,000 per year)
ii. A 100% increase to the Human Services emerging Needs Fund (from approximately $50,0000 to $100,000 per year)
iii. Other City funding increases specifically for homelessness, mental health, housing and community development
services.
b. In the mid-term, the HRC recommends that the City Council direct the Independent Reviewer to propose for the FY2021 budget cycle
recommendations either for the reinvestment of some PAPD funds to, or additional funding, generally, to support community and
human/social services.
c. In the long-term, the HRC recommends the City Council adopt and incorporate the Equity Pledge, proposed in San Jose, into the

City’s budget and policy-making process.

5. Include the broadest set of community stakeholders.

a. The HRC recommends that the broadest set of community stakeholders be involved in any and all police reform, diversity & inclusion,
and equity initiatives, including, but not limited to those listed in this HRC recommendation, regardless of who conducts or leads such
initiatives.
b. The HRC recommends that the City Council explicitly invite and include the following stakeholders (not an exhaustive list):
i. Members of the various minority communities
ii. Tinsley families
iii. Buena Vista Neighborhood Association
iv. Civil rights experts
v. Members of the LGBTQ+ community
vi. Disability advocates
vii. Mental health professionals
viii. Substance abuse professionals
ix. Faith based leaders
 2
x. Social workers
xi. Members of the local legal community
xii. Human Relations Commission
6. Work on improving diversity and representation in the City workforce (including
PAPD), City management and City commissions.
a. The HRC recommends that the City Council take concrete steps to improve diversity and representation in the City workforce
(including PAPD), City management and in City commissions to better reflect the Palo Alto community.
b. The HRC recommends that the City Council require that diversity statistics be published every year.
c. The HRC recommends that the City Council restore all City commissions to 7 members each.
7. Require additional training. ​The HRC recommends that the City Council require City staff,
PAPD, the City Council, and City commissions to complete implicit bias, de-escalation and
other additional and relevant training, above and beyond what may be legally required.
8. Open Foothills Park. ​The HRC recommends the City Council repeal the 50 year ban on
non-residents and provide access to Foothills Park on an open, fair and equitable basis by
August 6, 2020.
9. Paint Black Lives Matter on the Street. ​The HRC recommends that Black Lives Matter be
painted on the street in a visual show of solidarity with our Black community, as a
denunciation of the unfair and brutal treatment of Black people by police, and as a reminder
to our community and public officials of the large and urgent work and reform that needs to
occur.
10. Endorse efforts at other levels of government. ​The HRC endorses, and recommends the
City Council endorse on behalf of the entire City:
a. Justice in Policing Act
b. Legislation which aims to limit qualified immunity or requires officers to obtain or pay their own liability insurance.
c. Legislation which aims to ban the use of tear gas, rubber bullets, and/or aligns U.S. police policies and practices with the Geneva
Convention.
d. Legislation which aims to demilitarize local law enforcement.
e. Legislation which increases police transparency and the public’s access to records
f. Assembly Constitutional Amendment #5 - a repeal on the ban on affirmative action in California
g. Communities and Schools First Initiative

8 Can’t Wait Smith Lee PASSED

HRC recommends the City Council study and implement the 8 Can’t Wait policies 4-1-0
under the umbrella of the police use of force policy within 90 days.
YES:
Lee
Regehr
Stinger
Smith

NO:
Savage

ABSTAIN:

Community Engagement Stinger Lee PASSED

HRC recommends that there be an emphasis on community engagement and that 5-0-0
it begin promptly and result in recommendations in 2Q of FY with community
partners in discussion with the broader Palo Alto community. YES:
Lee
Regehr
Savage
Stinger
Smith

NO:

ABSTAIN:

NOT AN OFFICIAL DOCUMENT

The relevant motions have been compiled above by Commissioner Steven Lee (​stevendlee@gmail.com​) to the best of his recollection (and there may
be errors) in his individual capacity and not on behalf of the City. Please refer to the official meeting video and minutes, which are usually posted on the
City website at a later date, for the official motions, votes and comments.
 3
Diversity and Inclusion Smith Lee PASSED
HRC recommends that the City begin a diversity and inclusion initiative that starts 5-0-0
with implicit and institutional bias training for city staff and commissions and
include a data driven approach. YES:
Lee
Regehr
Savage
Stinger
Smith

NO:

ABSTAIN:

Long Term Stinger Smith PASSED

HRC recommends that the work proposed be immediate and that HRC will look 5-0-0
long term to continue to study the issue to make long term recommendations to
Council which involves pilot programs and data from earlier work looking at policies YES:
and procedures in the PAPD manual. Lee
Regehr
Savage
Stinger
Smith

NO:

ABSTAIN:

Funding Lee Smith PASSED

HRC recommends that Council reinvest a portion of PAPD funds, or provide 4-1-0
additional funding, generally, to the Community Services Department in the
FY2021 budget. YES:
Lee
Regehr
Stinger
Smith

NO:
Savage

ABSTAIN:

Foothills Park Lee Smith PASSED

HRC recommends that the City Council repeal the 50 year ban on non-residents 5-0-0
and provide access to Foothills Park on an open, fair and equitable basis by
August 6, 2020. YES:
Lee
Regehr
Savage
Stinger
Smith

NOT AN OFFICIAL DOCUMENT

The relevant motions have been compiled above by Commissioner Steven Lee (​stevendlee@gmail.com​) to the best of his recollection (and there may
be errors) in his individual capacity and not on behalf of the City. Please refer to the official meeting video and minutes, which are usually posted on the
City website at a later date, for the official motions, votes and comments.
 4
NO:

ABSTAIN:

Hiring and Promotion Policies Lee Smith PASSED

HRC recommends that City Council adjust PAPD policies to ban the hiring, or 4-1-0
promotion, of individuals with prior disciplinary actions.
YES:
Lee
Regehr
Stinger
Smith

NO:
Savage

ABSTAIN:

Independent Review Lee None FAILED

HRC recommends that City Council hire an independent party to conduct review of Lack of
PAPD policies. Second

NOT AN OFFICIAL DOCUMENT

The relevant motions have been compiled above by Commissioner Steven Lee (​stevendlee@gmail.com​) to the best of his recollection (and there may
be errors) in his individual capacity and not on behalf of the City. Please refer to the official meeting video and minutes, which are usually posted on the
City website at a later date, for the official motions, votes and comments.