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01/06/2021 - MinutesRacial Equity in Policing Commission Minutes January 6, 2021 1 Racial Equity in Policing Commission Salt Lake City Utah Regular Meeting Minutes Wednesday, January 6, 2021 The Racial Equity in Policing Commission met in an electronic meeting pursuant to the Salt Lake City Emergency Proclamation and determination of the Core Commissioners. Recordings of the Commission may be found on the Commission YouTube Channel. Minutes are provided in conjunction with the audio/video file on YouTube. Next to each discussion item is a link with the time the discussion began. You may click on the link to open the meeting video directly at that point of the agenda. _________________________________________________________________________ Commission Members Virtual Attendance: Commissioners Ka’ili, Romero, Shifflett, McDonald, Smith, Oommen, Banuri, Powell, Suarez, Prospero, Salazar-Hall, Solovi Jr., Eldrige, Anjewierden, Hawkins, Johnson and Sagato-Mauga Commission Members Absent: Commissioners Mberwa, Ahmad, and Davis Langdon Facilitators Attendance: Larry Schooler, Dante James, Siobhan Locke, Josh King Staff in Virtual Attendance: Mayor Erin Mendenhall, Rachel Otto, Mayor’s Chief of Staff; Mark Kittrell, Deputy City Attorney; Lindsey Nikola, Mayor’s Communications Director; David Litvack, Mayor’s Senior Advisor; Kaletta Lynch, Mayor’s office Executive Assistant; Allison Rowland, Council Public Policy Analyst; Cindy Lou Trishman, City Recorder; Chief Mike Brown, Chief of Police; Lt. Yvette Zayas, SLC Police The meeting began at 5:04 pm 1. Welcome and Public Meeting Guidelines Facilitator Dante James acknowledged the events occurring in Washington DC and provided opportunity for the moments of history and its impact on the communities of color. He invited the thoughts of commissioners if they desired to share. Commissioner McDonald shared appreciation for the moment provided and acknowledged the emotions she was experiencing due to the situation in Washington DC. Commissioner Powell shared personal thoughts including the design of representational leadership, and the momentum shift to address racial and financial oppression. Facilitator Dante James shared appreciation for the comments and included that the reflection of the action and inaction of the system and democracy have caused a necessary evaluation. Mayor Mendenhall spoke to the comments, noting her willingness to address the system of democracy that has been built from systems of intentional inequity and the desire to evolve and be inclusionary through conversation. Additional priorities shared included 1) supporting the Racial Equity in Policing Commission Minutes January 6, 2021 2 police department as space is made for structural changes; 2) prioritizing the work of supporting the commission; and 3) coordinating with Governor Cox’s administration and legislation for public and officer safety. She expressed appreciation for those involved in the work. 2. (00:21:27) Review Minutes from the Regular Commission Meetings held on September 23 and November 18, 2020 There we no changes to the minutes; minutes were approved by consensus. Public Meeting Guidelines were provided by Cindy Lou Trishman prior to the public comment period. (00:23:33) Confirmation of continued electronic meetings by the Commission 6. (00:24:30) Standing Items ● Subcommittee Reports and Discussion of Shared Information o School Safety o Training o Policy & Practice o Youth Subcommittee (report on new member) Mr. James moved this item to the earlier time for the Mayor to receive the draft recommendations from the subcommittees while she was in attendance. Draft recommendation documents (00:25:25) Training Subcommittee Update & Draft Recommendations • Gathering data: training material evaluation, Critical Incident Team (CIT) functionality, curriculum and demographics of the programs • Field Training Officers: Low number of race or ethnic diversity; without any targeted efforts o Draft recommendation: Create a process for targeted outreach for officers of color and provide incentives to participate • Crisis Intervention Team: Training is not prioritized, re-certification for this program is voluntary, and insufficient budget to enlarge the program o Draft recommendations: require re-certification for all officers (including lateral hires), increase the budget to provide more officers to cover shifts • Training & Inservice related to Equity, Implicit Bias and Community Policing: there are no SLC community-based facilitators of color, missing the component of history of Salt Lake City and communities of color, and the funding circumstance for the City’s Diversity, Equity and Inclusion (DEI) training is unavailable for FY 21 o Draft recommendations: require SLC community-based trainers of color be part of the training team, require curriculum that is co-created, consisting of best practices, and require recruits learn the history of diverse communities of SLC, and locate sufficient budget to provide professional DEI training for all officers (00:36:55) Policies & Practices Subcommittee Update & Draft Recommendations • Evaluating the existing policies, definitions and understanding of legalities of policies and practices. Racial Equity in Policing Commission Minutes January 6, 2021 3 • Use of Force Policy: Perception and/or reality of little to no accountability (criminal, civil, employment discipline) o Draft recommendations: Modify the policies and procedures to be aligned with the community understanding of reasonable and acceptable, proactively explain the difference between code & case law/ and outcomes involving use of force, evaluate (through internal department survey) the status of the police department on race and bias • Accountability of Law Enforcement: Be explicit to communicate and empower the commission to do the work to make the change and see policies and procedures implemented, measured, and applied. o Draft recommendations: provide access to the Commission of the existing data, consider non-disclosure agreements (NDA) for commission members to review data and empower the commission options to achieve their goals, empower the scope of influence through legislation and opportunity to other locales. Commission Members, Mayor Mendenhall and Mr. James discussed the efforts of making change to the law in an effectual way and the development of that change. Discussion included legislative change proposed in SLC and advocated for at the State level, process of cultural change, adjustment of the attorney lens perspective (neutral vs. advocating) and the development of a blueprint for changing laws. (00:59:35) School Safety Subcommittee Update & Draft Recommendations • Evaluation of the School Resource Officer (SRO) program, • School Resource Officer (SRO) Program & Data o Draft recommendations: Review the existing (and up for renewal) Memorandum of Understanding between the City and the school district regarding the program; consideration of new data analysis tools to disaggregate the content of those referred to the SRO by gender and Latinos • SRO Program goals & accountability o Draft recommendation: establish the desired outcomes of the SRO program, establish criteria for success (measurable goals), review budget allocations • SRO Program: School to Prison Pipeline – many efforts are currently happening and have happened and effectual in changing the disparity o Draft recommendation: Evaluate best practices, conduct a literature review and review state and county content in process to avoid duplication. Additional comments from Commission members included the consideration of a full-time position for the City to evaluate the school to prison pipeline, and the evaluation of all data and narratives of measurable data and that the youth subcommittee members will provide independent recommendations related to the School Resource Officer program. Mr. James acknowledged and extended appreciation to Chief Brown and the Command Staff on their timely responses for data and engagement. (01:10:20) Youth Subcommittee Update Racial Equity in Policing Commission Minutes January 6, 2021 4 • Consideration of space for small group discussions without law enforcement as an official presence, evaluation continues for the overall subcommittee; will return at a later time with recommendations. Mayor Mendenhall expressed appreciation for the work being completed and looking forward to the connections of the work; including the value of the continued deconstruction of the work that needs to be completed. 8. (01:14:43) City Update Rachel Otto, Mayor’s Chief of Staff, will provide an update on City efforts in process or anticipated which may impact the City’s Police Department. Ms. Otto requested best approach for the Commission to provide feedback on specific legislation relating to police work, noting the pace of legislation at the state. Mr. James noted there was interest from commission members for participation and noted that City Council action is also of desired to be a part of the process with matters relating to the Commission’s work. Discussion between Commission Members and City staff regarding the processing of changes, and an increase of communication between the Commission, City Council and Mayor’s office. 9. (01:25:10) Public Comment (limited to 15 minutes) ● Attendees may be provided one or two minutes of time, determined by the number of attendees and the time available determined by the Commission. Please observe the time limit stated at the beginning of the public comment period so everyone may have a chance to speak. ● Per the public meeting guidelines, keep comments free of discriminatory language referring to a person or group based on their religion, ethnicity, nationality, race, color, descent, gender, sexual orientation, disability, age or other gender identity factor. Items or comments that disrupt the meeting, intimidate other participants or that may cause safety concerns are not allowed. Sadie Connors, Andrew Riggle and Sherri Wittwer were all provided an opportunity to comment but were listening only. Mr. James provided time to Chief Brown for comments about the content shared during the meeting. Chief Brown noted his availability for conversations and interest to support the Commission. ● Commission items of business o Resignation of Commission member; Core Commission Member change; and discussion of replacement Commission Member o Logistics for the Partner-Pair program with Chief Brown o Review the first quarter meeting schedule for 2021 o Other (including Scheduling Items) Racial Equity in Policing Commission Minutes January 6, 2021 5 Chief Brown addressed the Partner-Pair Program suggestion and a digital meeting introduction with Commission Members and interested police staff to visit and discuss the work of the Commission, additionally building relationships to build the community perspective. It was agreed upon to complete the meeting arrangements and begin the conversation prior to the next full Commission meeting. Discussion regarding the Resignation of a Commission Member was moved to the following meeting. 10. (01:34:38) Listening Session Preparation The Commission will continue discussions for the Listening Session scheduled for January 13 at 5 pm. Mr. James noted the Listening Session was necessary to move to January 20, requesting to know what type of meeting would be desired for January 13. Commission Members discussed the calendar for the month of January; it was determined to meet as a subcommittee on Jan 13, Listening Session on Jan 20, and Full Commission on Jan 27. Mr. Schooler invited the Commissioners to submit their questions for the public listening session, also noting appreciation for outreach through respective audiences. The website www.slcrepcommission.com is an open website for asynchronous comment via text, phone or online survey in addition to opportunity during the listening session. Commissioners noted the date of January 20 conflicts with Martin Luther King, Jr. observance week and of the President-Elect Biden’s Inauguration. Mr. Schooler indicated there was not a specific focus for the large public listening session. Ms. Locke noted a reiteration that smaller, group sessions are being held in respect of people who may not be in an opportunity to share experiences and feedback with Police in a large-group setting. Racial Equity in Policing Commission Minutes January 6, 2021 6 11. Closed Meeting The Commission will consider a motion to enter into a Closed Meeting. A closed meeting described under Section 52-4-205 may be held for specific purposes including, but not limited to: a. discussion of the character, professional competence, or physical or mental health of an individual; b. strategy sessions to discuss pending or reasonably imminent litigation; c. discussion regarding deployment of security personnel, devices, or systems; and d. investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. (01:48:42) Commissioner McDonald made a motion to enter into Closed Session for the purposes of discussion regarding deployment of security personnel, devices, or systems and advice of Counsel. Commissioner Salazar-Hall seconded the motion. All Commissioners present were in favor of the Closed Meeting by a roll call vote. Please see the linked sworn statement affirming the purpose of the closed meeting. It was noted the Commission would not have further business after the Closed meeting. The closed meeting began at 6:58 pm. Those in attendance included: Commissioners Ka’ili, Shifflett, McDonald, Smith, Oommen, Banuri, Powell, Suarez, Prospero, Salazar-Hall, Eldrige, Anjewierden, Hawkins, and Johnson; Facilitator staff: Dante James, Josh King, Larry Schooler; City Staff Cindy Lou Trishman, Kaletta Lynch, David Litvack, Chief Mike Brown, Mark Kittrell The closed meeting adjourned at 7:42 pm by a motion from Commissioner McDonald with a second from Commissioner Banuri. Cindy Lou Trishman City Recorder This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). This document along with the digital recording constitute the official minutes of the Racial Equity in Policing Regular Commission held January 6, 2021. Meeting Minutes approved at the February 24, 2021 Meeting by consensus.