HomeMy WebLinkAboutStaff Report 2407-3306CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, November 18, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
1.Semi-Annual City Council Discussion with the Independent Police Auditor (IPA) Public
Comment, Staff Presentation
City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: City Manager
Meeting Date: November 18, 2024
Report #:2407-3306
TITLE
Semi-Annual City Council Discussion with the Independent Police Auditor (IPA)
RECOMMENDATION
This Study Session is a semi-annual opportunity for Council discussion with the Independent
Police Auditor. There is no recommended action.
BACKGROUND AND ANALYSIS
This is the study session with the City’s Independent Police Auditor (IPA) from the
representatives of the OIR Group, the City’s contracted consultant for the Independent Police
Auditor function. It is the second of two discussions in this calendar year. The previous
discussion took place with the City Council on May 6, 2024.1
Purpose: In the amended contract scope with the OIR group, it states the following related to
the IPA meetings with the City Council:
Beginning in the second half of 2021, CONSULTANT shall meet with the City Council two
times per year to discuss trends in criminal justice and policing, policy and training
matters, recommendations made by CONSULTANT, and other City Council concerns.
CONSULTANT’S conferences with City Council are not for the purpose of elaborating on
published reviews of specific incidents and shall not include discussion of personnel
matters prohibited by law. Semi-annual conferences shall be scheduled after publication
of the CONSULTANT’S report, according to availability of City Council and the
CONSULTANT.
1 May 6, 2024 City Council Meeting:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14255 (Item 5 Study Session)
Consistent with the description above, the City Council discussion with the IPA is not focused on
the most recent report from OIR Group. However, for ease in reference, the most recent report
was issued as an Informational Report in the November 4, 2024 City Council packet.2
FISCAL/RESOURCE IMPACT
No additional funds are needed for this study session.
STAKEHOLDER ENGAGEMENT
The discussion with the City Council is an opportunity for the public to also share feedback
related to issues covered by the IPA.
APPROVED BY:
Ed Shikada, City Manager
2 November 4, 2024 City Council Meeting:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14481 (Information Report is Item 16)
From:Winter Dellenbach
To:Council, City
Subject:For Study Session Monday Nov. 11
Date:Sunday, November 17, 2024 3:54:06 PM
To: City Council Members
From: Winter Dellenbach
Date: For 11-18-2024 Council meeting
RE: IPA & PAPD Study Session with City Council
Independent Police Auditor (IPA), Jan 1 - May 31, 2024
Body Worn Cameras
Disappointingly, body worn cameras were never activated 9 times or late into during an incident.
Use of these cameras has been a vital check on police excesses or exoneration, and are
evidentiary of criminal activity or its absence. Unfailing timely use is critical to good policing inPalo Alto.
IPA Recommendation #9
“PAPD should focus managerial attention on ways of ensuring that officers are meeting policyexpectations regarding use and activation of body-worn cameras.”
My Recommendation: #9 seems amorphous. Please ask what specifically what will be done to
cure this situation?
Less Lethal Projectile Use
Deploying a less lethal projectile, here a SAGE round, commonly termed a “rubber bullet”, shot off
part of a person’s finger. What type of SAGE was used is unknown (there are several).
Less lethal doesn’t mean injury or death can’t occur - use may result in either, though it can be
safer than shot with a firearm.
My Recommendation: We need to be better informed about SAGE use. I encourage you to ask
for information specifically about the type of SAGE used that blew off part of a person’s finger.
Several Officers simultaneously pointed firearms at this person which was reported.
Audit Suggestions for the Independent Police Auditor (IPA)
It would be valuable to have the IPA perform an audit of PAPD Field Training or body worn
camera use.
My Recommendation: I urge you to ask the IPA about both, then consider having one
performed.
++++++++++++++
PAPD Use of Force Report for Jan 1 - June 30, 2024
There were a total of six use of force cases during the first half of 2024 by Officers using physical
strength alone. This resulted in injury beyond what could be treated in the field to all 6 persons.
The race of these 6 subjects was:
Black (3), White (1), Hispanic (1), and Other (1).
While a small sample, it is consistent with prior demographic reporting showing use of force more
often used on Black and Hispanic people.
Additionally, PAPD firearm pointing, or stopping individuals is more often experienced by Black
and Hispanic persons than Whites or Asians.
Taser Use
Taser use in 2022, 2023 and first half of 2024 is zero. Use of Tasers may result in injury or death.
Before 2022, Tasers use was not unusual.
My Recommendation: Ask what accounts for this fairly dramatic change in Taser use?
+++++++++++++
TRUST
County officials now have a direct, 24/7 hotline to reach TRUST (the Trusted Response Urgent
Support Team), a mental health crisis team that rolls out in vans across the county to de-escalate
emergencies and provide resources and assistance to individuals and their family members. It
does so without the presence of police.
Those in mental health crisis can now call the direct line at 408-596-7290. This is a huge
improvement to simplifying access to TRUST services.
My Recommendation: I urge the PAPD to post this direct number on its website in an
appropriate place, so those in crisis may easily and quickly access it.
PALO ALTO CITY COUNCIL: REPORT
AND UPDATE FROM INDEPENDENT
POLICE AUDITOR
November 18, 2024
1
OIR GROUP
•IPA for the City of Palo Alto
•Semi-Annual Audit Reports re PAPD
internal review systems
•Last Council appearance in June of 2024
2
Latest Semi-Annual Report: Cases from
first half of 2024
•One public complaint (Unfounded)
•9 “Pointed Firearm” incidents
•Two use of force cases
•No Taser deployments or HR complaints
3
Pointed Firearm Incidents
•9 documented events
•All instances were evaluated and found to be consistent
with training and policy
•Supervisory memos of varying thoroughness
•Recommendation re BWC activation
4
Use of Force w/ Injury: 2 incidents
•Part of new review protocol with the City:
•“Medical attention beyond mere clearance in the field.”
•Shoulder injury during booking process (takedown)
•Partially severed finger (less-lethal projectile)
5
Use of Force w/ Injury: Barricaded Subject
•Domestic violence incident at residence
•Lengthy standoff with SWAT response
•Negotiations with subject in his native language
•Appearance by subject outside the home as precursor to
less-lethal force
•Finger struck by projectile
•Suspect taken into custody.
6
Use of Force w/ Injury Barricaded Subject
7
•Force determination: “in policy”
•Assessment of PAPD internal review protocols for
thoroughness and effectiveness
•6 recommendations re tactics, training, policy
Questions/Discussion
8