Thread by @tasha_mente

Better late than never #oakmtg

Mariano Contreras of the Latino Task Force makes comments on the CPA propsed changes to use of force policy:
1. must be clear that racial disparities impacts use of force and police must be clear on this
2. Must be a commitment to de-escalation

3. Encouraging officers to walk away instead of escalating
4. Officer can only use a proportional amount of force to a situation and cannot use vague language to wave it away
5. Less lethal weapons can only be used for immediate danger of serious injury

6. Violations of use of force will not be protected by qualified immunity"
7. No distinction between use of "objectively reasonable" force, just "necessary" force
8. Specialty impact weapons like wooden bullets to be recategorized as lethal use of force

9. Ban all neck holds but further specific policy to protect residents from asphyxia when being detained by police
10. CPA proposed requirements to restrict how often Black and Brown residents are handcuffed by police

#oakmtg

Assata says CPA can't represent an issue of Black people while firing Commissioner Harris. She underscores that African Americans are more impacted by policing than Latinos. #oakmtg

Valerie Baptiste - "as a Black woman I have specific concerns... but I do believe that this commission is about all of us." She worries about how to train officers to disengage and de-escalate and unnecessary use of lethal weapons. #oakmtg

Allysa Victory of ACLU NorCal runs through the summary of key changes, starting on p. 36 of the agenda packet, for those of you following along at home. #Oakmtg

1. Technical edits: e.g. prior draft used “immediate threat” when AB 392 standard uses “imminent threat” so they cleaned it up to match AB392. This document can be used as evidence against police, so clarity is key.

2. Reconceptualizing use of force: previously, resistence was one of many factors taken into account. This draft will have a section that specifically speaks to the level of resistence and looks at what the objective of using force would be.

3. Review & Training Guidance: Detailed guidance on review of use of force including factors of review are mandated
by SB 230, which goes into effect Jan 1, 2021. Victory says it should have mandates of identification. #oakmtg

Assata - "NSA tasks 24-32 reference policies & procedures for use of force. Are the proceedings going on today in alignment with those tasks?" #OakMTG
Victory: Yes, that was the main doc when putting together the proposed changes. There are other policies that deal with review

Manheimer: "we didn't get everything we wanted" but is proud of the progressive policy produced. She's plugging all the Lexipol policies she's planning to tackle, I think? Unless Lexipol has already addressed another 185 policies. #oakmtg

Armstrong: rattles off all the other use of force policies that the ad hoc used as reference

I stepped away to get some ice cream and lost track of where we are. Thank God for Harris asking for a visual. #oakmtg

He went through the redlines in the first attachment on the Police commission meeting page: cao-94612.s3.amazonaws.com/documents/9.21…
#oakmtg

No comments from Commissioners, only from Assata: We need data to support whether police are following the policies implemented. Use of force data does not exist. Is it possible to get data that reflects this by race? #oakmtg

Armstrong: working with Pete Peterson (Oakland IT) to get that. Also hiring new data manager in beginning of Oct to work with IT to get publicly transparent data. Racial impact report with stop data will come out before the end of the month. (We have heard this before) #oakmtg

So glad Rania is on this call.

John Lindsey-Poland: do other departments in mutual aid bring in banned weapons, what is the chain of command? Also, how are you taking into account town halls & this comment period? #oakmtg

Gage: mutual aid clause addresses both our officers and anyone coming into our jurisdiction, but want to see a more robust section. This is the not time this will come before the commission, we have lots of feedback cycles. #oakmtg

Mariano Contreras comments: the ad hoc committee is top-heavy with OPD (6 reps). Asks Armstrong to address supporting a strong policy if there's a culture of abuse. To date no one has addressed the Oakland Black Police Association's complaints about discrimination. #oakmtg

Harris says she asked for someone in training, policy, on the ground, & high authority positions to have a variety of different perspectives. "We did not agree." She asked why of everyone & wanted explanations. She asked for Jim Channin who "unfortunately" lives and breathes this

Harris asks Manheimer to address the OBOA report: We have a disparity phase II report that just came out (now I need to find this). Wants to bring a racial disparity presentation at the next commission meeting.
Contreras: "Best practices begin today."

Manheimer: order M19 is all about prohibitions on racial profiling, bias. It's a very in-depth policy & is a huge focus of the dept. Practicing blind, anonymous review of discipline, selection, promotion & hiring. This is in-house now. #oakmtg

Anne Jenks: People want the policy to acknowledge the history of racism in the policy. OPD did not accept any of that language that CPA had proposed in their draft. #oakmtg

Bruce Schmiechan: "this is like this corporate diversity stuff that is covering your ass... If you don't bring the fact of racial disparities into the use of force policies directly, you're not doing anything." ... #oakmtg

Last person killed was a white man called "light skinned" even that murder had a racial overtone. "I give a damn where it matters." #oakmtg

Assata goes again. In the last rules committee meeting, the video in the beginning, a white former officer revealed personal experience he had with racial profiling in OPD--32 Black officers disciplined for whistleblowing. Now I need to find that video... #oakmtg

Jim Chanin: didn't know he was on the speakers list, prepping for a court appearing on the "rioters" case. OBOA attempted to resolve this with Kirkpatrick before anything and when she blew them off they went to the Mayor. #oakmtg

Thinks inclusion of police in the ad hoc was a good idea. "I don't think they dominated commissioner[s] or me." Stops of African Americans has shown steady of improvement from 18K 2018 to 4-5K today. #oakmtg

In 1H 2019, 6K African Americans & Latinos were stopped, Latino stops have always risen over 6 yrs, highest quarterly stop rate, 29% in the last 6.5 yrs.
He essentially says to ignore the progress is to say the public will never be satisfied with their work. #oakmtg

While Jackson is thanking the ad hoc committee, I take some issue with the last of Chanin's comments, just because the public has years of lost trust that would need to be rebuilt. Of course folks are not going to be satisfied with their work, people are still dying. #oakmtg

Assata is saying Chanin is dismissing the disparity. There are still, proportionate to population, more Black people killed than Latinos, who have a higher population. Rania cuts her off mid-rant. #oakmtg

Anne Janks says she's confused about where they are in the agenda and asks about next steps. Wonders if there will be a final consensus document, sometimes consensus isn't needed. If it's not consensus, will it be fully discussed with OPD to understand their objections? #oakmtg

Chanin: Last African American man killed by OPD was in 2015. I never thought I would see OPD not killing an African American man in more than 5 years. #oakmtg

Gage: This policy will be on agenda for Thurs 24th mtg. It will be sharing time with other items. Don't wait until that meeting to submit feedback. Sept 28th drafting committee will reconvene. Oct 1--drafting comm will present new draft. May need another special #oakmtg

Harris reminds everyone they don't have staff and all the ad hoc work was done on a volunteer basis. Honestly, all the work that's gone into the policy drafts is incredible & I appreciate the work a lot. #oakmtg

Assata says she will continue to fight for Commissioner Harris. "Chanin is a lawyer and I'm a Black mother of 2 sons and 2 grandsons.... You don't worry about your child potentially losing their lives. There is always a threat..."

"There's no satisfaction for me with a reduction in numbers. How insulting for you to play that fiddle again. You walk in these shoes and have the agony for your child.
Comm. Harris, I will continue to fight for your right to be there, you were denied that right." #oakmtg

Anne Jenks re-asks her unanswered questions.
Harris: "We never agreed to agree with OPD. We agreed to have a collaborative effort which we have done. That does not mean OPD holds the pen... #oakmtg

We are establishing a relationship with this dept. It's the task of the PC to make sure they fully understand. We wrote this policy together. There are things they did not agree with and they are still in the policy." #oakmtg

Bruce Schmiechan: Use of force policy is not subject to meet & confer.

I again forget what meet & confer is, my apologies. I need to look it up again.
#oakmtg

Anderson, of course, thanks Rania first 😂
She reminds everyone that they exercise their authority over OPD but that City Council is the final arbiter.
Just clocked a sincere use of "appreciate" for all the input. #oakmtg

Jackson accept's the Judge's motion to adjourn, meeting is closed. #oakmtg

@threadreaderapp unroll please

Special Police Commission Meeting 9/21/20 - Use of Force Policy