HomeMy WebLinkAboutCC Resolution 13024 (Grand Jury Response; Domestic Violence)RESOLUTION NO. 13024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE CITY OF SAN RAFAEL
RESPONSE TO THE 2009-2010 MARIN COUNTY GRAND
JURY REPORT ENTITLED "DOMESTIC VIOLENCE:
MARIN'S NUMBER ONE VIOLENT CRIME."
WHEREAS, pursuant to Penal Code section 933, a public agency which receives a Grand
Jury Report addressing aspects of the public agency's operations, must comment on the Report's
findings and recommendations contained in the Report in writing within ninety (90) days to the
Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and
WHEREAS, Penal Code section 933 specifically requires that the "governing body" of the
public agency provide said response and, in order to lawfully comply, the governing body must
consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and
WHEREAS, the City Council of the City of San Rafael has received and reviewed the
2009-2010 Marin County Grand Jury Report, dated June 4, 2010, entitled "Domestic Violence:
Marin's Number One Violent Crime", and has agendized it at this meeting for a response.
NOW, TIIIEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby:
1. Approves and authorizes the Mayor to execute the City's response to the Marin
County Grand Jury's June 4, 2010 Report entitled "Domestic Violence: Marin's Number One
Violent Crime", a copy of which response is attached hereto as Exhibit A and incorporated herein.
2. Directs the City Clerk to forward the City's Grand Jury Report response to the
Presiding Judge of the Marin County Superior Court and to the Foreperson of the Marin County
Grand Jury.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 2nd day of August, 2010, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
RESPONSE TO GRAND JURY REPORT FORM
Report Title: Domestic Violence: Marin's Number One Violent Crime
Report Date: June 4, 2010
Response By: City Council of the City of San Rafael
Title: Mayor and City Council
FINDINGS:
• We agree with the findings numbered F1, F2, F3, F4, F5, F6, F7. F8, F9, F10, F15.,
and F16 (See Attachment A incorporated herein.)
• We disagree wholly or partially with the findings numbered N/A
RECOMMENDATIONS:
• Recommendations numbered R2, R3 have been implemented.
(Attach a summary describing the implemented actions.) See Attachment A
incorporated herein.)
• Recommendations numbered N/A have not yet been implemented, but will be
implemented in the future.
(Attach a timeframe for the implementation.)
• Recommendation numbered R4 requires further analysis. (See Attachment A
incorporated herein.)
• Recommendation numbered R1 will not be implemented because it is not
warranted or is not reasonable. (See Attachment A incorporated herein.)
DATED: August 4, 2010
ATTEST:
Esther Beirne, City Clerk
Number of pages attached: 3
Signed:,
A BERT /RMa/or
ATTACHMENT A
Supplemental Responses to Grand Jury Report
"Domestic Violence: Marin's Number One Violent Crime"
Findinus•
F5: The Marin pro -arrest policy leads to the immediate separation of
victims, abusers, but it contributes to underreporting and negatively impacts
some victims.
Response: Agree. The San Rafael Police Department does not have any
independent information regarding this finding. The Grand Jury report
documents the suggestion of the underreporting based upon expert testimony and
publications, as well as interviews of victims. The San Rafael Police Department
stipulates to this finding. However, it is based upon the findings documented by
the Grand Jury's research and investigation.
F10: Most law enforcement agencies in Marin do not identify a domestic
violence specialist to oversee and evaluate the manner in which all domestic
violence calls are handled.
Response: Agree. The San Rafael Police Department is the exception. The
Department employs two levels of internal review for domestic violence related
crimes. The first level of review is the line level supervisor who has additional
domestic violence training and, in many instances, responds to these calls for
service. The line level supervisor always reviews the content and facts of the
investigating officer's report. This direct supervision enhances the quality of the
investigation and subsequent report, as well as reduces the possibility of
erroneous reporting or improper arrests within the guidelines of the 2001 Marin
County Police Chiefs' Association uniform protocol (updated June 10, 2010).
The second level of review is from a detective who has specialty training in
domestic violence. The detective has the responsibility of reviewing domestic
violence cases, most specifically, active cases where a suspect is outstanding and
further investigation is required. These detectives historically have been
responsible for completing more complicated domestic violence cases, acting as a
liaison with the District Attorney's office and Victim -Witness advocacy, and
ultimately arresting the violator or filing a complaint against the suspect. The
subsequent reports from these detectives are submitted to a detective sergeant
who checks for content, accuracy and the elements of the domestic violence
crime.
P
Recommendations:
R1: All law enforcement officers receive annually at least 4 hours of
interactive group training on domestic violence.
Response: Will Not Be Implemented. All law enforcement officers
currently receive a minimum of 8 hours of domestic violence training in the
police academy and supplemental training as part of their basic field training
program. Each officer must receive 2 hours of additional update training once
they are assigned to patrol duties. In addition, in 2004 the San Rafael Police
Department hosted a countywide 4 -hour domestic violence training course, which
included representatives from the Marin County District Attorney's Office and
Marin Abused Women's Services. The training was provided to 250 officers,
which included 71 officers from SRPD. This training was provided in
conjunction with the newly adopted County Domestic Violence Protocol.
Due to current economic conditions and the reduction of resources and services in
many police departments, such a mandate for annual training would create an
additional burden on limited fiscal resources. In addition, there is very little
turnover among officers in the San Rafael Police Department and domestic
violence training is not considered a perishable skill. Therefore, any mandated
training should only be conducted as a result of changes in legislation, case law,
policies or procedures, rather than refresher on the basics of domestic violence.
R2: Law enforcement command staff be involved in domestic violence
training.
Response: Has Been Implemented: The command staff of the San Rafael
Police Department receives the same training as all other officers in the
department.
R3: An officer from each of Marin's three largest law enforcement
agencies receives advanced training in domestic violence and serves as the
expert within the department and as a resource to smaller law enforcement
agencies.
Response: Has Been Implemented: The San Rafael Police Department
already has a detective assigned specifically to domestic violence. Each detective
in this assignment receives an additional 16 hours of specialized domestic
violence training and serves as an expert within the department. The San Rafael
Pale 3
Police Department maintains cooperative relationships with all law enforcement
agencies within the county and routinely assists with resources and expertise upon
request.
R4: Marin law and justice agencies modify the pro -arrest protocol to include
a non custodial arrest option.
Response: Requires Further Analysis. The San Rafael Police Department
would be willing to participate in a workgroup or study session designed to
address options to the pro -arrest protocol, to include a non-custodial arrest option.