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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.