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HomeMy WebLinkAboutCC Resolution 12247 (Grand Jury Response; Lethal Restraint)RESOLUTION NO. 12247 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 2006-2007 MARIN COUNTY GRAND JURY REPORT ENTITLED "HOGTIEING: A LETHAL RESTRAINT?" 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 2006-2007 Marin County Grand Jury Report, dated February 14, 2007, entitled "Hogtieing: A Lethal Restraint?" and has agendized it at this meeting for a response; hereby: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael 1. Approves and authorizes the Mayor to execute, the City of San Rafael's response to the 2006- 2007 Marin County Grand Jury Report entitled "Hogtieing: A Lethal Restraint?", copy attached hereto. 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, Jeanne M. Leoncini, 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 7th' day of May, 2007, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips ill JE M. LEONCINI,City Clerk A RESPONSE TO GRAND JURY REPORT FORM Report Title: Hogtieing: A Lethal Restraint? Report Date: February 14, 2007 Response By: Citv of San Rafael Title: Mavor and Citv Council FINDINGS: • We agree with the finding numbered • We disagree wholly or partially with the findings numbered Fl, F2, F 3, F4, F5 and F10. (See attached statement specifying the portions of the findings that are disputed, including an explanation of the reasons therefor.) RECOMMENDATIONS: • Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) • Recommendations numbered have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) • Recommendations numbered require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) • Recommendations numbered R1, R2 will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) DATED: ��/b 7 Signed:`V '/'� 0-11 /ALB J. BORO,/Mayor ATTEST: _ �T�.ec.�_ _ JEANNE M. LEO CINI, City Clerk Number of Dap -es attached: 1 ATTACHMENT "A" RESPONSE OF THE CITY OF SAN RAFAEL TO GRAND JURY REPORT RE "HOGTIEING" Addenda to Findings F1,F2,F3,F4,F5,F10 and Recommendations R1 and R2: The San Rafael Mayor and City Council are elected city officials who are not and never have been involved in the day-to-day operations of the City's Police Department. All operational law-enforcement issues, including techniques and procedures, best practices, training and education in the methods for the restraint of suspects, are within the duties, knowledge and expertise of the Police Department and not within the knowledge, expertise or duties of the elected Mayor and City Councilmembers of the City of San Rafael. Accordingly, the Mayor and Councilmembers do not have sufficient information, training or experience to agree with the Grand Jury's findings and recommendations. As you are aware, on April 6, 2007, San Rafael Police Chief Matthew Odetto provided a detailed response to this Grand Jury Report, and in particular to the Grand Jury's findings and recommendations. The San Rafael Mayor and City Council have read Chief Odetto's response and they unequivocally support the Chief's response to the Grand Jury's findings and recommendations. The Mayor and the Council have the utmost confidence in the San Rafael Police Chief and the San Rafael Police Department and they support their expertise, ability and professionalism in regard to law enforcement techniques and procedures. To their knowledge, the San Rafael Police Department has never used "hogtieing" as a method of restraint.