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HomeMy WebLinkAbout2023 06.26 CCM WORK SESSION6/26/23 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 26, 2023 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor April Graves at 7:26 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards and Assistant City Manager/City Clerk Barb Suciu. PRELIMINARY INFORMATION ON POTENTIAL DOG PARK PROJECT This item was addressed during the Study Session. CITY TRAFFIC STOP AND CONSENT SEARCH WORK SESSION City Manager Reggie Edwards introduced the item and commended staff and the Implementation Committee for their hard work over the years. He invited Brooklyn Center Police Chief Kellace McDaniel and Director of the Office of Community Prevention, Health, and Safety LaToya Turk. Police Chief Kellace McDaniel thanked the Implementation Committee and Ms. Turk for their work. Director of the Office of Community Prevention, Health, and Safety LaToya Turk added it has been a privilege to work on the project with community members and staff. Ms. Turk explained on September 26th, 2022, the Daunte Wright and Kobe Dimock-Heisler Implementation Committee (DKIC) presented a proposed recommendation for a traffic stop and consent search ordinance to Brooklyn Center’s City Council. City staff convened to assess the implementation of the proposed recommended ordinances intent. The DKIC proposed recommended ordinances were vetted by City staff to formulate a concise response to the proposed traffic stop and consent search ordinances. Assessments included evaluation of the proposed ordinance’s purpose, legality, and operational impact on the City. Ms. Turk noted the expressed intent and purpose of the DKIC recommendations is to elevate public safety and the general welfare of the people of the City by reducing unnecessary traffic stops and building community trust in the activities of Brooklyn Center law enforcement. DKIC 6/26/23 -2- acknowledges that traffic stops create a high-risk situation for both the public and law enforcement officers that can lead to unwanted tragic circumstances. “The idea is to eliminate a small category of stops that tend to have particularly large racial disparities,” said Maria Ponomarenko, an associate professor at the University of Minnesota Law School and co-founder of the Policing Project at New York University, which works with law enforcement and community groups to promote better policing. Ms. Turk stated the recommendation from DKIC is for vehicles to no longer be stopped solely for the following violations: inoperative windshield wipers, excessive window tinting, improperly displayed license plate or permit sticker, improper operational condition, broken or improperly used headlights, tail lights, or turn signals, invalid or expired registration, no functioning license plate light, no operative muffler, exceeding vehicle noise rules of the pollution control agency, cracked or discolored windshield or rearview mirror decorations. Ms. Turk pointed out another recommendation is that no operator or owner-passenger of a motor vehicle shall be requested to consent to a search by a law enforcement officer of his or her motor vehicle unless there exists probable cause of criminal activity. A search warrant must be obtained whenever it is practical to do so prior to a search of a motor vehicle. Searches of motor vehicles may be conducted without a warrant only if there is probable cause to believe the vehicle is carrying contraband or illegal merchandise. Ms. Turk stated the Council tasked staff with reviewing the recommendations. Brooklyn Center Police Department, City Attorney, City Administration, Office of Community Prevention, Health and Safety as well as community partners convened regularly with LEAP, DKIC chairs, and community partners to share information and insight on the proposed policy recommendations. All parties participated in the community town hall meetings, weekly briefings, and preparation for the City’s response. Ms. Turk explained City staff from various Departments collaborated from June 2022 to March 2023, to evaluate recommendations and solutions to meet the intent of the proposed DKIC recommended ordinances, which was to “protect the public safety and general welfare of the people of the City, to reduce unnecessary traffic stops and to build community trust in the activities of Brooklyn Center law enforcement. Traffic stops create a high-risk situation for both the public and law enforcement officers that can lead to unwanted tragic circumstances.” Ms. Turk noted interactions between law enforcement officers and civilians, particularly those who have been historically harmed by law enforcement, are important in building trusting relationships. However, while traffic stops are the most common way civilians interact with law enforcement, for some the encounters have been deadly. Nationwide in 2020, 120 people were killed during routine traffic stops, according to Mapping Police Violence. With the intent to provide address public concerns, new policies will help address racial inequities while not compromising public safety. Chief McDaniel stated the City rigorously assessed the purpose, intent, legality, and operational implications of the proposed recommended traffic stop ordinance. He showed a table of traffic stop safety ratings. Minimum safety ratings include expired registration, no rear plate lamp, no muffler, 6/26/23 -3- suspended object, improper plate and registration, and broken head and taillights. Vehicle noise has a moderate safety rating. Traffic stop reasons that have a high safety rating include inoperative windshield wipers, window tint, and improperly used turn signals. City Attorney Jason Hill explained the proposed ordinance does not allow something that is prohibited by State law, or change penalties for the underlying traffic or equipment violations. The proposed ordinance also allows for citations to be issued for the listed equipment violations either by mail or by placing them on the vehicle in violation. Mr. Hill pointed out an issue discussed by staff was that of how this ordinance would be enforced, and what the consequences for a violation may be. There are no Minnesota laws that restrict what cities may deem an appropriate response to an ordinance violation. There are several cities that offer an administrative civil penalty for ordinance violations as opposed to a criminal misdemeanor penalty. Mr. Hill stated an ordinance is a local municipal statute that creates consequences for certain behavior. Most ordinances have as the relevant consequence a misdemeanor, with a fine and perhaps jail time of up to 90 days. Generally speaking, a municipal ordinance is to put the public on notice to do or not do something or to face consequences. They cover topics like building codes, administrative codes, and local liquor laws. Ordinances can also cover city operational practices such as the annual budget and designated city public notice locations. Mr. Hill noted policies operate differently from that of an ordinance. Policies are internal documents that direct employee behavior and employees can face consequences for not following adopted policies. This includes technology and vehicle use policies for all employees. It includes sexual harassment and cell phone reimbursement policies. In public safety-related services, policies cover many aspects of their day-to-day operations because they are necessary for those departments to remain effective and have uniform procedures for their employees to follow out of safety concerns and the areas of law that they deal with. Councilmember Lawrence-Anderson asked if other cities have used policies or ordinances to implement similar changes. Mr. Hill stated other municipalities have utilized policies. Chief McDaniel stated consent searches are searches made by law enforcement officers in the United States based on the voluntary consent of the individual whose person or property is being searched. The simplest and most common type of warrantless searches in the United States are searches based upon consent. Chief McDaniel explained consent searches related to traffic stops occur after the traffic stop has taken place. State v. Fort, 660 N.W.2d 415 (Minn. 2003), requires that within Minnesota, a law enforcement officer may only pursue a consent search of a motor vehicle if they can articulate reasonable suspicion. This threshold creates what officers believe is an appropriate level of exception to the 4th Constitutional Amendment and upholds two justifiable search exceptions in two ways. First, consent searches promote efficient and effective law enforcement. Second, consent searches are a valid exception to the warrant requirement because it allows citizens to choose whether or not they wish to exercise their constitutional rights. 6/26/23 -4- Ms. Turk stated the first staff recommendation is to separate traffic stops and consent searches in the subject matter. If an ordinance or policy is to be written, staff believes they should be separate, so that said regulations are clear and distinguishable in regulation from the other. DKIC agrees with the recommendation. Ms. Turk noted staff recommends regulation for traffic stops and con- sent searches be controlled by policy and not ordinance. Chief McDaniel added a recommendation from staff that law enforcement officers shall refrain from stopping a vehicle for original causes as the sole reason that are minimum safety risks. Law enforcement officers may stop a vehicle for original causes as sole reason alone that are moderate or high risks. Ms. Turk noted another recommendation is that consent searches comply with state law, in which a law enforcement officer may only pursue a consent search of a motor vehicle if they can articulate reasonable suspicion. Also, interactions between law enforcement officers and the community, particularly community groups who have historically been harmed by law enforcement should be encouraged because, especially in the correct venue, will lead to improved public safety and trust. Ms. Turk added, similarly, between law enforcement and the community particularly, community groups who have historically been harmed by law enforcement should be encouraged, so there may be shared understandings of perspectives, understanding, expectations, hopes, and desires. The interactions should be encouraged in venues and spaces such as non-enforcement, interactions should be various community engagement opportunities, educational opportunities where law enforcement officers and community partners can explain policies and procedures, the legal foundation for law enforcement officers’ actions, law enforcement officers’ roles, responsibilities and transparency on accountability. Councilmember Kragness asked for data on the impact of inoperable windshield wipers on traffic safety in comparison to the interaction between the public and law enforcement it would cause. Chief McDaniel stated he would ask the crime analysts to obtain that specific data. Dr. Edwards noted experiences of law enforcement were heavily utilized beyond just data. Councilmember Lawrence-Anderson noted it is State law that windshield wipers should be on during snow and rain. Also, it is a law that tabs need to be on vehicles. She asked if the City would have any liability risk for not enforcing certain rules if they result in bodily harm. Mr. Hill stated the City has no liability. Mayor Graves pointed out there were a few additional recommendations of unnecessary traffic stops in the recommendation from DKIC that were not included in the current presentation. She added a policy as recommended by staff would not prohibit law enforcement from citing someone for one of the traffic violations. Instead, the policy doesn’t allow law enforcement to pull someone over solely on the basis of an included traffic violation. 6/26/23 -5- Councilmember Kragness asked if an individual was driving in a rain storm without their windshield wipers on, during which circumstances would law enforcement pull them over. Chief McDaniel stated he would pull the person over for a safety issue to inform the person that their wipers aren’t on. Councilmember Jerzak asked how the rank and file feel about the proposed policy. Chief McDaniel stated it is hard to recruit a new officer that would already be trained on not issuing certain citations. The Department would very likely lose some of the current officers. Mayor Graves asked for the audience to remain quiet during the presentation. Ms. Turk pointed out the intention of the policy is to improve safety for both law enforcement and residents. Councilmember Jerzak stated a concern of his is that with the multiple jurisdictional law enforcement in the area, such as County Sheriffs, highway patrol officers, and Metro Transit police, there would be wildly inconsistent enforcement of such a policy. Also, it may escalate the situation even more if an external law enforcement agency were to not follow the policy as Brooklyn Center Police Department personnel would have to. Councilmember Jerzak added some constituents have expressed concerns that they pay for their tabs, but the policy would excuse others from paying their tabs. Also, a driver could be confrontational with another jurisdiction’s officers if they were cited for tabs while they didn’t have to pay for tabs in Brooklyn Center. Councilmember Jerzak explained there would be robust community education prior to implementing any new policy. The staff has already discussed strategies on how education can be ongoing within Brooklyn Center. Councilmember Jerzak asked how the City should handle non-residents that travel through Brooklyn Center. Chief McDaniel stated the policy wouldn’t be applicable to any other law enforcement agency. He foresees that the Department could receive calls asking who pulled someone over in violation of the policy. Councilmember Butler thanked DKIC and the staff for their effort. She stated there are several incorrect perceptions about the purpose of the policy. Many opponents don’t understand what it’s like to be a person of color or to be targeted while simply driving. There needs to be some changes in the way policing works. Councilmember Butler added there is a misconception that the policy would make the community less safe. However, fewer traffic stops would allow law enforcement to focus their efforts on more serious crimes. As for the concern about paying for tabs, the real issue at hand is safety. No one shows up to someone’s door with a gun to ask why they haven’t paid their housing taxes. 6/26/23 -6- Councilmember Butler requested for members of the audience to be quiet or they risk being removed from the meeting. Councilmember Lawrence-Anderson asked for staff to make the PowerPoint available to the public. Dr. Edwards confirmed that would be done. Mayor Graves pointed out there were slides regarding town hall feedback in the PowerPoint that were skipped over. She asked for those to be reviewed. Ms. Turk stated common themes from the town hall meetings included: restoring trust between the community and law enforcement with the hope that this may help rebuild trust by limiting negative interactions with law enforcement, accountability, limiting traffic stops for equipment violations will allow law enforcement to be more efficient and focus on more serious crimes, a number of the equipment violations are dangerous or will hinder law enforcement, the idea of "fix-it tickets" were very popular to fix vehicles and create positive interactions with law enforcement if the City council does nothing will further erode trust, people should pay for their tabs, and noise and pollution are also negative side effects of allowing equipment violations to continue. Mayor Graves noted the Council agrees with the recommendation to increase interactions between law enforcement and the community, particularly community groups who have historically been harmed by law enforcement should be encouraged in venues and spaces such as non-enforcement, interactions should be: various community engagement opportunities, educational opportunities where law enforcement officers and community partners can explain policies and procedures, the legal foundation for law enforcement officers’ actions, law enforcement officers’ roles, responsibilities and transparency on accountability. Mayor Graves asked if there was a consensus to separate the traffic stops and consent search subjects. There was no objection from the Council. Mayor Graves asked if there was consensus from the Council to regulate consent searches via policy. Ms. Turk stated the staff recommendation is for consent searches to comply with State law, in which a law enforcement officer may only pursue a consent search of a motor vehicle if they can articulate reasonable suspicion. There would be robust community education on what the stops should look like and individuals’ rights. Mayor Graves stated she has had her vehicle searched via consent. Otherwise, there needs to be probable cause or a search warrant for a search to be legal. Dr. Edwards stated all searches would require reasonable suspicion. Mayor Graves noted she would prefer no consent searches be done. Ms. Turk asked Chief McDaniel to walk them through a traffic stop. Chief McDaniel stated the first concern during a traffic stop is safety. If they are assisting another agency, he would not search unless the other agency gave him clear probable cause. In the case of a consent search, he would ask the driver for permission for the vehicle to be searched. The 6/26/23 -7- recommendation is for both the community and law enforcement to receive further education on consent searches. There needs to be a clear reason for an officer to ask for consent to search. Mayor Graves asked Council if they should allow consent searches or not. There was no response. Chief McDaniel recommended the City Attorney speak to if they can create a policy against consent searches that would still comply with State law. Mayor Graves asked if an individual was pulled over for a consent search, does the driver know why there would be probable cause to ask for a consent search. Chief McDaniel stated an officer must have a clear and concise reason to ask for a consent search. The officer may or may not share a clear and concise reason with the driver. Mayor Graves stated there would be a thirty-minute public comment opportunity. Dr. Edwards noted the traffic stop policy recommended by staff was put together to promote both community member and law enforcement safety. Part of the settlement at hand requires that the City addresses traffic stops. Ten traffic stop items are detailed in the settlement agreement, so the City doesn’t have discretion in that area. Councilmember Lawrence-Anderson stated she has been involved in all of the settlement sessions, and she has not heard about the requirement to address ten specific traffic stop issues. Dr. Edwards stated they are unable to discuss the settlement during an open session. Councilmember Jerzak asked if there was consensus from the Council regarding a policy in comparison to an ordinance. He asked what could be commented on by the public. Councilmember Jerzak added the staff recommendation includes an explanation that they hope to promote the spirit and intent of The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Act. However, he has asked for the opportunity to review the Act multiple times without a response. He noted his agreement with Councilmember Lawrence-Anderson as he was unaware of the requirement of the settlement. Mayor Graves stated there was time for a twenty-minute public comment opportunity. She asked for the commenters to be respectful and concise. Mayor Graves opened the public comment period at 8:30 p.m. John S. noted his appreciation of the presentation. DKIC’s recommendations were regarding the actions of the Brooklyn Center Police Department in order to establish a sense of trust. He doesn’t have any concerns about other jurisdictions. Law enforcement needs more training in working with the diverse population reflected in the City. Brooklyn Center needs to stay in touch with the data and trends of policing from across the nation. Emma P. stated she has a Master’s in public policy and was a Police Explorer for over five years. 6/26/23 -8- She explained the role of the Council is to create laws, and they don’t need to consider the feelings of the law enforcers. She urged the Council to stop consent searches entirely in Brooklyn Center. She explained a study about the impact of training on consent. Ultimately, law enforcement have a level of authority that most people submit regardless of training. It is practically a violation of Fourth Amendment rights. Adam L. stated that he is a Ph.D. candidate in political science. DKIC has thoroughly reviewed the data. Traffic stops unfairly target certain populations and promote distrust between the public and law enforcement. Traffic stops are unsafe for all involved parties. Lori B., member of the DKIC, noted the two Chairs of the DKIC were not present at the meeting. DKIC presented the recommendations to the Council in September 2022 after several delays. DKIC was informed at the last minute, and the staff was well-aware that the Chairs were unable to attend that evening. DKIC could have answered most of the questions raised by the Council. Lori B. shared a quote from a mother of a person killed by law enforcement about cultural conditioning and systemic change. A traffic stop should never end a life. Maddie P. stated she has worked in law enforcement settings for almost ten years. There are racist people within law enforcement, and policies need to be implemented to counteract that truth. Traffic stops are frightening even for white women like herself, and it is even scarier for people of color. Zedarius introduced himself as a community advocate. He stated a policy would likely not have enough teeth for enforcement and could easily be changed down the line. On the other hand, an ordinance can have repercussions and takes a lot more effort to change. If something is legal as a policy, it is legal as an ordinance. Brooklyn Center had been leading the charge to implement change, but they are falling behind now. Zedarius pointed out a large majority of traffic stops do not result in a larger charge. It creates a great deal of unsafe situations instead. He shared an experience of being pulled over and how fearful he was. Joylenna G., a member of DKIC, noted her agreement with the comment about ordinances being preferred over policies. There is more external accountability. Joylenna G. stated the published packet includes stats on recovered guns, but that was not covered in the presentation to Council. The stats didn’t have any dates or timelines. DKIC always showed any sources or relevant dates when presenting data. Joylenna G. shared that her biracial son is regularly pulled over while she is not. Joylenna G. stated the role of Metro Transit police is to patrol transit vehicles and not personal vehicles. Concerns about jurisdiction confusion for Metro Transit police are invalid. People are also very aware of where they are driving due to the reputations of neighboring jurisdictions. 6/26/23 -9- Joylenna G. added the historic data shows time and time again that people of color are pulled over more regularly. Other places that have implemented a similar policy for traffic stops have seen a significant decrease in racial disparities. Randy C. noted he attended the town hall meetings. He asked how the policy recommendations create more trust within the community or more positive interactions with law enforcement. He explained he is looking for safety in his city. Traffic violations can have a large impact on traffic safety. The “fix-it” tickets are a great option. The Council needs to consider the safety of all residents rather than only those represented by historical data. Mark V., a member of DKIC, noted there was a graph included in the DKIC presentation to the Council that showed that the vast majority of traffic stops in Brooklyn Center were conducted by Brooklyn Center officers. Julie B., a member of DKIC, stated they are having this discussion because a young man was killed by a Brooklyn Center police officer. Chief McDaniel has previously expressed interest in community policing. However, the presentation was focused on the impact on police officers rather than on the impact on the community if something doesn’t change. The community has financially invested in Brooklyn Center, but the police get to go home to other cities when their shift is done. Julie B. noted the dashboard is rather clunky. Many community members feel as though law enforcement is unable to do their job, but that is not true. Jeff L. noted his appreciation of the community education component. He stated the traffic violations that impact safety need to be enforced. It doesn’t make sense for law enforcement to choose which laws to enforce and which ones to not enforce. The “fix-it” tickets are a great option. Mayor Graves closed the public comment period at 9:05 p.m. Tanya J. asked why she didn’t get an opportunity to speak. Mayor Graves stated there were a number of people who didn’t have the chance to speak. Mayor Graves stated St. Paul implemented a similar policy in September 2021. They have had a large reduction in traffic stops and also in the racial disparities of stops. The Ramsey County Attorney confirmed the statistics show a significant change. Mayor Graves asked if there is a consensus of the Council to regulate traffic stops and consent searches. She pointed out she would like to see regulation via policy. It was recommended by the staff and tangible impacts have been seen elsewhere. Councilmember Lawrence-Anderson asked who would write the policy. Mayor Graves stated staff would draft a policy and bring it back to the Council for discussion and review. Councilmember Jerzak explained he could support a policy, but it would be more difficult to 6/26/23 -10- support an ordinance. It would be important for staff to consult with police unions to craft something that supports all parties. Councilmember Butler stated she wouldn’t support a policy or an ordinance for consent searches. However, she is on the fence about traffic stops. Councilmember Kragness noted she works in a different City and was pulled over for a moving violation. The officer asked if she had been drinking, but she said she hadn’t. The officer then left. If he had asked to search her vehicle, she would likely have felt required to consent, and it would have been terrifying. It is important for the public to know their options and legal rights. Overall, she was in support of a search policy. Councilmember Lawrence-Anderson agreed she supports a policy for traffic stops, as long as it is a collaborative effort between administrative staff and law enforcement. She is unsure about consent searches. The majority consensus of the City Council was to pursue a policy regarding traffic stops. There is an interest in seeing some more information and drafted language regarding consent searches. Dr. Edwards added staff is still wondering if there is a consensus to move forward with the tiered traffic stops recommendation. The recommendation is essentially to write a policy that law enforcement would make a good-faith effort to avoid traffic stops with low safety impacts. There is then discretion for law enforcement to pull over higher safety impact traffic stops. Ultimately, the primary reason for pulling someone over cannot be a minor vehicle violation. Councilmember Kragness stated she would like to see language regarding “good faith judgment” as that is contradictory to building trust in the community. Mayor Graves noted her agreement. Dr. Edwards confirmed the policy would be crafted and returned to the Council. Councilmember Lawrence-Anderson asked if the Implementation Committee is done with their work now or if they would continue to provide input. Mayor Graves agreed the Implementation Committee deserves a decision from the Council on both recommendations they presented before officially disbanding. She stated she would provide an update to the Implementation Committee and bring information back to the Council again. Councilmember Kragness noted her appreciation for all staff and community members who have stepped up and participated in the process. Mayor Graves agreed. PENDING LIST FOR FUTURE WORK SESSIONS UPCOMING ITEMS • Memorial Policy • Special Assessment Policy/Franchise Fees (referred to Financial Commission) 6/26/23 -11 - • Beautification and Public Art Commission • Liquor Store 2 • Organizational Chart-Budget work sessions • New and Repeat Type IV Rental License Review (referred to Housing Commission) • Food Truck Ordinance/License • Emerald Ash Borer Policy Review (referred to Park & Rec Commission November) • Opioid Settlement • ARPA Funds • Police Labor Study • Grants: Revenues & Expenses • Purchasing Policy • Commercial Vacant Building Fees • Interveners Impact ADJOURNMENT Councilmember Jerzak moved and Councilmember Butler seconded the adjournment of the City Council/Economic Development Authority Work Session at 9:18 p.m. Motion passed unanimously.