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1991-11-04 Special CC MinutesSPECIAL COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL NOVEMBER 4, 1991 The Special presiding. ROLL CALL- 327 Meeting was convened at 6:30 p.m., with President Withrow The Pledge of Allegiance was led by Councilmember Roth. Present: Councilmembers Arnerich. Camicia, Lucas, Roth and President Withrow - 5. Absent: None. President Withrow announced that at the Closed Session, convened at 6:30 p.m., Council adjourned to Closed Session to consider: 91-745 Personnel Matters: Evaluation of Appointed Employees; Appointment, Employment and Dismissal of Certain City Employees; pursuant to Government Code Section 54957 of the Brown Act: President Withrow stated the Council reviewed and reached a consensus on a formal annual evaluation for the three appointed employees, the City Manager, City Attorney and City Clerk; they will, within seven days, be provided a written evaluation on the Council's opinion on how they have performed in their roles, and the type of things Council would like to see them focus on in the coming year. 91-746 Significant Exposure to Litigation, pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: President Withrow stated no action was taken. 91-747 Resolution No. 12167 "Condemning and Apologizing for the Racially Oriented Comments made by certain City of Alameda Police Officers and Reaffirming the City's Commitment to Eradicating Racism. * Written Communication from Natalie Fay, Alameda, recommending the termination of the Police Officers responsible for recent racist messages. President Withrow stated there is no question in his mind that each member of the Council, including himself, were severely embarrassed and shocked over what it considers the repugnant action taken by four police officers; commented on the background of the matter, noting discovery of the behavior during a routine Police Department audit, the Chief of Police, at his own volition, chose to take the action to the public, to send a message to officers throughout the force and to the community that such behavior would not be tolerated; that the City is proceeding in conformance with due process of law; explained the review process, including the Appeal process; nothing that the Council, by Charter, by law, in the City Manager-type structure, is precluded from interfering in personnel matters of the City staff; Council will conform to that legal process in order to ensure that whatever is proper takes place, and is bound by that process irrespective of how emotionally we may feel about it, how upset we may be; and each Councilmember is exceedingly upset. November 4, 1991 Councilmember Lucas stated she supports the Mayor's statements; Council feels the need to apologize to the community for damage and insults caused by four officers on all Alamedans; Council wants a community that will live well together, and will not tolerate actions or words by police officers who will not provide fair and equal treatment to all citizens; hopes Alamedans will accept the apology and work together for a future where such things do not occur. Councilman Arnerich moved adoption of the resolution. Councilmember Lucas seconded the motion. Councilmember Roth stated he would like the resolution amended to state the apology is to "all" rather than just to "all Alamedans." Councilman Arnerich agreed to amend his motion. Councilmember Lucas seconded in agreement. Don Roberts, Alameda, stated he would encourage Council to hear the speakers before voting. Councilman Arnerich stated he would withdraw his motion until after the speakers are heard; agreed with President Withrow that Councilmembers are policy makers of the City and cannot be involved in disciplinary action which is left to the chief administrative officer, the City Manager; what has happened is repugnant, has hurt everyone very much, and Council must apologize. Councilmember Camicia stated he also wants to apologize for the comments that were made; there is no question that all of Council feel very strongly about this issue, are disgusted about what happened, and some officers should be fired; but the problem is that Council does not have the power; the Council in Los Angeles was not able to fire officers involved with Rodney King; in order to rectify this problem, Council must be very careful to follow every rule. Councilmember Roth stated he is very sorry [the incident] happened; there are some redeeming qualities in the fact that it was caught by the Police Department and brought forward by the Police Department, and he believes there has been no attempt to cover up anything; some training programs are in place to ensure [such incidents] do not happen again, and those programs will be strengthened. Anthony Bradford, Oakland, stated he is disturbed about the incident, and this type of behavior causes people to be afraid to call on the police when they have a problem. Albert DeWitt, Alameda, stated he lived in the City 37 years, raised his children here, loves the City and community in which he lives; the police are an honorable group doing a hard job, and the question is how to keep a quiet community, honor police and remove bad policemen who discriminate. Maxine Jackson, Oakland, President, NAACP, Alameda Branch, stated she has secured, for representation, Jim Chanin and Julie Houk [Attorneys-at-law], who will do a thorough investigation. November 4, 1991 Lorrain Taylor, Alameda, stated she does not condemn the entire Police Department, has called on police who have helped her and she wrote a letter expressing her gratitude; she now is writing a letter regarding the incident calling for dismissal of officers involved. Muhammed Ali, Alameda, stated officers should be terminated; the statements made were professionally unethical and morally wrong. Bonny Moore, Alameda, stated there is a problem in the training; suggested Council has the power to set up a commission that can impartially look at this; she has done such with the Navy, and volunteers her service. Julie Houk, Alameda, Attorney for NAACP, stated, by only releasing a partial transcript, the City is doing a disservice to the people targeted by the racial slurs; the officers should be fired; a full audit of all transcripts should be conducted; a wider investigation should be made; commission has been suggested, and rather than just the Chief of Police imposing discipline, outside oversight is needed. Catherine Wright, Alameda, stated she has worked in Alameda as a low-income advocate; does not accept Council's apology; and does not believe Council has no power. Dwayne B. Hall, Alameda, stated Council should be ashamed of allowing the Chief of Police to jeopardize the integrity of other officers and the Department by hesitating to release names of officers who made statements; African-Americans no longer feel safe with the Police; Council should show sincerity by its actions; other ethnic groups are moving in and this City will change. Councilmember Camicia stated he wants to make clear that the majority of the Los Angeles City Council are minorities but were unable to remove officers that beat Rodney King; if Council breaks rules to remove officers, there is every indication the officers would get jobs reinstated and back pay, which would send a message to everyone that it is alright to be racist and their jobs cannot be threatened. Dorothy Kinerman, Alameda, stated she brought her children to school in Alameda; all are equal in God's sight; being mistreated is not a good feeling; when the law is broken a penalty must be paid; she hopes and prays the police officers' hearts will be changed. Reverend Betty Williams, Alameda, stated she was upset at statements made; would like the officers to be terminated, would like to know the names of the officers; would like review of tapes for the last few years; and would like to serve on a committee if one is formed. Lawrence Van Hook, Alameda, stated verbal slander crucifies people; the officers should be removed immediately; he would like the money from officers' suspension to be used to put youth in training to become police officers; requested officers be taken off the streets. Mosetta Rose London, Alameda, stated she has done a lot of work in this community to promote racial harmony; read a poem she wrote concerning the incident and its results; and requested racism be November 4, 1991 removed from the police force. Kamala Valencia Wright, Alameda, stated people have requested help many times; expressed concerns that Council is powerless, about credibility of police; doubt that officers' names are unknown to Council; asked why President Withrow states the names are unknown. President Withrow commented on the need for due process. John Carmody, Alameda, stated Alameda has fine officers but four have disgraced the City; discussed sexual harassment case of two years ago; noted sensitivity training is good but making sure policy is carried out is the responsibility of City leaders and policy makers. John Scott Graham, Alameda, commented on his personal experiences related to racism. Roy Mita, Alameda, stated he favors the apology because it is a first step in recognizing a problem; questioned why officers would put words on computer; would like community-type organization to investigate Police Department; would like a Human Rights Commission to deal with all City employees; discussed revealing names of officers. Kelly Hartman, Alameda, stated if something is not done about Police Department racism, she will tell her cousin Oprah Winfrey [television personality] and when she comes, Council will be on national daytime television. Phyllis Marshall, Member, NAACP, described NAACP's complaint process; requested Council recognize NAACP as wanting to do what is right; stated Police Department needs to spend all of its time taking care of business, not harassing people. Nick Cabral, Alameda, stated his family had been in Alameda since 1906; he works in Alameda with youth; has told them they must be responsible for what they do, or pay the price; the officers must pay the price; City attitude is at fault; he was Man of the Year in 1976 but no one invited him to join a service organization so he could promote youth work, because he is a man of color; Council must make a commitment; and the commitment should be to fire them. Clayton Guyton, Alameda, stated this is a government of the people, by the people, and for the people, and the people are speaking in a united voice to remove officers off the street; a commitment should be made to fire the officers; a strong signal should be sent so the community can regain trust in the Police Department; if Council does not take action, it is forcing people to take action, which is divisive. David McIntyre, Alameda, stated a company was hired about a year and a half ago to review the Police Department; Council should find out what the scope of the problem is, and start at the top; and if Council cannot handle it, then Council should resign. Anthony Amaya, Alameda, stated some people are afraid and are not November 4, 1991 331. calling the police; something needs to be done. Orlando Bouttie, Alameda, stated if you can't trust the police, who can you trust. Alex Nonan, Alameda, stated, as a youth in the community, when he does something wrong, he has to pay for it; and if the police officers are doing something wrong, that should be taken care of. President Withrow stated the public session is closed; and there is a motion and second for the resolution. At Councilmember Lucas's request, the City Attorney explained who can request firing the officers and what the legal process is, noting Charter, Section 7-4 states the Chief of Police has the authority "to discipline any employee under his control by imposition of a fine not to exceed one month's salary or by suspension without pay for not to exceed thirty days, or other penalty, less than dismissal, subject to Appeal to the City Manager who shall have the final authority to affirm, modify, or revoke such penalty without Appeal therefrom;" and that speaks about discipline for less than thirty days, and that is within the jurisdiction of the Police Chief; in excess of thirty days, which would include termination, the jurisdiction for the initial decision is with the City Manager and after either decision is made, there are specific requirements for due process of law that must be followed, including notice, an opportunity to be heard, appeal processes, etc., covered both by the Constitution, the Police MOU and case law; also she would like to point out to Council that they [Council] are under specific restrictions, under the Charter, from interfering with the City Manager; and read Section 7-3 of the Charter; Council is the policy making body; and it is the City Manager or the Police Chief that makes the decision about disciplining or terminating an employee. At the request of Councilman Arnrich, the City Attorney explained that Penal Code 832-7 is a provision that claims that police officer personnel files are confidential and there is a clause in there "except for civil or criminal discovery;" until June of 1990, that Code Section prohibited the City from releasing police personnel files, however after that time an Appellate Court case came down that made that section now unclear; the City could have used that Section to block the public release of the MDT transmissions, the ranks of the officers, or the names, or the statements, however, the City chose not to use that, nor the provisions of the Public Records Act, and balanced the public interest in disclosure being greater than the public interest in non-disclosure. The City Attorney, at the request of Councilman Arnerich, explained the Peace Officer Bill of Rights, a complex set of legislation that gives peace officers specific rights and privileges; the Skelly Rights which sets forth minimum due process requirements for notice and hearing, an opportunity to be heard, prior to imposition of any type of discipline; explained how it affects due process that must be given before discipline can be imposed. Councilmember Roth questioned, since Council sets policy, can Council November 4, 1991 change [the requirements]. President Withrow inquired if changes could be made retroactively. The City Attorney stated Council cannot retroactively make changes but can evaluate imposing and setting forth some stringent discipline or criteria for discipline; what must be taken into consideration in imposing discipline is the officer's record or the progressive nature of the discipline, the type of activity; there are four different officers and each made different statements. President Withrow questioned whether Council could establish a policy which would subject employees to immediate dismissal for actions like those alleged to have occurred with the four police officers. The City Attorney replied not immediate dismissal because due process would still be necessary. President Withrow inquired if Council can take any action whatsoever to affect, right now, the discipline that is placed upon the four officers. The City Attorney replied no. The motion was carried by unanimous roll call vote - 5. Councilmember Roth noted the resolution includes the statement "Be it further resolved that we are determined to eradicate the racism expressed by four officers and promise to do our best to ensure that Alameda City Government provides fair and equal services to all;" and concluded that the resolution is the first step. * * * * * Following brief discussion, Council, by consensus, agreed to consider reports (91-749) regarding reduction of salaries, and (91-750) regarding reorganization, at a future Special Council Meeting. [Subsequently reagendized for November 14, 1991] * * * * * 91-748 Cultural and Ethnic Diversity Training Outline. Councilmember Camicia stated in response to the release of the information about the Mobile Digital Terminals [MDTs], be believes it appropriate that Council put together a committee that would develop goals and objectives for cultural diversity training for all City employees; he believes it appropriate an outside group come in at this time, to set goals and objectives for this community to reach for, in terms of sensitivity training and eradicating any racism that exists; he has suggested the committee structure; Council and public may have other suggestions, but he wants it started quickly; the committee is to be a short-term group, not huge, and not dominated by people already involved in City government. Councilman Arnerich stated he has no fault with the statement and position of Councilmember Camicia regarding diversity training program and also to look into Alameda's problems; however he favors a number of people in the community who know and can best serve the November 4, 1991 333 community; he does not agree Assemblywoman Barbara Lee [listed in Camicia's Diversity Training Outline] would be a viable choice for Alameda; Alameda has Mr. DeWitt who has served the community for many years; Reverend Betty Williams has offered her services, he has no problem with the organizations mentioned [NAACP, SSHRB, United Pilipinos of Alameda]; he would like Asian citizens represented, possibly by Roy Mita; believes a list of persons could be looked at, time taken to organize and the true ethnic makeup of Alameda reflected. Councilmember Camicia stated that is perfectly acceptable, but he would stress that he would like the Committee to become active quickly, and its goals and objectives for diversity training moved back to the staff quickly so Council can begin. Councilmember Lucas stated she completely agrees with the idea, which is a timely suggestion; getting started immediately is important; she would like a few more members at large from the community also included to allow input from all groups in the community. At Councilman Arnerich's request, the Personnel Director explained the cultural diversity training program for all City staff, intensive training in January through April, 1991, was given to 322 of the City's 550 employees; more sessions are scheduled; suggested the trainers from Personnel, Police and Fire be on the Committee to hear citizen input firsthand; Council adopted a policy prohibiting harassment and discrimination of any kind, at the July 16, 1991, Council Meeting; Police Department has an outstanding training effort in their training program; believes the incident which is the subject of this item, and happened in 1990, would not happen in 1991 and the City is working very hard to make sure it does not and staff is willing to accept any suggestions to strengthen training. Councilmember Camicia stated the City of Hercules is successful, due partially, because it focuses its training on that particular community. The Personnel Director noted differences are not to be stressed; the need is to look at persons individually and understand differences, e.g., ethnic, religious, educational, socio-economic level, and treat each as a worthwhile person. * * * * * Councilman Arnerich moved to extend the meeting past 11:00 p.m. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. * * * * * Councilmember Lucas stated Councilmember Camicia's proposal requested cooperation of the NAACP; and inquired if NAACP representatives present would like to comment; and they responded affirmatively in favor of cooperation. Councilmember Camicia inquired if approving the matter in concept, and seeing what signups and structure presents itself, would be appropriate. President Withrow inquired if Councilmember Camicia wanted the November 4, 1991 Committee set up as a Mayor's Committee, as it is the most expeditious in terms of time to put the Committee into effect. Councilmember Camicia agreed. Councilmember Roth stated he would want the matter to proceed without the necessity of coming back to Council for nominations. Councilman Arnerich expressed a desire for a group of City of Alameda citizens to serve. Councilmember Camicia moved the concept, along the lines of Council's discussion. Councilmember Lucas seconded the motion. The motion carried by unanimous voice vote - 5. 91-749 Report from Vice Mayor Karin Lucas regarding reduction of salaries of appointed officials by five percent. Not heard. Held over. See paragraph immediately preceding 91-748. 91-750 Report from City Manager concerning the reorganization of certain departments and contracting for City services. Not heard. Held over. See paragraph immediately preceding 91-748. ADJOURNMENT President Withrow adjourned the meeting at 11:05 p.m. Re. .ectfu].ly submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in accordance with the Brown Act. November 4, 1991