Public Safety Committee

ALBANY COMMON COUNCIL PUBLIC SAFETY COMMITTEE MINUTES Thomas Hoey, Chair Meeting called by: Thomas Hoey, Chair | Date: October 3, 2023 | Time: 5:36 PM Committee Members Present: Hoey, Chair ☒ | Balarin ☒ | Flynn ☐ | Frederick ☒ | Kimbrough ☒ Council Members Present: Anane City Personnel Present: Jake Eisland (Research Counsel), Bryan Jimenez (Senior Legislative Aide), Max Thierry (Junior Policy Analyst) Minutes Topic(s) of Discussion:  RESOLUTION 97.101.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING NAIROBI VIVES AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD  RESOLUTION 98.101.23R A RESOLUTION OF THE COMMON COUNCIL REAPPOINTING PAUL COLLINS- HACKETT AS A MEMBER OF THE COMMUNITY POLICE REVIEW BOARD  ORDINANCE 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CLARIFYING THE STANDARDS AND MODIFYING ENFORCEMENT GUIDELINES FOR LOITERING Speaker(s): Nairobi Vives, Chair of the Albany Community Police Review Board Discussion  The Chair called the meeting to order and introduced the topics of discussion. He said that Resolution 98.101.23R would be held until the next Public Safety Committee meeting. He then asked CPRB Chair Vives to make a statement as part of the Committee’s consideration of Resolution 97.101.23R.  Resolution 97.101.23R o CPRB Chair Vives spoke on CPRB Secretary Paul Collins-Hackett’s absence before outlining her service as a member and elected leader of the Board. o The Chair asked whether committee members had any questions. o Council Member Kimbrough thanked CPRB Chair Vives for her and the Board’s work.  CPRB Chair Vives thanked Council Member Kimbrough. o The Chair Recognized Council Member Frederick. o Council Member Frederick thanked CPRB Chair Vives for her service.  CPRB Chair Vives thanked Council Member Frederick. o Council Member Hoey recognized committee and council members present. He spoke on CPRB’s work and thanked CPRB Chair Vives for her work on the Board.  o The Chair recognized Council Member Balarin. o Council Member Balarin spoke on CPRB Chair Vives’s work and thanked her for her service.  CPRB Chair Vives thanked Council Member Balarin. o The Chair recognized Research Counsel Jake Eisland. o Eisland spoke on language in the Board’s enabling legislation that would prevent CPRB Chair Vives from finishing another full term, unless the legislation is amended in the next three years.  CPRB Chair Vives thanked Eisland.  Council Member Hoey expressed a desire to amend the law. o The Chair recognized Council Member Anane. o Council Member Anane thanked CPRB Chair Vives for her leadership.  CPRB Chair Vives thanked Council Member Anane. o The Chair asked for motion to move Resolution 97.101.23R out of the Public Safety Committee with a positive recommendation.  Council Member Frederick so moved, and Council Member Kimbrough seconded. The motion passed by voice vote.  The Chair thanked CPRB Chair Vives for attending and spoke on the step for the resolution. o CPRB Chair Vives thanked the Committee.  The Chair said that Resolution 98.101.23R would be held until the next committee meeting and introduced Ordinance 5.21.23 as the next topic of discussion. He asked Council Member Anane to explain the ordinance’s intent and effect.  Ordinance 5.21.23 o Council Member Anane thanked the Chair before explaining the purpose and scope of the ordinance’s proposed amendments to existing law. o Council Member Hoey asked Eisland about existing Public Urination law.  Eisland spoke on adding violations of existing Public Urination law as a legal purpose under Loitering. o Council Member Hoey asked Eisland about the amendments to the law’s enforcement.  Eisland spoke on the ordinance’s modification to the scope of probable cause in the existing law. o Council Member Hoey spoke on the scope of the ordinance’s amendments to existing law.  Council Member Anane said that Public Urination is already prohibited but that it is not included as a legal purpose under Loitering.  Eisland spoke on adding violations of existing Public Urination law as a legal purpose under Loitering. o The Chair asked whether committee members had any questions. o Council Member Frederick asked the Chair whether public comment would be heard.  The Chair said yes. o Council Member Frederick asked whether Corporation Counsel’s statement on the ordinance could be read into the record.  The Chair said yes and recognized Eisland.  Eisland read the statement from Corporation Counsel into the record.  The Chair asked Council Member Frederick whether she had finished her question, to which Council Member Frederick responded. o The Chair recognized Council Member Balarin. o Council Member Balarin spoke on historic policing practices and voiced support for the ordinance. o The Chair recognized Council Member Kimbrough. o Council Member Kimbrough voiced support for ordinance. o The Chair recognized Council Member Frederick. o Council Member Frederick asked whether the ordinance would be amended based on Corporation Counsel’s statement.  The Chair recognized Eisland.  Eisland said that the ordinance had already been amended.  Council Member Frederick clarified her question and asked whether the ordinance needed to be amended any further.  Eisland asked Council Member Anane to respond.  Council Member Anane voiced support for a potential amendment regarding the scope of probable cause.  Eisland spoke on the motion needed to move forward with the ordinance conditioned on a future amendment.  Council Member Hoey asked whether the amendment had been proposed before the meeting, to which Eisland responded.  Council Member Kimbrough spoke on the process for prosecuting a violation of the law versus the amendment proposed to the ordinance.  Eisland spoke on the scope of the potential amendment.  Council Member Kimbrough spoke on the difference between prosecutions based on simplified information and those based on regular information.  Eisland said that any amendment should consider the work that Corporation Counsel must take on to help enforce the law. o Council Member Frederick proposed an amendment to the ordinance that would include language that makes explicit the need for a sworn statement.  The Chair recognized Council Member Anane.  Council Member Anane voiced support for the amendment.  Council Member Hoey voiced support for the amendment.  Council Member Anane voiced support for the amendment.  Eisland spoke on the amendment’s potential impact on arresting versus charging.  Council Member Anane voiced support for the amendment.  Kimbrough clarified his support for the amendment.  Council Member Anane voiced support for the amendment.  Eisland asked for clarification on the language of the amendment, to which Council Member Kimbrough responded. o The Chair opened public comment period.  Eisland said the comments beyond the scope of the agenda would be welcomed during the Regular Meeting on Monday, October 16, 2023. o Public comment was heard. o Council Member Hoey asked Marco Flagg to stay and spoke on the safety of residents.  Flagg spoke on the potential to abuse enforcement of the proposed change to existing law.  Council Member Hoey spoke on the need for the legislation and the politics of public safety.  Flagg spoke on the need for proactive programs and policies.  Council Member Hoey spoke on the ACCORD program and its expansion. He also spoke on the need to address public safety issues and related it to the City’s ability to fund proactive programs. o The Chair recognized Council Member Balarin.  Council Member Balarin thanked the speakers and spoke on the disparities between existing violations and existing enforcement.  Katelyn Smith spoke on the need to try different approaches to such violations.  Council Member Balarin voiced support for different approaches and proposed an additional amendment to the ordinance that would require both video evidence and a sworn witness statement. He asked Council Member Anane for his support. o Council Member Anane thanked the speakers and spoke on the populations affected by the ordinance. He voiced support for its passage. o Council Member Hoey spoke on the need to address related issues. He said that the meeting was meant to focus on the ordinance and its proposed changes to existing law. o The Chair recognized Council Member Kimbrough. o Council Member Kimbrough asked for clarification on Council Member Balarin’s proposed amendment to the ordinance.  Council Member Balarin spoke on replacing “or” with “and” in the context of the video evidence or sworn witness statement needed to enforce the law.  Council Member Kimbrough asked Council Member Balarin to clarify, to which Council Member Balarin responded.  Council Member Kimbrough clarified existing processes and asked Council Member Balarin what the situation would be if no video evidence existed, to which Council Member Balarin responded. o The Chair called for order. o Council Member Balarin said that if his amendment was not supported, he would retract it. He spoke on his desire to include a higher standard of evidence in the law.  The Chair recognized Eisland.  Eisland clarified the standards for video evidence with respect to enforcing the law. o Council Member Kimbrough said that he was looking for clarification on the amendment.  Council Member Balarin spoke on his rationale for the proposed amendment.  Council Member Kimbrough said that there is not always video to enforce the law and said that enforcement often works off of sworn statements. o The Chair recognized Council Member Frederick. o Council Member Frederick asked for clarification on the ordinance’s striking of the word “only” from existing law.  Eisland clarified that striking “only” was a grammatical decision that did not affect the meaning of the legislation.  Council Member Anane clarified the rationale behind striking the word “only.”  Eisland said that the legal effect would be the same.  Council Member Frederick thanked Eisland and asked for clarification on the legal effect, to which Eisland responded. o The Chair recognized Council Member Balarin. o Council Member Balarin spoke on outcomes from meeting and asked whether the sponsor supported the “and” versus “or” amendment.  Council Member Anane voiced opposition to the “and” versus “or” amendment. o The Chair recognized Council Member Frederick. o Council Member Frederick asked for clarification on the sponsor’s support of adding “sworn” in the context of a witness statement used to enforce the law.  Council Member Anane voiced support for the “sworn” amendment. o The Chair recognized Council Member Balarin. o Council Member Balarin voiced his support for the “and” versus “or” amendment.  Council Member Hoey asked whether “and/or” was an acceptable substitute.  Eisland said that “and/or” was effectively “or” and spoke on sworn statements.  Council Member Frederick voiced support for the “and” versus “or” amendment.  Council Member Hoey voiced support for the “and” versus “or” amendment.  The Chair recognized Council Member Anane.  Council Member Anane said that he would welcome the “and” versus “or” amendment if a majority of the committee was in favor.  The Chair recognized Council Member Kimbrough.  Council Member Kimbrough asked about the effect of requiring video evidence and sworn statements for the law’s enforcement.  Eisland spoke on the proposed changes.  Council Member Hoey asked about Corporation Counsel’s statement on the ordinance.   Eisland spoke on the need for a sworn statement to accompany video evidence and said that the proposed amendment could have the effect of clarifying procedure for members of the public.  Council Member Anane voiced support for the amendment o Council Member Balarin moved that Ordinance 5.21.23 be passed out of committee with a favorable recommendation pending amendments to be made on Monday, October 16, 2023.  Eisland asked for clarification on the amendments, to which Council Member Frederick responded.  Eisland asked Council Member Balarin about the content of his motion, to which Council Member Balarin responded.  Council Member Kimbrough seconded the motion, which passed by voice vote.  The Chair thanked the attendees. Public Comment: Canyon Ryan, 44 Fairlawn Avenue, Albany, NY 12203—Ordinance 5.21.23 Julian Mostachetti, 67 Sycamore Street, Albany, NY 12208—Ordinance 5.21.23 Diane Deitz, 400 Hudson Avenue, Albany, NY 12203—Ordinance 5.21.23 Mehr Sharma, 13 Myrtle Avenue, Albany, NY 12202—Ordinance 5.21.23 Katelyn Smith, 28 South Pine Avenue, Albany, NY 12208—Ordinance 5.21.23 Francis Magai, 13 Myrtle Avenue, Albany, NY 12202—Ordinance 5.21.23 Marco Flagg, 500 Park Street, Albany, NY 12210—Ordinance 5.21.23 Adjourn: The Chair adjourned the meeting at 6:58 PM. Respectfully Submitted, Max Thierry Junior Policy Analyst Albany Common Council