Antioch Police Oversight Commission

ANTIOCH POLICE OVERSIGHT COMMISSION AGENDA Date: Monday, May 20, 2024 Time: 6:30 P.M. Place: Antioch City Hall – Council Chambers 200 H Street Antioch, CA 94509 ANTIOCH POLICE OVERSIGHT COMMISSIONERS Harry Thurston, Chairperson Porshe Taylor, Vice Chairperson Treva Hadden Alicia Dianne Lacey-Oha Leslie May Mahogany Spears Devin Williams Staff Liaison: Kwame P. Reed, Acting City Manager Thomas Lloyd Smith, City Attorney Brian Addington, Interim Police Chief Commission meetings are live streamed at: https://www.antiochca.gov/government/boards-commissions/#section-apoc. Please see the inside cover for detailed Speaker Rules. ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: publicworks@antiochca.gov. PLEASE TURN OFF CELL PHONES BEFORE ENTERING MEETING LOCATION.  ANTIOCH POLICE OVERSIGHT COMMISSION SPEAKER RULES Welcome to the Antioch Police Oversight Commission meeting. The Commission encourages community participation. The Ralph M. Brown Act guarantees the public's right to address the Commission, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour. How to submit a Public Comment – Members of the public wishing to provide public comments, may do so one of the following ways: 1) Written Public Comment – Written comments may be submitted electronically to the City Clerk at the following email address: cityclerk@antiochca.gov, prior to 3:00 p.m. the day of the Commission Meeting. Please indicate the agenda item in your email subject line. Written public comments received before 3:00 p.m., the day of the meeting, will be provided to the Commissioners before the meeting. 2) In Person – Please fill out a Speaker Request Form, available near the entrance doors, and place it in the Speaker Card Tray near the City Clerk before the meeting begins. Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (up to 3 minutes). If there are several speakers, the amount of time allotted may be modified at the Chairperson’s discretion. Record of all public comments – All public comments will become part of the official public record and subject to disclosure under the Public Records Act. All public comments will be retained on file by the City Clerk’s Office; entered into the official meeting record and will be available to the public upon request. Written public comments will not be read during the Commission Meeting. Notice of Availability of Reports The Antioch Police Oversight Commission will meet regularly on the first and third Mondays of the month at 6:30 p.m. (except during the months of July and December when regular meetings shall occur once per month). The Antioch Police Oversight Commission Agendas are posted onto the City’s Website 72 hours before each meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: https://www.antiochca.gov/notifications/ and enter your e-mail address to subscribe. To view the agenda information, please click on the following link: https://www.antiochca.gov/government/boards-commissions/#section-apoc.  ANTIOCH POLICE OVERSIGHT COMMISSION’S PURPOSE The purpose of the Commission is to advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on matters of public safety within the City of Antioch to ensure that the Antioch Police Department's policies, practices, and customs conform to national standards of constitutional policing. [Ordinance No. 2212- C-S, adopted May 24, 2022: https://www.antiochca.gov/fc/posc/posc-ord-2212.pdf]. NOTICE OF OPPORTUNITY TO ADDRESS THE ANTIOCH POLICE OVERSIGHT COMMISSION This agenda is a summary of the discussion items/actions proposed to be taken by the Antioch Police Oversight Commission. The public has the opportunity to address the Commission on each agenda item. The Commission can only take action on items that are listed on the agenda. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section on this agenda. No one may speak more than once on an agenda item or during “Public Comments”. Please see the Speaker Rules on the inside cover of this Agenda for information on public participation. AGENDA I. CALL TO ORDER AND ROLL CALL II. PLEDGE OF ALLEGIANCE III. APPROVAL OF THE ANTIOCH POLICE OVERSIGHT COMMISSION MEETING MINUTES OF MAY 6, 2024 Recommended Action: It is recommended that the Antioch Police Oversight Commission approve the Antioch Police Oversight Commission Meeting Minutes of May 6, 2024. IV. PUBLIC COMMENTS Members of the public are given the opportunity to address the Commission on an item that is not on the agenda; up to three (3) minutes. If there are several speakers, the amount of time allotted may be modified at the Chairperson’s discretion. V. DISCUSSION ITEM: OVERVIEW OF THE ANTIOCH POLICE OVERSIGHT COMMISSION ORDINANCE Recommended Action: It is recommended that the Antioch Police Oversight Commission receive and file the presentation. ANTIOCH POLICE OVERSIGHT COMMISSION [1] MAY 20, 2024  VI. NEW BUSINESS 1. INTERIM POLICE CHIEF BRIAN ADDINGTON’S REPORT The Police Chief (or designee) will provide an update on information relevant to the mission, purpose, and work of the Antioch Police Oversight Commission. A. Staff Presentation/Update The Active Bystandership for Law Enforcement (ABLE) Program B. Public Comment C. Discussion and Direction 2. FORMATION OF AD HOC COMMITTEES Recommended Action: It is recommended that the Antioch Police Oversight Commission: 1) Determine if it wishes to form the following ad hoc committees and, if so, define the purpose of each ad hoc committee: a. Community Engagement i. Purpose: to develop and recommend, in conjunction with the Chief of Police and the City Manager, educational programs regarding policing in Antioch and community outreach events, such as town hall meetings, forums to communicate information about neighborhood watch programs, and events designed to encourage safety and emergency preparedness. b. Policy i. Purpose: to study, develop and recommend community policing and alternative crime prevention polices and strategies to the Chief of Police, City Manager, City Attorney and City Council, assess and make recommendations regarding the role of social services in public safety; review and make recommendations to the Antioch Police Oversight Commission on policies, procedures, customs, and general orders of the Antioch Police Department. c. Use of Force i. Purpose: to review and make recommendations to the Antioch Police Oversight Commission on the Antioch Police Department’s Use of Force policies and procedures, use of canines and de-escalation techniques; review and assess instances where law enforcement officers have used force to ensure accountability, transparency and adherence to the established protocols and standards. ANTIOCH POLICE OVERSIGHT COMMISSION [2] MAY 20, 2024 FORMATION OF AD HOC COMMITTEES – Continued d. Budget i. Purpose: to review the City Council’s proposed budget, advise whether budgetary allocations for the Police Department are aligned with the Police Department’s policies and procedures, ensure that the budget adequately supports the goals of the oversight body, including promoting transparency, and community engagement. e. Complaints, Internal Affairs, and Hiring Process Ad Hoc Committee i. Purpose: to review and make recommendations to the Antioch Police Oversight Commission on the Antioch Police Department’s Internal Affairs policies and procedures including but not limited to hate crimes or biased-based policing; Complaint policy and procedures that focus on publicly available information concerning the status of civilian complaints and data regarding police use of force; demographics of individuals stopped, searched, or arrested. Collaborate with the Chief of Police, City Manager, and City Attorney to develop a program for the mediation of civilian complaints. In addition, the committee shall review and make recommendations to the Antioch Police Oversight Commission on the Antioch Police Department’s policies, procedures and data regarding training, the hiring process, and demographics of the Antioch Police Department officers and staff. 2) Confirm the appointment of two (2 - 3) members for each of the ad hoc committees. 3) Confirm the duration of each of the following ad hoc committees. 4) Adopt the resolutions forming the ad hoc committees. 5) Next Steps VII. UPCOMING/ FUTURE AGENDA ITEMS The Commission will engage in a working session to discuss and determine agenda items for the upcoming Commission meeting, and to agree on a list of agenda items to be discussed on future agendas. The Commission will work on creating a list of agenda items for future meetings. ANTIOCH POLICE OVERSIGHT COMMISSION [3] MAY 20, 2024  VIII. STAFF COMMUNICATIONS Staff may provide an update on information relevant to the mission, purpose, and work of the Antioch Police Oversight Commission. IX. NEXT MEETING DATE – June 3, 2024, at 6:30 p.m. X. ADJOURNMENT After Staff Communications, the Chairperson/Vice Chairperson will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting. ANTIOCH POLICE OVERSIGHT COMMISSION [4] MAY 20, 2024  CITY OF ANTIOCH ANTIOCH POLICE OVERSIGHT COMMISSION REGULAR MEETING Regular Meeting May 6, 2024 6:30 p.m. City Council Chambers I. CALL TO ORDER AND ROLL CALL Chairperson Thurston called the meeting to order at 6:30 P.M. on Monday, May 6, 2024, in Council Chambers. Acting City Clerk Rosales called the roll. Present: Commissioners Lacey-Oha, Hadden, May, Spears, Williams, and Chairperson Thurston Absent: Vice Chairperson Taylor (arrived at 6:33 P.M.) Staff: Acting City Manager, Kwame Reed City Attorney, Thomas Lloyd Smith Interim Police Chief, Brian Addington Assistant City Clerk, Christina Garcia Acting City Clerk, Vanessa Rosales II. PLEDGE OF ALLEGIANCE Chairperson Thurston led the Pledge of Allegiance. III. APPROVAL OF THE ANTIOCH POLICE OVERSIGHT COMMISSION MEETING MINUTES OF APRIL 15, 2024 A motion was made by Commissioner Williams and seconded by Commissioner Lacey-Oha to approve the minutes of April 15, 2024. Vice Chairperson Taylor arrived at 6:33 P.M. Chairperson Thurston stated that while the minutes were accurate, he would prefer that they include more details regarding the public comments received. Commission Lacey Oha agreed with Chairperson Thurston. Assistant City Clerk Garcia explained that the Clerk’s office prepared summary minutes of actions taken by the Commission. A vote taken on the previous motion to approve the minutes of April 15, 2024, passed by the following vote: Ayes: Hadden, May, Spears, Williams, Taylor Noes: Lacey-Oha, Thurston IV. NEW BUSINESS III Agenda Item Antioch Police Oversight Commission Regular Meeting May 6,2024 Page 2 of 5 1. INTERTIM POLICE CHIEF ADDINGTON’S REPORT A. Staff Presentation – Staffing Update Interim Police Chief Addington provided an update on Antioch Police Department (APD) staffing. B. Public Comment The Commission received public comments from individuals who spoke on the update on APD staffing including Eddie Gums. C. Discussion and Direction Interim Police Chief Addington provided responses to inquiries from the Antioch Police Oversight Commission (APOC) regarding APD staffing. Chairperson Thurston thanked Interim Police Chief Addington for the report. 2. FORMATION OF AD HOC COMMITTEES City Attorney Smith presented the staff report dated May 6, 2024, recommending that the Antioch Police Oversight Commission: 1) Determine if it wishes to form the following ad hoc committees and, if so, define the purpose of each ad hoc committee: a. Community Engagement, b. Policy, c. Use of Force, d. Budget and e. Complaints, Internal Affairs, and Hiring Process. 2) Confirm the appointment of 2 - 3 members for each of the ad hoc committees, 3) Confirm the duration of each of the following ad hoc committees and 4) Adopt the resolutions forming the ad hoc committees. Public Comment The Commission received public comments from individuals who spoke on the Formation of Ad Hoc Committees including Nichole Gardner, Facing Homelessness. Following discussion, the APOC consensus supported the formation of an Ad Hoc Committee to work on the purposes for each of the identified Ad Hoc Committees. On motion by Vice Chairperson Taylor, seconded by Commissioner May the Antioch Police Oversight Commission unanimously appointed Commissioner Spears and Commissioner Hadden to the Ad Hoc Committee to define the purpose for each of the identified Ad Hoc Committees for a period of two-weeks. Discussion ensued regarding the identified Ad Hoc Committees, the APOC provided the following feedback to staff: a. Community Engagement Antioch Police Oversight Commission Regular Meeting May 6,2024 Page 3 of 5  Composition of Ad Hoc - three members  Commissioners Lacey-Oha, Williams and Thurston expressed interest in serving on this Ad Hoc Committee  Duration to be determined b. Policy  Composition of Ad Hoc - three members  Commissioners Lacey-Oha, Hadden and Taylor expressed interest in serving on this Ad Hoc Committee  Duration to be determined c. Use of Force  Composition of Ad Hoc - three members  Commissioners Lacey-Oha, Hadden, May, Spears and Williams expressed interest in serving on this Ad Hoc Committee  Duration to be determined d. Budget  Composition of Ad Hoc - three members  Commissioners Hadden, Taylor, May, Spears, Williams and Thurston expressed interest in serving on this Ad Hoc Committee  Duration to be determined e. Complaints, Internal Affairs, and Hiring Process  Composition of Ad Hoc - three members  Commissioners Lacey-Oha, Hadden, Taylor, May, Williams and Thurston expressed interest in serving on this Ad Hoc Committee  Duration to be determined 3. COMMISSION ACTION ITEM: COMMISSION TO CONSIDER AND SET A MEETING END TIME A. Public Comment The Commission received public comments from individuals who spoke on the Commission to Consider and Set a Meeting End Time. B. Discussion and Direction A motion was made by Commissioner May and seconded to set a meeting end time. City Attorney Smith commented that if approved, an end time should be identified in the motion. Antioch Police Oversight Commission Regular Meeting May 6,2024 Page 4 of 5 A motion was made by Commissioner Williams, seconded by Commissioner Lacey-Oha to set a meeting end time of 9:30 P.M. with the option to extend to 10:00 P.M. by motion. Following discussion, Commissioner Williams amended the previous motion as follows: On motion by Commissioner Williams, seconded by Commissioner Lacey-Oha the Antioch Police Oversight Commission unanimously set a meeting end time of 9:30 P.M. with the option to extend indefinitely by motion. It was mentioned that meetings could end prior to 9:30 P.M. V. PUBLIC COMMENTS The Commission received general public comments from several individuals including Erika Raulston and Nicole Gardner. VI. UPCOMING/ FUTURE AGENDA ITEMS The Commission received public comments from several individuals who spoke on Upcoming / Future Agenda Items including Nichole Gardner, Sara, Nicole Arrington and Tiki Flow. Discussion ensued regarding the APOC members’ priorities for future agenda items. There was a consensus to direct staff to bring back for the next meeting the formation of the Ad Hoc Committees and a presentation of the APOC Ordinance. City Attorney Smith responded that he would give a presentation of the Ordinance regarding the duties and powers of the APOC. On motion by Commissioner Williams, seconded by Vice Chair Taylor the Antioch Police Oversight Commission unanimously approved the following items for the next agenda:  Formation of Ad Hoc Committees  Presentation of Antioch Police Oversight Commission Ordinance VII. STAFF COMMUNICATIONS Chairperson Thurston requested staff provide the APOC with updated rosters and include the districts or groups represented. He also requested the roster and copy of the ordinance be available at future APOC meetings. Commissioner Williams requested name badges for Commissioners. Vice Chairperson Taylor requested a digital copy of the APD Manual. VIII. NEXT MEETING DATE – May 20, 2024, at 6:30 P.M.  Antioch Police Oversight Commission Regular Meeting May 6,2024 Page 5 of 5 Chairperson Thurston announced the next meeting would be held at 6:30 P.M. on May 20, 2024. IX. ADJOURNMENT On motion by Commissioner May, seconded by Commissioner Hadden the Antioch Police Oversight Commission unanimously adjourned at 9:19 P.M. Kitty Eiden KITTY EIDEN, Minutes Clerk  STAFF REPORT TO THE CITY COUNCIL DATE: Regular Meeting of May 20, 2024 TO: Honorable Chairperson and Members of the Antioch Police Oversight Commission SUBMITTED BY: Thomas Lloyd Smith, City Attorney SUBJECT: Discussion Item: Overview of Antioch Police Oversight Commission Ordinance RECOMMENDED ACTION It is recommended that the Antioch Police Oversight Commission receive and file the presentation. FISCAL IMPACT There is no fiscal impact for this item. DISCUSSION Civilian oversight of police departments is an evolving governmental function designed to provide the community with a means to influence police department policies and to help ensure that policing is conducted in a manner that is constitutional, effective, and responsive to the standards, values, and expectations of those served by the police department. The City Council directed City staff to research and make recommendations to the City Council Police Oversight Standing Committee on the potential formation of an Antioch Police Oversight Commission (“Police Commission”). City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies. City staff has prepared an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing. ANTIOCH POLICE OVERSIGHT COMMISSION The purpose of the Antioch Police Oversight Commission is to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by V Agenda Item # Antioch Police Oversight Commission May 20, 2024 Agenda Item V 2 ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing. The Police Commission shall advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch. The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City. The Police Commission shall promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility. The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers. The powers and duties of the Police Commission include the following: (A) Propose changes including modifications to the Police Department’s proposed changes, to any policies or procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation techniques on civilians, hate crimes, or biased-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. All such proposed changes and modifications shall be submitted to the City Council for approval or rejection. (B) Recommend City Council approval or rejection of the Police Department’s proposed changes to all policies and procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation techniques with civilians, hate crimes, or biased-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. (a) If the Police Commission recommends rejection of the proposed policy, the Police Department’s proposed changes, notice of the Commission’s rejection, and the reasons for rejection, together with the Police Department’s proposed changes, shall be submitted to the City Council for review. (b) If the Police Commission recommends approval of the Police Department’s policy, the Police Department’s proposed changes will proceed directly to the City Council for review. (c) If the Police Commission does not approve or reject the Police Department’s proposed changes within sixty (60) days of the Police Department’s submission of the proposed changes to the Police Commission, the Police Department’s proposed changes will proceed directly to the City Council for review. Antioch Police Oversight Commission May 20, 2024 Agenda Item V 3 (C) Review and comment on, at its discretion, any other policies, procedures, customs, and general orders of the Police Department. All such comments shall be submitted to the Chief of Police, the City Manager, and the City Attorney. The Chief of Police shall provide a written response to the Police Commission upon request. (D) Review the City Council’s proposed budget and advise whether budgetary allocations for the Police Department are aligned with the Police Department’s policies and procedures. The Police Commission shall conduct at least one public hearing on the Police Department budget per budget cycle and shall forward to the City Council any recommendations for change. (E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require. (F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief's report in addition to such other matters as are relevant to the functions and duties of the Police Commission. (G) Receive reports from the Police Department on publicly disclosable information concerning the status of civilian complaints. Develop a program for the mediation of civilian complaints, in coordination with the Chief of Police, the City Manager, and the City Attorney. (H) Study, develop, and recommend community policing and alternative crime prevention policies and strategies to the Chief of Police, City Manager, City Attorney, and City Council; assess and make recommendations regarding the role of social services in public safety, including but not limited to those related to mental health, alcohol and substance abuse, homelessness, juvenile justice, and education. (I) Develop and recommend, in conjunction with the Chief of Police and the City Manager, educational programs regarding policing in Antioch and community outreach events, such as town hall meetings, forums to communicate information about neighborhood watch programs, and events designed to encourage safety and emergency preparedness. (J) Request and review data from public records of the Antioch Police Department as needed to effectuate the Police Commission’s powers and duties including data regarding police use of force; demographics of individuals stopped, searched, or arrested; demographics of Antioch Police Department officers and staff; and officer training and qualifications. PUBLIC REPORTS The Police Commission shall draft and issue public reports regarding its duties and Antioch Police Oversight Commission May 20, 2024 Agenda Item V 4 responsibilities. An annual report may be in the form of an update from a previous year's report. The Police Commission may issue additional public reports as it deems appropriate. The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission. All public reports shall omit or redact any confidential or privileged information as defined by State law. ATTACHMENTS A. Ordinance – Antioch Police Oversight Commission  Presentation May 2024 ANTIOCH POLICE OVERSIGHT COMMISSION Powers and Duties  POWERS AND DUTIES: CORE AREAS OF OVERSIGHT Ordinance § 4-3.110 POWERS AND DUTIES. (A) Propose changes including modifications to the Police Department’s proposed changes, to any policies or procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation techniques on civilians, hate crimes, or bias- based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. All such proposed changes and modifications shall be submitted to the City Council for approval or rejection. Antioch Police Oversight Commission  POWERS AND DUTIES: CORE AREAS OF OVERSIGHT Ordinance § 4-3.110 POWERS AND DUTIES. (B) Recommend City Council approval or rejection of the Police Department’s proposed changes to all policies and procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de-escalation techniques with civilians, hate crimes, or bias-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. Antioch Police Oversight Commission  POWERS AND DUTIES: FIRST AMENDMENT ASSEMBLIES The First Amendment, United States Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Antioch Police Oversight Commission  POWERS AND DUTIES: FIRST AMENDMENT ASSEMBLIES First Amendment Assemblies (APD Policy 412) • 412.1 PURPOSE AND SCOPE: Provides guidance for responding to public assemblies or demonstrations. • 412.2 POLICY: APD respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. Antioch Police Oversight Commission  POWERS AND DUTIES: FIRST AMENDMENT ASSEMBLIES First Amendment Assemblies (APD Policy 412) • 412.1 PURPOSE AND SCOPE • 412.2 POLICY • 412.3 GENERAL CONSIDERATIONS • 412.4 UNPLANNED EVENTS • 412.5 PLANNED EVENT PREPARATION • 412.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS • 412.7 USE OF FORCE • 412.8 ARRESTS • 412.9 MEDIA RELATIONS • 412.10 DEMOBILIZATION • 412.11 POST EVENT • 412.12 LABOR DISPUTES • 412.13 TRAINING Antioch Police Oversight Commission  POWERS AND DUTIES: USE OF FORCE Use of Force (APD Policy 300) • This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286). • In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Electrical Weapon policies. Antioch Police Oversight Commission  POWERS AND DUTIES: USE OF FORCE Use of Force (APD Policy 300) • APD Policy 301: Handcuffing and Restraints • APD Policy 302: Control Devices and Techniques • APD Policy 303: Conducted Energy Weapons • APD Policy 304: Firearms • APD Policy 305: Officer-Involved Critical Incident • APD Policy 306: Vehicle Pursuits • APD Policy 307: Foot Pursuits • APD Policy 308: Search and Seizure • APD Policy 309: Major Incident Notification • APD Policy 310: Special Weapons and Tactics (SWAT) & Crisis Negotiation Team (CNT) • APD Policy 311: Canine Antioch Police Oversight Commission  POWERS AND DUTIES: USE OF DE-ESCALATION TECHNIQUES APD Policy 300.3.1 DE-ESCALATION REQUIREMENT (Use of Force) Officers shall, when feasible and while considering officer and public safety, employ de-escalation techniques to decrease the likelihood of the need to use force during an incident and to increase the likelihood of voluntary compliance and/or peaceful resolution. Antioch Police Oversight Commission  POWERS AND DUTIES: USE OF DE-ESCALATION TECHNIQUES APD Policy 414.5 DE-ESCALATION (Crisis Intervention Incidents) Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally: • Evaluate safety conditions. • Introduce themselves and attempt to obtain the person’s name. • Be patient, polite, calm, courteous and avoid overreacting. Antioch Police Oversight Commission  POWERS AND DUTIES: USE OF DE-ESCALATION TECHNIQUES APD Policy 414.5 DE-ESCALATION (Crisis Intervention Incidents) • Speak and move slowly and in a non-threatening manner. • Use phrases such as "I want to get you help," to demonstrate intent. • Moderate the level of direct eye contact. • Remove distractions or disruptive people from the area. • Demonstrate active listening skills (e.g., summarize the person’s verbal communication). • Provide for sufficient avenues of retreat or escape should the situation become volatile. Antioch Police Oversight Commission  POWERS AND DUTIES: USE OF DE-ESCALATION TECHNIQUES APD Policy • 300.3.1 DE-ESCALATION REQUIREMENT (Use of Force) • 300.3.4 ALTERNATIVE TACTICS - DE-ESCALATION (Use of Force) • 300.8 TRAINING (Use of Force) • 303.9(f) TRAINING (Conducted Electrical Weapons) • 413.3(a) GENERAL CONSIDERATIONS (Civil Disputes) • 414.4(b) FIRST RESPONDERS (Crisis Intervention Incidents) • 414.5 DE-ESCALATION (Crisis Intervention Incidents) • 415.4(c) CONSIDERATIONS AND RESPONSIBILITIES (Mental Illness Commitments) Antioch Police Oversight Commission  POWERS AND DUTIES: HATE CRIMES Hate Crimes (Policy 603) • “Hate crime” includes but is not limited to a violation of Penal Code § 422.6, and means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (a) Disability (b) Gender (c) Nationality (d) Race or ethnicity (e) Religion (f) Sexual orientation (g) Association with a person or group with one or more of these actual or perceived characteristics: 1. “Association with a person or group with these actual or perceived characteristics" includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs 1 to 6, inclusive, of Penal Code § 422.55(a). • Note: A “hate crime” need not be motivated by hate but may be motivated by any bias against a protected characteristic. Antioch Police Oversight Commission  POWERS AND DUTIES: HATE CRIMES Hate Crimes (Policy 603) 603.2 PURPOSE AND SCOPE This policy is designed to assist in identifying and handling crimes motivated by hate or other bias toward individuals and groups with legally defined protected characteristics, to define appropriate steps for assisting victims, and to provide a guide to conducting related investigations. It outlines the general policy framework for prevention, response, accessing assistance, victim assistance and follow-up, and reporting as related to law enforcement’s role in handling hate crimes. It also serves as a declaration that hate crimes are taken seriously and demonstrates how the Antioch Police Department may best use its resources to investigate and solve an offense, in addition to building community trust and increasing police legitimacy (Penal Code § 13519.6).  POWERS AND DUTIES: HATE CRIMES Hate Crimes (APD Policy 603) • 603.1 POLICY • 603.2 PURPOSE AND SCOPE • 603.3 PLANNING AND PREVENTION • 603.4 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP • 603.5 RELEASE OF INFORMATION • 603.6 TRAINING Antioch Police Oversight Commission  POWERS AND DUTIES: BIAS-BASED POLICING Bias-Based Policing (Policy 401) 401.1.1 DEFINITIONS Bias-based policing - An inappropriate reliance on characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4). Antioch Police Oversight Commission  POWERS AND DUTIES: BIAS-BASED POLICING Bias-Based Policing (Policy 401) 401.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Antioch Police Department's commitment to policing that is fair and objective. Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). Antioch Police Oversight Commission  POWERS AND DUTIES: BIAS-BASED POLICING Bias-Based Policing (Policy 401) • 401.1 PURPOSE AND SCOPE • 401.2 POLICY • 401.3 BIAS-BASED PROFILING PROHIBITED • 401.4 MEMBER RESPONSIBILITY • 401.5 SUPERVISOR RESPONSIBILITY • 401.6 TRAINING • 401.7 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Antioch Police Oversight Commission  POWERS AND DUTIES: OTHER AREAS OF OVERSIGHT Ordinance § 4-3.110 POWERS AND DUTIES. (C) Review and comment on, at its discretion, any other policies, procedures, customs, and general orders of the Police Department. All such comments shall be submitted to the Chief of Police, the City Manager, and the City Attorney. The Chief of Police shall provide a written response to the Police Commission upon request. Antioch Police Oversight Commission  POWERS AND DUTIES: ANTIOCH POLICE DEPARTMENT BUDGET Ordinance § 4-3.110 POWERS AND DUTIES. (D) Review the City Council’s proposed budget and advise whether budgetary allocations for the Police Department are aligned with the Police Department’s policies and procedures. The Police Commission shall conduct at least one public hearing on the Police Department budget per budget cycle and shall forward to the City Council any recommendations for change. Antioch Police Oversight Commission  POWERS AND DUTIES: REQUIRED REPORTING Ordinance § 4-3.110 POWERS AND DUTIES. (E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require. (F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief's report in addition to such other matters as are relevant to the functions and duties of the Police Commission. Antioch Police Oversight Commission  TH AN K YO U Th o m a s Llo yd Sm it h , Cit y At t o rn e y 9 2 5 -7 7 9 -7 0 15 CityAttorney@antiochca.gov