Public Safety Committee

601 W. Jefferson Street Louisville Metro Government Louisville, KY 40202 Action Summary - Final Public Safety Committee Chair Jessica Green (D-1) Vice Chair James Peden (R-23) Committee Member Barbara Shanklin (D-2) Committee Member Barbara Sexton Smith (D-4) Committee Member Mark H. Fox (D-13) Committee Member Marilyn Parker (R-18) Committee Member Madonna Flood (D-24) Wednesday, June 3, 2020 3:30 PM Council Chambers Call to Order Chair Person Green called the meeting to order at 3:35 p.m. Roll Call Chair Person Green introduced the committee members and non-committee members present. A quorum was established. *NOTE: All committee members and non-committee members present attended virtually, all except Chair Person Green who attended in Council Chamber. Present: 7- Chair Jessica Green (D-1), Vice Chair James Peden (R-23), Committee Member Barbara Shanklin (D-2), Committee Member Barbara Sexton Smith (D-4), Committee Member Mark H. Fox (D-13), Committee Member Marilyn Parker (R-18), and Committee Member Madonna Flood (D-24) Non-Committee Members Council Member Keisha Dorsey(D-3), Council Member Donna Purvis (D-5), President David James (D-6), Council Member Paula McCraney (D-7), Council Member Brandon Coan (D-8), Council Member Bill Hollander (D-9), Council Member Cindi Fowler (D-14), Council Member Kevin Triplett (D-15), Council Member Markus Winkler (D-17), Council Member Anthony Piagentini (R-19), Council Member Stuart Benson (R-20), Council Member Nicole George (D-(21), and Council Member Brent Ackerson, (D-26). Support Staff Hollie Hopkins, Jefferson County Attorney's Office Clerk (s) Mary Whitlock, Assistant Clerk Connie M. Dearing, Assistant Clerk Sonya Harward, Clerk Louisville Metro Government Page 1 Public Safety Committee Action Summary - Final June 3, 2020 Special Discussion 1. ID 20-0693 Special Discussion on No-Knock Warrants Dr. Peter Kraska, Eastern Kentucky University, School of Justice Studies Dr. Frank Smith, Simmons University Keturah Herron, American Civil Liberties Union (ACLU) - Kentucky The following spoke to the item: - Chair Person Green - Major Paul Humphrey, Louisville Police Department - Dr. Peter Kraska, Eastern Kentucky University - Dr. Frank Smith, Simmons College of Kentucky - Keturah Herron, American Civil Liberties union - Committee Member Flood - Committee Member Shanklin - Committee Member Sexton Smith - Committee Member Fox - Committee Member Parker - Council Member Yates - Council Member Mulvihill - Council Member Coan - Council Member Piagentini - Council Member George - Council Member Winkler The following was discussed: - Definition of the no-knock warrants - Officers will not seek no-knock warrants - not for drugs - No research regarding no-knock warrants - No-knock vs. Quick-knock - Problems with no-knock warrants going wrong - 80% of raids in African American homes - Need to require conduct by SWAT team - Houston Texas have eliminated no-knock warrants - High risk - low tactics - Inventory of what officers are allowed and not allowed to do - Audio visual use at all times - Consistency to wear body cameras - Citizens review board - Include a section in the ordinance to require a comprehensive report - Banning all no-knock warrants - Need help from State Legislators - All warrants issued from a judge, knocking on door, waiting at least15 seconds after knocking and announcing in order for home occupants to answer door - The urgency of the moment should dictate our actions and encourage us to be bold Pending Legislation Louisville Metro Government Page 2 Public Safety Committee Action Summary - Final June 3, 2020 2. O-213-20 AN ORDINANCE BANNING NO-KNOCK SEARCH WARRANTS, REGULATING THE EXECUTION OF SEARCH WARRANTS AND THE USE OF BODY CAMERA EQUIPMENT DURING IMPLEMENTATION OF ALL SEARCH WARRANTS, TO BE KNOWN AS BREONNA’S LAW. (AMENDMENT BY SUBSTITUTION) Sponsors:Primary Barbara Sexton Smith (D-4), Primary Jessica Green (D-1), Primary Barbara Shanklin (D-2), Primary Donna L. Purvis (D-5) and Primary Paula McCraney (D-7) Attachments: O-213-20 V.3 FABS 061120 Ban No-Knock Search Warrants.pdf O-213-20 PROPOSED FABS - Ban No-Knock Search Warrants.pdf O-213-20 V.2 060320 No-Knock Search Warrants.pdf O-213-20 PROPOSED CAM 060320 No-Knock Search Warrants.pdf O-213-20 V.1 052820 No-Knock Search Warrants.pdf ORD 069 2020.pdf A motion was made by Vice Chair Person Peden, seconded by Committee Member Sexton Smith, that this Ordinance be recommended for Approval. The following spoke to the item: - Committee Member Sexton Smith - Chair Person Green - Vice Chair Peden - Committee Member Fox - Committee Member Shanklin - Committee Member Parker - Committee Member Flood - Committee Parker - Council Member Hollander - Council Member Dorsey - Council Member Yates - Council Member Ackerson - Council Member Benson - Council Member George - Council Member McCraney - Council Member Piagentini - Council Member Winkler - Hollie Hopkins, Jefferson County Attorney's Office The following was discussed: - Requirement of no-knock warrants - There are some cases that will justify no-knocks - Replace definitions of no-knocks warrants - Need definition of no-knock warrants - No-knocks going wrong - African Americans experience more mistreatment - Pass Breonna's Law - Citizens are demanding - Stop no-knock warrants - Black Lives Matter Louisville Metro Government Page 3 Public Safety Committee Action Summary - Final June 3, 2020 - Location of the no-knock warrants - All no-knock search warrants to be legal - It is time to ban no-knock search warrants - Drug warrants - Need a clear understanding of banging on the door regarding warrants - What is exigent circumstances - Do we have the authority to ban no-knock warrants in Jefferson County - Houston Texas has eliminated no-knock warrants - All no-knock search warrants shall be legal - Concerns regarding the15 seconds before entering - Reasonable amount of time based on the size of the structure - Need to listen to constituents and people who put Metro Council Members in office The following requested to be Sponsors: - Council Member Dorsey - Council Member Mulvihill - Council Member Coan - Council Member Yates - Council Member McCraney - Council Member Flood - Council Member Triplett - Council Member Hollander - Committee Member Fox - Committee Member George - Committee Member Winkler - Committee Member Piagentini A motion was made by Chair Person Green, seconded by Committee Member Sexton Smith, that this Ordinance be amended as shown in the attached document titled 'O-213-20 V.2 PROPOSED CAM 060320 No-Knock Search Warrants'. The motion to amend carried by a voice vote. The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business: Yes: 6- Green, Peden, Shanklin, Sexton-Smith, Fox, and Flood Absent: 1- Parker The vote count Yes changed due to the County Attorney stating Council Member Parker had to be present to vote. Chair Person Green stated there would be a Special Public Safety Meeting to further discuss the ordinance June 8, 2020 at 1:00 p.m. Enactment No: Ordinance 069-2020 Adjournment Without objection, this meeting adjourned at 6:30 p.m. *NOTE: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council Meeting on June 11, 2020. Louisville Metro Government Page 4