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, September 30, 2020 3:00 PM Council Chambers THIS IS CONSIDERED A SPECIAL MEETING Call to Order Chair Green called the meeting to order at 3:03 p.m. Roll Call Chair Green introduced the committee members and non-committee members present. A quorum was established. NOTE: All committee members and non-committee members attended the meeting virtually, except for Council Member Coan who was present in Chambers. 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-Member(s) Council Member Donna Purvis (D-5), Council President David James (D-6), and Council Member Brandon Coan (D-8) Support Staff Hollie Hopkins, Jefferson County Attorney's Office Alice Lyon, Jefferson County Attorney's Office Clerk(s) Sonya Harward, Clerk Lisa Franklin-Gray, Assistant Clerk Louisville Metro Government Page 1 Public Safety Committee Action Summary - Final September 30, 2020 Pending Legislation 1. O-378-20 AN ORDINANCE REQUIRING THE INCORPORATION OF CERTAIN LIMITATIONS ON POLICE USE OF FORCE INTO LOUISVILLE METRO POLICE DEPARTMENT POLICIES (AMENDMENT BY SUBSTITUTION) (AS AMENDED). Sponsors:Primary Jessica Green (D-1) and Primary Brandon Coan (D-8) Attachments: O-378-20 V.2 CABS-CAM 093020 - New Policy on Police Use of Force.pdf O-378-20 PROPOSED CABS 092320 - New Policy on Police Use of Force.pdf O-378-20 V.1 082020 - New Policy on Police Use of Force.pdf O-378-20 LTR LMPD Review - Use of Force Restrictions_ (003).pdf A motion was made by Committee Member Fox, seconded by Chair Green, that this Ordinance be approved. The following spoke to the item: - Council Member Coan - Chair Green - Committee Member Fox - Council President James - Alice Lyon, Jefferson County Attorney's Office - Vice Chair Peden - Committee Member Parker - Committee Member Sexton Smith The following was discussed: - Required policies - Codes vs. policies - Choke holds - What other cities are doing and their policies - De-escalation and decision making - Officers shooting at a moving vehicle - When a vehicle is being used to strike a person, a crowd, with the intent of causing mass injuries or the death of another person - The purpose of codifying the ordinance - What Chief Robert Schroeder agreed with regarding the Amendment by Substitution - Should not try to handcuff the police regarding policies - Chemicals agents - Use of tear gas and pepper balls - State Representative Attica Scott, who proposed Breonna's Law and her arrest during the protest - Limitation of police use of force - Chair Green stated she will invited Chief Yvette Gentry to attend next's Public Safety Committee A motion was made by Committee Member Sexton Smith, seconded by Chair Louisville Metro Government Page 2 Public Safety Committee Action Summary - Final September 30, 2020 Green, that this Ordinance be amended by substitution as shown in the document attached hereto titled "O-378-20 PROPOSED CABS 092320 - New Policy on Police Use of Force.pdf." The motion to amend by substitution carried by the following vote: Yes: 4 - Green, Shanklin, Sexton Smith, and Flood No: 3- Peden, Fox, and Parker A motion was made by Chair Green, seconded by Committee Member Peden, that this Ordinance be amended by deleting Section 36.XX(B)(9), which stated the following: "When mitigating civil unrest, department members shall not use chemical agents, including tear gas, unless it is reasonable to believe an individual or a group of individuals is acting with the intent of causing physical injury or death to an officer or another person or persons, arson or rioting. When reasonable under the totality of the circumstances, department members shall give a clearly audible verbal warning prior to the use of chemical agents." The motion to amend carried by a voice vote: Yes: 7- Green, Peden, Shanklin, Sexton Smith, Fox, Parker, and Flood A motion was made by Chair Green, seconded by Committee Member Peden, that this Ordinance be tabled. The motion carried by a voice vote. 2. R-120-20 AN RESOLUTION URGING METRO GOVERNMENT TO TAKE ALL POSSIBLE STEPS TO REQUIRE DRUG AND ALCOHOL TESTING OF LOUISVILLE METRO POLICE DEPARTMENT OFFICERS WHEN CRITICAL INCIDENTS OCCUR. Sponsors:Primary David James (D-6) and Primary Barbara Sexton Smith (D-4) Attachments: R-120-20 V.1 091720 Drug Testing for LMPD After Incidents.pdf This item was held in committee. Adjournment Without objection, Chair Green adjourned the meeting at 4:21 p.m. Louisville Metro Government Page 3