CC 2020-06-23 Items Recd at MtgLower the standard of proof for Department of Justice civil rights investigations of police officers
Allow federal prosecutors to successfully prosecute police officers for misconduct by passing legislation to eliminate the requirement
that an officer must "willfully" deprive another's rights in order to violate Section 242.
Use federal funds to encourage independent investigations and prosecutions
Pass legislation such as the Police Training and Independent Review Act of 2015 or use of existing federal funds to encourage external,
independent investigations and prosecution of police killings (see Action Items 2.2.2 and 2.2.3 of the President’s Task Force Report).
Establish a permanent Special Prosecutor's Office at the State level for cases of police violence
The Special Prosecutor's Office should be:
required and authorized to prosecute all cases of where police kill or seriously injure a civilian, in-custody deaths and cases
where a civilian alleges criminal misconduct against a police officer
equipped with an office and resources to conduct thorough investigations
required to have its Chief Prosecutor chosen from a list of candidates offered by community organizations
My name is Briana Peterson and these policy reformation suggestions have been taken from the non-profit Campaign Zero.
Local prosecutors rely on local police departments to gather the evidence and testimony they need to successfully prosecute
criminals. This makes it hard for them to investigate and prosecute the same police officers in cases of police violence. These
cases should not rely on the police to investigate themselves and should not be prosecuted by someone who has an incentive to
protect the police officers involved.
POLICY SOLUTIONS
Police usually investigate a
decide what, if any,
consequences their
fellow officers should
face in cases of police
misconduct. Under this
system, fewer than 1 in every 12
complaints of police misconduct
nationwide results in some kind
of disciplinary action against the
officer(s) responsible.
C iti d t
From:Briana Peterson
To:public comment
Subject:7. Community comments and suggestions
Date:Tuesday, June 23, 2020 6:01:26 PM
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From:VONIE GRIMM
To:public comment
Subject:8d public comment covid19
Date:Tuesday, June 23, 2020 5:58:53 PM
Dear City Council: According to the California Emergency Services Act (ESA) Section
8558-b: a state of emergency can only be called if the threat overwhelms the current
resources of the state.
Furthermore, the state of emergency has to be terminated at the earliest possible date.
Section 8558 (b) “State of emergency” means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot,
drought, sudden and severe energy shortage, plant or animal infestation or disease, the
Governor’s warning of an California Emergency Services Act 4 California Governor’s
Office of Emergency Services earthquake or volcanic prediction, or an earthquake, or
other conditions, other than conditions resulting from a labor controversy or conditions
causing a “state of war emergency,” which, by reason of their magnitude, are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of
any single county, city and county, or city and require the combined forces of a mutual
aid region or regions to combat.
THUS: A state of emergency related to public health can only be declared if the threat
overwhelms the response capabilities of California’s health care practitioners
Thousands of healthcare workers are being furloughed in California, so there is zero
evidence of grounds for this state of emergency based on public health.
There is no "threat that overwhelms the current resources of the state" since the covid-
related deaths (with inflated numbers) are fewer than 3,000 in CA, compared to 6,000+
for the average seasonal flu.
Therefore, covid-19 cannot lawfully be classified as an "epidemic". An epidemic is when
there are disproportionately large numbers experiencing an outbreak of a disease. There
is no evidence of this in California.
Therefore, the basis for the State of Emergency is invalid and unlawful (see section 8558
b). As we have clearly seen here in California, with the virus fatalities, they are
approximately 1/3 of the typical fatalities for a regular seasonal flu.
Therefore, our state resources are not overwhelmed.
Therefore the state of emergency should have been terminated according to California
law, which states, at the earliest possible date that conditions warrant.
Therefore there are no legal grounds for an additional extension or a new state of
emergency to be declared.
Thus, according to California law, the grounds for the state of emergency do not exist.
Therefore, the current state of emergency in California is invalid and unlawful.
Regarding the length of the state of emergency, the law is murky. For the declaration of
local emergencies, a governing body is required to renew the state of emergency after 30
days. For a state-wide declaration of state of emergency, whereby the state is controlling
the food and pharmaceuticals, the orders expire after 60 days. § 8627.5.
The temporary suspension of any statute, ordinance, regulation, or rule shall remain in
effect until the order or regulation is rescinded by the Governor, the Governor proclaims
the termination of the state of emergency, or for a period of 60 days, whichever occurs
first.
(Section 8567(b): Whenever the state of war emergency or state of emergency has been
terminated, the orders and regulations shall be of no further force or effect.
This means that all of the orders that were created under the State of Emergency are also
expired, including but not limited to: stay at home order, social distancing, wearing of
masks, closing of businesses and schools, etc.
Note: There are countless reports of other state's legislative bodies extending or denying
their state of emergency declaration, but why nothing from California?
I would like to know what the lawmakers are doing to address this invalid and unlawful
state of emergency declaration.
“There is no threat of an epidemic that overwhelms the resources of
the state, and therefore according to the Emergency Services Act,
section 8558(b) there are no grounds for a State of Emergency in
California.”
— Peggy Hall
Please see information at thehealthyamerican.org
Thankyou for your service.
Vonie Grimm
Get Outlook for Android
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From:Annie Wald
To:public comment
Subject:Agenda Item 7
Date:Tuesday, June 23, 2020 7:23:23 PM
Hello Council,
We need to support the demands for SLO County laid out by RACE Matters SLO including
declaring racism a public health emergency. We all need to do the work and utilize existing
community resources that focus on diversity, inclusion, equity, and/or racial unjustice.
Thank you for your time,
Annie Wald
BFA, Cal Poly SLO
anniewaldphotography@gmail.com
Cell 805.710.0260
https://link.edgepilot.com/s/c6b8545b/4SNYC7NOXket_wcl8Z535A?
u=http://www.anniewaldphotography.com/
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From:Ryan Crandall
To:public comment
Subject:Demands and comments for 6/23
Date:Tuesday, June 23, 2020 5:10:17 PM
To our City Council,
I am a small business owner and community member in Arroyo Grande.
It is my opinion that it is in our community’s best interest to declare racism a public health crisis.
I also believe that we should support RACEmatters’ actions in our county and in our city. They do great work for
our community, and I think it is vital that we collaborate and connect with organizations that work on inclusion,
diversity, and racial justice in our city.
Thank you for all the work you do, and for your service to your city.
With kindest regards,
Ryan Crandall.
From:VONIE GRIMM
To:public comment
Subject:item 6a-There is No Mask Law
Date:Tuesday, June 23, 2020 5:35:46 PM
1. Newsom didn't issue any order. It was a statement from the Dept of Health.
2. It is not a public health order -- it is a statement… “guidance”
3. There is no law cited or penal code cited.
4. This guidance actually RELAXES the previous orders.
5. This is pure deception to present this as "new law".
Please see Peggy Halls
videos https://link.edgepilot.com/s/831c02c3/Ow5iUfVfNkGBX1MkKFkyNA?
u=https://m.youtube.com/watch?v=hU9xn_00eCQ%26feature=youtu.be
Thank you for your service. Vonie Grimm
Get Outlook for Android
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From:Zach Victor
To:public comment
Subject:ITEM 6B Police policy - Zachary victor public comment
Date:Tuesday, June 23, 2020 7:52:32 PM
Sent from my iPhone
Begin forwarded message:
From: Zach Victor <
Date: June 23, 2020 at 7:22:38 PM PDT
To: publiccomment@arroyogrande.org
Subject: Police policy - Zachary victor public comment
As a resident I would like to see our city lead the charge for California. We can
set an example for useful public service and a police force that actually represents
the mission statement of the police department. In this state it takes longer to
become qualified to have a barbers license than it does to be a police officer and
that is terrifying.
I would like to see an immediate end to qualified immunity.
I would like to see our officers in a public service uniform without any tactical
gear or resemblance to military.
We should not have military surplus vehicles on the police force in arroyo grande.
Choke holds should be banned entirely.
All officers should be required to have body cams on their body and operational
their entire shift.
Body cam footage should not be held hostage by city attorneys, but available to
the public as easily as any other public record request.
Community input should be considered in hiring police officers.
We should not hire any officers who have been fired or forced to resign for
misconduct.
I hope to see these changes so that we can reinstall public trust in police. We used
to teach our children to look for a police officer if they were in trouble. Now, I
teach my children to be cautious of police and that is very sad, but necessary
considering current events.
Thank you,
Zachary Victor
Arroyo grande resident
Sent from my iPhone
From:Virginia Roof
To:public comment
Subject:Items 6b & 6d
Date:Tuesday, June 23, 2020 4:03:20 PM
Dear City Council members,
Thank you so much for agendizing our town's policing policies and procedures. The national
Black Lives Matter movement and the subsequent local incidents at our local BLM protest and
at The Pit have shown us how far we have to go to make this community inclusive and
welcoming for all people.
I will be listening to the presentation in item
6b. I encourage the council to recommend adopting the following policies:
1. Banning chokeholds,
2. Requiring de-escalation practices, and
3. Requiring warnings before shooting
I would also love to see the Dept. adopt the use of a community review board (as Mayor Ray
described in the last meeting) with diverse representation to ensure transparency to the
community.
Also, thank you for item 6d, acknowledging Juneteenth Day. To go along with this, I urge the
council to:
- follow San Luis Obispo's lead and declare racism a public health crisis,
- respond IN WRITING to Race Matters SLO's list of demands, AND
- increase collaborative efforts with the Diversity Coalition SLO.
Thank you for your time and attention.
Sincerely,
Virginia Roof
Arroyo Grande resident
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From:Linda Drummy
To:Kelly Wetmore
Subject:Please see if you can put this in tonight’s Council meeting for discussion
Date:Tuesday, June 23, 2020 9:39:18 AM
Attachments:Health Officer Order 2020-10.pdf
ATT00002.txt
Hi Kelly…
I’m forwarding you a copy of the Santa Barbara in forcible mask wearing ordinance. We don’t have anything like this yet in the
county… However, I think that we can put this in as a city ordinance. The police can do nothing to enforce mask wearing without
an actual code enforcement number to apply ticketing etc. against.
Please ensure that the council members have this on their agenda for this evening’s meeting.
Regards,
Linda Drummy
https://link.edgepilot.com/s/50c430b5/Q9w_bwlo2E2-CLRrE41iIA?
u=https://countyofsb.org/uploadedFiles/phd/PROGRAMS/Disease_Control/Corona/Health%2520Officer%2520Order%25202020-
10.pdf
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From:Zach Victor
To:public comment
Subject:Police policy - Zachary victor public comment
Date:Tuesday, June 23, 2020 7:22:49 PM
As a resident I would like to see our city lead the charge for California. We can set an example for useful public
service and a police force that actually represents the mission statement of the police department. In this state it
takes longer to become qualified to have a barbers license than it does to be a police officer and that is terrifying.
I would like to see an immediate end to qualified immunity.
I would like to see our officers in a public service uniform without any tactical gear or resemblance to military.
We should not have military surplus vehicles on the police force in arroyo grande.
Choke holds should be banned entirely.
All officers should be required to have body cams on their body and operational their entire shift.
Body cam footage should not be held hostage by city attorneys, but available to the public as easily as any other
public record request.
Community input should be considered in hiring police officers.
We should not hire any officers who have been fired or forced to resign for misconduct.
I hope to see these changes so that we can reinstall public trust in police. We used to teach our children to look for a
police officer if they were in trouble. Now, I teach my children to be cautious of police and that is very sad, but
necessary considering current events.
Thank you,
Zachary Victor
Arroyo grande resident
Sent from my iPhone
Lower the standard of proof for Department of Justice civil rights investigations of police officers
Allow federal prosecutors to successfully prosecute police officers for misconduct by passing legislation to eliminate the requirement
that an officer must "willfully" deprive another's rights in order to violate Section 242.
Use federal funds to encourage independent investigations and prosecutions
Pass legislation such as the Police Training and Independent Review Act of 2015 or use of existing federal funds to encourage external,
independent investigations and prosecution of police killings (see Action Items 2.2.2 and 2.2.3 of the President’s Task Force Report).
Establish a permanent Special Prosecutor's Office at the State level for cases of police violence
The Special Prosecutor's Office should be:
required and authorized to prosecute all cases of where police kill or seriously injure a civilian, in-custody deaths and cases where
a civilian alleges criminal misconduct against a police officer
equipped with an office and resources to conduct thorough investigations
required to have its Chief Prosecutor chosen from a list of candidates offered by community organizations
Require independent investigations of all cases where police kill or seriously injure civilians
The independent investigators should be:
required and authorized to prosecute all cases of where police kill or seriously injure a civilian, in-custody deaths and cases where
a civilian alleges criminal misconduct against a police officer
required to investigate all cases where police kill chosen at random from a list of the largest ten agencies in the state
required to report their findings to the public
Establish effective civilian oversight structures
Establish an all-civilian oversight structure with discipline power that includes a Police Commission and Civilian Complaints Office
with the following powers:
The Police Commission should:
determine policy for the police department based on community input and expertise
share policy and policy changes in publicly accessible formats
discipline and dismiss police officers
hold public disciplinary hearings
select the candidates for Police Chief, to be hired by the Mayor
evaluate and fire the Police Chief, if needed
receive full-time, competitive salaries for all members
receive regular training on policing and civil rights
not have current, former or family of police officers as members
select its members from candidates offered by community organizations
The Civilian Complaints Office should:
receive, investigate and resolve all civilian complaints against police in 120 days
establish multiple in-person and online ways to submit, view and discuss complaints
be immediately notified and required to send an investigator to the scene of a police shooting or in-custody death
be allowed to interrogate officers less than 48 hours after an incident where deadly force is used
access crime scenes, subpoena witnesses and files with penalties for non-compliance
make disciplinary and policy recommendations to the Police Chief
compel the Police Chief to explain why he/she has not followed a recommendation
have the Police Commission decide cases where the Police Chief does not follow recommendations
issue public quarterly reports analyzing complaints, demographics of complainants, status and findings of investigations and
actions taken as a result
be housed in a separate location from the police department
be funded at an amount no less than 5% of the total police department budget
have at least 1 investigator for every 70 police officers or 4 investigators at all times,whichever is greater
have its Director selected from candidates offered by community organizations
not have current, former or family of police officers on staff, including the Director
(Ex: San Francisco Charter Policies on Police Commission and Office of Citizen Complaints)
Remove barriers to reporting police misconduct
For all stops by a police officer, require officers to give civilians their name, badge number, reason for the stop and a card
with instructions for filing a complaint to the civilian oversight structure.Police should have the skills and cultural competence to protect and serve our
communities without killing people - just as police do in England, Germany, Japan and
other developed countries. In 2014, police killed at least 253 unarmed people and 91
people who were stopped for mere traffic violations. The following policy solutions
can restrict the police from using excessive force in everyday interactions with
civilians.
From:Briana Peterson
To:public comment
Subject:police restructuring solutions
Date:Tuesday, June 23, 2020 5:29:17 PM
Local prosecutors rely on local police departments to gather the evidence and testimony they need to successfully prosecute criminals. This
makes it hard for them to investigate and prosecute the same police officers in cases of police violence. These cases should not rely on the
police to investigate themselves and should not be prosecuted by someone who has an incentive to protect the police officers involved.
POLICY SOLUTIONS
Police usually investigate and
decide what, if any,
consequences their fellow officers
should face in cases of police
misconduct. Under this system, fewer
than 1 in every 12 complaints of
police misconduct nationwide results
in some kind of disciplinary action
against the officer(s) responsible.
Communities need an urgent way to
ensure police officers are held
accountable for police violence.
POLICY SOLUTIONS
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Establish standards and reporting of police use of
deadly force
A. Authorize deadly force only when there is an
imminent threat to an officer's life or the life of another
person and such force is strictly unavoidable to protect life
as required under International Law. Deadly force should
only be authorized after all other reasonable alternatives
have been exhausted. (Ex: International Deadly Force
Standard; Tennessee Deadly Force Law)
B. Require that an officer's tactical conduct and decisions
leading up to using deadly force be considered in
judgements of whether such force was necessary. (Ex:
LAPD Use of Force Policy)
C. Require officers give a verbal warning, when possible,
before using deadly force and give people a reasonable
amount of time to comply with the warning (Ex: Las
Vegas Metro PD Policy)
D. Require reporting of police killings and serious injuries
of civilians (Ex: The PRIDE Act; Colorado law; CA DOJ
OpenJustice database)
E. Require the names of both the officer(s) involved and
victim(s) to be released within 72 hours of a deadly force
incident (Ex: Philadelphia PD Policy)
Revise and strengthen local police department use of
force policies
Revised police use of force policies should protect human
life and rights. Policies should include guidance on
reporting, investigation, discipline, and accountability and
increase transparency by making the policies available
online. This use of force policy should require officers to:
restrict officers from using deadly force unless all
reasonable alternatives have been exhausted (Ex:
Philadelphia PD Policy)
use minimum amount of force to apprehend a
subject, with specific guidelines for the types of
force and tools authorized for a given level of
resistance (Ex: Seattle PD Policy)
utilize de-escalation tactics (verbalization; creating
distance, time and space; tactical repositioning, etc.)
whenever possible instead of using force (Ex: Seattle
PD Policy)
carry a less-lethal weapon (Ex: Seattle PD Policy)
ban using force on a person for talking back or as
punishment for running away (Ex: Cleveland PD
Policy)
ban chokeholds, strangleholds (i.e. carotid
restraints), hog-tying and transporting people face
down in a vehicle (Ex: NYPD Policy)
intervene to stop other officers who are using
excessive force and report them to a supervisor (Ex:
Las Vegas Metro PD Policy)
have first aid kits and immediately render medical
assistance to anyone in police custody who is injured
or who complains of an injury (Ex: New Baltimore
PD Policy)
End traffic-related police killings and dangerous high-
speed police chases
Prohibit police officers from:
shooting at moving vehicles (Ex: Denver PD Policy)
moving in front of moving vehicles (Ex: Denver PD
Policy)
high-speed chases of people who have not and are
not about to commit a violent felony (Ex:
Milwaukee PD Policy)
Monitor how police use force and proactively hold
officers accountable for excessive force
A. Report all uses of force to a database with information
on related injuries and demographics of the
victims. (Ex: Seattle PD Policy; Indianapolis Metropolitan
PD reporting website)
B. Establish an early intervention system to correct officers
who use excessive force. These systems have been shown
to reduce the average number of complaints against
officers in a police department by more than 50%. This
system should:
report officers who receive two or more complaints
in the past month
report officers who have two or more use of force
incidents or complaints in the past quarter
require officers to attend re-training and be
monitored by an immediate supervisor after their
first quarterly report and terminate an officer
following multiple reports
C. Require police departments to notify the state when an
officer is found to have willfully violated department
policy or the law, committed official misconduct, or
resigned while under investigation for these offenses.
Maintain this information in a database accessible to the
public (Ex: Illinois Law) and prohibit these officers from
serving as police officers, teachers or other governmental
employees (Ex: Connecticut Law).
POLICY SOLUTIONS
The events in Ferguson have
introduced the nation to the ways that
local police departments can misuse
military weaponry to intimidate and
repress communities. In 2014,
militarized SWAT teams killed at least
38 people and studies show that more
militarized police departments are
significantly more likely to kill
civilians. The following policies limit
police departments from obtaining or
using these weapons on our streets.
End the Federal Government's 1033 Program
Providing Military Weaponry to Local Police
Departments
End the supply of federal military weaponry to local police
departments under the 1033 program. (Ex: Stop
Militarizing Law Enforcement Act)
Establish Local Restrictions to Prevent Police
Departments from Purchasing or Using Military
Weaponry
Restrict police departments from:
using federal grant money to purchase military
equipment (Ex: Montana law)
deploying armored vehicles, weaponized aircraft,
drones, Stingray surveillance equipment,
camouflage uniforms, and grenade launchers
using SWAT teams unless there is an emergency
situation or imminent threat to life and high-ranking
officers have given approval (Ex: Cincinnati PD
Policy)
conducting no-knock raids (Ex: Oregon law bans all
no-knock raids)
accessing federal grant money or purchasing
military equipment if the department has been
recently found to demonstrate a "pattern or practice"
of discriminatory policing
in addition to these restrictions, wherever possible
agencies should seek to return to the federal
government the military equipment that has already
been received (Ex: San Jose)
taken from:
https://link.edgepilot.com/s/237628a0/xPePWjD23U2ovQQ_FrC9uw?
u=https://www.joincampaignzero.org/solutions
POLICY SOLUTIONS
From:Karen Kubarek
To:public comment
Subject:Racism as a public health crisis - today"s meeting
Date:Tuesday, June 23, 2020 4:57:36 PM
We want our voices heard about meeting R.A.C.E. Matter Slo’s demands, including
appropriate police reform and the recognition of racial discrimination as pervasive in our
society, therefore racism should be declared a Public Health Emergency by Arroyo Grande,
and every city at the SLO County Level.
On January 28th, 2020 the American Psychological Association published an article written
by Zara Abrams titled, “Sounding the Alarm on Black Youth Suicide”. This article states:
“Between 1991 and 2017, suicide attempts among black adolescents increased by 73%, while
attempts among white youth decreased, according to an analysis of more than 198,000 high
school students nationwide (Lindsey, M.A., et. al., Pediatrics, Vol. 144, No. 5, 2019). Other
studies have shown an elevated risk of suicide among African American boys ages 5 to 11
(Bridge, J.A., et. al., JAMA Pediatrics, Vol. 172, No. 7, 2018)
… Across the board, mental health problems such as depression, anxiety, and post-traumatic
stress disorder put youth at risk for suicidal thoughts and attempts. But many African
American children and adolescents face additional challenges, including exposure to violent
racial discrimination, that may further increase their risk, says Sherry Molock, PhD, associate
professor of psychology at the George Washington University in the District of Columbia and
a member of the working group.
Black youth are also less likely than their white peers to receive care for depression - and
when they do enter treatment, it’s often through the juvenile justice system…”.
Another article, “Racism is a Public Health Crisis, Say Cities and Counties”, posted on June
15th, 2020 on https://link.edgepilot.com/s/e63da85d/uqrSb9fOSka6YtnOCUWOAw?
u=http://www.pewtrusts.org/ by Christine Vessel, says, “Black women are up to four times
more likely to die of pregnancy related complications than white women. Black men are more
than twice as likely to be killed by police as white men. And the average life expectancy of
African Americans is four years lower than the rest of the U.S. population”.
These racial disparities are heartbreaking and frightening. We need to do better to dismantle
racism on a systemic level. Racism is a public health crisis and it is imperative for Arroyo
Grande and San Luis Obispo County to step up and acknowledge this so all members of the
community feel supported and safe.
Karen Kubarek and Nate Page, Morro Bay
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From:Janie L
To:public comment
Subject:re Mask regulations re tonite"s meeting special presentation 6a
Date:Tuesday, June 23, 2020 6:15:43 PM
You cannot just say one must wear a mask. There needs to be specific regulatory
orders with financial penalties so local police have tools to enforce. This is a
combination of county and individual city regulatory processes. Santa Barbara County
is way head of ours and Santa Maria can be used as an example of what you as City
Council members need to address as well as work hand and hand with our county
public health officials. Not next month. NOW. I know it puts you in a tough political
corner, but lives are at stake. Call a special meeting and have these regs drafted and
approved. I have spoken to Santa Barbara residents and some like and some don’t
like these rules. But all are enforcing. I know of some who do not believe in science.
Hard to grab onto but at least some of those are willing to protect others and their
children “just in case”! I also am aware that public officials’ lives have been
threatened. We need to also have a regulation that lends itself to finding these
criminals and severely punishing them for these threats.
Janie Leikind
Arroyo Grande 93420
From:Erin Alves
To:public comment
Subject:Re: 6b.
Date:Tuesday, June 23, 2020 5:57:53 PM
Dear City Council members,
Thank you so much for addressing the national Black Lives Matter movement and the alarming local
incident at our local BLM protest where 2 businesses had guns on the roof.
Re:
6b. please consider adopting the following policies:
1. Banning chokeholds,
2. Requiring de-escalation practices, and
3. Requiring warnings before shooting
We must also adopt the use of a community review board that would allow us to have broad transparency
and build back the trust with the Arroyo Grande Police Department.
Thank you,
Erin Alves
Arroyo Grande Resident