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HomeMy WebLinkAbout7.1 Community Task Force on Equity, Diversity, and Inclusion Recommendation Review and Implementation PlanSTAFF REPORT CITY COUNCIL Page 1 of 9 Agenda Item 7.1 DATE:February 1, 2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Community Task Force on Equity, Diversity, and Inclusion Recommendation Review and Implementation PlanPrepared by:John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:The City Council will consider approving an Implementation Plan for the Community Task Force on Equity, Diversity, and Inclusion’s recommendations. Staff reviewed the recommendations for their policy, personnel, and cost implications and then categorized them into four categories: Approve, Modified, Reject, and Further City Council Direction Required. The proposed implementation plan includes those recommendations categorized as Approve or Modified. STAFF RECOMMENDATION:Receive the report, provide direction on requested items, and approve the Implementation Plan. FINANCIAL IMPACT:The majority of the recommendations in the proposed Implementation Plan involve tasks or program adjustments that can be achieved with existing staff and resources. However, there are several items that are already funded or will require additional funding to accomplish which include:Item Est. Annual Cost Recommendation Ref.Supplemental Training TBD TC-1Public Safety Community Workshop Facilitation TBD P-1Alameda County CATT Program—Dublin Expansion TBD P-4DPS Mental Health Unit (ARPA-Funded)$667,787 P-5Hire 1 FTE--DPS Crime Analyst $150,000 DT-1: DT-5On-Call Translation Services $20,000 IP-3Ongoing Staff DEI Training TBD O-2:O-3The costs associated with Recommendations TC-1, P-1, P-4, O-2, and O-3 will be further refined through a solicitation for quotes and, if approved, will be incorporated in the upcoming FY 2022-23 & 2023-24 budget. Recommendation P-4 would fund an expansion of the Alameda County Community Assessment 169 Page 2 of 9 and Transport Team (CATT) to Dublin. Staff has had preliminary conversations with the County regarding this program but is unable to provide a cost estimate at this time. DESCRIPTION:BackgroundOn August 17, 2021, the City Council received the Final Report from the Community Task Force on Equity, Diversity, and Inclusion. Following the presentation, the City Council directed Staff to further evaluate the policy, personnel, and cost implications of the Task Force’s 43 recommendations. Since that time, a team of internal stakeholders responsible for implementing these recommendations evaluated each to determine the following: Can the recommendation be implemented by the City as written? If not, can the recommendation be modified to achieve its original or similar intent? Can the recommendation be achieved with existing resources? If not, what additional resources are needed to achieve the recommendation? From this work the recommendations have been categorized into four areas:1. Approve Recommendation2. Modified Recommendation 3. Reject Recommendation4. Further City Council Direction RequiredA matrix of the Approve and Modified recommendations with implementation notes, modifications, implementation timeframes, staff additions, and estimated costs can be found in Attachments 1 and 2. Approve RecommendationsStaff is recommending the City Council approve the following recommendations as is. A comprehensive accounting of these approve recommendations can be found in Attachment 1. A sample of these recommendations and their implementation impacts is provided below. 170 Page 3 of 9 Ref. #RecommendationTC-1 DPS should identify ways to expand training offerings for officers, either through muster room briefings, independent study/self-paced trainings, additional training days or other appropriate methods of training. These mandatory trainings should cover (1) Implicit Bias, (2) Understanding languages and cultural responsiveness, (3) Understanding people with disabilities, (4) Community policing, (5) Use of Force/De-escalation, (6) Leadership, professionalism, and ethics. Implementation ImpactsThe topics identified in this recommendation are currently being covered in DPS daily briefings, online, and some in-person training. Furthermore, all these topics are currently covered in Continued Professional Training (two hours of instruction) that DPS officers receive every other year. Use of force and de-escalation training is covered three times a year during their range program. DPS will look to reevaluate holding large, in-person trainings once COVID-related guidelines permit an opportunity for this to be done safely. Depending on the topic and the depth of instruction, each of these topics could each be covered for an hour to comprise an eight-hour training, which would cost approximately $30,000 in DPS staff charges alone. Additional budget for training materials, speakers, and other supplies may be required. Ref. #RecommendationsDT-1 All Racial and Identity Profiling Act of 2015 (RIPA)-required stop data should be published on the City’s Data Transparency Platform on an annual basis to help establish benchmarks in reducing non-violent police interactions. This will include stop data in the following areas: (1) perceived race/ethnicity, (2) primary basis for the stop, (3) whether consent was given or if there was probable cause.DT-2 In instances where there is a DPS officer involved shooting or use of force resulting in great bodily injury or death, DPS will make the AB71 and SB1421 data publicly available on the City’s Data Transparency Platform.DT-3 Publish information regarding DPS complaints and commendations data on the City’s Data Transparency Portal.DT-4 Publish the demographic data of DPS officers on an annual basis on the City’s Data Transparency Portal. DT-5 Explore ways to collect and report data regarding de-escalation annually to monitor the effectiveness of current de-escalation practices, as well as identify when new practices may be necessary. Implementation ImpactsDublin Police Services will hire a Crime Analyst to address these recommendations at a cost of approximately $150,000 annually. This position will be responsible for compiling and publishing RIPA Stop Data (DT-1), Use of Force Data per AB 71 and SB 1421 (DT-2), and complaint, commendation, and DPS Officer demographic data on the City's OpenGov Data Transparency portal. This position will also work with the Police Chief to explore ways to collect and report data regarding de-escalation tactics (DT-5). DPS is currently evaluating the best way to structure this position in combination with existing staff roles and responsibilities.Ref. #Recommendation 171 Page 4 of 9 PR-1 The City should hire a police/community liaison to enhance collaboration between the Dublin Community, City Council, Staff, Dublin Police Services, and the Alameda County Sheriff’s Office. The liaison would also work with advocacy groups, including but not limited to Las Positas College, NAMI, NAACP, and ACLU. Implementation ImpactsDPS recently established the role of an LGBTQ+ liaison to assist members of that community during their interactions with DPS. Pursuant to this recommendation,this role will be expanded to enhance collaboration between DPS and the broader Dublin community, including advocacy groups like NAMI, NAACP, and ACLU, and relevant entities at Las Positas Community College. Ref. #RecommendationIP-7 The City of Dublin should proactively recruit instructors and intentionally seek class offerings that represent the diverse cultures and ethnicities in Dublin. Implementation ImpactsParks and Recreation Staff will work more proactively to recruit instructors and provide class offeringsthat represent the diverse cultures and ethnicities in Dublin.Staff will survey other jurisdictions to see how they accomplish this. In addition, Staff will be researching courses taught at local colleges to see if those professors would be interested in offering courses for the Dublin community. Ref. #RecommendationO-2 The City should provide ongoing DEI training for all City staff. This should include training specific to work roles (e.g., Communications Manager and Communications Analyst). O-3 The City Manager should embed DEI into the work and culture of the City, to include development of a Dublin City DEI process and decision-making checklist.Implementation ImpactsThe incoming Human Resources Director will be charged with researching and developing a comprehensive ongoing DEI training program for full-time staff which equips them with the tools to further embed DEI principles into the work of the City. Modified RecommendationsStaff is recommending the City Council approve the following modified recommendations. Following a review of these recommendations, Staff identified ways to modify them to achieve a similar impact while limiting staffing and budgetary impacts or to align the recommendations with existing administrative structure and City initiatives like the DPS Mental Health Unit. A matrix of these modified recommendations can be found in Attachment 2. A sample of the modifiedrecommendations, justifications, and implementation impacts is provided below.Recommendations with an asterisk (*) are truncated. 172 Page 5 of 9 Ref. #RecommendationP-1 The City Council should create a Police Advisory Commission. This Commission would support the City in monitoring the implementation of the Task Force’s Recommendations, as well as play an ongoing role in advising the City on ways to enhance police-community relations in Dublin. The Commission should host a facilitated, recurring community educational workshop on 21st century police and community relations best practices.Modified Recommendation The Police Chief will evaluate and form a Chief's Advisory Group. This group will act in an advisory capacity and provide feedback to the Chief on ways to enhance police-community relations in Dublin. DPS and the City will organize a public workshop on the topics included in the recommendation. Justification and Implementation ImpactsUnder the ACSO contract, the Sheriff has supervision and control over the standards of performance for DPS. Furthermore, control over the administration of the City and its employees and contractors is assigned to the City Manager. A Police Advisory Commission would not be the appropriate venue to advise the City Manager or Police Chief on police-community relations, as such advisory bodies are created to advise the City Council on a specific policy area, not on management-related matters.A Chief’s Advisory Group would provide the venue for community members to directly advise the Chief on ways to enhance police-community relations in Dublin. This model is being utilized by several surrounding jurisdictions including Livermore, Pleasanton, Fremont, and Hayward. The Police Chief is currently evaluating these structures to determine the best arrangement for DPS, with the goal of ensuring group members feel their ideas and opinions are heard but are also cognizant of the City's contractual relationship with ACSO, and, if any, roles of a County Oversight Board and/or Inspector General.Staff estimates that the cost of a public workshop on the topics included in the recommendation would cost approximately $15,000 for consultant/facilitator and materials costs.Ref. #RecommendationP-2*The City should advocate for the creation of an Alameda County Sheriff Oversight Board and Inspector General and that Dublin have a permanent seat on the Board. Additionally, the Cityshould create a Liaison Committee between the City Council and the Sheriff Oversight Board. Modified RecommendationCity Staff should monitor the development of the Alameda County Sheriff Oversight Board and Inspector General position. Should the Oversight Board be created, Staff will advocate for the City to have a dedicated seat on the Board to make sure the City’s specialized interests are represented.Justification and Implementation ImpactsAlameda County has initiated a public outreach program for the creation of a Sheriff Oversight Board and Inspector General position. The specific scope and charge of these bodies has not been identified and therefore the City cannot accurately advocate for their creation. Staff recommends the City monitor the creation of these bodies and advocate for the City to have a seat on the Oversight Board, if established. The need for a Liaison Committee will be revisited, once there is greater clarity on the role and responsibilities of the Oversight Board.Ref. #RecommendationP-5 The City, in collaboration with ACSO, should implement Co-Responder Teams consisting of one police officer and one mental health professional (licensed LMFT or LCSW) to respond to situations where people are experiencing a severe mental health crisis that could pose a threat to safety. 173 Page 6 of 9 Modified Recommendation The City of Dublin should establish a Behavioral Health Unit within Dublin Police Services, to be staffed by two licensed therapists and a supervisor from the ACSO Youth and Family Services Bureau. Justification and Implementation ImpactsThe City Council has received a report and provided direction to the City Manager to establish a Behavioral Health Unit within Dublin Police Services. This Unit will provide a variety of behavioral health services including crisis intervention and response as well as clinical case management. This work is ongoing and is funded through the City’s American Rescue Plan Act allocation. Ref. #RecommendationIP-1 The City of Dublin should host monthly Town Hall meetings designed to amplify the voices and concerns of diverse groups represented in the City of Dublin. Modified Recommendation The City of Dublin should develop a program of Quarterly Town Hall style community meetings. The meetings will be topic specific, hosted by the Mayor and a Councilmember. One meeting each year will be reserved for DEI-related topics. Justification and Implementation ImpactsThe planning for monthly Town Hall meetings would require a significant expenditure of staff time and resources, which would likely require an additional employee to support the planning efforts of each meeting. A program of quarterly Town Hall meetings can be absorbed within existing staff levels and budget. Rejected RecommendationsStaff is recommending the City Council reject four recommendations and portions of one recommendation. These recommendations and their reasons for rejection are discussed below. Recommendations with an asterisk (*) are truncated.Ref. #RecommendationP-2*The City should also advocate for the Sheriff Oversight Board and Inspector General to study harm reduction and procedural justice frameworks for policing, develop recommendations for the implementation of best practices identified from said study, conduct a public study session to discuss policing best practices, and develop a public report which includes findings, recommendations, and actions for the Sheriff’s Office.In the time leading up to the creation of the Sheriff Oversight Board and inspector General position, the City should advocate for ACSO and DPS to study the items included in this recommendation.The City Should advocate for the Sheriff Oversight Board and Inspector General to amend the Critical Decision-Making Model (CDM) to include self-evaluation and procedural justice during police response, including the assessment of the proportionalism, accountability, necessity, and ethics of police actions. Prompts pertaining to proportionalism can be added for further consideration in the CDM. Reason for RejectionThe advocacy efforts detailed in this recommendation are ultimately beyond the City’s control. From a policy perspective, the City cannot compel ACSO to study or implement the items included in this recommendation as ACSO has control over the standards of performance for the Sheriff’s Office. Therefore,such advocacy efforts would be an ill-advised use of staff time and resources which could be 174 Page 7 of 9 better utilized implementing other recommendations. Ref. #RecommendationP-6 The City should explore with DPS a policy to provide tickets for minor traffic violations via mail like parking or toll violations to reduce police/citizen interactions. Reason for RejectionDPS is unable to do this. To provide a citation for a moving violation, the citing officer must identify the individual driving the vehicle. This differs from parking citations where citations are sent to the owner of a vehicle. Ref. #RecommendationBC-3 The Mayor should utilize a DEI-weighted scoring system when evaluating Commission applications (e.g., demographics, underserved communities, etc.) to ensure an inclusive and equitable selection process. Reason for RejectionThe City cannot place this requirement on the Mayor as those appointment powers are granted under CA Government Code Section 40605 which states that “the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statue.”Ref. #RecommendationBC-4 The City Council should expand membership on all commissions to no fewer than seven members to allow for more opportunities for residents to serve on commissions. Reason for RejectionThe City’s commissions currently include at least seven members, including alternates.Ref. #RecommendationO-4 The City should ensure greater transparency regarding grants for which the City applies to allow for community input and comment.Reason for RejectionThis recommendation would be administratively prohibitive as the timelines for grant applications are often too quick to allow for any pre-submittal community outreach. Further City Council Direction RequestedStaff is requesting City Council direction on the following recommendations, as described below. Recommendations with an asterisk (*) are truncated.Ref. #RecommendationBC-7 The City Council should limit the duration of a term that a commissioner can serve on a commission to a period of four years. This term limit policy should include the following:-Commissioners would not be allowed to serve successive terms on the same commission but could reapply for non-successive terms. -Commissioners would be allowed to apply to be placed on another commission once their term ends. Question for City Council 175 Page 8 of 9 1.Does the City Council want to limit the duration of a term that a commissioner can serve to four years, pursuant to this recommendation? Ref. #RecommendationIP-5 Promote local restaurants and small businesses that are owned and operated by under-represented groups through new and existing local events.Question for City Council1.Are there specific events, beyond what the City currently provides, that the City Council would like implemented? Below is a list of things the City currently does to highlight local businesses: Discover Dublin! Facebook page –The City promotes local businesses on the Discover Dublin! Facebook page throughout the year with their specials and promotions. City social media accounts – New businesses with a public facing store front are announced on City social media channels. The City also announces expansions, second locations, awards received/recognition, etc. Tri-Valley Restaurant Week – The City encourages our businesses to participate in the annual Tri-Valley Restaurant Week. Dublin Business Brief – The City promotes all new businesses in the Dublin Business Brief, an electronic newsletter that is sent every other month. Visit Tri-Valley –The City is a partner with Visit Tri-Valley on the Ice Cream Trail, Beer Trail, and Coffee Trail, and promotes these opportunities to local businesses.Ref. #RecommendationCO-1 The City Manager should establish regular touchpoints and communications with a diverse group of community leaders and local organizations. Question for City Council1.Staff envisions establishing a Community Liaison role within the City Manager’s Office to serve as the single point of contact for community leaders and local organizations. Does the City Council have any further feedback on how robust of a program the City should establish? Ref. #RecommendationO-5 The City should create a DEI Commission to monitor implementation of Task Force recommendations, uplift best practices in DEI, and hold public hearings and receive public comments on equity and belonging in Dublin. Justification and Implementation ImpactsStaff is not prepared to make a recommendation regarding the creation of a new DEI Commission. In preparation of this item, Staff researched several DEI Commissions in the cities of Pleasant Hill, Temecula, Elk Grove, Lynnwood WA., and Northglenn, CO., to better understand how these bodies are conducting DEI work. The work of these bodies is consistent, with common tasks including identifying and wordsmithing proclamations, providing letters of support for local non-profit events, and planning public movie showings/book clubs. From this, Staff has concluded that these bodies are not the most meaningful way to ensure the work of the Task Force continues in a productive manner. 1.If the City established such a commission, what would the City Council want that body to work on regularly? Implementation ManagementThe timeframes to implement these recommendations vary from tasks which can be accomplished in the immediate/near term to more complex items that may take upwards of a year or longer to accomplish. The ongoing management of the final approved recommendations will be housed 176 Page 9 of 9 within the City Manager’s Office, with direct oversight by the incoming Human Resources Director.Progress on these items will be published in an annual report to the City Council. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. Members of the Community Task Force were notified of this meeting. ATTACHMENTS:1) Matrix of Approve Recommendations2) Matrix of Modified Recommendations 177 178 179 Item 7.1 Community Task Force Recommendation Review and Implementation Plan February 1, 2022 180 Background •Community Task Force presented their 43 Recommendations last August •Internal stakeholder group has worked to evaluate each to determine: –Can the recommendation be implemented as written? •If not, can it be modified to achieve similar intent? –Can the recommendation be achieved with existing resources? •If not, what is needed? 181 Approve Recommendations, 1 •Recommendations DT-1 through DT-5 –Pertain to data transparency for RIPA Stop Data, Use of Force, Complaints, Commendations, Officer Demographics, De-escalation. •Implementation Impact –DPS will hire a Crime Analyst to handle this work. •DPS is currently evaluating the best way to structure the position in combination with existing staff roles and responsibilities. •Estimated Annual Cost: $150,000. 182 Approve Recommendations, 2 •Recommendation O-2 and O-3 –City provide ongoing DEI Training for all City Staff. –Embed DEI into the work and culture of the City, including a DEI process and decision making check- list. •Implementation Impact –Incoming Human Resources director will be charged with researching and developing a comprehensive, on-going program for full-time staff, to embed DEI principles into the work of the City. 183 Modified Recommendation P-1 •Original Recommendation –Creation of Police Advisory Commission & 21st Century Policy/Community Relations Educational Workshop. •Modified Recommendation –The Police Chief will evaluate and form a Chief's Advisory Group. This group will act in an advisory capacity and provide feedback to the Chief on ways to enhance police- community relations in Dublin. –DPS and the City will organize a public workshop on the topics included in the recommendation. 184 P-1 Justification & Implementation Impacts •Sheriff, City Manager vs. Advisory Body Roles/Responsibilities. •Chief Advisory Group would provide space for community feedback on police-community relations. –Currently evaluating existing structures in neighboring jurisdictions. •Public Workshop estimated to cost $15,000 for consultant/facilitator, material costs. 185 Modified Recommendation IP-1 •Original Recommendation –City will host monthly Town Hall meetings designed to amplify the voices and concerns of diverse groups represented in the City. •Modified Recommendation –The City of Dublin should develop a program of Quarterly Town Hall style community meetings. –The meetings will be topic specific, hosted by the Mayor and a Councilmember. One meeting each year will be reserved for DEI-related topics. 186 IP-1 Justification and Implementation Impacts •Planning for monthly Town Hall meetings would require significant expenditure of staff time and resources, which would likely require an additional employee to support. •A program of quarterly Town Hall Meetings can be absorbed within existing staff levels and budgets. 187 Rejected Recommendations •Staff is recommending the City Council reject four recommendations and portions of one. •Reasons for rejection –Out of City control (P-2*) –Conflict with existing law (P-6, BC-3) –Redundant (BC-4) –Administratively prohibitive (O-4) 188 City Council Direction Requested •Recommendation BC-7 –Limit the duration of a term that a commissioner can serve on a commission to a period of four years •Commissioners would not be allowed to serve successive terms on the same commission but could reapply for non- successive terms. •Commissioners would be allowed to apply to be placed on another commission once their term ends. •Does the City Council want to limit the duration of a term that a commissioner can serve to four years, pursuant to this recommendation? 189 City Council Direction Requested, 2 •Recommendation IP-5 –Promote local restaurants and small businesses that are owned and operated by under-represented groups through new and existing local events. •Are there specific events, beyond what the City currently provides, that the City Council would like implemented? 190 City Council Direction Requested, 3 •Recommendation CO-1 –The City Manager should establish regular touchpoints and communications with a diverse group of community leaders and local organizations. •Staff envisions establishing a Community Liaison role within the City Manager’s Office to serve as the single point of contact for community leaders and local organizations. Does the City Council have any further feedback on how robust of a program the City should establish? 191 City Council Direction Requested, 4 •Recommendation O-5 –The City should create a DEI Commission to monitor implementation of Task Force recommendations, uplift best practices in DE, and hold public hearings and receive public comments on equity and belonging in Dublin. •Staff is not prepared to make a recommendation regarding this. –May not be the most meaningful way to ensure the work of the Task Force continues in a productive manner. •If the City established such a commission, what would the City Council want that body to work on regularly? 192 Next Steps •Timeframes to accomplish these recommendations vary from immediate/near term tasks to more complex, longer-term items. •Ongoing management will be housed in the City Manager’s Office –Direct oversight by Human Resources Director. •Progress on these items will be published in an annual report to the City Council. 193 Staff Recommendation •Receive the Report •Provide direction on requested items –Summary on next slide. •Approve the Implementation Plan. 194 Questions? John Stefanski Assistant to the City Manager 195 Summary BC-7: Does the City Council want to limit the duration of a term that a commissioner can serve to four years, pursuant to this recommendation? IP-5: Are there specific events, beyond what the City currently provides, that the City Council would like implemented. CO-1: Does the City Council have any further feedback on how robust of a Community Liaison program the City should establish? O-5: If the City established a DEI Commission, what would the City Council want that body to work on regularly? 196