In the wake of recent Berkeley protests, the City Council will take up three proposals Tuesday night (January 27th) introduced by Berkeley City Councilmember Jesse Arreguin to support the demands from activists in Ferguson, MO; call for an independent investigation into police use of tear gas at the December 6, 2014 protests; and temporarily ban the use of tear gas and other non-lethal force for crowd control.

The killings of Michael Brown, Eric Garner and other unarmed black men at the hands of law enforcement have led to protests throughout the country. Berkeley, which is the birthplace of the Free Speech Movement, saw thousands of residents take to the streets in support of the Black Lives Matter movement. On December 6, 2014, the first night of major demonstrations, Berkeley police called in mutual aid and met protesters in full riot gear, armed with batons, shields and helmets.

In response to a small number of people throwing objects and engaging in violence, police used baton strikes, rubber bullets and tear gas to break up a largely non-violent crowd. Tear gas has reportedly not been used in a Berkeley protest in decades.

In the wake of this excessive police response, Councilmember Arreguin has received numerous complaints by citizens who were hit with batons and shot at with tear gas and rubber bullets. At the December 16, 2014 and January 17, 2015 Berkeley City Council meetings, the vast majority of public speakers talked about the police response to protesters and the need to investigate and take action to improve Berkeley’s response to crowd situations.

The Berkeley Police Review Commission on December 10, 2014 voted unanimously to ask the Council to initiate an independent investigation into the use of tear gas on December 6th and to call for a review and overhaul of BPD policies on crowd control and use of force. The Berkeley Peace and Justice Commission has also voted to support these reforms.

In response, Councilmember Arreguin has proposed three items directly addressing community concerns over the use of force. The first item would put the Berkeley City Council on record in supporting the demands from activists in Ferguson, MO.

The second calls for the Police Review Commission to initiate an investigation into the use of tear gas, rubber bullets and force in responding to the protests on December 6, 2014. The third calls for a review of BPD’s policies on responding to protests and large crowds and would adopt a temporary policy to ban the use of tear gas, rubber bullets and other non-lethal munitions until a review and update of our crowd control policies is completed.

“Temporarily suspending the use of tear gas and other non-lethal force until we investigate and change our tactics is the prudent approach, and will ensure that what happened on December 6th does not happen again.” said Councilmember Arreguin, “The City needs to not only learn from what occurred and change our approach in responding to protests, but also in how we interact with communities of color. Police violence in Ferguson, MO or in Berkeley, CA is not acceptable. By adopting these reforms Berkeley can effectively manage crowd situations and at the same time maintain its reputation as a center of free speech and political activity.”

Links to the proposals can be found here:

E. Support the National Demands by Ferguson Action (Continued from January 20, 2015)

From: Councilmember Arreguin

Recommendation: 1. Adopt a motion endorsing the National Demands from Ferguson. 2. Advocate for changes to the Alameda County District Attorney policy to include investigations to all in-custody deaths. 3. Issue a statement of concern and support for people of color and their families who have been affected by injury or death by law enforcement agencies.

Financial Implications: None

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

F. Amendments to BPD General Orders C-64 (Crowd Control), M-2 (Mutual Aid) and U-2 (Use of Force) (Continued from January 20, 2015 - Item includes revised recommendation.)

From: Councilmember Arreguin

Recommendation:

1. Refer to the Police Review Commission (PRC) and City Manager the attached changes to BPD General Orders C-64, M-2, U-2, and request that they return to the City Council with recommended revisions to the General Orders. The proposed changes are modeled after the Oakland Police Department’s recent amendments to their Crowd Control Policy and address issues raised with the police response to the December 6, 2014 Ferguson protests.

2. Adopt a motion declaring as a temporary City of Berkeley policy that the use of chemical agents (tear gas etc.), Specialty Impact Less-Lethal Weapons (“projectiles” or rubber bullets, wooden dowels, stinger grenades, rubber bullets) and over the shoulder baton strikes, are prohibited uses of force in responding to crowd situations, until such time as an investigation is conducted as to the Police response to the December 6, 2014 protests, and a review of General Orders C-64, M-2, and U-2 is completed.

Financial Implications: Unknown

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

G. Independent Investigation of Police Response to December 6, 2014 Protests (Continued from January 20, 2015 - Item includes revised recommendation.)

From: Councilmember Arreguin

Recommendation: Direct the City Manager to initiate an independent investigation into the police response to protests on December 6, 2014 and to return to Council as soon as possible, but no later than 60 days with a contract to hire a qualified independent investigator. In considering who to select to conduct the investigation, the City Manager should give preference to former police chiefs or law enforcement officials with experience conducting internal investigations. To avoid the appearance of or possibility of conflicts of interests, the City Manager should avoid selecting an individual or firm who previously worked for the Berkeley Police Department or who previously or currently worked for any law enforcement agency in the San Francisco Bay Area. The City Manager shall ensure that the selected individual or firm has no apparent conflicts of interest.

The Council also refers the questions attached to the report for the City Manager and outside investigator to consider in conducting their investigation.

Financial Implications: Unknown

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

WHEN: Tuesday, January 26, 2015, 7:00 p.m.

WHERE: Berkeley City Council Chambers, 2nd Floor, 2134 MLK Jr. Way