San Marcos City Council started a discussion for the first cite and release ordinance in Texas including cannabis possession. The cite and release program can be the first ordinance in Texas listing criteria for when arrests are to occur. Every town in Texas currently has this as a resolution. The council has a follow-up vote on April 7, 2020. As well, the ordinance has shifted drastically now with a one-word change. Now they face a threat for it.

The city council decided during this past meeting that the language for the ordinance would remove the word “only”. In a 4-3 vote, the council agreed to remove the word. The word is where a list of specific circumstances give an officer reason to arrest for a cite-eligible offenses. A majority of the council believed it was too limited of officer discretion. The reasoning for such became more apparent during the hearing though.

In a press release obtained from Mano Amiga, the council members revealed during the meeting they had received a threat. The threat came in an intransigent e-mail from Jesse Saavedra, SMPOA (San Marcos Police Officers Association) president. Mano Amiga obtained the letter via an open records request.

In Saavedra’s denunciation of the proposed Cite & Release Ordinance he writes,

“SMPOA will advise its members to cite and release all offenders” and that the result will be “all street diversions (verbal warnings) receiving citations and all who have benefited from officer discretion and their street diversion to be entered into the criminal justice system.”

Instead of issuing a warning for speeding, or for having a bit of pot, SMPOA will instruct officers to initiate a criminal case against everyone they encounter. Everyone who they perceive to be in violation of the law, no matter how petty.

San Marcos City Council takes a final vote on the Ordinance April 21; the first reading passed 4-3 in favor on Tuesday.

Eric Martinez, policy director for Mano Amiga, stated, “Our Cite & Release Ordinance stems from vast community concern about excessive criminalization in San Marcos, rendering SMPOA’s threat to actually expand criminalization both baffling and deeply disappointing.”

Jordan Buckley, a Mano Amiga co-founder, said, “This illogical tantrum from the police union speaks volumes of why City Council must provide prudent guidance for our law enforcement officers, and not allow the police union’s irrational nonsense to further jeopardize community safety.”

What does this mean?

Justification is for an arrest to be made over cite and release, not cite and release over verbal warning. Or justification over street diversion. The police union stated they’ll no longer promote officers using street diversion if the ordinance is passed. They’ll direct them to cite-and-release over the justification portion used on arrests. For those that wish to reach out to the city council and advise to move forward with the ordinance, send an email at councilmembers@sanmarcostx.gov

Mayor Jane Hughson and council members Ed Mihalkanin and Saul Gonzales voted in opposition of the ordinance, citing concerns over some of the qualifying misdemeanors for cite-and-release, specifically criminal mischief, graffiti, theft of property and theft of services.

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