City Council

DEKALB CITY COUNCIL AGENDA JUNE 22, 2020 5:00 P.M. **NEW LOCATION** DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, Illinois 60115 COMMITTEE OF THE WHOLE Please Note: On March 16, 2020, Illinois Governor JB Pritzker issued executive order 2020- 07 which declared that during the duration of the Gubernatorial Disaster Proclamation pertaining to the coronavirus outbreak, “the provisions of the Open Meetings Act, 5 ILCS 120/1, et seq. (the “OMA”), requiring or relating to in-person attendance by members of a public body are suspended. Specifically, (1) the requirement in 5 ILCS 120/2.01 that ‘members of a public body must be physically present’ is suspended; and (2) the conditions in 5 ILCS 120/7 limiting when remote participation is permitted are suspended.” The executive order further states that when a public meeting is considered necessary by the governing body, “public bodies are encouraged to provide video, audio, and/or telephonic access to meetings to ensure members of the public may monitor the meeting, and to update their websites and social media feeds to keep the public fully apprised of any modifications to their meeting schedules or the format of their meetings due to COVID- 19, as well as their activities relating to COVID-19.” This executive order has been extended by subsequent executive orders through the pendency of this meeting. On Friday June 12, 2020, Public Act 100-0640 became effective law. Public Act 100-0640 amends the OMA to allow public bodies, subject to certain conditions, to (1) conduct meetings by audio or video conference without the physical presence of a quorum of the members of the public body; and (2) provide alternative arrangements for members of the public to attend said meetings. Due to the COVID-19 emergency, the City of DeKalb has determined that it may be necessary to conduct meetings by audio or video conference without the physical presence of a quorum and provide alternative arrangements for members of the public to attend said meetings. The City of DeKalb has taken prudent steps to assure that virtual Council member attendance and public access are satisfied within the intent of the Governor’s executive orders, Public Act 100-0640 and other applicable law. Citizens wishing to view the meeting from home or elsewhere can tune in to Channel 14 or by following the link provided here. Accommodations have been made for citizens to comment on a topic listed on the agenda (or a topic not listed on the agenda) by clicking on the link provided here. Comments will be read by the Mayor at the appropriate time during the meeting. See page 6 of this agenda for virtual meeting information. Assistive services available upon request. Hearing assistance devices are available in the Information & Technology Office, which is located to the right, just before entering Council Chambers. Committee of the Whole Meeting Agenda June 22, 2020 Page 2 of 6 A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF THE AGENDA C. PUBLIC PARTICIPATION D. CONSIDERATIONS 1. Town Hall Discussion for Justice and Equality City Manager Summary: The horrifying death of George Floyd on May 25 on the streets of Minneapolis, face down with a police officer’s foot on his neck, understandably spawned anger and pain that has since occupied the attention of this country and the world. An immediate target of this brutality has been police methods, policies, and training but the emerging movement of the past month has raised questions that are generations and even centuries old. It is fair to say that our challenge is much bigger than police reform: we are all in the process of discovery about how we can overcome behavior that diminishes, demeans, or threatens our neighbors and fellow-citizens. In the City of DeKalb as in nearly every municipal setting across America, people of every race, ethnic or national origin, gender, age, and sexual orientation have been moved to speak out, and have asked the city government to listen, to collaboratively discuss reforms, and to take action. On Tuesday, June 16, the City’s Human Relations Commission held an extraordinary special meeting to listen to our residents and to identify the principle questions that need to be, and can be, addressed at the local level. The City staff and City Council were witnesses to that passionate conversation. The purpose of this Committee of the Whole meeting is to provide an opportunity for the widest number of persons to address the city government directly with their concerns, in keeping with the state executive orders regarding how we may safely congregate during the evolving phases of the COVID-19 crisis. As with the Zoom meeting conducted by the Human Relations Commission (HRC), the purpose is for the city leaders to continue to listen and then to charge themselves with the responsibility and the commitment to act in ways that will build trust, forbearance, enduring respect and a mutual commitment to justice. Participating members of the public will be asked to limit their remarks to about three minutes to maximize the opportunities for all who are interested in speaking. The meeting will last for about an hour since it leads into the regular bi-monthly meeting of the Council. An hour is not enough, and this town hall format may well be one of a series to follow until this engagement of voices and ideas leads to yet-to-be-defined results that propel us toward a more welcoming place to live and work.  Committee of the Whole Meeting Agenda June 22, 2020 Page 3 of 6 The town hall meeting will virtually take place in the Yusunas Room of the DeKalb Public Library. This is the first evening that the Council will hold its meetings in the beautiful DeKalb Library, and the first time that a new broadcast center installed by the City in the lower level of the Library will be put to use. We respectfully ask for the patience of all participants if any electronic glitches arise with the new broadcast equipment or the virtual town meeting format. ***************** At the HRC meeting on June 16, questions were asked about Police department policies and whether there has been any action to address concerns raised by the DeKalb community in recent weeks. For the public’s reference, the brief summary that follows identifies recent reforms that make the Police Department more responsive to community needs. a) Police Policies and Procedures. All Police policies and procedures are publicly posted on the City of DeKalb, IL website. Go to “Government,” then “Police,” then “About Us,” then “Department Policies.” On August 12, 2019, the City learned that the Illinois Law Enforcement Accreditation Program (ILEAP) had awarded the Department accreditation at its highest level, based in part on the best practices in its policies and procedures. The department had not been previously accredited. After the Elonte McDowell arrest on August 24, 2019, the “Use of Force” policy was further updated as follows: Standards of Conduct, Section 103.3: The use of any “choke hold,” lateral vascular technique, any type of forcible neck restraint, or other means of attempting to gain compliance by impairing breathing or restricting blood flow to the brain shall only be permitted where deadly force would otherwise be authorized. The use of any neck obstruction shall not be permitted to prevent evidence destruction by ingestion. The specific prohibition of “lateral vascular techniques” which constrict blood flow without a choke hold goes beyond the ILEAP protocols. Further, the following language has been added which makes it a requirement that any officer observing another officer using unauthorized force must intervene to prevent it: Duty to Intervene: Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intervene to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law shall immediately report these observations to a supervisor. Committee of the Whole Meeting Agenda June 22, 2020 Page 4 of 6 b) Shared Principles. The Illinois NAACP and Illinois Association of Chiefs of Police started working on a common set of principles in 2014 after Ferguson to bridge the mistrust between police and communities of color. The resulting shared principles were announced in 2018 and adopted by the DeKalb Police in March 2020. They are:  We value the life of every person and consider life to be the highest value.  All persons should be treated with dignity and respect. This is another foundational value.  We reject discrimination toward any person that is based on race, ethnicity, religion, color, nationality, immigrant status, sexual orientation, gender, disability, or familial status.  We endorse the six pillars in the report of the President’s Task Force on 21st Century Policing. The first pillar is to build and rebuild trust through procedural justice, transparency, accountability, and honest recognition of past and present obstacles.  We endorse the four pillars of procedural justice, which are fairness, voice (i.e., an opportunity for citizens and police to believe they are heard), transparency, and impartiality.  We endorse the values inherent in community policing, which includes community partnerships involving law enforcement, engagement of police officers with residents outside of interaction specific to enforcement of laws, and problem-solving that is collaborative, not one-sided.  We believe that developing strong ongoing relationships between law enforcement and communities of color at the leadership level and street level will be the keys to diminishing and eliminating racial tension.  We believe that law enforcement and community leaders have a mutual responsibility to encourage all citizens to gain a better understanding and knowledge of the law to assist them in their interactions with law enforcement officers.  We support diversity in police departments and in the law enforcement profession. Law enforcement and communities have a mutual responsibility and should work together to make a concerted effort to recruit diverse police departments.  We believe de-escalation training should be required to ensure the safety of community members and officers. We endorse using de-escalation tactics to reduce the potential for confrontations that endanger law  Committee of the Whole Meeting Agenda June 22, 2020 Page 5 of 6 enforcement officers and community members; and the principle that human life should be taken only as a last resort. c) Racial Intelligence Training for Law Enforcement and Public Service Professionals. The training was instituted in late September of 2019 and was initially conducted by NIU Police officers Shaunda Wilson and Rob Williams for the benefit of the Police command staff. The Department has since sent officers for “RITE” training so the entire department can go through the process on a regular basis. Slowed by the COVID restrictions of the past three months, all Department members should complete the program by the end of the calendar year. d) Officer Accountability: Body Cams. The City is going through the third of 3 vendor trials to identify an affordable and advanced body cam system. The objective is to have all sworn officers outfitted in 2021. The “buffering mode” is constant so everything can be recorded. If no officer involvement is shown, the video is retained for 90 days then recycled to protect the privacy of anyone who happened into the video. If there is an arrest, the video is stored indefinitely. The City Manager will find a way to present an FY2021 City Budget with the funding to implement this program on a permanent basis. The estimated cost will be about $150,000 including clerk assistance to properly store and index the hours of footage. e) Use of Force Involving a Firearm. Only three such incidents have occurred in the history of the department. The last was several years ago when a Police officer responding to a 911 call had to discharge his weapon to stop a white man from killing his parent with a knife. f) Counseling Services as Part of Police Department Responses. This summer the Department imbeds a social worker from the Gordon Center on a full-time basis. Funding from the Community Mental Health Board was secured through the good offices of Deanna Cada, the executive director. The social worker’s office will be at the Police Department, and she will ride with officers. g) No-Knock Warrants. Warrants are issued by the State’s Attorney’s Office. Such warrants are not pursued by the DeKalb Police Department. h) De-Militarizing Local Police Departments. The Department has worked with the Federal “Law Enforcement Support Office” (LESO) to purchase speed trailers, light generators, ammo for required weapons training, etc. over the years at deep government discounts. The Department purchased a used MRAP (Mine Resistant Ambush Protected) vehicle in 2006 from that program. It has no weaponry or water gun or tear gas capability and can only be deployed by the chief or designee. It is essentially a shell that withstands bullets; it is defensive and not offensive. Its high wheel-base has Committee of the Whole Meeting Agenda June 22, 2020 Page 6 of 6 made it useful in flood rescues but it can also be used in volatile hostage situations to protect officers and victims. i) Citizen’s Police Academy. This initiative which was successfully run a decade ago will be revived in the mid-to-late fall, along with volunteer ride- a-longs. j) The independent Fire and Police Commission will be meeting to review current hiring procedures relating to background interviews and testing. Each community with a Police Department should know how the department intends to serve and protect its residents and visitors. The DeKalb department has dedicated personnel who have been listening and learning in recent weeks under a flexible leadership that aims to serve the community well. The Department is not a caricature of those departments in other cities that have not listened and learned from the compassionate outcries of many people for a just and inclusive community. The commitment must be to never stop listening, learning, engaging, collaborating, and doing the right thing. E. EXECUTIVE SESSION None. F. ADJOURNMENT The City of DeKalb is inviting you to a scheduled Zoom meeting. 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