06 Attachment 2 - Community Workshop #1 Summary1 of 10
Summary of Community Workshop #1: Police Practices and Potential Reforms
September 8, 2020
Mayor Marcia Jensen welcomed the community, explained how we got here, and stated that Judge
LaDoris Cordell would be facilitating the meeting.
Judge Cordell explained her background, provided an overview of the workshop agenda, and
reviewed ground rules.
Chief Peter Decena presented a brief overview with statistics on use of force, crimes, and the racial
composition of those arrested or who received citations.
Town Attorney Rob Schultz identified the low number of settlements due to Police misconduct in Los
Gatos.
Judge Cordell provided an overview of bills pending the Governor’s signature that could reform some
aspects of policing throughout California.
Town Manager Laurel Prevetti identified three potential areas of reform that had been raised at Town
Council meetings, General Plan Update Advisory Committee meetings, or in correspondence:
• Divert funding from the Police Department to hire Social Workers to respond to mental health
and/or homeless calls for service
• Disarm or cancel the School Resource Officer partnership with the school districts
• Consider some form of Police oversight to improve accountability
Judge Cordell welcomed community comments on these and other potential reforms, community
experiences with the Police Department, and other items. The workshop would run as long as people
wanted to talk.
Q&A/Comments Addressed During the Workshop
Ali Miano
- Commented on concerns regarding overpolicing and racial profiling. Shared an experience
regarding a time in Bachman Park where she witnessed a man that may have slept in the creek bed
where four police cars, two social workers, a fire truck and an ambulance were present.
Commented she had experienced racial profiling when stopped by a Los Gatos-Monte Sereno Police
Officer.
Kathy Kroesche
- Inquired when body cameras are required to start and stop during all public interactions, if the
recording is automatically sent to a neutral third party database where it cannot be altered, and
how often officers change partners.
Chief Decena stated body cameras are required to be on during any contact with a community member
and during all enforcement stops. The body camera footage has a cloud-based data system where it is
automatically uploaded and has digital fingerprints, and LGMSPD does not have the staffing levels for
partners with the exception of the K-9 officer (whose partner is a dog) and Officers-in-training.
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Lee Fagot
- Commented regarding his two Police ride-alongs. He observed during the first ride-along that the
Officer actively prevented potential crime and traffic violations, and helped people find resources to
assist with mental health issues. During the second one, the Officer de-escalated a situation where
a person had already committed a crime.
- Commented that first responders should include personnel with expertise in social-emotional well-
being.
Catherine Somers
- Inquired about the racial make-up of the Los Gatos Monte Sereno Police Department (LGMSPD) and
commented the Police Department has a designated person who works with the homeless
population to provide and connect them to resources.
Chief Decena stated the Police Department is made of up 69% white, 22% Asian/Pacific Islander, 6%
Hispanic, and 3% Black individuals. 84% are male and 16% are female. There are no self-identified
LGBTQ personnel.
Amy Nishide
- Commented in support of all the proposed reforms especially disarming the School Resource Officer
(SRO) and creating a civilian oversight committee. Inquired why Officers were seen not wearing
masks and why ex-Officer Silva was hired in the first place.
Chief Decena stated Officers are required to wear masks and encouraged the community to contact the
Police Department if officers are seen in violation of the rule. He offered to meet with Amy to discuss
the hiring of ex-Officer Silva.
Anonymous Attendee
- Inquired why Officers are wearing military-style uniforms (i.e., combat pants) instead of the usual
blue uniform and requested the Town require the Officers to wear the blue uniform when
patrolling.
Chief Decena stated Officers have been allowed to wear external vest carriers for the health of the
Officers due to the weight of their gear. Some Officers wear a vest and others wear pants with multiple
pockets. Town Attorney Robert Shultz stated Senate Bill 480 would bar law enforcement from wearing
camouflage uniforms and other military style uniforms.
Anonymous Attendee
- Inquired how Officers are trained to handle situations of potential racial profiling. For example,
community members calling the Police because of perceived threats posed by a Black or Brown
person in a neighborhood, in a store, etc.?
Chief Decena stated that Officers respond to all calls to provide a high level of customer service. All
Officers are trained to assess a situation and handle it appropriately.
Folake Phillips
- Inquired how can Officers who are racist be addressed.
Chief Decena stated everyone has biases and while Officers cannot be told what to think, they can be
told how to act. They are required to treat all people fairly or face appropriate consequences.
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Jeffrey Suzuki
- Commented carotid restraint is cutting off the blood flow and is dangerous, supports establishing
civilian oversight, and inquired if the use of force is so low, why armed Officers are the first
responders.
Chief Decena agreed that the use of carotid artery hold can be dangerous. He said sending an armed
Officer to what is likely not a violent call for service is a philosophical discussion and invited Mr. Suzuki
to contact him to discuss further.
Nika Sabouri
- Commented her Iranian American uncle was pulled over by LGMSPD and was searched in front of
his home. He was let go once his wife, who is a white woman, waved to her husband. They did not
feel welcome to live in Los Gatos. They did not file a complaint. Commented that not all of the
Police misconduct is investigated or reported. Commented that the LGMSPD tried to
discourage/cancel a BLM protest in Town.
Kareem Syed
- Thanked the Town for holding this workshop. Inquired what civilian oversight forms have worked in
the Judge’s experience and what else can we do as a Town to ensure these issues are being
addressed.
Judge Cordell stated it would take too long to address this particular question as there are several
options. She encouraged the community to visit the website NACOLE.com to learn about different
models that are working for similar sized Police Departments and cities. She stated the key is that the
Police should not be investigating themselves when there are complaints about misconduct. She stated
civilian oversight models vary greatly and encouraged the community to take a look at what the City of
San Jose is considering with the proposed Charter change before the voters in November.
Anonymous Attendee
- Inquired why personnel complaints are investigated internally and requested the Town commit to
an independent review body.
Chief Decena stated outside investigators are sometimes brought in and the Town is open to the idea of
an independent review body.
Anonymous Attendee
- Inquired about what the disproportionately high arrest rate of Hispanic and Black individuals is
attributed to.
Chief Decena stated that more research is needed to fully answer the question. The statistics presented
are a small portion of the full stop data and with technology upgrades, the Town will be able to delve
into the full picture.
Randi Chen
- Inquired about the ethnic make-up of the Police Department.
Chief Decena stated the Police Department is made of up 69% white, 22% Asian/Pacific Islander, 6%
Hispanic, and 3% Black individuals. 84% are male and 16% are female.
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Emeric Bisbee
- Commented in support of reallocating Police funds to unarmed first responders and social services.
The Town needs different programs.
Daniel
- Thanked the Town for holding the workshop. Inquired how to report Police Officers that are not
wearing masks, what percent of monies from patrol can be allocated to social services that would
address mental health calls for service, where the contact numbers come from, how the Chief
engages the Officers to ensure buy-in of compassionate policing, and if the Chief believes some
services may be better handled by other Departments.
Chief Decena stated Officers are required to wear masks; the Captains are listening to this workshop and
will address this issue with the Officers. All Police Officers are required to undergo Crisis Intervention
Training. In addition, The LGMSPD has been working with the Santa Clara County Behavior Health
Services to facilitate mobile crisis response to some mental health calls. The LGMSPD is open to hiring
social workers but has seen difficulties in other jurisdictions finding licensed clinical social workers who
are interested in the scheduling of rotating shifts/on-call. The Chief believes mental health calls and
homeless issues can be better served by another Department. Buy-in is gauged by what the Chief sees
and the feedback from the community. He sees the Officers demonstrate compassion in their work. All
contacts are documented by the communication aided dispatch/records management system
(CAD/RMS) which is being upgraded to better track data for each contact.
Clay Goodman
- Inquired why don't Police persons "Walk the Beat"?
Chief Decena stated Officers walk the beat when the workload permits it given the large beat areas and
calls for service. They do premise checks. Currently, there is no single Officer assigned to the downtown
walking beat due to staffing; however, he would like to see that in the future.
Wayne Heimsoth
- Inquired how many people are on this Zoom meeting?
Town Clerk Neis stated 80 participants was the highest number of attendees and 59 participants were
on at the time of the question.
Clay Goodman
- Inquired if carotid artery moves are necessary to protect the Police force?
Chief Decena stated he was reluctant to remove the carotid artery hold completely, and internal policy
was changed to allow the use of that hold only if absolutely necessary. Town Attorney Robert Shultz
stated there is currently a bill that will ban the use of the carotid artery hold.
Amy Nishide
- Commented a positive experience with the LGMSPD when a man used her yard to urinate. The
Officer notified Amy that if she wanted to press charges, the person may get caught up with I.C.E.
She commented that the LGMSPD needs to take additional care of who they stop and requested the
Chief publish the reasons why he hired ex-Officer Silva.
Chief Decena stated that hiring decisions are personnel matters so documents will not be able to be
published; however, he is happy to discuss it with her. Town Manager Prevetti stated that last year
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when the community was concerned about Officer Silva, both she and the Chief met with community
members to discuss it. She added that the Town is now more rigorous in the hiring process and
continues to learn from past experiences.
Lee Fagot
- Commented that he supports continuing reallocation of funds to other programs, requested this
workshop topic be continued to the next workshop, that he supports the SRO be armed, and invited
the Chief to the next Democracy Tent meeting on Monday, September 14.
Laurel Prevetti stated the next workshop topic will be on affordable housing. The Police topic would not
be continued to that workshop, but it will be discussed by the Town Council on September 15.
Nika Sabouri
- Commented on the large Police presence at the Fisher Middle School walk out which seemed to
prevent the students from protesting and inquired what the SRO has done to protect the students.
Chief Decena provided a couple of examples of what the SRO does, including teaching a vaping
diversion class, and participating in Behavioral Intervention Training with High School staff to help
identify students in potential mental health crisis and connect them to resources.
Bill Ehlers
- Has the LGMSPD received any equipment from the Defense Department program called 1033? If so,
what and where is it kept? The Police motorcycles, which I understand are primarily used for traffic
matters, carry military style rifles. Why is this? Do the patrol cars and SUVs also carry such rifles?
Chief Decena stated they discontinued that supply source in 2015. Motorcycle Officers are mainly used
for traffic stops but can be called to respond to patrol calls. All of the Officers have rifles because
criminals have superior weapons.
Alicia Cinema Stereo
- Commented on the status of the world right now. Asked the Chief for his personal thoughts about
the protests and the BLM movement and how he will support and protect everyone.
Chief Decena stated he is in support of peaceful protests and that the nation has a long way to go. He
said that it is great that the Town’s youth are organizing the protests. These recent protests feel
different because more people are outraged. His family had negative experiences in the internment
camps.
Jeffrey Suzuki
- Inquired if an armed Police Officer is the right response to non-violent calls for service, such as
barking dogs. Commented on concerns that materials regarding ex-Officer’s Silva’s hiring are not
available and requested the Town consider publishing materials. Inquired how the Los Gatos Anti-
Racism Coalition can help the Town with these issues.
Town Manager Prevetti encouraged the community to stay engaged in these issues and to join the Town
in working toward a better community. Later in the workshop, the Mayor would identify specific next
steps.
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Heidi Owens
- Inquired why 19 policies in the Police Manual are not available to the public and who reviews the
policies.
Town Manager Prevetti and Town Attorney Rob Schultz stated that the policies that are not available to
the public have to do with Police procedures for handling certain incidents and that this information is
not publicly available to protect Officer safety. The Town Attorney reviews all policies.
Heidi Owens
- Is the Police Officers Association union Memorandum of Understanding or contract publicly
available? If not. can you publish it?
Town Manager Prevetti stated the Police Department MOU is publicly available on the Town’s Human
Resources webpage.
Alicia Cinema Stereo
- Does the Chief believe that there is an issue of systemic racism in the history of the United States?
Does he believe that Black lives are valuable and deserve to be treated with respect in this country?
What are his thoughts on the police brutality that is occurring throughout the United States?
Chief Decena stated he has witnessed systemic racism and is committing to combating it. Yes, Black
lives matter and there is no defense for recent Police killings, such as the murder of George Floyd.
Anonymous Attendee
- How much is the Judge (contractor) being paid to be on this call?
Judge Cordell stated the contract and information regarding her compensation will be made public upon
payment.
Kareem Syed
- Thanked the participants for putting on the workshop.
Anonymous Attendee
- Asked can you define "community policing" as a term?
Chief Decena stated establishing relationships in the community, working with the community to decide
any issues that need to be addressed, and it is how the LGMSPD does business every day.
Council Member Rennie
- Commented the LGMSPD have 32 operational sworn officers and 22 civilian officers. This is 40%
civilian which means a not insignificant part of the budget is for civilians. It is easier for us to
imagine what the sworn officer does, but since less visible, it is much harder to imagine why we
have 22 civilians.
Chief Decena stated civilian personnel are dispatchers, records specialists, community outreach, and
other essential positions. They are critical to how the Department conducts business.
Anonymous Attendee
- Commented the Police do not know what they will be encountering when they respond to calls for
service.
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Barbara Rogan
- Commented in opposition of cancelling the Police/school partnership.
Matt Hemmis
- Inquired if a third party evaluated any use of force action, what new types of training are in place for
de-escalation tactics, if contacting Crisis Intervention Training (CIT) team for mental illness
interactions should be a requirement and who makes that call, and if the Chief could provide
examples of compassion training the Police force undergoes.
Chief Decena stated every use of force is evaluated internally and occasionally by an outside
investigator. Officers learn de-escalation techniques in defensive training and go through 40 hours of
Crisis Intervention Training. The Department utilizes the mobile crisis response team, and the Officers’
CIT help to achieve long-term solutions. He and other Officers have gone through the Stanford
University Compassion Institute Mindfulness program. He credited Palo Alto Chief Bob Johnson and
Emeryville Chief Jennifer Tejada for introducing mindfulness to Police.
Alicia Cinema Stereo
- Inquired where the Compassion Institute is located and how she can get involved.
Chief Decena stated the Compassion Institute is located at Stanford and she could contact them directly
for how she can get involved.
Barbara Rogan
- Inquired where are questions not located on the Q&A coming from.
Town Manager Prevetti stated some questions were received in advance via email.
Rachael Londer
- Inquired about the purposes of unmarked Police vehicles.
Chief Decena stated it depends on the scenario; however, unmarked vehicles are usually involved if
having a marked vehicle may escalate a situation.
Ali Miano
- Inquired if tracking which Officers stop or arrest higher proportions of Black and Brown individuals
may be a solution and may increase accountability, and inquired how to ensure each Officers’
accountability.
Chief Decena stated the suggested solution is possible with updated CAD/RMS technology, and Officers
are disciplined appropriately.
Emeric Bisbee
- Are the Officers who are the subject matter experts on mental health calls carrying weapons when
they respond?
Chief Decena stated that the Officers carry weapons when responding to mental health calls.
Ali Miano
- Commented on the unmarked car and the racial profiling she experienced at local protests and
asked what we are going to do about racial profiling by our Police. She inquired why are the Police
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in charge of people living on the streets? Commented that’s precisely an area to which we could
allocate effective services, like homes for the homeless.
Chief Decena stated that an unmarked car was at the protest to provide presence without inflaming a
potential situation. The Police Officers are last resorts to respond to homeless concerns. The Town has
13-16 unhoused persons that are residents of Los Gatos. We also have Officers that work directly with
the homeless and know them well. Officers try to connect the homeless with available resources.
Police response is a short-term solution to responding to homeless and mental health calls.
Daniel
- Commented about unmarked vehicles at the protests and inquired what the next steps are after
this workshop.
Chief Decena stated the unmarked car was located at a BLM protest to monitor the event to ensure the
safety of the protesters. The Mayor would describe next steps at the end of the workshop.
Jeffrey Suzuki
- Expressed his appreciation for the workshop.
Alicia Cinema Stereo
- Asked Judge Cordell if there was anything that should have been asked that wasn’t and what she
thought about the process and Los Gatos.
Judge Cordell stated she was there to facilitate the process and not to critique, she didn’t think there
were any unasked questions, and she thought Los Gatos was on the right path.
Maria Ristow
- Inquired how community members can sign up for ride alongs.
Chief Decena stated the community typically can sign up for ride alongs; however, the program is
paused due to the pandemic. The Citizen’s Police Academy is another opportunity to engage after the
pandemic is over.
Anonymous Attendee
- Inquired if a SRO created a vaping sting operation and if the principal or faculty could have handled
vaping discipline.
Chief Decena stated the SRO created a vaping awareness class, not a sting operation.
Anonymous Attendee
- Inquired if Police Officers are required to watch the recording of this meeting so they can hear the
community's concerns and hear Town leadership’s guidance.
Chief Decena stated a number of Officers are watching currently, and that all of these concerns will be
brought up to staff.
Jeffrey Suzuki
- Commented on the second question I asked earlier in my statement was whether we can release
data regarding the ethnic and racial composition of arrests and citations, perhaps on a yearly basis.
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Chief Decena stated the LGMSPD will begin collecting full data in 2022, but will be collecting basic data
on the new technology which can be published annually on the Town website.
Anonymous Attendee
- Inquired if the Chief understands the nature of implicit bias, and can further explain why implicit
bias training is not mandatory. No “overt racists” on the force is a painfully low bar.
Chief Decena stated the Town encourages Officers to take implicit bias classes and has held diversity
panels with members of the Islamic, Sikh, and Jewish religions. Implicit bias is something the LGMSPD is
aware of and is something we attempt to expose the Officers to. Judge Cordell stated that Stanford
Professor Jennifer Eberhardt is a MacArthur Genius and the leading expert on implicit bias and
mentioned she may be available to offer more insight. Professor Eberhardt wrote the book “Biased:
Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do.”
C. Musser
- Commented that the LGMSPD does a great job with the homeless and just finding affordable
housing will not solve the problem, it’s much larger than that.
Catherine Somers
- Inquired how allegiant the Chief is to the Police Foundation Board and how the community can be
assured that the Chief makes his own decisions about the LGMSPD Force?
Chief Decena stated that was cautious about the Police Foundation. The Foundation has an excellent
Board of Directors that is committed to this Town and provides financial support to the Police
Department in the form of Police dogs, training, and some equipment. He is not beholden to them for
law enforcement decisions.
Anonymous Attendee
- Inquired what are the next steps for the Town Council and this group, if this group solely responsible
for determining how funds are allocated, and how to move forward with reallocating funds.
Commented the Chief himself said he’d be happy to accept defunding and reallocation to support
mental health calls.
Closing/Next Steps
Mayor Jensen thanked the attendees for a constructive and positive session. She thanked all Council
Members for being in attendance to listen with her. She thanked the Judge, and staff, and outlined the
next steps at the end of the workshop. She invited the community to attend the next Council Meeting
on September 15 via Zoom at which time the Council would decide how to proceed on Police reforms.
The next community workshop is September 29 on affordable housing and in October, there will be a
workshop on Community Culture. She invited everyone to attend. After each workshop, Town Council
would take up the matter: listen/learn, then assimilate and take action.
Judge Cordell thanked the attendees and acknowledged the courage for leadership to take this step.
She expressed that she is ever hopeful for a stronger, kinder nation and encouraged action.
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Additional Written Q&A Previously Addressed During the Workshop
Rachael Londer
- Hello! Every time I have seen an Officer in a vehicle, walking or directing traffic they have not been
wearing a mask. Is this a rule for them? It has made me feel extra unsafe to have to interact with
unmasked Officers.
Anonymous Attendee
- Yes to civilian oversight; yes to reallocating some Department funds to social services to support
homeless folks, folks with mental health issues, etc. so Police aren’t the first dealing with those calls;
and yes to disarming School Resource Officers and investing in counselors in the schools. And please
wear a mask. Thank you.
Daniel
- You got them, thank you.
Emeric Bisbee
- Answer to the Anonymous Attendee: I think the masks the Officers are wearing are better than the
ones they put on Daniel Prude’s head.
Emeric Bisbee
- Anonymous Attendee: you can get enough oxygen wearing a mask.
Emeric Bisbee
- no armed Police on campus.
Anonymous Attendee
- Police Officers Association MOU: https://www.losgatosca.gov/1702/POA
Terry Duryea
- Thank you for organizing this and inviting Judge Cordell, she is worth every penny.
Bill Ehlers
- Thanks for the engagement.
Maria Ristow
- Thank you all around.
Clay Goodman
- We support armed Police at our schools.
Anonymous Attendee
- The Police uniforms do not look militaristic. They are functional only.
Anonymous Attendee
- We want our Police force to receive enough oxygen. The masks do not protect anyone from any
viruses!!