The City Council met in Work Session on Tuesday, October 21, 2014, at 2:00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members James Rogers, Luke Garrott, Erin Mendenhall, Lisa Adams, Charlie Luke, Kyle LaMalfa, and Stan Penfold.
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Deputy Council Director; Brian Fullmer, Constituent Liaison/Budget Analyst; Benjamin Luedtke, Council Constituent Liaison/Legislative Project Coordinator; Chris Burbank, Chief of Police; Sgt. Derek Christensen, Salt Lake City Police Department; Rick Rasmussen, Police Civilian Review Board Administrator; Sean Murphy, Council Policy Analyst; Mike Akerlow, Director of Housing and Neighborhood Development; Lt. Scott Teerlink, Salt Lake City Police Department; Nick Tarbet, Council Policy Analyst: Cheri Coffey, Acting Director of Planning; Joel Paterson, Planning Supervisor; Michaela Oktay, Planning Manager; Candee Allred, Assistant City Recorder; and Beverly Jones, Deputy City Recorder.
Councilmember Luke presided at and conducted the meeting.
The meeting was called to order at 2:11 p.m.
AGENDA ITEMS
#1. RECEIVE A FOLLOW-UP BRIEFING ON:
c) 2:11:55 PM TRAINING ON MINIMIZING USE OF LETHAL FORCE. The Police Department’s record in avoiding and minimizing the use of lethal force and related training curriculum. The Council requested this briefing to ensure Salt Lake City Police Officers are provided with adequate training to avoid and minimize the use of lethal force when encountering aggressive humans or animals. View Attachments
Brian Fullmer, Benjamin Luedtke, and Chief Burbank briefed the Council on training given to police officers. The Council instructed the police department to request funding if additional training tools were needed.
d) 3:44:15 PM IMPROVEMENTS TO PROCESSING SEXUAL ASSAULT EVIDENCE COLLECTION KITS. The status of sexual assault evidence collection kit (rape kit) processing. The briefing will include information about the backlog of kits, testing costs, and options for testing at the State Crime Lab and other labs. View Attachments
Benjamin Luedtke, Brian Fullmer, Chief Burbank, and Sgt. Christensen briefed the Council on the status of processing sexual assault evidence collection kits. Mr. Luedtke introduced policy statements regarding the processing of evidence kits.
•Straw Poll Taken: The Council unanimously affirmed the following policy statements in Attachment II of the Council Report regarding improvements to processing sexual assault evidence kits:
1. Sexual assault is a serious crime and Salt Lake City vigorously pursues justice for victims of all serious crimes.
2. All victims deserve closure and certainty that DNA evidence is actively processed and recorded.
3. There is potentially valuable information in each Code R kit and Salt Lake City should test DNA evidence from all kits – new and old.
4. Even DNA evidence from known suspects can have evidentiary value in other cases.
5. Processing DNA evidence from Code R kits in a timely manner may identify serial rapists or perpetrators of other serious crimes.
6. Decisions about testing DNA evidence from Code R kits should not be unduly influenced by budget constraints. In addition, the costs of testing DNA evidence from all Code R kits should be fully funded without delaying DNA analysis of other investigations.
7. The Salt Lake City Council affirms that a higher public purpose is served by testing DNA evidence from all Code R kits, at least through the U-Quick process, despite the expense associated with DNA evidence testing and differing views about when to test it.
8. Increased funding should translate into immediate testing of DNA evidence from Code R kits to prevent exacerbating the backlog of untested kits.
9. A completion deadline should be set for testing DNA evidence from all old Code R kits.
10. Salt Lake City places a high priority on maximizing efforts to get Code R kit test results entered in appropriate DNA databases.
11. Timely testing of DNA evidence is in the public interest.
12. The degree to which a victim continues to collaborate with police should not be a determining factor in whether DNA evidence from Code R kits is processed and recorded in DNA databases.
13. DNA evidence from Code R kits should be processed and recorded in DNA databases whether or not a victim was impaired at the time of the assault.
14. Salt Lake City supports efforts of the State Crime Lab, the State Legislature, the Sexual Assault Kit Processing Work Group, Salt Lake City Police Department, other local government agencies, and private organizations to develop creative solutions that meet the goals of timely justice for sexual assault victims.
15. The state-wide backlog of untested Code R kits affects multiple law enforcement agencies in Utah which causes delays in testing Salt Lake City’s cases at the State Crime Lab.
16. Municipalities and partners should work together to advocate for increased State funding and resources proportionate to the number of Code R kits, and evaluate opportunities for collaboration at the local level.
17. A new DNA lab, whether Salt Lake City owned, or a public-private partnership, should utilize a sustainable model that other municipalities could replicate.
18. Changes in funding and processing at the State Crime Lab, including the U-Quick program, should be considered when Salt Lake City evaluates testing options.
19. Salt Lake City should not wait on additional State action to start testing DNA evidence from Code R kits.
20. Salt Lake City recognizes that testing DNA evidence from all kits may increase demands on the City’s Prosecutor and Justice Court. An increase in testing DNA evidence from Code R kits should coincide with an allocation of necessary resources and policy changes for increased prosecutions.
21. Opportunities for collaboration between the District Attorney and the City Prosecutor regarding prosecution of sexual assault cases that do not rise to the felony level should be considered.
22. A continued collaborative partnership with law enforcement and the District Attorney is essential.
23. Salt Lake City’s Code R kit processing procedures should be based on best practices and not average processing rates elsewhere in the county.
24. Recent advances in understanding how sexual assault affects victims, such as disruptions to memory processes and PTSD symptoms, should be integrated when reviewing current Code R kit processing procedures.
•Straw Poll Taken: Staff is to prepare an ordinance or refine the draft ordinance that calls for the DNA from all kits to be processed and it should be processed to a level that is CODIS ready. The Council find a way to state that it use the most efficient way possible or use best practices so there is not a requirement of 100% of the DNA be processed where three samples would do. All Council Members were in favor.
•Straw Poll Taken: Supporting the Council lobbyist work with the legislature to find additional funding to process DNA kits. All Council Members were in favor.
•Straw Poll Taken: That Council staff look at and develop a process to audit the system of justice related to rape and sexual assault including what the process may look like, what the parameters are, what an approximate cost would be and what options are available to fund it. All Council Members were in favor.
•Straw Poll Taken: The Council affirmed the following policies in Attachment III of the Council Staff Report regarding improvements to processing sexual assault evidence kits, with an amendment to Section 5(c) of the policy statements:
1. Due to the potentially valuable information in each Code R kit, DNA evidence from all kits – new and old – should be tested, with a completion deadline set for testing all old kits.
2. Sexual assault investigations should be based on pursuing timely justice for every victim rather than on processing rates elsewhere in the country.
3. Salt Lake City should not wait on additional State action to start testing DNA evidence from Code R kits.
4. Victim’s rights are a high priority:
a. The degree to which a victim continues to collaborate with police, or whether or not a victim was considered impaired at the time of the assault, should not be a determining factor in whether DNA evidence from Code R kits is processed and recorded in DNA databases.
b. Recent advances in understanding how sexual assault affects victims, such as disruptions to memory processes and post-traumatic stress disorder should be integrated into sexual assault investigative procedures.
5. Collaboration with other partners in the processing of cases is a high priority:
a. Changes in funding and processing at the State Crime Lab, including the U-Quick process, should be considered when Salt Lake City evaluates testing options.
b. Municipalities and partners should work together to advocate for increased funding and resources proportionate to the number of Code R Kits, and evaluate opportunities for collaboration at the State and local level, including potential for private partnerships.
c. Any new DNA lab, whether Salt Lake City-owned or a public-private partnership, should be developed with transparent systems and process improvements so that long term changes can be replicated in other communities.
d. Opportunities for collaboration between law enforcement, the District Attorney and the City Prosecutor regarding prosecution of sexual assault and sexual battery cases should be explored, with the goal of increased prosecutions against perpetrators.
6. An increase in testing DNA evidence from Code R kits and sexual assault investigations should coincide with an allocation of additional necessary resources to guarantee that other criminal investigations will not be delayed and that the backlog is addressed.
•Straw Poll Taken: The Council will support training that is very contemporary, up-to-date, best practices; includes all police officers; focuses on being sensitive to victims; ensures that training is endorsed by and supported by best practice, national standards and experts; that the training be evaluated using Council audit funding but that a proposal would come from the Police Department. All Council Members present were in favor.
There was some discussion regarding Salt Lake City funding a person at the State Crime Lab dedicated to processing the backlog of evidence kits from the Police Department.
e) 5:50:38 PM POLICE CIVILIAN REVIEW BOARD. The City’s Police Civilian Review Board, including the function of the board and the procedures the board follows. View Attachments
Jennifer Bruno and Rick Rasmussen briefed the Council on the role of the Police Civilian Review Board and the procedures followed. Discussion was held on correcting systemic culture problems within the police department. There was some discussion on how and why the Board was created.
#2. HOLD A DISCUSSION ABOUT A RESOLUTION FORWARDED BY THE SALT LAKE COUNTY COUNCIL OF GOVERNMENTS (COG) SUPPORTING A SINGLE COMPUTER-AIDED 911 DISPATCH PLATFORM AND CONSIDER ADOPTION OF THE PROPOSED RESOLUTION. View Attachments
This item was removed from the agenda.
#3. 6:46:39 PM HOLD A FOLLOW-UP DISCUSSION ON THE MAYOR’S RECOMMENDED BUDGET RELATING TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2014-2015. Capital improvements involve the construction, purchase or renovation of buildings, parks, streets, or other physical structures. Generally, projects have a useful life of five or more years and cost $50,000 or more. View Attachments
Sean Murphy, Mike Akerlow, Lt. Scott Teerlink, and Rick Graham briefed the Council on funding for Capital Improvement Programs; specifically, the Fire Station in Sugarhouse, the impact fees for the McClelland Trial, and limiting an extension of the 300 South protected bikeway. Lt. Teerlink said the Police Department would need funding for additional manpower to staff the police space in the Fire Station.
#4. 6:19:43 PM WILL BE BRIEFED ON A PROPOSAL TO DESIGNATE A LOCAL HISTORIC DISTRICT (LHD) IN THE YALECREST COMMUNITY PURSUANT TO PETITION NO. PLNHLC2013-00816. The boundaries for the proposed district include homes located on the north and south sides of Harvard Avenue (1125 South) between 1700 East and 1800 East. (Petitioner Kelly Marinan) View Attachments
Nick Tarbet, Cheri Coffey, Joel Paterson, and Michaela Oktay briefed the Council on the application to designate the Yalecrest Community as a Local Historic District. Councilmember Luke recommended this issue be scheduled for a public hearing on November 18, 2014 and be voted on at the November 25, 2014 meeting.
#5. 6:14:21 PM INTERVIEW GREGORY BAMBO PRIOR TO THE CONFIRMATION OF HIS APPOINTMENT TO THE POLICE CIVILIAN REVIEW BOARD.
Councilmember Luke stated that Mr. Bambo had previously been appointed to the Police Civilian Review Board, however, had not been interviewed.
#6. 6:15:29 PM INTERVIEW THE FOLLOWING PEOPLE PRIOR TO CONSIDERATION OF THEIR APPOINTMENT TO THE COMMUNITY DEVELOPMENT AND CAPITAL IMPROVEMENT PROGRAM ADVISORY BOARD.
a) DONALD L. BUTTERFIELD
b) MIKE WALTON
Councilmember Luke said Mr. Butterfield and Mr. Walton’s names would be forwarded to the Consent Agenda for formal approval.
#7. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. The Council may give feedback or staff direction on any item related to City Council business.
No discussion was held.
#8. REPORT OF THE CHAIR AND VICE CHAIR.
This item was not held.
#9. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-205, FOR ANY ALLOWED PURPOSE.
This item was not held.
The meeting adjourned at 7:06 p.m.
This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held October 21, 2014.
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