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PSPP020822PUBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE MEETING February 8, 2022 Elected Officials Participating Virtually Councilmember Laura Johnson (Chair) Councilmember Susan Paine 1. CALL TO ORDER Staff Participating Virtually Angie Feser, Parks, Rec. & Cultural & Human Serv. Dir. Shannon Burley, Deputy Parks, Rec. & Cultural & Human Serv. Dir. Shane Hawley, Acting Assistant Police Chief Doug Merriman, Interim Comm. Serv. & Econ. Dev. Dir. Emily Wagener, HR Analyst Jeff Taraday, City Attorney Sharon Cates, City Attorney's Office Scott Passey, City Clerk The Edmonds City Council virtual online PSPP Committee meeting was called to order at 4:00 p.m. by Councilmember L. Johnson. Councilmember L. Johnson relayed her preference, due to the importance of Agenda Item 8, Update on State Public Safety Policy, and in the interest of time, that the update be moved to the first available council meeting instead of committee. Discussion followed with Lobbyist Debora Munguia regarding the optimum time for an update and Ms. Munguia's contact with staff regarding the City's position on bills. Due to the timeliness and because it could not be scheduled on the council's agenda for the next couple weeks, Council President Olson preferred to have an update provided to the committee. Councilmember L. Johnson reiterated her preference to have this provided to full council. 2. COMMITTEE BUSINESS 1. Ordinance amending ECC 1.02 Public Records Requests Mr. Passey explained the May 2021 reorganization of the city clerk's office and administrative services department resulted in the creation of the job title public records officer which is solely responsible for responding to public records requests. Prior to the change, he had that title in addition to city clerk. The code needs to be updated to reflect this organizational change. The ordinance replaces all references to city clerk with public records officer and puts the responsibility under the administrative services director or designee. Action: Consent Agenda 2. Position Description Revisions - Day Camp Ms. Feser relayed the City's day camps ceased in 2016 for an unknown reason. Two years ago in response to COVID, Parks created a distance learning program (LEAP) that operated October 2020 through June 2021. The job descriptions for LEAP staff have been revised and tailored toward day camp staff, specifically a recreation leader and day camp assistant. The program was proposed and approved in the 2022 budget so there is no financial commitment or decision. Discussion followed regarding job descriptions that were updated in 2020, qualifications in the previous description versus the proposed description, pay grade, and appreciation to staff for implementing the LEAP program. Action: Consent Agenda 02/08/22 PSPP Committee Minutes, Page 2 3. Adoption of Extreme Risk Protection Order Statute into Edmonds Municipal Code Acting Assistant Chief Hawley explained the proposal is to have an existing RCW (approved by the state legislature in 2016) that created the extreme risk protection order (ERPO) adopted by reference into the city code which would allow the police department to charge it in municipal court instead of district court. The violation was charged for the first time a couple months ago which is when it was discovered it was not adopted by reference and could only be charged in municipal court under a catchall order violation code which did not allow the additional penalties that the state legislature adopted. Questions and discussion followed regarding how this was discovered, how an ERPO is granted, a letter from the public stating the statue expires July 2022, whether there was a cost associated with ERPOs, number of ERPOs issued in Edmonds, and the effect of adopting RCWs by reference. Action: Full council 4. Covid Premium Payments & Vacation for Essential Workers Ms. Wagener explained this is intended to recognize employees who have been coming to work regularly, potentially being exposed to COVID due to working with the public or other employees. Funding is provided by American Rescue Plan Act (ARPA) funds which is an allowable use. The estimated cost is approximately $180,000 of the $750,000 the City set aside; only $90,474 has been requested and only $79,985 has been approved. Questions and discussion followed regarding whether this would assist employees who have depleted their sick leave and vacation due to exposure and/or quarantine, the ordinance providing a one-time addition of two vacation days, language in the ordinance that recognizes employees who have had to be on the frontlines despite the threat of exposure, and support for using ARPA funds. As the original intent was to present the ordinance to committee in January, Ms. Wagener recommended changing the dates in Section 4 from February 1, 2022 and April 20, 2022 to March 1, 2022 and May 31, 2022. Action: Consent Agenda 5. Administrative Assistant - General Job Description Ms. Wagener explained this is related to the 0.5 FTE position in the neighborhood satellite. As existing administrative assistant job descriptions are specific to departments, a more general description was created which has been reviewed by Mr. Merriman. It will be an ASMI position. Questions and discussion followed regarding hours the person will work, coordinating use of the office to ensure the administrative assistant is not alone in the office, job descriptions used to create this description, maintaining the union classification for this position, and why a valid driver's license is required and a suggestion to looking at that requirement through an equity lens. Action: Consent Agenda 6. 2021 Public Defender's Office Annual Report No presentation, report included in packet. Action: Presentation to Finance Committee. Forward to full council. 7. Public Defense Contract Renewal 02/08/22 PSPP Committee Minutes, Page 3 No presentation, report included in packet. Action: Information only, presentation to Finance Committee. 8. Update on State Public Safety Policy Lobbyist Debora Munguia referred to the update she sent out on Sunday regarding police reform bills. She will provide an update to council after the sessions ends on March 10". Councilmember Paine advised she did not receive the update. Ms. Munguia advised weekly update are sent to Mr. Merriman. Sharon Swanson, government relations advocate, AWC, provided an update on several bills: • HB 1719 — clarifies an unintended definition from last session related to the caliber of less lethal alternatives and will allow law enforcement to use all less lethal alternatives. o Out of Public Safety Committee unanimously with bipartisan support, out of the House and into the Senate. Includes an emergency clause allowing it to take immediate effect. • HB 1735 — clarifies and adds language so law enforcement have explicit authority to engage in community caretaking functions. (last year's legislation limited when officers can use physical force to criminal related activities, probable cause for an arrest or to save someone's life or protect themselves). Specifically calls out the involuntary treatment act related to behavior health calls and transporting people in crisis. o Out of the Public Safety Committee with bipartisan support, moved off the House floor and is in the Senate. Includes emergency clause to take immediate effect. • HB 2037 — compliments HB 1735, attempts to defines what physical force is and is not. Clarifies an investigational hold (Terry stop) to keep someone at a scene during investigation. o Out of Public Safety Committee, awaiting action (has until February 14th to pass out of House and into Senate). • HB 1788 — attempts to address concerns around restrictions placed on vehicular pursuits last session. Goes back to reasonable suspicion. Adds safety requirements before engaging in pursuit such as specific training in high speed pursuits. o Out of Public Safety Committee with bipartisan support. • SIB 5919 — dropped in Senate and would have gone further with regard to pursuits than HB 1788. Due to changes in the bill, it is no longer related to pursuits but attempts to define physical force very similarly to HB 2037. o Out of Policy Committee and sitting in Rules. SIB 5919 will be utilized if HB 2037 does not make it through process. Ms. Munguia reported the Collation for Police Accountability protested on the capitol steps regarding SIB 5919, HB 2037 and HB 1788 which feel reduce protections put in place last session. Discussion followed regarding the controversial nature of the bills and concern with the recommendation in the agenda memo (inform on ways council and the public can be supportive of the City legislative agenda as it relates to public safety), preference for this to go to full council, concern with unfunded mandates such as additional costs for law enforcement equipment. I Action: Full council 3. ADJOURN The meeting was adjourned at 4:59 p.m.