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REPORT: Redwood City Police Chief Bolanos, February 2, 1998 Mayor Howard called upon City Attorney Schricker to provide the legal perspective of this issue. City Attorney Schricker said, "The matter that becomes before you tonight is a report ITom the police Chief which was requested by Council Member Claire in response to citizen and press reaction to what is referred to as a performance standards or a policy of the Police Department." Council Member Claire had asked several questions including whether or not the policy was legal. City Attorney Schricker said, "Consequently, the matter comes to you as a report that is on your agenda for purposes of your review, acceptance and consideration of the report. The actual policy itself is not directly within your legislative purview, because it is a departmental policy. You legislate on a citywide basis through the enactment of ordinances and resolutions and so forth. What you are really reviewing is a departmental policy which has caught significant attention in the community and to which you are entirely entitled to review, because as elected representatives it is not only your privilege but your obligation to be responsive to concerns expressed by members of the community. "The issue oflegality has been reviewed in my office and I'll address that initially, because if indeed our opinion were that the policy was illegal we would have advised the City Manager and the Police Chief and you. And if that were the case, hopefully, you would accept that and determine that there would be nothing further to discuss... However, I have reviewed the policy in the context of its legality, and concluded in the report you have from me, that it is legal. The issue of course has to do with the use of statistical data and how it's used and employed, and whether or not it falls within a prohibited usage which is referred to as the use of quotas, or the establishment of quotas. "The Vehicle Code does prohibit the use of quotas in the enforcement of the Vehicle Code, and that's defined in the Vehicle Code primarily as the use of statistical data setting a required standard or a required goal of statistical data relating to citations, arrests, and again in the area of enforcing the Vehicle Code. Section 41602 of the Code provides that 'no state or local agency employing peace officers engaged in the enforcement of this Code or any local ordinance adopted pursuantto this Code may establish any policy requiring any peace officer to meet an arrest quota." As I indicated, an arrest quota is defined as any requirement regarding the number of arrests made or the number of citations issued by a peace officer, a proportion (thereof)... relative to the arrests made and citations issued by another peace officer or group of officers. "In reviewing the policy I have to point out that although statistics are used.... in the context of performance standards, they are not limited to Vehicle Code but relate to citations and arrests and field investigations for violation of any law which of course includes the Penal Code, Health and Safety Code, the City Codes, as well as the Vehicle Code. As you well know, our officers are required to enforce a whole scope and area of REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 FEBRUARY 2, 1998 MINUTES Page No. 218 PAGE 3