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CC - 11-02-71 - Adjourned MeetingCITY OF ROSEMEAD ROSEMEAD, CALIFORNIA CITY COUNCIL MINUTES OF NOVEMBER 2,1971 An adjourned regular meeting of the City Council of the City of Rosemead was held in the Council Chambers of City Hall, 8838 East Valley Boulevard and called to order by Mayor Maude at 8:00 o'clock p.m. 1. CALL TO ORDER The Pledge of Allegiance was led by Councilman Pike. The Invocation was delivered by Councilman Andersen. 2. ROLL CALL: Present: Councilmen: Andersen, Hunter,-Maude, Pike Absent: Councilmen: Taylor Ex officio: Andersen, Foutz, Street, Watson Mayor Maude stated that Councilman Taylor is ill and excused from this meeting. NEW BUSINESS 3. Mayor Maude stated the purpose of this meeting is to meet with the Concerned Citizens Committee for Police Brutality and discuss the proposals made by this Committee. Mayor Maude introduced Captain Robert Trask of the Temple City Sheriff's Department who then introduced Inspectors Dennis Cook and William Conroy, Captain John Peacock and Lieutenant Louis Acevedo. DISCUSSION OF DEMANDS: 1) THAT THE CITY USE ITS INFLUENCE TO HAVE THE CHARGES DROPPED AGAINST THE ROBLES FAMILY. Attorney Watson stated the charges were not filed at the request of the City and presently is under the jurisdiction of the District Attorney. If a crime was committed it would be improper for the City to ask that said charges be dropped. The City could not properly request dismissal not knowing the facts that led to the charges, and not knowing what the District Attorney has in support of these charges. The Council would be acting improperly if they attempted to interfere. Mr. Joe Sanchez, Chairman of the Concerned Citizens Committee, requested Captain Trask to relate the charges filed against the Robles family. Captain Trask replied that the charges involve several misdemeanors and felonies. He briefly outlined them as follows: Michael Robles - felony assault with intent to do great bodily harm Raymond Robles - assault with a deadly weapon upon a peace officer; battery upon a peace officer Frances Gomez - battery upon a peace officer, interfering and disturbing the peace Ricardo Tostado - assault upon a peace officer , interfering and disturbing the peace • Page Two C/C 11/2/71 40 Rudy Tostado - interfering with a peace officer and disturbing the peace Henry Jiminez and Robert Contreras - interfering with a peace officer Mr. Sanchez asked if any of the above charges had been dropped and Captain Trask replied in the negative, stating not to his knowledge. Mr. David Froba of the Bienvenidos Community Center and Co- Chairman of the Committee, stated they realizedthis is a legal matter to be decided by the court, but at the same time feel it is within the Council's jurisdiction to let the people who are involved know that the Council is concerned and aware of the problem. 2) THAT THE CITY REQUEST THE COUNTY TO PAY FOR ALL MEDICAL EXPENSES. Attorney Watson stated this request should not be made until it has been determined that the officer was entirely wrong and no public offenses were committed by the citizens. Mr. Sanchez questioned who is responsible for medical expenses when a citizen is arrested and injured in the process, and thereby confined to a county hospital by the Sheriff's Department. Inspector Cook stated to the best of his knowledge, anyone who is arrested and placed in the county hospital under custody is provided with medical service under the emergency aid plan and the County does not seek to recover the expenses incurred. Mayor Maude requested Attorney Watson to research this question further. 3) THAT THE CITY DEMAND FROM THE SHERIFF"S DEPARTMENT THAT OFFICER ROBERT COOK BE TERMINATED AND PROSECUTED WHEN THE ROBLES FAMILY IS FOUND NOT GUILTY OR CHARGES DROPPED. Attorney Watson stated this request is premature and the Council should wait for the disposition. If the evidence does `show that the officer is guilty of a public offense he will be prosecuted. Captain Trask stated in many cases when an officer makes an arrest the people are not found guilty in court. This is a matter for the court to decide and does not mean that the officer is necessarily wrong in placing the person under arrest when he feels it is within his line of duty and responsibility- Attorney Watson stated that a man cannot or should not,under the law,be convicted unless he is found guilty beyond a reasonable doubt. Whether it be guilt or innocence on the part of the Robles family and others, does not necessarily determine the guilt or innocence of the officer. Mr. Sanchez asked Attorney Watson if he would recommend to the Council that if and when the Robles family is found not guilty they recommend prosecution. Mr. Watson stated he would only recommend, if found not guilty, that the Council have a full report as to what the facts dis- closed. Mayor Maude asked Inspector Cook to comment on the request in question. • Page Three C/C 11/2/71 • Inspector Cook stated that whenever they have a case where charges are made it is investigated by the Administrative Services Bureau which is designed to handle cases involving their personnel. Ultimately the Sheriff makes the final decision as to the outcome of any investigation. Recommenda- tions are made by other supervisory personnel, and if at any time they feel disciplinary action is in order they try to take the necessary steps so as to not encourage further problems. Mr. Froba stated that recently there have been several notable cases where police officers have been involved in shooting citizens and yet nothing is being done about it. Their Committee wants to make sure that the City Council maintains a close watch on this particular case so that justice is carried out. Inspector Cook stated that anytime the department is aware of a certain act which they feel is illegal they proceed with an investigation immediately. Mr. Victor Mej&& addressed the Council and questioned if any other charges have been brought against Deputy Robert Cook previous to this incident. Captain Trask replied that Deputy Cook has only been with the Temple station since December, 1970, and to his knowledge there has been only one other instance. This case is still pending and being investigated by the Administrative Services Bureau. Mr. Sanchez asked what the procedure is when the Administrative Services Bureau finds that an officer has used more force in the line of duty than necessary. Inspector Cook stated when an allegation has been founded, the officer is not necessarily transferred and depends upon the circumstances involved. Each case is reviewed individually together with the officer's entire background of the department before a decision is made. Each supervisor makes his recommenda- tion and, as said before, the Sheriff makes the final decision as to the findings. 4) THAT THE CITY PAY ALL LEGAL EXPENSES INVOLVED. Mr. Watson explained that a city government operates under State law and a general law city such as Rosemead has to follow the general statues of the State in regard to what is or isn't a valid expenditure of public funds. There is also a provision in the State Constitution to the effect that cities may not spend money for anything other than a public purpose. He would have to advise the Council that it would be an unauthorized expenditure to which a City Councilman or City Treasurer would have a legal responsibility. The City cannot legally expend money for this purpose as it is not authorized by the law. Mr. Froba asked the Council if they could use their influence to obtain one of the best qualified public defenders to handle the Robles case since they cannot legally pay the fees requested. Mr. Watson stated that through his office this request could be made,providing the Robles family d'oesn'.talready have an attorney. 5) THAT THE CITY ATTEMPT TO FORM ITS OWN POLICE DEPARTMENT, OR IF NOT, AT LEAST USE THE SAME OFFICERS CONTINUALLY IN ORDER THEY MAY BE IDENTIFIED WITH THE COMMUNITY. Inspector Cook stated their department feels it is very important to retain the same officers in a given area and come to know the people in the community. They are presently attempting this in all the cities which they serve. Page Four C/C 11/2/71 • Assistant City Manager Street stated that many cities have studied the possibility of forming their own police department. The staff has prepared a preliminary report as to the cost involved and it is estimated that the first year of operation . would be approximately $640,000. This includes personnel, operating and maintenance expenses, and capital outlay, The above figure is based on the assumption that: a) the level of service would be comparable to that presently provided. b) the City would utilize one-man cars. c) the Sheriff would provide basic back-up service. d) the Sheriff would provide basic technical services to City at no cost. e) the police department would be located in the basement area of City Hall. Mr. Street stated the City presently budgets approximately $558,000 for the services of the Sheriff's Department. Mayor Maude stated that the Sheriff's Department has a mandatory duty in all cities and asked Inspector Conway to comment in this regard. Inspector Conway stated that County-wide services include vice, narcotics, special enforcement bureau, emergency service, central service, crime lab and jail facilities, etc. Councilman Pike suggested the Committee consider participating in the Sheriff's "ride-along" program whereby persons may accompany a deputy and observe any incidents which occur. i Mr. Gilbert Barron, 7464 Melrose Avenue, addressed the Council and suggested that Mr. Sanchez formally request a written copy of the investigation as it relates to Deputy Cook. Inspector Cook stated that the findings would be made known, but he was not sure as to whether the report could be given out.to individuals. 6) THAT THE CITY ASSIST IN FORMING A COMMUNITY COMMITTEE TO INVESTIGATE ALL CHARGES OF POLICE BRUTALITY WITHIN THE CITY. Attorney Watson stated that the City Council as the legisla- tive and administrative body of the City has a responsibility to make whatever investigations are necessary to see that the law is properly administered in the City. The City does con- tract with the Sheriff's Department to provide law enforcement services, and the Council has the responsibility to see that said services are properly enforced to protect the citizen. It is entirely proper to.have:7a committee to work with the Council and possibly better the communication. There are no legal problems in this area. Mr. Sanchez stated the intent of their question is for-assistance in the procedure so that the committee can better communicate with the supervisors of the Sheriff's Department. E Page Five C/C 11/2/71 Mr. Froba stated he felt that police brutality was a very important issue and if a committee were formed it would definitely better the relationship between the Sheriff's Department and the community. Captain Trask stated their staff makes every effort to respond to all complaints and various requests for investigation. They also welcome visits to the station to observe their operation. Mayor Maude stated if an individual desired to meet with the committee he felt they would have a tendency to contact a committee member rather than a City Councilman. He also feels that most individuals would prefer to discuss their problems with the committer rather than the Sheriff's Department. Mr. Froba stated he would like to consider this matter further and possibly present additional ideas at the next Council meeting. The following persons addressed the Council indicating their dissatisfaction with the outcome of this meeting: Mr. Victor Mejia, no address given Mrs. Ruth Albert, 8742 Scott Street Mr. Anthony Castaneda, no address given I There being no further business to come before the Council Mayor Maude adjourned the meeting at 10:38 o'clock p.m. ~l~~ CITY CLERK