04.07.20 Regular Meeting - Laserfiche WebLink

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City Council Meeting Minutes April 7, 2020 MOTION TO AMEND: a motion was made by Deputy Mayor Pro Tem Rockeymoore, to amend Section 2, item 3 of Ordinance 2020-18 by removing "There is reason to believe" and adding " The arresting officer believes" and removing "it shall be considered" and adding "the arresting officer shall consider". Section 2, item 3 will now read as follows: "The arresting officer believes that the safety of persons (including the subject) would be imminently endangered by the release of the subject. In making this assessment, the arresting officer shall consider whether the subject has the physical or mental capacity to endanger the safety of themselves or the public, whether the subject is unlawfully carrying a weapon, and/or if the subject has made immediate threats against other individuals in the area. In cases in which the subject appears to suffer from mental illness and/or addiction, a referral to appropriate medical and/or psychiatric services in lieu of arrest shall be considered in accordance with SMPD policy." The motion carried by the following vote: For: 7 - Council Member Derrick, Mayor Hughson, Mayor Pro Tem Mihalkanin, Council Member Marquez, Deputy Mayor Pro Tem Rockeymoore, Council Member Baker and Council Member Gonzales Against: 0 MOTION TO AMEND: a motion was made by Mayor Hughson, seconded by Mayor Pro Tem Mihalkanin, to amend Section 2, paragraph 2 by removing the word "only". The section would read as follows: "The City Council further recognizes that the use of the cite and release process may not be appropriate in all instances, and that SMPD officers may find it necessary to arrest a person suspected of having committed any of the above -listed offenses if any of the following circumstances are present:" The motion failed by the following vote: For: 3 - Mayor Hughson, Mayor Pro Tem Mihalkanin and Council Member Gonzales Against: 4 - Council Member Derrick, Council Member Marquez, Deputy Mayor Pro Tem Rockeymoore and Council Member Baker MOTION TO AMEND: a motion was made by Mayor Hughson, seconded by Council Member Derrick, to add the following language in the last sentence of the second paragraph of Section 5, "using a citizen comment agenda item". The section will read as follows: City of San Marcos Page 17