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04.07.20 Regular Meeting
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04.07.20 Regular Meeting
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City Clerk - Document
Minutes
City Clerk - Type
Regular Meeting
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4/7/2020
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City Council Meeting Minutes April 7, 2020 <br />impose a Cite & Release Ordinance on our police officers that will effectively <br />take away their discretion to use other means of law enforcement if they feel <br />C&R is not appropriate. Furthermore, I feel that if we mandate a C&R policy, <br />we may be causing our citizens possible victimization or retaliation from <br />criminals and criminal activity. For example, if we permit C&R in lieu of <br />arrest for some thefts or illegal possession of stolen items or worthless checks <br />under a specific value, how can the harmed citizen be made whole? We may be <br />inadvertently creating situations for repeated criminal activity, perhaps <br />involving the same citizens, if the offender feels there is no real consequence. <br />Another result in a Cite & Release policy can be the high rate at which <br />offenders fail to appear for their scheduled court date, which was as high as <br />40% in one Texas county between 2009 and 2012, compared to a 15.3% failure <br />to appear rate for offenders during the same period who were booked and <br />released (Plohetski, 2013). It appears that some of our City Council members <br />appear to have personal agendas as to why they are anxious to vote for an <br />Ordinance without more study and research into cities who have tried to <br />implement C&R and are not happy with it or are choosing not to implement it. <br />There is a very vocal organization named Mano Amiga who is pushing Cite & <br />Release as an Ordinance, rather than even considering further study or <br />research. It seems obvious, from my observations and their comments at <br />community meetings I've attended, that they are primarily interested in <br />students who are caught with illegal possession of illegal amounts of <br />marijuana. My primary concern is that we should always show trust in our <br />police officers to uphold the law and give them the authority to take whatever <br />actions they deem necessary to protect and serve our law-abiding citizens. <br />When we take that discretion away and mandate through an Ordinance that <br />they must C&R low levels of criminal activity, we are effectively tying their <br />hands and taking away their effective enforcement of the law. This has been <br />shown in other cities who have experimented with Cite & Release and found it <br />to be a mistake. If you vote to make this a City Ordinance, you will be <br />ignoring the safety and protection of our citizens by potentially allowing <br />offenders to become repeat offenders against law abiding citizens with only <br />minor warnings. Example: Repeated theft of personal property to pay for <br />illegal drug use. Another example brought up at a recent City Council <br />meeting: Two offenders, one local citizen, another living in nearby jurisdiction <br />that results in the local offender being Cited and Released while the other <br />offender is handed over to nearby jurisdiction and arrested for the same <br />offense. Depending on the ethnicity of the arrested offender, perceived <br />discrimination can result. (Comments were limited to three minutes, time <br />expired) <br />City of San Marcos Page 2 <br />
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