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City Council Meeting Minutes April 21, 2020 <br />and to give localities more flexibility to meet public safety and public health <br />needs. Jurisdictions promoting cite and release are able to devote finite law <br />enforcement and criminal justice resources to more serious crimes while saving <br />jail costs associated with low-level arrests. Also, reducing Class A and B arrests <br />for the enumerated offenses would allow San Marcos residents to continue <br />working, taking care of children, and paying bills without the interruption of <br />arrest and incarceration, all of which benefits the community. At the same <br />time, with clear instructions for court appearances, the City can ensure that <br />people timely fulfill the obligations associated with Class A and B citations. <br />III. Cite and Release Preserves Law Enforcement Discretion <br />The proposed cite -and -release ordinance preserves officer discretion by <br />enumerating exceptions for which officers may arrest individuals for the <br />subject offenses. In addition, the ordinance does not create additional threat of <br />civil liability for SMPD officers. People who believe they were arrested in <br />violation of law may file civil suits in federal court for monetary damages <br />pursuant to federal law, 42 U.S.C. §1983. The doctrine of qualified immunity <br />shields officers from damages liability in those cases, if their actions were <br />reasonable under the circumstances and did not violate the Constitution. <br />If a person arrested for a Class A or B offense were to sue an SMPD officer <br />under 42 U.S.C. §1983... <br />(Comments were limited to three minutes, time expired) <br />Karl Brown: <br />Dear Members of our City Council. I know that some of you have good <br />reasons for preferring a resolution rather than an ordinance. My experience <br />with resolutions is that they are often ignored or cherry -picked to suit the <br />picker. I can appreciate the difficult position in which you are often placed, <br />trying to negotiate your way through competing interests. I can also <br />understand the perspective of our police officers. But in my opinion this <br />ordinance could, if properly executed, reduces their stress by their knowing not <br />only the wishes of the City, but more clarity about its rules of enforcement. <br />Furthermore, regulation of enforcement agencies by such an ordinance is not a <br />radical idea, we do it on state, national and even global levels all the time. <br />Finally, I have become increasingly aware that many residents in our <br />community fear the police, thus making it difficult or impossible to obtain <br />their cooperation in solving more serious crimes in our community. So, my <br />effort in supporting this ordinance is outlined in my letter to the editor. I <br />would only add that the reduction in the rate of arrests and incarceration <br />makes even more sense during this pandemic when there are great concerns <br />about the spread of the virus in our prisons. Thank you for your service and <br />for this consideration. Letter to the Editor, San Marcos Daily Record, Cite & <br />City of San Marcos Page 9 <br />