June 21, 2005

SUBJECT: Response to Civil Grand Jury Report on Tasers - Training and Tracking

REPORT IN BRIEF

In February 2005, the Santa Clara County Civil Grand Jury (Grand Jury) conducted an inquiry on the use of tasers by law enforcement agencies within Santa Clara County.

The Grand Jury inquiry resulted in one finding and two recommendations.  As part of their Final Report, the Grand Jury found that taser training is not uniform or coordinated among County law enforcement agencies and recommended that County law enforcement agencies:

• Create a professional forum which meets on a regular basis to share and evaluate agency experiences with tasers; and
• Establish defined protocols and guidelines for using tasers, including tracking any use of tasers.  

California Penal Code § 933(c) requires that a governing body of the particular public agency or department which has been the subject of a Grand Jury Final Report shall respond within 90 days (by August 9, 2005) to the Presiding Judge of the Superior Court on the Findings and Recommendations pertaining to matters under the control of the governing body. 

This report addresses and responds to the Grand Jury Findings and Recommendations as required by law.

BACKGROUND

In February 2005, as part of its inquiry, the Grand Jury sent a survey to each law enforcement agency in Santa Clara County seeking information about their use of tasers, training for their use, and experiences in using them.  Twelve law enforcement agencies in the County were contacted.  Six of the 12 (see Appendix B of the Grand Jury Report) use a total of 806 tasers – San Jose Police Department uses 665 of them.  Other law enforcement agencies in the County are evaluating the devices for possible future purchase and use.

EXISTING POLICY

Law Enforcement Sub-Element Goal 4.1D

Conduct planning and administration that incorporates interaction with other city departments, as well as other agencies where mutual concerns exist which could have impact on the deliver of law enforcement services.

DISCUSSION

A taser is a device that is designed to temporarily immobilize a person with an electrical charge or shock through the use of a pair of projectiles.  The “taser” is often confused with the “stun gun”.  In the California Penal Code, Section 12650, a “stun gun” is defined as “any item, except a taser, used or intended to be used as either an offensive or defensive weapon capable of temporarily immobilizing a person by the infliction of an electrical charge.”  To use a stun gun, one needs to be within arm’s reach of the subject and make direct physical contact.  On the other hand, with a taser, the subject can be immobilized from a distance of 25 feet or more.

The taser can be useful in dealing with individuals who are physically threatening, assaultive, attempting to flee a detention or arrest, resistive or physically uncooperative.   At present, Sunnyvale DPS does not use the taser as a force option; however, staff believes that with further research and analysis, the taser could be viable for use by the department. 

In analyzing Grand Jury Report Findings, staff “Agrees” that “Guidelines for taser training, usage, and tracking are not coordinated among law enforcement agencies in Santa Clara County.”

Staff concludes that neither of the Grand Jury’s recommendations that follow are applicable, because the City of Sunnyvale does not uses tasers, and the Council has no jurisdiction over other law enforcement agencies.  Accordingly, no response is required.   Staff has contacted the Office of the Presiding Judge of Santa Clara County and ensured this approach to Council’s formal response is appropriate.

Grand Jury Recommendation 1A

1A Law enforcement agencies in Santa Clara County should create a professional forum which meets on a regular basis to share and evaluate agency training and experience with tasers.

Grand Jury Recommendation 1B

1B Law enforcement agencies in Santa Clara County should establish defined protocols and guidelines for using tasers, including tracking any use of tasers.

FISCAL IMPACT

None. 

Conclusion

Council should send a formal response to the Presiding Judge of Santa Clara County, as required by law.  The response should indicate agreement with the Finding in the Report, and should indicate the suggested Recommendations are “Not Applicable.”

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, and the availability of the report in the Library and the City Clerk's Office.

ALTERNATIVES

1. Respond to the Grand Jury Final Report on tasers, indicating Council agrees with the Finding, and that Council finds both recommendations contained in the Report to be “not applicable,” because the City of Sunnyvale does not use tasers, and has no jurisdiction over other law enforcement agencies.

2. Respond to the Grand Jury Report Findings and/or Recommendations differently than suggested by staff.

RECOMMENDATION

Staff recommends alternative #1; Respond to the Grand Jury Report, by letter, indicating “Agreement” with the Report Finding, and decline responses to the Recommendation by indicating neither are applicable. 

Reviewed by:

Don Johnson
Director, Department of Public Safety

Prepared by:

Don Johnson 

Approved by:

Amy Chan
City Manager

Attachments

A. Grand Jury Report (pdf format)
B. Letter of Response