By Michael G. Stogner
Making Half Moon Bay safe for it’s residents.
Great work Half Moon Bay City Council and Resident David Eblovi, Thank You for leading the entire County in Law Enforcement reform. If it turns out that the only resistance is from Sheriff Bolanos and San Mateo County Counsel David Silberman don’t worry both of those obstacles can be gone with the election of Mark Melville for Sheriff in 2022. That’s 18 months from now.
“It’s my understanding their ordinance will have no legal basis on our services, nor on the contract,” Bolanos said. “It’s basically unenforceable.”
Sheriff Carlos G. Bolanos finds those restrictions “problematic” and unenforceable.
Even if the ordinance is approved by the council, it likely wouldn’t have any bearing on the San Mateo County Sheriff’s Office, said Sheriff Carlos Bolanos. Because of the county’s contract with Half Moon Bay, the city can’t legislate changes until the contract is up for renegotiation, Bolanos said. The Sheriff’s Office’s contract with the city doesn’t expire until July 2022
How difficult could it possibly be, HMB has only 2 Deputies on duty per shift.
The proposed ordinance, which was co-written by councilmembers Harvey Rarback and Joaquin Jimenez with the help of resident David Eblovi, states that a law enforcement officer could not stop a car for failing to signal a turn, having expired license tags, or having a defective tail light. In terms of restraining suspects, the ordinance would ban the use of Tasers, chokeholds and prohibit officers from placing people in a prone position while handcuffed. It would require them to be moved on their side immediately if necessary.
The ordinance would also mandate that when dealing with someone who is a threat to themselves or others, officers must wait for backup from another officer or a mental health professional before initiating contact. In addition, officers would also be required to retreat and take cover before firing at an individual. Jimenez noted that public input on this ordinance should be encouraged and that dialogue with law enforcement would be key to making substantial changes happen.
“It’s in our best interest to listen to our community, to see what is going on and if there has to be any kind of changes to make our community safer,” Jimenez said.
While this ordinance would restrict the actions of law enforcement, Rarback believes it would instead give deputies
ORDINANCE NO. C-2021-_______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
CALIFORNIA AMENDING CHAPTER 2.33, SPECIFIC POLICING POLICIES
THE CITY COUNCIL OF HALF MOON BAY DOES ORDAIN AS FOLLOWS:
Section 1. Findings: The City Council finds and declares as follows:
(a) The municipal code of the City of Half Moon Bay requires periodic updates to reflect current information and changes in law, to provide clarification to the community, and to provide for improved customer service and administration of City business.
(b) Setting a clear understanding for the behavior of law enforcement and peace officers serving the Half Moon Bay community is critical to building and maintaining trust between the community and the City’s law enforcement providers.
(c) Protecting law enforcement officers and the community from undue risk of harm as a result of unnecessary interactions or escalations between armed officers and the public is critical to protecting the public safety of all of Half Moon Bay’s residents, and especially those who may be at statistically high risk of a negative outcome due to mental illness, substance abuse issues, race, housing status, or immigration status.
(d) There is no statutory requirement that the City of Half Moon Bay enforce California Vehicle Code. Therefore the City may, and should, selectively enforce CA Vehicle Code if it results in less pervasive fear or a better standard of living for its people.
(e) It is in the interests of the City of Half Moon Bay for peace officers to have operable and operating video and sound recording devices at all times that they are in public or are engaging in policing activities.
(f) A significant portion of the at-risk population of Half Moon Bay lives in reasonable fear of encounters with law enforcement providers. These fears are justified by the fact that the current law enforcement agency serving greater Half Moon Bay has had numerous recent fatal encounters with individuals who suffered from mental health issues. Therefore, it is in the interests of the public and the officers who serve here to minimize the number and types of such interactions, and when interactions do occur for the City to insure that the interests of all parties are protected to the extent possible.
Section 2. Municipal Code Update (Specific Policing Policies) including revisions to Chapter 2.33 of the Half Moon Bay Municipal Code is adopted as set forth in Exhibit “A” to this Ordinance shown for introduction as deletions in strike through and additions in underline.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4. Publication. The City Clerk of the City of Half Moon Bay is hereby directed to publish this Ordinance, or the title hereof as a summary, pursuant to Government Code Section 36933, once within fifteen (15) days after its passage in the Half Moon Bay Review, a newspaper of general circulation published in the City of Half Moon Bay.
Section 5. Effective date. This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage.
INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California,
Held on the 18th day of May, 2021, by the following vote:
Ayes, Councilmembers: __________________________________
Noes, Councilmembers: __________________________________
Absent, Councilmembers: __________________________________
Abstain, Councilmembers: __________________________________
___________________________ _______________________ Jessica Blair, City Clerk Robert Brownstone, Mayor
City of Half Moon Bay May 18, 2021 Meeting