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<br />Mr. Zelenka asked what happened with policy issues that were raised by a case. Mr. Gissiner responded <br />that he was not certain that this particular case would cause direct changes to policies, but the chief had <br />th <br />issued a policy directive after the 9 Circuit Court ruling regarding Taser use. <br /> <br />Chief of Police Pete Kerns stated that the policy was in the queue along with other policies. He said they <br />would be addressing warrantless entry policies in a memorandum to the division manager in charge of policy <br />and internal affairs. He related that they had also contracted with an attorney to provide ongoing training to <br />officers regarding search and seizure and other legal matters. <br /> <br />Mr. Pryor appreciated the presentation. He felt it important to focus on the best possible outcomes. He <br />believed that Chief Kerns and Mr. Gissiner shared this goal. He recalled being asked if he knew the <br />difference between discipline, which meant learning, and punishment, which meant hurting someone. He <br />stressed that they were not seeking punishment or revenge. He said if they were seeking discipline, it was <br />because they wanted a disciplined, effective, organized police department. He appreciated that Mr. Gissiner <br />had approached the situation from the standpoint of determining what they needed to learn from it. <br /> <br />Ms. Solomon found the presentation to be very helpful. It sounded to her like training was the issue in this <br />case. She said if officers were not being trained for all circumstances, it made her wonder how they could <br />be in violation of policy. Mr. Gissiner replied that this case would have been difficult to predict and place in <br />a textbook. He had not faced a case like this one previously. He said there were still certain expectations <br />for how threat assessments were conducted and these could be addressed by training. <br /> <br />Ms. Taylor asked if the council could put a moratorium on the use of Tasers. City Attorney Glenn Klein <br />explained that it would require an ordinance. <br /> <br />Ms. Taylor supported such a moratorium. She cited the Tasing case that arose from the demonstration on <br />Kesey Square in May, 2008, and asked what policies were involved, and questioned whether having <br />different policies would have led to a different outcome. Mr. Gissiner replied that he was not prepared for <br />that question. He offered to review the case and discuss the policies at a future point. <br /> <br />In response to a question from Ms. Taylor, Mr. Gissiner stated that there was a policy on warrantless entry <br />into homes that covered a number of different circumstances. He said a reasonable belief an emergency was <br />happening in a home or that an intruder was in the home were examples of grounds for warrantless entry. <br /> <br />Mayor Piercy wanted to stress that the students in this case were not at fault. She stated that they had been <br />innocent victims of misidentification and underscored how very sorry she and her colleagues were that the <br />incident had happened. She averred that they could not apologize enough. <br /> <br />The meeting adjourned at 7:15 p.m. <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />Jon Ruiz <br />City Manager <br /> <br /> <br /> <br />MINUTES—Eugene City Council February 8, 2010 Page 9 <br /> Work Session <br /> <br />