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Chief of Police Pete Ferns 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 <br />policy and internal affairs. He related that they had also contracted with an attorney to provide ongoing <br />training to officers regarding search and seizure and other legal matters. <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. <br />Gissiner had approached the situation from the standpoint of determining what they needed to learn from <br />it. <br />Ms. Solomon found the presentation to be very helpful. It sounded to her like training was the issue in <br />this case. She said if officers were not being trained for all circumstances, it made her wonder how they <br />could be in violation of policy. Mr. Gissiner replied that this case would have been difficult to predict and <br />place in a textbook. He had not faced a case like this one previously. He said there were still certain <br />expectations for how threat assessments were conducted and these could be addressed by training. <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 />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 />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 <br />was happening in a home or that an intruder was in the home were examples of grounds for warrantless <br />entry. <br />Mayor Piercy wanted to stress that the students in this case were not at fault. She stated that they had <br />been innocent victims of misidentification and underscored how very sorry she and her colleagues were <br />that the incident had happened. She averred that they could not apologize enough. <br />The meeting adjourned at 7:15 p.m. <br />Respectfully submitted, <br />Jon Ruiz <br />City Manager <br />(Recorded by Ruth Atcherson) <br />MINUTES Eugene City Council February S, 2010 Page 9 <br />Work Session <br />