Minutes 02-09-2021 Virtual Work Session

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17 frequently. He said he would like a broader discussion on the task force's recommendations at a future work session. He said he would like the written consent to search to be used in all stops. Commissioner Dorosin referred to the quarterly report sent out by the Chapel Hill Police Chief, and said the data is broken down in different ways for demographics, charges, operators licenses, school resource officers, traffic stops, etc. He said this kind of data is important to share and make available to the public. Jennifer Galassi said policies with absolutes are difficult. She said if the Sheriff strongly encourages something, it is clear to deputies that they should do so except in extenuating circumstances. She said the body cameras also record consent, or lack thereof, for searches. She said there may be times when it is not safe or practicable for a deputy to use the consent to search form. Commissioner Greene said the Board should have a larger discussion on the task force recommendations. She asked what other safety issues may be present, if a deputy lacks probable cause. She asked if there are other counties using the form for every stop. Commissioner Hamilton asked if deputies are able to review the form with those who do not speak English. Major Kevin Jones said the department has access to translators. Commissioner Dorosin said Chapel Hill, Carrboro, and Durham all require the consent to search form for all stops. He said he does not doubt that deputies listen to the Sheriff's instructions, but "strongly encouraging" is different than a policy. He said having a policy shows the County's commitment to an issue, and that the County is committed to racial equity. He said policies also help build trust with the community. Chair Price asked if the task force report allows for searches without written consent, if there is probable cause. Chief Jamie Sykes clarified that Commissioner Dorosin is asking for written consent on all searches, or just on consent searches. Commissioner Dorosin said he meant just on consent searches. Chief Jamie Sykes said he has obtained written consent even when probable cause was present, because it creates a different feeling during the interaction. He said the goal is to defuse situations, not escalate them. He confirmed probable cause means the deputies do not need to obtain consent. Commissioner Dorosin said the written consent to search informs people of their rights to refuse. He said asking to search a vehicle is a naturally intimidating moment for people. Chief Jamie Sykes said the Orange County Sheriff's department collects the same data that is provided by Chapel Hill, and it is the Sheriff's discretion as to how it is provided to the public. He said the data is shared with many stakeholders, and discussed the different ways the data could be presented to the public. Sheriff Blackwood said traffic stop data is horribly inaccurate across the state. He said he serves as vice chair on the Governor's Crime Commission, which is discussing how to improve the process. He said some agencies do not collect the data, while others do, and it is important for all agencies to collect data. He said the recommendations from the task force need to be examined for feasibility, and if they require legislative changes. He said it is important to make sure the recommendations are in the best interest of the public. He said there are further reports to come, and he would like for all of them to be released before there is further discussion. He referred to the different points of the criminal justice system, and said the whole system needs to be examined. He reaffirmed the Department's commitment to do the right thing, and said he is duty bound to serve the public and protect public safety. He said he will discuss anything with anyone, anywhere, and that doing so will make these meetings more productive.