Professional Documents
Culture Documents
ARTICLE I. Preamble. The City of Brooklyn Center (“City”) experienced civil unrest in the
aftermath of the killing of Daunte Wright by police officer Kim Potter, who has since resigned
from the City’s police department (“Former Officer”). While the vast majority of those who
participated in the protests were peaceful, some took advantage of the situation to engage in a
range of criminal activities, including damage to property and looting. The City Council
reasonably anticipates the trial of the Former Officer will be occasioned by gatherings of citizens
wishing to exercise their First Amendments rights regarding the trial and the outcome. The City
is committed to protecting those expressions of free speech, while also protecting the safety of
residents and their property within the City. The City determines, based on information provided
by law enforcement and what has occurred in other communities during similar situations, there
is a high probability there will be gatherings near the City’s police station, and perhaps other
areas of the City, on the day the verdict is read. Such gatherings are anticipated regardless of the
outcome of the trial. The City Council determines it is necessary to establish a curfew associated
with the reading of the verdict in order to protect public health, safety, and welfare within the
City.
ARTICLE II. Legislative Findings. The Brooklyn Center City Council hereby finds and
determines as follows:
(a) The City Council is authorized by Section 3.06 of the City Charter to adopt emergency
regulations to protect health, safety, and welfare within the City.
(b) The trial for the Former Officer is scheduled to start on November 30, 2021. The City does
not know how long the trial will last or when the verdict will be read.
(c) It is reasonable for the City Council to anticipate that people will gather on the day the
verdict is read, and potentially in the days that follow, to express their First Amendment
rights regarding the trial and the verdict.
(d) The City has already experienced how some people attempt to take advantage of such
gatherings to foment social unrest that results in damage to property, threats to public safety,
and other unlawful activities. One of the purposes of establishing a curfew is to avoid, or at
least minimize, the types of harm caused to those living in the apartments across the street
from the police department during the unrest that followed the killing of Daunte Wright.
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BR291-4-763891.v2
(e) The City Council reasonably expects gatherings will occur on the day the verdict is read and
determines it needs to act now to address the situation rather than waiting to call an
emergency meeting on the day the verdict is read in an attempt to react to the situation that
has already developed.
(f) Deciding in advance to impose a curfew allows the City to prepare and, more importantly,
allows those intending to gather to exercise their First Amendment rights to plan their
activities accordingly. The City desires to avoid the public confusion that occurs when a
curfew decision is not made until people have already gathered or shortly before the curfew
is to go into effect. Such delay also undermines efforts to enforce the curfew and increases
the potential for unwanted interactions between law enforcement and protesters.
(g) While the City Council can anticipate gatherings on the night the verdict is read, it is more
difficult to determine if, and for how long, those gatherings will continue. To avoid having
to call and act in multiple emergency meetings to address such a potential, and in order to
allow timely public notice, the City Council determines it is appropriate to authorize the City
Manager to determine, based on the criteria set out in this Ordinance, whether to continue the
curfew for additional nights.
Section 1. Imposed. A City-wide curfew for all persons within the City of Brooklyn Center
shall be imposed on the day the verdict is read in the trial of the Former Officer. The curfew
shall be in effect as of 9:30 p.m. and it shall extend until 6:00 a.m. the following day.
Section 2. Exceptions. The curfew imposed by this Ordinance does not apply to individuals
traveling directly to and from work or religious services, recognized members of community
groups authorized by the City to be present at the site of civil unrest to defuse protesters,
emergency services, law enforcement, people seeking medical care or fleeing danger, persons
experiencing homelessness, or the news media.
(a) Authority to Extend. The City Manager is authorized to extend the curfew imposed by
this Ordinance for up to four additional days if the City Manager determines, based on
the criteria established herein, that the continuation of the curfew is necessary to protect
public health, safety, or welfare. The curfew, if extended, shall be for the same period
and have the same exceptions as the first day of the curfew. The City Manager shall
separately evaluate the criteria each day the curfew may be imposed and, if the curfew is
extended, the decision must be made and announced in time to provide the public notice
required by this Ordinance. The City Manager shall immediately notify the City
Council whether the curfew will be extended. If the City Manager determines not to
extend the curfew, this Ordinance terminates on that day and cannot be relied upon to
impose any additional curfews.
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BR291-4-763891.v2
(a) Criteria to Extend. The City Manager shall consider the following criteria to determine
whether to extend the curfew imposed by this Ordinance:
(1) The gatherings associated with the verdict that occurred the previous night
involved or resulted in:
(i) Multiple incidences of criminal activity including, but not limited to, assault,
theft, or property damage; and
(ii) The City was required to rely on outside law enforcement agencies to respond
to the activities arising out of the gatherings;
(2) Based on all information reasonably available to the City, the City Manager
determines it is probably the activities associated with the reading of the verdict
that occurred the previous night will continue that night; and
(3) The extension of the curfew is needed to protect public health, safety, and welfare.
Section 4. Notice. The City shall provide public notice of the period of the curfew no later than
1:00 p.m. on the day the curfew will be in effect. The methods of providing notice shall include
posting on the City’s website, sending messages on the City’s messaging platforms, and
notifying the news outlets in the area. If the City does not become aware that the verdict will be
read until after 1:00 p.m. on that day, the City shall provide notice as soon as it reasonably can
upon learning the verdict will be read.
Section 6. Effect. This Ordinance shall be in effect on the day the verdict in the trial of the
Former Officer is read and shall end either upon the decision by the City Manager not to extend
the curfew, or four days after the reading of the verdict, whichever occurs first. The four-day
extension period shall begin on the day following the reading of the verdict.
Adopted this 22nd day of November, 2021 by a unanimous vote of the council members present.
____________________________
Mike Elliott, Mayor
ATTEST: _________________________
City Clerk
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BR291-4-763891.v2
Member introduced the following resolution and moved its
adoption:
WHEREAS, the City Council acted at its May 15, 2021 meeting to adopt Resolution No.
2021-73 establishing the Daunte Wright and Kobe Dimock-Heisler Community Safety and
Violence Prevention Act (“Safety Act”); and
WHEREAS, the Safety Act directs the implementation of the Safety Act, including the
creation of an Implementation Committee, Community Response Department, Traffic
Enforcement Department, the Department of Community Safety and Violence Prevention, and the
hiring of a Director to head the Department of Community Safety and Violence Prevention; and
WHEREAS, the City has been working to implement the Safety Act, including partnering
with FUSE to secure, at little to no cost to the City, two full-time fellows that started on November
1, 2021 and are working with the City to assist with its data collection and community outreach
efforts related to implementing the Safety Act; and
WHEREAS, the City has secured other grants to support its efforts and the implementation
of the Safety Act; and
WHEREAS, the City has received well-researched information regarding the costs of
implementing the Safety Act and providing public safety services, including information from the
ACLU attached hereto as Exhibit A and information on the City’s police budget considerations
attached hereto as Exhibit B; and
WHEREAS, the City continues to seek financial assistance to implement the Safety Act,
but it is necessary to allocate funds as part of the 2022 budget in order to continue the work to
implement the Safety Act; and
(a) Kerner Commission recognized more than 50 years ago that the deep social and economic
disparities that result from discrimination and racism must be addressed through massive
investments to actually achieve public safety;
(b) The City Council recognizes that its efforts at alternative response is important yet is still
reactionary and recognizes that preventative action and investment in social support is
proactive and necessary to attain true public safety and reduce the burden on or need for
emergency response systems, including Food Deserts, Transportation within the City and
BR291-413-763686.v7
access to current resources; political participation by marginalized communities; ways to
enhance current services and remove barriers to access; and
(c) Research has demonstrated programs that uplift, provide opportunities for health and
meaningful skills building and education effectively decreases crime; and
WHEREAS, allocating more funds than originally indicated in the proposed budget is
necessary to carry out the City Council’s commitment to putting in place the measures set out in
the Safety Act and for advancing its efforts to make the City a safer place to live and work for
everyone; and
WHEREAS, the City currently has more than $1,300,000 budgeted for positions that are
currently vacant; and
WHEREAS, the Implementation Committee is charged with the duty to develop and make
recommendations to the City Council on the implementation of the Safety Act. In carrying out its
work, it is important for the Implementation Committee to identify ways in which to build on
existing resources within the community, collaborate with a wide range of partners, identify ways
to ensure the continuity and sustainability of the programs it recommends, and to serve the needs
of the whole individual; and
WHEREAS, the City Council desire to provide further direction to the Implementation
Committee to help ensure the Safety Act is implemented in a manner that is consistent with the
City Council’s expectations.
1. The City of Brooklyn Center’s proposed 2022 budget shall be revised to budget $1,220,000
from the general fund to the implementation of the Safety Act. The allocation of the budgeted
amount shall include the following:
BR291-413-763686.v7
Sub Total $1,870,000
From Grants -$500,000
From CM Proposed Budget Line -$150,000
Item
From Budget Unfilled Positions $1,220,000
2. The funds to be budgeted for Safety Act implementation under this Resolution shall, to the
greatest extent possible, be transferred from funds allocated to current City staff vacancies,
while ensuring the City maintains at least the current level of public services.
3. The City Manager is authorized and directed to revise the proposed 2022 budget to reflect the
budget allocations contained within this Resolution and to take all other steps necessary to be
able to present the revised budget at the public hearing scheduled for December 6, 2021, which
may be continued to December 13, 2021 if needed.
4. The Implementation Committee, in performing its work as directed in the Safety Act, shall
consider the range of issues that affect public safety including, but not limited to, the conditions
that drive, contribute, and lead to public safety issues; a framework for social and economic
justice policies and plans; youth and community programming in health, technology, financial,
and education; tutoring and mentoring options focused on a whole-person approach to provide
hope and critical crime prevention and healthy community supports; and a design for the City’s
public safety departments that identifies and integrates systems to address the whole needs of
the City’s residents in a comprehensive way.
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
BR291-413-763686.v7
EXHIBIT A
ACLU Budget Testimony Dated November 12, 2021
[attached hereto]
BR291-413-763686.v7
Budget Testimony
To: Brooklyn Center City Council and other City Officials
From: ACLU of Minnesota and National ACLU
Date: 11/12/21
Subject: Budget Proposal, Daunte Wright and Kobe Dimock-Heisler Community Safety Act
Summary
At the request of Mayor Mike Elliot, the ACLU is submitting this testimony providing
suggestions regarding the City of Brooklyn Center’s funding for the Daunte Wright and Kobe
Dimock-Heisler Community Safety Resolution. We urge the Council to consider ways to
adequately fund this visionary Act to ensure it is as impactful as Council Members intended .
We suggest that Brooklyn Center commit at least $1.5m in the FY22-23 budget toward
implementing the most important policy goals as a foundation to the Resolution. $1.5m is 7% of
the City's overall budget1 and 15% of the City's overall policing budget.2 That amount is a
significant first-year commitment that will both result in (1) immediate impacts for Brooklyn
Center residents this year; and (2) allow BC to lay a strong foundation for the safe and successful
implementation of the Resolution for years to come.
One of the most famous quotes to come out of the uprisings and protests of the past year is that
“Budgets are Moral Documents.” What a city values, prioritizes, and the direction it is headed
can all be seen in the allocation of money and resources within its budgets.We strongly
encourage all Brooklyn Center city officials to take the legal commitments they already passed in
the Resolution seriously and to work to provide meaningful funding to build this far-sighted new
model of public safety. The City Council — and the residents they represent —
overwhelmingly supported the Resolution,3 and we’re confident you’ll now be equally
committed to funding it.
https://www.hometownsource.com/sun_post/news/government/brooklyn-center-approves-1-3-million-preli
minary-budget-levy-increase-for-2022/article_87a30b74-2b6e-11ec-a20e-b71d4f4078fc.html
2
https://ccxmedia.org/news/brooklyn-center-approves-preliminary-budget-in-4-0-vote-mayor-elliott-abstains
/
3
https://drive.google.com/file/d/1sYEkGfWIfeW0Q_bpjm0e8CTmDxJCIEEW/view
1
Funding Priorities:
Estimated
Policy Objectives Cost
Policy
$823k
Objective 1:
Fully fund Community Response Department
Policy
Funding for hiring a Director of Community Safety and Violence $150k
Objective 2:
Prevention
Policy
$150k
Objective 3:
Funding for the Implementation Committee
Policy
$350k
Objective 4:
Funding for Community Programming and Supportive Programs
Policy
$20,000
Objective 5:
Fund Traffic Enforcement Department Pilot Study
The ACLU recommends that Brooklyn Center focus on the following five priorities for year one
funding:
2
Eugene, Ore. LEAP estimated 4 it would cost approximately $823,333 to
fully fund the program (which would include 24/7 in-person responder
teams with five teams of two), which is only 8% of the $9.6 million5
budget the city has allocated to the police department.
2) Hire a Director of the Community Safety Department
a) In order to effectively and successfully implement the resolution, the City must
budget for and hire a Director for the new Community Safety and Violence
Prevention Department, which will contain the two existing public safety
departments (fire and police) and the two new departments (traffic enforcement
and community response). Hiring the Director is paramount as the city begins to
develop, fund, and implement its new model of public safety.
3) Fund the Implementation Committee
a) The implementation committee is responsible for drafting any and all
amendments, ordinances, resolutions, policies, guidelines or other
recommendations for review, adoption, and/or implementation by City Council or
City Staff. It’s necessary to provide stipends to the residents and experts who will
sit on the committee and provide any additional resources the committee may
need (e.g. for research, data analysis, community outreach, etc.) in order for the
implementation to move forward in a timely and effective manner.
4) Provide Community Programs, Resources
a) Community-based, life-affirming, and supportive services such as housing, health
care, jobs programs, education, after-school programs, environmental design, and
violence interruption programs have all been proven to disrupt and reduce
violence. It’s imperative the City provide the Brooklyn Center community these
resources via community programming that residents need not only to survive but
thrive.
i) In particular, this funding should go to aiding the residents of Humboldt
Court and Stirling Square - for example, for youth programming, job
training, senior care services, and improving infrastructure and community
environments.
(1) This is to help address the issues of those (in Humboldt and
Stirling apartments) most affected by the Protests earlier this
spring.
5) Conduct a Civilian Traffic Enforcement Pilot Study
a) The resolution is ambitious and groundbreaking, and it’s already provided an
exciting opportunity for Brooklyn Center to serve as a model for the state and
4
https://docs.google.com/spreadsheets/d/10TXiTKlnk48xtcIxhe2BXcbvyBDMKthHaGg9A0vOn5Q/edit
5
https://www.hometownsource.com/sun_post/news/government/brooklyn-center-approves-1-3-million-preli
minary-budget-levy-increase-for-2022/article_87a30b74-2b6e-11ec-a20e-b71d4f4078fc.html&sa=D&sour
ce=docs&ust=1636581687365000&usg=AOvVaw1lW8K-MDnORyidUVewc2Jt
3
nation. This multi-year effort will require studies and research. While cities
across the country are working on deploying civilian traffic enforcement teams,
most are still in the pilot phase, so there’s limited data. In order to develop and
build this department in Brooklyn Center, the City should first fund a pilot study
that will allow it to appropriately and accurately allocate money to fully fund this
new department.
Since the Resolution explicitly requires the city to fully implement6 all of the components of
the resolution, it is incumbent that city officials work together this budget cycle to analyze the
current city and Police Department budget and determine where the best sources of funding
should come from. Since the majority of police funding comes from personnel costs, specifically
salaries and benefits, the best way to find additional funding is by simply not hiring for the
numerous open positions that exist and have been budgeted for.
The figure below illustrates the difference in the breakdown of the current 2022 budget and our
suggested model, which includes diverting approximately $1.5 million toward the varying
programs, services, and departments outlined in the resolution.( Graphic Below)
http://www.mediaaccess.info/brooklyncenter/wp-content/uploads/2021/05/Community-Safety-and-Violenc
e-Prevention-Resolution.pdf
4
Budget Considerations
7
https://www.latimes.com/world-nation/story/2020-06-12/portland-eugene-defund-police-alternative
8
https://www.thedailybeast.com/fentanyl-guns-and-murder-mean-you-should-get-ready-for-a-bloody-summ
er
9
https://www.washingtonpost.com/politics/2020/06/07/over-past-60-years-more-spending-police-hasnt-nec
essarily-meant-less-crime/
10
https://bmjopen.bmj.com/content/7/10/e016379
5
Conclusion
The Brooklyn Center City Council passed the Daunte and Kobe resolution and now has the
responsibility and the opportunity to ensure this resolution is fully realized. To make this
resolution as successful as possible, the ACLU of MN and ACLU National recommend:
● Brooklyn Center officials commit at least $1.5m in the FY22-23 budget toward funding
the Community Safety Act
● Ensure the five policy goals outlined above are deemed funding priorities that include,
but are not limited to, repurposing money from currently vacant Full-Time Employees in
the Police Department
● Council Members, staff or community members in need of a more comprehensive budget
analysis should instruct the City Manager or any other proper authority in charge of
budgetary functions to provide more information and analysis on all possible options.
The ACLU looks forward to continuing its work with the Council and community on
implementation of the resolution. We would be happy to submit additional testimony at the
request of Council and/or as additional budgetary and fiscal estimate data become available.
The Resolution and the public support behind it (as shown in this poll11) indicates a clear
mandate for the Council to act and follow through on their past commitments to the people of
Brooklyn Center to make all residents safe.
Thank you,
ACLU of Minnesota
National ACLU
11
https://drive.google.com/file/d/1sYEkGfWIfeW0Q_bpjm0e8CTmDxJCIEEW/view
6
EXHIBIT B
Brooklyn Center Policing Budget Considerations
[attached hereto]
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October 8, 2018
Review
City Council November 22, 2021
Dr. Reggie Edwards, City Manager
Presentation Purpose
• Introduction
• Need
• Strategies To Meet Need
• Police Cost
• Police Service Impact
• 2022 Fiscal Direction
• Questions
1
11/22/2021
Introduction
Expertise
• Lived Experience
• Educated and Trained Experience
• Professional Management Experience
2
11/22/2021
City Efforts Underway (Patterns of Behavior, Structure and Mindset Change)
• Public Health (i.e. Health on the Go, Mental Health, and Embedded Social Worker)
• Prevention ‐ Youth Health Violence Prevention
• Fire Department – Medical 911 Calls
• Community Transformational Change Innovation Process (Evolving Brooklyn
Center – 2022 Year)
October 8, 2018
Review
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City Budget
Met Council 2019
City Est. Population PD Expenses General Fund Exp. Ratio Source
Shoreview 26,695 2,479,250.00 11,965,378.00 20.72%2020 final
Golden Valley 22,715 6,732,035.00 23,532,695.00 28.61%2021 adopted
Crystal 23,262 6,742,843.00 17,303,181.00 38.97%2021 adopted
Richfield 36,993 10,926,920.00 27,868,330.00 39.21%2022 proposed
Fridley 29,374 7,414,180.00 18,564,290.00 39.94%2021 adopted
Brooklyn Center 32,722 9,986,134.00 24,822,696.00 40.23%2022 proposed
White Bear Lake 25,362 5,002,617.00 12,115,591.00 41.29%2021 budget
New Hope 22,376 7,113,886.00 15,936,977.00 44.64%2021 adopted
Maplewood 41,738 10,413,750.00 22,673,770.00 45.93%2021 adopted
Roseville 36,644 8,811,445.00 18,022,285.00 48.89%2021 adopted
Roseville
Maplewood
New Hope
White Bear Lake
Brooklyn Center 40.23%
Brooklyn Center of General Fund or Rank
Fridley
6th Among Ten
Comparable Cities (2021
Richfield
Budgets)
Crystal
Golden Valley
Shoreview
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October 8, 2018
Review
Rate of Violent Crime per 100,000 people
St Louis Park PD
New Hope PD
Fridley PD
Crystal PD
2018
2019
Columbia Heights PD 2020
Champlin PD
Brooklyn Park PD
Brooklyn Center PD
* Violent Crime includes: Murder, Rape, Robbery and Aggravated Assault
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Rate of Property Crime per 100,000 people
St Louis Park PD
New Hope PD
Fridley PD
Crystal PD
2018
2019
Columbia Heights PD 2020
Champlin PD
Brooklyn Park PD
Brooklyn Center PD
0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000
* Property Crime includes: Burglary, Larceny, Auto Theft, Arson and Human Trafficking
Rate of Part 2 Crime per 100,000 people
St Louis Park PD
New Hope PD
Fridley PD
Crystal PD
2018
2019
Columbia Heights PD 2020
Champlin PD
Brooklyn Park PD
Brooklyn Center PD
* Part 2 Crime includes: Other Assaults, Forgery, Embezzlement, Stolen Property, Vandalism,
Weapons, Prostitution, Other sex offenses, Narcotics, Gambling, Family offenses, DUI, Liquor
Laws, Disorderly Conduct and Other offenses (excluding traffic)
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BC Community
Survey
2012
What do you think is the
most serious issue facing
Brooklyn Center today?
13
14
7
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15
16
8
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Police Department Budgeted Unfilled Positions
14 Positions
$1,303,284
17
18
9
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19
20
10
11/22/2021
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October 8, 2018
Review
11
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23
• Key Transportation Investments
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12
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Residents
Advisory
City Council Committee
26
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Office of Community Prevention, Health and Safety
Mission – To provide leadership, programming,
coordination and evaluation of prevention, health
and safety across the enterprise and in the
community. Coordination of efforts within the
enterprise shall focus principally on all public safety
related departments.
27
Functions
• Prevention, Health and Community Safety Program
management and coordination
• Civilian Traffic Enforcement Division – Unarmed civilian
personnel response to non‐moving (motor not running)
traffic violations.
• Community Response Division ‐ Community mental health
911 and community health response .
28
14
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Department Budget Highlights
• Initial start with coordination across the enterprise
• Pilot civilian traffic response grant funded for two years
• Pilot mental health 911 calls and community response
grant funded for two years
• Initiate data analysis and communication
29
Persons Below
Population (2020 Per Capita Income Median Housing Value
Poverty Level (2015‐
Census) (2019 dollars) (2019 Dollars)
Cities 2019 ACS)
Champlin 23,919 5.00% $ 40,600.00 $ 237,800.00
Crystal 23,330 7.60% $ 33,800.00 $ 197,300.00
Fridley 29,590 9.60% $ 31,600.00 $ 198,200.00
Golden Valley 22,552 6.10% $ 57,600.00 $ 304,700.00
Maplewood 42,088 8.60% $ 33,800.00 $ 217,300.00
New Hope 21,986 10.00% $ 32,800.00 $ 225,100.00
Roseville 36,254 8.90% $ 38,700.00 $ 254,200.00
Shoreview 26,921 4.00% $ 48,800.00 $ 275,800.00
White Bear 24,883 5.70% $ 71,700.00 $ 226,000.00
Brooklyn Center 33,782 15.10% $ 24,900.00 $ 172,800.00
30
Brooklyn Park 86,478 8.40% $ 31,900.00 $ 224,300.00
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Department Budget by Program
Function 2022 2023
Office Manager and operations $154,850 $154,850
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2022 Proposed Budget Highlights
• Create Office
• Pilot Efforts
• Combine Mental Health Models
• Maintain Public Safety
• Transformational Change
• Fiscally Responsible and within the Means of the City
33
2022 Proposed Budget Highlights
The preliminary budget is based on hearing the Council articulate a need
for policing service need, public health and well‐being and crime
prevention priorities.
The preliminary budget is based on strategies to address these multi‐
variate and dynamic priorities without diminishing the quality of service
delivery.
The preliminary budget is based upon seeking innovative strategies to
address the needs articulated by the Council in an innovative, cost efficient
and service outcome effective manner.
34
17
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Questions ?
35
18