Huntsville officials expand response to the Huntsville Police Citizens Advisory Council report

The session kicked off with a presentation from City Administrator John Hamilton responding to HPCAC's 248-page report.

On June 30, additional feedback from the city was presented. A City Council member asked for this information.

Hamilton began the presentation emphasizing it was not comprehensive and stating that most input on policing has been on subjects other than protests.

Hamilton said that he agreed with many points made by the HPCAC report, but disputed some of the claims made.

Regarding transparency, the report claimed the city did not turn over police training records. Hamilton said HPCAC made three requests regarding training records: A list of trainers, the diversity of training and the training records of individual officers.

Hamilton emphasized that it was not reasonable to print out the training records of individual officers as the volume of these records would likely exceed 30,000 pages, in addition to the more than 18,000 pages that were delivered. Hamilton said in place of delivering these records, HPCAC was invited to review the records in person on site.

RELATED: Huntsville Police Citizens Advisory Council presents review of police department actions during summer protests

Additionally, Hamilton said HPCAC wanted the city to compel officers to speak with the council as a part of their review. The city informed officers of this request and gave allowed them the option to speak or not. According to Hamilton, no officer stepped forward to speak with HPCAC.

Regarding the use of rubber bullets, Hamilton stated, "We do not have and we do not use rubber bullets."

Hamilton acknowledged the footage of a former HPD officer who was present at the protests claiming to have fired five "rubber tipped finned projectiles," which he says are different from rubber bullets deployed by other law enforcement agencies.

Hamilton defended the use of chemical irritants by HPD, saying this was a good example of why they should be used to control crowds. He said the whole purpose of the chemical irritants is to maintain space between protestors and police.

"We weren't there to arrest folks," Hamilton said in the presentation.

He went on to say the intent of police was to disperse the crowd and emphasized multiple times that the intent was not to arrest protesters.

Hamilton said HPD is always looking for ways to improve, including how to have more effective communication. "We can always do better," Hamilton said.

He also said that law enforcement never declared the protests were unpeaceful, just unlawful.

"I don't want the public to think that merely being peaceful makes them lawful," Hamilton said regarding the demonstration.

Moving past the actions at the protest, Hamilton spoke about police policies. He said HPD currently has 248 written directives and many of them are posted online. He said the number of directives will continue to change as technology and policies become more modern.

He encouraged the public to read the directives if they have questions about how HPD operates and if they questions regarding specific directives, ask.

Furthermore, Hamilton discussed HPD training policies. He said HPD exceeds state requirements for police training. HPD cadets attend an 18 week academy - the state only requires a 13 week academy.

Hamilton acknowledged that the city needs to get to a point in which 911 calls regarding an altered mental state are not responded to by the police. He said officers are showing up to these calls because they have to, not because they want to.

He emphasized that modernizing the community's response to mental health is an important topic.

Regarding use of force, Hamilton said officers aren't always afforded the opportunity to start at the minimum amount of force and are forced to make quick decisions often.

Hamilton emphasized. that every use of force incedent that results in an injury will be investigated by an outside, state agency, not HPD.

Hamilton closed out his presentation by saying that modernization only works if there is a culture of wanting to continually improve, which he believes HPD has.

Following the presentation, the work session was opened up to comments from the City Council.

Councilman Bill Kling, District 4, spoke first.

Kling said he wanted to take a look at the future of the department and the city. He said he had spoken with many citizens and wanted to channel their energy into good ideas to make the city's police department better. 

The ideas fell into four categories, Kling said: Mental health and training, community outreach, rebuilding community trust and more aggressive use of the internet.

The following are some of the ideas Kling listed:

• Give officers more downtime with treatment after responding to traumatic calls
• Have an outside agency evaluate all current and future officer's backgrounds, similar to the national guardsmen that were stationed at the capitol
• Tear gas should be limited in use to the most severe cases
• All standard operating procedures and use of force procedures should be listed online
• Annual use of force training should be mandated and training certifications should be posted online
• The hiring process should screen candidates for racial bias and discriminatory tendencies
• The hiring process should be made available online
• Complaints against officers should be made public, similar to public school teachers
• HPCAC should be used to review operating procedures.
• HPCAC's composition should be diverse to ensure representation
• HPCAC should be able to issue disciniplary recomendations
• Protest guidelines should be posted online
• There should be a greater emphasis on mental health training

Kling ended his comment by stating that the Huntsville Police Department provides a good service to the community and that we can make positive changes.

Following Kling, Councilman John Meredith, District 4, gave his comment.

Meredith said he was disheartened by the events that transpired in June, 2020. He said it is frustrating and tiresome for those who have not had the best interaction with police in general.

Meredith said he has already heard complaints that Hamilton's presentation was a far cry from what was reported by the HPCAC.

"It reminds me of what I've heard growin up almost my entire life, that the truth has three sides," Meredith said. "I think what lies before us is the perfect example of the truth having three sides."

Meredith went on to say he was dissappointed that no HPD officers stepped forwards to tell their side of the story. He said this

"One of the most disturbing apects, to me, about CAC's report, and they don't say this point blank like I'm going to present it, but it just seems as though HPD lost control of the situation, not on their own accord, but because of the other law enforcements that were brought in to assist."

Meredith said that most of the "offensive" acts carried out by law enforcement were done by other agencies.

"It lends itself in certain circles to be percieved as though HPD either allowed or could not control other agencies from inflicting harm on our citizens," Meredith said. "We should make sure that perception dies as soon as possible."

Meredith called for a memorandum of understanding to be created for how other agencies interact with HPD. He said there needs to be an understanding that while in the city of Huntsville, HPD is in control.

Meredith also called into question the idea of qualified immunity.

"I don't take that lightly. I know what that means to officers," Meredith said. "If you do not follow the procedures of the HPD, and you violate those policies, then I think some of those protections that are afforded to you should be denied."

He emphasized that he is not calling for a "one strike, you're out" policy, but wants punishments to be equitable.

Furthermore, Meredith said he believes there should be a comprehensive police footage release policy.

"That footage is paid for by citizens tax dollars. We need to show that when we take money from taxpayers, they are entitled to what we tell them it is for. We can't keep taking taxpayer money and refusing to show the body cam that either will justify police action, or give us a starting point to deal with inefficiency," Meredith said.

Lastly, Meredith called for community policing.

"Right now, I know in the Black community, and even more so in the Hispanic community, people are scared to call the police," Meredith said. "They do not want to be the reason somebody winds up dead." 

He said if the same law enforcements that are in a neighborhood and have an established relationship with the people in that neighborhood, people can go to that officer instead of calling 911.

Meredith ended his comment saying he respects what HPD and he know's they have a tough job. "No one expects you to be perfect all the time," he said.

Councilman Devyn Keith, District 1, expanded on a lot of what Meredith spoke on with his comment. 

Keith said their seems to be a matter of fact versus perspective going on.

"Inherently, I think the public has taken the document and calling it a fact," Keith said. "And I think what we heard from Col. Hamilton was a matter of perspective."

Keith went on to say HPD Chief Mark McMurray has brought a large shift and true value to the Huntsville Police Department. 

"The question then becomes, if we are trying to support and increase the amount of impact and diversity ... are we equipping our police to do so?" Keith said.

Keith commented on how other police departments are incentivizing diversity by trying to recruit members of the community, women and others. He said he wants to see an increase in outreach like this.

"Are we empowering people of diversity who have perspectives that have impact that will change the police department," Keith said.

Keith also said he believes the body cam footage of the July protests should be released.

"If we deemed the officer was correct in his actions, why don't we publish it? If we believe the officer did absolutely right. The person came and complained, we are in every way believing that the officer did the right thing, why not publish it to the public and say, 'here's our example,'" Keith said.

He emphasized he wasn't speaking to every traffic stop or incident, but specifically towards reviewed complaints.

Furthermore, Keith said he had text conversations with five different officers who told him they don't feel empowered to discuss issues they have with fellow patrollers.

Keith made sure to say the majority of HPD officers are great, but work still needs to be done and that officers need to be held accountable for their actions.

Keith questioned the validity of all the hours of training HPD is providing its senior officers.

"I don't care how many 8-hour classes, you ask somebody that's been in police, who came into police pre-community policing starting in the 80s and the 90s to take an 8-hour class from some young millenial out of California who's wearing a flannel shirt and talking about inclusiveness and implicit bias training, you're only going to saturate a brick so much," he said.

He also spoke about how he is able to comfortable when stopped by police because he knows the officer behind the badge. Keith went on to share an anecdote of a 17-year-old girl who called him sobbing as she was pulled over by an officer on her way to school.

"I immediately got up, I drove, contacted someone from HPD and said I'm just going to sit on the side. And shes bawling, she so fearful. No matter if she was speeding, no matter if it was her tail light, she's so fearful," Keith said. 

He went on to pose the question of how to empower individuals to break down that fearful situation. He recommended that HPD hires more non-police individuals to interact with the community to help break down barriers.

Following Keith, Councilwoman Frances Akridge, District 2, gave her comments.

Akridge spent much of her time asking questions to Hamilton and Chief McMurray.

"How did it come to pass that Sheriff Turner didn't say what he clearly had planned to do crowd control in our city?" Akridge started off.

Hamilton responded to this question by saying there needs to be a much more detailed approach to what agency is responsible for what. He said ultimately, it's important to take what happened as a lesson learned. He also said it's important that every agency involved should share criticism.

Akridge continued questioning Hamilton, asking if the administration would have rather the events not ended the way they did.

Hamilton responded by saying everyone at the scene shares responsibility for what happened, including the citizens who refused to leave when instructed to. He went on to discuss the complex issue of jurisdiction, where citizens of Huntsville are simultaneously citizens of Madison County.

"If someone's to be in charge, it's more likely, whether we like it or not, to be the sheriff," Hamilton said. "He is the senior law enforcement officer in all of Madison County."

Akridge's line of questioning led to asking about Keith's comment on officers who didn't feel empowered to speak up.

"This year's been challenging with COVID and review restrictions, and I could throw a lot of excuses at you for a difficult year," Chief McMurray said. "I think with this going forward, we have a roadmap."

McMurray said they've already adressed a few issues they want to tackle and are working on improving recruitment and communication.  He said he wants to open up the conversation to the public.

Councilman Keith interjected and asked Chief McMurray if he believed there was a better way for officers to submit grievances.

If an officer has an issue with another officer, Chief McMurray said there are multiple avenues to report it. He said officers could go to internal affairs, human resources, direct supervisors and others. He said officers also have the option to submit anonymous tips and that he reads every single tip that comes through.

Akridge went on to say the council has revised an ordinance which has the primary function of appointing people to HPCAC by the council and mayor. The chief will not have any appointments as the goal is for HPCAC to be a liaison for citizens to Chief McMurray.

Furthermore, Akridge said there is a need to have candid conversations with HPCAC with a mediator or facilitator to help further identify what needs to be done.

Lastly, Akridge called for changes to the way mental health calls are handled. She it was important to have social workers and non-police employers to help properly help people dealing with a crisis.

Councilwoman Jennie Robinson, District 3, said she heard things during the session that resonated with her.

Robinson said better communication systems were necessary, other than what was used at protests. She said these communications systems have uses outside of managing protests. 

She also said the HPCAC was critical, and that it is important to have a greater citizen presence at HPCAC meetings.

Robinson also discussed concerns she had about what she heard.

Robinson said she was concerned about the emphasis the council placed on releasing body camera footage. She said the body cameras could contain footage of innocent victims who have a right to privacy. Robinson also voiced the concern that the release of body camera footage could affect a perpatrators right to a fair trial.

Additionally, Robinson had qualms about removing qualified immunity for police officers. She said other systems were in place to hold police accountable.

"There are processes within our police department that help us ensure accountability with our officers," Robinson said. "Chief McMurray and I have talked about technology in particular that lets us red flag officers that are a challenge. We need to use those processes instead of removing protections."

She said she is concerned that if protections are removed, officers will be placed in a position where they will second-guess their actions, potentially endangering people.

"Rather than be stone throwers, we need to be stone catchers," Robinsone said, quoting author Bryan Stevenson. "I would suggest that we start catching some stones for the HPD officers who are out on the street everyday."

Robinson said she hopes the session is the first of many conversations on how the city can improve and move forward.

Mayor Battle closed out the work session thanking HPD and HPCAC for the work they've done.

"You're not finished yet, there's still a lot to come," Mayor Battle said. "Thank you for you work, and thank you for what you did for the city of Huntsville."

On April 28, Madison County Sheriff Kevin Turner responded to the review at the Madison County Commission's monthly meeting. Sheriff Turner issued the following statement:

"Thank you Chairman Strong and thank you, Commissioners. Over the past week, my office has received several media inquiries, related to a report released by the City of Huntsville’s Citizen Advisory Council concerning the protests last June downtown.

"I want to take this opportunity to go on record, and say first and foremost, thank you to the men and women of the Madison County Sheriff’s Office for what you do for this community daily. It is very hard to be in law enforcement in today’s climate, and to wear that uniform and badge every day. That was proven by what you had to deal with last summer during the protests. However, you stood tall, remained professional, and represented your county well. You put in long and hot hours without complaint, and then put that uniform on again the next day and came back to work. I also want to thank all the law enforcement officers for what they did protecting our town during the protests.

"Second, I want to thank the members of this Commission for your unwavering support. Especially during and after the events of last June. There was never any doubt in my mind that the men and women of the Sheriff’s Office had your support. You have shown that you are dedicated to protecting our community, and each of you is an asset to this County.

"Third and most importantly, I want to thank the citizens of Madison County for the support they have shown our agency. I cannot count the number of letters, phone calls, cards, and handshakes from citizens, that we have received over the past year, thanking us for protecting their community during the protests of last June, and from the local businesses thanking us. Know that every employee of the Madison County Sheriff’s Office cares about this community, and we are blessed to work with such supportive citizens.

"In closing, let me say that as your Sheriff, I took an oath to uphold the Constitution of the United States, as well as the State of Alabama. I DO NOT take that oath lightly. I feel I was elected to be a Law-and-Order Sheriff for ALL of Madison County, and I am dedicated to being just that. The responsibilities and jurisdictions of my office do not stop at the city limits, but rather encompass every square inch of this County, and every community within it. I love and care about every citizen in this county.

"The actions taken by the Madison County Sheriff’s Office during last year's protests were thoroughly reviewed, and I continue to stand behind those actions. As law enforcement officers we have a Code of Ethics. The first line of the Law Enforcement Code of Ethics is as follows:

"As a law enforcement officer, my fundamental duty is to serve the community, and to safeguard lives and property.

"The men and women of the Madison County Sheriff’s Office held true to that Code of Ethics last summer, and we will continue to do so.

"Again, thank you to Chairman Strong and this Commission for your support, and for your dedication to public safety in Madison County, and thank you to the citizens of Madison County for making this community a great place to live. It is an honor to serve as your Sheriff."

IN OTHER NEWS: Huntsville Police Citizens Advisory Council presents review of police actions during summer protests