The city council of San Marcos convened Tuesday to determine how to direct the city manager on handling cite and release in the city of San Marcos. What originally began as a move to put forward a resolution became an ordinance by a 4-3 vote. This isn’t the first time San Marcos made moves to become a first in Texas cannabis history. In the 1990’s San Marcos attempted to change the law locally, but overly anxious supporters made the legislature revise the law into a health and safety code.
If the ordinance goes into effect, it will be the first ordinance in the state for cite and release. All other towns have resolutions.
The meeting started off with a citizen comment period. Of this allotted time the majority of the speakers spoke on the agenda item involving cite and release. And of eligible offenses, primarily about cannabis. The speakers ranged from everyday citizens to nationally known poet Faylita Hicks and local non-profit Mano Amiga which noted throughout the evening a 77% arrest rate by SMPD for cite and release offenses.
Faylita Hicks noted during her testimony that she was arrested for a Class C misdemeanor when she was 24 yrs old. She was finishing her final course of college at TXST. Her car had broken down on the side of the road and an officer had pulled a speeding truck over behind her vehicle. After that the officer then questioned her, and ID’d her. Unbeknownst to her had a warrant for her arrest on a Class C misdemeanor. She spent over a month in jail and delayed her college because of $600 bail she couldn’t afford. Then she had to wait over a month to get a hearing and be released.
San Marcos City Council Agenda priorities and discussion
The item originally was to be the last on the San Marcos city council agenda for the evening. With overwhelming majority attendance over the issue, it was unanimously decided to be positioned at number one.
The city council moved into discussion lead by the newly formed Criminal Justice committee. Consisting of Joca Marquez, Ed Mihalkanin, and chaired by Mark Rockeymoore. Rockeymoore noted that he received a class c misdemeanor at one point in his life. Rockeymoore described the impact that being part of the criminal justice system had on him 15 years ago.
“Because of that decision and the class c misdemeanor I received that night, I spent a full decade unable to get any job other than minimum wage (jobs) even though I had advanced degrees and was ABD Ph.D. So this really really hits home to me.”
Rockeymoore also noted that he commends the SMPD for his own experience because they did what they had to do, and had he possessed enough money he wouldn’t have had to spend the night in jail. That night in jail cost him his future for 10 years. He furthered that he understands the impact and need for this cite and release program to be an ordinance and not just a resolution. Marquez and Rockeymoore agreed that the agenda item should move forward as an ordinance rather than a resolution. Mihalkanin being the sole committee member dissenter.
Discussion on Section 1, offenses eligible for cite and release
The discussion then centered around seven offenses that the city is considering to be eligible. Texas has more than seven offenses eligible, but the San Marcos City Council decided to go with just these seven. Four of the seven offenses highlighted because of the San Marcos City Council being undecided on keeping them.
1. Class C misdemeanors other than public intoxication, assault, or family violence.
2. Possession of Marijuana less than 4 oz, Class A or Class B misdemeanor
3. Driving while License Invalid, Class B misdemeanor
4. Criminal Mischief, Class B misdemeanor
5. Graffiti, Class A or Class B misdemeanor
6. Theft of Property, Class B misdemeanor
7. Theft of Services, Class B misdemeanor
The conversation revolved around the latter 4 offenses between the city council and Interim Chief of Police Bob Klett. Klett stated that the issue he saw with these offenses, specifically 4 and 6, were how victims would perceive doing cite-and-release on those perpetrators. People don’t want to be in jail for non-violent offenses because of how it could interfere with their lives. But a criminal slashing someone’s car tires (Criminal Mischief) has now interfered with someone else’s life by possibly making them late or missing work. As well, that if someone stole a $400 lawnmower, which was a situation proposed by councilmember Saul Gonzales, that they would be cited and released. Gonzales asked if that would be the case if they immediately did this over and over, to which Klett confirmed.
Councilmember Maxfield Baker countered with the fact that people are still going to have to appear in front of a magistrate. That feeling good for the immediate comeuppance of a suspect shouldn’t be the reason to not move forward with changing how the police handle these situations.
The thieves dilemma from Klett
Officer Klett then noted how with offense #6, that even after 30 yrs of police work, you always encounter new situations. Officers recently encountered a couple of thieves that had been reported for stealing from the local outlet mall. Part of the ordinance states one would be eligible to walk while the other would be jailed. One is from Hays county, the other from Comal. Part of the ordinance states only Hays county residents, workers, or students are eligible. The dilemma for Klett is the suspect from Comal is African-American while the suspect from Hays is white. To him, the optics is that if he lets the white male goes and arrests the black male, his department would appear racist.
Councilmember Baker responded that it would not matter because a line has to be drawn per state law. No matter how arbitrary it was, it was not a decision city council could make. Rockeymoore noted that he believes as an African-American that the number of people that would act unreasonably would be minimal. City Manager Bert Lumbreras thought the situation of continuing with an ordinance could possibly be throwing the police department under the bus. Rockeymoore noted to the city manager that he thought that was an incorrect assessment. Faylita Hicks noted the following after the meeting to Texas Cannabis Collective about those optics,
The criminal “justice” system is racist overall, as it over-criminalizes Black and Brown people at devastating and well-documented rates. That does not mean that our city has to perpetuate systematic harm by upholding the status quo of arresting people for citation-eligible offenses—all because of the off chance this rare circumstance may occur. Let San Marcos be the leader in treating people better.
Faylita Hicks – San Marcos Resident
Section 2: When officers don’t have to cite and release and allowing street diversion
The biggest concern about section 2 of the proposed ordinance is that of the use of the word only. Officers will only be arresting a suspect for a cite and release offense if one of the six criteria were met. Council noted on the thieves issue that they were almost certain officers would have found a basis to arrest within the rules. Possibly using another ineligible charge. The same going for a person caught slashing tires (unlawful weapon tire deflation devices ) or stealing from private property (criminal trespass could be applied).
After that was the concern that officers would not be able to use street diversion programs. Officers either confiscate the substance found and release with a warning, or confiscate with Class C Misdemeanor Drug Paraphernalia charge. Klett admitted there’s been no tracking of this program in San Marcos to give statistics on it’s usage and viability. The Hays county jail has been releasing such offenders the next morning if they cannot make bail. The council noted that they think that isn’t enough to prevent the damage being caused, as all it really solves is overcrowded prison numbers.
Jordan Buckley of Mano Amiga had this to say about the topic of cannabis with cite and release,
It’s a shame that cannabis is an utter non-issue north of our county line, in Travis County. Whereas, conversely, in Hays County low-level pot possession has been our leading arrest charge since 2013. Cite & Release is just a first step in a much broader slate of reforms that Mano Amiga & others seek to encourage into fruition in our corner of the Lone Star State.
Jordan Buckely of Mano Amiga
The final decision
The city council did not vote overall to approve the ordinance as the agenda only called for discussion. The council will give time to each member time to think it over. For those that wish to reach out to the city council and advise to move forward with the ordinance, you can at councilmembers@sanmarcostx.gov
