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Over the objections of representatives of the Police and Health and Human Services departments, a divided City Council passed a proposal Tuesday night that would make dislodging homeless people sleeping in public a low priority.  

State law 647j makes it illegal to sleep outside. The resolution also calls on the council to look at funding storage lockers, detox programs and other homeless services in next year’s budget. 

Deputy Police Chief Roy Meisner argued that his officers already make moving homeless people from their sleeping places a low priority. It’s only when someone complains that the police jump in, he said, noting that out of 72 police reports on persons lodging in public, only 16 people were arrested in 2000. 

Moreover, he said, when issues are made “low priority” officers do not enforce them at all. “The rules become confusing.” 

Health and Human Services Department head Fred Madrano argued that such a ruling would have a negative impact on the good  

working relationship homeless workers from his department have with the police. 

Councilmember Linda Maio agreed with much of what Meisner and Madrano said. However, she noted that a handful of officers do arrest homeless people who sleep in public. Councilmember Kriss Worthington, who brought the resolution to the council, gave the example of a homeless person who was cited, then did not make it to his court date because he had no address at which he could receive notice of the court date. He spent a month in jail. 

The vote was split along typical party lines with progressives Vice Mayor Maudelle Shirek, and councilmembers Maio, Worthington, Margaret Breland and Dona Spring voting in favor. Moderates Mayor Shirley Dean, Mim Hawley and Betty Olds voted in opposition and Councilmember Polly Armstrong abstained. 

Councilmember Polly Armstrong said she took offense at the item. Berkeley’s “treatment of the homeless is exemplary,” she said, lashing out at Worthington. 

“I’m offended that the fact that a councilmember has taken a very fragile segment of our community and made them more afraid.” 

The first vote followed a second unanimous vote affirming the work of the police and human services departments.