BULLETIN
WINTER 2020
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
Inside this Issue: PCPA Executive Board and Committees
Legislative Report
Agencies Continue to be Accredited by PLEAC
PCPA 108th Annual Conference
PCPA Member Spotlight
The State of Recruitment: A Crises for Law Enforcement
Legal Update for Law Enforcement
Smile, You're on Camera
CODY is ready for NIBRS
are you? www.codysystems.com Data Driven.
5 SHIELD
SPONSOR
VZ W Wi - F i
contents
USPS 425940 • ISSN 0031-4404
WINTER 2020 • Vol. 122; Issue 4
6 13 27 28 32 34 37 38 42 44
Richard “Dick” Hammon Retires Remembering PCPA 108th Annual Education & Training Conference The U.S. Department of Justice: Standards for Certification on Safe Policing for Communities Pennsylvania Chiefs of Police Association and Fight Crime: Invest in Kids – A Twenty Year Partnership The State of Recruitment: A Crisis For Law Enforcement The Rodgers Group LLC: One Team, One Mission: Committed to Public Safety Professionalism
28
Smile, You're on Camera PA House Judiciary Committee Looks at Police Reforms and Pennsylvania Law Enforcement Training Transparency in Policing- The Key To Building and Keeping The Community’s Trust
COLUMNS AND DEPARTMENTS 5 PCPA Executive Board and Committees 5 PCPA Staff 8 President’s Message 9 Executive Director’s Message 11 Welcome New Members 11 Our Sponsors 14 Agencies Continue to be Accredited by PLEAC 15 Member Spotlight 17 Legal Update for Law Enforcement: Calls for the Abolition of Qualified Immunity Miss the Mark 22 Legislative Report 48 Technology Update 50 Statement of Ownership 51 PCPA Membership Application
34
Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (spring, summer, fall and winter) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536. The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative goals, news items, PCPA upcoming events and legal issues. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Scott Bohn, 3905 North Front Street, Harrisburg, PA 17110-1536, or email to sbohn@pachiefs.org.
3
OFFICERS Albert Walker Chairman Chief of Police Hanover Township
PCPA STAFF Royce Engler 3rd Vice President Chief of Police Wright Township
William Richendrfer Secretary – 2023 Chief of Police South Centre Township
Fred Harran 2nd Vice President Director of Public Safety Bensalem Township
Michael Vogel 4th Vice President Chief of Police Allegheny County Housing Authority
Ken Truver Treasurer – 2023 Chief of Police Castle Shannon Borough
Al Coghill -2022 Chief of Police Canonsburg Borough
Larry Palmer – 2022 Chief of Police Palmer Township
Jason Loper - 2022 Chief of Police Fairview Township
David Splain - 2022 Chief of Police Nether Providence
James Sabath – 2022 Chief of Police Newtown Borough
Mark Toomey – 2021 Chief of Police Upper Providence Township
Tim Trently - 2022 Chief of Police Archbald Borough
Aaron Lauth - 2023 Chief of Police Mount Lebanon
John English President Chief of Police Edgeworth Borough
David Steffen 1st Vice President Chief of Police Northern Lancaster County Regional
BOARD MEMBERS
Thomas Gross – 2022 Chief of Police (Ret.) York Area Regional Police
Scott L. Bohn, Executive Director, sbohn@pachiefs.org Marcia Nixon, Administrative Assistant to the Executive Director, mnixon@pachiefs.org Gregory Bean, Consulting and Member Services Manager, gbean@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org Cheryl Campbell, Administrative Manager, ccampbell@pachiefs.org Dick Hammon, Accreditation Program Manager, rhammon@pachiefs.org Jerry Miller, Offender Identification Technology Program Manager, jmiller@pachiefs.org Andrea Sullivan, Administrative Assistant and Accreditation Assistant, asullivan@pachiefs.org
Thomas Rudzinski – 2021 Chief of Police Manheim Township
38
44
BUDGET & PERSONNEL
LEGISLATIVE
Chair: John English, Chief of Police, Edgeworth Borough Royce Engler, Chief of Police, Wright Township Fred Harran, Director of Public Safety, Bensalem Township Bill Richendrfer, Chief of Police, South Centre Township David Steffen, Chief of Police, Northern Lancaster County Regional Ken Truver, Chief of Police, Castle Shannon Borough Michael Vogel, Chief of Police, Allegheny County Housing Authority
Chair: Fred Harran, Director of Public Safety, Bensalem Township Randy Cox, Chief of Police, Somerset Borough Thomas Gross, Chief of Police (Ret.), York Area Regional Police David Mettin, Chief of Police, Plumstead Township Dean Osborne, Chief of Police, Grove City Borough Larry Palmer, Chief of Police, Palmer Township Thomas Rudzinski, Chief of Police, Manheim Township David Steffen, Chief of Police, Northern Lancaster County Regional
EDUCATION & TRAINING
MEMBERSHIP/BYLAWS
Chair: David Steffen, Chief of Police, Northern Lancaster County Regional William J. Daly, Chief of Police, Horsham Township Royce Engler, Chief of Police, Wright Township Ashley Heiberger, Retired Captain, Bethlehem City Aaron Lauth, Chief of Police, Mount Lebanon Jason Loper, Chief of Police, Fairview Township David Splain, Chief of Police, Nether Providence Police Department George Swartz, Chief of Police, Spring Garden Township Ken Truver, Chief of Police, Castle Shannon Borough
Chair: Royce Engler, Chief of Police, Wright Township David Splain, Chief of Police, Nether Providence Police Department Mark Toomey, Chief of Police, Upper Providence Township Timothy Trently, Chief of Police, Archbald Borough Ken Truver, Chief of Police, Castle Shannon Borough Michael Vogel, Chief of Police, Allegheny County Housing Authority
NOMINATING Chair: Michael Vogel, Chief of Police, Allegheny County Housing Authority
5
WINTER 2020 BULLETIN
executive board & committees
6
PA CHIEFS OF POLICE ASSOCIATION
Thank you for 46 years of professional and dedicated service to law enforcement. By: Scott L. Bohn, Executive Director, Pennsylvania Chiefs of Police Association
Richard “Dick” Hammon was born and raised in Huntingdon, PA. He graduated from Huntingdon Area High School in 1968. In March 1974 Dick began his law enforcement career with the Upper Allen Township Police Department. Dick attended the Pennsylvania State Police Academy shortly after his hiring. In 1978 Dick was promoted to Corporal. In 1979 he graduated from Harrisburg Area Community College with an A.A. in Police Administration. Dick was also a graduate of the Northwestern Traffic Institute. Prior to becoming a Sergeant in 1985, Dick graduated from the 139th session of the FBI National Academy in Quantico, Virginia. In 1986 he completed the IPTM Police Management course. In early 1987 he became the Chief of Police for the Upper Allen Police Department. In 1993 Dick became the Accreditation Program Manager for the Pennsylvania Chiefs of Police. A position he held through 2010. In 2010 Dick became the Chief of the Silver Springs Township Police Department. Dick served as the Chief of Police for 5 years. In 2015 Dick returned to the Pennsylvania Chiefs of Police as the Accreditation Program Manager. Executive Board member and past PCPA Executive Director Tom Gross praised Hammon. “I have known Dick for over 25 years as a
previous board member (several times), a longtime member, chief, accreditation guru, and all-around supporter of the Association. He has been a true friend to many members, over many years. He once received the President's Award and, in my opinion, he is the member of the century. As they say, behind every good man is a good woman and Dick's wife Linda is one of the best. She has been there for all the years that Dick has and she was tireless and took the initiative to help anytime in any way she could. Dick and Linda have worked tirelessly through countless conferences, meetings, activities, initiatives, and events and always found new ways to support our association. One of his many legacies is the Cumberland County Law Enforcement Memorial which is a reality due to his vision and the foundation he helped to start. There are countless men and women in law enforcement around the country (and abroad) who have experienced the friendship and support of Dick. I know how he has supported me on my own journey, and we will miss such a big piece of our organization.” Dick has been an active member of the FBI National Academy Associates; the Cumberland County Chiefs of Police Association, (President 1998-1999); West Shore Police Association, (President 1978-1981); Central Chiefs of Police Association , (Executive Board); Pennsylvania Chiefs of Police 7
Association. In 2017 Dick was honored with the PCPA presidents award for his contributions to Law Enforcement. Former Upper Allen Township Police Chief and current PLEAC Chairman Jim Adams said “I have had both the honor and privilege to have worked for and with Dick for over 42 years. He was always the consummate professional and one I could turn to for sound advice. He has been an asset to Law Enforcement in Pennsylvania and beyond and his legacy will live on.” Dick is happily married to his wife of 50 years, Linda. They have 2 daughters, Annika and Karena. Dick plans on some well-earned time and travel with his wife. On behalf of the Pennsylvania Chiefs of Police Association, the PCPA Staff and our membership, I would like to thank Dick Hammon for his 46 years of professional and dedicated service to law enforcement. As the subject matter expert and coordinator of the Pennsylvania Law Enforcement Accreditation Program, he has had a significant impact on our profession. His significant efforts, advancements, and improvements will continue to influence law enforcement well into the future. Dick has distinguished himself as person of integrity and character. He has reflected positively on our Association, PLEAC and our profession. Thank you, Dick (and Linda), for your service and sacrifice.
WINTER 2020 BULLETIN
Richard “Dick” Hammon
PRESIDENT’S MESSAGE
DEAR MEMBERS,
W
ow, what a year for our Commonwealth, our Country, and our profession and although there have been more low points than high points for us, we are weathering the storm and will be stronger for it.
I am writing this on November 10th and as of this writing it appears that we have lost the strongest supporter for law enforcement in the White House that I could remember. With the new administration coming in, it is unknown where they may stand on law enforcement given all the vitriol that we heard during the election.
“IF YOU WALK FORWARD WITH FAITH AND JUSTICE, GOD WILL PROVIDE FOR YOU.”
With this being said, it is more important than ever that we stay abreast of what laws are being presented at our Capitol and in Washington DC. Our Executive Director, Scott Bohn, and his staff, with the support of the Executive Committee are hard at work. Director Bohn meets almost daily with legislators and other organizations to navigate and help guide legislation is consistent with professional law enforcement and leadership in our Commonwelath. We have also had the opportunity to testify before the House of Representatives, concerning law enforcement. The topics ranged from how officers are trained and what training our organization provides along with training taught in the numerous academy’s. It also gave us the opportunity to show that some of the legislation that was being presented concerning training, is training that has been in effect throughout the Commonwealth. As we move into what could to be a new era in law enforcement, remember that some of us more senior members have been through this type change before and have survived and you will also. Stay strong and look out for your brothers and sisters who are wearing the badge. I will leave you with this:
PA CHIEFS OF POLICE ASSOCIATION
“If you walk forward with faith and justice, God will provide for you.” Sincerely,
John English
CHIEF OF POLICE, EDGEWORTH BOROUGH PCPA PRESIDENT
8
EXECUTIVE DIRECTOR’S MESSAGE WINTER 2020 BULLETIN
DEAR MEMBERS,
2
020! Who would have anticipated the year of challenges our Pennsylvania law enforcement leaders and personnel have faced this year; a pandemic, civil unrest, the election, political climate, demands for police reform and defunding the police. Our members and the law enforcement profession have dealt with one problem after another. I feel truly fortunate to serve as the Executive Director of our Association and to have stood with you throughout this challenging year. I have witnessed the tremendous dedication and unwavering courage of police leaders across the Commonwealth. Our law enforcement leaders embraced the challenges and held themselves accountable as they worked through these unprecedented times. Our members have continuously shown that they are compassionate individuals who are willing to sacrifice their safety for their communities. Our law enforcement leaders recognize the moral and professional duty to reflect the values of their communities, and they were proud and committed to upholding that obligation. Law enforcement is a noble profession. The overwhelming majority of police leaders in Pennsylvania are honorable, committed, and dedicated people. Every day our members attempt to make their communities a better place to live, work and learn. PCPA has attempted to provide our members with the daily support, information, resources, and tools to provide policing services to their communities. Our legislative efforts, on behalf of the Association, were an important part of our activity this year. The Association provided a great deal of feedback on draft legislation to ensure law makers took our considerations into account. This year, I had the privilege of testifying before the PA House and Senate on police reform issues. We advocated on behalf of our members for preserving qualified immunity, a use of force database, obtaining a statewide database of decertified police officers, the important role of law enforcement, police training and departmental accreditation. Pennsylvania was one of the first states to pass meaningful reforms into law after George Floyd’s death. These are considerable achievements. We advocated for a “seat at the table” and the adoption and approval of well-intended and well-constructed legislation that is crucial to strengthening the communities’ trust in law enforcement. We emphasized that our collective efforts reflect a balanced approach to addressing crime and making community safety our first priority. The work of PLEAC and our best practices and standards was an Association priority. The work of our Commission members was remarkable. The Pennsylvania Law Enforcement Accreditation Program now addresses 139 standards and 200 sub-standards that cover all the contemporary issues facing law enforcement. The commission posted CONTINUED ON PAGE 10 9
LAW ENFORCEMENT IS A NOBLE PROFESSION. THE OVERWHELMING MAJORITY OF POLICE LEADERS IN PENNSYLVANIA ARE HONORABLE, COMMITTED, AND DEDICATED PEOPLE. EVERY DAY OUR MEMBERS ATTEMPT TO MAKE THEIR COMMUNITIES A BETTER PLACE TO LIVE, WORK AND LEARN.
www.facebook.com/pachiefsofpolice www.twitter.com/pachiefs www.instagram.com/pachiefsofpolice
EXECUTIVE DIRECTOR’S MESSAGE (CONTINUED) those standards for all our members on our PCPA website, increasing the Associations transparency and accountability to its membership. I was also privileged to have access to media outlets through interviews, op-eds, articles, town halls and panel discussions across our state. We made it a priority to inform the general public about the issues challenging law enforcement ensuring that the voice of our members and profession was part of the discussion. We expressed our views on traffic safety, police funding, police reform, justice in policing, police-public engagement, transparency, accountability, new-hiring data base, minority relations, childhood programs, marijuana, impaired driving, and accreditation. We made improvements to our website and enhanced our presence on many social media platforms. We have strengthened our relationships with other associations to better our capabilities and serve the members of our Association. Unfortunately, the pandemic prevented us from getting together for our annual education and training conference and networking with membership, sharing ideas, and learning from each other. This interaction is invaluable, but I am looking forward to a great conference at Kalahari Resorts in the Poconos in 2021. Lastly, I would like to thank our Executive Board and all the members who serve on committees for our association. These highly professional men and women represent all that is great about law enforcement in our state. I would also like to thank the outstanding staff at PCPA. Their amazing dedication and support over the past year has greatly benefited my transition and the Association’s standing. This has been an extraordinarily busy and productive year for PCPA. I am proud of the Association and the work that has been accomplished. We have had to rapidly reprioritize our objectives this year. It is certainly not what I, or any of us, could have anticipated. I know we are stronger as an association and as a profession. We look forward to the New Year and will continue to meet the new challenges. We wish you and your family good health and happiness this holiday season and in the coming New Year.
Scott L. Bohn
EXECUTIVE DIRECTOR, PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION PA CHIEFS OF POLICE ASSOCIATION
THE SYMBOL OF
ONGOING RISK MANAGEMENT Featuring a credible, affordable, and practical law enforcement accreditation program unique to Pennsylvania.
Training and start-up materials are provided
Call PCPA headquarters at (717) 236-1059 Pennsylvania Chiefs of Police Association | A program partially funded by PCCD
10
Active Members
Michael Jackson Lower Providence Township Police Dept. Chief of Police
David Clemens Lewistown Police Department Chief of Police
Louis Sacco Clymer Borough Police Department Chief of Police
Christopher B. Flanagan Radnor Township Superintendent
Thomas Scott Abington Township Police Department Lieutenant
Matthew Podsiadly Scott Township Police Department Chief of Police
Andrew Block Upper Moreland Police Department Chief of Police
Daniel H. Patel Orangeville Area Police Department Chief of Police
Dale Binker Plains Township Police Department Chief of Police
Angie Garrison Buchart Horn Architects Client Services Director
Michael Roke Nanticoke City Police Department Chief of Police
Ryan P. Hawk Town of McCandless Police Department Chief of Police
Brian Freysz Manheim Township Police Department Lieutenant
Don Boehs Cumberland Township Police Department Chief of Police
11
WINTER 2020 BULLETIN
Welcome New Members
REAL SOLUTIONS FOR REAL CHALLENGES
PA CHIEFS OF POLICE ASSOCIATION
Policies & Updates Online Learning Grant Services
Call for Your Demo Today 844-312-9500 | lexipol.com
12
Retired Chief of Police Joseph F. Greenya Chief Greenya served the community of Columbia from 1973 to 2011 as a Police Officer. Chief Greenya graduated from Columbia High School and was hired as a part time Officer in 1973. He was then hired full time in June of 1974 and attended the PA State Police Academy in Hershey. He was promoted to Sergeant in 1983 and attended the FBI National Academy in 1985. He was then promoted to Det. Sgt. in 1995 and then to Police Chief in 1996 until his retirement in 2011. During and after his Law Enforcement Career, Chief Greenya was an active member of the Red Rose Lodge #16 Fraternal Order of Police and the FBI National Academy.
Retired Chief of Police Paul D. Rager Retired as Chief of Police from Manheim Township Police Department. Chief Rager started as a volunteer auxiliary officer in 1963 and was hired as a patrol officer in 1966. He was promoted to Sergeant in 1970 and Lieutenant in 1972 where he commanded the patrol division. In 1987, Rager was the first chief to be promoted from within the department. He retired in 2006 after serving the citizens of Manheim Township for 40 years. Chief Rager is a past president of both the Lancaster County Chiefs of Police Association and the Pennsylvania Chiefs of Police Association.
Sergeant Mark Andrew Senczakowicz Mark Andrew Senczakowicz passed away unexpectedly Wednesday, November 4, 2020 after being stricken ill while on duty at the Luzerne County Courthouse, where he was employed as a Deputy Sheriff. Mark served as a police officer with Warrior Run Police Department, advancing to Chief of Police for the borough. He was a part-time patrol officer with Ashley and Sugar Notch for many years while concurrently serving as a Deputy Sheriff for Luzerne County since 1992. Mark also concurrently served the community of Warrior Run for many years as the road department superintendent and as a member of the Warrior Run Boro Volunteer Fire Company. He was a former Pennsylvania Chiefs of Police Association and a current member of the Deputy Sheriffs’ Association of Pennsylvania.
16TH ANNUAL PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION TRAINING CONFERENCE Please save the date for the 16th Annual Pennsylvania Law Enforcement Accreditation Training Conference. The Conference will be a virtual conference due to COVID-19 restrictions. It will be held from March 22 - 24, 2021. Registration will be available in January of 2021. 13
WINTER 2020 BULLETIN
Remembering
Premier Agency Status
Welcome to Our Newly Accredited Agency
Congratulations and thank you to our newest PREMIER AGENCIES for their hard work and dedication to the Pennsylvania Law Enforcement Accreditation Program.
Upper Makefield Township Bucks County Chief Mark F. Schmidt
Re-Accredited Agencies at the PLEAC Meeting in November
PA CHIEFS OF POLICE ASSOCIATION
Bethlehem City Northampton/Lehigh County Chief Michelle Kott (4th Re-Accreditation) Upper Macungie Township Lehigh County Interim Chief Michael Sitoski (1st Re-Accreditation) Allentown City Lehigh County Chief Glenn Granitz, Jr. (5th Re-Accreditation)
Northampton County Sheriff Richard H. Johnston (3rd Re-Accreditation)
Bristol Township Bucks County Chief Robert A. Coulton (1st Re-Accreditation)
Upper Providence Township Montgomery County Chief Mark A. Toomey (1st Re- Accreditation)
Pennsylvania State Police Statewide Colonel Robert A. Evanchick (6th Re-Accreditation)
Forks Township Northampton County Chief Gregory F. Dorney (5th Re-Accreditation)
Warminster Township Bucks County Chief James C. Donnelly, III (4th Re-Accreditation)
Lower Paxton Township Dauphin County Director Adam R. Kosheba, Jr. (5th Re-Accreditation)
14
Chief of Police / Borough Manager Borough of West View Q. What is your current occupation/title/ department? A. Chief of Police / Borough Manager West View Q. What do you like most about your occupation? A. Each day has something different to offer. The challenges that are presented and the successes and on occasion the failures that we learn from each day. Holding the position of Chief of Police along with the Borough Manager position can make for some interesting days to say the least however this arraignment does work for our community. Q. How do you define success? A. By listening, success is achieved by being engaged and current in every aspect of the position that you hold. Taking advantage of training when applicable and reading articles in professional journals. Q. Who inspires you? A. Growing up I believe my parents as they both had an incredible work ethic. Today my wife Janet as she keeps me grounded and is my voice of reason. Q. If you could choose anyone as a mentor, who would you choose? A. Chief (ret.) William Bochter, Assistant Chief City of Pittsburgh also retired as a Chief Master Sgt from the PA ANG. Chief Bochter was very instrumental and a great role model to not only myself but all the members of our organization for many years.
Q. Why did you join the PCPA? A. To ensure that I can take back to my department or community any information that is available. To network with my fellow Chiefs as we all deal with the same issues or concerns that come across our desk. Most importantly to ensure that any type of legislation and or training opportunities are discussed and to have a seat at the table when they are decided on. One of the most important tools that we have at our disposal is training. There are many free training opportunities out there. I believe organizations such as PA Chiefs, Western PA Chiefs and other Chiefs of Police associations do a tremendous job of getting that word out and providing that training. Q. What Committees or organizations do you belong to our volunteer at? A. Currently the Second Vice President of the Allegheny County Chiefs. Member of the CONNECT organization within Allegheny County that networks resources in and around Allegheny county. Life Member West View Vol Fire Dept. American Legion and VFW. I retired from the PA Air National Guard after 33 yrs 3 weeks and 3 days as a Chief Master Sergeant E-9 and the Security Forces Manager. I am a Big Brother with the Big Brothers Big Sisters of Pittsburgh, Bigs in Blue program, outstanding organization.
Member Spotlight Q. Do you have any pets? A. no Q. Do you have any favorite hobbies? A. Fishing and BBQing Q. What’s the last book you read? A. Bill O Reilly, Killing Patton Q. What’s the first concert you ever attended? A. The Eagles Q. If you had to eat one meal every day for the rest of your life, what would it be? A. Pasta, with arrabiata sauce, meatballs, salad, and a glass of red. Q. What’s something about you (fun fact) that not many people know? A. I was a licensed barber in the state of PA until 2016 and owned my own shop. Andy Taylor, Howard and Floyd rolled into one...(Andy Griffith Show for those not familiar) Q. What was the best day of your life? A. I believe that that can be answered for many occasions I would say one of them were when our children were born.
Never tell people how to do things. Tell them what to do and they will surprise you with their ingenuity. – General George Patton 15
WINTER 2020 BULLETIN
Bruce Fromlak
No Matter What 2021 Brings Be Prepared With PowerDMS PowerDMS https://www.powerdms.com/public/YourOrg
Your Public Policies Use Of Force Covid-19 Report 2020
Share Public Facing Documents
Increase Public Transparency
Use of Force Policy
Hold Officers Accountable
Simplify PLEAC Accreditation
PowerDMS.com . 800.749.5104 . sales@powerdms.com
LEGAL UPDATE FOR LAW ENFORCEMENT
Calls for the Abolition of Qualified Immunity Miss the Mark By: Christopher Boyle, Esq. & Joshua Brownlie – Marshall Dennehey, LLC
Few other topics in the move to defund the police and reform law enforcement have brought as much outrage and misunderstanding as “qualified immunity”. A topic often misunderstood by lawyers, when then given a sound bite and incendiary definition with little relation to the truth, it has become a focal point for many, and a target of reform. The problem is, the calls for its abolition often fail to acknowledge what qualified immunity really is – a necessary recognition that police officers are on the cutting edge in Constitutional law, and are sometimes forced to “read the tea leaves” of what a Court might later decide. Qualified immunity is merely a recognition that officers are expected to know what the law IS, not necessarily what it might BECOME. While we will attempt to shed some additional light in the remainder of this article, boiling it down to its core, qualified immunity says that the first police officer who runs across a new situation, that the courts have not previously addressed, cannot be held liable if the courts later disagree with their decision. The next officer to deal with that same situation, after the courts have ruled? They are not entitled to qualified immunity, and never have been. When one looks at what it really is, rather than what well-
Christopher Boyle is a Shareholder in the Philadelphia office of Marshall Dennehey. His practice is largely devoted to the defense of law enforcement and municipalities in civil rights lawsuits. Prior to joining the firm in 2005, Chris retired as a Lieutenant after fifteen years with the Philadelphia Police Department. He is a proud member of the Pa. Chiefs.
Christopher P. Boyle, Esq.
Joshua Brownlie is a Summer Law Clerk in the Philadelphia office of Marshall Dennehey. He attends Widener University Delaware Law School in Wilmington, DE, and received his BA degree from Rowan University in Glassboro, NJ. While pursuing his undergraduate degree, he was a Criminological Research Assistant at Rowan University.
meaning, reform-minded folks think it is, perhaps it is not the get-out-ofjail-free card that some talking heads have proposed. Police have been accused of using “loopholes” to escape civil liability for alleged violations of rights.1 These “loopholes” are described as legal doctrines “untethered from any statutory or historical justification,” with a principle purpose of “abetting constitutional violations,” and invalidating the very laws designed to protect civil liberties.2 There are those arol Rose, Here’s the police reform bill the ACLU C wants: Immunity for law enforcement must end, COMMONWEALTHMAAZINE.COM (Jul. 30, 2020), https://commonwealthmagazine.org/criminal-justice/heres-the-police-reform-bill-the-aclu-wants/. 2 Brief for the CATO Institute as Amicus Curiae at 4, 22, Baxter v. Bracey, 751 Fed. App’x 869 (6th Cir. 2019), cert. denied, 140 S. Ct. 1862 (2020); Ending Qualified Immunity Act, S. 4142, 116th CONGRESS, § 2(8) (2020). 1
17
who think civil-damages liability is a crucial tool for holding public officials accountable for rights violations because other means of oversight fail or are otherwise unavailable.3 They may be right, as it seems we in law enforcement often take action when it is our own bottom line that is threatened. Still, the profession throws the police into the unknown, where errors sometimes follow, and to monetarily punish officers for daring tread where others dare not, is not what the law demands. Mistakes are a natural part of the human condition, and as a result, almost every area of the law accounts 3
Brief of Cross-Ideological Groups Dedicated to Ensuring Official Accountability, Restoring the Public’s Trust In Law Enforcement, and Promoting the Rule of Law as Amicus Curiae at 12, Baxter v. Bracey, 751 Fed. App’x 869 (6th Cir. 2019), cert. denied, 140 S. Ct. 1862 (2020)
CONTINUED ON NEXT PAGE
WINTER 2020 BULLETIN
Legal Update for Law Enforcement
LEGAL UPDATE FOR LAW ENFORCEMENT
for them.4 Government officials are afforded protection from civil liability for these natural mistakes out of a concern that if subject to such liability, fear would prevent official’s from exercising the discretion necessary to fulfill their official obligations.5
PA CHIEFS OF POLICE ASSOCIATION
Qualified immunity is a legal defense protecting public officials, like police officers, from civil suits by private persons complaining of injuries inflicted by performance of an official duty.6 The defense is premised on the need to protect government officials’ ability to exercise discretion in the course of their work and to encourage the vigorous exercise of that discretion.7 The precious moments it would take for an officer to contemplate civil liability in the face of a resisting offender could cost the officer more than a civil damages award. Qualified immunity balances two important interests—the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably and in good faith, and the need to hold public official’s accountable in the rare case official power is used irresponsibly.8 A judge-made rule, qualified immunity has developed over the course of several United States Supreme Court opinions.9 These opinions have clarified and fine-tuned the contours of the immunity. The Court first discussed what would later turn into qualified immunity in the 1967 case, Pierson v. Ray.10 A police officer was See generally, Keith Rowley, To Err Is Human, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions, 104 MICH. L. REV. 1407 (2006). 5 Harlow v. Fitzgerald, 457 U.S. 800, 807 (1982). 6 Id. at 806-08. 7 Id. at 807. 8 I d. at 818-20. 9 P ierson v. Ray, 386 U.S. 547 (1967); Harlow, 457 U.S. 800; Malley v. Briggs, 475 U.S. 335 (1986); Anderson v. Creighton, 483 U.S. 635 (1987); Saucier v. Katz, 533 U.S. 194 (2001); Pearson v. Callahan, 555 U.S. 223 (2009). 10 386 U.S. 547. 4
Good faith is a nebulous, legal term of art referring to a person’s state of mind. Generally, an officer acts in good faith when the officer has honesty in their beliefs, exhibits a faithfulness to their professional duties and obligations, and acts without concealing or misrepresenting the truth.14 excused from civil liability where an arrest was made in good faith, with probable cause, and under a statute the officer reasonably believed to be valid, even though the statute was later declared unconstitutional.11 It is not reasonable, the Court recognized, to penalize an police officer for “failing to predict the future course of constitutional law.”12 Imposing civil liability would have required the officer to choose between two evils, "[a] policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause, and being [drowned] in damages if he does."13 Pierson established a good faith defense for police officers making arrests under unconstitutional statutes. So long as the officer was acting in good faith during the performance of his duties, the officer was entitled to immunity from civil liability. But good faith was not destined to rule the day, so please don’t stop reading now. An officer’s subjective intentions really have no place in a discussion of civil rights liability. Good faith is a nebulous, legal term of art referring to a person’s state of mind. P ierson, 386 U.S. at 557 (“We hold that the defense of good faith and probable cause, which the Court of Appeals found available to the officers in the common-law action for false arrest and imprisonment, is also available to them in the action under s 1983.”). 12 I d. 13 Id. at 555. 11
18
Generally, an officer acts in good faith when the officer has honesty in their beliefs, exhibits a faithfulness to their professional duties and obligations, and acts without concealing or misrepresenting the truth.14 Qualified immunity is a development of the good faith defense recognized in Pierson. Qualified immunity, as we know it today, is the result of the 1982 case, Harlow v. Fitzgerald.15 The Court abandoned the good faith inquiry and adopted an objective standard, under which government officials performing discretionary functions are shielded from civil liability insofar as their conduct does not violate “clearly established” rights of which a reasonable person would have known.16 The “objective inquiry” established in Harlow moves the focus of a court away from the officer at issue and to the hypothetical reasonable, or average, officer. It is not about what the specific officer knew, but what the reasonable or average officer would have known. This objective inquiry prevents the need for discovery or a trial, if everything goes as it should.17 If there is a material issue of fact, however, a real question as to whether things GOOD FAITH, Black's Law Dictionary (11th ed. 2019); ACTING IN GOOD FAITH, Black's Law Dictionary (11th ed. 2019). 15 457 U.S. 800. 16 Id. at 813. 17 Id. at 817. 14
LEGAL UPDATE FOR LAW ENFORCEMENT
Under Harlow, and in the context of police work, an officer can plead qualified immunity as an affirmative defense.18 Only when an officer violates a “clearly established” right is an officer subject to civil liability.19 Courts use the reasonable officer standard in determining whether a “clearly established” right has been violated.20 That is, if the average officer has knowledge a right would be violated by the officer’s conduct, the right is “clearly established,” and violation of that clearly established right would strip the officer of qualified immunity. Conversely, if the average officer would not have known a right would be violated by the officer’s conduct, the right is not “clearly established,” and the officer would be entitled to qualified immunity. Like the officer in Pierson, it is unreasonable to penalize an officer for failing to predict the legality of their conduct if a right is not “clearly established,” such that the average officer would have knowledge of the right’s existence. A specific officer cannot be responsible for violating a right the average officer does not know exists. Whether the reasonable, or average, officer has knowledge of a “clearly established” right is a question for the courts.21 For qualified immunity purposes, “’clearly established,’ means that at the time of the officer's conduct, the law was sufficiently clear that every reasonable official would understand that what he is doing is unlawful.”22 Plaintiffs can show their rights were “clearly established” by pointing to case law with indistinguishable facts, a broad Id. at 815. Id. at 818. 20 Anderson, 483 U.S. at 639. 21 D.C. v. Wesby, 138 S. Ct. 577 (2018). 22 Id. at 590. 18
19
principle within the Constitution, statute, or series of cases, or by alleging the officer’s conduct was so egregious that a constitutional right was clearly violated.23 The requirement is premised on the officer’s need for notice - notice of the existence of the right at issue. If the plaintiff can point to any of the examples above, the average officer would know of the right, and violation of the right would strip the specific officer of qualified immunity, regardless if the specific officer knew of the right or not. This is the effect of Harlow’s objective inquiry. This objective approach is also used in other areas of law, such as negligence. Given a difficulty in showing a right has been “clearly established,” courts should preserve an officer’s qualified immunity and dismiss the case against them.24 The social unrest concerning qualified immunity has reinvigorated debate and ignited calls for reform. In a recent study of 2000 Americans by The Cato Institute, nearly half (47%) of Americans say they’ve heard about qualified immunity and 69% of those Americans who know of the immunity are in favor of ending it.25 “Nearly 8 in 10 Americans (79%) say that if a police officer violates a person’s rights but was ‘unaware at the time that their actions were illegal’ they should be held accountable for that misconduct.”26 What this study demonstrates is that social commentary may be fueling the public’s understanding of qualified immunity. What this study does not show is whether those Americans who favor abolishing qualified immunity have a thorough understanding of the interests the immunity is designed to Id. See generally Wesby, 138 S. Ct. 577. 25 C ATO Institute, Cato Institute Summer 2020 National Survey, CATO.ORG (2020), available at: https://www.cato.org/publications/surveyreports/poll-63-americans-favor-eliminatingqualified-immunity-police (last visited Jul. 30, 2020). 26 Id. 23
24
19
serve. Regardless, the squeaky wheel gets the grease, and calls for reform press on, even at the highest levels of government. As a result, the “Ending Qualified Immunity Act” was introduced in the United States Senate on July 1st, 2020.27 Supporters of the federal legislation claim qualified immunity has frustrated current civil rights laws by shielding officers from civil liability.28 The legislation calls for the abolition of qualified immunity and would allow private citizens to sue officers regardless of the officer’s good faith.29 The proposed legislation also specifies, “[n]or shall it be a defense or immunity that the rights . . . secured by the Constitution or laws were not clearly established at the time of their deprivation . . . or that the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.”30 Senators in opposition to the Act express a willingness to reform qualified immunity, rather than abolish it completely.31 In its current state, the legislation is not likely to pass the senate.32 One must hope that the calmer heads rule the day, and our elected representatives recognize that one injustice, will not be overcome by another. The Supreme Court of the United States recently rejected a request to review the qualified immunity doctrine.33 In one of the Court’s denial of seven petitions for certiorari, Justice Clarence Thomas wrote separately to nding Qualified Immunity Act, S. 4142, 116th E CONGRESS (2020). 28 Id. 29 Id. 30 Id. 31 J amie Ehrlich, Democrats team for effort to end doctrine shielding police as GOP backs off, CNN. COM (Jul. 1, 2020 9:50 PM), https://www.cnn. com/2020/07/01/politics/qualified-immunitysenate-markey-warren-sanders/index.html. 32 Id. 33 Baxter v. Bracey, 140 S. Ct. 1862 (2020). 27
CONTINUED ON NEXT PAGE
WINTER 2020 BULLETIN
happened the way the plaintiff says, or how the defendants contend, then there will be no qualified immunity.
LEGAL UPDATE FOR LAW ENFORCEMENT
express his willingness to revisit the doctrine of qualified immunity. The case requesting review involved a Nashville police officer who unleashed a police dog on a suspect who was sitting on the ground with his hands in the air.34 Noting that federal civil rights laws gave individuals the right to sue state officers for damages as a remedy for violations of their constitutional rights, and that there “likely is no basis for the objective inquiry into clearly established law that our modern cases prescribe,” Thomas expressed “strong doubts”
PA CHIEFS OF POLICE ASSOCIATION
34
Baxter v. Bracey, 751 Fed. App’x 869 (6th Cir. 2019).
about the court’s current qualified immunity doctrine.35 In short, because there is no statute or regulation granting government officials qualified immunity, Justice Thomas is impliedly expressing doubts as to the doctrine’s constitutionality. Qualified immunity has become the hot topic of the day given the current socio-political climate. As Judge Theodore McKee of the United States Court of Appeals for the Third Circuit has said, “it’s better to light one candle, than to curse
35
Baxter, 140 S. Ct. 1862 (Thomas, J., dissenting)
the darkness.”36 Although this time is one fraught with civil unrest, there is some relief in knowing our country is one embodying resilience. It cares for those who care for it. Borrowing liberally from our Founding fathers: “Dissent is the truest form of patriotism” and we should listen to the voices of those seeking reform. But that is a two way street. Those calling for reform must recognize their own duty to listen to the other side, not just try to be the one shouting the loudest. The Constitution is there to protect all of us, not the least of which are the brave men and women of law enforcement. Be well and stay safe. 36
olicing, Protests, and the Constitution Part I, P Live at the National Constitution Center (Jun. 9, 2020), https://constitutioncenter.org/interactiveconstitution/media-library?live_podcast=yes.
Qualified immunity has become the hot topic of the day given the current socio-political climate. As Judge Theodore McKee of the United States Court of Appeals for the Third Circuit has said, “it’s better to light one candle, than to curse the darkness.”36 20
The Pennsylvania Chiefs of Police
TESTING PROGRAM
Are you hiring new officers or dispatchers? Are you planning an upcoming promotional process? Try these quality written examinations developed by Stanard & Associates, Inc. Exams are easy to administer, job-related, and affordable. • The National Police Officer Selection Test (POST) • The National Dispatcher Selection Test (NDST) • The National First and Second Line Supervisor Tests (NFLST/NSLST) • The National Detective/Investigator Test (NDIT) Ask about our Online Employment Application Service. To see a demo, please visit: www.ApplyToServe.com/appdemo
Contact the Pennsylvania Chiefs of Police Association at
717-236-1059 with any questions. For an order form, go to https://www.pachiefs.org/police-testing. Stanard & Associates, Inc. is a preferred corporate partner of the Pennsylvania Chiefs of Police Association. This program supports the PCPA.
LEGISLATIVE REPORT
LEGISLATIVE REPORT
PA CHIEFS OF POLICE ASSOCIATION
The following is a list of bills that have been introduced that are of interest to the Association. This list does not consist of all bills related to police and criminal justice matters, as there are numerous bills coming in on a weekly basis. If you have knowledge of a bill or questions, please contact Jerry Miller, jmiller@pachiefs.org or Scott Bohn at sbohn@pachiefs.org.
2222
LEGISLATIVE REPORT: WINTER 2020
HB 175
Klunk, Kate (R) Amends Title 53 (Municipalities Generally), in municipal police education and training, further providing for powers and duties of commission.
Remarks: municipal police education and training, further providing for powers and duties of commission and establishing the Police Department Grant Program; and making a related repeal. The bill establishes minimum standards for training police officers on domestic violence. The Pennsylvania State Police and county sheriff's offices shall be eligible for a grant for domestic violence training in order to fund the training required under section 2164(17). 53 Pa.C.S. 2172 Bill History: Set on the House Tabled Calendar 11-20-20 HB 303
Nelson, Eric (R) Amends Title 18 (Crimes and Offenses), in firearms and other dangerous articles, further providing for firearms not to be carried without a license.
Remarks: HB302 will create a process for citizens who needed temporary mental health treatment to restore their second amendment rights after demonstrating they are not a threat to themselves, or others, before a judge through an FBI-approved process. HB303 inserts federal firearm guidelines to replace our currently complicated laws for transporting a firearm. My goal is to enhance police officer safety during vehicle stops and enable law abiding citizens to more easily comply with transportation laws. Bill History: Set on the House Tabled Calendar 11-20-20 HB 432
Barrar, Stephen (R) Amends the Workers' Compensation Act, in interpretation and definitions, further providing for the definition of "occupational disease"; and, in liability and compensation, further providing for compensation for post-traumatic stress injury.
Remarks: bill adds that "occupational disease" includes post-traumatic stress injury, which is suffered by a police officer, firefighter or emergency medical services provider and caused by exposure to a traumatic event arising in the course of the provider's employment or, after four years or more of service, is caused by and related to the cumulative effect of psychological stress in the course of the provider's employment for the benefit and safety of the public. Bill History: Set on the House Calendar 11-20-20 HB 585
Kortz, Bill (D) Amends Title 18 (Crimes and Offenses), in inchoate crimes, further providing for prohibited offensive weapons.
Remarks: amends Section 908 of the Crimes Code to provide an exception to the offense of possessing an offensive weapon if a person possessed or deployed an electric or electronic incapacitation device for self-defense of the person or the person's property pursuant to Section 908.1 Bill History: Set on the House Tabled Calendar 11-20-20 HB 1066
Keller, Mark (R) Amends Title 18 (Crimes and Offenses), in firearms & other dangerous articles, providing for limitation on the regulation of firearms & ammunition; and, in preemptions, providing for regulation of firearms and ammunition.
Remarks: Prohibits local ordinances from contradicting state firearms laws. Bill History: Set on the House Tabled Calendar 11-20-20
23
CONTINUED ON NEXT PAGE
WINTER 2020 BULLETIN
Bills Tracked this Legislative Session to Date
LEGISLATIVE REPORT: WINTER 2020
HB 1805
Dowling, Matthew (R) Amends Title 18 (Crimes and Offenses), in inchoate crimes, further providing for the offense of use or possession of electric or electronic incapacitation device.
Remarks: would allow people to own the incapacitation device if the label has been worn off, removed or not on the device without fear of legal ramifications Bill History: Set on the House Tabled Calendar 11-20-20 HB 1851
Stephens, Todd (R) Amends Title 42 (Judiciary), in sentencing, further providing for sentences for offenses committed with firearms and providing for sentences for persons not to possess, use, manufacture, control, sell or transfer firearms.
Remarks: establishing a five-year mandatory minimum sentence when during an offense a firearm is possessed illegally, designating the crime of a felon illegally possessing a firearm as a crime of violence, and allowing for second and third strike provisions for repeat offenders. Bill History: Set on the House Calendar 11-20-20 HB 1881
Kauffman, Rob (R) Amends the Public School Code, in school security, further providing for school police officers powers and duties.
Remarks: Amends the Public School Code providing a school police officer appointed under section 1320-C(b) shall have the power, if authorized by the court, to exercise the same powers as exercised under authority of law or ordinance by the police of the municipality in which the school property is located. This shall not apply to an individual provided through a third-party vendor. Bill History: Set on the House Calendar 11-20-20 HB 2440
Kortz, Bill (D) Act providing for the designation of shooting ranges, sportsman clubs, hunting facilities and business relating to the sale of production of firearms and ammunition as life-sustaining.
Remarks: provides all outdoor sportsman clubs that choose to remain open during the COVID-19 emergency shall impose social distancing and mask requirements, only permit five shooters in each range at a time and close clubhouses associated with the outdoor sportsman club. Effective immediately. Bill History: S Final Passage (Vote Y: 29/N: 20) 11-18-20 Signed in the House
11-19-20
Signed in the Senate 11-19-20 In the hands of the Governor 11-19-20 Last day for Governor's action 11-29-20
PA CHIEFS OF POLICE ASSOCIATION
SB 607
Scavello, Mario (R) Amends Title 75 (Vehicles), in rules of the road in general, further providing for speed timing devices.
Companions: HB 1686 Mehaffie, Thomas (Identical) Remarks: Amends Title 75 (Vehicles),providing that any police officer may use an electronic speed meter, radar or light detection and ranging devices upon approval by local ordinance and completion of training requirements. Provides for a revenue cap on the amount of money a municipality may keep from speeding tickets and calibration standards for radar guns. Bill History: Set on the House Calendar 11-20-20 SB 1085
Blake, John (D) Amends Title 18 (Crimes and Offenses), in obstructing governmental operations, providing for the offense of evading arrest or detention on foot.
Remarks: Evading Arrest or Detention by Foot in response to the tragic death of Officer John Wilding of the Scranton Police Department. In July 2015, Officer Wilding fell to his death while chasing three teenagers suspected of armed robbery. Bill History: Set on the Senate Calendar
11-20-20 24
LEGISLATIVE REPORT: WINTER 2020
ACT 4
Feb. 5
SB 692
Effective in 60 days
Amends Title 8 (Boroughs and Incorporated Towns) and 11 (Cities) providing no real estate owned by a borough or city may be sold for consideration in excess of $6,000 instead of the current $1,500 limit except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction. Requires a borough or city council, prior to selling real estate valued at $6,000 or less without advertisement or competitive bidding, to make a public announcement of the council's intention to sell the real estate at a regular or special meeting of the council at least 30 days prior to the sale. ACT 32
June 5
SB 275
Effective in 60 days
Amends Titles 18 (Crimes & Offenses), 23 (Domestic Relations), & 42 (Judiciary), in assault, further providing for the offense of stalking; in wiretapping and electronic surveillance, further providing for definitions; in child custody, further providing for consideration of criminal conviction; in domestic and sexual violence victim address confidentiality, further providing for penalties; and, in sentencing, further providing for sentences for second and subsequent offenses. The bill establishes a second or subsequent offense under this section of a first offense under subsection (a) if the person has previously been convicted of a crime of violence involving the same victim, family or household member, including a violation relating to strangulation. ACT 53 July 1 SB 637
Certain portions effective in 180 days; Remainder effective immediately
Amends Titles 18 (Crimes and Offenses) and 63 (Professions and Occupations (State Licensed)), in criminal history record information, providing additional provisions for a licensing board or licensing commission for use of records by licensing agencies; establishing investigatory subpoena power for disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission along with reporting requirements of sanctions and criminal proceedings and provisions regarding hearing examiners, suspension, additional powers of the commissioner of the Bureau of Professional And Occupational Affairs, civil penalties, confidentiality, restricted licenses, consideration of criminal convictions, juvenile adjudications, preliminary determinations by licensing boards and commissions, best practices guide and a list of criminal offenses; consolidating the provisions of Act 48 of 1993; and making a related repeal. ACT 57
July 14
HB 1841
Effective immediately
Amends Title 44 (Law and Justice) establishing chapter 73 for law enforcement background investigations and employment information. Requires an employer to disclose employment information to a law enforcement agency that is conducting a background investigation of an applicant, and to permit a court to compel the release of such employment information if the employer fails to comply. The legislation also provides that the applicant's previous employers will not be civilly liable for sharing employment information in good faith with a police department looking to hire a new officer. Creates a repository in the Municipal Police Officers' Education and Training Commission for records of law enforcement officers, including sheriffs, under the definition of peace officer. Provides recordkeeping requirements. ACT 59
July 14
HB 1910
Effective immediately
Amends Title 42 (Judiciary and Judicial Procedure), 44 (Law and Justice) and 53 (Municipalities Generally), in selection and retention of judicial officers, providing every magisterial district judge shall complete a continuing education program each year which includes one course on the identification and reporting of suspected child abuse and court proceedings involving children; in other officers, establishing mental health evaluations for law enforcement officers; and, in employees, providing the Municipal Police Officers' Education and Training Commission with the powers and duties to train police officers to recognize and report suspected child abuse, and establishing the efficacy of conducting forensic interviewing of victims of child abuse within the setting of a children's advocacy center.
CONTINUED ON NEXT PAGE
25
WINTER 2020 BULLETIN
Tracked Bills that became Law for 2020
LEGISLATIVE REPORT: WINTER 2020
ACT 63
July 23
HB 256 Effective in 60 days
Amends Title 18 (Crimes and Offenses), in assault, further providing for an offense of assault by a prisoner against a detention facility or correctional facility employee with a deadly weapon instrument, or by any means to produce bodily injury; in sexual offenses, providing for the offense of institutional sexual assault; and in registration of sexual offenders, providing for sexual offenses and tier system. Provides for a first degree felony committed to any local or county detention facility, jail or prison or any penal or correctional institution commits assault upon an employee with a deadly weapon or instrument or by any means or force likely to produce serious bodily injury. 69 July 23 HB 1459
Addition of 35 PA.C.S. 75a02(b) effective in 180 days; remainder effective immediately
Amends Title 35 (Health and Safety) adding a chapter providing for emergency responder mental wellness and stress management; in general provisions relating to emergency management services, reestablishing the definition of person; establishing the Statewide Critical Incident Stress Management Program; providing for duties of the secretary of health and the Department of Health; in miscellaneous provisions, providing civil liability immunity for any commonwealth agency and providing deployment protections for any person who is temporarily deployed by the commonwealth or who provides equipment for the purposes of emergency services activities; and, in emergency medical services system, providing 25 percent of money in the Emergency Medical Services Operating Fund to be allocated for victims of trauma and to carry out provisions related to emergency responder mental wellness and stress management. Provides a new definition for post-traumatic stress injury. 95
Oct. 29
HB 1984
Effective in 60 days
Amends Title 23 (Domestic Relations), in proceedings prior to petition to adopt, establishing special provisions regarding terminating parental rights when a child was conceived as a result of rape or incest. 104
Oct. 29
SB 1076
Effective immediately
Amends Title 51 (Military Affairs), in military leave of absence, further providing for military family relief assistance. Reenacts the Military Family Relief Assistance Program and reestablishes the Military Family Relief Assistance Fund as a restricted revenue account within the General Fund.
PA CHIEFS OF POLICE ASSOCIATION
112
Nov. 3
SB 1110
Effective immediately
Amends the Disease Prevention and Control Law providing the definition of aerosolized transmission and that during a disaster emergency issued by the governor based upon a communicable disease, an administrator of a health care facility or a personal care home who has knowledge that a patient or resident is suffering from a communicable disease related to the disaster emergency shall make a prompt report of the disease in the manner prescribed by regulation to the local board or department of health which serves the municipality where the patient or resident resides or to the department if so provided by regulation; and establishing confidentiality provisions during disaster emergency. Provides upon a disaster emergency related to a communicable disease infection through aerosolized transmission and continuing 60 days after the expiration or termination, the Department of Health or local boards or departments of health shall release, within 24 hours of receiving information of a confirmed case, the address of the confirmed case to a public safety answering point. Provides the public safety answering point shall provide the address to law enforcement officers, fire department personnel, emergency medical services personnel, coroners and medical examiners if performing an essential job function. Provides restrictions on personal information obtained by officers, personnel, coroners and examiners. Provides the department may disclose additional information determined to be essential to protecting public health and safety.
26
Pennsylvania Chiefs of Police Association
108 Annual Education & Training Conference th
July 18 – 21, 2021
Kalahari Resorts and Conventions – Pocono Mountains Adventure seekers will be amazed when they set their eyes on America’s largest indoor waterpark. Join us in the Poconos for an experience you and your family will never forget. •9 77 Guest Rooms & Suites •A merica’s Largest Indoor Waterpark - 220,000 square feet •2 30,000 square feet of flexible meeting space for conventions and events •D ining options include Double Cut Charcoal Grill, Sortino’s Italian Kitchen, B-Lux Bar and Grill, the Great Karoo Marketplace Buffet, Ivory Coast Restaurant, Felix’s Bar and The Last Bite Candy & Ice Cream Shoppe
Great getaway for you and What to expect at the 2021 your family on Father’s Conference: Day weekend! • Powerful Education & Training Presentations You and your family will never have a dull moment with the rides, slides and pools in America’s largest indoor waterpark! Play away the days with family and friends, and rest in well-appointed guestrooms and suites. Enjoy an extreme Family Entertainment Center and arcade, full-service spa, fitness center, restaurants, retail shops and much more all under one roof. 3905 North Front Street Harrisburg, PA 17110 717-236-1059
250 Kalahari Boulevard Pocono Manor, PA 18349 1-877-KALAHARI
• Exciting Exhibitions • Accreditation • Annual General Association Meeting • Annual Installation Banquet & Reception • Great Networking Opportunities • Live Entertainment • Hospitality Every Night • President’s Reception & Dinner • Raffle Drawings • Activities & Special Events for Spouses & Children • Great Memories!
PCPA Conference information & registration is available at www.pachiefs.org. For questions, please contact: Marcia at mnixon@pachiefs.org or 717-236-1059 ext. 106
THE U.S. DEPARTMENT OF JUSTICE STANDARDS FOR CERTIFICATION ON SAFE POLICING FOR COMMUNITIES
The U.S. Department of Justice
Standards for Certification on Safe Policing for Communities By: Scott L. Bohn, Executive Director, Pennsylvania Chiefs of Police Association
Through President Donald J. Trump’s Executive Order No. 13929, the U.S. Attorney General, as appropriate and consistent with applicable law, will allocate Department of Justice discretionary grant funding only to state, local, tribal, and university or college law enforcement agencies that have obtained (or are in the process of seeking) credentials certifying that they meet certain mandatory standards for safe policing, to be set by the U.S. Attorney General.
PA CHIEFS OF POLICE ASSOCIATION
The United States Attorney General has appointed The Pennsylvania Chiefs of Police Association to be the” Independent Credentialing Body” for the Commonwealth under the standards for certification on safe policing for safe communities. As the Commonwealth credentialing body, the Association will be processing requests from any law enforcement agencies who would like to become certified in this program. The certification program is a basic one. The first thing to know is the program is NOT mandatory. Only agencies who apply for discretionary federal grant funds will need to be certified. If you apply for a federal grant of any kind, you need to be certified. If you are unsure if you will need to be certified, get certified, just in case. If you want to become a certified agency, contact Andrea Sullivan at asullivan@pachiefs.org if you would like to get started in the certification process. She will email a letter template for you to print on your agency letterhead. Be sure to complete the appropriate information, sign and return it to her at asullivan@ pachiefs.org. Please understand we cannot accept any letters that are incomplete and/or not on agency letterhead. The signature must be your handwritten signature. These are DOJ requirements. If you fail to comply with these requirements, the letter will be returned to you.
Only agencies who apply for discretionary federal grant funds will need to be certified. If you apply for a federal grant of any kind, you need to be certified. If you are unsure if you will need to be certified, get certified, just in case. There is some confusion over which letter template you should use in this request. A few agencies, including the DOJ, are sending out or posting templates that we are NOT accepting. The ONLY template we will accept is the one PCPA will send to you. This template letter asks you to do a self-assessment of your agency’s “use of force” policy. There are 2 mandatory conditions that you must have in your policy: • The policy must adhere to all applicable federal, state, and local laws. • Prohibits the use of choke holds, except where the use of deadly force is allowed by law. You will also see 12 discretionary conditions with check blocks. When completing the form, check only the blocks
28
THE U.S. DEPARTMENT OF JUSTICE STANDARDS FOR CERTIFICATION ON SAFE POLICING FOR COMMUNITIES WINTER 2020 BULLETIN
that apply to you. If you cannot check all the blocks, it is not a problem. These blocks are discretionary and will not negatively affect your request for certification. When we receive a correctly completed letter, your agency will receive a confirmation letter from PCPA indicating you have been certified. We will then place your agency information on a spreadsheet and forward it to the DOJ. That is all there is to it. Please go to www.pachiefs.org for further information. I. Definitions APPLYING LAW ENFORCEMENT AGENCY or APPLYING AGENCY: A state, local, tribal, or university or college law enforcement agency seeking certification from an independent credentialing body pursuant to Section 2 of Executive Order No. 13929 and Part II of this document. An applying law enforcement agency shall also include any state, local, tribal, or university or college law enforcement agency whose head of agency affirms that: (a) the requirements of Section 2 of Executive Order No. 13929 and Part II of this document
are met; and (b) his agency has affirmatively sought certification from an independent credentialing body. (PCPA- Pennsylvania Law Enforcement Accreditation Commission). CERTIFIED LAW ENFORCEMENT AGENCY: A state, local, tribal, or university or college law enforcement agency which an independent credentialing body has certified meets the criteria set forth in Part II of this document. CHOKE HOLD: A physical maneuver or technique that restricts an individual’s ability to breathe for the purpose of incapacitation. DEADLY FORCE: Any use of force that creates a substantial risk of causing death or serious bodily injury, consistent with U.S. Supreme Court precedent. INDEPENDENT CREDENTIALING BODY: A regionally or nationally recognized non-profit, for-profit, government entity, or other law enforcement accreditation entity that the U.S. Attorney General, in his sole discretion, determines to be: (i) independent; (ii) reputable; (iii) in the business of establishing law enforcement CONTINUED ON NEXT PAGE
29
THE U.S. DEPARTMENT OF JUSTICE STANDARDS FOR CERTIFICATION ON SAFE POLICING FOR COMMUNITIES
Beginning in 2021, on or before January 31 of each year, independent credentialing bodies must provide the names of each certified law enforcement agency to the Director of the COPS Office or his delegate.
TRAINING PROTOCOLS: The method and manner by which law enforcement personnel are trained on preferred practices, legal, and constitutional requirements. WARNING SHOT: The intentional discharge of a firearm for the purpose of warning or seeking compliance from an individual, but not intended to cause physical injury. II. Safe Policing Principles that Independent Credentialing Bodies Must Consider When Assessing Certification of Applying Law Enforcement Agencies Pursuant to Section 2 of Executive Order No. 13929, an independent credentialing body shall certify an applying law enforcement agency if the independent credentialing body determines — or, within the past 36 months, has already determined — that the following two conditions have been met: A. Adherence to Applicable Laws
standards; and (iv) capable of certifying compliance with Section 2 of Executive Order No. 13929 and Part II of this document. Independent credentialing bodies include, inter alia, any state law enforcement accrediting body and peace officer standards and training (POST) commission.1 LAW ENFORCEMENT OFFICER: A state, local, tribal, or university or college employee or volunteer who is licensed under applicable state law or certified by an applicable POST commission.
PA CHIEFS OF POLICE ASSOCIATION
NO-KNOCK WARRANT: A warrant where a judge or magistrate, upon cause shown in the warrant application, specifically authorizes that the warrant may be executed in a “no knock-and-announce” fashion. OBJECTIVELY REASONABLE: The determination that the decision to use force, and the level of force used, is what a reasonable and prudent officer would use under the same or similar situations based upon the officer’s evaluation of the situation, experience, training, and the totality of the circumstances known to or believed to exist by the officer at the time the force is used and is consistent with U.S. Supreme Court precedent. POLICY or POLICIES: A deliberate system of principles intended to guide agency decision-making. PROCEDURES: The manner of implementing policies. SERIOUS BODILY INJURY: Injury that involves a substantial risk of death, protracted and obvious disfigurement, or extended loss or impairment of the function of a body part or organ. 1
A pplying agencies denied certification by an independent credentialing body (PCPA) may make an appeal to the Deputy Attorney General for review and relief.
The applying agency maintains use of force policies that adhere to all applicable federal, state, and local laws. B. Prohibition of Choke Holds The applying agency maintains use of force policies that prohibit the use of choke holds, except in situations where the use of deadly force is allowed by law. After the independent credentialing body confirms that the requirements in Part II of this document are met, the independent credentialing body must include the applying law enforcement agency within its database of certified law enforcement agencies. Beginning in 2021, on or before January 31 of each year, independent credentialing bodies must provide the names of each certified law enforcement agency to the Director of the COPS Office or his delegate. Each certified law enforcement agency is qualified to receive U.S Department of Justice discretionary grants for up to (i) 36 months from the date of its most recent certification by an independent credentialing body, or (ii) the lifecycle of any discretionary grant awarded, whichever option is longer. III. Safe Policing Principles that Independent Credentialing Bodies Should Consider When Assessing Certification of Applying Law Enforcement Agencies Pursuant to Section 2 of Executive Order No. 13929, the following safe policing principles will aid in law enforcement’s continued self-assessment of its own policies and training on use of force and de-escalation techniques, performance management tools, and community engagement. Accordingly, in assessing whether to certify an applying law enforcement agency, an independent credentialing body should — but is not required to — consider whether the applying agency
30
THE U.S. DEPARTMENT OF JUSTICE STANDARDS FOR CERTIFICATION ON SAFE POLICING FOR COMMUNITIES
A. Use of Force and De-escalation Techniques
services, and/or arranging for transportation to a medical facility. v. Warn Before Shooting
i. Termination of Use of Force The applying agency should maintain use of force policies and procedures that address when force against individuals who fail to comply with lawful commands should terminate, including the following requirement: when it is objectively reasonable that a subject is fully in law enforcement’s control, then the force must terminate. ii. Duty to Intervene The applying agency should maintain policies and procedures that include the duty and obligation to intervene to prevent or stop the known and apparent use of excessive force by another officer when it is objectively reasonable to do so. An agency’s duty to intervene policy may be memorialized separately from the agency’s use of force policies. iii. Training Protocols on Use of Force and DeEscalation The applying agency should maintain training protocols that adhere to, or exceed, any applicable state laws to become, and remain in good standing as, law enforcement officers. The applying agency’s training protocols should include substantive instruction on the agency’s use of force policies and procedures, de-escalation techniques, and related legal updates. iv. Appropriate Medical Care The applying agency should maintain policies and procedures that address when it is appropriate for an officer to provide medical care consistent with his training to any individual. Medical care may include providing basic first aid, requesting emergency medical
The applying agency should implement community engagement plans that address the particular needs of the community being served.
The applying agency should maintain use of force policies and procedures that encourage personnel — circumstances permitting and when reasonably practical — to identify themselves as law enforcement officers and to give verbal warning of their intent to use deadly force. vi. Shooting at or from a Moving Vehicle The applying agency should maintain use of force policies and procedures regarding shooting at or from a moving vehicle. vii. Warning Shots The applying agency should maintain policies and procedures regarding warning shots. viii. No-Knock Warrant The applying agency should maintain policies and procedures regarding the use and execution of no-knock warrants. B. Performance Management Tools
i. Early Intervention Systems
The applying agency should strive to routinely conduct internal audits of their policies, procedures, and training protocols, as well as officer safety and wellness programs or initiatives. Where resources permit, the applying agency should maintain human resource policies and procedures that aid in the development of human capital, protect due process for officers, and encourage the identification and assistance of law enforcement personnel who are becoming, or likely to become, at risk to violate use of force or other agency policies or procedures.
ii. Hiring of Personnel
The applying agency should maintain policies, procedures, and training protocols to hire and promote only those employees, or others (such as independent contractors), who are the best available candidates for a position according to the accepted standards of objectivity and merit. C. Community Engagement The applying agency should implement community engagement plans that address the particular needs of the community being served. The implementation plans may be memorialized separately from the agency’s use of force policies.
31
WINTER 2020 BULLETIN
incorporates the following safe policing principles within its policies and procedures:
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION AND FIGHT CRIME: INVEST IN KIDS – A TWENTY YEAR PARTNERSHIP
Pennsylvania Chiefs of Police Association and Fight Crime: Invest in Kids – A Twenty Year Partnership By: Bruce R. Clash
PA CHIEFS OF POLICE ASSOCIATION
Pennsylvania law enforcement leaders have a long history of supporting prevention initiatives that reduce crime and violence. For two decades, Fight Crime: Invest in Kids is grateful to have partnered with the Pennsylvania Chiefs of Police Association to advocate for public investments in research-based programs that help get children off to a strong start in life and are proven to help break the generational cycles of poverty, low educational attainment and criminal involvement.
Bruce Clash has been the Pennsylvania State Director of Fight Crime: Invest in Kids since January 2001. The statewide organization is based in Harrisburg. He can be reached at (o) 717-303-5200 or at bclash@fightcrime.org. Visit online at www. strongnation.org/fightcrime
Bruce Clash
Fight Crime: Invest in Kids is a national, bipartisan, anti-crime organization with a membership of more than 5,000 police chiefs, district attorneys, sheriffs and other law enforcement leaders
nationwide — including over 140 Pennsylvania police chiefs and two-thirds of Pennsylvania’s district attorneys and sheriffs. We are especially grateful to PCPA Executive Director Scott
Partnership Invitation Are you a police chief who is not yet a member of Fight Crime: Invest in Kids? It would be a privilege to have you as our crime prevention partner. Membership is free (we are philanthropically funded) and does not carry any time commitment. The extent of your involvement and whether you respond to our occasional action alerts, media event or other opportunities is totally up to you. Please email bclash@fightcrime.org for more information and a membership invitation packet.
32
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION AND FIGHT CRIME: INVEST IN KIDS – A TWENTY YEAR PARTNERSHIP
Bohn, who is our longest-tenured Pennsylvania member having joined Fight Crime: Invest in Kids as West Chester Borough Police Chief in June 2000! As law enforcement leaders, you are tough on crime, determined to see criminals arrested and justice served. But you also know that our state and nation need to be smart on crime by investing in evidence-based programs that help at-risk kids get the right start so they never become criminals in the first place. These include early childhood programs like high-
quality pre-kindergarten and child care that helps prepare at-risk kids for school success and graduation; evidence-based voluntary home visiting that prevents child abuse and neglect, helps parents engage constructively with their children and put families on paths to selfsufficiency; and programs that help troubled kids get back on track. Fight Crime: Invest in Kids works to help policy makers; the media and the public understand through compelling scientific evidence and your front-line experience
33
that strategic investments in at-risk children and families are critical to our efforts to keep our communities safe, steer at-risk kids toward productive lives and ultimately save taxpayer dollars. We do this work by partnering with our members in conducting legislator meetings, press conferences, earned media, report releases, community roundtable events and other engagement with policymakers and the media. Thank you PCPA and all our law enforcement leader members for your deeply-valued partnership!
WINTER 2020 BULLETIN
Fight Crime: Invest in Kids members Chief Albert Walker (Hanover Twp.—next to podium), Chief James Balavage (Jackson Twp.), and Chief Royce Engler (Wright Twp.—far right) join Bruce Clash and PA Corrections Secretary John Wetzel (speaking) at SCI Dallas in Luzerne County in 2018 to underscore the importance of highquality pre-k for at-risk kids to help put them on paths to success and keep them out of the criminal justice system.
THE STATE OF RECRUITMENT: A CRISIS FOR LAW ENFORCEMENT
The State of Recruitment: A Crisis for Law Enforcement Results of a recruitment survey performed by the IACP (www.theiacp.org) and new and hopeful efforts by Pennsylvania Police Agencies By: Greg Bean, Consulting Services Coordinator, Pennsylvania Chiefs of Police Association
THE STUDY
Reasons for the Hiring Crisis
The policing profession has always been challenging. 2020 has propelled this challenge into the stratosphere. It should be no surprise that the number of candidates for this job in Pennsylvania and throughout the country is falling. A recent survey by the International Association of Chiefs of Police has provided some insight as to the problems and what some agencies are doing about it. Our Pennsylvania agencies are also changing the way they do business in order to supplement our ranks. Some examples of how we are changing will be discussed.
Millennials and Generation Z – (High school to late 30’s)
First, the results of the survey. By the numbers:
PA CHIEFS OF POLICE ASSOCIATION
78% of police agencies are having difficulty recruiting. The recent headlines are not helping and we need to do something to combat our current trends. 50% of police agencies are amending their current policies in an effort to increase their chances of getting qualified applicants 25% of agencies are reducing services due to staffing difficulties. Overwork of current officers has its own concerns
More difficult to attract this age group due to: - Time-off is more important than previous workers - Leaving or changing jobs is more common with this segment of employees Negative Public Perception Studies show that many young people view the police profession differently than their parents did. Hiring Process Challenges Background checks have been a huge barrier If we don’t do something soon…
Less officers on the streets means:
- Longer wait times for calls
- Fewer crimes solved
- Overworked and stressed officers will threaten quality of policing
The policing profession has always been challenging. 2020 has propelled this challenge into the stratosphere. 34
THE STATE OF RECRUITMENT: A CRISIS FOR LAW ENFORCEMENT WINTER 2020 BULLETIN
What areas show promise?
Changing policies to lower certain standards does come with risks. Agencies should assess where their largest barriers to recruitment lie and see if they can be revised.
Innovative Hiring Processes New Approach for Recruitment Incentive for Employees – where it matters Police Agencies across the U.S. have begun new strategies Ride-along and civilian police academies for college students and other potential candidates can grow interest and attract valuable candidates. This also helps avoid turnover of new candidates as it provides meaningful experiences which helps candidates understand the profession better. Enhance the Process and Relax Candidate Disqualifiers. Some agencies have taken to evaluating current policies that could be creating an initial barrier to applicants, such as a no-tattoo policy. Other policies, like strictly disqualifying anyone with past use of controlled substances, are also starting to be reconsidered. As states begin to decriminalize marijuana, some executives realize that years-old drug use is less indicative of what can make a good police officer.
Recruiting processes that last 4- 12 months often lose the candidate before conclusion. Stay in contact with the candidate during the process to bolster their interest. Changes in work hours will allow some to join your PD. Some agencies have offered part-time officer positions to entice female recruits who are balancing motherhood with work. In 2019, the Metropolitan Police Service in London allowed constables to choose between P/T or F/T service. Longer shifts allow employees more days off. Agencies are offering more flexible full-time schedules when possible and easier ways to get time off. These initiatives are all attractive to the today’s recruits. Web site dedicated just for recruiting. Agencies can clearly list employment criteria, testing dates, and let the community know when CONTINUED ON NEXT PAGE
35
THE STATE OF RECRUITMENT: A CRISIS FOR LAW ENFORCEMENT
recruiting events are taking place. The sites often include a list of “frequently asked questions” for potential applicants. Having a recruiting website not only improves transparency and communication within the hiring process, but it may even take some of the daily burden off HR or the officer in charge of the process.
entry-level written tests. 124 of their applicants met diversity targets for women and minorities. These diversity numbers alone exceeded the normal amount of applications received by Chambersburg PD. Their efforts included:
1) A Recruitment Team – (3) volunteer officers pieced together their ideas. After the applications were received, this team then developed relationships with the candidates throughout the hiring process. The officers were not reassigned for this detail but instead found time to send emails and make phone calls during their regular shifts.
2) Advertising and Social Media – The department’s website was used to get the word out along with social media platforms (Indeed and PoliceApp). Ads were placed in newspapers and affiliated websites, billboards were used throughout Pennsylvania, Maryland, and West Virginia. Support from the advertising entities allowed for free or very little expense for these advertising methods.
It’s the little things that can retain good Officers. Increasing salaries may be a tough but… - expanded clothing allowances - Casual uniform options (E.G. polo shirts where appropriate) - Take home vehicle program UPDATED Recruitment Programs. Agencies are rethinking trying to sell our profession as only involved with tactical type calls. More real day-to-day aspects of the job may be helpful. Showing calls such as assisting with mental health scenarios, substance abuse, homelessness, and even changing a tire, can provide a clearer picture of what we do. Talk to your officers. Find out where they suggest that you can find qualified recruits. Ensure that each of your officers is a recruiter. What PENNSYLVANIA is doing
PA CHIEFS OF POLICE ASSOCIATION
In our State, a growing number of agencies have begun to hire recruits prior to obtaining their Act 120 certification. Three (3) departments in the last 90 days who have advertised with PCPA, have changed their policies. This will require the agency to pay for the academy (often reimbursed by the State) and their salary for the sixmonth period. The results seem worthwhile as agencies are reporting a larger pool of applicants and a more racially diverse talent pool. Chief Ron Camacho and his staff at the Chambersburg Police Department in Franklin County, realized two years ago that the wanted to be more aggressive in hiring quality and diverse candidates. Their new and fresh approach at a time of COVID -19 and anti-law enforcement sentiment, has made a big difference. A recent article written by Sgt. John Greenawalt, outlined their efforts. Their application period ended in the beginning of November and their efforts have paid off so far. The PCPA received their order for 308
3) Seeking Diverse Candidates was Important – The CPD advertisements made it clear that the department was encouraging women and minorities to apply. Ads in “Diversity Magazine” were used, college campuses were targeted, and relationships with diverse churches in the Chambersburg area became more important than ever.
4) Community Policing Concepts were Integral in their Efforts – Relationships and partnerships in their community helped build a solid pool of applicants.
The entire article on the Chambersburg Police recruiting efforts is available at the following link: www.pachiefs.org/recruitingqualitycandidatescpd In next month’s Bulletin, we will publish the results of the second half of the Chambersburg PD’s efforts at recruiting; background and hiring. If you have some ideas or thoughts regarding ways to improve recruitment, things that have worked, or not, please share and send to: Greg Bean Consulting Services Coordinator gbean@pachiefs.org 717.236.1059 x 107
36
ONE TEAM, ONE MISSION: COMMITTED TO PUBLIC SAFETY PROFESSIONALISM WINTER 2020 BULLETIN
America’s largest and most experienced law enforcement accreditation consulting company is proud to be working with the Pennsylvania Chiefs of Police Association in bringing our suite of services to the law enforcement community in the Keystone State. Our holistic business model includes distributing the PowerDMS system throughout the state, developing customized policies for your department and assisting your agency in gathering the appropriate proofs of compliance required by the accrediting body. To date we have directly assisted in excess of one hundred fifty (150) law enforcement agencies succeed in their goal of becoming accredited. We have recently expanded our team to include two respected members of the Pennsylvania law enforcement accreditation community to help us, help you. Leading our growing efforts in Pennsylvania are Officer Madeline Lewis of the Lower Merion Township Police Department (Montgomery County) and Mrs. Jennifer Ruggeri of the Newtown Township Police Department (Delaware County); both have led their agencies to PLEAC and CALEA accreditation. Madeline may be contacted by emailing her at MLewis@Rodgersgroupllc.com and Jenn can be reached at JRuggeri@Rodgersgroupllc.com To learn more about The Rodgers Group and how we can assist your agency meet its accreditation goals, please visit our website at www.Rodgersgroupllc.com or email us at Info@ Rodgersgroupllc.com
37
SMILE, YOU'RE ON CAMERA
Smile, You're On Camera
PA CHIEFS OF POLICE ASSOCIATION
By: David J. MacMain, MacMain Connell & Leinhauser, LLC
In this age of body-worn-cameras, security cameras outside of businesses and homes, cell-phones, social media and thousands of news media of all forms vying for the ‘big story’ or a ‘new angle,’ police officers are under a microscope in all they do and say – both while performing their job, and even in their private life. As a former police officer turned lawyer who defends and counsel law enforcement all over the country, and as the proud father of a young police officer, I advise my clients to assume that absolutely nothing you do on the job is a secret from the outside world, and it is likely to be captured in whole or in part by some form of audio and/or video. What’s more, it is not safe to assume that what you do in your private life is private – it often is not. As the news media – both legitimate and fringe – has shown in recent years, there is an insatiable appetite for ‘bad cop’ stories . . . ‘good cop’ stories – not so much. Further, in the crucible of litigation the net is often wide and deep as to what is ‘discoverable’. Courts often afford great latitude to allow plaintiffs (and indirectly the public) to explore the
David J. MacMain is the Managing Partner of MacMain Connell & Leinhauser, LLC in West Chester, Pennsylvania. www.macmainlaw. com. David is a former Pennsylvania State Trooper who has been representing law enforcement agencies and officers for over 30 years. He defends high-profile law enforcement and corrections cases throughout the country and has successfully tried over 150 jury trials. He can be reached at dmacmain@macmainlaw.com or 484-318-7703. David J. MacMain
Defendant officer’s background, public social media, organizations, and cellphones. An early and prominent example of this is the O.J. Simpson criminal trial in which the defense attacked Detective Mark Fuhrman not so much on his efforts in the murder investigation, but on his racist musings as captured on audio tapes. In recent years, the criminal defense bar has offered continuing legal education courses on how to mine nuggets to attack the arresting officer’s credibility from personnel files, social media and the like. Finally, I have seen in the §1983 federal civil rights cases that I defend for police officers all over the country, examples of how bad or questionable behavior by officers – perhaps wholly unrelated to the
38
case and issue at hand - can shape and overwhelm the incident and cause embarrassment to the officer and department. This article is intended to cover and prevent the kinds of things that police officers and administrators need to be mindful of and avoid at all costs. VIDEO – THE GOOD, THE BAD AND THE UGLY Many citizen-police interactions are captured in whole or in part by some kind of video, and in some instances, by multiple sources. These can range from dash-cams, to body-cameras, to cellphones, to business security cameras, to drones. These recording can be ‘good’ and absolve the officer of any wrongdoing and lend support for criminal charges of the
SMILE, YOU'RE ON CAMERA
It was a good thing when the officers I was defending in a civil suit had a holding cell video of the plaintiff/arrestee who was claiming he did nothing wrong to warrant his arrest and resulting use of force, apologizing to them for his stupid behavior on the streets and that ‘he deserved to get his a** whooped.’ It was good thing when the Plaintiff/ wife, who claimed in the later litigation that responding officers overreacted to her 911 domestic
lawsuits, disproven allegations of misconduct, and helped secure guilty pleas and convictions. It was more bad, than good when an iPhone video captured the shooting of a man confined to a wheelchair, or an officer kicking a suspect in the face who was on his knees with hands raised. I say more bad, than good because the snippet showing the use of force, as broadcast all over the local and national news, looked bad and painted the officers in a bad light. However, the portions of the incident that proceeded each of this video snippets – the wheelchair bound man had, in a drug induced stupor wildly fired a handgun in an urban neighborhood and was later found to have that same handgun in his waistband, and the face-
being is in jeopardy, but the reality is that video of an incident can look bad, even if an officer is justified and acts properly. And then there is the UGLY- the audio or video that just cannot be explained, justified or looks just plain wrong. Take for example the officers who after a lengthy and dangerous pursuit, can be seen high fiving one another as they gloat over the crashed suspect vehicle in a ditch. Or the officers who congratulate themselves on tape on a ‘good shoot’ after the suspect is shot and killed and lay dead in the street. There may be a necessary shot, a justified shot or a life-saving shot, but a ‘good shoot’ that ends someone’s life (no matter how justified) is not to be gloated over or self-congratulated – a jury will be offended, and it paints the officer(s) as callous and disrespectful of human life. Three final points about video of any sort.
assault call and unjustly entered her house to confront and later shoot her husband when he emerged from the basement with a rifle, was confronted with the actual 911 call in which she frantically screamed and begged for the police to help her because ‘ my husband attacked me’, ‘ he is going to kill me’, he’s got a gun’, ‘hurry!!’ And finally, it is a good thing that body-cameras far more often than not have prevented
kicked suspect just robbed a strip club at gunpoint and had reached into his waistband several times before the infamous face-kick – tell a different and more complete story. However, the damage in the public and potential jury pool, and to the officers was already done when the bad snippet was widely broadcast. That is not to say that an officer needs to hesitate or think ‘how is this going to look?’ when her/his well-
First, because of what I do currently and did in a former life, I understand that the use of force is necessary and is not always pretty to watch. But I think there is a negative shock value or lack of understanding when most lay persons see the reality of an officer using force. I liken it to the Vietnam War whereas it was the first war that the public watched on their television and could see firsthand the harshness and violence that is war. It was no different or more violent than prior wars, but it was hard to watch, and many people reacted negatively and recoiled. So too with the prevalence of videos showing officers using force – something lay people have not previously seen. It is not pretty, pleasant, or easy to watch, but it is no more violent than it was 10, 20 or 30 years ago. However, in the past, the incident and force used was described in reports, and by CONTINUED ON NEXT PAGE
39
WINTER 2020 BULLETIN
suspect; can be ‘bad’ which is often a relative term as the recording may contain shades of gray that lend itself to differing views depending on the viewer; or can be ‘ugly’ and show the officer behaving very badly. Below are some examples of each.
PA CHIEFS OF POLICE ASSOCIATION
SMILE, YOU'RE ON CAMERA
the officers and witnesses verbally – it was not replayed and shown via video on the evening news. I do think officers need to be mindful of this and be aware that there may be an initial negative reaction to even the most justified uses of force that need to be overcome and explained.
it. No one knew or admitted what had happened. While in my heart-of-hearts I believed that the ‘compromised’ tape was a stupid mistake of someone hitting the record button accidentally, to the rest of the world, it looked like a purposeful destruction of evidence.
Second, officers would be well advised to be mindful that they are always ‘on camera.’ They need to watch making off-hand comments, profanity, off-color jokes, demeaning statements, a lack of compassion, and a general sense of looking, saying or acting like a jerk. Conversely, being (or at least looking) extra-patient, fair, compassionate, professional and humane will go a long way to not only avoiding a suit, but portraying the officer in the best light possible and buying her/him some good-will and understanding with the viewer.
Video and audio evidence must be guarded, preserved, protected and saved as its ‘compromise’ or destruction can be fatal.
Third and finally, the only thing worse than bad video, is missing video. Police departments must have rigorous and consistent retention and preservation policies for all forms of video and audio evidence. Consider a case I defended several years ago wherein a fight between the suspect and the officer erupted in the processing area with the suspect being charged with several crimes for what occurred in the holding area, including assaulting a police officer. The suspect claimed that the officer got him off-the-street and behind closed doors wherein the officer was going to teach the suspect a little lesson about respect. When the processing area video, which captured the incident was requested, it was discovered that key portions of the video were ‘compromised’ and recorded over with several uninvolved officers claiming that they had watched it to see what had happened, but that it was fine when they viewed
NICKNAMES, TATOOS AND SLOGANS Police departments are paramilitary organizations, and many officers have served and continue to serve our nation with their military service. This is a good thing and brings many wonderful benefits to law enforcement – prior training, selfdefense experience, discipline, espirit-de-corps, self-sacrifice, and an understanding of the chain of command. However, as the public of today is increasingly expecting a ‘kinder and gentler’ police force, some of the spill-over from the military to law enforcement can be problematic. I have seen this in slogans on shirts such as “Don’t F*@# with ____ Police Department” or “You Mess With The Best, You Lie Like The Rest [with the agency’s name underneath]”, or “Make My Day [With a gun and the police department badge underneath]. This can come in form of a squad nickname such as “The Killers” or “Wolfpack”. It can come in the form of an officer’s tattoos – that have an offensive picture or nickname or something that a plaintiff’s attorney would argue appears to glorify violence or death. I have seen it on weapons – particularly with special units such as SWAT-- where there may be a tally of how many ‘kills’ or contain some offensive “artwork.”
40
And it can come in form of officer’s nicknames – “Stick” (the officer was quite proficient with his baton) or “Sparky” (the officer who tended to “overuse” his electronic control weapon). I routinely ask Plaintiffs about what tattoos they have – seen and hidden - at their deposition. I am looking to see if their tattoos tell me – and someday a jury – something about them such as they belong to a gang, have racist views (e.g. swastika, KKK, etc.), etc. I ask Plaintiffs if they have any nicknames. Of course, Plaintiff’s counsel sometime asks the same things of the officers. Simply put, while I understand and appreciate the need for comradery, brotherhood and some goodnatured ‘teasing in law enforcement, and among platoons and special units, law enforcement – both officers and administration - need to be cognizant that slogans, nicknames, t-shirts, tattoos and emblems may tell an implicit story to a jury that does not reflect well on the officer and department. SOCIAL MEDIA Where do I begin when it comes to the horror stories that social media bring? Consider the police shooting case wherein the decedent was AfricanAmerican, and his family alleged that the Caucasian officer used force unjustly and was motivated by racism. The officer denied this, but Plaintiff’s counsel uncovered some posts on the officer’s social media page commenting about AfricanAmericans and expressing racist views. Or the phone call I received from one of my police chief clients outraged about a social media post that an about-to-graduate cadet had posted on his site –pictures of the cadet at a Halloween Party dressed in blackface. “I was just
SMILE, YOU'RE ON CAMERA
Fortunately, Plaintiffs can be even worse and leave lots of nuggets on their social media sites that refute the claims they are making in the case, paint a very different picture of their claimed injuries, or place them in a very unflattering light. There was the plaintiff who claimed that the officers overreacted and came loaded for bear with the SWAT team to serve a search warrant. What the Plaintiff failed to note is his lawsuit was that the officers were justly concerned because Plaintiff’s website was replete with videos of him bragging that he was a gangster, affiliated with a gang, waved around weapons and talked of shooting a cop. His pleas that the guns were plastic, and the videos a “spoof” to get more social media “traffic” fell on deaf ears and his lawyer promptly dropped out of the suit. Or the female plaintiff who claimed that she incurred significant back problems because of an arrest – yet her social media page reflected she was ‘shaking her groove thing’ every weekend at one of the local strip clubs. Or my favorite, the Plaintiff who claimed that her arrest caused her “embarrassment” and loss of “reputation.” However, her ‘work’ webpage – as a saleswoman for a cigar shop chain - was filled with several ‘risqué’ photos of her with a stogie in her mouth and described her as “an eccentric gal who doesn’t like to play by the rules . . . and with a body to die for. Her striking physique is radiated by a killer body that features shapely legs that seem to extend for miles. This tantalizing temptress . . . has a glamorous face that can lure even the most
discerning man, especially when her lips are locked around her favorite cigar, and, her intoxicating body can make any man drunk on love.” The case was dismissed soon after her deposition and our exploration of how the arrest affected her “reputation” in a negative way (as opposed to helping support her ‘tantalizing’ and ‘dangerous’ reputation).
the world gets unlimited hours to re-play, zoom in, freeze-frame and second-guess the split-second decision that an officer makes. That is not going to change; in fact, it will only become more prevalent as more homes and businesses install cameras, more people carry smartphones, and more departments issue body-worn-cameras and install cameras in cruisers.
Social media posts, pictures, “likes”, and organizations are fair game and can tell an entirely different story than the officer or a plaintiff wishes to portray to the outside world or a jury at trial. They are goldmines for cross-examination fodder and painting a person in a vastly different light than they would like the outside world to see.
Officers are, and will increasingly be, actors on a very public stage. How they play their part, what they say and how they say it, can and will make a big difference in shading how the viewing public, and seated jury view and judge them. Officers and administrators are well-advised to use the technology, and the words and actions they capture, to tell the story in a way that paints the most flattering picture as possible. I realize that this is not always possible, but officers should be mindful, trained, and have it engrained that they are always on the stage and need to act and speak their best. This can shape– in a good or bad way- how an officer or department is viewed, both in individual incidents and overall.
CONCLUSION Image and perception are critically important to law enforcement, particularly in these times. Recent months have been filled with stories casting officers in a bad light – sometimes justifiably and sometimes unfairly. Law enforcement has an extremely difficult and public job, and too often find that the rest of
Image and perception are critically important to law enforcement, particularly in these times. Recent months have been filled with stories casting officers in a bad light – sometimes justifiably and sometimes unfairly. Law enforcement has an extremely difficult and public job, and too often find that the rest of the world gets unlimited hours to re-play, zoom in, freeze-frame and second-guess the split-second decision that an officer makes. 41
WINTER 2020 BULLETIN
joking around – I didn’t mean anything” the police cadet replied when confronted by the chief, and was thereafter told he was fired as such ‘jokes’ were not tolerated and not funny.
PA HOUSE JUDICIARY COMMITTEE LOOKS AT POLICE REFORMS AND PENNSYLVANIA LAW ENFORCEMENT TRAINING
PA House Judiciary Committee Looks at Police Reforms and Pennsylvania Law Enforcement Training By: Chief John English, Edgeworth Borough Police, PCPA President
PA CHIEFS OF POLICE ASSOCIATION
Police involved shootings, in separate but recent incidents that happened in the State, had Pennsylvania lawmakers looking into the training that Pennsylvania officers receive to prepare for those split-second decision-making occurrences. Those incidents, as well as others elsewhere in the state and nationally, have sparked questions about racial disparity in policing and lethal use of force. The House Judiciary Committee spent several hours being briefed by representatives of the law enforcement community on the training officers receive for those times when use of force is required, and other issues related to Pennsylvania’s police agencies. Executive Director Scott L. Bohn and I represented the PCPA at the Judiciary Committee hearing on September 15, 2020.
During my testimony, I stated that there are approximately 23,000 municipal officers in Pennsylvania trained in accordance with Act 120 who serve an estimated 1,072 departments. Some of the police departments are very large while others may have one or two personnel. I noted that Municipal police in Pennsylvania receive their basic training at one of 24 training academies across the Commonwealth. Of these academies, 5 are operated by municipalities and 14 are operated by colleges or the Pennsylvania State System of Higher Education. The Pennsylvania State Police operates an Academy in Hershey plus 4 Regional Training Centers each authorized to conduct Act 120 training. We offered testimony that the basic police training curriculum teaches
John English, President of the Pennsylvania Chiefs of Police Association told the House Judiciary Committee that “Officers receive a lot of training to help them make those split-second decisions in life and death situations but still any officer that says that he’s never been afraid out there is lying to you.” Pa. House of Representatives Sept. 15, 2020
42
traditional basic police training such as report writing, and criminal procedures, plus police officers are provided training to recognize mental illness, intellectual disabilities, and autism. Officers are provided proper techniques to interact with and de-escalate individuals engaging in behavior indicative
PA HOUSE JUDICIARY COMMITTEE LOOKS AT POLICE REFORMS AND PENNSYLVANIA LAW ENFORCEMENT TRAINING training or resources that need to be provided to officers to prevent them being afraid for their lives as a defense, should a police-involved shooting case go to court.
The Association also added testimony on the Pennsylvania Law Enforcement Accreditation Program; offering testimony that Accreditation is a progressive and proven way of helping agencies evaluate and improve their overall performance. Testimony was offered on the uniqueness and relevance to Pennsylvania law enforcement demonstrated by over 139 standards and 200 bullet points (sub-standards) specific to legislated legal mandates. The mandates govern a wide array of standards for law enforcement agencies including key requirements for policy development and training on use of force, pursuit, evidence and property management, domestic violence and a multitude of issues that will have policy impact upon policing agencies in Pennsylvania. The Association testified that Accreditation is a symbol of quality. It shows that the organization meets specified performance standards and supplies an opportunity for that organization to evaluate their operation against national and statewide standards. Meeting standards promotes research, exhibits broad thinking, and attention to detail.
The testimony I gave addressed concerns about the shortage of individuals applying to police academies. I’ll use the Allegheny County Police Academy as an example, "In the past there was a waiting list to get into this academy. Now I think the last number I heard was 13 in the academy class. That is a fraction of what it used to be, and this is a concern. There is not a whole lot of people that are signing up to take the positions of the officers [who] are basically escaping. Officers feel that they don’t have the support of elected officials. In prior testimony before the House Majority Committee I had testified that, “In general, a lot of police officers are upset and questioning whether they should stay in the profession. I fear that many men and women won’t step in to take their place.” My comments reflect a broader perspective among officers that some state lawmakers have abandoned their support for law enforcement, further inflaming the anti-police rhetoric that underpins sometimes destructive and violent protests unfolding across the country. “Several officers have said they just don’t feel comfortable coming to work anymore.” “They say they’ll be here and do their job, but they don’t feel excited about it anymore and I’m hearing it throughout the state.”
House members questioned representatives from the Pennsylvania Chiefs of Police Association in regards to additional
WINTER 2020 BULLETIN
of mental illness, or intellectual disability. Trainees receive training in community-oriented policing and problem solving as well. In summary, the Basic Police Syllabus totals 919 hours of training. We explained that trainees currently received training that was developed directly from the 21st Century Policing and other national initiatives. Cultural awareness training is taught to help the trainees identify the behaviors that foster and those that harm effective minority community relations. The goal is to foster effective communications with those they are sworn to protect and to establish police legitimacy.
As the PCPA President I replied, “Officers receive a lot of training to help them make those split-second decisions in life and death situations but still any officer that says that he’s never been afraid out there is lying to you.” “There’s no one size-fits-all response to those situations, each of which tend to be unique requiring different responses.” “You can’t put it all in one basket and say from now on you are going to do this, this and this. You have to adjust.”
43
Scott L. Bohn, Executive Director In addition to the Association’s testimony, Les Neri, president of the Fraternal Order of Police Pennsylvania Lodge, testified that a policing standpoint with nearly 1,100 police departments in Pennsylvania, many departments are staffed with part-time officers who work for multiple departments. He noted that this was problematic. Money is often the reason why so many have part-time officers and why few can offer officers training beyond the 12 hours of continuing education they are annually required to receive. House Judiciary Committee Chairman Rob Kauffman, Franklin County, shared that the committee will be visiting the state police academy in Hershey to witness police training firsthand as the committee continues its look at police reform laws that are needed. Emanuel Kapelsohn, of Peregrine Corporation, said he has provided expert testimony in police-involved shooting cases nationally. He supported that decision. He said lawmakers need to have some knowledge about what a police officer has to know and understand before passing laws that affect how those officers do their job.
TRANSPARENCY IN POLICING- THE KEY TO BUILDING AND KEEPING THE COMMUNITY’S TRUST
Transparency in Policing- The key to building and keeping the community’s trust By: Ron Camacho, Chief of Police, Chambersburg Borough Police Department
PA CHIEFS OF POLICE ASSOCIATION
Police agencies can be secretive and mysterious. They have their own culture, and have even been known to practice peculiar initiation rites, indulge in unique forms of dress that separate them from the rest of society, and their specially developed language leaves many baffled. Even a person, who solely reads crime novels and does nothing but watch television crime dramas, still does not fully understand what it takes to police day-in and dayout. Even with “technical advisors,” most tv shows and movies get much wrong. While I’m sure the advisors are usually telling the actors, directors, and producers what is realistic and what is not, Hollywood has a different mission. That mission is not reality; it is to entertain, which typically overrules realism. I know many tv and print reporters whose main news beats for over twenty years have been crime, yet they still fail to fully understand the culture of law enforcement. The bottom line is: if you have never worn the badge it is really hard to understand all that comes with that immense responsibility. Unfortunately, we the law enforcement community, have not done a great job of explaining and showing the public what we do, why we do it, and, most importantly, who we are. Because of these factors the public, the media, and our politicians are left to speculate on the current state of policing. Often their speculations are wrong and wholly misinformed, but damaging nonetheless. The best and only way to combat these false narratives is by embracing a philosophy of openness called TIPTransparency in Policing. Why is it that police organizations feel that every bit of information they possess is a secret? I am not speaking about investigatory information that will impede the
In a world where conspiracy theories abound and the public has reached a boiling point over both accurate and mis-perceptions of police, if we were to “pull back the curtains” and let the fresh, cleansing power of transparency shine in those dark places, we can illuminate any issue with honest and truthful responses. solving of a case, hinder its successful prosecution, or leave an innocent person convicted in the press. Nor am I talking about specific protocols that are tactical in nature, even though the amount of knowledge regarding police TTPs known to the public is shocking. Due solely to his love of video games, my 17-year-old son and I can have meaningful and informed conversations on room clearing tactics and weapon systems. What I am referring to, and what the public wants to know, is why and how police officers and law enforcement executives make their decisions. What are we thinking and what is driving us? In a world where conspiracy theories abound and the public has reached a boiling point over both accurate and mis-perceptions of police, if we were to “pull back the curtains” and let the fresh, cleansing power of transparency shine in those dark places, we can illuminate any issue with honest and truthful responses. This is transparency in action and the
44
TRANSPARENCY IN POLICING- THE KEY TO BUILDING AND KEEPING THE COMMUNITY’S TRUST WINTER 2020 BULLETIN
only way forward is to build and maintain trust with the public. Due to a lack of transparency, that is something we have lost in recent decades. Due to the tragic death of George Floyd and the protests that followed, many police leaders, myself included, have been called upon to answer tough questions regarding policies, procedures, use of force and police reform. Some of my peers refused to answer this call for transparency. The unfortunate reality is that many were embarrassed to do so, because they knew their policies and procedures were out of date, or, if they did an honest self-assessment, they recognized that their agencies were not policing their communities in an appropriate and modern way. The simple reality is that we in law enforcement have continued to cling to a 19th and early 20th century model of policing that the American public has long since moved beyond, and which it will no longer tolerate. We have allowed the unofficial culture of police to dominate and dictate how cops will behave and what they will try to get away with, completely ignoring the official culture that every department has. We in command and management positions have allowed this to perpetuate, even as we faced the new reality that every citizen has a video camera and the ability to film anything and everything we do. Long gone are the days when a group of police officers could get away with a concocted version of what they did in any situation, relying on the prosecutor and public to always believe the cops. Despite incident
45
after incident of police versions of events being revealed as lies by video popping up on the internet, police have refused to change. And we in command have unacceptably refused to force them to change. Now is the time that we can and must correct these deficiencies; not just to manage our risk and liability, but to do what is right and just. I would like to share several strategies that I found successful regarding Transparency In Policing. Responding to questions: After the latest protests began, I was asked about the 8 can’t wait campaign. 8 can’t wait was a website that asked citizens to demand 8 immediate policy changes that the authors claimed would reduce use of force deaths by 72%. Upon hearing these questions, I quickly responded with a press release clearly stating that these 8 policy changes were already in place in my department, and had been for some time. The rapid response by me to these questions, in writing, took the wind out of the sails of those who were looking to criticize my department and, in doing so, jump on what had become a vicious and damaging bandwagon of societal rejection of all police. By clearly showing the public that there was “neither smoke nor fire” in my department, and that we had nothing to hide, I received high praise for being open and informative. I also walked among the protestors on several occasions. My purpose in doing so was not to surrender either my command or my department to any who would CONTINUED ON NEXT PAGE
PA CHIEFS OF POLICE ASSOCIATION
TRANSPARENCY IN POLICING- THE KEY TO BUILDING AND KEEPING THE COMMUNITY’S TRUST
break the law. Nor was it to imply that I agreed with or tolerated extreme behavior, no matter what the political underpinnings. It was to let them know I was there to answer any questions they might have regarding my department. Most were friendly and greeted me warmly. A couple of the protestors did take the opportunity to ask me questions about policing. What I quickly found out, and what many police officers already know, is that there is an incalculable amount of misinformation among the protestors, both young and old. In one instance, I spent over an hour speaking with a man about car stops and the Taser. I was happy when, at the end of the conversation, he thanked me for taking the time to answer his questions.
and answer session at one church, I broke down every one of one of my department’s Use of Force incidents that had occurred in 2019. I was able to clearly show that our officers are not brutal and that their Use of Force was always measured and justified. Some of the main points I was able to show was how rare Use of Force incidents occur, and how the simple act of an officer pointing a weapon at someone necessitates a Use of Force report. Showing the public that the police are not barbarians ready to stomp on citizens for any misstep is now necessary. Releasing and explaining Use of Force data can accomplish that mission and build trust with the community. Once more, the answer is Transparency In Policing.
Use of Force: At the request of several church leaders I was asked to address their congregations and answer questions relating to my department and policing in general. I answered questions for over 2 ½ hours on a variety of law enforcement subjects. The group was respectful and some of the questions were pointed, and discerning, making honest answers all the more important. Still, I looked at this event as a great opportunity to get my message across: that there would be no secrets in my department from the community that it serves; and serve them, it would. Mine is a modern, integrity-based, disciplined, progressive police department; one that treats all persons we encounter with equality, dignity, and respect. Behaving this way is not just the “official” version of police culture in my jurisdiction, it is the “unofficial” culture within the department as well. Speaking to congregations offered tremendous opportunities to educate highly influential groups, and one of the main topics was always Use of Force. That was because the public has come to distrust us when we use force. They distrust what we say happened, and they have come to distrust us when we claim that certain levels of force were appropriate. They have also come to question the difference between when we say we are “justified” in using force, versus when it is “appropriate”. The term “lawful but awful” has recently been coined to articulate that very lack of trust, and it has become a rallying cry for those who would see our institution dismantled. It is a reality we must not only address, but that we must address with transparency.
Complaints: Another issue that receives great scrutiny from the public is the handling of complaints against officers. This offers another opportunity to explain to the community how seriously we take officer complaints. In being asked about this, I have described how easy it is to file a complaint and why we make it so easy (website, using our social media platform, front desk). I also disclosed the number of complaints my department receives yearly and how they are categorized after a legitimate and objective investigation (unfounded, exonerated, sustained, and not sustained). On one occasion I shared a story about one of the complaints, while protecting the identity of the officer, where he was wrong and violated policy when dealing with of our communities “frequent flyers”. The incident occurred off duty, and the subject baited our officer, who, took the bait and responded verbally to him. The subject was knowledgeable about our complaint system quickly came into the station to file one. The officer was interviewed about the incident, admitted guilt, and accepted his discipline. It was important to show that when we are wrong, we, as a profession, admit it. My officers feel comfortable admitting guilt when they are wrong, and accepting the appropriate discipline.
Why are we as police leaders so afraid to release or publish information pertaining to Use of Force incidents? An overwhelming amount of Use of Force incidents are justified and within policies. But our policies must also be appropriate. They must be appropriate and equitable for the public as well as our officers. During the question
Social Media: If your agency does not have a good social media program or platform, then it is incredibly behind the times! Police agencies have had many years to figure out what works with social media and what does not. Many departments are very restrictive on their officers’ use of social media, specifically when they represent the department. However, social media is not evil, as some may have you think; it is an excellent tool to get information out to the public. Let us face the facts, small-town and medium city newspapers are dying all over this country, and the big city newspapers are not doing much better. Add to this the fact that the public is incredibly hungry, almost ravenous, for
46
TRANSPARENCY IN POLICING- THE KEY TO BUILDING AND KEEPING THE COMMUNITY’S TRUST
Advisory Boards: Good leaders know and understand that you cannot make decisions in a silo. The best decisions for an organization are made when you have input from many different points of view. It would be silly for a police chief who hasn’t done patrol in 20 years to design a patrol car when the patrolman is in the car every day. The patrolman can best tell you where to put the computer, the dashcam, the rifle rack, and describe why the light & siren buttons should go in a particular place. To combat "silo" thinking, try including trusted citizens in your organization's decision-making processes. One of the best ways to do that is by implementing a citizen advisory board or a chief's advisory committee. This is not the same as a citizen review board; a chief's advisory board does not have any oversight or regulatory power over the police department's administration. Advisory boards or committees are created to advise, but this advice can prove invaluable to law enforcement executives and are often worth every minute you put into them. Advisory committees or boards are the perfect conduit for chiefs to hear from the community regarding the implementation of policies, procedures, and programs. The key to success is that the boards and committees must be as diverse as possible so that the chief can get a wide range of views from the community. Another positive outcome of advisory boards or committees is the access it gives to engage and educate its members. How often have civilians been asked their opinions on police policies, public safety issues, or crime-fighting strategies? Advisory boards will allow for the growth of new ideas and may keep chiefs from making bad
47
decisions regarding how they police their communities. Most importantly, it shows the public a wiliness to fully commit to transparency. Two quotes or philosophies that I subscribe to are "evolve or die" and "get out of your comfort zone." These are essential guidelines if you want to implement a TIP program. But first we must all accept the fact that we have entered an entirely new and unprecedented era of policing in the United States. That new era will demand TIP from each and every one of us. Police officers are masters at adapting to change. All you have to do is look at all the available technology to officers as opposed to 10, 20, and 30 years ago, and how well they use it. It is now time for law enforcement executives to change and adapt regarding transparency. The listed strategies are just some of the directions you can go. Be innovative and make your own paths. Remember, what works in one community may not work in another. Being open and transparent, however, is the new normal. If you have nothing to hide, then these ideas and programs should be easy to institute. If you do have something to hide, then you are attempting to police in a way whose death knell has been sounded. Change is not coming, it is here. Get in front of it by implementing- TIP- Transparency In Policing. Ron Camacho Chief of Police Chambersburg Borough Police Department rcamacho@chambersburgpa.gov https://www.camachoconsulting.net/
WINTER 2020 BULLETIN
news and information gives us an opportunity to inform them. A successful social media presence can enhance departments’ profiles and, more importantly, aid in the engagement efforts they have with the communities they serve. Social media can become your department's community newspaper. But do not make the same mistake that many media outlets are making today. Your agency must share the good with the bad, which is the cornerstone of transparency. Honest and accurate reporting is the only way to gain the trust of the public. The Chambersburg Police Department uses a social media platform called CrimeWatch (https:// www.crimewatchpa.com/). Since the implementation of CrimeWatch, our department's ability to engage with the community has grown exponentially. Citizens can anonymously send us tips and information, which have significantly helped our crime-solving capabilities and public safety efforts. My department is known throughout Pennsylvania for our use of social media, but we still have not used it to its full potential.
TECHNOLOGY UPDATE
Technology Update By: Christopher J. Braun MSIT, PCPA Technology Coordinator
PA CHIEFS OF POLICE ASSOCIATION
Save These Dates
In my 52 years of working in or with law enforcement, I experienced pandemics, demonstrations, civil unrest, riots and anti-police politics, but never all at the same time and to this extent. Combine that with the isolation the cancelled conferences, meeting and training sessions and it seems worse. We missed our Spring JNET/PCPA conference and as the Covid cases rise again, we cannot meet for our fall conference. However, we will have a two day virtual JNET/ PCPA/Forensic, January 12 and 13, 2021. The conference will feature four different trcks of virtual events. One track for usually updates from JNET. A track for PCPA updates. The last two track will be for forensics and various vendor and equipment demonstration. Save the dates January 12 & 13, 2021. Check our web site, www.pachiefs.org for registration information.
PAVTN
For all the procrastinators that have not completed their required MPOETC training, the clock is ticking and there are only several weeks left. These new 2021 courses will be available the first week of January 2021. 21-001 Legal Update - A mandatory three-hour course highlighting pertinent court decisions and significant pieces of legislation passed after July 1, 2019 that affect police operations and investigations. Lessons will address changes and updates to the Pennsylvania Crimes Code, Vehicle Code, and Rules of Criminal Procedures as well as decisions from Pennsylvania’s Commonwealth, Superior and Supreme Courts, various Federal Courts, and the United States Supreme Court. A final segment of the course will focus on topics such as the issue of excessive charging by police officers and the different jurisdiction and authority of the various law enforcement agencies and officers throughout the Commonwealth.
48
21-002 Juvenile Justice- A threehour elective course providing a review of the Juvenile Act to include: juvenile custody, placement procedures and options, segregation from adult prisoners, information needed for the juvenile allegation, and the juvenile court process and proceedings. The course will have focused discussions on juveniles in holding and interviewing juveniles. The training will include resource information which is available to the officers for assistance and support. 21-003 Child Victims of Human Trafficking - A three-hour elective course discussing Human Trafficking with a focus on child victims and sex trafficking. The course will teach a Victim Centered Response, as victims are the key to successful investigation and prosecution of sex traffickers, but surviving victims are typically severely traumatized with both immediate and long-term consequences. Lessons will define child sex trafficking, identify who is at risk, explain the consequences of child sex trafficking, and offer suggestions for addressing the expanding problem of child sex trafficking.
TECHNOLOGY UPDATE
The pandemic delayed the start of our new Forensic program to help police departments be better equipped and trained to process crime scenes and collect evidence. The project supports improving the quality and frequency of collected latent evidence from crime scenes across the Commonwealth. Since it will be impossible to conduct this training in a classroom for at least six more months, we are planning to take it virtual. Through a sustained effort of training, equipment, and agency executive support, a collaborative enterprise can be substantiated to educate and equip larger police departments, District Attorney Offices, Sheriff Offices, and/or regional partnerships (for the smaller agencies) to employ the latest discovery, collection, preservation, and development
The pandemic delayed the start of our new Forensic program to help police departments be better equipped and trained to process crime scenes and collect evidence. The project supports improving the quality and frequency of collected latent evidence from crime scenes across the Commonwealth. Since it will be impossible to conduct this training in a classroom for at least six more months, we are planning to take it virtual. Through a sustained effort of training, equipment, and agency executive support, a collaborative enterprise can be substantiated to educate and equip larger police departments, District Attorney Offices, Sheriff Offices, and/or regional partnerships (for the smaller agencies) to employ the latest discovery, collection, preservation, and development tools for processing latent evidence.
tools for processing latent evidence. We will use virtual online training combined with mailed evidence and study kits. More information will be available in early 2021 and we will be presenting more information at the January 12 &13, 2021 conference. Mobile Fingerprint Identification Devices
The PCPA Mobile Fingerprint Identification Project is still operating. In the month of October 348 inquiries were made through our 272 deployed devices. We are now again delivering devices and we are
49
doing the limited in person training according to the COVID guidelines with personal distancing. However, training on the devices is also available on the PAVTN. Hundreds of uses proved the effectiveness of these devices identifying suspects in the field that do not have other identification. In some cases, wanted persons were discovered in others new crimes were both identified and prevented. While the grant funding is gone, there are still a few refurbished devices available for just the annual operating cost of $990. That provides the device, full system/device maintenance and one year of secure cellular service. Any department interested can see the requirements on our web page https://pcpa.memberclicks.net/ mobile-fingerprint-id or contact me by email cjbraun@pachiefs.org.
WINTER 2020 BULLETIN
21-004 Recognizing and Responding to Individuals with Special Needs - A mandatory threehour course focusing on timely recognition and appropriate law enforcement response to individuals with special needs. The course will teach officers to employ appropriate communication techniques and deescalation tactics when interacting with individuals who have special needs or who exhibit behaviors associated with mental illness, intellectual and physical disabilities, and/or autism. The training will include information and instruction for officers regarding available services and support systems for individuals with special needs.
50
PA CHIEFS OF POLICE ASSOCIATION
P E N N S Y LV A N I A CHIEFS OF POLICE ASSOCIATION
APPLICATION TYPE:
APPLY ONLINE!
o Active Membership $150 per year plus $100 Initiation Fee ($250 to accompany application) o Affiliate Membership $150 per year plus $100 Initiation Fee ($250 to accompany application)
3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org ¨ CHECK HERE FOR A MAILED COPY OF THE BULLETIN...$25 PER YEAR Please type or print clearly.
APPLICANT INFORMATION
RECOMMENDING MEMBER
Full Name of Employer_______________________________
Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.
Office Address _____________________________________
Recommending Member Name and Title:
________________________________________________
________________________________________________
Name____________________________________________ Rank ___________________________ Date of Appt_______
________________________________________________ County _____________________ Phone ________________
Department Name and Phone Number: ________________________________________________
Fax ___________________ Email _____________________
APPLICANT DEPARTMENT INFORMATION
Are you a sworn police officer? Y or N
Provide the number of sworn police officers in your department
Full time police officer in above department? Y or N
Full time ___________ Part time __________
MPOETC # ________________________________________ If not applicable, please explain why MPOETC number is not
If industry, number of security officers under applicant’s command ___________
present ___________________________________________
If other, state nature of business in relation to law enforcement
________________________________________________
________________________________________________
Residence Address _________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________ County ____________________ Region ________________ Date of Birth _______________ Phone _________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N
If yes, explain on a separate sheet of paper and attach to application form. Signature of Applicant: ______________________________________________________
MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date _______________________
MEMBERSHIP QUALIFICATIONS
Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.
America’s largest and most experienced law enforcement accreditation consulting company is proud to be working with the Pennsylvania Chiefs of Police Association in bringing our suite of services to the Keystone State. Our holistic business model includes distributing the system, developing customized policies for your department and assisting your agency gather the appropriate proofs of compliance required by the accrediting body. To date, we have directly assisted in excess of one hundred fifty law enforcement agencies succeed in their goal of becoming accredited.
We have recently expanded our team to include two respected members of the Pennsylvania law enforcement accreditation community to help us, help you. Leading our growing efforts in Pennsylvania are Officer Madeline Lewis of the Lower Merion Township Police Department and Mrs. Jennifer Ruggeri of the Newtown Township Police Department; both of whom have lead their agencies to PLEAC and CALEA accreditation.
One Team, One Mission: Committed to Public Safety Professionalism. To learn more about The Rodgers Group and how we can assist your agency meet its accreditation goals, please visit our website at www.RodgersGroupLLC.com or email us at Info@RodgersGroupLLC.com.
