City of Hallandale Beach City Commission Agenda Cover Memo

 

Meeting Date:

 

December 15, 2014

Item Type: 

 

 (Enter X in box)

Resolution

Ordinance

Other

X

 

 

Fiscal Impact:

(Enter X in box)

 

Yes

 

No

Ordinance Reading:

(Enter X in box)

1st Reading

2nd Reading

N/A

N/A

X

 

 

Public Hearing:

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Yes

No

Yes

No

X

 

X

Funding Source:

 

2120 531010

Advertising Requirement:

(Enter X in box)

Yes

No

X

Account Balance:

$96,500.00

Quasi Judicial:

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Yes

No

X

Project Number :

 

N/A

RFP/RFQ/Bid Number:

N/A

Contract/P.O. Required:

(Enter X in box)

Yes

No

Strategic Plan Priority Area: (Enter X in box)

 

Cohesive Visual Appeal                             

Civil & Respectful Government              

Create Local Jobs                                           

Economic Development                            

Improve City Infrastructures                   

Improve Saftey, Security &

Comfort of Residents                                  

Operational Excellence                              

Quality of Life                                                 

Vibrant Destination                                        

 

X

 

Sponsor Name:

 

Renee C. Miller, City Manager

Department:

 

Dwayne S. Flournoy, Chief of Police

 

Short Title:

 

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN  THE CONSULTING FIRM OF  GREENWOOD AND STREICHER, LLC TO CONDUCT AN INDEPENDENT USE OF FORCE REVIEW OF THE HALLANDALE BEACH POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED FIFTY SEVEN THOUSAND ($57,000.00) DOLLARS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE WRITTEN ENGAGEMENT LETTER IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AS EXHIBIT 2; AND PROVIDING AN EFFECTIVE DATE.

Staff Summary:

 

BACKGROUND:

 

City and Police Department staff feel strongly that there would be significant benefit to the agency, the City, and the community in having an unbiased third party conduct a thorough and holistic review of the Police Department’s policies, practices, and culture with respect to use of force.  The process of moving toward this review has been ongoing for some months and has been renewed and invigorated by recent increased scrutiny on police use of force and community interaction overall.  While this review was initially motivated by local events occurring over the last five years (as detailed further below), recent events on the national scale have underscored the benefits of an independent and thorough review of how and when our police use force and how the City and agency evaluate and respond to such incidents.

Staff requests this review be conducted by Greenwood & Streicher, LLC, (“G&S”) a consulting firm based in Cincinnati, Ohio.  G&S is uniquely qualified to provide these services based not only on the firm’s experience but the very unique combination of the firm’s principals.  G&S is led by, and its reviews are conducted by a combination of a nationally recognized former Police Chief and an accomplished ACLU attorney.  The breadth of experience in G&S will provide a unique perspective in our review as well contribute to greater legitimacy in the review’s outcome.  Professional biographies of Scott T. Greenwood and Thomas H. Streicher, the principals of G&S, are attached hereto as Exhibits 3 and 4.  G&S has also provided similar reviews for the cities of Miami and Miami Beach with positive results.  Staff’s research has revealed no similar firms in the South Florida area that can provide the experience level and broad perspective afforded by G&S.    

WHY ACTION IS NECESSARY:

 

Pursuant to Procurement Code section 23-8(2), Exception to Bid Requirement, Professional Services involving peculiar skill, ability, experience or expertise, which are in their nature unique and not subject to competitive bidding, expenditures greater than $25,000 require Commission Approval.

 

CURRENT SITUATION:

The local events leading to this request primarily include the fact that over the course of the last five years, officers of the Hallandale Beach Police Department have discharged firearms at other persons in a total of eight separate incidents.  One of the incidents was a non-contact shooting, four of the incidents resulted in injuries to one subject in each event, and three of the incidents resulted in one fatality each.  The individual shootings are at various stages of investigation ranging from completely closed with a finding of justified by prosecutorial authorities to actively pending investigations.

The number of contact and non-contact events over the last five years has caused us to take a broad view of our use of force in general in addition to the case by case review of each individual incident.  As we look at our use of force overall, we note that we have also been involved in recent litigation over allegations of excessive use of force in K-9 and weaponless physical force situations.  Accordingly, we believe it would be prudent to review our use of force, training, policy and agency culture.  In order to maintain the utmost in transparency and effectiveness in the process, City and Police Department staff also believe it would be best to have an independent third party conduct this review.

 

ANALYSIS:

 

In an effort to complete this independent review, staff is recommending the use of G&S to review the police department’s policies, training and culture.  The scope of services will include:

 

·        Review of our agency’s use of force in an organic, holistic manner;

·        Deeply assessing each of the uses of deadly force over the previous five years;

·        A focus on use of force policies, training, tactics, and use in the field;

·        Review of tactics including, but not limited to, firearms, less lethal force, non-force compliance techniques, de-escalation, and officer verbal presence;

·        An assessment of accountability within the agency for use of force incidents;

·        Examining risk management in the city’s use of force-related litigation;

·        Identification of strengths and weaknesses within the Police Department on the issue of use of force;

·        Providing recommendations to improve effectiveness and efficiency of the department; and,

·        Recommendations on the implementation of technology such as officer body cameras.

 

The review will include interviews of current HBPD members, interviews of other City employees, stakeholders, and citizens served by the agency, a review of policies, procedures, and past assessments of agency use of force, and a determination of current practices within the agency and comparison of those findings against state law and national best practices.  G&S has committed to providing interim feedback during the review on an as requested basis.

The review is anticipated to take approximately six months and the consultant has committed to present its findings and make recommendations to the City Manager, the City Commission and the public.

The consultant selected for this review is Greenwood & Streicher, LLC.  More information on their background and unique qualifications for this project are in the biographies attached as Exhibits 3 and 4.

Proposed Action:

 

Staff recommends the City Commission adopt the proposed Resolution authorizing the City Manager to enter into a consulting contract in substantially the same form as Exhibit 2 attached hereto with Greenwood & Streicher, LLC for $57,000.00 for the firm to conduct and independent use of force review of the Hallandale Beach Police Department.

Attachment(s):

 

Exhibit 1-         Resolution

Exhibit 2-         Agreement

Exhibit 3-         Greenwood Bio

Exhibit 4-         Streicher Bio