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City of Hallandale Beach City Commission Agenda Cover Memo

 

Meeting Date:

 

December 2, 2015

Item Type: 

 

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Resolution

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X

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Ordinance Reading:

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1st Reading

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Public Hearing:

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Yes

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X

 

X

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Account Balance:

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Quasi Judicial:

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Project Number :

 

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Contract/P.O. Required:

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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:

Police

Dwayne S. Flournoy, Chief of Police

 

Short Title:

 

A PRESENTATION FROM CONSULTANTS GREENWOOD & STREICHER, LLC, ON THEIR REVIEW OF THE HALLANDALE BEACH POLICE DEPARTMENT’S USE OF FORCE PRACTICES.

 

 

 

 

 

Staff Summary:

 

BACKGROUND:

 

On December 15, 2014, the City Commission approved a Resolution retaining the services of Greenwood & Streicher, LLC (G&S), to conduct a thorough review of the Police Department’s use of force practices.  Pursuant to the Resolution, the review was intended to ensure the Hallandale Beach Police Department was taking a proactive posture in assuring that its policies and procedures for the use of force demonstrate the best practices available.

While the review was initially motivated by local events occurring over the preceding five years, additional high-profile police use of force events 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 Police Department evaluate and respond to such incidents.

G&S is uniquely qualified to conduct this review and provide this report 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 provides us a unique perspective in our review as well contributes to greater legitimacy in the review’s outcome.  The principals of G&S has also provided similar reviews for agencies across the country and, locally, for the cities of Miami and Miami Beach with positive results.

WHY ACTION IS NECESSARY:

 

Pursuant to Resolution 2014-150, G&S’s review includes a presentation of their findings before the City Commission.

 

CURRENT SITUATION:

The local events originally leading to this request primarily included the fact that over the course of the preceding five years, officers of the Hallandale Beach Police Department had discharged firearms in a total of eight separate incidents.  The number of police-involved shootings during that five-year period caused the Police Department to take a broad view of its use of force in general, in addition to the case by case review of each individual incident.  In order to maintain the utmost in transparency and effectiveness in the process, City and Police Department staff believed it would be best to have an independent third party conduct this review.  Accordingly, staff recommended and the Commission approved G&S to conduct this review.

ANALYSIS:

 

The scope of G&S’s review included:

 

 

The review included 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 also commited to providing interim feedback during the review on an as requested basis.  An example of this interim feedback includes the addition of an Internal Affairs Captain to the Police Department in the 2015-2016 budget as recommended by G&S.  It should be noted that Police Department staff was also able to obtain a federal COPS grant in the amount $125,000.00 over three years to offset a significant portion of the costs of this position. 

During the course of their review, G&S made several visits to the City.  They interviewed Police Department staff at all levels of the organization.  They conducted ride-alongs with Patrol Officers.  They met with City Commissioners individually and with citizen groups.  They participated in the City Commission’s orientation day at the police academy.  They participated in the City Commission’s Digital Imaging Workshop and various community forums.  G&S gathered information from a broad range of stakeholders and diverse perspectives in completing the review and report that will be presented in this item.

Summary of Recommendations / Implementation Strategy

G&S’s report contains 19 specific recommendations.  Staff recommends implementing all of the recommendations contained in the report.  A summary of staff’s response to each recommendation, along with an estimate of cost and implementation time is listed below.  Estimated costs do not include soft costs we anticipate we will be able to absorb with existing budget dollars and personnel.  For ease of reference, each recommendation is preceded with the page number on which it appears in the report.  Where multiple recommendations appear on the same page, they are lettered (a) (b), etc., after the page number.

                                                                                               

 

Page 5-

Recommendation #1: The HBPD should revise the last sentence of the policy statement in General Order 1.2.6, on page 1, in paragraph 5, by deleting the word “citizens” and adding the words any other person(s). We recommend that HBPD also revise any G.O., SOP, or procedure that uses the term “citizen” to use the term “resident,” “member of the public,” or “subject,” as appropriate.

 

Staff Review- Agree.

 

Cost to Implement- None.

 

Implementation Time- January 1, 2016.

 

Page 6-

Recommendation #2: The HBPD should revise general order 1.2.6. to address de-escalation and better identify techniques which may help to avoid the necessity to use force. Relevant training should be provided to all members of the HBPD.

 

Staff Review- Agree.

 

Cost to Implement- None for General Order revision.  See Recommendation 6 below for training costs.

 

Implementation Time- January 1, 2016 for General Order revision.  See Recommendation 6 below for training deadline.

 

Page 7-

Recommendation #3: We strongly recommend the HBPD revise its use of force reporting policy to provide for mandatory reporting of any use of force by HBPD personnel and supervisor response and investigation of same.

 

Staff Review- Agree.  This is already required in separate G.O. provisions (Patrol Operations/Report Writing), but the directive will be clarified specifically within the Use of Force G.O.

  

Cost to Implement- None

 

Implementation Time- January 1, 2016.

 

Page 9-

Recommendation #4: We strongly recommend the HBPD immediately revise its use of force policy and procedure to prohibit officers from shooting at a motor vehicle unless the occupants of the vehicle are using or attempting to use deadly force against the officer(s) by means other than the motor vehicle.

 

Staff Review- Agree.

 

Cost to Implement- None.

 

Implementation Time-   June 1, 2016.

 

 

 

 

 

Page 11(a)-

Recommendation #5: HBPD should consider increasing the amount of annual, in-service training required for each officer.

 

Staff Review- Agree.

 

Cost to Implement- None

 

Implementation Time- Ongoing.  Effective January 2016, PD is re-deploying two officers to the Training Unit to focus full-time on training and providing additional and enhanced training within the department.

 

Page 11(b)-

Recommendation #6: The HBPD should implement mandatory training for all personnel regarding de-escalation and minimizing the use of force.

 

Staff Review- Agree.

 

Cost to Implement- $7,500.00.

 

Implementation Time- January 2016.  Staff has contracted Global Tactical, Inc., to conduct De-escalation training for all sworn personnel beginning the second week of January 2016.

 

Page 11(c)-

Recommendation #7: The HBPD should implement crisis intervention training in both post academy and its yearly in-service training.

 

Staff Review- Agree. HBPD is currently sending officers to CIT training.  There are seven scheduled CIT trainings for 2016, being scheduled at the county level and HBPD staff will be participating.

 

Cost to Implement- $12,000.00- Overtime costs to be absorbed in current budget.

  

Implementation Time- Training will be ongoing.

 

Page 12-

Recommendation #8: The City and the HBPD should establish crisis intervention teams in collaboration with NAMI or a similar association of mental health professionals.

 

Staff Review- Agree.  HBPD is a member of the county’s CIT response team. 

 

Cost to Implement- None.

 

Implementation Time- Staff is in contact with NAMI affiliated personnel and conducting this type of training already.  Ongoing.

 

Page 13-

Recommendation #9: The HBPD should implement and mandate that all officers be required to demonstrate proficiency with their firearms twice annually. The second qualification course should be scenario-based and emphasize the use of tactics that will maximize the safety of officers, suspects, and innocent bystanders.

 

Staff Review- Agree. 

 

Cost to Implement-  $8,000.00 for additional ammunition.

 

Implementation Time-  During FY 15/16 we will incorporate a scenario-based live fire exercise in addition to our annual firearms qualification.

 

Page 14(a)-

Recommendation #10: The HBPD should revise General Order 1.2.6 to specifically require the same investigative and reporting process whenever deadly force is used by any member of the department. The same investigative and reporting process should be required whether or not the action results in death or injury.

 

Staff Review- Agree.

 

Cost to Implement- None.

 

Implementation Time- January 1, 2016.

 

Page 14(b)-

Recommendation #11: The HBPD should revise General Order 1.2.6, Section X., B. to indicate the Shooting Team’s actual duties are to review the investigation of all firearms usage rather than to conduct an investigation of these incidents.

 

Staff Review- Agree.

 

Cost to Implement- None.

 

Implementation Time- January 1, 2016.

 

Page 15-

Recommendation #12: The HBPD should revise General Order 1.2.6 by eliminating sections IX, Use of Force Review and X, Shooting Review Team, section XI, Shooting Review Team Members, and section XII, Team Findings. In place of these sections, The HBPD should create a Use of Force Review Board which would be responsible for reviewing all cases involving any use of force. The board should also review all incidents where officers and/or suspects and/or innocent bystanders are seriously injured as the result of police action.

 

Staff Review- Agree with the structural changes listed above; however, details regarding the design, function, and responsibilities of the board will need to be developed by policy in accordance with applicable State law.

 

Cost to Implement- None.

 

Implementation Time- April 1, 2016.

 

Page 19-

Recommendation #13: The HBPD should increase the complement of personnel assigned to IA and ensure the unit commander remains at the rank of captain. The unit should also have two investigators assigned, each at the rank of sergeant. Assigned personnel should receive training from a certified institution to adequately prepare them for the duties commensurate with their assignment. This training should be mandated immediately upon assignment to IA. All assigned personnel should be rotated in and out of the IA assignment on a 3 year cycle and staggered assignments periods.

 

Staff Review- Agree, with a 4-year cycle.

 

Cost to Implement-  $187,000, full cost of position, benefits, and equipment. 

 

Implementation Time- New position will be requested with the FY16-17 budget. 

 

Page 20(a)-

Recommendation #14: HBPD should mandate the creation of a standard operating procedure (SOP) that includes specific directives which address the issues necessary to complete a fair and impartial IA investigation and report.

 

Staff Review- Agree, will be accomplished with supplement to IA general order.

 

Cost to Implement- None.

 

Implementation Time- July 1, 2016.

 

Page 20(b)-

Recommendation #15: The HBPD should revise General Order 1.5.1 to mandate that department personnel accept, record, and properly classify all complaints by members of the public which allege misconduct on the part of any department employee.

 

Staff Review- Agreed.

 

Cost to Implement- None.

 

Implementation Time- January 1, 2016.

 

 

 

Page 21-

Recommendation #16: The HBPD should separate from IA and assign the responsibility for disposition of civilian complaints to a panel of senior level command officers - The Disposition Panel.

 

Staff Review- Agreed.

 

Cost to Implement- None.

 

Implementation Time- July 1, 2016.

 

Page 22-

Recommendation #17: The HBPD should adopt an annual external oversight mechanism such as an independent auditor to conduct an annual review of all internal affairs investigations and related reports.

 

Staff Review- Agreed.

 

Cost to Implement- None.

 

Implementation Time- July 1, 2016.

 

Page 24-

Recommendation #18: The HBPD should consider implementing a best-in-class computerized Employee Intervention System.

 

Staff Review- Agreed.

 

Cost to Implement- $20,000.00

 

Implementation Time- July 1, 2016.

 

Page 26-

Recommendation #19: The HBPD should strongly consider implementing the use of body worn cameras for all uniform personnel, including SWAT.

 

Staff Review- Agreed.

 

Cost to Implement- Separate project underway.

 

Implementation Time- Pilot project to be completed by FY 16-17.

 

 

 

Proposed Action:

 

Discussion Item-no Commission action required.

 

Attachment(s):

 

Exhibit 1-       G&S Report