2020 Recommendations

Number Recommendation PD Response Status
20-1 OPO recommends IA investigators, as a matter of practice, identify disputed facts in an investigation, provide the available evidence for both sides of the dispute, and document them clearly so that the designated person can make fully informed determinations on how to view the disputed facts. CM, will have the IA staff update the template for approval to guide future reports In Progress
20-2 OPO recommends SPD either update the function of their review boards to critically analyze officer’s tactical conduct and make findings similar to LVMPD and/or enhance the chain of command review function of categorical uses of force similar to LAPD that examine officer’s tactics and uses of force that result in specific findings. CM stated that an outline has been developed and that he will ask IA to work with the OPO to determine is any enhancements should be instituted. In Progress
20-3 SPD ensure officer safety is at the forefront of every tactical review and ensure that every officer follows established training and procedures, particularly in high risk events. Officers who take unnecessary risks or put other officers or the public in unnecessary danger should be immediately referred for additional training Training Staff at the Academy was directed to incorporate high risk vehicle stop training into future in-services. Additionally the deployment of the K9 was analyzed and the K9 policy was updated to provide clearer guidance for K9 deployment Completed
20-4 OPO recommends reinforcing in training that when officers test compliance of subjects, they give them an opportunity to respond to commands before making the decision to use force, if feasible. This opportunity for compliance should also be critically looked at as part of a tactical review following any use of force SPD has incorporated on-going training into its de-escalation curriculum and has committed to training on these topics into perpetuity On Going
20-5 SPD continue to reinforce its new De-escalation policy through training, encouraging officers provide many opportunities for compliance before resorting to using force. Officers should fully consider other alternative means before resorting to using force, if feasible. A separate de-escalation policy was created to ensure the importance of de-escalation. Training is on-going Completed/On-Going
20-6 SPD re-evaluate its culture of accountability on both direct and indirect levels. Supervisors should randomly audit the BWC videos of their officers to safeguard against problematic behaviors, working to recognize and change problematic behaviors before they become issues through a strong mentoring program. Any reviewing authority, whether in an ARP or in a chain of command review, should critically examine incidents in order to limit liability. Due to current labor law supervisors are not authorized proactively audit BWC footage. SPD is hoping to include this in future contract negotiations Completed/On-Going
20-7 SPD research best practices to update its K9 guidelines to a policy. The OPO is ready to collaborate with SPD to research different K9 models (i.e. on leash and off leash) and their implications for liability on the Department and the City The K9 deployment policy was updated in 2020. The policy will continue to be a living document Completed
20-8 SPD should consider reducing or removing exceptional techniques from its policies, manuals, guidelines, and any other guiding documents and training to reduce department liability. SPD should also consider listing every device that an officer can use in utilizing force. By limiting the force options an officer has, the Department is likely to reduce liability. Partially Implemented
20-9 SPD clearly define the allegations of misconduct against an officer at the beginning of a review or investigation and document if the allegations are later modified and the subsequent reasons for doing so New process will be documented in the Internal Affairs SOP manual and each employee assigned to Internal Affairs, as well as the ARP members, are trained to follow this protocol In Progress
20-10 SPD create a standard format and procedures for supervisors to utilize when conducting chain of command reviews. Internal Affairs will update the IA SOP to reflect the method that should be used when providing a review through the chain of command In Progress
20-11 SPD safeguard the due process rights for its officers by forbidding all informal and formal interactions by the chain of command with an officer that is currently undergoing an IA Investigation and/or a chain of command review regarding the matter with the exception of formally recorded interviews. Since this report all findings related to Blue Team reports and investigations are now determined by the Assistant Chief or the Chief Implemented
20-12 SPD clearly designate who maintains the disciplinary authority to ensure an officer is not disciplined more than once for the same offense. Further, all discipline issued should be immediately documented for the record and any subsequent discipline issued should explain whether it is in addition to previous discipline or if the previous discipline issued has been rescinded or modified. Since this report all findings related to Blue Team reports and investigations are now determined by the Assistant Chief or the Chief Implemented
20-13 SPD promptly initiate an IA investigation under the requirements of SPD Policy 301.14.3 in all cases. This will ensure an officer’s right to due process, proper notification of the Police Ombuds, and an impartially conducted investigation by IA. SPD's policy manual was updated shortly after this incident to address this issue Completed
20-14 SPD’s Chief insist upon policy compliance by senior members of his staff. Impartial IA Investigations should be initiated for any misconduct that would not be considered minor. SPD already had a policy that required initiating an IA investigation, but it was not enforced. Strong policies set the standards of acceptable conduct, but those policies are only effective if they are clearly defined and enforced. SPD updated its policy and disseminated its updated policy related to Blue Team reviews and identification of potential misconduct to the entire agency Completed
20-15 SPD explicitly require an IA investigator to initiate a complaint investigation when he or she is made aware of potential allegations of misconduct. The expectation is that the IA supervisor ensure the appropriate Bureau supervisor initiate the IA Investigation or bring to the attention of a higher rank Not Implemented
20-16 OPO recommends documenting all investigatory steps taken in a review or investigation for consistency across the board in investigations and reviews conducted Implemented
20-17 SPD update its Administrative Investigation Format policy to require IA Investigators to critically evaluate evidence by conducting credibility assessments, identifying disputed facts, and providing other relevant information to the investigation. Internal Affairs will update the IA SOP to reflect this recommendation as part of the template for summary reports In Progress
20-18 SPD require its IA investigators sign a Recusal Form as part of their investigation. SPD Internal Affairs will develop a form that encompasses the concerns brought forward in this recommendation Implemented
20-19 OPO recommend a strong Graham statement to begin any review of a use of force. CM will direct IA to collaborate with the OPO on what that template should look like In Progress
20-20 OPO recommends that if SPD uses a subject’s history as part of its determination, it should limit the information to what involved officers knew at the time of the incident, and include the officers' applicable history in its consideration. SPD utilizes an Early Intervention System that flags employees who have met a pre-determined threshold for uses of force, pursuits, collisions and complaints Implemented
20-21 ARP, or IA in its investigation, note any discrepancy in facts and disputed evidence and make a determination of each matter. The ARP should arrive at a finding for every allegation in a case. The ARP should also critically evaluate any other additional policies and training guidelines that may apply. SPD agrees with this recommendation. This recommendation will be part of the updated template used by IA In Progress
20-22 SPD consider shortening the timeframe for release of BWC and records related to both critical incidents and community impact cases to be in line with industry standards of 45 days or less, subject to applicable exemptions. SPD spoke with City Legal regarding the release of BWC footage more quickly. At times the release of BWC footage may be delayed due to investigative processes that must be followed to protect the integrity of the investigation Not Implemented
20-23 SPD update its Policy 703.11, Release of Body Camera Videos to maintain compliance with case law on public record requests that involve internal investigation records SPD relies heavily on City Legal to ensure they are complying with all laws and will request clear guidelines to ensure they are following case law In Progress

Contact Information

Office of Police Ombuds
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Spokane, WA 99201
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Fax: 509.625.6748
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opo@spokanecity.org

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Police Ombuds

Luvimae Omana
Deputy Ombuds

Christina Coty
Executive Assistant

Tim Szambelan
Police Ombuds Attorney