2021 Recommendations

Number Recommendation PD Response Status
21-1 The OPO recommends changing duty to intervene policy to include suggested language to be in compliance with new state laws and NACOLE best practices. SPD updated the Use of Force policy (301) in July of 2021 which addresses the “duty to intervene and to render aid.” This was related to Senate Bill 5066 being passed by State legislation. Implemented
21-2 The OPO recommends SPD maintain and not expand its current policy of Administratively Suspending complaints in which a lawsuit or claim for damages has been filed to include not investigating matters which may lead to a lawsuit or claim for damages. IA Investigators should fully investigate complaints it receives independent of potential lawsuits or future claims for damages until the complainant indicates or IA learns a lawsuit or claim for damages has already been filed. CM stated that on direction from City Legal, attorneys who are attempting to contact Internal Affairs or any other SPD unit should be directed to contact City Legal. CM will ensure policy is updated to reflect this practice. Not implemented
21-3 The OPO recommends IA formalize its practice of advising individuals the call is being recorded at the onset of a conversation before any substantive discussion occurs by requiring it in the IA SOP. If providing an advisement was overlooked, the investigator should provide the advisement immediately after they realize it had been omitted. CM stated that as a result of conversations with between the OPO and the Internal Affairs Lieutenant, the Internal Affairs SOP was modified to include the advisement at the onset of conversations. Implemented
21-4 The OPO recommends SPD reinforce its commitment to de-escalation both in practice and review, especially with the Use of Force Review Board. SPD should also consider implementing officer feedback from the Review Board which includes other techniques which could have been considered, if any were identified. SPD already has a thorough de-escalation policy, however the interpretation and enforcement of it should be consistent with SPD’s stated value of using force only when necessary. CM stated that suggestions from this recommendation have been added to the template for use during the SPD’s monthly Use of Force Review Board analyses. Implemented
21-5 The OPO recommends SPD specify in its policy the restrictions or considerations an officer should consider when a TASER or 40 mm Blue Nose Launcher is deployed and if a 40 mm Blue Nose Launcher is encouraged, discouraged, or prohibited as a force option for juveniles. SPD Policy 308.7.3 and 308.8.6 provides deployment considerations for the 40mm “Blue Nose” less-lethal munition and Taser application; which include distance, angle to target, type of thickness of clothing, subject's proximity to others, location of the subject, subjects physicals (age, pregnancy, weight) etc. Implemented
21-6 The OPO recommends SPD include as part of its evaluation of whether collisions are preventable or non-preventable, the totality of the circumstances to include tactical considerations, similar to force applications, which include the officer’s actions leading up to a collision rather than just the officer’s actions at the moment the collision occurs. CM stated that the analyses conducted during Collision Pursuit Review Boards {CPRB) currently touch on topics such as training, demeanor, report writing, Policy/SOP, and post-care/First-Aid. The Department considers the officer’s driving behavior immediately prior to the collision and whether the driving behavior was a direct or proximate cause of the collision itself. If there is misconduct unrelated to the proximate cause of the collision, it is addressed in a separate Internal Affairs investigation. Not implemented
21-7 The OPO recommends the department work with risk management to evaluate liability in collisions and ensure it is clearly spelled out in policy 706.2.2(D). CM stated that the SPD is currently working with the City’s Safety Coordinator and Risk Management company in order to determine if there are any policy changes that we need to address. In progress
21-8 The OPO recommends the department clearly define the expectations of “Readily Available” and “Limited Personal Use” in policy to ensure officers know exactly what is allowed when taking home a city-owned vehicle. The officers assigned a take home vehicle should also acknowledge their responsibilities for this unique privilege annually. CM stated that effective 2022, the Administrative Captain will send an e-mail to “all police” each year reminding those assigned a take-home vehicle to review Policy 706. Additionally, this policy will be attached to the e-mail. SPD is in the process of updating the policy to include guidance on the terms “readily available” and “limited personal use.” Partially implemented / In progress
21-9 As previously recommended in Closing Report C19-040, recommendation #2 where I recommend SPD either update the function of their review boards to critically analyze officer’s tactical conduct and make findings or enhance the chain of command review function of categorical uses of force that examine an officer’s tactics and uses of force that result in specific findings. CM stated that all uses of force are reviewed for compliance to SPD policy through the Chain of Command with a final determination of appropriateness made by the Chief’s office. Ideally, most items that need to be addressed are addressed through the Chain of Command. Implemented
21-10 As previously recommended in Closing Report C19-040 recommendation #10, I recommend SPD create a standard format and procedures for supervisors to utilize when conducting chain of command reviews. SPD established a standard format that includes the following: Incident #, Date, Involved Officer, Reviewing Supervisor, BWC Footage, Incident Summary, Officer Interview not documented in police reports, Witness interview not documented in police reports, Any relevant clarifyinh information and observations, Sergeant Findings, Recommended Finding. All Supervisors have been instructed to use the format that has been provided. Implemented
21-11 I recommend that SPD reevaluate the circumstances in which a pursuit may be authorized to eliminate ambiguity for officers and ensure strict compliance with the provisions of HB 1054. SPD should also ensure an evaluation of the factors leading up to the pursuit to determine if a pursuit may have been avoidable similar to a use of force. SPD revised its policy pursuant to House Bill 1054 in July 2021. Sections that were updated pursuant to State legislation include SPD Policy 314.2.1, which explains the definition of a vehicle pursuit and under what circumstances officers may initiate a pursuit, and SPD Policy 314.2.2, which details when officers shall terminate a pursuit. Implemented
21-12 As previously recommended in Closing Report C19-040, recommendation #8, I recommend SPD consider reducing or removing exceptional techniques from its policies, manuals, guidelines, and other guiding documents and training to reduce department liability. SPD should also consider listing every tactic or device that an officer can use in utilizing force that the Department explicitly approves. SPD’s Use of Force policy was modified pursuant to State legislation passed in 2021, and the term exceptional technique was removed. Approved tactics and devices are listed in the Defensive Tactics manual. The “exceptional technique” category was designed to capture techniques outside the limited tactics taught by CJTC (whether those tactics were in compliance with policy or not). We are willing to work with your office to determine a method to accurately track this “other” category." Partially implemented
21-13 As previously recommended in Closing Report C19-040 recommendation #10, I recommend SPD create a standard format and procedures for supervisors to utilize when conducting chain of command reviews. As noted in the response to R21-10, we have developed a standard form. Implemented
21-14 A requirement that officers carefully monitor the subject for abnormal breathing when a subject states they cannot breathe during a physical encounter with the police and document any actions taken by an officer to assess the subject’s medical condition in a police report. CM stated that this recommendation was implemented during Fall 2021 In-service training. The department was trained on issues related to prone cuffing, the recovery position and to monitor a subject when he or she states they are having difficulty breathing or if they display abnormal breathing. Implemented
21-15 I recommend SPD require the UOFRB formalize its tactical analysis as previously recommended in the C19-040 Closing Report, Recommendation #2. The UOFRB should also respond formally to any request made to conduct a review. This memorializes the analysis the board conducts and closes the loop with the department leaders on outcomes on requests they make to evaluate critical cases. SPD is in support of this recommendation and have directed the UOFRB to respond formally to a request made to conduct a specific review. Implemented
21-16 I recommend SPD train its supervisors to get in the habit of initiating an IA complaint when they identify potential policy violations and then clearly define the allegations of misconduct being reviewed as previously recommended in the C19-040 Closing Report, Recommendation #9. SPD agrees with this recommendation and are including this training in future Sergeant Academies and will train on this during the March Sergeant monthly training, as well as the March Senior Staff meeting. In progress
21-17 As officers regularly respond to traumatic events, I recommend SPD provide Trauma Informed Interview Training to all officers in an appropriate upcoming trianing event. CM Stated that the Department typically holds three in-service sessions for the entire agency each year. In progress

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