This document provides a summary of a review and assessment of the Miami Beach Police Department conducted by the Police Executive Research Forum in June 2014. The assessment focused on five areas: use of force policies and reporting; recruitment, hiring and promotions; training; accountability and early intervention systems; and bias-free policing. The assessment was based on over 50 interviews with city leaders, police staff, and officers, as well as a review of department policies, training materials, and other documents. The report provides an overview of the department and city, and details findings and recommendations regarding each of the areas of focus.
This document provides a summary of a review and assessment of the Miami Beach Police Department conducted by the Police Executive Research Forum in June 2014. The assessment focused on five areas: use of force policies and reporting; recruitment, hiring and promotions; training; accountability and early intervention systems; and bias-free policing. The assessment was based on over 50 interviews with city leaders, police staff, and officers, as well as a review of department policies, training materials, and other documents. The report provides an overview of the department and city, and details findings and recommendations regarding each of the areas of focus.
Original Description:
Miami Beach Police Department Review and Assessment (PERF Report) June 2014
This document provides a summary of a review and assessment of the Miami Beach Police Department conducted by the Police Executive Research Forum in June 2014. The assessment focused on five areas: use of force policies and reporting; recruitment, hiring and promotions; training; accountability and early intervention systems; and bias-free policing. The assessment was based on over 50 interviews with city leaders, police staff, and officers, as well as a review of department policies, training materials, and other documents. The report provides an overview of the department and city, and details findings and recommendations regarding each of the areas of focus.
This document provides a summary of a review and assessment of the Miami Beach Police Department conducted by the Police Executive Research Forum in June 2014. The assessment focused on five areas: use of force policies and reporting; recruitment, hiring and promotions; training; accountability and early intervention systems; and bias-free policing. The assessment was based on over 50 interviews with city leaders, police staff, and officers, as well as a review of department policies, training materials, and other documents. The report provides an overview of the department and city, and details findings and recommendations regarding each of the areas of focus.
Police Executive Research Forum 1120 Connecticut Avenue NW, Suite 930 Washington, DC 20036
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................4 SCOPE OF WORK ..........................................................................................................................4 METHODOLOGY ............................................................................................................................5 FINDINGS .....................................................................................................................................6 AGENCY OVERVIEW ..............................................................................................................21 MAJOR ELEMENTS ASSESSED ............................................................................................24 RECRUITMENT, SELECTION, HIRING AND THE PROMOTIONAL PROCESS .........................................24 RECRUITING ............................................................................................................................................ 24 BACKGROUND INVESTIGATION AND SELECTION OF POLICE OFFICERS ............................................................ 25 PROMOTIONAL PROCESS .......................................................................................................................... 26 USE OF FORCE ...........................................................................................................................28 POLICY ................................................................................................................................................... 28 USE OF FORCE TRAINING ......................................................................................................................... 32 TACTICS ................................................................................................................................................. 33 REPORTING AND REVIEW PROCESS ........................................................................................................... 34 DOCUMENTATION..................................................................................................................................... 38 DEPARTMENT TRAINING ..............................................................................................................41 RECRUIT / POST ACADEMY TRAINING ......................................................................................................... 41 FIELD TRAINING PROGRAM ....................................................................................................................... 42 ANNUAL MANDATORY RE-TRAINING ........................................................................................................... 43 SPECIALIZED TRAINING............................................................................................................................. 44 FIRST-LINE SUPERVISOR TRAINING ........................................................................................................... 45 COMMAND .............................................................................................................................................. 46 ACCOUNTABILITY SYSTEMS ........................................................................................................47 INTERNAL AFFAIRS ................................................................................................................................... 47 EARLY INTERVENTION SYSTEMS ................................................................................................................ 53 OFF-DUTY AND SECONDARY EMPLOYMENT ................................................................................................ 59 POLICE PURSUIT ..................................................................................................................................... 70 SUBSTANCE ABUSE ................................................................................................................................. 73 BIAS-FREE POLICING ..................................................................................................................78 OFFICER TRACKING AND MONITORING ....................................................................................................... 78 RECRUIT AND IN-SERVICE TRAINING........................................................................................................... 78 DEALING WITH COMPLAINTS OF BIAS ......................................................................................................... 79 EFFORTS TO ADDRESS UNCONSCIOUS BIAS ............................................................................................... 79 FURTHER CHALLENGES ............................................................................................................................ 79 ADDITIONAL IDENTIFIED DEPARTMENT MATTERS ..........................................................................80
ORGANIZATIONAL RELATIONSHIPS ............................................................................................................. 80 SPECIAL ASSIGNMENT ROTATION .............................................................................................................. 80 IMPAIRED DRIVING ................................................................................................................................... 81 CRISIS INTERVENTION TEAMS ................................................................................................................... 82 CONCLUSION ..........................................................................................................................84
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 4 EXECUTIVE SUMMARY In February 2014, the Police Executive Research Forum (PERF) was contracted by the City of Miami Beach to provide a review and assessment of the Miami Beach, FL Police Department (MBPD). The study was a result of several high profile police incidents that had occurred over the last several years. In 2011, a Memorial Day police-involved shooting, followed two months later by an inebriated police officer riding an all-terrain vehicle on the beach striking and injuring two pedestrians, led to significant changes and increased accountability within the MBPD. But an August 2013 incident involving the death of a young man following an electronic control weapon deployment prompted the city to request an external review of the agency. Of note, the focus of this study was to examine how the department operates today, and NOT how the department operated under previous chiefs or elected administrations.
As part of the assessment process, PERF conducted an on-site visit from February 24-27, 2014. The on-site visit included five team members. PERF conducted over 50 interviews. Interviewees included city leaders, the police chief, command staff, unit supervisors, and focus groups. The MBPD provided documents for review prior to the teams on-site visit including policies, personnel agreements, training materials and other departmental information.
The City of Miami Beach is located within Miami-Dade County in southeastern Florida. The city is a barrier island of approximately seven square miles in land area. Miami Beach is a popular coastal resort community with beaches, entertainment, and cultural activities with well- known venues including the Art Deco Historic District and Ocean Drive. It is a popular location for domestic and international tourists, seasonal residents, and year-round residents. The city had an estimated 2012 population of 90,588 residents 1 but reaches several hundred thousand for special events and weekends.
Scope of Work The City of Miami Beach requested PERF to conduct its assessment of the MBPD concentrating on five areas:
1. Evaluation of the use of force and reporting processes; 2. Evaluation of recruitment, selection, hiring and promotion of officers; 3. Evaluation of departmental training;
1 US Census Bureau QuickFacts, http://quickfacts.census.gov/qfd/states/12/1245025.html Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 5 4. Assessment of the departments accountability practices, early intervention system, internal affairs procedures, and off-duty employment policies and practices; and 5. Evaluation of the departments policy, training and practice to prevent biased based policing. These specific topic areas were examined in relation to the departments overall policies, procedures and practices. PERF focused particular attention on the MBPDs people, values, and organizational culture.
At the request of city leaders, PERF included the assistance of Greenwood and Streicher, LLC, a Cincinnati based consulting firm specializing in policing and government accountability solutions. Coordination of the project was provided by the citys Office of Emergency Management.
Methodology PERFs assessment of the MBPD was a targeted approach concentrating on high risk and sensitive issues. Three primary methodologies were used for the collection of information: personal interviews; the collection, review and analysis of available data; and personal on-site observations.
Documents provided by the city and department and reviewed by PERF included: UCR crime records for the last three years, MBPD position allocations for the last three years, All agreements with employee organizations, Contracts, memorandums of understanding, mutual aid, etc. between the MBPD and other justice or law enforcement agencies which have an impact on city police services, Prior assessments and staffing studies of the MBPD, Use of force reports and internal affairs investigations, MBPD statements of mission, vision and values, Department policy and procedures, Department training courses and curricula, and Department reports including strategic plans and annual reports. PERFs analysis of information was both quantitative and qualitative. PERF identified current conditions and business practices, then compared them to progressive practices in policing, considering the MBPDs beach, entertainment and cultural policing environment. Interviews conducted with over 50 stakeholders examined previous high profile police incidents, current department practices, departmental policy, training, and community views and expectations. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 6 Findings Overall, PERF found the Miami Beach Police Department to have the characteristics of an effective law enforcement agency. The department is accredited through the Commission on Accreditation for Law Enforcement Agencies (CALEA) and, following a Gold Standard Assessment in March 2013, received the Accreditation with Excellence Award. This report contains recommendations that the department can use to further improve its operations. A list of these recommendations and the section of the report to which they belong is below.
Organizational Structure
Recommendation: The MBPD should consider flattening the organizational structure at the executive level thus improving the accountability and efficiency of command level personnel. In addition, consideration should be given to combining the Support Services and Technical Services Divisions under the command of one senior executive who, along with the Operations Division commander, would report directly to the chief of police.
Recruitment, Selection, Hiring and the Promotional Process
Recommendation: The MBPD should establish a diverse selection review committee comprised of four department members of four different ranks, one Department of Human Resources personnel expert, and one community member to evaluate and rate future police applicants. The group should review all eligible applicants in a formal process, rating each qualified applicant as either above average, acceptable, or not a good candidate for the agency. The chief would then review the committees recommendations and, with final approval of the Department of Human Resources director, select the best candidates for the city. The inclusion of both a Department of Human Resources personnel expert and a Miami Beach community member bring diversity and transparency to the process. The community member should be a volunteer position approved by the department and available to serve a two year term.
Recommendation: The city and MBPD should negotiate alternatives to the current contract so that the chief of police has the ability to select promotional candidates from a group of top candidates rather than having to select the highest ranked candidate. The ranks of sergeant and lieutenant are key positions within a law enforcement agency. The chief of police should have the ability to select promotional candidates based on the agreed upon testing process as well as candidates interpersonal skills, work performance, Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 7 leadership capabilities, and for the best interests of the agency. This can be accomplished by providing the chief with a small group of candidates to select from for each promotional opportunity. Many law enforcement union contracts allow the chief to select any one of the top three (or top five) highest scoring candidates.
Use of Force
Recommendation: The MBPD should amend the term used to describe the Taser from the currently used Conducted Electrical Weapon to Electronic Control Weapon (ECW). In 2011, PERF and the U.S. Department of Justices Office of Community Oriented Policing Services released the 2011 Electronic Control Weapons Guidelines publication 2. The book serves as a guideline for all agencies regarding policy, training, use, medical considerations, reporting and accountability, and public information and community relations. The publication specifies the change in terminology from Conducted Energy Device and other terms to Electronic Control Weapon.
Recommendation: The MBPD should refer to the ECW in all MBPD documents and practices, including the Supervisors Report of Control of Persons, as Less-Lethal force rather than the currently used term Non-Lethal.
Recommendation: The MBPD should review and change General Order 13-03, subsection 4 which states, The CEW can be utilized by deploying the probes or using the drive stun. The policy should state Officers deploying the ECW are discouraged from using the weapon in the drive stun mode as a pain compliance technique. The drive stun mode should be used only to supplement the probe mode to complete the incapacitation circuit, or as a countermeasure to gain separation between the officer and the subject so that the officer can consider another force option.
Recommendation: The MBPD should add additional language to General Order 13-03, subsection 4 which states that when deploying the ECW, use of the CEW shall be discontinued once compliance is achieved. In order to provide further clarification to this directive, it is recommended that language be inserted to the effect that Personnel should use an ECW for one standard cycle (five seconds) and then evaluate the situation to determine if subsequent cycles are necessary. Personnel should consider that exposure
2 http://cops.usdoj.gov/Publications/e021111339-PERF-ECWGb.pdf Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 8 to the ECW for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury. Any subsequent applications should be independently justifiable, and the risks should be weighed against other force options.
Recommendation: The MBPD should conduct random audits of ECW data in order to reconcile existing use of force incidents with recorded activations. After each use of an ECW, a download of weapon data should occur and a printout kept along with the use of force investigation. General Order 13-03 Conducted Electrical Weapon (issued 4/25/13 and supersedes SOP-17-Use of Force), makes no mention of downloading data from each assigned ECW (Taser), either randomly or following the use of the weapon. Such data provides clear evidence to show whether an ECW was deployed and whether the recommended five-second cycle was exceeded.
Recommendation: The MBPD should have supervisors conduct daily roll-call inspections of all personnel in order to verify that all officers are carrying all required less-lethal weapons currently available to them. It is imperative to ensure that each officer assigned to street duty has both the Aerosol Deterrent Spray and the ECW available as less-lethal tools for any encounter. This gives the officer several options other than resorting to the use of a firearm.
Recommendation: The MBPD no longer trains its officers to perform Applied Carotid Triangular Restraint (ACTR), and does not recertify any officers; therefore the MBPD should remove the ACTR from the use of force policy.
Recommendation: The MBPD should mandate a second yearly firearm qualification course that is scenario based and tactically oriented. Scenario-based training will be well received by officers and is critical to ensuring the department is reviewing the use of force policy and preparing its officers for critical incidents including active shooter situations, potential cross-fire situations, and use of concealment and cover.
Recommendation: The MBPD should require officers to complete a Control of Persons report form for those instances when they use force but which do not rise to the requirement that a supervisor complete the form. The current policy, SOP 017, section V. Reporting Use of Force Incidents, does not require a supervisor to complete the Supervisors Report of Control of Persons form when the use of force does not result in an injury to the subject, when it is not likely to cause an injury to the subject or when the Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 9 subject does not complain of an injury. Officers may document their use of force on their incident report but there is no systematic way that these reports can be retrieved. Therefore, the department does not have a complete view of the frequency and outcomes of the use of force by officers. The annual report submitted by the Internal Affairs commander is based on Control of Persons reports, not on all episodes were force was used.
Recommendation: The MBPD needs to revise SOP 117 section IV.B.1.f, which limits the officers contact to an attorney, an immediate family member, and/or a member of the clergy or counselor, to include contact with a supervisor, who according to section IV.B.2. a.4) is required to debrief the officer to ascertain if the officer, subject or any other person is injured, if there are suspect at large, and the extent of the scene.
Recommendation: The MBPD should revise SOP 017 to specify that the same reporting and investigative process will be used whenever deadly force is used regardless of the outcome. It was reported to PERF interviewers that the same process is used regardless of outcome. The policy needs to be revised to mandate this.
Recommendation: The MBPD should create a Use of Force Review Board (UFRB) to review all cases involving use of force, both serious and minor. Not only should cases involving firearms, use of an ECW, apprehension involving a K-9 bite, or any other case involving serious injuries to officers and/or arrestees be assessed, so should cases where no injury occurs. The function and operation of the panel can be handled in a similar way to the Internal Affairs Investigations Disposition Panels already in existence, and governed by General Order #12-05. The Internal Affairs Unit, which currently conducts quarterly statistical analyses of use of force cases (on average 210 cases per year) where the Control of Persons report is used should have the ability to recommend that certain cases that meet specific criteria be sent to the UFRB.
It is recommended that a UFRB meet at least every two months. The board should consist of a deputy chief or major chairing the group, two captains, and the manager of the training unit.
The purpose of the board is to analyze each use of force, discuss the merits of the case, and identify administrative sanctions, commendations, or training needs for each case. Specifically the board should review each case with respect to:
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 10 Compliance with MBPD policies; Whether proper tactics were used by the officer(s); Assessment of risk management issues for the department; Adequacy of training; and Whether the level of force was appropriate for the incident.
After thorough review of each case by the board, the board should recommend whether further action is needed. If further action is needed the case should be returned to Internal Affairs for follow-up.
Recommendation: The MBPD should include language in each Memorandum of Understanding for assistance specifying that visiting officers must abide by MBPD use of force policies. Furthermore, the MBPD should conduct recurring training sessions to officers of outside agencies who regularly operate in the city of Miami Beach, on MBPD use of force policies and reporting requirements. Completion of such training should be a requirement for outside officers to work either on-duty or off duty in Miami Beach.
Department Training
Recommendation: The MBPD should update the Field Training Manual to reflect the departments switch from utilizing a use of force matrix, or continuum, to using a system of objective reasonableness, in which officers are required to gauge the level of a subjects resistance, and respond with the appropriate level of force based on totality of circumstances. This change is keeping with progressive practices and the landmark U.S. Supreme Court case Graham v. Connor (490 U.S. 386).
Recommendation: The MBPD should require an additional 20 hours of annual mandatory re-training for each officer. Although the department meets the minimum FDLE requirement with 10 hours each year, this is a limited amount of time to cover a variety of important topics for a modern and progressive police agency. This additional training should include contemporary local or national law enforcement issues that will likely have an impact on policing in Miami Beach.
Recommendation: The MBPD should include in upcoming annual mandatory re- training sessions training specific to the topic of de-escalation and minimizing the use of Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 11 force. A July 2013 PERF publication titled Civil Rights Investigations of Local Police: Lessons Learned 3 reveals that police use of force has been one of the primary issues behind the U.S. Department of Justices (USDOJ) investigations of local police departments for civil rights violations. One of the key aspects identified by USDOJ in each mandate is the use of de-escalation techniques. De-escalation techniques involve the ability of the officer to reduce or eliminate force as resistance decreases or stops. De- escalation can also include the use of verbal skills to bring a peaceful conclusion to a potentially confrontational event. This can be critical when dealing with subjects exhibiting erratic or dangerous behavior due to mental illness, medical impairments, or the influence of alcohol or drugs.
Recommendation: The MBPD should consider training all officers to deal with civil disturbances with large crowds by providing Mobile Field Force training. The department currently has a contingent of bicycle officers trained in the rapid response to crowd related issues using the bicycle as a crowd control tool. In addition, there is a regional civil disturbance team that has six MBPD officers assigned that can be activated upon request. But in Miami Beach, large crowds are a common occurrence and problems can arise quickly, leaving little time for response and regional assistance. Conducting Mobile Field Force training for all officers on civil disturbance response, techniques, and handling large crowds would be an asset to the agency. Conducting a yearly review of this response should be included in the departments annual mandatory re-training.
Recommendation: The MBPD should provide basic first-line supervisor training to new sergeants immediately following promotion by developing an in-house course. The course can be created using computer based instruction, required readings, and discussions with veteran sergeants and managers. By using adult based learning principles, the absence of a readily available traditional training course can be countered. The instruction must cover a variety of skills including basic responsibilities, department expectations, communication skills, performance evaluations, and handling critical incidents including use of force, ECW deployments, and responding to mentally ill subjects. Skills in maximizing procedural justice and de-escalation should be included. As openings become available for additional first-line supervisor training outside of the
3 Critical Issues in Policing Series, Civil Rights Investigations of Local Police: Lessons Learned. Police Executive Research Forum, July 2013. http://policeforum.org/library/critical-issues-in-policing- series/CivilRightsInvestigationsofLocalPolice.pdf
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 12 agency, the sergeants should be given the training in order to further their understanding of the position and its role and responsibilities. The department should continue its current practice of assigning a more experienced sergeant to the newly promoted sergeants for mentoring and assistance.
Recommendation: The department should institute a formal leadership development program to prepare future leaders. Components should include requirements for formal education, locally available leadership courses, and completion of at least one nationally recognized course such as the FBIs Executive Institute, PERFs Senior Management Institute for Police, Northwestern Universitys School of Police Staff and Command, or the Southern Police Institutes Administrative Officers Course.
Accountability Systems
Recommendation: The MBPD should fill the Internal Affairs deputy commander position with a lieutenant. This will allow for multiple layers of review of Internal Affairs investigators work product.
Recommendation: The MBPD should add a requirement to its standard operating procedure for the Internal Affairs function that members of the IA unit bring any conflict of interest that is related to a current investigation to the attention of their immediate supervisor and/or commanding officer and withdraw from such investigations. This action will help to support the City of Miami Beachs efforts to ensure objectivity, fairness, and equity in the MBPD IA function.
Recommendation: The MBPD should assemble a comprehensive policy and procedure manual that includes specific directives which address the various issues necessary to complete a fair and unbiased IA investigation, e.g. locating and interviewing witnesses, prohibiting leading or hostile questions, judging witness credibility, probing inconsistencies in witness/officer statements, obtaining medical records, and other investigative tasks.
Recommendation: The City of Miami Beach should identify the primary languages spoken within its jurisdiction by both residents and visitors so the MBPD can incorporate them into the publication of its current complaint/compliment forms.
Recommendation: The Miami Beach Police Department should periodically publicize its citizen complaint process and reiterate the access points for filing complaints against Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 13 or compliments in support of police officers. Currently complaints can be made via the departments web site but other venues can include community centers, chamber of commerce offices, libraries, home offices of local advocacy groups, and other centers for public gatherings.
Recommendation: The MBPD should add to the section of their standard operating procedure which pertains to IA investigations, language requiring and specifically directing the investigation of all incidents of collateral misconduct. Such investigations should be identified as Collateral Misconduct Investigations and be subject to the same closures as primary misconduct investigations. They should be reported as a separate category of internal investigations.
Recommendation: The MBPD should use the full functionality of the IAPro system incorporating all aspects of an effective Early Intervention System (EIS) including a data sharing principle that would allow access by appropriate supervisors and command personnel. Appropriate training should be provided to all supervisory/command personnel in the agency to familiarize each with the IAPro system, its potential benefit when used correctly, and to ensure effective implementation of the agencys EI system.
Recommendation: The MBPD should examine the extent to which there are differences in officer behavior depending on assignment, as measured by triggering the Early Intervention thresholds. Are officers as a group regularly assigned to the more active or risky beats and shifts in South Beach more likely to exhibit behaviors that approach or exceed the EI triggers than officers working the more placid beats and shifts in other parts of the city? If such comparisons show significant differences, the department should, at least temporarily, implement peer based comparison procedures as part of the EI system. Officer performance should be assessed against that of their group of peers who work in similar circumstances. However, if disparities are discovered based on work assignments, the department should put greater emphasis on training its officers in procedural justice and de-escalation techniques with the eventual expectation that a single set of thresholds would apply to all officers.
Recommendation: The MBPD should adopt an annual external police oversight mechanism such as an independent auditor, ombudsman, retired judge or prosecutor or other hybrid component to conduct a review of all internal affairs investigations. The U.S. Department of Justice has routinely mandated the creation of an external oversight component in consent decrees and memoranda of agreements during the past 15 years. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 14 Such documents serve as excellent references for the considerations involved in establishing an oversight mechanism.
Recommendation: The MBPD should implement a records management system, designed specifically for the IA function, that incorporates cloud-based technology to provide redundant backup systems in a secure environment. This system would permit personnel to utilize electronic tablets for note-taking, recording statements, data sharing, photographs, video production, and other functions during the investigative process, thus improving effectiveness and efficiency. Such a transition would also permit the office to be freed of clutter resulting from storage of closed case files maintained in compliance with records retention laws.
Recommendation: The MBPD should strongly consider implementing the use of officer body worn cameras. Technology in this field has improved significantly over the past five years and adoption of this equipment is widely seen as the wave of the future in policing. When used properly, these systems provide real-time audio and visual recordings of all incidents where an officer has invoked his or her authority as a public official. These recordings can greatly assist an agency in resolving complaints; identifying, collecting, and preserving evidence; enhancing training; and improving front- line supervision. Cloud-based, digital evidence management systems are also available which assist the agency in maintaining the integrity of its investigations. The U.S. Department of Justices Community Oriented Policing Services and the Police Executive Research Forum will soon be releasing policy and practice recommendations regarding the use of body worn cameras.
Off-Duty and Secondary Employment
Recommendation: The city should revamp its Off-Duty Employment Office and establish it as a coordination office that is free of influence and/or control of the police department. In addition, the city should consider creating a director position to act in an autonomous fashion although still governed by a highly structured set of rules and regulations specifically designed to enhance and maintain the integrity of the department and city government. The director would evaluate and coordinate off-duty details with an executive level MBPD staff member to ensure adequate controls and staffing are in place. Where concerns over the secondary employment system exist, these safeguards can serve as a major step in establishing control over the liability associated with off-duty paid details.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 15 Recommendation: The MBPD should mandate that all details are controlled and coordinated and that all officers are assigned by the Off-Duty Employment Office with the office configured separate of the MBPD as recommend above. The MBPD job coordinator position should be abolished and any closed details eliminated. The Off- Duty Employment Office should perform all the duties that have been delegated to the job coordinators and should be staffed appropriately. There should be no distinctions among the assignment processes based on the type of detail. Instead, the Off-Duty Employment Office should maintain a master calendar of all detail opportunities, along with a master list of employees desiring to work off-duty details. The initial officer list should be by seniority. Three weeks in advance of a detail, the first person on the list should be offered the opportunity to work the detail. If that person chooses not to work the detail, then the next person on the list is offered the opportunity, and so on down the list. Once an officer accepts a detail, his/her name goes to the bottom of the list. If a person refuses two straight opportunities to work, his/her name goes to the bottom of the list. This process will end detail ownership and will provide a fair and equitable process for those wishing to work off-duty details.
Recommendation: MBPD GO #13-08 section X.B.4 should be revised to prohibit employees from being responsible for finding a replacement Full-Time Sworn Officer if the employee is unable to work a scheduled off-duty detail. The employee should immediately notify the Off-Duty Employment Office, which will find a replacement. The MBPD should consider one of the available off-the-shelf personnel software scheduling tools to assist the agency in notifying and scheduling officers for off-duty details.
Recommendation: The Miami Beach Police Department should change SOP 011 section X.B.12 from Officers of a higher rank may work a detail coordinated by a lesser ranking officer to Officers of a higher rank are expressly prohibited from working a detail coordinated by a lesser ranking officer. This recommendation may be moot if the department eliminates the job coordinator position as recommended above.
Recommendation: The MBPD should mandate that a period of at least 15 minutes must exist between an officers on duty working hours and his or her secondary employment. This action would protect both the city and the secondary employer from paying for services which cannot possibly be provided (i.e., it is impossible for an officer to be in two places at the same time).
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 16 Recommendation: Although command staff positions may work certain types of off-duty jobs they should be prohibited from working off-duty details. The deputy chief, majors and captains should be removed from the list of those eligible for off-duty details. These management employees are salaried rather than hourly workers. They are not covered by the FOP contract and according to federal Fair Labor Standards Act provisions are not eligible for overtime. Working off-duty details diminishes their standing as command officers.
Recommendation: The MBPD should further restrict the number of hours an officer should be permitted to work secondary employment work on the days the officer is working. The department should prohibit officers from working more than 14 hours in a 24 hour work day 10 hours on duty and no more than four hours in off-duty details. The limitations on off-duty work provide protection against officers working an excessive amount of hours which can lead to reduced effectiveness and a lack of performance in either on, or off-duty capacities. The MBPD currently permits officers to work 72 hours in a work week (40 hours on duty and up to 32 hours off-duty) and 18 hours in a day (i.e.,10 hours in the regular shift and up to an eight hour detail before or after their regular tour of duty). This does not include off-time spent in court or overtime required by exceptional circumstances. Exhaustion may lead to health issues and other problems in ones personal and professional life, not to mention a reduced ability to function effectively. The department should consider redefining the current limit of 72 hours worked per week to include regular hours, off-duty details, and overtime.
Recommendation: The Miami Beach Police Department should expressly prohibit its employees from working off-duty as Personal Security Escorts as now permitted by SOP 0111, section XVI. Working as a body guard can easily create a conflict of interest and could impair an officers independence of judgment.
Recommendation: The MBPD should incorporate language in its off-duty request forms to remind the officer of his/her duties, obligations, and expectations. Although these issues are addressed in other rules and regulations, the annual registration and re- registration is a valuable tool in establishing the officers knowledge of his or her duties and responsibilities. It also serves as a reminder to the officer that he or she is not an independent contractor but instead an employee of the City of Miami Beach acting under the color of law. This requirement would also serve to counter any claim that an officer did not know, was not aware, or was never told that he or she was responsible to the city as an employee. This excuse occasionally surfaces in arbitrations where an employee pleads ignorance as an excuse for inappropriate behavior, somehow rationalizing that the Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 17 city is at fault for not having made them aware of their status as an employee of the city, despite working an off-duty detail in uniform and under color of law.
Use of Force Shooting at Vehicles
Recommendation: The MBPD should make it a high priority to update its Use of Force policy to simply and specifically state that officers are prohibited from shooting at vehicles unless the occupants are attempting to use deadly forceother than the vehicleagainst them. Such policy is a nationally accepted best practice. Shooting the operator of a moving vehicle does not result in a stopped vehicle it simply raises the chances of danger or injury from an uncontrolled vehicle.
Drug and Alcohol Testing
Recommendation: The city and the MBPD should develop clear and unambiguous policy and protocols that mandate alcohol testing for police officers on both a random and reasonable belief basis. Public confidence in the police department and the safety of both the public and police officers will be enhanced by testing aimed at precluding that officers are impaired by alcohol (as well as drugs).
Recommendation: The City of Miami Beach should expand its drug testing policies for the police department to include modern, commonly abused, synthetic drugs such as bath salts and performance enhancing drugs, such as steroids. Furthermore, the city should include alcohol in its testing policy as a means of enhancing its commitment to creating the safest possible operating environment for both internal and external customers. These expansions to the current policy would bring the City of Miami Beach in line with contemporary best practices and help to hold its police officers to a high standard of accountability.
Recommendation: The City of Miami Beach should strengthen its substance abuse policies governing the MBPD as follows. The departments policies should replicate the citys policies as a method of reiterating the importance of officers working without impairment. MBPDs policy, as cited in city policy, should:
Clearly identify the conditions which trigger tests administered for drugs and/or alcohol, i.e. pre-employment, random, reasonable suspicion, post-crash and serious use of force, return to duty, and follow up. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 18 Define any incidents where drug and/or alcohol testing is mandated, e.g. immediately following an officers involvement in a critical incident. Policy should include a prohibition from drinking any alcoholic beverages or ingesting any drug until after testing has been completed. Define exactly which supervisor(s) can make a decision regarding reasonable suspicion testing and the specific criteria that personnel must consider in making such a decision. Include language requiring every employee to immediately report to a supervisor or commander, any knowledge or suspicion they have that a fellow employee may be under the influence of drugs and/or alcohol while on duty. This mandate should also include language which requires all employees to immediately report themselves to a supervisor if they have reported for duty under the influence of any alcohol or drug, including prescribed medications, which may impair performance. Include language which prohibits the use of alcohol for a specified amount of time before reporting for ones tour of duty, e.g. 8 hours prior to performance of duty. Include language which provides guidance for action if an employee tests positive for alcohol yet the BAC is less than 0.04%, such as immediate relief from duty and restriction from returning to duty for a specified period of time (24 hours) plus follow up testing to determine his or her level of sobriety. The city has benchmarked 0.04% as the threshold for determining a positive alcohol test. There is no language directing action for a person who tests between 0.02 and 0.039% therefore, it appears as though such an incident would simply be ignored. This is a critical consideration as police officers may be required to make split- second decisions about the use of deadly force or operate a vehicle under emergency conditions during their tour of duty. Mandate employee training to include the distribution of educational materials regarding these requirements and methods for meeting such requirements. Define a specific training period for all employees to ensure awareness of the Citys policies, procedures and protocols. Mandate specific annual training for all supervisors on the various performance indicators of probable drug or alcohol use/impairment. The training should also include instruction on the specific duties and responsibilities of all supervisors should they be confronted with such a situation including the report of such conditions from a fellow employee or a member of the public.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 19 Bias-Free Policing
Recommendation: The MBPD should address perceptions of racial bias in its special events operations by engaging in targeted outreach to civil rights, civil liberties, and minority rights advocacy groups. This will assist in improving its relationships with various advocacy groups and members of the public. In addition, the City should consider creating a special events coordinator position within the department as discussed in the off-duty details section.
Additional Identified Department Matters
Recommendation: The MBPD should review duty assignments particularly among the Special Operations Units Assertive Crime Enforcement, Crime Suppression Team, and Strategic Investigations Squad to ensure that periodic rotations are occurring for both officers and sergeants. Proactive prevention measures such as rotation of duty assignments in areas described above should be part of any agencys misconduct prevention strategy. A maximum 4-year assignment in the Special Operations Unit would provide officers throughout the department with an opportunity to serve in these specialized units as well as provide fresh perspectives and diversity in the units.
Recommendation: The MBPD should enhance its DUI enforcement efforts through the combined use of the Motor Squad, the Special Operations Units Assertive Crime Enforcement Squad and two Crime Suppression Teams. These units, working together as part of their regular enforcement duties using saturation patrols and occasional DUI checkpoints, would enhance the departments DUI enforcement efforts and combat other potential criminal acts discovered through traffic enforcement.
Recommendation: The MBPD should implement crisis intervention training in both post academy and its yearly in-service training. Based on the number of mental health and alcohol related incidents the agency responds to, crisis intervention training is a necessary and practical tool.
Recommendation: The city and the MBPD should establish crisis intervention teams that are a combination of law enforcement officers and mental health providers. Such teams in other jurisdictions are often available seven days a week and dispatched by 911 operators. The teams are most often used in police encounters with mentally ill persons, suicidal threats, emergency commitments, drug and alcohol related crisis, and situational Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 20 crisis. Incorporating a working team of officers or combination of officer and mental health providers specially trained to handle crisis intervention events would serve as an asset to the city. A model to be examined is in place in the Palm Beach County Sheriffs Office.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 21 AGENCY OVERVIEW The Miami Beach Police Department (MBPD) is a full-service law enforcement agency comprised of an authorized 387 sworn officers and approximately 86 civilian personnel. The department previously had 157 civilian personnel but recently reassigned the 911 communication center responsibilities to the citys Office of Emergency Management.
The department is accredited through the Commission on Accreditation for Law Enforcement Agencies (CALEA). Following a Gold Standard Assessment in March 2013, the agency received the Accreditation with Excellence Award. The Gold Standard Assessment for CALEA is a voluntary assessment that focuses on processes and outcomes associated with standards specific to the agency. It is designed to measure the impact of accreditation as compared to just confirming compliance. 4
Sworn officers at the rank of officer, sergeant, and lieutenant are all represented by the Miami Beach Fraternal Order of Police Lodge 8 (FOP). Command level personnel serving as captains, majors, and the deputy chief, all serve at the selection and pleasure of the chief of police. An individual serving in this capacity can be demoted from this position and return to their previously held position of lieutenant or below unless the reason for demotion is misconduct resulting in discipline and termination.
As part of PERFs review and assessment preparation process, it conducted a broad review of the MBPDs current organizational structure. The focus of this review and follow-up discussion with command personnel centered on the following areas:
Is the departments structure in line with the structure of comparable agencies? Does the departments structure correspond to what the professional knowledge of the study team has discovered to be efficient and effective in terms of efficient allocation of personnel and effective matching of organizational units to tasks? What alterations are needed in the structure to help the department implement its strategic vision?
4 http://www.calea.org/content/calea-gold-standard-assessment Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 22 The departments organizational chart follows:
Office of the Chief of Police
Internal Affairs
Community Affairs Office
FOP
Financial Management
Grants Management and Public Safety Special Projects
The MBPD is organized into three divisions: Operations Division, Support Services Division, and Technical Services Division. The Support Services Division includes the Training Unit, the Property and Evidence Unit, and the Business and Personnel Resources Unit. The Technical Services Division is comprised of Professional Standards and Information Resources, and the Records Management Section. All patrol, specialized operational response teams, and investigative components are assigned within the Operations Division.
Although the configuration of the department at the division level is commonly found in similarly sized municipal agencies, the number and rank of personnel reporting to each division commander, a major, varies significantly among divisions. For example, in the Technical Services Division, there is only one lieutenant and one captain. In a traditional paramilitary organization, the lieutenant reports directly to the captain who then reports directly to the Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 23 division major. This leaves both the Technical Services major and captain with only one direct reporting sworn officer; a span of control of one. There are 19 total personnel under the command of the Technical Services Division major compared to almost 250 sworn and civilian personnel under the command of the Operations Division major. This is a significant difference in responsibility and accountability and what PERF believes is an inefficient use of command personnel.
Similar to the Technical Services Division, the Support Services Division has roughly 40 total personnel with no captains and three lieutenants reporting directly to the division major.
Recommendation: The MBPD should consider flattening the organizational structure at the executive level thus improving the accountability and efficiency of command level personnel. In addition, consideration should be given to combining the Support Services and Technical Services Divisions under the command of one senior executive who, along with the Operations Division commander, would report directly to the chief of police.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 24 MAJOR ELEMENTS ASSESSED The following sections describe the key areas examined as part of the review and assessment process. During the course of PERFs review, several additional areas for the city and MBPDs consideration were identified. They too have been described with appropriate recommendations. Recruitment, Selection, Hiring and the Promotional Process Recruiting, evaluating, and selecting the right individuals for a police agency are essential for the departments success. The process involves many steps, often including a written exam, physical agility test, oral interview, drug screen, background investigation, polygraph, and medical and psychological screening. The process can often take months to complete before officers are offered a position within the agency. Ensuring a fair, impartial, valid, and reliable process that attracts diverse and qualified individuals is necessary to create a professional law enforcement agency. Recruiting As a result of good pay, benefits, and a world renowned location, the MBPD has had no notable issues in recruiting a large pool of police applicants. The recruiting process, which is initially handled by the citys Department of Human Resources, involves an on-line advertisement and application process that is open for several weeks or as needed.
In the mid 2000s, the city began recruiting and hiring only currently Florida certified police officers or applicants who had successfully completed a Florida Basic Law Enforcement Training program. Most applicants therefore come from other Florida law enforcement agencies or have completed an academy program and are eligible for certification if hired. Interviews with department staff viewed hiring certified officers or officers eligible for certification as a cost savings approach implemented by the city. The department previously had a more traditional process of hiring most recruits with no experience and placing them into a locally run police academy. Although there can be benefits and potential problems with hiring only certified police officers, with various training and experience from their previous agency, the MBPD has not identified any particular problems or patterns where this has been an issue for the agency.
A primary disadvantage of this system is that the department ends up hiring only those who self- selected themselves to be police officers. Many departments of Miami Beachs size strive to create a workforce with diverse backgrounds and have recruitment efforts that seek to attract teachers, home-makers, accountants, clerks and other who bring their diverse life experiences into policing. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 25
The city has recently sought the services of IO Solutions 5 , an Illinois-based human resources firm that specializes in public safety personnel processes, to assist the city in improving its hiring and promotional process. IO Solutions conducted job analyses for the positions of police officer, sergeant, and lieutenant. Using the results of this analysis, they are scheduled to provide the city with assistance in its hiring process soon. They have already assisted in the promotional process. The new hiring process will include a new written test and a structured panel interview. IO Solutions will then prepare a list of qualified officers for submission to the city. The test and structured interview is a new and effective step in the hiring process and is commonly found in progressive police agencies. Background Investigation and Selection of Police Officers Once a list of qualified candidates has been provided to the MBPD, detectives from the Business and Personnel Resources Unit initiate the background investigation. The process can take two to three months and was found to be an extensive and thorough process, similar to those used in other professional police agencies. The process includes the following 15 areas:
1. Review of current and previous employers going back 10 years, 2. Criminal history checks, 3. Confirmation of educational history, 4. Review of use of controlled dangerous substances, 5. Review of military service if applicable, 6. Review of prior police certification, 7. Personal references and review of social media sites, 8. Review of credit history, 9. Review for application to other police agencies which includes review of internal files and issues, 10. Review of driving record, 11. Neighborhood checks, 12. Home interview, 13. Truth verification testing (MBPD utilizes the Computer Voice Stress Analyzer), 14. Medical evaluation (following conditional offer of employment), and 15. Psychological evaluation (following conditional offer of employment). When thoroughly evaluated, the 15 areas identified above should provide the agency with sufficient information to determine whether candidates should be eliminated from further
5 http://www.iosolutions.org/default.aspx Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 26 consideration for failure to meet state or city standards. For example, elimination could occur as a result of admitted or identified drug use that exceeds standards, criminal activity, unresolved credit issues, or excessive debt. An essential piece of the background investigation is to ensure the candidate has sound moral character as determined by the agency. Interviews of department staff and review of the department policy and practice indicate the department is following progressive practices in the background process.
Upon completion of the background investigation, applicants who meet all minimum standards are reviewed by the Support Services Division sergeants, lieutenants and major. Their recommendations are then sent to the chief of police for the chiefs selection. Then the Department of Human Resources director reviews the selection since in Miami Beach the HR director is the final hiring authority.
Recommendation: The MBPD should establish a diverse selection review committee comprised of four department members of four different ranks, one Department of Human Resources personnel expert, and one community member to evaluate and rate future police applicants. The group should review all eligible applicants in a formal process, rating each qualified applicant as either above average, acceptable, or not a good candidate for the agency. The chief would then review the committees recommendations and, with final approval of the Department of Human Resources director, select the best candidates for the city. The inclusion of both a Department of Human Resources personnel expert and a Miami Beach community member bring diversity and transparency to the process. The community member should be a volunteer position approved by the department and available to serve a two year term. Promotional Process The promotional process for the ranks of sergeant and lieutenant are well described in the Agreement between City of Miami Beach, Florida and Miami Beach Fraternal Order of Police William Nichols Lodge No. 8, period covered October 1, 2012 through September 30, 2015. Highlights of the process are identified below.
The city and MBPD prepare and administer the promotional process every two years. Officers must have four years of service to be eligible to test for sergeant and that sergeants must have two years in service at the rank of sergeant to test for lieutenant. Seniority and educational bonus points are added to a candidates final score. The department may request a potential candidate not be allowed to partake in the promotional process. Although this does not seem to have been utilized in the past, it could be used in the event of current or past significant performance or Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 27 policy violations issues. In order to do so, justification must be provided. A final decision as to whether such a request is granted is made by the city manager or the managers designee from the Department of Human Resources.
The negotiated bargaining agreement requires that a promotional committee, as established and defined by the union agreement, be selected to review and determine what test materials should be used for both the sergeant and lieutenant promotional process. Once this process is completed, the committee provides its recommendations to the chief of police. The chief then reviews the recommendations with FOP representatives. Upon mutual agreement, the selected topics for testing are provided to the citys contractor, IO Solutions. Officers are provided several months to review and prepare for the test. At the end of the process, each candidate is provided a numerical score. Any conflicts or issues arising in the promotional process are handled by the chief of police with the assistance of the director of Human Resources.
IO Solutions has conducted a job analysis for the positions of sergeant and lieutenant. As part of the process, IO Solutions reviewed position-required skills, knowledge and abilities, discussed position requirements with various department staff, and conducted ride-alongs to see how incumbents perform. Based on this analysis, the process now requires that candidates for sergeants pass a written test with a minimum score of 70%. Those who pass the written exam are further assessed in a structured process where they must complete a written exercise, simulate a shift briefing, and undergo a panel interview with sergeants from other police agencies. The structured process is scored numerically and a final score is calculated with the written exam and the assessment process each having equal value.
Those competing for lieutenant must pass a written test with a minimum score of 70%. Those continuing in the process will go through an assessment process starting with a written exercise involving the preparation of a police operational plan. This is followed by a structured interview process with interviewers who are lieutenants from other police agencies. The candidates are provided a numerical score rating their performance in the assessment process. Similar to the sergeant process, a final score is calculated for each candidate with the written exam and the assessment process each having equal value.
The outcome of both promotional processes is a list of candidates ranked by numerical score. If candidates have identical scores, their rank is determined by seniority in their current position. The list lasts for two years. The current FOP contract requires that the chief appoint the candidate with the highest score. If there are multiple openings the chief must continue down the list in rank order. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 28
Recommendation: The city and MBPD should negotiate alternatives to the current contract so that the chief of police has the ability to select promotional candidates from a group of top candidates rather than having to select the highest ranked candidate. The ranks of sergeant and lieutenant are key positions within a law enforcement agency. The chief of police should have the ability to select promotional candidates based on the agreed upon testing process as well as candidates interpersonal skills, work performance, leadership capabilities, and for the best interests of the agency. This can be accomplished by providing the chief with a small group of candidates to select from for each promotional opportunity. Many law enforcement union contracts allow the chief to select any one of the top three (or top five) highest scoring candidates.
Use of Force Incidents involving use of force by MBPD officers often gain significant media attention because of the citys high profile. Miami Beach attracts large groups of people, large scale events and celebrities. What happens in Miami Beach is often of national interest. MBPD officers, over the last few years, have been involved in use of force incidents that have resulted in a great deal of focus on how the police department trains its officers in the use of force.
As part of its review, PERF conducted wide ranging interviews with officers, supervisors, managers at all levels, and training personnel. PERF also reviewed all MBPD policies and training documents relating to use of force, use of force investigations conducted by Internal Affairs, and participated in several ride-alongs to observe first-hand officer interactions with the community. Policy The policy governing use of force in the MBPD is SOP-017, last updated in May 2009. According to MBPD, an updated policy is being written. At the time of this report, it had not been released. The various parts of the use of force policy are discussed below.
Firearms
The policy governing the firearms training, use and inspection is SOP-007, last revised in 2011. The policy provides guidance regarding the types of weapons officers, supervisors and managers may carry and under which circumstances. Uniformed officers may only carry the Sig Sauer P226 .40 caliber semi-automatic pistol that is issued by the department. Those in non-uniformed Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 29 assignments, or who are members of the command staff may carry either the P226 or the P239 .40 caliber handgun supplied by the department. Non-uniformed officers are allowed to carry alternate primary firearms; however, such weapons must be a .40 caliber handgun and must be purchased by the member and authorized by the range master.
The MBPD also allows officers to carry back-up firearms. The back-up firearm must be an approved department firearm, purchased by the officer, and carried in a concealed manner. Officers must provide their own ammunition for training and requalification, and are held responsible for care and maintenance of the firearm. Weapons are checked annually by firearm instructors and armors.
The MBPD requires its officers to carry department authorized firearms while off-duty whenever driving a city owned or leased vehicle.
Conducted Electrical Weapon
General Order 13-03 amended the term Electronic Control Device (ECD) to Conducted Electrical Weapon (CEW), and supplements SOP-017, which governs use of force policies.
Recommendation: The MBPD should amend the term used to describe the Taser from the currently used Conducted Electrical Weapon to Electronic Control Weapon (ECW). In 2011, PERF and the U.S. Department of Justices Office of Community Oriented Policing Services released the 2011 Electronic Control Weapons Guidelines publication 6. The book serves as a guideline for all agencies regarding policy, training, use, medical considerations, reporting and accountability, and public information and community relations. The publication specifies the change in terminology from Conducted Energy Device and other terms to Electronic Control Weapon.
From this point forward, the report will utilize the term Electronic Control Weapon (ECW) unless quoting portions of the departments current policy.
ECW falls under the non-lethal weapons category according to MBPD policy. It is more accurate to refer to the ECW in this category as less-lethal rather than non-lethal.
6 http://cops.usdoj.gov/Publications/e021111339-PERF-ECWGb.pdf Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 30 Recommendation: The MBPD should refer to the ECW in all MBPD documents and practices, including the Supervisors Report of Control of Persons, as Less-Lethal force rather than the currently used term Non-Lethal.
The only approved ECW devices in the MBPD are the Taser X26 and Taser X2. The ECW can only be used under the following circumstances:
The subject is not in the immediate control of the officer but poses a threat, The officer perceives a threat to himself, other persons, property, or self-inflicted injury, and An animal posing an immediate threat.
MPBD officers are prohibited from using the weapon when:
The subject is in an elevated position and could fall as a result of the use of ECW, There are flammable materials nearby, The subject is a pregnant female, a child under 13, or an elderly person, The subject is in control of a motor vehicle, and The subject is handcuffed.
Lastly, MBPD officers are prohibited from intentionally discharging the ECW at the eyes, groin, or face of a subject, unless deadly force is authorized.
Recommendation: The MBPD should review and change General Order 13-03, subsection 4 which states, The CEW can be utilized by deploying the probes or using the drive stun. The policy should state Officers deploying the ECW are discouraged from using the weapon in the drive stun mode as a pain compliance technique. The drive stun mode should be used only to supplement the probe mode to complete the incapacitation circuit, or as a countermeasure to gain separation between the officer and the subject so that the officer can consider another force option.
Prior to deploying an ECW, officers are required to provide verbal warnings to the subject, unless tactically unfeasible. Prior to deployment, officers are also required to announce Taser to alert other officers nearby. Once the ECW is deployed, officers are to discontinue use once compliance is achieved. Fire and rescue personnel are summoned to the scene in all cases involving injury as a result of the deployment. Only specially trained department personnel or medical personnel are authorized to remove the probes from the individual struck in the head, throat, groin, or other sensitive area.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 31 Recommendation: The MBPD should add additional language to General Order 13-03, subsection 4 which states that when deploying the ECW, use of the CEW shall be discontinued once compliance is achieved. In order to provide further clarification to this directive, it is recommended that language be inserted to the effect that Personnel should use an ECW for one standard cycle (five seconds) and then evaluate the situation to determine if subsequent cycles are necessary. Personnel should consider that exposure to the ECW for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury. Any subsequent applications should be independently justifiable, and the risks should be weighed against other force options.
Supervisors are required to respond to all ECW deployments and request the services of the Crime Scene Section (CSS) to photograph the subject of the force. Current practices, however, do not dictate that the ECW data must be downloaded after each use in order to gather information about the discharge.
Recommendation: The MBPD should conduct random audits of ECW data in order to reconcile existing use of force incidents with recorded activations. After each use of an ECW, a download of weapon data should occur and a printout kept along with the use of force investigation. General Order 13-03 Conducted Electrical Weapon (issued 4/25/13 and supersedes SOP-17-Use of Force), makes no mention of downloading data from each assigned ECW (Taser), either randomly or following the use of the weapon. Such data provides clear evidence to show whether an ECW was deployed and whether the recommended five-second cycle was exceeded.
All ECW battery or cartridge exchanges, which occur at the departments Property and Evidence Unit, must be accompanied by all reports, including the Supervisors Report of Control of Persons, which documents the use of the ECW. This current practice provides an extra layer of control and ensures that officers are not failing to report ECW discharges or malfunctions.
Recommendation: The MBPD should have supervisors conduct daily roll-call inspections of all personnel in order to verify that all officers are carrying all required less-lethal weapons currently available to them. It is imperative to ensure that each officer assigned to street duty has both the Aerosol Deterrent Spray and the ECW available as less-lethal tools for any encounter. This gives the officer several options other than resorting to the use of a firearm
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 32 In order to carry and deploy a ECW, officers must undergo training through a six hour course, which includes classroom instruction, practical hands-on training that tests officers ability to fire the ECW at a target, and scenario based situations. All officers who are authorized to carry the ECW must retrain with the device annually. This training and yearly re-certification are in keeping with progressive practice.
Applied Carotid Triangular Restraint
SOP 017 (Use of Force) includes the use of Applied Carotid Triangular Restraint, commonly referred to as a choke-hold, as a type of physical control officers may resort to. The policy stipulates, however, that prior to utilizing this technique, officers must attend an eight hour training course which includes classroom and hands-on training. However, based on interviews with members of the training staff, this technique is no longer taught and there are only three members in the MBPD qualified to engage this tactic.
Recommendation: The MBPD no longer trains its officers to perform Applied Carotid Triangular Restraint (ACTR), and does not recertify any officers; therefore the MBPD should remove the ACTR from the use of force policy. Use of Force Training The sections below describe training for both firearms and the ECW.
Firearms training
MBPD officers are required to attend various training that covers use of force, at least annually. The MBPD training unit is responsible for conducting the training as well as keeping track of all sworn members who have received the training. Those who do not complete training are typically relieved of performing street duty until they comply.
Currently, MBPD officers must re-qualify with all firearms a minimum of once a year. Records are kept by the agencys firearms training unit which keeps track of all qualifications in the department. Should a member not appear for training for any reason, a notification is sent through the chain of command to the officers supervisor to ensure compliance with policy. Only members in a non-full duty status or those absent for military deployments are excused from the requirement to re-qualify. However, upon return to duty, each member must report for firearm re-qualification.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 33 In addition to range qualification, the MBPD uses a training simulator that can provide scenario based driving, firearms, and less-lethal weapons training.
MBPD policies stipulate that any officer who fails to demonstrate proficiency while attending firearms training is offered a second chance immediately. If an officer fails during the remedial training, he/she is offered a third attempt. If after the third attempt the officer still fails to demonstrate proficiency, the officers immediate supervisor is notified and the officer is temporarily assigned to a position that does not require the carrying of a firearm. At this stage, the officer is scheduled for a 40-hour block of firearm instruction, and if the member fails this as well, policy dictates that the officer is transferred to a non-sworn classification or recommended for dismissal.
Recommendation: The MBPD should mandate a second yearly firearm qualification course that is scenario based and tactically oriented. Scenario-based training will be well received by officers and is critical to ensuring the department is reviewing the use of force policy and preparing its officers for critical incidents including active shooter situations, potential cross-fire situations, and use of concealment and cover. Tactics The Miami Beach Police Department has switched from utilizing a use of force matrix, or continuum, to using a system of objective reasonableness, in which officers are required to gauge the level of a subjects resistance, and respond with the appropriate level of force based on totality of circumstances. This change is keeping with progressive practices and U.S. Supreme Court case Graham v. Connor (490 U.S. 386), which determined that an objective reasonableness standard should apply to law enforcement officers in use of force situations. Some factors officers must consider while making use of force decisions are:
Seriousness of the crime committed Size, age and weight of the subject Apparent physical ability Weapons present Known history of violent behavior Medical condition, including mental state Number of subjects present
Additionally, officers must assess situational factors, such as:
Size, ability, and defensive tactics expertise of the officer Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 34 Number of officers present during the encounter Presence of innocent persons Weapons or other restraint (less lethal) devices available to the officer Whether the subject can be captured at a later time
Finally, officers must also assess legal requirements and department policies when deciding what type, if any, force will be used to effect an arrest or protect bystanders.
MBPD policies and training dictate that officer response options fall into the following main categories:
1. Physical control (non-deadly force) using empty hand controls to achieve compliance. 2. Non-lethal weapons (non-deadly force) utilizing weapons such as expandable batons, stun guns, flashlights, chemical sprays, and the use of department K-9. 3. Deadly Force application of force that is likely to cause death or great bodily harm.
Reporting and Review Process There are two processes for handling use of force investigations: incidents involving deadly force and those involving what MBPD currently calls non-deadly force.
Non-Deadly Force
The current process for handling use of force reviews and investigations for incidents involving non-deadly force is as follows: An officer in the field uses force against an individual. Departmental regulations require that the officer immediately notify a supervisor. Once the supervisor arrives on the scene, he/she is required to interview the involved officer(s), ensure that all witnesses, including witness officers, are accounted for and interviewed, and to ensure that Crime Scene units respond to the incident location to take photographs and recover any evidence. The supervisor is also required to interview the subject of the force, and fill out a Supervisors Report of Control of Persons form. However, there is no requirement that the Control of Persons form be filled out unless the use of force resulted in an injury to the subject, or was likely to cause injury to the subject or cause a subject to complain of an injury. If there is no injury no supervisory report is required.
Under current policies, supervisors are required to report use of force incidents by completing the Supervisors Report of Control of Persons when one of the following occurs:
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 35 1. Whenever any degree of force is utilized which results in injury to the subject, is likely to cause an injury to the subject, or if there is a complaint of injury made by the subject.
2. Whenever a firearm is discharged in the City of Miami Beach, except in training situations or when an unintentional discharge occurs, and there are no injuries involved.
3. Whenever an Electronic Control Weapon (ECW)
or Aerosol Deterrent Spray (ADS) is used, except in training situations or unintentional discharges not involving injuries.
4. In cases where an impact weapon is used as a striking instrument, not including training situations.
5. Whenever an Applied Carotid Triangular Restraint (choke hold) is utilized.
6. In all cases involving an actual or perceived injury resulting from a police canine apprehension. 7
When supervisors are required to fill out the Control of Persons form, it must be completed prior to the expiration of their shift. In order to track the case, supervisors request a Control of Persons (COP) tracking number from the Public Safety Communications Unit supervisor, and record the number on the form.
Officers reporting requirements include filling out arrest paperwork and an Offense Incident Report (OIR) 8 in which officers are required to describe the actions taken and details of the incident.
In each case, a supervisor higher in rank than the involved officer evaluates the use of force in the Supervisors Summary of Findings section on the form. Upon completing the COP form, the supervisor forwards all reports relating to the incident through the chain of command. In cases when there is no injury, no report is required. Therefore, those in the chain of command may not be aware of all episodes involving force. When there are COP reports, each division commander is tasked with reviewing the report prior to sending to the chief of police. The report is ultimately sent to the Internal Affairs unit for filing and statistical analysis. The vast majority of cases are handled by supervisors assigned to the various units, but in some cases involving allegations of misconduct, the Internal Affairs unit is required to complete the investigation.
7 Additional K-9 deployment information is maintained by the departments K-9 Squad. 8 MBP SOP 017, Use of Force, Revised 05/29/2009, refers to the report as Offense Incident Report. Since publication of this SOP, the name has changed to Case Report and is filled out in the New World reporting system, whereby the report is forwarded electronically. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 36
Recommendation: The MBPD should require officers to complete a Control of Persons report form for those instances when they use force but which do not rise to the requirement that a supervisor complete the form. The current policy, SOP 017, section V. Reporting Use of Force Incidents, does not require a supervisor to complete the Supervisors Report of Control of Persons form when the use of force does not result in an injury to the subject, when it is not likely to cause an injury to the subject or when the subject does not complain of an injury. Officers may document their use of force on their incident report but there is no systematic way that these reports can be retrieved. Therefore, the department does not have a complete view of the frequency and outcomes of the use of force by officers. The annual report submitted by the Internal Affairs commander is based on Control of Persons reports, not on all episodes where force was used.
Deadly Force
When an officer is involved in a use of deadly force incident, he/she is responsible for immediately notifying the Public Safety Communications Unit via radio transmission and requesting fire and rescue and a police supervisor to respond to the scene. Additional first responder responsibilities include administering first aid when possible, securing the crime scene, and remaining on the scene until a supervisor arrives. When a supervisor arrives, the officer advises the supervisor whether he/she or anyone else is injured, whether there are any suspects still at large, and provides a description of the extent of the scene 9 .
Any contact with the involved member is limited to an attorney 10 . On-scene supervisors are responsible for notifying the Criminal Investigations Unit (CIU) Homicide Squad, Internal Affairs Unit and the Staff Duty Officer. Supervisors are further tasked with ensuring that the scene is properly maintained by establishing multiple perimeters in order to control entry into the scene as well as keeping the public and members of the media in areas that will not interfere with proper handling of the crime scene.
9 MBP SOP 017, Section B(1)e(3) requires the involved member to provide the extent of the scene, however it is unclear if this occurs. Based on multiple interviews, involved officers are not required to provide any information while the case is under criminal review, under the Florida Officers Bill of Rights. 10 MBP SOP 017 stipulates that an immediate family member and a member of the clergy may also come in contact with an involved officer at this stage. Based on multiple interviews, this rarely occurs. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 37 Recommendation: The MBPD needs to revise SOP 117 section IV.B.1.f, which limits the officers contact to an attorney, an immediate family member, and/or a member of the clergy or counselor, to include contact with a supervisor, who according to section IV.B.2. a.4) is required to debrief the officer to ascertain if the officer, subject or any other person is injured, if there are suspect at large, and the extent of the scene.
After use of deadly force, the involved officer is not questioned about the manner in which force was used or about any of his/her actions that led to the application of force. The on-scene supervisor ensures that the involved officers weapon is either secured or left where it was dropped by the officer after the incident, and the officer and any other witnesses, including non- involved witness officers, are separated from one another until questioned by CIU detectives.
If a deadly use of force incident occurs outside of the jurisdiction of the City of Miami Beach, involved officers are required to immediately notify the police agency having jurisdiction, followed by the Miami Beach communications dispatch, which in turn makes additional notifications for MBPD command and investigative response. The Chief will determine if MBPD will respond to incidents outside the city.
SOP 117 describes in detail the process to be used when deadly force is used when great bodily harm or death results and in instances where an officer has caused injury or death to another through the use of a firearm. The policy does not describe investigation requirements should an officer use deadly force against a suspect and no injury results. The same investigat ion process should be used regardless of an officers marksmanship. The issue is one of the officers intent, not the outcome of the use of force.
Recommendation: The MBPD should revise SOP 017 to specify that the same reporting and investigative process will be used whenever deadly force is used regardless of the outcome. It was reported to PERF interviewers that the same process is used regardless of outcome. The policy needs to be revised to mandate this.
Because officers involved in use of deadly force are not required by the department to provide any additional statements beyond a description of the scene during the investigative process, an internal investigation cannot continue until the case ultimately reaches a prosecutorial conclusion. If there is no prosecution, Internal Affairs is tasked with evaluating the event from a procedural standpoint to determine whether departmental policies were violated. Prosecutors may take several years to yield a conclusion, which significantly hampers the ability to obtain an accurate and timely explanation of the event during an internal investigation. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 38
The investigation of incidents involving the use of force occurs as follows: The initial investigation is conducted by a supervisor one rank higher than that of the involved member. While still on the scene of the use of force, investigating supervisors are responsible for ensuring that the Crime Scene Section (CSS) photographs all individuals listed on the Supervisors Report of Control of Persons form, all injured officers and citizens. Photographs must depict all injuries by all parties, and should be taken prior to anyones departure from the scene to the extent possible.
The shift commander must report to the scene along with members of the Criminal Investigations Unit, who take over the investigation. In cases involving any use of a firearm by an officer, the involved officers hands are swabbed for gunpowder residue. Additionally, the officers outer garments are taken for further analysis. Lead detectives then consult with prosecutors from the States Attorneys Office who are also summoned to the scene, regarding the issuance of Miranda warnings to the involved officer(s). In all incidents involving the use of deadly force, Internal Affairs conducts a review of the administrative aspects of the case.
All officers involved in a deadly use of force incident are relieved of duty for a minimum of 72 hours. According to MBPD policy, the leave shall not be interpreted to imply that the officer has acted improperly. 11 Separate policies (SOP 043- Critical Incident Debriefings) govern the mandatory psychological support for members involved in deadly force. Upon return to duty, the officer is assigned to administrative duties for a period determined by the chief of police.
MBP policies that govern use of force include specific guidelines for training, maintenance, and utilization for all lethal and less-lethal weapons officers must carry while on patrol. This includes a requirement that the departments property office maintain a record of every weapon assigned to each employee, along with a record of exchanges of weapons or any batteries or cartridges associated with each type of weapon. Documentation As part of its review, PERF examined a sample of 10 use of force investigations, referred to as Supervisors Report of Control of Persons. The reports range from 2009 to 2013, and are broken down as follows:
11 SOP 017 Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 39 Two involved a use of a firearm, One involved the use of ADS, Two involved the use of ECWs, and Five involved other methods, including open hand strikes and forcible compliance techniques.
As previously discussed, each use of force initiated by an officer requires immediate supervisory response to the scene. Once there, supervisors are tasked with obtaining statements from involved officers and other witnesses, and collecting any evidence including camera data when available. However, as described above, if there are no injuries or complaints of injuries the supervisor is not required to file a report.
Each use of force investigative package includes a Supervisors Report of Control of Persons, an Offense Incident Case Report Summary completed by the arresting officer, and a Complaint/Arrest Affidavit report. While assessing the use of force, the investigating supervisor typically fills out a narrative statement that summarizes the event and states what the findings were, (i.e., whether the officers statements were consistent with witnesses), and whether the subject resisted in the manner described by the responding officers. The report is then forwarded up the chain of command where it is reviewed by each management level prior to being forwarded to the Internal Affairs Unit.
The MBPDs supervisors Control of Persons report captures all information relating to the event. The form is separated by main topics, and allows the supervisor to note all appropriate information pertinent to the use of force incident, including a narrative portion in which the supervisor summarizes the arresting officers account.
MBPDs Report of Control of Persons allows the supervisor to quickly check off the type of force encountered by the responding officer as well as the type(s) of force utilized by the officer.
Based on PERFs review, the bulk of MBPDs use of force policies governing use of force are clear, and based on multiple interviews with officers, supervisors and managers, are well- understood and adhered to. As previously noted, the MBPD switched from a use of force matrix, or continuum, to a system of objective reasonableness, in which officers are required to gauge the level of a subjects resistance, and respond with the appropriate level of force based on totality of circumstances. It appears that this was a positive change that is in line with current best practices.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 40 The investigative process for use of force cases in the MBPD lacks several key policy requirements. All use of force incidents, even when no injury occurs, should be formally recorded. Policy should clearly mandate that when deadly force is used, the same complete and thorough investigation is used regardless of harm.
Recommendation: The MBPD should create a Use of Force Review Board (UFRB) to review all cases involving use of force, both serious and minor. Not only should cases involving firearms, use of an ECW, apprehension involving a K-9 bite, or any other case involving serious injuries to officers and/or arrestees be assessed, so should cases where no injury occurs. The function and operation of the panel can be handled in a similar way to the Internal Affairs Investigations Disposition Panels already in existence, and governed by General Order #12-05. The Internal Affairs Unit, which currently conducts quarterly statistical analyses of use of force cases (on average 210 cases per year) where the Control of Persons report is used should have the ability to recommend that certain cases that meet specific criteria be sent to the UFRB.
It is recommended that a UFRB meet at least every two months. The board should consist of a deputy chief or major chairing the group, two captains, and the manager of the training unit.
The purpose of the board is to analyze each use of force, discuss the merits of the case, and identify administrative sanctions, commendations, or training needs for each case. Specifically the board should review each case with respect to:
Compliance with MBPD policies; Whether proper tactics were used by the officer(s); Assessment of risk management issues for the department; Adequacy of training; and Whether the level of force was appropriate for the incident.
After thorough review of each case by the board, the board should recommend whether further action is needed. If further action is needed the case should be returned to Internal Affairs for follow-up.
The MBPD currently has over a dozen Memoranda of Understanding (MOUs) with neighboring cities in order to supplement MBPD police officer presence during large-scale events. These MOUs are governed by Florida Statute 23.1225, Mutual Aid Agreements, which lay out the Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 41 responsibilities of the agencies entering into such agreements. The MOUs are designed to handle both routine and emergency law enforcement assistance. Currently, it appears that although officers from neighboring jurisdictions operate under the command and control of the MBPD, they abide by their own policies, including those involving uses of force. 12 Furthermore, a review of the agreements by PERF revealed that in some cases, conflicts that arise between outside officers policies and a directive given by an MBPD supervisor are resolved in favor of the visiting officers policies, which supersede the directive given by a MBPD supervisor.
Recommendation: The MBPD should include language in each Memorandum of Understanding for assistance specifying that visiting officers must abide by MBPD use of force policies. Furthermore, the MBPD should conduct recurring training sessions to officers of outside agencies who regularly operate in the city of Miami Beach, on MBPD use of force policies and reporting requirements. Completion of such training should be a requirement for outside officers to work either on-duty or off duty in Miami Beach.
Department Training The MBPD utilizes the departments Training Unit under the command of the Support Services Division to conduct in-house training, track all training, and recommend all departmental training including outside courses. The unit consists of one lieutenant, one sergeant, four officers, and two civilian support personnel positions. The lieutenant reports directly to the Support Services Division major. All Training Unit sworn staff members are certified instructors through the Florida Department of Law Enforcement (FDLE). Recruit / Post Academy Training Because MBPD hires only officers who have been certified as having successfully completed a Florida basic recruit course, the department does not have a need to provide basic entry-level training. Once a new officer is hired, the agency requires the officer to receive 160 hours of MBPD-specific training, referred to as Post Academy Training. The training unit reviews and updates its training curriculum on a regular basis, with the most recent update completed in February 2014. After completion of post academy training, the officer is assigned to the Operations Division for Field Training.
12 See Mutual Aid Agreement with City of Homestead, Section IV-Conflicts Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 42 The Training Units lesson plans were reviewed by PERF. All training held by the agency is developed according to FDLE guidelines and requirements. The Training Unit utilizes a number of instructional methods including classroom instruction, hands on training, scenario based exercises, and weapon simulators. The curriculum includes 30 hours of instruction and practical experience related to the departments various weapons and use of force. All department authorized weapons, including lethal and less lethal, are covered in the training process. In addition, the new officers receive two hours of ethics training. There is a one hour review regarding the departments response to individuals with mental health or drug/alcohol issues.
The departments post academy training was found to be organized, well written and appropriately documented. Later in this report a recommendation is provided regarding the inclusion of crisis intervention training in the post academy training process. Field Training Program Upon completion of the post academy training, new MBPD officers receive 14 weeks of additional training in the Field Training Program (FTP). Program length can be reduced or extended based on the new officers performance and the discretion of the Operations Division lieutenant responsible for the FTP.
The FTP utilized by the MBPD is based on the traditional and commonly used San Jose Model. It includes several phases of training with various field training officers (FTO) on varying shifts. Each FTO completes a daily observation report and evaluates the new MBPD officers performance. During the last two weeks of the program, the FTO simply shadows the new officer and ensures he/she is ready to work on his/her own. Policy and procedure regarding the FTP are covered in the agencys Standard Operating Procedure #104, Field Training Program for Police Officers. The FTP is well defined in the agencys Field Training Program Manual. Core Competencies include Ethics, Sensitivity to Cultural Diversity, Conflict Resolution and Use of Force. However, the Manual dates back to 2007 and has not been revised to update the departments approach to use of force, moving from a continuum approach to objective reasonableness.
Recommendation: The MBPD should update the Field Training Manual to reflect the departments switch from utilizing a use of force matrix, or continuum, to using a system of objective reasonableness, in which officers are required to gauge the level of a subjects resistance, and respond with the appropriate level of force based on totality of circumstances. This change is keeping with progressive practices and the landmark U.S. Supreme Court case Graham v. Connor (490 U.S. 386). Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 43
Field training officers are selected by the chief of police. They are provided specific training regarding the FTP and receive an additional $1.00 per hour while they are assigned a new officer. The selection of FTOs for any agency is critical to the programs success. Field training officers must be selected based on their demonstrated work knowledge and performance, communication skills, problem solving abilities, and desire to partake in the program.
Other than the change needed to the Field Training Manual, the field training program appears to be operating effectively.
Ongoing, effective training is essential to any professional police agency. Training provides employees with the skills, knowledge, and abilities necessary to be successful in their positions. Training is also rewarding to the employee, often increasing confidence, improving job success, increasing productivity, and reducing mistakes. In law enforcement, employees are the most important resource an agency has. Ensuring that employees are prepared and skilled to perform their job is a critical function for law enforcement leaders. Annual Mandatory Re-Training The MBPDs Training Unit provides department-wide mandatory yearly training for each officer, as required by the Florida Department of Law Enforcement. The police department refers to this as Annual Mandatory Re-Training and conducts it August through October of each year. Current FDLE mandates require that each certified police officer receive a minimum of 40 hours of training every four years. The MBPD has met this mandate by requiring its officers to attend 10 hours of department held training each year. This is accomplished in one 10-hour day per year.
The FDLE mandates some topics. One recent example was instruction on biased policing. All FDLE mandated classes are provided. The remaining topics are selected by the department. The yearly re-training process includes classroom instruction, scenario based learning, use of the lethal/less-lethal and driving simulators, and a testing process. In addition, officers must successfully pass the FDLE firearms qualification course.
A review of the past several years of annual mandatory re-training curriculum found the agency was covering a wide variety of important topics including use of force, weapon re-certifications, defensive tactics, ethics, discretion, communication skills, first aid, officer performance, and social media. Each annual mandatory re-training listed numerous student performance objectives that were tied to specific CALEA requirements. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 44
In 2012, the chief implemented a one day mandatory ethics training course for all supervisors and managers. Several hours of training and instruction regarding ethics and integrity were again covered in the 2013 annual mandatory re-training session.
Overall, the departments annual mandatory training concentrates on current issues and trends, appears well designed and is implemented using a variety of teaching methods and tools.
Recommendation: The MBPD should require an additional 20 hours of annual mandatory re-training for each officer. Although the department meets the minimum FDLE requirement with 10 hours each year, this is a limited amount of time to cover a variety of important topics for a modern and progressive police agency. This additional training should include contemporary local or national law enforcement issues that will likely have an impact on policing in Miami Beach.
Recommendation: The MBPD should include in upcoming annual mandatory re- training sessions training specific to the topic of de-escalation and minimizing the use of force. A July 2013 PERF publication titled Civil Rights Investigations of Local Police: Lessons Learned 13 reveals that police use of force has been one of the primary issues behind the U.S. Department of Justices investigations of local police departments for civil rights violations. One of the key aspects identified by DOJ in each mandate is the use of de-escalation techniques. De-escalation techniques involve the ability of the officer to reduce or eliminate force as resistance decreases or stops. De-escalation can also include the use of verbal skills to bring a peaceful conclusion to a potentially confrontational event. This can be critical when dealing with subjects exhibiting erratic or dangerous behavior due to mental illness, medical impairments, or the influence of alcohol or drugs. Specialized Training Officers in the MBPD have the opportunity to attend both department hosted specialized training courses as well as courses sponsored and held by other law enforcement agencies or training
13 Critical Issues in Policing Series, Civil Rights Investigations of Local Police: Lessons Learned. Police Executive Research Forum, July 2013. http://policeforum.org/library/critical-issues-in-policing- series/CivilRightsInvestigationsofLocalPolice.pdf
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 45 organizations. Over the course of the last three years, MBPD has hosted several courses on topics including domestic violence, courtroom testimony, officer survival, sexual deviance, and anti-terrorism for first responders. Since the fall of 2013, the department has begun offering an International Association of Chiefs of Police sponsored course on Leadership in Police Organizations. The course will be available and provided to all officers no matter their rank. Officers can seek additional training outside of the agency as it becomes available.
Recommendation: The MBPD should consider training all officers to deal with civil disturbances with large crowds by providing Mobile Field Force training. The department currently has a contingent of bicycle officers trained in the rapid response to crowd related issues using the bicycle as a crowd control tool. In addition, there is a regional civil disturbance team that has six MBPD officers assigned that can be activated upon request. But in Miami Beach, large crowds are a common occurrence and problems can arise quickly, leaving little time for response and regional assistance. Conducting Mobile Field Force training for all officers on civil disturbance response, techniques, and handling large crowds would be an asset to the agency. Conducting a yearly review of this response should be included in the departments annual mandatory re-training. First-Line Supervisor Training Effective first-line supervisors are critical to the professionalism, discipline, and success of a police agency. In the MBPD, the first-line supervisor is a sergeant. They are responsible for the day-to-day supervision of their officers and ensuring that the mission of the agency is accomplished. Preparing and training new sergeants for their new role is vital for their success. Transitioning to sergeant is a difficult process for most officers. Training for new supervisors must be job-related and focus on the specific role they play in the MBPD. It could include case studies of past MBPD misconduct. It should focus on specific responsibilities they have and how to hold their officers accountable. New sergeants must understand the new role they have accepted and the responsibilities placed upon them.
Interviews with department staff indicated some inconsistency in training newly promoted sergeants. Some interviewees indicated it had taken several years for a new sergeant to attend a basic school for supervision. This is often due to the lack of availability. Although the process to obtain training for newly promoted sergeants appears to have improved significantly over the last two years, the agency must still rely on training provided by other police agencies or training organizations.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 46 There are no state requirements for sergeant/first line supervisory training. The Florida Department of Law Enforcement does offer the Florida Leadership Academy composed of four one-week sessions over a four month period several times a year across the state.
Recommendation: The MBPD should provide basic first-line supervisor training to new sergeants immediately following promotion by developing an in-house course. The course can be created using computer based instruction, required readings, and discussions with veteran sergeants and managers. By using adult based learning principles, the absence of a readily available traditional training course can be countered. The instruction must cover a variety of skills including basic responsibilities, department expectations, communication skills, performance evaluations, and handling critical incidents including use of force, ECW deployments, and responding to mentally ill subjects. Skills in maximizing procedural justice and de-escalation should be included. As openings become available for additional first-line supervisor training outside of the agency, the sergeants should be given the training in order to further their understanding of the position and its role and responsibilities. The department should continue its current practice of assigning a more experienced sergeant to the newly promoted sergeants for mentoring and assistance. Command As part of an organizations planning process, it must ensure the success of the police agency through mentoring and training current and future department leaders. Successful succession planning for an agency does not require enormous funding, but it does require the commitment to identify potential leaders, develop their skills through proper training, education and mentoring, and assign them to challenging positions that will prepare them for the future.
Interviews with department staff indicate that although the agency has no formalized training for lieutenants and above, they do seek leadership and management instruction from local and state agency sponsored courses. In addition, the department does send commanders as funding or opportunities become available.
Recommendation: The department should institute a formal leadership development program to prepare future leaders. Components should include requirements for formal education, locally available leadership courses, and completion of at least one nationally recognized course such as the FBIs Executive Institute, PERFs Senior Management Institute for Police, Northwestern Universitys School of Police Staff and Command, or the Southern Police Institutes Administrative Officers Course. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 47 Accountability Systems Law enforcement agencies are entrusted with an enormous amount of authority and power designed to enable them to control crime, maintain the peace and good order of a community, protect people and property, maintain the smooth and efficient flow of traffic, and a host of other responsibilities. An agencys authority, which is derived from the people served, permits intervention where necessary to accomplish the police mission and may require an officer to deprive a citizen of his or her property and/or freedom. Officers necessarily carry with them the authority to use force, up to and including the use of deadly force, to perform their duty. This degree of power and authority is unique to law enforcement agencies, and therefore requires an immense amount of accountability from both the law enforcement agencies collectively, and police officers individually.
As Samuel Walker, a recognized expert on police accountability wrote in his 2005 book The New World of Police Accountability, On one level [police accountability] refers to holding law enforcement agencies accountable for the basic services they deliver; order maintenance, and miscellaneous services to people and communities. At the same time, however, it also refers to holding individual officers accountable for how they treat individual citizens, particularly with regard to the use of force, equal treatment of all groups, and respect for the dignity of individuals. In certain important aspects, of course, the agency-level and officer-level dimensions of accountability merge. Internal Affairs A review of the Miami Beach Police Departments (MBPD) Internal Affairs (IA) process revealed the current system is consistent with recommended best practices and administered in a fair and equitable manner. The process in place is driven by department rules, regulations, general orders and policy, all of which are designed to elicit and recreate a true and factual representation of the incident in question. There is some room for improvement in the MBPD system, although the deficiencies noted are not fatal systemic flaws. Recommendations are designed to strengthen an already efficient and effective process.
PERFs review included an analysis of all aspects of the IA system including, but not limited to, selection and training of personnel assigned to the IA unit; a collective interview of current and past members assigned to IA; review of department rules, regulations, general orders and policies directly related to the IA function; review of a random selection of completed IA cases, including audio recordings of witness and subject officer interviews; review of written reports Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 48 completed by IA personnel; review of findings by agency personnel assigned to disposition panels; and a comparative analysis of recommended best practices in the IA processes.
Selection of Personnel and General Function of Internal Affairs
MBPDs IA unit has had an evolving organizational design. In 2011, the City of Miami Beach mandated that the IA commander be selected from outside the agency. The theory behind this decision was to reduce the amount of familiarity (real or imagined) between the commander and agency personnel who would be subjected to future IA investigations. Since MBPD is a small- to medium-sized agency, the assumption was that most officers knew and were likely friends with each other. The premise was that MBPD had a limited capacity to conduct fair and objective investigations due to that familiarity. To address that perceived deficiency, the chief recruited a veteran commander with the Miami Police Department to head the IA unit; he had done so until he was recently promoted to the position of Deputy Chief of MBPD.
Although recruitment of a seasoned commander from outside the department is certainly an acceptable prerogative of the city to try to ensure objectivity in the IA process, it can have limited impact. Changes have occurred so that now the IA Unit is composed of a captain, seven sergeants and two officers detached to the State Attorneys Public Corruption Task Force. There is also a deputy commanders position funded, but it was vacant at the time of this report.
The departments rules, regulations, policies and procedures do not mandate that members of the IA unit withdraw themselves from any investigation which may present a conflict of interest due to friendship, family ties, past working relationships, or past conflicts between the investigator and subject officer and/or the complainant. This type of mandated prohibition has been recognized as a best practice by the United States Department of Justice (DOJ) and has been included in a number of consent decrees during the past decade.
The IA unit is directed to investigate all allegations of misconduct by department personnel emanating from both internal and external sources. The Chief of Police may also assign the unit to conduct special investigations. MBPD assigns personnel to the unit based on their reputations within the agency and the community, their past performance, their experience as both supervisors and investigators, their willingness to serve in the IA capacity (i.e., members are selected on a volunteer basis only), and their objectivity as it relates to a sense of fairness and equity. The final decision regarding assignment of personnel to IA rests with the Chief of Police.
These are acceptable and well-recognized criteria for selection of personnel to be assigned to the IA Unit. Assignment to an IA unit requires a high level of commitment and a fundamental Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 49 understanding of the concepts which apply to an effective internal investigations process (i.e., level of proof to determine culpability in a misconduct allegation, familiarity with relevant case law, and the administrative investigation process). Therefore, proper training in the overall concept of these duties and responsibilities is critical for all personnel assigned to an IA unit.
After selection for assignment to the MBPD IA unit, all members receive training in the internal affairs process. MBPD IA unit officers receive their training at either a regional program, which the current IA members believe provides the most consistency with Southeast Florida protocols, or at a nationally recognized training program such as the Institute for Police Technology and Management (IPTM) in northern Florida. After completion, other experienced sergeant/investigators mentor newly assigned members. Currently the IA commander, an MBPD captain, regulates and supervisors these sergeant/investigators as their immediate supervisor. The IA commander reports directly to the chief of police and not through the deputy chief or any of the majors.
Recommendation: The MBPD should fill the Internal Affairs deputy commander position with a lieutenant. This will allow for multiple layers of review of Internal Affairs investigators work product.
Redundant review helps to assure consistency, thoroughness, and completeness in the investigatory and reporting processes. This process of redundant review should include both a review of the written report and a total review of the recorded interviews conducted during the investigatory process. Listening to recorded interviews helps to ensure an accurate reflection of the interview is contained in IAs final written report. Additionally, each level of the IA unit should review all evidence including, but not limited to, photographs, video recordings, physical evidence, and subsequent reports, (i.e. toxicology or coroner reports) during the investigative and review processes. Though these tasks are expected to be completed in conjunction with all IA investigations, the MBPD has not reduced these requirements to writing in any general order, policy, procedure, handbook, or any other directive.
Recommendation: The MBPD should add a requirement to its standard operating procedure for the Internal Affairs function that members of the IA unit bring any conflict of interest that is related to a current investigation to the attention of their immediate supervisor and/or commanding officer and withdraw from such investigations. This action will help to support the City of Miami Beachs efforts to ensure objectivity, fairness, and equity in the MBPD IA function.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 50 Recommendation: The MBPD should assemble a comprehensive policy and procedure manual that includes specific directives which address the various issues necessary to complete a fair and unbiased IA investigation, e.g. locating and interviewing witnesses, prohibiting leading or hostile questions, judging witness credibility, probing inconsistencies in witness/officer statements, obtaining medical records, and other investigative tasks.
The Citizen Complaint Process
The MBPD accepts citizen complaints from any source and assigns them for investigation through a process coordinated by the IA unit. Its general orders provide specific direction to all members of the agency for the appropriate protocols to accept citizen complaints, record them, notify a supervisor, conduct preliminary investigation where necessary, and submit complaints through the departmental process. The directives also delineate the organizational responsibility, classification of complaints, and required action by appropriate units within the MBPD.
The MBPD has printed forms available at all police installations and other strategic locations in government buildings where a member of the public may submit either a complaint or compliment regarding the actions of any member of the MBPD. The public may also file a complaint or commendation via the departments website. Such availability is designed to promote confidence in the IA process and to ensure ease of access. This process is consistent with recommended best practices. In fact, the Department of Justice recommends that police departments provide a readily accessible process in which community and agency members can have confidence in an effective citizen complaint procedure The operating principles of an effective citizen procedure are openness, integrity, and accountability. Openness means that the process makes an effort to inform citizens about the complaint process and to receive all citizen complaints, no matter how frivolous some might seem. 14
The U.S. Department o Justice strongly encourages police agencies to make complaint/compliment forms available in all languages used within an agencys specific jurisdiction. Although this is a well-taken recommendation, it may be challenging for the MBPD to conform with it completely, as the City of Miami Beach is an international destination where many languages are spoken. The DOJ also encourages and mandates in some consent decrees that police agencies actually take steps to publicize their citizen complaint process. Some agencies have incorporated this mandate through the use of public service announcements in
14 The New World of Police Accountability, Samuel Walker, 2005 Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 51 conjunction with local media outlets or by employing citizen complaint hotlines, (i.e., 800 numbers), to simplify the process of submitting and accepting concerns about police operations from citizens.
Recommendation: The City of Miami Beach should identify the primary languages spoken within its jurisdiction by both residents and visitors so the MBPD can incorporate them into the publication of their current complaint/compliment forms.
Recommendation: The Miami Beach Police Department should periodically publicize its citizen complaint process and reiterate the access points for filing complaints against or compliments in support of police officers. Currently complaints can be made via the departments web site but other venues can include community centers, chamber of commerce offices, libraries, home offices of local advocacy groups, and other centers for public gatherings.
Disposition Separate from Investigation
Personnel assigned to the IA function in Miami Beach only act as fact finders. That is, the IA process is designed to investigate allegations of police misconduct and complete a report that establishes the most accurate factual rendering possible of the incident based on recorded statements and physical evidence. However, the IA investigators do not render an opinion or recommendation for finding at the conclusion of their investigation. Rather, that function is the responsibility of a disposition panel. The disposition panel is charged with determining whether allegations of police misconduct shall be: Substantiated, Unsubstantiated, Unfounded or Exonerated (MBPD GO #12-05, pg 1).
The practice of deferring to a disposition panel the responsibility for determining the final, recommended conclusion of a complaint investigation was initiated approximately two years ago. Separating the two helps to ensure that the investigation is thorough and not cut short by a premature determination that the complaint will not be sustained. 15 The philosophy behind this transition was to relieve IA sergeant/investigators of the responsibility and pressure of making a command level decision, which is especially important if the subject of the complaint was an officer superior in rank to their own. Additionally, MBPDs process change was designed to increase the objectivity of an investigation by requiring the IA team to provide an independent
15 The New World of Police Accountability, Samuel Walker, 2005
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 52 panel of senior command staff members with an objective, complete, and thorough investigative report. As now designed, the IA unit has become a more palatable assignment for sergeants. The enhanced attractiveness of IA as a desirable assignment is directly based on an increased perception of fairness in the process.
Many departments use an internal affairs process in which the IA investigators recommend the outcome of the investigation sustained, not sustained, exonerated or unfounded. This approach is based on their experience as trained investigators capable of determining the outcome of an investigation, much like a major crimes detective determines whether the evidence in a case merits it being forwarded to prosecution. In some departments this procedure is intended to prevent a re-investigation of the case to support an outcome favored by someone in the officers chain of command. A re-investigation can stretch the time frame of the case to many months.
In Miami Beach, the chain of command of the officer who is the subject of the investigation is not involved in the case review and outcome determination. Therefore, re-investigation does not occur. The chief of police, with the support of agency members and the union, believed all interested parties were better served if such decisions were left to the collective wisdom of senior command staff members with considerable experience in examining allegations of misconduct and resolving complaints. While the goal is consensus, majority vote of these command personnel determines the final recommendation should there be dissent in the final determination of any particular allegation.
The chief of police is the final decision-maker about each complaint lodged against MBPD members. This recently adopted process allows the chief to rely on the combined wisdom and experience of his most senior command staff members for recommended case closures. However, final disposition of each allegation remains the responsibility of the chief of police and cannot be deferred to the disposition panel or any other entity.
This transition of authority in the process has the support in the MBPD of all stakeholders, and as implemented in the MBPD context, it should be continued.
In addition to findings directly related to a complaint filed against the agency or its members, there are occasions where unrelated violations of policy or procedure occur and come to the attention of an agency via the complaint investigation process. These additional acts of misconduct are referred to as collateral misconduct or misconduct outside the four corners of Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 53 the formal complaint 16 . There are divergent opinions about whether an agency should pursue these otherwise undetected violations. Some agencies believe it is absolutely necessary to address the violations, while others choose to ignore them as they were not part of the original complaint. Progressive agencies that are serious about enhanced accountability absolutely mandate that all violations be investigated and resolved via the IA process. The MBPD, to its credit, mandates the investigation and closure of collateral misconduct under all circumstances. Such practices helps to serve notice to all affected by the IA process that the agency is profoundly interested in the integrity of the agency and its members.
Recommendation: The MBPD should add to the section of their standard operating procedure which pertains to IA investigations, language requiring and specifically directing the investigation of all incidents of collateral misconduct. Such investigations should be identified as Collateral Misconduct Investigations and be subject to the same closures as primary misconduct investigations. They should be reported as a separate category of internal investigations. Early Intervention Systems The MBPD has implemented an early intervention system (EIS) using the IAPro software system. This system is used by many law enforcement agencies across the United States and is generally accepted as a highly effective product. There has been debate regarding the title for such a system; some preferring Early Warning System (EWS), while others believing that Early Intervention System (EIS) is a more suitable identifier. The term Early Warning System tends to denote the efforts are primarily based in discipline and sometimes evokes a negative connotation. In either case, the USDOJ has identified use of such a system as a best practice in American Policing. In 2001 the Commission of Accreditation for Law Enforcement Agencies (CALEA) adopted a new standard requiring all large agencies to have an EI system. Standard 35.1.15 reads:
A comprehensive Personnel Early Warning System is an essential component of good discipline in a well-managed law enforcement agency. The early identification of potential problem employees and a menu of remedial actions can increase agency accountability and offer employees a better opportunity to meet the agencys values and mission statement.
It is important to note that the MBPD has been accredited by CALEA.
16 The New World of Police Accountability, Second Edition, Samuel Walker and Carol Archbold, 2014 Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 54
EI Systems are the centerpiece or linchpin of the new police accountability because they pull together other key elements of a departments accountability process, including primarily use of force reports and citizen complaint data A centralized database on officer performance allows commanders to identify those officers whose performance records raise concerns. These officers are then referred to some kind of intervention, typically counseling or retraining, designed to improve their performance. 17 These systems depend on data analysis derived from a number of performance indicators. One could easily compare an EI system to a Compstat system as the theories behind both are similar. Both systems seek to define an appropriate operational strategy to address a readily identifiable issue or problem.
The systems are designed to examine previously determined data points in an effort to identify whether an officers performance is somewhat askew from other officers with whom he or she is working. This is accomplished by setting thresholds which bring specific conduct to the attention of the examiner, and then setting a process in motion to determine an effective course of action (i.e., counseling, training, intense supervision, etc.). Rather than discipline, these systems are designed to help improve officer performance by way of an informal approach where possible. They can also set the stage for more formal activity where necessary. Ironically, although these systems were originally designed to identify problem officers or bad apples, many agencies have discovered that the systems are equally proficient at identifying outstanding employees as well as average employees. Using these systems successfully requires an intense amount of committed effort by all members of an agencys command staff. Sharing data about individual officers is at the core of a systems potential for being a beneficial management tool. An effective EI system has the potential to hold individual officers accountable, transform the role and effectiveness of supervisors, and ultimately, may have a positive effect on changing the culture of an agency.
According to Walker 18 , [t]he relationship of an EI system to organizational change is twofold. First, the development of an EI system itself represents an important change: a concerted effort to monitor officer performance. Second the long-term impact of an EI system has the potential for changing standards of accountability and ultimately the organizational culture of a police department.
17 The New World of Police Accountability, Samuel Walker, 2005, p.102 18 The New World of Police Accountability, Samuel Walker, 2005, p.103
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 55 MBPD implemented IAPro as its EI system within the past two years and has recently implemented a second phase of the product known as Blue Team. This second phase is designed to assist the agency in better examining the performance of its employees. The MBPD has charged the IA unit with coordinating all aspects of the IAPro system. All information in the system is maintained at the IA units main office and is accessible only to authorized members of the IA unit. No data is shared with any other member of the agency in its current format. While this is optimal for security, this process is counterproductive to the design of an effective EI system. Rather, information entered into the system should be analyzed and made readily available to any employees chain of command. Obviously, the level of access to an employees data should be commensurate with the level of supervisory or command authority of the person receiving the information. Higher levels in the chain of command should receive greater access to data about officers under their command.
Recommendation: The MBPD should use the full functionality of the IAPro system incorporating all aspects of an effective Early Intervention System (EIS) including a data sharing principle that would allow access by appropriate supervisors and command personnel. Appropriate training should be provided to all supervisory/command personnel in the agency to familiarize each with the IAPro system, its potential benefit when used correctly, and to ensure effective implementation of the agencys EI system.
MBPD currently uses in its EI system a data point analysis based on thresholds established for all officers across the city. The behavior of an officer working midnight shift on weekends in South Beach, who is likely to have many more negative public contacts, is compared to the behavior of an officer working in the northern part of the city during weekdays who is likely to have fewer but more positive public contacts. In jurisdictions where the nature of the city requires a distinct difference in enforcement needs, agencies create peer comparison groups based on officers assignments. Peer thresholds are established for those officers who regularly work nighttime in active, more dangerous and challenging areas. A different set of thresholds is established for officers who regularly work weekday day shifts in quiet, predominately residential areas.
Agencies that use different thresholds depending on assignment often believe that officers in some neighborhoods, based in part on the sheer volume of contacts and the nature of a neighborhoods higher crime, will need to resort to the use of force more frequently and will be the subject of more citizen complaints because of the volume of arrests they make. In fact, some have suggested that arrestees make complaints against the arresting officer as a bargaining chip to trade for reduced charges and possible leniency. However, an argument can be made that a department that has heavily invested in training its officers in procedural justice and de- Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 56 escalation techniques should not have different thresholds depending on officer assignment. In its most sophisticated application, EI thresholds can be used to identify top performing officers regardless of their assignment.
Recommendation: The MBPD should examine the extent to which there are differences in officer behavior depending on assignment, as measured by triggering the Early Intervention thresholds. Are officers as a group regularly assigned to the more active or risky beats and shifts in South Beach more likely to exhibit behaviors that approach or exceed the EI triggers than officers working the more placid beats and shifts in other parts of the city? If such comparisons show significant differences, the department should, at least temporarily, implement a peer based comparison procedures as part of the EI system. Officer performance should be assessed against that of their group of peers who work in similar circumstances. However, if disparities are discovered based on work assignments, the department should put greater emphasis on training its officers in procedural justice and de-escalation techniques with the eventual expectation that a single set of thresholds would apply to all officers.
External Oversight
Currently, the city of Miami Beach does not employ any form of external oversight of the MBPD and its IA process. Moreover, the MBPD does not conduct an internal audit of the IA process, thus missing an opportunity to conduct an inspection of one of the agencys most critical functions. Nationally there is much debate regarding the effectiveness of external oversight. Such a check and balance system has been demanded by civil rights groups since the 1960s.
As cited in an October 2003 Police Chief 19 article, On one side of the debate, there are those who assert that internal review and control is the only way to manage the problem of misconduct. Basically, they argue that the involvement of citizens without intimate knowledge of law enforcement procedures and legal limitations will only muddle the review process. The other side of the debate revolves around the enormous amount of power and authority possessed by police agencies, arguing that this unique power and its associated discretion make it imperative that members of the public have a means of redress if officers abuse their powers and seek protection from scrutiny behind the blue wall of silence.
19 http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=111&issue_id=1020 03 Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 57 Civilian review panels such as the Office of Municipal Investigations (OMI) in Pittsburgh and the Citizens Complaint Authority (CCA) in Cincinnati are two forms of external oversight evolving from agreements with the U.S. Department of Justice. This form of external review is composed of a group of citizens authorized to conduct investigations of serious misconduct alleged to have been committed by the jurisdictions police officers.
Another example of oversight is the independent police auditor, who is usually an employee of the city/county. This position has the potential to be a broader and more effective form of external oversight in a police agency. Walker 20 has argued, [t]he crucial aspect of the police auditor concept is its focus on organizational change. This distinguishes it from civilian review boards, which investigate individual complaints. Instead of focusing narrowly on the culpability of officers in particular misconduct incidents, police auditors focus on organizational problems that underlie such incidents.
In addition to the previously identified oversight processes, the use of an ombudsman or other highly respected professional (i.e. retired judge or prosecutor) can be an effective tool to review an agencys internal investigations and ensure accuracy and transparency in the process. Depending on the number of cases handled by the agency, the process could be done quarterly, biannually, or annually.
Recommendation: The MBPD should adopt an annual external police oversight mechanism such as an independent auditor, ombudsman, retired judge or prosecutor or other hybrid component to conduct a review of all internal affairs investigations. The U.S. Department of Justice has routinely mandated the creation of an external oversight component in consent decrees and memoranda of agreements during the past 15 years. Such documents serve as excellent references for the considerations involved in establishing an oversight mechanism.
Technology
The MBPD IA unit generates a considerable number of reports, associated documents, videos, images, pictures, DVDs and other evidentiary material. IA staff reduces all of this information into written reports. The other documents, pictures, evidence, etc. are collected and preserved in traditional physical fashion. These reports and the associated evidence have a mandated retention period, and therefore the final work product must be preserved and stored in a protected
20 The New World of Police Accountability, Samuel Walker, 2005, p.135 Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 58 environment. The storage is currently accomplished by maintaining these items in a locked storage facility at the IA main office. There are no copies of the files and their storage is limited to the protection provided by the current facility, a converted library building that was constructed during the 1950s. Obviously fire and water contamination in a city in a hurricane- prone section of the country are two threats to the preservation of these records as mandated by law. Older records are stored off-site elsewhere in Miami-Dade County.
Current technology provides more efficient methods for creating the required documents and storing them in electronic systems that provide redundant backup of the files in a secure environment. Such systems usually comply with state retention laws.
Another issue of technology arises from the frustrations expressed by the MBPD IA unit personnel about the inability to resolve some complaints that are one-on-one or commonly referred to as he said-she said, or accusation-denial complaints. These complaints typically evolve from a negative contact between a citizen and a police officer where no other evidence exists, except for the statement of the complaining citizen and the officers version of what occurred during the incident. These types of complaints are nearly always closed as not sustained as there is no way to determine who is more credible. These investigations can leave a member of the public with an extreme sense of frustration and the feeling that the police department is covering up an officers wrongdoing. Conversely, officers who are the target of false accusations will often be frustrated that they cannot exonerate themselves. This type of frustration often leads to poor morale and a reduction in desire to perform at acceptable levels. Until recently, there was little, if anything, police agencies could do to address these situations.
During PERFs review of the IA unit and process, PERF staff asked whether the IA members believed incorporation of on-body recording systems (body cams) could be an effective tool in helping to resolve complaints against police officers. All members of the IA unit enthusiastically expressed their support for such technology and believed it could greatly enhance the IA process in the MBPD.
Furthermore, the IA staff was deeply interested in transitioning to cloud-based record management systems as a means of maintaining department records in a much more secure environment. Our examination of the IA units facility included inspection of a number of extremely large case files. All of that material, if created and stored in digital form, would easily be available to the unit on a tablet or laptop. Transition to such a system would also help to increase useable office space that is currently used for storage of these same department records in the form of storage boxes, and filing cabinets. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 59
This type of technology would also afford the department an opportunity to improve its ability to identify, collect and preserve evidence at crime scenes, traffic accidents and any other type of officer/citizen contact. Furthermore, on-body recording systems provide an enhanced opportunity for improved training based on real-life experiences; more effective supervision based on real-time review of officer performance; and an obvious commitment to improving the overall effectiveness and efficiency of the agency by employing state-of-the-art technology designed to improve performance at all levels.
Recommendation: The MBPD should implement a records management system, designed specifically for the IA function, that incorporates cloud-based technology to provide redundant backup systems in a secure environment. This system would permit personnel to utilize electronic tablets for note-taking, recording statements, data sharing, photographs, video production, and other functions during the investigative process, thus improving effectiveness and efficiency. Such a transition would also permit the office to be freed of clutter resulting from storage of closed case files maintained in compliance with records retention laws.
Recommendation: The MBPD should strongly consider implementing the use of officer body worn cameras. Technology in this field has improved significantly over the past five years and adoption of this equipment is widely seen as the wave of the future in policing. When used properly, these systems provide real-time audio and visual recordings of all incidents where an officer has invoked his or her authority as a public official. These recordings can greatly assist an agency in resolving complaints; identifying, collecting, and preserving evidence; enhancing training; and improving front- line supervision. Cloud-based, digital evidence management systems for the video evidence are also available which assist the agency in maintaining the integrity of its investigations. The U.S. Department of Justices Community Oriented Policing Services and the Police Executive Research Forum will soon be releasing policy and practice recommendations regarding the use of body worn cameras. Off-Duty and Secondary Employment Off-duty and Secondary Employment details, as they are often called, have been a matter of debate in American policing for decades. Broadly, off-duty and secondary employment is the hiring of off-duty police officers by private entities to assist the private entity in assuring the safety of both people and property, at a designated location within a prescribed timeframe, all of which is owned or under the control of the entity hiring the off-duty officer(s). Other varieties of Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 60 off-duty details exist and range from a simple traffic post at a construction site to dozens of police officers hired to maintain security at an international art show, a rock concert, or a professional sporting event. Many of the clubs in South Beach employ off-duty police officers to enhance security. Any number of issues can arise during the conduct of such details. The majority of these issues are similar to the same issues with which a police department is challenged on a daily basis.
The most serious of these issues involve secondary employment where a conflict of interest is present and a police department has approved the detail. Officers who work agency-approved, secondary employment are a legal extension of the approving police department, carry the same power and authority as on-duty police officers, are acting within the scope of their authority as sworn, certified police officers, are working as agents of the police department, and are directly accountable to the agency, as well as the community, for the performance of their duty while actively engaged in off-duty paid details. Because the agency has approved the secondary employment, the agency and its home jurisdiction (the City of Miami Beach in this case) have assumed the liability for the officers performance and may incur worker compensation costs for any injuries and/or disability suffered by officers working off-duty details. The city may also be exposed to legal liability for any challenged officer behavior while he/she is employed on the detail. It is therefore critically important for the city government and police administration to ensure adequate control over members of the department who choose to engage in secondary employment. Off-duty employment can be a source of a pattern and practice of officer misconduct.
Off-Duty and Secondary Employment System
Off-duty and secondary employment poses a number of benefits and challenges to a city and its police department. One advantage of such a system is markedly increased uniformed patrol force, at little or no cost to the city. Disadvantages range from simple complaints of discourtesy to corruption or other criminal misconduct on the part of officers engaged in working off-duty paid details.
In the city of Miami Beach, recent statistics gathered from the Secondary Employment Unit indicate that MBPD officers work as many as 85,000 hours of secondary employment per year within the city limits. This is the equivalent of having nearly 41 additional full-time police officers in uniform and working at a variety of locations throughout the city. More importantly, these off-duty details generally occur in areas of the city which are subject to an increase in activity which may affect the safety and well-being of people in that vicinity. Private entities Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 61 pay for this additional complement of officers; and they still fall under the direct authority of the MBPD. As such, the officers serve as a supplemental force that is readily available to the city at a moments notice. This is a benefit to all stakeholders that is both attractive and impossible to deny although it does present some concerns.
Miami Beach, like other cities across America, can experience the downside of permitting officers to work off-duty paid details. Among other things, officers can develop a sense of allegiance to a secondary employer and choose to ignore their sworn duty in order to protect a source of steady, supplemental income. If a city chooses to offer off-duty employment of officers, it must enact the appropriate policies, procedures, training, supervision, and inspection of such a system.
Recently the New Orleans Police Department had been plagued with so many instances of officer misconduct that the USDOJ found it necessary to included secondary employment as a key portion of the consent decree between the city and the federal government to address inappropriate and illegal conduct by members of that agency. This action was initiated to ensure, that officers and other NOPD employees off-duty secondary employment does not compromise or interfere with the integrity and effectiveness of NOPD employees primary work as sworn police officers serving the entire New Orleans community (US v New Orleans 2012).
The New Orleans consent decree document can serve as an example for the MBPD. MBPD has already put in place many safeguards for an excellent off-duty and secondary employment system. Continued improvements should be examined to enhance the effectiveness and efficiency of the MBPD and to further protect the integrity of city government.
As an example, the New Orleans consent decree identified six components necessary to be included in an effective secondary employment system:
Secondary Employment Coordinating Office Coordinating Office Responsibilities Secondary Employment Compensation Limitations on Secondary Employment Work Secondary Employment Employee Responsibilities Secondary Employment Supervision Each of these sections contained a number of tasks that must be designed and implemented to satisfy the consent decree. Many of these tasks have already been implemented by the MBPD in Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 62 its existing system. However, the MBPD can adopt additional elements described above to further improve its system.
Secondary Employment Coordinating Office
The MBPD has established an Off -Duty Office with the authority to arrange, coordinate, and perform administrative functions of the MBPD secondary employment system. A sergeant currently commands that office and reports via a lieutenant to the major of the Support Services Division and has a minimum staff at his disposal. 21 The office operates in accordance within departmental policies and procedures governing secondary employment. The coordinating office is located within and operates as a direct function of the MBPD.
In the example of the consent decree with the New Orleans Police Department (NOPD), the USDOJ recommended that the Coordinating Office be directed by a civilian director with no actual conflict of interest or appearance of conflict of interest (US v New Orleans 2012; 85). The director may not be a present or former police department employee, must serve in an unclassified position at the pleasure of the Mayor and must be independent from actual or perceived influence of the police department.
In this example, the director and all other coordinating office employees salary cannot be associated with the number of off-duty details worked by officers and/or the amount of money generated by the secondary employment system, ensuring that there is no financial incentive to those employees other than their salaries. Furthermore, the coordinating office may only be staffed with non-sworn employees who have no conflict of interest or the appearance of a conflict and may not have been police department employees within the past two years.
Recommendation: The city should revamp its Off-Duty Employment Office and establish it as a coordination office that is free of influence and/or control of the police department. In addition, the city should consider creating a director position to act in an autonomous fashion although still governed by a highly structured set of rules and regulations specifically designed to enhance and maintain the integrity of the department and city government. The director would evaluate and coordinate off-duty details with an executive level MBPD staff member to ensure adequate controls and staffing are in place. Where concerns over the secondary employment system exist, these safeguards can serve
21 While not a systemic defect, the current sergeant in charge of the office is married to the commander of the Internal Affairs unit, the very entity that would be tasked to investigate any allegation of a problem with an officer on detail assignment. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 63 as a major step in establishing control over the liability associated with off-duty paid details.
Off-Duty Employment Office Responsibilities
If established separate from the MBPD, the Off-Duty Employment Office would maintain a searchable list of off-duty details, accessible to the departments employees, along with a roster of employees interested in working secondary employment. The establishment of a fair and equitable rotation policy for details is essential. The rotation policy may establish consideration such as seniority and area of on duty assignment versus area of detail work. The rotation policy can provide exceptions for a limited number of details and leave some discretion to the coordinating office where work may require specialized skills and/or specific training.
The MBPD policy (SOP 011) requires the Off-Duty Employment Team creating and maintaining documentation for each off-duty detail as well as for each employee who works in an off-duty capacity. (SOP 011, p1.) However, assigning officers to work details in Miami Beach depends on the type of detail temporary, permanent off-duty or special events. Temporary details are short term and non-repetitive. They are filled from a list of off- duty available officers maintained for four weeks. They are staffed in the following sequence (SOP 011, p.3): 1. Employees on the list that do not have a permanent off-duty detail, by Department seniority; 2. Employees on the list that have not worked a temporary off-duty detail that current week, by Department seniority; 3. Any available employee ; Permanent Off-Duty details are repetitive, involving the same employer. The first step in filling these details is the selection of a job coordinator. According to SOP 011, p.5, job coordinators are selected by the following process: 1. Every six months, in conjunction with the Departments shift bid process, a notice is to be placed in the Official Bulletin soliciting the names of officers interested in coordinating off-duty details. 2. Officers that do not coordinate an off-duty detail shall be given preference over officers of any rank that already coordinate a permanent off-duty detail.
Further provision include that job coordinators shall be selected by rank, then seniority and that job coordinators cannot coordinate more than two permanent off-duty details at the same time although exceptions can be approved by the Off-Duty Team.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 64 Job coordinators are then responsible for staffing and scheduling the off-duty details they coordinate and interact directly as liaison with the employer and the off-duty office. They also have the authority, which can be reviewed, to dismiss an employee from their off-duty detail. There are no stated guidelines that refer to how they select officers to staff their details, although there is a provision that the Off-Duty Team is to ensure all eligible employees are granted equal opportunity to available off-duty details.
In multiple interviews MBPD employees referred to these permanent details as closed details with little turnover in job coordinators who own the detail for long periods of time. Review of the agencys records indicated that some officers had ownership of a detail for many years, and that even command staff officers controlled details. This practice prevents the department from maintaining total control of the secondary employment system and may provide the opportunity for creation of a de facto hands off policy. This is especially true where a high ranking officer who has influence over an employees on-duty status is in control of these closed details.
Special Events details are infrequent, one time or annual events, which require a City permit and may involve large numbers of people and the use of City property, streets and/or parks. Policy dictates that the Off-Duty Team shall designate a job coordinator for each Special Event based upon an evaluation of the number of participants, the number of off-duty employees needed and the events potential impact on the community. Furthermore, officers that coordinate Special Events on an annual basis shall be allowed to remain the event coordinator. Once the officer does not wish to continue coordinating an event, the event shall be given to an officer on the rotation list. An officer cannot give the coordinator position to another officer; it must be assigned by an Off-Duty Team supervisor. (SOP 011 p.4)
The job coordinator duties for special events are the same as for permanent off duty details. They select and schedule which officers work, with no policy guidance. PERF staff heard the same criticism of them as with the permanent details.
Recommendation: The MBPD should mandate that all details are controlled and coordinated and that all officers are assigned by the Off-Duty Employment Office with the office configured separate of the MBPD as recommend above. The MBPD job coordinator position should be abolished and any closed details eliminated. The Off- Duty Employment Office should perform all the duties that have been delegated to the job coordinators and should be staffed appropriately. There should be no distinctions Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 65 among the assignment processes based on the type of detail. Instead, the Off-Duty Employment Office should maintain a master calendar of all detail opportunities, along with a master list of employees desiring to work off-duty details. The initial officer list should be by seniority. Three weeks in advance of a detail, the first person on the list should be offered the opportunity to work the detail. If that person chooses not to work the detail, then the next person on the list is offered the opportunity, and so on down the list. Once an officer accepts a detail, his/her name goes to the bottom of the list. If a person refuses two straight opportunities to work, his/her name goes to the bottom of the list. This process will end detail ownership and will provide a fair and equitable process for those wishing to work off-duty details.
The example of the NOPD consent decree specifies that only the coordinating office can select officers to work details and employees are strictly prohibited from permitting another employee to work the detail in their place. This prohibition is in place to protect against officers either selling details after they have been chosen for them or prohibits officers from signing up for multiple details at the same time, being selected for more than one detail, and then receiving a kick-back from another officer to whom he has relinquished the work.
Recommendation: MBPD GO #13-08 section X.B.4 should be revised to prohibit employees from being responsible for finding a replacement Full-Time Sworn Officer if the employee is unable to work a scheduled off-duty detail. The employee should immediately notify the Off-Duty Employment Office, which will find a replacement. The MBPD should consider one of the available off-the-shelf personnel software scheduling tools to assist the agency in notifying and scheduling officers for off-duty details.
The following are additional progressive practices and have been identified by the DOJ in consent decrees.
The Off-Duty Employment Office should have the authority to suspend officers from details or completely remove them from details for a specified period of time for poor performance, policy violations, etc. The MBPD must require all officers volunteering to work off-duty details to complete and submit a form requesting permission to do so and acknowledging the departments policies regulating off duty employment. Supervisor responsibility should be described for each off-duty detail whether by on-duty or off-duty supervisors working the detail. The Off-Duty Employment Office should Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 66 mandate, based on direction of the MBPD, how many supervisors are required to work large scale events and details. The Off-Duty Employment Office must maintain a searchable database of all secondary employment, who worked each detail, the number of hours worked, and the assignment locations in both historic and current formats. The City should establish a fee schedule to offset costs associated with the coordination and required support provided through the Off-Duty Employment Office including administrative fees, hourly wage rates, and equipment usage. Other variables may be considered based on the services requested by the individual vendor. The Off-Duty Employment Office must require that all potential employers work through its office and ensure that payment by the employer for all details is made in advance of the actual work to be performed. The office must also ensure that the secondary employer is aware the detail officer is to receive absolutely no additional compensation of cash or in-kind gifts. This applies to the officer, his/her family and any other person acting on the officers behalf. The MBPD should also prohibit any officer from supervising another employee of higher rank during off-duty and secondary employment.
Recommendation: The Miami Beach Police Department should change SOP 011 section X.B.12 from Officers of a higher rank may work a detail coordinated by a lesser ranking officer to Officers of a higher rank are expressly prohibited from working a detail coordinated by a lesser ranking officer. This recommendation may be moot if the department eliminates the job coordinator position as recommended above.
The Off-Duty Employment Office should continue to make an annual public release of information regarding the number of officers who have worked details, average number of hours worked, salaries, and total net and gross amount of City income derived through secondary employment. In the MBPD 2012 Annual Report p21, the following statement appears: During 2012, the Off-Duty Team scheduled officers for 72 Special Events and 657 temporary off-duty jobs for a total of 79,437 hours and collected $825,740 in administrative fees.
Secondary Employment Compensation
Secondary employment compensation rules are a critically important component of the entire system. They provide controls for all payments required for off-duty details. These rules help protect against unauthorized payments and the solicitation of illegal, unethical and immoral forms of compensation. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 67
The office is responsible for creating an auditable system to ensure all secondary pay is made to department employees. Officers are not permitted to receive any form of compensation directly from the secondary employer. Rather, all payments are made through the city and officers are compensated on their paycheck. Travel time is not compensated unless specialized department equipment is required to be used for the detail. The department is responsible for notifying all officers that circumventing or attempting to circumvent this policy shall subject officers to discipline up to and including dismissal.
The MBPD has implemented these requirements as part of their secondary employment system. Its current implementation is consistent with best practices for managing compensation.
Travel time, however, was identified as an issue in the detail system. There is no mandate in the MBPD secondary employment system for a break in time between the officers end of tour of duty and the beginning of an off-duty detail. Hence, an officer who ends his regular tour of duty in the north section of the city at 3:00 PM can begin a detail at the extreme south end of the city at 3:00 PM. Obviously, it is impossible to be in both places at the same time.
Recommendation: The MBPD should mandate that a period of at least 15 minutes must exist between an officers on duty working hours and his or her secondary employment. This action would protect both the city and the secondary employer from paying for services which cannot possibly be provided (i.e., it is impossible for an officer to be in two places at the same time).
Limitations on Secondary Employment Work
An effective off-duty and secondary employment policy must establish requirements for applying to work secondary employment and must set performance standards which must be maintained if one wishes to be selected for off-duty details. In Miami Beach this means officers must be state certified and have completed all field training and probationary periods before becoming eligible for off duty work. MBPD provides the following list of those eligible for off- duty work on SOP 011, section III.A C.: A. 1. Assistant Chief; 2. Majors/Division Commanders; 3. Captains/Commanders; 4. Lieutenants; 5. Sergeants; 6. Police Officers, who have successfully completed the FTO program; Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 68 7. Reserve Police Officers, pursuant to the standing Fraternal Order of Police (FOP) and City of Miami Beach agreement; 8. Public Safety Specialists (PSS); a. PSSs who are trained and have received certification in traffic control and direction, and are employed as traffic control officers, may be permitted to work off-duty only if; 1) A non-governmental entity is paying for traffic control on public streets, highways or roads and full time law enforcement officers, as defined in FS 943.10(1), are unavailable to perform these responsibilities. Both criteria must be met in order to ensure compliance with FS 316.640(3)(b). 9. Other employees are authorized to work off-duty details performing their specific job function in an off-duty capacity when needed. B. Reserve Officers, Detention Officers, PSSs and PETs who are scheduled to work an off-duty detail shall be required to relinquish that off-duty detail to a full time police officer should one become available up to twenty-four (24) hours prior to the scheduled starting time of the off-duty detail; C. Other police agencies shall be authorized to work off-duty details in the City of Miami Beach at the discretion of the Chief of Police or designee. In the event the Department initiates Alpha/Bravo scheduling, mutual aid pact agencies may be used for off-duty details pending authorization by the Chief or designee.
Recommendation: Although command staff positions may work certain types of off-duty jobs they should be prohibited from working off-duty details. The deputy chief, majors and captains should be removed from the list of those eligible for off-duty details. These management employees are salaried rather hourly workers. They are not covered by the FOP contract and according to federal Fair Labor Standards Act provisions are not eligible for overtime. Working off-duty details diminishes their standing as command officers.
An important factor taken into consideration is the establishment of limits on when an officer can work details if he or she has been absent from work due to illness or due to any of several other listed reasons. This section requires that an officer who has been absent from work, return to full duty status and have completed a full tour of duty prior to working an off-duty detail. This requirement protects the city from officers who may feign the use of sick time then work a detail in the same time period they were scheduled to work in an on-duty status.
Critically important in any off-duty and secondary policy is the thorough review of secondary employment that may pose a conflict of interest, particularly where the officer and/or the department have some type of regulatory authority over the entity requesting an off-duty detail. This is a very important as it addresses instances where corruption could easily find its way into Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 69 the police department due to an improper association and development of a hands-off practice to protect supplemental income which may be provided in the form of illicit services.
The policy should also set tighter limitations on the number of hours an officer may work in a 24-hour period and a seven day work week. Limitations are also set for reserve officers in terms of hours worked, time in service and adherence to department regulations.
Recommendation: The MBPD should further restrict the number of hours an officer should be permitted to work secondary employment work on the days the officer is working. The department should prohibit officers from working more than 14 hours in a 24 hour work day 10 hours on duty and no more than four hours in off-duty details. The limitations on off-duty work provide protection against officers working an excessive amount of hours which can lead to reduced effectiveness and a lack of performance in either on, or off-duty capacities. The MBPD currently permits officers to work 72 hours in a work week (40 hours on duty and up to 32 hours off-duty) and 18 hours in a day (i.e., 10 hours in the regular shift and up to an eight hour detail before or after their regular tour of duty). This does not include off-time spent in court or overtime required by exceptional circumstances. Exhaustion may lead to health issues and other problems in ones personal and professional life, not to mention a reduced ability to function effectively. The department should consider redefining the current limit of 72 hours worked per week to include regular hours, off-duty details, and overtime.
Recommendation: The Miami Beach Police Department should expressly prohibit its employees from working off-duty as Personal Security Escorts as now permitted by SOP 0111, section XVI. Working as a body guard can easily create a conflict of interest and could impair an officers independence of judgment.
Secondary Employment Employee Responsibilities
Employees who wish to work secondary employment should submit a registration form before starting any detail and annually thereafter. This action is designed to establish that the officer understands that working the secondary employment is a privilege of being a city employee; that the officer represents the city; that the officer must abide by department rules and regulations; and that the officer is subject to discipline for any misconduct while working off-duty details. By requesting authorization officers also must acknowledge that during their off-duty work they have the same responsibilities as when on-duty for: carrying specific equipment; documenting Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 70 their activities as though they were on duty; and reporting any allegations of misconduct that may come to their attention. 22
Recommendation: The MBPD should incorporate language in its off-duty request forms to remind the officer of his/her duties, obligations, and expectations. Although these issues are addressed in other rules and regulations, the annual registration and re- registration is a valuable tool in establishing the officers knowledge of his or her duties and responsibilities. It also serves as a reminder to the officer that he or she is not an independent contractor but rather is an employee of the City of Miami Beach acting under the color of law. This requirement would also serve to counter any claim that an officer did not know, was not aware, or was never told that he or she was responsible to the city as an employee. This excuse occasionally surfaces in arbitrations where an employee pleads ignorance as an excuse for inappropriate behavior, somehow rationalizing that the city is at fault for not having made them aware of their status as an employee of the city, even as they work an off-duty detail in uniform and under color of law.
Secondary Employment Supervision
Additional supervision is often required during off-duty and secondary employment details. Departments must consider all staffing levels where supervision is mandated. Depending on the detail or special event, it can encompass supervisor needs ranging from a sergeant to a captain. It would be prudent for MBPD to review its current practice for reviewing supervision levels in its secondary employment system, and ensure that adequate coverage between on and off-duty supervisors is provided. Police Pursuit Police pursuits in any jurisdiction represent an area of extreme high risk, since they can result in serious injuries and severe property damage. Police pursuits therefore are a major public concern. It is imperative that police agencies have explicit pursuit policies that clearly define what is permitted and what is not. Restrictive pursuit policies, coupled with training and after- action reviews, ensure that officers understand the serious nature of high speed pursuits and their potential aftermaths.
22 The DOJ Consent Decree with the NOPD identifies several of these factors for reference use Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 71 Pursuit Policy
The policy governing pursuits for the Miami Beach Police Department is SOP 014 and amended by General Order 14-01, drafted on February 13, 2014. MBPD officers are permitted to pursue a vehicle when an officer has a reasonable belief that a violent felony has been or will be committed. All other pursuits are prohibited. MPBD policy further clarifies how officers are to make decisions to pursue:
1. Officers may initiate pursuits only where there is a reasonable belief that a violent felony has been committed, or will be committed. 2. A violent felony must involve violence or the threat of violence to another person (such as murder or manslaughter, kidnapping, armed robbery, sexual battery, aggravated assault, or any other felony which includes the use or threat of physical force or violence to a person). 3. MBPD policy stipulates that engaging in a pursuit is tantamount to the decision to use deadly force. 4. Officers and supervisors must use best judgment based on training and experience. 5. Officers and supervisors must weigh the seriousness of the offense and determine whether the risk of pursuit under current conditions is reasonable. 6. Only vehicles with emergency equipment are permitted to engage in pursuits. 7. Other types of vehicles, such as unmarked vehicles or motorcycles must get a supervisors permission to engage in pursuit, and only may do so until receiving assistance from a marked vehicle. 8. Officers are prohibited from engaging in a pursuit while transporting non-police personnel.
Typically, no more than two marked units are authorized to engage in a pursuit. Other officers, designated as back-up units, monitor the pursuit and respond to anticipated locations along the route. They may position themselves at particular locations so that they can render emergency assistance when needed.
When initiating a pursuit, officers are to notify the Public Safety Communications Unit via radio and relay their location, direction of travel and estimated speed, along with a description of the fleeing vehicle. Officers must also relay the specific reason for the pursuit and any laws violated. Pursuing officers are to change from a primary pursuing vehicle to a support or back- up unit when an air unit gets involved in the pursuit, or when another police vehicle is closer to the fleeing vehicle. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 72
Pursuing officers are prohibited from deliberately making contact with the fleeing vehicle, or physically forcing it into parked cars or other obstacles. Officers are also prohibited from conducting pit maneuvers, ramming or driving alongside the fleeing vehicle while it is still in motion. SOP 014 further specifies that pursuing officers must operate the police vehicle in such a way that does not endanger life and property, and ensure at all times that the safety of all persons using the highway is prioritized. Roadblocks are prohibited.
MBPD policy states that officers are prohibited from firing shots from or at a moving vehicle, unless the officer has done everything he/she can to move out of the way of the vehicle, or according to policy, the officer has determined that shooting the driver and/or occupants is the only action the officer can take to prevent the imminent danger of death or serious physical injury to himself, other officers or another person.
Recommendation: The MBPD should make it a high priority to update its Use of Force policy to simply and specifically state that officers are prohibited from shooting at vehicles unless the occupants are attempting to use deadly forceother than the vehicleagainst them. Such policy is a nationally accepted best practice. Shooting the operator of a moving vehicle does not result in a stopped vehicle it simply raises the chances of danger or injury from an uncontrolled vehicle.
Officers are to terminate a pursuit when the violation is determined to be a traffic infraction, a non-violent felony or a misdemeanor. Additionally, officers are instructed to terminate a pursuit when the fleeing vehicle has increased its distance a great deal, or when the officer loses sight of the fleeing vehicle for an extended period. Supervisors can order a pursuit to be terminated when there is reported equipment failure, or a clear danger exists, such as extremely high rates of speed that significantly exceed the normal flow of traffic. Supervisors must also evaluate other conditions, such as weather or poor lighting, or when the fleeing violator exhibits flagrant violations such as driving the wrong way on a street or highway. Any officer who feels that the pursuit should be terminated can relay this via radio, and discontinue the pursuit.
When a pursuit crosses into another agencys jurisdiction, the Miami Beach Public Safety Communications Unit notifies that agency and advises if the pursuing officer requires assistance. MBPD officers are not authorized to become involved in a pursuit initiated by an outside agency unless authorized by a supervisor. The supervisor must determine that the outside agency unit requires assistance, or that there is clear evidence that an immediate MBPD response is necessary. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 73
Following a pursuit, officers must fill out a Motor Vehicle Pursuit Report and submit it to a supervisor prior to the end of their shift. Any additional officers involved will fill out a supplemental report detailing their involvement, at a supervisors discretion. Supervisors who were in charge of the pursuit must submit a written After Action Report, to their chain of command which travels ultimately to the chief of police. This must be done within 72 hours after the incident. The After Action Report includes a detailed summary of the pursuit, the weather conditions, descriptions of the emergency vehicles involved, the number of vehicles involved, a summary of radio procedures used during the pursuit, a description of any offensive tactics and whether any firearms were used, and what supervisory actions were taken. Supervisors also offer an analysis of the pursuit to determine if any policies were violated. They must also include an Audio Tape Request form along with the after action report. In cases involving a sergeant who drives one of the pursuing vehicles, a manager of higher rank handles the after-action report.
The PERF team examined MBPD pursuit policies, reviewed pursuit after action reports, conducted multiple interviews and participated in several overnight ride-alongs to observe officers and supervisors in the field.
All reports properly capture the events leading up to the pursuit, including traffic density, weather conditions, officer actions, and importantly, suspect actions and a description of the initial crime which led to the decision to initiate the pursuit. Reports reviewed by PERF show a sustained pattern of a clear understanding of the serious nature of pursuits. All reports reviewed emphasize the chain of events that led each supervisor and manager involved to decide if the pursuit was justified and whether it should be allowed to continue. Each pursuit after action report appears to follow a template that ensures clarity and consistency and expedites the review through the chain of command to the chief.
With the exception of recommended changes to policy regarding shooting at moving vehicles, the MBPD process for control, review and evaluation of vehicle pursuits is in keeping with progressive practices. Substance Abuse PERF reviewed documents pertaining to the substance abuse policy for the Miami Beach Police Department and other employees of the City. There are references to four documents that govern MBPD drug and alcohol testing:
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 74 MBPD SOP 135: Drug Testing, last revised 7/15/03 Article 14, Drug Testing from the Agreement Between City Of Miami Beach, Florida And Miami Beach Fraternal Order Of Police William Nichols Lodge No. 8 (Period Covered October 1, 2012 Through September 30, 2015) Random Drug Testing Agreement referenced in Article 14 of the FOP contract; and City of Miami Beach Drug and Alcohol Misuse Prevention, 2/14/2014
These policies govern random drug testing and testing for cause or reasonable suspicion for alcohol and/or drug use. The Random Drug Testing Agreement was not available for PERF review. It is clear from the available documents that MBPD members are subject to testing for unlawful drugs on both a random and reasonable suspicion basis. It is not clear the extent to which officers are subject to either random or reasonable suspicion testing for alcohol.
Recommendation: The city and the MBPD should develop clear and unambiguous policy and protocols that mandate alcohol testing for police officers on both a random and reasonable belief basis. Public confidence in the police department and the safety of both the public and police officers will be enhanced by testing aimed at precluding that officers are impaired by alcohol (as well as drugs).
Currently, Article 14 of the contract between the city and the FOP describes the procedures for drug testing FOP members of the MBPD based on reasonable belief/suspicion that an employee has used an unlawful drug. Reasonable belief testing is guided by objective factors (FOP contract, pg. FOP-46) which would cause a reasonable person to suspect that an employee is under the influence of alcohol and/or drugs while on duty. The MBPD defines Reasonable Suspicion or Belief as, [c]ircumstances which reasonably indicate that an employee may be under the influence of alcohol and/or drugs. These circumstances could include behavior changes, moodiness, disheveled appearance, smell of alcohol, etc (MBPD SOP #135, pg. 3). The term objective factors is not defined in the contract, nor does the contract specifically describe testing for alcohol. However, a form to help identify such behavior is appended to SOP 135.
The employee is directed to submit to a urinalysis to determine whether the suspicion is accurate and, in fact, whether the employee tests positive for one or more prohibited substances. The contract further provides that an employee may disagree and object to the testing if the employee believes there is not a reasonable belief, based on objective factors, that the employee has used an unlawful drug (FOP contract, pg. 46). In such instances, the urine sample(s) are frozen and the matter submitted to an arbitrator for determination, as soon as possible. If the Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 75 arbitrator agrees there is reasonable belief, the testing proceeds as originally directed. If the arbitrator finds there is no reasonable belief, the specimen(s) are not tested and must be discarded. Specific directions exist within the contract dictating the exact testing which must be completed in conjunction with any reasonable belief order to do so.
It was reported that MBPD employees are subject to random testing for drugs and alcohol in accordance with the Random Drug Testing Agreement. However, the Agreement describing the process was not made available to PERF. The process described in interviews indicates that members are randomly selected for testing using a computer software program which nominates two sworn employees every weekday. It was reported that the selection process is controlled and operated by employees assigned to the Police Chiefs office. No members of the MBPD are exempt from the drug testing process as all sworn personnel, including the chief of police, are required to comply with the random drug testing policy. The testing is processed via urine sample and testing is conducted only at an approved facility.
If an employee tests positive during a random drug/alcohol screening, the incident is assigned to the Internal Affairs unit for investigation and report to the police chief.
The citys policy on Drug and Alcohol Misuse Prevention defines Prohibited Drugs or Controlled Substances as follows: These two terms are used interchangeably. Per 49 CFR, safety sensitive employees will be tested for: marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines including methamphetamine. Other controlled substances may be included for City wide purposes in accordance with City policy and contracts of the five bargaining units.
There are no provisions in the MBPDs directives that mandate drug or alcohol testing for officers involved on vehicle crashes or officer involved shootings.
Last Chance Agreement
The FOP contract contains a section that provides the availability of a last chance agreement being afforded any FOP member who has tested positive for either drugs or alcohol as the result of a random or reasonable suspicion drug/alcohol test. The decision to make such an agreement available rests solely with the City Manager, in consultation with the Police Chief, and does not preclude any form of concurrent disciplinary action. An employee subject to a last chance agreement is required to be cleared for return to work by a Substance Abuse Professional (SAP) as selected by the City and must accept unannounced drug testing for a period of no more than two years. An employee is eligible for only one last chance agreement. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 76
It is significant that the FOP contract contains a mandate requiring, [e]mployees who test positive a second time for drugs or alcohol as the result of an unannounced, random or reasonable suspicion drug/alcohol test, shall be terminated from employment with the City (FOP contract, pg. 47). The contract further mandates if an employee who is offered a last chance agreement has his/her certification revoked through Florida Department of Law Enforcement, he/she shall immediately be terminated from employment with the Miami Beach Police Department and shall have no right to grieve, oppose the termination, and no right to any other position with the City (FOP contract, pg. 47).
These sections mandating termination of employment for specific violations of city policy are significant because they represent a strongly worded, powerful agreement between the union and the city demanding a safe workplace, free of dangers associated with employee substance abuse.
The MBPD has employed a variety of rules and regulations regarding employees responsibilities concerning substance use/abuse including, but not limited to, a requirement for all sworn members to immediately report any known infractions of department policy. All employees must review and sign these regulations as part of their orientation phase of initial employment. The city also publishes the Employee Assistance Program (EAP) Managers Guide and a Step by Step Guide for using the EAP, circa 2002. All employees are apprised of the EAP process during their hiring orientation. All supervisors are reminded of their responsibilities regarding the EAP process upon their promotion. There is no indication of any additional training regarding substance abuse, treatment, or services available to police department employees.
Recommendation: The City of Miami Beach should expand its drug testing policies for the police department to include modern, commonly abused, synthetic drugs such as bath salts and performance enhancing drugs, such as steroids. Furthermore, the city should include alcohol in its testing policy as a means of enhancing its commitment to creating the safest possible operating environment for both internal and external customers. These expansions to the current policy would bring the City of Miami Beach in line with contemporary best practices and help to hold its police officers to a high standard of accountability.
This action can serve as a critical element in the agencys efforts to promote a positive environment of health and wellness.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 77 Recommendation: The City of Miami Beach should strengthen its substance abuse policies governing the MBPD as follow. The departments policies should replicate the citys policies as a method of reiterating the importance of officers working without impairment. MBPDs policy, as cited in city policy, should:
Clearly identify the conditions which trigger tests administered for drugs and/or alcohol, i.e. pre-employment, random, reasonable suspicion, post-crash and serious use of force, return to duty, and follow up. Define any incidents where drug and/or alcohol testing is mandated, e.g. immediately following an officers involvement in a critical incident. Policy should include a prohibition from drinking any alcoholic beverages or ingesting any drug until after testing has been completed. Define exactly which supervisor(s) can make a decision regarding reasonable suspicion testing and the specific criteria that personnel must consider in making such a decision. Include language requiring every employee to immediately report to a supervisor or commander, any knowledge or suspicion they have that a fellow employee may be under the influence of drugs and/or alcohol while on duty. This mandate should also include language which requires all employees to immediately report themselves to a supervisor if they have reported for duty under the influence of any alcohol or drug, including prescribed medications, which may impair performance. Include language which prohibits the use of alcohol for a specified amount of time before reporting for ones tour of duty, e.g. 8 hours prior to performance of duty. Include language which provides guidance for action if an employee tests positive for alcohol yet the BAC is less than 0.04%, such as immediate relief from duty and restriction from returning to duty for a specified period of time (24 hours) plus follow up testing to determine his or her level of sobriety. The city has benchmarked 0.04% as the threshold for determining a positive alcohol test. There is no language directing action for a person who tests between 0.02 and 0.039% therefore, it appears as though such an incident would simply be ignored. This is a critical consideration as police officers may be required to make split- second decisions about the use of deadly force or operate a vehicle under emergency conditions during their tour of duty. Mandate employee training to include the distribution of educational materials regarding these requirements and methods for meeting such requirements. Define a specific training period for all employees to ensure awareness of the Citys policies, procedures and protocols. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 78 Mandate specific annual training for all supervisors on the various performance indicators of probable drug or alcohol use/impairment. The training should also include instruction on the specific duties and responsibilities of all supervisors should they be confronted with such a situation including the report of such conditions from a fellow employee or a member of the public. Bias-Free Policing Law enforcement agencies today have increasingly diverse workforces and are serving increasingly diverse communities. Coping with diversity both inside and outside the agency to comply with constitutional and legal requirements, enhance relationships between the agency and diverse communities, and maintain legitimacy throughout the jurisdiction and still provide essential police services has become a fundamental value within most progressive police departments. Officer Tracking and Monitoring The Miami Beach Police Departments processes for establishing standards for bias-free policing and ensuring officer adherence are consistent with recommended progressive practices. They are administered in a fair and equitable manner. SOP 5 makes it clear to all MBPD members that bias in any form is inconsistent with their role as officers and with best practices in the agency. SOP 5 sets the standard for officer conduct. Each relevant MBPD tracking form, incident report, and IA form mirrors the agencys embrace of diversity and commitment to bias-free policing as core values. Recruit and In-service Training Recruitment and training are consistent with the agencys commitment to bias-free policing. Recruitment expressly requires diversity to be considered, as does promotion within the agency. MBPDs training encompasses modules on people of color, diverse communities, LGBT communities, and cultural bias. MBPD has been a leading agency in providing training to officers on LGBT issues. MBPD was one of the first police agencies to have an LGBT liaison officer, and its in-service training sensitively and accurately reflects current standards with respect to transgender individuals. MBPD policy requires officers to treat each individual equally without regard for individual officers expressed or inherent bias. Its search policy explicitly forbids officers from conducting body searches designed to determine the physical anatomical gender of individuals.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 79 Dealing with Complaints of Bias MBPDs internal affairs process, discussed above, is consistent with progressive practices, and meets the standard for addressing complaints of bias. Efforts to Address Unconscious Bias MBPDs in-service and recruit training expressly addresses unconscious bias. PERFs review of these materials included detailed lesson plans on these subjects, and also indicates that numerous officers have qualified as instructors in these areas. Further Challenges MBPD has expressly dealt with many of the challenges resulting from the richness of diversity in its community and its workforce. Its principal remaining challenge is developing a better strategy to police the annual Memorial Day / Urban Beach Weekend event. Past events have been characterized by polarized relations between the police and younger members of the African-American community attending the event.
Urban Beach Week is a hip-hop festival held in Miami Beach's South Beach over the Memorial Day weekend since 2001. The event has become known for its parties and fashions, as well as sometimes problematic incidents. The events of Urban Beach Week are typically spread over five days. The city does not sponsor the event and there is no one organizer. Instead, it is a weekend of rolling performances in private venues. Some years, the Memorial Day Weekend events have run relatively smoothly. On its worst years, as described in interviews, fights break out, punctuated by bursts of gunfire and stampedes. Since Urban Beach Week began in 2001, there have been four fatal shootings associated with the event. Past years have been marred by bad behavior and growing tensions between partygoers and police.
In 2011, police from another jurisdiction working in Miami Beach pursuant to the Citys detail officer policies, fatally shot a man in a car. Several people were injured by the gunfire. Although the event took place in Miami Beach, due to the large number of attendees, Miami Beachs special event detail policy brought hundreds of detail officers from other police agencies into the city to provide a police presence. Miami Beach PD, and the city itself, have suffered from the perception that its officers were hostile to the presence of young African-American event attendees at this annual event.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 80 Recommendation: The MBPD should address perceptions of racial bias in its special events operations by engaging in targeted outreach to civil rights, civil liberties, and minority rights advocacy groups. This will assist in improving its relationships with various advocacy groups and members of the public. In addition, the City should consider creating a special events coordinator position within the department as discussed in the off-duty details section. Additional Identified Department Matters As identified earlier in the report, the review and assessment included interviews with many stakeholders both in and outside of the department. During the course of these interviews, the PERF team became aware of other issues that although not identified in the scope, were worthy of discussion for city and MBPD awareness. The sections below briefly describe theses areas. Organizational Relationships Interviews with city and department staff indicated some strained relations may exist between the MBPD and other city components. The concerns most cited centered on the city attorneys office, budget, pay and benefits, or purchasing-related issues. Challenges and disagreements occur in any local, state, or federal operation, but effective working relationships are necessary for overall success. Interviews with the Mayor and City Manager stressed the importance of all city functions working as a team. Working quickly to improve relationship between the MBPD and other city agencies must become a priority for all. Special Assignment Rotation The MBPD currently has no policy or practice of rotating officers assigned to specialty components of the agency. Although mandatory rotation policies may negatively impact the level of skill needed for certain investigations, such as homicide, it may benefit the agency in other areas such as the departments Special Operations Units Assertive Crime Enforcement Squad (ACE), Crime Suppression Team (CST), and Strategic Investigations Squad (SIS). These particular functions, which essentially operate as day-to-day problem-solvers based on department-identified needs, target specific areas of the city with a variety of police tactics.
Recommendation: The MBPD should review duty assignments particularly among the Special Operations Units Assertive Crime Enforcement, Crime Suppression Team, and Strategic Investigations Squad to ensure that periodic rotations are occurring for both officers and sergeants. Proactive prevention measures such as rotation of duty assignments in areas described above should be part of any agencys misconduct Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 81 prevention strategy. A maximum 4-year assignment in the Special Operations Unit would provide officers throughout the department with an opportunity to serve in these specialized units as well as provide fresh perspectives and diversity in the units. Impaired Driving Discussions with city leaders indicated a concern regarding sufficient resources to target driving under the influence (DUI) offenses. Several recent high profile arrests or motor vehicle crashes have been attributed to drug or alcohol related driving. A Miami Herald September 15, 2013 newspaper article titled DUI arrests down way in Miami Beach 23 , cited DUI arrests were down in Miami Beach as well as many nearby communities including Miami, Miami Gardens, and Doral. Although the article identified a number of potential changes and challenges, from competing police priorities to officer perceptions of lenient court programs, arrests were down 62% from 1,299 in 2009 to 492 in 2012.
The MBPD uses a variety of officers and methods to target DUI offenses including area saturation patrols and DUI checkpoints. Interviews with MBPD command staff indicate they are working to re-certify their current two drug recognition officers and train other officers as well. Limited funding has precluded this in the past. The department does have approximately eight officers assigned to the Motor (motorcycle) Squad that works both day and evening shifts. Their primary focus is on traffic related issues.
Recommendation: The MBPD should enhance its DUI enforcement efforts through the combined use of the Motor Squad, the Special Operations Units Assertive Crime Enforcement Squad and two Crime Suppression Teams. These units, working together as part of their regular enforcement duties using saturation patrols and occasional DUI checkpoints, would enhance the departments DUI enforcement efforts and combat other potential criminal acts discovered through traffic enforcement.
23 http://www.miamiherald.com/2013/09/15/3629749/dui-arrests-down-way-down-on-miami.html Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 82 Crisis Intervention Teams A July 2013 PERF publication titled Civil Rights Investigations of Local Police: Lessons Learned 24 reveals that police use of force has been one of the primary issues behind the U.S. Department of Justices investigations of local police departments for civil rights violations. One of the key aspects identified by DOJ in each mandate is the use of de-escalation techniques when confronted with a potential use of force situation. De-escalation techniques can include the use of verbal skills to bring a peaceful conclusion to a potentially confrontational event, critical when dealing with subjects exhibiting erratic or dangerous behavior due to medical impairment, mental illness, or the influence of alcohol or drugs. Due to the influx of visitors and the citys festive atmosphere, responding to such calls can be a frequent event in Miami Beach.
Although most agencies provide broad training in crisis intervention, many police agencies have successfully implemented crisis intervention teams that can be comprised of specially trained officers and/or mental health providers that can be called upon when handling mental crisis or drug and alcohol abuse situations. The FDLE requires all certified police officers undergo crisis intervention training as part of the recruit academy. But additional specialized training is limited to that provided by the police agency. In reviewing the training curricula for both post academy and in-service training, the MBPD does discuss and address mental health related issues and verbal judo training 25 in both training settings. No specific crisis intervention training was identified.
Recommendation: The MBPD should implement crisis intervention training in both post academy and its yearly in-service training. Based on the number of mental health and alcohol related incidents the agency responds to, crisis intervention training is a necessary and practical tool.
Recommendation: The city and the MBPD should establish crisis intervention teams that are a combination of law enforcement officers and mental health providers. Such teams in other jurisdictions are often available seven days a week and dispatched by 911
24 Critical Issues in Policing Series, Civil Rights Investigations of Local Police: Lessons Learned. Police Executive Research Forum, July 2013. http://policeforum.org/library/critical-issues-in-policing- series/CivilRightsInvestigationsofLocalPolice.pdf
25 Department training designed to provide officers with additional tactical verbal skills to aid them in their daily law enforcement interactions and control potentially volatile situations from escalating. Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 83 operators. The teams are most often used in police encounters with mentally ill persons, suicidal threats, emergency commitments, drug and alcohol related crisis, and situational crisis. Incorporating a working team of officers or combination of officer and mental health providers specially trained to handle crisis intervention events would serve as an asset to the city. A model to be examined is in place in the Palm Beach County Sheriffs Office.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 84 CONCLUSION The Miami Beach Police Department (MBPD) is a nationally accredited law enforcement agency through the Commission on Accreditation for Law Enforcement Agencies (CALEA). This is an internationally recognized process that requires a police agency to meet over 400 standards. MBPD is also one of the largest police agencies in Miami-Dade County with almost 500 sworn and civilian personnel. The MBPDs good pay and benefits attracts law enforcement personnel to work in an environment rich in culture and entertainment.
Over the last several years, police incidents involving both lethal and less-lethal uses of force and other officer misconduct issues have brought community attention to the department, concerning city leaders. In the months following the death of a young man after a MBPD officer deployed an electronic control weapon to effect an arrest, the citys newly elected mayor and city manager sought a review of the agency and many of its policies and practices. The Police Executive Research Forum (PERF) provided this review.
As part of the review process, the PERF team was provided a thorough briefing by the agency and city leaders regarding a number of past incidents including police involved shootings, general use of force complaints, and other officer misconduct involving inebriated officers. With the exception of an August 2013 death involving an electronic control weapon deployment, many of these incidents had occurred prior to the July 2011.
Immediately following a July 2011 incident on city beach, where two on-duty MBPD officers were involved in an alcohol related all terrain vehicle crash which seriously injured several pedestrians, the department implemented several changes to address officer misconduct and a lack of adequate supervision. Many were held accountable for the incident, which appears to have served as a turning point for the agency. The department immediately initiated ethics training for all personnel. More recently, the department began leadership training not just for supervisors and command personnel, but for all officers as well.
PERFs study, which was designed to look at specific components of the agency and how it operates today, resulted in a number of recommendations for the city and MBPD leaders to review and consider for implementation. Overall, the agency provides effective police services in a diverse and challenging environment. But improvements can be made.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 85 Organizational Structure As an organization, the MBPD should review its organizational structure and span of control. Recommended changes should equalize and improve accountability for senior command personnel.
The MBPD should ensure they are selecting the best personnel by working with the city Human Resources director to establish a diverse selection review committee to be used when hiring new officers. To benefit the department in the future and ensure the best officers are promoted through the departments ranks, the city and MBPD should negotiate alternatives to the current police union contract that provides the chief of police the ability to select promotional candidates from a group of officers versus having to select in rank order.
Use of Force Policy A review the departments use of policy and practice identified several recommendations for change including mandating that all use of force episodes are documented, ensuring that all deadly force incidents receive the same rigorous investigation regardless of harm, language in each Memorandum of Understanding regarding use of force, updated terminology for Electronic Control Weapon (ECW) and less- lethal force, and clarification in policy regarding deployment of the ECW. The review also recommends the creation of a Use of Force Review Board (UFRB) to review all use of force cases.
Training With regards to department training, the department should add an additional 20 hours of annual mandatory re-training in the spring of each year. The current state requirement is minimal for a modern professional police agency. The MBPD should include training specific to the topic of de-escalation and minimizing the use of force. In addition, all officers should receive Mobile Field Force training in the areas of civil disturbance and dealing with large crowds. Sergeants should receive training relevant to their new positions as soon as they are promoted. Also, the department should create a leadership development program for its future leaders.
Crisis Intervention Training The department should also implement crisis intervention training in both post academy and its yearly in-service training. Based on the number of mental health and alcohol related incidents the agency responds to, crisis intervention training is a necessary and practical tool.
The city and the MBPD should consider establishing crisis intervention teams that are a combination of law enforcement officers and mental health providers. In many cities these Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 86 teams are often available seven days a week and dispatched by 911 operators. The teams are most often used for police encounters with mentally ill persons, suicidal threats, emergency commitments, drug and alcohol related crisis, and situational crisis. Incorporating a working team of officers or combination of officer and mental health providers specially trained to handle crisis intervention events would serve as an asset to the city
Accountability Although several recommendations were provided regarding the departments accountability systems, the most significant was for the city and the MBPD to consider creating an annual external review process to provide independent oversight of the departments internal affairs investigations.
Body Cameras The use of on-body recording systems, also known as cop-cams or on-officer video, should be strongly considered by the agency. These recordings can greatly assist an agency in resolving complaints; identifying, collecting, and preserving evidence; enhancing training; and improving front-line supervision.
Off-Duty Details Off-duty was of significant concern to city leaders and many interviewed in the review process. A substantial number of recommendations are made to improve the current process. Potential conflict of interests should be reduced. The system should be redesigned to eliminate closed details, and all those desiring to work off-duty should have fair and equitable access to all off- duty employment opportunities. The MBPD should revamp its Off-Duty Employment office to be more in line with the Secondary Employment Coordinating Office recommended by the USDOJ in the example of the New Orleans Police Department.
The MBPD should review the number of hours officers are allowed to work per day as recommended to ensure excessive work doesnt lead to reduced effectiveness and performance.
Shooting at Vehicles And lastly, PERF strongly recommends the MBPD update the Use of Force policy to simply and specifically state that officers are prohibited from shooting at vehicles unless the occupants are attempting to use deadly forceother than the vehicleagainst them. Such policy is a nationally accepted best practice.
Miami Beach Police Department Assessment June 2014 Police Executive Research Forum Page 87 The Miami Beach Police Department has been undergoing significant improvement over the last several years, partly in order to respond to with episodes of high profile officer misconduct. This review provides a blueprint for further enhancement. In most instances the new leadership team has a sound foundation to build a police agency that will be viewed as professional, open and trustworthy to all who live in the city as well as those who that come to the city for its many attractions.