DRAFT REPORT OF THE CITY OF SPOKANE USE ... - Samuel Walker

DRAFT REPORT OF THE CITY OF SPOKANE USE ... - Samuel Walker DRAFT REPORT OF THE CITY OF SPOKANE USE ... - Samuel Walker

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Mr. Earl F. Martin RE: REPORT TO USE OF FORCE COMMISSION December 3, 2012 Page 2 where the items provided were not the current materials being used by SPD or an update was adopted by the department during the course of the project without notice of any such revisions or adoptions being provided. As discussed below in the section pertaining to policy concerns, there remains at this time an issue as to a substantial policy update that was issued by the vendor providing policy recommendations to SPD. That set of substantial recommendations has not yet been adopted. Finally, with regard to materials transmitted for my review, I was provided the entire transcript of the criminal prosecution of Spokane Police Department Officer Karl Thompson which included thousands of pages of testimony. Ultimately, a decision was made by the client to not require review of the entirety of the transcript in preparing this report. MEETING WITH INTERIM CHIEF OF POLICE On June 27, 2012 I met with Spokane Police Department Interim Police Chief Scott Stephens with regard to the evaluation of the Spokane Police Department use of force training and policies, and the FTO program of the agency. My meeting with Interim Chief Stephens included a discussion about staffing issues for the Spokane Police Department; an overall historical perspective with regard to the Otto Zehm incident and the federal criminal prosecution of Spokane Police Officer Karl Thompson; the formation of the Use of Force Commission and the Mayor's 100-day plan; and other general areas of concern related to tasks for which I was retained. Interim Chief Stephens' belief is that the Spokane Police Department is a professional agency with a culture of respect for the community they serve. Interim Chief Stephens indicated that Spokane Police Department staffing level at the time of our meeting was at approximately 277 officers with an authorized strength of 295. However, Interim Chief Stephens indicated that the actual working force available at the time of our meeting was approximately 260 commissioned officers as a result of the number of individuals that are off work as a result of work related injuries. Current staffing was represented as including the following positions: two majors, three captains, 10 lieutenants and 34 sergeants for 16 patrol teams. Interim Chief Stephens described what he characterized as a unique patrol shift program wherein officers work 10 hours and 40 minutes five days on and five days off. Interim Chief Stephens indicated that he does not believe that Spokane is a "problem police department" and that while he is concerned with training, it is not as many believe a panacea that solves all problems for police departments. His primary concern is staffing levels and service to the community, which is a challenge nationwide given the current fiscal challenges facing communities, including Spokane. Interim Chief Stephens indicated that the supervisory ranks are over extended in their span of control and that in his experience supervisory numbers have a definite impact on use of force issues. With that said, he does not believe that the ratio of force incidents to the number of officer contacts is out of balance for Spokane Police Department.

Mr. Earl F. Martin RE: REPORT TO USE OF FORCE COMMISSION December 3, 2012 Page 3 Note that with regard to actual complaints against the Spokane Police Department for alleged excessive use of force, I have not been provided any data regarding same and the review of the internal investigative process and procedures is outside the purview of my review. In my discussion with Interim Chief Stephens with regard to risk management issues, I was given the impression that Spokane Police Department has not had a substantial number of civil rights cases for excessive use of force or other Fourth Amendment types of claims. Interim Chief Stephens indicated that there have been more employment related cases than litigation related to allegations of misconduct of officers in the course and scope of their duties. Discussing the training for officers with regard to dealing with a "vulnerable population" and the mission that was given to the Spokane Police Department by the Mayor's Office in the "100-Day Plan", Interim Chief Stephens indicated that the required training has been completed. With regard to "Crisis Intervention Training" (CIT) in particular, Interim Chief Stephens raised the question as to whether or not a 40-hour certified CIT program is overly burdensome versus a 4-hour block of training for officers on recognition of individuals who are in crisis and immediate action items that officers need to put into play. MEETING WITH SPOKANE POLICE ACADEMY TRAINING STAFF The remainder of June 27, 2012 was spent in meetings at the Spokane Police Training Academy with SPD Training Academy Commander, Lt. William Drollinger; Defensive Tactics Instructor and SWAT Team member, Officer Rob Boothe; Patrol Tactics Instructor, Officer Terry Preuninger; and Training Academy Sgt. Joel Fertakis.. The discussion included the State of Washington Criminal Justice Training Commission Basic Law Enforcement Academy; the Spokane Police Department Pre-FTO program; the Spokane Police Department FTO program; State standards and mandates; Use of Force In-Service Training including defensive tactics, TASER electronic control devices (ECDs), chemical agents, impact projectiles and firearms. BASIC LAW ENFORCEMENT TRAINING FOR NEW HIRES The discussion commenced with an overview of the curriculum included in the State of Washington Basic Law Enforcement Academy ("BLEA") program and the requirements for the State of Washington which are encompassed in the 19-week program (see "WSCJTC Curriculum Block Definitions, Basic Law Enforcement Academy (July 2010 - Current)" attached hereto as Exhibit "A"). The discussion included areas of concern for SPD relating to subjects that are not included in the BLEA program as taught at the State of Washington Criminal Justice Training Commission (CJTC) facility in Burien, Washington including for example ECDs, PR-24 or side-handled police batons and shotgun training.

Mr. Earl F. Martin<br />

RE: <strong>REPORT</strong> TO <strong>USE</strong> <strong>OF</strong> FORCE COMMISSION<br />

December 3, 2012<br />

Page 2<br />

where the items provided were not the current materials being used by SPD or an update was adopted<br />

by the department during the course of the project without notice of any such revisions or adoptions<br />

being provided. As discussed below in the section pertaining to policy concerns, there remains at<br />

this time an issue as to a substantial policy update that was issued by the vendor providing policy<br />

recommendations to SPD. That set of substantial recommendations has not yet been adopted.<br />

Finally, with regard to materials transmitted for my review, I was provided the entire transcript of<br />

the criminal prosecution of Spokane Police Department Officer Karl Thompson which included<br />

thousands of pages of testimony. Ultimately, a decision was made by the client to not require review<br />

of the entirety of the transcript in preparing this report.<br />

MEETING WITH INTERIM CHIEF <strong>OF</strong> POLICE<br />

On June 27, 2012 I met with Spokane Police Department Interim Police Chief Scott Stephens<br />

with regard to the evaluation of the Spokane Police Department use of force training and policies,<br />

and the FTO program of the agency. My meeting with Interim Chief Stephens included a discussion<br />

about staffing issues for the Spokane Police Department; an overall historical perspective with regard<br />

to the Otto Zehm incident and the federal criminal prosecution of Spokane Police Officer Karl<br />

Thompson; the formation of the Use of Force Commission and the Mayor's 100-day plan; and other<br />

general areas of concern related to tasks for which I was retained.<br />

Interim Chief Stephens' belief is that the Spokane Police Department is a professional agency<br />

with a culture of respect for the community they serve. Interim Chief Stephens indicated that<br />

Spokane Police Department staffing level at the time of our meeting was at approximately 277<br />

officers with an authorized strength of 295. However, Interim Chief Stephens indicated that the<br />

actual working force available at the time of our meeting was approximately 260 commissioned<br />

officers as a result of the number of individuals that are off work as a result of work related injuries.<br />

Current staffing was represented as including the following positions: two majors, three captains,<br />

10 lieutenants and 34 sergeants for 16 patrol teams. Interim Chief Stephens described what he<br />

characterized as a unique patrol shift program wherein officers work 10 hours and 40 minutes five<br />

days on and five days off.<br />

Interim Chief Stephens indicated that he does not believe that Spokane is a "problem police<br />

department" and that while he is concerned with training, it is not as many believe a panacea that<br />

solves all problems for police departments. His primary concern is staffing levels and service to the<br />

community, which is a challenge nationwide given the current fiscal challenges facing communities,<br />

including Spokane. Interim Chief Stephens indicated that the supervisory ranks are over extended<br />

in their span of control and that in his experience supervisory numbers have a definite impact on use<br />

of force issues. With that said, he does not believe that the ratio of force incidents to the number<br />

of officer contacts is out of balance for Spokane Police Department.

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