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

Mr. Earl F. Martin
RE: REPORT TO USE OF FORCE COMMISSION
December 3, 2012
Page 30
This approach provides consistency and will greatly reduce the potential for
conflicting guidance in these policies."
Given the fact that the recommendations in the Special Update represent significant revisions
and reorganization, and include significant clarifications such as change of terminology and the
elimination of the separate section entitled the "Shooting Policy" - it is essential for the department
to make decisions relating to the adoption of the revisions. Thus my recommendation with regard
to the current use of force policies of the Spokane Police Department is to take into consideration
on a timely basis the revisions and recommendations made by Lexipol. For the future, Spokane
Police Department needs to commit to a plan for maintaining up-to-date policies by implementing
a practice of promptly reviewing and revising the policies in the future as updates are received.
It is suggested that the current version of the Lexipol policies be reviewed and adopted and
that SPD set a turnaround time for review and adoption or explicit rejection of any future policy
updates to be completed within 60 days of receipt unless specifically excused by the Chief - who will
ultimately bear the burden of explaining any such choices and thus should be kept apprised of same
and not left to be blind-sided when a critical incident occurs and the questions with regard to policy
updates are dropped in the Chief's lap. Note that the latest version of the Lexipol use of force
policies are something that I am very familiar with and the current version are likely to be aligned
with any recommendations I would make.
Of note for SPD with regard to policy concerns is the apparent complete lack of a systematic
approach to tracking and complying with various policy provisions. Thus, compliance appears to
be hit and miss based on individual familiarity and knowledge of policy requirements. To avoid this
type of concern arising again and again, I would recommend a checklist of action items with
deadlines be created with regard to SPD policy provisions and that a specific personnel designation
be given the assignment of the responsibility for maintaining and updating the policy checklists as
policies are revised. Additionally, personnel in various areas of responsibility should be assigned
the duty of ensuring compliance with the policy provisions.
In the interest of efficiency given the issue with regard to adoption of the Lexipol "Special
Update April 2012" some additional comments are included with regard to typical use of force
policy concerns. Note that overall the issue is a general need to maintain up to date policies based
on recent case law decisions pertaining to the appropriate court jurisdictions. Lexipol provides a
wonderful effective and efficient means of accomplishing that goal. Staff must, however, be given
the resources, support and cooperation to complete the revision process. Again, I would expect that
the most recent Lexipol use of force policies would address most if not all of concerns listed herein;
however, I do feel that addressing a few areas of concern is worthwhile.