AGENDA REPORT - Laserfiche WebLink

The use of force review process currently in practice at the police department is: When a supervisor is notified of a use of force, he or she responds to the scene and interviews all officers present and available witnesses. The supervisor ensures injuries are documented and any available evidence is collected. The supervisor will attempt to obtain a statement from the person on whom the force was applied. This administrative statement is entirely separate from any criminal investigation and cannot be used in court proceedings against the suspect. This is to encourage the suspect to provide an honest account of the incident. Supervisors will ask the suspect if any of the officers acted inappropriately. The supervisor reviews body-worn video and any other available video evidence to confirm it aligns with statements made by officers and witnesses. Use of force by an officer(s) is subject to extensive review: A use of force notification form is completed by the supervisor (a sergeant). The form requires the supervisor attest to taking the above described steps and lists seven criteria in which a more comprehensive administrative review is required. All forms and any additional documentation are forwarded to the unit manager (a lieutenant) for a second review and then are forwarded to the Division Commander (a captain) for a third level of review. Following this, the form is submitted to the force options training manager (a lieutenant) for a review specifically for training needs or deficiencies. The form is then forwarded to the professional standards unit supervisor (a sergeant) who collects statistical data from the incident and tracks the use of force. Finally, the entire review is forwarded to the Chief of Police for final review. At the Chiefs discretion, the review may be forwarded to the City Attorney's Office if civil litigation is anticipated. The police department is currently exploring a use of force tracking and early warning system managed by the Professional Standards Unit; a portion of this system was scheduled to go live in early 2020 although implementation has been delayed due to COVID-19. Since 2018 the department has exceeded Lexipol policy standards in the development of its use of force reporting. Supervisors utilize a use of force notification form to collect data far exceeding notification requirements as outlined in current policy. While policy uses factors such as visible injury, continuing pain, intent to pursue litigation, conducted energy device application, and subjects who were rendered unconscious, or were hit or kicked as triggers to report the use of force, the current standard used by the police department is to report any amount of force used to overcome physical resistance. Staff recommends strengthening the policy to reflect our existing reporting practice and the implementation of a use of force tracking and early warning system. 7. Duty to Intercede Police department policy manual section 300.2.1 states: "Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of Page 14 of 17