POLICE CHIEFS STEERING COMMITTEE Committee Meeting Agenda

Transcription

1 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government POLICE CHIEFS STEERING COMMITTEE Committee Meeting Agenda I. CALL TO ORDER New Location Thursday, August 16, 2018 Village of Westmont Police Training Room 500 N. Cass Avenue 10:00 a.m. Business Meeting/Presentation II. APPROVAL MINUTES: April 12, 2018 (pg. 1) III. IV. TOPICS/PRESENTATIONS Drones in Law Enforcement: Brendan Stewart, Aero Vista Drone Academy (pg. 4) POLICE CHIEFS STEERING COMMITTEE-OPERATIONS A Officer Elections/Secretary Position Nomination Memo (pg. 18) B Proposed PCSC Budget (pg.19) C Proposed PCSC Meeting Dates (pg. 20) D. Training Registration Guidelines (pg. 21) E. Drones Discount Pricing Guidelines (pg. 23) V SPECIAL TRAINING PROGRAMS A. IRMA s 5 th Education Summit October 17, 2018 (pg. 24) B. Fall Police Forum: LEOKA October 30, 2018 (pg. 25) VI. VII. VIII. POLICE LAW INSTITUTE (PLI) - 2 ND QUARTER REPORT POLICE LEGISLATIVE & LEGAL UPDATE - DISCUSSION A. ILACP Legislative Update B. New Epi Pen Law The Annie LeGere Law (pg. 28) C. HB 4100 HB 4100 (pg. 29) GOOD OF THE ORDER A. Policing When Faced With Resistance- When to Use De-escalation B. Police Body Cams Liability Hazards (pg. 30) C. Law Enforcement vs. Social Media D. Safety First Physical Training Injuries (pg. 32) E. Crain s Here s What s in the Plan for Police Forum 1. Chicago Police Department Consent Decree 2. Fact Sheet: Chicago Police Department Consent Decree F. Law Enforcement Facebook Pages and The First Amendment (pg. 34) IX. ADDITIONS TO AGENDA X. CONFIRMATION OF NEXT MEETING Date: November 8, 2018 Time: 10:00 a.m. Location: Two Westbrook Corporate Center, Conference Center, Westchester IL XI. ADJOURNMENT Vote needed

2 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government POLICE CHIEFS STEERING COMMITTEE Committee Meeting - Minutes Thursday, April 12, 2018 Village of Oak Brook 1200 Oak Brook Road, Oak Brook, IL 10:00 a.m. Andrew Peters LaGrange Brian King Hinsdale Kurt Bluder LaGrange Matthew Smiziniski Lake Bluff Jim Reynolds Lake Bluff Jeff Miller Riverside Jim O Shea River Forest Brian Cunningham Woodridge Ken OShanello Woodridge Dave Schar Winfield Christine O Brien Winfield Patrick Finlon Cary Todd Carlson Hanover Park Mike Pulec Flossmoor Jim Krueger Oak Brook Michael Neimark Glencoe Peter Neville Glencoe Barb Mur Park Forest Phil Smith Berkeley Katie Kamatz Roselle Laura Roberts Roselle Tod Kamleiter Flossmoor Bryan Carlson Kenilworth Paul Klimek Conutryside Melissa Garcia Lemont Dan McCann Villa Park Tina Henderson Burr Ridge Bob Cervenka Indian Head Park Chuck Snider Bartlett James Episcopo Brookfield John Burke Barrington Jams Paoletti Crete Pat Rollins Sugar Grove Marc Maton Lemont Malcolm White Hazel Crest Gil Santiago Morton Grove Dan Albrecht Western Springs John Piest Western Springs Brian Fennelly Morton Grove Dan Dhooghe River Forest Rick Jaczak Stickney Ed Rompa LaGrange Park I. CALL TO ORDER by Chair Maton at 10:11 AM II. APPROVAL OF MINUTES: November 2, 2017 (pg. 1) Motion Chief Paoletti-Crete, Second Chief Rompa-LaGrange Pk., Unanimous. Motion by Chair to move Item III to the end of the agenda and Item VIII to Item III, Item VI moved to after adjournment during a working lunch. III. IV. Past Chair Recognition Current PCSC Chair, Chief Maton-Lemont recognized Deputy Chief Matt Smizinski for his service as the 2017 PCSC Chair. *LeTourneau introduced new IRMA Sr. Risk Control Representative, Frankie Giannetti. TOPICS/PRESENTATIONS: Juvenile Records & Expungement (Public Act ) (pg.194) Presenter: Linda Pieczynski, Attorney at Law provided a detailed overview of the new requirements for record keeping and expungement of Juvenile records. V. POLICE CHIEFS STEERING COMMITTEE OPERATIONS A PCSC Officers (pg. 3) Listing of 2018 PCSC Officers included in packet. B PCSC Meeting Dates (pg. 4) schedule of 2018 meeting included in packet for review. C PCSC Budget (pg. 5) LeTourneau reviewed the 2018 budget which increased from $4,000 in 2017 to $9,250 to support two Police Forums. 1

3 Police Chiefs Steering Committee Meeting Minutes April 12, 2018 Page 2 of 3 D. Steering Committee Statement of Responsibility (pg. 6) Provided for information to the Committee. E. Police Claims Data Summary-2017 (pg. 8) Memo outlined most frequent and most severe PCSC claims for Civil rights Violations & False Arrest for liability, preventable accidents for auto and Physical assault & Physical training for WC. F Special Training Programs Memo (pg. 13) provided an overview of 2018 PCSC Special Training Programs. G. Internal Investigations of High Level Force Memo (pg. 14) LeTourneau reviewed the memo which outlined the importance of conducting detailed internal investigations concurrent with criminal investigations for all high-level use of force incidents. Recommended members use the IRMA Early Intervention Program immediately following these incidents. H. IRMA Public Liability - Adherence to SOP s (pg. 15) LeTourneau review a memo from a recent police liability settlement which resulted from a department not adhering to their SOP for traffic stops. LeTourneau also mentioned the importance of adhering to best practices with regard to detention of witnesses following a high-level force event. Extended temporary detention of witnesses/suspects caused a significant liability exposure for departments. SOP s should reflect best practices. See Lexipol 418 policy. I. Police Use of Vehicle Push Bumpers (pg. 16) Memo outlines the recommendation to use push bumpers or tow trucks to push disabled vehicles off the roadway to prevent significant WC injuries to officers. J. IL OSHA Record Keeping Update (pg. 17) LeTourneau noted that IL. OSHA has stated that local governments should keep and post - OSHA 300/300A reports by department location rather than centralized location. VI. VII. VIII. IX. NEW IRMA BEST PRACTICE POLICIES - POLICE A. Early Intervention Program (pg. 18) An overview of the early intervention program was provided to ensure members utilize the program assistance. B. Ambulance Transport of Detainees (pg. 26) - Best Practice Policy overview provided to insure safe transport of detainee. Situation resulted in a very large liability claim for an IRMA member. Requires coordination of practices between police and fire. C. Near-Miss Reporting Policy (pg. 28) - Model Policy completed by IRMA for member use. D. Succession Planning, Best Practices and Model Policy (pg. 38) - provides an entire process of development of succession planning documents for an organization/department. IRMA GRANTS/AWARDS AND POOLED PRICING Documents provide to the PCSC for their review and use as needed. A Grant Updates (pg. 49) B. Grant Program Guidelines (pg. 50) C. Grant Program Revisions (pg. 52) D Pooled Pricing (pg. 53) E Accreditation/Reaccreditation Grant Programs (pg. 54) F Injury Prevention Grant Programs (pg. 57) G Lexipol Grant Application & New Pricing (pg. 60) H. Lexipol Update IRMA Members (2018) (pg. 62) POLICE LAW INSTITUTE (PLI) 2017 USAGE REPORT A Year End Usage Report (pg. 64) Staff presented the 2017 year-end PLI usage by department. B. Crisis Intervention & De-Escalation Training-Proposed for 2018 (pg. 66) PLI plans to introduce additional crisis intervention training into their lessons for A lesson summary was included in the packet. POLICE LEGISLATIVE & LEGAL UPDATE A. Juvenile Court Act Amendments Memo (pg. 73) Memo providing an overview of recent Juvenile Court Act amendments which were discussed in the meeting presentation. B. AELE Monthly Law Journal vs. Supreme Court, District of Columbia v. Wesby (pg. 83) overview 2 provided.

4 Police Chiefs Steering Committee Meeting Minutes April 12, 2018 Page 3 of 3 C. ILETSB Fines & Cost Bill discussion provided by Chief Rollins, Sugar Grove. X. SUPREME COURT CASES TO WATCH (pg. 95) Memo provided an overview of five Supreme Court cases to follow with law enforcement implications. XI. DISCUSSION ON SCHOOL CROSSING GUARDS - Chief Bluter, LaGrange Police, provided the Committee with an overview and the issues and potential regarding the possible outsourcing of school crossing guards. XII. XIII. XIV. XV. GOOD OF THE ORDER Information provided to the Committee A. NAACP & ILACP 10 Shared Principles of Interaction Chief Kruger discussed the shared principles with the Committee B. Affirmation of Shared Principles C. ITOA Training-Apprehending Fleeing Suspects (pg. 99) D. Fentanyl-Safety Recommendations for First Responders (pg. 101) E. Fentanyl-A Briefing Guide for First Respondents (pg. 102) F. Police Use of Force is Rare, as are Significant Injuries to Suspects G. Can a Mere Show of Force be Considered Excessive? H. Reuters Top Ten Non-Disclosures in TASER Series (pg. 122) I. Lexipol-Responding Safer, Together: Law Enforcement Operations on the Fireground (pg. 126) J. NIPSTA 2018 Police Driver Training Schedule ADDITIONS TO AGENDA Discussion ensured on Cook County Agencies possible moving some arrests to local court systems to limit exposure from Cook County prosecution issues. CONFIRMATION OF NEXT MEETING Date: June 21, 2018, Joint Steering Committee Time: 8:00 a.m. Registration, 8:30 a.m.-12:30 p.m. Program Location: Two Westbrook Corporate Center, Conference Center, Westchester IL Topic: Implementing Drones in the Public Sector ADJOURNMENT At 10:44, a motion to adjourn the business meeting and move to training was made by Chief Rollins, Sugar Grove. and seconded by Chief Finlon, Cary. The motion carried. 3

5 Drones & Law Enforcement Mission Critical Drone Applications, FAA Compliance and IL Drone Regulations The Balancing Act Drones are rapidly becoming an indispensable force-multiplier in law enforcement operations. Drones quickly and efficiently provide the actionable intelligence law enforcement officers need to make informed decisions and save lives without risking the safety of officers on the ground. The demand is clear, nearly 500 law enforcement agencies across the U.S. have already implemented drone programs. Will yours be next? Public safety agencies aren t the only benefactors of drone technology. There are over 1 million drones registered nationwide to over 100,000 certificated commercial drone pilots. It s a matter of time until you encounter them in your community. Is your agency ready to respond to unsafe or unlawful drone operations in your community? TOPICS WILL INCLUDE: IS YOUR DEPARTMENT MISSION READY? Applications for drones in Law Enforcement Considerations for implementing a drone program within your municipality, department or agency Building community support for your drone program WHAT DRONE REGULATIONS APPLY WHEN FLYING FOR YOUR AGENCY? FAA Regulations for public safety operations. Illinois Freedom From Drone Surveillance Act. (725 ILCS 167) 4 th Amendment precedent on aerial and specialized searches. (Florida v. Reilly, Kyllo v. US) HOW DO YOU ENFORCE DRONE ILLEGAL OPERATIONS? Investigating drone violations: What is required of pilots and LEOs. Federal preemption, and it s effects on local ordinances and enforcement. The FAA s guidance to LEOs. When, and how to intervene. Unlawful use of force against aircraft or aircraft-facilities. (18 U.S. Code 32) ABOUT THE PRESENTERS: Aerovista Drone Academy sets the standard in world-class air support for public safety, public works and commercial drone pilots, providing confidence and expertise through innovative tools, training, and sustainable programs. In this session, we will review the components of implementing a drone program within your agency, department, or municipality. IRMA Drones in Law Enforcement Presentation by Brendan Stewart info@aerovistadroneacademy.com AeroVistaDroneAcademy.com 4

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13 UAS Program Budget Planning - Estimated Retail Pricing Category Quantity Estimated Cost Total List Price Training - Start-up FAA Certification RPC=S 6 $ $ Drone Pilot Boot Camp - 3 days* 6 $1, $9, Night Ops Training-in person/online 6 $ $1, Alternative to Drone Pilot Boot Camp: Ground & Flight School Training-in person 0 $ $0.00 FAA Part 107 Training Prep online 0 $ $0.00 Advanced Training - prerequisite hr minimum flight time Special Ops Training 1 Day (SARs/HAZMat/Active Shooter,Fire) 0 $ $0.00 Deployment - Call through lift off 0 $ $0.00 Training at your Location Group Training (call for pricing) 0 $0.00 Training Costs Total $11, FAA Waivers/Authorization 107 Airspace 0 $ $0.00 Night Ops 0 $ $0.00 Overflight of People 0 $0.00 Operating Limitations, Visibility, Cloud Clearance 0 $0.00 Public COA- waivers (option) May be best alternative 0 $ $0.00 FAA Authorizations Costs Total $

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19 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government Proposed 2019 Police Chiefs Steering Committee Officer Election/Nominations Chair: Chief James Kruger, Oak Brook Past Chair: Chief Marc Maton, Lemont Vice Chair: Chief Dave Anderson, Lisle Secretary: (Nominations) Name/Title Member/Phone # Name/Title Member/Phone # Note: Elections will take place at the November 8, 2018 PCSC meeting. If unable to attend, please fax (708) or danl@irmarisk.org your nomination for the position of Secretary to Dan LeTourneau by November 5, Hope to see you all at the year-end meeting. DLT/ds G:\Committees\Steering Committees\Police Chiefs\2018\ Hanover Pk\2019 PCSC Officer Ballot.Docx 18

20 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government PROPOSED INTERGOVERNMENTAL RISK MANAGEMENT AGENCY 2019 POLICE CHIEFS STEERING COMMITTEE BUDGET CATEGORY 2018 BUDGET PROPOSED 2019 BUDGET Training Materials (DVD s, CD s, etc.) $1, $1, Steering Committee Seminar (IRMA Police Forum) $4, $4, Meeting Expense $ $ TOTAL $5, $5, G:\Committees\Steering Committees\Police Chiefs\2018\ Hanover Pk\2019 Proposed PCSC Budget.Docx 19

21 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government M E M O R A N D U M TO: FROM: Police Chiefs Steering Committee Dan LeTourneau, Director of Risk Management Services DATE: June 25, 2018 RE: Proposed 2019 PCSC Meeting Dates Following are the proposed meeting dates for the 2019 Police Chiefs Steering Committee meetings. Thursday, April 11-10:00 a.m. (Westmont Police Facility) Thursday, August 15-10:00 a.m. (Hanover Park Police Facility) Thursday, November 7-10:00 a.m. (Two Westbrook Corporate Conference Center, Westchester) Joint Steering Committee Meeting - June 20 (8:30 a.m. - Tower Two Conference Center) DLT/ds G:\Committees\Steering Committees\Police Chiefs\2018\ Hanover Pk\Proposed 2019 PCSC Meeting Dates.Docx 20

22 M E M O R A N D U M INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government TO: FROM: Fire Chiefs Steering Committee Parks & Recreation Steering Committee Police Chiefs Steering Committee Public Works Steering Committee Jennifer Swahlstedt, Risk Management & Training Manager DATE: June 19, 2018 RE: Training Registration Guidelines Purpose: To inform the Steering Committees of updated training registration guidelines. Background/Discussion: The training registration guidelines were presented to the IRMA Standing Committees Training & Education Committee and Executive Board before being adopted by the Full Board of Directors on June 12, These changes can also be found on the website here. Recommendation: Review the attached training registration guidelines. JDS/ll Attachment: Training Registration Guideline

23 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government Training Registration Guidelines The Training Registration Guidelines received a facelift following the most recent Training & Education Committee (TEC) meeting. In addition to making general housekeeping modifications, the TEC approved changes to Section G of the Registration heading. By narrowing the original class size range of to smaller categories with reducing the number of participants allowed per member, we can avoid challenges associated with registration of members. These changes will accommodate more member participation in special and regional training programs offered throughout the year. The changes are outlined below: Past Practice: Class Size Registrants Allowed/Member >200 unlimited Class is not full unlimited Current Changes: Class Size Registrants Allowed/Member >200 unlimited Class is not full unlimited These changes do not affect wait list priority. Should your entity request to send more registrants than allowed per class size, the remaining participants will be placed on the wait list and may be eligible to attend the course should the registration numbers not be met 1-2 weeks prior to the special or regional training. Members will be notified by IRMA staff if additional enrollment is available and will coordinate accordingly. For a complete review of registration guideline revisions, please visit the IRMA website, Training tab and click Regional Training & Registration, or click here: 22

24 LEADING EXPERTS IN DRONE TRAINING, PROGRAM DEVELOPMENT, & FAA COMPLIANCE SOLUTIONS Robots to the rescue: Saving lives with unmanned vehicles NYC firefighters use drone to help battle blaze for first time Drones find missing child in forest preserve Above devastated Houston armies of drones prove their worth Drones help emergency responders with logistics after ravaging flooding NC-DOT recommends drones for speedier crash investigations DRONES SAVE LIVES, Reduce Costs, Increase Efficiencies - But How do We Get Started? The EQUIPMENT DJI Platinum Fly More Combo DJI Crystal Sky Display & Controller DJI Hood DJI Care Refresh SWAG Bag (launch pad, lanyard, battery lipo bag, strap) Night Lights TRAINING Aerovista Drone Academy enables drone adoption by making every agency MISSION READY. Part 107 Online Test Prep $224 (IRMA - $75 off) 2 Day Drone Pilot Ground & Flight School $799 ½ Day Training on Mavic Pro (included-$399 off) GETTING STARTED BUNDLED PACKAGE COST: $3,042 IRMA members SAVE $665 until With a longer flight time and quieter flight, the Mavic Pro Platinum drone is the best portable camera drone package 3 Axis Gimbal stabilization 4K Video / 12MP still photos 4.3 Mile control range Maximum 30 minute flight time Flight autonomy & obstacle avoidance 3 total intelligent flight batteries Battery charging hub Please contact us: melanie@aerovistainnovations.com INSPIRE CAPTIVATING CONTENT 2018 AEROVISTA INNOVATIONS, LLC EDUCATE BUILDING EXPERTISE 23 & CREDIBILITY ENGAGE BUILD COMMUNITY

25 IRMA s 5th Annual Education Summit NIU Naperville It is well known that the majority of losses are preventable; there are steps that each of us can take to reduce the impact on our personnel, resources and daily operations. It is time to take charge of the issues together. This year, join IRMA Staff and Member Panelists to discuss trending issues affecting our members. Sessions will include Member experiences, identify lessons learned and actionable solutions you can implement immediately in your organization. Not only will Delegates, Alternates and City Managers benefit from this workshop, but all upper management including Department Heads and Supervisors, will gain further understanding on how to take charge of situations before it escalates and act appropriately. Click here for Session Descriptions. 8:45 a.m. 9:00 a.m. Welcome Address TAKE CHARGE, TAKE ACTION 9:15 a.m. 10:30 a.m. Legal Update: Wins, Losses, Changes in the Past Year IRMA Early Intervention Program-You Need to Know Roadside Dangers- Beware and Be Safe IRMA Financial Basics 10:45 a.m. 12:00 p.m. IRMA Reports- Useful Information to Reduce Your Losses Workers Compensation & Employment-Can/ Should You Be More Proactive? Internal Investigations-Your Duty to Investigate Misconduct IRMA Finances Advanced OCTOBER 17, 2018 REGISTRATION 8:15 AM 8:45 AM WELCOME ADDRESS 8:45 AM 9:00 AM PROGRAM 9:15 AM 12:00 NO COST NIU NAPERVILLE 1120 E Diehl Rd., Naperville, IL 12:00PM 2PM BOARD MEETING LUNCHEON REGISTER NOW A $25 fee will be applied to those members that register and do not attend. When registering, please select only one morning and one late morning concurrent session The Risk Management Solution for Local Government 24

26 LEOKA: Law Enforcement Officers Killed & Assaulted Program Sponsored by: IRMA Police Chiefs Steering Committee This program provides information on the history and policy relating to the LEOKA (Law Enforcement Officers Killed and Assaulted) Program. An in-depth analyses of two previous studies which resulted in the publications Killed in the Line of Duty and "In the Line of Fire." will be discussed. The objectives of these studies were to identify elements which led to the ultimate felonious deaths and serious injuries of police officers. Demographic and behavioral descriptors for the victim officers and the offenders will be presented with the findings and resulting safety training issues. The emphasis of the presentation will be focused on the final companion study which resulted in a publication entitled Violent Encounters. This study examines 40 incidents where police officers survived life threatening attacks. OBJECTIVE: To assist law enforcement managers, trainers and personnel in the identification of training issues for the purpose of preventing the deaths and/or serious injuries of law enforcement personnel. PRESENTER: James Jimmy Sheets Jimmy Sheets, a 30 year veteran of the FBI, started his career with the FBI assigned to the J. Edgar Hoover building in Washington D.C. He has held various positions throughout his career including, Sergeant, Assistant Team Leader on the FBI Police Emergency Response Team, Patrol Commander and Lieutenant. In 2012 Jimmy accepted a position in the Law Enforcement Officers Killed and Assaulted (LEOKA) Program where he is the lead researcher for FBI officer safety studies. Jimmy is an FBI certified Instructor and conducts officer safety presentations nationally. Date: October 30th, 2018 Time: 8:30 a.m. 9:00 a.m. Registration 9:00 a.m. 5:00 p.m. Program Continental Breakfast & Lunch provided Fee: $25.00 Location: Westbrook Corporate Conference Center, Two Westbrook Corporate Center, Westchester, IL. Who Should Attend: Police Chiefs, police management personnel, Training Officers and interested municipal management. ILETSB CEU s: 7 (pending) Register Now: Fall Police Forum Register online or fax this form to: IRMA Attn: Lisa Leban, Fax # Print Name(s) Address Municipality/Entity Contact Name Address (required) Phone # The Risk Management Solution for Local Government 25

27 Police Law Institute Monthly Legal Update # of 1st Quarter 2018 Number of Lessons Taken Average Number of Lessons per User Completion by Agency thru Q nd Quarter rd Quarter th Quarter 2018 Number of Lessons Taken Average Number of Lessons per User Number of Lessons Taken Average Number of Lessons per User Number of Lessons Taken Average Number of Lessons per User % of Officers Completing Agency Users Lessons Addison % Arlington Heights % Barrington % Bartlett % Berkeley % Bloomingdale % Brookfield % Burr Ridge % Carol Stream % Cary % Clarendon Hills % Countryside % Crete % Crystal Lake % Darien % East Hazel Crest % Flossmoor % Glencoe % Hanover Park % Hazel Crest % Hillside % Hinsdale % Homewood % Indian Head Park % Kenilworth % LaGrange Park % LaGrange % Lake Bluff % Lake Forest % Lake in the Hills % Lake Zurich % Lemont % Libertyville % Lincolnwood % Lisle % Morton Grove % Mount Prospect % Mundelein % Northbrook % Northfield % Oak Brook % Olympia Fields % Palos Heights % Palos Park % Park Forest % Richton Park % River Forest % Riverside % 126

28 1st Quarter 2018 Number of Lessons Taken Average Number of Lessons per User Police Law Institute Monthly Legal Update 2nd Quarter rd Quarter th Quarter 2018 Number of Lessons Taken Average Number of Lessons per User Number of Lessons Taken Average Number of Lessons per User Number of Lessons Taken Average Number of Lessons per User % of Officers Completing Lessons # of Agency Users Rolling Meadows % Roselle % Stickney % Sugar Grove % Tinley Park % Villa Park % West Chicago % West Dundee % Westchester % Western Springs % Westmont % Willowbrook % Wilmette % Winfield % Woodridge % 227

29 INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government M E M O R A N D U M TO: Police Chiefs Steering Committee FROM: Dan LeTourneau, Director of Risk Management Services DATE: August 8, 2018 RE: Public Act Annie LeGere Law (Epinephrine Auto-Injectors) Purpose: Provide Member Police Departments with an overview of the recent Amendment to Annie s Law regarding liability protections now provided for law enforcement carrying and using Epi-pens. Background/Discussion: The above Public Act was signed into law on 7/31/18 as an amendment to the 2017 law which allowed officers to carry Epinephrine auto-injectors. This new law provides immunity for civil and professional liability with an exception for willful and wanton conduct, for good faith administration of epinephrine through an auto-injector by a police officer. The Act also provides these protections to medical professionals providing a standing order or prescription for an epinephrine autoinjector. The law does not require police officers to carry or use epi-pens but merely allows for officers to be trained and carry these potential life-saving devices. Recommendation: Discuss further at the PCSC meeting to determine appropriate training resources if a department choses to implement a program. Link provided in agenda DLT/ll 28

30 M E M O R A N D U M INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government TO: FROM: Police Chiefs Steering Committee Dan LeTourneau, Director of Risk Management Services DATE: August 8, 2018 RE: HB4100 Custodial Transport of Arrestees to Medical Facilities Purpose: Notify Member Police Departments that HB 4100 passed regarding the custodial transport of Arrestees to medical facilities. Background/Discussion: This bill was developed to assist in protecting health care and other care facilities workers from violent acts committed by incoming patients. The new bill will require the Illinois Law Enforcement Training Standards Board to develop a full curriculum to certify police officers in custodial escort and custody of high-risk committed persons to medical care facilities. This certification program must include: - Handcuffing or shackling of high-risk committed person; - Mobile Transportation of a committed person with defense from the committed person s attack; - Outside facility threat assessment; - Hands-on weapons retention training; - Custodial considerations for high-risk committed person in outside facilities. This bill would also mandate that all health care employers develop and implement a workplace violence program. Recommendation: Await Governor s signature. If signed, additional officer certification training will be developed by ILETSB. Link provided in agenda DLT/ll 29

31 Police bodycams create liability puzzles Business Insurance Police bodycams create liability puzzles Posted On: Jun. 4, :01 AM CST Judy Greenwald Police departments increasing use of body cameras to document their encounters with the public will ultimately reduce public entities potential liability, experts maintain, although it is still too early to find hard evidence of this. While video evidence can be used to prove police wrongdoing, they anticipate its effect on behavior will ultimately lead to less use of force by both police and the public, experts say. There are complicated issues concerning their use, however, including when the cameras should be turned on; data storage costs; the police and public s privacy and the adequacy of training. The video evidence can also be ambiguous, experts say. Incidents recorded on video have been frequently in the news, including a March incident where an unarmed young man s shooting death in his grandmother s backyard in Sacramento, California, was captured on video. The evidence to date is unclear. A study involving 2,224 District of Columbia police officers released in October concluded body cameras effectiveness in reducing the use of force by police and the public did not rise to the level of statistical significance. NEW YORK POLICE DEPARTMENT SGT. JOSEPH FREER DEMONSTRATES HOW A BODY CAMERA IS ACTIVATED AT THE START OF A BODYCAM PILOT PROGRAM./ REUTERS But an oft-cited study of the Rialto, California, police department published in 2013 concluded body cameras reduced the use of force by police by 50%. Experts say they believe bodycams value will eventually be established. Sandra McFarland, New York-based senior vice president and public entity placement specialist for Marsh L.L.C., said: I don t think it s going to save them in premiums, but I think it will save them, ultimately, in total cost of risk. When police officers know they re being recorded, and perpetrators know they re being recorded, we would anticipate a change in behavior for the better, despite the Washington study s findings. It s common sense, she said. It seems bodycams would help, said Nina Markoutsis, Dallas-based claims manager for XL Group Ltd., which does business as XL Catlin. It would get the whole story out quicker and more comprehensively. We don t run the risk of getting an inaccurate presentation of the facts that would come from a more biased person, she said. But video evidence is not necessarily definitive, observers warn. Kenny Smith, Denver-based risk control manager for OneBeacon Insurance Group Ltd. government risks business, said video gets a lot of the physical characteristics of what was going on, but the bodycams just don t do a very good job of capturing emotion, the subtle cues that law enforcement officers are trained to pick up on. They just don t have the same acuity as our eyesight, Mr. Smith said. We see in 3D. In a lot for respects, the camera 8:09:09 AM] 30

32 Police bodycams create liability puzzles Business Insurance is very much in 1D, maybe 2D at best. We re just limited on what information is going to be picked up. Data retention is an issue as well. Questions include how long records should be maintained, where and, in particular, its cost. Ashley Bonner, Atlanta-based senior risk consultant at Trident Public Risk Solutions, a unit of the Argo Group International Holdings Ltd., said the average police department has about 52,000 hours per year of time on video, which equates to nearly six years of data storage for a single year, so you can see how that can get prohibitively expensive. Police agencies should keep videos three years to be on the conservative side to protect themselves, said Ms. Bonner. A periodic review of the footage is also highly recommended, she said. One wants to have at least some kind of schedule to do a review and see what s going on. If a police officer gets on the witness stand, when the plaintiff attorney asks, How often do your view these videos? one doesn t want to respond in the negative, because that could give rise to charges of negligence, Ms. Bonner said. Privacy issues are also a factor. It is not an issue if the video is shot in a public place, but it is if it is in a private residence, said Mark Goode, Charlotte, North Carolina-based managing director of Willis Towers Watson P.L.C. s pubic entity practice. Another concern is if it captures minors on video, which raises a whole different set of requirements related to privacy there, Mr. Goode said. In addition, municipalities could become subject to liability if there is a cyber attack and the information disappears, he said. 8:09:09 AM] 31

33 INTERGOVERMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government Safety Alert: Physical Training Injuries are UP in 2017 Annually, IRMA runs data reports on claims to identify adverse claims patterns or trends which are affecting the pool. This data is further analyzed by staff to help determine the direction of risk management, training and grant opportunities. In 2017, there was a significant increase in injuries within the Police and Fire Departments during physical training. Physical training injuries were the second highest reported workers compensation injury and third highest in injury severity, costing the pool nearly $800,000. These numbers are up since 2015 and will continue to grow as the 2017 claims continue to develop. So far in 2018, there have been 30 reported workers compensation claims caused while performing physical training activities. This type of injury is trending for another significant claims year. Training injuries should be viewed as preventable, however most often they are not. IRMA recommends taking these simple steps toward making your next physical training event safe for all participants: 1) Always have a non-participating Safety Officer or Training Supervisor present for the duration of the physical training event. This person should be able to identify the wellbeing of all participants and stop the training if necessary. Depending on the number of participants and training location, there may be a need to have multiple Safety Officers. 2) Allow all participants to STOP, without penalty, if they do not understand their assignment or feel unsafe at any time. 3) Prior to the start of physical training course all attendees should be provided with a training plan and safety briefing which should include the following: a. Defined training outcomes and learning objectives b. Expectations during the training, such as number of training evolutions, physical requirements, and required breaks c. Use of Personal Protective Equipment (PPE), including a PPE check and review of PPE use d. Level of Force or Exertion required to successfully complete the training e. Any additional safety protocols based on the type of training 4) Participants should be instructed to inform the Safety Officer or Training Supervisor of any pre-existing conditions which could affect their performance or place him/her at a greater risk of injury prior to the start of the physical training course. 5) Participants must also be instructed to notify the Safety Officer or Training Supervisor of any injuries sustained during training prior to leaving the training program. The participant should complete an incident report form regardless if treatment is being 32

34 INTERGOVERMENTAL RISK MANAGEMENT AGENCY The Risk Management Solution for Local Government sought. The form should include the type of activity being performed at the time of injury, any witnesses, and the contact information of the Safety or Training Officers administering the training. 6) If the training is off-site or managed by another organization, discuss your safety protocol with the hosting entity and provide your employees with the same expectations prior to attending. 7) Be sure all contracted trainers have certifications and experience in the subject they are teaching and check references. 33

35 FERGUSON, PRAET & SHERMAN A Professional Corporation 1631 E. 18 th Street Santa Ana, CA Telephone (714) Facsimile (714) alerts@law4cops.com CLIENT ALERT May 14, 2018 TO: FROM: All Police Chiefs and Sheriffs Bruce D. Praet, Attorney at Law RE: Law Enforcement Facebook Pages and The First Amendment Whether you individually choose to subscribe to social media sites such as Facebook or Twitter, many agencies have found that maintaining a department Facebook page can be an effective and beneficial way to communicate with the public they serve. Unfortunately, as with any good thing, there are those who will choose to abuse these forums with inappropriate posts. Most recently, there seems to be a growing number of individuals and groups such as the ACLU who are threatening agencies with litigation if their posts are deleted or even blocked. Some will even cite links to agencies which have purportedly paid thousands of dollars to avoid threatened litigation. However, before you go writing checks to these folks, a careful overview of the current law is in order. Recognizing that the law pertaining to the internet is rapidly developing, the Supreme Court has instructed the lower courts to exercise patience and caution when applying the Constitution to these issues. Packingham v. No. Carolina, 137 S.Ct (2017). Although the Supreme Court struck down a statute which banned all registered sex offenders from subscribing to Facebook as overly broad, Client Alert May14, 2018 Page 1 34

36 it refused to apply the heightened strict scrutiny test under the First Amendment to social media and instead suggested that a lesser level of intermediate scrutiny would generally apply to evaluating the government s interest in narrowly restricting access. 1 Since that time, only a few federal district courts have published opinions specifically addressing the issue of public entities restricting access to governmentally maintained social media pages such as Facebook. For example, in Davison v. Plowman, 247 F.Supp.3d 767 (E.D.Va. 2017), the court permitted a county attorney to delete inappropriate posts on his official Facebook page because they were deemed to violate terms which prohibited off topic posts. Defining the official Facebook page as a limited public forum, the court held that the government s restrictions must only be reasonable. In Hargis v. Bevin, 2018 U.S. Dist. LEXIS (E.D.Ky. 2018), the district court went so far as to classify the Governor s official Facebook page as a nonpublic forum from which he could limit or even delete unwanted posts. Denying relief to the plaintiff, the court interestingly noted that while the First Amendment may restrict the government s ability to restrict free speech, it doesn t require the government to listen to everyone who wishes to speak. It further permitted the Governor to block individuals from his official Facebook site since it in no way blocked them from Facebook or other social media sites, but only from his own. In Robinson v. Hunt Co., 2017 U.S. Dist. LEXIS (N.D. Tx. 2017), the court endorsed the Sheriff s ability to limit the content of posts on the agency s Facebook page since the Sheriff had expressly stated that the site was Not a Public Forum and further posted specific restrictions on posts, including a requirement that all users must adhere to Facebook s own Community Standards Rules. In light of Robinson and other recent cases in this rapidly developing area of technology and the law, it is highly recommended that agency s maintaining official Facebook pages clearly label them with language such as This is Not a Public Forum and that terms and conditions are also clearly posted such as: The Police Department maintains this page as a source to share news and relevant topics with members of the community. We welcome relevant 1 The topic addressed here does not apply to agencies seeking to restrict or discipline employees for potentially inappropriate posts on the employee s own personal social media account. Such First Amendment issues involve a matter of public concern analysis under Connick v. Myers, 103 S.Ct (1983). Client Alert May14, 2018 Page 2 35

37 and appropriate contributions and comments from visitors to this page. The opinions expressed by visitors to this page do not reflect the opinions of the Police Department. The Police Department requires that all posts to this page must adhere to Facebook s Community Standards Rules and expressly reserves the right to remove or block submissions that contain: a) profanity and vulgar or abusive language b) personal attacks or threats of any kind c) offensive comments that target or disparage any ethnic, racial, or religious group d) sexual content or links to sexual content e) sensitive information (for example, information that could compromise public safety or ongoing investigations) f) spam or links to other sites g) advocating illegal activity h) promoting particular services, products or political organizations/candidates i) infringing on copyrights or trademarks j) personally identifiable medical information k) comments not typically related to the particular subject matter being presented. While it would seem that agencies may maintain social media sites as limited or even non-public forums and impose expressed restrictions on posts, it will nonetheless remain critical that deletions and other restrictions be applied equally. O Brien v. Welty, 818 F3d 920 (9 th Cir. 2016) In other words, if one post advocates the killing of cops and another one advocates the killing of minorities, both must be deleted. Frankly, the courts have even permitted agencies to simply block all posts and simply maintain a page as a one way communication forum. There is little doubt that agency social media pages provide a valuable resource for sharing timely information with the public and allowing agencies to keep a pulse on their increasingly internet connected communities. Although there will undoubtedly be those posts which will warrant deletion from these pages, agencies should also recognize that such posts from identifiable users may also provide valuable evidence in an ongoing investigation. As the courts continue to wrestle with social media issues, it is highly likely that the federal courts will grant qualified immunity in the absence of clearly Client Alert May14, 2018 Page 3 36

38 established law. Even as the law continues to evolve such immunity will still likely apply under recent Supreme Court rulings [e.g. White v. Pauly, 580 U.S. (2017)] unless an agency is found to have violated yet-to-be clearly established law under the substantially similar circumstances. The bottom line is that law enforcement agencies should continue to establish valuable social media pages as long as they are properly labeled, post applicable restrictions and are neutrally applied. While agencies must also consult their own legal counsel for advice, it would be ill-advised to surrender to claims which have no legal authority behind them. As always, while it is important that you consult with your own legal counsel on these issues, we also try to provide you with our perspective of the latest cases impacting your agency. If you should have any questions about this or any other legal issues, please don t hesitate to call us at (714) (no charge). If you have any questions about Lexipol, please call (949) or visit the Lexipol website at Client Alert May14, 2018 Page 4 37