HomeMy WebLinkAboutCSS 2020-09-28 Item 1C - Policy - Police Use-of-Force Policy
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila Community Oriented Policing Citizen Advisory Board
FROM: Bruce Linton, Chief of Police
BY: Bruce Linton, Chief of Police
CC: Mayor Ekberg
DATE: 06/19/2020
SUBJECT: Tukwila Police Use-Of-Force Policy Review
ISSUE
The #8CantWait police use-of-force reform proposal and campaign has been
communicated and shared across the country at the speed of social media in the 21st
century. Many agencies are scrambling to adopt significant changes to their use-of-
force policies to meet the demands of their respective communities, while agencies with
foresight have been making minor adjustments to fully address the rapidly evolving
movement towards change. If you are an agency that embraced 21st Century Policing
five years ago, you are way ahead in the race to effect change in the six pillars of 21st
Century Policing.
Who initiated this doctrine and when did you begin working on it?
The 21st Century Policing doctrine began with the creation of an executive order signed
by President Barack Obama on December 18, 2014 in response to the unrest in
Ferguson, Missouri following the shooting of Michael Brown by a police officer. A task
force was formed, and it included eleven members made up of academics, law
enforcement officials and civil rights activist. From WA was then King Co Sheriff Sue
Rahr, who is now the Director of the Criminal Justice Training Commission (responsible
for the training and certification of all police officers and deputies in the state of WA). On
May 18, 2015 the Task force produced a final document outlining the 6 pillars that
define 21st Century Policing. The agency began incorporating the 21st Century Policing
principals in 2017. The 6 pillars/principals are outlined in the “Background” portion of
this memo and you can find a copy of the full report at:
https://d3n8a8pro7vhmx.cloudfront.net/nacole/pages/115/attachmen
ts/original/1570474092/President-Barack-Obama-Task-Force-on-
21st-Century-Policing-Final-Report-min.pdf?1570474092
I intend to work in parallel with the Community Services and Safety Committee as I
review and (when necessary) adjust the current Tukwila Use-of-Force Policies in
consideration of the communicated reform proposals. A copy of the Tukwila Police
Department Policy is attached absent the recent directive suspending the use of the
Vascular Neck Restraint (VNR) except when an officer is faced with a deadly force
situation.
Was the rethinking of using this technique in direct relation to the incident that
happened nationally?
35
Tukwila Police Use-Of-Force Policy Review
Page 2
Yes. The aftermath of the George Floyd case fueled a significant outcry from
communities across the country and regardless of the proper use by many agencies,
and a certain level of misinformation, the vascular neck restraint (VNR) was categorized
a “choke hold”.
The use of the VNR when professionally trained and applied, significantly reduced the
injuries to officers and the suspects alike. It has been an approved and proven
technique that we have trained and used 100% successfully without injury or complaint.
In one case I can recall, saved the life of a skilled MMA and violent suspect who fought
with, injured and attempted to remove an officer’s service weapon during the struggle
on the ground. Both officers who struggled to take him into custody were highly trained
and were able to end the fight which could have had a dangerous outcome. When one
of the officers involved was asked “why did you not shoot him? (when he had his hands
on the other officer’s service pistol) the officer replied, “because I did not have to.”
It remains a viable force option; however, the community has spoken and I do not
believe a visual of an officer using that technique will garner the trust we are trying to
achieve with our communities of color.
The Tukwila Police Department uses the Lexipol policy for the State of Washington.
Lexipol provides fully developed, state-specific law enforcement policies researched
and written by subject matter experts and vetted by attorneys. Policies are based on
nationwide standards and are the leading content, policy and training platform for public
safety and local government, enabling first responders and leaders to better protect
their communities and reduce risk. (Policy Attached)
During the use-of-force policy review, I intend to review and consider recommendations
from the 2017 National Consensus Policy and Discussion Paper on Use of Force.
(Attached).
BACKGROUND
President Obama’s Task Force on 21st Century Policing report features 6 pillars:
1. Building Trust & Legitimacy
2. Policy and Oversight
3. Technology & Social Media
4. Community Policing & Crime Reduction
5. Training & Education
6. Officer Wellness & Safety
Since 2016, The Tukwila Police Department have embraced this philosophy that
essentially is foundational to today's discussion on police reform. If you look at the
police department goals during the last three years of my tenure, you will notice a
36
Tukwila Police Use-Of-Force Policy Review
Page 3
common theme where each year at least several pillars were representative of the goals
selected.
Surveying the environment, anticipating change, and setting a course to navigate that
change has been our strategic roadmap. As we examine our policies and practices,
balanced against the #8CantWait police reform proposal, I can report that we are on the
right path. I will not stop moving forward because I believe there is always room for
improvement.
THE #8CantWait police reform proposal calls for:
1. The banning of chokeholds and strangleholds.
2. Required de-escalation using communication, distance, and eliminating the
need to use force.
3. Required verbal warning before shooting at a civilian.
Why was this not a policy before?
It always has been a policy and practice when time and circumstances permit. For
example If someone is shooting at me, they probably won’t get a warning that I will
be firing back; however, if someone has a gun, not pointed at me, or a knife or
other dangerous weapon at a distance where I have space and time, a verbal
warning is the correct initial response. The above references are what the
community has been calling for and not what we necessarily have to change.
4. Requirement to exhaust all other reasonable means before resorting to deadly
force.
What are some examples of alternative means to deadly force?
For example, a less than lethal impact projectile may be used if an officer is behind
a barrier or if there is time and distance available with a knife wielding subject, or
VNR when in extremely close proximity (with no other options) which I will allow
when deadly force is warranted even though it’s a low level use of force now
banned except in deadly force situations.
5. Required intervention by officers to stop excessive use of force and required
reporting of these incidents to a supervisor.
6. Banned shooting at moving vehicles, which can be a dangerous and ineffective
tactic.
We have seen officers in other cities shoot at suspects through their patrol vehicle
windshield, what is the policy for TPD?
We don’t recommend this as an effective technique due to the probability of
inaccurate fire due to the physical barrier and the dynamics of firing from a
vehicle; however, if an officer is receiving fire which requires an immediate 37
Tukwila Police Use-Of-Force Policy Review
Page 4
response to save his or her life and is trapped in a vehicle, there is no policy that
says they cannot act to save their life.
7. Required use of force continuum that limits the types of force/weapons that can
be used to respond to specific types of resistance.
What other weapons are you referring to? Is there a guide for officers on when to
use certain weapons at their disposal?
Taser, baton, impact weapons, pepper spray, CS Gas etc. All the force options I just
highlighted are considered less than lethal and like firearms, they are justifications and
requirements for their use. Justifications are based on case law, what the offender is
doing and proper and reasonable use of force, which is measured by the leading case
on use of force which is the 1989 Supreme Court decision in Graham v. Connor. The
Court held, “…that all claims that law enforcement officers have used excessive force –
deadly or not – in the course of an arrest, investigatory stop, or other seizure of a free
citizen should be analyzed under the Fourth Amendment and its objective
reasonableness standard…” This standard is evaluated by a three-pronged test.
1. The severity of the crime at issue
2. Whether the suspect poses an immediate threat to the safety of the officers or
others
3. Whether the suspect is actively resisting arrest or attempting to evade arrest
by flight
8. Required comprehensive reporting when force is used against civilians.
An analysis grounded in the 21st Century pillars will show that The Tukwila Police
Department Policies on the use-of-force are balanced and addressees each of the
#8CantWait reform proposals.
ANALYSIS:
GUIDING PRINCIPLES OF THE TUKWILA USE-OF-FORCE POLICY:
As stated in our policy manual, the department recognizes and respects the value of all
human life and dignity without prejudice to anyone. Vesting officers with the authority to
use reasonable force and to protect the public welfare requires monitoring, evaluation,
and a careful balancing of all interests.
The Tukwila Police Department use-of-force policy guidelines provide a basis for
officers to make professional, moral, and legal decisions based on a reasonable
standard set by the U.S. Supreme court.
38
Tukwila Police Use-Of-Force Policy Review
Page 5
The constitutional requirement for the use-of-force by an officer calls for an objective
reasonableness standard. Proper and reasonable use of force is measured by the
leading case on use of force which is the 1989 Supreme Court decision in Graham v.
Connor. The Court held, “…that all claims that law enforcement officers have used
excessive force – deadly or not – in the course of an arrest, investigatory stop, or other
seizure of a free citizen should be analyzed under the Fourth Amendment and its
objective reasonableness standard…” This standard is evaluated by a three-pronged
test.
Officers are sworn to protect and uphold the Constitution, what steps are being taken to
ensure officers protect the Constitutional rights of the citizenry when performing their
duties serving the public? Is there training to make sure officers understand when they
potentially could be in violation of the Constitution? Is there punishment to those who
woefully violate the Constitution rights of citizens?
Legal update training is provided to our officers on an annual basis. Our policy provides
guidance on these topics. Civil rights violations are a serious issue and any willful
violation will be addressed immediately. Willful civil rights violations can also be
federally prosecuted.
1. The severity of the crime at issue
2. Whether the suspect poses an immediate threat to the safety of the officers or
others
3. Whether the suspect is actively resisting arrest or attempting to evade arrest
by flight
Other factors used to determine the reasonableness of force is listed in the Tukwila
policy manual under 300.3.2.
The #8CantWait police reform proposals, along with other important topics are
addressed in the following paragraphs:
USE-OF-FORCE CONTINUUMS:
The National Consensus Policy on Use of Force clearly communicate the pitfalls of use-
of-force continuums beginning with the use of the term “continuum.” It is often
interpreted to mean that an officer must begin at one end of a range of use-of-force
options and then systematically work his or her way through the types of force that
follow on the continuum, such as less-lethal force options, before finally resorting to
deadly force. To maintain the safety of both the officer and others, an officer might need
to transition from one point on the continuum to another, without considering the options
in between in a linear order. For instance, when faced with a deadly threat, it is not
prudent to expect an officer to first employ compliance techniques, followed by an
electronic control weapon, and only then use his or her firearm. For this reason, the use
of a continuum is strongly discouraged. Instead, force models are preferred that allow
officers to choose a level of force that is based on legal principles, to include the option
of immediately resorting to deadly force where reasonable and necessary. The Tukwila
Police Department does not use or recommend a use-of-force continuum. The 39
Tukwila Police Use-Of-Force Policy Review
Page 6
constitutional requirement for the use-of-force by an officer calls for an objective
reasonableness standard.
Officers spend quite a bit of time training with their service weapon, if TPD wants to
instill alternate forms of subduing suspects what is TPD stance on spending equal
amounts of training that involves de-escalation and non-lethal weapons?
We provide annual de-escalation training, crisis Intervention training, defensive tactics
training (hands-on tactics) Taser training, impact weapons training. Officers must be
periodically trained in the use of all less than lethal weapons before use.
Upcoming: Patrol Tactics (De-escalation 8 hours annually for a total of 24 hours over a
three-year period plus an additional 16 hours of crisis intervention for a total of 40
additional hours – LETSA Requirement).
Defensive Tactics (Includes open hand, Taser, impact weapon, handcuffing – 3 times
per year for a total of 12 hours annually)
Crisis Intervention (2 hours annually mandatory through the CJTC)
Minimum of 8 hours specific impact weapons training with annual updates for the
system carried)
BODY-WORN CAMERAS:
The Tukwila Police Department led the way for the full implementation of the bodycam
in 2017 after we partnered with Axon to complete a national pilot program which
integrated in-car video, bodycams and taser deployments. We led the way in the state
of WA with full implementation because it was important to the agency to maintain a
level of transparency with our diverse community with the focus on building trust.
What happens when officers turn off their body cameras while in the presence of
suspects? What’s to ensure that apprehension of suspects and carrying out of their
duties are captured on camera? Are searches of suspects and suspects property done
while cameras are on?
Policy require that officers activate their cameras while contacting a community member
or suspect during their duties/responding to calls. If an officer fails to turn on his/her
camera they could face progressive discipline. The policy is specific.
The Axon body and in-car camera is activated automatically when the patrol vehicle
lights are activated. The Axon body cameras can also be activated when a taser is
removed from the Axon Taser holster. In addition, the body cameras of the officers
near tha activated body camera will also activate. If the camera is not automatically
activated, the officer conducting enforcement or investigative contact is required to
activate their camera by policy. TPD selected this integrated system to allow for as
much transparency as possible.
40
Tukwila Police Use-Of-Force Policy Review
Page 7
USE-OF-FORCE TRACKING & STATISTICS:
We believe that after the bodycam implementation in 2017, we saw a 50% reduction in
the use-of-force. Careful monitoring over the years provides for the basis of training and
adjustment in our use-of-force practices. Monitoring begins with a review of each
officer’s use of force, first by the supervisor, then the command staff. Each use of force
is logged into The Administrative Investigations Management (AIM database where all
uses of force, complaints and Internal Investigations are completed and saved. The use
of the database allows for easy retrieval of statistics and more importantly, there is an
early warning/intervention component designed to alert command staff of an officer’s
use of force that meets a certain criterion set by the agency.
Can officers gain access to their body cam footage? If so, what’s to ensure that
inappropriate activities captured on cameras are not destroyed? Do officers have to log
and document interactions with the public when they do so in an official capacity? Is
there random review of camera footage by supervision to ensure officers are adhering
to police policy?
Officers can view their footage to assist with their report writing. All access to the
system is logged and password protected. If I log into the system and view a video, the
system will show and time stamp that I logged in and viewed the video. Officers do not
have the ability to erase video footage. Officers can only log in and view their video.
The only logging an officer can do is to affix a case number to footage when a case
number has been drawn. The system is tamper proof by officers. Only a few
individuals, I designate have admin rights to the system.
DUTY TO INTERCEDE:
Tukwila Police policy states that, in addition to making the scene secure, officers
present have a duty to intercede if they witness excessive force. If an officer believes
another officer use or is using force that does not appear reasonable, they need to bring
the situation to a safe resolution and report the use of force to a supervisor.
Officers may have problems or reservations reporting on fellow officers, how is the TPD
going to address this issue?
It’s addressed in policy. If an officer violates policy, they will be disciplined to include
the possibility of termination.
CRISIS INTERVENTION TACTICS:
Officers should consider that taking no action or passively monitoring the situation may
be the
most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety
concerns have been addressed, responding members should be aware of the following
considerations and should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person’s name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non-threatening manner.41
Tukwila Police Use-Of-Force Policy Review
Page 8
• Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person’s verbal
communication).
• Provide for sufficient avenues of retreat or escape should the situation become
volatile.
Responding officers generally should not:
• Use stances or tactics that can be interpreted as aggressive.
• Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal.
• Argue, speak with a raised voice, or use threats to obtain compliance.
The demands of Officers can be quite overwhelming when dealing with mental health
crisis. Do officers could contact health care specialists to assist in resolving issues with
the public when needed? What is the policy on calling those resources in when
needed?
Officers received crisis intervention training every year; however, we need more options
and officers know that they can call The King County Crisis Response Team, however,
the team man not be readily available and a response can be delayed during a critical
incident. The City of Tukwila is leveraging funding for co-responding mental health
professionals to imbed with our patrol officers to add an immediate mental health
response.
FORCE DE-ESCALATION:
The agency has been forward leaning in force de-escalation. During the conversation
regarding I-940, the legislative mandate for the de-escalation of force, we resourced
and coordinated a mandatory de-escalation training taught by a National Leading Law
Enforcement Consulting Firm.
Our goal during 2018 was to build trust and legitimacy through community engagement.
As we moved forward in making great strides in our efforts to reduce uses-of-force
within the Tukwila Police Department, we recognized that de-escalation training and
tactics is an important line of effort in reducing use-of-force incidents.
After the Law Enforcement Training and Safety Act (LETSA) was passed, Tukwila
Police Department registered three Scenario-Based Trainers to attend the first iteration
of the Criminal Justice Training Commission (CJTC) Patrol Tactics Instructor Course
geared to teach officers the tactics of integrating de-escalation training into the use-of-
force curriculum. Our recently certified instructors are working on current programming
and I expect the first 8-hour module will be approved by the CJTC and trained in the 3rd
quarter of 2020. If this timeline is accomplished, I believe we will (again) lead the state
in LETSA de-escalation training requirements. Clear language will be added to the
policy directing de-escalation tactics as required by the state mandated LETSA.
What does the long-term training look like for officers getting supplemental training? Is
there consideration with providing officers some type of compensation for this increased 42
Tukwila Police Use-Of-Force Policy Review
Page 9
training? For example, if officers were designated for SWAT, they would receive an
increase in pay. If officers can get a designation reflecting this training and were to be
compensated, there may be more incentive to receive and maintain proficiency in this
training.
Specialty officers, who are required to receive additional training and provide a 24/7
immediate response receive adequate compensation for their increased responsibilities.
LESS LETHAL FORCE:
Tukwila Less lethal force options range from impact weapons, launched chemical
weapons, Oleoresin Capsicum (OC/Pepper Spray, Kinetic Energy Projectiles/Weapons
and Conducted Energy Weapons (Tasers and use of impact weapons such as the
baton or Kinetic Energy Weapons such as less lethal launched impact rounds.
This department is committed to reducing the potential for violent confrontations. Kinetic
energy projectiles, when used properly, are less likely to result in death or serious
physical injury and can be used to de-escalate a potentially deadly situation
Use of impact weapons, kinetic energy weapons, the Taser in the probe mode and the
use of OC constitute a significant level of force that must be justified by a strong
governmental interest that compels the employment of such force.
A verbal warning of the intended use of the device should precede its application unless
it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances. The purpose of the warning is to give the individual a reasonable
opportunity to voluntarily comply and to warn other officers and individuals that the
device is being deployed.
Officer's may use CED's in the following circumstances:
1. When a subject causes an immediate threat of harm to officers or others; or
2. When public safety interests dictate that a subject must be taken into custody,
and the level of resistance presented by the subject is likely to cause injury to the
officer or the subject if hands-on control tactics are used.
Mere flight from a pursuing officer without other known circumstances or factors, is not
good cause for the use of the CED to apprehend an individual.
Training in the proper and ethical use of all less lethal force options is required prior to
use.
We have witnessed in other cities officers using non-lethal weapons on the public in
ways not intended by the manufacturer. Examples being firing rubber bullets at citizens
head or directly into the body, what steps does TPD have to ensure that officers use
these weapons as intended. Are commanders responsible for the actions of their
officers?
I have not seen this; however, it may have been reported. Officers are specifically
trained to not target tertiary and other sensitive areas when using less-than-lethal
weapons. 43
Tukwila Police Use-Of-Force Policy Review
Page 10
If an officer uses proper targeting, as trained and a fleeting suspect ducks or move as
the incoming projectile is in flight, they could be hit in a sensitive or tertiary area. Yes,
that can happen, and it may not be deliberate.
Commanders and officers alike bear responsibility. The agency is responsible for the
proper training, a commander may give the order to use less-than-lethal; however, the
officer is responsible for the proper targeting.
VASCULAR NECK RESTRAINT:
A choke hold is the physical restriction of a person’s airway which disrupts their
breathing. A lateral vascular neck restraint (VNR is not a choke hold; regardless, it is
confused with the term “choke hold.” A VNR is the temporary disruption of the blood
flow to the brain by compression of the carotid arteries. It normally takes 4-10 seconds
with proper application to render a person unconscious which allows for safe compliant
handcuffing avoiding injury to the officer and arrestee. Regardless of the success of
this safe technique, the negative response from the community regarding its use (often
purported as a “choke hold” has made its use untenable.
I suspended the VNR pending a full review and potential adjustment in consideration of
the concerns surrounding its use unless the officer's life is at risk. When trained and
used properly, the VNR allows an officer to safely take a resistive/assaultive subject into
custody without having to use other intermediate level force such as punches, baton
strikes, Taser applications, or impact weapons, which are all less lethal options. VNR
when professionally trained and applied by a skilled officer and regulated, will
temporarily subdue the combative subject resulting in no injuries to officers and the
arrestee.
Continued use of the VNR will be difficult if not impossible; however, I believe law
enforcement will lose a viable de-escalation tool because of mis-information associated
with improper and untrained use of the variant called the “choke hold” which resulted in
the deaths of several subjects.
What sort of feedback are officers relaying back to their commanders regarding this
policy change?
They don’t like the loss of a valuable tool that reduces injury and more importantly de-
escalates potential violent encounters; however, most understand the catalyst behind
the public perception and the fact that its use will further erode public trust.
DEADLY FORCE APPLICATIONS:
The Tukwila Police policy states that deadly force is justified to protect oneself or others
from what he/she reasonably believes would be an imminent threat of death or serious
bodily injury.
An officer may use deadly force to stop a fleeing subject when the officer has probable
cause to believe that the person has committed, or intends to commit, a felony involving
the infliction or threatened infliction of serious bodily injury or death, and the officer
reasonably believes there is an imminent risk of serious bodily injury or death to any
other person if the subject is not immediately apprehended. 44
Tukwila Police Use-Of-Force Policy Review
Page 11
Under the above circumstances, a verbal warning should precede the use of deadly
force, where feasible.
What is TPD policy when deadly force is used, is there a review process, who is
involved, is it just TPD staff or is there a civilian observer there as well?
Next Month, I will have Deputy Chief Drever, brief you on the Law Enforcement Training
and Community Safety Act WAC 139-12 which speaks to your questions.
Essentially, as a result of I-940, WAC 139-12 is the new requirement that outlines the
Independent criminal Investigation requirements (absent of TPD staff involvement)
along with the requirement to have at least two non-law enforcement community
members assigned to observe the investigation alongside the Chief of Police. They get
to review all Press Releases before publishing, and they have the opportunity to vet the
Independent Investigative Team members and identify any conflicts of interest.
SHOOTING AT OR FROM MOVING VEHICLES:
Shots fired at or from a moving vehicle are rarely effective. Tukwila Police use-of-force
policy states that, Officers should move out of the path of an approaching vehicle
instead of discharging their firearm at the vehicle or any of its occupants.
An officer should only discharge a firearm at a moving vehicle or its occupants when the
officer reasonably believes there are no other reasonable means available to avert the
threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or
others.
Officers should not shoot at any part of a vehicle to disable the vehicle.
TPD from this statement appears to be saying that when shooting at a vehicle, it is with
the intent of killing the driver/suspect, is that accurate?
No. Shooting at a vehicle to disable it does not work. Therefore, as a last resort, and if
you have no route of escaping the path of that vehicle, or if you are trying to prevent the
driver of that vehicle from killing or seriously injuring another, the only alternative will be
to shoot the offender to effectively stop the threat. In the above example, we shoot to
stop the person from doing that which is highly injurious or deadly to another human
being.
REPORTING THE USE OF FORCE:
Any use of force by a member of this department shall be documented promptly (by the
end of shift, unless approved by a supervisor, completely and accurately in a case
report and on a Use of Force Report form.
What is the process afterwards, is there an investigation?
A supervisor will review each use-of-force by going to the scene if available; complete a
review of the documented report to include a review of bodycam and in-car video and
45
Tukwila Police Use-Of-Force Policy Review
Page 12
forward the review to the commander. The commander will review the use of force and
forward up the chain of command if there is a concern otherwise it will be filed in the
use-of-force database per the state retention requirements.
APPLICATION OF HANDCUFFS:
Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a
person’s hands to ensure officer safety. Although recommended for most arrest
situations, handcuffing is discretionary and not an absolute requirement of the
Department. Officers should consider handcuffing any person they reasonably believe
warrants that degree of restraint. However, officers should not conclude that to avoid
risk every person should be handcuffed regardless of the circumstances.
What is the policy on vehicle stops, officers in other cities routinely remove motorists
from vehicles and place them in handcuffs, what is TPD’s policy on vehicle stops? Is
there de-escalation training regarding vehicle stops?
During traffic stops involving the issuance of an infraction, drivers are not routinely
removed from vehicles unless there is a significant articulable officer safety concern.
Meaning the driver presented an active articulable threat to the officer. An officer has to
justify removing an occupant from a vehicle during a traffic stop that merely involves the
issuance of an infraction. We are trained to have drivers remain in their vehicle. We do
not want you outside of your vehicle during traffic stops.
During an in-custody arrest situation (the person is going to jail) the officer is required to
place the person in handcuffs during transport.
If an officer elected to arrest a violator by citation for a misdemeanor crime, the officer
has the option; however, placing that person in handcuffs is not mandatory.
While conducting non-compliant handcuffing where a subject is face down on the
ground, officers shall not place a knee on the subject’s neck. A knee can be placed on
the upper portion of the subject back while most of the officer’s body weight is
concentrated on the opposite knee resting on the ground. This technique avoids
damage to the subject’s neck caused by prolonged compression while it assists with
stabilizing a non-compliant subject while speedily applying restraints. As soon as the
restraints are applied, the subject should be assisted up and placed in a sitting position
inside of a vehicle.
ANNUAL MANAGEMENT ANALYSIS OF THE USE OF FORCE:
The commander with oversight of the use-of-force training cadre shall compile and
analyze the data from use-of-force reports. The intent of the analysis is to identify
patterns or trends that could indicate training needs or policy modifications. A report of
this analysis shall be prepared for Assistant Chief of Police.
What is the policy on officers with many uses of force complaints from citizenry? Is there
a policy to ensure officers who don’t meet the standards are removed from duty?
Any excessive use of force if egregious enough can result in discipline up to and
including termination if the allegation is sustained. (Early warning system)
46
Tukwila Police Use-Of-Force Policy Review
Page 13
RENDERING MEDICAL AID:
Medical aid shall be obtained for any person who exhibits signs of physical stress, who
has sustained a visible injury, or expresses a complaint of injury or continuing pain, or
who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until he/she can be medically assessed.
RESPONSIBILITIES FOR IMMEDIATE MEDICAL CARE:
Whenever practicable, members should take appropriate steps to provide initial medical
aid (e.g., first aid, CPR and use of an automated external defibrillator (AED in
accordance with their training and current certification levels. This should be done for
those in need of immediate care and only when the member can safely do so.
Are officers trained in providing Medical Aid? Can officers on-scene refuse to provide
aid?
Officers are trained on basic CPR and are required by policy to render aid at the level of
their training.
RECOMMENDATION
What police need is support in the following areas.
1. Funding for cognitive/emotional intelligence training such as the Cognitive
Command C2 training for officers. Cognitive training has scientifically proven
that an officer’s mental faculties are pragmatically more important than the
weapons on her or his tool belt and it can improve an officer’s control of self,
others, and the environment during a critical situation to improve officer/citizen
safety.
2. Funding the integration of Mental Health Professionals in our patrol function to
respond to persons in crisis who are suffering from Mental Illnesses with the
intent to unburden the police as opposed to defunding the police.
3. Funding to support the integration of the legislative mandated training because of
LETSA. LETSA calls for 24 additional hours of training in scenario-based de-
escalation training and 16 hours of implicit bias, Crisis Intervention, and other
training such as Cognitive Command Training.
There is generally a negative stigma from officers and their colleagues when asking for
help in relation to mental counseling. Are there thoughts on making it mandatory that
officers visit health care professionals periodically and passing an evaluation before
resuming their duties?
There is no legal requirement to require officers to undergo periodic medical or
psychological evaluations. The city and department encourage all officers to seek help
if they are experiencing difficulties/increased levels of stress that is impacting their
ability to carry out their duty. There are several programs in place to support our officers
to include a Peer Support Program, a Psychologist and rapid access to a wide variety of
resources via cell phone applications provided by the police department. 47
Tukwila Police Use-Of-Force Policy Review
Page 14
Officers have access to professional help through HR and department specific
programs. TPD leadership have addressed officer wellness and safety in a significant
way over the last two years to remove the stigma from individual reporting when
assistance is needed. When an officer/officers witness a traumatic event, a Critical
Incident Stress Debrief is customary for those involved in a group setting. In the last
year, our Peer Support Program was fully implemented with future growth strategies in
place. Finally, if an officer is involved in a shooting, it is mandatory to have a
psychological assessment prior to returning to work.
We have seen officers in other cities cover their badge number while performing their
duties. What is the policy regarding this? Officers generally have their name printed on
their chest, is there a way to have their badge number embroidered on their uniform in
the same fashion?
The only time Tukwila Police Officers can cover their Badge Numbers is when they are
authorized by the Chief of Police during the morning of an Officer On-Duty Death. This
is typically authorized for a one-week period. All Tukwila officers are required by policy
to provide their name and badge number when requested. Any willful violation of our
policy could result in discipline.
We have seen law enforcement in other cities in riot gear with no discernable
identification. Can TPD consider making it mandatory for officers to affix a large printed
patch that shows their name and has their badge number visible for the public? On their
helmet as well?
We can closely examine our tactical gear to ensure our identification is affixed
appropriately.
What are the criteria for the use of tear gas? If used, who is held accountable for its
use? Who makes the decision to use tear gas?
The Chief of Police and or the incident commander can authorize the use of “Tear Gas.”
I am accountable for its use. It will only be deployed by trained personnel for the legal
dispersal of individual who are actively rioting, committing assaults and or the
destruction of property while refusing to disperse after appropriate warnings. Contrary to
an incredible amount of misinformation, tear gas is the least intrusive of chemical
agents. All tactical officers are exposed to chemical agents and although they are
uncomfortable, they disperse large violent crowds while avoiding injuries to the
rioters/violent protesters and officers.
The need for additional training is paramount but also costs money. It is the opinion of
some, that one well-trained officer can in most circumstances equal the value of two or
more officers. Is the city making the resources available to TPD to be able to implement
the additional training needed to make the department better?
The State of Washington mandated increased police officer training requirements in
2019 based on LETSA. The mandate is unfunded. Law enforcement agencies, during
COVID restrictions and reduced funding must still meet the requirements of the
48
Tukwila Police Use-Of-Force Policy Review
Page 15
additional 40-hour training requirement. TPD will make the adjustment with existing
budgets while leveraging grant funding.
Has the city investigated pay increases to officers in leu of additional personnel?
Every police department is experiencing budgetary challenges because of the COVID
pandemic. I am sure that the various collective bargaining units come to the table and
negotiate appropriate salary structures congruent with wages in the region.
Attachments:
Tukwila Police Department Policy Manual
The National Consensus Policy on Use of Force
49