Having a Squared Away Police Department

10/23/2014
Challenging Wisconsin’s
Law Enforcement Agencies
To Achieve Excellence
Wisconsin Law Enforcement Accreditation Group
Non-Profit Organization
Police
Having a
Department
• Rick Balistrieri
WILEAG Program Manager
Former Deputy Chief for the City of West Allis Police Department
• Chief Greg Peterson
Town of Grand Chute Police Chief
President of WILEAG
• Chief Steve Kopp
Town of Beloit Police Chief
• Chief Dennis Nasci
Village of West Milwaukee Police Chief
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Break-Out Description
Having a Squared Away Police Department
This workshop will provide practical, current, need-to-know
information regarding state-mandated policies and
practices for those communities with or considering forming
their own police departments.
There will also be a panel discussion and
time for Q & A.
Are you concerned about your police
department and liability?
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Reducing Law Enforcement Liability
Reviewing the High Risk Critical Areas
According to recent studies, Nearly 95% of law enforcement liability comes from only
twelve tasks. “Specifically addressing these high-risk critical areas through policy and
training can severely limit a department's and their officer's liability.” The twelve highrisk critical areas requiring the most attention are:
· Use of Force
· Pursuit and Emergency Vehicle Operations
· Search and Seizure including Arrest
· Care, Custody and Control of Prisoners
· Domestic Violence
· Property and Evidence
· Off-Duty Conduct
· Sexual Harassment / Misconduct
· Selection and Hiring
· Internal Investigations
· Special Operations
· Dealing with the Mentally Ill or Emotionally · Disturbed
CIVIL ACTION - Intentional Torts:
An intentional tort would occur when an officer, without
justification, intentionally commits an act which is
recognized by the law as a tort.
For example, if an officer were to use his baton to
intentionally strike someone who had done nothing wrong.
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Negligence Actions:
Another type of tort for which an officer may be sued… there are four
basic elements of a negligence action.
1. A duty owed - All persons generally
have a duty to act with reasonable care
toward those they come into contact
with.
2. A breach of the duty - A person
breaches their duty when they fail to
exercise reasonable care.
3. Causation - The breach of duty must
be the cause in-fact and the proximate
cause of the plaintiff’s injury.
4. Damages - The plaintiff must suffer
some damages as a result of the
breach of duty.
Criminal Actions:
State criminal code: It must be recognized that when officers commit an act,
which is not justified by some law enforcement purpose, and that act constitutes a
crime the officer may be criminally charged.
For example, if an officer slaps a compliant suspect for no reason
then the officer may be charged with simple assault.
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Violation of Civil Rights- 42 U.S.C.
sec. 1983:
This type of lawsuit is the type
that officers most often face.
This statute was created in order to provide
citizens with a remedy for redressing violations of
civil rights. Section 1983 does not create any
substantive rights but is a mechanism for
enforcing rights that are granted by the United
States Constitution or by a federal statute.
It is unlawful for State or local law enforcement officers to
engage in a pattern or practice of conduct that deprives
persons of rights protected by the Constitution or laws of
the United States. (42 U.S.C. § 14141).
The types of conduct can include, among other
things, excessive force, discriminatory
harassment, false arrests, coercive sexual
conduct, and unlawful stops, searches or arrests.
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“Police related claims represent a small fraction of our claims by number
(about 2%) but represent 40% of all of money we have spent (most for
attorneys not awards).”
Wisconsin has tort caps that reduce exposure greatly for general liability
($50,000 cap) and auto liability claims ($250,000 per cause of action cap).
There are no tort caps for civil rights violations.
Richard J. Bayer
Loss Control Manager
A recent article in American Police Beat asked the question, "Want to sue the police?“
"Suing police departments for damages has become big business.
It's so big, in fact, that there's now a how-to-sue conference by and
for lawyers taught at New York's Fordham Law School."
This statement reminds us that we live in a very litigious society. As professionals, we must
provide the highest standards of service possible while minimizing our liability exposure.
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Accreditation
is a progressive and
time-proven way of helping
institutions evaluate and improve
their overall performance.
The key to any successful accreditation system lies in the
consensus of published standards containing a clear
statement of professional objectives.
Academia and Hospitals
ACBSP is the leading
specialized
accreditation
association for
business education
that supports,
celebrates, and
rewards teaching
excellence.
Accreditation
UW-Madison is
accredited by the Higher
Learning Commission of
the North Central
Association of Colleges
and Schools.
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10/23/2014
Why wouldn’t a
Wisconsin law
enforcement agency
pursue that level of
professionalism?
Greater Accountability Within the Agency
Wisconsin Law Enforcement Accreditation Group (WILEAG)
standards give the Chief Executive Officer a proven management
system of written directives, sound training, clearly defined lines of
authority, and routine reports that support decision-making and
resource allocation.
No longer, “What did we do last time?”
“Accreditation standards are established as the best law
enforcement practices in the State of Wisconsin that lead to
professionalism, clarity of purpose and no longer
operating in the gray.”
Rick Balistrieri
WILEAG Program Manager
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Reduced Risk and Liability Exposure
Accreditation acknowledges best practices in Wisconsin law
enforcement. An independent evaluation of the agency operations
and policies… reveals agency weaknesses… reinforces agency
strengths.
Accreditation is an administrative tool that optimizes performance,
minimizes errors and omissions, and provides the framework to
strive for excellence in policing. Therefore, by establishing clearly
defined guidelines, policies and procedures bolster accountability
and enhance legal defensibility in the civil litigation arena.
Many agencies report a reduction in its liability insurance costs and/or reimbursement of
accreditation fees. Cities and Villages Mutual Insurance Company (CVMIC) for example
will reimburse member agencies up to $500 towards the cost of an on-site assessment
and waives the agency from undergoing annual facility risk assessment.
Stronger Defense Against Civil Lawsuits
Litigious society…
Accreditation reduces risk factors in law enforcement operations.
Accredited agencies are better able
to defend themselves against civil
lawsuits. Many agencies across the
country have reported a decline in
legal actions against them, once
they become accredited.
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Staunch Support from Government Officials
Accreditation provides objective evidence of an agency's
commitment to excellence in leadership, resource management,
and service-delivery. Thus, government officials are more
confident in the agency's ability to operate efficiently and meet
community needs.
Accredited status is a Prestigious accomplishment recognized by
your community and elected officials.
Increased Community Advocacy
Accreditation embodies the precepts of communityoriented policing. It creates a forum in which law
enforcement agencies and citizens work together to
prevent and control challenges confronting law
enforcement and provides clear direction about
community expectations.
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Introduction to
Law Enforcement Accreditation
- Law enforcement accreditation was conceived in 1978 by the IACP.
- The U.S. Department of Justice grant awarded to Commission on
Accreditation for Law Enforcement Agencies (C.A.L.E.A.) in 1979.
- The original standards were developed by:
International Association of Chiefs of Police (I.A.C.P.)
National Organization of Black Law Enforcement Executives (N.O.B.L.E.)
National Sheriffs’ Association (N.S.A.)
Police Executive Research Forum (P.E.R.F.)
- First agency accredited by C.A.L.E.A. in 1985.
• Expense made CALEA prohibitive for most law
enforcement agencies. As it stands right now, just three
Wisconsin police departments are accredited through
CALEA:
1. City of Beloit Police Department
2. City of Oshkosh Police Department
3. UW-Madison Police Department
• CALEA is NOT Wisconsin Specific – there are 43 Wisconsin
standards driven by statutes, department of corrections
regulations or employment law that are not recognized by
CALEA.
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Accreditation
Professionalism
Integrity
Excellence
Wisconsin Law Enforcement Accreditation Group
is the initiative of the
Wisconsin Chiefs of Police Association (W.C.P.A.)
- First Edition Standards approved by the W.C.P.A.
Accreditation Committee June 02, 1995.
- First Edition Standards officially approved by WILEAG
Governing Board December 03, 1996.
- Goal to provide a high quality, affordable alternative to
national accreditation.
- Program is tailored to meet the needs and
capacities of Wisconsin agencies.
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Achieving accredited status through
the Wisconsin Law Enforcement
Accreditation Group (WILEAG) is
1/10th the cost of CALEA.
WILEAG is a Governing Board in the
accreditation process.
Only WILEAG has the authority to grant
Wisconsin accredited status.
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WILEAG
Governing
Board
Wisconsin Chiefs of Police Association
Greg Peterson – President
Chief of Police
Grand Chute Police Department
Wisconsin City / County Manager’s Association
Tamara Mayzik
City Administrator
City of South Milwaukee
Wisconsin Police Executive Group
Anna M. Ruzinski – Vice President
Chief of Police
Menomonee Falls Police Department
Wisconsin Professional Police Association
James L. Palmer
Executive Director
Wisconsin Professional Police Association
FCCTV Committee – WCPA
Robert Rosch – Treasurer
Chief of Police
Hartland Police Department
Badger Sheriff’s Association
John Matz
Sheriff
Winnebago County Sheriff’s Office
Wisconsin Insurance Alliance
James B. Scrivner – Secretary
Retired Insurance Executive
Cities & Village Mutual Insurance Company
Richard J. Bayer
Loss Control Manager
4-Year College Program
Stan Stojkovic
Dean / Professor / UW-Milwaukee
2-Year College Program
Rick Cole
Training Academy Director
Wisconsin District Attorney’s Association
Jacob D. Corr
Assistant District Attorney
Milwaukee District Attorney’s Office
WILEAG is a non-profit
and independent
organization.
Wisconsin Department of Justice
Brian O’Keefe
Administrator, Division Law Enforcement Services
FBI National Academy
Michael J. Jungbluth
Chief of Police (retired)
West Allis Police Department
WI-PAC
Mark Ferguson
WI-PAC President / Captain of Police
Glendale Police Department
At Large
Lisa Otterbacher
Chief of Police
Whitewater Police Department
We have 2 different programs for agencies pursuing law enforcement excellence…
Full Accreditation
235 Standards
Core Standards
Verification Program
for small law enforcement agencies
39 Standards Identified as “High Risk”
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Standard Defined:
Complete policies
to comply with
the standards and
implement
Standard:
A model of authority or excellence; identified best practices in law enforcement that
require compliance by policy and by proof.
Example:
6.3.6
Adult Custodial Interrogation
A written directive requires the agency to have procedures governing adult custodial
interrogations, to include electronic recording for suspects arrested for a felony in
conformity with § 968.073(2) Wis. Stats.
Wisconsin Mandatory Policies
Policies Mandated by State Law:
•USE OF FORCE: 66.0511(2) "Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or
standard regulating the use of force by law enforcement officers in the performance of their duties.“
•CITIZEN COMPLAINT: 66.0511(3) "Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a
specific procedure for processing and resolving a complaint by any person regarding the conduct of a law enforcement officer employed by the agency. The
writing prepared under this subsection shall include a conspicuous notification of the prohibition and penalty under 946.66 Wis Stats".
•HIGH SPEED PURSUIT: 346.03(6) "Every law enforcement agency that uses authorized emergency vehicles shall provide written guidelines for its officers
and employees regarding exceeding speed limits under the circumstances specified in sub. (4) and when otherwise in pursuit of actual or suspected
violators. The guidelines shall consider, among other factors, road conditions, density of population, severity of crime and necessity of pursuit by vehicle."
(Information, Model Policy, and Training Materials)
•OPEN RECORDS: 19.34(1) "Each authority shall adopt, prominently display, and make available for inspection and copying at its offices, for the guidance of
the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under 19.33 from whom,
and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records,
and the costs thereof.“
•DOMESTIC ABUSE: 968.075(3) "Each law enforcement agency shall develop, adopt and implement written policies regarding arrest procedures for
domestic abuse incidents. The policies shall include, but not be limited to, the following...“
•EXPANDER OF JURISDICTION: 175.40(6)(d) "In order to allow a peace officer to exercise authority under par.(a), the peace officer's supervisory agency
must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and
cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
•REPORTING ABUSE: 48.981(3)(b)3. "Each sheriff and police department shall adopt a written policy specifying the kinds of reports of suspected or
threatened abuse, as defined in 48.02(1)(b) to (f), that the sheriff or police department will routinely refer to the district attorney for criminal prosecution".
•EYEWITNESS IDENTIFICATION: 175.50(2) "Each law enforcement agency shall adopt written policies for using an eyewitness to identify a suspect upon
viewing the suspect in person or upon viewing a representation of the suspect. The policies shall be designed to reduce the potential for erroneous
identifications by eyewitnesses in criminal cases."
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Recent Additions to the
Policies Mandated by State Law
STRIP SEARCHES: 968.255(6) "Each law enforcement agency, as defined in s. 165.83 (1) (b), and each
facility where a strip search may be conducted pursuant to this section, shall establish written
policies and procedures concerning strip searches which at least meet the minimum requirements
of this agent section and shall provide annual training regarding the policies and procedures to any
employee or of the agency or facility who may conduct a strip search.”
Plaintiffs announce in July 2013 the filing of a civil suit on strip searches
conducted by Milwaukee police officers. A jury awarded Hardy $506,000;
his attorneys are seeking $515,000 in fees.
Recent Additions to the
Policies Mandated by State Law
REVIEW OF DEATHS INVOLVING OFFICERS: 175.47(2) "Each law enforcement agency shall have a written
policy regarding the investigation of officer-involved deaths that involve a law enforcement officer
employed by the law enforcement agency.”
Bell's family settled a federal civil rights suit with
the City of Kenosha and its police department for
$1.75 million. Many civil settlements include a
confidentiality agreement, which precludes
families from discussing the case.
Gov. Scott Walker signs a bill requiring independent investigations of deaths in police custody on
Wednesday in his office. Standing behind Walker is Sonya Moore (center), the mother of Derek
Williams, who died in Milwaukee police custody in a squad car in July 2011.
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Wisconsin Recommended Policies
Recommended Policies:
•OFFICER-INVOLVED DOMESTIC VIOLENCE: On December 2, 2008, the Law Enforcement Standards Board adopted this model policy for Officer-Involved
Domestic Violence. Although this is not a mandatory policy, the LESB recommends that law enforcement employers adopt this policy.
Policies Required Under Certain Conditions:
•PRIVACY IN LOCKER ROOMS: 175.22 "Any person that owns or operates a locker room in this state shall adopt a written policy that does all of the
following...“
•POLICE ESCORTS: 346.215 "The privileges...do not apply...unless...the law enforcement agency...has provided written guidelines...regarding the
escorting of vehicles under this section.“
•CRIME VICTIM'S RIGHTS: 950.08 "No later than 24 hours after a law enforcement agency has initial contact with a victim of a crime..., the law
enforcement agency shall...provide to the victim written information on all of the following:“
•DISPOSITION OF PUBLIC RECORDS: 19.21(4), (5) The Wisconsin Historical Society must be notified prior to the destruction of public records.
(Information for local government and state government agencies.)
•EMERGENCY DETENTION: 51.15(11m) "Law enforcement agencies shall designate at least one officer...who shall attend the in-service training on
emergency detention and emergency protective placement procedures...if the county department...offers an in-service training program."
Full Accreditation
The program consists of 235 standards, that
incorporate the best police practices and are
specifically tailored to the needs and capabilities of
Wisconsin agencies.
Agencies are evaluated every three years.
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Standards Have Undergone Legal review by Gregg Gunta Law Offices
Core Standard 13-6.1.8
Anatomical Gifts
6.1.8
Anatomical Gifts
A written directive requires officers to make a determination of prospective donors of
anatomical gifts, or those who have refused such a donation, as outlined in §157.06(12), Wis.
Stats.
Last Reviewed: December 10, 2012
Applicable
Wisconsin Statutes
§ 157.06(12)
Last Updated:
December 10, 2012
Essential Statutory / Standard Elements and Mandates
Must comply with §157.06(12), Wis. Stats.
WILEAG Standards require agencies to comply with
state-of-the-art standards in four basic areas:
Policy & Procedure
Administration
WILEAG
Standards
Operations
Support Services
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Baraboo
Bayside
Beaver Dam (City)
Beloit (City)
Beloit (Town)
Brown Deer
Burlington
Cedarburg
Cudahy
Evansville
Glendale
Grand Chute (Town)
Hartland
Janesville
La Crosse
Menomonee Falls
Middleton
Milton
Full
Accreditation
Program
Milwaukee
Muskego
Oshkosh
Pewaukee (Village)
Port Washington
Reedsburg
South Milwaukee
Superior
UW-Madison
Watertown
Waukesha Co. Sheriff
Waukesha (City)
Wausau
West Allis
Whitefish Bay
Whitewater
Winnebago Co. Sheriff
2015
ACCREDITATION
FEE SCHEDULE
$300 Sign-on
Application
$600 Annual Fee
Approximately $750
for the agency on-site
assessment
(3-year cycle)
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The Core Standards
Verification Program
is designed to serve
smaller Wisconsin law
enforcement
agencies.
It is available to agencies serving cities, villages and
towns under 10,000 population and sheriff’s offices
serving counties with a county population of 30,000
or less.
The Wisconsin Law Enforcement Accreditation Group (WILEAG)
has identified 39 CORE standards from within the 235
4th Edition standards in its ACCREDITATION PROGRAM.
These 39 select standards and the associated agency policies
are at the heart of the program. They are focused on:
• Key Federal & State statutory mandates related to law
enforcement.
• Requirements arising from case law.
• Inherent issues related to high risk law enforcement
operations.
• Sensitive areas involving community relations.
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39 Core
WILEAG
Standards
WILEAG
Core
Standards
Verification
Agency
Policies &
Practices
Core Standard 01-1.2.4 Harassment in the Workplace
Core Standard 21-6.6.3 Juveniles in Custody
Core Standard 02-1.2.5 Privacy in Locker Rooms
Core Standard 22-6.6.4 Interrogation of Juveniles
Core Standard 03-1.6.1 Expander of Jurisdiction
Core Standard 23-6.6.5 Missing Juvenile Investigations
Core Standard 04-1.6.2 Mutual Aid
Core Standard 24-6.6.6 Relinquishing Custody of Newborns
Core Standard 05-1.7.7 Strip Searches
Core Standard 25-6.6.7 Reporting Abuse of a Child
Core Standard 06-1.9.1 Citizen Complaint
Core Standard 26-7.1.1 Detainee Search
Core Standard 07-2.4.5 Hiring Medical Exams
Core Standard 27-7.2.1 Lock-up Facilities
Core Standard 08-2.7.1 Part-Time Personnel Selection / Training
Core Standard 28-9.1.10 Inter-Jurisdictional Communications
Core Standard 09-2.8.1 Auxiliary Personnel / Training
Core Standard 29-10.1.1 Separation of Juvenile Records
Core Standard 10-4.2.1 Disciplinary System and Punitive Action
Core Standard 30-10.2.1 Open Records
Core Standard 11-5.1.1 Use of Force
Core Standard 31-11.1.6 Computer / Electronic Evidence – Chain
of Custody
Core Standard 12-6.1.4 High Speed Pursuit
Core Standard 13-6.1.8 Anatomical Gifts
Core Standard 14-6.2.5 Traffic Stops / Approach
Core Standard 15-6.3.6 Custodial Interrogation
Core Standard 16-6.3.7 Eyewitness Identification
Core Standard 17-6.3.8 Officer Involved Shooting
Core Standard 18-6.3.9 Domestic Abuse
Core Standard 32-12.2.3 Recruit Training
Core Standard 33-12.2.4 Field Training
Core Standard 34-12.2.5 Annual Training
Core Standard 35-12.2.6 Career Development
Core Standard 36-14.1.1 Victim and Witness Rights
Core Standard 37-14.1.2 Victim and Witness Services
Core Standard 19-6.6.1 Juvenile Operations
Core Standard 38-19.21 Disposition of Public Records –
Destruction Contemplated
Core Standard 20-6.6.2 Juvenile Offenders
Core Standard 39-51.15 Emergency Detention
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The Process
Apply with
WILEAG Program
Manager
Complete policies
to comply with
the core
standards and
implement
Provide policies
and proofs to the
WILEAG Program
Manager
Two assessors will
review the
submission and
provide a report
to WILEAG
WILEAG Board
determines
agency program
status.
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Compliance
Fulfilling the mandatory requirements of a standard and
dimension.
Proofs
Documentation/demonstration that the agency complies
with the standard. Proofs may include photos, incident
reports, screen shots, etc. Proofs show that the agency
does what their policy says.
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If agency
appears to be in
compliance, a
hearing before
the WILEAG
Board will be
scheduled
I provide a
written report to
the Governing
Board; a
summary of
assessor
findings
I provide a
verbal overview
of the assessors
comments,
highlighting
strengths &
weaknesses of
the agency
WILEAG is a Governing Board in the
core standards verification process.
Only WILEAG has the authority to grant
core standards verified status.
3-year cycle of re-verification
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Awards Issued at Chief / Sheriff Conferences
The Core Standards Verification Program serves
two purposes for agencies that successfully
participate:
1.
It provides independent verification that the
agency is meeting minimum expectations in
essential areas of operations and management.
2.
It serves as a stepping stone to full accreditation
for those agencies that aspire to that level of
professional excellence.
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2015 FEE SCHEDULE
Town of Beloit Police Department
Has fully demonstrated its voluntary commitment to law enforcement
excellence by its compliance with a body of 39 core standards deemed
essential to the protection of life, safety, and rights of the citizens it
serves.
$100 Sign-on
Application
$300 Annual Fee
Certificate of
Core Standards Verification
Upon recommendation of the members of the
Governing Board of the Wisconsin Law Enforcement
Accreditation Group, The Town of Beloit Police
Department is recognized with verification of the 39
Core standards for a period of three years.
Effective the 20th day of January, 2014
No Cost for the File
Assessment!!!
Member benefits include FREE
attendance at all CVMIC –
WILEAG Sponsored training
courses, FREE access to CVMIC
legally reviewed model policies
and access to the CVMIC
newsletter.
Greg Peterson
President, WILEAG
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“Even with policies in place, agencies need to check to see when
they were last reviewed and revised. A policy should be a living,
breathing document - just like the rest of the world we live in. Laws
change every day, court decisions are rendered, and the
expectation is that you and your agency are in the know, on the
cutting edge of these changes, and are adapting daily to protect
themselves and their community. It doesn't take a brilliant lawyer
to ask for a policy manual after filing a claim, nor does it take a boy
genius to see that the policy was written several years ago.”
Chief Louis Zook
Sylacauga, Alabama
He is a past-president of the Alabama Association of Chiefs of Police (AACOP), a graduate of the Alabama Police
Academy and the FBI National Academy. He serves as an adjunct instructor for AACOP, Gulf States RCPI, and the
Alabama League of Municipalities, and is a current Board Member for the Institute for Criminal Justice Education.
Benefits of
Law Enforcement Accreditation
Basis for an enhanced sense of professionalism and pride.
Security in the knowledge that agencies are well managed.
Assurance that enforcement operations and personnel are
consistent and well directed.
Independent review and
evaluation of agency operations.
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Why wouldn’t your law
enforcement agency
pursue that level of
professionalism?
Program Manager Rick Balistrieri
414-813-0005
[email protected]
http://www.wileag.info/
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