PoliceChief - Inside this issue Your Guide for THE 2021 Legislative Session - THE GEORGIA
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PoliceChief
THE GEORGIA
WINTER EDITION | 2021 Accenting Professional Law Enforcement Through Training
Inside this issue
Your Guide for THE 2021
Legislative Session
WINTER.2021 1
2 WINTER.2021 WINTER.2021 3
THE GEORGIA
PoliceChief
Leadership
6 President’s Message
8 From The Desk Of The Executive Director
FALL EDITION | 2020 Accenting Professional Law Enforcement Through Training
10 Chief Counsel’s Corner
TABLE OF CONTENTS Special Topics & Research
16 Five Reasons Defunding the Police is Not Realistic
20 Comprehensive Police Reform? More Than Policing!
26 Smaller Agencies Setting the Example for Excellence
16 GACP’s 2021
Legislative 36 Internal Affairs in 21st
Century Police Agencies
36
40
47
GACP’s Legislative Platform
Internal Affairs in 21st Century Police Agencies
Line of Duty Death Benefits and Assistance
Platform 48 Implementing De-Briefings To Improve Operations
5 FIVE Reasons 58 Risk Factors Associated with Excited Delirium
Syndrome and Arrest-Related Deaths
Defunding the
Police is Not
Realistic
46 62 Georgia’s Colleges and Universities:
Developing Police Officers of the Future
66 GOHS Gearing up for a Busy Winter in 2021
Comprehensive Police
Reform? More Than
Policing!
52 Columns
30
54
Insights
Around The State
70 Research
Risk Factors Associated
with Excited Delirium Comparison of Law Enforcement Suicides with
20 Syndrome and
Arrest-Related Deaths
Army and Firefighter Suicides 70
Impact of Precipitation on Motor Vehicle Crashes? 71
Impact of Firearms Removal on Repeat Instances of
Smaller Agencies
Setting the Example
forExcellence
56 Domestic Violence 72
GACP Corporate Member Buyers Guide & Advertisers
76 Buyers Guide
INSIGHTS 83 Advertisements
How do you develop a Georgia’s Colleges and
positive working
26 30 relationship with
elected officials?
Universities: Developing
Police Officers of the
Future
4 WINTER.2021 WINTER.2021 5
LEADERSHIP
GACP
PRESIDENT'S “ Information identified through this validated
Executive
job analysis technique will be used to restruc-
MESSAGE Board & Staff
ture and update the Chief Executive Training
Bruce Hedley, President
Course (CETC). In addition, the project also Janet Moon, 1st Vice President
Chief Bruce Hedley Alan Rowe, 2nd Vice President
GACP President & Chief of
identified classes that should be periodically Mark Scott, 3rd Vice President
Lilburn Police Department provided for veteran chiefs. It is our hope to Stoney Mathis, 4th Vice President
Wesley Walker, Immediate Past President
have this program implemented for persons Bruce Carlisle, Chair of the District Representatives
As this year ends, I wanted to recognize the hard work of our Executive Board, GACP
staff, 22 District Representatives, 19 Committees and their Members, and our mem- attending the June 2021 class.” Richard A. Carothers, General Counsel
bership. The GACP has been working hard as a team to accomplish so much this A. A. Butch Ayers, Executive Director
year. Our Training Committee will continue to work on improving our training at the W. Dwayne Orrick. Assistant Executive Director
Winter Training Conference and offer more choices so each of you can decide what an updated and functioning version of our highest Monica Duran, Training Coordinator
topics are best for you and your department. Work has already begun for the Annual governing document. John Whitaker, Special Projects Coordinator
Summer Training Conference as well. We are committed to providing you with highly Mark Bender, State Certification Coordinator
skilled instructors and state-of-the-art training. With our new investment strategy, Over the last few months, 19 chiefs from across the State
Ellen Cormier, Administrative Manager
we will soon have the resources to fund and hire some of the most highly sought-af- participated in an occupational analysis conducted by
Cathy Oehler, Member Relations Coordinator
ter instructors in the country. the Georgia Public Safety Training Center’s (GPSTC) staff
for the position of police chief in the State of Georgia. Keira Bailey, Receptionist
We have been working on a legislative platform and priority strategy for the upcom- Information identified through this validated job analysis Jennifer Sharrow, Public Relations Specialist
ing legislative session. Some of these topics include, behavioral / mental health, technique will be used to restructure and update the
controlled substances, crimes and criminal reform, police operations and tactics, and Chief Executive Training Course (CETC). In addition, the
use of force. Please go to: https://gachiefs.com/2021-legislative-platform-priorities/ project also identified classes that should be periodically
to see the 2021 Legislative Agenda. Our Legislative Committee has been working provided for veteran chiefs. It is our hope to have this
hard behind the scenes to insure we have the best legislative approach as they program implemented for persons attending the June
2021 class.
Contact Info
represent all of us at the Capitol. I trust when the time is right, we will join forces at
Georgia Association of Chiefs of Police
the Capitol just as we did with last year’s POAB bill. Numbers and visibility make a
difference! It has been my honor to serve as your President for the 3500 Duluth Park Lane, Suite 700
past six months, and I wanted to say thank you for allow- Duluth, GA 30096
At the November 25th Executive Board Meeting, the Board voted unanimously to ing me to serve in this capacity. Serving in this position Email: gacp@gachiefs.com
approve the recent amendments to our By-Laws and on December 1st, eight Districts has been and continues to be an honor of a lifetime.
voted unanimously to forward the Constitution, as amended, for a vote by the mem- Phone: 770.495.9650
bership at the Winter Training Conference. I would like to thank everyone involved I wish each of you the very best for the upcoming new Toll Free: 877.530.4682 outside /770, 404 & 678
with this project. It has been a massive undertaking to say the least. If 2/3 of the year and looking forward to seeing each you at the Fax: 770.495.7872
membership vote to approve the amended version of our Constitution, we will have Winter Training Conference!
6 WINTER.2021 WINTER.2021 7
LEADERSHIP
“The upcoming 2021 Legislative Session at the Capitol
in Atlanta will be interesting. There are already many
FROM THE DESK of the bills, pre-filed and soon to be introduced, that deal
with various aspects of how we perform our jobs.
EXECUTIVE DIRECTOR I urge all GACP members to pay special attention to
A.A Butch Ayers what is occurring at the Capitol.”
GACP Executive Director
As we welcome in the new year, let us review the past one. that the new curriculum and instructors will be ready to roll >> CLICK HERE TO
2020 was a challenging year for all of us, on many different it out during the Summer. Chief Stacey Cotton is running for Check out the
levels. Controversial police shootings, civil unrest, calls for po- 5th Vice President – IACP and your support will help Georgia
lice reform and defunding, COVID-19, election controversies, have a voice on the national level. legislative agenda
and the list goes on. While other industries and organizations
reduced, if not outright ceased, the delivery of services and The upcoming 2021 Legislative Session at the Capitol in
on our website at
products, we soldiered on – providing law enforcement ser- Atlanta will be interesting. There are already many bills, gachiefs.com
vices to our communities. pre-filed and soon to be introduced, that deal with various
aspects of how we perform our jobs. I urge all GACP mem-
The By-Laws have been updated and approved, and the up- bers to pay special attention to what is occurring at the Cap-
dated Constitution will be voted upon during the Winter Train- itol. Simply checking the Georgia General Assembly website
ing Conference in Jekyll Island. These updates were much on a daily, yes – daily, basis will keep you informed. Also,
needed, and I want to thank the Constitution and By-Laws please consider visiting the Capitol and committee meetings
Committee and others for their hard work on this project. to show GACP’s visibility and interest in bills that affect law
enforcement.
The GACP staff have been working hard to provide quality ser- >>CLICK HERE to learn
vices to our membership. Examples can be seen in the addi- Thank you for your continued support. more info about the
tional online training opportunities, improved quality of train-
ing conferences, increase in the number of certified agencies Stay Safe! Chief Executive Training
as well as development of the new DOJ Use of Force Certifica-
tion program, additional promotional and needs assessments,
Program
and improved the quarterly Georgia Police Chief online maga-
zine, just to name a few.
2021 will be a busy year as well. The Chief Executive Training
Course, aka “Chiefs’ School”, is being revamped. We hope
8 WINTER.2021 WINTER.2021 9
LEADERSHIP
officers are spread out on all In 2010, the International Mind.” To join the campaign,
CHIEF COUNSEL’S CORNER shifts and available for im-
mediate dispatch to possible
Association of Chiefs of Police
began to work on goals for
law enforcement agencies
must pledge to implement the
mental health crises. The addressing issues with the four practices over a 12- to
IMPROVEMENT OF POLICE program also contemplates mentally ill, and in 2015 issued 36-month time frame. The
RESPONSE TO PERSONS Richard A. Carothers
General Counsel
special training for call takers
and dispatchers to identify
a report entitled “Improving
Officer Response to Persons
IACP website indicates that
there are over 550 agencies
WITH MENTAL ILLNESS Carothers & Mitchell, LLC such calls and to obtain further With Mental Illness and Other working on or having complet-
information from the caller to Disabilities.” A major part of ed implementation of the One
forward to dispatched officers this effort resulted in the “One Mind program, some 45 of
In this year of 2020, all of us mental health illness treatment It is simply incorrect to assert which are in Georgia.
to assist in helping the person Mind” campaign. The stated
have been overwhelmed by a and certainly too few institu- that law enforcement has not
and controlling the situation. purpose of the campaign is to
multitude of social, political and tions that house and treat the responded to the acute need In addition to the CIT models
ensure successful interactions
health issues, taking turns to mentally ill. In fact, the largest for programs and training for and the training of law en-
Other programs evolved from between police officers and
dominate our individual lives as three providers of mental health responding to issues with per- forcement officers in mental
the Memphis CIT model to im- people with mental health dis-
well as the headlines. As usual, services in the United States are sons with mental illnesses until illness responses, there are
prove the response to mentally orders and/or developmental
law enforcement continues its New York City’s Rikers Island Jail, recently. Indeed, many police alternative emergency re-
ill persons. There are numer- disabilities in crisis situations.
role on the front lines of almost the Cook County Jail in Chica- departments in the United States sponse models being tried.
ous training and research stud- It promotes a training and
every societal issue and problem. go, and the Los Angeles County adopted training programs for Some police departments have
ies and programs which inform development program which
The definitions and responsibil- Jail. Assuming that a significant crisis intervention teams (CIT) employed or partnered with
law enforcement agencies requires the implementation of
ities of “Serve and Protect” are percentage of the population based upon a police-based first mental health professionals to
on responses to people with four basic strategies: to estab-
ever-increasing. As the bright have some form of mental illness responder program of pre-arrest work as co-responders, assist-
mental illnesses. Three such lish a defined and sustainable
light of the headlines and outcry (some have estimated 1 in 5), po- jail diversion for those in mental ing the police in responding to
representative publications are partnership with community
over the shootings and force-re- lice officers will inevitably come illness crisis. Such programs, incidents involving a person
“Crisis Intervention Team Core mental health organizations;
lated deaths of black men by in contact with such individuals using the “Memphis Model” for with a mental illness. Other
Element,” published by the the implementation of a mod-
police, other practices with law every day. It is therefore not crisis intervention, originated in cities rely on mental illness
University of Memphis School el policy addressing police
enforcement have received re- surprising that some 10% of 911 1987 as a result of a young black response models that do not
of Urban Affairs and Public response to persons affected
newed if not continued attention. calls involve persons with mental man with a history of mental involve police. In Eugene,
Policy in 2007; “Law Enforce- by mental illness; training and
illness, and that mental illness is illness being shot and killed in Oregon, two person teams
ment Responses to People certification of 100% of the
One of the most significant a factor in up to half of all police an encounter where when he consisting of a medic and a cri-
with Mental Illnesses: A Guide agency’s sworn officers and
of these is law enforcement’s shootings. This year brought refused to put down a knife. sis worker respond to 911 calls
to Research – Informed Policy selected non-sworn staff in
response to persons with mental increased public concerns with After serious protests, the City involving a mental health crisis
and Practice,” published by the mental health first aid; and
illness and/or developmental the police response to persons of Memphis, in coordination with prior to any police response.
Council of State Governments, provision of crisis intervention
disorders. We are all aware that who are mentally ill and public the National Alliance on Mental The program was successful in
Justice Center in 2009; and team training to a minimum
mental illness is a disease which and legislative outcry to improve Illness, the NAACP, law enforce- responding to 17% of the de-
“Police Response to People of 20% of the agency’s sworn
is often accompanied by home- the response. Many of the media ment, community mental health partment’s overall call volume
with Mental Illness, Intellectual officers and staff such as dis-
lessness, domestic violence, reports negatively focusing on professionals, and community in 2017 without police officer
Disabilities and Substance Use patchers.
drug and alcohol abuse, the in- police practices with regard to groups worked together to find involvement.
Disorders,” by the California
ability to control one’s behavior, the mentally ill are taking the a new approach. That combined
Commission on Peace Offi- The initiative focuses on unit-
and ultimately, to obey the law. position that this is an issue that effort led to the CIT program. Additional focused CIT training
cer Standards and Training in ing local communities, public
And as well, there is increasingly simply has been ignored by Under this approach, special- has been successful in jurisdic-
2016. safety organizations, and
limited availability of law enforcement agencies and ly-trained uniform patrol tions that have such programs.
mental health organizations so
officers. that the three become of “One
10 WINTER.2021 WINTER.2021 11
LEADERSHIP
But it cannot altogether prevent Finally the officer said that if he scene, kept a greater distance, assisting that person. The in this area to include courses health issues, developmental
tragic outcomes. The response refused the last request, they and never should have tried to main purpose of the Bill is for such as “mental health for first disabilities and substance
is far more complicated where would have to take him out of remove Oakes from the car. The the officers to be able to assist responders” (eight hours) and abuse services and expertise
the subject of the call is violent the car. After more verbal re- 11th Circuit Court of Appeals a mentally ill person to receive “crisis intervention training” that includes crisis and suicide
and/or in possession of a weap- quests to Oakes, Oakes reached characterized these arguments evaluation and care without (forty hours). intervention, de-escalation,
on. In one of our cases, Oakes v. between the seat and the con- and the expert’s opinions as having to arrest them and thus and needs assessment. The pi-
DeKalb County, (11th Circuit No. sole in the vehicle. The officers based on hindsight. “Our task creating a criminal record. Georgia police agencies con- lot program is funded through
11-10803, Oct. 2012) (D.C. Docket repeatedly shouted that Oakes is not to evaluate what the offi- tinue to work on improving the contract with the State and
No. 1:08-cv-01778-MHS), DeKalb needed to show his hands. cers could or should have done In fact, the Legislative Commit- encounters with people with BHL with limited expense to
County police officers responded Oakes told the officers that they in hindsight. The sole inquiry is tee of the Georgia Association mental illnesses including those cities and, addressing an
to a 911 call where Oakes was had better “unsnap” because whether the officers’ actions, as of Chiefs of Police at a recent partnering with mental health issue that sometimes arises,
in his automobile in a suburban he “ain’t going down this way.” taken, were objectively reason- Executive Board meeting rec- service provider advocates. law enforcement officers retain
shopping center parking lot and Subsequently Oakes jerked his able under all the circumstanc- ommended in its 2021 platform Within the last several months, supervision and control of any
was refusing to get out. The hand out and starting to move es.” Unfortunately, in the court of of legislative priorities a cat- the cities of Brookhaven and call or scene to which a joint
officers were told by Oakes’ girl- his arm across his body. Believ- public opinion and media scruti- egory of “Behavioral/Mental Johns Creek have entered into response is made.
friend Maxwell that he had ing Oakes was about to fire, one ny of law enforcement in mental Health Response” which sup- contracts with the Behavioral
been drinking for three days and of the officers fatally shot him. illness encounters, hindsight is ports legislation and expanded Health Link, which provides In a related development,
had threatened suicide. Maxwell Oakes did not have a gun in too often the lens through which treatment of and response to “Blended Mobile Crisis Re- President Trump signed in
showed the officer a gun case his hand, but a loaded gun was it is viewed. mentally ill persons. The rec- sponse Services” through its October 2020 a new law which
that she had removed from his found in the area where he had ommendation is to work with contract with the State of Geor- creates the “988” hotline for
car, but it was empty. Maxwell been reaching. In a subsequent Law enforcement agencies have the State to educate the Leg- gia’s Department of Behavioral mental health emergencies.
told the officers that Oakes likely lawsuit, the United States District also been proactive in seeking islature on the growing issues Health and Developmental While there is an existing
had the gun in his car. The offi- Court found that the officers’ state legislation to assist them associated with the mentally Disabilities. BHL and another National Suicide Prevention
cers repeatedly offered to take actions were objectively reason- in their response to these situa- ill and the increased burdens provider operate the Georgia lifeline, it is a normal 10-digit
Oakes to get help, and because able, that there was no constitu- tions for the benefit of both the placed on law enforcement to Crisis and Access Line, provid- number which is difficult to
of concerns over the weap- tional violation, and the officers mentally ill person and the police respond to the related issues, ing access to crisis services remember and use. Mental
on, he asked Oakes in a calm were protected by qualified officer. In the fall of 2019, well which include, homelessness, throughout the State on a health and suicide prevention
voice to leave the vehicle. They immunity. The Court concluded before the scrutiny and criticism substance abuse, dependen- 24/7 availability. However, the groups advocated for a simple
continued their requests to let that it was reasonable for the of- of law enforcement practices in cy, and unpredictable and contracts with Brookhaven and number which advocates hope
them search the vehicle and he ficer to fire on Oakes in defense 2020, then immediate GACP Past harmful behavior. It supports Johns Creek will provide for will be easily accepted and
continued to refuse, becoming of himself, his fellow officers President Wesley Walker wrote legislation, specifically House the deployment of mobile cri- easy to use. It is hoped that
agitated. After 15 minutes of this and the bystanders. On appeal, to State Representative Sharon Bill 760, “to allow law enforce- sis units and professional clini- this new hotline number may
dialog with Oakes, the officers the 11th Circuit Court of Appeals Cooper to recommend House ment officers to involuntarily cians specifically to respond to divert a number of 911 mental
called a supervisor to the scene. affirmed the District Court. Bill 760, which would allow po- transport persons, without calls for service involving men- health calls, and provide a
In the Oakes case, the officer did lice officers to take a person who making an arrest, to a med- tal illness or crisis intervention more clinical response and as-
Upon arrival, the supervisor then everything in accordance with presents a substantial risk of do- ical facility when they have in those cities in coordination sistance to the caller or person
began to ask Oakes if he had a crisis intervention techniques. ing harm to himself or herself or probable cause to believe with their police officers. Cli- about whom the call is made.
gun and requested that he sit up The plaintiff in this case, as well to others to a physician or emer- that individual is a threat to nicians will be located in those The new line and program are
so that the officers could see if as his expert witness, thought gency receiving facility and that themselves or others,” and cities and will be available at scheduled to be operational by
he was sitting on a gun. Oakes that the officers made numerous such officer to be immune from supports additional funding least 40 hours weekly to pro- July of 2022. >>
refused to respond or comply. mistakes and should have left the civil or criminal liability when for law enforcement training vide services regarding mental
12 WINTER.2021 WINTER.2021 13
LEADERSHIP
It can be effectively argued that what actually occurred within a 50 percent of those agencies
the overall law enforcement particular interaction with law have fewer than 10 officers and
response to mentally ill and enforcement and the mental- 75 percent have fewer than 25 Richard “Dick” Carothers is the General Counsel for the
developmentally challenged ly ill, it does reflect ongoing officers. In addition to the limit- Georgia Association of Chiefs of Police. A graduate of
persons has been significantly problems and the continuing ed budgets that smaller cities Emory University School of Law, he has practiced local
improving in the quality and need for training and addi- and counties have, such de- government law in Georgia for 40 years. He served as an
Between 2015 and 2018,
content of the programs and of tional programs. It is positive partments also have the prob-
the training available such as that in 2019, the University of lems not only of funding but im-
Assistant City Attorney for the City of Atlanta, as County it has been reported
Attorney for Gwinnett County, and has been City Attor-
with the CIT model. Law en-
forcement has also partnered
Memphis CIT Center reported
that there were 2,700 active
plementing significant amounts
of training and the necessary
ney for a number of cities over the years. He is a member that approximately
of the Georgia and Ohio Bar Associations.
with community health pro- CIT programs within the United personnel to have CIT-trained 1,000 people in the Unit-
viders, volunteer and contract States. However, it also noted officers available for each shift.
clinicians, street mental illness that this figure represented less Even larger departments with
Dick also serves as insurance defense counsel for
cities and counties including their officers and employees
ed States were fatally
“triage” operations, community than twenty percent of the total more resources have difficulty
group discussions, and in gen- number of police agencies. providing and implementing
throughout Georgia in state and federal courts. His firm shot each year by police
is currently defending cases representing numerous law
eral, the pursuit of more empa-
thetic and effective approaches
Again, there are numerous
variables as to how to evaluate
the training required to make
CIT successful. It is difficult to enforcement officers and first responders. He is admitted officers during that
to the mentally ill. However, such statistics, but one oft-not- locate needed state and feder- to practice in all Georgia appellate courts, the Northern
and Middle District federal courts, the 11th Circuit Court
time, and people with
as we previously addressed in ed element needed is that al funding for such programs.
this article, it has been report- addressed in House Bill 760, In fact, the Behavioral Health of Appeals, and in the United States Supreme Court. Dick mental illness were in-
ed that due to the almost total under which a police officer Link program discussed above has represented a Georgia city in a case and argued before
breakdown of mental health has the authority to take some- has quite limited funds to pro- the Supreme Court. volved in approximately
treatment and facilities, in
the United States the police
one into noncriminal custody
to convey them to a healthcare
vide dedicated programs.
Dick is the Past President of the Local Government
25% of those fatalities.
have become responders of facility and just as importantly, Two things are certain. The Section of the State Bar of Georgia and serves as a Special It also has been esti-
last resort, and the jails have that the receiving facility is responsibility for responding to Assistant Attorney General for the Georgia Department
become the mental hospital of a non-refusal, rapid drop off calls concerning persons with of Transportation. His firm, Carothers & Mitchell, is mated that a third of
last resort. Between 2015 and behavioral health center. mental illnesses most often located in Buford, Georgia.
2018, it has been reported that falls on law enforcement. 911 calls involve mental
approximately 1,000 people in
the United States were fatal-
I must conclude this discussion
with the mention of the pro- Notwithstanding the needs, it
illness.
ly shot each year by police verbial pachyderm in the local is rare for police respondents
officers during that time, and government room. There are to have resources to contin-
people with mental illness were almost always limited resourc- ue to expand the programs.
involved in approximately 25% es for the provision of local The other certainty is that the
of those fatalities. It also has government services, including continuous improvement of
been estimated that a third of important law enforcement law enforcement’s response to
911 calls involve mental illness. services. It was estimated that mentally ill persons is both a
at the end of 2015, there were goal and a necessity for police
While none of these statistics 18,000 police agencies in the agencies in this country and
is a meaningful indicator of United States. Approximately remains a significant challenge.
14 WINTER.2021 WINTER.2021 15
3 Social Service Programs are Funded by the Federal and State Governments,
5
not the Locals.
FIVE Reasons we support OUR The delivery of police services in the United States uses a decentralized approach. It is provided and
funded by local governments, not a strong centralized government. This service delivery strategy en-
Defunding the sures each community provides the services at the level required by local citizens. With exception of the
nation’s largest cities, the social services advocated to be improved by defunding the police are provid-
Police is Not ed and funded by the State and Federal governments. Nationally, about 4% of state and local funds are
spent on local law enforcement. This equates “to about $30 per month per capita.” The amount spent
for police services is less than one-tenth of the funding for ‘public welfare benefits’ and re-distributional
Realistic social services including mental health, education, and other social programs. Perhaps calls for change
should be focused on these organizations providing more streamlined, recipient-focused strategies.
4
In recent months, protesters have called for a utopian concept that has no basis in reality
Poor, If police agencies are defunded, the impact will be most evident in poor
- defunding and abolishing the police. This kind of extreme rhetoric is a common approach and disadvantaged communities. There will be fewer officers available for
Disadvantaged,
used by radical groups to draw attention to their organization and push their agenda. services and less resources to investigate serious offenses. There will be
and Marginalized
It leads one to ask, why would someone want to eliminate the police? How would the Communities increases in actual incidents and fear of crime. Meanwhile, wealthier cit-
absence of police protecting their communities help its citizens? Police officers are em- Will be Impacted izens, neighborhoods, and communities have more resources to provide
powered with enormous authority under our Constitution and laws. They should be held the Most security systems, technology, and private personnel to ensure they have
accountable to ensure they use this authority in a responsible manner. However, it is im- safe environments to live, work, and play.
portant to note, advocates for ‘defunding the police’ have based their argument on a faulty
premise which logically leads to a faulty conclusion. Here are just a few reasons why.
5 The Majority of Americans Oppose Defunding Efforts
While the media and activists seeking radical change would lead some to believe there is
1 2
massive support to defund and abolish the police, the facts demonstrate otherwise. Surveys
Police Use of Force is Most Problems Police Face are the repeatedly find the public support the police and oppose reducing funding of their opera-
Extremely Rare Result of Other Organizations’ Failures tions. While a GALLUP poll found that 67% of persons survey reported they wanted the “police
presence to remain the same” and “a majority (61%) of black Americans voiced support for the
Facts matter! Despite what protesters Police departments are the only public or private police.” This same poll reported that 81% of blacks who did not feel they had not been treated
would lead persons to believe, officers organization an individual can call at any time of the respectfully by an officer wanted the police in their neighborhood “as much or more often”. True,
very rarely use any type of force. When day and within a few minutes more than $200,000 some police officers have acted criminally and failed to uphold their constitutional responsibil-
they do, it is in response to the aggression in personnel and equipment will arrive at their lo- ities. Police leaders and associations across the United States have publicly denounced these
applied to them by criminals. In most of cation to help. The overwhelming majority of calls individuals’ and their behavior. Police organizations are not opposed to continuous self-improve-
these cases the officer is trying to arrest police officers respond to are not criminally related. ment. This is a critical component for any professional organization. But the effort to improve
the individual or the person is under the in- should not be confused with the efforts to reform that some advocates are pushing. The profes-
fluence of drugs or alcohol. Research from Unfortunately, many of the issues that officers are sional standards for police agencies are well-established and exceed the demands protestors ad-
the International Association of Chiefs of forced to address are caused by the rampant failure vocate. However, police leaders can only achieve the progress their communities and its leaders
Police revealed, officers do not use any of other organizations. These include mental health are willing to support. It is incumbent on local leaders to provide their police departments with
type of force in 99.9639% percent of their services, social services, education, medical services the resources to meet these standards. This includes the finances and other means of support to
encounters with the public. When force is and housing. The on-going failures of these organi- recruit and retain the quality of staff needed to perform to these standards. As part of this, it is
employed, officers typically use physical zations have a compounding effect on individuals also critical local leaders provide a safe environment for officers to work and the confidence to
restraints and less-lethal techniques. All and communities. In fact, it is the police who often know that if they act appropriately, they will be supported. Conversely, those who do not perform
this could be avoided if individuals simply the strongest advocates for these programs. Despite as expected should be held accountable. Failure of leaders to provide these resources and sup-
followed lawful directives and not become the public’s on-going calls for change and improved port will inevitably lead to agencies not performing in a manner the public expects.
aggressive toward or resist the officers. service delivery, these organizations have maintained 1 International Association of Chiefs of Police, Police Use of Force in America, https://www.theiacp.org/sites/default/files/2018-08/2001useofforce.pdf, Accessed 12/2/2020.
a bureaucratic model that protects their adminis- 2 Girard Miller, The Misunderstood Math of Defunding the Police, Governing Magazine, October 27, 2020, https://www.governing.com/finance/The-Misunderstood-Math-of-Defunding-the-Police.html , Accessed November 28, 2020.
3 Jacqueline B. Helfgott, The Movement to Defund the Police is Wrong, and Here’s Why, Seattle Times, June 9, 2020, https://www.seattletimes.com/opinion/the-movement-to-defund-the-police-is-wrong-and-heres-why/ , Accessed: November 28, 2020.
tration and restricts delivery of direct services to a 4 Pew Research Center, Majority of Public Favors Giving Civilians the Power to Sue Police Officers for Misconduct, July 9, 2020,
https://www.pewresearch.org/politics/2020/07/09/majority-of-public-favors-giving-civilians-the-power-to-sue-police-officers-for-misconduct/ Accessed: December 2, 2020.
Monday – Friday, 9:00 – 5:00 schedule. 5 ABC News/Ipsos Poll, June 10 – 11, 2020, https://www.ipsos.com/en-us/news-polls/abc-coronavirus-poll-wave-12 Accessed: December 12, 2020.
16 WINTER.2021
6 Lydia Saad, “Black Americans Want Police to Retain Presence”, Gallup, August 5, 2020, https://news.gallup.com/poll/316571/black-americans-police-retain-local-presence.aspx
Accessed: 12/2/2020 WINTER.2021 17
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18 WINTER.2021 WINTER.2021 19Comprehensive By Dr. Robert R. Friedmann
Founding Director, Georgia International Law
Police Reform? Enforcement Exchange (GILEE)
Professor Emeritus of Criminal Justice
More Than Policing!1 Andrew Young School of Policy Studies,
Georgia State University
Recent anti-police protests have brought to Policing is likely the most misunderstood profes-
the forefront calls and demands for changes in sion by service recipients and service providers
policing. Some demand abolishing the police, alike. Any social service, such as health and
defunding the police, redirecting its budget to education, is measured based on the service
social services, eliminating over-policing, or provided -- not the problem that calls for the
going “beyond policing.” Others demand chang- service. Police are measured on crime figures
ing “police culture,” improving training, and -- not on the service provided in connection with
instituting better supervision. Lists of demands crime. Police are also (still) assessed based on
have been posted on the web, submitted as the number of tickets and arrests. Yet, police
petitions, circulated among a coalition of ad- are only custodians of crime statistics -- not the not on the epidemiology of a dis-
hoc groups, and appeared on signs carried in producers of crime. It is important to clarify the ease (i.e., viral infections, cardio-
numerous protests around the country. These role of policing and the implications it has for vascular disease). While medical
demands originate from a mixture of anger, a meaningful comprehensive police reform, or service at the ER is essential, it
sense of vulnerability, accumulation of grievanc- better say: reform government social services. will do little to impact the epide-
es, egregious and repeated police brutality, and miology of a disease; that must be
emotions that are supported by large segments A very apt description of the role of police in done at the community level. It is
of the community and have become an integral democratic society is to guarantee freedom of the community’s behavior that will
part of a growing social movement. movement of people and merchandise (Alder- impact the flow of individual cases
son, 1979). The 180 years of the modern policing to the ER. The wider the epidemi-
Yet, these terms lack a definition, an operational movement have seen several distinct phases: ology of a disease, the larger the
meaning and a cogent measurable approach, political phase (1840-1930), reform phase (1930- number of incidents that will re-
that clearly outlines what the problem is, what 1970), community oriented or problems solving quire hospital (ER) treatment. It is
the solution intends to achieve, how will it do so, phase (1970 and on), community policing phase not different for crime. Police can
and how will it be measured. There is also a lack (1985 and on), homeland security phase (2001 arrest criminals, but the impact on
of consistency in the demands: does defunding and on) and the current phase is the one at a the overall number of crimes com-
mean abolishing police departments, fully shut- crossroads of demands for new police reform mitted lies within the community; I offered it in my 1992 book:
ting them down? That demand is out there. Does (2020). its magnitude or scope will deter-
it mean redirection of budgets? On June 30th, mine the case load for police. Community policing is a comprehensive philosophy that
New York’s Mayor announced a $1 billion reduc- It is important to look at crime not only as a legal guides \ policy and strategy aimed at achieving more effective
tion in NYPD’s budget comprised of savings and concept but also as a behavioral concept. The This was understood by police and efficient crime control, reduced fear of crime, improved
shifting responsibilities to other agencies. On latter can lead to a better understanding of why leaders who in the mid-1980s quality of life, and improved police services and police legiti-
July 1st, the Los Angeles City Council slashed crimes are committed. To illustrate: if all criminal recommended to stop the revolv- macy through a proactive reliance on community resources that
$150 million from LAPD’s budget. Two thirds of laws are abolished there will be no crime. Yet, ing door of criminality by promot- seeks to change crime causing conditions. This assumes a need
NYPD’s cut are overtime reduction and moving there will still be behavior that is considered ing community policing. Until the for greater accountability of police, elected community leaders,
school policing to the Department of Education. harmful to society. Part I crimes certainly are early 1990s there were sets of and the community in general, along with greater public share
It is safe to maintain that such a significant cut meant to address such behavior. Therefore, it guidelines as to what community in decision-making through the identification of service needs
into overtime will also cut into NYPD’s capability is necessary to look at the community as the policing was supposed to offer and priorities and a greater concern for civil rights and liberties
to provide adequate police services. producer of crime and as the controller of crime. (Alderson – 1979; Trojanowicz and (Friedmann 1992).
Doctors in hospitals are assessed on the quality Bucqueroux – 1990) but there was
of the medical service they provide -- no definition.
20 WINTER.2021 1This is an expanded version of the op ed “Build meaningful Police Reform: To do so involves looking
to a wide range of social service,” published in the Atlanta Journal-Constitution, August 7, 2020. WINTER.2021 21Comprehensive Police Reform? More Than Policing!
(continued)
That definition was adopted (with minor modifica- infrastructure, parks and recreation, voluntary ties better and gain public trust. They also need to police reform that aims at more than reforming the
tion) by the IACP in 2019: associations, and the private sector. Local gov- better understand the community they serve. For police. The goal should be a reform of the entire
ernment services have as much to do with the example, what is there to know about the com- range of social services to result in improving the
Community policing is a comprehensive production of crime as the police and typically they munity beyond crime numbers? Things like demo- lives of individuals and communities. This reform
philosophy that guides policy and strategy are absent from any press conference on crime. graphic characteristics, voluntary associations, should rely on community input that takes into
aimed at achieving more effective and efficient Therefore, it behooves local government to offer economic changes, in-out migration, school drop- account needs, expectations, experience, iden-
crime control, reduced fear of crime, improved a comprehensive approach to crime issues and out, citizens’ expectations, working with private tification of problems and a genuine seat at the
quality of life, and improved police services not leave it to police alone (Friedmann 2015). This security, and how to identify civic force multipliers planning effort.
and police legitimacy through a proactive re- is not meant to marginalize police. Rather it is (Friedmann, 2017).
liance on community resources that seeks to meant to bring the other service agencies to play The road does not end there as it is also important
change crime causing conditions. This assumes a role alongside the police. If a community wants Initiatives for police reform are not new and the to consider the prospects of unintended conse-
a need for greater accountability of police, to minimize police case load it needs to produce best ones came from within police circles, not from quences. This is a very demanding challenge that
elected community leaders, and the community less crime. And that is why it is so important to politicians. This is certainly an opportunity for po- requires painstaking perseverance, long-term
in general, along with greater public share in involve all other service providers to take part in lice reform but one that emphasizes trust-building commitment and buy-in from all involved. It will
decision-making through the identification of this effort. and partnerships, moving away from silo-type dis- not yield the desired results in the very immediate
service needs and priorities and a greater con- connected services, and is based on an overall ap- future, but it is a road worth taking as it is most
cern for civil rights and liberties (IACP 2019). proach that has a departure point of service to the likely to achieve the desired results.
community -- not of penalizing police. Hence any
There are three explicit principles evident in com- funding of any effort by local government must be Once on that road, consider that in addition to buy-
munity policing: it is comprehensive, it encourages guided by a comprehensive data-driven approach in, it is imperative to invest in nurturing relations,
partnerships, and it is proactive (in addition to, not that is formulated into clear policy and consistent maintaining relations, and understanding organi-
instead of, reactive policing). A fourth is the focus overall strategies to include all municipal services, zational and community dynamics. Chiefs, officers,
on crime causing conditions. But when it comes to not only police. That is what should determine the mayors, city managers, city council members,
crime production, perhaps the most critical prin- funding level of police (and other services). community leaders, and social service personnel
ciple is the shift from a society that is police-cen- change. Conditions in the community change,
tered, to a society that is service-centered. Any discussion of funding should also consider economies change, and political realities change.
raising the salaries of police officers who are dis- If we want this comprehensive reform to succeed,
Therefore, any police reform needs to consider proportionately paid for what is expected of them, it is necessary to also maintain commitment to
a far wider reform. Any industry and any service for what they do, and the risk they take. It is im- long-term program continuity.
need a measure of quality control. The quality of portant to recognize that there are serious crimes
police services has been typically assessed by and that the police are the social agents – public John C. Alderson (1979). Policing Freedom: A Commentary on the
crime statistics, arrests and tickets. Crime goes servants -- who are uniquely qualified and trained Dilemmas of Policing in Western Democracies, Macdonald and Evans.
down? Police are doing a great job. Crime goes to deal with such perpetrators. No other services Robert R. Friedmann (1992). Community Policing: Comparative
Perspectives and Prospects, Palgrave Macmillan.
up? Police are criticized. This is an erroneous ap- are prepared to deal with this segment of society,
proach because it focuses on the wrong diagnosis and it wouldn’t be safe to expect them to do so on Robert R. Friedmann, “Broken Windows and Policing,”
The Police Chief 82 (October 2015): 60–65.
and it misplaces causal relationships. To change their own. Robert R. Friedmann (2017). “How can we better protect crowds
this, there are certainly things police must do from terrorism?” The Conversation, June 1.
internally. For example, recruit officers who fit ex- It is a historical time that requires shifting from International Association of Chiefs of Police (2019). Crime Preven-
pectations, deploy personnel based on data, and sloganeering to rational, careful, thoughtful, tion, Domestic Security and Quality of Life: Definition and Significant
Value of Community Policing, Community Policing Committee Reso-
promote department-wide practice of community grounded policy formulation that is data driven. lution co-sponsored by 15 IACP committees.
Here police are on the periphery of service pro- policing including de-escalation techniques. Exter- It is imperative to understand what the problem Robert Trojanowicz and Bonnie Bucqueroux (1990). Community
vision along with other service providers such as nally, police need to work better with other social is, as that will determine the policy of how to best Policing: A Contemporary Perspective, Anderson Publishing Co.
health, education, housing, job training, welfare, service agencies, learn how to coordinate activi- address it. This is an opportunity for meaningful
22 WINTER.2021 WINTER.2021 2324 WINTER.2021 WINTER.2021 25
Bigger
is not Better,
Smaller Agencies Setting Better
the Example for Excellence is Better
All police agencies, regardless of In November 2020, the U. S. Department of Justice established focus on outcomes and culminates with a change in their identity, the leaders and their staff must
their size, perform the same tasks. minimum policy requirements for agencies to apply for discre- alternative is to begin with an identity-based approach. While it may focus on who they are as
The only difference is frequency and tionary grants. Once initiated, these processes tend to expand seem insignificant, focusing on the identity of the person, and in this individuals and as a collective
availability of resources. Any officer exponentially. In the next year, police leaders are also likely to case an organization, has a huge impact on the increased likelihood group - professional.
deciding to make an arrest, engage see renewed use of federal consent orders by the U. S. Depart- of successfully implementing new habits. Clear uses the analogy of
in a pursuit, or respond to aggres- ment of Justice for identified patterns and practices of unlawful a person seeking to lose weight. The person with the outcome-based Heads of agencies argue they
sion by an offender is held to the behaviors. approach will set a goal and implement processes. However, they cannot achieve the standard
same legal and constitutional stan- never change their self-perception, so they often fail to meet their of excellence identified the
dards of performance and expected Agencies that do not take a proactive approach to managing goal. Whereas, a person who views themselves as being slim and fit Georgia Law Enforcement
to act accordingly. For years, at- their operations in accordance with established standards may will more likely change their exercise and eating habits to comply with Certification Program because
tention was focused on mitigating soon find increased restrictions being forced upon them. What their self-image to achieve and maintain the desired self-image. of size, costs, and/or time.
lawsuits resulting from officers’ may be worse are severe limitations on professionally operated While lack of participation in
inappropriate behavior. organizations because other agencies are not performing to the program is not limited to
standards. These externally imposed requirements will likely small agencies, this group
Recently, agencies and their leaders not consider the individual community’s interests, conditions is the least represented in
are experiencing challenges in other or needs. They most definitely will not consider the interests of the total number of certified
ways including increased public its officers, appointed and elected leaders, or the citizens they agencies. Too often it is
criticism through social media, 1st serve. assumed simply because an
Amendment audits, administrative agency is larger or located
oversight from state agencies for The processes to ensure performance is done in a consistent close to a metropolitan area,
complaints (i.e. speed enforcement manner have been established for years. These include up-to- they are naturally better, have
requirements), and public protests. date operational procedures, training, on-going supervisory more resources, and time.
Some agencies may begin to ex- review (appropriately supporting or correcting as needed), and Unfortunately, that is not the
perience increased challenges in documentation. The Georgia Law Enforcement Certification The same is true for agencies seeking to achieve certification. When case. Bigger is not better,
criminal prosecutions for poor or Program has codified these expectations. departments seeking certification simply want to display a plaque on better is better.
inconsistent operations. In many the wall to demonstrate they have arrived as a professional organi-
cases, agencies may be unaware In his best-selling book Atomic Habits, author James Clear zation they will have much more difficulty obtaining, and definitely So why would an agency
of how many cases are not being describes the best approach for individuals seeking to improve maintaining, certification. On the other hand, agency heads who see head from a smaller com-
prosecuted because officers failed their daily habits. Clear illustrates the three layers of behavioral themselves and their agencies as being professional will more likely munity want to certify their
to properly follow establish proce- change. The first layer is outcomes (what you get), followed by complete the processes required to obtain certification, which is a department? The Adel Police
dures or document their actions. processes (what you do), and identity (what you believe). While true representation of what they are - a professional organization. Department has 23 officers
some utilize an outcome-based approach that begins with a Therefore, in the first step to effectively achieve this milestone, police and has been certified since
26 WINTER.2021 WINTER.2021 27Smaller Agencies Setting the Example for Excellence
2011. Chief Chad Castleberry responded, “Two department 1 ½ years to develop and implement the department, each of the chiefs agreed it did Once you get going it is not bad, but you have to
reasons. When I was hired in 2006, I came from a the policy and another 1 ½ years to build the files not. In fact, it helps them. Chief Castleberry from stay on top of it and not get behind.”
state certified and CALEA accredited agency. I had demonstrating compliance. Adel said “No. It only makes it easier. We live and
seen the benefits of the program. Second, the city die by policy and procedure.” Similarly, Chief Esco Pine Mountain’s Chief Ferrone said, “I don’t see
manager was familiar with the program and was Once certified, agencies must demonstrate they responded, “No it does not. We have a hiring pro- why they would not consider it. We need to put
very supportive of us implementing the process”. continue to follow the establish standards every cess we follow. It is good because we go through everyone on consistent playing field. The public
Similarly, with 15 officers, Montezuma Police Chief three years. So how hard is it for an agency to the requirements of state certification, and it helps expects us to act consistently. We have one person
Eric Finch obtained certification in 2004. He said follow the certification requirements? Several to weed out bad people. Chief Ferrone said “It who is the certification manager and responsible
as a new chief “I wanted to know the rules. The chiefs noted participating in state certification can actually streamlines everything. Everyone knows for ensuring everything is in place. You have to
certification standards directed me as a chief the be time consuming. Chief Castleberry advised for what they are supposed to do. If they don’t know, want to do it right, you have to stay on top of it,
right ways to do stuff. When I am asked by a coun- chiefs to not procrastinate, “You have to stay on they have a rock-hard policy to help them.” Chief and you have to have one person assigned to
cil member why do something, I can explain why.” top of it.” Chief Brinkley said, “I think it is easy. You Finch said “It guides me when making decisions. manage it. A lot of the problems that agencies run
With 11 officers, Pine Mountain is currently the have to pay attention to deadlines.” Chief Ferrone I know the standards help me to make good deci- into will be minimized. Chiefs get complacent and
smallest state certified agency in the State. Chief said Pine Mountain is a smaller community so sions”. Chief Brinkley probably summed it up best don’t want to do the work or don’t know how to do
Daniel Ferrone explained he became involved in “We don’t have a lot of the big city problems with when he said, “If you are willing to be open, no.” it. It is better for us and our community. But it takes
the certification program because “It sets us up administrative and patrol duties. Everything is low When asked what they would tell fellow police a commitment.”
to a higher standard and we wanted to be more key with our workload, so it does not make it un- chiefs interested in becoming involved with the
professional. As a new chief, I had issues with manageable.” He added “You have to want to do it certification program, each was very positive. Chief Brinkley warned, “The environment we are
the department’s policy manual. So, as we did a right and stay on top of it.” Chief Finch reported it Chief Castleberry responded, “I strongly encour- working in will never be the same. Officers are
whole new policy, I knew that certification would is not difficult, but recommended chiefs from small age every agency to do this. State certification is going to be questioned. Agencies need the pro-
guide that process.” agencies go through the certification manager’s based on best practices. Why would you not want cesses in place to ensure they act appropriately. It
course, so they know what has to be recorded in to do this? It is another level of protection for the is not just the police department that benefit from
Many tend to focus on the difficulties and obsta- the files. When he sees information that needs to department and its officers. It helps me sleep a the program but the city, mayor, and council all
cles obtaining certification. State certification does be included in the files, he sends it to the manager. little better.” benefit”
not dictate how an agency accomplishes a stan- While some tend to focus on obstacles, what are
dard’s requirements, just what. Chief Eric Finch the benefits of participating in the program be- Chief Esco said, “It takes time to implement. You Montezuma’s Chief, Eric Finch suggested, “Get
said, “At the time we could not buy some of the sides being able to claim the agency is state certi- have to get the right person as the state certifi- Involved. It is very important for a chief to know
required stuff, such as evidence lockers. So, we fied? Chief Castleberry said, “First it is accountabil- cation manager. They have to go to the Georgia the rules, especially when dealing with high
had to make them. We got some school lockers to ity. Just a sense of accomplishment. I brought the Police Accreditation Committee (GPAC) meetings. liability issues.”
serve as our temporary evidence lockers.” Chief staff on board with the program very early and got
Chad Castleberry said one of the big issues for their buy-in. So, as we moved through it, every-
his agency was for officers to develop the right one was excited about the program and working
mindset to properly document their actions. Social together. Second was the savings on the insurance
Circle Chief Willie Brinkley, who leads an agency premiums.” Similarly, Chief Ferrone reported, “It’s
with 19 officers, agreed “Getting officers to for- the way the public sees them, accountability of the
ward information to the certification manager was officers, and the discounts with insurance premi-
difficult.” Braselton Police Chief Terry Esco (19 offi- ums.” Chief Brinkley added, “It is how the agency
cers) also said “It takes a little while to get every- is viewed. The positive overall development the
one on board. The hardest thing was getting them agency because we are complying with high stan-
to do the reports. But now you can get software to dards. We are transparent in how we do it.”
ensure it is done right.” Chief Daniel Ferrone said When asked if participating in the program inter-
his department was certified in 2019. It took the feres with their decision-making or ability to run
28 WINTER.2021 WINTER.2021 29You can also read
