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07/12/2021 - Minutes �1 Y� Public Safety Advisory Board Meeting#14 July 12, 2021—5:00 pm-7:00 pm Meeting Minutes 5:00-5:10 Welcome, Centering Exercise, Roll Call Meeting called to order at 5 p.m. Chair Trinh welcomed the Board and thanked Vice Chair Sasaki for facilitating the previous meeting. Trinh began with the Purpose of the Meeting and a Centering Exercise. Facilitator Kim called on to do Roll Call Absent: Judge O'Brien —Judge Oberdorfer attending in place Abdi Mohamoud Justin Low Trinh thanked Marshall for roll call. Proceeded to Public Comment. 5:10-5:25 Public Comment Tonight, no community members have joined us to speak. Public comments are vital to the Board's mission and we welcome community feedback on our work. If you have comments for the Board written testimony must be submitted by 4:30 p.m.the day of the scheduled meeting. If you would like to speak at our meeting, please email our staff at eduardor@tigard-or.gov.Additional details and instructions are available at www.tigard-or.gov/psab. 5:25-5:35 Tigard Police Chief Kathy McAlpine's Update including Legislative Summary Commander McDonald and Chief McAlpine reviewed the recommendations from the previous meeting. They have not been able to discuss with City Attorney Shelby Rihala on issues such as public disclosure. Chief McAlpine is looking forward to more discussion and bringing back updates. 41 Y� 1 Sasaki: Were we supposed to hear a legislative update? Marshall: The Board requested a joint update with Chief and Rep. Grayber. The City team is still coordinating with Board Member Low on a date for Rep. Grayber to attend. 5:35-5:45 Body Worn Camera Policy Recommendations Brown: Did the department consider Pistol Grip Cameras—attached to a pistol? Chief McAlpine: Sergeant Erickson can give more details. Erickson: Taser Camera would be the closest product to the one you referenced. However, the technology has not kept up. The video is low quality and do not come in the model we use. We are not familiar with pistol grip cameras. Brown: I will search for the reference and send it to Eduardo Ramos, Management Analyst. Rauda: Data sharing between agencies as it relates to immigrant rights/immigration. Sasaki: We had some discussion. The sanctuary laws apply in this context. We have statewide laws on this issue. Marshall: I see Rihala and McDonald agreeing. Commander McDonald: State of Oregon agencies cannot assist federal agencies in searching for undocumented folks. The law is specific. I will look for that policy. I am confident saying it would fall under that. Sasaki: House Bill 265– Rep Grayber could provide more insight on this issue. She was involved in the bill. 5:45-6:20 Introduction to Tigard Police Officer Use of Force Training and Guidelines Sergeants Monty Fox and Leigh Erickson introduced by Commander McDonald. Graham V. Connor - Nov. 1984 - Graham suffers a blood sugar episode while at home and asks friend to drive him to a store for orange juice. �1 Y� At a store, Graham noticed that the line was too long and requested to go to a friend's house to get help. Officer Connor perceived the behavior as suspicious and proceeded to arrest Graham. Officer Connor received a report that no crime had occurred. Graham suffered lasting harm due to the interaction with the Police. Graham needed to show that police acted in "malicious and sadistic" manner Supreme Court concluded that there is no requirement to show the officers acted maliciously and sadistically" for the very purpose of causing harm. Supreme Court decided that Fourth Amendment's "objective reasonableness" standard is the proper analysis. Decided May 1989 As long as "reasonableness" of use of force is adequate for the particular circumstance, it is within the law. Split second decisions have to be made by Police under stress. Decisions have to be made in the best manner possible. Mott: How does the calculus for split second decisions match up with training? Sergeant Erickson: Sergeant Fox will cover that. Use of Force Policy - Tigard Police should only use force they deem "reasonable" in a particular situation. - We cannot operate based on the hindsight. - Deadly Force Application - An officer may use deadly force when imminent danger exists. - Fleeing subject when officer has probable cause to believe that the person has committed or intends to commit, a felony involving the infliction of or threatened infliction of serious bodily injury or death. ORS 161.235 Use of Physical Force in Making an Arrest or in Preventing an Escape A peace officer is justified in using physical force upon another person only when and the extent that the peace officer reasonably believed it necessary to: Make an arrest or to prevent escape Self- defense or to defend a third person from what the peace officer reasonably believes to be the use of imminent use of physical force. Sasaki: In the example you used about a person with a knife charging a crowd, how do you train to avoid hurting someone else/bystander? �1 TPD has extensive training on use of firearms. In the real world, we try to have the same discipline. Newton: I think my question will be answered later in the presentation. Jarmer: What does custody mean for TPD? TPD defines custody when they ask a person to wait for them as they handle a situation. Imminent physical danger and death can be identified in a variety of situations from driving a car to run people over or banging someone's head while they are unconscious. Graham Factors - What is the severity of the crime? - Can we legally be here (standing)? - Is the crime inherently violent? - Is this a felony or misdemeanor? - Does the suspect pose an immediate threat to the safety of officers or others? - Intent - Ability or means - Opportunity - Is the suspect actively resisting arrest? - Yes or no? - If yes, how much resistance is occurring? Sliding scale - Is the suspect attempting to evade arrest by flight? - Yes or no? If yes, consider severity of crime and immediate threat to determine. - Are the circumstances tense, uncertain, and rapidly evolving? - Yes or no? If yes, consider severity of crime, immediate threat, actively resisting or evading by flight to determine the appropriate force response Sasaki: How do you factor in a mental health crisis? TPD: Immediacy of the threat is where that falls. If it is someone in crisis, we analyze the situation. If they are not threatening to harm others, we leave them alone. We are not going to precipitate use of force if no one is in the way. �1 Y� Trinh: At what point are officers prepared to use force during a protest? TPD: When people are not focused on grievances and turning to criminal action. Newton: I loved the ride along. When I went, we responded to a domestic violence call. There was a mental health crisis and one person was in danger. Officers have to assess the situation. How does that work? TPD: There's no clear lines. Police works within the parameters. We are continuing to factor in this response. We will take someone to jail if there is probable cause. Force Responses are a balancing act of the need for a government intrusion (seizure of a person) against the reasonably foreseeable risks (injury) created by the tactics, techniques, or tools we are using to achieve a lawful (arrest, detain, threat reduction) objective. Police Legitimacy Three level of justification US Constitution, Fourth Amendment Oregon Constitution, Article I, Section 9; ORS; Dept. Policy Public perception or expectation Each level is progressively harder to obtain Sasaki: Where do you think the biggest gaps are between law and public opinion? TPD: Media portrayals create unrealistic expectations in our everyday duties. Sasaki: Should the public know about something specific? TPD: Public should know that we do not fight with people every day. That is why these forums are so important to educate the public. McDonald: In Tigard, we used force 47 times total which equals. .13% of calls in Tigard.This includes smaller interaction where someone was guided into a position they did not want to be in. Police give a warning and opportunity to comply if feasible. Duty to Intercede TPD Policy 300.2.1 Policy on interceding when use of force is clearly out of reasonable expectation. �1 Y� There are few situations that require us to respond expediently and before we have sufficient resources immediately available to us. De-Escalation This is a goal or result, not a set of tactics or techniques We slow interaction down. If we can use time distance environment, containment, etc. to our advantage and control a situation. We can now work towards engagement. 95 percent of the job is talking to people. We deescalate by talking to people. Brown: Do we have data on Duty to Intercede?... The information tonight is excellent. The general public does not have many opportunities to hear this stuff. I am thinking the department can do a police 101 quarterly session. The more people can understand police operations the better. TPD: We have a citizen's academy where people learn about the department. We also hosted an open house to show the community what we do. We can look at doing more in the future as we get out of the pandemic. We are not aware of data on Duty to Intercede. McDonald: I can't remember a situation where a TPD officer had to intercede in another police interaction. A five year TPD officer was confused how the killing of George Floyd happened when other officers could have intervened. That demonstrated the culture in Tigard. TRAINING Firearms Federal Standards–Training must include: Target ID, Moving target, Discretionary, Low Light Shooting State Standards—Pass all academy training, 8 hours firearms/use of force training per year Tigard PD standards– Pass all dept. training, qualify once per year (rifle), qualify twice per year (handgun). Rifle training needs extra planning. The adequate range in over an hour away. That's why re-certification happens only once a year for rifle. Marshall: Do we want to prepare to switch to Public Outreach? We have five minutes. Sasaki: I would hate to disrupt the presentation. Let's continue. Unanimous support to continue and table Public Outreach Check-In. �1 Defensive Tactics Defensive tactics are those skills that are primarily focused on using hands, arms, legs and feet to try to physical control someone who is resisting arrest or trying to harm someone. Landers: Is it mandatory to double lock cuffs? TPD: Yes. McDonald: A majority of use of force falls under defensive tactics. Sasaki: Does your training give options for smaller sized officers? TPD: We provide options and a variety of training to police safely. McDonald: An officer less than 5' (feet) would be authorized to use more force versus one that is 67'. There is legal precedent. We train our officers to try to avoid situations where they would ultimately need to use additional force (i.e. call for backup). Police Vehicle Operations (driving) In this training, it is a lot about decision making. What is the need versus the risk? When the risks are too high for pursuit, we back off. Training is also about general use. What is the need for government seizure? Force on Force Designed to incorporate all individual skills developed in the other disciplines to evaluate an officer decision making ability under stress in realistic scenario based training. Mott: Is there training in negotiating? TPD: There isn't specific training. Everything is very situational. New officers learn from experienced officers. Officers learn over years on the job. De-escalation is about using the least amount of force, but may still include some use of force. Chief McAlpine: We have additional de-escalation training funded by the 2020 Police Levy. There are various scenarios covered. McDonald: Most arrests go on without use of force. I will get data on it. We will have additional details on training (more specific). 6:20-6:40 Public Outreach Check-In TIGARD TABLED— Postponed to the next meeting. 6:40-6:55 Opportunity to Discuss Current Events and How They Impact the Tigard Community Trinh opened discussion time for the members. Brown: On July 1, 1 was walking a dog at Cook Park. I caught two people breaking into my car. I screamed. Two officers responded. I had video and photos. The officers demonstrated a lot of professionalism and good training. Officer Orozco gets a special acknowledgement. Brown: Spoke about the event in Fairview where two members of congress from outside of Oregon went to speak about policing and funding in Portland/Oregon. Chief McAlpine: Officer Orozco is only in his second phase. I am happy to hear the praise. His position is funded by the 2020 Police Levy. Nunn: Attended the meeting. Portland was one of many stops. Information was left out. 6:55-7:00 Wrap Up and Next Steps Summarized outstanding items. Call for motion to adjourn. Sasaki motion. Brown seconded. (motion and second) Any further discussion or opposition? Hearing none, meeting adjourned.