08/23/2021 - Minutes TIGARD
Public Safety Advisory Board Meeting #17
August 23, 2021 — 5:00 pm-7:00 pm
Minutes
5:00-5:10 Welcome, Centering Exercise, Roll Call
Reminder that the meeting is being recorded.
Meeting called to order at 5:03 p.m.
Centering and breathing exercise.
Facilitator Tammy called on to do roll.
Absent:
- Jamey McDonald
- Emilio Calderon
5:10-5:25 Public Comment
One written comment was submitted. No requests to speak.
Comments can be submitted at www.tigard-or.gov/psab or emailed to Eduardo Ramos,
Management Analyst, at eduardor@tigard-or.gov
5:25-5:40 Chief's Update with Chief McAlpine
Camera will be off for better connection.
Stefanie and Kelsey are designing what the Citizen Academy will look like.
Hoping the PSAB will have a section in the reboot of the program.
5:40-6:00 Qualified Immunity with Dave Lewis
Board member Low requested that public comment submitted be read aloud.
Board member Lofgren read the public comment on qualified immunity submitted for tonight's
meeting.Text below:
Qualified Immunity is one of the biggest legal barriers when it comes to holistic police reform which
goes hand in hand with racial justice. Qualified Immunity is essentially a legal loophole designed to
create an atmosphere of zero accountability when it comes to policing. The lack of consequences is a
huge barrier when it comes to weeding out "the bad apples"which essentially weakens the police
force as a whole. It's disheartening to see some of the most powerful members of our community
being a help to such a loose set of rules. Normally when you sue a civilian you have to prove that
person violated your rights. However, when you try to sue law enforcement, you have to prove that
they violated a right that was clearly established. However, that right isn't considered clearly
established unless someone successfully sues the person against those specific clauses.As Hasan
Minhaj puts it as an analogy, it's like applying for a first job but them asking for previous job
experience. It's this endless cycle that is impossible to break. The Corbett family's son in 2016 was
accidentally shot in his own yard(which was a misfire from the initial target that was a dog), which
the Corbett family tried suing the cop. But the federal court ruled that there was no violation of
clearly established rights, of a cop who misfired and shot a kid instead. Qualified Immunity helps
people get away with virtually anything as long as they haven't been sued over that precedent
before. Abolishing Qualified Immunity ensures a safer environment, as well as a more accountable
police force.
Chief: Perfect timing to have this comment read aloud.The Supreme Court will not be taking this
topic up. This should bring up questions for the discussion tonight.
Board member Sasaki:The Supreme Court is not taking it under the circumstance it's coming in.
Doesn't mean they are not going to address the issue.Also,would like to acknowledge that Youth
Councilor submitted the comment in private community member capacity.This topic is important
enough for a City Councilor to comment.
Board member Stuhldryer: Procedurally,will we read all comments in the future?
Facilitator Tammy:The comment was read because it is relevant to tonight's topic.The Board has
discretion as to which comments warrant response/attention.
Board member Stuhldryer: Okay.
Board member Low: I asked for it to be read because it was relevant. I'd also like to thank Councilor
Nag for commenting on this topic. Looking forward to the discussion.
Board member Sasaki: Where are we with the Body Worn Camera policy?
Chief: Reviewing with union. Getting really close to presenting.
6:00-6:40 Defensive Tactics with Sgt. Phillips and Sgt. Rivera
Welcomed before the qualified immunity topic since the other presenter was not present.
Threat assessment:
- Intent: demonstrate their intent to inflict physical injury or resist through body language or
verbalization.
- Means:Threat must have the physical capability to carry out the articulated aggression or
resistance.
- Opportunity:Threat must have access to the officer.
Defensive Tactics Basics:
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Minimum amount of force necessary to accomplish goal is used.
In almost all cases,Tigard Police use less force than is legally justifiable.
Goal of applying force is not punishment or punitive
Force is used to gain compliance.
o Usually to get a person detained in handcuffs.
Physical control:
- Minor Physical Control
o Take Downs
o Digital control
o Pressure points
o OC spray
- Serious Physical Control
o Focused blows/strikes
o Taser
o Impact weapons
■ Baton
■ Bean bag
■ 40mm
- NOTA FORCE CONTINUUM
Board member Lofgren:What does physical look like in the classroom?
Sergeants Rivera & Phillips: Physical will be warming up, some practice and incorporation of stress factor
to simulate real-world interactions.
Board member Mott: Do you train to communicate while using tactics?
Sergeant Phillips: Absolutely.
Board Member Mott: I ask because so many Police brutality videos show lack of communication
between officers when handcuffing.
Sergeants Phillips & Rivera: We are trained to respond in pairs. It is easier to handcuff someone between
two people. We are overpowered sometimes which is why it can look messy.
Board member Low: Thanks for your time.Two comments:
- Brought up with Sergeant Erickson and Commander McDonald. On threat assessment, intent to
harm. We would have hoped for a form of racial or cultural training in the dept. since different
communities use various body language and communication styles. Previously mentioned and
had been told it would be looked at.
- Not having a force continuum. I am concerned about different Police officers having various
levels of comfort. A smaller frame officer would be more likely to use greater force due to
unwillingness to engage.
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Sergeants: Police also have varying abilities. We want to be mindful of that. We'll get more on that later
in this presentation. Our training does incorporate some aspects of varying body
language/communication styles. We try to give officers exposure.
Board member Brown: Importance of training on various body languages/communication styles. Do you
have consultants?
Sergeants: We are open to it.
- More time= more risk
o Officers overcome threat's resistance as quickly as possible to minimize the possibility of
injury to the threat an officer
- Officer v. threat factors
o Officer v threat's age
o Weapons access
o Officer v. threat's size and strength
o Threat's skill level
o Mental state/drugs
o Multiple threats
o Officer's ability
o The unknown
- Considerations for justification of force
o Risk of injury
o Reasonable force necessary to control
o Opportunity to comply with lawful commands
o Is current course of action accomplishing the desired result?
- What we teach in DT's
o Legal updates, case law, policy
o Defense and offense
o Suspect control
o Handcuffing/searching
o Escort/escort holds
o Strikes
o Body positioning
o Enviro barriers
o Weapons retention
- 4 hour blocks twice a year. (answering Board member Sasaki's question on frequency)
- Do training in groups to keep patrols on duty.
- Things to consider:
o Application of force is generally not pretty and does not look good to the untrained eye.
o There are often factors, perceived or real,that others might not be aware of/video
doesn't show.
o Officer have a split second to make a decision that very well could be life or death.
Board member Brown:Tigard Police should prioritize transparency
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Board Member Sasaki: One of our charge is recommendations. When will we have a forum to make
those recommendations?
Facilitator Tammy: We will put it on the agenda for next week.
FULL DISCUSSION AND PRESENTATION AT WWW.TIGAR D-OR.GOV/PSAB
WELCOME TO DAVE LEWIS AT 6:21 P.M.
Dave Lewis defends Oregon cities in litigation cases through CIS (in house)
Civil defense, no criminal defense.
- What qualified immunity is not?
o Qualified immunity only applies to federal law.
- If someone thinks excessive force has been deployed,they can litigate under the Fourth
Amendment.
- The U.S. Constitution does not have a provision to sue civil servants. After the civil war,
provision was added to allow method to enforce against civil servants.
o Ku Klux Klan provisions due to high involvement of the Klan in government across cities.
- Civil servants are protected if they do not violate Constitutional protections.
- Clearly established protections violated by a reasonable civil servant
Board member Sasaki: Is there a state level course of action?
Lewis: No.The legislature/Oregon Constitution has not established that law.
White v. Pauly
Officers go the property covertly.The people inside heard people outside. People inside ask who is out
there. Officers jokingly say,we have you surrounded. People inside responded they had guns. Another
officer responding heard the last part and drew weapon. Resulted in death of a resident. The officer who
arrived later received qualified immunity.
Board Member Brown: We should continue this conversation at the next meeting.
Board Member Sasaki: I would like Mr. Lewis to finish his presentation.
Arrest warrants are for a person, not location/everyone at site.
Board member Rihala: How often does this type of case happen?
Lewis: It comes up all the time with Police cases.
Board member Rihala: How often do officers get off the case while cities continue?
Lewis: Depending on the combination. If litigation against an officer is dropped, an action against the
City may continue.
Lewis: In other parts of the country, officers need their own insurance. In Oregon, it's different.
Lewis: Removing qualified immunity can create challenges for recruiting.
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Board member Brown: We need to look beyond qualified immunity for recruiting.
Board member Stuhldryer: How well do officers perform? Putting themselves at risk. Help prevent
crime. Do they retreat and do we see crime go up? We need to talk about all the impacts.
Board member Mott: We are reliant on community members to bring up racial equity. We need the TPD
to bring their equity lens to begin with. Eventually,the PSAB will be done.
FULL DISCUSSION AND PRESENTATION AT WWW.TIGARD-OR.GOV/PSAB
65-49-3-65-55 Oppertu nity te Diseuss Gu rFent Events and HA-I.A.F They Im pact the TigaFd Gem Fn unity
Cut for time.
6:55-7:00 Wrap Up and Next Steps
Conversation on qualified immunity will continue next meeting.
Call to adjourn by Chair Trinh
Motion to adjourn by Board member Lofgren
Motion seconded by Board member Low
No additional discussion.
Meeting adjourned at 7:01 p.m.
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