Summer 2020 by PA Chiefs of Police Association

BULLETIN

SUMMER 2020

PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION

Inside this Issue: PCPA Executive Board and Committees

CODY: Executive Q&A with Chief David Steffen

Agencies Continue to be Accredited by PLEAC

Police Hiring and Promotions in the COVID Era

Legal Update for Law Enforcement

PowerDMS: Reflections on Our Pandemic Response

Legislative Report

Technology Update

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contents

USPS 425940 • ISSN 0031-4404

SUMMER 2020 • Vol. 122; Issue 2

19 30 34 36 38 40 42

Stanard: The Pennsylvania Chiefs of Police Testing Program

CODY: Executive Q&A with Chief David Steffen of the Northern Lancaster County Regional Police Department Police Hiring and Promotions in the COVID Era PowerDMS: Reflections on Our Pandemic Response Lexipol: Mission-Critical Solutions from People Who Know What It Means to Serve

Technology Update

Upcoming PCPA Conference

COLUMNS AND DEPARTMENTS 5 PCPA Executive Board and Committees 5

PCPA Staff

President’s Message

Executive Director’s Message

Our Sponsors

Welcome New Members

10 Agencies Continue to be Accredited by PLEAC 12 Legal Update for Law Enforcement: Coronavirus Edition 14 Legal Update for Law Enforcement: Case of the Week 20 Legislative Report 43 PCPA Membership Application

Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (spring, summer, fall and winter) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536. The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative goals, news items, PCPA upcoming events and legal issues. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Scott Bohn, 3905 North Front Street, Harrisburg, PA 17110-1536, or email to sbohn@pachiefs.org.

OFFICERS Albert Walker President Chief of Police Hanover Township John English 1st Vice President Chief of Police Edgeworth Borough

PCPA STAFF David Steffen 2nd Vice President Chief of Police Northern Lancaster County Regional Fred Harran 3rd Vice President Director of Public Safety Bensalem Township

Royce Engler 4th Vice President Chief of Police Wright Township

Ken Truver Treasurer Chief of Police Castle Shannon Borough

William Richendrfer Secretary Chief of Police South Centre Township

Larry Palmer – 2022 Chief of Police Palmer Township Mark Toomey – 2021 Chief of Police Upper Providence Township James Adams – 2021 Chief of Police Upper Allen Township

Marcia Nixon, Administrative Assistant to the Executive Director, mnixon@pachiefs.org Gregory Bean, Consulting and Member Services Manager, gbean@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org

BOARD MEMBERS

Al Coghill – 2022 Chief of Police Cannonsburg Borough James Sabath – 2022 Chief of Police Borough of Newtown Thomas Gross – 2022 Chief of Police (Ret.) York Area Regional

Scott L. Bohn, Executive Director, sbohn@pachiefs.org

Michael Vogel – 2021 Chief of Police Allegheny County Housing Authority Jason Loper - 2022 Chief of Police Fairview Township

Tim Trently - 2022 Chief of Police Archbald Borough David Splain - 2022 Chief of Police Nether Providence Township

Cheryl Campbell, Administrative Manager, ccampbell@pachiefs.org Dick Hammon, Accreditation Program Manager, rhammon@pachiefs.org Jerry Miller, Offender Identification Technology Program Manager, jmiller@pachiefs.org Andrea Sullivan, Administrative Assistant and Accreditation Assistant, asullivan@pachiefs.org

BUDGET & PERSONNEL

LEGISLATIVE

Chair: Al Walker, Chief of Police, Hanover Township John English, Chief of Police, Edgeworth Borough David Steffen, Chief of Police, Northern Lancaster County Regional Fred Harran, Director of Public Safety, Bensalem Township Royce Engler, Chief of Police, Wright Township Bill Richendrfer, Chief of Police, South Centre Township

Chair: David E. Steffen, Chief of Police, Northern Lancaster County Regional Police Department Thomas Gross, Retired Chief of Police, York Area Regional Thomas Rudzinski, Chief of Police, Manheim Township Dean Osborne, Chief of Police, Grove City Borough Randy Cox, Chief of Police, Somerset Borough Larry Palmer, Chief of Police, Palmer Township David Mettin, Chief of Police, Plumstead Township Fred Harran, Director of Public Safety, Bensalem Township

EDUCATION & TRAINING Chair: John English, Chief of Police, Edgeworth Borough Ken Truver, Chief of Police, Castle Shannon Borough Michael Vogel, Chief of Police, Allegheny Housing Authority George Swartz, Chief of Police, Spring Garden Township Ashley Heiberger, Retired Captain, Bethlehem City Royce Engler, Chief of Police, Wright Township William J. Daly, Chief of Police, Horsham Township David Splain, Chief, Nether Providence Township Jason Loper, Fairview Township

MEMBERSHIP/BYLAWS Chair: James Adams, Chief of Police, Upper Allen Township Ken Truver, Chief of Police, Castle Shannon Borough Mark Toomey, Chief of Police, Upper Providence Township Timothy Trently, Chief of Police, Archibald Borough David Splain, Chief of Police, Nether Providence Township NOMINATING

Chair: Michael Vogel, Chief of Police, Allegheny County Housing Authority

SUMMER 2020 BULLETIN

executive board & committees

PRESIDENT’S MESSAGE

DEAR MEMBERS,

DURING THIS PANDEMIC, YOUR ASSOCIATION REMAINED AT WORK PROVIDING DAILY UPDATES SO OUR MEMBERS COULD MAKE MORE INFORMED DECISIONS IN GUIDING OUR DEPARTMENTS DURING THESE DIFFICULT TIMES. THE LEVEL OF COMMUNICATION TO OUR MEMBERS HAS NEVER PA CHIEFS OF POLICE ASSOCIATION

BEEN AS ROBUST.

s I conclude my term as President of our Association, I remain truly humbled and grateful to you, our Association Members, for giving me the opportunity to serve you in this capacity. As we, as a nation, continue to battle the Covid-19 Pandemic and its implications on the safety of our Police Officers, I am constantly reminded of how heroic the Law Enforcement community really is. Officers routinely place themselves in harm’s way as a part of our function, but never so much so as during the last couple of months, when simply being near someone could place your safety in jeopardy. Law Enforcement has suffered greatly from this virus and I, join with you, express my sympathies and condolences to the families of those Law Enforcement Officers who have lost their lives due to this virus. I also send my prayers and well wishes to those Officers who have and continue to battle the effects of this infection. Please know that your Law Enforcement Sisters and Brothers are praying for your quick recovery. Having personally recovered from this virus, I know firsthand how comforting it was to me to have so many in the Law Enforcement community reach out and offer assistance, words of encouragement and most importantly prayers for my recovery. I was buoyed by the sentiment and relied on it to get through several tough days of relentless symptoms. I thank God for my recovery and am very grateful to be able to again perform my Law Enforcement duties. During this Pandemic, your Association remained at work providing daily updates so our members could make more informed decisions in guiding our departments during these difficult times. The level of communication to our members has never been as robust. I believe this valuable service has transformed our Association into the “go to” organization for Law Enforcement Professionals seeking timely, relevant and accurate information, not only concerning this pandemic, but also other relevant Police issues of the day. This ramping up of communications is a direct result of the hard work of our staff at PCPA Headquarters. Director Bohn has done a fantastic job of collaborating with our Executive Board Members, amplified our message via social media, and most importantly conferred with all of our Association’s stakeholders and counterparts to make sure our voice is heard, not only throughout the Commonwealth, but in the Capital and in the Governor’s Office. He is ably assisted by our newest staff addition, Executive Assistant Marcia Nixon. Marcia came aboard just as this pandemic began to escalate and has done an admirable job during very trying times. Our entire staff continues to perform above expectations, and it has been an honor for me to have been able to work more directly with them over the past year. CONTINUED ON PAGE 8

EXECUTIVE DIRECTORâ&#x20AC;&#x2122;S MESSAGE SUMMER 2020 BULLETIN

DEAR MEMBERS,

OVID-19 has impacted us all. The health crisis has had enormous impact on the way we consume, learn, work, socialize, communicate and on our economy. The PCPA had to cancel our annual education and training conference, our PLEAC conference, in-person certification testing, and postponed training and other programming. The safety of our members and our stakeholders is a priority. Throughout this crisis I have had great confidence in our law enforcement leaders and our membership. We have survived in the wake of many major events in our 107 years. Our Association values: integrity, professionalism, leadership, and courage have remained constant. The situation we are confronted with requires these values and your continued commitment to service. We will all navigate through this extraordinary event and our changing environment. The Association has been working tirelessly throughout the health crisis to coordinate with our local, state and federal partners; the office of the Governor, the Department of Health and many other Associations in the State, to advocate for and assist our members and their departments. The PCPA plays an important role in helping to shape policy and assist in the dissemination of critical information in our response to the pandemic. Our Association has increased its messaging and offerings that support, enhance, and enable our members to meet the very real challenges that they and their Departments are facing. We have reengaged and improved our social media platforms and are in the process of revamping our website. We have developed solutions and policy for todayâ&#x20AC;&#x2122;s environment. We are meeting the needs of our municipalities and members for departmental testing, promotions, and consulting. The PCPA has created and is currently working on new virtual training opportunities. Our members need to stay informed and still need education, along with opportunities for engagement, that the PCPA provides. We are working for you to build a stronger Association.

WE HAVE SURVIVED IN THE WAKE OF MANY MAJOR EVENTS IN OUR 107 YEARS. OUR ASSOCIATION VALUES: INTEGRITY, PROFESSIONALISM, LEADERSHIP, AND COURAGE HAVE REMAINED CONSTANT.

Lastly, I would like to thank our Association President, Al Walker, Hanover Township. He has represented the PCPA in a professional manner that has reflected positively on our Association. He has provided outstanding leadership while meeting professional and personal demands. On behalf of the PCPA and its members, Thank you. We are looking forward and ready to meet the challenges ahead. Thank you to the dedicated men and women of our law enforcement community. We are hear with and for you.

Scott L. Bohn

EXECUTIVE DIRECTOR PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION 7

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PRESIDENT’S MESSAGE (CONTINUED)

As I conclude my remarks, please allow me to thank and extend my heartfelt gratitude to our Executive Board Members. These Law Enforcement Executives from across Pennsylvania give of their time and talent to provide leadership and oversight to our Association. Without them, there wouldn’t be an Association. Thank you, Gentlemen. I am proud to not only call you colleagues, but friends, as well. To all of our members, I wish you and your families’ health and safety during these challenging times and continued success in the future. Know that your Association will be standing by your side to assist, as you and your departments provide professional, ethical and high-quality Law Enforcement services to your communities. Respectfully,

PA CHIEFS OF POLICE ASSOCIATION

CHIEF OF POLICE HANOVER TOWNSHIP, PA PCPA PRESIDENT

Active Members Todd Adams Sergeant Dallas Township Police Department

Michael McNeal Chief of Police Salem Township Police Department

Mitchell Rogers Chief of Police Kingston Police Department

Robert Clark Captain / Asst. Director UPMC Altoona

Christine McShea Captain Philadelphia Police Department

Clyburn Halley Chief of Police Pittsburgh Technical College

John Creamer Chief of Police Susquehanna Borough Police Department

Carmine Molinaro Chief of Police Washington School District Police Department

Eric Higgins Chief of Police West Earl Township Police Department

Bryan Dewick Captain Northern Regional Police Department

Brian Feeney Sergeant Dallas Township Police Department

William James Lieutenant Lower Pottsgrove Township Police Department

Ronald Dziezgowski Lieutenant Bethel Park Police Department

Joseph F. Greenwalt Lieutenant Southern Chester County Regional Police Department

Andy Kerecman Chief of Police Throop Police Department

Jared Hahn Sergeant Lititz Borough Police Department

Joseph Sproveri Captain City of Warren Police Department

Richard Kotchik Chief of Police Kingston Police Department

Michael Molinaro Officer Salem Township Police Department

Timothy Stringer Chief of Police Lock Haven University Public Safety Department

James E. Nolan IV Chief of Police Criminal Investigation Division

Daniel Spizarny Sr. Chief of Police City of Erie Police Department

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SUMMER 2020 BULLETIN

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SUMMER 2020 BULLETIN

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LEGAL UPDATE FOR LAW ENFORCEMENT: CORONAVIRUS EDITION

Legal Update for Law Enforcement: Coronavirus Edition

An Open Letter to the Legal Updates Community By: Christopher Boyle, Esq.

PA CHIEFS OF POLICE ASSOCIATION

I’ll spare you all the stuff every contact and company is sending you and cut to the chase, as you may actually want another opinion on how to handle things during the current crisis. I have to start by saying that you should be guided by what your Chief, municipal management and District Attorney’s Office say, and that this column is not legal advice and does not form an attorney client relationship between us. Still, I will do my best to offer some advice based on experience, and trust you will take what is useful, and disregard what is not. We must fight our enemies. Right now, our enemies are disease, fear, and ignorance. Our enemy is not the community we serve. These people

... a leader is always thinking ahead, and formulating contingency plans in his head.

Christopher Boyle is an Attorney at Marshall, Dennehey, Warner, Coleman & Goggin and a retired Philadelphia Police Lieutenant. He is a frequent writer and lecturer on law enforcement topics, and panel counsel for DVPLT. He can be reached at: (O) 610-354-8476, (C) 215-919-7879 CPBoyle@mdwcg.com

Christopher P. Boyle, Esq.

are afraid, threatened, confused, and receiving too much information, good and bad, from too many angles. They want their normalcy back. They are not going to get it any time soon, and they will fight against that. This is normal. We will help redirect them to useful ends. If I were a Chief, I would be telling my troops that locking people up for virus-related “offenses” should be the absolute last resort. Until and unless martial law is declared, five folks getting together to complain about the government is not a crime. It is a constitutional right. Putting those people in jail will just burden the system and serve no legitimate

purpose. Offenses against the social distancing mandates of state and local governments are likely civil offenses, not criminal acts. They should be reported to the local Health Department. Better yet, citizens should be told that we would prefer not to report them to the local Health Department and would not have to if they just abide by the current restrictions. If worse comes to worse, consider a citation, not a physical arrest. A physical arrest will constitute a seizure, and subject you to liability when all of this is over. Encourage people – forcefully, but with empathy. “I know you don’t want to bring corona virus home to your family, so

LEGAL UPDATE FOR LAW ENFORCEMENT: CORONAVIRUS EDITION

Non-law enforcement types in government now have authority and power that they have never experienced. They do not necessarily know the limits of their authority, and have never had the power they now do, such they likely do not know how to reign it in. We can help. They could show up on scene and demand that arrests be made. Nope. That would be a golden opportunity to act as a mediator. “Listen, open restaurant owner, Mr. Health Department wants you thrown in jail, and I don’t want to do that. What do you say you close shop instead like he asks? I feel for you brother. I really do. But these are trying times, and me putting you in jail is not going to help you feed your family.” They do not even need to know that we are not actually locking anyone up today. Try to understand what Mr. Health Department is going through as well. Remember the first time you told a group to move on and they laughed? Never happen to you. Lucky you. It happened to the rest of us. That is what Mr. HD is feeling right now, and he is going to want to lash out. You have the experience that he lacks. Use it and show him the power of persuasion that you have mastered. For the disease end, wash your hands and keep your distance as much as possible. Yes, I know that we are in the up close and personal business. Did

not say it was going to be easy. Do it for your families – the ones you live with, and the ones you work with. You are not a hero for needlessly exposing yourself if you do not have to. You can let business owners who claim they must stay open know the same thing – every day that you force your employees to come in exponentially raises their risk, and yours. You are not helping them. You are placing them, and you, in harm’s way. We are the police. Unfortunately, we get paid to be in harm’s way. “Leaders are always planning.” I believe General Eisenhower said that, and it is an often-misunderstood sentiment. What I believe he meant was, that a leader is always thinking ahead, and formulating contingency plans in his head. He knows that the enemy is going to blow up his plans as soon as the battle starts, but he was already planning for that. The enemy blew up your plans, Chief. Time for a new plan. You do not know everything, so seek the counsel of those that do, and get moving. The battle is joined. This is not the time for formulating working groups and seeking stake holders and all the other buzzwords. This is the time to plan, and to execute. Get the best information you can and decide. Then, start planning again, and do not be afraid to reverse course, if it turns out that the decision you made was wrong. Own mistakes and make better choices. Communicate. Let your troops and, most importantly from a command perspective, your subordinate supervisors, know what is going on. In the absence of a useful narrative from command, we will make up our own. You do not want that. Do not squash input. Dissent is not to be feared. You will be making some tough decisions, and you need to hear the other side. But once you have, decide, and execute. If you are a line supervisor, listen up, because this is important.

You will be making some tough decisions, and you need to hear the other side. Especially important – If you think the Chief is doing something incorrectly, tell them. Do it respectfully, but do it forcefully, and do it now. Then, when the Chief makes a decision to follow or not follow your advice, unless they are telling you to do something illegal you are to execute their order as if it was the smartest thing you ever heard, and as if it was your own idea. The troops need that from you. That is how you show your own leadership. Empathize. The scared citizens you meet will need you now, more than ever. They are not your enemy. They are your brothers and sisters. They have families to feed, and they are terrified. They have no idea how they are going to make ends meet. Will some people try to capitalize on these difficult times? Sure, they will. Will some people scoop up government benefits who don’t really need them? Of course, they will. So what? People will be more demanding than ever. Expect it. Accept it. They do not mean anything by it. They are scared. An elderly woman is terrified to go to the supermarket so consider picking up what she needs if you have the time. Do not bother writing to me to say, “that’s not my job.” I know that, and I also know you have probably done a dozen things in the last year that were not your job. How do I know? Because you could have chosen another profession, but you chose to protect and serve. It is in your blood, and you cannot help yourself. You should be proud of that. I know I am. Be well and stay safe. Christopher P. Boyle, Esq.

SUMMER 2020 BULLETIN

let’s call it a day fella.” Move them along, and then you move along. You will be glad you did. If you are met by the armchair lawyer who demands to know under what authority you are telling them to go home, tell them you are asking them as a man (woman) and fellow citizen. Tell them you are counting on them to be the bigger man (woman, person) even if there is no criminal statute saying otherwise. Tell them you are asking them to do it, not telling them. Say “please” and “thank you”. Why not? Costs us nothing. That would be my advice.

LEGAL UPDATE FOR LAW ENFORCEMENT: CASE OF THE WEEK

Legal Update for Law Enforcement

Case of the Week By: Christopher Boyle, Esq.

United States v. McCants, 2020 U.S. App. LEXIS 7980 (3rd Circuit, March 12, 2020) Ibrahim McCants appeals his judgment of conviction and sentence. McCants argues he was wrongly convicted based on evidence that was found during an unconstitutional search. He also claims his sentence cannot stand because he was wrongly designated a career offender under the United States Sentencing Guidelines. For the reasons that follow we will affirm.

I On the afternoon of June 28, 2015, a New Jersey woman dialed 911 to report an ongoing domestic dispute. Here's how the call went: CALLER: Can I have the number to East Orange Police Department. DISPATCHER: You need where?

PA CHIEFS OF POLICE ASSOCIATION

CALLER: East Orange Police Department. It's [sic] emergency. DISPATCHER: problem?

What's

the

[*2]

CALLER: This guy is out here beating up his girlfriend. He's about to kill her. DISPATCHER: Where's this at? CALLER: It's on Grove Street in East Orange. DISPATCHER: Grove and—where on Grove?

Christopher P. Boyle, Esq.

CALLER: Grove and, and, and like Williams Street. DISPATCHER: What is he wearing? CALLER: He's wearing a red hat, with braids and he's beating her up really bad right now I wanna break—I wanna break it up but, I don't wanna do nothing. DISPATCHER: No—you don't want to do that. Stay—hold on a second, ma'am. United States v. McCants, No. 15551, 2016 U.S. Dist. LEXIS 121157, 2016 WL 4705452, at *1 (D.N.J. Sept. 7, 2016). As the operator was preparing to dispatch police to the scene of the altercation, the caller repeated "he is beating her up really badly" and stated, "I think he has a gun." Id. The caller then hung up and the operator dispatched the call in this way: Grove and William, Grove and William, right now from a caller, it's a male beating a female really badly, male has braids with a red

hat . . . Again, it's going to be Grove and William. Male, female. Male beating a female. Male has braids red hat—at this time, I am advising the caller not to intervene . . . Now she is saying she believes he has a gun . . . Red hat and braids. Alright, the caller disconnected. Id. East Orange police were in [*3] the area at the time the call was dispatched, and they found a man matching the description near 146 Grove Street within one minute. Officer Moses Sangster was the first to arrive on the scene. He "noticed a male with dreads and a red hat" walking north on Grove Street with a woman. App. 76. The couple was later identified as Appellant Ibrahim McCants and Chelsea Fulton. Two other officers—Stephen Rochester and Cory Patterson—also arrived on the scene within minutes after hearing the call. Before they approached the couple, Officer Rochester

LEGAL UPDATE FOR LAW ENFORCEMENT: CASE OF THE WEEK

confirmed with the dispatcher that "the male actor involved had dreadlocks." App. 78. Officers Rochester and Patterson then "immediately engaged" McCants and frisked him due to the "nature of the call for service." Id. During the pat down, Officer Rochester found a loaded handgun inside a fanny pack McCants was wearing. The officers placed McCants under arrest and recovered distributable quantities of heroin. Several written police reports described the interactions between McCants and Fulton when the officers arrived at the scene. Officer Rochester reported that he observed McCants "speaking with a black female." Id. Both McCants and Fulton confirmed [*4] in separate interviews they had been arguing, though Fulton said, "at no point did the argument get physical." App. 82. Officer Crystal Singleton and Detective Jaleesa Wreh reported that Fulton showed no signs of injury.

II A grand jury charged McCants with unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) and possession with intent to distribute heroin in violation of 21 U.S.C. §§ 841(a) and (b)(1)(C). McCants filed a pretrial motion to suppress the firearm and drugs and requested an evidentiary hearing on the motion, arguing the officers did not have reasonable suspicion that he was engaged in criminal activity before they frisked

him. The Government opposed the motion, and the District Court denied it without oral argument. The Court found that the stop was based on reasonable suspicion because the caller's "anonymous tip bore sufficient indicia of reliability." McCants, 2016 U.S. Dist. LEXIS 121157, 2016 WL 4705452, at *7. The District Court then conducted a stipulated bench trial, and McCants was found guilty as charged on both counts. The United States Probation Office prepared a Presentence Investigation Report (PSR) in which its designated McCants a career offender. McCants objected to the PSR, arguing that his two previous second-degree robbery [*5] convictions in New Jersey did not qualify as crimes of violence under § 4B1.2 of the Sentencing Guidelines. Had the convictions not qualified as crimes of violence, his advisory range would have been lowered from 168-210 months to 63-78 months under Guidelines § 2K2.1. The District Court overruled McCants's objection, concluding that his two prior robbery convictions qualified as crimes of violence. At sentencing, the Court varied downward, imposing a sentence of 120 months' imprisonment followed by three years of supervised release. McCants timely appealed.

III The District Court had jurisdiction under 18 U.S.C. § 3231 and we have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). McCants argues that the District Court erred

in denying his motion to suppress and in finding that his prior robbery convictions qualified as crimes of violence under Guidelines § 4B1.2. HN1 We review the District Court's factual findings for clear error and its legal conclusions de novo. United States v. Lowe, 791 F.3d 424, 427 (3d Cir. 2015). HN2 We review de novo the Court's determination that a conviction constitutes a "crime of violence" under the Guidelines. United States v. Chapman, 866 F.3d 129, 131 (3d Cir. 2017).

IV We begin by addressing McCants's argument that he was wrongly convicted because the District Court admitted into evidence the fruits (drugs and a gun) of an unconstitutional search. The dispositive question underlying [*6] this argument is whether the anonymous 911 tip provided sufficient indicia of reliability for reasonable suspicion of ongoing criminal activity. HN3 The Fourth Amendment prohibits "unreasonable searches and seizures." U.S. Const. amend. IV. Although searches generally require warrants supported by probable cause, officers may conduct brief investigatory stops under Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), if they have "reasonable, articulable suspicion that criminal activity is afoot." Illinois v. Wardlow, 528 U.S. 119, 123, 120 S. Ct. 673, 145 L. Ed. 2d 570 CONTINUED ON NEXT PAGE

SUMMER 2020 BULLETIN

McCants filed a pretrial motion to suppress the firearm and drugs and requested an evidentiary hearing on the motion, arguing the officers did not have reasonable suspicion that he was engaged in criminal activity before they frisked him.

LEGAL UPDATE FOR LAW ENFORCEMENT: CASE OF THE WEEK

(2000). Such reasonable suspicion requires "at least a minimal level of objective justification for making the stop" and more than an "inchoate and unparticularized suspicion or 'hunch'" of criminal activity. Id. at 123-24 (internal quotation marks omitted) (quoting Terry, 392 U.S. at 27). We evaluate the totality of the circumstances in considering "whether a reasonable, trained officer standing in [the officer's] shoes could articulate specific reasons justifying [the] detention." United States v. Brown, 448 F.3d 239, 246-47 (3d Cir. 2006) (internal quotation marks omitted) (quoting Johnson v. Campbell, 332 F.3d 199, 206 (3d Cir. 2003)).

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HN4 A body of caselaw has developed over the years involving anonymous reports to police of criminal activity. These tips can provide reliable information helpful to investigations and can create reasonable suspicion of ongoing criminal activity. Navarette v. California, 572 U.S. 393, 397, 134 S. Ct. 1683, 188 L. Ed. 2d 680 (2014). Whether an anonymous tip provides enough information [*7] for reasonable suspicion depends "upon both the content of information possessed by police and its degree of reliability." Alabama v.

White, 496 U.S. 325, 330, 110 S. Ct. 2412, 110 L. Ed. 2d 301 (1990). HN5 Our Court has identified five factors that indicate reliability for anonymous tips: (1) The tip information was relayed from the informant to the officer in a face-to-face interaction such that the officer had an opportunity to appraise the witness's credibility through observation. (2) The person providing the tip can be held responsible if her allegations turn out to be fabricated.

Here, the District Court found that "the caller's anonymous tip bore sufficient indicia of reliability," which provided the officers with reasonable suspicion to stop and frisk [*8] McCants consistent with Terry. McCants, 2016 U.S. Dist. LEXIS 121157, 2016 WL 4705452, at *7. In the District Court's view, the tip sufficed because the caller used the 911 system to report firsthand knowledge of ongoing domestic violence, and she gave an accurate description that was quickly confirmed by the police.

(5) The tip predicts what will follow, as this provides police the means to test the informant's knowledge or credibility[.]

McCants argues that the 911 call could not have provided the officers with reasonable suspicion to justify the stop for two main reasons: (1) the tip was vague and did not demonstrate sufficient indicia of reliability; and (2) the officers did not find corroborating evidence of domestic violence at the scene. These arguments are unpersuasive in light of controlling precedent.

United States v. Torres, 534 F.3d 207, 211 (3d Cir. 2008) (ellipsis in original). In assessing the reliability of a tip, courts within the Third Circuit must consider these factors with reference to the totality of the circumstances presented in each case. Id.

First, McCants contends that the 911 call was unreliable because it was akin to the bare-bones tip deemed inadequate by the Supreme Court in Florida v. J.L., 529 U.S. 266, 120 S. Ct. 1375, 146 L. Ed. 2d 254 (2000). In J.L., the police received an anonymous call "that

(3) The content of the tip is not information that would be available to any observer. . . (4) The person providing the information has recently witnessed the alleged criminal activity.

LEGAL UPDATE FOR LAW ENFORCEMENT: CASE OF THE WEEK

As the Government argues, the indicia of reliability in McCants's case are like those in Navarette v. California. The Supreme Court there concluded that a tip created reasonable suspicion of drunk driving because it was highly specific, based on substantially contemporaneous eyewitness knowledge, and reported over the 911 system. Navarette, 572 U.S. at 399-401. The Court explained that the eyewitness's firsthand knowledge of ongoing criminality "lends significant support to the tip's reliability." Id. at 399. So too here, where police were able to confirm the detailed description of the suspect within minutes of the call. In fact, McCants was engaged by police much more quickly than was Navarette, who wasn't stopped until eighteen minutes after the dispatcher's [*10] call. Id. In Navarette, the Supreme Court also reasoned that the 911 call bolstered

the tip's credibility because the system's ability to identify callers is a safeguard against false reports. Id. at 400. Although 911 calls are not per se reliable and the police in this case did not identify the caller, the informant's use of the 911 system here adds to the tip's reliability in the same way it did in Navarette. Relatedly, McCants argues that the District Court did not give adequate consideration to three of the reliability factors we identified in Torres: the lack of face-to-face interaction between the informant and police; the absence of predictive information in the call; and the fact that the content of the caller's tip was available to any observer. HN6 Although it is true that the 911 call here does not present all of the reliability factors, this deficiency does not preclude a finding of reasonable suspicion because, as we have explained, "a tip need not bear all of the indiciaâ&#x20AC;&#x201D;or even any particular indiciumâ&#x20AC;&#x201D;to supply reasonable suspicion." Torres, 534 F.3d at 213. Accordingly, the District Court did not err when it concluded that the tip was sufficiently reliable because it met two of the factors: the informant [*11] "recently witnessed the alleged criminal activity," McCants, 2016 U.S. Dist. LEXIS 121157, 2016 WL 4705452, at *5 (quoting Brown, 448 F.3d at 24950), and can be "held responsible if her allegations turn out to be fabricated," 2016 U.S. Dist. LEXIS 121157, [WL] at *6 (quoting Brown, 448 F.3d at 249). McCants next argues that "[n] o reasonable officer would have stopped and frisked" him based on an allegation of ongoing domestic violence when Fulton, the putative victim, showed no signs of injury. McCants Br. 30. This argument too is contrary to the Supreme Court's decision in Navarette, where the

As the Government argues, the indicia of reliability in McCants's case are like those in Navarette v. California. The Supreme Court there concluded that a tip created reasonable suspicion of drunk driving because it was highly specific, based on substantially contemporaneous eyewitness knowledge, and reported over the 911 system. officers followed Navarette's car for five minutes without noticing any sign of drunk driving. The absence of corroborative evidence, the Court held, did not negate the reasonable suspicion created by the 911 call. Navarette, 572 U.S. at 40304. HN7 In the Court's opinion, "[o] nce reasonable suspicion of drunk driving arises, '[t]he reasonableness of the officer's decision to stop a suspect does not turn on the availability of less intrusive investigatory techniques.'" Id. at 404 (quoting United States v. Sokolow, 490 U.S. 1, 11, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989)). HN8 In considering the officers' reasonable inferences about Fulton's demeanor, we note that we have given "considerable deference to police officers' determinations CONTINUED ON NEXT PAGE

SUMMER 2020 BULLETIN

a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun." Id. at 268. The Supreme Court held that this "bare report of an unknown, unaccountable informant" who did not explain the basis for his tip lacked sufficient indicia of reliability. Id. at 271. But the facts of McCants's appeal differ from J.L. in important respects. Here, the 911 caller gave a [*9] firsthand account of ongoing criminal activity, as well as a highly specific and accurate description of the suspect's location, clothing, and hair. In J.L., the informant reported significantly fewer details and described potentially innocuous behavior without explaining why the informant thought the subject was committing (or was about to commit) a crime. Because of these differences, we disagree with McCants that the 911 call mirrors the limited and vague report in J.L.

LEGAL UPDATE FOR LAW ENFORCEMENT: CASE OF THE WEEK

of reasonable suspicion given their own experience and specialized training to make inferences from and deductions about the cumulative [*12] information available to them that might well elude an untrained person." United States v. Graves, 877 F.3d 494, 499 (3d Cir. 2017) (internal quotation marks omitted) (quoting United States v. Brown, 765 F.3d 278, 290 (3d Cir. 2014)), cert. denied, 139 S. Ct. 159, 202 L. Ed. 2d 97 (2018). And as the District Court noted, the Seventh Circuit addressed the circumstances common to domestic violence calls while upholding a Terry stop under facts similar to those presented in this appeal. See United States v. Wooden, 551 F.3d 647 (7th Cir. 2008). In Wooden, the police responded to an anonymous report that a tall, black male wearing a black jacket and blue jeans was arguing with his girlfriend and had drawn a gun at a specific location. Id. at 648. The police conducted a pat-down even though the couple was chatting amicably when the officers arrived. Id. at 648, 650. In upholding the

stop, the Seventh Circuit recognized that the report implied the need for a hasty response. Id. at 650. The court observed, along with other factors supporting reasonable suspicion, that "domestic violence comes and goes" and there is a "risk that an armed man may threaten the woman with him" with future violence if she does not remain calm when police arrive. Id. McCants's argument regarding Fulton's demeanor does not give proper weight to law enforcement officers' experiences and training regarding domestic violence. He contends that while it was [*13] "plausible that the suspect car in Navarette was observed driving normally after running someone off the road," no officer could have reasonable suspicion of ongoing domestic violence after approaching Fulton, who was composed and unscathed. McCants Br. 32. This comparison to Navarette is unpersuasive: considering officers' experiences, it might be less plausible that a drunk-driving suspect could drive normally for five minutes than that Fulton might appear calm and

uninjured during her interaction with the police. See Wooden, 551 F.3d at 650. For these reasons, the District Court did not err in deferring to the officers' reasonable inferences regarding Fulton's demeanor in light of the 911 call. In sum, viewing all the circumstances, the anonymous tip bore sufficient indicia of reliability and provided the officers with reasonable suspicion that justified the Terry stop. The caller used the 911 system to report an eyewitness account of domestic violence and provided the officers with a detailed description of the suspect and location, both of which were quickly confirmed by the police. Accordingly, we hold that the District Court did not err in denying McCants's motion to suppress the evidence collected [*14] during the Terry stop. ************ The District Court did not err in denying McCants's motion to suppress or in imposing his sentence. We will affirm the judgment of conviction and sentence.

PA CHIEFS OF POLICE ASSOCIATION

Is Your Information Up to Date? Please take a moment to visit the PCPA website at www.pachiefs.org and log in at the top right corner using your email and password. Logging in will allow you to gain access to members-only pages and information as well as the full membership directory. Here you can make changes to your contact information and department information. Increasingly, the PA Chiefs of Police Association uses electronic methods, such as our website, to keep our membership up to date and informed. Please make sure your email address is current and correct so that you donâ&#x20AC;&#x2122;t miss out on pertinent information between magazines. Your accurate information will allow us to better serve you! Thank you!

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FIRST AND SECOND-LINE SUPERVISOR TESTS

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DETECTIVE/INVESTIGATOR TEST

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SUMMER 2020 BULLETIN

The Pennsylvania Chiefs of Police Testing Program

LEGISLATIVE REPORT

PA CHIEFS OF POLICE ASSOCIATION

The following is a list of bills that have been introduced that are of interest to the Association. This list does not consist of all bills related to police and criminal justice matters, as there are numerous bills coming in on a weekly basis. If you have knowledge of a bill or questions, please contact Jerry Miller, jmiller@pachiefs.org or Scott Bohn at sbohn@pachiefs.org.

2020

LEGISLATIVE REPORT: SUMMER 2020

HB 50 Wheatley, Jake(D) Amends the Medical Marijuana Act, for policy & definitions., for program established, for use of medical marijuana, for practitioner registration, for ID cards, for medical marijuana organizations, for permits, for electronic tracking for tax. Remarks: The bill establishes a chapter entitled the Cannabis Act and states that use or possession of medical cannabis as set forth in the Cannabis Act part is lawful within the commonwealth, legalizing recreational cannabis. Last Action: 6- 3-19 H Discussed during joint public hearing, House Health HB 432 Barrar, Stephen(R) Amends the Workers' Compensation Act, in interpretation and definitions, further providing for the definition of "occupational disease"; and, in liability and compensation, further providing for compensation for post-traumatic stress injury. Remarks: bill adds that "occupational disease" includes post-traumatic stress injury, which is suffered by a police officer, firefighter or emergency medical services provider and caused by exposure to a traumatic event arising in the course of the provider's employment or, after four years or more of service, is caused by and related to the cumulative effect of psychological stress in the course of the provider's employment for the benefit and safety of the public. Last Action: 5-26-20 H Set on the House Calendar HB 579 Flynn, Marty(D), Amends Act entitled "An act extending benefits to police chiefs or heads of police departments of political subdivisions who have been removed from bargaining units by the PA Labor Relations Board," providing for fire officers. Last Action: 2-28-19 H Introduced and referred to committee on House Labor and Industry HB 1290 Polinchock, Todd (F)(R), Amends Title 23 (Domestic Relations), in child protective services, for definitions, reporting procedure, disposition of complaints received, responsibility for investigation & access to information in statewide database. Remarks: providing a county agency or law enforcement official who receives a report of suspected child abuse shall immediately notify the Department of Human Services Last Action: 1- 6-20 S Received in the Senate and referred to Senate Health and Human Service HB 1827 (Support) Keefer, Dawn(R) Amends Title 18 (Crimes & Offenses), in criminal homicide, further providing for the offense of causing or aiding suicide. Remarks: legislation, referred to as “Shawn’s Law”, provides that the Pennsylvania Commission on Sentencing provide for a sentence enhancement where the person who commits suicide is under 18 years of age or has an intellectual disability Last Action: 5/20/20 H Final Passage (Vote Y: 188/N: 14) HB 1881 (Oppose) Kauffman, Rob(R) Amends the Public-School Code, in school security, further providing for school police officers powers and duties. Remarks: Amends the Public School Code providing a school police officer appointed under section 1320-C(b) shall have the power, if authorized by the court, to exercise the same powers as exercised under authority of law or ordinance by the police of the municipality in which the school property is located. This shall not apply to an individual provided through a third-party vendor. Last Action: 5-26-20 H Set on the House Calendar CONTINUED ON NEXT PAGE

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Bills Tracked this Legislative Session 19R 2019-2020

LEGISLATIVE REPORT: SUMMER 2020

HB 1955 Mentzer, Steven(R) Amends Title 23 (Domestic Relations), in protection from abuse, further providing for commencement of proceedings. Remarks: will vest the authority to Magisterial District judges to order police officers to serve emergency protection from abuse orders on the defendant/abuser in circumstances where the plaintiff/victim believes that his or her safety is in jeopardy Last Action: 3- 4-20 H Introduced and referred to committee on House Judiciary HB 1958 Davis, Tina(D), Act authorizing police depts. to establish & administer an ANGEL program that assists eligible individuals in identifying and receiving treatment for opioid use disorder; imposing powers and duties on the Attorney General. Remarks: would allow any individual wishing to seek treatment for their opioid dependency to visit a participating police department without fear of arrest or prosecution. Last Action: 3- 4-20 H Introduced and referred to committee on House Judiciary HB 2016 (Support) Schmitt, Lou (F)(R) Amends Title 18 (Crimes and Offenses), in assault, providing for the offense of harassment of law enforcement officer; and imposing penalties. Remarks: legislation would define harassment of law enforcement officer as intentionally or knowingly causing or attempting to cause a law enforcement officer to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material. Last Action: 5-20-20 H Final Passage (Vote Y: 170/N: 32) HB 2050 Wheatley, Jake(D) Amends the Medical Marijuana Act, for title of act; for medical cannabis; in program; in practitioners; in patients; in medical marijuana organizations; in medical marijuana controls; in Medical Marijuana Advisory Board. Remarks: "legislation is a culmination of social and criminal justice reform, aided by legal adult-use. the pursuit of delivering legal adult-use to the more than 60% and growing of Pennsylvanians who support it." Last Action: 4-20-20 H Discussed during press conference HB 2056 (Support) Struzzi, James (F)(R) Amends Title 18 (Crimes and Offenses), in assault, further providing for the offense of aggravated assault. Remarks: causes bodily injury to a person with a physical or intellectual disability is guilty of aggravated assault, a felony of the second degree. definition is "vague and far reaching" Last Action: 5-20-20 H Final Passage (Vote Y: 167/N: 35)

PA CHIEFS OF POLICE ASSOCIATION

HB 2337 Rabb, Christopher(D) Amends title 75 (Vehicles), in commercial drivers, for definitions; and, in driving after imbibing alcohol or utilizing drugs, further providing for driving under influence of alcohol or controlled substance and for authorized use not a defense. Remarks: allow individuals who legally use medicinal cannabis to operate a motor vehicle. legislation protects medicinal cannabis patients, it does not extend to any illegal cannabis use. applies to approved patients who use medicinal cannabis legally and are not impaired â&#x20AC;&#x201C; the same as any other prescription medication. Last Action: 3-10-20 H Introduced and referred to committee on House Transportation HB 2342 (Support) Owlett, Clint(R) Amends Title 42 (Judiciary), in depositions and witnesses, further providing for admissibility of certain statements. Remarks: in depositions and witnesses, permitting statements made by a child victim or witness of 16 years of age or younger as admissible in evidence in any criminal or civil proceeding Last Action: Rereferred to House Appropriations 5-20-20

LEGISLATIVE REPORT: SUMMER 2020

Remarks: Prohibits a person who has been ordered to undergo involuntary mental health treatment on an outpatient basis under the Mental Health Procedures Act from purchasing firearms or ammunition Last Action: 3-25-20 H Corrective reprint, Printer's No. 3501 HB 2379 Kinsey, Stephen(D) Amends Title 75 (Vehicles), in registration of vehicles, further providing for period of registration. Remarks: extending the expiration date of all vehicle registrations statewide to 60 days after the conclusion of the governor's declaration of disaster emergency issued on March 6, 2020 Last Action: 4- 3-20 H Introduced and referred to committee on House Transportation HB 2399 Nelson, Eric(R), Amends the Enforcement Officer Disability Benefits Law, further providing for disability benefits. Remarks: Amends the Enforcement Officer Disability Benefits Law (Heart and Lung Act) providing a person covered under the law who contracts or is diagnosed with COVID-19 or is subject to quarantine resulting from exposure to COVID-19, and is temporarily incapacitated from performing his duty shall be compensated under the act. Last Action: 4-13-20 H Introduced and referred to committee on House Labor and Industry HB 2412 Polinchock, Todd (F)(R) Amends the Administrative Code, providing for emergency COVID-19 provisions. Remarks: will require the Secretary of the Department of Community and Economic Development to issue a waiver to the Governorâ&#x20AC;&#x2122;s 20200319 TWW COVID 19 Business Closure Order to all real estate related activities that can adhere to social distancing practices and other mitigation measures defined by the Centers for Disease Control to protect workers and mitigate the spread of the COVID-19 virus. Last Action: 5-19-20 G Vetoed by the Governor (Veto: 6) HB 2428 Diamond, Russ(R) Amends Title 35 (Health & Safety), in Commonwealth services, further providing for general authority of Governor. Remarks: if a governor wants a disaster emergency to extend beyond 45 days, he will need explicit approval from the General Assembly via a concurrent resolution. Currently, a disaster emergency can last up to 90 days, but the governor can unilaterally extend and renew it. Last Action: 4-24-20 H Introduced and referred to committee on House State Government HB 2440 Kortz, Bill(D) Act providing for the designation of shooting ranges, sportsman clubs, hunting facilities and business relating to the sale of production of firearms and ammunition as life-sustaining. Remarks: provides all outdoor sportsman clubs that choose to remain open during the COVID-19 emergency shall impose social distancing and mask requirements, only permit five shooters in each range at a time and close clubhouses associated with the outdoor sportsman club. Effective immediately. Last Action: H Final Passage (Vote Y: 124/N: 78) 5-20-20 SB 86 Brooks, Michele(R) Amends Titles 18 (Crimes & Offenses) & 23 (Domestic Relations), in offenses against the family, for newborn protection; for taking child into protective custody; for incubators; for accepting newborns; for immunity & duties. Last Action: 3-27-19 H Received in the House and referred to House Judiciary

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HB 2344 Murt, Thomas(R) Amends Title 18 (Crimes & Offenses), in firearms & other dangerous articles, for sale or transfer of firearms, for PA State Police, for sale surcharge Funds, for ammunition purchase authorization permits.

LEGISLATIVE REPORT: SUMMER 2020

SB 327 Argall, David(R), Amends the Administrative Code, providing for COVID-19 emergency statutory & regulatory suspensions & waivers reporting requirements, for COVID-19 debt cost reduction review & task force; in powers & duties of DGS, for report of facilities. Remarks: Governors authority to order closing of businesses, etc. Republications want to amend it to permit businesses to stay open if they comply with certain safety guidelines set by CISA Last Action: 5-19-20 G Vetoed by the Governor (Veto: 7) SB 607 (Support) Scavello, Mario(R) Amends Title 75 (Vehicles), in rules of the road in general, further providing for speed timing devices. Remarks: Amends Title 75 (Vehicles), providing that any police officer may use an electronic speed meter, radar or light detection and ranging devices upon approval by local ordinance and completion of training requirements. Provides for a revenue cap on the amount of money a municipality may keep from speeding tickets and calibration standards for radar guns. Last Action: 5-26-20 H Set on the House Calendar SB 613 Mensch, Bob(R) Amends The Administrative Code, in admin. organization, repealing provisions relating to providing for COVID-19 mitigation plan. Remarks: opening businesses using recommended guidance for mitigating exposure to covid-19 from the centers for disease control Last Action: 4-20-20 G Bill, together with Governor's Veto Message, laid on the table SB 954 Ward, Kim(R) Amends Title 75 (Vehicles), in registration of vehicles, further providing for display of registration plate. Remarks: legislation to reinstate vehicle registration stickers for display on Pennsylvania license plates Last Action: 5-18-20 S Set on the Senate Calendar SB 958 Mastriano, Doug(R) Amends Title 8 (Boroughs and Incorporated Towns), in manufacture and supply of electricity, further providing for specific powers. Remarks: in manufacture and supply of electricity, providing that the sale of electric power to a borough for resale shall be exempt from all state taxes. Last Action: 5-18-20 S Set on the Senate Calendar SB 1072 Brewster, Jim(D) Amends Public School Code, in school security, further providing for school security guards. Remarks: requiring school security guards to complete the training required by the Municipal Police Officersâ&#x20AC;&#x2122; Education and Training Commission (MPOTEC). Active law enforcement officers shall be exempt from the training requirements.

PA CHIEFS OF POLICE ASSOCIATION

Last Action: 3- 3-20 S Introduced and referred to committee on Senate Education SB 1085 Blake, John(D), Amends Title 18 (Crimes and Offenses), in obstructing governmental operations, providing for the offense of evading arrest or detention on foot. Remarks: Evading Arrest or Detention by Foot in response to the tragic death of Officer John Wilding of the Scranton Police Department. In July 2015, Officer Wilding fell to his death while chasing three teenagers suspected of armed robbery. Last Action: 3-11-20 S Introduced and referred to committee on Senate Judiciary

LEGISLATIVE REPORT: SUMMER 2020

Remarks: amending the Heart & Lung Act and providing a crucial protection to first responders in response to the novel coronavirus (COVID-19) pandemic Last Action: 4-29-20 S Set on the Senate Calendar SB 1110 (Support) Ward, Kim(R) Amends Disease Prevention and Control Law, further providing for reports and for confidentiality of reports and records. Remarks: requiring the Pennsylvania Department of Health (DOH) to notify county commissioners or their designated county emergency management coordinator of the municipality in which there is any confirmed communicable disease cases, such as COVID-19 Last Action: S Final Passage (Vote Y: 47/N: 3) 4-29-20, 5-20-20 House- Set on the Tabled Calendar SB 1119 Baker, Lisa(R) Amends Title 42 (Judiciary), in limitation of time, providing for declaration of judicial emergencies. Remarks: seeks to simplify the process by establishing the following temporary measures: #1 Tolling the Statute of Limitations for civil and criminal cases and providing additional time for the filing of any necessary pleadings. #2 Extending the time period individuals have for responding to a citation, or paying the appropriate fines, costs, or restitution. #3 Limiting the ability of the Commonwealth to suspend an operating license. Last Action: 4-29-20 H Received in the House and referred to House Judiciary SB 1120 Baker, Lisa(R) Amends Title 42 (Judiciary), in sentencing, further providing for payment of court costs, restitution, and fines. Remarks: Extending the time period individuals have for responding to a citation, or paying the appropriate fines, costs, or restitution. Limiting the ability of the Commonwealth to suspend an operating license. Last Action: 4-29-20 H Received in the House and referred to House Judiciary SB 1124 Mastriano, Doug(R) Amends Disease Prevention and Control Law, further providing for confidentiality of reports and records; and abrogating a regulation. Remarks: legislation to update the stateâ&#x20AC;&#x2122;s Disease Prevention and Control Law of 1955, in an effort to enhance transparency. will revise the restrictions that are preventing the PA Dept. of Health from publicizing relevant facts and data concerning the COVID-19 pandemic. will enable the Health Department to release more information that is currently considered private during health epidemics. Last Action: 4-20-20 S Introduced and referred to committee on Senate Health and Human Services SB 1128 Baker, Lisa(R) Amends Title 75 (Transportation), in licensing of drivers, providing for declaration of judicial emergencies. Remarks: Provides that the Supreme Court or any agency or unit of the unified judicial system shall not suspend the operating privilege of a person or withhold the renewal of the driver's license of a person if the time period for taking the action or making the payment expires during the declared judicial emergency Last Action: 5-13-20 H Received in the House and referred to House Transportation HB 2537 Grove, Seth(R) Amends Fiscal Code, providing for coronavirus aid, relief, and emergency response; and establishing the Coronavirus Aid, Relief and Emergency Response Fund. Remarks: $400 M for local governments not eligible for the direct federal local government funds. $200 M for municipalities $200 M for county governments $300 M for EMS, Police and Fire Services Last Action: 5-21-20 H Introduced and referred to committee on House Finance

SUMMER 2020 BULLETIN

SB 1106 Regan, Mike(R) Amends the Enforcement Officer Disability Benefits Law (Heart and Lung Act), further providing for disability benefits.

LEGISLATIVE REPORT: ALL BILLS SIGNED INTO LAW THIS YEAR

PA CHIEFS OF POLICE ASSOCIATION

All Bills Signed into Law This Year HB 68

Ryan, Frank(R) Amends the Unemployment Compensation Law, in administration of act, providing for unemployment compensation benefit notification by employers; in contributions by employers & employees; & emergency provisions related to COVID-19.

Bill History:

03-25-20 G In the hands of the Governor 03-27-20 G Approved by the Governor (Act: 9) 03-27-20 G Earliest effective date

HB 330

Emrick, Joe(R) Amends the Taxpayer Relief Act making editorial changes to incorrect references.

Bill History:

02-05-20 G In the hands of the Governor 02-12-20 G Approved by the Governor (Act: 5) 04-12-20 G Earliest effective date

HB 360

Topper, Jesse(R) Amends Title 23 (Domestic Relations), in marriage license, providing for restrictions on issuance and for oral examination; and, in child protective services, for pandemic of 2020.

Bill History:

05-06-20 G In the hands of the Governor 05-08-20 G Approved by the Governor (Act: 18) 05-08-20 G Earliest effective date

HB 427

Benninghoff, Kerry(R) Act providing for health insurance coverage requirements for stage four, advanced metastatic cancer.

Bill History:

02-06-20 G In the hands of the Governor 02-12-20 G Approved by the Governor (Act: 6) 04-12-20 G Earliest effective date

HB 752

Turzai, Mike(R)

Bill History:

04-22-20 G In the hands of the Governor 04-29-20 G Approved by the Governor (Act: 16) 06-28-20 G Earliest effective date

HB 775

Diamond, Russ(R) Amends the State Lottery Law, in pharmaceutical assistance for the elderly, further providing for income verification.

Bill History:

04-08-20 G In the hands of the Governor 04-17-20 G Approved by the Governor (Act: 14) 06-16-20 G Earliest effective date

HB 1001

Oberlander, Donna(R) Act regulating milk banks that provide donor human milk in this Commonwealth.

Bill History:

02-06-20 G In the hands of the Governor 02-12-20 G Approved by the Governor (Act: 7) 02-12-20 G Earliest effective date

Amends Title 34 (Game), in property and buildings, further providing for price paid for acquisitions and improvements.

LEGISLATIVE REPORT: ALL BILLS SIGNED INTO LAW THIS YEAR

Hennessey, Tim(R) Amends the Taxpayer Relief Act, in senior citizens property tax & rent rebate assistance, providing for filing of claim; and authorizing public school districts to implement a senior tax reduction incentive volunteer exchange program.

Bill History:

05-14-20 G In the hands of the Governor 05-19-20 G Approved by the Governor (Act: 20) 05-19-20 G Earliest effective date

HB 1232

Dunbar, George(R) Amends the Fiscal Code, providing for emergency finance & tax provisions; in additional special funds, for COVID-19 response transfers & for the Enhanced Revenue Collection Account; in 20182019 budget implementation for Dept. of Revenue.

Bill History:

03-25-20 G In the hands of the Governor 03-27-20 G Approved by the Governor (Act: 10) 03-27-20 G Earliest effective date

HB 1578

Helm, Susan(R)

Bill History:

03-18-20 G In the hands of the Governor 03-27-20 G Approved by the Governor (Act: 11) 05-26-20 G Earliest effective date

HB 1869

Owlett, Clint(R) Amends Title 35 (Health and Safety), providing for COVID-19 enforcement officer disability benefits & for COVID-19 benefits for members of Pennsylvania National Guard; and, in emergency medical services system, for basic life support ambulances.

Bill History:

04-22-20 G In the hands of the Governor 04-29-20 G Approved by the Governor (Act: 17) 04-29-20 G Earliest effective date

SB 60

Phillips-Hill, Kristin (F)(R) Amends Title 18 (Crimes and Offenses) and 42 (Judiciary), in human trafficking, providing for the offense of trafficking in individuals and for the offense of patronizing a victim of sexual servitude.

Bill History:

01-29-20 G Press conference held 02-05-20 G Approved by the Governor (Act: 1) 04-05-20 G Earliest effective date

SB 67

Ward, Judy (F)(R) Act authorizing Pennsylvania to join the Psychology Interjurisdictional Compact; providing for form of compact; imposing additional powers & duties on the Governor, the Secretary of the Commonwealth and the Compact.

Bill History:

05-06-20 G In the hands of the Governor 05-08-20 G Approved by the Governor (Act: 19) 07-07-20 G Earliest effective date

Amends Title 68 (Real & Personal Property), in creation, alteration & termination of condominiums, for contents of declaration & all condominiums & for amendment of declaration; in management of the condominium, for bylaws.

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SUMMER 2020 BULLETIN

HB 1076

PA CHIEFS OF POLICE ASSOCIATION

LEGISLATIVE REPORT: ALL BILLS SIGNED INTO LAW THIS YEAR

SB 422

Vogel, Jr., Elder(R) Amends the PA Election Code, in county boards, for powers & duties; in electronic voting, for forms, for procedures; in prep. for & conduct of primaries & elections; providing for emergency provisions for 2020 General Primary Election.

Bill History:

03-25-20 G In the hands of the Governor 03-27-20 G Approved by the Governor (Act: 12) 03-27-20 G Earliest effective date

SB 432

Phillips-Hill, Kristin (F)(R) Amends the Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP) Act, further providing for access to prescription information.

Bill History:

02-06-20 G In the hands of the Governor 02-12-20 G Approved by the Governor (Act: 8) 02-12-20 G Earliest effective date

SB 690

Hutchinson, Scott(R) Amends the act entitled, "An act relating to and regulating the contracts of incorporated towns and providing penalties," further providing for power to convey.

Bill History:

01-27-20 G In the hands of the Governor 02-05-20 G Approved by the Governor (Act: 2) 04-05-20 G Earliest effective date

SB 691

Hutchinson, Scott(R) Amends The Second Class Township Code, in corporate powers, further providing for real property.

Bill History:

01-27-20 G In the hands of the Governor 02-05-20 G Approved by the Governor (Act: 3) 04-05-20 G Earliest effective date

SB 692

Hutchinson, Scott(R) Amends Titles 8 (Boroughs & Incorporated Towns) and 11 (Cities), in corporate powers, further providing for real property; and, in corporate powers, further providing for city property and affairs.

Bill History:

01-27-20 G In the hands of the Governor 02-05-20 G Approved by the Governor (Act: 4) 04-05-20 G Earliest effective date

SB 751

Aument, Ryan(R) Amends the Public School Code, in professional employees, further providing for rating system & for persons to be suspended & providing for a revised rating system; & in terms & courses of study, for pandemic of 2020.

Bill History:

03-25-20 G In the hands of the Governor 03-27-20 G Approved by the Governor (Act: 13) 03-27-20 G Earliest effective date

SB 841

Martin, Scott(R)

Bill History:

04-16-20 G In the hands of the Governor 04-20-20 G Approved by the Governor (Act: 15) 04-20-20 G Earliest effective date

Amends Title 35 (Health & Safety), for the Health Care Cost Containment Council, for powers & duties, for accountability, for COVID-19 disaster emergency, for general authority of political subdivisions.

3905 North Front Street, Harrisburg, PA 17110 • Tel: (717) 236-1059 • Fax: (717) 236-0226 • Web Site: http://www.pachiefs.org

We are excited to announce that Cody Systems Inc. is partnering with the PA Chiefs to offer each member agency one (1) license for search access of the PA SuperCOBRA Network AT NO COST through the end of 2020.

The PCPA has enjoyed many successes since our founding in 1914. We believe opportunities exist to increase our services, strengthen relationships and to create new partnerships. Our values: integrity, professionalism, leadership, and courage have remained constant; ensuring relevance in a changing environment. Our premier 5 shield sponsor Cody Systems, Inc. (CODY), a family owned, privately held and managed Pennsylvania based company provides end-to-end software and data management, integration, and exchange solutions for public safety and public sector agencies. They were founded on those values and have remained committed to quality and service in law enforcement and public safety services. Our shared missions and partnership promote excellence in public safety services. We are advocates for law enforcement and committed to innovative programs and training. This COBRA network is providing vital potential COVID and other potential health-related risk alerts to frontline personnel during this time of crisis, through the company’s #HealthRisk initiative. Read more about this here. Over 200 agencies in PA are already apart of this real-time data-sharing network. If your agency is not, now is the time to act and join. It doesn’t matter what RMS system you use. COBRA is sharing data from most leading RMS vendor systems across the state. Our recent PCPA Bulletin (Spring 2020) featured an article reviewing the PA SuperCOBRA. We have attached the article so you can learn more about this exciting statewide initiative. Each COBRA network links police departments within a specific county or multi-county region. While allowing each agency to maintain its RMS data and access privileges, COBRA brings all of this information together and creates a network that allows authorized users from all participating agencies to search for information from any other participating agency - at the station or in the field! It is PCPA’s vision to be regarded as the leading resource for professional law enforcement leadership and the respected voice for Pennsylvania’s law enforcement community. CODY is the regarded as the leader in data driven solutions in Pennsylvania. The PCPA welcomes the challenge of supporting another decade of continued leadership excellence for Pennsylvania police executives, the law enforcement community, and the citizens of Pennsylvania. CODY, one of the most highly respected software providers in the market, is dedicated to honor, integrity, innovation, creativity, determination, and a 'people-first' philosophy - the "CODY way".

Scott L. Bohn

Executive Director Pennsylvania Chiefs of Police Association

SUMMER 2020 BULLETIN

Pennsylvania Chiefs of Police Association

CODY: EXECUTIVE Q&A WITH CHIEF DAVID STEFFEN OF THE NORTHERN LANCASTER COUNTY REGIONAL POLICE DEPARTMENT

Executive Q&A with Chief David Steffen of the Northern Lancaster County Regional Police Department At CODY, we believe that the real test of our software is how it supports the missions of the departments who use it every day. In this Executive Q&A, we talk to Chief David Steffen of Northern Lancaster County Regional PD, CODY user since 2018. 1. Where is your department located? The NLCRPD departmental headquarters is a modern police facility located at 860 Durlach Road in Clay Township. We also operate substations in East Petersburg Borough, Warwick Township, Penn Township, and at the largest auto auction facility in the world at the Manheim Auto Auction. 2. What is the size and structure of the department?

PA CHIEFS OF POLICE ASSOCIATION

We are a full-service police agency as defined by the DCED standards, our team employs only full time sworn officers and features 31 full time officers including 20 patrol officers, 4 Corporals, 2 Sergeants, 3 criminal investigators, 1 Lieutenant, 1 Chief of Police. 1 Community Service Officer, 1 Administrative Assistant, 2 Support Service Unit members and 4 Educational Services Unit members. In 2019 the NLCRPD attained accredited status with the Pennsylvania Law Enforcement Accreditation Commission. Our team provides high quality police services for over 42,500 citizens who reside in Clay Township, Penn Township, Warwick Township, and East Petersburg Borough in Lancaster County. Our jurisdiction is over 100 square miles and including diverse rural, commercial, residential, high-density housing and recreational / conservation areas.

Chief David Steffen, Northern Lancaster County Regional Police Department

afforded the unique opportunity to design and build a regional police agency from a zero-based starting point. Prior to appointment to this position I was a member of the Northern York County Regional Police Department for over 28 years in a wide array of operational and administrative capacities.

3. How long have you been Chief of Police at Northern Lancaster County Regional PD?

4. What motivated you to choose a career in LE?

Our agency was founded in 2012, I was selected to be the first Chief of Police for the new agency and was

I started out with the goal of becoming a police officer and attending law school. The challenge of advancing police

Sgt. Rodney J. King, Northern Lancaster County Regional Police Department

services in a regional police setting was so rewarding, all other career options faded in attractiveness. Really - what other career allows skill development and application across as wide a variety of disciplines as professional policing. 5. What is the mission of NLCRPD? (this is directly from our field guide) We the members of the Northern Lancaster County Regional Police Department value our community, the rule of law, and understand and accept the responsibility of the protection of our community, and the citizens we serve. We understand the responsibility of providing the communities we serve with the highest level of police services in the spirit of inter-municipal cooperation. We embrace the traditions of the past and use technology of the future to accomplish our mission. We understand that police services need to have accountability, transparency, and a professional basis of delivery in order to earn and preserve the public trust. We the members of the Northern Lancaster County Regional Police Department accept these defining principles as we strive to complete the police mission.

6. In what ways have you used modern technology to support that mission? From the outset the NLCRPD goal was to provide remote reporting and web-based applications to accomplish our mission. The agency planned for success on a strategic level and technology utilization was a large part of our ultimate objective. As a part of this process, the agency implemented e new RMS platform from CODY Systems that allowed integration of data from all available technology into the RMS for both reporting and analytics. This required the ability of the RMS to process body worn camera, mobile vehicle recorders, taser cameras, and computer aided dispatch data while being able to search integrated information systems on a regional basis. the total solution also included integrated electronic traffic ticketing solutions, geo-fencing, and Live scan and CPIN compatibility within the NLCRPD headquarters-based booking facility. One of the value-added facets CODY has provided is the analytics and crime analysis tools available â&#x20AC;&#x201C; features you wouldnâ&#x20AC;&#x2122;t expect from an RMS platform. In a regional service delivery scheme, effectiveness requires the ability to provide specific data, time metrics, and other measurable outcomes. CODY has proven to be reliable CONTINUED ON NEXT PAGE

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CODY: EXECUTIVE Q&A WITH CHIEF DAVID STEFFEN OF THE NORTHERN LANCASTER COUNTY REGIONAL POLICE DEPARTMENT

Cpl. Administrative Support Services Gail Obetz, Northern Lancaster County Regional Police Department

Adam Webber, Northern Lancaster County Regional Police Department

and flexible in providing this solution. In addition, CODY has allowed the NLCRPD to create templates for reporting that meet all of our policy and PLEAC standards in an easy to use application that merges well with our Power DMS policy and accreditation platform.

There have been challenges in development of screening directives for employees, prisoners, and other needs specific to the COVID-19 pandemic.

7. Are there technology initiatives you are looking to spearhead in the near future? Almost all agency applications are cloud based, including our RMS system, and we intend to continue in that direction, while we have achieved many of our objectives, utilization of CODY and AXON with integrated data from our LPR platforms and other applications is being focused upon for expanded use and measurable outcomes. Our agency plan means that we will be expanding our current five-year initial service agreement for RMS and look inward to increased utilization of the many tools CODY has available for patrol officers, criminal investigators and administrators alike.

PA CHIEFS OF POLICE ASSOCIATION

8. How has your agency responded to the challenges presented by the COVID-19 pandemic? There have been challenges in development of screening directives for employees, prisoners, and other needs specific to the COVID-19 pandemic. The ever-changing accomplishing of these tasks particularly in the early days of March into April required constant monitoring of best practices and a wide array of information. Thankfully, we were able to leverage our investment if CODY RMS to create unique reports and update our agency codes used throughout the system to measure COVID-19 related events. This data is used for reporting and community awareness and engagement as it was

released on the agency web page for public understanding of various dates, and have now become a standard part of the agency monthly reporting procedures. 9. What is the most rewarding part of your job? Enjoying the scope of community engagement, cooperation, and expansion of intermunicipal cooperation beyond the police services delivery field. Personally, the greatest reward is observing the professional development of officers and the agency, while keeping the job both rewarding and exciting, and requiring active engagement of agency members in a team-based environment from my leadership position. Encouraging change, thinking outside the box and looking forward for great things from a personal and agency perspective from our dedicated team is an agency expectation as we move forward. To learn more about this project, please feel free to contact Chief Steffen at SteffenD@nlcrpd.org. Visit CODYâ&#x20AC;&#x2122;s website: www.codysystems.com or give us a call 610.326.7476.

PCPA partner, Mirimont Treatment Center, has been a lifeline for our first responder community. Wellness in our profession is critical to the law enforcement mission and the safety of the public we serve. Mirimontâ&#x20AC;&#x2122;s VIPER program helps first responders relate to whatever is happening in life purposefully and directly, without judgment. Through the practice and treatment patients become more aware, which helps them to work through whatever issues are contributing to their problem/addiction. Sober Shield is open to all first responders not only Mirmont Alumni.

POLICE HIRING AND PROMOTIONS IN THE COVID ERA

Police Hiring and Promotions in the COVID Era The world has seemingly shut down. Most professions and jobs have stopped. Policing, as we know, has not.

PA CHIEFS OF POLICE ASSOCIATION

Since our profession continues to work as hard as ever, we still need to conduct the many HR duties that keep us moving in the right direction. Employment needs such as hiring, and promotions must still occur. Unfortunately, traditional methods to accomplish these tasks simply do not work in this environment. The Pennsylvania Chiefs of Police Association has been working hard to find new methods to fulfill our HR needs. Our solutions need to be slightly different and yet also reliable, viable and valid. It is undeniable that hiring and promoting officers is one of the most important decisions that any department can make. We need to continue to accomplish these processes and to do it well. Entry-Level WRITTEN EXAMS â&#x20AC;&#x201C; Stanard & Associates, the firm that provides us with our exams, now has an option to allow the candidate to take their exam on-line at the location of their choice. The need to maintain a secure process is accomplished in

several ways. First, it is recommended that the candidate be advised that as part of the entry-level process, they may be asked to submit to a polygraph test to determine if they followed the security rules on their exam. Secondly, the teleconference product Zoom is available as a tool to observe the candidates as they take their exam. For a price of $14.99, the department can purchase unlimited use of this tool for one month. Testing on-line is no longer new or different. Colleges both large and small are using on-line testing with very good results. Promotional ORAL BOARDS â&#x20AC;&#x201C; Policing has always revolved around the idea that the best interviews are always in-person. Can we accomplish employment interviews using a teleconferencing tool? The Association believes that we can because we have and all with good results. This is how it works. PCPA has purchased unlimited Zoom time. We

send an email to the agency who is conducting the promotional process. The email contains a link that makes the connections and begins the process. The only technical equipment needed is an audio and web camera; normally found in the basic laptop. The agency would handout the questionnaire packets and handle the administrative side of the interviews. Our (3) assessors would remain at our offices in Harrisburg and view the candidates via a large projection screen. For the department that needs to interview entry-level officers, I would suggest using the same method. The candidate can be interviewed at a location that they choose. Making sure that their wi-fi can handle the teleconference process would be imperative. For additional information, please go to our website at the following: Website Link for Testing Information - https://www.pachiefs. org/testing-consulting, or contact Testing & Consulting Coordinator Greg Bean, gbean@pachiefs.org, or 717.236.1059 x107.

SUMMER 2020 BULLETIN

PowerDMS: REFLECTIONS ON OUR PANDEMIC RESPONSE

Reflections on Our Pandemic Response And how we are preparing for whateverâ&#x20AC;&#x2122;s to come. By: Heather Sorensen, Director of Human Resources at PowerDMS

Leading through COVID-19 has been one of the most difficult challenges in my 20-year career as an HR professional. As an essential service for over 3,000 public safety agencies, we have spent a lot of time and resources as a company to ensure our software, IT infrastructure, and internal tools are all secure, cloudbased, and have fail-safes in place. As an Orlando, Florida-based company, we already had crisis plans for hurricanes and 100% remote work capabilities. In some ways, we had been preparing for a crisis for years, but we never imagined the need for a pandemic plan. The good news was, much of our existing crisis planning served as the framework for our COVID-19 response, and my hope is that yours will too.

PA CHIEFS OF POLICE ASSOCIATION

As a friend and family member of first responders, I have a glimpse into the pressures and challenges you face daily serving our communities. I am grateful for your work and hope these reflections and tips on how PowerDMS responded to the pandemic will be of service to you and your agency.

Reflection #1 In the presence of silence, employees will form their own narrative. At PowerDMS, we use an internal messaging system called Slack for both one-on-one and non-policy and procedure-related communication. Once COVID-19 hit, we realized our employees were using Slack exponentially more for one-on-one conversations than before, and we had no visibility into what they were saying.

As a leadership team, the last thing we wanted was for misinformation to spread or for our employees to start forming narratives about what was happening. We knew we had to take control of the conversation in a way that was visible and transparent to everyone. The first thing we did was create a cadence of communication and posted everything in our own PowerDMS site for our employees to attest to. Because information was changing so quickly, we made sure we only spoke about what we did know and were open and honest about the things we didn't. As leaders, our tendency is not to talk until we know all the facts, but with something as impactful and fast-moving as COVID-19, silence was more dangerous. Being honest about what we didn't know meant our employees didn't need to go out and find answers, but they would receive them as soon as we had them.

Reflection #2 Where and how we communicated mattered. As a cloud-based company, we have many tools at our disposal to communicate with our staff, including email, Slack, and PowerDMS. While email and Slack are great communication tools, they weren't the right tool for critical pandemic related communications. We knew we needed visibility into whether or not our employees were reading what we disseminated. We also wanted a one-stop-shop for all things COVID-19, so there were no questions about where to find or reference information. While we have always used PowerDMS for policy updates and dissemination, we quickly realized we

PowerDMS: REFLECTIONS ON OUR PANDEMIC RESPONSE

Moving forward in this new reality COVID-19 has undoubtedly changed how we do business and will continue to do so in the foreseeable future. Each week brings new challenges and pushes me to grow and learn new things every day.

needed to create a COVID-19 folder to host new policies, handwashing training, leadership updates, and more. With our tool, we had documentation and certainty that everyone received the same message because they were electronically signing off on COVID-19 content. Another critical component we considered throughout this process was the frequency and format of our updates. With a predominately millennial workforce, more frequent, yet concise communication was far more effective than a lengthy memo. Consider the different generations represented in each level of your agency and how they best receive information before hitting send. We also noticed that our employees were reading and signing off on policies before I could even send out an announcement. It was clear our employees were hungry for information and had downloaded the PowerDMS mobile app to receive real-time notifications. Mobile capabilities and push notifications are a must when communicating with younger generations.

Reflection #3 Keep what is most important to your employees at the forefront. As leaders, we have to balance dozens of competing priorities each day. Sometimes what is most important to us isn't always what is most important to our employees. One thing that has been made clear to me during this crisis is that if our employees don't feel safe, they can't do their jobs. As a software company, this isn't a reality we often face, but it is something you, as law enforcement professionals, know very well. Before we communicate updates or make changes to our policies and procedures, we keep our employee's safety and wellbeing at the forefront. Additionally, we try and always communicate how the crisis or the changes we make will impact them. While we may

Whenever we roll out a new software feature for PowerDMS, our development team does a retro to reflect on what went well and what they can do better the next time. Learning from our developers, our pandemic response team will meet at least twice to retro on our pandemic response. We have already begun documenting what worked well and the things we can do better in the future. We will be creating new SOP's including one for how our response team will operate moving forward. This evaluation process will put us in an even better position to respond swiftly and effectively if there is a second wave of infection. While none of us know what the future will bring, we can continue to assess and review our policies, procedures, technology, and communication platforms. As I mentioned in the beginning, our hurricane crisis response plans provided us a robust framework and foundation for responding to COVID-19. Our own software tool, PowerDMS, served as the most effective platform for disseminating and tracking policy changes, training, and leadership updates to our employees. I hope these reflections will serve your agency as you move forward in this new reality. Speaking for myself and the entire PowerDMS team, thank you for the work that you do to serve our communities each day. Be safe, and please do not hesitate to contact us if there are ways our software can better help your agency. About PowerDMS: Founded in 2001, PowerDMS offers a cloud-based compliance management solution that helps over 3,000 public safety organizations, including over 200 in Pennsylvania, reduce risk and liability, protect reputation, increase efficiency, and save lives. The company provides software tools to organize and manage an agency's critical documents and industry accreditation standards and allows for training and testing of employees. Headquartered in Orlando, Florida, PowerDMS employs over 115 people who work and reside in twelve states.

SUMMER 2020 BULLETIN

answer to cities, mayors, or investors, at the end of the day, we are people leading other people. If our communication doesn't articulate how a change will impact our employees personally, it will not produce the desired results.

LEXIPOL: MISSION-CRITICAL SOLUTIONS FROM PEOPLE WHO KNOW WHAT IT MEANS TO SERVE

Lexipol: Mission-Critical Solutions from People Who Know What It Means to Serve Created in 2003 by two attorneys (and former law enforcement officers), Lexipol was born from a vision of a better, safer way to run a public safety agency. It was a perfect combination: Bruce Praet’s courtroom experience representing public safety agencies and Gordon Graham’s foundation in risk management principles, including a unique approach to training he created while at the California Highway Patrol. From that foundation, Lexipol grew to form an entire risk management solution for public safety and local government. We started by developing comprehensive, continuously updated policies for public safety agencies. Then we added services such as such as online training, grants and an electronic policy management platform, as well as the digital communities PoliceOne, FireRescue1, CorrectionsOne, EMS1 and EfficientGov.

PA CHIEFS OF POLICE ASSOCIATION

Today, we serve more than 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries.

What we do Our solutions combine content and technology to keep communities and first responders safe. They include: Policies and Updates • State-specific policies, fully developed and continuously updated • Training bulletins to reinforce policy understanding • Policy implementation services • State-of-the-art policy management platform • Electronic policy acknowledgement tracking

Online Learning • Full courses and microlearning videos • Certified training provider/continuing education acceptance • Full-service LMS with electronic reporting, tracking and training management • Ability to upload and assign agency-specific training content Grant Services • GrantFinder: A real-time, online grant research tool • Grant Writing Services: Personalized consulting and grant application development • Grant Assistance Platform: Continuous pre-award grant assistance Digital Communities • Public safety and local government news and analysis

• Rapid response coverage • Product research • Instructional guides

keep up with research and reports influencing public safety and local government best practices. When a policy update is needed, we create it for you. When new challenges arise—such as COVID-19, the opioid epidemic or an increase in active shooter events—we jump into action, creating online resources and training to prepare your personnel to meet these risks. So you can spend more time focusing on operational priorities and less time worrying whether your policies and training are up to date.

One source to help you… • Reduce risk • Enhance safety • Save time and money • Streamline training management • Simplify policy management • Improve compliance and accountability • Identify available funding • Stay up to date on industry news and trends

Trusted by big & small

Thousands of years of experience on your side We’ve grown a lot from those first days when Bruce, Gordon and few other early believers wrote and researched policies on their days off. Today, Lexipol is backed by the expertise of more than 320 people,

Community protection comes in all sizes. That’s why we designed Lexipol’s policy and training solutions to work with agencies big and small and those in between. Our smallest customer has only a couple personnel, but they’re just as important to us as our customers that employ thousands. We partner with more than 8,100 public safety agencies and municipalities across the United States—law enforcement agencies, career and volunteer fire departments, EMS agencies corrections facilities, juvenile detention facilities, probation departments and local government organizations just like yours.

Providing you peace of mind Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues related to policies and training that create substantial risk, including: including public safety professionals and legal experts with more than 2,075 years of combined service. Our policy and training content developers have experience in constitutional law, civil rights, ADA and discrimination, labor negotiations, Internal Affairs, use of force, hazmat and a whole lot more. That means no more trying to figure out policy and develop training content on your own. You can draw on the experience of our dedicated team of individuals who have researched, taught and lived these issues.

On top of industry changes—so you don’t have to be When laws and trends change, your policies and training need to change, too. Our content development teams monitor for new legislation, statutes and case law on the state and federal levels, looking for anything that impacts policy and training content. They also

• Inconsistent and outdated policies • Lack of technology to easily update and issue policies and training electronically • The struggle to keep up with new and changing legislation and practices • Inability to produce policy acknowledgment and training documentation • Unfamiliarity of city legal resources with intricacies of public safety law If you can relate to these issues, you are not alone— and we have a solution designed just for you. Plus, through our partnership with the Pennsylvania Chief of Police Association, you’re eligible for special member savings. Contact Nick Camacho, your Lexipol Pennsylvania Representative, today at (469) 553-0665 or ncamacho@lexipol.com to learn more!

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LEXIPOL: MISSION-CRITICAL SOLUTIONS FROM PEOPLE WHO KNOW WHAT IT MEANS TO SERVE

TECHNOLOGY UPDATE

Technology Update By: Christopher J. Braun MSIT, PCPA Technology Coordinator

PA CHIEFS OF POLICE ASSOCIATION

Working in the new Environment

Without a doubt COVID-19 has changed all our lives. The past several months can be described in terms like dangerous, scary, worst depression ever and closed. We learned new terms like social distancing, mitigation, PPE and self-quarantining. Despite all that was going on, police work continued and had to adapt to this new environment. The same was true with all our programs and projects at PCPA. We had to adapt to this new environment. We had to rapidly make changes to safeguard staff, those we service and the public, and to continue to deliver the same level service to our members. The first personal change I made was to correct social distancing to mean physically distancing and socially engaging via a distancing media, phone, email, text messaging, and video meetings. The office staff had to work remotely and rotate any

necessary office duties to keep those physically distancing standards. This enabled us to keep our online training through the Pennsylvania Virtual Training Network (PAVTN) not only operational but ready for the increased demand. While staying safe for us was way different than for you on the front lines, we salute you and hope you can stay safe. For our part, wherever and whenever, we will try to support our members, their departments, families and the citizens of our Commonwealth. PAVTN

As expected, the months of January, February and March were busy with all those officers that wanted to get their annual training requirements done early in the year. The 2020 MPOETC courses. Legal Update 20-001, Explosive Devices 20-002,, Operational Planning 20-003 and Personal Leadership 20-004, were averaging over four thousand users a month. Now with the academies and schools closed, we are seeing aa

20% increase in the number of users taking their courses online. Our work with MPOETC on next year’s MIST and other courses has not been stopped by the pandemic either. PCPA’s staff, MPOETC’s staff, MPOETC’s committees, our training partners and subject matter experts all continue working while staying safe at their homes. Everyone involved in creating and delivering our online courses has committed to meeting the increase demand, overcoming any obstacles and staying on schedule for future courses. On May 19, 2020, the PAVTN will not be available for the day, while we deploy a new server. This is the first time in five years that the PAVTN has been unavailable for a day. It is necessary to keep us technically updated and improve the service. The PAVTN will be available again on May 20, 2020. Do not be a procrastinator get your training done. It is not clear if you can take physical classroom instruction anytime soon. The PAVTN has won many awards for the training it delivers. If you never tried online learning, now is the time to try it. The PAVTN provides several great electives for you to fulfill your certification requirements. For more information or to register for training

TECHNOLOGY UPDATE

Forensic Evidence Grant

PCPAâ&#x20AC;&#x2122;s grant from the Pennsylvania Commission on Crime and Delinquency to bring a greater emphasis on forensics did have a set back because of the pandemic. We had scheduled two days classroom training on the forensic examination of digital video evidence on April 6th and 7th. The original design of this class had 40 officers and 20 computers in the room together with aids and instructor. This obviously violates the physically distancing standard and it is more than can be allowed to gather. As with many other things in our new environment, it was cancelled. However, it is not forgotten, and it is still in our grant plan. This grant currently runs to September 30, 2021 and conditions may change next year to allow us to conduct this training. We are also exploring the possibility of finding a large enough venue with a computer for every officer to meet the physically distancing standards. The purpose of this grant is to help police departments be better equipped and trained to process crime scenes and collect evidence. This project supports improving the quality and frequency of collected latent evidence from crime scenes across the Commonwealth. Through a sustained effort of training, equipment, and agency executive

support, a collaborative enterprise can be substantiated to educate and equip larger police departments, District Attorney Offices, Sheriff Offices, and/or regional partnerships (for the smaller agencies) to employ the latest discovery, collection, preservation, and development tools for processing latent evidence. PCPA had expected to start providing training and delivering crime scene kits this spring and early summer. The pandemic has delayed the start because the normal way of attending class to be trained on the use of the material in the kit is not possible. However, this is just temporary until either pandemic restrictions change, or we find larger venues were physically distancing standards can be met. Another idea being explored is using a blended learning methodology. Some training would be delivered online. This would lessen the classroom time so two smaller classes with physical distancing could be held in one day. Mobile Fingerprint Identification Devices The PCPA Mobile Fingerprint Identification Project is still operating.

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on the PAVTN please email me at cjbraun@comcast.net.

However, we are not delivering any device and we are not doing the usual in person training. Training on the devices is available on the PAVTN. Hundreds of uses proved the effectiveness of these devices identifying suspects in the field that do not have other identification. In some cases, wanted persons were discovered in others new crimes were both identified and prevented. In the month of April 818 inquiries were made through our 289 deployed devices. While the grant funding is gone, there are still a few refurbished devices available for just the annual operating cost of $990. That provides the device, full system/device maintenance and one year of secure cellular service. Any department interested can see the requirements on our web page https://pcpa.memberclicks.net/ mobile-fingerprint-id or contact me by email cjbraun@pachiefs.org.

The past several months can be described in terms like dangerous, scary, worst depression ever and closed. We learned new terms like social distancing, mitigation, PPE and self-quarantining. Despite all that was going on, police work continued and had to adapt to this new environment. The same was true with all our programs and projects at PCPA. We had to adapt to this new environment. 41

Upcoming Conference

PCPA’S 108th Annual Education and Training Conference

July 18-21, 2021 Kalahari Resorts and Conventions – Pocono Mountains, PA

Join fellow law enforcement executives and other dedicated law enforcement colleagues and partners at PCPA 2021 – you will have an opportunity to make valuable connections, discuss new ideas and further your knowledge, strategies and solutions needed to sharpen your edge and better serve and protect. So, save the date and join us!

What to expect at this Conference: • Keynote Presentation • Powerful Education & Training

Presentations • Exciting Exhibitions • Annual General Association Business Meeting • Annual Installation Banquet & Reception • Live Entertainment • Hospitality from 9 – 11 PM Every Night • Activities & Special Events for Spouses & Children • President’s Reception & Dinner

P E N N S Y LV A N I A CHIEFS OF POLICE ASSOCIATION

APPLICATION TYPE:

APPLY ONLINE!

oA ctive Membership $150 per year plus $100 Initiation Fee ($250 to accompany application) oA ffiliate Membership $150 per year plus $100 Initiation Fee ($250 to accompany application)

3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org ¨ CHECK HERE FOR A MAILED COPY OF THE BULLETIN...$25 PER YEAR Please type or print clearly.

APPLICANT INFORMATION

RECOMMENDING MEMBER

Full Name of Employer_______________________________

Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.

Office Address _____________________________________

Recommending Member Name and Title:

________________________________________________

Name____________________________________________ Rank ___________________________ Date of Appt_______

________________________________________________ County _____________________ Phone ________________

Department Name and Phone Number: ________________________________________________

Fax ___________________ Email _____________________

APPLICANT DEPARTMENT INFORMATION

Are you a sworn police officer? Y or N

Provide the number of sworn police officers in your department

Full time police officer in above department? Y or N

Full time ___________ Part time __________

MPOETC # ________________________________________ If not applicable, please explain why MPOETC number is not

If industry, number of security officers under applicant’s command ___________

present ___________________________________________

If other, state nature of business in relation to law enforcement

________________________________________________

Residence Address _________________________________

________________________________________________

________________________________________________ County ____________________ Region ________________ Date of Birth _______________ Phone _________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N

If yes, explain on a separate sheet of paper and attach to application form. Signature of Applicant: ______________________________________________________

MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date _______________________

MEMBERSHIP QUALIFICATIONS

Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.

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Summer 2020

Articles inside

Technology Update

Stanard: The Pennsylvania Chiefs of Police Testing Program

Lexipol: Mission-Critical Solutions from People Who Know What It Means to Serve

CODY: Executive Q&A with Chief David Steffen of the Northern Lancaster County Regional Police Department

PowerDMS: Reflections on Our Pandemic Response

Police Hiring and Promotions in the COVID Era