PCPA Bulletin Winter 2015

INSIDE THIS ISSUE:

PHILADELPHIA POLICE DEPARTMENT ACHIEVES ACCREDITATION LEGAL UPDATES WHY I WEAR THE BADGE 2016 ANNUAL CONFERENCE REGISTRATION FORM OPOID EPIDEMIC WORSENS BODY ARMOR FOR DIFFERENT SECTORS OF LAW ENFORCEMENT TECHNOLOGY UPDATE PCPA APPAREL & ORDER FORM, ORDERS DUE 01/15/2016!

BULLETIN PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION

USPS 425940 • ISSN 0031-4404

WINTER 2015 - VOL. 117; ISSUE 4 IN THIS ISSUE

13

ON THE COVER

ARTICLES

Pennsylvania Law Enforcement Accreditation Assessors evaluate Philadelphia Police Department.

L-R: Lieutenant Steve Clark, PPD Accreditation Manager, Assessor Regina O’Hara, Assessor Mikael Mastroianni, Philadelphia Police Commissioner Charles Ramsey, Assessor Thomas Gross, Assessor Thomas King.

See page 9 for story.

ARTICLES

7 Welcome to Our Newest Accredited Agencies

8 9

17

PCPA Member Services OVER STORY: Philadelphia Police C Department Achieves Pennsylvania Law Enforcement Accreditation

9 Save the Date: 12

Annual Pennsylvania Law Enforcement Accreditation Training Conference th

14 103

24

COLUMNS & DEPARTMENTS

Annual PCPA Education & Training Conference Registration Form rd

15 Streamlining Your Application Process Without Cost to Your Department

16 Opoid Epidemic Worsens 17 Results from the 2014 National Survey on Drug Use and Health

19 Body Armor for Different Sectors of Law Enforcement

20 Assaults on Officers on Domestic Violence Calls

22 Methadone MDAIR 24 Fatal Crashes and Driving Drowsy 26 Social Media and Officer Discipline-

4 President’s Message 5 Executive Director’s Message 6 PCPA Executive Board and Committees 6 PCPA Staff 6 New Members 10 The Chiefs Legal Update 23 Technology Update 25 USPS Statement of Ownership, Management, and Circulation

27 PCPA Products!

28 PCPA Clothing Order Form Must order by January 15, 2016

Criticizing Agency Leadership

13 Why I Wear the Badge Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (March, June, September and December) 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 and goals, news items, PCPA upcoming events and legal issues. PCPA Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o R. Dane Merryman, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to dmerryman@pachiefs.org.

PRESIDENT’S MESSAGE

DEAR PCPA MEMBERS, This is a very special time of year when we take the opportunity to reflect on the past and look forward to the future. Recent events involving law enforcement and the public will definitely influence policing in the future. Our association can be key in helping our members prepare by providing services and programs that share best practices guidance, operational support, training, and the benefit of peer networking. The policies and practices of our accreditation program serve as compass to guide any size agency into the future.

According to The Final Report of the President’s Task Force on 21st Century Policing, “To be effective in an ever-changing world, training must continue throughout an officer’s career.” Our online training program, PA VTN, is a cost effective solution that addresses MPOETC mandatory training content and many timely elective courses.

Enrolling an officer in the virtual training network not only provides access to top shelf training but also mitigates scheduling adjustments and overtime expenses.

Although it feels as if we have just returned from our training conference in Lancaster, planning is well underway for July ’16. Our Executive Director tells me our training content for the Erie conference is coming together to provide excellent learning opportunities for attendees.

If you have never been to Erie, you are in for a treat! It is a true destination city. Our hotel is right on the water. There are excursions, wineries, and historical sites, like the replica

4 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

of Admiral Perry’s Battleship Niagara, close by. Our hotel is extending our group rate to include two days before and two days following the conference. You might consider coming early or staying after the conference.

Soon our Executive Director will be leaving us. It has become part of my weekly routine to speak with Dane both in person and by phone. In wishing him the best in the future, I must express sincere thanks on behalf of the Association and myself. Dane has worked to improve the footing of the association and to extend our services. To me, he has become both a friend and mentor. It is difficult to express just how appreciative I am. A simple ‘thank you’ will have to do.

Merry Christmas and wishing you the very best in the New Year.

Bob Jolley PCPA President, 2015-2016

www.pachiefs.org

EXECUTIVE DIRECTOR’S MESSAGE

DEAR MEMBERS, Anyone who has seen or heard me talk about our Association, be it at the Annual Conference, a regional or county association meeting, or around the coffee pot, has probably heard me talk about the tremendous opportunities the Pennsylvania Chiefs of Police Association has to evolve and contribute to law enforcement’s professional mission in our Commonwealth.

Chances are, you have also heard me say police work is the best job in the world. I really believe that. In my heart, I will always be “on the job.”

Being an idealist, I still get all puffed up thinking about the nobility of our daily duties as police officers.

long relationship with many Pennsylvania organizations and their membership products.

You will be able to order from a wide variety of “branded apparel,” dealing directly with Levin.

We have included information on the new service in this issue of the Bulletin.

Speaking of our profession, lately I have been reading some great comments to the IACP blog, #Why I Wear the Badge. We have a link to the blog on our Association Facebook page, www. facebook.com/PACHIEFSOFPOLICE. I will bet you will enjoy this blog too.

I will be retiring from the PCPA at the end of 2015. I have been a member of the law enforcement community in one way or another for more than 40 years. It’s time. Serving as the Association Executive Director has been an honor and a privilege for me. Back in 1975, I never dreamed I would be concluding my career in such a position.

Here at Headquarters, we liked the blog so much we decided to ask our new members why they wear the badge. You will see some of their responses on page 13. #WhyIWearTheBadge is a campaign designed to highlight the diversity and commitment of the law enforcement profession. The badge is a symbol of courage, strength, and integrity.

With the display of the badge comes great responsibility. So why do hundreds of thousands of men and women wear the badge each day?

Through photos, videos, and other testimonials, law enforcement officers from around the world are sharing their stories and statements.

The reasons we wear the badge are as varied and unique as we are as individuals, but they all include the commitment to provide service above self.

I am happy to tell you we have a new vendor for our Association products. Levin Promotional Products is located in Harrisburg and has a www.pachiefs.org

As I think about leaving, I am reflecting on the many opportunities for PCPA to grow in numbers and services to our members. I think I feel a little sad to be leaving before completing everything I had hoped to, but then, there will always be new opportunities driving new initiatives. We can never really be finished in our pursuit of continuous improvement.

I know the Association is in good hands. Staff members at Headquarters are simply amazing, and the Executive Board will be bringing a new Executive Director onboard that is sure to provide the Association leadership our members deserve.

Wishing you the best,

R. Dane Merryman Executive Director PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 5

EXECUTIVE BOARD & COMMITTEES OFFICERS

BUDGET & PERSONNEL

Robert Jolley

Bob Jolley, Chair Jim Adams (C) Bill Richendrfer (NE) Dave DiSanti (W) Scott Bohn (SE)

President Chief of Police • Dallas Township

Mark Hall

1st Vice President Chief of Police • Clarion Borough

David Spotts

2nd Vice President Chief of Police • Mechanicsburg Borough

Scott Bohn

3rd Vice President Chief of Police • West Chester Borough

Albert Walker

4th Vice President Chief of Police • Hanover Township

William Kelly

Chairman Chief of Police • Abington Township

William Richendrfer

Secretary - 2017 Chief of Police • South Centre Township

David DiSanti

NEW MEMBERS

EDUCATION & TRAINING Mark Hall, Chair Bill Herkert (C) Al Walker (NE) Ken Truver, (W) Bill Daly (SE)

LEGISLATIVE Tom King, Chair Mike Beaty, (SE) Dave Spotts, (C) Bryan Kelly, (W) Ashley Heiberger, (NE) M Angelo Martin (C)

MEMBERSHIP/BYLAWS Ken Truver, Chair Dave Steffen, (C) Dave Hiester, (C) Leonard Mickavicz (NE) Mike Foltz (SE)

Treasurer - 2017 Chief of Police • Oakmont Borough

BOARD MEMBERS William D. Smith – 2017 Retired Chief of Police • Derry Township Police

ACTIVE Tyree Blocker Commissioner Pennsylvania State Police John Baker Chief of Police LLIU13 School Police Department Michael Woods Chief of Police McSherrystown Borough Police Department Curt McClain Chief of Police Coudersport Borough Police Department David Caplan Chief of Police Borough of Aspinwall Timothy O’Connor Chief of Police Municipality of Bethel Park

Thomas Gross – 2017

Chief of Police • York Area Regional Police

Howard Kocher – 2017

Chief of Police • Lehman Township

James Sabath – 2017

Chief of Police • Tinicum Township

Bill Daly – 2016

Chief of Police • Horsham Township

Larry Palmer – 2016

Chief of Police • Palmer Township

Ken Truver – 2016

Chief of Police • Castle Shannon Borough

James Adams – 2018

Chief of Police • Upper Allen Township

Michael Scott – 2018

Chief of Police • Baldwin Borough

Mark Toomey – 2018

Chief of Police • Upper Providence Township

PCPA STAFF R. Dane Merryman, Executive Director, dmerryman@pachiefs.org Alexandra Boutselis, Administrative Assistant, aboutselis@pachiefs.org Joseph Blackburn, Consulting and Member Services Manager, jblackburn@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org 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 Bill Gibson, Physical Fitness, fitcop@hotmail.com

6 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

www.pachiefs.org

WELCOME TO OUR NEWEST ACCREDITED AGENCIES

PHILADELPHIA CITY

SOLEBURY TOWNSHIP

HATFIELD TOWNSHIP

PHILADELPHIA COUNTY COMMISSIONER CHARLES H. RAMSEY

BUCKS COUNTY CHIEF DOMENICK BELLIZZIE

MONTGOMERY COUNTY CHIEF WILLIAM J. TIERNEY

THE FOLLOWING AGENCIES WERE RE-ACCREDITED AT THE PLEAC MEETING IN OCTOBER: Hampden Township Cumberland County Chief Steven R. Junkin

Duquesne University Allegheny County Director Thomas Hart

Susquehanna Township Dauphin County Director Robert A. Martin

FOR MORE THAN 30 YEARS, CARFAX HAS PARTNERED WITH THOUSANDS OF LAW ENFORCEMENT AGENCIES TO REDUCE CRIME AND KEEP COMMUNITIES SAFER. CARFAX HAS MORE THAN 12 BILLION VEHICLE HISTORY RECORDS AND RECEIVES MORE THAN 3.5 MILLION RECORDS EACH DAY FROM MORE THAN 76,000 SOURCES. USING DATA, WE PROVIDE SEVERAL NO-COST SOLUTIONS TO LAW ENFORCEMENT AGENCIES AND THEIR INVESTIGATORS. FOR MORE INFORMATION ABOUT CARFAX速, VISIT WWW.CARFAXFORPOLICE.COM. Matthew Simpson | matthewsimpson@carfax.com | 610-858-7304

www.pachiefs.org

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 7

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 web site, to keep our membership up-to-date and informed.

Please make sure your email address is current and correct so that you don’t miss out on pertinent information between magazines.

Your accurate information will allow us to better serve you!

Thank you!

8 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

www.pachiefs.org

PHILADELPHIA POLICE DEPARTMENT ACHIEVES PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION On October 21, 2015, after six years of effort and more than 100 policy and directive revisions, the Philadelphia Police Department was accredited by the Pennsylvania Law Enforcement Accreditation Commission during a meeting of the Commission in York County. Also receiving accreditation at the meeting were Solebury Township and Hatfield Township Police Departments.

With approximately 6,500 sworn personnel, Philadelphia PD is the largest of more than 1,100 police departments across Pennsylvania’s 67 counties. It is one of the most complex police departments in the state as well. The Pennsylvania Chiefs of Police Association, who provides the administrative support to the Commission estimates with Philadelphia’s accreditation, approximately 60% of Pennsylvania police officers are working in accredited agencies. The Philadelphia PD is now among 104 agencies across the state to be accredited.

For Philadelphia Police, accreditation means a nearcontinuous review of the best policies and practices in policing, as well as increased accountability, protection and consistency for officers throughout the department.

to comply with the 135 policing standards set by the Pennsylvania Chiefs of Police Association, and creation of seven new directives for Philadelphia Police officers, including one providing guidelines for interactions with transgender people and another that created a field development program to keep officers’ skills safe, Clark said. Revisions included enhancements to the way evidence and property collected by patrol officers are stored that saves officers more than 11,000 hours a year in trips to City Hall’s evidence room, Clark said, as well as a policy on transportation of wheelchair-bound prisoners. Officers are also required now to qualify at the shooting range with any weapons they carry off-duty, as well as with their service weapons.

The officers who worked on the accreditation said it doesn’t make the average officer’s job any more difficult and, in some cases, streamlined certain processes by improving or eliminating outdated paperwork that had been in use for decades. “It’s truly a great thing for the city,” Clark said. “It demonstrates the commitment we have.”

During the news conference at which the PPD’s accreditation was announced, Mayor Nutter called it a “crowning achievement” for outgoing Police Commissioner Charles Ramsey and the department. “The people of Philadelphia can rest assured they have a department that meets national standards,” Ramsey said.

Lieutenant Steve Clark, the department Accreditation Manager commented the achievement is a testament to officers’ “commitment, passion and dedication” to improving policing in the city. He said more than 100 policy and directive changes and additions required commitment of officers across the department.

The six-year accreditation effort involved revisions to approximately 63 percent of the department’s policies www.pachiefs.org

SAVE THE DATE Please save the date for the 12th Annual Pennsylvania Law Enforcement Accreditation Training Conference.

The Conference will be held from March 28 - 30, 2016 at the Red Lion Hotel Harrisburg East (formerly the Harrisburg East Holiday Inn), 4751 Lindle Road, Harrisburg, PA. For registration information go to www.pachiefs.org.

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 9

LEGAL UPDATES FOR LAW ENFORCEMENT

Provided by Chris Boyle, Esq. and reprinted with permission from Marshall, Dennehey, Coleman

Pennsylvania license plate beginning with the letters “ACG.” ..

While riding in a car with her mother the next day, …, Ms. Wagner thought she saw the vehicle. .. The two women followed the car to a parking lot, calling the police along the way. ... Once the driver exited the vehicle and Ms. Wagner was able to see him, she thought he looked somewhat similar to the man from the day before. ... they provided Defendant … with the full license plate number of the vehicle they had seen that day, Pennsylvania plate “JDG 4817.” ... ...

The officers ran the license plate number and subsequently created a photo array for Ms. Wagner to examine, including in the array the driver’s license photo for the owner of the vehicle observed earlier that day..

officer withholds a fact in his ken that any reasonable

Defendant presented the photo array to Ms. Wagner, asking her if she recognized any of the gentlemen in the photographs. .. Ms. Wagner picked out the photograph of Plaintiff by circling it and writing her initials next to it. … Defendant subsequently drafted an affidavit of probable cause in support of an arrest warrant for Plaintiff..

person would have known that this was the kind of

QUALIFIED IMMUNITY

…Omissions are made with reckless disregard “if an

thing the judge would want to know.”

ANDREWS V. SCUILLI, 2015 U.S. DIST. LEXIS 132829 (W.D. PA. SEPT. 30, 2015) For OFFICER ROBERT SCUILLI, Defendant: Estelle K. McGrath, Paul D. Krepps LEAD ATTORNEYS, Michaelene E. Weimer Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA. …According to the allegations in the Amended Complaint , David Andrews (“Plaintiff ”) was arrested and charged with a number of first degree misdemeanors, including but not limited to, stalking, luring a child into a motor vehicle, and corruption of minors. ... At a bench trial on June 17, 2013, Plaintiff was acquitted of all remaining … … The crux of Plaintiff ’s claim is that his arrest was made without probable cause.

Plaintiff asserts that, through omissions and false or misleading assertions, Defendant misrepresented the facts in his affidavit of probable cause submitted in support of Plaintiff ’s arrest warrant; facts that, if recited accurately, would have reflected a lack of probable cause. …

Unless otherwise noted, the facts that follow are undisputed or construed in the light most favorable to Plaintiff.

On November 25, 2012, Brooke Wagner, a fifteen-year-old girl, was walking home from a friend’s house when a man in a vehicle approached her and repeatedly asked her if she would like a ride. ... Ms. Thornton then notified the police...

Ms. Wagner told the officers that the man who approached her appeared to be about 35 years old with black/dark hair, and he was driving a 4-door red sedan with a

10 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

As an initial matter, Defendant argues that summary judgment is appropriate because he is immune from liability under the doctrine of qualified immunity. … ... Only “where the warrant application is so lacking in indicia of probable cause as to render official belief in [the] existence [of probable cause] unreasonable, will the shield of immunity be lost.” ..

Accordingly, the Court must first … determine whether probable cause existed.… i. Probable Cause Analysis …Omissions are made with reckless disregard “if an officer withholds a fact in his ken that any reasonable person would have known that this was the kind of thing the judge would want to know.” Assertions, on the other hand, “can be made with reckless disregard for the truth even if they involve minor details — recklessness is measured not by the relevance of the information, www.pachiefs.org

LEGAL UPDATES FOR LAW ENFORCEMENT but the demonstration of willingness to affirmatively distort truth.” Reckless disregard is found as to an assertion when, “the affiant must have entertained serious doubts as to the truth of his statements or had obvious reasons to doubt the accuracy of the information he reported.” … Only once a court establishes that there were omissions and/or false or misleading assertions does it turn to the question of materiality. ..

1. Omissions The Court first examines whether Defendant made any omissions. Plaintiff first argues that Defendant omitted from the affidavit that Ms. Wagner reported a partial license plate number on November 25th that was inconsistent with the license plate number she observed and reported on November 26th… The Court agrees with Plaintiff that this is exactly the type of information that an affiant had “in his ken” about which a judge would reasonably want to know...

2. False or Misleading Assertions …Plaintiff contends that Defendant knew or had reason to know that his affidavit was untrue because all of the information Defendant relied on in his affidavit of probable cause came from Ms. Wagner and, Plaintiff argues, Ms. Wagner is not credible. ... The Court disagrees.

Defendant was justified in including a victim’s adamant statements regarding the events that had transpired. Because subsequent facts called into question the victim’s credibility does not render Defendant’s initial reliance improper.

Plaintiff also argues that Defendant made misrepresentations designed to eliminate discrepancies between Ms. Wagner’s description of the suspect and Plaintiff ’s physical appearance. ... He argues Defendant falsely averred that Ms. Wagner described the suspect as middleaged and having streaks of grey in his hair. .. Here, the Court agrees. The record, read in a light most favorable to Plaintiff, shows that on the day of the incident, Ms. Wagner described the suspect as being “about 35” with dark hair. The police report from November 25th does not reflect any mention of the suspect having streaks of grey in his hair. .. Given www.pachiefs.org

that Defendant drafted the affidavit after seeing a photograph of Plaintiff with streaks of grey in his hair, this assertion could be interpreted as more than mere carelessness or negligence in drafting the affidavit, and instead as an active attempt

by Defendant to inflate the strength of the evidence tying Plaintiff to the crime.…

Plaintiff ’s next two arguments are interrelated and the Court reviews them together. To summarize, Plaintiff argues that by stating “the victim spotted this same vehicle [and she] again positively identified the male driver as the suspect she encountered the previous day,” Defendant overstates Ms. Wagner’s level of confidence regarding her identification of Plaintiff as the suspect. …. The Court agrees. This assertion becomes more misleading in context. Read in the light most favorable to Plaintiff, the record suggests that Ms. Wagner believed that the man from November 26th was the suspect from November 25th precisely because she thought Plaintiff ’s vehicle was the same vehicle from the crime. …

Finally, we turn to the question of the propriety of the photo array administration. Plaintiff alleges the form of the question, “if she recognized any of the gentlemen in the lineup,” would be likely to lead Ms. Wagner to identify the man from the parking lot on November 26th, not the man from the attempted luring on November 25th,. ..

The purpose this Court reconstructing the affidavit is to determine whether Defendant made any misleading or false assertions…. Plaintiff ’s attempt to invalidate the identification because of improper presentation of the photo array fails for one simple reason: Defendant included in his affidavit the exact wording with which Plaintiff takes issue.

3. Materiality [T]he Court now turns to the materiality of those omissions and assertions. As the Court of Appeals for the Third Circuit instructs, this Court examines whether the corrected affidavit, after inserting the omissions and correcting or eliminating the false and/or misleading assertions, would still establish probable ...

Here, as in Wilson, a victim positively identified the target of the affidavit but the officer failed to include in the affidavit additional exculpatory facts. In both instances, the affidavit omitted or glossed over inconsistencies in the victim’s statement with regards to the target’s physical appearance. In Wilson, the omission was in regards to a significant height disparity whereas here Defendant suggested that the victim identified Plaintiff as being middle aged and having streaks of grey in his hair, when the record supports neither.

Further, the affidavit in Wilson omitted additional exculpatory facts (1) that another victim/witness failed to identify the target from a lineup and (2) that a different witness spotted the target in a separate location when the crime allegedly occurred. Here, Defendant (1) omitted additional exculpatory evidence that the partial license plate from the date of the incident did not match the license plate from the day following the incident and (2) overstated the victim’s consistency regarding her identification of Plaintiff.

The Court fails to see substantial distinctions from the facts at issue in this case and those examined by the Third Circuit in Wilson such that a different result would be appropriate. Accordingly, the Court finds that no reasonable jury could find facts that would lead to the conclusion that the reconstructed affidavit lacked probable cause. Therefore, Defendant’s Motion for Summary Judgment is GRANTED as to Plaintiff ’s Fourth Amendment claims. …For the reasons stated above, the Court hereby ORDERS that Defendant’s Motion for Summary Judgment (Doc. 36) is GRANTED. COMMENT: Whoooooooah! This one was a cliffhanger from beginning to end.

I honestly wasn’t sure if our hero was going to ride off into the sunset heroically or not. But, as the late Yogi Berra would say, “It ain’t over, ‘til it’s over” If you have ever been the defendant in a lawsuit, you can read these opinions and not recognize the officer, even though you look at them every morning in the mirror. That’s CONTINUED ON PAGE 12u

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 11

LEGAL UPDATES FOR LAW ENFORCEMENT because the Court has to take things in the Mortimer: An excellent one to bring up THE CHIEF’S LEGAL UPDATE light most favorable to the plaintiff, and for the troops, and we here at Stump the law enforcement will always look like the Chump applaud you for helping the rest bad guy when that is done. Easy to say of us pick one up where something went from a distance not to let it get you down, South, rather than keeping it to yourself. but sometimes you have to put faith in Now that’s a professional. Yes, the right the people doing your arguing for you in to have an attorney present during a these cases, a tough thing indeed, in a photo array attaches once they are in profession where you do the protecting, custody. They can waive that right, but not the ‘needing protection’. ( Luckily, our I would recommend that you have them hero put his faith in our Pittsburgh office: do so in writing. Also, if they waive their Paul Krepps, Estelle and Michealene.

Miranda rights and you take a statement, Nice job team! The Chump’s Peeps are I think you should probably get a separate everywhere!) Again, even where the Court waiver if you want to show a photo array. takes its shots at our Officer, there is a In other words, I don’t think the Miranda benefit to be gained. If you are the one waiver carries over to the array. preparing an affidavit, this case provides The Chump a great roadmap of how your work will be dissected later. For that, we thank you, STUMP THE CHUMP #2 Officer Scuilli.

Chris, STUMP THE CHUMP #1 Good Afternoon and hopefully you are Chump: well. I just wanted to first say thank you for your continued service to law Not a question, so much as one you enforcement and making sure that we might want to share with the troops for are kept up to date with current case the good of the Order. law. I have a situation I was hoping I learned about some PA case law during you could look at for me. As with most a suppression hearing this week that no jurisdictions, we have seen an uptick in cop I have spoken to has ever heard of, so heroin overdoses. We had one recently I thought I would pass it along. If you and the subject was revived using Narcan. have suspect in custody for an offense or I, along with my fellow officers, generally if he has already been charged with an charge the person with possession and offense, a photo array for the investigation related charges in an attempt to get them of what he is currently in custody for can into the system so that they can possibly NOT be done without defense counsel get into drug court and into in-patient being present. rehab facilities. A few other members of my department said that we are in fact The specific circumstances were that wrong and violating the Good Samaritan a burglary occurred on 6/12 and Ofc. Act by charging the overdosing subject.

B located suspect and his vehicle on I have personally read through the law 6/27 and took suspect into custody. and am a bit confused if our case actually Approximately 30 minutes later, we had falls under it. For my incident a neighbor victim come to HQ to look at photo saw a white male slumped over the wheel array containing the suspect, and he was of a parked car and called PD/EMS to identified as the actor from the burglary check on the subject. Upon checking the at her residence. Per PA case law, the subject, we found him in cardiac arrest defendant’s right to counsel during a and OD’ing, to which he was revived. photo array attaches at that moment.

The complainant was not a friend of the subject and had no involvement in the However, if you want to show a photo drug activity, just happened to be walking array while the suspect is in custody for by the car getting to his house. Does an unrelated investigation, then that this particular case fall under the Good CAN be done.

Samaritan Law? Detective Mortimer Mouse #123 Mickey 12 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

Mickey: Yes, all is well, and I hope the same is true for you. As to Narcan, the model policy put out by most insurers, and the current thinking in law enforcement circles generally, is that you don’t charge the overdose victim, so check and see if your department has adopted the policy.

I appreciate what you are saying about getting them into the system, but doing so has been seen as a deterrent to people reporting an overdose. Further, because the person who reported it is immune, the person overdosing is also immune. Have a look at section c below, though the whole statute is worth your time: §780-113.7. DRUG OVERDOSE RESPONSE IMMUNITY (a) A person may not be charged and shall be immune from prosecution for any offense listed in subsection (b) and for a violation of probation or parole if the person can establish the following: ( 1) law enforcement officers only became aware of the person’s commission of an offense listed in subsection (b) because the person transported a person experiencing a drug overdose event to a law enforcement agency, a campus security office or a health care facility; or (2) all of the following apply: ( i) the person reported, in good faith, a drug overdose event to a law enforcement officer, the 911 system, a campus security officer or emergency services personnel and the report was made on the reasonable belief that another person was in need of immediate medical attention and was necessary to prevent death or serious bodily injury due to a drug overdose; ( ii) the person provided his own name and location and cooperated with the law enforcement officer, 911 system, campus security officer or emergency services personnel; and ( iii) the person remained with the person needing immediate medical attention until a law enforcement www.pachiefs.org

LEGAL UPDATES FOR LAW ENFORCEMENT officer, a campus security officer or emergency services personnel arrived. (b) The prohibition on charging or prosecuting a person as described in subsection (a) bars charging or prosecuting a person for probation and parole violations and for violations of section 13(a)(5), (16), (19), (31), (32), (33) and (37). (c) Persons experiencing drug overdose events may not be charged and shall be immune from prosecution as provided in subsection (b) if a person who transported or reported and remained with them may not be charged and is entitled to immunity under this section. (d) The prohibition on charging or prosecuting a person as described in this section is limited in the following respects: ( 1) This section may not bar charging or prosecuting a person for offenses enumerated in subsection (b) if a law enforcement officer obtains information prior to or independent of the action of seeking or obtaining emergency assistance as described in subsection (a).

(e) In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer or prosecuting attorney who, acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.

The Chump

WEAR THE BADGE “The Police badge is symbolized as protector of the peace and the people. I wear the badge for many reasons but the one reason that stands above all is that I want to be a Protector of the peace and the protector of the community I serve”.

( 3) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution for any other prosecution not barred by this section.

www.pachiefs.org

Should you have additional inquiries, please contact Chris, or: Joseph J. Santarone, Esq. Chair, Public Entity and Civil Rights Practice Group Phone: (215) 575-2626 E-mail: jjsantarone@mdwcg.com

WHY I

( 2) This section may not interfere with or prevent the investigation, arrest, charging or prosecution of a person for the delivery or distribution of a controlled substance, drug-induced homicide or any other crime not set forth in subsection (b).

( 4) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify for the prohibition on charging or prosecuting a person as provided for by this section.

Presented by the Public Entity and Civil Rights Practice Group. Christopher P. Boyle, Esq., Public Entity and Civil Rights Practice Group Phone: (610) 354-8476 • Fax: (610) 354-8299 E-mail: cpboyle@mdwcg.com

Chief Baker

Chief Woods with his K9 Partner, Ozi

“I live a life of service. Whether it has been serving in the military, as township supervisor or active in my local church and scouting program I have always had a sense of a higher calling to think beyond myself. Law Enforcement is just a natural fit for me. When others are in need and the crowd is running away from danger it is those of us who have chosen a life of service that offer to care for the needy and run toward chaos when all others flee.

That is why I wear a badge and serve my community”.

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Online Registration Form, program and hotel information: www.pachiefs.org Name:____________________________________ Title:______________ Telephone: _________________________________ Agency: ______________________________________________________ Email: _____________________________________

Conference Registration Includes registration materials, training seminars, entrance to the exhibit hall, business sessions, coffee breaks, lunch (Mon.-Wed.) & Sunday Dinner/Hospitality *Please note: Registration does not include hotel accommodations or Monday & Tuesday evening activities.

PLEASE SELECT APPROPRIATE ATTENDEE REGISTRATION FEE:

PCPA Member $250 Retired $100 Nonmember $350 One-Day $150 ________________ [specify day]

ATTENDEE REGISTRATION: $ ___________

Guest Conference Registration Includes Lunch (Monday-Wednesday), Entrance to Exhibit Hall, Access to Seminars & Sunday Dinner/Hospitality.

Guest of PCPA Member $125 Name: ___________________________________ Attending Ladies Luncheon? YES or NO [please circle one] Children ages 13-17 $50 Name: ___________________________________ Attending Ladies Luncheon? YES or NO [please circle one] Children 12 & under [FREE Registration & Meals] Name: ___________________________________ Attending Ladies Luncheon? YES or NO [please circle one]

GUEST REGISTRATION TOTAL: $ __________

Attendee Evening Activities

*SUNDAY DINNER/HOSPITALITY IS INCLUDED IN ATTENDEE & GUEST CONFERENCE REGISTRATION FEE Monday [Incoming Presidents Reception & Dinner Party] Tuesday [Installation Banquet & Reception] Combination [Monday & Tuesday Activities]

 $75  $75  $135 [discount rate]

Guest Evening Activities  $75 Guest Name:________________________________ Monday or Tuesday PLEASE CIRCLE THE DAY Guest Combination [Monday & Tuesday Activities] Guest Name:________________________________

ATTENDEE MEALS TOTAL: $ __________

 $135 [discount rate]

GUEST MEALS TOTAL: $ __________

Sunday and Monday evening activities are buffet-style and include entertainment and open bar. Tuesday evening activities include a plated dinner, entertainment, and open bar. Please advise of any food preferences below and for which attendee or guest.

Gluten-free  Vegetarian   No Red Meat  Other Please specify:______________________________________________________________________________________________

PAYMENT METHOD Check or Credit Card

Check #_____________

Card #: ____________________________________________________ Exp. Date:_________________

Made Payable to PCPA $ _______________

Cardholder Name: __________________________________________

Security Code: ______

Billing Address: Street______________________________________________________________________ City _____________________________ State ______________________________ Zip ________________

Please mail or fax completed registration form with payment to: Phone: 717.236.1059 ext. 106 FAX: 717.236.0226

Pennsylvania Chiefs of Police Association 3905 North Front Street Harrisburg, PA 17110

Cancellations and Refunds: Fees for missed meals, late arrivals, and early departures cannot be refunded.

To receive a full refund, individuals must inform PCPA of their cancellation not later than July 1, 2016.

STREAMLINING YOUR APPLICATION PROCESS WITHOUT COST TO YOUR DEPARTMENT

STREAMLINING YOUR APPLICATION PROCESS WITHOUT COST TO YOUR DEPARTMENT

Agencies have seen a general decline in interest in law enforcement careers since the 1990’s. Factors such as negative publicity surrounding police incidents and profiling, concerns about the solvency of public pensions, and increased military recruiting have all contributed to a diminishing pool of law enforcement applicants. Given these factors, agencies are looking for new and enhanced ways of attracting qualified candidates.

O

ne area that departments have been looking to improve is the application process.

The traditional application process, in which an individual picks up or is mailed an application, fills it out, and then returns hard copies of the application and supporting documents, has become antiquated. It requires a tremendous amount of an agency’s resources for reviewing applications, ensuring all needed documentation is provided, maintaining applicant files, handing applicant inquiries, etc. www.pachiefs.org

Agencies wanting to streamline their application process and attract the next generation of applicants have turned instead to online application processes.

With an online system, candidates can view the application requirements, fill out the application, and upload all the required documents (driver’s license, school transcripts, etc.) from their own PC or tablet. Given their comfort level with technology and the convenience of submitting an application online, Millennials and Generation X applicants are more likely to favor agencies with an online application approach. Equally

important, the online process frees up valuable department personnel from the arduous administrative tasks typically associated with the application process.

To help Pennsylvania agencies reap the many benefits of an online system, the Pennsylvania Chiefs of Police Association and Stanard & Associates, Inc. (S&A) are pleased to announce ApplyToServe.

CONTINUED ON PAGE 16u

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 15

STREAMLINING YOUR APPLICATION PROCESS WITHOUT COST TO YOUR DEPARTMENT com, an online employment application management service. This comprehensive program handles all facets of the application process, from distributing and collecting candidate applications, to organizing, verifying and recording required documentation, to answering applicant inquiries, to producing a complete listing of applicants ready to move on to the next phase of recruitment.

With S&A conducting your process, your own staff is freed from the timeconsuming and tedious tasks associated with the initial application process. Best of all, the cost for the application process can be covered entirely by an application fee charged directly to the applicants, resulting in a tremendous cost savings for your agency versus traditional application processes.

Here’s how it works: • S&A works with your agency to determine the application packet content

• S&A handles all application process logistics and set up • Candidates apply online at S&A’s application website, www.

ApplyToServe.com; candidates pay for all, some, or none of the application fee, at the discretion of the agency • S&A screens candidates against minimum qualifications set by your agency; your agency is provided with all applications to review and determine final eligibility • S&A communicates with candidates via email throughout the application process, keeping them apprised of pertinent information and next steps Here’s what applicants have to say about ApplyToServe.com: “Every police application should be online and use this format” “Superb Customer Service. Thank you so much for your professional services!”

“Easiest and quickest online job application I have ever completed.”

“This was one of the easier application processes I have completed. The ability to electronically file the application and requested documents enabled me to complete the materials in a timely fashion.”

“Really liked the fact that i could scan and upload needed documents instead of having to turn them in personally. It was very convenient.”

Please see the link below for a demo of the system: https://www.ApplyToServe.com/ appdemo/ For more information on how your department or testing consortium can benefit from the ApplyToServe online application system, please contact Joe Blackburn at the PCPA at 717-236-1059, or Mike Thomason at Stanard & Associates at 800-367-6919.

By Chris Braun, PCPA Staff JUST THIS WEEK I ENCOUNTERED THREE DIFFERENT NEWS REPORTS. THE PHILADELPHIA ENQUIRER REPORTS PENNSYLVANIA LEADS THE US IN YOUNG MEN’S OVERDOSE DEATHS. THE USA TODAY REPORTED YOUTH DRUG OVERDOSES ARE UP IN 35 STATES AND IN PENN LIVE, MOTHERS REMEMBERED THE DAUGHTERS THEY LOST TO HEROIN. WHILE THE ADDICTION TO OPIOIDS IS A LARGER PROBLEM, PREVENTING DEATHS FROM OPIOID OVERDOSE CAN BE REDUCED WHEN FIRST RESPONDERS, POLICE AND FIRE, ADMINISTER NALOXONE. PA ACT 139 allows first responders, including the police, to administer naloxone. The drug works quick to save lives, and in its first year of use has saved hundreds from a premature death. The drug and training is being provided free to police departments from several sources.

The Pennsylvania Chiefs of Police Association is working with the PA District Attorney’s Association, the PA Department of Drug Prevention Programs, the PA Department of Health and the PA Commission on Crime and Delinquency to help train and pay for the naloxone. The approved ACT 139 training is online in the PAVTN and the Association has funds to reimburse departments for the naloxone.

Any department that does not believe that their community would benefits from having their officers carry and administer naloxone needs to rethink the current state of the opioid epidemic. If they believe it is too hard or difficult to use, they should go to the PAVTN and take the training to see the real facts.

For more information about PCPA’s naloxone program and training contact Chris Braun cjbraun@pachiefs.org.

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www.pachiefs.org

RESULTS FROM THE 2014 NATIONAL SURVEY ON DRUG USE AND HEALTH

RESULTS FROM THE 2014 NATIONAL SURVEY ON DRUG USE AND HEALTH This report was prepared for the Substance Abuse and Mental Health Services Administration (SAMHSA) by RTI International under Contract No. HHSS283201300001C with SAMHSA, U.S. Department of Health and Human Services (HHS). All material appearing in this report is in the public domain and may be reproduced or copied without permission from SAMHSA.

the United States.

Peter J. Delany, Ph.D., LCSW-C RADM, U.S. Public Health Service Director, Center for Behavioral Health Statistics and Quality A summary of the NSDUH report follows: SUMMARY

This national report summarizes findings from the 2014 National Survey on Drug Use and Health (NSDUH) on trends in the behavioral health of people aged 12 years or older in the civilian, noninstitutionalized population of the United States. Results are provided by age subgroups. Substance use trends are presented for 2002 to 2014, while trends for most mental health issues are reported for 2008to 2014.

ILLICIT DRUG USE

B

ehavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health (NSDUH), presents a set of substance use and mental health indicators. For most of the indicators, the results represent the nation as a whole (i.e., people aged 12 or older). Where applicable, however, results are also presented for selected age groups: adolescents aged 12 to 17, young adults aged 18 to 25, and adults aged 26 or older. Mental health indicators for adults also are presented for young adults aged 18 to 25, adults aged 26 to 49, and those aged 50 or older.

NSDUH provides a unique overview of the nation’s behavioral health at a single point in time (e.g., 2014) and a mechanism for tracking changes and trends over time. www.pachiefs.org

This national report covers key indicators of behavioral health. Other topics included in the 2014 NSDUH are being published separately as data reviews. These data reviews cover national trends in suicidal thoughts and behavior among adults, substance use treatment, mental health service use, initiation of substance use, and substance use risk and protective factors.

As part of SAMHSA’s larger behavioral health quality improvement approach, SAMHSA is also publishing detailed tables and mental health detailed tables that provide estimates of substance use and mental health by key demographic categories. NSDUH is a critical element in supporting SAMHSA’s larger behavioral health quality improvement approach, and this report provides a first look at the latest trends in the behavioral health of

In 2014, 27.0 million people aged 12 or older used an illicit drug in the past 30 days, which corresponds to about 1 in 10 Americans (10.2 percent).i This percentage in 2014 was higher than those in every year from 2002 through 2013. The illicit drug use estimate for 2014 continues to be driven primarily by marijuana use and the nonmedical use of prescription pain relievers, with 22.2 million current marijuana users aged 12 or older (i.e., users in the past 30 days) and 4.3 million people aged 12 or older who reported current nonmedical use of prescription pain relievers.

The higher percentage of people who were current illicit drug users in 2014 than in prior years appears to reflect trends in marijuana use. The percentage of people aged 12 or older in 2014 who were current marijuana users (8.4 percent) also was greater than the percentages in 2002 to 2013. In addition, the estimate of current marijuana use was greater in 2014 than the estimates in 2002 to 2009 for young adults aged 18 to 25 and in 2002 to 2013 for adults aged 26 or older.

Although nonmedical pain reliever use continued to be the second most common type of illicit drug use in 2014, the percentage of people aged 12 or older in CONTINUED ON PAGE 18u

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RESULTS FROM THE 2014 NATIONAL SURVEY ON DRUG USE AND HEALTH 2014 who were current nonmedical users of pain relievers (1.6 percent) was lower than the percentages in most years from 2002 to 2012, but it was similar to the percentage in 2013. Percentages for current nonmedical use of pain relievers also were lower in 2014 than in 2002 to 2011 for adolescents aged 12 to 17and in 2002 to 2012 for young adults aged 18 to 25.

The use of many types of other illicit drugs has not increased in recent years. However, the percentage of people aged 12 or older in 2014 who were current heroin users was higher than the percentages in most years from 2002 to 2013.

TOBACCO USE

In 2014, an estimated 66.9 million people aged 12 or older were current users of a tobacco product, including 55.2 million cigarette smokers. Across all age groups, tobacco use and cigarette use were lower in 2014 than in most years from 2002 to 2013. For example, about 1 in 8 adolescents aged 12 to 17 (13.0 percent) were current cigarette smokers in 2002. By 2014, about 1 in 20 adolescents (4.9 percent) were current smokers.

ALCOHOL USE

There were 139.7 million past month alcohol drinkers aged 12 or older in 2014, including 60.9 million who were binge alcohol users and 16.3 million who were heavy alcohol users.ii In 2014, the percentage of people aged 12 or older who were past month alcohol users (52.7 percent) was similar to the percentages in 2009 through 2013. The percentage of people aged 12 or older in 2014 who were past month heavy alcohol users (6.2 percent) also was similar to the percentages in 2011 through 2013. However, estimates of binge drinking among people aged 12 or older did not change over the period from 2002 to 2014 (23.0 percent in2014).

Underage alcohol use (i.e., among people aged 12 to 20) and binge and heavy use among young adults aged 18 to 25 have declined over time but remain a concern.

In 2014, 22.8 percent of underage people were current alcohol users, 13.8 percent were

binge alcohol users, and 3.4 percent were heavy alcohol users. These percentages were lower than the percentages in 2002 to 2012, but they were similar to the percentages in 2013. Among young adults aged 18 to 25, the percentages who were binge or heavy alcohol users in 2014 were lower than those in 2002 to 2012. Nevertheless, more than one third of young adults in 2014 were binge alcohol users (37.7 percent), and about 1 in 10 were heavy alcohol users (10.8 percent).

SUBSTANCE USE DISORDERS

Approximately 21.5 million people aged 12 or older in 2014 had a substance use disorder (SUD) in the past year,iii including 17.0 million people with an alcohol use disorder, 7.1 million with an illicit drug use disorder, and 2.6 million who had both an alcohol use and an illicit drug use disorder.

The percentage of people aged 12 or older in 2014 who had an SUD (8.1 percent) was similar to the percentages in 2011 to 2013, but it was lower than those in 2002 through 2010. Percentages of adolescents aged 12 to 17 and young adults aged 18 to 25 who had an alcohol use disorder, marijuana use disorder, or pain reliever use disorder in 2014 were lower than the percentages in several or all years from 2002 to 2012.

CO-OCCURRING MENTAL ILLNESS AND SUBSTANCE USE DISORDERS

About 3.3 percent of all adults in 2014 had both AMI and an SUD in the past year, and 1.0 percent had both SMI and an SUD. An estimated 340,000 adolescents aged 12 to 17 in 2014 (1.4 percent of adolescents) had an SUD and an MDE in the past year. The estimate in 2014 for the co-occurrence of an MDE and an SUD in the past year among adolescents was similar to those in most years between 2006 and 2013.

REFERENCES i NSDUH obtains information on the following nine categories of drugs: marijuana (including hashish), cocaine (including crack), heroin, hallucinogens, and inhalants, as well as the nonmedical use of prescription type pain relievers, tranquilizers, stimulants, and sedatives. Nonmedical use refers to use of prescription drugs without a prescription of the individual’s own or simply for the experience or feeling the drugs caused. Estimates of “illicit drug use� reported from NSDUH reflect the use of these nine drug categories. ii

inge alcohol use is defined as drinking five or B more drinks on the same occasion on at least 1 day in the past 30 days, and heavy alcohol use is defined as having this number of drinks on the same occasion on 5 or more days in the past 30 days.

iii

eople who met the criteria for dependence or P abuse for alcohol or illicit drugs in the past 12 months based on criteria specified in the Diagnostic and Statistical Manual of Mental Disorders, 4th edition (DSM-IV) were defined as having an SUD. See the following reference: American Psychiatric Association. (1994). Diagnostic and statistical manual of mental disorders (DSM-IV) (4th ed.).

Washington, DC: Author.

iv

Adults with AMI were defined as having any mental, behavioral, or emotional disorder in the past year that met DSM-IV criteria (excluding developmental disorders and SUDs). Adults with AMI were defined as having SMI if they had any mental, behavioral, or emotional disorder that substantially interfered with or limited one or more major life activities. See footnote 3 for the reference for the DSM-IV criteria.

v

Based on DSM-IV criteria, adolescents were defined as having an MDE if they had a period of 2 weeks or longer in the past 12 months when they experienced a depressed mood or loss of interest or pleasure in daily activities, and they had at least some additional symptoms, such as problems with sleep, eating, energy, concentration, and self-worth.

See footnote 3 for the reference for the DSM-IV criteria.

MENTAL HEALTH ISSUES

In 2014, about 1 in 5 adults aged 18 or older (18.1 percent, or 43.6 million adults) had any mental illness (AMI) in the past year, and 4.1 percent (9.8 million adults) had serious mental illness (SMI).iv The percentage of adults with AMI remained stable from 2008 to 2014, and the percentage of adults with SMI in 2014 was similar to the percentages in 2010 to 2013.

In 2014, 11.4 percent of youths aged 12 to 17 (2.8 million adolescents) had a major depressive episode (MDE) in the past year.v The 2014 percentage was higher than the percentages in 2004 to 2012, but it was similar to the percentage in 2013. Youths aged 12 to 17 in 2014 who had a past year MDE were more likely than those without a past year MDE to have used any illicit drugs in the past year (33.0 vs. 15.2 percent).

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www.pachiefs.org

BODY ARMOR FOR DIFFERENT SECTORS OF LAW ENFORCEMENT

BODY ARMOR FOR DIFFERENT SECTORS OF LAW ENFORCEMENT ROLES AND RESPONSIBILITIES

Law Enforcement Officers find themselves in a variety of situations in the service of their community, each with their own threats and dangers. This is why Officers are asked to fill so many different roles, and why there are so many branches of the Police. This role will determine in large part what threats are most dangerous for Officers, and will affect the protection they need. Law Enforcement Officers (LEOs) require bullet proof vests without question, and even though protection from a bullet can never be fully guaranteed, the risk of dying from a gunshot wound to the torso is 3.4 times higher when armor is not worn.

LAW ENFORCEMENT OFFICERS FIND THEMSELVES IN A VARIETY OF SITUATIONS IN THE SERVICE OF THEIR COMMUNITY, EACH WITH THEIR OWN THREATS AND DANGERS. THIS IS WHY OFFICERS ARE ASKED TO FILL SO MANY DIFFERENT ROLES, AND WHY THERE ARE SO MANY BRANCHES OF THE POLICE.

UNIFORMED OFFICERS

Uniformed Police Officers may not regularly face the threats a SWAT team does, yet there are still numerous risks that need to be addressed. For example, the threat of handguns is very serious, and can be just as deadly as any other type of weapon.

Therefore, armor for the Uniformed Officer needs to be able to protect against handgun ammunition. Ballistic testing is undergone by the US National Institute of Justice (NIJ), and a vest at NIJ Level IIIa is capable of stopping handgun ammunition upto and including .44 Magnums and 9mm at high velocities. This is the necessary level of protection for Uniformed Officers, and can be worn both covertly and overtly.

RAPID RESPONSE OFFICERS

Rapid Response Officers may find themselves in high risk situations similar to those facing SWAT teams, but will need the versatility and mobility that defines the Uniformed Officer. These Officers will still need protection in the form of a bullet proof vest, but may need additional protection.

For example, even covert vests can be equipped with armor plates that will help stop high caliber rounds commonly found in rifles and automatics. This means that even armor worn under clothes can offer high-grade protection. On the other hand, the nature of their role may include close proximity to belligerent individuals, who may have other weapons.

A bullet proof vest cannot protect against edged or spiked weapons, as they will cut or pass through the protective fabrics. As such, a vest that has stab or spike protection is needed, meaning additional materials like chainmail or laminate. While these will increase the weight and bulk of a vest, the difference is negligible and the protection it gives is WWWWOOOOORRRRDDDDDD!!!!! www.pachiefs.org

SWAT TEAMS

The rigid plates capable of stopping high caliber and even armor-piercing ammunition are vital for SWAT teams, who are deployed to deal with extreme threats and hostile environments. These plates can be inserted in the front, back, and sides, providing complete protection. SWAT teams in particular may wish for additional protection however, in the form of helmets, neck, throat, and groin protection. It is possible to purchase lightweight body armor that incorporates all of these aspects of protection, and can even be customised with logos and insignia to make it an important part of any uniform. This ‘hard armor’ can even offer protection against explosives and fragmentation, making it the complete protection for high risk environments.

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ASSAULTS ON OFFICERS ON DOMESTIC VIOLENCE CALLS

ASSAULTS ON OFFICERS ON DOMESTIC VIOLENCE CALLS Reprinted with permission. Article Source:http://www.llrmi.com/articles/legal_ update/2015_johnson_domesticviolence.shtml Printable Version: http://www. patc.com/weeklyarticles/print/2015_johnson_domesticviolence.pdf © 2015 Richard R. Johnson, Ph.D., PATC Legal & Liability Risk Management Institute (LLRMI.com)

D

omestic violence (DV) calls carry a popular reputation within the law enforcement profession for being extremely dangerous for officers. Some academics and DV victim advocates, however, have challenged this reputation and have suggested that DV calls are rarely dangerous for officers. This research newsletter will examine the empirical, scientific research on assaults on officers at DV calls. Specifically, it will examine the prevalence of officer assaults, the trend of officer deaths at DV calls over time, what factors predict these officer assaults, the characteristics of lethal force assaults on officers at DV calls, and the factors that predict an officer surviving a lethal force assault at a DV call.

PREVALENCE OF DANGER

In a U.S. Department of Justice report on family crisis intervention that was published in 1970, the authors wrote that DV calls

were the “most dangerous calls handled by the police.” They came to this conclusion from looking at FBI Uniform Crime Reports data on officers killed in the line of duty, finding that most of the officers killed between 1960 and 1969 were handling a “disturbance call” at the time they were attacked. At that point in history, however, DV calls were not a separate category within the FBI data, so the category “disturbances” also included gang fights, bar fight, neighbor disputes, suspicious persons, and a host of other potentially volatile situations. Once DV calls started being classified separately by the FBI in 1980, it was discovered that only 22% of the officer deaths from disturbances actually involved a domestic disturbance call.

During the 1980s and 1990s, eleven research studies examined the true prevalence of physical assaults (not just murders) of officers at DV calls. These studies revealed three main facts. First, the frequency of officer

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assaults at DV calls varied dramatically from community to community, suggesting that DV calls are more dangerous in some cities than others. The percentage of officer assaults that resulted from DV calls ranged from 2% to 28% across cities, with an average of 9% across the eleven jurisdictions in these studies (Johnson, 2008). Second, in every one of these eleven studies, DV calls were not the most dangerous duty officers performed, especially after controlling for rate of exposure (i.e., number of assaults per calls handled). In every community studied, other types of duties – serving warrants, transporting prisoners, bar fights – resulted in far more officer assaults per call handled (Johnson, 2008).

Third, while handling DV calls was not the most dangerous activity officers performed, DV calls clearly posed some danger. In the studies that considered rate of assaults per calls handled, DV calls never fell below fifth place for likelihood of an officer assault or an officer injury. Using FBI statistics, Johnson (2008) estimated that between 1980 and 2006 a total of 113,236 officer assaults occurred at DV calls in the U.S., and 160 officers died as a result of these assaults. That suggests an average of 4,194 officer assaults and 6 officer murders annually from DV calls (Johnson, 2008). Also, it appears that most assaults at DV calls are very likely to result in an officer injury. Four studies examined officer assaults at DV calls and the percentage of these assaults that resulted in an officer injury. On average, 46% of officers assaulted at DV calls received an injury requiring medical treatment (Johnson, 2008). So while DV calls may not be the most dangerous duty that officers face, it is inaccurate to say these calls are safe.

Due to improvements in emergency medicine and officer safety training, tactics, and equipment, overall officer deaths from assaults of all kinds in the U.S. have been steadily declining since the 1960s, A study of officer deaths specifically from DV calls from 1980 through 2006, however, revealed that the rate of officer deaths at DV calls has remained steady at an average of 6 deaths per year (Johnson, 2008). A quick review www.pachiefs.org

ASSAULTS ON OFFICERS ON DOMESTIC VIOLENCE CALLS of officer deaths listed on the Officer Down Memorial Page website since 2006 reveals that still today, an average of 6 officers are murdered annually at DV calls. While officers have been doing a better job every year of surviving assaults in other types of situations, it appears that officers have not improved in their abilities to survive assaults at DV calls over the last 35 years. To improve officer safety at DV calls, it would be helpful to be able to predict when assaults at these calls occur.

PREDICTING ASSAULTS AT DV CALLS

In a study that examined 3,078 DV calls handled by the Minneapolis, Milwaukee, and Miami-Dade police departments, 117 calls resulted in an officer assault. That was an average of 1 officer assault incident for every 26 DV calls. A number of characteristics about the batterer and the DV situation were examined and 5 characteristics were found useful in predicting whether or not an officer assault occurred. If the batterer was unemployed, had damaged property in the incident, shared a residence with the DV victim, was drunk, and displayed a hostile demeanor toward the officers when they arrived, there was a 1 in 4 chance that the DV batterer would assault the officers. In situations where none of these characteristics were present (i.e., batterer employed, sober, lived apart from victim, didn’t damage property, and did not display a hostile demeanor with officers), not one officer assault occurred (Johnson, 2011). The more of these 5 characteristics that were present at the call, the more likely an officer assault was to occur.

This suggests the need to train officers to observe for these 5 danger warning signs at DV calls. It also suggests the need for 911 dispatchers to gather this type of information for responding officers so that they can have a better assessment of the situation before they arrive. If possible, dispatchers should ask the reporting party if the batterer is employed, has been drinking, is damaging property, and resides with the other party in the DV situation. If these details can be gathered, they should be communicated to the responding officers. www.pachiefs.org

Recall that the number of officers killed annually while handling DV calls has remained steady for more than 35 years.

According to FBI data, the majority of the fatal officer assaults at DV calls (99%) involved a firearm. In response, Johnson (2007) conducted a study of firearms assaults against officers at DV calls to determine the characteristics of these calls and what officers could do to increase their chances of survival. Examining a national sample of 143 firearms assaults on officers at DV calls revealed that firearms assaults at DV calls differed from other types of officer-involved shooting incidents. According to FBI data, the “typical” firearms assault against a law enforcement officer involves a younger male assailant (usually age 15 to 35) with a lengthy criminal record. The assailant generally uses a handgun and most often does not open fire on officers until the point of arrest or search.

In most of the shooting incidents the officer and assailant were within 15 feet of each other when the shootout began.

Firearms assaults on officers at DV calls, on the other hand, are more likely to involve an older male assailant (in his 40s or older) with or without a prior criminal record, and armed with a rifle or shotgun. Half of these firearms assaults at DV calls occurred shortly after the officers’ arrival, with the assailant firing from the front door of the residence or lying in ambush in some outside location.

In the majority of these firearms assaults, the officers had not yet entered the residence when the batterer fired upon them, and half of these shootings occurred at a distance of greater than 50 feet (Johnson, 2007).

When examining what factors were associated with whether or not the officers survived the shooting incident, none of the batterer characteristics seemed to matter.

The strongest predictors of surviving the incident were officer body armor, distance between the officer and the assailant, whether the officer returned fire, and whether the shooting occurred during hours of darkness.

If the officer was wearing body armor, the officer was 6 times (510%) more likely to survive the encounter than if not wearing body armor. For every 5 feet of distance

between the officer and the shooter, the officer was 2 times (100%) more likely to survive the encounter. If the officer was able to return fire, the officer was 1.4 times (40%) more likely to survive the encounter than if unable to return fire. In incidents that occurred during hours of darkness, officers were 3 times (200%) more likely to survive the encounter than if it occurred during daylight hours. Of the 225 officers fired upon in this study, 14% were killed and 43% received bullet wounds but survived. The remaining 43% of officers survived without serious injury (Johnson, 2007).

Obviously, as more than half of the officers involved were hit by gunfire, body armor helped protect many of the officers’ vital organs. Greater distances between the assailant and the officer made shooting accuracy more difficult for the assailant and provided the officer greater opportunities to seek cover. If the officer was not incapacitated and had a safe field to return fire at the assailant, this return fire at the least caused the assailant to stop firing and seek cover.

In some situations the officer’s returning fire disabled the shooter. DV call shooting situations during hours of darkness also allowed officers, if they took advantage of it, to approach the scene in the concealment of darkness, or retreat into darkness once the shooting began. While greater than 1 out of every 2 officers in these incidents was hit by the assailant’s gunfire, only 1 out of every 7 officers died, revealing the importance of the psychological will to survive even after being shot.

CONCLUSION

In summary, the research on officer assaults at DV calls reveals a paradox. While DV calls are not the most dangerous duty officers perform, and the majority of DV calls do not result in an assault on officers, on average about 1 in 26 such calls do. The likelihood of an officer assault is greatest when the batterer is unemployed, intoxicated, resides with the DV victim, has just damaged property, and displays a hostile demeanor when officers arrive. An assault on officers is least likely when all of these elements are CONTINUED ON PAGE 23u

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J OCELYN MADDOX JOMADDOX@ PA. GOV 717-736-7463

DD AP

MDA IR

20 15

NATE MYERS

NAMYERS@ PA. GOV

717-736-7467 MARK SHIRK

MARSHIRK @ PA. GOV

717-736-7476

Methadone MDAIR

PROMOTING SAFETY, REDUCING METHADONE-RELATED DEATHS AND INCIDENTS AND IMPROVING TREATMENT PRACTICES Methadone is an opioid medication used to reduce withdrawal symptoms in people addicted to heroin or other narcotic drugs. It is also used as a pain reliever and as part of drug addiction detoxification and maintenance programs. On October 24, 2012, the General Assembly enacted Act 148 to examine methadone-related deaths and incidents in order to make the use of methadone for treatment of addictions and pain management safer for the citizens of Pennsylvania.

Joint Investigations Act 148, also known as the Methadone Death and Incident Review (MDAIR) Act, establishes the MDAIR team and provides for its powers and duties. The purpose of this legislation is to examine the circumstances surrounding deaths and incidents in Pennsylvania that involve or may involve methadone.

The MDAIR Team conducts a review of the circumstances surrounding methadone-related deaths and incidents for the purpose of promoting safety, reducing methadone-related deaths and incidents and improving treatment practices.

Act 148 provides the Team with review procedures that include law enforcement records and interviews with law enforcement officials as long as the release of such records will not jeopardize an ongoing criminal

investigation or proceeding. Act 148 provides protection from liability.

Specifically, an individual or agency that in good faith provides information or records to the team shall not be subject to civil or criminal liability as a result of providing the information or record.

The proceedings, deliberations and records of the team are privileged and confidential and shall not be subject to the Right to Know Law, discovery, subpoena or introduction into evidence in any civil or criminal action.

Contact MDAIR Staff

If you have any questions regarding the MDAIR ACT and/or you have an incident or death where Methadone may have been a contributing factor, please contact the Department of Drug and Alcohol Programs, Division of Accountability and Program Improvement, MDAIR staff. Emails can also be sent to RA-DAMDAIR@pa.gov

TECHNOLOGY UPDATE

TECHNOLOGY

UPDATE

By Christopher J. Braun, MSIT, PCPA Technology Coordinator

PAVTN

The The PAVTN has grown to 15,000 users and for 2016 will add 6 new courses.

The MPOETC curriculum will include the mandatory 3 hours of Legal Updates and 6 hours of Use of Force with a 3-hour elective, Tactical Medicine. Three other courses, 3 hours of First Responders Addiction Training and 3-hour Eye Witness as Evidence are being submitted to MPOETC as additional electives, along with an updated Domestic Violence course. The new mandatory courses will be available in early January and followed by the electives in late January and early February. Everyone that was enrolled in 2015 MPOETC MIST will be automatically enrolled for 2016.

by fingerprints with mobile devices using cellular technology. The pilot project will develop the policy and procedures for the role out of mobile fingerprint id units to local police departments. When the pilot project is completed, PCPA will administer a grant from the Pennsylvania Commission on Crime and Delinquency to provide several hundred mobile fingerprint id devices to local law enforcement throughout the state.

Information will be provided by the Spring 2016 for police departments to apply to get the devices. Information will be posted on PCPA’s web site as the pilot project progresses.

LABORATORY INFORMATION SYSTEM AND RAPID DNA

The PAVTN developed a new course for those who do Megan’s Law registration including police, corrections and probation/ parole personnel. This course includes access to a web site for instant access to information on computers and smart devices to allow users to refresh their training whenever they need it. This is an effort to provide information exactly when a task has to be done to provide performance support.

PCPA continues to work with the Cumberland County District Attorney’s Forensic Laboratory and numerous police departments to automate the evidence collection submission and reporting from police records management and evidence reporting systems to the laboratory

OFFENDER IDENTIFICATION

absent. If an assault does occur at a DV call, officers involved have about a 50/50 chance of sustaining an injury requiring medical treatment. If the assault involves a firearm, it is most likely to occur as the officers approach the scene or shortly after their arrival. The assailant is likely to be lying in ambush inside or outside the residence, utilize a long gun (rifle or shotgun), and open fire from many feet away. Officers have a 50/50 chance of being hit by the assailant’s gunfire but are most likely to survive the encounter if they wear body armor, maintain distance from the shooter, utilize cover and concealment, and return controlled, accurate fire.

By the end of March, the older remaining Livescans will need to be replaced by the new hand scan systems. The hand scan unit fits inside the current CPIN workstation and converts it to an all in one workstation.

To assist with the transition, PCPA will be scheduling training in different location across the Commonwealth. Check PCPA’s Web site for updated training information.

Anyone needing more information can contact Jerry Miller at jmiller@pachiefs.org.

MOBILE ID

PCPA is now beginning the pilot for the mobile id project. The mobile id project allows law enforcement to identify suspect www.pachiefs.org

information system. When the project is done the evidence information will only be entered once. It will then be transferred to all the other system via bar codes as the evidence moves through the systems. Analysis reports are automatically updated in the police systems and sent to prosecutors. The system will reduce delays in processing evidence and decrease the time police spend typing reports.

The Rapid DNA project with the Cumberland County District Attorney’s Forensic Laboratory has completed the instrument validation and training for the police departments. In the next phase, the police departments will begin collecting touch DNA and other DNA samples from crime scenes. We are hoping to increase the number of offenders identified in property crime cases where traditionally there is not a lot of other evidence.

For more information on any of these projects contact cjbraun@pachiefs.org.

ASSAULTS ON OFFICERS ON DOMESTIC VIOLENCE CALLS CONTINUED FROM PAGE 21

REFERENCES J ohnson, R. R. (2007). Surviving firearm assaults at domestic violence calls. Law Enforcement Executive Forum, 7(6), 155-167.

J ohnson, R. R. (2008). Officer firearm assaults at domestic violence calls: a descriptive analysis.

Police Journal: Theory, Practice, and Principles, 81(1), 25-45.

J ohnson, R. R. (2008). Assessing the true dangerousness of domestic violence calls. Law Enforcement Executive Forum, 8(5), 19-29.

Note: Court holdings can vary significantly between jurisdictions. As such, it is advisable to seek the advice of a local prosecutor or legal adviser regarding questions on specific cases. This article is not intended to constitute legal advice on a specific case.

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 23

FATAL CRASHES AND DRIVING DROWSY

FATAL CRASHES AND DRIVING DROWSY

AAA FOUNDATION RESEARCH FINDS DRIVER FATIGUE TO BE SERIOUS, UNDERREPORTED IMPAIRMENT Reprinted with permission from the AAA NewsRoom. (http://newsroom.aaa.com) Originally published by AAA November 2014.

A

ccording to new research from the AAA Foundation for Traffic Safety, more than one-in-five (21 percent) fatal crashes involve driver fatigue. These results help confirm what safety experts have long suspected: the prevalence of drowsy driving is much greater than official statistics from the National Highway Traffic Safety Administration (NHTSA) currently indicate.

“This new research further confirms that drowsy driving is a serious traffic safety problem,” warned Peter Kissinger, President and CEO of the AAA Foundation for Traffic Safety.

“Unfortunately, drivers often underestimate this risk and overestimate their ability to combat drowsiness behind the wheel.”

The report also found that drowsy driving crashes, a mainstay in recent headlines, are not without consequence.

One third of crashes involving a drowsy driver result in injuries and more than 6,000 fatigue-related crashes each year result in at least one fatality.

Previous research from the AAA Foundation revealed that young adult drivers, ages 19-24, are the most likely to admit to driving while drowsy, with 33 percent reporting doing so in the last month. In contrast, the oldest drivers (ages 75+) and the youngest (ages 16-18) were the least likely to report the same offense.

“Despite the fact that 95 percent of Americans deem it ‘unacceptable’ to drive when they are so tired that they have a hard time keeping their eyes open, more than 28 percent admit to doing so in the last month,” continued Kissinger.

“Like other impairments, driving while drowsy is not without risk.”

24 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

www.pachiefs.org

FATAL CRASHES AND DRIVING DROWSY

“DESPITE THE FACT THAT 95 PERCENT OF AMERICANS DEEM IT ‘UNACCEPTABLE’ TO DRIVE WHEN THEY ARE SO TIRED THAT THEY HAVE A HARD TIME KEEPING THEIR EYES OPEN, MORE THAN 28 PERCENT ADMIT TO DOING SO IN THE LAST MONTH,” CONTINUED KISSINGER. “LIKE OTHER IMPAIRMENTS, DRIVING WHILE DROWSY IS NOT WITHOUT RISK.” AAA urges drivers to understand the warning signs of drowsy driving: • The inability to recall the last few miles traveled; • Having disconnected or wandering thoughts; • Having difficulty focusing or keeping your eyes open; • Feeling as though your head is very heavy; • Drifting out of your driving lane, perhaps driving on the rumble strips; • Yawning repeatedly; • Accidentally tailgating other vehicles; • Missing traffic signs.

When faced with fatigue, AAA urges drivers to find a safe place to pull over if experiencing any of the drowsy driving symptoms. To remain alert and be safer behind the wheel, AAA suggests: • Get plenty of sleep (at least seven hours), especially the night before a long drive; • Drive at times when you are normally awake; • Schedule a break every two hours or every 100 miles; • Avoid heavy foods; • Travel with an alert passenger and take turns driving; • Avoid medications that cause drowsiness or other impairment; and • Consult with a sleep specialist or other medical professional if you have trouble getting enough rest or are chronically fatigued.

Foundation’s mission is to prevent crashes and save lives through research and education about traffic safety. The Foundation has funded over 200 research projects designed to discover the causes of traffic crashes, prevent them, and minimize injuries when they do occur. Visit www. aaafoundation.org for more information on this and other research.

As North America’s largest motoring and leisure travel organization, AAA provides more than 54 million members with travel, insurance, financial and automotive-related services. Since it’s founding in 1902, the not-for-profit, fully tax-paying AAA has been a leader and advocate for the safety and security of all travelers. AAA clubs can be visited on the Internet at AAA.com.

The AAA Foundation for Traffic Safety’s Prevalence of Motor Vehicle Crashes Involving Drowsy Drivers report is based on the analysis of a representative sample of 14,268 crashes that occurred in years 2009 – 2013 in which at least one vehicle was towed from the scene.

AAA is highlighting the risks of drowsy driving in support of the National Sleep Foundation’s Drowsy Driving Prevention Week®, which runs November 2-9. For more information about drowsy driving, visit the National Sleep Foundation’s drowsy driving website at www.DrowsyDriving.org.

Established by AAA in 1947, the AAA Foundation for Traffic Safety is a 501(c) (3) not-for-profit, publicly-supported charitable educational and research organization. Dedicated to saving lives and reducing injuries on our roads, the www.pachiefs.org

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 25

SOCIAL MEDIA AND OFFICER DISCIPLINE-CRITICIZING AGENCY LEADERSHIP

SOCIAL MEDIA AND OFFICER DISCIPLINECRITICIZING AGENCY LEADERSHIP

By Matt Dolan, Attorney, PATC Legal & Liability Risk Management Institute (LLRMI.com)

Increasingly, officers are voicing their workplace grievances and concerns online via social media, where it is readily accessible by members of the public. While some off-duty social media activity can be speech protected by the First Amendment, other statements are not protected and can be subject to legitimate disciplinary policies such as Conduct Unbecoming an Officer or Insubordination.

Increasingly, as courts address the issue on a case-by-case basis, public safety leaders are offered significant court guidance to aid them in making informed decisions when dealing with employees’ social media activity that they believe may warrant disciplinary action while avoiding the legal liability associated with unlawful First Amendment retaliation claims by officers.

EMERGING COURT GUIDANCE— GRAZIOSI V. CITY OF GREENVILLE MISS.

Recent decisions at the circuit court level interpreting the Supreme Court decision in Garcetti v. Ceballosi seem to indicate that public safety employees may face an uphill battle when challenging discipline due to social media statements critical of supervisors and agency leaders. When seeking First Amendment protection for voicing discontent with agency operations, public agency employees are required to demonstrate that (1) their statements were made in regards to a matter of public concern, (2) their statements were not made pursuant to their official duties, and (3) their freedom of speech interests are not out-weighed by the agency’s interests in effectively managing a para-military organization. This final requirement can prove particularly difficult for

26 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015

plaintiffs, as courts tend to recognize that public safety agencies are distinct from other government agencies in that the maintenance of command structure and public trust are of paramount importance.

In its 2015 decision in the case of Graziosi v. City of Greenville Miss.ii, the Fifth Circuit affirmed a lower court decision granting summary judgment to the defendant agency in the case of a police sergeant terminated as a result of her Facebook© postings. The court found that the plaintiff’s Facebook posts voicing her discontent with her chief were not protected by the First Amendment and, therefore, her termination did not constitute unlawful retaliation for constitutionally-protected speech. Not only did the Fifth Circuit find that the plaintiff’s comments were not of public concern—regarding the city’s decision to require that officers use their personal vehicles rather than patrol cars to attend the funeral of a fallen officer from another agency—but found that even if those comments were to be considered to be regarding matters of public concern, the derogatory manner in which she commented upon the character of her chief in voicing those concerns created a risk of organizational disruption that outweighed any First Amendment interest she would have.

In pertinent part, the court recounted the social media activity in question and the subsequent termination as follows: On May 9, 2012, Graziosi, a sergeant with the GPD with over 25 years of service, was notified of her termination after publishing, or “posting,” statements critical of Chief Cannon to Facebook. Graziosi’s termination came days after she had returned from a suspension for violating multiple sections of the GPD’s Policy and Procedure Manual during her response to a domestic disturbance call.

During a meeting before Graziosi’s suspension, several officers expressed to Chief Cannon a desire to attend the funeral of a police officer who was killed in the line of www.pachiefs.org

SOCIAL MEDIA AND OFFICER DISCIPLINE-CRITICIZING AGENCY LEADERSHIP duty in Pearl, Mississippi. Despite the city council’s decision to disallow the use of patrol cars for personal use under the “take-home” program due to budget concerns, Chief Cannon discussed sending one patrol car to the funeral. However, after learning that one patrol car would not accommodate all of the officers who wanted to attend the funeral, Chief Cannon decided that the officers would have to use their personal vehicles if they planned to attend.

On May 7, 2012, after learning that no member of the GPD attended the funeral, Graziosi used her home computer, while off duty, to post the following statement to her Facebook page: I just found out that Greenville Police Department did not send a representative to the funeral of Pearl Police Officer Mike Walter, who was killed in the line of duty on May 1, 2012. This is totally unacceptable. I don’t want to hear about the price of gas-officers would have gladly paid for and driven their own vehicles had we known the city was in such dire straights [sic] as to not to be able to afford a trip to Pearll, Ms. [sic], which, by the way, is where our police academy is located. The last I heard was the chief was telling the assistant

chief about getting a group of officers to go to the funeral. Dear Mayor, can we please get a leader that understands that a department sends officers of [sic] the funeral of an officer killed in the line of duty? Thank you. Susan Graziosi Several of Graziosi’s Facebook “friends,” or followers, “liked,” or indicated approval of, her post and left comments. Graziosi posted responses to several comments. For instance, when one of her Facebook friends informed her that he had seen a motorcade of police officers heading towards Pearl, Graziosi responded, “you can bet none were from GPD. I’m mad. (can you tell).” In response to a comment lamenting the perceived decline of the GPD by a former officer, Graziosi posted: [ W]e had something then that we no longer have. . .LEADERS. I don’t know that trying for 28 is worth it. In fact, I am amazed everytime [sic] I walk into the door. The thing is the chief was discussing sending officers on Wednesday (after he suspended me but before the meeting was over). If he suddenly decided we “couldn’t afford the gas” (how absurd - I would be embarrassed as a chief to make that statement) he should have let us know so we could have gone ourselves.

Also, you’ll be happy to know that I will

no longer use restraint when voicing my opinion on things. Ha! Later that night, Graziosi posted her initial statement to then-Mayor Chuck Jordan’s public Facebook page. Fifteen minutes later, Graziosi made an additional post in which she stated, “If you don’t want to lead, can you just get the hell out of the way.” Within a minute, she posted again stating, “seriously, if you don’t want to lead, just go” iii The Fifth Circuit first rejected the plaintiff’s assertion that her statements were made regarding a matter of public concern. Instead, the court accepted the defendant agency’s argument that the topic of discussion was one that “involved a dispute over an intra-departmental decision”.iv The court conceded that the plaintiff’s posts may well have begun as commentary on matters of public concern but that they “quickly devolved into a rant attacking Chief Cannon’s leadership”.v The court found that “[d] espite the perhaps genuine desire to inform the community about the GPD’s failure to send a representative to the funeral of a police officer killed in the line of duty” that this intention cannot transform into a public matter what is essentially “a private employee-employer dispute.

PCPA PRODUCTS! PCPA has a new vendor, Levin Promotional Products, now offering apparel and products for our members. Members can now choose from a larger variety of apparel than ever before, and we will feature new clothing collections twice a year; spring and winter. Our new winter collection starts on the next page, followed by the order form members can complete and forward directly to our vendor. You can also view the merchandise online on the Association website and download a form to order.

The ordering process is very simple; complete the order form using the item number of your selection(s), attach a check or credit card information, and mail to Levin at the address listed. Orders from the winter collection must be ordered not later than January 15, 2016. You will receive your PCPA merchandise within 2-3 weeks.

Should you have any questions regarding the ordering process, please contact Alexandra Boutselis at PCPA Headquarters.

We hope that you enjoy your new apparel and wear it proudly! Thank you.

All orders must be submitted by the specified date on the order form.

www.pachiefs.org

PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2015 | 27

K455

L455

Men’s & Ladies Rapid Dry Polo

5.6 oz, 60/40 Cotton/Poly Men’s 3 Button - Ladies V-Neck Collar Colors: Royal, Black, Navy, Red, Kelly, Deep Berry Cost: S-XL: $32.00 XXL: $34.00 XXXL: $35.00

SW286V

Men’s Sweater Vest

60/40 Cotton/Nylon Rib Knit V-Neck, Armholes & Hem Colors: Black, Charcoal Heather, Navy Cost: S-XL: $41.00 XXL: $43.00 XXXL: 44.00 LST268

Ladies Hooded Fleece Vest

9 oz, 65/35 Combed Cotton/Poly Fleece Colors: Vintage Heather, Navy, Black, Deep Berry, White Cost: S-XL: $35.00 XXL: $38.00 XXXL: $39.00

K455LS

Men’s L/S Rapid Dry Polo

5.6 oz, 60/40 Cotton/Poly Colors: Royal, Black, Charcoal, White, Navy Cost: S-XL: $36.00 XXL: $38.50 XXXL: $39.50

Ladies Modern Stretch Cardigan

6.5 oz 96/4 Cotton/Spandex, 1x1 Rib Knit 7-Buttons Dyed-to-Match Sweater Colors: Black, Red, Sapphire Blue, White, Navy Cost: S-XL: $32.00 XXL: $34.00 XXXL: $35.00 J318

Men’s & Ladies V-Neck Sweater

60/40 Cotton/Nylon Rib Knit V-Neck, Cuffs & Hem Colors: Black, Charcoal Heather, Navy, Deep Berry (Ladies Only), Heather Burgundy (Men’s Only), Medium Heather Grey (Men’s Only) Cost: S-XL: $41.75.00 XXL: $44.00 XXXL: $45.00

9 oz 65/35 Cotton/Poly Colors: Black, Garnet Red, Navy, Twilight Blue, Dk. Green, Slate Grey Cost: S-XL: $42.00 XXL: $44.00 XXXL: 45.00

Men’s & Ladies Color Block Soft Shell Jacket

100% Polyester & Bonded to a Water-Resistant Film Insert w/ Polyester Micro-Fleece Lining 1000MM Fabric Waterproof Rating Colors: Black/Blue, Navy/Grey, Red/Grey, Grey/Lime Green, Grey/Dk. Rose ( Ladies Only) Cost: S-XL: $55.00 XXL: $57.00 XXXL: $58.00

PENNS Y LV

LSW285

Men’s 1/4 Zip Fleece

L318

AS S OCI A T ION

SW285

F295

L515

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PA Chiefs of Police Fall 2015 Clothing Order Form

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J331

L293

Ladies Full Zip Fleece

9 oz 65/35 Cotton/Poly Colors: Black, Twilight Blue, Navy, Bermuda Purple Cost: S-XL: $44.00 XXL: $46.00 XXXL: $47.00 L331

Men’s & Ladies All Conditions Jacket

100% Polyester, 7oz, Polyester Fleece Inner Body Lining 2oz Polyfill in Sleeves, 3000MM Fabric Waterproof Rating Adjustable Hood, Parka Length, Ladies Gently Contured Colors: Black, Navy, Direct Blue Cost: S-XL: $67.00 XXL: $69.00 XXXL: $70.00

J753

Men’s Poplin Jacket

65/35 Poly /Cotton Outside, Mesh Lining Colors: Black/Black, Black/Stone, Navy/Red, Stone/Navy Cost: S-XL: $52.00 XXL: $54.00 XXXL: $55.00

JP54

Men’s Competitor Jacket

Nylon Outside w/ a Lightweight Fleece Lining Colors: Grey/Black, Sand/Black Navy/Grey, Royal/Navy, Red/Navy Cost: S-XL: $47.00 XXL: $49.00 XXXL: $51.00 ST258

J305

Men’s & Ladies Essential Jacket

PENNS Y LV

Men’s ½ Zip Wind Jacket

100% Polyester Unlined Jacket w/ Front Pockets Colors: Black, Claret Red, Navy, Lime Green, Charity Pink (Ladies Only) Cost: S-XL: $31.00 XXL: $33.00 XXXL: $34.00

100% Polyester Outside w/ 100% Polyester Lining Lightweight with a Soft Feel Colors: Black, Navy, Royal Cost: S-XL: $52.00 XXL: $54.00 XXXL: $55.00

ST254

L265

Men’s & Ladies Hooded Sweatshirt

Ladies Full Hooded Fleece Jacket

9 oz, 65/35 Ring Spun Combed Cotton/Poly Fleece Ladies Colors: Dk. Charcoal, Navy, Deep Berry, Athletic Grey Men’s Colors: Black, Navy, Athletic Grey, Red, Royal Cost: S-XL: $35.00 XXL: $37.00 XXXL: $39.00 CAR78TH

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J703

L305

LST254

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PA Chiefs of Police Fall 2015 Clothing Order Form

I A CHIE FS AN

9 oz, 65/35 Cotton/Poly Fleece Colors: Dk. Charcoal, Navy, Deep Berry, Athletic Grey, Pink, White Cost: S-XL: $41.00 XXL: $43.00 XXXL: $44.00

PC381

LPC381 PC381Y

Full Zip Hooded Sweatshirt

9 oz, 65/35 Cotton/Poly Fleece Colors: Royal, Navy, Forest Green Athletic Grey Cost: S-XL: $41.00 XXL: $43.00 XXXL: $44.00

Toddler Hooded Sweatshirt

7.8 oz, 50/50 Cotton/Poly Fleece Colors: Royal, Navy, Athletic Grey, Red, Pink Cost: 2T, 3T, 4T: $19.00

Men’s, Ladies & Youth Moisture Wicking Blended T-Shirt Soft Feel 4.5 oz 65/35 Poly/Cotton Men’s Colors: Grey, Red, Royal, Purple, Black Ladies Colors: Aquatic Blue, Red, Purple, Grey, Maroon Youth Colors: Red, Royal, Black, Navy Cost: YS-YL: $15.00 S-XL: $15.00 XXL: $17.00 XXXL: $18.00

PA Chiefs of Police Fall 2015 Clothing Order Form PC61

PC61Y

Men’s & Youth T-Shirt

6.1 oz 100% Cotton Colors: Royal, Navy, Black, Red, Aquatic Blue, Kelly, Athletic Grey Cost: YS-YL: $12.50 S-XL: $13.00 XXL: $15.00 XXXL: $16.00

LPC61

Ladies T-Shirt

B0750

6.1 oz 100% Cotton Colors: Royal, Navy, Black, Aquatic Blue, Red, Sangria, Pink, Kelly, Athletic Grey Cost: S-XL: $13.00 XXL: $15.00 XXXL: $16.00

Tote Bag

Large Main Section With Small Interior Pockets. Left Side Exterior Pocket Size: 12"h x 14"w x 6.5"d Colors: Royal, Navy, Black, Red, Hot Pink, Carolina Blue, Bright Lime Cost: $14.00 CP90

NE1000

New Era Flex Fit Cap

Colors: Navy, Black, Dark Green Sizes: S/M (6 7/8”-7 1/4), M/L (7 1/8 -7 ½), L/XL (7 3/8- 7 3/4) Cost: $20.00

Knit Cap

Colors: Athletic Grey, Royal, Red, Purple, Orange, Black/Red, Navy Cost: $13.00

Please Fill Out Your Order Form on the Next Page

PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION FALL 2015 ORDER FORM ***Please Remember to Write the Item Number on the Order form***

Qty

Item#

Description

Size

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Shipping Charges $51.00 - $100.00 = $12.99

Up to $50.00 = $10.50

Cost

T-Cost

Sub Total Shipping

Over $100.00 = $13.99

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**Checks are to be made payable to Levin Promotional Products** **All orders MUST be received by Friday, 1/15/16 and will be Shipped on or about 2/04/16 to your office or home** SHIP TO: Name

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Fax Orders to: (717) 233-8854 **Mail orders to: LEVIN PROMOTIONAL PRODUCTS** 3301-C Hoffman Street Harrisburg, PA 17110 LEVIN PROMOTIONAL PRODUCTS

ph: 717-233-8844

11/2015

g Time 66% 66% DecreaseDecrease in Reporting Time in Repo y means means increased efficiency increased effici

“Since “Since we implemented we ourimplemented CODY System, we have effectively cut our our CODY System, we have effectively c officers’ officers’ reporting timereporting by almost two-thirds. Wetime have also found by almost two-thirds. We have also found better, better, more efficient more ways to complete efficient and document our ways job to complete and document our job performance performance through the CALEA accreditation through program. Great the thingCALEA is, accreditation program. Great t with with CODY Records, CODY we’ve actually Records, increased our officers’ we’ve efficiency inactually increased our officers’ efficien handling handling calls, both at thecalls, station and more both importantly, atinthe the field station and more importantly, in the fi through through CODY Express. CODY In fact, we noted Express. a 66% reduction in the In time fact, we noted a 66% reduction in th it takes it takes an officer to put an a simple officer complaint in to and that’s put huge. a simple complaint in and that’s huge

With With this 66% efficiency thisboost, 66% we wellefficiency exceeded my high expectaboost, we well exceeded my high exp tions. tions.

This means less This time doing means paperwork, and less more time time for our doing paperwork, and more time f officers officers to be interacting to with be and serving interacting our citizens in the field.” with and serving our citizens in the fi Frank Williamson, Lower Allen Twp, PA Public Safety Director

Frank Williamson, Lower Allen Twp, PA Public Safety Dire

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