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Home County

Home County

Executive Board President

Vice-President

Jeffrey McCormick Chief of Police, Cannon Falls 507/263-9323 Gordon Ramsay Chief of Police, Duluth 218/730-5020

Second Vice-President Hugo McPhee Chief of Police, Three Rivers Park District 763/694-7730 Third Vice-President

Secretary

Rodney Seurer Chief of Police, Savage 952/882-2600 David Ebinger Chief of Police, Moorhead 218/299-5141

Treasurer Cari Gerlicher Director, Minnesota DOC-Special Investigations 651/642-0419 Sergeant-at-Arms

Jim Denny Chief of Police, Grand Rapids 218/326-3464

Immediate Past President Rick Wyffels Chief of Police, Alexandria 320/763-6631

Directors Dave Bentrud Chief of Police, Waite Park 320/251-3281

Michael Risvold Chief of Police, Wayzata 952/404-5340

Jim Crace Chief of Police, Hermantown 218/729-1202

Paul Schnell Chief of Police, Maplewood 651/249-2602

Tim Eggebraaten Chief of Police, Detroit Lakes 218/847-4222

Chaplain Ex-Officio Pastor Dan Carlson MCPA 612/554-4405

Michael Goldstein Chief of Police, Plymouth 763/509-5160 Daniel Hatten Chief of Police, Hutchinson 320/587-2242

Executive Director Dave Pecchia MCPA 651/457-0677

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Notes from the POST Board Chair POST Board Chair Timothy E. Bildsoe shares the POST Board’s year in review. Read about the work the Board has done in 2013 and it’s goals for 2014.

Minnesota Chiefs of Police Foundation The Year in Review-Foundation President Sara Anderson shares the highlights of the Foundation’s work this past year. Read about the goals for the coming year and about the GALA.

Polar Bear Plunge Season is Back Once again this year law enforcement departments across the state will plunge into the frigid waters to raise funds for Special Olympics Minnesota. Dates and locations are listed.

Minnesota Law Enforcement Torch Run (LETR) Receives High Honors The LETR received four awards at this year’s Law Enforcement Torch Run for Special Olympics International Conference. Information about the awards and the achievements of Special Olympics Minnesota are highlighted.

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Department Profile-Columbia Heights Police Department Chief Scott Nadeau shares the history and success with Community Oriented and Problem Oriented Policing methodologies that have been adopted by the Columbia Heights Police Department along with the department’s goals for the future.

Ambien and the Law Part 2 This is the second in a two-part series on Ambien and the Law. This article will focus on instances in which Ambien use was considered to be a contributing factor in family violence, murder and sex related offenses.

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LMC-Health Care Reform- What Police Chiefs NEED to Know About Health Care Reform

It is the policy of the Minnesota Chiefs of Police Association that all articles reflect only the views of the author and that publication of articles or advertisements within Minnesota Police Chief does not constitute endorsement by the Association or its agents of products, services, or views expressed herein. No representation is made as to the accuracy hereof and the publication is printed subject to errors and omissions.

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Confabulation and FASD

Editorial contributions to the Minnesota Police Chief are always welcome. Contributions should be sent to the Managing Editor and are subject to review and acceptance by the Magazine Committee. Editorial contributions will be handled with reasonable care; however, the publisher assumes no responsibility for the safety of artwork, photographs, or manuscripts.

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Department Profile-Worthington Police Department

The Minnesota Police Chief, the official magazine of The Minnesota Chiefs of Police Association, is published quarterly to serve the police leadership in Minnesota. Association members receive Minnesota Police Chief as a benefit of membership. The Minnesota Police Chief is published by the Minnesota Chiefs of Police Association, 1951 Woodlane Drive, Woodbury, MN 55125.

Unauthorized reproduction of this magazine in whole or in part is prohibited without the written permission of the publisher.

Requests for permission should be directed to the Managing Editor. All rights reserved.

Senior Editor Betsy Pierre, betsy@pierreproductions.com, 763/295-5420 Managing Editor Margaret I. Winchell, margaret@pierreproductions.com, 612/599-7332 Advertising Representative Erica Nelson, erica@pierreproductions.com, 763/497-1778 Vol. 34, No. 1, Winter 2014

This article by the League of Minnesota Cities boils health care reform down to only a few things that readers NEED to know for right now.

This article addresses the connection between confabulation and Fetal Alcohol Spectrum Disorder and how it can affect false confessions and testimony.

The Worthington Police Department serves the city of Worthington, the regional center in southwest Minnesota. Read how this department adjusted to the large population change in the 90s and the diversity it brought to the community.

DEPARTMENTS President’s Perspective Executive Director’s Message Chaplain’s Message Regional Representative Legal Update

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Cover photo: Columbia Heights Public Safety Building

Winter 2014

Department of Public Safety Retired Chief Advertiser Index Vendor Profile ETI Information

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Prognosticating for 2014

PRESIDENT’S PERSPECTIVE

I find one of the hardest parts about writing these articles is that it will be several weeks in the future before the article will actually be read by members. Try as I might, prognosticating is not one of the skills I have perfected, as evident by the fact I have yet to win the Power Ball drawing when it is an insanely high payout amount. This issue will be out in early 2014, which has me thinking about the past year and what the New Year will bring.

During 2013, our Association has been busy and a lot of the dayto-day events seem to blur together, but there have been a few that stand out. The snow that fell at the beginning of our Executive Training Institute (ETI) held in April in Duluth is stuck in my mind. The ETI conference was outstanding on its own because of the presentations, but the snowfall just made it more memorable. Selling our building was another event. The decision to sell was hard because it meant giving up our own building, but the reality was it was more building then we could use if the tenant moved out. It made sense because we were switching roles in becoming the tenant while still having the building we called home to meet our needs. Our Foundation, with a connection made by Chief McPhee, was able to bring Superintendent William Evans from the Boston Police Department to Minnesota to speak to chiefs about the Boston Marathon bombing event and what lessons can be learned and applied. CLEO Certification is moving forward, while the implementation has taken longer than hoped, it is important to take the time to make sure we do it right.

Looking forward there will be some big events in 2014 for our Association. The first will be the legislative session with all it could bring. This is another area where being able to prognosticate would be very helpful. Legislative issues is an area where our members can and do make a difference. Meeting with your local legislators and letting them know what issues are of concern to the Association and to you is critical to helping them understand the impact their actions have on our profession. During the legislative session there is often a need for direct action from chiefs to contact your legislators on specific bills or speak at a committee hearing. I am asking for each and every chief to take the time and let your legislators know what is important to us.

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CHIEF JEFF MCCORMICK PRESIDENT MINNESOTA CHIEFS OF POLICE ASSOCIATION CHIEF OF POLICE CANNON FALLS

The Foundation GALA will be the next big event in 2014. If you haven’t already put the date on your calendar take the time now to do so. It will be on March 8th and this year the Minnesota Chiefs of Police Foundation is taking over putting on the GALA. The Foundation is working hard for Minnesota chiefs by providing opportunities and grants for trainings and supporting our Association’s causes. The members of the Foundation board are from the private sector and have a true passion to help the Association and its members provide the highest level of service possible to the communities we serve. Your attendance at the GALA helps raise money for the Foundation, but more importantly it provides the opportunity for persons outside law enforcement to talk with you and learn what is important for your department and community. We live our jobs every day and often forget just how interesting what we do is and how interested those outside of law enforcement are in learning about what we do.

I am hoping that before ETI that CLEO Certification will have progressed to the point that applications are being taken and maybe the first CLEO Certifications will take place at ETI. Every chief needs the skills to not only lead a police department, but also those to be a peace officer. The goal of CLEO Certification is to help every chief be successful and provide recognition of the skills chiefs have worked hard to obtain, allowing him or her to get to where they are.

ETI this year will be in Rochester. The Planning Committee has lined up top-notch presenters and I expect it to be even better than last year’s ETI. The 2014 ETI will have the opportunity for retired chiefs to attend sessions specifically for the retired chief. I would like to see every chief attend our annual conference and the excellent training it will have, not to mention the ability to network with your peers and visit with old friends. The 2014 ETI will be March 31 through April 2; this year it has been moved into three days to better meet your desire not to be away from the office for so many days.

The biggest unknown for 2014 is what impact the changes to PERA will have for our departments. While no one will know for sure until June what percentage of eligible peace officers will choose to retire, it is known the impact will be felt across the ranks as experienced officers and supervisors move onto a new MINNESOTA POLICE CHIEF

PRESIDENT’S PERSPECTIVE

phase in their lives, taking that collection of knowledge with them. This will create some opportunities for people looking to start their careers and for the organizations. Your Association is ready to help in whatever way is needed to make the transition a smooth one for all involved.

I believe that 2014 will be a great year for our Association, just as 2013 has turned out to be. While my crystal ball may not always predict the future very well, I know that our Association and its members are able to shape our own future and with our hard work we will continue to provide our communities with the very highest level of service to our citizens. Regardless of what faith you celebrate during the holiday season, I with you the best for the holidays and a Happy New Year!

Winter 2014

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Looking Ahead in 2014

EXECUTIVE DIRECTOR’S MESSAGE

Happy New Year to all of our members! It’s hard to believe another year has come to a close as it seems we just celebrated its beginning. As we look back at the past year, we as an Association have many things of which to be proud. One of the Association’s more significant accomplishments in 2013 includes the completion of our strategic plan which really put us on the right path for the next several years. Additionally, we experienced an outstanding Executive Training Institute (ETI) in Duluth, received grants from the Motorola Solutions Foundation to provide scholarships to four of our chiefs to attend CLEO and Command and hosted two CLEO and Command Academies and two Leadership Academies. This fall, several of our members and Association staff attended the International Association of Chiefs of Police (IACP) convention in Philadelphia and enjoyed an informative conference together with great fellowship opportunities.

Our Minnesota Chiefs of Police Foundation had a great year in 2013 and is positioned for an even better 2014. The Foundation is a source of great pride as we’ve watched it grow into a professional board of twenty members from throughout the state. The Foundation board brings together representatives from some of the state’s largest corporations with dedicated individuals from all walks of life to support our mission. The Foundation provided sixteen scholarships for CLEO and Command Academy and further supported the Association with contributions to offset our training expenses. In one of 2013’s highlights, the Foundation’s sponsorship made it possible for us to host Boston Police Superintendant, William Evans, who provided two realistic and emotional presentations about his Department’s preparation for and response to the Boston Marathon bombing. One presentation was for law enforcement personnel only while the other was for the public. The Foundation also held an “eat and greet” at the Pizza Lucé so they could hear ideas first-hand from chiefs throughout the state about how the Foundation can support them.

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LEGISLATIVE SESSION As we stand poised to welcome the New Year, our vision turns to what’s ahead. First up, the 2014 legislative session will soon be upon us, so our Legislative Committee co-chairs Chiefs Dave Kolb (Champlin PD) and Gordon Ramsay (Duluth PD), and their fellow committee members are working closely with our lobbyist, Kathy Hahne, to prepare our legislative platform for the session. Medical marijuana, (intelligence) traveling data, automated license plate readers, forfeitures, sovereign citizens and crowd sourcing to facilitate a crime are all potential topics this session. Given all of the issues of vital import for today’s

DAVE PECCHIA EXECUTIVE DIRECTOR MINNESOTA CHIEFS OF POLICE ASSOCIATION

CLEO, you’ll definitely want to participate in the legislative day at the capitol we host with the Minnesota Sheriff’s Association every session. Watch your emails and C-Notes for the date so you don’t miss this opportunity for your legislators to hear from you – their chief!

GALA The 5th Annual Police Chiefs GALA is just weeks away and will be here before we know it, so make sure to save the date of Saturday, March 8, 2014. This event has blossomed into a great networking and fundraising event for law enforcement professionals, and our private sector partners together with their friends and colleagues. The Foundation has already begun the process of obtaining the great live and silent auction items that make it possible to raise significant dollars for our Foundation’s charitable giving goals and Special Olympics.

EXECUTIVE TRAINING INSTITUTE (ETI) The 2014 Executive Training Institute is heading back to Rochester, March 30 – April 2, 2014. Leadership SuccessEnhancing the Bond of Trust is the theme of this year’s ETI. Nationally recognized presenters will make this the “go to” training for all of us in 2014. In addition to being one of the CLEO’s primary sources for new tools and updated information of both national and local importance, the ETI is the premier opportunity to see nearly every vendor serving Minnesota’s law enforcement agencies as they showcase the latest in law enforcement equipment, software and uniforms.

CLEO CERTIFICATION CLEO Certification is close to becoming a reality as the CLEO Certification Training Advisory Task Force is nearing the completion of the Three Tier and Menu models. Beta testing is underway and we are on track to begin accepting applications

by ETI. FOUNDATION The Foundation is also looking forward to the New Year and is working on plans to enhance their service. Members of the Foundation may be in contact with you to help identify individuals in your community who may be interested in supporting their mission and we encourage you to help them if you are able. The Foundation’s future is bright and their potential is virtually unlimited. This example of collaboration and partnerships is predicted to be the force that makes the MCPA vision and mission a reality.

As you can see, 2013 has presented challenges that we were able to convert into many exciting opportunities to serve our members. On behalf of your staff and volunteers, we thank you for the opportunity to serve. Please stay safe and we look forward to seeing you in 2014!

MINNESOTA POLICE CHIEF

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“Ahhh… And There’s The Light”” “It’s getting dark.” This isn’t a metaphor created by your chaplain as he looks for a starting point for his chaplain’s message. It really is getting dark out there.

Especially since daylight savings time ended and I often find myself eating dinner in the dark. This is the time of year when the amount of daylight we receive is shortened and the amount of daily darkness we face increases. With that increase in darkness, it’s important to think about how it impacts our lives. Without giving the darkness much thought, our response to these days with fewer hours of daylight is pretty automatic. We simply turn on our lights. Why? So that we can see.

Simple.

It’s hard for me to believe, but I have been retired from sworn service as a police officer for seven years now. For those same seven years, I have been serving several organizations, including the Minnesota Chiefs Police Association (MCPA), as a full time public safety chaplain. During that time, I have spent hundreds of hours with individuals and organizations as they face the daily challenges of our profession. In our time together, a time that I spend focusing on the spiritual health and fitness of these individuals and organizations, I have found a constant theme among those who are experiencing challenges in their lives.

Darkness. (Okay, so I guess we are heading for a metaphor here…) And what enhances that darkness is the feeling of loneliness.

I have spent the last several months working with a very qualified friend who has volunteered his time, developing a strategic plan for Public Safety Ministries. For those who don’t know, Public Safety Ministries is the organization that supports my chaplaincy work. The strategic plan, complete with mission,

Winter 2014

CHAPLAIN’S MESSAGE

PASTOR DAN CARLSON CHAPLAIN EX-OFFICIO BOARD MEMBER MINNESOTA CHIEFS OF POLICE ASSOCIATION

vision, principles, strategies, tactics, goals and objectives, will be completed for implementation in January 2014. But amidst all of the organizational and strategic planning jargon and processing, the description of what I do can be reduced to one simple statement: “I share light with those who are alone in the dark.”

My job isn’t to tell people where to find their light source, nor is it to give them my light source. My job is to simply walk with those who are alone in the dark, sharing the light I carry, so that they can find their own light. It’s much like having a neighbor who is alone at home, in a storm, in the dark, whose power goes out and they lose their light. The neighbor probably has a flashlight (but the batteries are dead and they can’t find the spares), or a lantern (but they can’t find it in the dark mess in the basement), or even a cell phone with a flashlight app (that they left in the car that the kid took to work). They may even have a portable generator (but can’t find the fuel, nor the funnel or the extension cord…). The light we all need to survive is there, our personal light, but sometimes we just can’t find it. And we need our neighbor to help us find it.

So as these days of darkness and frequent storms come upon us, do an inventory of your light sources. We can’t control the presence of darkness and storms, physically or metaphorically, but we can control the light we store and the light we share.

Take some time this holiday season to get together with family, friends and neighbors to share some time and to share some light. Take the time to experience the joy in hearing someone or even yourself, say “Ah… and there’s the light!”

Take care, Pastor Dan

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Notes from the POST Board Chair

NOTES FROM THE POST BOARD CHAIR

CHAIR MINNESOTA POST BOARD

The staff at the Minnesota Board of Peace Officers Standards and Training (POST) has had another busy year. The team processed thousands of new and renewing licenses, administered numerous Peace Officer Exams around the state, modernized POST’s recordkeeping systems, supported the work of our various Professional Peace Officers Education (PPOE) program providers and participated in legislative discussions at the capitol during the session. In addition, POST administered the reimbursement of $3,040,197 in training dollars, investigated numerous peace officer complaints and compliance issues and answered hundreds of questions from peace officers, CLEOs and citizens from all over Minnesota. On behalf of the board, I would like to take this opportunity to thank everyone at POST for all their dedication and hard work throughout the year!

convenience to the applicant and the potential hiring agency. It’s time to improve the peace officer testing process.

We also saw considerable change on the board during 2013. We applaud the fantastic work of out-going board members Tracy Martin, Don Winger, Phil Jones and Jan Unstad. And we welcome new board members David Bentrud, Rebecca Swanson, Nancy Johnson, Everett Doolittle and David Titus. As board chair, I appreciate the experience and varying opinions that each board member brings to our meetings and to the decision-making process. The POST Board would also like to say “happy retirement” to our long-standing representative from the Attorney General’s office, Bernie Johnson. Bernie has provided us with sage advice and support over many years and we wish him all the best in his well-deserved retirement.

I thought I would conclude by sharing the POST Board’s mission to law enforcement in Minnesota:

Shortly after accepting the role of board chair, I started moving many of our board meetings from our office in St. Paul to various spots around the state. I believe it gives the board a broader perspective and allows us to hear directly from those we serve.

This practice will continue in 2014. Please let us know if you would like to host a POST Board meeting in 2014. We bring everything and clean-up after ourselves!

Continued from 2013, the POST Board is pursuing the idea of moving our licensing exams from pencil and paper administered on pre-arranged dates and locations to an on-line test that has flexibility as to where and when it’s administered. Rest assured the content of the test will not change. The goal is to add 8

TIM BILDSOE

Lastly, I applaud the Minnesota Chiefs of Police Association for recognizing the need to raise the bar on the professional development of those who lead, or will lead, an agency. It is absolutely vital to the on-going success of any profession, organization or individual and should go without saying that everyone within an organization will benefit from outstanding leadership at the top. I wholeheartedly support the extraordinary work being done by the Minnesota Chiefs of Police Association around the professional development of CLEOs through their “CLEO Certification”initiative and look forward to its introduction in 2014.

As a citizen board member and chair of the POST Board, thank you for your dedication to the public’s safety!

• Administer a professional licensing program, which includes examination development and administration, licensure and relicensure.

• Develop, coordinateand approve continuing education programs for peace officers and part-time peace officers.

• Work cooperatively with law enforcement trainers, educators and practitioners to develop in-service training programs.

• Help offset local governments’expenses for peace officer training through administration of a reimbursement program.

• Develop learning objectives for and certify the Professional Peace Officer Education programs at participating colleges and universities.

• Provide technical assistance to colleges, universities, law enforcement agencies and other groups involved in the practice of law enforcement and law enforcement education.

• Conduct studies and research projects that relate to peace officer education and the practice of law enforcement.

• Establish and implement professional policy standards of conduct for agencies.

• Process allegations of professional misconduct and the unauthorized practice of law enforcement.

• Prepare and transmit annually to the Governor and legislature a report of activities Happy New Year from the Minnesota POST Board!

MINNESOTA POLICE CHIEF

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Command Level Training Offerings Abound Fall is a time for back to school, football season, and hunting, the changing of leaves and for most of us, putting the finishing touches on the budget for next year. Inevitably we all try to maximize our training dollar and training value yet training budgets are often among the first areas where cuts are made. Never has the search for quality training, especially command level training, been more important than it is now. It is anticipated that as many as five to seven percent of Minnesota chiefs and commanders will be retiring within the next 24 months so succession planning takes on even greater importance for those of us planning to retire or those of us responsible for replacing those retiring.

This article attempts to identify a variety of quality training programs geared towards command staff and chiefs. Input was solicited for this article from a variety of chiefs across the state whom I know attended various senior leadership or command type schools. Although certainly not an all-inclusive list, comments made by fellow chiefs may be helpful in determining which programs you would like to attend. Costs are estimates only and interested attendees should contact the training or educational institutions directly for the best and most accurate information.

There are a variety of command level courses available such as: BCA-IACP Leadership in Police Organizations (LPO) BCA Management series Clemson University Public Safety Leadership FBI National Academy (FBINA) Georgetown Leadership Planning Institute Harvard University National Preparedness Leadership Initiative (NPLI) Humphrey Institute for Public Safety Leadership Program MCPA Chief Law Enforcement Officer Academy (CLEO) Northwestern School of Police Staff and Command (SPSC) Police Executive Research Forum (PERF)/Senior Management Institute for Police (SMIP) Southern Police Institute (SPI)

Winter 2014

REGIONAL REPRESENTATIVE

CHIEF HUGO MCPHEE SECOND VICE PRESIDENT MINNESOTA CHIEFS OF POLICE ASSOCIATION CHIEF OF POLICE THREE RIVERS PARK DISTRICT

COURSES

$5,000-$10,000 Harvard University National Preparedness Leadership Initiative (NPLI), Police Executive Research Forum Senior Management Institute for Police (PERF)/Senior Management, Humphrey Institute for Public Safety Leadership all fall into this general cost range. All schools are reported to be exceptional and great values for the money. Format for attendance varies within these offerings.

NPLI focuses on multi-jurisdictional leadership and discusses at great length case studies with international presenters. NPLI is a blend of emergency management and crisis leadership and delves into well-known international disasters presented by leaders who were there. The BP oil spill, Japanese earthquake/tsunami/nuclear meltdown and White House miscues are recent case study discussions. NPLI is divided into two, one-week sessions broken up over two years and requiring a major project and presentation to the NPLI faculty for successful completion. I have not attended other traditional leadership offerings but found this to be an excellent program especially if working in a multi-jurisdictional environment.

PERF-SMIP’s format is a three-week on-site program in Boston taught by top level professors from Boston University, John Hopkins and Harvard. Chief Dave Ebinger from Moorhead commented that attending SMIP was an outstanding professional and academic experience that he wishes he would have been able to attend earlier in his career. Similarly, Chief Mike Goldstein from Plymouth rates SMIP as the pinnacle of his leadership coursework and has very high regard for the networking opportunities and academic rigor. Chief Greg Hestness with the University of Minnesota Police also said that SMIP was an excellent training opportunity that was energizing and extremely worthwhile.

The Humphrey Institute is a relatively new offering, however the academic rigor and educational component appears to rival that of NPLI and SMIP, plus it is offered locally in a multi-month format. All of these programs are very reputable and worthy of strong consideration.

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REGIONAL REPRESENTATIVE

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$2,500-$5,000 Offerings in this tier provide sound value for high quality leadership offered in a flexible format, especially for police leaders who cannot readily travel to the metro or nationally for training.

Both the School of Police Staff and Command (SPSC) offered by Northwestern University and Louisville’s Southern Police Institute (SPI) will bring their 11-week program to your location if you are able to generate sufficient student interest. Typically both schools need upwards of 35 attendees to hold the academy or interested attendees can go online and find a host location throughout the country to attend an offering all ready scheduled. Typically, one school or another is hosted annually in the greater MinneapolisSt. Paul area and I refer you to the respective school websites for specifics.

These programs are often referred to as “preferred or similar” command level trainings in many job postings for chief of police.

Curriculum for these courses is broad and encompasses most, if not all, of the core knowledge areas needed by law enforcement leaders.

A potential drawback for these programs is that they typically run for a straight 11 weeks, with a one week break in the middle, but require remote lodging or modest travel to the learning site unless you host one in your area. Additionally, attendees are absent from work for the duration of the program. Many chiefs throughout Minnesota have attended one of these trainings and most have provided positive feedback. Some graduates have indicated that these programs should be a prerequisite for the newly- promoted and senior managers as the curriculum is very helpful for the newly promoted.

The Georgetown Leadership Planning Institute is an interesting alternative to the traditional 11-week command level training format.

This program currently does not have the reputation of the SPSC or SPI, however, the cost is considerably less and the faculty of the Planning Institute will come to your location. Their leadership offerings are offered in several tiers and the course work is completed in two weeks spread out over a month or two depending on agency needs. The format tends to be more on a corporate seminar-type model and attendees have found the program to be generally beneficial. Perhaps the biggest advantage of this program is in applying business leadership principles to a government setting and the Institute has an impressive list of Fortune 500 companies and governmental agencies as past, happy attendees.

UNDER $1,000 These courses perhaps offer the absolute best value for the training dollar and are readily available pretty much statewide. Whereas instructors for these programs may or may not possess the international credentials that some of the elite program offerings 10

If you’re searching for resources to help you get ahead in your police or public safety career, Saint Mary’s University Twin Cities Campus has the degree program to get you going.

At Saint Mary’s, you’ll take advantage of an exceptional academic value and learn from faculty who are practitioners in the field.

Bachelor of Science in Police Science Master of Arts in Public Safety Administration “Saint Mary’s Police Science and Public Safety Administration programs are designed to provide students with practical, valuable continuing education in the law enforcement and public safety fields.”

— Don Winger, M.A. Program Director, Retired Saint Paul Police Commander & former Maplewood Chief of Police

School of Graduate and Professional Programs Twin Cities Campus • 2500 Park Avenue Minneapolis, MN 55404-4403 Toll-free 866-437-2788

www.smumn.edu MINNESOTA POLICE CHIEF

REGIONAL REPRESENTATIVE

described above, all programs and presenters have a great deal of real world experience and training specific to our region and our nuances of law enforcement.

Of note, the BCA Management series has both a basic and senior leadership program offering. Both programs are taught by knowledgeable and very well respected staff. A variety of core classes is required of attendees as well as some creativity in selecting elective courses. Both programs take approximately six months to complete and classes are typically held at the BCA in St Paul. Graduates of this program speak very favorably and this is an excellent opportunity for agencies who want their leadership teams to receive quality leadership and management training. I sent my Lieutenant, Ross Gullickson, to this program and he likened it to the SPSC, albeit in a more flexible format. He indicated the BCA management series was an “excellent offering that exposed the student to all of the key management areas needed by a new supervisor.”

The BCA, in partnership with the International Association of Chiefs of Police (IACP), also offers the Leadership in Police Organizations (LPO) program which is a three-week program spread over three months requiring one-week each month in class. This program has been very well received and is an excellent leadership program in its own right. Additionally, it is an interesting, cost effective alternative to some of the more costly offerings mentioned previously. Both of these BCA offerings cost about $1,000 and those who have attended them rate them very favorably. Chief Eric Klang from Pequot Lakes attended the LPO program and said it was among the absolute best programs he has ever attended.

The Minnesota Chiefs of Police Association (MCPA) CLEO Academy is a truly exceptional offering for command staff and chiefs alike in this price range. This one-week program is offered twice a year at Camp Ripley and has a cadre of instructors who are chiefs, commanders and supervisors from a wide array of

law enforcement agencies or academia. This program draws attendees from across the state as well as neighboring states and receives very positive reviews from attendees. Curriculum is updated frequently to reflect attendee input. If you want a highquality, Minnesota centric training experience at an affordable cost (registration is under $500), this is an excellent training to consider.

The MCPA regularly has scholarship monies available for new chiefs or chiefs from small towns so often times registration fees are waived for as many as 7-10 attendees each offering. A significant benefit to this program is the networking opportunities attendees have with one another. Lasting friendships are formed during this Academy and there is a First Line Supervisors Academy offered for newly promoted sergeants as well.

FREE Although wait times to gain entry into the FBI National Academy (FBINA) can approach two to three years, most applicants are able to attend sooner if their schedules are flexible. Occasionally, last minute cancellations sometimes allow those chiefs who can go with minimal advance notice the ability to attend much sooner than waving the three years.

I have not received any negative commentary from anyone who has attended the FBINA. The networking opportunities are phenomenal, the course content is excellent and professional relationships and friendships are many times life-long. Chief Ed Belland from Medina recently attended the FBINA and said it was one of the best training experiences he ever had. Similarly Chief David Jess from Maple Grove echoed those comments and said that, “lifelong training is critical to our ability to provide the high quality of service our communities deserve.” Chief Jess sent Captain Keith Terlinden to the FBINA and he also had a similar positive experience. Captain Terlinden said his FBINA

www.hennepintech.edu/customizedtraining/aces | 763.657.3700 Train at Your Site or Ours LE Training Customized to Your Needs Emergency Medical Services Fire Protection & Emergency Management Industrial Safety & OSHA Compliance Training Winter 2014

Contact: Stu Robinson at 763.657.3723 Earl Lingerfelt at 763.657.3710 11

REGIONAL REPRESENTATIVE

experience was nothing short of life changing from both a personal as well as professional perspective.

Chief Brent Balloun from Becker attended several command level trainings including the FBINA. He believes the FBINA has the best leadership component of the various command schools he has attended. He also said the St. Cloud State Public Safety Executive Leadership Program was very good. In fact, his graduate degree focused on that very subject.

GREAT fforr CITIZENS Go To To Class Instead Of Court ourt Convenient Con venient e 24/7 W Web eb Classes Classes TTicket icket Dismissed At Graduation Graduuation

GREAT forr CITIES

MISCELLANEOUS

Increa Increases ases Municipal Revenue Revenue e Dec reases Enforcement Enforcement Expenses Exxpenses p Decreases Positive P ositive Public Relations

OFFERINGS It would be impossible to include every command level or leadership-development program that is available to law enforcement leaders. Depending on your specialty or niche in law enforcement, there are unique leadership offerings such as Clemson University’s Park and Public Safety Leadership program, or the International Association of Campus Law Enforcement Administrators (IACLEA) Executive Development course.

Many of us have colleges and universities in close proximity to our communities. All of these institutions offer some advanced leadership or management programs which no doubt are excellent. I think the main take-a-way from this article is that there is many exceptional leadership or command level training offerings available for all of us, large or small agency, big or small budget, to take advantage of to improve our own training and education. I am a firm believer that if you are fortunate enough to be one of about 420 law enforcement executives (chiefs and sheriffs) in the state, you have a responsibility to your organization, your community and your profession, to be the best leader you can be and to leave things a little better when you leave than they were when you first arrived. A key step in accomplishing that is to embrace life-long learning and constantly keep your skills sharp.

Feel free to contact myself or any of the chiefs mentioned if you have specific questions on the above course offerings.

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iGovernmentSolutions.com MINNESOTA POLICE CHIEF

LEGAL UPDATE

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CASE ALERT:

By Ms. Robin Wolpert, Appellate Chief, Washington County Attorney’s Office

In Minnesota, juveniles who commit first degree murder and other heinous crimes must be sentenced to life without the possibility of release. Minn. Stat. § 609.106. In 2012, however, the United States Supreme Court decided Miller v. Alabama. In that case, the Court ruled that the Eighth Amendment prohibits a sentencing scheme that mandates life in prison without the possibility of release for juvenile homicide offenders. 132 S. Ct. 2455 (2012). The Court’s decision follows on the heels of two other decisions treating juveniles differently than adults—Roper v. Simmons and Graham v. Florida. In these cases, the Court decided that juveniles cannot be sentenced to death and cannot be sentenced to life without parole for non-homicide offenses.

What is the impact of Miller on sentencing juvenile homicide offenders in Minnesota? Before answering that question, it is important to understand the basis for the Court’s decision in Miller. In 2003, Evan Miller and another boy robbed and beat a

Winter 2014

neighbor in a rural Alabama trailer park and then set the trailer on fire, leaving him to die of smoke inhalation. Miller was fourteen years old at the time. He was convicted of capital murder and sentenced to life in prison without the possibility of parole under a mandatory sentencing statute that required such a punishment. The sentence was upheld on appeal by the Alabama appellate courts.

In Miller, the United States Supreme Court determined that the mandatory sentence of life in prison without the possibility of parole violates the Eighth Amendment. The Court explained that the Eighth Amendment prohibits punishments that create a mismatch between the culpability of a class of offenders and the severity of the penalty. Juveniles are different than adults. Juveniles are less culpable due to the distinctive attributes of youth and their capacity for rehabilitation. Because juveniles are less culpable, the Eighth Amendment prohibits imposing the harshest penalties on juvenile offenders even when they commit severe crimes. The Court further explained that defendants are entitled to 13

LEGAL UPDATE

individualized sentencing because life without the possibility of parole is so severe and similar to the death penalty. Based on all of these considerations, the Court concluded that mandatory life without parole violates the Eighth Amendment because it “poses too great a risk of disproportionate punishment.” When you impose a mandatory life without parole sentence, you cannot consider an offender’s age, “immaturity, impetuosity, and failure to appreciate risks and consequences and the juvenile’s family and home environment.” You also cannot consider the circumstances of the offense, such as the offender’s participation in the conduct, the way familial and peer pressure may have affected the offender and the offender’s ability to be rehabilitated. For all these reasons, the Eighth Amendment requires sentencing to “take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.”

It is important to emphasize that Miller does not impose a flat ban on punishing a juvenile homicide offender with a sentence of life without the possibility of release—it only prohibits the mandatory imposition of this kind of sentence.

Life without the possibility of release may be imposed as long as a sentence follows certain processes and considers an offender’s youth and attendant characteristics.

Miller’s impact has already been felt in Minnesota. Because the mandatory nature of the Heinous Crimes Act is unconstitutional under Miller, our state courts are grappling with the question of how to sentence juvenile homicide offenders convicted after Miller was decided. Last session, the Legislature declined to take action on proposed amendments to the Heinous Crimes Act, which would have provided some direction to our state courts. Additional legislative proposals, however, are expected to be considered in this upcoming session. In addition, the courts are addressing the question of whether Miller’s sentencing requirements are retroactive and must be applied to juvenile offenders who received the mandatory life without the possibility of release sentence many years ago. Earlier this year, the U.S. Attorney’s Office for the District of Minnesota took the position that Miller is retroactively applicable in a pending federal habeas case. In May 2013, however, the Minnesota Supreme Court held that Miller is not retroactively applicable in Chambers v. State. 831 N.W.2d 311 (Minn. 2013).

Chambers arose out of poignant circumstances—the murder of a Rice County peace officer. In 1996, 17-year-old Timothy Chambers stole a Lincoln Town Car from the Priordale Mall parking lot. The owner reported it stolen shortly after Chambers took it and Chambers was stopped by Deputy

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MINNESOTA POLICE CHIEF

LEGAL UPDATE

Donald Buchan of the Scott County Sheriff's Department.

When Buchan exited his squad car, Chambers drove the Lincoln into Buchan's car and then drove away. Officers pursued Chambers for over 30 miles. Near the Dakota/Rice County border, Chambers operated the Lincoln at speeds of 90 to 110 miles per hour. At the top of an I-35 exit ramp, Rice County Deputy Sheriff John Liebenstein set up a roadblock with his unmarked squad car. When Chambers drove up the exit ramp toward the roadblock, he accelerated the Lincoln and hit the unmarked squad car on the passenger side, between the front and rear wheels. Following the collision, Liebenstein was found dead approximately 70 feet from the point of impact. There was no evidence that Chambers attempted to slow down or avoid the roadblock.

Chambers was subsequently convicted of first degree murder of a peace officer and received the mandatory sentence of life without the possibility of release. Chambers petitioned for post-conviction relief, arguing he was entitled to an individualized sentencing hearing as required by Miller. The Minnesota Supreme Court concluded that Miller’s prohibition against mandatory life without parole sentences for juvenile homicide offenders was not retroactively applicable to

Winter 2014

Chambers. The Court reasoned that Miller did not satisfy the test for applying new constitutional rules retroactively and denied Chambers post-conviction relief.

Chambers is not the final word on the subject of retroactivity.

There is another case, Roman Nose v. State, currently pending before the Minnesota Supreme Court, which raises the question of Miller’s retroactivity. In 2000, Jolene Stuedemann was found dead at her Woodbury home, beaten and stabbed multiple times with a screwdriver and sexually assaulted.

Seventeen-year-old Roman Nose was convicted in 2001 of first-degree premeditated murder and murder while committing or attempting to commit criminal sexual conduct.

In the case pending before the Minnesota Supreme Court, Roman Nose has presented some arguments as to why Miller should be retroactively applicable to him that were not considered in Chambers. So we will have to wait for this decision to see how Miller will affect post-conviction petitions for relief from the eight juvenile homicide offenders currently serving mandatory life without release sentences in Minnesota. Finally, it is worth noting that the U.S. Supreme Court may address Miller’s retroactivity at some point, further impacting juvenile sentencing in Minnesota.

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DEPARTMENT OF PUBLIC SAFETY

Our Life-Saving Work: Traffic Safety By The Numbers The most recent survey by the Department of Public Safety Office of Traffic Safety (OTS) tells us that seatbelt use in our state has reached an all-time high of 95 percent. That’s an increase of 15 percent since 2003 and up more than one percent since the 2012 survey.We can attribute these numbers to our OTS staff members who help raise awareness and to hard work on our roads and highways by the law enforcement professionals who take part in seatbelt enforcement sweeps.

Naturally, there is room for improvement in the statistics. Those numbers represent human lives and we’re still losing 100 unbelted motorists and passengers in traffic crashes each year.

Due in large part to law-enforcement diligence, however, the numbers have been getting better since 1986, when Minnesota passed its first belt law. That year, seatbelt compliance was about 20 percent and 280 unbelted people died. In 2012, 93.6 percent of our travelers buckled up and we suffered 116 unbelted deaths.

Failure to buckle up is a major cause of traffic deaths (about half the motorists killed in crashes aren’t wearing seatbelts) but there are three others that merit equal attention and you may know what they are. Each year impaired driving accounts for more than 100 deaths. Distracted driving is a factor in about 25 percent of traffic crashes, resulting in at least 70 deaths and 350 injuries annually. And speeding is another leading factor, accounting for about 130 deaths every year.

The 2011 traffic fatality count of 368 was the second lowest since 1944, when we lost 356 Minnesotans in crashes. We’re seeing a slight uptick in fatalities since then, however, with 395 in 2012 and projections of about 410 for 2013.

TOWARD ZERO DEATHS This year, TZD celebrated its 10th anniversary in Minnesota with a lively conference in St. Cloud November 14 and 15, featuring learning opportunities for everyone. TZD in Minnesota has at least 37 partners, including law enforcement and local government, non-profit safety organizations and health facilities and a few small businesses, all of whom work together in an interdisciplinary approach to traffic safety.

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MONA DOHMAN COMMISSIONER DEPARTMENT OF PUBLIC SAFETY

Sponsored by the Minnesota Departments of Public Safety, Transportation and Health, the annual conference is a chance to learn from our partners about technology, emergency medical advances, traffic engineering, current research and more. This year, optional events prior to the conference included a field sobriety testing update, training on child restraint systems and a CPS instructor meeting. The full 2013 agenda is online for your review, just search on “Minnesota TZD Conference.” If you haven’t been to this event, I encourage you to see what you’re missing and ask whether it might benefit your local traffic safety efforts to have a representative there next year.

LAUNCHING THE BUCKLE-UP MESSAGE The State Patrol launched a new initiative this fall, literally, at high school football games with the goal of encouraging teens to wear their seat belts. Troopers used T-shirt blasters to send bright, neon-green T-shirts into the crowds, each one emblazoned with “Every Day I’m Bucklin.”

About 30 shirts went out each night at more than 25 football games; the events were accompanied by stadium announcements and morning messages in the schools to reinforce the “buckle up” message. Another component of the fall campaign is directed at parents, who are reminded to talk to their teens and reinforce driving laws, including the one against texting while driving and be sure teens understand that those under 18 are prohibited from using the phone behind the wheel.

THE TASK AHEAD I’m a firm believer that whatever the job, we’re most effective when we work together. TZD is a great example and so is the strong relationship between the DPS Office of Traffic Safety and our law enforcement agencies statewide. The “big picture” of traffic safety shows that our efforts are worthwhile; we’ve reduced traffic crash deaths in Minnesota by 40 percent over the last decade. If we continue our work, share our strengths and address each issue with creativity and determination, we’ll make even more progress.

Please remember that, tragically, we must measure our success by counting the lives we’ve lost, but we cannot know how many deaths we’ve prevented. It’s a very large number. Thank you for your life-saving work.

MINNESOTA POLICE CHIEF

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Minnesota Chiefs of Police Foundation A Year in Review The Minnesota Chiefs of Police Foundation (Foundation) started the year out with a bang by inducting 20 board members from both the public and the private sectors of the Twin Cities. We evaluated our mission and came to this conclusion; we are a Foundation that was created with one goal in mind, Public Safety.

In the current environment in which we live, this has become a very important aspect of society. As a Foundation, our goal is to provide an avenue for Minnesota police chiefs to have ongoing education and training. With the recent budget cuts, increasing age of the current workforce and projected budget issues, the need has never been greater. Every contribution provides Minnesota police chiefs resources they need to provide the best possible public safety to Minnesota communities.

The first quarter of the year was built around gathering fundraising and marketing ideas and evaluating our mission.

Our first big event was in March where we were able to make a big impact on the attendance at the Gala which resulted in an increase in donations by 10 percent.

At the Executive Training Institute (ETI) conference in April we had a strong board presence and were recognized for our efforts and goals. I was honored to speak at the awards dinner and to have been given the opportunity to show our appreciation and enforce the need for support.

In September, thanks to Chief Hugo McPhee and donations from the Foundation board members, we were able to bring Boston Superintendent William Evans to Minnesota to provide a grouptraining seminar on safety around the Twin Cities marathon. This event was open to any interested law enforcement agency in Minnesota. Superintendent Evans was on site the day of the

Winter 2014

MINNESOTA CHIEFS OF POLICE FOUNDATION

SARA ANDERSON PRESIDENT MINNESOTA CHIEFS OF POLICE FOUNDATION

Boston bombing and played an intricate part in the capture of the suspect. The Foundation also hosted a fundraising event that evening at the Minikahda Club where we were able to celebrate our passion for law enforcement safety and hear him personalize his story.

After months of evaluation and ideas, we came to the conclusion that what we really need is feedback from the chiefs to determine what their needs are and what the best approach is to support those needs. We had a “Meet and Greet” mixer in August and we invited the chiefs to join us for an informal question/answer session to discuss how the Foundation can best support them. We had a chief from out-state Minnesota join us to show his appreciation for granting him the opportunity to complete the CLEO training. Hearing his story was very inspiring and a great example of the impact that we can have on public safety. Many communities just don’t have the funding in the budget to train the chiefs. After hearing many stories, we recognized quickly the importance of continuing education to chiefs. Just like any company needs leaders who possess multiple, high level leadership skills, our local police departments need to be headed by police chiefs who possess excellent executive CLEO leadership skills.

We had an amazing year of growth and I feel so fortunate to have been granted the opportunity to lead such an amazing group of community leaders. We are looking forward to a successful and prosperous 2014 where we are able to really see our efforts pay off. We will continue our mission: The Minnesota Chiefs of Police Foundation: Great leadership, through education.

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POLAR BEAR PLUNGE SEASON IS BACK

Polar Bear Plunge Season is Back You may have heard about it, but what is this “Plunge” that everyone is talking about? The Polar Bear Plunge is presented by Minnesota law enforcement as part of the year-round Law Enforcement Torch Run® to benefit Special Olympics Minnesota. It is a unique opportunity for individuals, organization and businesses to support Special Olympics athletes by jumping into frigid Minnesota waters.

The concept is simple: Participants raise a minimum of $75 and take a dip into one of Minnesota’s frozen lakes. Participants can also choose to raise additional funds, earning more incentives along the way. Come experience this fun and exciting event for yourself! Grab a friend, coworker, family member or go at it alone. Get the bragging rights for years to come by jumping in with the Polar Bear Plunge!

Funds raised help to provide year-round sports training and competition to more than 7,600 children and adults in Minnesota with intellectual disabilities. The Polar Bear Plunge has come a long way, raising over $3 million in 2013 with over 15,000 participants!

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2014 POLAR BEAR PLUNGE DATES: Jan. 25 - White Bear Lake Jan. 25 - Willmar/Spicer Feb. 1 - Maple Grove Feb. 1 - St. Peter Feb. 8 - Rochester Feb. 8 - Anoka County Feb. 15 - Prior Lake Feb. 15 - St. Cloud Feb. 15 - Duluth Feb. 22 - South Metro Feb. 23 - Alexandria Mar. 1 - Minneapolis Mar. 1 - Brainerd Mar. 8 - Eden Prairie Mar. 8 - Mille Lacs Mar. 15 - Grand Rapids

MINNESOTA POLICE CHIEF

MINNESOTA LAW ENFORCEMENT TORCH RUN (LETR) RECEIVES HIGH HONORS

C

Minnesota Law Enforcement Torch Run (LETR) Receives High Honors

By Jim Nystrom – Director, Minnesota Law Enforcement Torch Run Congratulations, Minnesota! The Minnesota Law Enforcement Torch Run received four awards at the Law Enforcement Torch Run for Special Olympics International Conference held in Florida, November 610, 2013. With nearly 1,000 officers from around the world in attendance, the Minnesota delegation proudly accepted awards on behalf of the women and men within the law enforcement community who participate in events across the state throughout the year.

The awards received were: Award of Excellence ($1 million + Program), 2nd Highest Revenue in Overall Fundraising, Largest Gross Increase ($729,413 from 2011 to 2012) and 5th Highest Per Capita. This was all due to a record-breaking year of fundraising

by Minnesota law enforcement and their criminal justice colleagues in partnership with Special Olympics Minnesota. The total raised in 2012 was $3,142,176!

These achievements could not be possible without the continued and increasing support of Minnesota chiefs of police

Winter 2014

and criminal justice administrators. Allowing, encouraging and supporting personnel to participate in events such as the Final Leg, Tip-A-Cop, Cop-on-Top, Jail N’ Bail, 5K Run/Walk and our signature event, the Polar Bear Plunge, not only raises important funds for athlete programming and development, but also increases awareness and acceptance of people with intellectual disabilities.

And there is more…our current reporting year is looking equally promising as well! To date, we are projected to reach $3.7 million in fundraising in 2013, but more importantly have changed the lives of over 7,600 persons (athletes) in Minnesota.

There is still much work to be done; so on behalf of the Minnesota Law Enforcement Torch Run, Special Olympics Minnesota and all officers involved in the LETR, thank you for your dedication, commitment and continued support for the men and women of the Minnesota law enforcement and public safety community!

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DEPARTMENT PROFILE-COLUMBIA HEIGHTS POLICE DEPARTMENT

Anti-bullying reading program.

(Editor’s Note: We are pleased to profile two law enforcement departments in this issue. Our first profiled department is Columbia Heights Police Department. Chief Scott Nadeau shares the history of his department, how it’s grown and changed, challenges faced and how they work within the community today.)

Columbia Heights Police Department Tell us about your department Columbia Heights is a first-ring suburb of northeast Minneapolis and is about four square miles. It has an ethnically diverse population of 19,496 with a poverty rate of 12 percent, almost double the county average. Columbia Heights surrounds and provides police service to the City of Hilltop, which has a poverty rate of 20.3 percent, the highest in Anoka County and close to double the state average (US Census Bureau, 2011). As an older primarily residential community Columbia Heights shares many of the crime and public safety issues of neighboring Minneapolis.

The Columbia Heights Police Department (CHPD), founded in 1921, has a sworn strength of 27 officers and a total of 35 FTE’s including CSO’s and support staff. Like many agencies of similar size and demographics, the department was heavily subsidized by local government aid (LGA) funding. In the

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years leading up to 2007, these subsidies decreased significantly as the state struggled to balance their own budget. Under increasing budget constraints, the department discontinued most proactive programs, including dedicated community oriented police officer positions. Neighborhood Watch and rental property programs languished as officers were redirected to reactive patrol assignments.

By the end of 2007, years of budget cuts had taken their toll and the City of Columbia Heights faced crime rates that were unacceptably high and continuing to trend upward. In the police department, officer morale was low and there was no real plan or strategy for how to reduce crime or connect with the community. Faced with increasing crime and decreasing resources, many officers believed that nothing was possible to stem the rising crime rates.

MINNESOTA POLICE CHIEF

DEPARTMENT PROFILE-COLUMBIA HEIGHTS POLICE DEPARTMENT

The police department has undergone a significant change since Chief Scott Nadeau’s hiring in 2008. Among these changes have been community oriented policing initiatives, the incorporation of problem oriented policing methodologies and the education and training of staff.

COMMUNITY ORIENTED POLICING (COP) Since 2008, the CHPD’s Strategic Plan has emphasized community policing and incorporated department-wide initiatives to address neighborhood and citizen groups, outreach and mentoring to youth, outreach and connecting with the city's diverse populations, an active Business Watch program and other forums and strategies designed to connect with community and strategic partners and stake holders.

participates in community-based outreach programs by assisting at the police department’s two weekly open gyms, being a school based Big Brother/Big Sister or reading antibullying books to elementary students. In 2013, approximately half of the police department’s employees participated in the school-based Big Brothers/Big Sisters at-risk youth mentoring program. An even larger number are partnered with elementary school classrooms to reinforce the school district's anti-bullying curriculum and facilitate two weekly open gym programs that had a gate count of over 3,500 kids last year.

The department is involved with public outreach programs such as Coffee with a Cop at least monthly and regular outreach to the city's multi-cultural and immigrant communities.

The police department's efforts in COP have led to some amazing relationships with the community's residents, elected officials, youth and other strategic partners. They also feel that this has been vital to the police department's receiving required funding in difficult economic times. Even more encouraging is that the officers have formed partnerships with the city’s residents and strategic partners to enhance programs initiated by the police department, so that now

Through redirecting department resources, and utilizing all department personnel, the CHPD committed over 4,000 hours to youth outreach in 2012 alone. In the past two years, the CHPD has received the Anoka County Public Health award for youth mentoring and violence prevention, an award from the MN Literacy Council for outreach to immigrant youth, the IACP Community Policing award. Most recently, they received Columbia Heights Independent School District 13 Superintendent’s Above and Beyond Award for mentoring and leadership in support of students. This is our School District’s highest award and it is typically given to district employees with years of dedicated service to the district’s youth.

The COP philosophy has continued to grow over the past five years and has been so strongly embraced in the CHPD and Columbia Heights community, that every employee is expected to participate in connecting with community and outreach. In addition to sworn staff, non-sworn staff also

Winter 2014

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DEPARTMENT PROFILE-COLUMBIA HEIGHTS POLICE DEPARTMENT

there over fifty non-police mentors at the city’s schools and the city’s businesses now sponsor Shop with a Cop efforts that help families in need during the holidays.

to utilize a formulaic approach to discover the underlying factors that are causing the crime and disorder instead of treating only the symptoms (the offenses themselves).

PROBLEM ORIENTED POLICING (POP)

Examples of the department's implementing POP philosophies include specially trained Crisis Intervention Team (CIT) officers to work with those identified as having a persistent mental illness, a dedicated street crimes unit for addressing specific neighborhood crime concerns and focusing on frequent offenders and patrol officers utilizing directed patrol techniques as well as going door to door in neighborhoods that are experiencing crime and disorder problems. Another key strategy to the POP philosophy is working with landlords to conduct quarterly trainings on best practices, while passing additional ordinances to hold them accountable to screen tenants and mitigate excessive calls for service on their properties.

In 2008, the CHPD also began to adopt the methodologies of POP and incorporate these methodologies into its daily activities. In POP, the police department dedicates resources that are designed to detect emerging crime trends, identify suspects and locations where crime is being committed and

RESULTS ACHIEVED IN THE PAST FIVE YEARS In addition to greater community support and stronger relationships with the identified strategic partners, the Columbia Heights community has seen a precipitous decrease in crime. The crime levels in the city of Columbia Heights are Captain Austin, Big Brother, Big Sister mentoring program.

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MINNESOTA POLICE CHIEF

DEPARTMENT PROFILE-COLUMBIA HEIGHTS POLICE DEPARTMENT

now approaching a 30-year low and the percentage of decline is in excess of those seen in Anoka County and the State of Minnesota.

Also encouraging, is that the arrest rate for juvenile offenders decreased in 2012 to almost half the number of juveniles arrested in 2007. While the department feels that there are a number of factors that influence crime and arrest rates, they believe that their investments in outreach and mentoring to the community's youth have and will continue to pay dividends in a lower crime rate, improved relationships and a more connected community.

Other initiatives that the CHPD have implemented include a comprehensive Wellness Program in which select staff are trained by the Cooper Institute and then meet with all department staff to answer questions and form a personalized wellness plan. CHPD is also involved in a process that seeks to change how decisions are made in the police department, by pushing down decision-making and strategic planning so that more day-to-day and long-term decisions are made by supervisory and line staff, as opposed to being more administratively driven.

LOOKING AHEAD

Chief Nadeau tell us about your career

The CHPD has stressed the need for education, both with its current staff and in its hiring practices. As a result, there has been an increase of eight percent of officers who are pursuing or hold at least a Bachelor's degree and an astounding 26 percent of all department officers are either pursuing or hold a Master's degree. In addition CHPD, has raised educational requirements for promoted positions. It is felt that the challenges of law enforcement in the new millennium require the ability to research best practices and utilize technology for critical evaluation and strategic planning.

I began my law enforcement career in 1985 as a CSO for the Brooklyn Center Police Department and began my career as a sworn officer in 1987. I have had the privilege of working as a police officer, community policing officer, detective, sergeant and commander while at the Brooklyn Center Police Department. I also had the opportunity to work as an FTO, a tactical officer and a hostage negotiator. I came to the CHPD in 2008, after being offered the Police Chief position. I have truly had a blessed career with a number of great mentors and fantastic opportunities to work in two different professional law enforcement agencies.

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Winter 2014

What's the best change you've seen in law enforcement?

A return to community oriented policing and an understanding that crime is not just an issue for the police, but for the entire community. At the CHPD, we have Sir Robert Peale's Nine Timeless Policing Principles prominently displayed in our Roll Call room to remind us of where we draw our authority and the need to engage our community in the process so that our activities are in alignment with their expectations.

How does the education that the Minnesota Chiefs of Police Association (MCPA) provides help you in your role as chief?

I have attended the CLEO and Command Academy, as well as the ETI since having become a chief. These educational forums and networking opportunities help to expose Minnesota law enforcement leaders to new concepts, 23

DEPARTMENT PROFILE-COLUMBIA HEIGHTS POLICE DEPARTMENT

thoughts and best practices. They have been vital to my professional development and I would recommend them to any law enforcement leader. I have also enjoyed helping to instruct the CLEO and Command Academy for the last couple of years and always come away with some new information from those in attendance.

can remain a positive force for change in a rapidly changing world.

What advice would you give to the next chief to take your place?

What is an event that occurred in your department that makes you the most proud?

I heard at a recent seminar that the two things that police officers don't like are change and the status quo. I have oftentimes found this to be true. Despite this fact, law enforcement leaders have to remain committed to their communities, dedicated to supporting their employees and receptive to new ideas and strategies so that their agencies

While police officers may often seem resistant to change, if it is effectively communicated and they are part of the process, they will accept it and go on to do amazing things.

The Above and Beyond Award received from the Columbia Heights School District in 2013 was one of the highlights of our community policing efforts, as well as being a career highlight for me. Receiving that award demonstrated that we were living out our mission and values in a way that is creating positive change for our youth and community.

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MINNESOTA POLICE CHIEF

Ambien and the Law Part 2

AMBIEN AND THE LAW PART 2

Authors: Jerrod Brown, Caryn Sullivan and Pamela Oberoi Contributors: Russ Wentz, Erv Weinkauf and Janina Wresh

(Editor’s Note: This is the second in a two-part series on Ambien and the Law. The first part was published in the Minnesota Police Chief,Volume 33, No. 3, Summer, 2013) As the importance of obtaining adequate sleep is becoming more widely acknowledged, the use of Ambien to combat insomnia has become commonplace among individuals in the United States. Detailed warnings of rare, but potential adverse, effects linked to illegal or violent behavior include sleepwalking, having sex while asleep, making phone calls or preparing or eating food while asleep (Truven Health Analytics, 2013).

Though generally innocuous, use of Ambien (and its generic version, Zolpidem) has occasionally been known to cause or contribute to unusual and sometimes illegal behaviors. Though most individuals who take sleep aids never become involved in the criminal justice system, Ambien-related crimes pose a serious dilemma for both the individual who ingests the drug as well the American judicial system which must deal with ensuing criminal behavior. The inhibitory properties enable perpetrators to take advantage of individuals who are rendered helpless. The drug’s amnesic properties can present problems when victims or perpetrators lack recall of important events.

This article will focus on instances in which Ambien use was considered to be a contributing factor in family violence, murder and sex related offenses.

AMBIEN AND MURDER While “sleep homicide” sounds like the plot of a thriller, sleepwalking and related homicide by individuals who took sedative-hypnotic sleep aids is not fiction, as evidenced by ongoing media reports. Although rare, some individuals who took Ambien reported experiencing aggressive behaviors, hallucinations and amnesia (Daley et al., 2011). Zolpidem remains one of the top-prescribed medications for insomnia. In sleep related legal cases associating violent or criminal behavior with the use of Zolpidem, defendants invoked a “sleep walking” defense or blamed the medication for their action (Daley et al., 2011).

Though the underlying complex behavior associated with Zolpidem use has yet to be fully understood, a decrease in the inhibitory drive has been considered as a mechanism of sleep walking in individuals who took the drug. There are serious safety implications arising from Zolpidem-associated complex behaviors (Chopra et al., 2012).

The media and case studies cite several examples of violent behavior leading to homicide when Ambien was involved. The Denver Post reported that a Colorado man who was charged Winter 2014

with first-degree murder after battering his best friend to death recalled nothing about the evening. In addition to drinking whiskey and taking Aleve, he had apparently taken five Ambien pills, the report stated.

Indeed, a psychological assessment of an individual who had threatened to blow up a plane during a flight from Paris to Atlanta concluded the person’s post-episodic amnesia was not constructed, but was similar to brain injury-induced amnesia.

Ambien’s influence on the brain chemistry could explain the potentially dangerous behavior.

Amnesia appeared to play a role in a case involving a man who took Ambien before killing his wife. Mr. A only recalls that on the night he killed his wife she had given him his medications, including an initial dose of Zolpidem, followed by another, when he continued to have difficulty falling asleep. He recalls nothing after taking the last pill (Paradis et al., 2012). Though he had been suffering from mental health problems, Mr. A had no history of violence, substance abuse or arrests.

In another spousal homicide case Mrs. B, described as affectionate and conscientious, also suffered from insomnia, as well as unspecified anxiety. When her anxiety medication failed to resolve her sleeplessness, her physician prescribed Zolpidem as a sleep aid. Three days after she killed her husband she had no recollection of entering the bedroom, placing a plastic bag over his head and striking him with a metal rod. Friends who later spoke with her described her as confused. She never shirked responsibility for killing her husband. In fact, she attempted suicide after she realized what she had done. Empty bottles of medication, including Zolpidem, were discovered along with other medications. Her doctor described her as displaying associative features (Paradis et al., 2012).

AMBIEN AND SEXUAL OFFENDING The use of a drug to modify a person’s behavior for criminal gain is not a new phenomenon. The rapid impairment of an individual’s functioning after ingesting the sleep aid creates potential for one to become both perpetrators of and victims of crimes. Zolpidem use can be difficult to detect due to a chemical instability, allowing for rapid clearance of body fluids (Villain et al., 2004; Lewis et al., 2007).

The recent increase in reports of drug-facilitated crimes such as sexual assault has caused alarm in the general public. Rendered helpless by the drug’s sedating effects, victims may be taken advantage of or subjected to non-consensual sexual acts (Salomone et al., 2012). For instance, a woman reported feeling “jelly legged” after drinking a cup of coffee with a male 25

AMBIEN AND THE LAW PART 2

companion. Though she recalled the subsequent sexual assault, she reportedly was unable to react or move her limbs due to the drug’s sedative effects (Lewis et al., 2007).

In another case, a male nurse offered a 21-year-old girl who was originally hospitalized for gastric disorders a cup of coffee. She was rendered unconscious; leading to the assumption the Zolpidem’s narcotic properties rendered her helpless against the sexual assault.

Given the medication’s amnesic effect, victims are less able to accurately recall the circumstances under which the offense occurred. Involuntary intoxication can result in a complete defense if the perpetrator can persuasively argue he or she committed the crime as a result of medication-induced intoxication. This potentially includes the involuntary commitment of criminal acts (Weeks, 2010).

CONCLUSION If, as appears likely, Ambien and its generic counterpart, Zolpidem, carry a risk of involuntary sedative and hypnotic effects, its use raises interesting challenges for both perpetrators and victims who find themselves in the criminal justice system after taking the medication.

REFERENCES Ansseau, M., Pitchot,W., Hansenne, M., et al. (1992), “Psychotic Reactions to Zolpidem,” Lancet, 339(8796):809.

Brodeur, M.R., Stirling, A.L. (2001), “Delirium Associated with Zolpidem,” Ann Pharmacother, 35, 1562–1654.

Cheze, M., Muekensturm, A., Hoizey, G.., Pepin, G., Deveaux, M. (2010), “A Tendency for Re-Offending in Drug-Facilitated Crime.

Forensic Science International,” 196, 14-17.

Chopra, A., Selim, B., Silber, M.H., Krahn, L. (2012), “Para-Suicidal Amnestic Behavior Associated with Chronic Zolpidem Use: Implications for Patient Safety,” Psychosomatics, Month 2012.

Colorado Court of Appeals, Div. II. (2009), People v. Walden No. 09CA0859. Retrieved from http://caselaw.findlaw.com/co-courtof-appeals/1187640.html.

Corey, R. (2010). Officer Faces Three Charges. Retrieved from http://www.ar15.com/forums/t_1_5/1068021_Officer_fires_wea pon_in_apartment_during_argument_with_girlfriend_.html.

Corey, R. (2010). Officer to Return to Work Soon. Retrieved from http://behindthebluewall.blogspot.com/2010/08/al-officerguthrie-explains-domestic.html.

Daley, C., McNiel, D., & Binder, R. (2011), “I Did What?” Zolpidem and the Courts. J Am Acad Psychiatry Law, 39, 535–542.

Dolder, C.R., & Nelson, M.H., (2008), “Hypnosedative-Induced Complex Behaviors: Incidence, Mechanisms and Management.” CNS Drugs, 22, 1021–36.

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Duggett, A., 2012. Ambien Addiction and Abuse. Retrieved from http://drugsdb.com/rx/ambien/ambien-addiction-abuse FDA, U.S. Food and Drug Administration. (2013). Sleep Disorder (Sedative-Hypnotic) Drug Information. Retrieved from: http://www.fda.gov/drugs/drugsafety/postmarketdrugsafetyinfo rmationforpatientsandproviders/ucm101557.htm.

Huang, C.L., Chang, C.J., Hung, C.F., & Lin, H.Y. (2003), “ZolpidemInduced Distortion in Visual Perceptio,”. Ann Pharmacother, 37, 683–686.

Inagaki, T., Miyaoka, T., Tsuji, S., Inami, Y., Nishida, A., Horiguchi, J., (2010). Adverse Reactions to Zolpidem: Case Reports and a Review of Literature, Prim Care Companion J Clin Psychiatry, 12, 6.

Jones, A.W., & Holmgren, A., (2012). Concentrations of Zolpidem and Zopiclone in Venous Blood Samples from Impaired Drivers Compared with Femoral Blood from Forensic Autopsies. Forensic Science International, 222, 118–123.

Lewis, J.H., Vine, J.H. (2007). A Simple and Rapid Method for the Identification of Zolpidem Carboxylic Acid in Urine. Journal of Analytical Toxicology, Vol. 31, p. 195-199.

Paradis, C. (2010). The Measure of Madness. Ambien, Delusions, and Violence: Is There a Link?, Psychology Today. Retrieved from: http://www.psychologytoday.com/blog/the-measuremadness/201005/ambien-delusions-and-violence-is-there-link.

Paradis, C., Siegel, L.A., Kleinman, S.B. (2012). Two Cases of Zolpidem Associated Homicide. The Primary Care Companion for CNS Disorders, 14, 4.

“Side Effects,” (2013). Directed by Steven Soderbergh. Retrieved from: http://www.sideeffectsmayvary.com/.

Strickland, R. (n.d.). Prescription Drugs and Domestic Violence: The Side Effects are Real. Retrieved from http://feminspire.com/prescription-drugs-and-domesticviolence-the-side-effects-are-real/.

Salomone, A., Gerace, E., Corcia, D., Martra, D., Petrarulo, M., Vincenti, M. (2012). Hair Analysis of Drugs Involved in DrugFacilitated Sexual Assault and Detection of Zolpidem in a Suspected Case. International Journal of Legal Medicine; Vol. 126 Issue 3, p 451.

Truven Health Analytics. (2013). Zolpidem by Mouth.

PubMedHealth in U.S. National Library of Medicine. Retrieved from: http://www.ncbi.nlm.nih.gov/pubmedhealth/PMHT0012721/?re port=details.

Tsai, M.J., Huang, Y.B., & Wu, P.C. (2003). A Novel Clinical Pattern of Visual Hallucination After Zolpidem Use. J Toxicol Clin Toxicol, 41, 869–872.

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AMBIEN AND THE LAW PART 2

U.S. Food and Drug Administration. (2007). FDA Requests Label Change for All Sleep Disorder Drug Products. U.S. Department of Health and Human Services. Retrieved from http://www.fda.gov/NewsEvents/Newsroom/PressAnnounceme nts/2007/ucm108868.htm Villain, M., Cheeze, M., Traqui, A., Ludes, B., Kintz, P. (2004).

Windows of Detection of Zolpidem in Urine and Hair: Application to Two Drug Facilitated Sexual Assaults. Forensic Science International, 157-161.

Weeks, B., 2010. The Ambien Defense: Getting Away With Murder‌). Retrieved from http://weeksmd.com/?p=3774

ABOUT THE AUTHORS: 1.

Jerrod Brown, MA, MS, MS, MS is the treatment director for Pathways Counseling Center, Inc. Pathways provides programs and services benefitting individuals impacted by mental illness and addiction. Mr. Brown is also the founder and CEO of the American Institute for the Advancement of Forensic Studies (AIAFS). His additional research interests include autism, fetal alcohol spectrum disorders, forensic aspects of sleep disorders and serial killers.

2. Caryn Sullivan has a background in communications and law. She has worked in both private and corporate law settings and served as assistant city attorney handling misdemeanor prosecutions for a municipality. The parent of an adult child with Autism Spectrum Disorder, she is a contributing columnist for the St. Paul Pioneer Press Opinion page, freelance writer and editor and speaker on topics such as autism, resilience, and advocacy. www.carynsullivanscribe.com.

3. Pamela Oberoi is currently the manager of the refugee mental health program at Pathways Counseling Center. She has also worked as a mental health services provider for individuals suffering from Severe and Persistent Mental Illness (SPMI). Pam is currently in the process of writing her thesis, "Refugee Mental Health - The Re-Creation of Stability," for a degree in psychotherapy and counseling as well as completing a master's degree in peace studies. Pamela also serves as a volunteer forensic mental health research assistant for the American Institute for the Advancement of Forensic Studies (AIAFS). Her background is in political science and political psychology. She worked as the director of an asylum and refugee center in Austria and has given guest lectures at several universities.

ABOUT THE CONTRIBUTORS: Russ Wentz, MA obtained his Master of Arts degree in mental health from Adler Graduate School. Russ is employed at Pathways Counseling Center as a mental health practitioner working with forensic clients diagnosed with mental and chemical health disorders.

Erv Winkauf, MA is a retired 40-year law enforcement veteran with 19 years of teaching experience. He currently serves as chairperson of the Concordia University Criminal Justice Department in St. Paul.

Janina Wresh has 19 years of experience in law enforcement working in forensics crime laboratories, courts and adult detention centers. She has served as a deputy sheriff, police officer, domestic abuse response specialist, crisis intervention specialist and crime scene technician. Janina also serves as AIAFS’ Chief Operating Officer.

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27

What Police Chiefs NEED to Know About Health Care Reform

LMC-HEALTH CARE REFORM

By Laura Kushner, HR Director, League of Minnesota Cities

Recently, my husband and I had a conversation that reminded me how very little most people WANT to know about their insurance benefits. It went something like this: Him: “Here’s a bunch of stuff our benefits people sent us. I think it has something to do with health care reform.”

Me: “This makes my head hurt and I’m in the HR/benefits field! I can’t imagine what it does to the rest of the world.”

Him: “We just don't read it.”

In that spirit, I decided to write an article that boils health care reform down to only a few things I think you NEED to know for right now. Here they are: Is my city likely to drop employee health care coverage due to health care reform?

If you work in a city that meets the definition of “large employer (generally 50 or more FTE),” the answer is “probably not.” Large employers will face penalties if they do not offer a certain level of affordable health care coverage to their fulltime (30+ hours per week) employees.

In addition, most cities will want to remain competitive employers and health insurance remains a very important employee benefit. That said, there may be some situations where the health care reform penalties will cost less than offering the coverage and the city may decide to just pay the penalties and be done with it. I haven’t yet heard of any city that was definitely going in that direction.

Cities that are small employers are not subject to penalties and it’s possible they will decide to get out of the group health care business and just offer their employees additional compensation instead. The tricky part of this is that health care reform may prohibit employers from offering cash incentives for employees to opt out of their coverage in order to go get coverage on the Exchange. And if the city drops coverage altogether, reimbursing employees with pre-tax dollars for individual coverage poses additional concerns. So if your city is thinking of going in that direction, it should seek expert advice before proceeding.

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What is the individual (not employer) penalty for not carrying health insurance starting in 2014?

The penalty for 2014 is the greater of $95 per uninsured person or one percent of household income over the filing threshold. The penalties go up significantly in 2015 and 2016 so there will be a lot of incentive at that point for everyone, including your employees, to carry insurance. If your city doesn’t currently offer group health insurance, it’s possible that your employees will pressure the city to start carrying it and/or pay them more so they can purchase it on the Exchange.

What is an “Exchange” and how does it work?

It’s a sort of marketplace where Minnesota residents can shop for health care coverage on-line. Think about some of the websites you use right now to find good deals on things you buy – like Expedia or Amazon or ebay. Now there’s a website for health insurance. In Minnesota, we chose to have our own exchange vs. using the federal website (the federal website is the one that’s getting all of the bad publicity). Our Minnesota website/exchange is called MNsure. You can find it at http://www.mnsure.org/. I’ve gone online to see how it works and, from what I’ve seen, the plans they are offering are good and the prices are competitive.

What impact is health care reform likely to have on our group health insurance rates?

Well, that depends a lot on the size of your city and what you have in place right now. It is true that many employers will see rate increases because there are additional taxes and fees associated with health care reform that may cause rates to increase. However, there are factors associated with health care reform that may mean better rates for other employers, especially if they are a small city. For example, pre-existing conditions will no longer be considered to determine coverage and, depending on the average age of the group, these factors may mean rates may be better in 2014. Also, there may be more competition in the market so insurance providers will probably be careful about how they set rates so they don't lose their customer base.

MINNESOTA POLICE CHIEF

LMC-HEALTH CARE REFORM

How will health care reform affect our city’s ability to negotiate health care coverage with the union?

Again, that depends on a lot of factors but one thing that the League is recommending that all cities do negotiate contract language that allows the city to reopen the contract on health insurance contributions every year. That’s because we don’t really know yet what impact health care reform will have on group health insurance plans and you may want to make changes because of health care reform regulations that aren’t yet out. For example, the so-called “Cadillac tax” could cause cities to pay significantly more for group insurance in some cases and the city will want to be able to negotiate contribution increases with the union if that happens. The “Cadillac tax” is not slated to happen until 2018 and some say it may never actually happen, but it’s best to be prepared.

with the employee, are attending school, are not financially dependent on the employee or are eligible to enroll in their employer’s plan.

• There will now be a maximum out of pocket limit (what you have to pay out of pocket, like co-pays, deductibles, etc.). For 2014, it will be $6,350 for individuals and $12,700 for families. This number will be indexed annually.

• Those “lifetime maximum limits” that your plan may have had in the past will soon be gone under health care reform if they aren’t already.

Are there any other impacts on public safety?

I have zero expertise in this area, but I am starting to hear that there is some “good news/bad news” associated with health care reform and first responders/ambulance services. A quick internet search seems to indicate that ambulance service will be covered at 100 percent in the future under health care reform. Another article says that accountable care organizations (ACO’s), (most likely hospitals will assume the role of ACO’s for ambulance service) will dictate which ambulance services are used because the ACO’s will be the ones receiving the payment for all associated services. While emergency transportation is dictated by the Minnesota Emergency Medical Services Regulatory Board here in Minnesota, hospital to hospital/facility to facility ambulance services may be impacted by the ACO aspect of health care reform. It sounds like we all need to do more research on this last topic.

• If an employer health plan covers children, employees can add or keep their children on their health insurance policy until they turn 26 years old. Children may join or remain on an employer plan even if they are: married, not living

Stay tuned to the League’s web site http://www.lmc.org/page/1/health-care-reform.jsp if you want to know more, but for now, you know (at least some) of what you NEED to know.

What other changes will police department employees notice as part of health care reform?

• There is a new limit of $2,500 per person as of 1/1/2014 on medical care flexible spending accounts that did not exist prior to this year.

Winter 2014

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R

Confabulation and FASD: Understanding Connections Between Damage to the Brain, FASD and Testimony

CONFABULATION AND FASD

By Pamela Oberoi and Jerrod Brown Contributors: Russ Wentz, Erv Weinkauf, Janina Wresh and Caryn Sullivan

Review of literature and research on Fetal Alcohol Spectrum Disorder (FASD) establishes that prenatal alcohol exposure by the fetus can lead to brain damage. Damages to the structure of the brain can have a severe impact on the individual’s functioning, cognitive and social abilities, expressions and behaviors. Depending on the region of the brain that has been damaged, the loss of function and the impairment becomes evident through behaviors and expressions.

Although awareness about FASD and the related impairments for individuals in their daily functioning has increased, it remains difficult to identify and understand the nature of damages and their implications on various areas of life. While common sense allows for an understanding that these damages cause great problems, screening and assessment by a professional are required in order to determine the scope and nature of the damage.

One of the many issues that arises from damage to the brain through prenatal exposure to alcohol is the “construction of memory” or confabulation. Awareness about this topic is particularly important for professionals in the criminal justice system. Police officers, lawyers, judges and probation officers are likely confronted with this phenomenon more often than they realize. The following article will provide an overview of the topic by explaining the connections between FASD, brain structure and damage to the brain structure and defining confabulation.

FASD AND THE BRAIN Prenatal alcohol exposure has been associated with widespread neuropsychological deficits across several domains, causing significant impairment and disadvantages for affected individuals. The damages and deficits can impact general intelligence, memory, language, attention, learning, visuospatial abilities, executive functioning, fine and gross motor skills, social and adaptive functioning (Guerri et al., 2009; Schnider, 2008).

Impairments in verbal and nonverbal learning and memory may be connected to low IQ levels (Guerri et al., 2009). Diminished intellectual capacity has been a common neurocognitive finding (Mattson et al., 2011). Studies suggest that long-term 30

retention of verbal information is intact; however, encoding processes may be impaired. Abnormalities in the frontalsubcortical pathway and damage to the left hemisphere (Guerri et al., 2009) are linked to visuospatial processing deficits (Mattson et al., 1996).

Executive function and higher order cognitive processes are often impacted by prenatal exposure to alcohol. Frontalsubcortical circuits that involve projections from other parts of the brain have been found to be highly vulnerable to the exposure of ethanol (Mattson et al., 2011; Fryer et al., 2007).

Executive functioning is necessary to maintain adequate problem solving abilities for the attainment of future goals. This involves the ability to plan, organize, strategize, notice and contextualize details and manage time and space (Welsh et al., 1988). Impairment of executive functioning can have devastating effects on individuals and their ability to comprehend or communicate effectively.

“HONESTLY LYING” UNDERSTANDING CONFABULATION Rarely are we aware of the nature of confabulation. While the information conveyed by confabulators is obviously false, we tend to label this as a lie. The messenger, however, is unaware of this falsehood. The initial definition of confabulation included the recounting of memories that lack correspondence to real experienced events. More recently, confabulation defines a wide range of errors in memory, including distortions, descriptions of false realities and less dramatic errors such as the description of intrusions, embellishments and elaborations and the paraphrasing of existing memories (Guerri et al., 2009).

This is not the same as lying. The differentiation between confabulation and lying can be made due to the falsification of memories through guessing or imagining an event while then backfilling and assuming the reality in the event of confabulation. Liars are aware of the falsehood of their statements; confabulators are not (Zannino et al., 2008). Brain damage can lead to this production of false memories without the awareness of their falsehood (Fotopoulou, 2008). Research suggests that confabulation may be linked to frontal executive impairment or failure resulting in difficulties to self-monitor and control thinking. Some studies show that confabulation in MINNESOTA POLICE CHIEF

CONFABULATION AND FASD

connection to brain damage correlates with provoked confabulation (Schnider, 2003).

Many existing theories attempt to explain the reasons and etiology of confabulation. A confusion of events due to a disturbed sense of chronology may cause confabulation when memories from an older time period are judged as currently relevant (Turner & Coltheart, 2010). Spontaneous confabulation may result from impairment in the ability to filter information, while habits and recurring events may also play a role (Nahum, Ptak, Leemann, & Schnider, 2009). Differentiation between incoming and new information and information stored in old memories due to a failure in the ability to suppress active but irrelevant memory has been linked to confabulation (Schnider, 2008). While provoked confabulation occurs more frequently after brain damage, spontaneous confabulation has been linked to changes and lesions in the brain structure, particularly pertaining to changes in the basal forebrain, hypothalamus and the dorsomedial thalamic nucleus (Schnider, 2008). Damage to the prefrontal cortex can lead to impaired memory of perceptual context features (Ciaramelli & Spaniol, 2009) and to difficulties in distinguishing memories from other mental products (Fotopoulou et al., 2007).

Developmental impairment may constitute one of the many and complex causes of confabulation. While telling tales is typical in

younger children, older individuals suffering from FASD may exhibit the same symptoms due to an arrested development, thereby exhibiting behaviors that are appropriate for much younger individuals (Nedjam et al., 2004).

TESTIMONY, RELIABILITY AND FASD Increasing understanding of definitions and possible origins and connections to brain functioning is important in order to create awareness about confabulation and the link to FASD. This understanding is necessary in order to curb the risk of false confessions and testimony and to avoid the consequences thereof. There is a high risk of suspects suffering from FASDrelated brain damage taking responsibility for an act not committed. This risk of being misunderstood by police officers, lawyers and courts can be minimized if they obtain comprehensive medical and legal reports to assess the individual’s ability to testify adequately (Fast & Conry, 2006).

Needless to say, suspects suffering from alcohol-related brain damage are at a profound disadvantage and are vulnerable when interviewed or questioned by police. Impaired understanding of legal rights and susceptibility to acquiescence, suggestibility and compliance can lead to confabulation (Clare & Gudjonsson, 2010). Suggestive questioning can lead to false testimony in cases involving persons impacted by FASD. Other generated confabulation created through suggestive

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CONFABULATION AND FASD

questioning is highly unreliable (Pedzdek et al., 2009). Criminal justice professionals must be aware that encouraging these eyewitnesses to guess or fill in possible answers bears a high potential of self-generated confabulation (Ibid. 2009). When investigators suggest information or pressure eyewitnesses to remember, the likelihood of confabulation can increase greatly.

Suggestive answers are more likely to lead to the repetition of the answer and bear the potential to generate false accounts (Pedzdek et al., 2009).

Translating neuropsychological findings of impairments caused to individuals suffering from FASD into simple language allows for the understanding that difficulties can arise in the following areas (all of which are crucial to giving adequate testimony): • Keeping track of time

Fryer, S.L., Tapert, S.F., Mattson, S.N., Paulus, M.P., Spadoni, A.D., & Riley, E.P. (2007). “Prenatal Alcohol Exposure Affects Frontal-Striatal BOLD Response During Inhibitory Control.” Alcoholism: Clinical and Experimental Research, 31, 1415–1424.

Gilboa, A., & Verfaellie, M. (2010). “Telling It Like It Isn’t: The Cognitive Neuroscience of Confabulation.” Journal of the International Neuropsychological Society, 16, 961–966.

Guerri, C., Bazinet, A., & Riley, E.P. (2009). “Fetal Alcohol Spectrum Disorders and Alterations in Brain and Behavior.” Alcohol & Alcoholism, 44, 108–114.

Mattson, S.N., Gramling, L., & Delis, D. (1996). “Global–Local Processing in Children Prenatally Exposed to Alcohol.” Child Neuropsychol, 2, 165–175.

• Planning, structuring and organizing

Mattson, S.N., Crocker, N., Nguyen, T.T. (2011). “Fetal Alcohol Spectrum Disorders: Neuropsychological and Behavioral Features.”

Neuropsychol Rev, 21, 81–101.

• Telling stories (verbally or in writing) or recounting situations and experiences in a detailed, organized and sequential manner

Nahum, L., Ptak, R., Leemann, B., & Schnider, A. (2009).

Disorientation, Confabulation, and Extinction Capacity: Clues On How the Brain Creates Reality. Biological Psychiatry,” 65, 966 – 972.

• Memorizing and retrieving information from memory

Nedjam, Z., Devouche, E., & Dalla Barba, G. (2004).

“Confabulation, But Not Executive Dysfunction Discriminate AD From Frontotemporal Dementia.” European Journal of Neurology, 11: 728–733.

• Keeping track of more than one thing simultaneously

• Retaining information In order to gain a more qualified understanding of the effects of alcohol-related damage on the brain, it is important for anyone who might be dealing with individuals affected by FASD to receive adequate training. This is particularly true for judges, attorneys, social workers, lawmakers and law enforcement officers. Training can be related to etiology, presentation and possible interventions. This will not only increase understanding of the issue, but will also help to find solutions (Tinker, 2010).

REFERENCES Ciaramelli, E., & Spaniol, J. (2009). “Ventromedial Prefrontal Damage and Memory for Context: Perceptual Versus Semantic Features.” Neuropsychology, 23, 649-657.

Clare, I.C.H., & Gudjonsson, G.H. (2010). “The Vulnerability of Suspects with Intellectual Disabilities During Police Interviews: A Review and Experimental Study of Decision-Making.” Mental Handicap, 8, 110–128.

Fast, D., & Conry, J. (2006). “The Challenge of Fetal Alcohol Syndrome in the Criminal Legal System.” Addiction Biology, 9, 161–166.

Fotopoulou, A. (2008). “False Selves in Neuropsychological Rehabilitation: The Challenge of Confabulatio.” Institute of Psychiatry, King's College London, UK. P. 541-565.

Fotopoulou, A., Conway, M. A., & Solms, M. (2007).

“Confabulation: Motivated Reality Monitoring.” Neuropsychologia, 45, 2180 –90.

Pezdek, K., Lam, S.T., & Sperry, K. (2009). “Forced Confabulation More Strongly Influences Event Memory If Suggestions Are OtherGenerated Than Self-Generated.” Legal and Criminological Psychology, 14, 241–252.

Schnider, A. (2003). “Spontaneous Confabulation and the Adaptation of Thought to Ongoing Reality.” Neuroscience, 4, 662 671.

Schnider, A. (2008). “The Confabulating Mind: How the Brain Creates Reality.” Oxford: Oxford University.

Tinker, V. (2010). “We’re Aware of FASD. Now What?” Peninsula Clarion. Retrieved from http://peninsulaclarion.com/stories/090910/ope_706044652.shtml Turner, M., & Coltheart, M. (2010). “Confabulation and Delusion: A Common Monitoring Framework.” Cognitive Neuropsychiatry, 15, 346–376.

Welsh, M.C., & Pennington, B.F. (1988). “Assessing Frontal Lobe Functioning in Children: Views from Developmental Psychology.”

Developmental Neuropsychology, 4, 199–230.

Zannino, G.D., Barban, F., Caltagirone, C., & Carlesimo, G.A. (2008).

“Do Confabulators Really Try To Remember When They Confabulate?” Cogn Neuropsychol, 25, 831-852.

ABOUT THE AUTHORS Pamela Oberoi is currently the manager of the refugee mental health program at Pathways Counseling Center. She has also worked as a mental health services provider for individuals

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MINNESOTA POLICE CHIEF

CONFABULATION AND FASD

suffering from Severe and Persistent Mental Illness (SPMI). Pam is currently in the process of writing her thesis, "Refugee Mental Health - The Re-Creation of Stability," for a degree in psychotherapy and counseling as well as completing a master's degree in peace studies. Pamela also serves as a volunteer forensic mental health research assistant for the American Institute for the Advancement of Forensic Studies (AIAFS). Her background is in political science and political psychology. She worked as the director of an asylum and refugee center in Austria and has given guest lectures at several universities.

Jerrod Brown, MA, MS, MS, MS is the treatment director for Pathways Counseling Center, Inc. Pathways provides programs and services benefitting individuals impacted by mental illness and addictions. Mr. Brown is also the founder and CEO of the American Institute for the Advancement of Forensic Studies (AIAFS). His additional research interests include autism, fetal alcohol spectrum disorders, forensic aspects of sleep disorders and serial killers.

ABOUT THE CONTRIBUTORS Russ Wentz, MA obtained his Master of Arts degree in mental health from Adler Graduate School. Russ is employed at Pathways Counseling Center as a mental health practitioner

Winter 2014

working with forensic clients diagnosed with mental and chemical health disorders.

Erv Winkauf, MA is a retired 40-year law enforcement veteran with 19 years of teaching experience. He currently serves as chairperson of the Concordia University Criminal Justice Department in St. Paul.

Janina Wresh has 19 years of experience in law enforcement working in forensics crime laboratories, courts and adult detention centers. She has served as a deputy sheriff, police officer, domestic abuse response specialist, crisis intervention specialist and crime scene technician. Janina also serves as AIAFS’ Chief Operating Officer.

Caryn Sullivan has a background in communications and law.

She has worked in both private and corporate law settings and served as assistant city attorney handling misdemeanor prosecutions for a municipality. The parent of an adult child with Autism Spectrum Disorder, she is a contributing columnist for the St. Paul Pioneer Press Opinion page, freelance writer and editor, and speaker on topics such as autism, resilience and advocacy. www.carynsullivanscribe.com.

33

Retired Chief

RETIRED CHIEF

Gary B. Link, Director of Training and Auditing, MN Justice Information Services, BCA, Chief, New Hope Police Department (ret.)

Tell us about your career and how you got started.

I first became interested in a law enforcement career during high school writing a research paper on the FBI. I was unable to pursue a career with the FBI because I didn’t reach the minimum height requirement. My interest in law enforcement was rekindled when I was taking a police administration class at the University of Minnesota. Former Minneapolis Police Chief Donald Dwyer was the instructor. His stories covered the law enforcement methods of the 40s and 50s on Washington Avenue up through his time as chief of Minneapolis Police Department during the social unrest and riots of the late 60s. When the chief posted a job opening for a CSO position with the New Hope Police Department, I applied and was hired. It was a new program for the department so we were involved in many different roles. I performed duties as a park ranger, animal control, bicycle patrols, crime prevention, community service activities and dispatching. I rode along with officers whenever I could.

A little less than three years later, New Hope hired me as a police officer. I worked as a patrol officer, investigator and patrol sergeant, served on the SWAT Team and worked the final 12 years as chief. I realized on the day of my retirement that I had worked for New Hope 37 years to the day.

Our National Night Out participation more than doubled which lead to several awards. Our school resource officer program expanded to meet increasing needs at Cooper High School and an Intermediate Educational Facility. On two separate occasions, I was involved in exploring the potential for us to merge with the Crystal Police Department. An extensive report was produced and both city councils discussed the matter at length eventually deciding to stay separate for the time being. The two cities formed the West Metro Fire District 15 years ago. Many of our programs had to be cut back when the state withdrew Local Government Aid as well as cutting personnel. Many different groups from around the world moved into New Hope creating both challenges and opportunities as we dealt with cultural expectations and understandings very different from what we had traditionally experienced. We worked with the schools to educate the different cultures and our officers about the services the department provides and how best to meet their needs. During my last seven years, I hired 17 new officers, over half the department. My coworkers have all been fantastic.

Staff supported each other, successfully faced all challenges, people grew in their careers and gave it their best effort every day. I was fortunate to have a city manager and council that supported training for staff and development of individuals for greater responsibilities.

One of my personal highlights was the opportunity to participate in the European Learning and Training Exchange (ELATE) Program. Chief Kastanos developed a program where

Tell us about your department – Highlights, changes, challenges, officers etc.

The department had 31 sworn officers, seven full-time and seven part-time civilian staff serving a population of 21,000 living in 5.3 square miles. Over half of the housing units were multiple dwellings. The department has gone through many changes often driven by community needs and financial restrictions. When I was appointed chief in 1999 we experienced a complete change in the command and supervisory positions.

In addition to being a new chief, both captains and all the sergeants were freshly appointed to their positions. We also hired five officers that year. For several years we had a civilian supervisor for our community services who successfully revised, reenergized and created programs benefiting the community.

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Safety Camp graduation.

MINNESOTA POLICE CHIEF

RETIRED CHIEF

officers would spend a little over two weeks being exposed to policing methodology in other countries. We then hosted their officers during the second half of the training exchange. My training experience was with the Central Scotland Police in 1985. It was both an educational and social learning experience that I will always remember. In 1990, I completed the six-week Inspector’s Development Course with the Northumbria Police Force in Ponteland, England located near Newcastle Upon Tyne

in northeastern England. It was excellent training for a newly promoted sergeant. The training consisted of readings, discussions, role-playing, research projects, presentations and a capstone paper. The class of 13 included one person from Burlington, Ontario, Canada and one legitimate Geordie (think Al Capp) whom no one, including the Brits, could understand very well. Both experiences enriched my mind and soul while giving me new perspectives to weigh. I developed friendships that last to this day.

What were your duties?

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My duties included the expected tasks. I had completed a 90-hour arson investigation course so I investigated those. During my years as an investigator, one of my primary duties was investigating all the child sexual assault cases. I took each very personally. My wife told me she could always tell by the look on my face whenever I had a new case. I always viewed the chief’s primary duty as a communicator – with the city staff and city council, the police department staff, the residential and business community, educators and the religious community, all the other law enforcement professionals and the social groups that contributed so much to the vitality of the city.

Successfully handling the everyday duties of a chief – political considerations, community expectations, personnel, operations, planning and budgeting – all lead to leaving the agency in a better position to address the growing demands and expectations in the future. I served as the city liaison with the Human Rights Commission.

Tell us about how the department and the community interact. How they work together, challenges they’ve had to overcome, how the population affects the policing now, in the past, changes in the future.

Interaction with the community was a continuous process of connecting for the purpose of sharing information, identifying needs and laying out goals to address those needs. It was one achieved both formally and informally through the relationships one develops. The department actively participated in school 35

RETIRED CHIEF

and community events initiated by us and by others in an effort to continually be in contact with the community. We operated several programs designed to reach out to the community and keep an open channel of communication.

How did the Minnesota Chiefs of Police Association (MCPA) serve you while you were chief?

The MCPA was a ready source of information and guidance. I always felt comfortable asking questions when I needed information or advice. The annual Executive Training Institute (ETI) was an excellent source of training and new information. I was fortunate enough to attend the very first CLEO and Command Academy. I was able to witness the growth of the excellent training the MCPA offers to both CLEOs and supervisory staff sending all of my staff to one of them during my term as chief.

How does the education that MCPA provides, ETI for instance, help you in your role as a retired chief?

While I haven’t been able to attend the sessions at ETI since I retired, my job has kept me in touch with Minnesota law enforcement professionals at ETI and other conferences and informed about the trends and developments in law enforcement. Knowing what the concerns are for Minnesota law enforcement helps me in my current job as Director of Training and Auditing for the Minnesota Bureau of Criminal Apprehension.

If given three realistic wishes for your past department, what would they be?

1. A new facility (now being seriously considered by the city council).

2. An adequately budgeted training section to meet all department and employee needs.

3. Merging of at least New Hope and Crystal – more would be better, on an all departments basis, not just the police department, that would realize efficiencies and effectiveness in service delivery.

What are your goals for the future?

I plan to continue working for the BCA for the foreseeable future because I enjoy the challenges, the continuing connection to law enforcement and the ability to have a positive impact. My wife and I are travelling more often, getting out of Minnesota during the winter for a break and we have some worldwide “bucket list” trips planned. My grandson just turned three so we are having lots of fun with him. The last goal is to spend more time on the golf course and lower my handicap!

Are you staying connected professionally?

I stay connected through the weekly C- Notes, publications, membership in associations and through my current job.

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2006 New Hope Mayor’s Prayer Breakfast

Immediately after retirement, I spent my first two years at the BCA as a product manager travelling the state meeting chiefs and sheriffs and their staffs, being available at conferences and other venues, reestablishing relationships between Minnesota criminal justice users and the BCA. Not only have I been able to stay in touch with law enforcement professionals and develop new law enforcement friends, I have also benefited from their sharing information. As the Director of the Training and Auditing Unit, I continue to interact with the association and its members.

Was retiring a difficult transition for you?

I had been planning on retiring for a while and was emotionally ready for that step. There were the expected adjustments, the hardest being not seeing people every day that I had worked with and cared about for so long. After working for the same employer for 37 years, it was a challenge adjusting to a new culture, new coworkers and a technology based unit that has challenged me to learn new information every single day.

How did you decide to retire?

I had established certain things I wanted to accomplish before leaving New Hope so I had a timeline in mind. I had reached the stage where I was maintaining perspective but felt it was slipping away from me. I was growing weary and wanted a fresh start with new challenges. I knew I wanted to continue working in a field that would keep me in contact with law enforcement that did not have the same personnel demands as being chief.

Bob Hernz, the former chief at neighboring Golden Valley recommended I take a look at a new position at the BCA. I believed it would be a good fit for me so when the BCA offered me the job I was ready to move on to the next part of my professional.

How did you handle the weeks and months just prior to your retirement?

Everything I did was with an eye toward doing things in the best possible way for the department and my successor. I MINNESOTA POLICE CHIEF

RETIRED CHIEF

started preparing notes on procedures, made certain reference materials were organized and that files were purged of unnecessary information. I left instructions about pending activities and, if they felt the need, how I could be contacted by my successor. I informed the people and groups I worked with of the impending change assuring them the department would continue to work closely with them. I informed them about whom to contact during the transitional time. While I was doing this, there was also a level of separation knowing that I couldn’t accomplish everything on the table but would have to pass on to someone to decide what was important to do next. I found myself giving an overview of the department and expectations for the future to groups I had worked with for years. I found I needed to budget time to talk with people who upon learning of my retirement wanted to ask questions and discuss a career.

There were also a lot of lunches and catching up with people.

What was an event in your career that made you the most proud?

I had a case where a young adult woman had been sexually assaulted by her father since she was a teen. The father was convicted but served minimal time. Most importantly, I was able to stop the years of abuse and assist the victim in getting the help she desperately needed. About 18 months later I received a Christmas card with a three-page letter from her. She described the incredible path her life had taken, the wonderful

changes she had experienced and how she was now helping other victims. She wrote how my efforts had allowed her to escape a life she had considered ending into one where she was fulfilled. I still have the letter. It reinforced all the reasons why I chose a career in law enforcement.

Tell us what you are most proud of in your career.

A law enforcement career exposes one to many horrible events in the human condition. I was told by a mentor when I started and I have shared this with everyone I have worked with, especially the people I have hired, that one of the toughest things a law enforcement professional faces is the ability to maintain perspective. If one can do that, they will provide the best service to the community, be the best coworker and the best family person they can be. While I was far from perfect I have for the most part achieved keeping perspective.

Is there one event you would like to forget?

Though there are some things I would have liked to have done better I have accepted all that I experienced as different parts of a career. I think the healthiest way to deal with the troubling parts of a career is to understand things as best as possible and accept that one did the best they can with the knowledge that one can’t make everything right.

What advice would you give to the chief taking your place?

Be yourself, you got here because of who you are. Maximize your strengths and improve upon your weaknesses.

Remember your priorities; community, department and staff. And don’t feel bad, every chief underestimates the amount of time they will spend on personnel issues.

What changes, good or bad, have you seen along the way in your career?

The training we provide new officers is vastly better. We have moved in the right direction providing support and services to our employees to help them be healthy physically and emotionally throughout their careers. The educational level of the profession has dramatically improved and we have placed an important emphasis on leadership and ethical behavior. Our use of technology to carry out our mission has dramatically improved and will continue to do so. However, we need to ensure our use of that technology is properly used and not abused. While I have witnessed an increase in the recognition of law enforcement for Winter 2014

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the service they provide to the community, the level of oversight and scrutiny has also increased.

Law enforcement will have to continue evolving and pushing forward under that scrutiny and the increasing expectations from society.

What is the best change you have seen in law enforcement?

I would list three things.

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3. Technological advances that have improved our ability to solve crimes, holding the guilty accountable while ensuring the innocent remain free.

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What do you do in your free time?

I am reading more now than I have in quite a while. I am spending more quality time with my wife, children and grandchild. I am taking more time to socialize with family and friends. I am travelling more and want to spend more time on the golf course.

• Nationally certified instructors • Fleet of squad cars • Year-round programs • POST license renewal tracking

Tell us about your family.

I live in Maple Grove with my wife of 36 years, Lorrie. We have two sons who both chose careers as software engineers. Michael works for a small computer company in Minneapolis. He has also written several software programs which he has sold around the world. Michael is married to Jennifer and they have a three-yearold son, William. He loves coming to Bumpa and Ya Ya’s house to play. We also have a 17-year-old step grandson, Tristen, who is a senior in high school. Our second son Jon works for a retail furniture company.

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MINNESOTA POLICE CHIEF

DEPARTMENT PROFILE - WORTHINGTON POLICE DEPARTMENT

Worthington Police Department Chief Michael Cumiskey, Tell us about your career and how you got started, then how you evolved into your current department.

I have had the honor to be a police officer for the past twentyseven years. I got interested in law enforcement my last year in the United States Marine Corps while reading letters (that’s how we communicated in the old days) from my sister who worked for Winona County Courts. I remember reading about a murder trial that was going on at that time and thought that law enforcement sounded interesting and that I should see what it would take to become an officer. When my enlistment was done I came back to Minnesota and sent letters to two schools requesting information about their programs. I heard back from Alexandria and the other school didn’t respond. I graduated from Alexandria in May, 1986 and was hired by Winona Police Department on October 27, 1986.

I worked thirteen years at the Winona Police Department. I worked as a patrol officer for six years and was promoted to sergeant and worked in patrol and investigations. The Winona Police Department allowed me the opportunity to be a firearms and use of force instructor and to serve as the assistant team leader on the Emergency Response Team (SWAT). While at Winter 2014

School Tour of Law Enforcement Center.

Winona, I finished a Bachelor’s degree in criminal justice and taught as an adjunct instructor from 1998-2000 at Winona State University.

In August 1999, our family moved from the Mississippi River Valley of southeastern Minnesota to the prairie of southwestern Minnesota when I was hired as the public safety director for the city of Worthington. While in Worthington I’ve had the pleasure and honor to serve on (in my opinion) the best police department in Minnesota. In 2003, I received an MBA from Southwest Minnesota State University and I continue to serve as the public safety director for one of Minnesota’s best communities.

What are your duties?

I remember the first few months on the job wondering what I got myself into. The transition from police sergeant to police chief was a big step and there were times I felt I didn’t need a firearm anymore because the change was so different than what I had been doing. I had to realize what my new duties were and what I had to give up for the time being.

The chief’s main duty is being the head cheerleader for the department to the city council and residents. You are responsible not only to the city administrator and city council, 39

DEPARTMENT PROFILE - WORTHINGTON POLICE DEPARTMENT

but to the populace of your city and beyond. It is been very important to make sure that the officers and staff are equipped to safely do the job they are asked to do and that we have a budget to support our operations. Our city council has been very supportive of the police department over the years and has made sure we have the tools and training that we need to be effective.

Being the head cheerleader for the department also puts the chief in the spotlight when they might not want to be. It’s the chief’s job to explain to the public what we as officers do. The public doesn’t always understand us or our tactics, that’s where the chief has to get out in front of things through public contacts (i.e. newsletters, media contacts and community meetings) and get vital information out at the right moment.

Tell us about your department – Highlights, changes, challenges, officers etc.

The Worthington Department serves the city of Worthington which is a regional center in southwest Minnesota in Nobles County and is nestled in the heart of farm country. Worthington is the home of JBS which is one of the largest and most productive pork slaughterhouses in the nation. Nobles County is tied percentage-wise with Ramsey County for having the most diverse population in the state. Nobles County’s workforce is made up of large Latino and Asian populations and many people from the African areas of Sudan, Eritrea, Ethiopia and Liberia. The major shift in population began in the early 1990s

and has continued to the present. The challenges we have in Worthington and Nobles County are no different than most law enforcement agencies with the exception of language barriers and the range of immigration issues.

Our department is comprised of 23 sworn officers, six dispatchers, two records clerks, one administrative secretary, one CSO, one animal control officer and one part-time IT person. We share the law enforcement center and share expenses of the dispatch center, records and the administrative secretary with Nobles County Sheriff’s Office, which is an agreement that goes back over 35 years.

Our department is separated into patrol, investigations, dispatch and administration. Patrol has 12 officers, one CSO and one animal control officer and three sergeants. Investigations Division has two narcotics officers, one gang officer, one detective, one SRO and one detective sergeant. Dispatch has six dispatchers who are supervised by the patrol sergeants.

Administration has the chief, captain and support staff of two records clerks and one administrative secretary.

Worthington operates a Canine Unit with two canines in the patrol division. The narcotics officers and gang officers are members of the Buffalo Ridge Drug Task Force which is colocated in our building. The Task Force is comprised of deputies from Nobles, Murray and Pipestone counties and officers from the Worthington Police Department. Worthington Officer Troy Appel is the Task Force Commander.

COMMUNITY RELATIONS Tell us about how the department and the community interact. How they work together, challenges they’ve had to overcome, how the population affects the policing now, in the past, changes in the future.

The large percentage of our interaction with the public is positive. We have all the usual interactions that any other department would have with the public they serve. We encourage our officers to get involved in the community so the people see us as not just officers, but members of the community. We have officers who coach youth baseball and hockey, teach firearm safety and serve on the United Way and YMCA board of directors and local festival boards.

The early 1990s saw a large population change that brought in diversity on a large scale almost overnight. There were many struggles along the way because of language barriers and cultural differences. As immigration continued, there were noticeable changes to the positive; first wave immigration tends to be male dominate and later waves tend to bring the families which causes the males to settle down. Additionally, the police department adapted the policing not only to help the public, but also to aid the department in being more effective no 40

MINNESOTA POLICE CHIEF

DEPARTMENT PROFILE - WORTHINGTON POLICE DEPARTMENT

SRO Bomgaars at the middle school.

matter what the culture. It takes a lot of time, persistence and hard work on the police side to get the immigrant community to get to the place where they trust the police and work with us to make things better.

Immigration hasn’t stopped in Worthington. Since the 1990s, we have seen the immigration become more diverse with new populations coming from Africa and Asia and Central America.

The time and effort the community and employers have taken to make people feel more welcome and the police department taking the time to learn more about the people has helped make the transition much easier. I see the future being no different for our community. People generally feel comfortable in Worthington so others are encouraged to locate here as well.

What are the goals for the department’s future?

Through this effort we developed goal areas that would drive specific objectives. The goal areas are: training, equipment, technology, communication, facilities, personnel, operations, staffing and legislative actions. In each of the goal areas our staff drew up specific objectives we would like to accomplish and put timelines to the objectives.

Our goal is to stay committed to our plan and to complete the established objectives and establish new objectives that will take us into the future, driven towards continual improvement.

In what ways is the department proactive? Any creative educational/ crime prevention/enforcement initiatives?

In 2011-2012 our department, with the aid of all employees, developed a Public Safety Plan. The process we went through helped the department create a vision statement to go along with our mission statement. Our Vision Statement is this:

Our pro-activity begins in the schools with our SRO and developing a relationship with the children in our schools. Our department is involved with Crime Free Multi-Housing, Neighborhood Watch, DARE, Crime Prevention, Nite to Unite (National Night Out), the Law Enforcement Torch Run and Citizen’s Academy.

“The Worthington Police Department will be a united, community-minded organization dedicated to professionalism and committed to responsible and equitable public service through values reflecting our vigilance for the safety and wellbeing of our community.”

We started with the Citizen’s Academy which has been our biggest hit with the community and has provided ample opportunities for the public to gain a better understanding of the police profession and what we do. We obtained a grant from OJP to expand our program to some of our diverse

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DEPARTMENT PROFILE - WORTHINGTON POLICE DEPARTMENT

Officer Olson taking the oath.

Officer Brouillet taking the oath.

communities, creating a direct partnership with Community Education and offering a location for an academy the people were familiar with and transportation and childcare for the participants. The popularity and the success of this program continue to amaze me since there is still such an interest in seeing what we do. We have made a lot of friends and supporters with the Citizen’s Academy.

How do your residents handle police department patrol and policy changes?

Do you have public support?

We became involved with the Law Enforcement Torch Run six years ago. Three years ago it really took off when we sponsored a “Cop On Top” fundraiser. We raised money beyond our initial goal and brought community awareness to MN Special Olympics. Our SRO, Jacki Bomgaars, has been our point person on the Torch Run and has made this a successful program.

How is your overall crime rate? Changed from years’ past?

Our overall crime rate given by the 2012 UCR was 5,740 crimes per 100,000 residents. This is the lowest crime rate we have experienced in 24 years and continued a trend of a lowering of the crime rate since 2009. We had seen a lowering crime rate from 1999 – 2008, but saw an increase in 2009 which might have been due to effects of the recession. Our property crime increased in the early 2000’s which saw our burglaries double in one year and hold level for about five years – in the past three years we have seen a decline in burglaries. The Buffalo Ridge Drug Task Force has had a considerable effect on drug-related crimes in this area and we believe that it has had an impact on lowering the theft and burglaries in the area by eliminating prospects for bartering stolen property for narcotics. The department has also worked at improving the crime clearance rate by following through on investigations to get the suspects when we can and working with local media to publish surveillance photos in the paper to identify suspects if possible.

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It really depends on the changes we make. By and large we have great community support – just like other departments sour attitudes tend to be noisier than our supporters. The changes we’ve made in patrol or policies in general have been made to increase our positive encounters with the public.

Although, over the years I have heard some people try to discredit DUI patrols by trying to say DUI enforcement cuts into economic development. I will debate the side of traffic and public safety and support our officers, when it comes to whether DUI enforcement has a measurable economic effect on drinking establishments. Don’t drive buzzed or drunk and you’ll never have to worry about DUI enforcement.

PROFESSIONAL OBSERVATIONS What is the best change you have seen in law enforcement?

Technology changes and the modernization of police training opportunities are the two best changes I’ve witnessed in law enforcement. The spirit of law enforcement is alive and well in the profession today and as vibrant as it ever was – we are still the thin blue line and proud to be a part of it. The technology changes have put the information in our hands that we used to have to have somebody look up for us in a card file. We’ve seen the technology changes be a blessing and a curse, but let’s hope we’re getting past the curse part of it soon; the advantages outweigh the disadvantages. Training modernization and professionalism over the past 30 years has led to better training opportunities for officers and I believe better-trained officers.

MINNESOTA POLICE CHIEF

DEPARTMENT PROFILE - WORTHINGTON POLICE DEPARTMENT

Officers and National Guard helicopter.

How does the education that the Minnesota Chiefs of Police Association (MCPA) provides (for example, Executive Training Institute (ETI) or CLEO and Command Academy) help you in your role as Chief?

The MCPA education is affordable, applicable and adaptable.

You will not find a better bargain for the training that’s available from the MCPA and the willingness of the Foundation and the Association to sponsor scholarships for the departments that are on a very limited training budget. The training I’ve received has been timely and applicable to the situations that chiefs encounter through their position; there have been many times when I’ve gone back through the ETI information from previous years to search for an answer to a particular situation. The MCPA instructors present their material and ideas in a way that can be adapted to any size department and the instructors have always encouraged the attendees to contact them if they have questions. Beyond the training itself the biggest benefit to attending training sponsored by the MCPA is the building of relationships with other chiefs and seeing how they do things and sharing ideas. I can’t number all the times I have received fantastic counsel from fellow chiefs and learned how to approach things in a different way.

Winter 2014

What advice would you give to the next chief to take your place?

Take your time getting acquainted with the department, staff and the city before deciding what changes you should make.

Don’t sweat the little things; get a focus on the big picture. The two pieces of advice I give all of our supervisors when they’re promoted is first to make sure you get the job done and secondly to take care of the people who get the job done. I’d like to say I invented this advice, but it’s the best information that’s stayed with me from the Marine Corps, execution of the mission and welfare of the troops.

PERSONAL REFLECTIONS What is an event in your department that makes you the most proud?

The development of the Citizen’s Academy and its sustained popularity. We began our first Citizen’s Academy in 2000 with the help of an outline from Marshall Police Department. Sgt. Kevin Flynn pitched the idea to me and I put him to work getting it up and running. Since that first one, we have offered a Citizen’s Academy to the community at-large several times and adapted the program to the diverse population of our city. The program has been presented to Worthington Latino, Karen, African and Lao groups. It has been a great community-policing tool for our department and has helped us build great relationships with our residents.

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DEPARTMENT PROFILE - WORTHINGTON POLICE DEPARTMENT

Is there one event you would like to forget?

In March 2008, two and half- year old Samantha Fraga was sexually assaulted and murdered by her uncle Josue Fraga. The investigation has had long-lasting effects on the officers that investigated the tragic life and death of this poor little girl and on those who prosecuted the case and her family. Josue Fraga was found guilty of first-degree murder and given a life sentence without parole, but upon appeal he was granted a new trial which wrapped up in October 2013 with a guilty verdict for first degree murder. Through the tireless efforts of our staff, the BCA, the MN Attorney General’s Office (especially Bill Klumpp) and the Nobles County Attorney’s Office Josue Fraga should spend the rest of his natural life in prison.

If given three realistic wishes for your department, what would they be?

1) Serve with honor.

2) Be a “best practice” for other departments to emulate.

3) Continual Improvement.

Cop on Top Torch Run fundraiser.

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Officers at motor vehicle accident.

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MINNESOTA POLICE CHIEF

iGOVERNMENT SOLUTIONS

VENDOR PROFILE

The Minnesota Chiefs of Police Association (MCPA) values its vendor relationships. It is proud to highlight industry vendors who bring vital products and services to the law enforcement community. We are pleased to feature iGovernment Solutions in this issue.

Since its evolution in 1992, iGovernment Solutions has been doing tech work. In 2011, iGovernment became a whollyowned subsidiary of the law firm Smith & Glaser. Located in Minneapolis and serving the state of Minnesota, they offer Web-based education for low-level traffic offenders, Webbased system to report non-emergency crime, Web-based issuance of licenses and permits (i.e. parking, construction, animals) and parking / ticket revenue collection systems.

Through their parent law firm, iGovernment Solutions provides prosecution and city attorney services to municipalities.

They use technology, law and innovation to help law enforcement create safer communities. iGovernment Solutions is the technology division of a law firm that serves as prosecutor and city attorney to Minnesota communities. They blend their role as prosecutor into technology to create imaginative and efficient ways to serve government and promote public safety. iGovernment Solutions is proud to have been recognized by the League of Minnesota Cities with the City of Excellence Award for our Ticket Education Program.

helps the company connect with partners throughout the state. “The MCPA connects us with law enforcement agencies and municipalities to share and promote our Ticket Education Program”.

When asked about the future and trends that will strongly affect the law enforcement community in the products and services that iGovernment Solutions provide, two areas stand out.

Social Technology in Law Enforcement - Law enforcement must catch-up to the private sector to benefit from emerging technologies, especially the internet and social media. Only now does law enforcement see the benefits of a real presence on the web and in social media both as a communication tool and educational medium. Internet tools are a cost effective means to bring police services to the public. And Social media is now the best way to connect with young adults and kids. A chief needs to look no further than their newest officer to see the importance of ‘Tech’ in the lives of young people.

Critical Time for Law Enforcement Funding - The 2014/2015 legislative sessions may reshape how local law

We created the first-of-its-kind Web-based public safety education system. The Ticket Education Program promotes public safety education on the web. Low-level offenders go to class instead of court. This enhances traditional ticketing by giving offenders a “teachable moment.” Classes are geared to the specific offensive(s) committed by the offender.

enforcement will fund important public safety objectives for many years to come. During the recession, revenue from local law enforcement was diverted to the state. As our economy pulls out of the recession, the legislature will consider making these allocations permanent. Normally, local law enforcement avoids revenue discussions – now is the time to be heard.

The Ticket Education Program pays for itself and financially supports law enforcement by equitably redistributing ticket revenue to local government.

(To contact iGovernment Solutions, (612) 424-5401; Web Site: www.igovernmentsolutions.com. Kurt B. Glaser, Program Director & Prosecutor (612) 424-5401, KurtGlaser@igovernmentsolutions.com. Other key staff: Sami Corlew, Operations Coordinator, (612) 424-5401, SamiStenger@igovernmentsolutions.com).

iGovernment Solutions is pleased to be associated with the Minnesota Chiefs of Police Association (MCPA). The MCPA is an integral part of Minnesota’s law enforcement community and

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PRSRT STD U.S. Postage

PAID Permit No. 3197 Twin Cities, MN

Proud to Serv Serve ve MN LAW ENFORCEMENT MENT & supportt As a law enf enforcement forcement officer, officer, yyou ou and your your famil familyy ccan an become become m members of Hiwa ay F ederal Cr edit Unio n (Hiwa ay). W oud to hav l cy of serving ser ving Hiway Federal Credit Union (Hiway).

Wee ar aree pr proud havee a lega legacy MnD OT and DPS since 193 31. Cal nline to see ho w we we ccan an MnDOT 1931.

Calll or visit us oonline how provide savings pr ovide you you with eeveryday ver ydaay sav vings oon n all all your your banking needs.

651.291.1515 | 800.899.LOAN 9.LOAN | hiway.org |