Independent Study of Middletown Police Department
Independent Study of Middletown Police Department
Independent Study of Middletown Police Department
Table of Contents
ABOUT TRANSPARENCY MATTERS, LLC (TMLLC): ......................................................................................... 4
ABOUT THE ASSESSORS: ............................................................................................................................... 6
INTRODUCTION: ............................................................................................................................................ 8
REASON FOR ASSESSMENT: ........................................................................................................................ 11
SUMMARY ASSESSMENT FINDINGS: ........................................................................................................... 12
DETAILED ASSESSMENT FINDINGS:............................................................................................................. 17
AREA ONE: BUDGETING ............................................................................................................................. 18
DISCUSSION:............................................................................................................................................ 18
NOTES: .................................................................................................................................................... 18
RECOMMENDATIONS: ............................................................................................................................ 18
AREA TWO: DIRECTIVES/TRAINING............................................................................................................ 20
DISCUSSION:............................................................................................................................................ 20
NOTES: .................................................................................................................................................... 20
RECOMMENDATIONS: ............................................................................................................................ 20
AREA THREE: EQUIPMENT ......................................................................................................................... 23
DISCUSSION:............................................................................................................................................ 23
NOTES: .................................................................................................................................................... 24
RECOMMENDATIONS: ............................................................................................................................ 26
AREA FOUR: FILES AND RECORD KEEPING ................................................................................................. 28
DISCUSSION:............................................................................................................................................ 28
NOTES: .................................................................................................................................................... 29
RECOMMENDATIONS: ............................................................................................................................ 30
AREA FIVE: INVESTIGATIVE REPORTING .................................................................................................... 31
DISCUSSION:............................................................................................................................................ 31
NOTES: .................................................................................................................................................... 31
RECOMMENDATIONS: ............................................................................................................................ 32
AREA SIX: PERSONNEL................................................................................................................................ 34
DISCUSSION:............................................................................................................................................ 34
NOTES: .................................................................................................................................................... 34
RECOMMENDATIONS: ............................................................................................................................ 35
AREA SEVEN: PHYSICAL FACILITY ............................................................................................................... 37
DISCUSSION:............................................................................................................................................ 37
NOTES: .................................................................................................................................................... 37
RECOMMENDATIONS: ............................................................................................................................ 38
AREA EIGHT: PROPERTY MANAGEMENT SYSTEM (PMS) ........................................................................... 40
DISCUSSION:............................................................................................................................................ 40
NOTES: .................................................................................................................................................... 41
RECOMMENDATIONS: ............................................................................................................................ 41
AREA NINE: SCHEDULING AND OVERTIME ................................................................................................ 43
DISCUSSION:............................................................................................................................................ 43
NOTES: .................................................................................................................................................... 43
RECOMMENDATIONS: ............................................................................................................................ 45
AREA TEN: TRAFFIC AND NON-TRAFFIC CITATIONS, WRITTEN WARNINGS, AND PARKING TICKETS........ 47
DISCUSSION:............................................................................................................................................ 47
NOTES: .................................................................................................................................................... 47
RECOMMENDATIONS: ............................................................................................................................ 49
Mission Statement:
After his retirement, Lt. Colonel (Retired) Brown began serving on independent monitoring
teams involving federal/state Consent Decrees for the Oakland Police Department, Detroit Police
Department, and the Niagara Falls, NY Police Department.
Lt. Colonel (Retired) Brown has been retained to provide investigative services for the
Municipality of Anchorage, Alaska and made recommendations to the Anchorage, Alaska Police
Department regarding their policies and procedures to mitigate sexual misconduct. Brown is a
Subject Matter Expert (SME) on the Metro East Police District Commission (MEPDC), East St.
Louis, IL project with the Office for Justice Programs (OJP) Diagnostic Center. Brown was a
consultant with the Puerto Rico Police Departments Office of Professional Responsibility.
During his career with the Pennsylvania State Police, Lt. Colonel Brown retained executive
oversight of the operations of the Departments Bureau of Integrity and Professional Standards,
Department Discipline Office, Equal Employment Opportunity Office, Heritage Affairs Office,
Jon D. Kurtz retired from the Pennsylvania State Police in 2011 having attained the rank of
Lieutenant Colonel. Over a nearly twenty-seven year career, he served in various areas of the
state in patrol, criminal investigation, vice, and administrative capacities. During his tenure as
deputy commissioner of staff, Lt. Colonel Kurtz administered an $850 million budget, oversaw
the agencys technology and communications functions, directed state-wide laboratory services,
developed department-wide standards and policies, and managed the departments research and
development efforts, to include accreditation. While serving in the field, Lt. Colonel Kurtz
oversaw the criminal investigative and undercover functions of the department while assigned as
the director of the Bureau of Criminal Investigation. He also served as the commander of the
eleven-hundred members of Area I, and commander of the four hundred members of Troop H,
Harrisburg. Noteworthy contributions/events include the Camp Hill Prison Riots, creation of the
Pennsylvania Criminal Intelligence Center (PaCIC) and Watch Center, Pittsburgh G-20 Summit,
and command of the 2006 Amish School Shooting in Lancaster County. Lt. Colonel Kurtz is a
nationally recognized speaker on the topic of school violence. He also is a published author of
two crime novels.
Charles Skurkis has enjoyed a variety of career experiences within the criminal justice arena.
He served as an investigator for a district attorney, a juvenile detention center supervisor, and a
probation officer. Most significant, however, was his thirty-three year career with the
Pennsylvania State Police. Retiring in 2011, he concluded his tenure as Deputy Commissioner
of Administration and Professional Responsibility holding the rank of Major. As Deputy
Commissioner Major Skurkis was charged with direct oversight of many components of the
Pennsylvania State Police including: human resources; risk management; training and education;
heritage affairs, discipline; recruitment; equal employment opportunity; early intervention; and
the Members Assistance Program (MAP). Beyond his assignments as a patrol trooper and then
criminal investigator, most noteworthy were his twenty-six years of investigative and
administrative experience within the realm of the Bureau of Integrity and Professional Standards.
INTRODUCTION
The Borough of Middletown (Borough) has engaged the services of TMLLC as a police
consultant since July 2014. TMLLC previously assisted the Middletown Police Department
(MPD) with executive search protocols, internal investigations, and now with this project, a
complete and through organizational assessment, analysis, and appropriate recommendations for
improvement. It is important to acknowledge that prior to the official request to conduct this
assessment, Borough officials, MPD members, other law enforcement personnel, and citizens
had expressed concern with the current state of operations within the MPD. Accordingly, the
Borough of Middletown and the MPD are commended for acknowledging deficiencies may exist
and having the institutional will to request and follow through with the recommendations of this
independent assessment.
The following independent assessment (current State of Play) of the MPD is not a judgment of
any single individual or group of individuals within or outside the agency, but more an
evaluation of policies, procedures, and practices in place within the department, which may be
indicative of future success or failure. Though often difficult to separate the agency from its
personnel, the reader is cautioned to assume this agency view as this document is reviewed.
Independent assessments are utilized by an agencys executive(s) to view their organization
through the eyes of others who are familiar with generally accepted police practices and
professional standards. Some benefits of an assessment include:
Review of policies, procedures, and practices to ensure efficient and effective utilization
of resources and compliance with statutes and regulations in a manner that results in
positive community interaction.
Identify training weaknesses that prevent the department and its members from achieving
success.
Ensure department reporting practices are legally and practically sound and provide for
proper decision-making and resource allocation.
Identify areas of potential agency risk, such as claims of failure to train and failure to
supervise personnel. Addressing identified deficiencies will limit exposure to lawsuits,
conceivably reducing the number of lawsuits and the cost of liability insurance, and the
cost of negative judgements.
Improve confidence in the agency from the public and public officials.
All agencies should open themselves to regular assessments or audits. Staff inspections or
audits, concentrating on directives and procedures, and line inspections, focused on field activity
and practice, provide an essential tool for assessment from within. Progressive agencies take the
added step of welcoming assessment from outside the organization. Progressive leaders seek the
best for themselves and their agency.
In regard to the assessment of the MPD, assessors were on site during the period of February 23,
2015 to March 27, 2015. Their findings have been consolidated and memorialized in this
document. For ease of understanding and review, this document includes a table of contents and
a summary of assessment findings prior to presentation of the detailed findings.
In light of the number and breadth of recommendations presented, it is clear that a commitment
to positive change will require financial investment, dedication of manpower, allocation of time,
and other resource outlays from the Borough and the MPD. It is suggested the MPDs Chief and
other appropriate authority prioritize those recommendations to be acted upon and determine the
order in which they are to occur.
Much too often, complacent organizations and their personnel become resistant to change
Conversely, the most effective organizations continually strive to reinvent themselves and
perform more efficiently. Change is a constant in a successful organization.
As a word of encouragement, during this assessment, Chief John Bey, his members and
employees, and the Borough governing body, were found to be cooperative, forthright, and
welcoming of positive change. These are signs this agency and its personnel are dedicated to
improving their department as well as enhancing their services to the citizens of the Borough.
With this in mind status quo is not an option for the MPD, nor does it seem to be the desired path
of its Chief, members, or Borough officials. In both a general and specific sense, positive change
is needed and, therefore, its associated costs appear necessary.
10
MPD Chief John T. Bey and the Borough Public Safety Committee requested TMLLC conduct
an assessment of following areas of the MPD:
Patrol
Crime
Evidence
Training
Data Systems
Policies
Equipment
This project will outline operational and administrative deficiencies found during the review and
the final comprehensive report will include recommendations for change and sustainability.
Adopting the recommendations outlined in this report serves as a road map for positive change
for the MPD. The assessment conducted by TMLLC, and any subsequent corrective action taken
by the MPD, should be completed prior to the investment of department resources seeking any
form of law enforcement accreditation.
All recommendations adopted by the MPD from this assessment should be incorporated into
department directives and all personnel appropriately trained on their provisions.
11
The following summary of assessment findings is provided, prior to presentation of the detailed
findings. It is not intended as an exhaustive study, but rather a tool for the MPDs Chief and
Borough officials to use as a reference. This summary follows the same alphabetical format as
the Detailed Assessment Findings section of this report.
Note: For this assessment, the term directive, or its plural directives, refers to the written
form, unless otherwise indicated. This definition is further explained in the Introduction
of Attachment (1).
Area One Budget
Active budgeting is a necessary function of the Chief. This includes involvement in the
creation of the annual department budget, and, at a minimum, monthly
monitoring/oversight.
Creation of an appropriate budget and proper stewardship are crucial steps towards the
goal of obtaining public confidence in the organization and its personnel.
The need to index the manual(s) for quick reference is essential for efficient and effective
operations.
All members must be trained in, understand, and have access to department directives.
Directives provide personnel with the departments expectations and lead to consistently
appropriate behavior and action.
This area will most likely require the most substantial commitment of time. It will also
have an impact upon the success of most other areas.
12
Issued Glock handguns should be evaluated for replacement. Age and recurring range
malfunctions were noted.
The department armory and lack of associated directive(s) does not currently serve the
needs of the department.
Both non-expendable and some expendable items should be inventoried at the department
level.
Certified and valuable equipment should be accounted for and secured. A process to
sign-out should be in place.
A detailed directive regarding Taser training, carry, and deployment should be in place.
A detailed directive addressing usage, procedures, and record retention for Mobile Video
Recorders (MVR) should be in place.
Administrative oversight is required to bring this area into compliance with statutory and
professional standards.
The filing room should be fully utilized and an organizational system developed.
Records distribution and retention schedules must be developed and adhered to.
Review and purging of old files, particularly working case files, is necessary. This
should include submission of all discovered fingerprints cards as required by statute.
13
Expectations regarding the level of detail required in report writing and appropriate
submission time periods should be codified in directive form and strictly enforced by
supervisory personnel.
Supervisors must conduct complete and timely review of department reports to ensure
compliance with basic investigatory premises, generally accepted policing standards, and
relevant statutes.
Failure to properly or timely investigate citizen complaints can drive a wedge between
the police and the very citizens they serve.
Create an Executive Officer position, with the rank of lieutenant, that reports directly to
the Chief with the responsibility to oversee the reform effort and administrative function,
assist in drafting MPD policy, assist in dispute resolution, render disciplinary
recommendations, administer the auditing or inspection protocols.
Filling any future vacant positions as soon as possible should remain a priority.
Supervisors need to function as supervisors, not extra patrol officers. The administrative
and supervisory functions of the department are not receiving the necessary attention.
Dual and cross-training of personnel should occur to ensure all specialized training is not
vested in a few members.
Storage rooms and open spaces piled with old/discarded files should undergo an item-byitem review of all materials found within. Organization and consolidation of the
14
northeast storage room could provide significant additional working area for the
department.
Doorbell audio, or similar system, should be extended beyond the secretarys office area
and into the sally port and second floor patrol room. This would allow for the secretary
to perform ancillary duties while fulfilling receptionist expectations.
Reports contained within the IN-SYNCH RMS should indicate the location and status of
ALL evidence and items previously or currently within the custody of the MPD. This
includes transferring old records from the METRO RMS to IN-SYNCH.
In addition to the custodial officer, an alternate with similar authority in the PMS should
be assigned.
Firearms, money, drugs, and jewelry must be strictly segregated and secured from other
items.
Noted again, supervisors need to function as supervisors, not extra patrol officers,
The Borough and the Chief need to apply an objective industry-approved formula to
determine overall and specific department staffing needs if deemed appropriate. A
staffing study was not part of this MPD organizational assessment.
Area Ten Traffic and Non-traffic Citations, Written Warnings, and Parking Tickets
15
A system of accountability should be in place to ensure all citations are secure and
tracked from officer issuance to court disposition.
Citations and the related IN-SYNCH entry need to be completed fully and properly to
include race information.
The IN-SYNCH RMS should be fully utilized to take advantage of its ability to account
for citations, written warnings, and parking tickets.
16
Detailed findings are provided in ten major categories which are listed in alphabetical order. The
categories are as follows:
Budgeting
Directives
Equipment
Investigative Reporting
Personnel
Physical Facility
Property Management
Methodology
Each category is presented in outline form including a heading for Discussion, Notes, and
Recommendations. Discussion contains background information on that major category not
typically known to the layperson. Notes are both positive and negative observations made by the
assessors about that major category during the assessment. Finally, Recommendations provide
steps to be taken in order to strengthen that particular category.
As a note, Area Two - Directives, is a major component of this assessment. As indicated
numerous times throughout this document, an agency without written standards cannot expect
nor demand specific behavior and actions from personnel. With this in mind, Attachment (1),
Directives Review, is included. This attachment provides detailed recommendations regarding
the need for a strong directive system within the MPD.
17
DISCUSSION:
1. The Chief is provided an annual budget by the Borough.
2. A quarterly expenditures report is to be provided to the Chief from the Borough for
review.
NOTES:
1. A budget form entitled Borough of Middletown, Expenditures Report (Unaudited), as
of: January 31st, 2015 has been provided to the Chief for budgeting purposes.
a. The report contains headings for: Department Expenditures; Current Budget;
Current Period, Year to Date Actual; Outstanding Encumbrances; % of
Budget; and Unencumbered Balance.
b. Department Expenditures are displayed in terms of major categories, e.g.
Payroll Related, Office Supplies, Legal & Consulting.
c. Major categories of Department Expenditures are further reduced to minor
categories or subcategories, e.g. the major category Payroll Related is
broken down into minor categories to include, but not limited to, 01-410-120,
Salary Police Chief; 01-410-121, Salary Detective; 01-410-122, Salary
Detective OT.
d. Some minor categories are not provided a current budget and indicate a
negative balance, e.g. 01-41-120, Salary Police Chief shows no Current
Budget, yet a Current Period expenditure of $557.76 and an
Unencumbered Balance of (557.76).
2. The Chief indicates the Borough is willing to provide budget information in a format
requested by him.
RECOMMENDATIONS:
1. The Chief of the MPD should be an integral part of the establishment and oversight of
the annual budget.
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2. In order to fulfill his responsibility for completion, monitoring, and oversight of the
budget, the Chief should be provided with complete budgeting and expenditure
documents from the Borough Fiscal Department at least monthly. (Bi-weekly is not
out of the question, particularly regarding payroll.)
3. Reference Attachment (1), Section Seven, Fiscal Management, for recommendations
regarding directives related to budgeting.
4. The budget document format provided to the Chief by the Borough Fiscal Department
should include at a minimum:
a. Initial appropriation for each account. This is identified as Current Budget
on the Borough expenditure report.
b. Balances at the commencement of the monthly period. This is not included in
the Borough expenditure report.
c. Expenditures and encumbrances made during the period. This is identified as
Current Period and Outstanding Encumbrances on the Borough
expenditures report.
d. Unencumbered balance. This is identified as Unencumbered Balance on the
Borough expenditure report.
5. A fairly encompassing format might include the following additional categories:
a. Prior period balance after the Current Annual Budget.
b. Percentage of Annual Budget Remaining.
6. At the discretion of the Chief, this report or another may also include reference to
figures for the same period in previous years.
19
DISCUSSION:
1. Most current directives were created either by the prior Chief, Steven Wheeler, or
current Chief John T. Bey.
2. The directives in existence appear to follow a format established by the Pennsylvania
Law Enforcement Accreditation Program (PLEAC) and/or the Commission on
Accreditation of Law Enforcement Agencies (CALEA).
NOTES:
1. MPD directives are documented as Special Orders or General Orders.
2. Existing directives are provided as stand-alone documents.
3. Officers maintain a mix of old and new directives.
4. Examples of directives, both old and new, were located scattered throughout the
patrol room, i.e., tops of cabinets, bulletin board, desk, and officers files.
5. Directives that are in place do not employ any practical indexing.
6. Officers have voiced confusion with regard to applying many seemingly vague
directives to real-time work-related situations.
7. Standards that are not written do not exist, and employees cannot be held to
nonexistent standards.
RECOMMENDATIONS:
1. A complete manual(s) of directives should be developed.
a. Separate manuals may be created specific to functional areas, e.g. field,
administrative, and operations.
b. A much needed operations manual should address expectations for reporting
and filing.
c. All manuals should contain numbered directives, a table of contents, and a
comprehensive index.
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d. Special or General Orders are typically temporary directives that address both
short-term and permanent issues.
i.
ii.
e. Each manual should utilize a system of change sheets to track any additions
and/or deletions.
f. Manuals issued to individual officers should be subject to periodic supervisory
inspection to ensure they are up-to-date.
g. In order to facilitate the creation of policies and manuals, it is suggested the
Chief obtain example written policies from an established accrediting agency
such as PLEAC, CALEA, or from an accredited local police agency.
2. A central library (electronic and/or physical) should be established to house all
department directives and archives for historical information related to policy
development, revision, and cancellation.
3. Members should be provided with personal copies (electronic and/or physical) of all
department directives.
4. A general index identifying specific issues outlined within all department directives,
including cross-referencing, should be developed.
5. Training should be provided to all members regarding all new directives and/or
changes to existing directives. Initially it would be advisable to provide training on
ALL directives and subsequently afford remedial training as necessary, e.g.,
mandatory annual in-service training, roll call, etc.
6. Members should be required to document their receipt and understanding of all new
directives. As indicated previously, initially it would be advisable to require
documentation of receipt and understanding for ALL directives and associated
training.
21
7. A specific individual (typically the Chief) should be identified as the custodian for
department directives and manuals. As with all records, standards should be
established for creation, filing, security, maintenance, retention, and purging.
8. A suggested list containing existing directives requiring alteration and new directives
requiring creation and implementation is included as Attachment (1).
22
DISCUSSION:
1. Based upon observation, the general condition of MPD equipment appeared
satisfactory.
2. Operationally, technology items such as desktop computers and printers were
adequate.
3. A new landline phone system was recently installed throughout the building
enhancing inter-office communication.
4. Each officer was recently issued a new smartphone.
5. Uniforms are furnished by the department (reimbursement for officers expenses) and
policy ensures replacement for wear and tear.
a. Uniform and Appearance Standards are governed by Special Order 1.
b. Uniform issuance, cleaning, and replacement are governed by Articles 30 and
32 of the Collective Bargaining Agreement (CBA).
6. Each full-time officer is assigned a permanent hand-held radio with unique personal
identifiers recognizable by the Dauphin County 911 Center.
7. The MPD currently has the following vehicles:
a. Four marked cars.
b. Two marked SUVs.
c. Two administrative unmarked cars (Chiefs car and a pool car).
8. All marked cars are of identical vintage and interior configuration, thereby ensuring
officer familiarization with equipment operation. Affiliated radio and computer
terminal enhancements appear adequate.
9. Each marked vehicle includes an installed shotgun and rifle rack.
10. The four marked cars and one SUV are outfitted with mobile video recorders
(MVRs).
11. A former ambulance is being outfitted to serve as a mobile command post for use by
the department and the Boroughs emergency management team.
23
Several officers indicated their issued Glock pistols had been experiencing jams
during range firings.
24
25
26
27
DISCUSSION:
1. Most MPD crime and patrol related reporting is entered, reviewed, and maintained in
an automated records management system (RMS).
2. Prior to 2013, MPD along with most other Dauphin County police agencies utilized
METRO as their RMS. In mid-2013, MPD, in conjunction with other agencies,
transitioned from METRO to IN-SYNCH as the prevailing RMS.
3. METRO and IN-SYNCH are not compatible and information is not shared.
4. A METRO archive is available for legacy information.
5. Calls for service, not requiring escalation to a case (crime and traffic), are maintained
within the new RMS.
6. Escalated calls are maintained as a case (crime and traffic) in the RMS.
7. Officers often print out working files of cases to include the original call sheet, the
case report, list of evidence, and charging documents such as a criminal complaint.
The physical case files require filing and proper final disposition.
8. Traffic citations, non-traffic citations, warnings, and parking tickets can be entered
into the RMS; however, they are issued in physical form. Filing of officer and/or
disposition copies is required.
9. Most on-site files are retained in the patrol room on the second floor of the facility.
10. A small room houses the agencys main filing cabinets.
11. Six, four-drawer lateral filing cabinets are available for standard or large files.
12. Two double-drawer filing boxes are available for traffic and non-traffic citations.
13. A large room committed to miscellaneous storage including ten file cabinets was
situated at the northeast corner of the building.
a. Assorted arrest and investigative files, also known as working case files, were
found in this room.
b. These files remain untouched unless needed by the individual officer for
investigative purposes.
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c. The files were deposited here during the 2013 relocation of the police
department from the Borough Municipal Building.
d. In addition to the file cabinets, many files are piled haphazardly on top of the
cabinets with little semblance of order.
14. Assorted working case files were also found piled in the first floor utility room
without any apparent order.
15. Assorted working case files were also found in file cabinets and piles in a secured
evidence area located in a garage at the rear of the Borough Municipal Building.
NOTES:
1. Sufficient filing cabinet space is available for storage of physical reports/documents.
a. Many second floor filing cabinets are only partially filled or empty.
b. Ten of the available twenty-four drawers are empty.
2. The majority of filled filing cabinet space is devoted to working files.
3. Working case files within the actual filing room are alphabetical and separated by
juvenile and adult.
4. Many traffic and non-traffic citations on file failed to indicate disposition.
5. A milk crate containing hearing notices and hearing notice logs was found on a filing
cabinet inside the patrol room door.
a. Hearing notices were on file as far back as 2011.
b. Purging seems appropriate.
c. Current process is for the part-time secretary to receive notices and place
hearings on each officers Outlook calendar. The notice is then filed in the
crate in the patrol room behind the officers name.
6. A file bin was located on a bookshelf inside the patrol room door. An overflowing
pile of paperwork filled the bin.
a. The paperwork seems to contain shift specific information in varying formats,
e.g. rosters and fax communications from the Dauphin County 911 Center.
b. Dates examined span from October 2013 to present.
29
RECOMMENDATIONS:
1. The filing room should be fully utilized. Files should not be located in various
secured and unsecured locations.
2. An organizational system should be established, e.g. separate files by purpose such as
administrative, patrol, and crime, then further breakdown by specific report type.
3. Distribution, retention, and purging schedules should be developed for each type of
record on file.
4. A specific individual should be identified as the department records custodian
responsible for filing, maintenance, retention, and purging.
5. Individual sign-out procedures/recording should be considered.
6. MPD should review each working case file, including those located in the storage
room, utility room, and the municipal building, and determine the status of each case.
a. Those with guilty dispositions should be checked for completed fingerprint
cards and photographs.
b. Any file deemed no longer active/required should be disposed of or archived
in accordance with department policies specifically promulgated and codified
to address such a situation.
7. Written directives should be established delineating all new duties, standards, and
expectations.
8. Training should be provided to all members regarding individual responsibilities as
well as all new duties, standards, and expectations.
30
DISCUSSION:
1. An effective reporting system remains the foundation for the efficient operation of any
law enforcement organization. Information gathering and an efficient means to record
it are critical to the core responsibilities of a police agency.
2. Although MPD has a viable resource for the recording of information, namely INSYNCH RMS, the quality and timeliness of entering information into IN-SYNCH is
paramount.
3. A random search of the IN-SYNCH call log beginning in 2013 through the present was
conducted. A sampling of criminal and accident calls was queried and the affiliated
police reports were reviewed. Deficiencies were revealed during our review and are
outlined in the following NOTES section of this area.
NOTES:
1. Almost exclusively, the actual reporting in IN-SYNCH ends with the initiation of the
arrest process.
2. Events such as photographing and fingerprinting accused are seldom reported in INSYNCH.
3. Mailing of completed fingerprint cards to the Pennsylvania State Police (PSP) is not
referenced in the reports.
4. Supplemental or follow-up investigations/reports are not properly assigned by
supervisors utilizing IN-SYNCH.
5. Current MPD practices do not automatically ensure continuing investigative action
and resolution for cases which extend beyond the initial call.
6. On occasion, the initial investigating officer ends their reporting entry with verbiage
suggesting the case would be turned over to a detective for additional investigation;
however, there would be no additional assignment or reporting in IN-SYNCH.
a. Although IN-SYNCH allows for such assignment and further reporting
accountability such as due dates, those aspects are seldom properly employed.
31
b.
c.
Should further investigation be required and/or if the call had not been
already escalated to a case by the investigating officer, the supervisor
should assign a case accordingly along with a reasonable due back date.
32
d.
Supervisors must closely monitor due back dates and notify assigned
officers when they fail to comply with the assignment.
e.
f.
g.
33
DISCUSSION:
1. The MPD has an approved complement of one chief, one crime sergeant, one patrol
sergeant, one criminal investigator, eight full-time patrol officers (currently two
vacancies), six part-time patrol officers (currently five vacancies), and one part-time
secretary.
2. In 2013, the approved MPD complement was one chief, one crime/patrol sergeant,
two patrol sergeants, two criminal investigators, nine full-time patrol officers, five
part-time patrol officers, a police secretary, and one dispatcher per shift to assist with
paperwork. Prior to 2013, in addition to the above there was one more sergeant
assigned to patrol.
3. The reduction in manpower has occurred through attrition in the face of significant
budgetary constraints as detailed in the Early Intervention Program plan adopted by
the Borough.
4. Since 2012 the MPD has been led by six different chiefs.
NOTES:
1. Anecdotal and statistical information indicates that officer morale is extremely low.
Reasons provided by officers include:
a. Changing/inconsistent leadership since 2012.
b. The perception of a lack of Borough officials support, resulting in a feeling of
distrust.
c. Reduction in manpower and clerical services since 2013, including
disbandment of the local dispatch function, resulting in significant overtime
and associated job dissatisfaction.
d. Change from the old RMS (METRO) to the new RMS (IN-SYNCH) in 2013
and lack of associated training.
e. Inability to access old data (METRO) and new (IN-SYNCH) seamlessly.
34
f. Mismanaged move from the Borough building to the new police station in
2013, resulting in significant disorganization which continues to exist.
2. No formal organizational chart is available for the department.
3. No job descriptions and/or essential job functions or notations (positive and negative)
are available.
4. The Chief maintains secured supervisory files for each officer and the part-time
secretary (employees).
5. Much of the departments specialized training and associated special assignments are
vested in one senior officer.
6. Department disciplinary files are stored with the employees personnel files at the
human resources entity in the Borough Municipal Building.
7. The department Code of Conduct is incomplete with regard to identifying specific
misconduct, associated mitigating factors, and appropriate penalties.
8. Web training is available from IN-SYNC to subscribing departments at no cost to the
agency.
RECOMMENDATIONS:
1. Create an Executive Officer management position (rank of lieutenant, non-bargaining
unit member) that reports directly to the Chief and assists with policy development.
The Executive Officer must also have the requisite authority to make disciplinary
recommendations for consideration as designated by the Chief.
2. Mandatory overtime should be reduced by filling approved vacant positions. Filling
any future vacant positions as soon as possible should remain a priority.
3. Provide additional position specific RMS training to officers and supervisors.
4. Allocate appropriate resources (time and manpower) to reorganize from the 2013
move into the new facility.
5. Specialized training and the associated specialized duties should be spread among
department members, e.g. Motor Carrier Safety Assistance Program (MCSAP),
Terminal Agency Coordinator (TAC), Justice Network (JNET) coordinator, firearms
35
instructor, armorer, etc. All specialized duties should be included within the essential
job functions for that involved member.
6. Dual and/or cross training should occur for all specialized functions.
7. A formal organizational chart should be completed and maintained on file for the
department.
8. Job descriptions and essential job functions should be developed for each
employee/position and be part of their supervisory file.
9. Standardized performance evaluations for each employee should be conducted at least
annually and made part of the supervisory file.
10. A specific individual (typically the Chief) should be identified as the custodian for
department supervisory and disciplinary files. As with all records, standards should
be established for filing, maintenance, security, retention, and purging.
11. Directives should be established delineating all new duties, standards, and
expectations.
12. Training should be provided to all members regarding all new duties, standards, and
expectations.
Footnote: This assessment does not address the specific issue of appropriate complement size.
A further in-depth study would be required, including, but not limited to, such factors as
Borough demographics, number of calls for service, number of self-initiated services, and
average officer time commitment to respond and report for each type call or service.
36
DISCUSSION:
1. MPD is currently housed in a two-story headquarters.
2. The agency moved from offices within the Borough municipal building to its present
location in early 2013 after carbon monoxide had contaminated their work areas in
the municipal building.
3. Renovations coupled with the existing building layout afford an operational station
environment which meets the current agency needs.
NOTES:
1. A portion of the building proper still houses the Boroughs Electric Department
which presents security issues due to several unsecured access points.
2. The utility room which serves the entire building, including the Electric Department,
is located within the MPDs floorplan. In addition to load centers (circuit breakers)
and water controls, the room contains arrest files stored in a pile.
3. A drive-thru garage area commonly referred to as the sally port is an excellent
enhancement which affords patrols an indoor, secure area in which to stop on station,
deliver prisoners, load equipment into a vehicle, or perform routine maintenance.
Each department vehicle is equipped with a remote garage door opener for
entrance/exit.
4. A large room located in the northeast corner of the station serves as a disorganized
storage area.
a. Access to this area is available from the Electric Department.
b. Based upon interviews, it appears nobody has formally evaluated the
collection of files, records, and assorted property to determine its current
usefulness to the department.
5. Although there are currently no female officers employed by MPD, the anticipated
hiring of several part-time officers in the near future may include a female. The only
37
current locker room is outfitted for males only and does not include provisions for
female accommodations.
6. Visitors to the department enter a front door which leads into a vestibule with a pushbutton doorbell.
a. A locked door prevents access from the vestibule into the lobby.
b. The part-time secretary, who also serves as the receptionist, is located in an
office immediately beyond the lobby.
c. The secretary has line-of-sight view of anyone entering the vestibule and
lobby and can control the electronic lock allowing access from the vestibule
into the lobby.
d. The secretary is frequently required to leave her office area to perform clerical
duties throughout the building.
e. The doorbell sounds only in the secretarys office.
RECOMMENDATIONS:
1. The potential for Electric Department personnel or their visitors to access the
department footprint within the building presents a significant security concern.
Those doors which may provide entrance should be secured from the MPD side with
appropriate locking mechanisms to prevent unauthorized entry.
2. The utility room, which is likely to be visited by repair personnel or other individuals
who may not have established authorization, should be cleared of all police reports
and arrest records.
3. The disorganized storage room, located in the northeast quadrant of the building,
should undergo an item-by-item review of all materials. Beyond identifying what
needs to be retained/relocated and what can be discarded, organization of the room
could provide significant additional working area for the department.
4. Although short-term temporary accommodations for the anticipated female officer
may be made available, consideration for permanent provisions should remain a
priority.
38
5. Consideration should be given to extending the doorbell audio beyond the secretarys
office area and into the sally port and second floor patrol room. This would allow for
the secretary to perform ancillary duties while fulfilling receptionist expectations.
39
DISCUSSION:
1. The term evidence as used throughout this area also includes contraband and found
property which has been entered into the MPD property management system.
2. MPD utilizes the IN-SYNCH Property Management module to inventory and track
evidence which comes into its possession.
3. A secure evidence room and temporary holding area were incorporated into the
current station as new renovations in conjunction with the 2013 relocation from the
borough municipal building.
4. An orderly system of numbered bins and labeled shelving has been implemented to
codify location and assist in retrieving items entered into the system in the evidence
room.
5. A locking refrigerator and a locking freezer are available in the evidence room as well
as the temporary holding area.
6. The temporary holding area contains twenty temporary holding lockers in which
officers may securely place evidence pending action by the custodial officer to
transfer/log the evidence into the evidence room.
7. Access to the evidence room is managed through one assigned custodial officer
although the Chief also maintains keys.
8. Only the custodial officer manages the actual processing of evidence within the
evidence room and IN-SYNCH.
9. Reportedly, an inventory of evidence was conducted at the time of the 2013
relocation.
a. Considerable evidence has been disposed of.
b. The inventory was not documented.
c. No inventory has been conducted since.
10. Not all evidence data entries have been transferred out of the METRO data system
into IN-SYNCH.
40
NOTES:
1. Evidence is not always processed correctly once introduced into the PMS.
a. Evidence entered into temporary lockers is not being moved into the evidence
room in a timely manner.
b. Documentation on evidence envelopes should be more detailed. IN-SYNCH
labels are available, but often not utilized.
c. Location of evidence is not always reflected accurately within IN-SYNCH.
2. Many older cases require disposition for case and evidence.
3. Plenty of unoccupied space on the shelves.
RECOMMENDATIONS:
1. Evidence placed into temporary lockers must be recorded into the IN-SYNCH RMS.
a. Evidence tag/envelope should be more detailed or an IN-SYNCH generated
label should be attached.
b. Location of temporary holding should be accurately captured in IN-SYNCH.
c. Log sheets on exterior of holding lockers should be completed listing items
placed into the lockers then crossed out as the items are removed.
2. In addition to the custodial officer, an alternate custodial officer with similar authority
in the PMS should be assigned.
3. Evidence entered into the PMS should be dealt with in a timely manner.
a. Evidence in temporary holding lockers should be moved to the evidence room
as soon as practical.
b. Relocation should be accurately captured in IN-SYNCH.
4. A complete item-by-item inventory of all evidence should be undertaken.
a. Verify evidence descriptions and locations.
b. Evidence no longer needed may be properly disposed thereby freeing up
additional storage space.
c. Any seemingly dormant cases which should still be considered active could be
identified.
i. Assign follow-up cases with due back dates.
41
42
DISCUSSION:
1. Scheduling and overtime is controlled by the 2013 2016 collective bargaining
agreement (CBA), which has been the subject of collective bargaining and arbitration
for over one year.
2. The departments actual complement is one factor that strategically affects overtime
and scheduling.
a. The MPD has an approved complement of one chief, one crime sergeant, one
patrol sergeant, one criminal investigator, eight full-time patrol officers
(currently two vacancies), six part-time patrol officers (currently five
vacancies), and one part-time secretary.
b. In 2013, the approved MPD complement was one chief, one crime/patrol
sergeant, two patrol sergeants, two criminal investigators, nine full-time patrol
officers, five part-time patrol officers, a police secretary, and one dispatcher
per shift to assist with paperwork.
3. The reduction in manpower has occurred through attrition in the face of significant
budgetary constraints as detailed in the Early Intervention Program plan adopted by
the Borough.
NOTES:
1. Anecdotally, officers indicate the need for overtime to fill shifts has taken a toll on
officer morale and physical well-being.
2. During this assessment it was not unusual for an officer to work four or eight hours of
overtime in addition to an eight hour shift.
3. The Borough expenditure report indicates the MPD has utilized $10,505.57 of the
$175,000.00 allocated for Salary FT Patrolman OT for the 2015 fiscal year during
January.
43
44
45
46
DISCUSSION:
1. Four hundred and fifty-nine (459) traffic citations were issued by the MPD in 2014.
2. One hundred and forty-two (142) non-traffic citations were issued by the MPD in
2014.
3. Written Warnings are issued at the officers discretion.
NOTES:
1. IN-SYNCH has the capability to manage traffic citations, including compiling
statistical reports regarding their issuance.
2. MPD is entering traffic citation information into IN-SYNCH.
a. Race information is frequently absent.
i. Of the forty-seven (47) citations entered for the period 01/01/2015
through 03/09/2015, thirty-three (33) did not include an affiliated race
identifier.
b. MPD is not entering disposition data for completed citations.
3. In most instances of self-initiated traffic citations, officers are either not generating a
call log entry to capture the incident in IN-SYNCH, or the traffic citation is not being
linked to the affiliated call log entry, which had been appropriately generated, at the
time the citation information is being entered into IN-SYNCH.
4. MPD maintained stacks of new (unissued) traffic citations in the file area of the patrol
room.
a. Three packets were found on top of a mail box and three packets in a nearby
filing drawer, of which three packets were broken open each with citations
missing.
b. There appears to be no accountability for their distribution to individual
officer(s).
c. The requisite security for unissued traffic citations is not in place.
47
d. The review team discovered two unissued traffic citations (C2105035-2 and
C2105036-3) co-mingled with a scratch pad and phone directory on top of a
patrol room work table.
5. Written warnings are issued using PennDOT form MV-433A, a two part hand-written
document.
a. Subsequent to issuance, a call log is initiated by the officer and recorded into
IN-SYNCH.
b. Officers maintain the department copy of the warning and are individually
responsible for ensuring compliance with those which require a response back
to the officer such as equipment violations and failure to produce required
documents.
c. It is each officers prerogative as to their methodology of handling completed
warnings.
d. There is no tickler file in place to monitor the issuance and return of written
warnings.
6. Although IN-SYNCH offers the capability of issuing/printing/managing written
warnings, MPD is not utilizing it. It should be noted full utilization would require the
addition of printers in patrol vehicles.
7. IN-SYNCH has the capability to manage non-traffic citations and it appears MPD is
entering the issue information accordingly. However, MPD is not entering
disposition data.
8. MPD maintained two stacks of unissued non-traffic citations in the file area of the
patrol room.
a. Six packets were located on top of a mail box, of which two were broken open
each with some citations missing.
b. There appears to be no accountability for their issuance to any individual
officer(s).
c. The requisite security for unissued citations is not in place.
48
9. Currently, it is possible to issue a non-traffic citation and not take a case number. The
consequences of not preparing a case report arise in UCR reporting whereby the
municipality would not be credited with either the affiliated crime committed or its
clearance by arrest.
10. Parking tickets, mostly paid, were splayed across a desk in the patrol room during this
assessment. No processing activity appeared to have occurred during this time.
RECOMMENDATIONS:
1. Security of unissued traffic and non-traffic citations is necessary.
a. IN-SYNCH offers management and accountability features.
b. MPD should develop and codify procedures commensurate with IN-SYNCHs
capabilities.
c. Distribution of unissued citations to officers should be controlled by a
supervisor.
2. Individual officer along with supervisor responsibilities should be identified and
incorporated into directives ensuring proper utilization of IN-SYNCH with regard to
citation issuance.
a. Complete entries, including race identifiers, should be documented on all
citations.
b. Call log entries should be generated for each traffic citation issuance unless
said issuance coincides with a call or case already in progress.
c. Call log entries along with a case generation should be required when nontraffic citations are filed/issued.
d. Disposition data should always be entered for completed citations.
e. Supervisory review to ensure the above are adhered to.
3. Directives should be considered to standardize the monitoring of those written
warnings requiring follow-up activity as well as the final disposition of warnings not
requiring any further action.
4. Consideration should be given to utilizing the IN-SNYCH RMS for the tracking of
parking tickets.
49
ATTACHMENT (1)
DIRECTIVES REVIEW
Middletown Police Department
February/May 2015
Table of Contents
INTRODUCTION ..................................................................................................................................................2
VIABLE MPD DIRECTIVES ....................................................................................................................................4
SECTION ONE: BUDGET AND BUDGETING .........................................................................................................5
SECTION TWO: COMMUNICATIONS ..................................................................................................................8
SECTION THREE: CRIMINAL INVESTIGATIONS .................................................................................................10
SECTION FOUR: DIRECTIVES SYSTEM AND DIRECTION....................................................................................12
SECTION FIVE: EVIDENCE COLLECTION AND CONTROL ...................................................................................14
SECTION SIX: FORECASTING FUTURE NEEDS ...................................................................................................16
SECTION SEVEN: INTERNAL INVESTIGATION, DISCIPLINE, AND INSPECTION..................................................17
SECTION EIGHT: JUVENILE MATTERS...............................................................................................................22
SECTION NINE: ORGANIZATIONAL STRUCTURE ..............................................................................................24
SECTION TEN: PATROL AND TRAFFIC...............................................................................................................26
SECTION ELEVEN: PERSONNEL DISCIPLINE AND GRIEVANCE .......................................................................30
SECTION TWELVE: PERSONNEL: DUTIES AND DEPLOYMENT .........................................................................32
SECTION THIRTEEN: PERSONNEL EVALUATION PROGRAM.............................................................................35
SECTION FOURTEEN: PERSONNEL SELECTION AND DEVELOPMENT ...............................................................37
SECTION FIFTEEN: POLICE POWERS.................................................................................................................39
SECTION SIXTEEN: PRISONERS AND PROCESSING ...........................................................................................43
SECTION SEVENTEEN: REPORTS AND RECORD KEEPING .................................................................................45
SECTION EIGHTEEN: ASSISTANCE TO CRIME VICTIMS AND WITNESSES .........................................................47
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
INTRODUCTION
This attachment will discuss department written directives. Websters dictionary defines a directive
as an order or instruction; something that serves to direct, and usually impel toward an action or
goal. Policies, procedures, and plans can be examples of directives. For this document, the term
directive, or its plural directives, refers to the written form, unless otherwise indicated.
Directive(s) in written form are typically less open to interpretation and challenge. A robust system
of valid directives promotes professionalism and standardizes behavior. It also contributes to the
agencys goal to provide exceptional service to the community, promote respect and enhance trust
between the department and the public, and provide guidance and support to department personnel.
Each of the eighteen sections in this document addresses a specific administrative or functional area
of the MPD in terms of whether the agency possesses existing directives that appears sufficient to
meet minimum generally accepted police standards, whether the MPD possesses existing directives
that appears to require modification in order to meet such standards, or whether the MPD lacks any
such directive(s). For simplicity, the sections are presented in alphabetical order.
In light of the number and breadth of recommendations in this document, any positive change will
require a substantial commitment from the Borough and the MPD, especially in terms of financial
and personnel resources. It is suggested the MPDs Chief and other Borough authority prioritize
those recommendations to be acted upon and the order in which they should be addressed.
2
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
Information regarding model policies for use in the creation of new or modification of old directives
is available from a number of professional law enforcement related organizations, e.g. CALEA
(Commission on Accreditation for Law Enforcement Agencies), PLEAC (Pennsylvania Law
Enforcement Accreditation Commission), and IACP (International Association of Chiefs of Police).
Consideration may be given to accessing the existing directive system of a similar law enforcement
agency that has received accreditation from one of the major recognized law enforcement
accreditation organizations. A strong directive system from a comparable agency can be adapted
for use within the MPD, theoretically saving time, money, and other valuable resources.
Finally, failure to enact a strong directive system that delineates clear and unambiguous standards is
a fundamental failing for any organization, particularly a paramilitary organization such as a police
department. Without standards, or with weak standards, an agency abdicates its need and right to
expect specific behavior and actions from its employees. It also exposes the organization and its
personnel to civil and criminal liability. As important, the agencys employees lack the written
guidance to perform at an exceptional level.
Regardless of the approach MPD takes to implement change toward improvement, a most important
consideration will be the comprehensive training of all its members on each and every segment of
reform. Whether it involves the grandfathering in or amendments to existing policies and
procedures, or the creation of new ones, employees must embrace a thorough understanding of what
is being required of them. In most cases, this cannot be accomplished through the mere expectation
that the employees will be able to read and properly digest the multitude of enhancements presented
to them. As the MPD strives towards improved professionalism, formal comprehensive training
should be viewed as a mandatory prerequisite to accompany each and every effort put forward.
NOTE: Many directives are influenced by the collective bargaining agreement. It should be noted
that the MPD Collective Bargaining Agreement, 2013 2016, is the subject of ongoing bargaining
and interpretation.
3
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
DIRECTIVE:
General Order 4.3, Missing Children.
General Order 4.9, MPOETC Requirements.
DIRECTIVE SECTIONS:
General Order 1.2.3, Search and Seizure without a Warrant Procedures.
General Order 1.3.2, Use of Deadly Force.
General Order 1.3.3, Prohibited Use of Weapons (Warning Shots).
General Order 1.3.7, Removal of Personnel from Line-Duty-Assignment Pending Administrative
Review.
General Order 1.3.9, Demonstrated Proficiency Required to Carry Approved Weapons.
General Order 1.3.10, Use of Force In-Service and Weapons Proficiency Training.
General Order 1.4.2, Obedience of Orders.
General Order 1.8.2, Harassment or Discrimination in the Workplace.
General Order 2.1.2, Protective Soft Body Armor.
General Order 2.1.3, Wearing Protective Ballistic Vests Pre-planned, High-risk Incidents.
General Order 2.5.1, Search of Prisoner Prior to Transport.
General Order 2.7.2, Execution or Attempted Execution of Legal Process.
General Order 2.7.6, Sworn Law Enforcement Service of Criminal Process.
General Order 3.2.6, Training Required for All Agency Personnel.
4
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
6
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
7
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
9
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
11
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
12
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
13
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
15
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
16
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
ATTACHMENT (1)
19
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
viii. Allegations of criminal conduct and the need to seek guidance from
District Attorney or Attorney Generals Office, especially with regard to a
prosecutorial decision.
ix. Duty status, such as restricted or suspended, of an officer who is the
subject of serious misconduct allegations.
1.General Order 1.3, Use of Force, does address duty status of
employees during investigations into use of force resulting in death or
serious bodily injury.
2.General Order 1.8, Conduct and Disciplinary Procedures, does
address limiting work contact between employees involved in
harassment investigations.
x. Prohibitions regarding interference in the investigative process such as
communication between the subject and the complaint, and no acts of
retaliation shall be tolerated against complainants.
Creation of new directive recommended:
1. A directive should be in place detailing the process for inspections within the MPD.
Such a process is essential to both establishing and ensuring the continued efficient
operation of the MPD and future sustainability of the reform effort. It is the
mechanism which confirms rules and regulations are uniformly applied and adhered
to, and all functions are being properly performed.
a. Some level of inspection should be required and occur regularly.
b. Inspections may be classified as:
i. Line inspections which are typically conducted more than once during a
calendar year and focus on specific areas and their conformance to
directives.
ii. Staff inspections which encompass a more in-depth review of the entire
department operation with emphasis on ensuring overall conformance
with regulations and the effective discharge of supervisory
20
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
21
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
22
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
23
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
25
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
i.
ii.
iii.
iv.
27
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
1. Many patrol operations are in place in the MPD; however, there are no directives
addressing procedures, or the directives in place do not adequately address the
operations. The following are areas which are in need of attention:
a. Conducting patrol briefings before/after designated shifts.
b. Establish procedures for first responders to emergency situations.
i. General Order 2.6, Criminal Investigations, does establish some first
responder procedures/notifications at a crime scene.
ii. General Order 4.13, Domestic Violence, does establish some first
responder procedures/notifications at the scene of a domestic violence
incident.
c. Establish procedures assigning collision scene responsibilities for responding
officers.
i. General Order 1.2.3, Search and Seizure without a Warrant Procedures,
discusses vehicle inventories.
ii. Some portions of General Order, 3.1, Criminal Investigations, would be
applicable to traffic crashes, but this is not identified.
iii. General Order 3.5, Collection and Preservation of Evidence, discusses the
utilization of a qualified evidence person at crash scenes.
iv. General Order 3.6, Property and Evidence Control, discusses security of
evidence.
d. General Order 4.3, Missing Children, includes procedures and direction for
adults eighteen to twenty-one years of age, however, fails to address procedures
for adults over the age of 21.
e. Although there are informal lists of patrol vehicle equipment including items
such as first aid kits and animal snares, no directive is in place identifying
required equipment or responsibility to inspect, account for, or replenish
expended supplies.
f. Although MPD utilizes mobile vehicle recorders, there are no directives
addressing their use, maintenance, storage, or retention.
28
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
29
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
30
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
31
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
32
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
c) The directive should address what, if any, MPD equipment may be utilized while
engaged in extra-duty employment.
d) This directive should also address outside employment which does not include
the utilization of police authority/powers.
e) Outside employment is also discussed in the CBA.
ATTACHMENT (1)
a. The directive should explain the procedure and form(s) utilized to ensure
compliance with the CBA.
b. Call-outs are addressed in the CBA.
5. A directive should be in place defining the process of requesting and utilizing sick
leave, particularly in cases of extended sick leave.
a. Administrative leave, holiday leave, sick leave, vacation (annual) leave, and
family medical leave are addressed in the CBA.
b. No mention is made of the requirement for a doctors note for extended illness.
c. The only other directive that references leave is Special Order 2014-02,
Schedule, which delineates the procedure for requesting a change to the posted
schedule.
d. No directive could be located addressing:
i. Types of leave available.
ii.
34
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
iii)
35
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
iv)
process.
e) Distribution of completed evaluation, how many copies and where.
f) Security, confidentiality, and retention of completed evaluations.
36
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
c. The directive should outline procedures in the event an employee fails the
required training.
Creation of new directive recommended:
1. A directive should be in place establishing a department policy for remedial training.
The only mention of remedial training was found in General Order 1.8.3, Biased
Based Policing, and General Order 4.13.12, Required Training (Domestic Violence).
2. A directive should be in place addressing training opportunities concurrent with shift
briefings or roll call.
3. There is no directive in place addressing employee promotion. Specific policy and
procedures should be developed and codified accordingly.
a. Appropriately incorporate the Borough's Civil Service Rules and Regulations.
b. Establish minimum qualifications.
c. Identify test criteria including performance evaluations.
d. Determine scoring methodology and development of an eligibility list.
e. Ensure commensurate supervisory training is provided to newly promoted
employees.
38
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
ATTACHMENT (1)
40
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
7. General Order 1.3.4, Use of Authorized Less Lethal Weapons. Tasers (Other
Authorized Less-lethal Weapon) are in use by this agency, but no specific directive,
general or special order, governs their use.
a. Section 1.3.4(c) simply indicates Any other less-lethal weapon authorized by
the department shall be detailed in a departmental special order)
b. A specific reference to Tasers should be included in this and/or other directive(s)
on the subject.
8. General Order 1.3.6, Written Reports and Investigations Required.
a. Tasers are in use by this agency. MPD should consider specific mention of this
less-than-lethal weapon in this directive as it has with OC. (Reference subsection
8, General Order 1.3.4, Use of Authorized Less Lethal Weapons.)
b. This written directive references PepperBall Report Forms, which could not be
located. NOTE: General Order 1.3.6, Written Reports and Investigations
Required, directs a Use of Force Report be completed when officers discharge a
firearm.
9. General Order 1.3.8, Weapons and Ammunition Approved by the Chief of Police.
a. This directive references a special order that identifies authorized duty weapons
and ammunition approved for use by officers of the department. No special
order was located.
b. This directive references the Administrative and Technical Services Division
Lieutenants position, which does not exist. MPD may wish to change this
vacant position to a non-bargaining unit member position. (Note: TMLLC
recommends in this assessment the creation of an executive level management
position that reports directly to the Chief)
10. General Order 1.8.3, Biased Based Policing.
a. This directive requires initial training during the Field Training Program and retraining at least every three years regarding the harms of bias-based profiling and
discrimination, including the review of this directive. Annual training is more in
keeping with national standards.
41
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
42
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
43
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
44
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
45
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
46
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.
ATTACHMENT (1)
47
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.