Miami Beach Police Department Review and Assessment (PERF Report) June 2014
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Transcript of Miami Beach Police Department Review and Assessment (PERF Report) June 2014
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Miami Beach Police Department
Review and Assessment
June 2014
Police Executive Research Forum
1120 Connecticut Avenue NW, Suite 930
Washington, DC 20036
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................4
SCOPE OF WORK ..........................................................................................................................4
METHODOLOGY ............................................................................................................................5
FINDINGS .....................................................................................................................................6
AGENCY OVERVIEW ..............................................................................................................21
MAJOR ELEMENTS ASSESSED ............................................................................................24
RECRUITMENT, SELECTION, HIRING AND THE PROMOTIONAL PROCESS .........................................24
RECRUITING ............................................................................................................................................ 24
BACKGROUND INVESTIGATION AND SELECTION OF POLICE OFFICERS ............................................................ 25
PROMOTIONAL PROCESS .......................................................................................................................... 26
USE OF FORCE ...........................................................................................................................28
POLICY ................................................................................................................................................... 28
USE OF FORCE TRAINING ......................................................................................................................... 32
TACTICS ................................................................................................................................................. 33
REPORTING AND REVIEW PROCESS ........................................................................................................... 34
DOCUMENTATION..................................................................................................................................... 38
DEPARTMENT TRAINING ..............................................................................................................41
RECRUIT / POST ACADEMY TRAINING ......................................................................................................... 41
FIELD TRAINING PROGRAM ....................................................................................................................... 42
ANNUAL MANDATORY RE-TRAINING ........................................................................................................... 43
SPECIALIZED TRAINING............................................................................................................................. 44
FIRST-LINE SUPERVISOR TRAINING ........................................................................................................... 45
COMMAND .............................................................................................................................................. 46
ACCOUNTABILITY SYSTEMS ........................................................................................................47
INTERNAL AFFAIRS ................................................................................................................................... 47
EARLY INTERVENTION SYSTEMS ................................................................................................................ 53
OFF-DUTY AND SECONDARY EMPLOYMENT ................................................................................................ 59
POLICE PURSUIT ..................................................................................................................................... 70
SUBSTANCE ABUSE ................................................................................................................................. 73
BIAS-FREE POLICING ..................................................................................................................78
OFFICER TRACKING AND MONITORING ....................................................................................................... 78
RECRUIT AND IN-SERVICE TRAINING........................................................................................................... 78
DEALING WITH COMPLAINTS OF BIAS ......................................................................................................... 79
EFFORTS TO ADDRESS UNCONSCIOUS BIAS ............................................................................................... 79
FURTHER CHALLENGES ............................................................................................................................ 79
ADDITIONAL IDENTIFIED DEPARTMENT MATTERS ..........................................................................80
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ORGANIZATIONAL RELATIONSHIPS ............................................................................................................. 80
SPECIAL ASSIGNMENT ROTATION .............................................................................................................. 80
IMPAIRED DRIVING ................................................................................................................................... 81
CRISIS INTERVENTION TEAMS ................................................................................................................... 82
CONCLUSION ..........................................................................................................................84
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Miami Beach Police Department Assessment
June 2014
Police Executive Research Forum
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EXECUTIVE SUMMARY
In February 2014, the Police Executive Research Forum (PERF) was contracted by the City of
Miami Beach to provide a review and assessment of the Miami Beach, FL Police Department
(MBPD). The study was a result of several high profile police incidents that had occurred over
the last several years. In 2011, a Memorial Day police-involved shooting, followed two months
later by an inebriated police officer riding an all-terrain vehicle on the beach striking and injuring
two pedestrians, led to significant changes and increased accountability within the MBPD. But
an August 2013 incident involving the death of a young man following an electronic control
weapon deployment prompted the city to request an external review of the agency. Of note, the
focus of this study was to examine how the department operates today, and NOT how the
department operated under previous chiefs or elected administrations.
As part of the assessment process, PERF conducted an on-site visit from February 24-27, 2014.
The on-site visit included five team members. PERF conducted over 50 interviews.
Interviewees included city leaders, the police chief, command staff, unit supervisors, and focus
groups. The MBPD provided documents for review prior to the teams on-site visit including
policies, personnel agreements, training materials and other departmental information.
The City of Miami Beach is located within Miami-Dade County in southeastern Florida. The
city is a barrier island of approximately seven square miles in land area. Miami Beach is a
popular coastal resort community with beaches, entertainment, and cultural activities with well-
known venues including the Art Deco Historic District and Ocean Drive. It is a popular location
for domestic and international tourists, seasonal residents, and year-round residents. The city
had an estimated 2012 population of 90,588 residents1 but reaches several hundred thousand for
special events and weekends.
Scope of Work
The City of Miami Beach requested PERF to conduct its assessment of the MBPD concentrating
on five areas:
1. Evaluation of the use of force and reporting processes;
2. Evaluation of recruitment, selection, hiring and promotion of officers;
3. Evaluation of departmental training;
1 US Census Bureau QuickFacts, http://quickfacts.census.gov/qfd/states/12/1245025.html
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4. Assessment of the departments accountability practices, early intervention system,
internal affairs procedures, and off-duty employment policies and practices; and
5. Evaluation of the departments policy, training and practice to prevent biased based
policing.
These specific topic areas were examined in relation to the departments overall policies,
procedures and practices. PERF focused particular attention on the MBPDs people, values, and
organizational culture.
At the request of city leaders, PERF included the assistance of Greenwood and Streicher, LLC, a
Cincinnati based consulting firm specializing in policing and government accountability
solutions. Coordination of the project was provided by the citys Office of Emergency
Management.
Methodology
PERFs assessment of the MBPD was a targeted approach concentrating on high risk and
sensitive issues. Three primary methodologies were used for the collection of information:
personal interviews; the collection, review and analysis of available data; and personal on-site
observations.
Documents provided by the city and department and reviewed by PERF included:
UCR crime records for the last three years,
MBPD position allocations for the last three years,
All agreements with employee organizations,
Contracts, memorandums of understanding, mutual aid, etc. between the MBPD and
other justice or law enforcement agencies which have an impact on city police services,
Prior assessments and staffing studies of the MBPD,
Use of force reports and internal affairs investigations,
MBPD statements of mission, vision and values,
Department policy and procedures,
Department training courses and curricula, and
Department reports including strategic plans and annual reports.
PERFs analysis of information was both quantitative and qualitative. PERF identified current
conditions and business practices, then compared them to progressive practices in policing,
considering the MBPDs beach, entertainment and cultural policing environment. Interviews
conducted with over 50 stakeholders examined previous high profile police incidents, current
department practices, departmental policy, training, and community views and expectations.
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Findings
Overall, PERF found the Miami Beach Police Department to have the characteristics of an
effective law enforcement agency. The department is accredited through the Commission on
Accreditation for Law Enforcement Agencies (CALEA) and, following a Gold Standard
Assessment in March 2013, received the Accreditation with Excellence Award. This report
contains recommendations that the department can use to further improve its operations. A list
of these recommendations and the section of the report to which they belong is below.
Organizational Structure
Recommendation: The MBPD should consider flattening the organizational structure at
the executive level thus improving the accountability and efficiency of command level
personnel. In addition, consideration should be given to combining the Support Services and
Technical Services Divisions under the command of one senior executive who, along with
the Operations Division commander, would report directly to the chief of police.
Recruitment, Selection, Hiring and the Promotional Process
Recommendation: The MBPD should establish a diverse selection review committee
comprised of four department members of four different ranks, one Department of
Human Resources personnel expert, and one community member to evaluate and rate
future police applicants. The group should review all eligible applicants in a formal
process, rating each qualified applicant as either above average, acceptable, or not a good
candidate for the agency. The chief would then review the committees
recommendations and, with final approval of the Department of Human Resources
director, select the best candidates for the city. The inclusion of both a Department of
Human Resources personnel expert and a Miami Beach community member bring
diversity and transparency to the process. The community member should be a volunteer
position approved by the department and available to serve a two year term.
Recommendation: The city and MBPD should negotiate alternatives to the current
contract so that the chief of police has the ability to select promotional candidates from a
group of top candidates rather than having to select the highest ranked candidate. The
ranks of sergeant and lieutenant are key positions within a law enforcement agency. The
chief of police should have the ability to select promotional candidates based on the
agreed upon testing process as well as candidates interpersonal skills, work performance,
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leadership capabilities, and for the best interests of the agency. This can be accomplished
by providing the chief with a small group of candidates to select from for each
promotional opportunity. Many law enforcement union contracts allow the chief to select
any one of the top three (or top five) highest scoring candidates.
Use of Force
Recommendation: The MBPD should amend the term used to describe the Taser
from the currently used Conducted Electrical Weapon to Electronic Control Weapon
(ECW). In 2011, PERF and the U.S. Department of Justices Office of Community
Oriented Policing Services released the 2011 Electronic Control Weapons Guidelines
publication2. The book serves as a guideline for all agencies regarding policy, training,
use, medical considerations, reporting and accountability, and public information and
community relations. The publication specifies the change in terminology from
Conducted Energy Device and other terms to Electronic Control Weapon.
Recommendation: The MBPD should refer to the ECW in all MBPD documents and
practices, including the Supervisors Report of Control of Persons, as Less-Lethal
force rather than the currently used term Non-Lethal.
Recommendation: The MBPD should review and change General Order 13-03,
subsection 4 which states, The CEW can be utilized by deploying the probes or using the
drive stun. The policy should state Officers deploying the ECW are discouraged from
using the weapon in the drive stun mode as a pain compliance technique. The drive stun
mode should be used only to supplement the probe mode to complete the incapacitation
circuit, or as a countermeasure to gain separation between the officer and the subject so
that the officer can consider another force option.
Recommendation: The MBPD should add additional language to General Order 13-03,
subsection 4 which states that when deploying the ECW, use of the CEW shall be
discontinued once compliance is achieved. In order to provide further clarification to
this directive, it is recommended that language be inserted to the effect that Personnel
should use an ECW for one standard cycle (five seconds) and then evaluate the situation
to determine if subsequent cycles are necessary. Personnel should consider that exposure
2 http://cops.usdoj.gov/Publications/e021111339-PERF-ECWGb.pdf
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to the ECW for longer than 15 seconds (whether due to multiple applications or
continuous cycling) may increase the risk of death or serious injury. Any subsequent
applications should be independently justifiable, and the risks should be weighed against
other force options.
Recommendation: The MBPD should conduct random audits of ECW data in order to
reconcile existing use of force incidents with recorded activations. After each use of an
ECW, a download of weapon data should occur and a printout kept along with the use of
force investigation. General Order 13-03 Conducted Electrical Weapon (issued 4/25/13
and supersedes SOP-17-Use of Force), makes no mention of downloading data from each
assigned ECW (Taser), either randomly or following the use of the weapon. Such data
provides clear evidence to show whether an ECW was deployed and whether the
recommended five-second cycle was exceeded.
Recommendation: The MBPD should have supervisors conduct daily roll-call
inspections of all personnel in order to verify that all officers are carrying all required
less-lethal weapons currently available to them. It is imperative to ensure that each
officer assigned to street duty has both the Aerosol Deterrent Spray and the ECW
available as less-lethal tools for any encounter. This gives the officer several options
other than resorting to the use of a firearm.
Recommendation: The MBPD no longer trains its officers to perform Applied Carotid
Triangular Restraint (ACTR), and does not recertify any officers; therefore the MBPD
should remove the ACTR from the use of force policy.
Recommendation: The MBPD should mandate a second yearly firearm qualification
course that is scenario based and tactically oriented. Scenario-based training will be
well received by officers and is critical to ensuring the department is reviewing the use of
force policy and preparing its officers for critical incidents including active shooter
situations, potential cross-fire situations, and use of concealment and cover.
Recommendation: The MBPD should require officers to complete a Control of Persons
report form for those instances when they use force but which do not rise to the
requirement that a supervisor complete the form. The current policy, SOP 017, section
V. Reporting Use of Force Incidents, does not require a supervisor to complete the
Supervisors Report of Control of Persons form when the use of force does not result in
an injury to the subject, when it is not likely to cause an injury to the subject or when the
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subject does not complain of an injury. Officers may document their use of force on their
incident report but there is no systematic way that these reports can be retrieved.
Therefore, the department does not have a complete view of the frequency and outcomes
of the use of force by officers. The annual report submitted by the Internal Affairs
commander is based on Control of Persons reports, not on all episodes were force was
used.
Recommendation: The MBPD needs to revise SOP 117 section IV.B.1.f, which limits
the officers contact to an attorney, an immediate family member, and/or a member of the
clergy or counselor, to include contact with a supervisor, who according to section
IV.B.2. a.4) is required to debrief the officer to ascertain if the officer, subject or any
other person is injured, if there are suspect at large, and the extent of the scene.
Recommendation: The MBPD should revise SOP 017 to specify that the same reporting
and investigative process will be used whenever deadly force is used regardless of the
outcome. It was reported to PERF interviewers that the same process is used regardless
of outcome. The policy needs to be revised to mandate this.
Recommendation: The MBPD should create a Use of Force Review Board (UFRB) to
review all cases involving use of force, both serious and minor. Not only should cases
involving firearms, use of an ECW, apprehension involving a K-9 bite, or any other case
involving serious injuries to officers and/or arrestees be assessed, so should cases where
no injury occurs. The function and operation of the panel can be handled in a similar
way to the Internal Affairs Investigations Disposition Panels already in existence, and
governed by General Order #12-05. The Internal Affairs Unit, which currently conducts
quarterly statistical analyses of use of force cases (on average 210 cases per year) where
the Control of Persons report is used should have the ability to recommend that certain
cases that meet specific criteria be sent to the UFRB.
It is recommended that a UFRB meet at least every two months. The board should
consist of a deputy chief or major chairing the group, two captains, and the manager of
the training unit.
The purpose of the board is to analyze each use of force, discuss the merits of the case,
and identify administrative sanctions, commendations, or training needs for each case.
Specifically the board should review each case with respect to:
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Compliance with MBPD policies;
Whether proper tactics were used by the officer(s);
Assessment of risk management issues for the department;
Adequacy of training; and
Whether the level of force was appropriate for the incident.
After thorough review of each case by the board, the board should recommend whether
further action is needed. If further action is needed the case should be returned to
Internal Affairs for follow-up.
Recommendation: The MBPD should include language in each Memorandum of
Understanding for assistance specifying that visiting officers must abide by MBPD use of
force policies. Furthermore, the MBPD should conduct recurring training sessions to
officers of outside agencies who regularly operate in the city of Miami Beach, on MBPD
use of force policies and reporting requirements. Completion of such training should be a
requirement for outside officers to work either on-duty or off duty in Miami Beach.
Department Training
Recommendation: The MBPD should update the Field Training Manual to reflect the
departments switch from utilizing a use of force matrix, or continuum, to using a system
of objective reasonableness, in which officers are required to gauge the level of a
subjects resistance, and respond with the appropriate level of force based on totality of
circumstances. This change is keeping with progressive practices and the landmark U.S.
Supreme Court case Graham v. Connor (490 U.S. 386).
Recommendation: The MBPD should require an additional 20 hours of annual
mandatory re-training for each officer. Although the department meets the minimum
FDLE requirement with 10 hours each year, this is a limited amount of time to cover a
variety of important topics for a modern and progressive police agency. This additional
training should include contemporary local or national law enforcement issues that will
likely have an impact on policing in Miami Beach.
Recommendation: The MBPD should include in upcoming annual mandatory re-
training sessions training specific to the topic of de-escalation and minimizing the use of
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force. A July 2013 PERF publication titled Civil Rights Investigations of Local Police:
Lessons Learned3 reveals that police use of force has been one of the primary issues
behind the U.S. Department of Justices (USDOJ) investigations of local police
departments for civil rights violations. One of the key aspects identified by USDOJ in
each mandate is the use of de-escalation techniques. De-escalation techniques involve
the ability of the officer to reduce or eliminate force as resistance decreases or stops. De-
escalation can also include the use of verbal skills to bring a peaceful conclusion to a
potentially confrontational event. This can be critical when dealing with subjects
exhibiting erratic or dangerous behavior due to mental illness, medical impairments, or
the influence of alcohol or drugs.
Recommendation: The MBPD should consider training all officers to deal with civil
disturbances with large crowds by providing Mobile Field Force training. The
department currently has a contingent of bicycle officers trained in the rapid response to
crowd related issues using the bicycle as a crowd control tool. In addition, there is a
regional civil disturbance team that has six MBPD officers assigned that can be activated
upon request. But in Miami Beach, large crowds are a common occurrence and problems
can arise quickly, leaving little time for response and regional assistance. Conducting
Mobile Field Force training for all officers on civil disturbance response, techniques,
and handling large crowds would be an asset to the agency. Conducting a yearly review
of this response should be included in the departments annual mandatory re-training.
Recommendation: The MBPD should provide basic first-line supervisor training to new
sergeants immediately following promotion by developing an in-house course. The
course can be created using computer based instruction, required readings, and
discussions with veteran sergeants and managers. By using adult based learning
principles, the absence of a readily available traditional training course can be countered.
The instruction must cover a variety of skills including basic responsibilities, department
expectations, communication skills, performance evaluations, and handling critical
incidents including use of force, ECW deployments, and responding to mentally ill
subjects. Skills in maximizing procedural justice and de-escalation should be included.
As openings become available for additional first-line supervisor training outside of the
3 Critical Issues in Policing Series, Civil Rights Investigations of Local Police: Lessons Learned. Police Executive
Research Forum, July 2013. http://policeforum.org/library/critical-issues-in-policing-
series/CivilRightsInvestigationsofLocalPolice.pdf
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agency, the sergeants should be given the training in order to further their understanding
of the position and its role and responsibilities. The department should continue its
current practice of assigning a more experienced sergeant to the newly promoted
sergeants for mentoring and assistance.
Recommendation: The department should institute a formal leadership development
program to prepare future leaders. Components should include requirements for formal
education, locally available leadership courses, and completion of at least one nationally
recognized course such as the FBIs Executive Institute, PERFs Senior Management
Institute for Police, Northwestern Universitys School of Police Staff and Command, or
the Southern Police Institutes Administrative Officers Course.
Accountability Systems
Recommendation: The MBPD should fill the Internal Affairs deputy commander
position with a lieutenant. This will allow for multiple layers of review of Internal
Affairs investigators work product.
Recommendation: The MBPD should add a requirement to its standard operating
procedure for the Internal Affairs function that members of the IA unit bring any conflict
of interest that is related to a current investigation to the attention of their immediate
supervisor and/or commanding officer and withdraw from such investigations. This
action will help to support the City of Miami Beachs efforts to ensure objectivity,
fairness, and equity in the MBPD IA function.
Recommendation: The MBPD should assemble a comprehensive policy and procedure
manual that includes specific directives which address the various issues necessary to
complete a fair and unbiased IA investigation, e.g. locating and interviewing witnesses,
prohibiting leading or hostile questions, judging witness credibility, probing
inconsistencies in witness/officer statements, obtaining medical records, and other
investigative tasks.
Recommendation: The City of Miami Beach should identify the primary languages
spoken within its jurisdiction by both residents and visitors so the MBPD can incorporate
them into the publication of its current complaint/compliment forms.
Recommendation: The Miami Beach Police Department should periodically publicize
its citizen complaint process and reiterate the access points for filing complaints against
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or compliments in support of police officers. Currently complaints can be made via the
departments web site but other venues can include community centers, chamber of
commerce offices, libraries, home offices of local advocacy groups, and other centers for
public gatherings.
Recommendation: The MBPD should add to the section of their standard operating
procedure which pertains to IA investigations, language requiring and specifically
directing the investigation of all incidents of collateral misconduct. Such investigations
should be identified as Collateral Misconduct Investigations and be subject to the same
closures as primary misconduct investigations. They should be reported as a separate
category of internal investigations.
Recommendation: The MBPD should use the full functionality of the IAPro system
incorporating all aspects of an effective Early Intervention System (EIS) including a data
sharing principle that would allow access by appropriate supervisors and command
personnel. Appropriate training should be provided to all supervisory/command personnel
in the agency to familiarize each with the IAPro system, its potential benefit when used
correctly, and to ensure effective implementation of the agencys EI system.
Recommendation: The MBPD should examine the extent to which there are differences
in officer behavior depending on assignment, as measured by triggering the Early
Intervention thresholds. Are officers as a group regularly assigned to the more active or
risky beats and shifts in South Beach more likely to exhibit behaviors that approach or
exceed the EI triggers than officers working the more placid beats and shifts in other parts
of the city? If such comparisons show significant differences, the department should, at
least temporarily, implement peer based comparison procedures as part of the EI system.
Officer performance should be assessed against that of their group of peers who work in
similar circumstances. However, if disparities are discovered based on work assignments,
the department should put greater emphasis on training its officers in procedural justice
and de-escalation techniques with the eventual expectation that a single set of thresholds
would apply to all officers.
Recommendation: The MBPD should adopt an annual external police oversight
mechanism such as an independent auditor, ombudsman, retired judge or prosecutor or
other hybrid component to conduct a review of all internal affairs investigations. The
U.S. Department of Justice has routinely mandated the creation of an external oversight
component in consent decrees and memoranda of agreements during the past 15 years.
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Such documents serve as excellent references for the considerations involved in
establishing an oversight mechanism.
Recommendation: The MBPD should implement a records management system,
designed specifically for the IA function, that incorporates cloud-based technology to
provide redundant backup systems in a secure environment. This system would permit
personnel to utilize electronic tablets for note-taking, recording statements, data sharing,
photographs, video production, and other functions during the investigative process, thus
improving effectiveness and efficiency. Such a transition would also permit the office to
be freed of clutter resulting from storage of closed case files maintained in compliance
with records retention laws.
Recommendation: The MBPD should strongly consider implementing the use of officer
body worn cameras. Technology in this field has improved significantly over the past
five years and adoption of this equipment is widely seen as the wave of the future in
policing. When used properly, these systems provide real-time audio and visual
recordings of all incidents where an officer has invoked his or her authority as a public
official. These recordings can greatly assist an agency in resolving complaints;
identifying, collecting, and preserving evidence; enhancing training; and improving front-
line supervision. Cloud-based, digital evidence management systems are also available
which assist the agency in maintaining the integrity of its investigations. The U.S.
Department of Justices Community Oriented Policing Services and the Police Executive
Research Forum will soon be releasing policy and practice recommendations regarding
the use of body worn cameras.
Off-Duty and Secondary Employment
Recommendation: The city should revamp its Off-Duty Employment Office and
establish it as a coordination office that is free of influence and/or control of the police
department. In addition, the city should consider creating a director position to act in an
autonomous fashion although still governed by a highly structured set of rules and
regulations specifically designed to enhance and maintain the integrity of the department
and city government. The director would evaluate and coordinate off-duty details with an
executive level MBPD staff member to ensure adequate controls and staffing are in place.
Where concerns over the secondary employment system exist, these safeguards can serve
as a major step in establishing control over the liability associated with off-duty paid
details.
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Recommendation: The MBPD should mandate that all details are controlled and
coordinated and that all officers are assigned by the Off-Duty Employment Office with
the office configured separate of the MBPD as recommend above. The MBPD job
coordinator position should be abolished and any closed details eliminated. The Off-
Duty Employment Office should perform all the duties that have been delegated to the
job coordinators and should be staffed appropriately. There should be no distinctions
among the assignment processes based on the type of detail. Instead, the Off-Duty
Employment Office should maintain a master calendar of all detail opportunities, along
with a master list of employees desiring to work off-duty details. The initial officer list
should be by seniority. Three weeks in advance of a detail, the first person on the list
should be offered the opportunity to work the detail. If that person chooses not to work
the detail, then the next person on the list is offered the opportunity, and so on down the
list. Once an officer accepts a detail, his/her name goes to the bottom of the list. If a
person refuses two straight opportunities to work, his/her name goes to the bottom of the
list. This process will end detail ownership and will provide a fair and equitable
process for those wishing to work off-duty details.
Recommendation: MBPD GO #13-08 section X.B.4 should be revised to prohibit
employees from being responsible for finding a replacement Full-Time Sworn Officer if
the employee is unable to work a scheduled off-duty detail. The employee should
immediately notify the Off-Duty Employment Office, which will find a replacement.
The MBPD should consider one of the available off-the-shelf personnel software
scheduling tools to assist the agency in notifying and scheduling officers for off-duty
details.
Recommendation: The Miami Beach Police Department should change SOP 011 section
X.B.12 from Officers of a higher rank may work a detail coordinated by a lesser
ranking officer to Officers of a higher rank are expressly prohibited from working a
detail coordinated by a lesser ranking officer. This recommendation may be moot if
the department eliminates the job coordinator position as recommended above.
Recommendation: The MBPD should mandate that a period of at least 15 minutes must
exist between an officers on duty working hours and his or her secondary employment.
This action would protect both the city and the secondary employer from paying for
services which cannot possibly be provided (i.e., it is impossible for an officer to be in
two places at the same time).
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Recommendation: Although command staff positions may work certain types of off-duty
jobs they should be prohibited from working off-duty details. The deputy chief, majors
and captains should be removed from the list of those eligible for off-duty details. These
management employees are salaried rather than hourly workers. They are not covered by
the FOP contract and according to federal Fair Labor Standards Act provisions are not
eligible for overtime. Working off-duty details diminishes their standing as command
officers.
Recommendation: The MBPD should further restrict the number of hours an officer
should be permitted to work secondary employment work on the days the officer is
working. The department should prohibit officers from working more than 14 hours in a
24 hour work day 10 hours on duty and no more than four hours in off-duty details.
The limitations on off-duty work provide protection against officers working an
excessive amount of hours which can lead to reduced effectiveness and a lack of
performance in either on, or off-duty capacities. The MBPD currently permits officers to
work 72 hours in a work week (40 hours on duty and up to 32 hours off-duty) and 18
hours in a day (i.e.,10 hours in the regular shift and up to an eight hour detail before or
after their regular tour of duty). This does not include off-time spent in court or overtime
required by exceptional circumstances. Exhaustion may lead to health issues and other
problems in ones personal and professional life, not to mention a reduced ability to
function effectively. The department should consider redefining the current limit of 72
hours worked per week to include regular hours, off-duty details, and overtime.
Recommendation: The Miami Beach Police Department should expressly prohibit its
employees from working off-duty as Personal Security Escorts as now permitted by SOP
0111, section XVI. Working as a body guard can easily create a conflict of interest and
could impair an officers independence of judgment.
Recommendation: The MBPD should incorporate language in its off-duty request
forms to remind the officer of his/her duties, obligations, and expectations. Although
these issues are addressed in other rules and regulations, the annual registration and re-
registration is a valuable tool in establishing the officers knowledge of his or her duties
and responsibilities. It also serves as a reminder to the officer that he or she is not an
independent contractor but instead an employee of the City of Miami Beach acting under
the color of law. This requirement would also serve to counter any claim that an officer
did not know, was not aware, or was never told that he or she was responsible to the city
as an employee. This excuse occasionally surfaces in arbitrations where an employee
pleads ignorance as an excuse for inappropriate behavior, somehow rationalizing that the
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city is at fault for not having made them aware of their status as an employee of the city,
despite working an off-duty detail in uniform and under color of law.
Use of Force Shooting at Vehicles
Recommendation: The MBPD should make it a high priority to update its Use of Force
policy to simply and specifically state that officers are prohibited from shooting at
vehicles unless the occupants are attempting to use deadly forceother than the
vehicleagainst them. Such policy is a nationally accepted best practice. Shooting the
operator of a moving vehicle does not result in a stopped vehicle it simply raises the
chances of danger or injury from an uncontrolled vehicle.
Drug and Alcohol Testing
Recommendation: The city and the MBPD should develop clear and unambiguous
policy and protocols that mandate alcohol testing for police officers on both a random
and reasonable belief basis. Public confidence in the police department and the safety of
both the public and police officers will be enhanced by testing aimed at precluding that
officers are impaired by alcohol (as well as drugs).
Recommendation: The City of Miami Beach should expand its drug testing policies for
the police department to include modern, commonly abused, synthetic drugs such as bath
salts and performance enhancing drugs, such as steroids. Furthermore, the city should
include alcohol in its testing policy as a means of enhancing its commitment to creating
the safest possible operating environment for both internal and external customers.
These expansions to the current policy would bring the City of Miami Beach in line with
contemporary best practices and help to hold its police officers to a high standard of
accountability.
Recommendation: The City of Miami Beach should strengthen its substance abuse
policies governing the MBPD as follows. The departments policies should replicate the
citys policies as a method of reiterating the importance of officers working without
impairment. MBPDs policy, as cited in city policy, should:
Clearly identify the conditions which trigger tests administered for drugs and/or
alcohol, i.e. pre-employment, random, reasonable suspicion, post-crash and
serious use of force, return to duty, and follow up.
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Define any incidents where drug and/or alcohol testing is mandated, e.g.
immediately following an officers involvement in a critical incident. Policy
should include a prohibition from drinking any alcoholic beverages or ingesting
any drug until after testing has been completed.
Define exactly which supervisor(s) can make a decision regarding reasonable
suspicion testing and the specific criteria that personnel must consider in making
such a decision.
Include language requiring every employee to immediately report to a supervisor
or commander, any knowledge or suspicion they have that a fellow employee may
be under the influence of drugs and/or alcohol while on duty. This mandate
should also include language which requires all employees to immediately report
themselves to a supervisor if they have reported for duty under the influence of
any alcohol or drug, including prescribed medications, which may impair
performance.
Include language which prohibits the use of alcohol for a specified amount of
time before reporting for ones tour of duty, e.g. 8 hours prior to performance of
duty.
Include language which provides guidance for action if an employee tests positive
for alcohol yet the BAC is less than 0.04%, such as immediate relief from duty
and restriction from returning to duty for a specified period of time (24 hours)
plus follow up testing to determine his or her level of sobriety. The city has
benchmarked 0.04% as the threshold for determining a positive alcohol test.
There is no language directing action for a person who tests between 0.02 and
0.039% therefore, it appears as though such an incident would simply be ignored.
This is a critical consideration as police officers may be required to make split-
second decisions about the use of deadly force or operate a vehicle under
emergency conditions during their tour of duty.
Mandate employee training to include the distribution of educational materials
regarding these requirements and methods for meeting such requirements.
Define a specific training period for all employees to ensure awareness of the
Citys policies, procedures and protocols.
Mandate specific annual training for all supervisors on the various performance
indicators of probable drug or alcohol use/impairment. The training should also
include instruction on the specific duties and responsibilities of all supervisors
should they be confronted with such a situation including the report of such
conditions from a fellow employee or a member of the public.
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Bias-Free Policing
Recommendation: The MBPD should address perceptions of racial bias in its special
events operations by engaging in targeted outreach to civil rights, civil liberties, and
minority rights advocacy groups. This will assist in improving its relationships with
various advocacy groups and members of the public. In addition, the City should
consider creating a special events coordinator position within the department as discussed
in the off-duty details section.
Additional Identified Department Matters
Recommendation: The MBPD should review duty assignments particularly among the
Special Operations Units Assertive Crime Enforcement, Crime Suppression Team, and
Strategic Investigations Squad to ensure that periodic rotations are occurring for both
officers and sergeants. Proactive prevention measures such as rotation of duty
assignments in areas described above should be part of any agencys misconduct
prevention strategy. A maximum 4-year assignment in the Special Operations Unit
would provide officers throughout the department with an opportunity to serve in these
specialized units as well as provide fresh perspectives and diversity in the units.
Recommendation: The MBPD should enhance its DUI enforcement efforts through the
combined use of the Motor Squad, the Special Operations Units Assertive Crime
Enforcement Squad and two Crime Suppression Teams. These units, working together as
part of their regular enforcement duties using saturation patrols and occasional DUI
checkpoints, would enhance the departments DUI enforcement efforts and combat other
potential criminal acts discovered through traffic enforcement.
Recommendation: The MBPD should implement crisis intervention training in both
post academy and its yearly in-service training. Based on the number of mental health
and alcohol related incidents the agency responds to, crisis intervention training is a
necessary and practical tool.
Recommendation: The city and the MBPD should establish crisis intervention teams
that are a combination of law enforcement officers and mental health providers. Such
teams in other jurisdictions are often available seven days a week and dispatched by 911
operators. The teams are most often used in police encounters with mentally ill persons,
suicidal threats, emergency commitments, drug and alcohol related crisis, and situational
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crisis. Incorporating a working team of officers or combination of officer and mental
health providers specially trained to handle crisis intervention events would serve as an
asset to the city. A model to be examined is in place in the Palm Beach County Sheriffs
Office.
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AGENCY OVERVIEW
The Miami Beach Police Department (MBPD) is a full-service law enforcement agency
comprised of an authorized 387 sworn officers and approximately 86 civilian personnel. The
department previously had 157 civilian personnel but recently reassigned the 911 communication
center responsibilities to the citys Office of Emergency Management.
The department is accredited through the Commission on Accreditation for Law Enforcement
Agencies (CALEA). Following a Gold Standard Assessment in March 2013, the agency
received the Accreditation with Excellence Award. The Gold Standard Assessment for
CALEA is a voluntary assessment that focuses on processes and outcomes associated with
standards specific to the agency. It is designed to measure the impact of accreditation as
compared to just confirming compliance.4
Sworn officers at the rank of officer, sergeant, and lieutenant are all represented by the Miami
Beach Fraternal Order of Police Lodge 8 (FOP). Command level personnel serving as captains,
majors, and the deputy chief, all serve at the selection and pleasure of the chief of police. An
individual serving in this capacity can be demoted from this position and return to their
previously held position of lieutenant or below unless the reason for demotion is misconduct
resulting in discipline and termination.
As part of PERFs review and assessment preparation process, it conducted a broad review of the
MBPDs current organizational structure. The focus of this review and follow-up discussion
with command personnel centered on the following areas:
Is the departments structure in line with the structure of comparable agencies?
Does the departments structure correspond to what the professional knowledge of the
study team has discovered to be efficient and effective in terms of efficient allocation of
personnel and effective matching of organizational units to tasks?
What alterations are needed in the structure to help the department implement its strategic
vision?
4 http://www.calea.org/content/calea-gold-standard-assessment
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The departments organizational chart follows:
Office of the Chief of
Police
Internal Affairs
Community Affairs
Office
FOP
Financial
Management
Grants Management
and Public Safety
Special Projects
Planning and
Research
PAL
Support Services
Division
Technical Services
Division
Training Unit
Property and
Evidence Unit
Business and
Personnel
Resources Unit
Professional
Standards and
Information Resources
Records
Management
Section
Operations
Division
Operations Division
XO
Special Operations
Unit
Area 1 (South)
Area 2 (Middle)
Area 3 (North)
Criminal
Investigations Unit
(CIU)
Special Events
Lieutenant
AIU
School Liaison
Assertive Crime
Enforcement Squad
(ACE)
Crime Suppression
Team
(CST)
Strategic
Investigations
Squad
(SIS)
Neighborhood
Resource Officer
Motorcycle Squad
Washington Ave.
Walking Beat
Neighborhood
Resource Officer
Neighborhood
Resource Officer
Homicide
41st Street
Walking Beat
Collins Ave. and
71st St.
Walking Beat
Property and
Economic Crimes
Motorcycle Squad
Motorcycle Squad
Robbery
Detention Officers
(Citywide)
Marine Patrol
(Citywide)
RDA Officer
Crime Analysis
Crime Analysis
Special Victims
Violent Crimes
Crime Scene
Squad
Crime Analysis
K-9 Squad
Crime Analysis
The MBPD is organized into three divisions: Operations Division, Support Services Division,
and Technical Services Division. The Support Services Division includes the Training Unit, the
Property and Evidence Unit, and the Business and Personnel Resources Unit. The Technical
Services Division is comprised of Professional Standards and Information Resources, and the
Records Management Section. All patrol, specialized operational response teams, and
investigative components are assigned within the Operations Division.
Although the configuration of the department at the division level is commonly found in
similarly sized municipal agencies, the number and rank of personnel reporting to each division
commander, a major, varies significantly among divisions. For example, in the Technical
Services Division, there is only one lieutenant and one captain. In a traditional paramilitary
organization, the lieutenant reports directly to the captain who then reports directly to the
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division major. This leaves both the Technical Services major and captain with only one direct
reporting sworn officer; a span of control of one. There are 19 total personnel under the
command of the Technical Services Division major compared to almost 250 sworn and civilian
personnel under the command of the Operations Division major. This is a significant difference
in responsibility and accountability and what PERF believes is an inefficient use of command
personnel.
Similar to the Technical Services Division, the Support Services Division has roughly 40 total
personnel with no captains and three lieutenants reporting directly to the division major.
Recommendation: The MBPD should consider flattening the organizational
structure at the executive level thus improving the accountability and efficiency of
command level personnel. In addition, consideration should be given to combining the
Support Services and Technical Services Divisions under the command of one senior
executive who, along with the Operations Division commander, would report directly to
the chief of police.
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MAJOR ELEMENTS ASSESSED
The following sections describe the key areas examined as part of the review and assessment
process. During the course of PERFs review, several additional areas for the city and MBPDs
consideration were identified. They too have been described with appropriate recommendations.
Recruitment, Selection, Hiring and the Promotional Process
Recruiting, evaluating, and selecting the right individuals for a police agency are essential for the
departments success. The process involves many steps, often including a written exam, physical
agility test, oral interview, drug screen, background investigation, polygraph, and medical and
psychological screening. The process can often take months to complete before officers are
offered a position within the agency. Ensuring a fair, impartial, valid, and reliable process that
attracts diverse and qualified individuals is necessary to create a professional law enforcement
agency.
Recruiting
As a result of good pay, benefits, and a world renowned location, the MBPD has had no notable
issues in recruiting a large pool of police applicants. The recruiting process, which is initially
handled by the citys Department of Human Resources, involves an on-line advertisement and
application process that is open for several weeks or as needed.
In the mid 2000s, the city began recruiting and hiring only currently Florida certified police
officers or applicants who had successfully completed a Florida Basic Law Enforcement
Training program. Most applicants therefore come from other Florida law enforcement agencies
or have completed an academy program and are eligible for certification if hired. Interviews with
department staff viewed hiring certified officers or officers eligible for certification as a cost
savings approach implemented by the city. The department previously had a more traditional
process of hiring most recruits with no experience and placing them into a locally run police
academy. Although there can be benefits and potential problems with hiring only certified police
officers, with various training and experience from their previous agency, the MBPD has not
identified any particular problems or patterns where this has been an issue for the agency.
A primary disadvantage of this system is that the department ends up hiring only those who self-
selected themselves to be police officers. Many departments of Miami Beachs size strive to
create a workforce with diverse backgrounds and have recruitment efforts that seek to attract
teachers, home-makers, accountants, clerks and other who bring their diverse life experiences
into policing.
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The city has recently sought the services of IO Solutions5, an Illinois-based human resources
firm that specializes in public safety personnel processes, to assist the city in improving its hiring
and promotional process. IO Solutions conducted job analyses for the positions of police officer,
sergeant, and lieutenant. Using the results of this analysis, they are scheduled to provide the city
with assistance in its hiring process soon. They have already assisted in the promotional process.
The new hiring process will include a new written test and a structured panel interview. IO
Solutions will then prepare a list of qualified officers for submission to the city. The test and
structured interview is a new and effective step in the hiring process and is commonly found in
progressive police agencies.
Background Investigation and Selection of Police Officers
Once a list of qualified candidates has been provided to the MBPD, detectives from the Business
and Personnel Resources Unit initiate the background investigation. The process can take two to
three months and was found to be an extensive and thorough process, similar to those used in
other professional police agencies. The process includes the following 15 areas:
1. Review of current and previous employers going back 10 years,
2. Criminal history checks,
3. Confirmation of educational history,
4. Review of use of controlled dangerous substances,
5. Review of military service if applicable,
6. Review of prior police certification,
7. Personal references and review of social media sites,
8. Review of credit history,
9. Review for application to other police agencies which includes review of internal files
and issues,
10. Review of driving record,
11. Neighborhood checks,
12. Home interview,
13. Truth verification testing (MBPD utilizes the Computer Voice Stress Analyzer),
14. Medical evaluation (following conditional offer of employment), and
15. Psychological evaluation (following conditional offer of employment).
When thoroughly evaluated, the 15 areas identified above should provide the agency with
sufficient information to determine whether candidates should be eliminated from further
5 http://www.iosolutions.org/default.aspx
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consideration for failure to meet state or city standards. For example, elimination could occur as
a result of admitted or identified drug use that exceeds standards, criminal activity, unresolved
credit issues, or excessive debt. An essential piece of the background investigation is to ensure
the candidate has sound moral character as determined by the agency. Interviews of department
staff and review of the department policy and practice indicate the department is following
progressive practices in the background process.
Upon completion of the background investigation, applicants who meet all minimum standards
are reviewed by the Support Services Division sergeants, lieutenants and major. Their
recommendations are then sent to the chief of police for the chiefs selection. Then the
Department of Human Resources director reviews the selection since in Miami Beach the HR
director is the final hiring authority.
Recommendation: The MBPD should establish a diverse selection review committee
comprised of four department members of four different ranks, one Department of
Human Resources personnel expert, and one community member to evaluate and rate
future police applicants. The group should review all eligible applicants in a formal
process, rating each qualified applicant as either above average, acceptable, or not a good
candidate for the agency. The chief would then review the committees
recommendations and, with final approval of the Department of Human Resources
director, select the best candidates for the city. The inclusion of both a Department of
Human Resources personnel expert and a Miami Beach community member bring
diversity and transparency to the process. The community member should be a volunteer
position approved by the department and available to serve a two year term.
Promotional Process
The promotional process for the ranks of sergeant and lieutenant are well described in the
Agreement between City of Miami Beach, Florida and Miami Beach Fraternal Order of Police
William Nichols Lodge No. 8, period covered October 1, 2012 through September 30, 2015.
Highlights of the process are identified below.
The city and MBPD prepare and administer the promotional process every two years. Officers
must have four years of service to be eligible to test for sergeant and that sergeants must have
two years in service at the rank of sergeant to test for lieutenant. Seniority and educational bonus
points are added to a candidates final score. The department may request a potential candidate
not be allowed to partake in the promotional process. Although this does not seem to have been
utilized in the past, it could be used in the event of current or past significant performance or
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policy violations issues. In order to do so, justification must be provided. A final decision as to
whether such a request is granted is made by the city manager or the managers designee from
the Department of Human Resources.
The negotiated bargaining agreement requires that a promotional committee, as established and
defined by the union agreement, be selected to review and determine what test materials should
be used for both the sergeant and lieutenant promotional process. Once this process is
completed, the committee provides its recommendations to the chief of police. The chief then
reviews the recommendations with FOP representatives. Upon mutual agreement, the selected
topics for testing are provided to the citys contractor, IO Solutions. Officers are provided
several months to review and prepare for the test. At the end of the process, each candidate is
provided a numerical score. Any conflicts or issues arising in the promotional process are
handled by the chief of police with the assistance of the director of Human Resources.
IO Solutions has conducted a job analysis for the positions of sergeant and lieutenant. As part of
the process, IO Solutions reviewed position-required skills, knowledge and abilities, discussed
position requirements with various department staff, and conducted ride-alongs to see how
incumbents perform. Based on this analysis, the process now requires that candidates for
sergeants pass a written test with a minimum score of 70%. Those who pass the written exam
are further assessed in a structured process where they must complete a written exercise,
simulate a shift briefing, and undergo a panel interview with sergeants from other police
agencies. The structured process is scored numerically and a final score is calculated with the
written exam and the assessment process each having equal value.
Those competing for lieutenant must pass a written test with a minimum score of 70%. Those
continuing in the process will go through an assessment process starting with a written exercise
involving the preparation of a police operational plan. This is followed by a structured interview
process with interviewers who are lieutenants from other police agencies. The candidates are
provided a numerical score rating their performance in the assessment process. Similar to the
sergeant process, a final score is calculated for each candidate with the written exam and the
assessment process each having equal value.
The outcome of both promotional processes is a list of candidates ranked by numerical score. If
candidates have identical scores, their rank is determined by seniority in their current position.
The list lasts for two years. The current FOP contract requires that the chief appoint the
candidate with the highest score. If there are multiple openings the chief must continue
down the list in rank order.
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Recommendation: The city and MBPD should negotiate alternatives to the current
contract so that the chief of police has the ability to select promotional candidates from a
group of top candidates rather than having to select the highest ranked candidate. The
ranks of sergeant and lieutenant are key positions within a law enforcement agency. The
chief of police should have the ability to select promotional candidates based on the
agreed upon testing process as well as candidates interpersonal skills, work performance,
leadership capabilities, and for the best interests of the agency. This can be accomplished
by providing the chief with a small group of candidates to select from for each
promotional opportunity. Many law enforcement union contracts allow the chief to select
any one of the top three (or top five) highest scoring candidates.
Use of Force
Incidents involving use of force by MBPD officers often gain significant media attention because
of the citys high profile. Miami Beach attracts large groups of people, large scale events and
celebrities. What happens in Miami Beach is often of national interest. MBPD officers, over
the last few years, have been involved in use of force incidents that have resulted in a great deal
of focus on how the police department trains its officers in the use of force.
As part of its review, PERF conducted wide ranging interviews with officers, supervisors,
managers at all levels, and training personnel. PERF also reviewed all MBPD policies and
training documents relating to use of force, use of force investigations conducted by Internal
Affairs, and participated in several ride-alongs to observe first-hand officer interactions with the
community.
Policy
The policy governing use of force in the MBPD is SOP-017, last updated in May 2009.
According to MBPD, an updated policy is being written. At the time of this report, it had not
been released. The various parts of the use of force policy are discussed below.
Firearms
The policy governing the firearms training, use and inspection is SOP-007, last revised in 2011.
The policy provides guidance regarding the types of weapons officers, supervisors and managers
may carry and under which circumstances. Uniformed officers may only carry the Sig Sauer
P226 .40 caliber semi-automatic pistol that is issued by the department. Those in non-uniformed
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assignments, or who are members of the command staff may carry either the P226 or the P239
.40 caliber handgun supplied by the department. Non-uniformed officers are allowed to carry
alternate primary firearms; however, such weapons must be a .40 caliber handgun and must be
purchased by the member and authorized by the range master.
The MBPD also allows officers to carry back-up firearms. The back-up firearm must be an
approved department firearm, purchased by the officer, and carried in a concealed manner.
Officers must provide their own ammunition for training and requalification, and are held
responsible for care and maintenance of the firearm. Weapons are checked annually by firearm
instructors and armors.
The MBPD requires its officers to carry department authorized firearms while off-duty whenever
driving a city owned or leased vehicle.
Conducted Electrical Weapon
General Order 13-03 amended the term Electronic Control Device (ECD) to Conducted
Electrical Weapon (CEW), and supplements SOP-017, which governs use of force policies.
Recommendation: The MBPD should amend the term used to describe the Taser
from the currently used Conducted Electrical Weapon to Electronic Control Weapon
(ECW). In 2011, PERF and the U.S. Department of Justices Office of Community
Oriented Policing Services released the 2011 Electronic Control Weapons Guidelines
publication6. The book serves as a guideline for all agencies regarding policy, training,
use, medical considerations, reporting and accountability, and public information and
community relations. The publication specifies the change in terminology from
Conducted Energy Device and other terms to Electronic Control Weapon.
From this point forward, the report will utilize the term Electronic Control Weapon
(ECW) unless quoting portions of the departments current policy.
ECW falls under the non-lethal weapons category according to MBPD policy. It is more accurate
to refer to the ECW in this category as less-lethal rather than non-lethal.
6 http://cops.usdoj.gov/Publications/e021111339-PERF-ECWGb.pdf
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Recommendation: The MBPD should refer to the ECW in all MBPD documents and
practices, including the Supervisors Report of Control of Persons, as Less-Lethal
force rather than the currently used term Non-Lethal.
The only approved ECW devices in the MBPD are the Taser X26 and Taser X2. The ECW can
only be used under the following circumstances:
The subject is not in the immediate control of the officer but poses a threat,
The officer perceives a threat to himself, other persons, property, or self-inflicted injury, and
An animal posing an immediate threat.
MPBD officers are prohibited from using the weapon when:
The subject is in an elevated position and could fall as a result of the use of ECW,
There are flammable materials nearby,
The subject is a pregnant female, a child under 13, or an elderly person,
The subject is in control of a motor vehicle, and
The subject is handcuffed.
Lastly, MBPD officers are prohibited from intentionally discharging the ECW at the eyes, groin,
or face of a subject, unless deadly force is authorized.
Recommendation: The MBPD should review and change General Order 13-03,
subsection 4 which states, The CEW can be utilized by deploying the probes or using the
drive stun. The policy should state Officers deploying the ECW are discouraged from
using the weapon in the drive stun mode as a pain compliance technique. The drive stun
mode should be used only to supplement the probe mode to complete the incapacitation
circuit, or as a countermeasure to gain separation between the officer and the subject so
that the officer can consider another force option.
Prior to deploying an ECW, officers are required to provide verbal warnings to the subject,
unless tactically unfeasible. Prior to deployment, officers are also required to announce Taser
to alert other officers nearby. Once the ECW is deployed, officers are to discontinue use once
compliance is achieved. Fire and rescue personnel are summoned to the scene in all cases
involving injury as a result of the deployment. Only specially trained department personnel or
medical personnel are authorized to remove the probes from the individual struck in the head,
throat, groin, or other sensitive area.
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Recommendation: The MBPD should add additional language to General Order 13-03,
subsection 4 which states that when deploying the ECW, use of the CEW shall be
discontinued once compliance is achieved. In order to provide further clarification to
this directive, it is recommended that language be inserted to the effect that Personnel
should use an ECW for one standard cycle (five seconds) and then evaluate the situation
to determine if subsequent cycles are necessary. Personnel should consider that exposure
to the ECW for longer than 15 seconds (whether due to multiple applications or
continuous cycling) may increase the risk of death or serious injury. Any subsequent
applications should be independently justifiable, and the risks should be weighed against
other force options.
Supervisors are required to respond to all ECW deployments and request the services of the
Crime Scene Section (CSS) to photograph the subject of the force. Current practices, however,
do not dictate that the ECW data must be downloaded after each use in order to gather
information about the discharge.
Recommendation: The MBPD should conduct random audits of ECW data in order to
reconcile existing use of force incidents with recorded activations. After each use of an
ECW, a download of weapon data should occur and a printout kept along with the use of
force investigation. General Order 13-03 Conducted Electrical Weapon (issued 4/25/13
and supersedes SOP-17-Use of Force), makes no mention of downloading data from each
assigned ECW (Taser), either randomly or following the use of the weapon. Such data
provides clear evidence to show whether an ECW was deployed and whether the
recommended five-second cycle was exceeded.
All ECW battery or cartridge exchanges, which occur at the departments Property and Evidence
Unit, must be accompanied by all reports, including the Supervisors Report of Control of
Persons, which documents the use of the ECW. This current practice provides an extra layer of
control and ensures that officers are not failing to report ECW discharges or malfunctions.
Recommendation: The MBPD should have supervisors conduct daily roll-call
inspections of all personnel in order to verify that all officers are carrying all required
less-lethal weapons currently available to them. It is imperative to ensure that each
officer assigned to street duty has both the Aerosol Deterrent Spray and the ECW
available as less-lethal tools for any encounter. This gives the officer several options
other than resorting to the use of a firearm
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In order to carry and deploy a ECW, officers must undergo training through a six hour course,
which includes classroom instruction, practical hands-on training that tests officers ability to fire
the ECW at a target, and scenario based situations. All officers who are authorized to carry the
ECW must retrain with the device annually. This training and yearly re-certification are in
keeping with progressive practice.
Applied Carotid Triangular Restraint
SOP 017 (Use of Force) includes the use of Applied Carotid Triangular Restraint, commonly
referred to as a choke-hold, as a type of physical control officers may resort to. The policy
stipulates, however, that prior to utilizing this technique, officers must attend an eight hour
training course which includes classroom and hands-on training. However, based on interviews
with members of the training staff, this technique is no longer taught and there are only three
members in the MBPD qualified to engage this tactic.
Recommendation: The MBPD no longer trains its officers to perform Applied Carotid
Triangular Restraint (ACTR), and does not recertify any officers; therefore the MBPD
should remove the ACTR from the use of force policy.
Use of Force Training
The sections below describe training for both firearms and the ECW.
Firearms training
MBPD officers are required to attend various training that covers use of force, at least annually.
The MBPD training unit is responsible for conducting the training as well as keeping track of all
sworn members who have received the training. Those who do not complete training are
typically relieved of performing street duty until they comply.
Currently, MBPD officers must re-qualify with all firearms a minimum of once a year. Records
are kept by the agencys firearms training unit which keeps track of all qualifications in the
department. Should a member not appear for training for any reason, a notification is sent
through the chain of command to the officers supervisor to ensure compliance with policy. Only
members in a non-full duty status or those absent for military deployments are excused from the
requirement to re-qualify. However, upon return to duty, each member must report for firearm
re-qualification.
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In addition to range qualification, the MBPD uses a training simulator that can provide scenario
based driving, firearms, and less-lethal weapons training.
MBPD policies stipulate that any officer who fails to demonstrate proficiency while attending
firearms training is offered a second chance immediately. If an officer fails during the remedial
training, he/she is offered a third attempt. If after the third attempt the officer still fails to
demonstrate proficiency, the officers immediate supervisor is notified and the officer is
temporarily assigned to a position that does not require the carrying of a firearm. At this stage,
the officer is scheduled for a 40-hour block of firearm instruction, and if the member fails this as
well, policy dictates that the officer is transferred to a non-sworn classification or recommended
for dismissal.
Recommendation: The MBPD should mandate a second yearly firearm qualification
course that is scenario based and tactically oriented. Scenario-based training will be
well received by officers and is critical to ensuring the department is reviewing the use of
force policy and preparing its officers for critical incidents including active shooter
situations, potential cross-fire situations, and use of concealment and cover.
Tactics
The Miami Beach Police Department has switched from utilizing a use of force matrix, or
continuum, to using a system of objective reasonableness, in which officers are required to gauge
the level of a subjects resistance, and respond with the appropriate level of force based on
totality of circumstances. This change is keeping with progressive practices and U.S. Supreme
Court case Graham v. Connor (490 U.S. 386), which determined that an objective
reasonableness standard should apply to law enforcement officers in use of force situations.
Some factors officers must consider while making use of force decisions are:
Seriousness of the crime committed
Size, age and weight of the subject
Apparent physical ability
Weapons present
Known history of violent behavior
Medical condition, including mental state
Number of subjects present
Additionally, officers must assess situational factors, such as:
Size, ability, and defensive tactics expertise of the officer
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Number of officers present during the encounter
Presence of innocent persons
Weapons or other restraint (less lethal) devices available to the officer
Whether the subject can be captured at a later time
Finally, officers must also assess legal requirements and department policies when deciding what
type, if any, force will be used to effect an arrest or protect bystanders.
MBPD policies and training dictate that officer response options fall into the following main
categories:
1. Physical control (non-deadly force) using empty hand controls to achieve compliance. 2. Non-lethal weapons (non-deadly force) utilizing weapons such as expandable batons,
stun guns, flashlights, chemical sprays, and the use of department K-9.
3. Deadly Force application of force that is likely to cause death or great bodily harm.
Reporting and Review Process
There are two processes for handling use of force investigations: incidents involving deadly
force and those involving what MBPD currently calls non-deadly force.
Non-Deadly Force
The current process for handling use of force reviews and investigations for incidents involving
non-deadly force is as follows: An officer in the field uses force against an individual.
Departmental regulations require that the officer immediately notify a supervisor. Once the
supervisor arrives on the scene, he/she is required to interview the involved officer(s), ensure that
all witnesses, including witness officers, are accounted for and interviewed, and to ensure that
Crime Scene units respond to the incident location to take photographs and recover any
evidence. The supervisor is also required to interview the subject of the force, and fill out a
Supervisors Report of Control of Persons form. However, there is no requirement that the
Control of Persons form be filled out unless the use of force resulted in an injury to the subject,
or was likely to cause injury to the subject or cause a subject to complain of an injury. If there is
no injury no supervisory report is required.
Under current policies, supervisors are required to report use of force incidents by completing
the Supervisors Report of Control of Persons when one of the following occurs:
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1. Whenever any degree of force is utilized which results in injury to the subject, is likely to cause an injury to the subject, or if there is a complaint of injury made by the subject.
2. Whenever a firearm is discharged in the City of Miami Beach, except in training situations or when an unintentional discharge occurs, and there are no injuries involved.
3. Whenever an Electronic Control Weapon (ECW) or Aerosol Deterrent Spray (ADS) is used, except in training situations or unintentional discharges not involving injuries.
4. In cases where an impact weapon is used as a striking instrument, not including training situations.
5. Whenever an Applied Carotid Triangular Restraint (choke hold) is utilized.
6. In all cases involving an actual or perceived injury resulting from a police canine apprehension.
7
When supervisors are required to fill out the Control of Persons form, it must be completed prior
to the expiration of their shift. In order to track the