11a. Presentation - Port Policing Assessment Progress Report
Item No. 11a_supp Meeting Date: April 27, 2020 Commission Task Force on Policing and Civil Rights Progress Update April 27, 2021 1 BACKGROUND 2 Areas for Assessment 1. Diversity in Recruitment and Hiring Subcommittees 2. Training and Development currently meeting 3. Equity 4. Use of Force 5. Oversight and Accountability Subcommittee work completed 6. Police Union Participation 7. Mutual Aid 8. Advocacy Subcommittees will 9. Budget, Roles, and Equipment be convened next month 3 Engagement Activities Outreach to Community Groups POSPD Survey / Engagement Shilshole Bay Marina residents and Dock Captains 111 surveys received out of Duwamish Valley Stakeholders approximately 151 employees Harbor Island Stakeholders Drayage Truck Companies and Drivers Remote listening sessions for officers, sergeants, Aviation Community Stakeholders commanders, and non- Airport Customer Service/Pathfinders commissioned employees. Homelessness advocates/service providers City of Sea-Tac government 4 Identified Processes That Support Equity Goals De-escalation Procedural Justice Recognition of the sanctity of human life Accountability system that provides checks and balances Acknowledge value of continuous improvement 5 Policing Assessment Current Insights 6 Use of Force Insights Subcommittee focused on high-level values as well as technical changes to the policies and practices: Having the Mission and Vision Statements in the policy manual more clearly express: Commitment to the sanctity of human life Department's values of equity and fairness Commitment to de-escalation and achieving the best possible outcome for all involved. Reviewed technical changes to strengthen the new de-escalation policy: Clarifying the policy on providing medical treatment Updating the reporting and review requirements Use of Force incidents average approximately 30 per year (32 incidents in 2020) : Suspect Race 2017 2018 2019 2020 White 51% 52% 60% 31% Black 44% 42% 30% 28% Other 5% 6% 10% 3% Unknown 0% 0% 0% 38%* *12 incidents in 2020 were in a crowd control context in which the identities of the individuals were not available 7 Oversight, Accountability, Equity & Civil Rights Insights Technical changes can be made to improve transparency and accountability for external complainants Need for clarification of protocols between POSPD, HR and Workplace Responsibility for EEO concerns Differing viewpoints regarding the proper balance between the Port-wide consistency provided by mandatory HR review of written reprimands and higher level of discipline, vs. the supervising Sergeant's authority to document performance issues Police Civil Service Commission is authorized to review a suspension of 5 or more days, demotions, and discharges, but only 1 appeal to PCSC in 12 years; instead, discipline appeals pursued through CBA grievance process. 8 Mutual Aid Insights Subcommittee focused on updating interlocal agreements to ensure consistent approaches to use of force, crowd management, and values Need for the POSPD to formalize its processes for ensuring that decisions to engage in mutual aid meets the POSPD and Port of Seattle values Explored the role of POSPD in after-action review for all mutual aid engagements to inform policy and training Noted that the POSPD does not have its own Crowd Management policy for events outside the mutual aid context 9 Diversity & Hiring Reviewing POSPD recruitment and hiring processes, commissioned staff demographic data, utilization and availability data, demographic data on the hiring process, and ways to consider and increase diversity Of hires 2018 - 2020, 20% were entry level and 80% were lateral (total of 28 lateral hires) Issues to consider 25% of POSPD employees do not identify race/ethnicity unless mandatory (backgrounding) Gender identification options across the Port are binary Need to address the training budget if training recommendations are adopted Need to balance advantages of lateral hires with potential unintended consequences CURRENT DEMOGRAPHICS FOR Command, includes Sergeants (80% Male) Patrol Officers (90% Male) POSPD COMMISSIONED STAFF Two or More Two or more races Did not races, 6% Native Did not identify, 4% identify American, 1% 24% 9% Black Hispanci/Latino, 8% Native 1% Asian Hawaiian/Pacific 8% Islander, 2% White Black, 3% 71% White, 58% Asian, 5% 10 Training & Development To-date, has reviewed POSPD five-year training plan Anti-bias training curriculum Patrol Officer Training program Promotional processes Noted that the POSPD's Patrol Officer Training program focuses on problembased learning rather than just teaching competencies Concern expressed that POSPD only has on-line anti-bias training and does not have any training around "History of Policing" Subcommittee will also look at by communications protocols, both external and within the organization. 11 2021 State Legislative Session Utilized the Task Force and "kitchen cabinet" of Port and external advisors to evaluate state legislation Focused on sharing insights with Legislature related to the Port's core policing principles and any areas aligned with subcommittee recommendations Key legislative changes: Restricting the use of tear gas, choke holds, neck restraints and banning no-knock warrants. Ensuring that police department arbitration procedures are not used to shield officers from accountability if they violate department guidelines. Authorizing the state auditor's office to review whether deadly force investigations followed procedures. Requiring reasonable care when officers use force, including using de-escalation techniques. Mandating the collection of data on police uses of force so the state can better understand how and when officers do so. 12 Questions? 13 APPENDIX 14 Commission Motion 2020-15 Adopted on July 14, 2020 Three directives: 1. Endorsed immediate steps taken by Executive Director to reform Port police policies and practices such as an immediate ban on chokeholds and ensuring officers receive regular de-escalation training, bystander intervention and anti-discrimination training 2. Directed a comprehensive assessment of the Port of Seattle Police Department to ensure alignment with the highest national standards and best practices related to policing 3. Established a Commission Task Force on Port Policing and Civil Rights to lead the assessment and develop recommendations for action 15 Key Dates By October 31, 2020 First Task Force Progress Report and recommendations for immediate actions Ongoing As recommendations are developed, the Task Force Co-Chairs shall submit a report to the Commission and Executive Director By July 31, 2021 Deliver Final Recommendations to Commission The Task Force shall collect and review existing research, data, and best practices from similar assessments and reports completed throughout the country, as well as remain coordinated with current local and state efforts in order to maximize efficiency and alignment. The Task Force shall establish key metrics for evaluation of success for this process, and metrics for measurement of progress toward any resulting recommendations. 16 Task Force Leadership Task Force Co-Chairs Bookda Gheisar, Senior Director of Equity, Diversity and Inclusion Delmas Whittaker, Senior Manager of Fishing Vessel Services; President of the Port's chapter of Blacks in Government (BIG) Task Force Commissioners: Commissioner Peter Steinbrueck Commissioner Ryan Calkins 17 Task Force Members 1. Marin Burnett Port of Seattle, Strategic Initiatives, Strategic Planning Manager 2. Milton Ellis Port of Seattle, Labor Relations, Labor Relations Manager 3. Sean Gillebo Port of Seattle Police Department, Commander 4. Monisha Harrell Equal Rights Washington, Chair 5. John Hayes Seattle Police Department, Captain 6. Jesse Johnson Washington State Representative 7. Deborah Jacobs Consultant, Police Accountability 8. Anne Levinson Retired Judge, Deputy Mayor, and police accountability Oversight Auditor 9. Sofia Mayo Port of Seattle, Central Procurement Office, Senior Manager Service Agreements 10. Sam Pailca Microsoft, Associate General Counsel, Office of Legal Compliance; Board Member of ACLU Washington 11. Eric Schinfeld Port of Seattle, External Affairs, Senior Manager, Federal and International Government Relations 12. Ericka Singh Port of Seattle Human Resources, Talent Acquisition Manager 13. Jessica Sullivan REI, Corporate Security and Emergency Manager; retired Captain, King County Sheriff's Office 14. Veronica Valdez Port of Seattle, Commission Office, Commission Specialist 15. Michelle Woodrow Teamsters, Local 117, President and Executive Director 16. Shaunie Wheeler Teamsters, Local 117, Political & Legislative Director Joint Council of Teamsters No. 28 18 Consultant 21CP Solutions Selected through a rigorous RFP process, 21CP was formed by members of President Obama's Task Force on 21st Century Policing 21CP Solutions "helps cities and communities effectively tackle the challenges of delivering safe, effective, just, and constitutional public safety services in the 21st Century." Role of consultant: Conduct analysis of police department policies, practices and programs Facilitate subcommittee meetings Prepare reports, minutes and recommendations 19 Task Force Structure Task Force Leadership Co-Chairs and Commissioners Steinbrueck/Calkins Task Force Staff Marin Burnett Task Force Eric Schinfeld Veronica Valdez Subcommittee Chairs: Subcommittee Chairs: Subcommittee Chairs: Subcommittee Chairs: Subcommittee Chair: Oversight, Subcommittee Chairs: Subcommittee Chair: Diversity in Recruitment Training & Use-of-Force Budget, Roles and Accountability, Racial Mutual Aid Advocacy and Hiring Development Equipment Equity and Civil Rights Subcom mittee Subcommittee D: Subcommittee E: Subcommittee A: Subcommittee B: Subcommittee C: Oversight, Subcommittee: F Subcommittee G: Budget, Roles an Diversity in Recruiting Training & Development Use-of-Force Accountability, Racial Mutual Aid Advocacy Equipment Equity and Civil Rights Each member of the Task Force (excluding Commissioners, Co-Chairs and staffers) will lead a subcommittee 20 Phase 1 Phase 2 Phase 3 UPDATED (12.9.20) Policing Motion Subcommittees C,D,E,G Subcommittees A,B Subcommittees F,H 18 weeks 9 weeks 6 weeks Subcommittee Meeting structure 7-9 meets 3-5 meets 3-5 meets Sept-Jan Feb-Apr Apr-May Phase 2 recommendations to Commission Apr 27 Phase 1 Recommendations Phase 3 Recommendations Task Force mtg Task Force mtg Task Force mtg Task Force mtg Task Force mtg Task Force mtg Task Force mtg Task Force mtg Task Force mtg Task Force mtg CDF CDF CDF CDF CDF CDF CDF CDF CDF AB AB AB AB EG EG EG EG FINAL RECS due to Commission Task Force mtg Sep Oct Nov Dec 2021 Feb Mar Apr May Jun Jul Aug Tod ay SubCom C - Use -of-Force Sep 8 - Jan 29 SubCom D - Ov ersight, Accountability & Civil Rights Sep 8 - Jan 29 SubCom F - Mu tual Aid Sep 8 - Jan 29 SubCom A - Div & Hiring Feb 8 - Apr 2 SubCom B - Training & Dev Feb 8 - Apr 2 SubCom E - Budget, Roles & Equip Apr 19 - May 31 SubCom G - Advocacy Apr 19 - May 31 Note: Due to anticipated variances in the complexity of certain issues, subcommittees have varying numbers of meetings. All timelines/dates are tentative. Subcommittees are activated at their allotted start time but may be disbanded before or after the estimated dates depending on necessity. Use of Force Review 21CP requested and received all 90+ uses of force from 2018-2020 and has reviewed 50% of those cases in depth. POSPD engages in de-escalation most of the time by communicating, calling additional resources, coordinating with medical services, and slowing the approach to suspects. All but one case followed POSPD policy; most were reasonable, necessary, and proportional. Four of the five cases that reviewers flagged as potentially not reasonable, necessary, and proportional were Lateral Vascular Neck Restraint applications that while compliant with the previous policy, were not properly considered under a deadly force standard. The elimination of this technique by the Resolution resolves this issue. Over 50% of the uses of force were in the context of trespassing people from the terminal. Almost 50% of the subjects of force were identified as a person in crisis; over 10% involved people who were later involuntarily committed. POSPD reviews all uses of force through the Chief level, but reviewers noted that formalizing this process would help ensure consistency of review. PLACEHOLDER FOR RACIAL DISPARITY DATA 22
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