LTC 303-2013 Miami Beach Police Department - Clarification on Miami Herald article MIAMI BEACH
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OFFICE OF THE CITY MANAGER
NO. LTC # 303 - 0 101 3 LETTER TO COMMNIS990N)
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TO: Mayor Matti Herrera Bower and Me bers of the ty Commission`
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FROM: Jimmy L. Morales, City Manager
DATE: August 29, 2013
SUBJECT: Miami Beach Police Department — Clarification on Miami Herald article
The purpose of this Letter to Commission (LTC) is to clarify assertions made by the Miami
Herald reporter in the article "A harsh spotlight, once again, on Miami Beach P.D." (posted
August 24, 2013) regarding the Miami Beach Police Department's written policies, as well as the
requirements for Police Officers to carry a department- issued Taser.
Department's Written Policies and Procedures
In the article, the author states, "Internal police records — use of force policies, internal affairs
files and department -wide statistics — suggest that the agency's troubles arise from its written
policies and its disciplinary procedures. "
As you know, on March 23, 2013, the Commission on Accreditation for Law Enforcement
Agencies (CALEA) approved the Miami Beach Police Department for re- accreditation with the
prestigious recognition of Accreditation with Excellence. With this enhanced award, the
Miami Beach Police Department is again a member of an elite group comprised of fewer
than ten (10) percent of all accredited agencies nationwide.
CALEA requires agencies to develop and adhere to a comprehensive, well thought out, uniform
set of policies or written directives. As part of the Re- Accreditation and Accreditation with
Excellence process, the department was required to present documented proof of the agency's
dedication and adherence to Agency policy, as well as its commitment to the community.
The department's policies are not developed in a vacuum. Research and benchmarking of the
policies of other successful agencies is part and parcel of the process. Although the reporter
compares the department's use of force policy to those of New York, Los Angeles and Chicago,
the Miami Beach Police Department's policies are much stricter than depicted, and include limits
on the number of, tasings and conditions when the device shall not be used.
The reporter cites internal affairs cases from 2005, 2007 and 2008 to substantiate his point with
respect to disciplinary policy. Much has changed in .the Miami Beach Police Department since
2012 when Chief Martinez was appointed. As one of the first steps upon appointment, Chief
Martinez and Deputy Chief Overton undertook a complete overhaul of the Internal Affairs Unit
and the process by which cases are investigated.
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As a measure to increase accountability and impartiality, Internal Affairs investigators now serve
as fact finders only; they no longer provide a conclusion as to the findings of each case. The
facts of each case are now presented to a panel, comprised of the Deputy Chief and three
Majors, who ultimately conclude on the findings of the case, and determine any disciplinary
action as necessary. This process mirrors how many other agencies conduct their internal
affairs investigation, including Miami -Dade Police Department. Moreover, looking to augment
expertise in conducting investigations and internal affairs operations, the Chief hired two outside
candidates to serve as the unit's Commander and Deputy Commander.
Training Requirements for Carrying a Department- Issued Taser
"In Miami Beach, any police officer who goes through an eight -hour training session is allowed
to carry a department- issued taser, " wrote the author in his article.
The Miami Beach Police Department (MBPD) provides officers with state of the art equipment
and training to optimize their safety, as well. as the safety and security of the citizens they
protect. As such, the MBPD provides personnel with numerous tools to maximize the force
options available to individual officers engaged in a critical incident. These tools include
defensive tactics training, empty hand control, ground fighting, and intermediate weapons, such
as aerosol deterrent spray (ADS), expandable batons and conducted electrical weapons
(CEW). Every MBPD Officer who is certified to carry a CEW receives a minimum of 8 hours of
additional training in advanced tactics and equipment specific to the Taser -brand CEW the
agency issues.
The Miami Beach Police Department requires a comprehensive eight (8) hour training course to
certify Police Officers to carry a department- issued CEW (Taser). This 8 hour training course
exceeds the manufacturer's recommended minimum of 6 hours of training, and consists of the
following:
• Classroom Time — Instructors review how the device works, training material provided by
the manufacturer (Taser International), and review the department's use of force policy
specific to the deployment of the CEW (Taser).
• Written Test — Police Officers must take and pass a written test, which confirms
understanding of the material covered, in the classroom setting.
• Practical deployment exercises — Discretionary firing drills the applicable CEW, with a
minimum of two cartridges being fired during the training class.
• Failure drills — Police Officers practice replacing malfunctioning cartridges and other
potential device failures through different drills.
• Scenario -based training — A training officer wears a Taser suit, which allows the Police
Officers to deploy their training cartridge on the role player during the different scenarios.
• Exposure — The MBPD requires that all Police Officers carrying a department- issued
CEW be subjected to a five second exposure. This exposure provides the Taser user
first -hand experience as to the physiological, psychological and metabolic effects of the
neuro- muscular incapacitation (NMI) that is achieved through the use of the Taser
CEW.
Taser Recertification is required annually by state law, accreditation standards and
manufacturer's recommendations. The MBPD complies with this responsibility during Annual
Mandatory Retraining (AMR), where all Taser users receive mandatory recertification training
and all non -Taser Users receive a Taser CEW Familiarization. As part of AMR, all sworn
personnel — whether they carry a Taser or not — are required to sit through classroom time to go
over any changes in the use of force policy, as well as any changes or updates to Taser's
training. In addition, there is an overview on the functionality of the Tasers issued by the
department. This allows all Miami Beach Police Officers to be familiarized with the equipment,
how it works and how it should be used. Additionally, during this time period, officers undergo
refresher training on the use of other.weapons, such as pepper spray or baton.
Additionally, in 2012, Chief Martinez sent the Training Unit Supervisor to a forty (40) hour Taser
Master Instructor Training Course in Charlotte, North Carolina. This course encompassed
numerous facets related to delivering Taser Training and the managing of the Taser Training
Program by individual agencies. This advanced level of Master Instructor Training allows the
Training Unit Supervisor to conduct training for instructors as well as new Taser Users.
"Compared to Miami Beach, other police departments are more restrictive when it comes to stun
guns. In New York City, for example, only patrol supervisors and emergency services officers,
who are trained in advanced tactics and equipment, are allowed to carry Tasers," the article
asserts.
In 2007, the New York Police Department (NYPD) commissioned a study to evaluate the
department's Firearm Training and Firearm Discharge Review Process. Conducted by the
RAND Center on Quality Policing, the study recommended that the NYPD initiate a pilot
program where Tasers and aerosol deterrent spray would be issued to all patrol officers in
certain precincts.
The NYPD has approximately 34,500 sworn personnel as compared to MBPD's 381 sworn
officers. Both MBPD and NYPD require that sworn personnel receive advanced tactics and
equipment training in order to issue them a Taser. The fact that NYPD limits its deployment of
Tasers to supervisors is likely due to the sheer size of the force, and not to a higher threshold
for training or expertise.
We also took a look at local police departments to compare our policies and deployment of
tasers. Attached please find a memorandum from Deputy Chief Overton. As you can see, our
taser polices are in congruence with all of the major agencies in Miami -Dade County, including
with respect to the issuance of tasers to certified officers. We do not have laxer standards, as
the article implies.
Other MBPD Changes since 2012
The Miami Beach Police Department has instituted changes in various areas. The work is on-
going, but following is a list of additional changes that have taken place within the department:
Accountability Measures
• Increased responsibility to manage the day to day operations within Areas now falls
upon the Area Captains. Area Captains are responsible for managing resources and
personnel within their areas to address crime trends and community needs.
• Supervisor- Employee contacts are required during every shift.
• Managing calls for service now falls on the Shift Commander. All calls holding over
twenty (20) minutes are reported weekly to the Deputy Chief, and are brought to the
attention of the Shift Commander. The Shift Commander is required to explain, in
writing, why these calls held. As a result, this process has enhanced response time by
reducing the wait time for calls for service.
• Installation of Automatic Vehicle Locators (AVLs) on all patrol vehicles.
Enforcement Measures
• Greater focus on quality of life issues, such as loitering, illegal vendors, graffiti, etc.
• Increased DUI checkpoints and saturations
• Greater commitment to Crime Prevention Through Environmental Design (CPTED),
such as the installation of additional lighting and fence in Normandy Shores in
coordination with the Public Works Department
• Details using mobile license plate readers to deter potential criminal activity.
• Creation of a Special Operation Unit, which serves as a crime suppression team
addressing vice crimes and other robbery - related crimes.
Professional Development
• Hosting the International Association of Chiefs of Police (IACP) for their Leadership in
Police Organizations (LPO) Training for the South Florida Region. This three -week
course is focused on the systematic development of leaders at all levels of the
organization — the concept of "every officer a leader." The LPO course coaches
participants on how to lead groups, organizations, and efforts toward change. In order to
develop leaders, law enforcement executives must create a culture in their organizations
that is supportive of dispersed leadership. This means establishing expectations that all
officers will take leadership initiatives at their levels of responsibility.
• Provided training for officers in verbal judo and crisis intervention for our officers to
enhance their ability to deescalate situations without having to use force.
• MBPD is partnering with IACP and the Department of State for International Police
Education Training (IPET) program, where one (1) member of the MBPD is assigned to
a team of fellows to assist law enforcement agencies in Mexico and Haiti develop
programs related to LGBT and homeless communities.
Community Involvement
• Juvenile Arrest and Monitoring (JAM) Program implemented in North Beach. This
program serves to monitor any juvenile that has been arrested in Miami -Dade County
and lives in North Beach to ensure compliance with the conditions of their probation or
house arrest. Through this monitoring, officers strive to create a positive impact on
these juveniles, in an effort to decrease the recidivism rate of juvenile offenders.
• Walking Beats in the business corridors (Washington Avenue, 41s' Street and 71
Street) to further engage business owners and address quality of life issues.
• Public information campaigns and increased use of social media, such as the ParkSmart
campaign in conjunction with the Parking Department to curb automobile break -ins.
• New program with Community Services Division in progress — Students from Beach
High, Feinberg Fisher K -8 Center and Nautilus Middle School who must serve
suspension days will serve their suspension at the Miami Beach Police Department
Community Room with a certified teacher. They will be required to complete any school
course work assigned for the day(s), as well as complete a resort of justice session,
where they discuss how they will make amends to the people they hurt through the
crime committed.
We can, of course, strive to do better and to forge stronger ties to the community that the MBPD
serves. I will not hesitate to utilize resources and expertise both within and outside of the
Department to achieve excellence. You have my commitment that the Miami Beach Police
Department and the hard working men and women who serve this community will continue to
serve with commitment and pride, and strive to regain the public trust one contact at a time.
If you have any questions, please feel free to contact me.
JLM /RAM /MNO /DM
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MIAMIBEACH
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SUPPORT SERVICES DIVISION
TO: Deputy Chief Mark Overton
VIA: Chain of Command
FROM: Sergeant Daniel Morgalo f
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DATE: August 29, 2013
SUBJECT: Taser Training Inquiry i
As per your request, Training Unit Officers made contact with their counterparts in our
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neighboring agencies. The outside agency contacts provided information regarding
Taser issuance policies as well as, training and retraining requirements. The first
section consists of the Miami Beach Police Department's current Taser issuance
policies and training hour requirements. The following is a result of the inquiry:
Miami Beach Police Department: Sgt. Daniel Morgalo (Taser Master Instructor)
• Initial Taser Training is an 8 hour class
j • Annual Taser recertification training is a 1 hour class
Taser training is mandatory for all newly hired officers.
• Taser training is voluntary for all veteran officers who were hired before 2012
• Approximately 75% of all sworn officers are Taser Certified.
• All sworn personnel receive a minimum of 1 hour of Taser Familiarization
Training on an annual basis during AMR Training.
Miami Dade Police: Officer Mark Havlin (Taser Instructor MDPD):
• Initial Taser training is an 8 hour class
• Annual Taser refresher training is 4 hour class
• A Taser CEW is issued to all certified officers
Coral Gables Police: Ofc. Billy Barrow
• Initial Taser training is an 8 hour class
• Annual Taser refresher training is 2 hour
• A Taser CEW is issued to all officers except Marine Patrol due to unit getting wet.
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Miami Gardens Police: Sgt. Gerald Machurick (Taser Master Instructor)
• Initial Taser training is an 8 hour class
• Annual Taser refresher training is 1 hour once a year.
• Optional to carry and issue.
• Majority of Patrol including supervisors carry it
City of Miami Police Department: Ofc. Mike Fresco
• Initial Taser training is an 8 hour class
• Annual Taser refresher training is 1 hour once a year
• Officers have the option of carrying but must carry 2 less than lethal force options
Hialeah Police Officer Melcore
• Initial Taser training is an 8 hour class
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• Annual Taser refresher training is 2 hours, once a year
• Everyone MUST carry it unless they have a medical condition (Bad back,
pregnancy, etc.)
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Conclusion The MBPD Taser Training Program is in congruence with all of the major
agencies in Miami Dade County in both issuance of CEW's and hours of
initial /recertification training. It exceeds the manufacturer's recommendations of a
minimum of 6 hours of training. If you have any questions or require additional
clarification, please advise.
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Resp ully Submitted,
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Sgt. Daniel Mor o
Taser Master Instructor
Training Unit Supervisor /Firearms Rangemaster
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