HomeMy WebLinkAboutStaff Report 234-07TO:
City
HONORABLECITY~COUNCIE
City of Palo AlqManager’s Repor! 9
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
MAY 7, 2007 CMR:234:07
FINAL APPROVAL OF EXPENDITURE OF CITIZENS OPTIONS FOR
PUBLIC SAFETY (COPS) FUNDS IN THE AMOUNT OF $149,000 FOR
PURCHASE OF ELECTRO-MUSCULAR DISRUPTION DEVICES
(TASERS), SUPPLIES, AND TRAINING IN ACCORDANCE WITH THE
TASER TASK FORCE (TTF) RECOMMENDATION
RECOMMENDATIONS
Staff recommends the City Council approve the expenditure of Citizens Options for Public Safety
(COPS) funds in the amount of $149,000 for the purchase of electronic control devices, supplies and
training in accordance with the Taser Task Force’s (TTF) study.
BACKGROUND
On December 4, 2006, City Council approved the establishment of a citizen’s Taser Task Force (TTF)
and directed that it provide the Council with a recommendation on whether or not to allow the use of
tasers by the Palo Alto Police Department. The Council directed the City Manager to develop, with the
Police Chief, a taser use policy, which would be considered by the Task Force in making its
recommendation. On December 18, 2006, (CMR:449:06) City Council approved acceptance of Citiz¢,=
Options for Public Safety (COPS) funds in the amount of $120,000 for the purchase oftasers subject to
final Council approval following the TTF study and recommendation. At that time, Council directed
staff to provide detailed costs associated with the tasers and training should the TTF recommend
approval..
DISCUSSION
After six meetings during which the TTF reviewed numerous studies, articles, received input from the
public, heard presentations, reviewed the draft policy, and discussed the issue, the TTF concluded
assignment. On April 10, 2007, the TTF recommended with a vote of 7 to 2, that tasers be purchasec
and deployed by the Palo Alto Police Department.
Policx
CMR:234:07 Page 1 of 4
Attached is the draft policy (Attachment A) that staffprepared and revised based upon input from the
TTF, It is important to note several things about the policy.
1)
2)
3)
4)
5)
The policy delineates nine conditions under which, absent exigent circumstances, officers would
not be allowed to use tasers.
Officers would be prohibited from activating a taser for more than 3, five second cycles on any
individual.
The audio/video function on the tasers would be required to be activated even when officersju~i:
draw the weapon from their holsters.
After a subject has been subjected to the electronic discharge, paramedics will respond.
Additionally, the subjects will be transported to Stanford Hospital or Valley Medical Center fo~
a medical clearance.
Detailed incident reports will be required after even the drawing of a taser. Staffwill provide
quarterly reports to the City Council with information including the race, age, and gender of the
subjects. Should the Council decide to continue the Police Auditor program, staff would
provide these reports to the Auditor for review as well.
Training and Equipment
Staffproposes to purchase 100 Taser X-26’s equipped with the Taser-cam system that would be issued
to all officers and reserve officers. The Taser-cam is a digital audio/visual recording device which is
affixed to the Taser X-26 and allows for greater accountability as it records the activation of the device.
Data from the Taser-cam will be downloaded to a secure computer system which will store
deployments and activations.
Basic taser training for officers, agents and sergeants will consist of 17 hours of instruction, which
include nomenclature, demonstration, in-custody death issues, Department policy, and practical and
reality based application. As part of the training, staff will receive updated instruction on crisis
intervention techniques and strategies. The course will culminate in written and practical testing. Once
sworn employees have successfully completed the initial 17-hour training course, they will be
authorized to carry the Taser X-26. It should be noted that no other agency in the area provides this
amount of initial training prior to deploying tasers.
All employees will be required to attend and successfully complete a four-hour training block on an
annual basis in order to continue to carry the Taser X-26.
RESOURCE IMPACT
The Council previously approved in concept the expenditure of $120,963 of COPS funds. These funds
have been received by the City and deposited into the City’s Supplemental Law Enforcement Servi~:~
Fund (SLESF). Revenues and expenses of $120,963 were budgeted in the City’s SLESF as part of the
CMR:234:07 Page 2 of 4
mid-year report. Staff has determined that in order to purchase the number oftasers with the Taser-cam,
an additional $27,037 will be needed. There is a balance of previously allocated COPS funds from prior
years that were earmarked for enhanced training exercises. The interest eamed fi:om those SLESF funds
will supplement the additional costs. No General Fund monies would be used for the purchase of the
tasers and the initial training. Attachment B provides a detailed breakdown of the costs.
Taser training will be included in one of the Department’s Continued Professional Training (CPT)
sessions that are required by the State Commission on Police Officers Standards and Training (POST).
Overtime is not used for CPT training as the officers are required to use the training bank hours to
attend.
POLICY IMPLICATIONS
Adoption of the Taser Task Force recommendation constitutes Council policy direction.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to CEQA requirements.
ATTACHMENTS
Attachment A: Draft policy
Attachment B: Detailed costs
PREPARED BY:
DENNIS BURNS
Police Captain
CMR:234:07 Page 3 of 4
DEPARTMENT HEAD:
L SON
Police Chief
CITY MANAGER APPROVAL:
EM~-’~HAt~-~-ON
Assistant City Manager
CMR:234:07 Page 4 of 4
ATTACHMENT A
Palo Alto Police Department
Policy 308.A
Electronic Control Device
308.A1 PURPOSE AND SCOPE
This policy recognizes that the use of force by law el
evaluation. Even at its lowest level, the use of force is
purpose of this policy is to provide officers of
reasonable use of force. While there is no way
reasonable force to be applied in any situatior
guidelines to make such decisions in a
308.All PHILOSOPHY
The use of force by law enforcement personnel is~
public and law enforcement community.
numerous and varied human encounters and, when
requires constant
)onsibility. The
uidelines on the
imount or type of
the
a daily basis in
use force in
escape, or to overcome resistance. A peace officer who makes or attempts to make an
arrest, need not retreat or desist from his/her efforts by reason of resistance or
threatened resistance of the person being arrested; nor shall such officer be deemed the
aggressor or lose his/her right to self-defense by the use of reasonable force to affect
the arrest or to prevent escape or to overcome resistance (California Penal Code
Section 835(a)).
Draft 4/23/2007 1
308.A22 FACTORS USED TO DETERMINE
When determining whether or not to apply any level of force and evaluating whether an
officer has used reasonable force, a number of factors should be taken into
consideration. These factors may include, but are not limited to:
a)The conduct of the individual being confronted
officer at the time);
b)Officer/subject factors (age, size, relative
and number of officers vs. subjects);
c)Influence of drugs/alcohol (mental capa(
d)Proximity of weapons;
e)Time and circumstances permitting,
resources are reasonably available to
f)Seriousness of the suspected offense or rea
g)Training and experience of the officer;
h)Potential for injury to citizens, officers and
i)Risk of escape;
j)Other exigent circumstance.
y perceived by the
decisions and that the
circumstances
It is recognized that officers are
amount of an officer’s time available to
may impact his/her decision.
While various degrees of force ~i~ach use only that degree of
force reasonable under the circ~’{~ces to s )lish the legitimate law
enforcement purpose in accord with this
308.A3 ELECTRONI ~OL DEVICE (ECD)DESCRIPTION
The TASER only for use by Palo Alto Police Department.
Palo Alto TASER X26 in accordance with this
policy.)on that uses nitrogen to shoot two
prob~an electrical current to the resisting
indi,be used~by directly contacting the skin (direct stun).
weapon used to temporarily incapacitate violent or
an electric current, via the probes or direct
disruption (EMD).
The De
between
involved. To acc9~
Although desig
that any less-lethal
reducing the potential for violent confrontations
well as reducing the risk of serious injury to all
Department authorizes the use of less-lethal tools.
risk to officers and suspects, the Department recognizes
the potential to cause serious injury or death.
308.A31 PROCEDURE
Only qualified and sworn personnel who have successfully completed the Palo Alto
Police Department ECD Training Program and the Department’s Crisis Intervention
Training (CIT) shall be authorized to carry the TASER X26. The use of the TASER X26
shall be subject to this policy and the Palo Alto Police Department Policy 309 pertaining
to the Use of Force Reporting.
Draft 4/23/2007 2
308.A4 BASIC AND CONTINUED PROFESSIONAL TRAINING
All sworn Palo Alto Police Department employees must successfully complete a 16-hour
training program prior to being issued a TASER ×26. All sworn employees will attend,
and successfully complete, an annual training course prior to continuing to carry and
deploy the TASER X26.
All basic and continued training will be developed by the
training curriculum will include all contemporary training
studies, manufacturer’s updates, in-custody death
techniques, and reality-based scenario training.
Tactics Team. The
al updates, case
¯ " intervention
308.A5 TASER USAGE
Absent exigent circumstances,1 the TASER
who are actively resisting2 or exhibiting active a
harming themselves or others. Generally, a
justification for use of an ECD. Severity of the
be considered before officers’ use of an ECD on a
used on subjects who are passively resisting.
actions that do not prevent an officer’s
person who remains limp, in a prone pos
just not complying with verbal command=
Additionally, absent the exigent
the TASER X26 on:
sole
ircumstances should
will not be
as physical
example, a
or who are
should not use
physical harm to civilians a~or ~fficers or in order to overcome active aggression from subjects whom the
officer reasonably believes is an immediate, credible and articulate threat to their safety or the safety of
others.2 Physically evasive movements to defeat an officer’s attempt to control, including bracing, tensing,
pushing, verbally threatening, or signaling an intention to avoid or prevent being taken into or retained into
custody.3 A threat or overt act of an assault (through verbal or physical means), coupled with the present ability to
carry out the threat or assault, which reasonably indicates that an assault or injury to any person is
imminent.
Draft 4/23/2007
Officers should avoid firing the TASER X26 darts at an individual’s head, neck,
and/or genitalia. Additionally, the taser should not intentionally be aimed at the
subject’s eyes.
In general, the TASER X26 should be deployed for the shortest period possible to
take the individual safely into custody. After each 5-second cycle of the TASER X26,
an officer should weigh the circumstances involved to determine whether additional
TASER X26 discharges would be effective in safely ta~dividual into custody
or whether another force option should be considered.X26 shall not be
activated more than three 5-second cycles.
Officers shall not activate multiple TASER
the same time.
subi#ct at
Officers shall not take a department issued
off-duty, unless they are transporting the
training location.
It is the officer’s duty to ensure their "
in good working order. If an officer’s
officer will not carry the device
Supervisor as well as the Defensive
~intained and
properly, the
y to their
The audio/video function on the when officers just
technique that impairs
308A.51 TACTICAL CONSIDERATIONS
1. Officers deploying the TA~ ~6~ whenever possible, will have another officer
pr~i~ ~ ~ officer ca~J~ ~0~ p[oviding immediate assistance.
2. ~h~"TA~ ~ ~h~!! be carri~ ~6 ~uthorized holster and be placed on the
. 6apon ~de o~ ~#ty belt.
3,1,!’~i~i~-clothes offi~;~y: carry th~ TASER X26 when appropriate (search
~ ;~:.~:;. ~rrants, arrest warra61t~i i~progress calls for service)and in conformance with
shall not simui~aheously draw the TASER X26 and their duty firearm.
gent circum~6C~s, an officer will provide a verbal and visual warning
as .~!ia~’other officers that a TASER X26 is being deployed.
The ]~i~jd~j ~U~{ 5~ given an opportunity to voluntarily comply. Absent
circums{an~esi:.’.{~:ii~er will call out, "TASER, TASER, TASER" prior to
discharging~{~ ~iCel
6 Additionally, th:~ ~cer should encourage compliance by using the laser sight
and/or sparking the taser.
7. In extreme case where an individual is detained and handcuffed in the back of a
patrol car and the subject is violently harming themselves, the ECD in a direct
stun mode may be used to prevent further injury and to extract the person from
the vehicle.
Draft 4/23/2007 4
8.When necessary, an officer may use the TASER X26 against an aggressive
animal to protect themselves, other officers, or members of the public from an
attack.
308A.52 ACCIDENTIAL DISCHARGE OF TASER
Any accidental discharge of an ECD air cartridge will be investigated by the next level in
the chain of command. The incident will be documented in a Department memorandum
and addressed to the Police Chief. The memorand=shall contain the
appropriate content for an administrative investigation,this section,
Accidental Discharge is the accidental firing of the
308A.6 MEDICAL PROTOCOL
Palo Alto Fire Paramedics will be requested
has been subjected to the electronic discharge
Only qualified medical or police personnel shall
body. Used ECD darts shall be considered a
accordingly. Photographs shall be taken of all ir
points. If possible, photographs of the subject’s body
may occur. All photographs shall be booked
Department members will obtain a medi
Stanford Hospital for an arrestee who
Another hospital emergency room may
appears to be necessary to provide
arrestee. ~
of
the probe contact
where injuries
Center or
discharge of an ECD.
information, it
treatment for the
Officers shall attempt to obtain
Records" form from the sub
officer shall document the
Medical Information and
to a custodial facility. The
in their incident report.
ECD, including weapons possessed, level of aggression, subject statements,
distances between the subject and threatened officers or citizens, etc.
Documentation of warnings given prior to ECD activation, or reasons that
warnings were not given
Documentation of the use of laser dot
Officer’s justification of reasonableness for force used
Draft 4/23/2007 5
Method of use of the ECD (probe or drive stun), range at which ECD activated,
and number of activations
Serial number and model of the Taser and serial number of any cartridge(s) used
in the incident
Location and description of application sites
Type of clothing worn by the subject
Response of the suspect to the Taser activation (i.e. reactions such as "stiffened
and fell backwards"
All photographs taken of the scene, subject, injurie~
Injuries sustained by the subject, officer(s)
Type of medical aid provided, including names
Suspect transport for medical clearance
Whether or not an "Authorization for
Records" was completed
Suspect booking information and custodial
308A.71 EVIDENCE PROCEDURES
308A.73 ADMINISTRATIVE NOTIFICATION AND RESPONSIBILITIES
In any incident wherein a subject received severe injuries as a result of an ECD
activation, the Watch Commander shall notify the Patrol Captain as soon as possible.
The Department shall periodically conduct random audits of ECD data downloads and
reconcile with reported activations.
Draft 4/23/2007 6
ATTACHMENTB
Listed below are the cost breakdowns for the proposed Taser purchase:
QUANTITY ITEM
100 Taser X26E with Taser-Cam System $120,990
650
Miscellaneous Training and
Maintenance Items
Taser Cartridges (live and training)
$680
$13,230
Subtotal $134,900
Tax (8.25%)$11,129
Shipping and Handling $2,976
Total $149,006
PRICE
CITY OF PALO ALTO
Memorandum
TO:City Council
SUBJECT:
DATE:
Transmittal of Taser Task Force Report
May 7, 2007
The Taser Task Force meeting minutes and the report from the Taser Task Force were
distributed in the April 30, 2007, packet in order to give Council Members additional time for
review.
Additional copies may be obtained at the Police Department, 275 Forest Avenue, Palo Alto.
JOHNSON
Police Chief Assistant City Manager