HomeMy WebLinkAboutStaff Report 9680
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
October 15, 2018
The Honorable City Council
Palo Alto, California
Independent Police Auditor's Second Report for 2017
Attached you will find the Independent Police Auditor's Second Report for 2017.
ATTACHMENTS:
• Attachment A: Palo Alto IPA Second Report for 2017 (PDF)
Department Head: Beth Minor, City Clerk
Page 2
INDEPENDENT POLICE AUDITOR’S
SECOND REPORT - 2017
Presented to the Honorable City Council
City of Palo Alto
September 2018
Prepared by: Michael Gennaco and Stephen Connolly
Independent Police Auditors
for the City of Palo Alto
Michael.Gennaco@oirgroup.com
Stephen.Connolly@oirgroup.com
I. Introduction
This report addresses materials received by the Independent Police Auditor (“IPA”) for review
from the second half of 2017. It covers investigations by the Palo Alto Police Department
(“PAPD”) that fall within the scope of our auditing responsibilities and that were completed by
the end of the calendar year. There are four in all: two reviews of Taser deployments (both of
which were deemed “in policy” by Department management) and two investigations into alleged
officer misconduct (both of which resulted in findings that Department policy had been violated).
As usual, we offer a factual overview of the incident itself, as well as an assessment of the
Department’s investigative process and case outcomes. Where relevant, we also include
recommendations for the Department on a going-forward basis, based on specific issues arising
from the cases themselves.
Prior to preparing this report, we had the opportunity to meet in person with PAPD’s new chief.
He was just a few weeks into his new responsibilities at that point. Moreover, having come from
a different agency in the area, he was understandably in the midst of a “learning curve” regarding
the Department’s practices and personnel. Nonetheless, we found his initial priorities to be
worthwhile – including the emphasis on an effective, sound roll-out for the Department’s body-
worn camera program, which was due to launch in June of 2018.
Having presided over the beginning stages of body-worn camera deployment in his former
agency, the Chief seems to recognize the advantages and potential pitfalls of the technology. We
look forward to tracking PAPD’s progress in adapting to the cameras, and we will welcome the
opportunity to utilize the ensuing recordings as a tool in our own monitoring of the Department.
II. Taser Cases
Incident 1
Factual Overview:
This case began as a call for service in a domestic violence incident. Officers responded to a
large apartment complex just after midnight and found the reporting party/victim who had
allegedly been punched and kicked by the partner. Based on the victim’s statements and
physical evidence of an assault, the officers went to contact and arrest the subject pursuant to
state law mandates.
The apartment in question was on the second floor, as accessed by a stairwell up to a narrow
landing area. The officers put out radio traffic as to their whereabouts, made a simple plan
amongst themselves for contacting the subject, and went upstairs. They found the door ajar, and
knocked and shouted commands several times without being acknowledged; then after several
seconds, the subject turned a corner inside the apartment and rushed toward them. The subject
then threw an open plastic bottle at one of the officers, splashing the officer with a liquid that
turned out to be soda.
In response to this aggression, one of the officers activated his Taser. Apparently, only one of
the two probes struck the subject, which meant that the five-second cycle did not incapacitate the
subject. Instead, in close quarters and dealing with continued resistance from the subject, they
both used baton strikes followed by a takedown to effectuate the arrest. The subject was treated
by paramedics at the scene and then brought to the hospital, where the subject was cleared
medically for booking.
Outcome and Analysis:
The Department followed its usual review protocol for a use of force involving a Taser: an
assessment of recorded evidence, retrieval and evaluation of data from the Taser itself, and
analysis of written reports from the involved officers.1 The review package also included an
interview of the battery victim: who not only provided details about the subject’s mental state at
the time of the incident but had also witnessed the encounter with the officers in the doorway
from a vantage point on the street. Finally, the subject also provided a partial statement (before
becoming angry with the interviewing supervisor) that corroborated the subject’s own actions in
the incident.
The Department determined that the use of the Taser, and the other force used by the officers to
overcome the subject’s resistance, was justified and in policy. This was based primarily on the
subject’s level of physical aggression and refusal to comply with repeated commands. We
concur with this finding – with one exception that we discuss below.
The encounter itself was brief and marked by actions from the subject that were “erratic” and
“very very physical,” per the witness description as well as the officers’ accounts. The use of the
Taser was justified under Department policy as a reaction to the startling act of throwing the
open soda bottle, as well as the subject’s size and hostile attitude– including a “fighting stance”
and continued movement in the officers’ direction. The subsequent baton strikes (five by one
officer, one by the other) were also seemingly done in a controlled, purposeful way in an attempt
to end the struggle. (The need for the strikes was precipitated in part by the ineffectuality of the
Taser.)
1 In keeping with our established protocol as the city’s Independent Police Auditor, we received
copies of this evidence for our own evaluation. While the “in-car” camera systems of the
officers’ respective vehicles only featured one usable – and partial – visual angle on the
encounter, there was a considerable amount of useful audio that was also recorded.
The officers’ actions were competent and professional in many respects. Their demeanor was
calm, even in the face of the subject’s aggression and the precariousness of their position on the
landing. One of them put out radio communications during the physical encounter itself; the
information was clear and useful, and the delivery reflected an impressive poise that seemed to
characterize their handling of the event. Once the individual was handcuffed, they moved
appropriately into questions about the subject’s well-being, and were not baited into a verbal
conflict.
While these elements were commendable, and while we agreed with the Department’s ultimate
conclusions about the incident, we did note a couple of points that merit further discussion.
The first of these is the way in which background information about the subject – including the
agitated and irrational state presented, the violent actions toward the domestic partner, and
history of schizophrenia – seemed to have little influence on the officer’s strategy for handling
the call. Prompt engagement was obviously appropriate. However, as evident in the available
recordings of the encounter, they were casual in their approach and initial communications at the
door. They made no apparent effort to identify themselves, establish rapport or otherwise
cultivate the subject’s cooperation in surrendering peacefully. And once the physical struggle
was (abruptly) underway, they gave loud, repeated, and unavailing commands for the subject to
“Get on the ground!” – a standard, understandable reaction that was not necessarily well-suited
to the subject’s condition.
Dealing with mentally ill persons in crisis conditions is one of the genuine challenges that law
enforcement faces. We also recognize that force applications are dynamic and inherently
stressful, and that the officers ultimately had a need to defend themselves and subdue the
subject’s active resistance. Additionally, we reiterate that the arrest and attendant force was
lawful, and that there were praiseworthy aspects of the officers’ engagement with the subject.
But we do wonder whether a different mindset at the beginning would have been useful in de-
escalating or otherwise altering the context of the encounter, and perhaps preventing the force
from being necessary.
The “holistic” approach to force review – which goes beyond policy considerations to look
critically but constructively at all aspects of the incident – is one that we have long advocated.
For an episode such as this one, an evaluation of interactions with subjects with a history of
mental illness – with a focus on improving them through issue-spotting and training – falls into
the category of useful collateral review. Indeed, this case seemed like a particularly good
opportunity to explore how and whether specially tailored communications might have had a
positive influence on the outcome here.
Recommendation: The Department should incorporate formal and specific consideration of
its protocols for dealing with subjects in possible mental health crises into its evaluation of
relevant incidents.
Our second point relates to the portion of the Department’s Taser (or “Conducted Energy
Weapon”) policy that encourages “Verbal and Visual Warnings” prior to the weapon’s
activation. The guidance has two stated purposes: to take advantage of a potential deterrent
effect by giving the subject a chance to comply and make others – particularly nearby officers –
aware of the possible imminent use. Importantly, the policy also has overt exceptions for
situations when such warnings would “endanger the safety of officers” or when they are “not
practicable due to the circumstances.”
In this case, the officer who activated his weapon did yell “Taser!” repeatedly. As the
supervisor’s evaluation stated, and as confirmed by the recorded evidence, this occurred
“contemporaneously” with the activation. If anything, this may have been useful for his partner,
who was in close proximity, and it was clearly better than nothing as a verbalization. However,
it also seemed too abrupt and close in time to the activation to meet the “deterrence” objective of
the policy.
This is not a problem in our view. On the contrary, the circumstances of the encounter seemed
like a clear example of a standard, pre-emptive warning being “not practicable.” What struck us
as interesting, though, is the seeming reluctance of the officer and the supervisor to simply
acknowledge that the exception to the warning requirement applied here.
Instead, in the officer’s report he characterizes his actions as “an attempt to give [the subject and
the other officer] warning that I was going to deploy my conducted energy weapon.” And the
supervisor’s review lists the repeated shouts of “Taser!” as a bullet point (without explanation or
qualification) to support the use of force as “justified and reasonable” in light of Department
policy. Based on the recorded evidence, we find this characterization inaccurate.
Again: we do not take issue with the use of the Taser here. Nor do we believe the lack of a
conventional “verbal and visual” warning – one that might have afforded a chance to comply
rather than occurring “contemporaneously,” was inappropriate to the circumstances of this case.
Instead, our concern is that the effort to bring the officer’s actual performance into compliance
with the letter of the main policy – as opposed to the applicable exception – seems objectively
mistaken. The motivation for stretching the interpretation in this fashion is unclear, particularly
in light of the legitimate excuse that the officer plainly had. In short, it was not needed to
“protect” the officer from a policy violation, and therefore raises questions and concerns about
how a more ambiguous set of facts might be characterized.
Accuracy and rigorous analysis are obviously key components to a meaningful force review
process. While the discrepancy in this case was peripheral to the larger findings, it affords us the
chance to encourage PAPD to scrutinize their rare Taser deployments with particular care.
Recommendation: The Department should ensure that required policy elements are addressed
thoroughly and objectively in the reporting and review process for force incidents involving
the Taser.
Incident 2
Factual Overview
On the date of the incident, PAPD received a call that a person matching a description of a bank
robbery suspect was sighted in downtown Palo Alto. The bank robbery had occurred the day
before and PAPD had placed a photograph in the local media. Officers responded and eventually
observed an individual with three other men walking down a sidewalk. An officer approached
the group and told the person that he matched the description of the suspect. After initially
answering some preliminary questions, the man ran away from the two officers who first
encountered him. The officers gave chase,2 and after several steps the man lost his footing and
fell. Officers caught up to the man as he was regaining his footing.
Officers attempted to use control holds to detain the man and ordered him to get on the ground
and stop resisting, but he was actively pushing them away and attempting to flee. A third officer
joined the effort. Eventually, the man was forced to the ground. A supervisor arrived to assist.
As the man attempted to rise from his kneeling position with three officers on his back, one of
the officers gave a verbal warning that he was going to use the Taser and then deployed the Taser
in the man’s lower back from a short distance. The Taser had little effect.
As the man continued to struggle, the officer decided to use the Taser in drive stun mode3 further
up the man’s back in an effort to expand the device’s “contact spread” and thereby achieve
muscular incapacitation. The second application appeared to have more effect, and one of the
officers was able to handcuff the man without further incident.
Paramedics were called to the scene, where the Taser probes were medically removed from his
back. The man was cleared for booking at a local hospital.
Outcome and Analysis:
Pursuant to its use of force protocol, this incident was reviewed by PAPD. The Department
found all the force, including the use of the Taser, to have been in policy. PAPD noted that the
man was actively resisting arrest for over a minute, and the officer had provided a verbal Taser
warning prior to use. The control holds and use of body weight by other officers to bring the
2 To his credit, the initiating officer broadcast that he was in foot pursuit and asked for backup as
he began to run after the man.
3 “Drive stun” mode involves a direct application of the Taser itself to skin. If the initial darts
emanating from the Taser strike the body too closely together, the small spread between contacts
can diminish the effect on muscle control. In response, officers are advised to use the Taser in
dry stun mode farther away on the body – while maintaining the initial contact points – to
increase the strength of the circuit.
man under control was also found to be within policy. Based on our review of the incident,
which included access to police reports, interviews, and body camera footage, we concur with
PAPD’s finding.
During its review, PAPD learned that the two Taser activations were for very brief periods of
time. In fact, the man who was Tased advised that it had no effect on him.4 The officer who
deployed the Taser indicated that he was not able to maintain good contact with the Taser in dry
stun mode and that he was concerned that his partners would be inadvertently and adversely
impacted by the Taser. This accounts for the relatively minimal use of the weapon.
To its credit, PAPD also examined collateral issues surrounding the use of force incident.
Regarding the officer who used the Taser, his warning was “I’m going to fucking tase you dude,
right now, I’m going to fucking tase you”. After applying the Taser, and while the man
continued to resist, the officer said: “put your fucking hands behind your back, stop fighting.”
PAPD recognized that while the officer’s use of profanity under this circumstance was
technically a violation of policy, it could be considered an understandable verbal tactic to gain
the man’s attention and compliance in a rapidly evolving confrontation. Based on this mitigating
factor, the officer received minimal remediation.
After the man was handcuffed, the on-scene supervisor told him to: “shut your fucking mouth”.
PAPD concluded that while the man was being loud and drawing attention to the scene, there
was no tactical advantage for the supervisor to use profanity in directing the man to be quiet.
PAPD found that the supervisor’s use of profanity was not representative of the professional
standard of conduct expected of Department members.
PAPD also found that the sergeant had failed to test his mobile activated video system prior to
going into service and that there was no video from his patrol car of the incident. Based on the
use of profanity and failure to activate violations, the supervisor received more significant
remediation measures.
The two conduct reviews – and their distinctive outcomes – illustrate the approach to profanity
issues that many agencies take. They do so by exemplifying the difference between “tactical” or
“strategic” use of language to achieve an effect (which is more accepted) and that which arises
from simple frustration or loss of temper (which is less accepted). In the past, we have noted this
explanation and expressed our concerns that the exception for calculated profanity could swallow
the rule of prohibition established by the relevant policy. Accordingly, we are gratified to see the
Department engaging in the analysis here and reaching appropriate conclusions.
4 Conscientiously, PAPD had an uninvolved supervisor interview the man about the force used
on him.
We commend PAPD for addressing each of these issues and developing a remediation for the
two involved personnel. Instead of waiting for a complaint to be received, the Department
proactively identified sub-par conduct and addressed it. The sergeant’s comment is more
concerning, given that he is a supervisor and expected to be a role model to other on-scene
officers; in this incident he fell far short of his expected role.
PAPD further noted that a different on-scene supervisor had been responsible for attempting to
obtain a medical release authorization from the man but had failed to do so. The supervisor
responsible for completing the use of force review5 remediated the failure by bringing the policy
requirement to the supervisor’s attention and directing him to obtain medical release
authorization in future Taser deployments as part of his supervisory duties.
Again, PAPD appropriately expanded its review to the investigation itself to ensure that gaps in
protocols were addressed, with the goal of improving its future response.
In addition to the issues addressed by PAPD, our review identified the following:
No Contemporaneous Interview of Potential Eyewitnesses to the Use of Force
As noted above, three individuals were with the man who was initially arrested. While they were
questioned about the man and their knowledge of his involvement in the bank robbery, and while
the car in which they came to Palo Alto was searched, they were all eventually released without
being asked about their observations of the force that they presumably witnessed. When PAPD
attempted to recontact them about the force, all three failed to return calls.
In retrospect, it would have been prudent to interview the three individuals about the force as
part of the initial encounter and questioning. This is especially true in light of their seeming
disinclination to provide additional cooperation, in light of their relationship with the arrested
individual.
Recommendation: When dealing with percipient witnesses to force, the Department should
incorporate questions about the force into any related encounter they may have with them for
other reasons.
Failure to Obtain Name of Witness During Canvass
After the man was secured, PAPD officers began identifying witnesses to the incident.
According to the reports, one of the involved officers identified a witness and obtained her place
of employment but did not include her name in the report. An effective witness canvass includes
such information in preliminary reports to facilitate any subsequent contact.
5 To PAPD’s credit, the Taser review was assigned to a second level supervisor since a
supervisor used force during the incident; this avoided the challenges to objectivity and
thoroughness that can attach from having direct peers review each other’s performance.
Recommendation: PAPD personnel should be briefed on the importance of obtaining
complete witness identification during an initial witness canvass.
Reliance on Telephone Interviews
Several uninvolved eyewitnesses were interviewed about the force incident, but the interviews
were conducted telephonically. Especially because of the dynamics and positioning involved in
force incidents, in-person interviews are the preferred mode of obtaining information about them.
Moreover, in the near future all PAPD officers will be outfitted with body-worn cameras so that
a video account of the incident can be easily obtained.6 In this case, the witnesses who were
called were only a couple of blocks from the police station when they were interviewed
telephonically. It would have been preferable for these interviews to occur in person.
Recommendation: PAPD should inform its supervisors that they should conduct person video-
taped interviews. In cases where such interviews are not feasible, the report should articulate
the extenuating circumstances.
III. Misconduct Investigations
Case 1
Factual Overview:
This case related to an off-duty incident that resulted in criminal charges against a Department
officer. He was involved in a traffic collision with a parked car as he drove near his own home
near noon on a weekday. Though the collision slightly damaged the other car as well as his own,
the off-duty officer made no attempt to acknowledge the accident by leaving a note or otherwise
contacting the owner – who turned out to be a neighbor.
The latter man noticed the damage to his car a few hours later. Though he identified some
relevant damage to the officer’s personal vehicle as well, he still was not certain about what had
occurred. This was compounded when he went in person to contact the officer at his home, only
to have the officer deny knowledge of the collision.
The victim of the accident eventually contacted the local police department (not Palo Alto), and
officers responded. As part of their investigation, they contacted the subject in this case. He
reiterated his lack of knowledge about the collision, and in fact described having heard a noise in
the early morning that was consistent with his car being side-swiped.
A third neighbor proved to be a significant witness in the case. Without seeing the actual
collision, he had observed erratic driving by the subject prior to the accident. Then he heard the
6 In fact, the PAPD investigator admitted that due to his mistake, one of the telephone interviews
was not recorded.
collision from inside his house and went to a window to observe the aftermath. Finally, he saw
the officer emerge from his personal vehicle, inspect the damage, and proceed to his own house
in an unsteady fashion.
This information caused the investigating agency to re-contact the officer – whose clothes and
physical features matched the description that the witness had provided. Nonetheless, he
continued to deny having hit the car, and said he could not even remember having driven his own
vehicle that day. Later that same day, he maintained this version through a third encounter with
the policemen from the handling agency, who returned to the officer’s home at his request, spoke
with him for some fifteen minutes, and finally left without having gleaned any additional or
useful information.
In spite of these denials, the physical evidence and testimony from the witness strongly
suggested the officer’s culpability. Other factors, however, combined to lessen his exposure to
prosecution.
The first of these was the victim neighbor’s reluctance to press charges against someone who
lived next door; he instead simply sought to be reimbursed for the costs of repairing his vehicle.
Furthermore, while there was evidence that suggested that intoxication may have been a factor in
both the accident and the subsequent behavior, the gap in time between the collision and the first
police contact with the officer precluded an effective investigation into that issue. Accordingly,
the criminal case amounted only to a misdemeanor “hit and run” charge and did not involve an
arrest.
Meanwhile, the Department had been tracking the case closely for purposes of administrative
accountability. Supervisors were in prompt and detailed contact with the handling agency
regarding its investigation, and two members of the PAPD command staff also went to the scene
and interviewed the victim and witness for themselves in the days after the event.
On the day after the incident, the officer was placed on “administrative leave” by the Department
pending the outcome of the criminal case. This meant he was barred from performing his duties
but continued to receive his salary. In our experience, this is a rare step in Palo Alto, but it is a
widely-accepted and utilized approach in law enforcement to address serious but unresolved
issues of misconduct. It balances the officer’s rights against the need to protect the Department
and public in light of the problematic behavior being investigated.
The criminal allegation against the officer was ultimately settled through a negotiated plea deal.
He pled guilty to an “infraction” (similar in scale to a traffic ticket) in connection with the
accident, and the more serious charge was dismissed. He returned to full duty some five months
after the incident.
Once the criminal case had reached the stage where its ultimate outcome was largely known, the
Department moved forward with the administrative accountability issues. This included the
incident itself, as well as concerns about compliance with a policy that requires PAPD
employees to “promptly and fully” report activities that may result in criminal prosecution.
Although the officer had contacted a supervisor on the day of the collision, his version of events
tracked the initial narrative that he had not been responsible for the accident.
The centerpiece of the Department’s remaining investigation was the interview with the officer.
As with any internal investigation into misconduct, the officer was ordered to answer all
questions fully and truthfully and with the recognition that the contents could not be used against
him in the criminal case. Here, the questioning produced an acknowledgment of responsibility
as well other as other information that put the behavior into a larger context of personal issues.
The Department received assurance that these issues were being addressed, and that they would
not pose a recurring problem in the officer’s personal or professional life.
Outcome and Analysis:
The Department found that the officer had violated policy by leaving the scene of the traffic
accident without attempting to contact his neighbor or otherwise take responsibility. An
additional and related policy violation – concerning “unbecoming” conduct that reflected poorly
on the Department – was also sustained. Finally, the Department found that his inaccurate and
incomplete notification to a supervisor in the aftermath of the incident was also a violation.
We concur with these findings. In doing so, we recognize that the scope of the actual
misconduct was quite possibly greater and may well have included drunk driving and knowingly
making false statements to the handling law enforcement agency. But the time gap between the
accident and the discovery/response, as well as the victim neighbor’s preference for a non-
criminal resolution, worked in the officer’s favor. Moreover, with regard to culpability for his
subsequent interactions with police (as well as his initial denials to his neighbor), the impairment
that he later acknowledged makes it difficult to assess blameworthiness.
In short, though the conduct is not acceptable, the “intent” analysis is understandably
complicated – and potentially mitigated – by the employee’s impaired condition. The issues in
this case stem from off-duty behavior that was both uncharacteristic for the employee’s history
and attributable to larger wellness concerns. Accordingly, for the agency to address remediation
in this case through the lens of the officer’s longer-term well-being is a valid and worthwhile
approach. As long as the accountability component is also emphasized7, and the Department is
working to ensure the continued suitability of the officer to perform his duties, then the goals of
the discipline process are being met.
We were impressed with the rigor of the Department’s initial response. It took the time to
investigate independent of the criminal review undertaken by the other agency, including
7 It is our understanding from Department executives that there was a significant disciplinary
consequence.
separate interviews of involved civilian witnesses. And it coordinated well with the other
department, which was collegial about sharing the results of its own work and the evidence it had
accumulated (including body-camera footage of its encounters with the subject officer at his
home).
We also noted the Department’s willingness to explore questions about the actions of the
supervisor who received the first notification from the officer on the night of the incident. That
supervisor did not notify the chain of command per Department policy, and instead contacted a
fellow sergeant who was both a personal friend of the subject officer – and a board member in
the officers’ labor association.
The supervisor was interviewed formally and provided a persuasive explanation for these
decisions. The failure to notify a higher-ranking member of the Department had resulted from an
understanding that the arresting agency had already contacted the PAPD Watch Commander –
which was true. As for the outreach to a peer, this was based on a concern for the officer and a
recognition that a friend’s support might be welcome and needed; it was not intended to “involve
the association” prematurely or as an obstacle to effective Department review.
While the outreach to a higher-ranking officer was still technically required, and while the
supervisor received counseling to that effect, the Department determined that formal discipline
was not warranted. We concur and note favorably that the “issue-spotting” in the case was
thorough and effective.
We were slightly less impressed with the subject interview, which covered important ground but
which in our view provided an overly generous forum for the officer to explain his
circumstances. This included leading questions from both the Department’s interviewers and the
officer’s attorney. Less robust was the inquiry into any concrete steps that had been taken
regarding personal responsibility and outreach – either to the victim neighbor or to the police
officers whom he repeatedly and adamantly misled on the day of the incident.
Our understanding is that the nature of the criminal proceedings – and the court’s preferences
regarding communication between the parties – may have impeded potential outreach as it
pertained to the victim. However, some type of communication with the other law enforcement
agency may have been a constructive gesture and a useful component to the administrative
remediation in this case.
Case 2
Factual Overview
PAPD received a complaint in which an Explorer Advisor from another police agency alleged
that a PAPD supervisor made an unwanted advance and attempted to kiss her while both were
working at an off-site law enforcement leadership school.8 In addition, the complainant alleged
that on multiple occasions while stationed at the camp, the supervisor consumed alcohol.
Outcome and Analysis
Based on the resulting investigation, including the interview with the supervisor about
interactions with the complainant, the case was sustained as to that aspect of the allegations, and
the supervisor received remediation. The supervisor is no longer an Explorer Advisor.
Regarding the alcohol consumption allegation, the supervisor acknowledged that he and other
Advisors regularly consumed alcohol after the students had turned in for the evening. The
investigation further revealed that neither PAPD nor the camp had clear policies on whether
alcohol could be consumed when its personnel were working as Explorer Advisors at the camp.
The practice seemed to be that so long as one adult Advisor did not consume alcohol, other
Advisors could do so after the end of the camp day. Due to this lack of clear guidance in policy,
the alcohol consumption allegation against the PAPD supervisor was not sustained.
After discovering this gap in policy, PAPD began working to revise its Explorer Manual. As
part of this revision, the policy will make clear that PAPD personnel are not to consume alcohol
when working as Explorer Advisors, including when they are working at the law enforcement
leadership school. While the policy has yet to be finalized, PAPD has agreed to provide the
Independent Police Auditor a copy for review upon its completion.
An additional aspect of the leadership school was raised during the investigative interviews of
the subject supervisor and other PAPD attendees. According to this narrative, certain PAPD
personnel were selected to attend the school because of their military experience or their
penchant for creating a high stress environment for the students. According to one person
interviewed, a certain officer was recruited to participate because he was effective at “yelling” at
the students.
In determining which South Bay Academy to send its recruit officers, PAPD’s preference has
been to not use ones known for a “boot camp” model of indoctrination, but instead creates an
environment that is more conducive to learning. If, in fact, PAPD Explorers are being exposed
to a leadership environment that is facilitated by PAPD personnel and relies on a more
confrontational approach, there would seem to be a disconnect between the Department’s
Explorer experience at the leadership school and the Department’s overall learning philosophy.
Further examination is in order.
8 The Explorer program and the affiliated leadership school provide an opportunity for high
school age students to learn about policing and gain a leg up on future employment
opportunities. During this leadership camp, one PAPD Explorer was in attendance, yet he had
no knowledge of the allegations at issue.
Recommendation: PAPD should review the statements of its officers interviewed in this
investigation to determine how effectively the leadership school advances the educational
tenets of the Department and take appropriate remedial action, if warranted.