Police Commission

LACONIA POLICE COMMISSION JANUARY 21, 2016, MINUTES CONFERENCE ROOM #200A, LACONIA CITY HALL 45 BEACON STREET EAST, LACONIA, NH – 3:00 P.M. CALL TO ORDER – Chairman Whittum called the Meeting to Order SALUTE TO THE FLAG – Chairman Whittum led the Pledge of Allegiance RECORDING SECRETARY – Deborah M. Simkins, Administrative Assistant ROLL CALL – Chairman Douglas A. Whittum, Clerk Armand E. Maheux, and Commissioner Thomas K. Tarr CHAIRMAN WHITTUM RECOGNIZES STAFF PRESENT – Chief Christopher A. Adams, Captain William F. Clary, Captain Matthew J. Canfield, Lieutenant Allan L. Graton, and Prosecutor James A. Sawyer Chairman Whittum stated there are three (3) members of the Commission present and a quorum is established I. Personnel Matters A. Commendations & Awards – No Discussion B. Training – Lieutenant Graton advised we completed Taser Recertification last month and this month we will be concentrating on suicide prevention and response. Lieutenant Graton advised we are also in the process of coming up with a protocol regarding contact with the families and people we can speak with. Commissioner Maheux inquired if this will be for all Officers and was advised yes. C. Miscellaneous 1) Laconia Links – Chief Adams advised the first article was a Holiday Safety Message regarding driving while under the influence, there was a photograph taken at our annual Christmas Luncheon of several retirees, and a reminder of the Hands Free Law which went into effect on July 1, 2015, as it seems more people are once again using their mobile devices while operating a motor vehicle. Chief Adams advised there was also a PSA recorded for the radio regarding this. Chief Adams advised Coffee with a Cop was yesterday and once again well received. Chairman Whittum inquired if two-way radios can be used by truckers, and was advised yes, but was advised this can be just as distracting. D. Resignations/Retirement – No Discussion E. Hirings – Lieutenant Graton advised we just finished our hiring process and have three suitable candidates for the Department, to start on February 1, 2016. The Laconia Police Commission January 21, 2016 Minutes Page 2 Lieutenant advised they will have four-weeks of in-house training prior to going out on the road. Lieutenant Graton advised none of these recent candidates are certified and will be scheduled to attend the Academy. The Lieutenant advised there will be a PT Test on February 6, 2016, at the Academy for additional interested candidates and is hopeful with this next round we can get some Certified Officers. Commissioner Tarr inquired how many we had during this last hiring round and was advised over two hundred which was widdled down to twelve; backgrounds were done on ten and three were offered positions. Lieutenant Graton advised we are still looking to fill three more positions. F. Promotions/Reorganization – Discussion ensued relative to the recent promotional process for the position of Lieutenant. Chief Adams advised based on this process, he is recommending Sergeant Thomas Swett be promoted to the rank of Lieutenant. Chairman Whittum entertained a motion to approve the Chief’s recommendation to promote Sergeant Swett to the rank of Lieutenant, moved by Commissioner Maheux, seconded by Commissioner Tarr, and passed unanimously. Families were present during the Promotional Ceremony and Officers were pinned by a family member to honor their promotions; Lieutenant Thomas E. Swett, Sergeant Kevin M. Butler and Sergeant Benjamin C. Black. Congratulations were offered all around by the Commission, Staff, family and friends. Chief Adams recognized Commissioner Maheux celebrating his 86th birthday with us and thanked him for his service to the Laconia Police Department and the citizens of the City of Laconia. I. Division Commander’s Forum A. Support Division 1) Use of Force Analysis – 2015. Captain Clary advised we had good numbers this year with a decrease in the use of batons and an increase with Taser Display and Usage which attributed to the end result of less injury to Officers and suspects. Commissioner Maheux inquired about the use of the batons and if this can be attributed to the Taser. Captain Clary advised we have had declining numbers in the past with regard to the baton as this is a less favored tool. Chairman Whittum inquired if the Officers can choose whether they want to carry a baton or not, and was advised they are given the option, but they are all trained in its use. Commissioner Tarr inquired if there are other types of training optional and was advised the only option is with regard to the baton and whether they want to carry it on their belt or not. Chief Adams advised the culture is to try to prevent the use of the baton to decrease injuries and to get people to voluntarily comply with an arrest which is a big factor. Laconia Police Commission January 21, 2016 Minutes Page 3 Commissioner Tarr inquired if there is a percentage range with regard to the need for physical force during an arrest. Captain Clary advised we have always been in the two to three percent range which is better than average as he has seen some departments with ten percent, but even five percent is on the high end. Chairman Whittum inquired about the animal use of force and was advised we had to put an animal down. 2) Attrition Summary – 2015. Captain Clary advised we had three employees resign during the course of the year; two during disciplinary action and one left to go another agency. 3) Internal Affairs Summary – 2015. Commissioner Tarr inquired about an example of a Violation of Rules. Captain Clary advised there are different classifications of this offense. Commissioner Tarr inquired if someone gets a Letter of Reprimand how long it stays in the employee’s file. Captain Clary advised it is dependent on the classification of the offense and then is done only at the request of the employee. 4) Initial Personnel Complaints – 2015. Captain Clary advised we had 35 complaints this past year, but more than two thirds of these are initiated by a Supervisor or Command Staff Officer. Commissioner Tarr inquired about the process with regard to receiving a citizen’s complaint and was advised the complaint is investigated and the final disposition is sent to the complainant regarding the outcome; indicating founded, unfounded or unsubstantiated. 5) BCI Drug Unit Report – 2015. Captain Clary advised this was a two-man unit for the whole year and we did add the category of Knock and Talk. Captain Clary advised in this case, there is not enough evidence or they don’t want to work a case with an informant, they will Knock and Talk which is usually based on intelligence information received regarding drug dealings, etc. Commissioner Tarr inquired how many of the indicted cases have been disposed of. Captain Clary advised most cases are disposed of within a year and once we receive the information that a trial is completed, we can destroy the evidence. 6) Asset Forfeiture Fund Rescission Impact. Captain Clary advised in the past we have received approximately fifty percent of forfeiture funds, however, we will no longer be receiving these funds. Commissioner Maheux inquired where the forfeiture funds will be going now. Chief Adams advised there is a Bill out there which will funnel the funds away from the local Police Departments to a general fund which have an impact on the larger agencies. Commissioner Tarr inquired if this has been significant for us in the past and was advised we have seen $2,000 to $3,000 at a time through the forfeiture program, however, we don’t count on this money and it is not budgeted Laconia Police Commission January 21, 2016 Minutes Page 4 because we never know how much we will receive. Captain Clary advised we still may be able to receive forfeiture funds through the disposition of a case, but in the realm of things we have not been getting a lot of this money back. B. Operations Division. Captain Canfield advised we are working on scheduling the dates for DARE in the Middle School, Sled Dogs are scheduled for February 12, 13 and 14, and we have been working on that. Captain Canfield advised since the San Bernardino shooting, we have been putting on Active Shooter Presentations and have received responses from over two hundred people; one was held on January 12 and was attended by approximately sixty people. Commissioner Maheux inquired if we work with the schools regarding this type of training as well and Captain Canfield advised we are available to present at schools as well as businesses and it appears people are very interested and happy to attend. C. Legal Division. Prosecutor Sawyer advised two individuals are going to be graduating from Recovery Court on February 2, and the Laconia Police Department is very familiar with one of the individuals. Jim advised it is absolutely amazing where they were and where they are now. Commissioner Tarr inquired if they will be under some type of supervision and was advised they will and will also be coming back to Recovery Court as part of their recovery. Jim advised it seems they are very comfortable coming back and seeing the people involved in the program. Commissioner Tarr inquired of the number of participants and was advised there are eight; two have already gone through the program, two will be graduating within the next two weeks, another is close to graduation within the next three to four months, but unfortunately some do not make it. Jim advised the ones who have made it have not come back into the system. Commissioner Tarr inquired if Jim will make the recommendations and was advised yes. Jim advised he has also made recommendations outside of the Department. Jim advised after a recommendation is made, the team decides if the individual is suited for the program based on his/her history and is a viable candidate. Commissioner Tarr inquired who is on the team and was advised it is Prosecutor Sawyer, the County Attorney, the Judge, case manager Jackie Abikoff, Brian Loanes, Jessie Friedman, and Serene Eastman or Trish Thompson from Probation and Parole, as well as the Superintendent of the Jail is often there too. II. Orders and Bulletins. Lieutenant Graton advised Captain Canfield attended Firearms Instructor Recertification and will be going to the FBI NELEEDS Seminar on March 21, Detective Horan will be attending Juvenile Gang Training sponsored by the Rochester Police Department, and Lieutenant Swett will be attending Contemporary Leadership in Law Enforcement Training sponsored by Primex. Commissioner Tarr inquired if any retired Police Officers are the trainers at Primex. Captain Clary advised the former Chief of Police of Concord has provided us with training in the past. Chief Adams advised they have a very diverse background of trainers and a lot of the leadership courses are not specific to law enforcement, but can be used in the field. Commissioner Tarr inquired if Laconia Police Commission January 21, 2016 Minutes Page 5 they are a new facility, but advised they have been around for over twenty-five years and they are one of the few who can provide insurance to municipalities with the exception of health care. III. Commission Action A. Acceptance of December 17, 2015, Minutes. The Minutes were accepted as presented. IV. Review of Monthly Activity Reports A. Department Monthly Highlights. Chief Adams advised the calls for service were up quite significantly, but will discuss this further in-depth at the next meeting. Commissioner Maheux inquired if the increase in calls is predominantly drug related, and was advised it seems there are just a lot of calls being received for varying types of incidents. B. Monthly Fleet Report. Captain Clary advised we will hopefully start leveling out our mileage again as the new van is on the road. C. Criminal Investigative Unit Statistics. Captain Clary advised the numbers have gone up in several categories, but we will be running a Detective short until one can be re- assigned from Patrol. Commissioner Tarr inquired of this process and Chief Adams advised someone will be transferred from the Patrol Division. Commissioner Maheux inquired about the process for transfer of position. Chief Adams advised Lieutenant Graton will put out a memo to inquire who is interested and then a determination will be made. Chairman Whittum noted a significant increase in the amount of property recovered and was advised one item can drastically change the number in this category. D. Monthly Patrol Division Statistics. Chief Adams advised we have been busy and steady, but as far as the numbers go, the only significant increase is shoplifting with Walmart being a big part of this. Chief Adams advised we are going to work with the Corporation as this has been very time-consuming. Chief Adams advised they have a Loss Prevention Team there and they are very aggressive with regard to prosecution. E. Budget Print-Out. Captain Clary advised the budget is looking fine and he will be working with Captain Canfield in the next week as well. Commissioner Tarr inquired about training numbers and was advised we had received some reimbursable funding for this as well. F. Monthly Traffic Statistics. Chief Adams advised some of the accident numbers are down which could be as a result of the weather and with any luck we will dodge this next storm too. Laconia Police Commission January 21, 2016 Minutes Page 6 V. Correspondence to and from the Department. Chief Adams advised we received a lot of treats and cards from businesses and individuals during the Holiday Season, Officer Carlson received a thank you, Lieutenant Simmons received a thank you for a medical aid type call, there was a thank you from our latest intern, and Officer Carlson received a thank you from a family who had received Walmart Gift Cards on Christmas Eve. Chief Adams advised when we hear back from a family to show how appreciative they are, it is so nice to see. Chief Adams advised we also received a letter from the Gilford Police who expressed appreciation for our assistance at an Underage Drinking Party. VI. Chief’s Report A. Performance Assessment Report Cards. Chief Adams advised there were thirty-two report cards and they were all A’s, which was even more impressive for the amount received. Commissioner Tarr inquired when civilians are presented with a card and was advised they are given a report card at accidents and to the victims of crimes. Chief Adams advised if someone has a complaint, they will fill out one of these cards or file an internal affairs complaint. B. Approval of Commission Attendance Report. Commissioner Maheux moved acceptance of the report, seconded by Commissioner Tarr, and passed unanimously. C. Coffee with a Cop – January 20, 2016, @10:00 a.m., the Soda Shoppe. Chief Adams advised there were seven or eight individuals present and they talked for an hour straight; everything from the tree on Union Avenue to drug investigations, and was very well received. D. Review of 2015 Community Outreach Initiatives. Commissioner Tarr advised he really likes the format of this strategic plan and inquired if the individual divisions have their own plan. Chief Adams advised it probably happens for them, but maybe a little less formal and Captain Canfield advised as we are a relatively small Department, they are all tied together. Commissioner Maheux advised it is a good format because everyone is involved. Chief Adams advised Officer Orton is involved in a weight lifting program at the High School, there are on-going sporting events at the Boys and Girls Club and we will be going over there at least twice a week for scheduled activities to reach out to the young to encourage them to make good decisions and not get hooked on drugs. The Chief advised the Ward Hall Meetings kind of stalled out, but over a hundred people did attend National Night Out on Blueberry Lane. Chief Adams advised there was a lot of positive feedback from this, and this will continue into 2016. Chief Adams advised we pride ourselves on the level of fitness here at the Department and have several fitness challenges throughout the year, including healthy living and healthy lifestyles. The Chief advised the Police Explorer Program is anticipated to go into effect on March 1, and is very happy with the way these initiatives have progressed. Commissioner Maheux inquired if the Laconia Police Commission January 21, 2016 Minutes Page 7 Department will be assisting Captain Clary in his new endeavor. Captain Clary advised Officer Orton has already presented on the Explorer Post to all three classes. Commissioner Tarr inquired if the Department has the ability to manage an employee who is not physically fit to perform their duties. Chief Adams advised we have an Officer who attended the Cooper Institute and is qualified to train an employee if need be. Commissioner Tarr inquired about annual physical evaluations and was advised they need to pass physical agility every three years or they will lose their certification. Captain Clary advised we can discipline them, but the State will take their certification away. E. Right to Know Law. Chief Adams advised this information was provided to the Commission for review. VII. Old Business – No Discussion IX. New Business – No Discussion X. Confirm Date of Next Regular or Special Meeting – February 18, 2016 XI. Other Business – No Discussion XII. Citizen Comments – Gail Ober inquired about resignations and one Officer who resigned while facing disciplinary action, inquiring if it was as a result of use of force, and was advised no. Gail inquired about the library and the walk-through as that has been a problem, as well as the K-9 Program. Chief Adams advised we had a two-man officer team walking in the Downtown area as far as Busy Corner as we did have some problems with transient people going into the library as well. Chief Adams advised we will start looking into the K-9 Program again once we are back to full complement. Chairman Whittum inquired about the homeless people and the Chief advised we have approximately a dozen to twenty as well as couch surfers which is a larger number. Chief Adams advised we are handling complaints with regard to panhandling as well. Commissioner Tarr asked about the launch program on Messer Street and if the manager of that facility is required to notify the Police if someone leaves the facility. Chief Adams advised this is a private facility, but we have been in touch with them since they started and we haven’t had any issues to date. Chief Adams advised so far it has worked out and we have had occasion to speak with some of the parents of children who have been provided services. Commissioner Tarr inquired if there should be any notification made to the Police Department with regard to who is staying there and if they are taking people in who are court-ordered and they leave, should the Police Department be notified as technically that is a violation of their orders. Prosecutor Sawyer advised he hasn’t seen any specific orders through the Court up to this point indicating they should stay there. XIII. Non-Public Session – On a motion by Chairman Whittum, moved by Commissioner Laconia Police Commission January 21, 2016 Minutes Page 8 Maheux, seconded by Commissioner Tarr, and passed unanimously, in accordance with RSA 91-A:3 II (a), the Laconia Police Commission entered into Non-Public Session at 4:04 p.m. At 4:14 p.m., the Non-Public Session ended on a Motion by Commissioner Maheux, seconded by Commissioner Tarr, with a unanimous vote to maintain the Minutes as confidential, in accordance with RSA 91-A:3,III. Chairman Whittum entertained a motion to seal the Minutes, moved by Commissioner Maheux, seconded by Commissioner Tarr, and passed unanimously. Move to adjourn by Commissioner Maheux, seconded by Commissioner Tarr, and passed unanimously at 4:15 p.m.