Public Health & Safety Committee

TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 1 CONVENE: 8:00 a.m. PRESENT: Chair Peter Agabi and Councilmembers Leatta Dahlhoff and Kelly Von Holtz. Staff: City Administrator Lisa Parks, City Attorney Karen Kirkpatrick, Finance Director Troy Niemeyer, Fire Chief Brian Hurley, Police Chief Jon Weiks, Police Commander Jay Mason, Assistant Fire Chief Shawn Crimmins, Police Lieutenant Carlos Quiles, Police Lieutenant Jennifer Kolb, Police Management Analyst Dr. Oliver Bowers, and Police Administrative Supervisor Laura Wohl. APPROVAL OF MINUTES: MARCH 12, 2024: MOTION: Councilmember Dahlhoff moved, seconded by Councilmember Von Holtz, to approve the minutes of March 12, 2024 as published. A voice vote approved the motion unanimously. INTERLOCAL Director Niemeyer presented the proposed amendment to an Interlocal AGREEMENT WITH Agreement with Thurston County for Indigent Defense Legal Services. THURSTON The City has contracted with Thurston County for many years for the COUNTY FOR provision of indigent defense legal services. The current contract expires INDIGENT at the end of 2024. The proposed amendment extends the contract through DEFENSE LEGAL 2025 and 2026 with an increase of $5,000. Staff requests the committee SERVICES recommend placing the proposed amendment on the City Council’s AMENDMENT NO. consent calendar during the April 16, 2024 Council meeting. 4: Councilmember Dahlhoff asked about process for determining an increase in the contract. Director Niemeyer said the county completes financial projections based on history of cases and current caseload to forecast the number of cases in the next several years. Additionally, the county only charges the City for services actually utilized. The contract is based on an estimated maximum cost. MOTION: Councilmember Dahlhoff moved, seconded by Councilmember Von Holtz, to place the Thurston County Office of Public Defense Contract Amendment No. 4 on the April 16, 2024 City Council consent calendar with a recommendation to approve and authorize the Mayor to sign. A voice vote approved the motion unanimously. BODY-WORN Police Chief Weiks reported the briefing by Police Commander Mason and CAMERAS: Dr. Bowers will provide the most current information on body-worn cameras. Commander Mason reported the committee typically receives periodic TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 2 updates on body-worn camera technology, impacts, and local and regional experiences as the technology improves. The last briefing was two years ago. At that time, no local law enforcement agencies in the county had implemented the use of body-worn cameras. Since then the City of Olympia, City of Lacey, City of Yelm, and Thurston County have adopted body-worn camera technology and deployed the system within their respective organizations. The department completed additional research on evidence-based impacts of body-worn cameras, as well as impacts to regional partners. Body-worn cameras record body and video upon activation. Camera activation is determined department policy and is crafted to the needs of the community and the organization. Some organizations have narrow requirements allowing officers broad discretion for activating cameras or turning them off. Other jurisdictions have provided no or less restrictive policies guiding the use of body-worn cameras. Policies are determined by the organization and the community it serves. Footage from the cameras is downloaded once officers return to the department similar to the process utilized for in-car camera systems. Body-worn cameras are located on the officer’s chest. Different companies have tried different set-ups to improve the viewing angle. Placement on the chest is typically favored because it provides a central viewpoint although the camera can also be easily blocked by an officer’s hands or arms. Dr. Bowers presented research and evidence of the authenticity of body- worn cameras. Dr. Bowers said his review explored research across the country and in the state to identify how body-worn cameras affect police departments and the adoption process. Since originally created, body-worn cameras have been subject to research with a greater understanding obtained in recent years, as the initial research was limited to specific situations and to a smaller number of officers and departments. The benefits of those studies were generalized across the board. The first studies reflected an increase in transparency and perceptions of police legitimacy, decreased use of force, decreased complaints against officers, expedited resolutions of complaints, and improved evidence collection. However, since then, research on body- worn cameras has been robust and scientific and resulted in more data. The Department of Justice (DOJ) and the National Institute of Justice (NIJ) funds comprehensive reviews and research on body-worn cameras. The research is accessible to anyone and demonstrates some of the complexities and contradictory issues within the research. The NIJ research revealed different impacts measured, and any statistically significant increase, significant decrease, or no statistically significant impact. Some studies revealed that in the use of force, there was a statistically significant increase in the use of force while other studies TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 3 reflected a decrease. Other studies reflected no statistically significant impact. For complaints, there were decreases of no effects, injuries, or fatalities, no change in officer injuries, and a decrease in proactively policing. Arrests and citations reflected an increase or no change at all. Dr. Bowers pointed out how one study can reflect an increase in different components and yet another department’s results reflect a downward trend significantly. For body-worn cameras, the research often reflects that officers are less likely to engage in proactive activities, which can change the officer and the community’s direction and could lessen the option for using force; however, it can also obscure data as one study reflected that departments using body-worn cameras experienced 38% fewer field use of force incidents but 46% fewer stops and 39% fewer arrests. Although there were less uses of force, it was because the officers were engaging less with the community. Other studies reflected that officer activity declined and arrests increased because officers are less inclined to use discretion because of the camera. Dr. Bowers emphasized that the studies demonstrate there is no universal metric for body-worn camera success. The department’s implementation of body-worn cameras should not include a goal to reduce instances of use of force because no study categorically documents that situation. How and whether the metrics change is dependent entirely on the community’s perception of police and legitimacy, pre-existing relationships, demographics of the population, how the program is implemented, and other factors when combined would determine what happens to any specific department using body-worn cameras. Dr. Bowers reported the studies do reflect body-worn cameras increase the perceptions of transparency, but it is heavily dependent upon the community. Missing footage, unreleased footage, and issues under investigation can cause problems. Activation of policies, department policies on when footage can be released, and how it is released in terms of availability of footage could create a huge difference in whether the community views the department as transparent. The availability of the footage, internal investigations, and disciplinary actions all play a factor in the community’s view of transparency. Problems arise because of inherent flaws in body-worn cameras that do not capture an incident entirely. Sometimes, chest-mounted units will completely obliterate what is occurring and have been issues associated with camera lens perception of distance that could be problematic as it could affect how an incident is perceived by the community as opposed to how the officer viewed the incident. Research has demonstrated that slight differences in cameras can reflect a person as some distance away while the reality the person is actually closer to the officer. It is also important to balance the public interest when releasing or redacting footage because it becomes an expectation by the community. TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 4 Body-worn cameras change the interactions between police officers and community members because the ways officers interact with citizens are highlighted when wearing body-worn cameras. An officer’s self- awareness changes when wearing a body-worn camera as the incident is in the public and subject to viewing by the community and often is replayed repeatedly even in those situations completely within policy or protocols that could be taken out of context, distorted, and judged. Today, research reveals body-worn cameras substantially increase officer stress, anxiety, and fatigue leading to higher rates of burnout. The pressure accompanying a body-worn camera for the entirety of a work shift knowing all interactions are recorded creates stress for the officer. Research has documented how organizational support can mitigate some of those effects but the negative effects are demonstrative in the research. Police Commander Mason said another aspect not thoroughly understood during the last presentation was the impacts to police administration/support services as well as to supervisory staff. As experienced by other agencies in the region, the impacts to administrative staff for redaction and retention of footage can be significant. Redactions of footage must be completed in real time. Other administrative functions associated with body-worn camera footage include indexing, review, redactions, and processing a different technology. The Police Guild did not support body-worn cameras during the first presentation but has since changed its position and favors body-worn cameras for members. There are many positive outcomes for deploying body-worn cameras, as well as much more information not available during the original briefing. Implementation of body-worn cameras would require an increase in positions by at least one position to accommodate the change in workload. Fiscal considerations reflect a reduction in equipment costs from several years ago; however, other items reflect an increase because of inflation. Staff included a pay increase as reflected in other agencies throughout the state that have added body-worn cameras. Body-worn cameras are an added stressor and increase requirements for officers. The proposal includes the addition of a sergeant position to oversee the program as evidenced in the increase in the requirements for supervision of the program within the last four years. The program also includes one-time costs involving the purchase of new vests, infrastructure changes in support of the system, and to compensate for some of the “unknowns” associated with any new program. Police Commander Mason stressed the importance of engaging the community in the implementation process, as well as an opportunity to provide input. The department must operate the program at a very high TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 5 level because the implications of not operating the program appropriately could significantly affect the department’s operations and creditability within the local community and in the region. Police Chief Weiks said the proposal would be included within the budget process with details provided during the committee’s June 11, 2024 meeting. Councilmember Dahlhoff expressed appreciation for the research. She asked about any research conducted by the Association of Washington Cities (AWC), as AWC promoted body-worn cameras as a legislative priority. She asked about research and discussions with local agencies using body-worn cameras. Police Commander Mason advised that all local jurisdictions employing the technology were contacted to provide information on impacts of body- worn cameras, the type of systems, the function of the system, and general observations of the system. Staff learned about differences in technology between the jurisdictions as well as policies. Staff engaged other jurisdictions in the process to obtain a better understanding as to how the department would align with other jurisdictions and to learn from their experiences. Councilmember Dahlhoff requested that the information in the agenda packet include a table of the different components the department is exploring and outcomes experienced by local jurisdictions pertinent to officer stress, anxiety, and additional work requirements. Dr. Bowers pointed out that although the department is similar to local jurisdictions, the department is also different. The types of data to collect to document officer stress, health, and anxiety components have not been collected by local departments. Current data collection would be unable to answer those questions. Documenting actual impacts would entail long- term data collection based on specific questions. Police Chief Weiks noted that the department is aware of AWC’s legislative priority as it has been a priority over the last several sessions. The department queried union members as well as the community. As part of the department’s strategic growth plan process focus groups were convened. Although body-worn cameras were mentioned, the groups did not recognize them as a priority for the Tumwater community. However, it is important to weigh options constantly. Staff drafted a rollout plan for implementation of body-worn cameras. Councilmember Dahlhoff asked a series of questions with respect to the proposed timeline for implementation in 2025-2026 and filling necessary positions to support of the program. She asked whether staff anticipates filling the position internally or delay hiring until 2025 knowing the TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 6 challenge of filling positions. She asked about the possibility of phasing the program immediately and submitting a budget amendment, as well as the status of Proposition 1 funds from the county. Police Chief Weiks explained that other projects in progress are prioritized over body-worn cameras at this time. To implement the program effectively, the department requires concurrence to support the work. Formation of an effective body-worn camera program would require a 12- to 18- month process to include community interaction and outreach. Councilmember Von Holtz questioned whether stress and anxiety experienced by police officers was a one-time event when the program was first implemented or an ongoing experience. She asked about the training for existing officers. Police Chief Weiks advised of the department’s long- term use of in-car cameras for approximately 25 years. The only difference with body-worn cameras is the location of the camera and the duration of the recording. The concept would not be new for staff. Dr. Bowers reported that most of the research on stress and anxiety reveals no difference in terms of the timeline because stress is inherent while being recorded on the job. It does not matter if the officer just graduated from the academy or is a seasoned officer. It speaks to the human component of doing a job and suddenly a camera is recording their work during an entire work shift. Chair Agabi asked whether the research focused on agencies with an active community policing program to identify data points. Dr. Bowers explained that the research is based on a broad overview of all body-worn camera research processed and analyzed at the DOJ level. Police Commander Mason added the one challenge within the law enforcement profession is the lack of standardized models to identify outcomes. One example is the data point on use of force because the law enforcement community has no standard definition to describe use of force across the nation. The Tumwater Police Department captures use of force completely different than other agencies in the region. Deployment of a body-worn camera system has not been standardized by the profession. Chair Agabi inquired as to whether the Tumwater Police Department has an active community policing program in sync with the department and City policies. Police Commander Mason responded that community policing is not a model for a specific activity, but rather it is a general philosophy of how the Tumwater Police Tumwater engages with and serves the community. From the first date of hire, all training focuses on how officers interact with the community to help provide an environment that is safe and highly functional for all. The department deploys and provides services based on the needs and expectations of the community. TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 7 Police Commander responded to questions about the responsibilities of the new sergeant position. The primary responsibility of the position is equipment, implementation, and deployment of the body-worn camera system, as well as maintenance. The position would require supervisory capacity to implement policy, oversee internal investigations, and understand patrol operations at a high level to address any challenges associated with a body-worn camera. The department explored all options with the goal of minimizing the cost and impacts to the degree possible. Councilmember Dahlhoff spoke to the possibility of moving forward with an automated database system in conjunction with the additional FTE position. Police Commander described the technology associated with the automated system that could be managed with current staffing. The body- worn camera system is a different model and results in different impacts to the department’s operations. Councilmember Dahlhoff questioned whether any research exists on efficiencies and effectiveness in officer reports because of body-worn cameras or identifying fault in domestic violence incidents. Dr. Bowers affirmed that a majority of the research has been completed on those factors; however, data reflects that the cameras can affect different outcomes with some instances reflecting a high degree of accuracy while other instances reflect a blocked camera creating more questions and complexities dependent upon the case. Police officer reports are more accurate if the officer has access to camera footage; however, it creates other policy issues in terms of access to footage and the possibility of creating their own narrative. Councilmember Dahlhoff inquired as to the request to the committee. Dr. Bowers advised that he has researched body-worn cameras for many years and the importance for the committee and the Council pertain to expectations in terms of outcomes and impacts, as it is not possible to choose those outcomes for body-worn cameras. It is possible to build the program, implement the policies, and establish perimeters with the understanding that outcomes are entirely dependent on the community and the organizational dynamics of the department. Pursuing the program with an established goal is inherently problematic as research reveals there is no one categorical outcome. It is important to be aware of the potential consequences and pitfalls, as well as positive outcomes. Councilmember Dahlhoff asked about the possible opportunity to renovate the police department as part of the budget for City Hall upgrades to create space for the new position and program. Police Chief Weiks advised of the inability to address the question as it speaks to the larger discussion of facility needs Citywide. City Administrator Parks said City Hall has exceeded it space needs both by the police department and within City Hall. Additionally, other issues TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 8 to be addressed include safety and security at City Hall. On the list of pending projects is a needs and safety assessment of City Hall to address the need comprehensively. It is also likely probable interim space would be required for the Tumwater Police Department regardless of any new programs. Director Niemeyer addressed the timing for receipt of county Proposition 1 funds. Collections on Proposition 1 began on April 1, 2024 with the first payment of funds to the City in June 2024. Staff plans to include the funds within the next biennium budget for police and fire. Police Chief Weiks added that staff is meeting to determine the allocation of the tax revenue between fire and police. RESOLUTION NO. Fire Chief Hurley reported emergency management creates the framework R2024-009, to reduce vulnerabilities and cope with disasters. Other resources are COMPREHENSIVE available from the state and federal government that can provide support. EMERGENCY The goal of the Comprehensive Emergency Management Plan is to ensure MANAGEMENT a safe, secure, and resilient community. PLAN UPDATE: The Plan includes five mission areas in the response framework of focus:  Prevention  Protection  Mitigation  Response  Recovery Thirty-two core capabilities are included in the Plan. The Plan is the guide for emergency management in the City. The City’s Emergency Management Committee is comprised of directors and some senior managers. The committee coordinates City and department emergency management activities, training for City staff, plans and executes exercises, and if needed, staffs and supports the Emergency Operations Center. The Plan guides the City’s response. The Plan update is required every five years. The City was granted a one-year extension. The City is required to have an updated Plan to receive FEMA grant funding. The updated Plan was submitted to the State Emergency Management Davison at the end of 2023. The Division acknowledged its review of the Plan via a letter to the Mayor in February 2024. The Plan meets all legal requirements. The review recommended some revisions as the Plan is updated in the future. Changes include a comprehensive review in conjunction with the City of TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 9 Olympia as Olympia has the expertise the City utilized. The Plan update aligns with Olympia’s Plan. Some changes include elimination of unnecessary language and reorganization by departments rather than emergency support functions. Additional items include expanding the City’s language proficiency to communicate with the entire community, identification of ways to ensure all members of the community can safely evacuate, specify within the five mission areas and the core capabilities the correlation between emergency support functions by each department, and continuing focus on recovery planning. Functions of the Emergency Operations Center (EOC) are outlined in the Plan. The EOC provides support to field operations. Documentation is also important with respect to seeking reimbursements from FEMA and the state. The EOC provides that assistance. The EOC is activated through consultation between the Fire Chief, City Administrator, and the Mayor. Positions in the EOC include EOC Manager, Public Information Officer (PIO), Council Liaison, and general staff. Elected official roles and responsibilities include communication, policy decisions, and support of response and recovery efforts. Staff requests the committee recommend Resolution No. R2024-009, Comprehensive Emergency Management Plan Update, to the City Council for consideration and approval at the April 16, 2024 meeting. Councilmember Dahlhoff asked whether the Council is included in annual exercises or receives a summary of outcomes if policies require updating. Fire Chief Hurley said it depends on the scale of the exercise as the committee typically conducts tabletop exercises based on a specific event. A large-scale exercise would likely include the Council similar to the Council’s participation in a Homeland Security exercise. Councilmember Dahlhoff requested information as to the inclusion of utilities, healthcare facilities, and T-COMM within the Plan. Fire Chief Hurley advised that those services are components of the different emergency support functions. All City partners are contacted during any EOC declared event or emergency. Councilmember Dahlhoff requested additional justification as to the differences in some percentages in a table within the Plan. Fire Chief Hurley said the Emergency Management Division evaluated the Plan to ensure it meets all legal requirements. The Plan meets all legal requirements. The state also assessed the Plan and identifies areas of improvement, which speaks to the difference in percentages. MOTION: Councilmember Dahlhoff moved, seconded by Councilmember Von Holtz, to recommend Resolution No. R2024-009, Comprehensive Emergency Management Plan Update, to the Council for approval at the April 16, 2024 meeting under Consideration. A voice vote TUMWATER PUBLIC HEALTH AND SAFETY COMMITTEE MINUTES OF VIRTUAL MEETING APRIL 9, 2024 Page 10 approved the motion unanimously. ADDITIONAL Chair Agabi noted the outstanding work by the Tumwater Police ITEMS: Department with the community. However, the City has never officially implemented a community-policing program. He recommended the City should adopt an official community-policing program. Dr. Bowers responded that the community-policing program is an element included in the department’s draft Strategic Growth Program. Police Commander Mason offered to review some of the interactions by the department with specific entities within the City. It would be difficult to establish a policy as community policing is a commitment by the department through actions and support to the community. ADJOURNMENT: With there being no further business, Chair Agabi adjourned the meeting at 9:27 a.m. Prepared by Valerie L. Gow, Recording Secretary/President Puget Sound Meeting Services, psmsoly@earthlink.net