Citizen's Review Board

Wichita Citizen Review Board Minutes June 11, 2020 4 p.m. City Council Chambers 455 N. Main St, Wichita, KS 67202 Present: Jay Fowler, Sharon Ailslieger, Dennis Bender, Jamie Lopez, Stephanie Luna, Sean Rojas, Robert Thompson, Timothy Sims, Captain Wendell Nicholson, Captain Chet Pinkston, Jennifer Magana, Keely Bean. 1. Call to Order – Chairperson Fowler The meeting was called to order at approximately 4:05 p.m. 2. Approval of Minutes Bender made a motion to approve the January 23, 2020 minutes with corrections made. Second by Lopez. The motion passed unanimously. Ailslieger made a motion to approve the February 20, 2020 minutes as written. Second by Bender. The motion passed unanimously. 3. Public Agenda - 15 minutes is set aside for this portion of the meetings. Marion Tipton, social worker, expressed concerns over existing protocols. She felt like there should be a limited number of complaints – offenses – before an officer has repercussions. Tipton suggested a one-time therapy requirement after a shooting occurs. Tipton had the following questions: Individual liability insurance? Should be an outside person to hold officers accountable? Has training improved? Have complaints decreased? Status of community policing? Status of racial profile training? Additionally, Tipton wanted it noted that WPD horses in Old Town are unnecessary and excessive. 4. Staff Report Update – Captain Pinkston Pinkston stated that 24 cases were open and 98 were closed referring to the status report given (dated February 18 – May 19, 2020). Sims requested to review 20PSB-1214 noting the finding was “Unfounded.” He stated the letter he received from Professional Standards Bureau (PSB) indicated no finding on citizen conclusion letter. He inquired if the case was still open and if it is still with the Chief. Sims stated he expected it as an agenda item. Pinkston noted that the Chief removed 20PSB-1214 from statistics, and continues to review the complaint. The complaint remains active. Sims stated that based on the brochure, he would like to appeal the decision citing two procedural violations about PSB. Fowler clarified that if the case is still ongoing, the Board is precluded from addressing; however, a note will be made when the complaint is closed and can be reviewed. Wichita Citizen Review Board June 11, 2020 Page 1 of 6 Bender asked how much credence is put into the inquiry/investigative process regarding complaints. Thompson believes processes for investigations have not been followed-up, by claiming no letter received. Sims noted it should be a simple process and inquired why we have procedural types of violations. Pinkston stated, again, the investigation had been concluded, but the Chief chose to pull the investigation as a request of Sims; nothing would be discussed further as the complaint remains open. Sims stated, he was told by Lieutenant Mumma that an investigation was not done, but an inquiry only. He had made a formal official complaint. He asked if the Chain of Command knew it was an inquiry only. Again, Pinkston refused to talk about the investigation until completed. Sims inquired about an investigation versus an inquiry. Pinkston stated, that during an investigation, Garrity is noted, witness and focus letters are collected, and notices of investigation sent. Sims wanted to know why the PSB brochure does not address an inquiry versus an investigation. Pinkston stated that we cannot speak of an investigation, and most citizens will not know the level of detail. Fowler stated the CRB can encourage Pinkston or Chief to issue a letter of the department’s position. He stated it might be helpful to follow-up on why the complaint was pulled. Additionally, Fowler asked to review the following closed complaints: 20PSB-1088, 19PSB-0582, 19PSB- 2140, 19PSB-2391, and 20PSB-2126. This request of cases were confirmed by Pinkston. Pinkston clarified classification type by noting classifications, sub-classifications, and types of complaints. Year-to-Date 42/46, classifications/sub-classifications, timeframe 47%, 53% for year. Ailslieger asked what the difference between an improper conduct violation and a procedural violation. Pinkston answered rude conduct versus filling and completing forms. Sims asked that if a complaint or compliment is received, if it goes into the officer’s file. Pinkston affirmed. Pinkston closed this portion of the meeting by explaining this was his last meeting as liaison between WPD and CRB. He introduced Captain Wendell Nicholson as his replacement. Nicholson is a longtime member of WPD, holding the rank of Captain for the last couple of years and stationed at the Patrol South Bureau. Fowler stated appreciation to Pinkston for his assistance over the last year. 5. COVID Pandemic – Captain Pinkston Fowler offered perspective of two major events occurring at the same time, COVID and dissatisfaction of arrests. Pinkston explained that personal protective equipment (PPE) had been issued to WPD. Community members and businesses have started assisting with donating PPE. Encouraged Wichita Citizen Review Board June 11, 2020 Page 2 of 6 officers to have citizens step outside when contacted, to maintain 6-foot social distancing at recommendation of health services. Medical screening of officers is conducted by taking temperatures before going to work. Sending officers home to self-quarantine and test as needed. So far, no department member has tested positive for COVID. Fowler asked if prevention efforts had impaired operations or made the process more difficult. Pinkston stated not for officers, but definitely for citizens. Citizens were requested to come in to stations to fill out reports. The Department took more phone reports than normal. In general, more of an impact on the community. Fowler asked about the number of officers sent home. Pinkston said the number was not significant, approximately 20-30 over the course of the last two (2) months. Ailslieger inquired about increases in domestic violence. Pinkston said there has been a slight decrease in calls for service. Fowler noted lower level of activity on streets. Pinkston concurred, stating citizens are not frequenting businesses, restaurants, etc. 6. Policing Issues – Captain Nicholson and Sergeant Henderson Fowler wanted to talk about some issues seen in community and nationwide. Fowler asked to talk about police response to issues in couple of weeks along with policies and procedures the Department has in place to avoid issues to encourage a positive interaction. Pinkston expected a roundtable discussion. Nicholson worked on presentation for “8 Can’t Wait” regarding a general topic of policies in place to protect the community. Nicholson spoke about the “8 Can’t Wait” campaign which is a set of policies for police departments to consider with the goal of reduction of use of force. Captain Nicholson has served WPD for 26 years and 6 months, and is currently stationed at the Patrol South Bureau. The policy guidelines include: • Strangle Hold – The Department does not train in this technique. Regulation that governs that. Prohibits techniques unless deadly force is necessary. • De-escalation – been focus since 2016. Techniques to communicate without using force. Lot of success. Listening skills. 4.101E – reference. • Require warning before shooting – verbal warning should be used before deploying firearm and Taser. • Exhaust all means before shooting – deadly force only when deadly force is necessary. References regulation 4. • Duty to intervene – no policy specific to intervene. Implementing new language for use of force policy. • Ban shooting at vehicles – officers shall exercise good judgement. • Use of force continuing – policy restrictions • BlueTeam reporting – use of force reporting for using force or showing force. 3-6 times reviewed based on the type of forced used. Wichita Citizen Review Board June 11, 2020 Page 3 of 6 Sims asked if mediation is part of de-escalation. Do the officers try to mediate between two parties? Nicholson explained that officers don’t want to take one person’s side. Nicholson stated that officers want to understand both sides. Thompson asked if chokehold, stranglehold, or using a body part to force someone to give hands is supported by the department. Nicholson noted that while something could occur, there should not be a situation where they continue to apply pressure. Nicholson noted the officer may put their knee on a person’s back to gain compliance, but once handcuffs are on the force should then be removed. Thompson asked if the department was looking to make a policy for duty to intervene. Nicholson deferred answer to Sergeant Henderson. Sims asked if shooting at vehicles was permissible, if the vehicle is used as a weapon. Nicholson gave example of putting one’s self at risk versus using deadly force when needed to stop a vehicle. Fowler noted shooting at vehicle to stop from fleeing. Nicholson said that when protecting your life or life of others it is permissible to use deadly force. Bender asked if the “8 Can’t Wait’ was unique to the Wichita Police Department. Nicholson said the source is a national advocacy group. 8cantwait.org. aims for changes to use of force policy. Fowler asked if there is comparative data for use of force for Wichita Police Department versus other jurisdictions. Nicholson said the website references other cities and has this as part of policies. Sergeant Krys Henderson presented revisions to the Use of Force Policy. Sergeant Henderson has served WPD for 19 years and is assigned to the Patrol East Bureau as a community response supervisor. Thompson asked if the policy was recently drafted. Henderson said it is a working document with nothing finalized. Additions and revisions are to be made. Highlights to the policy will include: • Policy 906 will be inclusive for “8 Can’t Wait.” • Duty to intervene – clause, subsection E. how officers respond to incidents. • Requires officers to take appropriate action. • Implement rendering medical aide. Aid to people injured. New policy wanted to hit home deadly force used versus no deadly forced used. Sims asked if the term for unreasonable force is inclusive under the term excessive. Henderson answered that the term is kept underneath unreasonable force. Page 6 – B – item G – noted/reference. Item H includes a portion of the state statute incorporated into policy. No misunderstanding of what is expected. Page 7, regarding shooting at vehicles, states it is prohibited except when someone in the vehicle or the vehicle itself is being used as a deadly weapon. Wichita Citizen Review Board June 11, 2020 Page 4 of 6 Henderson reiterated that it is an ongoing document that they are working diligently to craft. Fowler asked about the timeline for completion. Henderson said the Chief would like to see it completed quickly. Henderson wants to make sure everything is correct and all-inclusive. Henderson and Chief wanted input on policy. Bender inquired about the plan for training once policy has been published. Henderson explained that there is constant training to improve. With the new policy, new training will be taking place. The Department will work hard to get everyone in line with the new policy and to eliminate issues going forward. Bender asked about warranting or requiring more in-depth training. Henderson agreed that some portions would require more in-depth training and that any revisions should have required training Sims asked if the Citizens Review Board will be able to see the final review. Henderson said yes. Fowler inquired about incorporating the duty to intervene within the culture of police department. Henderson said they are reviewing the training policy. Ailslieger asked if peer pressure existed and, if so, how it is balanced. Is there peer pressure of senior coworkers/officers? Are there concerns for young officers? Pinkston explained that every officer has been trained on-duty to intervene. It is covered during in-service training. He believes most officers don’t want the pressure, most officers don’t want the trouble, and officers want to intervene before it goes too far. Sims asked if brand new officers ride with senior officers. Fowler asked how training is performed for the duty to intervene. Pinkston said training is in a class format. Officers talk about the concept, engage in discussion about what went right versus what went wrong using videos, explaining different options, and re- view real life videos of interactions between officers and citizens. They discuss civil liability and the moral, legal, ethical duty to intervene. Thompson asked if there was any communication on defunding the departments. Pinkston clarified that questions about issues, such as those, should be directed to the City Manager or Mayor. Sims requested information regarding the ordering of citizens out of their vehicle for any reason. Is it addressed anywhere under policy? Are there officer safety concerns? Pinkston said the focus is on training officers to do things correctly. Pinkston likes to believe officers are doing what they are trained to do. 7. New Business – Chairperson Fowler Fowler asked the Board if there were items from last month to be addressed. Noted Sims’ items. Wichita Citizen Review Board June 11, 2020 Page 5 of 6 Bender asked about the status for study being conducted by Dr. Birzer. Pinkston said no status update had been given. Pinkston was unsure how far Dr. Birzer was allowed to proceed after COVID had shut down Wichita State. Pinkston stated he would look into the request. Sims asked if the next meeting will be back on the regular schedule for July 23rd. Fowler asked if there will be an executive session component of the meeting. Bean asked about location for the meeting stating libraries and other public locations remain closed. Bender noted he would like a review of Policy 901 on investigations. Sims requested access to Wi-Fi during the meeting. Rojas inquired about video. Pinkston was unsure but will verify. Sims said for the sake of community input, recommends option to state public comment. Fowler explained public agenda for those citizens who arrived to the meeting late. A public comment was made by Tipton (reflected on No. 3 of minutes). 8. Adjourn Sims made a motion to adjourn. Second by Bender. The motion passed unanimously and the meeting adjourned at 5:29 p.m. Wichita Citizen Review Board June 11, 2020 Page 6 of 6