Bellevue Releases Police Use Of Force Report, Seeks More Feedback

Bellevue WA

03 February, 2021

4:50 PM

Description

BELLEVUE, WA — Bellevue city officials on Wednesday released a draft report on police use of force policies, including nearly four dozen recommended changes to department practices. The 41-page report is the third step in a summer pledge made by the city council and signed by Mayor Lynne Robinson, committing to a "fresh look" at law enforcement policies amid summer protests against systemic racism and police killings. Bellevue's Office of Independent Review authored the report, consulting community feedback, and is seeking further input ahead of its final recommendations. According to the OIR, more than 200 residents registered for three virtual listening sessions leading up to the report, sharing their experiences with Bellevue police and ideas for areas of improvement. Nine other listening sessions focused on "stakeholder groups," and the city accepted feedback online and via a survey. In the report, officials said listening sessions and e-mails addressed use of force policies and included broader feedback on things like training, law enforcement culture and civilian police oversight. The survey results, meanwhile, were "overwhelmingly" in support of the department and against calls to defund police, the OIR wrote. The city sought feedback specific to use of force policies, including transparency, de-escalation practices, use of crowd control weapons and neck restraints. Other topics in the spotlight were establishing a "duty to intervene" policy that would compel officers to report colleagues that use excessive force. Among the 47 recommendations are changes to de-escalation and proportional use of force requirements, prohibiting chokeholds and vascular neck restraints, outfitting officers with body-worn cameras and clarifying rules guiding the use of tear gas. The city will accept additional feedback through Friday, Feb. 19 via e-mail, and residents are encouraged to complete a short survey online. Here are all 47 recommendations included in the OIR's draft report: 1 BPD should incorporate a provision into its policy manual stating its commitment to the sanctity and preservation of life and the dignity ofevery individual. 2 BPD should incorporate the concept of proportionality into its Use ofForce policy. 3 BPD should finalize its de-escalation policy. 4 BPD should create policy requiring officers to include in their forcedocumentation any efforts at de-escalation prior to using force and if noefforts were made, to explain the circumstances about why they werenot feasible. 5 BPD should create policy requiring supervisory review of forceincidents to evaluate any efforts officers made to de-escalate theencounter and if they used no de-escalation tactics or techniques, toconsider whether such efforts would have been feasible. 6 BPD should devise protocols that encourage supervisors to identify andcommend officers who use successful de-escalation strategies to avoiduses of force. 7 BPD policy should provide special guidance to its school resourceofficers that recognizes the particular importance of de-escalation in theschool environment and acknowledges the additional resourcesavailable to officers working in the schools. 8 BPD should expressly include in its policy language advising itsofficers of a duty to intervene when they observe an officer useunreasonable force. 9 BPD should expressly include in its policy language advising itsofficers of a duty to promptly report when they observe another officeruse unreasonable force or have intervened in order to prevent an officerfrom using unreasonable force. 10 BPD should consider revising or eliminating its duty of loyalty policy. 11 BPD should modify its force policy to require express documentationand supervisory review of whether reasonably effective alternatives toforce were considered or attempted. 12 BPD should modify its deadly force policy to prohibit the use of deadlyforce against an individual who only poses a danger to self. 13 BPD should modify its deadly force policy to include a requirementthat officers provide a warning before using deadly force, whenfeasible. 14 BPD should include the dates policies are revised or adopted with itsonline policy manual. 15 BPD should remove the neck hold as an authorized force option fromits policy manual. 16 BPD should modify its policy to advise officers of the dangers andineffectiveness of shooting at or from moving vehicles. 17 BPD should modify its policy to require officers to stay out of the pathof a moving vehicle and move out of the path of a moving vehicle andretreat to a place of safety when feasible. 18 BPD should modify its Use of Force policy to expressly include K-9bites as a use of force incident that is subject to all other forceprinciples and policies such as de-escalation and proportionality. 19 BPD should modify its policy to expressly include K-9 bites in theDepartment's force review process. 20 BPD should require a K-9 handler to obtain medical assistance for asubject as soon as possible after a K-9 use of force. 21 BPD should place its K-9 policy online. 22 BPD should revise policy to prevent simultaneous deployment ofmultiple Tasers on the same subject. 23 BPD should revise policy to restrict Taser applications to five secondactivations. 24 BPD should revise policy to require officers to reassess the threat levelbefore redeploying the Taser and limit the number of deployments tothree or less. 25 BPD should revise policy to set out the medical assistance requiredafter a Taser deployment including the removal of any prongs fromsubject. 26 BPD should eliminate the use of drive stun mode as a pain compliancemeasure. 27 BPD should set out the documentation and review requirements forTaser deployment including the downloading of Taser deploymentdata. 28 BPD should modify its policy to clarify the type of threat that justifiesERID deployment and make clear that they should not be used againsta passively resistive subject. 29 BPD should clarify its policy to define an "unruly" crowd or eliminatethe term from its policy. 30 BPD should modify its policy to require a warning and provide anopportunity to comply before ERID deployment. 31 BPD should develop policy that clarifies the type of resistance andthreat that justifies CS gas use that goes beyond "necessary." 32 BPD policy should require officers to provide a warning andopportunity to comply before the deployment of CS gas. 33 BPD should develop a demonstration and crowd control policy,balancing the exercise of First Amendment activity with interests inpublic safety. 34 BPD should publish on its website any munitions authorized for use byits Civil Disturbance Unit or SWAT team. 35 BPD should update its supervisory force review policy to correspond toits current practice and incorporate the supervisor "checklist" intopolicy. 36 BPD should develop policy to create a critical incident review boardthat would formally examine serious incidents through the prisms oftactics and decision-making, policy compliance, accountability,equipment, supervision, training, and post-incident management suchas timely provision of medical aid. 37 The City should consider outfitting its officers with body-worn cameraswhile also developing a policy governing their use that providespersonnel clear direction and guidance on camera activation,supervisory responsibilities, and the use of footage for investigative,audit and training purposes, as well as clear standards for the publicrelease of video footage. 38 BPD should delete its policy that indicates use of force report copiesshall not be retained after the review process is completed. 39 BPD should revise its policies to allow for the creation of an earlyintervention system with regard to uses of force and remove any currentlanguage prohibiting consideration of an officer's frequency of forceincidents. 40 BPD should regularly publish on its website its use of force data,broken down by types of force used, and demographics, and shouldinclude data on the extent to which alcohol, drugs, or the subject'smental health status played a role in the incident. 41 BPD should post its annual use of force report on its website. 42 BPD should post its Professional Standards Annual Report on itswebsite. 43 BPD should draft and implement an administrative investigativeprotocol for officer-involved deadly force incidents, prioritizing theDepartment's approach to administrative interviews of involvedofficers, and ensuring that BPD has a timely account from thoseofficers. 44 BPD should modify its Firearms Review Board provisions to ensurethat witnesses are formally interviewed rather than being called beforeany Board for fact gathering. 45 BPD should update the Firearm Review Board policy to provide acomprehensive review of shooting incidents that includes theperformance of all involved personnel (including supervisors and nonforce users) as well as issues of policy, training, tactics, supervision, planning and coordination, choice of force options, and post-incident conduct and performance. 46 BPD should update its "Mentally Ill Person" policy to correspond tocurrent practices and expectations. 47 BPD should develop policy and protocol to ensure that its AdvisoryCouncils are consulted regarding use of force policy revisions prior tobeing finalized.