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PRHSPSC PKT 05-08-2018City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 8, 2018 City Hall 5:00 P.M. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of April 10, 2018 Minutes B. Panther Lake Trail Construction C. Panther Lake Foot Bridge D. Ballistic Vest Partnership Grant E. Pierce Transit Extra Duty Police Services Agreement 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description A. REACH Center B. Police Training Review 6. ADJOURNMENT Presenter Page Action Council Bayard or Info Date 3 Action N/A Ikerd 5 Action Consent 5/15/18 Ikerd 9 Action Consent 5/15/18 Hwang 13 Action Consent 5/15/18 Hwang 15 Action Consent 5/15/18 Presenter Page Info Time Nick N/A Discussion 15 Minutes Bayard Hwang N/A Discussion 10 Minutes NEXT REGULAR MEETING: June 12, 2018 Committee Members City Staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administrative Assistant II Martin Moore K:\PRHSPS Committee\2018\05-08-2018 Agenda (1).doc This Page Left Blank Intentionally City of Federal Way City Council PARKS, RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 10, 2018 5:00 P.M. SUMMARY Committee Members in Attendance: Chair Johnson, and Committee members Koppang and Moore Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, John Hutton, Parks Director, Jeff Watson, Community Services Manager, and Mary Jaenicke, Administrative Asst. II. Guests: Charissa Eggleston, Co -Director of HYPE, Shay Coston, Leader of HYPE, Xochityl Maykovich, Political Director of Washington CAN, and Geoff Tallent, Rental Program Manager (Via Phone). Chair Johnson called the meeting to order at 5:00pm Commission Comment: None Public Comment: Darcy Alderman Store Director at the 320`h Safeway spoke about the challenges at this store location. She spoke about the large homeless population in the area and that there has been a lot of negative comments being blogged about her store. She wants Safeway and the City of Federal Way to work together to make it a safer place. Committee member Moore requested to add this item to the May agenda. BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the March 13, 2018 minutes as written. Committee member Moore seconded. Motion passed. COUNCIL DISCUSSION ON EMERGING ISSUES Federal Way Youth Action Team Clean-up Charrissa Eggleston introduced Shay Coston. Mr. Coston spoke about a Community Cleanup that is scheduled to take place on April 28 at 9:30am. They would like to make this a weekly event. The goal is to create awareness and start a conversation to eliminate littering. They want to make Federal Way a safe and clean environment. Ms. Eggleston stated at this time this is a volunteer event, and they are looking for funding support from the city and local businesses to pay the youth that are cleaning up the garbage. HYPE has funding for kids that are on probation or at risk of being on probation, and when somebody is in crisis. Funding for HYPE will end in June; it takes $30,000 to operate the HYPE program. Rental Inspection Ordinance Review Chair Johnson invited Brian Davis, the Community Development Director to this meeting, and the Mayor suggested that this item be brought to LUTC. Committee member Koppang stated that this item is at the LUTC meeting and that Community Development is working on it. Chair Johnson added that there have not been any formal presentations at LUTC because the presentations have been at the PRHSPSC meetings, and they did not want to duplicate. Committee member Moore asked if this program would no longer be discussed at the PRHSPSC meetings. Chair Johnson stated that it makes sense for this to be transferred to LUTC. The committee had a lengthy conference call with Geoff Tallent, the Rental Program Manager for the Rental Inspection Program. The purpose of the call was to ask questions about the Rental Inspection Program that he manages. K:\PRHSPS Committee\2018\04-10-2018 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 10, 2018 Summary Page 2 A lengthy follow-up discussion was held with Xochityl Maykovich, Political Director of Washington CAN. Committee member Moore would like this researched in a timely manner, and put measures in place that enhance the City's current ordinance. He would like to review the current ordinance at the May meeting and modify the language. Committee member Moore inquired what the timeline would be to change the language in the ordinance. Committee member Koppang stated that there has to be Council support and a budget to support the staff to implement the program. The idea of putting together a Council led task force was discussed, Chair Johnson stated that if there was a task force this could be looked at immediately instead of waiting for monthly committee meetings. Ms. Maykovich stated that she would like to city to take some tangible action, and put something in an ordinance sooner than later. Committee member Koppang stated that he is behind doing something, but the challenge is that staff has numerous things on their plate that are also urgent. We do not have staffing in place because of the budget issues to actually get to a lot of the issues that the city is facing as quickly as we want to. Mappine the Coalition This was tabled and will be discussed at the May meeting. Committee member Moore would like to have conversations instead of working off of the work sheet that was included in the April packet. Chair Johnson would like to bring in people that have more expertise in the issues that they are interested in. The purpose is to discuss an issue that is relevant to this committee that could- be brought forward. Committee member Moore would like to have the Chair invite people to the committee meetings so the committee knows what's going on at the ground level. The committee revisited the 320"' Safeway issue. Chair Johnson stated that it's more than a homeless issue. He wanted to know how to proceed. Committee member Moore said that Darcy should be invited to come back to the May committee meeting to discuss the issue further. Committee member Koppang stated that he is surprised that Safeway hasn't developed a program to deal with these kinds of issues that are happening across the country. Chief Hwang will be invited to the May meeting to discuss this. Committee member Moore would like to create a working meeting within the PRHSPSC meetings. This would get them on a path to working on solutions, policies and drive a direction. Chair Koppang stated that in the past the Council has given staff direction on what they want researched. He is concerned that Council can do a lot of work, but they're not the professionals on the subject matter, so the process may not be made shorter, they'll just get more educated. Committee member Koppang stated that the prior City Attorney stated that two people on a Council Committee cannot discuss committee business outside of the Committee meeting. He asked Mr. Rhoades to address the quorum rules. Committee member Moore would also like the committee to talk about panhandling. NEXT REGULAR MEETING May 8, 2018 ADJOURNMENT Meeting adjourned at 7:00p.m. SUBJECT: PANTHER LAKE TRAIL CONSTRUCTION POLICY QUESTION: Should the City Council award the contract to Native Green Landscapes for the construction of the Panther Lake Trail and authorize the Mayor to execute the contract? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: May 8, 2018 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT Parks __.....__...................._...._....._.__..__............_...__....._..—........._....................................................h......�'.._..._..... Attachments: Panther Lake Trail project memo and associated drawing. Options: Option 1. Award the contract in the amount of $644,665.00, which includes tax, for the construction of the Panther Lake Trail. Option 2. Do not award the contract and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: h.) DIRECTOR APPROVAL t 6'l8 ommit ee Counci Initis /Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the May 15, 2018 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to award the contract to Native Green Landscapes in the amount of $644,665. 00for the construction of the Panther Lake Trail and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2016 RESOLUTION # 5 `CITY OF Federal Way Parks Department Date: April 30, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Panther Lake Trail project Background: The Parks Department received authorization from City Council in 2017 to bid a trail improvement project around Panther Lake. Due to unforeseen delays with permitting and a problem relocating a PSE utility vault, the parking lot design needed to be adjusted so the driveway could avoid a major electric vault; therefore bidding did not occur until 2018. The City advertised for 3 weeks and sent invitations to 11 contractors to bid on the trail project. Only 2 showed up to an onsite pre-bid meeting: Royal & Sons Construction and Tony Lind Paving. When the bids closed April 24, the City received no bids. Staff learned after bid closing that Royal and Sons Construction was interested in performing the work but did not submit a bid because they could not secure sufficient bonding for the entire project. After reviewing City Purchasing policies, we are not required to re -bid but can negotiate a package price with an interested party if no bids were received. Royal and Sons Construction is interested in doing the project minus the pervious parking lot. The City could remove the pervious concrete portion of the work from the scope of work and bid it separately as it is not time sensitive and weather dependent like the trail is and would be one of the last tasks performed. Royal & Sons Construction will contract with Native Green Landscapes who has bonding capacity and would hold the contract. Native Green Landscapes has submitted a price to perform all the project specifications minus the pervious concrete in the amount of $644,665.00. This price is well within the engineer estimate for the scope of work they would provide. Available Budget: CIP Paths & Trails current balance - $1,082,602 — (includes King County Trail Levy) these funds can only be used on trail projects. Trail project summary: Contech Engineering Solutions, LLC - $35,318.00 —footbridge Native Green Landscapes -------------- $644,665.00 — Trail construction Pervious concrete parking lot ---------- $132,000.00 — engineer estimate Balance of misc. project work ---------- $210,000.00 — Utilities, fixtures, landscape, signs, $1,021,983.00 special inspection, & contingency. Recommendation: City Council to award the contract to Native Green Landscapes in the amount of $644,665.00 including tax and authorize the Mayor to execute the contract. This Page Left Blank Intentionally COUNCIL MEETING DATE: May 15, 2018 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PANTHER LAKE TRAIL FOOTBRIDGE POLICY QUESTION: Should the City Council accept a responsive bid for a 50' long footbridge for the Panther Lake Trail improvement project from Contech Engineering Solutions and allow the City to enter into a purchasing agreement? COMMITTEE: PRHSPS MEETING DATE: 5/8/18 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: Parks ............. _........................-.........._._..._......_............_._......_........_............................................. _........._..__.P......n'........................._........................................................................................................._.......... ................................................... ._._............. . --....--.... _..... -...................... _ Background: This footbridge is part of a new loop trail improvement project located at Panther Lake. Attachments: Panther Lake Trail project memo and project drawing. Options: Option 1. Accept the bid from Contech Engineering Solutions and award the purchase in the amount up to $35,318 which includes tax and 10% contingency for the purchase of a 50' footbridge and approve the use of CIP funds. Option 2. Do not approve the purchase of a 50' footbridge and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: C 1_�{ Initial/Date // Initial/Date RECTOR APPROVAL: j'S1 ' 01 Initial/Date COMMITTEE RECOMMENDATION:1 move to forward the bid acceptance and use of CIP funds to make the purchase of a 50' footbridge from Contech Engineering Solutions in the amount up to $35,319 and allow the City to enter into a purchasing agreement to the May 15, 2018 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move acceptance of the bid and use of CIP funds to make the purchase of a 50' footbridge from Contech Engineering Solutions in the amount up to $35,319 and allow the City to enter into a purchasing agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2016 RESOLUTION # ` CITY OF '�.... Federal Way Parks Department Date: April 25, 2018 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Panther Lake Trail footbridge purchase Background: The Parks Department received authorization from City Council in 2017 to bid a trail improvement project around Panther Lake. Due to unforeseen delays with permitting and a problem relocating a PSE utility vault, the parking lot design needed to be adjusted so the driveway could avoid a major electric vault; therefore bidding did not occur until 2018. As part of the loop trail design a 50' pedestrian footbridge was included to keep the trail within a woodland setting and cross over a ravine with a seasonal stream. In order to be able to coordinate the timing of the entire project within the dry season it was determined it best for the City to bid and purchase the footbridge so it would be available for the construction contractor to install with the rest of the trail project. In addition to controlling timing this purchase will also realize a cost savings for the bridge element. Bid results prior to tax and contingency: 1. Contech Engineering Solutions, LLC -$29,204.00 2. Big R Bridge -------------------------------- $31,392.90 3. Bridge Brothers ---------------------------- $35,117.00 4. RTI Bridge -----------------------------------$49,500.00 Bridge purchase summary: Contech Engineering Solutions, LLC - $29,204.00 2,904.00 — 10% tax 32,108.00 3,211.00 — 10% contingency $35,318.00 Available Budget: CIP Paths & Trails current funds - $1,082,602 — (including King County Trail Levy) these funds can only be used on trail projects. Recommendation: City Council to accept the bid from Contech Engineering Solutions for the purchase of a 50' long footbridge in the amount up to $35,318 and approve the use of CIP trail levy funds. 10 SOCIAL TRAIL SECTION :I I lj\ I I I I I I I I I I I / L TRAIL INTERSECT NT WITH SPA TRAIL EXISTING EARTH DAM TA OX. EQUIP. ACCESS POINT ONTO THE SPA TRAIL NEW TRAIL NEW FOOT BRKM NEW 38 STALL PARKING LOT I, I COUNCIL MEETING DATE: May 15, 2018 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ballistic Vest Partnership (BVP) Grant. POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department apply for the 2018 Ballistic Vest Partnership (BVP) Grant; and, if awarded, accept the Grant with matching City funds? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: May 8, 2018 Council Committee (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kristen Gregory, Quartermaster DEPT: Police Department ............................................................................_._... �_ ....._._._.............._.... .�'. Q.._ ..........._...................... __. Attachments: 1. PRHS&PS Memo Options Considered: 1. Approve the Federal Way Police Department application for the 2018 BVP Grant, and acceptance of the Grant if awarded. 2. Deny Application MAYOR's RECOMMENDATION: 1 Approve the 2018 BVP Grant MAYOR APPROVAL: /.� �//I A // St' UU `-fl eh DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the 2018 Ballistic Vest Partnership (BVP) Grant application and acceptance request to the May 15, 2018 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2018 Ballistic Vest Partnership (BVP) Grant application with matching City funds, and authorize Police Chief Andy Hwang to sign such Agreement if awarded. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 13 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 8, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2018 Ballistic Vest Partnership (BVP) Grant Funds. The Federal Way Police Department has a ballistic vest mandatory wear policy for all officers. As the vests expire (every 5 years), the department purchases replacement vests. By 4/31/2020, it is estimate that the Federal Way Police Department will need to purchase 56 ballistic vests. Each vest will cost approximately $1200.00. The total cost to the City of Federal Way is estimated to be $67,200.00. The purpose of the Bulletproof Vest Partnership (BVP) Program is to reimburse up to 50% of the cost of body armor vests purchased for law enforcement officers. The 2018 BVP award amount will be announced and available in the 3�d quarter of 2018. Awarded funds will expire on 8/31/2020; City matching funds will be taken from the Police Uniform budget. The Federal Way Police Department is seeking approval to apply for the Ballistic Vest Partnership Grant during the 2018 application period and that matching funds be set aside if awarded. 14 COUNCIL MEETING DATE: May 15, 2018 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pierce Transit Extra Duty Police Services Agreement POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into an Agreement with Pierce Transit for Extra Duty Police Services? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: May 8, 2018 Council Committee (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Sum ter Deputy Chief of Police DEPT: Police Department _......._._ ..................... ----.._.._.................y.-__._____.....P........_._._........ __P..._.�................-.................__.._............_................................... ....................... _........_._.................. ---......._..... __................-......._......._..__... _._.... _.........._........................ Attachments: 1. PRHS&PS Memo Options Considered: 1. Enter into an Extra Duty Police Services Agreement witli Pierce Transit 2. Do not enter into an Agreement MAYOR'S RECOMMENDATION: 1 Enter into an MAYOR APPROVAL: for Extra Duty Police Services with Pierce Transit R APPROVAL: Com ittee imcdd {/ Initial COMMITTEE RECOMMENDATION: I move to forward the Pierce Transit Extra Duty Police Services Agreement to the May 15, 2018 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 1 move approval of the Pierce Transit Extra Duty Police Services Agreement, and authorize Police Chief Andy Hwang to sign such Agreement. 15 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 15 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 8, 2018 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Pierce Transit Extra Duty Police Services Agreement Pierce Transit has requested Federal Way Police Officers to work extra duty at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities and properties in Federal Way, Washington. The term of the agreement would be June 1, 2018 through December 31, 2018. Pierce Transit has agreed to pay an overtime rate of $71.17 per hour for each officer working in 2018 and beginning in January 2019 the hourly rate shall increase by the same percentage of pay increase given to the Police Guild Officers. The extra duty hours would be three (3) hours in the early morning and (3) hours in the evening. The officers would be working off duty hours so this would not impact the police services for the Federal Way Police Department, it would in fact enhance our services since Federal Way Officers would be working, in uniform, at various Pierce Transit sites and facilities. 16 CONTRACT NO. City of Federal Way EXTRA DUTY POLICE SERVICES AGREEMENT This agreement is made and entered into this day of 2018 by and between the City of Federal Way, Washington (hereafter "City") and Pierce County Public Transportation Benefit Area Corporation (hereinafter "Pierce Transit"). WHEREAS, Pierce Transit's operations occur in and around the City; WHEREAS, Pierce Transit seeks to contract with the City for police related services or assistance to support Pierce Transit's system; and WHEREAS, the City normally has resources available and is able to provide duly commissioned law enforcement officers to provide police related services to Pierce Transit subject to the terms and conditions set forth in this Agreement and the approval of the City's Chief of Police or Designee; and WHEREAS, the duly commissioned officers who may provide such service will be assigned to extra duty under this contract during their off-duty hours which will not conflict with their law enforcement obligation to the City; and WHEREAS, the parties intend that the City be reimbursed, as nearly as possible for its cost of providing policing services to Pierce Transit and that there shall be neither profit nor subsidy in the rates for such services; and WHEREAS, the parties are authorized to enter into this agreement by virtue of RCW 39.34 and 35.02.225; NOW, THEREFORE, the parties agree as follows: 1. PURPOSE. The purpose of this agreement is for the City to provide Pierce Transit with law enforcement services through the Federal Way Police Department (FWPD). It is the intent of all parties that the services provided herein shall be provided in conjunction with the Pierce County Sherriff's Department to provide law enforcement services to support Pierce Transit's system. 2. SCOPE OF PERFORMANCE. The City shall provide Pierce Transit with extra duty police officer services upon request by the Pierce Transit Chief of Public Safety. The parties acknowledge that the number of officers and number of hours requested by Pierce Transit may fluctuate depending on Pierce Transit's needs, and the City's Chief of Police and Pierce Transit's Chief of Public Safety shall work PT- Federal Way PD ILA 17 together to determine the appropriate staffing level. Service provided by the City will be as is generally described below: (a) Number of officers: As requested by Pierce Transit subject to the approval of the City's Chief of Police. For planning purposes in the first year of this Agreement, the City should plan to have at least one (I) officer per shift, per day available to support this Agreement. (b) Hours and dates to be worked: In the first year of this Agreement, Pierce Transit anticipates requesting services on all days throughout the year of the contract from 0445 to 0745 and 2100 to 2400 each day or as determined by Pierce Transit otherwise. (c) Specific location of service. As requested by Pierce Transit, subject to the approval of the City's Chief of Police. Pierce Transit requests service at the Federal Way Transit Center (31621 23rd Ave S., Federal Way, WA.) and Pierce Transit vehicles, bus routes, bus stops, facilities and properties located in the City. (d) Duty of Officers: The officers assigned to support Pierce Transit pursuant to this agreement shall provide law enforcement services for and at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities and properties and throughout Pierce Transit's system located within the City. Such services shall include but are not limited to addressing issues of safety and security, responding to calls for service, conducting criminal investigations, making arrests, writing official reports, and issuing exclusion orders as well as monitoring activities at or on various Pierce Transit stations, vehicles, bus routes, bus stops, facilities, properties, and parking lots. Service also includes ensuring the safety and security of the patrons, employees, staff and visitors to the various Pierce Transit stations, vehicles, bus routes, bus stops, facilities and properties. FWPD officers are expected to be at Pierce Transit locations within the City serving as a visual deterrent and liaison to the patrons and employees for a majority of the work shift. These services shall be provided in full uniform and shall be accompanied by a marked or other authorized police vehicle. It is the expectation of the parties that the officers scheduled for a pre- determined shift will be present to complete his/her shifts, except for the following circumstances: agency callback, late call/report from primary employment, family emergency, personal illness, all of which will be considered excused. The officers understand that it is their responsibility to make appropriate notification to FWPD management and attempt to find a replacement for their shifts. (e) The City shall furnish and supply all necessary personnel, supervision, equipment, uniforms, communication equipment, vehicles and supplies PT -Federal Way PD ILA Page 2 of 8 18 necessary to maintain the level of service to be rendered hereunder, and shall pay all salaries and employee benefits and other costs in connection therewith. (1) The City shall maintain all records relating to the administration of this agreement and staffing for same, provided that Pierce Transit shall have access to all records (excluding personnel records) relating to this agreement and/or law enforcement services provided to Pierce Transit upon request. (g) While working for Pierce Transit, officers will monitor and respond to radio calls for service within the City that originate from Pierce Transit. Pierce Transit will designate a Primary Talk group that officers must listen to and respond to calls for service. 3. ADMINISTRATION OF PERSONNEL. All personnel assigned to Pierce Transit shall be employed by the City and governed by the City and FWPD laws, rules, policies and collective bargaining agreements. Recruitment, replacement, and performance of all personnel shall be in accordance with such City laws, rules, policies, and agreement; provided however, that Pierce Transit may communicate performance concerns of City personnel to the City. Any assignment or re -assignment of personnel will be in the sole discretion of the City's Chief of Police. 4. CONTRACT TERM. The term of performance of the contract shall be from June 1, 2018 through December 31, 2018. Either party may terminate this Agreement for any reason and at any time when, in its sole discretion, it is in the best interest of the terminating party, by giving one hundred twenty (120) days prior written notice to the other party. The term of this agreement may be extended only upon the mutual written agreement between the parties, and subject to approval of their governing boards. 5. COMPENSATION. Pierce Transit shall pay the City as full reimbursement for all police services furnished under this contract a fee of $71.27 per hour, per officer, in calendar year 2018. On Independence Day holiday (July 4) the hourly rate shall be $95.03. Beginning January 1, 2019, the hourly rates shall be increased by the same percentage of pay increase in the Federal Way Police Guild bargaining agreement with the City. It is agreed upon that officers will be paid in 1/6 of an hour increments during times when officers work beyond their assigned shifts to complete reports, transports or other law enforcement duties that are Pierce Transit related. PT -Federal Way PD ILA Page 3 of 8 19 6. PAYMENT. Pierce Transit shall reimburse the City for law enforcement services described herein pursuant to the all-inclusive payment rate shown above. The City shall invoice Pierce Transit on or about the 15th of the month following the service and include detailed service information, including actual service hours and all-inclusive hourly rate per officer. Payment shall be made by a check payable to the City of Federal Way and sent to the City within thirty (30) calendar days after receipt of invoice. Payments will include a processing fee of $10.00 per month. Payments to the City that are received later than thirty (30) days following the invoice dates shall accrue interest at the rate of twelve percent (12%) per annum on the balance due. All payments shall first be applied to the accrued interest. Pierce Transit shall not be financially liable for scheduled law enforcement services which are not actually performed if non-performance occurred because an officer was unable to complete his shift. However, Pierce Transit is financially liable for scheduled law enforcement services at the designated hourly minimum in all other circumstances. 7. COORDINATION WITH CHIEF OF PUBLIC SAFETY. Pierce Transit has or will be contracting with Pierce County Sherriff s Department to provide a Chief of Public Safety who will be responsible for coordinating the daily delivery of policing services to Pierce Transit in conjunction and cooperation with the City and any other applicable law enforcement agencies. Pierce Transit reserves the right to directly hire a Chief of Public Safety as a Pierce Transit employee. The Chief of Public Safety will be tasked with coordinating all law enforcement efforts along with the City's FWPD officers. It shall be the responsibility of the Chief of Public Safety to determine the appropriate coverage, amount of hours, and type of work needed by FWPD officers to support Pierce Transit's system. The Chief of Public Safety will coordinate with the City's Chief of Police as needed, to ensure appropriate levels of law enforcement coverage for Pierce Transit. 8. DUTY STATUS. Each police officer assigned to work, pursuant to this contract, is subject to call or assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time for emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe or interfere with the officer's primary obligations associated with his or her employment obligations to the City. PT -Federal Way PD ILA Page 4 of 8 20 9. ADHERENCE TO CITY POLICIES AND PROCEDURES -SCOPE OF WORK. Police officers engaged in extra duty employment are obligated to discharge all duties of their office and adhere to the City's police department policies and procedures at all times. Such officers shall obey, uphold and enforce the laws of the City and State of Washington and the Constitutions of the State of Washington and the United States of America at all times. Such officers shall understand that while they are on duty or engaged in extra duty assignment under this contract, they may remain subject to the supervision, direction, and/or discipline by the City, and subject to any applicable collective bargaining agreement in effect with the City. Police officers performing work pursuant to this contract shall only provide law enforcement/peacekeeping services as specified in Section 2(d) of this contract and they are at all times while performing said services subject to the direction and control of the City police department only. I0. ACTIVITY REPORTS. Upon request, the City will provide reports to Pierce Transit, through the Chief of Public Safety on criminal activity within the City of Federal Way on or involving Pierce Transit's system. Extra duty officers assigned by the City will report their daily activities for those hours worked in the Pierce Transit system pursuant to this Agreement. Pierce Transit will provide the City with an electronic activity reporting tool if needed. 11. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS. Police officers on extra duty assignment have a primary obligation to the City, not Pierce Transit. They are expected to discharge all duties of their office while performing pursuant to this contract and are not required to perform any non -law enforcement/peacekeeping functions for Pierce Transit. Furthermore, this contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to this contract are the same in extent and scope as those provided by police officers to every member of the public. 12. NONDISCRIMINATION. The parties shall not discriminate on the basis of race, color, sex, religion, national origin, creed, age or the presence of any sensory, mental or physical handicap. The City and Pierce Transit certify that they are Equal Opportunity Employers. 13. INDEPENDENT CONTRACTOR. The City is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between Pierce Transit and the City or any of the City's agents or employees. The City shall retain all authority for rendition of services, standards ofperformance, control of PT -Federal Way PD ILA Page 5 of 8 21 personnel, and other matters incident to the performance of services by the City pursuant to this Agreement. Nothing in this agreement shall make any employee of Pierce Transit a City employee or any employee of the City a Pierce Transit employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title5l RCW, or any other rights or privileges accorded City or Pierce Transit employees by virtue of their employment. 14. INSURANCE COVERAGE. The City shall maintain at all times during the course of this agreement a general liability insurance policy or other comparable coverage with a self-insured retention of no more than $500,000.00 and a policy limit of no less than $5,000,000.00 dollars. 15. LIABILITY AND INDEMNIFICATION. Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees or officers. While providing services hereunder, the acts or omissions of extra duty officers in the course and scope of supporting or otherwise providing services to Pierce Transit under this Agreement shall be deemed to be acts or omissions of City employees which shall be the sole responsibility of the City. Each party shall be responsible for its own negligence and that of its employees. Each party shall defend, indemnify and save harmless, the other party or the other party's officers, employees and agents from any and all costs, claims, judgments or awards of damages, resulting or arising from the acts or omissions of the indemnifying party, its officers or employees arising out of or in connection with the performance of this agreement. This indemnity provision shall survive the expiration or termination of this Agreement. 16. DISPUTE RESOLUTION. In the event of a dispute in the administration of this agreement, Pierce Transit CEO or her designee shall discuss the dispute with the City's Chief of Police in an attempt to resolve the problem. If Pierce Transit CEO and the City's Chief of Police are unable to resolve a claim or dispute stemming from this Agreement, the parties agree to participate in non-binding mediation before a third party professional mediator, whose selection will be mutually agreed upon. The cost of mediating the dispute will be borne equally by both parties, and mediation should occur within thirty (30) days of a request by either party to engage in mediation. No claim or suit may be brought until the dispute resolution procedures as set forth in this section have been exhausted. If dispute resolution efforts under this section are not successful, either party may institute legal action to enforce the terms and conditions of this agreement. Exclusive jurisdiction for any such dispute shall be Pierce County Superior Court in Tacoma, Washington. PT -Federal Way PD ILA Page 6 of 8 22 17. NOTICES All notices and other material to be delivered under this contract shall be in writing and shall be delivered or mailed to the following address: City of Federal Way 33325 8`h Ave. S. Federal Way, WA 98003 Attn: Chief of Police Pierce Transit 3701 96t' St. SW Lakewood, WA 98499 Attn: Chief Operations Officer Pierce Transit 3701 96`" St. SW Lakewood, WA 98499 Attn: General Counsel Or such other addresses as either party may, from time to time, designate in writing. 18. SIGNATURES. The parties agree that all signatures, whether original, copy or faxed on this agreement will be considered originals. 19. SEVERABILITY. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 20. CONFLICTS. In the event of a conflict between any other agreements between the parties including, this Agreement shall govern. 21. ENTIRE AGREEMENT. No modification or amendment of this contract shall be effective unless in writing and signed by authorized representatives of the parties after approval of their respective governing body. This contract contains the entire agreement between the parties and may not be enlarged, modified or altered except in writing signed by the parties. PT -Federal Way PD ILA Page 7 of 8 23 In WITNESS hereof, the parties have executed this Agreement on this date, the day of May 2018. CITY of FEDERAL WAY Andy J. Hwang, Chief of Police / Date Attest: Stephanie Courtney, City Clerk / Date Approved as to legal form only: Ryan Call, City Attorney / Date PT -Federal Way PD ILA Page 8 of 8 24 PIERCE TRANSIT Sue Dreier, Chief Executive Officer Deanne Jacobson, Clerk of the Board / Date Approved as to legal form only: Dana A. Henderson, General Counsel / Date May 8, 2018 PRHS&PS Committee Meeting Federal Way Police Department's Bias -Based Training Comprehensive Plan: The Police Department provides fair and impartial policing by using a comprehensive approach to identifying unintended bias and reducing its impact. 1. Education and Training: Annual bias -based training is provided to all department members. The Department reviews all of its training to insure that no bias has unintentionally been included in the training program. 2. Recruiting and Hiring: The Police Department and the Human Resources Department work closely together to evaluate hiring processes and eliminate any adverse impacts to minorities. The Department takes several steps to increase the pool of minority candidates for positions within the Police Department. The background process also screens applicants for any indication of overt biases (includes psychological and polygraph examinations). 3. Outreach to Diverse Communities: Representatives of the Police Department maintain communications with several community minority groups. Continual work to build relationship with our citizens. Included in the packet: • Bias -Based Training Memorandum from CALEA Coordinator Lisa Sjoden • Department standard 1.2.9 on Fair and Impartial Policing • 2017 & 2018 training material • Department Mission Statement and Guiding Principals The department members also receive on-going training on de-escalation and ethics training. In addition, the Chief of Police meets with all department members annually to share the goals and objectives for the year, as well as expectations for all members. 2017 Fair & Impartial Policing Review Page 1 of 1 4ik CITY OF FEDERAL WAY Federal Way POLICE DEPARTMENT To: Andy J. Hwang, Chief of Police Via Chain of Command From: Lisa Sjoden Date: April 19, 2018 Subject: Bias -Based Training Per MOS 1.2.9, the Professional Standards Section conducts an annual review of all citizen complaints, investigative detentions, traffic stops, arrests and property seizures conducted by police officers in order to identify possible biases, intentional or unintentional, being used by individual officers. Police contacts by Federal Way Officers are based on a standard of reasonable suspicion or probable cause based on behavior. Complaints: An agency -wide review for 2017 revealed there were no bias -based complaints filed. During 2017, there were no indications through the Early Warning System or from supervisory staff that any personnel displayed any type of bias -based behavior. Administrative Reviews, which include all uses of force, pursuits and collisions, are reviewed and tracked by Professional Standards. This process has not revealed any biases with individual officers or deficiencies in our department policies. We continuously review our policies and procedures and have found no need to update any related policies or associated practices. All policies continue to reflect zero -tolerance for any kind of bias -based behaviors. Mandatory training occurs on this subject annually and is also covered with all new hire employees. Community Outreach Events: Continuing our efforts in 2017 to reach out and connect with our community, the police department was instrumental in facilitating our participation in the national, "Coffee With A Cop" program at various coffee house venues around the City. Police employees participated in each of these events, all of which were well attended. These events provided opportunities for citizens to hear pertinent information about what was going on within the city, as well as the chance to ask questions of government and police representatives. At the 'Neighborhood Connection' events, sponsored by the Mayor's office, police personnel presented relevant crime statistics information along with other safety related topics and were available to answer questions from the public. Racial profiling or bias -based complaints/issues 2017 Fair & Impartial Policing Review Page 1 of 3 did not arise at any of these public events or through any other means of communication available to citizens. We continue, at every opportunity, to reach out to our community members and to ensure we recognize that fair and impartial policing is more than something we simply talk about. Police Chief Andy Hwang continues to participate in quarterly meetings with the Korean community and with African-American leaders; SOU officers reach out to connect with our very culturally diverse business community; Crime Prevention Specialists participate in multiple public events such as the "Citizen's Academy", 'Touch -a -Truck', 'Break the Chains of Human Trafficking', 'Coffee with A Cop', the 'Positive Ticket Program' and 'National Night Out Against Crime'. School Resource Officers stay involved with clubs at the schools (e.g., Latino club, CSI club), making connections and reaching out to aii community members to build relationships. MOS 1.2.9 Fair and Impartial Policing Principle: The Federal Way Police Department is committed to provide fair and impartial policing. This standard is intended to clarify the circumstances in which officers can consider race or ethnicity when making law enforcement decisions, and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in an equitable manner. In order to be effective we must be trusted and deal with both the reality of the difficult and complex job of policing and the perception of police work. The Department uses a comprehensive approach to reach this goal. Practice: Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, nonconsensual searches, and property seizures. Except as provided below, officers shall not: • Consider race, ethnicity, gender, sexual orientation, or religion in establishing either reasonable suspicion or probable cause. • Consider race, ethnicity, gender, sexual orientation, or religion in deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search. • Consider race, ethnicity, gender, sexual orientation, or religion to provide preferential treatment in the performance of their police duties. e Consider the fact that an individual is riding or rides a motorcycle or wears motorcycle -related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle (reference RCW 43.101.419). Officers should take into account the reported race, ethnicity, gender, sexual orientation, or religion of a specific suspect or suspects based on trustworthy, locally relevant information that links a person or persons of a specific race, ethnicity, gender, sexual orientation, or religion to a particular unlawful incident. Race, ethnicity, gender, sexual orientation, or religion can never be used as the sole basis for probable cause or reasonable suspicion. The fact that an individual is riding a motorcycle or wearing motorcycle -related paraphernalia shall be taken into account the same as race, ethnicity, gender, sexual orientation, or religion as outlined above, to include any enforcement action, which shall be based upon violations of the law. 2017 Fair & Impartial Policing Review Page 2 of 3 A. Training: Officers receive training regarding fair and impartial policing, how to avoid unintended biases while aggressively enforcing the law, and the ramifications of biases in policing or the perception of bias. Officers also receive training in cultural diversity and other topics to help mitigate an individual's perception that he/she is being stopped solely due to a bias and not due to their actions. B. Corrective Measures: All police supervisors are expected to remain cognizant of the need to identify trends in an officer's activity that may indicate bias and to address it through progressive discipline when necessary. C. Annual Review: The Police Department conducts an annual review of all citizen complaints and monitors other department practices in order to identify any biases being used by individual officers or supported by department principles and/or practices. D. Comprehensive Plan: The Police Department attempts to provide fair and impartial policing by using a comprehensive approach to identifying unintended bias and reducing its impact. 1. Education and Training: In addition, to the training provided above the Department reviews all of its training to insure that no bias has unintentionally been included in the training program. 2. Recruiting and Hirinf: The Police Department and the Human Resources Department work closely together to evaluate hiring processes and eliminate any adverse impacts to minorities. The Department takes several steps to attempt to increase the pool of minority candidates for positions within the Police Department. The background process also screens applicants for any indication of overt biases. 3. Outreach to Diverse Communities: Representatives of the Police Department maintain communications with several community minority groups. 2017 Fair & Impartial Policing Review Page 3 of 3 Federal Way Police Department Chapter #1 B. Body Cavity Searches: Due to numerous legal restrictions regarding the manner in which body cavity searches are performed (RCW 10.79.100) body cavity searches will be performed pursuant to the policies and procedures at SCORE by trained personnel. An exception may occur if the person arrested is admitted to a medical facility. In this case, the officer coordinating the search shall review RCW 10.79.080 and 10.79.100 and insure compliance to the standards provided in the law. Practice — Written Report / RCW 10.79.080: Whenever a strip search or a body cavity search is performed, the officer responsible for the searches shall prepare a report that includes the below listed information. • A copy of the written authorization from a supervisor/patrol commander • A copy of the search warrant and/or supporting documentation • The name and sex of all Persons conducting or observing the search • The time, date, place, and description of the search V • A statement of the results of the search and a list of any items removed from the person as a result of the search 1.2.9 Fair and Impartial Policing Principle: The Federal Way Police Department is committed to provide fair and impartial policing. This standard is intended to clarify the circumstances in which officers can consider race or ethnicity when making law enforcement decisions, and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in an equitable manner. In order to be effective we must be trusted and deal with both the reality of the difficult and complex job of policing and the perception of police work. The Department uses a comprehensive approach to reach this goal. Practice: Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, nonconsensual searches, and property seizures. Except as provided below, officers shall not: • Consider race, ethnicity, gender, sexual orientation, or religion in establishing either reasonable suspicion or probable cause. • Consider race, ethnicity, gender, sexual orientation, or religion in deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search. • Consider race, ethnicity, gender, sexual orientation, or religion to provide preferential treatment in the performance of their police duties. • Consider the fact that an individual is riding or rides a motorcycle or wears motorcycle -related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle (reference RCW 43.101.419). Officers should take into account the reported race, ethnicity, gender, sexual orientation, or religion of a specific suspect or suspects based on trustworthy, locally relevant information that links a person or persons of a specific race, ethnicity, gender, sexual orientation, or religion to a particular unlawful incident. Race, ethnicity, gender, sexual orientation, or religion can never be used as the sole basis for probable cause or reasonable suspicion. The fact that an individual is riding a motorcycle or wearing motorcycle -related paraphernalia shall be taken into account the same as race, ethnicity, gender, sexual orientation, or religion as outlined above, to include any enforcement action, which shall be based upon violations of the law. A. Training: Officers receive training regarding fair and impartial policing, how to avoid unintended biases while aggressively enforcing the law, and the ramifications of biases in policing or the perception of bias. Officers also Effective Date: 01101102 Revision Date: 03-04-02 06-09-03 04-27-07 08-23-16 04-04-02 05-12-03 06-03-09 08-25-02 03-01-05 09-14-12 Federal Way Police Department Chapter #1 receive training in cultural diversity and other topics to help mitigate an individual's perception that he/she is being stopped solely due to a bias and not due to their actions. B. Corrective Measures: All police supervisors are expected to remain cognizant of the need to identify trends in an officer's activity that may indicate bias and to address it through progressive discipline when necessary. C. Annual Review: The Police Department conducts an annual review of all citizen complaints and monitors other department practices in order to identify any biases being used by individual officers or supported by department principles and/or practices. D. Comprehensive Plan: The Police Department attempts to provide fair and impartial policing by using a comprehensive approach to identifying unintended bias and reducing its impact. 1. Education and Training: In addition, to the training provided above the Department reviews all of its training to insure that no bias has unintentionally been included in the training program. 2. Recruiting and Hiring: The Police Department and the Human Resources Department work closely together to evaluate hiring processes and eliminate any adverse impacts to minorities. The Department takes several steps to attempt to increase the pool of minority candidates for positions within the Police Department. The background process also screens applicants for any indication of overt biases. 3. Outreach to Diverse Communities: Representatives of the Police Department maintain communications with several community minority groups. 1.2.10 Audio Recording During Police Contacts / Investigations Principle: In the best interest of serving justice, the Federal Way Police Department will authorize the audio recording of certain police contact with citizens. Such recordings will often result in valuable information as to the tone and emotions of events that a written report is unable to provide. Plus, recordings often discourage citizens from making false allegations against an officer thus conserving the resources dedicated to investigating such accusations. Therefore it will be the practice of the Federal Way Police Department to permit officers to audio record contacts and/or investigations within the following guidelines. IN NO WAY SHOULD THIS BE CONSTRUED AS A MANDATORY EXPECTATION THAT ALL CONTACTS/INVESTIGATION WILL BE RECORDED. The officer will use discretion as to when to perform audio recording to best serve the interest of justice as described above. Applicable Laws and Case Law: A. RCW 9.73.030 — Intercepting, recording, or divulging private communication — consent required.' "...It shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:" 1. Private communication transmitted by telephone, telegraph, radio, or other device... 2. Private conversation.... 3. Without first obtaining the consent of all the participants in the communication or conversation. a. Consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such ' Only excerpts of the law Effective Date: 01101102 Revision Date: 03-04-02 06-09-03 04-27-07 08-23-16 04-04-02 05-12-03 06-03-09 08-25-02 03-01-05 09-14-12 12 —S (A rD D r.+ v,e m� I, qv r(D V ) ZT O O � V) (D L/) r -t O 75 O � e—t (D r -t (D 0— iS V) C1) r� m� (n O C m� ` v® D T r# 3 �Z3 rD O (D cu O r -F 0 CB m1 O O -h � 9 CD C) fD (D (D 3 CD O rr-r O J .. (DD D O M s ZY- O O/ (D CD O CD O OL)® D C ii ^�• �\ ( ✓ —f�' l / `,I -0 O = �. CD C7 0 Z3 o� rD <. L � �< CL�� O (D �(D ®�� O� U)— (n r -F rD 7 C l T J t D —S (A rD D r.+ v,e m� I, qv r(D V ) ZT O O � V) (D L/) r -t O 75 O � e—t (D r -t (D 0— iS V) C1) r� m� (n O C m� ` v® D T r# 3 �Z3 rD O (D cu O r -F 0 CB m1 -o 2 Bias Policing CALE-A Standard 1.2.9 - 1.2.9 Congratulations, you have passed this course! Instructions:'.. , -.. -- :;2a,'o�e7er„p,;cnrr;c,;cs5asedpro`?ingwuesincluding regalaspects. Certificates Awarded 12.9 Bias Policing Course Overview 0 Vievi Details in Certificate History Name Description Completion Date Score J Read 1.2.9 Fair and Impartial Policing Bead the highlighted script in MOS 1.2.9. 3/1/2018 9.00:32 r r r r r (highlighted) AM V Video 1------ -------------------------------- 3/1120189:16:15 AM ----- ._._...--- -- .._.... -...._.._..._._.__... —.. v Video t2 --- ------------ ... _...._.. -- ---- 3/1/2018 9:33:24 -- AM ---------- ..._ .... ..... v Video -3 3/11/2018 9:44:28 r r r r - AM 2 Bias Policing GALEA Standard 1.2.9 -1.2.9 2 Bias Policing CALEA Standard 1.2.9 - 1.2.9 Bias Policing Video #3 o •� Racially Biased Policing Curtis Tucker _.;, , ;1, 1 WA Trains g Unit "Earning the Public Trust" 4/19/2018 1 This training will use videos of other agencies in action as posted on various public websites. They probably have been edited to make the police look bad. These videos are intended to provide discussion points and to critique how to do things differently given the information provided. What the MOS Sayl MOS 1.2.9 Fair and Impartial Policing (excerpt) • Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. • Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, nonconsensual searches, and property seizures 4/19/2018 2 What the MOS Says Except as provided, officers shall not consider race, L L..:.:1 Cll Illly, gender, sexual orientation, or religion. Cl:riol . • In establishing either reasonable suspicion or probable cause • In deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search. ® 1 V provide preferential Itlal treat) I lel L In the performance of their poiice duties. What the MOS Says M • Consider the fact that an individual is riding or rides a motorcycle or wears motorcycle - related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrestsor search a person or vehicle (reference RrW 4 4/19/2018 3 When can we use race, ethnicity, gender, sexual orientation or religion as factors during an incident? • When that information is trustworthy, locally relevant and it links the subject to a particular unlawful incident. • It just can't be used as the "only" or "sole" factor to establish PC or Reasonable Suspicion. What does the agency do to stop this behavior? • Recruiting — We make an effort to screen out tendencies during hiring process — We try to recruit to reflect our city diversity • Training — We monitor our own training to ensure that bias is not included • Corrective (Measures when identified • Annual Review 4/19/2018 11 In what forms does RBP exist? • FI and Traffic stops • Response tc routine calls for service — Do you take longer or do less, depending on the neighborhood/subject that you have been called to? • Taking Paper/ Investigations — Do you provide the same police service to everyone that calls 911 ? Would you treat the Chief the same way that you treated the R/P if he called 911 ? If not, why not? Perception vs Belief Perception is a point of view based on a how a person understands information that they are being given. This can be altered by a persons history, to include education, upbringing, trauma, and moral compass. The perception then becomes a belief. LEO's often are challenged by the contacts belief that the stop is racially motivated and not legally justified. We cannot control the belief, but how ynii conduct your stops may influence the initial perception. 4/19/2018 5 • If you don't have an articulable violation or reason to stop, it needs to stay social. — No "possible" arrest can replace your career income if your luck runs out. • Tell the contact why you stopped them, this doesn't mean you have to repeat it, just that you are clear with them why. • Acknowledge your contacts — You are aware of who that person is and you will make every effort to conduct the stop quickly and the resolution will be firm and reasonable for the situation. — Not to be confused with submission or "kissing butt". — Speaking to "their level" is an excuse to act inappropriately and cannot be justified in court. If you shouldn't write it in a narrative, you shouldn't be saying it to the public. (Shandy Cobane) 4/19/2018 C Contact Considerations DO NOT Argue with a contact. — Arguing is a symptom that suggests you are beginning to lose control and you are taking it personally (contempt of cop) — Arguing will increase the odds of saying things that will be regretted if captured on media. — Arguing may increase the likelihood of force being used. — You cannot change a belief on a street corner or in the back of a police car- Stay Professional Everyone else should look for this and stop it immediately 4/19/2018 7 • Document your stops —Articulate why you did what you did on the FI/Citation/Infraction/Case Report at the time of the stop, not when you are called on by the supervisor. — Suspicious activity is your opinion, what they did to get you to that opinion is what needs to be documented. Contact Considerations • Witnesses — Especially if the contact mentions the racial profiling angle. — Regardless of their "seriousness", you should always get a witness 4/19/2018 I Buncombe County Detention Facility ............ Asheville, North Carolina 11/02/2013 • ®o not try to hide your identity — If asked for your name, give it to them — If in official capacity, you are required to provide it when asked, don't create unnecessary drama by trying to hide it. • Business card • Write it down • "Its on the ticket" should not be an option • MOS 22.2.7 — Required unless approved by a supervisor • Your attempt to stay anonymous suggests to the public that your trying to protect yourself from something you did wrong. (Police Belief- bad people don't like to be identified) • This empowers the contact and others around them and erodes your credibility. 4/19/2018 10 How did this guy do? "I messed up" • Option A: If you are aware of a possible complaint, notify your supervisor to get "ahead of it" • Option B: Do nothing and "hope" it goes away • Regardless, Document to yourself what you said (good and bad?) and become prepared to defend it. 4/19/2018 11 It wasn't me.... • If you see a coworker doing this activity, you need to stop it immediately. Your inaction is also judged in court. 4/19/2018 12 In closing We make decisions to contact people based on their exhibited behavior, not on our personal beliefs about race, gender, origin, religion or sexual preference. Any Questions, thoughts, comments, or concerns MOS 22.2.7 (excerpt) A. Display of Police Identification: All personnel not in uniform shall clearly display their Police Department identification card at all times while in the Police Facility or any other City of Federal Way facility while on duty. No portion of this section shall be interpreted as to require carrying any form of police identification when the circumstances of a criminal investigation make it impractical or hazardous to do so. undercover 1. Members shall furnish their name and badge number to any person requesting that information when they are on duty or while holding themselves out as having an official capacity. Such information may be withheld if necessary for the lawful performance of police duties with authorization from a supervisor. 4/19/2018 13 MOS 1.2.9 1.2.9 Fair and Impartial Policing Principle: The Federal Way Police Department is committed to provide fair and impartial policing. This standard is intended to clarify the circumstances in which officers can consider race or ethnicity when making law enforcement decisions, and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in an equitable manner. In order to be effective we must be trusted and deal with both the reality of the difficult and complex job of policing and the perception of police work. The Department uses a comprehensive approach to reach this goal MOS 1.2.9 Cont Practice: Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, nonconsensual searches, and property seizures. Except as provided below, officers shall not: Consider race, ethnicity, gender, sexual orientation, or religion in establishing either reasonable suspicion or probable cause. Consider race, ethnicity, gender, sexual orientation, or religion in deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search. Consider race, ethnicity, gender, sexual orientation, or religion to provide preferential treatment in the performance of their police duties. Consider the fact that an individual is riding or rides a motorcycle or wears motorcycle -related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle (reference RCW 43.101.419). 4/19/2018 14 MOS 1.2.9 Cont Officers should take into account the reported race, ethnicity, gender, sexual orientation, or religion of a specific suspect or suspects based on trustworthy, locally relevant information that links a person or persons of a specific race; ethnicity, gender, sexual orientation, or religion to a particular unlawful incident. Race, ethnicity, gender, sexual orientation, or religion can never be used as the sole basis for probable cause or reasonable suspicion. The fact that an individual is riding a motorcycle or wearing motorcycle -related paraphernalia shall be taken into account the same as race, ethnicity, gender, sexual orientation, or religion as outlined above, to include any enforcement action, which shall be based upon violations of the law. MOS 1.2.9 Cont A. Training: Officers receive training regarding fair and impartial policing, how to avoid unintended biases while aggressively enforcing the law, and the ramifications of biases in policing or the perception of bias. Officers also receive training in cultural diversity and other topics to help mitigate an individual's perception that he/she is being stopped solely due to a bias and not due to their actions. B. Corrective Measures: All police supervisors are expected to remain cognizant of the need to identify trends in an officer's activity that may indicate bias and to address it through progressive discipline when necessary. C. Annual Review: The Police Department conducts an annual review of all citizen complaints and monitors other department practices in order to identify any biases being used by individual officers or supported by department principles and/or practices. 4/19/2018 15 MOS 1.2.9 Cont D. Comprehensive Plan: The Police Department attempts to provide fair and impartial policing by using a comprehensive approach to identifying unintended bias and reducing its impact. 1. Education and Training: In addition, to the training provided above the Department reviews all of its training to insure that no bias has unintentionally been included in the training program. 2. Recruiting and Hiring: The Police Department and the Human Resources Department work closely together to evaluate hiring processes and eliminate any adverse impacts to minorities. The Department takes several steps to attempt to increase the pool of minority candidates for positions within the Police Department. The background process also screens applicants for any indication of overt biases. 3. Outreach to Diverse Communities: Representatives of the Police Department maintain communications with several community minority groups. • Buncombe County Sheriffs Office shared a link. January 6 • Response to Citizen Journalist Footage Concerns The Buncombe County Sheriff's Office is aware of video footage taken by a citizen journalist outside of the Buncombe County Detention Facility back in November of 2013. The Detention Center ...personnel involved in this incident was spoken to about what took place, and all Sheriff's Office personnel have been advised that they must identify themselves when a member of the public request for them to do so. The lieutenant involved in the incident declined to identify himself due to his past experience with anti-government organizations that often initiate civil legal action against law enforcement officers after they have obtained officers names and other personnel details. The Sheriff's Office would like to further clarify why the citizen journalist was asked to leave the location of where he was filming. The citizen journalist was filming the entrance of the Detention Center which invited security issues for both Detention Center staff and inmates. Because Detention Center personnel involved in this incident did not know who the citizen journalist was, and because he declined to identify himself, staff did not know if he presented any threat to public safety; with public safety, and the safety of personnel and staff in mind, they asked the citizen journalist to leave the premises. The Sheriff's Office has been in contact with both the Buncombe County attorney and our own legal counsel regarding surveillance by unidentified parties, and have relayed these opinions to our personnel. The Buncombe County Sheriff's Office is currently discussing how prevent these incidents from occurring in the future while respecting the rights of the citizens of Buncombe County. In the spirit of transparency, the Buncombe County Sheriff's Office has left the link of this footage up on our Facebook page which can be found in the comments section of the December 27, 2013 posting. We have also decided to post a link to this citizen journalist other video footage outside of the Detention Center, as well as footage that a local government employee took while being videoed by this citizen journalist, so those that are interested can get a better feel for the type of coverage this citizen journalist produces. The deputies, Detention Center staff and investigators of the Buncombe County Sheriff's Office take enforcing the laws of the State of North Carolina and respecting Constitutional rights of every person they encounter seriously, and encourage any person who takes issue with how they are treated by a staff member to contact the Buncombe County Sheriff's Office. 4/19/2018 16