NovDec Associate Magazine.2018.

First page 1 Next page Last page

IN SIDE

F B I N A A . O R G | N O V / D E C 2 0 1 8

F E A T U R E S 8 Veteran Centered Policing – Brian Grajek

10 Strengthening the Pre-Employment Polygraph Examination Procedures for Civilian Personnel – Kyle Dowdy 14 Surviving the Ground Game: Defensive Tactics in Policing – Scott Smith 16 The Militarization of the Tactical Uniform – Brian Cole 14 AVA Send Help! – Don Redmond 16 Overcoming Stigma – Bill Mazur C O L U M N S 4 Association Perspective

7 Chapter Chat

16 Historian’s Spotlight

18 A Message from Our Chaplain

E A C H I S S U E 6 Strategic / Academic Alliances A D I N D E X – American Military University 19 AT&T 13 San Diego University 23 Campbell Group 25 Verizon 26 5.11 32 CRI-TAC – JFCU

EXECUTIVE BOARD Association President, Section I / JOHNNIE ADAMS Chief, Santa Monica College (CA), jadams@fbinaa.org Past President / SCOTT DUMAS Chief, Rowley Police Department (MA), sdumas@fbinaa.org

Representative, Section III / GRADY SANFORD Chief Deputy, Forsyth County Sheriff's Office (GA), gsanford@fbinaa.org Representative, Section IV / BILL CARBONE Lieutenant, New York City Police Department (NY), bcarbone@fbinaa.org

Chaplain / JEFF KRUITHOFF Chief, City of Springboro (OH), jkruithoff@fbinaa.org

1st Vice President, Section II / KEVIN WINGERSON Assistant Chief of Police, Pasadena Police Dept. (TX), kwingerson@fbinaa.org

Historian / PATRICK DAVIS Chester County Department of Emergency Services (PA), pdavis@fbinaa.org

2nd Vice President, Section III / JOE HELLEBRAND Chief, Brevard County Sheriff’s Office (FL), jhellebrand@fbinaa.org

FBI Unit Chief / CORY MCGOOKIN Unit Chief, National Academy Unit (VA)

3rd Vice President, Section IV / KEN TRUVER Chief, Borough of Castle Shannon (PA), ktruver@fbinaa.org

Executive Director / HOWARD COOK FBINAA, Inc. National Office (VA), hcook@fbinaa.org

Representative, Section I / TIM BRANIFF Undersheriff, Thurston County Sheriff’s Office (WA), tbraniff@fbinaa.org Representative, Section II / SCOTT RHOAD Chief/Director of Public Safety, University of Central Missouri (MO), srhoad@fbinaa.org

2019 PHOENIX, AZ JULY 20-23 HOSTED BY THE AZ CHAPTER FBINAA2019.COM

2020 NEWORLEANS, LA JULY 18-JULY 21 HOSTED BY THE LA CHAPTER FBINAA2020.COM

FBINAA ANNUAL TRAINING CONFERENCES | SAVE THE DATE

2 F B I N A A . O R G | N O V / D E C 2 0 1 8

Nov/Dec 2018 | Volume 20/Number 6

F B I N A A . O R G | N O V / D E C 2 0 1 8

The National Academy Associate is a publication of the FBI National Academy Associates, Inc.

FBINAA OFFICER RESILIENCY, SAFETY & WELLNESS LEADERSHIP FORUM

Howard Cook / Executive Director, Managing Editor Suzy Kelly / Editor

The National Academy Associate is published bi-monthly by the FBI National Academy Associates, Inc., National Office, FBI Academy, Quantico, VA 22135.

The FBI National Academy Associates, Inc. is a private, non-profit organization and is not part of the Federal Bureau of Investigation or acting on the FBI’s behalf. Email editorial submissions to Suzy Kelly: skelly@fbinaa.org. Submissions may vary in length from 500-2000 words, and shall not be submitted simultaneously to other publications. Email Chapter Chat submissions to Susan Naragon: snaragon@fbinaa.org by the 1st of every even month. The FBI National Academy Associates, Inc., the Executive Board and the editors of the National Academy Associate neither endorse nor guarantee completeness or accuracy of material used that is obtained from sources considered reliable, nor accept liability resulting from the adoption or use of any methods, procedures, recommendations, or statements recommended or implied.

Mark your calendar! Join other law enforcement executives at the only conference focused exclusively on officer resiliency. Registration information COMING SOON! The FBINAA Officer Resiliency Forum convenes law enforcement executives who will share officer resilience, safety, and wellness case studies, new research, emerging issues that will improve and save lives, families, and careers of police officers around the globe. Participants will also have exclusive access to cutting-edge presenters and officer safety and wellness Sponsors. MA R C H 7 / 8 | 2 0 1 9 GUARANTEED RATE FIELD’S CONFERENCE AND LEARNING CENTER WORLD HEADQUARTERS OF THE CHICAGO WHITE SOX CHICAGO, ILLINOIS

Photographs are obtained from stock for enhancement of editorial content, but do not necessarily represent the editorial content within.

EDITORIAL DEADLINE

ADVERTISING DEADLINE

PUBLICATION DATE

ISSUE

JAN/FEB

10/1

10/15

1/1

MAR/APR

12/1

12/15

3/1

MAY/JUNE

2/1

2/15

5/1

JULY/AUG

4/1

4/15

7/1

SEPT/OCT

6/1

6/15

9/1

NOV/DEC

8/1

8/15

11/1

On the Cover: The criminal justice system is recognizing the growing need for Veteran-centric law enforcement programs.

ASSOCIATION PERSPECTIVE

Johnnie Adams

Dear Fellow Graduates!

T he Holiday season is upon us and is a time for reflection and renewals of our New Year’s resolutions. I am thankful for the tremendous giving and support by our fellow graduates through their generous donations to the Foundation. Many tragic events have occurred this year to include hurricanes, floods, tornadoes, fire and earthquakes. These events have affected our members in many ways from working the front lines, time away from family, and damage to their property. As a first responder, we take our oath to serve our community seriously, and I am thankful for the outpouring of support to those in need. As part of my resolution, it is to take advantage of the things learned while at the NA. Much of this centered on personal well- ness and the importance of physical fitness. I can almost hear my instructor Kevin Chimento in my ear stressing the importance of fitness. As I reflect on this experience, I would be remiss if I did not personally thank Jeff McCormick the Unit Chief of the National Academy who will be moving on to another assignment. Jeff’s commitment to improve the training curriculum and standards were evident by his devotion to the NA. In fact, Jeff is a proud card carrying member of our organization and I know he will stay in- volved with us moving forward. In every issue of our magazine, we are dedicated to improve our professional standards and skills. In this issue, we have arti- cles related to the following topics: • Veteran Centered Policing • Strengthening the Pre-Employment Polygraph • The Militarization of the Tactical Uniform • Surviving the Ground Game: Defensive Tactics in Policing • A.V.A. Send Help • Overcoming Stigma (Officer Safety and Wellness) I encourage you to read them and to send us your feedback so that we can continue to push out the most relevant informa- tion and training possible. Email your feedback to info@fbinaa. org . Additionally, you may have seen the announcement that we are recruiting members to be a part of the FBINAA Editorial Board. This board will be subject matter experts who will review articles for upcoming issues and pick the best articles possible for our members. Please email info@fbinaa.org if you are interested in this opportunity. On a different note, the Chapter officers are getting ready to meet during the last week of January with our Executive Board, National Office Staff and members of the Academy Training Unit to discuss ways of improving your experience as a member of our Association. We will also be introducing our newmembership en- gagement APP to improve communication with our membership and hope that you will share in that experience.

Finally, take this time to spend time with family and friends and recharge your batteries. I tend to reflect and listen to my favorite songs during this time of year and I think of “Peace on Earth/The Little Drummer Boy.” This mix originally sung by David Bowie and Bing Crosby remind me of what we can hope for with future generations.

Stay safe and God Bless,

Johnnie Adams, President FBINAA Chief, Santa Monica College Police Department

4 F B I N A A . O R G | N O V / D E C 2 0 1 8

CORPORATE ALLIANCES

ACADEMIC ALLIANCES

FBINAA DIAMOND Our Diamond Level Alliances

GOLD ACADEMIC ALLIANCES

American Military University 703.396.6437 | PublicSafetyatAMU.com

Bethel University 855.202.6385 | BethelSuccess.net

5.11 TACTICAL SERIES 209.527.4511 | 511tactical.com JUSTICE FEDERAL CREDIT UNION 800.550.JFCU | jfcu.org

FBINAA STRATEGIC Our Strategic Level Alliances

Columbia College 803.786.3582 | columbiacollegesc.edu

VERIZON WIRELESS 800.295.1614 | verizonwireless.com

Northcentral University 844.628.8943 | ncu.edu/fbinaa

FBINAA AMBASSADOR Our Ambassador Level Alliances

University of Charleston 800.995.4682 | ucwv.edu

Beckley • Martinsburg • Online

ecoATM 858.324.4111 | ecoatm.com

University of New Hampshire 603.513.5144 | law.unh.edu

FBINAA PREMIER Our Premier Level Alliances

University of Oklahoma 800.522.4389 | pacs.ou.edu

University of San Diego 619.260.4573 | sandiego.edu/fbina

Waldorf University 877.267.2157 | waldorf.edu

FORUM-DIRECT ® YOU’RE COVERED

BASIC ACADEMIC ALLIANCES

California University of Pennsylvania 724.938.4000 | calu.edu/golegalstudies

Columbia Southern University 800.977.8449 | columbiasouthern.edu

Saint Leo University 813.310.4365 | saintleo.edu

AFFILIATE Our Sponsor Level Alliances

Trident University 714.816.0366 x2019 | Trident.edu/FBI- NAA

GUARDIAN ALLIANCE TECHNOLOGIES 800.573.5950 | guardianalliancetechnologies.com HARRIS 321.727.9100 | harris.com

Upper Iowa University (888) 877-3742 | uiu.edu/fbinaa

AFFINITY ALLIANCES

Wilmington University 302.356.6766 | wilmu.edu

NATIONWIDE 877.669.6877 | nationwide.com COMMUNITY SAFETY INSTITUTE 972.576.8662 | communitysafetyinstitute.org

6 F B I N A A . O R G | N O V / D E C 2 0 1 8

CALIFORNIA PROMOTIONS n Gina Anderson , NA Session 219, on her promotion to Deputy Chief of the Citrus Heights Police Department. n Jason Russo , NA Session 272, on his promotion to Commander of the Citrus Heights Police Department. n Rick Sung , NA Session 265, with the Santa Clara Sheriff’s Office on his promotion to Under Sheriff. n Armando Corpuz , NA Session 257, on his appointment to Chief of Police with the Milpitas Police Department. n Ryan Kinnon , NA Session 268, with Citrus Heights PD who it was just announced will take the position as Chief of the City of Auburn Police Department effective November 30th, 2018. Not to be forgotten, belated congratulations to Chief Manuel “Manny” Martinez Jr. , NA Session 198, who left the Daly City Police Department and started in a new position as Assistant Chief with the City of Salinas PD. RETIREMENTS n Retirement wishes go out to Scott Savage , NA Session 237, Assistant Chief of Investigations, who recently retired from the Santa Clara D.A.’s Office. n Congratulations to FBINAA CA Chapter member Lawrence Ryan , NA Session 240, who recently celebrated his 50th B-day and retirement from the San Jose PD by climbing Half Dome in Yosemite National Park. Lawrence will be taking the position of Assistant Chief of Investigations at the Santa Clara D.A.’s Office. PASSING n We are sad to report the passing of James Duran , NA Session 104, a San Francisco Division member, who resided in Arvada, Colorado. He had retired from the Daly City Police Department. n Sad news of another member who passed, Gary Craft , NA Ses- sion 266, passed on July 4th of this year. FLORIDA PROMOTIONS n Ciro M. Dominguez , NA Session 218, was promoted to Colonel on Dec 1, 2018, Hillsborough County Sheriff's Office. CHAPTER CHAT The intent of this column is to announce Promotions, Retirements and Deaths for the Chapters. Please find expanded Chapter Chat on our website www.fbinaa.org under the current Associate Magazine issue to stay up-to-date on what's happening in our 48 Chapters. Submit chapter news on the Chapter Chat Submission Form by the 1st of every even month. Please attach to the email high- resolution digital .jpg or .tif photos to: Susan Naragon | snaragon@fbinaa.org .

F B I N A A . O R G | N O V / D E C 2 0 1 8

NEVADA PROMOTIONS n Pamela Ojeda , NA Session 238, was appointed as the first female Police Chief for the North Las Vegas Police Department. NEBRASKA PROMOTIONS n Captain Bryan Waugh , NA Session 263, 21 years with La Vista Police Department, newly appointed Chief of Police, Kearney Nebraska. n Captain Ken Kanger , NA Session 262, Omaha Police Department, appointed Deputy Chief Omaha Police Department. RETIREMENTS n Chief Dan Lynch, NA Session 141, Kearney Police Department, 43 years of service. n Sheriff Vernon Hjorth , NA Session 109, Madison County Sheriff’s Department. n Chief Deputy Sheriff Michael Prather , NA Session 164, Madison County Sheriff’s Department. NEW ENGLAND PROMOTIONS n Lt. John Kilbride , NA Session 244, from the Falmouth Police Department, ME has been selected as the new Police Chief replacing retiring Chief Edward Tolan , NA Session 174. Lt. Kilbride has over twenty years of service in Falmouth while progressing through the ranks and attending the FBINA in 2011. Chief Kilbride will assume his duties December 17, 2018. NEW YORK/EASTERN CANADA PROMOTIONS n Chris Scott , NA Session 229, has been named Deputy Chief of Kingston Police in Ontario, Canada effective January 1, 2019. n Sergeant Jerry Atwell , NA Session 237, Grand Island Police Department, 38 years of service.

PLEASE JOIN OUR SOCIAL MEDIA GROUPS

#DECENCYFBINAA

VETERAN CENTERED POLICING The United States Department of Veterans Affairs (VA) employs about 3700 police officers in over 150 facilities nationwide including Puerto Rico. VA police work alongside other VA employees to fulfill the VA’s overall mission created by President Lincoln during his Second Inaugural address when he included the responsibility “[…] to care for him who shall have borne the battle and for his widow and his orphan […]”. VA Directive 0730 (2012) requires VA police per- sonnel be tasked “[…] for the main- tenance of law and order and pro- tection of persons and property on Department property” (p. 3). BRIAN GRAJEK uational Law Enforcement concepts to focus on gaining voluntary compliance, deference to a competent medical authority, or use of the criminal justice system. Veteran Centered Policing is aligned with the 8th Peelian Principle which states, “To recognise always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary, of avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty. (Lentz & Chaires, 2007)” The VA police are trained to gather facts and understand the availability of alternative programs before deciding to proceed with criminal justice actions if feasible. VA police Training Unit #8 (Situational Law Enforcement) explains, “[s]ituational law enforce- ment requires the application of common sense by the officer when deciding whether formal enforcement (arrest or citation) or informal enforcement (advice or warning) will obtain the most positive results in a given situation” (p. 5). The VA police are not alone in recognizing the need for veteran- centric law enforcement programs. An emerging trend in criminal jus- tice systems are Veterans Courts to address crime committed by for- mer military servicemembers. These courts are recognizing veterans’ crimes may be connected to combat experiences or related to mental health issues. “This cause is unique to veterans, and other problem- solving courts do not adequately address this trauma because other specialty courts have no inherent measures in place that are sensitive to or cognizant of combat trauma” (McCormick-Goodhart, 2013).

DeAngelis (2016) noted, “[…] veterans treatment courts have become so popular that what started in 2008 as a single pilot pro- gram in Buffalo has swelled to 435 programs around the coun- try—348 more than existed in 2012” (p.20). The Veterans Courts and the VA’s Homeless Programs Office both use Veterans Justice Outreach (VJO) as a rehabilitative tool. “The Department of Vet- erans Affairs (VA) Veterans Justice Outreach (VJO) Program is a prevention-focused component […]” that “provided outreach and linkage to VA and/or community services for justice-involved Vet- eran in various settings, including jails and courts” (VA, 2017). This enhancing of partnership between the criminal justice system and the VA creates a pathway to rehabilitate our nation’s military veter- ans using a multidisciplinary team approach. In April of 2017 during the first session of the 115th Congress, House Resolution 2147 was introduced by Colorado Representative Mike Coffman. HR 2147 is titled the Veterans Treatment Court Act of 2017 and states, “This bill requires the Department of Veterans Af- fairs (VA) to hire at least 50 Veterans Justice Outreach Specialists, place each one at an eligible VA medical center, and ensure that each one serves as part of a justice team in a veterans treatment court or other veteran-focused court” (HR 2147, 2017).

T he VA police role is outlined in Training Unit #1 (Role of the VA Police Officer) referring to the American Bar Associations study of police in American society (1980) and focusing on items VI and XI: to assist those who cannot care for themselves and to pro- vide other services on an emergency basis, respectively (pp. 7-8). These concepts were not created by the ABA but merely a restating of principles developed over 150 years earlier. Sir Robert Peel authored his Nine Principles of Policing and they were issued to each officer of the Metropolitan Police in Lon- don starting in 1829. The Peelian Principles are as relevant today as they were in the early 19th century and include ideals we recog- nize as “modern” community policing. The VA police are currently using the concept of Veteran Centered Policing that falls in line with their motto, “Protecting Those Who Served”. This model of policing goes beyond traditional law enforcement and requires VA police use good independent judgment in assessing situations and deter- mining appropriate responses. Veteran Centered Policing uses Sit-

continued on page 33

8 F B I N A A . O R G | N O V / D E C 2 0 1 8

STRENGTHENING THE PRE-EMPLOYMENT POLYGRAPH EXAMINATION PROCEDURES FOR CIVILIAN PERSONNEL

KYLE DOWDY

10 F B I N A A . O R G | N O V / D E C 2 0 1 8

Police departments around the nation serve communities by relying on vital civilian staff. Recently, many police de- partments have experienced distressing events that are centered around one or more of the department civilian person- nel. These debacles expose the vulner- ability that departments face in regards to corrupt civilian employees. Although many things are done to address the issue after the fact, pre-employment polygraph standards have largely re- mained unchanged. At present, many departments are not bound by policy or procedure to polygraph their civilian employees before hiring them. F ailure to require all employees to submit to a pre-employ- ment polygraph might leave the door open to the possibil- ity of employing individuals that are susceptible to corruption or misconduct. The research concludes that adding a polygraph examination as another successive hurdle to the application pro- cess for all police department applicants will help improve the quality of individuals being hired. As agencies moves forward with this policy and procedure, the department and community members alike will benefit from a more qualified employee. CURRENT ISSUES Recently, many departments have experienced distressing events that center on misconduct committed by one of the de- partment’s civilian personnel. These debacles expose the vul- nerability departments have in regards to corrupt civilian em- ployees. Although many things are done to address these issues after the fact, pre-employment polygraph standards have largely remained unchanged. If a policy of polygraphing civilians before they are hired is in place, it may make it more difficult for corrupt candidates to be hired. At present, many departments are not bound by policy or procedure to polygraph civilian employees. It should be under- stood that a new policy of polygraphing non-sworn employees will not stop every unethical or immoral person from entering the ranks of the civilian staff at police departments. Failure to require all employees to submit to a pre-employment polygraph leaves the door open to the possibility of hiring a corrupt employee that is susceptible to misconduct or even criminal acts.

BACKGROUND Debates have followed the use of polygraph testing since its inception. The predictability of dishonest behavior continues to be a major obstacle to acceptance of the concept of honesty testing (Stone, 1992). These tests have been questioned on issues ranging from reliability and validity to legality and constitutional- ity. This debate came to a head when the federal government de- cided to enact a law that protected private employees from being forced to take polygraph examinations. This law was entitled The Employee Polygraph Protection Act of 1988 (EPPA). Although there is a sizable amount of opposition that seeks to discredit polygraph and those that use it in decision making, public sectors across the nation continue to utilize it as a step in the applicant selection process. Organizations with strong personnel security vetting through polygraph examinations can identify organizationmembers whomay bemore likely to commit various types of misconduct and criminal transgressions (Guido and Brooks, 2013). Identifying these individuals before miscon- duct is committed will always be a potential problem for depart- ment executives. Albert Einstein once said, “If I had an hour to solve a problem I'd spend 55 minutes thinking about the problem and 5minutes thinking about solutions.” If this samementality was applied to pre-employment polygraph it would be easy to con- clude that spending extra time before the problem occurs saves precious time in the long run. LEGAL ISSUES The Employee Polygraph Protection Act of 1988 (EPPA) is a United States federal law that generally prevents employers from using polygraph tests during the course of employment, with cer- tain exemptions. The Act provided for provisions that exempted the United States Government, any state or local government, or any political subdivision of a state or local government (Employee Polygraph Protection Act, 1988). But this was not the only time polygraph practices in pre-employment were legally challenged. The United States v. City of Austin Texas was a landmark case that addressed hiring issues with the city of Austin, Texas. In a rul- ing against the city, the court found that Austin’s use of cognitive/ behavioral test scores, as well as other selection process factors, as a pass/fail device in its 2012 hiring process had a statistically significant adverse impact on African-American and Hispanic applicants (United States v. The City of Austin, Texas, 2014). Al- though polygraph testing was not the only factor in this decision, it was specifically cited. This further hampered those in the poly- graph community who desired to polygraph a larger percentage of public employee candidates. VALIDITY AND RELIABILITY ISSUES There have been numerous studies in regards to the valid- ity and reliability of polygraph testing as a whole. One of those studies was conducted by Handler, Honts and Nelson (2013). This study revealed that a conditional probability analysis of 900 truthful and 100 deceptive applicants with a Psychophysiological Detection of Deception (PDD) test can be accurate 90 percent of the time. This should be of comfort to law enforcement execu- tives around the country that are grappling with the notion that civilian employees should not be polygraphed based on reliability problems with the examination. As the American Association of Police Polygraphist Research & Information Chair Mark Handler told me in an email correspondence, “successive hurdles” are ex-

F B I N A A . O R G | N O V / D E C 2 0 1 8

continued on page 12

continued from "Polygraph" page 11

civilian or not, faces a lengthy prison sentence, it is bad for the em- ployee, it is bad for their family and it is bad for both the depart- ment and the community.” As previously stated, the concept of successive hurdles is critical in the pre-employment selection process. By compelling an applicant to successfully complete a series of screening tests, it is hoped that the most qualified candidates will emerge as the clear victors of the process. Arguably themost important hurdle in the hiring process of any new department member is a thorough background investigation. In many respects, the polygraph is an extension of the background investigation, as this assessment can serve to confirm that the information received through the background investigation and the oral interview process is truth- ful. The results of the polygraph examination should be viewed as an investigative tool only and should not be used as the single determinant of whether or not to hire a candidate (Kurz, 2015). CONCLUSION The research concludes that adding a polygraph exami- nation as another successive hurdle to the application pro- cess for all police department applicants will help improve the quality of individuals being hired. Pre-employment poly- graphs for all personnel is the best solution to help propel departments into the new era of public trust where transpar- ency and dedication to accountability are not only sought af- ter but expected. As the agencies move forward, the depart- ment and community members alike will benefit from a more qualified employee. References Employee Polygraph Protection Act of 1988, 29 USC 2001 §646-653. Faber, B. (2011). Pre-employment Polygraph Examinations of Public Safety Applicants. AELE Monthly Law Journal, 201 (7). ISSN 19350007. Garrison, S. (2016, February 15). Former police employee pleads guilty in thefts. The Daily Times. Retrieved from http://www.daily-times.com/story/news/ crime/2016/02/15/former-police-employee-pleads-guilty-thefts/80406312/. Guido, M. and Brooks, M. (2013). Insider Threat Program Best Practices. 46th Hawaii International Conference on System Sciences, 1831-1839. DOI:10.1109/ HICSS.2013.279. Handler, M., Honts, C. and Nelson, R. (2013). Information Gain of the Directed Lie Screening Test. Polygraph, 42(4), 192-202. Honts, C. R., and Amato, S. (2007). Automation of a screening polygraph test increases accuracy. Psychology, Crime & Law, 13, 187-19. Kircher, J. C., and Raskin, D. C. (1988). Human versus computerized evaluations of polygraph data in a laboratory setting. Journal of Applied Psychology, 73(2), 291-302. Kurz, D. (2015). Big Ideas for Smaller Law Enforcement Agencies: Back to Basics: Developing a Hiring Process in Smaller Agencies. International Association of Chiefs of Police. Document number 639098. Mark, J. (2014). The consistency of the use of the polygraph exam during the selection process among law enforcement agencies. Theses and Dissertations Submitted to the Department of Psychology College of Science and Mathematics at Rowan University. Paper 551. Meesig, R. and Horvath, F. (1995). A National Survey of Practices, Policies and Evaluative Comments on the Use of Pre-Employment Polygraph Screening in Police Agencies in the United States. Polygraph, 24(2), 57-136. Stone, D. H. (1992). Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study. Akron Law Review, 25(2), 367-407. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol25/iss2/4. United States v. The City of Austin, Texas, 1:14-CV-00533 (W.D. Tex. 2014).

tremely important in the hiring process of all employees of a police department. Successive hurdles in the application pro- cess are defined as the amount of separate or independent tests, or hurdles, the applicant has to overcome to be hired. Without the polygraph, one hurdle is effectively eliminated in the pre-employment process for non-sworn candidates. This also eliminates the only step that attempts to detect decep- tion in the application process through a method other than human intuition. The authors of the EPPA were very skeptical of the validity of polygraph testing; however, they conceded that such testing may still be useful in terms of deterring employment applications from potentially poor security risks while increasing public confi- dence in security organizations (Faber, 2011). This skepticism that was displayed by the federal government in the EPPA and other reports are often shared by public sector employers. This should not preclude law enforcement executives from protecting their agencies in any way they can. In order to build trust with the pub- lic, executives should do everything in their power to ensure the best candidates are being hired. Although research has shown there are questions with re- gard to the validity and the reliability of the polygraph exam, improvements in the consistency of use and standardization of practices would raise the validity and reliability of the polygraph exam as a screening device (Kircher and Raskin, 1988; Honts and Amato, 2007; Mark, 2014). While validity can be an issue, use of polygraph examinations are still supported by empirical data, un- like the unassisted efforts of interviews alone (Handler, Honts and Nelson, 2013). Guessing on the truth or deception of an individual would be merely chance, or slightly better, without a polygraph. A background investigation done on a civilian employee is almost solely dependent on answers they provide in the application packet. Thus, determining truth in the answers of the applicant is merely a gesture of chance without further Psychophysiological Detection of Deception tests. BENEFITS A recent study of the ten largest police departments in the United States (New York City, Chicago, Los Angeles, Philadelphia, Houston, Washington, D.C., Phoenix, Dallas, Miami-Dade, and De- troit) revealed that there is very little consistency in regards to the handling of pre-employment polygraphs in general (Mark, 2014). This is surprising due to the fact that most of the chiefs of police and sheriffs in those agencies attendmany of the same leadership trainings and meetings together (most notably the Major Cities Chiefs Association (MCCA) and International Association of Chiefs of Police (IACP). Research as long as ago as 1995 (Meesig and Hor- vath) suggested that many of these agencies surveyed agreed that polygraphing civilian employees was acceptable and in fact conducted such examinations. This study showed that although it was a fairly novel idea at the time, subjecting non-sworn em- ployees to a polygraph examination was positively viewed by the executives of these agencies. This positive view may transition to citizens as well. A wide array of citizens, from victims of deviant crimes to citi- zens that commit common traffic violations, can rest assured that the department has taken their security and privacy concerns very seriously and thus have thoroughly scrutinized every orga- nizational member’s background. Garrison (2016) quoted Farm- ington New Mexico Police Chief Hebbe in a recent news story as making the perceptive comment, “When a department member,

12 F B I N A A . O R G | N O V / D E C 2 0 1 8

SURVIVING THE GROUND GAME

SCOTT SMITH

14 F B I N A A . O R G | N O V / D E C 2 0 1 8

In 2011, the IACP’s National Center for the Prevention of Violence Against Police released a study on felonious assaults against police officers. When the research was completed, it stated that 72 officers had lost their lives to felo- nious assaults that year. In 2018, we are expected to beat that number. Most of the studies and strategies that had been developed all focus on the type of incident, response to incident, weapons involved and departmental policy. While the report and study done in 2011 helps to better educate and creates an understanding of how not only officers, but police agencies approach critical incidents, it does not address when officers go “hands on” with suspects, what training they are missing or if the training they have is putting them in harm’s way (IACP 2011).

F B I N A A . O R G | N O V / D E C 2 0 1 8

L aw enforcement agencies across America are missing the mark when it comes to training officers in defensive tactics and use of force. We all know that domestic disturbances, traffic stops, warrant services, and ambushes are the incidents that pose the most risk to officers, but many studies do not look at officer- initiated physical contact with the suspect and the felonious as- sault that follows. Officers in America will make approximately 37,000 arrests a day, and in every one of those arrests, the officer must make physical contact with the individual. According to the Bureau of Justice Statistics, 40 million persons had contact with police during the most recent year for which data was gathered (BJS 2008). An estimated 776,000 (1.9 percent) of the 40 million contacted respondents reported the use or threatened use of force at least once during these contacts (IACP 2011). The question that is proposed is twofold: Could officer deaths and injuries be avoided with a change in defensive tactics and would less offenders be killed or seriously injured if the of- ficers were more confident going hands-on with a suspect rather than feeling pressured to use a tool from his belt? Police officers today have come to relymore on their duty belt tools and less on their own abilities when it comes to apprehend- ing or subduing a suspect. When you look at many police agen- cies use of force policies, you will see the use of chemical irritants or tazer device directly after the use of verbal commands. Most if not all the change in use of force policy over the past fifteen years is a direct reflection of lawsuits and demands from the public to minimize excessive force by officers. Growing technology and in- creased demands from society have placed less importance on the officer’s ability to defend himself or gain compliance. Officers are trained to place all their trust in the use of “tools” from their gun belt. There could be an argument that the problem with excessive force was always a lack of ability when it comes to an officer’s abil- ity to manually manipulate or control a person. The problem we now see with the use of “tools” is that the companies that once backed their products either do not support the officers or agencies like they did in the beginning, or they have changed the rules to such an extent that it makes using the “tool” almost too risky to implement. Everyday companies are attempt- ing to sell police agencies the newest and greatest tool in suspect

compliance and control as an alternate to an officer going hands- on with the suspect. Often, officers can be seen swinging their impact weapons with little or no effect on the subjects, but then later must answer to the injuries the suspect acquired from the incident. In law en- forcement we teach an officer to swing a metal object at an indi- vidual to gain compliance, all whilemaking stringent rules in policy that can only go against the officer when a suspect fails to comply. Delivering strikes with any object while asking a suspect to comply is almost counter intuitive. Ask yourself, who would lay face down all while being struck with a fist or metal object? Strikes encourage the suspect to be aggressive toward the person delivering them, and this is often why when the strikes no longer are effective, the officer will fall back to his last resort, his service weapon. Across the country in law enforcement there is a push from po- lice officers with elevated levels of grappling experience to change the way we approach use of force situations and gain control of suspects. The concepts taught at select locations and groups are grounded in Brazilian Jiu Jitsu, wrestling and Krav Maga. Many highly skilled Bra- zilian Jiu Jitsu black belts are traveling the country teaching and en- couraging officers to trust their grappling training. The training often focuses on being in the worst positions and gaining control without resorting to using any “tools” or weapons. As law enforcement executives, we owe it to not only our community, constituents, and police officers, but also to the families of our police officers that we develop plans and training grounded in fundamental techniques and not rely on the newest equipment out there. We need to recognize that the problemwith the use-of-force or use of excessive force has always stemmed from the officer’s lack of quality training. When officers are highly trained and confident in their abilities they will be less likely to use excessive force or make mistakes out of fear. Fear is created when officers don’t know what to do or they feel as if they have lost control in critical situations. Officers are required to train annually with their batons, chemical irritants, TASER and duty weapons, but rarely if ever train in defensive tac- tics. States mandate howmany times on officer must qualify with continued on page 33

16 F B I N A A . O R G | N O V / D E C 2 0 1 8

I n July 1995, I started my law enforcement career as a local police officer. Once I graduated from the police academy, I was assigned to the uniformed patrol division. My standard issued police uni- form was called LAPD blue because it resembled the blue uniform worn by the Los Angeles Police Department Patrol Division. During my four years employed as a local police officer and while on duty dressed in my police uniform, I was never mistaken as a soldier. In June 1999, I started my law enforcement career as a fed- eral law enforcement officer. Once I graduated from the federal law enforcement academy, I wasn’t issued a standard police uni- form. Instead, I was issued a tactical police uniform that consisted of a black protective outer vest with gold police insignia, gray BDU pants, and standard police duty belt with standard police equip- ment such as handcuffs, collapsible baton, and pepper spray. Al- though my tactical police uniformwas different from that of my pa- trol officer uniform, I was still easily identifiable as a police officer. Today many law enforcement agencies throughout the Unit- ed States now issue a military-styled camouflaged uniform for their specialized tactical units such as SWAT and SRT. Many tacti- cal units have moved toward the multi-cam tactical police uniform that resembles the uniform worn by the U.S. military. According to Johnson (2017) research has suggested that “clothing has a powerful impact on how people are perceived, and this goes for the police officer as well. The uniform of a police officer has been found to have a profound psychological impact on those who view it.” Gene Veith (2014) noted in his article “The problem with Cops in Camo,” U.S. citizens who live in a free society inherently have a fear that the military could be turned into a military force against its people. Veith noted that “when local police dress up like sol- diers, the perception–indeed, the meaning–is that the community is under military occupation from its own government.” When I entered the law enforcement profession, I entered it because I felt an inherent duty to serve and protect the public just like the police officers I imagined on the fictional television series Adam-12. I never entered the law enforcement profession to be perceived by the public as a soldier. When the U.S. tactical police uniform resembles the U.S. military uniform, it causes confusion among the citizenry. It undermines the community-oriented po- lice image of a public servant and replaces it with the image of a soldier. By investing in a traditional tactical police uniform, law enforcement leaders can reshape the “profound psychological impact” on its citizenry spoken of by Johnson (2017) from an im- age of M.A.S.H back to the image of Adam-12 . References Johnson, R. (2017, August 11) The psychological influence of the police uniform. Retrieved from https://www.policeone.com/police-products/apparel/uniforms/ articles/99417-The-psychological-influence-of-the-police-uniform/ Veith, Gene (2014, August 18) The problem with cops in camo. Retrieved from http://www.patheos.com/blogs/geneveith/2014/08/the-problem-with-cops-in-camo/ About the Author: Brian Cole is a Supervisory Special Agent (SSA) with the U.S. Drug Enforcement Administration in Oakland, California. SSA Cole holds a BA in Political Science from the University of Alabama and a MSCJ in Criminal Justice from the Uni- versity of Alabama at Birmingham. SSA Cole was previously employed as a police officer with the Montgomery Police Department in Montgomery, Alabama.

BRIAN COLE THE MILITARIZATION OF THE TACTICAL POLICE UNIFORM As a child growing up in the 1980s, I always knew what I wanted to do in life. I wanted to be a police officer. More specifically, I wanted to be a federal lawenforcement officer – FBI, DEA, U.S. Marshal, or U.S. Secret Ser- vice agent. But I was also heavily in- fluenced toward pursuing a military career because my father had served in theU.S. Army inVietnam. As a child growing up I easily distinguished the difference between a police officer and a soldier. The police officer wore blue and the soldier wore green. Popular Hollywood television series I watched as a child such as Adam-12 and MASH also associated blue with the police and green with the U.S. Military. Hence, as I child I had al- ready developed an image of what a police officer and soldier looked like based on their uniforms.

F B I N A A . O R G | N O V / D E C 2 0 1 8

DON REDMOND “AVA! SEND HELP!” The 9-1-1 call was frightening. The female caller was screaming into the phone that her boyfriend had just been stabbed at the marina by two suspects leaving in a white vehicle. The police dispatcher immediately identified the three closest police units by using GPS coordinates from the caller’s phone and dispatched the fire department, ambulance, and launched a surveillance drone from the roof of the police department. A dditionally, video cameras in the area were activated, cap- turing the suspects’ vehicle license plate and pictures of the vehicle and suspects, which were then sent to the responding of- ficer’s mobile computer. The dispatcher calculated the probable direction of travel and officers soon intercepted the fleeing ve- hicle. Within minutes of receiving the frantic 9-1-1 call, police had the suspects in custody. Once again, Dispatcher Ava was credited with providing officers with all the information they needed to solve another violent crime. Dispatcher Ava is not human, though – “she” is the Autonomous Voice Activation system (AVA). TODAY SHAPING TOMORROW The City of Chula Vista is the second largest city in San Di- ego County, encompassing 50 square miles with a population of 267,842 residents. The Police Department employs 246 sworn police officers and 90 professional support staff. The Chula Vista

Police Department (CVPD) has a reputation of being a progressive agency that prides itself on being cutting edge with technology and proactive in seeking solutions. Like almost every other law enforcement agency of a similar size, Chula Vista also staffs a full-service dispatch center. Although the center’s functions are essential to the delivery of police ser- vices, they are expensive, difficult to staff and unable to control the vast amount of data coming into and going out of the commu- nications center. For instance, CVPD employs 25 dispatchers and anticipates hiring another seven over the next two years. Each dispatcher costs about $70,000 each year, and the center has a total budget of more than $250,000. Finding qualified applicants who can answer 9-1-1 phone calls and multi-task under extreme pressure is challenging. Additionally, it takes six to nine months to train a dispatcher to be competent enough to work on their own. As is common in the profession, for every three dispatchers hired, only two will be successful in training. With the continual rise in emergency call volume, including text messaging, pictures and videos, the Department will need to hire more dispatchers to handle the increasing workload unless other means of doing the job can be found. What if, however, a police department could eliminate po- lice dispatchers from the annual budget? Could virtualization and automation of the communications center remove the need for humans to perform the dispatch function altogether? In fact, there are places where this is already happening. In Dubai, vir- tual dispatch centers exist that answer non-emergency calls and can walk citizens through the process of filing a police report. In Copenhagen Denmark, AI-powered technology called Corti is be- ing used to augment emergency dispatchers in EMS communica- tions centers. The Journal of Emergency Medical Services states, “Corti quickly assists dispatchers in concluding what is happen- ing by finding patterns in the caller’s description. Corti analyzes the full spectrum of the audio signal, including acoustic signal, symptomdescriptions, tone and sentiment of the caller, as well as background noises and voice biomarkers. These distinctive fea- tures of the call are immediately and automatically sent through multiple layers of artificial neural networks that look for patterns that might be useful for the dispatcher.” Could this technology be expanded to perform the full array of duties as a virtual police dis- patcher? It is useful to explore a possible future by traveling into a police department where they are working to integrate AVA into the fabric of their organization. A GLIMPSE INTO THE FUTURE... A SCENARIO It is a bright fall day in 2022. As has been the case for years, the River City Police Department (RCPD) is unable to find quality dispatch applicants and is faced with a financial crisis relating to the exorbitant cost of the 9-1-1 Communications Center. The De- partment contacts Future Insight, a technology firm specializing in artificial intelligence (AI) and cognitive analytics to test whether AI can be used to supplement or replace police dispatchers to ful- fill the mandates of running an emergency call center. AI being used to answer phone calls is not a new concept. Rarely do companies have employees answering telephones. For example, Google announced they have partnered with compa- nies like Cisco and Vonage to actively focus on using AI to replace call center workers. Google Cloud Chief Scientist Fei-Fei Li states, “When we studied the challenges faced by real contact centers ev- ery day, we found that customers often have simple transactional

continued on page 19

18 F B I N A A . O R G | N O V / D E C 2 0 1 8

F B I N A A . O R G | N O V / D E C 2 0 1 8

continued from page 18

emotions like resentment, blame, gratitude, guilt, indignation, or pride. The fear is that if AVA has emotions, she could become an- gry at callers, which could impact how she decides to send help or delays her response. RCPD did not approach their decision to automate their dis- patch center lightly. They learned a lot from AI-technology leader IBM , which led the development of “Watson,” their ever-expand- ing AI platform. Watson’s goal is “to tackle increasingly difficult real-world problems.” In this effort, Watson continues to gain learning capabilities enabling decision making and allowing for greater economic and societal benefits according to IBM’s senior VP for Cognitive Solutions and Research John Kelly III . Addition- ally, RCPD studied the report released by the federal government in 2016 identifying the potential impacts of implementing AI tech- nology tomitigate costs including the “positive contributions that will aggregate productivity growth.” They also visited the City of Dubai, which became the world's first unstaffed "smart" police station, allowing citizens to pay parking tickets, track criminal in- vestigations, and report crimes to real police officers using video calls and saw firsthand the success of using AI-technology to in- crease efficiency. As a result of their work to develop a suitable system, RCPD announced that, by the end of the year, River City would become the first law enforcement agency in the country to have an autonomous dispatch center.

or informational requests.” Google’s machine learning-powered customer representative using Cloud speech-to-text for accurate speech recognition answers the customer’s call. The customer is immediately greeted by a Virtual Agent that answers questions and fulfills tasks all on its own. If the customer’s needs surpass the Virtual Agent, the caller is transitioned to a human representative. The public probably will not care that it is a computerized voice answering their 9-1-1 call. They just want a cop to show up fast. Most people may forget they are speaking to a computer since they have come to accept the integration of technology into everyday life. Recognizing an opportunity, RCPD officials meet with researchers from Future Insight to discuss the possibility of using their technology in police dispatch centers. But one issue that RCPD was not prepared to answer was how “real” artificial intelligence should become. AI has been developed that learns and make decisions, but should it also have emotional intelligence, empathy, and even doubt itself? Developers point out that Siri, Alexa, and Cortana are not judgmental or reactive in attitude. They are machines that do what they were told. Would the community rather have AVA unemotional and lacking in empathy, or should she ques- tion a caller’s motive and even argue? Officials ultimately decide AVA should be understanding but detached of emotions, thinking the world is not ready for computers being capable of producing

19 continued on page 32

Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38

Made with FlippingBook - professional solution for displaying marketing and sales documents online