miami beach police department review and assessment (perf report) june 2014

Miami Beach Police Department

Review and Assessment

June 2014

Police Executive Research Forum

1120 Connecticut Avenue NW, Suite 930

Washington, DC 20036

TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................................................4

SCOPE OF WORK ..........................................................................................................................4

METHODOLOGY ............................................................................................................................5

FINDINGS .....................................................................................................................................6

AGENCY OVERVIEW ..............................................................................................................21

MAJOR ELEMENTS ASSESSED ............................................................................................24

RECRUITMENT, SELECTION, HIRING AND THE PROMOTIONAL PROCESS .........................................24

RECRUITING ............................................................................................................................................ 24

BACKGROUND INVESTIGATION AND SELECTION OF POLICE OFFICERS ............................................................ 25

PROMOTIONAL PROCESS .......................................................................................................................... 26

USE OF FORCE ...........................................................................................................................28

POLICY ................................................................................................................................................... 28

USE OF FORCE TRAINING ......................................................................................................................... 32

TACTICS ................................................................................................................................................. 33

REPORTING AND REVIEW PROCESS ........................................................................................................... 34

DOCUMENTATION..................................................................................................................................... 38

DEPARTMENT TRAINING ..............................................................................................................41

RECRUIT / POST ACADEMY TRAINING ......................................................................................................... 41

FIELD TRAINING PROGRAM ....................................................................................................................... 42

ANNUAL MANDATORY RE-TRAINING ........................................................................................................... 43

SPECIALIZED TRAINING............................................................................................................................. 44

FIRST-LINE SUPERVISOR TRAINING ........................................................................................................... 45

COMMAND .............................................................................................................................................. 46

ACCOUNTABILITY SYSTEMS ........................................................................................................47

INTERNAL AFFAIRS ................................................................................................................................... 47

EARLY INTERVENTION SYSTEMS ................................................................................................................ 53

OFF-DUTY AND SECONDARY EMPLOYMENT ................................................................................................ 59

POLICE PURSUIT ..................................................................................................................................... 70

SUBSTANCE ABUSE ................................................................................................................................. 73

BIAS-FREE POLICING ..................................................................................................................78

OFFICER TRACKING AND MONITORING ....................................................................................................... 78

RECRUIT AND IN-SERVICE TRAINING........................................................................................................... 78

DEALING WITH COMPLAINTS OF BIAS ......................................................................................................... 79

EFFORTS TO ADDRESS UNCONSCIOUS BIAS ............................................................................................... 79

FURTHER CHALLENGES ............................................................................................................................ 79

ADDITIONAL IDENTIFIED DEPARTMENT MATTERS ..........................................................................80

ORGANIZATIONAL RELATIONSHIPS ............................................................................................................. 80

SPECIAL ASSIGNMENT ROTATION .............................................................................................................. 80

IMPAIRED DRIVING ................................................................................................................................... 81

CRISIS INTERVENTION TEAMS ................................................................................................................... 82

CONCLUSION ..........................................................................................................................84

Miami Beach Police Department Assessment

June 2014


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EXECUTIVE SUMMARY

In February 2014, the Police Executive Research Forum (PERF) was contracted by the City of

Miami Beach to provide a review and assessment of the Miami Beach, FL Police Department

(MBPD). The study was a result of several high profile police incidents that had occurred over

the last several years. In 2011, a Memorial Day police-involved shooting, followed two months

later by an inebriated police officer riding an all-terrain vehicle on the beach striking and injuring

two pedestrians, led to significant changes and increased accountability within the MBPD. But

an August 2013 incident involving the death of a young man following an electronic control

weapon deployment prompted the city to request an external review of the agency. Of note, the

focus of this study was to examine how the department operates today, and NOT how the

department operated under previous chiefs or elected administrations.

As part of the assessment process, PERF conducted an on-site visit from February 24-27, 2014.

The on-site visit included five team members. PERF conducted over 50 interviews.

Interviewees included city leaders, the police chief, command staff, unit supervisors, and focus

groups. The MBPD provided documents for review prior to the teams on-site visit including

policies, personnel agreements, training materials and other departmental information.

The City of Miami Beach is located within Miami-Dade County in southeastern Florida. The

city is a barrier island of approximately seven square miles in land area. Miami Beach is a

popular coastal resort community with beaches, entertainment, and cultural activities with well-

known venues including the Art Deco Historic District and Ocean Drive. It is a popular location

for domestic and international tourists, seasonal residents, and year-round residents. The city

had an estimated 2012 population of 90,588 residents1 but reaches several hundred thousand for

special events and weekends.

Scope of Work

The City of Miami Beach requested PERF to conduct its assessment of the MBPD concentrating

on five areas:

1. Evaluation of the use of force and reporting processes;

2. Evaluation of recruitment, selection, hiring and promotion of officers;

3. Evaluation of departmental training;

1 US Census Bureau QuickFacts, http://quickfacts.census.gov/qfd/states/12/1245025.html


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4. Assessment of the departments accountability practices, early intervention system,

internal affairs procedures, and off-duty employment policies and practices; and

5. Evaluation of the departments policy, training and practice to prevent biased based

policing.

These specific topic areas were examined in relation to the departments overall policies,

procedures and practices. PERF focused particular attention on the MBPDs people, values, and

organizational culture.

At the request of city leaders, PERF included the assistance of Greenwood and Streicher, LLC, a

Cincinnati based consulting firm specializing in policing and government accountability

solutions. Coordination of the project was provided by the citys Office of Emergency

Management.

Methodology

PERFs assessment of the MBPD was a targeted approach concentrating on high risk and

sensitive issues. Three primary methodologies were used for the collection of information:

personal interviews; the collection, review and analysis of available data; and personal on-site

observations.

Documents provided by the city and department and reviewed by PERF included:

UCR crime records for the last three years,

MBPD position allocations for the last three years,

All agreements with employee organizations,

Contracts, memorandums of understanding, mutual aid, etc. between the MBPD and

other justice or law enforcement agencies which have an impact on city police services,

Prior assessments and staffing studies of the MBPD,

Use of force reports and internal affairs investigations,

MBPD statements of mission, vision and values,

Department policy and procedures,

Department training courses and curricula, and

Department reports including strategic plans and annual reports.

PERFs analysis of information was both quantitative and qualitative. PERF identified current

conditions and business practices, then compared them to progressive practices in policing,

considering the MBPDs beach, entertainment and cultural policing environment. Interviews

conducted with over 50 stakeholders examined previous high profile police incidents, current

department practices, departmental policy, training, and community views and expectations.


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Findings

Overall, PERF found the Miami Beach Police Department to have the characteristics of an

effective law enforcement agency. The department is accredited through the Commission on

Accreditation for Law Enforcement Agencies (CALEA) and, following a Gold Standard

Assessment in March 2013, received the Accreditation with Excellence Award. This report

contains recommendations that the department can use to further improve its operations. A list

of these recommendations and the section of the report to which they belong is below.

Organizational Structure

Recommendation: The MBPD should consider flattening the organizational structure at

the executive level thus improving the accountability and efficiency of command level

personnel. In addition, consideration should be given to combining the Support Services and

Technical Services Divisions under the command of one senior executive who, along with

the Operations Division commander, would report directly to the chief of police.

Recruitment, Selection, Hiring and the Promotional Process

Recommendation: The MBPD should establish a diverse selection review committee

comprised of four department members of four different ranks, one Department of

Human Resources personnel expert, and one community member to evaluate and rate

future police applicants. The group should review all eligible applicants in a formal

process, rating each qualified applicant as either above average, acceptable, or not a good

candidate for the agency. The chief would then review the committees

recommendations and, with final approval of the Department of Human Resources

director, select the best candidates for the city. The inclusion of both a Department of

Human Resources personnel expert and a Miami Beach community member bring

diversity and transparency to the process. The community member should be a volunteer

position approved by the department and available to serve a two year term.

Recommendation: The city and MBPD should negotiate alternatives to the current

contract so that the chief of police has the ability to select promotional candidates from a

group of top candidates rather than having to select the highest ranked candidate. The

ranks of sergeant and lieutenant are key positions within a law enforcement agency. The

chief of police should have the ability to select promotional candidates based on the

agreed upon testing process as well as candidates interpersonal skills, work performance,


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leadership capabilities, and for the best interests of the agency. This can be accomplished

by providing the chief with a small group of candidates to select from for each

promotional opportunity. Many law enforcement union contracts allow the chief to select

any one of the top three (or top five) highest scoring candidates.

Use of Force

Recommendation: The MBPD should amend the term used to describe the Taser

from the currently used Conducted Electrical Weapon to Electronic Control Weapon

(ECW). In 2011, PERF and the U.S. Department of Justices Office of Community

Oriented Policing Services released the 2011 Electronic Control Weapons Guidelines

publication2. The book serves as a guideline for all agencies regarding policy, training,

use, medical considerations, reporting and accountability, and public information and

community relations. The publication specifies the change in terminology from

Conducted Energy Device and other terms to Electronic Control Weapon.

Recommendation: The MBPD should refer to the ECW in all MBPD documents and

practices, including the Supervisors Report of Control of Persons, as Less-Lethal

force rather than the currently used term Non-Lethal.

Recommendation: The MBPD should review and change General Order 13-03,

subsection 4 which states, The CEW can be utilized by deploying the probes or using the

drive stun. The policy should state Officers deploying the ECW are discouraged from

using the weapon in the drive stun mode as a pain compliance technique. The drive stun

mode should be used only to supplement the probe mode to complete the incapacitation

circuit, or as a countermeasure to gain separation between the officer and the subject so

that the officer can consider another force option.

Recommendation: The MBPD should add additional language to General Order 13-03,

subsection 4 which states that when deploying the ECW, use of the CEW shall be

discontinued once compliance is achieved. In order to provide further clarification to

this directive, it is recommended that language be inserted to the effect that Personnel

should use an ECW for one standard cycle (five seconds) and then evaluate the situation

to determine if subsequent cycles are necessary. Personnel should consider that exposure

2 http://cops.usdoj.gov/Publications/e021111339-PERF-ECWGb.pdf


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to the ECW for longer than 15 seconds (whether due to multiple applications or

continuous cycling) may increase the risk of death or serious injury. Any subsequent

applications should be independently justifiable, and the risks should be weighed against

other force options.

Recommendation: The MBPD should conduct random audits of ECW data in order to

reconcile existing use of force incidents with recorded activations. After each use of an

ECW, a download of weapon data should occur and a printout kept along with the use of

force investigation. General Order 13-03 Conducted Electrical Weapon (issued 4/25/13

and supersedes SOP-17-Use of Force), makes no mention of downloading data from each

assigned ECW (Taser), either randomly or following the use of the weapon. Such data

provides clear evidence to show whether an ECW was deployed and whether the

recommended five-second cycle was exceeded.

Recommendation: The MBPD should have supervisors conduct daily roll-call

inspections of all personnel in order to verify that all officers are carrying all required

less-lethal weapons currently available to them. It is imperative to ensure that each

officer assigned to street duty has both the Aerosol Deterrent Spray and the ECW

available as less-lethal tools for any encounter. This gives the officer several options

other than resorting to the use of a firearm.

Recommendation: The MBPD no longer trains its officers to perform Applied Carotid

Triangular Restraint (ACTR), and does not recertify any officers; therefore the MBPD

should remove the ACTR from the use of force policy.

Recommendation: The MBPD should mandate a second yearly firearm qualification

course that is scenario based and tactically oriented. Scenario-based training will be

well received by officers and is critical to ensuring the department is reviewing the use of

force policy and preparing its officers for critical incidents including active shooter

situations, potential cross-fire situations, and use of concealment and cover.

Recommendation: The MBPD should require officers to complete a Control of Persons

report form for those instances when they use force but which do not rise to the

requirement that a supervisor complete the form. The current policy, SOP 017, section

V. Reporting Use of Force Incidents, does not require a supervisor to complete the

Supervisors Report of Control of Persons form when the use of force does not result in

an injury to the subject, when it is not likely to cause an injury to the subject or when the


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subject does not complain of an injury. Officers may document their use of force on their

incident report but there is no systematic way that these reports can be retrieved.

Therefore, the department does not have a complete view of the frequency and outcomes

of the use of force by officers. The annual report submitted by the Internal Affairs

commander is based on Control of Persons reports, not on all episodes were force was

used.

Recommendation: The MBPD needs to revise SOP 117 section IV.B.1.f, which limits

the officers contact to an attorney, an immediate family member, and/or a member of the

clergy or counselor, to include contact with a supervisor, who according to section

IV.B.2. a.4) is required to debrief the officer to ascertain if the officer, subject or any

other person is injured, if there are suspect at large, and the extent of the scene.

Recommendation: The MBPD should revise SOP 017 to specify that the same reporting

and investigative process will be used whenever deadly force is used regardless of the

outcome. It was reported to PERF interviewers that the same process is used regardless

of outcome. The policy needs to be revised to mandate this.

Recommendation: The MBPD should create a Use of Force Review Board (UFRB) to

review all cases involving use of force, both serious and minor. Not only should cases

involving firearms, use of an ECW, apprehension involving a K-9 bite, or any other case

involving serious injuries to officers and/or arrestees be assessed, so should cases where

no injury occurs. The function and operation of the panel can be handled in a similar

way to the Internal Affairs Investigations Disposition Panels already in existence, and

governed by General Order #12-05. The Internal Affairs Unit, which currently conducts

quarterly statistical analyses of use of force cases (on average 210 cases per year) where

the Control of Persons report is used should have the ability to recommend that certain

cases that meet specific criteria be sent to the UFRB.

It is recommended that a UFRB meet at least every two months. The board should

consist of a deputy chief or major chairing the group, two captains, and the manager of

the training unit.

The purpose of the board is to analyze each use of force, discuss the merits of the case,

and identify administrative sanctions, commendations, or training needs for each case.

Specifically the board should review each case with respect to:


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Compliance with MBPD policies;

Whether proper tactics were used by the officer(s);

Assessment of risk management issues for the department;

Adequacy of training; and

Whether the level of force was appropriate for the incident.

After thorough review of each case by the board, the board should recommend whether

further action is needed. If further action is needed the case should be returned to

Internal Affairs for follow-up.

Recommendation: The MBPD should include language in each Memorandum of

Understanding for assistance specifying that visiting officers must abide by MBPD use of

force policies. Furthermore, the MBPD should conduct recurring training sessions to

officers of outside agencies who regularly operate in the city of Miami Beach, on MBPD

use of force policies and reporting requirements. Completion of such training should be a

requirement for outside officers to work either on-duty or off duty in Miami Beach.

Department Training

Recommendation: The MBPD should update the Field Training Manual to reflect the

departments switch from utilizing a use of force matrix, or continuum, to using a system

of objective reasonableness, in which officers are required to gauge the level of a

subjects resistance, and respond with the appropriate level of force based on totality of

circumstances. This change is keeping with progressive practices and the landmark U.S.

Supreme Court case Graham v. Connor (490 U.S. 386).

Recommendation: The MBPD should require an additional 20 hours of annual

mandatory re-training for each officer. Although the department meets the minimum

FDLE requirement with 10 hours each year, this is a limited amount of time to cover a

variety of important topics for a modern and progressive police agency. This additional

training should include contemporary local or national law enforcement issues that will

likely have an impact on policing in Miami Beach.

Recommendation: The MBPD should include in upcoming annual mandatory re-

training sessions training specific to the topic of de-escalation and minimizing the use of


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force. A July 2013 PERF publication titled Civil Rights Investigations of Local Police:

Lessons Learned3 reveals that police use of force has been one of the primary issues

behind the U.S. Department of Justices (USDOJ) investigations of local police

departments for civil rights violations. One of the key aspects identified by USDOJ in

each mandate is the use of de-escalation techniques. De-escalation techniques involve

the ability of the officer to reduce or eliminate force as resistance decreases or stops. De-

escalation can also include the use of verbal skills to bring a peaceful conclusion to a

potentially confrontational event. This can be critical when dealing with subjects

exhibiting erratic or dangerous behavior due to mental illness, medical impairments, or

the influence of alcohol or drugs.

Recommendation: The MBPD should consider training all officers to deal with civil

disturbances with large crowds by providing Mobile Field Force training. The

department currently has a contingent of bicycle officers trained in the rapid response to

crowd related issues using the bicycle as a crowd control tool. In addition, there is a

regional civil disturbance team that has six MBPD officers assigned that can be activated

upon request. But in Miami Beach, large crowds are a common occurrence and problems

can arise quickly, leaving little time for response and regional assistance. Conducting

Mobile Field Force training for all officers on civil disturbance response, techniques,

and handling large crowds would be an asset to the agency. Conducting a yearly review

of this response should be included in the departments annual mandatory re-training.

Recommendation: The MBPD should provide basic first-line supervisor training to new

sergeants immediately following promotion by developing an in-house course. The

course can be created using computer based instruction, required readings, and

discussions with veteran sergeants and managers. By using adult based learning

principles, the absence of a readily available traditional training course can be countered.

The instruction must cover a variety of skills including basic responsibilities, department

expectations, communication skills, performance evaluations, and handling critical

incidents including use of force, ECW deployments, and responding to mentally ill

subjects. Skills in maximizing procedural justice and de-escalation should be included.

As openings become available for additional first-line supervisor training outside of the

3 Critical Issues in Policing Series, Civil Rights Investigations of Local Police: Lessons Learned. Police Executive

Research Forum, July 2013. http://policeforum.org/library/critical-issues-in-policing-

series/CivilRightsInvestigationsofLocalPolice.pdf


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agency, the sergeants should be given the training in order to further their understanding

of the position and its role and responsibilities. The department should continue its

current practice of assigning a more experienced sergeant to the newly promoted

sergeants for mentoring and assistance.

Recommendation: The department should institute a formal leadership development

program to prepare future leaders. Components should include requirements for formal

education, locally available leadership courses, and completion of at least one nationally

recognized course such as the FBIs Executive Institute, PERFs Senior Management

Institute for Police, Northwestern Universitys School of Police Staff and Command, or

the Southern Police Institutes Administrative Officers Course.

Accountability Systems

Recommendation: The MBPD should fill the Internal Affairs deputy commander

position with a lieutenant. This will allow for multiple layers of review of Internal

Affairs investigators work product.

Recommendation: The MBPD should add a requirement to its standard operating

procedure for the Internal Affairs function that members of the IA unit bring any conflict

of interest that is related to a current investigation to the attention of their immediate

supervisor and/or commanding officer and withdraw from such investigations. This

action will help to support the City of Miami Beachs efforts to ensure objectivity,

fairness, and equity in the MBPD IA function.

Recommendation: The MBPD should assemble a comprehensive policy and procedure

manual that includes specific directives which address the various issues necessary to

complete a fair and unbiased IA investigation, e.g. locating and interviewing witnesses,

prohibiting leading or hostile questions, judging witness credibility, probing

inconsistencies in witness/officer statements, obtaining medical records, and other

investigative tasks.

Recommendation: The City of Miami Beach should identify the primary languages

spoken within its jurisdiction by both residents and visitors so the MBPD can incorporate

them into the publication of its current complaint/compliment forms.

Recommendation: The Miami Beach Police Department should periodically publicize

its citizen complaint process and reiterate the access points for filing complaints against


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or compliments in support of police officers. Currently complaints can be made via the

departments web site but other venues can include community centers, chamber of

commerce offices, libraries, home offices of local advocacy groups, and other centers for

public gatherings.

Recommendation: The MBPD should add to the section of their standard operating

procedure which pertains to IA investigations, language requiring and specifically

directing the investigation of all incidents of collateral misconduct. Such investigations

should be identified as Collateral Misconduct Investigations and be subject to the same

closures as primary misconduct investigations. They should be reported as a separate

category of internal investigations.

Recommendation: The MBPD should use the full functionality of the IAPro system

incorporating all aspects of an effective Early Intervention System (EIS) including a data

sharing principle that would allow access by appropriate supervisors and command

personnel. Appropriate training should be provided to all supervisory/command personnel

in the agency to familiarize each with the IAPro system, its potential benefit when used

correctly, and to ensure effective implementation of the agencys EI system.

Recommendation: The MBPD should examine the extent to which there are differences

in officer behavior depending on assignment, as measured by triggering the Early

Intervention thresholds. Are officers as a group regularly assigned to the more active or

risky beats and shifts in South Beach more likely to exhibit behaviors that approach or

exceed the EI triggers than officers working the more placid beats and shifts in other parts

of the city? If such comparisons show significant differences, the department should, at

least temporarily, implement peer based comparison procedures as part of the EI system.

Officer performance should be assessed against that of their group of peers who work in

similar circumstances. However, if disparities are discovered based on work assignments,

the department should put greater emphasis on training its officers in procedural justice

and de-escalation techniques with the eventual expectation that a single set of thresholds

would apply to all officers.

Recommendation: The MBPD should adopt an annual external police oversight

mechanism such as an independent auditor, ombudsman, retired judge or prosecutor or

other hybrid component to conduct a review of all internal affairs investigations. The

U.S. Department of Justice has routinely mandated the creation of an external oversight

component in consent decrees and memoranda of agreements during the past 15 years.


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Such documents serve as excellent references for the considerations involved in

establishing an oversight mechanism.

Recommendation: The MBPD should implement a records management system,

designed specifically for the IA function, that incorporates cloud-based technology to

provide redundant backup systems in a secure environment. This system would permit

personnel to utilize electronic tablets for note-taking, recording statements, data sharing,

photographs, video production, and other functions during the investigative process, thus

improving effectiveness and efficiency. Such a transition would also permit the office to

be freed of clutter resulting from storage of closed case files maintained in compliance

with records retention laws.

Recommendation: The MBPD should strongly consider implementing the use of officer

body worn cameras. Technology in this field has improved significantly over the past

five years and adoption of this equipment is widely seen as the wave of the future in

policing. When used properly, these systems provide real-time audio and visual

recordings of all incidents where an officer has invoked his or her authority as a public

official. These recordings can greatly assist an agency in resolving complaints;

identifying, collecting, and preserving evidence; enhancing training; and improving front-

line supervision. Cloud-based, digital evidence management systems are also available

which assist the agency in maintaining the integrity of its investigations. The U.S.

Department of Justices Community Oriented Policing Services and the Police Executive

Research Forum will soon be releasing policy and practice recommendations regarding

the use of body worn cameras.

Off-Duty and Secondary Employment

Recommendation: The city should revamp its Off-Duty Employment Office and

establish it as a coordination office that is free of influence and/or control of the police

department. In addition, the city should consider creating a director position to act in an

autonomous fashion although still governed by a highly structured set of rules and

regulations specifically designed to enhance and maintain the integrity of the department

and city government. The director would evaluate and coordinate off-duty details with an

executive level MBPD staff member to ensure adequate controls and staffing are in place.

Where concerns over the secondary employment system exist, these safeguards can serve

as a major step in establishing control over the liability associated with off-duty paid

details.


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Recommendation: The MBPD should mandate that all details are controlled and

coordinated and that all officers are assigned by the Off-Duty Employment Office with

the office configured separate of the MBPD as recommend above. The MBPD job

coordinator position should be abolished and any closed details eliminated. The Off-

Duty Employment Office should perform all the duties that have been delegated to the

job coordinators and should be staffed appropriately. There should be no distinctions

among the assignment processes based on the type of detail. Instead, the Off-Duty

Employment Office should maintain a master calendar of all detail opportunities, along

with a master list of employees desiring to work off-duty details. The initial officer list

should be by seniority. Three weeks in advance of a detail, the first person on the list

should be offered the opportunity to work the detail. If that person chooses not to work

the detail, then the next person on the list is offered the opportunity, and so on down the

list. Once an officer accepts a detail, his/her name goes to the bottom of the list. If a

person refuses two straight opportunities to work, his/her name goes to the bottom of the

list. This process will end detail ownership and will provide a fair and equitable

process for those wishing to work off-duty details.

Recommendation: MBPD GO #13-08 section X.B.4 should be revised to prohibit

employees from being responsible for finding a replacement Full-Time Sworn Officer if

the employee is unable to work a scheduled off-duty detail. The employee should

immediately notify the Off-Duty Employment Office, which will find a replacement.

The MBPD should consider one of the available off-the-shelf personnel software

scheduling tools to assist the agency in notifying and scheduling officers for off-duty

details.

Recommendation: The Miami Beach Police Department should change SOP 011 section

X.B.12 from Officers of a higher rank may work a detail coordinated by a lesser

ranking officer to Officers of a higher rank are expressly prohibited from working a

detail coordinated by a lesser ranking officer. This recommendation may be moot if

the department eliminates the job coordinator position as recommended above.

Recommendation: The MBPD should mandate that a period of at least 15 minutes must

exist between an officers on duty working hours and his or her secondary employment.

This action would protect both the city and the secondary employer from paying for

services which cannot possibly be provided (i.e., it is impossible for an officer to be in

two places at the same time).


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Recommendation: Although command staff positions may work certain types of off-duty

jobs they should be prohibited from working off-duty details. The deputy chief, majors

and captains should be removed from the list of those eligible for off-duty details. These

management employees are salaried rather than hourly workers. They are not covered by

the FOP contract and according to federal Fair Labor Standards Act provisions are not

eligible for overtime. Working off-duty details diminishes their standing as command

officers.

Recommendation: The MBPD should further restrict the number of hours an officer

should be permitted to work secondary employment work on the days the officer is

working. The department should prohibit officers from working more than 14 hours in a

24 hour work day 10 hours on duty and no more than four hours in off-duty details.

The limitations on off-duty work provide protection against officers working an

excessive amount of hours which can lead to reduced effectiveness and a lack of

performance in either on, or off-duty capacities. The MBPD currently permits officers to

work 72 hours in a work week (40 hours on duty and up to 32 hours off-duty) and 18

hours in a day (i.e.,10 hours in the regular shift and up to an eight hour detail before or

after their regular tour of duty). This does not include off-time spent in court or overtime

required by exceptional circumstances. Exhaustion may lead to health issues and other

problems in ones personal and professional life, not to mention a reduced ability to

function effectively. The department should consider redefining the current limit of 72

hours worked per week to include regular hours, off-duty details, and overtime.

Recommendation: The Miami Beach Police Department should expressly prohibit its

employees from working off-duty as Personal Security Escorts as now permitted by SOP

0111, section XVI. Working as a body guard can easily create a conflict of interest and

could impair an officers independence of judgment.

Recommendation: The MBPD should incorporate language in its off-duty request

forms to remind the officer of his/her duties, obligations, and expectations. Although

these issues are addressed in other rules and regulations, the annual registration and re-

registration is a valuable tool in establishing the officers knowledge of his or her duties

and responsibilities. It also serves as a reminder to the officer that he or she is not an

independent contractor but instead an employee of the City of Miami Beach acting under

the color of law. This requirement would also serve to counter any claim that an officer

did not know, was not aware, or was never told that he or she was responsible to the city

as an employee. This excuse occasionally surfaces in arbitrations where an employee

pleads ignorance as an excuse for inappropriate behavior, somehow rationalizing that the


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city is at fault for not having made them aware of their status as an employee of the city,

despite working an off-duty detail in uniform and under color of law.

Use of Force Shooting at Vehicles

Recommendation: The MBPD should make it a high priority to update its Use of Force

policy to simply and specifically state that officers are prohibited from shooting at

vehicles unless the occupants are attempting to use deadly forceother than the

vehicleagainst them. Such policy is a nationally accepted best practice. Shooting the

operator of a moving vehicle does not result in a stopped vehicle it simply raises the

chances of danger or injury from an uncontrolled vehicle.

Drug and Alcohol Testing

Recommendation: The city and the MBPD should develop clear and unambiguous

policy and protocols that mandate alcohol testing for police officers on both a random

and reasonable belief basis. Public confidence in the police department and the safety of

both the public and police officers will be enhanced by testing aimed at precluding that

officers are impaired by alcohol (as well as drugs).

Recommendation: The City of Miami Beach should expand its drug testing policies for

the police department to include modern, commonly abused, synthetic drugs such as bath

salts and performance enhancing drugs, such as steroids. Furthermore, the city should

include alcohol in its testing policy as a means of enhancing its commitment to creating

the safest possible operating environment for both internal and external customers.

These expansions to the current policy would bring the City of Miami Beach in line with

contemporary best practices and help to hold its police officers to a high standard of

accountability.

Recommendation: The City of Miami Beach should strengthen its substance abuse

policies governing the MBPD as follows. The departments policies should replicate the

citys policies as a method of reiterating the importance of officers working without

impairment. MBPDs policy, as cited in city policy, should:

Clearly identify the conditions which trigger tests administered for drugs and/or

alcohol, i.e. pre-employment, random, reasonable suspicion, post-crash and

serious use of force, return to duty, and follow up.


June 2014


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Define any incidents where drug and/or alcohol testing is mandated, e.g.

immediately following an officers involvement in a critical incident. Policy

should include a prohibition from drinking any alcoholic beverages or ingesting

any drug until after testing has been completed.

Define exactly which supervisor(s) can make a decision regarding reasonable

suspicion testing and the specific criteria that personnel must consider in making

such a decision.

Include language requiring every employee to immediately report to a supervisor

or commander, any knowledge or suspicion they have that a fellow employee may

be under the influence of drugs and/or alcohol while on duty. This mandate

should also include language which requires all employees to immediately report

themselves to a supervisor if they have reported for duty under the influence of

any alcohol or drug, including prescribed medications, which may impair

performance.

Include language which prohibits the use of alcohol for a specified amount of

time before reporting for ones tour of duty, e.g. 8 hours prior to performance of

duty.

Include language which provides guidance for action if an employee tests positive

for alcohol yet the BAC is less than 0.04%, such as immediate relief from duty

and restriction from returning to duty for a specified period of time (24 hours)

plus follow up testing to determine his or her level of sobriety. The city has

benchmarked 0.04% as the threshold for determining a positive alcohol test.

There is no language directing action for a person who tests between 0.02 and

0.039% therefore, it appears as though such an incident would simply be ignored.

This is a critical consideration as police officers may be required to make split-

second decisions about the use of deadly force or operate a vehicle under

emergency conditions during their tour of duty.

Mandate employee training to include the distribution of educational materials

regarding these requirements and methods for meeting such requirements.

Define a specific training period for all employees to ensure awareness of the

Citys policies, procedures and protocols.

Mandate specific annual training for all supervisors on the various performance

indicators of probable drug or alcohol use/impairment. The training should also

include instruction on the specific duties and responsibilities of all supervisors

should they be confronted with such a situation including the report of such

conditions from a fellow employee or a member of the public.


June 2014


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Bias-Free Policing

Recommendation: The MBPD should address perceptions of racial bias in its special

events operations by engaging in targeted outreach to civil rights, civil liberties, and

minority rights advocacy groups. This will assist in improving its relationships with

various advocacy groups and members of the public. In addition, the City should

consider creating a special events coordinator position within the department as discussed

in the off-duty details section.

Additional Identified Department Matters

Recommendation: The MBPD should review duty assignments particularly among the

Special Operations Units Assertive Crime Enforcement, Crime Suppression Team, and

Strategic Investigations Squad to ensure that periodic rotations are occurring for both

officers and sergeants. Proactive prevention measures such as rotation of duty

assignments in areas described above should be part of any agencys misconduct

prevention strategy. A maximum 4-year assignment in the Special Operations Unit

would provide officers throughout the department with an opportunity to serve in these

specialized units as well as provide fresh perspectives and diversity in the units.

Recommendation: The MBPD should enhance its DUI enforcement efforts through the

combined use of the Motor Squad, the Special Operations Units Assertive Crime

Enforcement Squad and two Crime Suppression Teams. These units, working together as

part of their regular enforcement duties using saturation patrols and occasional DUI

checkpoints, would enhance the departments DUI enforcement efforts and combat other

potential criminal acts discovered through traffic enforcement.

Recommendation: The MBPD should implement crisis intervention training in both

post academy and its yearly in-service training. Based on the number of mental health

and alcohol related incidents the agency responds to, crisis intervention training is a

necessary and practical tool.

Recommendation: The city and the MBPD should establish crisis intervention teams

that are a combination of law enforcement officers and mental health providers. Such

teams in other jurisdictions are often available seven days a week and dispatched by 911

operators. The teams are most often used in police encounters with mentally ill persons,

suicidal threats, emergency commitments, drug and alcohol related crisis, and situational


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crisis. Incorporating a working team of officers or combination of officer and mental

health providers specially trained to handle crisis intervention events would serve as an

asset to the city. A model to be examined is in place in the Palm Beach County Sheriffs

Office.


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AGENCY OVERVIEW

The Miami Beach Police Department (MBPD) is a full-service law enforcement agency

comprised of an authorized 387 sworn officers and approximately 86 civilian personnel. The

department previously had 157 civilian personnel but recently reassigned the 911 communication

center responsibilities to the citys Office of Emergency Management.

The department is accredited through the Commission on Accreditation for Law Enforcement

Agencies (CALEA). Following a Gold Standard Assessment in March 2013, the agency

received the Accreditation with Excellence Award. The Gold Standard Assessment for

CALEA is a voluntary assessment that focuses on processes and outcomes associated with

standards specific to the agency. It is designed to measure the impact of accreditation as

compared to just confirming compliance.4

Sworn officers at the rank of officer, sergeant, and lieutenant are all represented by the Miami

Beach Fraternal Order of Police Lodge 8 (FOP). Command level personnel serving as captains,

majors, and the deputy chief, all serve at the selection and pleasure of the chief of police. An

individual serving in this capacity can be demoted from this position and return to their

previously held position of lieutenant or below unless the reason for demotion is misconduct

resulting in discipline and termination.

As part of PERFs review and assessment preparation process, it conducted a broad review of the

MBPDs current organizational structure. The focus of this review and follow-up discussion

with command personnel centered on the following areas:

Is the departments structure in line with the structure of comparable agencies?

Does the departments structure correspond to what the professional knowledge of the

study team has discovered to be efficient and effective in terms of efficient allocation of

personnel and effective matching of organizational units to tasks?

What alterations are needed in the structure to help the department implement its strategic

vision?

4 http://www.calea.org/content/calea-gold-standard-assessment


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The departments organizational chart follows:

Office of the Chief of

Police

Internal Affairs

Community Affairs

Office

FOP

Financial

Management

Grants Management

and Public Safety

Special Projects

Planning and

Research

PAL

Support Services

Division

Technical Services

Division

Training Unit

Property and

Evidence Unit

Business and

Personnel

Resources Unit

Professional

Standards and

Information Resources

Records

Management

Section

Operations

Division

Operations Division

XO

Special Operations

Unit

Area 1 (South)

Area 2 (Middle)

Area 3 (North)

Criminal

Investigations Unit

(CIU)

Special Events

Lieutenant

AIU

School Liaison

Assertive Crime

Enforcement Squad

(ACE)

Crime Suppression

Team

(CST)

Strategic

Investigations

Squad

(SIS)

Neighborhood

Resource Officer

Motorcycle Squad

Washington Ave.

Walking Beat

Neighborhood

Resource Officer

Neighborhood

Resource Officer

Homicide

41st Street

Walking Beat

Collins Ave. and

71st St.

Walking Beat

Property and

Economic Crimes

Motorcycle Squad

Motorcycle Squad

Robbery

Detention Officers

(Citywide)

Marine Patrol

(Citywide)

RDA Officer

Crime Analysis

Crime Analysis

Special Victims

Violent Crimes

Crime Scene

Squad

Crime Analysis

K-9 Squad

Crime Analysis

The MBPD is organized into three divisions: Operations Division, Support Services Division,

and Technical Services Division. The Support Services Division includes the Training Unit, the

Property and Evidence Unit, and the Business and Personnel Resources Unit. The Technical

Services Division is comprised of Professional Standards and Information Resources, and the

Records Management Section. All patrol, specialized operational response teams, and

investigative components are assigned within the Operations Division.

Although the configuration of the department at the division level is commonly found in

similarly sized municipal agencies, the number and rank of personnel reporting to each division

commander, a major, varies significantly among divisions. For example, in the Technical

Services Division, there is only one lieutenant and one captain. In a traditional paramilitary

organization, the lieutenant reports directly to the captain who then reports directly to the


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division major. This leaves both the Technical Services major and captain with only one direct

reporting sworn officer; a span of control of one. There are 19 total personnel under the

command of the Technical Services Division major compared to almost 250 sworn and civilian

personnel under the command of the Operations Division major. This is a significant difference

in responsibility and accountability and what PERF believes is an inefficient use of command

personnel.

Similar to the Technical Services Division, the Support Services Division has roughly 40 total

personnel with no captains and three lieutenants reporting directly to the division major.

Recommendation: The MBPD should consider flattening the organizational

structure at the executive level thus improving the accountability and efficiency of

command level personnel. In addition, consideration should be given to combining the

Support Services and Technical Services Divisions under the command of one senior

executive who, along with the Operations Division commander, would report directly to

the chief of police.


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MAJOR ELEMENTS ASSESSED

The following sections describe the key areas examined as part of the review and assessment

process. During the course of PERFs review, several additional areas for the city and MBPDs

consideration were identified. They too have been described with appropriate recommendations.

Recruitment, Selection, Hiring and the Promotional Process

Recruiting, evaluating, and selecting the right individuals for a police agency are essential for the

departments success. The process involves many steps, often including a written exam, physical

agility test, oral interview, drug screen, background investigation, polygraph, and medical and

psychological screening. The process can often take months to complete before officers are

offered a position within the agency. Ensuring a fair, impartial, valid, and reliable process that

attracts diverse and qualified individuals is necessary to create a professional law enforcement

agency.

Recruiting

As a result of good pay, benefits, and a world renowned location, the MBPD has had no notable

issues in recruiting a large pool of police applicants. The recruiting process, which is initially

handled by the citys Department of Human Resources, involves an on-line advertisement and

application process that is open for several weeks or as needed.

In the mid 2000s, the city began recruiting and hiring only currently Florida certified police

officers or applicants who had successfully completed a Florida Basic Law Enforcement

Training program. Most applicants therefore come from other Florida law enforcement agencies

or have completed an academy program and are eligible for certification if hired. Interviews with

department staff viewed hiring certified officers or officers eligible for certification as a cost

savings approach implemented by the city. The department previously had a more traditional

process of hiring most recruits with no experience and placing them into a locally run police

academy. Although there can be benefits and potential problems with hiring only certified police

officers, with various training and experience from their previous agency, the MBPD has not

identified any particular problems or patterns where this has been an issue for the agency.

A primary disadvantage of this system is that the department ends up hiring only those who self-

selected themselves to be police officers. Many departments of Miami Beachs size strive to

create a workforce with diverse backgrounds and have recruitment efforts that seek to attract

teachers, home-makers, accountants, clerks and other who bring their diverse life experiences

into policing.


June 2014


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The city has recently sought the services of IO Solutions5, an Illinois-based human resources

firm that specializes in public safety personnel processes, to assist the city in improving its hiring

and promotional process. IO Solutions conducted job analyses for the positions of police officer,

sergeant, and lieutenant. Using the results of this analysis, they are scheduled to provide the city

with assistance in its hiring process soon. They have already assisted in the promotional process.

The new hiring process will include a new written test and a structured panel interview. IO

Solutions will then prepare a list of qualified officers for submission to the city. The test and

structured interview is a new and effective step in the hiring process and is commonly found in

progressive police agencies.

Background Investigation and Selection of Police Officers

Once a list of qualified candidates has been provided to the MBPD, detectives from the Business

and Personnel Resources Unit initiate the background investigation. The process can take two to

three months and was found to be an extensive and thorough process, similar to those used in

other professional police agencies. The process includes the following 15 areas:

1. Review of current and previous employers going back 10 years,

2. Criminal history checks,

3. Confirmation of educational history,

4. Review of use of controlled dangerous substances,

5. Review of military service if applicable,

6. Review of prior police certification,

7. Personal references and review of social media sites,

8. Review of credit history,

9. Review for application to other police agencies which includes review of internal files

and issues,

10. Review of driving record,

11. Neighborhood checks,

12. Home interview,

13. Truth verification testing (MBPD utilizes the Computer Voice Stress Analyzer),

14. Medical evaluation (following conditional offer of employment), and

15. Psychological evaluation (following conditional offer of employment).

When thoroughly evaluated, the 15 areas identified above should provide the agency with

sufficient information to determine whether candidates should be eliminated from further

5 http://www.iosolutions.org/default.aspx


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consideration for failure to meet state or city standards. For example, elimination could occur as

a result of admitted or identified drug use that exceeds standards, criminal activity, unresolved

credit issues, or excessive debt. An essential piece of the background investigation is to ensure

the candidate has sound moral character as determined by the agency. Interviews of department

staff and review of the department policy and practice indicate the department is following

progressive practices in the background process.

Upon completion of the background investigation, applicants who meet all minimum standards

are reviewed by the Support Services Division sergeants, lieutenants and major. Their

recommendations are then sent to the chief of police for the chiefs selection. Then the

Department of Human Resources director reviews the selection since in Miami Beach the HR

director is the final hiring authority.

Recommendation: The MBPD should establish a diverse selection review committee

comprised of four department members of four different ranks, one Department of

Human Resources personnel expert, and one community member to evaluate and rate

future police applicants. The group should review all eligible applicants in a formal

process, rating each qualified applicant as either above average, acceptable, or not a good

candidate for the agency. The chief would then review the committees

recommendations and, with final approval of the Department of Human Resources

director, select the best candidates for the city. The inclusion of both a Department of

Human Resources personnel expert and a Miami Beach community member bring

diversity and transparency to the process. The community member should be a volunteer

position approved by the department and available to serve a two year term.

Promotional Process

The promotional process for the ranks of sergeant and lieutenant are well described in the

Agreement between City of Miami Beach, Florida and Miami Beach Fraternal Order of Police

William Nichols Lodge No. 8, period covered October 1, 2012 through September 30, 2015.

Highlights of the process are identified below.

The city and MBPD prepare and administer the promotional process every two years. Officers

must have four years of service to be eligible to test for sergeant and that sergeants must have

two years in service at the rank of sergeant to test for lieutenant. Seniority and educational bonus

points are added to a candidates final score. The department may request a potential candidate

not be allowed to partake in the promotional process. Although this does not seem to have been

utilized in the past, it could be used in the event of current or past significant performance or


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policy violations issues. In order to do so, justification must be provided. A final decision as to

whether such a request is granted is made by the city manager or the managers designee from

the Department of Human Resources.

The negotiated bargaining agreement requires that a promotional committee, as established and

defined by the union agreement, be selected to review and determine what test materials should

be used for both the sergeant and lieutenant promotional process. Once this process is

completed, the committee provides its recommendations to the chief of police. The chief then

reviews the recommendations with FOP representatives. Upon mutual agreement, the selected

topics for testing are provided to the citys contractor, IO Solutions. Officers are provided

several months to review and prepare for the test. At the end of the process, each candidate is

provided a numerical score. Any conflicts or issues arising in the promotional process are

handled by the chief of police with the assistance of the director of Human Resources.

IO Solutions has conducted a job analysis for the positions of sergeant and lieutenant. As part of

the process, IO Solutions reviewed position-required skills, knowledge and abilities, discussed

position requirements with various department staff, and conducted ride-alongs to see how

incumbents perform. Based on this analysis, the process now requires that candidates for

sergeants pass a written test with a minimum score of 70%. Those who pass the written exam

are further assessed in a structured process where they must complete a written exercise,

simulate a shift briefing, and undergo a panel interview with sergeants from other police

agencies. The structured process is scored numerically and a final score is calculated with the

written exam and the assessment process each having equal value.

Those competing for lieutenant must pass a written test with a minimum score of 70%. Those

continuing in the process will go through an assessment process starting with a written exercise

involving the preparation of a police operational plan. This is followed by a structured interview

process with interviewers who are lieutenants from other police agencies. The candidates are

provided a numerical score rating their performance in the assessment process. Similar to the

sergeant process, a final score is calculated for each candidate with the written exam and the

assessment process each having equal value.

The outcome of both promotional processes is a list of candidates ranked by numerical score. If

candidates have identical scores, their rank is determined by seniority in their current position.

The list lasts for two years. The current FOP contract requires that the chief appoint the

candidate with the highest score. If there are multiple openings the chief must continue

down the list in rank order.


June 2014


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Recommendation: The city and MBPD should negotiate alternatives to the current

contract so that the chief of police has the ability to select promotional candidates from a

group of top candidates rather than having to select the highest ranked candidate. The

ranks of sergeant and lieutenant are key positions within a law enforcement agency. The

chief of police should have the ability to select promotional candidates based on the

agreed upon testing process as well as candidates interpersonal skills, work performance,

leadership capabilities, and for the best interests of the agency. This can be accomplished

by providing the chief with a small group of candidates to select from for each

promotional opportunity. Many law enforcement union contracts allow the chief to select

any one of the top three (or top five) highest scoring candidates.

Use of Force

Incidents involving use of force by MBPD officers often gain significant media attention because

of the citys high profile. Miami Beach attracts large groups of people, large scale events and

celebrities. What happens in Miami Beach is often of national interest. MBPD officers, over

the last few years, have been involved in use of force incidents that have resulted in a great deal

of focus on how the police department trains its officers in the use of force.

As part of its review, PERF conducted wide ranging interviews with officers, supervisors,

managers at all levels, and training personnel. PERF also reviewed all MBPD policies and

training documents relating to use of force, use of force investigations conducted by Internal

Affairs, and participated in several ride-alongs to observe first-hand officer interactions with the

community.

Policy

The policy governing use of force in the MBPD is SOP-017, last updated in May 2009.

According to MBPD, an updated policy is being written. At the time of this report, it had not

been released. The various parts of the use of force policy are discussed below.

Firearms

The policy governing the firearms training, use and inspection is SOP-007, last revised in 2011.

The policy provides guidance regarding the types of weapons officers, supervisors and managers

may carry and under which circumstances. Uniformed officers may only carry the Sig Sauer

P226 .40 caliber semi-automatic pistol that is issued by the department. Those in non-uniformed


June 2014


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assignments, or who are members of the command staff may carry either the P226 or the P239

.40 caliber handgun supplied by the department. Non-uniformed officers are allowed to carry

alternate primary firearms; however, such weapons must be a .40 caliber handgun and must be

purchased by the member and authorized by the range master.

The MBPD also allows officers to carry back-up firearms. The back-up firearm must be an

approved department firearm, purchased by the officer, and carried in a concealed manner.

Officers must provide their own ammunition for training and requalification, and are held

responsible for care and maintenance of the firearm. Weapons are checked annually by firearm

instructors and armors.

The MBPD requires its officers to carry department authorized firearms while off-duty whenever

driving a city owned or leased vehicle.

Conducted Electrical Weapon

General Order 13-03 amended the term Electronic Control Device (ECD) to Conducted

Electrical Weapon (CEW), and supplements SOP-017, which governs use of force policies.

Recommendation: The MBPD should amend the term used to describe the Taser

from the currently used Conducted Electrical Weapon to Electronic Control Weapon

(ECW). In 2011, PERF and the U.S. Department of Justices Office of Community

Oriented Policing Services released the 2011 Electronic Control Weapons Guidelines

publication6. The book serves as a guideline for all agencies regarding policy, training,

use, medical considerations, reporting and accountability, and public information and

community relations. The publication specifies the change in terminology from

Conducted Energy Device and other terms to Electronic Control Weapon.

From this point forward, the report will utilize the term Electronic Control Weapon

(ECW) unless quoting portions of the departments current policy.

ECW falls under the non-lethal weapons category according to MBPD policy. It is more accurate

to refer to the ECW in this category as less-lethal rather than non-lethal.

6 http://cops.usdoj.gov/Publications/e021111339-PERF-ECWGb.pdf


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Recommendation: The MBPD should refer to the ECW in all MBPD documents and

practices, including the Supervisors Report of Control of Persons, as Less-Lethal

force rather than the currently used term Non-Lethal.

The only approved ECW devices in the MBPD are the Taser X26 and Taser X2. The ECW can

only be used under the following circumstances:

The subject is not in the immediate control of the officer but poses a threat,

The officer perceives a threat to himself, other persons, property, or self-inflicted injury, and

An animal posing an immediate threat.

MPBD officers are prohibited from using the weapon when:

The subject is in an elevated position and could fall as a result of the use of ECW,

There are flammable materials nearby,

The subject is a pregnant female, a child under 13, or an elderly person,

The subject is in control of a motor vehicle, and

The subject is handcuffed.

Lastly, MBPD officers are prohibited from intentionally discharging the ECW at the eyes, groin,

or face of a subject, unless deadly force is authorized.

Recommendation: The MBPD should review and change General Order 13-03,

subsection 4 which states, The CEW can be utilized by deploying the probes or using the

drive stun. The policy should state Officers deploying the ECW are discouraged from

using the weapon in the drive stun mode as a pain compliance technique. The drive stun

mode should be used only to supplement the probe mode to complete the incapacitation

circuit, or as a countermeasure to gain separation between the officer and the subject so

that the officer can consider another force option.

Prior to deploying an ECW, officers are required to provide verbal warnings to the subject,

unless tactically unfeasible. Prior to deployment, officers are also required to announce Taser

to alert other officers nearby. Once the ECW is deployed, officers are to discontinue use once

compliance is achieved. Fire and rescue personnel are summoned to the scene in all cases

involving injury as a result of the deployment. Only specially trained department personnel or

medical personnel are authorized to remove the probes from the individual struck in the head,

throat, groin, or other sensitive area.


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Recommendation: The MBPD should add additional language to General Order 13-03,

subsection 4 which states that when deploying the ECW, use of the CEW shall be

discontinued once compliance is achieved. In order to provide further clarification to

this directive, it is recommended that language be inserted to the effect that Personnel

should use an ECW for one standard cycle (five seconds) and then evaluate the situation

to determine if subsequent cycles are necessary. Personnel should consider that exposure

to the ECW for longer than 15 seconds (whether due to multiple applications or

continuous cycling) may increase the risk of death or serious injury. Any subsequent

applications should be independently justifiable, and the risks should be weighed against

other force options.

Supervisors are required to respond to all ECW deployments and request the services of the

Crime Scene Section (CSS) to photograph the subject of the force. Current practices, however,

do not dictate that the ECW data must be downloaded after each use in order to gather

information about the discharge.

Recommendation: The MBPD should conduct random audits of ECW data in order to

reconcile existing use of force incidents with recorded activations. After each use of an

ECW, a download of weapon data should occur and a printout kept along with the use of

force investigation. General Order 13-03 Conducted Electrical Weapon (issued 4/25/13

and supersedes SOP-17-Use of Force), makes no mention of downloading data from each

assigned ECW (Taser), either randomly or following the use of the weapon. Such data

provides clear evidence to show whether an ECW was deployed and whether the

recommended five-second cycle was exceeded.

All ECW battery or cartridge exchanges, which occur at the departments Property and Evidence

Unit, must be accompanied by all reports, including the Supervisors Report of Control of

Persons, which documents the use of the ECW. This current practice provides an extra layer of

control and ensures that officers are not failing to report ECW discharges or malfunctions.

Recommendation: The MBPD should have supervisors conduct daily roll-call

inspections of all personnel in order to verify that all officers are carrying all required

less-lethal weapons currently available to them. It is imperative to ensure that each

officer assigned to street duty has both the Aerosol Deterrent Spray and the ECW

available as less-lethal tools for any encounter. This gives the officer several options

other than resorting to the use of a firearm


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In order to carry and deploy a ECW, officers must undergo training through a six hour course,

which includes classroom instruction, practical hands-on training that tests officers ability to fire

the ECW at a target, and scenario based situations. All officers who are authorized to carry the

ECW must retrain with the device annually. This training and yearly re-certification are in

keeping with progressive practice.

Applied Carotid Triangular Restraint

SOP 017 (Use of Force) includes the use of Applied Carotid Triangular Restraint, commonly

referred to as a choke-hold, as a type of physical control officers may resort to. The policy

stipulates, however, that prior to utilizing this technique, officers must attend an eight hour

training course which includes classroom and hands-on training. However, based on interviews

with members of the training staff, this technique is no longer taught and there are only three

members in the MBPD qualified to engage this tactic.

Recommendation: The MBPD no longer trains its officers to perform Applied Carotid

Triangular Restraint (ACTR), and does not recertify any officers; therefore the MBPD

should remove the ACTR from the use of force policy.

Use of Force Training

The sections below describe training for both firearms and the ECW.

Firearms training

MBPD officers are required to attend various training that covers use of force, at least annually.

The MBPD training unit is responsible for conducting the training as well as keeping track of all

sworn members who have received the training. Those who do not complete training are

typically relieved of performing street duty until they comply.

Currently, MBPD officers must re-qualify with all firearms a minimum of once a year. Records

are kept by the agencys firearms training unit which keeps track of all qualifications in the

department. Should a member not appear for training for any reason, a notification is sent

through the chain of command to the officers supervisor to ensure compliance with policy. Only

members in a non-full duty status or those absent for military deployments are excused from the

requirement to re-qualify. However, upon return to duty, each member must report for firearm

re-qualification.


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In addition to range qualification, the MBPD uses a training simulator that can provide scenario

based driving, firearms, and less-lethal weapons training.

MBPD policies stipulate that any officer who fails to demonstrate proficiency while attending

firearms training is offered a second chance immediately. If an officer fails during the remedial

training, he/she is offered a third attempt. If after the third attempt the officer still fails to

demonstrate proficiency, the officers immediate supervisor is notified and the officer is

temporarily assigned to a position that does not require the carrying of a firearm. At this stage,

the officer is scheduled for a 40-hour block of firearm instruction, and if the member fails this as

well, policy dictates that the officer is transferred to a non-sworn classification or recommended

for dismissal.

Recommendation: The MBPD should mandate a second yearly firearm qualification

course that is scenario based and tactically oriented. Scenario-based training will be

well received by officers and is critical to ensuring the department is reviewing the use of

force policy and preparing its officers for critical incidents including active shooter

situations, potential cross-fire situations, and use of concealment and cover.

Tactics

The Miami Beach Police Department has switched from utilizing a use of force matrix, or

continuum, to using a system of objective reasonableness, in which officers are required to gauge

the level of a subjects resistance, and respond with the appropriate level of force based on

totality of circumstances. This change is keeping with progressive practices and U.S. Supreme

Court case Graham v. Connor (490 U.S. 386), which determined that an objective

reasonableness standard should apply to law enforcement officers in use of force situations.

Some factors officers must consider while making use of force decisions are:

Seriousness of the crime committed

Size, age and weight of the subject

Apparent physical ability

Weapons present

Known history of violent behavior

Medical condition, including mental state

Number of subjects present

Additionally, officers must assess situational factors, such as:

Size, ability, and defensive tactics expertise of the officer


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Number of officers present during the encounter

Presence of innocent persons

Weapons or other restraint (less lethal) devices available to the officer

Whether the subject can be captured at a later time

Finally, officers must also assess legal requirements and department policies when deciding what

type, if any, force will be used to effect an arrest or protect bystanders.

MBPD policies and training dictate that officer response options fall into the following main

categories:

1. Physical control (non-deadly force) using empty hand controls to achieve compliance. 2. Non-lethal weapons (non-deadly force) utilizing weapons such as expandable batons,

stun guns, flashlights, chemical sprays, and the use of department K-9.

3. Deadly Force application of force that is likely to cause death or great bodily harm.

Reporting and Review Process

There are two processes for handling use of force investigations: incidents involving deadly

force and those involving what MBPD currently calls non-deadly force.

Non-Deadly Force

The current process for handling use of force reviews and investigations for incidents involving

non-deadly force is as follows: An officer in the field uses force against an individual.

Departmental regulations require that the officer immediately notify a supervisor. Once the

supervisor arrives on the scene, he/she is required to interview the involved officer(s), ensure that

all witnesses, including witness officers, are accounted for and interviewed, and to ensure that

Crime Scene units respond to the incident location to take photographs and recover any

evidence. The supervisor is also required to interview the subject of the force, and fill out a

Supervisors Report of Control of Persons form. However, there is no requirement that the

Control of Persons form be filled out unless the use of force resulted in an injury to the subject,

or was likely to cause injury to the subject or cause a subject to complain of an injury. If there is

no injury no supervisory report is required.

Under current policies, supervisors are required to report use of force incidents by completing

the Supervisors Report of Control of Persons when one of the following occurs:


June 2014


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1. Whenever any degree of force is utilized which results in injury to the subject, is likely to cause an injury to the subject, or if there is a complaint of injury made by the subject.

2. Whenever a firearm is discharged in the City of Miami Beach, except in training situations or when an unintentional discharge occurs, and there are no injuries involved.

3. Whenever an Electronic Control Weapon (ECW) or Aerosol Deterrent Spray (ADS) is used, except in training situations or unintentional discharges not involving injuries.

4. In cases where an impact weapon is used as a striking instrument, not including training situations.

5. Whenever an Applied Carotid Triangular Restraint (choke hold) is utilized.

6. In all cases involving an actual or perceived injury resulting from a police canine apprehension.

7

When supervisors are required to fill out the Control of Persons form, it must be completed prior

to the expiration of their shift. In order to track the

miami beach police department review and assessment (perf report) june 2014

Documents

department training

specialized training

use of force training

field training program

line supervisor training

review process

recruit post academy

promotional process