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01/17/2020 - Retreat - Packet�Dh4 ORCHARD City of Port Orchard: Council — Mayor — Directors Retreat January 17, 2020 1 9:00 am — 3:00 pm Puerto Vallarta Restaurant (1599 SE Lund Ave, Port Orchard, WA 98366) Final v.1-8-20 Purpose: The 2020 retreat will focus on setting the priorities for the 2021-2022 biennial budget. .. Topic Welcome (Mayor Putaansuu) 9:00 am (5 min) • Overview of retreat purpose 9:05 am City Council Committee Assignments (Mayor Putaansuu and Brandy Rinearson) (55 min) • Discuss 2020 City Council Committees and councilmember assignments (no Directors in attendance) 10:00 am State of the City: 2019 Overview and 2020 Plans (Mayor Putaansuu) (50 min) • Directors arrive • Review outcomes of 2018 Council -Mayor -Directors retreat • Discuss 2019 accomplishments • Highlight 2020 items for implementation 10:50 am Break (10 min) 11:00 am Directors Work Plans and Future Priorities (Mayor Putaansuu) (90 min) • Municipal Court (Judge Tim Drury and Court Administrator Sharon Ells) —10 minutes • Police Department (Chief Matthew Brown) —10 minutes • City Clerk (Clerk Brandy Rinearson) —10 minutes • Finance Department (Director Noah Crocker) —10 minutes o Human Resources (Director Debbie Lund) • Community Development (Director Nick Bond) —10 minutes • Public Works (Director Mark Dorsey) —10 minutes • Question and answers — 30 minutes 12:30 pm Lunch (provided) 1:00 pm Council Goal Setting (Sophie Glass, Triangle Associates Facilitator) (100 min) • Review items not funded in prior budgets • Discuss policy goals for 2020 • Establish a framework and priority projects for next biennial budget 2021-2022 2:40 pm Wrap Up (Mayor Putaansuu) (20 min) • Summary of today's work • Commitment to goals moving forward 3:00 pm Adjourn City Clerk's Office I� Clerk's Office Staff City Clerk, Brandy Rinearson Deputy City Clerk, Jenine Floyd Administrative Assistant 1 I, Michelle Whisenant l I� i� Core Responsibilities Council Agenda Paper, and Electronic Public Records Preparation Council Meetings Citizen Engagement Administrative Duties Records Management Licenses &Permits Risk Management Receive Agenda Item Tracking —Audio Video Recoxdin s Website Administrator — Contract Manage ement Identificat on and Facility Use Dam Property g g / g g I t n g City P n' Route ]--� Gather and Assemble — Minutes L Gather and Review �Copyistribute Quorum/Special Notices Meeting Notices Redact/Withhold Release Track Staff Training I Legal Noticing / `Room Prep, Maintenance, Advertising —li Meeting Supplies nven ones Social Media Coordinator Boards &Commissions — Retention — Carnival/Circus Tort Claims Press Releases & Mail Processing/Supply P Success for 2019 Added Police Department to the Public Records Request Portal Drafted a Records Management Policy, to include the State's "scan and toss" program. 2020 Clerk's Office Work Plan Contract Management: • Track contracts and insurance certificates Claims Management: • Memorialize a Claims Management policy • Litigation preparation\Tort Claim processing\Damage to City property processing General Clerk: • Work with Code Publishing to display Municipal Code in a more user friendly manner • Update Social Media policy • Continue to manage facility uses and special event applications Public Records Requests: • Continue to process requests and support other departments in managing their requests • Continue to create and distribute education materials to employees of current news in the PRA world Update Public Records Processing policy Records Management: • Finalize the Records Management policy • Continue managing paper files • Continue managing electronic files, text messages, and email archiving • Continue to create and distribute education materials on tips and tricks to reducing files (paper and electronic) l I� Total Number of Public Records Request 2017-2019 450 400 350 300 �sn I� Police Ibig WE Finance/HR Public Works City Clerk's F 11 Total Hours Spent on Public Records Request 2017-2019 0 50 100 150 200 250 ■ 2019 ■ 2018 ■ 2017 300 350 400 450 City Clerk's 256 267 374 Public Works 3 3 3 Finance/HR 0 1 7 DCD 8 222 56 Police 207 397 323 Total 474 890 763 Il� Number of Electronic Records 450000 400000 350000 300000 250000 200000 150000 100000 50000 0 Website Accumulating Each Year Text 2017 to 2019 Emails Facebook Youtube ■ 2017 0 2018 0 2019 Type of Record 2017 2018 7R Website 7X0 R777 15,442 Text 1V47 21X8 29J47 Ernails 387X9 354,876 398,9331 Facebaak 313 526 724 � Yautube 99 1a1 91 l I� Electronic Records Electronic Records 2020 ■ Electronic Files by Department Il� GOALS Continue to look for ways inform the citizens on City actions. Create technological efficiencies in records management, agenda management, and contract management. City of Port Orchard CSW Program Monthly Report - August 2019 Month Year to Date Total Referred to Program 5 37 New Worker Hours Assigned to be Worked - Jail 88 547 New Worker Hours Assigned to be Worked - Court Fines 104 J 192 0 1325.5 1872.5 9 Total Hours Assigned to be Worked Extension Granted by the Court -Jail Extension Granted by the Court - Fines 1 5 Total Extensions Granted 1 11 Total Completions (including Extensions) in Program) No Shows and Incomplete by Required Date 4 0 18 18 Hours Not Completed by Required Date 0 453 4 Workers Still Active in Program by End of Month Total Hours Left to be Worked (Assigned Hours Less Incomplete Worker Hours) 204.5 Month 11 Year to Date Hours Worked Total Jail Hours 23 280 Total Hours Toward Court Fines 62 547 Total Hours Worked 85 827 Value of Wages for Work Performed @ $12.00 Per Hour (Includes All Hours) $1,020.00 $9,924.00 Savings in Incarceration Fees Based on $97.80 Per Day (Includes Jail Hours Only) $281.18 $3,423.00 TOTAL VALUE OF PROGRAM $1,301.18 $13,347.00 September through December Hours Worked = 393 393 hours x $12.00 per hour = $4716 Total of CSW performed for 2019 = 1220 hours 1220 hours x $12.00 per hour = $14,640.00 for the year PORT ORCHARD MUNICIPAL COURT FILINGS 2019 INFRACTIONS CRIMINAL CITATIONS MONTH TRAFFIC NON TRAF DUI TRAFFIC NONTRAF TOTAL PARKING January 58 2 1 28 12 101 474 February 42 2 2 17 5 68 306 March 48 2 2 20 10 82 379 April 48 1 1 22 18 90 480 May 47 5 3 21 7 83 451 June 47 5 5 20 21 98 415 July 59 4 1 18 14 96 494 August 48 2 2 27 27 106 366 September 36 1 4 17 45 103 433 October 37 2 2 22 31 94 437 November 32 1 1 19 14 67 419 December 44 1 01 24 27 96 410 TOTAL 5461 281 241 2551 2311 1084 5064 AVG/MO 461 21 21 211 191 901 422 Totals thru Dec 2018 697 40 37 263 294 1331 3482 AVG/MO 581 31 31 221 251 111 290 PORT ORCHARD MUNICIPAL COURT REVENUE 2019 INFRACTIONS CRIMINAL CITATIONS MONTH TRAF NONTRAF PARKING DUI TRAF NONTRAF PROB. OTH COSTS PSEA TOTAL PAID TO CITY January $ 10,984 113 8,673 2,781 3,131 444 10,200 1,512 2,454 40,292 33,605 February $ 9,501 225 8,449 939 1457 207 $ 6,608 $ 954 1970 30,310 22,448 March $ 17,651 11,005 2,270 $ 3,315 652 $ 10,464 $ 2,418 $ 3,691 51466 44,445 April $ 11,611 262 11,372 $ 3,009 $ 3,605 1,313 $ 8,645 $ 2,435 2,909 45,161 36,224 May 25,867 1,856 21,749 4,362 $ 4,758 1,958 $ 16,412 $ 5,211 5,797 $ 87,970 67,138 June $ 11,124 996 10,529 $ 3,520 5,201 238 6,223 $ 1,650 2,993 42,474 32,553 Jul $ 12,225 $ 172 10,083 $ 1,160 2,740 249 5,828 $ 1,011 2,549 36,017 27,314 August 9,617 556=127,202$ 1 505 2,622 45 $ 6,484 $ 1,001 2,247 $ 34,695 27,110 September $ 12,972 2561473 $ 3 382 1,262 $ 11 576 $ 2 345 3,102 44,012 34,783 October $ 8,929 $ 470 781 2,351 47 6,047 $ 631 2,008 31,542 $ 25,360 November $ 12,464 35 1 130 $ 2,538 565 $ 5,968 $ 1,822 2,595 36,022 $ 26,804 December $ 13,521 $ 68 763 $ 2,562 $ 117 $ 6,431 $ 446 $ 2,807 $ 34,612 $ 25,824 156 466 $ 5 009 693 37 662 $ 7,097 $ 100 886 $ 21 436 $ 35,122 514 573 $ 403,608 AVG/MO $ 13,038.83 1 $ 417.42 $ 10,600.17 1 $ 1,974.42 $ 3,138.50 1 $ 591.42 $ 8,407.17 $ 1,786.33 $ 2,926.83 $ 42,881.08 1 $ 33,634.03 Totals thru Dec 2018 1 $ 136 448 $6,701 $ 70,206 22,449 34121 9,407 137,350 $ 27,297 32,588 476 567 $383,420 AVG/MO $11,370.67 $558.42 $5,850.50 $1,870.75 $2,843.42 $783.92 $11,445.83 $2,274.75 $2,715.67 $39,713.92 $31,951.64 1000/b retained by the City ORCHARD 2020-2021 Work Plan Regional Planning PRSC Regional Staff Committee (Monthly) Vision 2050 Completion KRCC LUTAC Meetings (6-8 Per Year) KRCC LUPOL Meetings (3-6 per year) Update the Centers Element of CWPPs Update CWPPs for Consistency with Vision 2050 Kitsap County Buildable Lands Coordination Prepare Technical Memos for Proposed Centers Port Orchard Comprehensive Plan Annual Amendments 2020 Annual Amendments 2021 Shoreline Master Program Downtown Subarea Plan and Planned Action EIS Port Orchard Parks Plan Ruby Creek Neighborhood Subarea Plan Water System Plan Coordination Sewer System Plan Coordination Stormwater System Plan Coordination Develop Other Sub Area Plans (Ongoing) Participate in Kitsap County TIS for South End Update the City's Capital Facilities Plan Updates the Port Orchard Development Regs Traffic Impact Fee Study and Ordinance Shoreline Master Program Multi Family Tax Exemption Ordinance Update Housekeeping Ordinances (Ongoing) Ordinance on Temporary Signs - Right of Way Minor Revisions to Design Guidelines Significant Trees and Tree Canopy Update to LDAP and SDP Code - Erosion Control Short Range Planning Community Event Center Planning and Design Land Use Permit Review (Ongoing) County Courthouse Coordination (ongoing) Negotiate McCormick Woods DAs 640 Bay Street Purchase and Sale McCormick Woods DA Implementation Kitsap County Impact Fee Consultant Selection and Design - Bethel Phase 1 Sedgwick/Bravo Terrace Roundabout Design Develop Stop Work Order Chapter of Code New On -Call Contract for Critical Areas Code New On -Call Contract for Building Code Services Building Ongoing Plan Review and Inspection Services New Building Code Adoption Procure Additional On -call Inspector Cross Connection and FOG Program Coordination Code Enforcement Abate 1-2 Properties Annually (ongoing) Crawford Road Enforcement Blueberry Ridge Enforcement Stetson Heights Enforcement Temporary Signs in the Right of Way Update POMC 9.30 Nuisances Update POMC 2.64 Code Enforcement Officer Update Title 20 Enforcement and Penalty Code City of Port Orchard Active Projects and Preapplications January 2020 Map 1 Project Lots/Units 1 619 Bay Street 2 567 Bay Street 3 639 Bay Street 4 640 Bay Street 5 Kitsap Bank Parking Lot 6 429 Bay (Lighthouse/Cheers) 7 Personal Touch 8 Ford Dealership 9 100 Bethel Ave 10 County Courthouse 11 County Parking 12 Overlook Phase II 96 13 Plisko Apartments 14 Arby's 15 Payseno Apartments 56 16 Bonewell Commercial Building 17 Cross Sound Commercial Bldg 18 Forest Song Subdivision 86 19 Sherman Ridge Subdivision 27 18 20 Chevron 21 Wright Building 22 Riverstone Subdivision 39 23 Harold Drive Apartments 12 19 24 Harold Drive Cottages 12 TOTAL LOTS/UNITS: 328 7 20 1► R.1. k �Frw 14tF• f 8 -= ; N r 10�W,116 13 14 15 JAk -A T4 23rM ... . 22 24 Source.�E--sri, Di italGloba, GeoE e Earthstar G�e�o ra • hics��CNE$S/Airbus ©S`US©A USES, QeroGRLDr IGN, a rd the GiS User Communit'T r' L��-r.tr to--�gw�ar- ��f•� y g p, r = Y 12 City of Port Orchard �y.26 - - Active Projects and Preapplications �` r•�t 4 January 2020 27 Ma 2 .. _* 28 _ rw, p + _ .��-L' a �"s' � • ° . � F 29 - + Rom. Project Lots/Units ,, ��-��,�; { ,,;�,�.-•�„ 25 Pinnacle Project 26 Dutch Brothers Coffee . .�•a� 30 { 16 t 32 I� 27 Pottery Apartments 24 iL 28 Mendenhall Short Plat 3 ", _ 29 Thimbleberry Plat Preapp 24 r �' �' �(i _ "w {rF�`,• 30 Discount Storage � •�' 31 Blueberry Ridge Subdivision 105 r ...t, -�� , ?' _ °� = •; - 1ti 32 He Apartments 75 +.,• 33 Geiger Subdivision 51 34 33 Coffee Shop/Apartments �t .4i + tir ^ 35 Sedgwick Apartments Phase 1 174 #: , .?+�.l�,�• ..� �tW i - +�. �. :+ 36 Sedgwick Apartments Phase II 174 37 Glenmora Terrace Apartments 300 38 Sidney Apartments 216 39 Rush Live -Work Development 60 r• �'' _ :� s' TOTAL LOTS/UNITS: 1,206 • �v.. �. 34 36 k' } r 4 35 38 ° t 37 NNW `=yd� 39 A •�a:, of a rs. e. _ Yy^t ' ::r.' - ,�r� �'* �`' Source: Esri, DigitalGlobe, GeoEye, E-arthstar Geographies, ONES/Airbus DS, USDA, USES, AeroGRID, IGN, a d the GIS User Community City of Port Orchard Active Projects and Preapplications January 2020 Map 3 Project Lots/Units 40 Stetson Heights Subdivision 362 41 McCormick Woods Parcel M 92 42 McCormick Woods Parcel D 91 43 McCormick Woods Parcel F 57 44 McCormick Woods Parcel E 52 45 McCormick Woods Parcel C 47 46 McCormick Woods Parcel A 58 47 McCormick Woods North Ph. II 550 48 McCormick Woods West 1,500 49 McCormick Woods Water Campus TOTAL LOTS/UNITS: 2,809 47 49 48 41 40 bR ORCHARD .. Department of Community Development Work Plan and Department Overview 2020-2021 Table of Contents Regional Planning PSRC — Vision 2050 KRCC Countywide Planning Policies Long Range Planning Port Orchard Comprehensive Plan Development Regulations — Comp Plan Implementation Short Range Planning Permit Review County Courthouse Coordination McCormick Woods Development Agreement(s) Community Event Center Planning and Design Code Enforcement Code Updates Crawford Road Erosion Control Issues Annual Abatement 1-2 Building Department 2018 Building Code Adoption Inspection and Plan Review Workload Planning in Washington State PSRC as the regional planning organization — Counties and cities work together to set population & employment growth targets and policies to guide growth Adopted in 1990; requires fast-growing cities and GROWTH MANAGEMENT ACT counties to develop a VISION 2050 & MULTICDUNT� PLANNING POLICIES r comprehensive plan to manage their population :h Local jurisdictions prepare plans that must be consistent with multicounty & countywide policies PSRC certifies countywide planning policies and local plans if 0 2050 PRSC Regional Forecast Continued Growth The region is projected to grow by about 1.8 million people between 2017 and 2050. ► The region is projected to add about 1.2 million jobs between 2017 and 2050. 5.8 Million People 4.0 Million People 3.4 Million Jobs 2.2 Million Jobs 1970 1980 1990 2000 2010 2020 2030 2040 2050 4 Regional Planning Vision 2050 — Scheduled for Adoption Spring 2020 The City offered its comments in 2018-2019 through public process. Port Orchard is designated as a High Capacity Transit Community (with Poulsbo, Kingston, and Bainbridge Island). Many new policies that we must address in our plans and development regulations. KRCC Updates to Countywide Planning Policies Centers Update — Completion in 2020: Provides guidelines for seeking recognition of countywide and regional centers. General Update for Consistency with Vision 2050 — Consultant Work Establishment of Population and Employment Targets 2016: City Planned for 8,235 Residents ► 2016: City Planned for 3,132 Jobs ► 2024: City will be given new allocation which is added to growth achieved from 2016-2024 2024: Expect to be told to plan for at least 8,000 residents and 3,000 jobs for 2024-2044 of period. Do we have the infrastructure? Could be 12,000 and 5,000. Long Range Planning Comprehensive Plan Planning Projects Annual Comp Plan Amendments Shoreline Master Program Update Downtown Subarea Plan and Planed Action EIS Ruby Creek Subarea Plan Parks Plan Coordination with Public Works on Water, and Sewer, Stormwater Plans Buildable Lands Report County Coordination (Comp Plan, TIS, Impact Fees) Capital Facilities Plan Recent Accomplishments 2019 Comp Plan Amendment - Centers Issues, Map Corrections Closed Out 2 RCO Grants (McCormick Village Park and Rockwell Park) Long Range Planning Development Regulations Current Projects - Development Regulations: Traffic Impact Fee Calculation Study Multifamily Tax Exemption Ordinance Housekeeping Ordinance (ongoing) Ordinance on Temporary Signs in the Right of Way (Priority?) Minor Revisions to Design Guidelines Significant Trees and Tree Canopy Update to SDP and LDAP Chapter — Erosion Control Recent Accomplishments: Adoption of Form Based Code (March 2019) Adoption of Public Works and Engineering Standards (Coordination) 9-Lot Short Plat Ordinance Building Department Despite Water Moratorium at McCormick Woods, New Housing Starts and Inspections reach 5-year high. New Building Codes Require Adoption by June 30, 2020. The City relies more on Code Pros for Inspection Services The City Needs Special Inspectors for Upcoming Projects: Courthouse Community Event Center City Hall Mixed Use Buildings Increasing Workload 250 200 150 104 100 50 0 4000 3500 3000 2500 2000 1500 1000 500 0 A 2015 Housing Starts by Year 113 77 52 0 1 2016 2017 2018 Inspections by Year � , 1 2015 2016 2017 2018 2019 ■ Inspections by Year City ■ Inspections by Year Code Pros ■ Inspections by Year Combined Building Department Staffing Issues Fire Marshall - $50,000/year Contract $35,000 $30,000 No Certified Building Official $25,000 Increasing Reliance on Code Pros — $20,000 $17, 500 in 2019. $15,000 Potential Retirement $10,000 Some days we perform as many as 30 $5,000 inspections. $0 Frequently we perform 20-25 inspections per day. 18% ► The industry average is closer to 10- 16% 14% 17 per day per inspector. 12% 10% We lack space for a 2nd inspector. 8% 6% We lack a vehicle for a 2nd inspector. 4% 2% 0% Staffing Code Pros Costs 2015 2016 2017 2018 City Inspector Paid Leave as Percentage c Hours Worked 2019 2015 2016 2017 2018 2019 Code Enforcement Priorities/Areas of Concern: Abate 1-2 Dangerous Buildings Annually Clean up Crawford Road Area ► Erosion Control Enforcement — Stetson Heights and Blueberry Ridge Development ► Temporary Signs in the Right of Way (Requires Code Amendment) Update Code Enforcement Chapters (ongoing) `C Summary of Department Activities and Challenges • DCD is tasked with delivering 6 major long-range planning projects (SMP, CEC, Downtown Plan/EIS, Ruby Creek Neighborhood Plan, 2024 Comp Plan, Parks Plan) • Permit activity is at record levels for Building, Land Use, and Public Works. • McCormick Woods remains a complex challenge that demands DCD attention. • The Community Event Center requires a high level of project management. • The Building Inspection and Plan Review situation is likely to change due to a key retirement and presents an opportunity to review our practices. • Poor site management by a few developers is demanding significant department attention. • Several mandated activities require attention between now and 2024. • Current project maps show 4,343 new housing units planned! :� l ORIT CHARD Comprehensive and Capital Project Planning 2019-2024 Table of Contents Port Orchard Comprehensive Plan Project Timeline Sewer Comprehensive Plan Project Timeline Water Comprehensive Plan Project Timeline Storm Comprehensive Plan Project Timeline Parks Comprehensive Plan Project Timeline ► Transportation Comprehensive Plan Project Timeline Port Orchard Comprehensive Plan PRSC: Vision 2050 KRCC 2050 Planning City of Port Orchard -Update Comprehesive Plan Project Timeline 2019 &MM 2020 2021 2022 2023 2024 Port Orchard Comprehensive Plan Project Timeline 2019 2020 2021 2022 2023 Port Orchard Comprehensive Plan Sewer Comprehensive Plan Update Water Comprehensive Plan Update Stormwater Utilities Comprehensive Plan Park Comprehensive Plan Update Transportation Comprehensive Plan Facilities Comprehensive Plan Element 2024 Sewer Project Timeline 2019 2020 2021 2022 2023 2024 Marina Pump Station Design -Ad Ready Marina Pump Station -Construction Bay Street Pump Station Improvements McCormick Pump Station 2 Design Mcormick Pump Station 2 Construction McCormick Pump Station 1 Design rmick Pump Station 1 Construction Eagle Crest Generator Set Water Project Timeline 2019 2020 2021 2022 2023 2024 Telemetry Upgrades Water Main Replacement Program Pressure Reducing Valve Stations Well 7 Treatment / City Hall PS Removal Well 9 Treatment Facilty Well 11 Project Et Treatment Upgrade -Bid Ready Well 11 Project Et Treatment Upgrade Well 12-Pilot Hole Well 12-Drilling Et Casing Well 13 Development and Construction Melcher Street Pump Station Upgrades Sedgwick Serv-WSUD connection or Sedgwick Rd 390 to 580 Zone Booster Pump Station 390 to 580 Transmission Main-Sedgwick/Glenwood Rd 390 to 580 Zone Transmission Main - Old Clifton Rd 580 Zone Reservoir to McCormick Water Main Storm Water Planning Summary Need to develop a Storm Water Comprehensive Plan in 2020 The current Storm Water Capital Improvement Plan is inadequate for planning and budgeting for the following reasons: Outdated and compromised mainly of historical projects Storm Water permitting and regulations have changed dramatically Costs associated with the current CIP are grossly low and outdated Best Available Science needs to be applied in the evaluation to ensure that the current projects are the best use of Storm Water funds Storm Water Project list needs to be re-evaluated and classified as stand alone capital projects Storm Water Project needs to be re-evaluated and classified as multi -phased maintenance and/or related with other projects (transportation, sewer) Needs to be aligned with current and future permitting requirements Storm Water Planning Summary ► Public Works recommends the following to address Storm Water Projects: Focus its biennial budget work on the Storm Water Comprehensive Plan with the Capital Improvement Plan to address the deficiencies identified Focus on identifying Stand -Alone Storm Water Projects Focus on identifying Storm Water Projects that are a part of other transportation and sewer related projects Focus on identifying long term funding solution for the Storm Water Capital Improvement Plan Focus on identifying funding solutions for the other Storm Water projects that are required with other transportation projects of Park and Facilities Project Timeline 2019 2020 2021 2022 2023 2024 McCormick Park -Splash Pad Retrofit Port of Bremerton -Marina Park Expansion City Hall Community Center Transportation Protect Timelineww 2019 2020 2021 2022 2023 2024 Tremont Street Widening Bay Street Ped Path ROW Phase - Water Front Bethel Road Phase 1 Design 100%- Salmonberry to Blueberry Anderson Hill/Old Clifton Rd Intersection- CN Old Clifton Road Design c0 —j Old Clifton Road Design -Feigley Intersection M V Old Clifton - Campus Parkway Intersection Bay Street Pedestrain Pathway #3 Construction Bay Street Pedestrian Pathway Const (WaterFront Pathway) Vallair Ct Connector (PE Et ROW) Vallair Ct Connector - Construction Bay Street Pedestrian Pathway West Annual Pavement Maintenance U Annual Sidewalk Et ADA Upgrade Program rt C: Annual Pavement Management System Paving Projects v C: Tremont Overlay 9 2019 2020 2021 2022 2023 2024 Marina Pump Station Design -Ad Ready Marina Pump Station -Construction O Bay Street Pump Station Improvements McCormick Pump Station 2 Design qp� Mcormick Pump Station 2 Construction McCormick Pump Station 1 Design McCormick Pump Station 1 Construction Eagle Crest Generator Set Telemetry Upgrades OWater Main Replacement Program Pressure Reducing Valve Stations Well 7 Treatment / City Hall PS Removal N Well 9 Treatment Facilty Well 11 Project & Treatment Upgrade -Bid Ready Well 11 Project & Treatment Upgrade Well 12-Pilot Hole well 12-Drilling & Casing Well 13 Development and Construction Melcher Street Pump Station Upgrades Sedgwick Serv-WSUD connection or Sedgewick Rd ♦� Y A 390 to 580 Zone Booster Pump Station 390 to 590 Transmission Ma in-Sedgwick/Glenwoo d Rd 390 to 580 Zone Transmission Main - Old Clifton Rd 580 Zone Reservoir to McCormick Water Main McCormick Park -Splash Pad Retrofit 0. Port of Bremerton -Marina Park Expansion City Hall Community Center Tremont Street Widening Bay Street Ped Path ROW Phase - Water Front Bethel Road Phase 1 Design 1D0J- SaImonberry to Blueberry 3 I Anderson Hill/Old Clifton Rd Intersection -CM Old Clifton Road Design Old Clifton Road Design -Feigley Intersection V I Old Clifton - Campus Parkway Intersection Bay Street Pedestrain Pathway 43 Construction Bay Street Pedestrian Pathway Const (WaterFront Pathway) Vallair Ct Connector (PE & ROW) Vallair Ct Connector - Construction �I Bay Street Pedestrian Pathway West 4) Annual Pavement Maintenance Annual Sidewalk & ADA Upgrade Program Annual Pavement Management System Paving Projects 3 Tremont Overlay Summary of Capital Plan Biennial Budget • To maximize the return on investment and City resources, City Staff recommend focusing on completing the prioritize Comprehensive Plan projects list • Finance will budget against the Comprehensive Plan projects for the 2021-2022 Biennial Budget • No new projects outside of the Comprehensive Plan should be considered • The City will maintain a list of new projects which carry a status of low priority and can be re-evaluated should any of the higher priority projects slip • City staff will report back to the Mayor and council on a quarterly basis on project status updates ORCHARD Council Retreat Department Overview Finance Department Human Resources Department Information Technology Department Finance/HR/IT Departments The City of Port Orchard's Finance Department is accountable for the accurate management of the City's resources. The Finance Department is directly responsible for Utility Billing, Business Licensing, Accounts Payable and Receivable, Capital Assets, Grant Management, Budget and Auditing, Debt Management, Financial Reporting, Payroll and Employee Benefits, Human Resources, and Information Technology. Finance/HR/IT Departments Front End/Customer Service Utility Billing Accounts Payable/ Receivables Inventory Payroll Business Licensing Budget Grants Special Projects Cash Management Financial Reporting Debt Management Human Resources Information Technology r Finance Director HR Coordinator IT Network Manager Assistant Finance Director Accountant III Accountant III Accountant III U B Review AR Review Payroll Review ERR Manager L AP Review I Cashier Review Accountant II Accountant II Accountant II (Front End/UB) (Utility Billing) (AP/AR) Jane%[[ -Accou nti ng Assn Front/UB Customer Se Assist customers at front counter Receipt all revenue for the city Process various permits and licenses Track and monitor various taxes Provide preparation, processing and assistance for: Utility Billing • Business Licensing • Accounts Payable Kathy -Accounting Assistant II Utility Billing _ _--------- • Customer Correspondence • Annual ERU Calculations • Processes Billing - Water, Sewer, Storm Drainage • Bi-monthly Billing • Delinquent Accounts • Final Bills • Service Requests • Leak Checks • New connections • Meter Replacements . Patti -Accounting Assistc-- Accounts Payable/Rece Process Invoices for weekly Claims • Department approval routing • Monitors contract/project balances • Public Works project compliance • Accounts Receivable billing Could be You!! -Accounting Assistant I I Payroll, F± Support AP and Front End Payroll biweekly processing Back up support for Accounts Payable Coverage support for Front End Account i ng Assistant 11 Gretchen -Accounting Assistant III • EREtR • Management • EREtR Accounts Payable • Inventory Management • Indirect Cost Allocation • Records Retention for Finance Department • Comprehensive Plan Funding Heidi -Accounting Assist • Biennial Budget preparation and monitoring • Process Grant billings • Annual Financial Report preparation • Capital Assets • Advance travel and Petty Cash custodian • Project Accounting Kori-Accounting Assistan • Business Licensing • Public Records Requests Coordination for Finance • Electronic Processing of Bank Transactions • Electronic Accounts Payable • Autopay Utilities • Back up support for IT Help Desk Debbie -Human Resources Development and interpretation of standard policies, procedure and state and federal personnel laws. Administers the City's benefit programs Coordinates New Hire Process • Recruitment • Selection • Onboarding 1 • Personnel Records Management 1 • Secretary/Chief Examiner for the Police Civil Service Commission Maintains the Well City Award Promotes safety awareness, training, and safe work habits amon Steve -Information Technology Network Manager r • Network • Hardware • Phone • Printers • Tablets • Software Support • Helpdesk • New Business Practices • Technological Advances • IT Policies Rebecca -Assistant Financ • Cash Et Investments Management • Annual Report Preparation • Accounting • Provide guidance and oversight for: • Payroll • Cash Receipts • Utility Billing • Accounts Receivable • Accounts Payable • Grants • Lean Management Coordinator/Officer Noah- Finance Director Guidance, Oversight and Leadership for Finance Department • Accounting • Human Resources • Information Technology Establish and Maintain City Policies Department Coordination • Long Term Capital Funding 1 • Debt Management • Chief Investment Officer • Budget • Internal Control Review • Process Improvements • Staff to Mayor, Finance Committee, and Council 2019-2020 Work Plan Complete "Keep the Lights On" Long Term Capital Funding Strategies Evaluate, Standardized, and Improve Processes Upcoming Workforce Strategic Planning Assessment Salary Survey Update 2021-2022 Biennial Budget Accounts Payable going Paperless (Laserfiche) Internship and Apprentice Program Update Policies Financial, IT, Personnel, Other nan Resources •� / � $� Firs TRAININO I A AP GOALS--`> Al RECRUITMENT HUMAN RESOURCES SKILL jj)EjVF-L0PMIIIT lt�7ALEN04 ,p,, 2019 Achievements 5 union contracts re -negotiated Deb H retired in May, Hired Debbie Lund Paperless/online job application. Cloud based. More efficient for applicant and for staff. No paper storage. Civil Service Commission meeting regularly, rules updated Added High Deductible Medical plans to benefit options 21 different recruitment processes Current Employee Information We currently have 83 employees (including an intern) and 4 vacant positions (1 in each public works, court, finance and police) 47% of our employees are non -union 29% are represented by Teamsters Local 589 24% are represented by the Police Guild Police Department employs just over 1 /3 of our employees (34%) Public Works Department employs just under 1 /3 of our employees (30%) Remaining employees scattered amongst other departments (13% finance, 11 % DCD, 7% Court, 5% Administration) Historical Budgeted FTE Count 35 30 25 20 Mil.". 10 5 0 ■ Administration Budgeted FTE Count by Department* Finance DCD Court Police Public Works ■ 2015-2016 ■ 2017-2018 ■ 2019-2020 * Excluding 7 council and seasonal positions 86 84 82 80 78 76 74 Budgeted Total FTE Count 83.6 Total ■ 2015-2016 ■ 2017-2018 ■ 2019-2020 City-wide Turnover data 16 14 12 10 8 6 4 2 0 Number of New Employees 1 2011 2012 2013 2014 2015 ■ # of new Hires 2016 2017 2018 2019 1s. 0°l 16.0°! 14.0°l 12.0°! 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% Turnover Percentage 2011 2012 2013 2014 2015 2016 2017 2018 2019 ■ Total Turnover 2020 Work Plan Workforce Staffing and Salary Study Streamline paperwork associated with onboarding process. Utilizing onboarding software purchased as part of paperless job application software package. Researching training tracking software to document and monitor staff training accomplished and needed Background check vendor for more comprehensive employee background checks Policy updates Implement/watch for impact of new PFML Myriad of other policies to review/update Job description review needed Training needs analysis/plan/calendar Council to choose 2020 training topic for RMSA Long term goals Employer of Choice. Tough recruitment market. Ensure our salary and benefits are appropriate (implement ?n?n staff/salary studvI Create positive work environment and culture to decrease our turnover rate Make employee performance reviews meaningful and goal focused Ensure manageable and appropriate work loads Information Technology Department � communication hardware support computer information^, servers T��hno networU� applications nbblicn 109 - 0 Internet r � security software design gsaiau 2019 IT Achievements Agreement with Wave Broadband for voice and data services Autonomy from Kitsap County network Annual cost savings of $8,400 Deployed seventeen new computers as part of the 4-year workstation refresh cycle Implemented workstation management software allowing IT to provide softwai installation, update and help desk services more effectively and efficiently Implemented network auditing software to enhance network security and prov historical information on system and data modifications Deployed on -premise Geographic Information System (GIS) server software allowing more efficient deployment of GIS maps and applications r 2019 IT Achievements Converted Office 365 licenses from monthly subscription to annual payment for an annual savings of $7,000 Responded to 460 help desk tickets Upgraded eighteen workstations from Windows 7 to Windows 10 Extracted legacy data from Springbrook financial software system to facilitate implementation of Tyler Incode system Cleared out old computer equipment from 4t" floor storage area, old IT room and server room and sent to e-cycle Hired a full time Network administrator 2019 Results on IT HelpDesk Results Ticketing System IT Help Desk Tickets by Month and Category - 2019 60 Lessons learned ► Cost centers 50 ■ Workstation Count 40 ■ Server Count ■ Scanner -Printer -Copier Count ■ Printer Count 30 ■ Phone Count ' ■ Network Count , ■ Directory Services Count 20 ■ Consulting Count . ■ Application Count ire 0 Jan Feb Mar Apr May June July Aug Sept Oct Nov IT Budget Plan Use the IT Help Desk data to target investments in the budget process Standard Budget Request for operating Work Station replacements Software/Subscriptions Hardware (Printers, Security locks/doors, cameras, wi-fi) Training New request Intranet for the City employees Explore Smart City Concepts- (example Electronic Records Management, Process automation, 9nart Water Meter Readers, Fleet Et Asset Management, Facilities Mgmt., Energy Efficiency, Parking Management, Citizen Services, etc.) Questions 4D ORCHARD Process Improvements using technology Finance Department Human Resources Department Information Technology Department Technology has Improved Laserfische eb access OCR Batch Version WProcessing Control Qistribution Document Laserf Capture ache Integrative Portal Imaging Workflow Middleware Shared Enterprise BPM Library Services Search Routing Services And Other ECM Services Modular Features • Audit Trail & Records Management • E-Forms with Digital Signature • Workflow • Full Text Search 0 Scanning Software & copier Integration ' Mobile & Web clients • Forms Processing with Barcode • Email Archiving from outlook or Exchange 0 SharePoint Integration Laserfischp Creates logical, consistent, repeatable, and documentable processes ► Workflow/processes ► Procurement-Workflow/processes ► Contracts b. Accounts Payable Ordinance/ Resolutions Staff Reports Manage mission -critical processes and eliminate busywork Enforce Company Policies Remove Paper at the Start Keep Track of Documents Mitigate the risk of noncompliance by standardizing business processes A Monitor Document Progress Track exactly where documents are in the process and who is working on each document Kick off routing and approval workflows when web forms are submitted A Empo er Business Users Create process diagrams without any coding by using drag -and -drop interface Automatically send notifications when documents are created, edited or deleted [-G Simplify Automation ❑ownload prebuilt process diagrams and forms for common business processes Laserfischp Creates logical, consistent, repeatable, and documentable processes ► Capabilities and Capacity ► Public Records Retrieval ► Public Access to Public Records Automated Records Retention, Archiving and Destruction Integrates with existing software across multiple departments [E) 0 0 Preserve Records Integrity Centralize Records Automate Routine Tasks Impose compliance with Department of Defense (DoD) 5015.2-certified records management Enforce records management policies across all devices by storing only one copy of a record in a centralized repository Save employee time by automatically classifying and applying disposition schedules to incoming records r DocuSign Microsoft L\ Office 1 Finance - I ncode Laserfische DCD- , Smartgov Public Works- GIS .I FA i Court-JIS Laserfisc Creates logical, consistent, repeatable, and documentable processes E-Forms Public Benefits Public Access to Public Records Laserfische Laserfiche is an innovative enterprise content management. Laserfiche is the leading global provider of intelligent content management and business process automation. The Laserficheo platform enables organizations to transform into digital businesses. ► Enterprise Content Management (ECM) enables organizations to save time and money by efficiently managing documents and information. Through th use of robust back -end technology, it allows structured information to be easily defined and shared across multiple departments or teams ► ECM helps organizations digitize documents and automate document -driven processes, allowing the right people to access the right information at the right time. In particular, these processes include Laserfische ► In particular, these processes include: Instant Document Capture: Managing an organization's content begins with document capture —the process of importing all your information into a digital repository. Automation of business processes: With digital automation, organizations can easily diagram the steps of a business process and automatically route documents to the right people at the right time. Secure Document Storage: With robust ECM systems, organizations can easily store business -critical documents in a digital repository, and instantly view or make edits to them. Granular Document Security: Take control of information across the enterprise by restricting access to folders, documents, fields, annotations and other granular document properties. Full -Text Search and Retrieval: Instantly find documents by identifying specific words or phrases within their text, metadata, notations and entry names. I Digitally capture, route and approve forms: Replace paper forms with electronic forms to digitally capture information and share it across the organization. Laserfische Platform Services: Support compliance, integrate applications and drive information security across the enterprise. Records Management: Establish guidelines for organizing your documents to ensure compliance and business continuity for your company. Security: Protect sensitive content, enable compliance, and achieve records integrity through secure document management. Cloud: Capture, organize and automate information in Laserfiche Cloud wit industry leading security. ECM Integration: Centralize operations by integrating digital content with other applications. of 1.2 2036 Targeted Outcomes With continued hard work that is focused and coordinated in accordance with the goals and policies in this comprehensive plan, Port Orchard will remain one of the best small cities in Washington State. By carefully planning for the future, Port Orchard's increasing number of residents will enjoy a sustained high quality of life that is founded upon its supportive community, healthy economy, and pristine environment. Using the community's vision for the future, by the year 2036 the City will have built upon these positive attributes and will have achieved the following: • The city has retained its small town character and strong community spirit. • The historic downtown is more attractive and vibrant. • More efficient patterns of development have reduced real per capita infrastructure costs. • Housing has remained available to all members of the community, and the diversity of housing types has expanded. • Walking, biking, driving, and transit infrastructure make it easy to get around the city. • The city's waterfront and open space resources are highly enjoyed by the community. • Community organizations are better empowered to coordinate events and activities. • Citizens enjoy a comfortable and productive relationship with city government. • Citizens have access to well paying jobs, have short commutes, and choose to shop locally. • Local businesses are supported by the community and government policies that promote economic development. • Citizens are better informed and connected to the planning process. • The city's critical areas, shorelines and other natural resources are appropriately protected with no net loss to critical areas and their functions, and where feasible critical areas and shorelines are restored or enhanced. • Native American cultural and historic resources (archeological sites) shall be protected with conditions on development approvals that require identification and preservation of such sites and notification to the state and the Suquamish Tribe. • Impacts to natural systems are minimized while population and job growth targets are met. 1.3 Visioning: Connections The city is defined by its physical and social environments and the ways in which they are connected. This comprehensive plan seeks to lay out a vision for Port Orchard that is founded on connectivity and the idea that stronger connections will ultimately lead to a stronger community. In addition to meeting state laws, addressing local and regional planning goals, and serving as a record of community input, this Plan seeks to bridge the specific goals and policies of the different elements to the needs and desires of the community through this connections framework. It is important to think of Port Orchard not just as its parts, but as a cohesive whole. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: July 2018 Port Orchard aims to improve the connections between land uses, housing, businesses, transportation, and the natural environment and to promote a higher level of interaction between the city government and citizens. There are some key ways in which this can be achieved. Connect Parks to Housing and to O[her Parks Connect Business an d Gove rn m,nl Through a High Level of Partnership and Cooperation Connect Neighborhoodsto Connections the Regional Trail Network Gannett InAividual Neighhorhootlsta Greater City Connect Peopleta the History of the City Theo ugh the Built Environment Connect people to Downtown, People to Waterfront. antl Downtown to Waterfront connect cinaena and Government Connect People offiiii, via Lord U. Chaires Connect Separate that Encourage Areas ofthe City with MeaningtuI ayariery of Interactions Tmesporlalfon Options Figure 1 - Conceptual diagram of the connections theme Primary Connections: • Connect individual neighborhoods to the greater city • Connect people to the waterfront • Connect people to downtown • Connect downtown and the waterfront • Connect people via land use choices that encourage meaningful interactions (i.e. housing within walking distance to shops and restaurants that allows people to encounter and interact with each other on the street) • Connect separate areas of the city with a variety of transportation options • Connect people to the history of the city through the built environment • Connect neighborhoods to the regional trail network • Connect parks to housing and to other parks • Connect citizens and government officials • Connect business and government through a high level of partnership and cooperation • Connect identified wildlife habitat areas and corridors with greenbelts and other open space areas. • Connect the community to the natural environment through education and voluntary stewardship. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: July 2018 HARD Guiding Principles The Mayor and City Councilmembers worked to develop the following four guiding questions to help assess 2019 priorities: • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Will this project (or action) make us proud? City Priorities, Goals and Accomplishments in 2019 o �000�o • Finish the Capital Projects the City has started Facilitate the groundbreaking of a mixed -use • Tremont Complete A project downtown • Bay Street Path Segment #3 Complete Retain Kitsap Bank downtown and attract their • Rockwell Park Complete new corporate campus • McCormick Park Phase II Complete Continue to support the SK School District • Well #9 Treatment System Complete • Well #13 Drilling and Conveyance System Ongoing • McCormick Lift Station #2 Ongoing • Marina Pump Station Ongoing • Hire New Police Chi complete • Implement new Accounting Software Complete Activate our waterfront with parks, paths and public space Leverage the investment our community has made in high speed ferries • Develop code and long-term plans that are the right fit and vision of our Citizens o t creates efficiencies o • • Invest in Technol� Ongoing • Continue to invest in Public Infrastructure Ongoing Historic sales tax growth in 2019 City Employment Data Number of Employees Hired 16 14 12 10 8 6 4 2 Turnover Percentage 16.0% 14.0% 12.0% 10.0% - 8.0% - 6.0% - 4.0% — - 2.0% 2011 2012 2013 2014 2015 2016 2017 2018 2019 2011 2012 2013 2014 2015 2016 2017 2018 2019 # of new Hires Total Turnover City Priorities and Goals for 2020 • Finish the Capital Projects the City has started • Bay Street Path Right of Way Phase • Well #13 Drilling and Conveyance System • McCormick Lift Station #2 • Marina Pump Station • Well #11 Design • Continue to Invest in technology that creates efficiencies — Electronic Records System • Continue to invest in Public Infrastructure • Downtown Master Planning • Update Parks Plan • Community Center Planning and Outreach • Marquee Discussion and solutions • 2021-2022 Biennial Budget • Facilitate the groundbreaking of a mixed -use project downtown • Retain Kitsap Bank downtown and attract their new corporate campus • Continue to support the SK School District • Planning for improvements to City Hall • Expansion of the Mental Health Navigator Program in Port Orchard • Conduct a salary survey and organizational review • Implement 1406 Funding • Received PSRC designation as a Principal City • Exterior • Clock Replacement • Roof Replacement • Evaluate return on solar panels • Window Replacement (incl. window trim) • Siding Replacement (incl. trim) • Exterior Painting • Brick clean & seal • Interior • Install ADA compliant customer service counters (Court, Finance & Clerk) • Council Chambers audio & video upgrades • Replace remaining window coverings • Space planning and analysis for current and future needs • Remodel office spaces for more efficient use • Interior Painting • HVAC upgrades • Security upgrades • Carpet Replacement • Install LED lighting • Generator Upgrades • Port Orchard Community Service Day • Conduct Mock City Council Meetings with Students • Puget Sound Regional Council Growth Management Policy Board • Puget Sound Regional Council Executive Board • Association of Washington Cities Board Member • Kitsap Transit Board of Directors • Kitsap Regional Coordinating Council Board of Directors • Board Chair Kitsap Public Health • Kitsap Department of Emergency Management Board of Directors • Kitsap 911 Board of Directors • Board Chair Housing Kitsa p • Port Orchard Chamber of Commerce • Port Orchard Bay Street Association • South Kitsap Rotary • Kurt Wagner Education Fund • Citizen Appointments • 2016 - 229 • 2017 —140 • 2018 — 84 • 2019 — 52 • Community Events • 2016 - 107 • 2017 — 144 • 2018 —101 • 2019 - 99 Board Meeting & Local Agencies • 2016 - 112 • 2017 - 96 • 2018 — 131 • 2019 —189 • Total • 2016 - 448 • 2017 — 380 • 2018 — 316 • 2019 - 340 • Keeping up with growth • Water —Additional Reservoir • Sewer — Sedgwick/Sidney • Stormwater • Transportation • Hwy 16/160 Interchange • Bethel • Anderson Hill Roundabout • Flower Meadows Sidewalks & Stormwater • Maintaining & Improving Existing Streets • Facilities • City Hall • Public Works Shop • New Library • Parks and Recreation • New Parks • Paths & Trails • Community Center • Social Issues • Homelessness • Addiction Issues • Improve Public Outreach Rw7 <44T D I I �6,T P, , " T, t - vi 6,-�j 11 C(cv��Illjji " [CWEw,,, 2020 Council Retreat The Mission of the Port Orchard Police Department is to protect the lives, property, and rights of all members of our community. We will work to reduce crime, and the fear of crime, while remaining proactive and innovative in our approach to the enforcement of the law. Our community shall know we are all members of one team through our transparency, accountability, and engagement. The Port Orchard Police Department aims to be amongst the finest law enforcement agencies in the State of Washington; one which constantly delivers the highest quality public service to make the City of Port Orchard one of the safest communities in the nation. A^" Accom lishments • Lexipol & updated policy • Re -defined leadership roles • Online training • Uniform Committee • Civil Service and Recruiting • Tracking —Assets and Training • Tracking — Critical Incidents • Use of Force • Pursuits • Collisions • Complaints 9 Policy Reviews ALICEqNE ACADEMY r' Washingfion Association of SHERIFFS & POLICE CHIEFS Critical Review of all Major Functions 1. Administrative Standards • Role & Authority • Use of Force • Management & Staffing • Records Management • Property / Evidence 2. Operational Standards • Patrol • Investigations • Prisoner Security Mission Critical Areas 1. Supervision of Commissioned Personnel 2. Management of Property / Evidence 3. Training 4. Records Management 5. Provision and Designation of Authority Office Manager [Lead] Records and Records and Evidence Evidence Records and Evidence Current Organizational Structure - Officer Officer Officer Officer Officer Officer Officer Officer Officer Officer VACANT Reserve Reserve Operations Division Patrol and Investigations 1. Dayshift Sergeant 11 commissioned officers • 4 - Patrol Officers • 2 - Detectives • 1 - School Resource Officer • 2 - Parking Enforcement Officers • 2 - Court Security 2. Swingshift Sergeant 8 commissioned officers • 5 — Patrol Officers • 1 — Vacant position • 2 — Reserve Officers 3. Graveyard Sergeant 5 commissioned officers 0 5 — Patrol Officers 67% coverage 2020 Organizational Structure 1. Dayshift-A Sergeant 2 - Patrol Officers 2 -Detectives 2 - Court Security 2. Nightshift -A Sergeant 4 — Patrol Officers 2 — Reserve Officers 3. Dayshift-B Sergeant 3 — Patrol Officers 1 — School Resource Officer 2 — Court Security Officers 4. Nightshift-B Sergeant 4 — Patrol Officers 1 — Vacant position 82% coverage Chief of Police Administrative Services Manager Deputy Chief (proposed) Office Manager Records and Evidence Sergeant Sergeant Sergeant Sergeant Sergeant (proposed) Records and Records and Corporal Corporal Corporal Corporal Detective Evidence Evidence (proposed) (proposed) (proposed) (proposed) Officer Officer Officer Officer Detective Officer Officer Officer Officer SRO Parking Officer Officer Officer Court Security Enforcement Parking Enforcement Reserve Court Security Reserve Management of Property and Evidence High Risk Significant Upgrades Needed Training requirements • Security • CCTV • Alarms • Electronic access • Ventilation • Hazardous materials storage • Digital storage • Safe Property and Evidence - Shared Facility= Combined facility in Port Orchard Current FTE = 1/2 time with KCSO Cost Savings Increased capabilities Digital-on-Q • digital media evidence Officer training Annual. Training TRAINING AND ❑EVEL❑PMENT Federal requirements State requirements Assoc. Washington Cities OSHA requirements Best Practice • Defensive Tactics • Crisis Intervention • Firearms • Use of Force / Legal Update • De -Escalation • Less Lethal Tools • Active Shooter Response • Emergency Management • EVOC • CPR / First Aid • Workplace Safety • Anti -Bias • Re -Certification Training Rules • Patrol Tactics / Care After Fire • History Race & Policing • Alternatives to Booking • Implicit & Explicit Bias Training • Building Relationships • Understanding Local Cultures LETCSA TRAINING CLASSES 1 2 3 4 5 Historical Intersection of Race & Building Policing Respectful Relationships D n D Alterantives to with People Booking O r O r O r n n n n n n Implicit and Understanding Explicit Bias Local Cultures Training Christman, Dan. (2019) 2019 WASPC Webinar— LETCSA Public Records Act New Records Management Records System (RMS) Management Paperless documentation Staff Training Authority Municipal Code must: • Establish a police department • Determine leadership • Define appointment and commission • Grant Police Powers • Designate an Oath of Office 2021 =2022 Roadmap Training Funds eadership positions I -Leads replacement Administrative Services Manager Special Events Resolution 057-09 (2009) What is the city's intent? What are triggers for scaled public safety response? L ; r •�' • What causes a permit denia]l'? k y 1 • Guidance needed to maintak public safety while providing' for regular tourist/community events. L .�� ■ Ak ,C S 'L 3 ti-� y F� ■� _� TI - Y L• :�. UL 1 - . Washington Association of SHERIFFS & POLICE CHIEFS LEMAP Loaned Executive Management Assistance Program Review of the Port Orchard Police Department Page 0 of 78 INTRODUCTION The purpose of the Washington Association of Sheriffs and Police Chiefs (WASPC) Loaned Executive Management Assistance Program (LEMAP) is to provide management, consulting and technical assistance to Association members. LEMAP is an opportunity for administrators to receive a professional review of their organization's operations and management systems. Methodology employed by assessors was primarily through one-on-one interview using the WASPC Accreditation standards as a starting point for discussion. Volunteer assessors, made up of command and supervisory staff from Washington law enforcement, were invited to the LEMAP assessment based on experience and subject matter expertise. Interviews of officers working both day and night shifts as well as most employees working business hours were gracious enough to participate in the interviews which provided the team an authentic backdrop to gather information and draw conclusions about agency policy, protocols and operations. The goal of this LEMAP review is to provide the Port Orchard Police Department with a critical look at the organization through the eyes of peer professionals. The resulting report should serve as a guide to identify areas in need of strengthening and highlight positive and innovative programs and practices. It is hopeful the Chief Brown may use the information provided from this review to motivate the organization, improve internal and external services, and gain additional community support. The LEMAP team consisted of the following members: Jamey Kiblinger currently serves as the Chief of Police with the Black Diamond Police Department. She has worked as a patrol officer, detective, field training officer, sergeant, and C ommander. She has also served as the chair of the Coalition of Small Police Agencies Executive Board, a hearing panel member for Peace Officer Certification with the CJTC, and as the City's Emergency Management Director. Jamey holds a Bachelor's degree in Criminal Justice and is a graduate of Northwestern University School of Police Staff and Command, Rural Executive Management Institute, NW FBI Command College, and has received her executive certification. Cathy Munoz currently serves as the Director of Communications for the City of Cheney, Washington and has worked for the Cheney Police Department since 1989. She is responsible for all aspects of the non-commissioned operations of the department including a multi -agency dispatch center, records, technology, and jail administration. Cathy holds a Bachelor of Arts degree in Education from Eastern Washington University. Cathy serves as ACCESS TAC for multiple agencies and since 2008 and she has guided various agencies through eleven 100% compliant user and technical audits and has assisted numerous agencies achieve state accreditation as a mentor that specializes in records management, IT and custody/ jail operations. Randy Plumb currently serves as the Operations Captain of the Bremerton Police Department. During his career he served as the Support Services Lieutenant and led the Department's General Investigations unit, Special Operations Group, Property Room, Warrants, Community Resource unit and has also coordinated hiring for the Page 1 of 78 SHERIFFS A POLICE CHIEFS department. Randy has extensive training and experience in the field of drug law enforcement serving as both a detective and supervisor of the Bremerton Police Department's Special Operations Group. Randy is a Northwest Law Enforcement Command College Graduate. Marixa Scott served as the lead Crime Scene/Evidence Technician for the Bremerton Police Department through 2019. Marixa holds a BA in Business Administration from CSU San Bernardino and a concentration in Information Management. Marixa served as a Forensic Technician for 8.5 years at the Riverside County Sheriff's Department where she worked approximately 1,000 field cases and processed approximately 500 laboratory requests. She has been published twice in the "Journal of Forensic Identification," is a certified Crime Scene Analyst through the International Association for Identification. Michael Painter is the Director of Professional Services for the Washington Association of Sheriffs and Police Chiefs and has served in that capacity since 2012. In this role Mike manages WASPC's Accreditation, LEMAP and Executive Recruitment and Selection programs. Prior to WASPC he served 32 years with the Kent Police Department where he retired as Deputy Chief. Mike has extensive experience in Investigations, Finance and Budget, Training and he served as the Commander of the Basic Law Enforcement Academy from 1996-1998. He holds a MPA from the University of Washington and is a graduate of the FBI National Academy, FBI Law Enforcement Executive Development Seminar and Washington Command College. GENERAL OBSERVATIONS Chief Brown invited a Loaned Executive Management Assistance (LEMAP) team into the Port Orchard Police Department (POPD) on October 8-9, 2019 to conduct an operational review of the organization. Chief Brown was appointed as POPD Police Chief in July 2019 and succeeded Chief Geoff Marti who had served as chief since 2013. Prior to serving as Chief, Brown served as deputy chief in Poulsbo and as a chief deputy in Walla Walla County, WA. Chief Brown's motivation is agency improvement with hopes to adopt an updated vision for the agency that could include attaining WASPC accreditation. This LEMAP report serves both purposes well. According to 2010 census information, Port Orchard's population was 11,144 and was projected to 14,389 in 2018. The dominant population of Port Orchard is white (81%) followed by Asian (6%) and African -American (4%). The picturesque city is located on Sinclair inlet on Puget Sound and serves as the county seat for Kitsap County. The police department is situated on the first floor of the Port Orchard City Hall. Port Orchard is governed by an elected mayor/council form of government. The current Mayor, Rob Putaansuu, is finishing his first four-year term and was the appointing authority that selected Chief Brown. The city is served by seven (7) city council members that Brown reports are highly supportive of the police department. Chief Brown reports a very good working relationship with internal departments and the law enforcement community in Kitsap county works very well together. WASPC facilitated the selection process for the police chief position in early 2019 and during the process was contacted by several local police leaders that emphasized the need to focus on a collaborative leader that Page 2 of 78 SHERIFFS A POLICE CHIEFS has a history of partnerships with other law enforcement leaders. Chief Brown certainly fits that description. POPD is authorized 23 sworn police officers, one special commissioned court security officer and four civilians. The agency is structured into two divisions; operations and administration. Operations essentially makes up uniformed patrol and detectives; Administrative Services makes up records, property and evidence. POPD supplies part time harbor/marine patrol to Sinclair inlet and they also support other marine units deployed by Kitsap County and Bainbridge Island. POPD provides one school resource officer (SRO) to South Kitsap School District and operates part-time motor and bicycle patrol units. One POPD officer is assigned to the regional tactical team. Patrol officers and sergeants operate personally assigned patrol vehicles. Patrol officers and sergeants are represented by a private law firm and civilian staff are represented by the Teamsters. Brown is supported by a deputy chief, three sergeants and a records supervisor. Per the POPD organizational chart, the day shift sergeant is assigned four patrol officers, the agency detective, SRO and court security officer, and both part-time parking enforcement officers. The day shift sergeant is also tasked with a myriad of administrative tasks that have been passed down from the Deputy Chief The swing shift sergeant is assigned five patrol officers and two (part-time) reserve officers. The grave shift sergeant is assigned five patrol officers and the office manager is assigned four civilians that cover police records, property and evidence. Most civilian employees, patrol officers and sergeants work 8-hour work shifts, five days per week (i.e. 5-8's). The exception is grave shift officers that work 10-hour shifts, four days per week (4-10's). Eight -hour work days, and a split schedule for patrol operations, is highly unusual in police operations across Washington. The LEMAP team is uncertain of its origins but officers reported that Chief Marti was not interested in considering a different work schedule. Patrol scheduling, supervision of patrol officers and the role of the deputy chief are addressed in Chapter 4. For a police agency of 30 commissioned officers or less, in-service training is frequently an ongoing challenge in law enforcement. State law requires that all commissioned peace officers receive at least 24 hours of training per year. Most of the POPD officers interviewed by the LEMAP team indicate that the delivery of timely, relevant, job related training has not occurred at POPD. Officers receive annual training on the use of firearms and taser, but all other training is either fee -based or made available to POPD officers as guests when other agencies are delivering training of interest. Shortcomings in training of today's police officers is complex. The issues range from developing a needs -based training plan each year, to securing training venues and equipment, to the installation of a patrol schedule that will allow for officer training time. Training is an important part of the LEMAP assessment and will be addressed in Chapter 11. For most assessors, the LEMAP process is a refreshing, educational and inspirational experience. Refreshing from a perspective that many employees are engaged, honest and interested in taking the necessary steps to improve their agency. Educational because all assessors take positive things away from the agency that they can apply at their home agency. Inspirational because of all the negativity that surrounds law enforcement and through it all, hard-working police officers and employees are still doing the best they can Page 3 of 78 SHERIFFS A POLICE CHIEFS to improve and be part of a proud agency. Port Orchard PD did not disappoint. All of the employees were positive, forthcoming, were aware that the agency needed to improve and were willing to take the steps necessary to make that happen. Numerous employees expressed excitement by the arrival and preliminary work of Chief Brown and seemed willing to buy -in to future changes with optimism and hope. The LEMAP team is hopeful that they don't disappoint and that the information contained in this report accurately reflects the current state of the agency and provides a road map for restored and progressive police agency. Page 4 of 78 SHERIFFS A POLICE CHIEFS SECTION I ADMINISTRATIVE STANDARDS Page 5 of 78 SHERIFFS A POLICE CHIEFS SECTION I -ADMINISTRATIVE STANDARDS CHAPTER 1— GOALS & OBJECTIVES 1.1 The agency has written vision and/or mission statements that define the agency's role. 1.2* The agency has a strategic plan or written goals and objectives that are reviewed and updated at least annually and are available to all personnel. Observations: Although the Chief will set the department's vision, the strength of an organization lies in its people. Soliciting ideas from employees can provide some useful insight when developing a foundation for the organization's mission. The organization's leadership decides whether those ideas will be implemented. But soliciting and considering ideas provides an opportunity for employees to reflect whether they are "living" the meanings of the words that have been adopted and define the organization's purpose on a daily basis. Chief Brown met with each POPD employee, one-on-one, to elicit input from them and to hear any concerns they had. He has also met with community groups to find out what they deem important for the department to consider as they move forward. POPD does not have a current strategic plan and has not authored annual reports so the Chief has a clean slate from which to start. Unfortunately, he does not have the benefit of working with a culture of inclusion, so he will need to take time to build trust as part of the inclusion process. Based on the LEMAP team's interview with employees, Chief Brown is off to a very strong start as employees are thrilled that he is the chief. The Chief estimates it may take 1-2 years to accomplish the goals he has set. Brown hopes to have the department's policies updated in six months and expects to be accredited in 18-24 months. Recommendations: • Continue to meet with as many people, inside and outside the organization as is necessary to determine what core group will be assisting in developing the Department's strategic plan, but develop the strategic plan as soon as possible. • Several department members expressed that they want to do what is right, and what is standard for other agencies, so implementation of any new policies is likely to be welcomed. Consider the frequency and volume of policies that are distributed; be aware the employees can be easily overtaken with too much information and the policies will not be properly digested by all employees. CHAPTER 2 — ROLE & AUTHORITY 31 2.1 The agency requires all law enforcement personnel to take and abide by an Oath of Office to support, obey and defend the Constitution of the United States and the Washington Constitution and the laws of Washington and the governmental subdivisions. Page 6 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS 2.2 Statutory authorization for the agency to perform law enforcement services is identified by the laws of the state of Washington and/or local ordinance. Purpose: The legal authority of the law enforcement agency is established in state statute and in most cases local legislation. The legal authority of the agency law enforcement officers may be found in this same legislation. 2.3 The agency has policies specifying legal requirements and procedures for any physical arrest completed with or without an authorized warrant. Purpose: To ensure arrests are made in compliance with all statutory and constitutional requirements. 2.4 The agency has policies assuring compliance with all applicable constitutional requirements for in -custody situations including: Interviews and interrogations Access to Counsel; and Search and seizure Purpose: Interviews and interrogations, questioning, or any other term used to describe in -custody verbal examinations are conducted in compliance with constitutional requirements. These constitutional requirements, federal and state, are vital to the role and function of law enforcement in a free society. By complying with these requirements, law enforcement officers and agencies ensure fair, legal, and equitable treatment of all people. 2.5 The agency has search and seizure policies that adhere to state and federal law. Purpose: To provide clear and basic guidelines for evaluating search and seizure issues and conducting searches within existing legal parameters that ensure the constitutional right of persons to be free from unreasonable government intrusion. Proof of compliance may include copies of incident reports that detail stop and frisk incidents; search by consent, search of a vehicle and searches that are part of a crime scene or are part of an inventory process. 2.6 The agency has policies for conducting strip and/or body cavity searches that include: • Authority for conducting such searches with and without a search warrant; • Privacy provisions with search by same gender; and • Any required reporting procedures when such searches are conducted. Purpose: Strip searches and body cavity searches by law enforcement personnel, even when legally permissible, are controversial. They should be done out of public view, with appropriate regard for the dignity of the suspect, and shall be considered legally necessary and reasonable. When possible all such searches should be witnessed. Body cavity searches should be conducted in a hygienic setting and by qualified medical personnel. 2.7 The agency has policies and procedures concerning the arrest or detention of foreign nationals. Page 7 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS Purpose: To ensure compliance with Article 36 the Vienna Convention on Consular Relations that provides certain rights to foreign nationals when arrested. Observations: Fundamentally, the purpose of law enforcement is to protect the lives, liberty and possessions of citizens. To ensure citizens' individual rights are protected, agencies must have policies in place that are up to date, lawful, and relevant. In a climate where court decisions and changes to state and federal law occur frequently, it is imperative the agency provide on -going training to its employees on the proper actions and authority when enforcing the law. Port Orchard Lexipol Policy 102 requires all law enforcement personnel to take and abide by an oath of office, administered by the Chief of Police, as follows. I, (Officer's name), having been duly appointed as a (Rank) for the City of Port Orchard, Washington, do solemnly swear, that I will faithfully and impartially perform the duties of my appointment, as prescribed by law, to the best of my ability, and that I will support and enforce the ordinances of the City of Port Orchard, the laws and the Constitution of the State of Washington and the Constitution of the United States of America. Employees interviewed remembered taking an oath and an assessor's check of personnel files showed the oath of office had been administered. Washington State delegates its Tenth Amendment powers to various classifications of cities through applicable titles of the Revised Code of Washington (RCW). The City of Port Orchard is classified as a "code" city operating under RCW 35A. Section 35A.11.020 - grants such cities the authority to govern: The legislative body of each code city shall have power to organize and regulate its internal affairs within the provisions of this title and its charter, if any; and to define the functions, powers, and duties of its officers and employees... Port Orchard's Municipal Code 1.06 adopts the classification of a non -charter code city retaining the mayor -council plan of government. Municipal code 2.16 designates certain full commission positions within the police department; chief of police, police commander, sergeant, and police officer, but does not specifically authorize the agency to perform law enforcement services or grant the powers and duties vested by the state statute. Lexipol policy 100.3, 100.4, 100.5 as well as General Order 1520 outlines law enforcement authority and the legal requirements and procedures for arrests with or without a warrant. Officers reported that training on arrest, search and seizure typically takes place with the Kitsap County Sheriff's Office during joint in-service sessions. The in-service training is recorded so those officers or supervisors working graveyard can receive the same training. The department uses `Police One' which is a fee -based online training platform that provides officers with contemporary training, not specific to Washington, in several areas including search and seizure. Some officers reported that they have recently completed several "Police One" online training sessions. The LEMAP assessor was also advised by Page 8 of 78 SHERIFFS A POLICE CHIEFS staff that each month the deputy chief distributes the law enforcement digest, which is a legal summary of pertinent cases and changes to state law authored by the Washington Attorney General's office. General order 1760 outlines the policies and procedures related to both applying for and executing search warrants. When handling DUI blood draw cases, POPD officers advised that they consult with an on -call prosecutor with the Kitsap County Prosecutor's Office for search warrant direction. A local district court judge hears and approves the application for blood draw warrant. A list of the on -call prosecutors is kept both at the jail and with individual officers. General Order 1720 covers the interviewing juveniles. General Order 1725 covers child abuse investigations and procedures for conducting forensic interviews of child victims, as well as interviews of the alleged perpetrator. The POPD detective is trained in techniques for initial interview of child victims. Several other former detectives have also participated in the training and those individuals are available as patrol officers. Kitsap County's Sexual Assault Unit is responsible for conducting in-depth child interviews. A sergeant reported all officers are required to read the sexual assault protocol. Employees interviewed had a good knowledge base in this area and understood the proper processes involved with child interviews as well as crimes involving children. Miranda warning definition and related procedures for interviewing suspects are covered under General Order 1770, `Suspect Identification and Interrogation.' Lexipol policy 100.4.1 further explains the advisement of rights. All employees are provided Miranda cards from CJTC. Additional warning cards are also provided by a patrol sergeant, who had a stack available on her desk. The Kitsap County Jail posts a list of public defenders and employees interviewed were aware of the list. Officers stated they do not record statements in the field and if a recorded statement is needed it is most often performed by the detective. POPD does have an interview room equipped with audio/video recording equipment, which is customarily used by the detective. Handwritten statements are taken in the field by patrol officers when needed. Strip and body cavity searches are covered under POPD General Order 1540, which reads, A custodial search may include a strip search if the officer has a reasonable suspicion that evidence, weapons, or contraband is concealed beneath the clothing. A strip search must be approved by a supervisor, and must follow these guidelines: a. The search will be conducted in a private room; b. No more than two persons will be present in addition to the subject, and both shall be of the same gender as the subject. One must be a law enforcement officer. S. Under narrowly limited circumstances, a body cavity search may be included in a custodial search, but only when there is a clear indication that evidence, weapons, or contraband is concealed within the subject's body cavities. A body cavity search must be approved by a supervisor, must follow the same guidelines as a strip search, and must be conducted by qualified medical personnel.' Page 9 of 78 SHERIFFS A POLICE CHIEFS This policy language does not conform with RCW 10.79.080. Officers and supervisors interviewed stated they would not perform strip or body cavity searches but would advise the jail if either were necessary. Officers have received no training in this area. Port Orchard does not have any policies or procedures related to the arrest or detention of foreign nationals. Article 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign nationals from member countries when arrested, detained or imprisoned by law enforcement officials in this country. Most officers interviewed reported that they were not aware of what they would do if confronted with this situation, except to contact a supervisor. Recommendations: • Consider adding the language in Lexipol policy 102, under maintenance of records, that the oath of office will be maintained in the employee's personnel file. • Work with mayor and/or city council to adopt language in local ordinance giving enforcement authority to the local police department. • Consider developing policies and procedures that allow officers to record both audio and video interviews of victims and suspects in the field. Since iPhone's were recently issued to employees, this would be a great tool for investigations and could assist with the successful prosecution of cases. • Update POPD policy to include the current practice of employees taking photographs with their department issued iPhone. Specific procedures for downloading these recordings, including consideration for storage of electronic media, should be incorporated as well. • Update General Order 1540 on strip and body cavity searches so it conforms with RCW 10.79 and then provide training to staff on the updated procedures. • General Order 1760 should be updated to reflect current practices regarding how search warrants are obtained, specifically telephonic procedures. • Develop policy and procedures to provide direction to officers when considering a physical arrest or detention of a foreign national. Information and training can be found at https://www.state.gov/information-for-law-enforcement. CHAPTER 3 -USE OF FORCE 3.1 The agency has policies directing personnel to only utilize the amount of force which is necessary to affect lawful objectives, to include any amount of force up to and including deadly force. Purpose: To establish policies and procedures for the necessary, reasonable, and legal use of force that ensures those decisions to use force are made in a Page 10 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS professional, impartial, and safe manner, and that there is an understanding and appreciation for the limitations on the authority to use force. 3.2 The agency has a policy governing the use of warning shots. Purpose: If the law enforcement agency permits the use of firearm "warning shots " by agency personnel, the agency shall have a written directive governing their use. Otherwise, the agency shall have a written directive prohibiting the discharge of "warning shots " by agency personnel. 3.3 The agency has a policy governing the use of non -lethal weapons. Purpose: To establish consistent procedures for the authorization and training by a certified instructor in the use of non -lethal weapons and control devices. 3.4 The agency has a policy requiring appropriate medical aid after the use of force, when an injury is known, suspected, or is alleged. Purpose: This standard should reduce the severity of injury resulting from law enforcement action by requiring medical aid and attention for an injured individual. Appropriate medical attention may be as basic as keeping the person under observation to immediately having the person treated by medical professionals. 3.5 The agency has a policy requiring personnel to submit a use of force report to the agency Chief Executive Officer or designee when they: • Discharge a firearm (other than routine training or recreational purposes); • Take any action that is capable of injuring a person. Purpose: To ensure that any force used that is capable of causing injury is recorded and that a formal review process is established to review use of force incidents for compliance with existing policy and law. The collection of use of force incidents should be analyzed to determine if there are training issues, equipment issues, or policy issues that should be addressed. 3.6 The agency has an officer involved shooting/deadly force response policy that includes steps for first responders and includes a comprehensive independent investigation and review of the event. Purpose: To ensure the agency has in place a formal response, review and investigative process for officer involved shootings that result in injury or loss of life, that complies with state law and protect interests, rights, and mental health of involved officers. 3.7 The agency has a policy that requires only authorized weapons and ammunition shall be carried and/or used on -duty. Observations: Police use of force is a high -liability issue for all law enforcement agencies. With today's technology and video of police uses of force going viral, it is in the best interest of law enforcement organizations to be operating within the confines of best practices. Today, Page 11 of 78 SHERIFFS A POLICE CHIEFS more than ever, it is imperative police agencies implement and maintain effective, contemporary and applicable use of force policies and practices. The policies, practices and training associated with police use of force should be regularly reviewed, analyzed and scrutinized within the organization. The actions of law enforcement officers involved in use of force incidents should be closely monitored and evaluated at various levels within the organization. Agency expectations, direction and use of force policy should be clear to department members and reinforced through in-service training. These measures help to ensure citizens are treated in a safe and reasonable manner and officers are armed with current tools, tactics and knowledge to effectively and safely perform the duties of a law enforcement officer. Just prior to the LEMAP review, the Port Orchard Police Department (POPD) implemented several policies through the Lexipol system, including policies related to "Use of Force." One of the policies implemented (#103 "Policy Manual") states, "...All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. " During the LEMAP review, assessors discovered POPD staff still had access to old policy language, including the old Use of Force policy, which are documented in "General Orders" from the previous Chief of Police (Chief Geoff Marti). The existing General Orders are stored electronically on the City's computer network, shared drive, known as the "U" drive and some staff maintain hard copies of the General Orders for reference. Additionally, an "acknowledgement report" run (through Lexipol) during the LEMAP review indicated several officers had not yet read and acknowledged the recently implemented Lexipol policies. Chief Brown indicates that although, to date, POPD has only implemented a few Lexipol policies, he is collaboratively working with a cross-section of POPD employees to replace the General Orders manual with Lexipol. Recently implemented policies include: "Use of Force", Use of Force Review" and "Officer -Involved Shootings and Death." Recently adopted Lexipol language contain sections that address many areas of use of force incidents and appears consistent with federal and state laws. Policy 300 also outlines detailed factors used to determine the reasonableness of force, duty to intercede and legal authority to use force to effect an arrest. Current POPD policy does not provide officers with guidance on the use of warning shots. This should be corrected once POPD implements the balance of the Lexipol policy. The school resource officer reports that officers have not been trained in the deployment of warning shots and, consequently, they are not used by POPD officers. POPD General Order #2050 (Firearms and Weapons) govern POPD's authorized firearms and weapons, to include non -lethal weapons. This General Order refers officers to other General Orders for details related to "non -lethal training and proficiency", but it cites the Page 12 of 78 SHERIFFS A POLICE CHIEFS incorrect number. General Order 1330 covers firearms training and qualifications, not non- lethal force training (correct general order number is 1340). The content of the policies in these General Orders are acceptable, however POPD's practice is not consistent with their policies. For example, General Order # 1340 (Nonlethal Force Training) says: • "...The Port Orchard Police Department will provide officers with pre -service and ongoing instruction in the use of force. The purpose of use of force training is to attain a level of proficiency that encourages less resistance and allows each officer to protect himself and the community in the safest and most appropriate manner possible... " • "...The department will provide officers with training which may include the following areas: 1.Baton; 2.Lateral vascular neck restraint (LVNR); 3.Pressure point control tactics; 4.Aerosol oleoresin capsicum (OQ; 5.Handcuffing and restraint use; 6.Taser; 7.Weapons retention; 8.Medical considerations in use of force; 9. Use of force policy... " • "...It is the department's intent that each officer become skilled in each technique and topic. Therefore, all officers are required to participate in regular non -lethal force training... " When assessors interviewed officers and supervisors, none recalled receiving non -lethal weapon training, nor defensive tactics training, in the last several years. One officer said that apart from Taser training, he hasn't received non -lethal weapon or defensive tactics training since attending the academy seven years ago. POPD has an "in-house" Taser instructor, but the department has no certified instructors for less -lethal weapons or defensive tactics. The training sergeant said he believed the agency did participate in defensive tactics training, with an instructor from Gig Harbor PD, in 2014. POPD policy section 300.6 outlines expectations of medical attention for injuries sustained during the use of force and prior to the individual being booked or released. It specifically states that medical assistance "shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. " POPD also defines and describes "excited delirium syndrome" within this policy, mandating examination by qualified medical personnel prior to booking. An interview with an officer confirmed POPD's practice aligns with their current General Order in these areas. Officers, supervisors and administrators told LEMAP assessors they have had a practice reporting and reviewing use of force by using a "Use of Force" report form. When asked to see the use of force form, assessors received two different forms. One appeared to be an older form (displaying the old POPD patch on the top of the form) and the other looks more recent (depicting a picture of their current patch on the top). The more current form is a three -page document that requires the officer to re -write a synopsis of the use of force, which is redundant and could easily be covered by attaching a copy of the pertinent pages of the incident report. Page 13 of 78 M &*who= so SHERIFFS A POLICE CHIEFS The Deputy Chief said the use of force report form and a copy of the report, outlining the officer's use of force, is routed to his office for review and then he forwards it to the Chief for a final review. The Deputy Chief believed the Chief reviews the documentation and then stores the reports in a filing cabinet. Neither Chief Matt Brown, nor anyone at POPD, is aware of the location of the older use of force forms or any "review" documentation. According to the Washington State Law Enforcement Retention Schedule, use of force reports are to be retained for at least 6 years. In July of 2019, Chief Brown implemented a new review process for use of force applications, pursuits, collisions, bias -based profiling incidents and complaints/IA's. POPD now maintains a spreadsheet of all these reviews, indicating a disposition of the review and other relevant notes. Additionally, Chief Brown recently implemented Lexipol policy #301 (Use of Force Review). These new policies and procedures should correct the issue of a formal review process, proper documentation and proper retention of these records. POPD's Officer -Involved Shootings and Deaths policy is documented under Lexipol policy section 305. The policy provides a comprehensive plan in the event of an officer - involved shooting or death. This policy calls for an investigation by a multi -agency, investigative team; however, it does not specifically mandate an "independent investigation." House Bill 3003 requires deadly force investigations be investigated independent of the agency whose officer was involved in the use of deadly force. POPD General Order 2050 (Firearms and Weapons) defines, in general terms, what weapons and ammunition are approved for departmental use. Based upon interviews with officers, the POPD authorizes 9mm, .40 caliber and .45 caliber handguns. Additionally, officers are also authorized shotguns and AR15 rifles. The General Order does not specifically list the make and model of department issued or department approved weapons. The General Order directs that if a member wants to carry his/her own weapon, it must be approved by the Chief of Police. POPD was unable to provide LEMAP assessors with any documentation that specifically identified which weapons (or calibers) were authorized for use by each POPD officer. Recommendations: • As a priority, require all employees to acknowledge the recently adopted Lexipol updates and remove conflicting General Orders that have been replaced by new policies. • Install policy language that mirrors the intent of HB 3003, particularly the requirement for an independent investigation, and the final rules defined by CJTC. • Implement a policy that guides officers on the use of warning shots. • Establish a training system where non -lethal weapon and defensive tactics training can be immediately implemented. Consider the use of outside trainers and regional resources to implement this training. • Develop a list of authorized weapons, and ammunition, used by POPD officers. Page 14 of 78 SHERIFFS A POLICE CHIEFS • Implement a single page "use of force" form that is streamlined and does not require creating redundant information that is available in an attached incident report. • Ensure all use of force reports are retained per Washington State retention guidelines. CHAPTER 4 — MANAGEMENT, STAFFING, ORGANIZATION, & UTILIZATION OF PERSONNEL 4.1 The agency has a protocol and procedures for situations including the following: • Absence of the Chief Executive Officer • Exceptional situations involving different specialty units deployed in a common joint operation • Routine, day-to-day operations Purpose: There is always a need to have a member of the agency designated as being responsible for the operation of the agency. This process provides continuity of command and allows agency personnel to know who has been designated to manage, lead, and administer the agency. 4.2 The agency has a policy that requires personnel to obey any lawful order of a superior officer and also addresses conflicting or unlawful orders. 4.3 * The agency has a policy that requires an annual management review and analysis, with final review approved by the chief executive officer, of the following incidents: • Vehicle pursuits • Use of force events • Internal investigations • Biased based profiling incidents Purpose: It is the intent that agencies require ongoing first level supervisory and administrative review of these high liability incidents. Additionally, an annual review and analysis of these incidents shall be conducted at the command level, with approval by the CEO, and can be used as an early warning system. Agencies should address policy, procedure, training and/or personnel issues that are identified during this review process. 4.4 The agency has a system of written directives that includes procedures for developing, approving and disseminating directives to all personnel. The system will include: • Methods for tracking changes and archiving prior versions of policies; • A process that confirms receipt of directives by affected personnel. Purpose: To ensure the agency has a consistent and current policy and procedures manual that provides clear employee performance expectation and constraints. A system of written directives provides command direction to the agency and its personnel relating to their duties and responsibilities. That Page 15 of 78 SHERIFFS A POLICE CHIEFS system should allow for quick access and retrieval of agency policies, procedures, rules, and regulations. Observations: This chapter is intended to take both a high-level look at the organization's performance in key areas and assess the organizational structure from an operational perspective. The chapter also encourages assessors to work much closer to the ground and evaluate whether agency practices align with policy and that periodic reporting of critical department functions are completed, analyzed, and routed through the Chief s office. LEMAP assessments are not intended to be staffing studies and assessors are discouraged from generating observations and offering opinions related to staffing levels. Nonetheless, certain areas of the agency will deserve mentioning where the LEMAP team recommends further evaluation and possible action by city leadership. Matt Brown started as police chief of the Port Orchard Police Department (POPD) in July of 2019. Chief Brown is a police executive veteran and most recently had served as the deputy chief for the Poulsbo Police Department. In preparation for the LEMAP team's arrival Chief Brown conducted individual interviews of all employees to develop a better understanding of the agency and its culture. Chief Brown is supported by a deputy chief, three sergeants and a civilian manager. POPD is served by a total of 23 commissioned officers, one special commissioned court security officer and two reserve police officers. Specialized functions include one detective, an officer assigned to the regional tactical team, one officer assigned as a school resource officers and numerous part time positions including police motorcycles, marine unit/harbor patrol and a police bicycle patrol unit. Two part time civilian parking enforcement officers supplement patrol operations. The civilian section of POPD include an office manager/lead and three record/evidence specialists. Of the three specialists, one serves as the primary evidence custodian and the other two specialists serve as this position's back up. The city of Port Orchard has a long- standing custom of hiring part-time employees to avoid salary and benefit costs associated with full-time employees. On the surface this appears to be a good idea. But ultimately, managers who should be focused on strategic issues are mired in tactical work that the part- time employees cannot retire during their limited work shift. This is most apparent with backlogs and management of police records. Chief Brown is in the process of expanding the hours of several part-time employees to fill the workload voids created by limited FTE's. See chapters 5 for further discussion on records and chapter 17 for discussion on property and evidence. Most employees at POPD work five-8-hour days. Patrol officers work under a three (3) squad system that cover a 24-hour period. Minimum staffing for patrol is two officers working at all times. Officers working day and swing shift, and all patrol sergeants, work an 8-hour work day with grave shift officers working four- l0-hour shifts. A squad system does not optimize the use of officers during times of heavy call volume and also limits the ability of all officers to periodically have weekends off. Page 16 of 78 SHERIFFS A POLICE CHIEFS Several officers reported that the prior police chief was not in favor of looking at any other shift configuration that might better maximize each POPD FTE and allows for a change of days off that includes weekends. Chief Brown is open to a different shift schedule for officers and has asked the local bargaining unit to present several options to him for discussion. The current supervisory shift configuration provides for each sergeant to work 8-hour shifts, which is problematic for several reasons. First, the day shift sergeant has also been serving as the department's administrative sergeant and is largely removed from patrol supervision. Consequently, and secondly, POPD officers are supervised by two sergeants; one each on swing shift (14-2200) and grave shift (2100-0500). All three sergeants have varying days off around the weekend. This scheduling configuration leaves large voids of time when the officers are not supervised (by a trained sergeant) which is amplified by the day shift sergeant being assigned to their desk working on administrative duties. Effectively, POPD patrol officers are supervised by two sergeants with no or little coverage during day shift hours, particularly on weekends. The LEMAP team does not blame or direct criticism at the day shift sergeant because they are doing what is asked of them by agency leadership. Consistent supervision of patrol officers, by individuals trained to do so (normally sergeants), is a minimum requirement for responsible and effective law enforcement. Questions and circumstances frequently arise that are either beyond the skill of the patrol officer or require supervisory intervention, direction and guidance. Moreover, numerous areas of the POPD General Order/policy manual require supervisory approval or review before an officer can take certain actions. Given the potential that officers may be responding to violent crimes at times when a supervisor may not be working, or officers may be in need of guidance that a senior officer is not prepared to provide, the LEMAP team strongly encourages the agency to look at the staffing coverage and/or scheduling framework of patrol sergeants to ensure 24/7 supervisory coverage. Supervisory coverage by a corporal is acceptable so long as that rank/position has been properly introduced to the role and has received training at the first line supervisor level. Chief Brown confirmed that he is well aware of this scheduling challenge and is working on it by considering adding an additional sergeant and adding the rank of corporal to support and supplement the current sergeants. He is also considering re -orienting the dayshift sergeant to patrol field supervision and assigning the administrative duties to others in the organization. Staffing levels are always a very sensitive area of discussion during operational review of police agencies and is one of many reasons that LEMAP teams do not make specific staffing level recommendations. However, at times the client agencies find it beneficial to have information that they can take to key government or elected leaders when police staffing discussions occur. It is important to note that the number of officers per thousand is a very general metric that has little basis in the overall feeling of safety by community members and is not an indicator of effective policing practices. All statistics are offered in the following table as a sample and by comparison numbers only. Appropriate staffing numbers are guided by community wants, needs and local finances. Page 17 of 78 SHERIFFS A POLICE CHIEFS Agency officer per 1,000 rates as compared to Lynden PD. Data is for the 2018 reporting year as reported to WASPC. Group A crime data included as an activity marker and are broadly considered violent or felony crimes. Cheney PD civilian staff provide regional dispatch services. Department Population Commissioned total Commission rate (per 1,000 population) Civilian total Total Group A crimes" Port Orchard 14,160 22 1.55 4 1410 Lynden 14,160 16 0.99 4 469 East Wenatchee 13,670 21 1.54 3 844 Snoqualmie 13,450 22 1.64 4 469 Lake Forest Park 13,090 17 1.30 3 512 Ferndale 13,640 20 1.47 3 661 West Richland 15,320 19 1.24 4 447 Washougal 16,026 21 1.31 4 713 Cheney 12,200 17 1.39 6 702 Source: Washington Association of Sheriffs and Police Chiefs 2018 Crime in Washington annual report Based on the above data, POPD officers respond to significantly more (serious) calls for service than their peers and a minimum staffing level of two officers, including a sergeant, is concerning to the LEMAP team. Many agencies are considering a patrol staffing configuration known as demand -based staffing. This concept essentially abandons the squad system and deploys officers around the clock with concentrations of officers at key times of day when call volume is highest. Consistent supervision of patrol officers is critical to a demand -based model. Briefing, or providing officer teams with information before they deploy to the field at the start of shift, is more of a custom (as opposed to a functional benefit) in organizations that maintain squad systems. Officers certainly need critical information at the start of each shift and that information is frequently communicated through means other than by a sergeant in a team environment in those agencies using a demand -based model. The LEMAP team strongly encourages Chief Brown, the POPD bargaining unit and city leaders to collaboratively discuss solutions to agency supervision and proper staffing levels throughout each day. GO 1030 defines the role of deputy chief as follows: B. Deputy Chief Conducts investigations and maintains records concerning employee conduct. The deputy chief is primarily responsible for internal investigations; however, sergeants may at times be assigned at the discretion of the chief of police. Deputy Chief Schuster has served in his current role since 2013. The POPD organizational chart provided to the LEMAP team shows Schuster as reporting to the Chief and currently has all three sergeants and the office manager reporting directly to him. Police organizations generally struggle with the role and function of a deputy chief. In some organizations the deputy chief serves as an operations officer, (much like what is Page 18 of 78 SHERIFFS A POLICE CHIEFS described in the current organizational chart) and is responsible for day-to-day operations of the agency allowing the police chief to work on strategic issues and community outreach. For this model to be successful the police chief has to carefully define each role and ultimately give up some agency control to the deputy chief so that they are empowered to handle day-to-day operational matters. Many police chiefs are not comfortable giving up operational control of the agency, particularly in small agencies, and this model ultimately fails. Under a second model, the police chief delegates administrative functions to the deputy chief and maintains operational control of the agency. Under this model the deputy chief may also conduct internal investigations, is frequently involved in labor negotiations and handles the administrative functions of the agency. This model is also subject to failure as the deputy chief may feel devalued being disconnected from police operations since the chief is leading the agency. Command level positions in any agency must be value added and have a direct connection to agency operations if they are to remain relevant. It appears to the LEMAP team that POPD has chosen the latter model and that Deputy Chief Schuster, contrary to the POPD organizational chart, handles administrative tasks and actually is functioning more closely to the definition supplied in GO 1030. Officers and supervisors interviewed by the LEMAP team made it clear that the Chief has served as the operations officer and they are uncertain what Deputy Chief Schuster's role in the organization is. Regardless, and out of respect and fairness to Deputy Chief Schuster, Chief Brown must evaluate the need for a deputy chief and then, if needed, carefully define the role and commit to that definition. POPD employs a court security officer that the LEMAP team finds curious. Chief Brown supplied the job description for this part-time position, which closely mirrors the job description for a an armed police officer position. Arming any employee, and providing them with a police commission, is a complex undertaking that requires significant due diligence by agency leadership. The LEMAP team is assuming that the current employee has met the training requirements necessary for this position, which means both past and present training. In addition to supplying court security several days each week, the position's general function includes: Court transport and security, crime prevention and community policing functions, service of court orders, traffic direction, handling telephone calls of crimes without suspects and other duties as requested. The job description goes on to define other essential job functions that closely resemble work done by police officers. However, the position is not peace officer certified, but the incumbent is a former police officer from a different state whose certification has lapsed. Regardless, and with all due respect to the current officer, Chief Brown should carefully review the role and expectations of this position and confirm that the officer has the training, background and can be certified to fulfill the role that is being asked for by the city. Page 19 of 78 SHERIFFS A POLICE CHIEFS POPD GO 1040 defines chain of command in the organization and provides general direction that the chief may designate a subordinate to fill their duties during an absence. By the nature of police operations, any time a CEO is away from the office they must designate somebody in charge. Special operations are covered under GO 2100 but does not provide explanation of the role of different specialty units working in a joint operation. The order also does not provide a clear explanation of how individual officers are assigned to one (1) specific supervisor in a multi -unit operation. Every officer working in a large operation must receive clear direction on their role and chain of command reporting. Officers report that former Chief Marti did not believe in the incident command system (ICS), which may explain why the manual lacks clear requirements and responsibilities of individuals responding to a large, multi -agency or joint operation. The absence of guiding language can promote self - deployment to large scale events and ultimately create confusion and chaos in amplified operations. POPD policies 1040 G and H cover responsibilities of employees when given a directive or order. Employees are expected to obey lawful orders and are not expected to obey an order that would require them to commit an illegal act. POPD's general orders also provide direction to employees that have been given conflicting orders. They are directed to inform the supervisor who provided the conflicting direction notice that their order is in conflict with a different supervisor. Annual review and analysis of critical events, such as use of force, pursuits, complaints against employees and bias based policing, are an essential function of any contemporary police department. These reviews, accompanied by thoughtful analysis, provide a level of transparency. The powerful public message is that the agency is attentive to the actions of its employees and is willing to take a critical look at those actions that are dangerous or unwarranted and can tarnish public trust. By publishing a review of these incidents, the agency is presenting its willingness to take the initial steps to identify shortcomings or controversial practices (often confusing to a public wishing to understand the complex world of policing). POPD does not require, nor have they published, annual or periodic analyses of critical events that have occurred as part of agency operations. POPD officers report that the current GO's were adopted from the former agency of (former) Chiefs Marti and Chief Townsend. This policy instrument has been edited to meet some of Washington customs and terminology but lacks depth and is outdated. The GO's provide a basic policy framework for agency operations and are periodically supplemented by written directives guided by GO 1010. These may contains document retention language that is likely not compliant with the state retention schedule. Assessors could not determine how policy updates of the GO manual, or any written directive, were archived since it appears that former Chief Marti's files have not been located since he left the agency. Chief Brown indicates that he preserves all directives on the agency shared drive. Chief Brown has recently purchased Lexipol, which is a web -based policy platform containing contemporary policy language that is regularly updated. Installing new or updated policy language must be a collaborative process to ensure that it links with agency Page 20 of 78 SHERIFFS A POLICE CHIEFS practices, is accepted by agency members and avoids labor conflicts. Chief Brown has introduced new (Lexipol) language through a collaborative process that involved all strata of the department. He is awaiting full implementation of the Lexipol policies until after the LEMAP report is finalized but has installed policies that cover critical areas of agency operations (e.g. use of force, pursuits, code of ethics). The LEMAP team recommends that anytime a new Lexipol policy is introduced that its companion in the GO manual be removed. Recommendations: • Re-examine the practice of hiring part-time personnel. Either the position is justified as an FTE, or it is not, and the cost savings is negligible in the larger picture. • Continue work to arrive at a patrol schedule that provides consistent staffing coverage 24/7, with higher concentrations of officers during peak call times. Demand -based staffing may be a viable alternative to a squad system. • Evaluate the role and schedule of police supervisors at POPD. Any staffing solution must provide 24/7 supervision of patrol officers by a sergeant or corporal. As a priority, abandon the senior officer system of supervision. • Evaluate the role and function of the POPD Deputy Chief position so that it is recognized throughout the agency as relevant and value added. If the role is best suited as administrative, re -assign the commissioned FTE to enforcement duties and hire a civilian to work on the administrative duties. • Continue the roll out of Lexipol in a collaborative manner. Prioritize those policies that address high liability or critical agency operations. Remove any GO that the new policy addresses or replaces. • Install policy language, and train agency personnel as appropriate, in the incident command system. As part of this initiative, ensure all officers are clear on their reporting responsibilities in large-scale or multi -unit operations. Although use of the ICS system is infrequent in law enforcement, all officers should be comfortable in its application. • Install a system and custom that reviews and analyzes sensitive or high -profile events including use of force application, pursuits, internal affairs and bias based policing. These reports should be transparent; consider posting on the agency website. • Formalize a process to preserve all directives that are issued at POPD. Confirm that the agency public records officer is managing these documents in compliance with the state retention schedule. • Review the current Court Security Officer position. Confirm that the position meets basic training requirements for an armed POPD, including participation in Page 21 of 78 SHERIFFS A POLICE CHIEFS contemporary use of force and defensive tactics curricula. Evaluate whether it meets the functional needs currently sought by the city and as defined by the position's job description. • Install systems that publicly delegate a temporary replacement any time command officers are absent from POPD. CHAPTER 5 — RECORDS MANAGEMENT 5.1 The agency has a standardized records management system. Purpose: This standard requires a standardized records management system for the law enforcement agency. This will ensure that the agency has a consistent process to record law enforcement incidents and activities such as report writing, property management, inmate tracking, permits, and licensing. 5.2 The agency has a system to record and maintain a record of every call for service. Purpose: To ensure that the Law Enforcement agency has a system, CAD or otherwise, to record all calls for service. The record should contain the date, time, and location, nature of the incident, responding units and a disposition for the call for service. 5.3 The agency has policies governing its compliance with all rules for ACCESS participation, to include: • The agency can show 100% compliance or has made corrections to comply with any ACCESS findings from the previous triennial audit, and; • The agency can show that all personnel have been trained and certified Purpose: To ensure compliance with ACCESS regulations and operates ACCESS terminal(s) in a secure, professional and legal manner. The agency should provide the documentation from their previous triennial audit by WSP/ACCESS or the FBI. Any compliance issues must have been addressed and documentation should be provided to show that the agency has corrected any noted deficiencies. 5.4 The agency physically protects the privacy and security of agency records in a manner that assures that only authorized personnel with the appropriate need to know - and right to know — can access those records. 5.5 The agency complies with Washington State law governing dissemination of records. Purpose: To ensure that the agency is in compliance with the Washington State Public Records Act, RCW 42.56. Policy governing compliance as well as common practice should be demonstrated. 5.6 The agency complies with Washington State law governing preservation and destruction of records. Page 22 of 78 SHERIFFS A POLICE CHIEFS Purpose: To ensure that the agency is in compliance with Washington State law governing preservation and destruction of records to include identification and maintenance of essential/permanent records. Policy governing compliance as well as common practice should be demonstrated. 5.7 The agency has procedures for processing and maintaining notice of infractions and citations. Purpose: Agencies must be accountable for all notice of infractions and citations issued their timely delivery to the court system, and retention for audit purposes. 5.8 The agency has guidelines to address the release of public information to the media. Purpose: Agencies should clearly identify who is authorized to release public information and what type of information the agency is comfortable with releasing through a PIO or other means. 5.9 The agency has policy and procedures for community notifications of registered sex offenders. Purpose: The agency shall have policy and procedures in place that allow for notification in accordance with RCW 4.24.550. 5.10 The agency has policy and procedures for investigating and verifying missing persons, including updating ACCESS databases with additional identifying features as they become available. Purpose: Agencies shall have a process for verifying that a missing person is still missing, periodically updating the status of the case, and ensuring that as much information as possible is packed into the WACICINCIC record. Policy and Procedure should include provisions for a person missing for 30 days or more and compliance with RCW 68.50.320 for investigation. 5.11 The agency has policy and procedures for: • The lawful impounding of vehicles • The recovery of stolen vehicles, to include attempts to notify vehicle owners Purpose: Agencies should have policy on how to handle evidence, impounds, notifications of owners, and ACCESS Locates for the recovery of a stolen vehicle. 5.12 The agency participates in Uniform Crime Reporting and/or NIBRS by reporting to WASPC as required. 5.13 The agency complies with Washington State law governing the submission of sex offense case files to the WASPC Criminal Justice Information Support Department (CIJS) for archiving pursuant to RCW 40.14.070. Purpose: To comply with the RCW and state retention schedule standard LE 2010-063. Page 23 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS Observations: Law enforcement records divisions provide a vital link between police operations and the public. In order to provide excellent service to citizens and other agencies, the records division, as a whole, must function with consistency and efficiency while operating within the scope of all regulating statutes. Concurrently, a records division should strive to remain accessible and be receptive to both internal and external customers. Effective management that provides a solid structure, with attainable expectations, is essential to achieve these goals. The POPD records unit is operating at a high level and is well respected throughout the organization, despite operating without any foundational policy or department -wide structure. The unit is staffed with a records manager, two record/evidence specialists, and one part- time employee who focuses on evidence. The unit handles approximately 4,000 reports annually, issues 85 Concealed Pistol Licenses (CPL) annually and process approximately 450 pistol transfer applications each year. Records staff also fingerprint 260 people annually, enter 25 warrants and protection orders each week, process property and evidence that enter the department and handle all walk-in traffic for the department. They are relatively up to date on their tasks and there are no backlogs of any time sensitive tasks. All four of the records staff are happy with their positions, have a positive outlook on the work, and are eager to do things correctly. All four indicate that they value the people they work with, especially Chief Brown, and want to preserve those relationships. They all felt their biggest challenge is with the police headquarter building. They struggle with not having a building that is designed for their work functions. They are optimistic that things will improve once the current building improvement and reorganization projects are completed. Firearms legislation has been rapidly evolving and the unit has seen a bit of an increase in activity. It is imperative that policies be adopted and published as soon as possible to cover the many mandates involved in processing firearms requests. Some legislation specifically requires policy and training of records staff. For example, military Concealed Pistol License (CPL) renewals for deployed personnel require a policy and a procedure to be published by the agency. Currently, the Chief is not briefed, and is not aware, of any firearm transfer or CPL denials. Since the Chief is the authorizing authority and records personnel have no legal training, it would be in the best interest of the department for the Chief to be aware of any denial or decline and the legal reasons behind them. Also, National Instant Criminal Background Checks (NICS) Transaction Numbers (NTN) are required to be logged and maintained for firearms that are released from the department, per FBI/CJIS regulations. POPD does not maintain a log and employees were not aware of the requirement. This sort of requirement should also be covered in a formalized agency policy or procedure. POPD currently charges residents $10 for each card they are fingerprinted on and $15 for non-residents. Fees for this service are set by RCW 43.43.760(4) and are not to exceed $5.00. Completed fingerprint cards are being returned to the members of the public instead of being directly mailed to the intended recipient. The FBI recommends against this practice. The integrity of the background check can be compromised since biographical Page 24 of 78 SHERIFFS A POLICE CHIEFS information on a fingerprint card be altered once the print card leaves the police department. POPD uses I -LEADS, an Intergraph product, for their Records Management System (RMS). This is a regional system used by all agencies in Kitsap County. I -LEADS interfaces with the State Electronic Collision and Ticket Online Records (SECTOR) which downloads citations into the system automatically. Staff manually enters collision reports despite being transmitted automatically to WSP through SECTOR. The practice of downloading collision reports should be reviewed to see if it should be continued since there is no requirement to maintain the reports once they have been transmitted to WSP and citizens can request the reports online from WSP. Also, POPD can obtain any collision data directly through the SECTOR program as needed. Once the collision reports are entered locally, they then become a POPD department record and have to be disclosed, retained, and eventually purged, which is burdensome. The records specialist estimates she spends about 90 minutes each week performing the data entry on collision reports, and most collisions are then disseminated at least twice. POPD is dispatched through Kitsap 911, formerly known as CENCOM. Kitsap 911 is a regional system for all of Kitsap County. I -Informer, also an Intergraph product, is used for a Computer Aided Dispatch (CAD) system to track all calls for service and officer activity. There is no department policy for participation in A Central Computerized Enforcement Service System (ACCESS). The Terminal Agency Coordinator (TAC) has developed policies necessary for the ACCESS system audits, but they are not issued by the agency head and have only been distributed to those that are viewed as needing to be aware of the policy. POPD completed an ACCESS user audit July 12, 2018. A review of current employees shows that the chaplain has not been security trained or ACCESS certified. One newly hired officer is awaiting training at the academy but has completed the ACCESS security test. Warrants confirmation, court orders, and other ACCESS entries are performed by the records staff during the day and by officers after hours. Kitsap 911 will enter stolen vehicles and missing persons after hours. Key control and security of the POPD building is an ongoing challenge that Chief Brown is attempting to manage. Consequently, POPD headquarters cannot be deemed secure because there has been no accounting for keys that access the building over the years. Moreover, city staff that have not been backgrounded were allowed to enter the headquarters area to remove furniture and perform other tasks while the LEMAP team was onsite. This is likely a cultural issue that has been allowed to occur for years. Fortunately, the most recent police reports that have been generated by officers can be considered secure since they are in a room where the locks have been changed. However, records stored outside of this locked room are not secure unless they are stored in a locked safe. An additional security concern is that the upstairs archival records area has no ceiling and access to this area, via a ladder, would be easy. Again, POPD has a solution in the works to trade storage facilities with the City Finance Department, but until that takes place this archival room remains a security issue. Page 25 of 78 SHERIFFS A POLICE CHIEFS Another potential police record vulnerability is that the building has a sprinkler system. Normally this is optimal, but paper records being stored in the downstairs records room and the upstairs archive room are at risk of water damage because they are stored either under or near sprinkler heads that would spray water. A halon type system or halon fire extinguisher is recommended for these types of record storage areas. If POPD records were digitized, this need would be diminished. POPD adequately conducts security background checks on all those that access the facility. This includes the mayor and city administrator who need access for an elevator reset in the mechanical room. While it is an unusual situation for this access to be granted, it does meet the Criminal Justice Information Systems (CJIS) security compliance regulations. Janitorial staff are properly backgrounded but also are only in the building to clean while staff are around. They have unescorted access but are still casually monitored. Office Manager Cindy Circelli handles all department public disclosure requests which average around 20 a month. She can contact the city attorney or city clerk if she is in need of guidance on an issue, but generally works independently. GO 1940 covers public records but it is out of date and should be immediately rescinded and replaced with contemporary policy. Cindy has a good basic working knowledge of the records management process, but ongoing training, and assignment of a mentor for more complex issues would be helpful. MRSC and the Model Rules are resources for frequently asked questions, procedures, and laws about the Public Records Act (PRA). Cindy advises that the current city attorney has never spent any time with her discussing the public records process, but does provide timely answers to questions. To ensure the city's legal authority aligns with Circelli's interpretation of the many complex rules involved in the public record management process, she may want to pursue an overall review of the POPD public disclosure process. Overall the POPD is nearly silent in its communication with the public as to how to obtain public records. There no postings in the police lobby and the website is absent information on public records. The City webpage has substantially more information, however, it all points to contacting the police department. The assessor located the request form on the website with a keyword search, but only after 3 attempts with different key words to locate it. No policy, hours, costs, or other information could be located, related to the PDR process, online or around the headquarter building. This needs immediate update to comply with the requirements of the public records act (PRA). Officers should also be trained on where to direct the public if a PDR is made to an officer on the street. Unless the officer directs them to a person, or informs them of the proper process, then the contact is considered a request that must be handled. One solution could be to develop and print a business card or flyer that an officer can provide to anyone inquiring about obtaining a copy of a report or document. The POPD public disclosure process needs some organizational attention to clarify responsibilities and functions. The city has, by ordinance and policy, segregated the police department from the overarching city's public records process. While the city uses GovQA for requests, all police requests are funneled to the police department. Circelli records all tracking for Joint Legislative Review Committee (JLARC) reporting and then forwards to the city clerk so that the city can report as a whole. Responsibility is unclear about police Page 26 of 78 SHERIFFS A POLICE CHIEFS employee records located outside the department and who is responsible for redaction and disclosure of those documents. The police department needs to follow the rules of the Public Records Act (PRA) for requirements such as posting who the Public Records Officer (PRO) is and how to contact that person, common exemptions, policy for requesting records and costs. All of this information should be readily available on the department's website and basic information should be posted in the police department lobby. Some sample websites to check would be the King County Sheriff's Office, and Everett PD. The city makes reference to fees established by RCW 42.56.120 but has not defined those fees. Definitions are especially important to establish the fees for electronic records as the department moves towards a paperless system. In an effort to provide the best assistance to the public, those fees should be published in advance of a bill being issued to the requestor. This can allow the requestor to modify their request prior to the records being gathered, redacted, and prepared for production. POPD should not only adopt Lexipol policy for records functions, but should also review the Washington State Attorney General's model policies for public records. Once this is complete, the agency should conduct an analysis and discussion with city leadership and legal staff. The group should determine if it makes sense to continue delegating PDR responsibility to the police department. If so, the agency must designate a public records officer (PRO) for the department. If the city chooses that path there are certain legally mandated training requirements for disclosure, preservation and destruction of records. It is also imperative to cross -train other record staff to handle the entire process within the department in case of unexpected or prolonged absences by the PRO. Alternatively, the agency should consider changing workflow and responsibility for records requests throughout the city. The city clerk's office could accept all requests through the online portal and assign the processing to the POPD PRO using GovQA. The clerk would have a centralized process for tracking all requests, making sure 5-day responses are completed if needed. GovQA can be used for tracking retention and distribution of the records and for accounting for time dedicated by city staff to PDR's for MARC purposes. The clerk's office personnel have already undergone CJIS backgrounds and some of the requests received involve multiple city departments beyond the police department. Several cities of a similar size use this model and essentially all the POPD records officer would need to do is gather, redact and respond to the request, document their search, time, and what records they produced. All else would be centralized with the city clerk. The current department organization can hinder the ability to search for records, but that should improve when POPD records become more centralized. There currently is no system in place to document search criteria used, which is an essential part of the PDR process to document and show good faith that the agency exercising diligence. This search data should also be provided to the requestor when records are not located so that the agency can verify the search was completed. The agency could track all record searches within its request log. This log contains several data elements required by law and is itself a public record so it must be retained, making it an ideal place to collect search information. Page 27 of 78 SHERIFFS A POLICE CHIEFS Once records are gathered, Cindy will either manually redact paper records with a marker or use Adobe Pro. However, neither solution provides a system for indicating what type of information is specifically being redacted from each document, which is required. Adobe Pro contains functions to mitigate this issue and that all records should be processed with the same consistent redaction method. Cindy advises that she has never had to redact audio or video records but does have use of a program called Audacity for redacting audio records. Since the agency records interviews, it is imperative that the agency obtain a system for redacting video or audio. POPD does not provide a redaction log to the requestor and there is no indication of where the redactions were applied in any document provided to a requestor. The agency is in need of a review of how POPD is redacting and withholding records. In one sample located by the LEMAP team, POPD denied a hard copy sex offense record that had been previously transmitted to WASPC. Unfortunately, since the electronic record could not be deleted in the POPD RMS, they still have the record and it must be produced. The LEMAP team recommends that the city attorney be contacted to review if this record should be produced to the requestor as a later discovered record. This could create liability for the department as far as timely disclosure, but it also stops the clock on possible penalties if the requestor later pursues the matter with the agency. In other examples, there were records that exist outside of the official juvenile court file that were redacted and produced. While there is conflict among Washington record practitioners about how to apply RCW 13.50.050(3), many agencies withhold juvenile criminal records and direct requests to the Juvenile Court. Public records and the PDR process are complex and a complete legal review of POPD practices is recommended to ensure that the city attorney agrees with the practices in place. POPD has no records preservation or destruction policy or strategy in place. The only references to destruction of records is in the general orders, where the employee is instructed to ask the city clerk for instruction. This is not adequate for training, guidance, or policy. POPD has not identified essential or permanent records or protections for the agency. Records from previous administrations no longer exist except for e-mails that have been captured on the city server. Public records are dispersed throughout many locations and offices in the department and lack overall organization. For instance, assessors located training records for 2018 in an unlocked file cabinet in a storage room while other training records were located in a file cabinet in the administrative sergeant's office. Police reports are be the exception to this organizational problem, as they are stored in locations that are very organized, clean, and are easy to locate. The department is currently undergoing a project to centralize records within the records section which should address many of these concerns. POPD generally follows the state retention schedule for destruction of paper police reports, but which criteria is being used to retain or destroy other types of public records is unclear. Also, not all police reports that could be disposed of are being destroyed and there are far too many reports remaining in the "purged" boxes. The department is unable to electronically delete police reports from the current RMS which means that they are not truly destroyed. The LEMAP team believes that destruction of these records is being held Page 28 of 78 SHERIFFS A POLICE CHIEFS up at the command level and is not a software limitation issue. The agency must consider how the department is complying with court orders to expunge a record and delete it from all systems, usually for juvenile records, if they cannot delete records from I -LEADS. There are thousands of police reports that remain from prior to POPD adopting I -LEADS. There is no electronic way to search these records and they are organized by a card catalog only. Based on a quick look at the card catalog it appears that many of these records have also met their retention period. It would make sense to once again go through these records, destroy as many as allowed by the retention schedule, and then either scan and toss the records or create an electronic searchable spreadsheet of the case number, names and dates of birth of involved persons, case type, and destruction date. POPD does not maintain or use a destruction of records log. This log should contain the records destroyed, the date destroyed, the person conducting the destruction, the method of destruction, and most importantly the Disposition Authority Number (DAN) which provides the legal authority to destroy each record series. The Secretary of State provides guidance and sample logs for records destruction. This log is a permanent record and will show a history of the good faith of the agency to destroy records only when legally authorized to do so. Generally, transient records with no retention value do not need to be logged, but other records that have retention limits, such as citations, police reports, payroll documents and documents from personnel investigations should be logged when destroyed. It is important that once POPD determines what records exist, designate essential or permanent records, and generally develop a records management program including training all employees on their role in records retention and destruction. There are many free videos available from the Secretary of State for various types of records and levels of involvement. This is also an excellent in-service training topic where Circelli could educate other department members. GO 1950 places the responsibility for processing, maintaining and auditing citations with the records unit. Currently, citations are housed in the sergeant's office and books are issued to officers from there. Issued and voided citations are turned into records at the end of the officer's shifts. Staff data -enters these and files issued cites with the court. The records manager conducts audits for all issued citations that includes the court for disposition and fees collected. SECTOR is now used extensively and citation book audits are not required as frequently. GO 1160 provides guidelines for release of information and provides great latitude for the rank and file to speak with the media. In practice, POPD records maintain a media log and Deputy Chief Schuster acts as the Public Information Officer (PIO). The rank and file generally do not speak with the media. On occasion a Sgt. will be given direction by the PIO as to what to disclose to the media, but all employees generally will always seek direction prior to their interaction. No written policy or GO for handling registered sex offender notifications could be located by the assessor within the POPD general orders manual. Agency members widely understood that Kitsap County Sheriff's Office is responsible for the actual registration and notifications. POPD conducts quarterly verification checks. Although the sergeant Page 29 of 78 SHERIFFS A POLICE CHIEFS responsible for the activity was not available for interview, assessors did verify the documentation for these checks existed. GO 1730 outlines how missing persons should be handled. This order should be replaced with Lexipol or model policy from the National Center for Missing and Exploited Children CMEC as soon as possible, as it ignores many best practices. General practice among the department and Detective Brandon is fairly proactive when managing these cases but more formalized procedures are needed. There is no formal procedure for identifying endangered missing persons, following up beyond the 30-day reminders received from ACCESS, or investigative protocols. Amber Alert information is out of date and needs to be a topic all officers are familiar with, especially supervisors that will need to direct those situations. NCMEC also offers many free training options and resources for investigators, supervisors, PIOs, and agency heads. Towing and impound procedures for vehicles is covered in GO 1840. While this section is very extensive it appears to inconsistent with current RCW's which mandate impounds and holds for certain crimes such as DUI. Additionally, the policy is absent direction for notifying owners of recovered stolen vehicles. Practice is for officers to notify the owners, update the report, and verify the vehicle has been removed from WACIC/NCIC by Kitsap 911 or POPD Records staff during dayshift hours. POPD participates in the National Incident Based Reporting System (NIBRS ). There is an automated IBR system in I -Leads and records staff advised that they do not have to spend an inordinate amount of time correcting errors as most are taken care of by the time a report is approved by a sergeant. This is a testament to officers taking responsibility for creating accurate documents and supervisors for holding their staff accountable. Sex offense cases are regularly turned over to WASPC for archiving in accordance with RCW 40.14.070. Unfortunately, since these records cannot be electronically deleted from I -LEADS they are still subject to public disclosure by the agency as they remain a record held by the agency. Recommendations: • Adopt Lexipol policies that relate to all aspects of POPD records as soon as possible. • As a priority, review POPD fingerprint fees and procedures. • Update firearms records procedures. • Consider discontinuing the practice of data -entering SECTOR collision reports. • Conduct security testing/background on the POPD chaplain. • Determine if the police department should continue to processes public disclosure requests separately from the city. A fractured or bifurcated process creates needless risk for the city and the police department. Page 30 of 78 SHERIFFS A POLICE CHIEFS • Adopt policies for public disclosure that cover the requirements of the PRA including but not limited to: • Update the POPD website with PDR instructions and also post instructions in the department lobby. • Train officers where to direct requestors. • Use an electronic redaction process. Adobe Pro and GovQA are options readily available. • Obtain, train, and use audio and video redaction software. • Track search terms and locations on public disclosure requests. • Provide the requestor with an appropriate redaction log that indicates what is redacted, the legal authority to redact, and a brief explanation. • Have a legal review of redactions being applied, especially redactions involving juvenile records. • Take steps to locate all keys, or change all locks to the POPD headquarters. • Explore different fire suppression options in all paper record storage facilities. • Create a records retention and destruction program. Train agency employees, identify what records exist, if they are essential or permanent records, etc. • Create and utilize a records destruction log with all appropriate data elements. • Destroy electronic records that have met their retention or have been forwarded to WASPC. • Destroy or scan and toss pre-ILEADS records. Be sure to create a searchable database of some sort of the records that remain. • Update and train personnel on missing persons processes, especially Amber, Silver/Endangered missing persons and Blue alert procedures. CHAPTER 6 - INFORMATION TECHNOLOGY 6.1 Access to the agency's computer system is secure with restricted access to those who are authorized and who have a passed background investigation. 6.2 The agency can show 100% compliance or that it has made corrections to comply with any ACCESS/CJIS findings from the previous technical triennial audit and/or FBI audit. Purpose: To show that the agency is complying with requirements to provide a safe and secure environment for the transmission of ACCESS data. 6.3 The agency has policies governing appropriate use of agency technology. Page 31 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS Purpose: Agencies need policies to address appropriate use of technology to define what acceptable practice for that agency is. 6.4 Each fixed and mobile computer workstation has an up-to-date copy of agency - approved, security software installed and running while the equipment is in use. Purpose: Agencies should attempt to secure and protect their data from potential harm from outside sources with security such as anti -virus, anti- malware, anti-spyware, firewalls, etc. 6.5 Electronic information is routinely backed -up at least once a week. Back-up data is kept in secure storage and is completely destroyed when no longer needed. Purpose: Agencies should protect their data. Backing up a system on a regular basis is recommended. Proper data destruction so that it doesn't become available to unauthorized users is required. Observations: Information Technology (IT) is vital to any agencies operational functions and is considered out of sight/out of mind...until there is a problem. Law enforcement has become increasingly reliant on technology, which places amplified pressure on support systems to maintain existing systems and facilitate the introduction of new products that ensure employees are both effective and efficient. Having a functional IT system is as critical as having a fully functioning vehicle or building to work from. Overall, the POPD system appears to be secure and well maintained, but there are some concerns about security of outside devices used by the department. Steve Havert, IT Specialist, provided a memo with information about the department IT functions. The assessor conducted a follow up interview with Kori Pearson, who assists Steve, and she was able to answer additional questions. POPD has a secured server room that is restricted to access by those that have been CJIS backgrounded. The master key is kept in Human Resources (HR) and keys are logged when they are checked out. The HR director is not currently CJIS backgrounded and should be since she has physical access to the room. The city employs a group policy that automatically locks computer workstations after approximately 15 minutes of inactivity. By city policy, employees are to lock their screens when they walk away from their computers. On a random check of computers, one was found with a blacked -out screen but was not actually locked, all others were properly locked. The ACCESS technical security audit was successfully completed June 26, 2018. There currently are 2 people on the CJIS security list for SEITEL, an outsourced IT company the city uses, that have not completed the security training test. They are managers for SEITEL and city staff does not believe that they actively access the city's network and are only identified in the CJIS software that tracks users as vendor controllers. The agency should verify this to ensure that the managers do not need to undergo CJIS background. POPD has several policies and general orders that cover the use of department IT resources. GO 1920 covers the use of department computers, including a section on department e- Page 32 of 78 SHERIFFS A POLICE CHIEFS mail. Policy 204 covers the use of e-mail and 701 covers the use of personal communications devices (PCD). The agency allows staff to use either personally owned or department issued PDCs. Both the e-mail and PCD policies touch on public records and retention of the records which is excellent, but there is little guidance other than to ask the city clerk or office manager questions about retention or disclosure. Software to capture all potential public records could be installed in Department owned devices prior to being issued. GO 1960 deals with social media and also instructs that the city clerk will develop a strategy for preserving social media records. The strategy should be described in the order if those using social media have any responsibility for the preservation of the record, which is likely. There are no policies to address the use of drones. Before any drone program is launched, it is imperative that the agency install solid policy, including public records considerations. POPD uses TRAPS by Palo Alto Networks for anti -virus and network security. Security patches are pushed out to workstations and mobile computers within 2 days. Desktop computers appeared to be up to date. The mobile computers used by officers are provided by Kitsap 911 and connect via NetMotion a Virtual Private Network (VPN) to the CAD system. Officers are able to access CAD through a single Windows login. The assessor could not determine if advanced authentication is established through NetMotion or other means such as Public Key Infrastructure (PKI). Either way allows for digitally signing the computer on to a server. It was unclear to the LEMAP assessor whether POPD officers are using advanced authentication measures to log on and use the mobile units, linking various criminal justice systems and city resources. Advanced authentication (AA) is an important security measure as well as a CJIS requirement that requires an extra log in step to access any computer. Lacking an AA system places every law enforcement user of the Kitsap 911 regional system at risk of failing an ACCESS or FBI CJIS audit and vulnerable to corruption. A similar concern is that the POPD mobile computers did not appear to have identifiable anti -virus protection. If true, system vulnerability is amplified because officers are using their mobile units to access the POPD RMS, email and internet which enhances the risk of hacking and Ransomware attacks. While the mobile devices do not belong to POPD, their use can potentially create security risks to the data of POPD and other law enforcement agencies that share the regional system. Desktop computers and mobile devices are all on Windows 7 which will no longer be supported for security updates as of January 2020. Assessors did not determine if there is any plan to upgrade the devices to remain in compliance with CJIS regulations. The POPD file server is backed up daily to a local storage device. These backups are then encrypted and sent over a secured internet connection to Quest Systems for Cloud storage which is an excellent disaster recovery strategy. The LEMAP team was unable to determine how long the data is kept before being overwritten, but believes the duration to be in compliance with the Washington State Retention Schedule. Page 33 of 78 SHERIFFS A POLICE CHIEFS Recommendations: • Update policies/general orders with specific instructions on how to preserve the electronically generated public records. Be sure to include drones if that program is going to be deployed. • Verify all personnel have the proper CJIS background and training. • Research advanced authentication security and virus protections on the mobile computers and explore options for making them CJIS compliant, if necessary. • Update computers to Windows 10 for CJIS compliance. CHAPTER 7 - UNUSUAL OCCURENCES 7.1 Every sworn member of the agency has completed the National Incident Management and Incident Command System(s) introductory training -ourse(s). Purpose: To ensure all sworn personnel has completed both IS700 and tCS100 7.2 The agency has plans for responding to natural and man-made disasters, civil disturbances, and other unusual occurrences. Purpose: To ensure the agency has a current plan in place and is prepared to respond to any disaster immediately. 7.3 The agency works with the County and/or regional agencies in developing a county or regional disaster or emergency response plan. 7.4 The agency has a policy for requesting and providing mutual aid. Observations: For most police departments, planning for unusual occurrences is an afterthought. It is a function that is often handled by the local fire or emergency management department and is sometimes viewed as a nuisance that is parked at the bottom of the agency's list of priorities. However, in those rare events when an unusual occurrence strikes, the consequences of response and recovery can easily overtake an agency. For an agency the size of Port Orchard, leadership would be forced to scramble for staffing, support and resources. This scenario could jeopardize the safety of residents and place the police chief as a primary source for public criticism. Moreover, Port Orchard is vulnerable to rare and unusual events such as earthquakes, landslides and severe storms. Within the past year Port Orchard was even struck by a rogue tornado. This chapter is intended to provide agencies with a platform to work from. It focuses on basic training of employees and participation in local and regional planning exercise activities that potentially allow for broad support and assistance when disaster strikes. The Port Orchard Public Works manager, Mark Dorsey, has served as the city's emergency manager for the past several years. Chief Brown will be adopting this responsibility as of Page 34 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS January 1, 2020. Dave Rasmussen is a Public Information Officer and Community Outreach coordinator for Kitsap County Department of Emergency Management (KCDEM) and was interviewed by phone as part of this process. Rasmussen reports that the City of Port Orchard is engaged with KCDEM and POPD staff have been involved in an active shooter drill within the past several years. POPD officers interviewed by the LEMAP team indicated varying levels of involvement in past KCDEM activities with most indicating that they have not been involved. However, many reported they were involved in the tornado response and recovery from last year, which did contain ICS components. Rasmussen added that his office has recently met with Chief Brown about his new responsibilities and KCDEM is encouraged by his attitude and commitment to future participation of POPD in DEM activities. National Incident Management System (NIMS) training is required per the Homeland Security Presidential Directive (HSPD-5) to receive federal funding for grants, training, and reimbursement for disaster recovery processes. Personnel must receive training based on their Incident Command System (ICS) role and training is not restricted to only commissioned personnel. Training ranges from online course that can take 1-3 hours up to week-long courses that are very comprehensive and often involve multiple public and private disciplines. The WASPC standards only require IS 700 and ICS 100, and generally only require attendance by commissioned personnel, which is well below the standards required by FEMA. A roster of POPD officers that have completed the introductory courses (100 and 700) indicate that about 2/3 have successfully completed the courses. This roster did not include the names of any civilian employees, who should complete ICS courses commensurate with their assignment to an ICS framework. Rasmussen advises that Port Orchard is part of KCDEM and is customarily involved with updates to the county's hazard mitigation plan (HMP) and comprehensive emergency management plan (CEMP). KCDEM is currently updating the HMP and the CEMP is scheduled for update in 2020. He reports that POPD staff are actively involved in the HMP update and anticipates that they will be active when the CEMP is reviewed. As was discussed in chapter 4, POPD's current staffing and scheduling configuration does not allow for 24/7 supervisory coverage. This is problematic from many operational perspectives, particularly when discussing mutual aid protocols. GO 1050 covers jurisdiction, mutual aid and deconfliction in very general terms. The policy does not provide clear direction to POPD officers when requesting, or responding to requests, for mutual aid. Interviews of POPD officers indicate that if they need help from another agency, and a sergeant is not working, a senior officer will make that decision. If the senior officer has time, they may call the sergeant who last finished their shift, for guidance. When responding to requests for mutual aid, all officers on duty will leave the city if the request is an "all call" for assistance. If it is a lower level request, they will likely decide between themselves who will respond to assist. Page 35 of 78 SHERIFFS A POLICE CHIEFS Recommendations: • Ensure all officers, and any civilians that may be assigned to a city or county emergency operations center have completed the appropriate ICS courses for their level of involvement. See www.fema.gov/emergency/nims for more information. • Identify a back up to Chief Brown who can serve as POPD's representative to KCDEM. Relationships are crucial when responding to or recovering from a major event. Redundancy for this assignment is important, provides relief for the Chief, and propagates future leaders. • Ensure that agency supervisors are familiar with the local CEMP. The document is often intended as a reference tool, but familiarity with it may become invaluable pursuant to a significant event or a request for assistance. • Revise the POPD policy on mutual aid and include guidelines for requesting and responding to requests for mutual aid. Move deconfliction language to the investigations policy area. • Consider adding another sergeant, and potentially a corporal rank, to ensure 24/7 supervisory coverage for addressing operational needs that require supervisory involvement, including requests and response to requests for mutual aid. A city the size of Port Orchard, with the nature of calls for service, should not be without 24/7 supervisory coverage (sergeant or corporal). CHAPTER 8 — HEALTH & SAFETY 8.1 The agency has written guidelines that inform employees of the threats and hazards associated with airborne and blood borne pathogens. 8.2 The agency provides personal protective equipment, which shall include latex gloves (or equivalent), eye protection and protective shoe covers to minimize exposure to potentially infectious materials and objects. 8.3 The agency provides soft body armor and requires its use for personnel engaged in uniform field duties or high -risk situations. Purpose: The agency is responsible for ensuring that personnel engaged in field duties or high -risk situations are wearing necessary protective equipment. 8.4 The agency provides reflective clothing and requires its use. Purpose: The agency provides OSHA approved reflectorized vests to increase the visibility of employees while exposed to traffic hazards. Use of reflectorized vests is mandated for personnel while directing traffic, or at the scene of a traffic accident (ANSI Class II — 2009). 8.5 The agency has procedures for disposal and decontamination when there is an event or contact involving biohazard material including blood or bodily fluids. Page 36 of 78 SHERIFFS A POLICE CHIEFS 8.6 The agency has procedures for post -exposure reporting and follow-up after suspected or actual exposure to infectious diseases. 8.7 Non-commissioned police employees are physically separated from the public by a physical barrier in the lobby area. 8.8 The agency requires all personnel to use safety restraint/seat belts while operating agency vehicles. Observations: While arresting suspects, investigating crimes, conducting searches, and taking samples, law enforcement officers can be exposed to a staggering number of pathogens. Exposure risk is heightened in chaotic work situations with uncooperative patients or suspects. In order to minimize these risks and protect employees, it is essential to provide the proper equipment and training to its members. Agency policy and detailed procedures are essential to guide employees in their decision making, both before and after an exposure. General order 1170 covers policy and procedures for infectious disease exposure. Detailed procedures are provided regarding post -exposure reporting after a suspected or actual exposure. Disposal and some decontamination procedures are also found in this policy. The order does not address how soiled linens or uniforms/equipment will be laundered or how vehicles will be decontaminated. Current practice is that the officer will contact a supervisor and go directly to the hospital if required. The officer would also fill out the `Employee's Report of Incident and Injury' form and supervisors are required to fill out the `Supervisor's Investigative Report.' Some officers were unaware of any type of available follow up, such as testing the source subject for blood borne pathogens (WAC 246-100-205). OSHA Standard 29 CFR Part 1910.1030 addresses bloodborne pathogens and requires a specific exposure control plan: "The Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.1030(c) (1) (i) states that each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. " The police department does not currently have an exposure control plan. WAC 296-823- 12005 requires the city to provide training at least annually and within one year of the previous year to employees with occupational exposure, including police officers. Although staff has not been trained on a specific exposure control plan, officers and supervisors interviewed were up to date on first aid and blood borne pathogen training, which POPD delivers every two years. General order 2030 requires first aid kits and protective body covers be kept in the vehicles. Policy provides the officers will be provided with the following protective equipment (PPE): CPR face masks, disposable latex gloves, disinfectant hand cleaner, plastic evidence bags, biohazard kits containing masks, gloves, gowns, and Sharps containers. Employee reports varied on which supplies they are currently issued, but most reported only carrying Page 37 of 78 SHERIFFS A POLICE CHIEFS first aid kits and gloves. A sergeant interviewed stated the department currently has three AED's, which are checked out during every shift so one is available to patrol officers in the field. Officers are issued tourniquets and receive training through Kitsap County Sheriff's in-service training program. Although the agency currently has brand new respiratory masks, they have not been issued due to mandatory training and medical requirements. General order 1860 requires `high visibility outerwear shall be worn whenever manual traffic direction is required.' The requirement to wear a high visibility vest falls under US Code of Federal Regulations 23CFR 655.601. Officers interviewed were aware of the policy requirement and the department currently issues high visibility vests that conform to the above regulations. General order 1450 addresses Port Orchard's dress code, which includes the mandatory wear of body armor for uniformed officers and by plainclothes personnel during high risk incidents. General order 1330 further requires body armor be worn while at the range. The assessor observed all uniformed patrol personnel wearing body armor. The deputy chief provided a list of officers and assigned vests. Two vests were expired but replacement vests have been ordered. Port Orchard's Marine Patrol Unit's policy and procedures can be found in General order 1135. Part of the policy requires `all occupants of any POPD marine vessel shall wear an approved flotation vest or coat at all times.' Although policy did not require it, officers interviewed stated that they were required to wear a personal flotation device anytime they were on or near a dock or waterway. Standards of conduct is addressed in General Order 1420 and specifically requires all employees to wear their seatbelt while operating a city owned or leased vehicle. Officers reported that all passengers are protected by seatbelts as well, although policy does not address this. General Order 1512 provides policy and procedures related to the Lateral Vascular Neck Restraint (LVNR.) Not all officers of POPD are trained in LVNR and officers interviewed reported they could use LVNR only if they were trained, certified and the suspect was combative and/or assaultive. Policy current reads in part, `Officers may use techniques from the LVNR system when it is objectively reasonable to do so. The system is located at "active resistant" on the use offorce continuum during normal use. This means the technique is applied at LVNR system levels 1, 2 or 3 with the subject not losing consciousness. In the 10-15% of applications that require the subject to be rendered completely unconscious, he/she would be at the "assaultive" level on the force continuum.' POPD's Lexipol policy on the use of force is in contrast with the general order on LVNR, as the use of force continuum is not a best practice and not in line with modern case law. The lobby/records section was found to be separated and the glass between the lobby and office window is constructed of bulletproof glass. Page 38 of 78 SHERIFFS A POLICE CHIEFS Recommendations: • Update language change in General Order 1170 section II.B.4 to reflect the incorporation of Washington Laws, 1998, Chapter 206, Section 703, which is now found under RCW 70.24.340. • At a minimum, three main classes of personal protective equipment should be kept in vehicles and at the station; hand sanitation (handwashing, alcohol gels, sanitation wipes), protection against blood and bodily fluids (gloves, masks, goggles, protective shoe covers), and respiratory protection (CPR masks and disposable respiratory masks).These items should be easily accessible by all employees at risk of exposure. • Create a detailed exposure control plan and assign an exposure control officer who will be responsible for creating an inventory system and tracking required safety equipment and associated training. • Ensure non -sworn employees receive initial and annual training on blood borne and airborne pathogens. • Consider applying for the Department of Justice Bulletproof Vest Grant Program. This grant will cover half the cost of each vest when approved. • Modify policy language to specifically include providing officers with high visibility vests that conform to the American National Standards Institute (ANSI) Class II, while directing traffic or in any other high visibility traffic hazard. • Update the marine policy to match the current practice of requiring officers who are working on the docks or near the water wear a personal flotation device. Since Port Orchard PD is responsible for responding to water -related incidents, consider issuing every officer a PFD and rescue kit to be kept in their patrol vehicle. • Update policy to include the mandatory seatbelt wear of passenger and prisoner transport. • Update LVNR policy to reflect the use of force definition and standards as adopted in Lexipol Policy 300. • Verify with human resources that the `Supervisor's Investigation Report' for an on the job exposure/injury is compliant with current standards and law. CHAPTER 9 - FISCAL MANAGEMENT 9.1 The Chief Executive Officer has the authority to spend funds in the approved budget for day-to-day operation of the agency. 9.2 The Chief Executive Officer makes regular reviews of the agency budget. 9.3 The agency has a system for review and approval of expenditures. Page 39 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS 9.4 The agency has a policy requiring supervisor approval of all overtime. 9.5 The agency requires supervisor approval for all employee timesheets. Purpose: Elected officials (Sheriffi are exempt from filling out timesheets. 9.6* The agency has a system to document and record the use of cash funds that include receipts, supervisory approval, and periodic audit. Purpose: To ensure that control measures are in place for all cash activities in the agency, specifically the common areas of petty cash, cash received in records, and investigative funds. Observations: Fiscal management for any public organization revolves around systems and processes that underpin strong stewardship of public money. This section focuses on the budget process and management, purchasing, payroll and handling cash funds. Following interviews with staff tasked with these responsibilities the LEMAP assessor found appropriate systems and procedures being utilized for fiscal oversight despite a lack of formal policies. POPD operates on a 2-year budget cycle. The 2019-2020 POPD budget is approximately $11.2 million. The budgets were set prior to Chief Brown coming on board and generally had been established based on history and not based on any sort of needs assessment guided by an updated POPD mission or vision. For example, training is budgeted based on a $1,000 per officer basis with no analysis of actual training costs or what training should be provided. This is a bottom -line budget system and funds can be transferred among line item accounts easily. However, many of the current challenges with personnel, facilities and software were not previously considered and funding will need to be found outside of the current 2-year budget. Chief Brown has the authority to manage the day -to day budgetary operations for the police department granted through city ordinance. He currently conducts quarterly reviews of the budget with the Finance Department. He also meets with finance staff on a regular basis to work on moving funds between line items. Currently there is a form in place for expenditures which must be approved by any member of the command staff prior to purchase. Ideally, a system designating a command level staff member with the responsibility for screening all purchasing requests could be put in place. This individual could easily be a civilian manager. They would be responsible for budget research and recommendations, day-to-day monitoring of the budget, and spending authorization. This person would then be responsible for keeping the Chief briefed of the budget status. The designee would be knowledgeable of the current budget status and would be better prepared to approve requisitions than a random supervisor who might not have any familiarity of the true budget status. GO 1210 advises officers to have their direct supervisor approve any overtime prior to working it. Exceptions to prior approval include emergencies, calls for service, and arrests which require the officer to seek approval as soon as is reasonable. If the direct supervisor is not available, any supervisor can approve the OT. Actual practice is that officers working that need to work overtime due to a call will put the report number in their electronic Page 40 of 78 SHERIFFS A POLICE CHIEF timecard and their supervisor will approve it at that point. For non -urgent needs the shift supervisor will decide if there is need for the officer to stay past their shift and will approve the overtime in the computer system. GO 1210 instructs any supervisor that has approved OT to review the officer's timesheet. It does not provide that a supervisor must approve all timesheets and the LEMAP assessor did not locate any other written instructions. Department practice is that officers will electronically complete their time sheet and submit it at the end of their work week. The sergeant will then match the schedule to the information submitted and approve or ask questions as needed. GO 1755 covers investigative funds and has a process for checking out and logging the funds, but no mention of audits. This fund is actually a checkbook and not cash on hand, which does not necessarily require audit. Chief Brown advises that investigative funds have not been used for about a decade and is essentially defunct. This cash fund should be inactivated. No cash is handled in the department as all transactions have to be handled through City Hall. Recommendations: • Inactivate the investigative fund checkbook until if/when there is a need for these funds. • Consider review and approval of expenditures assigned to one person who then will monitor the budget and brief the Chief. This could be a civilian manager type position. • As part of succession planning, consider conducting monthly budget reviews with all managers and supervisors of POPD. CHAPTER 10 - RECRUITMENT & SELECTION 10.1 The agency has written standards and hiring criteria for sworn and non -sworn employees and, if applicable, reserve, part-time, or limited commission personnel. Purpose: To create a professional, fair and equitable recruitment and selection process that attracts qualified candidates meeting minimum requirements as established by state training standards and applicable laws. 10.2 The agency requires that background investigations be conducted on each candidate for a sworn position prior to appointment, and requires that proof is submitted to the Washington State Criminal Justice Training Commission. Purpose: The critical and important nature of law enforcement employment require that only the most qualified people are hired to work as law enforcement officers. One of the most important aspects of the selection process is the background investigation. A comprehensive background investigation, conducted by competent investigators is very beneficial in determining the most qualified candidates for selection. Page 41 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS 10.3 The agency requires that a medical examination, including drug screening, be performed by a licensed physician for each candidate for a sworn position, prior to appointment. Purpose: A full and complete medical examination is necessary to ensure the health and physical condition of candidates for law enforcement employment. 10.4 The agency requires that a licensed psychologist or psychiatrist conduct a psychological fitness examination for each candidate for a sworn position, prior to appointment. Purpose: The mental and psychological health of a law enforcement officer is essential. This is important to the officer candidate and to the law enforcement agency. The Washington State Criminal Justice Training Commission's psychological testing requirements satisfy this accreditation standard. 10.5 The agency requires that a polygraph examination be administered, by a qualified technician, for each candidate for a sworn position and prior to appointment. 10.6 Applicant files are secured and available only to those who are authorized to participate in the selection process. 10.7 Employee personnel files are separate and secured from other files. Medical tests, psychological evaluations and polygraph results are kept separate from personnel files in secure locations. Purpose: To ensure that records related to agency personnel are legally maintained and purged as needed, and that dissemination criteria are established and confidentiality is maintained. Observations: There are very few tasks a law enforcement agency performs more critical to the organization than the recruitment, selection and hiring of police officers and police department employees. The efficiency and effectiveness of law enforcement agencies is enhanced when sworn and non -sworn personnel are appropriately used to perform those functions that are best suited to their special knowledge, skills and abilities. Position - specific hiring standards and comprehensive hiring processes help to ensure the promise of qualified, high quality police employees. In today's environment, applicants must possess diverse skill sets and meet the complex requirements to become a police officer. Intelligent, ethical and responsible police employees are the foundation from which quality police organizations are built and sustained. Shortcuts in employment standards and the hiring processes often result in long-term encumbrance on the agency and an unfortunate decline in organizational effectiveness and public trust. The Port Orchard Civil Service Commission is responsible for the recruitment, testing and eligibility of POPD officers. Job description and application information can be found on the civil service website as well as the police department's website. Current recruitment is handled by job postings on the City's website, posting on the Association of Washington Cities (AWC) website and through Public Safety Testing.com (PST), which is the company responsible for testing of entry level police officers. Page 42 of 78 SHERIFFS A POLICE CHIEFS Debbie Lund currently serves as the HR Coordinator/Civil Secretary, has been with the City of Port Orchard for 6 months and brings 20 years of prior experience to the city. Any shortcomings in the POPD hiring process should not be construed as directed at Lund, given her short tenure with the city. Lund reports to the Port Orchard Finance Director. Current job descriptions and background criteria are currently under review by Chief Brown. POPD contracts with PST for entry level testing and takes lateral police officer and non -sworn applications directly. Lund is responsible for coordinating applicant interviews for the police department. Once an eligibility list is created the Chief requests the names from Civil Service and the hiring process is turned over to him. Background investigations are currently being conducted by Public Safety Testing as well. Lund maintains background and confidential files in her office in an unlocked file cabinet. She customarily holds paperwork on an office shelf, until Fridays when she files them in the appropriate file. Personnel and medical files are currently kept in a locked file cabinet located in the open space just outside Lund's office. Both the Finance Director and Assistant Finance Director have keys to all file cabinets and Lund's office. Archived files are in a separate room that most employees have access to. The LEMAP team inquired about polygraph testing and asked to see a final report for the most recent POPD officer hire. Staff was unable to locate the report. PST is responsible for coordinating the polygraph, psychological and medical exams. Lund as well as administration were unaware of the credentials of PST examiners. The LEMAP team is aware that PST customarily uses credentialed and licensed examiners for all professional testing. POPD does not operate under a policy (or GO) requiring a medical examination and drug screening, performed by a licensed practitioner, prior to hire. The assessor was unable to determine, through municipal code or policy, who has authority to hire POPD employees. Chief Brown believed he has hiring authority, although it had not been officially delegated to him at the time of the LEMAP team's visit. Recommendations: • Immediately restrict access to confidential personnel files that may include background, polygraph, financial and medical information, to only those employees directly involved in the hiring process. • Separate all sensitive documents from other contents in each employee's personnel file. Best practice is to develop a second hiring/background file, containing all sensitive documents stored separately from the employee personnel file. • Develop a recruitment plan that includes agency and community information, department values and pay/benefit information. Post this information on all commonly used websites and social media platforms the city maintains. • Update hiring criteria for sworn and non -sworn employees to conform with state and federal laws as well as contemporary eligibility requirements. • Determine and designate who the hiring authority for POPD is. Page 43 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS • Consider modifying the reserve officer policy by consolidating the three reserve officer classifications into one category. Ensure all reserves successfully complete the POPD field training program before being eligible to perform solo patrol. • Develop written procedures covering all aspects of hiring and background processes which complies with WSCJTC and RCW requirements. These procedures should include a clear description of: o All the steps in the hiring process, including who is responsible for each step. o The requirements for a thorough background investigation that identifies all testing, to include polygraph, psychological and medical examination including drug screening. All examinations must be conducted by a qualified, certified and/or licensed examiner or practitioner. o The required location and security of all document's and files association with the background process. o The proper notification to the WSCJTC. CHAPTER II - TRAINING 11.1 The agency requires all full-time, sworn members to successfully complete the Basic Law Enforcement Academy or Equivalency Academy, as certified by the Washington State Criminal Justice Training Commission prior to assuming law enforcement duties, and requires that they begin attending the Academy within six months of their date of hire. Purpose: All newly hired peace officers shall comply with all requirements of the Washington State Criminal Justice Training Commission. 11.2 The agency has established a formal field training program for all newly sworn officers that includes: • Field training officers who are specially trained for that purpose; • Regular documentation of the progress of the student officer; and • Requiring the student officer to successfully complete the training program prior to assuming law enforcement duties. Purpose: To ensure that new police officers complete a formal field training evaluation program that complies with requirements and provides officers with actual, critical, field experience prior to solo assignment. A well -designed field training program must be planned, managed, and assessed in a careful manner. This program provides the new law enforcement officer with the structured initial exposure to the role and functions of the law enforcement occupation. It is also important because it incorporates the basic training program with the practical application of that training in actual law enforcement situations. 11.3 The agency maintains and updates training records of all employees. Purpose: It is important to the law enforcement agency and its employees to record all training programs and courses that agency personnel attend. The Page 44 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS information should be recorded for each employee and should include the type of training, the date(s) of the training, any certificates received, and any available test scores. 11.4 The agency maintains records of each formal training it conducts, to include: Course content/lesson plans; Performance of attendees; • Credentials of the presenter or instructor Purpose: This standard deals with the training programs that the law enforcement agency conducts. In addition to the listed minimum requirements, the law enforcement agency may consider additional information for personnel consideration and possible legal needs in the future. 11.5* The agency can show 100% compliance with the annual WSCJTC requirement for training. Purpose: To ensure the agency is providing necessary and required training to all personnel in accordance with WAC 139-05-300 and industry best practices. 11.6 Agency personnel are required to demonstrate satisfactory skill and proficiency with agency authorized weapons before being approved to carry and/or use such weapons. Purpose: Law enforcement officers who carry and use agency -authorized weapons shall be required to demonstrate proficiency with the weapons. The officers should also be trained about the authorized use of force options, their appropriate applications and the legal requirements on the justified use of force and deadly force. 11.7 Staff members who are designated as full-time supervisors or managers have earned the appropriate certification by the Washington State Criminal Justice Training Commission. Purpose: Agencies must comply with RCW 43.101.350. 11.8* At least annually, agency personnel receive in-service training on the agency's use of force and deadly force policies. 11.9 In-service training for non -lethal weapons shall occur at least once every two years. Observations: An effective training program is one of the most critical elements of a successful law enforcement organization. An important aspect of training is developing and maintaining a curriculum that is based upon current trends, best practices and latest tactics. Up-to-date and consistent training can help mitigate legal issues that often plague law enforcement organizations. Citizens expect their law enforcement agencies to ensure officers are properly trained, prepared and equipped for split-second decisions under tense, uncertain and sometimes rapidly evolving conditions. Page 45 of 78 SHERIFFS A POLICE CHIEFS Training should provide employees with legal updates, current information, tools and tactics that help keep them safe and assist them achieve their professional goals and career aspirations. This is an enormous challenge for agencies who have not been intentional about making this type of training a part of their regular practice. To accomplish this, it is crucial that the organization's leadership demonstrates the importance of training, that the agency installs a robust training monitoring and management system, and the agency develops customs and practices that place emphasis on the value of training at all levels of the organization. POPD's policy indicates the officers who have been selected to be FTO's within their organization will attend a CJTC certified Field Training Officer's course. An interview of the training sergeant confirmed this as POPD's practice. POPD documents the progress of the trainee through the use "Daily Observation Reports" (or DOR's) and other forms that are reviewed and electronically signed by the student, the FTO and the training supervisor. These forms are stored electronically in the FTO sergeant's office. POPD employs a computerized program, known as "ASMi", to accomplish the task of managing and recording employee training records. Instructor certificates, course content /lesson plans and performance of attendees are all maintained within this system. Both the Training Sergeant (Sergeant Jason Glantz) and the Office Manager (Cindy Circelli) indicated frustration with the system. The system is not specifically designed for law enforcement use (it was originally designed for military use) and users expressed problems with attempting to run training -related reports. Nevertheless, POPD's method of maintaining and updating training records appears to be working. Chief Brown hopes to move POPD to PowerDMS for tracking future department training. When LEMAP assessors asked Cindy Circelli about non -sworn employee training, she stated it was virtually "non-existent." POPD leadership should be cognizant of this shortcoming and seek out relevant training to all employees. Over the last several years, POPD has successfully been able to meet the Washington State standard that all certified peace officers complete 24 hours of in-service training each year (RCW 43.101.095 / WAC 139.05.300). Sergeant Glantz provided assessors with copies of certificates from previous years. With the exception of Taser and firearms training, most of the in-service training for POPD officers is either supplied through Police One or through fee -based courses. POPD does not operate under an annual training plan and, consequently, training is somewhat fractured among POPD officers. Police officers must be required to demonstrate skill and proficiency with agency supplied weapons before the officers takes that weapon into the field. This standard exists so that officers are not attempting to use weapons, normally under stressful or critical events, that they are not familiar with. POPD officers are issued non -lethal tools including an expandable baton, Taser and oleoresin capsicum (OC or pepper spray). Firearms issued to POPD officers include a pistol, rifle and shotgun. It is somewhat unusual for officers to have access to both a rifle and a shotgun at the same time and many agencies have moved away from deploying shotguns, except for non -lethal purposes (i.e. deploying non -lethal projectiles). Page 46 of 78 SHERIFFS A POLICE CHIEFS Sergeant Jason Glantz, who serves as the administrative or day shift sergeant, indicated that except for firearm qualifications POPD does not document "skill and proficiency" of agency authorized weapons by their officers before the weapon is placed into service. Their training documentation, if it exists, only memorialize that the officer(s) attended training. LEMAP assessors interviewed several officers and supervisors and found they have not had less lethal weapon training (except for Taser) in many years. RCW 43.101.350 identifies core training requirements for law enforcement supervisors and managers following promotion. Sergeant Glantz said all three sergeants have their first -level certifications and the Deputy Chief and Chief have their middle manager and/or executive certification. Police officers must be fluent in the agency use of force policy and the best way to ensure fluency is through (at least) annual review and evaluation (testing) of its content. POPD's Taser instructor reports that they routinely cover parts of the POPD use of force policy when providing Taser training updates. However, he (and other officers) have never received specific training on POPD's use of force / deadly force policies in its entirety. Any employee issued non -lethal weapons should receive training related to those weapons at least every two years. As with many agencies that are not WASPC accredited, this training is often ignored. LEMAP assessors interviewed several officers and supervisors and all stated it had been years since they had been trained on the use of OC or baton. POPD does regularly hold Taser training events because they have a certified Taser instructor on the department. The department currently does not have a certified defensive tactics instructor and does not train with any tool, or tactic, except for firearms and Taser. Sergeant Glantz stated the last time they trained on defensive tactics was in 2014 or 2015 when they used an outside agency instructor from Gig Harbor PD. Consistent and credible training, with demonstrated proficiency, on all lethal and non -lethal weapon platforms, is an essential component of leading any police department in 2019. Training agency personnel is labor intensive and requires vision, commitment and discipline by all members of the agency, particularly those holding supervisory and command positions. POPD employees deserve an enhanced training program, and the employees are aware of this. The time is right, and the employees are ready for a course correction with the POPD training program. Recommendations: • Provide civilian employees with periodic training opportunities based on necessary skills for their current assignment and career goals. • Convene a cross-section of employees and develop an annual POPD training plan covering mandatory and discretionary topics of interest and relevant to each employee's assignment. • Adopt an organizational commitment to authentic and relevant training for all members of the organization. Page 47 of 78 SHERIFFS A POLICE CHIEFS • Adopt a leadership training program where commissioned supervisors, and employees interested in promotion, are provided training opportunities preparing them for the next level of the organization. Developing the next generation of leaders should start with capable and interested employees of the organization. • Consider sending POPD member(s) to a less -lethal and/or defensive tactics instructor training. • Develop a non -lethal training program for all officers. All officers carrying non- lethal tools must receive training on the use of each tool at least every two years (and preferably on an annual basis). • Provide officers with annual defensive tactics training. Consider incorporating scenarios that require officers to transition between weapon platforms. • Provide officers with patrol procedures training on a regular basis (traffic stops, high risk stops, building searches, etc.). • Ensure all sworn officers participate in annual training on the agency use of force and deadly force policies. Often, these policies are covered at defensive tactics or firearms training. Lexipol offers Daily Training Bulletins (DTB's) that can be used to fill training gaps in this area. CHAPTER 12 — PERFORMANCE EVALUATION 12.1 * The agency has an evaluation policy that requires formal written review of the work performance of each employee and is conducted annually. Purpose: To ensure that regular evaluations of employee performance take place that includes identification of levels of performance, supervisory responsibility, and disposition of completed evaluations. 12.2 The agency has a system for evaluating the performance of all probationary employees. Observations: Performance evaluations are a valuable and essential component of any professional, contemporary law enforcement agency. The evaluation process provides a means by which employees can hear about their strengths and challenges and of any performance deficits needing improvement. It can also provide a means to reinforce the supervisor and subordinate relationship, promote career development, and offer a vehicle for career development. For any evaluation system to be effective, the process must be fair and consistent. Employees must expect that their performance will be evaluated on an annual basis and that the evaluation process will accurately reflect the performance. The current POPD evaluation system is a numerically based system where employees receive a total score based on performance in job related performance dimensions. Page 48 of 78 SHERIFFS A POLICE CHIEFS Employees report that they believe the system was adopted by previous chiefs from their former agencies outside of Washington, and find that the system is convoluted and outdated. A positive attribute of the system is that each POPD job class position has their own (general) evaluation performance dimensions. It appears that administration, or an outside source, has identified which rating dimensions apply to specific positions in the organization. For example, a grave shift officer has rating dimensions for crime control and management and a records management specialist has rating dimensions for supervising the service desk and building management. The assessor was provided with numerous resource documents, and evaluation templates for POPD positions, but throughout the assessment, was unable to clarify the system or rating criteria. Chief Brown has assembled a work group to reconstruct the POPD evaluation system and process that is led by Sgt. Donna Main. Sgt. Main reported that she has recently attended training on evaluation systems and delivery but believes she may be the only supervisor that has received this training. As part of the review of this chapter the LEMAP team interviewed officers, civilian employees and both commissioned and civilian supervisors. All employees were in consensus that the current evaluation system is highly complex and confusing. Chief Brown reports that the current evaluation system has linkages to local civil service rules, which the LEMAP team finds unusual. Until recently, all employees were evaluated on their anniversary date with POPD, requiring research or tracking of those hire dates by supervisors and adding an additional component to the complex evaluation process. Chief Brown reports that POPD is moving to evaluation time frames that mirror the City's fiscal year of January Pt to December 31 st, with all evaluations being due on June 1. The majority of employees reported that they are not current in the evaluation process. Some employees report that they have received an evaluation within the past year and are now due, others report that the last evaluation they received was in 2016. The majority of officers reported that the delivery of performance evaluations has been highly inconsistent over the years in both content and timeliness. Some officers reported that if assigned to a split shift, where they are assigned two supervisors, it was not uncommon to have only one sergeant contribute to their evaluation. Both supervisors that were interviewed indicated they are currently working on overdue evaluations. POPD General Order (GO) 1415 requires annual evaluation of employees. Consistent and relevant evaluation of probationary employees is one of the most important management responsibilities of any organization. The probationary period is generally viewed as an extension of the hiring process. Most police organizations operate effective field training programs (FTO) evaluating the performance of student officers daily. The San Jose FTO model (which POPD operates under) requires daily observation reports (DOR) when the student is under supervision of an FTO, monthly observation reports (MOR) when supervised by a field supervisor (normally a sergeant) and an end of probation evaluation, authored by a command officer, recommending permanent retention or release. High functioning police organizations operate under a similar review system for civilian employees with evaluations less frequent during the probationary period that commissioned officers. Officers report that POPD does a good job with DOR's, but Page 49 of 78 SHERIFFS A POLICE CHIEFS MOR's and end of probation recommendations do not occur. Although it has been years since POPD has hired a probationary civilian employee, the same probationary evaluation lapses exist with civilian employees. GO 1415 requires new employees and new promotions to be evaluated at 6 months and at the end of the probationary period. Recommendations: • Provide training for all supervisors on development and delivery of performance evaluations. • Continue the process of remodeling the POPD evaluation system, process and instrument. Consider the following when managing the process: o Involve a cross section of the agency in this process, including civilian staff members. o Construct performance metrics specific to each classification or position. o Avoid a subjective letter or numerical grading system o Require clear and concise narrative to support a rating conclusion. o Limit the number of rating areas, and their performance criterion, to no more than 4-6 areas per position. o Install a six-month meeting between the supervisor and employee to provide a performance check in and to avoid surprises. o Consider command level approval or (at least) review of the evaluation before it is delivered to the employee. • Ensure probationary officers receive MOR's and an end of probation review with recommendation; civilians should be evaluated at least once during probation and also receive and end of probation review. CHAPTER 13 - CODE OF CONDUCT 13.1 The agency has a code of conduct that provides clear expectations for all employees and includes guidelines for speech, expression and social networking. Purpose: To establish professional guidelines for all employees that provide consistency and conformity of appearance and operation, minimize or eliminate conflicts of interest, and comply with legal mandates. 13.2 The agency has a policy prohibiting sexual and any other forms of unlawful or improper harassment or discrimination in the work place. The policy provides guidelines for reporting unlawful or improper conduct, including how to report if the offending party is in the complainant's chain of command. The policy includes "whistleblower" protection. Purpose: To prevent discriminatory and/or harassing practices and ensure conformance with Title VII of the Civil Rights Act of 1964. 13.3 The agency has a policy prohibiting biased -based profiling, which also has been known as "racial profiling." Page 50 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS Purpose: Biased -based profiling, which also has been known as racial profiling, is any traffic stop, field contact, vehicle search, asset seizure/forfeiture, or enforcement action based solely on a common trait of a group. Common traits include, but are not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, or cultural group. 13.4 The agency has written policy and procedure for responding to and investigating allegations of domestic violence involving employees of law enforcement agencies. Purpose: To establish clear procedures, protocols and actions for investigating, reporting and responding to domestic violence involving agency employees and law enforcement officers from other agencies and to thereby discourage and reduce acts of domestic violence by sworn law enforcement personnel. (RCW 10.99.090) 13.5 The agency has written policy governing disclosure of potential impeachment information to prosecutors involving police employees who may be called to testify under oath. Purpose: To comply with Brady v. Maryland and U.S. v. Olsen regarding law enforcement's duty to provide potentially exculpatory or impeachment information to prosecutors, including information that is discovered during the course of an ongoing investigation. 13.6 The agency has an alcohol and drug use policy, or language contained in local collective bargaining agreement(s) that addresses drug and alcohol use, and includes language that covers testing of employees suspected of drug and/or alcohol where the employee's fitness for duty is questioned. Observations: Whether written or communicated informally, a code of conduct defines behavior expectations for all employees of an agency. While such codes do not prevent inappropriate behavior, they do provide employees with legal and ethical guidelines that will influence their performance and commitment to the agency they serve. In today's law enforcement environment, this is especially critical, as agencies strive to establish stronger ties to the communities they serve, strengthening public trust. The public demands accountability, current and best practices in training, and transparent and proper reporting of misconduct. The Port Orchard Police Department is operating under an older general orders manual that addresses "Standards of Conduct" (1420), "Code of Ethics" (1425), and "Racial Profiling" (1427). Port Orchard is a new Lexipol client, so these three topics may be consolidated into one policy in the future. The addition of about twelve hours of online training on various topics ranging from implicit bias to workplace harassment have been assigned to all members of the department. POPD employees will also be attending "Implicit Bias" training on October 18. During the LEMAP team's interviews, employees reported a general belief that a code of conduct policy existed. New employees are required to review the POPD code of conduct Page 51 of 78 SHERIFFS A POLICE CHIEFS upon entry into the agency, but most do not ever refer back to it unless they are required to do so, or in the event of a possible conduct violation. Other officers presumed that guidance about employee conduct may come from Human Resources policy. Administrative Services employees indicate that they have been largely ignored as far as training or information related to workplace issues and/or code of conduct. Officers and civilian staff expressed certainty there were policies related to speech, expression, and social networking, sexual or other forms of unlawful harassment, biased - based profiling and drug and alcohol use. GO 1420 has comprehensive language covering a wide range of conduct including the use of intoxicants in section 29. GO 1960 covers constraints involving the use of social media and GO 1450 (3) covers jewelry, accessories and tattoos. Along with documents for their annual evaluations, officers submit a specific form indicating whether they have been a victim of, or have observed or witnessed behavior concerning, "...allegations of domestic violence involving employees of law enforcement agencies." Port Orchard General Orders policy number 1620, section G and H, refers to Law Enforcement Employee Involved in Domestic Violence. This policy is a departure from the Washington Model Policy that was adopted at the direction of the legislature and approved by the WASPC membership. One of the officers acknowledged they know they are to notify a supervisor in case of an incident but had neither observed or witnessed any incident requiring reporting, and so were not aware of the specific language of the policy. Employees were also not aware of specific policy language regarding the department's requirement to disclose potential impeachment information to prosecutors, also known as "Brady" information. This may be because policy, or GO's, don't exist. Most officers interviewed indicated they were familiar with the concept. Officers were sure the agency has an alcohol and drug use policy but were unsure if there was language covering testing employees suspected of drug or alcohol abuse. Most indicated that if an officer were to report for duty smelling of alcohol, they should probably expect to at least be subject to a breathalyzer test. GO 1270 refers to a drug free workplace and services offered to assist those who may need access to them. GO 1420 (29) c specifically refers to agency actions when an employee is suspected of consuming alcohol. All employees interviewed by the LEMAP team projected conscientiousness in spite of not having read the general orders in many years. The adoption of the Lexipol policy product will allow the agency to consolidate most code of conduct expectations in one section. Recommendations: • Update and ensure that all employees are clear on the agency expectations regarding the POPD code of conduct. • With the adoption of Lexipol, update all sections that define expectations for employee code of conduct to ensure they align with the contemporary values of the organization. Where possible, consolidate all code of conduct policies under one section. Page 52 of 78 SHERIFFS A POLICE CHIEFS • Update the POPD policy covering law enforcement involved domestic violence. Consider the WASPC model policy on this topic https://www.waspc. org/assets/ProfessionalS ervices/modelpolicies/waspc_model_ policy-oidv-final.pdf . • Provide updated policy review, and consider refresher training, for all POPD employees on workplace harassment. • Install policy, and provide a review to all officers, regarding the department's responsibility to provide exculpatory or potential impeachment information to local prosecutors. • Deconflict agency policy and the officer/sergeants collective bargaining agreement regarding drug/alcohol use. Include language that guides the department on testing employees suspected of being under the influence of either substances. CHAPTER 14 - INTERNAL AFFAIRS 14.1 The agency requires the documentation and investigation of all complaints of misconduct or illegal behavior against the agency or its members. Purpose: To establish procedures for the reporting, investigation, and disposition of complaints received against the agency or any employee of the agency. 14.2 The agency identifies which complaints supervisors investigate and which types of complaints are investigated by an internal affairs function. 14.3 The agency has procedures for relieving an employee from duty during an internal investigation. 14.4 The agency has a policy where complainants are provided with notification concerning the disposition of their complaint. 14.5 The agency maintains records of complaints and their dispositions in accordance with Washington State Retention Guidelines. Purpose: To ensure the agency retains complaint/disposition records for at least the minimum retention period appropriate for any particular complaint category. Observations: A Police Department has a duty to ensure its employees act lawfully, ethically and in accordance with the agency's policies. The internal affairs function is responsible for re- ceiving and investigating any allegations of misconduct made against a member of the Department. An effective internal affairs process ensures that any allegations of misconduct made against a member of the department are heard and handled effectively, sustained misconduct is dealt with appropriately and that an officer is protected against false accusations. This requires fair, thorough, accurate, and impartial investigations. Page 53 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS Prior to this LEMAP review, Chief Matt Brown implemented a procedure to review and analyze incidents such as use of force, collisions, pursuits, bias -based policing and complaints. Chief Brown maintains and tracks these incidents by way of a spreadsheet. Final dispositions are noted on this tracking spreadsheet. General Order #1430 (Internal Investigations) guides POPD members related to complaints and internal investigations. When a complaint or allegation is lodged against a member, a the agency must categorize the seriousness as a "Level 1" or "Level 2" complaint. Level 1 complaints are allegations of serious misconduct and are investigated by the Deputy Chief or a person designated by the Chief of Police. Those are classified as internal affairs and administrative investigations. At the completion of the investigation, the Chief of Police makes the final decision related to the disposition of the allegation as well as any corrective action and/or discipline. Discipline is documented on a Personnel Action Report (PAR) form. Level 2 complaint are minor in nature and are investigated by the employee's supervisor. Supervisors document the allegation or complaint on an Employee Incident Report (EIR). If the complaint is deemed a Level 2, the supervisor documents the investigation on this form and submits it to the Deputy Chief for review and findings. The complaint is then forwarded to the Chief of Police for a final review and acceptance of the findings. If the Level 2 complaint leads to employee counseling or "education", it is noted on this EIR form and delivered to the employee's personnel file in Human Resources. General Order #1430 indicates, "The Chief of Police is responsible for the safekeeping, maintenance and retention of Internal Affairs files and records... " and "The department shall comply with all provisions of labor agreements concerning the maintenance and retention of Internal Affairs records... " LEMAP assessors spoke with the Deputy Chief who believed Chief of Police maintained the previous internal affairs and complaint records. Chief Brown told assessors he was not aware of the location of any internal affairs/complaint records that were developed prior to his arrival. Additionally, he was unaware of any destruction logs related to the disposition of these records. The fact that these records no longer appear to exist, or may be lost, is highly problematic. A POPD officer reported to the LEMAP team that they could petition the Chief of Police to have complaint -related documentation removed from their personnel files after 3 years and described such an event taking place. In December of 2017, the Washington Secretary of State released a new version of the Law Enforcement Records Retention Schedule (LERRS v 7.2). Section 8.3 of the LERRS raised the mandatory retention of records relating to the internal review and investigation of employee misconduct from 3 to 6 years. The Office of the Secretary of State is responsible for assigning minimum retention periods for almost all records generated by law enforcement. Section 8.3 of the LERRS is intended to include records of sustained and non -sustained minor complaints or any supervisory corrective actions. If the POPD is or has destroyed complaint documents that are outside of the LERRS they may be in violation of the Public Records act (RCW 42). Since the arrival of Chief Brown, POPD's current practice of accepting, investigating reviewing and retention of complaints and allegations of misconduct appear to comply with best practices. The LEMAP team found POPD's practice and policies also met the Page 54 of 78 SHERIFFS A POLICE CHIEFS standards of "just cause" required for employment decisions and allows for appropriate "chain -of -command" review, thus allowing for in-depth analysis of the data and a method to identify trends that require intervention. POPD should develop policy language that makes it clear they will accept and investigate all complaints of employee misconduct. A section of their current General Order related to the acceptance of complaints reads, "If the complainant wishes to remain anonymous the supervisor documenting the complaint shall forward the complaint to the Deputy Chief or Chief of Police for disposition. " Often, law enforcement supervisors are reluctant to record complaints against their subordinates, especially when they judge them to be without merit. The LEMAP team acknowledges this method of handling minor complaints can be deeply ingrained in an organizations culture; however, thorough documentation of all complaints is important for several reasons: Identifies Patterns — The road to serious misconduct is paved with minor misconduct. When each instance of minor misconduct is properly documented, repeated incidents can be recognized as patterns that need to be addressed. When minor misconduct is immediately corrected, it can prevent the behavior from developing into a serious problem that could end an officer's career. A hypothetical example is the officer who routinely drives too fast. When the officer is inevitably involved in a serious collision, co-workers are not surprised since the officer had a reputation for and history of poor driving. Complaints about the officer's driving went undocumented. Supervisors missed or ignored warning signs. Had intervention taken place early, the serious collision could have been avoided. Filtering - Some supervisors may suppress or under -report complaints. Consequently, leaving the administrative staff in the dark about minor issues until they grow into larger problems. Documentation of every complaint, even those considered minor, provides a second check of the supervisor's decision making and avoids claims of inconsistent supervision. Requiring the documentation of "all complaints", including minor ones, provides a bright line to supervisors. Measure Improvement - Employees tend to perform to standards that are monitored. An officer who tends to be abrasive but is shielded by a friendly supervisor's filtering (see above), has less of an incentive to change the behavior. Supervisors that are reluctant to change old habits may often represent deeper leadership challenges that, once revealed, are highly destructive to public trust and professional standing within the law enforcement community. These individuals may have been promoted and not successfully transitioned from line officer to supervisor and are a significant threat to the organization. The LEMAP team encourages Chief Brown to ensure his supervisors understand the above listed points surrounding their important role when screening complaints involving allegations of misconduct. POPD does not have a policy for placing an employee on administrative leave. GO 1155 mentions "paid administrative leave" in the context of Critical Incident Employee Assistance. Page 55 of 78 SHERIFFS A POLICE CHIEFS In an effort at projecting professionalism through responsible investigations, all complainants should be notified of their complaint status periodically during the investigation, particularly if the investigation is protracted, and when the investigation is completed. POPD does not have policy or GO's that require supervisors to notify complainants of the disposition of their complaints. Supervisors report that complainants are normally notified of the disposition by phone. On the surface, this appears more personal and may be satisfactory. But phone calls are informal and do not adequately document the content should the complainant raise a concern. Moreover, formal documentation raises the level of professional handling of the complaint and validates internal processes. Recommendations: • Train all supervisors in the intake, initial screening, and potential investigation of citizen complaints. • POPD supervisors and other city officials should familiarize themselves, or attend training, covering the LERRS. Fines and penalties are extreme and per the RCW are intended to deter future violations of the Public Records Act. • Begin the practice of maintaining law enforcement records (specifically complaints and internal investigation files) in accordance with the LERRS. • Develop policy language that makes it clear POPD will accept and investigate all complaints or allegations and instill the importance of this concept with agency supervisors. • Notify all complainants in writing of the final disposition of their complaint. • Implement a policy or procedure for relieving an employee from duty during an internal investigation. Page 56 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS SECTION II OPERATIONAL STANDARDS Page 57 of 78 SHERIFFS A POLICE CHIEFS SECTION II -OPERATIONAL STANDARDS CHAPTER 15 — PATROL FUNCTION 15.1 The agency provides response to emergency events 24/7 by sworn employees who have completed Basic Training per the Washington State Criminal Justice Training Commission. 15.2 The agency has procedures for response to emergency and non -emergency calls. Purpose: To provide guidelines for response to calls for service, and to ensure agency responses conform to state law. It is important that law enforcement agencies classify responses for service according to the seriousness of the call. This will provide guidelines as to when emergency lights and siren should be used and the method of response to an incident. 15.3 The agency has written guidelines for the use of authorized vehicle emergency equipment. 15.4 The agency has policies governing the pursuit of motor vehicles that conforms to Washington State law. Purpose: In compliance with RCW 43.101.225 and RCW 43.101.226 and establish clear direction on the initiation and conduct of police pursuits that includes on -going training requirements and a review/analysis processes (WASPC model policy). 15.5 The agency has procedures for investigating vehicle collisions on public and private property and uses the current Washington State Patrol authorized accident reporting, or e-reporting (SECTOR), forms. Purpose: To ensure that traffic crashes are consistently reported and investigated in accordance with the Revised Code of Washington, specifically identifying the type of crashes that require investigation. 15.6 The agency has procedures to take timely action to address hazardous road conditions. 15.7 The agency has procedures for responding to and investigating domestic violence calls. Purpose: To ensure that response to domestic violence incidents meets requirements established by applicable Revised Codes of Washington. 15.8 The agency has procedures for utilizing Public Alert Systems. Purpose: The policy should include Amber Alert, Endangered Missing Person Advisory and Blue Alert. 15.9 The agency has procedures for the handling of mentally ill individuals, including those with pending criminal charges and mental health commitments. Purpose: To provide written guidelines for handling mentally ill persons which are compliant with state laws and provide opportunity for the appropriate evaluation and treatment of mentally ill persons. Page 58 of 78 SHERIFFS A POLICE CHIEFS 15.10 The agency has a policy that addresses referral of subjects to a mental health agency after receiving a report of threatened or attempted suicide Purpose: To comply with RCW 71.05.457. 15.11 The agency has policy(s) covering eyewitness identification including the presentation of photo arrays and physical lineups. 15.12 Agency has policy and provides training on the service of protection orders, Extreme Risk Protection Orders (ERPOs), and orders to surrender weapons. Policy directs personnel to attempt service within 24 hours of receipt of order whenever practicable but not more than 10 days after the agency has received the order (RCW 7.94.060). Observations: The oldest and most basic function in law enforcement is the patrol function. Patrol officers are the `backbone' of an agency. How they respond to any given call for service or citizen contact will shape a department's reputation and either build or erode trust between the department and the citizens they serve. Policies supporting patrol should define best practices, provide for community relations and expectations, address appropriate supervision, and reflect current and relevant case law. POPD provides 24/7 police response by sworn officers who have completed the Washington State Criminal Justice Training Commission basic training requirements, found in Lexipol policy 101.1, `All sworn officers employed by the Port Orchard Police Department shall receive certification by CJTC prior to assuming law enforcement duties and responsibilities, and shall begin attending an approved academy within the first six months of employment (RCW 43.101.095(1); RCW 43.101.200(1)). Successful completion of basic training is a requisite to the continuation of employment. As a condition of continuing employment, all sworn officers employed by the Port Orchard Police Department shall maintain the basic certification as peace officers as required under RCW 43.101.095(1)(b). POPD provides 24/7 coverage (general order 1030) by deploying five-8-hour shifts, except grave shift officers, who work four-10-hour shifts. The department has 23 total commissioned staff, including the chief, deputy chief, three sergeants, one full time detective, and one full time school resource officer (SRO). The SRO moves to a graveyard shift when school is not in session. Kitsap County 911 serves as their communication center and employees interviewed reported a positive working relationship with surrounding agencies. POPD general order 1610 governs emergency response protocol for both code and non - code calls for service; 1. Non -Code: Routine non -emergency response. Officers will obey traffic laws while responding without unnecessary delay. Emergency signaling equipment will not be used. 2. Code: Urgent/emergency response. Officers will respond immediately. Officers will respond using emergency lights continuously. Officers will use the siren Page 59 of 78 m &*wan= so SHERIFFS A POLICE CHIEFS whenever violating traffic control devices, and at other times as needed. When responding Code, officers shall drive with due regard for the safety of all persons. This policy is consistent with RCW 46.61.035 and WAC 204-21-130.Officers have a good understanding of this policy. Port Orchard operates under a comprehensive pursuit policy, which was recently adopted as part of the Lexipol update under policy 307. The policy provides guidelines to protect the safety of all involved officers, the public and fleeing suspects as is required by law (RCW 43.101.225-226). Employee interviews at all levels revealed an understanding of the intent of the pursuit policy. Employees reported they have a liberal policy and can pursue `for anything,' although they have to use `care and caution.' Policy language states, 307.3.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect, who has been given an appropriate signal to stop by a law enforcement officer, is attempting to evade arrest or detention by fleeing in a vehicle. However, just above the `when to initiate a pursuit' is language that includes: 307.1.2 FELONY CRIME OF VIOLENCE For the purpose of this policy, felony crimes of violence include: (a) Murder I - RCW 9A.32.030 (b) Murder 2 - RCW 9A.32.040 (c) Assault I - RCW 9A.36.011 (d) Drive -by Shooting - RCW 9A.36.045 (e) Kidnapping I - RCW 9A.40.020 (fJ Rape I - RCW 9A.44.040 (g) Rape 2 - RCW 9A.44.50 (by forcible compulsion) (h) Rape of a Child I - RCW 9A.44.073 (i) Arson 1 - RCW 9A.48.020 (to an occupied building) 6) Burglary I - RCW 9A.52.020 (k) Robbery I - RCW 9A.56.200 (1) Malicious Placement of an Explosive - RCW 70.74.270 The fact that an officer had to move from the path of a fleeing vehicle does not, by itself, constitute an assault or attempted murder for the purposes of this policy. The above language outlining felony crimes of violence is only found in this section and isn't addressed anywhere else in policy. Policy requires `available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department.' Employees reported if no supervisor is on duty during a pursuit, the senior officer in charge becomes the supervisory officer. As mentioned in chapter 4, senior officer oversight of critical events (such as a pursuit) is highly problematic. Page 60 of 78 SHERIFFS A POLICE CHIEFS POPD officers participate in j o in t training with other agencies every two years which includes a mock pursuit, pursuit intervention technique, and stop stick training. The pursuit policy is reviewed during this training as well. A sergeant indicated that after a pursuit, the officer completes the top portion of the `Police Vehicular Pursuit Letter,' which also contains a section for supervisory review. This report is forwarded to the deputy chief who reviews the officer actions during the pursuit and may make recommendations to the chief. Policy language indicates training will occur, `no less than annually,' and the policy review section requires `...Officers of this department shall certify in writing that they have received, read and understand this policy initially, upon any amendments and whenever training on the policy is provided.' The assessor was unable to locate any paperwork in the personnel files that showed this had been done. An annual audit of pursuits had not been done by the previous administration, but Chief Brown indicated one will be completed at the end of 2019. General order 1810 covers motor vehicle collision investigations including for investigation of private property, public highway, serious injury/fatality, hit/run collisions, and accidents involving department vehicles. The agency currently reports using the Washington State Patrol authorized accident reporting, or e-reporting (SECTOR). Most officers utilize SECTOR when issuing citations, but employees reported certain officers still issue paper citations. GO 1810 (K) directs collisions involving department vehicles operated by department employees will be reviewed by the department's safety committee. Employees interviewed were not aware of this committee. Response to hazardous road conditions are covered under general order 1860. Policy doesn't identify who to contact should a road hazard exist, but employees reported any emergency roadway hazards are reported to dispatch, where the public works on -call list is maintained. Employees reported they will typically respond to any incident within 20-30 minutes. State Department of Transportation will also respond at times if an incident occurs on one of the two highways with the city limits. General Order 1620 addresses both domestic violence and officer involved domestic violence policy and procedures. Employees indicate an understanding that domestic violence calls have the potential to be very volatile situations and there is an elevated need for increased officer safety. Employees stated officer -involved domestic violence calls would be treated like any other domestic violence call, but they would notify a supervisor in addition to normal protocol. Employees reported domestic violence calls require a two -person response. Officers use their department -issued smartphones in the field to photograph injuries and property damage. They print the photos, attach them to the case and copy them onto a CD, which they submit into evidence. Employees reported they complete supplemental reports (smith affidavit) and provide victims with a pamphlet that contains community resources and advocate information. Amber Alert procedures are covered under policy 1730, Missing Persons. No policy or procedures could be located for Blue Alert, Silver Alert/Endangered Missing Persons. Part of the Missing Person's policy states, `When a child under the age of 12 has been reported missing and is not located within 2 hours (or prior to nightfall), the officer should contact a supervisor who will arrange for additional assistance in searching and conducting follow- up.' This is contrary to best practice. Employees were not familiar with the different alerts Page 61 of 78 SHERIFFS A POLICE CHIEFS and reported they would contact a supervisor or dispatch if they determined a situation required an alert. Employees did report a great working relationship and response with the search and rescue team, who have responded multiple times to elderly citizens who have wandered from memory care facilities. Port Orchard has detailed policy related to handling individuals experiencing a mental/emotional event, including local resources and options. POPD is extremely fortunate to have a Behavioral Health Navigator, Melissa Stern, assigned to them through a City of Poulsbo-based program. She has been with the department for over a year and assists law enforcement with mental health and suicide referrals. She makes the connection between the individual needing assistance and the appropriate treatment and/or service providers. She rides with officers in the field every other Tuesday and is able to assist with crisis calls in the moment if needed. Employees were consistent in reporting how they responded to and handled involuntary commitments. Suspect identification and interrogation are covered under GO 1770. General guidelines are available, but it is essential the agency adopt evidence -based eyewitness identification best practices that protect the department, the prosecutors, and the public from eyewitness misidentifications and possible wrongful convictions. Employees had a good understanding of how they conduct one -on one (1:1) identifications as well as how they develop photo montages including using I-LEEDS for developing a montage. Employees reported using the Pre -and Post -Photographic Line-up Admonishment/ Statement form. Employees reported that they do not conduct physical line-ups. Lexipol Policy 340 covers Extreme Risk Protection Orders. Employees interviewed reported that they received training in a legal update that the prosecutor's office conducted, but employees did not have a clear understanding of the proper response should the need for one arise. Records staff had only read the house bill and had not yet had formal training. Port Orchard's marine patrol program is managed by the graveyard sergeant. Officers reported you must apply for and go through a selection process to become a marine officer, of which four are currently assigned. There is a requirement to have two officers on board the vessel; one of which must be certified. The City of Port Orchard also provides marine services to the City of Bremerton through a Memorandum of Understanding. There is no formal marine schedule for the season but marine coverage occurs when staffing is sufficient. The marine unit places an emphasis on conducting vessel inspections, which the assessor was able to confirm with state parks. A marine officer reported he was unaware of the annual training Washington State Parks requires every year. Employees reported if a marine certified officer was not on shift during a water related event, they would contact the military or the Kitsap County Sheriff's Office to respond. Crime prevention and community relations is covered under policy 1140. Employees interviewed reported low participation of community involvement with campaigns such as National Night Out, Coffee with a Cop, and Neighborhood and Business Watch. Page 62 of 78 SHERIFFS A POLICE CHIEFS Recommendations: • Modify pursuit policy to clarify when a pursuit can be initiated. If only allowing pursuits for felony crimes of violence, change the `when to initiate a pursuit' criteria. Otherwise, omit the felony crimes of violence section. • Update pursuit policy to reflect that training will occur every two years instead of annually. • Consider requiring all officers use SECTOR for collision reporting. This would streamline the reporting and approval process for sergeants as well as for records management. • Update General Order 1810 to address the reference of the `department safety committee.' • Develop a comprehensive policy and provide in-depth training on public alerts. These are high risk, low frequency events that can forever change an agency. Consider sending the Chief to the National Center for Missing and Exploited Children CEO conference. This training is provided free of charge and can assist agencies with developing policies and procedures, as well as outlining resources that can be utilized in the event of a missing or abducted child. • Update General Order 1620 that covers law enforcement employee domestic violence incidents. Consider adopting the WASPC model policy that was introduced in 2004. Omit any reference to `persons of influence' in this policy. Ensure officers receive up-to-date training under the new laws that requires law enforcement to seize firearms at a scene of domestic violence (HB 1760.) • Provide training to all affected employees on Extreme Risk protection orders. Adopt the Lexipol policy language on this topic with attention to the required time frame of serving these orders. • Create written procedures for uploading photographs and audio/ video recordings directly to the records management system. This would save a large amount of time and assist the agency with going `paperless.' • Add language to general order 1640 to include the report of threatened or attempted suicide will be forwarded to a mental health agency (in order to comply with RCW 71.05.457.) • Educate sergeants on the importance of community relations. Develop an operations plan, with clear expectations, addressing how to build relationships in the community as well as assigning specific neighborhoods or programs to officers (National Night Out, neighborhood watch, community meetings etc.) • Consider creating and implementing a social media plan for the agency that can assist with community relations. Having a social media presence can benefit the Page 63 of 78 SHERIFFS A POLICE CHIEFS department and community in several ways. It helps build a trusting relationship between the department and citizens by engaging with each other. It also provides a forum for citizens to ask questions and staff to share crime prevention tips as well as seek assistance in criminal matters. • Consider formalizing a marine schedule for the season and utilize overtime provided through the federal grant (if obtained) to provide additional community outreach, public education, overtime vessel emphases, as well as boater education courses. • Ensure marine officers are up to date on their annual currency training as required by Washington State Parks. CHAPTER 16 —INVESTIGATIVE FUNCTION 16.1 The agency utilizes a case management system for screening and assigning incident reports for follow-up investigations. 16.2 The agency has written guidelines for investigating elder abuse. Purpose: To identify the role of agency members in the prevention, detection, and intervention in incidents of elder abuse, and ensure that mandatory state reporting requirements are completed within specified guidelines. 16.3 The agency has written guidelines for investigating child abuse. Purpose: To provide guidelines and procedures for timely reporting and investigating of suspected child abuse in accordance with the Revised Code of Washington (RCW 26.44.030). The procedures should include the taking of minor children into protective custody. 16.4 The agency requires that interviewers of child victims of sexual abuse cases have received the mandated training from the Washington State Criminal Justice Training Commission. Purpose: The Washington State Legislature has determined that each county shall revise and expand child sexual abuse protocols, to include child fatality, child physical abuse, and criminal child neglect cases (RCW 43.101.224). 16.5 The agency has written guidelines for investigating hate crimes. Purpose: To provide guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or bias. 16.6 The agency has written guidelines for investigating identity theft. 16.7 The agency has policies and procedures governing the use of informants. 16.8 Victims and witnesses are interviewed in locations that are separated by sight and sound from the public areas of the facility. 16.9 Persons with a vested interest in property and evidence are provided the legal reason for the seizure and intended forfeiture as defined by state law. The agency has procedures for notification, appeal and disposition. Page 64 of 78 SHERIFFS A POLICE CHIEFS Purpose: To establish guidelines for agency personnel to ensure applicable state and legal procedures are followed, (i.e. drug cases, money laundering cases, DUI's etc). 16.10 The agency has clearly defined deconfliction procedures in place when conducting felony level investigations that pose greater than normal risk to officers, citizens and/or property. Purpose: To enhance officer safety and efficiency of criminal investigations by consulting with established information clearinghouses, such as the Western States Information Network (WSIN), prior to execution of high -risk criminal investigations to ensure multiple agencies are not targeting the same criminal enterprises. Observations: The investigative function of a law enforcement agency performs the important task of following up on cases which cannot be adequately handled by the patrol officer on the street. POPD currently staffs one detective position to perform this function. The day shift patrol sergeant supervises the position. Prior to Chief Brown's arrival in July of 2019, the former chief removed two experienced detectives and replaced them with the current detective, Andy Brandon. POPD officers utilize their records management software's (I -LEADS) "Case Management" module for case assignments and status. When assignments are made, the administrative staff makes the assignment in the Case Management module. In addition to this module, the detective maintains and updates an excel spreadsheet for the purposes of case tracking. This spreadsheet tracks cases assigned to him and allows for managing the status of investigations as well as the disposition of cases. This is an adequate measure for purposes of tracking case assignments for Detective Brandon but the LEMAP team questions whether there is adequate supervisor oversight of Brandon and appropriate oversight of cases under investigation by patrol officers. The current detective supervisor (Sergeant Jason Glantz) is also the day -shift patrol supervisor. In addition to day -shift supervisory coverage, and supervision of Brandon, Glantz is also tasked with training management for POPD and various other tasks that are delegated to him from either the chief or deputy chief. This level of responsibility appears to be considerably more than what is assigned to any other supervisor or commander and needs intervention. Chief Brown is aware of this disparity and is taking steps to shift responsibilities to other supervisors. Standard 16.2 requires a policy or procedure for investigating elder abuse. POPD does not currently have a policy in this area. POPD investigators should have some guidance and direction when there is reasonable cause to believe that abandonment, abuse, financial exploitation or neglect of a vulnerable adult has occurred. Policy should also provide detailed guidelines for reporting and investigation of these cases. Child Abuse is covered under General Order # 1725 and provides guidance on investigating suspected child abuse and taking minors into protective custody. Interviewers of child victims of sexual abuse cases must receive mandated training from the Washington State Page 65 of 78 SHERIFFS A POLICE CHIEFS Criminal Justice Training Commission. POPD meets this requirement, as they utilize trained child interviewers through the Kitsap County Prosecutor's Office's Special Assault Unit where children are interviewed by trained forensic child interviewers. POPD's Hate Crimes policy (General Order #1735) is outdated, vague and offers no recommendation on how often, if at all, the officers will be trained on the topic. Identity theft is covered under General Order #1737 and requires officers to take a report in all cases where the victim resides within the City of Port Orchard, or where any part of the crime occurred within Port Orchard's jurisdiction. RCW 43.43.760 provides for local law enforcement agencies to take fingerprints of identity theft victims and forwarding them to the Washington State Patrol (WSP). The WSP will then issue the victim a letter that can be presented to businesses or institutions where the suspect used the victim's identity. POPD GO's are absent any language on fingerprinting identity theft victims. POPD does have a policy governing the use of informants (GO 1750). However, LEMAP assessors were told the agency generally does not use informants. POPD does have access to "investigative funds", if needed, but these funds are not maintained in the form of cash at the department and are held in a bank account. Guidance for accessing and utilizing these funds are outlined in General Order #1755. This policy requires this fund to be audited quarterly. Deputy Chief Shuster reports an audit of these funds was conducted recently. POPD has an interview room where they can privately interview victims, witnesses, and suspects. This interview room is adequately separated by sight and sound the public area of the building. POPD's General Order (#2010 — Property and Evidence) includes a section titled, "Property Seizure Policy and Procedure." This section is less than one page in length and provides little guidance for the procedures related to asset forfeiture. The process for notifying a person that their property is subject to seizure is covered in the policy but there is no guidance related to the appeal procedure or the disposition of seized property. POPD supervisors provide little oversight of the seizure/forfeiture process and that function is left to the officer initiating the seizure and an administrative assistant. Most of the staff is aware of the form used to provide notice of a seizure to the person being served (either by personal service or by certified mail). However, none of the officers interviewed were aware of the appeal process. Moreover, POPD has not identified a hearing examiner should the need arise to hold such a hearing. If POPD is initiating asset forfeitures, these are alarming shortfalls given the current attention to asset seizure laws by the Washington legislature. Litigation and shifting public opinion are challenging the asset forfeiture process across the country. Critics characterize asset forfeiture as "policing for profit" and a process which incentivizes seizures. Washington State has seen several proposed bills before the legislature that would fundamentally limit asset forfeiture. Police agencies should expect increased scrutiny and legal challenges to their seizure efforts. Given the current legislative pressure on Washington's asset forfeiture laws, POPD should consider implementing improved and more comprehensive policy language related to asset forfeiture. Page 66 of 78 SHERIFFS A POLICE CHIEFS Additionally, the entire process should include supervisor oversight and the agency should implement a plan for prosecutorial support and the use of an independent hearing examiner if the need were to arise. POPD does not have a policy or procedure related to Case Deconfliction. LEMAP assessors asked several people in the department about deconfliction and most were unfamiliar with the term. Recommendations: • Ensure supervisors are involved in the decision to investigate, case oversight and particularly the decision to close any active investigation. • Develop an Elder Abuse policy and ensure that all officers have received training related to these investigations. • Update current hate crimes policy and ensure hate crimes training is periodically provided to all officers. • Edit the language in the identity theft policy to make taking a report mandatory. Consider adopting the WASPC model policy to guide investigation of these cases. • Establish processes for victims of identity theft to provide fingerprints and forward them to the Washington State Patrol so that their identity can be validated and preserved. • Completely restructure the POPD asset forfeiture policy. Until the policy is updated, and training, structure and oversight guidelines are in place, discontinue all asset seizure unless approved by the Chief. • Ensure the city treasurer has made the required 10% remittance to the state treasurer on recent seizures and that documentation related to quarterly and annual reports to the state is current. • Identify an independent hearing examiner for asset forfeiture cases. Even though allowed by the RCW, this examiner should not be a current member of or associated with law enforcement. • Develop a policy on case deconfliction and train officers on methods of conducting such a check using WSIN or HIDTA. CHAPTER 17— EVIDENCE & PROPERTY CONTROL FUNCTION 17.1 The agency has procedures for the proper collection and identification of evidence and property consistent with the Washington State Patrol Crime Lab guidelines. Page 67 of 78 SHERIFFS A POLICE CHIEFS Purpose: To establish written guidelines for agency personnel that ensure evidence and property are properly collected, handled and secured in field operations in order to maintain the integrity of the chain of custody. 17.2 The agency has policies requiring efforts are made to identify and notify the owners, or custodians, of property and evidence in the agency's custody. 17.3 The agency has a policy that requires property and evidence is placed under the control of the property and evidence function before the officer completes their shift. Purpose: To establish guidelines for agency personnel to follow that prohibit property from being stored anywhere other than under the control of evidence section upon the completion of their shift. 17.4 The agency has the means to temporarily separate and secure property and evidence while it is waiting processing into the permanent storage facility. 17.5 The agency has the means to properly preserve and secure perishable property both temporarily and after it is received in the permanent storage facility. 17.6 The agency has the means to temporarily separate and secure evidence containing hazardous materials while it is waiting processing into the appropriate permanent storage facility. 17.7 The permanent storage facility has controls to keep property protected from unauthorized entry, fire, moisture, extreme temperature, and pests. At a minimum, alarms for unauthorized entry and fire must be monitored 24/7. 17.8 The permanent storage facility containing biohazards or organic matter has systems in place to prevent the exposure of hazards and noxious odors to agency employees and the public. 17.9 Access to the agency's property and evidence facilities is restricted to authorized employees only. Purpose: To ensure that access to the property room and/or property/evidence storage area(s) is limited to property room personnel, unless by escort from property room staff or with CEO permission. 17.10 The agency records the name, date, time, and purpose of persons who enter and leave the storage facility who are not assigned to the property/evidence function. 17.11 The agency provides additional security for guns, drugs, cash, jewelry, or other sensitive or valuable property, that is over and above that provided for other property and evidence. Purpose: High liability evidence items must not be comingled with general evidence. 17.12 Evidence and property is packaged, individually tagged and logged into a centralized tracking system as soon as possible. The tracking system must accurately describe the current location of every piece of property and evidence. Page 68 of 78 SHERIFFS A POLICE CHIEFS Purpose: A meaningful records and tracking procedure for the evidence and property system is a requirement for the protection and integrity of the evidence and property in the custody of the law enforcement agency. 17.13 Every piece of property and evidence is related to a report describing the circumstances of the seizure or custody by the agency. 17.14 Drugs are weighed using a calibrated scale whenever they enter or leave the secured facility, unless they are being prepared for destruction. The agency also has processes for the destruction of drug evidence that includes, at a minimum, a visual inspection of the property item to detect possible tampering and weighing of random selections Purpose: Agencies should provide additional processes to ensure that drug evidence is not tampered with prior to destruction. This process and the destruction are witnessed by at least one other person who does not have access to the property room. 17.15 The agency has policies governing the release and disposition of property and evidence in accordance with applicable state law. 17.16 Property containing hazardous materials, biological hazards or other materials restricted by State or local health regulations is disposed of properly. Purpose: To ensure that the disposal of police evidence dangerous waste conforms to standards established by the Washington State Department of Ecology. 17.17 When property is sold, the disposition of the money received is accounted for and recorded according to State law. 17.18 The agency destroys illegal drugs, contraband and other illegal items by methods that are safe. Documentation of destruction is maintained according to the State's retention schedule. Purpose: To ensure that the disposal of police evidence dangerous waste conforms to standards established by the Washington State Department of Ecology. 17.19* The agency ensures that an unannounced audit of evidence and property, including drugs, money, jewelry and firearms is conducted at least annually by personnel not directly in the evidence unit's chain of command. Purpose: Inspections, inventories and audits of the property room are necessary for a secure and reliable system for the evidence and property functions of the law enforcement agency. This provides a means of accountability for the system and ensures agency oversight of the process. The scope of the audit is at the discretion of the CEO. 17.20 A full inventory of sensitive items, to include money, jewelry, drugs and guns, is conducted whenever a change of the Property Room Manager occurs. Purpose: The agency should also consider an audit of general property, in which the scope of the audit is at the discretion of the CEO. 17.21 The agency has procedures to clear eligible property/evidence from the property room. The property room manager will provide an annual written Page 69 of 78 SHERIFFS A POLICE CHIEFS report to the Chief Executive on the number of items cleared during the prior year. 17.22 The agency has policy complying with RCWs 7.94 and 9.41 regarding the acceptance, storage, and release of firearms surrendered to the Department. Purpose: Surrendered firearms are only returned if they are not required to be held, are not prohibited from being released, and are only released to persons who are eligible to possess them. If a firearm cannot be released, the agency provides written notice to the requestor specifying the reasons) the firearm cannot be released within five business days of receiving the request. Surrendered firearms that are unclaimed are disposed of in accordance with agency procedures. 17.23 The agency has policy complying with RCWs 7.94 and 9.41 for notification of family or household members when firearms held pursuant to a court order are released. Purpose: All surrendered firearms must be held in police custody at least twenty-four hours before they are released. Family or household members may use an incident or case number to request notification when a firearm is to be returned. The agency provides notice, when requested, within one business day of verifying the firearms) and respondent in question have met the requirements for release and then the firearm(s) are held in the agency's custody for at least seventy-two hours after notification has been provided. Observations: The security and safety of all property and evidence that comes into care and custody of the Police Department is a crucial responsibility of any organization. The safeguards used by the agency require diligent attention to ensure they meet best practices while preserving the integrity of the agency. This chapter provides a framework for agencies to operate a safe and secure property and evidence function. The POPD property room is primarily staffed by Holly Lindberry who works 28-hours per week as the records/evidence specialist. When Lindberry is on vacation, or needs assistance, two other records/evidence specialists can step in and cover the necessary unit functions. The chain of command for the position is a civilian officer manager, deputy chief, and the chief of police, respectively. Three of the four records/evidence specialists have hard -key access to the property room. Lindberry places her evidence key(s) in a combination safe in the evidence packaging/submission area at the end of each day. This room is accessible by other personnel to package and submit evidence. POPD makes the "Washington State Patrol Crime Lab Guidelines" and an evidence packaging manual available to their Officers. These documents highlight some of the more critical processes to be aware of when submitting property and evidence. Secure temporary evidence lockers are located in a centralized packaging room. There is also an alarmed metal construction building at the National Guard Armory, approximately five minutes, or 1.6 miles away, where the department can temporarily store vehicles they wish to process for evidence. During the LEMAP team's visit Chief Brown indicated that Page 70 of 78 SHERIFFS A POLICE CHIEFS vehicles requiring evidence processing will be going to a secure off -site impound lot managed by the Kitsap County Sheriff's Department in the future. Current General Orders 2010 IV (A) addresses department members placing property under the control of the evidence unit prior to the end of their scheduled shift. Actual practice suggests that if an officer cannot finish processing by the end of shift, that items may be placed in a secure evidence locker and the key "hidden" by the officer until they can return to tag, bag and enter the evidence into the evidence tracking system. This might be accompanied by an e-mail to the evidence specialist. Officers indicate that they have had occasions where they have collected evidence so late in the shift that they do not wish to stay and bag, tag and enter that evidence into the tracking system (Evidence on Q). If an item is to be returned to an officer for correction or handling, the evidence staff member will place it in a combination locker in the evidence packaging/submission room and e-mailed combination code to the officer. The officer will make the correction, and then either place the item back in the combination locker, or into a keyed, secure locker. One officer reported that they are required to input the evidence items twice — once into the records management system, and once into the evidence tracking system. They said their entry will receive Incident -Based Reporting (IBR) errors if they do not enter the evidence into the RMS. Officers were unsure why evidence related to non-IBR-reportable events require RMS entry. Clearly, this process needs to be reviewed and clarified with POPD officers. The agency has the means to separate and secure evidence while it is awaiting permanent storage and the means to secure small perishable items in a table -top refrigerator. Aerosol cans are stored on a shelf in the vault. Vape pens are either stored in metal storage cans, returned as soon as possible or destroyed as soon as possible. Fireworks have not been brought into the facility since 2014 and Lindberry is unsure how they are disposed. The permanent storage facility currently does not have access/key cards, alarms, or video surveillance. The evidence rooms are constructed of concrete walls, floors and ceilings, with fire sprinklers installed. There is no thermostat in the evidence specialist's workspace that allows her to control temperature or humidity. When interviewed during the LEMAP team's visit, Lindberry was wearing knitted no -finger gloves and remarked that it was unusually cold in the property room. She has not seen evidence of any pests. Lindberry serves as the primary evidence specialist and almost always works alone for extended periods of time. Given the design of the property room, it is difficult for other employees to monitor her without actually entering the property room. Installation of a window would allow her to see who is approaching her door and provides transparency in the opposite direction without compromising security. Also, POPD may want to both consider providing a panic -type button or alarm she can access, and access to Narcan, in case of accidental exposure. She has already received one drug item back from the lab that tested positive for fentanyl. The evidence rooms ventilate across the top of the garage bay and dumpster area in the parking lot, and exhaust in the parking lot of the City Hall/Police Department building. This has the potential of venting noxious odors to anyone arriving in the area of the parking lot (police/city employees, refuse contractors and the general public). Page 71 of 78 SHERIFFS A POLICE CHIEFS Lindberry keeps a log in the evidence office that records the name, date, time, and purpose of persons entering the secure area. There is one added layer of physical security for drugs, guns and money, which is in a secondary room within the evidence room, referred to as the vault. Unfortunately, the door to the vault is keyed the same as the outer evidence office/general evidence door and like other parts of the property room is not alarmed. There is a combination safe for holding money and other valuables in the vault, but it only requires a one -person code to enter. Three people have the code to the safe. Every piece of evidence existing on the shelves today is reported to have a report associated with them. Lindberry processed all items that were outstanding during the LEMAP assessment. POPD purchased new scales to weigh narcotics collected in the field. They have had them calibrated, posted signs and provided training to some officers on their proper use. Lindberry oversees controlled substance disposal and typically involves two people that check external packaging for tampering and confirm the manifest list before the items are sent for destruction. Random weighing is not included as part of the process. The destruction process is memorialized via memo and is signed by the two persons transporting the narcotics to their final destination. In the future, the agency will likely transfer substances for disposal to the Kitsap County Sheriff's Department for transport to a facility in Spokane. The agency follows the applicable RCWs for the retention period and returning safekeeping and found property. They also report asset seizures to the Washington state treasurer's office and keep records of city council's authorization for firearms disposal. Some firearms are dissected for destruction and those the deputy chief deems suitable for purchase are sold. The proceeds are then reported to the Washington state treasurer's office. Hazardous materials are taken to the Olympic Transfer Station for proper disposal, and biohazards are picked up as needed by a company called Stericycle. POPD has a contract with Stericycle, but the pick-ups are infrequent and Lindberry normally calls them to request pick-up. The agency has an agreement with Kitsap County to handle their wet and bloody items for air drying and packaging. Lindberry does not have a vehicle available to her to run the errands often necessary as part of the evidence unit functions. The most recent, and possibly the first, full vault inventory was done when the new Chief arrived earlier in 2019. The agency now keeps records of any inventories performed. At the end of 2019, the evidence staff will, for the first time, provide the Chief a list of items disposed during the year. This will provide him a snapshot of progress to decrease inventory being retained in the property room. POPD has no record of unannounced audits of sensitive property ever being conducted. Chief Brown indicates that documented, unannounced, audits of the property room will commence in 2019. Audits and inventories protect those employees working in the property and evidence function. Lindberry has researched several cases that have items eligible for destruction but the Deputy Chief has asked her postpone destruction until the cases reach the five-year mark. Based on General Orders #2010, section XIV A. 5, "...property having no further Page 72 of 78 SHERIFFS A POLICE CHIEFS evidentiary value is being disposed of promptly." Lindberry had time to physically dispose of the items while developing the lists of cases eligible for destruction. Now, she is not in a position to complete the task effectively and efficiently due to other, new tasks she has been assigned. The average number of items that come in annually is approximately 1,800 to 2,000. Roughly, 50-60% of the approximate 5,000 items in the department's current inventory are compact discs, leaving about 2,500 to 3,000 other types of items on the shelves. Clearing items eligible for destruction provides space in the evidence room, resulting in fewer items to inventory, and helps ensure items are not lost before they can be returned to their rightful owners. General Orders #2010, Property and Evidence, section IX, addresses "Surrendered Firearms," and section XII E and F cover victim notification of firearm returns, background checks and transfer eligibility. The policy shows as last updated in September of 2018, so any new legislation, such as family or household members requesting notification of any firearm returns, should be included in current policy. One of the officers mentioned that Lindberry would need a copy of the complaint from the court to determine the contact information for any household or family members wishing to be notified. POPD has developed an instruction sheet they provide to citizens who are surrendering their weapons and explains how the weapons will be accepted into the department. Owners of firearms deemed not eligible to possess them often transfer ownership of the firearm to another person. This is known as a firearm transfer. All firearm transfers must be handled through a Federal Firearms Licensee after the courts approve the release. Firearm transfers of weapons held in evidence is a complicated matter and should be guided by agency policy or procedure. Currently, neither policy nor procedure regarding these transfers exist at POPD. Recommendations: • Enforce the policy regarding placing items under the control of the property and evidence function before the end of shift. • Continue with process of installing key card access, alarms, and surveillance cameras in the POPD building and particularly in the property room. Each person with access to the property room should have a unique alarm code that identifies them when entering the facility. • Explore a safer means of exhausting odors and fumes from the property room. • Confirm POPD officers are documenting, and safely disposing of, illegal fireworks. • Consider reducing the number of employees who have access to the property room. One employee plus the property room custodian should be adequate for an agency the size of POPD. Page 73 of 78 mr.wy�.• a...w.d...t SHERIFFS A POLICE CHIEFS • Acquire a safe requiring two -person access or, at minimum, a unique identifier for each individual requiring access. This protects both persons accessing the safe and protects the agency and employees from any untoward accusations. • Install a policy that requires all eligible property and evidence be promptly destroyed, or returned to owner when no longer needed by that agency. A five-year holding period is not appropriate for all items. • Consider purchasing computer storage that will eliminate the need to keep digital disc storage as evidence. • Consider installing processes where all currency is deposited in a bank if it contains no evidentiary value. This process will require work with city finance to ensure a prompt return of funds to owners when necessary. • Install a policy and process that directs (at minimum) annual unannounced audits of the property room that are conducted by someone outside the chain of command. • All drug evidence that is prepared for destruction must be documented, all seals must be checked for tampering and random items must be weighed. • Install policy where all drug evidence is weighed, with documentation, each time it is removed or re -submitted to the property room. See above for destruction protocols. • Remove the dumpster from the storage area adjacent to the POPD headquarter building where some property and evidence is stored. The bikes and gas -filled items stored in this area can remain secured in this area but locate a more suitable storage inside the building for any overflow homicide evidence. • Send the primary evidence specialist to the International Association of Property and Evidence (IAPE) courses. Pursue certification after attending the requisite course(s). • The Chief of Police should decide if surplus firearms from property and evidence should be sold. If this practice continues, consider using a rotating sergeant to accompany the evidence specialist in transporting them to the receiving entity. • Install contemporary policies, and train all employees, on handling surrendered weapons and notification to family members pursuant to RCW's 7.94 and 9.41. • Consider making a department pool car available to civilian employees to complete their jobs, run department errands, and attend training. • In the near term, check on the evidence specialist frequently, as she works alone for extended periods of time. Consider installing a window or panic -alert type alarm along with providing proximate access to Narcan in the event of an accidental exposure. Page 74 of 78 SHERIFFS A POLICE CHIEFS CHAPTER 18— PRISIONER SECURITY 18.1 The agency has written guidelines governing the methods and use of restraining devices used during prisoner transports. Purpose: To establish procedures for the transport of prisoners that ensures the safety of the transporting officer and the general public and provides for the security of the prisoner in transport and arrival at destination. 18.2 The agency has written guidelines for transporting the sick, mentally ill, injured or disabled prisoners. 18.3 The agency requires transporting officers to conduct a thorough search of prisoners prior to transport. 18.4 The agency requires a thorough search of all vehicles used for transporting prisoners before and after transport. Purpose: At the beginning of each shift any vehicle used for prisoner transportation must be thoroughly searched for contraband, weapons, or implements for escape. The search of the vehicle must also be done before and after each prisoner transport. 18.5 The agency's temporary holding facility includes access to shelter, warmth, potable water, and a toilet. Purpose: This standard identifies the required minimum physical conditions that are necessary in order for a law enforcement agency to operate temporary holding facilities. 18.6 The agency has procedures for using temporary holding facilities that requires: • Prisoner checks every 30 minutes; • Separation by gender and status (i.e. adults/juveniles). Purpose: To ensure appropriate operation of a temporary holding facility in a professional and legal manner and to establish policies and procedures governing booking, housing, maintenance of prisoners, and required annual inspections. 18.7 The agency has policies and procedures for compliance with federal and state laws governing the secure detention of juveniles: • No status offenders (e.g., runaways) are securely detained • Juveniles charged with criminal offenses are separated by sight and sound from adult prisoners • Juveniles are detained for no longer than 6 hours. Observations: Managing prisoners, particularly those with special needs, can pose safety risks for both the prisoner and the transporting officers. Policies and practices that require thorough search and proper restraint of all prisoners can mitigate those risks and help to prevent Page 75 of 78 SHERIFFS A POLICE CHIEFS unnecessary liability. The need to have appropriate policies and procedures for handling and security of juveniles, particularly "status offenders" is equally important. POPD does not operate temporary holding cells. One room, near the detective and sergeant's work area, is occasionally used to hold prisoners awaiting interview and would normally not be considered a temporary holding cell. If that room is ever intended for use as a temporary holding cell, ensure that the prisoner is under constant supervision (not video surveillance) and that arrangements are made to allow access to water and a restroom. The LEMAP team interviewed multiple patrol officers and a sergeant as part of this chapter's review and learned that juvenile status offenders are not customarily held in secure custody at POPD. When officers encounter a status offender, they attempt contact with a parent, guardian or relative. If unsuccessful they will next contact CPS for temporary placement. In the unlikely event they will need to hold the status offender, each officer was clear that they would hold them in the POPD conference room which adjoins the officers report writing area and allows the officer to maintain constant surveillance of the juvenile. Juvenile criminal offenders that remain in secure custody are transported to the Kitsap County Juvenile Detention Center. GO 1720 covers handling of juveniles by POPD officers. All officers reported that they always search prisoners prior to transporting them. POPD officers operate personally assigned patrol vehicles and most explained processes they use to inspect the transport area of their cars before and after transport. Several officers honestly indicated that they sometimes forget to search the transport area following transport, but everyone is aware of the need to check the backseat area before and after transport. If they miss contraband following transport, all indicated they would report the oversight to their sergeant and generate an incident report documenting the facts of the contraband being recovered. GO 1560 II b (1,2) covers officer responsibilities to search prisoners prior to transport and search their vehicles before and after transporting prisoners. POPD officers interviewed explained that they have various restraints available to them to secure prisoners. Options include handcuffs, leg irons, flex cuffs and restraint/hobble cords. Some officers indicate the restraints are provided by the agency; others indicate that they may have purchased them on their own. POPD officers have diverse criminal justice backgrounds from other law enforcement and correction agencies as well as one officer who previously worked security at Western State Hospital. Some of these officers received training in supplemental restraints from their previous agency. All of the officers indicated that they have not received any training on the use of prisoner restraints, particularly the use of supplemental restraints beyond handcuffs, while at POPD. GO 1550 and 1560 broadly covers the use of handcuffs and restraints. All officers appeared to be well versed in handling and transporting special populations including the ill, injured, disabled and those experiencing mental/emotional crisis. None of the officers that assessors interviewed were aware of the limitations imposed on the restraint of pregnant women and juveniles per RCW 72.09.651. GO 1520 (11) addresses handling ill, injured, disabled and those in mental/emotional crisis during the jail intake process but does not address any considerations following arrest and while preparing for transport. Page 76 of 78 SHERIFFS A POLICE CHIEFS Recommendations: • Any supplemental restraint must be approved and issued by the department and only placed in service after the officer has received training in its use. • Develop policy that provides clear guidelines on transporting any prisoner who is sick, injured, disabled or experiencing mental/emotional crisis. Ensure that any policy update addresses the guidelines of RCW 72.09.651. • As part of a defensive tactic curriculum, install annual training on the use of handcuffs. • Publish a directive that prohibits the use of the POPD interview room as a holding cell. • Provide updated training on handling all juvenile offenders, including status offenders. Confirm the presence of an OJJDP juvenile custody survey. Page 77 of 78 SHERIFFS A POLICE CHIEFS Washington Association of 3060 Willamette Drive NE a �SriEAiFFSB .._._.. Lace WA 98516 SHERIFFS & y, 360-486-2380 (Phone) POLICE CHIEFS 360-486-2381 (Fax) www.waspc.org President November 25, 2019 Sheriff John Snaza Thurston County President -Elect Chief Craig Meidl City of Spokane Chief Matthew Brown Port Orchard Police Department Vice President 546 Bay Street Sheriff Rick Scott Grays Harbor County Port Orchard, WA 98366 Past President Chief Ken Thomas Dear Chief Brown: City of Des Moines Treasurer RE: LEMAP Review Chief Brett Vance City of Montesano The Washington Association of Sheriffs and Police Chiefs (WASPC) would like to Executive Board applaud the Port Orchard Police Department for taking a step toward excellence by Chief John Batiste participating in the Loaned Executive Management Assistance Program (LEMAP). Washington State Patrol WASPC realizes that for an agency to undergo a complete review of its organizational structure, there must be desire to provide quality services to the Sheriff Bill Benedict Clallam County citizens of the state of Washington at all levels of agency staffing. Director David Trujillo WA State Gambling Accompanyingthis letter you will find the complete and final report from the Y P P Commission LEMAP review of the Port Orchard Police Department. The recommendations made Chief Rod Covey in the report are the collective opinions of the LEMAP assessors. Recommendations Port of Seattle reflect the opinions of the evaluators using the information available to them at the Chief Steve Crown time of the review. The LEMAP assessors are available and more than willing to City of Wenatchee assist you should you have any questions regarding the final report. Raymond P. Duda, SAC FBI —Seattle The assessment team greatly appreciated the openness and cooperation from the Port Orchard Police Department during the LEMAP review process. The LEMAP Chief Gary Jenkins City of Pullman assessment team and WASPC hope that you will find the recommendations both practical and valuable to your agency. If you have any questions about the report or Sheriff Mitzi Johanknecht King County need additional assistance, please do not hesitate to contact Michael Painter, Director of Professional Services, at (360) 292-7959 or mpainterkwaspc.org. Sheriff James Raymond Franklin County Sincerely, Steven D. Strachan Executive Director � Steven D. Strachan Executive Director SDS:dg Enclosure Serving the Law Enforcement Community and the Citizens of Washington L CoY OFROHAROi90 PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY MEMORANDUM TO: Rob Putaansuu, Mayor FROM: Matt Brown, Chief of Police SUBJECT: Short-term recommendations re: LEMAP.47 DATE: December 13", 2019 On December 2"d, I received the final report from the department -wide assessment completed by the team from the Washington Association of Chiefs and Sheriffs. The report provides specific and detailed recommendations to bring the Port Orchard Police Department into compliance with state and federal law, insurance requirements, and industry best practices. A number of specific recommendations have already been implemented over the past several months. The most critical has been the adoption of new policies governing the function of the department as well as its internal systems and processes. Command staff has worked collaboratively with line officers, administrative personnel, and the respective labor groups to examine and implement these new policies. Great credit goes to the staff for being willing to understand and adapt to the new path forward. After a full review, I have identified five key areas that deserve immediate attention: 1. Supervision of commissioned personnel' The department struggles from a lack of supervision at the line level. The Operations Division has three sergeants that must supervise the Patrol Unit, Investigations Unit, Court Security, Parking Enforcement, and Reserves. The dayshift sergeant, because of the position's hours, must supervise 11 people. The other two sergeants cannot supervise any of those staff members as they do not work at the same time. The Administrative Services Division does not currently have a supervisor. A 2002 PERC decision prevents members of the union from directly supervising other members of the union. The current Office Manager has been acting in this role for many years; this is in direct violation of that decision. The Office Manager can be a lead staffer but is not a supervisor. This results in the entire division being directly supervised by the Chief of Police. Action: Immediately address the lack of supervision. • Work with the City Council to allow the change of the current open officer position to a sergeant position. An assessment center should be facilitated by an 1 WASPC (2019). Review of the Port Orchard Police Department, pg. 15-22. Page 1 of 7 QOLICl� CITY OF POAf ORCHARD i �ssa PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY outside organization. This fourth sergeant will increase supervisory coverage but not to 24/7. Adjust the patrol schedule to demand -based staffing levels, not squads. This schedule supports a regular monthly training day. Work with the Administrative Services Division and associated labor union to clarify the role and responsibilities of a lead employee. As part of the city's strategic workforce assessment in 2020, examine supervision within the Operations Division and Administrative Division to provide insight and guidance to determine appropriate levels for current and future needs. Should the proposed action plan be implemented in the next biennial budget, the level of supervision should be at a more appropriate span of control. 2. Management of property and evidence The police department currently operates its own property and evidence room contained within the first floor of City Hall. The review noted significant upgrades to the facility would be required to bring the area into compliance with legal requirements, best practice, and safety standards. The assessment recommended a substantial number of areas that would need to be upgraded, some with one-time money and some with ongoing budgeting, to bring the facility up to standard. These areas include: • Securing the room with additional locks, keycard access, CCTV, and alarms. • Designing and implementing a safer method for venting any hazardous fumes. • Developing safe storage for hazardous materials such as flammables and fireworks. • Purchasing a safe for valuables and narcotics that provides for two -person access. • Purchasing a digital storage system for photographic and digital evidence. • Improving and securing the outside storage area. • Installing a panic -alarm and door with visual access to the room to improve employee safety. Action: Contract property/evidence storage and services with the Kitsap County Sheriffs Office. 1. Ensure all labor/management issues are resolved with the current position. 2. Obtain a signed contract for services with KCSO that includes regular auditing, use of digital storage mediums, and the storage of hazardous materials. 3. Determine a disposition for all items within the current location. 2 WASPC (2019). Review of the Port Orchard Police Department, pg. 67-74. Page 2 of 7 QOLICl� CITY OF PORTORCHARD i �ssa PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY 4. Transfer all items that need to be retained to the KCSO facility. 3. Training — annual in-service and professional development The police department has not had a formal in-service training plan in recent memory. Fortunately, two areas of high risk have received yearly certification — firearms and Tasers — but other subjects of necessity have been ignored. These include yearly training on the use of force, less -lethal tools, defensive tactics, legal updates, OSHA requirements, and several other important areas. The use of technology to deliver instruction was recently implemented and this has solved a portion of the training requirements. PoliceOne is an online service that can deliver content during duty hours when officers are not responding to calls. However, a significant amount of training must be delivered in person in order to be effective. Action: Develop and implement an annual in-service training program. • Defensive tactics • Court Orders • EVOC • De -Escalation • Patrol Tactics • Crisis Intervention • Anti -Bias • Active Shooter Response In addition to the annual in-service training program, training must include succession planning, leadership, and professional development. The intent is not to simply maintain standards but to improve operational capability and provide all staff with the ability to have opportunities for a varied and progressive career. 4. Records management4 The staff of the Administrative Services Division perform admirably but have been left out of a significant amount of ongoing training. Their ability to function is a testament to their personal and professional drive. However, records management for law enforcement is incredibly high risk and the agency must continuously train its staff to handle new expectations under the law. One of the most significant discoveries found during the assessment is the fractured process for managing public records requests. This creates unnecessary risks for the agency and the city. Additionally, the current system has created holes in the legally required process for managing the retention and destruction of critical documents. s WASPC (2019). Review of the Port Orchard Police Department, pg. 44-48. a WASPC (2019). Review of the Port Orchard Police Department, pg. 22-31 Page 3 of 7 L IC0Y OFRCHARDsa PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY Action: Immediately improve records management within the agency. • The City Clerk and the Office Manager should work collaboratively on a single work -flow for all records requests within the city. • Administrative Services staff should actively work towards gaining a paperless system of records management. The current RMS has this capability and by becoming paperless now, before the new county -wide RMS system is in place, it will make the transition that much easier. Train personnel within Administrative Services and Operations to better understand records management, public records requirements, and all legal requirements. 5. Provision and designation of authority5 The current municipal code, 2.16 — Police Department6, designates certain full commission positions within the police department but does not specifically authorize the agency to perform law enforcement services or grant the powers and duties vested by the state statute. Specific statutes are listed below for reference: • Article XI, Section 11 — Washington State Constitution • RCW 10.31 — Warrants and Arrests • RCW 10.93 — Washington Mutual Aid Peace Officers Powers Act Ordinances from regional partners have been examined. The proposed ordinance has been reviewed by the city's legal counsel. Action: Draft amendments to Port Orchard Municipal Code 2.167 to include: 1. The appointment of a Chief of Police. 2. The appointment and commissioning of police officers. 3. The requirement of an oath of office for all commissioned personnel. 4. Definition and granting of police powers to commissioned personnel. s WASPC (2019). Review of the Port Orchard Police Department, pg. 8. 6 Appendix - A 7 Appendix - B Page 4 of 7 ,?OLICOCO 39C PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY APPENDIX - A Chapter 2.16 [Current] POLICE DEPARTMENT Sections: 2.16.030 Positions designated. 2.16.030 Positions designated. The following full commission positions within the police department are established: chief of police, police commander, sergeant, and police officer. (Ord. 026-05 § 1; Ord. 857 § 1, 1970). Page 5 of 7 L CoY OFROHAROi90 PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY APPENDIX - B Chapter 2.16 - [Proposed] POLICE DEPARTMENT 2.16.010 Establishment There is established and created a Police Department to be operated under the direction and control of the City's chief law enforcement officer, the Chief of Police, subject to the supervision of the City Mayor. 2.16.020 Chief of Police — Appointment The Chief of Police shall be appointed by the City Mayor, subject to approval by the City Council, and may be removed by the City Mayor. Removal shall be in accordance with the law and the policies of the City of Port Orchard. 2.16.030 Police Chiefs civil service exclusion Pursuant to RCW 41.12.050, the position of Police Chief is excluded from civil service for city Police. 2.16.040 Members — Appointment and Commissioning All persons hired as law enforcement officers for the Port Orchard Police Department shall be commissioned as police officers for the City of Port Orchard prior to being assigned to law enforcement duties. All personnel below the rank of Chief shall be appointed and commissioned by the Chief in accordance with the applicable law, ordinance, rule, or regulation relating to civil service except as exempted in accordance with RCW 41.12.050 and may be removed by the Chief subject to any applicable law, ordinance, rule, or regulation then in force and effect. No police commission, regular, temporary or honorary, shall be issued to any person until such person has been certified for a regular or provisional appointment to fill an authorized personnel vacancy by the Civil Service Commission in accordance with such rules and regulations relating to civil service then in force and effect. 2.16.050 Police Powers The Chief of Police and all commissioned police personnel shall have the powers granted to them by state and local law and shall be responsible for those duties imposed by the laws of the state relating to Chief of Police and law enforcement personnel for code cities. The Chief and all Page 6 of 7 QOLICl CITY OF II ' PORT ORCHAR9 F 1890 PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY law enforcement personnel shall have the power and duty to enforce the ordinances of the City and to perform other such services as the laws of the state or the ordinances of the City may now or hereafter require including acts authorized pursuant to the Inter -Local Cooperation Act, the Mutual Aid Peace Officers Powers Act, and pursuant to Chapter 10.93 RCW and Chapter 39.34 RCW. 2.16.060 Oath of Office All commissioned personnel, to include the Chief of Police, shall be sworn in to enforce the ordinances of the City of Port Orchard, state and federal law, to protect the public peace and safety within the City of Port Orchard, and to abide by the code of professional conduct and responsibility for peace officers. Prior to assuming a police commission, persons hired for a position that requires a commission will take an oath of office to enforce the law, uphold the Constitution of the United States and the State of Washington, and shall make such oath before the mayor or a designee. Page 7 of 7 2019 Water Projects 1. Install new fire Hydrant in front of Novus due to vehicle accident- 1/24 2. Well 9 old clearwell cleaning/disinfection/flushing/purity for start-up- 2/25-3/1 3. Tap/Install new service line at 619 Radey- 5/2019 4. Fix 4" Cl water main break on Melcher by Heron Ridge- 2/2019 5. Fix 8" DI on Hull and install a new valve and tie -back- 4-2019 6. Fix broken 4" Sch40 water main- install cap and thrust block- 5/2019 7. Install meter and double-check at Sedgwick Reservoir for Well 13 drilling- 5/2019 8. Repave from a water main break on Seattle between Division/Dwight- 6/2019 9. Repave 2 areas on Melcher near Portland from water main breaks 5'x9'- 6/2019 10. Move and install McCormick LS 1 treatment building to the Well 10 site to cover wellhead-10/1 11. Fix 4" water main leak behind SK mall- 9/2019 12. Install double check at well 9 treatment building for internal/external hose bibs- 9/2019 13. Removed broken gate valve and installed 8" blind flange on Well 5-10/2019 14. Water main flushing for the 260, 390, and 580- 10/2019 15. Installation of the vent retrofit for the 450 reservoir in the 580- 10/2019 2019 Sewer Projects 1. Removal and installation/fabrication of a new sewer manhole casting/lid at Kitsap/Sidney-1/8 2. Install clean-out/fix plug at 1134 Tacoma- 2/28 3. Install new sewer lateral and clean -out for 1415 Flower- 5/2019 4. Repave a sewer lateral repair on Sidney Ave. 4'x10'- 7/2019 5. Install sewer clean-out/fix plug at 1324 Garrison- 8/2019 6. Pour generator pad for Sedgwick LS- 9/2019 7. Pour generator pad for Goldenpond LS- 9/2019 2019 Street Projects 1. Heavy limbing/vegetation clean-up on Salmonberry between Bethel and Redemption- 1/9-10 2. Heavy tree removal/limbing on Ramsey/Blueberry/and Geiger- 1/11-23 3. Tree removal/limbing on dead-end section of Flower east of Fireweed- 1/24 4. Tree removal along Old Clifton/Hwy 16 west toward industrial park- 1/29 5. Heavy limbing on Old Clifton from industrial park to city limits by juvy entrance- 2/28 6. Annual spring spraying for vegetation control- 5/2019 7. Fix major sinkhole at the corner of West/Sroufe and HMA- 5/2019 8. Cut-out major roots buckling the street and HMA at Sroufe/West- 6/2019 9. Cut-out major roots buckling the street and HMA on dead-end of Taylor/Harrison- 6/2019 10. HMA 18'x5' patch from water break on Radey- 6/2019 11. HMA 18'x5' patch from sewer lateral repair at the 1400bl Flower Ave.- 6/2019 12. HMA a 26'x6' and a 5'x8' alligatored/potholes section of Tremont in front of Van Zee park- 7/2019 13. Fall vegetation spraying- 9/30-10/2 14. Fix 3 sidewalk panels from tripping hazard at Sidney/Sroufe.- 8/2019 15. Fix 4 sidewalk panels from tripping hazard at Bay St/Seattle- 9/2019 16. Rebuilt marquee post from a traffic accident in front of the Brickhouse on Bay st.- 7/2019 17. Remove dead madrona trees at Dekalb/Tracy Ave- 12/2019 18. Heavy limbing/dead tree removal on Farragut between Dekalb/Morton- 12/2019 19. Heavy limbing on Sunset Ave.-12/2019 2019 Parks Projects 1. Installation of Maglocks in restrooms at McCormick Park- 4/2019 2. Install split -rail fence by bridge at McCormick Park and in a couple other areas on the trail- 4/2019 3. Spread 60yds of bark and seed at McCormick Park- 4/2019 4. Fix and install drain on east side of trail to fix drainage issues at McCormick Park- 4/2019 5. Spread 130yds of topsoil at Van Zee- 4/2019 6. Install bollard at the beginning of the trail at Rockwell Park- 6/2019 7. Weed and level picnic area at Blackjack point park. Install boarder and landscape area with rock- 7/2019 8. Spread 10yds of rock around Van Zee bathrooms for ADA compliance- 7/2019 9. Installed 2 chairs for the existing table/chair at Rockwell Park- 7/2019 10. Formed/poured retaining wall for erosion problems at Rockwell Park sandy beach- 7/2019 11. Installed changing tables/soap dispensers/paper towel dispensers at all parks with bathrooms- 2019 12. Painted Central park/Givens park bathrooms and coated the floors- 8/2019 13. Fixed drinking fountain at Central park that hsan't worked in 6-7years.- 9/2019 14. Pour 21'x4' concrete pad for Rotary donated benches in Segment 3-10/2019 10 Task Name I Foster Pilot Development of Plan & Programming, Tribe and Ecology Review 3 Ecology Report to JL Task Force, JL Task Force Report to Legislature 4 Water System Plan 5 Development of Water Model and Plan 6 City / DOH Review, Water System Plan and Water Use Efficiency Public Meetings 7 Well 13 8 Site Prep / Well Installation - Construction 9 PRVs and Water Main Improvements 10 Maple Avenue (Cannot Complete Prior to Well 13 On -Line) 11 Well 13 Treatment 12 Well 11 13 Design / Construction 14 Well 7 Treatment 15 Design / Construction 16 Well 12 17 Pilot Hole Drilling (Developer) 18 Drilling & Casing 19 580 Zone Reservoir to McCormick Water Main 20 Design / Construction 21 Consolidation Grant (390 to 580 Zone) 22 Booster Pump Station; Transmission Main: Sedgwick / Glenwood; Old Clifton 23 SCADA Communications Improvements 24 Radio Survey, Equipment Install / Implementation 25 Water Main Replacement Program 26 I Design / Construction 27 Melcher Street Pump Station Upgrades 28 Design / Construction 29 West Sound Utility District Intertie - Sedgwick 30 Design / Construction 2019 2020 2021 2022 2023 2024 2025 Qtr 2 Qtr 3 Qtr 4 Qtr 1 . Qtr 2 ; Qtr_3 Qtr 4 _ ( 1 _ Qtr_2Qtr 3 - Qtr Qtr 1 Qtr2_ _ Qtr 3 _Qtr 4 _ _Qtr 1 _Qtr 2 Qtr 3_ Qtr 4_ _ Qtr 1 Qtr 2 Qtr3 _ Qtr 4 Qtr 1 _Qtr_2 _ Qtr 3 Qtr 4 Qtr 1 Qtr 2_ Jacki I City of Port Orchard Water Task Milestone ! Public Works Projects Fri 1/3/20 summa 7 Task Name 2019 2020 2021 2022 2023 2024 2025 _Qtr 2_ _ _ Qtr 3 Qtr 4 _ Qtr l _Qtr2_ __ Qtr 3 __ _ Qtr 4 _ Qtr l _ _Qtr 2 _ _ Qtr 3 Qtr 4 Qtr l Qtr 2_ _ Qtr 3 Qtr 4 Qtr 1 _ Qtr 2 Qtr 3 Qtr_4_ Qtr l_ _ _ _ Qtr, 2 Otr_3 Qtr _ tr__ Qtr2 Qtr3_ _ Qtr4 Qtr1 __Qtr2 1 McCormick Lift Station 2 2 Design Ian,Tony',Chrls 3 Construction I a n,l acki, Da rre n,Tony,Chris 4 Marina Pump Station 5 Design Ian lacki,Tony,Chris Darren,lan,Jacki,Tony,Chris 6 Construction 7 Albertson's Lift Station Rehabilitation 8 Design Ian,Jacki,Tony,Chris 9 Construction Darren,lan,Jacki,Tony,Chris 10 Eagle Crest Generator V! 11 Construction r Jacki,Tony,lan 12 Bay Street Pump Station Rehab 13 Design /Construction Chris,lan,lacki,Tony 14 Sidney Corridor Lift Station (Developer) 15 Design Ian,Jacki,Tony,Chris 16 Construction Darren,lan,Jacki,Tony,Chrls 17 Bravo Terrace Lift Station Replacement (Developer) 18 Design Ian Jackl,Tony,Chris I Darren,lan,lacki,Tony,Chris .9 Construction 20 21 22 23 24 25 26 _ 27 . . 29 z9 . . 30 City of Port Orchard I Task Milestone Summary �1 Public Works Projects Fri 1/3/20 Page 2 of 5 Task Name 1 Downtown Basin Stormwater Plan 2 Data Collection 3 Model Development 4 Plan Development 5 Stormwater System Plan 6 Determine Needs 7 Advertise and Hire Consultant 8 Plan Development 9 The Ridge Dam Rehabilitation 10 Determine Needs 11 Procurement 12 Construction 13 Sidney Culvert Replacement 14 Apply for Grant Funding 15 Design / Construction 16 Sinclair Apartments Culvert Replacement 17 Apply for Grant Funding 18 Design / Construction 19 Annapolis Creek Culvert Replacement 20 Apply for Grant Funding 21 Final Design 22 23 24 25 26 27 28 29 30 City of Port Orchard Public Works Projects Fri 1/3/20 2019 2020 2021 2022 2023 2024 2025 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr_2 _ _ Qtr_3 _ _ �r 4 Qtr 1_ Qtr _2_ _ _Qtr 3 _ _.Qtr 4 Qtr 1 Qtr 2 Qtr 3 _ _ _ Qtr 4 Qtr 1 Cttr 2 Qtr 3 Qtr 4 Qtr 1 Qtr2- Qtr 3_ .. Qtr 4_ Qtr 1 _ Qtr 2 Qtr_ 3_ Qtr 4 _Qtr 1 Qtr_2 Tony,Dprren,Zack Jacki,Zack Jacki,Zack Tony,Zark,Jacki,Mark Jacki,Zack,Mark Jacki,Zack,Darren,Tony -� Tony,Zackjackl,Mark 1JA5sA Jacki,Zack,Mark Jacki,Zack,Darren,Tany l Stormwater Task Milestone Zack,lan t Zack,lan I Summary Zack Page 3 of 5 Tony,Zack,Jacki,Mark,Chris Tony,Zack,J acki,M a rk, Chris Tony,Zack,Jacki,Mark,Chris 10 Task Name 1 Bay Street Pedestrian Path (Segments 1, 6-11) 2 ROW Acquisitions 3 Design 4 Construction 5 Bethel Improvements 6 SR-166 to SR-160 (ROW / Design) Salmonberry Intersection (ROW / Design) $ Vallair Ct Connector (ROW / Design / Construction) 9 Old Clifton Road Corridor 10 Roadway Design 11 Anderson Hill Intersection Construction 12 Campus Parkway Construction (Developer) 13 Feigly Road Intersection Design 14 Lippert Drive and Sidney Rd SW Overlays 15 Design 16 Construction 17 Lund Ave Bridge Repairs 18 Design 19 Construction 20 Bay Street Pedestrian Path West 21 Situational Study 22 Annual Pavement Management System 23 PMS Pavement Maintenance 24 PMS Pavement Projects 25 Sidewalk and ADA Upgrade Program 26 27 28 29 30 City of Port Orchard Public Works Projects Fri 1/3/20 2019 2020 2021 2022 2023 2024 2025 Qtr2 Qtr3_ gtr4___ QtrlQtr2_ ,_Qtr3 Qtr4_ Qtrl tr2 ,Qtr 3`gtr4_ _Qtrlj{[2 _ C3 �Ljfr4Tr1 �$2r33 Qtr_q Qtri�tr2__ _Qtr3_ Qtr 4_ _ Qtr 1 _ __ Qtr 2 Qtr 3_ , gtr 4 _Qtr 1 Qtr 2_ _ i Mark,Chris lan,Mark,Chris � I Ian,Mark,Chris Street Task I --- = ] Milestone ♦ Summary Page 4 of 5 Ian,Mark,Chris Darren,lan,Mark,Chris Darren,lan,Mark,Chris Darren,lan,Mark,Chris Ian,Mark,Chris Ian,Mark,Chris ;I Ian,Mark,Chrls Ian,Mark,Chris Ian,Mark,Chris Ian,Mark,Chris Ian,Mark,Chrls Ian,Mark,Chris ILl Fisk Name 1 Engineering Standards and Specifications Update 2020 Collect feedback (including from outside agencies) 3 Update Documents 4 Adopt with Council Resolution 5 GIS and Asset Management 6 Update Assets in GIS I As -built Scanning 8 Determine Priorities for Implementation Implement Asset Management Software 10 City Hall Improvements 11 Design 12 Construction 13 Shop Improvements 14 Design 15 Construction 16 McCormick Park Splash Pad Retrofit 17 Design / Construction 18 Port of Bremerton / Marina Park Expansion 19 Design / Construction 20 Community Center 21 Design / Construction 22 23 24 25 26 27 28 29 30 2019 2020 2021 2022 2023 2024 2025 Qtr2___Qtr3 _ Qtr4 _Qtrl__ Qtr2 Qtr3___Qtr4 ,_QtrlQtr2_Qtr3_ Qtr4 Qtrl Qtr2_,Qtr_3 _Qtr4 _ Qtr1_ _ Qtr2Qtr3 Qtr4_ Qtrl_ '__Qtr2 Q1Lr3_ Qtr4 trl Qtr2 Qtr3_ _ Qtr4_Qtrl Qtr2 �.� Ian,Darren,Jacki,Mark,Tony,Chris lWan Ian Ian,Mark •_t= Darren,Tony City of Port Orchard Miscellaneous Projects Task Milestone Public Works Projects Fri 1/3/20 Mark .. .. Mark,lan,Tony - •:: Mark,Tony Summary �1 -gliiiq Darrenjacki,Tony Page 5 of 5 Mark Ian,Tony,Chris,Darren,Mark Ian,Tony,Chris,Darren,Mark Chris,Darren,Jacki,Tony