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Cape Coral Police Department 2012Annual Internal Affairs Report

Contents

Introduction.................................................................................................................................................3

Grievances...................................................................................................................................................4

Inquiries.......................................................................................................................................................4

External Inquiries by Type of Complaint and Findings - 2012..................................................................5

Internal Inquiries by Type of Complaint and Findings - 2012...................................................................5

Corrective Actions of Inquiries – 2010 to 2012........................................................................................6

Formal Investigations..................................................................................................................................6

Formal Investigation Findings by type of Complaint – 2012....................................................................7

Formal Investigation Dispositions............................................................................................................7

Employee Demographics – Formal Investigations...................................................................................8

Use of Force.................................................................................................................................................9

Type of Force Used................................................................................................................................10

Type of Force Used with Injury Rate……………………………………………………………………………………………..……11

Traffic Crash/Damage................................................................................................................................11

Pursuits......................................................................................................................................................12

Conclusion.................................................................................................................................................13

Inquiries.................................................................................................................................................14

Formal Investigations.........................................................................................................................…14

Use of Force...........................................................................................................................................14

Traffic Crash/Damage Incidents.............................................................................................................14

Pursuits..................................................................................................................................................15

2012 Annual Internal Affairs Report 2

IntroductionThe Internal Affairs Unit of the Professional Standards Bureau has a responsibility to protect the public and the Department against all turpitude which may be associated with the conduct of our members, to identify and remove all personnel who are unfit to serve in the law enforcement profession, and to identify and correct all procedural problems.

Law enforcement effectiveness is contingent upon community respect and confidence in the police department. Actions which detract from this respect and confidence are detrimental to public interest and the City of Cape Coral. It is the policy of the Cape Coral Police Department to investigate any and all situations pertaining to the actions of an officer regarding the appearance of impropriety and/or when potential for significant harm to the public exists.

A police officer’s ability to perform his or her duties is dependent upon the respect and confidence the citizens of Cape Coral have for the officer and the department. Police officers must conduct themselves in accordance with the Code of Conduct, exhibiting the highest levels of integrity and

trustworthiness. The Cape Coral Police Department explicitly prohibits any form of biased-based police action by any of its employees.

The Cape Coral Police Department addresses concerns and allegations regarding inappropriate conduct through interviews, data collection and analysis. By collecting information on the variables associated with police activities, we enhance our ability to assess the appropriate application of authority and broad discretion entrusted to members of the department.

The 2012 Annual Report covers CALEA Chapter 52.1.5 (annual statistical summaries), Chapter 1.3.13 (annual analysis of incidents of force), Chapter 41.2.2j (annual analysis of vehicle pursuits), and Chapter 25.1.3 (annual analysis of grievances). The review is in accordance with department policy and CALEA standards. Charts and graphs are included to cover the chapters as mentioned above, followed by an analysis reviewing each section and a comparison with the past years. The results of this review will be forwarded to the Chief of Police.


GrievancesThere were no grievances filed in 2012, as compared to two in 2011, a 100% reduction. The agency attributes this reduction to the cooperative relationship between command staff and agency personnel and union leadership.

InquiriesInquiries may be initiated from either an external source, such as a citizen, or internally from another department or city employee.

In 2012 there were 47 inquiries and/or complaints from external sources. Of the external inquiries, 45 were citizen complaints concerning possible minor policy

violations. The following table shows a comparison, by month, to the previous two years. In comparing 2012 to 2011, a decrease of 16% in the total number of inquiries was realized. Of the 47 inquiries received in 2012, 6.3% were sustained as compared to 3.57% in 2011 and 9.8% in 2010.

Months2010 2011 2012

January 2 8 8February 3 10 4March 0 3 4April 7 4 1May 3 5 6June 6 3 4July 5 5 4August 4 4 1September 7 4 4October 5 6 3November 3 2 7December 6 2 1Total 51 56 47


External Inquiries by Type of Complaint and Findings - 2012

Types of Complaints Unfounded Exonerated Not Sustained Sustained Complaint

WithdrawnTotal by

Type

Rudeness/Demeanor 2 21 2 25Property Damage 0Unprofessionalism 1 12 1 14Harassment 1 1Excessive Force 1 1Misuse of Official Position 1 1Violation of policy/statute 1 1Theft 2 2Dereliction of Duty 1 1Pending 1 1Total 3 2 39 3 0 47

Special note: The total is inclusive of the 45 Citizen Complaints received coupled with two external complaints filed as Internal Affairs Investigations.

Internal Inquiries by Type of Complaint and Findings - 2012

Types of Complaints Unfounded

Exonerated

Not Sustaine

d

Sustained

Complaint Withdraw

n

Total by Categor

yRudeness/Demeanor 1 4 5Falsifying Records 1 1Performance of Duties 15 15Policy Violation 0Excessive Force 0Failure to Appear 0Maliciously Threaten/Strike 0Conduct on/off Duty 3 3Total 1 23 24


Corrective Actions/ Inquiries – 2010 to 2012

Note: As identified on page five, there were a total of 26 sustained cases and 22 corrective actions taken. In the other four cases, two Performance Deficiency Notifications were issued and in the other two cases additional training was provided.

Internal Affairs InvestigationsAllegations of criminal/gross misconduct, dereliction of duty, excessive force, and civil rights violation, and violation of state or federal law are investigated by the Internal Affairs Unit. Internal Affairs Investigations may contain more than one allegation.

Allegations may be received from any member of the police department or initiated at the direction of command staff and are considered internal complaints. Conversely, external complaints are derived from persons not employed by the department.

The following represents the dispositions of the six investigations in 2012 as compared to nine 2011.

During the period of January 1 to December 31, 2012, the Internal Affairs Unit completed five of six investigations. The sixth Internal Affairs Investigation is still active and is identified on page 7, as pending. The Internal Affairs Investigations involved five members of the department. Four of the investigations were internal and one was from an external source. Upon completing an analysis of the Internal Affairs Investigations, no patterns of misconduct and/or policy failures were identified.

Internal Affairs Investigations

Total Investigations Number of Employees Investigated02468

101214 11

13

9

14

65 2010

20112012


Types of Corrective Action 2010 2011 2012

Memo of Counseling 4 5 8

Written Reprimand 7 11 7

Suspension 7 4 5

Demotion 1 0 0

Termination 0 0 1

Voluntary Separation 0 4 1

Internal Affairs Investigation Findings by type of Complaint – 2012

Complaint Sustained

Not Sustaine

dUnfounded Exonerated Pendin

gTota

l

Performance of Duties 1 1Excessive/Improper Force 1 1 2

Conduct themselves in Proper Manner 3 3

Demeanor 0

Misuse of Official Position 0

Total 4 1 1 6

Internal Affairs Investigation Dispositions2010 2011 2012

Sustained 8 8 4

Not Sustained 3 0 0

Unfounded 0 0 0

Exonerated 0 1 1

No Basis for Complaint 0 0 0Pending 0 0 1


In contrast to Internal Affairs Investigations, citizen complaints and internal inquiries that involve minor policy violations are investigated at the line supervisory level. The graph below illustrates that the majority of dispositions for Internal Affair Investigations, citizen complaints, and internal inquiries resulted in a memo of

counseling and written reprimands. In three instances that included two Internal Affairs Investigations and one internal inquiry, some form of remedial training (two for tactical driving and one for administrative duties) was conducted in conjunction with the above listed corrective actions.

7

115

8

Final Disposition/Corrective Action

Reprimand Resigned in Lieu of TerminationTermination SuspensionsMemo of Counseling

Employee Demographics – Formal Investigations

Four Police Officers and one non-sworn employee were involved in six Internal Affairs Investigations for the year 2012. All

the employees involved in a formal investigation had five to ten years of service.

2Year Entry Level

Sergeant

Non-Sworn

Male Female Caucasian

1 to 5 yrs of Servic

e

5 to 10 yrs of Servic

e

10 to 15 yrs

of Servic

e

15 to 25 yrs

of Servic

e

2010 10 3 0 11 2 9 7 3 2 12011 9 1 4 10 4 8 11 2 2 02012 5 0 1 5 1 6 0 4 0 0


Use of ForceDuring 2012 there were 82 Resistance Control Form (RCF) reports filed with the Professional Standards Bureau. As illustrated in the following chart, the total number of reported incidents regarding the application of force increased by 8% in 2012 as compared to 2011. The analysis conducted for 2012 did not reveal any

problems or issues with the application of force. However, a correlation was discovered through the analysis regarding the reporting of force related incidents. In 2011, the department increased training of supervisors in use of force issues to include proper documentation.

2010 2011 20120

102030405060708090

46

76 82Use of Force

Reported Incidents

Resistance Control Forms by Month

January

February

March

AprilMay

June

July

August

Septem

ber

October

November

December

0

2

4

6

8

10

12

14

45

6 67

6

8 87

10

3

6

3

6

14

87

6

4

6

8

6

10

4

20112012


Type of Force Used

There are varying degrees of control that may be justified depending on the dynamics of a situation. Since, in a number of cases, the arrestee does not voluntarily consent to be taken into custody, resistance is often encountered and some type of physical force may be necessary to affect the arrest and protect others. During the course of an incident, several levels of force may have to be applied to accomplish taking an arrestee into custody.

Many force incidents may escalate or de-escalate depending on the suspect’s resistance at the time. The following compares the levels of force used in 2012, 2011 and 2010. During an analysis of the 82 RCF reports, no significant concerns and/or patterns were identified. However, it was discovered that on several occasions there was a concern on the delayed application of the hobble restraints to subdue resistant subjects and reduce the need for further force response options.

Additionally, in two cases the officers’ narratives were lacking sufficient information detailing the justification for the application of force. A review of the facts of the case supported the force response option. It was discovered that the problem

was in the reporting, and remedial training was provided.

In 2012 the Taser was involved in 43% of the types of force applied. Nine injuries (26%) were attributed to the Taser. Hands/Fist/Feet/Takedowns were applied in 22% of the incidences with 15 reported injuries, equaling 83% of the total. By department policy, only takedowns that result in injury or complaint of injury are reported.

The additional incidents reported are attributed to other uses of force used in conjunction with the takedowns. Oleoresin Capsicum was used in 29% of the types of force applied with three (13%) reported injuries as a result. The baton, or impact weapon, was used in only one situation during 2012 and that person sustained an injury. K-9 was used in approximately 5% of the types of force applied with 100% reported injuries which by, its very nature, can be expected.

There were no deaths as a result of an Officer Use of Force response. Any use of lethal force is reviewed by professional standards to make sure the force applied is within department policy and to identify and training issues. An analysis revealed no issues or patterns of concern.

Types of Force Applied

Type 2010 2011 2012Taser (Touch Stun/Darts) 26 35 35

Hands/Fist/Feet/Take Down 11 27 18OC Spray 4 7 24

Impact Weapon 0 0 1K-9 (includes bites only) 2 4 4Firearm/Lethal Weapon 3 3 0

Total 46 76 82Number of Arrests 5379 4534 4495

RCF Rate per Arrest 1:117 1:60 1:55


Type Amount Injury Percent of Injury Taser (Touch Stun/Darts) 35 9 26%Hands/Fist/Feet/Takedown

18 15 83%

OC Spray 24 3 13% Impact Weapon 1 1 100%K-9 (includes bites only) 4 4 100%Firearm/Lethal Weapon 0 0 0Total 82 32 39%

The below chart depicts the Use of Force incidents from 2006 to the current year. The chart reflects a down turn from 2006 through 2010 and a noticeable increase in 2011 and again in 2012. An analysis of the 82 RCF forms has revealed the following: There was a significant increase in the use of OC Spray while the other force options have remained constant. Of the 82 Resistance Control Forms completed, none of the applications of force were deemed excessive and/or improper. The Training

Unit will continue to implement use of force scenario training classes for the up-coming 2013 calendar year.

2006 2007 2008 2009 2010 2011 20120

20

40

60

80

100Use of Force

Use of Force


Traffic Crash/DamageDuring the period of January 1 through December 31, 2012, the department completed 28 Florida Traffic Crash reports involving police department vehicles and 31 Vehicle Damage Reports, totaling 59 for the year. Vehicle Damage Reports are used in cases that do not meet the definition of a traffic crash as described in Florida State Statutes. Examples of this would include traffic crashes that occur on private property or when vehicle damage occurs as a result from a willful act by an arrestee. Of the above 59 total incidents, 13 were found to be a violation of departmental policy, which correlates to 22% of total vehicle damage reports for 2012. In comparing this year’s

traffic crash/damage incidents to 2011, there was a 26% increase in incidents. However, there was a 35% decrease in the number of damaged vehicles as a result of a policy violation as compared to 2011. Despite an increase in overall traffic crash/damage incidents from 2011 to 2012, incidents related to policy violations continue to decrease. The Training Unit has modified the curriculum for the Tactical Police Driving classes, aiding in this continued decrease of incidents related to violation of policy. An analysis of the police related vehicle damage and/or crashes revealed no discernible pattern or issues.

Traffic Crash/Damage – Cape Coral Police Department (City Vehicles)

Types 2010 2011 2012Violation of Policy 32 20 13Within Policy 31 27 46Total 63 47 59

On-Duty Damage 54 44 52Off-Duty Damage 9 3 7Total 63 47 59

PursuitsTwo vehicle pursuits were filed with the Professional Standards Bureau in 2012,

which is one more than was filed in 2011, but half as many as was filed in 2010.

Pursuits 2010 2011 2012Total Pursuit 4 1 2Pursuits Resulting in Crashes

3 1 2


Suspect Rammed Officer 2 2 0

2010 2011 20120

0.5

1

1.5

2

2.5

3

3.5

4

Total PursuitsNumber Resulting in Traffic CrashesSuspect Rammed Officer

The two pursuits in 2012 were thoroughly investigated and found to be within department policy and Florida State Statute 776.08. The first pursuit in 2012 occurred on September 23rd at 2:10 a.m. due to an aggravated assault investigation. Upon review there were no significant issues found. The second pursuit in 2012 occurred on November 6th at 6 p.m. and after officers initiated an aggravated domestic violence investigation that escalated into a possible kidnapping. In each case, the pursuit ended in a traffic crash, at no fault of the officers.

An analysis of both pursuits in 2012, which included factors such as road and weather

conditions, time of day, the severity of the crime and the concern for the safety of the community, did not reveal any patterns or trends indicating training needs and/or policy modifications.


Conclusion

Inquiries

Inquiries decreased by 16% in 2012 as compared to 2011. The types of inquiries reviewed in 2012 are similar in content to the prior years noted in this report. Most of the inquiries are citizen complaints, such as alleged discourtesy, officer demeanor, and traffic-related offenses while responding to calls for service. During the three-year period analyzed, there have been no significant policy changes in the way inquiries are reported and/or documented.

Once an inquiry is closed, a summary report is provided to the Civilian Review Board (CRB). Approximately every month the CRB convenes to review and discuss external inquiries and closed Internal Affairs Investigations. To date, the CRB has approved/accepted the findings in all cases submitted with two dissents. In several cases, the CRB seemed to take exception to the severity in the corrective action dispensed and inquired why the department did not choose lower levels of discipline. The CRB was provided information on the policies and philosophies of the department

in regards to progressive discipline and accountability. As a result, there are no recommended changes to any department policies or procedures.

Internal Affairs Investigations

In 2012, the number of Internal Affairs investigations decreased by 33.3% as compared to 2011. As previously noted in this report, some of the formal investigations may have involved more than one employee or more than one allegation. There was a significant reduction in allegations and the number of personnel that were subject of an Internal Affairs Investigation in 2012. No patterns of conduct and/or policy failures

were noted during this analysis. There are no recommendations as a result of this analysis.

Use of Force

As previously noted in this report, the number of use of force incidents (RCFs) has increased 8% over last calendar year’s total. A review of the types of force used in 2012 revealed that the largest percentage of increase was in the use of OC spray. The Cape Coral Police Department continues to provide training in Verbal Judo, Control Management, and Use of Force on an annual basis. Although there were no identifiable patterns and/or trends, the type of confrontations in 2012 compared to previous years remained consistent. Nonetheless, these findings are certainly noteworthy and will be a focus of our attention in 2013 and incorporated into our use of force training classes.

Traffic Crash/Damage incidents


The number of employee traffic crash/damage incidents increased in 2012 by 26% as compared to 2011 but was 6% less than the 2010 calendar year. However, and more importantly, the number of crashes for 2012 that were found to be “outside policy” was reduced by 35%. The traffic crash/damage reports analyzed have remained relatively consistent with the preceding years. This can be attributed to the Training Unit’s change in curriculum for Tactical Police Driving classes that were held in 2011and again in 2012.

Pursuits

In 2012 there were two police pursuits as compared to one in 2011. The current language in the policy, which was revised in June of 2008, only allows an officer to initiate a pursuit when he/she reasonably

believes the fleeing suspect has committed a “forcible felony” as defined by Florida State Statute which, in both cases described earlier in the report, met that requirement. There were no areas of concern in this area.


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