Delaware State Police

COUNCIL ON POLICE TRAINING MEETING MINUTES July 19, 2011

The Council on Police Training meeting was held at 9:00 am on Tuesday, July 19, 2011, at the Delaware State Police Academy, Conference Room, Route 13, Dover, Delaware.

ATTENDEES:

MEMBERS

Secretary Lewis D Schiliro Chairman Sec Homeland Security Chief James Hosfelt Vice-Chairman Dover PD Major Charles Simpson Proxy for DSP Superintendent Del State Police Lt. Doug Merrill Proxy for Chief Major McGowan New Castle County Capt. Christine Dunning Proxy for Chief Michael Szczerba Wilmington PD Lt. Mark A Farrall Proxy for Chief Paul Tiernan Newark PD DAG Timothy Mullaney, Sr. Proxy for Attorney General Joseph Biden Attorney General Dr. Dean Betts Proxy for Sec Lillian Lowery Dept of Education Chief Jeffrey Horvath Police Chief’s Council Lewes PD Mayor Carleton E Carey Sr Mayor of Dover Kent County Representative

ADMINISTRATOR Capt. Robert C Hawkins, Jr DSP

LEGAL COUNSEL Michael Tupman DAG C.O.P.T. Meeting Minutes

Tuesday, July 19, 2011

Delaware State Police Academy Route 13, Dover, Delaware Meeting called to order by Chairman Schiliro at 9:00 AM. I. Review and approval of April 19, 2011 COPT meeting minutes. Chairman Schiliro entertained a motion to approve the minutes of the April 19, 2011 COPT meeting. A motion was made by Dr. Dean Betts to approve the minutes of the April 19, 2011 COPT meeting. Seconded by DAG Timothy Mullaney Approved unanimously. II. Certification of Officers Chairman Schiliro entertained a motion to approve the certification of Adam Hall and Melissa Fox, DRBA. They have met all COPT Requirements and have passed the COPT Exam. A motion was made by Chief Hosfelt to approve the certification of Adam Hall and Melissa Fox. Seconded by Chief Horvath. Approved unanimously.

III. Re-activation of Officers Chairman Schiliro entertained a motion to approve the re-activation of Laura Giles, Elsmere PD. A motion was made by Chief James Hosfelt to approve the re-activation of Laura Giles, Chief of Elsmere PD. She has met all the COPT Requirements for re-activation. Seconded by Lt. Doug Merrill. Approved unanimously.

IV. Decertification A. Jonathan Kendall Harrington PD Chairman Schiliro entertained a motion to approve the decertification of Jonathan Kendall. Mr. Kendall did not request a hearing and can be decertified administratively. A motion was made by DAG Mullaney to decertify Jonathan Kendall. Seconded by Chief Hosfelt. Approved unanimously.

B. Valerie Robinson-Palacio, Michael Whaley, and Lance Willey DSP Chairman Schiliro entertained a motion to approve the decertification of Valerie Robinson- Palacio, Michael Whaley, and Lance Willey. They did not request a hearing and as part of their plea bargain they gave up their COPT Certification. As such they can be decertified administratively. A motion was made by Chief Hosfelt to decertify Valerie Robinson-Palacio, Michael Whaley, and Lance Willey. Seconded by Chief Horvath. Approved unanimously.

C. Brian Talley DSP Chairman Schiliro entertained a motion to approve the decertification of Brian Talley. Mr. Talley did not request a hearing, as part of his plea bargain, he gave up his COPT Certification and can be decertified administratively. A motion was made by Chief Hosfelt to decertify Brian Talley Seconded by Mayor Carey. Approved unanimously.

V. New Business A. SORT Course; to be certified. Capt. Hawkins presented a basic SWAT course syllabus developed by Firearms personnel that will be held in the State of Delaware. The most important points: a) compares with those courses held out of state, b) would be presented twice a year, c) would save departments money e) can utilize local trained officers, and d) would help fill vacancies quickly. Sec. Schiliro asked that this course also incorporate a CMT component in the training. Sec. Schiliro entertained a motion to certify the SWAT course with the incorporation of the CMT component. A motion was made by DAG Timothy Mullaney to approve the SWAT course but to note that this course does not preclude any department from using their existing training courses they have used in the past for SWAT . Seconded by Chief Hosfelt. Approved unanimously.

B. Update: COPT Minimum Standards Firearms Qualifications Capt. Hawkins presented changes being sought by the states certified firearms Instructors to the COPT Firearms training section of the COPT manual. After much discussion the Council agreed to the changes. Sec. Schiliro entertained a motion to approve the changes as presented. A motion was made by Chief Hosfelt to approve the changes as presented. Seconded by Dr. Dean Betts. Approved unanimously. Adjournment. Next meeting Tuesday, October 18, 2011.

11.0 Firearms Training 11.1 Firearms training defined: Weapons training conducted at a facility and by an instructor certified to teach such subjects by the Council on Police Training. A minimum of 80% must be obtained to be qualified with the approved handgun. The method of scoring and target selection will be determined by the instructor. ACADEMY TRAINING 11.2 Duration and curriculum: The curriculum will include classroom lectures on use of force, safety, nomenclature, care of weapons, police combat tactics and marksmanship. Range instruction emphasizes the practical application of police weapons related to actual combat conditions. The range officer of the involved training facility will attest to the qualifications of the respective officer. The officer must qualify with weapons assigned the individual officer. Officers must obtain an 80% qualification score on a minimum of three (3) separate Council on Police Training qualifications courses, with each weapon system, under each lighting condition, specific to the weapons course of fire. 11.3 Depending on the number of persons being trained, and considering the amount of experience, or lack of experience the training population has with firearms, the training period will vary in time, but will consist of at least but not limited to 40 hours. 11.4 Non-Qualification: Should an officer initially fail to qualify, that person would be permitted one (1) additional opportunity to attain a qualification score. Scheduling for the additional attempt will be conducted at the convenience of the firearms officer. Under no circumstances, will an officer be permitted to carry a firearm on duty unless certified as per the requirements of Section 8404 of the Council on Police Training. OFFICER RECERTIFICATION HANDGUN 11.5 As authorized by 8404(a)(5): In order to retain certification, all police officers in the State of Delaware must receive recertification in firearms proficiency annually. The recertification must be conducted by a Council on Police Training certified firearms instructor. Each officer must recertify annually with each weapon system carried on duty per the Council on Police Training standards. 11.6 A minimum of three (3) re-qualification shoots per year, scheduled on at least two (2) separate days, with at least 90 days between scheduled shoots required. Of these three, there will be one (1) mandatory night shoot. Simulation is permitted and it may be combined with a daylight shoot. 11.7 Each training session shall consist of one minimum standard Council on Police Training handgun requalification course consistent with that lighting condition. An additional 50 rounds shall be fired for proficiency training. This is a total of 100 rounds per shoot as a minimum. 11.8 The Chief of Police shall forward to the Administrator, documentation of annual firearms recertification for each officer under his/her command prior to March 15 of the new calendar year when the Manpower survey is due. (See Section IV. Forms) 11.9 All training ammunition shall be comparable to issued service ammunition in performance specification. Service ammunition shall be collected annually and replaced with new ammunition. The collected ammunition may be used for training. All shooting is to be completed with authorized/issued weapons and equipment. 13 DE Reg. 840 (12/01/09) 12.0 Minimum Standards Firearms Qualification 12.1 Handgun (Day) A minimum of three qualification shoots per year, scheduled on at least two separate days, with ninety days between qualification dates. Of the three dates, there will be one mandatory night shoot qualification. Simulation of night shoot is permitted and the night shoot qualification may be combined with a day shoot. All training ammunition shall be comparable to issued ammunition in performance. Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification. A minimum of 150 rounds of ammunition will be fired annually for proficiency training. This ammunition will NOT include the ammunition required for qualification courses. A minimum of 80% must be obtained to be qualified with the approved handgun. The method of scoring and target selection will be determined by the instructor. All qualifications are to be completed with authorized weapon and equipment. (Holsters, speed loaders, pouches, etc.) Shooting will be conducted annually using the flashlight for target illumination and identification.

MINIMUM STANDARDS FIREARM QUALIFICATION AND REQUALIFICATION COURSE FOR STATE OF DELAWARE COUNCIL ON POLICE TRAINING. HANDGUN / DAYLIGHT

YARD LINE COURSE OF FIRE TOTAL ROUNDS

25 yds or Greater Behind Cover, Two Different Positions 9 15 to 7 yds Advancing Towards Cover 9

7 yds Standing or kneeling, centered behind 12 barricade. Firing left and right of barricade

5 yds or Less Backward movement 6

5 yds or Less Lateral Movements 8

5 yds or Less One Hand Reload, Strong/Weak Hand 6 Only

TOTAL OF FIFTY ROUNDS

The instructor will determine how many rounds are fired on each command. 12.2 Night shoot, off duty or Concealed Carry Standards for H.R. 218 These are minimum standards and shall not prevent any police department from establishing more strict or additional rules or regulations to qualify to conceal carry a firearm on or off duty.

MINIMUM STANDARDS FIREARM QUALIFICATION AND REQUALIFICATION COURSE FOR STATE OF DELAWARE COUNCIL ON POLICE TRAINING. HANDGUN NIGHT, OFF DUTY WEAPONS, RETIREE CONCEALED CARRY STANDARD FOR H.R.218

15 to 17 yds. Advance Towards Target 9

7 yds Standing or kneeling, centered behind 16 barricade Firing left and right of barricade

5 yds or Less Lateral Movements 12

5 yds or Less Backward movement 6

5 yds or Less One Hand Reload, Strong/Weak Hand 7 Only

TOTAL OF FIFTY ROUNDS

The instructor will determine at what distance, in what manner, and how many rounds are fired on each command. If the officer carries a weapon off duty, different from his duty weapon, the officer must qualify a minimum of once annually and obtain a minimum of 80% score. Retirees must meet the same standard, and must qualify with each weapon they intend to carry. Retirees must also maintain familiarization with current laws and all legal opinions pertaining e policies.

12.3 Basic Patrol Long Gun Minimum Standards LONG GUN Long Gun Defined: Patrol level weapons designed to be fired from the shoulder including rifles, carbines, and shotguns.

The long gun course is not designed to replace training relevant to specialty weapons such as sniping marksman and select fire weapons. It will be incumbent upon each department to provide specific training for these weapons systems.

Departments using long guns will follow the same State of Delaware Council on Police Training standards as with handgun except for rounds fired and lighting conditions. Departments using long guns will fire a minimum of thirty rounds (30) rounds of ammunition for proficiency training per year. This ammunition will not include the ammunition required for qualification courses.

Departments using long guns are required to qualify on each type of ammunition that is issued (i.e. 00-buck and slug).

The “low-light” shoot will be conducted after dusk or indoors with lights off.

Minimum standards firearm qualification and requalification course for State of Delaware Council on Police Training. LONG GUNS DAY AND LOW LIGHT

3/Greater Two Different Positions, Three Different 10 Distances

TOTAL OF TEN ROUNDS

The instructor will determine at what distance, in what manner, and how many rounds are fired on each command depending on what weapon system is used and the capabilities of the ammunition and the light condition.

13.0 Firearms Instructor Retraining Firearms instructors certified by the Council on Police Training shall receive approved updated instructors training of at least 8 hours no less than every three years. This training will cover but not be limited to: Legal updates Use of Force Review of COPT Standards To maintain certification, firearms instructors must attend a minimum of one (1) recertification course (8) hours every three (3) years and complete sixteen (16) hours of additional training in firearms usage or complete sixteen (16) hours of academy level instruction, or a combination of training and instruction in the same three (3) year period. The head of the police department shall provide documentation of the required updated training to the COPT Administrator for inclusion in the instructor’s training records. No Firearms instructor shall be employed by any police agency for purpose of certifying personnel unless the instructor has been approved by the Council on Police Training.