MICHIGAN POLICE CHIEFSOFFICIAL PUBLICATION OF THE MICHIGAN ASSOCIATION OF CHIEFS OF POLICE FALL 2020 Law Enforcement Code of Ethics As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent againstPOLICING deception, IN the2020 weak against oppressionSHAPING THE FUTURE or OF intimidationMICHIGAN POLICING and the peaceful against violence or disorder;PLUS: OPINION: ENDING QUALIFIED IMMUNITY and to respect the constitutionalIS BAD PUBLIC rights POLICY of all to liberty, equality, and justice. MMRMA & MACP: Partners in Excellence Providing comprehensive liability & property coverage and superior risk management services to Michigan municipalities since 1980 www.mmrma.org • 800-243-1324 CONTENTSMICHIGAN POLICE CHIEFS FALL 2020.ISSUE 3 FEATURES 10 Ending Qualified Immunity Is Bad Public Policy 12 Financial Scams Targeting Seniors 14 MACP’s New Communication Tool 16 First Responders Children’s Foundation Steps Up to the Plate During COVID-19 22 20 The Truth About De-Escalation 22 Avoiding Counter-Purposeful Early Warning Systems 26 MACP 2020 Award Recipients 32 Resilience: The Virtue that Enables People to Move Through Hardship and Become Better 36 National Officer Safety and Wellness Awards 16 DEPARTMENTS 04 President’s Message 06 Director’s Message 32 08 Accreditation News 38 Member News 44 Supporting Members 46 Advertiser Index 12 PRESIDENT’SMESSAGE These last six months have been unprecedented for law enforcement across the country. It would be an understatement to say that law enforcement has not faced some challenges but as expected, law enforcement leaders and their departments have taken on those challenges and turned them into op- portunities to improve and strengthen our profession. I am proud of the work that the Michigan Association of Chiefs of Police (MACP) and its members have done over this time. The MACP has been a valuable resource for departments across the state in providing assistance on successfully navigating through these uncertain times. The MACP has long been committed to strengthening law enforcement throughout Michigan. Since being involved in the MACP, it has been obvious that it is an association of which we can be proud and one that truly cares about creating partnerships while advancing our profession. It is safe to say that without the support and assistance of the MACP, several agencies would not have the resources and information that is available to them today. Chief Ronald L. Wiles I believe it is a privilege to be part of the law enforcement community. We made a commitment to serve that most people are not willing to make and only those with the highest integrity will be able to uphold that commitment. However, with that privilege comes a great deal of responsibility. We have a responsibility to our departments, we have a responsibility to our communities, and we have a re- sponsibility to ensure our profession upholds the highest standards of professional conduct. President Calvin Coolidge once said, “No one is compelled to choose the profession of a police offi- cer; but having chosen it, everyone is obligated to perform its duties and live up to the high standards of its requirements.” The Michigan Association of Chiefs of Police will be there for its members so we can ensure our profession continues to live up to those requirements. Over the last several months, we have seen calls for increased reporting of use-of-force incidents and nationwide policy credentialing. The MACP has been at the forefront of these issues and has been work- ing with its members on the National Use-of-Force Data Collection project as well as offering agencies the opportunity for accreditation through the Michigan Law Enforcement Accreditation Commission. If you haven’t already, I would encourage everyone to look into becoming an accredited agency. The Michigan Law Enforcement Accreditation Program has been an important program for our profes- sion and is a significant professional accomplishment for our agencies. Accreditation helps to ensure that agencies are compliant with the 108 “best practice” standards which will help departments im- prove their performance and service. The list of agencies participating in accreditation continues to grow across the state. Accreditation is a commitment, but it isn’t something you have to do alone. The “No one is compelled MACP, accredited agencies, and their accreditation managers are eager to help answer any questions to choose the or share any policy suggestions that you may need. profession of a police As a result of efforts from the MACP, Michigan continues to be a leader in the National Use-of-Force Data Collection project. If you are not currently reporting, please get signed up today. Over 90% officer; but having of officers in the State of Michigan are covered in the monthly reporting program. The reporting is quick, easy, and crucial to increase transparency, build public trust and ensure that the most accurate chosen it, everyone is information is being collected on use of force resulting in death or serious bodily injury. obligated to perform None of us can tell what the future holds for law enforcement, but I can tell you that we will get its duties and live up through it. The Michigan Association of Chiefs of Police and its Board of Directors are working hard to the high standards to further enhance our profession and the practice of policing across Michigan. I look forward to working with you and if I can be of any assistance do not hesitate to contact me. of its requirements.” – President Calvin Lastly, THANK YOU for everything that you do to support this noble profession. It is greatly appreci- ated and please continue to pray for our law enforcement officers who day in and day out work hard Coolidge to make a positive difference in our communities. Stay Safe! 4 FALL 2020 We support our Law Enforcement Officers - Thank you for your service. The ONLY Chevrolet dealer holding the State of Michigan and Oakland County Municipal contracts. CHEVROLET POLICE TAHOES IN STOCK READY FOR IMMEDIATE DELIVERY The State of Michigan and Oakland County contracts for Chevrolet vehicles, and has been awarded to Berger Chevrolet exclusively for the current 2020 - 2021 model years. This offer is extended to all municipalities in Michigan. BOB EVANS - DIRECTOR OF MUNICIPAL SALES (616) 575-9629 | [email protected] | WWW.BERGERCHEVY.COM DIRECTOR’SMESSAGE For most of us in law enforcement, 2020 cannot end soon enough. The year started with the threat of the COVID-19 pandemic in early March. On March 10th, the Governor issued her first Executive Order which shut down the state and drastically altered our operations. As we worked our way through the COVID-19 pandemic issues, the nation was rocked on May 10th by the appalling video image of a Minnesota police officer kneeling on the neck of George Floyd as he stated that he couldn’t breathe. Three other officers stood by and did nothing. Though the actions of these officers were condemned by police agencies across the nation, including the MACP, the neg- ative fallout has been widespread. Civil unrest and protests targeting the police have taken place in numerous cities across the country as well as some cities in Michigan. Some of these protests have turned violent, resulting in looting, arson, property damage, injuries, and even deaths. Police officers have been shot at and wounded; Molotov cocktails, bricks, nails, and other objects have been thrown at them; and many have endured Robert Stevenson extensive verbal abuse. However, the fallout that may have the most impact on our profession is the cascade of legislation in- troduced under the label of “Police Reform.” Some of this legislation may be potentially helpful, such as Senate Bill (SB) 945, which would require minimum annual training for police officers. Or the leg- islation that would make social workers or mental health professionals available to assist law enforce- ment in non-criminal police responses. Other proposed legislation would expand MCOLES’s options to revoke the licenses of bad police officers. The caveat is that these initiatives will need to be funded and, to date, that is not happening. Some of the legislation is unnecessary, redundant, or ludicrous. Such as SB 0968, which would ban any use of “chokeholds.” The federal 6th Circuit Court, which includes Michigan, has already ruled that chokeholds are considered “deadly force.” Further, this legislation bans chokeholds under ANY circumstances, even if it is the only way the officer could save their own life, or the life of another per- son. SB 0607 would require all police agencies to have a policy requiring officers to intervene when they see excessive force being used, even though other state law clearly requires an officer to do so. House Bill 5925 would ban the use of all chemical irritants as a crowd control mechanism. Which raises the question of how exactly do they expect us to disperse rioters or unruly crowds? The most impactful However, the most impactful and damaging legislation is the move to remove qualified or govern- and damaging mental immunity for police officers. In Harlow v. Fitzgerald, 457 U.S. 800 (1982), the Supreme Court recognized the need for the qualified immunity defense to protect public officials, including legislation is the move police officers, from the often-frivolous lawsuits that result from their necessary official actions. The to remove qualified Court observed that lawsuits directed at public officials have significant negative societal costs associ- ated with them. For example, lawsuits are costly to defend, they divert the defendant’s attention away or governmental from important public duties, have the potential effect of leading qualified persons to seek other em- immunity for police ployment, and will likely dampen the will of public officials to provide their best efforts to protect and serve the public interest in the performance of their duties.