HomeMy WebLinkAboutItem B: EPD Taser Policy
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GENDA TEM UMMARY
Work Session: Eugene Police Department Taser Policy
Meeting Date: December 16, 2009 Agenda Item Number: B
Department: Police Staff Contact: Chief of Police Pete Kerns
www.eugene-or.gov Contact Telephone Number: 541-682-5102
ISSUE STATEMENT
This is a work session to update the City Council on the Police Commission Use of Force Committee’s
review of the Taser policy.
BACKGROUND
The Eugene Police Department first began exploring the idea of Electronic Control Devices (ECDs),
specifically Tasers, in early 2005. Previous Chief of Police Bob Lehner made it clear that considering
Tasers as a viable use of force tool would entail thoughtful, deliberate research and ample time to speak
with the community. Funding for Taser equipment and training was acquired through grant money, but
would only outfit a limited number of officers during a test period.
Following initial evaluations of model policies and data studies, the department began developing a
draft Taser policy. This coincided with a police shooting of a Eugene man experiencing mental crisis
where less lethal tools available at the time were not effective. This prompted Chief Lehner to ask
the Police Commission for assistance in researching and reviewing the use of Tasers for possible
implementation. A six-member Use of Force Committee was formed with the task of determining
whether this community would see the same benefits by adding Tasers to the tools available to Patrol
officers as have other communities. In addition, the committee was asked to ensure that the policy
would monitor the safety and effectiveness of the device in taking resistive people into custody. The
committee held public forums and invited conversations with members of the community to gauge
the interest of incorporating Tasers into the department.
After exhaustive research and review, the committee developed recommendations on a draft Taser
policy and presented those findings to the full Police Commission. The commission accepted the
committee’s recommendations and in September 2007, forwarded them to Chief Lehner for his
consideration. The final Taser Pilot Project policy was set by Police Chief Lehner, and included all
of the commission’s data point recommendations. Chief Lehner further restricted the policy by
stating that the number of Taser discharges (where the activation is successful) against a person
should not exceed three. This policy was developed for the Taser Pilot Project (January 2008 –
March 2009) and is still in use today.
Taser Pilot Project
Following the training of approximately half of the Patrol Division’s officers and sergeants, 40 Tasers
were issued and the Taser Pilot Project began in January 2008. Equipment and training were funded via
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a no-match federal grant. In August 2008, at the six-month mark of the Taser Pilot Project, the
department presented the Police Commission with a six-month update that covered data from January-
June 2008.
In May 2009, the Police Department presented the Police Commission with a more detailed analysis of
the Taser Pilot Project. This report was a compilation of data and conclusions following 15 months of
the pilot project. One significant result from the pilot project was that more than three-quarters of the
potentially violent encounters that could have resulted in injuries to officers or suspects ended safely by
a display or warning that a Taser would be used. In addition, six incidents where deadly force by the
officer could have been authorized were resolved with minimal injury when the Taser was activated.
Data from the pilot project compared injury rates from OC spray to the rates for individuals where the
Taser was activated or a warning was given that the Taser would be used. The large portion of Taser
incidents resolved simply with a non-contact display and preliminary data from the department showing
a decrease in injuries to subjects and officers was both encouraging and consistent with academic studies
on the use of Tasers in the United States. The department’s Taser report outlined specific next steps in
moving forward with the use of Tasers by EPD, including an emphasis in training in non-violent
techniques to de-escalate potentially violent situations. Existing training opportunities such as Crisis
Intervention training and “Verbal Judo” offer good examples of de-escalation techniques.
Another element of the report’s conclusions included the need for the Police Commission’s review of
the Taser policy. The Use of Force Committee took on this task in June 2009, with a specific focus on
assessing the data from the pilot project phase. The committee created an aggressive work plan to
review the Taser policy, meeting twice each month.
Community Involvement
Since June of this year the committee has met 11 times to review the Taser policy. Significant
community involvement is a part of the review process as each meeting includes a public comment and
public dialogue portion of the agenda (the public dialogue part of the meeting is a unique aspect when
the committee invites all members of the audience to engage in an open conversation at the table).
Defensive tactics instructors from the department assist the committee with their review and
understanding of how policy drives police actions in real life situations. Other commission members not
on the committee have also attended these meetings, as well as the Police Auditor and Deputy Police
Auditor and City Councilors. In addition to meetings sponsored by the commission, committee
members also attended third-party forums to further discuss use of Tasers. These included a City Club
panel and two community discussion groups.
Policy Discussion Highlights
Certain sections of the policy have garnered special attention and thus require more time to vet. The
“Authorized Use of the Taser” section has received a high degree of scrutiny and has been reviewed
over several meetings. Preliminary discussions indicate that the committee may recommend the
threshold of an authorized application of the Taser to be at a higher level than the original policy draft.
The language in the draft states the Taser may be discharged in the following circumstances: when the
officer reasonably believes a person creates an immediate, credible threat of personal injury; or a person
who has been placed under arrest or is so advised but engages in active physical resistance that would
risk greater injury; or a person who flees from arrest from a crime, in lieu of using another force option
more likely to result in injury to the subject or officer, such as tackling or striking.
Coinciding with authorized use of the Taser is the section titled: “Restrictions on Taser Use.” This
section has also been carefully reviewed and as a result a restriction of use against a person at a
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demonstration or protest for crowd control purposes has been strongly suggested. The preliminary
recommendation adds that a Taser shall not be discharged against persons engaged in only verbal or
passive resistance. To clarify some of these terms, a separate section of definitions was also added to
the policy.
Timeline
Currently the committee remains in its review stage of the Taser policy draft. When this review is
complete, the committee will forward its recommendations to the full Police Commission during one of
their monthly meetings (staff predicts this will occur in either January or the February 11, 2009, Police
Commission meeting). Upon acceptance of the committee’s recommendations, with or without
amendments, the commission will forward these findings to Chief Kerns and the Police Department.
The Use of Force Committee will then proceed to review the remaining policies relating to force as
indicated in the Police Commission’s FY10 Work Plan.
Statistics
Between January 1, 2008, and October 20, 2009, (the most recent audit of Taser Reports), there were 47
incidents where a Taser was activated and 138 incidents where a Taser use was warned but not
activated. (These incidents represent less than one percent of all arrests occurring during this time
period.)
RELATED CITY POLICIES
The Police Commission’s policy review of the Taser program supports the City Council’s Safe
Community goal: A community where all people are safe, valued and welcome.
COUNCIL OPTIONS
This is the first discussion by the City Council with the Police Commission regarding the commission’s
Use of Force/Taser Committee. A second work session is proposed once the Police Commission
forwards its recommendation to the Chief of Police.
CITY MANAGER’S RECOMMENDATION
The City Manager has no recommendation as this item is scheduled for discussion only.
SUGGESTED MOTION
No motion is suggested for this work session.
ATTACHMENTS
A. Police Commission Use of Force Committee Material Reference Sheet
FOR MORE INFORMATION
Staff Contact: Randi Zimmer, Police Commission Analyst
Telephone: 541-682-5852
Staff E-Mail: randi.m.zimmer@ci.eugene.or.us
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