2018 FORT MYERS POLICE DEPARTMENT Phase II: 2018 Quarter 2 Report Review of the Patrol Division and Communications Section AS OF AUGUST 17, 2018 FREEH GROUP INTERNATIONAL SOLUTIONS 3711 KENNETT PIKE, WILMINGTON, DE 19807 PROPRIETARY AND CONFIDENTIAL NOT FOR PUBLIC DISTRIBUTION Privileged and Confidential Attorney Work Product CONTENTS 2 Executive Summary ............................................................................................................................... 2 3 Introduction .......................................................................................................................................... 2 4 Methodology......................................................................................................................................... 3 5 Program Review .................................................................................................................................... 3 5.1 5.1.1 Staffing .................................................................................................................................. 3 5.1.2 Review of the Patrol Division Training Program ................................................................... 5 5.1.3 Review of Specialty Units ...................................................................................................... 8 5.1.4 Review of Policies and Procedures Related to Patrol Division ............................................. 8 5.2 6 Operations Bureau - Patrol Division.............................................................................................. 3 Support Services Bureau - Communications Section .................................................................... 9 5.2.1 Staffing .................................................................................................................................. 9 5.2.2 Review of the Communications Section Training Program ................................................ 11 5.2.3 Review of Communications Section Policies and Procedures ............................................ 12 Progress Towards Implementation of FGIS Recommendations ......................................................... 12 6.1 Recommendation #14 ................................................................................................................. 12 6.2 Recommendation #26 ................................................................................................................. 14 6.3 Recommendation #29 ................................................................................................................. 14 6.4 Recommendation #30 ................................................................................................................. 14 7 Quarterly Review of Disciplinary Matters ........................................................................................... 15 8 Conclusion ........................................................................................................................................... 16 1 Page Privileged and Confidential Attorney Work Product EXECUTIVE SUMMARY In 2016, The City Manager engaged Freeh Group International Solutions, LLC (“FGIS”) to conduct an evaluation or Needs Assessment (“the Assessment”) of the Fort Myers Police Department (“FMPD”) to identify impediments to addressing violent crime within the City of Fort Myers (“the City”), and more specifically, within the Dunbar Community. The City perceived a problem and sought a solution, including bringing in outside consultants. Indeed, the City continues to deserve special praise for having the courage to engage an outside, independent firm to come in and undertake a critical review of the Department, especially after the harsh, and sometimes unfair, public criticism that followed the original Assessment. Despite the criticism that has been levied against the City and the Department, there continue to be no restrictions or impediments placed on FGIS, which would prevent FGIS from assessing the Department in an independent and unbiased manner. Crime, its causes and effect, continues to be a concern within the City. Criminal activity related to drug trafficking as well as drug addiction, including theft, robbery, prostitution, gangs, firearms violations and witness intimidation, continue to present a serious threat within the City. The men and women of the FMPD continue to address those issues. The murder of Police Officer Adam Jobbers-Miller is a sobering reminder of the dangers that the men and women of the Department face in their effort to promote public safety and protect the citizenry of Fort Myers. This Phase II Quarter 2 report was completed in July, 2018. However, with the concurrence of the City, FGIS elected temporarily to delay the issuance of this report for several weeks due to the tragic death of Officer Jobbers-Miller. INTRODUCTION FGIS was retained by the City to conduct the Assessment of the Department. The 2nd Quarter Review was designed to focus on the Patrol Division and the Communications Section. As a preliminary matter, the objective of the 2nd Quarter Review was not to assess how many officers, 911 call takers and dispatchers the City presently needs to hire. Rather, the aim was to identify the core services performed by the Patrol Division and Communications Section and thereby assess whether the department currently has an effective process to ensure that staffing levels are sufficient to respond to existing, and anticipated, future demands. In sum, the 2nd Quarter Review revealed that the City and the Department have made significant strides in taking steps to support the Department and the community. 2 Page Privileged and Confidential Attorney Work Product METHODOLOGY FGIS initiated its Assessment by reviewing relevant documentation. Next, FGIS interviewed current and former employees of the Department, law enforcement partners in southwest Florida, city officials and members of the community. In preparing this report, FGIS relied on information gathered during more than one hundred (100) interviews of various individuals. FGIS also reviewed policies, procedures, investigations, administrative reports and electronic databases in furtherance of the Assessment. PROGRAM REVIEW 5.1 OPERATIONS BUREAU - PATROL DIVISION 5.1.1 Staffing When FGIS was first retained by the City, there were two primary objectives of the engagement. First, FGIS was requested to identify impediments to solving the city's homicide investigations. Second, FGIS was asked to make recommendations regarding how the city could better support the Patrol Division. As a result of other, unanticipated matters that required immediate attention during the initial Assessment, FGIS was requested to pursue other matters and the review of the patrol division was delayed until the second quarter of 2018. Since that time, FGIS has conducted more than one hundred (100) interviews, and has reviewed dispatch records, call logs and citizen review response reports. The FGIS review has revealed that the Patrol Division has been chronically understaffed for at least the ten years that have elapsed since the 2008 Buyout. Absences due to the Family Medical Leave Act (FMLA), sick leave, vacation, training schools and transfers to specialty units often result in patrol shifts of 9 available officers, rather than the 15 – 16 customarily assigned to the shift. The city has eight zones and, whenever there are less than 16 officers on a given shift, there are less than two officers assigned to a single zone. The pressure of working a 12 hour shift, under these conditions, can compromise decision making, undermine officer safety, and reduce time for proactive policing and community engagement. The net effect of such officer shortages is that there can be a serious devolution of officer morale. The Patrol Division is the backbone of this and any police department and it must be resourced adequately and managed properly in order ensure that core services are delivered and that the public is appropriately served. The department needs an integrated department-wide strategy to identify and address threats to the public safety. Because the type and nature of the demands on the patrol units are diverse, complex and ever evolving, and indeed, at times, may involve life or death consequences, the core services of the Patrol Division and Communications Section must always be addressed regardless of existing staffing levels. Accordingly, the department's executive staff must ensure that it has a strategic plan, that clearly establishes and communicates priorities and performance measures in order to make effective resource management decisions. 3 Page Privileged and Confidential Attorney Work Product In developing a strategic plan, communication will be critical if the Department wants to eliminate the "us versus them" mentality that developed during years of understaffing and leadership deficiencies. In the past, officers questioned whether the department’s allocation of human resources to the Specialty Units aligned with its priorities for the Patrol Division. Officers believed that the Patrol Division was not being staffed adequately while other parts of the Department, of less importance in the opinions of some, received sufficient resources. In order to avoid these types of opinions and accusations, the Department must ensure that the factors, upon which difficult choices regarding resource allocations are based, are explained in sufficient detail to the rank and file. Such transparency in a strategic plan will assist in making staffing decisions understood throughout the enterprise and, in turn, it will promote a unified force, embracing a single mission. A number of factors have contributed to the continuing shortage of patrol officers at the Department. Prior to 2017, the City did not adequately prepare for emerging demands, leaving the Patrol Division and Communication Section extremely understaffed. The City's efforts to increase staffing through new hiring have been severely prejudiced due to the high level of turnover the department has experienced. Interviewees reported that one factor for the high level of turnover within the Department is that some nearby cities, such as Cape Coral, offer a higher starting salary, better benefits and newer officers receive a take-home patrol car within a shorter period of time. (However, it was also reported that FMPD officers are permitted to use their vehicles to commute anywhere within Lee County, whereas Cape Coral officers are only allowed to use their vehicles within Cape Coral. FMPD officers thus have greater flexibility in choosing a place of residence.) The incentive of a take home vehicle can be an important recruitment and retention tool. At the present time, the City is actively exploring options to improve recruitment and retention including, but not limited to, pay increases, take home vehicles and other potential incentives. One such option might involve affordable housing. It was reported that affordable housing, within the confines of the City of Fort Myers, is difficult to locate. As a result, FMPD officers often commute from Cape Coral or unincorporated Lee County. It is axiomatic that having officers reside in the same city in which they work can have beneficial consequences. The officers become neighbors which can foster a sense of community. In addition, the presence of police officers can create an additional sense of safety. The City has created relocation incentives and is exploring options such as the United States Department of Housing and Urban Development (“HUD”) Good Neighbor Next Door Sales Program, which offers a 50% discount from the list price of a home for law enforcement officers, certain teachers, firefighters and emergency medical technicians who purchase eligible, single-family homes located in certain designated areas. Currently, it does not appear that the Department conducts exit interviews of officers who leave voluntarily to work for other departments or seek other forms of employment. FGIS would recommend that such exit interviews be conducted whenever an officer leaves the Department for other employment. Exit interviews would present an opportunity to identify and understand why a particular officer decided to leave the Department. Although the City began to fund additional positions in 2017, most of those positions remain unfilled, even as new hires continue to be selected, vetted and trained. The problem was exacerbated in 2017, 4 Page Privileged and Confidential Attorney Work Product when three of the department's dispatchers resigned. In 2018, the hiring situation was further complicated when the Department was required to fill 16 school resource officer positions (“SRO”) and two additional positions for SRO supervisors. Although funding for these positions has been approved and they will eventually be backfilled, the Department will be required, on a temporary basis, to transfer officers and supervisors from the Patrol Division, Internal Affairs, Detective Division and Specialty Units to serve as SROs. In 2017, the City hired fourteen new officers. Nine of those positions were funded through the United States Department of Justice COPS Program. However, during the very same time period of time, the Department lost seventeen officers to retirement, termination or voluntary departure, resulting in a net loss of three officers. Recently, there have been some positive advances. The changes implemented by the Chief, in response to the FGIS Assessment, appear to have reversed that previous trend. In 2018, the Department has hired nineteen, new officers and lost only four. Nevertheless, it might be well into 2019 – 2020 before the department has a sufficient complement of trained personnel to perform the duties required by the Patrol Division and Communications Section. The City has made significant progress in dedicating resources to projects that reform the Department and improve equipment, discipline, transparency and leadership at the Department. One obvious issue that needs to be addressed is officer pay. Parity with other nearby law enforcement entities would provide a tremendous boost to officer morale, as well as improve the chances that officers would not opt to leave the Department prematurely. As the City seeks to increase the number of officers that are initially hired, there must be a corresponding calculation and commitment of funds to ensure the investment in officers is not wasted due to an inability to retain officers. 5.1.2 Review of the Patrol Division Training Program Officers complete the basic familiarization and skills training course provided at the Law Enforcement Division of the Southwest Florida Public Service Academy (“the Academy”). The Academy is certified by the Florida Department of Law Enforcement’s Criminal Justice Standards & Training Commission to train students to become Florida State Certified Police Officers. The Academy also provides Advanced & Specialized training courses in order to provide continuing education and training. During interviews, many officers stated that the reason they selected the FMPD was because of the quality of the FMPD officers who serve as instructors at the Academy. The instructors were described as experienced professionals with strong leadership skills. The individuals who were frequently singled out by the interviewees were former Chief of Police Eads, Lt. Doro and Lt. Fields. The interviewees commented that they were impressive instructors and their leadership influenced the recruits’ decisions to join the FMPD. FGIS observed that the quality of the Department’s instructors who teach at the Academy can be an excellent recruitment tool. Several interviewees developed respect for FMPD personnel while at the Academy and that influenced their decision to join the FMPD, as opposed to another law enforcement entity. In many departments, field officers serve as Academy instructors which help officers to develop a sense of ownership of their department. Presently, the majority of the department's instructors are 5 Page Privileged and Confidential Attorney Work Product lieutenants. The Department should also consider opportunities to enable qualified officers and supervisors to serve as instructors. Upon graduation from the Academy, officer candidates who are assigned to FMPD complete an administrative phase in which they complete policy reviews, required tests, risk management requirements and courses, prior to being sworn in as officers. They also complete firearm, body camera, taser, use of force policy and defensive tactics training. The process takes approximately two weeks. FMPD does not provide a post-graduation basic orientation training academy as is required by other local agencies. This is the result of the critical need to fill patrol officer positions. Instead, officers at FMPD must rely upon on the job training. Some of the topics that could be covered in basic familiarization classes include report writing, vehicle operations, and communications using 10 codes, signal codes and officer status. Interviewees commented that recent recruits are lacking even basic knowledge in these areas when they commence their careers at FMPD. Upon being sworn in, new officers are required to complete a three-phase training program. The training program is managed by the Training and Accreditation Unit. Each of the three phases requires extensive supervision and documentation through the department's Power DMS system to ensure new officers are exposed to and introduced to the Department's mandatory training requirements. The Field Training Evaluation Manual establishes expectations and performance measures for trainees, field training officers, shift supervisors and training unit supervisors. Each phase lasts for approximately 15 – 17 days and requires assessments of the new officers and a determination of their suitability for advancement by the FTO, shift supervisor and training sergeant and lieutenant. During Phase I, officers are assigned to a Field Training Officer (“FTO”) and a patrol shift supervisor. During that phase, they are provided basic skills regarding officer safety and familiarization with patrol vehicles, equipment and communication processes. During Phase II, officers begin to participate in police activity, including traffic stops when they are able to develop experience through actual repetitions under the tutelage and instruction of an FTO. During Phase III, officers are expected to develop and demonstrate that they are prepared to serve and protect without the supervision of an FTO. After the completion of Phase III, officers are often provided the opportunity to ride with different specialty units, such as K-9, Housing, and Community Policing to gain additional exposure and awareness. Advancement from one phase to the next, requires the approval of the Training Unit lieutenant, after an evaluation by the FTO sergeant, FTO and shift sergeant. Upon assignment to a shift, officers continue to receive training from their supervisors, some of whom were described as exceptional teachers. Staffing shortages have created a new challenge for the FTO program. Most of the Department's experienced FTOs were reassigned to fill the new SRO positions. This requires the training lieutenant and sergeant to identify and provide training to 10-12 new FTOs. Experienced officers and FTOs described the challenge of preparing new recruits for the risks and responsibilities of serving as patrol officers. Many of the new officers are young and have limited life experience. They are being introduced to a big city crime problem for the first time in their lives. Due to the pressure inherent in the position, the burnout rate among FTOs was reported to be high. In addition, many veteran officers do not participate in the program because the City does not provide sufficient funding to make becoming an FTO an attractive position. Interviewees suggested that there was simply no incentive to assume such 6 Page Privileged and Confidential Attorney Work Product important position with the attendant stressful responsibilities. Consequently, interviewees stated that current FTOs themselves have limited experience. In order to address this situation, the City reported that it is currently creating new incentives for FTOs within the next Collective Bargaining Agreement (CBA). The Department identified the new FTOs based upon qualities that these individuals exhibited and that the Department wanted to replicate in the new officers, including leadership development potential, communication, report writing, and officer safety skills. Efforts have been made to assign the new FTOs to trainees during the Phase I training, during which most of the focus is on familiarization with process and does not require as much field experience. In September, 2018, the new FTOs will attend a formal 40-hour Field Training Officer course at the Academy that is led by two of FMPD's lieutenants. By creating better incentives through the ongoing CBA negotiations, FMPD can make becoming an FTO more attractive. Specialty pay would be one incentive. Another would be issuing a more appropriate vehicle for the assignment. FTOs are typically assigned smaller sedans that do not afford adequate space for the equipment required in the front seat for both the trainee and the FTO. Consideration should be given to assigning larger vehicles, such as an SUV, to FTOs. A third possible type of incentive is to acknowledge that an FTO performs many of the responsibilities of a sergeant. Thus, consideration should be given to affording FTOs some sort of priority status during the promotion process. FGIS has discussed these issues with the City and FGIS is confident that the City is aware of the issues and working to address them. Additionally, the Department should try to alleviate the administrative burden imposed upon the Training Unit, which currently oversees multiple functions in addition to the FTO program. A civilian employee could perform filing and data entry functions that are currently performed by a sworn supervisor. Currently, one sergeant supervises the growing FTO program in addition to many other training responsibilities. There are currently eight new officers who will complete Phase I training in July and advance to Phase II in August. During August, six new officers will commence Phase I training, placing a total of fourteen new officers in a training program and patrol division that are already under a tremendous strain to perform their services appropriately. Given the number of new officer positions to be filled, and the importance of proper training, FGIS suggests that the City request that the University of Cincinnati staffing study examine the staffing level of the Training and Accreditation Unit. Regarding continuing training and advanced training for officers, most officers stated that they believe opportunities are fairly assigned under the new Chief of Police. However, the lack of appropriate staffing makes it difficult for supervisors to approve training for patrol officers. It is not uncommon for a fifteenofficer shift to have only nine officers actually on duty, which creates an undue strain on the shift. Veteran officers reported that the lack of manpower requires the shift to "triage" responses leaving minimal time to conduct investigations and to develop relationships with members of the community. Additionally, because there are so few people who are full time instructors and training supervisors, it is not possible to provide individualized, scenario-based training at the shift level. 7 Page Privileged and Confidential Attorney Work Product 5.1.3 Review of Specialty Units Although the second quarter review did not include an evaluation of the performance of the specialty units, many members of those units were interviewed and their perspectives regarding the integration of work with the patrol division contributed to this report. Given the lack of officers to perform many of the critical functions of the Department, including those performed by the Patrol Division, it is essential that communications and messaging from the command and supervisory staff, across the entire department, inspire support rather than competition between units. It is clear to FGIS that morale has generally improved during 2018. However, the long period of time in which the Patrol Division has been understaffed has caused resentment and consternation within the Patrol Division. Specifically, interviewees expressed frustration at the number of employees assigned to specialty units, or others who were not held accountable when they did not adequately contribute to the mission of the patrol division. Although interviews by FGIS revealed that there has been a longstanding conflict between a few individuals on one of the department's four patrol shifts, it was reported that personnel changes have been made in an attempt to ameliorate that situation. Generally speaking, officers reported that all of the shifts work well together. Given the existing shortage of officers, it is critical that all members of the department perform their functions efficiently and with a sense of commitment to each other and to their shared role in the achievement of the mission of the Department. It was also reported by interviewees that members of specialty units were valued more than patrol officers and that members of specialty units are more likely to be promoted or transferred to other units. Whether that is because members of the specialty units have developed important skills or demonstrated exceptional performance, it is important that the members of the Patrol Division, who serve as the first line of response and face of the Department, are recognized for the service that they provide on behalf of the City. Although members of the Patrol Division stated that they felt that they would be given fair consideration for promotion or assignment to a specialty unit, there was uncertainty among patrol officers regarding the selection process for assignments to specialty units and to acting sergeant positions. Some reported that there were instances in which certain individuals were alerted to the fact that there would be an opening in a specialty unit and asked by members involved in the selection process to apply for the position. Subsequently, an email was sent to all employees soliciting applicants for the position. To some, it appeared that the decision was already made. 5.1.4 Review of Policies and Procedures Related to Patrol Division FGIS reviewed the following General Orders: 15.1 Patrol Operations revised 5/7/2014 It was reported that all of the department's policies and procedures are being reviewed and updated. 1. FGIS recommends that the applicable policies and procedures be re-evaluated after receipt of the University of Cincinnati review. 8 Page Privileged and Confidential Attorney Work Product 5.2 SUPPORT SERVICES BUREAU - COMMUNICATIONS SECTION 5.2.1 Staffing Like the Patrol Division, the Communications Section has also been chronically understaffed as reported in the 2017 FGIS report which stated, "One of the areas of primary concern identified during the Assessment was the lack of staffing to support the Communications Section. The Department prepared an extensive report to the City describing the crisis conditions being confronted by the Call Takers and Emergency Dispatchers. The Department has been required to shut down alternate channels as a result of the high volume of calls for emergency support. During the course of the Assessment, FGIS observed instances in which Call Takers were forced to ignore all citizen calls that were not an emergency. As a result, the phones simply rang. The LCSO has complained that is has been inundated with rollover emergency calls that were not answered by the Department. The risks caused by the understaffing cannot be overstated. Citizens and officers in need of emergency support experienced significant delays in response. Communications Section employees are exhausted, frustrated and actively seeking outside employment. It takes at least ten weeks to train a newly hired Communications Specialists. All possible efforts should be made to retain the ones presently on staff. In December 2015, the Support Services Bureau Lieutenant wrote a memorandum detailing the flight of personnel due to stress caused by understaffing. The crisis created a revolving door of inexperienced personnel. The memorandum concluded: “the Police Department is dangerously close to failing to provide emergency 911 services to citizens of Fort Myers on a 24-hour, sevenday basis.” During the 2018 Quarter 2 Review, FGIS assessed that while progress has been made to improve the leadership and equipment that supports the Communications Section, and that the city has created new positions, the section's staffing shortage remains a critical issue. The core services provided by the Communications Section are performed by the department's Telecommunication Operators (“TCOs”). The TCOs must complete a 232 - hour training program and pass tests that have been approved by the Florida Department of Health in order to handle 911 calls. 5.2.1.1 TCO Level-1 911 Call Handlers There are currently nine TCO level 1 operators that answer the 911 calls received by the Department. In addition to the Department's five emergency lines, it was observed that the TCOs also answer all calls that are received on the department's eight administrative phone lines. Some of the calls on the administrative lines are also emergency calls. At times, there are two or three TCO-1 call takers to answer telephones on each twelve-hour shift. Some of these TCO-1s are in still in the training phase. At other times, there is only one TCO-1 operator available to answer emergency and non-emergency calls. 9 Page Privileged and Confidential Attorney Work Product TCO-1s reported that, under the new leadership, there are typically multiple call takers on a shift, which is an improvement from the past, when there was only one 911 call taker assigned to a single shift. 5.2.1.2 TCO Level-2 Dispatchers/911 Call Handlers There are currently twelve TCO level 2 operators who are responsible for dispatching the calls for service to the patrol division. The dispatchers use a Computer Aided Dispatch (CAD) system which automatically assigns the priority of calls from level 1 – 5, priority 1 being the highest. However, the priority can be manually modified by the dispatcher. It was reported that there were prior instances in which the Communications Section was being directed to lower the priority of calls in a manner which was inconsistent with policy. The department has entered into a contract to purchase a new Mark43 CAD system that should improve performance. However, it is unlikely to be fully operational until well into 2019. The department is also in the process of ensuring calls are properly prioritized and processed as part of the project with the University of Cincinnati. The department has two primary radio traffic channels monitored by the dispatchers. One serves as the primary communication channel, the other is the secondary channel. In the event of an emergency, such as a vehicle pursuit or a robbery requiring the dedication of the primary channel solely for communications regarding the emergency event, all other communications are directed to the secondary channel. Because there are only two dispatchers per shift, one is dedicated to each of the two channels. There have been instances in which multiple emergencies were occurring simultaneously requiring each dispatcher to perform the extremely difficult task of monitoring an auxiliary channel as well as their assigned channel. The dispatchers are all also certified 911 call operators and, when necessary, take calls for service as well as dispatching calls. The dispatcher monitoring the secondary channel also serves as the backup emergency call taker. This forces the secondary dispatcher to make difficult decisions. For example, when the primary channel is being held for a specific emergency, if the secondary channel dispatcher responds to a request from an officer to query whether an individual that they have detained has an outstanding arrest warrant, they are unavailable to answer the emergency telephone lines. If the dispatcher chooses to answer one of the emergency lines, they are required to shut down the secondary channel, leaving the entire department with only the primary channel which has been dedicated to the ongoing emergency. This creates an officer and public safety issue and creates enormous stress for the dispatchers. Similarly, if one of the dispatchers needs a break for any reason, one of the channels is shut down unless a third dispatcher is available. Although there is currently only one unfilled TCO-1 (911 call operator) position, there are currently seven unfilled TCO-2 (911 call operator and dispatcher) positions. There are several factors contributing to this shortage. First, the increase in dispatcher positions did not occur until FY 2018. Therefore, when three dispatchers departed in 2017, there were no candidates in the hiring process to replace them. Secondly, other municipalities pay their TCO level 2 operators four to five dollars per hour more than the City, and under the existing CBA, TCO-2 dispatchers are required to have an associate's degree which excludes some candidates. The job requirements are extremely stressful. Additionally, the lack of staff requires the department to force the TCO-2s to work overtime, thereby exacerbating the level of 10 P a g e Privileged and Confidential Attorney Work Product burnout. The Department has had to resort to paying officers overtime to serve as dispatchers. Third, unlike the TCO-1 call takers, the TCO-2 dispatchers are members of the Police Benevolent Association (“PBA”) union, rather than the International Union of Painters and Allied Trades (“IUPAT”), which is the union for the city's other civilian employees. Because the dispatchers comprise such a small percentage of the PBA's membership, the challenging conditions that impact the dispatchers specifically, do not impact the broader membership of the PBA, and therefore the dispatchers have a limited voice in negotiations. Although, as stated previously, they also take calls, TCO-2 dispatchers are paid less than the TCO-1 call takers. As a result, applicants would prefer to be TCO-1 call takers than TCO-2 dispatchers. Based on interviews by FGIS, it appears that the city is aware of the issues regarding the dispatcher positions and is working to address the TCO-2 recruitment and retention issues through the new CBA with the support of the PBA. 5.2.1.3 TCO Level-3 Supervisors The department currently has three TCO level-3 operator positions that serve as the first line supervisors of the Communication Section. Although two of these positions are in the process of being filled, there has only been one first line supervisor for nearly two years. That challenge is exacerbated by the fact that the Communications Manager position is not filled, although there are three candidates being considered. Given the number of new hires, the lack of supervisors will remain a concern until the supervisory positions are filled. It was also reported that the onboarding of new hires is disorganized and it is not unusual for a new TCO to report for a shift and find that they are unable to login to the department's systems. The onboarding of these new hires needs to be examined. 5.2.2 Review of the Communications Section Training Program The training requirements and responsibilities of the TCOs demand intensive on the job training. It was reported that the 232-hour state certification curriculum does not adequately prepare TCOs to handle emergency calls. The 911 trainer is essentially communicating with the caller through the trainee. Sufficient staffing would make it possible to provide new TCOs with training in a simulated environment, prior to taking actual emergency calls. It takes months of close supervision before a call taker is able ask proper questions and input critical information that can be effectively dispatched to the patrol division. It was reported that this will be improved when the department installs a new 911 call system which will prompt operators to ask specific questions based on the nature of the call. However, at present, the TCO-1s have a tremendously challenging assignment. The TCO-2 staffing shortage and current (CAD) exacerbates the challenges confronting TCO-2 trainers. Unlike the 911 call entry system, the current CAD dispatch system allows for multiple data entry choices. As a result, it was reported that operator training procedures for dispatchers vary from trainer to trainer which creates confusion for new dispatchers. At a time when so many new TCOs are being hired and require training, it is important for the city to ensure there are adequate incentives to recruit TCO trainers. There are currently only three TCO-1s who train every new TCO-1. The department currently has two certified TCO-1 trainers and three certified TCO-2 trainers. Because of the stress, responsibility, understaffing, and lack of financial incentives, it is difficult to influence TCOs to pursue certification as trainers. As stated previously, the city and PBA are 11 P a g e Privileged and Confidential Attorney Work Product hoping to address this issue with respect to the TCO-2 (dispatcher) trainers. However, there appears to be the need for additional dialogue between the city, IUPAT and TCO-1 (911 call taker) trainers. Although the most recent contract increased the rate of pay for the TCO-1s, it appears that there was a net loss in incentive pay for the TCO-1 trainers. Prior to the new contract, there was no written provision addressing incentive pay, however, there was an informal department practice of paying the TCO-1 trainers one extra hour of pay for every day that they trained. Under the new contract, the TCO-1 trainers are paid 5% on top of their base pay. The following may help to illustrate: Prior to new IUPAT contract TCO-1 @regular rate $16 per hour x 1 day trained = $16 incentive pay per day TCO-1 @overtime rate $24 per hour x 1 day trained = $24 incentive pay per day Under current IUPAT contract TCO-1 @regular rate $16 per hour x 5% = $.80 per hour of training x 10 hours = $8.00 incentive pay per day. TCO-1 @overtime rate $24 per hour x 5% = $1.20 per hour of training x 10 hours = $12.00 incentive pay per day. It is clear that the city and union worked in good faith to create a permanent incentive for the TCO-1 trainers by including it in the contract. Nevertheless, the result is an actual reduction in incentive pay. 5.2.3 Review of Communications Section Policies and Procedures FGIS reviewed the following General Orders: 19.1 "Communications Section and Procedures" revised 6/14/2018 19.105 "Waiting Call Notifications" revised 10/10/2016 As stated previously, all General Orders are being reviewed and revised. FGIS recommends that the applicable policies and procedures be re-evaluated after receipt of the University of Cincinnati review. PROGRESS TOWARDS IMPLEMENTATION OF FGIS RECOMMENDATIONS 6.1 RECOMMENDATION #14 The Department should interview and evaluate all existing supervisors based on their leadership ability and past performance in order to implement the Chief’s vision. Undoubtedly, there will be individuals who will resist the changes that must be implemented in order to move the Department forward. The Chief’s greatest challenge will be to identify future leaders who are willing to sacrifice personal ambitions and preferences in order to do what is best for the Department and the City of Fort Myers. 12 P a g e Privileged and Confidential Attorney Work Product Response Officers were generally optimistic that the Collective Bargaining Agreement between the city and the union will result in a fair promotion process for the future. The current agreement expires in September 2018. The shortage of officers on the patrol shifts has led to shortages at the supervisor level. As a result, there were four acting sergeants and one acting lieutenant at the time of this review. All of the individuals serving as acting supervisors have substantial experience. Although the assignment of acting supervisors provides a form of succession plan, there was only one acting lieutenant and no acting captains during the second quarter review. This may be appropriate given the lack of staffing to fill the positions or a lack of candidates assessed presently to meet the required qualifications. There are currently two unfilled captain positions, no unfilled lieutenant positions and six available sergeant positions. In June, 2018, the Department solicited requests from officers seeking to promote to sergeant and lieutenant. There are currently 40 officers who will be considered for the new sergeant positions. There are also 15 sergeants who will be considered for the new lieutenant positions. The Chief has discretion to determine how many to promote and it is likely the promotions will occur during the fall of 2018. The candidates will be evaluated and processed by an outside firm in order to ensure objectivity and the candidate list will remain valid for two years. Additionally, it was recommended that officers from specialty units who receive promotions should be required to return to the patrol division in order to develop familiarity with new technologies and policies that are constantly evolving. In addition to providing an opportunity to train new sergeants on how to be effective supervisors, it would likely improve the department’s future leaders’ appreciation for the work performed under challenging conditions by the Patrol Division. FGIS notes that the significant amount of interest in the new promotion lists suggests that the Chief's efforts to make the selection process more fair and transparent is having a positive effect on would be applicants. However, for some of the officers who were not asked to serve in an acting capacity, there is a perception that those who are currently serving as acting sergeants will have an advantage when the next promotion list is established. Members of the command staff reported that the process for selecting the acting sergeants was done in a fair way and that current sergeants were asked to help to identify their future peers. It may be useful for the Department to develop a process to assist all officers to understand the qualities and experiences that are desired for selection as an acting supervisor. The City is in the process of introducing a new performance evaluation system which will greatly improve the ability of supervisors to assess employees and ensure evaluations are properly conducted. The City praised the supervisors of the Department both for their input into developing the new appraisal system, as well as for the quality of the evaluations they currently provide. It was reported that the evaluations provide specific examples of performance that justified performance ratings. Citizens, public interest groups and city officials expect sufficient information to assess the value of the return on investment in order to justify funding to increase staffing within the Department. Understanding how the Department intends to reduce crime requires effective communication regarding the work that the officers will be performing. Citizens want to know how officers will be 13 P a g e Privileged and Confidential Attorney Work Product supervised and managed and how outcomes will be measured. Officers want an understanding regarding the department’s objectives, expectations and performance measures. Supervisors must be required to develop and improve the performance of officers by creating an environment that promotes productivity and reduces conflict. When an officer’s performance evaluation indicates deficiencies, supervisors must be evaluated regarding their efforts to improve that officer’s performance. Similarly, supervisors who are effective at developing officers should be rewarded for their efforts and encourage others to replicate those behaviors. It appears that the new evaluation system will aid this process. 6.2 RECOMMENDATION #26 The City should conduct a staffing study to determine the number of officers and civilians required to achieve the Department’s long-term mission. Response See combined response to 26, 29 and 30 below. 6.3 RECOMMENDATION #29 The Department should increase the number of Detectives and improve efficiency for these Detectives by eliminating reporting burdens that do not aid investigations and are not necessary for properly documenting investigative activity; standardizing case preparation and presentation processes; assigning detectives to work as partners and holding each accountable for completing logical, investigative steps; eliminating the permanent night shift by placing two detectives and a supervisor on call for a one week period, on a rotational basis. Response See combined response to 26, 29 and 30 below. 6.4 RECOMMENDATION #30 The City should consider hiring additional officers, analysts, technicians, dispatchers and civilians to support patrol, community engagement and the investigative mission. This should be supported by the staffing study. Response to Recommendations 26, 29 and 30 The City has engaged the Institute of Crime Science School of Criminal Justice at the University of Cincinnati to evaluate staffing and help the department to develop priorities, strategic goals and objectives. The project, which is being led by the Department's new Intelligence Unit, will provide the city with a better understanding of its crime problem and will guide decisions regarding where to direct resources in order to predict, prevent and solve crime. The first report released by the ICS related to staffing levels of the patrol force and investigative units. The consulting group employed three different methodologies, one involving comparisons of cities with similar populations and violent crimes levels 14 P a g e Privileged and Confidential Attorney Work Product and two analyzing workloads based on calls for service data. All three of the methodologies revealed that the patrol force of the department is extremely understaffed. It was reported that another component of the ICS assessment will be to conduct an analysis of all calls for service and response time during the past three years. This will help to ensure that calls are being properly prioritized and addressed. The volume of calls processed by the Communication Section and responded to by the Patrol Division significantly influences the staffing requirements of the agency. Any time there is a call for police service, citizens expect that the police will respond quickly and address the problem. Preliminary results indicate that 50% of the city's crime problem is in concentrated areas. With sufficient human and technical resources, as well as intelligence from the study, the Department will be able to more efficiently anticipate crime problems and deploy resources accordingly. The study will help the communications section and field supervisors to prioritize calls and align the police response consistent with the level of urgency of the call. The performance of the Department in this area is critical to determining whether the Department’s human resources are being efficiently utilized. Proper staffing levels and management of resources can reduce the amount of time expended on reacting to calls for service and increase the intensity of resources available to engage in activity that is designed to prevent crime proactively. QUARTERLY REVIEW OF DISCIPLINARY MATTERS Since May, 2018, the city has been assigned 21 new matters through the Citizen Response System (“CRS”). As with the first quarter review, the department continues to trend in the right direction. Of the 21 matters, only four were complaints against officers. Of those four, only one involved an allegation of a violation of policy. The other three were from a single individual who continues to express frustration that two of the officers who were placed on leave after the February 2017 Needs Assessment have not had their matters adjudicated. The one matter that involved an allegation of officer misconduct was properly processed, reviewed and documented. CRS 7316 and 7266 arose from the same traffic stop which led to an arrest in May 2018. One CRS was originated by a member of the City Council seeking clarification regarding the legal basis for the traffic stop and the other was originated as a result of a call to the office of the city manager alleging that the arrest amounted to harassment by the police officer. Consistent with the department's policy, a preliminary assessment (2018-029) was properly initiated. The assessment established that both the traffic stop and the arrest were lawful. During the course of the interview by the Internal Affairs Section, the complainant admitted to making false statements in the CRS. Because the admissions were made during the initial interview, the State Attorney declined to prosecute the complainant. Although the following matters were not related to officer discipline, they were noted by FGIS inasmuch as they demonstrate concerns of citizens when the lack of staffing prevents the department from responding to calls for service in a fashion that meets their expectation. For example, CRS 5138 – 15 P a g e Privileged and Confidential Attorney Work Product involved a complaint that the response time to a 911 call was delayed by 37 minutes. The review by the shift lieutenant revealed that the department responded to 981 calls for service on the date in question. The response indicated that the call was properly prioritized as a level 2 call in which there was a verbal altercation and the involved parties had been separated. Had there been a report of physical violence, the call would have received a higher priority. It was noted that the existing system documents the actual time of a response to a call but does not record the number of calls or the priority of calls holding at a single time. CONCLUSION As the city and the PBA negotiate and replace the existing CBA, which is set to expire on September 30, 2018, it is critically important that they recognize the opportunity to address conditions that have contributed to the shortage of dispatchers and patrol officers. Increasing the number of positions was a critical first step. However, the positions need to be filled. Additionally, the negotiators should consider incentives, such as pay increases and promotion preferences for trainers, in order to recruit and retain the best available employees to serve the Department. The negotiation process presents an opportunity for the Department to recover from a decade of neglect. Moreover, the City needs a comprehensive long-term management plan that anticipates the department's increasing and changing demands, which, in turn, provides funding for an integrated public safety environment. 16 P a g e