independent study of middletown police department

INDEPENDENT ASSESSMENT

MIDDLETOWN POLICE DEPARTMENT

600 EAST EMAUS STREET

MIDDLETOWN BOROUGH, DAUPHIN COUNTY,

PENNSYLVANIA

February May 2015

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Table of Contents ABOUT TRANSPARENCY MATTERS, LLC (TMLLC): ......................................................................................... 4

ABOUT THE ASSESSORS: ............................................................................................................................... 6

INTRODUCTION: ............................................................................................................................................ 8

REASON FOR ASSESSMENT: ........................................................................................................................ 11

SUMMARY ASSESSMENT FINDINGS: ........................................................................................................... 12

DETAILED ASSESSMENT FINDINGS: ............................................................................................................. 17

AREA ONE: BUDGETING ............................................................................................................................. 18

DISCUSSION:............................................................................................................................................ 18

NOTES: .................................................................................................................................................... 18

RECOMMENDATIONS: ............................................................................................................................ 18

AREA TWO: DIRECTIVES/TRAINING............................................................................................................ 20

DISCUSSION:............................................................................................................................................ 20

NOTES: .................................................................................................................................................... 20


AREA THREE: EQUIPMENT ......................................................................................................................... 23

DISCUSSION:............................................................................................................................................ 23

NOTES: .................................................................................................................................................... 24


AREA FOUR: FILES AND RECORD KEEPING ................................................................................................. 28

DISCUSSION:............................................................................................................................................ 28

NOTES: .................................................................................................................................................... 29


AREA FIVE: INVESTIGATIVE REPORTING .................................................................................................... 31

DISCUSSION:............................................................................................................................................ 31

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NOTES: .................................................................................................................................................... 31


AREA SIX: PERSONNEL ................................................................................................................................ 34

DISCUSSION:............................................................................................................................................ 34

NOTES: .................................................................................................................................................... 34


AREA SEVEN: PHYSICAL FACILITY ............................................................................................................... 37

DISCUSSION:............................................................................................................................................ 37

NOTES: .................................................................................................................................................... 37


AREA EIGHT: PROPERTY MANAGEMENT SYSTEM (PMS) ........................................................................... 40

DISCUSSION:............................................................................................................................................ 40

NOTES: .................................................................................................................................................... 41


AREA NINE: SCHEDULING AND OVERTIME ................................................................................................ 43

DISCUSSION:............................................................................................................................................ 43

NOTES: .................................................................................................................................................... 43


AREA TEN: TRAFFIC AND NON-TRAFFIC CITATIONS, WRITTEN WARNINGS, AND PARKING TICKETS ........ 47

DISCUSSION:............................................................................................................................................ 47

NOTES: .................................................................................................................................................... 47


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ABOUT TRANSPARENCY MATTERS, LLC (TMLLC):

On May 21, 2010, Lieutenant Colonel John R. Rick Brown, Deputy Commissioner of

Administration and Professional Responsibility was honorably discharged after completing over

twenty-nine years of service with the Pennsylvania State Police. Looking for the next great

challenge, he launched Transparency Matters, LLC (TMLLC) located in Harrisburg,

Pennsylvania.

Mission Statement:

TMLLC is focused on building public trust through developing transparent police

policies (where appropriate and does not compromise officer safety and/or organizational

integrity) and processes that reduce organizational risk and enhance trust within and

outside the law enforcement organization. TMLLC is committed to quality public

service by promoting police accountability, diversity, community education, training,

independent assessment, and monitoring while engaged with law enforcement

organizations and their affected communities.

After his retirement, Lt. Colonel (Retired) Brown began serving on independent monitoring

teams involving federal/state Consent Decrees for the Oakland Police Department, Detroit Police

Department, and the Niagara Falls, NY Police Department.

Lt. Colonel (Retired) Brown has been retained to provide investigative services for the

Municipality of Anchorage, Alaska and made recommendations to the Anchorage, Alaska Police

Department regarding their policies and procedures to mitigate sexual misconduct. Brown is a

Subject Matter Expert (SME) on the Metro East Police District Commission (MEPDC), East St.

Louis, IL project with the Office for Justice Programs (OJP) Diagnostic Center. Brown was a

consultant with the Puerto Rico Police Departments Office of Professional Responsibility.

During his career with the Pennsylvania State Police, Lt. Colonel Brown retained executive

oversight of the operations of the Departments Bureau of Integrity and Professional Standards,

Department Discipline Office, Equal Employment Opportunity Office, Heritage Affairs Office,

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Office of Risk Management/Early Intervention Program, Bureau of Training and Education,

Bureau of Human Resources, Member Assistance Program, and Recruitment and Special

Services Office.

Lt. Colonel Brown was responsible for overseeing the departments reform and accountability

efforts in all areas of personnel misconduct with specific emphasis on sexual harassment/sexual

misconduct, sworn member domestic violence, use of force, and early intervention/risk

management initiatives. Brown led the development of the departments Equal Employment

Opportunity Offices statewide liaison program.

Lt. Colonel Brown served on the Pennsylvania Governors Executive Diversity Council

regarding Commonwealth Diversity Recruiting Initiatives with the Office of Diversity

Management which led to the recruitment of minorities and women for employment. The

diversity effort extended to training and mentoring opportunities for minorities and women in

state government.

Lt. Colonel Brown served on the following Advisory Committees with the International

Association of Chiefs of Police (IACP): Linking Local law Enforcement Internal Affairs

Practices and Community Trust Building, Employing Returning Combat Veterans as Police

Officers, and Police Response to Persons with Mental Illness.

He has a bachelors degree in Criminal Justice from Elizabethtown College and a masters

degree in Business Administration from Eastern University.

Lt. Colonel Brown is a graduate of the 211th Session of the FBI National Academy in Quantico,

Va. and holds a certificate of achievement in law enforcement education from the University of

Virginia.

Lt. Colonel Brown is a member of the International Association of Chiefs of Police (IACP),

Pennsylvania Chiefs of Police Association, Pennsylvania Governors Diversity Council, National

Internal Affairs Investigators Association (NIAIA), National Organization of Black Law

Enforcement Executives (NOBLE), International Association of Ethics Trainers (IAET),

Keystone Technical Institute-Criminal Justice Advisory Committee, and a lifetime member of

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Delta Mu Delta, International Honor Society in Business Administration, Gamma Pi Chapter,

Eastern University, St. Davids, PA.

Brown, who is known as Rick, was honorably discharged after serving four years in the United

States Navy.

ABOUT THE ASSESSORS:

Jon D. Kurtz retired from the Pennsylvania State Police in 2011 having attained the rank of

Lieutenant Colonel. Over a nearly twenty-seven year career, he served in various areas of the

state in patrol, criminal investigation, vice, and administrative capacities. During his tenure as

deputy commissioner of staff, Lt. Colonel Kurtz administered an $850 million budget, oversaw

the agencys technology and communications functions, directed state-wide laboratory services,

developed department-wide standards and policies, and managed the departments research and

development efforts, to include accreditation. While serving in the field, Lt. Colonel Kurtz

oversaw the criminal investigative and undercover functions of the department while assigned as

the director of the Bureau of Criminal Investigation. He also served as the commander of the

eleven-hundred members of Area I, and commander of the four hundred members of Troop H,

Harrisburg. Noteworthy contributions/events include the Camp Hill Prison Riots, creation of the

Pennsylvania Criminal Intelligence Center (PaCIC) and Watch Center, Pittsburgh G-20 Summit,

and command of the 2006 Amish School Shooting in Lancaster County. Lt. Colonel Kurtz is a

nationally recognized speaker on the topic of school violence. He also is a published author of

two crime novels.

Charles Skurkis has enjoyed a variety of career experiences within the criminal justice arena.

He served as an investigator for a district attorney, a juvenile detention center supervisor, and a

probation officer. Most significant, however, was his thirty-three year career with the

Pennsylvania State Police. Retiring in 2011, he concluded his tenure as Deputy Commissioner

of Administration and Professional Responsibility holding the rank of Major. As Deputy

Commissioner Major Skurkis was charged with direct oversight of many components of the

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Pennsylvania State Police including: human resources; risk management; training and education;

heritage affairs, discipline; recruitment; equal employment opportunity; early intervention; and

the Members Assistance Program (MAP). Beyond his assignments as a patrol trooper and then

criminal investigator, most noteworthy were his twenty-six years of investigative and

administrative experience within the realm of the Bureau of Integrity and Professional Standards.

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INTRODUCTION

The Borough of Middletown (Borough) has engaged the services of TMLLC as a police

consultant since July 2014. TMLLC previously assisted the Middletown Police Department

(MPD) with executive search protocols, internal investigations, and now with this project, a

complete and through organizational assessment, analysis, and appropriate recommendations for

improvement. It is important to acknowledge that prior to the official request to conduct this

assessment, Borough officials, MPD members, other law enforcement personnel, and citizens

had expressed concern with the current state of operations within the MPD. Accordingly, the

Borough of Middletown and the MPD are commended for acknowledging deficiencies may exist

and having the institutional will to request and follow through with the recommendations of this

independent assessment.

The following independent assessment (current State of Play) of the MPD is not a judgment of

any single individual or group of individuals within or outside the agency, but more an

evaluation of policies, procedures, and practices in place within the department, which may be

indicative of future success or failure. Though often difficult to separate the agency from its

personnel, the reader is cautioned to assume this agency view as this document is reviewed.

Independent assessments are utilized by an agencys executive(s) to view their organization

through the eyes of others who are familiar with generally accepted police practices and

professional standards. Some benefits of an assessment include:

Discovery of weak directives and/or a weak directive system. A formal system of

directives establishes standards for expected employee behavioral and facilitates

consistency of action.

Review of policies, procedures, and practices to ensure efficient and effective utilization

of resources and compliance with statutes and regulations in a manner that results in

positive community interaction.

Identify training weaknesses that prevent the department and its members from achieving

success.

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Ensure department reporting practices are legally and practically sound and provide for

proper decision-making and resource allocation.

Review of an organizations structure to identify clear chains of command and facilitate a

unified chain of command.

Identify areas of potential agency risk, such as claims of failure to train and failure to

supervise personnel. Addressing identified deficiencies will limit exposure to lawsuits,

conceivably reducing the number of lawsuits and the cost of liability insurance, and the

cost of negative judgements.

Improve confidence in the agency from the public and public officials.

Improve confidence in the agency from within its ranks.

Provide a roadmap for agency success and future sustainability.

All agencies should open themselves to regular assessments or audits. Staff inspections or

audits, concentrating on directives and procedures, and line inspections, focused on field activity

and practice, provide an essential tool for assessment from within. Progressive agencies take the

added step of welcoming assessment from outside the organization. Progressive leaders seek the

best for themselves and their agency.

In regard to the assessment of the MPD, assessors were on site during the period of February 23,

2015 to March 27, 2015. Their findings have been consolidated and memorialized in this

document. For ease of understanding and review, this document includes a table of contents and

a summary of assessment findings prior to presentation of the detailed findings.

In light of the number and breadth of recommendations presented, it is clear that a commitment

to positive change will require financial investment, dedication of manpower, allocation of time,

and other resource outlays from the Borough and the MPD. It is suggested the MPDs Chief and

other appropriate authority prioritize those recommendations to be acted upon and determine the

order in which they are to occur.

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Much too often, complacent organizations and their personnel become resistant to change

Conversely, the most effective organizations continually strive to reinvent themselves and

perform more efficiently. Change is a constant in a successful organization.

As a word of encouragement, during this assessment, Chief John Bey, his members and

employees, and the Borough governing body, were found to be cooperative, forthright, and

welcoming of positive change. These are signs this agency and its personnel are dedicated to

improving their department as well as enhancing their services to the citizens of the Borough.

With this in mind status quo is not an option for the MPD, nor does it seem to be the desired path

of its Chief, members, or Borough officials. In both a general and specific sense, positive change

is needed and, therefore, its associated costs appear necessary.

2015 Transparency Matters, LLC

This assessment report and the accompanying documentation (Attachment #1) were prepared for

the exclusive use of the Borough of Middletown and the Middletown Police Department by

Transparency Matters, LLC. The views expressed are the views of Transparency Matters, LLC

and do not necessarily reflect the views or the opinions of the Borough or the MPD. Information

contained in this document is from a number of sources and, as such, does not necessarily

represent Borough or departmental policy or procedure.

Lt. Colonel (Ret.) John R. Rick Brown

President

Transparency Matters, LLC

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REASON FOR ASSESSMENT

MPD Chief John T. Bey and the Borough Public Safety Committee requested TMLLC conduct

an assessment of following areas of the MPD:

Patrol

Crime

Evidence

Training

Data Systems

Policies

Internal Accountability Processes (Citizens Complaints, Internal Investigations, and

Discipline)

Scheduling and Overtime Usage

Equipment

This project will outline operational and administrative deficiencies found during the review and

the final comprehensive report will include recommendations for change and sustainability.

Adopting the recommendations outlined in this report serves as a road map for positive change

for the MPD. The assessment conducted by TMLLC, and any subsequent corrective action taken

by the MPD, should be completed prior to the investment of department resources seeking any

form of law enforcement accreditation.

All recommendations adopted by the MPD from this assessment should be incorporated into

department directives and all personnel appropriately trained on their provisions.

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SUMMARY ASSESSMENT FINDINGS

The following summary of assessment findings is provided, prior to presentation of the detailed

findings. It is not intended as an exhaustive study, but rather a tool for the MPDs Chief and

Borough officials to use as a reference. This summary follows the same alphabetical format as

the Detailed Assessment Findings section of this report.

Note: For this assessment, the term directive, or its plural directives, refers to the written

form, unless otherwise indicated. This definition is further explained in the Introduction

of Attachment (1).

Area One Budget

Active budgeting is a necessary function of the Chief. This includes involvement in the

creation of the annual department budget, and, at a minimum, monthly

monitoring/oversight.

Creation of an appropriate budget and proper stewardship are crucial steps towards the

goal of obtaining public confidence in the organization and its personnel.

Area Two Directives/Training

A complete and organized manual(s) of directives should be developed, maintained, and

updated as necessary.

The need to index the manual(s) for quick reference is essential for efficient and effective

operations.

All members must be trained in, understand, and have access to department directives.

Directives provide personnel with the departments expectations and lead to consistently

appropriate behavior and action.

Personnel cannot be held to standards that do not exist.

This area will most likely require the most substantial commitment of time. It will also

have an impact upon the success of most other areas.

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Area Three Equipment

Issued Glock handguns should be evaluated for replacement. Age and recurring range

malfunctions were noted.

The department armory and lack of associated directive(s) does not currently serve the

needs of the department.

Both non-expendable and some expendable items should be inventoried at the department

level.

Certified and valuable equipment should be accounted for and secured. A process to

sign-out should be in place.

A detailed directive regarding Taser training, carry, and deployment should be in place.

A detailed directive addressing usage, procedures, and record retention for Mobile Video

Recorders (MVR) should be in place.

A system for maintaining easily accessible fully-charged radio batteries should be

implemented.

Area Four Files and Record Keeping

Administrative oversight is required to bring this area into compliance with statutory and

professional standards.

A specific individual should be identified as the department records custodian responsible

for filing, maintenance, retention, security, and purging of records.

The filing room should be fully utilized and an organizational system developed.

Records distribution and retention schedules must be developed and adhered to.

Review and purging of old files, particularly working case files, is necessary. This

should include submission of all discovered fingerprints cards as required by statute.

This is another area that will require significant effort.

Area Five Investigative Reporting

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Expectations regarding the level of detail required in report writing and appropriate

submission time periods should be codified in directive form and strictly enforced by

supervisory personnel.

Supervisors must conduct complete and timely review of department reports to ensure

compliance with basic investigatory premises, generally accepted policing standards, and

relevant statutes.

Failure to properly or timely investigate citizen complaints can drive a wedge between

the police and the very citizens they serve.

Again, this is an area that will require significant effort.

Area Six Personnel

Create an Executive Officer position, with the rank of lieutenant, that reports directly to

the Chief with the responsibility to oversee the reform effort and administrative function,

assist in drafting MPD policy, assist in dispute resolution, render disciplinary

recommendations, administer the auditing or inspection protocols.

Filling any future vacant positions as soon as possible should remain a priority.

Supervisors need to function as supervisors, not extra patrol officers. The administrative

and supervisory functions of the department are not receiving the necessary attention.

Empowering supervisors and administrators with commensurate authority and

responsibilities will likely provide significant short and long-term benefit.

Dual and cross-training of personnel should occur to ensure all specialized training is not

vested in a few members.

A formal organization chart, evaluation system, and disciplinary system should be

developed.

Area Seven Physical Facility

Building access should be limited to only MPD and authorized personnel.

Storage rooms and open spaces piled with old/discarded files should undergo an item-by-

item review of all materials found within. Organization and consolidation of the

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northeast storage room could provide significant additional working area for the

department.

Permanent female locker space is needed.

Doorbell audio, or similar system, should be extended beyond the secretarys office area

and into the sally port and second floor patrol room. This would allow for the secretary

to perform ancillary duties while fulfilling receptionist expectations.

Area Eight Property Management System (PMS)

Reports contained within the IN-SYNCH RMS should indicate the location and status of

ALL evidence and items previously or currently within the custody of the MPD. This

includes transferring old records from the METRO RMS to IN-SYNCH.

In addition to the custodial officer, an alternate with similar authority in the PMS should

be assigned.

An initial item-by-item inventory of all evidence should be undertaken and documented

with periodic inspections and inventories following.

Firearms, money, drugs, and jewelry must be strictly segregated and secured from other

items.

Area Nine Scheduling and Overtime

Mandatory overtime should be reduced by filling approved vacant positions. Filling

future vacant positions as soon as possible should remain a priority.

Noted again, supervisors need to function as supervisors, not extra patrol officers,

Consideration should be given to employing a full-time secretary/receptionist to remove

many clerical duties from higher paid officers.

The Borough and the Chief need to apply an objective industry-approved formula to

determine overall and specific department staffing needs if deemed appropriate. A

staffing study was not part of this MPD organizational assessment.

Area Ten Traffic and Non-traffic Citations, Written Warnings, and Parking Tickets

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A system of accountability should be in place to ensure all citations are secure and

tracked from officer issuance to court disposition.

Citations and the related IN-SYNCH entry need to be completed fully and properly to

include race information.

The IN-SYNCH RMS should be fully utilized to take advantage of its ability to account

for citations, written warnings, and parking tickets.

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DETAILED ASSESSMENT FINDINGS

Detailed findings are provided in ten major categories which are listed in alphabetical order. The

categories are as follows:

Budgeting

Directives

Equipment

Files and Record Keeping

Investigative Reporting

Personnel

Physical Facility

Property Management

Scheduling and Overtime

Traffic and Non-Traffic Citations, Written warnings, and Parking Tickets

Methodology

Each category is presented in outline form including a heading for Discussion, Notes, and

Recommendations. Discussion contains background information on that major category not

typically known to the layperson. Notes are both positive and negative observations made by the

assessors about that major category during the assessment. Finally, Recommendations provide

steps to be taken in order to strengthen that particular category.

As a note, Area Two - Directives, is a major component of this assessment. As indicated

numerous times throughout this document, an agency without written standards cannot expect

nor demand specific behavior and actions from personnel. With this in mind, Attachment (1),

Directives Review, is included. This attachment provides detailed recommendations regarding

the need for a strong directive system within the MPD.

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AREA ONE: BUDGETING

DISCUSSION:

1. The Chief is provided an annual budget by the Borough.

2. A quarterly expenditures report is to be provided to the Chief from the Borough for

review.

NOTES:

1. A budget form entitled Borough of Middletown, Expenditures Report (Unaudited), as

of: January 31st, 2015 has been provided to the Chief for budgeting purposes.

a. The report contains headings for: Department Expenditures; Current Budget;

Current Period, Year to Date Actual; Outstanding Encumbrances; % of

Budget; and Unencumbered Balance.

b. Department Expenditures are displayed in terms of major categories, e.g.

Payroll Related, Office Supplies, Legal & Consulting.

c. Major categories of Department Expenditures are further reduced to minor

categories or subcategories, e.g. the major category Payroll Related is

broken down into minor categories to include, but not limited to, 01-410-120,

Salary Police Chief; 01-410-121, Salary Detective; 01-410-122, Salary

Detective OT.

d. Some minor categories are not provided a current budget and indicate a

negative balance, e.g. 01-41-120, Salary Police Chief shows no Current

Budget, yet a Current Period expenditure of $557.76 and an

Unencumbered Balance of (557.76).

2. The Chief indicates the Borough is willing to provide budget information in a format

requested by him.

RECOMMENDATIONS:

1. The Chief of the MPD should be an integral part of the establishment and oversight of

the annual budget.

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2. In order to fulfill his responsibility for completion, monitoring, and oversight of the

budget, the Chief should be provided with complete budgeting and expenditure

documents from the Borough Fiscal Department at least monthly. (Bi-weekly is not

out of the question, particularly regarding payroll.)

3. Reference Attachment (1), Section Seven, Fiscal Management, for recommendations

regarding directives related to budgeting.

4. The budget document format provided to the Chief by the Borough Fiscal Department

should include at a minimum:

a. Initial appropriation for each account. This is identified as Current Budget

on the Borough expenditure report.

b. Balances at the commencement of the monthly period. This is not included in

the Borough expenditure report.

c. Expenditures and encumbrances made during the period. This is identified as

Current Period and Outstanding Encumbrances on the Borough

expenditures report.

d. Unencumbered balance. This is identified as Unencumbered Balance on the

Borough expenditure report.

5. A fairly encompassing format might include the following additional categories:

a. Prior period balance after the Current Annual Budget.

b. Percentage of Annual Budget Remaining.

6. At the discretion of the Chief, this report or another may also include reference to

figures for the same period in previous years.

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AREA TWO: DIRECTIVES/TRAINING

DISCUSSION:

1. Most current directives were created either by the prior Chief, Steven Wheeler, or

current Chief John T. Bey.

2. The directives in existence appear to follow a format established by the Pennsylvania

Law Enforcement Accreditation Program (PLEAC) and/or the Commission on

Accreditation of Law Enforcement Agencies (CALEA).

NOTES:

1. MPD directives are documented as Special Orders or General Orders.

2. Existing directives are provided as stand-alone documents.

3. Officers maintain a mix of old and new directives.

4. Examples of directives, both old and new, were located scattered throughout the

patrol room, i.e., tops of cabinets, bulletin board, desk, and officers files.

5. Directives that are in place do not employ any practical indexing.

6. Officers have voiced confusion with regard to applying many seemingly vague

directives to real-time work-related situations.

7. Standards that are not written do not exist, and employees cannot be held to

nonexistent standards.

RECOMMENDATIONS:

1. A complete manual(s) of directives should be developed.

a. Separate manuals may be created specific to functional areas, e.g. field,

administrative, and operations.

b. A much needed operations manual should address expectations for reporting

and filing.

c. All manuals should contain numbered directives, a table of contents, and a

comprehensive index.

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d. Special or General Orders are typically temporary directives that address both

short-term and permanent issues.

i. Directives of a short-term nature should be assigned an expiration

date and purged accordingly.

ii. Issues of a permanent nature should be incorporated into an existing

manual.

e. Each manual should utilize a system of change sheets to track any additions

and/or deletions.

f. Manuals issued to individual officers should be subject to periodic supervisory

inspection to ensure they are up-to-date.

g. In order to facilitate the creation of policies and manuals, it is suggested the

Chief obtain example written policies from an established accrediting agency

such as PLEAC, CALEA, or from an accredited local police agency.

2. A central library (electronic and/or physical) should be established to house all

department directives and archives for historical information related to policy

development, revision, and cancellation.

3. Members should be provided with personal copies (electronic and/or physical) of all

department directives.

4. A general index identifying specific issues outlined within all department directives,

including cross-referencing, should be developed.

5. Training should be provided to all members regarding all new directives and/or

changes to existing directives. Initially it would be advisable to provide training on

ALL directives and subsequently afford remedial training as necessary, e.g.,

mandatory annual in-service training, roll call, etc.

6. Members should be required to document their receipt and understanding of all new

directives. As indicated previously, initially it would be advisable to require

documentation of receipt and understanding for ALL directives and associated

training.

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7. A specific individual (typically the Chief) should be identified as the custodian for

department directives and manuals. As with all records, standards should be

established for creation, filing, security, maintenance, retention, and purging.

8. A suggested list containing existing directives requiring alteration and new directives

requiring creation and implementation is included as Attachment (1).

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AREA THREE: EQUIPMENT

DISCUSSION:

1. Based upon observation, the general condition of MPD equipment appeared

satisfactory.

2. Operationally, technology items such as desktop computers and printers were

adequate.

3. A new landline phone system was recently installed throughout the building

enhancing inter-office communication.

4. Each officer was recently issued a new smartphone.

5. Uniforms are furnished by the department (reimbursement for officers expenses) and

policy ensures replacement for wear and tear.

a. Uniform and Appearance Standards are governed by Special Order 1.

b. Uniform issuance, cleaning, and replacement are governed by Articles 30 and

32 of the Collective Bargaining Agreement (CBA).

6. Each full-time officer is assigned a permanent hand-held radio with unique personal

identifiers recognizable by the Dauphin County 911 Center.

7. The MPD currently has the following vehicles:

a. Four marked cars.

b. Two marked SUVs.

c. Two administrative unmarked cars (Chiefs car and a pool car).

8. All marked cars are of identical vintage and interior configuration, thereby ensuring

officer familiarization with equipment operation. Affiliated radio and computer

terminal enhancements appear adequate.

9. Each marked vehicle includes an installed shotgun and rifle rack.

10. The four marked cars and one SUV are outfitted with mobile video recorders

(MVRs).

11. A former ambulance is being outfitted to serve as a mobile command post for use by

the department and the Boroughs emergency management team.

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12. The station has a separately secured armory.

13. A department quartermaster is responsible for maintaining the emergency equipment

assigned to each patrol vehicle. Assigned officers are expected to notify the

quartermaster if any equipment must be replaced or replenished.

14. Each officer is issued a Glock semi-automatic .40 caliber pistol and a Taser.

NOTES:

1. Several officers indicated their issued Glock pistols had been experiencing jams

during range firings.

2. Four portable weight scales were noticed in the sally port.

a. Haenni Load-O-Meter.

b. Bad was written on two scales.

c. No testing or certification information was noted on any of the scales.

3. Two Automated External Defibrillators (AED) are available.

a. One Cardiac Science AED (manufactured 2010) was located in the sally port.

It appears functional and maintenance components seem up-to-date.

b. The manufacturer suggests maintenance daily, monthly, and annually. No

documentation of maintenance was noted.

c. Department members receive AED training concurrent with annual CPR and

first aid instruction.

d. No department documentation of training was noted.

4. Furniture, computer/office equipment, and other non-expendable items have no

formal accountability at the department level.

5. No formal accounting or requisition process is in place at the department level for

expendable items.

6. Access to the secured armory was not immediately available to shift officers.

a. The only key which could be located was maintained by the off-duty firearms

instructor/armorer.

b. Supplemental ammo was stored in a flimsy cabinet outside the secured

protection offered by the armory.

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c. The armory was in general disarray.

d. Remington 870 shotguns were dirty.

i. Some exhibited rust.

ii. All appeared functional.

e. Bushmaster AR-15s were dirty.

i. Some exhibited rust.

ii. All appeared functional.

f. The environment inside and immediately outside the armory seemed humid.

The garage floor and bottom of cement block walls appeared to have been

moist at one point.

g. No provisions are in place to account for weapon or ammunition removal

from the armory if, in fact, such removal is authorized.

7. A gun safe outside the armory houses a limited supply of spare ammunition.

a. Each officer has been provided the combination and instructions to access the

safe.

b. The safe affords officers a place to store their personal and department issued

weapons when going off-duty.

c. The safe contains a .22 rifle with ammunition for animal disposal.

8. Currently, there is no unmarked vehicle fully committed to the detective assignment,

however, one has been ordered.

9. Certified and valuable equipment is not securely stored and accounted for. There is no

sign-out procedure for stop watches, VASCAR, weight scales, digital drug scale, or

AED.

10. There is no department directive governing the use of Tasers.

a. Records provided by the manufacturer are completed when a Taser is

discharged.

b. Although a department directive requires the completion of a MPD Use of

Force Report, this is not being accomplished nor enforced.

11. MVR audio/video footage is captured on a removable memory card.

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a. There are no directives in place regarding MVRs.

b. Footage is not routinely reviewed by any supervisors.

c. Individual officer discretion determines what footage should be preserved.

i. Events which may develop into court cases are downloaded onto a

DVD and entered into evidence.

ii. Events which are brought to the attention of supervisors, for example

complaints of misconduct, would trigger supervisory intervention to

download applicable footage.

12. Battery chargers/jumpers were noted in the patrol room and two locations in the

garage.

13. Chargers for hand-held radios are not centrally located. Swapping out depleted

batteries for fully charged ones is not regulated.

RECOMMENDATIONS:

1. Issued Glock handguns should be evaluated for replacement.

a. Acquired for use eight years ago.

b. Some were employed in SWAT assignments/training which could account for

150 rounds per month in addition to rounds fired during official department

qualifications and personal officer familiarity.

c. Records of malfunctions should be compiled and considered to enhance

officer safety and reduce agency risk.

2. The armory should be readily accessible to shift officers in the event of an

emergency.

3. Ammunition stored outside of the armory should be moved inside for additional

security.

4. A dehumidifier should be incorporated inside the armory to combat moisture.

5. All weapons should be elevated off the floor to discourage moisture damage.

6. The addition of gun racks/wall mounts would prove beneficial.

7. Sign-out/in provisions should be implemented to ensure weapons/ammunition

accountability.

27

8. All department weapons should be accounted for and regularly inventoried.

9. Cleaning schedules of non-issued weapons and recording thereof should be

implemented.

10. Utilize IN-SYNCH capabilities to inventory expendable and non-expendable

department property.

11. Certified and valuable equipment should be accounted for and secured. A process to

sign-out should be in place.

12. Develop directives specifically addressing Tasers.

a. Carrying and proper handling.

b. Usage, storage, and, maintenance.

c. Medical concerns when employed.

d. Evidence collection and data recovery from the Taser.

e. Training, reporting, and recordkeeping.

13. A system for maintaining easily accessible fully-charged radio batteries should be

implemented.

a. Conveniently located.

b. Include log records for accountability and routine maintenance.

14. Develop directives addressing usage, procedures, and record retention for MVRs with

the emphasis on their capacity to:

a. Document actions and events.

b. Preserve evidence.

c. Enhance officer training.

d. Protect officers from malicious or false complaints of misconduct.

e. Protect the department from civil liability.

28

AREA FOUR: FILES AND RECORD KEEPING

DISCUSSION:

1. Most MPD crime and patrol related reporting is entered, reviewed, and maintained in

an automated records management system (RMS).

2. Prior to 2013, MPD along with most other Dauphin County police agencies utilized

METRO as their RMS. In mid-2013, MPD, in conjunction with other agencies,

transitioned from METRO to IN-SYNCH as the prevailing RMS.

3. METRO and IN-SYNCH are not compatible and information is not shared.

4. A METRO archive is available for legacy information.

5. Calls for service, not requiring escalation to a case (crime and traffic), are maintained

within the new RMS.

6. Escalated calls are maintained as a case (crime and traffic) in the RMS.

7. Officers often print out working files of cases to include the original call sheet, the

case report, list of evidence, and charging documents such as a criminal complaint.

The physical case files require filing and proper final disposition.

8. Traffic citations, non-traffic citations, warnings, and parking tickets can be entered

into the RMS; however, they are issued in physical form. Filing of officer and/or

disposition copies is required.

9. Most on-site files are retained in the patrol room on the second floor of the facility.

10. A small room houses the agencys main filing cabinets.

11. Six, four-drawer lateral filing cabinets are available for standard or large files.

12. Two double-drawer filing boxes are available for traffic and non-traffic citations.

13. A large room committed to miscellaneous storage including ten file cabinets was

situated at the northeast corner of the building.

a. Assorted arrest and investigative files, also known as working case files, were

found in this room.

b. These files remain untouched unless needed by the individual officer for

investigative purposes.

29

c. The files were deposited here during the 2013 relocation of the police

department from the Borough Municipal Building.

d. In addition to the file cabinets, many files are piled haphazardly on top of the

cabinets with little semblance of order.

14. Assorted working case files were also found piled in the first floor utility room

without any apparent order.

15. Assorted working case files were also found in file cabinets and piles in a secured

evidence area located in a garage at the rear of the Borough Municipal Building.

NOTES:

1. Sufficient filing cabinet space is available for storage of physical reports/documents.

a. Many second floor filing cabinets are only partially filled or empty.

b. Ten of the available twenty-four drawers are empty.

2. The majority of filled filing cabinet space is devoted to working files.

3. Working case files within the actual filing room are alphabetical and separated by

juvenile and adult.

4. Many traffic and non-traffic citations on file failed to indicate disposition.

5. A milk crate containing hearing notices and hearing notice logs was found on a filing

cabinet inside the patrol room door.

a. Hearing notices were on file as far back as 2011.

b. Purging seems appropriate.

c. Current process is for the part-time secretary to receive notices and place

hearings on each officers Outlook calendar. The notice is then filed in the

crate in the patrol room behind the officers name.

6. A file bin was located on a bookshelf inside the patrol room door. An overflowing

pile of paperwork filled the bin.

a. The paperwork seems to contain shift specific information in varying formats,

e.g. rosters and fax communications from the Dauphin County 911 Center.

b. Dates examined span from October 2013 to present.

30

RECOMMENDATIONS:

1. The filing room should be fully utilized. Files should not be located in various

secured and unsecured locations.

2. An organizational system should be established, e.g. separate files by purpose such as

administrative, patrol, and crime, then further breakdown by specific report type.

3. Distribution, retention, and purging schedules should be developed for each type of

record on file.

4. A specific individual should be identified as the department records custodian

responsible for filing, maintenance, retention, and purging.

5. Individual sign-out procedures/recording should be considered.

6. MPD should review each working case file, including those located in the storage

room, utility room, and the municipal building, and determine the status of each case.

a. Those with guilty dispositions should be checked for completed fingerprint

cards and photographs.

b. Any file deemed no longer active/required should be disposed of or archived

in accordance with department policies specifically promulgated and codified

to address such a situation.

7. Written directives should be established delineating all new duties, standards, and

expectations.

8. Training should be provided to all members regarding individual responsibilities as

well as all new duties, standards, and expectations.

31

AREA FIVE: INVESTIGATIVE REPORTING

DISCUSSION:

1. An effective reporting system remains the foundation for the efficient operation of any

law enforcement organization. Information gathering and an efficient means to record

it are critical to the core responsibilities of a police agency.

2. Although MPD has a viable resource for the recording of information, namely IN-

SYNCH RMS, the quality and timeliness of entering information into IN-SYNCH is

paramount.

3. A random search of the IN-SYNCH call log beginning in 2013 through the present was

conducted. A sampling of criminal and accident calls was queried and the affiliated

police reports were reviewed. Deficiencies were revealed during our review and are

outlined in the following NOTES section of this area.

NOTES:

1. Almost exclusively, the actual reporting in IN-SYNCH ends with the initiation of the

arrest process.

2. Events such as photographing and fingerprinting accused are seldom reported in IN-

SYNCH.

3. Mailing of completed fingerprint cards to the Pennsylvania State Police (PSP) is not

referenced in the reports.

4. Supplemental or follow-up investigations/reports are not properly assigned by

supervisors utilizing IN-SYNCH.

5. Current MPD practices do not automatically ensure continuing investigative action

and resolution for cases which extend beyond the initial call.

6. On occasion, the initial investigating officer ends their reporting entry with verbiage

suggesting the case would be turned over to a detective for additional investigation;

however, there would be no additional assignment or reporting in IN-SYNCH.

a. Although IN-SYNCH allows for such assignment and further reporting

accountability such as due dates, those aspects are seldom properly employed.

32

b. It should be noted, although IN-SYNCH may not reflect the assignments or

additional reporting, said events may have taken place outside the RMS and

not have been entered in a timely manner.

7. With regard to call logs, IN-SYNCH allows for a supervisor to approve a given call

log by simply checking a box.

a. This is not routinely done.

b. When there is approval, the vast majority appears to be the two sergeant

supervisors approving their own call logs.

i. For example, from January 1, 2015 thru March 9, 2015, there were a

total of 796 calls to the MPD.

ii. Of those, only 144 were approved, 135 of which were assigned to and

approved by the two sergeant supervisors.

iii. The remaining 652 calls have no discernible supervisory approval or

disposition.

RECOMMENDATIONS:

1. Information such as complete name, address, DOB, and race identifiers should be

entered in narratives for each person interviewed in a call/case/investigation.

2. Any reference in the narrative suggesting follow-up activity should result in further

investigative assignment within IN-SYNCH coupled with a plausible due back

date.

3. All follow-up investigations should be reported in IN-SYNCH in a timely manner.

4. The supervisory capabilities available within IN-SYNCH need to be better utilized

and routinely applied to each call/case.

a. Each call needs to be reviewed by a supervisor in a timely manner.

b. If no further investigative action is warranted, the call should be classified

as approved which would effectively close it.

c. Should further investigation be required and/or if the call had not been

already escalated to a case by the investigating officer, the supervisor

should assign a case accordingly along with a reasonable due back date.

33

d. Supervisors must closely monitor due back dates and notify assigned

officers when they fail to comply with the assignment.

e. Supervisors must ensure all necessary investigative and administrative

steps are completed and reported accordingly in IN-SYNCH.

f. The investigating officer and supervisor must decide when a case no

longer requires investigation and assign a disposition. The supervisor

should then conduct a final review within IN-SYNCH and, if the case

qualifies, classify it as completed.

g. Agency criteria for archiving cases should be established and applied

accordingly.

5. Supervisors should review call logs daily.

a. Match with Call Summary Report or Dispatch Record and ensure proper

investigative action was taken.

b. Approve call accordingly.

c. Generate assignment(s) if necessary and assign due back.

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AREA SIX: PERSONNEL

DISCUSSION:

1. The MPD has an approved complement of one chief, one crime sergeant, one patrol

sergeant, one criminal investigator, eight full-time patrol officers (currently two

vacancies), six part-time patrol officers (currently five vacancies), and one part-time

secretary.

2. In 2013, the approved MPD complement was one chief, one crime/patrol sergeant,

two patrol sergeants, two criminal investigators, nine full-time patrol officers, five

part-time patrol officers, a police secretary, and one dispatcher per shift to assist with

paperwork. Prior to 2013, in addition to the above there was one more sergeant

assigned to patrol.

3. The reduction in manpower has occurred through attrition in the face of significant

budgetary constraints as detailed in the Early Intervention Program plan adopted by

the Borough.

4. Since 2012 the MPD has been led by six different chiefs.

NOTES:

1. Anecdotal and statistical information indicates that officer morale is extremely low.

Reasons provided by officers include:

a. Changing/inconsistent leadership since 2012.

b. The perception of a lack of Borough officials support, resulting in a feeling of

distrust.

c. Reduction in manpower and clerical services since 2013, including

disbandment of the local dispatch function, resulting in significant overtime

and associated job dissatisfaction.

d. Change from the old RMS (METRO) to the new RMS (IN-SYNCH) in 2013

and lack of associated training.

e. Inability to access old data (METRO) and new (IN-SYNCH) seamlessly.

35

f. Mismanaged move from the Borough building to the new police station in

2013, resulting in significant disorganization which continues to exist.

2. No formal organizational chart is available for the department.

3. No job descriptions and/or essential job functions or notations (positive and negative)

are available.

4. The Chief maintains secured supervisory files for each officer and the part-time

secretary (employees).

5. Much of the departments specialized training and associated special assignments are

vested in one senior officer.

6. Department disciplinary files are stored with the employees personnel files at the

human resources entity in the Borough Municipal Building.

7. The department Code of Conduct is incomplete with regard to identifying specific

misconduct, associated mitigating factors, and appropriate penalties.

8. Web training is available from IN-SYNC to subscribing departments at no cost to the

agency.

RECOMMENDATIONS:

1. Create an Executive Officer management position (rank of lieutenant, non-bargaining

unit member) that reports directly to the Chief and assists with policy development.

The Executive Officer must also have the requisite authority to make disciplinary

recommendations for consideration as designated by the Chief.

2. Mandatory overtime should be reduced by filling approved vacant positions. Filling

any future vacant positions as soon as possible should remain a priority.

3. Provide additional position specific RMS training to officers and supervisors.

4. Allocate appropriate resources (time and manpower) to reorganize from the 2013

move into the new facility.

5. Specialized training and the associated specialized duties should be spread among

department members, e.g. Motor Carrier Safety Assistance Program (MCSAP),

Terminal Agency Coordinator (TAC), Justice Network (JNET) coordinator, firearms

36

instructor, armorer, etc. All specialized duties should be included within the essential

job functions for that involved member.

6. Dual and/or cross training should occur for all specialized functions.

7. A formal organizational chart should be completed and maintained on file for the

department.

8. Job descriptions and essential job functions should be developed for each

employee/position and be part of their supervisory file.

9. Standardized performance evaluations for each employee should be conducted at least

annually and made part of the supervisory file.

10. A specific individual (typically the Chief) should be identified as the custodian for

department supervisory and disciplinary files. As with all records, standards should

be established for filing, maintenance, security, retention, and purging.

11. Directives should be established delineating all new duties, standards, and

expectations.

12. Training should be provided to all members regarding all new duties, standards, and

expectations.

Footnote: This assessment does not address the specific issue of appropriate complement size.

A further in-depth study would be required, including, but not limited to, such factors as

Borough demographics, number of calls for service, number of self-initiated services, and

average officer time commitment to respond and report for each type call or service.

37

AREA SEVEN: PHYSICAL FACILITY

DISCUSSION:

1. MPD is currently housed in a two-story headquarters.

2. The agency moved from offices within the Borough municipal building to its present

location in early 2013 after carbon monoxide had contaminated their work areas in

the municipal building.

3. Renovations coupled with the existing building layout afford an operational station

environment which meets the current agency needs.

NOTES:

1. A portion of the building proper still houses the Boroughs Electric Department

which presents security issues due to several unsecured access points.

2. The utility room which serves the entire building, including the Electric Department,

is located within the MPDs floorplan. In addition to load centers (circuit breakers)

and water controls, the room contains arrest files stored in a pile.

3. A drive-thru garage area commonly referred to as the sally port is an excellent

enhancement which affords patrols an indoor, secure area in which to stop on station,

deliver prisoners, load equipment into a vehicle, or perform routine maintenance.

Each department vehicle is equipped with a remote garage door opener for

entrance/exit.

4. A large room located in the northeast corner of the station serves as a disorganized

storage area.

a. Access to this area is available from the Electric Department.

b. Based upon interviews, it appears nobody has formally evaluated the

collection of files, records, and assorted property to determine its current

usefulness to the department.

5. Although there are currently no female officers employed by MPD, the anticipated

hiring of several part-time officers in the near future may include a female. The only

38

current locker room is outfitted for males only and does not include provisions for

female accommodations.

6. Visitors to the department enter a front door which leads into a vestibule with a push-

button doorbell.

a. A locked door prevents access from the vestibule into the lobby.

b. The part-time secretary, who also serves as the receptionist, is located in an

office immediately beyond the lobby.

c. The secretary has line-of-sight view of anyone entering the vestibule and

lobby and can control the electronic lock allowing access from the vestibule

into the lobby.

d. The secretary is frequently required to leave her office area to perform clerical

duties throughout the building.

e. The doorbell sounds only in the secretarys office.

RECOMMENDATIONS:

1. The potential for Electric Department personnel or their visitors to access the

department footprint within the building presents a significant security concern.

Those doors which may provide entrance should be secured from the MPD side with

appropriate locking mechanisms to prevent unauthorized entry.

2. The utility room, which is likely to be visited by repair personnel or other individuals

who may not have established authorization, should be cleared of all police reports

and arrest records.

3. The disorganized storage room, located in the northeast quadrant of the building,

should undergo an item-by-item review of all materials. Beyond identifying what

needs to be retained/relocated and what can be discarded, organization of the room

could provide significant additional working area for the department.

4. Although short-term temporary accommodations for the anticipated female officer

may be made available, consideration for permanent provisions should remain a

priority.

39

5. Consideration should be given to extending the doorbell audio beyond the secretarys

office area and into the sally port and second floor patrol room. This would allow for

the secretary to perform ancillary duties while fulfilling receptionist expectations.

40

AREA EIGHT: PROPERTY MANAGEMENT SYSTEM (PMS)

DISCUSSION:

1. The term evidence as used throughout this area also includes contraband and found

property which has been entered into the MPD property management system.

2. MPD utilizes the IN-SYNCH Property Management module to inventory and track

evidence which comes into its possession.

3. A secure evidence room and temporary holding area were incorporated into the

current station as new renovations in conjunction with the 2013 relocation from the

borough municipal building.

4. An orderly system of numbered bins and labeled shelving has been implemented to

codify location and assist in retrieving items entered into the system in the evidence

room.

5. A locking refrigerator and a locking freezer are available in the evidence room as well

as the temporary holding area.

6. The temporary holding area contains twenty temporary holding lockers in which

officers may securely place evidence pending action by the custodial officer to

transfer/log the evidence into the evidence room.

7. Access to the evidence room is managed through one assigned custodial officer

although the Chief also maintains keys.

8. Only the custodial officer manages the actual processing of evidence within the

evidence room and IN-SYNCH.

9. Reportedly, an inventory of evidence was conducted at the time of the 2013

relocation.

a. Considerable evidence has been disposed of.

b. The inventory was not documented.

c. No inventory has been conducted since.

10. Not all evidence data entries have been transferred out of the METRO data system

into IN-SYNCH.

41

NOTES:

1. Evidence is not always processed correctly once introduced into the PMS.

a. Evidence entered into temporary lockers is not being moved into the evidence

room in a timely manner.

b. Documentation on evidence envelopes should be more detailed. IN-SYNCH

labels are available, but often not utilized.

c. Location of evidence is not always reflected accurately within IN-SYNCH.

2. Many older cases require disposition for case and evidence.

3. Plenty of unoccupied space on the shelves.

RECOMMENDATIONS:

1. Evidence placed into temporary lockers must be recorded into the IN-SYNCH RMS.

a. Evidence tag/envelope should be more detailed or an IN-SYNCH generated

label should be attached.

b. Location of temporary holding should be accurately captured in IN-SYNCH.

c. Log sheets on exterior of holding lockers should be completed listing items

placed into the lockers then crossed out as the items are removed.

2. In addition to the custodial officer, an alternate custodial officer with similar authority

in the PMS should be assigned.

3. Evidence entered into the PMS should be dealt with in a timely manner.

a. Evidence in temporary holding lockers should be moved to the evidence room

as soon as practical.

b. Relocation should be accurately captured in IN-SYNCH.

4. A complete item-by-item inventory of all evidence should be undertaken.

a. Verify evidence descriptions and locations.

b. Evidence no longer needed may be properly disposed thereby freeing up

additional storage space.

c. Any seemingly dormant cases which should still be considered active could be

identified.

i. Assign follow-up cases with due back dates.

42

ii. Clear cases when appropriate.

5. Properly organize/utilize the evidence room with separately secured areas for:

a. Firearms.

b. Money.

c. Drugs.

d. Jewelry.

6. All existing evidence maintained in the METRO RMS should be transferred into IN-

SYNCH.

43

AREA NINE: SCHEDULING AND OVERTIME

DISCUSSION:

1. Scheduling and overtime is controlled by the 2013 2016 collective bargaining

agreement (CBA), which has been the subject of collective bargaining and arbitration

for over one year.

2. The departments actual complement is one factor that strategically affects overtime

and scheduling.

a. The MPD has an approved complement of one chief, one crime sergeant, one

patrol sergeant, one criminal investigator, eight full-time patrol officers

(currently two vacancies), six part-time patrol officers (currently five

vacancies), and one part-time secretary.

b. In 2013, the approved MPD complement was one chief, one crime/patrol

sergeant, two patrol sergeants, two criminal investigators, nine full-time patrol

officers, five part-time patrol officers, a police secretary, and one dispatcher

per shift to assist with paperwork.

3. The reduction in manpower has occurred through attrition in the face of significant

budgetary constraints as detailed in the Early Intervention Program plan adopted by

the Borough.

NOTES:

1. Anecdotally, officers indicate the need for overtime to fill shifts has taken a toll on

officer morale and physical well-being.

2. During this assessment it was not unusual for an officer to work four or eight hours of

overtime in addition to an eight hour shift.

3. The Borough expenditure report indicates the MPD has utilized $10,505.57 of the

$175,000.00 allocated for Salary FT Patrolman OT for the 2015 fiscal year during

January.

44

a. It is assumed this category includes all department overtime as it is the only

overtime category provided funding.

b. This represents a 6% use with 94% remaining for the final eleven months of

fiscal year 2015.

c. Continued use at this level will result in an expenditure of approximately

$126,067, leaving approximately $48,933 in this minor budgetary category.

d. Use of overtime typically increases during the summer vacation periods.

4. Scheduling is accomplished utilizing all personnel to ensure two officers are working

per shift.

a. No formal edict requires two officers per shift.

i. Officer safety and community responsiveness are provided as support

for two officers per shift.

ii. Supervisors are scheduled as part of the typical patrol response and

therefore, perform very little actual supervisory or administrative

duties for the department.

5. Scheduling and overtime are controlled by the CBA.

a. Article 7, Work Schedule.

i. A requirement to post an annual proposed schedule seems onerous.

ii. Included language, Tentative and subject to change due

toreasons deemed by the chief of police to require such schedule

change, seems to lessen the burden and, in effect, nullify this

section.

b. Article 8, Overtime.

c. Article 9, Court Time.

d. Article 10, Compensatory Time.

e. Article 11, Temporary Pay.

f. Article 13, Court Time.

g. Article 14, Bereavement Leave,

h. Article 16, Holidays

45

i. Article 17, Personal Leave.

j. Article 18, Annual Leave.

k. Article 19, Shift Differential.

l. Article 20, Sick Leave.

m. Article 30, Family and Medical Leave.

RECOMMENDATIONS:

1. Mandatory overtime should be reduced by filling approved vacant positions. Filling

future vacant positions as soon as possible should remain a priority.

2. Consideration should be given to employing a full-time secretary/receptionist to

remove these duties from higher paid officers.

3. The Borough and the Chief need to apply an objective industry-approved formula to

determine department staffing needs if deemed appropriate.

a. Full-time needs should be filled with full-time positions.

b. The need for minimal patrol staffing should be part of the scheduling

discussion.

i. Minimal staffing requires staffing at levels above those identified by

objective measures, e.g. two patrol officers per shift, when objective

data indicates one would suffice.

ii. Minimal staffing typically occurs to ensure officer safety and to meet

the needs of the public.

c. Supervisors should not be included in the determination for patrol or criminal

investigative needs.

i. Currently, supervisors are utilized as patrol officers.

ii. Very few of the supervisory or administrative needs of the department

are currently being met.

1. No formal directive system is in place, i.e. no standards exist.

Employees are not and cannot be held to non-existing

standards.

46

2. A consistent review of department reports and functions does

not occur.

a. Few reports are reviewed and approved by a supervisor.

b. Report due dates are typically not assigned or enforced.

3. No formal and recurring reviews or inspections of policy,

activities, or equipment occur.

4. Evaluation, training, and discipline by supervisors does not

occur.

5. Only the most basic supervisory oversight is occurring.

47

AREA TEN: TRAFFIC AND NON-TRAFFIC CITATIONS, WRITTEN WARNINGS,

AND PARKING TICKETS

DISCUSSION:

1. Four hundred and fifty-nine (459) traffic citations were issued by the MPD in 2014.

2. One hundred and forty-two (142) non-traffic citations were issued by the MPD in

2014.

3. Written Warnings are issued at the officers discretion.

NOTES:

1. IN-SYNCH has the capability to manage traffic citations, including compiling

statistical reports regarding their issuance.

2. MPD is entering traffic citation information into IN-SYNCH.

a. Race information is frequently absent.

i. Of the forty-seven (47) citations entered for the period 01/01/2015

through 03/09/2015, thirty-three (33) did not include an affiliated race

identifier.

b. MPD is not entering disposition data for completed citations.

3. In most instances of self-initiated traffic citations, officers are either not generating a

call log entry to capture the incident in IN-SYNCH, or the traffic citation is not being

linked to the affiliated call log entry, which had been appropriately generated, at the

time the citation information is being entered into IN-SYNCH.

4. MPD maintained stacks of new (unissued) traffic citations in the file area of the patrol

room.

a. Three packets were found on top of a mail box and three packets in a nearby

filing drawer, of which three packets were broken open each with citations

missing.

b. There appears to be no accountability for their distribution to individual

officer(s).

c. The requisite security for unissued traffic citations is not in place.

48

d. The review team discovered two unissued traffic citations (C2105035-2 and

C2105036-3) co-mingled with a scratch pad and phone directory on top of a

patrol room work table.

5. Written warnings are issued using PennDOT form MV-433A, a two part hand-written

document.

a. Subsequent to issuance, a call log is initiated by the officer and recorded into

IN-SYNCH.

b. Officers maintain the department copy of the warning and are individually

responsible for ensuring compliance with those which require a response back

to the officer such as equipment violations and failure to produce required

documents.

c. It is each officers prerogative as to their methodology of handling completed

warnings.

d. There is no tickler file in place to monitor the issuance and return of written

warnings.

6. Although IN-SYNCH offers the capability of issuing/printing/managing written

warnings, MPD is not utilizing it. It should be noted full utilization would require the

addition of printers in patrol vehicles.

7. IN-SYNCH has the capability to manage non-traffic citations and it appears MPD is

entering the issue information accordingly. However, MPD is not entering

disposition data.

8. MPD maintained two stacks of unissued non-traffic citations in the file area of the

patrol room.

a. Six packets were located on top of a mail box, of which two were broken open

each with some citations missing.

b. There appears to be no accountability for their issuance to any individual

officer(s).

c. The requisite security for unissued citations is not in place.

49

9. Currently, it is possible to issue a non-traffic citation and not take a case number. The

consequences of not preparing a case report arise in UCR reporting whereby the

municipality would not be credited with either the affiliated crime committed or its

clearance by arrest.

10. Parking tickets, mostly paid, were splayed across a desk in the patrol room during this

assessment. No processing activity appeared to have occurred during this time.

RECOMMENDATIONS:

1. Security of unissued traffic and non-traffic citations is necessary.

a. IN-SYNCH offers management and accountability features.

b. MPD should develop and codify procedures commensurate with IN-SYNCHs

capabilities.

c. Distribution of unissued citations to officers should be controlled by a

supervisor.

2. Individual officer along with supervisor responsibilities should be identified and

incorporated into directives ensuring proper utilization of IN-SYNCH with regard to

citation issuance.

a. Complete entries, including race identifiers, should be documented on all

citations.

b. Call log entries should be generated for each traffic citation issuance unless

said issuance coincides with a call or case already in progress.

c. Call log entries along with a case generation should be required when non-

traffic citations are filed/issued.

d. Disposition data should always be entered for completed citations.

e. Supervisory review to ensure the above are adhered to.

3. Directives should be considered to standardize the monitoring of those written

warnings requiring follow-up activity as well as the final disposition of warnings not

requiring any further action.

4. Consideration should be given to utilizing the IN-SNYCH RMS for the tracking of

parking tickets.

ATTACHMENT (1)

Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant

with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by

appropriate legal counsel.

DIRECTIVES REVIEW

Middletown Police Department

February/May 2015

Table of Contents INTRODUCTION .................................................................................................................................................. 2

VIABLE MPD DIRECTIVES .................................................................................................................................... 4

SECTION ONE: BUDGET AND BUDGETING ......................................................................................................... 5

SECTION TWO: COMMUNICATIONS .................................................................................................................. 8

SECTION THREE: CRIMINAL INVESTIGATIONS ................................................................................................. 10

SECTION FOUR: DIRECTIVES SYSTEM AND DIRECTION .................................................................................... 12

SECTION FIVE: EVIDENCE COLLECTION AND CONTROL ................................................................................... 14

SECTION SIX: FORECASTING FUTURE NEEDS ................................................................................................... 16

SECTION SEVEN: INTERNAL INVESTIGATION, DISCIPLINE, AND INSPECTION .................................................. 17

SECTION EIGHT: JUVENILE MATTERS ............................................................................................................... 22

SECTION NINE: ORGANIZATIONAL STRUCTURE .............................................................................................. 24

SECTION TEN: PATROL AND TRAFFIC ............................................................................................................... 26

SECTION ELEVEN: PERSONNEL DISCIPLINE AND GRIEVANCE ....................................................................... 30

SECTION TWELVE: PERSONNEL: DUTIES AND DEPLOYMENT ......................................................................... 32

SECTION THIRTEEN: PERSONNEL EVALUATION PROGRAM ............................................................................. 35

SECTION FOURTEEN: PERSONNEL SELECTION AND DEVELOPMENT ............................................................... 37

SECTION FIFTEEN: POLICE POWERS ................................................................................................................. 39

SECTION SIXTEEN: PRISONERS AND PROCESSING ........................................................................................... 43

SECTION SEVENTEEN: REPORTS AND RECORD KEEPING ................................................................................. 45

SECTION EIGHTEEN: ASSISTANCE TO CRIME VICTIMS AND WITNESSES ......................................................... 47

ATTACHMENT (1)

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INTRODUCTION

This attachment will discuss department written directives. Websters dictionary defines a directive

as an order or instruction; something that serves to direct, and usually impel toward an action or

goal. Policies, procedures, and plans can be examples of directives. For this document, the term

directive, or its plural directives, refers to the written form, unless otherwise indicated.

Directive(s) in written form are typically less open to interpretation and challenge. A robust system

of valid directives promotes professionalism and standardizes behavior. It also contributes to the

agencys goal to provide exceptional service to the community, promote respect and enhance trust

between the department and the public, and provide guidance and support to department personnel.

Each of the eighteen sections in this document addresses a specific administrative or functional area

of the MPD in terms of whether the agency possesses existing directives that appears sufficient to

meet minimum generally accepted police standards, whether the MPD possesses existing directives

that appears to require modification in order to meet such standards, or whether the MPD lacks any

such directive(s). For simplicity, the sections are presented in alphabetical order.

Recommendations for modification of an existing directive or to create a new directive may be

combined at the discretion of the Chief or other authorized party. It is anticipated this may occur

with various recommendations listed under the same section heading, e.g. in Section One Budget

and Budgeting, some or all the recommendations included under the headings Modification of

existing directive recommended and/or Creation of new directive recommended might be

incorporated in one new and/or modified directive, i.e. a totally new directive is not necessary for

each individual recommendation.

In light of the number and breadth of recommendations in this document, any positive change will

require a substantial commitment from the Borough and the MPD, especially in terms of financial

and personnel resources. It is suggested the MPDs Chief and other Borough authority prioritize

those recommendations to be acted upon and the order in which they should be addressed.

ATTACHMENT (1)

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Information regarding model policies for use in the creation of new or modification of old directives

is available from a number of professional law enforcement related organizations, e.g. CALEA

(Commission on Accreditation for Law Enforcement Agencies), PLEAC (Pennsylvania Law

Enforcement Accreditation Commission), and IACP (International Association of Chiefs of Police).

Consideration may be given to accessing the existing directive system of a similar law enforcement

agency that has received accreditation from one of the major recognized law enforcement

accreditation organizations. A strong directive system from a comparable agency can be adapted

for use within the MPD, theoretically saving time, money, and other valuable resources.

Finally, failure to enact a strong directive system that delineates clear and unambiguous standards is

a fundamental failing for any organization, particularly a paramilitary organization such as a police

department. Without standards, or with weak standards, an agency abdicates its need and right to

expect specific behavior and actions from its employees. It also exposes the organization and its

personnel to civil and criminal liability. As important, the agencys employees lack the written

guidance to perform at an exceptional level.

Regardless of the approach MPD takes to implement change toward im

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