Public Safety Arming Open Forum

Jason Friedberg,

Chief of Public Safety

November 1st 2007

Brief History• Hired 16 months ago

– Director vacated the position 1 year earlier

• Goals of:• Define who DPS is• Redefining what is to Bucknell

» Professionalizing the department » Optimize performance – workflow & accountability» Transforming it into the exemplar for small colleges

Public Safety departments

• Charged with reviewing ALL matters of safety and security

• Community and its members• All Buildings and property• Life/Fire Safety

Brief History

• Broaden the spectrum of services– Look beyond law enforcement

• Emergency Planning• Life/Fire Safety

• Become a value add – Educational programming– Department Liaison Program

• Officers must choose department or group to affiliate with

• Give back to the community– Committee involvement

• SATF, SSF, ACC, Hiring Committees, IFC, BSG, etc

– Regional/National involvement• UCCJAB, UCCAC, NCJTTF, IACLEA, NECUSA

Educational Programming

• Ongoing– Floor Programs

• Taught in residence halls on a number of topics– Spring Break safety, gambling, credit, identity theft, etc.

– Life & Fire Safety/ Risk Management • Event Management training

– All Greek and athletic organizations

• Broad appeal & Specialized – Matt Bellace (November)

• Keynote speaker for national DUI conference – Regional Educational outlet (MPOETC)– Nickel Mine Response Presentation (December)

• Chosen as only location in Central PA– NSRO (national school resource officer)

• Bucknell hosted, with regional attendees

Accomplishments

• Formalized Command Structure – Captain– Dividing the Lieutenants into – Ops & Admin– Detective (only full time in local areas)– Shift Sgt’s

• create increased professionalism and accountability across all shifts

*** Three are past Chief’s one ran a barracks in Philadelphia

• Increased Pride and Stakeholders – Reinvent the methods and delivery of services– Reintegrating officers into everyday life & activities– Created exemplification program (education & exercise)

• Was featured in Campus Safety Magazine– Commitment to customer service & cooperation– Reevaluate and updated protocols & procedures

Accomplishments

• Developed new recruitment & retention program– All officers are Act 120 Academy trained

• Next slide

– Reevaluation & Classification• Job, education & training requirements• Equity evaluation & increase to match peers

– Newest additions • Four, active fulltime officers from other departments• One is certified fireman who is Life/Fire Safety officer

ACT 120 & Training• Pennsylvania police officer training standard (P.O.S.T)

– Certifies you to work in any state in the US

• MPOETC* police academy – 750 hour Academy which all municipal police officers are required

to pass prior to being certified to work. • They also attend 40 hours of lethal weapons training to

become certified in PA.

• In the Commonwealth, there are 14 State Universities, 4 State-Related Universities and 8 Private State-Aided Universities that fall within the definition as qualified to maintain Act 120 officer certifications.

* Municipal Police Officers Education Training Commission

Training – Additional (in-house)

• Police Powers and Jurisdiction• Cultural Diversity & Sensitivity• Security Techniques• Report Writing• Police Ethics• Customer Service• Suicide Prevention• Sexual Harassment/Workplace Violence Awareness• Traffic Control• Crime Prevention• National Incident Management (NIMS)• ACT 235 (Lethal Weapons)• Fire and Medical Emergencies• First Aid, CPR, and AED – Bi-annual • PR-24 Baton Techniques – Bi-annual• Handcuffing Techniques – Bi-annual• Unarmed Self-Defense – Bi-annual• Oleoresin Capsicum (Pepper) Spray Training – Bi-annual

Training – Additional

• MPOETC only requires one firearms qualification per year.– Static, staggered range, daylight, undercover

• If armed Bucknell officers would attend three sessions per year– State required– Dynamic situation training– Night, Strobe-light training

• Vehicle stop situation

Authority & Jurisdiction• Private Police Act

– Under Pennsylvania statute, 22 P.S. § 501(c), public safety officers at private universities are sworn police officers in the county in which the university is located. They have all of the powers of arrest that any municipal or state police officers has.

– Once appointed, and having taken the oath, officers possess and can exercise all the powers of a police officer in the Commonwealth of Pennsylvania. If called to testify (in court or such other proceeding) as to their authority, officers must explicitly state that they have been appointed and have taken the oath as a police officer as provided for under the Private Police Act of Pennsylvania (Title 22, Section 501).

– When on duty, officers shall wear a metallic shield (badge) with the words “special officer” and the name of Bucknell University inscribed on the shield (see 22 P.S. § 501(c)).

• Jurisdiction– “in and upon, and in the immediate and adjacent vicinity of, the

property of [Bucknell University].” 22 P.S. § 501(c). Up to 500 yards.

– This includes all streets and roads, public and private, contained therein.

Arguments – Supporting Opinions• Forty-four (44) states have enacted separate legislation to

oversee campus law enforcement– virtually all departments have the same powers as municipal

law enforcement– differing only in the geographical restrictions placed upon those

officers.

• The field of campus law enforcement has professionalized– A need for higher quality personnel to service a unique

population– Public Safety officers, as well as their municipal police

counterparts, are viewed as equals in the field, and can join all professional organizations

• Arming the Department of Public Safety is the most efficient and effective response to a critical incident on campus– Our officers are the principal entity for insuring safety and

security– The closest agency for any emergency call that may arise– Can respond not only quickly, but also appropriately to a critical

incident is of paramount consequence.

Arguments – Supporting Opinions• Crime Trends

– Pennsylvania’s Annual Crime Report for 2005 and 2006 shows• upward trend in the crime rates 7% overall and 20% for violent

crime in just two years. This report includes Bucknell which is required to submitted to the FBI a uniform crime report each year

• DA Johnson states “crime has risen 88% in Union County in the past 12 years”

– The 2005 crime statistics shows roughly 25 % of all reported crimes in Union County occurred in the jurisdiction of Bucknell

– Additionally, maps of crime in the vicinity of Bucknell University shows that Snyder County has one of the highest rates of crime per officer in the State

– Numerous incidents in the local area that occur on a daily basis that could be used to highlight the increase in crime and criminal activity. Examples of this would include:

• In May, a former Bucknell student was arrested & prosecuted for attempted murder, the gun was in his house on 4th street

• Latin King Gang member arrested during a traffic stop carrying a 9mm, serial number filed off, under his seat.

• Both were Lewisburg residents that lived within walking distance of Bucknell.

Arguments – Dissenting Opinions

• Low crime statistics and the “it’s never happened here” argument

– Dan Korem, “Rage of the Random Actor”, 2002 developed a list in 2002 of 35 high risk schools and notified them. Within 3 months two campuses were visited by homicidal actors.

• Schools were “Manager” types; – Confident populations, predictable day-to-day operation

– The 2006 Bureau of Justice Statistics, “Indicators of School Crime”

• Shows a marked increase in criminal participation and exposure to crime in primary schools students has increased markedly. (spiking up in 2005)

• Rural school crimes almost matching exactly those of the urban environment.

– Other studies also suggests many are lacking social skills to deal with issues and turn to violence, carrying weapons and using them to solve their problems. These students are now entering college

Arguments – Dissenting Opinions

• That arming public safety introduces a higher risk of shootings; officers may over-react to the situation or that a student may disarm the officer.

– Today, weapon holsters can be used that are manufactured with firearm retention in mind; making it more difficult for an offender to remove the officer’s weapon. Level 3 or 4

– The belief that bringing a weapon into a situation would increase the likelihood of a student disarming an officer, will require the same scrutiny for municipal police who break up parties in a setting adjacent to the University.

Arguments – Dissenting Opinions

• The presence of armed public safety officers means that the campus is a dangerous environment; cultivating the notion of a “tarnished” or diminished learning environment which might be feared to cause low enrollment numbers.

• Contrarily, almost every Ivy League and Colonial Colleges in the United States staffs an armed department.

• Further, the armed University Police Department of Yale was created in 1894; seven years after the Yale College became Yale University.

Case Law• Constitutional Torts under 42 USC § 1983,when a

private police or a public safety officer is licensed or commissioned by any state or local regulatory agency– It can be said that he or she is acting “under the color

of law” and can be held liable for his or her actions under 42 USC §1983.

• Mullins v. Pine Manor University, 389 Mass. 47 (1983), the university sought to reduce Pine Manor’s liability where a student was raped in her dorm room by an unknown assailant. – The Court held that the university owed a duty to its

students to exercise due care to protect them from foreseeable harm. The Court held that the university had been negligent in establishing its security on campus and that the sexual assault was a foreseeable result. This could easily be paralleled for arming.

Case Law• West v. University of Wisconsin-Oshkosh (et al), in a

federally arbitrated grievance filled with OSHA, the University of Wisconsin was in violation by “not providing the law enforcement officer… firearms as a necessary tool or piece of equipment to safely carry out their duties,” adding further that “law enforcement officers shall be provided with firearms.”

– This case overrides the right of the university’s President or Chancellor to “determine the equipment and tasks that he assigns… police officers,” citing that “without warning… a police officer [may need] a firearm to safely perform his or her duties.” Pennsylvania is an OSHA compliant state.

• In Commonwealth v. Kneer, 743 A.2d 942 (Pa. Super. 1999), a person charged with burglary, criminal trespass and other related charges was able to suppress certain evidence, including the identification of that person, provided by the arresting officer from Bucknell University because the officer failed to state that he was a police officer or adequately state his authority as a public safety officer.

– For such these reasons, when entering a building or room for law enforcement reasons, officers must announce themselves as “Bucknell Police.”

Workplace Violence

• PFA (Protection from Abuse) Order– At least ½ dozen active at any time

• Required to act, most violent• “openly in the presence of witnesses, including law

enforcement threatened her life”

• Armed gunman, with a PFA, came onto campus– Loaded shotgun with the intent of killing his wife– Entered the Langone Center but could not find her– Attempted to kill himself in the parking lot

• Man with a knife held up the equipment room manager at the Field house

Response Times

• The staffing levels per shift are based on a department at full staff; Lewisburg and Union County Sheriff are currently not at full complement.

• The “Best” and “Worst” case response times assume that units are not involved in their own calls. Both Lewisburg and East Buffalo Police Departments’ “Worst Case,” are represented at 41 minutes, despite a reply of 10 to 15 minutes– Resulted from their inability to respond to Bucknell for an armed

incident that occurred in a residence hall two years ago

Response Times• It should be noted that only Williamsport Police maintains the areas

only active SRT (Special Response Team). All other local police agencies have been trained in tactical response and formation of QRT’s (Quick Response Teams) for building entry but the deployment of a QRT requires a minimum of three, preferably four officers with the correct weapons and equipment.

• During the daytime hours, when 90% of all school shootings and violent incidents occur, each of the surrounding departments typically only staff one officer and would not be able to muster a QRT and would be required to wait for Williamsport Police. Additionally, there are only a few nights a week during the school year, Friday and Saturday, when Lewisburg staffs enough officers that all local police could respond to campus and form a QRT. Pennsylvania State Police do maintain a three-person shift which complement the Milton Barracks and are responsible for three counties, and rarely has more than one trooper in the Union County vicinity.

Emergency Management• One of the most critical areas discussed in the development

of emergency (crisis) management planning was the securing of Bucknell’s infrastructure, property and community during unstable events; Pandemic outbreaks, floods, power outages, fires, etc. – Non-Bucknell specific emergencies; incidents that affect

Lewisburg, East Buffalo and beyond, law enforcement agencies have informed us they would not be available to provide enough, if any, of the resources necessary to secure the campus. The only option during these situations is for Bucknell to rely on internal resources.

• As we currently stand, officers would be able to secure the campus or select areas of Bucknell by standing guard at a post or specified location. However, if challenged or confronted with force, officers would not be able to maintain their position or defend areas they were assigned to protect, such as food, power or vaccinations

Peer & Aspirant Schools• Out of the 40 schools surveyed

– 25 are armed– 10 are not armed– 5 have active proposals in process

• In contrast, Bucknell’s Patriot League peer schools; American University, Army, Holy Cross, Lafayette, Lehigh, and Navy are all armed with the exception of Holy Cross and Colgate who maintains a special dual jurisdiction arrangement.

• All 14 schools that are part of the Pennsylvania State System of Higher Education (PASSHE) are also now armed as a result of House Bill 509 which was passed in 2006. In September of 2006, in response to this new law, Indiana University of Pennsylvania Trustees called for President Atwater to, “Take necessary steps to provide for the arming of IUP police officers with appropriate equipment.” “I believe we are a safe campus, but … we do not always have full control of who comes onto our campus. I believe that our students and parents have an expectation that our police officers can make an immediate response to dangerous situations requiring firearms.”

• Currently, IUP police call on Indiana Borough Police or Pennsylvania State Police to provide assistance in cases in which armed officers are needed. We have highly trained and skilled police officers on this campus, but the one tool they are lacking is the ability to carry firearms,” said David Burdette, Vice President

The Proposal• Two day after April 16th I submitted a white paper

recommending an acute, holistic introspection and evaluation of current state of affairs in many areas– Trustees charged the President to direct Public Safety to

research and develop a recommendation on the arming of public safety

– That is what has been submitted to the committee– Full proposal - all areas, prices, documents needed

– Not my decision – but of the Board of Trustees

• Public Safety has served the Bucknell community for 50 years and will continue to serve regardless of the outcome!

If a member or members of the Bucknell community were killed on

campus by a firearm tomorrow, would we then arm our officers?