Following is an OCR scan of the Huntsville Police Department response to community input. I proofread and tried to correct any errors from the OCR software. Presented without comment.
Full release available at https://www.huntsvilleal.gov/huntsville-police-release-report-on-community-suggestions-and-recommendations/
The original document with appendices is available at (pdf) https://3jzi0q2zthm01oqpx2h96lz1-wpengine.netdna-ssl.com/wp-content/uploads/2020/07/HPD-Response-to-Community-Inpu.pdf
2. Ban Chokeholds and Strangleholds.
3. Release and/or create Standard Operating Procedures (SOP)s.
5. Require use of force continuum.
6. Exhaust all alternatives before shooting.
8. Ban shooting at moving vehicles.
11. Immediately release the names of all officers, supervisors involved in all shootings.
12. Require warning before shooting.
14. Enhance the collection of data on fatalities involving police officers.
15. Require a Duty to Intervene.
17. Require comprehensive reporting.
23. Ensure 100% transparent process for releasing law enforcement body camera footage to the public.
24. Release all body camera, citizens, and business camera footage; and 911 call audio to public.
25. Discourage so called "citizen's arrest" or escalating or confronting acts within the community.
26. Increase the use of special prosecutors when potential hate crimes are present.
Huntsville Police Department City of Huntsville P. O. Box 2085 Huntsville, AL 35804
July 31, 2020
To Whom It May Concern,
HPD strives to maintain a culture of continuous improvement. We recognize that can only be accomplished through routine engagement with citizens and organizations concerned with the manner of law enforcement employed throughout our community. We are in a time of particularly heightened emphasis on this community engagement between HPD and the various organizations focused on these issues.
Over the last few weeks HPD received lists of questions and suggestions from several different organizations related to policy, procedures, and techniques used by HPD. Those 28 questions and suggestions are compiled along with our responses on the following pages.
We recognize this is but one step in the process. We must continue routine dialogue through every available means, including websites, social media, town hall meetings, direct meeting with concerned citizens/organizations, and the wide-variety of community relations programs in place within each precinct.
These are challenging times, and this type of communication is extremely important. I hope that when you review our response you will be provided with a better understanding of the Huntsville Police Department and our commitment to making progessive and responsive changes for the betterment of our City and all of its citizens.
Thank you for your consideration.
Sincerely,
[signed Mark McMurray]
Mark McMurray
Chief of Police
1. Make public (online) all Standard Operating Procedures (SOP) & Use of Force policies so that citizens and officers are equally informed as to how citizen/police contact should go.
The Huntsville Police Department has launched a new initiative to allow public access to HPD’s policies and procedures, known as "Written Directives", through the web-based policy management system called PowerDMS. The public will soon be able to access the Written Directives by following this link: https://www.powerdms.com/public/HSVPS. Citizens will be able to access the came policies that guide HPD officers each day. On July 22, 2020, the Department's Accreditation division began migrating written directives from the restricted website. HPD is reviewing each of its policies for publication, and will upload them as each review is completed. It is anticipated that this process will be finished in the next three months.
HPD’s policies and procedures incorporate law enforcement standards required for Advanced Law Enforcement Accreditation by CALEA (The Commission on Accreditation for Law Enforcement Agencies, Inc.). To maintain its international accreditation, the Huntsville Police Department submits to an on-line review of its policies and procedures every year. In addition to the on-line review, a CALEA accreditation team travels to Huntsville every three to four years to complete a rigorous on-site visit of the Huntsville Police Department, including a review of HPD’s operations, facilities, policies and procedures. HPD’s initial accreditation by CALEA was on March 23, 1996, and its most recent accreditation was this year on March 23, 2020.
See Appendix A for HPD/CALEA Accreditation letters.
2. Ban Chokeholds and Strangleholds.
In 2014, the Huntsville Police Department stopped training its officers on lateral vascular neck restraint, which some refer to as a chokehold or stranglehold. HPD officers are trained in strategic self-defense and firearm techniques which allow an officer to gain control of a volatile situation with minimum injury to all involyed. The APOSTC mandated training program is called SSGT and it teaches officers about the objectively reasonable use of force, the effects and mitigation of survival stress and the principles of defensive tactics. HPD officers are taught to defend themselves against attacks by actively aggressive subjects in both standing and ground grappling situations by using tactics other than the lateral vascular neck restraint.
It is important to note that while "chokeholds" are not a trained technique, and are not authorized under normal situations, there are circumstances when an officer’s survival may allow for untrained techniques to be used. The HPD Use of Force policy states "The preferred response to resistance and aggression is a trained technique. However, when a confrontation escalates suddenly or during a situation involving the infliction or threatened infliction of serious physical harm, an officer may use any means or device at hand to defend him/herself, as long as the force is reasonable, given the existing circumstances. The use of an untrained response, while not normally authorized, may be objectively reasonable to end the threat and survive the encounter."
3. Release and/or create Standard Operating Procedures (SOP)s.
i. To de-escalate conflict with person with weapon present and/or drawn
ii. To clarify the "Shoot to Kill" or "Shoot to Injure" decisions
iii. To remove corrupt officers
iv. To de-escalate conflict of excessive force situations
v. To provide medical attention for shot or injured suspects
vi. To test officers in shooting for alcohol and chemical substance
The Huntsville Police Department has over 200 written directives (SOPs). HPD is in the process of releasing its written directives to the public through a new initiative using the web- based policy management system called PowerDMS. With help from the City's Legal and ITS Departments, the public will soon be able to access them by following this public access link: https://www.powerdms.com/public/HSVPS. Citizens will be able to view the same policies that guide HPD officers each day. On July 22, 2020, the Department's Accreditation division began migrating written directives from the restricted website. HPD is reviewing each of its policies for publication, and will upload them as each review is completed. It is anticipated that this process will be finished in the next three months. The written policies address all aspects of HPD operations and performance standards including de-escalation, use of force, care for injured citizens, and disciplinary processes amongst many other topics.
4. Implement implicit bias training for interacting with persons of color to include racial sensitivity, diversity training, and de-escalation strategies.
To become a Huntsville Police Officer, HPD cadets receive 760 hours of Basic Training, which includes de-escalation techniques (Verbal Defense and Influence Training), and de-bias training. Cadets visit the Civil Rights Museum in Birmingham, Alabama and attend Cultural Diversity Courses. Additionally, Cadets are required to successfully complete Implicit Bias Training developed by the Huntsville Police Academy with Delois Hunter Smith, former Vice- President of Multicultural Affairs at the University of Alabama in Huntsville. The goal of the Huntsville Police Academy is not only to train, but to evaluate the cadets for suitability as a police officer. Additionally, the Academy will continue to take a comprehensive approach to human interaction training in an effort to find more ways to reduce conflict, encourage voluntary compliance and increase personal safety for all involved.
After becoming a police officer, Huntsville Police Department provides on-going training to officers through annual continuing cducation classes, training bulletins, roll call training and the City's Human Resources' Department on how to interact with diverse populations to include racial sensitivity, diversity training, and de-escalation strategies. HPD's annual training addresses multiple subjects, including tactical disengagement, crisis intervention, legal updates, and Verbal Defense and Influence (VDI) which improve and refine officers' communication and decision-making skills (soft skills).
In addition to classes taught by law enforcement officers, HPD recruits civilian experts to teach officers on essential policies and procedures which are necessary to be a successful City of Huntsville employee, as weil as a good citizen. Officers receive training on diversity and inclusion, workplace and sexual harassment, the Americans with Disabilities Act, leadership, wellness and personal development.
Huntsville Police Department's Written Directives clarify the Department's position on training as follows: "This department has and will continue to train all sworn personnel in proactive enforcement tactics. Academy cadets and current swom officers receive instructions in officer safety, courtesy, cultural diversity, laws governing search and seizure, Safe and Legal Traffic Stops (SALTS), interpersonal communications and other related topics. Future cadets and current officers will continue to receive similar training and periodic refreshers. These training programs will also emphasize the need to respect the rights of all citizens to be free from unreasonable police actions."
Additionally, the Department's Written Directives require an annual Administrative Review stating as follows: "The Director of Internal Affairs will ensure that a documented annual administrative review is conducted on bias based profiling issues. The administrative review shall include a review of this policy, the agency's practices and related training. The review may include, as appropriate and available, information derived from Internal Affairs complaints, disciplinary actions, Community Resource Officers and citizen surveys. The review will cover the previous calendar year and will be forwarded to the Chief of Police."
5. Require use of force continuum.
The Huntsville Police Department provides its officers with nine (9) different "levels" or "options" of force in order to respond to threats or resistance appropriately. Any force used by an HPD officer must be determined to be "objectively reasonable." HPD Policy states "In determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the facts and circumstances he/she perceives at the time of the incident, which would likely cause a reasonable officer to act or think in a similar way under similar circumstances. The calculus of reasonableness must embody an allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. The appropriateness of an officer's decision to use force will be based upon the totality of the circumstances as perceived by the officer in the moment the force was used."
While these nine levels are often referred to as a "continuum," there is no requirement that an officer "progress" through the entire continuum to get to the appropriate response. An officer may implement the appropriate force level needed during any situation.
6. Exhaust all alternatives before shooting.
Huntsville Police Officers are trained to use the least amount of force necessary to stop the threat, including firing their weapons. As provided in the HPD's Written Directives on De- escalation, "an officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force."
7. Mandate annual training on agency SOP and Use of Force policies for officers as part of their required annual Alabama Peace Officer Standards & Training Commission (APOSTC) continuing education and publicly archive completion certificates.
Huntsville Police Department mandates Use of Force training for all officers annually. The Alabama Peace Officer Standards & Training Commission (APOSTC) requires all officers to complete 12 hours of continuing education per year to maintain APOSTC certification. However, HPD requires its officers to complete additional annual training beyond the APOSTC certification requirements. HPD officers must successfully complete between 32 and 40 hours of continuing education each year to remain in good standing.
HPD's annual training addresses multiple subjects, including tactical disengagement, crisis intervention, legal updates, and Verbal Defense and Influence (VDI) which improve and refine officers' communication and decision-making skills (soft skills). Use of Force related topics are included every year. During 2020, five hours were mandated for all officers on this topic.
In addition to classes taught by law enforcement officers, HPD recruits civilian experts to teach officers on essential policies and procedures needed to be a successful City of Huntsville employee as well as a good citizen. Officers receive training on diversity and inclusion, workplace and sexual harassment, the Americans with Disabilities Act, leadership, wellness and personal development.
After completing all training, officers are issued training certificates. All HPD officer's training certification records are maintained in the employee's personnel and departmental files. Additionally, APOSTC archives and maintains an officer's earned training certification records. Both HPD and APOSTC track and archive each officer's certification records throughout the officer's career.
See Appendix B for In-Service training for Officers and Basic Academy Class Curriculum for Cadets.
8. Ban shooting at moving vehicles.
Huntsville Police Officers are not trained to shoot into moving vehicles. Although generally prohibited from discharging their firearms into a moving vehicle, officers facing imminent danger of death or serious physical injury may discharge a firearm as an action of last resort.
9. Every minority shooting requires an elevated level of investigation within the city, county, state, national law enforcement.
All criminal investigations, including shootings, must be investigated thoroughly pursuant to both Alabama and Federal law. It would not be proper, legal, moral, or ethical to alter the manner or thoroughness of criminal investigations based on race, ethnicity, gender, religion, or any other personal characteristics of the involved parties.
10. Publicly explain the hiring process as it pertains to screening candidates for racial bias. Does the current psychological screening make considerations for screening candidates for racial bias/discriminatory tendencies?
The Huntsville Police Department's hiring process is detailed, intricate and lengthy. It takes approximately six months to complete. Candidates for employment are recruited from all areas of the country and from all walks of life. Throughout the process, applicants are screened for racial bias and discriminatory tendencies. Section 4.6 of the City of Huntsville Personnel Policies and Procedures manual provides that "Examinations shall measure aptitude and/or knowledge, skills, abilities, and personal characteristics required for successful performance in the job classification involved. The Department of Human Resources may use such instruments, forms, and materials as determined necessary in examining, as may be appropriate for the job classification, including one of a combination of any of the following: written examination, oral examination, physical or mental condition examination, an interview, and a practical assessment, and evaluation of education, training and/or experience."
Eligible candidates, in addition to completing the standard online employment application and successfully passing a mandatory physical agility/ability test and official Basic Ability Test (BAT) for law enforcement, must also successfully complete a Supplmental Application and oral interview. There are questions in the supplemental application and questions asked in the oral interview that screen candidates for racial bias and discriminating tendencies.
After the initial screening, those applicants selected for the Police Officer/Cadet position are given a conditional offer of employment with the City of Huntsville. If accepted, the Police Officer/Cadet must also successfully pass a psychological test, drug test, physical examination and polygraph. Currently, the City of Huntsville uses a psychological test provided by Psychological Resources. This test screens Police applicants with consideration of the applicant's ability to build close, more personal relationships with the community they serve through Community Policing. "Applicants are evaluated on a standard ten-point scale, where '10' is extremely community oriented and '1' is extremely oriented toward 'hard nose' enforcement." Additionally, bias based questions were added to the polygraph and background check in 2016.
The City of Huntsville has an Employee Assistance Program for all employees administered by Behavioral Health Systems (BHS). Employees can access the services of BHS confidentially or, if necessary, through supervisory referrals to address various employee matters and issues, to include racial bias/discrimination tendencies. Such supervisory referrals could occur in accordance with Section 13 (Conduct and Disciplinary Policy) of the City's Personnel Policies and Procedures Manual. As stated in Section 13.1 of the policy, "Employees of the City of Huntsville are expected to maintain high standards of cooperation, efficiency, and economy in their work. Each employee is expected to display conduct both on and off the job in such a manner as to reflect credit on both the employee and the City. The maintenance of high standards of honesty, integrity, and conduct by City employees is essential to assure the proper performance of City business and to maintain the confidence of the citizens."
Additionally, HPD is committed to unbiased policing which is reaffirmed in HPD's written directive 101-26 which defines Bias Based Profiling as "Any police initiated action that relies on race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to an individual who has been identified as being, or having been, engaged in criminal activity." Violations of this policy are addressed through the City of Huntsville's Conduct and Disciplinary Policy where the officer may receive an oral reprimand, written reprimand, imposed probation, suspension, or termination.
11. Immediately release the names of all officers, supervisors involved in all shootings.
Huntsville Police Department is required to protect the integrity of all investigations. Accordingly, due process rights of all involved individuals are maximized by coordinating the release of sensitive information with the appropriate prosecutor's office from an outside agency.
12. Require warning before shooting.
The Huntsville Police Department requires its officers to give a verbal warning to a suspect before utilizing deadly force. The HPD Written Directive regarding the use of force states "If possible, a verbal warning should be given before an officer utilizes deadly force against a suspect." Additionally, Huntsville Police Officers are trained to include warnings as one way to help de-escalate a potentially volatile situation. De-Escalation is defined in the Huntsville Police Department’s Written Directives as follows: "Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt fo stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De- escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning."
13. Publicly provide crime mapping data from each agency in Madison County on their respective agency webpage.
Huntsville Police Department is leading an effort to merge the records management systems of each law enforcement agency in Madison County into one unified County-wide system. All agencies are committed and contracted to be a part of this new multi-agency Records Management System (RMS), which is already under construction. Once completed, the RMS will provide analysis for data-driven decisions on deployment of law enforcement resources.
14. Enhance the collection of data on fatalities involving police officers.
The Huntsville Police Department has a comprehensive data base through IAPRO which is used to collect al] types of "use of force" data including fatalities involving Police Officers. This software is nationally accepted as one of the best available for law enforcement agencies and fully compliant with State and Federal reporting procedures.
15. Require a Duty to Intervene.
Huntsville Police Officers are trained on the duty to intervene. HPD's Written Directive on Duty to Intervene states as follows: "When there is a reasonable opportunity to do so, an officer has a duty to intervene to prevent or stop the use of unreasonable force by another officer in an effort to prevent excessive harm to an individual."
16. Publicly provide officer complaint information from each agency in Madison County on their respective agency webpage to include nature of complaint and disposition. This includes posting how a citizen goes about filing a complaint and what is needed and where to go to submit complaints.
The Huntsville Police Department provides information to the public about how to file a complaint against an HPD officer on the City ot Huntsville website and the HPD webpage. By clicking on the website link at https://www.huntsvilleal.gov/residents/public-safety/huntsville-police/police-operations/internal-affairs/ a citizen is directed to a web page for HPD's Internal Affairs division, which is responsible for investigating complaints against HPD officers. Citizens may make a complaint on an officer in several different ways, including filing a complaint in person with the Internal Affairs Division, currently located inside the Municipal Justice Safety Center. Complaints may also be made by telephone, email, and US postal mail. HPD does accept anonymous complaints, as well as second and third-party complaints.
Once a complaint is made, an investigator is assigned to the case. Witness interviews are taken and Officer Body Worn Camera video as well as Dash Cam and Back Seat Camera Video is reviewed. The accused Officer will make an administrative statement. Once the investigation is complete, a report is forwarded to the Officer's chain of command for any disciplinary action. Also, a letter is sent to the person who made the original complaint.
HPD publishes compiled information about citizen complaints on non-identified police officers in its Annual Report. The published information includes the number of allegations of misconduct, the nature of the alleged misconduct, and the official findings for all investigations made during each calendar year. The findings will include whether a particular allegation is determined to be Founded, Unfounded or Have Insufficient Evidence.
Each Officer's complaint history is monitored by Internal Affairs through an early warning identification system. Enhanced documentation and supervision may be required anytime an officer's work performance shows a pattern of multiple Use of Force reports. This early warning identification system is a modem police management system called IA PRO. The IA PRO system is also overseen by the City's Legal Department for compliance to City Personnel Policies and Procedures and to help IA investigators determine when intervention is needed.
The Internal Affairs' office is currently being relocated to a stand-alone building located across from the current Public Safety Complex. The new location will allow for more convenient and comfortable access by citizens wanting to file a complaint against the police department or any officer.
17. Require comprehensive reporting.
The Huntsville Police Department Written Directives require each officer to report the use of force anytime he/she directs the movement of another person using force. These reports are reviewed through the chain of command and by Internal Affairs. Body Worn Camera, In-car cameras and witness statements are generally the evidence reviewed in these cases.
The Huntsville Police Department publishes compiled information about citizen complaints on non-identified police officers in its Annual Report. The published information includes the number of allegations of misconduct, the nature of the alleged misconduct, and the official findings for all investigations made during each calendar year. The findings will include whether a particular allegation is determined to be Founded, Unfounded or Have Insufficient Evidence.
18. Recommend public explanation from each agency in Madison County as to the agency procedures for handling officers who are discovered to have exhibited racial bias or discriminatory tendencies.
Huntsville Police Officers, who demonstrate racial bias or exhibit discriminatory tendencies, are subject to discipline as well as retraining. Once a deficiency or bad behavior is identified, the individual officer's behavior is addressed through the disciplinary procedures outlined in Section 13 of the City of Huntsville Personnel Policies and Procedures manual. The Huntsville Police Department works swiftly to correct bad behavior, and retrain, when needed.
Cadets are educated during the first weeks of their training at the Huntsville Police Academy about two federal statutes that apply to an officer's misconduct. It is taught early to help the future officer understand the importance of not violating any person's constitutional rights. The first law is federal statute, 42 U.S.C. § 1983 which provides a civil cause of action for the injured party, and reads in part: "Every person who, under color of any statute ... subjects, or causes to be subjected, any citizen of the United States or other person ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law..." The other law is federal criminal statute, 18 U.S.C. § 242 which provides in part: "Whoever, under color of any law, ...willfully subjects any person...to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime]."
Disciplinary procedures utilized by HPD are available for public consideration on the City of Huntsville website link located at http://huntsvilleal.gov/PersonnelPolicy. Section 13.1 of the Personnel handbook states, "Employees of the City of Huntsville are expected to maintain high standards of cooperation, efficiency and economy in their work.... The maintenance of high standards of honesty, integrity, and conduct by City employees is essential to assure the proper performance of City business and to maintain the confidence of the citizens."
Once the deficiency or bad behavior has been punished, then the individual officer's attitude must be retrained to address the tendency and propensity to make sure the same improper conduct does not occur again. With its own Academy, the Huntsville Police Department can tailor educational modules to fit the individual officer's specific identified bias or deficiency.
Violations of written directives and personnel policies and procedures resulting in disciplinary action are made a part of an employee's personnel file. Patterns of misbehavior/conduct and single-event violations that rise to a criminal level, or are so egregious to significantly violate the standards sct by HPD and the City, are dealt with more severely, and may result in progressive discipline including termination and/or referral to the District Attorney's Office.
The number of complaints filed in HPD Internal Affairs for racial bias, religious discrimination, and/or sexual orientation are recorded annually. These are monitored historically by IA PRO software and reviewed by the City's Legal Department. Additionally, CALEA requires that a Biased Based Profiling Statistics Report be submitted each year as a certification requirement. Statistics from recent reports are:
20152 total - 2 unfounded
20168 total - 6 unfounded; 1 proper conduct; 1 improper conduct
20175 total - 4 unfounded; 1 proper conduct
20182 total - 2 proper conduct
20190 complaints for racial/religious/sexual bias
Sec Appendix C for COH disciplinary procedures and Appendix D for HPD's Written Directive on Bias Based Profiling.
19. Recommend a third-party panel consisting of members of the community to review agency SOPs for evidence of bias and over policing. Report those findings to the public.
In 2010, the City of Huntsville established a third-party panel consisting of members of the community, who are citizens of the City of Huntsville. The third-party panel is named the Huntsville Police Citizens Advisory Council (HPCAC), and it was established to improve the relationship and perception between Huntsville Police and the citizens of Huntsville. The HPCAC works to strengthen bonds between the police department and the community, thereby ensuring equal protection and service for all citizens. They recommend procedures, programs, or legislation to improve the efficiency and effectiveness of the Police Department, and they work to keep the Chief of Police apprised of actions that create community concern.
This panel may review agency written directives, disciplines, investigations of use of force and report to the public through the public official who appointed them. This group is autonomous from the Police Department and has worked tirelessly for their respective appointing officials over the past decade. They have participated in Incident Review Boards on major incidents including officer involved shootings and reviews of officers killed in the line of duty. They have open meetings for public feedback and have partnered with the City Council members during Town Hall meetings to share information and receive citizen input. They have also partnered with local colleges to bring students to their meetings as part of academic assignments.
The Huntsville Police Citizens Advisory Council (HPCAC) is currently undertaking a review of police actions that occurred before and during recent protest events in Huntsville from May 30 to June 5, 2020. Part of the HPCAC review includes input from the general public. Residents have been invited to submit comments through an on-line form located at
https://huntsvilleal.seamlessdocs.com/f/HuntsvillePoliceCitizensAdvisoryCommittee
See Appendix E for COH Ordinance 10-361, which established the HPCAC on June 10, 2010, and Appendix F, which is Article XI of Chapter 2 of the Code of Ordinances for the City of Huntsville.
20. Create a Citizens Review Board, Police Trial Board, or Accountability Review Board for the public to have permanent presence/seats and have subpoena power.
The City of Huntsville created an appointed council of Huntsville citizens to provide a permanent presence for members of the public over ten years ago. This citizens review board is named the Huntsville Police Citizens Advisory Council (HPCAC), and was established to improve the relationship and perception between Huntsville Police and the citizens of Huntsville. The HPCAC works to strengthen bonds between the police department and the community, thereby ensuring equal protection and service for all citizens. They recommend procedures, programs, or legislation to improve the efficiency and effectiveness of the Police Department, and they work to keep the Chief of Police apprised of actions that create community concern.
Additionally, Huntsville Police Officers are held accountable for their conduct through their supervisory chain of command, Internal Affairs investigations and review, and the elected officials who have authority over all aspects of City operations, including employee disciplinary procedures. Should the conduct of any City of Huntsville employee, including Police, involve allegations/charges of criminal behavior, they are subject to the criminal justice system like all other citizens of our community.
21. Interact and team up with the NAACP and other organizations that promote public safety and good citizenship of the public.
The Hunisville Police Department routinely interacts with organizations and individual citizens in a variety of forums by listening, seeking input, hearing ideas, and pursuing greater understanding by all involved. When requested, HPD officers may also present educational Programs to community organizations on a variety of subjects, including public safety and good citizenship. This public interaction is an invaluable tool HPD officers utilize to improve community relationships, as the officers hear ideas and concems from citizens as well as answer questions about what they do and why. The Huntsville Police Department looks forward to the opportunity to engage with and continue the on-going dialogue it has with the NAACP and other community groups.
22. Recommend a diverse Citizen Complaint Review Board comprised of members of the African American, Hispanic, Asian, and Caucasian communities to review citizen complaints and allow this panel to make SOP-rooted disciplinary recommendations to the mayor, city council, and agency executives.
The Huntsville Police Citizens Advisory Council (HPCAC) is a diverse group of people that represent all communities across Huntsville. First formed in 2010, this group is comprised of appointees of the City Council, the Chief of Police and the Mayor, and it makes recommendations to better the Department. Individual citizen complaints are not subject to review by the HPCAC due to violations of privacy, and possible interference with criminal and civil litigation. However, the HPCAC may review statistics related to the types and numbers of citizen complaints made.
23. Ensure 100% transparent process for releasing law enforcement body camera footage to the public.
Body worn camera video and in-car (both dash cam and back seat camera) video may be requested for viewing by citizens directly involved and/or filmed in an event under investigation. Requests to view videos may be made through the City's Legal Department or Internal Affairs. Police Department videos may not be released until all criminal or civil litigation is completed in order to preserve the integrity of those court proceedings. Police recorded video is just one piece of evidence, and public release might jeopardize the accused's right to a fair trial, as well as the privacy of the victim and innocent bystanders. However, videos may be subpoenaed through any court system for criminal or civil litigation.
All HPD Officers are required to use both Body Wom Cameras and In-Car Video car cameras when working with the public. Discretionary use of video cameras is not permitted by officers when directly dealing with the public, and may result in discipline for failure to follow departmental policy.
24. Release all body camera, citizens, and business camera footage; and 911 call audio to public.
In conjunction with the Huntsville City Attorney's office and/or the appropriate prosecutorial agency, as needed, the Huntsville Police Department coordinates the viewing of video by citizens directly involved and/or filmed in an event under investigation. Requests to view videos may be made through the City's Legal Department or Internal Affairs. Police Department videos may not be released until all criminal or civil litigation is completed. Police recorded video is just one piece of evidence, and public release might jeopardize the accused's right to a fair trial, and the privacy of the victim as well as innocent bystanders. However, videos may be subpoenaed through any court system for criminal or civil litigation.
25. Discourage so called "citizen's arrest" or escalating or confronting acts within the community.
Huntsville Police Department officers protect and serve the citizens of Huntsville. Making a citizen's arrest without carefully considering the risk factors may lead to serious and unintended criminal and civil consequences for the citizens involved. Although HPD does not actively encourage this type of arrest, Alabama law does provide for arrests by private persons for public offenses at Code of Alabama § 15-10-7 (1975, as amended). In Martinson v. Cagle, 454 So. 2d 1383 (Ala. 1984), the Alabama Supreme Court clarified that under this statute, the State has given permission to a private person to make an arrest; however, it did not impose a duty on the private person to arrest anyone committing an offense in the private citizen's presence.
26. Increase the use of special prosecutors when potential hate crimes are present.
Changes to Federal and State laws have increased definitions and punishments for many hate crimes. These felonies may be prosecuted through the District Attorney's office or the U.S. Attomey's office. The Huntsville Police Department does not make decisions related to criminal charges or prosecutorial strategies pursued by the servicing District Attorney or US Attomey. Under State law, specifically Alabama Code § 12-17-216 (1975, as amended), the Governor, any member of the Supreme Court or courts of appeals, or the Attorney General may request a supernumerary district attorney (special prosecutor) to have and perform all of the duties, power and authority of district attorneys of a particular judicial circuit. Federal law 28 U.S.C.A. § 515 provides authority to the Attorney General for the United States of America to appoint special prosecutors for any criminal proceedings which may be conducted by U.S. attorneys.
27. Respond to the Tennessee Valley Progressive Alliance's communication regarding the decriminalization of marijuana.
The Huntsville Police Department does not create or amend laws.
The Huntsville Police Department requires de-escalation, when possible. The Huntsville Police Academy trains officers in Verbal Defense and Influence (VDI) and uses both role- playing scenarios and high-tech equipment (Virtra-300) to prepare officers to de-escalate potentially violent situations. De-escalation skills are taught by certified instructors during basic training and officer in-service training. If de-escalation weaknesses are identified in an officer, the officer will be required to attend additional re-training by the Police Academy Staff. Each Officer is required to work on these skills by attending in-service training using role- playing exercises and the Virtra-300 Simulator annually.
Below are excerpts from the HPD Written Directive Manual regarding the requirement to de- escalate:
De-escalation
a. An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force.
b. Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used.
c. DE-ESCALATION: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning.