1 | P a g e
DATE: NOVEMBER 4, 2024
TO: HONORABLE CITY COUNCIL
FROM: POLICE CHIEF ANDREW BINDER
SUBJECT: RESPONSE TO IPA RECOMMENDATIONS IN REPORT COVERING INVESTIGATIONS AS OF MAY 31, 2024
RECOMMENDATION #1: PAPD should ensure that in every external complaint that the complainant is advised of the results of the internal investigation and that the closing communication is included in the investigative file.
The Department agrees and has improved its internal tracking system to ensure this occurs.
RECOMMENDATION #2: In cases in which the complainant references earlier conversations with a supervisor, the supervisor should be made aware of the complaint and incorporated into relevant approaches to follow-up.
The Department agrees that, where a complainant references earlier conversations with a supervisor, the Department should continue to involve that supervisor as appropriate in relevant follow-up.
RECOMMENDATION #3: PAPD should evaluate tactical negotiations with an eye toward discerning whether further negotiations could have been successful in resolving matters without resorting to force.
The Department agrees and will continue to evaluate the facts specific to each situation in developing its tactical response plans.
RECOMMENDATION #4: When PAPD provides training on use of less lethal munitions, it should stress the Department’s presumption that warnings should be given prior to deployment and explain the multiple reasons for the warning requirement as well as the policy exceptions to the “warning” advisory that are set out in policy.
2 | P a g e
The Department agrees and will continue to provide instruction to officers pertaining to the issuance of a warning, when appropriate, prior to the use of less lethal force.
RECOMMENDATION #5: In tactical situations in which force is used resulting in significant injury, all officers and supervisors who responded to the scene and witnessed the use of less lethal force should be required to prepare a supplemental report dictating their actions and observations.
The Department agrees that personnel involved in any use of force, including less lethal force, should document their actions consistent with existing policy.
RECOMMENDATION #6: In tactical situations in which the use of less lethal force results in significant injury, command, involved and other key officers (such as negotiators) should be interviewed regarding salient issues.
The Department agrees that, when completing an administrative investigation of a use of force, involved personnel should be interviewed as needed to capture a comprehensive version of the event being evaluated.
RECOMMENDATION# 7: In cases in which less lethal force is used and results in significant injury, supervisors should be instructed to expressly engage in a totality of circumstances analysis setting out in writing all relevant factors in evaluating the reasonableness of the force.
The Department agrees that, consistent with existing policy, when completing an administrative investigation of a use of force, supervisors should continue, per existing policy, to engage in a totality of circumstances analysis setting out in writing all relevant factors in evaluating the reasonableness of the force.
RECOMMENDATION #8: PAPD should revise its policy relating to use of less lethal munitions to expressly reference the need to meet the requirements of the Department’s overarching use of force policy.
The Department agrees and has updated its less lethal munitions policy to expressly conform with its existing practice of also assessing less lethal force under the overarching use of force policy.
RECOMMENDATION # 9: PAPD should focus managerial attention on ways of ensuring that officers are meeting policy expectations regarding use and activation of body-worn cameras.
The Department agrees and will continue to focus attention on ensuring officers are using body- worn cameras consistent with Department policy.