East_Haven_Final_PERF Report[1]

8/7/2019 East_Haven_Final_PERF Report[1]

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OPERATIONAL AUDIT

OF THE

EAST HAVEN POLICE DEPARTMENT

FINALREPORT

March 2011

1120 Connecticut Avenue, NW Suite 930

Washington, DC 20036


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Review of the East Haven Police Department

The Police Executive Research ForumPage 2

TABLE OF CONTENTS

Introduction .............................................................................................................................................3Planning, Direct ing, and Controll ing .....................................................................................................4

Written Directives, Policies and/or Procedures....................................................................................6Information Flow .....................................................................................................................................8Policy Compliance ..................................................................................................................................9Performance Appraisals ....................................................................................................................... 11Uniforms and Appearance....................................................................................................................12Overtime Expenditures .........................................................................................................................13Medical Disabi li ty Policy .......................................................................................................................14Workplace Violence Policy ...................................................................................................................14Promotion and Selection ......................................................................................................................15Personnel File Policy ............................................................................................................................17Sexual Harassment Policy ....................................................................................................................17

Code of Conduct ...................................................................................................................................18Operational and High Risk Policies ..................................................................................................... 18Criminal Invest igations .........................................................................................................................21Officer Involved Shoot ings ...................................................................................................................23Citizen Complaint Process ...................................................................................................................25Internal Invest igations ..........................................................................................................................26Discipl inary Act ions .............................................................................................................................. 26Early Intervention System .................................................................................................................... 27In-service and Special ty Training ........................................................................................................28Racially Biased Policing ....................................................................................................................... 30Management Structu re .........................................................................................................................31

Patrol Staff ing ........................................................................................................................................ 33Community Input ...................................................................................................................................39What Happens NextImplementation and Moving Forward.............................................................42Model Personnel File Policy Attachment # 1 ...................................................................................44Model Sexual Harassment Policy Attachment # 2...........................................................................47Model Directive Code of Conduct Attachment # 3........................................................................50Model Use of Force Policy Attachment # 4. .....................................................................................55PERFs Review of Cap-Stun Pol icy (2009-14) Attachment # 5........................................................ 60PERFs Review of Less lethal Weapons (Taser) Policy (2009-1) Attachment # 6 .........................61PERFs Review of Use of Deadly Force/Use of Firearm Policy (2008-19) Attachment # 7 ...........68PERFs Review of Rifle and Shotgun Policy (2009-2) Attachment # 8...........................................72PERF'sReview of Canine Pol icy (2008-5) Attachment # 9..............................................................73Model Emergency Driving Policy Attachment # 10 ......................................................................... 76Model Pursuit Policy - At tachment # 11 .............................................................................................. 83Model Civil ian Complaints and Internal Investigations Policy Attachment # 12........................... 95Model Disciplinary Matrix (Sample Policy) (Attachment # 13)......................................................103Model Early Intervention System (Sample Policy) - Attachment # 14.............................................110 Model Racial Profiling Policy Attachment # 15..............................................................................116


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Introduction

The Town of East Haven contracted with the Police Executive Research Forum (PERF) to

conduct an operational audit of the East Haven Police Department. The audit was designed to

provide a review of the agency and an examination of the departments operations in five main

areas:

1. Assess the manner in which the efforts of the department and personnel are planned,

directed, controlled and coordinated.

2. Assess the current relationship and interaction between the department and community;

3. Conduct a review of the current management and organizational structure of the

department;

4. Determine whether the department has the appropriate staffing levels; and

5. Review and assess the departments infrastructure.

The PERF team employed a multi-pronged approach to collect information about the department

necessary to undertake analyses , draw conclusions and formulate recommendations.

The PERF study included an examination of many of the departments written directives,

including those high risk policies and/or procedures that often expose a municipality and police

department to liability if not based upon sound principles and current law. These are the policies

that progressive police departments routinely examine and update. They include those related to:

use of force, officer involved shootings, pursuits and emergency driving, citizen complaint

process, racial profiling and internal investigations to determine the extent to which they meet

contemporary legal standards and best professional practices in policing.

PERF conducted a number of one-on-one interviews to obtain information, views and

perspectives, and knowledge relative to the East Haven Police Department. Members of the

PERF team had the opportunity to speak with Town Mayor and staff, the contracted Town


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Attorney; all members of the Board of Police Commissioners; the current Chief of Police, his

command staff and members of the department.

PERF also facilitated a series of focus group meetings in East Haven to obtain information on the

communitys views and perspectives of the police department. These sessions were designed to

solicit perceptions, opinions, beliefs and attitudes about the department from members of the

community representing various stakeholder groups. They provided unique insight into the

current customs and practices of the organization, their cultural impact upon the internal

operations of the department, and the agencys relationship with the community.

The PERF team reviewed various documents and reports requested from the police department.

The information obtained was used to evaluate workload, overtime, and the operational

efficiency and effectiveness of the department. Information acquired included budget data,

scheduling data, written directives, and current collective bargaining agreements.

Additionally, members of the PERF team were able to gain insight into the department through

personal observations and viewing members of the department in their work environment

Planning, Directing, and Controlling

In conducting the operational audit of the East Haven Police Department, PERF examined the

effectiveness of the organizations managerial responsibilities of planning, directing and

controlling. Planning is the process of developing strategies for success, establishing goals and

objectives for the organization, and then developing a course of action best to gain their

achievement.

As the formal leader of the organization, the Police Chief is expected to lead the planning

process and serve as liaison and communicator to persons and groups both internally within the

municipality and externally in the community. The decision making role of management is the

one most associated with the position Chief. In this role, decisions are made that affect the

agency and public alike. An effective decision-making process should include obtaining

information from a variety of sources to formulate the best solution to organizational challenges.

Through the interpretation of this information along with environmental factors such as finances,


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relationships, and crime and disorder issues, police managers should establish the direction in

which the department should move. Many times these are found in an organizations mission,

values and goals.

The organizations Mission Statement as found in the East Haven Police Departments policies

states:

As a law enforcement officer, my fundamental duty is to serve mankind; tosafeguard lives and property; to protect the innocent against deception, the weakagainst oppression or intimidation, and the peaceful against violence or disorder;and to respect the Constitutional Rights of all to liberty, equality and justice. Iwill be exemplary in obeying the laws of the land and regulations of mydepartment.

I will never act officiously or permit personal feelings, prejudices, animosities, or

friendships to influence my decisions. With no compromise for crime and withrelentless prosecution of criminals, I will enforce the law courteously andappropriately without fear of favor, malice or ill will, never employingunnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as apublic trust to be held so long as I am true to the ethics of the police service. I willconstantly strive to achieve objectives and ideals, dedicating myself to my chosenprofession, LAW ENFORCEMENT.

While the sentiments in the statement certainly have merit, this is commonly identified as the

Law Enforcement Code of Ethics and not an organizational mission statement. A police

departments mission statement should be a brief description of the agencys fundamental

purpose that articulates its function for those in the department and the community it serves. It

should provide the framework or context within which departmental strategies are formulated

and upon which external relationships are built. The mission statement should guide the actions

of the department and its members, identify its overall goal, provide a sense of direction and

serve as a baseline for effective planning. Progressive police leaders engage members of the

community and department to work together drafting a mission statement in order for it to be a

meaningful product that is understood and supported by all stakeholders.

Recommendation:

1. Establish a New Mission Statement for the Police Department


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The East Haven Police Department in concert with the Towns Police Commission and

members of the community should establish a mission statement that describes why the

Police Department exists and what it does. Examples from departments that PERF has

worked with include:

Mission Statement of the Ferguson Township Police Department, PA

"It is the mission of the Ferguson Township Police Department to work in partnership

with the community to reduce the fear and incidence of crime and to positively influence

the overall quality of life in Ferguson Township"

Mission Statement of the Fayetteville Police Department, NC

We are committed to leading the community problem-solving efforts that improve the

quality of life for all citizens of Fayetteville. We will work assertively with the community

to address the underlying conditions that lead to crime and disorder.

Mission Statement of the West Palm Beach Police Department, FL

"The mission of the West Palm Beach Police Department is to provide professional police

service to the community while remaining committed to excellence, integrity and

courtesy. Through our service, we will never betray our badge, our integrity, our

character or public trust. Without bias, we will uphold the Constitution, community, and

the city we serve."

Written Directives, Policies and/or Procedures

As in any organization, a police department should incorporate a control system tailored to the

agencys goals and resources and applied where failure cannot be tolerated. This is best found in

the fair and assertive actions of first line supervisors and a strong set of policies and procedures.

As part of the services provided by the Police Executive Research Forums operational audit of

the East Haven Police Department, an assessment was conducted of the departments written

directives system. Overall, it was found to include the key Policies and/or Procedures expected

to be present in a progressive police department. Both the policies that guide and control

administrative functions, and the high risk operations of the department were found to be present.

The vast majority of the directives were dated 2009. There were however others that had not

been updated in many years. It was reported to PERF that outdated and inadequate policies led

some officers to disregard them. This was then complicated by the departments uneven

enforcement of policy infractions and inconsistent application of discipline.


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PERFs policies and procedures review specifically addressed key Personnel and High Risk and

Liability directives. Those which, in PERFs opinion, fell well short of best professional

practices were either re-written or a sample or Model Policy (for the departments

consideration) was tailored specifically to the East Haven Police Department. In other instances,

PERF identified the problematic areas of existing policies and included recommendations to

bring them to the best professional practice level. PERFs proposed Model Policies and reviews

of existing policies with PERFs recommendations have been included at the end of this report.

They include: Use of Force, Less Lethal Weapons, Sexual Harassment, Driving and Pursuit

Policies, Civilian Complaints and Internal Investigations, a Disciplinary Matrix and Early

Intervention System.

Recommendations:

2. Review Written Directives on a Regular Basis

All the departments written directives should be reviewed on a regular basis. The

various policies and procedures that make up the departments written directives system

are subject to obsolescence. Many can go for long periods without the need for revision.

Others, because of changes in law, new strategies and operational plans, and a myriad of

reasons, must be updated as changes take place. The department should establish a

schedule for the review of all written directives. High risk policies those involving use

of force, weapons, vehicle operation, citizen complaints and others determined by the

Chief of Police should be formally reviewed and re-approved, annually. All others should

be reviewed and approved no less frequently than every other year. Whether writing a

new policy or reviewing current ones, the department should conduct research by

contacting comparably sized and the most progressive departments for an understanding

of the best practices in the field and Connecticut Accreditation and Commission on

Accreditation for Law Enforcement Agencies (CALEA) compliance. All new polices,

before adoption, should undergo legal review.

3. Implement System to Inform Staff of New and Changes to Policy

The department should provide instruction to all affected personnel before the effective

date of any policy changes. In the instance of minor changes or updates, a training


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bulletin or memorandum may suffice with each officer acknowledging that it has been

received. In other instances, if the issue is more complex, the new information can be

formally presented at roll call and/or other arranged training opportunities. All personnel

should be provided with a copy of the new policy and be required to sign for receipt of

the policy and the training, and acknowledge understanding of the new policy. Any

member who does not understand should be scheduled for individual instruction.

Information Flow

The functioning of every organization is either enhanced or impeded because of the flow of

information within it. The formal flow of information can include its written directives,

training and policy instructional videos and bulletins and written and direct communiqus

from managers and supervisors. Equally important is the organizations informal

communications flow. This can include the passing of accurate information through bosses,

informal leaders, friends and others but it can also relay supposition, rumors and outright

fabrications. For the sake of an efficient workplace and the morale of the members of the

organization, its leaders are wise to keep all accurate information flowing formally,

informally, down, up and across the organization. The more truthful, accurate and timely the

information passed, the less opportunity there is for rumors, half-truths, and total fabrications

to take root and cause damage.

Some officers complained that there has long been a void in communications. The current

Chief has taken the initiative to schedule regular meetings with his sergeants and above.

These meetings represent opportunities to discuss personnel issues, facility/equipment and

training needs, the benefits of emerging technologies, budget issues, overtime status, and

other topics of interest to the departments members. Additionally, such meetings also

facilitate information flow.

Recommendations:

4. Establish Strong Internal Communication Systems for Employees


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The Chief should continue and formalize his initiative to hold meetings with the

departments supervisory and management staff. Minutes should be taken at these

meetings for the accurate dissemination of information and documentation of

organizational decisions for later reference. Information can flow quickly through a

department the size of East Haven, but the informal flow is not always accurate and is

often filtered through an individuals perspective. Monthly or bimonthly meetings of the

management staff are quite helpful to better ensure a prompt and unfiltered flow of

information up and across as well as down the organization. Each manager should query

their sworn and civilian staff for topics, issues or questions of interest to them to be

brought up at the meetings. One or two officers and/or even the union leader could be

invited to sit in on meetings or parts of meeting not involving personnel issues. This type

of involvement and awareness of the management staffs regard for officers interests can

make them feel more involved and respected which is essential to morale and reducing

turnover among the rank and file. This can also foster a greater sense of teamwork among

managers.

5. Disseminate Information to All Staff on Key Decisions

The department must insure information from the chiefs meetings that is appropriate for

release to others in the department is transmitted. Approved minutes described in the

previous recommendation may fill this need. Supervisors should be responsible for

accurately conveying to their subordinates information that can be distributed. This will

derail rumors and partially accurate information.

Policy Compliance

Intentional infractions of policy when known to supervisors and managers typically result in

administrative action including, counseling, discipline and in severe cases, termination andcriminal charges. However, there is another aspect to policy compliance that does not focus on

individual acts of misconduct. It concerns itself with whether polices, standard operating

procedures and departmental work processes are properly and consistently carried out. When the

department recognizes through the adoption of a policy the importance of meeting a standard


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or performing a work process in a specific way, it also accepts the responsibility to periodically

conduct an inspection to ensure compliance with its own policy or legal mandate that may apply.

Presently, there is no formal procedure in place to require periodic inspection of unit operations

to confirm compliance with policies, standards, or legal requirements.

Recommendations:

6. Establish a Staff Inspections Function

The department should establish a staff inspections function to be a collateral duty

undertaken by the departments three lieutenants. The purpose of this function should be

to create a culture of accountability. The tasks assigned to the lieutenants should consist

of periodic reviews to ensure that work processes are being handled in accordance with

Policies and/or Procedures. This includes ensuring that appropriate polices are in place to

govern the work being performed. The Chief should direct the unannounced inspection of

various departmental processes. Examples include: vehicle and weapons inspections,

random police reports review for completeness and thorough supervisory approval, time

and attendance audits, trail audits (contacting reporting persons/complainants and even

traffic violators about the quality of contact with the police), pursuit review, review of

completed internal investigations and discipline for consistency and policy compliance,

evidence room spot checks, etc. If conducted on a bimonthly basis, each lieutenant would

be responsible for an easily manageable two inspections a year. This is a good checks

and balances measure undertaken by a great many police departments to ensure

adherence to polices, and to identify weaknesses that exist.

7. Create a Time and Attendance Policy

The department should create a time and attendance policy. The first point in the

departments Code of Conduct speaks to the requirement to be punctual and not absent

without leave, but this should be further supported by a written directive (Policy and/or

Procedure) that specifically spells out the requirement to be at roll call or other specified

location determined by assignment and supervisory direction at a designated time and

that departure from duty before the stipulated shift must be pre-authorized by the

appropriate supervisor, and noted on the official time record.


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Performance Appraisals

Currently, the department does not have a performance appraisal process in place. Thus,

there is no opportunity for supervisors to formally address and document superior andinferior performance or career goals and aspirations with their subordinates. Without

question, daily conversations can touch on these matters, but effective employee

management demands that the departments official representative (the immediate

supervisor) play a positive and steady role in encouraging subordinates to work to or above

the departments standards. Administrative sanctions, as the first actions when things have

gone too far, do not represent the best approach to encouraging and managing subordinates.

Recommendation:

8. Establish a Formal Performance Appraisal System

The department should establish formal, written, annual performance appraisal system for

all employees. This is essential to reward superior performance, address substandard

performance and maintain a standard of personnel accountability among all members of

the department. An annual performance appraisal is an opportunity for employees and

their immediate supervisor to examine the employees career progression over the 12

preceding months. Though an annual system is recommended, supervisors should sit

down with each subordinate at the six-month mark to discuss progress and shortcomings

and develop a plan for next steps during the remainder of the year. Then a supervisor can

set new performance goals and document training needs to help the employee reach

career aspirations. Taken seriously, this can establish a mentoring environment, while

building a strong foundation of accountability, career development and succession

planning. All of this, and a higher level of morale it helps to establish, can play a role in

reducing officer turnover and improve the quality of service to the public.

In some departments there has been concern over the confidentiality of such a system.

Even this can be overcome by holding annual consultations between supervisors and their

employees. This can be done through the requirement for an annual oral consultation


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between a supervisor and each of his/her employees. They can discuss performance,

documentation of goals for the coming year and a plan for pursuing career development

and a training plan that will assist them. However, if this course is taken, it should not

discourage supervisors from documenting poor performance of an employee. When

substandard performance is not documented, it then becomes difficult for a supervisor

or the next supervisor to build a case for disciplinary action.

Uniforms and Appearance

The purpose of the police uniform is that members of public can easily identify the wearer as an

officer and distinguish between officers from various agencies. When officers are free to wear

dissimilar articles, the full value of being uniform is lost and a less than professional image of the

department is on display. In East Haven, officers are not bound by policy and are permitted by

their labor contract to wear one of several uniforms. There is regular duty uniform, BDUs (a term

borrowed from the military Battle Dress Uniform), and another variation dubbed a Road Job

Uniform. As a result, the departments Policy and/or Procedure on Uniforms addresses only the

placement of hash marks on the uniform sleeve.

Recommendation:

9. Standardize Officers Uniforms

Officers should be required to wear the same summer and winter uniforms. The

departments Uniform Policy should identify the articles approved for wear in summer

and winter periods and identify the starting and ending date of each. Exceptions can be

made by the Chief of Police should unusual weather prevail. Exceptions can also be made

for officers in special assignments where an alternative uniform is necessary (Canine,

Training, etc). In Patrol and other highly visible assignments officers should wear the

regular full duty uniform. PERF understands this is a contractual matter than cannotunilaterally be changed at this time, but the matter should be addressed in future labor

contracts.


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Overtime Expenditures

Overtime is necessary and appropriate in several circumstances. Some overtime is generated by

incidents, investigations, calls for service and arrests that take place near the end of a shift and

when it would be impractical to transfer the responsibility to an oncoming officer. Other

overtime is necessary when officers or investigators are called back to duty when their expertise

is needed at that time. In many police departments, operational needs do not permit officers to be

away from their duty assignment for in-service and other training. Often they resort to paying

overtime to officers coming in on their own time for necessary training. For these purposes, it is

more efficient and realistic to rely on overtime than to hire one or more additional officers whose

work hours cannot be redistributed into short segments throughout the week, as would be needed

to fill in here and there.

Perhaps the most frequent use of overtime is when patrol cannot meet a safe minimum level of

staffing because of officers calling in sick or being off for a number of pre-approved categories

of leave. In East Haven, on each patrol shift, one officer is assigned to dispatch, often leaving

patrol shy of officers to meet workload demands and to provide that safe minimum number of

officers that provide officer safety. In all of these instances, another officer is held over or called

back to duty on overtime. Such call backs and holdovers consist of full days of overtime

expenditure. When reliance on backfill to maintain a safe staffing level in patrol becomes

routine, the department should consider staffing alternatives to improve efficiency and decrease

overtime. PERF examines this in the staffing/deployment section of this report.

The department is currently allocated $300,000 for overtime. However, in addition to the

overtime expended on call backs and hold over situations, it is used to cover necessary training

and other administrative circumstances that take officers out of their shift or call them in while

off duty. It was reported that as much as 20 percent of the budget is consumed in this way. But

the department does not track how its overtime budget is used.

Recommendations:

10.Initiate an Overtime Tracking System


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The department should adopt an overtime tracking system that records the purpose of

every hour of expended overtime. In this way, the department can better anticipate its

overtime needs and alternatives that may exist. Further, it helps to demonstrate to those

who oversee the departments expenses, exactly how and why these funds are expended.

11.Adopt a Formal Overtime Policy

The department should also adopt an overtime policy that spells out the circumstances

when overtime may be approved, the approval process, who may approve overtime, and

how it is to be reported. Then, in compliance with this policy, the department shall refrain

from shifting overtime resources for any purpose other than the uses spelled out in the

policy.

Medical Disability Policy

The department does not have an effective approach to ensuring that its members on injury leave

are monitored. The process should include considerations for returned to duty as soon as

medially appropriate or for retirement when a recovery is unlikely.

Recommendation:

12.Assign Responsibility to Monitor Medical Disability Leave

The department should fix the responsibility to monitor all members on medical disability

leave whether on or off duty. Such monitoring should be at a minimum monthly, and it

should consist of updating the departments file with information relative to any medical

appointment/evaluation done since the last update, new prognoses or any complications,

estimated date of return to limited or full duty, and limitations on work. Monthly update

reports should be submitted to the towns Board of Police Commissioners for information

and appropriate action.

Workplace Violence Policy

The department has no clear policy of its own addressing violence in the workplace. The State of

Connecticut has developed a comprehensive workplace violence policy that is suitable for almost


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all workplace environments. This policy and the accompanying 58 page manual are available

from the State and on line at www.ct.gov/opm.As in most workplace polices (outside of law

enforcement) one primary tenet is that, as a pre-emptive measure, weapons are restricted and

may not be brought into the workplace. With a workforce that is largely and legally armed, the

law enforcement workplace must be exempt from this requirement. Otherwise the States policy

is appropriate and could be adapted for use by the department.

Recommendation:

13.Adopt a Policy Prohibiting Workplace Violence

The department should formally adopt a policy of its own covering the prohibition of any

form of violence (lawful police actions excepted) in the workplace. The State of

Connecticut policy which is currently followed by department could serve as basis for a

departmental policy with modification for law enforcement use. Even with corrected

language regarding weapons, the two primary goals of the policy are applicable to any

work environment:

To reduce the probability that employees will engage in verbal threats or physical

actions that create a security hazard for others in the workplace, and

To ensure that any complaint of violence or the threat of violence is taken seriously

and is thoroughly and promptly investigated.

Promotion and Selection

The morale of officers is often deeply affected by how fair the departments promotion and

selection to special assignments processes are perceived. When the process for promotions is

exclusively subjective, officers often feel that a Good Old Boy system is really at work. Even

totally legitimate selections can be viewed suspiciously. Conversely, when promotions and

selections are strictly objective based on graded tests, officials complain that their honestjudgment about observed performance, prior accomplishments, and suitability are overlooked in

favor of the ability to memorize correct answers. Ideally, promotions (except to the highest

ranks) should include mix of both measurable exercises as found in most assessment centers and

the opportunity for command input. In East Haven, the department must comply with the


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regulations of the Civil Service Commission. The current process includes a written exam and

an oral board interview consisting of situational questions. These are both score and rank

ordered. It was reported to PERF that not all officers are confident that the current measurements

for promotion are sufficiently linked to meritorious accomplishment.

Recommendations:

14.Establish an Assessment Center Style Process for Promotions

The department should establish an assessment center style promotional process that

incorporates multiple testing components designed to assess each candidates knowledge,

skills and abilities as determined by a job task analysis to be essential to the rank being

tested for and that predict the candidates likelihood of success in the position. If the

resources to design such a promotional process are not available within the town, a

experienced and reputable outside vender should be contracted for such services.

15.Selection to Specialty Assignments Based Upon an Interview Process

Selection to open positions in the departments various specialties should be based on

selection by an oral board consisting of the departments deputy chief, the captain

overseeing the division in which the function resides, and the immediate supervisor of the

position. These boards should agree upon the questions to be asked and ensure that each

candidate is asked the same questions and given the same follow-up opportunity.

Candidates should be encouraged to discuss their accomplishments and career

preparation that make then the most qualified candidate.

Recruitment and Hiring

The Board of Police commissioners are the appointing authority for all members of the

department except for the Chief of Police. Applicants are selected in strict ranking order from a

certified list. This process is administered by Civil Service.

Recommendation:

16.Enhance Recruitment Efforts


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The department should enhance its recruitment efforts. The requirement that new officers

must be selected from a rank ordered list based strictly from written examination scores,

limits the department in its ability to select the most suitable new officers for serving East

Havens communities. By undertaking more aggressive recruitment aimed at those who

demonstrate a strong service orientation and a problem solving nature, those on the rank

ordered list, if hired, would be more likely to contribute to the departments goal of

exemplary service delivery. The most successful officers are those who recognize their

responsibility to assist and guide members of the public through the most trying of

circumstances. Though much of that recognition and invaluable experience is gained in

the academy and by emulating strong leaders, attracting the right applicants is a good

start. Moreover, the best suited new hires are more likely to feel good about their

employment which can help reduce turnover.

Personnel File Policy

Each employee of the department has a personnel file which is confidentially maintained. The

departments personnel file policy addresses the file content, additions and removals from the

file, retention and security of files and rules for examining files. PERF has conducted a review of

this policy and revised it to the level of best professional practice. The Recommended Model

Policy is attached at the conclusion of this report. (Attachment # 1)

Sexual Harassment Policy

The current Sexual Harassment Policy adhered to by the department is a Town of East Haven

Policy that addresses all forms of harassment. The policy strictly prohibits harassment by all

town employees and non-employees at town facilities. PERF has conducted a review of this

policy and revised it to the level of best professional practice. The Recommended Model Policy

is attached at the conclusion of this report. (Attachment # 2)


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Code of Conduct

In this directive, the department seeks to inform all its members, sworn and civilian, of its

expectation that they conduct themselves in a manner that brings trust and respect to the

department. Disregard for the high standards expected of police professionals jeopardizes the

relationship between the department and the community. In this document, the department

requires its members to conform to stated expectations. PERF has conducted a review of this

directive and revised it to the level of best professional practice. The Recommended Model

Directive is attached at the conclusion of this report. (Attachment # 3)

Operational and High Risk Policies

As part of the PERFs operational audit of the department, it conducted an assessment of the

departments most High Risk Policies and/or Procedures. PERFs findings and recommendations

are as follows:

Use of Force

The departments use of force policy and actual practice were not representative of the best

practices found in most progressive police departments. The department currently has five stand

alone written directives that encompass all Use of Force by officers. However, there is no written

directive that provides guidance as to the overall Use of Force, a description of the Continuum of

Force and the numerous levels of force and options available to officers and their order or

placement in the continuum.

Non-deadly use of force is not required to be reviewed by supervisors. As such, incidents in

which injuries were inflicted by officers were not handled uniformly or always investigated

unless a complaint was lodged. Use of Electronic Control Weapons (ECWs or Taser) is not

tracked. Only recently did officers begin to include details of use of force in their reports.It was reported to PERF that officers still do not routinely carry batons or chemical spray as

alternative tools to combat force used against them or as necessary to make an arrest. This is

reported to have led to increased use of ECWs devices.


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Recommendations:

17.Adopt an Overview Use of Force Policy

The department should adopt an overview Use of Force policy that would refer to each of

the departments policies governing use of the tools/levels of force covered in the

Continuum of Force. PERF has created such a Model Policy suitable for the

departments use which is attached at the conclusion of this report. Attachment # 4.

18.Modify All Use of Force Policies

The department should consider modifying each of the following Use of Force policies

currently in place. PERF has reviewed each policy and offers several recommendations

for enhancement that would bring the policies into compliance with best professional

standards. PERFs findings and recommendations for each policy are attached at the

conclusion of this report as noted.

Recommendations for Policy 2009-14 Cap-Stun Attachment # 5

Recommendations for Policy 2009 -1 Less-Lethal Force Policy Attachment # 6

Recommendations for Policy 2008-10 Use of Deadly Physical Force/Use of

Firearm Policy and/or Procedure Attachment # 7

Recommendations for Policy 2009 - 2 Rifle and Shotgun Policy Attachment# 8

Recommendations for Canine Policy Attachment # 9

19.Create a Use of Force Form

The department should create a Use of Force form to be completed whenever a

member of the department employs any level of force on a person regardless if injury or

death results. This single form should:

Provide identifying information for the suspect and the officer

Describe the incident leading to the use of force

Forceful or threatening actions of the suspect before the officers use of force

Weapons used or within reach of the suspect,

Action taken by the officer prior to his/her decision to use force

The degree of force or weapons used by the officer


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Any injury to either the officer or the suspect

Treatment provided for any injury

If an arrest was made and charges placed

Other suspects involved or arrested

Other officers involved

20.Establish Protocol for Supervisory Review/Approval of Use of Force Form

The Use of Force form should be completed by the officer and reviewed/approved by the

officers supervisor before the end of the officers shift. If the incident overlaps onto the

following shift, that shifts supervisor should review/approve the form and leave a copy

for the officers supervisor.

21.The Police Chief Should Review All Use of Force Forms

All Use of Force forms should be forwarded to the Chief of Police via the chain-of-

command for review before filing. If the Chief determines there is justification for an

investigation the matter for an internal affairs investigation. Any use of force incident

resulting in serious injuries, and all use of deadly force incidents (with or without injury

or death) should automatically be so referred.

22.Require Officers to Carry Baton and Chemical Spray

The department should require uniformed officers to carry as part of their daily work

uniform their baton and chemical spray provided they have been properly trained in their

use as alternatives use of force options to ECWs and deadly force. Those, if any, who

have not been trained should be trained as soon as possible.

Emergency Driving

Emergency driving takes place when police officers receive a call for service that is of an

emergency nature and the threat of grave injury or death may depend on the officers prompt

response. The risk of an emergency response to the officer and the public during an

emergency response is such that they should be limited only life-threatening calls. PERF has

developed a Model Emergency Driving Policy that is a composite of the best professional


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practices contained in the Emergency Driving Policies of 17 of the most progressive police

agencies in the nation. That policy is attached at the conclusion of this report. (Attachment # 10)

Pursuits

Pursuit driving is even more hazardous than emergency driving in that the police are second in

line. The first vehicle is often being operated by a frightened, careless, intoxicated, or drug

influenced driver who feels a strong need to escape the police. Most officers feel compelled to

not let the fleeing driver escape, but they may, in fact, be pushing him/her well beyond their

abilities behind the wheel.

The departments Pursuit Policy, dated 8/26/08 requires officers to obey the Policy, State

Statutes, and alerts them to make every reasonable effort to apprehend a fleeing violator, but

pursuit should not be carried to such an extent as to appreciably endanger the lives of innocent

users of our streets and highways, or the officer himself. As a general rule, pursuit is not

recommended or favored when the potential danger to the officer and the general public

outweighs the potential advantage of apprehending a fleeing vehicle by such means. The

directive goes further to identify factors to be considered by officers whether to initiate or

continue a pursuit, communication requirements, issues surrounding the pursuit vehicle, actions

upon termination of the pursuit and more. These are appropriate guiding principles, but best

practices dictate greater restraint when considering whether or not to pursue. Most progressive

departments require that pursuits are limited to vehicles when the officer can articulate a

reasonable belief that the occupant(s) is a violent felony offender.

PERF had developed a Model Pursuit Policy based on the best professional practices found

within the Pursuit Policies of 17 of the nations most progressive police departments. This Model

Policy is attached at the conclusion of this report. (Attachment # 11)

Criminal Investigations

In keeping with sound professional practice, the department relies on patrol to conduct the initial

investigation reported to the police. Criminal Investigators (one sergeant and four detectives)


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provide coverage from 8:00 am to 12:30 am, and readily respond to major crime scenes. It was

reported that patrol officers are encouraged to handle less complicated and less serious cases

when they can. Detectives provide assistance when needed.

The detectives are generalist who most often get their case assignments from the sergeants,

unless there in no sergeant working. In those instances, the detectives self-assign cases.

However, there is no formal case management system in place to ensure consistency in which

cases are assigned to an investigator, or to track case progress until completion. Assignments are

made based upon the judgment of the reviewer. Typically, each detective carries an open

caseload of 4-5 assigned cases.

Detectives, and some patrol officers, process crime scenes but in serious, complex, or high

profile cases, they can call in the State Crime Lab. Detectives have no clerical support. Vehicles

assigned to detectives are retired State Police Vehicles not outfitted with computers (MDCs).

Selection as a detective is a three component civil service process. There is a written exam, an

oral interview board consisting of panelists from other departments, and an interview with the

Board of Police Commissioners who make the selection.

Recommendations:

23.Adopt a Case Management System for Investigations

The departments criminal investigative function should adopt a formal case management

system. With a sergeant and four detectives, there is no demonstrated need for a

computerized tracking system, a manual system would be adequate. But, there should be

a written directive (Standard Operating Procedure) that establishes the parameters for

case assignment: severity of crime, value amounts in certain property crimes and if pre-

stated solvability factors are met. Specific types of cases can be assigned to detectives

with particular expertise, but generally assigned in a rotational manner being mindful of

each investigators caseload. Cases should be tracked by the sergeant from assignment to

closure in order to ensure each gets prompt attention. In all open cases (if not closed


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within 14 working day), the assigned detective should submit a supplemental report

documenting the reasons the case remains open and an action plan to close the case.

24.Selection of Detectives Should Include Input from the Detective Sergeant

Upon completion of the civil service testing process for a detective assignment, input

from the Detective Sergeant who will be responsible for the selectee should be solicited.

This is perhaps the departments most informed member as to the qualities and attributes

that should exist in a new detective. Though the Board of Police Commissioners are well

versed and best suited to oversee the management of the department generally, they

should not be expected to be as aware of the intricacies of criminal investigations as the

detective sergeant. At a minimum, he should occupy a seat on the selection board with

the members of the Board of Police Commissioners. Ideally, the final selection board

should consist of the Detective Sergeant, the Operations Captain and the Deputy Chief of

Police.

Officer Involved Shootings

The department investigates Officer Involved Shootings with death or injury differently than

those in which there is no injury. Those with injury or death are to be forwarded for investigation

by the State. Those in which there is no injury or death are to be investigated within the

department. While the gravity of a shooting by an officer in which a person is struck may be

greater than one in which there are no injuries, the circumstances and judgment should be

investigated equally. The vigor of the subsequent investigation should not be dictated by the

officers marksmanship. The departments investigation should be guided by the intent of the

officer to inflict deadly force which is the same in either instance. Either it was an intentional

act or an accidental discharge. An accidental discharge without injury or an intentional shooting

of an injured animal may be appropriate for investigation by the officers supervisor and reviewby the departments training officer. However, when a firearm discharge is an intentional act,

whether, or not, the officers bullet strikes a person should not result in different levels of

investigation.


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Recommendations:

25.Initiate an Internal Investigation in All Officer Involved Shooting Incidents

All Officer Involved Shooting incidents should commence with an internal investigation

conducted by the department. If at any time it becomes apparent that the investigation has

shifted to a criminal matter, the internal investigation must stop and a criminal

investigation should be undertaken by the departments investigators unless the Chief of

Police determines that the circumstances of the case are such that an outside criminal

investigation is justified. Barring such unusual circumstances the department should

conduct its own criminal investigations for intentional officer involved discharges (with

the exception of those when at an official range, or when destroying an injured/sick

animal). Under the direction of the Deputy Chief, the department is able to undertake

serious criminal investigations and therefore should investigate its own officer involved

shooting incidents.

26.Provide Personnel Training to Effectively Investigate All Officer Involved Shooting

Incidents

Before adopting the prior recommendation, the department must ensure or provide the necessary

training to its criminal investigators to prepare them to undertake these serious investigations that

could possibly include criminal homicide. This task cannot be taken lightly and demands

expertise in the most serious of criminal investigations. The department does not encounter

homicide investigations on a regular basis, and therefore must ensure the readiness of its

investigators through excellent training. PERFs recent publication, Promoting Effective

Homicide Investigations (James M. Cronin, Gerard R. Murphy, Lisa L. Spahr, Jessica I. Toliver

and Richard E. Weger, 2008) may provide assistance to those responsible for these

investigations.

27.Ensure Compliance with the Garrity Ruling

In order to comply with Garrity provisions, when a criminal investigation is initiated,

the department must conduct two distinctly separate criminal and internal

(administrative) investigations. They can be conducted concurrently, but there must be a


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one-way firewall in place to ensure that information learned in the internal investigation

does not make its way into the criminal investigation. However, criminal investigators are

permitted to share their findings with internal investigators. Given the departments

stretched staffing, internal affairs may need to rely on expertise from elsewhere in the

department, such as the Deputy Chief who has extensive investigative experience.

Citizen Complaint Process

Police departments always face the challenge of striking a balance between encouraging

members to the public to bring forth legitimate complaints about police service regardless if

the complaint is about police policy or a police officer while not unintentionally soliciting

complaints that are without basis. It is also equally important to structure the process so as to not

intimidate citizens who are already suspicious or fearful of the police and not jeopardize trust of

its members accepting and investigating fabricated or frivolous complaints. PERFs review of

the East Haven Police Departments complaint process included a review from the first step the

Complaint Form, through complaint intake, investigation, notifications, the role of the Chief of

Police and the Board of Police Commissioners, and closure.

Complaint Form

As a result of the review of the department by the US Department of Justice (DOJ), the

department had modified its citizen complaint form, no longer requiring notarization. Forms, in

English and Spanish, are now made available to the public not only at the police facility, but at

the town hall and the library and on-line at the departments website. PERFs review of the

current form finds it uncomplicated and to the point. It requires minimal but sufficient

information about the complainant and permits the complainant to convey the complaint in their

own words. The form is neither difficult to understand nor intimidating in any way. PERF finds

the new form sufficient for use by the public and department.


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Internal Investigations

The departments Citizen Complaint Policy was reviewed by PERF and was enhanced in the

form of a new Model Civilian Complaints and Internal Investigations Policy which attached at

the conclusion of this report. (Attachment # 12)

Disciplinary Actions

Currently, if the Chief of Police believes there is sufficient evidence to discipline an employee,

he/she may administer the appropriate action. Discipline may include but is not limited to a

verbal or written reprimand, suspension or enter into negotiations with the Union regarding

alternate types of discipline or corrective action.

If the Chief decides the allegations are more serious the investigation may be forwarded to the

Board of Police Commissions which has the authority to suspend without pay for an unlimited

time period, dismiss the charges, or terminate the employee. The Board will conduct a full

Board hearing during which evidence is presented. The complainant(s), witnesses, accused,

officers, and all other pertinent individuals may give testimony. If necessary the Board of Police

Commissioners can subpoena individuals involved. Anyone that has given a statement in the

matter is entitled to a copy of their statement after the investigation has been concluded.

When employees compare the discipline that has been issued to several individuals for like

infractions and unevenness exists, the department can expect to hear complaints of favoritism,

and cronyism, as well as racial or sexual discrimination. Most progressive police departments go

to great lengths to demonstrate their fairness and consistency by following the recommendations

for discipline in a transparent disciplinary policy and matrix. A disciplinary matrix lists

infractions and the range of discipline that is appropriate for each. Though often in Matrix form,

the directive can easily be in the form of a list as well. The severity of discipline issued, fromwithin the range, depends on mitigating factors, such as unusual circumstances, if it is a 2nd or 3rd

infraction, etc. When the departments command follows these pre-established

recommendations, there are few complaints about the administration of discipline. The Denver,

CO and Minneapolis, MN Police Departments have disciplinary matrix policies and practices


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that are considered policing best practices. PERF has provided a sample a Model Disciplinary

Policy suitable for adoption by the East Haven Police Department and, as an example, the

Disciplinary Matrix currently in place in the Denver, CO Police Department at the conclusion of

this report (Attachment # 13).

Recommendation:

28.Establish Transparency in the Administration of Discipline

In addition to the adoption of the recommended Disciplinary Matrix, the department

should strive to be open and transparent about the administration of discipline. One way

to accomplish this is to make available to all members, a running account of all discipline

issued over the past three years. The list should not identify violating employees, but it

should list the rank and tenure of the employee, the charges sustained, the discipline

issued and any mitigating circumstances. In a small department, the number of

disciplinary actions listed will be small and may not be as telling as in a larger

department, but it demonstrates the commands openness and it serves to discourage the

issuance of discipline not in line with the violation and mitigating circumstances.

Early Intervention System

The East Haven Police Department has no formal Early Intervention System (EIS) to identify

members who are at risk of falling into a pattern of behavior or repeated actions that, if

continued, could result in disciplinary action.

The purpose of an EIS is to identify officers who may be at risk, personally or professionally,

and to provide them with appropriate support and guidance including counseling and/or formal

employee assistance so that their behavior does not lead to disciplinary action. It is intended to

provide the Chief of Police an opportunity to review selected data when any officer has been thesubject of multipleformal or informal complaint investigations within a specified time period.

This is not a disciplinary system. It is strictly for the Chief of Police to proactively address the

behavior of employees at risk to reduce the need for disciplinary action by providing all available

resources to employees.


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In a department the size of East Haven, the necessary data included in an EIS can be managed

through the purchase of specifically designed software or simply maintained in spreadsheet

format on a secure computer. The key is consistency in entering actions captured in the system

(complaints/disciplinary matters, performance issues, vehicle accidents, civil actions/judgments,

and other matters that could impact a members well being or would cause the Chief to be

concerned if they continue). This cannot be a disciplinary system, but rather an opportunity to

intervene before a pattern or combination of concerns becomes serious. The San Francisco and

Oakland Police departments in CA, and the Phoenix, AZ Police Department have Early

Intervention Systems that are considered policing best practices. PERF has provided a Model

Early Intervention System Policy that includes the best professional practices contained in these

and other such policies. PERFs Model Policy is attached at the conclusion of this report

(Attachment # 14).

In-service and Specialty Training

The department is now conforming with the State of Connecticut POST requirement that officers

receive 54 hours of in-service training every three years and that new supervisors receive training

within one year of their promotion. The POST mandates the topics to be covered except for 15

elective hours. Firearms/range training and requalification consists of nine hours over three

years. Other training that has been approved is that which is required for maintaining

certifications. And, since the DOJ review, the department, in conjunction with the DOJ, has

undertaken a formal initiative to provide training to its members in an assortment of topics,

including: conflict resolution, cultural diversity, making high and low risk stops, gang violence,

and more.

The departments training officer (a collateral duty for the Records Officer) receives notice ofopportunities from the State POST regarding outside career development. This includes training

opportunities to enhance skills and proficiency in a wide array of topics relative to all officers as

well as specific training for those in specialty units (investigative techniques, computer crime,

sex crimes, canine, etc.), however no such training has been funded. A lack of training in the


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department is not a new situation. It was reported that some six years ago when the department

obtained its in car computers, officers were not trained in their use, and many today are not

sufficiently familiar with the departments computer system.

Ignoring the need to provide training, whether it defensive tactics, de-escalation techniques,

emergency driving, use of force, and search and seizure, or how to use the departments

technology to its fullest, not only limits the abilities of the department but increases the towns

liability. Training must be reinforced on a regular basis for officers to maintain proficiency.

Without this reinforcement, officers, the public and the town are all at greater risk.

Recommendations:

29.Include Training Funds in Annual Budget

The town should make funds available to the department to ensure in-service training is

conducted annually. In-service is vitally important in keeping the departments sworn and

civilian members up to date on changes in law and best practices, and officers proficient

in tactics, officer safety measures and many high-risk operational matters. Failure to keep

officers at their best can put them at serious and undue risk and it can result in an elevated

liability risk to the department and the town. Without sufficient in-service training to alert

officers to new practices and techniques that can help keep them safe, as well as topics

like conflict resolution and incident de-escalation, they can become complacent in their

interactions and service to the community becomes stagnant. And without on-going

training to ensure proficiency in defensive tactics and use of force options and

considerations, they may take excessive action if they are not confident in their ability to

contain or de-escalate a situation without reliance on force.

30.Budget Should Include Funds to Meet the Training Needs of the Department

Funds should be made available to permit specialty training, at a minimum to establish

and maintain the knowledge skills and abilities in core function areas, as identified by the

Chief of Police as essential in providing proper law enforcement services to the

community. Ideally, all new supervisors should complete supervisory training before

taking on their new roles. At the very least they should receive training as soon as it


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becomes available. It is unfair and ill advised to put newly promoted supervisors in a

position in which they a held responsible for the actions and work products of

subordinates until they have been adequately prepared. All members of the department

would benefit from conflict resolution, crisis intervention and cultural diversity training.

31.Increase Firearms Training

Officers should spend more than nine hours over three years on firearms training. In

addition to an officers initial decision to undertake deadly force (shoot/dont shoot), the

use of a firearm has far reaching impact. There is the officers proficiency, tactical

considerations such as close range combat vs. taking cover (practical situations), the

technical aspects of the firearm itself, reloading under pressure, and much more. All of

this is taught at the police academy, but over time these skills diminish without

reinforcement. Nine hours over three years is not much time considering the wide array

of firearms training topics to be covered. Ideally, the department should allow each

officer three hours every six months for range, training, and related topics such as policy

review and judgment/decision making.

32.Departmental Training Officer Should have an Inspectional Role

Copies of incident reports of pursuits, officer involved shootings, and Use of Force

Forms should be forwarded to the departments training officer for review. These reports

are vitally important in uncovering training needs, not only for the individuals involved,

but for the benefit of all officers through in-service and roll-call training or training

bulletins.

Racially Biased Policing

Racially-biased policing occurs when law enforcement officers inappropriately consider race orethnicity in deciding with whom and how to intervene in an enforcement capacity. In compliance

with Connecticut law, the department has established a Traffic Stops and Statistics/Racial

Profiling Reporting Policy which recognizes the illegality and impropriety of stopping, detaining

or searching any person when such action is motivated solely by race, color, ethnicity, age,


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gender or sexual orientation. That policy spells out reporting requirements and the

responsibilities of both officers and their supervisors. Two PERF publications may be of

assistance to the department: Racial Biased Policing A Principled Response (Lorie Fridell,

Robert Lunney, Drew Diamond, Bruce Kubu with Michael Scott and Colleen Laing, 2001) and

By The Numbers (Lorie A. Fridell, 2004), a guide for analyzing race data from vehicle stops.

Policy Review

When officers can clear any traffic stop, they must complete the computerized Racial Profiling

Form on the computer in their police vehicle or by the CAD officer at the station. The electronic

form requires information as to the race, gender and age of the stopped person, the nature of the

stop, and the outcome (arrest/citation/warning). At any time a stopped person wishes to make a

complaint about a stop, the officers supervisor is to respond and provide a complaint form.

These forms are to be directed to the Chief of Police for further action. PERF conducted a

thorough review of this policy and developed a Model Racial Profiling Policy which is attached

at the conclusion of this report. (Attachment # 15)

Management Structure

As part of the Police Executive Research Forums study of the East Haven Police Department, a

review of the current management and organizational structure was conducted to determine its

effectiveness in meeting the agencys mission and facilitating the timely and seamless

completion of work. Ideally, there should be congruence between the two.

PERF found there was a disconnect between the management and structure of the department

which did not support accomplishing the agencys mission. This is apparent by the lack of

oversight; the inability to direct resources and accomplish tasks in a timely manner; and

inadequate mechanisms to communicate internally with the Board of Police Commissioners,Mayors Office and members of the department and externally in the community.

The organizational structure recommended by PERF incorporates the following five levels of

command and supervisory ranks: Chief of Police, Deputy Chief of Police, Captain, Lieutenant

and Sergeant. Under the proposed structure, the rank of inspector is eliminated and replaced


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with a second captains position. The Administrative Lieutenants position is also eliminated

and those duties are incorporated into the responsibilities of the Administrative Captain. This

configuration reduces duplication of duties while allowing for additional promotional

opportunities and increases the Chiefs flexibility of assigning command staff.

Board of PoliceCommission

Chief of Police Internal Affairs

Sergeant

Deputy Chief of Police

Administrative DivisionCaptain

Operations DivisionCaptain

Patrol ServicesInvestigative

Services

Detective SergeantDay Shift

1 Lieutenant2 Sergeants

Evening Shift1 Lieutenant2 Sergeants

Morning Shift1 Lieutenant2 Sergeants

Information

SystemsRecords

Court Liaison

Command and Supervisory Rank Structure

Chief of Police (1)Deputy Chief of Police (1)Captain (2)

Lieutenant (3)Sergeant (8)

PERF Recommended

East Haven Police DepartmentOrganizational Chart


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The above re-engineered rank and organizational structure of the EHPD increases the value

derived from each management position and better aligns organizational authority commensurate

with responsibilities. PERFs restructuring of command and supervisory staff is designed to

provide direction and oversight over the day to day operations of the department to achieve the

delivery of quality police service to the community.

Managing change and gaining the trust of the community may well be the most critical functions

of managers in the East Haven Police Department over the course of the next several months.

Successfully transitioning the police department will require strong executive oversight along

with the support and talents of command staff and supervisors.

A chief of police has two primary jobs within todays complex policing environment. One,

which includes a substantial amount of time externally, is to explain the operations of the

department to the public at large, to community groups, and to elected and appointed public

officials. The second important role that a police chief must perform is to give strategic direction

to the department which includes managing and leading employees and overseeing strategic

change. This requires careful stewardship and also a substantial commitment of time. It is

difficult, if not impossible, for a chief to perform all of these roles well without the support and

assistance from a clear second in command. Consequently, it is PERFs strong assertion that the

appointment of a Deputy Chief in the East Haven Police Department is an extremely important

element in helping the department move forward both externally and internally. This effort has

now been completed.

Patrol Staffing

Patrol staffing in East Haven is provided around the clock by three shifts of patrol officers. By

contract, midnight shift begin at 12:00 am and ends at 8:30 am, day shift begins at 8:00 am and

lasts until to 4:30 pm and evening shift starts at 4:00 pm and ends at 12:30 am. Officers work


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four straight 8.5 hour tours followed by two consecutive days off, also by contract. During their

work days they have a 30 minute meal break. Shifts are fixed, although a new bidding process

takes place every three months.

During the study period each shift was staffed with two sergeants and ten officers. A lieutenantwas in charge of the day shift and another was in charge of the evening shift. No lieutenant was

assigned to the midnight shift.

There is no minimum staffing requirement but in practicality the department strives to maintain

four patrol officers in the field on each shift with at least one supervisor. This target is a result of

the citys geography and to meet adequate back-up and officer safety needs. Interstate 95 bisects

East Haven creating north and south areas that have limited access to each other. Therefore,

having two officers assigned to the northern portion of the city and two south results in a quick

response to calls in each section and ready back-up for the responding officer. In addition,

episodes that need more that two officers can get support, although on a somewhat delayed basis,

from officers assigned to the other portion of the town.

Depending on how the days off sequences are scheduled during a shift, the four on, two off

schedule for 10 officers results in seven officers scheduled to come to work most days but with

only six scheduled one or two days per week. The schedule can be adjusted so that eight officers

can be scheduled for some days but eight officer days will result in more six officer days. A

defect in almost any schedule that rotates days off, i.e., (Sunday Monday one week and

Monday Tuesday the next and so on) is that the number of officers scheduled is about the same

each day schedules can not be adjusted to match peak work days such as Friday and Saturday

although occasionally the days with the most officers scheduled will match peak workload. A

recent sample of EHPD rosters shows the following schedules.

Sample Shift Schedules: Number of Officers

Shift SAT SUN MON TUE WED THU FRI

Mid #1 7 7 7 7 6 6 7Mid #2 7 7 7 7 6 7 7

Day #1 7 6 6 7 7 7 7

Day #2 7 7 6 6 7 7 7

Eve #1 6 8 7 6 7 6 6

Eve #2 8 7 6 7 7 6 8


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Because the evening shift schedule has eight officers scheduled some times it has more days with

only six officers scheduled. In the second evening shift sample the eight officer days are on

Friday and Saturday matching typically high workload. However, in the first sample for evening

shift, only six officers are scheduled for Friday and Saturday.

An important element in looking at patrol staffing is the show-up rate. This rate answers the

question of those scheduled to work how many show up and are assigned to calls for service

response? Officers may be absent due to vacation, illness, injury, training, etc. PERFs work

with departments similar to East Haven shows typical show-up rates from 65% to 80%. The

rates are partly a function of how veteran the patrol force is and the rate at which officers accrue

days off. Typically, veteran officers accrue more days off than younger officers and therefore

have a lower show-up rate.

In East Haven days off are earned on a fairly generous basis. Officers began with two weeks of

vacation and then gain an additional week for every five years of employment topping out at six

weeks per years after 25 years on the job. All officers are eligible for 13 holidays and receive

two personal days. They also accrue 15 sick days per year.

Additionally, in East Haven, scheduled officers may used for other duties than patrol. One

officer from each shift is assigned to be the call taker/dispatcher for that shift. If that assignment

would result in fewer than four officers available for field duty, then an officer or sergeant is

hired on overtime for dispatching duties. Officers has also been assigned to work in the station

on tasks including compiling records need to comply with Freedom of Information requests and

to respond to subpoenas resulting from the investigations by the Department of Justice.

In East Haven, show-up rates vary substantially be shift. Using a sample of rosters PERF

calculated a show-up rate for midnight shift at 60.5%, day shift at 79.4% and evening shift at

57.8%. During a two week period, 28 patrol shifts were staffed with overtime personnel. This

represents 13% of all the shifts that were staffed during the two weeks. This does not include

overtime staffing of the dispatcher function or to maintain a supervisor per shift.

Of the 28 patrol overtime shifts, only ten were used to ensure that four officers were available for

field duty. The others were used to increase patrol staffing above four.


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On evening shift, usually the busiest shift, officers were hired to maintain field staffing at five or

more. Some overtime hirings do not necessarily correspond to days or shifts when high levels of

workload might be expected. For example, on midnight shift two officers were hired on

overtime on a Wednesday to bring field staffing to six whereas four are typically used. One was

hired on a Thursday to bring field presence to six from the five that did show up.

The 28 bi-weekly overtime shifts for field patrol staffing equates to about 6200 hours per year.

At an average overtime rate of approximately $41 per hours this expenditure totals

approximately $254,000 annually. To increase field patrol staffing and reduce overtime

expenditures for field patrol vacancies the East Haven Police Department should take the

following steps.

Recommendations:

33.Hire Additional Civilian Dispatchers

The EHPD should hire five full time civilian dispatchers to provide 24 hour a day, seven

days per week call taker/dispatcher coverage. At a projected starting salary of

approximately $43,000, the total cost of five dispatchers with salary, fringes and leave

benefits is estimated to be about $340,000. The benefits from this hiring include:

Adding one officer per day per shift thus eliminating approximately $108,000 in

annual overtime created when one officer is hired to backfill a field vacancy andincreasing the number of field officers scheduled each day for each shift by one..

Eliminating approximately $189,000 in annual overtime when officers/sergeants arehired to file dispatching vacancies.

Dispatchers would be able to perform some other clerical duties now performed byofficers assigned to special duty in headquarters.

As with other Connecticut police departments, with installation of appropriateaudio/video monitoring equipment, dispatchers would be able to monitor the holdingcells. Street strength would be further increased.

The cost of the five dispatchers $340,000 would be partially offset by thepotential overtime savings of $297,000 ($108,000 reduction in field vacancy backfilland $189,000 reduction in dispatch overtime).

34.Implement a New Patrol Schedule

The Town and the Department should consider negotiating with the union to change the

schedule from four 8.5 hour days followed by two days off to five 8 hour days followed


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by two days off. This would increase the number of hours worked per officer by 12

hours annually, from approximately 2,068 per year to 2080 per year. This shift would

offer the following benefits.

The current 4-2 averages 47 officers scheduled per week for each shift. A 5-2 would

produce 50 officers scheduled weekly, an increase of three per shift, a total of nineper week. This modest increase in scheduled officers could be used to further reduceovertime.

A 5-2 schedule with fixed days off would allow officers to be consistently assigned topeak workload periods and provide a better match of personnel and workload.However, it would result in some officers having no access to weekend days off foreach three month bid sequence. To make the bid process more equitable, and toprovide occasional access to shifts with more desirable days off sequences,consideration should be given to ha

Documents

East_Haven_Final_PERF Report[1]