Ohio Police Chief

Ohio Police Chief 2013 - First EditionO

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What’s Inside:

• Chiefs’ In-Service/Annual Conference Recap

• Firearms: Are Your Offi cers Ready For Th e Fight?

Are You Sure?

• Beyond Supervision: Eff ective Police Leadership

• Excited Delirium

• If You See Something, Say Something

Ohio Police Chief 3

CONTENTS

9 From the OACP President, Chief Kenneth R. Hinkle, CLEE

11 Letter from Committee Chair, Captain Louise Eggert

13 In Honor of Our Fallen Heroes

15 In Memory of Chief Thomas N. Davidson

17 National Law Enforcement Offi cers Memorial Fund

21 OACP President’s Award

23 William E. Crosier Distinguised Service Award

25 Theodore S. Jones Service Award

27 The Ron & Rita Jornd Chiefs’ Children’s Scholarship

29 Law Enforcement Foundation, Inc. Friend of the Foundation Award

31 Special Award: Dr. Ray Miller

33 OACP New Members

37 New Member Chief: Fred W. Bittner Mayfi eld Heights Police Department

39 New Member Chief: John Cresie, CLEE Butler Township Police Department

41 New Member Chief: Don A. Lucas Wittenberg University Police Department

43 New Member Chief: Bruce Pijanowski Delaware Police Department

45 New Member Chief: Brent Tysinger Crooksville Police Department

49 2013 OACP Chiefs’ In-Service and Annual Conference

OHIO POLICE CHIEF

75 Excited Delirium By Chief David Olds Upper Sandusky Police Department

79 Ohio Homeland Security Urges the Public and Law Enforcement – “If You See Something, Say Something” By Richard C. Baron, Executive Director Ohio Homeland Security83 QuickClear Helps First Responders Manage Traffi c Incidents Effi ciently By The Ohio Bureau of Workers’ Compensation85 Missing Incidents in Persons with Alzheimer’s Disease: Current Research and Search Strategies By Meredith Rowe, Professor University of South Florida

59 Firearms: Are Your Offi cers Ready For The Fight? Are You Sure? By Jeffrey K. Scott, CLEE67 Professional Services By Chief Jeffrey Kruithoff, CLEE Springboro Police Department

71 Beyond Supervision: Effective Police Leadership By Sgt Deirdre R. Jones, Cleveland Division of Police

Professional Development

Special Interest

Association News

Cover Photos:2013 OACP Chiefs’ In-Service & Annual Conference

Top row: (l to r) Chief Steven J. Sarver, CLEE and President Kenneth R. Hinkle, CLEE; Administering the Oath of Offi ce;Mrs. Rebecca Sarver and Chief Steven J. Sarver, CLEE.

Second row: 2013 - 2014 OACP Executive Committee.

Third row: (l to r) Newark P.D. Honor Guard; Chief Dwight Holcomb and Chief Kenneth R. Hinkle, CLEE; Jessica Davis, singer,National Anthem, President Kenneth R. Hinkle, CLEE, Chief Richard Skilliter and Chief David Marcelli, CLEE.

Fourth row: Chief Thomas N. Davidson, Tipp City Police Department

93 Sponsors

96 Patrons

97 Advertisers Index

Association News

Ohio Police Chief

Ohio Police ChiefVolume 61 1st Edition 2013

www.oacp.org

Ohio Association of Chiefs of Police, Inc.6277 Riverside Drive, #2N, Dublin, Ohio 43017-5067

(614) 761-0330 - Fax (614) 761-9509 - Email oacp@oacp.org

Publications CommitteeDistrict 1: Chief Kenneth R. Hinkle, CLEE, Obetz PD Deputy Chief Stephen L. Hrytzik, Powell PDDistrict 2: Chief Kevin Cashen, CLEE, Tiffi n University Captain Louise Eggert, Toledo PD (Chair) Chief David M. Olds, Upper Sandusky PDDistrict 3: Professor John M. Boal, University of Akron Chief Michael Mier, Copley PD Chief Michael T. Pomesky, Perry Twp. (Stark Co) PDDistrict 4: Chief R. Steven Bailey, CLEE, M.A. M.S., Miami Twp PD

Editorial StaffEditor: Jackie Jordan

Graphic Design and Layout: Eagle Printing & Sign LLC

NOTE

Statements of fact and opinion published in this magazine are solely the responsibility of the author and do not imply any opinion on the part of OACP, its offi cers, membership, or staff. The printing of an advertisement in this publication does not represent an endorsement of products or services by OACP, its offi cers, membership, or staff.

Permission to reproduce the contents, but not for profi t, is hereby granted provided the following statement is included: Reproduced from Ohio Police Chief. However, reproduction of any part of this magazine for commercial purposes without express permission is strictly prohibited.

Copyright © 2013 by Ohio Association of Chiefs of Police, Inc.

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Ohio Police Chief

“The Case of Complacency”

I was called by a local police agency last year to come and administer their annual fi re-arms requalifi cation. It was a cool, brisk, dewy morning on the range as the fi rst round of offi cers had checked andloaded their weapons with the required rounds for the upcoming course of fi re. Since it was unclear when the offi cers last ‘trained’ on their fi rearms, a mandatoryreview of the four (4) fi rearm safety rules was conducted along with a review of the fundamental fi rearm platform skills. As a fi rearms instructor, I make it a point to do this review, each and every time, no matter the level of expertise of the offi cers present. Instructional note: “We are what we repeatedly do. Excellence, then, is not an act, but a habit.” (Aristotle)

Two of the offi cers in the fi rst group, arrived to the range having just completed their tour of duty on the night shift. The offi cers lined up on the 20-foot line to do a ‘re-familiarization’/orientation drill, as I could sense the anx-iety building because it was re-qualifi cation time again and they had not trained on their weapon system(s) since last requalifi cation (that will be another article forthcom-ing). The command was given for the offi cers to draw their weapons from their level-2 holsters, come up on target and fi re two rounds to the preferred area of thetarget.

As I observed the offi cers complete their fi rst round for this orientation phase, two offi cers had pulled theirtriggers, no round(s) fi red and they just froze.Because they experienced a malfunction, and failed toinstinctively fi x their malfunction (‘tap’ the magazine to ensure proper seating of the magazine and ‘rack’ or chamber a fresh round), we used this time as a train-ing opportunity to reemphasize the proper way to clear the malfunction and reengage the target. The offi cerscompleted the malfunction drill, pulled their triggers, and again, nothing happened.

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Firearms: Are Your Offi cers Ready For The Fight? Are You Sure?By Jeffrey K. Scott, CLEE

(Continued next page)

PROFESSIONAL DEVELOPMENT

Jeffrey K. Scott, CLEE

Introduction

Complacency in law enforcement seems to be a ‘hot but-ton’ topic in many of our professional law enforcement publications these days—and rightfully so. Complacen-cy can strike law enforcement agencies at every level, from patrol offi cer, supervisory staff, all the way up to and including the chief of police. You don’t have to look too far to fi nd law enforcement complacency plastered all over social media (YouTube), where offi cers fail to fully incorporate and use good tactical skills, placing them-selves and others in harm’s way while dealing with the non-law abiding public.

In the past several years, we have been witness to and read many stories about our men and women in ‘blue’ who have succumbed to the violent, permanent effects complacency holds. While many of our men and women in law enforcement are doing good work and getting the bad guys off the streets, how often do they put themselves at risk, because of complacency? How many supervisors and chiefs are ensuring offi cers are properly equipped, trained and verifying their readiness on a regular basis? Or, do we just assume the offi cers know what they aredoing and we do not provide training, oversight andconfi rmation to ensure readiness, preparedness andeffectiveness in their actions to serve and to protect?

Complacency is law enforcements number one enemy, and that complacency can, and eventually will, turn fatal if we neglect to do anything about it. The very topic of complacency in law enforcement is often times avoid-ed and shadowed by denial, excuses that it costs money for training - which means an investment of our time, and, makes us hold others accountable. The goal then, for us today, is to learn from our mistakes and often themistakes of others, fess up to our own shortcomings(personal and supervisory), and strive to achieveexcellence in all we are doing for our agencies, ouroffi cers and our communities we serve.

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PROFESSIONAL DEVELOPMENT

While evaluating their weapons to further explore the cause of the malfunction(s), the fi rst offi cer’s weapon was extremely dirty and oozing with gun oil from allorifi ces. When asked the last time the offi cer even performed any cleaning or maintenance on the weapon, the offi ceradmitted he had not cleaned it since the previous requali-fi cation and he heavily oiled it to prevent corrosion. Upon further evaluation of the ammunition he was fi ring (his duty rounds were being used), the fi rst fi ve (5) rounds in his magazine were completely saturated with oil and the primers likely failed.

The second offi cer, a road sergeant and senior supervi-sor, experienced a malfunction, but what I saw was a fi rst in my career. As I attempted to open the slide of theweapon, I could barely open it to inspect the chamber. Once the slide was open, the entire weapon was riddled with a paste like substance (almost like thick black tar) and the entire inside, including the springs, were completely corroded and rust was observed throughout. When asked the last time it was cleaned, inspected or even serviced, the sergeant indicated it was over three (3) years since it was last cleaned and it had never been inspected by a factory authorized gunsmith in the 12 years he has carried it.

The reality of this situation and what was discovered, as you could imagine, was an eye opening experience for all the offi cers present that day at the range. The offi cers whose weapons initially malfunctioned were the sameoffi cers who had just completed their shift and arrived for requalifi cation. If these offi cers were faced with a life-threatening situation (active shooter, car stop gone bad, etc.) during their shift the night prior; days, weeks, even months prior; complacency would have consumed another member in blue, put an innocent member of the public at risk because the offi cer(s) could not help them, or worse, this offi cer was dispatched to assist anotheroffi cer in a gun battle or fi ght for their life and was not able to assist because of a very preventable issue.

In the weeks after, in speaking with the chief, the depart-ment had no policy, procedure or documentation in place for routine supervisory (or command level) inspection of offi cer(s) weapons and equipment, no policy, procedure or documentation in place to conduct at minimum, anannual inspection of offi cer(s) fi rearms by a factoryauthorized gunsmith, and, it was further discovered the

agency, like many, had little to no annual fi rearms train-ing and they routinely consider their annual requalifi ca-tion as their ‘training.’

Supervisory Responsibility

The plurality of supervisor’s duties includes being aleader, coach and disciplinarian. Offi cers are looking to the supervisor(s) and command staff for clear andconsistent guidance as well as development of sound and proven (nationally recognized) best practices that mayinclude National Accreditation (e.g. CALEA). Supervisors should be committed to consistentexecution of rules, regulations and SOP’s, follow thru and verifi cation of tasks and orders, and holdingoffi cers and the agency to a higher ethical standard.

As supervisors and leaders, we are keenly aware of the vicarious liability that looms in our daily lives, leading the agency and its personnel. Supervisors and leaders are routinely exposed to and should be very familiar with certain case law that affects how we operate our agen-cies. Such examples are foundational issues of “Failure to Train” (City of Canton v. Harris, Zuchel vs Denver, Walker v City of New York) and cases involving “Failure to Supervise” (Shaw v. Stroud).

Does your agency have core beliefs that include:professionalism, respect, integrity, dedication, prepared-ness, commitment, or excellence? These and other core beliefs are a foundational tool, that if truly implemented, can help eliminate or reduce complacency within our agencies and offi cers. Richard Ayres, in his book, “Lead-ing to Make a Difference,” states, “Shaping the organiza-tion’s core ideology with becoming an ethical, character drive leader; i.e., doing the right thing, being positive role model, setting the example, committing to a positive set of beliefs coupled with an equally appropriate set ofactions and behavior – to walk the way we talk.” (Ayres, 2011, pg. 39) In short, ‘Doing the Right Thing, the Right Way, for the Right Reasons.’

In the end, supervisors (command staff and chief includ-ed) need to be bold enough to step up and ‘Do the right thing, the right way, for the right reasons,’ and hold their agency, themselves, and its offi cers, fully accountable, as their preparedness to do the job ‘is’ ours to deal with.

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PROFESSIONAL DEVELOPMENT

(Continued next page)

Warrior Mentality

One of the best videos and lectures I have ever witnessed is one given by Lt. Col. (Ret.) Dave Grossman called, “On Sheep, Wolves and Sheepdogs.” LTC Grossman states, “A sheepdog, a warrior, someone who is walking the hero’s path. Someone who can walk into the heart of darkness, into the universal human phobia, and walk out unscathed.”

In order to achieve this warrior mentality it requires:preparedness; the development and replication of skills that are fundamentally sound; the establishment of good practices of discipline and physical/mental readiness. We are only as effective as our gear and equipment being at its peak performance, capability and readiness, coupled with a prepared mind, trained and skilled for battle. Warriors train, and train hard; and so should we.

We see each day that the war on police (offi cers being ambushed, gun battles, actives shooters, etc.) is everincreasing. The demands of our offi cers to respond to and remedy a violent encounter is growing more and more, no matter whether it is small town or big city USA; not one of us is exempt from the reality of violence. Depart-ments and their command staff (supervisors) have to becommitted to achieve superior readiness (training, equipment, role play, and did I mention, TRAINING!),subscribing to the principles of excellence that will allow their agencies and its offi cers to overcome any obstacle before them; anything less, will lead us down the path of developing complacent attitudes and developing or using poor police tactics which will place us at a risk to others, ourselves, our family and our communities.

As a supervisor, commanding offi cers or chief, areyou preparing your troops for battle and to be goodwarriors? Are you equipping them with the best ordoing just enough to get by, hoping nothing will ever happen? When it comes to fi rearms and other lethal/less-lethal tools, we cannot cut corners, we cannot ‘just get by,’ we have to be committed fully to the tool(s) our offi cerscarry, and the tool between their ears. In life’s mostcritical moment(s), we revert to our training; there-fore, warriors who are prepared, trained and properlysupervised, will be effective in their resolve to save a life (citizen), the life of a fellow offi cer(s), or the life of their own.

Overcome Complacency…TRAIN, EVALUATE,INSPECT!

To overcome the perils of complacency, it must fi rst start at the very top of the organizational ladder, the chief and his/her command staff and supervisors. We speak so much about maintaining an effective ‘commandpresence’ when dealing with the public, but how about within the organization? Are you holding yourselfaccountable, displaying good behavior before the ‘troops’? Are you maintaining high standards forperformance, readiness, preparedness, and profession-alism? Are you using good tactics if you are working the streets alongside your offi cers? When was the last time you checked and trained with your own duty belt, your weapon, and available tools and equipment? Are you both mentally and physically ready for battle if and when put in to action? If the answer to any of the abovequestions are ‘no’ or ‘not sure,’ think of what this looks like before your troops.

TRAIN: Overcoming complacency presents a clear and present need for the agency to be proactive andcommitted to the development of their [offi cers]knowledge base, continual and constructive evaluation of performance, holding to and maintaining high standards of professionalism and ensuring offi cers are prepared,capable and ready to do their jobs, without hesitation. This all comes from an effective, progressive, on-going, routine, committed training plan. Anything less is arecipe for complacency.

As supervisors and command staff, you should provide some type of training every day, examples may include: roll-call training to include a scenario or recent case, pass-on log readings or share articles from a major law enforcement bulletin or magazine (I send emails almost weekly to a list of offi cers with various articles I have read in the past week), review a policy or procedure until you have reviewed them all and then start all over again. Additional no-cost training can include on-line learning (there are many websites offering on-line learning oppor-tunities), send or host local or regional OPOTA seminars (often at no charge), have your local prosecutor, victim advocate, judge come a speak on a topic of interest. Training should be the last item ever cut from any depart-mental budget. In fact, as times get tougher fi nancially

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PROFESSIONAL DEVELOPMENT

for agencies, the need for more highly trained, highlycapable offi cers drives the argument that training budgets should be increased, not cut or eliminated altogether.

A well trained and prepared workforce is an effi cient and highly capable workforce that can achieve great things. TRAIN, TRAIN, TRAIN daily…make it a commitment; there is no excuse not to train your troops; Warriors ready for battle!

EVALUATE & INSPECT: The need to evaluate andinspect our offi cers (at all levels) is paramount. Routine and regular evaluations need to be conducted at all levels of the offi cers response spectrum, including checking their tools used to perform their jobs (vehicles, uniforms, duty gear, weapon systems, etc.), mental and physical readi-ness and ensure they are armed with superior knowledge to handle their jobs. True, honest, constructive evalua-tions and inspections should become a natural part of an agencies commitment to excellence.

Because this article has a focus on fi rearms, when was the last time you or your agency conducted an ‘inspection’ of the offi cer’s fi rearms, ammunition and supporting equip-ment (holsters, etc.)? When was the last time the weapons were inspected by a factory certifi ed gunsmith to ensure proper operation, including a full factory recommended maintenance program to include preventative replace-ment of parts or springs?

It is the author’s opinion and recommendation, that all weapons and equipment should be inspected, at mini-mum, every quarter. This can be done in roll-call, orsimply as offi cer’s check-in for their shift, even a surprise inspection now and again is good to ensure the offi cers are taking care of their responsibilities. And remember, document the inspection and all that was checked and the results of the inspection, and make it part of the offi cers yearly evaluation. If there is a defi ciency, correct it imme-diately through education, counseling or even sometimes discipline as a last resort if ‘complacency’ is discovered. You are doing the offi cers and yourself a favor by holding them to a higher standard, especially when talking about a tool that is infrequently called to action, but is lifesaving when the need arises.

Lastly, you should ensure that every weapon an offi cer is carrying is evaluated, fully inspected and thoroughly cleaned, yearly, by a factory authorized gunsmith. Note: if you are using a gun shop or gun repair facility to

conduct yearly evaluations and inspections of youroffi cer’s weapons, make sure you have the gunsmith’s factory certifi cate on fi le at your agency and cleardocumentation of the inspection conducted. I recom-mend the agency develop an annual weapons inspection form for the factory authorized gunsmith to complete and sign for each weapon, and keep the original in your fi les. If the gunsmith you have is not factory authorized orcertifi ed for the brand(s) of weapons your agency has or uses, I would not recommend using them, especially from avicarious liability standpoint. Check with your local legal representative (law director, prosecutor, etc.) to discuss your legal concerns and liabilities when using non-factory authorized gunsmiths.

Conclusion

Complacency indeed is our worst enemy in lawenforcement. More than ever, agencies must be com-mitted to ensuring our offi cers have access to andparticipate regularly in training, especially when dealing with their fi rearms. TRAIN often, TRAIN hard, TRAIN with a warrior mindset; survival is of the utmost impor-tance. Chiefs, department command staff and supervisors must be committed to ensuring our offi cers are prepared and this includes routine evaluation and inspection ofweapons, equipment and the capability to performeffectively and appropriately under stress. Departments need to have clear procedures and policies in place for weapon systems to be evaluated by a certifi ed gunsmith and ensure proper operational readiness.

Complacency is a ticking time bomb, waiting to go off. Offi cer survival depends upon their readiness to achieve success and to provide the needed protection for theinnocent lives that depend so much upon us, the fi rstresponders. Do the “Right thing, the Right way, for the Right reasons” and be the leader of your agency that is not willing to accept complacency as the standard ofoperations for your police agency and its offi cers. Beprepared, TRAIN, TRAIN, TRAIN, evaluate, inspect, be a mighty warrior, ready for battle. It just might save a life.

References

City of Canton, Ohio v. Harris - 489 U.S. 378 (1989). Retrieved from http://supreme.justia.com/cases/federal/us/489/378/

Zuchel v. Denver Colorado, 997 F.2d 730; 1993(Continued next page)

Ohio Police Chief

LEO response to 2nd and 4th amendment open carryissues; criminal patrol and interdiction; and critical de-cision making skills. Jeffrey is also a 17-year Ohio law enforcement veteran, as well as a graduate of the Law Enforcement Foundation’s Police Executive Leadership College (PELC) and Certifi ed Law Enforcement Execu-tive (CLEE) program. He is presently serving as the LXGS Team Incident Commander and ERT co-leader at the NASA Glenn Research Center, Cleveland, Ohio. In addition he serves as an offi cer for the Plymouth, Ohio Police Department and operates his own private fi rearms training center. Jeffrey graduated from Franklin Univer-sity and holds a Master’s Degree in Business Adminis-tration (MBA) and a Bachelor’s Degree in Public Safety Management. Jeffrey is a member of the National and Ohio Tactical Offi cers Associations, International Asso-ciation of Law Enforcement Firearms Instructors and the International Law Enforcement Educators and Trainers Association. Jeffrey resides with his wife Bethany, and daughter Kemree, in Ashland, Ohio.

If you’d like to contact Jeffrey please email specialagent232@ymail.com

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James Walker v. City of New York – 974 F.2d 293 (2d Cir. 1992). Retrieved from http://law.justia.com/cases/federal/appellate-courts/F2/974/293/438106/

Shaw v. Stroud, 13 F.3d 791 (4th Cir. 1994). Retrieved from http://www.patc.com/weeklyarticles/sm-3-of-4shtml

Ayres, R.M., Corderman, D.S. (2011). Leading to make a difference. Academy Leadership Associates, LLC, Frederiskburg, MD.

Grossman, D. (2004). On Combat: the psychology and physiology of deadly confl ict in war and peace. PPCT Research Publications, Millstadt, IL.

About the Author:

Jeffrey Scott, CLEE, is a certifi ed OPOTA Instructor,OPOTA Firearms and Requalifi cation Instructor and is very active in fi rearms instruction and course develop-ment, including topics in: tactical readiness and response; fi rearms safety and preparedness; active shooter readi-ness and response for the small law enforcement agency;

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