Loading...
061920 Friday Staff Report City Manager's Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: June 19, 2020 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report L Council Schedule A. Meetings 1. Public Utilities Board Meeting on Monday, June 22, 2020 at 9:00 a.m. via video/teleconference—City Council Work Session Room. 2. Special Called - Public Art Committee on Monday, June 22, 2020 at 3:00 p.m. via video/teleconference—City Council Work Session Room. 3. City Council Meeting on Tuesday, June 23, 2020. Closed Session at 8:00 a.m. followed by a Work Session at 2:00 p.m. via video/teleconference— City Council Work Session Room. 4. Special Called - Economic Development Partnership Board on Wednesday, June 24, 2020 at 11:00 a.m. via video/teleconference—City Council Work Session Room. 5. No - Agenda Committee Meeting Wednesday, June 24, 2020 at 2:30 p.m. in the City Manager's Conference Room. 6. Committee on the Environment Meeting on Thursday, June 25, 2020 at 9:00 a.m. via video/teleconference—City Council Work Session Room. 7. Special Called - Board of Ethics Meeting on Thursday, June 25, 2020 at 3:00 p.m. via video/teleconference—City Council Work Session Room. 8. Use-of-Force Ad Hoc Committee Meeting on Thursday, June 25, 2020 at 6:00 p.m. via video/teleconference—City Council Work Session Room. 9. Council Airport Committee on Friday, June 26, 2020 at 2:30 p.m. via video/teleconference—City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service IL General Information & Status Update A. Pending Council Requests Work Session Topics—Pursuant to Ordinance No. 19-2026, the following items will be discussed during the June 23 City Council work session. Each week, the topics that will be presented during the next week's agenda will be included in the Friday Report the prior week. Staff contact: Rachel Balthrop Mendoza, City Manager's Office 1. Drafting and passing an ordinance for "the Breonna Taylor law, banning no- knock warrants in City of Denton." • Requestor: Council Member Armintor • Council Member Request: I want to make a 1-minute pitch for Council to pass the Breonna Taylor law,banning no-knock warrants in city of Denton: https://www.washingtonpost.com/nation/2020/06/12/louisville-breonna- taylor-law/ • Date Requested: June 15, 2020 • Requested Format for response: Policy B. City Council Requests — As outlined in Ordinance 19-2026 (attached), which was approved by Council on August 27, 2019, all City Council Member requests for information are required to provide a clear, written explanation describing the reason for the information requested. Requests of this nature should be submitted using the online form(https:Hgpp.smartsheet.com/b/form/90c7fe8dc47944de9c47fa8a3f57439f) and include the request type, purpose, time sensitivity, and preferred response format. This should include a clear outline of the request, any existing policy/code pertaining to the request, the preferred format for the response, and the desired outcome. Staff may ask the requesting Council Member for clarification of their request and may not be able to bring the request forward during a Pending Request work session item if the information is incomplete. Additionally, going forward, if a request of this nature is submitted through email, staff will ask the Council Member to resubmit the request using the online form or fellable PDF form to ensure consistency between Council Members and adherence with the adopted process. If the request is for a work session or policy change, or if a request for a report is expected to take more than two staff- hours to complete, the request will be brought forward during the Pending Council Requests work session and City Staff will respond to all requests where a consensus of at least four elected officials is established. Service requests and resident concerns, such as road maintenance or illegal dumping, can be emailed to staff for follow up. These types of requests should be sent to Todd Hileman, Sarah Kuechler, Stuart Birdseye and Rachel Balthrop Mendoza. Once the email is received, these staff members will be able to coordinate directly with the appropriate department for follow up and a resolution. Staff contact: Stuart Birdseye, City Manager's Office C. Police Related Council Requests—Recently, several Council Members have submitted policy and information requests regarding the Police Department. Staff is currently conducting a large amount of analysis and is planning to discuss Police Department information at the July 21 and August 6 Council meetings. Staff is still developing the agendas,but the two dates are expected to include discussions about Police Department 2 related topics, policy and budget. Staff is also creating a central repository on the website to host the presentations, current general orders, and all information related to the Mayor's Use of Force task force. Staff contact: Todd Hileman, City Manager's Office D. June 16 Council Meeting Call System—During the June 16 City Council Work Session and Regular Session, several Council members referenced a possible technical issue preventing residents from being able call into the City of Denton phone system to give public comment. While staff observed no outages during the meeting, the issue was investigated further after the meeting and no evidence of outages or technical issues was found. While the phone lines were open, I I of 12 calls into the system were answered. Staff returned the call of the one resident who we were not able to immediately answer, and this caller did provide public comment during the meeting. Staff contact: Ryan Adams, Public Affairs E. Use-of-Force Committee — An introductory email was sent out on Thursday to welcome members of the ad hoc Use-of-Force committee. The attached shows the list of committee members. The committee's first meeting will be held virtually next week on Thursday, June 25 at 6 p.m., to start the committee's work due to the urgency and quick timeline set for recommendations. The meeting will be recorded and streamed live on the City's website and cable channels for public viewing. The agenda for the meeting will be posted by this Monday evening, June 22. Staff will continue to provide updates to City Council as the Committee's work progresses. Staff contact: Sarah Kuechler, Public Affairs F. Credit and Collections Update — Customer Service began making soft contacts with customers owing a past due balance effective June 1 in preparation to resume service interruptions during the month of July. Customer Service is providing extensive communication to all customers. All communications encourage customers to contact the office for arrangement assistance and emphasize that assistance is available through Interfaith Ministries for any customer whose income has been affected by the pandemic. Currently, Interfaith Ministries has approximately $72,000 in available assistance. Prior to interruption of any past due balance in July, customers will receive the following notices: Post-Paid Customers: • Automated Reminder Call Upon Processing of June Bill • Automated Reminder Call 7 Days Later • Courtesy Letter Outlining Balance, Options, and Assistance Information • Automated Courtesy Call Day Before Interruption Pre-Paid Customers: • Regular Daily Balance Notifications • 24/7 Access to Daily Account Balance • Automated Reminder Call Each Friday in June —Four(4) Total Reminders • Courtesy Letter Outlining Balance, Options, and Assistance Information • Automated Courtesy Call Day Before Interruption 3 To date, more than half of post-paid customers have received at least one notification and 30%of customers have resolved their past due balances. The total past due charges have decreased by $210,000. However, the number of accounts which have made no payment in greater than 90 days has continued to increase with 65 customers now owing greater than $1,000. Five customers have balances exceeding $2,000. All pre-paid customers received 3 notifications, but the number of past due pre-paid accounts remained consistent and the total overdue charges for pre-paid customers has increased by $7,000. No fees or interest will be charged in the months of June or July to give every customer the opportunity to work out arrangements on their balances. Additionally, we are continuing to encourage all past due customers to contact us and to speak with Interfaith Ministries as assistance is currently available to all customers with COVID related income loss. Staff contact: Christa Foster, Customer Service G. Federal Assistance Programspdate — New changes and announcements have been made to the Economic Injury Disaster Loan and Advance Program and the Paycheck Protection Program recently, and new forms and rules have been announced. Summaries of the changes are below: • Economic Injury Disaster Loan and Advance Program o On Monday, June 15, the SBA reopened the portal to apply for Economic Injury Disaster Loan and Advance portal to all eligible applicants experiencing economic impacts due to COVID-19. o For additional information, please visit the SBA disaster assistance webpage at SBA.gov/Disaster. • Paycheck Protection Program o The PPP remains open through June 30, 2020,but applicants should contact participating banks soon to allow for time for application review and submission. o Changes made to the program include: ■ Lowered the requirement that 75 percent of a borrower's loan proceeds must be used for payroll costs to 60 percent. If a borrower uses less than 60 percent of the loan amount for payroll costs during the forgiveness covered period, the borrower will continue to be eligible for partial loan forgiveness, subject to at least 60 percent of the loan forgiveness amount having been used for payroll costs. ■ Provided some safe harbor provisions for reductions in FTEs due to safety requirements or guidelines. ■ Extends the deferral period to the date that SBA remits the borrower's loan forgiveness amount to the lender. ■ View the Interim Final Rules, Borrower Application, and Lender Application. o The EZ Forgiveness Application and the Full Forgiveness Application were released on June 17. Staff contact: Jessica Rogers, Economic Development 4 H. DCPH COVID Testing Centers — As a reminder, Denton County Public Health Department(DCPH) is providing a free drive-thru COVID-19 testing center in Denton on Tuesdays, including this upcoming Tuesday, June 23. The testing center will be held at the University of North Texas' Union Circle Parking Garage at 350 S. Welch Street from 8 a.m. to noon. Eligible community members are those who have had symptoms of COVID-19 within the past 7 days, essential employees, individuals 60 years and older, as well as individuals who have had contact with someone diagnosed with COVID-19. All community members must call to pre-register for testing at (940) 349- 2585. For information regarding DCPH's upcoming testing centers, please visit dentoncounty.gov/COVID19testing. For additional COVID-19 data including active case information by municipality, hospital capacity, and ventilator utilization, visit dentoncounty.gov/COVIDstats. For COVID-19 health and safety information, visit dentoncounty.gov/COVIDI9. Staff contact: Sarah Kuechler, Public Affairs I. UWDC COVID-19 Relief Fund Update—Please see below for an update of the United Way of Denton County's (UWDC) COVID-19 Relief Fund Eviction Prevention program as of Wednesday, June 17. UWDC staff are still working as to provide an unduplicated number of households assisted, but they have now included the total number of months' assistance provided by location. The CRF Eviction Prevention Program flyer is now downloadable from the UWDC website, and the page detailing the fund has been translated into Spanish and Chin. Staff contact: Sarah Kuechler, Public Affairs Denton Lewisville All Other Denton County Total #Agencies 5 2 2 9 Months of Assistance 213.5 173.0 249.0 635.5 Households Assisted' 177 156 209 542 Rent/Mortgage/Utility 177 146 206 529 Extended Hotel Stay 0 10 1 11 Temporary Hotel 0 0 2 2 Requests Not Approved" 6 0 5 1.; Funds Raised $130,000.00 $74,000.00 $542,500.00 $746,500.00 Expenses $130,000.00 $74,000.00 $433,469.45 $637,469.45 Current Balance 50 00 $0 00 $109,030 55 $109,030.55 "Duplicated Households **Requests Not Approved due to address outside of Denton County are reflected in the Total, but no,cy geographic region J. Preserve at Pecan Creek Internet Update — Staff is actively working on a solution for high-speed internet services to the group of 14 homes that currently lack service. These home are in the Preserve at Pecan Creek neighborhood on Swisher Rd., Crossvine Ct., and Crepemyrtle. Recently, City staff identified Denton ISD fiber infrastructure that runs along Swisher Rd. connecting two schools. Staff contacted representatives to discuss potential coordination with a private provider to utilize the conduit in this location. DISD staff agreed to do so and was extremely helpful in working with CenturyLink to allow the company to utilize available sections of this conduit, and an 5 agreement to do so was approved by the DISD Board during their June 9 meeting. This agreement is expected to reduce both the cost to the residents and the construction time for the project. At this point, CenturyLink is ready to utilize this infrastructure and take the next steps with the residents to provide internet access. The City of Denton, Denton ISD, and CenturyLink have scheduled a Virtual Neighborhood Meeting with the residents on Thursday, June 25 at 3 p.m. During the meeting, representatives will update the residents on the progress, options for next steps, anticipated timeline, and will be available to answer questions. This meeting will be hosted through Zoom,and residents will be able to either view the meeting online or listen over the phone. Staff will continue to communicate, as necessary, with the residents and monitor the progress of this project. The City would also like to thank Denton ISD and CenturyLink for their eagerness to find a solution to the lack of internet in this neighborhood. Staff contact: Stuart Birdseye, City Manager's Office K. Green Tree Estates Extension Notification — On Friday, June 19, the attached letter was mailed to provide the residents of Green Tree Estates a reminder regarding steps to connect to the City of Denton water system and the cessation of temporary water provision after July 31. This deadline was established by the Denton City Council at their May 12 meeting and communicated to Green Tree Estates residents and property owners in a letter dated May 14. Staff contact: Ryan Adams, Public Affairs L. Green Tree Estates Milestones by Property — During the June 16 Work Session, the City Council requested staff provide a list of occupied properties within the Green Tree Estates neighborhood and include what Council-directed milestones they have achieved, if any. Staff has provided a list of these properties (below) and noted which: • Are owner-occupied; • Have received a voluntary courtesy inspection; • Have paid tap, meter, and impact fees to connect to the City water system; and • Have a water account in the name of a head of household. 6 Voluntary Street Owner Named Courtesy Connection Number Street Name Occupied Account Inspection Fees Paid 4010 Hilltop Ln No Yes Yes Yes 4003 Hilltop Ln No No No No 4011 Hilltop Ln Yes Yes Yes Yes 4015 Hilltop Ln No No No No 4002 Hickory Ln No No Yes No 4008 Hickory Ln Yes No Yes No 4016 Hickory Ln Yes No No No 4009 Hickory Ln No No No No 6502 Willow Ln No No No No 6514 Willow Ln No No No No 6509 Willow Ln#A No Yes Yes Yes 6509 Willow Ln#B Yes Yes Yes 4007 Meadow Ln No No No No 4055 Ash Ln Yes Yes Yes Yes 4119 Ridge Ln Yes Yes Yes Yes As a reminder, 4055 Ash lane does not currently have a dwelling, but is owned by a resident who lives on a different adjacent property and who plans to locate a manufactured home on this property. Additionally, the residences at 6509 Willow are on one single lot and only require one connection. This information is current as of June 18 but is subject to change prior to July 31. Staff contact: Ryan Adams, Public Affairs M. 19TwentyApartments — Earlier this week, staff was notified of another potential raw sewage leak at the 19Twenty Apartments. Building Inspections staff visited the site on Tuesday, June 16 to assess the situation. Since the original tunnel repairs on the south end of the building were completed on June 10, the building drain has failed on the north end as well and began overflowing this week. On Tuesday, a plumber cleared two blockages in the system while the management requested bids for another tunnel job to make proper repairs. Staff issued a Notice of Violation under unsafe building conditions, which requires repair of the building drain in a timely manner. On Friday, June 19,excavators were present on site, and staff anticipates being complete and ready for the plumber this weekend. If the repair is made this weekend, staff will test, inspect, and get the system operational as soon as possible. Staff contact: Scott McDonald, Development Services N. July Public Meetings — DTV, Technology Services, Customer Service, and Public Affairs staff have been involved in varying capacities for each of the 21 hosted virtual meetings in June. The departments will continue coordinating efforts for the additional meetings in July, dependent upon each meeting's public comment or public hearing needs. Staff liaisons to the various boards and commissions were polled to gauge the needs of each body, and several (including some Council Committees) were added to the meeting schedule that will hold their first virtual meeting in July. The Mayor's Use of Force ad hoc committee is also slated to discuss holding their regular meetings beginning in July and, pending the finalization of their schedule among committee members, these meetings will be added to the schedule shown below. Thursday,July 2,2020 8:30 AM Downtown Economic Development Committee Scneduled Thursday,July 2,2020 3:00 PM Public Art Committee Scheduled Monday,July 6,2020 3:00 PM Zoning Board of Adjustment Scheduled Wednesday,July 8,2020 11:00 AM Economic Development Partnership Board Scheduled Wednesday,July 8,2020 1:00 PM Airport Advisory Board Scheduled Wednesday,July 8,2020 5:00 PM Planning and Zoning Commission Scheduled Thursday,July 9,2020 TBO Civil Service Commission Pending Monday,July 13,2020 9:00 AM Public utilities Board Scheduled Monday,July 13,2020 12:00 PM Parks,Recreation and Beautification Board Scheduled Monday,July 13,2020 3:00 PM Historic landmark Commission Scheduled Thursday,July 16,2020 9:00 AM Hotel Occupancy Tax and Sponsorship Committee "r•ndin- Thursday,July 16,2020 1:00 PM Committee on Persons with Disabilities Scheduled Monday,July 20,2020 9:00 AM Hotel Occupancy Tax and Sponsorship Committee Pending Monday,July 20,2020 3:00 PM Traffic Safety Commission Scheduled Tuesday,July 21,2020 T80 City Council Scheduled Wednesday,July 22,2020 12:00 PM Downtown Denton T1F Reinvestment Zone No.1 Scheduled Wednesday,July 22,2020 5t00 PM Planning and Zoning Commission Scheduled Thursday,July 23,2020 2.00 PM Animal Shelter Advisory Committee Scheduled Monday,July 27,2020 9,00 AM Public Utilities Board 5chedulecl Tuesday,July 28,2020 TBO City Council Scheduled Thursday,July 30,2020 3:00 PM Board of Ethics Scheduled O. Protests—Police Overtime Summary—The Police Department is currently tracking all overtime associated with protests around the City. Since May 30, 2020, the Police Department has incurred a total of $148,045 in overtime expenses associated with protests. If protests continue, Staff will continue to provide Council a weekly update regarding overtime expenses. Staff Contact: Nick Vincent, Finance/Shanika Mayo, Police P. Parklets and Streateries Update—At the June 2, City Council meeting,Council Member Briggs requested a work session regarding parklets. Staff have reviewed other cities' programs and industry best practices and have developed a pilot program for Council consideration at the June 23 work session. Staff is proposing two separate uses:parklets and streateries. Parklets are a type of park, meaning that the parking space(s) is amenitized, but is open to the general public at all times. All City park regulations, including a prohibition of smoking and alcohol, would apply. A streatery functions more like a sidewalk cafe. If a business installs a streatery, the business would be allowed to reserve the space for their own use during their hours of operation. They would also be allowed to serve alcohol, so long as their food service or alcohol permits allowed it, and they met TABC requirements for outdoor service of alcohol. Staff will provide more details regarding a temporary parklets and streatery program at the June 23 City Council meeting. Staff contact: Richard Cannone, Development Services/Jessica Rogers, Economic Development 8 Q. Governor Abbott Regarding Masks—In a television interview on Wednesday, June 17, Governor Abbott indicated his belief that local governments can require businesses to require customers to wear masks, and that doing so is consistent with Executive Order GA-26. Although the governor's order prohibits a local jurisdiction from imposing a civil or criminal penalty for failure to wear a face covering, according to the governor this prohibition only applies to regulating the behavior of individuals, not businesses. In other words, counties and cities may issue local orders imposing fines on businesses for failure to require employees and customers to wear masks but may not issue local orders imposing fines on individuals for not wearing masks. Governor Abbott's comments were made in reference to an order issued by Bexar County Judge Nelson Wolff. Since those comments, a handful of other mayors and county judges have issued similar orders, with some counties and cities imposing this requirement jointly. Staff will reach out to Denton County to inquire if they plan to take any action in respect to masks. Staff contact: Sarah Kuechler, Public Affairs R. Denton County OPEN Grants Update—Denton County announced the recipients of the Phase 1 of their Operational Plan for Economic Normalization(OPEN) grant program on Friday, June 12. A total of 1,334 applications were received, with 451 total grants being awarded worth a total of $3,099,381. Denton businesses received 99 grants, totaling $667,844.79. An additional $20 million was allocated in Phase 2, and the application period will open at noon, Monday, June 22 and close at noon, Monday July 6. In Phase 2, the total grant award has been increased to $50,000 and the employee limit has been raised from 50 to 100 employees. Grants are awarded based on calculating the negative financial impact due to COVID-19. Interested applicants should go to dentoncounty.gov/OPEN to learn more. Grant applications will be reviewed and scored by the County Auditors. Applications will be rejected if documentation requirements or instructions are not followed, so businesses are encouraged to carefully review instructions, make sure documentation matches the grant requirements, and contact Denton County at OPEN_ra�ntskdentoncounty.gov with any questions. A copy of the Denton County press release is attached. Staff contact: Jessica Rogers, Economic Development S. TxDOT Construction Hours Updated on US 77/Locust Street Reconstruction Project— On Monday, June 8, The Texas Department of Transportation (TxDOT) began base repairs and street reconstruction on US 77/Locust Street from E. McKinney Street to Loop 288 (see map attached). Residents in the area contacted City staff and Council Members with concerns of TxDOT construction crews working outside the normal workday hours. City staff contacted TxDOT to request the construction schedule be changed to normal construction hours for the remainder of the project. TxDOT crews completed a portion of construction Thursday, June 18 and discontinued evening work hours. Beginning Monday, June 22, TxDOT crews will continue construction Monday through Friday from 7 a.m. to 7 p.m. for the remainder of the project. Weather permitting, the US 77/Locust Street project is planned to be completed by late July 2020. On Thursday, June 18, residents were notified through NextDoor and the attached letter was submitted for print and mail delivery Friday, June 19 that includes the project 9 status, update to the construction schedule, and contact information for more information or concerns. On Friday, June 19, City staff held a meeting with TxDOT to further discuss communication and coordination for the US 77 and surrounding projects going forward. Both the City and TxDOT outlined additional steps for increased coordination of project schedules and communication to enhance resident notice of TxDOT projects within city limits. Staff contact: Stephanie Yates, Public Affairs T. Atmos Survey Work Along Spencer Road — Starting the week of June 22, Atmos Energy will begin conducting preliminary survey work for a gas pipeline replacement project that will upgrade portions of existing pipe along Spencer Road. Survey crews and Atmos staff will conduct field work through mid-August. Due to the preliminary nature of this project, staff does not have additional details regarding the construction schedule or long-term impacts of this project. Atmos Energy representatives will have a Pre-Application Conference in early July, where City staff will obtain additional project details and discuss application requirements with Atmos staff. Following the Pre-Application Conference, staff will provide additional project details in a future Friday Report. Staff contact: Rachel Wood, Development Services U. PERF Report Update — During the June 9 City Council Meeting, Mayor Pro Tern Hudspeth requested a copy of the Police Department's PERF Report and the presentation that was given to City Council on January 8, 2019. The meeting materials for this Work Session are attached. Some of the highlights of items that have been implemented include: • The current General Orders (policies) are available on the department's webpage • Internal Affairs complaints/commendations can be made through the website • Internal Affairs is not located within the police department. Their offices are in a separate part of the building that cannot be accessed through the police department. • Assistant City Attorney Michael Cronig is directly assisting with the IA process to ensure fairness and consistency and to look at how the department can improve overall • The disciplinary matrix is almost complete. This will further enhance consistency in accountability. The policy(General Orders) revision is expected to take the remained of the calendar year to complete, and staff has been focusing on ensuring these policies align with federal and state law, civil service statute, and meet and confer contracts. Staff contact: Frank Dixon, Police V. Weekly Unemployment & Business Update — Staff is working to assemble, review, and analyze unemployment and labor data each week. Staff will provide ongoing updates throughout the COVID-19 pandemic as data is made available. Staff contact: Jessica Rogers, Economic Development • U.S. Department of Labor (DOL) 10 o DOL released its weekly unemployment report on Thursday, June 18. The full report is available here. • U.S. Census Bureau o The U.S. Census Bureau is conducting experimental Small Business Pulse Surveys to measure the changes in business conditions on small businesses throughout the country. o Data is now available for the week of June 7-June 13. o The results of the survey are available here. • Texas Workforce Commission(TWC) o TWC has created a UI Claimant Dashboard to provide updated graphical representations of data and datasets for download. The dashboard is available here. o May local unemployment data was released on the Texas Labor Market Information(www.texasLMI.com) system on June 19. ■ The City of Denton unemployment rate was reported as 12.6 percent, with 9,387 persons unemployed. A chart comparing local, state, and national unemployment rates is below. o TWC also provides data on weekly unemployment claims filed and how the claim was received. The chart with data as of June 19 is below. ent Rates not adjust January February March Aril May Denton (city) 3.0 3.0 4.3 14.2 12.6 Denton count 3.0 2.9 4.3 12.8 11.9 Texas 3.8 3.6 5.1 13.1 12.7 U.S. 4.0 3.8 4.5 14.4 13.0 Unemployment Claims Filed COVID-19 Unemployment Claims Filed Week Ending Total Internet Telephone Other 2/22 7,053 ** '* 2/29 7,393 ' '* '* 317 6,368 * 3/14 16,176' 2,731 1,380 1,931 3/21 158,364* 141,632 13,678 3,054 3/28 276,185* 256,214 20,642 15,696 414 313,832* 321,000 20,000 20,000 4111 273,567* 221.500 14,800 10,300 4/18 280,761* 283,900 21,600 19,600 4/25 254,084* 246,600 25,100 165,600 5/2 247,179* 237,400 28,300 20,200 5/9 141,672' 166,800 30,500 12,900 5116 134,381' 145,400 29,400 21,700 5/23 128,105* 136,600 27,600 20,300 5/30 106,821* 114,000 23,200 25,700 616 106,677* 105,500 23,000 33,700 6113 93,895' 87,800 22,300 22,400 6120 96.800 68.500 12,000 16,300 Unless indicated,numbers are estimates based on internal TWC data and are subject to revision. *Official Department of Labor Data when available and TWC Estimates '*`Breakdown Data Unavailable 11 W. Make Music Day Denton on June 21 — Every year on June 21, people worldwide celebrate International Make Music Day. Completely different from a typical music festival, Make Music Day is an open event, free to anyone who wants to take part. Thousands of amateur musicians play in public spaces, often for their first time, and professional musicians perform for audiences across the globe. Everyone is invited to join in and celebrate the first day of summer through music. Denton has participated in the official Make Music Day celebration since 2018. This year, social distancing has challenged organizers to develop new ways to connect people with music. In Denton, we have created virtual events for anyone wishing to participate from the comfort of their home and provided ideas safe, small gatherings where social distancing requirements can be maintained. For complete details on how you can participate, visit www.originaldentondistrict.com/events and find the schedule of performances on the Original Denton District's Facebook page (search #MakeMusicDenton). Staff contact: Christina Davis, Economic Development X. Letter of Support for Denton Festival Foundation — On June 15, The City received a request from the Denton Festival Foundation for a letter of support for an Arts Respond — Cultural District Project grant for the 2021 Arts & Jazz Festival. This is the same grant that City Council approved a letter of support on behalf of the Public Art Committee (PAC) at its June 9 meeting. As a Texas Commission on the Arts verified entity operating within the City's cultural district,the Foundation was eligible to submit a separate application for a grant under the program. As with the City's own application, a letter of support was required from the cultural district management entity(CDME), which is the PAC. Due to the request for the letter of support coming on the due date of the application, staff reviewed the grant application and request, conferred with the PAC chair,and determined that a letter of support could be provided. Staff then drafted a letter, received approval of the PAC chair, and submitted the letter to the Foundation. In order to ensure that the full PAC and City Council had an opportunity to review the letter, agenda items have been placed on the June 22 PAC meeting and the June 23 City Council meeting to ratify the letter. Staff contact: Jessica Rogers, Economic Development Y. Solid Waste Smart Routing and Solid Waste Management Strategy Proposal Update — Over the past 3 months, the Solid Waste and Recycling and Finance Departments have been reviewing the Solid Waste Budget to identify and define revenue impacts related to COVID-19 response activities. While revenue has been impacted,those impacts are not as significant as initially anticipated. As such, there appears to be sufficient revenues available to fund the anticipated projects. Solid Waste and Recycling Department renewed its review of RFP 7169 for the Smart Routing Solutions and RFP 7281 and for the Comprehensive Solid Waste Management Strategy. The RFP evaluation committee is completing second tier evaluations and interviews of short listed Smart Routing System providers. Evaluations of the original proposals submitted for the completion of a Comprehensive Solid Waste Management Strategy are being completed with interviews of short listed companies being scheduled in the next week to 10 days. Final staff recommendations for the award of contracts are anticipated to be brought to the Public Utilities Board for review and concurrence at their meeting in in early July 2020. Council consideration of the contract awards should 12 be completed following their summer hiatus. Staff contacts: Brian Boerner, Solid Waste and Recycling/Cassey Ogden, Procurement and Compliance Z. Library Item Checkout Limits—In the June 16 City Council meeting, Council Member Davis asked about checkout limits and if patrons were seeing longer hold waits for materials. I erroneously gave the hold limit of 25 items per account instead of the check- out limit. Patrons may check out up to 75 items per account. The check-out limit is established in the library's Circulation Services Policy. The most recent major updates to the policy were in February 2019 to reduce the number of holds from 35 to 25 and the number of renewals from 25 to 10. The policy was updated again in November 2019 to reflect the elimination of overdue fines. The policy is reviewed annually by the library management team to ensure that the policy matches current community needs, technology improvements that affect services, and public library best practices. Any recommended changes are brought before the Library Board for discussion and a vote. Any changes regarding fee schedules are then brought before City Council. A snapshot look at accounts with items checked out indicates that 3,288 accounts currently have 21,302 items checked out as of 6/17/20. That is an average of 6.48 items checked out per account. Looking at individual accounts, 117 accounts have 30 or more items checked out. 28 accounts have 50 or more items checked out. Only 11 accounts have 60 or more items checked out. The majority of library super users who check out large number of items at any given time are teachers or families who homeschool children. Many of those users are frequent library visitors, coming to the library weekly or bi-weekly to return materials and check out their next items. A review of area libraries indicates that Denton Public Library's 75 item checkout limit is in the average range among Denton's comparable city libraries that have checkout limits. • Denton Public Library-75 items • Arlington Public Library-50 items • Carrollton Public Library-40 items • Fort Worth Public Library-50 items • Frisco Public Library-100 items • Garland Public Library—no limit on print materials 10 item limit on DVD formats only • Grand Prairie Public Library-40 items • Irving Public Library-100 items • Lewisville Public Library-25 items • McKinney Public Library-200 items • Mesquite Public Library-20 items • Plano Public Library-50 items • Richardson Public Library-100 items Library patrons may place holds on any circulating materials. Items currently checked out will not renew if they have holds and patrons must return items that have holds by the established due date. This ensures that the next patron waiting for an item will only have to wait one check-out period(3 weeks)to get the item. A patron waiting on a hold would have to wait for that item to be returned whether the item was one of 50 books 13 checked out by one patron or one of 50 books checked out by 50 different patrons. The checkout limit does not necessarily correlate to longer hold waits. The library runs weekly purchase alert reports to trigger ordering additional copies of popular materials. Hold ratios for books are 5 holds per 1 copy. Hold ratios for audio/visual materials are 10 holds per 1 copy. Titles with hold ratios higher than these thresholds are reordered to add additional copies to the collection and shorten waits for holds. Based on patron check out trends, area public library comparisons, and existing processes to hold items and reduce hold waits for items, the Denton Public Library recommends keeping the existing 75-item check out limit. Staff contact: Jennifer Bekker, Library AA. Traffic Light—On June 11, Council Member Davis requested staff to assess whether a traffic light was needed in Justice Plaza, near the intersection of Janine and E. McKinney St. Staff visited the location and are investigating the possibility of installing a pedestrian hybrid beacon, which is a form of pedestrian activated traffic signal. This study will take approximately two weeks to determine if installation of this beacon is feasible. Staff contact: Brian Jahn, Capital Projects BB. Fire Station 514 Connection — On June 11, Council Member Davis requested information on the timing of Cleveland Gibbs Road, located in Northlake, being connected through, which will give better access to Fire Station 514. Traffic Engineering staff reached out to the Town of Northlake regarding this timeline, and their representatives anticipated this road would be complete within five years, however it could be as soon as two or three years. This road is developer driven and depends on the growth of The Ridge and Harvest developments. Staff contact: Brian Jahn, Capital Projects CC. Utility Construction Concerns — On June 17, Council Member Briggs forwarded a resident concern regarding the dust that was being created by construction in the area near Cherrywood Lane. Both Water and Wastewater's aging infrastructure is currently being replaced in this residential neighborhood. The overall work,which encompasses utility replacement under several residential streets in this neighborhood, is scheduled to be completed in next four-to five-weeks, dependent on weather and any unforeseen issues. This week, crews placed asphalt to cover the exposed dirt (back filled over the utility trenches) which will address the existing dust concerns Roberts Street and Cherrywood Lane. Given the current weather (dry and hot) conditions, it is imperative that there may be some dust/dirt in and around a construction site, but staff is working to keep the dust under control during the remainder of this project. Crews are continuing work on Roberts Street (section between Bell Avenue and Brown Drive) and Woodland Street for the next few weeks and make every effort to reduce/minimize dust nuisance in the residential neighborhood. Additionally, staff has also reached out to the resident to understand and alleviate her concerns. DD. Driveway Construction Concern— On June 18, Council Member Meltzer forwarded a resident concern regarding their driveway, which may have been damaged by construction and equipment, on Scripture St. that is being reconstructed from Thomas 14 St.to Malone St. The Project Manager visited the site to inspect the driveway and spoke with the resident. After assessing the damage, the City will replace the portion of the driveway that was affected by the construction. Staff contact: Dustin Draper, Capital Projects III. Upcoming Community Events and Meetings A. Events All City-sponsored events and programs are suspended until further notice. B. Community Meetings All City-sponsored meetings are also suspended until further notice. IV. Attachments A. Ordinance 19-2026—City Council Request Process .........................................16 B. Ad Hoc Committee Members ...........................................................................19 C. Green Tree Estates Extension Notification........................................................20 D. Denton County OPEN Grants Press Release.....................................................25 E. Phase 2 Denton County OPEN Guidelines........................................................27 F. PERF Report Attachments................................................................................34 G. US 77 Street Construction Alert......................................................................136 V. Informal Staff Reports A. 2020-058 Supreme Court Ruling .................................................................... 138 B. 2020-059 March and April 2020 DEC Dashboard........................................... 140 VI. Council Information A. Council Requests for Information ..................................................................143 B. Council Calendar ...........................................................................................145 C. Draft Agenda for June 30................................................................................ 148 D. Future Work Session Items ............................................................................ 152 E. Street Construction Report ............................................................................. 153 15 ORDINANCE NO. 19-2026 AN ORDINANCE OF THE CITY OF DENTON ADDING SECTION 2-30 TO THE CODE OF THE CITY OF DENTON AND ADOPTING PROCEDURES FOR MEMBERS OF THE CITY COUNCIL TO SUBMIT INFORMATION REQUESTS TO STAFF AND ESTABLISH CONSENSUS REGARDING THE USE OF STAFF TIME WHEN RESPONDING TO REQUESTS ESTIMATED TO TAKE GREATER THAN TWO HOURS TO COMPLETE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council makes regular inquiries of staff including service requests, clarification on City Council and Committee agenda items, and for policy research; and WHEREAS, during their annual retreat on August 17, 2019, the City Council of the City of Denton agreed to a set of procedures intended to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials; and WHEREAS, the City Council now desires to formally adopt the new City Council request procedures to help ensure the most effective use of staff time when responding to requests from individual elected officials; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following provisions shall be established and incorporated into Chapter 2, Article II, Section 2-30 of the Code of Ordinances of the City of Denton, as the definitions and principles supporting a new process for City Council Requests for Information or Work Sessions. Chapter 2 - ADMINISTRATION ARTICLE II. —ADMINISTRATIVE ORGAI AI Sec. 2-30. - City Council Requests for Information or Work Sessions. (a) Definitions. (1) For purposes of Section 2-30 the following definitions apply: a. "Request for Information" — Requests made by a member of the City Council to seek clarification on Board, Commission, Committee or City Council agenda items; address perceived service issues, infrastructure maintenance, or construction concerns caused by or impacting City operations and/or the quality of life for Denton residents; and requests for policy-related research to evaluate policies implemented by other agencies and/or assess the impact a new policy or potential program may have if implemented by the City of Denton. b. "City Staff' — Includes employees of the City of Denton consisting of, or reporting to, the City Manager or City Attorney. 16 (b) City Council Requests for Information from City Staff. (1) All City Council requests for information from City Staff, must be submitted to the City Manager's Office via email and include at a minimum, the following details: a. Request Type; b. Purpose; c. Time Sensitivity; and d. Preferred Response Format. (2) The City Manager's Office and/or the City Attorney's Office will estimate the amount of time required to respond to each request. (3) Requests estimated to take more than a total of two hours to complete will be brought forward within the next 30 calendar days, to a City Council work session to seek consensus from the full City Council regarding the use of City Staff time to fulfill the request. Requests for information referred to a work session will follow the procedures provided in sub-section (b) of Section 2-30. (c) City Council Requests for Information Referred to a Work Session, (1) A standing work session item will be added to each City Council agenda for City Council requests to be considered. a. The requesting Council Member will be required to provide a clear, written explanation describing the reason for the information requested. This description will be included as an attachment to the work session agenda materials and must be provided to the City Secretary in time to fully comply with Texas Open Meeting Act requirements. (2) During the work session, the requesting Council Member will have a maximum of one minute to describe and justify their request. a. Remaining Council Members will then have a maximum of one minute each to provide feedback and indicate their support for the use of City Staff time to respond to the request, (3) City Staff will respond to all requests where a consensus of at least four elected officials is established. Each elected official will also have the option to request City Staff respond to a maximum of two requests per quarter where a consensus is not met, provided each request in this category is not estimated to take more than a total of ten City Staff hours to complete. To the extent possible, responses will be make in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 17 SECTION 3. To the extent not otherwise provided,this ordinance shall repeal every prior ordinance in conflict herewith,but only insofar as the portion of such ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. e m Y The motion to approve this ordinance was made by and seconded by � �'' �� d°tl � the ordinance was passed and approved by they hollowing vote Aye Nay Abstain Absent Mayor Chris Watts: . o Gerard Hudspeth, District 1: , KeelY Briggs,s District 2: `"' Jesse Davis, District 3: q, John Ryan, District 4: tm/ Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of � CIS IS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY.° .. Ca APPROVED A TO LEGALFORM: AARON L I (CITY A"1 1 .1 BY. W 18 Ad Hoc Committee on Use-of-Force June 18, 2020 Members Member Affiliation 1 Willie Hudspeth National Association for the Advancement of Colored People (NAACP) 2 Lilyan Prado-Carrillo League of United Latin American Citizens (LULAC) National Organization of Black Law Enforcement Executives (NOBLE) - _3 TBD f University of North Texas College Chapter 4 Sheryl English Denton Police Training Advisory Committee 5 Cameron Combs University of North Texas (UNT) 11 6 Dawna-Diamond Tyson Texas Woman's University(TWU) 7 TBD North Central Texas College(NCTC) 8 Angela Ricks Denton Independent School District(DISD) 9 Dr. Carmen Cruz LGBTQ Community 10 Kamyon Conner LGBTQ Community 11 Rev. Cedric Chambers Faith Community 12 Rev. Beau Hughes Faith Community 13 Jaime Walker Blanton Persons with Disabilities 14 Pam Guiterrez Denton County MHMR 15 Yancy Green Denton Police Officers Association 16 Travis Nicholas Denton Municipal Police Association 17 John Baines Citizen 18 Rhonda Love Citizen 19 Gary Henderson Citizen 20 Katina Stone Butler Citizen 21 Jamell Butler Citizen Ex-Officio Members 1 Frank Dixon Denton Police Chief 2 Dr. Richard Williams Denton Police Accrediation &Compliance Specialist 3 Todd Hileman City Manager 4 Mike Cronig Deputy City Attorney 5 Jesse Davis City Council Member 19 Public Affairs Department 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON El 19 de junio de 2020 Estimado Propietario o Residente de Green Tree Estates: Esta carta es para proporcionar a los residentes de Green Tree Estates un recordatorio sobre los pr6ximos plazos para la conexi6n al sistema de agua de la Ciudad de Denton. Estos plazos fueron establecidos por el Consejo Municipal de Denton en la junta del 12 de mayo de 2020 y se comunicaron a los residentes y propietarios de Green Tree Estates en una carta de fecha 14 de mayo de 2020. Ultimo Dia Para el Servicio Temporal de A2ua: La declaraci6n de desastre de la Ciudad de Denton para Green Tree Estates se vence el viernes 31 de julio de 2020. Despues del 31 de julio de 2020 • La provisi6n temporal de agua a Green Tree Estates terminara • Los residentes no recibiran agua de la Ciudad de Denton a menos que esten conectados al sistema de Agua de la Ciudad C6mo Conectarse a la Ciudad: Los propietarios que deseen conectarse al sistema de agua de la Ciudad deben pagar los $6,938 en las tarifas de la Ciudad. Debido a que al menos una propiedad paga las tarifas requeridas por la Ciudad antes de la fecha limite previamente comunicada el 3 de julio de 2020, la Ciudad pagara el costo de extender el agua principal hasta el limite de Green Tree Estates. Cualquier propietario adicional que tenga la intenci6n de conectarse al sistema de agua de la Ciudad puede pagar las tarifas en cualquier momento al Departamento de Servicios de Desarrollo de la Ciudad (la informaci6n de contacto esta en la parte inferior de esta carta). Al planear conectarse al sistema de agua de la Ciudad,los residentes y propietarios deben tener en cuenta que el suministro temporal de agua a los vecindarios de Green Tree Estates termina despues del 31 de julio de 2020. Los propietarios que deseen conectarse al sistema de agua de la Ciudad deben pagar los $6,938 en las tarifas de la Ciudad antes del viernes 3 de julio de 2020. Estos cargos se pueden pagar al Departamento de Servicios de Desarrollo de la Ciudad(la informaci6n de contacto esta al final de esta carta). Una vez que se pagan las tarifas, la Ciudad instalara un conjunto de medidores dentro del derecho publico de paso inmediatamente adyacente a la subdivisi6n Green Tree Estates (en el extremo oriental de la calle Rolling Green). Este es el iinico lugar donde hay acceso existente al sistema de agua y el derecho de paso de la Ciudad donde se pueden colocar los medidores. Debido a que la totalidad de Green Tree Estates es propiedad privada, la Ciudad no puede colocar medidores mas cerca de las residencias. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 20 Public Affairs Department 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON Los propietarios deben, por su cuenta, contratar a un plomero con licencia para establecer una conexi6n desde la residencia al medidor y cumplir con todos los c6digos de Ciudad aplicables. Propiedades Oue No Se Conectan: Tenga en cuenta que el c6digo de la Ciudad requiere que todas las residencias de la Ciudad est6n conectadas a un sistema de agua aprobado. Cuando la provisi6n temporal de agua termina despu6s del 31 de julio, cualquier residencia que no est6 conectada a un sistema de agua aprobado por la Ciudad y que continue siendo ocupada probablemente se considerara en violaci6n del C6digo de la Ciudad. Citaciones pueden ser emitidas hasta que se corrija la violaci6n. En caso de que la residencia siga estar ocupada sin conectarse a un sistema de agua aprobado, la ciudad puede solicitar una Orden a su Comisi6n de Normas de Salud y Construcci6n declarando la estructura como deficiente y tomar medidas adicionales segun to permitido en sus c6digos. Futuras Discusiones del Consejo Municipal El personal de la Ciudad tiene la intenci6n de actualizar el Consejo con respecto a Green Tree Estates en las siguientes fechas: • 21 de julio de 2020 • 28 de julio de 2020 • 4 de agosto de 2020 Estas discusiones estaran abiertas al publico o, si las juntas del Consejo Municipal continuan ser virtualmente, se transmitiran en directo. En cada caso, se ofrecera una interpretaci6n en espanol. Mas informaci6n sobre las juntas y el acceso a la interpretaci6n en espanol se comunicara a los propietarios y residentes de Green Tree Estates antes de cada junta. Informaci6n de Contacto de la Ciudad de Denton: Propietarios interesados en conectar se recomienda que se pongan en contacto con el personal de la Ciudad para que se cumplan los hitos descritos anteriormente. Para establecer una cuenta de Departamento de Servicio al Cliente agua en el nombre del Christa Foster, Gerente de Servicio al Cliente residente: 940-349-8700 OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 21 Public Affairs Department "'` 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 �,F DENTON Para pagar las tarifas de Departamento de Servicios de Desarrollo conexi6n y programar una Scott McDonald, Director de Servicios de Desarrollo inspecci6n: 940-349-8539 Habla espanol: Andy Zamudio, Tecnico de Permisos (940) 349-8360 Por favor dirija sus preguntas por correo electr6nico a Ryan Adams, Subdirector de Asuntos Publicos, a Ryan.Adams(d)cityofdenton.com o llame al (940) 349-8565. Preguntas en espanol se pueden dirigirse a Deborah Viera a Deborah.Vierakcityofdenton.com o al (940) 349-7162. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 22 Public Affairs Department 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON June 19, 2020 Dear Green Tree Estates Property Owner or Resident: This letter is to provide the residents of Green Tree Estates a reminder regarding upcoming deadlines for connection to the City of Denton water system. These deadlines were established by the Denton City Council at their May 12, 2020 meeting and communicated to Green Tree Estates residents and property owners in a letter dated May 14, 2020. Last Day for Temporary Water Service: The City of Denton disaster declaration for Green Tree Estates expires on Friday, July 31, 2020. After July 31, 2020: • The temporary water provision to Green Tree Estates will end • Residents will not receive water from the City of Denton unless they are connected to the City Water system How to Connect to the City: Property owners who wish to connect to the City water system must pay the $6,938 in city fees. Due to at least one property paying the city-required fees prior to the previously communicated July 3, 2020 deadline, the City will pay for the cost of extending the water main to the Green Tree Estates boundary. Any additional property owners who intend to connect to the City water system may pay the fees at any time to the City's Development Services Department(contact information is at the bottom of this letter). In planning to connect to the City water system, residents and property owners should keep in mind that temporary water provision to the Green Tree Estates neighborhoods ends after July 31, 2020. Once fees are paid, the City will install a set of meters within the public right of way immediately adjacent to the Green Tree Estates subdivision(at the eastern end of Rolling Green Road). This is the only location where there is existing access to the water system and City right of way where the meters can be placed. Due to the entirety of Green Tree Estates being private property,the city is unable to place meters closer to residences. Property owners must, on their own, hire a licensed plumber to establish a connection from the residence to the meter and comply with all applicable city codes. Properties That Do Not Connect: Please understand that the City's code requires all residences in the City be connected to an approved water system. When temporary water provision ceases after July 31, any residence that is not connected to a City approved water system and that continues to be occupied will likely be considered in violation of City Code. Citations can then be issued until the violation is corrected. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 23 Public Affairs Department 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 DENTON Should the residence still continue to be occupied without connecting to an approved water system, the City may seek an order from its Health and Building Standards Commission declaring the structure as substandard and take further action as allowed it under its codes. Future City Council Discussions City staff intends to update the Council regarding Green Tree Estates on the following dates: • July 21, 2020 • July 28, 2020 • August 4, 2020 These discussions will be open to the public or, if City Council meetings continue to be held virtually, streamed live. In each case, a Spanish language interpretation will be available. More information regarding the meetings and access to the Spanish language interpretation will be communicated to Green Tree Estates property owners and residents prior to each meeting. City of Denton Contact Information: The City stands ready to connect Green Tree Estates properties to the City water system. Property owners interested in connecting are advised to contact City staff so that the milestones described above are met. For establishing a water Customer Service Department account in a resident's name: Christa Foster, Customer Service Manager 940-349-8700 For paying connection fees Development Services Department and scheduling inspections: Scott McDonald, Director of Development Services 940-349-8539 Habla Espanol: Andy Zamudio, Permit Technician (940) 349-8360 Please direct any other questions via email to Ryan Adams, Deputy Director of Public Affairs, at Ryan.Adams(d),cityofdenton.com or call (940) 349-8565. Questions in Spanish may be directed to Deborah Viera at Deborah.Vierakcityofdenton.com or(940) 349-7162. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 24 GOUNT!- Hugh Coleman �oz Bobbie J. Mitchell Precinct 1 Precinct 3 G Ron Marchant zs4s Dianne Edmondson Precinct 2 Precinct 4 Denton County Commissioners Court Judge Andy Eads .••COUNj'�.• •�.I846•,�•• Denton County OPEN offers $20 million in grants for businesses June 18, 2020— Denton County Commissioners Court is launching the second phase of a small business grant program at noon on Monday, June 22, 2020, through noon on Monday, July 6, 2020, to provide up to $50,000 grants to Denton County businesses who have been negatively financially impacted during the COVID-19 pandemic. "The Denton County Commissioners Court continues to be committed to helping our local businesses recover from the financial losses suffered during the COVID- 19 pandemic," said Denton County Judge Andy Eads. "As we have said earlier, this Phase II continues our efforts to help in the recovery of our local economy," he said. In Phase II of Denton County OPEN, for profit businesses headquartered and located in Denton County with 100 or fewer employees (excluding ineligible entities listed below) are eligible to apply. Courthouse-On-The-Square • 110 West Hickory • Denton,Texas 76201 (940) 349-2830 • Fax (940) 34927831 • www.dentoncounty.com Denton County Commissioners Court The amount a business can receive will be based on the documented negative financial impact of COVID-19 between March 1, 2020 and June 20, 2020. The $20 million identified for the Denton County OPEN grant is a portion of the stimulus money Denton County received from the US Department of Treasury under the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"). Denton County is re-investing these funds into the Denton County OPEN program to benefit Denton County businesses impacted by COVID-19. "Our Chambers of Commerce and Economic Development Corporations across Denton County will again help to promote this program and answer questions, regardless of whether businesses are members or not," Judge Eads said. "We appreciate their willingness to help us get the word out on this second phase of Denton County OPEN." Michael Talley, Director of Economic Development for Denton County, worked with the Commissioners Court to implement a Chapter 381 Economic Development Agreement to allow the county to administer and develop a program to make grants of public money stimulate, encourage and develop commercial activity in the county. "The COVID-19 pandemic hit all of our business community hard, especially, our small businesses," Michael Talley said. "This second phase will continue our efforts to assist local businesses who are coping with financial losses even after reopening." Specific information about the Denton County OPEN grant program is available to read at https://dentoncounty.gov/open. Individuals with questions after reading the information can email questions to OPENgrants@dentoncounty.gov or call 940-349-4280 from 8 a.m. to 5 p.m. Monday through Friday. 26 2 1 P a g e June 18, 2020 do d� UN • v :FOB a •O ' Denton County OPEN Operational Plan for Economic Normalization Business Grant Program, Phase 2 $20 million available for grants Denton County will launch Phase II of the OPEN (Operational Plan for Economic Normalization) Grant with $20 million available through grants for businesses physically operating within Denton County. The goal of this program is to help the businesses that have been negatively financially impacted by COVID-19. If you still have questions after reading the information below, please email questions to OPENgrants@dentoncounty.gov or call 940-349-4280 from 8 a.m. to 5 p.m. Monday through Friday. Denton County Commissioners Court is launching a small business grant program at noon on Monday, June 22, 2020, through noon on Monday, July 6, 2020, to provide up to $50,000 grants to qualifying Denton County businesses who have experienced a negative financial impact during the COVID-19 pandemic. Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 1 1 27 June 18, 2020 In Phase II of Denton County OPEN, for-profit businesses headquartered and located in Denton County with 100 or fewer full time employees (excluding ineligible entities listed below) are eligible to apply. The amount a business can receive will be based on the documented negative financial impact of COVID-19 between March 1, 2020 and June 20, 2020. The eligible amount of the grant is the higher of: The $20 million identified for the Denton County OPEN grant is a portion of the stimulus money Denton County received from the US Department of Treasury under the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"). Denton County is re-investing these funds into the Denton County OPEN program to benefit Denton County businesses impacted by COVID-19. General Information Grants awarded will be up to $50,000. Individual grants will be awarded based on calculating the negavtive financial impact due to COVID-19. This may include not only lost revenue due to COVID-19, but also expenses related to implementing new equipment and protocols in your business to meet the CDC guidelines for safety. Eligibility • Business started before May 1, 2020 • 100 Employees or fewer • No more than $15 Million in Gross Annual Revenue • If an owner has more than one business, the owner is eligible for application for up to three businesses (all businesses must be located in Denton County). Ownership defined as 20% or more. The application must include a disclosure of all 20% or more owners. • Applications and required documentation will be reviewed by assigned Denton County Auditors based on Commissioners Court approved Denton OPEN Grant Program Guidelines. The applicant will receive an email indicating Denton County OPEN Program approval or denial or did not meet qualifications. • Checks will be issued to qualifying applicants by Denton County Accounts Payable. Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 12 28 June 18, 2020 • Applicant must have no outstanding Denton County tax liens or judgments • The application will be open from noon Monday, June 22 at 12 p.m. CST to Monday, July 6, at 12 p.m. CST. • A business receiving grant funding may be notified via email. • Denton County is a governmental body subject to the Texas Public Information Act. Information you submit to Denton County in this application may be subject to the Act and, therefore, subject to public release. Application process includes • Good Faith Certification as to truth and accuracy of information provided • Submit requested information and documentation • Certify the grant request is necessary due to conditions caused by COVID-19 • Agreement to audit the use of grant funds received • Agreement to claw-back provisions if funds are used for ineligible purposes • Unsworn Declaration of Owner Types of businesses: • Corporation • Individual • Sole proprietorship • Single-member limited liability company (LLC) • LLC treated as a partnership • LLC — C corporation • LLC — S corporation • Partnership Eligible Uses of Grant Proceeds • Payroll costs for employees or owners draw (sole proprietors/partners) • Contract labor • Supplier payments • Rent, lease or interest on mortgage payment (for real property used for business purposes, like storefront or warehouse, excluding personal residence.) • Rent, lease or purchase payment for business property (e.g., delivery vehicle; food truck; kitchen equipment; technology, payment, and communications systems and equipment) • New or expanded technology applications and Wi-Fi services • Utility payments for business properties, excluding personal residence. Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 1 3 29 June 18, 2020 • Cost of critical business operations (raw materials, marketing expenses, etc. payments) • PPE and sanitation supplies and equipment • Interest on other business debt obligations incurred before March 1, 2020, excluding personal residence. Documents Required • Documentation of business (Choose one of the following) o Secretary of State Texas File number; o State of Texas License number; DBA, 2018 or 2019 tax return (return only, schedules not required); o Social Security Number, Employer Identification Number or Individual Taxpayer Identification Number, Certificate of Filing. o If sole proprietor, please provide documentation on when you started your business. Ex. Include Occupational license, Sales Tax Certificate • Drivers' license or state-issued ID • Most recent filed business tax return, if applicable • Most recent payroll report and number of employees — 1st QTR 941 for 2020, if applicable • Bank and income statements from January 1, 2020, to May 31, 2020. (If opened between January and May 2020, provide all requested statements for the life of the business. If a new business was never opened due to COVID-19, please include all losses including, but not limited to, rent, utilities, payroll, etc.) • Submit documentation for proof of fund uses by February 15, 2021, including Form W-3, Form 941, utility statements, canceled checks/receipts or bank statements • For Sole Proprietor, applicants provide 2018 or 2019 Schedule C • Form W-9. And • Each business will be required, as part of the application process, to attest that they are not an "Ineligible Business" as listed below. Ineligible Businesses • Non-Profits • Sexually/Adult-Oriented Businesses • Lobbying organizations and political organizations subject to Internal Revenue Code527 Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 14 30 June 18, 2020 • Gambling Concerns, including casinos, racing operations or other activities whose purpose involves gambling • Concerns engaged in illegal activities under federal, state or local laws • A business that is otherwise prohibited by federal or Texas law • A business that is ineligible or precluded to receive federal or State of Texas funding due to federal laws (including but not limited to the CARES Act) or Texas laws • Multi-level marketing concerns • Governmental/taxing agencies/departments Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 1 5 31 June 18, 2020 Frequently Asked Questions: My business received PPP funding. Am I still eligible for a Denton County OPEN grant? Yes, businesses that received PPP funding are eligible for Denton County OPEN grants. Denton County OPEN grant amounts will not take PPP funding into account; however, when reporting on the expenditure of Denton County OPEN grant funds, businesses should not include expenses that were covered by PPP funds. What documentation do I need for proof of the existence of my business? The county only needs to receive one document that proves the existence of a business. That document may be the Secretary of State of Texas File number, State of Texas License number, DBA, or a tax return. It is not necessary to provide more than one of these documents. Can supply or inventory costs be included in the calculation of fixed costs? No. Fixed costs for calculation of the grant amount include only: 1. Rent, lease, or mortgage payment; 2. Business personal property taxes; and 3. Utilities. (Cost associated with a personal residence may not be included) However, supply and inventory costs are allowable uses of the grant proceeds. What businesses are considered "sole proprietorships" to use net income to calculate payroll costs? Any business with only one owner that does not have payroll cost may report using net income as a sole proprietor. This includes corporations and LLCs with one owner and with no payroll cost; however, sole proprietors who have payroll costs (that file 941's, W-Ts, etc.) must report payroll costs, not net income. My business has locations in Denton County and other counties. Do I qualify for the Denton County OPEN grant program? Yes, if your business meets the other criteria, you will qualify. Payroll and/or fixed cost amounts used to calculate the grant amount should be only for those portions of the business that are located in Denton County. How do I prove how long I have been in business? Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 16 32 June 18, 2020 Provide your Certificate of Filing with the Secretary of State. If you do not have it, you can find it on the Texas Secretary of State website at https://direct.sos.state.tx.us/acct/acct-login.asp If you are a sole proprietor, you can provide a DBA, first state bank statement, first income tax or sales tax filing, or a professional license. Deleted 2 sections Will I be notified whether or not my application is approved for a grant? Yes. We will notify all applicants on whether they are approved for a grant, or have been disqualified for ineligibility. Do I need to file all of these documents? Yes. These documents are necessary to ensure all applicants meet the required eligibility to receive grants. These same documents are required by many state and federal grant programs. How soon will these grants be awarded? Denton County will work to turn around grant funds quickly upon the conclusion of the 2-week submission period. The intent is to issue grants as quickly as possible. Who can I call to answer some of the questions I have about this application? Denton County has created a call center that will be available to assist you from 8 a.m. to 5 p.m. Monday through Friday. Please call 940-349-4280. You can also send questions via email to OPENgrants@dentonconty.gov. DENTON COUNTY County 381 Agreement '/---=�:7 Chapter 381 of the Local Government Code allows counties to BUSINESS administer and develop a program to make grants of public money to promote state or local economic development and to POMBUSINESSSTRO *(G; stimulate, encourage and develop business location and commercial activity in the county. Denton County OPEN Grant Program Phase 1 (06/18/20 v1) Page 1 7 33 City of Denton City Hall 41"tomm 215 E.McKinney Street DENTON Denton,Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Police Department CM/DCM/ACM: Todd Hileman DATE: January 8', 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a report and recommendations from the Police Executive Research Forum (PERF). BACKGROUND In May 2018, the Police Executive Research Forum (PERF) was commissioned by the City Manager to perform an organizational review of the Denton Police Department (DPD). PERF is an industry leading independent research organization focused on critical issues within policing. The initial review included an examination of the department's current policies and procedures, organizational structure and management systems,response to critical incidents and organizational climate. The intent of the review was not to investigate any particular incident or specific police officer, but rather to identify areas where the department could improve core business practices. DISCUSSION In June 2018,PERF conducted a broad assessment of DPD's policies,practices, organizational climate and structure. As part of this review, PERF was charged with completing the following tasks: • Identifying the DPD's core processes and functions. • Reviewing the DPD's organizational structure and management systems, including those related to internal communication, organizational efficiency, accountability mechanisms, and the processes for determining promotions and specialized assignments. • Reviewing the department's responses, review, and evaluation process for critical police incidents to ensure that accountability mechanisms are in place. • Conducting an organizational climate survey to understand employees' levels of satisfaction or dissatisfaction, and assessing perceptions about the workplace environment of the DPD. • Developing findings and recommendations, to be presented in a report to the City of Denton. 34 OTHER INITIATIVES AND PROGRESS The draft report provided to the Department August 2018, contained a large number of recommendations related to policy and procedure, particularly the use of force, deadly force, less-lethal devices, and organizational climate. In October, Chief Dixon directed the development of a matrix to document and prioritize each recommendation. This has been an invaluable tool in prioritizing each recommendation. To facilitate the development and update of the Department's policies and procedures manual, Chief Dixon assigned Detective Elisa Howell as the project manager in the complete review and revision of DPD policy. To date, Detective Howell has worked directly with Chief Dixon in not only revising policy, but in researching and bringing Lexipol to the Department. Lexipol is the industry leader in law enforcement policy and procedure, having a large staff of attorneys who track current trends, industry standards, and case law to develop and deploy the best and most comprehensive policy management solution available. Included in the Lexipol solution is the ability to remotely access policy, ongoing training that can be customized,updates, and daily tips that can directly be pushed to officers on the street. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.2 Develop a high-performance workforce EXHIBITS 1. Agenda Information Sheet 2. Presentation 3. PERF Final Report Respectfully submitted: Frank Dixon Chief of Police Prepared by: Bobby Smith Assistant Chief of Police 35 Organizational Review of the Denton Police Department by the Police Executive Research Forum January 8, 2019 Al r D TON P B Frank Dixon, Chief of Police Denton Police Department Presentation Overview Purpose Background/History The Process Summary of Findings Moving Forward Purpose To present key findings of the Police Research Executive Forum 's (PERF) organizational review of the Denton Police Department Organizational Review of the Denton Police Department Final Report POLICE ExEcuTrw RESEARCH FORUM December 2018 38 January 8, 2018, ID 19-004 Background/History Internal perception that qualified applicants were overlooked for the sake of diversity These concerns were not directly addressed by management, which allowed them to grow Legitimacy and trust of DPD was damaged internally and externally CMO brought in PERF to conduct an organizational review of DPD The review showed a perception of cronyism , inequity in discipline and lack of overall leadership 39 January 8, 2018, ID 19-004 The Process - Timeline • City Manager commissioned • DPD begins to address Implementation of Police Executive Research preliminary recommendations recommendations Forum (PERF) to conduct • Restructure of executive organizational review of DPD command staff • PERF begins • Conclusion of study organizational study • PERF, CMO and DPD ao executive team review of draft January 8, 2018, ID 19-004 The Process - Police Executive Research Forum PERF is a Washington , D . C. based research and consulting firm specialized in policing `6 PERF performed more than 180 management studies of police agencies and publishes reports related to policing issues 4, January 8, 2018, ID 19-004 The Process - Project Scope Review, identify and assess DPD's core business practices and functions S Departmental policies and procedures Organizational structure and management systems ➢ Response to critical incidents Organizational climate survey 42 January 8, 2018, ID 19-004 The Process - Project Methodology Review of current departmental policies 2 . On-site interviews with City of Denton officials City Council, City Manager's Office and Human Resource personnel 3. Employee focus group discussions and survey - extensive input from sworn and civilian personnel - 151 employees responded/ 59.7% response rate 4. Ride a-longs with various patrol officers 43 January 8, 2018, ID 19-004 The Process - Employee Survey Internal Communication: [Supervision Organizational Assessment Training & Resources -Leadership 44 January 8, 2018, ID 19-004 Summary of Findings What did the study reveal? Heavy emphasis on update/revision of departmental policies and procedures Use of force De-escalation Improvement within organizational culture Trust Leadership Communication Equity issues 45 January 8, 2018, ID 19-004 Moving organizational prgan � Grpwth Internal dural justice tce • Patrol staffingassessment procedures s and P Reallocate personnel to - - ppl�cie p Re develop 3 5 strategic plan ensure improved distribution of • Update department's resources • Police headquarters policies and procedures renovation manual Creation of Chiefs advisory committee • Realignment of patrol areas • Establish new disciplinary process accompanying Hold regularly scheduled • Assess future patrol policy meetings with department substations personnel 46 January 8, 2018, ID 19-004 Questions *?. Organizational Review of the Denton Police Department Final Report POLICE EXECUTIVE RESEARCH FORUM December 2018 48 Table of Contents TABLE OF CONTENTS Tableof Contents............................................................................................................................ 1 EXECUTIVE SUMMARY ............................................................................................................ 4 Summary of Findings and Recommendations............................................................................ 4 Policiesand Procedures .......................................................................................................... 4 ICATTrain-the-Trainer........................................................................................................ 13 Organizational Climate Survey of the DPD.......................................................................... 13 Workplace Environment and Procedural Justice.................................................................. 15 Additional Recommendations............................................................................................... 17 MovingForward....................................................................................................................... 18 INTRODUCTION ........................................................................................................................ 19 About the Denton Police Department....................................................................................... 19 Project Scope and Methodology............................................................................................... 20 SECTION 1. DPD POLICIES AND PROCEDURES................................................................. 22 DPD General Order 5.1 - Use of Force..................................................................................... 22 DPD General Order 5.1.1 (Policy)........................................................................................ 23 DPD Policy 5.1.2 (Definitions)............................................................................................. 25 DPD Policy 5.1.3 (Use of Force/General Rules).................................................................. 26 DPD Policy 5.1.6 (Use of Force Restrictions)...................................................................... 28 DPD Policy 5.1.7 (Medical Treatment)................................................................................ 29 DPD Policy 5.1.9 (Reporting and Review)........................................................................... 29 DPD General Order 5.2 —Officer Involved Shootings............................................................. 32 DPD Policy 5.2.2 (Reporting Discharge of Weapons) ......................................................... 32 DPD Policy 5.2.3 (Investigation of Officer-Involved Shootings) ........................................ 33 DPD Policy 5.2.4 (Post-Shooting Procedure)....................................................................... 34 DPD General Order 5.4—Less Lethal Devices and Weapons ................................................. 35 DPDPolicy 5.4.1 (Policy) .................................................................................................... 35 DPD Policy 5.4.2 (Definitions)............................................................................................. 36 DPD Policy 5.4.3 (Certification Requirements) ................................................................... 38 DPDPolicy 5.4.5 (Tasers).................................................................................................... 39 DPD Policy 5.4.7 (Police Canine Deployment).................................................................... 43 DPD Policy 5.4.10 (Medical Treatment and Decontamination)........................................... 44 DPD Policy 5.4.11 (Reporting the Use of Less Lethal Force).............................................. 45 1 49 Table of Contents DPD General Order 4.2 —Emergency Vehicle Operations and Pursuits.................................. 46 DPD Policy 4.2.13 (Prohibited Actions During a Pursuit)................................................... 46 DPD Policy 4.2.19 (Inter jurisdictional Pursuit Policy).......................................................46 DPD General Order 10.2 —Office of Professional Standards and Administrative Investigations ...................................................................................................................................................48 DPD Policy 10.2.6 (Criminal Investigations Relating to Employee Misconduct)...............48 DPD Policy 10.2.7 (Investigation Process)...........................................................................48 DPD General Order 12.1 —Active Critical Incidents............................................................... 49 DPD's Organizational Structure...............................................................................................49 SECTION II. ICAT TRAIN-THE-TRAINER.............................................................................. 51 PERF's Integrating Communications, Assessment, And Tactics Training Guide ................... 51 SECTION III. ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. ....................................................................................................................................................... 53 Survey Background and Methodology..................................................................................... 53 SurveyInstrument:................................................................................................................ 53 DataCollection: .................................................................................................................... 53 SurveySample. ..................................................................................................................... 53 SurveyResults .......................................................................................................................... 54 Organizational Commitment and Job Satisfaction ............................................................... 55 Perceptions of the Work Environment at DPD..................................................................... 56 Perceptions of Internal Communication............................................................................... 58 Perceptions of Department Supervision................................................................................ 59 Perceptions of Department Leaders...................................................................................... 60 Perceptions of Training Opportunities and Available Resources......................................... 61 Perception of the Promotion and Special Assignment Process ............................................ 62 Open-Ended Survey Questions............................................................................................. 66 SECTION IV. WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE ................. 70 Internal Procedural Justice........................................................................................................ 70 Benefits of Internal Procedural Justice................................................................................. 71 Applying Procedural Justice Principles at DPD ....................................................................... 72 Internal Department Communications.................................................................................. 72 Recognizing Exceptional Performance................................................................................. 74 SECTION V. ADDITIONAL RECOMMENDATIONS ............................................................. 75 CONCLUSION............................................................................................................................. 77 Policiesand Procedures ............................................................................................................ 77 2 50 Table of Contents Organizational Structure........................................................................................................... 78 Organizational Climate Survey................................................................................................. 78 Workplace Environment and Procedural Justice...................................................................... 78 MovingForward....................................................................................................................... 79 APPENDIX—DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY ....................................................................................................................................................... 80 3 51 EXECUTIVE SUMMARY EXECUTIVE SUMMARY In May 2018, the Police Executive Research Forum(PERF)was commissioned by the City of Denton to perform an organizational review of the Denton Police Department (DPD). PERF's review included an examination of the department's policies on use of force and responding to critical incidents, and an assessment of the department's "organizational climate." The purpose of this study was not to investigate any particular incident or specific police officer,but rather to identify areas where DPD can improve its core business practices. This report presents PERF's findings and recommendations regarding DPD's use-of-force policies, organizational structure, and the overall "climate" of the department. Summary of Findings and Recommendations The recommendations in this report are based on findings from PERF's review, which included a review of DPD's use-of-force policy and other related policies, an analysis of the department's organizational chart, a survey of DPD employees regarding job satisfaction and other indicators of the "climate"of the organization, interviews with DPD personnel, and observations made during PERF's site visits. Throughout the course of this review, PERF's project team regularly discussed its ongoing findings and recommendations with DPD leaders. DPD began making changes to its policies and practices based on these discussions, and at the time of this report the department had already implemented the majority of PERF's recommendations. DPD also developed a matrix that documents and prioritizes each recommendation, and PERF found this matrix to be a useful tool and agrees with the priority level given to each recommendation. This executive summary presents an overview of key findings and recommendations that are included in the report. This summary also provides information regarding DPD's considerable progress in implementing these recommendations. Policies and Procedures DPD General Order 5.1 —Use of Force Finding: At the time of PERF's review, DPD's use-of-force policy did not have a statement regarding the sanctity of life, de-escalation, or the duty to intervene if an officer witnesses a fellow officer using unnecessary force or appearing to be on the verge of using unnecessary force. In addition, key terms such as "proportionality" and"de-escalation"were not defined in policy. The use-of-force policy also did not direct officers to only use force that is proportional to the threat encountered, and it did not prohibit the use of lethal force against individuals who are a 4 52 EXECUTIVE SUMMARY danger only to themselves. PERF's review found that DPD prohibits officers from shooting at vehicles, but policy does not provide a narrow exception in cases where a vehicle is being used as a weapon of mass destruction. DPD's policy is not clear on when officers should request emergency medical treatment following the use of force, and the policy does not seem to require a medical evaluation of a person who complains of a physical injury(currently, medical evaluations are only required for subjects with visible injuries). DPD does not have a policy requiring supervisors to be dispatched to the scene of critical incidents in which there is a high likelihood that officers may use force. PERF also found that DPD uses different forms to document specific uses of force (use of Electronic Control Weapons is documented using the "Taser Use" form, while all other use-of-force incidents are captured using the generic use-of-force form), and that officers are currently required to document only certain types of use of force. Finally, DPD does not utilize a review board to critically analyze use-of-force incidents, and DPD does not publish an annual use-of-force report. ➢ Recommendation: DPD should add a sentence emphasizing the sanctity of human life as a core value in its use-of-force policy. For example, the Baltimore Police Department's use-of-force policy states: "The policy of the Baltimore Police Department is to value and preserve human life in all situations."' This recommendation has been implemented. ➢ Recommendation: DPD should adopt de-escalation as formal agency policy, and language should be added to policy to reflect this approach. The policy should state that de-escalation is the preferred, tactically sound approach in many critical incidents. The policy should require officers to receive training on key de-escalation principles. Many agencies already provide crisis intervention training as a key element of de-escalation, but crisis intervention policies and training must be merged with a new focus on tactics that officers can use to de-escalate situations. De-escalation policy should also include discussion of proportionality; using distance, cover, and tactical repositioning to "slow down" situations that do not pose an immediate threat; calling for supervisory and other resources; and related concepts. This recommendation has been implemented. ➢ Recommendation: DPD should add a statement regarding the duty to intervene to its use-of-force policy. This statement should include the following language: "Officers have a duty to intervene if they anticipate or observe the unreasonable, unnecessary, or disproportionate use of force." This recommendation has been implemented. ➢ Recommendation: PERF recommends the use of the terms "lethal force" and"less- lethal force" in the "Definitions" section and throughout all of DPD's policies, rather than"deadly force" and"non-deadly force." "Less lethal" is a more accurate term because many weapons that are not designed to be lethal sometimes do result in death. DPD should carefully review all policies to ensure the consistent use of these terms. This recommendation has been implemented. 'Baltimore Police Department(2016)."Policy 1115 (`Use of Force')". https://www.baltimorepolice.org/sites/default/files/Policies/1115 Use Of Force.pdf 5 53 EXECUTIVE SUMMARY ➢ Recommendation: DPD should add a definition of"Proportionality." The definition should state that proportionality involves officers: (1)using only the level of force necessary to mitigate the threat and safely achieve lawful objectives; (2) considering, if appropriate, alternate force options that are less likely to result in injury but will allow officers to achieve lawful objectives; and(3) considering the appropriateness of officers' actions. Proportionality also considers the nature and severity of the underlying events.2 (The concept of proportionality does not mean that officers, at the moment they have determined that a particular use of force is necessary and appropriate to mitigate a threat, should delay their response in order to consider how their actions will be viewed by others. Rather, officers should begin considering what might be appropriate and proportional as they approach an incident, and they should keep this consideration in their minds as they are assessing the situation and deciding how to respond. This recommendation has been implemented. ➢ Recommendation: DPD should add a definition of"De-escalation." The definition should emphasize proportionality; the use of distance, cover, and tactical repositioning to "slow down" situations that do not pose an immediate threat; calling for supervisors and other resources; and similar actions and tactics.3 This recommendation has been implemented. )0- Recommendation: DPD should add language to its policy that force used by officers should be proportional to the threat. In assessing whether a response is proportional to the threat being faced, officers should consider the following factors: (1) whether the level of force is necessary to mitigate the threat and safely achieve a lawful objective; (2) whether there is another, less injurious option available that will allow the officer to achieve the same objective as effectively and safely; and (3)whether the officer's actions will be viewed as appropriate given the severity of the threat and the totality of the circumstances. This recommendation has been implemented. ➢ Recommendation: DPD should add language that prohibits the use of lethal force against individuals who pose a danger only to themselves and not to other members of the public or to officers. Officers should also be required to consider the use of many available less-lethal options in these situations. Officers should be prepared to exercise considerable discretion to take as much time as necessary to resolve a situation peacefully.4 This recommendation has been implemented. ➢ Recommendation: DPD should add the following language to its policy regarding shooting at vehicles: "The only exception is an apparent act of terrorism when the vehicle is being used as a weapon of mass destruction." This recommendation has been implemented. 2 See PERF, Guiding Principles on Use of Force,pp. 38-40. http://www.policeforum.or /a� ssets/ u� idingprinciplesl.pdf. 3 Ibid,pp. 54-65. 4 See PERF, Guiding Principles on Use of Force,p.48. 6 54 EXECUTIVE SUMMARY ➢ Recommendation: DPD should add language to its policy that officers shall promptly request medical assistance as soon as it is safe and practical to do so following a force incident. This recommendation has been implemented. ➢ Recommendation: DPD policy should include language that requires a medical evaluation of subjects who complain of injury, even if injuries are not visible, following a use-of-force incident. This recommendation has been implemented. ➢ Recommendation: DPD should add a requirement that supervisors immediately respond to any scene: where a weapon (including a firearm, edged weapon, rocks, or other improvised weapons) is reported; where a person experiencing a mental health crisis is reported; or where a dispatcher or other member of the department believes there is potential for significant use of force. This recommendation has been implemented in practice, and will be added to policy in the near future ➢ Recommendation: DPD should add the following statement to its policy: "Officers will document all uses of force that involve a hand or leg technique; the use of a lethal weapon, less-lethal weapon, or weapon of opportunity; or any instance where injury is observed or alleged by the subject that is the result of an officer's use of force. The pointing of a firearm or an Electronic Control Weapon at an individual as a threat of force should be documented in incident reports." This recommendation has been implemented in practice, and will be added to policy in the near future ➢ Recommendation: DPD should eliminate its "Taser Use"report. In order to make reporting uses of force as simple as possible, one form should be used for reporting all use-of-force incidents. This recommendation has been implemented. ➢ Recommendation: DPD should publish its annual use-of-force report on the department's website. The report should inform the public on how data on use-of-force incidents are captured, the number of incidents that occurred during the year, and whether the incidents were within policy. This report should be used to better understand use-of- force trends and opportunities for improvements, and to demonstrate transparency to the community. Many police departments publish annual use-of-force reports on their department websites. One example is the Seattle, WA Police Department.5 This recommendation is in the process of implementation. ➢ Recommendation: PERF recommends conducting a formal review of all officer- involved shootings, in-custody deaths, hospitalizations of prisoners, and serious use-of- force incidents (electronic control weapon,baton, OC spray),by establishing a performance review board. The formal review of these incidents, conducted as a matter of course, will provide valuable opportunities to identify lessons that can be incorporated into officer training, gaps in tactics, any need for additional equipment to be provided to 5 Seattle Police Department.(2017). Use of Force Annual Report. https://www.seattle.gov/Documents/Departments/Police/Publications/Use%20of%20Force%20Amual%20Report% 20%20Final.pdf 7 55 EXECUTIVE SUMMARY officers, or any need for changes in policy. Incidents that were captured by body-worn cameras can be especially useful for identifying ways to improve officers' tactics and tools while providing accountability. The review board, consisting at a minimum of the assistant chief of operations, a lieutenant or sergeant from training, and a representative from professional standards, should convene quarterly to review each serious use-of-force incident. The board should review any use of force that resulted in a death or injury or involved the use of a lethal or less-lethal tool. The review board should serve to ensure that tactics, equipment, and policy are reviewed, and areas of concern are addressed. In addition, the review board should meet within 24 to 48 hours following an officer- involved shooting or in-custody death. The review board should be briefed by investigators regarding the facts of the case known at that time to ensure that no immediate changes to policy, training, or equipment are necessary. The review board should present all findings and recommendations to the chief of police. This recommendation is in the process of implementation. DPD General Order 5.2 —Officer Involved Shootings Finding: PERF found DPD's officer-involved shooting policy to be thorough,but some improvements can be made. For example, the policy title should be changed to reflect that in- custody deaths should follow the same reporting and investigation process as officer-involved shootings. DPD should also mandate that officers involved in a shooting or in-custody death schedule a follow-up appointment with the department-approved psychologist roughly six months after the shooting incident, to ensure the well-being of the officer. It is also crucial for the use-of-force review board to examine all in-custody deaths and officer-involved shootings 24 to 48 hours following the incident to determine if immediate changes to training,policy, or equipment are necessary. ➢ Recommendation: DPD should change the title of General Order 5.2 from "Investigation of Officer-Involved Shootings"to "Investigation of Officer-Involved Shootings and In-Custody Deaths." The same reporting and investigation procedure should be followed for fatal officer-involved shootings and in-custody deaths. This recommendation has been implemented. ➢ Recommendation: All officer-involved shootings or in-custody deaths should be examined by the use-of-force review board within 24 to 48 hours following the incident. The review board should be briefed by investigators regarding the facts of the case known at that time to determine whether any immediate changes to policy, training, or equipment are necessary. This recommendation has been implemented. ➢ Recommendation: DPD should continue the practice of requiring all officers involved in an officer-involved shooting or in-custody death to schedule a session with the department-approved psychologist prior to returning to work. In addition, the department should initiate the practice of a mandatory follow-up appointment with the department- s 56 EXECUTIVE SUMMARY approved psychologist, approximately six months from the original visit, to ensure the mental health and well-being of the officer are being addressed. This recommendation has been implemented. DPD General Order 5.4 —Less-Lethal Devices and Weapons Findinzs: PERF review revealed that DPD's less-lethal weapons policy could be condensed into the department's general use-of-force policy. However, if DPD does not combine these policies, then statements regarding the sanctity of life, proportionality, and de-escalation should be added to the Less-Lethal Devices policy. Additionally, some definitions in the less-lethal weapons policy should be changed to conform to the same definition used in other policies, while other definitions should be added to the Less-Lethal Devices policy. Regardless of whether the policies are combined, DPD should adopt several guidelines regarding Electronic Control Weapons (ECW) (e.g., discouraging officers from targeting sensitive areas or using drive stun mode). In addition, DPD should require any authorization for canine use for crowd control to come from a lieutenant or higher-ranked officer. PERF also found that the current policy does not require a medical evaluation following ECW deployment or canine bites, and that reporting and supervisor requirements are not thorough. ➢ Recommendation: DPD should add language regarding the sanctity of life to the Less- Lethal Devices policy to demonstrate that it is fully committed to progressive policing practices. This recommendation has been implemented. ➢ Recommendation: DPD should include language about objective reasonableness to this policy. The language should state that officers are to only use the amount of force that appears necessary to accomplish a lawful objective, that uses of force must be objectively reasonable, and that officers will use only the force that a reasonably prudent officer would use under the same or similar circumstances. This recommendation has been implemented. ➢ Recommendation: DPD should add language to the Less-Lethal Devices policy stating that force used by officers should be proportional to the threat. In assessing whether a response is proportional to the threat being faced, officers should consider the following factors: (1)whether the level of force is necessary to mitigate the threat and safely achieve a lawful objective; (2)whether there is another, less injurious option available that will allow the officer to achieve the same objective as effectively and safely; and (3) whether the officer's actions will be viewed as appropriate given the severity of the threat and the totality of the circumstances. This recommendation has been implemented. ➢ Recommendation: DPD should add language regarding the use of de-escalation tactics to this policy. The language should state that de-escalation is the preferred, tactically sound approach in many critical situations, and officers should use de-escalation tactics when it is safe and time permits. This recommendation has been implemented. ➢ Recommendation: DPD should change the definition of"Objectively Reasonable" currently used in Section 5.4.2 to match the definition for the term that is found in 9 57 EXECUTIVE SUMMARY General Order 5.1. The definition should read: "This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight." This recommendation has been implemented. ➢ Recommendation: DPD should add a definition of"Proportionality" to the Less- Lethal Devices policy. The definition should state that proportionality involves officers: (1)using only the level of force necessary to mitigate the threat and safely achieve lawful objectives; (2) considering, if appropriate, alternate force options that are less likely to result in injury but will allow officers to achieve lawful objectives; and (3) considering the appropriateness of officers' actions. The concept of proportionality does not mean that officers, at the moment they have determined that a particular use of force is necessary and appropriate to mitigate a threat, should delay their response in order to consider how their actions will be viewed by others. Rather, officers should begin considering what might be appropriate and proportional as they approach an incident, and they should keep this consideration in their minds as they are assessing the situation and deciding how to respond. Proportionality also considers the nature and severity of the underlying events.6 This recommendation has been implemented. ➢ Recommendation: DPD should add a definition of"De-escalation"to this section. The definition should emphasize proportionality; the use of distance, cover, and tactical repositioning to "slow down" situations that do not pose an immediate threat; calling for supervisors and other resources; and similar actions and tactics. This recommendation has been implemented. ➢ Recommendation: DPD should require that officers be recertified to use Electronic Control Weapons (ECWs) on an annual basis, and language should be added to this policy to reflect that change. This recommendation has been implemented. ➢ Recommendation: DPD should revise its policy to replace all references to "TASER" with the more descriptive and appropriate term, "Electronic Control Weapon (ECW)." This change will help clarify that ECWs are in fact weapons that carry a risk of harming persons, including fatal injuries in some cases. The change should be made through all DPD policies and in all other orders, directives, and training curricula which reference such devices. This recommendation has been implemented. ➢ Recommendation: DPD should add language instructing officers not to purposefully target sensitive areas with an ECW. This should include the following: "Personnel should not intentionally target sensitive areas (e.g., head, neck, genitalia)when deploying an ECW." This recommendation has been implemented. 6 See PERF, Guiding Principles on Use of Force,pp. 38-40. http://www.policeforum.or /ag ssets/ ug idingprinciplesl.pdf. Ibid,pp. 54-65. 10 58 EXECUTIVE SUMMARY ➢ Recommendation: DPD should add language restricting the deployment of an ECW on a person in physical control of a vehicle in motion (e.g., automobiles, trucks, motorcycles, ATVs,bicycles, scooters). This recommendation has been implemented. ➢ Recommendation: DPD should revise its policy to state: "Personnel should use an ECW for one standard cycle (five seconds) and then evaluate the situation to determine if subsequent cycles are necessary. Personnel should consider that exposure to the ECW for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury. Any subsequent application should be independently justifiable, and the risk should be weighed against other force options." This recommendation has been implemented. ➢ Recommendation: In policy and training, DPD should discourage officers from using the drive stun mode as a pain compliance technique. The policy should state that the drive stun mode should only be used to complete the incapacitation circuit in order to supplement the probe mode, or to create separation between an officer and a subject. This recommendation has been implemented and will be emphasized in follow-up training. ➢ Recommendation: DPD should add the following language to its Less-Lethal Devices policy: "All subjects who have been exposed to ECW application must receive a medical evaluation by emergency medical responders in the field or at a medical facility. Any subject who has been exposed to prolonged application (i.e., more than 15 seconds) should be transported to an emergency department for evaluation. Medical personnel conducting the evaluation should be made aware that the subject has experienced ECW activation, so they can better evaluate the need for further medical treatment." This recommendation has been implemented. ➢ Recommendation: If DPD continues to allow police canines to be used to control crowds during riots or other civil disturbances, then the authorization to allow police canines to be used in those situations should come from the position of lieutenant or higher. ➢ Recommendation: DPD should include the following statement to the canine guidelines: "Any individual who experiences a bite by a police canine will be taken to a hospital for medical evaluation and treatment." ➢ Recommendation: DPD should include the following language in its policy: "Officers will document all uses of force that involve a hand or leg technique; the use of a lethal weapon, less-lethal weapon, or weapon of opportunity; or any instance where injury is observed or alleged by the subject that is the result of an officer's use of force. The pointing of a firearm or an Electronic Control Weapon at an individual as a threat of force should be documented in incident reports." Relevant language has been added to this section. 11 59 EXECUTIVE SUMMARY ➢ Recommendation: DPD should add language to this policy that, except in the case of mitigating circumstances, supervisors should immediately respond to the scene of incidents where an officer has used any less-lethal force and initiate an investigation. This recommendation has been implemented. DPD General Order 4.2 —Emergency Vehicle Operations and Pursuits Finding: PERF found that DPD's policy regarding emergency vehicle operations and pursuits does not emphasize strongly enough that officers shall not shoot at a moving vehicle unless the occupants are using deadly force against the officer by means other than the vehicle. This is a critical point that is emphasized in DPD's use-of-force policy(General Order 5.1), and DPD should ensure that this language is consistent through all of its policies. ➢ Recommendation: DPD should add language to its Emergency Vehicle Operations and Pursuits policy(DPD General Order 4.2) stating that officers are not to shoot at a moving vehicle unless the occupants are using deadly force against the officer by means other than the vehicle. This language should be added to both Sections 4.2.13 and 4.2.19 of this policy. This recommendation has been implemented. DPD General Order 10.2 — Office of Professional Standards and Administrative Investigations Finding: DPD's policy states that, when possible, criminal investigations related to a citizen or internal complaint should be completed before any administrative investigation is conducted. This practice can unnecessarily delay the department in discharging an employee who, in an administrative investigation, clearly would be shown to have violated departmental rules seriously enough to justify dismissal. PERF also found that although DPD accepts complaints made by methods other than in-person complaints filed at the department's offices, the language in DPD's policy seems to allow for only narrow exceptions for complaints made using alternative methods. ➢ Recommendation: The DPD should routinely conduct concurrent criminal and administrative investigations. The administrative investigation is conducted by the Office of Professional Standards (OPS) and the criminal investigation by the Criminal Investigations Bureau. The policy should be very clear that there must be a process to protect the integrity of the criminal case. The implications of Garrity and Miranda warnings, along with the potential for a lost criminal case against an employee due to mishandling of information, should be addressed in this policy. For example, a"Garrity warning," given to the employee at the beginning of an interview in an administrative investigation, can protect the employee's constitutional right against self-incrimination by advising the employee that statements made in the administrative investigation will not be used in any criminal proceeding. ➢ Recommendation: The language in this section should simply and clearly state that complaints made using any method(e.g., online, telephone, letter, etc.) will be investigated. DPD should remove any language that refers to accepting a complaint via 12 60 EXECUTIVE SUMMARY telephone or letter if the complainant's location makes it difficult to come to the department or the complainant declines an in-person interview. Complaints made by methods other than in-person at the police department should be accepted regardless of the complainant's location. This recommendation has been implemented. ICAT Train-the-Trainer To help law enforcement agencies implement PERF's 30 Guiding Principles on Use of Force, PERF developed ICAT.- Integrating Communications, Assessment, and Tactics,8 a training guide that represents a new way of thinking about use-of-force training for American police officers. ICAT takes the essential building blocks of critical thinking, crisis intervention, communications, and tactics, and puts them together in an integrated approach to training. In June 2018, PERF conducted ICAT train-the-trainer instruction for several Denton Police Department trainers. Participants were carefully selected for the implementation of the training. The participants were actively engaged throughout the day, discussing methods to adapt and deliver the instruction to all DPD personnel. Eleven ICAT training sessions have been scheduled through December 14, 2018. DPD anticipates departmentwide training will be complete by the spring of 2019. Organizational Climate Survey of the DPD With input from City of Denton officials, PERF designed an"organizational climate" survey to solicit Denton Police Department(DPD) employees' perceptions of the department. The survey asked employees how they feel about several aspects of the department, including internal communications, supervision, leadership,job satisfaction, work environment, and the process used to determine promotion and special assignments. The survey was distributed to all DPD personnel. At the close of data collection, PERF had received a response from 151 DPD employees, for a 59.7%response rate. Finding: Overall, DPD employees provided positive responses to statements pertaining to organizational commitment and job satisfaction. For example, nearly 50% of respondents strongly agreed, and another 36% agreed with the statement, "I am proud to tell others that I work for this department." However, some DPD employees identified"department politics" and weak leadership as areas in which DPD could improve. Finding: Most DPD employees provided favorable responses to statements regarding their perception of the work environment. For example, a large majority of respondents provided positive responses to the statement, "I have positive relationships with my coworkers," as 52% agreed and another 38% strongly agreed with the statement. 8 Police Executive Research Forum(2016).ICAT:Integrating Communications,Assessment, and Tactics. Training Guide for Defusing Critical Incidents. http://www.policeforum.org/assets/icattrainingguide.pdf 13 61 EXECUTIVE SUMMARY Finding: DPD employees had less favorable responses to statements regarding their perceptions of intra-agency communication. For example, most respondents believe that DPD leaders were doing a poor job of informing employees about matters affecting them. Many DPD employees also indicated that they are not asked for input regarding decisions that will affect them, that the rationale behind decisions is not communicated effectively, and that they are not satisfied with the information they receive from management. Finding: Most DPD employees responded favorably to statements regarding their level of satisfaction with supervisors in the department. For example, employees generally agreed that their immediate supervisors treat them fairly and with respect. Finding: DPD employees provided less favorable responses regarding their perceptions of department leaders. The majority of respondents agreed or strongly agreed with the statement, "I have doubts about the department's leadership," and many respondents provided negative responses regarding whether employees are held accountable for poor performance. Finding: Overall, DPD employees provided positive responses to statements regarding their satisfaction with department resources and training opportunities. An overwhelming majority of respondents believe they have the equipment and supplies needed to do their jobs, and 80% of respondents agreed or strongly agreed that they receive the necessary training to do their jobs. Finding: DPD employees had mixed views regarding the promotion and special assignment process. Half of the survey respondents provided positive responses to the statement, "Special assignments and professional development opportunities are provided to those who demonstrate appropriate work performance." More than half of the respondents no not think that DPD is unfair in its hiring practices, but just over half of respondents also believe that promotions are seldom related to employee performance. Finding: The organizational climate survey included open-ended questions that allowed respondents to provide additional comments. Several common themes emerged from the responses to these open-ended questions, including: the belief that cronyism is a problem at DPD, especially with respect to promotions and special assignments; a severe lack of internal communication from DPD's senior leaders, specifically regarding DPD's Downtown Unit9 and the hiring of racial minorities; an uneven disciplinary atmosphere created by significant differences in performance expectations among patrol supervisors and commanders; and inconsistency in the expectations among sergeants and lieutenants. ➢ Recommendation: PERF believes the DPD would be best served by consistently adhering to the following process for determining special assignments: 1) Open positions for special assignments should be advertised department-wide, preferably via an email sent to every DPD employee. 2) Interested employees should complete an application. 3) Completed applications should be forwarded and reviewed by the applicant's immediate DPD supervisors for comments. 4) Completed applications should be sent to the specialized unit filling the position. 9 Also known as District Five,this unit is responsible for policing the downtown Denton entertainment area. 14 62 EXECUTIVE SUMMARY Additionally, PERF recommends the use of a three-person interview panel made up of subject matter experts for the specialized unit. The position-level requirements for the three-person interview panel should be indicated in policy. The three-person interview panel should use fixed questions and a consistent scoring method(e.g., a scoring rubric) for evaluating applicants. A basic skills test may be administered, but DPD must ensure that applicants know it is part of the process and why the test is included in the process. This recommendation has been implemented. ➢ Recommendation: DPD leaders must work to better integrate the Downtown Unit into the department. The Downtown Unit is designed to provide visitors and residents with a sense of safety and security while enjoying the local businesses, restaurants, and nightlife. The Downtown Unit assists the City of Denton in making the downtown area an attractive destination. DPD leaders should consider a constant rotation of temporarily assigned patrol officers into the Downtown Unit to expose them to the work of the unit. This will also give patrol officers exposure to the business community and to the problem-solving and communication skills that are essential in the unit. ➢ Recommendation: PERF recommends that through the use of hiring data, DPD leaders readdress the misinformation so that the department can continue to move forward. ➢ Recommendation: The department's new leadership team must clarify the mission and vision of the agency and make a true effort to share this vision through effective internal communication and transparency. This recommendation has been implemented. ➢ Recommendation: PERF recommends that DPD's new leadership team ensure that performance and behavioral expectations that can lead to disciplinary action are clearly stated in writing, and are not subject to overly broad or inconsistent interpretations by first-line and mid-level leaders. Consideration should be given to publishing summaries on a quarterly basis of adjudicated misconduct complaints to reduce suspicions of disparate treatment or biased outcomes. ➢ Recommendation: PERF recommends that DPD's new leadership team provide commanders and supervisors with clear expectations and consistent practices for officers to follow regarding their daily law enforcement activities (e.g., report writing, handling calls for service, etc.). Providing clear, consistent requirements for all patrol officers will increase accountability and significantly reduce the confusion that currently exists. This recommendation has been implemented. Workplace Environment and Procedural Justice During PERF's review of DPD, one common theme that emerged was the belief among many personnel that the agency's culture has not always reflected strong values of leadership, fairness, and internal transparency. These types of concerns are central to the concept of"internal procedural justice." 15 63 EXECUTIVE SUMMARY "Procedural justice" is a term that generally describes practices to ensure that people are treated with dignity, respect, and fairness. In policing, agencies should strive to ensure that officers provide a sense of procedural justice to the community members they encounter every day. There is another type of procedural justice in policing: "internal"procedural justice, which is about applying these principles within a police agency, so that officers and other employees feel that they are treated fairly and even-handedly, with respect and dignity.lo Based on feedback that PERF received during focus groups with DPD employees, as well as a review of the organizational climate survey data, PERF believes that incorporating the principles of internal procedural justice throughout the department can help improve the agency's overall workplace culture and environment. Finding: DPD can adopt a number of strategies to improve internal department communications and promote internal procedural justice. Such strategies include soliciting input from employees, improving email communications to DPD employees, holding regularly scheduled formal meetings with department personnel, and using smaller"after-action" debriefing sessions. ➢ Recommendation: DPD should make use of regular, ongoing department-wide meetings, involving both sworn and civilian staff members. These meetings should be used to share information about upcoming changes within the agency and soliciting employee feedback. This recommendation has been implemented. ➢ Recommendation: DPD should explore other ways to solicit feedback from employees, including circulating feedback forms regarding possible changes in the department, holding focus groups with a cross-section of personnel, and holding regular"listening" meetings between employees and the chief of police. ➢ Recommendation: The DPD Chief of Police should establish the following standing formal meeting schedule: o Command staff(once per week) o Supervisors (once per month) o Denton Police Officers Association(once per month) o Denton Municipal Police Association (once per month) o Crime meeting (once per month). This recommendation has been implemented. io Police Executive Research Forum(2014).Legitimacy and Procedural Justice: A New Element of Police Leadership. htW://www.policeforum.ora/assets/docs/Free_Online_Documents/Leadership/le ite imacy%20and%20procedural%20 justice%20%20a%20new%20element%20oP/o20police%201eadership.pdf; Police Executive Research Forum(2015). Critical Response Technical Assessment Review: Police Accountability— Findings and National Implications of an Assessment of the San Diego Police Department.Washington,DC: Office of Community Oriented Policing Services. https://www.sandiego.gov/sites/default/files/legacy/police/pdf/per fTt.pdf. 16 64 EXECUTIVE SUMMARY ➢ Recommendation: DPD should explore the use of after-action briefings following critical incidents or challenging situations, in order to share information about what strategies were effective and to explore aspects of the response that, in hindsight, could be improved upon. In addition to teaching lessons about best practices, such briefings can provide constructive feedback to other unit members and encourage mentoring relationships between junior and senior staff members. This recommendation has been implemented. ➢ Recommendation: DPD should periodically recognize employees whose work has had a positive impact on the community or the department. One simple way to ensure that the entire department learns about such awards is for the chief of police to send an email to all DPD employees announcing the honors. This recommendation has been implemented. Additional Recommendations PERF is offering several other recommendations that will assist the DPD in improving its day-to- day operations. Several of these recommendations are intended to strengthen agency transparency and accountability to the community. ➢ Recommendation: DPD should place the department's policy manual, including its use- of-force policy, on the department's website. Police agencies have found that this practice demonstrates a commitment to transparency with the communities they serve. Examples of two major law enforcement agencies that have posted their policies online are the Seattle and Los Angeles Police Departments. • http://www.seattle.gov/police/publications/manual/default.htm • http://www.lapdonline.org/Igpd_manual/ ➢ Recommendation: DPD follows progressive policing practices for accepting complaints against agency personnel. However, the manner in which complaints are accepted is somewhat limited. Because the complaint process may not be intuitive for some people who are not familiar with how law enforcement agencies are structured, there should be a clearly identifiable link on the DPD's website that allows individuals to easily access information on DPD's Office of Professional Standards (OPS), information on the complaint process, the complaint form, and instructions for completing the form. Instructions for completing the form, and the form itself, should be available in English and Spanish. DPD also should accept commendations, as well as complaints against officers, through the agency's website. This recommendation has been implemented. ➢ Recommendation: If at all possible, DPD should move the Office of Professional Standards (OPS) to an off-site location. An off-site facility, such as a mixed-use office building or another city property, can be less intimidating than the regular police facility for complainants. Furthermore, for officers who visit OPS to be questioned by investigators, the use of an off-site location may protect officer privacy. 17 65 EXECUTIVE SUMMARY ➢ Recommendation: DPD should utilize an ombudsman or independent auditor(e.g., a retired judge or prosecutor) to conduct periodic, random reviews of its internal affairs investigations. The U.S. Department of Justice (DOJ)has routinely mandated the creation of an external oversight component in consent decrees and memoranda of agreement during the past 15 years. DOJ documents detailing these agreements serve as excellent resources for the considerations that are involved in establishing an oversight mechanism.11 ➢ Recommendation: It was mentioned several times during focus groups that special requests from municipal government officials are often disseminated through DPD without following the chain of command. DPD should implement a consistent process for handling the concerns of local politicians. When such requests come to the agency, the request should be reviewed by the Assistant Chief, then sent through the chain of command to the proper employee for action. Once the request is complete, the findings or action taken should go back up the chain of command to the Chief, so it then can be relayed back to the requestor. Agency leaders should maintain a record of these actions. It is important that these requests not skip the chain of command and go directly to officers, because that can cause confusion and misunderstanding among agency supervisors and commanders. This recommendation has been implemented. Requests are routed through the Chief of Police to the proper member of the department,with the chain of command involved. Moving Forward By commissioning this review and implementing the suggested reforms, DPD has signaled that it is committed to strengthening its policies, operations, and overall service that it provides to the community. PERF's review found that DPD is made up of many talented and dedicated people, and the recommendations provided in this report are intended to build upon this foundation and provide the agency with additional tools and suggestions for taking DPD to the next level of service and professionalism. " See U.S.Department of Justice Civil Rights Division,Special Litigation Section webpage,"Cases and Matters," Law Enforcement Agencies section.hgps://www.justice. ovg /crt/special-litigation-section-cases-and-mattersO#police 18 66 INTRODUCTION INTRODUCTION In May 2018, the City of Denton, Texas commissioned the Police Executive Research Forum (PERF)to conduct an organizational review of the Denton Police Department(DPD). PERF's review was broad in scope, covering DPD's policies and practices across a variety of areas, including internal leadership and communication, agency transparency and accountability, and use of force and the response to critical incidents. The purpose of this study was not to investigate any specific incident or police officer, but rather to review the department's operations overall. PERF's review included a thorough analysis of DPD's policies to determine whether they were aligned with progressive practices and national standards. In addition, PERF reviewed the department's organizational structure, fielded an organizational climate survey, and completed a train-the-trainer session on PERF's Integrating Communications, Assessment, and Tactics (ICAT) course, which is designed to increase officer safety and reduce the need for force in many types of incidents. This report presents PERF's findings and recommendations regarding DPD's policies, procedures, organization structure, and results from the organizational climate survey. About the Denton Police Department The DPD is a full-service police department that serves the City of Denton, Texas. Denton is located in north Texas and is part of the Dallas-Fort Worth metroplex. The city has a population of approximately 136,000.12 As of 2010, the racial and ethnic composition of Denton's residents was:13 • 59.9% White • 23.4% Hispanic or Latino14 • 10.1% Black or African-American • 3.9%Asian • 3.4% Two or More Races. At the time of PERF's review, DPD was comprised of approximately 200 sworn officers. The department is divided into an Operations Division and an Administration Division, each of which was led by an Assistant Chief.15 The Operations Division includes the Patrol,Neighborhood Services, and Criminal Investigations Sections. The Administration Division includes the Office of Professional Standards, Support, Accounting and Technology, and Communications Sections. 12 U.S. Census Bureau. "Quick Facts:Denton,Texas."Retrieved July 27,2018 https://www.census.eov/quickfacts/fact/table/dentoncitytexas/PST045217. 13 Ibid. 14 The U.S.Census Bureau notes that%ages add to more than 100 because"Hispanics may be of any race,so also are included in applicable race categories." 15 Due to restructuring following the recent resignation of the Chief of Police and the two Assistant Chiefs,these divisions are now led by two Deputy Chiefs. 19 67 INTRODUCTION The violent crime rate in Denton is relatively low, compared to cities of similar size. Most criminal activity involves property crimes, such as larceny and theft.16 Project Scope and Methodology PERF conducted a broad assessment of DPD's policies,practices, and organizational climate and structure. As part of this review, PERF was charged with completing the following tasks: • Identifying the DPD's core processes and functions. • Reviewing the DPD's organizational structure and management systems, including those related to internal communication, organizational efficiency, accountability mechanisms, and the processes for determining promotions and specialized assignments. • Reviewing the department's responses, review, and evaluation process for critical police incidents to ensure that accountability mechanisms are in place. • Conducting an organizational climate survey to understand employees' levels of satisfaction or dissatisfaction, and assessing perceptions about the workplace environment of the DPD. • Developing findings and recommendations, to be presented in a report to the City of Denton. PERF used the following methods to collect information regarding DPD's policies,practices, and organization climate: Policy review: PERF review DPD's organizational chart, as well as the following DPD policies: • DPD General Order 5.1 ("Use of Force") • DPD Special Order 5.2 ("Officer Involved Shootings") • DPD General Order 5.4 ("Less Lethal Devices and Weapons") • DPD General Order 4.2 ("Emergency Vehicle Operations and Pursuits") • DPD General Order 10.2 ("Office of Professional Standards and Administrative Investigations") • DPD General Order 12.1 ("Active Critical Incidents"). Interviews and on-site observations: The PERF team conducted a site visit to Denton in June 2016. PERF also conducted several focus groups with DPD personnel and Denton city officials, including: • The Denton City Manager, Deputy City Manager, Assistant City Manager, and Director of Public Affairs "United States Department of Justice.Federal Bureau of Investigation.(2017). "Table 6:TEXAS -Offenses Known to Law Enforcement by City,2016." Crime in the United States, 2016.htips://ucr.fbi.gov/crime-in-the- u.s/2016/crime-in-the-u.s.-2016/tables/table-6/table-6-state-cuts/texas.xls 20 68 INTRODUCTION • Denton City Council members • Denton Human Resources personnel • The Chief of Police • Assistant Chiefs of Police • Command Staff • Sergeants • Criminal Investigations Bureau investigators • Patrol officers • Traffic, Downtown, and School Resource Officers • Civilian personnel • Denton Police Officers Association(DPOA) leaders • Denton Municipal Police Association(DMPA) leaders. During the site visit, PERF also participated in ride-alongs with DPD patrol officers. Data collection and analysis: PERF conducted an organizational climate survey to elicit the views of DPD personnel on organizational commitments and job satisfaction, work environment, intra-agency communication, supervision, leadership, training and resources, and the process for hiring and determining opportunities for professional development and special assignments. This report presents the findings and observations that emerged from PERF's review and contains recommendations on how DPD can strengthen its policies and practices to improve its operations. The recommendations contained in this report are based on progressive policing practices. This report also provides information regarding the considerable progress that DPD has already made towards implementing PERF's recommendations. Throughout the course of this review, PERF's project team regularly discussed its ongoing findings and recommendations with DPD leaders. DPD began making changes to its policies and practices based on these discussions, and at the time of this report the department had already implemented the majority of PERF's recommendations. 21 69 SECTION I. DPD POLICIES AND PROCEDURES SECTION I. DPD POLICIES AND PROCEDURES PERF began this project by reviewing the Denton Police Department's (DPD)written rules, policies, and procedures that pertain to the use of force and critical incidents. Specifically, PERF reviewed DPD's use-of-force policy(DPD General Order 5.1), the officer-involved shootings policy(DPD Special Order 5.2), the less-lethal weapons policy(DPD General Order 5.4), the vehicle pursuit policy(DPD General Order 4.2), the policy for administrative investigations (DPD General Order 10.2), and the critical incidents policy(DPD General Order 12.1). The purpose of PERF's policy review was to determine whether DPD's use-of-force policies are aligned with progressive practices and national standards regarding use of force. PERF also examined whether DPD's policies are sufficient to give officers a clear understanding of the rules, expectations, and guidelines regarding use of force. This section presents recommendations for how DPD can strengthen its policies on use of force and other issues. DPD General Order 5.1 - Use of Force In reviewing DPD General Order 5.1, which governs use of force, PERF identified positive elements and areas that could be strengthened. PERF has spent several years studying police use of force from a national perspective,based on extensive research and a series of national and regional conferences. In these PERF meetings, many hundreds of police chiefs and other law enforcement officials, academics, federal officials, and other experts shared information and explored options for national best practices to minimize police use of force,particularly in situations in which police encounter persons in mental health crisis or persons with developmental disabilities or other conditions that can cause them to behave erratically or dangerously. Police chiefs from across the nation agreed that officers have few options for de-escalation when confronting criminal suspects armed with firearms,but officers often do have opportunities to "slow down" situations involving persons with a mental illness or other condition who may be armed with a knife, rocks, or other weapon,but not a firearm. The culmination of this work was the release in 2016 of PERF's 30 Guiding Principles on Use of Force,17 as a well as a comprehensive training guide focused on integrating communications, assessment, and tactics (ICAT).18 These materials also present a new tool to support decision- making in the field, including during critical incidents. This five-step tool, known as the Critical Decision-Making Model (CDM), is designed to help officers think critically about the various situations they encounter, and make decisions that are safer and more effective,based on a wider 17 Police Executive Research Forum(2016). Guiding Principles on Use of Force. http://www.policeforum.or /ag ssets/ ug idingprinciplesl.pdf. 18 Police Executive Research Forum(2016).ICAT: Integrating Communications,Assessment, and Tactics. http://www.policeforum.org/assets/icattrainingguide.pdf. 22 70 SECTION I. DPD POLICIES AND PROCEDURES array of options for responding and a more complete analysis of their goals in a particular situation, the nature of any threats, the risks of various responses, and the laws and policies governing their authority. PERF's review of DPD's use-of-force policies, practices, and training reflects this research, as well as the expertise PERF has gained through conducting dozens of reviews for other law enforcement agencies throughout the country that are similar to Denton. DPD General Order 5.1.1 (Policyl Current DPD Policy. DPD's current policy includes the following language: "It is the policy of this Department that officers and/or employees use only the amount of force that appears necessary to accomplish a lawful objective. The use of force must be objectively reasonable, and employ only that force which a reasonably prudent officer/agent would use under the same or similar circumstances. Policy Analysis. The language used in DPD's policy meets the legal requirements under the U.S. Supreme Court's landmark ruling in Graham v. Connor,19 which establishes a general standard of"objective reasonableness"regarding police use of force. Objective reasonableness represents the legal standard by which police use of force is judged by the courts. Many police departments have chosen to go beyond the bare requirements of Graham. For example, many police agencies have detailed policies and training on issues such as prohibitions against shooting at moving vehicles, rules on pursuits, guidelines on the use of Electronic Control Weapons, and other use-of-force issues that are not required by Graham. Many of PERF's 30 Guiding Principles on Use of Force consist of policies and practices that build upon the bedrock of Graham in order to achieve better outcomes, including the following: • Establishing the concept of the sanctity of human life as the basis of what police agencies do; • Requiring that police use of force meet a test of proportionaliLv; • Adopting de-escalation as formal agency policy; • Teaching officers how to use a Critical Decision-Making to assess critical incidents; • Establishing a"duty to intervene"to prevent officers from using excessive force; • Rendering first aid following a use of force; • Prohibiting use of lethal force against persons who pose a dangeronly to themselves; • Using "distance, cover, and time"to replace outdated concepts such as the "21-foot rule" and"drawing a line in the sand"; • Using effective communications to de-escalate incidents; • Implementing comprehensive training of officers to deal with persons with mental health issues; 19 Graham v. Connor,490 U.S.386(1989).hgp:Hcaselaw.findlaw.com/us-supreme-court/490/386.html. 23 71 SECTION I. DPD POLICIES AND PROCEDURES • Providing a prompt supervisory response to critical incidents to reduce the likelihood of unnecessary force; • Using scenario-based training to help officers improve their response to challenging situations; • Documenting use-of-force incidents and reviewing data and enforcement practices to ensure they are fair and non-discriminatory.20 DPD can strengthen its policy by adding language to General Order 5.1.1 that more clearly defines the basis for using force. This language should go beyond the minimum legal standard established in Graham, and reflect key concepts such as de-escalation and proportionality. These concepts should also be incorporated into all DPD's policies,practices, and training on use of force. More specifically, DPD's current policy does not include language regarding the sanctity of life, de-escalation, or the duty to intervene. Recommended Policy Changes. PERF recommends making the following changes to General Order 5.1.1: ➢ Recommendation: At the beginning of this section, DPD should add a sentence emphasizing the sanctity of human life. For example, the Baltimore Police Department's use-of-force policy states: "The policy of the Baltimore Police Department is to value and preserve human life in all situations."21 Status: This recommendation has been implemented. ➢ Recommendation: DPD should adopt de-escalation as formal agency policy, and language should be added to this section to reflect this approach. The policy should state that de-escalation is the preferred, tactically sound approach in many critical incidents. The policy should require officers to receive training on key de-escalation principles. Many agencies already provide crisis intervention training as a key element of de- escalation, but crisis intervention policies and training must be merged with a new focus on tactics that officers can use to de-escalate situations. De-escalation policy should also include discussion of proportionality, using distance and cover, tactical repositioning, "slowing down" situations that do not pose an immediate threat, calling for supervisory and other resources, and related concepts. o For example, the Seattle Police Department's policy states that"When safe under the totality of the circumstances and time and circumstances permit, officers shall use de-escalation tactics in order to reduce the need for force."22 20 Police Executive Research Forum(2016). Guiding Principles on Use of Force. hlW://www.policeforum.or /a� ssets/ u� idingprinciplesl.pdf. 2'Baltimore Police Department(2016)."Policy 1115(`Use of Force')". htWs://www.baltimorepolice.ora/sites/default/files/Policies/1115 Use Of Force.pdf 22 Seattle Police Department(2015). "Title 8—Use of Force(`Use of Force Core Principles')". http://www.seattle.goy/police-manual/title-8---use-of-force/8000---use-of-force-core-principles 24 72 SECTION I. DPD POLICIES AND PROCEDURES Status: This recommendation has been implemented. ➢ Recommendation: DPD should add a statement regarding the duty to intervene to this section of the use-of-force policy. This statement should include the following language: "Officers have a duty to intervene if they anticipate or observe the unreasonable, unnecessary, or disproportionate use of force." Status: This recommendation has been implemented. DPD Policy 5.1.2 (Definitions) Current DPD Policy. DPD's current policy includes the following five definitions: • Deadly Force: Any use of force that is reasonably likely to cause death. • Non-deadly Force: Any use of force other than that which is considered deadly force. This includes any physical effort used to control or restrain another or to overcome the resistance of another, i.e., physical strength or skill of one or more officers, use of oleoresin capsicum (OC spray), baton, TASER device, or other approved equipment. • Objectively Reasonable: This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the level of danger to the officer/agent or the community. • Reasonable Force: Force used by Department members that is reasonable and/or necessary in the performance of their duties and evaluated in light of the totality of facts and circumstances known to the member at the time force is used. • Normal Circumstances: Circumstances in which the officer has not been deprived of his/her ability to employ approved methods or weapons. Policy Analysis. Some of the terms defined in DPD's current policy are dated. For example, the term"non-deadly force" is misleading, because it does not account for the fact that weapons that were once called"non-deadly," such as Electronic Control Weapons,have resulted in death in many cases. Also, DPD's current policy does not include definitions for several key terms, such as proportionality and de-escalation. These terms reflect concepts that PERF recommends DPD incorporate into its policy, and they should be clearly defined at the outset. Recommended Policy Changes. PERF recommends making the following changes to 5.1.2 (Definitions): ➢ Recommendation: PERF recommends the use of the terms "lethal force" and"less- lethal force" in the "Definitions" section and throughout all of DPD's policies, rather than "deadly force" and"non-deadly force." DPD should carefully review all policies to ensure the consistent use of these terms. Status: This recommendation has been implemented. 25 73 SECTION I. DPD POLICIES AND PROCEDURES ➢ Recommendation: DPD should add a definition of"Proportionality" to this section. The definition should state that proportionality involves officers: (1) using only the level of force necessary to mitigate the threat and safely achieve lawful objectives; (2) considering, if appropriate, alternate force options that are less likely to result in injury but will allow officers to achieve lawful objectives; and(3) considering the appropriateness of officers' actions. The concept of proportionality does not mean that officers, at the moment they have determined that a particular use of force is necessary and appropriate to mitigate a threat, should delay their response in order to consider how their actions will be viewed by others. Rather, officers should begin considering what might be appropriate and proportional as they approach an incident, and they should keep this consideration in their minds as they are assessing the situation and deciding how to respond. Proportionality also considers the nature and severity of the underlying events.23 Status: This recommendation has been implemented. ➢ Recommendation: DPD should add a definition of"De-escalation" to this section. The definition should emphasize proportionality, the use of distance and cover, tactical repositioning, "slowing down" situations that do not pose an immediate threat, calling for supervisors and other resources, and similar actions and tactics.24 Status: This recommendation has been implemented. DPD Policy 5.1.3 (Use of Force/General Rules. Current DPD Policy. This section, in its entirety, reads as follows: "No officer or employee shall carry, or under normal circumstances, use any weapon, method, or instrumentality unless it is Department approved and not until he/she has been properly trained in its use of, except as provided in the next paragraph. `Training' shall include competence in the mechanical and physical aspects of its function and knowledge/understanding of any laws or applicable policy regarding its use. The Department realizes that in exigent, tense, uncertain, and/or rapidly evolving confrontations an officer may need to use techniques, weapons, and/or improvised weapons/techniques which are not a part of this Department's formal training curricula, and/or which may not be specifically addressed by this policy. Also, the officer may need to use a technique or weapon in a manner that does not parallel Department training. It is further recognized, that due to the unpredictable nature of a person's movements and/or actions under these circumstances, the officer's technique(s) and/or weapon(s) may unintentionally (on the part of the officer) impact a bodily area, or produce an outcome which does not parallel Department training. In evaluating the appropriateness of an officer's actions in these circumstances, the 23 See PERF, Guiding Principles on Use of Force,pp.38-40. http://www.policeforum.org/assets/ ug idingprinciplesi.pdf. 24 Ibid,pp. 54-65. 26 74 SECTION I. DPD POLICIES AND PROCEDURES Department will examine each instance on a case-by-case basis in light of the foregoing to determine whether or not the force used was reasonable, and thus, authorized by policy." Policy Analysis. Many agencies' use-of-force polices also include a discussion of proportionality and prohibitions against using force against those who are only a danger to themselves. The determination of whether force is reasonable should include a calculation of whether the officer's response was proportional to the threat being faced. The test for proportionality includes examining factors such as the nature and severity of the underlying threat, as well as whether the officer's actions will be viewed as appropriate given the totality of the circumstances.25 Additionally, some police agencies have faced situations in which an officer uses lethal force against individuals who posed a danger only to themselves, such as a person threatening suicide or experiencing a mental health crisis. Even though it may seem obvious that this not the appropriate course to take, agencies have found it helpful to include language in their policies that explicitly prohibits officers from using lethal force against individuals in these situations. Recommended Policy Changes. PERF recommends the following changes to 5.1.3 (Use of Force/General Rules): ➢ Recommendation: DPD should add language to this section stating that force used by officers should be proportional to the threat. In assessing whether a response is proportional to the threat being faced, officers should consider the following factors: o Whether the level of force is necessary to mitigate the threat and safely achieve a lawful objective; o Whether there is another, less injurious option available that will allow the officer to achieve the same objective as effectively and safely; and o Whether the officer's actions will be viewed as appropriate given the severity of the threat and the totality of the circumstances. Status: This recommendation has been implemented. ➢ Recommendation: DPD should add language to this section that prohibits the use of lethal force against individuals who pose a danger only to themselves and not to other members of the public or to officers. Officers should also be required to consider the use of many available less-lethal options in these situations. Officers should be prepared to exercise considerable discretion to wait as long as necessary so that the situation can be resolved peacefully.26 Status: This recommendation has been implemented. zs See PERF, Guiding Principles on Use of Force, pp. 38-40. 26 See PERF, Guiding Principles on Use of Force,p.48. 27 75 SECTION I. DPD POLICIES AND PROCEDURES DPD Policy 5.1.6 (Use of Force Restrictions) Current DPD Policy. This section of DPD's use-of-force policy includes language prohibiting the use of warning shots under any circumstances, and explains the department's approach to shooting at moving vehicles. The portion of this section regarding shooting a moving vehicle states: "Discharging a firearm from or at a moving vehicle is governed by the Use of Deadly Force (5.1.4) and should only be considered in cases whereby an officer reasonably believes that use of a firearm is immediately necessary to protect the officer or another from the risk of death or serious bodily injury." The Department recognizes that shooting at vehicles to disable or stop them is seldom effective and often poses unreasonable risks to the officer or others. Therefore, the Department discourages officers from intentionally placing themselves in vulnerable positions such as attempting to enter a moving vehicle, or standing in front of or behind a vehicle that is moving or may likely suddenly move in order to flee: "Thus, officers shall not discharge their firearms at a moving vehicle, unless the occupants are using deadly force against the officer or another person, by means other than the vehicle; and officers are therefore authorized to exercise the use of deadly force otherwise provided in this policy." Policy Analysis. Many police agencies have adopted strict prohibitions on shooting at or from a moving vehicle when the vehicle itself is the only"weapon"being used against officers. For example, agencies with this policy include the following: the New York City Police Department (which adopted it in 1972); the Boston Police Department; the Cincinnati Police Department; the Denver Police Department; the Philadelphia Police Department; and the Washington, DC Metropolitan Police Department.27 Some agencies have found that the number of police shootings was significantly reduced by enacting this type of absolute prohibition. However, PERF recognizes the recent trend of using motor vehicles as a weapon of mass destruction. This has been observed both internationally and within the United States.21 PERF understands that this type of threat may require an extraordinary response to stop the threat and protect life. If this event were to occur within the City of Denton, any use of force,particularly lethal force, must be evaluated based on the totality of the circumstances and the necessary, reasonable, and proportional use of force. Recommended Policy Changes. PERF recommends the following changes to this section: 27 Discussion and citations available in Guiding Principles on Use of Force,p.44-47. hlW://www.policeforum.or /ag ssets/ ug idingprinciplesl.pdf 28 In July 2016,a cargo truck was rammed into a crowd in Nice,France. This attack resulted in the deaths of 86 people and 458 people were injured. In the United States,a vehicle was used to attack a crowd in Charlottesville, VA in August 2017. One person was killed,and 19 others were injured. In October 2017,a vehicle was rammed through a crowded bike lane in New York City. Eight people were killed,and 12 were injured. 28 76 SECTION I. DPD POLICIES AND PROCEDURES ➢ Recommendation: DPD should remove the following current policy language "...and officers are therefore authorized to exercise the use of deadly force otherwise provided in this policy" and add the following language to the end of the first paragraph regarding shooting at vehicles: "The only exception is an apparent act of terrorism when the vehicle is being used as a weapon of mass destruction." Status: This recommendation has been implemented. DPD Policy 5.1.7 (Medical Treatment) Current DPD Policy. Section 5.1.7 specifies instructions for providing medical assistance to subjects involved in a force situation. It states, "In all use of force events resulting in injury, necessary medical treatment will be provided in the form of first aid or EMS response consistent with the type of injury or noticeable condition of the affected person." Policy Analysis. DPD's policy explicitly requires officers to render first aid to subjects, but does not clearly state that officers shall promptly request medical assistance as soon as it is safe and practical to do so. The policy also does not include instructions for officers if a subject's injuries are not obvious following a force situation, but the subject complains of injury. Recommended Policy Changes. PERF recommends making the following changes to Section 5.1.7 (Medical Treatment): ➢ Recommendation: DPD should add language to Section 5.1.7 stating that officers shall promptly request medical assistance as soon as it is safe and practical to do so following a force incident. Status: This recommendation has been implemented. ➢ Recommendation: DPD should include language that requires a medical evaluation of subjects who complain of injury, regardless of whether injuries are visible, following a use-of-force incident. Status: This recommendation has been implemented. DPD Policy 5.1.9 (Reporting and Review) Current DPD Policy. Section 5.1.9 states the following: "Personnel involved in use of force applications included, but not limited to: firearm discharges (other than those exceptions listed in General Order 5.2.1), other deadly or non-deadly force applications, and weaponless physical force measures, will record their actions and document any resulting injuries to any person, included any Department personnel, by completing all appropriate Department reports, i.e., offense, arrest, incident report, etc." The policy also instructs officers to photograph subjects' injuries or alleged injuries, damaged property, and injuries to Department personnel. This section goes on to state that officers need to 29 77 SECTION I. DPD POLICIES AND PROCEDURES complete the Department's "Taser Use"report if the device was deployed, and that the report must be reviewed by the officer's command hierarchy. Section 5.1.9 also states: "Techniques such as physical touching, gripping, holding, frisking, or handcuffing, may be documented within applicable police reports; however, such activities do not require completion of the "Use of Force" form unless injury occurs to any person." Finally, the policy requires the Office of Professional Standards (OPS) to present a written report to the Chief of Police on an annual basis. According to the policy, OPS is to coordinate with the Training Section to analyze all reported use-of-force applications to identify trends, discipline issues, training needs, weapon/equipment concerns, officer safety issues, and/or potential policy modifications. Policy Analysis. DPD policy does not require supervisors to respond to critical incidents where force may be necessary. Many police agencies have found that dispatching a supervisor to the scene of a critical incident can reduce the likelihood that lethal forced will be used. There is often a short period of time between when an officer is dispatched to a scene and when force is used, so supervisory response should be prompt. Some police agencies have trained their dispatchers to go on the radio and specifically ask patrol supervisors if they are en route to certain high-risk calls. At PERF's 2016 meeting on use of force, former San Diego Police Chief William Lansdowne noted that there is typically about a 15-minute window of time from when a call comes in regarding a critical incident, and when first shots are fired. "If you have a system set up within your organization that gets a supervisor to the scene early on, within the 15-minute window, your chance of having an officer-involved shooting—getting someone hurt, your officer or the person —is reduced by about 80%because they can manage the situation as a team," Chief Lansdowne said.29 Additionally, PERF's Guiding Principles on Use of Force recommend that police agencies document"all uses of force that involve a hand or leg technique; the use of a deadly weapon, less-lethal weapon, or weapon of opportunity; or any instance where injury is observed or alleged by the subject. In addition, agencies should capture and review reports on the pointing of a firearm or an Electronic Control Weapon at an individual as a threat of force."30 The reason for requiring reporting in these circumstances is to help agencies identify areas for improvement with respect to policies and training, and to promote accountability and transparency within the agency. PERF agrees with the requirements for the annual use-of-force report. In addition, DPD should publish the annual use-of-force report on the department's website to promote transparency. According to the Final Report of the President's Task Force on 21" Century Policing, "law enforcement agencies should establish a culture of transparency and accountability in order to build public trust and legitimacy."31 "PERF, Guiding Principles on Use of Force,p. 63. 31 PERF, Guiding Principles on Use of Force,pp.48-49. "Final Report of the President's Task Force on 21 s`Century Policing. 2015.Washington,DC: Office of Community Oriented Policing Services. https://ric-zai-inc.com/Publications/cops-p3l 1-pub.pdf 30 78 SECTION I. DPD POLICIES AND PROCEDURES Finally, law enforcement agencies have moved toward instituting use-of-force review boards to identify policy, training, or equipment issues following officer-involved shootings. A use-of- force board allows an agency to quickly identify issues and take immediate action if necessary. DPD should consider creating a board to review all serious use-of-force incidents. Recommended Policy Changes. PERF recommends making the following changes to Section 5.1.9 (Reporting and Review): ➢ Recommendation: DPD should add a requirement that supervisors immediately respond to any scene where a weapon is reported(including a firearm, edged weapon, rocks, or other improvised weapons); where a person experiencing a mental health crisis is reported; or where a dispatcher or other member of the department believes there is potential for significant use of force. Status: This recommendation has been implemented in practice, and will be added to policy in the near future. ➢ Recommendation: DPD should add the following statement: "Officers will document all uses of force that involve a hand or leg technique; the use of a lethal weapon, less- lethal weapon, or weapon of opportunity; or any instance where injury is observed or alleged by the subject that is the result of an officer's use of force. The pointing of a firearm or an Electronic Control Weapon at an individual as a threat of force should be documented in incident reports." Status: This recommendation has been implemented in practice, and will be added to policy in the near future. ➢ Recommendation: DPD should eliminate its "Taser Use"report. In order to make reporting uses of force as simple as possible, one form should be used for reporting all use-of-force incidents. Status: This recommendation has been implemented. ➢ Recommendation: DPD should publish its annual use-of-force report on the department's website. The report should inform the public about how data on use-of- force incidents are captured, the number of incidents that occurred, and whether the incidents were within policy. This report should be used to analyze use-of-force trends, opportunities for improvements, and demonstrate transparency. Many police departments publish annual use-of-force reports on their departmental websites. One example is the Seattle, WA Police Department.32 Status: This recommendation is in the process of implementation. 32 Seattle Police Department. (2017). Use of Force Annual Report. https://www.seattle.gov/Documents/Departments/Police/Publications/Use%20of%2OForce%2OAnnual%2OReport% 20%20Final.pdf 31 79 SECTION I. DPD POLICIES AND PROCEDURES ➢ Recommendation: PERF recommends formalizing the review of officer-involved shootings, in-custody deaths, hospitalization of prisoners, and serious use-of-force incidents (including use of Electronic Control Weapons, batons, and OC spray) by establishing a performance review board. ➢ The formal review of these incidents, conducted as a matter of course, will provide valuable opportunities to identify lessons that can be incorporated into officer training, gaps in tactics, any need for additional equipment to be provided to officers, or any need for changes in policy. Incidents that were captured by body-worn cameras can be especially useful for identifying ways to improve officers' tactics and tools while providing accountability. The review board, consisting at a minimum of the assistant chief of operations, a lieutenant or sergeant from training, and a representative from professional standards, should convene quarterly to review each serious use-of-force incident. The board should review any use of force that resulted in a death or injury or involved the use of a lethal or less-lethal tool. The review board should serve to ensure that tactics, equipment, and policy are reviewed, and areas of concern are addressed. In addition, the review board should meet within 24 to 48 hours following an officer- involved shooting or in-custody death. The review board should be briefed by investigators regarding the facts of the case known at that time to ensure that no immediate changes to policy, training, or equipment are necessary. The review board should present all findings and recommendations to the chief of police. Status: This recommendation is in the process of implementation. DPD General Order 5.2 — Officer Involved Shootings Upon reviewing this policy, PERF found that much of the content also applies to the handling of in-custody deaths, in addition to officer-involved shootings. Based upon this finding, PERF recommends DPD make the following change to this policy: ➢ Recommendation: DPD should change the title of General Order 5.2 from"Officer Involved Shootings"to "Officer Involved Shootings and In-Custody Deaths." Status: This recommendation has been implemented. DPD Policy 5.2.2 (Reporting Discharge of Weapons) Current DPD Policy. Section 5.2.2 includes language requiring officers to use the department's use-of-force form to report all weapon discharges except those occurring during training exercises, qualification courses or practice sessions, or incidents in which a firearm was used to destroy a critically injured or vicious animal. 32 80 SECTION I. DPD POLICIES AND PROCEDURES Policy Analysis. PERF believes that DPD's treatment of all officer-involved shootings as serious in nature, regardless of whether the bullet or other projectile struck someone (contact shooting) or did not (non-contact shooting), is a progressive policing practice. It is the officer's intent to shoot that should be documented, regardless of the officer's marksmanship in a particular situation. Therefore, it is a good practice for the agency to document and review the use of lethal force, whether or not injury or death occurred. Recommended Policy Changes. None. DPD should continue to enforce this policy. DPD Policy 5.2.3 (Investigation of Officer-Involved Shootings) Current DPD Policy. As this section is presently titled, it only seems to cover the investigatory process for non-fatal and fatal officer-involved shootings. Policy Analysis. PERF believes the section regarding the investigation of fatal officer-involved shootings should also be used to investigate all in-custody deaths. Recommended Policy Changes. PERF recommends the following changes to this section: ➢ Recommendation: DPD should change the title of this section to "Investigation of Officer-Involved Shootings and In-Custody Deaths." The same reporting and investigation procedure should be followed for fatal officer-involved shootings and in- custody deaths. Status: This recommendation has been implemented. No Death or Injury Current DPD Policy. The first part of this section provides the department's policy on investigating officer-involved shootings that did not result in a subject's injury or death(i.e., a non-contact shooting). This section includes the following language: "In situations where an officer uses deadly force that does not result in death or injury, a written report will be prepared and submitted to the officer's immediate supervisor. The supervisor will investigate the incident to determine compliance with this and any other applicable policy. When necessary, the supervisor may call out an investigator to assist in the investigation. The supervisor will prepare an investigative report and forward it, via the chain of command, to the Chief of Police." Policy Analysis. As previously stated in the "Reporting Discharge of Weapons" section, it is considered a progressive policing practice for all officer-involved shootings to be treated as serious in nature. Because it is the officer's intent that matters and not his or her marksmanship, DPD is taking the steps necessary to investigate non-contact shootings to ensure the officer's actions were permitted by department policy. 33 81 SECTION I. DPD POLICIES AND PROCEDURES Recommended Policy Changes. None. DPD should continue to enforce this policy. Death or Injury Current DPD Policy. The remaining portion of this section details the actions to be taken if the discharge of an officer's firearm results in the injury or death of a subject. The policy requires that the on-duty field supervisor be notified immediately. In addition to preserving the scene, the field supervisor must contact the Criminal Investigations Division Lieutenant, the Field Operations Lieutenant, the on-call Public Information Officer, on-call Investigator, and the Peer Support Team. The Criminal Investigations Division Lieutenant is responsible for requesting the Texas Ranger assigned to the Denton area, Forensics Officer, and the Criminal Investigations Division Deputy Chief each respond to the scene. The Field Operations Lieutenant has the responsibility of notifying the Deputy Chief of the involved officer, the Chief of Police, and the Office of Professional Standards (OPS). While the Texas Rangers are responsible for conducting the criminal investigation, DPD's OPS conducts an internal investigation to determine if the officer's actions were within policy. Policy Analysis. Many agencies have moved toward instituting use-of-force review boards to identify policy, training, or equipment issues following officer-involved shootings. A use-of- force board allows an agency to quickly identify issues and take immediate action if necessary. Recommended Policy Changes. PERF recommends making the following changes to Section 5.2.3 (Investigation of Officer-Involved Shootings): ➢ Recommendation: All officer-involved shootings or in-custody deaths should be examined by the use-of-force review board within 24 to 48 hours following the incident. The review board should be briefed by investigators regarding the facts of the case known at that time to determine whether any immediate changes to policy, training, or equipment are necessary. Status: This recommendation has been implemented. DPD Policy 5.2.4 (Post-Shooting Procedure) Current Policy. This section includes the procedure that is to be followed for officers involved in a shooting incident. The language used in this policy addresses the actions that are to occur immediately following the shooting, leave or special assignment requirements, mandatory counseling requirements, and guidance to officers on the extent to which they are to cooperate with the Texas Rangers and the Office of Professional Standards. Policy Analysis. PERF agrees with the mandatory requirement for officers to attend counseling prior to returning to regular duty following an officer-involved shooting. In addition, because the psychological impact may not be felt immediately following a shooting incident, it is recommended that a follow-up counseling appointment occur approximately six months after officers return to normal duty to ensure their well-being. 34 82 SECTION I. DPD POLICIES AND PROCEDURES Recommended Policy Changes. PERF recommends that DPD make the following changes to Section 5.2.4: ➢ Recommendation: DPD should continue the practice of requiring all officers involved in an officer-involved shooting or in-custody death to schedule a session with the department-approved psychologist prior to returning to work. In addition, the department should initiate the practice of a mandatory follow-up appointment with the department- approved psychologist, approximately six months after the original visit, to ensure that the mental health and well-being of the officer are being addressed. Status: This recommendation has been implemented. DPD General Order 5.4 — Less Lethal Devices and Weapons PERF believes DPD would be better served if General Order 5.4 ("Less-Lethal Devices and Weapons")was combined with DPD general use-of-force policy(General Order 5.1), specifically in Section 5.1.5 (Use of Less Lethal Force). If DPD combines these policies, then the department should include definitions listed in General Order 5.4 that are not already in General Order 5.1 and should delete Sections 5.4 (Purpose) and 5.4.1 (Policy). If DPD chooses to maintain separate policies, then the department should implement PERF's recommendations listed below for Sections 5.4.1 (Policy) and 5.4.2 (Definitions). DPD Policy 5.4.1 (Policy] Current nPn Policy. DPD's current policy contains the following language: "It is the Department's policy to ensure that members are properly trained in the use of less lethal tools and the circumstances of their use. Supervisors shall rigorously enforce Departmental weapons standards. Employees shall neither carry nor use any less lethal weapons unless they have received training and have qualified. Uniformed officers shall carry at least one less lethal weapon system when on-duty or when working an extra-duty assignment." Policy Analysis. Section 5.4.1 does not include language regarding the sanctity of life, objective reasonableness, proportionality, and de-escalation. As previously stated [see "DPD General Order 5.1.1 (Policy)" section above], policy language about the sanctity of life is a progressive policing practice. In addition, the policy does not clearly define the basis for using force. DPD can strengthen this section by including language that meets the legal standard established in Graham v. Connor33 and also goes beyond the minimum legal standard established in Graham. s3 Graham v. Connor,490 U.S.386(1989).hgp:Hcaselaw.findlaw.com/us-supreme-court/490/386.html. 35 83 SECTION I. DPD POLICIES AND PROCEDURES Recommended Policy Changes. PERF recommends making the following changes to Section 5.4.1 (Policy): ➢ Recommendation: DPD should add language regarding the sanctity of life to this policy to demonstrate that it is fully committed to progressive policing practices. Status: This recommendation has been implemented. ➢ Recommendation: DPD should include language about objective reasonableness to this policy. The language should state that officers are to only use the amount of force that appears necessary to accomplish a lawful objective, that uses of force must be objectively reasonable, and that officers will use only the force that a reasonable officer would use under the same or similar circumstances. Status: This recommendation has been implemented. ➢ Recommendation: DPD should add language to this section stating that force used by officers should be proportional to the threat. In assessing whether a response is proportional to the threat being faced, officers should consider the following factors: o Whether the level of force is necessary to mitigate the threat and safely achieve a lawful objective; o Whether there is another, less injurious option available that will allow the officer to achieve the same objective as effectively and safely; and o Whether the officer's actions are appropriate given the severity of the threat and the totality of the circumstances. Status: This recommendation has been implemented. ➢ Recommendation: DPD should add language regarding the use of de-escalation tactics to this policy. The language should state that de-escalation is the preferred, tactically sound approach in many critical situations, and officers should use de-escalation tactics when it is safe and time permits. Status: This recommendation has been implemented. DPD Policy 5.4.2 (Definitions) Current DPD Policy. DPD's current policy includes the following nine definitions: • "Active Aggression: A physical act threatening assault or a verbal statement threatening assault, coupled with the immediate ability to carry out the threat or assault that would cause a reasonable person to believe bodily injury is imminent to any person. • Defensive Resistance: Physical actions that attempt to prevent the officer's control, but make no direct to harm the Officer. At this level of resistance the subject attempts to push or pull away in a manner that does not allow the 36 84 SECTION I. DPD POLICIES AND PROCEDURES officer to establish control. This would include muscle tensing that prevents the officer from safely controlling the subject. However, the subject never attempts to strike the officer. • Kinetic Energy Impact Projectiles: Flexible or non-flexible projectiles, which are intended to gain compliance or incapacitate a subject through pain compliance, with a reduced potential for causing death or serious injury when properly used, as compared to conventional weapons or projectiles. • Less-lethal Force: An amount of force that is not likely to cause death or serious bodily injury. • Less-lethal Weapons: Weapons designed to, under ideal circumstances, incapacitate, or gain compliance from a subject to affect a safer transition of the subject into custody. • Objectively Reasonable: In determining the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of the threat or resistance presented by the subject, and the level of threat to the community. The appropriate level of force would be that level of force that any reasonable and prudent officer would employ under similar circumstances. • Oleoresin Capsicum (OC): A liquid or foam spray containing oleoresin capsicum in sufficient concentration to produce a short period of pain, gagging, and impairment of vision. • Passive Resistance: A person's refusal to comply with a lawful order from an officer or jailer that does not include any physical act, verbal statement, or pre- fight behavioral indicators that would cause the officer or jailer to believe that there is an imminent risk of bodily injury to any person. • Warning: Verbally informing the subject and other officers that a less-lethal device or weapon is about to be deployed." Policy Analysis. The definition of"objectively reasonable" in Section 5.4.2 is not consistent with the definition of the same term that is found in General Order 5.1 ("Use of Force"). Also, DPD's policy does not include the definition of key terms, such as proportionality and de-escalation. Recommended Policy Changes. PERF recommends the following changes to 5.4.2 (Definitions): ➢ Recommendation: DPD should change the definition of"Objectively Reasonable" currently used in Section 5.4.2 to match the definition for the term that is found in General Order 5.1. The definition should read: "This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight." Status: This recommendation has been implemented. ➢ Recommendation: DPD should add a definition of"Proportionality" to this section. The definition should state that proportionality involves officers: (1) using only the level of force necessary to mitigate the threat and safely achieve lawful objectives; (2) 37 85 SECTION I. DPD POLICIES AND PROCEDURES considering, if appropriate, alternate force options that are less likely to result in injury but will allow officers to achieve lawful objectives; and(3) considering the appropriateness of officers' actions. The concept of proportionality does not mean that officers, at the moment they have determined that a particular use of force is necessary and appropriate to mitigate a threat, should delay their response in order to consider how their actions will be viewed by others. Rather, officers should begin considering what might be appropriate and proportional as they approach an incident, and they should keep this consideration in their minds as they are assessing the situation and deciding how to respond. Proportionality also considers the nature and severity of the underlying events.34 Status: This recommendation has been implemented. ➢ Recommendation: DPD should add a definition of"De-escalation"to this section. The definition should emphasize proportionality; the use of distance, cover, and tactical repositioning to "slow down" situations that do not pose an immediate threat; calling for supervisors and other resources; and similar actions and tactics." Status: This recommendation has been implemented. DPD Policy 5.4.3 (Certification Requirements. Current DPD Policy. Section 5.4.3 includes the department's policy on certification requirements for less-lethal weapons. According to the policy, DPD officers are not permitted to carry weapons unless they receive the appropriate training and certification. The policy also stipulates that certification courses must include competence in the mechanical and physical aspects of the weapon, and knowledge of law and policies governing the use of the weapon. The policy further states: "In order to maintain certification as a trained user of a specific weapon system, the certified member must successfully...re-certify at least once every two years with the specific weapon system(s)that he employee carries." Policy Analysis. The language in this policy regarding how often officers must recertify as a trained user of a specific weapon system is too generic and does not differentiate recertification requirements for the various types of less-lethal weapons issued by the department. While some less-lethal weapons may only require officers to be recertified once every two years, that is not the case for all less-lethal weapons. According to the report, 2011 Electronic Control Weapon Guidelines, recertification for Electronic Control Weapons (ECWs) "should occur at least annually and should consist of physical competency and weapon retention, agency policy including any changes, technology changes, and reviews of local and national trends in ECW use. Recertification should also include scenario-based training."36 "See PERF, Guiding Principles on Use of Force,pp. 38-40. hlW://www.policeforum.or /a� ssets/auidingprinciplesl.pdf. ss Ibid,pp.54-65. s6 Police Executive Research Forum and COPS Office(2011). 2011 Electronic Control Weapons Guidelines. http://www.policeforum.or,g/assets/docs/Free_Online_Documents/Use_of Force/electronic%20control%20weapon %20,guidelines%202011.pdf. 38 86 SECTION I. DPD POLICIES AND PROCEDURES Recommended Policy Changes. PERF recommends making the following changes to Section 5.4.3 (Certification Requirements): ➢ Recommendation: DPD should require that recertification for Electronic Control Weapons (ECWs) occur on an annual basis, and language should be added to this policy to reflect that change. Status: This recommendation has been implemented. DPD Policy 5.4.5 (TasersJ Section 5.4.5 governs the use of Tasers (hereinafter referred to as Electronic Control Weapons, or ECWs, as recommended below, except when citing directly to DPD policy language). PERF's review identified several opportunities for strengthening DPD's ECW policy. The recommendations included in this section are largely based on the report 2011 Electronic Control Weapon Guidelines, which was released by PERF and the Department of Justice's Office of Community Oriented Policing Services (COPS Office) in 201 L" That publication provides a set of guidelines for ECWs that address policies, training,use, medical considerations, reporting and accountability, and public information and community relations. The PERF/COPS Office guidelines were based on PERF's research, which included input from 150 police executives, researchers, doctors, attorneys, and other experts to participated in a 2010 PERF conference that explored key policy issues. (Significantly, the PERF/COPS Office ECW guidelines were cited in a 2016 decision by the U.S. Court of Appeals for the Fourth Circuit, which held that"[i]mmediately tasing a non-criminal, mentally ill individual, who seconds before had been conversational, was not objectively reasonable."38 In response to the Pinehurst decision, several agencies in jurisdictions within the Fourth Circuit amended their use-of-force and ECW policies to reflect the ruling and the PERF/COPS Office guidelines. For example, the Hendersonville,NC Police Department changed its policy to restrict the use of ECWs to individuals who only pose an immediate threat to an officer.39 The Baltimore City Police Department moved the ECW closer to lethal force and updated its policy to only allow the use of ECWs against an individual displaying aggravated or aggressive resistance.40) PERF's review found that DPD's ECW policies are largely aligned with the progressive practices outlined in the 2011 guidelines. The recommendations below are intended to address the few areas of DPD's ECW policy that could be strengthened. 37 Ibid. 38 Armstrong v. the Village of Pinehurst,No. 15-1191. January 11,2016.Page 21. htW://www.ca4.uscourts.izov/Opinions/Published/1 5119 I.P.pdf 39 Margulis,Abigail(2016). Law Enforcement Advised to Change Taser Policies. January 23. htW://www.blueridgenow.com/news/20160123/law-enforcement-advised-to-change-taser-policies "Donovan,Doug and Mark Puente(2016). Police Officers Could Be Sued Over Unconstitutional Taser Use, Courts Find. March 26. http://www.baltimoresun.com/news/maryland/investigations/bs-md-taser-project-legal- 20160326-sto .ram 39 87 SECTION I. DPD POLICIES AND PROCEDURES ECW Terminology Current DPD Policy. Throughout this policy, DPD refers to an ECW by the brand name, TASER. Policy Analysis. The PERF/COPS Office guidelines recommend not using the brand name of the device or referring to the devices as a"Conducted Energy Device." Instead, it is recommended that the term"Electronic Control Weapon"be used. This reflects "the reality that these tools are less-lethal weapons that are meant to help control persons who are actively resisting authority or acting aggressively."41 Recommended Policy Changes. PERF recommends the following changes: ➢ Recommendation: DPD should revise its policy to replace all references to "TASER" with the more descriptive and appropriate term, "Electronic Control Weapon (ECW)." This change will help clarify that ECW's are in fact weapons that carry a risk of harming persons, including fatal injuries in some cases. The change should be made through all DPD policies and in all other orders, directives, and training curricula which reference such devices. Status: This recommendation has been implemented. Limitation on ECW Deployment Current DPD Policy. In Section 5.4.5, officers are warned of the risk and advised not to use ECWs in the following situations: "In close proximity to flammable liquids, gases,blasting materials or any other highly combustible materials including, but not limited to, any subject who may be contaminated with combustible liquids; Persons in wheelchairs or with obvious physical disabilities; Women known to be pregnant; People with heart problems, biomedical devices, or other debilitating illnesses know to the officer; An individual is handcuffed or otherwise restrained; Elderly persons (persons known to be older than 65), children (persons known to be younger than 14); In elevated locations where a fall may cause injury(this excludes a fall from a mere standing position); and Persons actively running." The policy strictly forbids officers from displaying or deploying an ECW in the following instances: "With the sole intent of coercing or intimidating an individual; To escort individuals; To move or control a crowd of people; Against a person merely engaged in passive resistance; or In an elevated location where a fall may cause substantial injury(this excludes a fall from a mere standing position) or when the death of an individual is a reasonable outcome." Policy Analysis. DPD's current policy does not included language instructing officers to avoid targeting sensitive areas of a subject's body with an ECW or a prohibition against deploying an "Police Executive Research Forum and COPS Office(2011). 2011 Electronic Control Weapons Guidelines. http://www.policeforum.ora/assets/docs/Free_Online_Documents/Use_of Force/electronic%20control%20weapon %20,guidelines%202011.pdf. 40 88 SECTION I. DPD POLICIES AND PROCEDURES ECW against a person operating any type of vehicle in motion. It is recommended in the PERF/COPS Office 2011 guidelines that agencies include these restrictions in their ECW policies.aa Recommendation Policy Changes. PERF recommends the following changes to Section 5.4.5: ➢ Recommendation: DPD should add language instructing officers not to purposefully target sensitive areas of the subject's body: "Personnel should not intentionally target sensitive areas (e.g., head, neck, genitalia) when deploying an ECW." Status: This recommendation has been implemented. az Ibid. 41 89 SECTION I. DPD POLICIES AND PROCEDURES ➢ Recommendation: DPD should add language to Section 5.4.5 prohibiting the deployment of an ECW on a person in physical control of a vehicle in motion (e.g., automobiles, trucks, motorcycles, ATVs, bicycles, scooters). Status: This recommendation has been implemented. ECW Activations/Cycles Current DPD Policy. DPD's policy on the number of ECW cycles states the following: "When deploying a TASER, officers should normally activate the device for one standard cycle or less and evaluate the situation. Officers will utilize the minimum number of activations of the TASER necessary to control the situation or stop the treat. Officers must articulate independent justification for each TASER activation. Officers should limit a subject to no more than three (3) exposures under ideal circumstances. Cases involving more than one (1) cycle will be reviewed individually." Policy Analysis. While DPD's policy includes the total number of exposures that can be applied and instructs officer to evaluate the situation after the initial ECW activation, the policy does not include language specifically stating how long each exposure should last, or any limitations on the total length of time a subject can be exposed to an ECW cycle. It is recommended in the 2011 PERF/COPS Office ECW guidelines that subject not be exposed to ECW deployments for longer than 15 seconds.43 Recommended Policy Changes. PERF recommends the following policy change: ➢ Recommendation: DPD should revise this policy to state: "Personnel should use an ECW for one standard cycle (five seconds) and then evaluate the situation to determine if subsequent cycles are necessary. Personnel should consider that exposure to the ECW for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury. Any subsequent application should be independently justifiable, and the risk should be weighed against other force options." Status: This recommendation has been implemented. Drive Stun Mode Current DPD Policy. Section 5.4.5 includes the following language: "The TASER can function as a pain compliance weapon in drive stun mode. Officers may choose to deliver a drive stun in lieu of hard strikes on a subject displaying defensive resistance. Instances where this might be appropriate include by are not limited to: A drive stun in lieu of a knee strike to load a prison[er] in a squad car; A drive stun in lieu of a strike to get a subject to 43 Ibid. 42 90 SECTION I. DPD POLICIES AND PROCEDURES release their hold on something/someone; or A drive stun in lieu of a strike to move a suspect into cuffing position. If a hard strike would be considered inappropriate, the drive stun would be inappropriate. For example, a hard strike would be inappropriate against a person engaged in passive resistance. Therefore, a drive stun would be inappropriate in that circumstance." Policy Analysis. The 2011 PERF/COPS Office ECW guidelines recommend that law enforcement agencies discourage the use of the drive stun mode as a pain compliance technique. It is further recommended that"the drive stun mode only be used to supplement the probe mode to complete the incapacitation circuit, or as a countermeasure to gain separation between officers and the subject so that officers can consider another force option."44 Recommended Policy Changes. PERF recommends the following changes to Section 5.4.5: ➢ Recommendation: In policy and training, DPD should discourage officers from using the drive stun mode as a pain compliance technique. The policy should state that the drive stun mode should only be used to complete the incapacitation circuit in order to supplement the probe mode, or to create separation between an officer and a subject. Status: This recommendation has been implemented and will be emphasized in follow-up training. DPD Policy 5.4.7 (Police Canine Deployment. Current DPD Policy. This section of DPD's policy governs permitted and prohibited uses of the police canine as a less-lethal weapon. This policy allows for the canine to be used in certain crowd control situations. The policy reads: "Police canines may only be used in crowd control situations during a riot or other civil disturbances that cannot be safely controlled by other means with the approval of the on-duty sergeant or higher rank." Policy Analysis. Because of the liability and risk associated with using police canines for crowd control, many police departments strictly prohibit the use of police canine in crowd control situations during a riot or other civil disturbances. Police departments that continue to allow canine for crowd control (e.g., Las Vegas Metropolitan Police Department) stipulate that authorization for such usage must come from the position of lieutenant or higher.45 Recommended Policy Changes. PERF recommends the following changes to Section 5.4.7: )0- Recommendation: If DPD continues to allow police canines to be used to control crowds during a riot or other civil disturbances, then the authorization to allow police a4 Ibid. as Las Vegas Metropolitan Police Department(2017)."6/002.02—IX."Use of Canine".htips://www.lvmpd.com/en- us/InternalOversightConstitutionalPolicing/Documents/Use-of-Force-Policy-2017.pdf 43 91 SECTION I. DPD POLICIES AND PROCEDURES canines to be used in those situations should come from the position of lieutenant or higher. DPD Policy 5.4.10 (Medical Treatment and Decontamination) Current DPD Policy. This section of DPD's policy details first aid, medical attention, and decontamination requirements after the use of less-lethal munitions, OC spray, and an ECW deployment. The guidelines for medical treatment following an ECW deployment includes the following language: "Under normal circumstances, when a TASER is used, officers will remove the probes from subjects that were exposed to a TASER deployment. The cartridge and probes will be stored until they can be disposed of by the officer in a biohazard sharps container. Denton FD will not be called to remove probes from individuals except under the following circumstances: Probes lodged in breast tissue of a female; Probes lodged in genitalia; Probes lodged in a person's face, throat, or neck; Probes the officer suspects may be lodged in bone; or Probes the officer was unable to remove." Policy Analysis. It is recommended in the PERF/COPS Office 2011 ECW guidelines that any exposure to an ECW be followed by a medical evaluation because the electrical charge transmitted by the device can potentially result in a subject experiencing cardiac problems.46 Recommended Policy Changes. PERF recommends DPD make the following changes to Section 5.4.10: ➢ Recommendation: DPD should add the following language to this policy: "All subjects who have been exposed to ECW application must receive a medical evaluation by emergency medical responders in the field or at a medical facility. Any subject who has been exposed to prolonged application(i.e., more than 15 seconds) should be transported to an emergency department for evaluation. Medical personnel conducting the evaluation should be made aware that the subject has experienced ECW activation, so they can better evaluate the need for further medical treatment." Status: This recommendation has been implemented. Current DPD Policy. DPD's policy does not included any language regarding medical attention for subjects who experienced a canine bite. "Police Executive Research Forum and COPS Office(2011). 2011 Electronic Control Weapons Guidelines. http://www.policeforum.or,g/assets/docs/Free_Online_Documents/Use_of Force/electronic%20control%20weapon %20,guidelines%202011.pdf. 44 92 SECTION I. DPD POLICIES AND PROCEDURES Policy Analysis. Dog bites can become infected and may spread harmful diseases to those who experience a bite.47 DPD should take every precaution to ensure that individuals who experience a bite by a police canine receive treatment in order to prevent disease and infection. Recommended Policy Change. PERF recommends the following changes to Section 5.4.10: ➢ Recommendation: DPD should include the following statement to the canine guidelines: "Any individual who experiences a bite by a police canine will be taken to a hospital for medical evaluation and treatment." DPD Policy 5.4.11 (Reporting the Use of Less Lethal Force Current DPD Policy. This section establishes reporting requirements for officers following the use of less-lethal force. Under this policy, officers must immediately notify an on-duty supervisor when they have displayed or deployed less-lethal force. This policy instructs officers to complete the department's use-of-force reporting form and describes the information that should be included in the report. Supervisor responsibilities are also detailed in the policy, including a statement advising supervisors to conform to the responsibilities described in the department's general use-of-force policy(General Order 5.1 "Use of Force"). Policy Analysis. The language used in this policy does not state the specific types of less-lethal force that should be documented. Also, it should be clear in this policy that supervisors are to immediately respond to the scene to investigate, if possible. This language is included in the supervisor response requirements in Special Order 5.4 ("Officer Involved Shootings"), but it should be added it to Section 5.4.11 to clearly articulate that the department expects supervisors to respond to the scene of any use-of-force incident to begin an investigation. Recommended Policy Changes. PERF recommends the following changes to Section 5.4.11: ➢ Recommendation: DPD should add the following language to Section 5.4.11: "Officers will document all uses of force that involve a hand or leg technique; the use of a deadly weapon, less-lethal weapon, or weapon of opportunity; or any instance where injury is observed or alleged by the subject that is the result of an officer's use of force. The pointing of a firearm or an Electronic Control Weapon at an individual as a threat of force should be documented in incident reports." Status: Relevant language has been added to this section. ➢ Recommendation: DPD should add language to this policy that, except in the case of mitigating circumstances, supervisors should immediately respond to the scene of incidents where an officer has used any less-lethal force and initiate an investigation. 47 Centers for Disease Control and Prevention(2015). "Preventing Dog Bites."hqps://www.cdc.gov/features/dog- bite-prevention/index.html 45 93 SECTION I. DPD POLICIES AND PROCEDURES Status: This recommendation has been implemented. DPD General Order 4.2 - Emergency Vehicle Operations and Pursuits DPD Policy 4.2.13 (Prohibited Actions During a Pursuit) Current DPD Policy. Section 4.2.13 includes a list of actions that officers are prohibited from taking during a vehicle pursuit. The policy prohibits "discharging firearms at a moving vehicle unless an occupant of the vehicle is using or attempting to use deadly force on an officer or other persons." Policy Analysis. DPD's use-of-force policy(General Order 5.1)prohibits officers from shooting at a moving vehicle unless the occupants are using deadly force against the officer by means other than the vehicle. The language included in Section 4.2.13 does not include this limitation. DPD should ensure that all policy language governing shooting at moving vehicles is consistent. Recommended Policy Changes. PERF recommends snaking the following changes to Section 4.2.13: )0- Recommendation: DPD should add language to Section 4.2.13 that officers are not to shoot at a moving vehicle unless the occupants are using deadly force against the officer by means other than the vehicle. Status: This recommendation has been implemented. DPD Policy 4.2.19 (Inter-jurisdictional Pursuit Policy) Current DPD Policy. Section 4.2.19 details DPD's policy on inter jurisdictional pursuits. This section provides officers with guidelines for permitted and prohibited actions during vehicle pursuits that extend beyond the jurisdiction of DPD. The language on prohibited actions includes a ban on"shooting at pursued vehicle (except to protect against the use of unlawful deadly force)." Policy Analysis. The language included in Section 4.2.19 does not emphasize that officers shall not shoot at a moving vehicle unless the occupants are using deadly force against the officer by means other than the vehicle. Because this limitation is included in the department's use-of- force policy(General Order 5.1), DPD should ensure that any policy regarding shooting at moving vehicles contains consistent language. Recommended Policy Changes. PERF recommends making the following changes to Section 4.2.19: ➢ Recommendation: DPD should add language to Section 4.2.19 that officers are not to shoot at a moving vehicle unless the occupants are using deadly force against the officer by means other than the vehicle. 46 94 SECTION I. DPD POLICIES AND PROCEDURES Status: This recommendation has been implemented. 47 95 SECTION I. DPD POLICIES AND PROCEDURES DPD General Order 10.2 - Office of Professional Standards and Administrative Investigations DPD Policy 10.2.6 (Criminal Investigations Relating to Employee Misconduct. Current DPD Policy. This section contains the following language regarding criminal investigations: "Any criminal investigation related to a citizen or internal complaint shall take precedence over the administrative investigation of that complaint," and, "When possible, the criminal investigation shall be completed before any administrative investigation is conducted." Policy Analysis. While some law enforcement agencies wait until the completion of a criminal investigation before initiating an internal administrative review or investigation, this is not required. In fact, this practice can unnecessarily delay the department in discharging an employee who, in an administrative investigation, clearly would be shown to have violated departmental rules seriously enough to justify dismissal. Many other departments recognize that with the proper process in place, administrative and criminal investigations can be conducted concurrently. This permits the department to complete the administrative process and, if termination is recommended, to act on the recommendation promptly. The criminal investigation and court process, including appeals, typically take much longer and can continue long after the administrative outcome is final. Recommended Policy Changes. PERF recommends the following changes to Section 10.2.6: ➢ Recommendation: The DPD should routinely conduct concurrent criminal and administrative investigations. The administrative investigation is conducted by the Office of Professional Standards (OPS) and the criminal investigation by the Criminal Investigations Bureau. The policy should be very clear that there must be a process to protect the integrity of the criminal case. The implications of Garrity and Miranda warnings, along with the potential for a lost criminal case against an employee due to mishandling of information, should be addressed in this policy. For example, a"Garrity warning," given to the employee at the beginning of an interview in an administrative investigation, can protect the employee's constitutional right against self-incrimination by advising the employee that statements made in the administrative investigation will not be used in any criminal proceeding. DPD Policy 10.2.7 (Investigation Process) Current Policy. Section 10.2.7 includes the following language regarding methods in which a citizen can use to file a complaint: "Under normal circumstances, the complainant should come to the Police Department to file personnel complaints. However, if they insist on an alternative site, the receiving supervisor should go to their location to obtain the complaint...Complaints filed by telephone or letter will be accepted if the complainant's location makes it difficult to meet in person, or they refuse an in-person interview." 48 96 SECTION I. DPD POLICIES AND PROCEDURES Policy Analysis. Even though DPD will accept complaints made by methods other than a citizen coming to the police department, the language currently used in this policy seems to only allow for narrow exceptions for a complaint made using an alternative method(e.g., phone, letter, etc.). Recommended Policy Changes. PERF recommends making the following policy changes: ➢ Recommendation: The language in this section should simply and clearly state that complaints made using any method(e.g., online, telephone, letter, etc.) will be investigated. DPD should remove any language that refers to accepting a complaint via telephone or letter if the complainant's location makes it difficult to come to the department or the complainant refuses an in-person interview. Complaints made by methods other than in-person at the police department should be accepted regardless of the complainant's location. Status: This recommendation has been implemented. DPD General Order 12.1 -Active Critical Incidents Current DPD Policy. The policy provides officers with response guidelines for active critical incidents, including man-made events, civil disturbances, active shooter incidents, hostage situations, barricaded subjects, etc. Policy Analysis. Law enforcement agencies should have a policy in place that details police responsibilities during active critical incidents. The policy should be thorough and provide detailed instruction for responding officers,uniforms and equipment requirements, the establishment of incident command, and a notification matrix for various types of critical incidents. Recommended Policy Changes. No changes are recommended. The current policy includes the provisions we would recommend. DPD should continue to enforce General Order 12.1 in its entirety. DPD's Organizational Structure In addition to reviewing DPD's policies on use of force and critical incidents, PERF reviewed DPD's organizational structure. When PEKE started its review, the senior leadership of the Denton Police Department consisted of one Chief and two Assistant Chiefs. This structure was also reflected in the organization chart provided to PERF by DPD personnel.48 One Assistant Chief was responsible for the Operations Division (which includes Patrol,Neighborhood Services, and Criminal Investigations Sections) and the other oversaw the Administration Division(which includes the Office of Professional Standards, Support, Accounting and Technology, and Communications Sections). 48 The organizational chart dated June 27,2018. 49 97 SECTION I. DPD POLICIES AND PROCEDURES During PERF's site visit, DPD personnel who participated in focus groups described a large disparity in the span of control between the two Assistant Chiefs, and many focus group participants suggested that Patrol and Criminal Investigations be split between the Assistant Chiefs. PERF believes dividing the Operations Division is unnecessary, and that it would create greater communication gaps in an agency that currently struggles to communicate at many levels (see "Perceptions of Internal Communication" section below). One Assistant Chief in charge of the operational components (patrol and investigations) of a police department is a common practice, and arguably reduces top-level command disputes over human resources and priorities. Furthermore, PERF does not believe it is a necessity for DPD to add a third Assistant Chief position, as some have suggested. During PERF's review, the Chief of Police and both Assistant Chiefs submitted their resignations. After this occurred, City of Denton officials made the decision to restructure the senior leadership of the department. DPD's senior leadership now consists of one Assistant Chief(who is serving as the interim Chief until a permanent replacement is found), and two Deputy Chiefs. The Deputy Chiefs are now responsible for overseeing the Operations and Administration Divisions. PERF believes this is a good arrangement for the organization of DPD's senior leadership. 50 98 SECTION II.ICAT TRAIN-THE-TRAINER SECTION II. ICAT TRAIN-THE-TRAINER In June 2018, PERF conducted ICAT train-the-trainer instruction for several Denton Police Department trainers. Participants were carefully selected for the implementation of the training. The participants were actively engaged throughout the day, discussing methods to adapt and deliver the instruction to all DPD personnel. PERF's Integrating Communications,Assessment,And Tactics Training Guide To help law enforcement agencies implement the PERF's 30 Guiding Principles on Use of Force, PERF developed ICAT.- Integrating Communications, Assessment, and Tactics,49 a training guide that represents a new way of thinking about use-of-force training for American police officers. ICAT takes the essential building blocks of critical thinking, crisis intervention, communications, and tactics, and puts them together in an integrated approach to training. ICAT is anchored by the Critical Decision-Making Model, and is designed to increase officer safety and public safety by providing officers with more tools, skills, and options for handling critical incidents, especially those involving subjects who are in crisis but who are not armed with firearms. The cornerstones of ICAT include slowing incidents down in order to avoid reaching a point where there is a need to use lethal force; upholding the sanctity of life; building community trust; and protecting officers from physical, psychological, and legal harm. The ICAT Training Guide is comprised of six modules: • Introduction to ICAT • Critical Decision-Making Model • Crisis Recognition and Response • Tactical Communications • Operational Safety Tactics • Integration and Practice. The ICAT Training Guide includes model lesson plans, scenario-based training exercises, PowerPoint presentations, case study videos of use-of-force incidents, and other resources. The Training Guide was developed with the help of a Working Group of more than 60 professionals representing law enforcement agencies and other organizations from across the country. A panel of 10 policing experts reviewed a draft of the Training Guide, and the training was pilot-tested in seven sites throughout the country in August and September of 2016. Feedback from the expert review and pilot sites was incorporated into a final report,50 which was released in October 2016. In December 2016,PERF held a national meeting on how to implement ICAT Training. This meeting, which was held in New Orleans, was attended by more than 400 individuals representing more than 160 police agencies. "Police Executive Research Forum(2016).ICAT:Integrating Communications,Assessment, and Tactics. Training Guide for Defusing Critical Incidents. http://www.policeforum.org/assets/icattrainingguide.pdf so Ibid. 51 99 SECTION II.ICAT TRAIN-THE-TRAINER PERF held similar meetings in 2017 in Baltimore; Los Angeles; Columbia, SC; and Camden County, NJ to assist agencies across the country in implementing ICAT training. As of October 2017, approximately 1,100 police professionals from 425 law enforcement agencies have attended these ICAT training meetings. Status: Eleven ICAT training sessions have been scheduled through December 14, 2018. DPD anticipates departmentwide training will be complete by the spring of 2019. 52 100 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. SECTION III. ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. With input from City of Denton officials, PERF designed an"organizational climate" survey to obtain information about employees' perceptions of the Police Department. The survey provided information about how the employees feel about several aspects of the department, including internal communications, supervision, leadership,job satisfaction, work environment, and the process used to determine promotions and special assignments. The survey was distributed to all DPD personnel. The goal of the study was to determine the overall workplace climate at DPD, and to identify any areas of interest to guide the development of DPD's policies and practices going forward. In particular, the survey results can be used in conjunction with PERF's recommendations to help DPD leaders incorporate principles of internal procedural justice within the agency(see Section IV for more information on internal procedural justice). This section discusses the climate survey, including its development, methodology, and results. The findings from this survey are relevant to many of the recommendations in this report. Survey Background and Methodology Survey Instrument: The survey included 83 statements designed to assess employee perceptions of job satisfaction, work environment, communication within the department, supervision, leadership, training and resources, and the department's promotions and special assignment processes. Additionally, the survey contained six demographic and 13 open-ended questions. (See Appendix for the survey instrument). Data Collection: On July 5, 2018, PERF sent an email containing a user name, a password, and a link to the survey to all 253 people who were employed at DPD at the time the survey was fielded. PERF sent additional emails on July 16 and July 23 to remind DPD personnel about the survey. A final email reminder was sent on July 27. During each of these communications, DPD employees were notified that their responses to the survey would be anonymous. Data collection concluded on July 31, 2018. Survey Sample. At the close of data collection, PERF had received a response from 151 DPD employees, for a 59.7%response rate. The demographics of the sample are shown below in Table 1. 53 101 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. Table 1. Demographics of Survey Sample (N=151) Demographic Category Gender Male 75.5% Female 24.5% Education High school graduate/GED 6.0% Some college, no degree 36.4% Associate's degree 9.9% Bachelor's degree 36.4% Master's degree 11.3% Race White/Caucasian 85.4% Black/African American 7.3% Biracial two racial categories selected 2.6% American Indian/Alaskan Native 2.0% Asian/Pacific Islander 1.3% Refused/None selected 1.3% Ethnicity Non-Hispanic 88.6% Hispanic 11.4% Years of Service 0-5 years 25.2% 6-10 years 10.6% 11-15 years 17.9% 16-20 years 15.9% More than 20 years 30.5% Employment Type Sworn 76.2% Non-sworn 23.8% Survey Results This section presents the results of the Denton Police Department Organizational Climate Survey. The results are divided into seven categories: ➢ Organizational commitment and job satisfaction; ➢ Perceptions of the work environment at DPD; ➢ Perceptions of internal communication; ➢ Perceptions of department supervision; ➢ Perceptions of department leaders; ➢ Perceptions of training opportunities and available resources; and ➢ Perception of the promotion and special assignment process. 54 102 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. Organizational Commitment and Job Satisfaction The first section of the survey contained 13 statements pertaining to organizational commitment and job satisfaction. The results for items assessing organization commitment and job satisfaction for DPD employees are displayed in Table 2. Overall, DPD employees provided positive responses to these statements; however, some statements received more positive responses than others. Nearly 50% of respondents strongly agreed, and another 36% agreed with the statement, "I am proud to tell others that I work for this department." The statement, "I tell my friends and family that this is a good organization to work for,"had similar responses, with 42% of respondents agreeing and another 35% strongly agreeing. One statement in particular had the most positive responses. Fifty-nine percent strongly agreed and 31% agreed with the statement, "I really care about the fate of this department."Most respondents disagreed (57% strongly disagreed and 30% disagreed)with the statement, "I definitely dislike my job." Table 2. Employee Or anizational Commitment and Job Satisfaction Survey Item Strongly Disagree Neutral/No Agree Strongly Mean disagree opinion Agree Response* I am proud to tell others that I work for this 0.7% 2.6% 10.6% 36.4% 49.7% 4.3 department. I feel very little loyalty to 40.0% 30.7% 12.7% 9.3% 7.3% 2.1 this department. I tell my friends and family that this is a good 1.3% 7.3% 14.0% 42.0% 35.3% 4.0 organization to work for. This department really inspires the best in me in 7 9% 19.2% 19.9% 41.1% 11.9% 3.3 the way of my job performance. I really care about the fate 1.3% 2.0% 6.6% 31.1% 58.9% 4.4 of this department. I feel myself to be part of 3.3% 4.7% 12.0% 41.3% 38.7% 4.1 this department. I would not recommend a close friend to join this 37.7% 31.8% 10.6% 13.2% 6.6% 2.2 department. I find that my values and the department's values are 7.3% 16.7% 17.3% 46.7% 12.0% 3.4 very similar. I feel fairly well satisfied 3.3% 13.2% 7.9% 53.0% 22.5% 3.8 with my job. I like my job better than the 1.3% 8.6% 21.2% 39.1% 29.8% 3.9 average worker does. Most days I am enthusiastic 1.3% 12.7% 9.3% 52.0% 24.7% 3.9 about my job. 55 103 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. I enjoy my roles and 2 0% 6.7% 7.3% 50.7% 33.3% 4.1 responsibilities at my job. I definitely dislike my job. 57.3% 30.0% 6.7% 5.3% 0.7% 1.6 *On a scale in which 1 ="Strongly Disagree"and 5="Strongly Agree" The additional comments provided to the open-ended question in this section(see Appendix) suggest that DPD employees like their jobs and genuinely care about the department. While several respondents provided comments such as, "Great place to work," and"Very fortunate to work here [DPD],"other respondents' comments were more critical of the department. From the comments provided, PERF staff identified department politics as a major theme. Department Politics Some DPD employees feel that there are personal agendas among members of rank in the department. This was also a topic of discussion during focus groups held during PERF's site visit. PERF was told by DPD personnel that some lieutenants may disagree with department policy or training guidelines, and are ultimately"running their own departments" on their shifts. Related to this matter, others commented that there is a lack of accountability for violating department policies or improper conduct. Essentially, there is a feeling that some members of DPD believe they do not have to follow the rules because they do not experience consequences for violating rules. Perceptions of the Work Environment at DPD PERF used 12 statements to evaluate DPD employees' perception of the work environment. Respondents used the same five-item Likert scale to respond their level of agreement with each statement(1="Strongly disagree," 5="Strongly agree). As shown in Table 3, most of the responses in this section were favorable. An overwhelming majority of respondents provided positive responses to the statement, "I have positive relationships with my coworkers," as 52% agreed and 38% strongly agreed with the statement. There was some discord among responses to the statement, "The department rewards the efforts of employees who do outstanding work." Overall, more employees disagreed(or strongly disagreed)with this statement than agreed (or strongly agreed)with it. 56 104 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. Table 3. Perceptions of the Work Environment at the Denton Police Department Survey Item Strongly Disagree Neutral/No Agree Strongly Mean disagree opinion Agree Response* I find myself in conflicts with coworkers that 47.0% 39.7% 10.6% 1.3/0 1.3/0° ° 1.7 escalate into angry exchanges. Employees treat each other the same,regardless 5.3% 10.7% 12.7% 40.7% 30.7% 3.8 of their racial/ethnic group. Employees treat each other the same,regardless 3.3% 10.0% 12.0% 42.7% 32.0% 3.9 of their gender. Employees treat each other the same,regardless 1.3% 4.6% 13.9% 47.0% 33.1% 4.1 of their sexual orientation. Overall,the environment of this department encourages employees to 3.3% 10.7% 16.0% 46.7% 23.3% 3.8 behave in an equitable, inclusive, and respectful manner. My work environment is more uncomfortable than 32.0% 35.3% 15.3% 10.0% 7.3% 2.3 it should be. I have positive relationships with my 0.0% 0.7% 9.3% 52.3% 37.7% 4.3 coworkers. The working relationship between sworn and non- sworn employees is 6.6% 9.9% 18.5% 53.0% 11.9% 3.5 constructive toward achieving department goals. The department rewards the efforts of employees 12.6% 29.1% 20.5% 29.8% 7.9% 2.9 who do outstanding work. As an employee of this department, I am treated 3.3% 6.0% 9.3% 56.3% 25.2% 3.9 with respect. As an employee of this department, I receive fair 5.4% 9.5% 9.5% 49.3% 26.4% 3.8 treatment. I know what resources 2 0% 14.6% 9.9% 49.0% 24.5% 3.8 are available to me if I 57 105 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. need to discuss a workplace-related complaint. *On a scale in which 1 ="Strongly Disagree"and 5 ="Strongly Agree" Perceptions of Internal Communication PERF used seven independent statements to evaluate employees' perceptions of intra-agency communication. The overall responses in this area were not favorable. As shown in Table 4, most respondents believe department leaders were doing a poor job of informing employees about matters affecting them(35% agreed and 27% strongly agreed). And only 25% of DPD employees agreed or strongly agreed with the statement, "I am satisfied with the information I receive from management on what is going on in the department." Similar results were obtained for the statement, "The rationale behind important decisions that impact me is communicated effectively." Finally, most employees who responded to the survey disagreed or strongly disagreed with the statement, "Employees are asked for input regarding decisions that will affect them." Table 4. Perceptions of Internal Communication Survey Item Strongly Disagree Neutral/No Agree Strongly Mean disagree opinion Agree Response* I feel free to express my opinions in my job 11.9% 28.5% 11.3% 34.4% 13.9% 3.1 without worrying about negative results. Department leaders do a poor job of informing 6.0% 14.0% 18.7% 34.7% 26.7% 3.6 employees about matters affecting us. Information about things relevant to my job are 12.6% 29.1% 25.2% 27.8% 5.3% 2.8 communicated in a timely manner. I am satisfied with the information I receive from management on 19.2% 37.7% 17.9% 19.9% 5.3% 2.5 what is going on in the department. The rationale behind important decisions that impact me is 19.2% 38.4% 17.9% 21.8% 2.6% 2.5 communicated effectively. Employees are asked for input regarding decisions 24.0% 29.3% 24.7% 19.3% 2.7% 2.5 that will affect them. 58 106 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. I am dissatisfied with my involvement in decisions 8.6% 21.2% 32.5% 29.1% 8.6% 3.1 that affect my work. *On a scale in which 1 ="Strongly Disagree"and 5 ="Strongly Agree" Perceptions of Department Supervision Thirteen statements were used to assess employees' level of satisfaction with supervisors in the department. The results for this section are displayed in Table 5. Most of the questions asked employees about their supervisor's ability to evaluate their job performance and their supervisor's treatment of their subordinates. The responses to the statement, "My immediate supervisor treats the employees he or she supervises with respect," received positive responses. The average response for this question was 4.2, meaning that respondents generally agreed with the statement. Respondents also provided positive responses to the statement, "The supervisors in this department treat their subordinates fairly." Fifty-six percent agreed or strongly agreed with that statement. Regarding supervisors' ability to evaluate their subordinates'job performance, substantial majorities of DPD employees provided positive responses to the statements, "My immediate supervisor is familiar enough with my job performance to fairly evaluate me," "My job performance is reviewed in person with me at least one time each year," and"The standards used to evaluate my performance have been fair and objective." Table 5. Per ce tions of the De artment Supervision Survey Item Strongly Disagree Neutral/No Agree Strongly Mean disagree opinion Agree Response* My immediate supervisor treats the employees he 1.3% 4.6% 9.3% 39.1% 45.7% 4.2 or she supervises with respect. Generally, the supervision in my department favorably 5.4% 10.8% 17.6% 47.3% 18.9% 3.6 affects my work and moral. My immediate supervisor is available to me when I 1.3% 4.0% 7.9% 38.4% 48.3% 4.3 have questions or need help. I am often unclear about just what is expected of 26.7% 47.3% 11.3% 12.7% 2.0% 2.2 me on the job. Employees who perform their jobs well are 9.9% 21.9% 24.5% 37.1% 6.6% 3.1 recognize by their 59 107 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. immediate supervisors for their contributions. The supervisors in this department treat their 4.7% 20.0% 19.3% 42.0% 14.0% 3.4 subordinates fairly. The supervisors in this department show 9.3% 27.3% 20.7% 20.7% 22.0% 3.2 favoritism. My immediate supervisor is familiar enough with 5.3% 6.0% 6.6% 47.0/0 o 35.1/0 0 4.0 my job performance to fairly evaluate me. My job performance is reviewed in person with 6.0% 8.6% 10.6% 53.0% 21.9% 3.8 me at least one time each year. The standards used to evaluate my performance 5.3% 10.6% 23.8% 46.4% 13.9% 3.5 have been fair and objective. I receive inaccurate feedback pertaining to 21.9% 41.1% 19.9% 13.9% 3.3% 2.4 my job performance. I receive useful recommendations on how 4.0% 16.6% 28.5% 43.7% 7.3% 3.3 I can improve my job performance. I have little trust in my supervisor's evaluation of 28.7% 43.3% 13.3% 8.7% 6.0% 2.2 my work performance. *On a scale in which 1 ="Strongly Disagree"and 5 ="Strongly Agree" Perceptions of Department Leaders This section of the survey contained nine statements pertaining to the employees' perceptions of department leaders. The results revealed concerns in this area. As shown in Table 6, more respondents overall disagreed than agreed with the statement, "Morale among employees is good." More than half of all respondents agreed with the statement, "I have doubts about the department's leadership." A large majority of employees disagreed with the statement, "Employees who consistently do a poor job are held accountable."And a plurality disagreed with the statement, "Employees who violate department policies are held accountable." 60 108 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. The statement, "The disciplinary process is unfair at this department,"received mixed responses. Thirty-four percent did not agree with this statement,while 35% agreed that the disciplinary process is fair. Table 6. Perceptions of the Department Leaders urvey Item Strongly Disagree Neutral/No Agree Strongly Mean disagree opinion Agree Response* Morale among employees 11.3% 32.5% 19.2% 33.8% 3.3% 2.9 is good. I have doubts about the 7.3% 21.3% 19.3% 38.7% 13.3% 3.3 department's leadership. Department leaders can 11.3% 20.0% 25.3% 32.7% 10.7% 3.1 be trusted. Clear goals for the department are 15.3% 28.0% 29.3% 23.3% 4.0% 2.7 established by its leaders. The department is managed ineffectively by 8.6% 31.8% 23.8% 24.5% 11.3% 3.0 its leaders. Employees who consistently do a poor job 34.4% 38.4% 18.5% 8.6% 0.0% 2.0 are held accountable. Employees who violate department policies are 18.5% 30.5% 24.5% 24.5% 2.0% 2.6 held accountable. Department leaders model equitable, inclusive, and respectful 8.7% 18.8% 26.2% 41.6% 4.7% 3.2 behavior in interactions with employees. The disciplinary process is unfair at this 9.9% 24.5% 31.1% 21.9% 12.6% 3.0 department. *On a scale in which 1 ="Strongly Disagree"and 5 ="Strongly Agree" Perceptions of Training Opportunities and Available Resources Nine items were used to evaluate employees' satisfaction with the department resources (e.g., equipment) and training opportunities. Results for this section are displayed in Table 7. Overall, respondents provided positive responses to these statements. PERF found that a large majority believed they had the equipment and supplies needed to do their jobs (59% agreed and 19% strongly agreed), and most respondents did not think that the equipment provided was in poor condition. Eighty percent of employees who completed the survey provided positive responses to the statement, "I received the necessary training to do my job." Three-fourths of 61 109 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. employees believe that the employees of DPD receive high-quality training. Finally, most respondents did not agree with the statement, "My job makes poor use of my training." Table 7. Perceptions of Tr ining Opp ortunities and Available Resources Survey Item Strongly Disagree Neutral/No Agree Strongly Mean Wr disa ree opinion Agree Response* I have the equipment and supplies I need to do my 2.0% 12.7% 7.3% 58.7% 19.3% 3.8 job. The equipment I need for my job is in poor 17.3% 44.0% 14.0% 19.3% 5.3% 2.5 condition. I have access to information I need to do 2.0% 7.3% 8.0% 60.7% 22.0% 3.9 myjob. I received the necessary 2.0% 6.1% 12.2% 54.1% 25.7% 4.0 training to do my job. I have opportunities to attend training courses 4.7% 7.4% 8.7% 51.7% 27.5% 3.9 that assist me in doing myjob. Employees of this department receive high 1.3% 6.7% 16.7% 53.3% 22.0% 3.9 quality training. My training did not prepare me well for my 32.9% 52.3% 11.4% 2.7% 0.7% 1.9 actual work. My job makes poor use 27 3% 42.0% 16.0% 12.0% 2.7% 2.2 of my training. The frequency with which training opportunities are 3.4% 12.2% 18.9% 48.6% 16.9% 3.6 provided meet my needs as an employee. *On a scale in which 1 ="Strongly Disagree"and 5 ="Strongly Agree" Perception of the Promotion and Special Assignment Process DPD employees seemed to have very mixed feelings about the promotions and special assignment processes in the department. As shown in Table 8, half of the employees who completed the survey provided positive responses to the statement, "Special assignments and professional development opportunities are provided to those who demonstrate appropriate work performance,"while only 22% disagreed. 62 110 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. However, with mean responses of 3.0, respondents provided mixed responses to the statements, "The department has an ineffective system for determining special assignments or professional development opportunities," and"The department has an ineffective system for promotion." More than half of respondents thought that promotions are seldom related to employee performance. However, more than half agreed or strongly agreed with the statement, "I feel that there are opportunities for upward mobility in this department." More than half of the DPD employees who completed the organization climate survey did not think the department is unfair in its hiring practices. Table 8. Perceptions of the Promotion and S ecial Assignment Process Survey Item Strongly Disagree Neutral/No Agree Strongly Mean disa ree opinion Agree Response* Special assignments and professional development opportunities are 5.3% 16.7% 28.0% 37.3% 12.7% 3.4 provided to those who demonstrate appropriate work performance. The department has an ineffective system for determining special 9.3% 23.2% 30.5% 28.5% 8.6/°° 3.0 assignments or professional development opportunities. The department has an ineffective system for 14.7% 20.7% 30.0% 24.0% 10.7% 3.0 promotion. The department is unfair 24 5% 32.5% 32.5% 7.3% 3.3% 2.3 in its hiring practices. Promotions are seldom related to employee 5.4% 12.1% 30.2% 36.9% 15.4% 3.5 performance. Promotions are more related to whom you 19.9% 31.1% 27.2% 15.2% 6.6% 2.6 know rather than the quality of your work. There is a fair opportunity to be 2.6% 17.2% 27.2% 37.7% 15.2% 3.5 promoted. I feel that there are opportunities for upward 3.3% 15.2% 25.8% 45.7% 9.9% 3.4 mobility in this department. *On a scale in which 1 ="Strongly Disagree"and 5 ="Strongly Agree" 63 ill SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. DPD employees were asked how much emphasis should be placed on the following items in the promotion process and when determining opportunities for special assignments: • Written exams; • Assessment from outside of the department(e.g., independent reviewers); • Officer performance evaluations; • Seniority; and • Interviews. Respondents were asked to rate each item using the categories "less emphasis," "same emphasis/no change," "more emphasis," or"not used at all" (as compared to the amount of emphasis currently placed on that item in DPD's promotion and assignment process). The results are displayed in Tables 9 and 10 below. Table 9. Respondents' Recommendations About Emphasis Placed on Factors Influencing the Promotion Process Less Emphasis Same Emphasis/No More Emphasis Not Used at All lir (% of Respondents) Change (%of Respondents) (% of Respondents) (% of Respondents) Written exams 33.8% 50.7% 10.1% 5.4% Assessment from outside of the department 15.6% 18.4% 36.7% 29.3% (e.g. independent reviewers) Employee performance 4.1% 25.2% 66.7% 4.1% evaluations Seniority 16.3% 50.3% 28.6% 4.8% Interview 7.4% 33.1% 55.4% 4.1% As Table 9 illustrates, regarding the promotions process, 51% of respondents believe that no changes should be made to the emphasis placed on written exams, but 39% think that written exams should receive less emphasis or should not be used at all. Only 37% of respondents believe more emphasis should be placed on assessments from outside of the department., while 45%believe outside assessments should receive less emphasis or not be used at all. Two-thirds of respondents think more emphasis should be placed on performance evaluations, and 55%believe more emphasis should be given to interviews. Half of the DPD employees who completed the survey believe that the current level of emphasis on seniority should not be changed. 64 112 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. Table 10. Respondents' Recommendations About Emphasis Placed on Factors Influencing Special Assignment Opportunities Less Emphasis Same Emphasis/No More Emphasis Not Used at All (% of Respondents) Change (%of Respondents) (% of Respondents) (% of Respondents) Written exams 19.9% 46.6% 17.8% 15.8% Assessment from outside of the department 14.4% 24.0% 19.9% 41.8% (e.g. independent reviewers) Employee performance 2.1% 28.1% 67.8% 2.1% evaluations Seniority 19.9% 45.2% 29.5% 5.5% Interview 3.4% 44.1% 49.0% 3.4% Regarding special assignment opportunities, 47% of respondents believe no changes should be made to the emphasis placed on written exams,but 36%believe written exams should receive less emphasis or not be used at all. Similar to findings regarding the promotion process, two-thirds of respondents believe that employee evaluations should receive more emphasis when determining opportunities for special assignment. Forty-five percent of respondents believe the emphasis placed on seniority should not be changed, and among the other respondents, there was a slight preference for giving seniority greater emphasis. Forty-nine percent of respondents said that that interviews should be given more emphasis in determining special assignments, and most others thought that emphasis should not change; few said that interviews should receive less emphasis. DPD employees were also asked two questions about whether they believe race and gender impact opportunities for special assignment/professional development and promotion. The results are presented in Tables 11 and 12. As shown in Table 11, DPD employees overwhelming responded that they believe whites and minorities are treated the same when it comes to opportunities for special assignment/professional development and promotion. 65 113 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. Table 11. Perceptions of Special Assignment/Professional Development Opportunities and Promotion Based on Race Survey Item Whites are treated better than minorities. 5.6% Minorities are treated better than whites. 7.0% Whites and minorities are treated about the same. 87.3% Similarly, 86%respondents believe that men and women are treated the same when it comes to opportunities for special assignment/professional development and promotion. Table 12. Perceptions of Special Assignment/Professional Development Opportunities and Promotion Based on Gender Survey Item ° Men are treated better than women 10.5% Women are treated better than men 3.5% Men and women are treated about the same 86.0% Open-Ended Survey Questions At the end of each section of the survey, respondents were asked if they had any additional comments based upon their responses for those sections. In addition, at the end of the survey, PERF asked the following open-ended question: "Are there ways the department could improve the overall environment within the agency as well as better serve the community?" Respondents were asked to write in responses. Approximately 62% of the 151 respondents chose to answer the question, "Are there ways the department could improve the overall environment within the agency as well as better serve the community?"This level of response rate is much higher than PERF has seen in similar surveys in other agencies. Several common themes emerged from the responses to the open-ended questions. These themes included: • Cronyism; • Poor internal communication; • Perceptions of disparate discipline and accountability; and • Personal agendas among ranking DPD personnel. Several of the themes listed above were also topics of discussion when PERF conducted focus groups during the site visit. The sections below provide further details on these themes. 66 114 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. Cronyism It was mentioned several times during focus groups, and in the comments on the survey, that the DPD operates under a"good of boy" system. DPD personnel described inconsistent practices for determining special assignments, and told PERF that special assignments were based on one's social network within the department and had little to do with individuals' qualifications. It is critical that selection processes be fair and consistent. The process for determining special assignments must be clearly described in policy and always followed. ➢ Recommendation: PERF believes the DPD would be best served by consistently adhering to the following process for determining special assignments: 1) Open positions for special assignment should be advertised department-wide, preferably via an email sent to every DPD employee. 2) Interested employees should complete an application. 3) Completed applications should be forwarded and reviewed by the applicant's immediate DPD supervisors for comments. 4) Completed application should be sent to the specialized unit filling the position. Additionally, PERF recommends the use of a three-party interview panel, comprised of subject matter experts for the specialized unit. The position-level requirements for the three-party interview panel should be indicated in policy. The three-party interview panel should use fixed questions and a consistent scoring method(e.g., a scoring rubric) for evaluating applicants. A basic skills test may be administered, but DPD must ensure that applicants know it is part of the process and why the test is included in the process. Status: This recommendation has been implemented. Poor Internal Communication A number of survey respondents said that department communications are severely lacking. Focus group participants and survey respondents told PERF that information is not disseminated from the department's senior leaders, and because of this, employees often hear news about the department only through gossip and rumors. Furthermore, it appears that there have been misunderstandings and misinformation about the Downtown Unit.51 It is important that all DPD personnel understand the functions of the Downtown Unit. ➢ Recommendation: DPD leaders must work to better integrate the Downtown Unit into the department. The Downtown Unit is designed to provide visitors and residents with a sense of safety and security while enjoying the local businesses, restaurants, and nightlife. The Downtown Unit assists the City of Denton in making the downtown area an attractive destination. DPD leaders should consider a constant rotation of temporarily assigned patrol officers into the Downtown Unit to expose them to the work of the unit. si Also known as District Five,this unit is responsible for policing the downtown Denton entertainment area. 67 115 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. This will also give patrol officers exposure to the business community and to the problem-solving and communication skills that are essential in the unit. Along the same lines, DPD personnel told PERF that misinformation regarding the hiring of racial minorities has been an internal issue for the department. This issue was mentioned in focus groups and on the survey. PERF learned that department leaders took steps to examine this issue and found that unfair practices have not been used to give preferential treatment to minority applicates in the hiring process. PERF also learned that the Chief led"town hall meetings" in an effort to address this issue and dispel misconceptions. However, this continues to be an underlying issue in the department. ➢ Recommendation: PERF recommends that DPD leaders readdress the misinformation so that the department can continue to move forward. Interviews indicated that prior reviews of hiring practices,positions filled, and processes that were used did not give preferential treatment to minority applicants. This information should be shared agency- wide to address misunderstandings. Survey respondents and focus group participants also said that the department's mission, values, and expectations were not clearly known. This is important and should be clearly communicated to every employee of DPD. ➢ Recommendation: The department's new leadership team must make their mission and vision of the agency clear, and must share this vision through effective internal communications and transparency. Status: This recommendation has been implemented. Perception of Disparate Discipline and Accountability During focus groups, DPD personnel described an uneven disciplinary atmosphere created by significant differences in performance expectations among patrol supervisors and commanders. Examples were given of similar behaviors and performances receiving significantly different levels of leadership scrutiny. Respondents to the organization climate survey also described this behavior by patrol supervisors and commanders. ➢ Recommendation: DPD's new leadership team should ensure that performance and behavioral expectations that lead to disciplinary action are organizational, and not subject to inconsistent interpretations by first-line and mid-level leadership. Consideration should be given to publishing summaries on a quarterly basis of adjudicated misconduct complaints to reduce suspicions of disparate treatment and biased outcomes. Personal Agendas among Ranking DPD Personnel Feedback from DPD personnel during focus groups and in responses to open-ended questions on the organizational climate survey indicates that there is an inconsistency in the expectations 68 116 SECTION III.ORGANIZATIONAL CLIMATE SURVEY OF THE DENTON POLICE DEPT. among sergeants and lieutenants. Some members of the department said that lieutenants and sergeants seem to be"running their own separate police departments." ➢ Recommendation: PERF recommends that DPD's new leadership team provide commanders and supervisors with clear expectations and consistent practices for officers to follow regarding their daily law enforcement activities (e.g., report writing, handling calls for service, etc.). Providing clear, consistent requirements for all patrol officers will increase accountability and significantly reduce the confusion that currently exists. Status: This recommendation has been implemented. 69 117 SECTION IV.WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE SECTION IV. WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE During PERF's review of the DPD, one common theme that emerged was the belief among many DPD personnel that the agency's culture has not always reflected strong values of leadership, fairness, and internal transparency. In PERF's "organizational climate" survey, DPD personnel cited poor internal communications, inconsistent processes for discipling and holding people accountable, and a lack of confidence in department leaders. These types of concerns are central to the concept of"internal procedural justice." This section discusses the principles of internal procedural justice and provides recommendations for how DPD can apply these principles within the agency. PERF believes that incorporating the principles of internal procedural justice throughout the department can help improve the agency's overall workplace culture and environment. This includes ensuring that all employees are treated with dignity, respect, and fairness, and are given opportunities to share their views about issues, and that employees' gender, race, or sworn or civilian status will not affect how they are treated by the department. Internal Procedural justice Procedural justice is one of the key concepts discussed by the President's Task Force on 21 st Century Policing.52 This Task Force was created by executive order in 2014 by President Obama to identify best practices in law enforcement and to provide recommendations on policing practices that will reduce crime while increasing public trust.53 As described in the Task Force's Final Report,procedurally just behavior is based on four central principles: 1. Treating people with dignity and respect; 2. Giving individuals `voice' during encounters; 3. Being neutral and transparent in decision-making; and 4. Conveying trustworthy motives. In the field of policing, "external procedural justice"refers to the way in which officers apply these principles when interacting with members of the public. Research has shown that external procedural justice is critical for increasing the public's trust in the police.54 52 President's Task Force on 211 Century Policing(2015).Final Report of the President's Task Force on 21 st Century Policing. Washington,DC: Office of Community Oriented Policing Services. http://www.theiacp.orgLPortals/O/taskforce finalreport.pdf 53 Ibid. 51 police Executive Research Forum(2014).Legitimacy and Procedural Justice: A New Element of Police Leadership. http://www.policeforum.ora/assets/docs/Free Online Documents/Leadership/legitimacy%20and%20procedural%20 justice%20%20a%20new%20element%20of%20police%201eadership.pdf; President's Task Force on 21'Century Policing(2015).Final Report of the President's Task Force on 21"Century Policing. Washington,DC: Office of Community Oriented Policing Services. http://www.cops.usdoj.goy/pdf/taskforce/taskforce finalreport.pdf. 70 118 SECTION IV.WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE Similarly, "internal procedural justice"refers to the way in which these principles—treating people with dignity, respect, and fairness and giving them a"voice" in decisions—are applied within a police agency,by department employees, to the benefit of other employees and the department as a whole." Recommendation 1.4 of the final report of the President's Task Force states: "Internal procedural justice begins with the clear articulation of organizational core values and the transparent creation and fair application of an organization's policies,protocols, and decision-making processes."56 Examples of how police leaders may apply aspects of procedural justice within their agencies include: • Ensuring that disciplinary systems are fair; • Soliciting officers' views about major policy issues; • Creating meaningful paths for career advancement; and • Encouraging collaboration and strong relationships between employees and supervisors.57 Benefits of Internal Procedural Justice Applying the principles of internal procedural justice can help improve organizational culture and create a safe and healthy working environment for all members of a police agency.58 Research has shown that officers are more likely to show initiative, to view management's actions as legitimate, and to voluntarily comply with departmental policies when they are given a voice and are active participants in the decision-making process.59 55 police Executive Research Forum(2014).Legitimacy and Procedural Justice: A New Element of Police Leadership. htt2://www.12oliceforum.ora/assets/docs/Free_Online_Documents/Leadership/le itg imacy%20and%20procedural%20 justice%20%20a%20new%20element%20of%20police%201eadership.pdf; Police Executive Research Forum(2015). Critical Response Technical Assessment Review: Police Accountability— Findings and National Implications of an Assessment of the San Diego Police Department.Washington,DC: Office of Community Oriented Policing Services. https://www.sandiego.gov/sites/default/files/legacy_/police/pdyperfmt.pdf. 56 President's Task Force on 21 It Century Policing(2015).Final Report of the President's Task Force on 21 s` Century Policing. Washington,DC: Office of Community Oriented Policing Services. b!V://www.cops.usdoj.goy/pdf/taskforce/taskforce_finalreport.pdf. 51 Police Executive Research Forum(2014).Legitimacy and Procedural Justice: A New Element of Police Leadership. htW://www.policeforum.org/assets/docs/Free Online Documents/Leadership/leizitimacy%20and%20procedural%20 justice%20%20a%20new%20element%20of%20police%201eadership.pdf; President's Task Force on 21'Century Policing(2015).Final Report of the President's Task Force on 21 st Century Policing. Washington,DC: Office of Community Oriented Policing Services. htW://www.cops.usdoj.aoy/pdFtaskforce/taskforce finalreport.pdf. 58lbid. 59 Ibid. 71 119 SECTION IV.WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE Additionally, there is an important link between internal and external procedural justice. As the President's Task Force report states: "[O]fficers who feel respected by their organizations are more likely to bring this respect into their interactions with the people they serve."60 Thus,by promoting the principles of fairness, dignity, and respect within the agency, police leaders provide an example of how officers should treat community members. Applying Procedural justice Principles at DPD Based on feedback that PERF received during focus groups with DPD employees, as well as a review of the organizational climate survey data, PERF believes that incorporating the principles of internal procedural justice throughout the department can help improve DPD's overall workplace culture and environment. This includes ensuring that all employees are treated with dignity, respect, and fairness, regardless of their gender, race, or sworn/civilian status. This section discusses how the principles of internal procedural justice can help create an equitable workplace environment throughout the department. Internal Department Communications DPD can adopt a number of strategies to improve internal department communications, with an eye toward promoting internal procedural justice. Such strategies include soliciting input from employees, holding regularly scheduled formal meetings with department personnel, and the use of smaller"after-action" debriefing sessions. Soliciting Input from Employees When a new policy or initiative is proposed, DPD leaders should involve members of the department by conducting briefings and soliciting feedback. This helps promote internal procedural justice by giving employees a voice into the issues that directly affect them. For example, DPD can create a feedback form that can be filled out and submitted via a drop box at headquarters. DPD leaders can also hold small employee focus groups (involving both sworn staff and civilians) to hear comments about proposed policies and procedures. DPD can also hold regular department-wide meetings to ensure that all members of the department are made aware of significant issues within the agency. These meetings should be held any time there is a change in policy, a new initiative is launched, or there is a major personnel change. At these meetings, DPD leaders should explain the reasons behind these changes, and provide adequate time to address concerns and answer employees' questions. DPD supervisors should hold follow-up meetings with their direct reports to verify that they understand what was discussed and to answer any additional questions. 60 mid. 72 120 SECTION IV.WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE These types of regular, ongoing meetings will promote frequent two-way communication and foster a sense of transparency and camaraderie within the organization. These meetings should not be limited to front-line officers. They should include the agency as a whole, including civilian support staff. This will create a sense of connectedness among units that do not often interact directly. In addition to these meetings, the chief of police should consider holding regular"listening" meetings. These meetings do not need to have a formal agenda; rather, they can be held to give all agency employees, sworn and civilian, an opportunity to express issues of concern. These meetings can also be used by the chief to solicit information about any ongoing issues about which the chief should be aware. ➢ Recommendation: DPD should make use of regular, ongoing department-wide meetings, involving both sworn and civilian staff. These meetings should be used to promote transparency within the agency by sharing information about upcoming changes within the agency and soliciting employee feedback. Status: This recommendation has been implemented. ➢ Recommendation: DPD should also explore other ways to solicit feedback from employees, including circulating feedback forms, holding focus groups with a cross- section of personnel, and holding regular"listening"meetings between employees and the chief of police. Regularly Scheduled Meetings with Department Personnel As a way of increasing department communications and transparency, standing meetings between the Chief of Police, Assistant Chiefs, command staff, supervisors, and officer associations should occur at regularly scheduled intervals. Open-door policies should be avoided, as this type of informal meeting style can result in misunderstandings about some employees having greater access to department leaders or undue influence. ➢ Recommendation: PERF recommends the DPD Chief of Police should create a practice that establishes the following standing formal meeting schedule: o Command staff(once per week) o Supervisors (once per month) o Denton Police Officers Association(once per month) o Denton Municipal Police Association (once per month) o Crime meeting (once per month). Status: This recommendation has been implemented. 73 121 SECTION IV.WORKPLACE ENVIRONMENT AND PROCEDURAL JUSTICE Holding After Action Debriefings Patrol staff can make use of after-action debriefings in order to promote informal mentoring opportunities and promote team-building. After a patrol team handles a particularly challenging call, supervisors should encourage the team to come back at the end of the shift to informally talk about the incident and discuss what worked well and what could be improved upon in the future. This does not need to be done on a daily basis, but rather when a shift sergeant believes that a particular incident or call for service warrants a discussion about tactics and strategy. Such after-action debriefings need not be limited to patrol functions. Communications Operations staff can hold similar debriefings after challenging incidents to increase team- building, provide constructive feedback, and encourage mentoring relationships. Even employees who perform routine day-to-day tasks (such as civilian clerical and administrative functions within DPD) can participate in monthly meetings prior to the close of a day to accomplish these objectives. ➢ Recommendation: DPD should explore the use of after-action briefings for all functions of the department in order to share information,provide constructive feedback to other unit members, and encourage mentoring relationships between junior and senior staff. Status: This recommendation has been implemented. Recognizing Exceptional Performance Recognizing employee contributions and successes is another way to incorporate the principles of internal procedural justice at DPD. DPD should highlight the accomplishments of sworn and civilian members of the department. A special email could be sent out by the chief of police to all DPD members to highlight and recognize an employee whose work has had a positive impact on the community or the agency. ➢ Recommendation: DPD should routinely recognize sworn and civilian members whose work has had a positive impact on the community or the agency. A special email recognizing that employ should be sent to all DPD staff by the chief of police. Status: This recommendation has been implemented. 74 122 SECTION V.ADDITIONAL RECOMMENDATIONS SECTION V. ADDITIONAL RECOMMENDATIONS PERF is offering several other recommendations that will assist the Denton Police Department in improving its day-to-day operations to strengthen agency transparency and accountability to the community. ➢ Recommendation: DPD should place the department's policy manual, including its use- of-force policy, on the department's website. Police agencies have found that this practice demonstrates a commitment to transparency with the communities they serve. Examples of two major law enforcement agencies that have posted their policies online are the Seattle and Los Angeles Police Departments. • http://www.scattic.gov/police/publications/manual/default.htm • http://www.Igpdonline.org/Igpd_manual/ ➢ Recommendation: DPD follows progressive policing practices for accepting complaints against agency personnel. However, the manner in which complaints are accepted is somewhat limited. Because the complaint process may not be intuitive for some people who are not familiar with how law enforcement agencies are structured, there should be a clearly identifiable link on the DPD's website that allows individuals to easily access information on DPD's Office of Professional Standards (OPS), information on the complaint process, the complaint form, and instructions for completing the form. Instructions for completing the form, and the form itself, should be available in English and Spanish. DPD also should accept commendations, as well as complaints against officers, through the agency's website. This recommendation has been implemented. ➢ Recommendation: If at all possible, DPD should move the Office of Professional Standards (OPS) to an off-site location. An off-site facility, such as a mixed-use office building or another city property, can be less intimidating than the regular police facility for complainants. Furthermore, for officers who visit OPS to be questioned by investigators, the use of an off-site location may protect officer privacy. ➢ Recommendation: DPD should utilize an ombudsman or independent auditor(e.g., a retired judge or prosecutor) to conduct periodic, random reviews of its internal affairs investigations. The U.S. Department of Justice (DOJ)has routinely mandated the creation of an external oversight component in consent decrees and memoranda of agreement during the past 15 years. DOJ documents detailing these agreements serve as excellent resources for the considerations that are involved in establishing an oversight mechanism.61 ➢ Recommendation: It was mentioned several times during focus groups that special requests from municipal government officials are often disseminated through DPD without following the chain of command. DPD should implement a consistent process 61 See U.S.Department of Justice Civil Rights Division, Special Litigation Section webpage,"Cases and Matters," Law Enforcement Agencies section.hgps://www.justice. ovg /crt/special-litigation-section-cases-and-mattersO#police 75 123 SECTION V.ADDITIONAL RECOMMENDATIONS for handling the concerns of local politicians. When such requests come to the agency, the request should be reviewed by the Assistant Chief, then sent through the chain of command to the proper employee for action. Once the request is complete, the findings or action taken should go back up the chain of command to the Chief, so it then can be relayed back to the requestor. Agency leaders should maintain a record of these actions. It is important that these requests not skip the chain of command and go directly to officers, because that can cause confusion and misunderstanding among agency supervisors and commanders. This recommendation has been implemented. Requests are routed through the Chief of Police to the proper member of the department,with the chain of command involved. 76 124 CONCLUSION CONCLUSION In commissioning PERT's review of the Denton Police Department(DPD), department and city leaders have demonstrated a desire to improve the department's policies, as well as the working environment and the operations of the agency. One of the driving reasons behind the commissioning of this report was to examine the overall organizational climate of the department. Perceptions exist to a certain extent in the department about matters of equity and fairness, transparency in leadership, communications, and related issues. These perceptions were identified in PERF's interviews of DPD and city staff members, as well as in PERF's "organizational climate" survey of DPD employees. While challenges remain in addressing some of these issues, they are not insurmountable, as long as DPD leaders are committed to agency-wide improvement. The recommendations contained in this report will assist DPD in moving forward. Where feasible, recommendations should be implemented with an eye toward promoting a sense of"internal procedural justice" in DPD, which involves giving DPD employees a voice in changes to the department, and providing transparency, fairness, and respect to employees. This report also identifies areas where DPD's use-of-force policies and practices are already aligned with progressive policing practices, and presents several recommendations for how DPD can strengthen its policies and practices. Throughout the course of this review, PERF's project team regularly discussed these recommendations with DPD leaders. DPD began making changes to its policies and practices based on these discussions, and at the time of this report the department had already implemented the majority of PERF's recommendations. Policies and Procedures PERF made a number of recommendations for how DPD can strengthen its written policies and procedures,particularly those related to officer use of force. For example, PERF recommends that DPD adopt de-escalation as a formal agency policy, and that its use-of-force policy be revised to reflect this approach. This includes adding definitions for proportionality and de- escalation, adopting the Critical Decision-Making Model (CDM),62 and providing additional guidance on using distance and cover, tactical repositioning, "slowing down" situations that do not pose an immediate threat, and calling for supervisory resources to critical incidents, such as police encounters with mentally ill persons who are behaving erratically or dangerously. DPD has already adopted many of these recommendations and has made several changes to its use-of- force policies and practices. PERF also recommends several changes to DPD's policies governing electronic control weapons (ECWs). DPD should revise its policy to replace all references to "TASER"with the more 62 Police Executive Research Forum(2016).ICAT: Integrating Communications,Assessment, and Tactics. http://www.policeforum.org/assets/icattrainingguide.pdf.ICAT Training is available on PERF's website at www.policeforum.org/ic 77 125 CONCLUSION descriptive and appropriate term, "Electronic Control Weapon (ECW)." This change will help reflect the reality that these tools are less-lethal weapons that are meant to help control persons who are actively resisting authority or acting aggressively.63 PERF also recommends that DPD revise its policies to instruct officers to avoid targeting sensitive areas of a subject's body with an ECW, prohibit use of an ECW against a person operating any type of vehicle in motion, and discourage the use of the drive stun mode as a pain compliance technique.64 Again, DPD has implemented several changes to its ECW policies and practices in accordance with PERF's recommendations. Organizational Structure During PERF's review of the DPD, changes were made to the structure of the department's senior leadership positions. Upon receiving the resignation of the Chief and both Assistant Chiefs, City of Denton officials determined it would be best to restructure the organization of the executive positions to include a Chief of Police, one Assistant Chief, and two Deputy Chiefs. PERF believes this structure will serve the department well and does not recommend any further changes to the organization of DPD's senior leadership. Organizational Climate Survey With the approval of City of Denton officials, PERF developed and fielded an"organizational climate" survey of the department, which was sent to all employees. The goals of the survey were to determine the overall workplace climate at DPD and to guide the development of DPD's policies and practices going forward. The survey allowed anonymous replies, in order to elicit maximum response and encourage respondents to be candid about their perceptions of the agency. Survey results were mixed with respect to employee perceptions of the working environment at DPD. For example, most respondents believe that DPD is a good organization to work for and are satisfied with their jobs. However, most respondents felt that department leaders struggled with communicating effectively with personnel, that discipline is administered inconsistently, and that there are shortcomings in holding personnel accountable for poor performances. Workplace Environment and Procedural Justice As PERF heard from DPD personnel about their perceptions of the department,both in person as well as via the anonymous survey, we realized that a discussion of the principles of internal procedural justice would be of value to the agency in order to promote a sense of transparency, openness, and fairness. "PERF and COPS Office,2011 Electronic Control Weapons Guidelines. hlW://www.policeforum.ora/assets/docs/Free_Online_Documents/Use_of Force/electronic%20control%20weapon %20 guidelines%202011.pdf. "Ibid. See also PERF, Guiding Principles on Use of Force. http://www.policeforum.or /ate ug idingprinciplesl.pdf. 78 126 CONCLUSION For example, DPD should hold periodic department-wide meetings to inform employees about potential changes in DPD and to solicit their feedback. Such meetings should involve both sworn and civilian employees. "Listening"meetings can be held by the chief as needed to elicit feedback on issues that DPD employees may have. Opportunities for encouraging mentoring relationships among staff members should be encouraged. Such programs should occur on a regular, ongoing basis. PERF learned that DPD is in the process of implementing several changes to help promote communication and transparency. Moving Forward The Denton Police Department is made up of talented and dedicated officers and civilians who are committed to serving the City of Denton and its residents. City officials are committed to improving the agency's core business practices. One of the most important things PERF can recommend is improving internal procedural justice at DPD, to promote fairness and equity among its employees. One important step that DPD can take in this regard is to share the results of this report with its members. This can be accomplished by disseminating the report agency-wide and organizing a series of open forums where employees can discuss the report and their concerns with the chief of police and command staff. DPD has many excellent employees and a unique opportunity to make improvements to take the agency to the next level. PERF wrote this report to serve as a guide for implementing these efforts. 79 127 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY APPENDIX - DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY The Police Executive Research Forum(PERF)has been hired by the City of Denton to examine current police practices. As part of this process, PERF is conducting a climate survey of the Denton Police Department. Our role is to understand how employees feel about several aspects of the department and their role within the organization. This survey is confidential and the content will be submitted directly to PERF. No individual responses will be shared with the department. Results from the surveys will only be reported as aggregate numbers and broad summaries of comments without a way to identify individual respondents. You may stop the survey at any time or not answer questions. The survey should take between 15-20 minutes to complete. Your candid and honest responses are critical for PERF's ability to provide an independent and accurate assessment of the Denton Police Department. If you have any questions about the survey,please contact Dr. Meredith Mouser at(202)454- 8318 or mmouserkpoliceforum.org. Additionally, you can learn more about PERF at www.policeforum.org. PERF thanks you in advance for your participation. DEMOGRAPHIC QUESTIONS Gender Male Female Other Highest Level of Education High school graduate/GED Some college, no degree Associate's degree Bachelor's degree Master's degree Professional degree (JD, PhD) Race (check all that apply) American Indian/Alaskan Native Asian/Pacific Islander Black/African American White/Caucasian Other Ethnicity Yes, of Hispanic origin No, not of Hispanic origin Years of service at DPD 0-5 years 6-10 years 11-15 years 16-20 years More than 20 years Employee type Sworn Non-Sworn 80 128 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY Please indicate the level to which you agree with each of the following statements. ORGANIZATIONAL COMMITMENT AND JOB SATISFACTION Strongly Neutral/No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) I am proud to tell others that I work for this department. I feel very little loyalty to this department. I tell my friends and family that this is a good organization to work for. This department really inspires the best in me in the way of my job performance. I really care about the fate of this department. I feel myself to be part of this department. I would not recommend a close friend to join this department. I find that my values and the department's values are very similar. I feel fairly well satisfied with my job. I like my job better than the average worker does. Most days I am enthusiastic about my job. I enjoy my roles and responsibilities at my j ob. I definitely dislike my job. For the section above, please provide additional comments if you feel strongly about the answers you have provided. 81 129 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY WORK ENVIRONMENT Strongly Neutral/No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) I find myself in conflicts with coworkers that escalate into angry exchanges. Employees treat each other the same, regardless of their racial/ethnic group. Employees treat each other the same, regardless of their gender. Employees treat each other the same, regardless of their sexual orientation. Overall, the environment of this department encourages employees to behave in an equitable, inclusive, and respectful manner. My work environment is more uncomfortable than it should be. I have positive relationships with my coworkers. The working relationship between sworn and non-sworn employees is constructive toward achieving department goals. The department rewards the efforts of employees who do outstanding work. As an employee of this department, I am treated with respect. As an employee of this department, I receive fair treatment. I know what resources are available to me if I need to discuss a workplace- related complaint. For the section above, please provide additional comments if you feel strongly about the answers you have provided. 82 130 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY COMMUNICATION Strongly Neutral/No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) I feel free to express my opinions in my job without worrying about negative results. Department leaders do a poor job of informing employees about matters affecting us. Information about things relevant to my job are communicated in a timely manner. I am satisfied with the information I receive from management on what is going on in the department. The rationale behind important decisions that impact me is communicated effectively. Employees are asked for input regarding decisions that will affect them. I am dissatisfied with my involvement in decisions that affect my work. For the section above, please provide additional comments if you feel strongly about the answers you have provided. SUPERVISION Strongly Neutral/No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) My immediate supervisor treats the employees he or she supervises with respect. Generally, the supervision in my department favorably affects my work and moral. My immediate supervisor is available to me when I have questions or need help. I am often unclear about just what is expected of me on the job. 83 131 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY Employees who perform their jobs well are recognized by their immediate supervisors for their contributions. The supervisors in this department treat their subordinates fairly. The supervisors in this department show favoritism. My immediate supervisor is familiar enough with my job performance to fairly evaluate me. My job performance is reviewed in person with me at least one time each year. The standards used to evaluate my performance have been fair and objective. I receive inaccurate feedback pertaining to my job performance. I receive useful recommendations on how I can improve my job performance. I have little trust in my supervisor's evaluation of my work performance. For the section above, please provide additional comments if you feel strongly about the answers you have provided. LEADERSHIP Strongly Neutral/No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) Morale among employees is good. I have doubts about the department's leadership. Department leaders can be trusted. Clear goals for the department are established by its leaders. The department is managed ineffectively by its leaders. Employees who consistently do a poor job are held accountable. Employees who violate department policies are held accountable. 84 132 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY Department leaders model equitable, inclusive, and respectful behavior in interactions with employees. The disciplinary process is unfair at this department. For the section above, please provide additional comments if you feel strongly about the answers you have provided. TRAINING AND RESOURCES Strongly Neutral No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) I have the equipment and supplies I need to do my job. The equipment I need for my job is in poor condition. I have access to information I need to do my job. I received the necessary training to do my job. I have opportunities to attend training courses that assist me in doing my job. Employees of this department receive high quality training. My training did not prepare me well for my actual work. My job makes poor use of my training. The frequency with which training opportunities are provided meet my needs as an employee. For the section above, please provide additional comments if you feel strongly about the answers you have provided. 85 133 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY HIRING, PROFESSIONAL DEVELOPMENT/SPECIAL ASSIGNMENTS, & PROMOTIONS Strongly Neutral/No Strongly disagree Disagree opinion Agree agree (1) (2) (3) (4) (5) Special assignments and professional development opportunities are provided to those who demonstrate appropriate work performance. The department has an ineffective system for determining special assignments or professional development opportunities. The department has an ineffective system for promotion. The department is unfair in its hiring practices. Promotions are seldom related to employee performance. Promotions are more related to whom you know rather than the quality of your work. There is a fair opportunity to be promoted. I feel that there are opportunities for upward mobility in this department. In the promotion process, how much emphasis should there be on the following? Less Same More Not used emphasis emphasis emphasis at all Written exams Assessment from outside of the department(e.g., independent reviewers) Employee performance evaluations Seniority Interview In determining special assignments or professional development opportunities, how much emphasis should there be on the following? Less Same More Not used emphasis emphasis emphasis at all Written exams Assessment from outside of the department(e.g., independent reviewers) 86 134 APPENDIX-DENTON POLICE DEPARTMENT ORGANIZATIONAL CLIMATE SURVEY Employee performance evaluations Seniority Interview Please indicate which of the following you believe to be true. Regarding special assignments/professional development opportunities and promotions... Whites are treated better than minorities Minorities are treated better than whites Whites and minorities are treated about the same Regarding special assignments/professional development opportunities and promotions... Men are treated better than women Women are treated better than men Men and women are treated about the same For the section above, please provide additional comments if you feel strongly about the answers you have provided. Are there ways the department could improve the overall environment within the agency as well as better serve the community? Is there anything else important you feel we should know? 87 135 IITY Engineering Department DE1 NTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8910 June 19, 2020 RE:TxDOT Construction Hours Updated on US 77/Locust Street Reconstruction Project Dear Resident or Property Owner: We are contacting you to update you on the status of the active construction on US 77/ Locust Street. This project is managed by the Texas Department of Transportation (TxDOT).The improvement project will reconstruct US 77/Locust Street from E. McKinney Street to Loop 288 (see map attached). On Monday,June 8,TxDOT began completing base repairs and street reconstruction on US 77/ Locust Street from E. McKinney Street to Loop 288. Residents in the area contacted City staff and Council Members with concerns of TxDOT construction crews working outside the normal workday hours. City staff contacted TxDOT to request the construction schedule be changed to normal construction hours for the remainder of the project. TxDOT crews completed a portion of construction Thursday,June 18 and discontinued evening work hours. Beginning Monday,June 22,TxDOT crews will continue construction Monday through Friday from 7 a.m.to 7 p.m. for the remainder of the project. Weather permitting,the US 77/Locust Street project is planned to continue ahead of schedule to be completed by late July 2020. Property owners and motorist traveling in the area can expect to see crews completing street reconstruction in the weeks ahead. Future temporary lanes closures will be required to allow crews to safely complete construction.To keep you updated,TxDOT publishes project closure information online at www.drivetexas.org. Residents can also sign up to receive email alerts for planned lane and street closures on the City's construction website, www.improvingdenton.com. Please reference the list below for questions or concerns pertaining to the US 77/ Locust Street Reconstruction project.All utility questions can be directed to the City of Denton project manager. All question related to road work or traffic control should be directed to TxDOT. Rebecca Diviney City of Denton Rebecca.Diviney@cityofdenton.com Deputy City Engineer (940) 349-8461 Stacy Clark TxDOT Stacy.clark@txdot.gov Project Manager/Denton Office (817) 504-6696 Visit www.improvingdenton.com for more information about the US 377 and to stay updated on current and upcoming planned projects from the City, sign up for email notifications, and view construction maps. IMPROVING DENTC OUR CORE VALUES Integrity •Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/AREA www.cityofdenton.com TDD(800)735-2989 136 Low 2" — -- - i11 tt71 - - - i loop 7r s . l r�r JI+I Tl 1—.JM rNr trc J.1 l.r� E4:1pt 3 s pot LOa 2 j[ 3 -41 I d3 s� NtY W►.Ofar pN f E Ir r P �� w#0koom www► v� �^a W416 wwwwv Ofty Legend [m•ry Y.•ew i _ w Construction _ The City of Denim has prepAted this imp lot dqjvtmwAal uw-Th is is not art officam map Ul US nither*y reference putpomm only.This map is the piopertyof the City d Denton,ard has beeri nwft available to the pubUc baset!on the Public Information Art Die My of Denton • 137No wartaremm mcmassed or impled am provKled for the dam hairairt its um or its ' x wn.caw.s,x F w.e Stroh _ lcnpweScro+f L t statement . J, . 2] y� 1 j Date: June 19, 2020 Report No. 2020-058 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The Supreme Court of the United States (the Court) issued its ruling in the Bostock v. Clayton County, Georgia case regarding employment discrimination. BACKGROUND: The Court combined three cases to rule on the question of whether or not Title VII of the Civil Rights Act prohibits discrimination in employment based on sexual orientation and gender identity. On June 15,the Court issued the 6-3 majority opinion(attached)holding that Title VII of the Civil Rights Act of 1964 also covers sexual orientation and transgender status, making it illegal for employers to discriminate because of a person's sex. This ruling upholds those from lower courts who ruled sexual orientation discrimination was a form of sex discrimination. DISCUSSION: Court Ruling The Court wrote in its decision that an employer violates Title VII when it intentionally fires an individual employee based in part on sex. The Court further discussed that since "discrimination requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII". Justice Neil Gorsuch opined for the majority in the Court's ruling and specifically mentioned that no other federal or state laws prohibiting sex discrimination were brought before the Court to hear in this case, and that the Court does not "purport to address bathrooms, locker rooms, or anything else of the kind." Justice Gorsuch also made it a point to mention for those concerned about potential violations of religious freedoms that religious freedom was not a question put before the Court in this case. Equal Employment Opportunity Commission (EEOC) If an individual believes they have been unlawfully discriminated against in employment matters on the basis of sexual orientation or gender identity, they can file a complaint through the EEOC. The EEOC is currently in process of updating its website with more information based on the Supreme Court's decision in Bostock V. Clayton as noted here: https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-and-enforcement-protections- lRbt-workers. Prior Council Discussion On Feb. 25, 2020, staff presented a work session to City Council with research on comprehensive non-discrimination ordinances.A copy of the presentation and materials are available here.Among many topics, the presentation addressed an overview of federal and state non-discrimination laws 138 Date: June 19, 2020 Report No. 2020-058 in the areas of employment, housing, and public accommodations. With the 3 cases before the Supreme Court regarding employment, Council provided direction that they wished to wait on further discussion or analysis until the Court decisions were released as the federal ruling would apply to all states and municipalities. SOURCE: Link: Bostock v. Clayton County, Georgia. STAFF CONTACT: Catherine Clifton Deputy City Attorney Catherine.Clifton@cityofdenton.com (940) 349-8132 Rachel Balthrop Mendoza Assistant to the City Manager Rachel.Mendoza@cityofdenton.com (940) 349-8420 139 Date: June 19,2020 Report No. 2020-059 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: FY 2019-20 Denton Energy Center(DEC)YTD March and April 2020 Dashboards BACKGROUND: Attached are the March and April 2020 FY 2019-20 Dashboards for the Denton Energy Center. The dashboards are intended to give a snapshot of relevant DEC metrics. The dashboards highlight the following: • The Emission Charts (based on calendar year) display the March and April engine runtime hours, starts, stops, monthly and annual emissions totals and limits. • DEC MWh Generation and Gross Revenue for FY 2019-20 through April 2020. o The DEC ran 26,426 MWh less through April of FY 2019-20 compared to FY 2018-19. This resulted in $968,000 less in DEC Revenue. • A DEC financial summary showing March and April FY 2018-19 Actuals, FY 2019-20 Budget, Actuals as of March and April 2020 and the FY2019-20 end of year projections. o The FY 2019-20 year-end projections have been updated to show a$1.5 Million decrease in DEC fuel cost. • The Plant Monthly Run Hour Comparison Graph illustrates the monthly plant run times. • The Key Trends section explains variances in revenues and expenses. o Due to running fewer hours through April, fuel cost was approximately $1.56 Million lower. o The DEC Net Income through April($6.48)which is expected for the first seven months of the fiscal year. o The DEC Gross Margin through April was $4.9 Million which is $3.4 Million higher than budgeted due to higher DEC Revenue in October and November. (The Gross Margin=DEC Revenue—Fuel cost—Variable Operating & Maintenance cost.) Gross Margin represents the component of revenue available to pay fixed cost including debt. ATTACHMENT(S): Denton Energy Center(DEC) Dashboard STAFF CONTACTS: Antonio Puente,Jr. CFO/DME General Manager (940) 349-8487 antonio.puente@cityofdenton.com Nick Vincent Assistant Director of Finance (940) 349-8063 nicholas.vincent@cityofdenton.com 140 City of Denton, Texas CITY °F FY 2019-20 Denton Energy Center DENTON YTD April 2020 Dashboard Emissions April 2020 Volatile Particulate Particulate Carbon Engine Nitrogen Carbon Organic Matter<10 Matter<2.5 Sulphur Dioxide Runtime Hot Warm Cold Oxides Monoxide Compound microns microns Dioxide Ammonia Equivalents Description (hours)* Starts Starts Starts Stops Description (NOx) (CO) (VOC) (PMlo) (PM2.5) (S02) (NH3) (CO2e) DEC Monthly Emissions Total(tons) 1.25 1.19 0.76 0.54 0.54 0.01 0.11 4,319.00 Engines(1-12) DEC Annual Permit Limit Operations(tons)** 29.78 93.52 48.16 69.72 69.72 1.45 60.90 Monthly Plant Emissions per DEC Permit Limit 4.19% 1.27% 1.58% 0.77% 0.77% 0.71% 0.18% Annual to Date Plant Emissions per DEC Permit Limit 20.20% 6.30% 8.50% 3.80% 3.80% 3.70% 0.80% *Over the past 12 months,the DEC engines ran 16%of the time. During the month of April,the DEC engines ran 9%of the time. **Operations Annual Limit accounts for Balance of Plant standard emissions Generation&Gross Revenues Plant Monthly Run Hour Comparison Month Revenue MWh $/MWh 3.sao Oct-19 $2,043,727 16,344 $125.04 oao 2.885 Nov-19 $1,152,356 16,168 $71.27 2,366 2,232 Dec-19 $126,950 2,159 $58.80 2.116 o 2.000 -- - Jan-20 $239,366 2,671 $89.62 x � 1,489 Feb-20 $676,548 9,466 $71.47 Im i.sm 13 0 - i.zgi i,oas Mar-20 $1,561,657 18,209 $85.76 1,00D 877 - 749 Apr-20 $889,878 8,765 $101.52 sao zi7 z79 Total FY 2019-20 $6,690,482 73,782 $90.68 FY 2018-19 FY 2019-20 FY 2019-20 FY 2019-20 YTD ACTUALS** BUDGET YTD PROJECTION DEC REVENUE* $ 7.66 $ 25.07 $ 6.69 $ 25.07 Operating Month EXPENDITURE SUMMARY Energy Expense-Fuel $ 3.25 $ 12.48 $ 1.69 $ 11.00 Personnel Services 0.91 2.22 1.03 1.80 TrendsKey Materials&Supplies 0.11 0.44 0.20 0.39 For the first 7 months of FY 2019-20,the DEC produced 26,426 MWh less than the same period of FY 2018-19. This Maintenance&Repair 0.09 0.56 0.02 0.56 resulted in approximately$968,000less in revenues and$2.3 Million more in total expenses for the same time period. Insurance 0.01 0.50 0.01 1.08 This increase was due to the annual debt service payment increasing from$10 M to$18 M in FY 19-20. As of April 30, Miscellaneous 0.00 0.00 0.00 0.00 2020,expenditures exceed revenues by$6.48 Million which is expected for this period of the fiscal year. The FY 2019-20 Operations 0.12 0.48 0.12 0.38 Estimate includes a$1.5 Million reduction in fuel cost based on fewer estimated run hours,and a$420,000 reduction in Debt Service-Principal 2.99 7.47 4.33 7.47 Personnel Services is anticipated as a result of vacancies. The FY 2019-20 Estimate for Insurance has increased by Debt Service-Interest 3.37 9.80 5.74 9.80 $580,218 as a result of an increase in the cost of DEC property insurance and the acquisition of outage insurance. Interfund Transfers 0.00 0.05 0.03 0.05 Through April 2020 the DEC Gross Margin was$4.9 Million which is$3.4 Million higher than budgeted for the same period Transfer to Capital Projects - 0.02 - 0.02 (Gross Margin=DEC Revenue-Fuel Cost-Variable Operating&Maintenance Cost). This is due to higher revenue in each DEC EXPENDITURES $ 10.85 $ 34.03 $ 13.17 $ 32.55 month this fiscal year except December and January than anticipated. DEC NET INCOME $ (3.19) $ (8.95) $ (6.48) $ (7.48) Updates in the DEC Revenue and Energy Expenses for FY 2019-20 year-end projections show a$(7.48)Million Net Income *Preliminary,Unaudited Figures co"lred to the$(8.95)Million Net Income shown in the FY 2019-20 budget. **Represents same period(7 months)as FY 2019-20 YTD for comparison purposes. Total Net Note: All dollar figures presented are in million of dollars. Income for FY 2018-19 was$14.22 M. City of Denton, Texas CITY °F FY 2019-20 Denton Energy Center DENTON YTD March 2020 Dashboard Emissions March 2020 Volatile Particulate Particulate Carbon Engine Nitrogen Carbon Organic Matter<10 Matter<2.5 Sulphur Dioxide Runtime Hot Warm Cold Oxides Monoxide Compound microns microns Dioxide Ammonia Equivalents Description (hours) Start s Starts Starts Stops Description (NOx) (CO) (VOC) (PMlo) (PM2.5) (SOZ) (NH3) (CO2e) DEC Monthly Emissions Total(tons) 1.75 1.73 1.29 0.99 0.99 0.02 0.21 8,980.00 Engines(1-12) 1, DEC Annual Permit Limit Operations(tons)* 29.78 93.52 48.16 69.72 69.72 1.45 60.90 Monthly Plant Emissions per DEC Permit Limit 5.88% 1.85% 2.68% 1.42% 1.42% 1.28% 0.35% Annual to Date Plant Emissions per DEC Permit Limit 16.00% 5.10% 6.90% 3.00% 3.00% 3.00% 0.60% *Operations Annual Limit accounts for Balance of Plant standard emissions Generation&Gross Revenues Plant Monthly Run Hour Comparison Month Revenue MWh $/MWh Oct-19 $2,043,727 16,344 $125.04 2,985 Nov-19 $1,152,356 16,168 $71.27 Dec-19 $126,950 2,159 $58.80 zsx z,zsa__ 2,366 N Jan-20 1 $239,366 2,671 $89.62 2,116 Feb-20 $676,548 9,466 $71.47 S 2.0� Mar-20 $1,561,657 18,209 $85.76 1.458 1,489 O=C 1.500 - Total FY 2019-20 $5,800,604 1 65,017 $89.22 1.045 coo 877 FY 2018-19 FY 2019-20 FY 2019-20 FY 2019-20 YTD ACTUALS** BUDGET YTD PROJECTION sao z17 DEC REVENUE* $ 6.70 $ 25.07 $ 5.80 $ 26.07 EXPENDITURE SUMMARY Energy Expense-Fuel $ 2.87 $ 12.48 $ 1.51 $ 11.00 Personnel Services 0.75 2.22 0.88 2.22 Operating Month Materials&Supplies 0.11 0.44 0.18 0.44 Maintenance&Repair 0.05 0.56 0.01 0.56 Insurance 0.01 0.50 0.01 0.50 Key Trends Miscellaneous - - - 0.00 Operations 0.11 0.48 0.11 0.48 For the 2nd Quarter of FY 2019-20,the DEC produced 20,725 MWh less than the same period of FY 2018-19. This resulted Debt Service-Principal 2.39 7.47 3.71 7.47 in approximately$900,000 less in revenues and$2.5 Million more in total expenses for the same time period. This increase was due to the annual debt service payment increasing from$10 M to$18 M in FY 19-20. As of March 31,2020, Debt Service-Interest 2.52 9.80 4.93 9.80 expenditures exceed revenues by$5.6 Million which is expected for this period of the fiscal year. Interfund Transfers 0.00 0.05 0.03 0.05 Transfer to Capital Projects - 0.02 - 0.02 Through March 2020 the DEC Gross Margin was$4.2 Million which is$2.8 Million higher than budgeted for the same DEC EXPENDITURES $ 8.81 $ 34.02 $ 11.37 $ 32.55 period(Gross Margin=DEC Revenue-Fuel Cost-Variable Operating&Maintenance Cost). This is due to higher revenue $ $ $ $ in October and November than anticipated. DEC NET INCOME $ (2.11) $ (8.95) $ (5.57) $ (6.48) Updates in the DEC Revenue and Energy Expenses for FY 2019-20 year-end projections show a$(6.48)Million Net Income *Preliminary,Unaudited Figures cormed to the$(8.95)Million Net Income shown in the FY 2019-20 budget. **Represents same period(6 months)as FY 2019-20 YTD for comparison purposes. Total Net Note: All dollar figures presented are in million of dollars. Income for FY 2018-19 was$14.22 M. Council Requests for Information Council Member Requestor Date Summary of Request Staff Assigned Department Comments Council Member Briggs 02/03/20 Would like to request council discuss a citywide public health study. Balthrop Mendoza City Manager's Office Request will be presented during a future Pending http://www.austintexas.gov/sites/defaulVfiles/files/Health/info_to_PosVHe Request work session althKeport-linlked.pdt Like this Council Member Davis 05/19/20 Disconnected fragments of streets that share the same name(i.e. Estes/McDonald Capital Projects/Development Information will be provided in the June 26 Friday Report Westgate, Riney,etc.)cause considerable confusion. I'd like to make a Services 2 very surface level catalog of these streets and see if there aren't some easy fixes we could make.For example,the East-West part of Westgate is an easy switch,while East Oak is not. 3 Council Member Briggs 06/03/20 In the light of recent events and calls from the community, I would like Dixon Police Request will be presented during a future Pending ask for a Work session on police review/oversight board Request work session Council Member Briggs 16/05/20 There have been many task forces and groups convened by city over the Information will be provided in a future Friday Report 4 years where poc were asked to serve to address race and racial injustice (Ex. Diversifying the fire dept)can city research and create list of these groups and identify reports/recommendations? 5 Mayor Pro Tern Hudspeth 06/09/20 Can staff send the PERF report and any updates on the Dixon Police Information will be provided in the June 19 Friday Report recommendations? 6 Council Member Davis 06/10/20 How much money ALL local,state,and federal agencies spend on social Birdseye/Gaines City Manager's Office/Finance Information will be provided in the June 26 Friday Report services,education,public health,etc.in Denton. Council Member Davis 06/11/20 Do we know when Cleveland Gibbs Road(in Northlake)will be Estes Capital Projects Information will be provided in the June 19 Friday Report 7 connected through,giving better access to Fire Station 514 that we participate in? 8 Council Member Briggs 06/12/20 Do we allow no knock warrants?We are getting questions about passing Dixon Police Information will be provided in a future Friday Report Breonna Taylor's law. 9 Council Member Davis 06/12/20 Can staff look into placement of a traffic light in Justice Plaza(at/near Jahn Capital Projects Information will be provided in the June 19 Friday Report intersection of Janine&E.McKinney)? 10 Council Member Davis 06/15/20 Can we add online requests(via form or email)for solid waste pick ups? Boerner Solid Waste and Recycling Information will be provided in a future Friday Report Scheduling only by phone can be problematic. 11 Council Member Briggs 06/15/20 Can staff address the resident's email about scheduling online solid Boerner Solid Waste and Recycling Information will be provided in a future Friday Report waste services? 12 Council Member Briggs 06/15/20 Can the PD legally tow right now for outdated inspections?Is this Dixon Police Information will be provided in a future Friday Report something the City can put on hold? Council Member Armintor 06/15/20 1 want to make a 1-minute pitch for Council to pass the Breonna Taylor Kuechler Public Affairs Information will be provided in a future Friday Report 13 law,banning no-knock warrants in city of Denton: https://www.washi ngtonpost.com/nation/2020/06/12/Louisville-breon na- ay or-aw Council Member Armintor 06/15/20 1 want to bring back my old pitch for a community oversight board. I know Dixon Police Request will be presented during a future Pending it failed last time,but the public is demanding it now,and people are Request work session 141 paying attention like never before. I believe Council owes it to the public to at least reconsider.I believe there was a report with it when I last fight it forward on community oversight boards in other cities? Council Member Armintor 06/15/20 1 would also like to bring back my my previous one-minute pitch to repeal Kuechler Public Affairs Request will be presented during a future Pending our ordinances that experts,advocacy groups,and my homeless Request work session 15 constituents both say criminalize homelessness(see earlier staff report for the list).The public interest in law enforcement reform and civil liberties 16 Council Member Armintor 06/15/20 1 would also like to get my engine brake ban request back in the queue, Balthrop Mendoza City Manager's Office Request will be presented during a future Pending after the two reforms above. I decided to pull it because of covid-19. Request work session Council Member Armintor 06/15/20 Now that the Supremes have ruled in favor of trans civil rights Kuechler Public Affairs Request will be presented during a future Pending protections in employment,can we please make room at our next posted Request work session 17 meeting(or the next posted meeting after that?)to continue our deliberation on a comprehensive anti-discrimination ordinance for Denton? 18 Council Member Briggs 06/15/20 Can we review the LBGTQ Supreme Court ruling and update policy Kuechler Public Affairs Information will be provided in the June 19 Friday Report where appropriate? 19 Council Member Armintor 06/16/20 Can staff address the resident's email about scheduling online solid Boerner Solid Waste and Recycling Information will be provided in a future Friday Report waste services? 20 Council Member Briggs 06/16/20 Can we use the brown bin for other organic material besides leaves, Boerner Solid Waste and Recycling Information will be provided in a future Friday Report grass?If so,can we update waste wizard? 21 Council Member Briggs 06/16/20 Can staff check on the raw sewage leak at 1920 apartments again? McDonald Development Services Information will be provided in the June 19 Friday Report Council Member Davis 06/16/20 Apparently the maximum number of books you can check out from the Bekker Library Information will be provided in the June 19 Friday Report library is 75(!)at one time,depending on how many other types of items 22 you have checked out..Maybe teachers,researchers,or homeschoolers need that many,but could I get a short report on why the limit is so high, how many patrons currently have 30+books checked out,and whether or not these"super patrons"affect item availability for other patrons. 23 Council Member Meltzer 06/16/20 Can staff follow up with resident on Scripture about her driveway Draper Capital Projects Information will be provided in the June 19 Friday Report replacement related to construction? 24 Council Member Briggs 06/17/20 Can staff address the construction concerns on Woodland/Roberts/and Deshmukh Water Utilities Information will be provided in the June 19 Friday Report Cherrywood? Council Member Requestor FDate Summary of Request Staff Assigned Department Comments 25 Council Member Briggs 06/18/20 Can staff provide an update to the resident inquiring about the work Estes Capital Projects Information will be provided in a future Friday Report being done on Sherman&Windsor? 144 June 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 Cancelled - 11:30 am 1:00 pm CC Work Cancelled - 2:30pm Cancelled-8:30DEDC Councilluncheon Session Agenda Committee Cancelled-COE 1:30 6:30 pm CC Re gula r 1:00 Public Art Committee Cancelled-Traffic Session Safety Commission i 5:00pmP&ZWorkSession 5:30 pm 6:30pmP&ZRegularSession 7 8 9 10 11 12 13 PUB 9am 1:00 pm 2nd Tuesday Cancelled - 2:30pm HOT&S Committee Session Agenda Committee 10am HLC 3:00pm Cancelled-Mobility Committee Meeting 9:00 am 14 15 16 17 18 19 120 2:00 pm CC Work No- 2:30pm Cancelled-6:00pm Session Agenda Committee Committee on Persons 6:30 pm CC Regular S:01pmP&ZWorkSession with Disabilities Session 6:30pm P&Z Regular Session Cancelled-HABSCO 4pm 21 22 23 24 25 26 27 PUB 9am 8:00 am CC Closed 11.00EDPB 9:00am COE 2:30pm Council Airport 2:00 pm CC Work 3:00PM Board of Committee 3:00 Public Art Committee Session No- 2:30pm Ethics Agenda Committee 6pm Use-Of-Force Committee 28 29 30 ZBA 5:30pm No Council Meeting 145 July 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 8:30DEDC 411 of July 4:00 Public Art Committee Holiday 5 6 7 8 9 10 11 No Luncheon Meeting No CouncilMeeting 11:00EDPB Cancelled-COE 1:30 2:30pm Agenda Committee Traffic Safety 5:00pm P&Z Work Session Commission 5:30 pm 5:30 Airport Advisory Board 6:30pm P&Z Regular Session 12 13 14 15 16 17 18 PUB 9am No CouncilMeeting 2:30pm Agenda 6:00pm Committee on Committee Persons WithDisabilities Mobility Committee HABSCO 4pm Meeting 9:00 am 19 20 21 22 23 24 25 HOT&S Tentative 2:00 pm CC Work 12:00T1F Board('IlR4 9-11 session 2:30pm Agenda 6:30 pm CC Regular Committee Se s sio n 5:00pm P&Z Work Session 6:30pm P&Z Regular Ses s ion 26 27 28 29 30 31 'UB 9am loam Council Airport 2:30pm Agenda 5:30PM Board of ZBA 5:30pm Committee Committee Ethics 2:00 pm 4th Tuesday Session 146 August 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 11:30 am Council 2:00 pm CC Work 2:30pm Agenda 8:30 am Council Budget Luncheon Session Committee Workshop 6:30 pm CC Regular 5:00pmP&ZWorkSession 8:30DEDC COE 1:30 Session 6:30pmP&ZRegularSession 4:00 Public Art Committee Traffic Safety Commission 5:30 pm 9 10 11 12 113 14 15 PUB 9am 2:00 pm 2nd Tuesday 11:00EDPB Session 2:30pm Agenda Mobility Committee Committee Meeting 9:00 am 5:30 Airport Advisory Board 16 17 18 19 20 21 22 2:00 pm CC Work 2:30pm Agenda 6:00pmCommittee on Se ssion Committee Persons With Disabilities 6:30 pm CC Regular 5:00pmP&ZWorkSession HABSCO 4pm Se ss io n 6:30pm P&Z Regular Session 23 24 25 26 27 28 29 PUB 9am 10am CouncilAnport 5:30PM Board of Committee Ethics 2:00 pm 4th Tuesday Session 30 31 ZBA 5:30pm 147 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,June 30,2020 1:00 PM Council Work Session Room SPECIAL CALLED MEETING WORK SESSION BEGINS AT 1:00 P.M.IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM Note: Mayor Chris Watts, Mayor Pro Tern Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and special called meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the June 30, 2020 City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card — On June 26, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting,as applicable. OR Page 1 Printed on 611912020 148 City Council Meeting Agenda June 30, 2020 • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item,no matter the method. • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 30, 2020, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 20-888 Receive a report, hold a discussion, and give staff direction regarding the proposed prioritization and implementation of the City's Capital Improvement Projects. B. ID 20-1185 Receive a report, hold a discussion, and give staff direction regarding the Economic Development Partnership and contract between the City of Denton and the Denton Chamber of Commerce. C. ID 20-806 Receive a report, hold a discussion, and give direction regarding the FY 2019-20 and FY 20-21 Budget Updates. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code,as amended,or as otherwise allowed by law. 1. Closed Meeting: Page 2 Printed on 611912020 149 City Council Meeting Agenda June 30, 2020 -- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE DELETED. — Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following items: 2. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — J This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. -- PLACEHOLDER IN THE EVENT A CONSENT AGENDA IS NEEDED; OTHERWISE, WILL BE DELETED. -- 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 20-1103 Consider adoption of an ordinance of the City Council of the of the City of Denton, Texas amending Chapter 25 of the Denton municipal code by adding Article 6 that establishes procedures and criteria for the granting of temporary, revocable, licenses for parklets as a means to reactivate downtown following the COVID-19 stay at home orders of 2020. 4. CONCLUDING ITEMS Page 3 Printed on 611912020 150 City Council Meeting Agenda June 30,2020 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the 26th day of June,2020 at CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 4 Printed on 611912020 151 FUTURE WORK SESSION ITEMS MATRIX As of June 19,2020 Meeting Date Currently Slated Work Session Items Business Utilization of Parking Spaces/ROW to Audit-Grants Audit-Grants One-Way/Two-Way Extend Outdoor Seatin Audit-Water Loss Management Management Discussions COVID Update Council Requests 23-Jun 20-1102 20-1009 20-1078 20-1078 20-245 20-1213 20-674 Special- Budget Workshop FYs 19-20 and 20-21 EDPB and Contract @ 1 p.m. Budget Updates CIP Update between City/Chamber 5/30/2020 20-806 20-888 20-1185 6,7&14-Jul No meetings Council Break Drop-Off Recycling Economic Development Denton Development COVID-19 Update Green Tree Estates Centers Strategic Plan Code Amendments Budget Updates Council Requests July 21 21-Ju1 20-1046 20-966 20-768 20-1130 20-1024 20-1151 20-847 COVID-19 Update Green Tree Estates Budget Updates Gas Well Council Requests July 28 28-Jul 20-1047 20-967 20-1153 PD Information Session 20-1186 20-848 3-Aug Luncheon COVID-19 Update Green Tree Estates Council Requests Aug.4 4-Aug 20-1204 20-968 20-1048 Special-Budget Workshop '6-Aug COVID-19 Update Council Requests Aug.11 11-Aug 20-1205 20-1049 COVID-19 Update Council Requests Aug 18 I8-Aug 20-1206 20-1050 DOVID-19 Update Council Requests Aug 25 25-Aug 20-1207 20-1051 Accessory Dwelling Units, and Screening Construction Code Review Group Home Code Library Master Plan Council Requests Sept.1 DCA19-0011 (TBD) Delegated Authority Amendment 20-526 20-1201 Qj OJ � Municipal Broadband Right Of Way Ordinance Sept.7&8-NO Meetings 20-556 Plugged Gas Wells Public Art Follow-up Stormwater Master Plan (Labor Day/Day After) f0 a � u, m ~ 2020 Mobility Plan O N Update' Council Requests Sept.15 0 TIF Grants for Accessibility 20-245 20-1202 V) Y O 3 Council Requests Sept.22 20-1203 Sept.29-No Meeting (National Night Out) Work Session Requests Community Public Art Veteran Source of Income Determined by Council and Community Tree [mallClIlLowsuit Housing Discrimination Date TBD Grants Ethics Ordinance Revision articipation Tree Ordinance Review Ordinance 152 Street Closure Report IMPROVING "TM Upcoming Closures F)FNT(CIN OF DENTON Week of June 22,2020-June 28,2020 Street/Intersection From To Closure Closure Description Department Upcoming Public Other I Department Start Date End Date Info/Notes Meeting Communication Contact Concrete Sidewalk Repair.The process starts with Barricading Brainy Trace Ct Bent Creek Cul v Sac 06/29/20 07/31/20 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Concrete Sidewalk Repair.The Old North process starts with Barricading E.Windsor Rd Armstrong 07/06/20 08/03/20 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Concrete Street Panel and Sidewalk Repair.The process Green Bend Winter Cul v sac 07/06/20 08/14/20 starts with Barricading the failed Streets N/A (940)349-7146 Creek sections of concrete pavement, remove the pavement,and install new concrete. 135E northbound service 500 ft west Wastewater Improvements road located of Bonnie TBD TBD (Temporary Lane Closures) Wastewater (940)349-8909 Brae Street Reconstruction Remove and replace curb and Mistywood Lane Woodhaven Jamestown 10/01/20 01/29/21 gutter as needed. Streets N/A (940)349-7146 Remove old asphalt and stabilize subgrade. Install asphalt pavement Robson East Side of 35W TBD TBD Wastewater Main Install Wastewater RR (Temporary Lane Closure) (940)349-8909 Street Reconstruction Mistywood Remove and replace curb and Rockwood Lane Royal Lane Lane 07/20/20 09/30/20 gutter as needed Streets N/A (940)349-7146 Remove the old asphalt and stabilize the subgrade Install asphalt pavement Drainage and Roadway Roselawn Dr. Bonnie Brae Kansas City TBD TBD Construction Engineering Part of Bonnie Brae Ph. (940)349-8910 Southern RR Bonnie Brae Phase 1 1 Capital Project (One Lane traffic control) Upcoming Closures 153 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Street Reconstruction Rockwood Mistywood Remove and replace curb and Royal Lane Lane Lane 07/20/20 09/30/20 gutter as needed. Streets N/A (940)349-7146 Remove old asphalt and stabilize subgrade. Install asphalt pavement. Thomas St. Panhandle Oak TBD TBD Streets Construction Capital Projects Part of 2019 Street (940)349-7104 Bundle Western Phased Road Reconstruction. Private West Oak St/Jim Chrystal Blvd. 135 07/06/20 07/27/20 There is an attached TCP with Development N/A (209)603-8077 4 phases as well as a schedule. Total 11 Upcoming Closures 154 Street Closure Report IMPROVING �n „F Current Closures F)F: NC DENTON Week of June 22,2020-June 28,2020 Street/Intersection From Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Bonnie Brae IH 35E Scripture 06/15/20 03/01/21 North South Water Main Phase Engineering, Direct business contact (940)349-8938 3 Water Curb and Concrete Repair.The Broken Arrow Dunes Burning 06/03/20 06/26/20 process starts with Barricading Streets N/A (940)349-7146 Tree the failed sections of,Curb remove and install back. Wastewater collections will be Brown Dr Roberts St Woodland St 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940)349-8909 main line and services Northwood Wastewater collections will be Cherrywood Ln Woodland St Tr 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940)349-8909 main line and services Water Distribution will be Cherrywood Ln Woodland St Roberts St 06/29/20 10/26/20 installing a new water main and Water N/A (940)349-7278 water services. 450 Feet This project will be removing The project sent out a Colorado Blvd Loop 288 north of 05/18/20 06/26/20 the left turn lane on the Floyd Smith mailout and door (940)349-7104 Loop 288 northbound side of Colorado Concrete hangers when the first Blvd into the Mall. phase started in April. 3201 Private Development:Drainage, Public Works Colorado Blvd Brinker Rd Colorado 02/17/20 07/06/20 Water,Sanitary Sewer,and Inspections, NextDoor,Direct (940)205-9230 Blvd Pavement for Fire Station#8 Private business contact Development Concrete Sidewalk Repair.The Broken process starts with Barricading Dunes Arrow Windsor 06/03/20 06/26/20 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Elm Hickory Prairie 05/11/20 07/31/20 PEC 4 Utility Project Engineering Direct business contact (940)349-8938 Upcoming Closures 155 Street/Intersection To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact 6/11/20:TxDOT to close Bent Oaks West of City of Teasley to facilitate Denton/Cori water line installation. FM 2181 nth City Lillian Miller 11/18/19 TBD Street Widening TxDOT Closure expected to last (940)349-8425 limits 3 weeks.Please refer to s.TXDOT message boards and construction signage for detour detail Ana Site Construction: Public Works Hickory Inspections, FM 2499 Pine Hills Creek Rd 03/27/20 07/01/20 Private NextDoor (940)205-9230 Water and Sewer Bore FM2499 Development Wastewater main replacement. Projects extents,Emerson from Emerson Circle to Foxcroft. Emerson Circle from Emerson Foxcroft Cir Emerson Ln Emerson Ln 01/30/20 07/17/20 to End Wastewater N/A (940)349-8909 Foxcroft from Emerson to Northcrest Foxcroft from Old North to Emerson Water Distribution will be Foxcroft Cir Emerson Ln Emerson Ln 03/09/20 09/17/20 replacing the water main and Water N/A (940)349-7278 water services. Ft.Worth Dr.(US 377) IH 35E Mission St 10/17/19 11/27/20 Infrastructure Safety Upgrades TxDOT (940)349-8938 (temporary closures) 0.26 mi Street Widening Ft.Worth Dr.(US 377) IH 35E south of FM 12/03/18 12/12/20 (Temporary Lane Closures TxDOT 10/08/19 (940)387-1414 1830 during non-peak traffic) Installing Valley Gutter across Greenwood at the intersection of Kayewood. The process Greenwood Kaywood Crestwood 06/15/20 07/03/20 starts with barricading then Streets N/A (940)349-7146 remove pavement and subgrade and install new concrete Valley Gutter. Completed removal and replace E.Sherman Huntington 06/04/20 07/31/20 of Hercules Lane in conjunction Public Works Email Notification,Door Hercules Lane Dr. Dr. of the added turn lanes for the Inspections hangers (940)391-6299 Sherman Crossing project. Concrete Sidewalk Repair.The process starts with Barricading Hickory Exposition Bradshaw 06/08/20 06/26/20 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Upcoming Closures 156 Street/Intersection Closure Closure Description Department Upcoming Public Other Department Start Date End Date AM Info/Notes Meeting Communication Contact Intersection back of Intermittent closures of this NextDoor,Email Hidden Meadows Trail with Vintage Vintage blvd 03/16/20 07/31/20 intersection for construction Engineering (940)349-8938 Blvd right of way activities Notification Tennyson Water Distribution will be Hollyhill Ln Longridge Dr Trl 03/06/20 06/26/20 replacing the water main and Water N/A (940)349-7278 water services. Construction is continuing thru COVID- 19.Please respect workers efforts in the field and always Install approximately 14,000 maintain social Southwest linear feet of 24-inch and 30- distancing. Johnson inch water main along Old John 6/19/20-Work near John Paine Road Pump Road 01/06/20 07/31/20 Paine and Allred between the Water Bonnie Brae and US NextDoor (940)349-8925 Station Southwest Pump Station and 377/Fort Worth Drive is South Bonnie Brae. underway. Work will be in the ROW but may impact shoulder and occasional travel lanes for equipment/material deliveries. This is a modification of the previous street closure for Direct business contact, Johnson Daugherty Smith 06/15/20 07/17/20 install new storm drain. Ground Drainage Direct contact with (940)349-7197 conditions have changed on the residents job site and will now require a full street closure. Install new storm drain from the Johnson St. Smith St. Daugherty 05/18/20 07/02/20 intersection of Smith and Drainage NextDoor (940)349-7197 St. Johnson to the intersection of Johnson and Daugherty. Kerley Street Duncan Shady Oaks 02/05/20 07/31/20 Street Reconstruction Streets (940)349-7146 Street Drive Storm drain improvements as part of Pec-4 Ph 1&amp;2 Locust St. Warren Ct. Maple 03/09/20 07/03/20 Project. West side lane Engineering Direct business contact (940)349-8938 closure until May 12th Changing to Eastside lane closure until May 29th. Intersection back of Intermittent closures of this Email Mockernut Rd. with Vintage Vintage 03/16/20 07/31/20 intersection for construction Engineering NextDoor, (940)349-8938 Blvd. Blvd.right of activities. Notification way Upcoming Closures 157 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date A Info/Notes Meeting Communication Contact Public Works N.Bell Ave Texas College 02/28/20 07/01/20 Building out west side of Inspections, NextDoor (940)205-9230 building Private Development Concrete Street Panel and Sidewalk Repair.The process N.Carroll W.Oak McKinney 06/08/20 08/28/20 starts with Barricading the failed Streets N/A (940)349-7146 St. sections of concrete pavement, remove the pavement,and install new concrete. Prairie Elm Pierce 06/01/20 08/28/20 PEC 4 Utilities Engineering NextDoor,Direct (940)349-8938 business contact Storm drain improvements,as Prairie St. Locust St. Elm St. 03/23/20 08/28/20 part of Pec-4 Ph 1&amp;2 Engineering Direct business contact (940)349-8938 Project. Street closed to thru traffic. Cherrywood Wastewater collections will be Roberts St Bell Ave Ln 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940)349-8909 main line and services. Roselawn Bonnie Brae Bernard 05/12/20 07/31/20 Bonnie Brae Phase 1 Engineering NextDoor (940)349-8938 The 2019 Street Reconstruction project consists of the reconstruction of roadways listed above.This Thomas reconstruction shall include new NextDoor,Email Scripture Street Street Malone 03/16/20 06/30/20 curb and gutter,ADA compliant Engineering Notification (940)349-7426 ramps in sidewalks,asphalt or concrete roadways as well as upgraded drainage,water and wastewater facilities intersection back of Intermittent closure of the NextDoor,Email Shagbark Dr with Vintage Vintage Blvd 03/16/20 07/31/20 intersection for construction Engineering (940)349-8938 Blvd right of way activities. Notification Concrete Sidewalk Repair.The process starts with Barricading the failed sections of concrete Vista Verde Montecito Intersection 06/08/20 06/26/20 Sidewalk,remove,and install Streets N/A (940)349-7146 new concrete Also installing Valley Gutters across Vista Verde at the intersections Warren Ct. Wainwright Locust St. 12/16/19 07/31/20 Drainage Improvements as part Engineering Closed to thru traffic Direct business contact, (940)349-8938 St. of Pec-4 Ph 1&2 Project door hangers Upcoming Closures 158 Street/Intersection off Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Mill and Overlay: Welch Street Welch Street Union Circle Eagle Drive 06/22/20 06/30/20 from Union Circle to Union Streets Notified LINT of the (940)349-7146 Circle and Highland to Eagle project limits. Drive. Windsor E.Sherman Nottingham 06/15/20 08/01/20 This closure is to install Engineering NextDoor (940)349-7426 underground utilities in this area Installation of sewer and water Windsor Drive North Locust Stuart 05/11/20 07/01/20 facilities. Engineering NextDoor (940)349-7426 Windsor Drive-Closed EB- Open one Way WB Cherrywood Wastewater collections will be Woodland St Brown Dr Ln 02/10/20 07/10/20 installing a new wastewater Wastewater N/A (940)349-8909 main line and services Cherrywood Water Distribution will be Woodland St Frame St Ln 06/29/20 10/26/20 installing a new water main and Water N/A (940)349-7278 water services. Total 41 Upcoming Closures 159 Street Closure Report IMPROVING "TM Completed Closures F)FNT(CIN OF DENTON Week of June 22,2020-June 28,2020 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Public Works Ave.C 1-35 Eagle 04/28/20 05/29/20 Garage completion and tear Inspections, NextDoor (940)205-9230 down of crane on private Private Development Concrete Street panel and Sidewalk repair. The process Spring starts with barricading the failed Bent Creek Kappwood Creek 01/06/20 04/24/20 sections of concrete pavement, Streets N/A (940)349-7146 remove the pavement and subgrade,and install new concrete pavement. Concrete Sidewalk Repair.The process starts with Barricading Broken Arrow Dunes Old Orchard 05/11/20 06/10/20 the failed sections of concrete Streets N/A (940)349-7146 sidewalk,remove,and install new concrete. Concrete Sidewalk Repair.The Hickory process starts with Barricading Chaucer Hemingway Creek 05/11/20 06/10/20 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete PEC 4 1&amp;2 Drainage and West bound Traffic Eagle Elm Locust 03/30/20 05/29/20 Utility Improvements Engineering being detoured down NextDoor,N/A (940)349-8938 Locust to Maple to Elm. Upcoming Closures 160 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact From 1/13/20 to 3/8/20, City's Contractor will be clearing trees and vegetation along the south side of Hickory Creek Rd.,from the west property line of McNair Elementary School to the Riverpass Street Widening Dr.intersection. This Phone call to McNair Hickory Creek Rd. Teasley Riverpass TBD TBD (Temporary Lane Closures) Engineering will not involve any lane Elementary Principal (940)349-7112 closures,but construction zone signage will be put up to warn motorists. Atmos still needs to relocate their facilities east of the Montecito intersection before our Contractor can fully deploy to the project. Sycamore Atmos Energy replacing/ Atmos,Public Atmos Energy IOOF Street Street Eagle Drive 06/22/20 08/28/20 upgrading 1,500ft of existing Works responsible for (940)205-3779 gas main,and 4 services. Inspections notification 5/20/20 Update-Project is still on schedule to re-open Johnson Road on May 31, 2020,Ideally sooner if weather/work permits. 3/25/20 Construction is continuing thru COVID-19. Just west of Please respect workers efforts Johnson Lane John Paine first 01/06/20 05/31/20 in the field and always maintain Water NextDoor (940)349-8925 Road driveway social distancing. Road closure is for the installation of new water main along Old John Paine Rd.and Allred Rd.between the Southwest Pump Station on John Paine Rd.near Parkplace Dr.and South Bonnie Brae St. Upcoming Closures 161 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Departme j Start Date End Date Info/Notes Meeting Communication Contact Atmos Energy is relocating/ Direct business contact, Daughtery replacing existing gas mains Atmos Energy to Johnson Street;Smith Dallas Drive 04/06/20 07/31/20 Atmos Street,at S and services for upcoming distribute door hangers, Street Locust reconstruction of Smith Street; place sign boards,and (940)268-7285 Street including gas main crossing notify residents in Johnson Street at Smith Street. person Sewer main improvements,as Locust St. Highland St Eagle Dr 03/09/20 05/29/20 part of Pec-4 Ph 1&amp;2 Engineering Direct business contact (940)349-8938 Project. West side lane closure. 5/28/20-Contractor Locust St. Oak McKinney 04/13/20 06/13/20 Sidewalk Improvements Engineering delayed due to weather (940)349-8910 and COVID related work slowdowns. Concrete Sidewalk Repair.The process starts with Barricading Mantan Calvert La Fonda 05/11/20 06/10/20 the failed sections of concrete Streets N/A (940)349-7176 Sidewalk,remove,and install new concrete Water Line improvements,as Maple St. Elm St. Myrtle St. 02/24/20 03/06/20 Part of Pec-4 Ph 1&amp;2 Engineering Direct business contact (940)349-7112 Project. Alternating lane closures. We will be reconstructing Direct business contact, Masch Branch U S 380 Jim Crystal 02/17/20 06/19/20 Masch Branch from 380 to Jim Streets Door hangers (940)349-7146 Crystal. Installation of new storm City PM will contact Montecito Dr. Hickory Buena Vista TBD TBD drainage line. Full street Engineering McNair Elementary (940)349-7112 Creek Rd. Dr. closure. Principal again on 2/7/20. Concrete Street Panel and Sidewalk Repair.The process Moss Creek Ft.Worth Dr. Bent Creek 05/11/20 06/10/20 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Water Distribution will be Old North Rd Chebi Ln Emerson Ln 05/18/20 06/05/20 replacing the water main and Water N/A (940)349-7125 water services on Foxcroft. Upcoming Closures 162 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Curb and Gutter Repair.The process starts with Barricading the failed sections of,Curb and Pembrooke Chasewood Long Ridge 04/20/20 05/29/20 Gutter remove and install Streets N/A (940)349-7146 Curbs. Also Mill and Overlay section of Street that was impacted with the curb repair. Prairie Locust Wainwright 06/01/20 06/19/20 PEC 4 Utilities Engineering NextDoor,Direct (940)349-8938 business contact Installation of new storm Rushing Springs Dr. Hickory Marble Cove TBD TBD drainage line. Intersection Engineering N/A (940)349-7112 Creek Rd. Ln. closure. Traffic will be detoured to Serenity Way. Water main improvements Alternating East and Direct business contact, S.Elm St. Prairie St. Eagle 03/16/20 05/29/20 along Elm St.as part of the Pec-Engineering West side lane closures Door hangers (940)349-8938 4 Ph 1&2 Project. Scripture Malone Lovell 06/20/20 06/21/20 Loading Crane from jobsite Private Email Notification (940)391-2956 Development North South Water Phase 2- Installation of 42"Water Main: Bonnie Brae is closed for South Bonnie Brae FM 1515 Walt Parker 06/05/20 06/10/20 pavement restoration efforts Engineering Email Notification (940)349-7713 between FM1515 and Willowwood Street. Part of ongoing closures as street restoration is performed. The 2019 Street Reconstruction project consists of the reconstruction of roadways listed above.This NextDoor,Email Thomas Street W.Oak Panhandle 03/16/20 06/15/20 reconstruction shall include new Engineering Notification,Direct (940)349-7426 curb and gutter,ADA compliant ramps in sidewalks,asphalt or business contact concrete roadways as well as upgraded drainage,water and wastewater facilities PEC 4 Drainage project.Road Eastside Lane closure Wainwright Highland ct Warren ct 04/27/20 05/29/20 Reconstruction Engineering for pavement repair N/A (940)349-8938 only. Total 25 Upcoming Closures 163