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
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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
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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
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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
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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.
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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
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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
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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)
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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
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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-
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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
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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.
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➢ 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.
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➢ 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
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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
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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.
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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."
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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)
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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SECTION I. DPD POLICIES AND PROCEDURES
Status: This recommendation has been implemented.
47
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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."
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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
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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.
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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"
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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&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&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&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&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&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