HomeMy WebLinkAboutMarch 6, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
March 6, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Special Called Work Session on Monday, March 6, 2006 at 11:30 a.m. in the
Council Work Session Room, 215 E. McKinney, Denton, Texas at which the following items
will be considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a Work Session, the City Council generally
receives informal and preliminary reports and information from City staff, officials, members of
City committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate in the session. Participation by individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public input. Although Work Sessions are public meetings, and citizens have a legal right to
attend, they are not public hearings, so citizens are not allowed to participate in the session
unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff
will generally prepare a final report defining the proposed action, which will be made available
to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear the views of
their fellow citizens without having to attend two meetings.
1. Receive a report, hold a discussion, and give staff direction on the Police Department's
guidelines and deployment strategy for the TASER less-than-lethal weapon.
2. Receive a report, hold a discussion, and give staff direction on the creation of a Council
Finance Committee and Budget Calendar.
3. Receive a briefing, hold a discussion and give staff direction on a process and review
criteria for State Assisted Multi-Family Housing programs including, but not limited to
the State's Multifamily Bond Program and the Low Income Housing Tax Credit program.
4. Receive a report, hold a discussion and provide staff direction concerning Verizon
Southwest's requests and associated Memorandum of Understanding for expedited
services in conjunction with the Fiber to the Premise (FTTP) project.
NOTE: 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,
including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
City of Denton City Council Agenda
March 6, 2006
Page 2
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 day of 2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE 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 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: March 6, 2006
DEPARTMENT: Police
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction on the Police Department's
guidelines and deployment strategy for the Taser less-than-lethal weapon.
BACKGROUND
In October 2004, with City Council's approval of Block Grant funding, the Police
Department purchased fifteen X-26 model Tasers from Taser International of Scottsdale,
Arizona.
In response to several nationally publicized deaths associated with the use of Tasers, and
class-action lawsuits attacking the efficacy of the weapon - as well as Taser
International's truthfulness in disclosure to its stockholders, police administration chose
to postpone deployment of the Tasers until medical and technological studies of the Taser
were completed.
The Taser
The Taser is a less-than-lethal, electronic control device (ECD) that uses an electric pulse
to immobilize a person by causing intense, involuntary muscular contractions. The first
Taser device was invented in 1967 and introduced for military use in 1974. Taser
International, which now makes the modern Taser, was formed in 1993.
Tasers are hand-held, pistol type weapons that use compressed nitrogen to project two
small probes up to ranges up 25 feet. The two projected probes are connected to the Taser
device by insulated wire. An electrical signal is transmitted through the wires to where
the probes make contact with the body or clothing, resulting in an immediate loss of the
person's neuromuscular control and the ability to perform coordinated action for the
duration of the impulse.
(Appendix A)
Tasers have been proven to cause fewer injuries to officers and suspects when used in
situations where use of force greater than verbal commands is appropriate to affect the
arrest. The weapon is quickly becoming the tool of choice for police and the military over
batons, OC (pepper) spray, and hand-to-hand arrest tactics. It is a weapon we believe will
be of great benefit to our officers in affecting arrests with a minimum of physical injury
to themselves and the arrestee.
1
Used by law enforcement, private security, military, and civilians for personal defense,
more than 275,000 Taser guns in use in the U.S. Currently, there are more than 8,500
U. S. law enforcement agencies deploying the Taser M-26 or X-26 less-than-lethal
weapons systems.
The Controversies
Among concerned citizens the American Civil Liberties Union (ACLU) and Amnesty
International have been most vocal in protest that Tasers caused the deaths of over one
hundred people worldwide since 1999 and have called for an international moratorium of
their use. Unfortunately, the accounts of the deaths cited by these organizations lack
information related the victims' physiological status, state of intoxication, and
psychological frame of mind at time of death. In fact, many of the deaths occurred hours
and days after the use of the Taser.
Still, wrongful death suits have been filed against police agencies and Taser International.
Media coverage has depicted widespread abuse by law enforcement using a weapon
deemed too powerful for its intended purpose as a less-than-lethal compliance device.
Again, these accounts lacked any factual basis but were successful in causing doubt in the
minds of many police chiefs and government officials. (Appendix B).
Locally, during this past year, several in-custody deaths occurred in the Dallas/Fort
Worth area where Tasers were used, and another where pepper spray was used on the
arrestee. The Medical Examiner in two cases, Dr. Nizam Peerwani of Ft. Worth, issued
statements to the media that Tasers could not be ruled out as causal factors in the deaths
and more research on the Taser's effects was warranted. (Appendix Q.
In-Custody Death & Excited Delirium
The same scenarios played out in the 1980's when pepper spray was first used by law
enforcement are occurring today only now the Taser is blamed. Even before the advent of
electronic control devices people died during and after an arrest that involved a physical
struggle and/or use of less-than-lethal force by the officer(s). Arrestees resisted and
fought the officers only to succumb to baton strikes, pepper spray, beanbag rounds, or
being outnumbered by the officers. They eventually submitted to arrest and later died in
the back seat of a police car or in the jail. What we know now points toward the victim's
lifestyle as the primary causal factor not the method or the weapon used in the arrest;
Chronic substance abuse, intoxication, and mental health issues are equally important in
the investigation of in-custody deaths.
This critical condition of the arrestee is explained well in Taser International's response
to the ACLU of Northern California.
"With no more research than what existed 10 years ago; pepper spray is still a very
useful tool to law enforcement and for personal self-defense for private citizens. There
are still in-custody deaths today in incidents where pepper spray was used, just like 10
years ago and every year since. But pepper spray is no more the cause now than it was
then. The only other things that haven't changed are drugs and excited delirium.
2
If a person with normal mental function undergoes excessive exertion, their brain will
recognize the signals that the blood is getting acidic and will force the body to slow
down. If someone's mental functioning is such that this feedback signal is ignored (a
state known as "excited delirium'), they may struggle until they die. Thus, excited
delirium can kill by making the blood so acidic that nothing can function. The typical
symptoms of excited delirium are agitation, incoherence, hyperthermia, paranoia, and
displays of public nudity, violent aggression, attraction to glass and lights, constant
motion, and feats of incredible strength with a high degree of mortality. It is believed that
precursors to this condition are chronic, illicit stimulant abuse, presence of certain
mental health conditions and also use of certain mental health medications.
When someone is dying from excited delirium, they exhibit unusual and violent behavior
that often attracts attention. Law enforcement is then called and officers have to deal
with this condition for which no recognized treatment has been agreed upon. "
Frequently, a main focus of investigations of in-custody death has been scrutiny of the
officers' actions, weapons, and procedures; however, the subject's physiological and
psychological condition prior to and at the time of the incident/arrest is not always
weighted sufficiently as a causal factor. Lacking an understanding of excited delirium,
public reaction fanned by media attention of these deaths helps foster the impression of
an official cover-up or a tolerance of abhorrent police behavior by the agency involved.
Excited delirium is increasingly recognized by the medical community and law
enforcement as a medical emergency. As the main cause of death in these scenarios the
condition urges further study and most importantly widespread awareness by law
enforcement and medical first responder personnel. (Appendix D).
The Studies
In response to in-custody deaths across the country, medical and scientific organizations
have conducted extensive examinations of the Taser's effects on animals and humans
while law enforcement organizations explored the procedures and policies that might also
have had causal relationships to the fatalities.
The following medical and scientific research projects have concluded that the Taser
device/technology, in and of itself, is not harmful to people:
• United States Department Of Defense -The Joint Non-Lethal Weapons Human Effects
Center Of Excellence (USDOD- HECOE) - Non Lethal Weapon - EMI (Electro
Musculature Disruption) Report, March 2005
• Pacing and Clinical Electrophysiology (PACE) Journal Cardiac Safety Study
• Potomac Institute Affirms the Relative Safety and Effectiveness
• UK Home Office Defense Scientific Advisory Council (DSAC) Subcommittee on the
Medical Implications of Less-Lethal Weapons (DOMILL)
• British Columbia TASER Review
3
The following law enforcement organizations and agencies have reviewed policies,
procedures, and training issues to determine the most effective and safest methodology
for Taser deployment:
• International Association of Chiefs of Police (IACP) - Model Policy for Electronic
Control Weapons - April 2005
• The Police Executive Research Forum (PERF) - Policy and Training Guidelines - Oct.
2005
• Georgia Association of Chiefs of Police Issues Recommendations on Use of Electronic
Control Weapons - July 2005
• Wisconsin Department of Justice Law Enforcement Standards Board Issues Electronic
Control Device Recommendations - June 2005
• Columbus TASER Study - June 2005
• Michigan Municipal Risk Management Authority - Law Enforcement Advisory
Committee - Model Policy - June 2005
• Madison Police Department's Review of TASER Technology - January 2005
(*The complete text of the research is available at the individual organization's Web site,
or at Taser International's Web site http://www.taser.com/savin lig ves/)
The research provides a vast overview of the effects of the use of the Taser or other
conducted energy devices on individuals subjected to arrest or restraint. It also identifies
protocols, guidelines, and training that must be codified by police departments to insure
appropriate use of the weapons and accountability to the public.
The volume of information, recommendations, and guidelines we've gleaned from these
reports is more than can be discussed in this report. The following is a sample of the
major findings and opinions that give us confidence in deciding to deploy the Tasers, and
to formulate strong and comprehensive policies and procedures.
Medical / Scientific Research
• Based on the available evidence, and on accepted criteria for defining product risk
vs. efficacy, when stun technology is appropriately applied, it is relatively safe
and clearly effective. The only known field data that are available suggest that the
odds are, at worst, one in one thousand that a stun device would contribute to (and
this does not imply "cause") death. This figure is likely not different than the odds
of death when stun devices are not used, but when other multiple force measures
are. A more defensible figure is one in one hundred thousand. (Potomac Institute)
• Odds for stunning to contribute to death are, at worst, one in one thousand.
Statistically, the ratio of lives saved exceeds 70:1. By comparison, the similar
ratio for airbags in automobiles is approximately 50:1. (Potomac Institute)
• Additional research should be conducted at the organism, tissue, and cell levels.
The medical community needs to understand the specific effects of varying
electrical waveforms on organic matter in the immediate frame of a stun
application... to include possible psychiatric and other non-lethal effects. (Potomac
Institute)
4
• Very lengthy Taser exposures (three minutes of five second on - five second off
cycling) had significant impacts on blood levels of carbon dioxide, lactate, pH,
and other markers. Police should, where possible, be minimizing Taser
applications. (USDOD-HECOE)
• Overall, the results support the conclusion that the M26 and X26 Tasers are
generally effective for their intended use. However, they may cause several
unintended effects, albeit with estimated low probabilities of occurrence. (USDOD-
HECOE)
• The independent review panel concluded that despite the dramatic nature of the
neuromuscular response, application of the Taser conducted energy weapon for
temporary incapacitation does not appear to pose significant risk to recipients.
(USDOD-HECOE)
• Contemporary medical opinion supports the view that drug intoxication itself
predisposes one to underlying vulnerability. (USDOD-HECOE)
• Medical advisors emphasize that excited delirium can be a fatal medical
condition, with or without police interaction and note that the Taser devices may
end a physical struggle more quickly and reduce the risk of a fatality from excited
delirium. (British Columbia Office of the Police Complaints Commissioner)
Law Enforcement Studies
• Analyses provided by law enforcement agencies indicate that increased use of the
Taser M26 or the X26 has decreased the overall injury rate of both police officers
and suspects in conflict situations when compared to alternatives along the use of
force continuum. (USDOD-HECOE)
• Placement of Taser technology as an "intermediate weapon", similar to pepper
spray and the baton and that it should only be used at the active resister level and
above. However, extraordinary or situational factors may also allow it to be used
on passive resistors. The Graham v. Connor "reasonable standard applies."
(British Columbia Office of the Police Complaints Commissioner)
• Recognizes that the Taser brand devices have more built in accountability than
any other weapon system available and that oversight is necessary to monitor use.
(British Columbia Office of the Police Complaints Commissioner)
• Prolonged physical struggle heightens the risk of injury to both the officer and the
suspect and that use of Taser technology as soon as it becomes clear that physical
control will be necessary may be the optimum outcome. (British Columbia Office of
the Police Complaints Commissioner)
• Law enforcement should, where possible, minimize multiple Taser device
applications and use Taser devices in conjunction with other force options to
expeditiously restrain the subject and minimize the overall duration of physical
exertion. However, there will be situations where multiple applications are
necessary to control violent subjects. (British Columbia Office of the Police Complaints
Commissioner)
• Policies should include establishment of medical protocol options following
application of conducted energy weapons (Taser). (IACP)
5
• Departmental reporting systems must be implemented to track Taser-related
incidents; use of force reports, medical reports, Taser data tags or "AFIDs" (Anti
Felony Identification Devices) or (IACP)
• Provide for reporting by law enforcement officers when electronic control
weapons are used and the circumstances leading up to their use, as well as a
supervisory and agency review of the use. (Georgia Association Chiefs)
In summary, while all the studies recommend continual study and evaluation, consensus
is that there is no significant relationship between the use of Taser and in-custody deaths.
Taser, when used in accordance with approved training, is not harmful to people in the
overwhelming majority of cases. In fact, the use of the weapon has proven to reduce
injuries and has saved lives.
After analyzing the data we are confident our Taser polices and protocols will include the
best recommendations and guidelines from research and recommendations. For example,
we have adopted policy recommendations from the International Association of Chiefs of
Police and the Police Executive Research Forum and, in comparison to the national
average our training will be above national standards. It includes an in-depth knowledge
of Taser functions and its effects, as well as excited delirium and related medical
protocols to minimize injuries and prevent in-custody deaths. Denton Police personnel
authorized to deploy Tasers will also carry with their Tasers, state of the art education.
(Appendix H)
Litigation
With the Taser X26 and the M26 models being the only stun guns on the market that
wield enough power to completely immobilize a subject, Taser has almost no
competition. It is easy to imagine the effect on stock prices lawsuits potentially represent.
The underlying issues may have more to do with stock prices than the weapons
themselves.
A class action lawsuit was filed July 18, 2005, in U.S. District Court in Chicago against
Taser International "on behalf the nation's police departments". This is the suit that most
caught our attention as it was the first nationwide litigation involving police agencies and
seemed to have significance in light of the number of deaths allegedly involving use of
the Taser.
The suit alleges breach of contract, breach of warranty and unjust enrichment of the
company based on false and deceptive safety claims. The first plaintiff named in the suit
was the police department of Dolton, IL. As of Feb. 2006, no other police departments
have joined the suit. The Securities and Exchange Commission has been asked to
investigate the suit as an attempt to manipulate Taser International stock prices.
6
Securities and Exchange Commission
In early 2005, the U. S. Securities and Exchange Commission launched an inquiry into
claims that Taser International made about safety studies for its stun guns, and looked
into a $1.5 million, end-of-year sale made by Taser to an Arizona firearms distributor that
was questioned because it appeared to inflate sales to meet annual projections. The SEC
findings would have a dramatic effect on Taser stocks.
Within forty-eight hours of the SEC's announcement of its investigation of Taser
International a suit was filed on behalf of stockholders against Taser alleging losses for
drops in stock prices as a result of the SEC investigation. (Appendix E).
At the conclusion of the twelve-month inquiry, after reviewing over 100,000 pages of
documentation provided by Taser International, the SEC closed the investigation with no
enforcement action taken.
The disposition of these lawsuits and investigations alleviates our concerns about the
efficacy of the Taser devices and the propriety of Taser International.
RECOMMENDATION
Our approach to the issue of Taser deployment by Denton Police personnel is pragmatic
and we've chosen to err on the side of caution by using the International Association
Chiefs of Police (IACP), Police Executive Research Forum (PERF) and Liability
Assessment and Awareness (LAAW) policy recommendations. We are confident our
research has produced the best policy options providing for the safe and effective use of
the Taser X-26 in preventing the escalation of violent confrontations and effect arrests
while minimizing injuries to officers and citizens alike.
The security and well-being of our citizens was paramount in arriving at the decision that
we should now deploy our Tasers. We feel it is appropriate to add the use of the Taser as
an approved weapon in our use of force policy (Appendix G) at the "less-than-lethal"
level, similar to pepper spray and the baton. (Appendix I).
ESTIMATED SCHEDULE OF PROJECT
• All applicable policies and protocols are currently being finalized. (Appendices F,
G)
• Training for all personnel authorized to deploy the Taser will be begin April 2006.
PRIOR ACTION/REVIEW
October 2004, Council approved Block Grant funding to purchase fifteen X-26 model
Tasers. Total cost: $14, 116.05
7
FISCAL INFORMATION
Any fiscal impact is dependant on future procurement of additional Tasers to equip all
patrol officers and supervisors and other personnel as deemed appropriate by their
assignment. At present each X-26 with cartridges, etc. is approximately $850.00
Taser International has recently announced the availability of Taser mounted cameras at
$300.00 each that can be retrofitted to existing X-26s or included in new purchases. Staff
recommends purchasing the cameras as an addition safeguard against liability claims.
Respectfully submitted,
Charles Wiley
Chief of Police
Prepared by
Lt. Tom Woods - Police
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APPENDIX C
Police0ne
THE DALLAS MORNING NEWS
July 16, 2005 Saturday
FORT INORTHTaserdeafhs inayhave drug fie Nedicaiexainiaerweighs sfiuaguas, vicA1ns'condifioas
DEBRA DENNIS, Staff Writer
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APPENDIX D
SUDDEN
Y
A number of factors can cause a subject to suddenly die in
police custody. Recognizing and reacting to them may
help you save lives
Jeffrey D. Ho, MD, FACED
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APPENDIX E
The Motley Fool: Print Article Page 1
The Motley Fool
Fool.com
TASER Takes the Stage
http://www.fool.com/news/commentary/2005/commentaryO5lOO6O8.htm
By Rick Smith
10/06/2005
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Dear Tim,
I'd like to take this opportunity to respond to the questions you raised in your article on Sept. 28. 1
have great respect for The Motley Fool because analysts like you generally don't blindly follow the
crowd. So you can imagine my disappointment when you picked up your pitchfork and joined the
mob last week.
The truth is that this story is far more complex than your article suggests. And that's why
I'm here: to set the record straight. Let's start by tackling your second question, which I
feel is the most important of the three.
Q: What, specifically, was this "unauthorized acquisition of material non-public
information," and who did it? Please don't blame this on an undisclosed Sith Lord.
As you know, I cannot speak on behalf of the Securities and Exchange Commission and what it,
specifically, is investigating. I can, however, speak to incidents that we consider suspicious. One
such incident relates to a Jan. 8, 2005, article (abstract only; fee required for complete story) in
TheN&w Yor/rTiinesby Alex Berenson. In that article, Mr. Berenson describes details of a
$700,000 purchase order document that "was provided by a person who will profit if TASER's
shares fall." That suggests that someone who was actively short-selling our stock may have
improperly obtained a copy of a confidential internal document describing a material, non-public
piece of information related to our revenues.
Similarly, a few days earlier - on Jan. 6, to be precise - someone leaked the information about
the existence of the SEC's informal inquiry to TheArizonaRepub/ic. It seems likely to us that the
same source who provided the copy of the purchase order to the short seller as reported in
TheN&wYor/rT/mesmay have been the same person (s) who disclosed to TheArizonaRepub/icthe
confidential letter from the SEC to TASER initiating the inquiry. Keep in mind that we were told by
the SEC that the inquiry was to be a confidential matter.
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The Motley Fool: Print Article Page 2
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Q: What was TASER's relationship to companies that performed safety tests related
to your products? How many did you pay for? How much?
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http://www.fool.com/Server/pnntarticle.aspx?file=/news/commentary/2005/commentaryO... 02/21/2006
The Motley Fool: Print Article Page 3
and muscle stimulation). To my knowledge, TASER International is the only non-lethal weapons
company in the world with a medical advisory board, much less one so qualified. More than a
dozen additional world-class researchers and medical doctors have provided expert reports
supporting the general safety of our devices and refuting claims to the contrary. These experts
agree that while no use of force is risk-free, including TASER devices, our products offer one of
the safest use of force alternatives available today.
As to your question on the topic of "independent medical studies," we wish to correct the
misconception that all of these studies were paid for or funded by TASER. In fact, you can
(opens a PDF file) to find a listing of the studies we have relied upon in evaluating the safety and
effectiveness of our products. Note that out of more than 80 studies, review articles, and review
letters of TASER-type devices or related basic science, TASER provided financial support to only
seven. In five additional studies, TASER consultants or personnel attended data-gathering
meetings associated with the research project to provide data and answer questions.
Some critics have attacked the results of the Department of Defense's Human Effectiveness and
Risk Characterization (HERC) study of TASER-type devices because several members of the
company, including me, were asked to present data and to review preliminary findings to provide
feedback and fact-checks. Gathering information and feedback from the experts who develop
these devices is a necessary part of the safety analysis and, in fact, is consistent with the National
Academies of Sciences and Society for Risk Analysis recommendations and standards.
Overall, the body of research covering TASER includes medical studies, data reviews from medical
and scientific experts, and real-world results reported from police agencies evaluating the results
from our products. We believe these reports support our view that our products reduce injuries
and save lives compared to other use-of-force alternatives. We further believe there is no other
non-lethal weapon that has been as widely analyzed as ours.
As to the studies we partially funded, our medical experts have informed us that it is prevalent in
the field of medical devices and pharmaceutical products for studies to be paid for by the
companies that manufacture those devices. Why is this suddenly an issue for TASER
International in the field of non-lethal weapons? We are proud of the fact that we take medical
safety seriously and that we invest in medical safety research. We sponsor grants for industry
leading research to ensure our products are as safe as possible.
For example, earlier this year, a groundbreaking study we developed and sponsored was
published in the respected, peer-reviewed journal Pacing and Clinical Electrophysiology. This
study was a technical breakthrough and allowed us to estimate the margin of safety between the
electrical charge emitted from the TASER device and the charge required to cause cardiac arrest.
It turns out it takes 15 times the charge of the X26 to cause cardiac arrest. That's a huge margin
of safety. In fact, it's bigger than that of some over-the-counter cold medications, such as
acetaminophen, where doses of approximately 10 times the standard can be lethal. This study
was referred to by independent reviewers at one data-gathering meeting as "the gold standard for
non-lethal weapons." Yet our critics chose to ignore the pioneering science confirming the safety
margin of TASER technology. Instead, they blindly dismissed the data because the study was
sponsored by us.
http://www.fool.com/Server/pnntarticle.aspx?file /news/commentary/2005/commentaryO... 02/21/2006
The Motley Fool: Print Article Page 4
Now, in terms of our public statements relating to the safety of TASER products, please realize
that we have largely been responding to ill-founded accusations that our products have proved
deadly. For example, a primary critic of TASER products has been Amnesty International, which
published a report that was little more than a collection of newspaper articles detailing incidents
of suspects dying in police custody. For the record, this is the same allegation that the
organization leveled 10 years ago against pepper spray, another law-enforcement tool.
Amnesty's report and numerous public statements have contained no scientific evidence but
rather misleading innuendo in suggesting that the TASER devices are responsible for these
unfortunate and tragic deaths. In fact, Amnesty's "body count" includes incidents where a TASER
device couldn't possibly have been the cause of death - such as a shooting or a lethal overdose
of illicit drugs.
TheArizona Republic has now taken to maintaining this ever-expanding list of deaths. The
circumstances don't appear to be taken into account, either. For example, in one incident cited in
the list, a bag of cocaine ruptured in the suspect's stomach. The medical examiner attributed the
death to a cocaine overdose but made a notation that said "the role of the TASER is
undetermined."
Note, too, that recent scientific studies found no link between the TASER device and these in-
custody deaths. In fact, one study (Jeffrey D. He, Deaths in Police Custody) showed that in
almost 70% of tragic, unexpected in-custody deaths, no TASER device was even used.
The primary purported "expert" who has challenged the safety of TASER devices is an individual
named James Ruggieri. He presented a paper at the American Academy of Forensic Sciences
earlier this year where he asserted that the electrical output of the TASER device should kill 50% of
the people exposed to it. Needless to say, this assertion is ludicrous in light of the approximate
200,000 human exposures. Nonetheless, The Arizona Republic ran a prominent, front-page story
on Mr. Ruggieri's findings attacking the safety of our products.
As it turns out, Mr. Ruggieri admitted in a deposition that he is a high-school dropout with no
degree in electrical engineering. He dropped out of high school in the 10th grade and never
returned. His subsequent education includes a GED and online college courses. His only degrees
are from that same online college and are in website development and computer information
systems. He also has no medical training whatsoever and admits he has never done any testing of
a TASER device. He has never experienced the discharge of a TASER device nor witnessed the
discharge of a TASER device. (See more in thjs_de.p_psjtjQn.) [Editor's note: Link opens a PDF
file.] Yet Mr. Ruggieri continues to be widely quoted in the media as a TASER "expert" alleging
exaggerated lethality associated with our products.
I urge you to turn your critical eye to the antagonists on the opposite side of this
debate. I think you'll be astonished at what you find.
Given the nature of these allegations and the fact they have been widely propagated by many
members of the media, we could not sit idly by and allow them go unchallenged. Were we to fail to
do so, I believe our business could have been unfairly and adversely affected.
http://www.fool.com/Server/printarficle.aspx?file=/news/commentary/2005/commentq y0... 02/21/2006
The Motley Fool: Print Article Page 5
We believe the facts support our case. We sell to the most skeptical market in the world: law-
enforcement agencies. From Orange County, Fla., to the United Kingdom, many agencies have
commissioned independent panels of medical experts to review the data. And they have
concluded that TASER devices represent a valuable force option with a low degree of risk.
Q: The deal the SEC is referring to is described in this press release, issued Dec. 20. It
says that Davidson's was going to buy 1,000 TASER X26 guns for $1.6 million and
that the order would be shipped during Q4. The quarter ended 11 days later. Were all
1,000 guns shipped by then? If not, when did Davidson's ultimately take delivery?
Finally, to answer your inquiry about the Dec. 20 press release regarding the order from
Davidson's for 1,000 X26C consumer products. The entire order was, indeed, shipped in the
fourth quarter and has been paid in full. We feel the order made good business sense; the
accounting for the transaction was audited, and we believe the accounting was done properly.
In conclusion, I am confident enough in the safety of our products that I have personally
experienced the full exposure from our TASER devices on several occasions (including an
extended 30-second exposure to our first product, the AIR TASER Model #34000). As a matter of
fact, this belief is pervasive throughout the company, as every senior member of management
has experienced the TASER device, as have many of our wives, family members, friends, and an
estimated 100,000-plus police officer and citizen volunteers (not to mention the number of actual
applications in the field, a number we think is on the order of another 100,000 exposures).
Does TASER International take medical studies seriously? Yes. We are proud of our commitment
to groundbreaking research. Do we seek to find new markets and launch products to better serve
our customers? You bet.
With all due respect, I was surprised that you would prematurely determine our guilt or innocence
or be swayed by public innuendo without having all the facts. We should all let the SEC complete
its investigation and the Arizona attorney general complete his inquiry. Then let's challenge the
media to report the facts.
Sincerely,
Rick Smith
Chief Executive Officer
TASER International, Inc.
TASERisaMotley Fool Rule Breakersrecommendafion.
Rici-Smifhis co-founderandCEO ofTASERO andowl7s a subsfanfia/numberofsharesinfhe
company. TheMof/evFoo/hasanironc/ao'ds%surepo/c
http://www.fool.com/Server/printarficle.aspx?file=/news/commentary/2005/commentaryO 02/21/2006
Appendix F
DENTON POLICE DEPARTMENT
SPECIAL ORDER
SUBJECT: USE OF THE TASER
L Overview
II. Purpose
:
III. Policy
IV. Definitions
V. Procedures
VI. Use of the Taser/General Rules
VII. Use of the Taser/Restrictions
VIII. Medical Treatment
IX. Reporting and Review
X. Training and Qualification
1. Overview
The Denton Police Department recognizes that violent or potentially violent subjects
present unique handling and control situations requiring special training and equipment
for officers. Defensive tactics training, OC spray and other less than lethal tools are use
of force policy approved methods/tools for de-escalation of potentially violent
confrontations. The Taser, a less than lethal electronic control weapon, has been shown
to dramatically reduce the potential for injuries to subjects and officers, as well as
suppressing potential deadly force situations. The primary use of the Taser is to expand
the options available in de-escalating violent/dangerous situations and to reduce injuries
to officers and citizens.
II. Purpose
The purpose of this policy is to provide the police officers and jailers of the Denton
Police Department with guidelines and procedures for the use of the Taser.
III. Policy
It is the policy of this agency to use only that level of force that reasonably appears
necessary to control or otherwise subdue violent or potentially violent individuals. The
Taser may be used by authorized and trained personnel in accordance with the Use of
Force policy (G. O. 03-9) and this special order.
IV. Definitions
A. Non-Deadly Force - (per G.O. 03-9, Use of 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, or use of oleoresin capsicum (O.C. spray)
or baton, or other approved equipment.
B. Taser - Electronic weapons designed to disrupt a subject's central nervous system
by means of deploying battery powered electrical energy sufficient to cause
uncontrolled muscle contractions and override an individual's voluntary motor
responses.
C. Air Cartridge - A replaceable cartridge for the Taser, which uses compressed
nitrogen to fire two barbed probes on thin connecting wires sending a high
voltage/low current signal into a subject.
D. Spark Display - A non-contact demonstration of the Taser's ability to discharge
electricity. This is conducted only when the cartridge has been removed from the
weapon. The purpose of this display is to convince the subject to comply with a
lawful order and avoid the Taser being deployed against him.
E. Drive Stun - Contact is made by pressing the front of the Taser (cartridge
removed) into the body of a subject resisting arrest/detention and activating the
Taser. The Drive Stun is a pain compliance technique and does not have an
incapacitating effect.
F. Dataport - Every time the Taser is fired, it stores the downloadable time and date
on a dataport located at the back of the unit.
G. AFIDs - Confetti-like pieces of paper that are expelled from the cartridge when
fired. Each "aphid" contains an alphanumeric identifier unique to the specific
cartridge used.
H. Passive Resistance - When a subject refuses to comply with an order from a law
enforcement officer or jailer but does not attempt to engage in physical action
likely to cause bodily injury to the officer or another person. Fleeing on foot is
considered passive resistance.
L Active Resistance - When an officer or jailer encounters behavior which
physically counteracts his/her attempt to control a subject and which creates risk
of bodily harm to the officer, subject, or another person.
V. Procedures
A. Authorized Users -Only officers and jailers that have satisfactorily completed this
agency's approved training course shall be authorized to carry Tasers.
B. Weapon Readiness
1. The device will be carried in an approved holster on the support side of the
body. Officers not assigned to uniformed patrol may utilize other department-
approved holsters and carry the weapon consistent with department training.
2. The device shall be carried fully armed with the safety on in preparation for
immediate use when authorized.
3. Personnel authorized to use the device shall be issued a minimum of one spare
cartridge as a back up in case of cartridge failure, the need for redeployment, or in
case the first cartridge's leads break during engagement. The spare cartridges shall
be stored and carried in a manner consistent with training and the cartridges
replaced consistent with the manufacturer's expiration requirements.
C. Only department approved battery power sources shall be used in the Taser.
VI. Use of Taser/General Rules for Deployment
A. The three types of Taser deployment are:
1. Spark Display
2. Drive Stun
3. Probes
All three types of deployment require reporting on the Taser Use of Force
report form.
B. The Taser should only be used in situations in which the subject is using force
equal to or greater than active resistance. The Taser should not be used when the
subject is passively resisting unless extenuating circumstances exist, i.e., officers/
jailers are unable to secure him using standard pain compliance techniques (PPCT
- pressure points), OC spray, or if the officer is physically outsized by the subject.
C. The Taser should only be used against fleeing subjects when probable cause exists
to make an arrest.
D. The Taser should not be used to combat the use of deadly force by a suspect.
E. When possible, the officer/jailer deploying the Taser shall give a warning to the
subject and other personnel prior to firing the Taser.
F. Center mass of the body (front or back) should be the primary target. The legs
would be considered a secondary target if heavy clothing or other obstruction to
center mass is present.
G. When the situation could clearly call for deadly force, lethal force cover should be
employed to protect officers and/or civilians.
H. Upon firing the device, the officer/jailer shall energize the subject the least number
of times and no longer than necessary to accomplish the legitimate operational
objective. The subject should be secured as soon as practical while disabled by the
Taser to minimize the deployment cycles.
1. The device may also be used in certain circumstances in a "drive stun" mode. This
involves removing the cartridge and pressing the unit against an appropriate area
of the body based on training. It is important to note that when the device is used
in this manner it is:
1. Primarily a pain compliance tool due to a lack of probe spread.
2. Minimally effective when compared to conventional cartridge type
deployments.
3. More likely to leave marks on the subject's skin.
4. Subject to the same deployment (use) guidelines and restrictions as that of
the Taser in cartridge deployments.
J. The on duty supervisor shall be notified of a Taser discharge, spark display or
drive stun as soon as possible.
VII. Use of Taser/Restrictions
A. An officer is prohibited from using the Taser:
1. In any environment where an officer knows that a potentially flammable,
volatile, or explosive material is present (including but not limited to OC
spray with volatile propellant, gasoline, natural gas, or propane).
2. When the suspect is in a position where a fall may cause significant injury
or death (such as in a swimming pool or on an elevated structure).
3. Punitively or for the purpose of coercion.
4. By intentionally aiming at the head, face or groin.
B. Officers should not use the Taser on the following types of subjects unless deadly
force is the only other option or other extenuating circumstances exist.
1. Pregnant women
2. Small children
3. The elderly, infirm or those in a wheel chair
4. Persons known to be wearing pacemakers or other biomedical devices
sensitive to electrical current
5. Persons who are handcuffed, absent overtly assaultive behavior that
cannot be reasonably dealt with in any other less intrusive fashion.
6. Persons in control of a motor vehicle or,
7. When the person is holding a firearm.
C. No officer shall display, threaten the use of, or use a spark display unless the
Taser's actual use in the situation would be reasonable. This does not preclude
officers from being prepared by readying the Taser for potential use under
reasonable circumstances.
VIII. Aftercare/Medical Treatment (need DFD input)
A. If a Taser is discharged and the probes penetrate the skin, EMS (Denton Fire
Dept ambulance) will be called to the scene to remove the probes and perform an
examination of the subject for injury (either direct or indirect) and stability.
B. If the subject requests or EMS personnel determine a need, then the subject
should be transported to a medical facility.
C. Probes that penetrate the skin should be treated as biohazard sharps and handled
in the appropriate manner.
IX. Reporting and Review
A. Photographs of probe impact sites and any other injuries sustained will be taken.
Photographs of the scene layout and location of AFIDs should also be taken and
the film logged into evidence
B. Probes, wires, spent cartridges and AFIDs should be collected and logged into
evidence.
C. The on-duty supervisor should download the stored information from the Taser.
D. The officer will complete a Taser Use of Force Report in lieu of the standard
Use of Force report and attach all required information for any of the three types
of Taser deployment. The Taser Use of Force Report will be reviewed by the
officer's supervisor and then forwarded to the Office of Professional Standards
no later than the next business day.
E. In coordination with the Training Division, the Office of Professional Standards
will conduct an annual review and analysis of all reported Taser deployments to
help identify trends, discipline issues, training needs, weapon/equipment
concerns, officer safety issues, and/or potential policy modification. A written
report will be submitted to the Chief of Police.
X. Training
A. It is the responsibility of the Training Division to schedule and provide training
classes and qualifications to Department personnel whose assignment or position
enables them to carry and deploy a Taser in accordance with this policy.
B. Records of training and qualifications completed by Department personnel will be
retained and available for inspection in the Training Division.
APPENDIX G
DENTON POLICE DEPARTMENT
REFERENCE
GENERAL ORDER NUMBER: 03-9
EFFECTIVE DATE:
SUBJECT: Use of Force 09/11/03
LAST REVISION DATE:
06/07/04
This Order consists of the following numbered sections.
1. PURPOSE
II. DEFINITIONS
III. USE OF FORCE/GENERAL RULES
IV. USE OF DEADLY FORCE
V. USE OF NON-DEADLY FORCE
VI. USE OF FORCE RESRICTIONS
VII. MEDICAL TREATMENT
VIII. TRAINING
IX. REPORTING & REVIEW
X. EFFECTIVE DATE
1. PURPOSE
The purpose of this policy is to provide law enforcement officers of the
Department and its agents with guidelines for the use of deadly and non-deadly
force.
II. DEFINITIONS
A. Deadly Force - Any use of force that is reasonably likely to cause death.
B. 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, or use of oleoresin capsicum (o.c. spray), or
baton, or other approved equipment.
C. Ob jectively 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.
Replaces G.O. 88-4
Po lice/Pol icy/03-9.doc
REFERENCE
NUMBER: 03-9 CLASSIFICATION
GENERAL ORDER
SUBJECT: Use of Force PAGE 2 OF 5
D. 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 the facts and circumstances known to the member at the time
force is used.
E. Normal Circumstances - Circumstances in which the officer has not been
deprived of his/her ability to employ approved methods or weapons.
III. USE OF FORCE/GENERAL RULES
A. 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.
B. No officer or employee shall carry, or under normal circumstances, use any
weapon, method, or instrumentality unless it is Department approved ald not
until he/she has been properly trained in its use or, except as provided in
paragraph C below. "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.
C. 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 Departmental training.
In evaluating the appropriateness of an officer's actions in these
circumstances, the 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.
IV. USE OF DEADLY FORCE
A. Law Enforcement Officers are authorized to use deadly force to:
1. Protect the officer or others from what is reasonably believed to be a
threat of death or serious bodily harm.
Replaces G.O. 88-4
Po lice/Pol icy/03-9.doc
REFERENCE
NUMBER: 03-9 CLASSIFICATION
GENERAL ORDER
SUBJECT: Use of Force PAGE 3 OF 5
2. To prevent the escape of a fleeing violent felon whom the officer has
probable cause to believe will pose a significant threat of death or
serious physical injury to the officer or others, if allowed to flee. Where
practical, prior to discharge of the firearm, officers shall identify
themselves as law enforcement officers and state their intent to shoot.
3. To destroy an animal that represents a threat to public safety, or as a
humanitarian measure where the animal is seriously injured, and when
the officer reasonably believes that deadly force can be used without
harm to the officer or others.
B. No weapon shall be displayed or brandished as a threat unless its actual use
in the situation would be reasonable. This does not preclude officers from
being prepared by readying weapons for potential use under reasonable
circumstances.
V. USE OF NON-DEADLY FORCE
A. Where deadly force is not authorized, officers/employees may use only that
level of force that is objectively reasonable to most quickly and safely de-
escalate an incident and/or bring it under control.
B. Under normal circumstances, officers/employees are authorized to use
Department approved, non-deadly force techniques and/or equipment to:
1. Protect the officer/employee or others from physical harm.
2. To effect arrest, restrain or subdue resistant individuals, prevent escape,
and/or bring an unlawful situation under control.
3. To protect a person from injuring himself/herself.
VI. USE OF FORCE RESTRICTIONS
A. Warning Shots - Warning shots are prohibited under any circumstances.
B. Moving Vehicles - Discharging a firearm from or at a moving vehicle is
governed by the Use of Deadly Force (section IV.) of this policy and is
prohibited under circumstances that present an unreasonable risk to the
officer or others.
Replaces G.O. 88-4
Po lice/Pol icy/03-9.doc
REFERENCE
NUMBER: 03-9 CLASSIFICATION
GENERAL ORDER
SUBJECT: Use of Force PAGE 4 OF 5
VII. MEDICAL TREATMENT
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.
VIII. TRAINING
A. It is the responsibility of the Training Division to schedule and provide
training classes/programs to Department personnel whose assignment or
position empowers the use of deadly or non-deadly force in accordance with
this policy. This includes training in the use of firearms, non-deadly force
equipment, and/or defense techniques permitted for use and/or carry by
police personnel on and off-duty.
B. Records of training received by Department personnel will be retained and
available for inspection in the Training Division.
IX. REPORTING & REVIEW
A. Personnel involved in use of force applications including, but not limited to;
firearm discharges (other than for training or recreational purposes), other
deadly or non-deadly force applications, and weaponless physical force
measures, will record their actions and document any resulting injuries to
any person, including any Department personnel, by completing all
appropriate Department reports, i.e., offense, arrest, incident report, etc.
B. Reporting shall include the photographing of any injury or alleged injury to
any person or damaged property of any person, including Department
personnel.
C. Use of force applications shall be reported to the on-duty supervisor as soon
as practical. Completion and submission of the Department's "Use of Force"
form along with a copy of any relevant police reports shall be forwarded to
the Office of Professional Standards no later than the next business day.
D. 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.
E. In coordination with the Training Division, the Office of Professional
Standards will conduct an annual review and analysis of all reported use of
force applications to help identify trends, discipline issues, training needs,
weapon/equipment concerns, officer safety issues, and/or potential policy
modification. A written report will be submitted to the Chief of Police.
Replaces G.O. 88-4
Po lice/Pol icy/03-9.doc
REFERENCE
NUMBER: 03-9 CLASSIFICATION
GENERAL ORDER
SUBJECT: Use of Force PAGE 5 OF 5
X. EFFECTIVE DATE:
This Order is effective: September 11, 2003.
Last revision date: June 7, 2004
Charles Wiley
Chief of Police
Denton Police Department
Distribution: All Personnel
Master File
1.3.1 - 1.3.7, 1.3.13
Replaces G.O. 88-4
Po lice/Pol icy/03-9.doc
APPENDIX H
Tasers can be safe, but oversight is crucial
By Robert Davis, USA TODAY
DALLAS - Tasers, the controversial stun guns used by police to subdue
suspects, are safe when used with restraint, a coalition of emergency-medicine
doctors says.
Doctors are urging careful use of stun guns.
By Herb Swanson, Portland Press Herald via AP
But even so, the doctors, who are tackling this issue for the first time, said
in a consensus statement Saturday that oversight programs are needed to
ensure that Tasers are used properly.
Tasers, and similar devices known as conductive energy devices,
incapacitate by delivering a five-second jolt of electricity. They have been
under fire because people have died after being subdued.
Amnesty International USA, which monitors Taser deaths, said last year
that 103 people in the United States and Canada died between June 2001
and March 2005 after contact with a Taser. The organization charged that
there is widespread abuse, that in some cases, Taser use is torture.
But the Metropolitan Municipalities EMS Medical Directors Consortium,
doctors who oversee emergency medical services in 30 major cities, said
the devices, if used appropriately, are low risk compared with other
options, such as guns and batons or police dogs.
Proper use, the doctors say, is delivering as few shocks as possible, and
only when the officer or anyone else present is at risk of injury. The
consortium based its findings on a review of medical literature, autopsy
reports and police practices. "We don't want people to get hurt or have
cardiac arrest," says Paul Pepe, Dallas' EMS medical director, who heads
the consortium.
The group says it hopes every community using Tasers will follow the
recommendations.
More than 8,500 U.S. law enforcement agencies use Tasers, says
spokesman Steve Tuttle of manufacturer Taser International Inc.
The doctors are concerned because Tasers are used differently in every
city. Some police departments stun a few people a month; others 20 to 30
people a day. "Some cities are more liberal with their use, and the devices
are considered more of a behavior-modification tool," says Gary Vilke, San
Diego County EMS medical director.
The group says every city should create a registry to track and scrutinize
Taser use. "If you are not recording Taser discharges, you are not
requiring responsibility," says Corey Slovis, Nashville's EMS medical
director. This step will encourage officers to think more before they zap, he
says.
Usually, delivering a single, five-second shock is enough to get
somebody's full attention and compliance, Vilke says.
But some of the people most likely to be shocked more than once - those
so unruly that they're dangerous to themselves and others - may also be
suffering from a condition called excited delirium. Many of the people who
have died following repeated Taser shocks have suffered the syndrome,
which the doctors say makes people wild and uncontrollable.
The syndrome, which is associated with anything from a drug overdose to
a severe psychiatric illness, can cause metabolic changes that put the
person at higher risk of sudden cardiac arrest.
"The real cause of death in some of these cases is excited delirium," says
Kathleen Schrank, EMS medical director in Miami. "These are not people
to be put in the back of a police car and taken to jail."
"You could basically say, 'Boo!' next to these people and they would be at
risk of dying," says James Dunford, medical director of San Diego
emergency medical services. "We don't know everything, but we do know
that these people are dying unrelated to the Taser."
"These are the people for which there is almost no other options than
shooting them," Dunford says.
The doctors say Tasers are safe when used with restraint, reducing the
number of serious injuries from police batons and guns. But they say
guidelines are needed so that police and medics can work together to
prevent Taser-related injuries and deaths.
Nashville is launching a new type of response. In coming weeks, when a
911 dispatcher or a police officer on the scene suspects that an unruly
person is suffering from excited delirium, he or she will call out
paramedics, more police officers and a police sergeant.
In the perfect response, Slovis says, paramedics would stand ready with
an injection to calm the person. As the Taser shock is administered, the
police officers would restrain the person - they can touch the person
without getting shocked themselves - and the medic would move in to
inject the tranquilizer.
But even after a person is subdued, risks remain. Another medical problem
that the coalition found was positional asphyxia, in which people stop
breathing when they are restrained and placed on their stomachs, making
it impossible to take full, deep breaths.
"You can't sit on people and you can't put pressure on their chest wall,"
says Slovis. "As soon as you are suppressing their ventilation, you put
them at risk."
The coalition also says cities must reconsider where they put Taser use on
the police department's acceptable-use-of-force scale. Some cities have
used Tasers on anyone who does not comply with police commands.
Dallas police reduced the number of people being shocked by telling
officers that some physical threat has to be present. "The officers have to
feel that they are threatened or that the public is at risk," says Lt. Robert
Owens of the city police department.
He trains his officers to recognize the danger of repeated shocks. "The
people who died got an average of 25 seconds. That's five cycles on
average," he says. But the Taser prevents serious injuries when used
properly, he says.
The other option on a police officer's belt is a baton. "People who will not
be controlled, your only option is to beat them up if you don't have any
other tools," he says. If an officer has to fight, he says, "you're going to get
hurt and they are going to get hurt."
What are they? Also known as conductive energy devices, Tasers use compressed
nitrogen to project two small probes up to ranges of 15, 21 or 25 feet at a speed of
more than 160 feet per second, according to Taser International.
Who uses them? Tasers are used by law enforcement, private security, military and
for personal defense. More than 275,000 Taser guns are in use in the USA, says
company spokesman Steve Tuttle.
How do they work? The two projected probes are connected to the Taser device by
insulated wire. An electrical signal is transmitted through the wires to where the
probes make contact with the body or clothing, resulting in an immediate loss of the
person's neuromuscular control and the ability to perform coordinated action for the
duration of the impulse.
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AGENDA INFORMATION SHEET
AGENDA DATE: March 6, 2006
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion and give staff direction on the creation of a Council
Finance Committee and Budget Calendar.
BACKGROUND
The City Council committee structure currently has eight internal committees, three of
which are concentrated in financial subject matters. The Audit Committee, Investment
Policy Committee and the Hotel Occupancy Tax Committee each are charged with
discussing specific financial concerns (Attachment A). While issues concerning these
important municipal fiscal issues are discussed, the Council is not involved at the
committee level in other relevant financial matters, such as the City's budget process.
Historically, the Council has received the budget presentation from the Budget Office
based on Council's prioritized goals. However, due to time constraints, Council Members
had limited opportunities to collaborate with staff in preparation of the budget. As
Council Members are involved at the committee level in other financial matters, staff is
exploring the Council's interest in creating a finance committee.
Establishing a finance committee would provide an avenue for Council Members to
interface with staff about the budget process on a more frequent basis and in a less
formalized setting. One of the values of establishing a finance committee is the ability for
staff to receive guidance about the Council's vision as they incorporate prioritized goals
into the budget process. In addition, staff would share with committee members the
assumptions, trends and potential concerns as the budget evolves. Furthermore, a benefit
of having this broader knowledge base is enhanced transparency of the budget process.
Other pertinent financial topics may also be discussed in this finance committee. A
finance committee would be aptly suited for channeling discussions of special revenue
and expenditures, policies, cost allocation, debt service, etc.
Council finance committees or the combination of council finance/audit committees are
currently in practice in other municipalities. The table on the following page illustrates
the nature and function of other council finance and finance/audit committees.
Agenda Information Sheet
March 6, 2006
Page 2
Carrollton Dallas Garland Grand Prairie Greenville Irving Plano Richardson
City
Committee Council Council Council Audit Council Council Council Community Council
Name Audit/Finance Finance, Audit Committee Audit/Finance Audit/Finance Audit/ Finance Audit
Committee and Committee Committee Finance Committee Committee
Accountability Committee
Committee
Committee Resolution City Charter City Charter Resolution Resolution Resolution Resolution Resolution
Authority
Committee 3/7 8/15 4/9 3/9 3/7 4/9 2/8 3/7
Demographics: Chief Financial CFO City Manager Deputy City City Manager City Finance Finance
(Part/Total on Officer (CFO) Asst. City Manager Finance Manager Director Director
Council) Manager Finance Director Asst. City
Staff Members Finance Director Manager
Director CFO
Frequency of Quarterly Two meetings Quarterly Monthly, and As needed Monthly, As needed Quarterly
Meetings per month twice monthly and twice
during budget monthly
season during
budget
season
Meeting Provide Quarterly Evaluating the Analysis of the Analysis of the Budget CAFR Analysis of
Highlights/ recommendations Investment City's systems CAFR CAFR (including a review the CAFR
Topics to the full council Reports of internal year-end
Discussed regarding the controls Detailed Financial review Analysis of Investment
hiring of an Review of City analysis of policy changes major policy
independent fee structure Evaluating budget Audit financial changes
auditor quality of Investment projects,
Employee operating Banking policy changes Employee such as
Review benefits performance contracts pay and bringing
compliance and against Long-range benefits convention
changes to the CAFR standards City insurance financial plan hotels to the
city's financial and benefit Employee city
policies Review of policy changes Municipal insurance
water contracts court audit premium
Review quarterly Franchise fees analysis
and annual Conducts joint
investment committee City fees Franchises
officer's report sessions as
and recommend necessary *Highhght one Tax
changes to the "problem Abatements
investment policy area/topic" per
month to
discuss
There are several factors to consider in regard to the proposed committee scope and
structure. The committee may choose to meet in congruence with the budget timeline
(Attachment B). Another consideration would be the scope of issues to analyze.
While other cities have chosen to combine finance and audit committees, we recognize
the importance of maintaining the autonomy of the audit committee, as it serves a
primary internal control function (Attachment A). A copy of the approved resolution
establishing the Audit Committee is also provided (Attachment Q.
Agenda Information Sheet
March 6, 2006
Page 3
OPTIONS
1. Create an independent Council Finance Committee
2. Create a joint Council Audit/Finance Committee
3. Current Council Committees remain
RECOMMENDATION
Staff is seeking direction from Council on how to proceed.
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
EXHIBITS
1. Attachment A: Audit Committee, Hotel Occupancy Tax Committee and
Investment Policy Committee Descriptions
2. Attachment B: Budget Timeline
3. Attachment C: Audit Committee Resolution
Respectfully submitted:
y" I
Jon Fortune
Assistant City Manager
Audit Committee
The Audit Committee is charged with the responsibility to ensure the integrity of the
financial statements and that the financial control environment is functioning as intended.
This is accomplished through the oversight of the internal and external auditors. The
Audit Committee recommends the selection of the external auditor to the City Council
and reviews the audit fee and the engagement letter. The committee reviews preliminary
annual and interim financial statements; results of external and internal audits; the
internal audit work schedule, budget, reports, etc.; and the external auditor's management
letter.
The Audit Committee meets at least twice a year and is composed of the City Manager,
an Assistant City Manager, the Mayor, and one or two Council Members.
Investment Policy Committee
The Investment Committee is charged with evaluating and developing the strategies and
procedures of the investment program and monitoring the results. Included in the
deliberations will be such topics as: economic outlook, portfolio diversification, maturity
structure, potential risk to the City's funds, authorized brokers and dealers, and the target
rate of return on the investment portfolio. The Committee also reviews issues related to
the City's bank depository and credit card processes.
If the Investment Committee's decision requires policy changes, the City Council must
approve such changes before they can be implemented. The committee meets quarterly
and membership consists of the City Manager, Assistant City Manager, Chief Financial
Officer, the Mayor, and one Council Member.
Hotel Occupancy Tax Committee
The Hotel Occupancy Tax Committee was established to monitor the allocation and use
of the hotel occupancy tax and make recommendations to the full council to ensure that
the tax is being used to directly enhance and promote tourism and the hotel and
convention industry. Each expenditure must fit into one of the six statutorily provided
categories for expenditures of local hotel occupancy tax revenues. The committee's
recommendations must be approved by the City Council. The committee is comprised of
four voting Council Members with the Assistant City Manager, the Chief Financial
Officer, the Treasury and Tax Manager, and the Senior Assistant City Attorney serving as
staff liaisons. The committee meets twice annually.
DRAFT
2006 -07 Budget Calendar
Date Event
April 4 Five year forecast presented to Council
April 11 Five year forecast presented to Council
July 31 Proposed budget and CIP submitted to City Council and placed
on file with the City Secretary.
Submission of appraisal roll.
Submission of ad valorem effective and rollback tax rates to
City Council.
Submission of certified ad valorem collection rate to City
Council.
Aug 10 City Council budget workshop.
Aug 11 City Council budget workshop. ( Tentative - if needed.)
Aug 15 City Council Budget Study
Vote to consider a proposal for a tax increase prior to
publishing notice of hearing. (Final date)
Sept. 12 1st Public hearing on tax increase. (Adoption must beset
between 3-14 days from this date)
Public hearing on budget.
City Council budget study.
Sept. 19
(Special Called) 2nd Public hearing on tax increase. (Adoption must be set
between 3-14 days from this date)
City Council budget study.
Sept. 26 City Council adopts Annual Program of Services.
City Council adopts 1 st year of Capital Improvement Program
budget.
City Council approves tax rates.
Approval of 2006 tax roll.
City Council approves Hotel Occupancy Tax Recipient
contracts and budgets.
Council Calendar 2006.xls 2/24/200612:25 PM
SA0ur Documents\Reso1utions\05\sudit committee.doc
RESOLUTION NO. J~ Z
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING INTERNAL AUDIT
FUNCTIONS OF THE CITY OF DENTON; ESTABLISHING AN AUDIT COMMITTEE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the objective of the City of Denton to maintain a comprehensive
program of internal auditing as an overall internal control measure and a service to the City; and
WHEREAS, the purpose of the Internal Audit Department is to aid the City Council and
City management in achieving City goals and objectives, while minimizing undue risk; and
WHEREAS, internal audit is a control that functions by measuring and evaluating the
effectiveness of other City controls; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The functions of the Internal Audit Department, which are attached hereto
and incorporated as if fully rewritten herein, are hereby approved.
SECTION 2. There is hereby established an Audit Committee ("Committee") composed
of the Mayor, one District City Council member, and one At-Large City Council member. Ex
officio members on the Committee include the City Manager and up to two Assistant City
Managers. Other voting and non-voting members may be added upon determination by the
voting members of the Committee.
SECTION 3. The City Council members on the Committee shall be rotated, and shall
serve alternating, two-year terms. The District City Council member will be rotated off the
Committee in odd-numbered years, while the At-Large City Council member will be rotated off
the Committee in even-numbered years. The Mayor and ex officio members shall remain on the
Committee until voluntary resignation from the Committee, end of term in office, or termination
from the City.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of yx~&Ozky, 2005.
A,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: '
APPROVED AS TO LEGAL FORM:
EDWIN M. S , CITY ATTORNEY
BY:
Page 2
AGENDA INFORMATION SHEET
AGENDA DATE: March 6, 2006
DEPARTMENT: Planning and Development
CM: Howard Martin, 349-8232
SUBJECT
Receive a report, hold a discussion and give staff direction on a process and review criteria for
State Assisted Muilti-Family Housing programs including, but not limited to the State's Multi-
family Bond Program and the Low Income Housing Tax Credit program.
BACKGROUND
The Council requested that the staff propose a process and criteria for the review of State
Assisted Muilti-Family Housing programs including, but not limited to the State's Multi-family
Bond Program and the Low Income Housing Tax Credit program. A proposal for a process and
review criteria for the consideration of multiple family tax credit applications in the City of
Denton was discussed with Council at its January 10 meeting. The proposal attached hereto
reflects the changes that Council identified at its January 10 meeting.
The Texas Multifamily Mortgage Revenue Bond Program issues mortgage revenue bonds to
finance loans for qualified nonprofit organizations and for-profit developers. To assist low-
income populations, financed properties are subject to what are known as "unit set-aside
restrictions" for low-income tenants, such as rent limitations and other requirements set by the
State of Texas. For example, owners may elect to set aside 20 percent of the units in each
project for households earning 50 percent or less than the area median income; or 40 percent of
the units for households earning 60 percent or less than the area median income. In fiscal years
2003 and 2004 in Texas, a total of $407 million was committed and 7,368 affordable multifamily
apartments were produced, according to the Texas Controller of Public Accounts Office,
February 2005.
Applicants for funding under the Revenue Bond or Tax Credit programs must seek approval by
resolution of the municipality in which they propose to locate a project, if that municipality has
more than twice the state average of units per capita supported by the programs. Since the
number of units per capita supported by the programs in the City of Denton is 2.454 times the
state average for such units, then such applicants will seek approval from the City. Denton has
approximately 0.0145 Texas Bond fund/Tax Credit units per capita.
A proposed process including the changes that Council identified, that could be used by the City
of Denton for consideration of State Assisted Muilti-Family Housing programs, is set forth in
Attachment 1. This process is envisioned as a special use permit utilitizing the zoning approval
process set forth in Subchapter 3 of the Denton Development Code.
I
OPTIONS
1. Direct staff to proceed as submitted.
2. Direct staff to proceed with changes.
3. Direct staff to pursue an alternative path.
4. Table this item.
RECOMMENDATION
Staff recommends that the Council proceed with amendments to the Development Code to
implement this process and the amendment to the fee schedule.
FISCAL INFORMATION
Staff recommends that a fee be charged to cover the cost of processing.
EXHIBITS
1. Draft Standards and Process
Respectfully submitted:
~„y~.~.tot.r
Kelly Carpenter
Planning and Development Director
2
Attachment 1
State Assisted Muilti-Family Housing Programs Process Proposal
Underlined items reflect the changes identifed by Council.
1. Applicant presents a State Assisted Muilti-Family Housing Programs Application
with appropriate fees to the Planning and Development Department.
2. A work session is scheduled with Council to discuss the project and to give
direction to applicant and staff concerning disposition.
3. The Department processes the application according to its published procedures
and Council direction.
4. The DRC reviews and comments on the application.
5. The Department presents comments to the applicant.
6. After the review, Planning and Zoning Commission will hold a public hearing and
make a recommendation to Council.
7. Council will hold a public hearing
8. Approval by Council by ordinance will bind the applicant to the site plan, the
bedroom count and mix, and the amenities list.
Implementation Plan
To implement this plan, the Denton Development Code needs to be amended at 35.3.4 A.
by adding the following:
"7. Consider an application for a State Assisted Muilti-Family Housing Programs
Application."
This would mean that such an application would be treated like a zoning application and
would have a public hearing at the Planning and Zoning Commission and at the City
Council.
Further, the Denton Development Code needs to be amended at 35.12.14 by adding the
following:
"35.12.14. A. Definition: State Assisted Muilti-Family Housing Programs Application
is an application to the City of Denton for approval of a project proposed to utilize State
of Texas tax credit programs for the construction of multiple family projects and may
include low-income projects and/or elderly projects.
Information needed for Council consideration:
In addition the Tax Credit Application form, applicant will provide the following
information:
• Type of project (elderly, low income, etc.)
• Number of bedrooms by size of bedroom
• Total number of bedrooms
• Documentation that Denton has than twice the state average of
units per capita supported by the State of Texas Tax Credit
programs.
• Type and amount of subsidy
• Distance from nearest tax credit or other type of subsidized
housing project
• List of the amenities and design features (e.g., landscaping,
streetscaping, pedestrian features, and the like) Census tract
demographic and income information for the tract in which the
project is proposed
• A detailed site plan
• Number of units to be demolished, including single family
• Number of replacement units to be constructed
• Number of units to be rehabilitated
Review Criteria and Standards: Applicant must demonstrate compliance with all
the criteria below:
• Applicants must identify the site design features they propose to enhance the
project over and above the minimum requirements in the Denton Development
Code. Applicant must identify by list and by drawing.
• Additional site design standards with which applicant must demonstrate
compliance include provision of landscaping beyond that required in subchapters
5 and 13, and provision of architectural features beyond those required at section
35. 13.13.2.13
• Applicant must demonstrate compliance with the following strategy: Restrict
State Assisted Muilti-Family Housing programs projects to the rehabilitation of
existing older (10+ years) rental housing or to demolition and reconstruction of
older rental housing.
• Applicant must demonstrate that the number of units to be demolished meets or
exceeds the number proposed to be constructed.
• Preference will be given to projects that demolish at least 100 multi-family units.
The Development Review Fee Ordinance should be amended to add the following:
Tax Credit Multiple Family Application: $1000
AGENDA INFORMATION SHEET
AGENDA DATE: March 6, 2006
DEPARTMENT: Utilities Administration
CM: Howard Martin, 349-8232
SUBJECT
Receive a report, hold a discussion and provide staff direction concerning Verizon
Southwest's requests and associated Memorandum of Understanding for expedited services
in conjunction with the Fiber to the Premise (FTTP) project.
BACKGROUND
This memorandum is intended to provide you with a brief status update on the Verizon FTTP
project. Since the last City Council meeting, staff has been working with the designated
Verizon representative, Paul Bowles, to establish an agreement with respect to their request
for expedited permitting and inspection services. I received a letter and proposal for the
provision of these services from Verizon on February 24, 2006. My letter response and
modified Memorandum of Understanding (MOU) was sent back to Verizon on March 1,
2006. A copy of that correspondence is attached for your reference. The following
summarizes the differences between the documents we received from Verizon and the ones
we returned to them:
• Items within Verizon's request/proposal that concerned City staff:
o Verizon wants to increase the number of boring crews and associated
production rate beyond that previously presented to staff.
o Verizon wants to dictate the additional staffing to be hired by the City
and the level of compensation associated with that staff.
o Verizon wants to increase the speed at which permits are processed
through the City and the number of inactive permits (approved but
unissued) maintained in backlog with the City.
o Verizon wants the MOU to supercede and replace any and all prior
agreements with the City.
• Other items with respect to Verizon's operations that concern City staff:
o Verizon is requesting utility locates above and beyond the issued
permit levels and is overtaxing locate crews.
o Verizon's level of construction conflicts with existing infrastructure
appears to be increasing.
• Staff s response letter and revised MOU to Verizon included the following:
o Clarifies responsive nature of City's activities and adherence to
applicable codes.
o Sets the number of crews at the previously agreed maximum (30) and
sets forth the time period for "ramping up" the crews.
o Provides reimbursement mechanism without specificity towards
personnel and rates.
o Provides a mechanism for the reimbursement amount to be increased if
necessary.
o Clarifies staff s ability to slow or shut down the process if the City's
ability to maintain customer service is compromised or if damages
become too great.
o Clarifies Council's ability to revisit the agreement in the event of
noncompliance or excessive damages by Verizon.
o Requires an updated permit and construction issuance map with
schedule
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
NA
FISCAL INFORMATION
None
EXHIBITS
1. Letter to Paul Bowles, Verizon
Respectfully submitted:
Howard Martin
Assistant City Manager
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