HomeMy WebLinkAbout2020-10-05 Agenda with BackupCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Council Work Session Room11:30 AMMonday, October 5, 2020
WORK SESSION BEGINS AT 11:30 A.M. IN THE COUNCIL WORK SESSION ROOM
THE CLOSED MEETING WILL BE HELD FOLLOWING THE WORK SESSION IN THE
COUNCIL WORK SESSION ROOM
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse
Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and closed meeting
via video/teleconference.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Monday, October 5, 2020, at 11:30 a.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which the following item(s) will be considered:
WORK SESSION
1. Work Session Reports
Receive a report, hold a discussion, and give staff direction regarding the final report and
recommendations from the Ad Hoc Use-of-Force Committee.
ID 20-1586A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - UOF Committee Report
Exhibit 3 - UOF Committee Report Appendices (bookmarked)
Exhibit 4 - Presentation
Exhibit 5 - Draft Ordinance - Chief of Police Advisory Board
Attachments:
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific item(s) 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:
Consultation with Attorneys under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff, and provide staff with direction
pertaining to the findings, conclusions, and recommendations of the Mayor’s Ad-Hoc Use
of Force Committee, where a public discussions of these legal matters would conflict with
the duty of the City's attorneys to the City of Denton and the Denton City Council under
the Texas Disciplinary Rules of Professional Conduct or of the State Bar of Texas, or
would jeopardize the City’s legal position in negotiations or potential litigation.
ID 20-2016A.
Page 1 Printed on 10/8/2020
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October 5, 2020City Council Meeting Agenda
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.
C E R T I F I C A T E
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 1st day of October, 2020 at 2:02 p.m.
__________________________________________
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 2 Printed on 10/8/2020
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1586,Version:1
AGENDA CAPTION
Receive a report,hold a discussion,and give staff direction regarding the final report and recommendations
from the Ad Hoc Use-of-Force Committee.
City of Denton Printed on 10/1/2020Page 1 of 1
powered by Legistar™3
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: Oct. 5, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the final report and
recommendations from the Ad Hoc Use-of-Force Committee.
BACKGROUND
On Tuesday, June 9, 2020, the Denton City Council approved Resolution 2020-1110 supporting Mayor
Watts’ formation of an ad hoc committee to review police use-of-force policies. The committee was charged
to gather and review information, develop a report of findings, and make recommendations on police use of
force policies and practices to the Mayor and City Council by September 15, 2020.
The Committee held 10 meetings and concluded its work on September 24, 2020 approving a final report
and recommendations to deliver to City Council for consideration (Exhibits 2 and 3). The report includes
background information on the formation of the Committee, an overview of the Committee’s work, a
summary of topics and information reviewed by the Committee regarding the Denton Police Department
and use-of-force, and the findings and recommendations from the Committee.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – UOF Committee Report
Exhibit 3 – UOF Committee Report Appendices (bookmarked)
Exhibit 4 – Presentation
Exhibit 5 – Draft Ordinance – Chief of Police Advisory Board
Respectfully submitted:
Sarah Kuechler
Chief of Staff
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
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Ad Hoc Use of Force Committee
Findings and Recommendations Report to City Council
October 2020
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Contents
Introduction .................................................................................................................................................. 3
Formation and Charge of the Committee ................................................................................................. 3
Overview of the Committee’s Work ......................................................................................................... 3
Public Meeting Recordings ....................................................................................................................... 4
Topics Reviewed by the Committee ............................................................................................................. 5
Department Overview .............................................................................................................................. 5
Policy ......................................................................................................................................................... 6
Training ..................................................................................................................................................... 7
Accreditation and Compliance .................................................................................................................. 9
Transparency and Reporting ................................................................................................................... 10
Internal Affairs ........................................................................................................................................ 11
Civilian Oversight .................................................................................................................................... 13
Findings and Recommendations ................................................................................................................. 14
Recommendations .................................................................................................................................. 14
Other Ideas/Points of Emphasis .............................................................................................................. 16
Messages ..................................................................................................................................................... 17
Use‐of‐Force Committee Chair Sheryl English ........................................................................................ 17
Police Chief Frank Dixon ......................................................................................................................... 17
Appendices .................................................................................................................................................. 18
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Introduction
Formation and Charge of the Committee
On May 25, 2020, George Floyd, an unarmed person of color, died while in the custody of officers of the
Minneapolis Police Department. His senseless death stirred demonstrations and a national conversation
on the need to review and improve the equitable and proper use‐of‐force by public safety entities
across the country. Locally, residents led and joined in demonstration and protests to express their
outrage at the death of George Floyd, their concern that the use‐of‐force by police on persons of color
across the United States has been committed in a discriminatory and disproportionate manner that has
resulted in injury or death, and the desire to have such policies and practices of the Denton Police
Department reviewed.
Denton Police Chief Frank Dixon joined some of the demonstrations and voiced his support for police
reform, sharing the Denton Police Department had been taking action and making changes since he took
leadership in October 2018 and the Department had met all of the “8 Can’t Wait Initiative” measures by
Campaign Zero (8cantwait.org). Chief Dixon also supported Mayor Chris Watts to join former President
Barack Obama’s “Commit to Action” initiative for police reform. The national initiative, led by former
President Obama and My Brother’s Keeper Alliance, called on mayors across the nation to commit to:
1. REVIEW your police use of force policies.
2. ENGAGE your communities by including a diverse range of input, experiences, and stories in
your review.
3. REPORT the findings of your review to your community and seek feedback.
4. REFORM your community’s police use of force policies.
On June 9, 2020, Mayor Chris Watts sought City Council’s support to sign the “Commit to Action” pledge
and form an ad hoc committee made up of community representatives to review police use‐of‐force
policies and develop a report of findings and recommendations to the Mayor and City Council by Sept.
15, 2020.
The ad‐hoc committee was to be composed of 21 diverse stakeholders and community members and 5
ex‐officio members to support the committee. The Denton City Council passed Resolution 20‐1110 on
June 9, 2020, to show support for Mayor Watts’ signing of the Commit to Action pledge and to
immediately form the ad hoc committee as proposed (Appendix A). The roster of Committee members
is found in Appendix B.
Overview of the Committee’s Work
The Committee started its work quickly with the first meeting held on June 25, 2020. The Committee
elected their own Chair, Sheryl English, and Vice Chair, Cedric Chambers, during the first meeting and
agreed to a meeting schedule, which was generally to be held weekly on Thursday evenings via virtual
meetings due to the COVID‐19 pandemic.
The meetings were structured to cover various topics related to use‐of‐force in the Denton Police
Department, including policy, training, reporting of incidents, transparency and data, civil service law,
and meet‐and‐confer agreement. City staff presented information on the topics, and in‐depth discussion
took place at all meetings wherein many questions were asked of staff by the Committee. Staff prepared
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follow‐up information where necessary regarding outstanding requests and presented at each
subsequent meeting.
As part of the meeting schedule, Committee members were invited to participate in Denton PD’s use‐of‐
force simulator. Most Committee members took part in the exercise and discussed their experiences in
the following regularly scheduled meeting.
The Committee also hosted two public input sessions on July 23 and Aug. 20 to gather input,
experiences, and stories from community members. Community members were invited to call in by
phone in each session to provide their experiences and suggestions, or they could provide comment by
an online comment card submitted to the Committee in advance of each public input session. The
Committee received a total of 57 online comments and 20 phone callers over both sessions. The online
comment cards received in advance of each public input session are attached as Appendix C.
Public Meeting Recordings
All ad hoc Use‐of‐Force Committee meetings were streamed live and recorded. The meetings, as well as
the agendas and back‐up materials, can be viewed at www.cityofdenton.com/publicmeetings by
navigating to the Use‐of‐Force Committee subheading.
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Topics Reviewed by the Committee
Department Overview
At the first Committee meeting on June 25, 2020, Chief Dixon presented an overview of the Denton
Police Department to provide important background to the Committee before beginning its work to
review use‐of‐force related items as charged by the City Council through the enabling resolution.
The Denton Police Department is composed of 183 sworn officers and 51.23 civilian employees, as of
Aug. 31, 2020. Officers respond to an average of 105,000 calls for service each year. Denton PD is led by
an executive team (see organizational chart in Appendix D) who expect staff adhere to the department’s
mission, vision, and values:
Mission: The Mission of the Denton Police Department is to make Denton a safe, sustainable,
and livable city for everyone, by keeping victims safe and holding offenders accountable.
Vision: The sanctity of human life is the foundation by which the Denton Police Department
serves. We are committed to leveraging technology, innovation, collaboration, and imagination
to make us trusted and respected by our diverse community.
Values: Professionalism, Respect, Integrity, Dedication, and Excellence (P.R.I.D.E.)
Chief Dixon was sworn in to lead the department in October 2018, bringing with him new expectations
of culture and service to Denton PD. Some of these ongoing initiatives included revising all department
policies, incorporating new training in critical areas, implementing a new disciplinary review process,
and increasing community engagement and outreach. Moving forward, the department continues to
increase community involvement, improve technology, and foster a culture of accountability and
training.
Upcoming Budget and Department Changes
The department has identified several opportunities as part of its proposed FY20‐21 operating budget to
the City Council. One initiative discussed with the Committee was the recent creation of the Mental
Health Division. The division’s mission is “to serve our most vulnerable citizens with compassion and
steadfastness by connecting those in a serious mental health crisis or experiencing homelessness with
help. The Mental Health Division strives to reduce arrests of people suffering from mental illness while
increasing the likelihood they will receive mental health services.”
The Crisis Intervention Response Team (CIRT) will be staffed by one civilian program manager, four
licensed professional clinicians, and four police officers. This co‐responder program will partner each
officer with a clinician, who will respond to calls together in plain clothing. The team will serve as the
primary response for mental health‐related calls for service in the City, 24/7. CIRT will work closely with
community stakeholders, such as Denton County MHMR, Mayhill Hospital, and Denton County Mental
Health Court. Officers serving on the Homeless Outreach Team will be part of the division. Hiring, policy
development, and training plans for the Mental Health Division are ongoing.
Chief Dixon will directly oversee the division, which was formed using existing vacancies in the current
budget. For information on the proposed FY20‐21 Police Department operating budget, view the Aug. 3,
2020, City Council work session meeting agenda and video here.
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Policy
Comprehensive Update
The Denton Police Department has General Orders, which are a set of policies that all Police Department
employees are guided by. In summer 2018, the Police Executive Research Forum (PERF), a police
research and policy organization, conducted an assessment of the Denton Police Department and
identified that the General Orders needed to be updated.
When Chief Frank Dixon started in October 2018, he also identified that as a top priority and began the
process to comprehensively revise the policies. In late 2018, a detective was assigned to develop and
update all Denton PD policies using a new policy software system and industry leader for law
enforcement called Lexipol. The Lexipol system provides many benefits, including assisting with regular
updating of policies based upon best practices, court decisions, and legislative updates impacting law
enforcement.
Use‐of‐Force Related Policies
Copies of the current General Orders are available online at www.dentonpolice.com under Documents
& Forms. The online copy is updated monthly as policies may be refined and updated on an ongoing
basis.
At the June 25 and July 30 Committee meetings, staff presented use‐of‐force related policies to the
Committee and answered questions regarding the policies.
The following DPD General Orders were reviewed:
300 Response to Resistance (“Use‐of‐Force” policy)
o 300.2.1 Duty to Intercede
o 300.3 De‐Escalation of Potential Force Encounters
o 300.3.1 Assessment and De‐Escalation
o 300.4.4 Neck Restraints
o 300.5.1 Shooting at or from Moving Vehicles
o 300.7 Medical Considerations
302 Handcuffing and Restraints
303 Control Devices
304 Electronic Control Weapons
310 Canines
401 Biased Based Policing
General Order #300 provides guidelines on the reasonable response to resistance and as such, was
termed “Response to Resistance” rather than “Use of Force” to more accurately describe when an
officer should use force. The Order reinforces the primary core value and guiding principle of the Denton
Police Department that the sanctity of human life is the foundation by which DPD serves the community
(see excerpt below).
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8 Can’t Wait Policy Initiative
Campaign Zero started an “8 Can’t Wait” initiative to analyze use‐of‐force in police departments across
the country. Campaign Zero examined the use‐of‐force policies of 91 police departments in America’s
100 largest cities to identify the policies that establish restrictions on how and when police use force
against civilians. Out of that research, the initiative identifies 8 measures to be included in department
policy in the effort to reduce violent encounters between police and citizens.
In June 2020, the Denton Police Department reported to City Council and the community that the
department had already adopted all 8 of the measures prescribed by Campaign Zero in the Denton PD
General Orders as shown in the chart below.
Training
Overview of Initial and Ongoing Training
The Texas Commission on Law Enforcement (TCOLE) requires the Basic Peace Officer Course (BPOC) to
consist of a minimum of 696 classroom hours (see Appendix E for courses). Denton PD requires 716
hours to graduate the basic academy. After graduation from the basic academy, Denton PD recruits are
expected to complete at least 742 hours of field training.
Once an officer, every two years, officers must complete 40 hours of training to maintain compliance
with TCOLE. After a certain number of years of service determined by education level, officers can
obtain an intermediate certification. This requires 112 training hours on child abuse, crime scene, use of
force, Spanish, and arrest, search and seizure. Position‐specific certifications can also be obtained with
completion of training hours.
The Legislature and department may also set mandated trainings for all officers. Current required
trainings are:
Legislative Mandates DPD Department Mandates
Body‐Worn Camera Autism 101
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Canine Encounters Human Relations
Civilian Interactions Fair and Impartial Policing (Explicit/Implicit Bias)
Cultural Diversity Animal Abuse Investigations
De‐Escalation Duty to Intercede
Eyewitness Identification 1st Line Supervisor Training on Violence Against
Women
Human Trafficking Identifying and Responding to Stalking
Identity Theft Determining Dominant Aggressor
Interacting with Drivers who are Deaf or Hard of
Hearing
Improving Our Response to Non‐Fatal
Strangulation Assaults
Racial Profiling Integrating Victim's Rights into Practice
Preparing for and Learning to Survive Vicarious
Trauma
NIMS/ICS Training Updates
De‐escalation
Taser/OC/Baton/Narcan
Standardized Field Sobriety Test
Emergency Vehicle Operations
Defensive Tactics
Active Shooter
DPD Training Updates
On Aug. 13, 2020, staff presented information and answered questions regarding the Denton Police
Department’s training requirements. The Denton PD Training Division is responsible for the coordination
and oversight of all department training. The division also assures training is consistent with the Denton
PD Annual Training Plan, the first edition of which was developed in 2020. The Annual Training Plan
establishes the framework and guides the delivery of each year’s training curriculum, and a gap analysis
and training needs assessment were conducted as part of the plan’s development.
The Training Division is currently transitioning to the San Jose Field Training Officer (FTO) program
model. The San Jose model is a four‐phase, 16‐week program designed to help cadets transfer the
knowledge, skills, and abilities acquired in the academy to field application. During field training, the
cadet gains experience working with different field training officers, shifts, geographical areas, types of
calls, and types of investigations. The FTO program is coordinated by a Training Division sergeant, and
the training is conducted by experienced officers who serve as role models and provide coaching and
mentoring to police cadets as they transition to becoming a professional police officer. Field training
officers are chosen through a competitive and highly selective internal process, must successfully
complete FTO certification training, and must exemplify the department’s mission and values.
Officers and supervisors can submit training requests to stay current with best practices and laws, even
if the department does not require the course. An officer can be sent to additional training at any time if
a supervisor identifies deficiencies. Training may also be part of a disciplinary action or performance
improvement plan.
In response to feedback received from officers, the department selected and obtained certification for a
full‐time dedicated Response to Resistance/Defensive Tactics instructor who is providing regular training
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to all sworn members. Additionally, officers are scheduled to participate in scenario‐based situational
training. Denton PD will continue to expand the availability, frequency, and types of training to meet
growing demands.
In September 2020, thirty‐two members of the community and Denton PD command staff completed a
joint training session on fair and impartial policing, which addresses how biases can impact the
perceptions and actions of all people. The training program leaves agency and community leaders with
an action plan to implement a comprehensive program to promote fair and impartial policing. In
addition, 26 officers completed two days of train‐the‐trainer sessions to be able to deliver training to all
sworn and non‐sworn Denton PD personnel.
Also, in September 2020, Denton PD was accepted into the Active Bystandership for Law Enforcement
(ABLE) Project, Georgetown University Law Center’s national training and support initiative for U.S. law
enforcement agencies committed to building a culture of peer intervention that prevents harm. Through
ABLE, Denton PD officers will learn practical active bystandership strategies to prevent misconduct,
reduce officer mistakes, and promote health and wellness. In October, Denton PD instructors will be
certified as ABLE trainers, and all officers will receive eight hours of evidence‐based active bystandership
training.
Community Involvement
In 2019, citizens participated in focus groups aimed at identifying Denton PD training needs and
priorities. Input from these diverse groups helped inform the department’s Comprehensive Training
Plan.
Additionally, Denton PD has a Training Advisory Board (TAB) that assists department training by
providing guidance in the establishment of curriculum, training needs, frequency and location of
courses, standards for training program admission, class size, attendance requirements, and retention.
This includes policies and procedures, as well as confirmation of compliance with TCOLE rules and other
regulations. The following members comprise the Board:
1. Chief of Police (ex‐officio, non‐voting member)
2. Training Division Lieutenant (ex‐officio, non‐voting member)
3. One Denton PD Executive staff member
4. One Denton PD Command staff member
5. One representative from the District Attorney’s Office
6. One representative from the Denton Police Officers Association (DPOA)
7. One representative from the Denton Municipal Police Association (DMPA)
8. Eight community representatives
a. 3 – existing community committee members
b. 5 – new community representatives (FOF, LGBTQ, LULAC, NAACP, UNT)
Accreditation and Compliance
The Denton Police Department is currently seeking accreditation through the Texas Police Chiefs
Association (TPCA) “Best Practices” Agency Recognition Program. Dr. Richard Williams, Denton PD
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Accreditation and Compliance Specialist, presented information to the Committee on the process and
benefits of accreditation during the Aug. 13 Committee meeting.
To become accredited, Denton PD must comply with all 170 best practices identified by TPCA for law
enforcement agencies (see Appendix F). These standards were developed to ensure appropriate
protection of citizens’ rights, improve the safety of public safety employees, and ensure the operational
and professional integrity of a law enforcement entity.
Best practices are categorized into 12 chapters:
Administration and Organization
Professional Standards and Conduct
Training
Personnel
Records and Information Management
Use of Force
Law Enforcement Operations
Unusual Situations
Communications
Arrestee Processing and Transportation
Court Security
Property and Evidence Management
Participation in the program is voluntary. Denton PD is on track to become accredited in April 2021, with
an official deadline of March 2022. See Appendix G for the department’s status as of September 2020.
Once accredited, Denton PD would be awarded the “Recognized” status for a four‐year period. During
this time, the department must submit an annual report and show continuing compliance with several
performance‐related standards. In the last year of the period, Denton PD must prepare updated
documentation on all best practices and another on‐site review is conducted. The Recognition
Committee of TPCA must then vote again to approve “Recognized” status for Denton PD for the next
four years.
Transparency and Reporting
New Initiatives
General orders are publicly available at www.dentonpolice.com and updated as new policies are written
and approved.
Denton PD also recently launched a data initiative webpage, which will serve as an evolving hub of
information about the department. The page includes officer demographics, department staffing study,
demographics, and reports on response to resistance, custodial death reports, crime statistics, and other
documents. Information on the mission of Internal Affairs and how to report commendations and/or
complaints is also available. New reports and other updates will regularly be added to the page.
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Internal Affairs
Overview
The Internal Affairs division of the Denton Police Department tracks employee performance and
investigates allegations of employee misconduct. This unit does not conduct criminal investigations on
Department employees.
Citizens can file complaints under Commendations & Complaints section at www.dentonpolice.com in
English or Spanish, or by contacting (940) 349‐7988 or (940) 349‐7912.
Restructuring of the Division
The Internal Affairs division was restructured in October 2018 to improve accountability, form a
deliberative process through entire chain of command, enhance consistency, expand reporting
capabilities, establish an internal review board, and enhance legal support.
The following chart demonstrates some of the before and after improvements to increase accountability
and the effectiveness of the division:
The following chart shows the total number of complaints and associated disciplinary actions or
counseling from before and after 2018 when the Internal Affairs changes occurred:
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Complaint Data Compiled and Provided
At the July 16 Committee meeting, staff provided information on the Civil Service Act, Meet and Confer
Agreement, and investigations of police misconduct.
For investigations of police misconduct, staff provided and reviewed with the Committee data on
number of Denton PD complaints from 2015 to 2020 (to date at the time). The full presentation with the
data is available in Appendix H or through accessing the July 16, 2020 Committee agenda.
The following chart from the presentation shows an overview of total complaints received, both internal
and external, from 2015 to 2020 (mid‐year).
From 2015‐2020, there were 539 complaints received, which represents both internal and
external complaints.
There were 324 internal complaints, meaning PD employees reporting other PD employees, and
215 external complaints, meaning citizens reporting complaints of PD employees.
During the same time period from 2015‐2020, DPD had 525,318 calls/contacts, meaning only
0.1% of calls/contacts resulted in a complaint being filed.
Of the total 535 complaints from 2015‐2020, 18 complaints related to excessive use‐of‐force (14
regarding use‐of‐force and 4 Taser complaints), or 3.4% of the total complaints.
During the review of this data, the Committee requested if staff could provide more information
regarding the 18 complaints related to excessive use of force for the 5‐year plus period. At the next
Committee meetings on July 23, staff provided two follow‐up reports (Appendices I and J) with more
information, as legally permissible, in regards to the 18 complaints of excessive use of force, including
the allegation type, finding, citizen complaint or internal review, synopsis, demographics of officer and
citizen, and the disposition and action.
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Civilian Oversight
During the meetings, the Committee requested for staff to present information on civilian oversight
options for law enforcement. Deputy City Attorney Mike Cronig compiled and presented a
comprehensive report on civilian oversight boards and models at the Sept. 10 Committee meeting.
Information and topics covered included common goals of civilian oversight, comparison of civilian
oversight in Texas cities, limitations on civilian oversight for the DPD imposed by the Texas Local
Government Code Chapter 143 and the Meet and Confer Agreement with the police association, and
potential models of civilian oversight for the Denton PD should a civilian oversight option be desired and
recommended. Please see Appendix K for a copy of the presentation. The recorded Committee meeting
on Sept. 10, 2020, may provide further information for the many questions and answers that took place.
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Findings and Recommendations
Recommendations
Process
At the end of August, as an initial step to identify common themes and interests for the Committee to
consider, City staff offered to meet one‐on‐one with Committee members to gather their individual
feedback and input. These individual meetings were very helpful to identify common themes among the
members regarding use‐of‐force, but also offered an opportunity to hear valuable insight and
suggestions for the Denton Police Department from Committee members.
At the Sept. 3 meeting, staff compiled and presented a summary from the individual interviews to the
Committee (see Appendix L). This was used by the meeting facilitator to help foster discussion around
the recommendation areas of use‐of‐force policy, training, and reporting.
Prior to the Sept. 17 meeting, staff sent the Committee a memo outlining proposed recommendations
from the Committee’s discussions and a proposed process to vote on recommendations at the Sept. 17
meeting. Also, attached to the memo was a matrix of options for civilian oversight options (see
Appendix M).
Recommendations
At the Sept. 17 meeting, the meeting facilitator introduced each proposed recommendation by topic
and asked for any feedback or suggested changes for the proposed recommendation as drafted in the
memo. Committee members who were unable to attend the Sept. 17 meeting were asked to submit
their votes prior to the meeting.
Recommendations by Topic Area:
1. Policy and Training: Does the Committee have any recommendations for updates to policy
language or training regarding use‐of‐force?
The Committee voted unanimously to support the Policy and Training Recommendation as
presented below. This is the same recommendation as contained in the memo.
After review, the Committee felt that they could not offer any specific
recommendations or changes to policy.
To continue emphasis on understanding and de‐escalating situations, the Police
Department should investigate continued opportunities for regular training for
officers on mental health, diversity and inclusion, persons with physical or
intellectual disabilities, and LGBTQ individuals. Such training should be balanced to
manage proper staffing for the department and other mandated trainings. The
Police Department should track and share general metrics on training.
2. Transparency and Accountability: Does the Committee have any recommendations to enhance
reporting of information to the public?
The Committee voted unanimously to support the Transparency and Accountability
Recommendation as presented below. The Committee made two changes from the draft
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recommendation in the memo to 1) clarify that it should include all use‐of‐force complaints (not
just improper use‐of‐force complaints) and 2) to add the second bullet point to acknowledge that
any loss of human life is tragic.
The Police Department shall create a report that includes data on Officer Response Calls
where Use of Force was used and summary information on complaints filed against Police
Officers for use‐of‐force and their disposition, including if the complaint was sustained
and training was recommended. This report shall be posted and presented online in a
friendly, consumable way. The frequency of the report shall be at least semi‐annually.
Where possible, data should also be presented in a “data dashboard” format.
If there is a tragic loss of life due to the force, the Denton Police Chief and officials are
encouraged to acknowledge or issue a statement reaffirming the value and sanctity of
human life and commitment to transparency and accountability.
3. Civilian Oversight: Does the Committee think civilian oversight is needed? If yes, what option is
recommended?
To start this discussion, each Committee member offered a brief comment on their perspective
if a form of civilian oversight should be recommended. Some Committee members shared that
they thought citizen involvement should be recommended, although not necessarily oversight.
By roll call/voice vote, the Committee voted first on if civilian oversight should be
recommended. The Committee voted 10‐6 that a civilian oversight option should be
recommended.
The Committee then voted on what form or option of civilian oversight should be
recommended. Each Committee member was asked to provide their top two options from the
matrix (see Appendix M again). The votes were as follows: Option #1 – 4, Option #2 – 12, Option
#3 – 2, Option #4 – 6, and Option #5 – 4. The top two options were Option #2 of an Advisory
Board to the Chief (12 votes) and Option #4 Hybrid with a Monitor and a Citizen Panel that is not
part of the Police Department (6 votes).
A subsequent roll call/voice vote was held for Committee for the top two options with Option #2
receiving 10 votes and Option #4 receiving 4 votes, with 1 abstention.
The Committee recommends civilian oversight in the form of an Advisory Board to the
Chief of Police.
At the subsequent meeting on Sept. 24, 2020, the Committee reviewed a summary outline of
what an Advisory Board to the Police Chief means, if City Council accepts the Committee’s
recommendation, which included the following points:
Council would by ordinance create an Advisory Board as part of the Denton Police
Department to advise the Chief of Police.
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16
The ordinance would establish the structure of the Board, its make‐up (civilian, sworn,
or a combination of both), the appointment and removal process for its non‐sworn
members, training of Board members, and its scope, which would include review of
statistical data/trends in the use of force, complaints, disciplinary actions, training, and
policy.
The Board would meet at least semi‐annually (twice a year).
Documents created by the Board would be subject to the Texas Public Information Act
to the extent allowed by law.
Recommendations by the Board are not binding on the Chief of Police.
Recommendations by the Board and the Chief’s response are subject to public release
to the extent allowed by law and subject to required redactions of confidential material.
The Police Chief would issue an annual written report and/or brief the City Council on
the Advisory Board’s work, its recommendations to him and his response, including
which recommendations he rejected, accepted, and implemented.
This process can be implemented immediately without any change to Local
Government Code Chapter 143 by the Legislature or through the Meet and Confer
process.
During the review of these points, the Committee recommended one change that the Advisory
Board should be scheduled to meet quarterly, with a requirement to meet at least twice per
year if there is not enough to schedule meetings on a quarterly basis.
Other Ideas/Points of Emphasis
Throughout the course of the meetings held by the Committee and through the individual interviews,
members have discussed numerous topics related to Police Department programs and services, but not
linked to the use‐of‐force policy review. These include:
Communications (from Police to the community, how to better share progress and everything
that Police department is doing with the community)
Engagement (from Police to the community, creating opportunities to reach and strengthen
connections with the community especially groups that may be apprehensive of law
enforcement)
Mental Health Unit and Response (general support for newly formed Mental Health Division in
the Denton Police Department)
Police Officer Wellness (general support for resources and focus on officers’ mental health and
well‐being)
Police Officer Training (regular training for officers on mental health, diversity and inclusion,
persons with physical or intellectual disabilities, and LGBTQ individuals).
Police Chief Dixon has mentioned a number of times during Committee meetings that he and members
of his staff are appreciative of the feedback from the Committee and are seeking to be both responsive
and proactive about these items brought forth by Committee members.
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17
Messages
Use‐of‐Force Committee Chair Sheryl English
Our experience together was formed as a result of the outcry of injustices from police use‐of‐force
incidents and deaths nationwide. While we cannot compare our police department to other
departments, it was the concern of the stakeholders of this community that we have systems in place to
prevent unnecessary use of force in Denton. While we acknowledge the progress that has been made,
we understand there is more work ahead.
I would like to thank the Mayor for establishing this committee and to the City Council Members and to
City Manager Todd Hileman and staff who were supportive in the process. Thank you to Chief Frank
Dixon and his department for all the information and input that was provided.
Mostly, I would like to thank the committee members who participated in this process. I hope this
experience has excited you to further volunteer to serve and incite growth in our city, because a great
democracy starts at the local level.
Warmest regards,
Sheryl English, Chair
Police Chief Frank Dixon
On behalf of the men and women of the Denton Police Department, I want to thank Mayor Chris Watts
for having the foresight to commit to building a better community by signing on to the Mayor’s Pledge in
concert with former President Obama and My Brother’s Keeper Alliance call to action and forming an Ad
Hoc Use of Force Committee. Our city also owes a debt of gratitude to those community members who
have sacrificed a significant amount of their personal time to serve on the committee. I take great pride
in serving a city that was able to quickly mobilize and create a very diverse committee to analyze the
Denton Police Department’s Use of Force, including but not limited to: policy review, citizen input
sessions, individual committee member interviews, and collaborative conversations. There is no greater
asset to obtaining real, sustained change than uncomfortable and critical conversations. The fact that
our committee could carry on those conversations, while allowing one another to speak from the heart
in a safe space, proved very beneficial.
I am excited about the committee’s final recommendations to Council, and perhaps more importantly,
the informal feedback I have had the opportunity to hear on a near weekly basis during the committee
meetings. It is truly humbling to serve such a diverse, welcoming, and supportive community that
supports the Denton Police Department, and the men and women who have answered the call to serve.
In conjunction with very directed and intentional training, such as Fair and Impartial Policing, Active
Bystandership for Law Enforcement (ABLE), and the implementation of our city’s first ever Mental
Health Division, the Denton Police Department has become an industry leader in American law
enforcement.
I look forward to our continuing partnership within our community, and the future of policing in the City
of Denton.
With Great Admiration,
Frank
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18
Appendices
A. Resolution No. 20‐1110
B. Committee Member Roster
C. Online Comments Received
D. DPD Organizational Chart
E. Basic Peace Officer’s Certification Requirements
F. Texas Police Chief’s Association (TPCA) “Best Practices” Agency Recognition Program Checklist
G. Denton Police Department TPCA Recognition Program Status Worksheet: September 2020
H. Presentation to Ad Hoc Use‐of‐Force Committee on July 16, 2020
I. Use‐of‐Force and TASER Reports: 2015‐2020
J. Training Disposition Reports: 2015‐2020
K. Presentation to Ad Hoc Use‐of‐Force Committee on Sept. 10, 2020
L. Summary of Common Themes
M. Memo and Matrix of Options Sept. 16, 2020
22
RESOLUTION NO. 20- 1110
A RESOLUTION OF SUPPORT FOR THE MAYOR’S COMMITMENT TO 1) REVIEWING
USE-OF-FORCE POLICIES, 2) ENGAGING THE COMMUNITY IN SUCH REVIEW BY
INCLUDING DIVERSE INPUT, 3) REPORTING THE FINDINGS OF THE REVIEW TO THE
COMMUNITY AND SEEKING FEEDBACK, AND 4) REFORMING USE-OF-FORCE
POLICIES; CREATING AN AD HOC USE-OF-FORCE REVIEW COMMITTEE;
CONFIRMING THE CHARGE FOR THE COMMITTEE; AND DECLARING AN EFFECTIVE
DATE
WHEREAS, the United States experiences thousands of police use-of-force incidents
annually, resulting in death and injury to both officers and citizens; and
WHEREAS, the City of Denton cherishes the safety of its residents and understands that
effective policing must recognize the humanity and dignity of every person and strive to
continually address issues of equity in its policies and practices; and
WHEREAS, the death of George Floyd, an unarmed person of color, by officers of the
Minneapolis Police Department has stirred a national debate for the need to review and improve
the equitable and proper use-of-force by public safety entities across the nation; and
WHEREAS, members of the City of Denton community have led demonstrations and
protests to express their outrage at the death of George Floyd, their concern that the use-of-force
by police on persons of color across the United States has been committed in a discriminatory and
disproportionate manner that has resulted in injury or death, and the desire to have such policies
and practices of the Denton Police Department reviewed; and
WHEREAS, the My Brother’s Keeper Alliance is calling on mayors to pledge a
commitment to the following actions:
1. Reviewing police use-of-force policies;
2. Engaging the community by including a diverse range of input, experiences, and stories
in the review:
3 . Reporting the findings of the review to the community and seeking feedback; and
4. Reforming our community’s police use-of-force policies; and
WHEREAS, Mayor Chris Watts seeks the support of the City Council for committing to
participate in this program and the prompt appointment of an ad hoc committee of residents
representing the diversity of the City of Denton to execute a review of the Denton Police
Department’s use-of-force policies and training, gather community input, and report findings;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitals contained in the preamble are hereby adopted and
incorporated into the body of this resolution as if set out in full.
23
SECTION 2. An ad hoc Use-of-Force Committee is hereby created, which shall be
composed of City of Denton residents who represent a diversity of perspectives, experiences, and
backgrounds and shall be appointed by the Mayor. The Mayor plans to appoint a number of
citizens, including representatives from the following or similar groups:
The National Association for the Advancement of Colored People (NAACP)
The League of United Latin American Citizens (LULAC)
The National Organization of Black Law Enforcement Executives (NOBLE) University
of North Texas College Chapter
The Denton Police Training Advisory Committee
Local Universities/Colleges
The LGBTQ Community
The Faith Community
Denton Independent School District
Denton County MHMR
Persons with Disabilities
The Denton Police Officers Association (DPOA)
The Denton Municipal Police Association (DMPA)
•
•
•
•
•
•
•
•
•
•
•
•
The Committee shall elect a chairperson from its membership and shall perform its
functions in accordance with this resolution. Any matters not addressed in this resolution shall be
governed by the "City of Denton Handbook for Boards, Commissions, and Council Committees."
SECTION 3. The Use-of-Force Committee shall review, research, gather community input,
and establish clear findings, conclusions, and achievable recommendations that promote the use
of best practices in use-of-force policies and training for the Denton Police Department. City of
Denton staff will provide administrative and technical assistance as needed.
SECTION 4. The Use-of-Force Committee shall report on its findings, conclusions, and
recommendations to the Mayor and City Council no later than September 15, 2020. Such findings,
conclusions, and recommendations shall be made available to the public.
SECTION 5. This resolution shall become effective immediately upon its passage and
approval.
)rove this Resolution was made by+Haha this
/i
The motion to
seconded by
the following vote B - Z] :
and approved by
24
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
\/
,/
Aye Nay Abstain Absent
JJ
JJ
,/
./
PASSED AND APPROVED this the day of 2020
king-MtBE
ATTEST:
ROSA RIOS, CITY SECRETARY
liza
. ah,
APPROVED AS TO LEGAL FORM:
AARON L CITY ATTORNEY
25
Ad Hoc Committee on Use‐of‐Force
Membership (by last name)
Last Name First Name Affiliation
Baines John Citizen
Butler Jamell Citizen
Chambers Cedric Faith Community
Combs Cameron University of North Texas (UNT)
Conner Kamyon LGBTQ Community
English Sheryl Denton Police Training Advisory Committee
Green Yancy Denton Police Officers Association
Gutierrez Pam Denton County MHMR
Henderson Gary Citizen
Hudspeth Willie National Association for the Advancement of Colored People (NAACP)
Hughes Beau Faith Community
Love Rhonda Citizen
Moore Chay'vion North Central Texas College (NCTC)
Nicholas Travis Denton Municipal Police Association
Prado‐Carrillo Lilyan League of United Latin American Citizens (LULAC)
Ricks Angela Denton Independent School District (DISD)
Stone Butler Katina Citizen
Tyson Dawna‐Diamond Texas Woman's University (TWU)
Walker Blanton Jaime Persons with Disabilities
Cruz Carmen withdrew from Committee due to personal reasons
Long Dionte did not participate in Committee
26
Entry Id Name Last Are you a city of Denton resident?Please share your input about Use of Force, or your experience and stories related to the Denton Police Department:City State Postal / Zip Code1 Bill Grubbs Yes We need law enforcement. Our police need the complete support and confidence of the citizens they serve thus increased communication and interaction between police and citizenry is suggested. I suggest more training and investment in non‐lethal technology to retain or arrest individuals. I suggest more training in the use of force and when it is appropriate. Texas Denton2 Forrester Lowrie Yes I believe the current use of force policy uƟlized by the City of Denton Police Department is sufficient. I also believe that Denton has an excellent police force and should support the police department.Denton TX 762053 Jason DAvis Yes I think the police Dept and its officers are great. They deal with the law breakers on a daily basis and need to do so with caution for their own protection. If people would respect the office and comply with their request to freeze, put your hands up, stop. We wouldn't have many problems. Instead almost no one stops and complies with the officer so the officer sadly must use force. There are two side to every argument and I feel the police are getting a bad rap. Sometimes force is necessary but most of the times if people would comply they wouldn't need to use force. The new only shows the chaos, most of which is started by the very people that are breaking the law and then disrespecting the officer, when the police show up to bring law and order back to the streets.. Denton TX 762054 Jennifer Gunn No I support Denton Police Department and feel overall they do a good job protecting the public. I do believe that additional training is always good to help officers deal with challenges in patrolling. We have increases in not only population overall, but people under the influence of drugs or alcohol, mental illnesses, and just individuals quick to anger. Officers deal with high levels of stress, shrinking budgets, and enhanced scrutiny. I feel an overall approach of training (techniques, lessons learned, mental health) new equipment, (body cameras, new technologies for subduing combaƟveness), and making a goal for 2 officers per call can all help create a beƩer overall department. We also need to address concerns by being open with the public, as much as legally possible, taking corrective actions against officers when warranted, and promoting more community policing. I have lived here two years and can count on one hand when I have seen an officer in my neighborhood. Community policing helps with understanding and helps bridge the gap between police and community. I would love to see a plan where officers can protect themselves and others even if deadly force must be used. However, it also needs to strive to ensure the appropriate level of force is used and encourage cooperation between public and police. Denton TX 762105 Dinah Thomas Yes I object to this biased Ad Hoc Committee. Chief Dixon was screened chosen for his ability, integrity, knowledge to secure the personal safety of Denton Citizens by the City of Denton. Denton Police Department has been proactive with the Citizen Police Academy, Officer Kizer’s Faith Community Safe Practices, Summer Camps. I suggest every member must be required to have attended the Citizens Police Academy, a on duty ride‐a‐long with a working Officer in order to pass judgement of our DPD. In house training has been a tradition of DPD for decades. Please produce evidence abuse to citizens has occurred ed. Nothing less will do. This committee needs to DEFEND our POLICE and train our Citizens to be respectful, comply with police in a non‐threatening, non‐violent, forthcoming nature as they obey their Oath of Office with integrity, risking their lives, bodily injury which may cause permanent disability. Name another profession, other than Military with that dedication. This Ad Hoc Committee is political absurd witch hunt, attacking a honorable profession, with dedicated Officers working long hours in inhospitable conditions, for not enough pay, benefits to protect society from law breakers, criminal element. This is an asinine ploy, I am offended, heart broken, dismayed the City of Denton would take this action. God Bless America, God Bless our Officers.Denton TEXAS 762106 Iris Cox Yes I support whatever force the police officers need to apprehend a dangerous criminal. People out there that supports Non choke holds or support unfunding the police have never worked with unruly criminals especially those high on illegal drugs. I do believe though any officer written up by the Chief of Police several times for abuse of force needs to be fired. I am not and never have been in the police force but I do know what they have to go through. Thank you for serving our community. DentonTexas 762107TonyRailing Yes Nothing but respect. With the University in town and the highly disrespectful population that brings I believe they show a lot of restraint and good judgment.8 Pat Powell Yes Those persons hired by the Police Department are properly trained regarding the necessary force required for a given situation. When these men and women are doing their job and encounter someone who requires a use of force, their life is possibly on the line and they certainly don't need their hands tied behind their backs with additional requirements placed on them by these useless politically inspired committees, inspired by (and possibly comprised of) persons who most likely have absolutely no experience being involved in such situations. Please DO NOT give in to the strictly political desires of those wishing to further restrict our law enforcement personnel. History shows that no matter what concessions are given, they ARE NEVER enough for those wishing to restrict and they will simply be coming back for more and more concessions until we simply do not have law enforcement. Perhaps rather than addressing Use of Force by the Police, we should instead address those citizens insisting on breaking the law. Use of Force is not a problem for those who are law‐abiding citizens!Denton TX 76205Online Public Comments Received, pg. 127
9 Colette Yetka Yes I am a citizen who is an avid believer of law and order. I do not believe we can survive as a city or a country without our police, so feel very strongly we should "Back the Blue". The majority of men and women who serve as police are dedicated and committed to public safety and, therefore, shouldbe respected and appreciated. Denton Texas 7621010 Stacy Weldon Yes First of all I have a concern about the extremely diverse makeup of this committee. It doesn't seem to be in line with the makeup of the community and appears to be predisposed to be anti‐police. I think the Denton police and police nationwide do an amazing job especially with the lack of support they are currently receiving. The incidents that are causing these types of reviews are few and far between. Please support our police and recognize the great job they do. Also find it interesting that these comments won't be read during the meeting. Hopefully the committee members will read them on their own. Thanks for your time.Denton TX 7620511 Kevin Menard Yes My experience with the DPD over the last twenty‐some‐odd years has been informally positive. Whether it was a stop for a tariff violation, a call due to an elderly neighbors distress, as a protestor at a demonstration, or as a teacher collecting one of my students who had gotten into trouble, in all the cases I experienced the police in Denton were professional, polite, and courteous. Even when I disagreed with them (at a tariff stop for example)Denton Denton 7620512 Cheryl Roth Yes Use of Force when necessary for PD to do their job with a subject who is resisting arrest. Police Officers are trained on when/where this type of force is required. You can't expect a subject who is resisting arrest to calmly put their hands behind their back to be placed in handcuffs. Denton Texas 7620513 RW Mason Yes While everyone is heartbroken over the incidents by officers in Minneapolis, Denton Police are a valuable and trusted asset. Denton Police do an exceptional job of building relationships and supporting the Denton community. This unnecessary Committee promoting the current Mayor and former President Obama’s “Commit to Action” initiative should be focusing on other topics than "use of force." I provided much of the information below to Mayor Watt and Councilmember Davis ‐ thank you, Mr. Davis, for responding. Mayor Watt must have been too busy researching non‐Denton issues to show ciƟzen respect even with a programmed email response. A small number of bad police, anywhere, is unacceptable, and every effort should be made to identify and remove those bad ones. A small number of lawbreakers like individuals that rob or vandalize private property will tear down the entire country we know as the United States of America. No one seems to be talking about the police officers that were injured protecting peaceful people or the retired St Louis Captain that died protecting his friend’s property from robbers or children murdered in Chicago and New York. We need law and order to protect us from individuals that will harm us and our property, whether small or large. I haven't always agreed with Denton Police, but overall I'm thankful for their professionalism despite the acƟons by some Denton City elected officials.I watched the entire video of the incident at UNT with a young man that refused to provide ID, at first would not give his name, and tried to ride away. The officer was well‐trained and handled the situation in a proper and measured manner. The officer was polite to the Mother on the phone and to the students that surrounded the location. He stopped the young man for safety reasons ‐as I've experienced un‐lighted bikes while driving, it is scary for a car driver to discover a bike without a light in your path suddenly. During the arrest process due to violation not addressed by the young man, the officer was polite and kind, asking if he wanted his friend to keep his backpack and charging his phone. I'm unsure if the officer received specific training to handle this type of situaƟon and/or it was his nature to be respecƞul, but I believe he did an excepƟonal job in handling the case. The “defunding movement” is a failure to deal with the issue that bad people exist in every profession. More funding should be provided for training and experiential learning workshops to identify and remove the few bad ones and to help officers deal with complex issues. The Mayor's decision to join this Initiative shows politics in a non‐partisan, according to Texas law, city government. If Denton wants to be a leader, look for funding for professional development and ways to build relationships within the community, and stop wasting time on unnecessary committees likely determinedto find fault where there is none.14 Gordon Sallee Yes The city of Denton is lucky to have a very fine police force, and we need to support them as they are. There have been no reported occurrences of "excessive use of force" that I am aware of, so please stop this nonsense. What this council seems to NOT understand is George Floyd was a career criminal who pointed a loaded gun at the womb of a pregnant black woman which caused him to spend a fifth stint in a state prison, and Derek Chauvin, a white police officer (if that matters) had a history of misconduct; a long history. Can anyone of you say that of any of Denton's police officers. If the committee is formed just to review police policies, I'm fine with that; but if the committee is there to force change to police policies, I do have a problem with that. What I want to know is how many members of the committee have ever worn a badge and risk their lives for the sake of others against dangerous criminals; please don't start trouble where there is none just to look good to the public eye. I'm sure the Denton police department has an Internal Affairs department for handling any misdeeds by officers, and I trust them more than I trust this committee.Denton TX 7620515 Patricia Davis Yes I had my house broken into in the middle of the night when I was asleep 3 years ago. The police were very supportive. I was terrified. I live alone and am 66 years old. I have had nothing but positive experiences with the Denton police and do not wish to have any funds diverted from the police dept. We need more funding to help them. Every week we get notifications that people are walking the neighborhoods breaking into cars. When they caught them, the people that broke into my house said they started out breaking into cars and moved up to houses. The police need all of our support. We need theirs. Please do not defund the police dept. It places us all in jeopardy.Denton Texas 76210Online Public Comments Received, pg. 228
16 Ethel TomlinsonYes PD at our home a couple times and the policemen were nothing but respectful and helpful. As an added point, some people have lost respect for law and order and do not think that there are procedures to be followed when requested by aw enforcement and their noncompliance creates issues for the PD and their families and neighbors. I am old school and have always believed we have laws for our safety and without their enforcement we are ROME burning. Yes, there are probably some irritate attitudes out there, but our PD must ensure their safety as well as the safety of others. I am 100% backing our Denton Police force. Also, cannot say enough great words for our nearby Fire Dept personnel and their rapid response when needed. We are blessed to live in a great city and protected by a great PD/FD. Thank you!Note....added comment is after reviewing committee members, I do not recall seeing Latino representation since Denton has a heavy Latino population and having a representative could possible help spread the great work of our PD.Denton Texas 7620517 Nancyq De HonoresYes The DPD and its members are an asset to the City of Denton. They are fast, responsible, very well trained and highly educated. Many of them graduated from UNT. They are polite and professional in their intervenƟons. Some years ago, I called DPD to help with the misbehavior of my neighbor's grandson. They came and were impeccable in treating them and solving the situation. I called them also to take care of a wild animal, the officer in charge of Animal Services Dept. came and did his job nicely and clean. Still, by the end of June, I went to pay my taxes, and saw many people wearing masks, as I forgot the mask in my car, a courteous police officer gave me one he had on stock. I think our DPD must be continually funded, as we pay our taxes to be free and protected from wrong doing. Our DPD must have the most recent and the best equipment: cars, uniforms, communicaƟon/ protecƟon devices, and good salaries to serve us the best they can. In July 2016, we remember five of our police officers were murdered in Dallas, they rendered their lives and no remembrance is made of/ for them, many other were wounded, we do remember them in our hearts and prayers. I wish they and all who help us be supported by: "We, The People." I am a language/linguistic professor and feel much gratitude for all those who have given their lives to protect us. Thank you.18 Anthony Houston Yes I believe police officers provide an invaluable service to our community and the vast majority of them seek only to serve and protect. Instances like the George Floyd situation are unacceptable and should be treated as such. However, we cannot let a limited # of incidences like that neuter our officers. Instances like the Rayshard Brooks scenario show that completely peaceful interactions with officers can turn violent in a matter of seconds when a criminal seeks to harm an officer. Our Officers need the best in support, training and tools to respond ‐ which unfortunately includes use of force and use of deadly force in the most extreme circumstances. Denton TX 7621019 William Schofield Yes I just wanted to take a moment and thank the police for their service. While every institution has issues and a few bad employees, the current "re‐evaluation" of police is being driven by politics and emotions not science or need. Can we improve, of course but this committee is not the answer. How many of you have actually been arrested or interfaced with the police? Have any of you ever gone on patrol or been in a questionable situation? Sadly, this citizen believes this is just a feel good exercise not real governance. Tearing down the statutes only hurts history, tearing down the police will be something more dangerous in the present. Be leaders not followers. Denton TX 7620520 Nadja Gibbs Yes I only have good experiences with the Denton PD. However, in response to the formation of this Committee: It is worrying me that policies are only reviewed, because of an actual event. I want to share with you the same as I'd tell my graduate students: An effective process can only happen, if there is continuous optimization. This said there should not only be proper processes in place, which are adapted to match a constantly changing environment and dynamics...there should also be a REGULAR audit process (e.g. a permanent committee with changing members), which is not just a response to an event. DENTON Texas 7620521 Kathleen Kelley Yes The police have my full support. Every officer I have met has been kind, considerate and behaved appropriately. Do not defund our Denton police! I support them. DENTONTX 7620522VickiCarter No I have only experienced the utmost professionalism when stopped by our Denton police. At no time have I ever felt threatened or that my rights havebeen infringed upon. Also as a minority, Native American, I do not see my people represented on your committee. I would ask that this is addressed by inclusion also. Denton Tx 7620523 GErry Green Yes This is excessive over‐site for a problem we do not have. I support the police and what they do. If people would stop and respect the officers when questioned and not run or berate them, these problems would not occur. Seems like the people in schools and communities need the addressing andover‐site. While the incident that started this was bad, this is a waste of tax payer money to cave to a movement now run by marxists and people whowant to over throw the government. We need Law enforcement to protect law abiding citizens. When these protesters step over the line, I expect our city council to support our law enforcement and empower them to make the appropriate arrests. Put an end to and not continue this mess,denton tx 76205Online Public Comments Received, pg. 329
24 Jay Powell Yes As a lifetime Denton resident, I have always heard (and believed) that the Denton Police Department was one of the most respected police agencies in North Texas. Accordingly, I felt quite confident that they have appropriate response to resistance policies in place. However, I recently decided to visit their website to conduct a little research. I was happy to see that their policies are posted online ‐ this transparency is greatly appreciated. I reviewed their various policies related to force and found them to be well thought out, thorough, and appropriate. As a matter of fact, 43 pages of their 217‐page policy manual is dedicated to response to resistance (almost 20%). The policies detail all force‐related issues, including use of the various types of force, the reporting of that force, and the subsequent internal investigation of each incident that is conducted by the Department. I was impressed with the detail of Denton’s policies. I also noted that the Department’s "Response to Resistance Board" already includes an "Accreditation and Compliance Specialist." While there is no definition provided for that member of the board, the title suggests that it is a civilian member that works with the other members to analyze whether, or not, force was within policy. I am a police officer with twenty‐six years of experience, and I have been an Assistant Chief at another North Texas police agency since 2014. I have written numerous police policies over the years and I have been closely involved with my Department’s reviews of our responses to resistance. Accordingly, I feel qualified to rate the caliber of Denton’s Response to Resistance policies. Police officers attend hours and hours of training to become proficient in the use of their various weapons. As they work the streets, they gain valuable experience which hone those skills. The officers are required to attend ongoing training to ensure that they remain proficient and are up‐to‐date on current events and trends. To seat a board of civilians who have not had this extensive training, or those valuable experiences, is counter intuitive. As an example, a board of citizens would never be convened after a structure fire to evaluate the Fire Department’s response to the incident. The citizens do not have the training, nor the job knowledge, to know whether the firefighters’ response was appropriate, or not. I feel that this same raƟonale applies to the idea of ciƟzens evaluaƟng a police officer’s response to a suspect’s resistance.In closing, officers police each other on the street. Their supervisors constantly evaluate their work. In Denton, the Response to Resistance Board thoroughly evaluates each incident involving force by an officer. Administration also closely monitors these incidents and acts on the findings of the board. The Department currently takes appropriate measures related to response to resistance. Use of excessive force, regardless of the suspect’s race, is not a problem in Denton. A murder committed by a police officer thousands of miles away does not automatically necessitate a modification to Denton P.D.’s protocols and operations. I recommend that the Department continue to be transparent and follow their existing policies.Denton Texas 7621025 ConcernedBlack Guy Yes I have a question related to please policy and the number of officers needed on scene. For many years myself and others have observed sometimes three four even five police cars and even more officers on scene for sometimes a single person situation. Of course as a non‐police trained individual there are many situations that may require this much back up but visually and through experience it seems to look like several armed police officers talking to a single or few people and no arrests or made or a citation is given. This long comment was to ask what are the policies or standards for the number of officers presence and are these public? Example, black man panhandling and 4 police cars are present and 5 officers are there and the person is not acting out or being hostile.Online Public Comments Received, pg. 430
26 Shannon Denise No As someone who has worked for a sheriff's department in the past I am concerned for the LEO's who still wear a the badge. Is anyone concerned for those officers who still wear the badge's safety? Re‐writing the Use of Force policy is essentially making the officers do their job with one hand tied behind their back. Criminals do not follow the law and for the ones who resist law enforcement they do not fight fair. They know the policies officers must abide by and they know that officers will be prosecuted by the media and public opinion if the criminal make any claims that the officer did wrong. Here is a snip‐it of an article where a deputy could have been severely injured or killed if it were not for brave bystanders‐"On 7/18/2020 around 1 AM, Deputy Elliott was off duty, driving her marked patrol car home after her shift when she was flagged down in the City of Auburn near the E Valley Access RD for a very intoxicated male who had just caused a mulƟple vehicle collision. Deputy Elliott checked on all of the occupants of the vehicles involved to make sure no one was injured and everyone was alright. A woman whose car was hit told Deputy EllioƩ the man that had just caused the collision was drunk and trying to walk away from the scene. Deputy Elliott called out to the male to stop, but he kept trying to stumble away from her. Deputy Elliott had to jog up to the male and was able to grab on to him to advise him he was not free to leave and was being detained. The male immediately turned around in a fighting stance with his arms up in the air. A struggle began and at one point Deputy EllioƩ was able to get the suspect onto the ground and call for help on her radio. Suddenly, the suspect wrapped his arms around Deputy Elliott's neck, put her in a headlock and began squeezing. She struggled to get out of the holdbut thankfully did not lose consciousness. About this time, Deputy Elliott heard several men's voices yelling "get off of her." A group of young men, pictured below, jumped on the suspect and struggled with him as Deputy Elliott was able to get free. They held the suspects shoulders and legs to theground to allow Deputy EllioƩ to handcuff the man. Deputy Elliott sustained scrapes and bruising but thankfully she was not seriously injured. We cannot thank these five young men enough for coming to Deputy Elliott's rescue. They quite possibly saved her life. The photo was taken just a few minutes after the teens helped her. Moms and Dads, you should be proud of these kids! The suspect was arrested for felony assault of an Officer and DUI and booked into SCORE jail by Auburn PD, who will be the primary agency on the case. The suspect had several other warrants for his arrest, including for DUI, DWLS 1 and failure to have an igniƟon interlock."Or here is an innocent Trooper who was accused by a female of a heinous crime, received death treats from the public, assumed guilty by public opinion, and then come to find out the claims that the female made against the Trooper were false‐https://abcstlouis.com/news/nation‐world/body‐camera‐footage‐clears‐tx‐state‐trooper‐accused‐of‐rape‐naƟonallyGraham Texas 7645027 Elizabeth Paz Yes I am concerned and upset as to how Denton PD handled the call regarding Darius Tarver back in January. DPD was called to assist him due to having mental health‐related distress and was treated like a criminal by the police rather than someone in need of help. I wonder if Darius was not Black if the call would have been handled differently. I also have to wonder if the officers called to the scene would have had proper Crisis Intervention Training if Darius, also known as DJ, would have been sent by the officers to receive psychiatric services and still be alive today. Amy C. Watson, PhD and Anjali J. Fulambarker, MSW (2012) stated in a study that Crisis Intervention Training has helped police departments around the country to train their officers in de‐escalation techniques in order to properly assist civilians with mental health issues as well as to work in conjunction with local mental health facilities to properly assist these ailing people. I am not sure how Denton PD usually deals with mental health calls, but how Darius Tarver was treated demonstrated that the officers responsible did not demonstrate any competency or sensitivity towards a young Black man in mental distress. Instead of treating all civilians as criminals, I believe Denton PD should work to increase training that police officers receive to better serve those who are people of color and suffering from mental illness and traumatic brain injuries. Crisis Intervention Training as well as diversity and cultural sensitivity training should be a mandatory part of becoming a police officer and should be conducted annually. As a former teacher and a future counselor, I have had to undergo specialized trainings multiple times each year to properly serve my students and clients and ensure that I am held to proper accountability. I believe police officers should be held to a gold standard of accountability, especially if they should fail to properly do their job and endanger civilians' lives recklessly. The four officers who were responsible for Tarver's death must answer to the consequences of their failure to help him, whether that be termination or having charges filed against them. Their actions should be used as an example for not only Denton PD, but for other police departments around the USA. The city of Denton could be leaders in how police departments should properly handle calls with people of color and the mentally ill, but only if we learn from past mistakes.Denton Texas 7620128 Elin Kimery Yes I do not believe that the Denton Police Department has been adequately trained in managing systemic and implicit racism or in how to deal with mental health crises. This is seen in the case of Darius Tarver, where force was used suspiciously, inappropriately, and fatally. Denton Tx 7620929 Daniel Peak Yes I've witnessed several incidents where the Denton Police arrested persons demonstrably not cooperating with the officers. On none of these occasions did I believe the Police acted unreasonably, especially when baited and demeaned by the subjects. I was impressed by the patience they exhibited in the face of directed, unpleasant conduct on the part of the alleged culprits.Denton TX 76205Online Public Comments Received, pg. 531
30 Daniel Oflaherty Yes I have attended the City of Denton Citizens Police Academy, I have been on ride along with a DPD officer, I have called for service, I have had them at my house due to security system activation, and have witnessed as a community leader for my neighborhood their interaction with homeowners and renters.ALL DPD officers I have been blessed to have interactions with have been professional, kind, and always work with the highest level of integrity and care for the people involved!I find their actions in all interactions I have had with them to be low‐stress, high‐quality, care based with the citizens well‐being at the center of all decisions!Anyone that has a bad interaction with the DPD should know that they all have family to return to after the shift, they want to be safe and happy just like everyone else, but they do stand between lawlessness and peace, and they are the ones that keep the peace!Anyone that considers any changes to the DPD policies, procedures, guidelines, or seeks to mandate any changes should be required to attend the DPD Citizen Police Academy, you can't know what it feels like to work the night shift and deal with a drunk person attacking a roommate, or a drunk driver with kids in the car, or any other situaƟon from reading, you need to be there to understand the REALITY of the DPDs jobs!I stand with my AMAZING DPD and am happy and honored to have each and every officer and member of law enforcement serving my community here in Denton Texas!Denton TX 7621031 Nia Thorton Yes I would like to know the justification for forming this committee. As far as I know there is not a problem with Use of Force in the Denton P.D. This appears to be led by special interest groups originating outside of Denton and they have no right to come into Denton and ask our city to form a committee. The Mayor was in error in obeying their commands and bowing down to a tiny special interest group intent on defunding our Police force. The fact that this committee has been formed is a shame and an embarrassment to those who support the Police Department and this "Committee" should be disbanded immediately and an apology sent to every police officer and citizen of Denton. We will remember this when it is 32 Bethany Weston No My name is Bethany Weston and I am a teacher in Denton ISD and concerned community member. I am commenting today about the “ad‐hoc committee” and its role in Denton policing. I am most concerned about lack of transparency, the role of ICE in the community, and a lack of discussion about school resource officers because it fails to center the most marginalized and affected by policing in Denton. I would like to see complete transparency with community members, specific anti‐racist/discrimination trainings for all officers, and swift specific consequences for use of force. Historically, reform hasn’t prevented or reduced harm to communities, we demand solutions that divest police resources into the community, not the type that further empower and militarize police resources. Thank you for listening. 33 Madeline Fink Yes I hope the City of Denton will go beyond just police reform and invest in programs and policies that help vulnerable citizens economically and socially. I also hope that within the police programs and reforms, racial bias will be clearly addressed as a contributing factor to police violence. Denton TX 7620934 Rhonda Powell Yes I have concerns with having people who are not qualified to assess law enforcement policies being put in a position to do so. They do not possess the training, the education, nor the experience to understand why the policies are in place. It is extremely easy for the average person to review footage taken from a body cam or a cell phone then make judgements regarding how they think the situation should have been handled. Law enforcement officers do not have the luxury of time nor knowledge of the outcome when they are in a situation that escalates and becomes deadly. They must rely on training, education, instincts, and experience to maintain order and ensure the safety of those involved. Things such as someone tensing their body in preparation to run, racing heartbeat, shifting to one side, etc., that are undetected to the civilian viewer but are witnessed by the officer. They are mannerisms which indicate the intent to flee, to reach for a weapon, or to harm the officer, and others in law enforcement recognize this. Each agency has an internal affairs department that investigates the actions of their officers. If the public feels as though the department cannot be fair, then have another agency invesƟgate. This is not a role for civilians. In the event that a civilian oversight committee is assembled, I strongly suggest that their criminal histories/backgrounds be taken into account. They should be held to the same standards and face the same scruƟny as our law enforcement officers.During this pandemic, we are turning to members of the scientific community, for they possess extensive knowledge of viruses and how they are spread. When it comes to law enforcement officers, their actions, and their oversight, we must rely on dutiful and learned members of the law enforcement community to update policies and oversee acƟons.Denton TX 76210Online Public Comments Received, pg. 632
35 Sherilyn Allen No I was born & raised in Denton. I do 98% of my business in Denton, and I am also part of a church body in Denton. I & my family are invested in Denton.I believe transparency and accountability are always of utmost importance. This is to be required, not just "spoken". Proper "use of force" by law enforcement is extremely important, as every person has the right to a fair trial. While we all desire this, we must acknowledge that not every law engagement is going to end with a perfect outcome. However, when abuse of power happens; transparency, intense investigation, and accountability to the full extent of the law must occur. Our LE officers have a grave responsibility of protecting citizens from those that choose to operate outside of the law which sometimes requires having to make split second decisions. I fully support our Denton Police & the Denton County Sheriff’s Department. I want to see them FULLY funded, FULLY trained & Fully Equipped to do their job. If we want professional officers with integrity, and desire to cull out those that are questionable, we must be willing to make the investment. I do NOT want to see resolutions written & changes made that would weaken our LE or have resolutions being put forth for political purposes. Thank you for the opportunity to be a part & to be heard.Ponder TX 7625936 Amy Morgan Yes Please create more opportunities for transparency and collaboration with citizens and human services in the areas of oversight and community engagement. Also, we need to consider the psychological health of officers and how they interact with the community. I see a common sentiment that officers and their families fear for their safety. Why is that when they out‐weapon everyone they come into contact with? They are armed continuously throughout the day. Police officers wear their body armor and duty belt at all times. The geared‐up duty belt alone weighs 15‐20 pounds and contains pepper spray, cuffs, gun, ammo, flashlight, gloves, etc. If other first responders can gear up and arrive at the scene of a crisis in the shortest amount of time, officers can as well. They don't have to remain fully armed at all times. When those are the tools at your disposal, you will use them. If we want to reduce harm, we have to start thinking differently.Based on the data from the last meeting, we also need a better way to track metrics to ensure that all voices in the community are heard. We can do better. Denton TX 7620137 Mariela Nuñez‐JanesYesMy name is Mariela Nuñez‐Janes and I am part of Movimiento Cosecha Denton and I am also a scholar of immigrant education. I am contacting you about my concerns related to the way the committee operates as well as Denton PD’s policies relevant to the use of force in the immigrant community. I see in these attempts an inability to put at the center of conversaƟons and police pracƟces the most marginalized and affected by policing in Denton. Regarding the committee operations, I am concerned by the membership and scope of this committee determined solely by Mayor Chris Watts without involving the community‐at‐large. Such a top down approach ignores community concerns and limits representation to organizations and individuals that are known to the Mayor replicating the circle of power and influence that drives decision making in our city. The call for stories in today’s conversation ignores the trauma of those who are victimized by the police’s use of physical and psychological force. Asking people to share their stories in public without clear guidelines about how the committee will use such stories is evidence of the disregard for the legiƟmacy of community experiences. This is careless and unethical.Regarding Denton PD’s policies, I have attended the recent Proyecto Amistad community forums organized by Denton PD to engage the immigrant community. In these forums I have heard officers tell the community to call them for anything they need while at the same time express their frustration because they are asked to be mental health professionals, social workers, and immigration officials. Officers are right to share this frustration. The presumption that police can solve every problem is not only irresponsible but dangerous. It led to the deportation of a local student with no criminal record who got pulled over because of a broken tail light. It led to the death of Darius Tarver because an officer’s response to serve and protect was to pull a trigger when confronted with a mental health crisis. I recently reviewed Denton PD’s proposal for engaging the immigrant community. It is filled with all sorts of inconsistencies and wrong information about immigration law and procedures, it contains no specific procedures for avoiding inquiries about immigration status, and provides no accountability for officers who do not follow Denton PD’s prerogative of not being concerned with immigration issues. There is no specification of the department’s anti‐discrimination policy or norms of conduct to guarantee “equal enforcement,” particularly as it pertains to the immigrant community in Denton. If Denton PD has an official stance when it comes to avoiding racial profiling specially in inquiries about status and citizenship why not make officers accountable? Why continue insisting in engaging inquiries about immigration status specially in cases of victims of crimes and crime reporting? If Denton PD is only interested in identifying a person’s identity during routine stops and not on inflicting fear why not invest instead in the community resources and programs needed so that those who don’t have a drivers’ license can get a city issued idenƟficaƟon? I would like to see instead policies and practices that prevent the use of force and consequences for violations of these policies and practices including violations of Chief Dixon’s prerogatives specially as they relate to the immigrant community. Historically, reform hasn’t prevented or reduced harm to communities, we demand soluƟons that divest police resources into the community, not the type that further empower and militarize police resources. Sincerely,38 Jean Wildman Yes Being a law enforcement officer is a very difficult, stressful and dangerous job. I grew up with members of my family in law enforcement. My theory is that training and counseling needs to be improved. Also, officers should be encouraged to advisor superiors when they note a fellow officer appears under stress, etc. This is a very stressful time and rebellious individuals who have always been negative towards law enforcement, our political system, etc. are taking advantage in order to create turmoil and dissention.Denton Tx 76226Online Public Comments Received, pg. 733
39 Vicki Byrd Yes Good evening. I am a 37 year resident of Denton. My educational background is criminal justice/ psychology and a MAEd. This background led me to become a Law Enforcement Officer, Risk Management Specialist for TWU and SPed teacher specializing in behavioral management for DISD. I said all of that to give credence to these two thoughts: The type of individual considered for employment and the emotional/psychology of said individuals and their ability to stay to task. I suggest that the prevalence of the point system used as an affirmative for veterans be dismissed. Why? The psychology and the connection to civilian life. There is PTSD and other issues they have to contend with. Or consider a 5yr hiring wait time to allow a veteran to fully cultivate back to civilian life. That military mindset is very strong. (I married a 2ndLt.) Secondly, require ALL officers to routinely (throughout lifetime of career) see a family therapist/life coach/counselor. They always need to seem to be ok. It's a hard job and they need personalized care‐taking. Requiring them to check‐in routinely with a professional should be something to consider. I speak up for Law Enforcement because I feel a kinship. I speak for Safety and I speak up for teachers, kids, African Americans, moms, women AND retired folks...because that is who I am. Thanks for the opportunity to speak to the well‐being of Law Enforcement Officers.Denton TX 7620940 Libby Maxwell Yes Anyone who lives in or around south east Denton knows that it is heavily over policed. I’ve seen more cop activity there than anywhere else in Denton. Reform has clearly been ineffective. I believe the city needs to Reinvest in that community, make sure that everyone in Denton has access to safe water, make sure that kids in Denton are getting an equal education despite which school they go to, and work with UNT to make living in Dentonmore sustainable for everyone.Denton Tx 76205Online Public Comments Received, pg. 834
Entry Id Name Last Are you a city of Denton resident?Please share your input about Use of Force, or your experience and stories related to the Denton Police Department:City StatePostal / Zip Code41 Pamela Sanders Yes The manner in which the committee was formed was not done in a democratic manner. The Mayor hand‐picked people he knew, resulting in a narrow representation, even though “categories” were used. Allowing interested citizens to apply would have ensured a better committee. Denton TX7620942 regina bugarin Yes The way in which the committee was selected did not reflect the way in which we (the people of Denton) want to be represented and for that I feel the need to hold this committee extra accountable. The people of Denton need absolute transparency and deserve to be fully informed as to how the ad hoc committee intends to center the needs of the most marginalized and targeted by Denton policing. We need solutions that decrease the power that police hold, not increase funding for the resources that expand more thorough policing; this includes technology and equipment which result in more money and do not prove to reduce violence or police killings.Who is creating, providing and leading such use‐of‐force trainings? What do these trainings consist of? Are there anti‐racist and anti‐discriminatory practices and , trainings included in the conversations police have about when they are inclined to utilize force against vulnerable populations? How does Denton PD cooperate with ICE? How does Denton PD conduct and document immigration inquiries? How does Denton PD respond to immigration detainers? We ask that these policies are plainly and distinctly shared with the public.We demand solutions that focus on prevention of use‐of‐force not reaction to overt use‐of‐force. We shouldn’t have to wait until something horrible happens for the city to react to, we should make use‐of‐force inconvenient for police to avoid imprudent use. This means consequences for use‐of‐force; impact on employment, benefits, pensions; swift consequences not drawn out reviewing. Thank you for listening.DENTON TX76205‐599443 Kevin Briody Yes We demand solutions that focus on prevention of use‐of‐force not reaction to overt use‐of‐force. We shouldn’t have to wait until something horrible happens for the city to react to, we should make use‐of‐force inconvenient for police to avoid imprudent use. This means consequences for use‐of‐force; impact on employment, benefits, pensions; swift consequences not drawn out reviewing. Thank you for listening.DENTON TX76205‐599444 Lianna Mendoza Yes Denton pd needs to be more transparent with the public and release the body cam footage of officer involved incidents. Police presence only served to make the public uncomfortable given their history of abuses and DPD really fails at preventing crime, given they only respond to crime. DPD should also have no involvement with mental health checks given their inappropriate and wildly incompetent responses. I will always be haunted and scared by their response in this matter. In the end, Denton PD only creates more harm to the people they are supposed to protect. Denton TX7620145 Josh Wright Yes The way in which this committee was selected did not reflect the way that the people of denton want to be served. The people of denton need absolute transparency and deserve to be fully informed as to how the ad hoc committee intends to center the needs of the most marginalized and targeted by denton policing. We demand solutions that focus on prevention of use‐of‐force not reaction to overt use‐of‐force. We shouldn’t have to wait until something horrible happens for the city to react to, we should make use‐of‐force inconvenient for police to avoid imprudent use. This means consequences for use‐of‐force; impact on employment, benefits, pensions; swift consequences not drawn out reviewing. Historically, reform hasn’t prevented or reduced harm to communities, we demand solutions that divest police resources into the community, not the type that further militarize police resources. Thank you for listening.Denton Texas7620546 Jen B Yes Hello, My name is Jen and I am part of a concerned community member. I am writing today about the ad‐hoc committee and its role in Denton policing. While I appreciate the city's attempt to create a fair committee to look into the use‐of‐force in our community, I have some concerns around the selection process for the committee. Were applications taken for this committee? If so how was it publicized and for how long? If not, why not? I would hope the committee that is for as wide and diverse of a community as Denton is, is just as diverse. Currently there is concern because it fails to center the most marginalized and affected by policing in Denton. Is this reflect in the committee and who it will be speaking to? Has the committee thought of ways to protect their speakers of complaints against police?There's numerous committees like this around DFW I would strongly encourage these committees to looking into the groups in Fort Worth and Dallas and how they are conducƟng their reviews and discussions. Thank you for reading.Denton Texas76210Online Public Comments Received, pg. 935
Entry Id Name Last Are you a city of Denton resident?Please share your input about Use of Force, or your experience and stories related to the Denton Police Department:City StatePostal / Zip Code47 Hannah Horton YesThe people of Denton need solutions that decrease the power and scope of policing, not increase or further fund resources for expanded or thorough policing. In the past, police reform has not effectively reduced harm to the community by police. I believe that funds should be reallocated from police to support the community. In regards to use of force specifically, policies must prevent violence by ensuring swift and severe consequences for officers that violate policies. These consequences should impact officer employment, salaries, and pensions. Denton TX 7620148 Dawn Regenold Yes I want to thank the police department for keeping our city safe and for all the outreach programs they have such as Midnight Hoops. I appreciate their service.When my son was a teenager, he had a job at our church as the janitor. He would get up early, before school, to clean the church. One morning, at about 5 a.m., he was taking a bag of garbage out to the dumpster and was stopped by 2 Denton police officers. He was told to drop the bag and get down on the pavement with his legs and arms spread. One of the officers put his knee into his back while he searched him. After finding no weapons, they let my son back up. He explained that he was the janitor and the police officers apologized for their actions. If my son would of smarted off or worse yet, ran, it could of been disastrous, but he was respectful and did as asked. Although as a mother, I hate that this happened to him, I understand that the police have to be careful and also protect their own safety.My son grew up and volunteered with the police at the Midnight Hoops for several years. He has great respect for the job that they do each day.Denton TX7621049 Emily Manning Yes Awareness of how to respond to those who are disabled appropriately. Police should be aware of and properly trained to work with disabled citizens.Denton Texas7620550 Tristan Seikel YesMy name is Tristan Seikel and I’m an organizer for several local reform organizations including the University of North Texas Students for Sensible Drug Policy and Decriminalize Denton.Today I am calling about the ad‐hoc‐commiƩee and its role in Denton policing. I am most concerned about the lack of discussion in city and county government on the need for scaling back police priorities, especially regarding non‐violent offenses such as drug use, sex work, and other crimes that are disproprionately enforced against communities most impacted by policing in Denton. People in the city and county of Denton are still getting arrested and incarcerated for a wide list of non‐violent misdemeanor and felony crimes, including acts of survival such as drug use and trade as well as sex work. Right now, the increased risk for COVID‐19 exposure in the denton county jail makes non‐violent offenses a potential death sentence. There are 37 people in Denton county jail that tested positive for COVID‐19 and 7 prison guards have contracted it too, so ending the arrests and incarceration of nonviolent offenders would significantly help prevent community spread of the pandemic. Also, we must acknowledge how non‐violent crimes are often used to justify the unwarranted death of people at the hands of police. For instance, the use of force against former UNT student Darius Tarver was immorally justified by police through the implication that they initially thought he could of been on a substance like PCP, which insinuates that our police do not think that people experiencing a drug induced crisis are worthy of life and that is a very disturbing and dehumanizing trend that we must stand adamantly against. I would like to see a moratorium on all non‐violent offenses and an empowered as well as community‐focused ad hoc committee that is able to adequately address concerns over wrongful use‐of‐force in our local law enforcement organizations. Additionally, the city needs to invest in creating a separate hotline and service for people experiencing mental health or drug induced crises so that police no longer respond to those calls and instead leƫng crisis workers be responsible for diffusing those emergencies. Historically, reform hasn’t prevented or reduced harm to communities so we must demand solutions that divest police resources into supporƟng the community, not the type that further empowers and militarizes police resources. Thank you for listening. 101 Texas76201Online Public Comments Received, pg. 1036
Entry Id Name Last Are you a city of Denton resident?Please share your input about Use of Force, or your experience and stories related to the Denton Police Department:City StatePostal / Zip Code51 Linda Marshall Yes Also, consider using mental health, crisis, & social workers (MHPs) & medics. For example, deescalation opposes the need to be vigilant for danger & the uniform itself may escalate a problem. Police handling MH calls adds to workload, stress, energy & time better used to keeping the community safe. Efficacy could be tested by having MHP‐officer teams & comparing the results to traditionally handled calls. If warranted after the trial period, a new department would also have the benefit of making MH & medical resources more available to the community. Denton TX7620552 RayAnne Climer Yes I am a Licensed Clinical Social Worker and a member of the National Association of Social Workers. As a local social worker I have had the opportunity to witness law enforcement be asked to do too many jobs and be the experts at too many topics. Police should not be expected to know everything about law enforcement, mental health, local resources, family violence, substance use, sexual assault, civic matters, and everything in between. I believe if we had more social workers and community organizations working directly with law enforcement then our officers and our citizens would be safer for it.Denton Tx7620953 Terra Wilson Yes I am a home owning taxpayer we live in District 1 on Noble street. In the last week there have been over 3 "reported" shootings in this area with one ending in fatality. These are criminal shootings I do NOT agree with de‐funding the police. However, I do believe in education. I am a single mother with a 10 yr old crime is getting bad over here. I would appreciate more patrol over here as we were awoken last week by gunfire out of our sleep..The last thing we need is no help. I will be voting in the council election and believe my councilman wants to cut funds...Look at Seattle's chop please no! There has got to be a median from far right and far left. Communication and trust with the police is needed and there should be consequences for officers whom abuse their power as well period. Denton Tx7620954 Tony Smith Yes I was disappointed watching the last session where people called in. It seemed that many on the committee did not know what rules or guiding principles there were in responding to callers. One person on the committee even had to ask what the rules were, minutes before the first person called in. People on the committee should be prepared ahead of time to address the people who call in, especially because many of the people were sharing traumaƟc experiences that happened to them. I was also disappointed that the meeting on July 30, item B stated, "Receive a report and hold a discussion regarding public comment received at first public input session on July 23, 2020 and public comment received through online form, and provide an opportunity for CommiƩee Members to share their stories, experiences, or explanaƟon for why they joined the ad hoc CommiƩee."Everybody talked about why they were on the committee, which was appreciated. Yet nobody addressed the first part of the item, stating for the committee to discuss the public comments. This was disappointing because to me it sent the message that the committee is not aware that there was a problem, and also that they aren't doing anything to improve the next time people call in.Denton Texas7620555 Sean Jacobson Yes My experience with Denton PD came when I needed to file a police report for a stolen phone after Christmas. They were wonderful about following up with me and very patient with my challenges in remembering the exact details of when I'd last had it. I felt valued and I'm grateful for their attention to even my small issue, when they have so many crimes to address.Denton TX7620156 Mechelle Porterfield Yes Working as an emergency department nurse in Denton for the last 42 years, I observed the Denton Police officers on an almost daily basis. The officers have‐never been anything but professional and polite to Denton residents they have dealt with. I have seen officers disrespected and abused by intoxicated people, and people who were suspected of many crimes. They always treated people the same regardless of their race or position in life.In my opinion, the DPD officers need more in their budgets not less. Denton has become much less safe in the last 10 years but not because of the police.Denton Texas76210Online Public Comments Received, pg. 1137
Entry Id Name Last Are you a city of Denton resident?Please share your input about Use of Force, or your experience and stories related to the Denton Police Department:City StatePostal / Zip Code57 Wanda Carter Yes I am in full support our Denton Police Officers. I think they do a fine job in their efforts to keep our community safe and our citizens protected. I can not imagine any need to add more restrictions to their regulations of use of force. If I’m in danger, I want to know the police officer can use whatever means necessary to help me. With proper training, and guided judgement, I feel sure our officers will make just decisions based on each situation. Considering our current chaotic times in some parts of our country, I want to praise and thank our Denton Police for serving and showing up, time after time, to be there to keep our people safe. Denton Tx76208Online Public Comments Received, pg. 1238
Mental Health
Patrol
Shift B Lt. Chris Summit
Patrol A North
Assistant Chief of Police Bobby Smith
Criminal Investigations Division (2) Lt. Lee Creamer
Recruiting/
Training Division Lt. Michael Behrens
Support Operations Bureau Deputy Chief Frank Padgett
Field Operations Bureau Deputy Chief Paul Willenbrock
Patrol
Shift ALt. David Mays
Patrol A South
Patrol Shift C Lt. Matt Cain Patrol Shift D Lt. Michael Rose
Patrol B North
Patrol D South
Patrol D North
Patrol B South
Patrol C North
Traffic/Auto Pound
Division Lt. David Hildebrand
Traffic
Enforcement
Downtown Patrol
(Day)
Public Safety Officers Major Crimes
Student
Resource Officers
Family
Violence
General
Investigations
Training
Jail
Operations
Property & Evidence
Support
Services Division Lt. Rachel Fleming
Chief of Police Frank Dixon
Patrol C South
Downtown Patrol
(Night)
Crime Scene Investigations
Special Operations
Tactical
Negotiators
Victim Services
Community Resource Officers Crime Analysis
Special Victims
DWI
Enforcement
Downtown
Division Lt. Preston Pohler
Effective 7/6/2020
Administrative Services Bureau Assistant Director Shanika Mayo
Accreditation & Compliance
Media Relations
Records Division Administrative
Services Division
Fleet /Body Cameras
Warrants
Recruiting Reserves
School Crossing Guards
Internal Affairs
Criminal Investigations
Division (1)
Lt. Michael Beutner
Field Training
Denton Police Department
Organizational Chart
39
#1000696 BASIC PEACE OFFICER COURSE
In accordance with Texas Commission on Law Enforcement regulations, the Basic Peace Officer
Course shall consist of a minimum of 696 classroom hours and shall include, but not limited to,
the subjects set forth below. This is the recommended sequence for teaching the course.
Module A Introduction/Orientation
0. Administrative/Departmental Overview 0Hrs
Module B Professional Police Practices
1. Professionalism and Ethics 12
2. Professional Policing 12
3. Fitness, Wellness, and Stress Management 16
4. TCOLE Rules 4
5. Multiculturalism and Human Relations 8
6. Racial profiling (TCOLE 3256) 4
Module C Constitutional Law, Criminal Law, and the Criminal Justice System
7. US, Texas Constitution, and Rights 10
8. Penal Code 50
9. Code of Criminal Procedure 8
10. Arrest, Search, and Seizure 40
11. Asset Forfeiture (TCOLE 3255) 4
12. Identity Crimes (TCOLE 3277) 4
13. Consular Notification 1
14. Civil Process 4
Module D Illegal Substances and Special Regulations
15. Health and Safety Code and Controlled Substance Act 8
16. Alcoholic Beverage Code 4
Module E Family, Children, and Victims of Crime
17. Family Violence, Child Victims, and Related Assaultive Offenses 4
18. Missing and Exploited Children (TCOLE 3275) 4
19. Child Alert Check List 1
20. Victims of Crime 10
21. Human Trafficking (TCOLE 3270) 4
Module F Traffic Regulation
40
22. Traffic Code/Crash Investigation (TIM) 74
23. Intoxicated Driver (SFST) 24
Module G Communication/Language
24. Written Communication 16
25. Verbal Communication/Public Interaction 16
26. Spanish 16
Module H Use of Force
27. De-escalation Strategies (TCOLE 1849) 8
28. Force Options Theory 24
Module I Special Populations
29. CIT (1850) 40
30. Traumatic Brain Injury (TCOLE 4066) 2
Module J Arrest Procedures
31. Arrest and Control 40
Module K Investigations
32. Criminal Investigations 40
33. Juvenile Offenders 10
Module L Vehicle Operation
34. Professional Police Driving 32
Module M Patrol Operation
35. Patrol Skills/Traffic Stops 46
36. Radio Communications/Amber-Silver Alert/TCIC-TLETS 16
37. Civilian Interaction Training (TCOLE 30418) 2
38. Interacting with Deaf and hard of Hearing (TCOLE 7887) 4
39. Canine Encounters (TCOLE 4065) 4
Module N Medical
40. Emergency Medical Assistance 16
Module O Weapons
41. Firearms 48
Module P All Hazards Training
42. HazMat Awareness/ICS 4
41
Module Q End of Course Review 2
Total Hours: 696
42
Sec.E or VTexas Best Practices
1.01 EV Organizational Chart available to all personnel, reviewed annually
1.02 E Agency develops, submits and manages budget, person designated in writing to manage
1.03 EV Written directive on handling and documentation of cash transactions, who authorized, incl petty cash.
1.04 EV Written directive syst; numbered, periodic review & consist with Texas law, available to all personnel, receipt.
1.05 E Written documentation authorizing agency and jurisdiction
1.06 E Directive of Authority of police officers to act as Peace Officers
1.07 E Directive of Authority of Chief Executive Officer
1.08 E Directive duty to obey lawful orders, conflicting orders
1.09 E Written directive requiring Peace Officer License before enforcing Law
1.10 EV Directive for annual accountability of agency owned capital assets.
1.11 E Directive for written approval for carrying personally owned equipment
1.12 E Written directive requires employees sign for agency property and recovery process
1.13 V Continuing Compliance with Best Practices
2.01 EV Directive on Bias Based Profiling, policy, data collection, training and reporting
2.02 E Code of Ethics part of policy, employees provided with copy
2.03 E Directive requires Oath of Office before conducting law enforcement duties
2.04 E Directive on how to receive, investigate and conclude complaints. Sustained based on facts .
2.05 E Directive on Time limit on internal investigations and discipline, procedure for request for extension
2.06 E Directive requiring investigations of complaints alleging viol. Law or policy, identifies IA/sup inv.
2.07 E Directive notifying Agency Director of complaints
2.08 E Directive on appeal procedure for disciplinary action, who is authority.
2.09 V Directive requiring complaint records be secure and in compliance with law.
2.10 E Directive requiring notification of complainant of results.
2.11 E Directive prohibiting Sexual and other harassment, reporting procedures, training
2.12 E Directive on professional conduct and mandatory training.
2.13 V Directive on uniform appearance standards and special assignments.
2.14 E Directive on Truthfulness in official dept verbal and written reports, court or agency inv.
2.15 E Directive prohibiting political activity while on duty or in uniform
2.16 E Directive attendance requirements for duty and training
2.17 E Directive respect rights and prohibits discrimination, oppression and favoritism
2.18 E Directive prohibiting personal relationship with victim, suspect, or witness during investigations
2.19 E Directive prohibiting influence of alcohol while on duty
2.20 E Directive on use of illegal or prescription drugs while on duty
2.21 E Directive on prohibition of gifts or gratuities offered to or solicited by
2.22 E Directive all employees subject to recall during emergency, including man made or natural disasters
2.23 V TCOLE Personnel Files
2.24 E Directive requiring community outreach and documentation of stratgies / community feedback
3.01 V Directive requiring annual qualification to TCOLE Std. with weapon they carry and remedial training
3.02 E Directive on annual training use of deadly force and use of firearms
3.03 E Written directive requires annual inspection of firearms by designated firearms inspector
3.04 E Directive requiring training in non-lethal and demonstrate proficiency at least biennially
3.05 V Written directive describes training files maintained, TCLEEDS ok
3.06 V Agency ensures Sworn in-service training as required by TCOLE plus hands on arrest and self def, SABA
3.07 EV If Reserves, Directive requires same training for reserves.
3.08 E Written directive identifies any non-sworn positions including volunteers requiring training and provides
3.09 EV New supervisors provided supervisory training within 12 months
3.10 E If ERT, directive establishes criteria and frequency for training
3.11 E If Negotiator, directive establishes criteria and frequency for training
3.12 E Agency has at least a four week Field Training Program w designated Field Training Officers
3.13 E Written directive requires FTOs attend training, TCOLE equivalent
3.14 E Written directive requires FTOs conduct process review
3.15 EV Written directive requires weekly FTO reports, reviewed with officer and filed in training file
3.16 E Written directive requires at least two shifts and two trainers if possible
3.17 E Directive requires Background training or specific written background document.
3.18 V If Agency has Communications, requires communicators trained in comm. and dept operations (TCOLE)
3.19 E Police Chief training completed
Texas Best Practices
43
4.01 E Written selection process, fair and consistent, must meet TCOLE requirements and legal mandates
4.02 E If polygraph used, operator licensed
4.03 E Written directive specifies type of background investigation on new hires, sworn and non-sworn
4.04 E Directive specifies disposition of records on sworn and non-sworn hired and not hired
4.05 E Directive on off-duty employment
4.06 E Directive on promotional process, announcement, components, grading and appeal.
4.07 E If promotional eligibility list, Directive for establishment and time limit'
4.08 EV Directive requiring annual performance evaluation and discussion with employee
4.09 E Agency trains supervisors in evaluation process
4.10 EV Directive on Accident and Injury Investigation, Prevention, Training and Analysis
5.01 V Directive on privacy and security of records and training for records custodian
5.02 E Directive on records retention
5.03 E Directive on release of information and training
5.04 E Agency has designated a PIO and PIO has received training
6.01 E Directive on Use of Force - only the level necessary to achieve legal objective
6.02 E Directive on use of deadly force
6.03 EV Directive and specific form to document use of force and review process
6.04 E Directive that authorizes types of weapons and ammunition approved by department
6.05 E Directive notifying employees of authority carry of weapons on and off duty
6.06 EV Directive for documenting and reviewing firearms discharges
6.07 E Directive requiring medical aid after use of force
6.08 E Directive for removal of employee from line duty after any use of deadly force with injury or death -acc. or int.
6.09 E Directive on warning shots
6.10 E Agency prepares annual report on use of force
7.01 V Agency responds to emergencies 24 hours a day or arrangements made
7.02 E Agency trains personnel obtaining and serving arrest warrants
7.03 E Agency trains personnel in arrests without warrant
7.04 E Agency trains personnel in use of Miranda warnings
7.05 E Agency trains personnel in interrogation methods
7.06 E Directive on how to obtain, execute and return search warrant
7.07 E Directive on search incident to arrest and other Searches without a Warrant
7.08 E Agency trains personnel in Family Violence
7.09 E Agency trains personnel in preliminary investigations
7.10 E Written directive requires training personnel in follow-up investigations, criteria for follow-up, criteria for assign.
7.11 V If Informants used, Directive on Informants, identification, use, payments, and documentation. Secure files
7.12 V If confidential or narcotics fund, directive on maint., documentation, security, accountability, audit every 6 mo.
7.13 E Directive on vehicle pursuits, training on initiating, conducting, supervising, and terminating
7.14 EV Directive on pursuit Report, reasons, personnel, results, injury or damage, review, annual analysis
7.15 E Directive responding to emergency and non-emergency calls, use of emergency equipment
7.16 E Directive on Accident Investigation, responding, obtaining aid, preserving scene, enforcement
7.17 V Written directive requires reflective vest when directing traffic or investigating accident
7.18 E If Roadblocks used, directive and training on use
7.19 E If agency uses road spikes, directive and training on use and safety
7.20 V Agency requires use of seat belts
7.21 E Agency requires court contact information be provided when citation issued
7.22 V Directive on security and issuance of citation books
7.23 V Directive on body armor for uniform field assignments, other times
7.24 E Agency requires inspection of patrol vehicle before shift, appearance, contents, operability
7.25 V Written directive requires special use equipment (including vehicles) be inspected at least quarterly
7.26 E Directive on alarm responses by type
7.27 E If reserves, directive on program, functions, and level of training
7.28 EV Directive on Traffic Enforcement policy, discretion, procedures, and arrest.
7.29 E If agency serves Civil Process, Directive on Civil Process records
7.30 E If agency serves Civil Process, Directive on Civil Process procedures
7.31 E If agency conducts sex offender registration, agency has written directive on registration process.
7.32 E Directive on Eyewitness Identification
7.33 E Directive on Missing Persons 44
7.34 E Directive on Critical Incidents In-Progress (Active Shooter)
8.01 E Directive on barricaded persons & hostage situations; responding, determining nature, call assist, evac Bystd.
8.02 E Directive on bomb threats and bomb incidents
8.03 E If hostage negotiators, directive on selection of negotiator
8.04 E If ERT, directive on selection of officers
8.05 E If ERT, Directive governs response to incidents
8.06 V If ERT, agency approves specialized equipment and inspection. Provides SABA equipment
8.07 V Agency has Emergency Operations Plan, civil dist, mass arrests, disasters, and training
8.08 EV Written directive requires after action report after disaster or unusual occurrence
8.09 V Documented review of Emergency Operations Plan every two years
8.10 E Agency designates at least one person to be homeland security info coordinator
8.11 E Agency trains personnel in NIMS.
8.12 V Agency has or has access to personnel trained and equipped for Bio-hazards
9.01 V Agency has or uses a 24 hour Communications Center
9.02 V Agency requires communications center be secure
9.03 V Agency has playback system in communications
9.04 V Agency has back up power or alt comm. and telephone with security
9.05 V Agency has single emergency telephone number
9.06 V Agency has 24 hour two way radio
9.07 V Agency has access to TCIC/NCIC
9.08 V If warrants maintained, directive on maintenance, auditing & 24 hour access
9.09 E Documented training for crisis communication: use of force, de-escalation, crisis & mental health comm
10.01 E Directive requires search of arrested person before transport, safe trans, sick, injured, disa, vehicle search
10.02 E Directive on rights of juveniles, files, searching, detention and transportation
10.03 V Agency has written approval of Juvenile Holding Area, if used.
10.04 V Agency provides separation between male and female prisoners and sight/sound sep. between adult and juv.
10.05 V Directive in use and operation of holding cells and jail area
10.06 V Directive controlling access to holding cell area
10.07 V Directive for prisoners visitors and attorneys
10.08 V Agency has fire protection plan, including fire detection system and fire extinguishers
10.09 V Agency has fire evacuation plan for Jail area.
10.10 V Directive on prisoner property
10.11 V Directive on identification before release
10.12 V Directive on medical care for prisoners
10.13 V Directive on medications for prisoners
10.14 E Directive on strip searches, supervisory approval, same sex
10.15 E Directive on body cavity searches, supervisory approval, medically trained personnel
10.16 V Directive on holding cell key control
10.17 E Directive on prisoner escapes
10.18 V Agency requires cell inspection at begin of each shift and prior to housing for security, sanitation and contrab.
10.19 V Agency provides for water and toilet facilities, and food.
10.20 V Agency requires visual obs. every hour (prefer 30 min), in person or video, documented. 30 m. pris. of concern
10.21 V Agency does not permit firearms in holding area, Directive on less than lethal if allowed
10.22 E Agency has directive on Consular Notification on arrest of foreign national
11.01 V If court security, trains in carrying weapons and restraints
11.02 V If court security, one means of external communications
11.03 V If court security, fire evacuation plan, reviewed annually
12.01 V Directive on property and evidence intake, custody and storage
12.02 EV Agency has access to crime scene technicians
12.03 E Directive requires submission of property by end of shift
12.04 V Directive identifying who can enter property storage, security, entry log or tracking system
12.05 V Directive on disposal of property and documentation
12.06 E Directive on field release of property to owner, release form
12.07 EV Agency has system for documented inspection of Property Evidence function and procedures every 6 months
12.08 EV Directive requiring property inventory (sample) annually and when change of personnel
45
Denton PD - Accreditation Compliance
TPCA Recognition Program - Status Worksheet 2020-09-07
Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12
1.01 2.01 3.01 4.01 5.01 6.01 7.01 8.01 9.01 10.01 11.01 12.01
1.02 2.02 3.02 4.02 5.02 6.02 7.02 8.02 9.02 10.02 11.02 12.02
1.03 2.03 3.03 4.03 5.03 6.03 7.03 8.03 9.03 10.03 11.03 12.03
1.04 2.04 3.04 4.04 5.04 6.04 7.04 8.04 9.04 10.04 12.04
1.05 2.05 3.05 4.05 6.05 7.05 8.05 9.05 10.05 12.05
1.06 2.06 3.06 4.06 6.06 7.06 8.06 9.06 10.06 12.06
1.07 2.07 3.07 4.07 6.07 7.07 8.07 9.07 10.07 12.07
1.08 2.08 3.08 4.08 6.08 7.08 8.08 9.08 10.08 12.08
1.09 2.09 3.09 4.09 6.09 7.09 8.09 9.09 10.09
1.10 2.10 3.10 4.10 6.10 7.10 8.10 10.10
1.11 2.11 3.11 6.11 7.11 8.11 10.11
1.12 2.12 3.12 7.12 8.12 10.12
1.13 2.13 3.13 7.13 10.13
2.14 3.14 7.14 10.14
2.15 3.15 7.15 10.15
2.16 3.16 7.16 10.16
2.17 3.17 7.17 10.17
2.18 3.18 7.18 10.18
2.19 3.19 7.19 10.19
2.20 7.20 10.20
2.21 7.21 10.21
2.22 7.22 10.22
2.23 7.23
2.24 7.24
2.25 7.25
7.26
7.27
7.28
7.29
7.30
7.31
7.32
7.33
7.34
Approved 58
Proofs &
DSFs
Pending
Approval
10
Active 45
G.O. in
Draft 51
Need
Training 4
Other 2
170
46
Mayor’s Ad-Hoc Use of Force Committee
Fire Fighter & Police Officers Civil Service Act
(Texas Local Government Code Chapter 143)
July 16, 2020
Presented by Deputy City Attorney
Michael L. Cronig
1 47
PURPOSE OF THIS PRESENTATION
1.Provide an overview of Texas Local Government Code
Chapter 143.
2.Discuss how a Meet and Confer Agreement can change
Chapter 143
3.Discuss the provisions of Chapter 143 related to the
investigation of police misconduct, disciplinary actions, and
appeal rights
4.Discuss changes to the investigative and disciplinary
processes in the 2019-2022 Police Meet and Confer
Agreement
5.Discuss data for 2015-2020 related to complaints against
Denton police officers and the disciplinary actions imposed
2 48
CHAPTER 143 –PURPOSE & SCOPE
Sec. 143.001. PURPOSE. (a) The purpose of this chapter is
to secure efficient fire and police departments composed of
capable personnel who are free from political influence and
who have permanent employment tenure as public servants.
•Chapter 143 is only applicable to municipalities whose
voters approved its adoption.
•Chapter 143 was approved by the voters for both the
Denton Police and Fire Department.
*Note: LGC 150.021 prohibits a residency requirement
for police officers.
3 49
SCOPE OF CHAPTER 143
•Chapter 143 addresses:
•The hiring process for police officers
•The appointment and removal of the Police Chief
•Wages and benefits
•Promotional process
•Disciplinary actions and appeals
•Confidentiality of police personnel files,including
Internal Affairs investigation files
•Mental &Physical Fitness Evaluations
4 50
MEET AND CONFER
•LGC 142.051-.068:Applies to a municipality with a population
of 50,000 or more that has adopted Chapter 143
•Meet and Confer is a voluntary bargaining process between a
police/fire employee Association and a City.
•There is no requirement to meet,to bargain over specific
subjects,or to reach an agreement.
•May bargain over wages,salaries,rates of pay,hours of
work or other terms and conditions of employment.
•A Meet and Confer Agreement can supersede/pre-empt a
state law,local ordinance,or rule adopted by a City or a
City’s civil service commission concerning wages,salaries,
rates of pay,hours of work or other terms and conditions of
employment.
5 51
MEET AND CONFER
•An Agreement requires approval by a
majority vote of the Association membership
and the City Council.
•An Agreement is a legally binding contract
between the City and the Association that is
enforceable in state court.
•Other Cities that have a Meet and Confer
Agreement include Austin,Dallas,Fort Worth,
San Antonio,Houston,Abilene,Temple,
McKinney,San Angelo.
6 52
QUESTIONS?
7 53
INVESTIGATIONS OF POLICE MISCONDUCT
8
Citizen
Internal
Complaint
Internal
Affairs
Investigations
Internal
Affairs
Findings to
Chain of
Command
Chain of
Command
Reviews
Findings with
Chief
Sustained
Allegation
Disciplinary
Review
Hearing
Chief of Police
Makes Final
Disposition
54
9
THE BASIS FOR DISCIPLINE
•LGC 143.052:An officer may only be suspended,
demoted,or fired (indefinite suspension)for a violation of
a civil service rule involving one or more of the following
12 grounds:
(1)conviction of a felony or other crime involving moral turpitude;(2)violations of a municipal charter provision;(3)acts of incompetency;
(4)neglect of duty;(5)discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty;(6)acts showing lack of good moral character;
55
THE BASIS FOR DISCIPLINE
(7)drinking intoxicants while on duty or intoxication while off duty;
(8)conduct prejudicial to good order;(9)refusal or neglect to pay just debts;(10)absence without leave;(11)shirking duty or cowardice at fires, if applicable; or
(12)violation of an applicable fire or police department rule or special order.
10 56
COMPLAINTS
The Complainant can be the person alleging to
be the victim of misconduct,a witness to
alleged misconduct,an anonymous person,
another City or Police Department employee,
or the Police Department can adopt the
complaint and become the Complainant.
11 57
THE 180-DAY RULE
LGC 143.052(h):
•Any complaint can be investigated no matter when theallegedmisconductoccurred.
•An officer cannot be suspended,indefinitely suspended,ordemotediftheactforwhichtheofficerisbeingdisciplinedoccurredmorethan180daysbeforethedisciplinetakeseffect.After 180 days,no discipline above a written reprimandcanbeissued.
•Exception:If the conduct is allegedly related to a criminalviolationofafederal,state,or local law,and the officer is stillsubjecttoprosecutionundertheapplicablestatuteoflimitations,the 180-day clock starts on the day theDepartmentdiscoveredtheallegedcriminalconduct.
12 58
THE 180-DAY RULE
Article 7 of The 2019-2022 Meet and Confer Agreementchangedthis:
•The Chief now has 240 days from the date of the allegedmisconduct(non-criminal)to discover it.
•The Chief then has 180 days from the date of discoverytoinvestigateandimposedisciplinefornon-criminalconduct.
•The Department could have up to 420 days to imposedisciplinefornon-criminal conduct.
•For criminal conduct,the Chapter 143 provision stillcontrols,and the Chief has 180 days from the date theallegedcriminalconductisdiscoveredtoimposediscipline.
13 59
CRIMINAL CHARGES
Procedures after Felony Indictment or Misdemeanor Complaint:
•An officer indicted for a felony or charged with a Class A or B misdemeanor may be
suspended by the Chief with or without pay for no more than 30 days after the final
disposition of the criminal charge(s).
•Being arrested is not sufficient to trigger this provision.
•Even if the officer is found not guilty or the criminal charge is dismissed,the officer can still
be disciplined for a violation of the Civil Service Rules,up to and including indefinite
suspension (Penal Code vs.Department Policy,different standard of proof).
•If the Chief intends to impose an indefinite suspension but doing so would jeopardize a
criminal investigation or prosecution,the Chief must send a letter to the Attorney General
notifying him that he is delaying imposing discipline to protect the criminal case.Once the
criminal charge is finally disposed of,the Chief has 30 days to impose an indefinite
suspension.
14 60
THE INVESTIGATION
15
•Internal Affairs conducts the fact finding,which includes obtaining relevantevidence(including BWC videos,reports)and obtains a statement fromthecomplainant,witnesses,and the subject officer.
•Chapter 143 does not give the officer the right to representation by anattorneyorunionrepresentativeduringanInternalAffairsinvestigation,including during the officer’s interview.
•Chapter 143 does not require the Department to show the officer anyevidenceithasobtainedbeforeconductingtheinterview.
•Exception:State law allows an officer to review any body-worncameravideooftheincidentpriortobeingrequiredtoprovideastatementaboutthatincident.
•US Supreme Court’s Garrity Decision:Statements a public employee iscompelledtoprovideasaconditionofemploymentcannotbeusedagainstthatemployeeinacriminalprosecutionarisingfromthatincident.
61
THE INVESTIGATION
Meet and Confer Agreement -Article 8: Protected
Rights of Officers:
•Subject officer has the right to be represented by
an Association representative and/or attorney
during an interview and a disciplinary meeting
with the Police Chief.
•The representative is an observer and cannot
interfere with or obstruct the investigation
•Witness officers do not have the right to an
Association representative or attorney during their
interview.
16 62
THE INVESTIGATION
•The subject officer has the right to review the following information
before his/her interview or before providing a written statement:
•A copy of the complaint at least 48 hours prior to their interview.
•Any videotape,photograph,or other recording of the operative
conduct or alleged injuries which is the subject of the allegations
(e.g.officer arrested for DWI may see in-car video of the traffic
stop and arrest).
•Portions of any documents in which the officer is alleged to have
provided false,incomplete,inconsistent or conflicting information,
or is alleged to have omitted information in violation of law or
Department policy (e.g.false information in a search warrant).
•Any report,supplement,use of force report,or other statement
recorded or written by the officer,regarding the operative conduct
which is the subject of the allegations of misconduct.
17 63
INVESTIGATIVE FINDINGS
The officer’s chain of command reviews the completed Internal Affairs investigation and
makes a non-binding recommendation to the Police Chief on whether any policy
violations occurred.
•Complaint Outcome Classifications:
•Sustained –Investigation established that the alleged misconduct did occur.
•Not Sustained –Investigation failed to produce sufficient evidence to clearly
prove or disprove the allegation.
•Exonerated –Investigation established that the act complaint of did occur,but
that it was justified,legal and proper.
•Unfounded –Investigation established that the act complained of did not occur.
•Policy Issue –The investigation reveals that the act did occur and may or may
not comply with Department policy.However,it is also determined that the
allegation of misconduct could have been prevented had the policy been more
clear or complete or in cases where policy fails to address the issue.
18 64
•If the officer’s chain of command recommends sustaining an
allegation,the Chief will schedule a disciplinary meeting with the
officer and his/her chain of command
•Per the Meet and Confer Agreement,the officer may review the
completed Internal Affairs investigation for three (3)hours prior to
the meeting with the Chief.This review does not include the
Investigator’s summary.
•Per the Meet and Confer Agreement,the officer has a right to
representation by an Association member and/or attorney at this
meeting.
•The Chief will provide the officer with an opportunity to explain
the incident and any other information he/she wants the Chief to
consider before the Chief renders a final decision.
19
INVESTIGATIVE FINDINGS
65
QUESTIONS?
20 66
FORMS OF DISCIPLINE UNDER CHAPTER 143
•Written Reprimands (cannot be appealed)•Temporary Suspension of 1-15 days (can be appealed)•Agreed Suspension 16-90 days (cannot be appealed)•Indefinite Suspension: (can be appealed)•Demotion: May be disciplinary or performance related•Voluntary (cannot be appealed) and Involuntary (can be appealed).•For an Involuntary Demotion:
•The demotion must be approved by the Civil Service
Commission or a Hearing Examiner.
•The officer retains his/her rank and pay until a decision is
rendered but he/she may be assigned other duties.
*Discipline can be considered by the Chief for promotional purposes, but an officer bypassed for promotion can appeal that decision.
21 67
APPEALS
22
An officer may appeal a temporary suspension of 1-15 days,involuntary demotion,an
indefinite suspension,and a promotional bypass to the Civil Service Commission or
an Independent Third-Party Hearing Examiner.It is the officer’s choice and most
choose a Hearing Examiner.
Commission Appeal:
•Commission is composed of 3 citizen volunteers.
•Hearing must be held within 30 days after the appeal is filed unless the
officer and Commission agree to a postponement.•Commission can subpoena documents and witnesses.•No cost to the officer except for their attorney’s fee.•Decision requires a majority vote of the Commissioners present.•Commission may overturn the discipline in its entirety, modify the discipline (cannot increase it), or deny the appeal altogether.•Decision rendered immediately -no detailed written opinion.•Commission may award back pay and other lost benefits.•Officer may appeal Commission decision to District Court but the City cannot.
68
APPEALS
Hearing Examiner Appeal:
•Must be a member of the American Arbitration Association or the Federal Mediation and Conciliation Service.•Must have experience hearing public safety disciplinary appeals. •Has the same powers and duties as the Commission.•If the City and the officer cannot agree on the Hearing Examiner, they strike from a list of 7 provided by AAA.•Hearing may take months to schedule.•The officer and the city split the Hearing Examiner’s fee.•Hearing Examiner provides a detailed written opinion.•Decision usually rendered within 30 days.•Hearing Examiner’s Award is final and binding and can only be appealed to District Court on the grounds that the Hearing Examiner lacked jurisdiction (no authority to hear the case), exceeded their jurisdiction (did something contrary to the Act or not authorized by it), or the order was procured by fraud, collusion, or other unlawful means.•Both the officer and the City can challenge the decision in court.
23 69
QUESTIONS?
24 70
DPD COMPLAINTS 2015-2020
Top Five Complaints:
14 Use of Force Complaints/3 sustained –1 suspension
4 TASER Complaints/4 sustained –1 suspension
4 Bias or Racial Profiling Complaints/0 sustained
25
Calls/Contacts #Complaints Sustained # External # Internal % Sustained
525,318 539(.1%)324(60%)215 (40%)324 (60%)E -53 (25%)
I –271 (84%)
Top 5 Allegations Count
Performance Related 107
Operation of Police Equipment/Police Vehicles 105
Attendance 89
Discourtesy 88
Service Complaint 28
Updated 7/15/20
71
DPD COMPLAINTS BY YEAR
26
Year 2015 2016 2017 2018 2019 2020
(June)
Total
Complaints 68 82 92 108 164 25 539
Sustained 44 63 50 61 95 11 324(60%)
External 26 24 34 50 68 13 215 (40%)
External
Sustained
9 11 8 10 13 2 53 (25%)
Internal 42 58 58 58 96 12 324(60%)
Internal
Sustained
35 52 42 51 82 9 271 (84%)
Updated 7/15/20
72
COMPLAINTS BY RACE
27
Race/Ethnicity Complaints % of Total
Black 46 21%
Hispanic 17 8%
White 115 54%
Asian/Other 4 2%
Unknown/Not
listed
33 15%
Total 215 100%
Updated 7/15/20
73
DISCIPLINARY SUSPENSIONS BY YEAR
28
2015 2016 2017 2018 2019 2020
Police
Chief
Howell Howell Howell Howell Dixon Dixon
Total -19 0 3 2 2 9 3
1-Day 0 3 0 0 1 0
2-Day 0 0 0 0 2 0
3-Day 0 0 0 0 0 1
5-Day 0 0 1 1 3 1
7-Day 0 0 0 0 1 0
15-Day 0 0 0 1 0 0
16-90 Day
Agreed
0 0 0 0 0 1 (16-Day)
Indefinite 0 0 1 0 2
(1 appeal –
firing
upheld)
0
Resigned
Under
Invest.
2
Updated 7/15/20
74
SUSTAINED COMPLAINTS -OTHER FORMS OF CORRECTIVE ACTION
29
2015 2016 2017 2018 2019 2020
(June)
Total
Verbal Counseling 8 6 2 33 28 4 81
Documented
Counseling
32 42 28 23 34 1 160
Written Reprimand 12 11 16 8 15 3 65
Performance
Improvement Plan
1 0 0 1 4 2 8
Training 1 0 0 5 2 0 8
Warning 0 0 1 0 0 0 1
No Action 0 0 1 1 4 0 6
Human Resources 0 0 0 1 0 0 1
Cases where action
taken is not listed
3 0 2 7 9 0 21
Updated 7/15/20
75
QUESTIONS?
30 76
POLICE DEPARTMENT PERSONNEL FILES
LGC 143.089(a): The (a) file is a public file maintained by the Civil
Service Commission and must contain the following:
•A commendation, congratulation, or honor bestowed on the
officer by a member of the public or the Department that
relates to the officer's official duties.
•Any letter, memorandum or document relating to misconduct
at the level of a suspension of at least 1 day, demotion, or
indefinite suspension.
•Those portions of the Internal Affairs investigation that
supported the discipline (note: there may be information within
that file that is confidential by law and may have to be
redacted –medical information, juvenile information).
•Periodic evaluations of the officer by a supervisor.
31 77
PERSONNEL FILES
LGC 143.089(g):“A police department may maintain a personnel file on
a police officer employed by the department for the department’s use,but
the department may not release any information contained in the
department file to any agency or person requesting information relating to
a police officer.”
•Investigations of police misconduct are confidential if:
•The officer was not suspended for at least 1 day, demoted,
bypassed for promotion, or indefinitely suspended.
•This confidentiality provision can only be changed by the
legislature or through the Meet and Confer Agreement.
•This confidentiality provision is directly related to Citizen
Oversight of a Police Department subject to Chapter 143.
32 78
QUESTIONS?
33 79
1
TRAINING DISPOSITIONS REPORT: 2015-2020
IA # Allegation Officers
Involved Disposition Action Taken Synopsis
SC2018-
007
Service
Complaint
2 Sustained Training Parent of runaway juvenile
complained that Officers failed
due diligence in identifying
runaway when called to location
in Denton to attempt to find her.
Complaint was sustained on the
service complaint and was
addressed by a
training/coaching opportunity by
supervisor.
SC2018-
008
Service
Complaint
1 Sustained Training Citizen complained that Officer
did not contact her when
specifically asked to speak with
the officer on suspicious activity
next door. Officer was coached
by the supervisor for failing to
adequately investigate the call
and following up with RP.
SC2018-
011 Service
Complaint
2 Complete Training Complaint by citizen of delayed
call for service. Incident handled
by training to prevent future
occurrences.
OPS2019-
049 4.8.3 Towing
Prisoner
Vehicles
1 Sustained Training Officer stopped a vehicle for
speeding and found that the
driver had outstanding warrants.
He arrested the driver and
80
2
impounded the vehicle. The
driver came to the station to
complain that his girlfriend was
present during the stop and he
wanted his vehicle released to
her (per policy). The driver wants
restitution for the impound costs.
FD2019-
002 Firearms Policy 1 Sustained Training Officer was participating in
firearms training. After engaging
a steel target with two rounds,
officer moved his pistol to the
ready. His finger remained on the
trigger and he negligently fired a
round into the ground. The round
struck the ground approximately
10 yards in front of him and
deflected up into the berm. He
was directed to leave the line.
Remedial training will be done
before he returns to the range.
OPS2015-
031
Courtesy 1 Sustained Suspension and
Training
Officer served as a back-up on a
traffic stop. Citizen was not
cooperative with commands
related to officer safety. Multiple
officers attempted to restrain
citizen who resisted and threw a
punch at officer. Officer
responded with multiple strikes to
the face. Officer used profane
language and made insensitive
statements that were
unbecoming of an officer.
81
1
USE-OF-FORCE AND TASER REPORTS: 2015-2020
Complaints of Excessive Use of Force or TASER Violation
IA # Allegation Finding
Additional
Allegations
and Findings
Citizen
Complaint
or Internal
Review
Synopsis
Citizen
Race/
Gender/
Age
Officer
Race/
Gender
Action Investigator Injuries
Medical
Treatment due
to Injuries
Follow-up
Training
Recomm-
ended
Follow-up
Training
Conducted
OPS2015
-023 Taser
Policy
Sustained None Internal
Review
Citizen led officers on a 20-minute high speed
vehicle pursuit before tire deflation and crash.
Officer deployed TASER but at the time citizen
was only passively resisting.
White/
Male/ 41
Asian
Pacific
Islander/
Male
Written
Reprimand
Internal
Affairs -
Lieutenant
No indication
in IA report
No indication
in IA report
Yes Yes, TASER
OPS2015
-031 Use of
Force
Not
Sustained
Unbecoming
Conduct and
Courtesy -
Both charges
sustained
Citizen gave
statement
but the
report is not
clear if he
complained
or if this was
discovered
through
internal
review
Officer served as a back-up on a traffic stop.
Citizen was not cooperative with commands
related to officer safety. Multiple officers
attempted to restrain citizen who resisted and
threw a punch at officer. Officer responded with
multiple strikes to the face. Officer used profane
language and made insensitive statements that
were unbecoming of an officer.
Black/
Male/ 39
White/
Male
One-Day
Suspension
for Courtesy
and
Unbecoming
Conduct
Deputy
Chief over
Internal
Affairs
Citizen
received
nose injury.
Officer
reported
minor injury
to face.
EMS
treatment at
scene
Yes Yes,
Emotional
Survival for
Law
Enforce-
ment
OPS2015
-065 Use of
Force
Sustained None Internal
Review
Citizen suspected of disorderly conduct with
females. Citizen detained and directed to put
down cup of coffee. Citizen was passively
resistant and non-compliant, so officer grabbed
arm and forced citizen down onto hood of car
for control purposes. Command staff deemed
the action not to be objectively reasonable.
Black/
Male/ 26
White/
Male
Documented
Counseling
Report
Shift
Commander
Injuries not
mentioned in
file
Not believed
to have
received
medical
treatment
No No
OPS2016
-034 Electronic
Control
Device
Sustained None Internal
Review
Officer made traffic stop for minor infraction.
Passenger fled on foot and Officer gave chase.
Suspect jumped fence and officer discharged
TASER to stop citizen. Probes did not make
connection and suspect continued to flee.
Captured later in the area. Later determined
citizen had been armed with a pistol and was
wanted for parole violation. Policy disallows
TASER for the mere act of fleeing.
Black/
Male/ 28
White/
Male
Documented
Counseling
Report
Shift
Commander
None None No No
OPS2016
-044
Use of
Force
Sustained None Internal
Review
Female reported her boyfriend assaulted her.
Officer used TASER on the male citizen who was
seated and engaged in passive resistance only.
Female interfered with the arrest and was also
placed under arrest.
Hispanic/
Male/ 22
White/
Male
Written
Reprimand
Internal
Affairs –
Lieutenant
None
besides
TASER probes
No No No
OPS2016
-058
Use of
Force
Exonerated Unsatisfactory
Performance
– Not
Sustained
Internal
Review
(ordered by
Chief of
Police)
Two officers dispatched to a 911 call of suspicious
vehicle in neighborhood at night. Two males
inside car refused to identify, exit the car, or
answer questions. Officer attempted to forcefully
remove one male citizen from car. Citizen kicked
White/
Male/ 27
Black/
Female
None Internal
Affairs –
Lieutenant
None
besides
TASER probes
No No No
82
2
at officer, so back-up officer used TASER on
citizen to protect first officer. Supervisor called to
scene and citizen released from custody without
charges.
Black/
Male
OPS2016
-065
Use of
Force
Exonerated None Citizen
Complaint
Citizen arrested for DWI. Complained that
handcuffs were placed on too tight and that
officer squeezed her arm too hard during post
arrest escort, causing bruising. Also complained
that officer used a knee to push her knee in
causing a bruise. Citizen was verbally
argumentative during the escort. Review of
video does not indicate that officer acted
unreasonably.
White/
Female/
45
Black/
Female
None Internal
Affairs –
Lieutenant
Bruises No No No
OPS2018
-038
Use of
Force
Exonerated Code of
Conduct:
Departmental
Reports:
Inaccurate
Information -
Sustained
Citizen
Complaint
16-year-old citizen (5'10", 170lbs) with suicidal and
homicidal thoughts was being seen at MHMR
Triage Center. Citizen became very angry, losing
control of himself, and punching the office wall
which caused significant damage. Officers
attempted arrest and citizen actively resisted.
Citizen attempted to get up with officer on top
and officer delivered several strikes to head,
taking citizen into custody.
White/
Male/ 16
White/
Male
Written
Reprimand
Internal
Affairs –
Lieutenant
Contusion Yes (Juvenile
Center nurse)
No Departme
nt de-
escalation
training
OPS2018
-050
Use of
Force
Sustained Code of
Conduct:
Departmental
Reports:
Inaccurate
Information –
Sustained
Internal
Review
Two officers responded to a report of males
fighting in a parking lot with a possible discharge
of firearm. Officers detained two males and
found a spent round casing. One male citizen
detained and placed in handcuffs. Citizen fled
from officer in handcuffs behind back. Officer
discharged TASER but missed. Citizen fell to the
ground and officer delivered a drive stun to the
back of a handcuffed, compliant citizen.
Black/
Male/ 30
Black/
Male
5-Day
Suspension
Internal
Affairs –
Lieutenant
No No Yes Pending
OPS2018
-061
Use of
Force
Exonerated None Citizen
Complaint
Two officers dispatched to loud disturbance call,
possibly domestic related, and contacted male
and female disputants. Officer attempted to
interview male citizen, but the female citizen
moved towards officer interfering with his ability
to investigate. Officer used palm of hand to push
female citizen away from him to create space.
Male citizen made complaint and both parties
made false claims against the officer. Body cam
footage refuted their statements. Male had
substantial criminal history including family
violence.
White/
Female/
36
White/
Male
None Internal
Affairs –
Lieutenant
Claimed
injury but not
verified
Unknown No No
OPS2019
-040
Use of
Force
Exonerated Arrest, Search,
and Seizure -
Exonerated.
Also alleged a
10-dollar bill
missing.
Video
footage and
jail
documents
Citizen
Complaint
Citizen experiencing homelessness came into the
lobby after hours for the purposes of spending the
night. Door believed to be ajar instead of in
locked position. Citizen determined to stay in
lobby on cool night; weather not officially
inclement. Police officers dispatched to make
other arrangements including taking the citizen
to a shelter or convenience store. Citizen refused
offers of assistance after multiple requests to
leave the lobby. Arrest was made for Criminal
Black/
Male/ 32
White/
Male
White/
Male
None Internal
Affairs –
Lieutenant
Citizen
claimed
injury but
advised that
there were
no visible
injuries.
No No No
83
3
do not
support him
having cash
Trespass and citizen resisted arrest. Arrest
authorized by supervisor. Officers used physical
force to handcuff and transport back to jail.
Video evidence shows no excessive force by
officers. Citizen advised of diabetes and was
taken to hospital for high blood sugar. Charge
dropped and citizen discharged from policy
custody.
OPS2019
-052
Use of
Force
Exonerated None Citizen
Complaint
Officers dispatched to UBH mental health facility
to assist DCSO Mental Health Peace Deputy with
involuntary placement. Citizen was unhappy
with DCSO Deputy. Officers attempted escort but
citizen resisted, and officers used physical
restraint to handcuff. Officers struggled for
several minutes but used nothing other than
physical strength to subdue. Citizen kicked
officer several times. Citizen later made
allegations of excessive force. Body cam as well
surveillance from UBH reviewed showing no
excessive force by officers. Citizen made some
false claims refuted by video footage.
White/
Male/ 38
White/
Male
White/
Male
None Internal
Affairs –
Investigator
Slight cut to
left eyebrow,
inadvertent
during
struggle
Possible from
UBH
No No
OPS2019
-062
Use of
Force
Exonerated Body Worn
Camera
Procedures –
Sustained
Citizen
Complaint
Thirteen-year-old male student with diagnosed
significant behavioral issues threatened, acted
aggressively, and assaulted school staff before
attempting to insert a metal object into an
electrical light socket. Student Resource Officer
stopped the student's life-threatening actions.
While physically controlling student, the student
resisted, and officer took him to the ground
where he handcuffed the student. During this
time, student kicked the officer multiple times.
Student is believed to have been injured to his
facial area during the movement to the floor
(inadvertent contact with nearby chair).
Black/
Male/ 13
Black/
Male
Documented
Counseling
Report – For
body worn
camera
Internal
Affairs –
Lieutenant
Contusion to
wrist,
contusion to
face
Yes, Hospital No No
OPS2019
-064
Use of
Force
Exonerated Illegal Arrest –
Exonerated
Citizen
Complaint
Citizen set fire to his clothes in the home and was
running around in the street in underwear only.
Acquaintances subdued him until police arrived.
Officers ordered other citizens to release man but
had to threaten TASER usage to get him to
comply with handcuffing. Citizen would not calm
down and had to be placed in WRAP restraint.
Citizen spit on an officer. Citizen was transported
to mental health facility and turned over to
mental health professionals including DCSO
Mental Health Deputy. No charges filed. Video
review shows police responses to resistance to be
reasonable and lawful.
Black/
Male/ 29
White/
Male
Black/
Male
Hispanic/
Male
White/
Male
None Internal
Affairs –
Investigator
Complained
from out of
state about
bruises,
abrasions,
and injured
thumb. Did
not respond
back with
photos of
injuries
Unknown No No
OPS2019
-078
Taser
Policy
Sustained None Internal
Review
Citizen experiencing mental health crisis on a
public street and nearby parking lot. Citizen
moved towards officer and grabbed his wrist.
Officer pulled TASER and gave repeated
commands for citizen to lay down in prone
position. Citizen passively resisted by not
following commands. Officer discharged TASER
Black/
Female/
36
Asian
Pacific
Islander/
Male
5-Day
Suspension
Internal
Affairs –
Lieutenant
Laceration to
head from
fall
Yes, Hospital Yes Yes, De-
escalation
training
84
4
and made arrest. At the moment TASER was
used, the citizen was only passively resisting and
had not been overly violent with officer by
grabbing his wrist.
OPS2019
-144
Taser
Policy
Sustained
(both
officers)
None Citizen
Complaint
Citizen was wanted for a felony warrant. Officer
recognized him walking and attempted
detention, but citizen initially refused to stop.
Citizen eventually stopped but physically resisted
arrest. Officers attempted physical restraint for
over four minutes on citizen who was described
as stout and physically fit. Unable to subdue
citizen, two back-up officers both discharged
TASER simultaneously but did not verbally
announce use of TASER per policy. At least one
officer should have announced which would
have prevented two discharges.
Hispanic/
Male/ 35
Hispanic/
Male
White/
Male
Documented
Counseling
Report (both
officers)
Internal
Affairs –
Lieutenant
TASER probe
hit sensitive
area
Yes, Hospital
to remove
TASER probe
Yes Pending
SC2016-
003
Use of
Force
Exonerated None Citizen
Complaint
Citizen with psychiatric issues (PTSD) was wanted
by another jurisdiction and DPD was requested to
arrest him. The TLETS (tele-type) message
indicated suicidal ideation and prior threats to
police officers. Officers found him in yard at his
parent's home and pointed firearms at him to
make the arrest. Officers also asked for
permission to enter home to explain the
circumstances to citizen’s mother.
White/
Male/ 36
White/
Male
White/
Male
None Internal
Affairs –
Lieutenant
None None No No
SC2017-
004
Use of
Force
Unfounded None Citizen
Complaint
Citizen roamed around an apartment complex
and entered a vacant unit. Section was under
construction and worker told him couldn't be
there. Citizen continued to roam and was told by
additional staff that he was not allowed there.
He responded with profanity and police were
called. Officer detained citizen and to get his
attention, officer placed her hand on citizen's
shoulder which offended him. Officer said that
citizen initially refused to stop upon command, so
she touched him to further detention. Citizen
stopped and was issued notice of trespass.
Black/
Male/ 37
White/
Female
None Internal
Affairs –
Lieutenant
None None No No
TOTAL COMPLAINTS: 18
Total Number of Citizens Involved 18
Total Number of Officers Involved 26
85
5
HOW COMPLAINTS WERE RECEIVED
Internal Review 10
Citizen Complaint 7
Unknown 1
SUSTAINED COMPLAINTS
Complaints Involving Use-of-Force 3
Complaints Involving TASER 4
Total Number of Officers
Disciplined 8
CITIZEN RACE
Black 9
Hispanic 2
White 7
OFFICER RACE
Asian/ Pacific Islander 2
Black 6
Hispanic 2
White 16
COMPLAINTS INVOLVING WHITE OFFICERS AND BLACK CITIZENS
Number of Black Citizen
Complaints 6
Number of White Officers
Involved 7
Complaint Sustained
Allegation 2
COMPLAINTS INVOLVING WHITE OFFICERS AND HISPANIC CITIZENS
Number of Hispanic Citizen
Complaints 2
Number of White Officers
Involved 2
Complaint Sustained
Allegation 2
86
Use-of-Force Committee
Meeting
Sept. 10, 2020
1
87
Timeline and Framework
The following is proposed for the remaining meetings to guide the Committee in
developing conclusions and recommendations:
Thursday, Sept. 3
•Recommendations regarding Use-of-Force Policy and Training (Part 1)
Thursday, Sept. 10
•Review information requested on Civilian Oversight for Use-of-Force
•Begin discussion of recommendations regarding Use-of-Force Review and Transparency (Part 2)
Thursday, Sept. 17 (additional meeting)
•Discuss and finalize recommendations
•Begin review of draft report of the Committee
City Council Meeting –Oct. 5 Luncheon
•Present Committee’s report and recommendations to City Council
2
Thursday, Sept. 24 (hold, proposed additional meeting if needed)
•Additional meeting if needed to finalize report
88
Wrap-up: Internal Affairs
File a Complaint:
•Citizens can file complaints
under Commendations &
Complaints at
www.dentonpolice.com in
English or Spanish, or by
contacting (940) 349-7988 or
(940) 349-7912
Summary of Information Presented:
•Internal Affairs division of the Denton Police Department tracks employee
performance and investigates allegations of employee misconduct
•This unit does not conduct criminal investigations on Department employees
•Unit was restructured in Oct. 2018 to improve accountability, form a
deliberative process through entire chain of command, enhance consistency,
expand reporting capabilities, establish an internal review board, and enhance
legal support
Resources:
•Presentation on July 16, 2020 (covered Civil Service Act, Meet and Confer Agreement,
and Investigations of Police Misconduct)
•Follow-up Info Provided on July 23, 2020
•Use of Force and Taser Report 2015-2020 –provided summary of each complaint of excessive
use of force or TASER violation from 2015 to date
•Training Dispositions Report 2015-2020 –provided corresponding summary of training for
sustained complaints
•Additional Info Provided on Aug. 13, 2020
•Provided a chart of Internal Affairs Processes Before & After restructuring of the unit in October
2018 in Report (pg. 2)
View Use-of-Force Related
Complaint Data:
•Visit DPD Data Initiative
page at
www.dentonpolice.com
•View data such as:
•2019 Profile: Use of Force
•2019 Demographics:
Response to Resistance
89
4
Wrap-up: Internal Affairs
•On July 16, 2020, staff
provided follow-up
information Civil Service Act,
Meet and Confer Agreement,
and Investigations of Police
Misconduct
•In total, from 2015-2020, there
were 539 complaints received
•Both internal and external
•0.1% of calls/contacts
•18 complaints related to Use-
of-Force and Tasers
90
5
•On July 23, 2020, staff provided follow-up
information to the Committee as requested
breaking down the 18 complaints received
relating to Use-of-Force and Tasers
•Use of Force and Taser Report 2015-
2020 –provided summary of each
complaint of excessive use of force or
TASER violation from 2015 to date
•Training Dispositions Report 2015-2020
–provided corresponding summary of
training for sustained complaints
Wrap-up: Internal Affairs
91
6
Wrap-up: Internal Affairs
•Additional Info Provided on Aug. 13, 2020
•Provided a chart of Internal Affairs
Processes Before & After restructuring of
the unit in October 2018 in Report (pg. 2)
•Unit was restructured in Oct. 2018 to
improve accountability, form a
deliberative process through entire chain
of command, enhance consistency,
expand reporting capabilities, establish
an internal review board, and enhance
legal support
92
•The following questions are posed to help the Committee discuss findings,
conclusions, or recommendations regarding Use-of-Force Review and
Transparency
•Questions are only to provide assistance in facilitating Committee discussion,
and are based upon Committee’s prior discussions, inquiries, questions, and
comments
1.Does the Committee have any recommendations to enhance reporting of information
to the public? (note:discussed during last meeting)
2.Does the Committee think civilian oversight is needed? If so, in what form?
Part 2. Use-of-Force Review and Transparency
Findings and Recommendations
Discussion on Sept. 10, 2020
93
Mayor’s Ad-Hoc Use of Force Committee
Civilian Oversight of the Denton Police Department
September 10, 2020
Presented by Deputy City Attorney
Michael L. Cronig
8 94
PURPOSE OF THIS PRESENTATION
1.Discuss the common goals of Civilian Oversight of Law
Enforcement.
2.Comparison of Civilian Oversight in Texas cities.
3.Limitations on Civilian Oversight for the Denton Police
Department imposed by Texas Local Government Code
Chapter 143 and the Meet and Confer Agreement.
4.Potential models of Civilian Oversight for the Denton Police
Department.
9 95
COMMON GOALS OF CIVILIAN OVERSIGHT
The National Association for Civilian Oversight of Law
Enforcement (NACOLE)has identified the following commons
goals for Oversight:
1.To ensure that the police complaint process is accessible to
all and that there are few,if any,barriers to the filing of
complaints.
2.To ensure that investigations are fair and thorough,that
findings are reasonable,and discipline is appropriate.
3.To improve public confidence in the police.
4.To enhance the transparency of police organizations by
publicly reporting on the department’s efforts in holding
officers accountable.
10 96
COMMON GOALS OF CIVILIAN OVERSIGHT
5.To improve the policies,practices,training,and
management of law enforcement agencies by analyzing
patterns in complaints and other police-related data.
6.To deter officers from engaging in misconduct through the
creation of more effective and consistent investigation and
disciplinary processes.
7.To reduce legal liability associated with officer misconduct.
8.To improve the public’s understanding of police policy,
training,and practices through community outreach and
other avenues such as mediation of citizen complaints.
11 97
OVERSIGHT -BEST PRACTICES
NACOLE:August 6,2020:
“The complexities of social and political contexts make
Identifying successful practices employed in one
jurisdiction and transferring them to another a
challenging and unreliable task fraught with potential
errors of interpretation and extrapolation.”
12 98
OVERSIGHT -BEST PRACTICES
“Jurisdictions should focus on the “Best Fit”rather than the
“Best Practices”when considering how to structure civilian
oversight.”
“It is impossible to suggest that any one model of oversight is
better than another.Each jurisdiction must evaluate its own
police agency;its culture,its leadership,its overall current
capacity to police itself and its future potential in that regard
before choosing the most appropriate form of oversight that will
have the highest likelihood of success over time.”
13 99
QUESTIONS?
14 100
OVERSIGHT LIMITATIONS FOR DENTON -LGC 143.089
LGC 143.089(g):“A police department may maintain a personnel file
on a police officer employed by the department for the department’s
use,but the department may not release any information contained in
the department file to any agency or person requesting information
relating to a police officer.”
•Investigations of police misconduct are confidential if:
•The officer was not suspended for at least 1 day, demoted,
bypassed for promotion, or indefinitely suspended.
•This confidentiality provision can only be changed by the
legislature or through the Meet and Confer Agreement.
15 101
OVERSIGHT LIMITATIONS –MEET & CONFER
•Article 8 –Protected Rights of Officers -The subject officer has
the following rights during an investigation prior to providing a
statement regarding the complaint:
•The right to representation by an attorney and/or union rep.
•A copy of the complaint at least 48 hours prior to their
interview.
•Review any videotape,photograph,or other recording of the
operative conduct or alleged injuries which is the subject of the
allegations (e.g.video of a use of force).
•Any reports of the incident prepared by the officer.
•Portions of any documents in which the officer is alleged to
have provided false,incomplete,inconsistent or conflicting
information,or is alleged to have omitted information in
violation of law or Department policy.
16 102
OVERSIGHT LIMITATIONS –MEET & CONFER
•Article 8 Section 3:Compelled Testimony:
“There shall be no legal or administrative requirement,
including but not limited to subpoena power or an order
from the City Manager or the Department,that an officer
appear before or present evidence to any individual,panel,
committee,group,or forum of any type.This provision
has no application to any Independent Investigation
authorized by the Chief of Police,regardless of whether the
Independent Investigation was recommended by the City
Council,City Manager…”
17 103
OVERSIGHT –TEXAS CITIES
18
CITY 143 and
Meet &
Confer
Contract
Monitor Panel
/Board
Appointed
by
Removed
by
Investigat
e and
subpoena
power
Hold
Public
Meetings
Types of Cases
Reviewed
Austin Both Yes (paid
full-time
City
emp.)
12-
member
(created
by M &
C) (non-
paid)
City
Manager
Manager No Yes -
Panel
All
Dallas M & C
Contract
only
*Not
subject
to Chap.
143
Yes (paid
full-time
emp.)
15-
member
advisory
board to
the
Chief,
City
Manager
and
Council
(non-
paid)
City
Manager
appoints
Monitor,
Council
appoints
board
City
Manager
for
Monitor,
Council
for board
members
Monitor
may
conduct
an invest
and issue
subpoena
but not
for a city
employee
or police
officer
Yes –
Panel
Monitor: All
Board: critical
incidents and
external
complaints
104
OVERSIGHT –TEXAS CITIES
19
CITY 143 and
Meet and
Confer
Contract
Monitor Panel
/Board
Appointed
by
Removed
by
Investigate
and
subpoena
power
Hold Public
Meetings
Types of Cases
Reviewed
Fort
Worth
Both Yes (paid
full-time
emp.)
No panel
yet
City
Manager
appoints
Monitor,
Council
appoints
board
City
Manager
removes
Monitor,
Council
removes
board
No Yes All
Galveston Both No Yes –7
member
(advisory
to Police
Chief)
(non-paid)
Mayor and
Council
appoint
Subject to
removal by
Council
No No Excessive Force,
Discharge of
Firearms, Incidents
resulting in Serious
Bodily Injury or
death, other cases
requested by the
Police Chief
105
OVERSIGHT –TEXAS CITIES
20
CITY 143 and
Meet &
Confer
Contract
Monitor Panel
/Board
Appointed
by
Removed
by
Investigate
and
subpoena
power
Hold Public
Meetings
Types of Cases
Reviewed
Houston Both No Yes –29
member
(non-paid)
Mayor and
confirmed
by Council
Mayor No No Excessive Force,
Discharge of
Firearms, incidents
resulting in SBI or
death, other cases
requested by the
Chief of Police
San
Antonio
Both No Yes
(Chief’s
Advisory
Board –
14-
member
½ sworn ½
civilian
(citizens
non-paid)
Citizens
appointed
by Council,
police
appointed
by the Chief
Citizens
removed
by Council,
police
removed
by Chief
No No, but
may elect
to hear
testimony
All
106
OVERSIGHT –TEXAS CITIES
21
CITY Panel/Board Membership
Austin •Not currently a City of Austin employee
•Cannot hold a public office
•Cannot have an immediate family member who is currently or formerly employed
by the Austin Police Department
Dallas •Cannot be employed by the Dallas Police Department or have an immediate family
member who is an employee of the Dallas Police Department
Houston •Cannot hold a political office
•Cannot be employed by any law enforcement agency
•Cannot be an employee of the City of Houston
•Cannot be an immediate family member of any Houston Police Department
personnel
•*Includes experts in criminal justice, civil rights attorneys, retired judges and
prosecutors, and academic experts and scholars
107
QUESTIONS?
22 108
DENTON OVERSIGHT OPTIONS
Option 1: Hire a Police Monitor as a City Employee or Independent
Contractor
•The most defensible structure is a Police Monitor that is a city employee or
independent contractor reporting to the City Manager.
•This can be accomplished by Council amending Ordinance 2001-268 to allow
Monitor access to confidential (g)materials which is legally permissible because
the Monitor is essentially acting as the eyes and ears of the City Manager,who is
the direct supervisor of the Police Department and the Police Chief.
•The Monitor could also be a paid employee of the City Legal Department and
report to the City Attorney.
•This structure does not require an amendment to Chapter 143.089 by the
legislature or through the Meet and Confer process.
23 109
DENTON OVERSIGHT OPTIONS
Option 2:Police Chief Creates or Utilizes an Existing Police
Department Committee to Review/Audit DPD
Operations
The Police Chief could create a committee or utilize an existing
DPD committee that includes Denton residents to periodically
review/audit DPD policies,practices,training,Internal Affairs
operations (including statistical data regarding complaints of
biased-based policing and use of force),issue a public report,and
make a presentation to Council.As noted in AG Opinion GA-
0818,there may be limitations regarding volunteer access to
confidential investigative materials.
24 110
DENTON OVERSIGHT OPTIONS
AG Opinion GA-0818:
“Whether members of a civilian advisory board may
view a personnel file under section 143.089(g)of
the Local Government Code will depend on (1)the
Board’s status and function as part of the
department and (2)limitations on the board’s use of
subsection (g)files to department purposes only,
which will depend on the specific facts of the
Board’s appointment.”
25 111
DENTON OVERSIGHT OPTIONS
Option 3:City Council Appointed Committee/Board/Commission
Absent a legislative or negotiated change to 143.089(g),volunteer
access to (g)material may not be legally permissible.
26 112
DENTON OVERSIGHT OPTIONS
Option 4:A Citizen Panel Selected by the Community
•Absent a legislative or negotiated change to 143.089(g),
volunteer access to (g)material may not be legally permissible.
•The City condoning membership on a City sponsored/created
entity based on race or any other protected status may violate
state and federal anti-discrimination laws.
•The City allowing membership from groups who have been
historically oppressed by the police but expressly excluding
members of law enforcement or their family members may be
viewed as biased against police officers.
27 113
DENTON OVERSIGHT OPTIONS
Option 5:The Fire Fighter and Police Officer Civil Service
Commission as the Oversight Body
•The Commission has no oversight authority or role for officer
misconduct under Chapter 143,the M &C Agreement,or the
Local Civil Service Rules.
•The Commission’s investigative authority is limited to
investigating compliance with their Rules.
•Since the Commission hears disciplinary appeals,an
investigative oversight role would conflict with its appellate
responsibility.
•The only IA materials that the Commission may legally have
access to are those documents related to discipline at the level
of a 1 day suspension or greater.
28 114
QUESTIONS?
29 115
DRAFT 9/2/2020
Some Common/Shared Themes:
Communications
o Need to tell our story better. Share all the good that is going on – everything that
has taken place in the last two years to make substantial improvements and
change culture
o Share progress – by measurables and markers of progress
o Create video series and informational campaign
Engagement
o Open the UOF simulator up to other community leaders and the general public
o Create opportunities to reach and strengthen connections with the community,
especially those groups that may have less connection to PD
o More presence on universities and at university events, more connection to youth
o Increase relationships and interactions with the LGBTQ community, people with
disabilities, and hispanic/latinx community
Transparency and Accountability
o Package and share the data and info that has been provided to the Committee
with the general public in a friendly, consumable way
o Create a bi-annual report with UOF data, complaints, and dispositions to openly
& regularly share data. Add a narrative to front of the report, especially if any
decisions or actions have been informed by the data
o Continue to develop a culture and standard for officers to hold each other
accountable
Mental Health Unit and Response
o Support for new Mental Health Division unit and concept to pair officers with
mental health counselors; wherever possible, use this alternative response
Officer Wellness
o Support for increasing resources and focus on officers’ mental health and
wellness to value officer well-being and mitigate potential use-of-force situations
o Develop a way to monitor or watch for signs that something is wrong
Training
o Impressed by the amount of training provided
o Increase frequency of the mental health training provided to all officers
o Provide regular cultural diversity and sensitivity training
o Increase training and awareness to engaging with people with disabilities, both
intellectual and physical; many more intellectual disabilities than autism, which
DPD has been training on
Policy
o Feel the department is doing well with policies; impressed by the process over
the last 2 years to update all of the orders and move to Lexipol system. Do not
feel there is much to offer specific to policy changes
Oversight
o Some interest in understanding what options for citizen review may be possible
under state law and Ch. 143; presentation on Sept. 10 will provide more info
116
Other Items/Ideas Suggested:
Create one contact for the community to call and talk with an officer – someone with
empathy/time/patience. Have officer stationed/officed in the community, for example, in
a business storefront or community center
Create a portal on the website for citizens to submit questions to PD
Inquiry if there could be a financial incentive for officers to become certified mental
health peace officers
Clarify consistent disciplinary actions for improper or excessive use-of-force
Acknowledge the tension, acknowledge systemic racism exists, here’s what we are
doing
After intermediate level, increase and refresh officers on scenario-based training on UOF
Address in the final report to acknowledge community input and community concerns to
the Committee that may not be use-of-force related
117
City of Denton
Use of Force Committee
Draft Memo
September 16, 2020
Prepared by Patrick Ibarra, The Mejorando Group
Background: The ad-hoc Use of Force Committee began holding regular meetings in
June with the intent to offer recommendations to Mayor and Council by late September.
Topics to be Discussed during September 17 meeting: Based on the Resolution
approved by Mayor and Council which established the ad-hoc Use of Force Committee,
and previous meetings, there are a few questions for members to discuss to finalize
recommendations:
1. Policy and Training: Does the Committee have any recommendations for
updates to policy language or training regarding use-of-force?
After review, the Committee felt that they could not offer any specific
recommendations or changes to policy.
To continue emphasis on understanding and de-escalating situations, the
Police Department should investigate continued opportunities for regular
training for officers on mental health, diversity and inclusion, persons with
physical or intellectual disabilities, and LGBTQ individuals. Such training
should be balanced to manage proper staffing for the department and other
mandated trainings. The Police Department should track and share general
metrics on training.
2. Transparency and Accountability: Does the Committee have any
recommendations to enhance reporting of information to the public?
The Police Department shall create a report that includes data on Officer
Response Calls where Use of Force was used and summary information
on complaints filed against Police Officers for improper use-of-force and
their disposition, including if the complaint was sustained and training was
recommended. This report shall be posted and presented online in a
friendly, consumable way. The frequency of the report shall be at least
semi-annually. Where possible, data should also be presented in a “data
dashboard” format.
3. Civilian Oversight: Does the Committee think civilian oversight is needed?
Please see attached matrix to be used for Committee discussion based
upon the information presented by staff at the Sept. 10 Committee meeting.
The following outline provides more information on the proposed
recommendation process.
118
Priority-Setting Process: In order to ease the process of setting priorities and in the
spirt of reflecting a majority point of view regarding recommendations being forwarded to
Mayor and Council, a voice/roll-call vote will be held.
The first roll call/voice vote will be for the Committee to consider the Policy and Training
recommendation as listed above. The vote shall be a Yes/No.
The second roll call/voice vote will be for the Committee to consider the Transparency
and Accountability recommendation as listed above. The vote shall be a Yes/No.
Prior to the third roll call/voice vote to consider if a Civilian Oversight option should be
recommended, each Committee member will be asked to provide a very brief oral
statement on whether he/she believe a Civilian Oversight option should be
recommended. If the majority of Committee members believe a Civilian Oversight option
should be recommended, then a roll call/voice vote will be held asking members to rank
their top two choices. If a majority of Committee members believe a Civilian Oversight
option should not be recommended, then no options will be considered to forward to
Mayor and Council.
If a vote is held to rank members top two choices for a Civilian Oversight option, only
those options which receive votes will be considered for a subsequent roll call/voice vote
requesting members to select their top choice. The option which receives the most votes
will be included in the report of recommendations to be forwarded to Mayor and Council.
Other Information: Throughout the course of the meetings held by the Committee,
members have discussed a number of topics related to Police Department programs and
services, but not linked to the Use of Force policy review. These include:
Communications (from Police to the community, how to better share progress and
everything that Police department is doing with the community)
Engagement (from Police to the community, creating opportunities to reach and
strengthen connections with the community especially groups that may be
apprehensive of law enforcement)
Mental Health Unit and Response (general support for newly formed Mental
Health Division in the Denton Police Department)
Police Officer Wellness (general support for resources and focus on officers’
mental health and well-being)
Police Officer Training (regular training for officers on mental health, diversity and
inclusion, persons with physical or intellectual disabilities, and LGBTQ
individuals).
Police Chief Dixon has mentioned a number of times during Committee meetings that he
and members of his staff are appreciative of the feedback from the Committee and are
seeking to be both responsive and proactive about these items brought forth by
Committee members.
119
Potential Civilian Oversight Options for Sept. 17 Meeting Option Require a change to Chapter 143.089(g) Ease of ImplementationFinancial CostCitizen Participation Public Release of information Option #1: Police Monitor (city employee or entity/ individual retained by contract) No. Access to (g) material is permissible due to reporting relationship to the City Manager ‐Council must pass an ordinance creating oversight with a Police Monitor and establishes criteria to serve and duties ‐City Manager recruits & hires the Monitor ‐Training on DPD policies Recruitment costs, salary or contract costs for work performed, cost of City staff time and resources The Monitor is not a member of the DPD and may not be a citizen of Denton Absent a change to Chap. 143 by the legislature or by the M & C Agreement, limitations of 143.089g apply to public release of DPD Internal Affairs investigations that did not result in a suspension of at least 1 day Option #2: Advisory Board to Chief (part of the Police Dept.) No. Access to (g) material is likely permissible without a change due to Board’s reporting relationship to the Police Chief ‐Council must pass an ordinance establishing oversight with an Advisory Board and establishes criteria to serve and duties ‐Board members appointed ‐Training on DPD policies ‐Board members are not paid ‐Cost of Staff time and resources Yes. Only citizens of Denton would be appointed to the Advisory Board Absent a change to Chap. 143 by the legislature or by the M & C Agreement, limitations of 143.089g apply to public release of DPD Internal Affairs investigations that did not result in a suspension of at least 1 day Option #3: Annual Audit with Citizen Participation and Report to City Council by the Police Chief No, but citizen access to (g) material as part of this audit may not be permissible without a change ‐An ordinance is not required if access to (g) material is not part of the audit ‐City Manager establishes criteria for participation on audit panel ‐Training? ‐Citizens are not paid‐Cost of Staff time and resources preparing the audit and report to Council Yes. Only citizens of Denton would be appointed to the Audit panel Absent a change to Chap. 143 by the legislature or by the M & C Agreement, limitations of 143.089g apply to public release of DPD Internal Affairs investigations that did not result in a suspension of at least 1 day (the Police Chief is bound by this as well) Option #4: Hybrid (Monitor and a Citizen Panel that is not part of the Police Dept.) Yes, for Panel access to (g) material ‐Council must pass an ordinance creating oversight with a Police Monitor and Citizen Panel and establishes criteria to serve and duties ‐Attempt to negotiate a change to the M & C Agreement with the Police Assoc. to allow Panel access to (g) material‐Monitor hired and Panel appointed ‐Training on DPD policies Recruitment costs and salary for hiring a Monitor (or contract costs), City staff time and resources Yes. Only citizens of Denton would be appointed to the Panel Absent a change to Chap. 143 by the legislature or by the M & C Agreement, limitations of 143.089g apply to public release of DPD Internal Affairs investigations that did not result in a suspension of at least 1 day Option #5: Community Panel only (not part of the Police Dept.) Yes, for Panel access to (g) material. ‐Council must pass an ordinance creating oversight with a Citizen Panel and establishes criteria to serve and duties ‐Attempt to negotiate a change to the M & C Agreement with the Police Assoc. to allow Panel access to (g) material‐Panel appointed ‐Training on DPD policies ‐Panel members are not paid ‐Staff time and resources YesAbsent a change to Chap. 143 by the legislature of through M & C, limitations of 143.089g apply to public release of DPD Internal Affairs investigations that did not result in a suspension of at least 1 day Q1: Should a civilian oversight option be recommended? Q2: If yes, which option? 120
Ad-Hoc Use-of-Force CommitteeOctober 5, 2020 City Council Luncheon Meeting1121
Presentation Outline•Formation of the Ad-Hoc Use-of-Force Committee•Overview of the Committee’s Work•Overview of Topics and Information Reviewed by the Committee•Findings and Recommendations by the Committee•Direction and Next Steps2ID#20‐1586, 10/5/20122
Committee Formation•In early June, Mayor Watts sought to sign on to the national “Commit to Action” initiativefor police reform, led by former President Obama and My Brother’s Keeper Alliance, which called on mayors to commit to:1. REVIEW your police use of force policies.2. ENGAGE your communities by including a diverse range of input, experiences, and stories in your review.3. REPORT the findings of your review to your community and seek feedback.4. REFORM your community’s police use of force policies.•On June 9, City Council passed Resolution 20-1110 to show support to sign on to the pledge and immediately form an ad-hoc committee made up of 21 diverse stakeholders and community representatives•The Committee was charged to review police use-of-force policies and practices and develop a report of findings and recommendations to the Mayor and City Council by Sept. 15, 20203ID#20‐1586, 10/5/20123
Overview of Committee’s Work•At the first meeting on June 25, the Committee elected Chair Sheryl English and Vice Chair Cedric Chambers and adopted a meeting schedule•Held a total of 10 Committee meetings•All meetings were streamed live and recorded•Videos, agendas, and materials found at www.cityofdenton.com/publicmeetingand navigate to Use-of-Force Committee•Held two public input sessions during the July 23 and August 20 meetings to gather input, experiences, and stories from community members•57 online comments received (Appendix C)•20 callers during the meetings•Committee members also participated in the use-of-force simulator at the Denton Public Safety Training Center4ID#20‐1586, 10/5/20124
Topics Reviewed•During the meetings, the Committee reviewed and discussed use-of-force related topics and information about the Denton Police Department (DPD), including:•DPD Department Overview•Policy•Training•Accreditation and Compliance•Transparency and Reporting•Internal Affairs•Civilian Oversight•Summary of the information reviewed is presented in the Committee’s final report5ID#20‐1586, 10/5/20125
Wrap‐up: Policy Policies Reviewed:•300 Response to Resistance (“Use‐of‐Force” policy)o300.2.1 Duty to Intercedeo300.3 De‐Escalation of Potential Force Encounterso300.3.1 Assessment and De‐Escalationo300.4.4 Neck Restraintso300.5.1 Shooting at or from Moving Vehicleso300.7 Medical Considerations•302 Handcuffing and Restraints•303 Control Devices•304 Electronic Control Weapons•310 Canines•401 Biased Based PolicingSummary of Information Presented:•General Orders are the policies that PD employees are guided by•Police Executive Research Forum (PERF) conducted an assessment in summer 2018 and identified that policies needed to be updated•When Chief Dixon started in late 2018, he assigned a detective to develop and update policies using a new system and industry leader called Lexipol•The Lexipol system provides many benefits, including assisting with regular updating of policies based upon best practices, court decisions, and legislative updates impacting law enforcement•Substantial improvements have been made from policies prior to 2018Resources:•Current General Orders at are available at www.dentonpolice.com•Presentationon June 25, 2020 (History of General Orders, Improvements Made, and Review of General Order “300 Response to Resistance” and its subcomponents)•Overview on July 30, 2020 of remaining use‐of‐force related policies•Q&A Document from July 30, 2020 meeting•ReportProvided Aug. 13, 2020 (pgs. 13‐31, comparison of Old and New General Orders)6126
Wrap‐up: TrainingSummary of Information Presented:•Overview of Initial and Ongoing Officer Training:oBasic Peace Officer Training Hours and CoursesoIntermediate Training Hours and CertificationsoLegislative‐Mandated Training (may change after each state legislative session)oDepartment‐Mandated Training•In last 2 years, increased training for mental health, de‐escalation, persons with autism, and other areas•Continued emphasis on reinforcing DPD’s mission and vision and changing department’s organizational culture •Peer Support team has been in place for more than a year to provide critical incident debriefings (may be mandatory for certain cases), to provide support to officers and employees, and place a focus on officer wellnessResources:•Committee Members participated in UOF training simulator on July 9, 2020•Presentationon Aug. 13, 2020 (Summary of PD’s Comprehensive Training Plan, including Basic and Intermediate Training, Legislative‐Mandated Training, and Department‐Mandated Training)•ReportProvided Aug. 13, 2020 (pgs. 3‐8, includes listing of all training)•Q&A Document from Aug. 13. 2020 Meeting7127
Wrap‐up: Accreditation & ComplianceSummary of Information Presented:•Texas Police Chief Association (TPCA) is a voluntary accreditation program that requires law enforcement agencies to comply with 168 best practices•Denton Police Department is in the process to become accredited, with accreditation expected in April 2021, but has an official deadline in March 2022•Accreditation ensures an agency achieves and maintains best practices in all areas, including Policy and Training, to be efficient and effective in delivering service, reduce risk, and protect an individual’s rightsResources:•Presentationon Aug. 13, 2020(overview of the accreditation process and the benefits to the DPD and community)•ReportProvided Aug. 13, 2020 (pgs. 9‐12, includes listing of best practices and current status of review for DPD accreditation)Chapters # of Best PracticesChapter 1 – Administration and Organization13Chapter 2 – Professional Standards and Conduct24Chapter 3 – Training19Chapter 4 – Personnel10Chapter 5 – Records and Information Management4Chapter 6 – Use of Force10Chapter 7 – Law Enforcement Operations34Chapter 8 – Unusual Situations12Chapter 9 – Communications9Chapter 10 – Arrestee Processing and Transportation22Chapter 11 – Court Security3Chapter 12 – Property and Evidence Management8Total1688128
Wrap‐up: Internal AffairsFile a Complaint:•Citizens can file complaints under Commendations & Complaints at www.dentonpolice.comin English or Spanish, or by contacting (940) 349‐7988 or (940) 349‐7912 Summary of Information Presented:•Internal Affairs division of the Denton Police Department tracks employee performance and investigates allegations of employee misconduct•This unit does not conduct criminal investigations on Department employees•Unit was restructured in Oct. 2018 to improve accountability, form a deliberative process through entire chain of command, enhance consistency, expand reporting capabilities, establish an internal review board, and enhance legal supportResources:•Presentationon July 16, 2020 (covered Civil Service Act, Meet and Confer Agreement, and Investigations of Police Misconduct)•Follow‐up Info Provided on July 23, 2020 •Use of Force and Taser Report 2015‐2020 – provided summary of each complaint of excessive use of force or TASER violation from 2015 to date•Training Dispositions Report 2015‐2020 – provided corresponding summary of training for sustained complaints•Additional Info Provided on Aug. 13, 2020•Provided a chart of Internal Affairs Processes Before & After restructuring of the unit in October 2018 in Report (pg. 2)View Use‐of‐Force Related Complaint Data:•Visit DPD Data Initiative page at www.dentonpolice.com•View data such as:•2019 Profile: Use of Force•2019 Demographics: Response to Resistance129
10Wrap‐up: Internal Affairs•On July 16, 2020, staff provided follow‐up information Civil Service Act, Meet and Confer Agreement, and Investigations of Police Misconduct•In total, from 2015‐2020, there were 539 complaints received•Both internal and external•0.1% of calls/contacts•Of the total 539 complaints from 2015‐2020, 18 complaints related to Use‐of‐Force and Tasers130
11•On July 23, 2020, staff provided follow‐up information to the Committee as requested breaking down the 18 complaints received relating to Use‐of‐Force and Tasers•Use of Force and Taser Report 2015‐2020 – provided summary of each complaint of excessive use of force or TASER violation from 2015 to date•Training Dispositions Report 2015‐2020 –provided corresponding summary of training for sustained complaintsWrap‐up: Internal Affairs131
12Wrap‐up: Internal Affairs•Additional Info Provided on Aug. 13, 2020•Provided a chart of Internal Affairs Processes Before & After restructuring of the unit in October 2018 in Report (pg. 2)•Unit was restructured in Oct. 2018 to improve accountability, form a deliberative process through entire chain of command, enhance consistency, expand reporting capabilities, establish an internal review board, and enhance legal support•After Oct. 2018, complaint reporting expanded to web‐based form and Spanish language added to facilitate complaint reporting from citizens132
13Wrap‐up: Civilian OversightSummary of Information Provided:•Reviewed purpose or goals of civilian oversight and/or advisory boards•Reviewed comparison of civilian oversight in Texas cities•Reviewed limitation on civilian oversight for the Denton Police Department imposed by Texas Local Government Code Chapter 143 and the Meet and Confer Agreement•Review potential models for DPD and considerations for eachResources:•Presentationon July 16, 2020 (covered Civil Service Act, Meet and Confer Agreement, and Investigations of Police Misconduct)•Presentationon Sept. 10, 2020 (covered Civilian Oversight)LGC 143.089(g): “A police department may maintain apersonnel file on a police officer employed by thedepartment for the department’s use, but thedepartment may not release any information containedin the department file to any agency or personrequesting information relating to a police officer.”•Investigations of police misconduct are confidential if:•The officer was not suspended for at least 1 day, demoted, bypassed for promotion, or indefinitely suspended.•This confidentiality provision can only be changed by the legislature or through the Meet and Confer Agreement.133
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Findings and Recommendations•Outline of process for developing recommendations:•City staff met one-on-one with Committee membersat the end of August to gather their individual feedback and input and begin to identify common themes and interestsfor the Committee to consider•At the Sept. 3 meeting, staff compiled and presented a summary from the individual interviews to the Committee (Appendix L). This was used by the meeting facilitator to help foster discussion around the recommendation areasof use-of-force policy, training, and reporting.•Prior to the Sept. 17 meeting, staff sent a memo to the Committee outlining proposed recommendations based on the Committee’s discussion and a proposed process to vote on recommendations at the Sept. 17 meeting, including civilian oversight options (Appendix M).•At the Sept. 17 meeting, the meeting facilitator introduced each proposed recommendation by topic and asked for any feedback or suggested changes before taking roll call/voice votes on each15ID#20‐1586, 10/5/20135
Findings and Recommendations1. Policy and Training: Does the Committee have any recommendations for updates to policy language or training regarding use-of-force?The Committee voted unanimously to support the Policy and Training Recommendation as presented below. After review, the Committee felt that they could not offer any specific recommendations or changes to policy.To continue emphasis on understanding and de-escalating situations, the Police Department should investigate continued opportunities for regular training for officers on mental health, diversity and inclusion, persons with physical or intellectual disabilities, and LGBTQ individuals. Such training should be balanced to manage proper staffing for the department and other mandated trainings. The Police Department should track and share general metrics on training.16ID#20‐1586, 10/5/20136
Findings and Recommendations2. Transparency and Accountability: Does the Committee have any recommendations to enhance reporting of information to the public?The Committee voted unanimously to support the Transparency and Accountability Recommendation as presented below. The Police Department shall create a report that includes data on Officer Response Calls where Use of Force was used and summary information on complaints filed against Police Officers for use-of-force and their disposition, including if the complaint was sustained and training was recommended. This report shall be posted and presented online in a friendly, consumable way. The frequency of the report shall be at least semi-annually. Where possible, data should also be presented in a “data dashboard” format.If there is a tragic loss of life due to the force, the Denton Police Chief and officials are encouraged to acknowledge or issue a statement reaffirming the value and sanctity of human life and commitment to transparency and accountability.17ID#20‐1586, 10/5/20137
Findings and Recommendations3. Civilian Oversight: Does the Committee think civilian oversight is needed? If yes, what option is recommended?By roll call/voice vote, the Committee voted first on if civilian oversight should be recommended. The Committee voted 10-6 that a civilian oversight option should be recommended and then subsequently voted on the options. The Committee recommends civilian oversight in the form of an Advisory Board to the Chief of Police.18ID#20‐1586, 10/5/20138
Advisory Board to the Police ChiefIf recommendation approved by Council:•Council wouldby ordinance create an Advisory Boardas part of the Denton Police Departmentto advise the Chief of Police.•Theordinance would establishthe structure of the Board, its make-up (civilian, sworn, or acombination of both), the appointment and removal process for its non-sworn members, training ofBoardmembers,anditsscope,whichwouldincludereviewofstatisticaldata/trends in the use offorce, complaints, disciplinary actions, training, and policy.•The Board would bescheduled to meet quarterly; however, would meet at least twice per yearat a minimum.19ID#20‐1586, 10/5/20139
Advisory Board to the Police Chief•Documents created by the Board would be subject to the Texas Public Information Act to theextent allowed by law.•Recommendations by the Board are not binding on the Chief of Police.•Recommendations by the Board and the Chief’s response are subject to public release to the extentallowed by law and subject to required redactions of confidential material.•The Police Chief would issue an annual written report and/or brief the CityCouncil on the AdvisoryBoard’swork,itsrecommendationstohim and his response, including which recommendations herejected, accepted, and implemented.•This process can be implemented immediately without any change to LocalGovernment Code Chapter 143 by the Legislature or through the Meet and Conferprocess.20ID#20‐1586, 10/5/20140
Findings and Recommendations•Final reportdelivered to City Council•Report (Exhibit 3)•Appendices to Report (Exhibit 4)•Contains more information on the topics and data reviewed by the Committee•Contains other ideas and points of emphasisfrom the Committee (summary to the right)21ID#20‐1586, 10/5/20141
Direction and Next Steps•Staff is seeking direction on the Committee’s recommendations:1. Policy and Training:No recommendations to policyContinue to investigate regular training for officers in certain areas as stated to de-escalate situations and increase awareness; share training metrics2. Transparency and Accountability:Create a Use-of-Force data report twice per year to be posted online Encourage statements on the sanctity of human life3. Civilian Oversight:Create an Advisory Board to the Chief of Police22ID#20‐1586, 10/5/20142
Direction and Next Steps•If Council wishes to create an Advisory Board to Chief of Police, the next steps would be to:oAdopt an enabling ordinance•Staff has drafted an ordinance (attached as Exhibit 5); consideration of the ordinance could be scheduled for the Oct. 13 or Oct. 20 City Council meeting •Staff recommends a 10-member board•7 citizen members; one appointment for each Council Member•1 member from Denton Police Department (lower than Asst. Chief rank)•1 member from Denton Police Officers Association•1 member from City Manager’s Office•Once established by ordinance, appointment process could beginoDevelop agendas and topics for the Advisory Board•After Board establishment and member appointment, first meeting could be held in January 2020•Provide background and begin a training series for the Board members on the Denton Police Department and use-of-force•List of topics for meetings may include the review of use-of-force complaints and data; training curriculum; any policy updates or amendments; review use-of-force demographic data23ID#20‐1586, 10/5/20143
Questions?24144
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ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 23 OF THE CITY
CODE – POLICE - TO ADD ARTICLE VI, SECTION 23-177, CREATING THE DENTON
POLICE DEPARTMENT CHIEF OF POLICE ADVISORY BOARD AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a high level of public trust in the Denton Police Department (DPD) is crucial to public
safety and the wellbeing of residents of Denton; as well as to the effective operations of DPD; and
WHEREAS, the United States experiences thousands of police use-of-force incidents annually,
resulting in death and injury to both officers and citizens; and
WHEREAS, the City of Denton cherishes the safety of its residents and understands that effective
policing must recognize the humanity and dignity of every person and strive to continually address
issues of equity in its policies and practices; and
WHEREAS, members of the City of Denton community have led demonstrations and protests to
express their concern that the use-of-force by police on persons of color across the United States
has been committed in a discriminatory and disproportionate manner that has resulted in injury or
death, and the desire to have such policies and practices of the Denton Police Department
reviewed; and
WHEREAS, by Resolution No. 20-1110, approved by the City Council on June 25, 2020, the
Mayor and City Council of the City of Denton supported the Mayor’s pledge to:
1) Review police use-of-force policies;
2) Engaging the community by including a diverse range of input, experiences, and stories
in the review;
3) Reporting the findings of the review to the community and seeking feedback; and
4) Reforming our community’s police use-of-force policies; and
WHEREAS, the Mayor and City Council created the Mayor’s Ad-Hoc Use of Force Committee
to review, gather community input, and establish clear findings, conclusions and achievable
recommendations that promote the use of best practices in the use-of-force policies and training
for the Denton Police Department; and
WHEREAS, the Ad-Hoc Use of Force Committee met on ten occasions between June 25, 2020
and September 24, 2020, including two public input sessions, and submitted its findings,
conclusions, and recommendations to the Mayor and City Council in a report dated October 5,
2020, attached hereto as Exhibit “A;” and
WHEREAS, the Ad-Hoc Use of Force Committee recommended that Civilian participation with
the Denton Police Department was warranted and recommended the creation of a Chief of Police
Advisory Board.
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NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: Although there is no finding that the Denton Police Department has used
force or engaged in policing against persons of color in a discriminatory and disproportionate
manner, the City Council finds that an advisory function within the Denton Police Department in
the form of a Chief of Police Advisory Board enhances public trust, transparency, and
accountability.
SECTION 3: Chapter 23 of the City of Denton Code of Ordinances – Police - is amended
to add Article VI, Section 23-177, creating the Denton Police Department Chief of Police Advisory
Board.
SECTION 4: Chapter 23 is amended to add Article VI, Section 23-177 to read:
ARTICLE VI: DENTON POLICE DEPARTMENT CHIEF OF POLICE
ADVISORY BOARD
§23-177-1 DEFINTIONS
(A) In this Chapter:
(1) BOARD means the Denton Police Department Chief of Police Advisory Board.
(2) CITY COUNCIL means the Mayor and the six (6) City Council Members.
(3) CONFIDENTIAL INFORMATION means any information that may not be
obtained by the public under the Texas Public Information Act. When
reviewing confidential information, the Police Department shall place
identifying marks on any confidential information.
(4) DEPARTMENT means the Denton Police Department.
(5) RESPONSE TO RESISTANCE is the Denton Police Department’s
terminology for a use of force to more accurately describe when an officer is
authorized to use force. This term includes but is not limited to the use of deadly
force and electronic control devices such as a TASER.
§23-177-2 CHIEF OF POLICE ADVISORY BOARD
The BOARD is an administrative body of the Denton Police Department.
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§23-177-3 PURPOSE
The purpose of the BOARD is to provide feedback, advice, and recommendations to the
Chief of Police on the following matters concerning the Denton Police Department:
(1) Response to Resistance/Use of Force policy and training, including emphasis on
understanding and de-escalating situations.
(2) Biased-Based Policing/Racial Profiling policy and training.
(3) Sustained complaints involving a Response to Resistance/Use of Force and
Biased-Based Policing/Racial Profiling.
(4) Review data and trends for Response to Resistance/Use of Force and Biased-
Based Policing/Racial Profiling.
(5) Mental Health, Diversity, and Inclusion of all segments of the community,
including persons with physical or intellectual disabilities, and LGBTQ
individuals.
(6) Training of Denton Police officers, particularly the areas in Parts 1, 2 and 5.
(7) Officer Mental Health.
(8) Policy review and development.
(9) Community Engagement, Open Communication, Transparency, and
Accountability.
(10) Any other matter that the Chief of Police seeks the BOARD’s input.
§23-177-4 ACCESS TO POLICE DEPARTMENT RECORDS
(A) The Chief of Police has the authority and discretion to allow BOARD member access
to DEPARTMENT records necessary for the BOARD to carry out its stated
purpose. This does not include information that is made confidential by Texas Local
Government Code Chapter 143.089(g) unless such access is granted by a legislative
change to Chapter 143.089(g) or through the Meet and Confer Process.
(B) The Chief of Police shall support the mission of the BOARD and provide it with the
resources necessary to carry out its stated purpose, including a designated liaison.
(C) If requested by the BOARD, the Chief of Police shall provide Technical Advisors
related to the issue being discussed.
(D) The City of Denton City Attorney’s Office shall provide legal advice to the Board
as needed.
§23-177-5 COMPOSITION
The BOARD shall be comprised of ten (10) individuals selected as follows:
(A) Seven (7) Citizen Members: Each member of the City Council shall appoint a
member to the BOARD.
(B) The remaining members shall be appointed by the City Manager as follows:
a. One officer of the DEPARTMENT at the rank of Assistant Chief or below.
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b. One member from the Denton Police Officers Association.
c. One member from the City Manager’s Office.
(C) To the extent possible, it is the Council’s desire that the citizen membership of the
BOARD reflect the diversity of the Denton community.
(D) The BOARD shall select a chairperson.
(E) BOARD members shall serve two-year terms.
(F) BOARD members shall serve no more than three consecutive terms.
(G) Citizen BOARD members shall not be compensated for their service.
§23-177-6 QUALFICATIONS TO SERVE
Citizens appointed to the BOARD must meet the following qualifications:
(1) Be a resident of the City of Denton.
(2) Be at least 18 years of age.
(3) Not currently be an employee of the City of Denton or hold an elected office for the
City of Denton.
(4) Not currently employed by or a retired employee of a law enforcement agency
(local, county, state, tribal, or federal) or have an immediate family member
currently employed by a law enforcement agency.
(5) Have no pending litigation against the City of Denton or any of its employees, or
any financial interest in pending litigation against the City.
(6) Have no felony convictions or pending felony indictment.
(7) Have no convictions for Class A or B misdemeanor within the past five (5) years or
charges pending in any court.
(8) Must attend required training and meetings of the BOARD, either in person or
through electronic medium.
(a) The Police Chief shall determine the training curriculum required for
BOARD members to serve, which may include attending the Citizen Police
Academy.
§23-177-7 REMOVAL
(A) Pursuant to Article XIV, Section 14.16 of the City of Denton Charter, citizens
appointed to the BOARD by the Council shall serve at the pleasure of the Council.
Members of the BOARD may be removed by the Council only for cause and only
after being given notice by the Council.
(1) If a BOARD member resigns, is removed, or is disqualified, the City Manager
shall request another appointee from the Council Member who made the
initial appointment.
(2) There is no appeal process or administrative hearing for a BOARD member
that is removed by the Council.
(B) Members of the BOARD that are appointed by the City Manager pursuant to §23-
177-5(B)(a-c) are subject to removal by the City Manager for cause and only after
being given notice by the Manager.
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(1) If a BOARD member resigns, is removed, or is disqualified, the City
Manager shall appoint a new member.
(2) There is no appeal process or administrative hearing for a BOARD member
that is removed by the City Manager.
(C) Pursuant to the City of Denton Code of Ordinances, Article III, §2-63, should a
BOARD member cease to meet the qualifications prescribed in §23-177-6, if
applicable, or should such member be convicted of a felony during their term of
service, such failure or conviction, as the case may be, shall be cause for
removal.
§23-177-8 MEETINGS
(A) The BOARD shall meet at least quarterly.
(B) The Chairperson of the BOARD may call a meeting as necessary to conduct
business.
(C) Not only is a quorum of the entire BOARD required to conduct business, to ensure
citizen representation, at least four (4) of the seven (7) citizen members must be
present (either in person or virtually) for the BOARD to conduct business.
(D) The Chief of Police shall be responsible for developing the specific processes,
Procedures, and conduct of the BOARD consistent with its stated purpose.
(E) In its Advisory function, the BOARD is not subject to the Open Meetings Act.
(F) The DEPARTMENT’S liaison to the BOARD shall be responsible for keeping and
maintaining all records of the BOARD, which shall be maintained and retained as
required by State Law.
§23-177-9 BOARD RECOMMENDATIONS
(A) The BOARD has the authority to make non-binding recommendations to the Chief
of Police on the issues cited in §23-177-3.
(B) At the conclusion of a meeting, the BOARD recommendations, if any, shall be
reduced to writing.
(C) The Chief of Police shall endeavor to respond to all BOARD recommendations
within twenty (20) calendar days of receipt of the recommendation.
(D) The Chief’s Response shall state whether he agrees with the recommendation, and
if not, why not.
(E) Documents created by the BOARD, including its recommendations to the Chief of
Police and the Chief’s response, are subject to disclosure under the Texas Public
Information Act to the extent allowed by law.
§23-177-10 PUBLIC STATEMENTS REGARDING THE BOARD’S ROLE
At least once a year, the Chief of Police shall:
(1) Create a report for public release that describes the role of the BOARD and its work,
including its recommendations, the Chief’s response, and recommendations
implemented by the Chief; and
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(2) Provide the City Council with a public briefing of the contents of the report cited in
Part (1).
§23-177-11 AUTHORITY GRANTED TO THE CHIEF OF POLICE AND CITY
MANAGER
Since it is impossible to consider every scenario that may arise related to the scope and
function of the BOARD, the City Manager and the Chief of Police are granted the authority
to interpret and apply this Ordinance without further Council action provided they do so
consistent with the Council’s stated intent and purpose for creating this BOARD.
SECTION 5: This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by __________________________ and
seconded by _________________________________; this Ordinance was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the ______ day of ______________________, 2020.
_______________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
150
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-2016,Version:1
AGENDA CAPTION
Consultation with Attorneys under Texas Government Code Section 551.071.
Discuss,deliberate,receive information from staff,and provide staff with direction pertaining to the findings,
conclusions,and recommendations of the Mayor’s Ad-Hoc Use of Force Committee,where a public
discussions of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and
the Denton City Council under the Texas Disciplinary Rules of Professional Conduct or of the State Bar of
Texas, or would jeopardize the City’s legal position in negotiations or potential litigation.
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