HomeMy WebLinkAboutProtest Recommendations Memo to Captain CollinMemorandum
Police Department
Date: December 10, 2020
To: Brad Collins, Captain
From: Sam Rowland, Lieutenant
Subject: Governor’s Protest Recommendations
Throughout 2020, there have been significant increases in the number of protests held
nationally, regionally, and locally. As a result, the Governor commissioned a study to
come up with recommendations for facilitating peaceful protests and demonstrations by
community members. I reviewed the Governor’s recommendations and the findings of
the study. The Governor’s recommendations as well as a plan for implementation and
adoption by the Fairfield Police Department are listed below. Related to general use of
force, Lexipol Policy and ongoing Department training reflecting California’s new use of
force laws, AB 392 and SB 230, are currently under review to ensure legal and 2020
POST Use of Force Standards and Guidelines compliance by Lt. Jacobsen.
1.) Coordination and Communication:
Police should communicate clearly with assembled civilians, ideally before
demonstrations have started, but also during, in the service of maintaining safety. Law-
enforcement agencies should work to establish and keep open lines of communication
with protest organizers when possible. They should also reinforce expectations and
values with partnering agencies in mutual aid relationships to promote consistent
practices.”
FPD Recommendation:
Modify Lexipol Policy 475; add language to address in groups that do not wish to
communicate with the police department, consider adding language to include being
sensitive to protesters space and add language to include social media intelligence
gathering. The considerations above should be included in the mobile field force
training doctrine. Currently Policy 475.5.1 INFORMATION GATHERING AND
Memo to Captain Collins
Re: Governor’s Protest Recommendations
December 10, 2020
2
ASSESSMENT covers the first clause of the Governor’s recommendation. Policy
475.5.3 MUTUAL AID AND EXTERNAL RESOURCES could be expanded to include
the second clause of, “reinforce expectations and values with partnering agencies in
mutual aid relationships to promote consistent practices.”
Current FPD Lexipol policy refers to protests in the Law Enforcement Code of Ethics
and Canons, “Peace officer shall maintain a neutral position with regard to the merits of
any labor dispute, pollical protest, or other public demonstration, while acting in an
official capacity,” and, “Canon Five: Peace officers shall recognize that our society holds
the freedom of the individual as a paramount precept that shall not be infringed upon
without just, legal and necessary cause.”
2.) Avoiding Unnecessary Enforcement:
During protests and demonstrations, enforcement of low-level offenses or imposing
unnecessary constraints on movement can spark avoidable conflict. Enforcement
should target those who are causing harm in order to avoid disrupting the first
amendment rights of other participants.”
FPD Recommendation:
Adopt into future Protest and Demonstrations Policy. Consider adding language to
policy or training curriculum that includes best practices for enforcement activity and
arrests in crowd or protest situations. Include the use of technology and identifying
suspects for contact or investigative follow up at a later time. Lexipol Policy 475.3
GENERAL CONSIDERATIONS acknowledges low-level offenses, as well as having
adaptable and strategies and tactics.” Lexipol Policy 475.6 acknowledges that
peaceful and non-violent demonstrations should generally be monitored.” Additional
language could be added to Lexipol Policy 475 to specifically address discretion and
thoughtful consideration of enforcement of low-level offenses.
3.) Minimizing Militarization:
Militaristic presence (e.g., with armored vehicles, combat style helmets or weapons)
can be counterproductive and threatening to peaceful protesters and may insight or
escalate conflict.”
FPD Recommendation:
Consider adding the above language to Lexipol Policy 475 GENERAL
CONSIDERATIONS. Include language that recommends react teams, arrest teams,
command post, armored vehicles, and other enforcement officer remain out of view.
Include language that recommends the use of technology to monitor protest. Include
language that discourages the use of undercover officers within the protest group.
Include in mobile field force training doctrine.
4.) Minimizing Use of Weapons:
Deploying weapons, including kinetic impact projectiles and chemical irritants, can, in
addition to causing injuries and even death, rapidly escalate conflict, and they should be
Memo to Captain Collins
Re: Governor’s Protest Recommendations
December 10, 2020
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used as a last resort to protect life and repel assaults when other means have been
exhausted.”
FPD Recommendation:
Consider language changes to existing policy to adapt to the “last resort to protect life
and repel assaults when other means have been exhausted,” clause of this
recommendation. Another option is to include this type of language in the mobile Field
force policy and training doctrine. Current “tear gas” use is defined in Lexipol Policy
308.6 TEAR GAS GUIDELINES and indicates that, “tear gas may be used for crowd
control, crowd dispersal or against barricaded suspects based on the circumstances.”
The responsibility for deployment or non-deployment is held by the Watch Commander,
Incident Commander or Crisis Response Unit Commander. “Tear gas” could be
changed or defined as CS gas as that is the only chemical irritant munition currently
used by this department outside of OC spray and OC PepperBall projectiles.
Overall FPD Recommendations and Action Items:
There are no significant policy changes required at this time. The overall theme of the
Governor’s recommendations and supporting documentation are in line with current
FPD practice. In order to clarify our training and operational philosophies, it is
recommended that clarifying language be added to existing Lexipol Policy.
Consideration should be given to the use of chemical irritants for crowd control
purposes.
The use of intelligence gathering techniques may be included in policy.
The use of UAV‘s and other pieces of technology should be included.
Mindset and case law training should be provided on a semi-annual basis to the
mobile field force team.
A balanced approach to de-escalation during crowd control events should be
included in the Mobile Field Force Lexipol Policy. This includes adopting the best
practices outlined above, as well as pre-protest communications. De-escalation
should be balanced with protecting he lives in property of other community
members affected by protests.
Fairfield Police Department “core values“ as related to protest management
should be included in operations orders. Operations orders for protests and
demonstrations should reflect those values or the above-listed recommendations
in their narratives.
I recommend an additional panel review with draft polices as well as City
Attorney review prior to implementation of any recommendations.
Memo to Captain Collins
Re: Governor’s Protest Recommendations
December 10, 2020
4
ATTACHEMENTS:
Lexipol Policy 308.6 – Tear Gas Guidelines
Lexipol Policy 411 – Mobile Field Force
Lexipol Policy 475 – First Amendment Assemblies
Governor’s Recommendations
Sample Operations Order