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CITIZENS ADVISORY COMMITTEE SHERIFF JOHN W. MINA Mr. Allie Braswell Jr. Chair August 28, 2020 Mr. T. Mark Bassett Co-Chair Ms. Jean Sandor TO: Sheriff John W. Mina FROM: Citizens Advisory Committee Mr. Jay Smith SUBJECT: Use of Force Recommendations Pastor Sharon Riley Mr. Russell Kilgore Mr. Scott Boyd Ms. Patricia Rumph Dear Sheriff Mina: Ms. G. Denise Lewis On June 9, 2020, you charged your Citizens Advisory Committee with reviewing the Orange County Sheriff's Office's (OCSO) policies and procedures as it relates to the use of force. You directed the committee to submit recommendations based on the review of in-depth research on current operations, policies, and training in order to ensure OCSO was presently following best practices within the law enforcement community. In an abundance of caution, due to the COVID-19 Pandemic, social distancing guidelines were followed and the decision was made to conduct the meetings virtually via both the WebEx and the Zoom platforms. During the review process, the committee participated in multiple question and answer sessions in which the Training Section, Captain Todd Gardiner, and the Professional Standards Section, Captain Carlos Espinosa participated and provided invaluable insight and clarification on both training and the disciplinary process. Orange County citizens were afforded the opportunity to provide their thoughts and opinions. These were submitted via email and read into the record in accordance with Florida Sunshine laws during the Public Comment portion of the meetings agenda. All meeting dates were announced via the OCSO website and various social media platforms. During this process, multiple policies and procedures were discussed and analyzed to include: • OCSO General Orders and Legal Bulletins OCSO Use of Force Annual Statistical Reports OCSO Professional Standards Annual Statistical Report President Executive Order 13929: Safe Policing for Safe Communities • OCSO Training Lesson Plans • . OCSO Early Identification System Agency forms associated with Use of Force Citizens Advisory Committee Recommendation Letter August 28, 2020 Page 2 After a thorough review and many hours of independent study, the Sheriff's Citizens Advisory Committee voted to recommend the following: Recommendation number 1: The agency should provide a definition of a chokehold and/or lateral vascular neck restraint and clarify in policy, if and when chokeholds are permitted. Recommendation number 2: Presently, there exists language within the Legal Bulletin 2011-17 "Excessive Force - Civil Liability for Failing to Intervene" pertaining to the duty to intervene. This language should be placed within the Use of Force policy directly. The policy should clearly convey: a. the requirements of deputies to intervene b. when encountering unreasonable actions of other employees or public safety/criminal justice associates that could result in injury, death or violations of constitutional or civil rights, intervention must be immediate c. the notification of supervisory personnel when another law enforcement officer's conduct is in violation of department policy and/or state and federal laws d. Change policy from the current language of, "Deputies have a duty to intervene if they anticipate or observe the unreasonable, unnecessary or disproportionate use of force" to read "Deputies have a duty to intervene based on observations of behavior and/or actions which could result in the unreasonable, unnecessary or disproportionate use of force." Recommendation number 3: The agency should add de-escalation strategies into training, in an effort to reduce the need for the application of force, when safe and feasible. These techniques should be documented within policy. a. Move de-escalation strategies to the beginning of the policy b. Use of force tactics should cease once a subject is under control and/or compliant with deputies c. Training on de-escalation techniques should be reinforced in the Field Training and Evaluation Program (FTEP), annual block and periodic training exercises Recommendation number 4: Review the Use of Force Matrix (cheat sheet) to include any recommendations made by the committee a. Place poster sized prints of the matrix in all training classrooms as a constant reminder b. Issue a copy of the matrix to all deputies Respectfully Submitted, Bell Allie Braswell Jr., Chair Odso Citizens Advisory Commfittee