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FPD Press Conference issued 11-17-2016

Press Conference by Chief Kevin Treadway
January 4, 2017 at 4:30 P.M.

Thank you for this opportunity. First, let me say that in addition to today’s rather lengthy prepared statement which you all have a copy of, the Flagstaff Police Department intends to post copies of this investigation to the FPD Transparency web site immediately following today’s press conference. I am confident that all of your questions regarding this investigation and what has transpired will be answered in those documents.

Again, thank you for this opportunity to provide an update on an incident that occurred on November 16th, with Officer Bonar of the Flagstaff Police Department. On that date, Officer Bonar arrested Marissa Morris for aggravated assault and resisting arrest following a stop and detention he made regarding warrants he believed she had at that time. During this detention, a struggle occurred. Acquaintances of Marissa began filming the encounter, and a video of the incident was recorded showing Bonar striking Miss Morris in the face. This video was released later that day on social media. The warrants Bonar originally contacted her for were later found to have been served on October 18th, 2016. Marissa was booked that day for aggravated assault and resisting arrest. Upon learning of the video and what it depicted, the Flagstaff Police Department immediately suspended Officer Bonar and he has been on administrative leave since that time. An Internal Affairs investigation and separate criminal investigation was launched immediately.

I. In Today’s statement, I will be referring to findings solely related to the administrative investigation performed by the Flagstaff Police Department. The Northern Arizona University Police Department has been conducting the criminal investigation into possible assault charges on Officer Bonar. Additionally, a criminal investigator with the Coconino County Sheriff’s Office has been reviewing the initial investigation plus any additional investigation performed by NAUPD in order to determine any recommended criminal charges on Miss Morris from this incident. The criminal case investigated by the NAU Police Department against Officer Bonar’s actions has been submitted to the Coconino County Attorney’s Office for review. They have conflicted this case and have sent it to the Mohave County Attorney’s Office. We have not received the findings from that review at this time. The charges against Miss Morris once again have been reviewed and prepared by the Coconino County Sheriff’s Office and have also been submitted to the Coconino County Attorney for review. We have no update on this review either. The Flagstaff Police Department has not formally filed charges on Miss Morris from the arrest by Officer Bonar because additional information into this matter was being gathered and we felt that it was only ethical that we include this additional information before the case on Miss Morris was formally charged. As NAUPD is acting on Miss Morris’s behalf as a potential victim of a crime, it made no sense that they also review the case for formal charging against her, thus the request was made for CCSO to conduct that review.

II. I appreciate the patience shown by my community during the course of these investigations. The investigations have taken longer than expected due largely to delays in meeting with witnesses in order to conduct interviews. This was out of our control. We have also been very careful to assure that the rights of all parties involved have been protected. I have served this community for thirty years as a law enforcement officer, and consider this to be one of my chief responsibilities. By way of explanation, the administrative investigation conducted by the Flagstaff Police Department and NAUPD are parallel but separate investigations. All information gathered by NAUPD can be used by the Flagstaff Police Department in the administrative investigation, however information gathered in the administrative investigation by Flagstaff PD cannot be shared. This is because we compel statements from the Officer in our investigation. Peace officers are citizens of the United States and are afforded the same rights as any other citizen. Because we compel our employees to provide us statements, these statements, by law, cannot be shared when a criminal investigation is also being conducted. Officer Bonar participated with both investigations, providing statements to both the criminal and administrative investigators. Today’s remarks will be limited to those statements he provided to NAUPD in the criminal investigation in order to continue to protect the rights afforded to him in the compelled statements collected in the administrative investigation. Officer Bonar also has rights under the Peace Officer Bill of Rights found under Arizona Revised Statutes 38-1101 through 38-1112. These rights govern the way we must conduct the internal investigation.

III. The administrative investigation reviewed several possible policy violations on the part of Officer Bonar, and we reviewed carefully the level of force and reasonableness used in this encounter. The criteria used in determining findings in this investigation are the policies, rules and regulations of the Flagstaff Police Department and supporting case law.

IV. On November 16th, 2016, at the time Officer Bonar contacted Miss Morris, he possessed information that led him to believe she had two warrants. This information was derived from an incident he was involved in on October 18th, which is documented in a report with the Flagstaff PD. He saw a photograph of Miss Morris on October 18th, and on November 16th, after being called to assist CCSO Deputy Winchester with an eviction, he recognized Miss Morris as he was preparing to leave the scene. Officer Bonar approached her, advised he thought she had a warrant, and asked to speak further with her. According to Bonar and others, Miss Morris stated she did not have warrants and walked away. Bonar grabbed Miss Morris, and for a short time they began struggling. During this interaction Bonar states she kneed him in the groin. This was not captured on the video recording later shared on social media.

V. In Officer Bonar’s initial contact, he was acting in good faith on the reasonable belief that Miss Morris had warrants for her arrest that were still valid. The law allows officers to make stops and brief detentions in the effort to further investigate possible criminal activity. Bonar could not recall Miss Morris’s name or date of birth, and was attempting to detain her in order to obtain this information and run her through the computer in order to determine if the warrants were valid and confirmed.

A. I believe both parties, Miss Morris and Officer Bonar had options in this incident.

1. Miss Morris could have complied with Officer Bonar’s lawful request to stop, provide her name and DOB. She was informed that Officer Bonar thought she had warrants. She would have been run in the computer, the warrants determined to have been cleared, and in a relatively short time period she would have been released.

2. Miss Morris had no right under the law to resist this lawful detention.

3. On Officer Bonar’s part, he could have pursued other options to determine Miss Morris’s name, and perhaps run her before making contact, especially since his information on the warrants was dated. The findings that the warrants had been cleared would have eliminated the need for contact. Bonar also could have dis-engaged at any time in order to conduct further follow up, especially when Miss Morris and several others were indicating she did not have a warrant. He also could have done a better job of verbally de-escalating this situation. The Flagstaff Police Department promotes de-escalation techniques and these measures were certainly an option for Officer Bonar.

VI. Our administrative investigation reviewed several possible policy violations on Officer Bonar and very generally, I will share those we have sustained.

A. We have sustained policy violations of unreasonable and excessive force by Officer Bonar. The level of resistance by Miss Morris during this incident did not warrant the head strikes used by Officer Bonar.

B. As a part of our administrative investigation we also reviewed our policy governing the use of the body camera. It is clear that Officer Bonar’s body camera was not activated when he approached Miss Morris. According to our policies, this is a violation. As a Chief who brought body cameras to this department and community, I understand the importance of the proper use of this technology. I have said many times however, that just because an encounter is not on body camera, does not automatically conclude an officer is not telling the truth. I have also advocated for an understanding in those rare occasions where an officer during immediate exigency is confronting a life-threatening situation where they need to pay more attention to a violent subject or the incident than to the activation of the camera. I never want to attend the funeral of an officer because they were more concerned with turning on the camera than being aware of their surroundings in those relatively rare situations. There are continuing advancements in this technology and I am confident there will be a day where manual activation of the camera will be a thing of the past. In the meantime, I will continue to insist that our officers adhere to our policies regarding the body cameras. In this situation, Officer Bonar shut off his camera after arriving to consult with Deputy Winchester. This is allowable under our policy. He then failed to re-activate the camera when he and Deputy Winchester contacted individuals related to the eviction and again when Bonar approached Miss Morris. I find no excuse for him not activating his camera and it is a clear violation of our policies.

VII. As a part of the disciplinary policies of the City of Flagstaff, my command staff reviews violations of policy and forwards to me a recommendation for discipline. In this case, their recommendation was for termination. On December 27, 2016, Mr. Bonar was informed in writing of a notice of recommendation for termination and a pre-determination hearing was scheduled with me this afternoon. At this meeting, Mr. Bonar would have been afforded the opportunity to present his views on the findings to me. I would have taken his presentation under advisement and then would have made a final determination on the discipline. At 9:30 this morning, before the scheduled pre-determination hearing, Officer Bonar tendered his resignation effective immediately. In the City of Flagstaff Personnel policies and according to due process, an employee has a right to voluntarily resign at any time prior to a pre-determination meeting and the resignation was accepted.

The Flagstaff Police Department has concluded its administrative review and findings regarding Mr. Bonar’s actions. I have read this report and its findings. I am confident in the thoroughness and accuracy of that investigation. This investigation will remain on file as a matter of record with our office. Additionally, we have a professional and ethical obligation to report Mr. Bonar’s separation from our Department and our investigation to the AZ Peace Officer Standards and Training Office, also known as POST. POST is the Office governing the certification of Peace officers in the State of AZ. We will cooperate fully with the POST Board in any review they deem necessary in this case.

A.)Mr. Bonar’s actions in this case are not consistent with the culture of our fine agency, our training, our mission, our Oath of Office, our values and our policies. We remain as always committed to professional policing, and Mr. Bonar’s conduct is not reflective of the way we police in this community. I understand that the public confers legitimacy only on those whom they believe are acting in procedurally just ways.

B.)As promised, reports pertaining to this investigation will be posted to the website we created which is found at http://fpdtransparency.com Those reports will include the investigations conducted by both the Northern AZ Police Department, the Coconino County Sheriff’s Office and our own administrative investigation. There will be a few sections of our investigation redacted once again to protect Mr. Bonar’s rights and to adhere to our requirements under the Peace Officer Bill of Rights found under ARS 38-1101 through 38-1112.

VIII. I want to also assure my community that our Department works hard to police professionally and prevent isolated incidents like this from occurring. The Flagstaff Police Department conducts full and complete background investigations on all officers hired and we maintain very high standards. We have best practice policies, and train regularly on the application of those policies.

IX. I will conclude by thanking the Northern AZ University Police Department and the Coconino County Sheriff’s Office for their professionalism and assistance. As a law enforcement professional I understand we must enhance the trust between the police and the communities we are privileged to serve. As law enforcement professionals we have the responsibility to do what is right, and we are expected to get it right every time. This is a sad case where trust between the police and community was impacted and a law enforcement career ended early, but the incident is not reflective of the professional hard working people of my agency or the high standards this department sets for professional policing in our community. I would like to thank the citizens of the City of Flagstaff for their patience with this process, their understanding of the rights of all involved and their continued support for our officers.

X. I will entertain a few questions but may likely refer you to the large number of reports we are posting for sake of accuracy.

Thank you.

Kevin Treadway, Chief, Flagstaff Police Department

County Attorney Review of Officer Involved Shooting

To view the County Attorney Review of the Shooting of Sean Brady by the Flagstaff Police Department Officers on October 12, 2017 please select the link below.

County Attorney Review

FPD Press Conference issued 11-17-2016

The Flagstaff Police Department held a press conference at the Law Enforcement Administrative Facility (LEAF) located at 911 E. Sawmill Rd. in Flagstaff, AZ in the Chief Cooper Memorial Auditorium at 10:30 AM today. This press conference was in reference to the incident that occurred on 11-16-16 and the video representation posted on media.d more by highlighting part of me and selecting the options from the toolbar.

Flagstaff Police Department Media Release 4
Issued 11-17-2016

Flagstaff Police Department

MEDIA RELEASE

Contact: Sgt. Cory C. Runge (928) 556-2300

The Flagstaff Police Department has created a web page at http://fpdtransparency.com. The site is now up and able to be accessed. This site contains Officer Bonar’s report, body camera footage, pertinent policies, and media releases. It is noted that Office Bonar initially activated his camera when he arrived. He deactivates his camera once he is told by the deputies that his assistance is no longer needed and he is in the process of getting into his car. He then notices Ms. Morris and makes contact with her. He does not immediately activate his camera upon initial contact as the contact quickly escalated. Officer Bonar does activate his camera once Ms. Morris is placed in handcuffs. Officer Bonar’s failure to activate the camera prior to the incident will also be addressed during the internal affairs investigation into his actions on November 16, 2016.

Flagstaff Police Department Media Release 4 issued 11-28-16

Flagstaff Police Department -MEDIA RELEASE

Contact: Sgt. Cory C. Runge (928) 556-2300

The Flagstaff Police Department (FPD) would like to thank our community for the patience and support they have shown as we continue to investigate the incident involving Officer Jeff Bonar and Ms. Marissa Morris. During the days since this incident occurred the Northern Arizona University Police Department (NAUPD) has diligently continued to investigate the officer for any crimes that may have been committed. They are conducting the investigation as quickly as possible while respecting the constraints imposed by due process. The Flagstaff Police Department understands the importance of providing a timely disposition to the case while also conducting a thorough internal investigation and respecting the rights of all parties involved.

Since the investigation began, staff has reviewed all available video footage from the cell phone and body cameras. Investigators have worked diligently following up on all evidence and leads. They have also conducted and/or attempted to conduct in excess of 10 interviews with victims, suspects and witnesses. At this time interviews are still being conducted.

Officer Bonar is on administrative leave and it is important to note that this administrative leave is not a disciplinary action. This step was taken to protect both the public and the officer while the investigation is being conducted. It is also important to note that although we have seen a segment of the incident through video footage we will not have a complete picture of the incident until all interviews are completed and both the criminal and the internal investigations are complete.

Throughout this investigation we will be required to recognize and follow the stipulations set forth in Arizona Revised Statutes 38-1104 and follow the policies and procedures for the City of Flagstaff and the Flagstaff Police Department. Finally, after much consideration, the Flagstaff Police Department has determined that the responsible course of action is to submit the case against Ms. Marissa Morris to the County Attorney’s Office after the criminal investigation on Officer Bonar has concluded. This is common practice for any criminal investigation, and provides the County Attorney’s Office with all evidence available for them to make a charging decision.

For more information in reference to the investigative process and the boundaries of both the internal affairs and criminal investigations refer to the Officers’ Bill of Rights listed in Arizona Revised Statutes (ARS) 38-1101 through 38-1109, City of Flagstaff policies and procedures, and Flagstaff Police Department’s policies and procedures. Many of these policies and procedures can be found by accessing http://fpdtransparency.com/.

More information may be released as this investigation progresses.

Internal Affairs Investigation Report IA 2016-0009

Notice of Recommendation Memo

Flagstaff Police Department Internal Affairs Investigation 2016-0009 Report
& Notice of Recommendation Memo

To review this report please click on the linkin the brown box. If you have a gmail account, please sign in to view. If you do not have a gmail account the report will open up in a web browser.

Northern Arizona University Police Report

To review this report please click on the link below. If you have a gmail account, please sign in to view. If you do not have a gmail account the report will open up in a web browser.

N16-01333

Coconino County Sheriff Report

To review this report please click on the link below. If you have a gmail account, please sign in to view. If you do not have a gmail account the report will open up in a web browser.

S16-04399

Critical Incident Video P16-17278

Part 5

This fifth Video is of Sgt. Bentzen arriving on scene

Part 6

This sixth video is of Sgt. Bentzen on Scene

Critical Incident Video P16-17278 Part 4

This fourth video is of Officer Walch responding to this a back up officer. Be advised this video has been redacted during the first 4 minutes and 33 seconds due to Office Wach being at another call not related to this incident.

Critical Incident Video P16-17278 part 3

This third video is of Officer Bonar at the Jail. Some of the video is redacted as it shows subjects not involved in the incident. The portion has been redacted to protect their identity. The video is 2 minutes and 34 seconds

Critical Incident Video P16-17278 part 1

This first video is of Officer Bonar arriving on scene to assist Coconino County Sheriffs Department on a eviction notice. The video lasts only 2 minutes and 30 seconds

Video Posted of Social Media on 11-17-2016

This is the video captured by a civilian at the time of the incident. This video has been posted on social media and youtube.

Critical Incident Video P16-17278 part 2

This second video begins after the incident has occurred and Moris is already in handcuffs. Officer Bonar then transported her to the Coconino County Jail. The video is 24 minutes and 17 seconds

P16-17228 Communications

Radio Traffic from 11-16-2016 - includes traffic from police and sheriff.

Flagstaff Police Department Media Release 1 issued 11-16-2016

Flagstaff Police Department

MEDIA RELEASE

Contact: Sgt. Cory C. Runge (928) 556-2300

On 11-16-16, at approximately 7:30 PM, the Flagstaff Police Department became aware of a Facebook video post of a Flagstaff Police Officer involved in the arrest of an adult female earlier this afternoon. During the arrest the female, who appears somewhat uncooperative was struck in the face by the officer. Our agency is very concerned by what is depicted in this video. We are immediately initiating an internal investigation into this incident.

Further details will be released as the investigation progresses.

Sgt. Cory Runge, Flagstaff Police Department, 556-2300.

Learn More

Flagstaff Police Department Media Release 2 issued 11-17-2016

Flagstaff Police Department

MEDIA RELEASE

Contact: Sgt. Cory C. Runge (928) 556-2300

The officer has been identified as Officer Jeff Bonar. He has been placed on administrative leave. An internal affairs investigation is being initiated.

Further details will be released as the investigation progresses.

Sgt. Cory Runge, Flagstaff Police Department, 556-2300.

Learn More

Flagstaff Police Department Media Release 3 issued 11-17-2016

Flagstaff Police Department

MEDIA RELEASE

Contact: Sgt. Cory C. Runge (928) 556-2300

The Flagstaff Police Department will be holding a press conference at the Law Enforcement Administrative Facility (LEAF) located at 911 E. Sawmill Rd. in Flagstaff, AZ in the Chief Cooper Memorial Auditorium at 10:30 AM today. This press conference will be in reference to the incident that occurred on 11-16-16 and the video representation posted on media.

Policy 1020

Policy

1020

Flagstaff Police Department

Policy Manual

Published with permission by Flagstaff Police Department

Personnel Complaints - 1

Personnel Complaints

1020.1 PURPOSE AND SCOPE

This policy provides guidelines for the reporting, investigation and disposition of complaints

regarding the conduct of members of the Flagstaff Police Department. This policy shall not

apply to any questioning, counseling, instruction, informal verbal admonishment or other routine

or unplanned contact of a member in the normal course of duty, by a supervisor or any other

member, nor shall this policy apply to a criminal investigation.

1020.2 POLICY

The Flagstaff Police Department takes seriously all complaints regarding the service provided by

the Department and the conduct of its members.

The Department will accept and address all complaints of misconduct in accordance with this

policy and applicable federal, state and local law, municipal and county rules.

It is also the policy of this department to ensure that the community can report misconduct without

concern for reprisal or retaliation.

1020.3 PERSONNEL COMPLAINTS

Personnel complaints include any allegation of misconduct or improper job performance that, if

true, would constitute a violation of department policy or of federal, state or local law, policy or

rule. Personnel complaints may be generated internally or by the public.

Inquiries about conduct or performance that, if true, would not violate department policy or federal,

state or local law, policy or rule may be handled informally by a supervisor and shall not be

considered a personnel complaint. Such inquiries generally include clarification regarding policy,

procedures or the response to specific incidents by the Department.

1020.3.1 COMPLAINT CLASSIFICATIONS

Personnel complaints shall be classified in one of the following categories:

Informal - A matter in which the Shift Sergeant is satisfied that appropriate action has been taken

by a supervisor of rank greater than the accused member.

Formal - A matter in which a supervisor determines that further action is warranted. Such

complaints may be investigated by a supervisor of rank greater than the accused member or

referred to the Professional Standards Unit, depending on the seriousness and complexity of the

investigation.

Incomplete - A matter in which the complaining party either refuses to cooperate or becomes

unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or

the Professional Standards Unit, such matters may be further investigated

Flagstaff Police Department

Policy Manual

Personnel Complaints

Published with permission by Flagstaff Police Department

Personnel Complaints - 2

1020.3.2 SOURCES OF COMPLAINTS

The following applies to the source of complaints:

(a) Individuals from the public may make complaints in any form, including in writing, by email,

in person or by telephone.

(b) Any department member becoming aware of alleged misconduct shall immediately notify

a supervisor.

source alleging misconduct that, if true, could result in disciplinary action.

(d) Anonymous and third-party complaints should be accepted and investigated to the extent

that sufficient information is provided.

(e) Tort claims and lawsuits may generate a personnel complaint.

1020.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS

1020.4.1 COMPLAINT FORMS

Personnel complaint forms will be maintained in a clearly visible location in the public area of

the police facility and be accessible through the department website. Forms may also be available

at other City facilities.

Personnel complaint forms in languages other than English may also be provided, as determined

necessary or practicable.

1020.4.2 ACCEPTANCE

All complaints will be courteously accepted by any department member and promptly given to

the appropriate supervisor. Although written complaints are preferred, a complaint may also be

filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If

a supervisor is not immediately available to take an oral complaint, the receiving member shall

obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,

upon contact with the complainant, shall complete and submit a complaint form as appropriate.

Although not required, complainants should be encouraged to file complaints in person so that

proper identification, signatures, photographs or physical evidence may be obtained as necessary.

1020.5 DOCUMENTATION

Supervisors shall ensure that all formal and informal complaints are documented on a complaint

form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.

All complaints and inquiries should also be documented in a log that records and tracks complaints.

The log shall include the nature of the complaint and the actions taken to address the complaint.

On an annual basis, the Department should audit the log and send an audit report to the Chief

of Police or the authorized designee.

1020.6 ADMINISTRATIVE INVESTIGATIONS

Allegations of misconduct will be administratively investigated as follows.

Flagstaff Police Department

Policy Manual

Personnel Complaints

Published with permission by Flagstaff Police Department

Personnel Complaints - 3

1020.6.1 SUPERVISOR RESPONSIBILITIES

In general, the primary responsibility for the investigation of a personnel complaint shall rest with

the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor

is the ultimate decision-maker regarding disciplinary action or has any personal involvement

regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that

another supervisor investigate any complaint.

A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent

aggravation of the situation.

The responsibilities of supervisors include, but are not limited to:

(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is

completed.

1. The original complaint form will be directed to the Shift Sergeant of the accused

member, via the chain of command, who will take appropriate action and/or

determine who will have responsibility for the investigation.

2. In circumstances where the integrity of the investigation could be jeopardized by

reducing the complaint to writing or where the confidentiality of a complainant

is at issue, a supervisor shall orally report the matter to the member's Division

Commander or the Chief of Police, who will initiate appropriate action.

(b) Responding to all complaints in a courteous and professional manner.

1. Follow-up contact with the complainant should be made within 24 hours of

the Department receiving the complaint.

2. If the matter is resolved and no further action is required, the supervisor will note the

resolution on a complaint form and forward the form to the Shift Sergeant.

(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature,

the Shift Sergeant and Chief of Police are notified via the chain of command as soon as

practicable.

(e) Promptly contacting the Department of Human Resources and the Shift Sergeant for

direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic

or other forms of prohibited harassment or discrimination.

(f) Forwarding unresolved personnel complaints to the Shift Sergeant, who will determine

whether to contact the complainant or assign the complaint for investigation.

(g) Informing the complainant of the investigator’s name and the complaint number within three

days after assignment.

(h) Investigating a complaint as follows:

1. Making reasonable efforts to obtain names, addresses and telephone numbers of

witnesses.

2. When appropriate, ensuring immediate medical attention is provided and

photographs of alleged injuries and accessible uninjured areas are taken.

Flagstaff Police Department

Policy Manual

Personnel Complaints

Published with permission by Flagstaff Police Department

Personnel Complaints - 4

(i) Ensuring that the procedural rights of the accused member are followed.

(j) Ensuring interviews of the complainant are generally conducted during reasonable hours.

1020.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES

Whether conducted by a supervisor or a member of the Professional Standards Unit, the following

applies to members covered by the Officers’ Bill of Rights.

(a) Interviews that could reasonably result in dismissal, demotion or suspension shall be

conducted pursuant to ARS § 38-1104.

(b) Interviews of an accused member shall be conducted during reasonable hours and

preferably when the member is on-duty. If the member is off-duty, he/she shall be

compensated.

Police Department or other reasonable and appropriate place.

(d) No more than two interviewers should ask questions of an accused member.

(e) Prior to any interview, a member shall be provided with written notice of the alleged facts

that are the basis of the investigation, and with the specific nature of the investigation,

the member’s status in the investigation, all known allegations of misconduct that are the

reason for the interview, and the member’s right to have a representative present at the

interview. The notice shall include copies of all complaints that contain the alleged facts that

are reasonably available, except complaints that are filed with the Department that include

allegations of unlawful discrimination, harassment or retaliation, or complaints that involve

matters under the jurisdiction of the Equal Employment Opportunity Commission (ARS §

38-1104).

(f) All interviews should be for a reasonable period and the member's personal needs should

be accommodated.

(g) No member should be subjected to offensive or threatening language, nor shall any

promises, rewards or other inducements be used to obtain answers. Any member refusing

to answer questions directly related to the investigation may be ordered to answer questions

administratively and may be subject to discipline for failing to do so.

(h) The interviewer should record all interviews of members and witnesses. The member may

also record the interview. If the member has been previously interviewed, a copy of that

recorded interview should be provided to the member prior to any subsequent interview.

(i) In order to maintain the integrity of each individual’s statement, involved members shall

not consult or meet with a representative or attorney collectively or in groups prior to being

interviewed.

(j) Any member may request to have a representative present during an interview at no cost

to this department (ARS § 38-1104):

1. The member shall select a representative who is available on reasonable notice so

that the interview is not unreasonably delayed.

2. The representative shall participate in the interview only as an observer.

Flagstaff Police Department

Policy Manual

Personnel Complaints

Published with permission by Flagstaff Police Department

Personnel Complaints - 5

3. Unless agreed to by the Chief of Police or the authorized designee, the

representative shall be from this department and shall not be an attorney.

4. The member shall be permitted reasonable breaks of limited duration during any

interview for telephonic or in-person consultation with others who are immediately

available, including an attorney.

5. A member shall not be disciplined, retaliated against or threatened with retaliation

for requesting that a representative be present or for acting as the representative

for another officer.

(k) All members shall provide complete and truthful responses to questions posed during

interviews.

(l) The member may be required to submit to a polygraph examination if the member makes

a statement during the investigation that differs from other information relating to the

investigation in order to reconcile the difference. If the examination is administered, an audio

recording of the complete polygraph procedure shall be provided to the member. The result

of the examination shall not be the basis for disciplinary action unless corroborating evidence

or information exists (ARS § 38-1104; ARS § 38-1108) At the conclusion of the interview,

the member may consult with his/her representative and may make a statement that is not

to exceed five minutes, addressing specific facts or policies that relate to the interview (ARS

§ 38-1104).

1020.6.3 ADMINISTRATIVE INVESTIGATION FORMAT

Formal investigations of personnel complaints shall be thorough, complete and essentially follow

this format:

Introduction - Include the identity of the members, the identity of the assigned investigators, the

initial date and source of the complaint.

Synopsis - Provide a brief summary of the facts giving rise to the investigation.

Summary - List the allegations separately, including applicable policy sections, with a brief

summary of the evidence relevant to each allegation. A separate recommended finding should

be provided for each allegation.

Evidence - Each allegation should be set forth with the details of the evidence applicable to each

allegation provided, including comprehensive summaries of member and witness statements.

Other evidence related to each allegation should also be detailed in this section.

Conclusion - A recommendation regarding further action or disposition should be provided.

Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached

to the report.

1020.6.4 DISPOSITIONS

Each personnel complaint shall be classified with one of the following dispositions:

Flagstaff Police Department

Policy Manual

Personnel Complaints

Published with permission by Flagstaff Police Department

Personnel Complaints - 6

Unfounded - When the investigation discloses that the alleged acts did not occur or did not

involve department members. Complaints that are determined to be frivolous will fall within the

classification of unfounded.

Exonerated - When the investigation discloses that the alleged act occurred but that the act was

justified, lawful and/or proper.

Not sustained - When the investigation discloses that there is insufficient evidence to sustain the

complaint or fully exonerate the member.

Sustained - When the investigation discloses sufficient evidence to establish that the act occurred

and that it constituted misconduct.

If an investigation discloses misconduct or improper job performance that was not alleged in

the original complaint, the investigator shall take appropriate action with regard to any additional

allegations.

1020.6.5 COMPLETION OF INVESTIGATIONS

ery investigator or supervisor assigned to investigate a personnel complaint or other alleged

misconduct shall proceed with due diligence in an effort to complete the investigation within three

months of the date a person authorized by this department to initiate an investigation receives

notice of an allegation. This will allow time for review by the Chief of Police and allow the Chief

of Police to provide the law enforcement officer with a notice of discipline or findings within 180

days, as provided in ARS § 38-1110.

The investigation period may be extended by the employee in a written waiver or may be

suspended during a criminal prosecution if the law enforcement officer is incapacitated or

unavailable, or under other special circumstances (ARS § 38-1110).

Should additional time be required, a written request should be made to the Chief of Police

requesting an extension. A request for extension should include the reason for the request and

the completion date requested. Such a request must be approved by the Chief of Police or the

authorized designee in writing and a copy provided to the accused law enforcement officer (ARS

§ 38-1110).

Upon completion of an investigation the reporting party will be recontacted and advised of the

findings of the investigation. The discipline imposed will not be disclosed.

1020.7 ADMINISTRATIVE SEARCHES

Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be

searched as part of an administrative investigation upon a reasonable suspicion of misconduct.

Such areas may also be searched any time by a supervisor for non-investigative purposes, such

as obtaining a needed report, radio or other document or equipment.

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1020.8 ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature, or when circumstances indicate that

allowing the accused to continue to work would adversely affect the mission of the Department,

the Chief of Police or the authorized designee may temporarily assign an accused employee to

administrative leave. Any employee placed on administrative leave:

(a) May be required to relinquish any department badge, identification, assigned weapons and

any other department equipment.

(b) Shall be required to continue to comply with all policies and lawful orders of a supervisor.

during the investigation. The employee may be required to remain available for contact at

all times during such shift, and will report as ordered.

1020.9 CRIMINAL INVESTIGATION

Where a member is accused of potential criminal conduct, a separate supervisor or investigator

shall be assigned to investigate the criminal allegations apart from any administrative investigation.

Any separate administrative investigation may parallel a criminal investigation.

The Chief of Police shall be notified as soon as practicable when a member is accused of criminal

conduct. The Chief of Police may request a criminal investigation by an outside law enforcement

agency.

A member accused of criminal conduct shall be provided with all rights afforded to a civilian.

The member should not be administratively ordered to provide any information in the criminal

investigation.

No information or evidence administratively coerced from a member may be provided to anyone

involved in conducting the criminal investigation or to any prosecutor.

The Flagstaff Police Department may release information concerning the arrest or detention of

any member, including an officer, that has not led to a conviction. No disciplinary action should

be taken until an independent administrative investigation is conducted.

1020.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES

Upon completion of a formal investigation, an investigation report should be forwarded to the Chief

of Police through the chain of command. Each level of command should review and may include

their comments in writing before forwarding the report. The Chief of Police may accept or modify

any classification or recommendation for disciplinary action.

1020.10.1 DIVISION COMMANDER RESPONSIBILITIES

Upon receipt of any completed personnel investigation, the Division Commander of the involved

member shall review the entire investigative file, the member's personnel file and any other

relevant materials.

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The Division Commander may make recommendations regarding the disposition of any

allegations and the amount of discipline, if any, to be imposed.

Prior to forwarding recommendations to the Chief of Police, the Division Commander may return

the entire investigation to the assigned investigator or supervisor for further investigation or action.

When forwarding any written recommendation to the Chief of Police, the Division Commander

shall include all relevant materials supporting the recommendation. Actual copies of a member's

existing personnel file need not be provided and may be incorporated by reference.

1020.10.2 CHIEF OF POLICE RESPONSIBILITIES

Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall

review the recommendation and all accompanying materials. The Chief of Police may modify any

recommendation and/or may return the file to the Division Commander for further investigation

or action.

Once the Chief of Police is satisfied that no further investigation or action is required by staff,

the Chief of Police shall determine the amount of discipline, if any that should be imposed. In

the event disciplinary action is proposed, the Chief of Police shall, within 180 days, provide the

member with a written notice and the following (ARS § 38-1110):

(a) Access to all of the materials considered by the Chief of Police in recommending the

proposed discipline.

1. If requested by the law enforcement officer, a basic summary or file copies of similar

disciplinary cases within the last two years shall be provided, unless prohibited by

court rule (ARS § 38-1104).

2. No final action should be taken or hearing scheduled until the basic summary or file

copies have been provided to the law enforcement officer

(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving

the notice.

1. Upon a showing of good cause by the member, the Chief of Police may grant a

reasonable extension of time for the member to respond.

2. If the member elects to respond orally, the presentation shall be recorded by

the Department. Upon request, the member shall be provided with a copy of the

recording.

Once the member has completed his/her response or if the member has elected to waive any such

response, the Chief of Police shall consider all information received in regard to the recommended

discipline. The Chief of Police shall render a timely written decision to the member and specify

the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of

Police has issued a written decision, the discipline shall become effective.

1020.11 PRE-DISCIPLINE EMPLOYEE RESPONSE

The pre-discipline process is intended to provide the accused employee with an opportunity to

present a written or oral response to the Chief of Police after having had an opportunity to review

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the supporting materials and prior to imposition of any recommended discipline. The employee

shall consider the following:

(a) The response is not intended to be an adversarial or formal hearing.

(b) Although the employee may be represented by an uninvolved representative or legal

counsel, the response is not designed to accommodate the presentation of testimony or

witnesses.

may offer any additional information or mitigating factors for the Chief of Police to consider.

(d) In the event that the Chief of Police elects to cause further investigation to be conducted,

the employee shall be provided with the results prior to the imposition of any discipline.

(e) The employee may thereafter have the opportunity to further respond orally or in writing to

the Chief of Police on the limited issues of information raised in any subsequent materials.

1020.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE

In the event that a member tenders a written resignation or notice of retirement prior to the

imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by

itself shall not serve as grounds for the termination of any pending investigation or discipline.

1020.13 POST-DISCIPLINE APPEAL RIGHTS

Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,

demotion, reduction in pay or step, or termination from employment. The employee has the right

to appeal using the procedures established by any personnel rules.

In the event of punitive action against a member covered by the Officers’ Bill of Rights, the appeal

process shall be in compliance with ARS § 38-1106.

1020.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

At-will and probationary employees and members other than non-probationary employees may

be disciplined and/or released from employment without adherence to any of the procedures set

out in this policy, and without notice or cause at any time. These individuals are not entitled to

any rights under this policy. However, any of these individuals released for misconduct should be

afforded an opportunity solely to clear their names through a liberty interest hearing, which shall

be limited to a single appearance before the Chief of Police or the authorized designee.

Any probationary period may be extended at the discretion of the Chief of Police in cases where the

individual has been absent for more than a week or when additional time to review the individual

is considered to be appropriate (see the Temporary Modified-Duty Assignments Policy).

1020.15 RETENTION OF PERSONNEL INVESTIGATION FILES

All personnel complaints shall be maintained in accordance with the established records retention

schedule and as described in the Personnel Files Policy.

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1020.16 NOTIFICATION TO THE ARIZONA PEACE OFFICER STANDARDS AND

TRAINING BOARD

1020.16.1 DISCIPLINE REPORTING

The Department may report to the Arizona Peace Officer Standards and Training Board (AZPOST)

any disciplinary action involving a certified officer that results in the suspension or revocation of

his/her certified status (ARS § 41-1828.01(A)). Conduct that results in discipline may be reported

for (AAC § R13-4-109):

(a) Failure to meet the minimum qualifications for certification.

(b) Providing false information related to certification as a peace officer.

effectively perform the duties of a peace officer.

(d) Violation of a restriction or requirement for certified status.

(e) The illegal use of a controlled substance.

(f) Unauthorized use of, or being under the influence of, alcohol on-duty.

(g) The commission of any offense that would be a felony if committed in Arizona or any offense

involving dishonesty, unlawful sexual conduct or physical violence.

(h) Refusal, failure or delay in performing the duties of a peace officer.

(i) A conduct or pattern of conduct that tends to disrupt, diminish or otherwise jeopardize public

trust.

1020.16.2 TERMINATION REPORTING

The Department shall inform AZPOST of the termination, resignation or separation of any

certified officer for misconduct pursuant to AAC § R13-4-108 and ARS § 41-1828.01(A). A report

shall be submitted within 15 days of a termination and include:

(a) The effective date and nature of the termination.

(b) A detailed description of any termination for cause.

including supporting documentation for the decision.

Policy 300

Policy

300

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Response to Resistance

300.1 PURPOSE AND SCOPE

This policy provides guidelines on the reasonable use of force in response to the resistance of

an individual. While there is no way to specify the exact amount or type of reasonable force to be

applied in any situation, every member of this department is expected to use these guidelines to

make such decisions in a professional, impartial and reasonable manner.

300.1.1 DEFINITIONS

Definitions related to this policy include:

300.1.1 (A)LEVELS OF RESISTANCE

A subject may be resisting arrest or may be unresponsive for many reasons. The subject may not

be capable of understanding the gravity of the situation. Officers must consider several factors

when dealing with a non-compliant subject. Non-compliance may be due to a medical condition,

mental, physical, or hearing impairment, language barrier, drug interaction, or emotional crisis.

These situations may require a change in more effective tactics to maintain officer safety or to

protect the public.

1. COMPLIANT: A person contacted by an officer who acknowledges direction or lawful orders

given and offers no resistance or aggression.

2. PASSIVE RESISTANCE: The subject is not complying with an officer’s commands, is

uncooperative, but is taking only minimal physical action (action not directed at officer) to prevent

an officer from placing the subject in custody and taking control. For example: standing stationary

and not moving upon lawful direction, falling limply and refusing to use their own power to move

(becoming "dead weight"), holding onto a fixed object, or locking arms to another during a protest

or demonstration, etc.

3. DEFENSIVE RESISTANCE: The subject’s verbal or physical actions are intended to prevent

an officer from placing the subject in custody and taking control, but are not directed at harming

the officer. For example: walking or running away, breaking the officer’s grip, hidden hands,etc.

4. ACTIVE AGGRESSION: The subject displays the intent to harm the officer, themselves, or

another person and prevent an officer from placing the subject in custody and taking control. For

example: a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or

other actions which present an imminent threat of physical harm to the officer or another, etc.

5. AGGRAVATED ACTIVE AGGRESSION: The subject’s actions are likely to result in the death

or serious bodily harm to the officer, themselves, or another

300.1.1(B) LEVELS OF FORCE

Assess each incident to determine, based on policy, training, and experience, which use of force

option is believed to be appropriate to bring the situation under control safely. Only use the amount

of force that is objectively reasonable to overcome resistance.

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1. LOW LEVEL FORCE

a. Officer Presence: The officer is clearly identified as an officer and his/her authority is established

by presence in uniform or by clearly displaying a badge or identification

b. Verbal Direction: Minimum means of halting an offense, gaining compliance or overcoming

resistance. Announcing identity as a peace officer, presence, and intentions may result in

peaceful resolution. Courteously and clearly relay the police objective. Use verbal commands

when possible, including warnings, before resorting to physical force. Consider any language

barriers, noise, other distractions, or disabilities which may impair or frustrate effective and clear

communication with the person.

c. Empty Hand Control: Control methods ranging from gently guiding a subject’s movement to

more dynamic techniques such as strikes. They are divided into two categories:

i) "Soft" control techniques - Standard handcuffing, wrist locks, and touch pressure points

ii) "Hard" control techniques –Using the hands, knees, or feet directed at pressure points, or using

takedown techniques

2. INTERMEDIATE FORCE: Use authorized less lethal devices when 1) Deadly force is not

justified and 2) Empty hand control techniques are either not sufficient or not tactically the best

option. Types of intermediate weapons:

a. Oleoresin Capsicum (OC) Spray –A means of defense when the officer is facing defensive

resistance or greater.

b. Impact Weapons – A straight, expandable baton, or impromptu device used as a means of

protecting the officer or others from injury. Impact weapons may be used to control subjects when

facing active aggression or aggravated active aggression (deadly force).

c. Taser – The Taser is a less lethal conducted electrical weapon that deploys an electro-muscular

disruption charge affecting the sensory and motor functions of the central nervous system.

d. Less Lethal Munitions/CN and CS Gas –Department approved less lethal shotgun munitions

and other specialized less lethal ordnance (such as Sage munitions, pepper balls. flex batons)

and the use of CN (chloroacetophenone) and CS (Orthochlorobenalmalononitrile) gas

e. Hard empty hand techniques - Techniques that may cause injury. These techniques are divided

into primary and secondary strikes.

i) Primary strikes - Impact push and palm-heel/linear fist strikes

ii) Secondary strikes - Hammer fist strikes, elbow strikes, knee strikes, and leg kicks

iii) Head and Neck Strikes – Prohibited absent active aggression/ aggravated active aggression

f. Carotid Restraint Control Hold – Bilateral vascular restraint where pressure is applied to the

sides of the neck without compressing or restricting the airway, resulting in diminished oxygenated

blood flow to the brain

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3. DEADLY FORCE: Force used to stop a threat capable of causing death or serious physical

injury. Officers may employ all the techniques outlined in this General Order, and others that may

be available, including deadly force, in order to protect themselves or others from the use of deadly

force.

300.1.1(C) Reasonableness

1. Objective Reasonableness: The standard as set forth by Graham v Connor (109 S.Ct. 1872)

wherein the test for reasonableness when using force against an individual is based on the

evaluation of what an objectively reasonable officer might have done in the same circumstances

in light of the facts confronting the officer at the time of the incident.

2. Objectively Reasonable Force: The nature and degree of force utilized by an officer given the

totality of the facts and circumstances known at the time, to gain control of a subject once the

officer has evaluated 1) the severity of the crime, 2) the immediate threat the suspect poses to

the officer and/or to the public and 3) whether the suspect is actively resisting arrest or attempting

to evade arrest.

300.2 POLICY

The use of force by law enforcement personnel is a matter of critical concern, both to the public

and to the law enforcement community. Officers are involved on a daily basis in numerous and

varied interactions and, when warranted, may respond to resistance with the use of reasonable

force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations.

This is especially true with respect to overcoming resistance while engaged in the performance

of law enforcement duties.

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. Vesting officers with the authority to use reasonable force and to protect the public

welfare requires monitoring, evaluation and a careful balancing of all interests.

300.2.1 DUTY TO INTERCEDE

Any officer present and observing another officer using force that is clearly beyond that which

is objectively reasonable under the circumstances shall, when in a position to do so, intercede

to prevent the use of unreasonable force. An officer who observes another employee use force

that exceeds the degree of force permitted by law should promptly report these observations to

a supervisor.

300.3 USE OF FORCE IN RESPONSE TO RESISTANCE

(A) Officers shall use objectively reasonable force in response to resistance given the facts and

circumstances perceived by the officer at the time of the event to accomplish a legitimate law

enforcement purpose. Given that no policy can realistically predict every possible situation an

officer might encounter, officers are entrusted to use well-reasoned discretion in determining the

appropriate use of force in each incident. While the ultimate objective of every law enforcement

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encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be

exposed to possible physical injury before applying reasonable force.

(B) The reasonableness of force will be judged from the perspective of a reasonable officer on

the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that

officers are often forced to make split-second decisions about the amount of force that reasonably

appears necessary in a particular situation, with limited information and in circumstances that are

tense, uncertain and rapidly evolving.

would be impractical or ineffective to use any of the tools, weapons or methods provided by the

Department. Officers may find it more effective or reasonable to improvise their response to rapidly

unfolding conditions that they are confronting. In such circumstances, the use of any improvised

device or method must nonetheless be reasonable and utilized only to the degree that reasonably

appears necessary to accomplish a legitimate law enforcement purpose.

(D) Justification for the use of Less than Lethal Force

Less than lethal force can be used by an officer in the performance of his duties, when it is

objectively reasonable given the circumstances.:

1. When necessary to preserve the peace, prevent the commission of offenses, or prevent

suicide or self-inflicting injury.

2. When preventing or interrupting a crime or attempted crime against property, and an individaul

is engaged in active resistance.

3. When making lawful arrests and searches, overcoming resistance to such arrests and

searches, and preventing escapes from custody.

4. When in self defense, or defense of another against unlawful violence to his person.

5. To accomplish lawful objectives.

(E) Justification for the Use of Deadly Force

1. Four elements must be present simultaneously in order for the use of deadly physical force

to be justified:

a. ABILITY –A person has the means or capability to cause, serious physical injury or death to

an officer or another. This may include, but is not limited to: the suspect’s physical ability, size, age,

strength, gender, combative skill, level of aggression, and any weapons in their immediate control

b. OPPORTUNITY –A person can effectively resist an officer’s control or use force or violence

upon the officer or another. Examples include: relative distance to the officer or others, physical

barriers between the subject and the officer, and access to weapons

c. IMMINENT JEOPARDY – Based upon all the facts and circumstances the officer reasonably

believes the subject poses an imminent threat to the life of the officer(s) or others, and the officers

must act immediately to prevent death or serious bodily injury

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d. PRECLUSION – All other lesser alternatives have been reasonably considered or rejected

as ineffective prior to the use of deadly force. Deadly force in response to the subject’s actions

must remain reasonable while based upon the totality of the circumstances known to the officer

at the time force was applied.

2. Shooting At or From Moving Vehicles:

Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path

of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants.

An officer should only discharge a firearm at a moving vehicle or any of its occupants when the

officer reasonably beleives there is no other reasonable means available to avert the threat of the

vehicle. Officers should not shoot at any part of the vehicle in an attepmt to disable the vehicle.

3. Deadly force can be used in the dispatching of animals:

a. When necessary to destroy a fatally wounded or sick animal after an attempt to locate and

receive permission from the animal’s owner. Special care should be taken to ensure that no

person or property is injured or damaged when an officer fires his weapon.

b. When necessary to destroy an obviously mad or vicious animal that cannot otherwise be

controlled. Animal Control should be contacted first. Only when an Animal Control Officer is unable

to respond in a reasonable amount of time should an officer destroy an obviously mad or vicious

animal. Special care should be taken to ensure that no person or property is injured or damaged

when an officer fires his weapon.

300.3.1 USE OF FORCE TO EFFECT AN ARREST

An officer is justified in threatening or using force against another if, in making or assisting in

making an arrest or detention or in preventing or assisting in preventing an escape after arrest or

detention, such person resists by using or threatens to use physical force and all of the following

exist (ARS § 13-409):

(a) A reasonable person would believe that such force is immediately necessary to effect the

arrest or detention or prevent the escape.

(b) The officer makes known the purpose of the arrest or detention or believes that it is otherwise

known or cannot reasonably be made known to the person to be arrested or detained.

300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to use force in response to resistance and in evaluating whether an

officer has used reasonable force in response to resistance, a number of factors should be taken

into consideration, as time and circumstances permit. These factors include, but are not limited to:

(a) Immediacy and severity of the threat to officers or others.

(b) The conduct of the individual being confronted, as reasonably perceived by the officer at

the time.

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exhaustion or fatigue, the number of officers available vs. subjects).

(d) The effects of drugs or alcohol.

(e) Subject's mental state or capacity.

(f) Proximity of weapons or dangerous improvised devices.

(g) The degree to which the subject has been effectively restrained and his/her ability to resist

despite being restrained.

(h) The availability of other options and their possible effectiveness.

(i) Seriousness of the suspected offense or reason for contact with the individual.

(j) Training and experience of the officer.

(k) Potential for injury to officers, suspects and others.

(l) Whether the person appears to be resisting, attempting to evade arrest by flight or is

attacking the officer.

(m) The risk and reasonably foreseeable consequences of escape.

(n) The apparent need for immediate control of the subject or a prompt resolution of the situation.

(o) Whether the conduct of the individual being confronted no longer reasonably appears to

pose an imminent threat to the officer or others.

(p) Prior contacts with the subject or awareness of any propensity for violence.

(q) Any other exigent circumstances.

300.3.3 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting

individual. Officers may only apply those pain compliance techniques for which they have

successfully completed department-approved training. Officers utilizing any pain compliance

technique should consider:

(a) The degree to which the application of the technique may be controlled given the level of

resistance.

(b) Whether the person can comply with the direction or orders of the officer.

The application of any pain compliance technique shall be discontinued once the officer

determines that compliance has been achieved.

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300.3.4 CAROTID CONTROL HOLD

The Carotid Control Technique is a significant physical control technique designed to subdue

an individual by reducing the flow of oxygenated blood to the brain by compressing the Carotid

Arteries. This technique IS NOT A CHOKE HOLD that restricts airflow through the throat, nor is

it a technique designed to gain compliance by causing pain.

The proper application of the carotid control technique may be effective in restraining a violent

or combative individual. However, due to the potential for injury, the use of the carotid control

technique is subject to the following:

(a) The officer shall have successfully completed department-approved training in the use and

application of the carotid control technique with an AZPOST, certified Defensive Tactics

instructor.

(b) The carotid control technique may only be used when circumstances perceived by the officer

at the time indicate that such application reasonably appears necessary to control a person

in any of the following circumstances:

(a) The subject is engaged in active aggression or aggravated active aggression (deadly

force).

(b) The subject, by words or actions, has demonstrated an intention to be violent and

reasonably appears to have the potential to harm officers, him/herself or others.

physical injury to the officer, a third party, or themselves. These actions may include

the use of a firearm, a blunt force object, an edged weapon or through the use of

physical force.

(d) When the subject is actively assaulting an officer or another person and other control

methods have been exhausted or the officer reasonably believes other methods

would be ineffective.

(e) When deadly force would be authorized.

be avoided unless the totality of the circumstances indicates that other available options

reasonably appear ineffective, or would present a greater danger to the officer, the subject or

others, and the officer reasonably believes that the need to control the individual outweighs

the risk of applying a carotid control technique:

1. Females who are known to be pregnant

2. Elderly individuals

3. Obvious juveniles

(d) If during the course of application, an officer reasonably believes that the Carotid Control

Technique is being improperly applied, they shall immediately release and re-apply, or seek

an alternative option depending on the circumstances of the application.

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(e) Any individual who has had the carotid control hold applied, regardless of whether he/

she was rendered unconscious, shall be promptly examined by paramedics or other

qualified medical personnel and should be monitored until examined by paramedics or other

appropriate medical personnel. Employees should also be aware of the following situations:

1. Violent subjects or subjects who are under the influence of alcohol or drugs should

be closely monitored for breathing difficulties or unconsciousness.

2. Excited Delirium is a combined physiological and psychological state of excitement

characterized by exceptional agitation, hyperactivity, overheating, excessive tearing

of the eyes, hostility, superhuman strength, aggression, acute paranoia and

endurance without apparent fatigue brought about by psychosis, drug or alcohol

intoxication, or a combination of these factors.

3. Positional asphyxiation is a fatal disorder occurring when the body is placed into

a position that interferes with the mechanics of pulmonary ventilation or breathing.

Positional asphyxia can occur in a variety of situations, although it is most common

in situations where a violent or physically aggressive person is physically or

mechanically restrained.

(f) The officer shall inform any person receiving custody, or any person placed in a position of

providing care, that the individual has been subjected to the carotid control technique and

whether the subject lost consciousness as a result.

(g) Any officer attempting or applying the carotid control technique shall promptly notify a

supervisor of the use or attempted use of such hold. They will further closely monitor the

subject to be sure the subject's breathing is unrestricted until medical personnel arrive.

(h) The use or attempted use of the carotid control technique shall be thoroughly documented

by the officer in any related reports.

300.4 REPORTING THE USE OF FORCE IN RESPONSE TO RESISTANCE

Any use of force by a member of this department shall be documented promptly, completely and

accurately in an appropriate police report depending on the nature of the incident. To collect data

for purposes of training, resource allocation, analysis and related purposes, the Department also

requires the completion of the use of force form when:

(a) The application has caused a visible injury or death.

(b) Any application of a less lethaldevice to include: baton, OC spray, chemical agents, kinetic

energy projectiles, TASER devices, leg restraints other than leg irons.

(d) The individual subjected to the force has been rendered unconscious.

(e) An individual was struck or kicked in any manner.

(f) An animal is dispatched.

(g) An officer threatens or uses a TASER device or a firearm.

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1. If a TASER device is deployed, as soon as possible the officer will have the TASER that was

used downloaded to document the firings of that TASER. The download will be conducted by one

of the TASER instructors and the form will be attached to the use of force report form.

(h) An individual alleges any of the above has occurred.

300.4.1 NOTIFICATION TO SUPERVISORS

Supervisory notification shall be made as soon as practicable following the application of force in

any of the following circumstances:

(a) The application caused a visible injury.

(b) The application would lead a reasonable officer to conclude that the individual may have

experienced more than momentary discomfort.

(d) The individual indicates intent to pursue litigation.

(e) Any application of a TASER device or control device.

(f) Any application of a restraint device other than handcuffs, shackles or belly chains.

(g) The individual subjected to the force was rendered unconscious.

(h) An individual was struck or kicked.

(i) An individual alleges any of the above has occurred.

300.5 MEDICAL CONSIDERATION

Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs

of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing

pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after

an encounter should be continuously monitored until he/she can be medically assessed.

Based upon the officer's initial assessment of the nature and extent of the subject's injuries,

medical assistance may consist of examination by fire personnel, paramedics, hospital staff or

medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be

fully documented in related reports and, whenever practicable, should be witnessed by another

officer and/or medical personnel. If a recording is made of the contact or an interview with the

individual, any refusal should be included in the recording, if possible.

The on-scene supervisor, or if not available, the primary handling officer shall ensure that any

person providing medical care or receiving custody of a person following any use of force is

informed that the person was subjected to force, and advise of any medical complaints or

conditions of the subject. This notification should be made prior to or upon arrival with the person

or location providing medical care. This notification shall include a description of the force used

and any other circumstances the officer reasonably believes would be potential safety or medical

risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

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Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse

sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain

(sometimes called “excited delirium”), or who require a protracted physical encounter with multiple

officers to be brought under control, may be at an increased risk of sudden death. Calls involving

these persons should be considered medical emergencies. Officers who reasonably suspect a

medical emergency should request medical assistance as soon as practicable and have medical

personnel stage away if appropriate.

Officers should not transport prisoners for medical reasons, other than those prisoners with nonlife

threatening conditions that are refused by the jail nurse after an assessment. Officers are

authorized to travel inside an ambulance or fire vehicle with a prisoner when requested by medics.

If a prisoner is refused transport by a medical provider the Flagstaffs Fire Department will be

requested to do the transport.

300.7 SUPERVISOR RESPONSIBILITY

When a supervisor is able to respond to an incident in which there has been a reported application

of force, the supervisor is expected to:

(a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or

excessive force, this will be considered a routine contact in the normal course of duties.

(b) Ensure that any injured parties are examined and treated.

was applied. If this interview is conducted without the person having voluntarily waived his/

her Miranda rights, the following shall apply:

1. The content of the interview should not be summarized or included in any related

criminal charges.

2. The fact that a recorded interview was conducted should be documented in a

property or other report.

3. The recording of the interview should be distinctly marked for retention until all

potential for civil litigation has expired.

(d) Once any initial medical assessment has been completed or first aid has been rendered,

ensure that photographs have been taken of any areas involving visible injury or complaint

of pain, as well as overall photographs of uninjured areas. These photographs should be

retained until all potential for civil litigation has expired.

(e) Identify any witnesses not already included in related reports.

(f) Review and approve all related reports.

(g) Determine if there is any indication that the subject may pursue civil litigation.

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1. If there is an indication of potential civil litigation, the supervisor should complete and

route a notification of a potential claim through the appropriate channels.

(h) Evaluate the circumstances surrounding the incident and initiate an administrative

investigation if there is a question of policy non-compliance or if for any reason further

investigation may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving the reported

application of force, the supervisor is still expected to complete as many of the above items as

circumstances permit.

300.7.1 SHIFT SERGEANT RESPONSIBILITY

The Shift Sergeant shall review each use of force by any personnel within his/her command to

ensure compliance with this policy and to address any training issues.

300.7 TRAINING

Officers will receive periodic training on this policy and demonstrate their knowledge and

understanding.

Policy 449

Body Worn Video Cameras

449.1 PURPOSE AND SCOPE

The Flagstaff Police Department is committed to the belief that on-officer video is an important and

valuable tool for law enforcement. On-officer video is essentially audio-video documentation of

a police officer’s investigative and enforcement activities from the perspective of the officer. The

use of on-officer video is expected to result in greater transparency, more effective prosecution,

more efficient citizen complaint investigations, and improved protection against false allegations

of excessive use of force, misconduct, or racial profiling.

Some officers who have recognized the protective function of audio or video recording have

voluntarily purchased devices of varying types and made use of them in the field. Audio or video

recordings of investigative or enforcement actions are evidence, and subject to rules of disclosure.

It is in the best interest of justice that the Department regulates and controls all forms of evidence

collection and storage.

449.1.1 DEFINITIONS

Agency Administrator - EVIDENCE.COM system administrator(s) with full access to user rights.

End User – AXON user with individual account access rights to EVIDENCE.COM.

TASER AXON FLEX – An on-officer audio video system currently authorized as the sole means

of overt on-officer audio-video recording.

ETM (Evidence Transfer Machine) – A server with built-in docking stations physically installed at

the police department. The ETM simultaneously recharges the device while uploading all digitally

encrypted data. The ETM then transfers the data to EVIDENCE.COM.

EVIDENCE.COM – Online Web-based digital media storage facility accessed at https://

flagstaffpd.evidence.com. The virtual warehouse stores digitally encrypted data in a highly secure

environment accessible to personnel based on security clearance.

Media or Data – includes photographs, audio recordings, and video footage. The media is stored

digitally.

449.2 ACTIVATION AND USE

Officers will use on-officer audio video (AXON) equipment provided by the Flagstaff Police

Department. In the event this equipment is not available, officers have the discretion to use

other audio recording equipment. All recorded media (images and audio from the AXON or other

devices) are the property of the Flagstaff Police Department and shall not be copied, released, or

disseminated in any form or manner outside the parameters of this policy without the expressed

written consent of the Chief of Police. The unauthorized use, duplication, and/or distribution of

media files is prohibited. Personnel shall not make copies of files for their own personal use. The

AXON shall not be used to record non-work related activity.

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The AXON shall be worn at all times the officer may become involved in an enforcement situation,

including all investigative or enforcement contacts. (e.g., pedestrian and vehicle stops, consensual

encounters, calls for service, on-view events, etc.)

Officers shall activate the AXON camera as soon as practicable at the onset of all calls for service,

to include the following incidents:

(a) Impaired Driver Investigations.

(b) Vehicle Pursuits.

(d) All searches (persons, vehicles, structures, etc.)

(e) During interviews or interrogations.

(f) Consensual encounters which are investigative in nature.

(g) When serving an arrest warrant.

(h) Any time an officer feels it is appropriate.

Additional arriving units to a scene shall activate their AXON camera as soon as practicable, and

continue to record until the completion of the event, or they have left the scene (this includes

recording of statements). Additional arriving units have the discretion to stop recording under the

same criteria listed above.

Officers are not required to obtain consent from a private person when:

(a) They are in a public place.

(b) They are in a location where there is no reasonable expectation of privacy (e.g., inside a

building or dwelling where the officer is lawfully present and engaged in the performance

of official duties).

449.2.1 STOPPING OR INTERRUPTING RECORDINGS

Officers shall not activate the AXON, or may stop or interrupt recording under the following

circumstances:

(a) Areas where there could be a reasonable expectation of privacy, such as a hospital, locker

room, restroom, etc.

(b) When conversing with fellow employees, during routine and non-enforcement activities.

Victims of crime should NOT be forced to have their interviews recorded. Victim interviews,

especially in domestic violence cases, are valuable to prosecutors. When a victim does refuse

an on camera interview the officer will pursue a written statement.

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Officers are encouraged to advise private persons they are recording if the advisement may gain

compliance, assist in the investigation, and does not interfere with the investigation or officer

safety.

There are many situations where the use of the AXON camera is appropriate. This policy is not

intended to describe every possible circumstance. Officers should activate the system any time

they feel its use would be appropriate and/or valuable to document an incident

The use of the AXON camera will be documented in all incident reports and in the notes field for

all citations, warnings, and field interviews.

449.3 REVIEW OF AXON MEDIA FILES

Officers may review their own AXON video files under the following circumstances:

(a) To complete reports.

(b) Prior to courtroom testimony.

(d) Officers may use media captured via the AXON camera for training purposes, with prior

authorization from their Lieutenant.

(e) Field Training Officers may use media captured via the AXON camera to provide immediate

training to recruits and to assist with the completion of the Daily Observation Reports

(DOR’s).

(f) Officers may view videos off site to prepare for courtroom testimony or other official

action. Downloading of videos is prohibited outside of the physical confines of the police

department.

(g) Whenever a video is viewed the officer is to make an annotation in the notes field explaining

why the video is being viewed. (e.g., prepare for court, Prepare for a defense interview,

training, etc.)

Critical Incident Protocols:

(a) In the event of a critical incident, (e.g., serious use of force incident, officer involved shooting,

serious injury or death), when safe and practical, an on-scene supervisor may retrieve AXON

data from the involved officer at the scene, where viewing the event could assist with locating

outstanding suspects, suspect vehicles, and direction of travel.

(b) The supervisor will be responsible for assuring the camera is docked and uploaded into

Evidence.com.

Officers will not allow citizens to review AXON recordings unless it is for an official investigative

reason.

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In the event of an unintentional activation of the AXON system during non-enforcement or noninvestigative

activities. (e.g., restroom or meal breaks, other areas where reasonable expectation

of privacy exists) Officers may request deletion of the subsequent recording. A memorandum

detailing the circumstances of the unintentional recording will be forwarded via the chain of

command to the Chief of Police. If approved, the actual deletion requires two-party authorization.

One of those parties will be the Chief or their designee; the other will be an agency AXON/

EVIDENCE.COM Administrator.

Officers are authorized to view their videos in the field through a Bluetooth enabled device. Officers

may purchase a Bluetooth enabled I-Pod touch via uniform reimbursement to use in this capacity.

Those who have a Bluetooth enabled smart phone are authorized to use it as well. The specific

application and discoverability concerns will be addressed in training.

Officers utilizing a blue tooth device may use the device to input information about the video while

in the field. (i.e. ID, Title, & Category) Officers should be aware there are no actions they can

perform which will change the original video itself. All information added to the original recording

is added as layers to the video. The original video recording is never changed.

449.4 CATEGORY AND RETENTION OF FILES

Officers will input information to categorize each video via a Bluetooth device, or by utilizing the

Evidence Sync program prior to uploading the video via the Evidence Transfer Machine (ETM).

This information will include the following:

(a) ID: DR number, 5 digit Event number, Training, or Test

(b) Title: Traffic Stop, Field Interview, Crime report title

1. (a) Officers may include a name in this field after the description (e.g., Traffic

Stop – Smith)

Each event must be categorized according to event type so proper retention periods will be

applied. Video can be saved in multiple categories. In the event a video is taken that does not

fall into a listed category and has no apparent evidentiary or administrative value, the officer may

leave the video as uncategorized. Retention periods will be established in accordance with state

and federal statutes.

Event Categories and retention:

1. Uncategorized (1 year)

2. Training (1 year)

3. Field Interviews (3 years)

4. Traffic stops (3 years)

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5. Traffic collisions (3 years)

6. Misdemeanor investigations or arrests (5 years)

7. Citizen complaints (until manually deleted)

8. Pursuits (until manually deleted)

9. Firearms discharge (until manually deleted)

10. Critical Incidents (until manually deleted)

11. Use of Force (until manually deleted)

12. Administrative investigations (until manually deleted)

13. Death investigations and missing persons (until manually deleted)

14. Felony investigations or arrests other than those listed below

(7 years with permission of the County Attorney’s office)

15. All sex offenses (until manually deleted or with permission

of the County Attorney’s office)

16. Terrorism (until manually deleted)

17. Misuse of public money or falsification of public records (indefinitely)

18. Homicide or manslaughter (until manually deleted or with

permission of the County Attorney’s office)

Officers will place the AXON in the Evidence Transfer Machine (ETM) at the end of shift

for charging and uploading. The media captured via the AXON will only be uploaded to

EVIDENCE.COM.

449.5 AXON FILE REQUESTS

Department Requests shall be completed by the System Administrator with the approval of the

Chief of Police. A copy of the file may be made by the involved officer in accordance with this

policy (for disclosure, review or testimony).

If the request is for video that is evidence in a case the officer shall make a copy of the video for

use. This copy should be placed into evidence once the court has completed their process. If the

copy is retained by the court, the officer will complete a supplemental report indicating this.

Public Records Requests: Pursuant to Arizona Public Records statutes and the Privacy and

Security Act, it is the goal of this policy to support and promote openness in government by

releasing non-confidential video recordings to the public upon request. Released recordings will

be subject to existing public records law.

Recordings requested for non-commercial use may be charged a fee according to city policy.

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Prior to release, requested recordings will be reviewed by the legal advisor and the criminal

investigations lieutenant to ensure the redactions are in compliance with public records law

Any redactions performed by Agency Administrators will include notes in the notes field

documenting their actions and who the video was released to.

(a) No administrative members will delete existing redactions of a video after it has been

released.

(b) If additional redaction is required for subsequent requests, a new mask will be completed

along with proper documentation in the notes field.

Projects

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Environment

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Flagstaff Police Department Media Release
January 1, 2017

The Flagstaff Police Department will be holding a press conference at the Law Enforcement Administrative Facility (LEAF) located at 911 East Sawmill Road in Flagstaff, AZ in the Chief Cooper Memorial Auditorium at 4:30 PM today, January 4th, 2017. This press conference will be in reference to the incident that occurred on 11-16-16 involving Officer Jeff Bonar and Ms. Marissa Morris.
As a reminder we continue to utilize the website at http://www.fpdtransparency.com to post additional reports, media releases and information. This website is free to the public and provides the latest information available on the investigation. Thank You.
Sgt. Cory C. Runge
Flagstaff Police Department
Public Relations
(928)556-2300
[email protected]

Learn More

Note to our citizens

Please be advised that Officer Bonar has been placed under Administrative Leave for the purpose of conducting an investigation and no disciplinary action has been taken until the investigation has been completed.

Press Conference January 4, 2017

Please click on the Orange Oval Press Conference button to review the press release from
Chief Kevin Treadway presented on January 4, 2017

Chiefs Press Conference

Press Conference by Chief Kevin TreadwayJanuary 4, 2017 at 4:30 P.M.

County Attorney Review of Officer Involved Shooting

Flagstaff Police Department Media Release 4 Issued 11-17-2016

Flagstaff Police Department Media Release 4 issued 11-28-16

Internal Affairs Investigation Report IA 2016-0009

Notice of Recommendation Memo

Flagstaff Police Department Internal Affairs Investigation 2016-0009 Report & Notice of Recommendation Memo

Northern Arizona University Police Report

Coconino County Sheriff Report

Critical Incident Video P16-17278

Critical Incident Video P16-17278 Part 4

Critical Incident Video P16-17278 part 3

Critical Incident Video P16-17278 part 1

Video Posted of Social Media on 11-17-2016

Critical Incident Video P16-17278 part 2

P16-17228 Communications

Flagstaff Police Department Media Release 1 issued 11-16-2016

Flagstaff Police Department Media Release 2 issued 11-17-2016

Flagstaff Police Department Media Release 3 issued 11-17-2016

Policy 1020

Policy 300

Policy 449

Projects

Environment

Flagstaff Police Department Media ReleaseJanuary 1, 2017

Note to our citizens

Press Conference January 4, 2017

Please click on the Orange Oval Press Conference button to review the press release from Chief Kevin Treadway presented on January 4, 2017

Press Conference by Chief Kevin Treadway
January 4, 2017 at 4:30 P.M.

Flagstaff Police Department Media Release 4
Issued 11-17-2016

Flagstaff Police Department Internal Affairs Investigation 2016-0009 Report
& Notice of Recommendation Memo

Flagstaff Police Department Media Release
January 1, 2017

Please click on the Orange Oval Press Conference button to review the press release from
Chief Kevin Treadway presented on January 4, 2017