CIRCLE OF GIVING QUIETLY CARING FOR FAMILIES OF FALLEN OFFICERS - WINTER PROFESSIONAL DEVELOPMENT CONFERENCE FEBRUARY 9-11 | GRAND RAPIDS ...
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MICHIGAN POLICE CHIEFS OFFICIAL PUBLICATION OF THE MICHIGAN ASSOCIATION OF CHIEFS OF POLICE WINTER 2022 CIRCLE OF GIVING QUIETLY CARING FOR FAMILIES OF FALLEN OFFICERS WINTER PROFESSIONAL DEVELOPMENT CONFERENCE FEBRUARY 9-11 | GRAND RAPIDS
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CONTENTS MICHIGAN POLICE CHIEFS WINTER 2022.ISSUE 1 FEATURES 10 911 Looks to Private Technology for Solutions 14 BOL Calls in Michigan 18 A Circle of Giving 22 Field Training and Evaluation Process 18 24 Winter Conference Preview 26 Illicit Trade: A Growing Threat to Michigan 30 Successfully Obtaining the Truth 32 Stress Management in Public Safety: The Supervisor’s Role 36 Kratom & Driving DEPARTMENTS 04 24 President’s Message 06 Director’s Message 08 Accreditation News 38 Member News 26 44 Supporting Members 46 Advertiser Index On the cover: Van Buren Township DPS Honor Guard 36 render honors during the funeral of Officer Michael Krol. Photo taken by: Lisa Smith, Ret. MSP
PRESIDENT’SMESSAGE As I write this, we are a few days removed from the tragedy that occurred in Oxford. I, like all of you, offer my heartfelt condolences to the families, students and staff at Oxford Community Schools and the entire Oxford community. I also offer my sincere thanks and appreciation to Chief Solwold and his team at the Oxford Police Department, the Oakland County Sheriff’s Department, and the other responding agencies for their quick actions, professionalism, and outstanding work during this very difficult and challenging time. As a profession, we are always trying to improve and seek ways to make our departments better and our communities safer. I don’t know if we can ever be fully ready or prepared for what we will face, but we can always be willing to serve and do so while upholding the highest standards. It isn’t just okay to be in this profession, it’s necessary. Professional law enforcement is needed across the state. When there are questions or people are in need, they turn to law enforcement for answers and help. As communities across the state continue to try and reconcile the events of what hap- pened that day, our residents will need the continued strength, commitment to service, and the re- Chief Ronald L. Wiles siliency of its law enforcement to feel safe and secure. The Michigan Association of Chiefs of Police and its membership are willing to provide assistance and support in any way we can. Our 2022 Winter Professional Development Conference is fast approaching and, as in previous years, will offer a fantastic slate of presentations, vendors, and networking opportunities. This year we have scheduled professional development opportunities in: Walking with the Wounded – a pre- sentation to raise awareness of the struggles associated with officers injured in the line of duty, Law Enforcement Brain Health – a presentation that will focus on the impact of cultural events and the issues that must be addressed to keep our officers healthy and safe, FOIA Basics – a presentation addressing FOIA basics to help agencies avoid the pitfalls of administering their process, Find ‘em, Hire ‘em, Keep ‘em – a presentation that will provide agencies a template to give them a compet- itive edge when seeking highly qualified candidates, and Reinvesting in Traffic Safety Post 2020 – this presentation focuses on implementing safe and effective traffic safety strategies that will save lives in a post-2020 world. The MACP is committed to providing important growth opportunities for our members and these are just a few of the presentations that will be available. A list of profes- sional development opportunities can be found on the MACP website/forums. The accreditation program continues to grow. In October, we were notified that the MACP was awarded a $99,760 federal grant to support enhancing our current law enforcement accreditation program. This funding will help raise professional standards through accreditation and keep com- Professional law munities safe. To date, over forty (40) agencies have successfully earned full accreditation status and recently the 100th agency signed up to begin the process. Accreditation marks a significant enforcement is professional accomplishment that ensures our police agencies are following the best state and na- needed across the tional police practices. state. When there As we get ready to kick off a new year, I hope you can take a minute to reflect on the past year and are questions or all that we have accomplished. I’m proud of the Michigan Association of Chiefs of Police and our members across the state. We’ve faced and overcome some challenging times, but most important- people are in need, ly, we did so by holding ourselves to the high standards that our profession expects and deserves. they turn to law Thank you for your enduring support of the MACP and the professionalism, honor, and integrity with which you represent our chosen profession. enforcement for Lastly, please pray for our officers as they continue to work hard to make a positive difference in our answers and help. communities – Stay Safe! Happy New Year! 4 WINTER 2022
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DIRECTOR’SMESSAGE It is often said the more things change, the more they stay the same. This may be true in some pro- fessions, but it certainly does not apply to law enforcement. If there is one lesson I have learned in my 47-year police related career, it is that we are constantly changing. What we did in the 1970’s, we don’t do today and what we are doing today, we won’t be doing 50 years from now. Perhaps the biggest change today is the intersection of policing and politics. During my tenure as police chief, the politics that I and most chiefs dealt with were at the local level. Our goal was to keep the mayor, city council, city managers and township officials informed and satisfied. Politics at the state level rarely affected how we performed our jobs. When I became the Executive Director of the MACP, my politics expanded from the local level to the state/federal level. Seldom were the issues related to police tactics or how we performed our jobs. This began to change in the post-Ferguson era and has dramatically increased since the mur- der of George Floyd. Robert Stevenson For more than a century, the adjudicator for permissible police actions and tactics was the State or Federal Supreme Court system. Landmark cases such as Tennessee v. Garner, Mapp v. Ohio, Graham v. Connor, and others defined what was permissible relating to issues such as use of force, searches and qualified immunity. Today, states across the nation have been proposing and passing legislation under the guise of po- lice reform that will affect how we carry out our duties. Banning no-knock warrants, choke holds, pretext traffic stops and other tactics that are constitutionally legal under certain circumstances are now being prohibited by state law. Perhaps most alarming has been the attack on qualified immunity by both state legislatures and Congress. Several states have banned or limited qualified immunity for their police officers. At the federal level, H.R. 1280 – the George Floyd Justice in Policing Act (which will end qualified immu- nity) is stalled in the Senate. But, it is technically still alive, despite the Supreme Court re-affirming the doctrine of qualified immunity in two cases in October 2021. Our lobbyist, Stephanie Johnson, and our Legislative Committee provide many opportunities for us to exert political influence. Local Chiefs of Police Associations can also positively affect state legislation. However, this is dependent upon the willingness of police chiefs to establish relation- ships with their local legislators and offer input. Local Chiefs of A recent case demonstrates this point. In July, the Lenawee County Chiefs Association met with Police Associations a Representative who was a proponent of House Bills 4670-73, which would have deconstruct- can also positively ed Michigan’s Truth in Sentencing. Despite their unanimous opposition and that of the MACP, the Michigan Sheriffs’ Association, Attorney General Dana Nessel, the Prosecuting Attorneys affect state Association of Michigan, and victim’s rights groups, the Representative still testified in favor of the bills. The bills were narrowly reported out of committee and onto the House floor. legislation. However, this is dependent The MACP sent a letter of opposition to the Representative, reiterating our position and asked that the Representative put the wellbeing of crime victims and public safety ahead of convicted crim- upon the willingness inals. Every media outlet in Lenawee County was to be copied on the letter. The Representative of police chiefs was put on notice that we intended to widely distribute it in Lenawee County. Within hours, the Representative contacted the MACP for a discussion. Distribution of the letter has been placed on to establish hold and the MACP was assured that the bills would not come up for a vote. relationships with This is just one example of why today’s police professionals must embrace change and become po- their local legislators litically active on a much wider scale. If we do not, those outside of the law enforcement profes- sion will dictate how we do our jobs. And I am quite certain we may not like their direction or de- and offer input. cisions. 6 WINTER 2022
ACCREDITATIONNEWS The law enforcement accreditation program continues to grow. The Berkley Public Safety Department became the 100th law enforcement agency to enter the accreditation process, bringing the total to 103 participating agencies. At the completion of the February meeting of the Michigan Law Enforcement Accreditation Commission (MLEAC), there will be 44 fully accredited police agencies in the state...a significant professional achievement. There will also be 14 agencies who will become reaccredited after their initial three-year accreditation period expired. The Standards Manual will be undergoing a thorough review starting in January. A select com- mittee of experienced assessors, accreditation managers, and commissioners will be conducting a comprehensive, line-by-line review of the standards. We believe some mandates such as use-of- force de-escalation guidelines, a subset within a current standard, may be expanded to become an individual standard. There are also some topics, such as reporting officer separation to MCOLES, that may become a new standard. This project may take a few months so if you have any sugges- tions, please forward them to my email at nrossow@michiganpolicechiefs.org. Neal Rossow There have been some preliminary discussions with Director Jeff Troyer, Chair of the State 911 Committee (SNC), to begin work on a Communications Center Accreditation Program. That pro- gram would have a separate commission with its own set of standards and bylaws. Plans are to give compliance reciprocity to some overlapping standards between the MLEAC program and the new Communications Center Accreditation Program. The plan would also include standards that are currently being used by the SNC for communication center audits. We hope to meet with the com- bined subject-matter expert and select committee to begin work on the project early in 2022. Feel free to reach out to me if you have suggestions for this new program. I attended a meeting of AccredNet in Charleston, SC. AccredNet is a federation of state law enforce- ment accreditation entities, which provide guidance, advocacy, and support to advance law en- forcement accreditation at the state level. They promote excellence in policing through standards that reflect state and national professional best practices. The members voted to consider chang- ing their bylaws to increase advocacy of state accreditation programs. Far more police agencies are On behalf of the accredited by state commissions than by the Commission on Accreditation for Law Enforcement MLEAC, I want to Agencies (CALEA), the national organization. Harry Delgado, of the New Jersey Association of Chiefs of Police, is truly the reason we have state accreditation here and was elected the first chair- personally thank man of AccredNet. I have the honor of being the first treasurer of AccredNet. the retiring Chief On behalf of the MLEAC, I want to personally thank the retiring Chief Paul Tennies of the Northville Paul Tennies of the Township Police Department for his dedication and service to the Michigan Law Enforcement Accreditation Program. He has been a tireless advocate for the program and is a skilled and expe- Northville Township rienced Commission assessor. He always volunteered his time, and that of his department, to help Police Department other agencies navigate the accreditation process. We wish him good luck with his future endeavors and are hopeful he can remain part of the program. for his dedication and service to We are offering monthly Accreditation Manager Training and if you are thinking about entering the program, I suggest you send everyone who will be part of the process. This is especially critical for the Michigan the chief executive of the police agency. It is important that they understand the process and the extent of the work involved in achieving Accredited Agency status. Law Enforcement Accreditation And, as always, if you are “getting ready” to get ready to enter the program, YOU WON’T. Sign up and get the clock ticking! It will improve the delivery of law enforcement services throughout Program. the state. 8 WINTER 2022
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FEATURE AS PUBLIC SOLUTIONS FACE CHALLENGES, 911 LOOKS TO PRIVATE TECHNOLOGY FOR SOLUTIONS BY MICHAEL CHIME more than double the 911 funding pre- The disconnect between what is need- viously provided by the federal govern- ed and what has been given represents Scanning the news ment for 911 purposes,” it is less than 5% a longstanding underemphasis on im- today, it is easy to of the initially proposed $10 billion. proving emergency services in the United be overwhelmed by States. Desire from industry leaders to mentions of sup- Even more frustrating is that the orig- upgrade outdated technology is not new. ply chain conges- inal number still falls short of the pro- These reconciliation cuts demonstrate tion, inflation, and jected $9.7 - $12.5 billion needed to over- the lack of priority historically given to COVID-19. Somewhat lost amidst this haul 911 infrastructure over a 10-year Public Safety Answering Points (PSAPs) flood is a massive slash in proposed fund- period, according to a 2018 estimate nationwide. They also highlight a stark ing to 911 in the latest versions of the from the National Highway Traffic Safety difference in understanding between new government spending bill. The cur- Administration (NHTSA). Margaret those that are in the emergency commu- rently proposed $470 million represents Harding McGill’s recent piece for Axios nity and those that are not. This is in part some stark realities. According to the indicates that some industry advocates due to a broad lack of education around International Wireless Communications believe these estimates to be as high as what our emergency systems require. Expo (IWCE), while that number “would $15 billion. 1 The 911 professionals are responsible for aiding and assisting Americans during some of their most vulnerable mo- ments. The technology they are able to deploy is still decades behind what the everyday consumer enjoys. Where 85% of Americans now own and use smart- phones, our 911 systems are built as if they are receiving calls from landlines. Dispatchers are often left to hastily jot down handwritten notes that lose detail as they are quickly passed down the line of communication to first responders. As a result, valuable, life-saving data and in- formation is lost due to the lack of ad- vanced technology. The National Emergency Number Association (NENA) identified the need for “Enhanced 9-1-1” in 2000. In 2002, the US Department of Transportation be- gan researching NG911 and by 2004 had launched their NG911 initiative. The ini- tial proposal focused on establishing a plan for nationwide transition and adop- tion of a 911 system that was “capable of using voice, data, and video transmission from different types of communication devices and sharing this digital informa- 1. https://www.axios.com/congress-decimates-911s-digital-upgrade-845c5730-d1b2-4478-b32d-9d980793570d.html 10 WINTER 2022
tion among 911 call centers and emergen- cy responders.”2 From this point forward, Despite the promise and idealism inspired by an idea as vast NG911 has moved at what could be kindly in scope and scale as it is, it has gotten bogged down and referred to as a glacial pace. lost amidst political and technological waves. It seems clear that, in the short-term, the necessary funding will not be No meaningful progress was made to- ward implementation until 2009 with the release of design and transition plans. In 2011, the first NG911 activity standards provided at the federal level. Without funding, centers must were published. Not until 2018, when the look for alternative technologies to fulfill next-generation 911 NHTSA published its NG911 cost study, did we know the full scope of how expen- capabilities. These solutions can be found in the private sector. sive the transition might be. A year lat- er, in August 2019, a measly $110 million implementation and the remaining 29 are tems are available for utilization, not that in grants was distributed across states either seeking proposals, have only ad- they are deployed on an active basis. for further development despite the 2018 opted an initial plan, or have not provid- cost study recommending billions more. ed any data regarding progress at all. Despite the promise and idealism inspired by an idea as vast in scope and scale as As of today, only 11 of the 50 states have Nearly 20 years after the idea for NG911 it is, it has gotten bogged down and lost the capability to use NG911 technology to was developed, we have barely more amidst political and technological waves. process voice calls (i.e., are fully opera- than 20% of states that are fully NG911- It seems clear that, in the short-term, the tional). Ten states are in the process of capable. This only means that the sys- necessary funding will not be provided at 2. https://www.nena.org/page/NG911_Project MICHIGAN POLICE CHIEFS 11
FEATURE the federal level. Without funding, cen- technology developments address: Where NG911’s implementation time ters must look for alternative technolo- • Caller location horizon can be multiple years, a private gies to fulfill next-generation 911 capabil- • System resiliency solution can be in place within weeks to ities. These solutions can be found in the • Gunshot detection months. As a result of these mechanisms, private sector. • Advanced warning for citizens and despite slow progress at the govern- • License plate detection for vehicle ment level, adopted software has pushed Our team recently exhibited at the IWCE related incidents emergency communications forward. Connecting Critical Communications Expo which showcased a number of Caller location went from an unsolved The next few years will be key in deter- emerging and established companies in mystery to an essential technological de- mining the future of 911 technology. As the emergency communications arena. Of velopment for centers in under 10 years. NG911 progresses and private solutions note, multiple large corporations, includ- The proliferation of 911 calls caused by continue to play a role, the importance ing Verizon, AT&T, and L3Harris, spon- COVID-19 highlights the need for greater of interoperability will increase. Industry sored the event, highlighting the attention system resiliency to respond to increased leaders will need to further facilitate ed- that the industry is currently garnering. volume. Elsewhere, new technology mir- ucating the public on the challenges that rors many of the core functionalities of emergency professionals face on a day-to- In a survey run by IWCE, 53.9% of public NG911. This includes enabling the abili- day basis. As the understanding and ap- safety respondents said that they plan to ty to send photos, videos, and other ad- preciation for 911 grows among citizens, it purchase new 911 or Next-Gen 911 soft- vanced data. will become easier to drive change; change ware in the next five years. Currently, a that can help save millions of lives in com- variety of privately developed 911 solu- Where the government has been bogged munities around the country. tions exist in the market. AT&T is nearly down by red tape and a lack of funding, the done building out a public-safety broad- private sector has been buoyed by signif- Michael Chime is the CEO of Prepared, an emergency com- band network, FirstNet, that is meant icant venture capital funding and a man- munications startup that he co-founded while studying and to be “the first high-speed, nationwide date to grow quickly. Rather than the slow playing football at Yale University. Prepared aims to har- wireless broadband network dedicated to rip-and-replace mechanisms required to ness the power of existing technology to maximize public public safety.” Some companies’ success- transition to NG911, privately developed safety for individuals and communities around the country. es have fundamentally altered nationwide software is often designed to easily inte- Their website is preparedapp.com. Michael Chime can be 911 capabilities. The most notable private grate or sit alongside existing systems. contacted at michael@preparedapp.com. 12 WINTER 2022
BOL FEATURE CALLS IN MICHIGAN WHAT LAW ENFORCEMENT NEEDS TO KNOW tory stops based on BOL calls. In People v. 30 minutes a Huron County law enforce- Pagano, the MSC had to decide whether ment officer observed a vehicle matching a police officer had legal grounds to stop the description. The officer followed the a vehicle to investigate a possible drunk vehicle for a short period to corroborate driver based on information provided by that it matched the description provid- an anonymous caller to 911.1 ed by dispatch and then made an inves- tigatory stop. The officer did not witness In July 2016, a person called 911 to report any traffic violations in the short period BY KINGA CANIKE AND what they believed was a possible female of time he followed the vehicle. The fe- KENNETH STECKER drunk driver. The caller provided the male driver was eventually arrested for make, model, color, and license plate, as and charged with operating while intoxi- In Michigan it’s common for operating well as the direction in which the vehicle cated with a child passenger and open in- while intoxicated investigations to begin was traveling. Other information relayed toxicants in the vehicle.3 with a 911 call. These calls are commonly by the caller was that the female was out- referred to as “be on the lookout” or BOL side of her vehicle, that she was yelling In district court, the defendant argued calls. This year the Michigan Supreme at her children, “appearing to be obnox- that the traffic stop was unlawful and Court (MSC) published an important ious,” “appear[ing] to be intoxicated,” that any evidence obtained because of case on investigatory stops that involve and that the caller believed the female’s the stop should be suppressed. The court BOL calls. It is very important that law intoxication “was causing her behavior… held a hearing in which the officer testi- enforcement be familiar with this case as with the children.”2 This information was fied to the stop. No other evidence was it will impact how they handle investiga- conveyed through dispatch and within admitted, including the recording of the 1. People v. Pagano, Case No. 159981, Decided on April 22, 2021. 2. People v. Pagano, Case No. 159981, Decided on April 22, 2021 (Zahara J. concurring opinion) at 2. 3. Pagano at 2. 14 WINTER 2022
911 call. The district court sided with the vided by the anonymous caller. The MSC Navarette, an anonymous caller to 911 re- defendant and ultimately the issue went held that an anonymous tip must not only ported that she was run off the road by up to the state’s highest court.4 reliably identify the vehicle involved, but a vehicle. The caller gave dispatch the it must also be reliable in its description make, model, color, and license plate In its analysis, the MSC first stated that in the suspected criminal activity. In this number of the vehicle involved, as well the proper legal standard for determin- case, the MSC found that what the anon- as the direction in which the vehicle was ing the legality of a brief investigative ymous caller described was nothing more heading and the mile marker where this traffic stop is reasonable and articulable than a hunch that the defendant may be had occurred. This information was put suspicion to believe that a person may be intoxicated, which does not amount to out by dispatch and approximately 18 engaged in criminal activity. This inqui- reasonable and articulable suspicion.6 minutes later a California Highway Patrol ry is fact specific and decided on a case- Justice Brian Zahra stated in his concur- officer observed a vehicle matching the by-case basis. Further, the MSC held that ring opinion, “[b]eyond these facts, the description. The officer stopped the ve- an anonymous tip may be reliable enough officer’s testimony tells us nothing more hicle despite not witnessing any erratic for an investigative stop if sufficiently about why the caller or the officer sus- driving himself. Thirty pounds of mari- corroborated.5 pected that defendant was driving while juana were recovered from the trunk bed, intoxicated.”7 and both driver and passenger were sub- Applying this analysis to the facts in this sequently arrested.9 case, the MSC ruled that the officer did When dealing with investigative stops not have the reasonable and articulable that involve BOL calls, it is important to The Supreme Court of the United States suspicion required to make an investiga- also discuss the United States Supreme (SCOTUS) ruled that the 911 call con- tory stop based on the information pro- Court case of Navarette v. California.8 In tained sufficient indicators of reliabili- 4. Id. at 2-3. 5. Id. at 4-5. 6. Id. at 5-6. 7. Pagano (concurring opinion) at 2. 8. Navarette v. California, 572 US 393; 134 S Ct 1683; 188 L Ed 2d 680 (2014). 9. Id. at 395. EMPCO is proud to be the EXCLUSIVE testing vendor for the MACP. Participating agencies now have the ability to advertise open entry-level positions on the Empco website for FREE. We offer more than just entry-level exams! Assessment Centers, Oral Boards, and Written Exams can help you promote highly qualified leaders within your agency. To learn more, contact us at (248) 528-8060 or info@empco.net. MICHIGAN POLICE CHIEFS 15
FEATURE ty for the officer to be able to rely on the ing under the influence was based on the In conclusion, BOL calls are an import- caller’s version of the facts. Therefore, 911 caller’s description of being run off ant tool in helping investigate potential- the officer had the required reasonable the road, a driving behavior the SCOTUS ly dangerous drivers. The Pagano deci- suspicion to justify the traffic stop to fur- held was strongly correlated with drunk sion should not deter law enforcement ther investigate a possible drunk driver.10 driving. from moving forward on these calls. It is Justice Clarence Thomas, who wrote the only a reminder to always make sure that opinion, stated as follows: “[a] driver’s Based on the ruling in Pagano, it is im- there is reasonable suspicion to support claim that another vehicle ran her off the perative now for law enforcement re- the traffic stop. Justice Zahra reminds us road, however, necessarily implies that sponding to a BOL call that may involve of this when he wrote in his concurring the informant knows the other car was a possible drunk driver to have sufficient opinion as follows: “[e]ven so, I encour- driven dangerously.”11 information to support a lawful investi- age citizens to continue to report their gatory stop. That information includes suspicions of drunk or impaired driving, Here lays the key difference between not only a reliable description of the ve- urge police officers to remain vigilant in these two cases. Unlike in Navarette, hicle but also the specific driving be- protecting our state’s highways, and im- the caller in Pagano reached the conclu- havior associated with drunk driving. A plore prosecutors to use all available ev- sion that the defendant may have been great resource that lists these common idence to ensure that an accurate and intoxicated because the defendant was drunk driving behaviors that was also complete record is developed.”15 yelling at her kids and acting obnoxious. referred to by the Navarette court is the Views expressed in this article are those of the authors. The MSC held this was “little more than Visual Detection of DWI Motorists put out Please consult your prosecutor, local counsel, or com- a conclusory allegation of drunk driving, by the National Highway Traffic Safety manding officers if you need any further guidance on any- which is insufficient to pass constitution- Administration.13 It is a list of driving pat- thing discussed in this case or before changing proce- al muster.”12 terns strongly correlated with drunk driv- dure. For more information on the Prosecuting Attorneys ing in which all law enforcement officers Association of Michigan Traffic Safety Training Program, In Navarette, the reasonable suspicion involved in impaired driving investiga- contact Kenneth Stecker or Kinga Gorzelewski Canike at that the defendant may have been driv- tions should be familiar.14 steckerk@michigan.gov or canikek@michigan.gov. 10. Id. at 398-399. 11. Id. 12. Pagano at 7. 13. Navarette at 402. 14. https://www.nhtsa.gov/sites/nhtsa.gov/files/808677.pdf 15. Pagano (concurring opinion) at 5. Learn how you can: • Keep in Touch with the Police Community • Pay Lower Fees • Continue to Receive our Magazine • Explore our Special Retiree Forum 16 WINTER 2022
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FEATURE A CIRCLE OF GIVING 18 WINTER 2022
BY DAN FOLEY came to fruition. At no cost to the fam- law enforcement officers commemorat- ily, the program provides a customized ing each family’s loss. Around 2006, stainless steel burial vault (or urn/vault in the mid- if cremation has been chosen) as well as In 2002, WFSI created the Wilbert dle of planning graveside burial arrangements to any law Foundation with a focused goal of caring my first hon- enforcement officer, fire fighter or EMS for children suffering from sickness, trau- or guard train- technician who dies in the line of duty. ma, grief, and death. This foundation sup- ing school to ports The Pediatric Chaplains Network be hosted in It is truly rare in today’s world that you and hospitals nationwide with grants, Wyandotte, MI, can find anyone who wants to give for the funding and supplies and is approaching I found myself in need of some special- right reasons without expecting anything an estimated $860,000 in monetary and ized, technical information which would in return. And yet, here is WFSI gener- product contributions. help me to properly host this training ously and nobly supporting the families program. After several inquiries, I was put of fallen first responders in their darkest In early March 2020, Terry Whitlock, in contact with the Detroit Wilbert Vault hour. Sr. Vice President of Licensee Products Company and, subsequently, Wilbert & Services at Wilbert Vault, asked how Funeral Services, Inc. To date, the First Responders Program first responder line of duty deaths from has served the families of approximate- or related to COVID were being handled. The Wilbert Corporation, whose history ly 1,103 first responders nationwide and At that time, much was unknown as this dates back to the 1880’s, and their current has provided for 33 law enforcement pandemic was in its very early stages. It 192+ licensees throughout the United States and Canada, make them the indus- try leaders in burial vaults and supplies to “The most truly generous persons are those who give silently without hope of praise or reward.” the mortuary industry. – Carol Ryrie Brink Wilbert manufactures the finest burial vaults available, and while most would never know, many of our nation’s lead- ers, celebrities, and sports greats are in- families in Michigan. In total, WFSI and would be months before the Public Safety terred in a Wilbert vault. And so, a simple their licensees have donated a total of Officers Benefits would officially cov- inquiry back in 2006 began my relation- $1,225,000 in burial benefits to first re- er deaths attributed to COVID (August ship with this amazing, genuinely com- sponder families. 2020) and at that time, WFSI made a passionate, and caring company. commitment to contribute. I can attest, firsthand, that a gift of this Wilbert Funeral Services, Inc (WFSI) nature provided to the family at the time In March 2021, WFSI inquired as to and their licensee, Detroit Wilbert Vault of death can accomplish many things: where they could direct a monetary do- Company, began taking a vested interest • It offers the grieving family consider- nation of $100,000. After considerable in the honor guard training I was coordi- able relief during the funeral planning thought, the First Responders Children’s nating, and consequently, the Sheriffs & process. Foundation (FRCF) based out of New Municipal Memorial Assistance Response • It assists the grieving family finan- York was recommended and WFSI was Team (SMMART), who coordinates the cially as this benefit is provided at no placed in touch with Bob Stanberry (re- line-of-duty death funerals for Michigan’s cost. tired Hudsonville, MI Chief of Police) the fallen law enforcement officers. • It offers comfort in knowing their Chief of Staff for FRCF. loved ones will be properly cared for Around 2011, WFSI reached out to me at the time of burial (or cremation) in For more than 20 years, FRCF has been to help them develop a program to as- a Wilbert product of the finest quality. quietly and diligently working behind the sist the families of fallen first respond- scenes to care for the children and fami- ers to be implemented across North Since 2006, WFSI has attended National lies of fallen first responders. Grants to America and Canada. I was honored to Police week in Washington, D.C. and has the families who are enduring financial assist. Following this conversation, the presented 2,764 custom-framed litho- hardships, college scholarships, educa- Wilbert’s First Responders Program graph art prints to the families of fallen tional activities and programs that bene- MICHIGAN POLICE CHIEFS 19
FEATURE fit children or the communities in which nancial hardship, including 145 grants to that must be above all others. Because they reside are supported. FRCF also pro- Michigan law enforcement officers. of this, you are always on guard as dona- vides hardship grants, personal protective tions frequently come with a catch. equipment, and hotel accommodations to In 2021, FRCF supported the annual first responders working the front lines SMMART Honor Guard training by donat- These are two organizations whose goals are during the pandemic. And lastly, the FRCF ing many items for students attending the to quietly care for the families of our fallen offers to pay for the funeral expenses for program. In December 2021, MICOPS re- first responders at their worst possible mo- any law enforcement, fire or EMS employ- ceived a shipment of several pallets of toys ment, and beyond. It is my honor and privi- ee killed in the line of duty. from FRCF to be distributed to children at- lege to be associated with WFSI and FRCF. tending their annual Christmas Luncheon FRCF has cared for the children and fami- on December 5th in Lansing, MI, as well as Please consider supporting Wilbert Funeral lies of our fallen in all 50 states. However, a monetary donation to offset the cost of Services, Inc., The Wilbert Foundation, with Bob Stanberry’s Michigan ties and the luncheon. This gift offered comfort and the First Responders Children’s presence, we have had the opportunity to and joy to the children of Michigan’s fall- Foundation as they continue in their efforts experience their kindness and generosity en heroes during Christmas, and finan- to help so many others in need. For more firsthand. cial support for MICOPS, the organization information, please visit www.wilbert.com/ that supports their families. giving-back and https://1strcf.org/about. In 2020, Michigan police departments, fire departments and hospitals re- THE CIRCLE OF GIVING Daniel R. Foley is a retired 27-year veteran of the Wyandotte ceived desperately needed PPE equip- In law enforcement, rarely do you see or Police Department in Michigan. He serves as the Memorial ment during the height of the pandem- Affairs/Honor Guard Coordinator and Instructor for the experience such genuine, heartfelt gen- Sheriffs & Municipal Memorial Assistance Response ic when supplies were incredibly scarce erosity…and for the right reasons. In our Team (SMMART) and is an Advisor for the National Law and 374 grants were issued to Michigan profession, we operate under a code of Enforcement Officers Memorial Fund/BJA. He can be con- first responder families experiencing fi- conduct, morals, ethics, and character tacted at Axelf63@wyan.org or (734) 365-3577. 20 WINTER 2022
FEATURE THE FIELD TRAINING AND EVALUATION PROCESS BY BRUCE A. Both will minimize candidates slipping rion of persons fresh from Basic Training/ SOKOLOVE through who lack literacy block and tack- Certification. le skills. Field Training Officers and First Michigan’s H.B. 5522 Line Shift Supervisors should not have to The Field Training and Evaluation and its H-2 substitute substitute as English teachers. Process was never intended to hold adult could very well jump- learners hostage. Any early release op- start law enforce- When new hires enter the Field Training tion for lateral candidates should focus ment recruitment, and Evaluation Process portal, the para- on the execution of the requisite training retention, and train- mount focus is on building a better and tasks. Report-based and tactical response ing heading into 2022. Unprecedented more self-reliant police officer by con- role-playing can substitute for actual call resignations and early retirements have tinuing where the Michigan Commission handling when shift activity does not af- placed incredible strain on departments on Law Enforcement Standards Basic ford ample opportunity for training task attempting to return to authorized sworn Certification Curriculum and college execution and certification. The bottom personnel levels. studies left off. It is not a glorified ride- line is ensuring that the Field Training along, but an ample opportunity to con- and Evaluation Process has had sufficient Showcasing an agency’s comprehen- nect the curriculum with agency and opportunity to view the candidate con- sive on-boarding and Field Training and community law enforcement standards sistently performing at acceptable per- Evaluation Process can be a game-chang- and expectations. Field Training is not formance standards. The best-case sce- er for attracting new acquisition and lat- checking boxes, but rather ensuring un- nario is that the lateral candidate’s prior eral transfer personnel. Agencies never compromised execution of the mandato- service will successfully compress the get a second opportunity to make a pos- ry Training Tasks leading to solo patrol Field Training and Evaluation Process itive first and lasting impression, attract- certification, timely feedback, and en- timeline requirements in a fraction of ing the brightest and best in these excep- hanced coaching. the time. There are no guarantees other tionally competitive times. than the Field Training and Evaluation The job becomes a content-valid test Process serving as a viable safety net FIELD TRAINING UNITS TO THE RESCUE to ensure first quality law enforcement to guard against compromised street Utilization of Field Training Officers as services. To the probationer, the Field performance. cross-trained background investigators Training Officer is the department’s role (including competency-based interview- model. It is imperative that the Master Agencies cannot afford to place the Field ing and detection of deception training) Police Coaches (aka Field Training Training and Evaluation Process on auto- during mandatory qualified applicant Officers) walk the talk. Field Training matic pilot. Patrol shift supervisors and ride-alongs afford prospective candidates Officer candidates must be thoroughly command staff are the lynchpins that hold with an up-close view of the department screened to insure they possess the req- the process together with ongoing review and community served, as well as a bet- uisite communication skills and the pa- of the probationer’s performance. Their ter insight into whether the agency is a tience necessary to build a better cop. involvement is the quality assurance that good fit. The focus must be on secur- the Field Training Officers compressive- ing career-focused personnel, not those The Daily Observation Report becomes ly utilize the various instructional and simply looking for a job. The agency an interactive game film during the shift. coaching tools (e.g., commentary driving, also gains an invaluable look at the can- Probationers need guidance, not grades, scenario-based verbal testing, tactical re- didate from roll call to the shift’s close, marks, or scores. Performance assess- sponse role playing, report-based role particularly interpersonal communica- ment is measured against the Uniform playing, drive-bys, onboard navigation, tion and spontaneous engagement skills. Method of Task Execution in the Training etc.). Talking is not training. A written end of ride-along synopsis on Tasks, thereby eliminating subjectivity. a computer or table, without grammar or The probationer’s seniority, or the lack Accordingly, command staff must be spell check, serves as a very useful liter- thereof, is an irrelevant (and unlawful) thoroughly familiar with Field Training acy skills assessment. Writing samples performance criterion. Accordingly, a lat- and Evaluation Process protocols. The are assessed with Microsoft Word’s ex- eral candidate’s performance assessment active involvement of shift supervisors tensive tools and the free online Flesch- is in comparison with the same Uniform and command staff enhances the indis- Kincaid Grade Level Readability Calculator. Method of Training Task Execution crite- pensable team building by sending an 22 WINTER 2022
unmistakable message that stripes, bars, Over his 19 years with the Minneapolis requisite training, feedback, and coaching and stars are part of a viable team fo- Police Department, he racked up seven- tools. Agencies would be well served to cused on organization development. teen misconduct complaints and was in- have each probationer reflect and provide volved in four on-duty shootings or other feedback after a few months of achieving The weekly face-to-face meetings with fatal encounters. Step V (solo patrol certification) on two the Field Training Officers and proba- essential questions: tioners focus on progress to certify train- Yet, despite an ever-thickening person- • How did the Field Training and ing tasks, review of problem-oriented nel file, Chauvin continued to serve as Evaluation Process best prepare you proactive patrol plans focused on hot a Field Training Officer, even mentoring for your current duties? spot areas when not addressing calls for one of the two probationers who first • If you could wave the magic wand, service. Qualitative self-initiated field ac- interacted with Mr. Floyd outside of a what would you modify and why? tivity is evidenced in the number of con- south side convenience store during his tacts in high-crime areas ranging from arrest. In body camera footage, it was Constant review and updating of the porch pirates, smash and grabs from ve- revealed that Step V (“just released to Probationary Officer Manual (aka, “Rook hicles, checking on crime victims, proac- solo patrol”) probationer J. Alexander Book”) is essential or the process los- Field Training is not checking boxes, but rather ensuring uncompromised execution of the mandatory Training Tasks leading to solo patrol certification, timely feedback, and enhanced coaching. tive traffic enforcement in high crash ar- Kueng, referred to Chauvin as “sir.” The es its effectiveness and credibility to ad- eas, and sex offender check-ins, to name a other probationer, Thomas Lane, fol- dress contemporary law enforcement few of the critical functions of patrol op- lowed Chauvin’s direction to stay put challenges. An adequately administered erations. Preliminary case building is also after he asked whether Floyd should be Field Training and Evaluation Process is enhanced which minimizes supervisory repositioned as they pinned him to the a literal safety net for the agency and the review and kick-back for revision. ground before he lost consciousness and community it serves. There should be no died. The two terminated Step V proba- hidden agenda but simply the objective The care and feeding of the Field Training tioners go to trial in Hennepin County of building a better self-reliant police officer Unit is imperative. Inadequate ratios of in March 2022. with minimal need for direct supervision. Field Training Officers to probationers can cripple any agency’s attempt to do Gordon Graham, J.D., America’s premier Bruce A. Sokolove (Coach Sok) is the President of Field Training Associates. He earned a Bachelor of Arts de- it right. Field Training Officer burn- risk manager, says it best that “…predict- gree from the Massachusetts College of Liberal Arts and out created by non-stop training assign- able is preventable.” A well-managed Field a Master of Science degree in Police Administration from ments, pressures to handle and clear calls Training and Evaluation Process can sig- Michigan State University. for service coupled with the pressures to nificantly reduce citizen complaints and clear probationers for solo patrol certifi- lawsuits. Agencies can properly invest Coach Sok served as a Police Officer in North Adams, Massachusetts, and the City of Ann Arbor Police cation results in disincentives to serve in in the comprehensive training to certify Department in Michigan. He served as the Administrative the position. In some agencies, the lack probationers for solo patrol entrustment Assistant to the Office of the Chief of Police. Coach Sok of incentives (pay, additional benefits, or pay the heavy price later in retention additionally served as the Executive Officer – Patrol training, etc.) creates turnover and the of substandard personnel. Commander and Undersheriff of the Washtenaw County dearth of sufficient interest to serve in Sheriff’s Department (Ann Arbor, MI). He is a past presi- dent of the Michigan State University’s School of Criminal the position. Quality control assessments are essen- Justice National Alumni Advisory Board and was inducted tial to ensure that the goals and objec- into MSU’s Wall of Fame in 2011. In addition, he served on The criterion for Field Training Officer tives of the Field Training and Evaluation the International Association of Chiefs of Police Task Force selection came under deep focus fol- Process are being attained. The weekly on Re-Entry of Law Enforcement Personnel Returning from lowing the death of George Floyd in face-to-face meetings between the pri- Combat Operations. He is an Executive Board member of the Badge of Life, a nonprofit 501(c)(3) organization with Minneapolis on May 25, 2020, when it mary Patrol Shift Supervisor with the the mission of promoting wellness for law enforcement was revealed during the trial and subse- Field Training Officer and probationer personnel and proactively reducing the incidence of police quent conviction of former Minneapolis provide an ongoing assessment of their suicide. Coach Sok can be contacted at Coachsok@police- Field Training Officer Derek Chauvin. relationship but also the utilization of the fieldtraining.com. MICHIGAN POLICE CHIEFS 23
WINTER PROFESSIONAL DEVELOPMENT CONFERENCE PREVIEW FEBRUARY 9-11, 2022 | AMWAY GRAND PLAZA PROGRAM-AT-A-GLANCE Tuesday, February 8 10:00 am - 12:00 pm 3:00 pm - 3:50 pm 1:00 pm - 1:50 pm (Concurrent Session) MLEAC Hearings Cutting Edge Updates on Clarifying Misrepresentations About International Smuggling and How Law Enforcement Interrogation 1:00 pm - 3:00 pm it Impacts Your Community Techniques MLEAC Commission Meeting Hernan Albamonte Joseph Buckley 3:00 pm - 4:00 pm Philip Morris International John E. Reid & Associates MiPAC Meeting 4:00 pm - 5:00 pm 1:00 pm - 1:50 pm (Concurrent Session) MMRMA Meeting What Process is Due? A Look at Wednesday, February 9 Due Process in Public Employment 8:00 am - 6:00 pm 4:00 pm - 6:00 pm Ryan Fantuzzi Registration Open Exhibitor/Attendee Reception Kirk, Huth, Lange and Badalamenti, PLC 8:30 am - 9:00 am 2:00 pm - 2:50 pm (Concurrent Session) Opening Session - MACP Thursday, February 10 FOIA Basics for Police Agencies 8:00 am - 3:00 pm Lori Hinkley 9:00 am - 12:00 pm Registration Open Michigan State Police KEYNOTE PRESENTATION: Walking 9:00 am - 12:00 pm 2:00 pm - 2:50 pm (Concurrent Session) with the Wounded: Leadership, Exposition Open Organization and Peer Response to Updates to the Michigan Vulnerable Life-Changing, Line-of-Duty Injury 9:00 am - 9:50 am Adult Team's Protocols Scott Ehlfeldt Lt. Andy Sutton (Ret.) "That'll Cost Ya!" Prosecuting Attorneys Association of MI Sgt. Bob Bemis (Ret.) Matt Heins; MI Municipal League The Wounded Blue Audrey Forbush; Plunkett Cooney, PC 3:00 pm - 4:00 pm 12:00 pm - 6:00 pm Reinvesting in Traffic Safety Post - 2020: 10:00 am - 10:50 am Civil Unrest and COVID Exposition Open The Special Needs Population: Chief Brett Railey (Ret.) 1:00 pm - 1:50 pm Holistic Considerations to The Digital Decision Law Enforcement Brain Health, Maximize Departmental 5:00 pm - 7:00 pm Moods and Behaviors - Essential and Effectiveness of Interactions with Attendee Reception Revolutionary Ways to Keep your LE Personnel Officers Healthy and Safe Dr. Stephanie Zoltowski Legislators-of-th e-Year Presentation Dr. Joel Robertson Spectrum Training Solutions, LLC Robertson Research Institute Friday, February 11 11:15 am -12:00 pm 9:00 am – 12:00 pm 2:00 pm - 2:50 pm KEYNOTE PRESENTATION: Find ‘Em, Metabolic Disease and Officer Exhibit Prize Drawings Hire ‘Em, Keep ‘Em: Why Culture Counts Wellness: The Health Crisis Impacting Must be present to win Rick Taylor Law Enforcement Professionals and Command Presence One Chief's Story Chief Jerrod Hart 12:00 pm Saline Polce Department Conference Concludes OF E S SION AL D PR EV STER TER EL O R E G I AT 2 2• W I N PMENT C ONFER NOW ICHIGAN .M WWWPOLICE G 0 R 1, 2 H I E FS.O 1 C E NC - 9 24 WINTER 2022 E•F EB R UARY
FEATURE ILLICIT TRADE: A GROWING THREAT TO MICHIGAN BY KRISTIN REIF This is a particularly big challenge for from communities that desperately need Michigan. While most Americans pic- the funding. Just a few months ago, more The global pandemic ture border states as being located in the than 600,000 counterfeit N95 masks3 has been a challenge American southwest, Michigan is home were seized at a warehouse in Detroit – a for Americans from to one of our nation’s busiest internation- reminder that contraband often takes the every walk of life, al borders. The border crossing, between form of more than just illicit drugs and but an under-rec- Detroit and Windsor, Canada alone, sees tobacco. In fact, one of the backbones of ognized phenome- more than 13,000 trucks and 25,000 au- Michigan’s economy, the automotive sec- non has been its impact on law enforce- tomobiles driving through on a single tor, loses an estimated $3 billion a year4 ment. Nationally, violent crime increased day. This border is responsible for more due to service parts counterfeiters. by five percent1 from 2019 to 2020 and than $206 billion in international trade Michigan has the 10th highest violent annually, but it also leaves Michigan vul- What’s misunderstood by many is that crime rate in the nation. Efforts to com- nerable to bad actors. smuggling and the sale of counterfeits bat crime are typically centered locally, are not victimless crimes. On the con- as police chiefs know all too well. But the In 2020, Michigan officials alerted the trary, these crimes are inextricably tied to root causes of crime are frequently glob- public that over a three-month span, more nefarious crimes. Criminal organi- al in nature, with illicit trade serving as more than 150,000 bottles of wine were zations like gangs, cartels or even terror a driving monetary force for many local illegally shipped into the state,2 hurting groups such as Al Qaeda use seemingly crimes. small retailers and diverting tax revenue less harmful crimes like selling knock- 1. https://www.thecentersquare.com/michigan/how-the-violent-crime-rate-in-michigan-compares-to-other-states/article_48e837fe-48b4-5143-a6e0-859396ba1573 2. https://www.fox47news.com/news/local-news/nearly 130,000 bottles of wine illegally shipped to Michigan (fox47news.com) 3. https://www.clickondetroit.com/news/defenders/2021/10/01/more-than-622000-counterfeit-n-95-masks-seized-before-reaching-metro-detroit-hospital/ 4. https://www.usait.org/states/michigan/ 26 WINTER 2022
During the past two years of the coronavirus off sneakers or counterfeit cigarettes — which costs Michigan taxpayers more pandemic, the shadowy network of black-market than $200 million per year5 — to fund their more nefarious and evil crimes like profiteering has exploded. terrorism, human trafficking and drug smuggling. Michigan knows all too well the horrible needed. It is estimated that illegal trade is better educate and coordinate efforts to consequences of this criminal behavior. a $2.2 trillion a year industry,10 but it’s im- combat illegal trade. Twelve counties in Michigan have been possible to know for sure. While corpora- labeled as high-intensity drug traffick- tions are required to publish quarterly in- USA-IT is partnering with organizations ing areas6 by the Office of National Drug come statements, criminals do not. What like the Michigan Association of Chiefs Control Policy. Furthermore, Michigan we do know is the problem is getting worse. of Police so we can better understand had the seventh-most deaths in the coun- the problems facing local law enforce- try from cocaine with 768 fatalities in During the past two years of the corona- ment and identify ways we can help. 2018. The state also ranks 7th in the U.S. virus pandemic, the shadowy network of For example, one frequent comment in human trafficking cases,7 reporting black-market profiteering has exploded. we have heard from law enforcement 1,871 cases since 2007. The online sale of counterfeited goods is the challenges of cross-jurisdictional has skyrocketed nearly 40 percent since crimes. Even when an illicit trade net- Being a border state poses unique chal- January of 202011 as criminals took ad- work is identified, it can be a nightmare lenges for Michigan, but much of illic- vantage of the supply chain breakdowns for police to coordinate with prosecu- it trade is also happening state-to-state. and intense consumer demand. tors on where and how to take it down. Last year, more than $150,000 in drugs8 This is one area where greater coordina- — including more than 1,100 grams of The criminal organizations that oper- tion between local, state and federal of- heroin and nearly 300 grams of lethal ate on the black market are clever. They ficials can be productive. fentanyl — were seized by law enforce- use a wide range of devious and con- ment officials after two Michigan resi- stantly changing techniques to evade In addition, law enforcement train- dents failed to move the deadly narcotics law enforcement. Their rapid ability to ing sessions like the one we will hold across state lines to Ohio. establish new revenue streams through at this year’s 2022 Winter Professional innovation is highly effective and often Development Conference hosted by the While the fentanyl epidemic is new, underestimated. MACP, will give us an opportunity to these cross-border illicit actions are not. bring together officials from around the Michigan is actually home to one of the Without greater coordination, this crimi- state and share critical information on most infamous illicit trade schemes in nal activity will continue to spread. That’s the many ways in which criminals en- our nation’s history. Twenty years ago, why we have to fight back. gage in low-risk, high-reward black mar- Operation Smokescreen9 brought togeth- ket profiteering. er local law enforcement with federal of- COALITION BRINGS TOGETHER PUBLIC AND ficials to break up an illegal tobacco net- PRIVATE SECTORS TO COMBAT ILLICIT TRADE Overall, expanding access to quality train- work. In that case, criminals were buying Last year, Philip Morris International ing for law enforcement agencies at every cigarettes in North Carolina, where to- brought together leaders in the public level will be essential. So, as Michigan’s bacco taxes were cheaper, and re-selling and private sectors to form a new coali- leaders and decision makers continue to them in Michigan. The profits from this tion – United to Safeguard America from build out training curriculums for law en- effort were then being used to fund ter- Illegal Trade (USA-IT). USA-IT is uniting forcement officials, they should consider rorist operations by Hezbollah. government and law enforcement lead- adding programs that focus on identify- ers from the federal, state and local lev- ing the signs of illegal trade and the many These examples are evidence of good po- el with leading experts from companies forms of crime connected to the black lice work, but we know that more help is and trade associations. Our mission is to market. 5. https://www.usait.org/states/michigan/ 6. https://www.usait.org/states/michigan/ 7. https://www.usait.org/states/michigan/ 8. https://www.abc6onyourside.com/news/local/three-arrested-after-140000-worth-of-heroin-fentanyl-and-marijuana-seized-by-oshp 9. https://www.atf.gov/our-history/operation-smokescreen 10. https://www.washingtonpost.com/brand-studio/wp/2021/11/16/united-to-safeguard-america-from-illegal-trade/ 11. https://www.washingtonpost.com/brand-studio/wp/2021/11/16/united-to-safeguard-america-from-illegal-trade/ MICHIGAN POLICE CHIEFS 27
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