Training Advisory Council Official Recommendation - Instill Continuous Quality Improvement in the PPB Training Division and the Bureau as a Whole
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Training Advisory Council Official Recommendation Instill Continuous Quality Improvement in the PPB Training Division and the Bureau as a Whole pg. 0
Table of Contents Team (in alphabetical order) ......................................................................... 2 Acronyms Used in This Recommendation .................................................. 2 Executive Summary of Recommendations .................................................. 3 Recommendations in Detail .......................................................................... 4 Recommendation 1: Instill CQI as a core basis for the TD and eventually the PPB as a whole. ................................................................................................... 4 Recommendation 2: Increase investment in data analysis and research. ..... 8 Recommendation 3: Begin collecting anonymous reports to assess the effectiveness of ABLE. ...................................................................................... 11 Recommendation 4: Participate in planning for the appropriate use, accessibility, and storage of recordings of PPB/citizen interactions taken by members’ BWCs, stops data, and other reporting methods. ........................ 12 Recommendation 5: Enroll in the National Police Foundation’s Near Miss Reporting program. ........................................................................................... 15 Recommendation 6: Invite community review and feedback for all new training and appropriate access to archival records of previous training. .. 16 Recommendation 7: Institute contact surveys to assess procedural justice, quality of service. .............................................................................................. 18 References and Sources ............................................................................. 19 Appendix: Possible Anonymous ABLE Moment Reporting Form ........... 26 pg. 1
INSTILL CONTINUOUS QUALITY IMPROVEMENT IN THE PPB TRAINING DIVISION AND THE BUREAU AS A WHOLE Team (in alphabetical order) • Nathan Castle • Albyn Jones • Jim Kahan • Phil Levinson • Mark Schorr • Sylvia Zingeser The CQI team wishes to thank those TD and TAC members who provided constructive criticisms of earlier drafts of this recommendation. Acronyms Used in This Recommendation • ABLE: Active Bystandership for Law Enforcement • AI: Artificial Intelligence • BIPOC: Black, indigenous, and people of color • BOEC: (Multnomah County) Bureau of Emergency Communications • BWC: Body-Worn Camera • COCL: Compliance Officer and Community Liaison (of the Department of Justice/City of Portland Settlement Agreement; contracted to Rosenbaum & Associates LLP, Chicago, Ill.) • CQI: Continuous Quality Improvement • LEO: Law Enforcement Officer • NPF: National Police Foundation • NTSB (United States) National Transportation Safety Board • PPB: Portland Police Bureau • QR: Quick Response code – a 2D barcode that can be used to share web links • SOP: Standard Operating Procedure • TAC: Training Advisory Council of the PPB • TD: Training Division of the PPB pg. 2
Executive Summary of Recommendations The TAC makes the overarching recommendation that: 1. The Dean of Training should work with PPB leadership, TD staff, the TAC, and other PPB Operational Councils and Community and Culturally Specific Councils to instill CQI as a core basis of PPB’s training, with the eventual goal of making CQI a core basis of the PPB as a whole. To support this overarching recommendation, the TAC further recommends in the areas of data collection, data analysis, and community engagement that: 2. The PPB should invest in comprehensive data collection and analysis capabilities to exceed minimum operational and compliance needs and advance the state of the art for public safety research and performance analytics. 3. The TD should assess the effectiveness of the ABLE course by providing all units with a simple form for anonymously recording “ABLE moments”1. 4. The TD should be included in planning for the appropriate use, analysis, accessibility, and storage of recordings from BWCs, stops data, and other sources to ensure that they are useful as tools to improve training. 5. The PPB should enroll in the NPF anonymous reporting system for “near misses” when officers have been faced with the possibility (that fortunately did not happen) of injury or death. 6. Invite community review and feedback for all new training and appropriate access to archival records of previous training. 7. The PPB should institute an ongoing customer service feedback program, including contact surveys that proactively seek feedback from service users and a passive feedback survey that can be included on officer business cards as a link and QR code. 1 An “ABLE moment” is any situation when an officer intervenes and successfully prevents another officer from engaging in actions that would be illegal or out of policy; the early intervention resulted in the other officer’s actions not requiring reporting. pg. 3
Recommendations in Detail Recommendation 1: Instill CQI as a core basis for the TD and eventually the PPB as a whole. The TAC believes that this CQI orientation should be based upon achieving excellence in performance, including the three pillars of the recently delivered ABLE course (Georgetown Law School Innovative Policing Program, 2020) completed by all sworn officers: 1. Prevent misconduct 2. Reduce mistakes 3. Promote member health and wellness The TD should start by explicitly implementing CQI within its own processes. It should then develop training for the Advanced Academy explaining what CQI is, what its purpose is, and how it will positively affect officers’ jobs. Background The invocation of CQI as a core basis for PPB training reflects the mission of the TAC to provide “ongoing advice to the Chief of Police and the bureau’s Training Division in order to continuously improve training standards, practices, and outcomes through the examination of training philosophy, content, delivery, tactics, policy, equipment, and facilities” (Training Advisory Council Bylaws, 2020). CQI began as a concept for production of goods. Its origin and growth are attributed to the work of W. Edwards Deming, a statistician who developed his ideas in post-World War II Japan and was considered responsible for the global surge in popularity of Japanese products such as automobiles, cameras, and electronic equipment (Deming, 1982; Mann, 1985; Wikipedia. no date). The basis of the concept is that concern for quality should be part of the entire production cycle from conceptualization through design, manufacture, marketing, and customer experience. Moreover, at each stage, the concern should be part of the task of all participants in the effort, as opposed to top-down direction. Such an approach should lead to understanding where and how to improve each aspect of the production process. While the origins of CQI are in production, it soon came to be understood that the concept also applied to delivery of services. Public safety is a service provided by law enforcement, fire, and other professionals, and CQI applies to public safety in a straightforward manner. More specifically, adopting a CQI orientation can enable the PPB to become more of a learning organization, open to information from the communities it serves, its own membership, and scientifically based evidence. This information can be used to refine the PPB’s mission, policies, procedures, directives, leadership practices, and training in order to fulfill its vision of being committed to protecting in an pg. 4
equitable manner all of the communities it serves in a manner that minimizes harms. The TD is a necessary, but not a sufficient unit within the PPB to establish a CQI orientation. Early incorporation of CQI at the TD will facilitate the incorporation of CQI expertise within all of the PPB. This is because training is the principal method of improving quality once evidence has identified the specific areas that need to improve. For the TD itself, quality improvement encompasses not only what to train, but how to train, as well as the appropriateness of the training criteria themselves. All three pieces rely on an expanded use of high-quality real-time feedback to the TD. The very recent transfer of the PPB Policy Group, formerly within the Office of the Inspector General, to the TD is a welcome step in that direction. As the TD builds experience using and demonstrating a CQI orientation, members will naturally gain exposure to CQI concepts. The TD can demonstrate commitment to CQI by highlighting CQI in after-training surveys and encouraging trainers to describe how CQI is improving their own work. Challenges While CQI is relatively easy to state, embedding it within an organizational culture can be difficult. That said, organizations tasked with such diverse services as health services delivery and transportation safety have established CQI cultures. Fitting these successes into the context of law enforcement will require an effort, but we believe it is well within the capacity of both the TD and the PPB. Here, we identify several challenges that must be considered. Creating Trust The biggest challenge to instilling a CQI orientation as a basic part of PPB operations and training is that it is a cultural change, and—as such—requires trust. Officers must trust that participation in the CQI process will not be used to their detriment. City Hall must trust that CQI processes are being used to improve processes and training, and that individuals engaged in deliberate misconduct (rather than process defects or mistakes) can still be held accountable. As learning and positive outcomes from the CQI program accumulate, they can be used as evidence that PPB is trustworthy, which in turn should lead City Hall and people mistrustful of the police to improve their view of the PPB. In this way, both sides can move to a restorative resolution. As documented by the recent OIR Group report (Gennaco et al., 2022), the Portland Independent Police Review (Independent Police Review, 2022), and the Portland City Auditor (2022), the community and City Hall are able to cite historical and some more recent instances of officer actions that led to avoidable harms. Some of those outcomes were caused by failures in training or policy; many of those incidents are unlikely to recur due to improvements the bureau pg. 5
has made. Taking the next steps towards implementing a holistic CQI program will require a degree of trust where bureau members will acknowledge that there were harms in which their behavior had a role and the communities and City Hall will acknowledge that the bureau is taking steps in revising policy and training to prevent recurrences of such harms. The OIR Group report also documents the belief of PPB officers that they feel attacked when they are doing their jobs. Thus, some officers (not all of them, but a substantial proportion) expect hostile reactions from the community that will make their job harder and less satisfying, while many in City Hall and various communities (again, not all but also a substantial proportion) believe that the police remain out of control. We view a transparent CQI program as a way—perhaps the only way—to get out of the circle of distrust among those charged with maintaining public safety and those who demand genuine and equitable community policing. We recognize that this is not an easy change and cannot happen overnight. Especially in the beginning of such a change, each side has to take some risks in order to generate reciprocal trust by the other side. Minimizing Blame Another challenge, related to lack of trust, is that many people believe that misdeeds must always be punished—that is, not to punish is tantamount to denying that a deed was harmful. This has to be replaced by a different approach, focusing on learning how failures occurred and implementing improvements to avoid future failures. Blame and the fear of blame lead to a lack of perceived safety at work and create the conditions for mistakes to be papered over or ignored, preventing learning and improvement. The past is immutable, and the assignment of blame and subsequent punishment cannot undo harm. Change must be approached from a position of improvement going forward rather than assigning blame for the past. CQI thus considered resembles restorative justice (Sered, 2019). Both acknowledge without looking for blame or revenge that people have been subjected to possible or very real harm by the actions of other people. And both attempt to go beyond the harm to restore trust by finding ways to change beliefs and acknowledge previous harms, which can lead to forgiveness. CQI processes accomplish this by using evidence to find ways of improving police service. Getting member buy-in A third challenge is one of communicating just what CQI is and can accomplish. As compared to a QA approach, CQI emphasizes the need for continuous improvement. Implicit in a focus on continuous improvement is a recognition that no person, organization, or process is perfect; there is always room for improvement. This is highly empowering but depends on active buy-in and participation of bureau members. pg. 6
For example, CQI relies on feedback/evidence, and that in turn requires officers to be transparent and open if they see a situation where an alternative approach could have led to a better outcome, even if there was no harm done. Learning from such “near misses” requires that members proactively and voluntarily identify such situations and share their experiences. If officers fear that such self- reporting can lead to blame, sanctions, or negative publicity, they are unlikely to do so. One way around this dilemma is to have anonymous self-reporting, as in our Recommendations 3 and 5. But for that to work, the officers must trust that things reported anonymously will remain anonymous. We believe, based upon evidence cited in Recommendations 3 and 5, that when reports are aggregated over units, anonymity can be actually and believably sustained. In a small unit, everybody knows everybody, so anonymity within the unit may be close to impossible. But if frequencies of types of incidents from aggregated units rather than individual stories are used in reporting the opportunities for improvement, global anonymity is preserved and local anonymity is not thereby lessened. Furthermore, people who do not yet trust officers must understand that anonymous reporting of ways of doing better is the very opposite of sweeping misdeeds and mistakes under the rug. Instead, it is bringing more information into the open so that the incidence of both near misses and actual harms can be reduced. This communication is an essential component of CQI; we believe that the Dean of the Training Division would be the right speaker for such communications within and outside of the PPB. Opportunities CQI is not a substitute for accountability, but instead establishes a culture of learning and improvement alongside accountability. In such a culture of learning and improvement, information is collected solely to improve the bureau as a whole rather than identify deficient people or units. This is an opportunity to shift the tone and address the culture of fear/siege mentality that was identified in the OIR group report (Gennaco, et al., 2022). In other words, CQI is blame-free. This is illustrated, for example, in investigations by the NTSB, which are aimed at preventing the next accident, not figuring out who is to blame for the accident being studied. For this reason, NTSB investigations are not admissible as evidence in any determination of culpability for harm (Kahan, et al., 1997). In this important way, any analyses and conclusions brought about as a result of CQI research must be entirely independent of investigations within (e.g., the Internal Affairs Department) or outside (e.g., the Independent Police Review Board or its likely successor) of the PPB. The separation between CQI and accountability systems has two positive consequences. First, the blame-free aspect of CQI research makes it safe for members of the organization to come forward with useful observations. Second, pg. 7
the results of CQI research are manifested in the form of recommendations for change in training, directives, or policies that lead to improved performance. We provide here three concrete examples of issues that the PPB has faced in recent years where a CQI orientation would be of benefit: • Equity in policing: The PPB has a mandate to achieve equity in policing. The dominant focus of critics of the PPB is a claim that bureau members behave in inequitable manners (called “overpolicing” in the critics’ jargon). These critics advocate punishing PPB members who engage in such practices as a deterrent. Such a punitive approach can be lethal to efforts to learn and improve. Instead, we believe that it is preferable to use CQI research to engage with communities and to develop training and policies not only to avoid “overpolicing” but also to be more responsive to the public safety needs of those communities and thereby avoid “underpolicing” them. This would result in more mutual trust between these communities and the PPB (Rahr and Rice, 2015; Ede, et al., 2002). • De-escalation: PPB policy recommends de-escalation as a strategy whenever possible, so as to minimize violence to both members and the public. The current orientation is to identify instances where de-escalation should have been but was not used and punish the officers involved. Instead, CQI research can look at the circumstances and techniques that lead to successful de-escalation, and train officers and adjust policy to reduce the risk of escalation (Bennell, Blaskovits, Jenkins, et al., 2021; Graham, 2021; University of Wisconsin Law School and Johnson Foundation at Wingspread, 2017). • Community policing: PPB policy commits the organization to community policing yet leaves the definitions of what that constitutes as well as how to measure improvements and train members to ameliorate quality deficiencies somewhat vague. CQI research can lead to more concrete definitions of what community policing means and how best to achieve it given limited resources. (Gennaco, et al., 2022; Prenzler, et al., 2016). Recommendation 2: Increase investment in data analysis and research. The PPB should make a strategic plan to substantially increase data analysis and research capabilities, with a goal of achieving capacity for proactive research that improves the bureau’s efficiency and customer experience. Much of that improvement will occur as a result of training that is keyed to ways that the bureau can change practices in accordance with improved policies and directives. Implementing this recommendation will help the bureau get the most value from its investment in CQI and is essential for Recommendations 4 and 7. pg. 8
Background CQI is founded in learning from data to make process improvements. The pioneer in developing causal analysis methods aimed at improving quality and reducing harmful incidents is James Reason (Aerossurance, 2014; Reason, 2013), whose work was highly influential in transportation accident reduction and generalized to other realms of harm reduction. Landmark efforts expanding Reason’s approach to public safety through police accountability include the work of Samuel Walker (2005) and Jeffrey Noble and Geoffrey Alpert (2009). With officer resources under strain and the ongoing recruiting challenges, the PPB should increase investment in its analytics and research functions by purchasing software and hiring analytic specialists. An enhanced performance analytics and research focus will enable proactive identification of trends and opportunities to improve performance. This is an example of an ounce of prevention being worth a pound of cure. Challenges Data quality The first step in using data is collecting them in a reliable and bias-free way. This is challenging because officers are already expected to complete many data collection and report-writing tasks. The TD needs to be mindful about increasing the data collection burden. Feedback systems driven by service users (as described in Recommendation 7) and automation (Recommendation 4) present an opportunity to increase data availability without increasing the burden on officers. Data analysis Three of the biggest challenges to useful analysis are: 1. Asking the right question, 2. Understanding what data are necessary to answer the question, and 3. Communicating clearly in a manner appropriate to the audience. It is important to resist the urge to focus on answering only those questions that are easy to answer. As the famous statistician John Tukey was fond of saying: it is far better to get an approximate answer to the right question than an exact answer to the wrong question. Similarly, Albert Einstein is known for saying that, “Not everything that can be counted counts, and not everything that counts can be counted.” Innovative—sometimes non-quantitative—data can be very helpful. PPB has made considerable strides in data collection and reporting, but sometimes falls short when analyzing data, deriving conclusions, assessing statistical validity, and communicating conclusions clearly. For example, highlighting quarterly changes in some statistic such as weapons discharges or tear gas deployments is easy, but what, if anything, does it allow us to learn about training, tactics, or equity? The analysts should always be asking pg. 9
“Compared to what?” What is the appropriate comparison to facilitate understanding of shortcomings in training or systemic biases? What is the appropriate baseline for comparisons of rates or proportions? Finally, communication of results, especially to non-technical audiences, is often best done through visualization: plots, histograms, causal chains, etc. Tables of numbers may underlie the analyses, but they often don’t lead to understanding. Staffing and resources PPB is facing a staffing crisis. While that primarily applies to sworn members, the labor market in general is tight. It may be difficult to hire and onboard analysts in sufficient numbers to manage the analytics and research programs we recommend. Investment in performance analytics has material costs. In the case of performance research and data analysis, PPB should be prepared to support analysts with workstations and access to cloud computing resources or pay for commercial solutions. Opportunities The further expansion of innovative data collection and analysis capability will greatly increase the amount of information available to PPB. Taking advantage of this information to improve performance will require substantial investment but has the potential to be rewarding. Appropriate use of data to make decisions is challenging. The goal of analysis should be to inform, and CQI processes can apply to analytic efforts as well as performance, training, and leadership. There is an opportunity to build expertise in producing data products that enable all bureau members to improve their work. What distinguishes a data product from data is the supporting materials, including documentation that describes how to interpret data, limitations, and any other information that is needed to use it successfully. As Portland is facing a historic increase in violent crime, there is an opportunity to use natural experiments and carefully designed interventions to learn. This will require a team with resources to spare to identify opportunities and give guidance on intervention design so that useful insight can be generated. As a contrast, in the recent case of interventions to reduce violence in Mt. Scott-Arleta, several interventions were introduced simultaneously, including lighting improvements, traffic calming, and increased patrols (KOIN, 2022). Because the interventions were introduced simultaneously, it isn’t possible to attribute the promising results to any one intervention, so the city cannot learn from the experience to prioritize interventions in other neighborhoods. pg. 10
Recommendation 3: Begin collecting anonymous reports to assess the effectiveness of ABLE. PPB should create an anonymous reporting system to collect data on situations in which peer intervention was necessary (“ABLE moments”). PPB should analyze that data and produce a quarterly report. Background In late 2021, all sworn officers and some other PPB members received ABLE training, using a script provided by the creators of the program (Georgetown Law School Innovative Policing Program, 2020). ABLE teaches the requirement to intervene when an officer reasonably believes that another officer is likely to engage in behavior that is misconduct, a mistake, or endangers that other officer’s own health and wellness. The training was viewed as highly successful by PPB leadership, the Portland Police Association, and observers. It has been recommended (with the encouragement of the Georgetown Law School team) that the Oregon Department of Public Safety and Standards and Training to introduce ABLE as part of its basic training package. PPB members report informally that they have experienced ABLE moments (either on the giving or receiving end) and appreciate the intervention, but there is no formal way of assessing how often or how successful such interventions are. We propose anonymous reporting to assess ABLE moments. Challenges Three challenges to the implementation of an ABLE monitoring program stand out: • Concerns about anonymity • Buy-in • Analysis • Public communication and trust To address concerns about anonymity and buy-in, TAC suggests a reporting format that is short, easy to fill out, and anonymous (see Appendix for a prototype). Regardless of how the PPB decides to implement reporting, care should be taken to ensure that it is not implemented through PPB groups associated with internal investigation or discipline. Another challenge is turning the anonymous reports into useful feedback for the TD. This is addressed in Recommendation 2. The final challenge is communicating with the public. Anonymous ABLE reports may be shared as part of public records. It is important that the public understands that ABLE moments are successes – situations in which a member intervened to prevent a bad outcome in a way that provided a learning experience for everybody involved. The PPB should take care to communicate pg. 11
how it is using data derived from ABLE moments to improve service and reduce the likelihood of bad outcomes by showing how analyzing near misses leads to not only fewer near misses but fewer incidents through improved training for situational awareness of risky interactions. Opportunities ABLE sets the expectation that officers must intervene when they see another officer engaged in misconduct. There is an opportunity for the bureau to go a step further, and gain insight from the occurrence of ABLE moments. Officers are always expected to intervene when they see misconduct or a risk to officer safety. While an “ABLE moment” is partially a success in that a member intervened, TD should still take interest in learning from these near misses. ABLE reporting will enable the PPB to look for trends in the occurrence of ABLE Moments and adjust policy or training to make intervention necessary less often. Recommendation 4: Participate in planning for the appropriate use, accessibility, and storage of recordings of PPB/citizen interactions taken by members’ BWCs, stops data, and other reporting methods. BWCs, stops data, and other innovative measures will be key sources of insight (Corso, 2017); this information, no matter which PPB unit performs the analyses, will provide the TD with an unprecedented window into how training is used in practice. Background With the introduction of BWCs and new stops data collection efforts, there is an opportunity to establish PPB as a leader in the use of data to drive customer service satisfaction and public safety outcomes. The introduction of BWC recordings and other innovative information-gathering means will greatly increase the amount of information that PPB records. Consequently, the PPB will need expertise in data analysis to turn a firehose of data into a stream of insights. BWC, stops, and other information should be analyzed outside of the direct chain of command. This should help support the position that the information obtained is to improve officer safety, provide more effective public safety, and improve community relations. The PPB can report on areas of needed improvement and the progress that is being made as part of its ongoing community engagement efforts. Proactive use of data-driven insights can help PPB improve its training and service offerings while making the most of limited resources. BWC and stops data enable the PPB to obtain real time information and analyze that information pg. 12
as it applies to questions it has about officer safety and the quality of service it provides to the community. For example: • How often are police interactions respectful? • How often are officers attempting and succeeding at de-escalation? • Are members exhibiting any disparities in how they interact with BIPOC Portlanders? • Is new training resulting in observable effects? Challenges All aspects of implementation of the BWC program are proving contentious, and involvement of the TD is not likely to be an exception. Indeed, Portland’s late deployment (compared to other agencies) of BWCs for law enforcement use is a result of structural factors that may yet impede PPB’s efforts to get the full value from its investment. At minimum, the TD and PPB will need to be mindful of: • Bargaining implications arising from the use of BWCs • The risk of bias in any automated classification system • The use of Artificial Intelligence, which will be necessary to handle the volume of data produced by BWCs BWCs, stops data, and the policies surrounding any use of information are subject to collective bargaining. As part of the policy development process, the PPB should be mindful of its interest in access to video streams and recordings. Securing such access will require officer trust and buy-in as part of the bargaining process. The authors of this report believe that the introduction of a CQI orientation, which focuses on blame-free quality improvement, will be a helpful step towards achieving this trust. Existing commercial solutions allow command staff access to BWC and stops information through real-time streams and automated reports. In addition, access to this information by analysts not in the chain of command to look at trends that suggest policy or training improvement should be encouraged. Bureau members will need to trust that this information is being used to improve policy and training, and not as an invasive, punitive tool. There is a role for clear policy and training on use of such information to engender that trust. Advanced analysis capabilities have the potential to improve public trust and the experience of being a Portland police officer, but it is incumbent on TD and PPB to create the conditions for trust that ensure adequate safeguards for officers are in place. Another risk to consider arises from the use of automated systems to derive insight from BWC footage to be used in training. Specifically, AI systems, when developed using biased data sets, tend to reflect those biases. For example, a computer vision algorithm developed only on images of white Portlanders may fail to perform appropriately when exposed to BIPOC Portlanders. While reviewing and/or developing any system to derive insight pg. 13
from BWC or other footage, care must be taken to ensure that such systems themselves are and remain bias-free; otherwise, they are poor tools to use for training. Opportunities Equity is an important concern in the PPB’s efforts to improve equality. The California Racial and Identity Profiling Act (RIPA), enacted in 2015 (California Legislative Information, 2015), provides a good model that could be introduced in the Oregon Legislature or incorporated into PPB reporting requirements by Portland municipal law or PPB directive. Other ways of obtaining and analyzing police behavior regarding equity may be found at the Center for Policing Equity (2021). The important point here is that obtaining such evidence in a valid manner is not something that requires invention—there are acceptable approaches that are easily accessible. With the pending introduction of BWC, PPB is poised to drastically increase the amount of information it collects. While it isn’t feasible for human eyes to analyze every moment of video, it is now possible for machines to do so. There is an opportunity for PPB to become a leader in the automated analysis of video (not just a single officer’s BWC, but all of the relevant recordings) to generate insights. This could involve using commercial software or developing a solution in-house using machine learning to classify video and generate features. While this can and should be used to identify policy violations, it can also be used to identify procedural justice issues and evidence of systemic bias in police service to remedy them through improved policies and training. For example, use of machine learning/artificial intelligence could enable a reasonably valid automatic identification of subject race and the tone of voice and language used by officers. This could be a powerful signal for identifying training or coaching needs. Similarly, as officers are training in procedural justice concepts, analyzed BWC footage and stops data could be used to evaluate the effectiveness of training. An analysis of BWC footage by Stanford University researchers (Voight, Camp, Prabhakaran, et al., 2017) found that officers in Oakland, California consistently used less respectful language when speaking with Black people. The differences weren’t blatantly obvious. For these differences to surface required analysis of thousands of interactions. Unfortunately, police departments are not often the subjects of university research. Consequently, fewer than 1% of police body camera video files are ever reviewed. To use BWC and other information for more than forensic analysis and officer protection from false claims, an effective analytics program should be implemented that will enable the PPB to formulate specific questions to drive both examination of officer behavior and community perceptions of that behavior. The PPB should capitalize on its ongoing relationships with Portland State University and other academic institutions to jointly conduct research to pg. 14
evaluate newly available information and evidence; existing educational research human subject protection protocols will help reduce any inappropriate use of that information (National Science Foundation, no date). Recommendation 5: Enroll in the National Police Foundation’s Near Miss Reporting program. PPB should subscribe to the National Police Foundation anonymous reporting system for near misses. This is a first step in what we believe should be a longer- term establishment of anonymous, non-punitive self-reporting. Background Member incidents, including both near misses and minor errors, can help the bureau understand precursors to potentially serious incidents. This will enable the bureau to proactively formulate improvements in training and policy to prevent critical incidents. Anonymous self-reports have been well-established in transportation safety (CHIRP Maritime, 2021) and hospital care (Agency for Healthcare Research and Quality, 2019); it is time that similar systems be used for public safety. A well developed and managed self-reporting system for near misses (close calls) exists through the NPF. The LEO Near Miss Reporting System (National Police Foundation, no date) is modeled after successful near miss reporting systems used in several high-risk industries like the Aviation Safety Reporting System. The U. S. Department of Justice, Office of Community Oriented Policing Services funded the development of and supports the LEO Near Miss Reporting System, the use of which is free to participating law enforcement organizations. The system is currently used by law enforcement agencies across the country. LEO Near Miss is only used for promoting peer learning and enhancing officer safety. The lessons learned are shared by officers and can be independently read or incorporated into department training. The system operates independent of an agency’s chain of command or disciplinary process and reports are totally anonymous. The process for submitting a report uses a well-organized form which uses multiple choice and drop-down questions and usually takes 10 to 15 minutes to complete. After a two-stage review by current and former law enforcement officers all identifying information is removed and the report is made available for review. NPF partners with participating law enforcement agencies to assist them in developing internal policies and procedures to facilitate reporting and use of near miss data in training, policy, and equipment related decisions. pg. 15
Challenges • Trust in the system • Time and effort required to submit an optional, non-mandatory report Opportunities CQI requires proactive not reactive behavior. A critical component of CQI is officer safety, ensuring that every time an officer responds to a call, they have the training and information necessary to reduce the possibility of being seriously injured or killed. The training and information available often rely on information obtained from “close calls.” “Close calls” information can be gathered via self- reporting or information obtained from BWCs. The information gathered must be carefully analyzed to identify patterns of behavior that are problematic. The data created from this analysis of field experience will generate training that will change how officers respond to situations, thereby decreasing their risk and potentially having a positive impact on the Portland Police Bureau’s public image. A significant issue in gathering and using the information obtained is officer anonymity, except in mandatory reporting situations. While the PPB does not have the capacity to review near misses by itself, the LEO Near Miss program provides that capacity at no cost to the bureau, including how the PPB compares to the overall picture in all of the agencies the program covers. Recommendation 6: Invite community review and feedback for all new training and appropriate access to archival records of previous training. In order to have technical, cultural, and community perspectives as new or revised training curricula are developed, the TAC and representatives of Community and Culturally Specific Advisory Councils to the PPB should observe/participate in dry runs/early sessions of such courses. Additionally, the TD should ensure that information about training offerings is organized and cataloged in such a way that the general public can easily come to understand the ‘big picture’ of PPB training. This will improve transparency and enable interested members of the public to provide more specific, constructive feedback. Background It is increasingly accepted that community engagement with public safety agencies is necessary in contemporary American society. The PPB has made major efforts in this regard by reaching out to community-created Community and Culturally Specific Advisory Councils and expanding its use of operational councils. Such engagement is consistent with a CQI approach, and we applaud this outreach. Our recommendation here is more in the nature of an expansion of current practice than a call for change. pg. 16
While the TD regularly makes video recordings of its own training activities and must approve any training activity that it does not originate in but employs PPB training facilities, not all outside trainings are as accessible as the internal ones. This has led to highly publicized and equally highly misunderstood problematic incidents (Dickinson, 2022). Improved review and record keeping would have helped the city identify the extent of the problem, understand the root cause, and make changes to prevent future incidents. Challenges The primary challenges to increasing community involvement in training observation are: Availability of community members Observation of training is time-consuming, and many community members are so busy with the activities of daily life that attendance at training events can be difficult. The community members PPB draws on to view and give feedback on training are most often volunteers. Training dry runs and observations tend to happen during business hours, which can limit participation. TD should be prepared to accept that there will not always be volunteers to observe every training. TD time The time spent preparing, delivering, and evaluating training is substantial, and having community members present will add to that burden. Understandability of materials It would take considerable effort to present the Annual Training Plan, catalog of previous training plans, and documentation of video recordings of earlier training in a format that is readily accessible to the general public (some of whom are not native English speakers). A related challenge is the considerable effort required to maintain any website that might be used for these purposes. Public access vs. need to know Written and other documentation of training events may contain information that contains personal or strategic information that must be kept confidential. Explaining this in an atmosphere where there is pressure for “total transparency” can be difficult. The existence of material appropriately limited in distribution may be publicly acknowledged, but that the information itself is limited in access must be explained and justified. Opportunities This recommendation calls for substantial community participation in TD course development as a way to understand and incorporate diverse perspectives on training courses as the courses develop. These perspectives can lead to ways to pg. 17
improve the training in ways that make the PPB more responsive to community expectations. In turn, the community participants get a better understanding of how officers think about critical situations and how they are expected to behave in such situations. This can promote more trust in the PPB, through transparency and a better understanding by both the PPB and participating communities of others’ orientations and expectations. After the racial justice protests during the of summer 2020, there has been much talk of the need for better training, especially regarding de-escalation, for police. Unfortunately, too few Portlanders recognize that PPB has excellent training that far exceeds state standards, and that due to successful policy interventions, many high-profile incidents that occurred elsewhere are extremely unlikely to occur in Portland. Sharing a catalog of training content in an easy-to-use format could improve engagement and extract untapped public relations value from existing investments in training. Recommendation 7: Institute contact surveys to assess procedural justice, quality of service. It is common practice in the commercial sector to use customer feedback surveys to gather information and improve service quality. Portland should institute an ongoing evaluation program to measure the public’s perception of police service and proactively identify concerns and high-priority areas for improvement. Improvement in any system is difficult without feedback, and policing is an area where ongoing public feedback is critical to success. Background The relationship between the police and the community is critical to policing effectiveness. To maintain that relationship, the PPB needs to ensure that police service is meeting customer expectations and needs. Simply expressing genuine interest in customer feedback can go some way to improve community relations. TD training already emphasizes procedural justice, but there are currently few options for assessing the implementation of procedural justice in police work. PPB should make it easy for community members to give feedback on their interactions with police, whether those community members are subjects, bystanders, or victims. TAC is not the first community group to recommend surveys to measure community perception of police work. Surveys are a time-tested tool for gathering feedback. Over time, survey results will help the TD identify trends and tailor trainings to address unmet needs that are undetectable through use of force reporting. pg. 18
Challenges The key challenges to implementing contact surveys are the cost/effort to implement the survey/analysis program and securing officer buy-in. It is critical that any surveys be carefully constructed to avoid as much as possible both positivity and negativity biases in response frequencies (Brogle, 2018). Large scale survey programs can be difficult to design and implement well. This challenge would ideally be addressed as part of Recommendation 2. Alternatively, PPB could seek partnerships with local academic institutions, at least some of which are already engaged in public safety research. The other challenge is securing PPB member buy-in. A feedback program is necessarily going to introduce the possibility of negative feedback. TD can mitigate this through CQI training that emphasizes a blame-free, continuous improvement culture. While a feedback survey link on a business card is straightforward for PPB to implement, 911 contact surveys may require close collaboration with BOEC. Opportunities Customer feedback is key to prioritizing resources, evaluating the impact of training interventions, and improving quality. There is an opportunity to learn from comparable cities and tailor successful efforts such as the ongoing feedback/evaluation program in Seattle to Portland’s needs. References and Sources PPB Personnel Interviewed Capt. David Abrahamson, (then) captain, Training Division Lauren Brown, Manager, Strategic Services Division Deputy Chief Michael Frome Liesbeth Gerritsen, Ph.D., Training Division Capt. Chris Gjovik, Training Division Officer Natasha Haunsperger, Office of Community Engagement Lt. Brian Hughes, Chief’s Office Lt. Jason Jones, Training Division Aubrey Perry, Strategic Services Division Asst. Chief Jami Resch Sgt. Aaron Schmautz, President, PPA Lt. Greg Stewart, (then) lieutenant, Training Division Sgt. Todd Tackett, Training Division pg. 19
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