Wellfleet Public Safety Review Committee
Minutes of Meeting of July 23, 2002
Town Hall Hearing Room
Present: Ken Kimball, Chair; Richard Townsend, Matthew Frazier, Kirsten Bakken, Berta Bruinooge, Linda Pickard; Sgt. Fisette, Officer Hurley, Chief Richard Rosenthal, Sgt. Hussey; Jeff Stewart, Marilyn Miller, Richard Robicheau
Excused: Lisa Brown, John Ferro, Kenneth Roscoe
Before the meeting was formally opened, Chief Richard Rosenthal, on his second day back from surgery and on two weeks of convalescent leave at home, stopped by to greet the committee and discuss possible dates for subsequent meetings. The dates of August 6 and September 3, 2002 were agreed upon; these will be 3-hour meetings scheduled for the Town Hall Hearing Room with the possibility of the August 6th meeting being moved to the Training Room in the police facility. Chair Kimball stated that he thought it essential that the Committee see the police facilities: dispatchers' room, booking area, etc.
Chair Kimball opened the meeting at 7:12 p.m.; the secretary called the roll. Linda Pickard, who replaces Florence Schmidt on the committee, introduced herself to the committee and the audience; she has a degree in Criminal Justice from Cape Cod Community College (with High Honors) and is now studying at Bridgewater State (Dean's List) with the intention of becoming a probation officer.
Minutes of 7/9/02--Berta Bruinooge moved and Matthew Frazier seconded approval of the minutes of 7/9/02; the motion passed unanimously.
Correspondence--On July 10, a memo was sent by the secretary to Linda Smulligan, Jeanne May, and Jeanne MacLaughlin of the Administration Office thanking them for their effort in duplicating and organizing the police documents for the committee. Ken Kimball wrote to Florence Schmidt thanking her for her membership on the committee.
Ride-Alongs--Officer Mike Hurley invited the committee members to ride with police officers during their shifts, either night or daytime, and distributed the Wellfleet Police Department Citizens Police Academy Ride-Along Program Guidelines to the members. Chair Kimball recommended that everyone take advantage of the ride-along program and noted that it was appropriate, as members of the committee, that they take the opportunity to ask questions of the officers. Officer Hurley noted that members could go on more than one shift.
Community Interest--Matthew Frazier asked if committee members had had any feedback from the public as to their role and purpose; he suggested the use of a "customer survey" to determine Wellfleet's interest in and expectations of the police department and distributed several examples of such a survey. Frazier urged the use of a questionnaire, perhaps written by the committee, for use as a mechanism to get information from the general public. He added that such a survey, which could be mailed and received back through Town Hall, could be answered anonymously. Kimball agreed, adding that in addition to this questionnaire the committee would have to sit down with representatives of different segments of the public: senior citizens, young people, etc. Frazier suggested that a sub-committee might hold a work session and produce a questionnaire in draft form for the August 6th meeting, when the whole committee could work on it, "tweak" it, and get it into the mail through Town Hall.
Berta Bruinooge commented that timing was against public attendance of the current committee meetings, that it is difficult to get people out in the summer to come to a meeting. She added that the survey was a good idea and that the group needed to decide what the committee wanted to accomplish with these questions. Frazier pointed out that there were several different formats available. Linda Pickard, agreeing with Kimball that there were different aspects of the community to consider, suggested handing out surveys to kids at the skateboard park, where, she stated, possessions are being stolen. Richard Townsend noted that there were good and simple questions in the samples; Kirsten Bakken felt that the survey had to be simple. Frazier stated his concern about the time element in formulating and distributing the survey; Berta Bruinooge suggested another committee meeting be scheduled for August 20, 2002 to facilitate this. Frazier, Linda
Pickard, and Richard Townsend agreed to form the subcommittee to work on the draft questionnaire. Frazier moved that the board create a sub-committee to draft a Customer Service Survey of their [the public's] experiences and/or what they expect from the police department. Berta Bruinooge seconded; the motion passed unanimously, 6-0.
Rules and Regulations--Sgt. Ronald Fisette, before once again leading discussion of the police department rules and regulations (see minutes of 7/9), announced that (provided the state budget passes) the department is expecting a Community Policing Grant of $38,000 to help in financing the Citizen's Police Academy. He turned to the rules and regulations discussion, comments about which follow:
Regulation 20--Motor Vehicle Citations--explanation of officers' maintaining a citation book
Regulation 21--Transportation of Juveniles--follows Mass General Law--juveniles are transported in police car, placed under arrest, parents are notified
Regulation 22--Transportation of Prisoners--rules for this; place prisoners at far right of back seat so that operator can watch them. To Linda Pickard's question of whether a search is done afterward, Fisette replied that they are searched before they are placed in the cruiser and, afterward, the police car is searched for contraband.
Regulation 23--Preliminary Breath Test (PBT)--the PBT machine, a small breatholizer used in the field, is not calculated to the same standard as booking, does not give a numerical reading, is not introduced as evidentiary, and is just one of a series of field tests: weaving, demeanor, odor of alcohol, etc. All full-time Wellfleet officers are trained to use the PBT. Fisette explained that there are differences in the training officers have received from their academies to determine field sobriety testing and that different judges look for different tests. He added that yearly class updates of 32 hours are required of police officers. Ken Kimball, stating that people need uniformity, asked if the department needs policies and procedures on the local level to keep
everyone on the same track.
Regulation 24--Storage of Medication--in instances of detaining prisoners, this allows the police to hold medication for people who need to be given it. Berta Bruinooge asked the average time the department holds people in custody; Fisette replied that most are arrested, booked, and released in a few hours.
Regulation 25--Strip Search and Body Cavity Search--explanation of the two separate systems; officer must have probable cause for both searches. Procedure is from pat frisk to strip search, in a discreet manner (male searches male, female searches female), outside of view of camera. Not everyone who goes into custody undergoes a strip search. The body cavity search requires a warrant.
Regulation 26--Duties of Desk Officer, Dispatchers--explanation of monitoring cells by camera, also audio monitoring
Regulation 27--Use of Deadly Physical Force--only used when the life of an officer or innocent third party is threatened by deadly physical force; used only as a last resort; use of deadly force ends as soon as the officer attains compliance; requires a great amount of training
Regulation 28--Child Abuse Reports, Investigation of--discussion of different people who are responsible for reporting suspicions of child abuse; police must immediately report to social services department; social services must then investigate
Regulation 29--Identification, Collection and Preservation of Evidence--Office Fisette summarized this procedure
Regulation 30--Checking on Prisoners--rules have changed on checking prisoners; determination of suicidal tendencies is important; suicidal prisoners are checked every 15 minutes or sometimes are monitored one-on-one; non-suicidal prisoners are checked every half hour
Regulation 31--Crowds, Demonstrations--discussion of procedures for demonstrations--large ones are not normal for Wellfleet
Regulation 32--Found Property--procedures for codifying and returning property. After a year, if property is unclaimed, the finder can keep it.
Regulation 33--Reports--procedure is to get them completed by end of the shift. Some reports take precedence: an arrest report which must be done for court takes precedence over a motor vehicle accident report.
Regulation 34--Handling the Mentally Ill--uses Mass General Law definition of a mentally ill person as someone who could cause bodily harm to himself or others or could be suicidal
Regulation 35--Inventory of Contents of Motor Vehicles--procedure used by officer who comes in control of a vehicle (e.g., accident)--protects town and towing company against accusation of theft--officers sometimes find contraband during inventory. Fisette explained the towing company rotation in Wellfleet.
Regulation 36--Use of Departmental Camcorder--procedure
Regulation 37--Use of Complainant's Name Over the Air--police avoid this if possible
Regulation 38--Abandoned Vehicles--procedure
Regulation 39--Desk Duties--these follow a manual
Regulation 40--Dead Bodies--procedurally, a natural death is treated differently from a suspicious death
Regulation 41--Use of Restraints--handcuffs, belly chain, leg restraints--discussion of times when handcuffs are and are not justified
Regulation 42--Parking Tickets--Linda Pickard posed a question about the use of "meter maid"-type people; Fisette answered that the Beach department employs people who enforce beach regulations on parking and that police department summer officers issue parking tickets in the center of town. Terry Frazier is the Hearing Officer for ticket appeals; the town uses an outside collection agency if tickets are unpaid.
Regulation 43--Uniforms--winter, summer, non-traditional. Uniform allowance is $750.00/year ($800 next year). This can be used for cleaning and maintenance of uniforms and for physical equipment as well as purchasing uniforms and can be received in two ways: as a single payment, subject to taxes, and by submitting receipts and seeking reimbursement. Frazier asked if, with the single payment, it is required that the officer show proof of what the money was used for; Fisette replied it is not.
Regulation 44--Dealing with Intoxicated Persons--different procedures were outlined--police can hold intoxicated persons for 12 hours--in the case of juveniles, parents are called--police can release an intoxicated person to a sober person
Regulation 45--Domestic Abuse--an extensive section of the regulations for which state regulations dictate appropriate responses
Regulation 46--Bias, Hate Crimes--investigation and reporting of all hate crimes to the state--the Chief wishes to be apprised of all such crimes
Regulation 47--Aircraft Crashes--FAA is contacted for investigation
Regulation 48--Assistance to Motor Vehicles--especially in the wintertime and during the night, police will check parked vehicles
Regulation 49--Daily Log--the majority of the log is public information, open to the public at reasonable hours--the notations must not be too cryptic
Regulation 50--Juveniles in Custody--juveniles can be placed in custody for delinquent or status (applies to age, such as truancy) offenses; with status offense the juvenile can be booked but not placed in a cell; for delinquent offense the juvenile may be locked up for 6 hours
Regulation 51--Use of OC--Oleoresin Capriscum Aerosol--used to restrain violent persons; once an officer sprays a person, he must take care of him; the OC must be rinsed off--it can contaminate a whole cell block
Regulation 52--Seat Belt Use--procedure
Regulation 53--Operating Under Influence, Arrest and Bail--procedure
Regulation 54--Injured Prisoners--methods for getting medical attention to injured prisoners: call Wellfleet Fire Department; take to Outer Cape Health; transport to hospital
Regulation 55--Discipline--steps in police disciplinary process: warning, reprimand, suspension (5 days); relieved from duty (alcohol, mental state, etc.)
Regulation 56--On Duty Contact with Places with License to Sell Alcohol--speaks to police image; discussion of presence at such establishments in pursuit of duty
Regulation 57--Expandable Baton--police officers are allowed to carry it; its use as a weapon of deadly force; officers must write a report if they use it
Regulation 58--Underage Drinking--uniform procedure designed to protect the underage drinker
Regulation 59--Use of Informants--new, never had a defined policy on this before; discusses who might give information without being registered as an informant; juveniles should not be used as informants. Berta Bruinooge commented that the Town of Wellfleet should not have to use informants often; Fisette agreed.
Regulation 60--Use of Money, Confidential Funds--used in "sting" operations, e.g., with underage person trying to purchase cigarettes, alcohol. These funds are usually gotten from the Sheriff's Department; a procedure exists for obtaining and returning funds.
Regulation #61--Use of Canine Officer--outlines who can call out a canine officer, when he can be called; Officer in Charge and canine officer decide whether to respond to calls on the Lower Cape; the Chief decides on calls from out of the area.
Chair Ken Kimball noted that Sgt. Fisette and the committee had now gone through the Charter, Bylaws, and Police Rules and Regulations. He suggested Fisette check with the Chief as to what he and the Chief would cover on the August 6th meeting.
Matthew Frazier moved to adjourn the meeting; Berta Bruinooge seconded. The meeting was unanimously adjourned at 9:10 p.m.
Respectfully submitted,
________________________________ ______________________________
Frances J. Castillo, Assistant to the Kenneth Kimball, Chair
Committee Secretary __________________________Date
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