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ERIE COUNTY, NEW YORK

POLICE REFORM
CITIZEN TASK FORCE
Preliminary
REPORT AND RECOMMENDATIONS

relating to

ERIE COUNTY
SHERIFF’S DEPARTMENT

February 23, 2021


RESERVED FOR

MESSAGE
TO
THE ERIE COUNTY LEGISLATURE
FROM
COUNTY ERIE EXECUTIVE
MARK C. POLONCARZ
Erie County, New York

Police Reform Citizen Task Force

CHAIR OF CITIZEN TASK FORCE


Martin Scott Floss Ph.D.
Professor of Criminal Justice at Hilbert College
Former Federal Monitor for City of Buffalo Police Department

COMMITTEE CHAIRS
Martin Scott Floss Ph.D.
Chair of Citizen Police Reform Task Force

Kevin Barnas
Chair/Associate Professor of Criminal Justice Program at Erie Community College
Retired Lieutenant of the New York State Police
Former Liaison to the New York State Office of Emergency Management

Hon. Melissa M. Hartman


Supervisor of the Town of Eden
President of the Association of Erie County Governments

Hon. William Krebs


Mayor of the Village of Springville
President of the Village Officials to the Association of Erie County Governments

STATISTICAL CONSULTANT
Melodie Baker
President & CEO of Q & A Stats Inc.
National Policy Director of Just Equations
Co-Chair of Raising New York
COMMUNITY LIAISIONS
Ysaias Feliz
Retired Deputy Commissioner of the Erie County Probation Department
Member of the Erie County Corrections Specialist Advisory Board
Retired U.S. Army Officer

J. Miles Gresham, Esq.


Partner, Law Offices of Maye & Gresham
Member of the Erie County Corrections Specialist Advisory Board

OTHER CITIZEN TASK FORCE MEMBERS


Joseph Agro, Esq.
Deputy District Attorney, Erie County District Attorney Office

Holly L. Hubert, CISSP, CISM, CGEIT, CRISC


Founder and CEO at GlobalSecurityIQ
Retired Special Assistant Agent in Charge for the FBI
(Buffalo Division’s National Security)

Margaret A. Murphy, Esq.


General Counsel, Erie County Water Authority
Former Buffalo City Court Judge
Former Assistant Corporation Counsel for the City of Buffalo

Olivia M. Owens
Community Organizer and Outreach Volunteer
Deputy Executive Director of the Erie County Democratic Committee

Brittany Penberthy, Esq.


Partner at VanDette Penberthy LLP
Deputy Town Attorney for the Town of Evans
Deputy City Attorney for the City of Tonawanda
Special Thanks to:
Office of the County Executive
Chief of Staff Jennifer A. Hibit
Andrew McLaren, Liaison to Task Force

Erie County Sheriff’s Department


Undersheriff John Greenan
Deputy Sheriff Daniel Dytchkowskyj
Chief Scott Joslyn

Central Police Services


Commissioner James Jancewicz
Deputy Director of Information Services Marlaine Hoffman

for their cooperation and assistance.


TABLE OF CONTENTS
Part 1: Opening Remarks from Citizen Task Force Chair …………….1

A. The Citizen Task Force’s Role and Responsibility ………………1


B. Scope of Responsibility ………………………………………………2
C. Assignment of Tasks …………………………………………………3
D. Community Engagement ……………………………………………4

Part 2: Key Questions, Insights and Recommendations………………..5

I. Identifying Essential Policing Functions and Community


Needs ………………………………………………………………….. 7

A. Task Assignment ………………………………………………7


B. Source Material…………………………………………………7
C. Findings …………………………………………………………8
D. Recommendations ……………………………………………21

II. Employing Smart and Effective Policy Standards and


Strategies……………………………………………………………. 23

A. Task Assignment …………………………………………….23


B. Source Material……………………………………………… 23
C. Findings ……………………………………………………… 24
D. Recommendations ……………………………………………26

III. Fostering Community-Oriented Leadership, Culture, and


Accountability………………………………………………………. 27

A. Task Assignment …………………………………………… 27


B. Source Material……………………………………………… 28
C. Findings ……………………………………………………… 28
D. Recommendations ……………………………………………30
IV. Recruiting and Supporting Excellent Personnel ……………… 31

A. Task Assignment …………………………………………… 31


B. Source Material……………………………………………… 31
C. Findings ……………………………………………………… 31
D. Recommendations ……………………………………………32

Part 3. Closing Remarks …………………………………………………. 32

Appendix

Letter, dated September 11, 2020, from


County Executive Mark C. Poloncarz to
the Erie County Legislature and Erie
County Sheriff …………………………………………………… App-1

County Executive Power Point Presentation


on January 30, 2020 at Erie County Training
and Operation Center …………………………………………… App-4

Minutes of the CTF Meetings ………………………………… App-59

Erie County Sheriff’s Office Policy Reform Citizen Survey ..App-75

Demand for Information by Citizen Task Force &


ECSO Response to the Demand…………………………………App-91

Charts and Data relating Police Calls……………………… App-105

Deputy Survey Results ………………………………………… App-134

Standardize Performance Appraisal Guideline


for Patrol Services ………………………………………………App-141

Standardize Performance Appraisal…………………………App-157

Standardize Performance Appraisal Guideline for


Supervisory Command Assignment……………………………App-162
Appendix cont.

Standardize Performance Appraisal


(Supervisory Command)…………………………………………App-170

Use of Force Form ……………………………………………… App-175

Committee IV Report: Recruiting, Training, and


Supporting an Effective & Diverse Workforce…………………App-177
-1-

PART 1: OPENING REMARKS FROM CITIZEN TASK FORCE

“It is not the function of the government to stop the citizen from falling
into error; it is the function of the citizen to keep the government from
falling into error.” Associate Justice Robert C. Jackson of the United States Supreme Court
and Chief United States Prosecutor at the Nuremberg trials.

A. The Citizen Task Force’s Role and Responsibility

On June 12, 2020, Governor Andrew M. Cuomo of the State of New


York issued Executive Order No. 203, directing the chief executive officer
of each local government, having a law enforcement agency with police
officers, to gather and convene stakeholders for a fact-based and honest
dialogue with local law enforcement officials. In a letter, dated September
11, 2020, Erie County Executive Mark C. Poloncarz advised Erie County
Sheriff Timothy Howard and the Erie County Legislature of the names
of the community stakeholders appointed to the Police Reform Citizen
Task Force (the “Citizen Task Force” or “CTF”).

Adhering to COVID-19 protocols, the Citizen Task Force held its


first, and only, in-person meeting on September 30, 2020 at the Erie
County Training and Operation Center in the Town of Cheektowaga.
County Executive Mark Poloncarz opened the meeting by introducing
Task Force members, then reviewed with them the Governor’s Executive
Order and the CTF role based on a brief overview of the New York State
Police Reform and Reinvention Collaborative: Resources & Guide for
Public Officials and Citizens (“Resources Guide”). The County Executive
used a Power Point Presentation to give his overview of the CTF tasks
and goals.

Undersheriff John Greenan, Chief of Administration for the Erie


County Sheriff’s Department (“ECSO”), introduced Deputy Sheriff
Daniel Dytchkowskyj and Chief Scott Joslyn of the Police Service
Division, and pledged not only their cooperation but also their assistance
in providing any information requested by the Citizen Task Force. By
the end of this initial meeting, the Citizen Task Force understood it
-2-

would be responsible for a comprehensive report with factual findings


and actionable recommendations for policymakers to adopt.

The CTF composition is gender-neutral, racially, and ethnically


balanced with a broad spectrum of talented individuals with differing
experiences and opinions. Vive la difference. As a coin has value because
it is two-sided, the diversity of experience and opinion is what gives value
to this comprehensive report and recommendations, tailored to the
specific needs of this community with the goal of reducing any racial
disparities in policing and fostering police and community relationships
based on trust, fairness, accountability, and transparency.

B. Scope of Responsibility

Due to public comments about a specific topic, I begin by stating


that the management and operations of the Erie County Holding Center
is not addressed in this comprehensive report and recommendations
(“CR&R”). The CTF acknowledges the management and operation of the
Erie County Holding Center has been a controversial matter, subject to
public scrutiny and external oversight. Nonetheless, the CTF has been
charged with the duty to review, and recommend changes relating to
policing.

In reviewing the Resources Guide, the CTF has been directed to


focus its attention solely on policing. In the CTF’s view, “policing” would
include:

• Recruiting and training of deputies,


• Responding to 911 calls or other citizens requested
assistance,
• Operating its road patrol unit,
• Enforcing vehicle and traffic laws,
• Protecting County buildings and grounds,
• Operating rural patrol units for towns and villages without
police forces,
• Using community resources to handle specific calls for
assistance,
• Initiating intervention with citizens,
-3-

• Enforcing rules, regulations, and standards for policing,


including

o Handling complaints relating to police conduct, and


o Ensuring fair and equal treatment for all residents,

• Holding deputies accountable based on professional


standards, in accordance with the four policing pillars,

o Treating individuals with dignity and respect,


o Giving individuals a voice during law enforcement
interaction,
o Being neutral and transparent in decision making, and
o Conveying trustworthy motives

• Staffing, equipping, and budgeting for patrol operations.

The CTF members have collectively spend more than the 500 hours
devoted to the review, examination, and analysis of these policing
functions.

C. Assignment of Tasks

The CTF has conducted its meeting in an open and transparent


manner. Meeting minutes have been prepared and attached to this
CR&R. Since September 30, 2020, the CTF has held 10 Zoom meetings,
and recorded those meetings on YouTube.

At the first Zoom meeting, the CTF created four committees to


address the four topics outlined in the Resources Guide’s Table of
Contents. CTF members were asked to review the Resources Guide and
to select the committee(s) to which members would volunteer their time
and resources. As the Chair of the CTF Task Force, I selected the
Committee Chairs based on the availability and time commitment of the
member to the committee’s tasks. Committee Chairs then scheduled
meetings with committee members to gather information and to analyze
information from which the Committee would make its recommendations
to the full CTF membership.
-4-

The Committees drafted documents and surveys to solicit


information and comments from the public and ECSO. These documents
and surveys included:

• An On-line Citizen Survey,


• A Questionnaire for Patrol Deputies, and
• A Written Demand for Information to the ECSO

Based on the documents, surveys, comments, and other information


supplied to the CTF, the Committee members discussed and analyze the
information from which the Committee made its fact-based recommenda-
tions to the full membership.

D. Community Engagement

From the inception of this project, the CTF has actively engaged the
community by providing notice of its meetings, live-streaming and
archiving its meetings on YouTube, posting and publishing citizens
surveys on the County’s website, soliciting cooperation from the
Association of Erie County Governments to urge its town liaisons to post
information on their town’s website, and by posting the preliminary
CR&R on these websites prior to submitting the CR&R to the Erie
County Legislature.

In the CTF’s view, this CR&R starts the open dialogue between the
community and policy-makers responsible for the management and
operation of the ECSO. Recommendations with the CR&R encourages
future open dialogue by engaging stakeholders in the overview and
monitoring of ECSO operations. Given the openness and cooperation
given to CTF members by ECSO personnel, the CTF is optimistic its
recommendations will further the trust and respect between the people
of this community and those dedicated professionals who are entrusted
with their safety. It is also expected this CR&R will be used as an
invaluable resource for the ECSO and its newly elected leader who will
take office on January 1, 2022.
-5-

PART 2: KEY QUESTIONS AND INSIGHTS FOR CONSIDERATION

" If you are neutral in situations of injustice, you have chosen the side of
the oppressor." Bishop Desmond Tutu

"True peace is not merely the absence of tension; it is the presence of


justice." Rev. Dr. Martin Luther King, Jr.

The primary purpose of government is to protect the health, safety,


and well-being of its citizens. Amidst a global pandemic, the executive
and legislative branches within the federal, state and local governments
are facing not only a health care crisis, but also a governance crisis,
calling upon policymakers to take action, and to regain the trust and
respect of those they serve, by focusing on the health, safety, and
protection of people living in a global society.

With the utterance of three words, “I can’t breathe,” people of all


races and ages within this global community collectively raised their
voices to say, “enough is enough.” In many communities, including our
own, people marched in the streets in solidarity to protest the unjust and
disparage treatment experienced by people of color and other members of
under-represented communities during encounters with police officers.
The greatest of our Nation rests in the rights guaranteed to its people to
assemble, to raise grievances, and to speak freely. In our Great Nation,
people have assembled to speak freely about their grievances relating to
the health and safety, and equal and fair treatment, of those who live
within this Nation.

In the last year, we all witnessed those committed to social justice,


peacefully marching in the streets, together with civil unrests resulting
from, or resulting in, the maiming and killing of people, the defacing and
damaging of public buildings and monuments, the looting of businesses,
and the warranted, and unwarranted, intervention of the police and
other local enforcement agencies. It is time to rectify and mend these
divides and to unite not only this community, but this Nation.
-6-

Buffalo has always been known as the “City of Good Neighbors,”


but even that reputation has been tarnished, when a video captured
police officers marching forward to enforce a curfew and pushing a 75-
year old gentlemen to the ground, who was seriously injured and taken
by ambulance from the scene. As the media frequently reminds us of this
incident, we have almost forgotten an earlier, reported story within our
community, from which we find encouragement, hope, and inspiration.

A few nights earlier, a community leader who organized a peaceful


march was approached by a police commander. They spoke together on
equal footing to find a common ground. They agreed police officers at the
scene would “take a knee,” showing solidarity and commitment to
treating all people with fairness, respect, and dignity, before their duty
required them to enforce a curfew. On that night, these police officers
demonstrated their pledge to the four pillars of policing by making the
effort to gain the trust and respect of those gathered, who all left
peacefully that night by curfew. That night, we demonstrated we are a
community of good neighbors.

Both nights must be remembered. One night gives hope; the other
stirs unrest. One thing we know for sure, a justice society cannot tolerate
any unjust or disparage treatment against anyone. We cannot proclaim,
“all lives cannot matter,” without black lives matter. 1

Every day, people wake up in this community with the expectation


and hope of returning safely to their homes and to the people who love
them. Many do not. All are mourned. We must have in our hearts the
compassion and mercy for those who are lost, and those who are left to
grieve. When the grieving is due to social injustice or social unrest, then
we must all stand united in addressing these injustices and civil unrests.
This is the only path, leading to a more perfect union.

As a citizen advisory group, our role is a modest one. Our mission


is to start an open dialogue between the community and policymakers
about the means employed to protect the health, safety, and well-being
of our community through policing.

1
-7-

In the last 20 weeks, CTF members worked tirelessly to gather


information from all spectrums of the community, employing whatever
means were within their imagination, power, and time to pursue to
explore the following topics, outlined in the Resources Guide:

(1) Identifying essential policing functions and community needs,

(2) Employing smart and effective policing standards and


strategies,

(3) Fostering community-oriented leadership, culture. and


accountability, and

(4) Recruiting and supporting excellent personnel.

We acknowledge the factual findings within this Comprehensive


Report and Recommendation are limited to the facts gathered and
presented for review. Nonetheless, it is a good beginning and foundation
to continue and encourage an open dialogue among citizens, law
enforcement agencies and policymakers. CTF members are honored and
grateful for the opportunity to serve this community in their modest role.

I: IDENTIFYING ESSENTIAL POLICING FUNCTIONS AND


COMMUNITY NEEDS

A. Task Assignment

Committee I, chaired by Martin Floss, was assigned to the task of


identifying the essential policing functions performed by the ECSO’s
Police Service Division. Its responsibilities included the examination
and determination of the ECSO’s policing role and whether its role was
consistent with the expectation of the community at-large and the
stakeholders whose lives are affected by its exercise of police power.
Additionally, Committee I reviewed the ECSO’s budget, and information
-8-

relating to the size, composition, and equipping of the Police Service


Division

B. Source Material

Prior to its second meeting held on October 22, 2020, the ECSO
hand delivered to each CTF member copies of policies and procedures
relating to training, operations, and administration. Each committee has
used these manuals among other source materials.

Committee I, along with other CTF committees, drafted and served


specific request for information from the ECSO. The specific information
requested from, and provided by ECSO can be found in the appendix and
is made part of this CR&R. In response to Request Nos. 1, 3, 31, 32, 33,
40, 45, and 62, the ECSO provided statistical data. As the CTF Statistical
Consultant, Melodie Baker worked with CTF Chair Floss to organize and
analyze this data, relied on by all CTF committees. The statistical data
has been tabulated, recorded, and made of part of this CR&R.

However, in response to Request Nos. 22, 23, 24, 64, and 68, the
ECSO reported certain other key information did not exist, or was not
collected, recorded or available. In 11 of the 73 responses, the ECSO also
stated it lacked any official policy on manners, which could reassure the
public its operations embraces the four pillars of policing, in an open and
transparent manner. (See Response Nos. 18, 19, 46, 49, 52, 53, 56, 57, 58,
69, and 72). When warranted, the CTF and its committees have noted
and considered the lack of information as part of its findings and
recommendations.

The CTF and its committees solicited 146 patrol deputies within
the Police Service Division to participate in a confidential on-line survey.2
Thirty-two (32) patrol officers (22%) participated in this voluntary survey
and provided detailed responses to open-end responses. The responses
from that survey have been collected and analyzed for this CR&R.

2Once completed and reviewed, the survey was shared with the ECSO, and had a
draft submitted to the Union for support. Since time was short, the deputies were
provided only a week to submit their responses.
-9-

The CTF and its committees recorded comments offered by


members of the public during its third meeting, held on October 26, 2020,
and its fourth meeting, held on October 27, 2020. It has also posted an
on-line Citizen Survey to solicit additional information from the public.
The questions and responses from the Citizen Survey have been
tabulated, recorded, and made a part of this CR&R.

C. Findings

The Office of Sheriff is a constitutional mandated office, with


expanded duties and responsibilities beyond those of municipal police
forces. N.Y. County Law Ch. 11 Art. 17 § 650(1) (McKinney 2020). Its
policing powers, however, are the same as municipal police forces, with
the primary duty to protect and serve. Sheriff deputies, like other law
enforcement officials are officers of the court, holding a higher duty in the
pursuits of justice.

Like the positions of County Executive, Comptroller, County Clerk,


and District Attorney, the Sherriff is separately elected office to oversee
the Office of the Sheriff, a unit within county government. Subject to
state law and those laws delegated to local county officials, the Sheriff
has the power to make and enforce policies and the duty to carry out the
laws of this State. The Sheriff is among the policymakers who are
necessary to implement the changes recommended by the CTF.

In the County’s annual budget, the ECSO is divided into two


divisions: Sheriff’s Division and Jail Management Division. The ECSO is
breakdown, internally and functionally, into the following divisions:

 Police Services Division,


 Special Services Division,
 Narcotics Division,
 Civil Enforcement Division,
 Professional Standards Division,
 Jail Management Division, and
 Correctional Health Division.
-10-

This Committee focused on those divisions affecting and overseeing the


duties of the 146 deputies assigned to patrol.

Call Data:

• The ECSO responds to call for assistance from 48 jurisdiction


within Erie County

• In the last five years, the ECSO has responded to 446,098 calls,
with the average annual call volume being 89,220 per year.

o Average annual call volume for 2016-2019 is 92,289


o Average annual call volume for 2017-2019 is 94,053

• The City of Buffalo has consistently been the jurisdiction with the
highest call volume, 3 followed by the Town of Clarence, Grand
Island, the Village of Springville, and the Town of Elma. In the last
five years, the top 5 jurisdictions had the following total number of
calls with the following percentage of total calls:

o City of Buffalo: 67,647 (15.2%)


o Town of Clarence: 56,799 (12.7%)
o Town of Grand Island: 52,880 (11.9%)
o Village of Springville: 35,102 ( 7.9%)
o Town of Eden 34,531 ( 7.7%)

• For the last four years, the most calls (94.3%) were noncriminal
calls for assistance including calls for medical or fire services.

• During the last four years, Type II calls alleging criminal violations
accounted for 4.2% of all calls

• During the last four years, Type I call alleging felony and
misdemeanor crimes accounted for 1.5%

3 The high call volume within the City of Buffalo is due to two facts. First, the Offices of the Sheriff
are located within the City of Buffalo. The ECSO responds to call relating to County buildings, like
the Rath Building, and other locations housing County departments. Second, the ECSO makes calls
from the Rath Building to patrol deputies for the serving of warrants, summons and subpoenas.
-11-

• Based on data collected from 2015 through 2019, the Committee


made the following observations, consistent with the findings that
most call for police services and not related to criminal violations or
offenses:

o Call volumes are higher during the week than the


weekend

o Peak hours for calls are between 9:00 am and 4:00 pm

o Low call volumes are between Midnight and 5:00 am

Deputy Survey:

Deputies were asked two questions for which they recorded their
answers on a scale of 1 (not important) to 10 (extremely important):

Q: How important is it to treat citizens with dignity & respect for


achieving policing objectives?

• 25 (78.1%) replied “10”


• 4 (12.5%) replied “9”
• The 3 remaining ranked it between 5 and 8

Q: How important is it to listen to individuals during law


enforcement interactions?

• 27 (84.4%) ranked it as a “10”


• 2 (6.3%) ranked it as a “9”
• The 3 remaining ranked it between 5 and 8
-12-

Deputies also were given statements seeking preference on certain


suggestions to the CTF during the period of public comment:

Q: It would be helpful to have mental health counselors available


on many calls for services.

• 9.4% Strongly Agree


• 34.4% Agree
• 15.6% Neutral
• 15.6% Disagree
• 12.5% Strongly Disagree
• 12.5% Other

Q: I would support dispatching mental health counselors to


many calls rather than police officers.

• 9.4% Strongly Agree


• 6.2% Agree
• 12.5% Neutral
• 12.5% Disagree
• 37.5% Strongly Disagree
• 21.9% Other

Q: Have you ever been assigned to work in a school?

• 84.4% Yes
• 15.6% No

Q: How important do you believe it is for officers to have an


important presence in schools?

• 71.9% Extremely Important


• 25.0% Important
• 3.1% Neutral
• None Not important
• None Not at all Important
-13-

Q: Do you support the use of military equipment and other


tactics such as using water cannons, rubber pallets, acoustic
weapons for crowd control purposes?

• 59.4% Strongly Support


• 18.8% Support
• 12.5% Neutral
• 9.1% Do Not Support, or Strongly Do Not Support

Q: Completing community policing activities with significantly


improve my personal evaluation?

• None Strongly Agree


• 21.8% Agree
• 43.8% Neutral
• 12.5% Disagree
• 21.9% Strongly Disagree

Q: Have you been involved in an internal investigation, either as


a subject or witness?

• 50% Yes
• 50% No

Q: Do you feel comfortable reporting misconduct?

• 81.3% Yes
• 6.2% No
• 12.5% Maybe

Q: Do you feel there would be retribution for reporting the


misconduct of another officer?

• 12.5% Yes
• 87.5% No
-14-

Deputies also were given open-end questions for which they gave written
responses:

Q. What are your three primary activities that you perform


during a typical day or week?

• Responses to this question the most common response


to this question was responding to emergency calls,
interacting with the community, and vehicle in traffic
enforcement. One deputy specifically noted his normal
activities have been altered due to the pandemic.

Deputies were asked whether they would benefit from additional


training and were asked to suggest the type of training they would like
to receive. All but three stated they would like to see additional
training. Many were very specific as to the type of training they would
like to receive:

• “Domestic violence - it's really easy to go handle cause by


doing the paperwork and leave, but there's a lot more to
their period we need to ensure the proper help is given, not
just a piece of paper.

Mental health - Being able to have a higher level of mental


health training would just be another great tool to have in
our toolbox.”

• “Uniformed and definitive answers from the DA's office


regarding search and seizure.”

• Crisis negotiation, crisis intervention, implicit bias, risk


management.”

• Updated use of force for this current political climate.

• Crime intervention tactics.

• More active shooter and large-scale event training.


-15-

• CIT refresher, EMT, interview and interrogation.”

• “Strengthen/Create relationship with the LGBTQ+


community, Multi-Culturalism, Mental Health,
De-escaltion tactics, Defensive Tactics, Implicit/Explicit
Bias.

• Defensive tactics, defensive tactics, defensive tactics.


Hands-on techniques are overlooked and underappreciated.
Everyone wants the Star Trek Fazer that just stuns people
perfectly every time, but it does not exist. An officer that is
confident in his or her ability to Fort a physical assailant is
less likely to panic, and less likely to lose control over a
conflict to point that a firearm becomes necessary. Officers
need to know how to fight and be better than the bad guys.
A few hours at The Academy Is insufficient.

• “Legal updates. Case law.”

• “Law update and Jujitsu. We should be trained no less than


1/10 the time.”

• “Undercover training”

• “Community policing”

• “Dealing with emotionally disturbed people”

• “1) Use-of-force/defensive tactics recurrent training/


annual requalification. 2) First aid/Tactical Emergency
Casualty Care (TECC) recurrent training/annual
qualification. 3) Scenario-based training to better prepare
our officers for stressful situation and critical incidents they
will likely encounter in the field. 4) crisis intervention team
(CIT) training. 5) D escalation training. 6) Advance/
Enhance legal training to protect deputies from civil/
criminal liability. 7) Emergency Vehicle Operations
reoccurring training. 8) Public Order/ riot training as this
-16-

is sadly something we will likely be called to deal with


increasingly in the future.

One deputy’s comment particularly stood out in response to the question,


“do you have any recommendations on how to strengthen the trust
between the police and the community?

“Transparency , accountability, responsibility. We need to be


transparent . . . .we need to hold officers accountable and
performed transparent and proper investigation when
misconduct is alleged. We need to be responsible to those we
serve. And we need to do a better job communicating with the
public and explaining police tactics, the law, and why officers
react or act in a Certain manner when dealing with critical
incidents or high-profile events. The majority of the public
don't understand please tactics or legalities, which often leads
to the perception of miss condo when officers are actually
responding as trained and in the appropriate manner.”

Deputies were invited to response to the following question, “When you


are on a mental health or a health-related call, do you have the support
you need? One deputy stated:

I believe there is a giant hole in the system . When we


respond to a call we can only take police action when subjects
meet certain criteria allowing us to mandate them to a
hospital. However, when the criteria isn't made, we can
make all the recommendations in the world, call crisis
services, call counselors, but there's nothing in between to
help the family. Crisis services say there's nothing they can
do; the police can't mandate them to hospital. So we
essentially leave without anything being done. Do I think
that’s solely on law enforcement? No. But if we want to build
the trust in the community, this is a start. . . . I would say
these are the worst calls for law enforcement . We want to
help . . . help doesn't exist.
-17-

Citizen Survey:

The CTF prepared and posted an on-line survey with 379 people
responding to the survey.

• 98.2% were residents of Erie County

• 87.2% have been Erie County residents for more than 8 years

o 11% have lived in Erie County for more than a year but less
than 8 years

• 50.1% identified themselves as male; 45.6% identified themselves


as female; and the remaining either preferred not to be identified
by gender and identified themselves as “other.”

o 11.7% identified themselves as a member of the LGBTQ+


community

• The age of those responding to the survey is as follows:

o 28.4% were between the ages of 35-44


o 22.9% were between the ages of 25-34
o 21.3% were between the ages of 45-54
o 14.2% were under 18
o The remaining 13.2% were either between the ages of 18-24,
or 65.

• 84.4% were identified as White or Caucasian

o 9.8% were identified as Black or African American


o The 5.8% remaining were identified as
 Hispanic or Latino
 Asian or Asian American
 American Indian or Alaska Native
 Native Hawaiian or other Pacific Islander
 Other
-18-

• Highest Education Level:

o 36.5% have a bachelor’s degree


o 23.8% have a master’s degree
o 22.0% have an associate degree or professional certification
o 10.7% have high school diploma or a GED
o The remaining 7% have either received a doctorate or have
never attended school

• In the past five years, how many times have you had contact with
the Erie County Sheriff Deputy?

o 29.8% No encounter
o 17.8% 1 encounter
o 16.7% 2 encounters
o 16.4% 7+ encounters
o 10.4% 3 encounters
o 8.9 % 4 or 6 encounters

 Of those that had contact, a “random interaction in


public” was the most common response (48%), followed
by “traffic stops” (39%), “Other” (32%), and “Community
Policing Event” (25%).

• During each interaction with an Erie County Sheriff Deputy, were


you treated with dignity and respect?

o 59.9% Yes
o 11.3% No
o 25.7% Not Applicable
o 3.1% Other

• Please write how likely you are to approach an Erie County Sheriff
Deputy for advice or to discuss a community issue.

o 35.8% Very Likely


o 19.6% Likely
o 20.6% Unlikely
-19-

o 24.0% Very Unlikely

• In the past five years, have you ever personally experienced or


witness an Erie County Sheriff deputy discriminating or profiling
based on race, sexual orientation, or national origin?

o 16.5% Yes
o 79.1% No
o 4.4% Other

• Do you feel police should respond to mental health cost?

o 52.1% Yes
o 47.9% No

• To what extent are you satisfied with the overall performance of the
Civil Division/Road Patrol of the ECSO?

o 34.6% Very Satisfied


o 33.8% Satisfied
o 22.3% Dissatisfied
o 9.3% Very Dissatisfied

• Erie County Sheriff Deputies treat people fairly.

o 32.9% Strongly Agree


o 29.4% Agree
o 25.1% Disagree
o 12.7% Strongly Disagree

• What do you believe has happened to the police use of force numbers
over the last 10 years?

o 12.5% Increased a lot (>50%)


o 31.0% Increased somewhat (11%-49%)
o 36.0% Stayed the same (+/- 10%)
o 15.5% Decreased somewhat (11%-49%)
o 5% Decreased a lot (>50%)
-20-

• What do you believe has happened to the police use of deadly force
numbers over the last 10 years? (A definition was including
defining the use of deadly physical force)

o 11.1% Increased a lot (>50%)


o 29.6% Increased somewhat (11%-49%)
o 38.2% Stayed the same (+/- 10%)
o 15.0% Decreased somewhat (11%-49%)
o 1.1% Decreased a lot (>50%)

• Where do you see videos or hear news about police officers using too
much force?

o 47.4% Social media


o 44.7% News
o 7.9% Friends/Family Members or Other

• What is your opinion of the police and their use of force based upon?

o 27.2% Personal Experience


o 45.9% Media
o 12.3% Friends/Family Members
o 14.7% Other

• What would you consider yourself based on your intake of news?

o 2.1% News Evader (No Intake of News)


o 20.6% News Abstainer (Low Level New Intake)
o 56.9% News Median (Intermediate Level News Intake)
o 20.4% News Addict (High Rate of News Intake)

• What is your main source of news?

o 37.0% Internet News Sites


o 30.8% Television
o 17.7% Social Media
-21-

o 14.5% Radio, newspapers, or other internet sites

When asked “What police services are most important/beneficial to


you? The most common police services options selected were
“Investigating Crimes Against Individuals” (88%), followed by
“Investigating Property Crimes” (66%), “Hot Spot or Targeted Patrols of
High Crime Areas” (53%), “Welfare Checks of Individuals” (46%), and
“Community Policing Initiatives (non-traditional) (43.7%).

When asked “Please select the issues you think are the top three
greatest public safety issues in Erie County,” the most common response
was “Domestic violence” (59%), “Gun violence” (42%), “Child
abuse/predators” (40%), Drug abuse (39%), and “Driving under the
influence” (38%).

Those responding to the survey overwhelmingly endorsed the use


of body-camera, dashboard cameras and oversight by an outside law
enforcement agency or by a citizen review board.

D. Recommendations

 The ESCO does not provide an annual report relating to :

o its budget,
o expenditures,
o operations,
o community outreach and resources
o accreditations and awards given to its deputies or
community organizations and leaders,
o statistical reports on its essential functions, and
o other information which the ESCO currently does not
collect or report.

Within the next six months, County officials, including the County
Executive, the Comptroller, members of the Legislature and
Sheriff’s Office, should meet and agree to provide information for
the publishing and posting of an ECSO Annual Report.
-22-

 The ESCO is sufficiently funded and should devote financial and


other resources for training, community outreach, and other items
recommended in this Comprehensive Report & Recommendation.
Before the approval of the next County budget, Erie County and the
ECSO should explore the availability of federal, state, or private
grants to implement changes recommended in this report.

 Within the next six months, the ECSO, Erie County Commissioner
of Health and local mental health professionals and organize should
devise a plan for training deputies, as well as the creation and
deployment of a Crisis Services Response Team to assist deputies
in responding to police calls relating to the safety, mental, or
emotional well-being of an individual. Once a Crisis Services
Response Team is in place, county officials should decide the role of
the response team and the deputy responding to the call and when
such roles might change due to the circumstances evolving at the
scene of the call.

 Within the next year, the ECSO, Central Police Services and other
law enforcement agencies, including the Office of the District
Attorney, should meet a devise plan to offer more training for all
law enforcement officers including, but not limited to:

o Deployment to and planning for Community Events,


Large Gathering, and Protests including
 Risk assessment training
 De-escalating high risk situations
o Strengthening Community Relations with
 Blacks and African Americans
 Other People of Color
 Members of the LGBTQ+ community
 Members of under-represented communities
o Crisis intervention training (CIT)
o Domestic Violence Calls
o Mental Health Calls
-23-

o Legal seminars and training conducted by members of


the District Attorney’s office or retired criminal court
judges
o Emergency Medical Training (EMT) for first
responders
o Use of force training
o Defensive tactics training

II: EMPLOYING SMART AND EFFECTIVE POLICING


STANDARDS AND STRATEGIES
A. Task Assignment

Committee II, chaired by William Krebs, was assigned to review,


and recommend smart and effective standards and strategies for the
ECSO’s Civil Division. Its responsibilities include the following topics:
collaboration with other agencies, training, transparency and discipline,
dispatching, responding to mental health or social calls, best practices for
crime prevention, procedural justice, community policing and gaining
public trust in all communities.

B. Source Material

Committee II employed the same resources used by Committee I,


as described in I, B of this Part. Committee II used the following
additional resources, founding within the Appendix of this CR&R:

 Standardize Performance Appraisal Guideline for Patrol


Services

 Standardize Performance Appraisal

 Standardize Performance Appraisal Guideline for Supervi-


sory Command Assignment

 Standardize Performance Appraisal (Supervisory Command)


-24-

C. Findings

Committee II joins and incorporates the findings made by


Committee I, and adds the following findings:

• During the CTF meetings held on October 6 and October 27,


2020, the members of the public indicated concern about
deputies responding to mental health calls.

• Based on public comments reported during those meetings


and in response to an on-line citizen survey, the public see a
need for cross-training and collaboration with deputies and
mental health professionals.

• In responding to a request for information, the ECSO


indicated that training for mental health calls were “in
planning” but restricted by the pandemic.

• The County’s Employee Assistance Program is only county-


provided service for deputies to seek help after experiencing a
traumatic on-duty event. The Committee finds deputies
should be provided with access to psychological assessment
and counseling.

• Both deputies and members of the public concur that


community policing is valuable means to build mutual trust
and respect between law enforcement agencies and those they
serve.

• A community policing policy already exits within the ECSO.


Administrative General Order A-61.

• Currently, the ECSO offers no incentives, encouragement, or


recognition for deputies participating in community policing
events.

• The most significant findings by this Committee relates to the


composition of its patrol unit. There are 146 deputies
-25-

assigned patrol unit. There is only one Black deputy and one
Native American deputy within the unit.

• The gender composition within the patrol unit is broken down


as follows: 12 White Female; 1 Black Male, 1 Native
American Male, and 132 White Male.

• The ECSO had no information to share with the Committee


relating to plans to address this disparity in its hiring
practices.

• The ECSO acknowledges the following practices are illegal or


otherwise prohibited:

o the use of chokeholds


o shooting at a moving vehicle
o the use of road spikes
o accessing private cell phones without a search warrant

• The ECSO does not collected or report relating to arrests,


charges, traffic stops, tickets, or serve call made, involving
people of color, members of the LGBTQ+ community, or
members of under-represented communities.

• Since 86.9% of citizens who participated in the on-line survey


were White/Caucasian, the relevancy of responses about
racial disparity are questionable.

o 81.5% of the respondents reported they had never


witnessed discrimination or profiling by a sheriff
deputy.

o 65.2% agreed or agreed strongly that deputies treated


people fairly.

o 36.3% believe that use of force stayed about the same


over the last 10 years
-26-

o 38.4% believe that use of deadly force stayed about the


same over the last 10 years

• Considering ways of employing smart and effective policing


standards and strategies, citizens surveyed considered
training and supervision as top priorities, especially related
to responding to mental health calls, reducing racial
disparities and verbal de-escalation tactics.

• Citizens surveyed wanted to see more community outreach


and conflict resolution initiatives (45%), along with increasing
the ECSO’s involvement in schools & youth programs (39%).

D. Recommendations

Committee II joins and incorporates the recommendations made by


Committee I, and adds the following additional recommendations:

 Prior to the preparation and submission of the 2022 budget, county


officials should provide deputies with medical coverage including
psychological assessment and counseling after experiencing a
traumatic on-duty event, or any off-duty event that could impair a
deputy from the performance of his/her public duties.

 Within the next six months, the ECSO should in consultation with
mental health professionals as form to evaluate a deputy after
responding to a mental health call. The form should be used
primarily for training and deployment purposes.

 Within the next six months, the ECSO, in consultation with


community-based organization, should review and enhance the
provisions within Administrative General Order A-61 by, among
other things, demonstrating the value to the ESCO and the
community by making it part of the standardize evaluation report
for patrol services.

 Before the preparation and submission of the 2022 budget, ESCO,


the Erie County Personnel Department, and other appropriate
-27-

County officials should review and consider adding a job title of


Community Liaison charge with the duty and responsibility to
develop and oversee a community policing plan working in
collaboration with community based and faith-based organizations
and with towns and villages.

 Sensitivity training regarding racial, sexual orientation, gender


and gender identity should be added to the training list, outlined by
Committee I in its recommendations.

 Within the next year, State and county officials, including the Erie
County Personnel Department should develop a racial diversity
recruitment plan to encourage diverse applicants to take the civil
service examination for the position of deputy, including early
recruitment of promising young minority high students to attend
college leading to employment with the ECSO.

 Members of the public offering comments about ECSO strongly


encourage the use of body and dashboard cameras. County officials
should require the use of body and dashboard cameras by patrol
deputies.

 The State Civil Service Commissions should re-examine its current


testing method for sheriff deputy, ensuring such examination do not
have a disparage impact on minority applicants and are sufficiently
job-related.

III: FOSTERING COMMUNITY-ORIENTED LEADERSHIP,


CULTURE, AND ACCOUNTABILITLY

A. Task Assignment

Committee II, chaired by Kevin Barnas, was assigned to review,


and recommend practices fostering community-oriented leadership,
culture, and accountability. Its responsibilities include addressing
concerns relating to transparency and discipline, leadership selection
-28-

process, community oversight structures, accountability mechanisms


and other efforts to shape and maintain a healthy and productive
institutional culture.

B. Source Material

Committee III employed the same resources used by Committees I


and II, as described in I, B and in II, B of this Part. Committee III used
the use of force form, contained in the Appendix and made part of this
report, along with Administrative Order A-42.

C. Findings

Committee III joins and incorporates the findings made by


Committees I and II, and adds the following findings:

• 54% of the citizens responding to on-line survey found training and


robust supervision is paramount to ensure equality and social
justice is carried out by ECSO deputies.

• ECSO has not policy in place mandating members of the


Professional Standards Division be a higher rank than those who
are the target of an internal affairs investigation.

• In response to the Deputy Survey, one deputy stated:

“We would rather sweep things under the rug to prevent bad press
and tough conversations instead of holding people accountable, and
by doing so, we have created a platform over recidivism without
consequences. We protect the person at fault instead of the
community, victim, and potential future victims. If we can’t police
our own, how can we be trusted to serve the community.”

• ESCO ceased furnishing annual reports to the public in 2004.

• Currently there is no policy in place to solicit community


participation in the selection process or to vet qualifications of
personnel selected to leadership positions Division Heads and
-29-

Chiefs. It is the sole discretion of the Sheriff to appoint such


personnel.

• In response to the Deputy Survey, one deputy stated:

“Those appointed to patronage leadership position may have


attended the state mandated supervisor school if they were in
a civil service position; otherwise there is no leadership
training required. Also, ECSO is loaded with political flunkies
and not dedicated professionals.”

• The Committee also received the following public comment:

“Lead by example. It's very disheartening to see a police officer


behaving like the law doesn't apply to them. Makes me feel like they
are not worthy of my trust.”

• In a response to a request for information, the ECSO referred to


Administrative Order A-42, stating the use of force is guided by
Article 35 of the New York State Penal Law and relies on verbiage
requiring deputies to complete a Use of Force Form when “physical
force is used.”

o Current policy is BAE and leads to ambiguities as


evident in the recent survey of deputies.

o Specific examples should be outlined to guide deputies.

• ECSO supplied data from the Profession Standards Division


regarding investigations from 2017 through 2019. A total of 9
investigations related to road patrol deputies during this
timeframe. Only three of these investigations resulted in
discipline. No information will supply for average length of
investigations.

o There is no written timeframe for an investigation to be


completed, it is left to the discretion of the Chief of the
Professional Standards Division.
-30-

• ECSO has no Early Warning System (EWS), to monitor deputies


who have been subject of complaints or discipline.

D. Recommendations

Committee III joins and incorporates the recommendations made


by Committees I and II. Committee III submits the following additional
recommendations:

 The Sheriff should immediately adopt a policy requiring members


of the Professional Standards Division to be ranking officers within
the ECSO and ensuring the investigating member will not be
placed in a precarious position of investigating a member of higher
rank.

 Within the next year, County officials and members of the ECSO
shall meet and empanel a citizen review board with the
responsibility of fielding, reviewing, and the investigation and
disposition of all citizen complaints made against a deputy.

 Prior to the empaneling of a citizen review board, the County


officials should require the ECSO make available to the public
complaints filed against members of its department.

 Before the end of the year, state and county officials should enact
legislation requiring any person being appointed by the Sheriff to
an exempt, confidential, or policymaking position should be vetted
and approved by the citizen review board.

 The Sheriff, in consultation with CPS, should immediately update


its use of force policy to include more specificity on what constitutes
use of force and the circumstances triggering the reporting
requirements.

 Upon the election of the new Sheriff, the ECSO should review and
update its performance appraisal form.
-31-

 The ECSO should adopt a policy setting time limits for internal
affairs investigations. The Committee recommends all
investigation should be completed within 90 days, which may be
extended by a PSD supervisor if the request is received 20 days
prior to the original 90 deadline.

 Within the next year, County officials should require all standard
form to be given to any member of the public must be translated
into the language of the recipient.

 Within the next six-months, the ECSO shall retain the professional
consulting services to design and implement an EWS.

IV: RECRUITING AND SUPPORTING EXCELLENT


PERSONNEL

A. Task Assignment

Committee IV, chaired by Melissa Hartman, was assigned to


review, and recommend practices for recruiting, training, and supporting
excellent personnel.

B. Source Material

Committee IV employed the same resources used by other


committees.

C. Findings

Committee IV joins and incorporates the findings made by


Committees I, II, and III. Committee IV has also prepared a separate
written report, contained in the last section of the Appendix, is
incorporated, and made of part of this CR&R.
-32-

D. Recommendations

Committee IV joins and incorporates the recommendations made


by Committees I, II and III. Committee IV has also prepared a separate
written report with recommendations, contained in the last section of the
Appendix, is incorporated, and made of part of this CR&R.

PART 3: CLOSING REMARKS

"Those who make peaceful revolution impossible make violent revolution


inevitable." President John F. Kennedy

The CTF’s role has now been completed by the submission of this
Comprehensive Report and Recommendation to the County of Erie. As a
citizen task force, we have only the power to recommend, but not to
implement the recommendations. This Comprehensive Report and
Recommendation has been written and submitted to the Erie County
Legislature for the purpose of continuing the open dialogue between the
community and state and local, policymakers and to guide those
discussions.

The Office of the County Executive will now post the plan on the
County’s website, allowing the public a last opportunity to submit
comments before the preliminary plan is finalized. The Citizen Task
Force will review such comments and if necessary, amend or modify the
plan prior to ratification and approval by the Legislature. Only the
public, not the County Executive or the members of the Legislature, may
cause the Citizen Task Force to change or modify its report and
recommendations.

The Legislature’s role is to review the report and recommendations


and to direct the plan be certified as the official report and
recommendation of the Erie County Police Reform Citizen Task Force.
The Legislature must ratify and approve the report and recommendation
on or before April 1, 2021. The Clerk of the Legislature will then prepare
the certification and forward it to the State Budget Director. The
-33-

certification is the proof required to show the County has complied with
the Governor’s Executive Order.

The Governor’s Executive Order sets forth serious penalties if the


plan is not ratified and approved by April 1, 2021. For example, the State
Budget Director has the authority to withhold the receipt of future
appropriated state or federal funds “for which such local government
would otherwise be eligible,” pending the receipt of the certification. The
Budget Director has also been empowered to seek the support and
assistance of state agencies to enforce compliance with the Governor’s
Executive Order.

The Citizen Task Force submits this plan so the Legislature may
review and approve the report and recommendation prior to its March
25, 2021 meeting. Please advise me whether you would like members of
the Citizen Task Force to appear before the Legislature to answer any
questions.

Respectfully submitted

ERIE COUNTY POLICE REFORM


CITIZEN TASK FORCE

Martin S. Floss, PhD.


Chair
APPENDIX
APP-1

Letter, dated September 11, 2020,


from County Executive Mark C.
Poloncarz to the Erie County
Legislature and Erie County Sheriff
APP-2

COUNTY OF ERIE
MARK C. POLONCARZ
COUNTY EXECUTIVE

September 11, 2020

Honorable Members Sheriff Timothy Howard


Erie County Legislature Erie County Sheriff's Office
th
92 Franklin Street - 4 Floor 10 Delaware Avenue
Buffalo, New York 14202 Buffalo, New York 14202

Re: Appointments to Erie County Police Reform and Reinvention Collaborative

Dear Honorable Members and Sheriff Howard :

Please be advised that, pursuant to Governor Andrew M. Cuomo's Executive Order 203, I hereby
appoint the following individuals to the Erie County Police Reform and Reinvention Collaborative Task
Force (the "Task Force").

Erie County Police Reform Panel At-Large Appointments

Joseph Agro, Esq. Melodie Baker Kevin Barnas


759 Bird Ave. 5553 Hidden Pines Ct. 306 Enchanted Forest N
Buffalo, NY 14209 Williamsville, NY 14221 Lancaster, NY 14086

Ysaias Feliz Jonathan Miles Gresham, Esq . Supervisor Melissa Hartman


210 Carpenter Ave 66 Summer St. 3063 Hillbrook Dr.
Buffalo, NY 14223 Buffalo, NY 14209 Eden, NY 14057

Holly L. Hubert Mayor William Krebs Margaret Murphy, Esq.


1576 Sweet Home Rd. #218 8 Windswept Dr. 5354 Briercliff Dr.
Amherst, NY 14228 Springville, NY 14141 Hamburg, NY 14075

Olivia Owens Brittany Pemberthy, Esq. Keith White


391 Washington St . #509 80 Aspenwood Dr. 102 South Main St.
Buffalo, NY 14210 East Amherst, NY 14051 Angola, NY 14006

Martin Scott Floss Ph.D


178 Kings Highway
Amherst, NY 14226

RATH BUILDING• 95 FRANKLIN STREET• BUFFALO, N.Y. • 14202 • (716) 858-8500 • WWW.ERIE.GOV
APP-3
Police Reform and Reinvention Collaborative Appointments
September 11, 2020
Page 2 of 2

It is my administration's intention to hold the first meeting of the task force later this month, at
which time the guidelines as provided by New York State will be discussed, as well as the timeline for
st
passage of a final plan by the April 1 deadline as required by Executive Order 203.

Because the Governor's Executive Order contemplates an open process where all members of
the community are involved and the public's comments are to be taken into considered, the first
meeting of the Task Force will be held at a location large enough to hold an in-person, with future
meetings to be either in-person or virtually held.

Should you have any questions regarding these appointments please feel free to contact my
office at (716) 858-8500.

Sincerely yours,

Mark C. Poloncarz, Esq .


Erie County Executive

MCP/ds

cc: Governor Andrew M. Cuomo


Appointees
APP-4

County Executive Power Point


Presentation on January 30, 2020
at Erie County Training and
Operation Center
APP-5

Erie County – NYS


Police Reform and
Reinvention
Collaborative
WEDNESDAY, SEPTEMBER 30, 2020
ERIE COUNTY EXECUTIVE
MARK POLONCARZ
APP-6

Welcome Members of the


Task Force
 Joseph Agro, Esq.
 Melodie Baker
 Kevin Barnas
 Ysaias Feliz
 Martin Scott Floss Ph.D
 Jonathan Miles Gresham, Esq
 Town of Eden Supervisor Melissa Hartman
 Holly L. Hubert
 Springville Mayor William Krebs
 Margaret Murphy, Esq.
 Olivia Owens
 Brittany Pemberthy, Esq.
 Keith White
APP-7

Executive Order 203:


 Each chief executive of such local government shall convene the
head of the local police agency, and stakeholders in the
community to develop such plan, which shall consider evidence-
based policing strategies, including but not limited to, use of force
policies, procedural justice; any studies addressing systemic racial
bias or racial justice in policing; implicit bias awareness training; de-
escalation training and practices; law enforcement assisted
diversion programs; restorative justice practices; community-based
outreach and conflict resolution; problem-oriented policing; hot
spots policing; focused deterrence; crime prevention through
environmental design; violence prevention and reduction
interventions; model policies and guidelines promulgated by the
New York State Municipal Police Training Council; and standards
promulgated by the New York State Law Enforcement Accreditation
Program.
APP-8

Executive Order 203:


 In coordination with its police agency, must consult with
stakeholders, including but not limited to membership and
leadership of the local police force; members of the community,
with emphasis in areas with high numbers of police and community
interactions; interested non-profit and faith-based community
groups; the local office of the district attorney; the local public
defender; and local elected officials, and create a plan to adopt
and implement the recommendations resulting from its review and
consultation, including any modifications, modernizations, and
innovations to its policing deployments, strategies, policies,
procedures, and practices, tailored to the specific needs of the
community and general promotion of improved police agency and
community relationships based on trust, fairness, accountability, and
transparency, and which seek to reduce any racial disparities in
policing.
APP-9

Executive Order 203:

 Such plan shall be offered for public comment to all


citizens in the locality, and after consideration of such
comments, shall be presented to the local legislative
body in such political subdivision, which shall ratify or
adopt such plan by local law or resolution, as
appropriate, no later than April 1 2021.
APP-10

All of this must be done


by a “collaborative
process” as defined in
the guide provided by
the state.
APP-11

What does that mean and what


should this process include?
APP-12

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
APP-13

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
 Establish policies that allow police to effectively and safely perform
their duties;
APP-14

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
 Establish policies that allow police to effectively and safely perform
their duties;
 Involve the entire community in the discussion;
APP-15

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
 Establish policies that allow police to effectively and safely perform
their duties;
 Involve the entire community in the discussion;
 Develop policy recommendations resulting from this review;
APP-16

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
 Establish policies that allow police to effectively and safely perform
their duties;
 Involve the entire community in the discussion;
 Develop policy recommendations resulting from this review;
 Offer a plan for public comment;
APP-17

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
 Establish policies that allow police to effectively and safely perform
their duties;
 Involve the entire community in the discussion;
 Develop policy recommendations resulting from this review;
 Offer a plan for public comment;
 Present the plan to the local legislative body to ratify or adopt it by
April 1, 2021; and
APP-18

What does that mean and what


should this process include?
 Review the needs of the community served by its police agency,
and evaluate the department’s current policies and practices;
 Establish policies that allow police to effectively and safely perform
their duties;
 Involve the entire community in the discussion;
 Develop policy recommendations resulting from this review;
 Offer a plan for public comment;
 Present the plan to the local legislative body to ratify or adopt it by
April 1, 2021; and
 Certify adoption of the plan to the State Budget Director on or
before April 21, 2021.
APP-19

What Police Agency Will This


Panel Review?
APP-20

What Police Agency Will This


Panel Review?
APP-21

Part I. Key questions and


Insights for Consideration
• What Functions Should the Police Perform?
APP-22

Part I. Key questions and


Insights for Consideration
• What Functions Should the Police Perform?
• Determining the Role of the Police.
APP-23

Part I. Key questions and


Insights for Consideration
• What Functions Should the Police Perform?
• Determining the Role of the Police.
• Staffing, Budgeting, and Equipping Your Police Department
APP-24

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
APP-25

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
APP-26

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
APP-27

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
APP-28

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
APP-29

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
 Use of Force for Punitive or Retaliatory Reasons
APP-30

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
 Use of Force for Punitive or Retaliatory Reasons
 Pre-textual Stops
APP-31

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
 Use of Force for Punitive or Retaliatory Reasons
 Pre-textual Stops
 Informal Quotas for Summons, Tickets or Arrests
APP-32

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
 Use of Force for Punitive or Retaliatory Reasons
 Pre-textual Stops
 Informal Quotas for Summons, Tickets or Arrests
 Use of SWAT Teams and No-Knock Warrants
APP-33

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
 Use of Force for Punitive or Retaliatory Reasons
 Pre-textual Stops
 Informal Quotas for Summons, Tickets or Arrests
 Use of SWAT Teams and No-Knock Warrants
 Use of Less-Than-Lethal Weaponry (Tasers/Pepper Spray)
APP-34

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
 Specific Police Strategies that have raised concerns:
 “Broken Windows” and “Stop and Frisk”
 Discriminatory or Bias-Based Stops, Searches & Arrests
 Chokeholds and Other Restriction on Breathing
 Use of Force for Punitive or Retaliatory Reasons
 Pre-textual Stops
 Informal Quotas for Summons, Tickets or Arrests
 Use of SWAT Teams and No-Knock Warrants
 Use of Less-Than-Lethal Weaponry (Tasers/Pepper Spray)
 Use of Facial Recognition Technology
APP-35

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
• Look at Law Enforcement Strategies to Reduce Racial Disparities & Build Trust
APP-36

Part II. Establishing Smart


and Effective Policing
Standards & Strategies
• Examine Procedural Justice and Community Policing
• Look at Law Enforcement Strategies to Reduce Racial Disparities & Build Trust
• Community engagement
APP-37

Part III. Fostering Community-


Oriented Leadership, Culture
and Accountability
APP-38

Part III. Fostering Community-


Oriented Leadership, Culture
and Accountability
• Leadership and Culture;
APP-39

Part III. Fostering Community-


Oriented Leadership, Culture
and Accountability
• Leadership and Culture;
• Tracking and Reviewing Use of Force and Identifying
Misconduct;
APP-40

Part III. Fostering Community-


Oriented Leadership, Culture
and Accountability
• Leadership and Culture;
• Tracking and Reviewing Use of Force and Identifying
Misconduct;
• Internal Accountability for Misconduct;
APP-41

Part III. Fostering Community-


Oriented Leadership, Culture
and Accountability
• Leadership and Culture;
• Tracking and Reviewing Use of Force and Identifying
Misconduct;
• Internal Accountability for Misconduct;
• Citizen Oversight and Other External Accountability; and
APP-42

Part III. Fostering Community-


Oriented Leadership, Culture
and Accountability
• Leadership and Culture;
• Tracking and Reviewing Use of Force and Identifying
Misconduct;
• Internal Accountability for Misconduct;
• Citizen Oversight and Other External Accountability; and
• Data, Technology and Transparency
APP-43

Part IV. Recruiting and Supporting


Excellent Personnel
APP-44

Part IV. Recruiting and Supporting


Excellent Personnel

• Recruiting a Diverse Work Force;


APP-45

Part IV. Recruiting and Supporting


Excellent Personnel

• Recruiting a Diverse Work Force;


• Training & Continuing Education; and
APP-46

Part IV. Recruiting and Supporting


Excellent Personnel

• Recruiting a Diverse Work Force;


• Training & Continuing Education; and
• Supporting Officer Wellness and Well-Being
APP-47

Process and Plan for


Moving Forward
APP-48

Process and Plan for


Moving Forward
 Planning and Listening & Learning (through early November)
APP-49

Process and Plan for


Moving Forward
 Planning and Listening & Learning (through early November)
 Draft Initial Proposals (early November through December 31)
APP-50

Process and Plan for


Moving Forward
 Planning and Listening & Learning (through early November)
 Draft Initial Proposals (early November through December 31)
 Public Comment to Proposals (January 1 through early February)
APP-51

Process and Plan for


Moving Forward
 Planning and Listening & Learning (through early November)
 Draft Initial Proposals (early November through December 31)
 Public Comment to Proposals (January 1 through early February)
 Revise and Ratify Plan (early February through February 28)
APP-52

Process and Plan for


Moving Forward
 Planning and Listening & Learning (through early November)
 Draft Initial Proposals (early November through December 31)
 Public Comment to Proposals (January 1 through early February)
 Revise and Ratify Plan (early February through February 28)
 Legislature Ratifies Plan (March 1 through April 1, 2021)
APP-53

Schedule for Future Meetings


APP-54

Schedule for Future Meetings

• Meeting #2 – Review of current Erie County Sheriff’s Office


Policies – presented by representatives of the Erie County Sheriff’s
Office. (Early October)
APP-55

Schedule for Future Meetings

• Meeting #2 – Review of current Erie County Sheriff’s Office


Policies – presented by representatives of the Erie County Sheriff’s
Office. (Early October)
• Meetings #3 and 4: take public comments on matters of
concern and consideration. (Third and Fourth Weeks of October)
APP-56

Schedule for Future Meetings

• Meeting #2 – Review of current Erie County Sheriff’s Office


Policies – presented by representatives of the Erie County Sheriff’s
Office. (Early October)
• Meetings #3 and 4: take public comments on matters of
concern and consideration. (Third and Fourth Weeks of October)
• Future meetings will be done virtually and, as necessary, in-
person.
APP-57

Schedule for Future Meetings


• Meeting #2 – Review of current Erie County Sheriff’s Office
Policies – presented by representatives of the Erie County Sheriff’s
Office. (Early October)
• Meetings #3 and 4: take public comments on matters of
concern and consideration. (Third and Fourth Weeks of October)
• Future meetings will be done virtually and, as necessary, in-
person.
• Email to collect public comment will be
ecpolicereform@erie.gov
APP-58

Thank You for Committing to Serve!


APP-59

Minutes of the CTF Meetings


APP-60

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #1
September 30, 2020

15 mins: Introduction-
County Executive Poloncarz welcomed the Task Force members and
asked each one to share a little background information about their
credentials.

15 mins: Discussing Executive Order 203-


• Review the needs of community served by its police agency
• Establish policies
• Involve the Community and receive feedback from public
comments
• Offer a plan for public comment
• Present plan to legislature
• Certify adoption of the plan to State Budget Director before April
1, 2021

15 mins: Discussing sub-sections of guidebook- Key questions and


insight for consideration.
• What functions should the police perform- Determining role of
police, budget restrictions.
• Establish smart and effective policing standards and strategies-
Specific police strategies, stop & frisk, Swat teams. Procedural
justice and community policing.
• Fostering community orientated leadership, culture and
accountability- Leadership, internal accountability, transparency.
• Recruiting and supporting excellent personnel- recruiting a
diverse workforce, trainings, supporting officer well-being and
mental health.
APP-61

15 mins: Process and plan for moving forward


• Planning, listening, and learning
• Draft initial proposals
• Public comments
• Revise and ratify plan
• Legislature ratifies plan and adopts proposals

5 mins: Schedule for future meetings


• Meeting #2- Review of Erie County Sheriff’s Office policies
• Meeting #3&4- Public comments
• Discussed future meetings being both virtual and in-person as
necessary.

5 mins: County Executive named Dr. Martin Floss as Chairman of the


task force.

15 mins: Open comments from Task Force members-


Miles Gresham asked about central police services being included in the
scope of this task force. Central police services will not be under review
of this task force.

Commissioner Jancewicz spoke about Central Police Services and


offered his services to the task force upon request.

5 mins- Closing remarks by County Executive Poloncarz.


APP-62

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #2
October 22, 2020

5 mins: Introduction-
County Executive discussed the agenda for today’s meeting.

20 mins: Presentation by Erie County Sheriff’s Office


• Roles of a Sheriff- video presentation by Sheriff’s Office Liaison

20 mins: Task force discussed policies and procedures of Sheriff’s Office


• Task force would like to know what policies are active and which
of them need to be updated. Will submit questions to Sheriff’s
Office liaison for up to date responses.

30 mins: Task Force discussed how to accomplish goals of police reform


• The group discussed different methods of researching police
reform. Discussed looking at other models throughout the country.
Chairman discussed coming to conclusions once data is received
and basing conclusions off data-based evidence.
• The task force discussed breaking into committees to focus on
addressing all “Key questions and insight for consideration” that
was provided in the guidebook.

30 mins: Task force discussed focusing on services of the police, Use of


force data, and mental health calls. Group discussed at length and will
seek further answers by submitting questions to Sheriff’s Office liaison.

10 mins: Closing statements-


Discussed format and structure of future meetings.
APP-63

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #3
October 26, 2020

20 mins: Introduction from Chairman Floss-


Discussed how the Task Force will analyze information, discussed how
task force will evaluate information and discussed how task force will
arrive with conclusions for proposals for police reform.

40 mins: Public comments-


Questions and comments from the community were discussed amongst
task force members. Task Force members listened to the public
comments and will incorporate the public’s comments into their
research and policy evaluations.

30 mins: Introduction of Task Force members to the public-


Task Force members introduced themselves and gave background
information of their credentials.

10 mins: Closing statements-


The task force discussed format and structure of future meetings. The
task force would like to remain virtual, due to health concerns in regard
to global pandemic (COVID-19)
APP-64

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #4
October 27, 2020

15 mins: Chairman discussed goals of the task force, discussed thinking


critically about reform and the recommendations that will be made to
improve policing.

60 mins: Public comments-


• Dispatching mental health providers to calls dealing with mental
health issues/concerns
• Decrease or eliminate overtime pay for police (To better balance
budget)
• Abide by “Carol’s Law”
• Creating a way for the public to report police misconduct(Task
Force member Brittany Penberthy added their needs to be more
follow through with training the employees that handle public
complaints, often not enough follow-through)
• Discussed Pro-active policing and Re-active policing.

15 mins: Task Force discussed different methods on how to encourage


more public comments. Task force discussed selection of committees.
Discussed whether next meeting should be virtual or in-person. Next
meeting will be virtual and scheduled for 11/5/2020.
APP-65

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #5
November 5, 2020

10 mins: Introduction-
Chairman discussed moving forward with task force and encouraged
the committees to meet and to start focusing on policy changes and
reform.

30 mins: Public comments-


• Independent review boards of police misconduct
• Transparency of complaints made against Sheriff’s deputies
• Re-allocation of police funding to more community-based services
• Switching police “paid overtime” to “Comp time” only, to reduce
the budget

20 mins: Committee’s scheduling-


The task force discussed committee goals and format. Discussion of how
chairperson for committees should be selected. The groups will pick
their own committee chairperson, once they meet individually. Sheriff’s
liaison encourages committees to reach out to his office and he will
provide them with answers to the questions they might have.

20 mins: Sharing information-


Group discussed sharing information via Google Docs. The task force
discussed committee procedures on how to accomplish task and
complete proposal draft.
APP-66

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #6
December 7, 2020

15mins: Chairman discussed “Public surveys” and “Deputy Surveys”


that the Task Force will circulate for feedback for reform. Task Force
spoke about the types of request for information they asked of the Erie
County Sheriff’s Office.

Committee’s reported on their findings and request to be provided


additional information about policies of the Erie County Sheriff’s Office.

10 mins: Group 1 discussed their questions they were asked to


complete. Their section was “What functions should the police perform?”
The group requested further information on police calls over the last 5
years, as well as budget line request.

10mins: Group 2 was charged with completing the question “Employing


smart and effective policing standards and strategies.” The group
discussed community policing and dispatching mental health providers
to a call where an individual is having a mental health crisis.

15 mins: Group 3 was tasked with looking into “Fostering community-


orientated leadership, culture and accountability.” This group discussed
internal affairs and how those cases are investigated. They had
questions as to determine the length of these investigations, where can
the public view the results of these investigations. They had questions
about the policy of having a lower ranked officer investigating a higher-
ranking officer or supervisor and how does that dynamic work. They
also requested further information on “Use of Force” calls.

15 mins: Group 4 was charged with “Recruiting and supporting


excellent personnel.” This group discussed their request to the Erie
County Sheriff’s Office. They had questions about the methods of
recruitment, and the recruitment of minority candidates. What steps
APP-67

does the Sheriff’s office utilize to promote diversity in their agency? The
group also asked for demographics of the Sheriff’s Office.

20 mins: Closing-
Discussing which “Citizen survey” to choose, there were two choices to
choose from. The task force voted and selected one survey to go out to
the public. The task force discussed different sources on how to circulate
the survey once it is ready to be distributed. Group discussed using local
town or village social media outlets, using the Erie County Executive’s
social media outlets to advertise the survey to the public.
APP-68

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #7
December 22, 2020

5 mins: Introduction-
Chairman Floss has sent the questions requested by the committees to
the Erie County Sheriff’s Office. Sheriff’s Office Liaison stated that he
has received the questions (74 total questions); he will have the
questions answered by the next meeting of the task force.

10 mins: The task force discussed sending out the survey to the
different media outlets. The task force will use town and villages social
media sites.

15 mins: Erie County Sheriff’s Office mentioned making a notation on


the survey; requesting that they survey should be completed by
residents of the towns and villages that the Erie County Sheriff’s Office
serves. The Sheriff’s Office does not patrol all municipalities in Erie
County and the Sheriff’s office requested that they survey be specific to
the areas they do patrol. The task force considered the request but
after further discussion decided to make the survey available for all
Erie County residents.

10 mins: Closing-
The task force discussed the survey selected to be completed by the
Sheriff’s deputies. Chairman Floss is still finalizing the questions on the
Sheriff’s survey and stated it will be completed by the next task force
meeting. By the next meeting the Sheriff’s Office will respond to the
questions asked by the committees. The Chairman will analyze the
answers received from the Sheriff’s Office and then share with liaison to
share with all task force members. Next meeting scheduled for 1/7/2021.
APP-69

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #8
January 12, 2021

10 mins: Introduction-
Chairman Floss discussed the urgency to start working on drafting
requests for information and instructed committees to meet and start
working on their section to complete.

30 mins: Discussed information and data received from the Sheriff’s


Office. The information received showed frequency of police calls, the
type of police calls and the location of the calls where they responded.
The Chairman shared data virtually of the police calls received in 2017
and 2019. 17% of service calls were reported responding to the City of
Buffalo. The Chairman showed data of Type 1 and Type 2 calls for
service (these types of calls only made up 5% of all calls of service).

20 mins: The group discussed “No knock warrants” that the Sheriff’s
office executed. There was 276 “No knock warrants” performed during
2014 and 2019. The task force members asked about the demographics
of the suspects on whom warrants were executed. Erie County Sheriff’s
Office did not keep the records of demographics of the warrants
performed but stated they could retrieve that from the court paperwork.
Task force member asked if the Erie County Sheriff’s Office trains with
any other local police agencies. Erie County Sheriff’s Office liaison
stated, “the Sheriff’s Office does collaborate and train with other local
agencies.”

10 mins: Chairman Floss will send out survey in the next two days, task
force members will then share the survey on social media outlets and as
many venues as possible.

10 mins: Erie County Sheriff’s Office liaison spoke to the task force
about the questions his office received. Liaison will complete the
questions, noted that some questions are duplicates and spoke to how
he will format those responses.
APP-70

10 mins: Closing-
The task force discussed taking time to meet with committees to work
on that group’s section of the draft. The task force is now waiting to
receive the answers to the group’s questions and waiting on “Citizen
Survey” responses. Next meeting 1/28/21.
APP-71

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #9
January 28, 2021

10 minutes: Introduction-

The task force now has the “Citizen survey” available on social media
sites for the residents of Erie County to complete. Chairman shared
information on “calls for service” the Chairman made statistical charts
to categorize the calls for service that were received by the Erie County
Sheriff’s Office.
• The Erie County Sheriff’s Office receives about 95,000 service calls
per year on average.

5 minutes: The task force discussed the committees formatting of their


section.
• Discussed writing an overview section for each sub-section.
• Committee members will address all the questions and provide an
answer for each question in their sub-section.

10 minutes: The group discussed creating a rough draft and having one
or two writers from the task force revise the draft for submission.
• The task force is still waiting for information on demographics of
the Erie County Sheriff’s office.

30 minutes: The task force discussed the survey responses. The


Chairman shared some of the data he has received so far.
• The Chairman described the survey responses as being mostly
positive for the Erie County Sheriff’s Office. The Chairman is still
working on getting the responses from the survey to the rest of the
task force members
• The task force discussed how to portray the information that they
received from the surveys, into the draft.
APP-72

• The task force members are concerned that the survey will not be
completed by the minority community; task force discussed
reaching out to local churches and minority media outlets.
• The task force would like to have underrepresented communities
involved in the survey; task force would like the survey to
represent all communities in Erie County.

15 minutes: Closing statements-


• Chairman and task force discussed the research they have
completed.
• Chairman will get the “Citizen Survey” responses to all
members of the task force.
• Chairman will send “Deputy Survey” responses to all members.
• Next meeting 2/9/21
APP-73

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #10
February 9, 2021

10 mins: Introduction-
Chairman discussed the “Citizen survey” had 363 responses from Erie
County residents. The “Deputy’s survey” had close to 22 responses.

20 mins: The task force discussed completing the draft by 2/22/21 and
submitting the draft for public comment. The task force members have
viewed sample drafts to get a better viewpoint of what is required for
their draft. The group feels comfortable in the research they have done
to arrive at their recommendations and feel confident that the proposals
they will make will be evidence based and offer practical resolutions.
The task force will submit a rough draft to the Chairman by 2/15/21.

20 mins: The task force revisited the “Calls for service” data from the
Erie County Sheriff’s Office. The task force discussed “Use of Force”
calls data. The task force had questions as to what classifies as “Use of
force” as the description is vague in the Erie County Sheriff’s Office
policy book.

20 mins: The task force discussed community policing, seeking


clarification on what Sheriff’s Office defines as community policing. The
Chairman discussed that the Sheriff’s Office might not realize how
many of their actions or patrol is considered community policing, the
task force will seek further information on that topic from Erie County
Sheriff’s Office.

15 mins: Closing-
The task force set up meetings for the committees to work on their
assigned sections. The committees will work on their rough drafts to be
submitted to the Chairman. Each committee will meet virtually and
individually to complete the goal, before submitting the draft.
APP-74

Erie County Police Reform & Reinvention


Collaborative
Minutes from Meeting #11
February 17, 2021

5 minutes- Introduction-
The task force spoke about the recommendations that were made by the
committees. The task force discussed if there are any differences in
opinion on a recommendation between task force members, how to
settle the discrepancy. The task force decided to support all suggestions
and include the recommendation, even if there are oppositional
thoughts.

25 minutes- The task force discussed final draft formatting.


• The draft will include a section for public comments.
• The draft will include a section for the Erie County Sheriff’s Office
to comment on the recommendations.
• The task force discussed the “Overview” section, to ensure that the
reader will see all the research the task force included into
making their final recommendations.

20 minutes-Discussion of timeline to complete the draft


• The committees have submitted their findings and
recommendations.
• Task Force member Margaret Murphy will create a final version
of the draft, from all the submissions of recommendations from
the committees. Chairman Floss will assist with the final draft as
well.
• The task force will submit the draft for public comment on 2/23/21
APP-75

Erie County Sherriff’s Office Police


Reform Citizen Survey

Link to Citizen Survey


APP-76
Erie County Sheriff’s Office Policy Reform Citizen Survey
APP-77
APP-78
APP-79
APP-80
APP-81
APP-82
APP-83
APP-84
APP-85
APP-86
APP-87
APP-88
APP-89
APP-90
APP-91

Demand for Information by Citizen


Task Force & ECSO Response to
Demand
APP-92

DEMAND FOR INFORMATION BY CITIZEN TASK


FORCE & ECSO RESPONSE TO THE DEMAND

Committee I : What Functions Should the Police Perform?


# Request/Response
1 All Calls for Police Services for the ECSO for 2017, 2019 & 2019, to include—
town/municipality, address, call type/description, date/time of call.

Data given to CTF Chair

2 A list of situations whereby the ECSO “self-initiates” interventions in the


community (e.g., Bills Stadium security, Warrant enforcement, Narcotics, K—
9)
Written response: “Since 1821, the sheriff’s office has faithfully discharged
its common law duties, now codified in New York State statute: conserving
the peace (police duties); enforcing orders of the court; care and custody of
incarcerated people remanded or sentenced by the court. Although these
traditional duties have never changed, the manner in which the sheriff’s
office performs these duties has evolved, over time, in response to acute or
organic changes in community needs and norms (e.g., Narcotics Bureau,
Family Offense Unit, SWAT, explosive device unit, public health emergencies,
etc.). When sheriffs have failed to assess community changes they have been
removed from office. To wit: Two Erie County sheriffs were removed from
office, by the NYS governor, for acts of omission (i.e., failing to perform their
policing duties): Sheriff August Beck was removed from office, May 28, 1894,
for failing to enforce election law and protect citizens at polling places in the
City of Buffalo 4; and, Sheriff Samuel Caldwell was removed from office,
January 18, 1902, for failing to shutter a poolroom in the City of Buffalo 5. The
stadium and arena are owned by the county and as part of the lease
agreement must provide traffic control and security.”

3 All complaints against ECSO Police Services, Narcotics and Special Services
personnel that are related to police misconduct for the past 5 years—
classified by unit/assignment, type of complaint, # of complaints per sworn
personnel per year (please no names).
Data given to CTF Chair

4 New York Times; May 29, 1894; pg. 9


5 New York Times; January 19, 1902; pg. 1
APP-93

4 List of agencies that the ECSO collaborates with when dealing with Mental
Health calls, Substance Abuse calls, and those who assist the homeless.
Written response: “Crisis Services, Adult Protection Services, and Child
Protection Services.”

5 What collaborations & services are available in the more rural areas covered
by the ECSO?
Written response: “The sheriff’s office does not provide services particular to
rural portions of the county, other than non-dedicated police services.”

6 A breakdown of 911 staffing—positions, #’s, employee demographics


Written response: “18 dispatchers: Female: 1 Hispanic; 3 White.
Male: 1 Asian; 13 White.”

7 How are 911 calls routed—police, fire or EMS?


Written response: “All cellular calls in Erie County are answered at a
centralized answering point by Erie County Central Police Services (CPS).
Both ECSO & CPS are located in the Public Safety Campus in Buffalo, NY.
CPS uses both GPS coordinates (mapping) and an address database, along
with interrogation of the caller, to determine which PSAP should receive the
call, and transfers the caller directly to an ECSO dispatcher when the caller
is ECSO’s jurisdiction; the ANI 6 and ALI 7 information travels with the
transfer. Using MSAG 8 technology, landline calls within the following
municipalities are routed to the ECSO PSAP 9:
a. Alden
b. Boston
c. Clarence
d. Colden
e. Collins
f. Concord
g. Eden – based on time of day
h. Elma
i. Holland
j. Marilla
k. Newstead
l. North Collins

6 ANI: Automatic Number Identification is the phone number passed to the PSAP
7 ALI: Automatic Location Identification is the location detail (address along with any detail like
building name or suite number or floor or room, etc.) associated with the ANI from the database
where the PSAP is connected.
8 MSAG: Master Street Address Guide is a database which houses all streets and addresses within

their associated postal range for emergency service purposes. The MSAG Address Directory for any
address-range belongs to a state or municipal authority.
9 PSAP: Public Safety Answering Point
APP-94

m. Sardinia
n. Springville
o. Wales

A call received requesting EMS or reporting a fire are forwarded by ECSO


dispatchers to the proper agency. Calls originating on Grand Island are
answered by the Grand Island Fire Department and transferred to ECSO
based on the nature of the call.

If all dispatch workstations are busy, overflow calls roll to Erie County
Central Police Services, which shares a CAD platform with ECSO.”

8 How would 911 call center be impacted by redirecting calls to social service
providers?
Written response: “Minimal.”

9 Are there any 911 Call Center staff from social service agencies? Are there
any 911 Call Center staff specially trained in handling mental health
emergencies or other Crisis Interventions? If yes, how many and please
describe the type and amount of training (e.g., in hours) they receive(d).
ECSO answered in the negative to both questions.

10 General budgets for primary functions of the ECSO (criminal police services).
ECSO submitted a hyperlink to the Erie County Budget:
https://www2.erie.gov/budget/index.php?q=county-budget

11 Are there unmet or needed staffing to successfully complete the


identified functions/role of the ECSO?
ECSO answered in the affirmative.

12 Have there been any recent reductions to the staffing of the ECSO?
Written response: “Yes: Due to the pandemic.”

13 What are the primary instances whereby the ECSO is responsible for
Crowd Control? How many problems or complaints have resulted from
crowd control activities of the ECSO—last 5 years?
Written response: “The sheriff is responsible for suppressing riots in
towns and villages. If a sheriff neglects or refuses to “take all lawful
means” to protect property, the property owner may bring suit against
the sheriff instead of the county. 10 The sheriff’s office has responded
once to rioting, in the past five years: assisted Buffalo Police

10 NYS Gen. Mun. Law §71


APP-95

Department, during the riots of 2020. No complaints were filed against


detailed deputy sheriffs.”
APP-96

Committee II : Employing Smart & Effective


Policing Standards and Strategies
14 What are the primary Mental Health collaborations with other agencies (and
grass-root organizations) that are in place—for both citizens and officers?
Written response: “Crisis Services Police Mental Health Coordination
Project,”

15 What training exists for Deputies to respond to Mental Health calls, and
other trauma calls (e.g., any Trauma Informed Care training)?
Written response: “In planning. Training opportunities have been restricted
due to pandemic constraints.”

16 What psychological assessment and counseling are available to Deputies,


especially after traumatic events (any required after these events?)?
Written response: “Employee Assistance Program”

17 What Community Policing actions are already in place in specific


communities such as foot patrols, community events (Night Out against
crime), etc.
Written response: “Please see Administration General Order A-61.
Assistance is provided upon request and is dependent upon available
staffing.”

18 Information about any incentives or motivations for ECSO Deputies to


engage in community policing activities.
ECSO answered in the negative. (NOTE: Committee II retreated this
response, as a “None.”

19 Is participating in Community Policing activities specifically evaluated in


performance evaluations for Road Deputies?
ECSO answered in the negative.

20 Information about any Awards for ECSO Deputies who engaged in


community policing activities.
ECSO responded, “None.”

21 List any attempts by ECSO to address racial disparity in hiring practices.


ECSO responded, “None.”

22 Demographic data, including racial breakdowns on arrests


Written response: “Arrest database for demographic information mining, not
available.”
APP-97

23 Demographic data, including racial breakdowns on traffic stops


Written response: “New York State driver’s license does not provide racial
data. New York State, recently, provided a location to record racial
information in the TraCS system; however, agency participation is voluntary.
Due to New York State not providing driver’s racial data, ticketing officer
must ask or guess subject’s race. Currently, the sheriff’s office has no policy
requiring deputies to enter racial data.”

24 Racial data on complaints against ECSO deputies.


Written response: “Data not collected.”

25 Information on racial sensitivity training, NYS mandated training and ECSO


initiated training. Initial training and in-service training.
Written response: “Provided in basic police academy. In-service diversity
training planned for 2021.”

26 Information on ECSO participation in any formal collaborations to build trust


with minorities.
ECSO responded, “None.”

27 Does the ECSO advocate the use of “Broken Windows” approach, as well as
“Stop and Frisk” techniques?
Written response: “No. Searching individuals conducted within the bounds of
De Bour.”

I. NOTE: “De Bour” refers to the decision of the New York of


Appeals in People v. De Bour, 40 N.Y.2d 210 (1976)

28 How does the ECSO identify and respond to discriminatory or bias-based


stops, searches and arrests? How many complaints have been received
regarding these issues (past 5-years)?
ECSO responded, “None.” ECSO did not respond to first question in Demand
No. 28.

29 Does the ECSO allow for (or specifically prohibit) the use of Chokeholds?
Written response: “Not trained in procedure and is violation of state statute.”

30 What is the policy and training regarding a Deputy shooting at a moving


vehicle?
ECSO responded, “Prohibited.”
31 A summary of SWAT activities/responses over the past 5-years?
Data given to CTF Chair
APP-98

32 The # of all No-Knock Warrants, associated arrests, use of force documented,


injuries that resulted, and complaints received regarding officer conduct (past
5 years)?
Data given to CTF Chair

33 A summary of all documented Use of Force used by ECSO personnel for the
past 5-years?
Data given to CTF Chair

34 What technologies are used by the ECSO that collects information involved
with a citizen’s personal information (e.g., cell phone information)? What
measures are taken by the ECSO to ensure that the privacy interests of the
public are being protected?
Written response: “A search warrant is required to obtain data from a cell
phone. Sheriff’s office must take cell phone to FBI computer crime lab with a
copy of signed search warrant

35 List of Public Engagement Agreements with organizations such as schools


(e.g., school resource officers).
Written response: “Alden, Holland, and Springville school districts.”

36 Information about specific collaborations or actions by ECSO to build trust


and partnerships with specific communities (e.g., Shop with a Cop)
ECSO responded, “None.”

37 Information about specific collaborations with local town and village


municipalities (e.g., Springville model).
Written response: “Only one contractual agreement: Village of Springville.”
APP-99

Committee III: Fostering Community-Oriented


Leadership, Culture & Accountability
38 PSD Unit headed by Chief, but it appears only a Sergeant or deputy used for
internal investigations? Are there higher-ranking personnel assigned to this
unit? Is there a policy in place that a higher-ranking member will be
investigating the “target?”
ECSO responded, “No to all questions.”

39 Leadership. Hiring / Appointing Division Chiefs--what is the process for


hiring these command officers? Appears to be appointed by Sheriff. Come
from civil service, sworn members, external candidates? Any input from the
public on the staffing for these positions?
Written response: “First (sergeant), second (lieutenant), and third line
(captain) supervisors: competitive civil service list. Division heads: sole
discretion of sheriff.”

40 Performance Evaluations—Rating occurs only 1x annually. Seven Categories


utilized. What are they? Is ethics, community policing, use of force part of
this evaluation/rating? Is this PE linked to promotions? Request a copy of
the appraisal form instrument for committee’s review?
Data given to CTF Chair

41 What action needs to occur/threshold before a Deputy must complete a Use of


Force form?
Written response: “Professional standards perform investigations, under
Garrity. Detective Bureau performs criminal investigation.”

Note: “Garrity” is a reference to rights (commonly called “Garrity Rights’)


given to public employees from being compelled to incriminate themselves
during an investigatory interview conducted by the employee, based on a
1967 opinion issued by the United States Supreme Court in Garrity v. New
Jersey, 385 U.S. 493 (1967).

42 # of complaints for officer misconduct, the number of PSD investigations that


were opened, and the average # of days it has taken to close this type of
investigation—5 years.
Written response: “Please see Administration General Order A-42. Use of
Force form provided to chair.”

43 Does PSD investigate these critical incidents (e.g., Deputy involved shooting)
administratively concurrently with a criminal investigation? Is there a
APP-100

bifurcated path for these types of investigations with Garrity information


being taken into consideration? If yes, who conducts these investigations?
Written response: “Professional standards perform investigations, under
Garrity. Detective Bureau performs criminal investigation.”

44 AM- 99 states “PSD Chief sets time frames for internal investigations.” What
is this time frame?
Written response: “Discretion of the chief. Investigation timeframe is
determined by availability of evidence.”

45 Dispositions for internal investigations:


o Sustained
o Exonerated
o Unfounded
o Inconclusive

Request statistical breakdown for the past 5 years highlighting the total
number of internal investigations followed up with the %’s of the categories
noted above. Also, information citing any other breakdowns such as the
allegation. e.g., Rudeness, off duty conduct, excessive force, unprofessional
demeanor etc. Additionally, any statistical breakdown regarding disposition
/ discipline on “sustained” investigations. e.g., termination, censure,
suspension, re-training etc. Demographics (race) of the deputy and suspect?
Data given to CTF Chair

46 Is this PSD information transparent and shared with the public possibly
through a website or an annual report?
ECSO answered in the negative.

47 Are any of these dispositions linked to a (EWS) Early Warning System?


ECSO answered in the negative.

48 Drug Testing of Deputies—Only occurs with “reasonable suspicion.” Never


random? May be linked to a CBA.
Written response: “May be performed randomly, per CBA.”

49 Are there any mechanisms in place to track verbal counseling by supervisors


through an EWS? Current directive states “supervisor should keep written
notes in their own file.” May have multiple supervisors, work different shifts
etc. How does the ECSO maintain consistency in identify patterns with an
informal process.
Written response: “No official process.”
APP-101

50 States deputy should not use OC on a “minor.” How is minor defined 16 or 18


years of age?
Written response: “as described in law.”

51 How, and at what level of supervision, are reported Uses of Force reviewed?
Written response: “Chief/undersheriff/sheriff.”

52 Is there any linkage of U of F reports and associated stats to a EWS that is


accessible to supervision and PSD?
ECSO answered in the negative.

53 Are directions on how to make a complaint against an ECSO deputy made


public—in both Spanish and English? If yes, how?
ECSO answered in the negative.

54 Does the use of tire spikes require supervisory approval?


Written response: “Sheriff’s office does not utilize tire spikes.”

55 Reports are submitted post vehicle pursuit. Request a 5-year breakdown of


stats generated from these reports. What information can be gleaned from
these reports? Demographics (race) of the deputy and suspect?
Circumstances leading up to the encounter? How many resulted in an
accident?
Written response: “Please see Administration General Order A-43. Do not
keep demographic data. Copy of reports are kept for accreditation purposes.”

56 Are vehicle pursuit statistics transparent and reported to the public via
website or annual report?
ECSO answered in the negative.

57 Since accidents are linked to PSD review for potential disciplinary actions, is
there any linkage of these reports and associated stats to a EWS accessible to
supervision and PSD?
ECSO answered in the negative.

58 Preparation of the annual report for agency and links information to public
website. What information is provided? What level of transparency is evident
for the public? Use of force stats? Number of internal investigations? Does
the department utilize annual surveys to gage public trust? Can we have the
past 5 Annual Reports
Written response: “Annual reports are not required.”
APP-102

59 Are informants registered with the agency? Is there a 2-member policy when
meeting with informants?
ECSO answered in the affirmative to both questions.

60 If BWC is not activated by Deputy, they must complete a memo through


channels. Where is the report maintained? Retention period? Is it tracked by
a EWS or reviewed by PSD?
Written response: “BWC sergeant. No retention period.”
APP-103

Committee IV: Recruiting and Supporting


Excellent Personnel
61 What minority recruitment efforts are made by the ECSO? Is the Civil
Service component restrictive? What challenges does the ECSO face to
attract minorities?
Written response: “None. Erie County Department of Personnel advertises
vacancies in minority community papers.”

62 What are the demographics of the Sherriff’s Department? Is this reflective of


the communities served.
Data given to CTF Chair

63 Would we have the opportunity to speak to an underrepresented minority


Sherriff?
ECSO answered in the affirmative.

64 How long is the probation period for new ECSO personnel? Can we get a
breakdown by bargaining units and civil service requirements? How many
employees get through the probation periods and how is a successful
probation period measured? What is the diversity breakdown of officers that
get through their probational period? After probation, how long do officers
typically stay and what are some reasons for leaving?
Written response: “Probation: 1 year. Minimum civil service deputy sheriff
requirements: 21 yrs. of age minimum, 35 yrs. of age maximum; 60 college
credits; cannot be convicted of a felony or armed forces dishonorable
discharge; successful completion of NYS civil service police officer exam with
minimum score of 70. Data not available.”

65 What are the required trainings, the amount and breakdown of training
subjects? How do you track this information for Deputies? Can you explain
the training programs used (Skill Soft)?
Written response: “Basic police academy and minimum of 23 hrs. of
continuing education per year; training record file.”

66 Is there a separate leadership training? Do you have training in community


policing?
ECSO answered in the affirmation for the first question (“Yes, NYS
supervisor school) but in the negative for the last question.
APP-104

67 What type of legal training do officers have? Court system, knowledge of


laws?
Written response: “Constitutional; penal; criminal procedure; vehicle &
traffic.”

68 How many officers have received Trauma & Trauma Informed Care mental
health training? How extensive was the training and what funding is
required for such training?
ECSO responded, “Data not available.”

69 How does the ECSO assess an individual Deputy’s understanding of any


training, and how does the ECSO evaluate the effectiveness of trainings?
Written response: “No policy or testing instrument.”

70 Do you have any wellness programs for Sheriffs (mental health resources)?
Written response: “EAP; police help line; Department of Emergency Services
CISD team.”

71 What are the protocols used by the ECO to address/respond to officer-


involved traumatic events?
Written response: “Please see Administration General Order A-68: Line of
Duty Death.”

72 Does the ECSO have any procedures designed to identify and support any
officer experiencing serious difficulties?
No specific response recorded, but in response to Demand No: 70, a written
response was given: “EAP; police help line; Department of Emergency
Services CISD team.”

73 Does the ECSO provide any incentives that promote officer health and
wellness (e.g., gym access, yoga, counseling, dietary education)?
Written response: “Labor-Management Health Care will send an interested
employee to the Biggest Loser Resort Niagara, for a two-day seminar.”
APP-105

Charts and Data relating Police Calls


APP-106

ERIE COUNTY SHERIFF’S OFFICE, CALLS FOR


POLICE SERVICES (2019)

Quick facts:
• 94,842 total calls for police services in 2019

• ECSO serves 48 jurisdictions across Erie County

• By far the most common reasons that citizens call the


police is for general (noncriminal) calls for service,
medical calls, and calls involving persons.

• 95.2% were classified as “Calls for Service”

• 3.5% Type II crimes

• 1.3% Type I crimes.


APP-107

Cumulative
Frequency Percent Valid Percent Percent

Valid AKR 552 .6 .6 .6

AMH 577 .6 .6 1.2

ANG 44 .0 .0 1.2

BLA 37 .0 .0 1.3

BOS 2271 2.4 2.4 3.7

BRN 45 .0 .0 3.7

BRT 661 .7 .7 4.4

BUF 16248 17.1 17.1 21.5

CHE 1508 1.6 1.6 23.1

CLA 11440 12.1 12.1 35.2

CLD 1167 1.2 1.2 36.4

COL 1965 2.1 2.1 38.5

CON 3038 3.2 3.2 41.7

CTO 192 .2 .2 41.9

DEP 124 .1 .1 42.0

EDN 638 .7 .7 42.7

ELM 7445 7.8 7.8 50.6

EVN 1097 1.2 1.2 51.7

FAR 172 .2 .2 51.9

GIS 10984 11.6 11.6 63.5

GOW 566 .6 .6 64.1

HOL 1642 1.7 1.7 65.8

KEN 41 .0 .0 65.9

LAK 184 .2 .2 66.0

MAR 2001 2.1 2.1 68.2

NEW 1610 1.7 1.7 69.9


APP-108

OUT 235 .2 .2 70.1

SAR 1946 2.1 2.1 72.2

SLO 23 .0 .0 72.2

SNI 1708 1.8 1.8 74.0

SPR 8107 8.5 8.5 82.5

TAL 3797 4.0 4.0 86.5

TAU 490 .5 .5 87.0

THM 525 .6 .6 87.6

TLN 361 .4 .4 88.0

TNC 1961 2.1 2.1 90.0

TOP 1808 1.9 1.9 92.0

TPB 3 .0 .0 92.0

TTO 1771 1.9 1.9 93.8

VAL 1402 1.5 1.5 95.3

VAU 347 .4 .4 95.7

VHM 198 .2 .2 95.9

VLN 465 .5 .5 96.4

VNC 1524 1.6 1.6 98.0

VOP 30 .0 .0 98.0

WAL 1471 1.6 1.6 99.6

WMV 24 .0 .0 99.6

WSE 397 .4 .4 100.0

Total 94842 100.0 100.0


APP-109

Frequency Percent

Valid ACCIDENT 2852 3.0

POLICE SERVICES 45993 48.5

ANIMAL RELATED 3624 3.8

ASSAULT 95 .1

BURGLARY/LARC 1100 1.2

CHILD CALL 450 .5

CRIM MISCHIEF/RECKL 1130 1.2

DWI/DRUGS 1096 1.2

DOMESTIC 207 .2

EMS 5261 5.5

FIRE 2009 2.1

HARASS/MENACE 233 .2

HSC 25 .0

PERSON/SUICIDE/MISC 4844 5.1

ORDER OF PROTECT 40 .0

SEX OFFENSE 626 .7

REFERRAL 1126 1.2

ROBBERY 35 .0

AIRCRAFT 261 .3
9851 10.4
WARRANT/SUMMANS/SUP
EANA

ASSIST 10261 10.8

COMM. POLICING 3663 3.9

WEAPON 60 .1

Total 94842 100.0


APP-110

Call Type

Cumulative
Frequency Percent Valid Percent Percent

Valid Calls for Police Services 90260 95.2 95.2 95.2

Type II Crime 3352 3.5 3.5 98.7

Type I Crime 1230 1.3 1.3 100.0

Total 94842 100.0 100.0


APP-111
APP-112

ERIE COUNTY SHERIFF’S OFFICE, CALLS FOR


POLICE SERVICES (2018)

Quick facts:
• 92,740 total calls for police services in 2018

• ECSO serves 48 jurisdictions across Erie County

• By far the most common reasons that citizens call the


police is for general (noncriminal) calls for service,
medical calls, and calls involving persons.

• 94.6% were classified as “Calls for Service”

• 4.0% Type II crimes

• 1.5% Type I crimes.


APP-113

Frequency Percent Valid Percent Cumulative Percent


Valid AKR 640 .7 .7 .7
AMH 647 .7 .7 1.4
ANG 29 .0 .0 1.4
BLA 42 .0 .0 1.5
BOS 2391 2.6 2.6 4.0
BRN 55 .1 .1 4.1
BRT 798 .9 .9 5.0
BUF 13805 14.9 14.9 19.8
CHE 848 .9 .9 20.8
CLA 11545 12.4 12.4 33.2
CLD 1132 1.2 1.2 34.4
COL 1742 1.9 1.9 36.3
CON 3629 3.9 3.9 40.2
CTO 162 .2 .2 40.4
DEP 106 .1 .1 40.5
EDN 620 .7 .7 41.2
ELM 7459 8.0 8.0 49.2
EVN 961 1.0 1.0 50.3
FAR 165 .2 .2 50.4
GIS 11343 12.2 12.2 62.7
GOW 732 .8 .8 63.5
HOL 1818 2.0 2.0 65.4
KEN 42 .0 .0 65.5
LAK 146 .2 .2 65.6
MAR 1841 2.0 2.0 67.6
NEW 1738 1.9 1.9 69.5
OUT 265 .3 .3 69.8
SAR 2055 2.2 2.2 72.0
SLO 26 .0 .0 72.0
SNI 1779 1.9 1.9 73.9
SPR 7487 8.1 8.1 82.0
TAL 4143 4.5 4.5 86.5
TAU 640 .7 .7 87.2
THM 497 .5 .5 87.7
TLN 405 .4 .4 88.1
TNC 1643 1.8 1.8 89.9
APP-114

TOP 1873 2.0 2.0 91.9


TTO 1612 1.7 1.7 93.7
VAL 1559 1.7 1.7 95.3
VAU 346 .4 .4 95.7
VHM 305 .3 .3 96.0
VLN 535 .6 .6 96.6
VNC 1259 1.4 1.4 98.0
VOP 24 .0 .0 98.0
WAL 1436 1.5 1.5 99.6
WMV 12 .0 .0 99.6
WSE 403 .4 .4 100.0
Total 92740 100.0 100.0
APP-115

Frequency Percent Valid Percent Cumulative Percent


Valid Accident 2853 3.1 3.1 3.1

Police Services/Misc 48182 52.0 52.0 55.0

Animals 3567 3.8 3.8 58.9

Assault 90 .1 .1 59.0

Burglary/Larceny/Trespass 1197 1.3 1.3 60.3

Child call 475 .5 .5 60.8

Criminal Mischief/Summons/Reckless 1330 1.4 1.4 62.2

DMV/Drugs 1198 1.3 1.3 63.5

Domestic 255 .3 .3 63.8

EMS/Medical Ass 5232 5.6 5.6 69.4

Fire 1741 1.9 1.9 71.3

Harassment 250 .3 .3 71.6

HSC 33 .0 .0 71.6

Person misc calls 4925 5.3 5.3 76.9

Order of Protect 35 .0 .0 76.9

Sex Offense 596 .6 .6 77.6

Referral 1211 1.3 1.3 78.9

Robbery 58 .1 .1 79.0

V&T 2 .0 .0 79.0

Aircraft 76 .1 .1 79.0

Warrant/Summ/Supeana 7261 7.8 7.8 86.9

Assist 8819 9.5 9.5 96.4

Comm. Policing 3312 3.6 3.6 100.0

Weapon 42 .0 .0 100.0

Total 92740 100.0 100.0


APP-116

Frequency Percent Valid Percent Cumulative Percent


Valid Calls for Police Services 87724 94.6 94.6 94.6

Type II Crime 3671 4.0 4.0 98.5

Type I Crime 1345 1.5 1.5 100.0

Total 92740 100.0 100.0


APP-117
APP-118

ERIE COUNTY SHERIFF’S OFFICE, CALLS FOR


POLICE SERVICES (2017)

Quick facts:
• 94,576 total calls for police services in 2017

• ECSO serves 48 jurisdictions across Erie County

• By far the most common reasons that citizens call the


police is for general (noncriminal) calls for service,
medical calls, and calls involving persons.

• 93.9% were classified as “Calls for Service”

• 4.5% Type II crimes

• 1.6% Type I crimes.


APP-119

Frequency Percent
Valid AKR 572 .6

AMH 774 .8

ANG 28 .0

BLA 37 .0

BOS 2450 2.6

BRN 36 .0

BRT 930 1.0

BUF 14275 15.1

CHE 992 1.0

CLA 12363 13.1

CLD 1107 1.2

COL 1795 1.9

CON 3412 3.6

CTO 136 .1

DEP 92 .1

EDN 648 .7

ELM 7389 7.8

EVN 1236 1.3

FAR 276 .3

GIS 11470 12.1

GOW 610 .6

HOL 1978 2.1

KEN 47 .0

LAK 127 .1
APP-120

MAR 1872 2.0

NEW 1872 2.0

OUT 237 .3

SAR 2137 2.3

SLO 23 .0

SNI 2342 2.5

SPR 7150 7.6

TAL 3824 4.0

TAU 607 .6

THM 479 .5

TLN 505 .5

TNC 1696 1.8

TOP 2007 2.1

TPB 1 .0

TTO 1630 1.7

VAL 1331 1.4

VAU 314 .3

VHM 197 .2

VLN 336 .4

VNC 1237 1.3

VOP 31 .0

WAL 1561 1.7

WMV 18 .0

WSE 389 .4

Total 94576 100.0


APP-121

Frequency Percent
Valid Accident 3037 3.2

Police Services/Misc 49613 52.5

Animals 3936 4.2

Assault 92 .1

Burglary/Larceny/Trespass 1356 1.4

Child call 696 .7

Criminal Mischief/Summons/Reckless 1355 1.4

DMV/Drugs 1444 1.5

Domestic 328 .3

EMS/Medical Ass 5437 5.7

Fire 1812 1.9

Harassment 266 .3

HSC 24 .0

Person misc calls 5298 5.6

Order of Protect 47 .0

Sex Offense 764 .8

Referral 1475 1.6

Robbery 41 .0

V&T 4 .0

Aircraft 183 .2

Warrant/Summ/Supeana 7012 7.4

Assist 7911 8.4

Comm. Policing 2321 2.5

Weapon 124 .1

Total 94576 100.0


APP-122

Frequency Percent
Valid Calls for Police Services 88806 93.9

Type II Crime 4281 4.5

Type I Crime 1489 1.6

Total 94576 100.0


APP-123
APP-124

ERIE COUNTY SHERIFF’S OFFICE, CALLS FOR


POLICE SERVICES (2016)

Quick facts:
• 86,999 total calls for police services in 2016

• ECSO serves roughly 50 jurisdictions across Erie County

• By far the most common reasons that citizens call the


police is for general (noncriminal) calls for service,
medical calls, and calls involving persons.

• 93.4% were classified as “Calls for Service”

• 4.7% Type II crimes

• 1.9% Type I crimes.


APP-125

Frequency Percent
Valid AKR 692 .8

AMH 630 .7

ANG 31 .0

BLA 26 .0

BOS 2197 2.5

BRN 40 .0

BRT 988 1.1

BUF 12184 14.0

CHE 1049 1.2

CLA 12493 14.4

CLD 1046 1.2

COL 1683 1.9

CON 3237 3.7

CTO 179 .2

DEP 89 .1

EDN 663 .8

ELM 6446 7.4

EVN 1188 1.4

FAR 244 .3

GIS 10089 11.6

GOW 552 .6

HOL 1846 2.1

KEN 45 .1

LAK 128 .1

MAR 1622 1.9

MARILLA 86 .1
APP-126

NEW 1985 2.3

OUT 148 .2

SAR 1881 2.2

SLO 19 .0

SNI 2015 2.3

SPR 6394 7.3

TAL 4008 4.6

TAU 377 .4

THM 337 .4

TLN 385 .4

TNC 1716 2.0

TOP 1787 2.1

TPB 1 .0

TTO 1537 1.8

VAL 1312 1.5

VAU 281 .3

VHM 177 .2

VLN 286 .3

VNC 1158 1.3

VOP 33 .0

WAL 1348 1.5

WMV 19 .0

WSE 322 .4

Total 86999 100.0


APP-127

Frequency Percent Valid Percent Cumulative Percent


Valid Accident 2878 3.3 3.3 3.3

Police Services/Misc 44150 50.7 50.7 54.1

Animals 3989 4.6 4.6 58.6

Assault 105 .1 .1 58.8

Burglary/Larceny/Trespass 1499 1.7 1.7 60.5

Child call 797 .9 .9 61.4

Criminal Mischief/Summons/Reckless 1319 1.5 1.5 62.9

DMV/Drugs 1216 1.4 1.4 64.3

Domestic 455 .5 .5 64.8

EMS/Medical Ass 5388 6.2 6.2 71.0

Fire 1653 1.9 1.9 72.9

Harassment 352 .4 .4 73.3

HSC 20 .0 .0 73.4

Person misc calls 5083 5.8 5.8 79.2

Order of Protect 63 .1 .1 79.3

Sex Offense 629 .7 .7 80.0

Referral 1337 1.5 1.5 81.5

Robbery 85 .1 .1 81.6

V&T 5 .0 .0 81.6

Aircraft 211 .2 .2 81.9

Warrant/Summ/Supeana 5976 6.9 6.9 88.7

Assist 7936 9.1 9.1 97.9

Comm. Policing 1746 2.0 2.0 99.9

Weapon 107 .1 .1 100.0

Total 86999 100.0 100.0


APP-128

Description R2

Frequency Percent Valid Percent Cumulative Percent


Valid Calls for Police Services 81232 93.4 93.4 93.4

Type II Crime 4078 4.7 4.7 98.1

Type I Crime 1689 1.9 1.9 100.0

Total 86999 100.0 100.0


APP-129
APP-130

2015-2019
Annual Breakdown
Table 1. Total # of Calls for Police Service by Year
Total by Year
100000
90000
80000
70000
60000
Total

50000
40000
30000
20000
10000
0
2015 2016 2017 2018 2019
Year

Cumulative Breakdown for All Years


Table 2. Total # of Calls for Police Services by Hour
Total (all years) by Hour
30000

25000

20000
Total

15000

10000

5000

0
12PM
1PM
2PM
3PM
4PM
5PM
6PM
7PM
8PM
9PM
10PM
11PM
12AM
1AM
2AM
3AM
4AM
5AM
6AM
7AM
8AM
9AM
10AM
11AM

Hour of the Day

Table 3. Total # of Type I & Type I Calls by Day of the


Week
APP-131

Type I & II (all years) by Day


3500

3000

2500

2000

1500

1000

500

0
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Type I Crime Type II Crime

Table 4. Total # of Calls for Police Services by Month


Type I & II (all years) by Month
2000
1800
1600
1400
1200
1000
800
600
400
200
0

Type I Crime Type II Crime


APP-132

Total Numbers of Call by Jurisdiction

Calls for Police


City Type I Crime Type II Crime Services Total
Count Count Count
BUF 439 4961 62247 67647
CLA 1365 1860 53574 56799
GIS 1539 2549 48792 52880
ELM 664 1016 33422 35102
SPR 813 1215 32503 34531
TAL 262 1276 17998 19536
CON 196 517 15694 16407
BOS 94 457 10750 11301
SAR 127 380 9316 9823
SNI 300 741 8481 9522
TOP 306 628 8311 9245
MAR 154 306 8644 9104
COL 97 388 8403 8888
TNC 98 286 8426 8810
HOL 126 418 8229 8773
NEW 147 429 8149 8725
TTO 15 89 7741 7845
WAL 114 282 6716 7112
VAL 124 266 6495 6885
VNC 112 306 5867 6285
CHE 13 102 5350 5465
EVN 15 64 5377 5456
CLD 100 214 5139 5453
BRT 17 127 3981 4125
EDN 20 62 3058 3140
AMH 27 63 3047 3137
AKR 57 154 2909 3120
GOW 53 230 2608 2891
TAU 10 51 2367 2428
THM 12 48 2133 2193
TLN 14 61 1891 1966
VLN 6 19 1894 1919
WSE 8 75 1710 1793
VAU 4 14 1509 1527
OUT 7 148 886 1041
APP-133

VHM 1 7 1013
1021
FAR 5 50 921
976
CTO 2 10 799
811
LAK 14 693
707
DEP 2 23 468
493
KEN 4 206
210
BRN 3 205
208
BLA 4 180
184
ANG 6 159
165
VOP 5 142
147
SLO 2 108
110
MARILLA 8 87
95
WMV 1 2 88
91
TPB 6
6
APP-134

Deputy Survey Results


APP-135

DEPUTY SURVEY RESULTS


APP-136
APP-137
APP-138
APP-139
APP-140
APP-141

Standardize Performance Appraisal


Guideline for Patrol Services
APP-142

STANDARDIZED
PERFORMANCE APPRAISAL
SYSTEM

PATROL SERVICES

ERIE COUNTY
SHERIFF'S DEPARTMENT
APP-143

Standardized Evaluation
Guidelines

The subsequent "l" (one), "4" (four) and "7" (seven) scale value
descriptive definitions are required to be used when evaluating and
rating the specific behavior in each of the performance categories.
It is only through the diligent use of these guidelines that program
standardization and rating consistency is attained.

I. Knowledge

(1) Knowledge of Department Policies and Procedures:

Evaluates member's knowledge of departmental procedures


and ability to apply this knowledge under working
conditions of his/her current assignment.

Scoring

1. Fails to display knowledge of department policies/


regulations and/or violates same. Is unaware of
behavior that constitute~ a violation of such
policies. Is unable to locate specific orders,
rules and regulations when necessary.

4. Has a satisfactory understanding of the policies


and procedures and a good working knowledge of
same. Is sufficiently familiar with criteria
constituting a violation of such policies. When
not sure of the specific details of an order/rule,
he/she is able to locate same for clarification.

7. Has a superior knowledge of rules, regulations,


policies.and procedures. He/she has same committed
to memory and never needs to refer to same for
clarification.

(2) Knowledge of Ma j or Issues:

Evaluates the member's knowledge of the Criminal


Procedure Law, Penal Law and Vehicle and Traffic Law
while in field situations.

Scoring

1. Does not know the elements of basic sections of


law and/or relies on others to provide assistance.
Is unable to use the law books and locate the
appropriate sections.

4. Has a satisfactory knowledge of the elements of


commonly encountered offenses and the related
sections of laws, If unaware of the elements or
specific section, is able to use law book as a
reference guide and locate same.
APP-144

7. Has a superior knowledge of such statutes. Knows


the elements and sections of law without using the
law books as, reference guide. Has same committed
to memory.

(3) Application of Issues

Evaluates member's recognition of offenses and


ability to apply that knowledge to field situations.

Scoring

1. Does not recognize obvious violations of law when


encountered or makes mistakes relative to the
application of appropriate sections of law. Employs
no discretion in such application. Applies strictly
to the "letter of the law" and often needs assistance
in applying law.

4! Recognizes commonly encountered violations of law


and applies appropriate sections. Uses proper
police descretion in application of laws to tailor
the appropriate sections to the circumstances.

7. Recognizes all violations of law including seldom


encountered statutes (Agriculture and Marketing,
A.B.C., Business, Tax Laws, etc.) Uses superior
police discretion in application of laws. Never
makes mistakes in selecting sections or applying
same.

(4) Kno~ledge of Assigned Area:

Evaluates member's knowledge of his/her assigned patrol


district and functioning therein.

Scoring

1. Is not familiar with general areas of business,


industry and amusement contained within the patrol
district. Is not aware of areas of congestion,
hazards and dangerous conditions. Often requires
assistance in responding to calls for service (Ex.
asks for directions/locations, etc.) Unaware of
"trouble spots" in bhe district.

4. Has a satisfactory knowledge of general areas of


business, industry, amusement and services provided
by the towns (clerk, courts, highway, etc.) within
the patrol district. Is aware of areas of congestion,
hazards and dangerous conditions. Is aware of common
"trouble spots" in the district. Has a satisfactory
knowledge and understanding of the specific needs
and expected response by residents/merchants in the
area.
APP-145

7. Has a superior knowledge of the patrol district


including: business, industry, amusement areas,
specific areas of congestion, hazard, dangerous
conditions. Is aware of every area requiring special
attention, Knows all of the specific services
available in the area (towing, highway, water,
utility, etc.). Understands the needs and expecta-
tions of the residents/merchants and always
addresses same properly. Anticipates all "trouble
spots" in the area. Is used as a reference source
by others regarding the district.

II. Productivity

(5) Problem Solving:

Evaluates the member's performance in terms of ability


to perceive problems, form valid conclusions, arrive at
sound judgements and make proper decisions.

Scoring

1. Acts without thought or good reason. Is indecisive,


naive, and/or unable to reason through a problem
and arrive at a logical conclusion. Does not recall
previous solution and apply same in similar situation.
Fixates on one course of action and overlooks options.

4. Able to reason through a problem and arrive at an


acceptable conclusion in most situations without
requiring assistance from others. Makes reasonable
decisions based upon information available. Perceives
situations as they actually are. Is open-minded and
objective. Relates past solutions to present situa-
tions.

7. Able to reason through every encountered situation and


is able to arrive at appropriate conclusions. Never
requires assistance in making proper decisions.
Possesses superior perceptive capabilities, anticipates
every problem and prepares resolutions well in advance.

(6) Self-Initiated Activity:

Evaluates the member's interest and ability to initiate


police related activity. To view same and to act on even
low priority situations,
APP-146

Scoring

1. Does not see or avoids activity. Does not follow-


up on situations. Rationalizes circumstances in an
effort to avoid action. Does not have a broad
orientation to the job and related responsibilities.
(Examples: maintains minimal contact with residents
and merchants, does not view public relations as a
part of the job, etc.) Poor arrest record, both
criminal and traffic.

4. Recognizes and identifies police related activity.


Has a broad orientation to the job, including low
priority activity. (Examples: special attentions,
house checks, citizen contacts, victim/witness
assistance, neighborhood watch, public service
programs, etc.) Develops case/information from
observated activity. Displays inquisitiveness and
documents suspicious activity (F.I.F.'s). Maintains
an active arrest record (both criminally and traffic).

7. Never misses observable activity. Develops information


from briefings and prior contacts with individuals.
Is a leader of the department in arrests for both
criminal and traffic offenses. Recognizes and develops
information and documents all suspicious circumstances.
Volunteers for work/assignments, both pleasant and
distasteful. Uses off-duty time for work and to
practice procedures.

(7) Investigative Skills:

Evaluates the member's ability to conduct a proper


investigation with an emphasis on investigatory procedures.

Scoring

1. Does not conduct a basic investigation or conducts


investigations improperly. Unable to accurately
diagnose factual data collected. Fails to discern
readily available evidence. Frequently makes mistakes
when identifying and collecting evidence or
contaminates evidence. Does not readily identify
and collate related information/evidence. Is easily
mislead during investigations,

4. Follows proper investigatory procedure in all cases.


Is usually accurate in the diagnosis of factual data
collected. Is able to discern readily available
evidence. Is usually accurate when identifying,
collecting and protecting evidence. Identifies and
collects related information/evidence with minimal
assistance.
APP-147

7. Is always accurate in the diagnosis of factual data


collected. Is able to rapidly and properly discern
available evidence. Is always accurate when
identifying, collecting and protecting evidence.
Rapidly identifies and collates related information/
evidence without any assistance. Investigations are
always completed to a . proper disposition.

(8) Safety Procedures:

Evaluates the member's abilty to perform police related


tasks without injuring self or others or exposing self
or others to unnecessary danger/risks.

Scoring

1. Fails to follow accepted safety procedures. Refuses


or fails to assist other deputies when requested/
necessary. Fails to maintain adequate physical
condition. Does not anticipate potentially dangerous
situations. Fails to use illumination when appropriate.
Fails to utilize or maintain personal safety equipment.
Is careless with weapons. Drives in violation of
any traffic laws. Involved in avoidable motor vehicle
accident(s). Is reckless in the performance of duties.
Fails to search vehicle after transports. Fails to
handcuff arrested persons behind their back and fails
to search properly. Does not use seatbelt as directed.

4. Follows accepted safety procedures. Understands and


applies same. Maintains control of the vehicle.
Evaluates driving situations and drives defensively.
Is not involved in any avoidable motor vehicle
accidents. Assists other officers when capable of
doing so.

7. Always works very safely. Foresees dangerous situations


and prepares for same. Sets an example for others to
follow as a superior defensive driver. ls alert to
changing situations and prevents opportunities for
danger from developing.

III. Communication

(9) Oral Expression:

Evaluates member's ability to communicate with others


in conversation - considering ability to gain and maintain
verbal control of situations and evaluates the member's
ability to articulate and be understood by others.
APP-148

Scoring

1. Speaks too softly or timidly. Speaks too loudly.


Confuses or angers listeners by what is said and/or
how it is said. Speaks when inappropriate. Does
not pre-plan what is to be said (example: radio
transmissions). Speaks too quickly or slowly.

4. Speaks in a clear calm voice. Proper selection of


words and knowledge of when and how to use them.
Speaks when appropriate. Usually plans and prepares
conversation prior to speaking. Speaks in clear,
concise, brief statements (example: radio transmissions).
Voice tone and inflection is usually proper to
control situation/conversation. Is able
to maintain a coherent train of thought.

7. Always speaks clearly, calmly, concisely, in even


the most stressful situations. Anticipates and
clarifies confusing information to prevent misunder-
standing. Alwyas employs the proper voice tone,
word selection, inflection and bearing to accompany
what is said. never speaks inappropriately.

(10) Written Expression:

Evaluates member's ability to express himself/herself


in written communications using proper English, spelling,
and penmanship. The preparation of reports relating to
organization and detail and proper form selection.

Scoring

1. Unable to organize information and reduce it to


writing. Leaves out pertinent information in reports.
Reports are illegible and contain an excessive number
of misspelled words. Sentence structure, grammar,
word usage is improper or incomplete. Reports are
often returned for clarification or to be rewritten.

4. Reports are' legible. Sentence st.ructure, grammar,


word usage is proper and complete. Spelling is
acceptable and errors are rare. Reports are completed
in an organized and logical manner. Reports contain
the required information and details. Errors, if
present, are minor and easily corrected. Reports are
rarely returned for clarification or to be rewritten.

7. Reports are always extremely neat and legible.


Penmanship is impeccable. Contains no spelling or
grammatical errors. Reports are always a complete
and detailed accounting of events from beginning to
end without exception. The message is always received
as intended. Reports are never returned for clarifi-
cation or to be rewritten.
APP-149

(11) Timeliness:

Evaluates the member's ability to complete reports


efficiently and submitting same when required in a
timely fashion.

Scoring

1. Reports and other communications are often delayed


in being submitte. Excessive time is expended in
preparing same. Reports are rarely submitted on
time. Fails to submit or is tardy in submitting
follow-up reports.

4. Reports and other communications are completed within


a reasonable amount of time. Reports are usually
submitted promptly. Follow-up reports are usually
submitted on time.

7. Reports and other communications are completed


immediately when requested. Reports are anticipated
and often ready prior to request. All reports are
submitted promptly without exception.

(12) Accurary/Completeness:

Evaluates the member's ability to properly utilize


departmental forms and formats necessary to job accomplish-
ment.

Scoring

1. Is unaware that a form must be completed and/or is


unable to complete the proper form/format for a
given situation. Forms are incomplete, inaccurate,
or improperly used. (Example: blocks not filled·
in, narrative incomplete, etc.)

4. Has a sufficient knowledge of the commonly used


forms/formats and understands the uses of same.
Completes the forms with accuracy and thoroughness.
Rarely has reports returned for completion or
rewriting. (Example: blocks/narrative complete on
all reports including: police reports, motor vehicle
(MV 104-A), U.T.T.'s, parking, etc.)

7. Always makes the proper determinations as to the


proper form/format selection and completes same .
without assistance. Never makes mistakes or omissions
in completing forms. (Example: All forms are completed
with perfection).
APP-150

IV. Attitude

(13) View of Assignment:

Evaluates how the member views his assignment in terms


of personal motivation, goals and acceptance of the
responsibilities of the position.

Scoring

1. Views his/her assignment as merely a job and responds


on a need basis. Refuses to assume responsibilities
for actions taken. Demonstrates little dedication
or loyalty to the department. Fails to become
involved or suggest improvements in assigned area.
Does as little as possible to show example to others
or promote the department.

4. Usually has a positive attitude toward assignment.


Demonstrates an active interest in his/her assign-
ment. Assumes responsibility for actions. Demon-
strates dedications and loyalty to the assignment
and department. Suggests improvement to assigned
areas. Takes an interest in the department/assignment
and promotes same to other. Has a sufficient working
knowledge of the requirements of said position.

7. Never becomes discouraged towards assignment and


responsibilities of the assigned position. Actively
investigates and solicits information form others to
increase knowledge and improve skills to assist in
performing the job functions. Is repeatedly
suggesting methods of improving the assignment.
Maintains a proactive approach to assignment. Knows
all of the goals of said position and achieves same.

(14) Acce p tance of Criticism:

Evaluates the way the member accepts criticism and how


the feedback is used to further the learning process
and improve performance.

Scori n g

1. Denies that errors were made, rationalizes mistakes,


is argumentative, refuses to or does not attempt to
make corrections. Considers corrective criticism as
a personal attack and/or complains to working
associates regarding same.

4. Accepts criticism in a positive manner and applies


same to improve performance and further the
learning experience.
APP-151

7. Actively solicits criticism/feedback in order to


further learning and improve performance. Never
argues or blames others for errors, mistakes, or
omissions.

(15) Citizen Contacts:

Evaluates the member's ability to interact with citizens


in an appropriate and efficient manner.

Scoring

1. Abrupt, belligerent, overbearing, arrogant, un-


communicative. Overlooks or avoids the "service"/
public relations aspect of the job. Introverted,
insensitive and uncaring. Uneasy and nervous in
dealing with people on a routine basis.

4. Courteous, friendly and empathetic. Communicates


in a professional unbiased manner. Is service/
public relations oriented. Is comfortable with
routine citizen contacts. Promotes a professional
image to the public.

7. Is always at ease with all citizen contacts including


dignitaries. Quickly establishes a rapport wiht
those contcted and leaves same with the feeling that
the member is genuinely interested in them. Is
always objective in contacts. Actively pursues
pbulic service duties in excess of general job
responsibilities. (Example: daily meetings with
citizens, groups, etc.).

(16) Departmen tal Members:

Evaluates the member's ability to effectively interact


with other department members of various ranks and in
various capacities.

Scoring

1. Patronizes other members and/or superiors or is


antagonistic toward same. Gossips. Is desrespectful,
argumentative, sarcastic, or resists instructions.

4. Adheres to the Chain of Command and accepts his/her


specific role in the organization. Maintains good
relationships with peers and superiors and is accepted
as a group member. Works well in a team atmosphere.
Although not completely in agreement with an assignment
or order, willingly accepts and follows same.

7. Is at ease iri contacts with all department personnel,


APP-152

Completely understands superiors' responsibilities.


Respects and completely supports their position.
Peer group leader. Actively assists others in
performance of. their jobs. ls always willing to
assist and/or take on other's duties. Does not
hesitate to seek assistance form the supervisor.

V. General

(17) Appearance - Uniform/Clothing:

Evaluates member's uniform appearance and dress demeanor.

Scoring

1. Uniform/clothing constantly dirty, wrinkled, fits


poorly or is improperly worn. Dirty shoes. In-
adequately maintained leather gear. Gear is missing
or improper.

4. Uniform/clothing is neat and clean - fits and is


worn properly. Leather gear and issued accessories
are clean and operative. Brass is polished. Shoes
are shined.

7. Uniform/clothing always very neat, clean and


tailored. Leather is always shined to a high gloss.
Brass is highly polished. Shoes are spit shined.
Displays a command bearing. Appearance sets a
standard for others to strive to achieve.

(18) Appearance - Grooming:

Evaluates the member's personal hygiene and adherence to


departmental standards for physical appearance.

Scoring

1. Hair is ungroorned and/or in violation of departmental


regulations. Minimal attention to personal hygiene -
offensive body odor and/or breath.

4. Hair groomed and meets the departmental standards.


Standard attention given to personal hygiene.
Present a neat and clean appearance.

7. Hair is always perfectly groomed and exceeds the


departmental standards. Pays strict attention to
personal hygiene. Sets the standard for a neat,
clean and impeccable appearance for others to strive
to achieve. (Example: Hair never out of place, etc.)
APP-153

(19) Attendance - Tardiness:

Evaluates the member's punctuality, including preparation and


readiness when responding for duty. Remarks should indicate
dates and times of absence.

Scoring

1. Repeatedly responds late for duty. Responds for duty


unprepared or unequipped.

4. Rarely, if ever, responds late for duty and only with an


acceptable excuse or reason. Is well prepared, equipped
and ready for service.

7. Never tardy. Responds to work early, allowing time to


review appropriate materials (clip boards - bulletin
boards - court notices - etc.) everyday. Is always
alert, prepared, equipped for immediate service.

(20) Attendance - Authorized Sick Leave:

Evaluates the member's frequencies of absence from duty


regarding authorized sick leave usage. Remarks should
indicate dates and times of absence.

Scoring

1. Seven (7) or more frequencies/incidents of sick leave


during the evaluation period.

4. Four (4) frequencies/incidents of sick leave during


the evaluation period.

7. No incidents of sick leave during the evaluation period.

Note: Any incident(s) of unauthorized absence is unaccept-


able and will result in a scoring of one (1).

VI. Performance

(21) Non-Stress Conditions:


Evaluates the member's ability to perform routine, non-
stress police related functions.

Scoring

1. When confronted with a routine task, becomes confused and


disoriented. Unable to determine a proper course of
action or takes inappropriate action.

4. Properly assesses routine situations, determines


appropriate action and utilizes same on a regular
basis. Thinks well "on his feet" and uses good
APP-154

common sense.

7. Properly assesses situations including the most


unusual or complex occurrences. Always determines
appropriate course of action for every situation and
utilizes same. Never misinterprets or makes mis-
takes regarding routine situations.

(22) Stress Conditions:

Evaluates the member's ability to perform in moderate to


high stress situations.

Scoring

1. Becomes emotional, is panic stricken, unable ot


function, fails to respond, loses temper or displays
cowardice, or overreacts.

4. Maintains calm and self-control. Determines proper


course of action and utilizes same, without unwarranted
hesitation. Does not allow the situation to further
deteriorate. Follows commands as directed.

7. Maintains calm and self-control in even the most


extreme situation. Always maintaining complete
objectivity. Quickly restores control in all situa-
tions and takes complete command of the situation.
Always determines the most appropriate course of action
and utilizes same.

(23) Equipment - Knowledge/Use:

Evaluates member's performance regarding department


issued and maintained equipment, including knowledge of
application, proficiency and awareness of supply require-
ments and routine inspections.

Scoring

1. Is unaware of the operation of issued/assigned


equipment (handcuffs, mace, revolver/shotgun, keys,
radio, vehicle/equipment, etc.) Deficient in
required knowledge of procedural applications and
with such equipment. Fails to routinely inspect
equipment and review policies and operational pro-
cedures regarding the use of same. Rarely inspects
vehicle (interior, exterior, maintenance items, etc.)
Did not qualify with issued equipment.

4. Has a satisfactory working knowledge of issued


equipment (handcuffs, mace, revolver/shotgun, keys,
radio, vehicle/equipment, etc.), policies, operational
APP-155

procedures and standards of application with such


equipment. Routinely inspects equipment for satis-
factory functioning. Inspects vehicle (interior,
exterior, equipment, maintenance items, etc.) daily.
Satisfactorily qualifies with issued equipment.

7. Ma intains a superior knowledge of issued equipment


(handcuffs, mace, revolver/shotgun, keys, radio,
vehicle/equipemtn, etc.). Is highly proficient
in procedural application and technical aspect of
such equipment. Conducts daily inspections and
servicing of equipment to insure flawless operation.
Scrupulously inspects vehicle and clean same (polish,
vacuum, etc.). Qualifies with issued equipment in
the upper percentile (90% or above).

(24) Interpersonal Transaction Skills:

Evaluates member's ability to use proper questioning


techniques, to vary techniques to fit person(s) being
interviewed/interrogated, to follow proper procedures.

Scoring

1. Fails to use proper questioning techniques. Does not


elicit and/or record available information. Does not
establish appropriate rapport with person(s) being
interviewed/interrogated. Does not control the
interrogation. Fails to follow established procedures.

4. Employs appropriate questioning techniques. Elicits


most of the available information and records same.
Established the proper rapport with most persons
interviewed/interrogated. Usually controls the
interrogation. Follows established procedural guide-
lines.

7. Always uses the proper questioning technique for


investigations. Establishes a rapport with all
persons interviewed/interrogated. Cqntrols the
interview/:i,nterrogation in even the most extremely
difficult situations. Conducts successful interro-
gations. Has all procedural guidelines and techniques
and uses them in achieving a successful outcome.
(example: Miranda warnings employed most effectively/
properly, etc. )

(25) Planning and Organization:

Evaluates member's ability to plan daily activities,


needs and scheduled assignments and organize his/her
schedule to accommodate same.
APP-156

Scoring

1. Forgets scheduled assignment. Often fails to


compelte assignments (deliveries, special attentions,
etc.). Does not anticipate potential problems and
time delays. Often fails to acquire necessary
equipment (flares, reports, etc.) prior to commencing
tour of duty. Follows a set daily routine of stops,
breaks, lunch, etc.

4. Completes assigned activities (deliveries, special


attentions, etc.) with rare exceptions. Usually
anticipates problems and time delays. Usually
acquires necessary equipment (flares, reports, etc.)
prior to the commencement of duty. Plans patrol
activities prior to duty and achieves same. Varies
schedules of routine functions.

7. Always completes assigned activities without exception.


Always properly anticipates problems and time delays
and compensates for same. Never is deficient of
necessary equipment (flares, reports, etc.). Plans
activities prior to duty and achieves same. Always
allots time for additional functions (enforcement,
field interviews, public service, etc.) Varies
schedule of routine functions.
APP-157

Standardize Performance Appraisal


APP-158
OFFICE USE

Raw Score
Conversion
(ADMINISTRATIVE) Index
-x --.59
-
STANDARDIZED PERFORMANCE
Final Score
APPRAISAL SYSTEM

This standardized performance appraisal process has been developed and shall be instituted utilizing
the following rating procedures:
1) To be completed for all sworn personnel by the immediate supervisor.

C
-
C
Q)
E
2) The supervisor will schedule an appointment with the individual to be rated prior to completing the
evaluation form. Both Supervisor and subordinate will review and discuss the format and complete the
evaluation process together. This allows both individuals to discuss the guidelines and affords the
0 C
·- Cl supervisor the opportunity to coach/counsel the individual.
-~ ·;;;
·-
0 <(
rJ) 3) The supervisor must view each category of evaluation separately and compare the performance of the
individual to the standardized guidelines.
4) All rating shall be reviewed by the next two (2) levels above the rater (example: lieutenant and captain
will review all evaluations of first line deputies under their commander). This review will be done prior
to being signed by the individual.
11
C'II 5) Evaluations will be completed on an bi-annual basis and/or prior to promotion or transfer, if an
:,
c E
·- evaluation has not been completed within ninety days of such assignment. An evaluation will be com-
C Q)
<( Cl) pleted for any temporary and/or specialized assignment.
6) Evaluations of 1 or 7 require that justification section be completed explaining the rational for this
rating.
C
0

.. ~
:, RATING SCALE SCORING
Q) -
-C'II C'II
>
ow Score Explanation
1 The performance of the individual achieves the performance statements denoted in category
"1" of the rating scale.
2 The performance of the individual exceeds all of the performance statements denoted in
category "1" and meets less than 50% of the performance statements denoted in category "1"

..
Q) ••
-
.. o
=II:
Cl)
C'II


and meets less than 50% of the performance statements denoted in catergory #4 of the rating
scale .

E ~ Z
C'IIC'IIC/)Q.
a. 3 The performance of the individual exceeds all of the performance statements denoted in
z a: Cl) <( category "1" and meets 50% or more of the performance statements denoted in category #4
of the rating scales.
4 The performance of the individual achieves the performance statements denoted in category
"4" of the rating scale.
5 The performance of the individual exceeds the performance statements denoted in category
"4" and meets less than 50% of the performance statements denoted in category "4" and
meets 50% or more of the performance statements denoted in category "7" of the rating
scale.
6 The performance of the individual exceeds the performance statements denoted in category
"4" and meets 50% or more of the performance statements denoted in category "7" of the
rating scale.
7 The performance of the individual achieves the performance statements denoted in category
"7'' of the rating scale.
APP-159
RATING SCALE

Not Acceptable Acceptable Superior


Performance Performance Performance

1 2 3 4 5 6 7

OFFICE USE
I. KNOWLEDGE
1. Policies and Procedures 1 2 3 4 5 6 7
2. Major Issues 1 2 3 4 5 6 7
3. Application of Issues 1 2 3 4 5 6 7
4. Assigned Area 1 2 3 4 5 6 7
Comment: Average

II. PRODUCTIVITY
5. Problem Solving 1 2 3 4 5 6 7
6. Self-initiated Activity 1 2 3 4 5 6 7
7. Alertness 1 2 3 4 5 6 7
8. Safety Procedures 1 2 3 4 5 6 7
Comment: Average

Ill. COMMUNICATION
9. Oral Expression 1 2 3 4 5 6 7
10. Written Expression 1 2 3 4 5 6 7
11. Timeliness 1 2 3 4 5 6 7
12. Accuracy 1 2 3 4 5 6 7
Comment: Average

IV. ATTITUDE
13. View of Assignment 1 2 3 4 5 6 7
14. Acceptance of Criticism 1 2 3 4 5 6 7
15. Citizen Contacts 1 2 3 4 5 6 7
16. Departmental Members 1 2 3 4 5 6 7
Comment: Average

V. GENERAL
A. Appearance 1 2 3 4 5 6 7
17. Uniform/Clothing 1 2 3 4 5 6 7
18. Grooming 1 2 3 4 5 6 7

B. Attendance
19. Tardiness 1 2 3 4 5 6 7
20. Sick Leave 1 2 3 4 5 6 7
Comment: Average
.
APP-160 OFFICE USE
VI. PERFORMANCE
21. Non-Stress Conditions 1 2 3 4 5 6 7
22. Stress Conditions 1 2 3 4 5 6 7
23. Equipment Knowledge/Use 1 2 3 4 5 6 7
24. Inter-personal Transaction 1 2 3 4 5 6 7
25. Planning and Organization 1 2 3 4 5 6 7
Comment: Average

Areas of most acceptable performance - specify: - - - - - - - - - - - - - - - - - - - - - - - -

Areas where improvement in performance is necessary or possible (even if currently) - specify:

Justifications: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Date: _ _ _ _ _ _ _ _ _ _ __
Supervisor's Signature

Member's Signature
APP-161
PERFORMANCE EVALUATION
COMMAND REVIEW

Subject Area/Categories 1st Line Review 2nd Line Review


Agree Disagree Score Agree Disagree Score

1) Policies and Procedures


2) Major Issues
3) Application of Issues
4) Assigned Area
5) Problem Solving
6) Self-Initiated Activity
7) Investigative Skills
8) Safety Procedures
9) Oral Expression
10) Written Expression
11) Timeliness
12) Accuracy
13) View of Assignment
14) Acceptance of Criticism
15) Citizen Contacts
16) Departmental Members
17) Uniform/Clothing
18) Grooming
19) Tardiness
20) Sick Leave
21) Non-Stress Conditions
22) Stress Conditions
23) Equipment Knowledge/Use
24) Inter-personal Transactions
25) Planning and Organization

Instructions: Indicate any objections or disagreements in the scoring computed by the supervisor in the comment
section below. Note the specific category number initially and then specify the issues and remarks
substantiating the disagreement and scoring change indicated.

Comment (1st Line Review) - - - - - - - -- - - -- - - - - - - - - - - -- - - - - - -

Date _ _ _ _ _ _ _ _ __ __
First Line Signature

Comment (2nd Line Review) - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -

Date _ _ _ _ _ _ _ _ _ _ __
Second Line Signature
APP-162

Standardize Performance Appraisal


Guideline for Supervisory Command
Assignment
APP-163
APP-164
APP-165
APP-166
APP-167
APP-168
APP-169
APP-170

Standardize Performance Appraisal


(Supervisory Command)
APP-171
OFFICE USE

Raw Score

Conversion
(SUPERVISORY COMMAND ) Index x 1.42

STANDARDIZED PERFORMANCE Final Score _ _ __


APPRAISAL SYSTEM.
This standardized peformance appraisal process has been developed and shall be instituted utilizing
the following rating procedures:

1) To be completed for all sworn personnel by the immediate supervisor.

2) The supervisor will schedule an appointment with tt1e individual to be rated prior to completing the
evaluation form. Both Supervisor and subordh1c1 le w!II review and discuss the format and complete
the evaluation process together. This allows both Individuals to discuss the guidelines and affords
the supervisor the opportunity to coach/counsel the individual.

3) The supervisor must view each categoty of evaluation separately and compare the performance
of the individual to the standardized guidelines.

4) All rating shall be reviewed by the next two (2) levels above the rater (example: lieutenant and
captain will review all the evaluations of the first line deputies under their commander). This review
will be done prior to being signed by the individual.
....,
C:
(I) 5) Evaluations will be completed on an bi-annual basis and/or prior to promotion or transfer, if an
c: E evaluation will be completed within ninety days of such assignment. An evaluation will be com-
0 C
'iii CJ)
pleted for any temporary and/or specialized assignment.
:~ -~
a <(
6) Evaluations of 1 or 7 require that justification section be completed explaining the rational for this
rating .

RATING SCALE SCORING


ro::s
C:
.E Score Explanation
C: (I)
<( Cl)
1 - The performance of the individual achieves the performance statements denoted in category
"1" of the rating scale.
C
0
:p 2 - The performance of the individual exceeds all of the performance statements denoted in cate-
ro
(I) ::s gory "1" and meets less than 50% or more of the performance statements denoted in category
....,
ro ro> #4 of the rating scales .
0 w
3 - The performance of the individual exceeds all of the performance statements denoted in cate-
gory "1" and meets 50% or more of the performance statements denoted in category #4 of the
rating scales.

4 - The ;)erformance of the individual achieves the performance statements denoted in category
"4" o'f the rating scales.

5 - The performance of the individual exceeds the peroformance statements denoted in category
"4" and meets less than 50% of the performance statements denoted in category "7" of the rat-
2
(1J ing scale.
(I) j,,:
0
~ ...;
E
ro ro
C: z(/) a.
a.
6 - The performance of the' individual exceeds tile performance statements denoted in category "4"
z 0:: Cf) <{ and meets 50% or more of the performance statements denoted in category "7" of the rating
scale.

7 - The performance of the individual achieves the performance statements denoted in category
"7" 01' the rating scale .
- - ·
RATING SCALE APP-172
Not Acceptable Acceptable Superior
Performance Performance Performance

1 2 3 4 5 6 7
OFFICE USE

I. GENERAL
A. Appearance 1 2 3 4 5 6 7
1. Uniform/Clothing 1 2 3 4 5 6 7
2. Grooming 1 2 3 4 5 6 7

8. Attendance 1 2 3 4 5 6 7
3. Tardiness 1 2 3 4 5 6 7
4, Sick Leave 1 2 3 4 5 6 7

Comments: Average

II. ADMINISTRATIVE MANAGEMENT


5. Planning and Organization 2 3 4 5 6 7
6. Problem Solving 1 2 3 4 5 6 7
7. Written Expression 1 2 3 4 5 6 7

Comments: Average

Ill. SUPERVISOR
8. Basic Supervisory Skills 1 2 3 4 5 6 7
9. Field Supervisory Skills 1 2 3 4 5 6 7
10, Development of Subordinators 2 3 4 5 6 7

Comments: Average
Areas of most acceptable performance -- specify: APP-173

Areas where improvement in performance is necessary or possible (even if currently) -- specify:

Justifications :

Date:
Super,isa's Signature

Member's Signab.Jre
APP-174
PERFORMANCE EVALUATION
COMMAND REVIEW

Subject Area/Categories 1st Line Review 2nd Line Review


Agree Disagree Score Agree Disagree Score

1) Uniform/Clothing

2) Grooming

3) Tardiness

4) Sick Leave

5) Planning & Organization

6) Problem Solving

7) Written Expression

8) Basic Supervisory Skills

9) Field Supervisory Skills

10) Dev~lopment of Subordinates

Instructions: Indicate any objections or disagreements in the scoring computed by the supervisor in the comment section below. Note
the specific category number initially and then specify the issues and remarks substantiating the disagreement and scor-
ing change indicated.

Comment (1st Line Review) - - - - - - - - - - - - - - - - - - - - - -- -- - - -- - -- - - - -

Date
First Line Signature

Comment (2nd Line Review).

Date
Second line Signature
APP-175

Use of Force Form


APP-176 CPCR 102593 • ECS

ERIE COUNTY SHERIFF'S OFFICE Date Cl# C.

Use of Firearms/Force Report Time


Incident □ On Duty
Occurred: □ Off Duty
Location of Incident Was a firearm accidentally discharged? □ Yes
If yes, define in Narrative below. □ No
Defendant's Name Phone Height

Address Weight
Sex: □ Female □ Male
Race DOB

Nature of injuries before force used:

Nature of injuries after force used:

Transported to Hospital Hospital Name Phone At Hospital, Defendant was:


□ Yes: □ No □ Admitted □ Not Treated
D Ambulance Address D Treated & Released
D Other: D Refused Treatment -
Doctor's Name Name witness to refusal:
Condition of Defendant
□ Sober Charges placed against defendant: Tech Work Performed:
□ Had been Drinking □ No If yes, by:
□ Intox (Alcohol) □ Yes
□ Intox (Drugs) D Other D Diagram D Photos
Phone Numbers
Name Witnesses to Incident Address Day Night

Narrative: (Indicte reason force used, level of force used, how force was Injured?
Names of Other Officers at Scene
used. tvoe of eauioment used (imn. handcuffs baton etc.) Yes No

Reporting Officer/Badge # Approving Supervisor


·.'· ti spJce 'roi'·, Jl1ido~i'j'j~form~tii~1\
1

is n,ett.ea, tJOOceh~tiitft'.6'·&-m.,1Hta.~ .:
Reporting officer injured? Yes D No □
Command Officer Review.ing Report
s~pri~-~e11ta1:~.~~:t~ !~ti,.::~~c.:~~i: : : :i;:~,•:·.
WlllTE • DIVISION CHIEF COPY • YELLOW· INTERNAL AFFAIRS COPY • PINK - OFFICER COPY
APP-177

Erie County, New York


Police Reform Citizen Task Force

Committee IVReport:
Recruiting, Training, and Supporting an
Effective & Diverse Workforce
APP-178

ERIE COUNTY POLICE REFORM CIVIL TASK FORCE SUBCOMMITTEE IV:


RECRUITING AND SUPPORTING EXCELLENT PERSONNEL

1. Recruiting a Diverse Workforce


ECSO Police Services - Full-Time Sworn Officers Race Demographics (2020)**
Black or Black or
White African Seneca Hispanic White African Hispanic
TOTAL
Male American Male Male Female American Female
Male Female
Total # 132 1 1 0 12 0 0 146
Percentage 90.4 0.7 0.7 0 8.2 0 0

Erie County - Percentage Race Demographics (2019)


Native White
American
Black or Hawaiian Two or alone,
Indian or Hispanic
White African Asian or Other More not
Alaska or Latino
American Pacific Races Hispanic
Native
Islander or Latino
Percentage 79.3 14 0.7 3.8 0 2.1 5.8 75
** - Note – This is for the division of ECSO Police Services Division only, not the
entire ECSO
• Does your agency reflect the diversity of the community?
No, however in some cases, specifically in the more rural parts of Erie County, Sheriffs may in
fact reflect a more accurate representation of those communities. However, the overall distribution
of race is grossly underrepresented.

• What are the ways in which your agency recruits diverse candidates that better
represent the demographics of the communities you serve?
According to Erie County Sheriff’s Office (ECSO), there is not a set effort to recruit a diverse
workforce. However, they do advertise vacancies in minority community papers. This area of
change is not something that we will be able to realize results over night. This seems to be a glaring
issue in the department. Only .4% of the EC Sheriffs are minorities, compared to 21% of Erie
County being minority. The gap between this is not acceptable. Furthermore 50% of the deputies
that were surveyed believed that they in fact did represent the community served.

When surveyed, the ECSO deputies were asked about their knowledge of efforts to recruit
minorities and none appeared aware of these efforts. Many expressed that race should not be
considered and that it is important to hire the best qualified.
APP-179

Recommendations –

o A greater effort should be placed on recruitment of minorities to better represent


the community (assuming that it does not in all parts of the community)
o Recruitment should begin in minority communities through community centers,
faith-based centers, high schools and local community colleges.
o Use of social media and building a strategic campaign to target specific populations
is highly recommended. Targeted populations examples should include African
American, and other underrepresented minorities.
o Furthermore, a greater effort should be made to discuss the benefits of having a
diverse police force that reflect its community.

• What are ways in which you can re-evaluate hiring practices and testing to remove
barriers in hiring underrepresented communities?
Currently the ECSO use the civil service exam. When asked through the Deputy Survey, the
majority of deputies answered that their knowledge of a position was either through another
sheriff, friend, or they received a lateral transfer (recruitment effort to obtain officers from
other departments).
Recommendations –
o As stated in the resources book, ECSO should consider eliminating tests both
physical and written that do not directly reflect the officers actual job duties. This
process may otherwise deter certain populations, or limits efforts of recruitment.
(pg. 87 NYS Police Reform and Reinvention Collaborative, Resources & Guide for
Public Official and Citizens). The process seems to favor a “friends and family” or
connection type process to recruit deputies. This practice will most likely limit an
effort on recruiting minorities.

• How can you encourage youth in your community to pursue careers in law
enforcement?
In the Deputy Survey, 69% of the deputies feel it is extremely important to be present in schools.
Recommendations –
o ECSO should be involved in youth programs in community centers, specifically in
underrepresented communities. Programs, activities and regular visits should
become a part of the ECSO annual plans. Building trust from an early age is
extremely important.
o Partnering with schools in particular communities is a good way to reach youth (i.e.
UB Law school youth outreach program)
o Forming a youth cadet or reserve program is also highly encouraged

• What actions can your agency take to foster the continued development and retention
of diverse officers?
Recommendations –
APP-180

o Circling back to the fact that the ECSO does not reflect that of the community
served, it is imperative that the concentration of minority recruitment becomes a
top priority. Then we would recommend efforts be explored on how the ECSO can
better align trainings and wellness programs to maximize retention of a diverse
department.

2. Training and Continuing Education


As a matter of policy, the ECSO requires all sworn members to maintain and adhere to a minimum
set of standards which includes:

a. Through knowledge of all applicable laws, statutes and ordinances


b. Appointee must have successfully completed an appropriate law enforcement
academy and a formal Field Training Officer Program (FTO) of no less than 200
hours related to their assigned duty.
c. Deputy sheriff in the Police Service Division must successfully complete Division
of Criminal Justice Services (DCJS)approved Basic Course for Police Officers and
a minimum of eleven weeks (11) FTO Program.
d. All are required to complete a minimum of 21 hours of in-service training annually
in addition maintaining proficiency in the use of assigned weapons and related
equipment.

Of the officers who responded to the survey, only roughly 34% indicated that they feel that they
received enough additional yearly training, while at least a much higher percentage indicated
receiving specialized training unique to their specific duties.

• How can you develop officer training programs that reflect your community values
and build trust between police officers and the communities they serve?
Plainly, the Erie County Sheriff’s Office (ECSO) Police Service Division’s demographics do not
reflect the demographics of the community which it serves. Further apparent is its training appears
to be based on basic requirements guided by state level organizations such as DCJS or
departmental internal operation procedures guided toward proficiency in traditional policing
functions, void of any specialized concern for the local populations being served. Training
programs or policies do not seem to require training to deal with community issues beyond
traditional policing. The deputy survey indicates that such topics as de-escalation training has
either not been widely provided or lacks consistency since provided at the academy. Since over
45% of the survey responses indicates that having access to mental health counselors would be
helpful on mental health related call and 16% are neutral on the subject, this training appears to be
in the horizon, but is not yet provided.
Recommendations –
o Expanding upon community partnerships and stake holders. Ideally the use of
people who have done this type of training before and can train the officers in de-
escalation and cultural sensitivity because they have these experiences and have
completed such training themselves (such trainers could be peace-keepers,
community leaders, community stakeholders, etc.)
APP-181

o Use of community qualified trainers/subject-matter experts to deliver or assist in


the delivery of in-service training in the areas of de-escalation, mental health
responses, cultural sensitivity, trauma informed care, immigrant and refugee issues,
etc.

• What training policies can you adapt to ensure that police officers continuously
receive high-quality, relevant in-service training sessions?
The Erie County Sheriff’s Office has a specific Training Police and Procedure manual consisting
of two training related general orders. These general orders are expansive and specific in the areas
of Recruit training as well as time requirements of duty specific Field Officer Training Program.
Although the requirements of these two primary training areas exceed DCJS requirements (stated
on the order), in-service training is very general and non-specific with the exception of the
minimum 21-hour requirement. Numerous topics for in-service training are provided, but some
are duty specific which may consume a large amount of the allocated 21 hours, and others may be
mandated by Erie County, such as sexual harassment in the workplace and others. This leaves
very little time, if any, of the allotted 21 hours to conduct continuing that is community relevant
on specific issues affecting the community at large, such as sex trafficking, the ever-changing
refugee and migrant population issues among others.
Recommendations –
o Removal of the state and federal training of the 21-hour requirement and instead
make the 21 hours solely focused on relevant police duties
o For ECSO to develop a training plan with an objective focused on specific subject
areas that are prevalent in the community (i.e mental health, sex trafficking, de-
scalation, cultural awareness, trauma informed care, racial disparity, etc.)
o That the state and EC legislature allocate sufficient funding as needed to have a
well-trained sheriff’s department that is current on issues affecting the community.
o Maximizing the use of community resources available from grassroots organization
and local academia to assist with training and to ensure that training remains
community relevant.
APP-182

• How can leadership training improve community policing and strengthen


relationships between your police department and members of the public?
Recommendations –
o That the leadership of the ECSO develop a program in which community leaders
and those leaders of the ECSO meet face to face on a regular basis to encourage
meaningful dialog on issues affecting the community
o Providing community leaders the opportunity and/or mechanisms to provide the
ECSO with community updates and areas of concern

• How can your police department use its training programs to avoid incidents
involving unnecessary use of lethal or nonlethal force?
After looking through the survey given to the police officers, it seems there is quite the consensus
that there is not enough training to begin with, let alone on the topic of lethal vs. nonlethal force.
Recommendations –
o Frequent, relevant, mandatory training to officers on this topic
o There have been many places that use de-escalation training in the workforce, this
same type of training could be applied in the police department. Focusing on de-
escalating the situation will ultimately help in avoiding incidents involving
unnecessary use of lethal and nonlethal force.

• How can your police department use its training programs to avoid potential bias
incidents and build stronger connections with communities of color and vulnerable
populations?
Comparing the demographics of the Sheriff’s Office versus the County, it is clear the majority of
those on the force are white males. This group would benefit from training on implicit bias and
cultural differences, especially answering calls within communities where the people do not look,
think or act like themselves. Cultural and ethnic differences can involve into inadvertent
miscommunication. understanding that not all officers are not working in places that
they do not interact with people who look like themselves; they should still receive
this training
Recommendations –
o Frequent and mandatory training on the identification of different cultures and
people within the communities being served, to better understand the experiences
of people other than themselves
o All officers should receive the same aforementioned training, regardless of the
populations or communities where they are located; just because an officer appears
or has the same beliefs as the community being served doesn’t negate the benefit
of this racial and sensitivity training
o Commitment to enforcement of the idea of acceptance and understanding of
cultural or racial differences
• How can your training program help officers effectively and safely respond to
individuals experience mental health crises or struggling with substance abuse?
APP-183

We cannot expect officers to adequately respond to someone who is having a mental health crisis
if lacking proper training. Any random person on the street is not able to do so either. With that
in mind, officers come into contact with these people more often than people on the street therefore
have a greater need for efficacy. With the increase of mental health calls and substance abuse
calls, more funding would be necessary to complete this goal of getting officers trained for these
types of calls.
Recommendations –
o Although there are similar programs currently in place, they need to be expanded
and utilized more often
o Expand on the crisis services model, and ensure all officers are trained on this
o Proper training from experienced health counselors/social workers would be very
beneficial
o Creation of a Crisis Intervention Team, in place to help the officers when
responding to calls of these sort
o Also having these mental health professionals do ride-alongs or be the only ones to
respond to calls that are mental health related could significantly aid with the
decrease of these incidents
o Flagging of mental health emergency calls to automatically immediately trigger a
crisis services professional instead of waiting for the police officer to request them
to come

• What practices and procedures can you put into place to measure the quality and
efficacy of your police department’s training programs?

Recommendations –
o A periodic review of training programs is completely necessary. Times change and
training programs should as well to incorporate anything that could be not covered
as time goes on.
o Routinely survey officers to see if they feel they have enough training.
o Review of other county’s programs to see if there can be overlap training.

3. Support Officer Wellness and Well-being


• What steps can you take to promote wellness and well-being within your department?
Officer survey responses indicated a desire for more training and education in all aspects of law
enforcement. There seemed to be a genuine willingness to better oneself. We recognize the value
seemingly placed on a hotline that is currently available to officers.
APP-184

Recommendations –
o Mandatory educational programs focused on mental illness and funding for the
same
o Creation of internal support groups or the suggestion of external groups that may
offer some benefit to officers
o Publication of statistics that would positively affect attitudes about mental illness
and seeking treatment (i.e. chart of 1/5 officers have PTSD, etc.)
o Access to contact information of a mental health or crisis counselor, suicide
prevention specialist, especially at night

• Are there ways to address officer wellness and well-being through smarter
scheduling?
Several survey responses seemed to dwell on the length of time on calls and the lack of additional
assistance, however we acknowledge the core of these issues likely involve a lack of funding, and
for implementation of any recommendations, this too would be necessary to address.
Recommendations –
o Reduce instances of overtime in single shifts
o Develop overlap between shifts for officers to devote time to wellness on the job
(i.e. gym/yoga/mediation hour)

• How can you effectively and proactively address the mental health challenges
experienced by many officers throughout their careers?
Officers indicated requests for better access to information and professionals in mental health
crises.
Recommendations –
o Reducing stigmas associated with mental health counseling; efforts or campaigns
undertaken to put aside stereotypes through educational programs.
o Avoid the implementation of a timeline on the process of counseling/grieving; more
accommodations and encouragement of officers to take the necessary time off to
address mental health situations
o Changing the system of PTO, and allowing use of mental health days (in place of
personal/sick time).

• How can you address the well-being of an officer after a traumatic event?
Recommendations –
o Requirement of mental health screening before return of work after traumatizing or
unusual incidences
o Routine staggered personal follow-up with officers involved in a traumatic event to
ensure issues have not developed (i.e. 2 weeks post-incident, 1 month post-incident,
6 months post-incident, etc.)
o Implementation of officer peer program, whereby officers who have been through similar
traumas or situation are available for consult.
APP-185
APP-186

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