Police Audit-Draft Report

REVIEW OF THE MONTGOMERY COUNTY, MARYLAND POLICE DEPARTMENT
REVIEW OF THE MONTGOMERY COUNTY, MARYLAND

POLICE DEPARTMENT (MCPD)
REGARDING REVIEW OF THE MONTGOMERY COUNTY POLICE DEPARTMENT

(MCPD)
JUNE 2021
JUNE 30, 2021 1

TABLE OF CONTENTS
I. Executive Summary ................................................................................................................. 3
Preliminary Summary Findings & Key Recommendations ......................................................... 4
II. Use of Force & Internal Affairs .............................................................................................. 10
Use of Force Policy ................................................................................................................ 10

Use of Force Reporting .......................................................................................................... 11
Use of Force & Internal Affairs Incident Review ...................................................................... 13
III. Mental Health Response ...................................................................................................... 19
MCPD Crisis Response Policy ................................................................................................ 19

Behavioral Health Crisis Response ......................................................................................... 20
MCPD CIT Program ............................................................................................................... 21
Assessment of Crisis Intervention (CIT) .................................................................................. 22
IV. MCPD Education & Training ................................................................................................. 31
Recruit Training .................................................................................................................... 32

In-Service Training ................................................................................................................ 35
Field Training Officer (FTO) Program ..................................................................................... 36
Supervisor Training ............................................................................................................... 37
De-Escalation Training ........................................................................................................... 39
Cultural Diversity & Bias-Free Policing Training...................................................................... 41
V. Recruitment & Hiring Practices ............................................................................................. 42
Hiring System ....................................................................................................................... 43

Background Investigations ..................................................................................................... 47
Opportunities for Innovation .................................................................................................. 48
Community Policing .............................................................................................................. 52
VI. Early Intervention System .................................................................................................... 54
Recommended MCPD EIS Procedures ................................................................................... 62
VII. MCPD Organizational Overview ........................................................................................... 63
MCPD Structure .................................................................................................................... 64

Interagency Partnerships ....................................................................................................... 68
Department Rules (Code of Conduct- Conformance to Law) .................................................... 70
Written Directive System ....................................................................................................... 73
VIII. MCPD Audit Next Steps ..................................................................................................... 74
JUNE 30, 2021 2

I. EXECUTIVE SUMMARY
On July 1, 2020, County Executive Marc Elrich announced his vision to reimagine public safety in
Montgomery County, Maryland, with the goal to create a more equitable and inclusive county by
promoting safe neighborhoods and communities that are better for all residents. As you know, the
Reimagining Public Safety Initiative is broad and ambitious. It entails an in-depth and
comprehensive examination of those County Departments and resources that provide public
safety services for the purpose of creating a better, safer community for all.
Effective Law Enforcement for All, Inc. (ELE4A) is partnering with Montgomery County to identify,
evaluate, and recommend structural and systemic changes necessary to achieve a shared vision
for reform and innovation in your community. We aim to support your established dialogue,
enable, and empower the reimagining of what safe and effective policing can and should look like
in Montgomery County.
A key goal of our review of the MCPD is to help Montgomery County evaluate the police
Department’s leadership, education, accountability, and practices. As we consider the current
organizational culture, policies, resources and procedures, we hope to offer improvements to both
existing and future public safety standards through implementing improved standards for policing
as you envision it for your community.
Further discussion of changes in state law, local legislative activity and collective bargaining will
also be pertinent to developing the path forward on these preliminary recommendations in order
to address any real or perceived obstacles to reform.
ELEFA’s recommendations are considered from practices that are demonstrated to promote more
effective, accountable, and safer policing, and deemed appropriate for the department. Further,
notable deficiencies and their prescribed reforms tend to be reflected in DOJ
investigations. These practices are generally recognized by experts as effective in achieving
legitimate ends in policing that is both lawful and provides appropriate safeguards for the
protection of life and property. Our standards are generally reflected in DOJ Consent Decrees,
model policies issued by respected organizations and agencies, such as IACP and the DOJ COPS
program, and the President’s Commission on 21 Century Policing. More broadly, our subject
matter experts are recognized as national experts.
This preliminary report discusses Effective Law Enforcement for All, Inc.’s review of the
organizational structure of the Montgomery County Police Department, its internal affairs system
including approaches to handling uses of force, mental health response, recruitment & hiring, and
assessment of the training Academy. This preliminary report is a draft; the MCPD audit is still
underway. A final report is expected to be released in the Fall. We wish the County continued
success in its efforts to advance the recommendations borne from the Reimagining Public Safety
Initiative through working collaboratively with the relevant stakeholders to revise, adopt, and
implement the necessary elements and tools to achieve safe and effective policing, based on the
needs, observations, and goals identified in Montgomery County, Maryland.
JUNE 30, 2021 3

Our preliminary recommendations are summarized below.
PRELIMINARY SUMMARY FINDINGS & KEY RECOMMENDATIONS
MCPD is divided into four bureaus and the Office of the Chief Marcus G. Jones, who was sworn in
as Chief on November 8, 2019, and has more than thirty years of experience with the Department.
The four bureaus are the Patrol Services Bureau, Field Services Bureau, Investigative Services
Bureau, and the Management Services Bureau. The Patrol Services Bureau contains the general
policing districts and the Special Operations Division (SOD). The SOD consists of the Canine Unit,
Emergency Services Unit, Police Community Action Team, Special Events Response Team, and
Tactical Unit. The Investigative Services Bureau consists of the Criminal Investigations Division,
Auto Theft, Fraud, Family Crimes, Major Crimes, and Special Investigations Division. The
Management Services Bureau is largely a civilian support bureau that consists of Emergency
Communications, Budget, Personnel, Training, and other Support Services. Soon, MCPD will be
added a fifth-- the Community Resources Bureau.
The MCPD is a high-performing organization. Yet, like all high-performing organizations, there is
not only opportunity for improvement but continuous improvement is essential to maintaining
pace with constantly changing environmental circumstances and public expectations.
Accordingly, this report focuses on those areas in greatest need of improvement. Our
recommendations are extensive, although they vary in magnitude and importance. We are
confident they provide a path for the County to reimagine its policing philosophy, policies, training
and practices to emphasize public safety, effectiveness, and transparency.
USE OF FORCE, REPORTING, AND INVESTIGATIONS
SUMMARY FINDINGS. We evaluated MCPD’s use of force policy, reporting, 60 use of force
incidents, and a sample of use of force investigations. We found areas for improvement in the
Department’s policies, practices and some investigations. For example, the former policy lacked
specificity and failed to address important aspects in uses of force; however, many of these
concerns are addressed in MCPD’s recently adopted, revised policy. In general, certain systems
could be improved to reduce subjectivity. We are working with the department to have a clearer
understanding of their policies, practices and investigations to provide current best-practice
standards for the final report.
Based on our findings, as detailed in Section II we make the following recommendations:
t Determine a single repository for use of force and IA incidents.

t All use of force incidents should be investigated
t Expand the role of IA to include investigating criminal misconduct of officers instead of
assigning this to investigators in ISB (Investigative Services Bureau)
t Develop a Force Investigation Team (FIT) within Internal Affairs to conduct serious uses of
force investigations and review
JUNE 30, 2021 4

t Develop system to conduct criminal and internal investigations as parallel investigations; New
Maryland State Law will change processes for investigating officer-involved shootings effective
October 1, 2021
t Revise MCPD use of deadly force investigation policies and protocols to require a prompt,
separate, parallel administrative investigation of each officer-involved shooting, and require
the preparation of a report documenting investigative findings
t Identify and define what a serious use of force is
t Allow the Districts to review only those less serious uses of force
t The Internal Investigative Review Panel should broaden their role when convening on force
matters, and determine if force incidents raise policy, training, equipment or tactical
concerns, and record outcomes
t Define a Departmental standard on what is expected to be included when conducting district
level force investigations
t Administrative intake should be required to be recorded
t Provide training to District supervisors in force investigations and hold them accountable for
evaluating their officers’ videos with a critical eye
t Initiate an internal auditing protocol for BWC and other force related videos
t Consider issuing BWCs to SAT (Special Assignment Teams)
t Consider if officers working off duty employment should be required to wear BWC for certain
assignments
t Implement an Early Warning & Intervention System for MCPD employees
MENTAL HEALTH RESPONSE
SUMMARY FINDINGS. Safe and effective responses to mental health crisis calls require a
coordinated, inter-agency response. Thus, focusing exclusively on MCPD’s policies and practices
will not achieve necessary improvements. Nevertheless, the MCPD’s policies and practices
regarding responding to calls involving mental and behavioral health crises are outdated and
insufficient to address the need. The mental health crisis policy, Directive: FC921 – Emergency
Evaluation of Mentally Disordered Individual, issued on June 10, 2005, is outdated in terms of its
language, policy and process references. It devotes only one page to crisis intervention/alternative
response. The remaining six pages are dedicated to involuntary commitment petitions. Mental
health response training is also inadequate. The Department’s policies for responding to mental
health calls are impractical and, consequently, often not relied upon. County resources devoted to
mental crisis response are inadequate and poorly coordinated.
Based on our findings, as detailed in Section III, we make the following recommendations:
t Restructure the Mental Health Advisory Committee to provide sufficient “on the ground”
expertise as well as senior rank and executive leadership to provide practical and informed
guidance and to ensure recommendations are implemented
t Establish both a County and State Steering Committee, with the county steering committee
made up of local entities like crisis center, jail, court, MCPD, EMS, emergency communication
JUNE 30, 2021 5

etc. and a State steering committee made up of a designee from each participating county
across the state, in addition to a funded CIT coordinator position that spans the county
t Include key community partners, advisory committee members and people with lived
experience in the policy review and revision process to ensure consistency across
organizations
t Ensure revised CIT policies integrate well with other Department policies, as well as
telecommunicator policies and Fire/EMS policies
t Ensure crisis intervention related policies are reviewed annually, with stakeholder input
t Suspend revisions to the existing MCPD CIT policy until a better understanding is developed
on role integration and required protocol
t Include refresher training (annually, or at a minimum of every 2-3 years), as well as advanced
training to increase and strengthen knowledge for a more robust CIT program
t Require telecommunications to either begin to attend the consistently offered CIT training, or
develop a telecommunication specific CIT training.
t Consider mandating CIT experience for all Sergeants, FTO’s and any newly promoted
Commanders, which with attrition and promotion, will build capacity and a culture of
understanding the importance of the CIT program
t Establish a call code system that accounts for primary and secondary call codes that best
capture overall calls for service (CFS) that involve a mental health component
t Require a CIT report be completed for calls that are closed out as calls involving a mental
health component
t Ensure the Mobile Crisis Outreach Team (MCOT) from the crisis center track time a request
for response came in, on scene time, time an MCPD officer responds, and time to clear a call;
track law enforcement drop offs/utilization, and ensure MCPD tracks when LEO’s are
dropping off at hospitals, crisis center, or jail
t Educate community on CIT and on how to request a certified CIT officer
t Conduct an operational assessment of the County’s 24/7/365 crisis center
Alternative Response
t Embed community mental health center case manager(s) inside the jail, and also assign them
to the mental health dockets for continuity between judges, attorneys, and case managers
t Develop justice involved case management teams at the community mental health center who
have the role of serving high frequency utilizers of law enforcement calls and jail bookings
t Consider embedding a clinician inside telecommunications to divert from law enforcement
response at all, while also utilizing a warm hand off as necessary to a resource line
t Establish paramedic, clinician, soft uniform CIT officer and PEER dedicated co-response
teams.
t Follow opportunities for legislative advocacy. Maryland is one of only three states without
Outpatient Treatment Orders. The current mental health advisory committee would be a good
place to gain momentum with this area of reform.
t Streamline centralized call intake and dispatch system (Crisis Center hotline, 311, Everymind,
911)
JUNE 30, 2021 6

t Provide more robust alignment in criminal justice/behavioral health programs including jail
diversion, specialty courts, CIT, Co-responder, EMS, and Telecommunications
t Expand pre-booking services—which are essentially absent now
RECRUIT EDUCATION AND TRAINING
SUMMARY FINDINGS. We reviewed recruit training (MCPD Academy), in-service training,

supervisory training, field training programs (FTO), de-escalation, community policing, and
cultural diversity and bias-free policing. To enable our review, MCPD provided all training-related
policies, procedures, manuals, lesson plans, testing protocols, training calendars and related
materials. We also conducted a site visit during which we observed training, including scenario-
based training on use of force, de-escalation training and constitutional law.
MCPD training is overall high quality and produces highly trained officers. Academy leadership is
experienced and committed to meeting best-practices standards for police training. Reflecting
that commitment, MCPD appears to recognize the need for additional training on de-escalation,
procedural justice, community policing, and bias-free policing and has initiated steps to provide
that training.
Based on our evaluation, as detailed in Section IV, we make the following recommendations:
t Adopt training constructs in curriculum design of the Academy

t Adopt training constructs to ensure that training managers are always cognizant of developing
a “Whole Officer” who can effortlessly apply all these domains in field situations1
t Support efforts to innovate to change to a “Guardian” culture
t Reinforce teamwork as a critical component of Academy training
t Consider adding the training construct of “not to an event, but through an event”
t Hire a civilian PhD as the Director of Academics or Co-Director of the MCPD Academy
t Improve process for updating training documents, training bulletins, and Department policies
1
Academics have long known that human beings learn from three domains called Cognitive, Affective, and
Psychomotor. Incorporating these training constructs into the Academy’s curriculum improve
comprehension and retention. As important they also facilitate training that focuses on developing a “Whole
Officer” approach that enables officers to apply a range of motor, intellectual, and emotional skills in
resolving the situations they confront in the course of their duties.
JUNE 30, 2021 7

In-Service Training
t Require more human relations training (bias free, procedural justice) on an annual basis
t Develop a more robust annual training plan that considers all facets of training
t Consider creating and testing in-service personnel on scenarios that contain procedural
justice, fair and impartial policing, bias-free policing, cultural diversity and sensitivity, and
community policing and engagement
t Provide ABLE peer intervention training to all MCPD personnel
Field Training
t Require the candidate be given an extensive background check for the FTO selection process
Supervisor Training
t Provide training prior to or directly after promotion to the rank of Sergeant; too many bad
habits can be learned by new supervisors who are not trained for months after their
promotions.
De-Escalation Training
t Modify MCPD reality-based scenarios and drills to require recruits and in-service officers to
slow down the situation and use de-escalation tactical techniques to increase the probability
of using no force or the minimal amount of force necessary
t Expand MCPD co-responder (police officer and mental health practitioner) program;
implement a call center where mental health professionals can give advice to field officers,
and have MCPD personnel work with mental health professionals to design plans to deal with
persons who are constantly in mental health crisis and generate many calls for service.
Cultural Diversity & Bias-Free Policing Training
t Adopt the CAL-POST 8-Step traffic stop format or a similar one to prepare recruits to conduct
these stops in a structured format that automatically has procedural justice (voice, respect,
etc.) and bias-free tenants embedded into the curriculum
t Teach the tenants of Listen, Explain, Equity, and Dignity (LEED) to the recruits
Community Policing Training {to be supplemented]
t Revert back to field officers training on problem-solving models in the Academy that are used
to solve real world community policing issues
t Consider taking site visits to other law enforcement agencies known strong community
policing and community engagement programs and implement aspects that would work in
Montgomery County into a community policing program
JUNE 30, 2021 8

RECRUITMENT & HIRING
SUMMARY FINDINGS. A department’s recruitment efforts impact every other function of the
agency. Model departments ensure that recruitment efforts are designed and operated to identify
and hire candidates that reflect the communities they serve, especially including historically
underrepresented populations. The Department requires an associate degree, or equivalent, at the
time of application, or three years of active-duty military service with an honorable discharge, or
three years of full-time law enforcement experience recognized by MCPD. Even though the starting
salary is below some well-respected police departments in the area, the County relies on an
excellent benefits package, first-rate training, a nationally accredited status, and a wide range of
patrol and specialized duties to attract well-qualified candidates from in and outside the area.
The MCPD is committed to adopting and preserving innovative recruitment methods, and
maintaining high standards for recruiting diverse, qualified, and committed future officers. The
Department has built partnerships with educational institutions to enhance relationships with
youth in Montgomery County, although these partnerships rely on the School Resource Officer
(SRO) program, which is highly controversial in the County and there are pending proposals to
revise or eliminate the program as it currently operates. Changes to the SRO program may
require MCPD to revise its recruitment practices. At the time of this report, MCPD may consider
whether the existing SRO program has been an effective recruitment tool, historically. The
Department also provides a hiring preference for military veterans. Qualified applicants can
substitute three years of active-duty military service, with an honorable discharge for the required
60 college credits.
Based on our review, as detailed in Section V, we offer the following recommendations
t Add a cloud-based technology as a streamlining measure and to increase effectiveness and

efficiency for background investigators
t Reduce the amount of time it takes to process candidates using technology and combining
processes
t Review and analyze for negative trends and adjust practices as warranted to reduce adverse
impact at any stage regularly
t Consider increasing the starting salary for entry-level police officers to become more
competitive in the Washington Metropolitan area
t Assess MCPD employee turnover and reasons officers leave the Department continually
t Provide training and leadership guidance so that workplace “inclusion” becomes part of the
everyday work-life culture.
JUNE 30, 2021 9

II. USE OF FORCE & INTERNAL AFFAIRS
This part of our preliminary report discusses the review of MCPD use of force policies, annual
reports, internal investigative processes, interviews and other data received from Montgomery
County to assist ELE4A in our efforts to provide a comprehensive review of MCPD leadership and
practices related to use of force. We are working with the department to have a clearer
understanding of their policies, practices and investigations to provide current best-practice
standards for the final report. The following sections will provide observations and
recommendations related to these areas.
USE OF FORCE POLICY
A new Response to Resistance and Use of Force Policy, FC 131, became effective May 2021. The
new Response to Resistance and Use of Force draft policy is more comprehensive than the
previous Use of Force Policy. By comparison to the existing policy, the new draft goes into more
details that align it with today’s standards for response to resistance and use of force. 2
OBSERVATIONS: USE OF FORCE & RESPONSE TO RESISTANCE POLICY
The previous MCPD Use of Force Policy (9-21-2016) statement was general, lacked specificity on
de-escalation, failed to reference the Graham v. Connor framework3, and did not address officers’
mandatory duty to intervene— all of these topics have been addressed in the recently developed
and implemented FC 131 use of force and response to resistance policy. Neither the previous
policy nor the new policy addresses K-9 bites and/or deployments as a force event.
2
The new draft policy is reviewed and commented on by senior executives, legal and the FOP. After each
review, the draft is returned to the Policy and Development section. Once completed, it is to be entered into
Power DMS for dissemination.
3
We note that while the Graham standard was initially viewed as limiting officers’ discretion to use force,
subsequent decisions have led to widespread criticism that the standard has not achieved its expected
results and is unduly deferential to officer’s discretion to use force. Regardless of these criticisms, neither
Graham nor any legal standard can provide the guidance, training and accountability necessary to achieve
safe, effective, and restrained uses of force. Thus, the Graham factors must be considered in the context of
broader use of force philosophies, policies and training.
JUNE 30, 2021 10

USE OF FORCE REPORTING
MCPD provided Annual Use of Force Reports for the years of 2014, 2015, 2016, 2017, 2018 and
2019. 4 We reviewed all MCPD reports on annual uses of force, from 2014 through 2019. The
following observations are relevant to potential concerns related to bias in MCPD’s use of force
reporting.
2014 Annual Use of Force Report
o MCPD made 17,834 arrests, and force was used in 418 incidents. This represents force
being used in 2.3% of arrests.
o Arrests of people of color (Black and Latino) relative to Whites were at a ratio of 5:1 in
District 3 (Silver Spring) and 2.6:1 in District 4 (Wheaton)
o Force incidents of people of color (Black and Latino) in District 3 was 4:1
o 118 Force incidents, or 28%, were on mental health conditions subjects
o MCPD made 17,682 arrests and force was used in 451 incidents. This represents force
o Arrests of people of color (Black and Latino) had a ratio of 5:1 compared to Whites in
District 3 (Silver Springs) and 2.7:1 in District 4 (Wheaton)
o Countywide force incidents of people of color (Black and Latino) had a ratio of 2.5:1
o Force incidents of people of color (Black and Latino) had a ratio of 5:1, 1.4:1 in District 4
(Wheaton) and 2.5:1 in District 6 (Gaithersburg)
4
Our initial observations on the MCPD’s reporting on annual use of force are based on available, self-
reported MCPD information. While powerful, some of these observations may be of limited utility without
further assessment of additional data, such as residency in Montgomery County, MD, as well as other factors
relevant to the Department’s reporting on use of force incidents. The annual report for 2020 was published
and released by Media on May 10, 2021.
JUNE 30, 2021 11

o MCPD made 20,041 arrests and force was used in 523 incidents. This represents force
o Arrests of people of color (Black and Latino) had a countywide ratio of 2.5:1 compared to
Whites
o Force incidents of people of color (Black and Latino) had a countywide ratio of approx. 3:1
compared to Whites.5
o MCPD concluded, “In 2016, 85 percent of the defendants involved in use of force incidents
were African American and Caucasian”. While this may be true, the report needs to be
more granular to depict a truer picture of potential racial disparity.
o MCPD made 19,334 arrests and force was used in 523 incidents (same number as 2016);
This represents 2.7% of arrests.
o Force incidents of people of color (Black and Latino) had a countywide ratio of 2.3:1
o Districts 3 and 4 had the highest rates of use of force
o The second highest incidents of use of force occurred while officers were serving
Emergency Evaluation Petitions (EEP), 92 incidents representing 17% of all uses of force
o MCPD has issued approximately 1,000 Body Worn Camera (BWC) to officers
o MCPD made 18,592 arrests with 542 incidents of force; this represents 2.9% of arrests
o Force incidents of people of color (Black and Latino) were approximately 3:1 when
compared to Whites countywide
o Districts 3 and 4 continue to record the highest number of use of force incidents
o Serving Emergency Evaluation Petitions ranks second, behind general arrests, for use of
force incidents
o Electronic Control Devices (ECDs) were used 45 times in use of force incidents. 24 of
these occurred in Districts 3 and 4, and represent 53% of total ECD deployments
5
MCPD made a slight change in reporting ethnicity by District this year. The graph requires the reader to
estimate the exact number of force incidents by ethnicity per District.
JUNE 30, 2021 12

o MCPD made 16,536 arrests with 553 incidents of force; this represents 3.3% of arrests
o Force incidents of people of color (Black and Latino) were 3.7:1 when compared to Whites
o Districts 3 and 4 by far had the most use of force incidents, 57% (or 316/553)
o ECWs were used 37 times. 24 occurred in Districts 3 and 4, and represent 64% of the
total ECD deployments
USE OF FORCE & INTERNAL AFFAIRS INCIDENT REVIEW
A review was conducted of randomly selected use of force incidents representing a cross section
of all types of force used by MCPD during the years of 2017, 2018, 2019 and 2020. Two site
visits were conducted in conjunction with this review. The first site visit was done during the week
of April 12th, 2021. The second site visit occurred during the week of May 10th, 2021.
The Command Staff was very accommodating and helpful in assuring that ELE4A had all the
information and documents required to conduct our review. MCPD provided ELE4A with a list of
use of force incidents. From this list, a sample of cases was selected for the review. The random
selection included force such as: OC (Oleoresin Capsicum) Spray, commonly known as ‘pepper
spray’, K-9 bites, strikes, take-downs, weapons (handguns/rifles), ASP (Armament Systems and
Procedures), commonly known as ‘batons’ and ECDs (Electronic Control Devices-Tasers, and also
referenced as ECWs).
A total of 60 incidents were selected plus 8 completed formal internal affairs investigations. The
review particularly targets MCPD internal process for assigning, investigating and reviewing all
force incidents occurring by MCPD officers. Additionally, ELE4A considered bias in MCPD
investigatory and complaint intake processes.
OBSERVATIONS: MCPD USE OF FORCE INCIDENT REVIEW
MCPD Force investigations are not all investigated or sent to IAD. Cases are reviewed at the
District level. However, MCPD reports that no use of force investigation is completed at the
District. Districts review force incidents and make determinations whether to send to IAD. This
could be problematic. In most instances, other than OIS (Officer-Involved Shooting)6, MCPD relies
on a District level review to determine if the force incident requires a Formal Investigation (FI) by
6
There is a Use of Force Committee that reviews all of these incidents.
JUNE 30, 2021 13

the Internal Affairs unit. This method of review may allow for inconsistencies among varying
Districts in achieving a comprehensive and thorough force investigation.
In many cases, MCPD conducts reviews of force incidents, not investigations. Investigations
consist of, at a minimum, obtaining force statements for all involved officers and witness officers,
non-police witnesses, reviewing all videos (body worn cameras and dash cameras) of all involved
and witness officers, photos of both officer and subjects of force injuries, a review of the involved
officer’s equipment and a tactical assessment to determine whether the officers’ action comports
with policy and training. A finding should be rendered as to whether each use of force was
justified and whether any organizational policies and directives were violated.
The department reports MCPD reviews all use of force incidents. Only those that potentially rise to
the level of a policy violation or criminal act are investigated administratively and/or criminally.
MCPD has forwarded cases to the SAO for review for criminal prosecution. During the review, in
some noted instances, there were multiple types of use of force. Sometimes, the lower levels of
force did not appear to be addressed.
ELEFA observed the following use of force and policy violations in our review of BWCs:
o Pointing of firearms
o Takedowns
o Subjects of force complaints of injury/pain
o OC spray
o Strikes
o Tactical vehicle Stop
o Officer demeanor (excessive cursing)
o Officers’ failure to give warning before ECD deployment
o Damage to property
o Improper use of the K97
o Complaints from subjects of force of possible excessive force
7
K-9 bites are not investigated by Internal Affairs but rather are handled like other uses of force. The K-9-unit
Commander is responsible for assuring a thorough investigation will is conducted.
JUNE 30, 2021 14

USE OF FORCE LEVELS. MCPD does not define levels of force or provide guidance to the
investigating force officials on circumstances when to elevate less serious uses of force to Internal
Affairs or a Force Team to initiate a formal investigation. In absence of a standard, it may be
possible for one District, after reviewing an involved officer’s BWC, to sign off on a serious use of
force while another District may opt to send it to IA for a Formal Investigation.
Here are some examples of standardized levels of force reporting and review:
o Level 1- Pointing of a firearm, Hand control/Escort techniques, Takedown not resulting in

injuries, use of impact weapons for non-striking purposes
o Level 2 – ECD deployments (3 cycles or less); OC deployment (1-2 second burst)
o Level 3- Any strikes, Destruction of an animal
o Level 4- Lethal Force, critical firearm discharges, any force resulting in serious injury or
requiring hospitalization, K-9 bites, multiple simultaneous ECD deployments, ECD
deployments exceeding 15 seconds or longer, any strike or blows to a handcuffed person
and vehicle pursuits resulting in death or injuries
Levels 1 and 2 are considered less serious uses of force, and may be investigated by District level
supervisors. Levels 3 and 4 could automatically require an Internal Affairs (or Force Investigation
Team – FIT) response to the scene and assumption of the force investigation. In general,
developing this form of standardized approach could eliminate any ambiguity in MCPD assigning
responsibility for force investigations. The new Maryland Law may require that investigations be
led by the Maryland Attorney General’s Office. This has yet to be codified, however, and review of
any new state law or County provisions may be needed to determine a path forward on developing
a centralized FIT team with MCPD.
MANAGEMENT. MCPD has a data management system (IAPro) that is capable of managing all
use of force investigations, however it is under-utilized.
MCPD does not issue BWCs to SAT (Special Assignment Teams).8 These officers work on the
front line and often engage with the public. When force is used, no video is available to provide
Departmental for review when warranted. Further, officers working off duty employment are not
required to wear a BWC. Officers are working Departmental sanctioned off duty employment while
in full duty uniforms, engaging the public, using force and no video to aid in a use of force
investigation.
8
MCPD should consider including SAT on the list of positions required to use BWC.
JUNE 30, 2021 15

Officers’ narrative and a review of videos may suffice in some force incidents to determine policy
and/or excessive force, but in absence of a video, MCPD has only the officers’ and the subject of
force statements (if a statement is given) of what transpired.
MCPD should consider initiating a process for conducting an internal random audit of videos so as
to get ahead of and identify any possible training issues. The random auditing can also provide
an internal mechanism that can potentially provide guidance to supervisors on how to conduct
their video reviews and assessments.
OBSERVATIONS: INTERNAL AFFAIRS FORMAL INVESTIGATIONS
The MCPD Internal Affairs Division is responsible to investigating complaints of misconduct. Line
level supervisors have the authority to investigate minor complaints and to forward
recommendations through the chain of command. IAD tracks all complaints via IA Pro. The IAD
acts only as the fact-finding element of the disciplinary process, and disposition is determined by
the command staff of the agency. Emphasis is placed on thorough investigations that are
performed by a full-time dedicated function consisting of a Captain, Lieutenant, six sergeants, and
a county attorney.
This review also includes an assessment of the internal and external complaint process, including
allegations or complaints of racial bias related to the Department, with attention to the response
and investigation of such concerns. ELE4A requested a list of Internal Affairs investigations for the
years of 2018, 2019, and 2020.9 MCPD provided a spreadsheet with all cases for the years
requested. In 2018, there were 19 internal investigations, 2019 there were 19 internal
investigations and 2020 there were 15 investigations, for a total of 53 investigations over the
three-year period.
ELE4A selected a sample of two internal investigations for each of the three years, totaling 6
investigations. MCPD informed us that our selection included open investigation in 2020. Once it
was determined which investigations were closed for 2020, a random selection of two was made.
During our on-site visits, we discovered that some of the random selected of District investigations
(2) were actually elevated to Internal Affairs for a more in-depth investigation. This increased the
number of Internal investigations reviewed by ELE4A to eight.
9
Sustained cases are kept on file for 5 years after separation from the department. There is no “finding” of
not sustained in MCPD directives.
JUNE 30, 2021 16

MCPD has logged 18 formal bias complaints for years 2018, 2019 and 2020. There is no
distinguishable difference in the intake process for citizen bias complaints as compared to the
intake of other complaints resulting in formal investigations by IA. However, the 18 formal
investigations represent ONLY those complaints of bias allegations that were successfully
validated through the investigatory process. If during the investigation, Internal Affairs does not
find an allegation of bias, but rather determines some other misconduct, the allegation of bias is
changed to reflect this particular finding. This is problematic in that the data is possibly distorted,
inaccurate for reporting purposes and tracking. Rule 26 requires an inquiry and for all the
information to be documented and forwarded to Internal Affairs Division.
Further, the MCPD should fully pursue thorough investigations on anonymous complaints. For
example, a complaint of poor service was administratively closed by Internal Affairs due to the
investigator not able to contact the complainant. Several attempts were made without any
success. The unintended message this sends to the community is that you may not file an
anonymous complaint or if you do, it may not get a priority. The case was closed because the
complainant could not be reached or just chose not to respond to the investigator. This case
should be investigated to its natural end, and include attempts to review other potentially
available evidence.
Another concern is that MCPD has no Early Warning & Intervention System (EIS) in place. For
example, if the IAD director only may rely on memory to initiate an inquiry once an employee
reaches the 3-complaints-per year threshold, this is clearly a “single-point-of-failure” system. An
EIS system would provide a more reliable flagging system.
Generally, the Internal Affairs administrative investigations were complete and contained all the
information within the investigative case file to support a finding. (i.e., BWC video, Mobil in-car
camera videos, interviews of witnesses, interviews of involved and witness officers, physical
evidence, scientific evidence, response letters to complainants are timely. The investigative files
were indexed, which made it easy to refer to specific events within the investigation. However,
Internal Affairs is recognized as a standardizing unit within a Department that eliminates potential
disparity between districts.
MCPD criminal and internal investigations should be conducted as parallel investigations.10 For
example, in one of the shooting investigations, the involved officer was administratively
interviewed close to one year after the incident. In addition, The IIRP (Internal Investigative Review
Panel) should broaden their role when convening on force matters. The IIRP should determine if
10
New Maryland State Law will change processes for investigating officer-involved shootings effective
October 1, 2021.
JUNE 30, 2021 17

force incidents raise policy, training, equipment or tactical concerns, and record outcomes. For
example, IIRP minutes show that a discussion occurred whereas the IIRP members discussed the
“slow activation of BWC by officers”, yet nothing was entered into the record that address how the
Department should go about correcting this problem.
RECOMMENDATIONS: USE OF FORCE & INTERNAL AFFAIRS
1) Determine a single repository for use of force and IA incidents.

2) All use of force incidents should be investigated
3) Expand the role of IA to include investigating criminal misconduct of officers instead of
assigning this to investigators in ISB (Investigative Services Bureau)
4) Develop a Force Investigation Team (FIT) within Internal Affairs to conduct serious uses of
force investigations and review
5) Develop system to conduct criminal and internal investigations as parallel investigations
6) Revise MCPD use of deadly force investigation policies and protocols to require a prompt,
separate, parallel administrative investigation of each officer-involved shooting, and require
the preparation of a report documenting investigative findings11
7) Identify and define what a serious use of force is
8) Allow the Districts to review only those less serious uses of force
9) The Internal Investigative Review Panel should broaden their role when convening on force
matters, and determine if force incidents raise policy, training, equipment or tactical
concerns, and record outcomes
10) Define a Departmental standard on what is expected to be included when conducting district
level force investigations
11) Administrative intake should be required to be recorded
12) Provide training to District supervisors in force investigations and hold them accountable for
evaluating their officers’ videos with a critical eye
13) Initiate an internal auditing protocol for BWC and other force related videos
14) Consider issuing BWCs to SAT (Special Assignment Teams)
15) Consider if officers working off duty employment should be required to wear BWC for certain
assignments
16) Implement an Early Warning & Intervention System for MCPD employees
11
New Maryland State Law will change processes for investigating officer-involved shootings effective
October 1, 2021.
JUNE 30, 2021 18

III. MENTAL HEALTH RESPONSE
Section III provides an initial set of observations and preliminary recommendations regarding the
Montgomery County Police Department’s (MCPD) services related to police calls involving a
mental health component. To conduct the initial review, MCPD data, policies, training, and
practices of the Crisis Intervention Team (CIT) program, and county crisis response system for
people living with behavioral health conditions who encounter the criminal justice system were
evaluated. This report provides an initial set of observations and preliminary recommendations
regarding the Montgomery County Police Department (MCPD):
o Crisis Intervention Team (CIT training and program)

o MCPD policy addressing crisis response
o MCPD’s dedicated CRSS (Crisis Response and Support Services) team
o County Ecosystem, which is crucial for a successful, integrated holistic response system
o Overall opportunities and recommendations regarding justice and behavioral health
program initiatives to strengthen 21st century policing practices
MCPD CRISIS RESPONSE POLICY
The Montgomery County Police Department policy comes from Directive: FC921- “Emergency
Evaluation of Mentally Disordered Individual”, which was reviewed. This directive was published
on 6/10/2005, with just over one page dedicated to CIT/alternative response; the remaining 6-
pages are dedicated to involuntary commitment petitions. The directive uses outdated language,
and includes processes that no longer exist. For example, the directive requires the completion of
a CIT report, which according to MCPD, zero have been completed in the last two years. In
addition, the directive requires prioritizing a CIT officer to respond to calls for service (CFS)
involving a mental or behavioral health condition. The office of emergency communications does
not have a roster of CIT officers to prioritize dispatch.
In addition, the review included the: OLO Public Safety Responses to Mental Health Situations
Report and Reimaging Public Safety Task Force Report. Interviews were also conducted to better
understand the current role, function, and gaps as part of a holistic ecosystem supporting 21st
century response to individuals in crisis.
JUNE 30, 2021 19

BEHAVIORAL HEALTH CRISIS RESPONSE
The section highlights some of the important reasons to strengthen strategies to address
improving interactions between the MCPD, law enforcement officers and people living with severe
mental/behavioral health conditions.12
“Approximately one in four fatal encounters involve an individual with severe mental illness
[health conditions], according to the 2015 report, Overlooked in the Undercounted. This means that
people with mental health conditions are 16 times more likely to be shot and killed by police,
compared to people without mental health conditions. In addition, “reducing the disproportionate
volume of contacts between law enforcement and people with severe mental illness [health
conditions] is the single most immediate, practical strategy to reduce fatal police encounters for
these individuals. Furthermore, there is currently no national government database collecting
information regarding arrest-related deaths, let alone the role of mental illness [health conditions]
or race disparities in these encounters”.
“21% of officers time may be on mental illness [health conditions]: The role of law enforcement
in mental and behavioral health crisis response is an enormous portion of Department resources
and budgets. Responding to and transporting these individuals can occupy more than one-fifth of
law enforcement officers’ time, according to a 2019 report, Road Runners. This outsized role is a
result of the overrepresentation of people with mental and behavioral health conditions within the
criminal justice system, the length of time crisis service calls take, the long distances law
enforcement must travel to find available mental health resources and the time officers must wait
while transporting individuals in crisis to an emergency Department”.
Bias needs to extend beyond traditional understanding, to include response to people in

mental/behavioral health crisis. Bias in police departments has gained national attention,
rightfully. For example, a correlation can be drawn between African Americans, who are often
viewed with their lives more “expendable” (typically compared to white people). African American
men are often viewed as “more dangerous/violent”, which -taken together- too often ends with
black men being killed by law enforcement at a far higher rate than white and other minorities, by
comparison. People living with serious mental health conditions are often viewed as “less than”,
“crazy”, and or more violent and with their lives more “expendable”, which -taken together- too
often results in people with mental health conditions being killed by law enforcement at a much
12
https://www.treatmentadvocacycenter.org/fixing-the-system/features-and-news/4275-research-weekly-
law-enforcement-smi-crisis
JUNE 30, 2021 20

higher rate than others. The Intersectionality of these identities can magnify the failures of
inadequate crisis response, especially for a community as diverse as Montgomery County.
MCPD CIT PROGRAM
CIT training in Montgomery County started in 2000 after a fatal shooting of a person with a
mental health (MH) condition. Training began as the Memphis Model (voluntary/specialized only).
Under this voluntary model, non-CIT officers received the 8-hour Mental Health First Aid (MHFA) in
academy.
CIT CERTIFICATION. Presently, reportedly 66% of patrol officers are CIT certified, however, the
MCPD was unable to determine if this reflects current ratios, or ratios since CIT started in 2000,
as they report using a relatively antiquated training system (Telestaff) that requires officers to
self-report training completion rates. The MCPD CIT training completion data identified: 73%
SGT/70%LT/50% CPT/64% FTO’s/66% as patrol CIT trained. Again, it is unclear if this reflects
the current Department numbers. It would be useful to know the percentage of the current CIT
force, trained by year. These numbers would tell us how “outdated” the Department training is,
without any real refresher, advanced, specialized training/response.
MCPD CIT TRAINING. MCPD has moved away from the voluntary Memphis model, instead
making it mandatory for all new recruits to attend post field training. There are still some officers
from the Department that attend voluntarily, but this makes up a small number and includes
community members, other municipalities etc. Most training participants are new officers.
There are four CIT trainings offered per year, with the Chief of Police opening the trainings. This is
commendable and it signifies support from the Department’s leadership. Nevertheless, the
Department and the community would benefit from increasing these course offerings to include
other relevant entities including EMS, telecommunications, crisis center, jail diversion and
specialty court staff, and when appropriate observation by families and people with lived
experience.
Presently, the 8-hour MHFA is delivered in academy and the 40-hour CIT post field training. This
is a good model, but it must require an annual refresher, advanced level training and a “bumped
up” specialized voluntary cadre of officers (and typically a behavioral health unit). Under a
specialized, voluntary model, there would be a CIT application process, which includes
consideration of disciplinary history, performance history, recommendation from a supervisor,
and a good understanding of why the officer is interested in being a part of a specialized unit.
Typically, there would also be a process of “removal” of CIT status if performance were not
sufficient to remain specialized.
The CIT coordinator does helps to teach MHFA and CIT, but not annual in-service on relevant
topics like de-escalation, mental health etc. Including instruction in ongoing annual in-service
training is a good way to integrate the CIT program into all levels of training, and moves away
from a common experience of seeing CIT as an isolated training program. Additionally, all
Sergeants and Field Training Officers should be CIT certified, and MCPD can put in its policy that
JUNE 30, 2021 21

all newly promoted officers (at all levels) be certified as part of the requirement for promotion.
This builds buy-in for the program and an understanding of the tactics taught, which supports the
need to often take more time on these calls.
“SPECIALIZED” PROGRAM. The current MCPD specialized program is made up of two full-time
officers and one clinician (LCSW). There is no Sergeant assigned to CRSS, these personnel report
to a Lieutenant, who has other responsibilities in addition. Due to turnover, this position was
vacant at the time of this report.
The primary role of CRSS is 50% dedicated to training (MHFA, CIT) and 50% dedicated to follow
up on referrals called in from their fellow patrol officers. Presently, there is no specialized “real-
time” response to CFS involving persons in behavioral health crisis. It is recommended to build
out a specialized behavioral health unit within the MCPD and consider a traditional co-response
model as a part of that Unit. The crisis centers Mobile Crisis Outreach Team (MCOT) which will be
increasing from one to five teams, can play a crucial role in this ecosystem, but presently, they
are typically requested by families calling their crisis line, and after on scene, wait for law
enforcement to respond before engaging with the caller. This is an inefficient model that should
be re-evaluated as part of a broader crisis response system.
Alternative uniforms and vehicles should be considered for any specialized unit. Stigma is
exacerbated when marked police vehicles and regular police uniforms show up on scenes where
someone is calling for help due to a mental health crisis. Not only are people embarrassed to
have a police cruiser in front of their homes, but uniformed police can also escalate a situation
with someone in behavioral health crisis. A “softer” approach through non-traditional uniforms
and vehicles is a good approach to consider.
ASSESSMENT OF CRISIS INTERVENTION (CIT)
It is commendable that MCPD recognizes the value of the training and skills necessary for
response to people in crisis. Mental Health First Aid (MHFA) for all officers is a solid foundational
component endorsed not only by the IACP One Mind Campaign but it is also a good overall
educational tool to orient officers to signs and symptoms of mental health conditions, and
responses that are often different from traditional police training. The training matrix is consistent
with CIT training in other areas of the country. CIT International recommends a general training
matrix of topics to be covered, including scenario-based training and a family and peer panel to
share their experience living with or affected by mental health conditions.
The new mandatory requirement of offering CIT post field training to all officers is a good
addition. As stated previously, annual refresher training, advanced CIT training (youth, veterans
etc.) and a specialized behavioral health unit are strongly encouraged.
The community crisis center provides a 24/7/365 services, which includes law enforcement drop
off. This type of drop off crisis center is essential for law enforcement to divert from the criminal
justice system, providing the community with somewhere to take individuals rather than jail and
hospital emergency rooms. However, the crisis center presently has only two crisis beds (was 4
JUNE 30, 2021 22

pre-COVID-19). This is vastly insufficient, and law enforcement utilization is limited due to
behavioral requirements for admission. In addition, neither MCPD nor the crisis center is tracking
actual utilization, so no one can report how frequently officers drop people off. MCPD officers
stated that they often drop people off at the jail on low-level charges just to get them screened by
the post booking clinicians. This is a major gap that needs to be addressed at the eco-system
level. However, a 24/7/365 crisis center is still a critical component of a successful CIT and
diversion and deflection program.
RECOMMENDATIONS: STRENGTHEN THE CIT PROGRAM
Recommendations will be broken down into five areas: Community advisory steering committee;
CIT policies; CIT training, CIT Data and CIT operations. Subsequently, the MCPD CIT policy
should be updated to reflect and establish a more developed overall strategy.
CIT MENTAL HEALTH ADVISORY COMMITTEE
The auditor had the opportunity to meet with several members of the Mental Health Advisory
Committee. These were informed professionals with a clear understanding of system issues and
gaps. It also included two parents of adults living with severe mental health conditions, with
experience in calling law enforcement. It is a robust, integrated, multi-disciplinary steering
committee. However, they meet quarterly, and express concern that key entities do not openly
share data across systems, are operating in silos, and have a very disjointed community approach
to crisis response. The auditor has the same observations, and addressing this is a requirement
for any successful, non-siloed delivery of alternative response programs. It is commendable that
this kind of steering committee is already in place and has experience to inform a better
functioning system approach.
It is unclear whether the advisory committee included enough “on the ground” expertise along
with high enough rank/executive leadership to make and implement decisions. It is important that
“on the ground” staff/officers are present to share system gaps and recommendations, but also
maintain high enough rank/executive leadership present to be able to advocate and implement
change. The advisory group should be small enough to encourage rich dialogue and data sharing,
but large enough to include at least one committed designee from each key stakeholder entity.
Many states and communities have both a County and State Steering Committee, with the county
steering committee made up of local entities like the crisis center, jail, court, MCPD, EMS, and
emergency communication, and a State steering committee made up of a designee from each
participating county across the state. This recommendation should be given priority
consideration, in addition to a funded CIT coordinator position that spans the county (this can
often be achieved by pooled resources and hired not through one specific law enforcement
organization—which can sometimes cause territorial issues).
JUNE 30, 2021 23

17) Restructure the Mental Health Advisory Committee to provide sufficient “on the ground”
expertise as well as senior rank and executive leadership to provide practical and informed
guidance and to ensure recommendations are implemented
18) Establish both a County and State Steering Committee, with the county steering committee
made up of local entities like crisis center, jail, court, MCPD, EMS, emergency communication
etc. and a State steering committee made up of a designee from each participating county
across the state, in addition to a funded CIT coordinator position that spans the county
19) Include key community partners, advisory committee members and people with lived
experience in the policy review and revision process to ensure consistency across
organizations.
CIT POLICIES
The CIT policy was developed in 2005. Overall, the policy should be strengthened.
It is recommended that key community partners, advisory committee members and people with
lived experience be included in the policy review and revision process to ensure consistency
across organizations and that identified best practices, such as including person-first language, is
being utilized. This is another place the mental health advisory committee can be utilized. After
consideration of comments and suggestions, final decision-making and enactment will be given to
MCPD, reflective of the needs of the Department. The Crisis response related policies should be
reviewed annually, with stakeholder input. The review does not mean policy changes need to be
made annually, but it does help ensure they are still aligned with training, operations, and
ongoing development of alternative response programs. With rapidly changing position additions
in Montgomery County (social worker embedded in EMS and telecommunications, MCOT teams)
MCPD should consider deferring revisions to the policy until a better understanding is developed
on role integration and required protocol.
20) Ensure revised crisis intervention related policies integrate well with other Department
policies, as well as telecommunicator policies and Fire/EMS policies
21) Ensure crisis intervention related policies are reviewed annually, with stakeholder input
22) Suspend revisions to the existing MCPD CIT policy until a better understanding is developed
on role integration and required protocols
CIT TRAINING
The MCPD now mandates CIT training post academy. This gives new officers time to gain street
experience, which is useful to apply to the training. Because people with mental health conditions
are 16 times more likely to be killed by law enforcement, making up 25% of all fatal law
enforcement interactions, increasingly, Departments around the country are moving to a
mandated rather than voluntary model, as MCPD has done. Presently, the CIT coordinator does
not have any role in the curriculum development, or training of mental health and de-escalation
topics in recruit orientation or in-service. This should be reconsidered for full integration and
consistency across the Department.
JUNE 30, 2021 24

It is imperative that annual refresher training be added to training requirements for all police
officers to refresh skills. Many MCPD officers were trained in CIT years ago, without having had
refresher training since. A robust CIT program should include refresher training (annually, or at a
minimum of every 2-3 years), as well as advanced training (focused on youth, veterans etc.) to
increase and strengthen knowledge.
The embedded social worker in MCPD is presently revamping online refresher training, which will
be required annually. This is a significant step in the right direction. While in person, scenario-
based training is far better, it could be mandated every three years. This would then allow all
officers to receive 40-hour CIT post field training, an annual online refresher and an in-person
refresher with scenario-based training every three years. This, in combination with a voluntary
behavioral health unit and voluntary specialized CIT officers, who are receiving advanced level
training, would be a dramatic improvement, bringing the Department in line with 21st century
policing.
In addition, many communities have CIT training for telecommunications. This is a critical
component of a robust program, since they are the individuals identifying the calls in the first
contact and gathering the critical information necessary for officer (or alternative) response.
Telecommunications could either begin to attend the consistently offered CIT training, or develop
a telecommunication specific CIT training, as many cities have done. As a result of CIT program
deficiencies, there is presently not a clear and consistent County- or department- wide
understanding of the overall functioning of the CIT program.
A robust CIT program involves chain of command leadership and recognizes CIT certified officers
who are doing outstanding work in the field. Having chain of command leadership (Captain and
above) speak at the beginning of CIT classes helps to demonstrate support and commitment to
the program, set expectations, and ensure officers will give utmost attention to presenters (not be
on phones/computers/leave the room etc.). This is less of an issue when provided in academy or
immediately post field training, but critically important for more seasoned officers.
It is highly recommended in a mandated model that there is a “bumped up” specialized team of
voluntary CIT certified officers who receive advanced training and can respond to higher level calls
for service involving a mental health component. It is generally recommended that 20-25% of
patrol is certified, and efforts are made to have CIT officer availability across districts and patrol
shifts. Voluntary CIT officers wear CIT pins on their lapels and would be prioritized to respond to
calls for service involving a person in crisis.
This voluntary cadre of officers often make up a specialized unit and are central to expansion
efforts including Mobile Crisis Response Teams, follow up teams, high frequency utilizer
interactions, homeless outreach etc. (see Portland PD, Houston PD, LAPD, San Diego models).
Officers who have “voluntary” interest in becoming specialized CIT certified officers typically
complete an application, and have their disciplinary history reviewed. The CIT coordinator would
consult with the applicant’s supervisor on whether their skill set would be conducive to
responding to people in crisis etc.
JUNE 30, 2021 25

All scenario evaluations should include not just the officer’s response, but also how it affects the
public. Unfortunately, law enforcement around the country needs to work hard to change the
narrative of being seen largely as threatening, to being integrated into the community, supporting,
and protecting whenever possible. In a mental health crisis, slowing things down, using distance,
cover, body language and softer interpersonal communication buys time to de-escalate and gain
additional resources as needed.
MCPD should consider mandating CIT experience for all Sergeants, FTO’s and any newly
promoted Commanders, which, even with attrition and promotion, will build capacity and a
culture of understanding the importance of the program. It is unclear how many Field Training
Officers (FTOs) are CIT certified. Mandating FTO certification should be considered as new
officers coming into the field can be unduly influenced by FTO’s who do not have the training or
context of a CIT program.
NOTE: Many Departments across the country spend a significant amount of new officer
orientation and annual in-service training on proper use of force, tiered levels of force and
custodial escort techniques. While this is critically important training, it is often at the expense of
equal or greater amount of training on a range of de-escalation practices and tactics, such as-tone
of voice, physical stance, using time as tactic, use of physical barriers, in other words, distance,
cover, time, tone, stance and verbal/non-verbal communication strategies. These are measurable
tactics that should be integrated into scenario-based training at all levels, reinforced, audited,
evaluated, and included in policy, training, and operational compliance. When only about 4% of
police CFS end in force, spending time on de-escalation and communication skills is at least
equally important to proper use of force training.
23) Include refresher training (annually, or at a minimum of every 2-3 years), as well as advanced
training to increase and strengthen knowledge for a more robust CIT program
24) Require telecommunications to either begin to attend the consistently offered CIT training, or
develop a telecommunication specific CIT training
25) Consider mandating CIT experience for all Sergeants, FTO’s and any newly promoted
Commanders, which with attrition and promotion, will build capacity and a culture of
understanding the importance of the CIT program
CIT DATA COLLECTION
It is imperative that data collection and analysis is coordinated at all levels, including partnering
organizations to inform program assessment and strategic planning/alignment, while also
reducing silos. Data reporting should be shared with the advisory steering committee regularly
and used to inform system gaps and needs. One of the biggest areas of concern in Montgomery
County is data collection insufficiency. Our recommended data collection includes the following
suggestions.
A main data collection need is for establishing a call code system that accounts for primary and
secondary call codes that best capture overall calls for service (CFS) that involve a mental health
component. Presently, while there are categories to include “Mental Health”, “Mental Health
JUNE 30, 2021 26

Transport”, and “Suicide/Attempted Suicide”, there has not been a strategy for identifying a way
to uniformly track incoming calls that involve a mental health component. While this will not
always be perfect, since many calls have overlapping characteristics, there should be a
designation that triggers an automated set of triage questions at call intake. For example, a
series of triage questions could pop up on the screen to identify important information for officers
responding and would indicate to dispatch that a CIT officer should be prioritized whenever
possible.
MCPD was unaware that a secondary call code at disposition could even be used. Consequently,
mental health CFS are vastly underrepresented. Some communities have a designation (ex: alpha
character z) that is added to any call with a mental health component, regardless of how it was
dispatched. For instance, if an officer is dispatched to a domestic call, but once on scene, it
clearly involved a mental health component, the call can be closed out adding the alpha character
z to the formal call code. Presently, given this example, the call would only be tracked by the
primary call code (Domestic).
Calls that are closed out as calls involving a mental health component should require a CIT report
be completed. A CIT report should include such information as name, address, mental health
condition (if given by the person themselves or a family member on scene); characteristics
indicating a mental health condition (talking to themselves or others, hearing things that you do
not hear, rapid speech, depressive characteristics, odd behavior etc.); whether or not a weapon
was involved, and if so, what type (knife, other object, gun etc.); use of force and type by officers;
disposition of the call, including: resolved in community, referred to community based services;
transport to services (voluntary or involuntary); arrest (County ordinance, misdemeanor, felony),
type of charge, jail bed days, and information related to any referral to the alternative response
team.
These CIT data and reports should be routed through the CIT coordinator and his/her team to
track trends on these calls, including high frequency utilizers that can be referred to additional
alternative response. Additionally, other useful data collection for MCPD, for example, could
include overall calls for service, of those, number of calls for service involving a mental health
component (ex: alpha character z), of those, how many were responded to by a CIT certified
officer (primary or assist), of those, disposition, percent of calls for service that involve a mental
health component, overall and by district/shifts, time from arrival on scene to close out of call
(this is good to monitor distinctions -if any- for CIT calls vs. non-CIT calls), and percent use of
force and types for CIT and non-CIT officers.
Further, the MCOT from the crisis center are currently not tracking time a request for response
came in, time if takes to arrive on scene time, time it takes for MCPD to responds and arrive on
scene, or time to clear a call. These are all critically important data sets that should be collected
and reviewed regularly. In addition, the crisis center is not tracking law enforcement drop
offs/utilization, and MCPD is not tracking when LEO’s are dropping off at hospitals, crisis center,
or jail, etc.
JUNE 30, 2021 27

Recordkeeping can also be improved. Currently, Electronic Health Records (EHR’s) are different
for the county and the state (EPIC/NextGen). This presents barriers for county versus state
employees to access critically important clinical treatment records before and after arrival on
scene. In Montgomery County, the social worker embedded in EMS is a state employee, and the
social worker embedded in the MCPD is a county employee. They do not have access to the same
EHR, which would be useful on these calls involving a person in crisis. This could be solved by
developing an MOU with EMS (county), or moving the position out of DHHS and under the
umbrella of EMS.
26) Establish a call code system that accounts for primary and secondary call codes that best
capture overall calls for service (CFS) that involve a mental health component
27) Require a CIT report be completed for calls that are closed out as calls involving a mental
health component
28) Ensure the Mobile Crisis Outreach Team (MCOT) from the crisis center track time a request
for response came in, on scene time, time an MCPD officer responds, and time to clear a call;
track law enforcement drop offs/utilization, and ensure MCPD tracks when LEO’s are
dropping off at hospitals, crisis center, or jail
CIT OPERATIONS
While “Crisis Response and Support” is listed under Special Operations on the MCPD website,
there is no description of what that is. This may be an indication of both how CIT and any
specialized response to people in crisis may be viewed by the Department, and the somewhat
disjointedness of the program itself. To be effective, a specialized unit must have access to chain
of command, and proactively invited to the table to share data and make recommendations. If it
is not given priority with chain of command, stagnation occurs. Once CIT becomes a more deeply
embedded and robust program, as intended, it should be identified on the website like any other
specialized response, and consideration should be given to including additional programming like
alternative response that the MCPD intersects with.
Currently, there is no standardized roster of CIT certified officers on patrol, which district/shift
they are on, ensuring it is accurately coded and updated daily for telecommunications so that the
nearest available CIT officer can be dispatched. Presently telecommunications have to ask “over
the air” if a CIT officer is available, and they only do that if a family member specifically requests
one. Essentially, CIT officer response in the way it should be is non-existent.
The community should be educated on CIT and on how to request a certified CIT officer. They
should be able to identify the officer by the CIT pin they wear on their uniform. There are many
opportunities to educate the community, however a more cohesive CIT program needs to be
developed before extensive community education.
There is no requirement for Sergeants to audit BWC after each shift, including those that were
identified as having a mental health component. This is important not only for overall
accountability and coaching, but also to assess CIT skills utilized, and resources accessed. It is
also one of the reasons Sergeants should be trained in CIT.
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The required response to resistance, use of force documentation and BWC review does not include
a tangible assessment of “de-escalation” strategies implemented. As indicated previously in this
report, measuring whether time, distance, cover, tone, stance, asking open ended questions
versus commands, calling for specialized units etc. are important to evaluate. These are tangible
ways to assess use of de-escalation strategies, which reinforces to officers what the Department
means when they are prioritizing “de-escalation”. Otherwise, the word becomes diluted, and the
response is often seen as a “check box”.
It is important to note that Montgomery County has a plan in place to build a “restoration center”
modeled after San Antonio’s which will include 20 detox/sobering beds and 20 crisis stabilization
beds. While it is estimated to be (3) years out from operational, this will be a critically important
addition to the county’s crisis response. There needs to be an operational assessment of the
County’s existing 24/7/365 crisis center. It must be easily accessed, and conducive to law
enforcement (without long wait times, extensive paperwork, or exclusions as to who can be taken
to the crisis center), otherwise, efforts for diversion will be deterred. If it is easier to book
someone into the jail than to divert to treatment, officers will often choose arrest. A robust
24/7/365 drop off center for law enforcement officers (that typically can also be accessed by
individuals and families themselves) is essential and should be funded and supported.
29) Educate community on CIT and on how to request a certified CIT officer
30) Conduct an operational assessment of the County’s 24/7/365 crisis center
RECOMMENDATIONS: ALTERNATIVE RESPONSE
Montgomery County may decide to develop a more robust, integrated crisis response system (co-
responder model, behavioral health unit, mobile crisis outreach, and or community facing social
worker embedded in telecommunications to divert non-emergency call involving a mental health
component). A clear line of supervisory chain of command in these cross-discipline programs is
essential for the clinicians. A data analyst should be considered, either internal, or externally
contracted- typically with a local University. The following recommendations should also be
considered.
The County should establish clear criteria for telecommunications to identify and dispatch these
calls, and ensure there are regular, robust, ongoing trainings (including call code designation,
triage questions, and CIT training). A coordinated effort between the CIT coordinator and
telecommunications to cross train on CIT efforts should also be encouraged. Both need to have
thorough awareness of the program, and why it is critically important to have a streamlined
approach. Data sharing to bridge gaps and monitor progress is critically important. The County
may also consider embedding a clinician inside telecommunications to divert from law
enforcement response at all, while also utilizing a warm hand off as necessary to a resource line,
often provided by organizations like NAMI.
Firstly, the job description, selection and hiring of the co-responder/alternative response positions
should be carefully and thoughtfully considered and should be co-developed and co-interviewed
between participating entities (for example, MCPD and the crisis center). It is imperative that
JUNE 30, 2021 29

both organizations agree that the person(s) is a good match for the role. Consideration should be
given to where clinicians are housed, within MCPD or the crisis clinic. Often, housing clinicians
inside police headquarters or at police district offices allows rapport to be built with officers, and
allows ongoing opportunities to promote the program to officers.
Montgomery County may also consider a model of embedding a community facing clinician inside
telecommunications to assist with non-critical calls. Currently, the role of the social worker
embedded in telecommunications is to support staff. The county can also utilize current
employees of the crisis center for expansion of co-response models. It is a steep learning curve
just to learn the services, agency protocols, and accessibility guidelines within the organization
you work for, let alone attempt to do it as a part of a new pilot program that needs to be
successful early on. If officers see that clinicians do not know where to take someone, what
paperwork will need to be completed to access those services, or for example, who to call in the
organization, officers may often give up on the use of it. This is difficult to rebound from.
Typically, seasoned clinicians are hired internally, who already have strong familiarity with the
organization operations.
31) Consider embedding a clinician inside telecommunications to divert from law enforcement
response at all, while also utilizing a warm hand off as necessary to a resource line
32) Establish paramedic, clinician, soft uniform CIT officer and PEER dedicated co-response
teams
RECOMMENDATIONS: INTEGRATE ALTERNATIVE RESPONSE SYSTEMS
Montgomery County may consider embedding community mental health center case manager(s)
inside the jail to crosscheck the daily jail booking report with the client database at the
community mental health center. This can allow for regular identification of active clients who are
booked into the jail, for what crimes, how long they are in jail and at what cost to the city. These
basic data points help inform areas for diversion, offer rapid communication with jail mental
health staff regarding medications the individual is on for continuity inside the jail, assist with
coordinating a warm handoff at release from the jail with either a family member or their assigned
case manager, and identify high frequency utilizers to connect with justice involved case
management teams for proactive outreach. These same case managers can also be assigned to
the mental health dockets for continuity between judges, attorney’s, and case managers.
The County can develop justice involved case management teams at the community mental health
center who have the role of serving the high frequency utilizers of law enforcement calls and jail
bookings. Further, Montgomery County may also consider paramedic, clinician, soft uniform CIT
officer and PEER dedicated co-response teams. Any reasonable effort to move toward a medical
response and away from a law enforcement response may be valued by the community.
SAMHSA’s Sequential Intercept Mapping (SIM), and the Sequential Intercept Model are good
resources and training for communities to identify gaps in community systems.
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33) Embed community mental health center case manager(s) inside the jail, and also assign them
to the mental health dockets for continuity between judges, attorneys, and case managers
34) Develop justice involved case management teams at the community mental health center who
have the role of serving high frequency utilizers of law enforcement calls and jail bookings.
RECOMMENDATIONS: ENHANCE COUNTYWIDE MENTAL HEALTH RESPONSE
35) Work on Union Collaboration. The police Department, EMS and crisis clinic are all unionized.
This auditor heard several barriers in my interviews including: A) The MCPD union has
influence in advocating to incentivize CIT officers. Incentivizing can solicit officers who do not
have the appropriate skill set to be a good, specialized CIT officer. B) The EMS union has
influence with who can train their employees, and because the Social Worker that is
embedded inside EMS is not an EMS employee, she has been limited in providing mental
health training to EMS employees. C) The Crisis Center union has influence over the hours
crisis clinicians are working. Each of these issues will need to be addressed as a holistic
approach to reducing barriers while maximizing needs.
36) Follow opportunities for legislative advocacy. Maryland is one of only three states without
Outpatient Treatment Orders. Legislative advocacy should become a priority. The current
mental health advisory committee would be a good place to gain momentum with this area of
reform.
37) Consider integrating state/county into one EHR—EPIC.
38) Analyze system workflow and data to evaluate gaps and make recommendations
39) Streamline centralized call intake and dispatch system (Crisis Center hotline, 311, Everymind,
911)
40) Provide more robust alignment in criminal justice/behavioral health programs including jail
diversion, specialty courts, CIT, Co-responder, EMS, and Telecommunications
41) Expand pre-booking services—which are essentially absent now
IV. MCPD EDUCATION & TRAINING
Section IV provides an initial set of observations and preliminary recommendations regarding the
Montgomery County Police Department’s (MCPD) training programs. This initial report will focus
on the following training programs: recruit training (Academy), in-service training, supervisory
training, field training officer (FTO), de-escalation, community policing, and cultural diversity and
bias free policing. At the time of this preliminary report, the Academy informed us that several
lesson plans were being developed on topics such as use of force and cultural diversity, etc. These
new lesson plans would better reflect the current state of training on these topics. MCPD
forwarded these lesson plans while on the site visit and will review and comment on them in the
final report.
To conduct the initial review, a request was made to MCPD to forward all training-related policies,
procedures, manuals, lesson plans, testing protocols, training calendars, etc. for review.
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ELE4A conducted a site visit to Montgomery County, Maryland, between February 21, 2021 and
February 26, 2021. During this visit MCPD training was observed for four consecutive days. We
specifically chose this week as MCPD was conducting scenario-based training for in-service on de-
escalation and Academy training on use of force and constitutional law. The initial review aimed
to develop recommendations for enhancing training: to evaluate training in community policing
including problem-oriented policing, stop/search/arrest (SSA) particularly in traffic stops, bias,
culture diversity, use of force, firearms and less lethal weapons, crisis intervention, de-escalation,
vehicle pursuits, and defensive tactics, with attention to racial disparity and improving bias-free
policing.
RECRUIT TRAINING
The MCPD manages a regional Police Academy that provides basic recruit training to several
smaller law enforcement agencies within Montgomery County, Maryland. The main purpose of the
Academy is to provide the basic skill sets required to become a State of Maryland certified police
officer per the Maryland Police and Correctional Training Commission (MPCTC).
POSITIVES: RECRUIT TRAINING
The Academy successfully fulfills its primary mission, which is to provide basic recruit instruction
and prepare its students to pass the MPCTC final exam and obtain a State of Maryland police
officer basic certificate.
The Academy is located on a large training site that serves as the Academy training center for
both the Police and Fire Departments. The site is very impressive with college-campus style
professional classrooms and sufficient technology to effectively teach its recruits.
The training center site has an Emergency Vehicle Operations Center (EVOC) vehicle training
track, which is rare for an agency of this size. It also has a City Scape layout of buildings that it
uses to provide Reality-Based and Scenario-Based Training.
The Academy provided 945.5 hours of instruction for its Academy class session No. 69. This
number of instructional hours surpasses the MPCTC minimum requirement to provide recruits
with 750 hours of instruction. The Academy also surpasses MPCTC sub-topic instructional
requirements (firearms, crisis intervention, etc.).
The Academy is highly structured with most training days beginning with classroom instruction on
various learning domains (values and ethics, legal, community policing, criminal investigations,
etc.) and ending the day with defensive tactics and physical fitness.
The Director of the Academy is experienced and has served in this role for approximately two-
years. The Academy instructors are well trained and clearly understand how to conduct learning
activities such as role-play scenarios. The Academy staff takes pride in providing the best
possible training to its recruits.
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The Academy obtains its curriculum from different sources such as the MPCTC, and various
Federal and respected law enforcement agencies. Academy instructors are taught to write
curriculum and add any agency-specific training requirements such as Department policies into
the lesson plans.
The MCPD is a Commission on Accreditation for Law Enforcement Agencies (CALEA) certified law
enforcement agency that only 6% of all United States law enforcement agencies can claim.
CALEA sets many standards, including training, that the Department shall follow to maintain its
certification.
The Academy has a prosecutor from the State’s Attorney General’s Office assigned permanently
to its training staff. This allows the Academy to provide exceptional constitutional law training.
The Academy has an orientation program that is given to recruits directly after graduation. This
program exposes recruits to more bias-free and cultural diversity training by touring the African
American Museum and the Holocaust Museum. The orientation program also provides more
psychomotor skills training in firearms and driving.
The MCPD has exceptional youth programs such as the Explorer Program and the CADET
Program that not only provides leadership, mentorship, and guidance to these youths, but also
enables the Department to have a build-in feeder pool for future police officer candidates.
The Academy Director embraced this audit and stated that he realized prior to this audit that the
current curriculum needed more training on topics such as bias-free policing, de-escalation,
procedural justice, community policing, and fair and impartial policing, etc., and began obtaining
curriculum on these topics to build into the Academy and various in-service training classes.
RECOMMENDATIONS: RECRUIT TRAINING
42) The Academy has lesson plans for all learning domains required by MPCTC, but the
curriculum lacks some details in certain classes. For example, we reviewed the lesson plan on
Use of Force and determined that de-escalation was covered in the class - although briefly. In
a day-long meeting with the Academy Director, we identified which lesson plans and training
documents needed refinement.
43) The Academy is structured in a traditional law enforcement training format with certain
learning domains (criminal law, etc.) being taught and then tested. While the Academy has a
rational justification for when each class is taught, it does not teach classes at the optimal
best sequenced time – such as teach a legal class on reasonable suspicion followed by a
tactical class on pat down searches, etc.
44) The concept of sequencing classes at the optimal time was discussed with the Academy
Director and a staff member who is responsible for the Academy calendar. Exemplars of
sequenced instruction from the Los Angeles Police Department (LAPD) Academy were given to
them for their review.
45) The Academy should consider introducing training constructs in its design of Academy
curriculum. Academics have long known that human beings learn from three domains called
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Cognitive, Affective, and Psychomotor. These domains are translated into instructional
curriculum by teaching students and constantly debriefing them on a problem-solving model
for the cognitive domain, tactical concepts for the psychomotor domain, and reinforcing an
organization’s mission, vision, and values for the affective domain. Following these training
constructs ensures that training managers are always cognizant of developing a “Whole
Officer” who can effortlessly apply all these domains in field situations.
46) The Re-Imaging Public Safety Committee (Task Force) identified changing the MCPC to a
“Guardian” culture as their number one recommendation. This can be achieved by embracing
the above training construct and using facilitation techniques in the classroom to further
reinforce the MCPC motto of “PRIDE” and the Department’s mission, vision, and values during
debriefing of recruit learning activities.
47) The Academy should also consider taking the training constructs further by reinforcing
teamwork as a critical component of Academy training. By conducting training “in a team, by
a team, to be a team,” you create an environment where officers watch out for each other - not
only tactically but accept key concepts such as active bystandership – preventing tragic
situations like the George Floyd incident.13
48) Finally, the Academy should consider adding the training construct of “not to an event, but
through an event.” Unfortunately, most Academies teach to a conclusion - say an arrest
situation. They fail to teach the recruits to go beyond this and consider the impact on the
community and neighborhood. By designing scenarios where trained facilitators debrief the
whole officer, reinforce teamwork, and consider impacts on the community, you will make a
better officer able to handle the stresses of law enforcement today and meet several Task
Force recommendations.
49) MCPD should consider hiring a civilian PhD as the Director of Academics or Co-Director of the
Academy. This would ensure the development of the Academy curriculum and instructional
protocols is at a university level. This would also support implementing the “Guardian”
culture as the PhD could be a check on increasing psychomotor skills training (firearms and
tactics). Having a civilian PhD as a leading training manager would also allow for continuity of
operations as the sworn Captains generally rotate out of their assignments on a regular basis
(approximately every three years) but the civilian PhD would remain.
50) The Academy does require its instructors to debrief recruits during and after learning
activities. However, they do not teach an actual problem-solving model that recruits must use
to critically think and solve the numerous learning activities given to them in the Academy.
Consideration should be given to adopting an actual problem-solving model (CAPRA, SARA,
etc.) and using this to debrief the recruits.
13 Note: All MCPD personnel should receive Active Bystandership for Law Enforcement (ABLE) training –
another Task Force recommendation.
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51) The Academy should consider adding robust scenario-testing to its curriculum. Currently, the
Academy has scenario-testing protocols that are basically checklists of training objectives.
While this method of testing is satisfactory, it is not ideal as scenario-testing with strong
protocols that require SME development, legal vetting of the scenarios, and a double-test
failure criterion, is certainly the best and most effective method to test a recruit in an
Academy setting. The Academy should consider sending staff to observe scenario-testing at
any of the 41 CAL-POST Academies in the State of California.
52) Finally, MCPD needs to improve its process for updating training documents, training
bulletins, and Department policies. Many of the documents reviewed were outdated and
reflected older concepts. Consideration should be given to speeding up the collective
bargaining process for approving some of these source documents. Curriculum should be
written with the best and latest updated training bulletins and policies.
IN-SERVICE TRAINING
MCPD has a structured in-service training program that meets the requirements of MPCTC and all
other legislative and judicial mandates. It currently provides the training at its central training
facility (Academy) and utilizes the exceptional training site to its advantage.
POSITIVES: IN-SERVICE TRAINING
The Academy surpasses MPCTC mandated 18 hours of annual in-service training.
The Academy mandates that bias policing, ethics, and mental health conditions be taught
annually.
The Academy also follows CALEA, which recently updated their standards to require annual
training on topics such as Biased-Based Policing and Mental Illness (crisis intervention and de-
escalation). CALEA also requires annually training on UOF, Taser, firearms, rifle, shotgun, and
legal updates, and bi-annual training on defensive tactics, ethics, etc.
ELE4A observed 2021 in-service training on use of force, de-escalation, building searches, and
various box and wall drills for decision-making and proper use of force options. The drill
instructors were well trained and played the role of victims and suspects professionally. Safety
checks were administered and the City Scape building structures added reality to the drills tested.
The observed in-service training had a Chief of Police (COP) hour where he discussed the latest
developments within the Department and the current state of law enforcement in the country. The
COP was sincere in his remarks and encouraged all the officers to embrace changes in training
and that he was the one who asked for the Task Force audit to be conducted in the first place.
After the COP in-service discussion, we had a meeting with the COP and discussed many of the
observations and recommendations written into this preliminary report. The COP was attentive
and certainly seemed to be committed to accepting and implementing many of the
recommendations.
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RECOMMENDATIONS: IN-SERVICE TRAINING
53) MPCTC requires 18 hours of in-service instruction annually but the topics are heavily
psychomotor. MCPTC should consider mandating more human relations training (bias free,
procedural justice) on an annual basis.
54) The Academy should develop a more robust annual training plan that considers all facets of
training. They currently have brief training documents that list their training mandates and
electives. This should be updated to a professional training plan.
55) Consideration should be given to creating and testing in-service personnel on scenarios that
contain procedural justice, fair and impartial policing, bias-free policing, cultural diversity and
sensitivity, and community policing and engagement. This would further develop in-service
“whole officer” training and prevent criticism the training is too tactical.
56) MCPD teaches a basic traffic stop format that does not fully embrace the concept of
procedural justice. While they teach professionalism and informing the violator about the
actions the officers will take, consideration should be given to adopting a traffic stop format
based upon the CAL-POST 8-step model or a similar model.
57) Following a structured format such as 8-step will ensure the tenants of procedural justice:
voice, respect, neutrality, etc. are followed. MCPD could also reinforce the new Academy
curriculum by adopting the LEED format: listen, explain, equity, and dignity. This is also a
Task Force recommendation.
58) As previously mentioned, the Academy should reach out and provide ABLE training to all its
personnel. Adopting this training would support the training construct of “in a team, by a
team, to be a team” and is also a Task Force recommendation.
59) The Academy should also consider adding one more firearms qualification conditional test to
its annual requirement. Currently, they conduct a training day and have their personnel
qualify with their firearms during this class. This basically amounts to one firearms
qualification per year – a low number.
60) Finally, one of the Task Force recommendations is to move away from militaristic training and
association. Field MCPD personnel wear their tactical vests on the outside of their uniforms
which gives the impression to the public that they are all members of a tactical unit. Many
law enforcement agencies require their field personnel to wear the vest underneath the
uniform and carry an additional higher-rated tactical vest in their patrol vehicles to place on
the outside when responding to high-risk calls. Adopting this policy would make the field
personnel look more friendly and professional - while keeping their ability to be tactically safe.
FIELD TRAINING OFFICER (FTO) PROGRAM
The FTO Program is based upon a modified FTO model developed by the San Jose Police
Department (SJPD) and requires the probationary officers to receive training in separate phases.
Each phase is designed to test the probationary officer’s abilities to handle actual field operations
and ultimately to perform the duties of a police officer without direct supervision.
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POSITIVES: FIELD TRAINING PROGRAM
The SJPD FTO model has been around for over forty years and numerous police agencies across
the country use it to train and evaluate their probationary officers. It requires documentation of
probationary officers in Daily Observation Reports, completion of a detailed 24-category checklist
at the conclusion of every phase of training, and a Supervisor checklist completed weekly.
MCPD significantly surpasses MPCTC minimum number of hours for its FTO Program (State: 240
hours – MCPD: 560 hours).
MCPD has a detailed FTO manual that explains the policies, procedures, and structure of the FTO
program.
MCPD also has a detailed Probationary Officer’s Handbook that is given to probationary officers
and used by FTO’s to track their progress. The handbook requires FTO signoffs on many
categories of human relations and tactical training.
RECOMMENDATIONS: FIELD TRAINING PROGRAM
61) The Task Force recommended that the FTO selection process require the candidate be given
an extensive background check. The FTO selection process does include a check of the
candidates past disciplinary history and job assignments. It also includes a review of their
previous personnel evaluations and commendations. However, there is no FTO selection
documentation reviewed that they use any form of “diversity” in the selection process. When
asked, they stated that they consider this for all selections – but they should have it written
into their criteria.
62) Anecdotal proof that they consider diversity and gender in the selection process could be
found during the site visit to the Academy. The Director stated that it is a challenge to find
female psychomotor skills (firearms, etc.) instructors and that he had a plan already in place
to recruit more females to this unit. He clearly recognized the need for diversity and the role
model advantages to having a diverse staff.
SUPERVISOR TRAINING
MCPD requires that all personnel attend a school designed to teach the necessary job-related skill
sets for the following assignments: FTO, Sergeant, Lieutenant, and Executive (Command).
POSITIVES: SUPERVISOR TRAINING
We reviewed all the calendars and some of the curriculum for the above listed schools and
determined that the schools appear to provide the job task requirements for each assignment.
MCPD has a supervisory mentor program designed for Corporals and Police Officers III who are
on the Sergeant’s promotional list (candidates for promotion). They are allowed to ride in the field
with experienced and respected Sergeants prior to their actual promotion. Corporals are already
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exposed to many supervisory activities at the District Police Stations, so they get to ride for
approximately three weeks. Police Officers III ride for approximately five weeks.
When the candidates are promoted to Sergeant, they are required to attend a five-week Sergeant’s
School. They receive a nationally recognized three-week curriculum on leadership called the
Leadership in Police Organizations (LPO). This leadership program is designed around 23
university-level behavioral science courses that teach topics such as equity and expectancy
theories, conflict management, counseling, group development, etc., to name a few. It provides
an excellent leadership baseline for new supervisors.
The last two-weeks of Sergeant’s School is focused on teaching the job-related skills necessary to
be successful as a Sergeant of Police on the MCPD.
RECOMMENDATIONS: SUPERVISOR TRAINING
63) While the Sergeant’s School does an excellent job teaching leadership and job-specific tasks,
it has little curriculum in human relations training. Some training should be given on topics
such as bias-free, Fair & Impartial Policing (FIP) model, and community policing.14 This could
be done by writing scenarios that enable the facilitators to discuss the human relations
aspects built within the scenarios. Doing this would meet the Task Force recommendation
that supervisors receive more training on community policing, leadership, and encouraging
positive behavior amongst their subordinates.
64) The Task Force also recommended more private sector training be adopted by MCPD. We
discussed this with the Academy Director and he stated that they have received training from
universities in the past, just not on a regular basis. We encouraged him to pursue better
relationships with academic and business entities, especially at the supervisory level, to obtain
training from them that gives a different perspective than typical law enforcement training.
65) The Executive School has many training objectives that should be built into the Academy, FTO,
Sergeant, and Lieutenant Schools. Objectives such as “how to use the mission, vision, and
values of the Department to impact patrol operations” should be trained early in your career
and not when you are a Captain of Police and a member of the Department for over a decade.
The Academy should review the training objectives in their Executive School and write many of
them into the curriculum of the other schools.
14
Dr. Lorie Fridell, former Director of Research for the Police Executive Research Forum (PERF), developed
this model.
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66) Finally, the Code of Maryland Regulations (COMAR) regulations state that supervisory training
needs to be completed within one-year of promotion to the rank of Sergeant. This is bad
policy. Training should be provided prior to or directly after promotion to the rank of Sergeant.
New supervisors who are not trained for months after their promotions can learn too many
bad habits.
DE-ESCALATION TRAINING
Many law enforcement agencies have been teaching the principles of de-escalation for decades
although they have not always used this terminology in their written curriculum. MCPD
understands that it is in their best interest to identify any aspects of de-escalation training and
techniques and use this actual name in their written curriculum. This would make it easier to
clearly reference this important training topic within the curriculum.
POSITIVES: DE-ESCALATION TRAINING
The review of MCPD training documents revealed it does offer many training classes on topics
that are generally associated with de-escalation such as Crisis Intervention Training (CIT), Crisis
Negotiation Training (CNT), and conflict management and conflict resolution. They also reinforce
training competencies associated with de-escalation such as improving communications skills and
teaching how to understand and apply use of force options.
The Academy has 67 hours of curriculum on “conflict management and dealing with people.”
They also require recruits to take an 8-hour Mental Health and Wellness class that has CIT topics
embedded into the curriculum.
The Academy has recently agreed to provide training on Integrating, Communications,

Assessment, and Tactics (ICAT) training that was developed by the Police Executive Research
Forum (PERF). This training was specifically designed to teach de-escalation techniques and
concepts to field personnel and will certainly help them to de-escalate high-risk situations.
At the end of the FTO Program, probationary officers are required to complete the entire 40-hour
State of Maryland approved and taught CIT course. The Task Force recommended that the CIT
course be given in the Academy. ELE4A respectfully disagrees. CIT training should be given after
the probationer has some real-world experience and is in a better position to understand and
apply the CIT and de-escalation concepts. MCPD has mandated the CIT course in the correct
place – after FTO completion and before the probationary officers become full-time police officers.
RECOMMENDATIONS: DE-ESCALATION TRAINING
67) MCPD has a 33-page lesson plan on UOF that lacks detail in de-escalation and should explain
the Department’s “sanctity for life” philosophy in greater depth. The Academy is in the
process of updated its UOF lesson plan. It will be reviewed to see if the above issues have
been addressed.
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68) While the Academy teaches a tactical concept called “space, distance, and time,” they should
consider incorporating even more de-escalation tactical techniques into their curriculum.
There are several techniques that are easily taught and understood by recruits. One is the
tactical concept of “distance + cover = time.” This formula instructs officers not to approach
a person in a mental health crisis but to create distance between them, take cover behind an
object (car, brick wall), and then use the time you gained getting additional resources,
creating a plan, and communicating with the subject. More advanced tactical de-escalation
models are also readily available to incorporate into curriculum (ICAT training will help this).
69) The Academy needs to modify their reality-based scenarios and drills to require recruits and
in-service officers to slow down the situation and use de-escalation tactical techniques to
increase the probability of using no force or the minimal amount of force necessary. We
observed a few de-escalation drills that appeared to be rushed to get all the officers in class
through the drills due to time constraints. This was discussed with the Academy Director and
he agreed.
70) The Academy wants to create a new training cadre called the “Force Training Unit” that would
require all its instructors to become Subject Matter Experts (SME) and obtain certification on
all aspects of UOF, de-escalation, and force options training. This unit would then be
responsible for curriculum development, teaching the above-mentioned classes, teaching less-
lethal training (Tasers, etc.), and analyzing actual MCPD-UOF data for trends and patterns
and then updating curriculum to handle these situations better.
71) The Force Training Unit could also be utilized as de-centralized training entity that could go to
District stations and provide scenario-based training on de-escalation with the goal to take the
appropriate time to run slowed-down de-escalation scenarios and ensure de-escalation
techniques are effectively used.
72) MCPD should require that all officers be trained on Tasers and are required to carry the
Tasers into the field daily. CIT training should not be a prerequisite and hold up deployment
of Tasers to all field personnel.
73) The Task Force recognized the significance of Tasers and encouraged MCPD to increase
deployment. It is the our understanding that this issue is in the collective bargaining process
and all parties involved in this process should agree to speed up the deployment of Tasers as
fast as possible.
74) There are also organizational support entities that can assist in helping field officers respond
to de-escalation situations. MCPD should consider expanding their co-responder (police
officer and mental health practitioner) program, implement a call-center where mental health
professionals can give advice to field officers, and have MCPD personnel work with mental
health professionals to design plans to deal with persons who are constantly in mental health
crisis and generate many calls for service.
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CULTURAL DIVERSITY & BIAS-FREE POLICING TRAINING
The Academy is required per Code of Maryland Regulations (COMAR) to provide “sensitivity to
cultural and gender diversity” training to all recruits. They achieve this by teaching a 10-hour
class on cultural diversity that includes discussions on policing in a multicultural society.
Recruits also receive training on Fair and Impartial Policing (FIP) Model, Implicit Bias, Hate and
Bias crimes, ethics, and are required to participate on field trips to the African American Museum
and the Holocaust Museum.
POSITIVES: DIVERSITY & BIAS TRAINING
One Task Force recommendation is for the Academy to teach that legitimacy does not come from
the law but from the community that they serve. The Academy Director embraced this and stated
that they have always approached training from the perspective that we exist to serve the
community and that the Department’s mission, vision, values, and motto of “PRIDE” supports this
philosophy.
MCPD has an excellent pre-Academy training program for police candidates that not only
prepares them physically, but also exposes the candidates to curriculum on bias free policing,
cultural diversity, communications skills, and characteristics of a good police officer.
The Academy and CALEA mandate annual in-service training on bias-free policing and bi-annual
training on ethics.
The DOJ’s FIP training for supervisors has several exceptional training objectives: inform and
mentor subordinates on the fair and impartial policing model, identify bias policing in their
subordinates, take corrective actions when they detect bias policing, assess their own behaviors
and decisions in terms of their potential for bias, and communicate with community members
and groups about bias policing.
The other fair and impartial policing model training classes for recruits and patrol officers have
equally exceptional training objectives that are the focus of the training given.
We interviewed the lead instructor for cultural diversity training and reviewed all the scenarios
that are used as learning activities in the class. The instructor explained that he wants the
recruits to feel a little stressed while handling situations they may not have been exposed to in the
past. The scenario training is given on the City Scape to mimic a real-world environment.
In the cultural diversity class recruits are given same-sex domestic violence scenarios where a
third person at the scene is a friend of the partners and the opposite sex. The scenario tests the
bias of the officers as some of them assume the man and the women are the couple involved in
the domestic violence situation. The instructor conducts in-depth debriefs of these scenarios and
challenges the recruits to not let their personal bias impact their investigations nor the decisions
that they must make as bias-free law enforcement officers.
JUNE 30, 2021 41

RECOMMENDATIONS: DIVERSITY & BIAS TRAINING
75) While the new Academy curriculum addresses cultural diversity and bias-free policing, most of
the curriculum is still taught in a lecture-based format. Consideration should be given to
creating more scenarios (and testing protocols) on human relations training topics.
76) The Task Force recommended that the Academy increase cultural diversity training from 10-
hours to 12-hours. ELE4A concurs. Discussions with the Academy Director and the COP
indicated an acceptance of this recommendation and the cultural diversity lead instructor was
directed to begin curriculum development for the additional two-hours of training.
77) As previously discussed, the Academy should consider adopting the CAL-POST 8-Step traffic
stop format or a similar one to prepare recruits to conduct these stops in a structured format
that automatically has procedural justice (voice, respect, etc.) and bias-free tenants
embedded into the curriculum. They should also teach the tenants of Listen, Explain, Equity,
and Dignity (LEED) to the recruits during this training segment. This was also a Task Force
recommendation that the Academy has embraced.
78) As discussed earlier, MCPD needs to create a more robust Annual Training Plan. They
currently have brief descriptive documents that list the training mandates and electives that
will be given to its personnel. It is simplistic, and efforts should be made to make it look more
formal – a document that could be handed out in presentations and/or community meetings.
79) MCPD also needs to ensure that the training plan addresses human relations scenario training
on an annual basis. They currently do a good job on tactical related scenarios but need to
expand and teach more human relations scenarios. They should take the various topics that
make up human relations training and ensure at least one scenario on these topics is taught
each year.
V. RECRUITMENT & HIRING PRACTICES
A police organization’s success begins with its recruitment strategies. The success of the
Department’s recruitment efforts impacts every other function of the agency. Progressive and
open-minded Departments ensure that their staff represents the communities they serve,
including the underrepresented populations by race, religion, and gender.
Challenges for recruitment have become more complex in recent years due to several factors,
including social, political, and economic forces. Recent well-publicized police use of force
incidences have negatively impacted the public image of the police profession and have had a
direct negative impact on hiring police candidates, nationwide. Scrutiny of police interactions with
the public have led many young people to view a policing career in a different and more
unfavorable light than in preceding decades. Generational differences have also been a factor,
with many millennials wanting careers with more flexible hours, relatively less stress, and with
less structure. It is also more common for younger people to move from job to job, not seeking a
lengthy career in one profession.
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Nationally, many police agencies report problems with applicant quality and the inability to get
applicants successfully through the background hiring process. Reductions in police budgets,
normal attrition rates, and lengthy hiring processes with fewer qualified applicants often make it
challenging for many Departments to maintain 100% of staffing levels.
RECRUITMENT, DIVERSITY & INCLUSION. Montgomery County has faced similar challenges in
attracting candidates in the highly competitive Washington Metropolitan area. However, the
Department is moving forward with adopting innovative recruitment methods and maintaining
high standards for hiring police officer candidates, without any significant lowering of MCPD
hiring qualifications and standards.
Diversity is a robust focus of the police Department’s recruitment efforts, as MCPD seeks to reach
out and connect with qualified applicants from all backgrounds, religions, races, and ethnic
groups. More broadly, the Montgomery County Government publicly promotes, in public
documents, that it values diversity and strives to achieve a diverse workforce through its
recruitment practices. As the County population becomes increasingly diverse, all County
Department leaders are expected to recognize the importance of hiring individuals who can serve
a diverse community effectively and who reflect the diversity of the available labor pool and local
residents.
A diverse workforce brings a wide variety of human capital, different experiences, skills, and
viewpoints together to solve problems. Equity, diversity, and inclusion are essential to law
enforcement operations and effectiveness. Diversity increases innovation, creativity, and strategic
thinking because teams of people who come from different backgrounds can draw upon their
unique experiences and wider range of knowledge to spark new, innovative ideas. Employees
often feel more comfortable and happier in unbiased and inclusive environments and tend to
remain longer in their professions. Diversity refers to the traits and characteristics that make
people unique while inclusion refers to the behaviors and social norms that ensure people feel
welcome. Inclusion is what connects people to the organization and makes them want to stay. The
Department’s leadership must continually promote “inclusion” as an integral part of its culture
and value.
HIRING SYSTEM
The authorized strength of the Department is 1304 sworn positions with 1277 filled at the time of
this report. The professional staff authorized strength is 735 with only 644 non-sworn positions
filled.
The police department’s Recruitment Unit considers new and improved ways for recruiting, as
witnessed on their website, described by their supervisors in recent ELE4A interviews, and as
reviewed repeatedly in recruitment section progress reports. For example, it was reported that
recruiting for diversity resulted in the July 2020 Academy class, Session 71, having the most
diverse representation in the Department’s history. Racial and ethnic minorities made up over
50% of that recruit class. However, the following class, starting in January 2021, included only a
30% minority representation.
JUNE 30, 2021 43

According to the US Census Data from 2018, a demographic overview for Montgomery County is
estimated to be: 43% white, 20 % African American, 20% Hispanic and 16% Asian. As of January
2020, MCPD’s current demographics reflect: 74% white, 13% African American, 8% Hispanic,
and 4% other.
Recruitment falls under the Management Services Bureau of the Personnel Division, and is staffed
with three full-time female recruiters, two sworn officers and one Sergeant.
MCPD RECRUITERS. In 2019, the recruitment team added 41 police officers as decentralized
recruiters. The decentralized recruiters are well trained in current recruitment information, they
assist with career fairs and community events, and serve as mentors to police cadets. The team
focuses efforts where they have been most successful and where MCPD previously found high
quality applicants. However, one of their main and most important goals is to recruit police
officers who are representative of the Montgomery County community.
To be assigned as recruiters, assigned officers must meet the qualifications set out in a position
vacancy announcement, which includes key qualities and attributes such as– high-level
communications skills, a strong background in community engagement, an excellent work history,
satisfactory performance evaluations, and someone who is always seeking opportunities to market
the Department and establish networking opportunities.
Department recruiters utilize a wide variety of outreach social media, including: Internet
Advertising, Career and Job Fairs, Community Events, Recruitment Vehicles with vehicle display
wraps, Billboard Advertisements, Targeted Recruitment Flyers, Surveys, Videos on Website,
Lateral Entry advertisement, the Cadet Program, Special School-based Programs, and
Conferences. The Section has a longstanding practice to attend career fairs at Historically Black
Colleges and Universities (HBCUs) to include Bowie State University, University of Maryland
Easter Shore, Lincoln University, and Coppin State University. MCPD regularly presents about law
enforcement career as a guest at Radio La Jefa, a Latino radio station.
COMMUNITY PARTNERSHIPS & HIRING INITIATIVES. The Department has built partnerships
with educational institutions to enhance relationships with the youth in their community. They
have an established relationship with all schools in the County and most student interaction is
through the School Resource Officers and the Community Engagement team members. The
Recruitment Unit has been able to foster a relationship with the professor for the criminal justice
program at Thomas Edison High School. This has allowed them to make connections to those
students who have an expressed interest in joining law enforcement. Many colleges and
universities transitioned to virtual career fairs during COVID-19.
The Department has a Veteran hiring preference, and applicants can substitute three years of
active-duty military service, with an honorable discharge, for the required 60 college credits. In
addition to other generally accepted military benefits, an officer can purchase up to four years
military service toward MCP retirement, and the starting salary is increased based on years of
military service. There is a similar Lateral Officer entry program, with a reduced 7-week Academy,
when there are enough applicants interested in joining to make the program feasible. Lateral
JUNE 30, 2021 44

Program entries may exchange three years of full-time law enforcement experience in exchange
for the educational requirement. All these broadly acceptable programs will assist the Department
in adding additional candidates to the applicant pool. All of them must successfully complete a
full background investigation before they are hired.
CHALLENGES. In recent years Recruitment Unit reports indicate a strong focus of recruitment in
the Greater Washington Metropolitan area- a highly competitive region for police recruiting. The
starting salary for a MCPD police officer candidate, of $52,500, falls short of many starting
salaries in the area. The Department requires an associate degree, or equivalent, at the time of
application, or three years of active-duty military service with an honorable discharge, or three
years of full-time law enforcement experience recognized by MCPD. Even though the starting
salary is below some well-respected police departments in the area, the County relies on an
excellent benefits package, first-rate training, a nationally accredited status, and a wide range of
patrol and specialized duties to attract well-qualified candidates from in and outside the area.
Several years ago, the Montgomery County recruitment unit was averaging slightly more than
1,000 applications following announcements for new Academy sessions. To maintain applicant
interest without interruption, the Department accepts applications year-round and processes
them efficiently, generally within three-four months, for each upcoming class. Recently, the
starting point for applications received was slightly less than 500 submissions. Once the entire
background investigations are complete, the Department is frequently left with fewer than twenty-
five eligible well-qualified candidates to hire.
Uncharacteristically for Montgomery County, all authorized and budgeted entry-level positions
have not been filled in recent Academy sessions. The reduction in applicants can be linked to
several possible influences, including: a lower entry salary for the region, the recent impact of
COIVD-19, heavy competition in the Metro area, competition for candidates from the business
community, negative national media about law enforcement careers, a reduction in individuals
leaving the military, and possibly, the negative local political climate.
JUNE 30, 2021 45

Session POCs Budgeted Authorized # to Fill Graduated/Hired
68 26 22
69 22 37 29
70 24 39 30
71 22 30 21
72 14 14 14
73 24
74 34
However, some in MCPD leadership positions sense they are not as “pinched” for applicants as in
many other local Departments. They trust that the positive reputation of the Department, the
availability of numerous specialized positions, career growth opportunities, professional core
values, excellent training, and an overall good compensation package gives MCPD a competitive
edge over other local Departments. Even though the Department has a robust media presence for
recruitment, it reports “word of mouth” tends to be one of the greatest assets for recruiting
qualified applicants to Montgomery County.
How a police Department is viewed in a community, especially minority communities, can be a

barrier for potential applicants who lack support from family and friends. Therefore, improving
recruitment should continue to be a broad, department-wide, effort involving steps to improve
community relations and community engagement, increase transparency, and continue persistent
efforts targeted at reaching under-represented populations.
RETENTION. Today more than ever, police administrators must focus efforts on learning why
officers are leaving the Department, or their law enforcement careers. The cost of hiring and
training a new police officer can exceed well over $100,000 and take years before the officer
functions fully and independently. Personnel turnover costs can include recruitment costs,
selection costs, training and uniform costs and separation costs. In any Department, voluntary
turnover can have a negative impact on employee morale and productivity. The Department
understands the importance of monitoring these numbers in today’s social climate. As indicated
in the below chart, Montgomery County has fared very well in its retention rate of sworn officers
over the past six years.
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Sworn Jan 1 Count Employed for Full Period Retention Rate
2020 1299 1251 96.30%
2019 1292 1249 96.67%
2018 1278 1237 96.79%
2017 1246 1216 97.59%
2016 1254 1220 97.29%
2015 1266 1224 96.68%
BACKGROUND INVESTIGATIONS
The MCPD has made a concerted effort to increase communication with the community and with
potential applicants through a more personalized recruitment and background investigation
process. Recruiters and investigators are encouraged to be welcoming and supportive with
applicants, and to provide a direct line of information throughout the hiring process. The
Department understands that in this highly competitive environment, communication and regular
contact can be critical to recruiting and hiring the best and the brightest candidates.
The background investigation is one of the most critical elements in the hiring process of new
officers. Background investigators play an important role, not just in screening and evaluating
candidates, but also in shaping the “culture” of an agency. Departments can receive thousands of
applicants per year, often with less than one-third of the applicants reaching the background
investigation stage. The entire employment process for potential MCPD police officers, from
application to hiring, ranges from four to nine months.
The background investigation is a labor-intensive process, usually taking months and traditionally
resulting in large quantities of paperwork. Currently, MCPD background investigators are using a
paper system; however, they are actively exploring some cloud-based systems. Having remote
access to files will help the team of background investigators and supervisors process
applications in an improved, timely manner, for example, while working at the office or another
location. Further, a more modern system benefits the Department by providing electronic review
and transmission of information, especially during the COVID-19 pandemic and aftermath.
JUNE 30, 2021 47

OPPORTUNITIES FOR INNOVATION
Many agencies are increasingly using technology to streamline the recruitment and hiring process
and ensure accuracy of recordkeeping.
TECHNOLOGY
MCPD hiring should move to cloud-based technology, making it easier to securely connect
applicants, references, and investigators. A cloud-based system also provides easy access for
supervisory reviews and those making decisions on the final hiring decision. Most are agencies
making the change to the digital age, and away from archaic systems with paper files, find it can
dramatically cut the average time for conducting and completing background investigations.
These software packages also provide background investigators with additional tools to efficiently
perform their jobs. One evident value is the capability to log in anywhere and review information in
the background file from a desktop or mobile device. Clearly this is an improved process, rather
than printing and sharing large paper files, or assessing cases one reviewer at a time.
Software systems make it easier to respond to applicants and to request additional information
from applicants or references when needed. Applicants can quickly and easily submit information,
and agencies can review and respond to that information rapidly, versus the existing system that
relies on a need to wait for the applicant to e-mail the information or deliver the information in
person.
A cloud-based system with a single access point allows supervisors to easily access files for
progress, and assists background investigators in compiling and presenting a comprehensive file
for each applicant, as well as having all the information in one place. The system can also track all
activity on each background file and provide useful reporting and alerts for missing hiring
elements or approaching deadlines. Finally, MCPD applicants may appreciate the ease of use and
convenience that comes with using a digital system.
Today’s job market moves at a fast pace, with positions often being filled in a matter of weeks,
especially in the private sector. In response, the Department is looking to streamline recruitment
and background investigation processes to get individuals hired faster, before they are offered
other job opportunities. The current process requires the applicant to make at least three to five
separate appointments. Therefore, the Department should always be looking for ways to
streamline these processes.
PROMISING PRACTICES
The Department has had success in reinstituting the police cadet program. The cadet program
was a successful program for many years in the 80’s and 90’s, and was renewed five years ago.
Police cadet programs are designed to prepare young people, typically in their late teens and
early twenties, to become police officers of the future. Cadets work in a paid civilian capacity for
JUNE 30, 2021 48

the Department, undergo training, and are mentored by police officers. The Department has
increased minority representation through this program, and the program has potential to
continually bring greater numbers of local residents into MCPD’s organization, promote diversity
and to increase community knowledge within the officer ranks. In the past two years the
Department has had eight cadets become police officers. During the life of the cadet program,
seventeen cadets have become police officers and, of those hired, 76.5% are from diverse
populations and 24% are women.
Many Departments, including Montgomery County, have progressed away from the traditional
approach to police hiring – which was heavily toward the “warrior” aspects of the profession.
Today the Department is focused on recruiting and hiring for the “guardian” role that police
officers must be prepared to assume. The Department has identified an appropriate core set of
personality traits, characteristics, and capabilities they are looking for in officer candidates,
discussed in other sections of this report.
Applicants are encouraged to participate in ride-alongs with police officers. This helps the
Department evaluate the skills of the candidate in relating to and communicating with community
members, and it gives the candidate a realistic view of what police work entails.
Within the hiring and screening process itself, evaluating and measuring the desired qualities and
traits of officer candidates are not simple tasks. There are behaviors uncovered in the background
investigation process have been almost automatic disqualifiers for many Departments. The
Department works with County personnel to review and update testing so that the process
measures key personality traits needed for the job of police officer. The Department has updated
scenario-based questions that address a “fair and impartial policing” approach and touch on a
variety of human experiences, as opposed to more outdated roles of a police officer.
It is essential that the Department use the process to identify and screen out those candidates
who do not possess the needed values and character traits for a policing career in Montgomery
County, as well as those who are unethical, explicitly biased, or otherwise unfit to serve.
COMMUNITY VALUES & SCREENING CONSIDERATIONS. It is important that the Department

hire candidates who share the values of the community and the Department. For example, for
some departments today, an emerging challenge is how to screen out candidates effectively,
whose performance would be impacted by past drug use or poor credit reports, without pushing
out otherwise strong candidates who may have used marijuana recreationally in the past but
whose performance would not be affected.
Another example of the importance in realizing community values is related to screening out other
concerns, including bias. For example, explicit bias – attitudes and beliefs that exist on a
conscious level and that control one’s judgment and behavior toward certain people – must be an
automatic disqualifier. Implicit bias refers to bias in judgment or behavior that results from subtle
attitudes and stereotypes that usually exist below the level of conscious awareness and which the
individual does not intentionally control. Background Investigators are taught to look to other
sources of information that may uncover bias. For example, a candidate’s biases often emerge
JUNE 30, 2021 49

through their social media posts. The key to effective hiring is to weed out candidates who display
explicit bias and work to acknowledge and provide training for implicit bias.
The Montgomery County Department leadership looks at each case independently to be able to
distinguish between unfortunate circumstances and negligent or criminal activity when it comes to
job applicants’ personal finances. Until a few years ago, candidates who filed for personal
bankruptcy, defaulted on a loan, or had other serious financial problems were often automatically
disqualified from most Departments during the hiring process. At the time, it was thought that
personal financial difficulties represented a failure to follow through on one’s obligations and even
posed a major integrity issue by making candidates susceptible to bribery. Following the
recession in the late 2000s and the more recent COVID-19 pandemic, people are attempting to
enter the workforce more frequently with a history of financial problems. Many police
Departments have recently adjusted thinking on how personal financial problems should affect
eligibility for hiring. Rather than treating these types of situations as automatic disqualifiers,
agencies are now taking a more detailed look at the underlying issues, and their context. The
Department should continue to consult with the community when identifying the desired traits,
characteristics, and capabilities they are seeking in their newly hired officers.
Montgomery County uses a polygraph exam as part of the hiring process. The polygraph is in
conjunction with a pre-polygraph personal information booklet. The polygraph is an investigative
tool to establish a baseline against which the truthfulness of a candidate’s answers can be
measured. 15 Appropriately, the polygraph is not used as a sole disqualifier in the process.
Psychological exams are standardized, validated, and normed for the position of police officer.
The Department uses psychologists who are trained and qualified in the specialty area of public
safety psychology to conduct examinations of applicants.
15
“OTO concluded that, while there is some evidence for the validity of polygraph testing…there is very little
research or scientific evidence to establish polygraph test validity in large scale screening…[including]…pre-
employment, [and] pre-clearance…” Scientific Validity of Polygraph Testing: A Research Review and Evaluation. A
Technical Memorandum. Office of Technology Assessment (OTA). TM-H-15, 1983.
JUNE 30, 2021 50

ADVERSE IMPACT. Police Departments are encouraged to regularly review their hiring processes
to determine whether there is adverse impact at any stage in the hiring process. Adverse impact
refers to employment practices that appear neutral but have a discriminatory effect on a
protected group. Adverse impact may occur in hiring, promotion, training and development,
transfers, or even performance appraisals. Adverse impact analyses provide a statistical review of
employment decisions to determine whether discrimination is indicated in the decisions.
The Department recently completed an adverse impact analysis, conducted for Police Officer
Candidate Sessions 64-72, for the period April 2016 – January 2021. The report, dated May
2021, indicates the following:
o In aggregate data, there is disparate impact in the overall selection of several minorities:
primarily black candidates, and to a lesser degree “Other” (two or more races)
o In a review of “overall data”, it appears that the most notable areas of contributing impact
fall within the background phase, then within the area of the written testing
o In aggregate, there is not disparate impact in the written section, however some analyses
show disparate impact for Asian, Black, Hispanic, Other, respectively
o While not an area that is considered for the impact analysis, it is important to note that in
aggregate data the reported rate (scheduled but withdrew, no show, or no response) for
Black candidates across all stages is the lowest of all groups, while black applicants
represent the second largest group at 28% of total applications over the last five years.
The Department’s preliminary response to this data includes:
o Outreach: MCPD will continue to prioritize outreach to diverse applicants and look to
develop new ways to engage diverse candidates
o Written Testing: in a response to an evaluation of our data, MCPD is responding by
examining thresholds for the passing grade for the upcoming hiring process. The goal is to
allow more candidates to enter the process and expose them to further review
opportunities then may have been possible before.
• Additionally, MCPD is continuing to evaluate the benefits /impacts from the
change from in person to online testing that occurred within the two most recent
police officer candidate hiring sessions as a potential contributing factor. COVID-
19 necessitated a shift to remote testing. The test vendor also conducts adverse
analysis on their test products.
o Follow Up: MCPD is following up with applicants that do not show up for testing to
determine why they did not report and encourage applicants to continue with the process.
The goal of this outreach is reaching the maximum number of applicants possible, and
making follow up with black applicants a priority, as the data has directed.
o Evaluation: MCPD will continue to evaluate its hiring process to ensure that it continues to
develop a diverse police department that is reflective of the community, while maintaining
high standards to hire qualified and professional individuals for the position of police
officer candidate.
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The Department has become more flexible in how they schedule candidates for the different
component parts that make up the hiring process. For example, rather than waiting for a full class
of recruits to form before making offers to individual candidates, the Department makes offers
and even hires highly qualified candidates in a civilian capacity.
RECRUITMENT & HIRING RECOMMENDATIONS
The Department understands it must assess its hiring practices and outcomes continually to be
competitive and successful in recruiting, hiring, and retaining the level of well-qualified candidates
the Montgomery County community expects and demands. Recruiting, hiring, and retaining the
right people are the critical first steps to achieving the larger goals of reducing crime and building
relationships of trust with the community. MCPD should consider the following recommendations:
80) Add a cloud-based technology as a streamlining measure and to increase effectiveness and
efficiency for background investigators
81) Reduce the amount of time it takes to process candidates using technology and combining
processes when practical
82) Review and analyze adverse impact analysis reports regularly for negative trends and adjust
practices as warranted to reduce adverse impact at any stage, if indicated
83) Consider increasing the starting salary for entry-level MCPD police officers to become more
competitive in the Washington Metropolitan area
84) Assess MCPD employee turnover continually, and reasons officers leave the Department
85) Provide training and leadership guidance so that workplace “inclusion” becomes part of the
everyday MCPD work-life culture
COMMUNITY POLICING
The Academy’s curriculum on community policing and engagement is basic and traditional. While
it has some exceptional classes on community policing, it does not teach a community policing
model or actual philosophy. Further, while it briefly teaches Scanning, Analysis, Response, and
Assessment (SARA) in the community policing curriculum, there is no follow up on this problem-
solving model that would require recruits to solve scenarios using it in the Academy.
POSITIVES: COMMUNITY POLICING TRAINING
The Academy does teach a 2.5-hour class led by the Director of the Academy on Ethics in Policing
and 21st Century Policing. This class recaps the six key pillars in the Report on 21st Century
Policing and “Mending Broken Trust: Police and the Communities they Serve,” by Chief of Police
Charles Ramsey. This is an excellent class to inform recruits about expectations of a modern
police officer including discussing future ethical dilemmas they may face.
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MCPD is required to forward a report on the state of community engagement to MPTSC that
provides a window to view how effective they are in community policing and engagement. MCPD
is required to answer the following questions in the report (abbreviated): 1) how is community
policing integrated throughout the agency; 2) how does top management emphasize and support
community policing; 3) what is your current training on community policing and what future
training on increasing interaction and problem-solving with the community will you conduct; 4)
how can crime problems be identified and communicated to the community; 5) how do you
partner with the community to prevent crime and identify crime; and 6) how do you measure your
effectiveness.
MCPD has a brochure called FAQ that looks like a Community Engagement Division (CED)
handout for community meetings. This brochure is filled with frequently asked questions (FAQ)
on several important topics like ways the Department focuses on community policing, goals of the
CED, requirement to provide training on implicit bias and de-escalation, etc. The brochure
provides Montgomery County residents with an important overview on how MCPD addresses key
talking points asked of law enforcement agencies around the country.
MCPD has excellent youth programs, volunteer academies, many specific community forums
where selected groups (African American, Hispanic, etc.) can discuss their issues with CED or
local district MCPD personnel, one high school program that allows junior and seniors to focus on
a possible law enforcement career, etc. They clearly have identified some best practices in
community engagement programs nation-wide and implemented them in Montgomery County.
RECOMMENDATIONS: COMMUNITY POLICING TRAINING
86) The Task Force stated that their top two recommendations were changing the existing MCPD
culture to a “Guardian” culture and increasing community policing and problem-oriented
policing. The Academy should strongly consider embracing the “Whole Officer” training
philosophy, as it would require them to support the guardian culture and adopt a problem-
solving model that could be used in the Academy and by patrol officers to solve community
policing problems in the field.
87) The Fraternal Order of Police (FOP) Lodge 35, which represents the rank and file of the MCPD,
strongly recommended that MCPD change the way that they conduct community policing and
go back to the way it taught and implemented it in the field years ago. According to the FOP-
35, back then, field officers were taught a problem-solving model in the Academy that they
had to use to solve real world community policing issues. Somehow, this model was
discarded along the way and efforts should be made to re-teach this philosophy and require
patrol officers to use it in the field.
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88) The report on the state of community engagement prepared by the Community Engagement
Division (CED) to the MPTSC stated that MCPD reconstituted CED in 2016 after an
approximate 7-year hiatus. It appears that MCPD has struggled to adopt a community
policing and community engagement philosophy that they are comfortable with. They should
consider taking site visits to other law enforcement agencies known for their strong
community policing and community engagement programs and implement aspects that would
work in Montgomery County into their community policing program.
89) A review of the various training documents and policies shows a lack of commitment to
community policing training. For example, COMAR does list crime prevention as a key topic
but does not address community engagement, etc. The Academy’s overview document listed
18 critical areas of training (crime investigations, defensive tactics, etc.) with no mention of
community policing. Finally, a review of the Sergeant and Lieutenant School’s calendars did
not list community policing. It was, however, well covered in the Executive School for
command officers – which frankly is way too late in the training developmental process and
should have been addressed in schools much earlier.
VI. EARLY WARNING & INTERVENTION SYSTEM (EIS)
90) The MCPD should have an Early Intervention System to help identify struggling officers.
Having a system to help identify officers in need of assistance is a benefit to the officer, the
officers working the same shift and duty assignment, the officer’s supervisors, the police agency,
and the community the officer serves. Implementing an Early Intervention Policy also provides
direction for periodic reviews of officer performance. Further an EIS system and policy are
important tools that provide considerable options to address a struggling officer’s needs. Having
an early warning & intervention system is a benefit to the officer, the Department, and the
community. The more information the EIS can make available to the supervisor, the more
effective the system will be and the more valuable it will be to the officers and the Department.
A well developed system, including key performance measures include initial costs, however,
those costs may prove to be cost effective if the system is used to its full potential.
Costs can be saved several ways including:
o Department Efficiency - enhanced efficiency by identifying the high-performing officers and

placing them in the right positions, which can result in producing better work with fewer
personnel.
o Reduced Costs Related to Personnel Actions - early warning & intervention can identify
officers who need assistance by providing their supervisors with an alert for significant
incidents. Supervisors should be compelled to take employee actions and provide reports
when they conduct their required quarterly review of data. Costs can be saved through
fewer disciplinary cases, and addressing poor performance before the officer gets to a
point of termination can save careers.
o Reduced Costs in the Community - EIS can identify troubled or poor-performing officers
and ensure supervisors take corrective action to prevent expensive claims and lawsuits.
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Better performing officers also lead to better interaction with residents providing greater
value.
RECOMMENDED EARLY WARNING& INTERVENTION SYSTEM DATA
This report provides only a basic explanation of key elements of a premier early warning &
intervention system. Less inclusive systems can be nearly as effective but only if they contain the
critical components needed to make effective decisions regarding both exceptional and troubled
employees. In addition to the information needed to make knowledgeable assessments of
employee performance, it’s critical to know how to use the information and to incorporate
comprehensive procedures to ensure the data isn’t wasted. Proper training, documentation, and
procedures are necessary for an effective EIS.
To have a premier EIS, an agency would need to include all the following information in an EIS:
o Awards
o Promotions
o Arrests*
o Discretionary Arrests (disorderly conduct, public intoxication, obstructing, interference
with officer/administration of law)
o Traffic Stops*
o Vehicle Pursuits*
o Search/Seizure*
o Subject Resistance*
o Weapons Discharge (intentional and unintentional)*
o Training records
o Transfers
o Secondary employment
o Officer injury
o Criminal investigations*
o Civil Claims and Lawsuits*
o Citizen Complaints*
o Suspensions
o Disciplinary action
o Unauthorized leave
o Sick leave*
o Vehicle collisions*
o Mandatory counseling*
o Missed court appearances*
o Loss of Equipment*
o Officer subject to restraining order*
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A Department may opt to include only portions of the above listed data. However, a Department
should include the following (*) as a minimum to identify officer performance problems. Each of
these indicators can be indicative of an underlying crisis, especially when they are accompanied
with other indicators in other performance measures.
This data can help identify struggling officers. Some studies have shown up to 25% of a
Department’s officers grapple with substance abuse. An officer experiencing this difficulty may
also be experiencing financial problems and relationship problems that will affect the officer’s
performance. The supervisor, using an early warning & intervention system, may observe the
officer’s productivity has decreased in arrests and traffic stops while the officer has demonstrated
an increase in sick leave, missed a court appearance, received a citizen complaint, had a vehicle
collision, lost a piece of equipment, and been counseled by a supervisor. Although there may only
be one instance or two in each of those areas, the culmination of alerts and the type of
performance measures signaled can indicate substance abuse problems.
Other studies indicated many officers suffer from post-traumatic stress syndrome due to the
nature of their work. Many of those officers and their supervisors fail to recognize PTSD and
would not know how to get help for themselves or their subordinates even if they did recognize it.
A Pew Research Center survey of officers published on March 9, 2017, found that nearly one in
five officers (21 percent) were frequently angry and frustrated on the job. It also found those
officers more likely to support more physical or aggressive policing. The anger, the frustration, the
prospect of policing more physically and aggressively, and the excessive use of alcohol
dramatically decrease the likelihood that an officer will have a successful career.
An officer experiencing anger management issues may be the subject of alerts for use of force, a
restraining order, a criminal investigation, a lawsuit, a citizen complaint, excessive sick leave, and
counseling by a supervisor. Although there may only be one instance or two in each of those
areas, the culmination of alerts and the type of performance measures signaled can indicate
anger management problems. Alerts in each of the areas listed above have the potential of
identifying officers in need to intervention.
Access to Information
Only the supervisors in an officer’s chain of command should have access to the performance
measures of any officer. Each sergeant should have access to all EIS information for each
subordinate. Each lieutenant should have access to each sergeant and all the officers or
detectives reporting to those sergeants. This process should be continued through the chain of
command until the chief of police has access to all Department personnel. This maintains the
confidentiality of personnel information.
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Peer Groups
For a supervisor to be able to decide whether an officer’s performance is exceptional, normal or

substandard, it is helpful for a supervisor to have a benchmark of the performance of all other
officers performing similar duties in similar work environments.
The Department should determine which officers comprise a group conducting similar duties.
This could be the officers on a shift in the same duty location or officers throughout the
Department working the same type of job on the same shift (i.e. patrol on the PM shift or patrol
on the night shift). Once the peer group has been determined, supervisors will be able to conform
to the current Department requirement, “Unit assignment/function and geographic area of
responsibility should be taken into consideration.” The EIS will have already made those
determinations and provided them to the supervisor for comparison.
Alerts
Alerts should be automatically delivered electronically to supervisors when actions in any of the
performance measures exceed the thresholds established for those areas. The Department should
determine the thresholds. Suggestions are listed in the following two groups of alerts.
Alerts should be provided in one of two categories, possibly identified as a “yellow” alert and a
“red” alert. Yellow alerts should inform supervisors a threshold has been passed and a red alert
should inform supervisors when a significant threshold has been passed.
For the first group of alerts, a yellow alert would notify a supervisor if an officer had one instance
of any activity listed of any activity recorded in the first list during the prior quarter. Each of these
incidents is important although they do occur occasionally. A red alert would notify a supervisor if
an officer had two instances of the same type in any of the following during the prior quarter. It is
unusual for an officer to have two instances of the same type in the prior quarter such as, weapon
discharge, officer injury, criminal investigation, civil claim or lawsuit, complaint, unauthorized
absence, vehicle collision, or mandatory counseling, missed court, disciplinary action or
suspension, loss of equipment, or restraining order. Not all police activities should be measured
by the number of incidents, such as arrests, traffic stops, or use of force. They cannot be
indicated for an alert with one or two instances since many officers would be identified rendering
the alerts meaningless.
Some Departments establish a higher threshold they determine to be meaningful. However,

determining a certain number such as 5 incidents of a use of force should prompt an alert may
provide alerts for a significant number of officers working a particular duty location and/or shift,
while officers working other duty locations or other shifts, when the type of police actions required
are significantly different, would not be indicated by an alert.
Although the first group of incidents prompted alerts for either one of two incidents in a quarter,
the second group of incidents should be determined by comparisons to the officers’ peer groups.
Comparisons with peer groups ensure officers' activities are only measured with other officers who
JUNE 30, 2021 57

work in similar environments. The best method to determine the officers who make more arrests,
use force, and conduct more searches than their peer group is to make those determinations
using standard deviations.
Standard deviations provide the best method to determine those officers who are involved in
specific incidents when numbers would not provide the best assessment. Officer activities in a
certain number of incidents that are one standard deviation above the norm would be indicated
with a “yellow” alert while those incidents that are two standard deviations above the norm would
be indicated by a “red” alert.
The bell chart listed would indicate approximately 13-14% of officers would be identified by a
yellow alert while approximately 2% of officers would be identified by a red alert.
The second group of incidents prompting an alert by standard deviations would include:
o Arrests
o Discretionary Arrests (disorderly conduct, public intoxication, obstructing, interference
with officer/administration of law)
o Traffic Stops
o Vehicle Pursuits
o Search/Seizure
o Subject Resistance
o Secondary employment
o Sick leave
Simply because an officer is the subject to an alert, or even several alerts, based on determined
thresholds, does not indicate the officer was involved in any wrongdoing. Alerts are only intended
to prompt supervisors to review an officer’s performance. Some alerts should be expected
including uses of force, searches/seizures, and sick leave since some officer must be one or two
standard deviations above the norm.
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A supervisor should review the information contained in each alert such as one for searches. If the
officer’s searches were appropriate and the incidents were properly documented, it may
demonstrate the officer is one of the high performers in that area for the Department. The early
warning & intervention system can be used to identify high performers as often, or even more
often, than identifying troubled employees. The high performers may be considered for open
assignments where they have demonstrated initiative, knowledge, and experience such as
completing legal and effective searches.
Reviews With MCPD Employees
It is important that supervisors meet with their subordinates when a supervisor encounters an
alert or alerts when the supervisor determines a need to confer with the officer or following a
quarterly review of all the information contained in the early warning & intervention system.
Conferences with subordinates have shown to have an impact on their behavior and performance.
For example, supervisors meeting with officers following more than one citizen complaint, many
times, have shown a reduction in complaints received by the officer. The officer realizes a
supervisor is monitoring the officer’s performance and the meeting provides reinforcement that
the supervisor is prepared to take appropriate supervisory action.
To help determine whether an officer’s performance is exception, satisfactory, or substandard,

supervisors should review the data from all police officer activities looking for patterns in officer
actions that are specific to policing (i.e. citations, search, weapon discharge, etc.), administrative
matters that are provided as officer background for a supervisor (i.e. training records, injury,
awards, etc.), and officer actions that sometimes occur but are not beneficial to the officer or the
Department (civil claims, complaints, suspensions, etc.). It is not expected that officers will have
activity in these areas while performing their duties. Having activity in these areas, especially
without significant activity in those performance indicators specific to policing, is an indicator of
problematic employee performance.
Interpreting EIS Data
The EIS provides the data to help supervisors assess their subordinates’ performance. EIS cannot
take the place of the many years of training and experience supervisors gained during their
careers. However, supervisors must genuinely determine if the data provided to them indicates
acceptable performance or indicates problematic performance. Failure to identify and reward
positive performance tends to discourage the best performers while failure to identify and take
appropriate action neglects the needs of those performing poorly, poses liability for the
Department, and ignores the exceptional service the community expects.
Supervisors have options to recommend to their superiors by using the EIS data and their own
training and experience to suggest the following actions.
JUNE 30, 2021 59

o Award – If the supervisor genuinely is convinced the EIS data identifies superior
performance and can explain those reasons, the supervisor should recommend some type
of positive reinforcement such as a unit citation or Department commendation. Continued
exceptional performance for several quarters should provide officer recognition as officer
of the month/quarter/year or other accolade.
o No action necessary – If the supervisor determines the data identified acceptable
performance, the supervisor should recommend no action is necessary.
o Monitoring – If the supervisor is unable to determine if the data may indicate an officer
experiencing difficulty, the supervisor should provide monitoring. Monitoring should be
defined as an identified number of occasions the supervisor physically observes the
officer’s performance whether it be as backup on a traffic stop, backup on a call for
service, more periodic reviews of the EIS for the officer, or other deliberate actions to
observe the officer’s performance. Specific direction as to the number of occasions should
be provided to supervisors such as 20 or 30 incidents of monitoring in a three-month
period.
All monitoring actions should be documented as indicating positive performance, normal

performance, or poor performance. The monitoring document should be provided as
demonstrating follow-up during a future command staff meeting designated to review EIS data
and reviews just as crime statistics are reviewed to determine police deployments and
investigations.
o Training – Recommendations may include additional training in areas such as:

• Human relations
• Cultural diversity
• Verbal de-escalation
• Defensive tactics
• Driving
• Department policy/procedures
o Counseling – Recommendations may include counseling in areas such as:
• Employee Assistance Program
§ Personal or family counseling
§ Financial counseling
§ Drug/alcohol counseling/treatment
§ Anger management counseling/treatment
§ Physical exercise program/weight management
o Reassignment – Recommendations may include reassignment such as:
• Temporary field training
• Temporary reassignment to another duty location
• Permanent reassignment to another duty location
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Documentation
All supervisor/subordinate meetings should be documented and be considered when completing

the quarterly reviews and when completing performance evaluations. Quarterly reviews should be
documented on a Department form to be forwarded to the supervisor’s superiors and for
presentation at a quarterly command staff meeting. The form should include specific information
gleaned from the early warning & intervention system alerts and from the supervisor’s quarterly
review. That review should explore whether a pattern was identified. The first part of the quarterly
review document should include an account of any officers who were subject to monitoring or
remedial action from the prior quarter as follow-up.
Another section of the report should list officers who have the greatest number of alerts along with
a description of the supervisor’s assessment. Other sections should include officers who are
identified with red or yellow indicators in critical areas such as use of force, searches/seizures,
citizen complaints, and indications of biased policing.
Training & Command Staff Meetings
Training should be provided to officers so they understand what the early warning & intervention
system tracks and how the supervisors will use the system when the supervisors receive alerts
and when they complete their quarterly reviews.
Supervisors should be provided a manual and receive training from the manual explaining how the
supervisors should review and process alerts. In addition, they should be instructed how to
perform quarterly reviews searching for patterns, how to document their review, and how to make
proper recommendations according to their findings.
Managers should receive the same training as supervisors so they understand what the
supervisors are analyzing and how they are expected to provide the managers with meaningful
recommendations regarding officer performance. The managers will need to understand how the
quarterly command staff presentations are conducted. They will also need to understand the
reasons for the meetings which are to 1) inform all command staff members of the performance
of employees they may be receiving, 2) to ensure there is consistency in addressing employee
performance within the Department, and 3) for younger command staff members to learn from
the experiences of more experience personnel and the chief.
Command staff meetings should be scheduled quarterly. There should be mandatory attendance
by section/district commander or their delegate. The delegate should be prepared to present the
quarterly report.
Just as a Department meets regularly to discuss criminal activity and efforts to reduce crime and
solve the crimes that have occurred, there should be a presentation by each commander or each
unit to discuss all of their subordinates identified by EIS. The presentation should also explain
what actions were taken to reward high performers and those actions taken to address poor
JUNE 30, 2021 61

performance. Once the commander of a unit provides the presentation, other members attending
should have to opportunity to ask questions and offer remarks.
The entire EIS will be only as effective as the dedication and professionalism demonstrated by
command staff members at this meeting.
Bias-Free Policing
Biased policing is a grave concern for any Department. Agencies should take every effort to ensure
they track and review all officer interactions that could lead to a claim of biased policing. All the
following police actions should be documented and include the race and sex of the person
stopped by each officer. The accumulation of data regarding sex and race can help the
Department identify instances where the Department may want to take action and to provide
evidence to the community that the Department considers bias-free policing serious enough to
track, monitor, and address areas of concern: traffic stops, arrests, Discretionary arrests, Subject
resistance incidents, Search and seizure incidents, Vehicle Pursuits, Weapons Discharge
(intentional), Lawsuits, claims, and Citizen Complaints.
In the event a complaint of racial bias is received against any officer, any detective or supervisor
assigned to investigate the complaint has access to a wide range of police actions to assist in
determining if there is any indication of a history of actions taken by any officer against any
particular group of citizens. Of course, that information can only be gauged if compared to the
officer’s peer group to ascertain if the percentages of each action, such as in arrests, is similar to
the percentages of the officer’s arrests.
RECOMMENDED MCPD EIS PROCEDURES
Having the most comprehensive early warning & intervention system will not be useful unless the
supervisors understand how to use it and procedures are in place to ensure there is proper follow
through.
A complete EIS system should include procedures to ensure the data provided to supervisors has
been viewed and appropriate recommendations were made. The best early warning & intervention
systems ensure the following.
1. All data is provided to each officer’s immediate supervisors and managers.
2. Peer groups have been identified for each officer assignment.
3. Thresholds have been established as to when a supervisor will be informed when a

subordinate’s activities exceed those of the subordinate’s peer group.
4. Alerts are sent to an officer’s supervisor when surpassing thresholds.
5. Training is provided for all supervisors to ensure they understand the early warning &
intervention system, how to use it, and the benefit from using the system.
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o All supervisors should be provided a manual during the training period for their
retention and use when reviewing alerts, completing periodic (quarterly) reviews,
and when completing performance evaluations. The manual should be all-inclusive.
6. There are immediate supervisor reviews including supervisor/subordinate conferences as

determined by Department policy.
7. Quarterly reviews are completed including the following:

o There is supervisory review of all data,
o There are supervisor meetings with all subordinates to review EIS information to
accomplish:
§ Corrections if information is incorrect,
§ Apprise officers their performance is being regularly reviewed,
§ Meetings are completed in conjunction with regular conferences with
officers. The meetings should,
• Update subordinates on their progress prior to the next
performance evaluation, and to
• Inform them of weaknesses and provide an opportunity to improve.
8. All periodic reviews should be documented and include the supervisors’ recommendations
with follow-up actions to their superiors.
9. The prepared quarterly report should be forwarded to the section

manager/commander/captain for their review, approval and presentation at a quarterly
command staff meeting specifically established to discuss the data, supervisors’ findings,
and their recommendations.
10. A regularly scheduled quarterly command staff meeting dedicated to discussing EIS data
and performance/recommendations should be conducted to ensure all supervisors
completed the quarterly reviews, documented them, and that there has been follow-
through on recommendations.
VII. MCPD ORGANIZATIONAL OVERVIEW
The MCPD experienced organizational change in 2019. Chief J. Thomas Manger retired after 15
years of service and Assistant Chief Russ Hamill succeeded him as Acting Chief of Police. Shortly
thereafter, Chief Hamill was announced as the new Chief of Police for the Laurel (MD) Police
Department and Chief Marcus Jones was announced as the Acting Chief of Police for the MCPD.
Additional vacancies in MCPD leadership occurred when Assistant Chief Laura Lanham left to
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become Deputy Chief of the Rockville City Police Department and Assistant Chief Dave Anderson
retired.
In November 2019, the Montgomery County Council confirmed Chief Marcus Jones as the official
Chief of Police. Due to the COVID-19 pandemic, four new assistant chiefs were not confirmed until
April 2020. They are Assistant Chief Ron Smith, Assistant Chief Tom Didone, Assistant Chief Willie
Parker-Loan, and Assistant Chief Dinesh Patel. 16 The Department will also be adding a new
administrative Assistant Chief of Police role.
MCPD STRUCTURE
Chief Marcus G. Jones, who was sworn in on November 8, 2019, leads the Department, and has
more than thirty years of experience on the Department.
MCPD is divided into four bureaus and the Office of the Chief. The four bureaus are the Patrol
Services Bureau, Field Services Bureau, Investigative Services Bureau, and the Management
Services Bureau. The Patrol Services Bureau contains the general policing districts and the
Special Operations Division (SOD).
The SOD consists of the Canine Unit, Emergency Services Unit, Police Community Action Team,
Special Events Response Team, and Tactical Unit. The Investigative Services Bureau consists of
the Criminal Investigations Division, Auto Theft, Fraud, Family Crimes, Major Crimes, and Special
Investigations Division. The Management Services Bureau is largely a civilian support bureau that
consists of Emergency Communications, Budget, Personnel, Training, and other Support Services.
As evident through the four bureaus, MCPD provides countywide law enforcement services to the
residents of the incorporated cities of Rockville, Gaithersburg, and Takoma Park. Other
municipalities that fall within Montgomery County, and thus in MCPD’s jurisdiction, are
Barnesville, Brookeville, Chevy Chase, Friendship Heights, Garrett Park, Glen Echo, Kensington,
Laytonsville, Poolesville, Somerset, and Washington Grove. However, Rockville and Gaithersburg
maintain their own police Departments that are meant to complement MCPD. Furthermore,
Maryland State Police patrol Interstate highways 495 (the “Beltway”) and 270 and MCPD with
investigations of major crimes. MCPD also assists the Metropolitan Police Department of the
District of Columbia with its duties in neighboring jurisdictions. This includes the District of
Columbia, Howard County, Baltimore City, and Prince George’s County. This review focuses on the
Montgomery County Police Department specifically.
16
Asst. Chiefs Smith and Didone have since retired.
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The Montgomery County Police Department (MCPD) includes approximately 1,300 sworn officers
and approximately 700 support personnel. The Department serves a diverse population of
approximately 1,000,000 residents.
POSITIVES: ORGANIZATIONAL STRUCTURE
The assessment of the organization structure of the Department indicates the MCPD is well
organized relative to Departments of its size, nationally. MCPD appears to have a unit or section
for every imaginable occurrence or crime. The Assistant Chiefs and Captains of Divisions we
interviewed for this review were all well-versed in processes and directives, professional, and
intimately familiar with their Department functions, needs, and the progress and development of
those units. All were forthcoming with information, articulate, and understanding of the need for
and questions relating to this audit and review of the MCPD.
DISCUSSION: ORGANIZATIONAL STRUCTURE
The stated Mission of the MCPD is to:
“Safeguard life and property, preserve the peace, prevent and detect crime, enforce the
law, and protect the rights of all citizens and that they are committed to working in
partnership with the community to identify and resolve issues that impact public safety”.
The Montgomery County Police Department is a nationally recognized, Commission on

Accreditation for Law Enforcement Agencies (CALEA) accredited agency, having successfully
completed their 8th re-accreditation on-site review in July 2020. Law enforcement accreditation is
a voluntary process that demonstrates a Department’s commitment to professionalism and to
maintaining current professional law enforcement standards. Since its creation over three
decades ago, CALEA has awarded accredited status to approximately 600 agencies, just 3% of the
nation’s 18,000 policing agencies.
The general requirements for entry-level police officer in Montgomery County greatly exceed the
national average. A Bureau of Statistics study in 2003 found that 83 percent of all U.S. police
agencies require a high school diploma. To join the MCPD, the general requirements for
applicants include: an Associate degree (60 college credits) or equivalent, or three years of active
duty military service with an honorable discharge, or three years of full-time law enforcement
experience recognized by the MCPD. A very comprehensive background investigation is conducted
for all potential hires. The hiring process includes a written examination, scored interview,
polygraph examination, and psychological and medical examinations. To be promoted to the rank
of Sergeant, or above, supervisors must have successfully completed a bachelor’s degree, at a
minimum.
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The Chief of Police, Marcus Jones, is responsible for administering the Department in accordance
with applicable laws and regulations, and ensuring MCPD organizational goals are being met. The
Internal Affairs Division, reporting directly to the Chief of Police, is responsible for ensuring the
integrity of the Department by thoroughly and objectively investigating complaints of employee
misconduct.
The Department is organized into the Office of Chief of Police and four bureaus: Patrol Services
Bureau, Field Services Bureau, Investigative Services Bureau, and Management Services Bureau.
Each of these bureaus is under the command of an Assistant Chief. All four bureaus are grouped
by function under the control of the Chief of Police. The approved FY21 Operating Budget for the
police Department is $281,446,640, a decrease of $13,880,689, or 4.70% from the FY 2020
budget. Personnel costs represent 83.04 % of the budget, with a total of 1,898.86 FTE’s.
Operational expenses count for the remaining 16.96 % of the FY21 budget.
PATROL SERVICES BUREAU. The Patrol Services Bureau is the largest of the bureaus and
provides direct police service through patrol and investigative functions. The Department is served
by six district stations: Rockville, Bethesda, Silver Spring, Wheaton, Germantown and Montgomery
Village. In 2020, the Department reported responding to 727,500 calls for service. The Patrol
Division includes: Administrative Support; the Community Engagement Division; Community
Services and District Community Action Teams (DCAT); Patrol Investigative Units; plainclothes
Special Assignment Teams (SAT); Traffic Squads and the Duty Commander who provides Field
Supervision.
FIELD SERVICES BUREAU. The Field Services Bureau provides specialized police and community
services through various functions of the Department, including: Administrative Support; Public
Information Division; Security Services Division; Special Operations Division (Homeland Security,
Emergency Services, Search Operations, and Special Events Response Team); Tactical Support
Section (Canine, SWAT, Crisis Response and Support Section); and Traffic Division (Automated
Traffic Enforcement, Schools Safety, Special Traffic Operations).
INVESTIGATIVE SERVICES BUREAU. The Investigative Services Bureau provides police service
through investigative functions, including: the Criminal Investigations Division (Central Auto Theft,
MCP Crime Lab, Forensic Services Section, District Investigative Sections and Financial Crimes);
Major Crimes Division (Fugitive Section, Homicide Section, Missing Persons/Cold Case, Robbery
Section and Victim Witness Assistance Section); Special Investigations Section (Criminal
Enterprise and Gang Unit, Electronic/Technical Surveillance Unit, Repeat Offender Unit, Vice and
Intelligence Unit, Digital Intelligence and Analysis Unit); Drug Enforcement Section (Drug
Interdiction Team, Drug Investigative Unit, Firearms Investigative Unit, Major Offender/Conspiracy
Unit, Pharmaceutical Unit); and the Special Investigations Division (Child Abuse/Sexual Assault,
Child Exploitation, Domestic Violence/Elder Abuse, Sexual Assault, Missing Persons/Runaway
Section, Polygraph Section).
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MANAGEMENT SERVICES BUREAU. The Management Services Bureau provides staff support
services for the patrol and investigative functions of the Department, including: Administrative
Support, Communications Division; Employee Health and Wellness; Information Management and
Technology (Crime Analysis Section, Field Services (desktop/laptop, Body Worn Cameras, mobile
video systems, Interview Room recordings); Records Section; Records management Unit;
Technology Section (Database and Cloud applications); Legal and Labor Relations; Management
and Budget Division (False Alarm Reduction, Financial and Grants Management, Fleet
Management, Procurement and Logistics, Vehicle Recovery); Personnel Division (Administrative
Section, Background Section, Volunteer Resources Section); Policy, Planning and Quality
Assurance Division (Policy Development, Planning and Research section, Accreditation and
Quality Assurance Section); Training and Education Division (Field Training and Evaluation,
Firearms Training, Leadership Development Institute, Training Development Section, Training
Operations Section) and Capital Development and Facilities Section.
COMMUNITY ENGAGEMENT DIVISION. The Community Engagement Division, located within the
Patrol Division, provides resources and services to the Department and community to “strengthen
relationships through open, transparent communication and proactive engagement. The Division
focuses on building trust and relationships with partners and communities through awareness,
education & prevention, outreach, and engagement.” The Department reported 2,090 community
engagement events in 2019 and 2,004 events in 2020, during the COVID-19 pandemic.
COMMUNITY RESOURCES BUREAU. The MCPD embraces the concept of community policing as
a philosophy and an organizational strategy. The Community Policing approach allows the police
and the community to work closely together in creative ways to solve the problems of crime or
fear of crime; address physical and social disorder; and advance the overall quality of life in the
community.
The Department’s Vision Statement includes working in cooperation with the community they
serve; working to enhance community relations; and building trust through transparency,
accountability and strong leadership. Additionally, the Department strives to be a premier agency
by employing a highly educated, diverse, and technical workforce that utilizes purpose-driven
technology, and effectively balancing their resources to meet the Mission.
The Department intends to add a noteworthy and innovative new Community Resources Bureau,
and recently advertised nationally for a new management position to lead this Bureau. A non-
sworn, civilian employee is expected to provide leadership and oversight as the Assistant Chief of
the Community Resources Bureau. The new bureau will be responsible for overseeing the
Department’s Community Engagement Division, the Public Information Office, and the Policy and
Planning Division.
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The job announcement advertises,
“The individual should embody a commitment to building and sustaining community trust
and productive partnerships that enhance public safety. This position will serve as a senior
member of the Department’s leadership team responsible for innovation and creativity to
take on contemporary challenges facing law enforcement”.
The County sees this position as a “unique opportunity to be a transformational force”.

Montgomery County desires the ideal candidate to possess an openness to new information,
different perspectives, and a willingness to consider new solutions to persistent public safety
concerns.
The Assistant Chief overseeing the Community Resources Bureau is expected to manage a large
organizational unit by assigning work priorities to subordinate units. The new position, among
other administrative duties, will represent the County government and the Chief of Police in
various forums concerning controversial and sensitive police matters by explaining goals and
objectives, by responding to questions, misunderstandings, and apprehension, and by gaining the
support of groups being addressed/bridging the gap between the police and the community. The
process for hiring the new Bureau Chief is well underway and, at this writing.
INTERAGENCY PARTNERSHIPS
The Department has interagency cooperative relationships with the Montgomery County Sheriff’s
Office, the Gaithersburg Police Department, the City of Rockville Police Department, the Maryland
State Police, the City of Takoma Police Department, the Chevy Chase Village Police Department,
and the Maryland National Capital Park and Planning Commission Police Department. These
agencies have signed Memorandums of Understanding (MOUs), when appropriate, and the level of
cooperation while delivering service to the residents of Montgomery County is exceptional.
Dependent on the size of the Department in the cooperative relationship with Montgomery County,
the Memorandums of Understanding are unique to each agency.
POSITIVES: INTERAGENCY PARTNERSHIPS
The County enjoys remarkable, mutual relationships with outside agencies and has for many
decades. Leadership throughout the County and in municipalities works closely, in a relatively
seamless fashion. Most of the agencies are nationally accredited and there is a high level
expectation for professionalism – which is demanded and expected by the Montgomery County
community.
JUNE 30, 2021 68

DISCUSSION: INTERAGENCY PARTNERSHIPS
In Montgomery County, the Sheriff’s Office serves as the arm of the Court and performs court-
enforcement activities such as: court security, warrant service, civil service, evictions, emergency
petitions, prisoner transportation, extraditions, attachments and child support enforcement – to
name the major activities. The deputies are uniformed and in marked cars, and on occasion they
do make traffic stops and perform “back up assistance” to Montgomery County officers.
Generally, Deputy Sheriffs do not respond to calls for service.
GAITHERSBURG & ROCKVILLE CITY. The two largest Departments working closely with MCPD
include the Gaithersburg Police Department and Rockville City Police Department. These
municipalities have chosen to employ their own Departments for providing added service and
protection over and above what Montgomery County services. City and County Police officers have
concurrent authority and responsibility for the enforcement of all applicable City, County, and
State laws within their geographical boundaries.
This unique relationship has been demonstrated as effective and successfully operational over
many decades. It is expected, and written in the MOU’s, that the County Police shall provide
services within each City to the same extent and degree as services performed and furnished in
other areas of the County. While this is a long-standing agreement, it is clear that if the City
Departments, each with approximately 60 sworn employees, chose to eliminate their respective
Departments, Montgomery County would have difficulty maintaining the same level of service
without adding additional personnel.
City officers respond to calls for service on the Montgomery County dispatch channel and write
police reports in the County’s Report Management System (RMS). All of these Departments have
been accredited by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA)
since 1993, and all are committed to the Community Policing philosophy.
OTHER MUNICIPALITIES. Takoma Park is another municipality within Montgomery County. The
City of Takoma Park and Montgomery County also have a unique relationship. They both
acknowledge that while the County has “territorial” law enforcement jurisdiction over the entire
County, including the City, the County has agreed and practiced for over 65 years not to exercise
this jurisdiction within the City limits. Since 1949, Takoma Park Police have been responsible for
providing police protection throughout their entire corporate limits. Takoma Park operates its own
Communications and Records Division but shares appropriate reporting information with
Montgomery County.
The Village of Chevy Chase is a smaller municipality of approximately over 700 homes, in just
under one-half square mile, abutting the Washington, DC boundary. The Department of eleven
sworn positions maintains its own 24-hour communications division, and works closely with the
MCPD, monitoring calls and responding to community needs. The Chevy Chase Village Police
Department is also a nationally accredited agency. The Village maintains the Department to
provide an extra level of service for their residents, including vacant house checks while
community members are away from home.
JUNE 30, 2021 69

DEPARTMENT RULES (CODE OF CONDUCT- CONFORMANCE TO LAW)
The overall policy of the Department is to ensure that all employees maintain an exemplary
standard of personal integrity and ethical conduct in their relationship with other employees and
the community. Department rules are designed to cover situations in which no deviation or
flexibility is permitted. The policy includes acceptable and customary language for Department
rules and expectations of a proper code of conduct.
POSITIVES: MCPD CODE OF CONDUCT RULES
MCPD policy includes standard policy language on code of conduct, expected of police
departments implementing 21st century policing. The reviewed MCPD Function Code 300 is
thorough and exhaustive. It was recently updated in June 2020, most likely to ensure the
Department is meeting all expectations of the community in relation to current events and the
need for well-defined direction and transparency.
DISCUSSION: MCPD CODE OF CONDUCT RULES
Some of the more pertinent policy language to our audit of the MCPD includes the following areas
below.
Conformance to Law
MCPD policy states,
“Employees are required to adhere to Departmental Rules and Regulations, Departmental

Directives and Memoranda, Montgomery County Personnel Regulations, County
Administrative Procedures, Executive Orders, Montgomery County Code, and to conform
to all laws applicable to the general public.”
Abuse of Authority
MCPD policy states,
“The lawful authority entrusted to police officers will not be used improperly to interfere
with the lawful conduct of anyone. All officers must carry out their duties in a
nondiscriminatory manner.”
JUNE 30, 2021 70

Use of Force
MCPD policy states,
“Officers will use force only in accordance with law and Departmental procedures and will
not use force more than is objectively reasonable to make an arrest, an investigatory
stop/detention or other seizure, or in the performance of their lawful duties, to protect
themselves or others from personal attack, physical resistance, harm, or death. No officer
will use force in a discriminatory manner”.
Duty to Intervene
MCPD policy states,
“It shall be the duty of every officer present at any scene where physical force is being
applied to either stop, or attempt to stop, another officer when force is being
inappropriately applied or is no longer required”.
Carrying of Credentials & Identification
MCPD policy states,
“Credentials will be displayed upon request. Employees will furnish their full name and
identification number to all persons who request same when the employee is acting in an
official capacity.”
Conduct Unbecoming
MCPD policy states,
“No employee will commit any act that constitutes conduct unbecoming an employee of
the Department. Conduct unbecoming includes, but is not limited to, any criminal,
dishonest or improper conduct.”
This section adds these comments:
“As county employees, we are constantly being observed and judged by the community we
serve. Improper behavior on the part of any employee, on or off duty, tends to reflect
unfavorably on all employees and the Department.
“Conduct unbecoming” is a highly controversial regulation and often viewed as a “catch

all” offense. Although non-specific, “conduct unbecoming” has been upheld in court for
certain acts committed by police officers both on and off duty. The following examples of
“conduct unbecoming” have been upheld by various state and federal courts throughout
the country: speeding, placing an unauthorized poster in a squad room, lying in a
JUNE 30, 2021 71

Departmental investigation, excessive absenteeism, profane language in public, barroom

fighting off duty, ticket fixing, assault on a fellow officer, annoying and/or molesting bar
patrons off duty, illegal possession of marijuana, horseplay with firearms, misuse of a
police radio to criticize a superior, and the failure to cooperate with an internal affairs
investigation.
The following examples of conduct that the courts have found to be unbecoming include
embarrassing the Department by neglecting “discretion” and vigorously enforcing
municipal ordinances; disrespectful, but private, language to the Chief of Police while
under emotional stress; and filing a libel suit. These lists, although not inclusive, further
indicate how courts nationally have viewed police conduct both on and off duty. Although
these court cases have involved police officers, no employee will commit any act which
would reflect unfavorably on the Department or the county government.”
Untruthful Statements
MCPD policy states,
“Employees will not make untruthful statements, either verbal or written, pertaining to
official duties.
Courtesy
MCPD policy states,
“Employees will be courteous and discreet to members of the public. Employees will
maintain proper decorum and command of temper, and avoid the use of violent, insolent,
or obscene language”.
Discrimination/Harassment & Use of Derogatory Language
MCPD policy states,
Employees of the Department will not discriminate against, harass, or use derogatory
language in referring to any other employee or citizen on the basis of race, color, national
origin, religion, sex, or any other basis as prohibited by county, state, and federal law.
Employee will not take nor contribute to any reprisal or adverse action against any
individual or group of individuals having opposed discriminatory practices or having
participated or assisted in a charge, investigation, or proceedings brought under
Department policy, or county, state, or federal law.
JUNE 30, 2021 72

Supervisors and/or managers of the Department will conduct a prompt and candid inquiry
into any instance of alleged discrimination or harassment that comes to their attention. All
information regarding such allegations will be documented and forwarded to the Internal
Affairs Division.
The Montgomery County Department of Police will continue to prohibit officers from
exercising police powers in a manner that unlawfully discriminates against individuals
based on race, national origin, gender, religion, or ethnicity. In addition, except in the
situation described below, officers will not, to any degree, use the race or national or
ethnic origin of drivers or passengers in deciding upon the scope or substance of any
action in connection with a traffic stop or a checkpoint or roadblock stop. Where officers
are on the lookout for, or are seeking to stop, detain, or apprehend, one or more specific
persons who are identified or described in part by race or national or ethnic origin, officers
may rely in part on race or national or ethnic origin in taking proper action.
WRITTEN DIRECTIVE SYSTEM
The MCPD has an elaborate written directive system made up of Rules, Function Codes,
Headquarters Memoranda, Training Bulletins, Training Modules and Procedural Manuals. There
are rules that prohibit specific behavior and rules that require the performance of certain duties.
Function Codes contain policies and procedures that the Department has established in order to
operate effectively. Policies are general statements guiding the organization toward attainment of
its goals. Procedures are specific guidelines to assist employees in handling a wide range of tasks.
Headquarters Memoranda are used to provide a means of relaying information of a specific nature
Department-wide and may be utilized for interim implementation of policy and procedural
changes. There are also Entrance Level Training Rules and Regulations used to prepare police
officer candidates.
POSITIVES: WRITTEN DIRECTIVES
The written directive system is well designed, with many reviews and signoffs at the appropriate
levels. Even though many policies were issued many years ago, even decades ago, the content of
each is reviewed annually for any necessary changes. There is a complete review system for
implementations, including signoffs from SMEs, legal advisors, union contract representatives and
several Executive-level officers.
DISCUSSION: DIRECTIVES
The MCPD has been accredited every 3-4 years since 1993 through independent assessors
representing the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). While
CALEA does not normally do “deep dives” into analyzing statistics and case file investigations,
these assessors do examine a wide range of critical policies and practices to insure they meet
national standards. The Department has had many favorable reviews more than two decades. The
JUNE 30, 2021 73

MCPD was most recently re-accredited for the 8th time in July 2020 with favorable remarks by the
independent CALEA assessors.
Training bulletins are developed by the Training and Education Division and issued to employees
to introduce new legislation recently passed by the state legislature or on other pertinent training
subjects. Training modules are developed to meet mandated training needs of the Department.
Procedural Manuals provide more lengthy explanations for tasks requiring in-depth instruction.
Examples of Procedural Manuals include the Field Report Manual and the Citation Manual.
All written directives are issued by the Chief of Police and researched and reviewed by a wide-
range of Subject Matter Experts, the Policy and Planning Division and the Department’s Legal
Section. If a provision of a regulation, Departmental directive, rule, or procedure conflicts with a
provision of the contract, the contract prevails except where the contract provision conflicts with
State law or the Police Collective Bargaining Law (FOP Contract). The Department can violate the
collective bargaining agreement if it unilaterally alters a condition of employment impacting a
mandatory subject of bargaining without first giving the union an opportunity to bargain.
Each component of each Bureau is responsible for keeping apprised of current laws and best
practice trends relating to their respective policies. Policy changes are sent to the FOP in draft
form and either agreed upon or both parties go before a permanent umpire for final resolution as
to whether the changes are bargainable. All policies, once approved, are entered into the Power
DMS system where officers are responsible for signing off that they have read and understand
each policy.
VIII. MCPD AUDIT NEXT STEPS
This preliminary report covers or initial review of the organizational structure of the Montgomery
County Police Department, its internal affairs system including approaches to handling uses of
force, mental health response, recruitment & hiring, and assessment of the training Academy.
This preliminary report is a draft; the MCPD audit is still underway. A final report is expected to
be released in the Fall. Our team is currently continued the review of MCPD, and our final report
will include additional findings and observations related to Community Policing & Engagement,
MCPD Operations & Management, and MCPD Systems & Technology. Finally, during the course of
the MCPD audit, there has been active state law, CBA, police union, and local legislative activity
that will be relevant to the path forward for enhancing 21st century, bias free policing in
Montgomery County, MD.
JUNE 30, 2021 74

JUNE 30, 2021 75

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REVIEW OF THE MONTGOMERY COUNTY, MARYLAND POLICE DEPARTMENT

REVIEW OF THE MONTGOMERY COUNTY, MARYLAND

REGARDING REVIEW OF THE MONTGOMERY COUNTY POLICE DEPARTMENT

JUNE 30, 2021 1

I. Executive Summary ................................................................................................................. 3

Preliminary Summary Findings & Key Recommendations ......................................................... 4

II. Use of Force & Internal Affairs .............................................................................................. 10

Use of Force Policy ................................................................................................................ 10

III. Mental Health Response ...................................................................................................... 19

MCPD Crisis Response Policy ................................................................................................ 19

IV. MCPD Education & Training ................................................................................................. 31

Recruit Training .................................................................................................................... 32

V. Recruitment & Hiring Practices ............................................................................................. 42

Hiring System ....................................................................................................................... 43

VI. Early Intervention System .................................................................................................... 54

Recommended MCPD EIS Procedures ................................................................................... 62

VII. MCPD Organizational Overview ........................................................................................... 63

MCPD Structure .................................................................................................................... 64

VIII. MCPD Audit Next Steps ..................................................................................................... 74

JUNE 30, 2021 2

JUNE 30, 2021 3

Our preliminary recommendations are summarized below.

PRELIMINARY SUMMARY FINDINGS & KEY RECOMMENDATIONS

USE OF FORCE, REPORTING, AND INVESTIGATIONS

Based on our findings, as detailed in Section II we make the following recommendations:

t Determine a single repository for use of force and IA incidents.

JUNE 30, 2021 4

MENTAL HEALTH RESPONSE

JUNE 30, 2021 5

JUNE 30, 2021 6

RECRUIT EDUCATION AND TRAINING

SUMMARY FINDINGS. We reviewed recruit training (MCPD Academy), in-service training,

t Adopt training constructs in curriculum design of the Academy

JUNE 30, 2021 7

Cultural Diversity & Bias-Free Policing Training

Community Policing Training {to be supplemented]

JUNE 30, 2021 8

RECRUITMENT & HIRING

Based on our review, as detailed in Section V, we offer the following recommendations

t Add a cloud-based technology as a streamlining measure and to increase effectiveness and

JUNE 30, 2021 9

II. USE OF FORCE & INTERNAL AFFAIRS

USE OF FORCE POLICY

OBSERVATIONS: USE OF FORCE & RESPONSE TO RESISTANCE POLICY

JUNE 30, 2021 10

USE OF FORCE REPORTING

2014 Annual Use of Force Report

2015 Annual Use of Force Report

JUNE 30, 2021 11

2016 Annual Use of Force Report

2017 Annual Use of Force Report

2018 Annual Use of Force Report

JUNE 30, 2021 12

2019 Annual Use of Force Report

USE OF FORCE & INTERNAL AFFAIRS INCIDENT REVIEW

OBSERVATIONS: MCPD USE OF FORCE INCIDENT REVIEW

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JUNE 30, 2021 14