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INDEPENDENT ASSESSMENT

MIDDLETOWN POLICE DEPARTMENT


600 EAST EMAUS STREET
MIDDLETOWN BOROUGH, DAUPHIN COUNTY,
PENNSYLVANIA

February May 2015

Table of Contents
ABOUT TRANSPARENCY MATTERS, LLC (TMLLC): ......................................................................................... 4
ABOUT THE ASSESSORS: ............................................................................................................................... 6
INTRODUCTION: ............................................................................................................................................ 8
REASON FOR ASSESSMENT: ........................................................................................................................ 11
SUMMARY ASSESSMENT FINDINGS: ........................................................................................................... 12
DETAILED ASSESSMENT FINDINGS:............................................................................................................. 17
AREA ONE: BUDGETING ............................................................................................................................. 18
DISCUSSION:............................................................................................................................................ 18
NOTES: .................................................................................................................................................... 18
RECOMMENDATIONS: ............................................................................................................................ 18
AREA TWO: DIRECTIVES/TRAINING............................................................................................................ 20
DISCUSSION:............................................................................................................................................ 20
NOTES: .................................................................................................................................................... 20
RECOMMENDATIONS: ............................................................................................................................ 20
AREA THREE: EQUIPMENT ......................................................................................................................... 23
DISCUSSION:............................................................................................................................................ 23
NOTES: .................................................................................................................................................... 24
RECOMMENDATIONS: ............................................................................................................................ 26
AREA FOUR: FILES AND RECORD KEEPING ................................................................................................. 28
DISCUSSION:............................................................................................................................................ 28
NOTES: .................................................................................................................................................... 29
RECOMMENDATIONS: ............................................................................................................................ 30
AREA FIVE: INVESTIGATIVE REPORTING .................................................................................................... 31
DISCUSSION:............................................................................................................................................ 31

NOTES: .................................................................................................................................................... 31
RECOMMENDATIONS: ............................................................................................................................ 32
AREA SIX: PERSONNEL................................................................................................................................ 34
DISCUSSION:............................................................................................................................................ 34
NOTES: .................................................................................................................................................... 34
RECOMMENDATIONS: ............................................................................................................................ 35
AREA SEVEN: PHYSICAL FACILITY ............................................................................................................... 37
DISCUSSION:............................................................................................................................................ 37
NOTES: .................................................................................................................................................... 37
RECOMMENDATIONS: ............................................................................................................................ 38
AREA EIGHT: PROPERTY MANAGEMENT SYSTEM (PMS) ........................................................................... 40
DISCUSSION:............................................................................................................................................ 40
NOTES: .................................................................................................................................................... 41
RECOMMENDATIONS: ............................................................................................................................ 41
AREA NINE: SCHEDULING AND OVERTIME ................................................................................................ 43
DISCUSSION:............................................................................................................................................ 43
NOTES: .................................................................................................................................................... 43
RECOMMENDATIONS: ............................................................................................................................ 45
AREA TEN: TRAFFIC AND NON-TRAFFIC CITATIONS, WRITTEN WARNINGS, AND PARKING TICKETS........ 47
DISCUSSION:............................................................................................................................................ 47
NOTES: .................................................................................................................................................... 47
RECOMMENDATIONS: ............................................................................................................................ 49

ABOUT TRANSPARENCY MATTERS, LLC (TMLLC):


On May 21, 2010, Lieutenant Colonel John R. Rick Brown, Deputy Commissioner of
Administration and Professional Responsibility was honorably discharged after completing over
twenty-nine years of service with the Pennsylvania State Police. Looking for the next great
challenge, he launched Transparency Matters, LLC (TMLLC) located in Harrisburg,
Pennsylvania.

Mission Statement:

TMLLC is focused on building public trust through developing transparent police


policies (where appropriate and does not compromise officer safety and/or organizational
integrity) and processes that reduce organizational risk and enhance trust within and
outside the law enforcement organization. TMLLC is committed to quality public
service by promoting police accountability, diversity, community education, training,
independent assessment, and monitoring while engaged with law enforcement
organizations and their affected communities.

After his retirement, Lt. Colonel (Retired) Brown began serving on independent monitoring
teams involving federal/state Consent Decrees for the Oakland Police Department, Detroit Police
Department, and the Niagara Falls, NY Police Department.
Lt. Colonel (Retired) Brown has been retained to provide investigative services for the
Municipality of Anchorage, Alaska and made recommendations to the Anchorage, Alaska Police
Department regarding their policies and procedures to mitigate sexual misconduct. Brown is a
Subject Matter Expert (SME) on the Metro East Police District Commission (MEPDC), East St.
Louis, IL project with the Office for Justice Programs (OJP) Diagnostic Center. Brown was a
consultant with the Puerto Rico Police Departments Office of Professional Responsibility.
During his career with the Pennsylvania State Police, Lt. Colonel Brown retained executive
oversight of the operations of the Departments Bureau of Integrity and Professional Standards,
Department Discipline Office, Equal Employment Opportunity Office, Heritage Affairs Office,

Office of Risk Management/Early Intervention Program, Bureau of Training and Education,


Bureau of Human Resources, Member Assistance Program, and Recruitment and Special
Services Office.
Lt. Colonel Brown was responsible for overseeing the departments reform and accountability
efforts in all areas of personnel misconduct with specific emphasis on sexual harassment/sexual
misconduct, sworn member domestic violence, use of force, and early intervention/risk
management initiatives. Brown led the development of the departments Equal Employment
Opportunity Offices statewide liaison program.
Lt. Colonel Brown served on the Pennsylvania Governors Executive Diversity Council
regarding Commonwealth Diversity Recruiting Initiatives with the Office of Diversity
Management which led to the recruitment of minorities and women for employment. The
diversity effort extended to training and mentoring opportunities for minorities and women in
state government.
Lt. Colonel Brown served on the following Advisory Committees with the International
Association of Chiefs of Police (IACP): Linking Local law Enforcement Internal Affairs
Practices and Community Trust Building, Employing Returning Combat Veterans as Police
Officers, and Police Response to Persons with Mental Illness.
He has a bachelors degree in Criminal Justice from Elizabethtown College and a masters
degree in Business Administration from Eastern University.
Lt. Colonel Brown is a graduate of the 211th Session of the FBI National Academy in Quantico,
Va. and holds a certificate of achievement in law enforcement education from the University of
Virginia.
Lt. Colonel Brown is a member of the International Association of Chiefs of Police (IACP),
Pennsylvania Chiefs of Police Association, Pennsylvania Governors Diversity Council, National
Internal Affairs Investigators Association (NIAIA), National Organization of Black Law
Enforcement Executives (NOBLE), International Association of Ethics Trainers (IAET),
Keystone Technical Institute-Criminal Justice Advisory Committee, and a lifetime member of

Delta Mu Delta, International Honor Society in Business Administration, Gamma Pi Chapter,


Eastern University, St. Davids, PA.
Brown, who is known as Rick, was honorably discharged after serving four years in the United
States Navy.
ABOUT THE ASSESSORS:

Jon D. Kurtz retired from the Pennsylvania State Police in 2011 having attained the rank of
Lieutenant Colonel. Over a nearly twenty-seven year career, he served in various areas of the
state in patrol, criminal investigation, vice, and administrative capacities. During his tenure as
deputy commissioner of staff, Lt. Colonel Kurtz administered an $850 million budget, oversaw
the agencys technology and communications functions, directed state-wide laboratory services,
developed department-wide standards and policies, and managed the departments research and
development efforts, to include accreditation. While serving in the field, Lt. Colonel Kurtz
oversaw the criminal investigative and undercover functions of the department while assigned as
the director of the Bureau of Criminal Investigation. He also served as the commander of the
eleven-hundred members of Area I, and commander of the four hundred members of Troop H,
Harrisburg. Noteworthy contributions/events include the Camp Hill Prison Riots, creation of the
Pennsylvania Criminal Intelligence Center (PaCIC) and Watch Center, Pittsburgh G-20 Summit,
and command of the 2006 Amish School Shooting in Lancaster County. Lt. Colonel Kurtz is a
nationally recognized speaker on the topic of school violence. He also is a published author of
two crime novels.

Charles Skurkis has enjoyed a variety of career experiences within the criminal justice arena.
He served as an investigator for a district attorney, a juvenile detention center supervisor, and a
probation officer. Most significant, however, was his thirty-three year career with the
Pennsylvania State Police. Retiring in 2011, he concluded his tenure as Deputy Commissioner
of Administration and Professional Responsibility holding the rank of Major. As Deputy
Commissioner Major Skurkis was charged with direct oversight of many components of the

Pennsylvania State Police including: human resources; risk management; training and education;
heritage affairs, discipline; recruitment; equal employment opportunity; early intervention; and
the Members Assistance Program (MAP). Beyond his assignments as a patrol trooper and then
criminal investigator, most noteworthy were his twenty-six years of investigative and
administrative experience within the realm of the Bureau of Integrity and Professional Standards.

INTRODUCTION

The Borough of Middletown (Borough) has engaged the services of TMLLC as a police
consultant since July 2014. TMLLC previously assisted the Middletown Police Department
(MPD) with executive search protocols, internal investigations, and now with this project, a
complete and through organizational assessment, analysis, and appropriate recommendations for
improvement. It is important to acknowledge that prior to the official request to conduct this
assessment, Borough officials, MPD members, other law enforcement personnel, and citizens
had expressed concern with the current state of operations within the MPD. Accordingly, the
Borough of Middletown and the MPD are commended for acknowledging deficiencies may exist
and having the institutional will to request and follow through with the recommendations of this
independent assessment.
The following independent assessment (current State of Play) of the MPD is not a judgment of
any single individual or group of individuals within or outside the agency, but more an
evaluation of policies, procedures, and practices in place within the department, which may be
indicative of future success or failure. Though often difficult to separate the agency from its
personnel, the reader is cautioned to assume this agency view as this document is reviewed.
Independent assessments are utilized by an agencys executive(s) to view their organization
through the eyes of others who are familiar with generally accepted police practices and
professional standards. Some benefits of an assessment include:

Discovery of weak directives and/or a weak directive system. A formal system of


directives establishes standards for expected employee behavioral and facilitates
consistency of action.

Review of policies, procedures, and practices to ensure efficient and effective utilization
of resources and compliance with statutes and regulations in a manner that results in
positive community interaction.

Identify training weaknesses that prevent the department and its members from achieving
success.

Ensure department reporting practices are legally and practically sound and provide for
proper decision-making and resource allocation.

Review of an organizations structure to identify clear chains of command and facilitate a


unified chain of command.

Identify areas of potential agency risk, such as claims of failure to train and failure to
supervise personnel. Addressing identified deficiencies will limit exposure to lawsuits,
conceivably reducing the number of lawsuits and the cost of liability insurance, and the
cost of negative judgements.

Improve confidence in the agency from the public and public officials.

Improve confidence in the agency from within its ranks.

Provide a roadmap for agency success and future sustainability.

All agencies should open themselves to regular assessments or audits. Staff inspections or
audits, concentrating on directives and procedures, and line inspections, focused on field activity
and practice, provide an essential tool for assessment from within. Progressive agencies take the
added step of welcoming assessment from outside the organization. Progressive leaders seek the
best for themselves and their agency.
In regard to the assessment of the MPD, assessors were on site during the period of February 23,
2015 to March 27, 2015. Their findings have been consolidated and memorialized in this
document. For ease of understanding and review, this document includes a table of contents and
a summary of assessment findings prior to presentation of the detailed findings.
In light of the number and breadth of recommendations presented, it is clear that a commitment
to positive change will require financial investment, dedication of manpower, allocation of time,
and other resource outlays from the Borough and the MPD. It is suggested the MPDs Chief and
other appropriate authority prioritize those recommendations to be acted upon and determine the
order in which they are to occur.

Much too often, complacent organizations and their personnel become resistant to change
Conversely, the most effective organizations continually strive to reinvent themselves and
perform more efficiently. Change is a constant in a successful organization.

As a word of encouragement, during this assessment, Chief John Bey, his members and
employees, and the Borough governing body, were found to be cooperative, forthright, and
welcoming of positive change. These are signs this agency and its personnel are dedicated to
improving their department as well as enhancing their services to the citizens of the Borough.

With this in mind status quo is not an option for the MPD, nor does it seem to be the desired path
of its Chief, members, or Borough officials. In both a general and specific sense, positive change
is needed and, therefore, its associated costs appear necessary.

2015 Transparency Matters, LLC


This assessment report and the accompanying documentation (Attachment #1) were prepared for
the exclusive use of the Borough of Middletown and the Middletown Police Department by
Transparency Matters, LLC. The views expressed are the views of Transparency Matters, LLC
and do not necessarily reflect the views or the opinions of the Borough or the MPD. Information
contained in this document is from a number of sources and, as such, does not necessarily
represent Borough or departmental policy or procedure.
Lt. Colonel (Ret.) John R. Rick Brown
President
Transparency Matters, LLC

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REASON FOR ASSESSMENT

MPD Chief John T. Bey and the Borough Public Safety Committee requested TMLLC conduct
an assessment of following areas of the MPD:

Patrol

Crime

Evidence

Training

Data Systems

Policies

Internal Accountability Processes (Citizens Complaints, Internal Investigations, and


Discipline)

Scheduling and Overtime Usage

Equipment

This project will outline operational and administrative deficiencies found during the review and
the final comprehensive report will include recommendations for change and sustainability.
Adopting the recommendations outlined in this report serves as a road map for positive change
for the MPD. The assessment conducted by TMLLC, and any subsequent corrective action taken
by the MPD, should be completed prior to the investment of department resources seeking any
form of law enforcement accreditation.
All recommendations adopted by the MPD from this assessment should be incorporated into
department directives and all personnel appropriately trained on their provisions.

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SUMMARY ASSESSMENT FINDINGS

The following summary of assessment findings is provided, prior to presentation of the detailed
findings. It is not intended as an exhaustive study, but rather a tool for the MPDs Chief and
Borough officials to use as a reference. This summary follows the same alphabetical format as
the Detailed Assessment Findings section of this report.
Note: For this assessment, the term directive, or its plural directives, refers to the written
form, unless otherwise indicated. This definition is further explained in the Introduction
of Attachment (1).
Area One Budget

Active budgeting is a necessary function of the Chief. This includes involvement in the
creation of the annual department budget, and, at a minimum, monthly
monitoring/oversight.

Creation of an appropriate budget and proper stewardship are crucial steps towards the
goal of obtaining public confidence in the organization and its personnel.

Area Two Directives/Training

A complete and organized manual(s) of directives should be developed, maintained, and


updated as necessary.

The need to index the manual(s) for quick reference is essential for efficient and effective
operations.

All members must be trained in, understand, and have access to department directives.

Directives provide personnel with the departments expectations and lead to consistently
appropriate behavior and action.

Personnel cannot be held to standards that do not exist.

This area will most likely require the most substantial commitment of time. It will also
have an impact upon the success of most other areas.

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Area Three Equipment

Issued Glock handguns should be evaluated for replacement. Age and recurring range
malfunctions were noted.

The department armory and lack of associated directive(s) does not currently serve the
needs of the department.

Both non-expendable and some expendable items should be inventoried at the department
level.

Certified and valuable equipment should be accounted for and secured. A process to
sign-out should be in place.

A detailed directive regarding Taser training, carry, and deployment should be in place.

A detailed directive addressing usage, procedures, and record retention for Mobile Video
Recorders (MVR) should be in place.

A system for maintaining easily accessible fully-charged radio batteries should be


implemented.

Area Four Files and Record Keeping

Administrative oversight is required to bring this area into compliance with statutory and
professional standards.

A specific individual should be identified as the department records custodian responsible


for filing, maintenance, retention, security, and purging of records.

The filing room should be fully utilized and an organizational system developed.

Records distribution and retention schedules must be developed and adhered to.

Review and purging of old files, particularly working case files, is necessary. This
should include submission of all discovered fingerprints cards as required by statute.

This is another area that will require significant effort.

Area Five Investigative Reporting

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Expectations regarding the level of detail required in report writing and appropriate
submission time periods should be codified in directive form and strictly enforced by
supervisory personnel.

Supervisors must conduct complete and timely review of department reports to ensure
compliance with basic investigatory premises, generally accepted policing standards, and
relevant statutes.

Failure to properly or timely investigate citizen complaints can drive a wedge between
the police and the very citizens they serve.

Again, this is an area that will require significant effort.

Area Six Personnel

Create an Executive Officer position, with the rank of lieutenant, that reports directly to
the Chief with the responsibility to oversee the reform effort and administrative function,
assist in drafting MPD policy, assist in dispute resolution, render disciplinary
recommendations, administer the auditing or inspection protocols.

Filling any future vacant positions as soon as possible should remain a priority.

Supervisors need to function as supervisors, not extra patrol officers. The administrative
and supervisory functions of the department are not receiving the necessary attention.

Empowering supervisors and administrators with commensurate authority and


responsibilities will likely provide significant short and long-term benefit.

Dual and cross-training of personnel should occur to ensure all specialized training is not
vested in a few members.

A formal organization chart, evaluation system, and disciplinary system should be


developed.

Area Seven Physical Facility

Building access should be limited to only MPD and authorized personnel.

Storage rooms and open spaces piled with old/discarded files should undergo an item-byitem review of all materials found within. Organization and consolidation of the

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northeast storage room could provide significant additional working area for the
department.

Permanent female locker space is needed.

Doorbell audio, or similar system, should be extended beyond the secretarys office area
and into the sally port and second floor patrol room. This would allow for the secretary
to perform ancillary duties while fulfilling receptionist expectations.

Area Eight Property Management System (PMS)

Reports contained within the IN-SYNCH RMS should indicate the location and status of
ALL evidence and items previously or currently within the custody of the MPD. This
includes transferring old records from the METRO RMS to IN-SYNCH.

In addition to the custodial officer, an alternate with similar authority in the PMS should
be assigned.

An initial item-by-item inventory of all evidence should be undertaken and documented


with periodic inspections and inventories following.

Firearms, money, drugs, and jewelry must be strictly segregated and secured from other
items.

Area Nine Scheduling and Overtime

Mandatory overtime should be reduced by filling approved vacant positions. Filling


future vacant positions as soon as possible should remain a priority.

Noted again, supervisors need to function as supervisors, not extra patrol officers,

Consideration should be given to employing a full-time secretary/receptionist to remove


many clerical duties from higher paid officers.

The Borough and the Chief need to apply an objective industry-approved formula to
determine overall and specific department staffing needs if deemed appropriate. A
staffing study was not part of this MPD organizational assessment.

Area Ten Traffic and Non-traffic Citations, Written Warnings, and Parking Tickets

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A system of accountability should be in place to ensure all citations are secure and
tracked from officer issuance to court disposition.

Citations and the related IN-SYNCH entry need to be completed fully and properly to
include race information.

The IN-SYNCH RMS should be fully utilized to take advantage of its ability to account
for citations, written warnings, and parking tickets.

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DETAILED ASSESSMENT FINDINGS

Detailed findings are provided in ten major categories which are listed in alphabetical order. The
categories are as follows:

Budgeting

Directives

Equipment

Files and Record Keeping

Investigative Reporting

Personnel

Physical Facility

Property Management

Scheduling and Overtime

Traffic and Non-Traffic Citations, Written warnings, and Parking Tickets

Methodology
Each category is presented in outline form including a heading for Discussion, Notes, and
Recommendations. Discussion contains background information on that major category not
typically known to the layperson. Notes are both positive and negative observations made by the
assessors about that major category during the assessment. Finally, Recommendations provide
steps to be taken in order to strengthen that particular category.
As a note, Area Two - Directives, is a major component of this assessment. As indicated
numerous times throughout this document, an agency without written standards cannot expect
nor demand specific behavior and actions from personnel. With this in mind, Attachment (1),
Directives Review, is included. This attachment provides detailed recommendations regarding
the need for a strong directive system within the MPD.

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AREA ONE: BUDGETING

DISCUSSION:
1. The Chief is provided an annual budget by the Borough.
2. A quarterly expenditures report is to be provided to the Chief from the Borough for
review.
NOTES:
1. A budget form entitled Borough of Middletown, Expenditures Report (Unaudited), as
of: January 31st, 2015 has been provided to the Chief for budgeting purposes.
a. The report contains headings for: Department Expenditures; Current Budget;
Current Period, Year to Date Actual; Outstanding Encumbrances; % of
Budget; and Unencumbered Balance.
b. Department Expenditures are displayed in terms of major categories, e.g.
Payroll Related, Office Supplies, Legal & Consulting.
c. Major categories of Department Expenditures are further reduced to minor
categories or subcategories, e.g. the major category Payroll Related is
broken down into minor categories to include, but not limited to, 01-410-120,
Salary Police Chief; 01-410-121, Salary Detective; 01-410-122, Salary
Detective OT.
d. Some minor categories are not provided a current budget and indicate a
negative balance, e.g. 01-41-120, Salary Police Chief shows no Current
Budget, yet a Current Period expenditure of $557.76 and an
Unencumbered Balance of (557.76).
2. The Chief indicates the Borough is willing to provide budget information in a format
requested by him.
RECOMMENDATIONS:
1. The Chief of the MPD should be an integral part of the establishment and oversight of
the annual budget.

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2. In order to fulfill his responsibility for completion, monitoring, and oversight of the
budget, the Chief should be provided with complete budgeting and expenditure
documents from the Borough Fiscal Department at least monthly. (Bi-weekly is not
out of the question, particularly regarding payroll.)
3. Reference Attachment (1), Section Seven, Fiscal Management, for recommendations
regarding directives related to budgeting.
4. The budget document format provided to the Chief by the Borough Fiscal Department
should include at a minimum:
a. Initial appropriation for each account. This is identified as Current Budget
on the Borough expenditure report.
b. Balances at the commencement of the monthly period. This is not included in
the Borough expenditure report.
c. Expenditures and encumbrances made during the period. This is identified as
Current Period and Outstanding Encumbrances on the Borough
expenditures report.
d. Unencumbered balance. This is identified as Unencumbered Balance on the
Borough expenditure report.
5. A fairly encompassing format might include the following additional categories:
a. Prior period balance after the Current Annual Budget.
b. Percentage of Annual Budget Remaining.
6. At the discretion of the Chief, this report or another may also include reference to
figures for the same period in previous years.

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AREA TWO: DIRECTIVES/TRAINING

DISCUSSION:
1. Most current directives were created either by the prior Chief, Steven Wheeler, or
current Chief John T. Bey.
2. The directives in existence appear to follow a format established by the Pennsylvania
Law Enforcement Accreditation Program (PLEAC) and/or the Commission on
Accreditation of Law Enforcement Agencies (CALEA).
NOTES:
1. MPD directives are documented as Special Orders or General Orders.
2. Existing directives are provided as stand-alone documents.
3. Officers maintain a mix of old and new directives.
4. Examples of directives, both old and new, were located scattered throughout the
patrol room, i.e., tops of cabinets, bulletin board, desk, and officers files.
5. Directives that are in place do not employ any practical indexing.
6. Officers have voiced confusion with regard to applying many seemingly vague
directives to real-time work-related situations.
7. Standards that are not written do not exist, and employees cannot be held to
nonexistent standards.
RECOMMENDATIONS:
1. A complete manual(s) of directives should be developed.
a. Separate manuals may be created specific to functional areas, e.g. field,
administrative, and operations.
b. A much needed operations manual should address expectations for reporting
and filing.
c. All manuals should contain numbered directives, a table of contents, and a
comprehensive index.

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d. Special or General Orders are typically temporary directives that address both
short-term and permanent issues.
i.

Directives of a short-term nature should be assigned an expiration


date and purged accordingly.

ii.

Issues of a permanent nature should be incorporated into an existing


manual.

e. Each manual should utilize a system of change sheets to track any additions
and/or deletions.
f. Manuals issued to individual officers should be subject to periodic supervisory
inspection to ensure they are up-to-date.
g. In order to facilitate the creation of policies and manuals, it is suggested the
Chief obtain example written policies from an established accrediting agency
such as PLEAC, CALEA, or from an accredited local police agency.
2. A central library (electronic and/or physical) should be established to house all
department directives and archives for historical information related to policy
development, revision, and cancellation.
3. Members should be provided with personal copies (electronic and/or physical) of all
department directives.
4. A general index identifying specific issues outlined within all department directives,
including cross-referencing, should be developed.
5. Training should be provided to all members regarding all new directives and/or
changes to existing directives. Initially it would be advisable to provide training on
ALL directives and subsequently afford remedial training as necessary, e.g.,
mandatory annual in-service training, roll call, etc.
6. Members should be required to document their receipt and understanding of all new
directives. As indicated previously, initially it would be advisable to require
documentation of receipt and understanding for ALL directives and associated
training.

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7. A specific individual (typically the Chief) should be identified as the custodian for
department directives and manuals. As with all records, standards should be
established for creation, filing, security, maintenance, retention, and purging.
8. A suggested list containing existing directives requiring alteration and new directives
requiring creation and implementation is included as Attachment (1).

22

AREA THREE: EQUIPMENT

DISCUSSION:
1. Based upon observation, the general condition of MPD equipment appeared
satisfactory.
2. Operationally, technology items such as desktop computers and printers were
adequate.
3. A new landline phone system was recently installed throughout the building
enhancing inter-office communication.
4. Each officer was recently issued a new smartphone.
5. Uniforms are furnished by the department (reimbursement for officers expenses) and
policy ensures replacement for wear and tear.
a. Uniform and Appearance Standards are governed by Special Order 1.
b. Uniform issuance, cleaning, and replacement are governed by Articles 30 and
32 of the Collective Bargaining Agreement (CBA).
6. Each full-time officer is assigned a permanent hand-held radio with unique personal
identifiers recognizable by the Dauphin County 911 Center.
7. The MPD currently has the following vehicles:
a. Four marked cars.
b. Two marked SUVs.
c. Two administrative unmarked cars (Chiefs car and a pool car).
8. All marked cars are of identical vintage and interior configuration, thereby ensuring
officer familiarization with equipment operation. Affiliated radio and computer
terminal enhancements appear adequate.
9. Each marked vehicle includes an installed shotgun and rifle rack.
10. The four marked cars and one SUV are outfitted with mobile video recorders
(MVRs).
11. A former ambulance is being outfitted to serve as a mobile command post for use by
the department and the Boroughs emergency management team.

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12. The station has a separately secured armory.


13. A department quartermaster is responsible for maintaining the emergency equipment
assigned to each patrol vehicle. Assigned officers are expected to notify the
quartermaster if any equipment must be replaced or replenished.
14. Each officer is issued a Glock semi-automatic .40 caliber pistol and a Taser.
NOTES:
1.

Several officers indicated their issued Glock pistols had been experiencing jams
during range firings.

2. Four portable weight scales were noticed in the sally port.


a. Haenni Load-O-Meter.
b. Bad was written on two scales.
c. No testing or certification information was noted on any of the scales.
3. Two Automated External Defibrillators (AED) are available.
a. One Cardiac Science AED (manufactured 2010) was located in the sally port.
It appears functional and maintenance components seem up-to-date.
b. The manufacturer suggests maintenance daily, monthly, and annually. No
documentation of maintenance was noted.
c. Department members receive AED training concurrent with annual CPR and
first aid instruction.
d. No department documentation of training was noted.
4. Furniture, computer/office equipment, and other non-expendable items have no
formal accountability at the department level.
5. No formal accounting or requisition process is in place at the department level for
expendable items.
6. Access to the secured armory was not immediately available to shift officers.
a. The only key which could be located was maintained by the off-duty firearms
instructor/armorer.
b. Supplemental ammo was stored in a flimsy cabinet outside the secured
protection offered by the armory.

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c. The armory was in general disarray.


d. Remington 870 shotguns were dirty.
i. Some exhibited rust.
ii. All appeared functional.
e. Bushmaster AR-15s were dirty.
i. Some exhibited rust.
ii. All appeared functional.
f. The environment inside and immediately outside the armory seemed humid.
The garage floor and bottom of cement block walls appeared to have been
moist at one point.
g. No provisions are in place to account for weapon or ammunition removal
from the armory if, in fact, such removal is authorized.
7. A gun safe outside the armory houses a limited supply of spare ammunition.
a. Each officer has been provided the combination and instructions to access the
safe.
b. The safe affords officers a place to store their personal and department issued
weapons when going off-duty.
c. The safe contains a .22 rifle with ammunition for animal disposal.
8. Currently, there is no unmarked vehicle fully committed to the detective assignment,
however, one has been ordered.
9. Certified and valuable equipment is not securely stored and accounted for. There is no
sign-out procedure for stop watches, VASCAR, weight scales, digital drug scale, or
AED.
10. There is no department directive governing the use of Tasers.
a. Records provided by the manufacturer are completed when a Taser is
discharged.
b. Although a department directive requires the completion of a MPD Use of
Force Report, this is not being accomplished nor enforced.
11. MVR audio/video footage is captured on a removable memory card.

25

a. There are no directives in place regarding MVRs.


b. Footage is not routinely reviewed by any supervisors.
c. Individual officer discretion determines what footage should be preserved.
i. Events which may develop into court cases are downloaded onto a
DVD and entered into evidence.
ii. Events which are brought to the attention of supervisors, for example
complaints of misconduct, would trigger supervisory intervention to
download applicable footage.
12. Battery chargers/jumpers were noted in the patrol room and two locations in the
garage.
13. Chargers for hand-held radios are not centrally located. Swapping out depleted
batteries for fully charged ones is not regulated.
RECOMMENDATIONS:
1. Issued Glock handguns should be evaluated for replacement.
a. Acquired for use eight years ago.
b. Some were employed in SWAT assignments/training which could account for
150 rounds per month in addition to rounds fired during official department
qualifications and personal officer familiarity.
c. Records of malfunctions should be compiled and considered to enhance
officer safety and reduce agency risk.
2. The armory should be readily accessible to shift officers in the event of an
emergency.
3. Ammunition stored outside of the armory should be moved inside for additional
security.
4. A dehumidifier should be incorporated inside the armory to combat moisture.
5. All weapons should be elevated off the floor to discourage moisture damage.
6. The addition of gun racks/wall mounts would prove beneficial.
7. Sign-out/in provisions should be implemented to ensure weapons/ammunition
accountability.

26

8. All department weapons should be accounted for and regularly inventoried.


9. Cleaning schedules of non-issued weapons and recording thereof should be
implemented.
10. Utilize IN-SYNCH capabilities to inventory expendable and non-expendable
department property.
11. Certified and valuable equipment should be accounted for and secured. A process to
sign-out should be in place.
12. Develop directives specifically addressing Tasers.
a. Carrying and proper handling.
b. Usage, storage, and, maintenance.
c. Medical concerns when employed.
d. Evidence collection and data recovery from the Taser.
e. Training, reporting, and recordkeeping.
13. A system for maintaining easily accessible fully-charged radio batteries should be
implemented.
a. Conveniently located.
b. Include log records for accountability and routine maintenance.
14. Develop directives addressing usage, procedures, and record retention for MVRs with
the emphasis on their capacity to:
a. Document actions and events.
b. Preserve evidence.
c. Enhance officer training.
d. Protect officers from malicious or false complaints of misconduct.
e. Protect the department from civil liability.

27

AREA FOUR: FILES AND RECORD KEEPING

DISCUSSION:
1. Most MPD crime and patrol related reporting is entered, reviewed, and maintained in
an automated records management system (RMS).
2. Prior to 2013, MPD along with most other Dauphin County police agencies utilized
METRO as their RMS. In mid-2013, MPD, in conjunction with other agencies,
transitioned from METRO to IN-SYNCH as the prevailing RMS.
3. METRO and IN-SYNCH are not compatible and information is not shared.
4. A METRO archive is available for legacy information.
5. Calls for service, not requiring escalation to a case (crime and traffic), are maintained
within the new RMS.
6. Escalated calls are maintained as a case (crime and traffic) in the RMS.
7. Officers often print out working files of cases to include the original call sheet, the
case report, list of evidence, and charging documents such as a criminal complaint.
The physical case files require filing and proper final disposition.
8. Traffic citations, non-traffic citations, warnings, and parking tickets can be entered
into the RMS; however, they are issued in physical form. Filing of officer and/or
disposition copies is required.
9. Most on-site files are retained in the patrol room on the second floor of the facility.
10. A small room houses the agencys main filing cabinets.
11. Six, four-drawer lateral filing cabinets are available for standard or large files.
12. Two double-drawer filing boxes are available for traffic and non-traffic citations.
13. A large room committed to miscellaneous storage including ten file cabinets was
situated at the northeast corner of the building.
a. Assorted arrest and investigative files, also known as working case files, were
found in this room.
b. These files remain untouched unless needed by the individual officer for
investigative purposes.

28

c. The files were deposited here during the 2013 relocation of the police
department from the Borough Municipal Building.
d. In addition to the file cabinets, many files are piled haphazardly on top of the
cabinets with little semblance of order.
14. Assorted working case files were also found piled in the first floor utility room
without any apparent order.
15. Assorted working case files were also found in file cabinets and piles in a secured
evidence area located in a garage at the rear of the Borough Municipal Building.
NOTES:
1. Sufficient filing cabinet space is available for storage of physical reports/documents.
a. Many second floor filing cabinets are only partially filled or empty.
b. Ten of the available twenty-four drawers are empty.
2. The majority of filled filing cabinet space is devoted to working files.
3. Working case files within the actual filing room are alphabetical and separated by
juvenile and adult.
4. Many traffic and non-traffic citations on file failed to indicate disposition.
5. A milk crate containing hearing notices and hearing notice logs was found on a filing
cabinet inside the patrol room door.
a. Hearing notices were on file as far back as 2011.
b. Purging seems appropriate.
c. Current process is for the part-time secretary to receive notices and place
hearings on each officers Outlook calendar. The notice is then filed in the
crate in the patrol room behind the officers name.
6. A file bin was located on a bookshelf inside the patrol room door. An overflowing
pile of paperwork filled the bin.
a. The paperwork seems to contain shift specific information in varying formats,
e.g. rosters and fax communications from the Dauphin County 911 Center.
b. Dates examined span from October 2013 to present.

29

RECOMMENDATIONS:
1. The filing room should be fully utilized. Files should not be located in various
secured and unsecured locations.
2. An organizational system should be established, e.g. separate files by purpose such as
administrative, patrol, and crime, then further breakdown by specific report type.
3. Distribution, retention, and purging schedules should be developed for each type of
record on file.
4. A specific individual should be identified as the department records custodian
responsible for filing, maintenance, retention, and purging.
5. Individual sign-out procedures/recording should be considered.
6. MPD should review each working case file, including those located in the storage
room, utility room, and the municipal building, and determine the status of each case.
a. Those with guilty dispositions should be checked for completed fingerprint
cards and photographs.
b. Any file deemed no longer active/required should be disposed of or archived
in accordance with department policies specifically promulgated and codified
to address such a situation.
7. Written directives should be established delineating all new duties, standards, and
expectations.
8. Training should be provided to all members regarding individual responsibilities as
well as all new duties, standards, and expectations.

30

AREA FIVE: INVESTIGATIVE REPORTING

DISCUSSION:
1. An effective reporting system remains the foundation for the efficient operation of any
law enforcement organization. Information gathering and an efficient means to record
it are critical to the core responsibilities of a police agency.
2. Although MPD has a viable resource for the recording of information, namely INSYNCH RMS, the quality and timeliness of entering information into IN-SYNCH is
paramount.
3. A random search of the IN-SYNCH call log beginning in 2013 through the present was
conducted. A sampling of criminal and accident calls was queried and the affiliated
police reports were reviewed. Deficiencies were revealed during our review and are
outlined in the following NOTES section of this area.
NOTES:
1. Almost exclusively, the actual reporting in IN-SYNCH ends with the initiation of the
arrest process.
2. Events such as photographing and fingerprinting accused are seldom reported in INSYNCH.
3. Mailing of completed fingerprint cards to the Pennsylvania State Police (PSP) is not
referenced in the reports.
4. Supplemental or follow-up investigations/reports are not properly assigned by
supervisors utilizing IN-SYNCH.
5. Current MPD practices do not automatically ensure continuing investigative action
and resolution for cases which extend beyond the initial call.
6. On occasion, the initial investigating officer ends their reporting entry with verbiage
suggesting the case would be turned over to a detective for additional investigation;
however, there would be no additional assignment or reporting in IN-SYNCH.
a. Although IN-SYNCH allows for such assignment and further reporting
accountability such as due dates, those aspects are seldom properly employed.

31

b. It should be noted, although IN-SYNCH may not reflect the assignments or


additional reporting, said events may have taken place outside the RMS and
not have been entered in a timely manner.
7. With regard to call logs, IN-SYNCH allows for a supervisor to approve a given call
log by simply checking a box.
a. This is not routinely done.
b. When there is approval, the vast majority appears to be the two sergeant
supervisors approving their own call logs.
i. For example, from January 1, 2015 thru March 9, 2015, there were a
total of 796 calls to the MPD.
ii. Of those, only 144 were approved, 135 of which were assigned to and
approved by the two sergeant supervisors.
iii. The remaining 652 calls have no discernible supervisory approval or
disposition.
RECOMMENDATIONS:
1. Information such as complete name, address, DOB, and race identifiers should be
entered in narratives for each person interviewed in a call/case/investigation.
2. Any reference in the narrative suggesting follow-up activity should result in further
investigative assignment within IN-SYNCH coupled with a plausible due back
date.
3. All follow-up investigations should be reported in IN-SYNCH in a timely manner.
4. The supervisory capabilities available within IN-SYNCH need to be better utilized
and routinely applied to each call/case.
a.

Each call needs to be reviewed by a supervisor in a timely manner.

b.

If no further investigative action is warranted, the call should be classified


as approved which would effectively close it.

c.

Should further investigation be required and/or if the call had not been
already escalated to a case by the investigating officer, the supervisor
should assign a case accordingly along with a reasonable due back date.

32

d.

Supervisors must closely monitor due back dates and notify assigned
officers when they fail to comply with the assignment.

e.

Supervisors must ensure all necessary investigative and administrative


steps are completed and reported accordingly in IN-SYNCH.

f.

The investigating officer and supervisor must decide when a case no


longer requires investigation and assign a disposition. The supervisor
should then conduct a final review within IN-SYNCH and, if the case
qualifies, classify it as completed.

g.

Agency criteria for archiving cases should be established and applied


accordingly.

5. Supervisors should review call logs daily.


a. Match with Call Summary Report or Dispatch Record and ensure proper
investigative action was taken.
b. Approve call accordingly.
c. Generate assignment(s) if necessary and assign due back.

33

AREA SIX: PERSONNEL

DISCUSSION:
1. The MPD has an approved complement of one chief, one crime sergeant, one patrol
sergeant, one criminal investigator, eight full-time patrol officers (currently two
vacancies), six part-time patrol officers (currently five vacancies), and one part-time
secretary.
2. In 2013, the approved MPD complement was one chief, one crime/patrol sergeant,
two patrol sergeants, two criminal investigators, nine full-time patrol officers, five
part-time patrol officers, a police secretary, and one dispatcher per shift to assist with
paperwork. Prior to 2013, in addition to the above there was one more sergeant
assigned to patrol.
3. The reduction in manpower has occurred through attrition in the face of significant
budgetary constraints as detailed in the Early Intervention Program plan adopted by
the Borough.
4. Since 2012 the MPD has been led by six different chiefs.
NOTES:
1. Anecdotal and statistical information indicates that officer morale is extremely low.
Reasons provided by officers include:
a. Changing/inconsistent leadership since 2012.
b. The perception of a lack of Borough officials support, resulting in a feeling of
distrust.
c. Reduction in manpower and clerical services since 2013, including
disbandment of the local dispatch function, resulting in significant overtime
and associated job dissatisfaction.
d. Change from the old RMS (METRO) to the new RMS (IN-SYNCH) in 2013
and lack of associated training.
e. Inability to access old data (METRO) and new (IN-SYNCH) seamlessly.

34

f. Mismanaged move from the Borough building to the new police station in
2013, resulting in significant disorganization which continues to exist.
2. No formal organizational chart is available for the department.
3. No job descriptions and/or essential job functions or notations (positive and negative)
are available.
4. The Chief maintains secured supervisory files for each officer and the part-time
secretary (employees).
5. Much of the departments specialized training and associated special assignments are
vested in one senior officer.
6. Department disciplinary files are stored with the employees personnel files at the
human resources entity in the Borough Municipal Building.
7. The department Code of Conduct is incomplete with regard to identifying specific
misconduct, associated mitigating factors, and appropriate penalties.
8. Web training is available from IN-SYNC to subscribing departments at no cost to the
agency.
RECOMMENDATIONS:
1. Create an Executive Officer management position (rank of lieutenant, non-bargaining
unit member) that reports directly to the Chief and assists with policy development.
The Executive Officer must also have the requisite authority to make disciplinary
recommendations for consideration as designated by the Chief.
2. Mandatory overtime should be reduced by filling approved vacant positions. Filling
any future vacant positions as soon as possible should remain a priority.
3. Provide additional position specific RMS training to officers and supervisors.
4. Allocate appropriate resources (time and manpower) to reorganize from the 2013
move into the new facility.
5. Specialized training and the associated specialized duties should be spread among
department members, e.g. Motor Carrier Safety Assistance Program (MCSAP),
Terminal Agency Coordinator (TAC), Justice Network (JNET) coordinator, firearms

35

instructor, armorer, etc. All specialized duties should be included within the essential
job functions for that involved member.
6. Dual and/or cross training should occur for all specialized functions.
7. A formal organizational chart should be completed and maintained on file for the
department.
8. Job descriptions and essential job functions should be developed for each
employee/position and be part of their supervisory file.
9. Standardized performance evaluations for each employee should be conducted at least
annually and made part of the supervisory file.
10. A specific individual (typically the Chief) should be identified as the custodian for
department supervisory and disciplinary files. As with all records, standards should
be established for filing, maintenance, security, retention, and purging.
11. Directives should be established delineating all new duties, standards, and
expectations.
12. Training should be provided to all members regarding all new duties, standards, and
expectations.
Footnote: This assessment does not address the specific issue of appropriate complement size.
A further in-depth study would be required, including, but not limited to, such factors as
Borough demographics, number of calls for service, number of self-initiated services, and
average officer time commitment to respond and report for each type call or service.

36

AREA SEVEN: PHYSICAL FACILITY

DISCUSSION:
1. MPD is currently housed in a two-story headquarters.
2. The agency moved from offices within the Borough municipal building to its present
location in early 2013 after carbon monoxide had contaminated their work areas in
the municipal building.
3. Renovations coupled with the existing building layout afford an operational station
environment which meets the current agency needs.
NOTES:
1. A portion of the building proper still houses the Boroughs Electric Department
which presents security issues due to several unsecured access points.
2. The utility room which serves the entire building, including the Electric Department,
is located within the MPDs floorplan. In addition to load centers (circuit breakers)
and water controls, the room contains arrest files stored in a pile.
3. A drive-thru garage area commonly referred to as the sally port is an excellent
enhancement which affords patrols an indoor, secure area in which to stop on station,
deliver prisoners, load equipment into a vehicle, or perform routine maintenance.
Each department vehicle is equipped with a remote garage door opener for
entrance/exit.
4. A large room located in the northeast corner of the station serves as a disorganized
storage area.
a. Access to this area is available from the Electric Department.
b. Based upon interviews, it appears nobody has formally evaluated the
collection of files, records, and assorted property to determine its current
usefulness to the department.
5. Although there are currently no female officers employed by MPD, the anticipated
hiring of several part-time officers in the near future may include a female. The only

37

current locker room is outfitted for males only and does not include provisions for
female accommodations.
6. Visitors to the department enter a front door which leads into a vestibule with a pushbutton doorbell.
a. A locked door prevents access from the vestibule into the lobby.
b. The part-time secretary, who also serves as the receptionist, is located in an
office immediately beyond the lobby.
c. The secretary has line-of-sight view of anyone entering the vestibule and
lobby and can control the electronic lock allowing access from the vestibule
into the lobby.
d. The secretary is frequently required to leave her office area to perform clerical
duties throughout the building.
e. The doorbell sounds only in the secretarys office.
RECOMMENDATIONS:
1. The potential for Electric Department personnel or their visitors to access the
department footprint within the building presents a significant security concern.
Those doors which may provide entrance should be secured from the MPD side with
appropriate locking mechanisms to prevent unauthorized entry.
2. The utility room, which is likely to be visited by repair personnel or other individuals
who may not have established authorization, should be cleared of all police reports
and arrest records.
3. The disorganized storage room, located in the northeast quadrant of the building,
should undergo an item-by-item review of all materials. Beyond identifying what
needs to be retained/relocated and what can be discarded, organization of the room
could provide significant additional working area for the department.
4. Although short-term temporary accommodations for the anticipated female officer
may be made available, consideration for permanent provisions should remain a
priority.

38

5. Consideration should be given to extending the doorbell audio beyond the secretarys
office area and into the sally port and second floor patrol room. This would allow for
the secretary to perform ancillary duties while fulfilling receptionist expectations.

39

AREA EIGHT: PROPERTY MANAGEMENT SYSTEM (PMS)

DISCUSSION:
1. The term evidence as used throughout this area also includes contraband and found
property which has been entered into the MPD property management system.
2. MPD utilizes the IN-SYNCH Property Management module to inventory and track
evidence which comes into its possession.
3. A secure evidence room and temporary holding area were incorporated into the
current station as new renovations in conjunction with the 2013 relocation from the
borough municipal building.
4. An orderly system of numbered bins and labeled shelving has been implemented to
codify location and assist in retrieving items entered into the system in the evidence
room.
5. A locking refrigerator and a locking freezer are available in the evidence room as well
as the temporary holding area.
6. The temporary holding area contains twenty temporary holding lockers in which
officers may securely place evidence pending action by the custodial officer to
transfer/log the evidence into the evidence room.
7. Access to the evidence room is managed through one assigned custodial officer
although the Chief also maintains keys.
8. Only the custodial officer manages the actual processing of evidence within the
evidence room and IN-SYNCH.
9. Reportedly, an inventory of evidence was conducted at the time of the 2013
relocation.
a. Considerable evidence has been disposed of.
b. The inventory was not documented.
c. No inventory has been conducted since.
10. Not all evidence data entries have been transferred out of the METRO data system
into IN-SYNCH.

40

NOTES:
1. Evidence is not always processed correctly once introduced into the PMS.
a. Evidence entered into temporary lockers is not being moved into the evidence
room in a timely manner.
b. Documentation on evidence envelopes should be more detailed. IN-SYNCH
labels are available, but often not utilized.
c. Location of evidence is not always reflected accurately within IN-SYNCH.
2. Many older cases require disposition for case and evidence.
3. Plenty of unoccupied space on the shelves.
RECOMMENDATIONS:
1. Evidence placed into temporary lockers must be recorded into the IN-SYNCH RMS.
a. Evidence tag/envelope should be more detailed or an IN-SYNCH generated
label should be attached.
b. Location of temporary holding should be accurately captured in IN-SYNCH.
c. Log sheets on exterior of holding lockers should be completed listing items
placed into the lockers then crossed out as the items are removed.
2. In addition to the custodial officer, an alternate custodial officer with similar authority
in the PMS should be assigned.
3. Evidence entered into the PMS should be dealt with in a timely manner.
a. Evidence in temporary holding lockers should be moved to the evidence room
as soon as practical.
b. Relocation should be accurately captured in IN-SYNCH.
4. A complete item-by-item inventory of all evidence should be undertaken.
a. Verify evidence descriptions and locations.
b. Evidence no longer needed may be properly disposed thereby freeing up
additional storage space.
c. Any seemingly dormant cases which should still be considered active could be
identified.
i. Assign follow-up cases with due back dates.

41

ii. Clear cases when appropriate.


5. Properly organize/utilize the evidence room with separately secured areas for:
a. Firearms.
b. Money.
c. Drugs.
d. Jewelry.
6. All existing evidence maintained in the METRO RMS should be transferred into INSYNCH.

42

AREA NINE: SCHEDULING AND OVERTIME

DISCUSSION:
1. Scheduling and overtime is controlled by the 2013 2016 collective bargaining
agreement (CBA), which has been the subject of collective bargaining and arbitration
for over one year.
2. The departments actual complement is one factor that strategically affects overtime
and scheduling.
a. The MPD has an approved complement of one chief, one crime sergeant, one
patrol sergeant, one criminal investigator, eight full-time patrol officers
(currently two vacancies), six part-time patrol officers (currently five
vacancies), and one part-time secretary.
b. In 2013, the approved MPD complement was one chief, one crime/patrol
sergeant, two patrol sergeants, two criminal investigators, nine full-time patrol
officers, five part-time patrol officers, a police secretary, and one dispatcher
per shift to assist with paperwork.
3. The reduction in manpower has occurred through attrition in the face of significant
budgetary constraints as detailed in the Early Intervention Program plan adopted by
the Borough.
NOTES:
1. Anecdotally, officers indicate the need for overtime to fill shifts has taken a toll on
officer morale and physical well-being.
2. During this assessment it was not unusual for an officer to work four or eight hours of
overtime in addition to an eight hour shift.
3. The Borough expenditure report indicates the MPD has utilized $10,505.57 of the
$175,000.00 allocated for Salary FT Patrolman OT for the 2015 fiscal year during
January.

43

a. It is assumed this category includes all department overtime as it is the only


overtime category provided funding.
b. This represents a 6% use with 94% remaining for the final eleven months of
fiscal year 2015.
c. Continued use at this level will result in an expenditure of approximately
$126,067, leaving approximately $48,933 in this minor budgetary category.
d. Use of overtime typically increases during the summer vacation periods.
4. Scheduling is accomplished utilizing all personnel to ensure two officers are working
per shift.
a. No formal edict requires two officers per shift.
i. Officer safety and community responsiveness are provided as support
for two officers per shift.
ii. Supervisors are scheduled as part of the typical patrol response and
therefore, perform very little actual supervisory or administrative
duties for the department.
5. Scheduling and overtime are controlled by the CBA.
a. Article 7, Work Schedule.
i. A requirement to post an annual proposed schedule seems onerous.
ii. Included language, Tentative and subject to change due
toreasons deemed by the chief of police to require such schedule
change, seems to lessen the burden and, in effect, nullify this
section.
b. Article 8, Overtime.
c. Article 9, Court Time.
d. Article 10, Compensatory Time.
e. Article 11, Temporary Pay.
f. Article 13, Court Time.
g. Article 14, Bereavement Leave,
h. Article 16, Holidays

44

i. Article 17, Personal Leave.


j. Article 18, Annual Leave.
k. Article 19, Shift Differential.
l. Article 20, Sick Leave.
m. Article 30, Family and Medical Leave.
RECOMMENDATIONS:
1. Mandatory overtime should be reduced by filling approved vacant positions. Filling
future vacant positions as soon as possible should remain a priority.
2. Consideration should be given to employing a full-time secretary/receptionist to
remove these duties from higher paid officers.
3. The Borough and the Chief need to apply an objective industry-approved formula to
determine department staffing needs if deemed appropriate.
a. Full-time needs should be filled with full-time positions.
b. The need for minimal patrol staffing should be part of the scheduling
discussion.
i. Minimal staffing requires staffing at levels above those identified by
objective measures, e.g. two patrol officers per shift, when objective
data indicates one would suffice.
ii. Minimal staffing typically occurs to ensure officer safety and to meet
the needs of the public.
c. Supervisors should not be included in the determination for patrol or criminal
investigative needs.
i. Currently, supervisors are utilized as patrol officers.
ii. Very few of the supervisory or administrative needs of the department
are currently being met.
1. No formal directive system is in place, i.e. no standards exist.
Employees are not and cannot be held to non-existing
standards.

45

2. A consistent review of department reports and functions does


not occur.
a. Few reports are reviewed and approved by a supervisor.
b. Report due dates are typically not assigned or enforced.
3. No formal and recurring reviews or inspections of policy,
activities, or equipment occur.
4. Evaluation, training, and discipline by supervisors does not
occur.
5. Only the most basic supervisory oversight is occurring.

46

AREA TEN: TRAFFIC AND NON-TRAFFIC CITATIONS, WRITTEN WARNINGS,


AND PARKING TICKETS

DISCUSSION:
1. Four hundred and fifty-nine (459) traffic citations were issued by the MPD in 2014.
2. One hundred and forty-two (142) non-traffic citations were issued by the MPD in
2014.
3. Written Warnings are issued at the officers discretion.
NOTES:
1. IN-SYNCH has the capability to manage traffic citations, including compiling
statistical reports regarding their issuance.
2. MPD is entering traffic citation information into IN-SYNCH.
a. Race information is frequently absent.
i. Of the forty-seven (47) citations entered for the period 01/01/2015
through 03/09/2015, thirty-three (33) did not include an affiliated race
identifier.
b. MPD is not entering disposition data for completed citations.
3. In most instances of self-initiated traffic citations, officers are either not generating a
call log entry to capture the incident in IN-SYNCH, or the traffic citation is not being
linked to the affiliated call log entry, which had been appropriately generated, at the
time the citation information is being entered into IN-SYNCH.
4. MPD maintained stacks of new (unissued) traffic citations in the file area of the patrol
room.
a. Three packets were found on top of a mail box and three packets in a nearby
filing drawer, of which three packets were broken open each with citations
missing.
b. There appears to be no accountability for their distribution to individual
officer(s).
c. The requisite security for unissued traffic citations is not in place.

47

d. The review team discovered two unissued traffic citations (C2105035-2 and
C2105036-3) co-mingled with a scratch pad and phone directory on top of a
patrol room work table.
5. Written warnings are issued using PennDOT form MV-433A, a two part hand-written
document.
a. Subsequent to issuance, a call log is initiated by the officer and recorded into
IN-SYNCH.
b. Officers maintain the department copy of the warning and are individually
responsible for ensuring compliance with those which require a response back
to the officer such as equipment violations and failure to produce required
documents.
c. It is each officers prerogative as to their methodology of handling completed
warnings.
d. There is no tickler file in place to monitor the issuance and return of written
warnings.
6. Although IN-SYNCH offers the capability of issuing/printing/managing written
warnings, MPD is not utilizing it. It should be noted full utilization would require the
addition of printers in patrol vehicles.
7. IN-SYNCH has the capability to manage non-traffic citations and it appears MPD is
entering the issue information accordingly. However, MPD is not entering
disposition data.
8. MPD maintained two stacks of unissued non-traffic citations in the file area of the
patrol room.
a. Six packets were located on top of a mail box, of which two were broken open
each with some citations missing.
b. There appears to be no accountability for their issuance to any individual
officer(s).
c. The requisite security for unissued citations is not in place.

48

9. Currently, it is possible to issue a non-traffic citation and not take a case number. The
consequences of not preparing a case report arise in UCR reporting whereby the
municipality would not be credited with either the affiliated crime committed or its
clearance by arrest.
10. Parking tickets, mostly paid, were splayed across a desk in the patrol room during this
assessment. No processing activity appeared to have occurred during this time.
RECOMMENDATIONS:
1. Security of unissued traffic and non-traffic citations is necessary.
a. IN-SYNCH offers management and accountability features.
b. MPD should develop and codify procedures commensurate with IN-SYNCHs
capabilities.
c. Distribution of unissued citations to officers should be controlled by a
supervisor.
2. Individual officer along with supervisor responsibilities should be identified and
incorporated into directives ensuring proper utilization of IN-SYNCH with regard to
citation issuance.
a. Complete entries, including race identifiers, should be documented on all
citations.
b. Call log entries should be generated for each traffic citation issuance unless
said issuance coincides with a call or case already in progress.
c. Call log entries along with a case generation should be required when nontraffic citations are filed/issued.
d. Disposition data should always be entered for completed citations.
e. Supervisory review to ensure the above are adhered to.
3. Directives should be considered to standardize the monitoring of those written
warnings requiring follow-up activity as well as the final disposition of warnings not
requiring any further action.
4. Consideration should be given to utilizing the IN-SNYCH RMS for the tracking of
parking tickets.

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ATTACHMENT (1)

DIRECTIVES REVIEW
Middletown Police Department
February/May 2015

Table of Contents
INTRODUCTION ..................................................................................................................................................2
VIABLE MPD DIRECTIVES ....................................................................................................................................4
SECTION ONE: BUDGET AND BUDGETING .........................................................................................................5
SECTION TWO: COMMUNICATIONS ..................................................................................................................8
SECTION THREE: CRIMINAL INVESTIGATIONS .................................................................................................10
SECTION FOUR: DIRECTIVES SYSTEM AND DIRECTION....................................................................................12
SECTION FIVE: EVIDENCE COLLECTION AND CONTROL ...................................................................................14
SECTION SIX: FORECASTING FUTURE NEEDS ...................................................................................................16
SECTION SEVEN: INTERNAL INVESTIGATION, DISCIPLINE, AND INSPECTION..................................................17
SECTION EIGHT: JUVENILE MATTERS...............................................................................................................22
SECTION NINE: ORGANIZATIONAL STRUCTURE ..............................................................................................24
SECTION TEN: PATROL AND TRAFFIC...............................................................................................................26
SECTION ELEVEN: PERSONNEL DISCIPLINE AND GRIEVANCE .......................................................................30
SECTION TWELVE: PERSONNEL: DUTIES AND DEPLOYMENT .........................................................................32
SECTION THIRTEEN: PERSONNEL EVALUATION PROGRAM.............................................................................35
SECTION FOURTEEN: PERSONNEL SELECTION AND DEVELOPMENT ...............................................................37
SECTION FIFTEEN: POLICE POWERS.................................................................................................................39
SECTION SIXTEEN: PRISONERS AND PROCESSING ...........................................................................................43
SECTION SEVENTEEN: REPORTS AND RECORD KEEPING .................................................................................45
SECTION EIGHTEEN: ASSISTANCE TO CRIME VICTIMS AND WITNESSES .........................................................47

Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

INTRODUCTION
This attachment will discuss department written directives. Websters dictionary defines a directive
as an order or instruction; something that serves to direct, and usually impel toward an action or
goal. Policies, procedures, and plans can be examples of directives. For this document, the term
directive, or its plural directives, refers to the written form, unless otherwise indicated.
Directive(s) in written form are typically less open to interpretation and challenge. A robust system
of valid directives promotes professionalism and standardizes behavior. It also contributes to the
agencys goal to provide exceptional service to the community, promote respect and enhance trust
between the department and the public, and provide guidance and support to department personnel.

Each of the eighteen sections in this document addresses a specific administrative or functional area
of the MPD in terms of whether the agency possesses existing directives that appears sufficient to
meet minimum generally accepted police standards, whether the MPD possesses existing directives
that appears to require modification in order to meet such standards, or whether the MPD lacks any
such directive(s). For simplicity, the sections are presented in alphabetical order.

Recommendations for modification of an existing directive or to create a new directive may be


combined at the discretion of the Chief or other authorized party. It is anticipated this may occur
with various recommendations listed under the same section heading, e.g. in Section One Budget
and Budgeting, some or all the recommendations included under the headings Modification of
existing directive recommended and/or Creation of new directive recommended might be
incorporated in one new and/or modified directive, i.e. a totally new directive is not necessary for
each individual recommendation.

In light of the number and breadth of recommendations in this document, any positive change will
require a substantial commitment from the Borough and the MPD, especially in terms of financial
and personnel resources. It is suggested the MPDs Chief and other Borough authority prioritize
those recommendations to be acted upon and the order in which they should be addressed.
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

Information regarding model policies for use in the creation of new or modification of old directives
is available from a number of professional law enforcement related organizations, e.g. CALEA
(Commission on Accreditation for Law Enforcement Agencies), PLEAC (Pennsylvania Law
Enforcement Accreditation Commission), and IACP (International Association of Chiefs of Police).

Consideration may be given to accessing the existing directive system of a similar law enforcement
agency that has received accreditation from one of the major recognized law enforcement
accreditation organizations. A strong directive system from a comparable agency can be adapted
for use within the MPD, theoretically saving time, money, and other valuable resources.

Finally, failure to enact a strong directive system that delineates clear and unambiguous standards is
a fundamental failing for any organization, particularly a paramilitary organization such as a police
department. Without standards, or with weak standards, an agency abdicates its need and right to
expect specific behavior and actions from its employees. It also exposes the organization and its
personnel to civil and criminal liability. As important, the agencys employees lack the written
guidance to perform at an exceptional level.

Regardless of the approach MPD takes to implement change toward improvement, a most important
consideration will be the comprehensive training of all its members on each and every segment of
reform. Whether it involves the grandfathering in or amendments to existing policies and
procedures, or the creation of new ones, employees must embrace a thorough understanding of what
is being required of them. In most cases, this cannot be accomplished through the mere expectation
that the employees will be able to read and properly digest the multitude of enhancements presented
to them. As the MPD strives towards improved professionalism, formal comprehensive training
should be viewed as a mandatory prerequisite to accompany each and every effort put forward.
NOTE: Many directives are influenced by the collective bargaining agreement. It should be noted
that the MPD Collective Bargaining Agreement, 2013 2016, is the subject of ongoing bargaining
and interpretation.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

VIABLE MPD DIRECTIVES


As an aid to those reading this document, the following is a list of existing MPD directives and
directive sections that appear to be sufficiently detailed to meet minimum generally accepted police
standards.

DIRECTIVE:
General Order 4.3, Missing Children.
General Order 4.9, MPOETC Requirements.

DIRECTIVE SECTIONS:
General Order 1.2.3, Search and Seizure without a Warrant Procedures.
General Order 1.3.2, Use of Deadly Force.
General Order 1.3.3, Prohibited Use of Weapons (Warning Shots).
General Order 1.3.7, Removal of Personnel from Line-Duty-Assignment Pending Administrative
Review.
General Order 1.3.9, Demonstrated Proficiency Required to Carry Approved Weapons.
General Order 1.3.10, Use of Force In-Service and Weapons Proficiency Training.
General Order 1.4.2, Obedience of Orders.
General Order 1.8.2, Harassment or Discrimination in the Workplace.
General Order 2.1.2, Protective Soft Body Armor.
General Order 2.1.3, Wearing Protective Ballistic Vests Pre-planned, High-risk Incidents.
General Order 2.5.1, Search of Prisoner Prior to Transport.
General Order 2.7.2, Execution or Attempted Execution of Legal Process.
General Order 2.7.6, Sworn Law Enforcement Service of Criminal Process.
General Order 3.2.6, Training Required for All Agency Personnel.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION ONE: BUDGET AND BUDGETING


Recommendations are made regarding directives that address administration of the budget,
budgeting, purchasing, accounting, and inventory.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. General Order 1.6, Fiscal Management and Agency Owned Property.
a. This directive provides little detail on the subject.
b. This directive references a department special order that could not be located.
c. This directive should be enhanced or cancelled and replaced with a more
sufficient order.
d. This directive should discuss:
i. Receipts or documentation for cash received.
ii. Authorization for cash disbursement, including authorization for expenses
in excess of a given amount.
1. The chief informally enjoys spending authority up to $5,000.
2. Expenditures of $5,000 and above require approval of the
Borough Council.
iii. Records, documentation, or invoice requirements for cash expenditures.
iv. Persons or positions authorized to disburse or accept cash.
v. Quarterly, or monthly, accounting of agency cash activities.

Creation of new directive recommended:


1. A directive should be in place and address the following:
a. Duties and responsibilities of the chief, supervisors, officers, and civilian staff
with regard to budgeting.
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

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i. Preparation and deadlines.


ii. Categories to be considered.
iii. Spending limitations by category and/or individual.
iv. Tracking expenditures and means of accounting.
2. Determine what regulations the Borough has enacted regarding requisition and
purchasing of equipment/supplies and incorporate into MPD directive(s).
a. Establish bidding criteria and vendor approval.
b. Include conditions/authority/procedures for emergency acquisitions.
c. Require justification for all purchases.
d. Outline an approval process for all MPD invoices.
3. Establish procedures for cash/equipment provided to the MPD outside the budgetary
process.
4. Include provisions for periodic audit of any or all aspects of the budget and
expenditures.
5. A directive should be developed instituting a MPD property inventory system.
a. Inventory is controlled by an outside authority, the Borough. The MPD meets
the guidelines established by the Borough.
b. Regarding the inventory process conducted by the Borough, no property stickers,
or other means of identification or accounting, could be located on any
equipment.
c. It is recommended that the MPD implement its own property inventory, at least
for non-expendable and expensive property.
d. The In-Synch RMS is capable of performing an inventory function.
e. Property stickers would facilitate this process.
6. A directive should be in place establishing procedures for the issuance of MPD
property.
a. The directive should account for property issued on a permanent basis, e.g.
uniforms, vest, sidearm, Taser.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

b. The directive should provide for sign-in/out of MPD property on a part-time


basis, e.g. weapons from the armory, portable radio, ballistic shield, and other
less-than-lethal weapons.
c. Uniform equipment is currently subject to an informal inventory.
d. The In-Synch RMS is capable of performing an inventory function.
7. A directive should be in place establishing a standard of care to be exercised by those
individuals utilizing MPD property as well as requiring that the property be
appropriately maintained. Some reference was found to use/misuse of equipment in
the following existing policies.
a. General Order 1.8, Conduct and Disciplinary Procedures, Code of Conduct,
Section 5.2.1, Willfully or Negligently Damaging Department Property or
Equipment.
b. General Order, 1.8, Conduct and Disciplinary Procedures, Section 1.8.1, Code of
Conduct and Mandatory Appearance Guidelines.
c. General Order 3.3.2, Cellular Phone Capability.
d. Special Order 7, MPD Vehicle Assignments, which requires documentation and
notification of damage to an MPD vehicle.
e. Collective Bargaining Agreement Article 30, Uniforms, Equipment, and Related
Items, which provides that the borough shall ensure equipment provided is
properly maintained and cleaned. The agreement seems to indicate the borough
has some responsibility for maintenance and cleaning.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION TWO: COMMUNICATIONS


Recommendations are made regarding directives relating to the communications resources available
to the MPD and their effect on the department and the community. In addition, consideration is
given to the departments duty to provide timely and relevant information to those outside the
department.

Department directive exists and appears sufficient on its face:


1. The Dauphin County Communications Policy is assumed to address:
a. Required government licensing.
b. A proprietary communications system to accept/dispatch emergency calls 24/7.
c. A means of recordings of all official communications with acceptable storage
and retrieval capabilities.

Modification of existing directive recommended:


1. General Order, 3.3, Communications.
a. This directive references Dauphin County Communications policies and
procedures.
b. A copy of the Dauphin County Communications Policy Manual should be an
attachment and available to all MPD employees.
c. Documentation/agreements should be in place and accessible to MPD employees
governing the authority and responsibility of both MPD and Dauphin County
Communications personnel.

Creation of new directive recommended:


1. A directive should be in place detailing the procedure for the release of information
to the news media and the public.
a. The form of release should be identified.
i. Who should issue/release the information?
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

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ii. When it should be issued/released.


iii. Are there conditions to be met prior to the release?
iv. What records concerning the release should be maintained.
b. Exceptions to release of information should be delineated.
c. Procedures should be included for the control of media access at locations that
would hinder law enforcement operations, e.g. crime scene.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION THREE: CRIMINAL INVESTIGATIONS


Recommendations are made regarding directives relating to the criminal investigative
responsibilities of the MPD to include the need to combat crimes of vice and promote intelligence
gathering and sharing. Vice includes, including but not limited to, the existence and possession
and/or sale of illegal and controlled substances, and crime involving organized groups. While most
crimes in this category are considered victimless, the activities and results of these crimes
diminish quality of life and often involve or lead to crimes against persons and property.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. General Order 2.6, Criminal Investigations.
a. This directive should delineate a formal system for the creation and utilization of
an on-call duty roster for criminal investigators.
i. Language should be included detailing situations in which a criminal
investigator will be called.
ii. Special Order 2015-2, Death and Fire Investigations, requires notification
of the chief and the criminal investigator for deaths or fires.
iii. An informal policy is in place. The Chief and the criminal investigator
are contacted for serious incidents. When the criminal investigator is
not available, Dauphin County Criminal Investigative Division is called.
b. This directive should provide guidance to responding officers at the scene of a
preliminary investigation.
c. This directive should delineate the types of crime requiring immediate response
by a criminal investigator.
d. The case disposition section of this directive indicates, The types of records to
be maintained, access to the records and retention of these records will be
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

controlled in accordance with MPD retention policy. No retention policy could


be located.
2. General Order 3.4, Records. This directive should include guidance on file
maintenance, accessibility, and purging.

Creation of new directive recommended:


1. A directive should be in place addressing information developed during the course of
an interview/investigation.
a. The method of recording the information, including report preparation and
audio/video collection, and the timeliness of the recording.
b. How and where the information should be stored.
c. Who the information could/should be shared with and how the sharing should
occur.
d. Collection, maintenance, and sharing of criminal intelligence is guided by PA
Title 18, Crimes Code, Chapter 91, The Criminal History Record Information
Act.
e. The directive should include a process for reporting field interviews/contacts.
2. A directive should be in place outlining the utilization of confidential informant(s).
3. An all-encompassing directive should be in place that details the process for using
MPD interview rooms.
a. General Order 3.2.1, Temporary Holding Area, specifically discusses security
searches and safeguarding against weapons and contraband entering the facility.
b. General Order 3.2.2, Minimum Physical Conditions, specifically addresses water
and bathrooms for those in the temporary holding area.
c. General Order 3.2.5, Security Concerns, discusses weapons control and requires
search of subjects in the temporary holding area.
4. A directive is required to address the conducting of and involvement in undercover
operations and surveillance activities.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION FOUR: DIRECTIVES SYSTEM AND DIRECTION


Recommendations are made regarding the system of directives in place within the MPD, and their
use in directing and supervising the department and its personnel. As a reminder, Websters
Dictionary defines a directive as an order or instruction; something that serves to direct, and usually
impel toward an action or goal. A directives system is a group of related parts, in this case
directives, that work together for the purpose of establishing authority, responsibility, and
accountability. A directives system establishes standards for behavior and action.

Department directive exists and appears sufficient on its face:


1. General Order 1.4.2, Obedience to Orders.

Modification of existing directive recommended:


1. General Order 1.4.1, Command Protocols and Procedures.
a. This directive references the organizational chart, which currently does not exist.
b. A formal organizational chart should be created and included in the directive.
2. General Order 1.4.3, Written Directive System.
a. This directive appears to conform to standards in form, but not in function, i.e. a
viable directives system is not in place.
b. Directives should be separated by function, e.g. Administration Manual, Field
Manual, and Operations Manual. Subdivision could occur utilizing patrol, crime,
and staff as functional categories.
c. All manuals containing directives should include a table of contents and an
index.
d. A method for revision should be delineated for all directives.
e. A method for purging should be delineated for all directives.
f. A standard dissemination/storage method, i.e. electronic and/or hard copy, should
be adopted and delineated for all directives.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

g. A means for members to acknowledge receipt, review, and/or understanding of


directives should be available.
3. General Order 1.4.4, Release and Storage of Agency Written Directives. See
previous section regarding General Order 1.4.3, Written Directive System.

Creation of new directive recommended:


1. A statement that establishes the authority and responsibility of the MPDs Chief
should be available and filed on-site. Act 37 of 2014, The New Borough Code,
Subchapter E, Section 1121, provides that the borough may by ordinance establish a
police department and may appoint police officers, subject to Subchapter J, and may
designate one of the police officers as Chief of Police. Council shall designate the
ranks in the police department and duties of each rank.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION FIVE: EVIDENCE COLLECTION AND CONTROL


Recommendations are made regarding directives relating to the collection and preservation of
evidence and other items coming into the possession of the department during the course of
business.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. General Order 3.5, Collection and Preservation of Evidence.
a. Some information is also captured in General Order 3.6, Property and Evidence
Control. One directive/manual would be appropriate for this topic.
b. This directive should establish procedures for conventional and digital
photography, imaging, and videotaping.
c. This directive should establish procedures for processing, developing, lifting, and
labeling all fingerprints.
d. This directive should identify situations in which officers are required to request
assistance from a trained evidence technician(s).
e. This directive should establish procedures for the removal as evidence and
extraordinary handling requirements of computer equipment and other electronic
data storage devices, their storage and affiliated maintenance.
f. This directive should address the procedure for collection and retention of DNA
evidence.
g. This directive should require all lab results be reported to the MPD in writing.
2. General Order 3.6, Property and Evidence Control.
a. Some information is also captured in General Order 3.5, Collection and
Preservation of Evidence. One directive/manual would be appropriate for this
topic.
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

b. This directive would be stronger if it required a semi-annual inspection of the


property room, rather than annual.
c. While procedures are in place regarding evidence storage, compliance is spotty at
best.
d. The directive should address a procedure for filing active and inactive Property
Record Forms.

Creation of new directive recommended:


1. No MPD directives fall within this category.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION SIX: FORECASTING FUTURE NEEDS


Recommendations are made regarding directives relating to the planning function within the MPD,
including crime analysis, and preparation for critical and unusual incidents. A critical incident is an
emergency, event or situation that threatens, people, their homes, businesses, or the community.
Examples of law enforcement critical incidents include but are not limited to acts of terrorism, civil
disobedience, hostage taking, barricaded gunman, and manmade or natural disaster. An unusual
incident would be an event or situation that causes some public inconvenience and occurs rarely or
infrequently such as a parade, large scale sporting or entertainment event, or movement of an
oversized loading requiring road closure.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. No MPD directives fall within this category.

Creation of new directive recommended:


1. Directive(s) should be developed to define the MPDs authority and role in any
emergencies, unusual incidents, special operations and their contingencies.
2. A specific written All Hazard plan should be in place for the MPD to respond to
critical and unusual incidents.
a. Protocols established within the Incident Command System (ICS) and the
National Incident Management System (NIMS) have been nationally accepted.
b. Federal guidance and training is provided on the FEMA website
(http://www.fema.gov/).

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION SEVEN: INTERNAL INVESTIGATION, DISCIPLINE, AND INSPECTION


Recommendations are made regarding directives relating to matters of citizen complaints, internal
investigations, and their adjudication. Allegations against department personnel, must be
investigated thoroughly and in a timely manner in order to protect the public, the department, and
department personnel as well as identify unsatisfactory performance. Included in this section is the
need for department self-assessment by means of regular and detailed inspection of policy, process,
and function.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. General Order 2.3, Internal Affairs.
a. This directive addresses receipt of complaints through adjudication; however,
lacks further direction with regard to:
i. Record keeping of completed investigations.
ii. Public dissemination of statistical summaries generated on a periodic
basis, such as an annual report, to include:
1. Number of complaints/investigations.
2. Types of complaints including, but not limited to:
a. Verbal abuse.
b. Dissatisfaction with performance of duty.
c. Physical abuse.
d. Criminal conduct.
3. Results of adjudications; namely dispositions such as: proper
conduct, improper conduct, policy failure, insufficient evidence, and
unfounded.
iii. Confidentiality of complaints and completed investigations.
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

b. Although this directive authorizes the Chief or designee to conduct a complaint


investigation it should include criteria to be considered when making such
assignment.
i. Seriousness or complexity of the allegation.
ii. Number and rank of employees involved.
iii. The personal/professional relationship, if any between the investigator
and the subject of the investigation
iv. Sensitivity and a need for internal security.
v. Geographical considerations if witnesses/complainant/location of alleged
misconduct are apart from the Borough.
vi. Note: The Chief had identified previous reliance on investigators from the
Dauphin County Detectives Office to conduct investigations involving
allegations of serious misconduct.
c. Although the directive requires all allegations of serious misconduct to be
brought to the attention of the Chief, it is further suggested the Chief be informed
of every allegation of misconduct in a timely manner.
d. This directive fails to assign responsibilities attached to the investigative process,
including but not limited to:
i. Complaints and subjects of the investigation are to be personally
interviewed.
ii. Conditions related to an officers interview in a complaint investigation.
1. Union representation to include a union attorney when appropriate.
2. Personal representative such as an attorney present in criminal
matters.
3. Forms/authorizations/notices which may be required, including but
not limited to:
a. Notice of interview and details of allegation.
b. Authorization to obtain medical information.
c. Authorization to obtain financial information.
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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

d. Authorization to obtain employment records.


4. Copies of signed form to be provided to interviewed officer.
5. Minimum advance notice of interview.
6. Voluntary vs. department mandated participation in the following
investigative aids:
a. Medical or psychiatric evaluation.
b. Photographing.
c. Fingerprinting.
d. DNA sampling.
e. Involvement in a line-up.
f. Surrender of personal records such as cellphone and
financial/bank statements.
g. Submission to polygraph examination.
h. Note: The collective bargaining agreement (CBA) attachment
entitled, Exhibit B, Borough of Middletown, Employee Drug and
Alcohol Policy, details situations in which a Borough employee
may be subjected to the requirement of the Boroughs
alcohol/drug testing policy.
iii. No reference to complaint investigations appears in the CBA.
iv. Tape recording of all related interviews.
v. Search of department owned property vs. personal property and when a
search warrant must be secured.
vi. Include that the standard of proof in adjudicating policy (administrative)
violations is a Preponderance of the Evidence.
vii. Allegations which may encompass civil liability attached to the member,
department, and/or Borough and the need to seek guidance from the
Borough Solicitor regarding the scope of the complaint investigation.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

viii. Allegations of criminal conduct and the need to seek guidance from
District Attorney or Attorney Generals Office, especially with regard to a
prosecutorial decision.
ix. Duty status, such as restricted or suspended, of an officer who is the
subject of serious misconduct allegations.
1.General Order 1.3, Use of Force, does address duty status of
employees during investigations into use of force resulting in death or
serious bodily injury.
2.General Order 1.8, Conduct and Disciplinary Procedures, does
address limiting work contact between employees involved in
harassment investigations.
x. Prohibitions regarding interference in the investigative process such as
communication between the subject and the complaint, and no acts of
retaliation shall be tolerated against complainants.
Creation of new directive recommended:
1. A directive should be in place detailing the process for inspections within the MPD.
Such a process is essential to both establishing and ensuring the continued efficient
operation of the MPD and future sustainability of the reform effort. It is the
mechanism which confirms rules and regulations are uniformly applied and adhered
to, and all functions are being properly performed.
a. Some level of inspection should be required and occur regularly.
b. Inspections may be classified as:
i. Line inspections which are typically conducted more than once during a
calendar year and focus on specific areas and their conformance to
directives.
ii. Staff inspections which encompass a more in-depth review of the entire
department operation with emphasis on ensuring overall conformance
with regulations and the effective discharge of supervisory

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

responsibilities. Due to the detail required, these inspections are often


scheduled no less than annually.
c. Although inspections should be scheduled periodically by directive, the Chief
may direct any level of inspection be conducted whenever deemed necessary.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION EIGHT: JUVENILE MATTERS


Recommendations are made regarding directives relating to the special situations and circumstances
surrounding the decision to include or exclude a juvenile from the formalities of the adult criminal
justice system.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category

Modification of existing directive recommended:


1. General Order, 4.7, Juveniles.
a. This directive should address the agencys commitment towards preventing
juvenile delinquency.
b. This directive should require that officers dealing with juvenile offenders always
consider the least intimidating approach. For example, release to the custody of
their parents pending referral to juvenile authorities as opposed to immediate
detention.
2. General Order 2.7.5, Execution of Criminal Process Procedure, simply discusses
warrant service procedures for juveniles.

Creation of new directive recommended:


1.

An all-encompassing directive should be in place requiring procedures for taking a


juvenile into custody.
a. General Order 2.5.6, Restraining Devices, discusses handcuffing of juveniles.
b. General Order 2.7.5, Execution of Criminal Process Procedure, discusses warrant
service for juveniles.
c. General Order 4.6.1, Pennsylvania Child Protective Service, discusses taking a
child into custody for his/her benefit (illness or injury, or threat of imminent

22
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

bodily injury). It also provides procedures and responsibilities of law


enforcement personnel during processing of a juvenile taken into custody.
d. General Order 4.7.2, Temporary Detention of Juveniles, indicates juveniles
should not generally be held in adult facilities, and discusses secure and nonsecure detention of juveniles and reporting.
e. This information might be appropriate for inclusion in an existing directive such
as General Order, 4.7, Juveniles.
2. A directive should be in place describing the procedures for the custodial
interrogation of juveniles. This information might also be appropriate for inclusion
in an existing written directive such as General Order, 4.7, Juveniles.
NOTE: Much of the required information may be found in 42 PA.C.S. Section 6301 et
seq, known as the PA Juvenile Act.

23
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION NINE: ORGANIZATIONAL STRUCTURE


Recommendations are made regarding directives related to organization structure of the MPD and
the use of basic organizational premises. Within a paramilitary organization such as a police
department, these premises may include, but are not limited to, organization by function, delineation
of authority, accountability, and responsibility, chain and unity of command, and formal and
informal delegation of authority.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. No MPD directives fall within this category.

Creation of new directive recommended:


1. A directive should be developed describing the departments organizational structure
and functions.
a. Include the major functions and responsibilities of each organizational segment
and level of command/supervision.
b. Include a formal organizational chart accounting for each position.
c. Assign supervisor/subordinate relationships with emphasis on unity of command.
i.

Identify that each employee is accountable to only one supervisor at any


given time.

d. Explain delegation of authority and the responsibility which accompanies it.


i. General Order 1.4, Direction, indicates, This written directive is to
ensure the unity of command for delineating responsibilities and
delegating authority for the efficient and effective operation of the
Middletown Police Department.
ii. This general statement is insufficiently descriptive.
24
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

2. A directive should be in place establishing supervisory accountability for the activity


of subordinate personnel under their immediate control.
3. A directive should be in place describing the procedure for notifying the Chief of:
a. High-profile incidents likely to generate community interest or concern.
b. , Incidents of potential liability to the employee, the MPD, or the Borough.
c. Mention of contacting the Chief is included in various individual directives such
as General Order 1.3, Use of Force, and General Order 1.8, Disciplinary
Procedures.

25
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION TEN: PATROL AND TRAFFIC


Recommendations are made regarding directives relating to the departments commitment to the
patrol function. As the backbone of any police department, the patrol officer must be provided
the tools and information to function at a consistently high level. He/she is often the first and only
contact between the department and the public. Actions of the patrol officer have a direct impact in
deterring crime and preventing crashes, which affect a communitys overall quality of life.

Department directive exists and appears sufficient on its face:


1. General Order 2.1.2, Protective Soft Body Armor.
2. General Order 2.1.3, Wearing Protective Ballistic Vests Pre-planned, High Risk
Incidents.
3. General Order 4.3, Missing Children.

Modification of existing directive recommended:


1. Special Order 1, issued January 8, 2014, Uniform and Appearance Standards. This
directive should be converted into permanent written directive form. A special order
is typically of a temporary nature.
2. Special Order 3, dated January 8, 2014, Patrol Operations Deployment Plan.
a. This directive should be converted into permanent written directive form. A
special order is typically of a temporary nature.
b. The provision for continuous patrol coverage and assignment of patrol shifts is
addressed.
3. Special Order 7, issued January 8, 2014, MPD Vehicle Assignments. This directive
should be converted into permanent directive form. A special order is typically of a
temporary nature.
4. General Order 2.4, Traffic.
a. This directive should outline the procedures to be employed during a traffic stop,
including the utilization of sobriety tests.
26
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

i.

This directive generally references arrest for DUI, but includes no


procedures.

ii.

This directive should specifically address the procedures for utilizing


breath or blood testing devices/measures.

iii.

General Order, 2.5, Prisoner Transportation, discusses safe transport


and control of prisoners in medical facilities.

iv.

General Order 3.2, Temporary Detention, discusses supervision,


security, and accountability of detainees.

5. General Order, 2.7.8, Mental Health.


a. This directive should provide specific guidance to sworn officers differentiating
contacts with mentally ill persons on the street and in interview/interrogation
situations.
b. General Orders 2.5.6, Restraining Devices, and 2.5.7, Transporting Sick, Injured,
or Disabled Prisoners, discuss mental illness solely from the perspective of
restraint and transporting.
6. General Order 3.1, Discretion. This directive, or possibly General Order 2.4, Traffic,
should establish procedures for handling traffic violations committed by out-of-state
and foreign citizens. Additionally, political figures, diplomats, and members of the
armed forces may involve considerations beyond those assigned to routine violators.
7. General Order 4.2, Motor Vehicle Pursuits.
a. This directive should include a requirement to conduct an annual documented
analysis of pursuit reports.
b. This directive should include a requirement to conduct training in the use of
agency-authorized roadblocks and forcible stopping techniques. Only training
with tire deflation devices is discussed.

Creation of new directive recommended:

27
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

1. Many patrol operations are in place in the MPD; however, there are no directives
addressing procedures, or the directives in place do not adequately address the
operations. The following are areas which are in need of attention:
a. Conducting patrol briefings before/after designated shifts.
b. Establish procedures for first responders to emergency situations.
i. General Order 2.6, Criminal Investigations, does establish some first
responder procedures/notifications at a crime scene.
ii. General Order 4.13, Domestic Violence, does establish some first
responder procedures/notifications at the scene of a domestic violence
incident.
c. Establish procedures assigning collision scene responsibilities for responding
officers.
i. General Order 1.2.3, Search and Seizure without a Warrant Procedures,
discusses vehicle inventories.
ii. Some portions of General Order, 3.1, Criminal Investigations, would be
applicable to traffic crashes, but this is not identified.
iii. General Order 3.5, Collection and Preservation of Evidence, discusses the
utilization of a qualified evidence person at crash scenes.
iv. General Order 3.6, Property and Evidence Control, discusses security of
evidence.
d. General Order 4.3, Missing Children, includes procedures and direction for
adults eighteen to twenty-one years of age, however, fails to address procedures
for adults over the age of 21.
e. Although there are informal lists of patrol vehicle equipment including items
such as first aid kits and animal snares, no directive is in place identifying
required equipment or responsibility to inspect, account for, or replenish
expended supplies.
f. Although MPD utilizes mobile vehicle recorders, there are no directives
addressing their use, maintenance, storage, or retention.
28
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

g. There are no directives addressing the issuance or accountability of the


Boroughs parking tickets.
i. Although the Borough has no metered parking, there are designated nonparking areas
ii. The Borough has established designated Snow Emergency Routes and
enforces no-parking mandates during declared emergency periods.

29
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION ELEVEN: PERSONNEL DISCIPLINE AND GRIEVANCE


Recommendations are made regarding directives addressing discipline. For the purposes of this
section, discipline, in its positive sense, refers to the willingness to comply with established
standards utilizing an employees personal commitment, self-restraint, and perseverance.
Additionally, the grievance process is included in this section as grievances are often a by-product
of the negative form of discipline: that which serves to correct an employees behavior which
does not conform to the established standards. When successfully invoked, a grievance process
allows both employees and their employers to arrive at a mutually acceptable resolution to a
disputed action or condition. Equally as important is the recognition of outstanding behaviors.

Department directive exists and appears sufficient on its face:


1. General Order 1.8.2, Harassment or Discrimination in the Workplace.

Modification of existing directive recommended:


1. General Order 1.8, Conduct and Disciplinary Procedures. This directive, although
referencing prohibited behaviors in its Code of Conduct, fails to address the
myriad of aggravating and mitigating factors which usually accompany such
behaviors. Furthermore, the behaviors themselves are not adequately defined.
Creation of new directive recommended:
1. A directive should be in place establishing a process and criteria to identify and
acknowledge exceptional deeds and services performed by MPD employees.
2. A directive should be in place establishing a structured disciplinary system pairing
prohibited behavior to a prescribed remedy or corrective action (e.g., Discipline
Matrix). A structured disciplinary system ensures consistency in the application of
employee discipline. The system should require fair and just treatment of all
involved.
a. Allegations of violations must be properly investigated and documented.

30
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

b. Employees should be required to fully cooperate, answering all questions


completely and truthfully, while being afforded the rights espoused in their
Garrity/Miranda warnings as applicable.
c. Responsibilities of the Chief and supervisory personnel should be assigned.
d. Time limitations should be assigned to each segment of the process.
e. In those situations where discipline is assigned and the employee disagrees with
the assignment, provisions for appeal should be included to coincide with those
detailed in the CBA.
f. General Order 1.8, Conduct and Disciplinary Procedures, contains a Code of
Conduct, which appears to be a matrix of solely punitive measures associated
with specific offenses.
g. General Order 1.8.2, Harassment or Discrimination in the Workplace, provides
an option for counseling for employees found to have engaged in sexual
harassment or discrimination.
h. General Order 1.8.3, Biased Based Policing, discusses additional diversity and
sensitivity training for officers with sustained racial profiling or discrimination
complaints.
3. A directive should be in place specifying procedures for completion, maintenance,
and security of disciplinary related records and files.
4. A directive should be in place establishing a coordinator for the grievance process
whose responsibility includes ensuring compliance with the provisions of the CBA
and accountability for all affiliated records. Creation of a Grievance Form,
including a specific format, is advisable.

31
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION TWELVE: PERSONNEL: DUTIES AND DEPLOYMENT


Recommendations are made regarding directives that identify the empirical method(s) used to
delineate the essential functions of a job and/or task, and the means by which the department
deploys its most valuable resource, its personnel. Both functions should be accomplished in an
objective manner most likely to produce the greatest efficiencies.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. Special Order 1, issued January, 2014, Uniform and Appearance Standards.
a. The directive should be converted into permanent written directive form. A

special order is typically of a temporary nature.


b. Maintenance and upkeep of uniforms is also addressed in the CBA.
2.

General Order 1.7, Conditions of Work, Extra-duty Employment.


a. This directive should specify that the written request for an officers extra-duty
employment shall include an explanation/details of the anticipated
functions/responsibilities of the employment.
b. The directive should include the following conditions:
i. The employment would not demean the MPD.
ii. No aspect of the employment would involve a violation of the law or
ordinance of the Borough.
iii. No aspect of the employment would conflict with the officers work
assignment or duty schedule.
iv. The total amount of time and effort committed to the extra-duty
employment does not interfere with the officers ability to perform their
regularly scheduled department-related job duties properly.

32
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

c) The directive should address what, if any, MPD equipment may be utilized while
engaged in extra-duty employment.
d) This directive should also address outside employment which does not include
the utilization of police authority/powers.
e) Outside employment is also discussed in the CBA.

Creation of new directive recommended:


1. A directive should be in place to memorialize the process in which the department
and the Borough determine appropriate staffing levels and assignments.
a. Any process and directive should be guided by objective industry standards
and/or by the mandates of minimal staffing.
b. Personnel should be allocated and distributed by a recognized formula analyzing
workload information to include, but not limited to, the nature or number of tasks
required and their complexity, location, and time required for completion.
c. The process of allocating personnel to each unit also permits the agency to
determine the overall number of personnel required to meet its needs and fulfill
its objectives.
d. Minimal staffing requires staffing at levels above those identified by objective
measures, e.g. two patrol officers per shift, when objective data indicates one
would suffice.
2. A directive should be in place describing the process of developing, completing,
discussing, and filing written job descriptions.
a. The Chief is in the process of completing job descriptions for members of the
MPD.
b. A directive is still needed.
3. A directive should be in place describing the process of developing, completing,
discussing, and filing essential job functions inherent to each department employee
position
4. A directive should be in place defining the process of call-outs for overtime.
33
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

a. The directive should explain the procedure and form(s) utilized to ensure
compliance with the CBA.
b. Call-outs are addressed in the CBA.
5. A directive should be in place defining the process of requesting and utilizing sick
leave, particularly in cases of extended sick leave.
a. Administrative leave, holiday leave, sick leave, vacation (annual) leave, and
family medical leave are addressed in the CBA.
b. No mention is made of the requirement for a doctors note for extended illness.
c. The only other directive that references leave is Special Order 2014-02,
Schedule, which delineates the procedure for requesting a change to the posted
schedule.
d. No directive could be located addressing:
i. Types of leave available.
ii.

Procedure for requesting leave.

iii. Approving authority.


iv. Tentative leave.
v. Denial of leave.
6. A directive should be in place delineating the situations in which a physical
examination can be required. The only directive related to this subject is General
Order, 3.7, Fitness and Wellness Program, which requires employees maintain a
level of fitness commensurate with their duties.

34
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION THIRTEEN: PERSONNEL EVALUATION PROGRAM


Recommendations are made regarding directives relating to the departments personnel evaluation
system, often referred to as an employee performance evaluation program. Performance
evaluations provide the supervisor and agency with a means to document and discuss individual
accomplishments and failures. As important, it provides the employee an opportunity to determine
and discuss his/her standing within the agency.
Department directive exists and appears sufficient on its face:
1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. No MPD directives fall within this category.

Creation of new directive recommended:


1) A directive should be in place defining the agencys performance evaluation program
including specifics such as:
a) When evaluations are to be administered, for example annually, usually
coinciding with employees date of hire.
b) Behaviors which are to be assessed.
c) Rating scale to be used, for example Unsatisfactory, Needs Improvement,
Satisfactory, and Exceptional.
d) Delivery of completed evaluation to the employee.
i) Opportunity to review.
ii)

Meet with rater and discuss evaluation in detail.


(1) Counseling when appropriate.
(2) Detail future expectations as appropriate.

iii)

Employee acknowledges receipt of evaluation in writing.

35
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

iv)

Employee opportunity to appeal disputed evaluation and the appeal

process.
e) Distribution of completed evaluation, how many copies and where.
f) Security, confidentiality, and retention of completed evaluations.

36
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION FOURTEEN: PERSONNEL SELECTION AND DEVELOPMENT


Recommendations are made regarding directives addressing the important functions involved in the
selection of appropriate personnel, providing necessary on-going training and career development,
and identification and preparation of personnel for advancement.

Department directive exists and appears sufficient on its face:


1. General Order 4.9, MPOETC Requirements.

Modification of existing directive recommended:


1. General Order 1.5.1, Selection and Hiring Standards for Sworn Officers.
a. While this directive addresses elements and activities of selection, the other
facets for full-time employment are under the control of the testing administrator,
Dauphin County Police Testing Consortium.
b. The Dauphin County Police Testing Consortium contracts with nationally
recognized and experienced testing organizations.
c. Part-time employment falls under the purview of the Chief.
2. General Order 1.9.3, Physiological Examination Required. The requirement to
maintain medical records is found in this sub-section. It should be incorporated in
the previous sub-section, General Order 1.9.2, Medical Examination Required.
3. General Order 1.10.6, Specialized In-Service Training.
a. This directive identifies specific types of in-service training required, e.g. tactical
team and negotiator training.
b. This directive should be updated to include a comprehensive list of specialized
positions and associated training in effect at the MPD, e.g. MCSAP.
4. General Order, 1.10.10, Training Records.
a. This directive should provide for specific exceptions to training or excusing
participants from training
b. Currently a general statement is included allowing the Chief to excuse.
37
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

c. The directive should outline procedures in the event an employee fails the
required training.
Creation of new directive recommended:
1. A directive should be in place establishing a department policy for remedial training.
The only mention of remedial training was found in General Order 1.8.3, Biased
Based Policing, and General Order 4.13.12, Required Training (Domestic Violence).
2. A directive should be in place addressing training opportunities concurrent with shift
briefings or roll call.
3. There is no directive in place addressing employee promotion. Specific policy and
procedures should be developed and codified accordingly.
a. Appropriately incorporate the Borough's Civil Service Rules and Regulations.
b. Establish minimum qualifications.
c. Identify test criteria including performance evaluations.
d. Determine scoring methodology and development of an eligibility list.
e. Ensure commensurate supervisory training is provided to newly promoted
employees.

38
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION FIFTEEN: POLICE POWERS


Recommendations are made regarding directives relating to the basic power or authority vested in
the position of a police officer and limitations to those powers.

Department directive exists and appears sufficient on its face:


1. General Order 1.2.3, Search and Seizure without a Warrant Procedures.
2. General Order 1.3.2, Use of Deadly Force.
3. General Order 1.3.3, Prohibited Use of Weapons (Warning Shots).
4. General Order 1.3.7, Removal of Personnel from Line-Duty-Assignment Pending
Administrative Review.
5. General Order 1.3.9, Demonstrated Proficiency Required to Carry Approved
Weapons.
6. General Order 1.3.10, Use of Force In-Service and Weapons Proficiency Training.
7. General Order 2.7.2, Execution or Attempted Execution of Legal Process.
8. General Order 2.7.6, Sworn Law Enforcement Service of Criminal Process.
9. The Pennsylvania Rules of Criminal Procedure also provides detailed guidance on
this issue.
Modification of existing directive recommended:
1. General Order 1.1.1, Oath of Office.
a. A properly completed Oath of Office form for each officer should be on file with
the Chief.
b. This directive requires administration of the oath by the mayor. The oath form
should include an area for the mayor's signature.
2. General Order 1.1.2, Canon of Ethics/Law Enforcement Ethics. A properly
completed Canon of Ethics/Law Enforcement Code of Ethics form for each officer
should be on file with the Chief.
3. General Order 1.2.1, Agency Statutory Authorizations. This directive references a
department special order for specifics of legally mandated authority and
39
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

responsibilities of sworn personnel. The referenced special order could not be


located.
4. General Order 1.2.2, In-Custody Constitutional Requirement Procedures.
a. This directive should include simple language that informs officers to avoid
coercion resulting in involuntary confessions.
b. MPD did include language cautioning against the use of coercion in General
Order 1.2.3, Search and Seizure without a Warrant Procedures, i.e.
1.2.3(A)(1)(a)(1) Consent to search must be voluntarily given and not the result
of duress or coercion express or implied.
c. This or another written directive should address field interview/contacts and
reporting and inclusion of field interview/contact information in the departments
intelligence function.
5. General Order 1.2.4, Physical Arrest with or without a Warrant Legal Requirements
and Procedures.
a. This written directive is predicated upon and utilizes specific language from PA
statutes, i.e. Title 234, PA Rule of Criminal Procedure, Title 18, PA Crimes
Code, Title 42, PA Judiciary and Judicial Procedure, and Title 75, PA Vehicle
Code.
b. Any directive that references a specific court case or statute, and includes
language from that case or law, should contain the most current language. (Laws
and court cases change daily.)
c. This written directive should include guidance regarding fingerprinting,
photographing, and diplomatic immunity.
6. General Order 1.2.5, Strip and/or Body Cavity Search Procedures. This directive
should make particular reference to sanitary concerns and body cavity searches to be
performed by trained medical personnel in a secure location without access by the
public.

40
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

7. General Order 1.3.4, Use of Authorized Less Lethal Weapons. Tasers (Other
Authorized Less-lethal Weapon) are in use by this agency, but no specific directive,
general or special order, governs their use.
a. Section 1.3.4(c) simply indicates Any other less-lethal weapon authorized by
the department shall be detailed in a departmental special order)
b. A specific reference to Tasers should be included in this and/or other directive(s)
on the subject.
8. General Order 1.3.6, Written Reports and Investigations Required.
a. Tasers are in use by this agency. MPD should consider specific mention of this
less-than-lethal weapon in this directive as it has with OC. (Reference subsection
8, General Order 1.3.4, Use of Authorized Less Lethal Weapons.)
b. This written directive references PepperBall Report Forms, which could not be
located. NOTE: General Order 1.3.6, Written Reports and Investigations
Required, directs a Use of Force Report be completed when officers discharge a
firearm.
9. General Order 1.3.8, Weapons and Ammunition Approved by the Chief of Police.
a. This directive references a special order that identifies authorized duty weapons
and ammunition approved for use by officers of the department. No special
order was located.
b. This directive references the Administrative and Technical Services Division
Lieutenants position, which does not exist. MPD may wish to change this
vacant position to a non-bargaining unit member position. (Note: TMLLC
recommends in this assessment the creation of an executive level management
position that reports directly to the Chief)
10. General Order 1.8.3, Biased Based Policing.
a. This directive requires initial training during the Field Training Program and retraining at least every three years regarding the harms of bias-based profiling and
discrimination, including the review of this directive. Annual training is more in
keeping with national standards.
41
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

11. General Order 2.7, Legal Process.


a. This directive should address files and affiliated maintenance for outstanding
warrants as well as wanted persons.
b. General Order 2.7.5, Execution of Criminal Process Procedures, only discusses
cancellation information.
12. General Order 2.7.5, Execution of Criminal Process Procedures.
a. Related information is contained in General Order 1.2.5, Strip and/or Body
Cavity Search Procedures, and General Order 3.1.3, Procedure.
b. None of the directives address search warrants or time requirements, but these
issues are delineated in the PA Rules of Criminal Procedures.
c. None of the directives address immunity from arrest.

Creation of new directive recommended:


1. A directive should be in place addressing MPD interaction with foreign nationals.
a. Further direction on such interaction can be found online
http://travel.state.gov/content/travel/english/consularnotification.html Sworn law
enforcement officers can:
i. Watch a one-hour training presentation.
ii. Take an online test.
iii. Print a certificate issued by the Federal Law Enforcement Training
Commission (FLETC) and the Department of State.
iv. Contact consnot@state.gov for details and to arrange training.

42
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION SIXTEEN: PRISONERS AND PROCESSING


Recommendations are made regarding directives relating to prisoner transportation, detention, and
processing to include testing.

Department directive exists and appears sufficient on its face:


1. General Order 2.5.1, Search of Prisoner Prior to Transport.
2. General Order 3.2.6, Training Required for All Agency Personnel.

Modification of existing directive recommended:


1. General Order 2.5, Prisoner Transportation.
a. Additional issues which should be addressed regarding transportation of
prisoners:
i. Proper search for weapons and/or contraband.
ii. Restraint concerns within transporting vehicles.
iii. Efforts ensuring positive identification of prisoners at pick-up and/or
drop-off.
2. Documentation of security concerns which should accompany the prisoner including
health concerns, suicide threats/attempts, and known escape history/attempts.
General Order 3.2, Temporary Detention.
a. This directive should be updated to recognize the existence of the new temporary
detention room, located off the sally port.
b. This directive should require documentation of time spent in detention, any food
or medicine provided, and any non-routine activity involving the prisoner during
their detention including visitations and interviews.
c. Language contained in section 3.2.5, Security Concerns, H, Limitation on period
when a prisoner/detainee may not be supervised, could be problematic.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

i. The detainee may be left unsupervised for a period of no longer than 10


minutes when an officer is required to attend to an exceptional
circumstance.
ii. Earlier language in the same section under D, Escape Prevention,
indicates, All detainees held in a temporary detention area shall be under
the continuous immediate physical supervision of a law enforcement
officer so as to prevent escape.
3. General Order 3.2.2, Securing to Immovable Object.
a. The section indicates, Any immovable object authorized to be used for securing
a detainee shall be identified by special order of the agency or other
communication by the Chief of Police. No special order could be located.
b. This type of direction should be provided within the directive itself, rather than
referenced in a temporary order, such as a special order.
4. General Order 3.2.5, Security Concerns. This directive should address the
implementation and limitations of available audio and video recording devices.

Creation of new directive recommended:


1. A directive should be in place addressing identifying the process utilized to
fingerprint and photograph all prisoners.

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Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION SEVENTEEN: REPORTS AND RECORD KEEPING


Recommendations are made regarding directives detailing the means in which the department
creates, completes, files, maintains, secures, and retains/purges all records under their control. The
records keeping function must provide for efficient utilization by the department, while complying
with all applicable regulations, statutes, and policies.

Department directive exists and appears sufficient on its face:


1. No MPD directives fall within this category.

Modification of existing directive recommended:


1. General Order 3.4, Records
a. This directive should include:
i. Confidentiality expectations.
ii. Records/recording standards required under the PA Juvenile Act.
iii. A detailed retention schedule for all MPD forms/reports and affiliated
documentation. NOTE: Several department directives do address
retention for those forms specific to the directive.
iv. Mandatory submission times for completed forms/reports.
v. Identify time limitations (due-back) by which follow-up reporting must
be submitted.
1. This directive does indicate field reports are required to be submitted
prior to the end of the officers shift.
2. Follow-up reporting time limits are found in various other written
directives such as General Order 2.3.2, Time Limits, - thirty days for
internal investigations and General Order 2.6.3, Procedure, - ten days
for criminal reporting.
3. No time limits were noted for crash reporting.

45
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

4. Even though some may exist, requirements for follow-up reporting do


not appear to be enforced.
b. The directive should establish a field-reporting system, to include:
i. Circumstances which would require written reports
ii. Applicable forms and reports and how to complete them properly.
iii. Information captured in blocks vs. narrative reporting.
iv. Completed reports and supervisory review.
v. General Order 3.4.1, Uniform Field Reporting System, is in place, but
inadequate.
c. This directive should provide procedures for the security, accountability, and
maintenance of traffic citations, non-traffic citations, warning notices, and
parking tickets.
d. A directive, or set of directives within a manual should be in place and enforced
regarding preparation, supplementing, storage, and dissemination of all
department reports.

46
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

ATTACHMENT (1)

SECTION EIGHTEEN: ASSISTANCE TO CRIME VICTIMS AND WITNESSES


Recommendations are made regarding directives relating to those services provided to victims and
witnesses of crime. This section focuses on the police interaction with a victim or witness.

Department directive exists and appears sufficient on its face:


1. No MPD written directives fall within this category.

Modification of existing directive recommended:


1. General Order 4.05, Crime Victims.
a. This written directive references the Pennsylvania Crime Victims Act, which
also covers aspects of this subject.
b. This written directive does not apply to witnesses, unless the witness is a victim.
Consideration should be given to the inclusion of witnesses in this or a new
directive.
c. This directive should specify the requirement for an officer to:
i. Provide a victim/witness with his/the departments contact information
and call/case number.
ii. Offer assistance or identify committed resources to address additional
victimization including threats of retaliation towards the victim/witness.
d. General Order 4.6, Child Services, does provide for protective services for
victimized children.

Creation of a new directive recommended:


1. A directive should be in place that establishes procedures for notifying next-of-kin of
deceased, seriously injured, or seriously ill persons.

47
Disclaimer: All directives require frequent review, on at least an annual basis, and occasional modification to remain compliant
with statutes, court cases, collective bargaining agreements, and industry standards and should undergo thorough review by
appropriate legal counsel.

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