Black Lives Matter & Fitchburg Policing Practices
Black lives matter. We must say this loudly and often because black lives are frequently treated as less valuable. Black Americans and other Americans of color face institutional oppression because racism permeates through our country’s policy and institutions. White Americans must acknowledge systemic racism, and how we benefit from unequal systems and white-dominant culture even if we don’t hold personal racist beliefs. One can argue that benefiting from unequal systems and defending the status quo is racist, because the outcome is racist even if the intention is not. Until we choose to actively practice anti-racism, and continue to do so each and every day, we are complicit. The murder of George Floyd and so many other black Americans at the hands of law enforcement is a tragic injustice and one of many horrific outcomes of systemic racism in our country.
It is incumbent upon me as a white elected official to be in a constant process of educating myself about racism. I will not say I understand it, because there is no way I can fully understand racism and the lived experience of it for people of color in the US, Wisconsin and Fitchburg. I am working toward practicing anti-racism every day. I invite feedback and criticism. I ran for office to make people’s lives better and make sure Fitchburg is a city for everyone. I meant that. Addressing unequal and racist practices that exist in Fitchburg is something I aim toward. I am listening and learning about how I can make that happen.
Fitchburg Policing Practices
I had a productive conversation with Fitchburg Police Chief Chad Brecklin earlier this week. I was pleased to learn that he has been putting suggestions from President Obama’s Report on 21st Century Policing from 2015 into practice since the beginning of his tenure. Please reach out to me if you have concerns. Chad has been open and honest, and I anticipate I can get you an answer quickly.
A couple of top line items you should be aware of:
Fitchburg already has all 8 of the recommended #8cantwait use of force practices in place.
UPDATE FROM 6/9/20 The Fitchburg Police Department updated their use of force policy document with new information: Report
Statement from Chief Brecklin: “The police department has added our use of force policy to our website along with a summary related to the “8 can’t wait” policy recommendations. As has been previously stated, our training and/or policy aligns with each of the eight recommendations. There are two recommendations in which our policy language will be strengthened, that being the duty to intervene and adding de-escalation language. Despite the need for strengthened language for these two recommendations, our training philosophy for many years has emphasized both of those concepts and is consistent with all of the recommended practices of “8 can’t wait”. In addition, we will be evaluating our entire use of force policy for further revision.”
Watch the Madison 365 Virtual Town Hall with Dane County Police Leaders, including Chief Brecklin
Below are a list of questions and answers from Chief Brecklin regarding Fitchburg policing practices.
What training is offered for officers to continue learning about the constructs of racism and how to check their inherent biases? If our college graduates are expected to learn these matters, our officers supposed to protect the public should be required to develop these skills even more so.
Fitchburg Police Department officers receive training in the academy and/or during their service with the department on topics that include professional communication, ethics, appropriate use of force, fair and impartial policing, and implicit bias. It will be important to continue to regularly train our police officers on these and many other topics and skills and to evaluate the training provided to our officers regularly to ensure it meets the expectations of our community.
Are the police officers in the Fitchburg being trained to de-escalate altercations by using peaceful conflict resolution strategies?
Our department stresses communication first, followed by increasing distance, which increases time for officers to develop other strategies to peacefully resolve situations or use the minimum force necessary to control the situation. We actively train officers to recognize the changing situations and they must modify the level of force or tactics they choose to utilize what is appropriate and justified.
Are the police officers in Fitchburg forbidden from transporting civilians in uncomfortable positions, such as face down in a vehicle?
Our officers are trained to be aware of the effects of excited delirium, positional asphyxiation, and to provide appropriate follow-through care and considerations of those in our custody. This would include not transporting people face down in a vehicle, which is prohibited in our department.
Are the police officers in the Fitchburg required to intervene if they witness another officer using excessive force? Will officers be reprimanded if they fail to intervene?
Our officers are encouraged to intervene when another officer may be unnecessarily escalating a situation, ideally prior to any use of force. Our officers are expected to intervene in an excessive force situation. We require all officers present at a use of force incident to complete a report, even if the officer did not use any force. A reprimand, or other corrective action including termination, may be issued for failing to intervene after the facts and circumstances of the incident are evaluated.
Are the police officers in the Fitchburg forbidden from shooting at moving vehicles?
Firing in the direction of, or from, a vehicle when such force may legally be used is forbidden if there is likelihood of serious injury to innocent persons or if the use of such force would likely outweigh the police objectives of 1) to protect the officer or another person(s) from apparent death or great bodily harm and/or 2) after exhausting or ruling out all other reasonable means to effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force and the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed.
Are the officers in the Fitchburg required to give a verbal warning to civilians before drawing their weapon or using excessive force?
Where/when feasible, yes an officer is required to provide warning before using force.
Officers are trained to provide verbalization during any interaction. Officers are trained that communication is the most powerful tool they have to de-escalate situations. Officer are required to verbalize prior to drawing weapons or using force (where/when feasible based upon the situation). Officers are trained to verbalize/communicate prior to, during and after a situation that requires force.
Officers are never allowed to use excessive force. Any force that an officer uses must be justified based upon the behavior displayed by the person and must be objectively reasonable.
Are the officers in the Fitchburg required to report each time they threaten to or use force on civilians?
Officers are required to complete a police report each time they use force or display a firearm or Taser at another person. Also, any officer present for a use of force must complete a report whether or not they used force. The report must include the behavior of the person and the justification for the officer’s use of force. Furthermore, officers are required to complete a form indicating the force they used. Uses of force receive a multi-layer review and/or assessment based upon the type of force used to ensure the force was consistent with policy and training.
Are the officers in the Fitchburg thoroughly vetted to ensure that they do not have a history with abuse, racism, xenophobia, homophobia / transphobia, or discrimination?
We strive to hire people who reflect our community with a desire to serve. We conduct a thorough background investigation to include travelling out of state for applicants not from Wisconsin. We also contract for psychological assessments, medical assessments, and drug test as part of our hiring process.
Are the officers in the Fitchburg trained to perform and seek necessary medical action after using excessive force?
Officers are trained in basic first-aid in the academy and receive periodic training in emergency/tactical first aid. Officers are required to ensure all follow-through considerations after a use-of-force event; which include EMS, constant monitoring of the person, and perform any life-saving measures necessary. Officers must have medical personnel respond for certain Taser usages and pepper spray situations. Most importantly, if a person requests EMS, officers will call EMS or transport to a hospital.
Is there an early intervention system enforced to correct officers who use excessive force?
Our use of force process require officers using force to complete a form and a report regarding the use of and circumstances related to the use of force. Through the process of reviewing/assessing these incidents we seek to identify training deficiencies, equipment needs or policy adjustments. We also look for trends and other information that would indicate early intervention is appropriate.
Additionally, how many complaints does an officer have to receive before they are reprimanded? Before they are terminated? More than three complaints are unacceptable.
Each situation is evaluated or investigated to determine the facts of the situation and to review any available evidence and other information relevant. Based upon the seriousness of a sustained complaint or the actions/inactions of an officer, they could be reprimanded or terminated on the first complaint.