Ocean City Council Agenda for January 31, 2012

8/3/2019 Ocean City Council Agenda for January 31, 2012

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AGENDA

MAYOR AND CITY COUNCIL WORK SESSION

TUESDAY, JANUARY 31, 2012 12:00 P.M.

Closed Session Tuesday, January 31, 2012 12:00 p.m.- 1:00 p.m. Legal, Contractual and

Personnel Matters

1. Report on Closed Session Tuesday, January 31, 2012 12:00 p.m. Legal, Contractual andPersonnel Matters

2. Recommendation to Post Rental License Control Number Stickers on Rental Unit DoorsPresented by: Brett Wolf, Chair, Noise Control Board and Captain Kevin Kirstein

3. Request to Purchase Scott Air Pack Cylinders

Presented by: Fire Chief Chris Larmore

4. Request Approval of G.O. 200 U-1 Entitled Use of ForcePresented by: Captain Greg Guiton

5. Continuation of Street Improvement Funding Discussion:

Approval of Parking Rates, Discussion of Additional Meters and Consideration of BondingStreet Improvements

Presented by Terence McGean, City Engineer; Hal Adkins, Public Works Director; and

Martha Bennett, Finance Administrator

6. Request Approval of Annual Contribution to Pension and OPEB FundPresented by: Martha Bennett, Finance Administrator

7. Emergency Ordinance to Impose a Moratorium on Business Licenses for Certain

Motorized Vehicles which are Not State Registered (imposes a 90-day moratorium on theissuance of business licenses associated with the rental or sale of motorized vehicles such as

scooters, scoot-coupes and other names commonly associated with vehicles with a purported

capacity of 50cc or less)


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JANUARY 31, 2012

1 Report on Closed Session - Tuesday, January 31, 2012

12:00 p.m. 1:00 p.m. Legal, Contractual and Personnel

Matters


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REPORT OF CLOSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to the open session of the Mayor and City Council being held on Tuesday, January

31, 2012, a closed session was held on Tuesday, January 31, 2012 at 12:00 p.m. The

following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal, Contractual and Personnel Matters

(b) Persons present: Mayor & Interim City Manager Richard Meehan; Council

President Jim Hall, Council Secretary Lloyd Martin; Council Members Doug

Cymek; Joe Hall, Mary Knight, Margaret Pillas and Brent Ashley; City

Solicitor Guy Ayres; Director of Recreation and Parks Tom Shuster; Melvin

Jones; Tony DeLuca and Executive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

2nd

:

H:\Wpdoc\closedsess.wpd


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2 Recommendation to Post Rental License Control Number

Stickers on Rental Unit Doors

Presented by: Brett Wolf, Chair, Noise Control Board and

Captain Kevin Kirstein


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Request from the Noise Control Board to amend Noise Ordinance:

Sec. 30-401. - Required.

No real property situated within the corporate limits of Ocean City shall be used to

provide shelter on a temporary basis unless a permit for such use shall have been issued by

the Noise Control Board (the board) and the permit control number shall be conspicuously

displayed on the front door of said real property in a manner prescribed and provided by the

board. The City Solicitor is hereby authorized and directed to institute civil proceedings in the

circuit court for Worcester County or to request the commencement of any other criminal orcivil remedies provided hereunder against any person to whom this division applies for the

purpose of enforcing the provisions of this section. In addition thereto, any person required to

obtain the aforesaid permit who does not obtain and display same shall not be entitled to obtain

a business or occupation license under chapter 14, article II of this Code.


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Memorandum

To: Mayor and City Council

From: Michael Sherman, License Inspector

Re: Noise Permit Decal History

Date: January 26, 2012

In the upcoming work session, the Noise Board and Captain Kevin Kirstein want toimpose a system where stickers will be issued for the front doors of rental property units.A sticker system has been used before and, in 2009, the decision to use them wasreversed.

At the end of 2008, then License Inspector Rich Mason proposed eliminating the decals.At that time, he estimated the Town would save $1,272 per year on rental license formsby eliminating the decals. Rich also stated the stickers were never used for its intendedpurpose to allow the city access to the property owners phone number in the event ofan emergency. Because of this, the City Council eliminated the use of the stickers.

One concern is whether the sticker number would be preprinted or manually written in. Ifmanually prepared, this would take additional time. The other concern is that thepreprinted sticker would have to be matched up with the rental license account in ourAS400 system, unless the intention is to create a separate database for this purpose.


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Diana Chavis

From: Nancy BloxomSent: Thursday, January 26, 2012 2:38 PMTo: Michael Sherman; Diana ChavisCc: Karen GunzelmanAttachments: 20120126131821.pdf

Diana - As discussed here is a sample license with the decal/sticker at the bottom. These licenses(with a sticker) were a modification to our regular print license programs and required continuous fedpaper (non laser). We are not using this form or modification any longer. I thought that Finance wastrying to get rid of these types of forms and go with all laser ? If you used a laser form with a stickeryou need to be sure that the sticker wont melt inside the printer. I have removed the owner nameand address from this form. Nancy

Nancy R. Bloxom * IT Manager * Town of Ocean City * (410) 289-8932 *www.oceancitymd.gov


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3 Request to Purchase Scott Air Pack Cylinders

Presented by: Fire Chief Chris Larmore


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4 Request Approval of G.O. 200 U-1 Entitled Use of Force

Presented by: Captain Greg Guiton


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INTERDEPARTMENTAL MEMO

DATE : 20 January 2012

TO : Guy Ayres, Attorney at LawCity Solicitor

FROM : Gregory Guiton, LieutenantPolice Department

SUBJECT : General Order (G.O.) and Standard Operating Procedure (S.O.P.)Review

Attached you will find revised General Order (G.O.) 200 U-1 entitled Use of Force and a new

Standard Operating Procedure (S.O.P.) S.O.P. - OPS 015 entitled Use/Storage/Care andMaintenance of Electronic Control Devices.

I have highlighted in red the new information regarding Electronic Control Device (ECD) useguidelines in the General Order. Please feel free to review the entire policy but the newinformation is highlighted for your convenience.

The Standard Operating Procedure pertains to very specific aspects of the ECD program. Wereviewed several resource materials on ECD use and consulted with Ocean City FireDepartment Deputy Chief Chuck Barton and Ocean City Risk Manager Mr. Eric Lagstrom onthese matters. The materials used as references to draft these two policies are as follows:

2009 Maryland Attorney General Task Force on Electronic Weapons Report P.E.R.F.s ECW Policy & Training Guidelines

P.E.R.F.s 2011 ECW Guidelines

I.A.C.P.s Nine Step Strategy for Effective ECD Deployment

I.A.C.P.s Model Policy regarding TASER

ECD Policies from:Howard County, Md. Police DepartmentCharles County, Md. Sheriffs OfficeAnne Arundel County, Md. Police DepartmentNew Castle County, De. Police DepartmentCharlotte-Mecklenburg, N.C. Police Department

I am available to address questions and/or concerns regarding these policies so please feel freeto contact me at 410-723-6622.

Thank you for your assistance in this matter.

Gregory GuitonAttachment


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Ocean City Police DepartmentGeneral Order

Subject:Use of Force

No.G.O. 200 U-1

Rescinds: Amends:G.O. 200 U-1 01/26/2010

Related Directive:G.O. 200 B-2, S.O.P. OPS 006 & S.O.P. OPS 015

Approval Date: Effective Date: Distribution Date: Distribution Type:A

References: I.A.C.P. Model Policy on Use of ForceM.P.C.T.C. Model Policy on Use of ForceC.A.L.E.A. Standard 1.3.1 through 1.3.13

TABLE OF CONTENTS

I. Purpose

II. Definitions

A. Active Aggression

B. Active Resistance

C. Electronic Control Device (ECD)

D. Less- Lethal Force

E. Lethal Force

F. Objectively Reasonable Force

G. O.S.S.I. R.M.S. I.A. Use of Force Module

H. Passive Resistance

I. Physical Force

J. Sensitive Population Group

K. Serious Physical Injury

L. Use of Force

III. Policy

IV. Statement Of Authority

A. Less-lethal Force

B. Lethal Force

C. Excessive Force

D. Use of Force Decision Making


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Subject: Use of Force G.O. 200 U-1

E. Force Transition

F. Voluntary Compliance

V. Force Weapons, Tools, And Equipment

A. Restraint Use

B. Oleoresin Capsicum

C. Electronic Control Device

D. Impact Weapons

E. Strangle Holds/Choke Holds

F. Firearm Use - Handgun

G. Firearm Use Patrol Rifle

VI. Post Use Of Force Procedures Medical Aid

VII. Post Use Of Force Procedures - Reporting and Documentation:

A. General

B. Reporting Requirements

C. Review Requirements

D. Administrative Leave

E. Audits

VIII. Force Training

A. Training Requirement

B. Annual Training

C. Training Documentation

D. Remedial Training

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I. Purpose:

The purpose of this Policy is to explain the law and the Departments policy on the use offorce. Police officers shall use no more force than is objectively reasonable toaccomplish lawful objectives. Naturally, the use of any force to accomplish unlawful

objectives is prohibited. The Department will not tolerate excessive and/or punitiveforce.

The Department trains its employees to use only that force necessary under thecircumstances, as those circumstances reasonably appear to the employee, at thetime force is used. What force is necessary must depend on the judgment of theemployee based upon the employee's assessment of the situation and theemployee's training and experience.

Determining and performing the appropriate response to subject resistance or assaultivebehavior requires the police officer to:

A. Understand and apply the law and Department policy to fact situations;

B. Make critical situational assessments before, during, and after the decision touse or not use force;

C. Achieve proficiency with each authorized weapon and with personal weapondefensive techniques;

D. Attain and maintain the physical skills, abilities, and conditioning necessary tosafely and effectively deploy force and authorized weapons.

To avoid repetition, and aid in understanding the Departments universal policy,procedures regarding force are grouped in subsequent sections of this Order. Specific

policies regarding certain weapons, tactics, or practices are addressed in the relevantsections.

II. Definitions:

A. Active Aggression: When a subject makes overt, hostile, attackingmovements which may cause injury to the officer or another. This aggressionmay manifest itself through actions including, but not limited to, punching,kicking, biting, or pushing.

B. Active Resistance: When a subject is making physically evasive movementsor behaviors to defeat the officers attempt to arrest or gain control. Physically

evasive movements or behaviors may include, but are not limited to physicallybracing, twisting, pulling, attempted flight, or holding onto fixed objects.

C. Electronic Control Device (ECD): A less-lethal weapon that emits an electricalenergy charge which causes electro-muscular disruption that affects the sensoryand motor functions of the central nervous system.

1. Display: The visible presence of the ECD outside of the holster

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2. Target: The pointing of an armed ECD at a subject

3. Deploy: The use of the ECD to deliver an electrical energy chargeeither by firing probes, or by direct contact.

D. Lethal Force: Force which creates a substantial risk of serious physical injuryor death.

E. Less-lethal Force: Any force that is less than lethal force.

F. Objectively Reasonable Force: Force that is proportionate to the threatpresented by, or the force needed to lawfully control, a subject in a particularmoment, as the threat or need would be reasonably perceived in that moment, bythat officer, without benefit of hindsight.

G. O.S.S.I. R.M.S. I.A. Use of Force Module: The Departments computerdata collection source used to track statistical information regarding use of force.

Data entered into the module can be reviewed in the following categories:

1. Type of force

2. Involved officer(s)

3. Involved subject(s).

4. Weapon used

5. Locations

6. Effectiveness of the force used

H. Passive Resistance: The refusal to comply with an officers verbal command tothe extent that it would require some degree of physical contact by the officer inorder to elicit compliance.

I. Physical Force: Striking, holding, pulling, pushing, throwing, or exertingstrength against another person.

J. Sensitive Population Group: People who reasonably appear to be, or areknown to be under five feet tall and weighing under one hundred pounds,elderly, suffering from medical/mental crisis, frail, pregnant, users of cardiac pacemakers or have heart conditions

K. Serious Physical Injury: An injury that creates a substantial risk of death,serious and protracted disfigurement, or impairment of the function of any bodilyorgan or limb.

L. Use of Force: The amount of effort required by police to compel compliancefrom a person. This applies to any use of force occurring while the officer isacting in an official law enforcement capacity; to include undercover, plainclothes, or uniform assignments whether on-duty or off-duty. The use of a

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firearm by police officer(s) to compel compliance with verbal commands (i.e.high risk traffic stop) does require a report of force under this policy.

Exceptions: Police actions not included in the above definition arehandcuffs when used as a restraint in arrest and transport activities;

transport by vehicle; physical removal of peacefully resistingdemonstrators; display of a firearm, (un-holstering or depressed weaponposition); presence of police officers, mounted or canine units, or policeissuance of tactical commands.

III. Policy:

It is the policy of the Department to use only objectively reasonable force to controlor overcome active resistance and or active aggression put forth by subjects whoare violent, exhibit threatening behavior, or physically resist arrest. The weaponsand tactics described in this policy shall only be applied/used by authorized andtrained employees in accordance with this Policy and related Standard Operating

Procedures.

IV. Statement of Authority:

A. Less-Lethal Force:

Subject to the provisions of Section IV-B (below), a police officer may use less-lethal force when and to the extent it is objectively reasonable to:

1. Defend himself, herself or a third person from what the police officerreasonably believes to be the use or imminent use of force.

2. Prevent the escape from custody or investigative detention or to effect anarrest or investigative detention of a person who the police officerreasonably believes (or reasonably suspects in the case of investigativedetention) has committed a criminal offense.

3. Defend himself, herself or a third person from what the police officerreasonably believes to be the use or imminent use of physical force whileeffecting or attempting to effect compliance with a lawful order.

4. Discourage the attack of a vicious or dangerous animal.

B. Lethal Force:

A police officer may use lethal force upon another person when and to the extentit is objectively reasonable to:

1. Defend himself, herself or a third person from what the officer reasonablybelieves to be the use or imminent use of deadly force;

2. Effect an arrest or to prevent the escape from custody of a person whothe officer reasonably believes is attempting to escape by means of adeadly weapon, or who by his or her conduct or any other means

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indicates that he or she presents an imminent threat of death or seriousphysical injury to others unless apprehended immediately. In the casewhere deadly force is authorized on a fleeing suspect, officers shall givesome warning, if feasible, prior to the use of deadly force. (Example:Police! Stop or Ill shoot!);

3. Destroy an animal that represents a clear threat to public safety, or as ahumanitarian measure when an animal is seriously injured and no owneris present, prepared to provide immediate emergency veterinary care.

C. Excessive Force:

Force which is not objectively reasonable is prohibited and will not be toleratedby the Department.

D. Use of Force Decision Making:

When assessing the need to use force, and the type and degree of force to use,police officers should consider the nature and extent of any threat posed by thesubject, as well as all other circumstances of the encounter. Situational factorsinclude but are not limited to the following:

1. The severity of the crime(s) reasonably believed to have been committedby the subject;

2. The degree to which the subject resists arrests or detention;

3. Attempts made by the subject to evade arrest by flight;

4. Available non-force alternative measures including de-escalation

techniques, surveillance, waiting for additional or specialized support, anddisengagement. (Note: This factor does not preclude an officer fromusing force which is objectively reasonable in a particular moment.);

5. Combatants known or perceived intentions, motivations and abilitiesrelative to the officers abilities in terms of:

a. Gender, age, size, strength, condition, and personal weaponproficiencies

b. Availability and proficiency of weapon (s) use by either thesuspect or the officer

c. Suspects motivation to harm or escape, propensity forviolence, current condition or state of mind, and combatexperience

d. The ratio of police officer (s) to combatant (s)

6. The location or environment where the use of force incident is occurring.

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E. Force Transition:

Transition from one use of force type or degree to another is common in mostforce incidents. In some extended use of force incidents the officer will correctlytransition to differing degrees or types of force several times. A frequent pattern

involves the police officers attempted use of non-force or open hands techniquesto gain compliance, followed by the use of less-lethal force that provides theopportunity for the police officer to more safely use restraint force and equipmentto secure and control the subject. Force situations are very dynamic by natureand require the officer to continually monitor and assess the situation to insure aproportionate use of force.

F. Voluntary Compliance:

Voluntary compliance is the preferred means of achieving resolution to potentialuse of force encounters. When practicable police officers should ask for andallow reasonable time for compliance.

V. Force Weapons, Tools, And Equipment:

Unless otherwise noted the policy, procedures, and the authorized conditions of use ordeployment contained in sections I-IV apply to the following subsections.

All weapons, force tools, or restraint equipment carried while on-duty, or off duty underthe police officers authority as a sworn officer, shall be those issued by the Departmentor approved for carry by the Chief of Police or his/her designee. No other suchinstruments shall be carried or used. No issued or approved equipment or weapon is tobe altered or modified unless specifically authorized by the Chief of Police or his/herdesignee. All weapons, tools, and equipment shall be maintained in good working orderand any defect shall be reported to appropriate authority and resolved expeditiously. Allweapons and equipment shall be carried and used in a manner consistent withDepartment training as well.

A. Restraint Use:

Restraints are a vital tool to maintain control and reduce injuries. Only issuedand/or authorized restraint techniques or equipment are permitted for use. Ifauthorized/ issued restraint techniques or equipment are insufficient to maintaincustody and control of a subject, supervisory notification and authorization shallbe obtained as soon as practical. Supervisors shall monitor any extraordinaryrestraint application and ensure appropriate use and documentation. Use ofrestraints as a punishment is strictly prohibited.

Restraints are authorized as objectively reasonable to:

1. Secure arrestees (or under certain circumstances, detainees) to preventescape and/or assault.

2. Prevent injury to the arrestee, detainee or others.

3. Prevent property damage.

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B. Oleoresin Capsicum:

Oleoresin Capsicum, commonly called OC or pepper spray is an inflammatoryagent. The use of OC spray is considered a form of less lethal force that can beused to disable a person temporarily. Uniformed and plain clothes police officers

performing police functions on-duty or off-duty while engaging in private securityor other law enforcement related work, shall carry Department issued OC spray.

Any person affected by OC spray, either intentionally or accidentally, will beprovided post-use care by an officer.

1. Post-use care consists of rinsing the exposed areas with a saline solutionor water as soon as reasonably possible following the exposure, placingthe exposed person in a well-ventilated area, and observing the person ina manner consistent with the Department training concerning post-usecare.

2. Police officers shall provide access to medical care upon request by theaffected person or if it reasonably appears to the officer that medical careis needed. Any doubt is to be resolved by providing medical attention.

3. Any police officer or employee affected by OC spray shall be providedwith post-use care. Documentation of any medical treatment provided to adepartment employee shall be handled in accordance with otherDepartment procedures.

C. Electronic Control Device (ECD)

The ECD is a less-lethal weapon that may be utilized to gain control of a subjectwho is exhibiting active aggression, active resistance, or other circumstances aspermitted by Department policy.

1. Deployment Guidelines

The following guidelines are supplemental to those policies andprocedures outlined in Standard Operating Procedure OPS-015.

a. The ECD will only be assigned to and be carried by on-duty swornpolice officers who have been trained and are currently certifiedin its use.

b. The use of the ECD shall be consistent with the latest training as

mandated by the Maryland Police and Correctional TrainingCommissions, the ECD manufacturer, and the Department.

c. A police officer who targets/deploys an ECD shall immediatelynotify his/her supervisor.

d. A police officer may use an ECD when confronted with activeaggression and/or active resistance, consistent with Department

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policy. The use of the ECD should be preceded by a verbalwarning when practical.

e. If an officer is faced with less than active resistance but there is areasonable and articulable expectation that it would be unsafe to

achieve contact range; and attempts to control the subject usingother tactics would be unsafe, inappropriate, ineffective, or wouldlikely result in injury to either the subject or the officer; then theofficer may deploy the ECD. (i.e. known police fighter, knowndifferences in size and strength, known disparity in relative skilllevel, prior knowledge of suspect).

f. Fleeing shall not be the sole justification for the deployment of anECD. Severity of the offense and other circumstances will beconsidered before officers use an ECD on a fleeing suspect.

g. If an officer deploys an ECD, he/she must continually reassess the

situation to ensure the level of force is appropriate.

h. The suspect should be secured as soon as practical.

i. No more than one officer may actively deliver ECD electricalcharges against a suspect at any one time.

j. Officers confronting a subject with a medical or mental conditionshould evaluate alternative force options available prior to an ECDdeployment as a means to gain compliance.

k. In situations involving a subject with an obvious medical or mentalcondition where an ECD will be used, efforts should be made tosummon EMS prior to ECD deployment.

l. The Department will maintain custody of all evidentiary itemscollected from an ECD deployment for three years plus onemonth.

m. Following an ECD deployment, officers should use a restrainttechnique that does not impair respiration of the subject to avoidpositional asphyxia.

n. Supervisors shall ensure that digital images of the suspect arecaptured as soon as practical after the use of an ECD. Particular

attention will be taken to image the impacted area and anyobvious physical injuries.

o. An officer will not target the suspects face, neck, upper chest,groin, hands, feet, or anywhere on the head with the ECD.

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2. Restrictions

a. Officers are not prohibited from using an ECD in the followingcircumstances, however ECD use is limited to those extraordinarycircumstances where the need to use the ECD reasonably

outweighs the risks to those involved. Officers should exercisegreat discretion in these specific cases;

i. When the subject is holding a firearm.

ii. On a handcuffed suspect, absent overtly assaultive, self-destructive, or violently resistive behavior.

iii. Against a suspect in physical control of a vehicle in motion.

iv. In and around water to avoid possible drowning.

v. In an environment where the suspects fall couldreasonably result in death or serious injuryEx: elevated structure.

vi. Against subjects engaged in passive resistance.

vii. Against subjects who are members of a sensitivepopulation group.

b. An ECD shall not be deployed in the following situations:

i. In an environment where an officer knows that flammable,

volatile or explosive materials are present.

ii. In an attempt to awaken unconscious or intoxicatedindividuals.

iii. For any punitive and/or unjust manner.

iv. Intentionally at any person's head, neck, or groin except indeadly force situations.

D. Impact Weapons:

The use by a police officer of a flashlight, baton, or any other objects used tostrike a blow to the muscle groups of a persons arms or legs will be considereduse of less-lethal.

A flashlight, gun, baton, or any other objects used by a police officer tointentionally strike a blow to a persons head or any other vital zone is prohibitedexcept when lethal force is authorized. While on duty, police officers areprohibited from possessing saps, sap gloves, claws, blackjacks, or otherunapproved weapons.

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Whenever the use of an impact weapon results in serious bodily harm or death,the responding supervisor shall place the impact weapon into evidence andprovide the involved officer with a replacement impact weapon.

E. Strangle Holds/Choke Holds:

Holds that may choke or restrict the ability of an individual to breathe may beconsidered the use of deadly force and are permitted only when lethal force isauthorized.

F. Firearm Use - Handgun:

1. Discharge of a firearm is regulated as follows:

a. Firearms discharge is permitted only when it is objectivelyreasonable in circumstances where lethal force is allowed underthis Order.

b. Firing at or from moving vehicles is prohibited except where thepolice officer reasonably believes that there is an imminent threatof death or serious physical injury to himself, herself or a thirdparty if the police officer does not do so and that it is the onlyreasonable means of protecting himself, herself and/or a thirdparty. The officer shall consider the safety of bystanders indetermining the reasonableness of firing at or from a movingmotor vehicle. If an officer can simply move out of the path of anoncoming vehicle, the officer shall do so rather than use lethalforce.

c. Firearms shall not be discharged when it appears likely that an

innocent person may be injured.

d. To give an alarm or to call assistance when doing so is necessaryin an emergency situation and no other means can be used to doso and such a discharge can be accomplished safely.

e. Warning shots are prohibited.

2. Firearm Display:

Police officers shall adhere to the following restrictions regarding displayof their firearms:

d. Police officers shall not draw or display their firearm unless it isreasonable to believe it may be necessary to use the weaponin conformance with this Policy.

b. Police officers, when not in uniform, shall take steps to clearlyidentify themselves if displaying a firearm.

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3. Firearms Carry:

a. Police officers authorized by law to carry firearms shall exercisethe utmost care and precaution in the safekeeping and use ofsuch weapons.

b. Police officers will carry their Department-approved firearms withDepartment-issued ammunition as their primary weapon while on-duty, unless otherwise exempted (i.e. restricted duty, specialassignment, etc.). The specific weapon issued will vary,depending on individual police officers job assignment. Policeofficers are not authorized to carry more than one handgun ontheir person while on-duty, except when authorized by the Chief ofPolice.

4. Off-Duty Firearms:

Off-duty wear and carry of a firearm is regulated in General Order 200 B-2: Off- duty Action.

G. Firearm Use - Patrol Rifles

1. Operational Guidelines

a. Officers should use a patrol rifle in circumstances, such as tacticalor high-risk arrest situations, when it is anticipated that officersmay confront an armed suspect(s).

b. The decision to deploy a patrol rifle shall be in conformance with

the training provided by the Firearm Training Unit and based uponthe resources available to the officer at the time, the risks createdby the use of the patrol rifle and the danger posed by the suspect.Such situations may include, but are not limited to:

i. Response to an Active Shooter;

ii. High-risk traffic stop;

iii. Incident where an officer has reasonable expectation thatthere is a potential for an armed subject encounter;

iv. Provide cover for a police K-9, or another officer, in thesearch for an armed subject;

v. When responding at the request of a supervisor to anextraordinary event; or

vi. Incidents in which suspects are believed to have weaponssuperior to our issued handgun.

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vii. Incidents where suspects are believed to be wearing bodyarmor.

2. Officers shall always consider the potential consequences of their actions

when making the decision to use a patrol rifle. Officers shall take intoconsideration the factors outlined in Section V. subsection G-1 throughG-3.

3. The operational responsibilities regarding the use, care, maintenance,and storage of the patrol rifle are outlined in a Standard OperatingProcedure (SOP-OPS 006).

VI. Post Use of Force Procedures Medical Aid:

Police officers who use force shall observe affected persons to detect signs of physicalchanges which may indicate a need for medical attention. If it reasonably appears that

medical attention is necessary, Emergency Medical Services shall be summoned.

Police officers transferring custody of a person on whom force was used shall advisereceiving officers or Arrest and Detention employees of the fact that force was used onthe subject, the type of force used, and the perceived effects.

The on-scene supervisor shall also notify the Arrest and Detention Section that forcewas used on the subject as soon as practical.

Emergency Medical Services shall be summoned if the subject:

A. Lost consciousness,

B. Suffered a seizure,

C. Has difficulty breathing,

D. Sustains an obvious injury,

E. Was subjected to an ECD deployment,

F. Is a member of a Sensitive Population Group and exhibits signs of medicaldistress,

G. Or there is any other indication of need.

Subjects exhibiting signs of medical distress may be transported to a medical facility byEMS personnel for medical evaluation and treatment. Any doubts regarding medical aidshall be resolved in favor of providing medical attention.

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VII. Post Use of Force Procedures - Reporting and Documentation:

A. General

Police officers involved in use of physical force greater than re-directional or

escort force shall report the incident as soon as possible, both verbally and inwriting, by notifying their immediate supervisor and documentation in the incidentreport. After review and approval of the police report describing the use of force,the supervisor shall complete the Use of Force reporting module in theDepartments Records Management System. The supervisor shall assess theincident, and, if unreasonable orexcessive force is determined to have beenused by the arresting officer, the incident will be referred to the DivisionCommander who shall, in turn, refer the matter to the Professional StandardsUnit, which shall investigate the matter per Department policy.

1. The following are examples of situations which require supervisorynotification and completion of a Use of Force Report.

a. A police officer exercising police authority uses force whichcauses any visible or apparent physical injury, or which results inthe subject saying that he or she was injured.

b. A police officer exercising police authority uses any object,including baton, flashlight, hand, fist, or foot, to strike a blow toa subject.

c. A police officer exercising police authority uses force which inany way causes a subject to suffer a blow to the head.

d. A police officer exercising police authority bodily removes ordrags a struggling subject from one place to another or into apolice vehicle.

e. A police officer uses any aerosol irritant or inflammatory agent.

f. A police officer exercising police authority uses force during orafter which a subject loses consciousness.

g. A police officer points a firearm at a person or targets a personwith an ECD

h. A police officer uses a restraint device (other than handcuffs)

i. A police officer, exercising police authority over a subject,discharges a firearm or deploys an ECD.

2. The police supervisor notified shall have photographs taken of anyinjuries which are apparent, complained of, or perceived. Police officerswith visible injuries shall also be photographed. If the subject refuses to

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be photographed police officers shall fully document his or her knowninjuries in the report.

3. If a police officer exercising police authority encounters resistance whichclearly justifies charges of resisting arrest and/or assaulting an officer,

these charges will be made immediately.

4. In any incident where a firearm is discharged, on or off duty, by a policeofficer of this Department, excluding practice on an approved range or inan approved competition, the police officer shall immediately notify his orher Commanding Officer. Additionally, the police officer shall submit acompleted and detailed report of the incident within 24 hours of thedischarge to the Chief of Police and to the Office of ProfessionalStandards. Each reported discharge shall be promptly investigatedthrough the Office of Professional Standards.

5. In cases involving death or serious injury of an individual caused by an

officer, the Shift Supervisor, after being notified, will immediately contactthe Division Commander. The Division Commander shall contact theChief of Police and cause the State's Attorney's office, City Solicitor andRisk Manager to be notified. An immediate preliminary investigation willbe conducted internally by the Office of Professional Standards or, if byorder of the Office of Professional Standards, an outside Department.

6. Officers shall surrender any firearm discharged to the appropriateinvestigator for an official investigation. A replacement firearm shall beissued to the member by a departmental armorer, if appropriate.

B. Reporting Requirements

1. Involved Officer

a. Officers involved in use of force incidents shall report the incidentverbally to his/her supervisor. This verbal notification shall beperformed while the officer is still at the scene of the incident.This will afford the supervisor an opportunity to respond to thescene to better evaluate the incident and actions of the involvedofficer. The involved officers verbal notification to his/hersupervisor shall include any observed or verbalized complaint ofinjury by the subject.

b. Officers involved in use of force incidents shall provide

written documentation of the event in an incident report. Officersshall provide explicit detail of the subjects actions that requiredforce to combat resistance. Generalizations such as: the subjectwas disorderly or the subject resisted are insufficient to properlydocument actions that would warrant the application of force. Theofficer shall describe in detail the subjects actions and conduct,as well as, an account of all verbal commands and instructionsdirected at the subject to whom the force was applied. The officer

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shall make every effort to utilize proper terminology to describethe defensive tactics used to bring a situation under control(examples: arm-bar-takedown, open hand palm strike, verticalforearm strike).

c. The officer shall also include in the incident report:

i. All injuries sustained by the subject and/or police officer,complaints of injury made by the subject and/or policeofficer, as well as visible signs of injury to any involvedparty.

ii. Medical aide provided, to include the type of treatment andthe treatment provider

iii. If digital/video images of injuries are taken, the name of theperson taking the images.

iv. Use of alcohol and/or drugs by the subject and anyinformation to substantiate the suspicion of such use.

v. Charge or charges filed against the subject.

vi. Name of the supervisor contacted about the use of force.

d. An officer involved in a use of force incident must complete andsubmit a written report describing the event prior to concludingtheir tour of duty for the day.

e. If the officer is unable to make a report, the supervisor mustsubmit the required reports within 24 hours.

f. Multiple officers who use their firearm for the sole purpose tocompel compliance during a high risk traffic stop need only toreport this event through one initial incident report listing all policeofficers who used the described compliance technique.

2. Shift/Unit Supervisor

a. When practical, supervisors who are notified of a use of force byan officer shall respond to the scene of the event. Supervisorsshall alwaysrespond to the scene of a use of force eventwhere a firearm or an ECD has been deployed. Supervisors shallalso respond to a use of force event when an injury has beensustained by either the involved officer or subject. Upon arrival atthe scene, the supervisor shall carefully note:

i. Statements made by the involved officer(s) and subject(s)

ii. The identity of any person(s) who witnessed the incidentand their statements

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iii. Any reported or observed injuries

b. In the event the use of force resulted in injury to either theinvolved officer and/or subject, the supervisor shall makenotifications to command staff personnel as outlined in

Department Policy. The Office of Professional Standards shallbe notified immediately for all use of force incidents resulting inserious bodily injury or death of an involved party.

c. Once an officer has completed and submitted a police reportinvolving a use of force, the shift supervisor shall review thereport to determine if adequate information has been providedby the involved officer for approval. If the report is deficient,the supervisor shall assure the involved officer provides allnecessary information to properly document the event.

d. After a supervisor has reviewed and approved a use of force

incident report, the supervisor shall complete a Use of ForceReport utilizing the Departments Records ManagementSystem I.A. Module.

3. Records Management System I.A. Module: Use of Force

a. The reviewing supervisor shall go to the IA Module of theDepartments Records Management System (RMS) and open theUse of Force sub-module. This sub-module contains four tabstitled: Page 1, Subject, Supervisor Review, and Page 4.

b. The supervisor shall place the case number of the use of force

incident in the appropriate block then click tab on the keyboard.RMS will automatically open a pop-up window with detailed CFSinformation for the case number specified. The supervisor shallreview the information carefully to insure use of force informationis being associated with the correct incident. After the supervisoracknowledges the Case Confirm window, the RMS system willauto populate date, time and location fields on the Use of Forceform. The supervisor shall tab through each field, providingincident specific information. Several dropdown and toggle menusare provided to assist supervisors with data collection (whenselected, dropdown fields turn blue and toggle fields turn green).

c. Under the field entitled Summary, the supervisor shall enter oneof two statements

i. The use of force applied in this incident complies withDepartment standard and policy, or

ii. The use of force applied in this incident does not complywith Department standard and policy

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d. Once the supervisor has provided all required information onPage 1, he/she shall move to the Subject tab and provide allappropriate information regarding the use of force incident. Beginby adding the subjects name to the form (the same Master Namerules apply as with other RMS modules). Again, several

dropdown and toggle menus are provided to assist supervisorswith data collection.

e. Once the supervisor has completed all required information onPage 1 and the Subject tab, he/she shall notify the shiftcommander and division commander via e-mail of the report socommand review can be completed.

C. Review Requirements

1. Shift Command Review

a. A shift commander notified via e-mail of a use of force by amember of his shift/unit shall review the police report completedby the involved officer, as well as, the use of force reportcompleted by the supervisor. Both reports can be reviewed fromthe Use of Force record.

b. A shift commander is required to provide feedback on the use offorce incident under the Supervisor Review tab. The shiftcommander shall provide all appropriate information regarding theuse of force incident. This page gives the shift commander theability to critique the event and make recommendations.

c. The shift commander is also required to provide a Recommended

Classification of the use of force. The classifications arecategorized as follows:

i. Necessary and Justified Force was appropriate for theincident at hand and met the standards and policy of theDepartment.

ii. Unnecessary/Unreasonable Force Force that is usedwhen not required in light of the circumstances or outsidewhat a prudent law enforcement officer would use.

d. The shift commander shall enter his/her comments in theRecommendation Reason narrative field. When a use of forceevent meets Department policy, the shift commander need onlyreport: The use of force applied in this incident complies withDepartment standard and policy. If the use of force does notcomply with the Department standard and policy, the shiftcommander must provide an explanation regarding non-compliance of policy and a recommendation to remediate forcorrective action.

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e. Any time the shift/unit commander is not in agreement with theShift Supervisors critique, a brief explanation must be provided inthe Recommendation Reason field.

f. The shift/unit commander performing the review must notify the

Division Commander of the use of force (providing the casenumber) via e-mail.

2. Division Command Review

a. Division Commanders notified of a use of force via e-mail shallreview the use of force report completed by the shift supervisorusing the Records Management Systems I.A. Module, Use ofForce sub-module.

b. Division Commanders shall indicate their approval or disapprovalof the supervisors/shift commanders review of the use of force

and provide an explanation of their approval/disapproval.Approval of the report and information provided regarding the useof force incident can be documented with the statement: Use offorce was justified and complies with Department policy. Anydiscrepancies in policy noted by the division commander shall benoted in the Explanation section.

3. Office of Professional Standards Review

a. The Office of Professional Standard shall produce a weekly reportregarding all reported uses of force utilizing the RecordsManagement Systems I.A. Module.

b. The Office of Professional Standards shall review each use offorce report for compliance with Department policy.

c. Any deviation from policy noted in use of force reports shall bereviewed by the Office of Professional Standards and arecommendation shall be made regarding additional action. Thisaction may involve:

i. Policy evaluation

ii. Training

iii. Counseling

iv. Punitive measures

4. Chief of Police Review

a. The Chief of Police may request a report regarding theDepartments use of force at anytime. This report shall becompiled by the Office of Professional Standards.

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b. As a matter of standard review, the Office of ProfessionalStandards will provide a monthly use of force report to the Chief ofPolice.

D. Administrative Leave:

An officer directly involved in a deadly force incident which results in injury ordeath shall be placed on Administrative Leave upon completion of the preliminaryinvestigation of the incident. This leave shall be without loss of pay or benefits,pending results of the investigation. The leave shall not be interpreted to imply orindicate the officer has acted improperly. Upon approval of the Chief of Police,the officer may be assigned to administrative duties. While on administrativeleave the member shall be subject to recall to duty at any time. Such membermust supply the Office of Professional Standards with a telephone number withwhich contact may be made 24 hours a day. Upon returning to duty, the officermay be assigned to administrative duties for a period of time deemed appropriateby the Chief of Police.

In all cases where deadly force is used by an officer, the involved officer will berequired to undergo a consultation with the Department's psychologist. Thepurpose of this consultation is to allow the officer to express his or her feelingsand to deal with any psychological after-effect of the incident. Upon therecommendation of the department psychologist, additional consultations may bescheduled for the involved officer through an independent psychological service.The independent psychological evaluations shall not be related to anyinvestigation of the incident, and nothing discussed in the independentconsultations shall be reported to the Department with the exception ofadmissions to and/or the intent to commit criminal acts or the threat of suicide.

E. Audit:

The Office of Professional Standards shall conduct a monthly audit of all reportedexcessive force complaints and all Use of Force Reports completed byemployees of the Department. This audit shall be used by the Department toreveal patterns or trends that could dictate training needs, need for equipmentupgrades, and/or policy modifications.

VIII. Force Training:

A. Training Requirement:

No officer will use any authorized weapon or device without having received prior

training/certification in all areas relating to its use and having demonstratedrequired proficiency with each weapon or device as mandated by the MarylandPolice and Correctional Training Commissions, the manufacturer of specificweapon systems, and the Department.

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21

B. Annual Training:

Sworn officers will receive annual training regarding the use of force policy,firearms training/qualification, and less-lethal weapons systems to includeweaponless control techniques.

C. Training Documentation:

All training regarding use of force and related weapons systems will bedocumented by a qualified instructor and submitted to the Training Unit forretention and review by the department and the Maryland Police and CorrectionalTraining Commissions.

D. Remedial Training:

All remedial training regarding use of force and related weapons systemsconducted by the Department shall be under the direction of a qualified instructor

and comply with the mandates set by the Maryland Police and CorrectionalTraining Commissions.


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Ocean City Police DepartmentStandard Operating Procedure

S.O.P.-OPS 015Effective: 02/01/2012

Subject: Use/Storage/Care and Maintenance of Electronic Control Devices

Table of Contents

I. Purpose

II. Definitions

A. AFID Tags

B. Electronic Control Device (ECD)

C. ECD Coordinator

D. Neuro-Muscular Incapacitation (NMI)

E. Smart Cartridge

F. Taser X2 ECD

III. Policy

IV. Training and Authorization

V. Inspection

A. Pre-shift Inspections

B. Supervisor Inspections

C. Quarterly Inspections

VI. Duties & Responsibilities; ECD Coordinator

VII. Use Criteria

VIII. Post-ECD Use

A. Post Deployment Observation and Medical Aid

B. ECD Probe Removal

C. Evidence Collection

D. Reporting

E. Data Collection

IX. Safety and Storage

A. General

B. Arrest & Detention Section

X. Maintenance


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S.O.P.- OPS 015Use/Storage/Care and Maintenance of Electronic Control DevicesPage 2 of 10

I. Purpose:

The purpose of this policy is to provide trained officers with guidance on the use,storage, care and maintenance of Department approved Electronic Control Devices(ECD). This policy was developed to complement the information found in GeneralOrder 200 U-1, entitled Use of Force.

II. Definitions:

A. AFID Tags: Confetti-like pieces of paper that are expelled from the cartridgewhen ECD probes are deployed. Each anti-felon identification (AFID) tagcontains an alphanumeric identifier unique to the cartridge used.

B. Electronic Control Device (ECD): A less-lethal weapon that emits an electricalenergy charge which causes electro-muscular disruption that affects the sensoryand motor functions of the central nervous system.

1. Display: The visible presence of the ECD outside of the holster

2. Target: The pointing of an armed ECD at a subject

3. Deploy: The use of the ECD to deliver an electrical energy chargeeither by firing probes, or by direct contact.

C. ECD Coordinator: A supervisory member of the Defensive Tactics Unitwho has been trained in accordance with policy as an ECD instructor, user,and technician, and who has been selected by the Department to coordinate theprogram.

D. Neuro-Muscular Incapacitation (NMI): The stimulation of sensory and motornerves causing uncontrollable muscle contractions that inhibit a subjectsabilities to perform coordinated movement.

E. Smart Cartridge: A replaceable cartridge for the TASER X2 ECD which firestwo barbed probes on thin insulated connecting wires, sending a high voltage/low amp signal into a subject.

F. Taser X2 ECD: An electronic control device (ECD)that utilizes compressednitrogen to propel two probes up to 25 feet. The probes are connected to theweapon by a thin insulated wire. When the probes make contact with thesubject, they transmit an electrical pulse along the wires and into the bodythrough up to two inches of clothing.

NOTE: Other terms associated with ECD use are located in G.O. 200 U-1, Section III.


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III. Policy:

Police officers have access to a variety of weapons and related tactical devices intendedto control persons engaged in active resistance or active aggression. An ElectronicControl Devices (ECD) is deployed as an additional police tool and is not intended toreplace firearms or self-defense techniques. An ECD may be used to control a subject

who exhibits active aggression or active resistance when:

A. Lethal force does not appear to be justified and/or necessary,

B. Attempts to subdue the subject by other methods have been, or will likely be,ineffective in the situation at hand, or

C. There is reasonable expectation that it will be unsafe for officers to approachwithin contact range of the subject to effect an arrest.

Accordingly, qualified officers who are confronted by dangerous and/or violent personsare authorized to use the TASER X2 ECD in accordance with the provisions of thispolicy. This policy does not create a duty to use the TASER X2 ECD in lieu of otherweapons or devices.

IV. Training, Authorization & Accountability:

A. Only officers who have successfully completed the Departments ECD trainingprogram, satisfactory demonstrated proficiency with the ECD, and have beenissued a departmental ECD and associated equipment, are authorized to carryand use the device. Proficiency must be demonstrated:

1. During initial ECD certification to include a minimum of 24 hours ofclassroom lecture and practical application exercises.

2. During annual recertification to include a minimum of 4 hours ofclassroom lecture and practical application exercises.

Note: Officers whose ECD certifications have expired must attend an initial ECDcertification class, not a re-certification class, and may not carry an ECDuntil the initial certification class has been completed.

B. All initial ECD certification training and annual ECD re-certification training shallbe conducted by an instructor selected by the Department, certified by TASERInternational and approved by the Maryland Police and Correctional TrainingCommissions. ECD instructors must attend a re-certification program conductedby TASER International biennially.

C. Only the departmentally issued TASER X2 ECD, issued TASER holster, andissued TASER cartridges are authorized for use.

D. An officer who carries a departmental ECD shall position the ECD holster on theopposite side of the body from the issued firearm. Generally this will put the ECDon the support side of the body where it will be holstered / un-holstered in across-draw manner.


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VI. Duties & Responsibilities; ECD Coordinator

The ECD Coordinator shall be responsible for;

A. Planning, overseeing and administering all ECD programs and training inconjunction with the Defensive Tactics Coordinator

B. Fiscal management of the ECD program to include development and submissionof the programs annual budget

C. Ensuring that a control log is maintained for cartridge sign out, and for ECDassignment

D. Supervising the maintenance, repair, issuance and care of all ECD operationalsupplies to include;

1. Maintaining appropriate records and documentation of any equipmentmaintenance or repair

2. Conducting a full data download prior to shipping any device for repairs orservice

3. Monitoring the supply of spare cartridges and battery packs andreplenishing stocks as necessary.

E. Ensuring that quarterly inspections of ECDs are completed during the months ofJanuary, April, July, and October of each year. The inspection shall include;

1. Arc Test

2. Battery Life System Check

3. Device condition review

4. Data Download to allow for an individual analysis of an ECD toretrieve specific information regarding operation and use.

5. Clock reset

F. Completing administrative reports for the program

VII. ECD Use Guidelines

A. The targeting and/or deploying of an ECD is considered a use of force and will beemployed in a manner consistent with the department's use of force policy asoutlined in G.O. 200 U-1, and specifically addressed in Section V, Subsection C.

B. The ECD may be used to target a subject in an attempt to gain compliance of thesubject involved in active resistance, active aggression and/or if violence isreasonably anticipated.


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C. Electrical charges may be released from the ECD by three (3) means:

1. Warning Arc: A non-contact display of the ECDs ability to dischargeelectricity. The purpose of this display is to gain a subjects voluntarycompliance to a lawful order to avoid either Probe Deployment or DriveStun.

2. Probe Deployment: Firing of two probes from a disposable cartridge,which are connected to the ECD by insulated wires that release electricalpulses into the body. Probe deployment should be used as the primaryoption.

3. Drive Stun:

a. When the ECD is applied directly to the body;

i. To supplement probe deployment and gain NMI or;

ii. As a countermeasure to gain separation betweenthe officer and the subject so that the officer canconsider another force option, or;

iii. For pain compliance when other force options, areineffective or unavailable.

b. A Drive Stun does not inhibit the central nervous system of thesubject and is therefore less effective than probe deployment.

c. The use of Drive Stun is discouraged unless a probedeployment is not possible or the ECD has already beendeployed and the immediate application of the drive stunwill bring a subject displaying active resistance or activeaggression safely under control. Multiple drive stuns arediscouraged.

D. Whenever practical and reasonable, officers should issue a verbal warningin sufficient time prior to discharging the ECD on a subject to:

1. Give the subject the opportunity to voluntarily comply with the officer'slawful orders; and

2. Alert assisting officers of the possible ECD deployment.

E. When deploying the ECD, officers should;

1. Continually reassess the situation to ensure that the level of force isappropriate.

2. Administer only the minimal number of ECD cycles necessary toachieve control


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3. Order and direct the subject, as the incident requires, to minimize thenumber of ECD cycles needed for compliance. Officers should beaware that the subject may not be able to respond to commands whileunder the effects of an ECD cycle

4. The subject should be secured as soon as practical to minimize the

number of ECD cycles and minimize further active aggression orresistance

F. The ECD is not a substitute for lethal force, and generally should not be usedin those situations. If an ECD is deployed in those situations, a second officershould be present to provide lethal force cover.

G. Officers may use lethal force to protect themselves from the use or threateneduse of an ECD when the officer reasonably believes that lethal force will beused against him/her if he/she become incapacitated.

H. An ECD may be deployed on an animal when the animal is threatening or isattacking a person, including officers, another animal, or property.

VIII. Post-ECD Use:

A. Post Deployment Observation and Medical Aid

1. Officers shall assure the procedures outlined in G.O. 200 U-1, Section VIentitled Post Use of Force Procedures Medical Aid are followedafter each ECD deployment

2. If a subject has been released from a medical facility after an ECDdeployment and is in Department custody, all employees havingcontact with the subject shall monitor him/her for signs of medicaldistress for the duration of custody.

3. If the subject is not criminally charged or subject to EmergencyPetition procedures, appropriate advice concerning medical treatmentshall be provided by Emergency Medical Services. If the subjectdeclines transportation to a medical facility, EMS protocols will befollowed.

B. ECD Probe Removal

1. Absent any unusual circumstances, ECD probes can be safely removedby a certified ECD user and shall be removed at the earliest opportunity.First aid should include treating any puncture wound the subject mayhave.

2. Officers shall not remove probes if the probes:

a. Are embedded in sensitive areas of the body that include; head,eyes, neck, hands, feet, genitalia, or female breasts


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b. Are deeply embedded in the body, or;

c. Are difficult to remove.

C. Evidence Collection

If an ECD is deployed, officers shall;

1. Collect materials associated with an ECD deployment. Officers should bemindful of bio-hazard concerns and wear protective gloves whencollecting and handling all evidence.

2. Take digital images of the probe/drive stun impact sites and any relatedinjuries unless inappropriate to do so. Officers shall submit the images tothe Forensic Unit for processing and evidence retention.

3. Break the connecting wires from each probe prior to removal of theprobes from the subject and remove them in accordance with usertraining protocol.

4. Remove all discharged cartridges from the ECD

5. Collect as many AFID tags as possible from a probe deployment of theECD

6. Package and submit as evidence all discharged cartridge(s), AFID tags,probes and connecting wires following ECD user training protocoland departmental policy and practice regarding evidence collection.

D. Reporting

Reporting requirements regarding ECDs are outlined in the Departments Useof Force Policy (G.O. 200 U-1).

1. In general, the following are the requirements regarding the reporting ofECD use;

a. Display: The visible presence of an ECD outside of the holsterand/or the warning arc of an ECD while held in the depressedposition shall be considered a display and no report is needed.When the display of an ECD serves as an effective deterrent in anescalating incident, officers shall notify the ECD Coordinator via e-mail detailing the incident. The ECD Coordinator will maintain thisstatistical data for analysis.

b. Target: The pointing of an armed ECD and/or the performing of awarning arc at a subject shall require the completion of a use offorce report as outlined in G.O. 200 U-1, Section VII.


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c. Deploy: The firing of the ECD to deliver an electrical energycharge into a subject shall require the completion of a use of forcereport as outlined in G.O. 200 U-1, Section VII.

2. Officers who accidentally/unintentionally deploy an ECD shall;

a. Evaluate the need for medical attention and request as necessary

b. Immediately notify an on-duty police supervisor

c. Document the incident as follows;

i. If the ECD is deployed at an employee and the employeeis struck by probe deployment or drive stun, the Officershall document the incident on a Form 95 and forward thememoranda via the chain of command to the Chief ofPolice. The on-duty supervisor shall complete a first reportof injury on the incident.

ii. If the ECD is deployed at a non-employee and the non-employee is struck by probe deployment or drive stun, theofficer shall document the event in a police incident report.An on-duty supervisor shall ensure that the Town Reportof General Liability report is completed and forwarded perTown policy. This is not considered a use of force perdepartmental policy.

iii. All other accidental/unintentional deployments shall bedocumented on a Form 95 and forwarded via the chain ofcommand to the Chief of Police.

3. In addition to the internal reporting requirements set forth in G.O. 200 U-1and this Policy, an on-duty supervisor notified of an ECD deploymentshall notify the Towns Risk Management Department via e-mail of theevent prior to concluding his/her tour of duty. The e-mail notification shallinclude the date/time of the deployment, the police incident reportnumber, and the name of the person subjected to the ECD deployment.

E. Data Collection

1. An officer who deploys an ECD will request that the ECD Coordinatordownload the stored deployment data from the ECD. This request shallbe made via Departmental e-mail as soon as practical after thedeployment.

2. The ECD Coordinator shall ensure that the data download isaccomplished within 7 days of the deployment.

3. The ECD Coordinator shall provide the data to the Office of ProfessionalStandards for inclusion in the OSSI Use of Force Module.


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IX. Safety and Storage:

A. General:

1. An ECD shall always be carried with the safety switch in the safeposition (down position).

2. At the conclusion of a tour of duty, an officer shall secure an ECD in amanner that prevents unauthorized persons, to include adults andchildren, from having access.

3. Officers must never leave the ECD unattended for any amount of time, forany reason, unless the device is properly secured and stored.

4. When stored for extended periods of time, an ECD shall be kept in aclimate controlled environment with the power performance magazineinserted. Officers should avoid, when possible, storing the ECD inextreme heat or cold conditions.

B. Arrest and Detention Section:

1. An ECD must be secured in the designated weapons storage lockerslocated outside the Arrest and Detention Section before entering thisrestricted area.

2. An ECD may be utilized in the Arrest and Detention Section in the eventexigent circumstances exist to control a prisoner.

X. Maintenance

A. Officers are prohibited from making modifications or attempting repairs to anECD or to an ECD holster.

B. Officers shall avoid exposing an ECD to excessive moisture

C. Officers are cautioned that an ECD is a sensitive electronic device and shouldexercise care so as not to drop the device

D. Officers shall maintain an ECD in conformance with the ECD manufacturersrecommendations and Department policy

Reference(s): G.O. 200 U-1

Supersedes: Legal Review and Approval: 01/20/2012

Distribution Date: 01/30/2012 Distribution Type: A Chief of Police:



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5 Continuance of Street Improvement Funding Discussion:

Approval of Parking Rates; Discussion of Additional Meters;

and Consideration of Bonding Street Improvements

Presented by: Terence McGean, City Engineer; Hal

Adkins, Public Works Director; and Martha Bennett,Finance Administrator


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INTEROFFICE MEMORANDUM

TO: MAYOR MEEHAN

FROM: TERENCE MCGEAN

SUBJECT: PARKING

DATE: 1/24/2012

CC: HAL ADKINS, JENNIE KNAPP, MARTHA BENNETT, RICHARD MALONE

There are a three issues related to paid parking in the City that the Council has requested fordiscussion or approval.

1. First is the change in parking rates for all paid parking except for the inlet parking lot. Aspreviously presented to the council, the proposed rates would be $1.50 per hour but there wouldbe no charge for parking Mon-Thursday in the off season except during Sunfest, Springfest, andthe car cruises. We would estimate that this would generate additional revenue of between$400,000 to $500,000. Guy Ayers will have a resolution prepared for the January 31 worksession.

2. The inlet parking lot rates were raised for 2010 and there was a reduction in demand at that lotafter the rates were increased. While we expect demand to increase back to pre- 2010 levels inthe coming years, staff does not recommend a rate increase in the inlet lot at this time. However,as previously discussed with the council, the control system at the inlet lot has reached the end ofits useful life and will have to be replaced prior to the 2013 season. The estimated cost for thatwork is $400,000. Staff would recommend that either a bank qualified loan for this amount witha five year term be obtained to finance this work or that the project be paid for from fund

balance. We would like to begin the procurement process this summer so that we have plenty oftime to get the new system installed prior to the 2013 season.

The estimated $400,000 does not include the cost for EZ Pass implementation. I have used EZPass at an Airport Parking lot in New York City. It is not a simple drive through process. Youmust still get a ticket, and you must still stop at the booth, have your ticket read and only then isthe EZ Pass used for payment. In one incident I had to physically remove the EZ Pass unit frommy vehicle and hand it to the attendant to make the payment. The additional cost to implementEZ Pass at the lot including software, readers, and mounting systems will be over $100,000 andtherefore I would not recommend EZ Pass implementation at this time.

3. Last, but certainly not least, is the discussion of additional on street parking meters. Council hasrequested that staff evaluate possible locations for additional on street parking meters.Estimating revenue from new metered street spaces is difficult. I tried to use a logical approachbased on the street location and expected demand. Existing downtown metered spaces generatean average of $1,200 per space. Expected revenue from the new spaces is estimated from $400 to$1,000 per year depending on location. There is a very high degree of uncertainty in theserevenue estimates. Total net new revenue is the expected revenue from the space less the cost ofthe Cale Machines amortized over 5 years and additional expenses for enforcement, maintenance


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2

and collection. I have identified three general areas that might be compatible with paid parking asfollows:

a. Boardwalk: This would add parking meters on the Ocean Block streets from 10 th to 27thstreet as well as Baltimore Ave from 10th to 27th streets, numbered streets betweenBaltimore Ave and Philadelphia Ave from North Division to 10th Street and the East

side of Philadelphia Ave from 1st to 27th Streets. Total new revenue from these spaces isestimated at approximately $400,000 per year.

b. All Ocean block streets north of 27th Street. Total net new revenue is estimated at $1.7million per year. However, as discussed later in this memo, many of these spaces areused by adjacent property owners which complicates any effort to meter these areas.

c. What I term Bayside Business. These are locations primarily West of Philadelphia Ave/Coastal Highway that are zoned commercial or Mixed Use and have existingprimarily commercial development on the street. Total net new revenue is estimated at$500,000 per year.

Recognizing the extreme controversy surrounding this issue I have created a fourth list of streetsfrom all three of the above (but mainly the Bayside Business list). These are streets that in myopinion are the most obvious candidates for street metering based on the surrounding uses.Estimated net new revenue from these streets is $100,000 per year.

The concept of a residential parking pass that would exempt residents from paying the CaleMachines is often brought up particularly in association with charging for ocean block parking. Iwould strongly caution the Council in implementing such a pass. The pass would likely have to bemade available to all property owners. There are over 28,000 units in Ocean City and there are a totalof about 4,000 ocean block spaces. A quick ride down many of the Ocean Block streets on a busysummer day reveals an interesting phenomena; you will see many condominiums with vacant parkinglots but vehicles parked in every street space directly in front of the building. The on street spaces aresimply more convenient then on-site parking. If the pass is given for no or very minimal fee, we will

simply lose most of the expected revenue from the ocean block spaces to the property owners passsystem and basically be right where we are today but with hundreds of Cale machines to service andpatrol with little or nothing to show for it. If we charge a reasonable rate for these passes equivalentto what me might expect from the meter, then pass holders may well have an expectation that for$600 a year they have a right to the parking space in front of their building or on the ocean blockstreet nearest their bayside home. Certainly a pass system could be restricted to zones or othercriteria but the more complex the system, the more cumbersome and difficult it is to administer andenforce.

Attached are summary sheets for each evaluated area and a detailed list of every street includingnumber of spaces, zoning, expected revenue, and number of Cale Machines.


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Bayside Business

Annual

Location From to # spaces Total Rev # Cale Cale cost Notes

Phil West S 1st N Div 55 $35,750 7 $52,500Phil West 15th 17th 10 $6,000 2 $15,000Phil to Bay 1st 4th 73 $35,500 6 $45,000Balt to Phil 15th 33rd 248 $161,200 20 $150,000

Phil to St Louis 15th 16th 26 $16,900 3 $22,500 no residential tHerring Dolphin 22nd 76 $49,400 4 $30,000Robin Dr Coastal Judlee 12 $7,800 1 $7,500Bayside Misc areas 44th 131st 683 $412,500 31 $232,500 see list below

Totals 1183 $725,050 74 $555,000

Annual Cale CostTerm 5 yrsInterest 4%Annual Pay ($124,668)

Add'l Enforcement 48,000$Add'l Techs 40,000$

Total Annual Costs $212,668

Net new annual revenue $512,382

Bayside Misc areas include 44, 49, 56, 57, 59, 60, 61, 64, 66, 67, 68, 69, 71, 75, 77, 80, 82, 83, 84, 85, Arctic, 127 &13


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Ocean Block SummaryAnnual

Location From to # spaces Total Rev # Cale Cale cost Notes

Ocean Block 28th 33rd 95 $76,000 14 $105,000Ocean Block 34th 48th 436 $353,600 16 $120,000Ocean Block 49th 49th 31 $31,000 1 $7,500 no residential th

Ocean Block 50th 62nd 446 $304,800 13 $97,500Ocean Block 63rd 86th 578 $388,800 24 $180,000Ocean Block 86th 94th 198 $150,200 8 $60,000Ocean Block 118th 129th 521 $266,200 24 $180,000Ocean Block 130th 136th 445 $281,400 14 $105,000Ocean Block 137th 142nd 342 $134,500 12 $90,000Ocean Block 143rd 146th 202 $85,600 7 $52,500Totals 3294 $2,072,100 133 $997,500

Annual Cale CostTerm 5 yrsInterest 4%

Annual Pay ($224,066)



Net new annual revenue $1,708,034


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Least Controversy

Annual

Location From to Zoning # spaces Total Rev # Cale Cale cost Note

Phil East 2nd 3rd DMX 17 $10,200 1 $7,500Phil East 7th 8th LC1 13 $7,800 1 $7,500

Phil West 15th 17th LC1 10 $6,000 1 $7,5001st Street Balt Philly DMX 10 $5,000 1 $7,5002nd Street Balt Philly DMX 8 $6,400 1 $7,5003rd Street Balt Bay DMX 42 $25,200 3 $22,500 North

22nd Street Balt Philly LC1/R3 14 $9,100 1 $7,50023rd Street Balt Philly LC1/R3 12 $7,800 1 $7,50029th Street Balt Philly LC1/R3 9 $5,850 1 $7,50031st Street Balt Philly LC1/R3 13 $8,450 1 $7,50032nd Street Balt Philly LC1/R3 9 $5,850 1 $7,50044th Street Coastal Bay LC1 20 $8,000 1 $7,50049th Street Ocean Coastal LC1 31 $31,000 1 $7,50049th Street Coastal Bay LC1 20 $20,000 1 $7,50060th Street Coastal Bay LC1 50 $32,500 2 $15,000

61st Street Coastal Bay LC1 30 $19,500 2 $15,000131st Coastal Sinepux LC1 38 $24,700 2 $15,000

Totals 346 $233,350 22 $165,000

Annual Cale CostTerm 5 yrsInterest 4%Annual Pay ($37,063)



Net new annual revenue $108,287


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Bayside Business

Street Block Zoning Spaces est /space Total Notes

Philadelphia Ave West S1st to S Div DMX 7 600 4200

Philadelphia Ave West S Div to Worcester DMX 13 600 7800

Philadelphia Ave West Worces to Wicom DMX 11 600 6600Philadelphia Ave West Wic to Somer DMX 11 600 6600

Philadelphia Ave West Somer to Dorch DMX 3 600 1800

Philadelphia Ave West Dorch to Talbot DMX 6 600 3600

Philadelphia Ave West Talbot to Caroline DMX 4 600 2400

Philadelphia Ave West 1st to 2nd DMX 0 0

Philadelphia Ave West 2nd to 3rd DMX 0 0

Philadelphia Ave West 3rd to 4th R2 0 0

Philadelphia Ave West 4th to 5th LC1 0 0

Philadelphia Ave West 5th to 6th R2 0 0


Philadelphia Ave West 7th to 8th LC1 0 0

Philadelphia Ave West 8th to 9th R2 0 0Philadelphia Ave West 9th to 10th R2 11 0






Philadelphia Ave West 15th to 16th LC1 7 600 4200

Philadelphia Ave West 16th to 17th LC1 3 600 1800

Talbot Balt to Phil DMX 16 1000 16000

Caroline Balt to Phil DMX 10 500 5000

1st Balt to Phil DMX 10 500 5000

1st Phil to St Louis DMX 10 400 4000

2nd Balt to Phil DMX 8 800 6400

2nd Phil to St Louis DMX 9 500 4500

3rd Balt to Phil DMX 14 800 11200

3rd Phil to St Louis (N side) DMX 10 500 5000

3rd St. Louis to Bay DMX 18 500 9000


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4th Balt to Phil R3A/LC1 20 800 16000

4th Phil to St Louis (S side) R3A 11 500 5500

4th St. Louis to Bay (S side) R3A 15 500 7500


6th Balt to Phil R3A 20 0 0


8th Balt to Phil R3A/LC1 11 0 09th Balt to Phil R3A 9 0 0

10th Balt to Phil R3A 19 0 0

15th Balt to Phil LC1/R3 12 650 7800

15th Phil to St Louis N. Side LC1 9 650 5850


16th Phil to St. Louis LC1 17 650 11050




Upshur Balt to Phil LC1/R3 10 650 6500


21st Balt to Phil LC1/R3 10 650 650022nd Balt to Phil LC1/R3 14 650 9100

23rd Balt to Phil LC1/R3 12 650 7800








31st Balt to Phil LC1/R3 13 650 8450

32nd Balt to Phil LC1/R3 9 650 5850

33rd Balt to Phil LC1/R3 7 650 4550

Herring Dolphin to 22nd LC1/R1/BM1 68 650 44200

22nd Phil to Herring LC1 8 650 5200

Robin Dr Coastal to Judlee LC1/R2 12 650 7800

44th Coastal to Bay LC1 20 400 8000 bank and

49th Coastal to Bay LC1 20 1000 20000



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61st Coastal to Bay LC1 30 650 19500


65th Coastal to Bay LC1 0 City emp

66th Coastal to Bay LC1/BMUD 52 650 33800 City emp67th Coastal to Bay LC1/BMUD 29 650 18850

68th Coastal to Bay LC1/BMUD 25 650 16250

69th Coastal to Bay LC1/R2 36 650 23400

71st Coastal to Bay LC1/R2 40 650 26000

75th Coastal to Bay South side LC1 16 650 10400



82nd Coastal to Bay LC1 20 650 13000

83rd Coastal to Bay LC1 17 400 6800

84th coastal to bay LC1 20 300 6000

85th Coastal to Bay LC1 8 0 0 Homewo

Arctic Coastal to E. Biscayne LC1 10 650 6500127th Coastal to Jamaica LC1 68 400 27200 excess sp

131st Coastal to Sinepuxent LC1 38 650 24700

1396 793900


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Possible Additional Metered On Street Parking Boardwalk and Ocean Block

Street Block Zoning Spaces Est $/Space Total NotesPhiladelphia Ave East 1st to 2nd DMX 0

Philadelphia Ave East 2nd to 3rd DMX 17 600 10200

Philadelphia Ave East 3rd to 4th R3A 8 600 4800

Philadelphia Ave East 4th to 5th LC1 0 600 0 7 time rPhiladelphia Ave East 5th to 6th R3A 13 600 7800

Philadelphia Ave East 6th to 7th R3A 9 600 5400

Philadelphia Ave East 7th to 8th LC1 13 600 7800 11 time








Philadelphia Ave East 15th to 16th LC1 5 300 1500

Philadelphia Ave East 16th

Ocean City Council Agenda for January 31, 2012

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