oakland taser report and city council resolution

8/3/2019 Oakland Taser Report and City Council Resolution

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Deborah EdgeriyOPD - Full TASER Deployment Page 3

OTY50 0162050540

P R ODUC T DES C R IP TION25ft XP Air Cartridge, Green Blast Door (Field Use)21ft Non -Con ductive Simulation, Blue Blast Door (Training U se)Digital Power M agazine (DPM )Practice Target (Training U se)

P R IC E22.9718.9729.956.95

EXTENDEDP R IC E11,485.0030,731.40

1,497.503,753.00S UB TOTAL

TAXS& H

T O T A L

47,466.904,153.351,004.40

$52,624.65

The TASER conducted energy weapons being proposed will be purchased with a 5-yearman ufacturer's w arranty and have a reasonable life expectancy of 5-8 years.BACKGROUND

The daily work of police officers invo lves making hundreds of contacts with mem bers of thepublic. Some of these contacts require dealing with persons who ph ysically threaten otherpersons or police officers. Som etimes these high risk encoun ters can quickly escalate to a violentconfrontation further increasing the likelihood of injuries to police personn el, suspects orinnocent third parties. To deal with these dangerously charged situations police officers aretrained in various techniques that are designed to secure a suspe ct's com pliance w hile using areasonable level offeree s^propriate for the situation.The TAS ER X 26 ' is an effective and reliable force option that is used by mo re than 12,500 lawenforcement agencies throughout the United States. There are currently over 340,000 TA SERdevices deployed by law enforcement officers and private citizens througho ut the country^. TheOakland Police Department has deployed TASER devices since 2000. OPD has deployed 270TAS ER devices to officers throughout the departmen t. Since August 200 6, OPD officers h avedeployed the TA SER on suspects 230 times with a 94.6% efficacy rate with no officer or suspectinjuries recorded. In the same time period, officers used TASE R d evices in 96 vicious animaldeploym ents with a 94.8 % efficacy rate and no recorded officer injuries. Anecdo tally, officersverbally report that for every deployment made against a resistive subject there are 5 to 7 timeswhen the mere presence or presentation o fth e TAS ER is enough to deter the suspect fi-omstarting or continuing his or her resistant behavior.

'OPD staff selected the TASER X26 for deployment over the TASER M 26 and Stinger S200 devices after extensivein-house and field testing and after review of test data from Fresno C ounty S heriff s Departm ent, Riverside CountyShe riffs Department, Califomia Highw ay Patrol and the National Institute of Justice.^ Includes M 26, X26 and C2 weapons. Source: TASER International

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Deborah EdgeriyOPD - Full TASER Deployment Page 4TASER technology is not risk free, but independ ent m edical and scientific experts havedetermined that, when used properly, TASE R techno logy is amon g the most effective use-of-force interventions available to law enforcement. No other law enforcement use-of-force tool hasundergone as extensive international scientific testing and scrutiny as TASER technology.Numerous independent studies from academic, government and private institutions havereaffirmed the relative safety and potential life-saving value of TASER technology^.A peer-reviewed study by the Journal of Pacing and Clinical Electrophysiology (PACE)suggests a safety margin o f greater than 20:1 for human adu lts greater than 100 lbs''. To put thissafety margin figure into perspective. Acetaminophen (the generic nam e for Tylenol ) has an8:1 safety margin.OP D's use of force policy is outlined in Departmental General Orders K-3 and K-4 and aTASER use policy is contained in Training Bulletin III-H. 1. OPD has Officer M ichael Leonesioon staff as a qualified expert in the safe deploym ent of TASER devic es. Officer Leon esioreviews every incident of TASER deployment, trains OPD staff in the safe and proper use ofth eTASER, tracks all TASER deployments, and w orks closely with the City Attorn ey's Office andRisk M anagem ent in assessing trends, legal liability and risk.KEY ISSUES AND IM PACTSTASER Technology OverviewThe TASER X26 is classified as an Electronic Control Device (EC D). The TASER delivers anelectrical shock through two small barbed darts conn ected to electrical wires. The darts areprojected forward, at a range of 25 feet, by compressed nitrogen. The TASER device transmitselectrical pulses along the wires into the subject causing temporary peripheral musclestimulation.The TASER is considered a reasonable force option for law enforcement in circumstancesinvolvin g a threat to officer or public safety. It tempo rarily controls the subject through n uero-muscular incapacitation so that he/she can be safely restrained, usually by handcuffing. TASERdevices are not primarily to be used to cause pain but rather to bring a person under temporarycontrol so that appropriate action can be taken without injuring the person, the officer, or a thirdperson.The human bo dy uses a complex electrical commu nication network, the nervous system,includes the brain, spinal cord, and hundreds of miles of nerves, to comm unicate information toandfi-omevery muscle in the body. TASER electrical pulses are scientifically designed to m imicSource information; www.taser.com/research/Science/Paaes4 Cardiac Safety of Neuromuscular Incapacitating D efensive Devices; Wayne C. M cdaniel, Robert A. Stratbucker,M ax Nerheim, And James E. Brewer;Pacing and Clinical Electrophysiology, Volume 28 , Issue si . Page S284-S287,Jan 2005

http://www.taser.com/research/Science/Paaeshttp://www.taser.com/research/Science/Paaes


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Deborah EdgeriyOPD - Full TASE R Deployment ^ Page 5normal hum an electrical signals allowing the device to tem porarily inhibit voluntary skeletalmuscle control providing safe and effective subject incapacitation.Electrical Ou tput OverviewM any people ask how safe a TASER device can be since it generates high (peak open circuit)voltage. In fact, voltage is not a key measure of electrical safety. While voltage indicates thepressure behind a flow of electrons and how far that electric current will arc through the air(50,000 volts = approximately 2 inches), voltage is not a key indicator of safety or effectivenesswhen it comes to stimulating the human body. The key indicator for safety and effectiveness isthe number of electrons transmitted through the body o ver time. This is known as current(voltage).Even though both the TASER M 26 and the TASER X26 have 50,000-peak open circuit voltage,neither TASER device delivers 50,000 volts to a person's body. The TASE R M 26 has an average(one second baseline) voltage of 1.3 volts, with a peak-loaded voltage of 5,000 volts (1,500 voltsaverage over the duration of the pulse). While the TASER X 26 has an average (on e secondbaseline) voltage of 0.76 v olts, with a peak loaded voltage of 1,200 volts (400 vo lts average overthe duration ofthe pulse).For com parison, con sider static electricity. Everyon e has received at least one strong staticelectricity shock in their lifetime. The voltage of a typical static electrical charge can rangebetween 30,000 and 80,000 volts. The pathway of on e of these static electrical charges usuallystartsfi-oma doorknob or other metal object and flows through our body on its way to a ground.The shock can be painful and cause a significant muscle twitch, but it has never caused a cardiacarrhythmia, much less a death. A search of the medical literature shows on ly one case of a staticshock possibly affecting the heart - and that individual claimed he was cured of atrial fibrillation(a fairly benign chronic arrhythmia) after a static shock.^The current of a strong static shock would easily kill someone if it were a continuous flow ofelectricity. But, like the electrical output of the TAS ER, it typically lasts less than a millionth[.0000001] of a second and is therefore much too short to affect the heart.Officer Injury Research M ethodology and ResultsIn August 2005 , the Department conducted a study to examin e the effects o f full TAS ERdeployment to on-du ty police officer injuries.Staff reviewed Occupational Safety and Health Administration (OSHA) 300A forms (Summaryof Work-Related Injuries and Illnesses) and over 400 m edical records of sworn po lice officerswho suffered on-duty injuries from 2003 through 2005. The review focused on the following fiveareas:

Scveiiock T. "Static Electricity Stops a Recalcitrant Arrh ythmia." Ann Imern M ed. 130, no. 1 (January 5, I999);78.Item:Public Safety Comte.M ay 27, 2008


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Deborah EdgeriyOPD - Full TASER Deployment Page 6 M echanisms of on-duty injuries Officers retired due to on-d uty injury Work days missed due to on-duty injuries Overtim e costs required to backfill positions left vacant by on -duty in juries Wo rker's compensation costs

During the time period studied, 30 Oakland police officers were retired as a result of on-dutyinjury and the Departmen t lost more than 13,300 workdays due to work-related injury or illness.A review o f wor ker's compen sation records during this time period revealed the single highestreported category for on-duty injuries among sworn Oakland police personnel was PersonsCommitting Crimes (61%) as reported by OSHA.The following information is a breakdown of on-duty injuries by m echan ism, as reported by thePolice Department, during the period reviewed.6% of injuries were sustained while climbing fences in pursuit of suspects6% of injuries w ere sustained during training exercises10% of injuries were a result of vehicle collisions33% of injuries fell into a miscellaneous category, which includes tripping, falls, lifting, etc.45%) of injures were dire ctly related to physical conflict with suspectsThe use of TASER conducted energy weapons in place of other forms of force has been shownto reduce on-duty officer injuries by 9 3% and suspect injuries by up to 8 2% in n ational studies.^A review of 9,833 TA SER use incidents, reportedfi-omacross the country in the first quarter of2006, showed an average success rate of 94.4% w ith an average suspect injury rate of .0035%.^As noted in the Backgroun d section this report, since August 2006, Oakland PoUce Departmentpersonnel have deployed TA SER devices 230 times against human subjects with a 94.6%success rate and a 0% officer injury and 0% suspect injury rate.M edical ResearchTASER devices are among the most studied and tested law enforcement tools. To date there havebeen over 100 studies conducted, with man y mo re in progress.Each year, hundreds of sudden in-custody deaths are reported following po lice contacts. M any ofthese deaths occur with no readily apparent cause. W hile it is true that a small num ber of people^ See table 1 attached.Source Information: TASER International website www.TASER.com

http://www.taser.com/http://www.taser.com/


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Deborah EdgeriyOPD - Full TASER Deployment Page 7who have been exposed to the electrical stimulation ofthe TASER have subsequently died atsome point following the expo sure, almost all of these deaths were later determined to be due toother factors such as profound drug intoxication. To date there is no definitive research orevidence that implicates a causal relationship between TASER devices and sudden in-custodydeath.P R O J E C T D E S C R I P T I O NThe Department currently has 270 TASER units deployed on all watches throughout the City. Ofthese 270 TASER devices 166 are X26 models and 104 are M 26 mod els. An examination ofcurrent use trends and effectiveness, and a review of crime and use of force reports involvingTA SER s, shows the weapon to be an effective suspect apprehension tool.With 51 % of Oakland Police Department on-duty injuries directly related to physical conflictbetween officers and suspects, and 61% ofthe worker's compensation claims falling under thecategory of Pe rson s C omm itting Crimes (as reported by OSH A), it is apparent that an effectiveway to reduce on-duty officer injuries and related expenses wo uld be to adopt equipment,techniques or tactics that reduce or eliminate extended, violent, physical contact between officersand suspects. Staff proposes increasing the deployment ofthe TASER device to all sworn,uniformed personn el as a way to reduce injuries and claims.Because TASER devices can incapacitate a subject from a distance of up to 25 feet, they allowofficers a safe and effective non-lethal force option that can be deployed from outside theimmediate striking distance of a suspect. This can reduce the risk of injury to officei"s, the subjectand/or third parties and may significantly reduce the need for other types of physical force thatcould result in injury or death.All other non-lethal force o ptions rely on a suspect's com pliance to painful stimulus (e.g.,control holds, baton strikes, pepper spray, etc.). TASER devices use neuro -muscularincapacitation to control subjects. This process is effective regardless o fth e subject's paintolerance, mental state, ingestion of alcohol or drugs, or motivation.In an effort maximize the benefits of full TASER deployment; staff has outlined a four-step planof implementation.

1. Appro ximately 12 part-time TASE R instructors will be selected and trained from currentstaff. Instructors will be available to field personn el for training, data dow nloads,cartridge replacement, and minor field repairs ofthe TASER units.

2. Three additional TAS ER down load sites will be established and located at the EastmontStation, Fruitvale Sub-station, and the Police Administration Building. These do wnloadsites will be used by certified person nel to dow nload p ost-deploymen t data for inclusionin TASER use of force reports.Item:Public Safety Comte.M ay 27, 2008


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Deborah EdgeriyOPD - Full TASER Deployment Page 83. Support staff, including evidence technicians and property section personnel will betrained in TASER scene processing procedures and evidence handling.4. A regular schedule of classroom and scenario based training for certification andrecertification of personnel in TAS ER o peration and Excited Delirium^recognitionprocedures.

Distribution ofthe new TASER X26 devices will include transitioning all personnel currentlycarrying TASER M 26 devices to the new X26 devices. The M 26 devices, most of which are 9+years old have, in most cases, exceeded their expected service life and no w require expen sivemaintenan ce and repairs to keep them op erating properly. The bulk of these M 26 devices (1999production m odels) will be retired and properly disposed. The newest M 26 mo dels in theinventory (2004 pro duction m odels) will be retired to secondary service.The TASER program coordinator will administer the transition to full deployment. Theanticipated timeline for com pletion oft he project is September 2009.Use of For ce A ccountabilityTASER X26 devices employ an advanced accountability system, which records an encryptedelectronic record o fth e time, date, duration, intemal un it temperature and device battery statusfor the activation.The Oakland Police Department has created a sworn TASER Program Coordinator position tomaintain officer accountability in the use of the TAS ER. T he officer assigned to this full timeposition is the De partm en t's lead TA SER subject matter expert and will be respo nsible for thedaily management ofthe TASER ECD program.In addition to the required Use of Force Invesfigation and review process (Departm ental GeneralOrder K.-4), all TAS ER incidents are independen tly reviewed by a panel com prised of theTraining Division Captain, Lieutenant, TASER Program Coordinator and a patrol proceduresinstructor. This m onthly panel is tasked with identifying policy and training issues and makingrecommendations to appropriate personnel.

Excited Delirium is a potentially deadly emergency medical condition characterized by extreme mental andphysiological excitement, agitation, hyperthermia, hostility and exceptional strength and endiu-ance withoutapparent fatigue. (M ORRISO N & SA DLER , 2001) "A better choice may be Conducted En ergy Devices(TASE Rs). However, current research cautions about a possible link "between M ULT IPLE such applicationsand death in persons with symptoms of ED. To mitigate this risk, a SINGLE Taser application should be madebefore the subject has been exhausted." Chris Lawrence, Ontario Police College in Aylmer (O N), FSRC'sTechnical Advisory Board, PoliceOne.com, November 14, 2005.

Item:Public Safety Comte.M ay 27 ,2008
http://policeone.com/http://policeone.com/


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Deborah EdgeriyOPD - Full TASER Deployment Page 9S U S T A I N A B L E O P P O R T U N I T I E SEconomic: The greatest potential savings anticipated with full TASER deployment will berealized in the reduction of on-duty officer injuries and associated expenses. The othersignificant savings potential lies with the reduction of suspect injuries and the accom panyingcom plaints, liability claims and m onetary aw ards.En viro nm enta l: There are no environmental opportunities identified in this report.So cial Equ ity: An important potenfial benefit of full T ASER deploym ent, due to the anticipatedreduction of officer injuries, will be the availability of more police on the street. Rreater policepresence deters criminal activity, decreases police response tim es and gives officers time toaddress quality of life issues within their areas.DISABILITY AND SENIOR ACCESSThere are no ADA or senior citizen access issues identified in this report.R E C O M M E N D A T I O N / R A T IO N A L EStaff recommends acceptance of this report and approval ofthe proposed resolution authorizingthe City Administrator, or her designee, to purchase 450 TASER X26 conducted energy weaponsand associated accessories and supplies.When fully deployed to all uniformed officers, TASER conducted energy weapons have beenshown to reduce o n-duty officer injuries by up to 9 3 % and suspect injuries by up to 82 % innational studies. The current trends observed at OPD indicate that injury reducfion stafisticssimilar to those cited in nafional studies would be attainable by O PD w ith full TAS ERdeployment.



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Deborah EdgeriyOPD - Full TASE R Deploymen t Page 10

A C T I O N R E Q U E S T E D O F T H E C O U N C I LStaff requests that the City Council approve this Report and Proposed R esolution Authorizingthe City Adm inistrator, or Her Designee to 1) W aive The Competifive Bid Process; 2) PurchaseFour H undred Fifty (450) TAS ER X26 Conducted Energy Weapo ns and Associated Equipmen tFrom TASER Intem ational, Inc., In An Amoun t Not to Exceed Six Hun dred Forty-FiveThousand and Five Dollars ($645,005) for Deployment to All Sworn, Uniformed, PolicePersonnel, and 3) Appropriate Funds in the Amount of Fifty-Five Thousand Dollars ($55,000)Annually to the Police Department to Cover Annual and Recurring Costs Associated with FullDeployment ofthe TASER Conducted Energy Weapons.

Respectfully submitted,

WayneHj. TuckerChief of PolicePrepared by:M ichael LeonesioPolice OfficerTraining Division

APPROVED AND FORWARDED TOTHE PUBLIC SAFETY COM M ITTEE:

Office ofthe Cit;^CmninistratorAttachment A: Injury Reduction Table



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Injury Reduction Data TableC i t Y / C o u n t y D e p a r t m e n t

Aust in , Texas Pol ice DepartmentCape Coral, Florida Pol ice DepartmentCharlotte, North Carol ina Pol ice DepartmentCincinnati , Ohio Pol ice DepartmentC olumbus, Ohio Pol ice D epartmentConcord, Cal i fornia Pol ice DepartmentGarner, North Carol ina Pol ice DepartmentLeon County, Florida Sheri f fs DepartmentLong Beach, Cal i fornia Pol ice DepartmentMinneapol is, Minnesota Pol ice DepartmentOma ha, Nebraska Pol ice D epartmentOrange County, Florida Sheri f fs DepartmentPeel, Canada Pol ice DepartmentPhoenix, Arizona Pol ice DepartmentPutnum County, Florida Sheri f f 's DepartmentSarasota, Florida Pol ice DepartmentSouth Bend, Indiana Pol ice DepartmentTopeka, Kansas P ol ice DepartmentVentura County, Cal i fornia Sheri f f 's DepartmentWichita, Kansas Pol ice DepartmentAverage I n j u ry Reduc t i on

O f f i c e r I n j u r yR e d u c t i o n

5 0 %9 3 %5 9 %5 6 %2 3 %6 5 %2 0 %6 5 %2 5 %75 %4 7 %8 0 %5 6 %5 4 %8 6 %6 5 %6 6%4 6 %8 0%4 6 %

57.90%

S u s p e c t I n j u r yR e d u c t i o n

8 2 %6 8 %79 %3 5 %2 4 %

Not Tracked6%

Not Tracked2 5 %

Not TrackedNot TrackedNot TrackedNot Tracked

6 7%Not TrackedNot TrackedNot Tracked

4 1 %Not TrackedNot Tracked

47.40%

TASER Agenda Report Table 1


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ft^pToveti as to Fpffl^and Legality

- O A K LA N D C ITY C OU NC IL 1Soc.'g W,^i^r^'- 'r MCr 01 ' THi: Ci? '; Ci iP h ' CftyAttorney

RESOLUTION NO. C.M.S.RESOLUTION AUTH ORIZING TH E CITY ADM INISTRATOR, OR H E RDESIGNEE TO: 1) WAIVE THE C O M P E T IT I V E BID P R O C E S S , 2)PURCHASE FOUR HUNDRED FIFTY (450) TASER X26 C O N D U C T E DENERGY WEAPONS AND ASSOCIATED EQUIPM ENT FRO M TASERINTERNATIONAL, INC., IN AN A M O UN T NOT TO E X C E E D SIXHUNDRED FORTY-FIVE THOUSAND AND FIVE DOLLARS ($645,005)F O R D E P LO Y M E N T TO ALL SWORN, UNIFORM ED, POLICEP E R S O N N E L , AND 3) APPROPRIATE FUNDS IN THE A M O UN T OFFIFTY-FIVE THOUSAND DOLLARS ($55,000) ANNUALLY TO THEPOLIC E DEPARTM ENT TO COVER ANNUAL AND RECURRING COSTSASSOCIATED WIT H FULL DEPLOYM ENT OF THE TASER CONDUCTEDENERGY WEAPONS

WHEREAS, the Oakland Police Department seeks to fiilly deploy 450 TASER X26 conductedenergy weapons for use by all sworn, uniformed, police personnel to reduce the number of on-dutyinjuries to police officers and suspects, and decrease worker's compensation and disabilityretirement expenditures associated with these injuries; andW H E R E A S, the Oakland Police Department has effectively deployed 270 TASER X26 conductedenergy weapons on all three watches throughout the City; andWHEREAS, between April and September 2006, Oakland police officers deployed the TASERapproximately 90 times with approximately 92% effectiveness and no suspect injuries; andW H ER EA S, on -duty injury and injury related retirement expenditures for sworn Police Departmentpersonnel cost the City approximately $20.9 million between the years 2003 and 2005, andapproximately 51% ofthe reported injuries resulted from incidents of physical conflict betweenofficers and su spects or as a result of fence climbing while in pursuit of suspects; andWHEREAS, the TASER conducted energy weapon has shown, on a national basis, to reduce on-duty officer injuries by an average of 50% and suspect injuries by an average of 64%; andW H E R E A S , anexamination of current use trends and effectiveness, and a review of crime and useof force reports involving TASERs show the weapon to be a very effective tool in law enforcementand suspect apprehension; andWHEREAS, funding for this purchase has beeri identified through a reduction in OPD's Worker'sCompensation fringe benefit overhead burden appropriation; and


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OPD - TASE R Purchase Page 2

W H ER E A S, the anticipated W orker's Com pensation overhead rate for FY 08-09 was 10.48%;however the Finan ce and M anagem ent Agency will adjust the rate for FY 08- 09 to 9.73% , adifference to cover the cost ofth e purchase. As a result, OPD w ill realize a savings in overheadappropriation, w hich will be applied directly to the purchase ofth e Tasers; andWHEREAS, annual recurring and maintenance costs associated with full TASER deployment totalsapproximately $55,000; andW H E R E A S, TA SER intemational, Inc. is the sole manufacturer and sole authorized po lice,distributor ofthe TASER X26 conducted energy weapon and the patented 25 foot XP Air Cartridgefor Califom ia, therefore it will be in the City 's best interest to waive the com petitive bid process;now , therefore b e it

R E SO L V E D : That pursuant to Oakland M unicipal Code 2.04.051.B and information set forth inthe agenda report accompan ying this item, the City Council finds and determ ines that it is in theCity 's best interests to dispense the competitive request for proposal/qualifications process for thepurchase of 450 TASER conducted energy weapons; and be itFU RT H ER RE SO L V ED : That the City Council hereby authorizes the City Administrator, or herdesignee, to purchase 450 TASER X26 conducted energy weapons and associated equipment fromTAS ER Intem ational, Inc., the sole manufacturer and the sole authorized distribu tor in the State ofCalifomia ofthe TASER X26 and associated equipment, in an amount not to exceed $645,005; andbe itFU RT H ER R ES O LV E D : That the City Council hereby authorizes the use of funds existing inSwom Fringe Benefit Accmal Account (51614) for the purchase of 450 TASER weapons; and be itFU T H E R R ES O LV ED : That savings will be appropriated to the General Fund (1010), OaklandPolice Training Organization (103430), Technical and Scientific Supplies Account (52913),Program (PS09 ), and a Project to be determined; and be itFU RT H ER R ES O LV E D : That funds in the amount of $55,000 shall be armually appropriated toGeneral Fund (1010), Police Training Organization (103430), Technical and Scientific SuppliesAccount (52913), Program (PS09 ), and used for annual and recurring costs associated w ith fullTASER deployment; and be itFU RT H ER R ES O LV E D : That the City Council hereby authorizes the City Administrator, or herdesignee, to execute any further docum ents necessary to implement this resolution ; and be it


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OPD - TA SER Purchase Page 3

FU R T H E R RE SO LV ED : That the City Administrator is hereby authorized to modify, extend, oramend said agreement, provided that no additional funds shall be allocated without prior Councilapproval.

IN CO UNC IL, OAK LAND , CALIFORNIA, , 20PASSED BY THE FOLLOWING VOTE:AYES- BROOKS, BRUNNER, CHANG, KERNIGHAN, NADEL, QUAN, REID, and PRESIDENT DE LA FUENTENOES-ABSENT-ABSTENTION-

A T T E S T LaTonda SimmonsCity Clerk and Clerk of the Council,City of Oakland, California

oakland taser report and city council resolution

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