The Official Publication of the Wisconsin Professional Police Association POLICING Under the Microscope POLICING Under the Microscope Wisconsin Police Journal July 2020 • Vol. 88, No. 3Wisconsin Professional Police Association July 2020 • Vol. 88, No. 3 OFFICERS President – Todd Hoover, Racine Vice President – Nichelle Nelson, Waukesha Treasurer – (to be elected) Secretary – Brian Barbour, Oneida County Sergeant at Arms – Steven Bartels, Waukesha DIRECTORS James Brigham – Dane County Jeffrey Darst – Superior Danielle Engen – Onalaska Dan Frei – Madison Dale Gerbig, II – La Crosse Justin Greuel – Eau Claire Nicholas Groth – Racine Mark Hollister – Chippewa County Ted Knoeck – Marathon County Sups. Dennis LeCaptain – Janesville Travis Levandowski – Portage County Mark Moderson – Appleton Kurt Pierce – Dane County Sups. Terry Pockat – Oneida County Kelly Powers – Madison Robert Richardson – Retiree Andrew Rosenow – La Crosse Trevor Rud – Pepin County Nick Stachula – West Allis Brian Tuescher – Dane County Travis Tuttle – Fond du Lac EXECUTIVE DIRECTOR James L. Palmer, II GENERAL OPERATIONS OFFICE 660 John Nolen Dr., Suite 300, Madison, WI 53713 (608) 273-3840; (608) 273-3904 Fax Web Site: www.wppa.com Editor and Design: Julie Neeley Printing: Thysse Printing; Oregon, WI 53575 CORRESPONDENCE Address all magazine editorial correspondence to: WPPA, 660 John Nolen Dr., Suite 300, Madison, WI 53713 POSTMASTER: Send address changes to: Wisconsin Police Journal 660 John Nolen Dr., Suite 300, Madison, WI 53713 ABOUT THE WISCONSIN POLICE JOURNAL The WISCONSIN POLICE JOURNAL (ISSN 1086-5187) Vol. 88, No. 3, is owned and published by the Wisconsin Professional Police Association, 660 John Nolen Dr., Suite 300, Madison, WI 53713. The WISCONSIN POLICE JOURNAL is published quarterly (January, April, July and October) and is circulated to dues-paying members of the Wisconsin Professional Police Association. Members’ subscriptions are included in dues. For retirees and non-members, the subscription price is $12 per year. Subscriptions will be accepted only from bona fide law enforcement officers and students enrolled in law enforcement. COPYRIGHT & POSTAGE Periodical Postage Paid at Madison, Wisconsin, and additional mailing offices. Material contained herein shall not be reproduced in any form without express advanced written permission. Manuscripts and photos will not be returned unless accompanied by an addressed, stamped envelope. Copyright© 2020 Wisconsin Professional Police Association Purposes And Aims Of The Wisconsin Police Journal The Official Publication of the Wisconsin Professional Police Association The Wisconsin Police Journal is the voice of thousands of WPPA members throughout Wisconsin. The Wisconsin Police Journal is dedicated to the following principles: • To disseminate important news and information affecting the WPPA membership. • To publicize the purposes, programs and public service projects of the WPPA. • To inform government officials and state legislators of the problems and concerns of the membership. • To inform the citizens of Wisconsin of the duties of the law enforcement officer and to encourage public acceptance of, and compliance with, the laws of the state. • To reflect the proper and deserved image of law enforcement officers in order to help them perform their responsibilities to provide security for all persons and protect the rights of the individual regardless of race, creed or religion. • To defend and promote the integrity of law enforcement officers who, at great personal sacrifice, are devoting their lives and careers to the noble profession of law enforcement. Wisconsin Police Journal - 2 Table of Contents Message From the President p. 3 Fallen LEOs Honored During Virtual Vigil p. 3 Hitting the Street Without Your Ballistic Vest? Extended Legal Protection Plan p. 4 Executive Director's Report pp. 5-7 Governor Evers Announces Aid Program p. 7 WPPA Survey Finds Overwhelming Statewide Support for Law Enforcement and ‘Stay at Home Orders’ p. 8 Are Use-of-Force Policies Going to Change? pp. 8-9 State Law Makers Fail First Responders p. 10 The WPPA Urges Congress to Expand PSOB Benefits to Cover COVID-19 p. 10 From the Desk of Attorney General Josh Kaul p. 11 Temporary Changes to Academies and Certifications During the Coronavirus Pandemic WPPA Launched Statewide Radio Ad to Promote National Police Week p. 11 WPPA Awards Scholarships pp. 12-13 Retired Members p. 14 Check Out Our New App p. 14 2020 WPPA Golf Outing p. 15 2020 State Pistol Shoot pp. 16-17 WPPA Merchandise pp. 18-19MESSAGE FROM THE PRESIDENT I hope this installment of the WPJ finds you and your families safe and healthy. So much has happened over the last few months that it’s difficult to know where to begin. There have been numerous significant developments that have impacted our law enforcement community, both here in Wisconsin and throughout the country. As I write this, the one-year anniversary of the death of my friend, fellow officer and WPPA board member, John Hetland, has just passed. I was looking forward to the law enforcement memorial ceremonies in Madison and Washington, D.C., not only to celebrate John’s service and sacrifice, but also for the sense of closure that I hoped those events would bring. Sadly, like so much in this pandemic era, everything associated with National Police Week was cancelled. To respond to the times, the National Law Enforcement Officers Memorial held a “Virtual Candlelight Vigil” in May to commemorate the addition of John’s name to that monument, along with the names of Matthew Rittner (Milwaukee), William McGinty (Darlington), and Fred Wiercyski (Oconomowoc). You can watch the entire program or the segment specifically dedicated to Wisconsin’s officers on the WPPA’s website. While it’s nowhere near the same as attending the Memorial’s annual vigil in person, it is a wonderful program that I highly recommend. The death of George Floyd in Minneapolis has probably changed law enforcement forever. We have to take a look at the way that we police and make sure that we are fair and diligent whenever we are dealing with any member of the public. We must also remain aware of what is going on around us, make sure we have each other’s back, and look out for one another’s safety. Law enforcement officers in Wisconsin have made great strides in building strong relationships in the communities we serve. We need to continue doing that. We also need to show our communities that we are there to work with them, show respect for their concerns, and do what is necessary to grow as a profession. Policing in this state is way ahead of where it is elsewhere throughout the country, but we should always remain open to the possibility that there is room for improvement. Just as the national narrative regarding police reform has gained traction throughout the country, I am well-aware that many of you are also confronting challenges that are unique to your communities. Where I work in Racine, our mayor has assembled an advisory committee to explore departmental changes that doesn’t even include a single rank-and-file officer. Making matters worse, a member of our very own police and fire commission has made some radical statements of her own. The WPPA has assisted me in addressing some of those issues, and I encourage you to reach out to our staff anytime you need help responding to a contentious or complex problem in your community. Since the death of George Floyd, the WPPA has been an effective voice for Wisconsin’s law enforcement community – both in the media and with lawmakers in Madison. If you haven’t seen or heard the coverage of WPPA’s consistent and tireless advocacy, please check out wppa.com or download the WPPA app. The public debate about policing in America is not going to go away, but the WPPA has established itself as a visible, credible, and effective voice of reason. We need that now more than ever. We've got your six. Todd Hoover Comments and letters can be sent to: hoover1803@sbcglobal.net Wisconsin Police Journal - 3 The annual National Law Enforcement Officers Memorial Fund Candlelight Vigil took place virtually this year due to the COVID-19 public health crisis. This year, the names of 307 fallen U.S. law enforcement officers – including several from Wisconsin – were formally dedicated on the walls of the National Law Enforcement Officers Memorial during a virtual Candlelight Vigil held on Wednesday, May 13, at 7 p.m. CST. Founded in 1984, the National Law Enforcement Officers Memorial Fund is dedicated to telling the story of American Law Enforcement and making it safer for those who serve. The Memorial Fund built and continues to maintain the National Law Enforcement Officers Memorial in Washington, the nation’s monument to law enforcement officers killed in the line of duty. You can watch the 2020 Candlelight Vigil in its entirety on YouTube; search 2020 Candlelight Vigil. Alternatively, you can watch the segment dedicated to the officers from Wisconsin that were added this year at wppa.com. Fallen LEOs Honored During Virtual VigilHitting the Street Without Your Ballistic Vest? Throughout recorded history, humans have used various types of materials as body armor to protect themselves from injury in combat and other dangerous situations. In 1976, scientists came to the conclusion that Kevlar was bullet-resistant, wearable and light enough for police officers to wear full-time. Since that time, bulletproof vests have improved significantly, and most patrol officers depend on them as a basic safety precaution. Indeed, according to the International Association of Chiefs of Police, bulletproof vests have saved over 3,100 officers' lives since 1987. The WPPA Extended Legal Protection Plan (ELPP) is similar to that bulletproof vest: a simple way to shield yourself from a situation that could devastate you and your family at any time. Since we launched the ELPP in January of 2018 over 1,830 WPPA members have spent just 10 minutes and $72 to enroll in order to protect themselves and their loved ones from what could be significant financial loss. In our first two years of experience, WPPA attorneys have taken on several cases. They haven't been the types of circumstances that attract headlines, but involve issues that officers encounter every day in every area of our state: • An officer suffering from the effects of numerous duty-related concussions; • An officer diagnosed with PTSD as a result of being threatened and stalked after a shooting; and • An officer that developed a hearing loss caused by 30 years of exposure to the loud noises that are common to the law enforcement profession. As is common practice, all of these cases were initially rejected by the employer's worker's comp administrator, and ordinarily the officers would have had to make the tough choice between hiring an attorney or trying to navigate all the complicated medical and legal paperwork alone. But each of these officers had made the wise choice to spend $72 to enroll in the ELPP. Each one has the huge advantage of being guided and represented by WPPA attorneys at no additional charge. No matter how complicated their case, none of these folks will pay any more than $72 annually. They each have a legal equivalent of a ballistic vest. But...every few weeks we get a call from someone hoping against hope that they had enrolled in the ELPP because now something has happened to remind them that they had recognized what a great benefit it was, but had put if off for a later day and now couldn't remember whether they had ever gotten to it. Here are a few examples of those that forgot to don their legal bulletproof vest: • An officer exposed, on the job, to a lethal substance, resulting in a significant long-term medical condition; • An officer assaulted during an arrest that suffered an injury requiring surgery; and • An officer that stepped out of his squad, slipped on the ice and cracked his head. Each of these cases will likely cost the officer thousands of dollars. Each is at risk of using most or all of his available leave and losing out on overtime, as well as facing the decision whether to hire an attorney or try to deal with the insurance company alone. Each of them wishes that they had someone in their corner, protecting their interest without charging an arm and a leg. Each of them wishes they had grabbed their legal bulletproof vest before hitting the street. On the flip side, we have also seen circumstances in which a member believed he had a valid claim but, after review, it was determined that he did not. In these cases, participation in the ELPP saved the officers from hiring a lawyer and spending a lot of their own time and money in fruitless pursuit. Worker's comp and duty disability claims are very frequent and very complicated. Most claims are rejected out-of-hand, as the insurance companies work in the interest of the employers. At the WPPA, we work exclusively for our members and, for $72 per year, we will extend our services to protect you in a wide range of situations stemming from your capacity as a law enforcement officer. Extended Legal Protection Plan Highlights: 1. Under this optional plan, the WPPA will cover all of the costs in connection to the following types of legal matters that are not currently covered by your WPPA membership: Criminal defense in actions stemming from conduct performed in the capacity of a law enforcement officer; Civil defense (e.g., civil rights claims) in actions stemming from conduct performed in the capacity of a law enforcement officer for which an officer’s employer does not provide representation; Worker’s compensation cases; and Duty disability cases. 2. This plan is only available to full-service members in good standing and members from retainer local associations that do not have binding arbitration. 3. Each member must enroll in the extended plan on an individual basis by completing the plan contract available at wppa.com and submitting the annual plan fee. Local associations may pay for their members out of their treasuries, but the WPPA must receive a signed extended plan contract and the annual plan fee for each individual member in order for them to be enrolled. 4. The annual fee for this extended legal plan is $72. 5. The plan even covers outside (non-WPPA) attorneys that have been vetted and approved by the WPPA. For more information about this important extended service option, or to enroll and begin receiving the added protection that it provides, visit our website: www.wppa.com. ✓ ✓ ✓ ✓ Wisconsin Police Journal - 4EXECUTIVE DIRECTOR’S REPORT James L. Palmer, II Comments & letters can be sent to: palmer@wppa.com or on Twitter, @JimPalmerWI By now, most of us have watched the horrific video demonstrating the gross mistreatment of George Floyd at the hands of officers in Minneapolis on May 25. The actions of those officers were inexplicable, revolting and would not satisfy the use of force standards and best practices employed by law enforcement here in Wisconsin. The unmitigated abuse inflicted upon Floyd not only failed to meet the legal and professional standards that require officers to exercise force reasonably, it also desecrated the most basic notions of human decency. As we have also seen in recent weeks, the job of every law enforcement officer in the country is now more difficult and dangerous. The death of George Floyd has served to undermine the good and valiant service of everyone that wears a badge and the productive strides that law enforcement has made to strengthen its relationships with the public it serves. We have also witnessed how Floyd’s death has incited a firestorm of news coverage resulting in a proliferation of wild misconceptions about policing – especially when it comes to the landscape here in our state. In particular, the narratives coming out of the national media have led to legislative proposals and calls for reform that paint law enforcement with a broad brush and fail to recognize the qualities that make Wisconsin unique. Without a doubt, the topic of “police reform” has been elevated to the forefront of the American consciousness like never before. Within the context of the current public debate about policing, the WPPA has worked tirelessly to advocate for our law enforcement community as an informed voice of reason. We’ve undertaken a robust effort expressly intended to educate the public and draw the necessary distinctions between the bad acts or practices exhibited elsewhere throughout the country and the professionalism and ideals exemplified by the law enforcement officers and agencies in Wisconsin. The WPPA’s assertive advocacy in this regard has been prevalent, having been covered consistently by the print, television and radio news media in every corner of the state. While many of those stories have been shared on our organizational Facebook page, we’ve added a page to our website to display a cumulative listing of the links to this coverage for members that may not be as actively engaged on social media. Not only do these stories reflect the expansive scope of our reach, they also highlight the fact that the WPPA is the only organization defending you and your profession during this unprecedented national reckoning. As the growing calls for police reform sweep across the nation, a plethora of proposals have already been introduced at multiple levels of government. In Washington, D.C., that includes separate bills in the U.S. House of Representatives and Senate, along with an executive order from the White House. Similarly, a package of reform initiatives has also been introduced at the State Capitol in Madison. In addition, other demands for fundamental changes to policing have generated a tremendous amount of attention and discussion, despite having not yet been included in any specific piece of legislation. I have been in almost daily contact with Governor Evers, Attorney General Kaul and state and federal lawmakers from both parties in order to inform them as to how the various measures will specifically impact (or not) the dedicated men and women that police our streets. For a point-by-point comparison between proposed use-of-force legislation and existing laws and standards, please see page 9. We have also fielded countless questions from members about some of the proposals, their potential to become law and the impact that they could have on policing in Wisconsin. Two such initiatives have generated the most interest amongst our officers thus far. Defund the Police One issue that has garnered a great deal of media attention is the demand of some groups to “defund the police” – so much so that it has caused those very words to be painted on major thoroughfares in cities across the country, including Madison and Milwaukee. Despite a significant lack of consensus amongst those that have made this issue their primary cause, it is generally understood as an effort to reduce police spending and redirect those funds to areas such as social services, housing, education, health care and mental health in order to reduce crime. Beyond that, the effort’s advocates have offered few details on how such a plan could possibly work in reality. Despite the lack of a workable plan, the mayors in San Francisco and Los Angeles have pledged to implement significant cuts to their law enforcement spending. In Milwaukee, the Common Council is currently exploring the implications of a 10% reduction to its police budget, and activists are calling on elected officials in Madison to do the same. At the far end of the spectrum is Minneapolis, where the Common Council unanimously passed a resolution to Wisconsin Police Journal - 5 →Wisconsin Police Journal - 6 completely dismantle its police department and replace it with a “Department of Community Safety and Violence Prevention” that will be charged with “prioritizing a holistic, public health-oriented approach” to public safety. While the extent to which any of these plans will ever come to fruition is unclear, it’s evident that police spending will face even greater scrutiny that it already does. As the discussion surrounding this issue has intensified, we have used the data acquired through our annual polling to question the efficacy of the “defund” approach. For the last eight years, the WPPA has commissioned an annual statewide poll through the St. Norbert College Strategic Research Institute on a wide variety of issues related to policing and criminal justice. In those polls, we’ve posed numerous questions that relate to the issue of law enforcement funding and what people want to see in terms of its public safety priorities. For instance, in our 2019 poll, the vast majority of respondents (86%) indicated that they either strongly or moderately agreed that having a well-funded police department contributed to the quality of life in their community. These results have been consistently strong over the years. Additionally, when asked for their views about the number of officers in their neighborhoods, a majority of respondents want more officers, not less. Interestingly, that’s been especially true for a larger proportion of the minority respondents. Lastly, when we have polled the support for community policing, a significantly larger proportion of minority respondents have indicated their strong support for this kind of policing, as opposed to simply having “more boots on the ground.” These results are especially relevant within the context of the “defunding” issue because significant reductions to police spending will only serve to the detriment of the programs and priorities that the general public and communities of color both appear to value the most. We have also used our research as a basis to argue that, if anything, the government should invest more in programs such as community policing if the objective is to strengthen the relationships between law enforcement and communities of color. If significant reductions in spending were imposed, law enforcement would be forced to constrict in order to perform its core public safety functions and agencies would have to concentrate their resources and manpower on responding to calls for service. Doing so would not only compromise community- oriented policing, but other preventive safety efforts, youth programs, drug take-back programs and restorative justice initiatives, among others, that many agencies in the state have instituted in recent years. All of that would seem to exacerbate the very divide that we need to bridge when it comes to policing in the 21st century. Additionally, we have asserted the fact that law enforcement would welcome more spending in other social programs and health services, but that it represents somewhat of a false dilemma to suggest that this is an “either/or” proposition. If the coronavirus pandemic has shown us anything, it’s that the government will find the money it needs to support the programs and priorities it deems important. While many Americans seem to agree that public safety and addressing systemic bias are of paramount importance, it’s interesting to note that the police reform legislation proposed in the weeks following Floyd’s death provided very little funding, if any. Lastly on this issue, the demand to defund the police would appear to run against public perception. In addition to the WPPA’s polling, a YouGov/Yahoo! News poll in early June found only 16% of Democrats favor cuts in police funding, and Republicans are even less enthusiastic about it. The polls conducted more recently appear to reflect the same – that Americans do not support defunding the police. Whether due to the fact that the “defund” effort suffers from a lack of consensus as to what it means, details as to how it could work, or any meaningful public support, it doesn’t seem likely that this effort will go very far. Nonetheless, all of law enforcement should anticipate that elected leaders and activists will fight for cuts in police spending in one of the few places where they have had any amount of success thus far – the local level. Qualified Immunity Qualified immunity is a long-established judicial legal doctrine that shields government officials from being held personally liable in civil lawsuits unless they violate a “clearly established” federal law. A plaintiff can overcome qualified immunity only by showing that a defendant’s conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” The rule is meant to protect government defendants (such as police officers) from unexpectedly being held liable when the law regarding their actions is unclear. Critics point to cases, however, where courts have applied the rule aggressively in order to shield officers from lawsuits unless plaintiffs can point to other cases declaring the identical conduct unconstitutional. In other words, they assert, even if an officer violates someone’s constitutional rights, the victim can’t obtain damages from the officer unless he or she can show that the officer violated a right explicitly recognized by a prior court ruling. Because of this, opponents of qualified immunity argue that the doctrine has unfairly insulated police officers from being held accountable when they use excessive force. The solution, in their view, is a congressional act ending the doctrine altogether to make it easier to hold officers personally liable for job-related wrongdoing. Galvanized by the death of George Floyd, a few Democratic lawmakers in Congress introduced legislation to do just that. What many people overlook or ignore when it comes to this issue is how the courts have repeatedly held that the qualified immunity doctrine does not shield the inept or willfully blind. For instance, an officer that unreasonably pleads ignorance of the fact that the law governing their actions was clear is unlikely to find themselves immune from civil liability. Ending qualified immunity would disregard the question of whether an officer had a good-faith belief for their actions and impose an “after-the-fact” standard of review on the split-second, life and death decisions that officers are expected Wisconsin Police Journal - 7 to make. Even worse, doing away with qualified immunity would make it possible to hold an officer accountable for unknowingly violating a right that is not only unknown, but unknowable as well. The devastating impact that such a state of affairs would have on public safety and the law enforcement profession, which is already suffering from a shortage of qualified candidates, is difficult to fathom. Another thing that many people miss when it comes to this issue is the fact that ending qualified immunity would not suddenly make officers personally liable when civil lawsuits are filed against them. Wisconsin, like every other state, has statutes requiring government employers to insure or “indemnify” employees that are sued for their job-related actions. That generally includes the costs of defending against civil litigation. That’s not likely to change. Ending qualified immunity would not impact the deferential legal standard that appropriately permits officers to use force when probable cause exists to believe that someone poses a threat of serious physical harm. For these reasons, there is no real expectation that qualified immunity will end anytime soon – at least not in the form that was recently proposed in Congress. In the event that qualified immunity was ended, however, it would represent little more than a symbolic change, as opposed to the surefire cure to police misconduct that it’s been held out to represent. Conclusion Never before has the topic of police reform been so prevalent in this country, and it’s a theme that is only likely to gain momentum in the years ahead. Thus far, law enforcement has been vilified and singled out for what most people agree is a systemic problem – that of racism and inequality in America. We have worked diligently to engage in the public discussion surrounding these issues, correct the misconceptions that exist and stand up for dedicated men and women that keep Wisconsin’s communities safe. No one is doing more than the WPPA to defend you and your profession, and no one is better equipped to confront the growing challenges ahead. To stay on top of the news regarding these issues and others, we encourage you to download our members-only mobile app and check out our website and Facebook page regularly for the latest information. Until then, stay safe, stay informed and stay in touch. In the early stage of the crisis, the WPPA met with Gov. Evers to inform him and his administration as to how the pandemic was affecting law enforcement agencies and officers. At that time, numerous local governments had begun to improperly force officers to use their accrued benefit leave time while undergoing administrative quarantine periods due to their potential exposure to the coronavirus. In addition, agencies were scrambling to cover overtime necessitated by the unanticipated absences. On May 27, the Governor announced the launch of the “Routes to Recovery: Local Government Aid Grants” program, a $200 million effort aimed at helping local leaders address some of their most urgent and unique COVID-19 recovery needs. Administered by the Wisconsin Department of Administration (DOA), Routes to Recovery Grants will be allocated to every Wisconsin county, city, village, town and federally- recognized tribe. Routes to Recovery Grants for Wisconsin counties, cities, villages and towns will provide reimbursements for unbudgeted expenditures incurred this year because of the COVID-19 pandemic, in the following categories: • Emergency operations activities, including those related to public health, emergency services and public safety response; • Purchases of personal protective equipment; • Cleaning/sanitizing supplies and services, including those related to elections administration; • Temporary isolation housing for infected or at-risk individuals; • Testing and contact tracing costs above those covered by existing State programs; • FMLA and sick leave for public health and safety employees to take COVID-19 precautions; and • Meeting local match requirements for expenses submitted for reimbursement by FEMA, to the extent allowed by federal law. The effort is funded by $200 million in federal Coronavirus Aid, Relief, and Economic Security (CARES) Act dollars and will be administered by the DOA. Find more information regarding the Routes to Recovery Grants, including the allocation amounts for counties and municipalities: doa.wi.gov/Pages/ LocalGovtsGrants/COVID-Grants. aspx Officers that have had to use their own benefit time should contact their WPPA business agent and/or request that their employers restore that leave time and seek reimbursement for these expenses through the local government aid program. For more information about this aid program, please feel free to contact WPPA Executive Director Jim Palmer at palmer@wppa.com. Governor Evers Announces Aid ProgramWisconsin Police Journal - 8 Are Use-of-Force Policies Going to Change? Recently, numerous members contacted the WPPA after having read the news that Gov. Evers came out in support of legislation to “change” the use-of-force policies utilized by law enforcement agencies throughout Wisconsin. Members have inquired about the bill, its chances for becoming law and the extent to which it will impact the policies and practices governing law enforcement’s use of force in this state. Rep. Chris Taylor (D-Madison) recently introduced legislation that would require each law enforcement agency to ensure that its policy on the use of force incorporates certain principles as demonstrated in the chart on the next page. The principles the bill intends to “create” are already well-established in Wisconsin, as they are provided for in the statutes, rules and training that governs law enforcement’s use of force. While the issue of whether the principles discussed above should be codified into a single statute is a legitimate topic of discussion from a public policy standpoint, the fact remains that the bill would not create anything new or impose requirements that don’t already exist. The legitimate use of force by law enforcement officers in Wisconsin is limited by a hierarchy of laws and standards, which include the U.S. Constitution, Wisconsin law, agency policy and officer training. Nothing in Taylor's bill would change the legal analysis of law enforcement actions. In addition, given that the legislature is not expected to convene to consider any new legislation until January of 2021, it is highly unlikely that there will be any action on this use-of-force bill, which hasn’t even received a legislative committee hearing and was introduced only days before the 2019-20 legislative session was effectively adjourned. Anyone with questions or comments is welcome to contact WPPA Executive Director Jim Palmer at palmer@wppa.com. The Wisconsin Professional Police Association released the results of a statewide poll commissioned through the St. Norbert College Strategic Research Institute to gauge public perception on a number of issues related to the coronavirus pandemic. Among other things, the WPPA poll found widespread approval of how law enforcement is responding to the current health crisis. Additionally, in results that mirror a recent poll conducted by Marquette University Law School, the WPPA survey found that a significant majority of Wisconsin residents supported the extension of Gov. Evers’ ‘Safer at Home’ order, which was overruled by the state supreme court on May 13. According to a summary of the St. Norbert College Strategic Research Institute poll: • As of May 12, most Wisconsin residents (74%) approved of the safer-at-home order. Forty-eight percent strongly approved, 26% somewhat approved and 25% somewhat or strongly disapproved. A chief concern among those who disapproved were concerns over the negative economic impact from delayed reopening of workplaces. • Recent protests of safer-at-home policies were supported by only 26% of Wisconsinites. A significant majority (72%) indicated that they opposed the protests. • More than 70% of Wisconsin residents (34% strongly agree) agreed that first responders and police officers should receive hazard pay or additional compensation given their increased risk of exposure. • A significant majority of the public indicated its approval (77%) of law enforcement’s pandemic response, with more than 25% say their local police force is performing above average and only 6% say performance has been below average. “Everyone wants their lives to go back to normal, and that is especially true of our officers that are working longer shifts during the current health crisis, and who do so at great risk of exposure to themselves and their families,” said WPPA Executive Director Jim Palmer. “Despite that, the public continues to support the stay-at-home order rescinded by the high court. It’s also clear that the public values the jobs our officers are doing and the risks they are assuming to keep us safe.” The WPPA poll was conducted online from May 1-12 with 500 participants. The results were drawn from an online sample of Wisconsin residents over the age of 18, and the sample was weighted to reflect the racial-ethnic, gender and age demographic of Wisconsin adults with access to the Internet. The margin of error is +/- 4.5%. With regard to the survey’s questions regarding the “safer at home” order, the WPPA results generally mirror the COVID-19 questions in the poll conducted by Marquette University Law School, which found that “69 percent thought it was appropriate to close schools and businesses and restrict public gatherings.” The polling released by the WPPA is part of a more comprehensive annual statewide survey that the organization will be releasing soon on a broad range of questions relating to job performance, community priorities and controversial issues including, race, school shootings, drugs and immigration. With more than 11,000 members from over 300 local association affiliates, the WPPA is Wisconsin’s largest law- enforcement group. Its mission is to protect and promote public safety, as well as the interests of the dedicated men and women that serve to provide it. WPPA Survey Finds Overwhelming Statewide Support for Law Enforcement and ‘Stay-at-Home Orders’Wisconsin Police Journal - 9 SPECIFIC PRINCIPLES THAT THE BILL WOULD REQUIRE: HOW THOSE PRINCIPLES ALREADY EXIST: The primary duty of all members of law enforcement is to preserve human life, including the lives of individuals being placed in police custody. The state’s “law enforcement code of ethics” that is administered as an oath to all law enforcement trainees under Wis. Admin. § LES 3.01(1)(d)1. states “AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve humanity; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality, and justice.” Wis. Admin. § LES 3.01(1)(d)1. (Aug. 2001). Deadly force shall only be used as a last resort. The necessity to use deadly force arises when all other available means of preventing immediate and grave danger to officers or other persons have failed or would likely fail. Wisconsin’s uniform law enforcement training guide states: “Before you can use deadly force, you must reasonably believe that all other options have been exhausted or would be ineffective. In other words, deadly force is always a last resort. This concept is called preclusion.” Defensive and Arrest Tactics: A Training Guide for Law Enforcement Officers, p. 77, Wisconsin Dept. of Justice Law Enforcement Standards Bd. (June 2017). Law enforcement shall obtain the cooperation of the public, with minimum reliance on the use of physical force. When force is needed, it shall not exceed that needed to address the threat posed to the officer or the public. Under state law, a law enforcement officer’s use of force is appropriate when they reasonably believe that their actions: (1) are under circumstances of “coercion,” or “necessity,” such that they are the only means of preventing imminent death or great bodily harm to themselves or another, (2) involve only the amount of force necessary to protect themselves or others, or property, (3) in good faith, and are apparently authorized and reasonable fulfillments of their duties, or (4) a reasonable accomplishment of a lawful arrest. Wis. Stat. § 939.45. Moreover, the U.S. Supreme Court has long-held that any law enforcement use of force must be “objectively reasonable,” in light of the severity of the crime at issue, whether the suspect poses an imminent threat to the safety of officers or others, and whether the suspect is actively resisting or attempting to evade arrest by flight. The reasonableness of an officer’s actions must be judged under the totality of the circumstances from the perspective of a reasonable officer at the scene with similar training and experience. See, e.g., Graham v. Connor, 490 U.S. 386 (1989). Furthermore, Wisconsin’s unified law enforcement training manual provides that “[i]f voluntary compliance is not possible, you may need to use force, but only that amount that is reasonably necessary to gain compliance. Once control is established, you must reduce your level of force to that level needed to maintain control.” Defensive and Arrest Tactics: A Training Guide for Law Enforcement Officers, p. 29, Wisconsin Dept. of Justice Law Enforcement Standards Bd., (June 2017). De-escalation tactics to reduce the use of force by law enforcement officers shall be employed unless impossible. “De-escalation tactics” are taught all throughout Wisconsin’s law enforcement training curriculum, which are integrated within what is referred to as the “Disturbance Resolution” framework which trains officers to apply a wide variety of tactics in considering their responsive options, including, among others, a range of verbal communication strategies, crisis assessment and intervention methods, and disengagement. The U.S. Supreme Court has held that the reasonableness of any law enforcement use of force must be judged under the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. See Tennessee v. Garner, 471 U.S. 1 (1985). Wisconsin’s model policy adds to this list of factors “the existence of alternative methods of arrest....” Wisconsin Law Enforcement Officers Criminal Law Handbook, p. 15, Wis. Dept. of Justice Training and Standards Bureau (2009) [emphasis added]. Though this legislative proposal seeks to require officers to use de-escalation tactics “unless impossible,” the reasonableness of whether such tactics were impossible must be judged from the perspective of a reasonable officer at the scene with similar training and experience. See Graham v. Connor, 490 U.S. 386 (1989). Officers must take actions to intervene when witnessing a colleague’s excessive use of force. The excessive force by an officer constitutes a crime. If one officer witnesses another officer committing a crime, they have an absolute duty under the law to intervene and report the conduct. Failure to do so would bring a variety of criminal charges against the witness- officer, including the crime of Misconduct in Office under Wis. Stat. § 946.12, a Class I felony.Next >