Omaha Police Department EITS Policy PDF

PROFESSIONAL OVERSIGHT - EARLY INTERVENTION TRACKING SYSTEM (EITS) CONFIDENTIAL INFORMATION: THIS POLICY IS CONFIDENTIAL IN ITS ENTIRETY PREAMBLE: Early Intervention Systems have been used by police departments for more than 25 years and have re-oriented from merely “warning” supervis...

PROFESSIONAL OVERSIGHT - EARLY INTERVENTION TRACKING SYSTEM (EITS) CONFIDENTIAL INFORMATION: THIS POLICY IS CONFIDENTIAL IN ITS ENTIRETY PREAMBLE: Early Intervention Systems have been used by police departments for more than 25 years and have re-oriented from merely “warning” supervisors about “problem officers,” to focusing efforts on helping officers instead of disciplining officers. These types of Early Intervention Systems have shown dramatic improvements in accountability, integrity, and the overall health of the officers and organizations that implement them. The purpose of the OPD Early Intervention Tracking System (EITS) is to assist employees by alerting sworn supervisors that their employee has been involved in more than one high-risk activity within a short period of time, or has had multiple complaints or internal disciplinary issues. The purpose is to address the stress associated with high-risk activities and/or the issues surrounding complaint or internal disciplinary issues prior to a problem becoming so significant that it can lead to discipline or termination. A referral by the EITS is not disciplinary and is considered confidential. POLICY: It is the policy of the Omaha Police Department (OPD) to provide the appropriate assistance to employees who may be experiencing job performance difficulties through an Early Intervention Tracking System (EITS). The EITS will identify employees who may need additional resources to maintain a high level of job knowledge, reduce job stress, and avoid serious problems in the future. PROCEDURE: I. General Information A. The OPD EITS captures critical incidents and other performance indicators over a period of time to identify those employees who may benefit from appropriate assistance or further training. B. The EITS may require supervisors to meet with employees, confer, and, if warranted, provide appropriate assistance or recommend further training to assist employees. C. Resources available for assisting employees include: 1. Field monitoring or training by a supervisor or their designee. 2. Remedial training. 3. Supervisory Job Performance Interview. 4. Referral to the Peer Support Team. 5. Referral to the Employee Assistance Program (EAP). 6. Referral to substance abuse resources. 7. Temporary assignment change. 8. Psychological referral for Fitness for Duty examinations. II. Criteria of the Early Intervention Tracking System (EITS) A. Several incident types are used to quantify events and situations to be used in the EITS. B. When an employee is found to have been involved in a specified number of the qualifying incident types noted below, with the exception of Citizen Inquiries to Internal Affairs, the Internal Affairs (IA) Lieutenant will receive an alert identifying the employee and the type of alert (Incident Type Alert or Overall Alert). C. The specified number used to generate an alert for each incident type is listed following the incident type. NOTE: If the same event has multiple incident types, the entire event will be counted as one incident. For example, a Pursuit that ends in a Use of Force will be counted as one incident for the purposes of the EITS. 1. Incident Type Alerts. When an employee has a specified number of incidents within a three (3) month period, an Incident Type Alert is generated. a. Vehicle Pursuits (excludes vehicle fled/non-pursuits) – 3 incidents. b. Vehicle Crashes (found to be not within policy) – 2 incidents. c. Use of Force when the force includes the use of firearms, impact weapons, any less lethal weapon, any strikes to vital target areas, Electronic Control Device applications, neck restraints, or K9 apprehensions: (1) Uniform Patrol Bureau, Special Weapons and Tactics (SWAT), Gang Unit – 3 incidents. (2) All other OPD employees – 2 incidents. d. Two (2) or more of the below-listed investigations within a six (6) month period: (1) Internal Investigations (excludes unfounded and exonerated). (2) Civilian/Citizen Complaints (excludes unfounded and exonerated). (3) Line Investigations (excludes unfounded and exonerated). e. Citizen Inquiry to Internal Affairs – 5 (five) incidents in 6 (six) months. (1) An Inquiry Report is generated in each incident of an employee being the subject of a citizen inquiry alleging possible misconduct. (2) When an employee has five (5) Inquiry Reports associated with them in a six (6) month period, an EITS alert will be generated. 2. Overall Alert: An Overall Alert is generated if/when an employee has a total of five (5) incidents within a three (3) month period. 3. Supervisory Alert. A Supervisory Alert will be generated if/when a sergeant/ supervisor or lieutenant/manager has three (3) or more employees assigned to their command that are identified by the EITS within a six (6) month period. a. Events with multiple incident types shall be counted as one incident for purposes of a Supervisory Alert.  EXAMPLE: A pursuit that ends in a use of force would be counted as one incident, not two. III. Responsibilities A. The IA Lieutenant is responsible for the operation of the EITS. 1. The IA Lieutenant will designate EITS functions as needed and/or appropriate. B. The IAPro Computer System is the central collection point for all forms and information used for the EITS. C. The IA Lieutenant or the assigned IA Unit investigator will prepare and transmit the following EITS reports and notifications: 1. Notification to the Precinct/Section Commander. a. Within fifteen (15) days of receiving an EITS alert, the IA Lieutenant or assigned IA Unit investigator will notify the employee’s Precinct/Section Captain via email that their employee has alerted. Information in the email will include: (1) The EITS report outlining the incidents that caused the alert. (2) The employee’s IAPro resumé for the prior year, which includes the following incidents and their disposition: (a) Chief’s Reports. (b) Civilian/Citizen Complaints. (c) Internal Investigations. (d) Line Investigations. (e) Awards and Recognitions. b. The employee’s Bureau Deputy Chief will receive a copy of the Precinct/ Section commander notification. c. If the employee does not have a Captain within their chain of command, the IA Lieutenant or assigned IA Unit Investigator will notify the employee’s Bureau Deputy Chief. D. The employee’s Precinct/Section Captain (or Bureau Deputy Chief in cases where they were the notified commander) will consider the information provided by the IA Lieutenant or assigned IA Unit investigator and will determine whether or not the employee should be formally referred for an early intervention interview. NOTE: The Early Intervention Interview, should it occur, will be facilitated by the employee’s Lieutenant/Manager or other designated commander within the employee’s chain of command. 1. The Precinct/Section commander (or Bureau Deputy Chief in cases where they were the notified commander) will consider all factors when they determine if an employee should be formally referred, including mitigating and aggravating actions taken by the employee or their supervisor.  EXAMPLE: If the issue has been addressed, and the Precinct/Section Captain does not believe another intervention is required. 2. The Precinct/Section Captain (or Bureau Deputy Chief in cases where they were the notified commander) will document their recommendation and the supporting reasons in their email response to the IA Lieutenant or assigned IA Unit Investigator who will include a copy of the recommendation in the EITS file. E. If the employee is referred for an Early Intervention interview, the IA Lieutenant or assigned IA Unit will provide an individual report to the Precinct/Section Captain (or Bureau Deputy Chief in cases where they were the notified commander). 1. The individual report will list: a. The employee’s name and assignment. b. An overview of the incidents that were used to identify the employee by the EITS. The overview will include any findings associated with the incidents. c. If there appears to be a mental health component, the IA Lieutenant or assigned IA Unit Investigator may consult with the OPD Mental Health Coordinator and provide their recommendations to the Precinct/ Section Captain, if/when applicable (or to the Bureau Deputy Chief in cases where they were the notified commander). IV. Annual EITS Evaluation to the Chief of Police. A. The IA Lieutenant will conduct a documented annual evaluation of the EITS and will report the findings to the Chief of Police, via chain of command. B. The annual evaluation should determine the significance or worth of the EITS system, contain any suggestions for improvement, and note any trends that have become apparent from year-to- year, etc. C. The IA Lieutenant will consider the relevance of the parameters used to flag employees’ names. D. The IA Lieutenant will re-evaluate the Internal Affairs records of employees referred in the previous year and determine if the same employees are in continued need of additional support or monitoring. V. Referral Process — Manager and Supervisor Responsibilities A. When an employee has been referred for an EITS interview the Captain (or Bureau Deputy Chief in cases where they were the notified commander) and the employee’s respective lieutenant/manager and sergeant/supervisor shall meet and determine what course of action should be taken. 1. The “OPD Guide — Intervening with Employees Referred Through the Early Intervention Tracking System,” posted in PowerDMS should be utilized during the process of action planning. 2. The Precinct/Section Captain (or Bureau Deputy Chief in cases where they were the notified commander) may request that the OPD Mental Health Coordinator attend the action planning meeting to assist in strategy development and provide the supervisors with resources and suggestions for a successful employee meeting.  B. The employee’s lieutenant/manager and sergeant/supervisor (and/or Bureau Deputy Chief when applicable) will meet with the employee individually within 15 days of the EITS interview referral to discuss the employee’s identification by the EITS. 1. The employee will have the opportunity to review all relevant documents during the meeting. 2. The employee may add information to the final action plan. 3. The employee’s lieutenant/manager and/or sergeant/supervisor (and/or Bureau Deputy Chief when applicable) may request that the IA Lieutenant or assigned IA Unit Investigator and/or OPD Mental Health Coordinator attend the employee meeting to assist if: a. There are questions regarding the validity of the incidents that caused the EITS alert. b. Their presence will assist with connecting the employee to mental health resources. C. The meeting is not considered a disciplinary action, and all communications between the employee, supervisors IA Lieutenant or assigned IA Unit Investigator and the Chief of Police will remain confidential unless the employee admits to, or there is evidence of, one of the following: 1. A violation of law which requires mandatory reporting. 2. A risk that the employee may harm themselves or others. D. The Precinct/Section Captain (and/or Bureau Deputy Chief when applicable) will be responsible for notifying the IA Lieutenant or assigned IA Unit investigator that the meeting took place and will make certain the plan of action is carried out. VI. Follow-Up: Internal Affairs (IA) Unit A. A secure EITS follow-up file will be maintained to track and document any action taken by the employee’s command staff. 1. The file will include the completed supervisor’s report and any documents the employee provides on their own behalf. 2. The supervisor will make certain all documents are forwarded to the IA Lieutenant or assigned IA Unit investigator via their chain of command for inclusion in the secure EITS follow-up file. B. Reports will not be filed in the employee’s Personnel file or Command file. C. Access to these files is limited to persons authorized by the Chief of Police. D. Six (6) months after supervisory referral, the IA Lieutenant or assigned IA Unit investigator will review the employee’s records and will forward the results to the Chief of Police. 1. A tickler file will generate the date for this review. E. In order to assess the effectiveness of the EITS and other employee programs, the IA Unit may maintain statistical information, such as the number of employees referred and the reasons they were referred.  1. All employees’ identifying information will be redacted from such statistical reports. 2. EITS information will NOT be used for discipline. REFERENCES: I. Previous OPD Orders A. The previous OPD General Order is #10-01, Supplement #1 to #10-01, 11-05, 47-13, 28-15, 11- 16 and 9-20. II. Accreditation Standards A. CALEA Accreditation Standards 26.1.4, 33.1.5, 35.1.9, and 52.1.2 are relevant to this policy. III. Other A. PPM Monthly Updates: #8-2018,1-2021, and 4-2021.