Use Of Force

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Although infrequent, the utilization of force is sometimes necessary while performing law enforcement duties. There are many situations in which an officer would utilize force such as protecting a defenseless person against harm, protecting themselves against harm or in reaction to the use of force against themselves or another person. Each time an officer uses force against another, it is documented in a report and reviewed by the immediate supervisor or Professional Standards Bureau if deemed necessary.

Additionally, the Tempe Police Department also utilizes a Citizen Review Panel for all complaints regarding use-of-force. Policies regarding use-of-force, including information regarding the Citizen Review Panel. In cases of use of force, the City of Tempe requires administrative accountability review, view more details here.

Are the police officers in the Tempe Police Department being trained to de-escalate altercations by using peaceful conflict resolution strategies?

Yes. This includes grant funded curriculum on de-escalation developed with ASU professors for research in a national study. Further regarding use of force, our policy states, “When there is time, the law requires authorized employees to attempt to de-escalate the situation, give lawful commands, and give adequate warnings that force will be used (Blanford v. Sacramento County, US Ninth Circuit Court of App.).” Deescalation is further emphasized in training through classroom and multiple scenario-based exercises throughout each year. (Department Order 12.101.C.2.c)

Are the police officers in the Tempe Police Department required to intervene if they witness another officer using excessive force? Will officers be reprimanded if they fail to intervene?

Through our Code of Conduct, officers are required to report knowledge of criminal activity or serious misconduct on the part of another employee. Further, officers are trained as part of de-escalation to intervene if they observe another employee act outside of training and policy regarding use of force. That said, we are adding language to our Use of Force policy supported by the Code of Conduct policy to make it even more explicitly clear of the duty to intervene; this will be finalized in June 2020. As with any sustained violation of policy to include failure to follow training, policies and procedures, employees would face corrective action through the internal investigation. In some cases, this may also include a criminal investigation if the actions of the officer violated state law. (Department Orders 3.201.D.9, 3.201.D.12., 3.201.e.3)

Are the police officers in the Tempe Police Department required to report each time they threaten to or use force on civilians?

Tempe Police Policy states officers are required to report use of force in the following situations:

a. “Display of firearm (when pointed at/toward a person/group).
b. Chemical agent (when deployed at/toward a person/group).
c. Taser® (drive stun mode or probes deployed at/toward a person/group).
d. Strikes (punches and/or elbow or knee strikes or foot kicks).
e. Takedowns.
f. Impact device (e.g., ASP, PR24, flashlight).
g. Less-lethal launcher (e.g., FN-303/ARWEN).
h. Police K-9 bite.
i. Carotid control technique.
j. Lethal force (e.g., discharge of firearm at/toward a person, or use of another object or device that, in the fashion it is used, constitutes a deadly weapon or dangerous instrument).
k. Any use of force resulting in an injury or complaint of an injury.” (Department Order 12.103).

Are the police officers in the Tempe Police Department thoroughly vetted to ensure that they do not have a history with abuse, racism, xenophobia, homophobia / transphobia, or discrimination?

Yes. We have a multi-layered thorough hiring (vetting) process that evaluates multiple competencies to include extensive examinations in the following areas: medical, psychological, critical thinking, polygraph, comprehensive background, and most importantly that the potential employee aligns with City of Tempe values - to include our non-negotiable support of diversity and inclusion. Additionally, every employee meets with the Chief of Police as a final step before being offered employment. As a City, we consistently receive the highest ranking on the Municipal Equality Index (www.hrc.org/mei ), we have an active Gay-Straight Alliance of City employees, and we were among the first police departments in Arizona to sign the Open for Business Pledge with One Community.

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City of Tempe, AZ

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