Darien Police Department already complies with the “eight that can’t wait” police reform proposals put out by a nonprofit organization set up to promote police reform and accountability, Police Chief Donald Anderson said Wednesday in an announcement.
Anderson’s announcement also included a copy of the department’s mission statement and contact information for those who want to find out more from the department.
The announcement was accompanied by a letter from the police chief and a long list of questions and answers about the department’s policies and practices that people might be concerned about, especially in the wake of the George Floyd killing. All the documents are published below.
The department follows these “eight that can’t wait” recommendations, the announcement said: choke holds are banned; de-escalation techniques are used in order to avoid violence where possible; no gunshots can be fired at moving vehicles; before using a firearm, an officer must warn the suspect; using a firearm is a last resort after other options have been exhausted or can’t be used; officers have a duty to intervene if they see another officer committing misconduct or the use of excessive force; comprehensive reports must be maintained.
“The duty for an officer to intervene when observing misconduct or the use of excessive force has always been a part of the code of conduct under the law enforcement oath of office,” the announcement said.
The announcement also said: “All use of force incidents, including where force is displayed but not utilized, are reported.”
Message from the Police Chief
Donald B. Anderson
Chief of Police-Darien, Connecticut Police Department
July 1, 2020
While it may be a massive understatement, 2020 has certainly been a year of unexpected circumstances and events in our town, across our country and around the world.
Enduring months on end of a viral pandemic and managing the social distancing, stay at home requirements and business shutdowns has certainly taken a toll on most of us.
For all the life events that needed to be postponed or cancelled altogether, we all share a measure of sadness at the (hopefully temporary) loss of our “regular life.”
On top of all this, we have now had numerous tragic incidents across our nation where it is clear that many citizens are demanding systemic change. Most of us have seen the videos from these recent incidents and are justly and rightly outraged.
The Darien Police Department is a professional, accredited and highly trained organization made up of caring and engaged officers and support staff. The following is the long standing mission statement of our agency.
These are not mere words and platitudes; the staff of this department strive diligently to always fulfill these values. Our department remains steadfast in our complete commitment to fair, balanced and reasonable law enforcement and public safety initiatives. We stand for protecting the rights of all residents and visitors to the Town of Darien.
“The mission of the Darien Police Department is to work cooperatively with the public and within the framework of the Constitution to enforce the laws, preserve the peace, reduce fear, and provide a safe environment in our neighborhoods. The Darien Police Department exists to serve the community by protecting life and property; by preventing crime; by enforcing the laws; and by maintaining order for all people. Central to our mission are the values which guide our work and decisions. These help us contribute to the high quality of life in Darien. The public trust and confidence given to those in the police service requires the adoption and compliance of stated values, which are the foundation upon which our policies, goals, and operations are built.
a. We value human life and dignity, as guaranteed by the Constitution.
b. We believe that integrity is the basis for community trust.
c. We respect the principles which are embodied in the Constitution of the United States.
d. We recognize the authority of federal, state, and local laws.
e. We strive for personal and professional excellence.
f. We are accountable to the people of the community and to each other.
g. We believe that cooperation with the community and the members of our organization will enable us to combine our diverse backgrounds, skills, and styles to achieve common goals beneficial to the community and the Darien Police Department.
h. We are most effective when we can identify and solve community problems.
i. We are dedicated, caring, and capable people who are performing important and satisfying work for the people of the Town of Darien.”
The recognition and statement of values by a police department is extremely important. These values are the foundation of everything for which we stand and believe in.
The leadership of the Darien Police Department has the expectation that members of the Department will adhere to the highest ethical standards and provide honorable, consistent and lawful service to all residents and visitors to the Town of Darien.
Our officers come from all walks of life and undergo a rigorous screening and background process. They are highly trained and educated; we hire quality officers who then are monitored and mentored closely throughout their career.
We train our officers to a high standard in all aspects of professional public safety, but notably in Fair and Impartial Policing, Bias Free Policing and De-escalation techniques. Our officers treat people, residents and visitors alike, with respect and dignity. I will not accept anything less and the public should not be expected to either.
Image from video by Jordan Lewis and Cecil Wade for Darien TV79
Darien Police Headquarters (just after solar panels were installed on the roof).
The Darien Police Department has been a professional police agency for the almost 37 years that I have been employed here. In that time, the department has operated lawfully, reasonably and honorably.
Do we always get it right? No, we don’t. Have we made errors? Yes, we have. But when we don’t get it right, we look to fix responsibility, address the problem forthrightly and quickly make it “as right” as possible.
Here is a factual truth as I know it; training for police officers across our country varies greatly. The training that officers get in Connecticut, both when they are hired and throughout their career, is exponentially better than in most other states.
If you are a certified police officer in good standing in the State of Connecticut, you can move to virtually any other state in the United States and obtain employment as a police officer.
Many police incidents with negative outcomes, where people are perhaps hurt or killed, do not happen here with the same frequency largely due to the standards for training. Are we immune to it? Certainly not. Are we better trained and therefore in a better position to bring about a positive outcome? Yes, we clearly are in my estimation.
We think it is important to be proactively engaged with many community groups across our region well before we have an issue or problem. We always look to be engaged and be part of the “solution.”
We will continue to strive to be better tomorrow than we were today, to be more responsive as the world evolves around us, and to always be open to reasonable dialogue and a spirit of mutual cooperation.
Our nation has thousands upon thousands of professional police officers who do the right thing, at the right time, for the right reasons. For the vast majority, dedication to duty is not for fame or glory, but is simply the calling of a professional public servant.
Those officers operating outside of training, basic human decency and professional conduct are in the vast minority. We always strive to do our very best, and I am exceedingly proud of the service that the officers of the Darien Police Department provide to our community each and every day.
Donald B. Anderson
Chief of Police
Eight that Can’t Wait and Mission Statement
Here’s Anderson’s announcement (with sub-headlines added and some paragraphs broken up):
From: Donald B. Anderson, Chief of Police
Date July 1, 2020
Re: Where we stand on the “Eight That Can’t Wait” tenants of the “Campaign Zero” Initiative
The Darien Police Department is a professional, accredited and highly trained organization made up of caring and engaged officers and support staff. The following is the long standing mission statement of our agency. These are not mere words and platitudes; the staff of this department strive diligently to always fulfill our mission statement.
Mission Statement
The mission of the Darien Police Department is to work cooperatively with the public and within the framework of the Constitution to enforce the laws, preserve the peace, reduce fear, and provide a safe environment in our neighborhoods.
The Darien Police Department exists to serve the community by protecting life and property; by preventing crime; by enforcing the laws; and by maintaining order for all people. Central to our mission are the values which guide our work and decisions. These help us contribute to the high quality of life in Darien.
The public trust and confidence given to those in the police service requires the adoption and compliance of stated values, which are the foundation upon which our policies, goals, and operations are built.
a. We value human life and dignity, as guaranteed by the Constitution.
b. We believe that integrity is the basis for community trust.
c. We respect the principles which are embodied in the Constitution of the United States.
d. We recognize the authority of federal, state, and local laws.
e. We strive for personal and professional excellence.
f. We are accountable to the people of the community and to each other.
g. We believe that cooperation with the community and the members of our organization will enable us to combine our diverse backgrounds, skills, and styles to achieve common goals beneficial to the community and the Darien Police Department.
h. We are most effective when we can identify and solve community problems.
i. We are dedicated, caring, and capable people who are performing important and satisfying work for the people of the town of Darien.
The recognition and statement of values by a police department is important. Values are the foundation of everything for which we stand and believe. The leadership of the Darien Police Department has the expectation that members of the department will adhere to the highest ethical standards.”
‘Eight That Can’t Wait’
Recent events in our country have led to the creation of a “Campaign Zero” initiative which was designed to assist law enforcement agencies in reducing use of force incidents. I would like to clearly state where the Darien Police Department stands on these “Eight That Can’t Wait.”
1. Banning Chokeholds and Strangleholds
This is a specific area where the Darien Police Department, being an accredited police agency, was already in full compliance in this area. The longstanding general order of our department is, and has been for many years, very clear and succinct: “Chokeholds are not permitted unless deadly force is warranted.”
2. Require De-Escalation
The Darien Police Department has 14 officers who are specifically trained in Critical Incident Training (CIT) with additional officers scheduled for this vital training in the near future.
Managing crisis incidents, with de-escalation a prime goal, is one of the principles of this training. All officers receive de-escalation training on a continuous and ongoing basis.
In addition, based on minimum standards recently set forth in the POST-C Compliance to Law Enforcement Standards and Practices (CLESP) program, we have further codified the requirement that “officers deploy de-escalation/calming strategies and/or verbal warnings prior to the use of force when feasible.”
De-escalation has been defined as: “taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary.
“De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion and tactical repositioning.
“Whenever an officer believes that de-escalation is feasible, based on his or her training and judgement, such techniques shall be the first deployed by the officer to gain compliance. Where time is a resource, officers shall use it to their advantage. Force shall not be used solely because a situation is taking additional time to resolve.”
3. Require Warning before Shooting
This General Order has the value of human life ingrained in its message. Police officers have been delegated the responsibility to protect life and property and apprehend criminal offenders.
The apprehension of criminal offenders and the protection of property must be subservient to the protection of life weighed against the narrowly defined exceptions in this general order. The officer’s responsibility for protecting life must include the officer’s own life.
• Officers should first attempt to gain a subject’s cooperation through the use of verbal direction (if practicable) prior to using physical force. Compliance may be obtained through a variety of approaches (e.g., persuasion, warning, commands). When appropriate, verbal commands should initially be issued in a courteous manner (this is not to imply that officers must compromise personal safety or control of a scene for the sake of civility).
• Last Resort: In situations in which deadly force is permissible it should be used only when any other alternative would be impractical or ineffective.
• It shall be the policy of the department that this General Order will be strictly enforced. Officers must understand that deadly physical force is a most extreme measure and should only be used as a LAST RESORT. It should be borne in mind that there is always a danger of injuring innocent persons when firing a weapon, and every officer is admonished to always use the utmost caution in such cases.
• It shall be the policy of the Darien Police Department that because of the danger to innocent bystanders, warning shots are never fired.
• Where feasible, the officer will give verbal warning of intent to use deadly physical force.
4. Exhaust All Other Means before Shooting
The General Orders of the Darien Police Department are very clear and succinct on this topic:
• Last Resort: In situations in which deadly force is permissible it should be used only when any other alternative would be impractical or ineffective.
• It shall be the policy of the Department that this General Order will be strictly enforced. Officers must understand that deadly physical force is a most extreme measure and should only be used as a LAST RESORT. It should be borne in mind that there is always a danger of injuring innocent persons when firing a weapon, and every officer is admonished to always use the utmost caution in such cases.
5. Duty to Intervene
The duty for an officer to intervene when observing misconduct or the use of excessive force has always been a part of the code of conduct under the law enforcement oath of office.
In compliance with the Connecticut Police Officer Standards and Training Council ((POST-C) CLESP (Compliance to Law Enforcement Standards and Practices) program, we have expressly further codified that an officer must intervene and report unreasonable, excessive and/or illegal uses of force.
Further, an officer who directly observes a use of force that is unreasonable, excessive or otherwise in violation of our Use of Force policy, and/or a violation of state or federal statutes, shall contact a supervisor as soon as practical and submit a written report to a supervisor in a timely fashion.
Retaliation against any officer who intervenes against the excessive use of force, reports misconduct, or cooperates in an internal investigation will not be tolerated.
6. Ban Shooting at Moving Vehicle
It has been the longstanding policy of the Darien Police Department that the operator of a police vehicle is not to fire at another moving vehicle. The policy, directly from the department’s General Orders, is listed below.
“Shooting at Vehicles:
• Is permitted only when deadly force is necessary and allowable according to General Order 2.2, Use of Deadly Force, and the Connecticut General Statutes;
• The firing of warning shots or the firing of a weapon at a fleeing vehicle’s tires is prohibited;
• The officer operating a motor vehicle in pursuit is not to fire a weapon under any circumstances.
• No officer should intentionally position his or her body into the path of a fleeing motor vehicle. Whenever possible, the involved officer should make an effort to move to an area of safety if the vehicle becomes a threat, including retreating from the threat, if practical.
7. Require Use of Force Continuum
It has been the longstanding position, backed by annual defensive tactics and use of force training, that only the minimal force required (if any) should be utilized. Officers should first attempt to gain a subject’s cooperation through the use of verbal direction (if practicable) prior to using physical force.
Compliance may be obtained through a variety of approaches (e.g., persuasion, warning, commands). When appropriate, verbal commands should initially be issued in a courteous manner (this is not to imply that officers must compromise personal safety or control of a scene for the sake of civility).
The use of force “continuum” or “matrix” has constructively been in use in the Darien Police Department for decades. The least amount of force (if any) is what is required. In accordance with CLESP standards published June 12, 2020, our General Orders are being updated to specifically further codify the standard.
8. Require Comprehensive Reporting
The Darien Police Department ensures that all uses of force are thoroughly and accurately documented per department policy and state statutes. All use of force incidents, including where force is displayed but not utilized, are reported.
An example of this is where an officer might draw his/her Conducted Electrical Weapon (Taser) but not actually deploy it. This provides a very accurate analysis of those incidents that are successful de-escalated without force being employed.
When physical contact/defensive tactics are used to subdue a subject, the officer will:
• a. Provide medical attention as detailed the General Order.
• b. Notify a supervisor.
A written incident report and a State of Connecticut Use of Force incident report shall be generated.
Contact Police for More Info
Photo from Darien P.D.
Darien Police Chief Donald Anderson
Please know that we strive to be an open and transparent and approachable police agency. Should you wish to speak further on these topics or other matters of concern, I can be reached at (203) 662-5310 or via email at danderson@darienct.gov.
I will put you in contact with the person in our agency who is best equipped to assist you or answer your question.
Q & A
Q – Does Darien require officers to de-escalate situations whenever reasonably possible by communicating, creating or maintaining distance and eliminating the need for force?
A — Yes, all members of the Darien Police Department are trained annually in both de-escalation methods and techniques as well as “Fair and Impartial Policing.” We currently have 14 officers formally trained in Crisis Intervention Techniques (CIT) and are continually training additional officers on an ongoing basis as well. Our goal is to have as many officers as possible trained in CIT as we move forward.
Q – Are officers required to intervene and stop excessive force used by other officers?
A — Yes, officers are trained and fully expected to intervene if they see any violation of law or if excessive force is being used. Officers are subject to discipline if they fail to intervene in any situation where it is called for.
Q – Are use of force incidents investigated and reported?
A — Yes, any and all uses of force are fully documented and reported. Our General Orders reflect that merely handcuffing a compliant subject is considered a use of force and is fully documented in the incident report.
In an effort to be fully transparent, accountable and fully compliant with use of force reporting, the Darien Police Department reports even the “display” of force, i.e. those cases where a weapon such as a Conducted Electrical Weapon (i.e. Taser) or firearm is displayed but not actually used by the officer(s).
The actions of each and every officer involved in any given incident are reported individually as each officer’s actions must be independently and objectively reasonable within both departmental and statewide policy.
Q – What is the review process for any use of force incident both within the department and by any independent body or commission?
A — All use of force incidents are documented on the State of Connecticut Use of Force reporting form. This form is completed by the ranking supervisor of the shift when the incident occurred The supervisor, after reviewing the incident reports and, in some cases, the body worn camera video, makes the initial determination if the use of force was reasonable and within both state statute, POST-C (Connecticut Police Officer Standards and Training Council) standards and department policy.
The report is then reviewed by Command and Administrative Staff (Administrative Lieutenant, Training Lieutenant and Captains). Finally, all use of force reports are ultimately reviewed by the Chief of Police to ensure accuracy, completeness and compliance with above stated standards.
After department review, all use of force reports are submitted to the State of Connecticut for Use of Force review in order to be fully compliant in state reporting requirements.
Q – What is the process by which we hire new officers, including background checks?
A — The application form for initial employment as a police officer is extremely thorough. Candidates first must achieve a defined passing score on a written test.
This written test is fully vetted for both validity and reliability and is administered by an outside professional testing agency. Candidates are then extensively interviewed by a panel consisting of internal police staff members of varying ranks. Viable candidates are then moved forward to a separate interview with the Darien Police Commission.
A successful interview with the Police Commission places promising and still viable applicants at the “conditional offer” phase of employment. However, at this point the process has really only just begun.
We then obtain a release from the applicant and begin the formal background process. The process is assigned to a member of the Command Staff, usually the Commander of the Detective Division.
We interview all references, former and current employers and independently verify reported educational achievements by contracting with a professional firm who verifies educational achievements.
We look closely in criminal databases, civil databases, motor vehicle records, and any other pertinent sources of information that are reasonable, lawful and allowable. Candidates are required to disclose their online presence and all social media platforms.
Finally, the applicant is subject to very stringent psychological testing including a polygraph test by a licensed practitioner and a physical which includes a complete drug screen. Successful candidates are then offered probationary employment with the Town.
Once offered probationary employment, the candidate is typically trained at the State of Connecticut POST-C Police Academy which is an approximate six month course of full time study. Once successfully completing the Police Academy, officers return to our agency to being working in the field for a period of approximately ten weeks under the supervision of a Field Training Officer (FTO).
Only after completing all these steps is an officer ready to work on their own. All probationary officers must work a full year from the date of full certification before being offered non-probationary employment status.
Q – What is the department’s disciplinary process for officers who violate the department’s rules or laws?
A — The Darien Police Department has long had an extremely comprehensive, fair and reasonable disciplinary process established in the Department’s General Orders. The department promotes and fully expects professional public safety service from all its employees.
The disciplinary process follows a logical and reasonable progression of progressive discipline while simultaneously allowing due process for employees. We expect nothing less than fully honorable, lawful and professional performance from our officers and staff.
Internal discipline can range from admonishment, verbal warnings or retraining in minor instances up to termination of employment for serious or repeated violations of the General Orders. For conduct that may rise to the level of criminality, the State’s Attorney’s Office would direct the investigation into those occurrences where an arrest may be warranted.
Q – Are officers banned from shooting at moving vehicles?
A — Yes, the firing of warning shots or the firing at a fleeing vehicle’s tires is prohibited. The operator of a patrol vehicle in pursuit of an offender is not allowed to fire a weapon at the fleeing vehicle under any circumstances. Shooting at a vehicle is permitted only when deadly force is necessary and allowable under both the Darien Police Department General Orders and the Connecticut General Statutes.
Q – What is being done to educate officers on racial profiling and racial bias?
A — All officers in the Darien Police Department are trained yearly by prominent experts in the legal field who are POST-C certified instructors. This annual training includes both “Fair and Impartial” and “Bias Free” policing.
Additionally, several ranking officers have received advanced “train the trainer” instruction on Fair and Impartial policing and De-escalation and are certified to teach on the topic.
As part of the three year POST-C recertification process, all police officers in the state of Connecticut must complete a mandated block of instruction in the areas of Racial Profiling, Bigotry and Bias. Racial profiling is prohibited by law in the State of Connecticut. Our officers are effectively trained in this area, fully understand that racial profiling is absolutely prohibited, and even more importantly, why it is prohibited and not at all reflective of what a professional law enforcement agency like ours stands for.
Q – Do we use body cameras?
A — All sworn officers in the Darien Police Department are issued Axon Body Worn Cameras (BWCs). Officers are instructed and expected to activate the BWC during virtually all interactions with the public while on regular patrol duty and in uniform.
Each video is catalogued and retained for specific time frame as set by State retention standards and department policy. In addition, each of our marked patrol vehicles are equipped with an in-car camera system that function in tandem with the BWCs. The cameras can be activated manually by the officer at any time, but are automatically activated whenever the emergency lights of the vehicle are turned on when the patrol vehicle is being operated at elevated, highway speeds.
Q – Do all the states have similar requirements for reporting and training of officers?
A — Training for police officers varies greatly across the country. The State of Connecticut has in place a very thorough police recruit training regimen that is recognized nationally as being of high quality and incorporating best practices in law enforcement and public safety services. Similarly, the reporting and training requirements for use of force, racial profiling, in service training, de-escalation, bias free policing and other topics are recognized as being at the forefront of training initiatives across the country.
Q — What is your Social Media policy for your employees?
A — The Darien Police Department recognizes the use of social media in both personal and professional settings to enhance communication, collaboration and information exchange.
It is the policy of this Department to allow its employees to exercise their First Amendment rights with regard to the reasonable use of social media to the fullest extent.
The Department encourages uses of social media that do not unnecessarily disrupt the operation of the Department or damage the professional image, credibility or reputation of members of the Department.
—During off-duty hours, Department personnel are free to express themselves as private citizens on social media sites to the degree that their speech does not suggest or imply that the views expressed are those of the Department.
—The posting of any of the speech described herein by personnel identifying themselves as an employee of the Department is strictly prohibited; speech containing obscene or sexually explicit language, images, acts, and statements or other forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, religion, ethnicity, group, organization or any protected class of individuals.
—The posting of any of the speech described herein by personnel identifying themselves as an employee of the Department is strictly prohibited.
—When using social media, Department personnel must be mindful that their speech becomes part of the worldwide electronic domain, whether posted by the employee or later forwarded or shared by third parties. Any employee’s posted content has the potential to be shared broadly, reaching individuals with whom the employee did not intend to communicate. Therefore, adherence to the Department’s Code of Conduct, is always required in the personal use of social media.
—Department personnel are prohibited from posting anything obtained through their official duties to any personal social media platform.
—Department personnel are cautioned that speech, on or off duty, made pursuant to their official duties is not protected under the First Amendment. Speech deemed “pursuant” is hereby defined as speech that “owes its existence to the employee’s professional duties and responsibilities.”