At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 10th day of October 2017 at 7:30 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
1. C. REGULAR SESSION
2. PLEDGE OF ALLEGIANCE TO THE FLAG 
The Pledge of Allegiance to the flag is given.
3. ROLL CALL
Roll Call is taken and all members are present.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on September 25, 2017 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on September 25, 2017 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of Sweet Cakes Bakery under License Item 6A.
(CA) 6A. UNANIMOUSLY VOTED: to grant Victualling Licenses for the year beginning December 1, 2017 to the following; Renewals:
C.L. Enterprises Inc. d/b/a Hal’s Garage & Auto Body, 171 Old Tower Hill Road, Wakefield, RI 02879. Application by R. Harold Thomas Jr., President, 11 Wishing Well Circle, Wakefield, RI 02879. License No. BS-17-78.
D.E. Foods Inc. d/b/a Kentucky Fried Chicken / Taco Bell, 139 Old Tower Hill Road, Wakefield, RI 02879. Application by David E. Evans, President, 170 Olde Forge Road, Hanover, MA 02339. License No. BS-17-62.
Rosario’s Restaurant Inc. d/b/a Kingston Pizza, 1283 Kingstown Road, Peace Dale, RI 02879. Application by Ina Sciabarrasi, 40 Carriage Lane, Kingston, RI 02881. License No. BS-17-85.
Taylor’s Landing Country Store Inc. d/b/a TLC Coffee, 3362 Kingstown Road, West Kingston, RI 02892. Application by David Turchetta, President, P.O. Box 245, West Kingston, RI 02892. License No. BS-17-143.
ZZ Brothers LLC d/b/a El Fuego Mexican Grill, 344 Main Street, Wakefield, RI 02879. Application by Zachary R. Walker, Member, P.O. Box 350, West Kingston, RI 02892. License No. BS-17-162.
(CA) 6B. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:
Cardi’s Department Store Inc. d/b/a Cardi’s Furniture Bedding Plus, 25 South County Commons Way, Unit B1, Wakefield, RI 02879. Application by Heather Carreiro, One Furniture Way, Swansea, MA 02777. License No. BS-17-106.
DEG LLC d/b/a Wakefield Books, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Robert Ryan, Member, 511 Providence Street, Warwick, RI 02886. License No. BS-17-98.
Denali Wakefield LLC, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Todd Raskin, 1 Shoreline Drive, Suite 7, Guilford, CT 06437. License No. BS-17-142.
General Nutrition Corporation d/b/a General Nutrition Center #7090, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael C. Smith, Vice President, 300 Sixth Avenue, Pittsburgh, PA 15222. License No. BS-17-101.
Silver Spring Marine Inc., 362 Pond Street, Wakefield, RI 02879. Application by Lynn Fiorenzano, President, 362 Pond Street, Wakefield, RI 02879. License No. BS-17-105.
Sunshine Vape LLC, 35 South County Commons Way, Unit D4, Wakefield, RI 02879. Application by Darin Tripoli, 2699 Post Road, Warwick, RI 02886. License No. BS-17-122.
(CA) 6C. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2017 to South County Donuts Inc. d/b/a Dunkin Donuts, 1892 Kingstown Road, Kingston, RI 02881. Application by Robert Batista, President, 75 Tipping Rock Drive, East Greenwich, RI 02818; Renewals. License Nos. BS-17-110, 111.
(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Theater Licenses for the year beginning December 1, 2017 to South Kingston Cinemas LLC d/b/a Entertainment Cinemas, 30 Village Square Drive, Wakefield, RI 02879. Application by Mark Benvenuto, Member, 55 Cambridge Parkway, Suite 200, Cambridge, MA 02142; Renewals. License Nos. BS-17-94, 95, 96.
(CA) 6E. UNANIMOUSLY VOTED: to grant a Victualling License and Additional Hours between 2 AM and 6 AM for the year beginning December 1, 2017 to Kasbac LLC d/b/a McDonald’s Restaurant, 140 Old Tower Hill Road, Wakefield, RI 02879. Application by Paul Farren, Manager, 128 Union Street, Suite 504, New Bedford, MA 02740; Renewals. License Nos. BS-17-155, 157.
(CA) 6F. UNANIMOUSLY VOTED: to grant a Trailer Park – Mixed Use Facilities License for the year beginning December 1, 2017 to Matunuck Beach Trailer Association, 811 Matunuck Beach Road, Wakefield, RI 02879 for 22 spaces. Application by Kathy Lynne Laplante, Treasurer, P.O. Box 762, Wakefield, RI 02880-0762; Renewal. License No. BS-17-148.
8. COMMUNICATIONS
(CA) 8A. UNANIMOUSLY VOTED: that communications dated September 23, 2017 from John and Kathleen Impagliazzo and dated September 26, 2017 from Margaret Impagliazzo requesting traffic safety and road improvements to the Narragansett Avenue East neighborhood are received, placed on file, and referred to the Director of Public Services. (9/28/2017 Interim, Item C. and 10/5/2017 Miscellaneous, Item II C.)
(CA) 8B. UNANIMOUSLY VOTED: that a communication dated September 25, 2017 from Helen Drew, Board President and Kate Brewster, Board Treasurer, Welcome House of South County expressing their appreciation for the Council’s financial assistance, and advising of the resignation of Joseph Dziobek as Executive Director and the appointment of Allison Martinez as interim director is received and placed on file. (9/28/2017 Interim, Item F.)
(CA) 8C. UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
(CA) 13A. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to the renewal of Liquor Licenses for the year beginning December 1, 2017.
(CA) 13C. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
6. LICENSES
A. VOTED: to grant a Victualling License for the year beginning December 1, 2017 to Creighton Company d/b/a Sweet Cakes Bakery, 1227 Kingstown Road, Peace Dale, RI 02879. Application by James B. Creighton, President, 351 North Road, Wakefield, RI 02879; Renewal. License No. BS-17-103.
Councilwoman Gledhill recuses herself.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held to consider the proposed adoption of a new Police Department Standing Order relative to Weapons – Caliber, Ammunition and Safety; and proposed amendments to Standing Orders relative to Use of Force, OC Spray, Police Baton, Conducted Electrical Weapons, and Vehicular Pursuit.
Police Chief Joseph P. Geaber, Jr. is present along with Sergeant Patricia Gardner. Chief Geaber presents the proposed amendments which resulted from the Police Department’s comprehensive review of their Standing Orders and Operational Policies relating to “Use of Force” to insure best practices are being followed, in compliance with the RI Police Accreditation Commission standards.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt a new Police Department Standing Order No. 410.05 relative to Weapons – Caliber, Ammunition and Safety; and amend Standing Orders relative to Use of Force (No. 410.01), OC Spray (No. 410.02), Police Baton (No. 410.03), Conducted Electrical Weapons (No. 410.04), and Vehicular Pursuit (No. 420.01), as presented, as follows:
South Kingstown Police Department
1790 Kingstown Rd., Wakefield, RI 02879
Two of the most sensitive investigations that law enforcement agencies are called upon to conduct are the investigation of the use of deadly force by a police officer, or the investigation of the death of a person in police custody. Experience has shown that these investigations frequently pose complex factual and legal issues, and are closely followed by the public we serve. This model protocol publishes existing policies and practices of the Attorney General in such investigations.
This Protocol should be used whenever the use of deadly force by police results in the death or injury of any person.
This Protocol should be used whenever any person dies while in police custody, or during the apprehension or attempted apprehension of any person.
It is recommended that Protocol be used whenever deadly force is used that does not result in any injury.
The Protocol may be used to review any incident in which the action or conduct of police has resulted, directly or indirectly, in the injury to any civilian whose conduct was not the focus of police activity.
Whenever deadly force is used, whether or not a person is injured, the police department utilizing the force should immediately notify the Attorney General and either the Rhode Island State Police (if deadly force was used by a municipal law enforcement agency) or the appropriate municipal law enforcement agency(if deadly force was used by the Rhode Island State Police). This notification should occur regardless of whether a multi-agency investigative team is utilized.
As a general rule, present to a Grand Jury every police-involved deadly force incident resulting in a fatality. Our review of non-fatal incidents and custodial deaths may be concluded without a formal Grand Jury presentation.
Utilize multi-agency investigative teams to review officer-involved deadly force and custodial death incidents. Ordinarily, the Rhode Island State Police and the police department in whose jurisdiction the incident took place will comprise the investigative team.
Assign a senior prosecutor (or prosecutors) to work with your investigators and to provide legal advice throughout the course of your investigation.
Make available other office resources including assistance with public information and public records requests.
Promptly notify the Rhode Island State Police (444-1000) and the Office of Attorney General. (After hours, a prosecutor may be reached through the Attorney General’s BCI Unit at 421-5268). In the case of incidents involving the Rhode Island State Police, they will notify the municipal law enforcement agency having jurisdiction over the location of the incident.
Keeping in mind the value of a multi-agency investigation, investigative steps taken prior to assembly of the multi-agency team should be limited to those necessary to preserve evidence or those required due to other exigent circumstances.
The Chief of the law enforcement agency whose officer utilized deadly force should normally serve as the primary point of contact for media inquiries and coordinate responses with the investigative team.
The Investigative Team will be made up of experienced investigators working together to conduct the most informed and efficient review possible, and will work with the Office of Attorney General to review the circumstances of the incident. For Grand Jury investigations, the investigators will be sworn as Grand Jury investigators subject to the rules governing Grand Jury investigations.
The purpose of this policy is to minimize injury to police officers and arrestees through the use of Oleoresin Capsicum as an approved chemical substance and use of force tool.
a. Command Presence
b. Verbal Commands
c. Physical Strength and Skills
d. Chemical Spray/OC Spray
e. Conducted Electrical Weapon (CEW/Taser)
f. Impact Tools
g. Lethal Force
Note: It is not the intent of this policy to direct officers to try each of the options before escalating to the next. The officer may employ that force option which he or she believes is reasonably necessary to accomplish lawful objectives at that time.
The purpose of this policy is to set forth guidelines in the use of the baton as a use of less-lethal force.
It is the policy of the South Kingstown Police Department to ensure that its members are successfully trained with the baton in the use of force options.
1. The department issued ASP brand, twenty-one inch, Electroless expandable baton is the only baton authorized to be carried by members of the South Kingstown Police Department.
2. Department members are authorized to carry the baton after receiving instruction and successful completion of department training requirements.
3. Officers will be issued a baton upon entrance to the RI Municipal Police Academy or upon hire should he or she have already successfully attended the academy.
4. The baton will be kept in its holder on the officer’s duty belt, in their duty bag or in a secure, non-public location.
5. An officer who feels his or her baton is damaged or inoperable will request a replacement through his or her supervisor.
1. The baton can be used whenever an officer finds it necessary to use physical force to gain and maintain control in accordance with the South Kingstown Police Department’s use of force options which are listed below in ascending order from least severe to most drastic:
Note: It is not the intent of this policy to direct officers to try each of the options before escalating to the next. The officer may employ that force option which he/she believes is reasonably necessary to accomplish lawful objectives at that time.
2. Consideration must be given to minimize the injury to that person.
3. Target selection is based upon the amount of force an officer perceives as reasonably necessary to bring a non-compliant subject under control.
4. Areas of the body which should be avoided when using the baton:
5. Officers may have to rely on the baton to subdue a violently resisting subject. However, officers must realize that blows to the head with the baton could be fatal. Therefore, delivery of blows to the head is prohibited unless they are consistent with SKPD Standing Order 410.01 Lethal & Less Lethal Force.
6. Should techniques be applied to restrain individuals, an officer should avoid any technique that could result in choking the subject, unless loss of life by the officer or a third party is imminent.
7. The police baton should not be used to strike handcuffed individuals.
8. In all cases where use of force results in injury to another person, officers will render first aid and summon the appropriate medical assistance as needed.
9. All uses of force involving the police baton require a Use of Force form to be completed in accordance with SKPD Standing Order 410.01 Lethal & Less Lethal Force.
| POLICY NUMBER | ORDER TYPE | ORIGINAL ISSUE DATE | EFFECTIVE DATE |
| 410.04 | STANDING ORDER | 12/11/14 | 10/10/2017 |
| CHAPTER : SUBSECTION | TITLE |
| LAW ENFORCEMENT OPERATIONS: USE OF FORCE | CONDUCTED ELECTRICAL WEAPON (CEW/TASER) |
| REVIEW DATES | REVISION DATES |
| 1/26/16, 8/13/17 | 8/13/17 |
| DISTRIBUTION | REFERENCE | PAGES |
| SWORN PERSONNEL | RIPAC 2.12-2.14 | 6 |
- PURPOSE
It is the purpose of this policy to provide officers with guidance on the use of the Taser X2® CEW Conducted Electrical Weapon, referred to hereinafter as “CEW”.
- POLICY
Consistent with the South Kingstown Police Department’s policy of using only that force that is reasonably necessary to accomplish lawful objectives, while protecting the life of the officer or another, the Department authorizes the use of the Taser X2® Conducted Electrical Weapon (CEW) by certified officers. The primary purpose of employing the CEW is to reduce injuries to officers and suspects by stopping threats from a safe distance. The CEW is not intended to be used in place of lethal force or as a general substitute for other non-lethal force options.
- DEFINITIONS
Anti-felon Identification Tags (AFIDs) – Small, patented tags contained within each Smart cartridge that are dispersed when the cartridge is deployed; used to trace the use of the cartridge.
Central Information Display (CID) – A single color (yellow) display screen allows the X2 CEW operator to observe system status information and view option changes.
Performance power magazine (PPM) – The CEW’s battery.
Cartridge – Known as a Smart Cartridge; contains a small circuit board that communicates cartridge type, distance and status to the X2 CEW.
Warning Arc – An arc across both bays without discharge of the Smart Cartridges.
Function “Spark” Test – A daily function test which assists in confirming the proper operation of the electrical components.
Drive Stun – CEW has direct contact with the subject. There are two modes of drive stun: 1) utilizing the electrodes on the front of the CEW and 2) three-point deployment. Drive stun generally does not cause incapacitation.
Neuro-Muscular Incapacitation (NMI) – NMI systems affect BOTH the sensory and motor nerves. The Motor Nervous System consists of the nerves that go out from the spinal cord and connect to the muscles, controlling the muscle movements. These are the nerves we really want to control to stop aggressive subjects. That is how NMI systems work; they stimulate these motor nerves causing uncontrollable muscle contractions that inhibit the subject from being able to perform coordinated movement.
- PROCEDURES
A. Discussion
1. CEW’s are designed to restrain violent individuals where alternative restraint tactics have or are reasonably likely to fail, and / or where it would be unsafe for an officer to approach a subject to apply restraints.
2. CEW’s are designed to use propelled wires or direct contact to conduct electrical charge to primarily affect motor functions and/or the sensory nervous system. The CEW projects two probes that are attached by thin, insulated wires leading back to the CEW cartridge. An electrical signal transmits throughout the region where the probes make contact with the body or up to 2 ¼” of clothing. The result is neuro-muscular incapacitation (NMI), which affects the subject’s neuromuscular control. There are different levels of NMI, ranging from limited area affects to significant body lockup. The greater the probe spread, the higher likelihood of NMI. The subject should normally be immobilized long enough for the officers to apply restraints while the subject is under the CEW’s power. CEW’s may not achieve total NMI incapacitation. Manufacturers state that no permanent damage is caused by the CEW under normal conditions; however, precautions in its use shall be followed in accordance with provisions of this policy.
B. Training and Issuance
1. Only officers who have successfully completed the Department’s approved course of instruction on the CEW are authorized to use it.
2. Officers will receive refresher training in the use of the CEW on an annual basis or in accordance with the manufacturer’s recommendations.
3. A record of those officers who have successfully completed the department’s approved course of instruction on the CEW will be maintained in the Office of Training. A list of those officers will be given to all Shift Commanders.
4. CEW’s are stored in the Weapons Locker in Roll Call. Certified officers will sign out CEW with their shift supervisor at the beginning of their shift and return the unit at the end of their shift.
5. CEW’s are to be kept in the holster on the officer’s duty belt or vest until use is necessary.
6. Should a CEW appear or become damaged, it will be left secure in the Weapons Locker and the Training Officer will be notified.
C. Usage and Handling
1. The CEW may be used when other less-than-lethal force options have been ineffective or when it reasonably appears that such an option will be ineffective in restraining the subject.
2. Examples of situations in which the CEW may be used include, but are not limited to, the following:
a. Dealing with the emotionally disturbed person (EDP) who is displaying violent behavior and is an immediate danger to himself or others;
b. Armed subjects;
c. Execution of a warrant where the subject is perceived to be violent;
d. Violent persons under the influence of drugs and / or alcohol;
e. Persons expressing the intent and having the means to commit suicide or otherwise harm themselves;
f. When deemed a reasonable alternative to lesser force options that will likely be ineffective or greater force options that may be inappropriate given objective circumstances.
3. When an officer deployed with a CEW encounters a situation that may require its use, he will request a supervisor and a back-up officer to the scene prior to its use, if circumstances and time permit. If this is not possible, the OIC will be notified as soon as possible after deployment.
4. The CEW will not be pointed at any individual unless the officer reasonably believes it will be necessary to use the device.
5. An officer will, when practical, shout “TASER!” as a warning to the intended target, other officers and anyone else in proximity.
6. A warning arc can be displayed according to departmental training as an attempt to deter an attacker/aggressive subject or crowd. This is not mandated and largely depends on the situation.
7. The CEW will not be used in the following situations:
a. When the officer cannot, for safety or other reasons, approach the subject within range;
b. In proximity to flammable liquids, gases, blasting material or any other highly combustible materials that may be ignited by use of the device, including but not limited to any subject who may have been contaminated with combustible liquids;
c. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death, (e.g., incidents as noted in Section IV, paragraph C (10) below, and situations where the suspect’s fall may result in serious physical injury or death).
d. On a handcuffed or secured prisoner, absent overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion.
8. For maximum effectiveness the CEW should be fired at approved target areas, with a preferred range of 7 to 15 feet away. The face and neck areas are to be avoided if at all possible.
9. Use of the CEW within less than the preferred range can be done through “drive stun”.
a. “Drive Stun” shall only be applied in accordance with department training.
b. Some situations “drive stun” may be deployed are if a cartridge does not deploy properly, ineffective probe contact, missed probe contact, close proximity or for the immediate safety of officers involved.
10. In non-lethal force situations, when possible, an officer should avoid using the CEW on the following:
a. Persons in control of a vehicle;
b. Persons in wheelchairs;
c. Pregnant women;
d. People with known heart problems;
e. People with apparent debilitating illness or the elderly;
f. Children or those persons under 80 pounds;
g. Individuals with known neuromuscular disorders such as multiple sclerosis, muscular dystrophy, or epilepsy.
11. Probes that have been removed from a subject or fired at a subject will be placed in a biohazard evidence tube and stored according to department evidence procedures. Cartridge packs used against individuals will be tagged as evidence.
12. Officers will collect at least 3 or 4 AFIDs that are left behind after firing the probes and tag them as evidence.
13. The CEW will be issued to authorized officers at the beginning of their shift. The supervisor will record on the patrol roster which officer was issued a CEW.
14. Before an issued officer’s shift, each CEW should be spark tested, contacts should be inspected for carbon buildup, and officers should check the CID to ensure the PPM has sufficient charge. For any reading below 20%, the PPM should be removed from service/replaced.
D. Officers Discharging an Electronic Control Device (CEW)
1. If a supervisor is not present, request the response of a supervisor.
2. Subjects who have been restrained by use of an CEW, whether or not the probes penetrated the skin, shall be treated as follows:
a. Once in custody, police will initiate an EMS response to ensure medical care for the restrained subject in accordance with the RI EMS Pre-hospital Care Protocols and Standing Orders. At least one officer will accompany the suspect if taken in the rescue.
b. The officer will inform the responding EMS staff that the person was subjected to a CEW and relate the approximate time the action occurred. The officer will request of the medical staff a physical examination of the person with particular emphasis on secondary injuries due to the fall. Only emergency room staff may remove probes, (probes can only penetrate to a maximum depth of ¼ inch).
c. The supervisor will ensure photographs will be taken of the person – in the area where the probes penetrated and any secondary injuries that may have occurred.
d. The officer will obtain medical clearance from the emergency room physician before transporting the person to the Police Department or another facility.
E. After – Action Report
1. Use of a CEW is considered a use of force and the officer is required to fill out a “Use of Force Report” as well as a providing proper documentation in the arrest report. The OIC will ensure the reports are completed and forwarded to the Captain of Operations. A copy of the Use of Force Report will be forwarded to the Training Office for the purpose of downloading the data from the CEW.
2. With the exception of training, all instances of CEW usage including accidental discharges at or towards a person or animal will be reported on a Use of Force Report and reviewed by the Captain of Operations. Other accidental discharges (in-station, when ‘spark testing’…) will be reported in memo format and forwarded through the chain of command to the Captain of Operations.
F. Maintenance
1. Testing and maintenance of the CEW will be consistent with manufacturer’s specifications.
2. After each cartridge discharge, the firing bay shall be cleaned with an alcohol treated cotton swab to prevent building of carbon residue and potential firing complications.
3. Cartridges should be stored in a cool, dry environment and will be replaced according to the manufacturer’s expiration date.
4. A CEW should not be left in direct sunlight due to the possible adverse effects on plastic parts.
5. The Department Training Officer and CEW Instructor(s) will develop and maintain a testing and maintenance schedule for all Department CEW’s and their component parts.
6. The Training Officer or CEW Instructor(s) will download the information from each CEW on a regular basis, or as necessary for data collection, and a log containing this information will be maintained. A copy of the log reports will be kept on the department computer.
| POLICY NUMBER | ORDER TYPE | ORIGINAL ISSUE DATE | EFFECTIVE DATE |
| 410.05 | STANDING ORDER | 10/10/2017 | 10/10/2017 |
| CHAPTER : SUBSECTION | TITLE |
| LAW ENFORCEMENT OPERATIONS : USE OF FORCE | WEAPONS – CALIBER, AMMUNITION & SAFETY |
| REVIEW DATES | REVISION DATES |
| |
| DISTRIBUTION | REFERENCE | PAGES |
| SWORN PERSONNEL | RIPAC 2.17 | 3 |
I. PURPOSE
The purpose of this policy is to regulate authorized weapons and ammunition for on and off duty use.
II. POLICY
It is the policy of the South Kingstown Police Department to specify the caliber, type of ammunition, and weapons for on and off duty use.
III. PROCEDURE
A. Duty Weapons - Lethal
1. The department issued handgun is the SIG Sauer P-226 .357 caliber; this is the only authorized handgun for on-duty carry and use.
2. The department provided patrol rifle is the Tactical CAR A4, .223 caliber. Officers who have qualified in the use of this patrol rifle may take one for use on patrol. One is provided for use to the Detective Division and any Detective or Administrative officer who is qualified in the use of the patrol rifle may take one to use in an emergency situation.
3. The department provided shotgun is the Mossberg military 590, 12 gauge. Officers who have been trained in the use of this shotgun and have shown proficiency in annual in-service training may take one for use on patrol.
4. An officer may carry his or her personal rifle, provided he or she has qualified with it annually and its use has been approved by the Chief of Police or his or her designee.
5. Duty handguns will be issued by the Range Supervisor. The officer’s name and the serial number of the handgun will be logged and kept on file in with the Range Supervisor and the Chief of Police’s office.
B. Duty Weapons – Less Lethal
1. The only less lethal weapons approved for on-duty carry and use are department issued OC spray, police baton/ASP® and conducted electrical weapon/Taser®.
2. This does not prohibit an officer from using any other item, such as a flashlight, during a lethal force situation as set forth in SKPD 410.01 Lethal & Less Lethal Force.
C. Off Duty Weapons - Lethal
1. Officers of this department are authorized, but not obligated to carry their department issued or authorized handgun off-duty.
2. Handguns carried in an off-duty capacity must be no less than .32 caliber or greater than .45 caliber and can be either semi-automatic or revolver types.
3. Off-duty weapons shall be carried safely and concealed from public view. In addition, when armed and attired in plain clothes, officers shall carry their department issued identification and badge.
4. Officers shall carry only weapons and ammunition authorized by and registered with this department. Officers must qualify annually with any weapon they wish to carry off duty. This provision does not apply to off-duty recreational shooting or weapons the officer does not intend on carrying.
D. Ammunition – Duty and Off Duty
1. The only department authorized handgun ammunition type is jacketed or semi-jacketed hollow point.
2. Officers may not carry or use: armor piercing, foreign surplus, tracer, exploding cartridges, shot cartridges, Teflon coated, or any other handgun ammunition not defined as jacketed or semi-jacketed hollow point.
3. The only department authorized calibers of patrol rifle ammunition are the .223 caliber / 5.56mm caliber or 6.8 SPC.
4. The only department authorized caliber of shotgun ammunition is the 12 gauge.
5. Ammunition for both duty and off-duty weapons shall be commercially manufactured and as noted above in this section.
E. Safety
1. Department patrol rifles, shotguns and Tasers® will be kept secured in a gun locker in the Roll Call room. Downed or other firearms will be secured in the armory; Tasers® for repair will be secured in the Training Office. Shift OIC’s will enter the rifle, shotgun or Taser® number an officer takes on patrol into the IMC system in Attendance, Equipment. These weapons are to be returned to the gun locker by the officer assigned to at the end of the officer’s shift.
2. Officers are responsible for the safe storage of their weapons when off-duty in compliance with RIGL 11-47-60.1, entitled “Safe Storage”.
3. While on-duty, issued pistols will be holstered on the officers’ duty belt or secured in a locked cabinet or drawer; less lethal weapons will be stored either on the duty belt, duty vest or in the officer’s duty bag in a secured vehicle. Authorized patrol rifles and shotguns should be secured in a provided rack in the patrol vehicle or secured in the trunk or other provided compartment.
4. Any officer who believes his or her department issued firearm to be unsafe or defective shall immediately notify his or her supervisor or the Range Supervisor. The firearm will be taken out of service until properly inspected by a certified armorer or the manufacturer, and a spare will be issued by the Range Supervisor.
5. Any department issued firearm deemed to be unsafe or defective will be replaced or repaired by a certified armorer or manufacturer before being put back into service.
| POLICY NUMBER | ORDER TYPE | ORIGINAL ISSUE DATE | EFFECTIVE DATE |
| 420.01 | STANDING ORDER | 1984 | 10/10/2017 |
| CHAPTER : SUBSECTION | TITLE |
| LAW ENFORCEMENT OPERATIONS: TRAFFIC | VEHICULAR PURSUIT |
| REVIEW DATES | REVISION DATES |
| 6/10/02, 10/04/06, 5/08/14, 8/13/17 | 6/10/02, 5/08/14, 8/13/17 |
| DISTRIBUTION | REFERENCE | PAGES |
| SWORN PERSONNEL AND DISPATCHERS | RIPAC 7.3, 7.4 | 8 |
- PURPOSE
To establish guidelines for use during vehicular pursuits.
- POLICY
In recognition of the dangers the pursuit of fleeing suspects presents to the public, officers, and suspects involved in the pursuit, this policy establishes guidelines to assist officers in the safe performance of their duties while enforcing the laws of the State.
- DEFINITIONS
Attendant Circumstances – Those factors which might affect the decision to continue or discontinue a pursuit which must be communicated to the Officer in Charge (OIC)/Supervising officer:
1. The reason for the pursuit
2. Location and direction of travel
3. Speed
4. Traffic conditions
High-speed Pursuit – A pursuit in excess of 15 MPH over the posted speed limit.
Lethal Force - Any use of force that is likely to cause death or serious bodily injury. Lethal force is also referred to as deadly physical force.
Authorized Emergency Vehicle – All police vehicles including marked or unmarked, provided each has a siren and some emergency lighting.
Pursuit – The active attempt by an officer in an authorized emergency vehicle to apprehend the occupant(s) of a running motor vehicle who clearly exhibits a refusal to stop said vehicle at the officer’s direction and attempts to avoid apprehension through speed or evasive tactics.
Roadblock – A physical blockage of a roadway with material, equipment or vehicles to stop the operator of a vehicle who is attempting to elude an officer.
Termination of the Pursuit – The officer(s) operating the authorized emergency vehicle shall turn off the vehicle’s emergency lights and siren, and immediately reduce his/her speed to no more than the posted or prima facie speed limit.
Vehicular Intervention – The deliberate striking or contact with a fleeing vehicle by an officer with an authorized emergency vehicle.
- PROCEDURES
A. Initiation of Pursuit
A pursuit shall be undertaken by an officer only after consideration is given to the following factors:
1. The type of crime or violation committed. A high-speed pursuit or continuation of a pursuit that becomes a high-speed pursuit shall be limited to those situations which involve:
a. The attempted apprehension of persons wanted for the commission of felonious and/or misdemeanor acts that threaten, have threatened, or will threaten the health, life or safety of a person or persons; or
b. The pursuit of a motor vehicle operator who has committed moving motor vehicle violations which have endangered the lives and safety of others, and was operating in a reckless manner before the pursuit was initiated, and is continuing to operate in a manner that recklessly endangers the lives and safety of others including, but not limited to, driving under the influence of liquor or drugs.
2. The danger created by the following conditions:
a. Amount of vehicular and pedestrian traffic;
b. Location;
c. Weather conditions;
d. Condition of road surface upon which pursuit is being conducted;
e. Time of day;
f. The officer’s knowledge of the road and surrounding area;
g. Performance capabilities of the pursuit vehicle and the vehicle being pursued;
h. Any other conditions known to the officer that may be potentially hazardous.
3. A reasonable assessment has been made regarding the potential advantage to law enforcement of apprehending the fleeing operator versus the potential danger to the officer, other users of the highway, innocent bystanders, and the occupant(s) of the fleeing vehicle.
B. Pursuit Tactics
1. Unless expressly authorized by an OIC/Supervising officer, based on tactical considerations, no pursuit will be conducted by more than two (2) authorized emergency vehicles: an assigned primary and a back-up vehicle. Officers are not otherwise permitted to join the pursuit team. Officers in the immediate area of the pursuit may position themselves to assist or support in limiting and/or terminating the pursuit. When the pursuit involves a back-up unit, that unit shall maintain a safe distance behind the primary unit but close enough to provide aid and assume radio communications.
2. Whenever feasible, only marked police units shall participate in a pursuit. Unmarked cars, police motorcycles, and police special purpose vehicles that initiate a pursuit shall give way, if possible, to the first marked vehicle that joins the pursuit. This marked vehicle will then become the primary vehicle.
*For purposes of this policy, 452 (2006 Ford F-150) and 453 (2012 Chevrolet Tahoe) are considered special purpose vehicles and will give way to other marked units, should a pursuit be initiated with one of them.
3. The pursuing officers must have emergency lights and siren activated at all times during a pursuit and adhere to the provisions of R.I.G.L. 31-12-6 through 31-12-9. Officers engaged in a pursuit shall, at all times, drive in a manner exercising reasonable care for the safety of themselves and others within the pursuit area.
4. No officer will conduct a pursuit while transporting a civilian in a police vehicle.
5. Officers may not intentionally use vehicular intervention unless the use of lethal force would be authorized as established in SKPD Standing Order 410.01 – Lethal & Less Lethal Force, or as enumerated Section IV.F.1 of this policy.
C. Personnel Responsibilities
1. Primary Pursuit Officer/Unit – The primary officer shall, as soon as practical, notify the dispatcher and/or OIC/Supervisor that a pursuit has commenced and shall also advise the dispatcher and/or OIC/Supervisor of:
a. The attendant circumstances supporting the pursuit;
b. The license plate number (if known) and description of the fleeing vehicle;
c. The number of occupants, with descriptions, in the fleeing vehicle.
It is also the primary officer’s responsibility to keep the dispatcher and/or OIC/Supervisor updated about the ongoing status of the pursuit including any significant change in the attendant circumstances or other factors that may affect the decision to continue the pursuit, until a back-up officer enters the pursuit.
The primary officer may, at his/her discretion, based upon the attendant circumstances, terminate a pursuit at any time.
2. Back-up Officer – The back-up officer shall maintain a safe distance behind the primary unit sufficient to provide aid to the primary unit and shall assume the responsibility of keeping the dispatcher and/or OIC/Supervisor informed of the attendant circumstances.
3. Dispatchers – Upon notification that a pursuit is in progress, the dispatcher shall:
a. Immediately advise the OIC/Supervisor of the attendant circumstances regarding the pursuit;
b. Control all radio communications and clear the frequency in use from all non-emergency radio traffic, except that pertaining to the pursuit;
c. Notify other units of the pursuit;
d. Notify other departments or jurisdictions via telephone or radio when appropriate;
e. Obtain criminal records and vehicle checks of the suspects;
f. Coordinate and dispatch back-up assistance under the direction of the OIC/Supervisor.
4. OIC/Supervisor – Upon notification that a vehicular pursuit is in progress, the OIC/Supervisor shall, as soon as possible, assume responsibility for monitoring and controlling the pursuit.
In controlling the pursuit, the OIC/Supervisor shall be responsible for coordination of the pursuit as follows:
a. Directing vehicles into or out of the pursuit;
b. Re-designation of responsibilities of the primary, back-up or additional support vehicles;
c. Approval or disapproval, and coordination of pursuit tactics;
d. Approval or disapproval to leave the jurisdiction to continue the pursuit.
The OIC/Supervisor shall continually evaluate the attendant circumstances of a pursuit and, if judgment dictates that the potential and real dangers of the pursuit begin to outweigh the advantage of arresting the fleeing suspect(s), the OIC/Supervisor shall have the authority to override a pursuing officer’s decision to continue a pursuit and shall order the termination of the pursuit.
D. Termination of Pursuit
1. The decision to pursue a fleeing vehicle is not irreversible. The decision to terminate a pursuit may be the most rational based on the rapidly evolving, unpredictable, and tense circumstances. The pursuit may be terminated by the primary officer, the OIC/Supervisor, or another ranking officer of the pursuing agency.
2. The pursuit shall be immediately terminated in any of the following circumstances:
a. Weather or traffic conditions substantially increase the danger of pursuit beyond the worth of apprehending the suspect;
b. The distance between the pursuit and fleeing vehicles is so great that further pursuit is futile;
c. The danger posed by continued pursuit to the public, the officer(s), or the suspect(s), is greater than the value of apprehending the suspect(s).
3. The pursuing officer shall constantly evaluate the advisability of continuing the pursuit.
E. Accidents
1. During a pursuit when either a police vehicle or the pursued vehicle is involved in an accident with an unattended vehicle, fixed object or highway fixture, the involved/witnessing officer will, if possible, communicate the incident to Dispatch and/or the OIC and may continue the pursuit if, in his/her judgment, it is safe to do so, subject to the discretion of the OIC/Supervisor.
2. During a pursuit when either a police vehicle or the pursued vehicle is involved in a motor vehicle accident with an attended vehicle or any person, the involved/witnessing officer will, if possible, communicate the incident to Dispatch and will stop to render aid unless another police vehicle can be immediately dispatched or is available to render aid. The involved/witnessing officer may continue the pursuit if, in his or her judgment, it is safe to do so, subject to the discretion of the OIC/Supervisor.
3. All other provisions of the traffic accident policy shall remain in effect.
F. Use of Lethal Force
1. Any use of lethal force must meet the criteria, and be in compliance with the protocols established in SKPD Standing Order 410.01 Lethal & Less Lethal Force.
G. Roadblocks
1. Roadblocks may be implemented in extraordinary circumstances, and only when:
a. The use of lethal force is authorized;
b. Permission has been received from an OIC/Supervisor;
c. All officers involved in the pursuit have been notified of the location of the roadblock;
d. There is no civilian traffic in the immediate vicinity of the roadblock or between the roadblock and the vehicle being pursued.
2. Roadblocks may be established:
a. Using governmental vehicles, fixed objects, or approved equipment, which is specifically designed to stop a moving vehicle;
b. In a line of sight which would provide approaching vehicles an adequate distance to come to a stop;
c. The emergency lights of the police vehicles involved in the roadblock are to be activated, so as to be visible to approaching vehicles;
d. None of the blocking vehicles shall be occupied.
H. Tire Deflation Devices
1. Use of tire deflation device:
a. The tire deflation device may be utilized only after permission has been received from an OIC/Supervisor;
b. Tire deflation devices will not be used to stop motorcycles, mopeds, or other similar vehicles;
c. Tire deflation devices should not be used in locations where specific geographic features (e.g., sharp curves, alongside bodies of water, steep embankments, etc…) increase the risk of serious injury to the officer, violator or public;
d. Deployment locations should have reasonable good sight distances to enable the officer to observe the pursuit and other traffic as it approaches;
e. The officer deploying the system should not attempt to overtake and pass a high-speed pursuit in order to position the device.
2. Deployment of the tire deflation device:
a. The officer(s) deploying the device(s) should take a position of safety as the pursued vehicle approaches;
b. After all other traffic has passed over the device(s), and immediately prior to the pursued vehicle passing over the device(s), the device(s) shall be activated (exposing the spikes);
c. Immediately after the pursued vehicle goes over the device(s), the officer shall deactivate the device (retract the spikes);
d. The officer should immediately notify the dispatcher if the pursued vehicle impacted the device(s), if the officer observed any signs of deflation, and the direction and operation of the pursued vehicle after the impact.
3. Removal of the device(s) – as soon as practical, the device(s) shall be removed from the roadway.
4. Report of use – After deployment or use of the device(s), the following information will be included in the officer’s Incident or Arrest Report:
a. Date, time and location of deployment
b. OIC/Supervisor who authorized the deployment of the device(s);
c. Officer(s) who deployed the devices(s);
d. Officer(s) who activated the device(s) – if different from above;
e. Results of the use of the device(s) on the pursued vehicle;
f. Results of the use of the device(s) on any other vehicle or property;
g. The actual performance of the device(s).
5. Storage/Maintenance of devices – devices will be stored in designated marked police cruisers. Officers are responsible for ensuring that devices are in place in designated cruisers. Officers are responsible for reporting missing devices, or damage to devices. Any device that is deployed and is in need of replacement spikes will be brought to the Training Division for the necessary replacement or repairs.
6. Prior to any officer being authorized to establish a roadblock or to utilize any tire deflation device, he/she must be trained in the authorized use of these techniques.
I. Inter-jurisdictional Pursuit
1. The primary or back-up officer shall notify Dispatch when it is likely that a pursuit will continue into a neighboring jurisdiction or across the state line.
2. Pursuit into a bordering State shall conform to that State’s law.
3. If the pursuit enters another jurisdiction in Rhode Island, the pursuit policy of the entered jurisdiction shall apply and the entered jurisdiction shall have the authority, consistent with its policies, to terminate the pursuit.
4. When a pursuit initiated by another agency comes into South Kingstown, the procedures outlined in this policy shall apply. When said pursuit leaves South Kingstown, and that outside agency’s pursuing officer is alone, an OIC/Supervisor may allow South Kingstown units to follow as back-up until such time as another agency becomes available to provide back-up.
5. When a pursuit enters an interstate highway system and State Police personnel become involved in the pursuit, and become the primary pursuit vehicle, then the State Police shall have the authority, consistent with its policies, to terminate the pursuit.
J. Post-Pursuit Obligations
1. All officers involved in a pursuit shall complete a written report detailing the officer’s involvement in the pursuit. The primary pursuing officer shall include the reason for initiation of the pursuit and, if applicable, the basis for terminating the same in the written report. The OIC/Supervisor shall document his/her factual basis for continuing or terminating the pursuit, as well as the factual basis for any decision made in the course of the pursuit.
2. The department will conduct an administrative review of each pursuit and on an annual basis will conduct a documented administrative analysis of all pursuits in which agency personnel were involved. The purpose of this analysis is to determine any training needs and or policy revisions.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Healy invites residents to come forward with comments.
Kenny Burke is present and discusses the Invenergy Power Plant project in Burrillville and their attempt to reach an agreement with the Narragansett Indian Tribe to export water out of the Wood Pawcatuck River watershed which provides water for all the ground water systems in South County. Mr. Burke requests that Town staff review this for its potential to affect South Kingstown.
Town Manager Stephen A. Alfred responds that the Wood Pawcatuck River doesn’t have any specific impact to the wells that service water in the Towns of South Kingstown and Narragansett and the University of Rhode Island. It does impact the watershed area itself, so the Town Council could recognize the Town of Charlestown’s concerns regarding the export of its water resources.
John Impagliazzo is present and comments on traffic issues on Narragansett Avenue East.
Discussion ensues relative to additional public notification of the executive search process for the next Town Manager and opportunity for residents to comment. It is consensus that a letter from the Town Council President will be sent to the local newspaper, and information will be added to the Town’s website.
10. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated September 28, 2017, and the Agenda and Miscellaneous Reports dated October 5, 2017 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT – none
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to appoint James B. Thompson to the Housing Authority of South Kingstown for a term to expire in October 2022.
13. NEW BUSINESS
B. UNANIMOUSLY VOTED: to authorize the Town Manager to negotiate the project contract term and interconnection costs and subsequently execute contract(s) and land lease(s) with Kearsarge Energy, 480 Pleasant Street, Suite B110, Watertown, MA 02472 for on-site virtual net metering services; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 5, 2017 and entitled “On-Site Virtual Net Metering (VNM) Contract.”
Dale S. Holberton, CMC
Town Clerk
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