TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

TUESDAY, AUGUST 13, 2024

 

CLOSED EXECUTIVE SESSION – 6:30 PM

WORK SESSION – 7:00 PM

REGULAR SESSION – 7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Charles Gregory Sweet

 

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Nichole C. Romane, Town Clerk

 

 

 

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station.

 

NOTE:  Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

 

DATE POSTED 8/8/2024

 

1.            CLOSED EXECUTIVE SESSION – 6:30 PM

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public, and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Bronson v. Town of South Kingstown, WC-2022-0011 and re: Marler v Town of South Kingstown CA No. 1:22-cv-00441.

 

2.            WORK SESSION – 7:00 PM

Work Session with South County Health regarding current parking options for the hospital, including the possible use of space at the Public Services Building.

 

All items listed on the Town Council agenda are subject to discussion.

 

3.            REGULAR SESSION – 7:30 PM

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

 

            A.        PLEDGE OF ALLEGIANCE TO THE FLAG

            B.        LAND ACKNOWLEDGEMENT STATEMENT

 

4.            ROLL CALL

 

5.            APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

            A.        Work Session – July 22, 2024

             

B.        Regular Session – July 22, 2024

 

C.        Closed Executive Session – July 22, 2024

 

6.            CONSENT AGENDA

 

(CA)    A.        A resolution granting a Victualling License to Doughboys LLC d/b/a NY Pizza of RI 328 Main St Wakefield RI 02879. Application by Nabil Bahi, President. Renewal; License No 74694.

 

(CA)    B.        A resolution authorizing the Town Assessor to abate taxes in the total amount of $9,769.39, as shown on Tax Abatement Request No. 639.

 

Rule 13:  All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion.  There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

 

7.            LICENSES

 

            A.        A resolution granting a Victualling License to Antonio’s SK, Inc. d/b/a Antonio’s By The Slice, 1916 Kingstown Road, Wakefield, RI 02879. Application by Stamatis Reves, President. New; License No. 84928.

 

8.            PUBLIC HEARING

 

            A.        A Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:

 

CLASS B VICTUALLER LIQUOR LICENSE

 

Transfer of a Class B Victualler Liquor License from JSR Co. d/b/a Tony’s Pizzeria, 1916 Kingstown Road, Wakefield, RI by John Reves, President to Antonio’s SK, Inc. d/b/a Antonio’s By The Slice, 1916 Kingstown Road, Wakefield, RI by Stamatis Reves, President for the dining and counter areas, in accordance with Special Exceptions granted by the Zoning Board of Review on August 20, 1980 and December 18, 1991; and as further defined in a site plan on file in the Town Clerk’s Office

 

Said transfer is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, filing of a Certificate of Insurance evidencing required liability coverage, compliance with all Town ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, the correction of any fire code violations, and the satisfaction of all claims.

 

            B.        A Public Hearing to consider proposed amendments to Police Standing Orders 410.01 Lethal & Less Lethal Force; 410.02 Oleoresin Capsicum (OC) Spray; 410.03 Baton; 410.05 Weapons – Caliber, Ammunition & Safety; and 460.01 Uniform Standards, as shown on Exhibit 1 attached hereto.

 

9.            NEW BUSINESS

 

A.           A resolution adopting a citation recognizing John Biafore for his service to the South Kingstown Recreation Commission.

 

B.           A resolution, continued from July 8, 2024, authorizing the Town Manager to enter into a lease agreement with Hanson’s Pub LLC d/b/a 210 Oyster Bar, for a term of fifteen-years with an option to extend for five years upon renegotiation, for property located at Marina Park, as specified in the proposed lease agreement; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated August 6, 2024, and entitled “Marina Park Lease – 210 Oyster Bar – 15 Year Lease Agreement.”

 

C.           A resolution authorizing an award of contract to GZA Geoenvironmental, 188 Valley Street, Providence, RI 02909, in the amount of $16,280, plus $3,000 in contingency, for an amount not to exceed $19,280, for geotechnical services at Old Mountain Field as specified; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated July 25, 2024, and entitled “Recommendation – Award of Contract for Geotechnical Services for Old Mountain Field Improvement Project.”

 

D.           A resolution authorizing an award to Bulldog Apparatus, 867 State Road, Westport, MA 02879, for the purchase of two 2024 F-350 Type I ambulances with Stryker Power-Load Systems, in accordance with HGACBuy Contract AM10-23, in an amount not to exceed $624,820, and as further described in a memorandum from the Chief of Emergency Medical Services to the Town Manager dated July 8, 2024, and entitled “Award Recommendation – Ambulances.”

 

E.            A resolution authorizing an award to Cox Rhode Island Telcom LLC, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 for a VoIP telephone system for the Public Safety Complex for a 36-month contract term, in accordance with the unit pricing per Rhode Island Master Purchasing Agreement #308, in an amount not to exceed $20,767 for the first year and $18,947 per year for the second and third years along with applicable taxes, regulatory fees/surcharges, and contingency expenses; and with the option to extend the contract for an additional 24-month term, provided unit pricing does not exceed a 10% increase, and as further described in a memorandum from the Police Chief to the Town Manager dated July 25, 2024 and entitled "Award Recommendation – VoIP Telephone System for Public Safety Complex."

 

F.            A resolution authorizing an award of bid to Regal Tree and Shrub Experts, LLC, 111 Eastman Street, Easton MA 02375 for municipal tree and stump removal services in an amount not to exceed $36,100, which includes a $5,000 contingency, and as further described in a memorandum from the Public Services Director to the Town Manager dated August 2, 2024, and entitled “Bid Recommendation – FY 2024-25 Municipal Tree & Stump Removal Services.”

 

G.           A resolution authorizing the Town Manager to execute a First Lease Amendment with Cellco Partnership d/b/a Verizon Wireless, 180 Washington Valley Road, Bedminster, NJ 07921, for antenna placement at the Mautucket Road water tower, in accordance with terms of the lease agreement as approved by the Town Solicitor and as further described in a memorandum from the Public Services Director to the Town Manager, dated August 6, 2024, entitled “Verizon – Mautucket Road Water Tower – First Amendment Lease Agreement.”

 

H.           A resolution amending the Town’s Schedule of Fees revising the effective date of the septage discharge rate of $95.00 per 1,000 gallons to be effective September 1, 2024, and as further described in a memorandum from the Public Services Director to the Town Manager dated August 7, 2024, and entitled “FY 2024-25 Septage Tip Fee Rate Increase, Revised.”

 

10.          TOWN MANAGER’S REPORT

 

A.           Congratulate Craig Stanley, Chief of Emergency Medical Services on receiving EMS First Responder of the Year from the Crisis Intervention Teams of RI.

B.           Update on SBC and School Facilities Project.

C.           Report on Healthcare Management Funds.

D.           Town Beach Disability Access.

 

11.          PUBLIC COMMENTS

 

Rule 10A.  for the conduct of the meetings of the South Kingstown Town Council:  Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President.  The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information 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.

 

12.          COMMUNICATIONS

 

            A.        An email dated July 28, 2024 from Christopher Iredale, Friends of the South Kingstown Historical Cemeteries concerning the maintenance of Historic Cemetery No. 2 is received, placed on file, and the Town Council further directs _________________________.

 

            B.        An email dated July 29, 2024 from David Palazzetti tendering his resignation from the Recreation Commission effective September 1, 2024 is received, placed on file, and the Town Council further directs _________________________.

 

 

Rule 18:  Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested.  Correspondence relating to personnel issues or personal matters shall not be placed on the agenda.  The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear.  The Town reserves the right to make correspondence public by posting it on the Town Council agenda or otherwise.

 

13.          APPOINTMENTS

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

 

Rule 11:  No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

 

Pursuant to 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.”

 

 

Exhibit 1

 

South Kingstown Police Department

1790 KINGSTOWN RD., WAKEFIELD, RI 02879

 

 

 

I.                        PURPOSE

The purpose of this policy is to provide police officers with guidelines on the use of force.

 

II.                        POLICY

It is the policy of the South Kingstown Police Department to recognize and respect the value and special integrity of each human life. In vesting police officers with the lawful authority to use force to protect themselves, others, and the public welfare, a careful balancing of all human interests is required.

Therefore, it is the policy of this department that police officers will use only that force that is objectively reasonable to accomplish lawful objective.

 

III.                        DEFINITIONS

Administrative Review – A documented review of an incident or occurrence prepared by or for the Chief of Police or his/her designee. The review should indicate whether policy, training, equipment, or disciplinary issues should be addressed.

Analysis – A systematic, structured process for dissecting an event into its basic parts to identify any patterns or trends. Analysis should reveal patterns or trends that could be predictive or could indicate program effectiveness, training needs, equipment upgrade needs and/or policy modifications needs.

Appropriate Medical Aid – Aid that may include, increased observation to detect obvious changes in condition, flushing chemical agents from the eyes, applying first aid, evaluation by rescue personnel, or for more serious or life-threatening incident, immediate aid by medical professionals.

Choke Hold and vascular neck restraints – A physical maneuver applied to the neck that restricts an individual’s ability to breathe for the purpose of rendering the individual unconscious. A vascular neck restrain restricts the blood flow to the head and brain for the purpose of rendering the individual unconscious.

De-Escalation – Taking action and/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/or resources can be called upon to resolve the situation without the use of force or with a reduction of the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and/or tactical repositioning.

Imminent Threat – such an appearance of an impending threat as would cause a reasonable police officer to immediately act to stop the threat.

Less Lethal Force – Any use of force other than that which is considered lethal or deadly force.

Lethal Force – Any use of force that is likely to cause death or serious bodily injury. Lethal force is also referred to as deadly force.

Objectively Reasonable Force – That force that is necessary and appropriate when analyzed from the perspective of a reasonable officer possessing the same information and faced with the same circumstances as the officer who has actually used force; it is not judged with hindsight, and will take into account, where appropriate, the fact that officers must make rapid decisions regarding the level of force to use in tense, uncertain, and rapidly evolving situations. Important factors to be considered when deciding how much force can be used to apprehend or subdue a subject include, but are not limited to:

-          the severity of the crime at issue;

-          whether the subject poses an imminent threat to the safety of the officers or others; and

-          whether the subject is actively resisting arrest or attempting to evade arrest by flight.

Reasonable Belief - Those facts and circumstances that would lead a normally prudent police officer to believe that his/her actions are necessary.

Serious Bodily Injury - Physical injury that (1) creates a substantial risk of death; (2) protracted loss or impairment of the function of any bodily part, member, or organ; or (3) causes serious permanent disfigurement.

 

IV.            PROCEDURES

A.     General Requirements

1.      De-Escalation

a.       When safe and appropriate under the totality of the circumstances:

1)      Officers will assess the situation to determine if de-escalation is appropriate in order to reduce the potential need for force;

2)      Officers shall use de-escalation techniques and other alternatives to higher

levels of force consistent with his or her training and experience.

b.      Whenever possible, and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used.

2.      Duty to intervene – All officers present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances, shall, intercede to prevent the use of such force when in a position to do so safely. Officers shall report these observations to a non-involved supervisor without unnecessary delay.

3.      Appropriate medical aid consistent with police officer training will be provided as soon as is practical in all lethal force and less lethal force option usage resulting in injury, or allegation of injury, to include injuries incurred during apprehension and/or custody.

4.      Use of physical force shall be discontinued when resistance ceases or when the incident is under control.

5.      Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person.

6.      A department authorized and certified weapons instructor or armorer shall perform and document an inspection of all weapons:

a.       Prior to issuance to an individual officer or made available for shared department use; and

b.      At the time of qualification or recertification of said weapon.

Documentation of inspection will be maintained by the department’s Range Supervisor and a copy forwarded to the Accreditation Manager.

7.      The Range Supervisor will maintain an inventory of all department firearms and will be responsible for the issuance of all pistols. Patrol rifles and shotguns will be signed out through each shift OIC.- assigned out, currently documented in vehicle inspections screen

8.      Prior to their initial assignment and at least annually, the department shall ensure that each officer receives training on the department’s use of force policies, and document receipt of same.

a.       All definitions contained in this policy will be included in said training.

b.      All officers shall receive and sign for the receipt of the department’s Use of Force Policy and any revisions thereto in hard copy or digital format.

B.     Parameters for use of Lethal Force

1.      A police officer is authorized to use lethal force in order to:

a.       Protect him/herself, another officer, or other person(s) when the officer has an objectively reasonable belief that an imminent threat of death or serious bodily injury exists to himself/herself, another officer or other person.

b.      To prevent the escape of a fleeing subject when the officer has probable cause

to believe that the person has committed, or intends to commit, a felony involving serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to the officer or another if the subject is not immediately apprehended.

2.      Where feasible, police officers will identify themselves as a police officer and state their intent to use lethal force.

3.      Lethal Force Restrictions: Lethal force should not be used against persons whose actions are clearly a threat only to themselves or property.

4.      Police officers will adhere to the following restrictions:

a.       Except for maintenance or during training, police officers will not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the firearm in conformance with this policy.

b.      Warning shots are prohibited.

5.      Discharging a firearm from a moving vehicle shall be avoided. However, whenever a situation exists where an officer must consider discharging a firearm from a moving vehicle in order to stop an imminent threat of death or serious bodily injury to himself/herself or others, the use of lethal force by the officer must not constitute a greater hazard to the public than does the imminent threat, and must be the most reasonable course of action under the circumstances. Officers must weigh the need to use lethal force against the potential harm to innocent bystanders caused by such use.

6.      Discharging a firearm at a moving vehicle shall be avoided unless a person in the vehicle poses an imminent threat of death or serious bodily injury to the officer or another person. Officers shall avoid intentionally placing themselves in a position where a vehicle may be used against them. Escape from the path of an oncoming vehicle should be considered prior to, or in lieu of, the implementation of lethal force whenever escape is possible. However, whenever a situation exists where an officer must consider discharging a firearm at a moving vehicle in order to stop an imminent threat of death or serious bodily injury to himself/herself or others, the use of lethal force by the officer must not constitute a greater hazard to the public than does the imminent threat, and must be the most reasonable course of action under the circumstances. Officers must weigh the need to use lethal force against the potential harm to innocent bystanders caused by such use.

7.      In both sections 5 and 6 above, the officer’s focus will be to stop that person presenting the imminent threat, and not to disable the vehicle of which the suspect is an occupant. (This provision will not preclude tactical responses in a tactical operation.)

8.      A police officer may also discharge a firearm to euthanize an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured.

 

C.     Parameters for Use of Less Lethal Force

1.      Less Lethal Force Options:

The level of force used by an officer is directly related to the facts and circumstances encountered by that officer. Force options currently available to officers include, but are not limited to:

Command Presence - An officer’s appearance, which may be enough to dissuade some persons from engaging in resistive behavior.

Verbal Commands - Dialogue used by an officer, which can serve to diffuse potentially violent situations.

Physical Skills - Physical techniques used by an officer to control potentially violent situations.

Chemical Spray - Used in compliance with Standing Order 410.02 entitled “Oleoresin Capsicum (OC) Spray”

Conducted Electrical Weapons (CEW) - Used in compliance with Standing Order 410.04 entitled “Conducted Electrical Weapon (CEW/Taser)”.

Police Canine – Used in compliance with Operational Policy 430.11 entitle “Patrol Canine Team”.

2.      Police officers are authorized to use department-approved less lethal force options to accomplish lawful objectives, as follows:

a.       To protect themselves or another from physical harm.

b.      To restrain or subdue a resistant individual.

c.       To bring an unlawful situation safely and effectively under control.

d.      To maintain control of a person or situation.

3.      It is not the intent of this policy to direct officers to try each of the force options before moving to another. Officers may employ that force option which they believe is objectively reasonable to accomplish lawful objectives.

4.      Choke holds and vascular neck restraints are prohibited unless lethal force is authorized.

5.      It is understood that when requesting mutual aid assistance, the available force options of the responding agency may differ from those of the requesting agency. Officers shall be subject to the policies and procedures of their employing agencies at all times.

6.      Authorized less lethal options are those with which the police officer has received department approved training on proper and safe usage.

7.      Nothing contained in this section limits an officer’s ability to use those means objectively reasonable for self-defense, or to accomplish lawful objectives, including but not limited to items of opportunity.

D.     Training and Qualifications Regarding Lethal Force - Firearms

1.      While on duty, police officers will carry and use only firearms and ammunition authorized by and documented with the department’s Range Supervisor.

2.      At least annually and in accordance with Rhode Island General Laws, the department shall conduct training and qualifications for all department authorized duty firearms to include specialized firearms. This training will be graded and documented on a pass/fail basis by a certified firearms instructor. Through this training, officers must attain and demonstrate knowledge of the laws concerning the use of authorized weapons and knowledge of agency policy on the use of force, escalating force and deadly force. Authorized firearms are those with which the police officer has qualified and received departmental training on proper and safe usage, and that are documented, and comply with departmental specifications. (See SKPD Standing Order 410.05 Weapons: Caliber, Ammunition & Safety.)

3.      The department shall have a separate policy addressing the authorization of duty, off-duty and specialized firearms, weapons, and ammunition.

4.      Unsafe or defective department-issued firearms shall be replaced or repaired. 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.      All recent hires of the department shall be qualified by the hiring agencies certified firearms instructor using that agency’s POST certified qualification course. This qualification shall take place prior to the officer carrying their department authorized duty firearms in any official capacity.

6.      Police officers who are unable to qualify with their duty firearm(s), in accordance with department testing procedures will be given remedial training by the department’s authorized certified firearms instructor.

a.       Upon successful completion of this training, the officer will be retested.

b.      If after a second attempt the officer does not qualify, a report will be forwarded to the Chief of Police by the department’s authorized and certified firearms instructor.

c.       The Chief of Police will then take such action as he/she deems necessary and not inconsistent with this policy.

7.      A police officer will not be authorized to carry or use any duty firearm which he/she has not been able to qualify with during the department’s most recent qualification period.

8.      A police officer who has suffered an illness, injury or absence that could affect his/her ability to use a department authorized firearm will be required to requalify before returning to enforcement duties.

9.      Officers who carry personally owned firearms and ammunition off-duty must have said firearms and ammunition authorized by the department and, at least annually, demonstrate proficiency and safe handling techniques to a department certified firearms instructor.

10.  On an annual basis, and in accordance with RIGL §11-47-15.3, the Chief of Police, or designee, will submit to the Rhode Island POST a proposal for the training and qualification of sworn officers on all firearms they are authorized to carry or use inthe performance of their official duties. A copy of the approval (or denial) of this proposal will be kept in the Training Office.

11.  Officers will receive instruction on the use of and be issued any policy concerning an authorized weapon prior to the issuance of the weapon. Recruits entering the RI Municipal Police Academy may be issued weapons prior to instruction in the academy, but are not authorized to use said weapons unless with academy staff/instructors or until graduation from the academy. Both instruction and issuance of the policy, as well as subsequent policy revisions, will be documented.

E.     Training and Qualifications Regarding Less Lethal Force

1.      At least biennially, each sworn officer is required to demonstrate proficiency with department approved less lethal force options, which he/she is authorized to use. CEW training/recertification will be conducted annually. Proficiency standards are established as follows:

a.       Attainment of minimum qualification requirements in accordance with performance standards as determined by current training doctrine, methods, or trends;

b.      Proper demonstration of recognized physical skills; and

c.       Demonstrated knowledge of department policies pertaining to the use of less lethal force options.

2.      The program of instruction will be conducted by a qualified instructor who has achieved and maintained certification in the respective less lethal force options(s).

3.      The Training Officer will maintain training documentation to include lesson plans, attendance sheets, and proficiency records.

4.      Proficiency standards shall be satisfied prior to an officer being authorized to carry and/or utilize the less lethal force option(s).

5.      Police officers who are unable to show proficiency with a less lethal force option in accordance with department testing procedures will be given remedial training by the department’s less lethal force training instructor.

a.       Upon successful completion of this training, the officer will be retested.

b.      If after a second attempt the officer does not evidence proficiency, a report will be forwarded to the chief of Police by the department’s less lethal force training instructor.

c.       The Chief of Police will then take such action as he/she deems necessary and not inconsistent with this policy.

F.      Reporting Uses of Force

1.      A reportable use of force is defined as any incident in which a sworn department member exercises his/her police powers and uses a force option except for those actions set forth in Subsection 3 below.

2.      Reportable uses of force also include:

a.       Drawing and pointing a firearm or CEW at a person for the purpose of obtaining and/or maintaining control of that person. Taking an action that results in, or is alleged to have resulted in, either injury to or the death of another person.

b.      A lethal or a less-lethal force option used on a person

3.      Exceptions to reportable force:

a.       command presence;

b.      verbal commands;

c.       physical skills which do not result in injury, the appearance of injury or complaint of pain, (ex. Soft empty-hand control techniques);

d.      compliance handcuffing which does not result in injury, the appearance of injury, or the complaint of pain.

4.      Officers will notify a supervisor who is not involved in the incident without unnecessary delay and in accordance with department policy whenever a reportable use of force incident occurs either on-duty or off-duty.

5.      An officer who has used force shall articulate in writing the force used and the facts, circumstances, and reasons for the use of said force.

6.      All reportable uses of force resulting in death, serious bodily injury, or allegations of serious bodily injury shall be investigated by trained personnel.

All other reportable uses of force shall undergo a documented initial review by the officer’s immediate supervisor. Said documentation shall be forwarded through the chain of command for administrative review and to determine whether further action, including but not limited to follow-up investigation is necessary.

7.      Where officers respond to an incident involving a reportable use of force, a “Response to Resistance / Non-Compliance” form must be completed for that incident setting forth the specific use of force actions taken by each officer. Each officer who uses reportable force must complete a ‘Response to Resistance / Non- Compliance’ form. These forms will be submitted to the Captain of Professional Standards through the chain of command.

8.      In lieu of a ‘Response to Resistance / Non-Compliance’ form, an officer shall be required to prepare a written report in accordance with departmental procedures whenever any of the following actions have occurred:

a.       The officer discharges a firearm under circumstances that are not otherwise classified as a reportable use of force, except for those times when said discharge occurs either during a weapons training or during lawful recreational activities where no report is necessary.

b.      The officer discharges a firearm to euthanize an animal, as set forth in Section IV (B)(8) of this policy. – Offs. Currently not creating OF for euthanized animals, do we want to keep this in?

G.     Departmental Response

1.      Use of Force resulting in death or serious bodily injury:

a.       In accordance with the Rhode Island Attorney General’s Protocols, all police incidents involving the use of deadly force, excessive force and custodial

deaths will be reported to the Attorney General’s office for review.

b.      Where a police officer's use of force causes death or serious bodily injury, the officer will be placed on a non-punitive administrative leave pending completion of an administrative review, and until a post-incident evaluation is conducted by a licensed mental health professional preferably experienced in working with law enforcement personnel.

c.       The department will conduct both an administrative and criminal investigation of the incident.

2.      Allegations of excessive use of force shall be reported by memo to the Captain of Operations.

3.      FBI’s CJIS National Use of Force Data Collection*

a.       Any use of force meeting the following criteria shall be reported to the CJIS database:

1)      Force resulting in death or serious bodily injury to a person; or

2)      Where an officer discharges a firearm at or in the direction of a person.

3)      Where in a given month there are no use of force incidents meeting this criteria, the department shall make a report of “0” incidents in the CJIS database.

*Use for Force Reporting only applies to law enforcement agencies with valid UCR reporting capabilities.

4.      Administrative review of use of force incidents:

a.       All reported uses of force will be reviewed by the Squad Commander to determine whether:

1)      Departmental rules, policy, or procedures were violated.

2)      The relevant policy was clearly understandable and effective to cover the situation.

3)      If department training is currently adequate.

4)      If department equipment needs to be addressed

b.      Each review will be documented and the reports will be forwarded to and retained by the Administrative Captain.

c.       All findings of policy violations or training inadequacies shall be reported to the appropriate unit for resolution and/or discipline.

5.      All Use of Force reports will be retained as required by department policy. There will be a documented annual analysis of those reports required under Section IV (F), (2) and (3) of this policy by the Administrative Captain.

6.      The analysis shall, at a minimum, identify the following:

a.       Date and time of incidents;

b.      Types of encounters resulting in use of force;

c.       Trends or patterns related to race, age and gender;

d.      Trends or patterns resulting in injury to any person; and

e.       Impact of findings on policies, practices, equipment, and training

7.      Each calendar year an annual summary report of this analysis will be made available to the public.

By Order of:

 

Matthew C. Moynihan Chief of Police

 

 

 

State of Rhode Island and Providence Plantations OFFICE OF THE ATTORNEY GENERAL

Peter F. Neronha, Attorney General

 

THE ATTORNEY GENERAL'S PROTOCOL FOR THE REVIEW OF INCIDENTS INVOLVING THE USE OF DEADLY FORCE, EXCESSIVE FORCE AND CUSTODIAL DEATHS

 

June 17, 2020

 

 

BACKGROUND

 

It has been the long-standing practice in this State that when a police officer uses deadly force, or where there has been a custodial death, the law enforcement agency reports the incident to the Office of the Attorney General for review and joint investigation. This Protocol updates and expands upon the Attorney General's Protocol Regarding The Review Of Incidents Involving The Use of Deadly Force and Custodial Death (last revised in 2007). It is designed to promote greater uniformity, accountability and impartiality in the investigation of police use-of-force incidents where deadly force was employed, where there has been an allegation of excessive use of force by police, and where a custodial death occurs. It is applicable to all Rhode Island state and municipal law enforcement agencies. For convenience, the terms "police officer" and "police department" are used in this Protocol.

 

A police officer's use of deadly force, alleged use of excessive force and the death of a person in police custody are some of the most sensitive matters that law enforcement agencies investigate. These investigations frequently pose complex factual and legal issues and are closely followed by the public we serve. It is critical that the public have confidence that when police use force, and deadly force in particular, that that use of force was reasonable and lawful. This Protocol sets forth the policies and practices of the Office of the Attorney General for the investigation of deadly force and custodial death incidents and for the investigation of allegations of the use of excessive force. It also provides guidance on potential Garrity issues.

 

USE OF THE PROTOCOL

 

The Protocol shall be followed whenever:

 

A police officer uses deadly force, whether or not death or injury of any person results.

 

A person dies while in police custody or dies during the apprehension or attempted apprehension of a person.

 

A police officer uses less than deadly force that results in serious bodily injury to any person.'

 

A police department receives a complaint alleging that a police officer used excessive force during his/her interaction with a person, and there is evidence, including but not limited to video or other electronic evidence, to warrant additional investigation.

 

This Protocol may also be followed:

 

Whenever a person dies or is injured as a result of a police interaction even if the police did not intentionally use force or deadly force. For example, motor vehicle accidents involving the police where there is a fatality or serious injury.

 

In any situation, not explicitly addressed above, where the police department and the Attorney General jointly agree that review by the Attorney General would be in the public interest.

 

OBLIGATIONS OF THE EMPLOYING POLICE DEPARTMENT

 

The police department employing the police officer whose action prompts the application of this Protocol ("Employing Police Department") shall immediately notify the Office of the Attorney General (after hours, an Assistant Attorney General may be reached through the Bureau of Criminal Identification at 401-732-7629) and, in situations involving the use of deadly force or a custodial death, the Rhode Island State Police (401-444-1000). Where the action of a member of the Rhode Island State Police prompts the application of this Protocol, notification shall include the police department of the city or town where the action occurred.

 

The Employing Police Department shall limit the investigative steps taken prior to assembly of the multi-agency investigative team (see "Investigative Team" section below) to those measures necessary to secure the scene, preserve evidence, identify witnesses, and any other measures necessary to address exigent circumstances.

The Employing Police Department shall immediately collect, preserve, and turn over to the multi-agency investigative team all video and audio recordings that pertain to the incident in question. Any public release of video and audio recordings in the possession of law enforcement shall be done in accordance with the law and in a manner that preserves the integrity of the criminal investigation, protects the rights of the accused, and respects the privacy of civilians captured on the recording. Absent extraordinary circumstances, video and audio recordings should not be released until all witness statements have been collected and the criminal investigation has concluded.

 

The Chief of Police of the Employing Police Department, or, where the matter involves the conduct of a member of the Rhode Island State Police, the Colonel of the State Police, shall serve as the primary point of contact for media inquiries, coordinating all responses with the Attorney General and other members of the multi-agency investigative team. The Chief of Police, or, where applicable, the Colonel of the State Police, may also refer such inquiries to the Attorney General.

 

ROLE OF THE ATTORNEY GENERAL

 

The Attorney General shall assign a senior prosecutor (or prosecutors) to work with and provide legal advice to investigators throughout the course of the investigation.

 

As a general rule, the Attorney General will present every police- involved use of force incident resulting in death or serious bodily injury to a grand jury for its review and consideration.

 

Incidents involving use of force that did not result in death or serious bodily injury and where the undisputed facts indicate that the use of force was objectively reasonable under the law may be concluded without a formal grand jury presentation.

 

The Attorney General may, however, present any matter to a grand jury where doing so is necessary to obtain evidence, develop the testimony of witnesses, and otherwise conduct a full and complete investigation.

 

INVESTIGATIVE TEAM

 

Matters Involving the Use of Deadly Force and Custodial Death

 

Where a police officer uses deadly force, regardless of whether death or injury results, or where a person dies in police custody or during apprehension or attempted apprehension by police, the investigative team will be comprised of members of the Attorney General's Office, the Rhode Island State Police and the Employing Police Department.

 

Where a member of the Rhode Island State Police uses deadly force, regardless of whether death or injury results, or where a person dies in State Police custody or during apprehension or attempted apprehension by the State Police, the investigative team will be comprised of the Attorney General's Office, the Rhode Island State Police, and the municipal police department of the city or town where the incident occurred.

 

The investigative team will respond to the scene immediately after notification of the incident initiating application of this Protocol.

 

Matters Involving Less than Deadly Force and Allegations of Excessive Use of Force

 

Whenever a police officer uses less than deadly force that results in serious bodily injury to a person, or is alleged to have used excessive force and the evidence supporting such allegation, including but not limited to video or other electronic evidence is sufficient to warrant additional investigation, the Employing Police Department shall:

 

•     Promptly notify the Attorney General; and

•     Provide the Office of the Attorney General with copies of all non-compelled statements and any other evidence pertaining to the matter.

 

The Attorney General and the Employing Police Department will jointly review the evidence pertaining to the matter and pursue any follow up investigation as necessary. It is strongly preferable that members of the Employing Police Department's Professional Standards Unit or equivalent be assigned to the investigation.

 

The Attorney General will determine whether criminal charges are appropriate, and, if charges are appropriate, the nature of such charges, including whether the appropriate charge or charges constitute a misdemeanor or felony or both. The Attorney General will determine whether presentation to a grand jury is necessary to obtain additional evidence or develop the testimony of witnesses.

GARRITY ISSUES

 

Pursuant to the United States Supreme Court's decision in Garrity

v. New Jersey, 385 ^-U.S. 493 (1967), when a police officer is compelled by a supervisor to make a statement in the course of an administrative or internal investigation or face termination, such statement and any evidence derived from that statement cannot be used in any subsequent criminal investigation or prosecution of that officer.

 

If a police officer agrees to provide a voluntary statement, the officer's statement may be shared with all investigators and prosecutors assigned to the matter.

 

If an officer is not willing to provide a voluntary statement, the investigative team, in consultation with the Attorney General, must determine whether a statement should be compelled by a supervisor. If the decision is to compel a statement, under Garrity, his or her statement and evidence derived from that statement cannot be used in any subsequent prosecution. Accordingly, under these circumstances, the investigative and prosecution team must be divided into two groups. The first group will be allowed access to the compelled statement and any evidence obtained as a result. The second group must be walled off from the contents of any compelled statement and the evidence derived from such statement.

 

The first group will be assigned to investigate any administrative and departmental violations allegedly committed by the police officer providing the compelled statement. They may also participate in the criminal investigation and/or prosecution of any other individual, including a police officer, whose statement was not compelled.

 

The second group will be assigned to pursue the criminal investigation and/or prosecution of any officer whose statement was compelled.

 

 

 

PETER F. NERONHA ATTORNEY GENERAL

 

 

 

 

 

 

 

 

 

 

South Kingstown Police Department

1790 Kingstown Rd., Wakefield, RI  02879

 

 

 

      I.            PURPOSE

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.

 

   II.            POLICY

It is the policy of the South Kingstown Police Department to equip and train appropriate persons in the use of Oleoresin Capsicum spray as a use of force option.

 

III.            DEFINITION

Oleoresin Capsicum (OC) Spray - A less-than-lethal aerosol spray containing a solution of OC, a derivative of hot peppers, which affects the mucous membranes, eyes, and respiratory system.

 

IV.            PROCEDURE

Officers will undergo certified training prior to carrying and using OC spray.

A.    Use of OC spray:

1.      OC spray will be utilized by officers only:

a.       In self-defense or defense of another.

 

b.      When necessary to subdue a person physically resisting arrest.

c.       To deter or restrain persons physically violent to themselves or others or those engaged in riotous conduct.

d.      When a police officer or citizen is threatened with attack or under attack by an animal.

2.      OC spray will be used accordance with SKPD Standing Order 410.01 Lethal & Less Lethal Force.

3.      OC spray will not be used by officers:

a.       When such use will result in direct exposure to innocent bystanders or other police officers, except when the safety of the officer is in jeopardy.

b.      If the officer has not received certified approved training.

4.      Whenever an officer uses OC spray, the OIC will be notified and its use and the reason for its use will be documented in the officer’s police report and the department’s Response to Resistance report.

 

B.     Use of OC Spray in Cell Block and Booking/Detention Area

1.      OC spray may be used upon a prisoner in a cell when the subject is behaving in a violent manner and injuring him/herself and must be restrained.

2.      OC spray may be used on a prisoner when the cell is damaged or has malfunctioned and the prisoner must be removed but is physically violent and a danger to officers.

 

C.     Delivery of OC Spray

1.      OC spray is an aerosol spray, which emits a stream or cone shaped mist, which is propelled for a distance of several feet in calm conditions.  The normal reactionary gap is four (4) to six (6) feet from the subject; however, there is no required minimum distance at which it can be used.  OC spray must be sprayed directly into the subject’s face.  A one (1) to two (2) second burst is sufficient to disable the most determined attacker.  Once resistance from the attacker stops, the use of OC spray must stop.  Once the individual is controlled, he should be ground stabilized and handcuffed.

2.      If the control is not gained with the use of OC spray, then the officer must reevaluate the situation and either disengage or escalate the level of force to meet the subject’s resistance.

3.      The officer must exercise caution when deciding to utilize OC spray in that he /she must not contaminate fellow officers or bystanders.  The officer should warn fellow officers and bystanders before using OC spray.

4.      In the event that an innocent bystander should become contaminated, the officer should reassure the individual that the effects are only temporary and medical attention should be summoned.  The officer should obtain data on such bystanders and include the data in his/her report.

5.      OC spray has been found to be effective on subjects who are intoxicated, under the influence of narcotics or drugs, mentally unstable subjects, and animals.

6.      When OC spray is used on a person suspected of Driving While Intoxicated, a breathalyzer test may not be given.  Other credible evidence will be necessary to sustain a DUI charge and a blood test may be utilized.  This is still the case with non-alcohol based OC spray.

 

D.    After Use Care of Exposed Subject

1.      An arrested person must be verbally reassured that they are safe and all right.  They must be told to calm down, breathe normally and obey all police directions and commands.

2.      Once an individual has been controlled with OC Spray and removed from exposed air, the officer should be sure that the individual is not wet with OC spray; otherwise the officer or cruiser may be affected.  Drying is very quick and normally occurs before the individual reaches the police cruiser.  Once in the detention area, if aggressive behavior has stopped, allow the individual to splash cool water in his face to quicken recovery.

3.      The OIC will ensure that the exposed subject is monitored for a minimum of 45 minutes after arrival at the detention area to ensure cessation of all symptoms.  See Section IV, E:  Symptoms of OC Spray Exposure.

4.      If symptoms persist after 45 minutes, the OIC will ensure the subject receives medical treatment.

5.      The OIC may acquire medical treatment at any time when it is believed the subject requires greater care than water irrigation.

6.      Particular attention will be given to those subjects known to suffer from pulmonary disease, asthma, allergies, or other problems, which may be exacerbated by exposure.

 

E.     Symptoms of OC Spray Exposure

1.      Dilates the capillaries of the eyes causing immediate, temporary closing of the eyes.

2.      Causes swelling of the mucous membranes of the respiratory system and induces temporary uncontrolled coughing, gasping, gagging.

3.      May induce temporary nausea.

4.      Produce temporary loss of muscular strength and coordination.

5.      Symptoms normally disappear in 30 to 40 minutes.

 

F.      Issuance and Replacement of OC Spray

1.      Officer’s initial issue of OC spray will be upon entrance to the RI Municipal Police Academy or upon hire should he or she have already successfully attended the academy.

2.      OC spray will be reviewed, inspected and approved by a certified OC instructor prior to issuance.

3.      OC spray will be kept secured in its holder and on the officer’s duty belt or load bearing vest, or in a secure, non-public location.

4.      OC spray will be replaced by a Supervisor, at the time of expiration, after complete discharge, during retraining or after discovery of malfunction.  Replacements are located in the Patrol Lieutenant’s office.

5.      The officer in possession of the OC spray is responsible for periodically checking the expiration date and for damage.  If the OC spray is expired, or should the OC spray appear damaged or inoperable, the officer will request a replacement from his or her supervisor. 

6.      Only department issued OC spray will be used by an officer.

 

 

By Order of:

 

 

 

Matthew C. Moynihan

Chief of Police

 

 

 

 

 

 

 

South Kingstown Police Department

1790 Kingstown Rd., Wakefield, RI  02879

 

 

 

A.                PURPOSE

The purpose of this policy is to set forth guidelines in the use of the baton as a use of less-lethal force.

 

B.                 POLICY

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.

 

C.                PROCEDURE

A.  Authorized Baton and Issuance

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 reviewed, inspected and approved by a certified baton instructor prior to issuance.

5.   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.

6.   An officer who feels his or her baton is damaged or inoperable will request a replacement through his or her supervisor.

B.  Baton Usage

1.   The baton will be used in accordance with SKPD Standing Order 410.01 Lethal & Less Lethal Force.

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: 

-          Head

-          Neck

-          Spine

-          Sternum

-          Groin

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.

 

By Order of:

 

 

 

Joel J. Ewing-Chow

Interim Chief of Police

 

 

 

South Kingstown Police Department

1790 KINGSTOWN RD., WAKEFIELD, RI 02879

 

 

 

 

I.                  PURPOSE

 

The purpose of this policy is to regulate authorized weapons and ammunition for on and off-duty use. The purpose of this policy is to provide for the type and specification of the department-issued handgun, the types and specifications of ammunition approved for use, and to identify the procedures for review, inspection, and approval of department-issued handguns. Also, this policy will explain the process of how to remove unsafe weapons, the procedure for maintaining a record on department-issued handguns, the in-service training requirements, and define the proficiency required to carry and use the department-issued handgun.

 

II.               POLICY

 

It shall be the policy of the South Kingstown Police Department that all full-time sworn personnel who are issued handguns are familiar with and abide by this directive.

 

III.           PROCEDURE

A.     Duty Weapons - Lethal

1.       The department issued handgun, the SIG Sauer P-320 9mm, is the only authorized handgun for on-duty patrol carry and use. Other approved weapons may be authorized for on-duty, plain clothes wear, with prior approval from the Chief of Police.

 

2.       The department-provided patrol rifle, the Tactical CAR A4, .223 caliber, may be used on patrol by officers who have qualified to use this patrol rifle.

3.      The department-provided shotgun, the Mossberg military 590, 12 gauge, may be used on patrol by officers who have been trained in the use of this shotgun and have shown proficiency in annual in-service training. An officer may carry their personal rifle if they have qualified with it annually and if its use has been approved by the Chief of Police or their designee.

4.       The range Supervisor will issue duty handguns. The officer’s name and the handgun's serial number will be logged and kept on file with the range Supervisor and the office of the Chief of Police.

B.     

2.17e

Duty Weapons – Less Lethal

1.       The only less lethal weapons approved for on-duty carry and use are department-issued OC spray 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 outlined in SKPD 410.01, Lethal & Less Lethal Force.

C.      Off-Duty Weapons - Lethal

1.       Officers are authorized but not obligated to carry their department-issued or authorized handguns 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 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, unless working in an undercover capacity.

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 to carry.

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 caliber of patrol rifle ammunition is 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.      Training and Qualifications

1.       Under R.I.G.L., all sworn, full-time members of the department will qualify at least once annually. The course of fire used for this qualification will be designed to suit the needs of this department and approved by the Rhode Island Police Officers Standards and Training (RIPOST) and shall include training and qualification in the following areas:

•         Decision shooting.

•         Reduced lighting shooting.

•         Moving targets.

•         Use of cover.

•         Non-dominant hand shooting.

•         Alternate position shooting.

•         Reloading drills.

•         Malfunction drills.

2.       Qualifications will be pass or fail. If a weapon or carry system varies from the standard department issue, officers will be required to train and qualify with this equipment.

3.      

2.17c

An officer’s duty weapon and its ammunition must be presented to a certified firearms instructor or armorer during the annual department firearms training session. The firearms instructor or armorer shall perform a documented safety inspection of the sidearm and ammunition for serviceability and functionality.   We can add inspection of ammunition, but this is above the RIPAC standard and we will have to prove it. Instances of offs. Issued more ammo, (putting down deer etc.) we would have to document an inspection.

4.       If an officer cannot pass a qualification session satisfactorily, the certified instructor performing the qualification will attempt to assess any deficiencies. The officer will be allowed to re-qualify one time. In the event the officer cannot qualify the second time, their duty weapon will be taken, and the officer’s duties will be adjusted until they successfully qualify.

5.       All training and qualification functions will be designed by the department armors/firearms instructors and approved by the Chief of Police. Records of all qualification and training sessions will be maintained in the armory files.

F.      Inspection and Removal of Weapons from Service

1.       All weapons approved for on-duty, off-duty, and backup use will be submitted to a certified firearms instructor or armorer for inspection. In the case of less-lethal weapons, all approved weapons will be inspected before initial issuance and upon replacement. This inspection will be to ensure the weapon is serviceable, in a safe operating condition, and of an authorized type/caliber.

2.       When a duty weapon fails inspection, the range officer or armorer will advise the officer and provide written notice to the Operations Captain of the failure. The officer will not utilize the weapon until deficiencies are corrected. The Operations Captain or his designee will provide an officer with a serviceable duty weapon in the event of an inspection failure to utilize it for duty purposes.

3.       When an off-duty or backup weapon fails inspection, the range officer or armorer will advise the officer and provide written notice to the Operations Captain of the failure. The officer will not utilize the weapon until any deficiencies are corrected.

4.       If a sidearm fails the inspection, it may be resubmitted for re-inspection once the necessary repairs have been completed (at the officer’s expense in the case of personally owned weapons). Meanwhile, if currently registered, the weapon shall be removed from the officer’s list of authorized weapons.

G.     Safety

1.       Department patrol rifles, shotguns and Tasers® will be kept secured in a gun locker. 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 incompliance 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.

H.     Weapons Clearing Traps

These devices are designed to safely contain any projectile up to a 30.6 rifle round and are the only areas within the Public Safety Complex where loading or unloading firearms is authorized. Weapons will not be loaded or unloaded in locker rooms, the armory, or any other locations in the department aside from the traps.

a.       The department has two traps: one outside the South Entrance and one in the garage by the weapons cleaning station.

 

b.      The traps will not be used to test-fire any weapon at any time.

c.       Any weapon brought into the Public Safety Complex that has not been cleared will be placed muzzle first into a trap before the clearing process is initiated. This includes firearms seized as evidence or safekeeping.

d.      Department members unloading any weapon for the purpose of cleaning or maintenance will first unload the weapon and upon completion will reload the weapon using a trap.

e.       Any shotgun or rifle to be used on patrol will be cleared into a trap before being loaded, as well as upon being unloaded at the end for a shift.

 

By Order of:

 

 

 

Matthew C. Moynihan Chief of Police

 

 

 

 

 

 

South Kingstown Police Department

1790 Kingstown Rd., Wakefield, RI 02879

 

 

I.                  PURPOSE

The purpose of this policy is to maintain uniformity in department sanctioned uniforms and the appearance thereof to insure and promote a professional image throughout the community.  The department uniform should be immediately recognizable within the community and establish a sense of pride in those being served by South Kingstown officers.

 

II.               POLICY

It is the policy of the South Kingstown Police Department that the official uniform will conform to such styles, color, and materials as prescribed by the Chief of Police.  All items worn are to be department issued or authorized (to include footwear) and must be maintained and, where applicable, polished (shoes, keepers, belt buckles, etc…)

 

III.           DEFINITIONS

Bike Patrol Uniform – shall consist of a bike patrol shirt, bike shorts or pants, duty belt and black sneakers.

Business Attire – for men, shall consist of a jacket, tie and dress slacks; for women, will consist of dress slacks and blazer, dress, or pant suit/dress suit.

Class A Uniform – shall consist of uniform hat, button-down style uniform shirt, uniform pants, duty belt and footwear.

 

Class B Uniform – shall consist of vest carrier, armor-skin style shirt, uniform pants, duty belt and footwear.

Class C Uniform – shall consist of an approved navy polo with the SKPD patch on the chest, approved navy pants, duty belt, and footwear.

Detail Uniform – shall consist of baseball style uniform hat, high visibility shirt, black pants, duty belt and footwear.

Honor Guard Uniform – shall consist of uniform hat, dress blouse, breeches-style pants, motorcycle boots, gauntlet gloves, duty belt and cross strap.

K9 Officer Uniform -  as approved by the Chief.

IV.    PROCEDURE

Uniform Specifications

1.      No officer will wear a uniform or any of its parts that does not meet with the South Kingstown Police Department’s uniform specifications with no exceptions unless authorized by the Chief of Police.

2.      Officers will not alter uniforms in any manner not consistent with this uniform policy.

3.      South Kingstown Police uniform specifications referenced herein are filed in the office of the Chief of Police.

Wearing of Uniform

1.      Officers while on duty and extra duty details will wear the Class A or Class B uniform of the day, with no exceptions, unless authorized by the Chief of Police.  The exception being when officers are assigned to a plain-clothes assignment.

2.      Officers assigned to the School Resource Officer position will wear the Class C uniform, or other attire with approval of the Chief of Police.

3.      Officers working in Dispatch shall wear the Class A, B or C uniform.

4.      Officers working a traffic detail may wear the Detail uniform in place of the uniform of the day.

5.      Officers attending training shall wear the Class C uniform, uniform of the day or business attire, unless the training dictates alternate dress.

6.      The Chief of Police or Deputy Chief will determine the uniform required for attending formal events.

7.      The uniform will be kept clean, neatly pressed, and in good repair at all times.

8.      Long-sleeved shirts shall be fully buttoned, with the uniform tie.  Alternately, the long-sleeved shirt can be worn with the turtleneck, with the top button left unbuttoned.  The top button of the summer uniform short-sleeved shirt is not buttoned.

9.      Jackets shall be department issued or approved and be worn neatly.

10.  The uniform tie will be worn with the Class A uniform and will either be tucked into the shirt in a military fashion, or worn outside the shirt with a department issued tie clip.  Those in business attire will a tie tack or clip that is professional and non-offensive in nature.

11.  The uniform hat will be worn in military fashion.

a.       The uniform hat will be worn at all times when outdoors.

b.      The uniform hat must be in possession of officers at all times unless deemed prohibitive due to exigent circumstances.

12.  Neither the uniform nor any of its parts will be worn by officers of the department in the following circumstances:

a.       Outside employment that is not an official, police detail;

b.      Social functions, unless the wearer is representing the police department and has permission from the Chief of Police;

c.       While consuming alcoholic beverages or frequenting establishments that serve intoxicating liquor while not on official duty.

Detective Division

The detective division and any member who is temporarily assigned to that division will wear business attire, or Class C uniform when approved by the Detective Commander.

Administrative Division

Officers assigned to the administrative position may wear the Class A, B, C uniform or business attire, as determined by the Chief of Police or Deputy Chief.

General Uniform Regulations

1.      Colors and styles will be determined by the Chief of Police and conform to specifications.

2.      The department issued duty belt is black leather.  Nylon duty gear may be authorized for medical considerations when documented by a physician.

3.      All officers wearing the Class A uniform shall wear department issued badge, keepers and belt buckles consistent with their rank.

4.      The police badge will be worn on the left breast and on the outermost garment.

a.       All ranking officers will be issued a gold finish badge.

b.      All officers will visibly wear their badge while wearing the firearm uncovered.

5.      Officers shall wear their identification numbers and authorized number boards over the right side of their uniform shirts.

6.      Seniority hashmarks will be worn on the left sleeve above the cuff on the Class A long sleeve shirt.  Each hashmark represents three (3) years of police service completed with this Town.

7.      Awards and insignias will be worn in the following manner, on the Class A uniform:

a.       Rank insignias – Lieutenants and above will wear gold rank insignias on the epaulet, centered ¾” from the should / sleeve seam, parallel to the seam.

b.      Miscellaneous insignias authorized by the Chief of Police (expert shooter, FTO, K9 pins, etc…) will be worn above the right pocket.

c.       Individual awards obtained by officers through this department may be worn on the left side of the Class A uniform, above the badge.  Certain individual awards obtained through military service may be worn as authorized by the Chief of Police.  No other insignias or decorations will be worn on any part of the uniform without the permission of the Chief of Police.

d.      Department issued tie clips will be worn with the Class A uniform.  Those in business attire will wear a tie tack or clip that is professional and non-offensive in nature.

e.       Officers holding the rank of Sergeant and above, wearing the Class B uniform shall wear gold rank insignia on the collar, centered on the midline 1” from the tip of the collar.  Those wearing the Class C uniform may wear the insignia, in the same manner. 

8.      Uniformed officers will wear department issued footwear to include low cut shoes or boots.  Sneaker type shoes will not be permitted unless approved by the Chief of Police for medical considerations, or when assigned to Bike Patrol.  Footwear must be black, polished and void of any defects.

When wearing low cut shoes, socks must be solid black or navy blue in color.

9.      Officers shall always maintain possession of their issued police badge, identification credentials and issued firearm.  It is a direct violation of this protocol for any officer to loan and/or permit any nonmember of the department to take possession of their issued badge, identification, weapon, or any issued article of their uniform.

 

Uniform Changeover

1.      The ‘winter’ to ‘summer’ changeover will take place during the month of May each year.  The entire department will make the change on the same day so that all officers will be wearing the uniform of the day.  The ‘summer’ to ‘winter’ changeover will take place during the month of October each year.  The Chief of Police or Deputy Chief will announce the date of changeover through email notification.

a.       ‘Summer’ uniforms will consist of uniform pants and a short-sleeved shirt. 

b.      Undershirts worn with the Class A shirt will not be visible.  Those worn with the Class B or C uniform will be white or navy blue.

c.       ‘Winter’ uniforms will consist of uniform pants and a long-sleeved navy shirt.  Officers wearing the Class B or C uniform may wear an issued winter knit hat, with approval from the shift OIC.

1.)    A turtleneck may be worn with the Class B or C long sleeve shirt; or with the issued sweater, in place of the uniform shirt.

2.)    The neck of the turtleneck must be full-length; no mock turtlenecks are permitted.  It must be black in color with 1” white “SKPD” embroidered on the left front of the neck area.  No other turtleneck is acceptable; no turtleneck with a logo is permitted.  Turtlenecks are not issued items and, if worn, must be purchased at the officer’s expense.

d.   When officers are engaged in traffic control, whether on regular duty or a traffic detail, during the day or night, the department issued safety vest or straps are to be worn, if the Detail Uniform is not worn.

Uniform Option / Inclement Weather

1.      During extreme weather conditions (snowstorms, heavy rain, extreme cold, etc…) department issued snow or rain gear may be worn.

2.      The hood of the Blauer coat can only be attached to the coat during extreme weather conditions.

Grooming Standards

1.      Male officers

a.       Hairstyles will be conservative and evenly trimmed.  The hair will not extend downward at any point over the shirt collar at the back of the neck nor will it protrude in length more than one-quarter (1/4) inch over the top of the ears.

b.      Sideburns will be neatly trimmed and not excessively heavy or bushy.

c.       Facial hair is prohibited.

 

2.      Female officers

Will wear hair neatly in styles that do not extend below the bottom of the collar while in normal posture.  Longer hair may be worn in an upward sweep, bun or braided style above the top of the collar, and must be neat in appearance.

Jewelry

Officers may wear jewelry that is discrete, presentable and is in good taste.

1.      Males will not wear visible earrings or piercings while on duty except in an undercover capacity.

2.      Females may only wear post type earrings while on duty.  The wearing of dangling earrings is prohibited for safety reasons.

Tattoos

Visible tattoos on arms will be permitted and must be non-offensive in nature.  No other visible tattoos will be allowed without prior approval of the Chief of Police.

Court Appearances

Officers will wear either the Class A uniform or business attire, unless on shift, for all court appearances.

Personal Hygiene

Attention to personal hygiene is required of all department personnel while on duty, in uniform, or in official performance of their duties.

By Order of:

 

 

 

Matthew C. Moynihan

Chief of Police

 

 

 

 

 

Attachment A

 

Boards and Commissions Appointments Report

 

 

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Reappointments for terms to expire August 2024: Amy Crawford, Joshua White Port and Meghann Sparks wish to be reappointed. It is reported that Ms. Crawford and Mr. Port have attended 12 of 12 meetings, and Ms. Sparks has attended 18 of 21 meetings held during their current term (attendance as of 4/23/2024).

Vacancy: one term to expire August 2025 (George Helwig resigned)

Applicant: Darryl Geissler (applied 8/29/2023; interviewed 10/23/2023).

 

Bicycle – Pedestrian Advisory Committee (Minimum 5, maximum 9 members; 2 year term)

Vacancies: five terms to expire in July 2025 (David Hamel and James Vogel did not wish to be reappointed; Christopher Moore resigned; two additional open positions).

Applicant: David R. Stone (applied 7/16/2024)

 

Building Code/Minimum Housing Code Boards of Appeals (5 members; 5 year term)

Vacancy: one term to expire in June 2029 (Paul Schurman did not wish to be reappointed).

 

Conservation Commission (7 members; 3 year term)

Reappointments for terms to expire in September 2024. Margaret Clune wishes to be reappointed. Dennis John Bowman does not wish to be reappointed. It is reported that Ms. Clune has attended 6 of 6 meetings held during her current term (attendance as of 4/23/2024).

 

Economic Development Committee (11 members, 3 year term)

Vacancy: one term to expire in March 2027 (Larry Fish resigned).

 

Historic District Commission (7 members; 3 year term)

Reappointments for terms to expire in December 2024. Awaiting responses from David Nedwidek and Linda Stedman.

Vacancy: one term to expire in December 2026 (Andrew Martinez resigned)

 

Housing Authority (5 members; 5 year term)

Reappointment for a term to expire in October 2024. Awaiting response from Susana Vazquez McCoy.

Applicants: Lucienne Andrew (applied 10/23/2023; did not attend interview 2/12/2024); Gregory Jones (applied 10/27/2023; interviewed 2/12/2024); Peter Swain (applied 1/12/2024; interviewed 2/12/2024)

 

Library Board of Trustees (7 members; 3 year term)

Reappointment for a term to expire in July 2024: Hilary Carlson wishes to be reappointed (to be interviewed at a future meeting). It is reported that Ms. Carlson has attended 25 of 32 meetings held during her current term (attendance as of 7/15/2024).

Applicant: Lisa Wholey (applied 2/23/2024); Applicant: David R. Stone (applied 7/16/2024)

 

Planning Board (7 members; 3 year term)

Applicants: William Green (applied 2/12/2024; interviewed 3/11/2024); Michael Christy (applied 3/14/2024; interviewed 4/8/2024)

 

Route 1 Stewardship Plan Development Committee (8 members)

Vacancies: Economic Development Committee Ex-Officio Member and public member (Larry Fish does not wish to continue serving; Leslie Chouinard resigned)

Applicant: Rachel Littlefield (applied 6/6/2024)

 

Route 138 Reconstruction Project Area Committee (11 members; 2 year term)

Reappointments for terms expired in May 2023: Susan Spranger Axelrod, Dorald Beasley, Gail Faris, Thomas Marcello and William Rosen wish to be reappointed. Awaiting a response from Diane Johnson.

Vacancies: terms expired in May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-Officio member of Historic District Commission resigned; and URI representative)

 

Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)

Vacancy: Vietnam Veteran, term expires in January 2025 (Mark Spangler deceased)

 

Statistical Modeling and Analytics Research Tools (SMART) Committee (9 members)

Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)

 

Sustainability Committee (7 members)

Vacancy (Mark Kravatz resigned)

 

Waterfront Advisory Commission (7 members; 3 year term)

Reappointment for a term to expire in June 2024: Barry Gross wishes to be reappointed (to be interviewed at a future meeting. It is reported that Mr. Gross has attended 19 of 21 meetings held during his current term (attendance as of 2/8/2024).

 

Zoning Board of Review (5 members, 3 alternates; 3 year term)

Vacancy: Alternate #3 term to expire in March 2027 (William MacDonald promoted to Alt. #2)

Applicants: Robert Fetzer (applied 3/11/2024); Michael Christy (applied 3/14/2024; interviewed 4/8/2024)