LEGAL
through these circumstances in a way that builds better outcomes , preserves the authority necessary to serve our communities , and validates the dedication of the members of this profession . One of the clearest examples was the relentless leadership effort devoted to SB 230 and AB392 .
One of the extremely harmful aspects of what has progressed has been to disregard the devotion of so many members of law enforcement and their families . A stark demonstration of how this has occurred has been the purposeful attempts to reduce or eliminate the protections of qualified immunity . Qualified immunity is important because it helps provide an officer the assurance to act in volatile and dangerous circumstances . The doctrine attains a balance between upholding what has been determined under law but without unreasonably applying the law beyond the reach of “ clearly established ” decisions . Harlow v . Fitzgerald , 457 U . S . 800 , 102 S . Ct . 2727 ( 1982 ).
COVID-19 and everything happening across the profession threaten the confluence of an additional difficult set of circumstances . Valid training is almost invariably part of how we develop individuals , our organizations , and service to our communities . It is also a fundamental component of municipal litigation defense and seeking qualified immunity on behalf of our involved personnel . A significant disruption in revenue may challenge the level of training an organization is able to provide . Part of the purpose of this article is to continue to support the basis for Chiefs of Police and command staff to sustain this essential training . City of Canton v . Harris , 489 U . S . 378 , 109 S . Ct . 1197 ( 1989 )
One of the priorities we can take from this whole discussion and how we move forward is the criticality of our use of force review processes . To some extent , an involved officer may perceive this review mechanism as punitive in nature . In reality , the opposite is true . The review allows us to validate the many occasions officers have done the best they could in awful situations and that the department is aligned with the decisions they were forced to make . The review process also helps us shape our determination of where to direct scarce training resources or make policy adjustments . Very importantly , on those occasions where an officer may be overreaching or in some form of turmoil , it can create a means to intervene or correct conduct before an irrevocably damaging event takes place . This further illustrates the importance , particularly of our sergeants , in understanding the critical role field management personnel have in applying their professional judgment , overall awareness , and assessment to each occurrence they review .
If we look at the coming months through the lens of our experiences , we can discern how the best decisions for our communities to advance will arise out of being afforded inclusive unified public policy deliberation from all relevant entities and perspectives , whether functioning regionally or at the state level . This includes respect for the mandates and capacity of each service provider . The valuable contribution law enforcement can make to this process derives from the relationships agencies have with the communities they serve , a high level of situational awareness , and an understanding of the benefits and impacts of what is being decided . With these foundational ideas underpinning our decision-making processes , we will adapt and continue to provide outstanding services to the communities that we serve .
REFERENCES
1
Cal . Gov ' t Code § 8550 et seq .
2 https :// padailypost . com / 2020 / 05 / 21 / 1970-law-gives-newsomsweeping-powers-in-a-state-of-emergency-local-official-helpedwrite-the-law /
3
Cal . Gov ' t . Code § 8567
4 https :// www . gov . ca . gov / wp-content / uploads / 2020 / 03 / 3.19.20- attested-EO-N-33-20-COVID-19-HEALTH-ORDER . pdf
5 https :// www . jones-mayer . com / news / 2020 / 05 / 01 / vol-35-no-15- law-enforcement-evaluation-of-covid-19-health-order-protests /
Information contained in this article is for general use and does not constitute legal advice . This article is not intended to create , and receipt and review of it does not constitute , an attorney-client-relationship with the author .
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WINTER 2020 | CALIFORNIA POLICE CHIEF 9