Kansas law enforcement looking at ‘fair and impartial’ policing

Kansas is not changing the way it trains officers in light of recent furor over events in Ferguson, Mo., and New York City, but law enforcement trainers in the state have started a conversation about the importance of “fair and impartial policing” to avoid situations of racial discrimination in police work.

After grand juries in Missouri and New York chose not to indict law enforcement officers who killed men in those cities in the course of their policing duties, citizens across the country have called for new scrutiny and discussion of policing practices and racial discrimination.

“Both the Ferguson and New York City situations have reminded us to reinforce with officers that they must always deliver policing and services in a fair and impartial manner,” Kansas Law Enforcement Training Center Director Ed Pavey said.

In Kansas, lethal force can be employed to de-escalate dangerous situations, Pavey said.

At the training center, a unit of Kansas University’s Continuing Education program where all officers in the state are taught, students are instructed “only to use the legal force necessary to effect the arrest of a person,” Pavey said. The “legal force” could include the deployment of Tasers, batons or guns if warranted by the situation, Pavey said.

Chokeholds, which came into play in New York City resident Eric Garner’s death, are not taught at the training center because “the risk of injury or death is too great,” Pavey said.

“Officers are taught a variety of take-down and restraint methods,” Pavey said. “Restraint methods taught in basic training focus on pressure points in certain areas of the body, not the airways.”

Pavey said the training center and the Kansas African American Affairs Commission within the Governor’s office partnered last year to begin educating state law enforcement and communities about the “fair and impartial policing” concept, as outline by expert Lorie Fridell.

Under this concept, Pavey said officers are taught to:

  • Make sure they have “articulable reasonable suspicion” for each traffic or pedestrian stop.
  • Take enforcement actions “as they come” without regard to race, gender, sexual orientation or other features.
  • Immediately identify themselves as law enforcement and explain to the suspect why they were stopped. Pavey said that’s because “if an officer fails to do so, the motorist or pedestrian will fill in the blanks for themselves.”
  • Keep records of all contact with citizens.
  • Review all of their actions based on the Law Enforcement Code of Ethics.

Pavey said fair and impartial policing is essential to police work because the community must trust law enforcement in order for officers to effectively do their jobs.

“Doing (fair and impartial policing) consistently will go a long ways in helping to foster community trust and cooperation,” Pavey said.

In 2014 annual reports submitted to the state attorney general’s office by the Lawrence Police Department and the Douglas County Sheriff’s Office said:

  • Both agencies have had all non-exempt officers complete annual training relevant to racial or biased-based policing.
  • Both agencies have a policy prohibiting racial or other biased-based policing.
  • Both agencies have specific discipline plans for officers who engage in racial or other bias-based policing.
  • The police department has a community advisory board on racial or bias-based policing; the sheriff’s office does not.
  • The police department has a racial or other biased-based policing comprehensive plan; the sheriff’s office does not.

In addition, the reports showed that there was just one complaint of racial or other bias-based policing in the area from July 1, 2013, to June 30, 2014.

The complaint against the police department was filed by a person who said he had been pulled over because of his race. The complaint was determined to be unfounded when it was determined that the man was not wearing his seatbelt, which is a valid reason for a stop.

Sheriff’s office spokesman Lt. Steve Lewis said that an administrative captain in the office attended a round table event held by the Missouri Attorney General’s Office in October on “representative policing,” or diversity among law enforcement, in response to the Ferguson incident.