2018

INTERNAL AFFAIRS ANNUAL REPORT

Sheriff Deryl Loar

INDIAN RIVER COUNTY SHERIFF’S OFFICE
Internal Affairs
2018-Annual Report

Introduction

Pursuant to Agency policy, reviews and statistical reports are compiled concerning a wide variety of incidents involving Agency personnel. The primary categories of incidents are Grievances, Traffic Crashes, Response to Resistance, Vehicle Pursuits, Administrative Investigations, and Discipline. Discipline is a subcategory, which is applied in response to noted policy violations of the primary categories, but is also counted as a primary category for reporting and may include discipline for items not otherwise addressed through Internal Affairs assignment. Data collection for Medical Intervention statistics began at the beginning of 2018. Medical Interventions include instances in which an Automatic Electronic Defibrillator (AED) or the deployment of Naloxone Hydrochloride Auto-Injector was utilized. These incidents are analyzed to determine trends or to identify training needs. During 2018, the Internal Affairs Section received 295 reports, including both Law Enforcement and Corrections Bureaus concerning the below listed areas as follows:

Grievances	00	(0 for 2017)	
Traffic Crashes	47	(45 for 2017)	
Response to Resistance	105	(159 for 2017)	
Medical Intervention	13	(New Category)	
Pursuits	08	(13 for 2017)	
Administrative Investigations	122	(129 for 2017)	

In 2017, a total of 346 reports consisting of Response to Resistance, Discipline, Vehicle Pursuits and Traffic Crash reports were generated compared to the 293 generated in 2016.

NOTE: In 2018, seventy (74) incidents resulted in disciplinary actions. (Refer to Analysis of Discipline chart below for more detailed information)

Bias Based Profiling

There were no reports of Bias Based Profiling for the year of 2018.

For the year of 2017, there was one (1) report alleging Bias Based Profiling, and after investigation, this complaint was Unfounded and no corrective action was required. For the year of 2016, there were no reports of Bias Based Profiling. The relative lack of reports or complaints of bias based profiling is reflective of the training Agency members receive in this area. This includes initial training through the Field Training Program and annual in-service training consisting of the following:

proactive enforcement tactics
officer/deputy safety
courtesy
cultural diversity
laws governing search and seizure
interpersonal communication skills.

The legal aspects of Bias Based Profiling are also an element of the Legal Update portion of annual in-service training. The training programs emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion and police interaction based on protected class status.

Grievances

There were no Grievances filed for the year of 2018.

In the year of 2017, there were no Grievances filed. In the year of 2016, there were no Grievances filed.

Disciplinary Action Appeals

There were two (2) Disciplinary Action Appeals filed for the year of 2018.

In the year of 2017 there were two (2) Discipline Action Appeals filed. In the year of 2016 there was one (1) Disciplinary Action Appeal filed.

The above appeals notwithstanding, the infrequent occurrences of Disciplinary Appeals in 2018 may be a reflection of, and attributed to, the validity of the Internal Affairs process and the proportionality of discipline imposed as it relates to the seriousness of the violations. The Internal Affairs Unit works closely with supervisors at the Bureau and Division level to ensure that all disciplinary investigations and discipline imposed at the Division level occurs in a manner that is consistent with policy, procedure and past practices.

Discipline

ANALYSIS OF DISCIPLINE ADMINISTERED (AGENCY WIDE)
Discipline by Type

Offense Type	2016	2017	2018	
Misconduct Offenses	09	09	12	
Neglect of Duty	31	31	32	
Response to Resistance	00	01	01	
Avoidable Accidents:
Agency Owned Sheriff’s Office Vehicles	16	26	27	
Violations of the Law	00	00	03	
Job Knowledge/General
Proficiency	06	06	05	
Insubordination	01	03	04	

The above chart indicates a relatively consistent level of sustained violations with subsequent issuance of discipline within all offense types. Disciplinary Action was administered for seventy- four (74) sustained instances occurring in 2018. In some instances, there were more than one sustained Agency policy violation for the same employee, which required the issuance of more than one disciplinary action. The year of 2018 was consistent with the previous year of 2017.

Misconduct Offenses Neglect of Duty Response to Resistance Avoidable Accidents Violations of Law
Job Knowledge/General Proficiency
Insubordination

Discipline by Component:

Division	2016	2017	2018	
Corrections	06	02	10	
Civilians	09	13	10	
Uniform	42	52	50	
Investigations	01	02	02	
Civil, Court	05	07	01	
Volunteer	00	00	01	
				
Totals	63	76	74	

Corrections Civilians Uniform Investigations Civil, Court Volunteer
Totals

Breakdown of Disciplinary Action Administered in 2018

[Table 1. D.A.]

Law
Enforcement	Amount	Corrections	Amount	Civilian	Amount	TOTALS	
Letters of
Counseling	43	Letters of
Counseling	01	Letters of
Counseling	04	48	
Letters of
Reprimand	01	Letters of
Reprimand	00	Letters of
Reprimand	02	3	
Suspension 4
Hours	01	Suspension 4
Hours	00	Suspension
4 Hours	00	01	
Suspension 8
Hours	03	Suspension
8 Hours	00	Suspension
8 Hours	01	04	
Suspension
16 Hours	02	Suspension
16 Hours	03	Suspension
16 Hours	00	05	
Suspension
24 Hours	01	Suspension
24 Hours	01	Suspension
24 Hours	00	02	
Suspension
32 Hours	00	Suspension
32 Hours	04	Suspension
32 Hours	01	05	
Suspension
40 Hours	01	Suspension
40 Hours	01	Suspension
40 Hours	01	03	
Suspension
60 Hours	00	Suspension
60 Hours	00	Suspension
60 Hours	01	01	
Disciplinary
Transfer	01	Disciplinary
Transfer	00	Disciplinary
Transfer	00	01	
Demotion	01	Demotion	00	Demotion	00	01	
Termination	00	Termination	01	Termination	01	02	
TOTAL	54	TOTAL	11	TOTAL	11	76	

In all, seventy-four (74) Disciplinary Actions were administered during 2018. This is a decrease of one Disciplinary Action from the prior year of 2017 in which seventy-five (75) Disciplinary Actions were administered. This is an increase of twelve (12) Disciplinary Actions over the course of the previous year of 2016, in which sixty-three (63) Disciplinary Actions were administered. This increase was predominately due to the increase in sustained avoidable accidents involving Agency owned Sheriff’s Office vehicles for the year of 2017.

INDIAN RIVER COUNTY SHERIFF’S OFFICE EMPLOYEE TRAFFIC CRASHES

Totals

There were forty-seven (47) traffic crashes involving Agency owned Sheriff’s Office vehicles in 2018. Of the forty-seven (47) traffic crashes, seventeen (17) were determined to be unavoidable and thirty (30) were determined to be avoidable. The reported determined outcome for all crashes that occurred during 2018 are as follows:
Animal	03
Careless Driving	09
Disregarded Other Traffic	01
Markings
Equipment Malfunction	01
Following Too Closely	03
Improper Backing	07
Improper Turn	02
Inattentive	15
Over-Correcting/Steering	01
Ran Off Roadway	01
Ran Red Light	01
Served to Avoid:	02
MV, Person, Animal
Weather Related	01

A more detailed account of contributing causes is available with the new implementation of the IAPro. As a result of the avoidable accidents, there were twenty-eight (28) Letters of Counseling issued. One member received a Letter of Reprimand as well as twenty-four (24) hours of Suspension. One member received four (4) hours of Suspension. Thirty (30) members whose crashes were avoidable attended a Remedial Driver’s Training Course.

This equates to a 4% increase in total crashes for the year of 2018 from the year of 2017.

In the calendar year of 2017 there were forty-five (45) traffic crashes involving Agency owned Sheriff’s Office vehicles. Of the forty-five (45) traffic crashes, nineteen (19) were determined to be unavoidable.

In the calendar year of 2016 there were thirty-two (32) traffic crashes involving Agency owned Sheriff’s Office vehicles. Of the thirty-two (32) traffic crashes, fifteen (15) were determined to  be unavoidable.

2018 Response to Resistance Analysis

During the 2018 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 241,329 events for the Law Enforcement Bureau. Of those events, 4429 arrests were made and those arrests resulted in 68 Response to Resistance Reports, which accounted for 1.5% of the total arrests and a ratio of 1:65 arrests. The total percentage of arrests requiring response to resistance has increased by 0.3% from the previous year of 2017. This is a nominal increase.

During the 2017 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 263,234 events for the Law Enforcement Bureau. Of those events, 4177 arrests were made and those arrests resulted in 51 Response to Resistance Reports, which accounted for 1.2% of the total arrests and a ratio of 1:81 arrests. The total percentage of arrests requiring response to resistance has increased by 0.5% from the previous year of 2016.

Response to Resistance Incidents Compared to Arrests: Law Enforcement	
YEAR	Total Number of IRCSO
Arrests	Number of Response to Resistance	% of Arrests when Response to Resistance is Used	Ratio	
2016	3593	42	1.17%	1:84	
2017	4177	51	1.22%	1:81	
2018	4429	68	1.53%	1:65	

During the 2018 reporting year, 5582 inmates were processed through the Indian River County Sheriff’s Office Corrections Bureau. There were 37 Response to Resistance incidents documented in the Corrections Bureau, which accounted for 0.66% and a ratio of 1:150 inmates. The total percentage of incidents requiring response to resistance has decreased by 1.27% from the previous year of 2017.

During the 2017 reporting year, 5582 inmates were processed through the Indian River County Sheriff’s Office Corrections Bureau. There were 108 Response to Resistance incidents documented in the Corrections Bureau, which accounted for 1.93% and a ratio of 1:51 inmates. The total percentage of incidents requiring response to resistance has decreased by 0.47% from the previous year of 2016.

Response to Resistance Incidents Compared to Arrests: Corrections	
YEAR	Total Number
of Inmates Processed	Number of
Response to Resistance	% of Arrests
when Response to Resistance is Used	Ratio	
2016	5278	126	2.39%	1:41	
2017	5582	108	1.93%	1:51	
2018	5582	37	0.66%	1:150	

The following table provides a statistical breakdown of Response to Resistance techniques used by members of the Indian River County Sheriff’s Office for the years of 2016, 2017, and 2018.

Response to Resistance by Force Type for Law Enforcement Bureau
Force
Type	2016	2016
Percentage	2017	2017
Percentage	2018	2018
Percentage	
Physical:
Hands On	08	19%	15	29%	31	45%	
Chemical:
OC Spray	01	2%	00	N/A	01	1%	
Impact
Weapon	03	7%	08	16%	04	6%	
K-9	05	12%	03	6%	02	3%	
Taser	25	60%	22	43%	27	39%	
Firearm	00	N/A	03	6%	04	6%	
Restraint
Chair	00	N/A	00	N/A	00	N/A	
Totals	42	100%	51	100%	69	100%	

With regard to the Law Enforcement use of response to resistance for the year of 2018, physical force has risen as well as the use of the utilization of the Taser compared to the previous years of 2017 and 2016. The utilization of the Impact Weapon has exhibited a decrease of 50% over the year of 2018 compared to the previous year of 2017. The utilization of the K-9 has also decreased from the previous years of 2017 and 2016. The utilization of the firearm was consistent with the number for 2017, as one (1) was classified as an ‘accidental discharge.’ *The Taser and the Chemical OC Spray was utilized in the same instance regarding two vicious dogs that were fighting. This accounts for the total instances being 68; however, the total at the bottom of the chart reflects 69 to account for the utilization of the Chemical OC Spray.* The total percentage of arrests requiring response to resistance by Law Enforcement has increased by 33%. One of the contributing factors to the increase utilization of Physical / Hands-on and Taser weapons is the reoccurring in-service training emphasizing the advantages of utilizing intermediate weapons when suitable conditions exist. Another factor considered is the frequency of law enforcement encounters with persons suffering from mental health problems and/or substance abuse.

Response to Resistance by Force Type for Corrections Bureau
Force
Type	2016	2016
Percentage	2017	2017
Percentage	2018	2018
Percentage	
Physical:
Hands On	19	15%	28	25%	25	68%	
Chemical:
OC Spray	07	5%	08	8%	00	N/A	
Impact
Weapon	00	N/A	00	N/A	00	N/A	
K-9	00	N/A	00	N/A	00	N/A	
Taser	16	13%	09	8%	12	32%	
Firearm	00	N/A	00	N/A	00	N/A	
Restraint
Chair	84	67%	63	59%	00	N/A	
Totals	126	100%	108	100%	37	100%	

With regard to the Corrections use of response to resistance for the year of 2018, the utilization of physical force has slightly decreased. Chemical spray usage significantly decreased compared to the previous years of 2017 and 2016. The utilization of the Taser has slightly increased for the year of 2018 compared to the previous year of 2017. The fluctuations with inmate population coupled with inmates reported to be suffering from mental health and substance abuse is a contributing factor to the rise and fall in the use of the Physical / Hands-on force and Taser use within the Corrections facility during the year of 2017. The total percentage of arrests requiring response to resistance by Corrections members has decreased by 66%. With the implantation of IAPro and BlueTeam, the “Restraint Chair” category will only generate statistical data when the restraint chair is utilized in conjunction with a response to resistance.

Response to Resistance Totals to Include Law Enforcement and Corrections

Physical OC Spray
Impact Weapon K-9
Taser Firearm
Restraint Chair
Totals

With regard to the shift data reflecting response to resistance incidents utilized by Law Enforcement, the A3 and B4 shifts have the highest recorded incidents. This can be attributed to many factors including the given timeframe of occurrences (predominately Friday/Saturday evenings and nights). It is generally recognized that drug/alcohol use increases during these times which is evidenced by an elevated number citizens frequenting alcohol-serving establishments, or consuming recreational drugs or alcohol at their residences. These issues increase the likelihood of officers encountering violent, intoxicated, confrontational, or armed offenders. These offenders are more frequently known to resist, fight, or flee from officers, which causes the Law Enforcement members to utilize the different levels of force to take control of these situations.

With regard to the shift data reflecting response to resistance incidents utilized by Corrections Bureau staff, the 1st and 3rd shifts have the highest recorded incidents. This can be attributed Law Enforcement conducing more arrests during these time frames involving offenders who are committing traffic violations, responding to calls for service in which offenders are violent, under the influence of drugs or alcohol and those offenders acting aggressive and hostile upon their arrival to the Indian River County Jail, during and after the booking process. These offenders are known to offer resistance, cause disturbances, and are often going through a detoxification period, which requires the Correction members to utilize different levels of force to take control of these situations.

RESPONSE TO RESISTANCE TECHNIQUES

The breakdown of the graphs above depicts the types of Response to Resistance techniques used by Law Enforcement and Corrections.

The above graph reflects the year 2018 Response to Resistance Reports by race, gender and ethnicity. Response to Resistance incidents occurring involved forty-seven (47%) Caucasian males and forty-two (42%) African-American males. Seven percent (7%) of the reports involved Caucasian females. Four (4%) of the reports involved Hispanic males and one Asian/Pacific Islander male.

The Indian River County population estimates are currently 154,383 with a growth rate of 1.98% in the past year according to the most recent United States census data. Of this population estimate in relation to the above graph, 87% are Caucasian, 9.5% are African-American, and 12.5% are Hispanic or Latino.

Firearm Use

During the 2018 reporting year, there were four (4) incidents where a firearm was utilized and each use was consistent with Agency policy and procedure. In 2017, there were three (3) incidents where a firearm was utilized and each use was consistent with Agency policy and procedure. In 2016, there were no use of firearm incidents.

The low usage of firearms is attributed to the Indian River County Sheriff’s Office training in several types of response to resistance. This provides members the tools needed to overcome resistance with the most minimal amount of force necessary as well as training in de-escalation techniques as it relates to responding to resistance.

Vehicular Pursuits

In 2018 there were eight (8) pursuits documented by the Indian River County Sheriff’s Office.

Administrative Investigations

During the year of 2018, there were one-hundred and twenty-two (122) Administrative Investigations.

SOURCE	Citizen	Inmate	Internal Complaints
(Supervisory, Employee, etc.)	
Totals	
2018	54	11	57*	122	
2017	84	08	37	129	
2016	43	04	40	87	

Citizen Inmate Internal
Totals

ADMINISTRATIVE INVESTIGATIONS HANDLED BY COMPONENT

Component	2016	2017	2018	
				
LE Operations	22	29	37	
Internal Affairs	59	94	67	
Corrections	05	03	14	
Investigations	00	00	03	
Support Services	00	00	00	
Judicial Services	01	01	00	
Communications	00	02	01	
Civilians	00	00	00	
Sheriff’s Admin.	00	00	00	
				
Totals	87	129	122	

The dispositions of those cases are as follows:

Disposition	2016	2017	2018	
Unfounded	39	77	58	
Sustained	33	30*	45*	
Not Sustained	14	13	19	
Policy Failure	00	00	00	
Exonerated	01	09	00	
Exceptionally Cleared	00	00	00	
Employee Resigned Prior to Completion of Investigation; however, allegations were Sustained	00	02*
Number is included in Sustained Disposition*	04*
Number is included in Sustained Disposition*	
				
Totals	87	129	122	

A majority of complaints originated from citizens or supervisors regarding improper conduct by a subordinate and involved issues ranging from unprofessional conduct, courtesy, general proficiency, missed assignments, and neglect of duty offenses. Of the one-hundred and twenty- two (122) Administrative Investigations, 47% resulted in the allegations being Unfounded, 37% Sustained, 16% Not Sustained. There was a 5% decrease in the number of overall complaints received from the previous year of 2017; however, 84% of the 2017 cases were either not sustained, unfounded or exonerated versus 64% from 2016.

During the 2018 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 241,329 calls for service. During the 2017 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 263,234 calls for service. This is an 8% decrease in calls for service from the previous year.

During the 2016 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 252,438 calls for service. This resulted in an additional 4% increase in calls for service from the year of 2016 to 2017.

During the upcoming year of 2019, the Internal Affairs Unit will continue to ensure the integrity and accountability of the Sheriff’s Office. We will diligently analyze Administrative Investigations and other Internal Affairs data to ensure compliance with departmental policies and procedures. This analysis will ensure expedience of services, protection to the community we serve, and member safety. We are dedicated to delivering our services in an efficient, courteous, and advantageous manner.