By Phil Niedzielski-Eichner and
Adrian L. Steel Jr.
Wednesday, October 9, 2019
Just in time for the Oct. 8
fourth anniversary of the 2015 release of the Fairfax County Ad Hoc Police
Practices Review Commission Final Report, the Board of Supervisors approved
full implementation of body worn cameras (BWC) by the Fairfax County Police
Department (FCPD). This is one of the Commission’s most significant and
consequential recommendations. While a potential aid to criminal prosecution,
the body worn camera’s equally important contribution is to foster greater
transparency and accountability of all parties during the interactions of the
police with the public. Full implementation will begin in May 2020 and take
three years to phase in countywide.
The Board’s decision followed the
completion of a 2018 pilot study chartered by Police Chief Edwin C. Roessler
Jr. and conducted by the American University, which found that there was “…
overwhelming support among community members for the widespread adoption of
body worn cameras….” and “…consensus among the officers involved in the pilot
that body worn cameras will increase the gathering of evidence and help settle
complaints against officers.”
The Board’s decision is a fitting
capstone to a four-year successful effort by the Board to oversee the
transformation of the Police Department from one that was excellent to now
being on a clear path to becoming “best in class.”
The Commission’s formation by the
Board of Supervisors followed a few high-profile police use of force incidents,
with the ultimate catalyst being the August 2013 shooting death of unarmed
Springfield resident John Geer in his doorway.
Board Chair Bulova formed the Ad
Hoc Commission and her office closely oversaw the Commission’s work over an
intensive five-month period in 2015. Charged with “…assessing the (Fairfax County)
Police Department’s performance against national best practices,” the
Commission made more than 200 recommendations for strengthening the public’s
trust and confidence in the Department.
Public Safety Committee Chair
Supervisor John Cook combined forces with Board Chair Bulova and Chief Roessler
to drive the Board and Police Department to embrace the Ad Hoc Commission’s
recommendations. As they complete their many years of service to our community,
Bulova’s and Cook’s police-reform efforts will certainly be a key legacy.
The significant reforms for which
all can be proud will increase police accountability, divert those who suffer from
mental illness into treatment rather than incarceration, reduce use-of-force
injuries and deaths, open public access to incident information, and engender
public confidence.
Body worn cameras will now
complement the dashboard cameras mounted in each FCPD patrol vehicle. The
Department’s policy enshrines sanctity of human life as an organizing
principle, with de-escalation as the strategy of first resort when confronted
with a threat rather than the use of force. Constraints and strengthened
supervisory oversight are now in place on police use of vehicle pursuit.
“Diversion First” offers alternatives to incarceration for people with mental
illness or developmental disabilities.
An Independent Police Auditor
(IPA) automatically reviews investigations of death or serious injury cases as
well as uses of force when a citizen complaint is filed. A Civilian Review
Panel reviews investigations of civilian complaints regarding “abuse of
authority” or “serious misconduct” by an FCPD officer and holds public forums
to hear from the community. Policies regarding release of information provide
for increased public visibility into the Department’s daily activities and
performance, with a predisposition to disclose information, regardless of
incident controversy. Intense efforts are underway to recruit talented
personnel that better reflect Fairfax County’s population diversity.
Sustained effort and energy are
still required to move decades-old engrained practices into a “new normal.”
Further, those who are “best-in-class” constantly seek to improve.
Tough questions still need to be
asked as the County implements body worn cameras. Should an agency other than
the Department, for example, control access to the massive amount of data to be
collected? Should the IPA or an independent third party audit the program?
Heightened expectations alone should give our policymakers pause, particularly
when we know that no technology deployment is mistake and error free. Not
collecting video data during a controversial use of force incident is bad,
missing video data under the Department’s control is worse.
As to the revised vehicular
pursuit and stopping policies, it will be important for the FCPD to provide a
detailed report to the Board and the public in early 2020 as to the effects of
the revised policies, details of 2019 pursuits and vehicle stops, and whether
any further changes are needed. It will also be important for the Board to
monitor and take any appropriate action with respect to the racial disparity
study underway by the Independent Police Auditor.
On this fourth anniversary of the
Ad Hoc Commission Report, Fairfax County and its Police Department have
achieved many reforms of which to be proud. The temptation will be to declare
the mission accomplished. This would be a mistake. The new Board of Supervisors
come January must provide vigilant monitoring through performance expectations
and progress reports. Not because enough has not been accomplished, though more
improvements are needed, but because that’s the norm for best-in-class police
departments.
Niedzielski-Eichner and Steel
were chair and vice-chair of the Ad Hoc Commission’s Use of Force Subcommittee
and spent many hours with a small, loosely configured group of former
Commission members dedicated to implementing Commission recommendations,
working with FCPD leadership. Steel oversaw as chair the formation of the
Civilian Review Panel.