Agency's use-of-force policy is consistent with the AGO model policy:
No
Why agency's use-of force policy departs from the AGO model policy:
To Washington State Attorney General Nick Brown,
This letter notifies you the Port of Seattle Police Department has completed a 2024 update to the Port of Seattle Police Department Policy Manual subsequent 2023-2024 legislative updates and Lexipol updates. With submission of this notification, the Port of Seattle Police Department fulfills it’s responsibility to its legal requirement as codified in RCW 10.120.030(2).
The Port of Seattle Police Department Policy Manual has two areas which are inconsistent with the model policy. The rationale for the departures from the Attorney General’s model policy are provided below and remain the similar to our submissions subsequent 2022 and 2023 Port of Seattle Police Department Policy Manual Updates:
1. Electronic Controlled Weapons (ECW), Standards of Use (3.a) – “Officers shall carry an ECW on the support side of the body, and in all but extreme circumstances, shall draw, exhibit, and use the device with the support (non-pistol firing) hand.”
Rationale: The Port of Seattle Police Department Policy requires the ECW to be carried on the support side of the body. However, Port of Seattle Police Department Policy allows for either a support hand draw or dominant hand cross-draw method, whereas the AG’s Model Use of Force Policy limits officers to just a support side carry and support hand use of the ECW. The ECW cross-draw method presents the opportunity for officers to either access their ECW or access their firearm, thus eliminating the opportunity for them to accidentally access both ECW and their firearm simultaneously which is problematic.
2. Firearms, Pointing and Drawing a Firearm (3.b) – Officers should only draw a firearm in the low ready position (i.e. unholstered but out of the officer’s visual field) when the officer makes reasonable observations based on the totality of the circumstances that the situation may evolve to the point where deadly force would be authorized.
Rationale: Port of Seattle Police Officers are trained to draw their firearms based on the situation. The environment dictates the tactics. While low ready is one of the tactics taught, this is not ideal for ALL situations. For example, if the officer is on a scene requiring the weapon to be drawn and an officer / civilian / suspect are on the ground injured, in a low-ready position, the officer has the potential to be pointing their firearm directly at the injured person if only low-ready is to be used. This is an especially important consideration, particularly for rapid response scenarios, provided the high passenger volumes inherent to the airport and cruise ship terminals. Therefore, Port of Seattle Police Officers are taught other drawing alternatives so the safest method can be used based on the environment they are in. This practice is consistent with the universal firearms safety rules.
This letter notifies you the Port of Seattle Police Department has completed a 2024 update to the Port of Seattle Police Department Policy Manual subsequent 2023-2024 legislative updates and Lexipol updates. With submission of this notification, the Port of Seattle Police Department fulfills it’s responsibility to its legal requirement as codified in RCW 10.120.030(2).
The Port of Seattle Police Department Policy Manual has two areas which are inconsistent with the model policy. The rationale for the departures from the Attorney General’s model policy are provided below and remain the similar to our submissions subsequent 2022 and 2023 Port of Seattle Police Department Policy Manual Updates:
1. Electronic Controlled Weapons (ECW), Standards of Use (3.a) – “Officers shall carry an ECW on the support side of the body, and in all but extreme circumstances, shall draw, exhibit, and use the device with the support (non-pistol firing) hand.”
Rationale: The Port of Seattle Police Department Policy requires the ECW to be carried on the support side of the body. However, Port of Seattle Police Department Policy allows for either a support hand draw or dominant hand cross-draw method, whereas the AG’s Model Use of Force Policy limits officers to just a support side carry and support hand use of the ECW. The ECW cross-draw method presents the opportunity for officers to either access their ECW or access their firearm, thus eliminating the opportunity for them to accidentally access both ECW and their firearm simultaneously which is problematic.
2. Firearms, Pointing and Drawing a Firearm (3.b) – Officers should only draw a firearm in the low ready position (i.e. unholstered but out of the officer’s visual field) when the officer makes reasonable observations based on the totality of the circumstances that the situation may evolve to the point where deadly force would be authorized.
Rationale: Port of Seattle Police Officers are trained to draw their firearms based on the situation. The environment dictates the tactics. While low ready is one of the tactics taught, this is not ideal for ALL situations. For example, if the officer is on a scene requiring the weapon to be drawn and an officer / civilian / suspect are on the ground injured, in a low-ready position, the officer has the potential to be pointing their firearm directly at the injured person if only low-ready is to be used. This is an especially important consideration, particularly for rapid response scenarios, provided the high passenger volumes inherent to the airport and cruise ship terminals. Therefore, Port of Seattle Police Officers are taught other drawing alternatives so the safest method can be used based on the environment they are in. This practice is consistent with the universal firearms safety rules.
How agency's use-of-force policy is consistent with RCW 10.120.020:
To Washington State Attorney General Nick Brown,
This letter notifies you the Port of Seattle Police Department has completed a 2024 update to the Port of Seattle Police Department Policy Manual subsequent 2023-2024 legislative updates and Lexipol updates. With submission of this notification, the Port of Seattle Police Department fulfills it’s responsibility to its legal requirement as codified in RCW 10.120.030(2).
Aside from the afore mentioned departures from the Attorney General’s model policy, the Port of Seattle Police Department Policy Manual continues to maintain compliance with RCW 10.120.030(2). The Port of Seattle Police Department’s reasons for maintaining polices as such are, but not limited to:
1. Our use of force policies are consistent with RCW 10.120.020 as we adopted the statute language into our use of force policies.
2. The Port of Seattle Police Department utilized Lexipol for our department policy manual. Lexipol Updates provided language to compliment custom content that maintains consistency with the model use of force policy provided by the WA State Attorney General’s Office.
3. The Port of Seattle Police Department is nationally accredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA). Our policies meet or exceed the standards of national best practices in law enforcement.
4. The Port of Seattle Police Department has completed legal review of the policy changes updated within 2024 Manual Update to both ensure consistency is maintained with the model policy and to ensure compliance with RCW’s.
This letter notifies you the Port of Seattle Police Department has completed a 2024 update to the Port of Seattle Police Department Policy Manual subsequent 2023-2024 legislative updates and Lexipol updates. With submission of this notification, the Port of Seattle Police Department fulfills it’s responsibility to its legal requirement as codified in RCW 10.120.030(2).
Aside from the afore mentioned departures from the Attorney General’s model policy, the Port of Seattle Police Department Policy Manual continues to maintain compliance with RCW 10.120.030(2). The Port of Seattle Police Department’s reasons for maintaining polices as such are, but not limited to:
1. Our use of force policies are consistent with RCW 10.120.020 as we adopted the statute language into our use of force policies.
2. The Port of Seattle Police Department utilized Lexipol for our department policy manual. Lexipol Updates provided language to compliment custom content that maintains consistency with the model use of force policy provided by the WA State Attorney General’s Office.
3. The Port of Seattle Police Department is nationally accredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA). Our policies meet or exceed the standards of national best practices in law enforcement.
4. The Port of Seattle Police Department has completed legal review of the policy changes updated within 2024 Manual Update to both ensure consistency is maintained with the model policy and to ensure compliance with RCW’s.
Date policy last updated: