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Home My WebLink AboutR-93-0449J-93-515 7/8/93 RESOLUTION NO. 9 3 -" 4 4 9 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING POLICY THAT THE LATERAL VASCULAR NECK RESTRAINT MAY NOT BE USED AS A CONTROL OF PERSONS TECHNIQUE AGAINST A SUSPECT WHO DOES NOT POSE AN IMMEDIATE THREAT OF DEATH OR GREAT BODILY HARM TO A POLICE OFFICER AND TO OTHERS. WHEREAS, the Commission of the City of Miami, Florida, recognizes that on occasion police officers must employ some degree of force to effect a lawful arrest; and WHEREAS, the Commission of the City of Miami, Florida, recognizes that the Lateral Vascular Neck Restraint is a control of persons technique that even if properly employed can result in serious bodily harm or death to a suspect; and WHEREAS, the Commission of the City of Miami, Florida, recognizes that there must be a balance between the societal interest of apprehending a suspect and the method by which a suspect is apprehended; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. CITY COMIUSSX0I1 MEETING OF J U L 0 8 1993 Fl"olufi= No. 93- 449� Section 2. The Miami City Commission hereby establishes the policy that the Lateral Vascular Neck Restraint may not be used as a control of persons technique against a suspect who does not pose an immediate threat of death or great bodily harm to a police officer or to others. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of July 1993. XAVIER UAR , MAYOR CITY CLERK PREPARED AND APPROVED BY: ZAS i CHARLES MAYS CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: to," ., , At QU JO , III CITY ATTORN Y M3721/CCM/ W.r/bss 93- 449 -2- SENT BY: : "'Q- 1-93 : 4 : 43PNI LAN 7. - a05858170i : # 2! 2 CITY OF M AMI, FLOHIUA INTER -OFFICE MEMORANDUM 70 Honorable Mayor and Members """ - July 1, 1993 of the City Commission """ `'' Proposed Resolution Concerning Use of the L.V.N.R. rRom : A. Quinn Jones, III III I' hr_NCES Commission Meeting City Attorney July 8, 1993 Pursuant to City Commission directive at the June, 29, 1903 Commission Meeting, the City Attorney's Office is currently preparing a. proposed resolution oonoerning the use of the L.V.N.R. by the Miami Police Department. The legislation will be distributed to the members of the City Commission prior to the July 8, 1993 Commission Meeting. osk 0/__3 93- ®49 14A AE MIAMI HERALD, THURSDAY. JULY 8, Iguo CA rri~~a i= •1 C/3 v JOHN S. KNIGHT (1894.1981) JAMES L KNIGHT (1909.1991) DAVID IAWRENCE JR , Pmblisher and Giainnan ROBERTO SUAREZ JIM HAMP'1'ON DOUGLAS C. CUFrON Msident Editor ' Executive Editor MARTHA MUSGROVE and TONY PROSCIO SAUNbRA KEYES PETE WEITZEL AsweiateEdilon Managing Editor Senior Managing Editor Police: Enfor-temnggrestraint HE controversy over the Miami Police Department's use of 'the "choke hold" — a misnomer that will be clarified below — has cast a high beam on the use and abuse of a controver- sial technique for restraining suspects. The debate has been helpful, and it's now time that the City Commission lay it to rest. Unfortunately, a POLICING more crucial issue has THE FORCE been left out of the spotlight: The contin- ued employment of First of a Series police officers who have no business being on the force. A small. minority of law enforcers accounts for a disproportionate share of reprimands for excessive force, firearm misuse,, drug ,abuse, theft, and other violations; Yet • they continue to serve, authorized- to' use ' force under- tense conditions that require superior. judgment and discipline;' Besides•decidmg on permissible forms of - restraint, the commission soon must assess the fitness of the people who use force in the public's name — and the fact that some of those people are likely to go too far. 0 JENNIFER PODIS / Mimi Herald Police Instructors Derek Borrero, in front, and Ed Haynes demonstrate the correct use of the neck restraint (above). An officer's elbow is In line with a suspect's chin, allowing the suspect to breathe. Below,' Mr. Haynes applies the for, bidden choke hold. COMMISSIONERS are scheduled to vote'today on whether to ban police use of a r r„y restraining technique called the "lateral vascular neck restraint." The more com- mon name -'choke hold" is easier to say, but it's wrong. They're two different tech- niques;. though both can be lethal...: , ; lie trust — on cases of police misconduct. The neck'r'restraint; properly, applied, temporarily cuts off blood to a suspect's Meanwhile, though, commissioners must play it'safe again today; They must ban- the brain when an: officencrooks an arm around,. the neck2nd•squeexes,both sides. In a. -few neck restraint. :< . They can look to Broward County for seconds; t a ; resisting: suspect: can,;be.-ren- dered dizzy enough to be subdued.;.' -. `:;; . one; reason. The Broward r Sheriff's Office aoesn't teach the neck restraint. There's R ",choke: hold", cuts off oxygen'when',' officer's forearm presses against;tlie ' too.', much�`room. forerror;, administrators say:•Ofhcers.would need continous training pipes It is.;neither" sanctioned' by -'Miami's Police; Department nor taught ;at"1)ade's to keep their skills polished. .P Indeed;''Dade's state attorneys office poll' ' ' aimng academy, Yet it has'been'dif- slammed;Miami,'for the slipshod way: that the department metes out refresher train - ficult :for: investigators' to deteririine''just what technique Miami officer Carl Seals did ing on the technique. Banning it altogether apply or or `misapply -- on the night' in 1992 when he tried':tots Antonio gets rid of the training burden too. Even so, if an officer's life is in danger, Edwards',"who was being'questioned' by ---any. method — choke hold included --- another officer. Mr. Edwards has since been in a coma for 18 months. would be permissible. This sensible policy has the support of The city of Miami admitted responsibil- Police; Chief Calvin Ross and Fraternal ,ity: Officer Seals, a 11-year veteran, has a Order of Police President Al Cotera. It also history of :discipline problems. - i satisfies the valid concerns of black commu- Last week, commissioners wisely played nity leaders who last year persuaded Miami it safe, avoided a court trial, and-voted'to at least $7.5 million for Antonio to suspend use of the neck restraint. . Chief Ross reports that, during the sus- pay Edwards's lifetime medical care. It is the pension,' officers rarely were left without largest award that the city has ever paid;in alternatives.' More important, they didn't a police -brutality case. have. to resort to deadlier force. So the commission should start by dis- pensing with,the neck restraint. But then comes the knottier task: finding an effec- ULTIMATELY; Miami is going to have tive restraint for police officers who cannot restrain themselves. to decide just how much more it is willing to expend + in oney, public safety, and pub- m ext: Seeking national solutions N