Cincinnati Police Chief Tom Streicher publicly defended his division's use-of-force policies for the first time in front of City Council Tuesday, but said the division is also considering some changes.

Police Chief Tom Streicher (right), with Capt. James Whalen, discusses departmental policy on the use of force at Tuesday's meeting of City Council. (Tony Jones photo) | ZOOM |

        The presentation before the Law and Public Safety Committee came in response to Councilman John Cranley's request for information on police policies in the wake of a scathing 23-page report from the U.S. Justice Department.

        Chief Streicher did not respond to any of the Justice Department recommendations head-on, because city lawyers are worried that public disagreement could hurt the delicate negotiations that could lead to a settlement.

        The city won't formally respond to the Justice Department until mid-January.

        Still, in leaving it up to council members to draw their own comparisons, Chief Streicher helped give some indication of how far apart city and federal lawyers are.

        He suggested, for example, that the Justice Department may have been short-sighted in looking only at written policies, and not the training behind them.

        “It may be difficult for someone who has not had the hundreds — if not thousands — of hours of training,” Chief Streicher said. “You can't just say you read some of this and understand it.”

        Chief Streicher's report to City Council Tuesday covered five areas in the federal report:

        • Use-of-force policy. The Justice Department said policies allowing the police officers to use force to “perform their duty” are too vague.

THE RESPONSES:

Cincinnati Police officials on Tuesday responded to questions from City Council members on five of the topics brought up by the U.S. Department of Justice:     • The use-of-force policy, and the others in question, meet or exceed standards set by the Commission on Accreditation for Law Enforcement Agencies, a voluntary review process. The division was accredited in 1997 and was reaccredited earlier this year.     • Officers' canisters of chemical irritant hold 2 ounces of liquid, which delivers the shots of CS powder. A 1992 internal study found this type of irritant more effective than pepper spray, which the Justice Department suggested they consider using.     • Adopting a “bark-only” policy for use of police dogs would put officers, the division and the city at risk because it creates the incorrect impression that no one will ever be bitten by a police dog.     • Chief Tom Streicher prefers not to teach officers their use-of-force options in the form of a continuum. Rather, he said, they should choose the best of all their options, from spraying an irritant to applying deadly force.     • Every use of force — defined as “any strike, blow, kick, bite, stab, shot or slap with any object” — is reported by a supervisor with taped statements from witnesses, photographs and a summary of any medical treatment.

        Chief Streicher said police training, if not policy, makes clear that the use of force “is only appropriate, and can only be applied, in response to aggressive behavior by a suspect.

        “An officer does not have the option of walking up to someone on the street and applying force,” the chief said.

        • Chemical irritant. The use of chemical spray is the Cincinnati Police Division's “primary response” to aggressive behavior. Justice Department lawyers said use should be limited and better tracked.

        Chief Streicher defended the use of chemical spray, saying it has never resulted in permanent injury to a suspect. But he said the division is looking at whether a different formula may be more effective, and is trying to do a better job of tracking the 600 uses of chemical spray a year.

        • Canine policy. The Justice Department said Cincinnati should adopt a “find-and-bark” policy instead of the current “bite and hold” policy.

        Chief Streicher said the difference is one of training, not policy. Adopting a stricter policy, he said, may open the city to greater civil liability because suspects may expect that they'll never be bitten by a police dog.

        He said suspects are bitten by police dogs about 25 percent of the time. A percentage of 30 percent or more should put up a warning flag, he said, and he'd like to reduce the ratio to 20 percent.

        • Use-of-force continuum. The Justice Department recommends a “continuum” of force, which trains officers to consider alternatives — such as verbal commands or “soft hands” — before resorting to force.

        Chief Streicher said the Police Division doesn't like that term because it may lead officers to believe that they cannot resort to a higher level of force until they've exhausted lower levels.

        He prefers a “tool-box” approach, which encourages officers to use the tool most appropriate to the situation.

        Those tools are, in increasing order: the officer's presence, verbal skills, chemical irritant, assistance from other officers, empty-hand controls, baton strikes, less-than-lethal force (Taser, beanbag gun, etc.), and lethal force. • Use-of-force reporting. The Justice Department recommended the city update its system of tracking uses of force, and require officers to report every time they draw their weapons.

        Chief Streicher did not give a detailed response, but his written report to City Council contained three pages explaining reporting policies.

        Council members said the chief's report Tuesday should help the public better understand police procedure. But it only tells part of the story, Mr. Cranley said.

        “There's a difference between having a problem with the procedures and having an officer break the procedure,” he said.

        He said he would ask the Police Division to come back to City Council next month with a report on discipline.

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