CMPD Announces Policy Changes, Mandates Duty To Intervene

CHARLOTTE, NC — Police in Charlotte on Wednesday announced several changes to law enforcement policy geared at changing the way the department handles protests and riots, arrests and shootings.

In a news conference, Charlotte-Mecklenburg Police Department Chief Johnny Jennings said while recent changes have taken effect over the last several weeks, more are to come.

"We are strong and sincere when we say we are a learning agency, and that we are always looking for ways to improve our police department," Jennings said. "We’re not done. We have a lot of work to do, and we know that. We’re going to continue to do that work."

Jennings said the first of the changes made was strengthening a neglect of duty policy with a provision that requires officers to intervene if another officer is seen exhibiting an "excessive response" or a clear violation of department policy.

"We expect them to be able to intervene, step in and stop whatever action that is," he said. "We do have a pretty strict requirement for officers to do that at this point."

The department, the chief said, is also implementing Signal Sidearm devices that automatically activate an officer's body-worn camera any time his or her duty weapon is drawn.

In addition to the use of Signal Sidearms, the department is now requiring officers make a report describing what they did with their weapon each time it was drawn.

"For example: if that weapon was pointed at an individual, the officer will be required to report that at this point," Jennings said. "That’s already rolled out to patrol officers."

CMPD has also rolled out several new requirements for dispersing crowds during events like unruly protests or riots. Jennings said new de-escalation and dispersion policies took "a lot of work, a lot of time and effort and several weeks" to craft.

First, he said, the policy now requires officers to re-issue dispersal orders each time a group forms.

In short, if a group is ordered to disperse in one location, then forms again in another location, police are required to issue new dispersal order before taking action to break up the crowd such as using tear gas.

Further, officers are now required to identify and communicate all exit routes before ordering a group to disperse: "The dispersal order and exit routes will be communicated repeatedly, loudly and clearly," he said. Officers are prohibited from blocking exit routes with their bodies or with physical obstructions like barricades or fencing.

Touching on a hot-button issue that has been at the forefront of police reform discussion since the May death of George Floyd in Minneapolis, Jennings said CMPD has never allowed chokeholds or other restraints that restrict breathing.

Recently, he said, the department has added more specific language to its policy clarifying that any restraint that restricts air or blood flow to the brain is prohibited.

Lastly, the chief said CMPD has recently outfitted bike officers and tactical officers' uniforms with equipment that lets them wear body cameras.

"With the protective gear they wear, we didn't have the proper equipment," he said. "We’ve since been able to have that equipment installed on the leadership for our civil emergency unit. They will wear and activate their body worn cameras when they are engaged with the public in an operational capacity."

The chief said CMPD is still working on new policy reforms to better meet the demands of "8 Can't Wait," a campaign urging all police departments to immediately make eight life-saving changes to their policies.

"We continue to work with the Safe Community Committee to shore up some of the gaps, as well with 8 Can’t Wait," he said. "We’ve also been working with the architects of 8 Can’t Wait so we can make sure CMPD is compliant or at least making as much effort as we can to become compliant with the Eight Can’t Wait."

A community survey from CMPD aims to gain community feedback on policy changes that can help the department meet and exceed 8 Can't Wait demands.

"CMPD believes that '8 Isn't Enough!' the department's website states. "CMPD is a learning agency and continues to review opportunities to improve and ensure its policies and tactics are in-line with the department’s high standards. With that, we need your help."

Jennings said the department has received more than 5,000 survey responses to date, but the survey remains open to anyone hoping to share feedback.

"We particularly want to hear from the Latino community and African American community on how they want us to proceed," the chief said. "We feel like there’s still room for improvement there."