Law Enforcement Liability

Nine PERMA members have police departments. A verdict or settlement against a city’s police department can be decided on the smallest of incident details. In addition to officer actions and the agency’s training, many other areas also affect a case: venue where the case was filed, similar event that occurred recently, and media response. Law enforcement stands at an important crossroads considering major incidents that have attracted the national spotlight, calls for police reform, and challenges surrounding community trust and engagement. The information below was compiled to ensure PERMA members are aware of valuable law enforcement resources.

Lexipol

PERMA members with police, fire, and custody exposures have the option of participating in the Lexipol group purchase of risk management policies and training resources. Lexipol was created to help agencies run better and safer public safety departments. Lexipol resources include online training, wellness resources, grant services, an electronic policy management platform, as well as the digital communities Police1, FireRescue1, Corrections1, EMS1 and Gov1. Lexipol also offers courses designed to help officers better manage encounters with emotionally disturbed persons.

In 2022 the PERMA Board approved a two-year pilot program with Lexipol and four members. The pilot program includes start-to-finish project management on policy updates.  Lexipol customizes policy updates, integrates them into the agency’s online manual, and coordinates review and distribution to staff. It also includes one-time assistance designed for agencies that fell behind on policy updates. Lexipol will review pending policy updates, develop an implementation plan, integrate the updates into the existing manual, and coordinate review and distribution. As part of the service Lexipol will also provide monthly assistance to maximize the value and applicability of daily training bulletins (DTB) for each agency. They will adapt the monthly training packages to fit the parameters of each agency’s policy content, issue DTBs to personnel, and provide customized training reports and analysis.

For more information, to request sample policies, or to schedule a demo of the Lexipol Policy Solutions, please contact Lexipol at 844-312-9500 or info@lexipol.com.

International Board of Credentialing and Continuing Education Standards (IBCCES)

IBCCES offers Autism training and certification programs endorsed by the Autism Society of America for law enforcement, first responders, park and recreation, and aquatics staff. Information is available on the IBCCES website. Training is online and self-paced, allows starting/stopping for emergency calls/interruptions, and has a multiple-choice competency exam (no minimum retake). Pricing quantity discounts are offered.   If you have questions or need additional details contact Amanda Eager, (909) 497-1019 or amanda@ibcces.org.

Government Training Agency (GTA)

The Government Training Agency (GTA)/Regional Training Center (RTC) is a governmental agency created to provide high quality training and organization development consulting services to public agencies at a reasonable cost. GTA assists public entities in their efforts to develop and implement employee through training programs, seminars, training institutes, and other education courses, and GTA offers:

Additional Resources

AGRiP: Academic Research Could Help Us Better Understand Law Enforcement Liability (April 26, 2022)

Lexipol Partner Hub: Lexipol created a website page (Lexipol Partner Hub) to provide its partners with easily accessible, up-to-date resources on timely and important public safety topics.

PRIMA: Liability for Police Encounters Podcast – This podcast discusses the relationship between police and the mentally ill. Included in the conversation are methods the police utilize to interact with the mentally ill and the value placed on specialized law enforcement training in such encounters.

PRISM: PERMA partners with PRISM to provide liability coverage to members from $1M – $50M. PRISM offers law enforcement resources including POST certified training to PERMA members.

Vector solutions: Offers OSHA & Compliance, general, and accredited law enforcement training. Visit PERMA’s training page to learn more about how to access the training, much of which is offered free to PERMA/PRISM members.

California Police Shooting Investigation Teams

On September 30, 2020, Assembly Bill (AB) 1506 (Stats. 2020, ch. 326) was signed into law, which requires the California Department of Justice (DOJ) to investigate incidents of an OIS resulting in the death of an unarmed civilian. This mandate went into effect on July 1, 2021, at which point the DOJ, while working collaboratively with the respective local law enforcement agency (LEA), became responsible for the OIS investigation from the inception to the conclusion. The investigation will include the totality of the circumstances and analysis per California Penal Code § 835a, along with the legal review by California Department of Justice Deputy Attorneys General (see the Investigation Procedural Guidelines (July 2021)).

SB2 Resources:

POST SB2 Resources

Summary of SB2 and Peace Officer Eligibility (12/15/2021)

LCW Special Bulletin (September 30, 2021)

Peace Officer Decertification Workflow

Managing Distracted Driving in Law Enforcement – Part 1; Part 2; and Part 3