Traffic Accident Reduction

Traffic accidents are consistently at the top of OMAG’s list of more costly claims. As the number of accidents increase, injuries and fatalities increase. In the modern patrol vehicle, officers find themselves distracted by radios, phones, computers, and other controls. This affects the officer's search for traffic violators and criminal behavior. OMAG has a history of identifying and attempting to address these types of claims through multiple types of training, policy development, and workshops.

OMAG can assist your agency in reducing accidents involving city owned vehicles. To learn more, contact Kevin McCullough at 405-657-1408. You can also e-mail Kevin at kmccullough@omag.org

9 Benefits of Taking a Daily Walk

Walking is a natural activity that almost anyone can do. There are numerous health benefits to be gained from regular, brisk walking. Your overall health, brain, waistline, and mental health are all enhanced by walking.

1. Control blood glucose levels

   • A 15-minute walk after a meal has been shown to lower blood sugar in those with glucose control issues. The risk of type-2 diabetes is lowered by 60% in those that walk daily.

2. Enhance brain health

   • Walking has been shown to boost grades, memory, and creativity. Who knew you could get smarter, slimmer, and healthier from the simple act of taking a walk?

3. Opportunity to think & make decisions

   • A brisk walk takes you out of your home or office. A change in scenery can clear your mind and provide the mental space necessary to make a wise decision.

4. Strengthen your heart

   • A modest pace is enough to keep your heart in good shape. Walking has been shown to lower levels of bad cholesterol while raising good cholesterol. Walking is also good for your blood pressure. Walking reduces your risk of heart attacks and stroke. Thirty minutes a day is all it takes.

5. Control weight

   • A walk won’t undo the ravages of a triple bacon cheeseburger, but it does burn a few calories. More importantly, walking helps to keep your metabolism in shape. Excess calories are dealt with more effectively.

6. Cheap and easy

   • Aside from a pair of shoes, and even shoes are optional, you don’t need anything to go for a walk. There’s no complex skill to learn or expensive equipment to purchase.

7. Lift your mood

   • If you’re feeling a little blue, a short walk can give a needed boost to your morale. Those that walk regularly report having a better mood than those that don’t.

8. Reduce stress

   • Walking can take your mind off your challenges. It also metabolizes the biochemical and neurotransmitters that create the physiological feelings and symptoms of stress.

9. Increase your lifespan

   • The number of years you can expect to gain from 2.5 hours of walking each week is at least 3-4. Not bad for results from an activity that most people find enjoyable.

Creating A Winning Attitude

Your attitude can make or break you. It's virtually indisputable that your attitude determines how far you'll go in life and a positive mental outlook can help you achieve optimal success. 

Having a positive mental attitude helps you cope with challenges. When you're put to the test, you're more likely to find your inner strengths to overcome adversity, and that strength just might be your winning attitude. Whether or not you have the tools, skills, knowledge, or resources, your attitude can get you through tough times and come out on top. 

On the other hand, an attitude filled with negative overtones makes everything much harder. You can't win when you go into the contest prepared to lose! If you expect to do well, your attitude will create positive, winning thoughts that help you succeed. 

Cause and Effect  

It's important to realize that for every effect in our lives, there's a specific cause. Through positive thoughts, we can control these causes and change effects or outcomes. 

• In order to change your future for the better, you must first alter your thoughts in the present. 

For every positive seed you plant, your thoughts will grow and reward you with a positive harvest. Negative seeds have the opposite effect. They'll grow but result in a spoiled and fruitless crop. You can't plant negative seeds in your mind and expect positive results. It just doesn't work that way. 

A vivid and defining difference between people who are successful and those who aren't is the way they think. Successful people visualize their goals and take action to make them happen. 

Unsuccessful people dwell on the negative, spend their time and energy complaining, and worry about things that are unimportant. This negativity wastes time and energy that could be harnessed toward achieving your goals. 

Practice Makes Perfect  

If you hone your positive thinking skills and develop the mental attitudes of a winner, you'll be able to overcome challenges without giving up. No matter how discouraging things may get or how intently others may try to dissuade you, with your winning attitude, you will be unstoppable! 

A positive outlook enables you to focus on your goals with a tunnel vision that eliminates negative distractions and keeps you on a chartered course to success. 

• Train your mind to focus on the good. Develop a positive mantra or affirmation to help you overlook the negative and realize the power of optimism.

Train Your Mind 

We often worry about our physical fitness, but do we think much about the fitness of our minds? Just as we train our bodies for peak performance, we must also train our minds by coaching ourselves to think winning thoughts. 

An effective way to train your mind is to look at challenges as opportunities instead of obstacles. A problem is only a problem if you allow it to be one. With each challenge comes an opportunity to learn and improve. So, if you search for solutions, you'll find them. 

When you internalize this mindset, you're sure to develop a winning attitude for a lifetime and reap the rewards of true success and happiness.

The Importance of Law Enforcement Driver Training (LEDT)

Traffic crashes are consistently at the top of OMAG’s list of more costly claims.  As the number of crashes increases, injuries and fatalities increase.  In the modern patrol vehicle, officers find themselves distracted by radios, cellular phones, laptop computers or mobile communications terminals, in-car video systems, siren boxes, and lighting controls, as well as the constant search for traffic violators and criminal behavior. 

Police Officers arguably spend more time driving than any other single task. Sadly, the statistics that reflect the line of duty law enforcement deaths as a result of crashes doesn’t change much from year to year. According to the Officer Down Memorial Page (ODMP), there are nearly 41 officers killed each year in vehicle-related incidents. The unfortunate facts are that the roads are a dangerous place, and many police officers aren’t the expert drivers they would like to think they are. As budgets are evaluated and reduced, funds dedicated to training are typically the first to be cut.

OMAG has a history of helping members address high liability and safety issues through training videos, policy development, workshops, classroom training, practical driver training, and online training. It is because of this commitment to reduce risk and promote safety that OMAG partnered with OSU-OKC’s Precision Driver Training Center in 2006. This top-notch training program aids officers in recognizing their own skill level, the performance their vehicles are capable of, and the effect that environmental factors can have on vehicle operations.

As OMAG received reports on the quality of the training from course participants, we expanded the program to include not just police officers, but any member employee who operates a municipal vehicle. In recent years, the PDTC has trained municipal employees assigned to public works, water/wastewater, EMS, and fire service, as well as law enforcement. The offered courses are beneficial for refreshing and renewing perishable driving skills, as well as improving an individual’s driving techniques. OMAG pays the cost for any OMAG member to attend the PDTC program, which includes the use of an OSU vehicle and hotel stay for those who must travel over 60 miles to the training facility. OMAG members can find more information on OSU’s Precision Driver Training Center at OMAG.org.

About the author:

Kevin McCullough is a Law Enforcement Specialist and has been involved in public safety for over 40 years. McCullough is a nationally recognized instructor and has been teaching emergency vehicle operations and law enforcement driver training since 1988.

Say Goodbye to Computer Vision Syndrome

Prior to March of last year, I was aware that I spent way too much time staring at my computer screen(s). Since working remotely from home for most of 2020 and ALL of 2021 so far, I found myself experiencing tired, burning, itchy eyes at the end of most workdays. I finally broke down and made an appointment with my eye doctor. After visiting with my doctor and her staff, I came away with a better understanding of what I was experiencing and why.

Computer vision syndrome (CVS) may be spreading faster than any virus. Fortunately, proper eye care and simple adjustments are all that most adults need to reduce eye strain. Studies show that up to 90% of computer users experience at least one symptom of CVS. You’re at risk if you average 3 or more hours online each day. That probably describes most of the population, especially when they’re spending more time at home. The main symptoms include blurry or double vision, dryness, itching, redness, and sensitivity to light. CVS can also cause headaches and muscle soreness.

Preventing Computer Vision Syndrome

One study found that 71% of students sat too close to their monitors and 66% had their monitors set too high. Look at your environment and technology habits.

These tips can help prevent CVS:

1. Position your screen. Most experts recommend sitting about 24 inches away from your monitor and having the center of your screen about 4 to 5 inches below eye level. Adequate distance and looking down helps to prevent your eyes from drying out and working too hard.

2. Increase font size. Do you have trouble reading from that far away? Enlarge the type rather than squinting or stretching your neck.

3. Reduce glare. Online images are blurrier than print materials. Focusing will be easier when your screen is brighter than your surroundings. If necessary, pull the shades and switch to lower watt bulbs.

4. Shift your gaze. You may have heard of the 20-20-20 rule. Rest your eyes by looking at something 20 feet away for 20 seconds every 20 minutes.

5. Take breaks. Go offline for at least 15 minutes after working for two hours straight. Exercise, eat a healthy snack or chat with someone face to face.

6. Blink more. Research shows that we blink slightly less online, and that adds up over time. Remind yourself to blink frequently to rehydrate your eyes. Using a humidifier and avoiding fans on your face will help too.

7. Quit smoking. Eye strain is one more reason to give up tobacco. Make a concrete plan and set a date to quit.

8. Limit screen time. Healthy habits will make your time online more pleasant, but only if you observe sensible boundaries. Block out technology free zones each day, like mealtimes and 2 hours before bed.

Treating Computer Vision Syndrome

Left untreated, even minor eye issues can interfere with your productivity and wellbeing. See your eye doctor at least once a year.

These strategies will help you deal constructively with CVS:

1. Update your prescription. Are you tilting your head or leaning toward your screen? You may need new glasses.

2. Use special lenses. Maybe you need a different set of glasses for working online. Progressive lenses can help if you often switch between printed material and your screen. Special coatings can increase contrast and cut down on glare.

3. Apply drops. If your eyes are extra dry, let your doctor know. They may recommend over the counter moisturizing drops or give you a prescription.

4. Train your brain. Brain and eye coordination is another issue that can lead to CVS. An ophthalmologist can perform special tests to make a diagnosis. If necessary, they’ll prescribe visual therapy and give you exercises you can do at home.

5. Keep a log. Tracking your symptoms is a proven way to increase the quality of care you receive. Make a list of concerns and questions you want to discuss with your doctor.

After my latest doctor appointment, I put some of my new knowledge to work. I adjusted my monitors to the suggested distance, and I have a pair of prescriptions glasses that I use only when I’m working in front of my computer.

Computer vision syndrome can make you uncomfortable and interfere with your daily activities. Find relief by establishing healthy computer habits and talking with your eye doctor. It also helps to set sensible limits on the time you spend online.

Executive Order No. 13929

In June President Trump issued an Executive Order requiring certain standards to be met prior to receiving federal funding through the Department of Justice (DOJ). DOJ pushed out information last week that established guidelines within the Executive Order. Within the process, DOJ has selected the Oklahoma Law Enforcement Accreditation Program (OLEAP) as the credentialing body for our state. This is the accreditation program managed by the OACP.

Many of our Chiefs recently received an announcement from the Department of Justice on President Donald J. Trump’s recent Executive Order No. 13929. The information included guidelines for all law enforcement agencies that receive Department of Justice discretionary grant funding. This action requires any state, local, tribal, and university or college law enforcement agency that has obtained (or are in the process of seeking) credentials to certify that they meet certain mandatory and discretionary standards for safe policing. The Oklahoma Law Enforcement Accreditation Program (OLEAP) operates under the authority of the Oklahoma Association of Chiefs of Police (OACP) and is recognized by the US Department of Justice as the credentialing body for Oklahoma.  

This process must be completed and reported to the DOJ by January 31, 2021. Fortunately, the OLEAP has developed the credentialing process and the time to initiate this process is NOW. You can review the process and download the form from the OACP website at https://okchiefs.org/executive-order-13929

Lexipol - Police Policy Development Tools

Are you a Police Chief, or an officer responsible for developing policies for your law enforcement agency?  If so, it’s time to spring into action and take advantage of another OMAG Value Added Service. We’ve reached the two-year mark since the Title 11 policy mandate went into effect.  As of January 1, 2016, every municipal police agency has been required to have written policies which address critical safety and liability issues which officers are confronted with on a regular basis. 

The Oklahoma Municipal Assurance Group has assisted our law enforcement agencies with policy development for over a decade now.  Two years ago, OMAG took policy development assistance to the next level by partnering with Lexipol. Have you considered Lexipol and just need assistance with getting started?  Are you stuck in the middle and just can’t find the time?  Your OMAG Law Enforcement Specialist can come alongside you and assist in the development and implementation of your new policy manual. 

If you would like to learn more about Lexipol, the country’s premier policy development tool for law enforcement, contact Kevin McCullough at 405-657-1408.  You can also email Kevin at kmccullough@omag.org.

Caring for Oklahoma Municipal Cemeteries

For many, this will be the first year to honor their loved one on Memorial Day.  Ribbons, flowers, flags, balloons, and crosses decorate resting places and celebrate those held dear.  Although the decorations begin appearing the last weekend of May, preparation of the cemetery began months ago.  When family or friends visit, all they will notice is the condition of their loved one’s grave. You want to make sure that what they see is a clean, well-maintained site.

In maintaining the cemetery, the single most damaging lawn maintenance activity (to headstones) is mowing.  In addition, mowing is frequently the single largest cemetery expenditure.  It is critical that lawn mowing is done in a manner the protects the monuments, as well as the lawn.  The most serious issue is the routine removal of grass in the immediate vicinity of gravestones and tombs.  The best practice is to mow to within 12-inches of markers and finish the work using hand shears.  This approach, however, is almost universally cost prohibitive.  Another approach is the permanent removal of grass around the bases of stones.  The solution is usually discouraged since it creates an unnatural and unattractive landscape and its long-term maintenance creates additional costs and threats to the stone (especially since there will be an inclination to use weed killer as a simple solution).

The best workable solution is to use no power mower within 12-inches of the markers.  Weed whips (rotating nylon filament trimmers) may then be used – with extreme care – to finish the job up to the stone.  For these procedures to cause minimal damage, four precautions are absolutely critical:

1. The maintenance crew must be carefully trained and closely supervised.  They must understand that the historic markers are very fragile and that the activities used on residential or commercial grounds are unacceptable for cemeteries.

2. Only walk behind mowers should be used – riding mowers offer too little control and operators are too inclined to take chances in an effort to speed the mowing up and get on to another job.

3. All mowers – even when used no closer than 23 inches – must have bumper guards installed to offer additional protection.  This can be achieved by using cable ties to attach closed cell foam, such as that used for the insulation of pipes, to the sides, front, and rear of all mowers.

4. The nylon string in the trimmers must be the lightest gauge possible – no heavier than 0.09 inch.

Perhaps the best protection from mower damage, however, is the active involvement of the superintendent in the oversight of landscape maintenance operations – inspections by the superintendent should be made during and after mowing operations.

Emergency Planning: ESFs = Relationships

After patrolling the streets and training police officers for The City of Oklahoma City for over 15 years, I found myself assigned to The Office of Emergency Management.  My first task was to assist in the development of an Emergency Operations Plan (EOP).  I dusted off the Civil Defense Plan from the 1960’s and 70’s.  The old plan was of little to no help to me at all.  The Emergency Manager and I contacted FEMA and turned to the Federal plan for guidance.  This was my first encounter with Emergency Support Functions (ESFs). In developing the city’s new EOP, it was crucial to not only identify which functions applied to us, but to also identify the appropriate departments and agencies that would provide the essentials of those functions. I would also need to seek out who would be coordinating that function.

The ESFs provide the structure for coordinating interagency support and they group functions most frequently utilized during disasters and other catastrophic incidents. The ESFs are designed to coordinate closely with one another to accomplish their missions. An essential step in my personal process was to meet each ESF coordinator.  I visited with department and agency heads, face-to-face, and together we evaluated their resources, developed a draft ESF, and met again to review our work.  I did not rely solely on the obvious.  I asked each coordinator what else they could do. What tasks could they perform? What were their capabilities? During these interactions, I was able to put a face to a name and develop a good working relationship with each coordinator.  I refused to have my first meeting with these people during a disaster response or event call-out.

Within the OMAG membership, our cities and towns may be the size that we know everyone that works for our municipality. What we may not know is what resources we each have to offer. Which functions can we support and which functions will we need to turn to the community or outside agencies to fill? A municipality may need to turn to Ham Radio Operators to assist with emergency communications or a local restaurant owner to help with providing meals for disaster victims and workers. These relationships need to be developed NOW! 

Get out and about.  Have coffee or sweet tea with Department Heads.  Exchange ideas.  Put a plan in place.  Practice that plan.  Your response will be more effective and less hectic. 

To learn more about the development of your Emergency Operations Plan and ESFs, search many quality resources at fema.gov.

Body Worn Video and Records Retention

BODY WORN VIDEO AND RECORDS RETENTION
With the popularity and affordability of Body Worn Video (BWV) equipment, many OMAG members are purchasing devices for their police officers.  Members learn quickly that the expense of the equipment purchase doesn’t compare to the cost of storing the video or data. OMAG Legal receives regular inquiries regarding storage/retention requirements and issues when it comes to BWV. As a service to our members, OMAG’s Legal and Risk Management Departments have developed this article addressing the most frequently asked questions regarding BWV retention.  

As of this writing, there is no legal obligation to store body (or dash) camera videos for any length of time. As such, the decision to store or not store is left to the municipality subject to the requirements of State law. The municipality should consider adopting a retention policy that takes into account the legal factors outlined in the statutes discussed below. In particular, if there is video of a use of deadly force (whether it causes death or just injuries or even where no one is actually hurt), those videos should be preserved (OMAG recommendation) and should be sent to OMAG Legal for review. Videos depicting a use of force incident causing significant bodily injury should also be preserved (OMAG recommendation).  The Statute of Limitations for Civil Rights claims is 2 years and there is a 6 month grace period to serve a Civil Rights suit after it is filed. For video capturing incidents which may lead to a Civil Rights claim, a 3 year retention would be ideal and a best practice.

The following Statutes are implicated when determining whether BWV videos should be preserved.

OPEN RECORDS ACT
“In addition to other records which are kept or maintained, every public body and public official has a specific duty to keep and maintain complete records of the receipt and expenditure of any public funds reflecting all financial and business transactions relating thereto, except that such records may be disposed of as provided by law.” 51 O.S. 24A.5. “Except as may be required in Section 24A.4 of this title, this act does not impose any additional recordkeeping requirements on public bodies or public officials.” 51 O.S. §24A.18. So the Open Records Act applies to records already in existence but only requires that financial records be kept. And even financial records can be disposed of “as provided by law.” Law Enforcement records have a specific statute, Section 24A.8, which mirrors this general non-requirement “Nothing contained in this section imposes any new recordkeeping requirements. Law enforcement records shall be kept for as long as is now or may hereafter be specified by law. Absent a legal requirement for the keeping of a law enforcement record for a specific time period, law enforcement agencies shall maintain their records for so long as needed for administrative purposes.” 51 O.S. §24A.8(C); see also Oklahoma Assoc. of Broadcasters v. City of Norman, 2016 OK 119, ¶¶25-30 390 P.3d 689 (Sec. 24A.8 is part of the entire Act and any ambiguities regarding disclosure obligations will be resolved in favor of disclosure). The question is whether any other law would apply because the Act may not require retention but it does specifically limit that “this act” does not impose requirements thus opening the door for other Statutes.

RECORDS MANAGEMENT ACT
“"Local record" means a record of a county, city, town, village, township, district, authority or any public corporation or political entity whether organized and existing under charter or under general law unless the record is designated or treated as a state record under state law.” 67 O.S. §203(c). “The governing body of each county, city, town, village, township, district, authority or any public corporation or political entity whether organized and existing under charter or under general law shall promote the principles of efficient records management for local records. Such governing body shall, as far as practical, follow the program, established for the management of state records. The Administrator shall, insofar as possible, upon the request of a governing body provide advice on the establishment of a local records management program.” 67 O.S. §207. 

“[S]hall, as far as practical, follow the program, established for the management of state records.” The Attorney General has declined twice to say what “as far as practical” means. See 2001 OK AG 46, ¶27, 2002 OK AG 13, ¶8 (in both instances the Attorney General opines that this is beyond the scope of the his opinion authority under 74 O.S. §18b(A)(5)). There is no need to fret: the Act delegates the authority to draft records retention policies to each agency of the state. 67 O.S. §206. The guidance in drafting a policy from the administrator is “How long do I keep records? Each record has its own disposition/retention schedule, which indicates the minimum length of time the record should be kept. A record’s retention period is based on its administrative, fiscal, legal or historical value.” Link. The Act does state “Except as otherwise provided by law, no state record shall be destroyed or otherwise disposed of unless it is determined by the Archives and Records Commission that the record has no further administrative, legal, fiscal, research or historical value.” 67 O.S. §210. §206(A)(1) and (3) arguably create a Cost/Benefit Analysis approach to the adopting of policies on retention: “[Each Agency head shall] Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency” and records can be submitted to destruction when the record is “not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal value to warrant their further keeping.”

OMAG recommends that each municipality adopt policies on retention that take into account whether the record is needed for current business transactions and, if not, whether the record has administrative, legal, fiscal, research and historical value of records and then provide for their retention based on those factors. 

UNIFORM ELECTRONIC TRANSACTIONS ACT
Two defined terms that are relevant to the discussion are “"Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means” and “"Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.” 12A O.S. §15-102(9) & (11). So the act is going to apply to cities and towns, but the Act is very deferential to government to decide its retention for itself: “Each governmental agency of this state, in cooperation with the Archives and Records Commission, shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.” 12A O.S. §15-117. The Commission that is referenced was originally created by 74 O.S. §564, but it’s since been moved to 67 O.S. §305. The statutes limit the jurisdiction of the Commission to the State and its Agencies and does not define State as including political subdivisions.

OMAG’s opinion is that this Act applies to  municipalities and would apply to body cam video, but imposes no affirmative requirements on retention.

BWV CATEGORIES
Police Officers utilizing BWV devices must adhere to a department policy that not only governs the initiation and termination of recording, but also the categorizing of the recording.  At the end of recording, or end of shift, the officer must choose if the video segments are critical, non-critical, or would be considered evidence.   For the purposes of BWV categories, a few examples of critical, non-critical, and evidence are listed below:

I.    Critical
  a.    Vehicle stop where seizure and/or arrest is made
  b.    Injury to an officer or suspect
  c.    Use of force
  d.    Formal or administrative complaint/investigation
  e.    Or as determined by policy
II.    Non-critical
  a.    Warnings
  b.    Tickets
  c.    Routine interactions with public
III.    Evidence
  a.    Any images or video captured that an officer reasonably believes constitutes evidence in a criminal case

OMAG recommends a 3 year retention for a critical category and a 180 day retention for non-critical category.  Evidence should be maintained for the amount of time required by statute, until the case is adjudicated, or all appeals have been exhausted. 

Body Worn Video and Records Retention was written by Matthew Love and Kevin McCullough.  You may contact the authors at mlove@omag.org or kmccullough@omag.org .  The information in this bulletin is intended solely for general informational purposes and should not be construed as or used as a substitute for legal advice or legal opinion with respect to specific situations, since such advice requires an evaluation of precise factual circumstances by an attorney.