2020

INTERNAL AFFAIRS ANNUAL REPORT

INDIAN RIVER COUNTY SHERIFF’S OFFICE
Internal Affairs
2020-Annual Report
Sheriff Eric Flowers

Introduction

Pursuant to Agency policy, reviews and statistical reports are compiled concerning a wide variety of incidents involving Agency personnel. The primary categories of incidents are Grievances, Traffic Crashes, Response to Resistance, Medical Intervention, Vehicle Pursuits, Administrative Investigations, and Discipline. Discipline is a subcategory, which is applied in response to noted policy violations of the primary categories, but is also counted as a primary category for reporting and may include discipline for items not otherwise addressed through Internal Affairs assignment. Medical Interventions include instances in which an Automatic Electronic Defibrillator (AED), Tourniquet, or the deployment of Naloxone (EVZIO) was utilized. These incidents are analyzed to determine trends, or to identify training needs. During 2020, the Internal Affairs Section documented 350 reports, including all aspects of Sheriff’s Administration, Department of Law Enforcement and Department of Corrections concerning the below listed areas are as follows:

Grievances	01	(7 for 2019)	
Traffic Crashes	38	(28 for 2019)	
Response to Resistance	122	(77 for 2019)	
Medical Intervention	51	(43 for 2019)	
Pursuits	11	(03 for 2019)	
Administrative Investigations	127	(107 for 2019)	

In 2020, 350 reports were generated. This is a 32% increase from the year of 2019, in which a total of 265 reports were generated. In 2018, a total of 295 reports were generated.

NOTE: In 2020 60 incidents resulted in disciplinary actions.
(Refer to Analysis of Discipline chart below for more detailed information)

140
120
100
80
60
40
20
0

Grievances Traffic Crashes
Response to Resistance Medical Intervention Pursuits
Administrative Investigations Discipline

Bias Based Profiling

There were no reports of Bias Biased Profiling for the year of 2020.

For the year of 2019, there were no reports of Bias Based Profiling. For the year of 2018, there were no reports of Bias Based Profiling. The relative lack of reports or complaints of bias based profiling is reflective of the training Agency members receive in this area. This includes initial training through the Field Training Program and annual in-service training consisting of the following:

proactive enforcement tactics
officer/deputy safety
courtesy
cultural diversity
laws governing search and seizure
interpersonal communication skills.

The legal aspects of Bias Based Profiling are also an element of the Legal Update portion of annual in-service training. The training programs emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion and police interaction based on protected class status.

Grievances

There was one (1) Grievance filed for the year of 2020.

Grievance (1): This grievance was in reference to a request to be placed back on the requestors original shift after being transferred to different shift.

Upon review of the grievance, it was found that the move was in response to the needs of the agency. The grievance was denied.

For the year of 2019, there were seven (7) Grievances filed. In the year of 2018, there were no Grievances filed.

Disciplinary Action Appeals

There were no Disciplinary Action Appeals filed for the year of 2020.

In the year of 2019, there were no Disciplinary Action Appeals filed. In the year of 2018, there were two (2) Discipline Action Appeals filed.

The above appeals notwithstanding, the infrequent occurrences of Disciplinary Appeals in 2020 may be a reflection of, and attributed to, the validity of the Internal Affairs process and the proportionality of discipline imposed as it relates to the seriousness of the violations. The Internal Affairs Unit works closely with supervisors at the Department and Division level to ensure that all disciplinary investigations and discipline imposed at the Division level occurs in a manner that is consistent with policy, procedure and past practices.

ANALYSIS OF DISCIPLINE ADMINISTERED (AGENCY WIDE)
Discipline by Type

Offense Type	2018	2019	2020	
Misconduct Offenses	12	13	14	
Neglect of Duty	32	15	11	
Response to Resistance	01	01	01	
Avoidable Accidents:
Agency Owned Sheriff’s Office Vehicles	27	10	23	
Violations of the Law	03	03	04	
Job Knowledge/General Proficiency	05	04	07	
Insubordination	04	03	00	

With the exception of Avoidable Accidents, the above chart indicates a fairly consistent level of sustained violations with subsequent issuance of discipline within all offense types. Disciplinary Action was administered for 60 sustained instances occurring in 2020. In some instances, there were more than one sustained Agency policy violation for the same employee, which may require the issuance of more than one disciplinary action. The year of 2020 shows an increase of 130% concerning the issuance of disciplinary action with regards to the member involved Avoidable Accidents. The year of 2019 shows a decrease concerning the issuance of disciplinary action with regards to the member involved Avoidable Accidents in 2018. Members involved in an Avoidable Accident are subject to progressive discipline and at minimum, four (4) hours of remedial drivers’ training. Internal Affairs is aware that remedial training is reactionary to the incidents.

35
30
25
20
15
10
5
0
2018	2019	2020

Misconduct Offenses Neglect of Duty Response to Resistance Avoidable Accidents Violations of Law
Job Knowledge/General Proficiency Insubordination

Discipline by Component:

Division	2018	2019	2020	
Corrections	10	11	11	
Civilians	10	07	04	
Uniform	51	23	40	
Investigations	02	00	01	
Civil, Court	01	04	01	
Volunteer	01	00	03	
		
Totals	75	45	60	

80

60

40

20

0
2018	2019	2020

Corrections Civilians Uniform Investigations Civil, Court Volunteer Totals

Breakdown of Disciplinary Action Administered in 2020

[Table 1. D.A.]

Law
Enforcement	Amount	Corrections	Amount	Civilian/*Volunteers	Amou
nt	TOTALS	
Letters of
Counseling	34	Letters of
Counseling	10	Letters of Counseling	04
*03	51	
Letters of
Reprimand	01	Letters of
Reprimand	00	Letters of Reprimand	00	01	
Suspension 8
Hours	01	Suspension 8
Hours	00	Suspension 8 Hours	00	01	
Suspension 10
Hours	01	Suspension 10
Hours	00	Suspension 10 Hours	00	01	
Suspension 20
Hours	01	Suspension 20
Hours	00	Suspension 20 Hours	00	01	
Suspension	24
Hours	01	Suspension 24
Hours	00	Suspension 24 Hours	00	01	
Suspension 32
Hours	01	Suspension 32
Hours	00	Suspension 32 Hours	00	01	
Suspension 48
Hours	01	Suspension 48
Hours	00	Suspension 48 Hours	00	01	
Disciplinary
Transfer	01	Disciplinary
Transfer	00	Disciplinary Transfer	00	01	
Termination	01	Termination	01	Termination	00	02	
TOTAL	43	TOTAL	11	TOTAL	07	61	

There was an increase with regard to the Disciplinary Actions administered to the Uniform/Law Enforcement. This increase was predominately due to the increase in sustained avoidable accidents involving Agency owned Sheriff’s Office vehicles for the year of 2020.

There was a 33% increase for the year of 2020 from the prior year of 2019, in which forty-five
(45) Disciplinary Actions were administered. The year of 2019 shows a 41% decrease from the prior year of 2018, in which seventy-five (75) Disciplinary Actions were administered.

INDIAN RIVER COUNTY SHERIFF’S OFFICE EMPLOYEE TRAFFIC CRASHES

60

40

20

0
2018	2019	2020

There were thirty-eight (38) traffic crashes involving Agency owned Sheriff’s Office vehicles in the year of 2020. Of the thirty-eight (38) traffic crashes fifteen (15) were determined to be unavoidable and twenty-three (23) were determined to be avoidable.

The reported outcome for all crashes that occurred during 2020 are as follows:
Animal	01
Careless Driving	04
Drove Too Fast for Conditions	01
Failed to Keep in Proper Lane	01
Failure to Yield	02
Improper Backing	07
Inattentive	18
Following Too Closely	01
Improper Passing	01
Ran Off Roadway	01
Weather Related	01

As a result of the avoidable accidents, there were twenty-three (23) Letters of Counseling issued. All members whose crashes were avoidable attended a Remedial Driver’s Training Course.

There was a 36% increase in total agency traffic crashes for the year of 2020 from the year of 2019.

In the calendar year of 2019 there were twenty-eight (28) traffic crashes involving Agency owned Sheriff’s Office vehicles in 2019. Of the twenty-eight (28) traffic crashes, eighteen (18) were determined to be unavoidable and ten (10) were determined to be avoidable.

In the calendar year of 2018 there were forty-seven (47) traffic crashes involving Agency owned Sheriff’s Office vehicles. Of the forty-seven (47) traffic crashes, seventeen (17) were determined to be unavoidable and thirty (30) were determined to be avoidable.

2020 Response to Resistance Analysis

During the 2020 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 268,930 events for the Department of Law Enforcement. Of those events, 4233 arrests were made and those arrests resulted in 64 Response to Resistance Reports, which accounted for 1.51% of the total arrests and a ratio of 1:66 arrest. The percentage of arrests requiring response to resistance has increased by 64% from the previous year of 2019.

During the 2019 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 253,613 events for the Law Enforcement Bureau. Of those events, 4174 arrests were made and those arrests resulted in 39 Response to Resistance Reports, which accounted for 0.93% of the total arrests and a ratio of 1:107 arrests. The percentage of arrests requiring response to resistance has decreased by 43% from the previous year of 2018.

During the 2018 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 241,329 events for the Law Enforcement Bureau. Of those events, 4429 arrests were made and those arrests resulted in 68 Response to Resistance Reports, which accounted for 1.5% of the total arrests and a ratio of 1:65 arrests. The total percentage of arrests requiring response to resistance has increased by 0.3% from the previous year of 2017. This is a nominal increase.

Response to Resistance Incidents Compared to Arrests: Law Enforcement	
YEAR	Total Number of IRCSO
Arrests	Number of
Response to Resistance	% of Arrests when
Response to Resistance is Used	Ratio	
2018	4429	68	1.53%	1:65	
2019	4174	39	0.93%	1:107	
2020	4233	64	1.51%	1:66	

During the 2020 reporting year, 4776 inmates were processed through the Indian River County Sheriff’s Office Corrections Department. There were 42 Response to Resistance incidents documented in the Corrections Department, which accounted for 0.88% and a ratio of 1:114 inmates. The total percentage of incidents requiring response to resistance has increased by 10% from the previous year of 2019. This is a marginal increase.

During the 2019 reporting year, 5476 inmates were processed through the Indian River County Sheriff’s Office Corrections Bureau. There were 38 Response to Resistance incidents documented in the Corrections Bureau, which accounted for 0.69% and a ratio of 1:144 inmates. The total percentage of incidents requiring response to resistance has increased by 0.02% from the previous year of 2018. This is a minute increase.

During the 2018 reporting year, 5582 inmates were processed through the Indian River County Sheriff’s Office Corrections Bureau. There were 37 Response to Resistance incidents documented in the Corrections Bureau, which accounted for 0.66% and a ratio of 1:151 inmates. The total percentage of incidents requiring response to resistance has decreased by 1.27% from the previous year of 2017.
Response to Resistance Incidents Compared to Arrests: Corrections	
YEAR	Total Number of Inmates
Processed	Number of Response to
Resistance	% of Arrests when Response to
Resistance is Used	Ratio of UOF instances per
population	
2018	5582	37	0.66%	1:151	
2019	5476	38	0.69%	1:144	
2020	4776	42	0.88%	1:114	

The following table provides a statistical breakdown of Response to Resistance techniques used by members of the Indian River County Sheriff’s Office for the years of 2018, 2019, and 2020.

Response to Resistance by Lethal or Less-Lethal Type for Law Enforcement Bureau
Force Type	2018	2018
Percentage	2019	2019
Percentage	2020	2020
Percentage	
Physical:
Hands On	31	45%	13	33%	22	23%	
Chemical:
*OC Spray
/ **Pepper Ball	*01	1%	00	N/A	**05	5%	
Impact
Weapon	04	6%	05	13%	08	8%	
K-9	02	3%	03	8%	14	14%	
Taser	27	39%	14	36%	47	48%	
Firearm	04	6%	04	10%	02	2%	
Restraint
Chair	00	N/A	00	N/A	00	N/A	
Total
Incidents	69	100%	39	100%	98	100%	

The Taser remains the preferred non-lethal weapon of choice and during the year of 2020, increased from the year of 2019. With regard to the Law Enforcement use of response to resistance reports for the year of 2020, physical force, chemical/pepper ball, and the utilization of the K-9 has also increased compared to the previous year of 2019. The Impact Weapon had a slight increase. The year of 2019 shows a decrease in all areas with the exception of Impact Weapon, K-9 utilization, which only had a nominal increase. The total percentage of arrests requiring response to resistance by Law Enforcement has increased by 64% in the year of 2020.

Response to Resistance by Lethal or Less-Lethal Type for Corrections Bureau
Force
Type	2018	2018
Percentage	2019	2019
Percentage	2020	2020
Percentage	
Physical:
Hands On	25	68%	15	39%	18	41%	
Chemical:
OC Spray	00	N/A	09	24%	07	16%	
Impact
Weapon	00	N/A	00	N/A	00	N/A	
K-9	00	N/A	00	N/A	00	N/A	
Taser	12	32%	14	37%	19	43%	
Firearm	00	N/A	00	N/A	00	N/A	
Restraint
Chair	00	N/A	*05	N/A	02*	N/A	
Totals
Incidents	37	100%	38	100%	44	100%	
With regard to the Corrections use of response to resistance for the year of 2020, the utilization of physical force has shown a 20% increase from the year of 2019. The Taser has shown a 36% increase from the year of 2019. In the year of 2019, the utilization of physical force decreased by 40% compared to the previous year of 2018. Chemical spray usage has shown a slight decrease in 2020; however, relatively consistent with the year of 2019. The utilization of the Taser slightly increased for the year of 2019 compared to the previous year of 2018. The fluctuations with inmate population and more inmates who enter the facility dealing with substance abuse and mental health issues can be a contributing factor to the rise and fall in the use of the Physical / Hands-on force and Taser use within the Corrections facility during the year of 2020. The total percentage of arrests requiring response to resistance have increased by 16% with the previous year of 2019.

*Data in the Restraint Chair field data, due to its use in conjunction with a response to resistance, will populate. There were two (2) response to resistance instances, which required the added utilization of the restraint chair. There were forty-two (42) use of restraint chairs (non-force related).

*Note that in some instances more than one deputy may be involved and be required to utilize varying levels of force on one subject.

Response to Resistance Totals of Lethal and Less-Lethal to Include Law Enforcement and Corrections

140
120
100
80
60
40
20
0

2018	2019	2020

Physical
OC Spray/Pepper Ball
Impact Weapon
K-9
Taser Firearm
Restraint Chair

With regard to the shift data reflecting response to resistance incidents utilized by Law Enforcement, the B4 shift has the highest recorded incidents. This can be attributed to many factors including the given timeframe of occurrences (predominately Friday/Saturday evenings and nights). It is generally recognized that drug/alcohol use increases during these times which is evidenced by an elevated number of citizens frequenting alcohol-serving establishments, or consuming recreational drugs or alcohol at their residences. These issues increase the likelihood of officers encountering violent, intoxicated, confrontational, or armed offenders. Offenders exhibiting these variables are more frequently inclined to resist, fight, or flee from officers, which causes the Law Enforcement members to utilize a variety of levels of force to maintain control of these situations.

With regard to the shift data reflecting response to resistance incidents utilized by Corrections Bureau staff, the 1st and 3rd shifts have the highest recorded incidents. This can be attributed Law Enforcement conducing more arrests during these time frames involving offenders who are committing traffic violations, responding to calls for service in which offenders are violent, under the influence of drugs or alcohol and those offenders acting aggressive and hostile upon their arrival to the Indian River County Jail, during and after the booking process. These offenders are often inclined to offer resistance, cause disturbances, and are often going through a detoxification period, which requires the Correction members to utilize different levels of force to take control of these situations.

*Note that in some instances more than one deputy may be involved and be required to utilize varying levels of force on one subject.

RESPONSE TO RESISTANCE TECHNIQUES

The breakdown of the graphs above depicts the types of Response to Resistance techniques used by Law Enforcement and Corrections.

The above graph reflects the year 2020 Response to Resistance by race, gender and ethnicity. Response to Resistance incidents occurring involved fifty percent (50%) Caucasian males and thirty-seven percent (37%) African-American males. Five percent (5%) of the reports involved Caucasian females. Five percent (5%) involved African-American females. Two percent (2%) of the reports involved Hispanic males. One percent (1%) involved Hispanic females.

The Indian River County population estimates are currently 159,923 with a growth rate of 1.59% in the past year according to the most recent United States census data. Of this population estimate in relation to the above graph, 86.7% are Caucasian, 9.6% are African-American, and 12.7% are Hispanic or Latino.

Discharge(s) of a Firearm

During the 2020 reporting year, there were two (2) incidents where a firearm was utilized. Both of these incidents were consistent with Agency policy and procedures. During the 2019 reporting year, there were four (4) incidents where a firearm was utilized and each use was consistent with Agency policy and procedure. During the 2018 reporting year, there were four (4) incidents where a firearm was utilized and each use was consistent with Agency policy and procedure.

The low usage of firearms is attributed to the Indian River County Sheriff’s Office training in several types of response to resistance. This provides members the tools needed to overcome resistance with the most minimal amount of force necessary as well as training in de-escalation techniques as it relates to responding to resistance.

Vehicular Pursuits

In 2020 there were eleven (11) pursuits documented by the Indian River County Sheriff’s Office.

Administrative Investigations

During the year of 2020, there were a total of one-hundred and twenty-seven (127) Administrative Investigations.

SOURCE	Citizen	Inmate	Internal Complaints
(Supervisory, Employee, etc.)	
Totals	
2020	55	19	53	127	
2019	53	12	42	107	
2018	54	11	57	122	

140
120
100
80
60
40
20
0

2018	2019	2020

Citizen Inmate Internal Totals

ADMINISTRATIVE INVESTIGATIONS HANDLED BY COMPONENT

Component	2018	2019	2020	
				
LE Operations	37	20	35	
Internal Affairs	67	76	63	
Corrections	14	06	28	
Investigations	03	01	01	
Support Services	00	01	00	
Judicial Services	00	03	00	
Communications	01	00	00	
Civilians	00	00	00	
Sheriff’s Admin.	00	00	00	
				
Totals	122	107	127	

The dispositions of those cases are as follows:

Disposition	2018	2019	2020	
Unfounded	58	48	63	
Sustained	45	37	47	
Not Sustained	19	19	15	
Exonerated	09	03	02	
Employee Resigned Prior to Completion of Investigation; however, allegations were Sustained	04*
Number is included in Sustained Disposition*	03*
Number is included in Sustained Disposition*	04*
Number is included in Sustained Disposition*	
				
Totals	122	107	127	

A majority of the complaints originated from citizens (or supervisors) regarding employee conduct ranging from unprofessional conduct, courtesy, general proficiency, missed assignments, and neglect of duty offenses. During the year of 2020, there were fifty-three (53) Administrative Investigations. Twenty (20) of Administrative Investigations indicated below are the result of first line supervisor generated interventions which resulted in Letters of Counseling, completed by the immediate supervisor. Of the fifty-three (53) Administrative Investigations, 50% resulted in the allegations being Unfounded, 37% Sustained, 12% Not Sustained and 1% Exonerated. There was a 19% increase in the number of overall complaints received in 2020 from the previous year of 2019. There was a 12% decrease in the number of overall complaints received in 2019 from the previous year of 2018.

During the 2020 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 268,930 calls for service. This is a 6% increase in calls for service from the previous year of 2019. During the 2019 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 253,613 calls for service. During the 2018 reporting year, the Indian River County Sheriff’s Office Computer Aided Dispatch System (CAD) recorded 241,329 calls for service.

The mission of the Internal Affairs Unit is to protect the public trust and to maintain the integrity and accountability of the Indian River County Sheriff’s Office. The policy of the Internal Affairs Unit is to vigorously investigate and review all instances of alleged misconduct through, fair, and objective investigations. During the upcoming year of 2020, the Internal Affairs Unit will continue to ensure the continued confidence of the community by upholding the integrity of the Indian River County Sheriff’s Office. The implementation of Blue Team has been highly successful. We will diligently analyze Administrative Investigations and other Internal Affairs data to ensure compliance with departmental policies and procedures. This analysis will continue to ensure expedience of services, protection to the community we serve, and employee safety. We are dedicated to delivering our services in an efficient, courteous, and professional manner.