COUNTY OF OAKLAND

OFFICE OF THE SHERIFF

MICHAEL J. BOUCHARD

POLICING 2.0

After recent events that have transpired across the United States, it is time for both law
enforcement agencies, the government, and communities to make updates to best practices and
policies that are needed to strengthen existing relationships and repair those that are broken.
Police executives believe in and demand accountability of their employees and further, that those
that do wrong should be held accountable.

Unfortunately, state legislatures and Congress continue to introduce knee-jerk, reactionary

legislation that is harmful for communities and for law enforcement officers that strive to protect
the citizens. It is time for law enforcement agencies to update their training and hiring standards
to ensure only those individuals who are vigorously screened, highly trained and competent
officers serve their communities.

The context that surrounds law enforcement today is often not discussed. First, we value all life
in all situations. On average, justifiable homicides by law enforcement averages 400-500
individuals per year. By comparison, a recent study states the number of individuals who die from
medical errors is around 440,000 per year. This is the third leading cause of death in America.
Yet, these deaths are not covered or reported on the 24/7 news cycle. There is no steady echo in
the Capitol halls which demand the medical world needs reform. Every life matters. However, so
does context.

The number of line of duty deaths is increasing as well. In 2019, 147 officers and 28 K-9s gave the
ultimate sacrifice. In 2020, 328 officers and 21 K-9s lost their lives in the line of duty. In
comparison, those fighting for our freedom overseas in Iraq and Afghanistan have suffered far
less casualties in the same time period. Today, you are hearing that more law enforcement
officers feel they are suffering the same stigma and treatment as Vietnam Veterans did when
they returned home in the 1970’s. They are doing one of the toughest jobs in an increasingly
hostile environment. Reforms need to understand the totality of the reality and address them all.
We have sought these reforms since 2015 and this document is constantly updated to reflect
those changes.

The following sections will discuss updates to areas in legislation, training and hiring standards,
and agency best practices.

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 LEGISLATIVE UPDATES
The following should be implemented under Michigan law in order to update the current
policies and laws that are inadequate to meet today’s needs in law enforcement. These changes
not only help preserve the integrity of law enforcement but allow the public transparency into
their local agency.

1. State mandated reporting for all officer-involved shootings involving human injury or death
and all in-custody deaths. The federal government should not mandate these reports. Local
policing is not a federal duty or articulated power.
a. There have been instances where information and data has been inaccurate and
unavailable in terms of officer-involved shootings and in-custody deaths. The state
should require these instances be reported to and compiled by the state.

2. Any time use of force is involved in an incident to overcome active resistance a

report should be required.
a. Whether an officer uses a firearm, TASER, other restraint equipment or
physical force, a report should be required.

3. Training and hiring standards need to be changed for fully MCOLES licensed law
enforcement officers as well as for any reserve or auxiliary officers.
a. Law enforcement agencies should conduct thorough background
investigations and perform psychiatric evaluations on new hires.
b. Currently, there are few requirements and standards promulgated in
statute for reserve and/or auxiliary officers. Reserve officers should be
required to attend a training academy, be required to work a certain
number of hours per year and participate in regular use of force and
firearms training.
c. Polygraph examinations should be permitted in the hiring process.

4. Michigan statute MCL 37.273 needs to be reformed for law enforcement hiring as it
currently prevents a potential employer from ascertaining certain information that
could preclude a job applicant from being hired. This should be modified in order
for law enforcement agencies to access personal internet accounts during a job
applicant’s background check.

5. In cases where an officer has been fired for excessive use of force, an arbitrator
should not be able to order the individual to be rehired under any circumstances if
the arbitrator has ruled excessive force was used.
a. There have been cases of those found to have used excessive force be
required to be rehired due to an arbitrator’s decision

6. Local law enforcement agencies need the state to allow a ‘Hold Harmless Clause’ to
be used for conducting background investigations for new hires. This would enable
agencies to gather any information related to an employee without the former
agency fearing a lawsuit. MICHIGAN PASSED IN 2017.
a. Currently, due to liability issues, agencies will not verify any information
pertaining to a former employee other than dates of employment.
Anything related to disciplinary measures or misconduct is not shared with

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 other agencies, which is vital information for the hiring agency to have
when making decision regarding new hires.

7. Asset forfeiture laws should be reformed to include mandatory annual reporting to

the state for any agency that participates in the forfeiture process. Additionally, the
forfeiture laws should change the standard used to ascertain a direct criminal nexus
from ‘preponderance of the evidence’ to ‘clear and convincing.’ All instances will
have due process. MICHIGAN LEGISLATURE PASSED BOTH REFORMS in 2017.
a. Currently, not all agencies that use the forfeiting process are mandated to
report. Annual reports to the state ensure transparency for agency leaders
and the public.
b. Raising the standing from ‘preponderance of the evidence’ to ‘clear and
convincing’ safeguards the public against agencies that do not present a
case that has a direct nexus to criminal activity.

8. Body-worn camera footage should be FOIA exempt except where a complaint has
been made. A complaint would trigger an investigation, the footage be mandatorily
held and at the conclusion of the investigation a release of the footage and the
findings. Both the conclusion and the footage are subject to FOIA. These complaints
must be made within the retention period set by the Legislature.
a. Many agencies around the United States have had to shut down their
body-worn camera program due to the burden of Freedom of Information
Act (FOIA) requests that were made by a host of curious people as well as
“real” TV producers. At times, they have requested every bit of footage
from every officer working. Due to exemptions and privacy issues,
reviewing the footage is a lengthy, expensive process because of redaction
and current FOIA exemptions that already exist in law (HIPAA privacy data
etc.). The cameras should be on from start to end of shift. These cameras
would capture very personal, sad, and embarrassing moments for the
public we see and serve, and we should not violate their privacy unless it
is for a police accountability situation in that moment.

9. Funding for training facilities is necessary to provide high-level programming for all
law enforcement agencies. If we seek better outcomes in dangerous situations
where split-second decisions are made, one of the best paths is through state-of-
the-art realistic training. The State of Michigan needs to invest more dollars into
training. A match requirement for funding for building of these facilities would
demonstrate the commitment by law enforcement.
a. Congress and the Michigan Legislature have continued to cut money
devoted to training and training facilities yet want police agencies held
accountable when training failures have existed.
b. As a starting point, the state should set aside $50 million dollars with a
required 50% match to build new local training facilities throughout the
state where federal and local law enforcement can train and learn the skills
required of the job. The 50% match assures local commitment. A minimum
of $1 million and a maximum of $5 million could be allocated to any one
project.

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 TRAINING AND HIRING UPDATES
Training and hiring standards are in need of updating. Police agencies must be able to focus on
internal policies that will ensure the brightest and best serve in our communities. These internal
policy changes, coupled with the state mandated changes suggested earlier, would dramatically
reform a system in need of change.

10. Agencies should:

a. Conduct mandatory background investigations
b. Be allowed to conduct pre-employment polygraph examinations
c. Place a priority and make a continual effort on recruiting in minority communities
d. Include basic, yet important questions on hiring applications
i. Have you ever been discharged, asked to resign, or resign in lieu of
discharge from any employment?
ii. In any previous employment, have you been investigated for excessive
force?
iii. Have you ever been denied employment from a law enforcement agency?
iv. Were you ever subject to disciplinary action in any previous employment?
v. Have you ever used any illegal narcotics or drugs? If yes, explain what you
used, when you used it, and for how long you used it. Do you possess a
medical marijuana card?
vi. Have you ever been convicted on a Domestic Violence charge? Have you
ever been arrested or investigated for Domestic Violence? If yes to either
question, explain.
vii. Describe ANY and ALL contacts you have had with Law Enforcement both
as a juvenile and/or as an adult. This should include any arrests or
interviews. Be advised that MCLA 780.623 allows Law Enforcement
Agencies access to records for convictions even if they have been
expunged. Detail all contacts, including the Law Enforcement Agency, date
of the incident, and the final disposition. (You MUST include Holmes
Youthful Training Act and Expunged Records.)
viii. Have you ever been dismissed or suspended from any Police or Corrections
Academy in this state or elsewhere?
ix. Do you currently hold, or have you previously held, a license for ANY
profession in this state or elsewhere? If yes to either, please provide the
type of license, state of issuance, and date of expiration. If your license
was rescinded or revoked for any reason, please explain.
x. Have you ever been committed to a mental health facility in this state or
elsewhere? Have you ever been determined mentally incompetent? If yes,
please explain.

If applicants were found to have given any false statements in these questions, they would
be subject to termination.

11. Law enforcement agencies should place a priority on the training of all of its
employees:
a. The Michigan Legislature should increase MCOLES funding for training of
law enforcement
b. Agencies should require frequent use of force training

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 c. Mandatory training for all employees should be required in all these key
areas:
i. Cultural Diversity
ii. Crisis Intervention Training (CIT)/Mental Health
iii. Special Needs/At-Risk Populations

BEST PRACTICES FOR AGENCIES

Police agencies regardless of size or location, need to place a priority on rebuilding the trust of
the community and strengthen relationships throughout their jurisdiction.

12. Law enforcement agencies should develop and deploy community-based programs that
provide services to the public.
a. The Oakland County Sheriff’s Office maintains the following community programs:
i. Adopt a Veteran: For over ten years, the Sheriff’s Office has
provided gifts and support to a soldier’s family around the holidays.
The OCSO is proud to assist these families, referred by Veteran’s
Services, and give back to those who have given so much through
service to our country.
ii. Angels Night: A Halloween celebration sponsored by the Sheriff’s
Office and the Deputies for Kids Foundation which allows for a safe
environment for trick-or-treating in the City of Pontiac.
iii. Attendance Heroes with United Shore and Pontiac Schools:
Partnering with United Shore Mortgage and Pontiac Schools to
encourage kids to strive for perfect attendance throughout the
school year. This is one more way the Sheriff’s Office is striving to
encourage young people to reach their full potential
iv. Bears on Patrol: Collections occur throughout the year to equip
patrol cars with stuffed animals for children who may be faced with
hardship or crisis.
v. Cadet Program: The Sheriff’s Office offers a cadet program for all
Oakland County youth who are interested in careers in the law
enforcement field. These cadets assist at many Sheriff’s Office and
Oakland County events including festivals and parades.
vi. Chaplains Corps: This valuable program serves as a resource to
Deputies, civilian staff, their families, and the victims and families
of crime in the community. They are experienced chaplains who
are on-call 24/7, able to respond immediately to emergency or
non-emergency situations which require some form of counseling
or spiritual or emotional guidance
vii. Coats for the Cold: This is an annual coat drive which collects new
or gently used coats, and outerwear to be distributed to local
charities and those in need.
viii. Coffee with the Sheriff: Sheriff Michael J. Bouchard has been
hosting “Coffee with the Sheriff” events since 2014 around Oakland
County in an effort to reduce barriers with residents and allow for
meaningful conversations with the public
ix. Community Parades: The OCSO is proud to participate in many
holiday and community parades in the county which are enjoyed
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 by children and adults alike. The public has come to know the
Sheriff’s Office through these positive interactions.
x. Cops and Cribs: Partnering with the Health Division, the Sheriff’s
Office began the COPS-N-CRIBS program in 2015. It is designed to
provide free, portable cribs to families in need of providing a safe
sleep environment to an infant.
xi. Document Shredding: The OCSO has been teaming up with local
document shredding companies and Parks and Recreation for the
past fourteen years to offer free confidential document shredding
to Oakland County residents.
xii. Easter Bunny Hospital Visits: For over 15 years, Sheriff Bouchard
and the Easter Bunny have paid visits to area hospitals’ pediatric
wards to brighten the day of children who are ill and may not be
home for the Easter Bunny’s visit.
xiii. Lock-It-Up Oakland With Gun Locks: The gun lock giveaway is
sponsored by the Board of Commissioners, the Sheriff's Office, as
well as other local area law enforcement agencies, as well as the
National Shoot Sports Foundation, in partnership with Project
ChildSafe providing free gun locks to anyone who would like one.
The Sheriff’s Office is committed to suicide prevention awareness
and providing gun locks are a valuable resource for suicide means
restriction.
xiv. Mandy’s Place Project: On Christmas morning 2020, the Sheriff’s
Office embarked upon a new project, providing some Christmas
cheer to children staying at Mandy’s Place. Mandy's Place provides
short-term housing for children ages 0-18 who have been removed
from their homes by the court due to neglect, abuse and status
offenses. This project was created by former Oakland County
Prosecutor and Judge Jessica Cooper and was adopted by the
Sheriff and will continue in future years.
xv. Medically Assisted Treatment: A Medically Assisted Treatment
(MAT) program in the Oakland County Jail and it has already proven
itself successful in getting those battling addicting into proper care
and treatment. Innovative programs involving evidence-based
treatments are necessary to combat the opiate epidemic.
xvi. Operation Medicine Cabinet: A prescription drug take-back
program, approved by the Drug Enforcement Administration that
allows the public to drop off expired or unused prescription
medications to participating law enforcement locations.
xvii. Project Graduation: Participating schools in Oakland County
receive a letter of congratulations and encouragement from Sheriff
Bouchard for each of their graduating seniors.
xviii. Rides to Recovery: This program allows for alternatives to
incarceration for someone who is battling substance abuse and
meet the criteria for substance abuse treatment. This program is in
conjunction with the Oakland Community Health Network.
xix. School Resource Officers: The Sheriff’s Office provides School
Resources Offices to contracted school districts to provide extra

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 vigilance, guidance, and security to classrooms and schools across
the county.
xx. Senior Cell Phone Program: Oakland County seniors can visit the
Sheriff’s Office and pick up a free cell phone that may be used for
911 emergencies when needed.
xxi. RE-Cycle for Kids: Donated bikes are refurbished and given to
children that are in need of a bike.
xxii. Sheriff’s Relations Team (SRT): This is a group of elected officials,
community leaders, business owners, clergy, and neighborhood
activists from the City of Pontiac that meet monthly to strengthen
the relations between the Sheriff’s Office and the community.
xxiii. Sheriff’s Police Athletic League (PAL): This program developed from
the SRT group, was launched to provide intramural sports
opportunities and leadership guidance to the youth in the City of
Pontiac. In the future, PAL hopes to expand to other Oakland
County communities.
xxiv. Shop with a Cop: Each December, the Sheriff’s Office partners with
local big box retailers Meijer and Walmart, and local youth groups
to identify kids and families in need. Deputies shop for holiday gifts
with children for their loved ones with gift cards provided by the
retailers.
xxv. Soak N’ Summer: This is a summer event put on for various kids’
organizations in Oakland County. The day is spent at an Oakland
County Parks waterpark where food, fun, and a safe environment
are provided.
xxvi. STOPPED Program-Sheriffs Telling our Parents and Promoting
Educated Drivers: This is a voluntary parental notification system
which allows parents to register vehicles for notification of a patrol
stop. This program was developed by the Michigan Sheriff’s
Association.
xxvii. Student of the Month: School districts around Oakland County may
submit Student of the Month nominations and each student will
receive a certificate and bumper sticker from Sheriff Bouchard.
xxviii. Treats for the Troops: A Halloween candy drive collected from local
youth and schools to send candy to Troops serving overseas.
xxix. U-Turn Program: The U-Turn program is collaboration between the
Sheriff’s Office and Oakland County Youth Assistance designed to
change the behavior of teenagers who are headed down the wrong
path.
xxx. Variety Feeds Kids with the Oakland County Sheriff’s Office: In
partnership with Variety Feeds Kids and Meijer®, each child in
selected low-income schools a backpack full of food for the
weekend.
b. Educational Opportunities
i. Boater Safety
ii. Child Internet Safety Programs
iii. Hunting Safety

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 iv. Off-Road Safety
v. Snowmobiling Safety
vi. Women’s Self Defense

MEDIA RELATIONS
Both law enforcement agencies and the media need to work together to ensure that the public
is relayed accurate and reliable news. Inaccuracies have often fueled tensions between police
officers and the citizens they are sworn to protect.

13. Agencies should develop relationships with local media and invite them to
participate in training such as use of force simulators to better understand what
scenarios police are presented with.
a. Inviting media to better understand the realities of policing leads to better
reporting and accurate accounts shared with the public.
b. To the extent possible, police agencies should make themselves available
and accessible to the media.

14. Further, law enforcement should share statistical information and current, correct
terminology with the media to provide a more realistic view of any incident that
may occur.
a. The media often misuses terminology when referring to policing or an
incident. For example, local police agencies do not have ‘tanks’ or ‘grenade
launchers’. Police agencies utilize armored vehicles which are not
weaponized and tear-gas emitters. There is often a substantial difference
in the words that are used to describe policing and gives the public an
inaccurate representation.

COMMUNITY RELATIONS
A relationship is defined as “the way in which two or more people or organizations regard and
behave toward each other.” That being said, while police agencies need to do their part in
enhancing police relations, the community plays an integral role in this as well.

15. Police agencies and community organizations should collaborate to educate the
community in engagement techniques with the police. Police cannot build
relationships if the community does not participate in strengthening ties as well.
a. Tragedies often occur when citizens disobey police directions and
commands. If a person feels they are being wrongfully arrested or accused,
there is always a procedure and due process to allow for mistakes to be
mitigated. The place to dispute a police action is not on the street.
b. Simple strategies should be taught at community events and in schools
such as ‘What to do when you are pulled over?’
c. Community organizations and leaders within the community need to
stress the importance of mutual respect and cooperation between both
law enforcement and the citizens they serve.

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