North Carolina Association of Chiefs of Police 2018

North Carolina Association of Chiefs of Police 2018 Annual Conference Developing and Implementing a Fitness Requirement Garner Police Department Garner, North Carolina Chief Brandon Zuidema * Captain Joey Binns

Why Have a Fitness Requirement? • Officer Safety • Public perception • Positive impact on health care / insurance costs • Positive impact on health overall at retirement www. garnerpd. org

OFFICER SAFETY • Clayton Video (0: 26) www. garnerpd. org

Questions to Answer • Have you discussed this with your municipality? – You need your manager on board – Consult with your Human Resources staff – Consult with your Police or Municipal Attorney – Consult with your Employment Law Attorney www. garnerpd. org

Questions to Answer • Will your fitness requirement be an employment requirement or incentivebased? – There is no “right” answer here – Weigh your options versus what you are trying to accomplish – What is your overarching program philosophy? www. garnerpd. org

Questions to Answer • What fitness requirement will you use? – NC POPAT – Police Officer Physical Abilities Test – measures “essential job functions” – Cooper Institute is a nationally recognized option – measures fitness – Other? www. garnerpd. org

Questions to Answer • How will you support employee improvement? • How will you involve your employees in the process? • What will your implementation timeframe be? • If you do a mandatory program, are you ready to terminate an employee who is otherwise meeting expectations but cannot meet the fitness requirement? www. garnerpd. org

Questions to Answer • Are you – as the Chief Executive – willing to lead from the front? • Can you meet & maintain the fitness standard you select • What is the environment in your agency? • Will your command staff be on board? www. garnerpd. org

LEAD FROM THE FRONT • Sandlin Video (0: 52) www. garnerpd. org

The Garner Plan • Spring 2010 – established a committee and worked with Town officials to discuss long-term plans • Summer 2010 – announced a fitness requirement would be implemented in fall 2012 (The “Two Year” warning) www. garnerpd. org

The Garner Plan • June 2011 – specifics of policy / program announced • Fall 2011 – first testing for baselines • Fall 2012 – first mandatory testing • Fall 2016 – transitioned to new POPAT • Spring 2018 – GPD standard will match the State standard www. garnerpd. org

The Garner Plan • Why POPAT? – Officers already familiar – Existing course on-site (now indoors…) – Validated in North Carolina based on job simulation – Focused on essential job tasks www. garnerpd. org

Testing Standards • Clearly establish your fitness requirement be (time or score) – What is the basis for your requirement? – Does it impact the validity of the test? – Do you want a single requirement of “pass/fail” or will you consider levels of performance? www. garnerpd. org

Test Validation • Why is validation important? – Prepare as if you will be challenged – Expensive process – Evaluates “essential job functions” in terms of ADA compliance www. garnerpd. org

THE HR PERSPECTIVE • Sechler Video (1: 20) www. garnerpd. org

ADA • The Americans with Disabilities Act – “The ADA continues to protect only those able to perform the essential functions of the job and allows for employers to impose hiring and employment standards that are job related and consistent with business necessity. ” (FBI Law Enforcement Bulletin – August 2011) www. garnerpd. org

ADA – Essential Job Functions • Job descriptions should reflect these essential job functions • Department policies should also address these essential job functions LESSON LEARNED #1 www. garnerpd. org

Disparate Impact (AKA “Adverse Impact”) • “A substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group. ” (www. adverseimpact. org) • Unintentional adverse impact • Learn the “ 80% Rule” LESSON LEARNED #2 www. garnerpd. org

Disparate Impact • However – even if disparate impact is demonstrated statistically, an agency can still defend itself: – “Business Necessity” can still be argued as a viable defense to disparate impact – “Essential Job Functions” and test validity are key www. garnerpd. org

One Standard for Active Duty • Injuries that prohibit completion of POPAT • You cannot differentiate between “clear for duty” and “clear for physical testing” LESSON LEARNED #3 www. garnerpd. org

Worker’s Compensation • Requiring employees to meet a fitness standard can result in injuries – both on and off-duty – Need to know municipal and Workers Compensation policy / standards – There can be department / municipal liability from this program – Case law exists that is on point and should be reviewed LESSON LEARNED #4 www. garnerpd. org

Implementation • Decide on your implementation schedule – Give ample notice – Communicate your policy and process – Provide fitness support www. garnerpd. org

Clarifying Expectations • Anderson Video (0: 38) www. garnerpd. org

Maintenance Program • Plan ahead on how you will support and encourage employees in maintaining a suitable fitness level. • Consider tying a fitness program to a larger health and wellness initiative, to include physicals on a regular basis. • Consider rewarding employees who go “above and beyond” by exceeding your requirement. www. garnerpd. org

Incentive vs. Disciplinary-Based System • Incentive based – may only incentivize those already in appropriate physical condition – Program unlikely to positively impact those that need it the most • Disciplinary based – greater motivator for all – Program will impact all employees – Encourage discipline as a “last resort” (but remember it can ultimately result in discipline) www. garnerpd. org

Disciplinary-Based System • GPD elected to use a disciplinary-based system to reach those employees who most needed it – Intentionally generous on testing time – Intentionally required a number of steps occurring prior to any disciplinary action being taken www. garnerpd. org

The New Standard • Clayton Video (1: 02) www. garnerpd. org

Testing Standards - GPD • “Fitness Standard” – Goal for all sworn employees – Initial time of 14: 40 (two times the state requirement of 7: 20) • “Minimum Performance Standard” – “Line in the sand” for active duty status – Time of 22: 00 (three times the state standard) www. garnerpd. org

Disciplinary-Based System • Employees failing to meet the “fitness standard” go into an “improvement cycle” – We now include mandatory remedial fitness training • Retesting every 3 months • Must make up at least 12. 5% of “performance gap” each subsequent test www. garnerpd. org

Disciplinary-Based System • Employees failing to meet the “minimum performance standard” are suspended from active duty • Must re-test within 30 days; can use earned vacation or holiday leave during that time • If cannot make minimum performance standard within 30 days, unpaid suspension for up to 60 days www. garnerpd. org

Tying Fitness to Success • Smith Video (0: 29) www. garnerpd. org

Initial Outcomes in Garner • GPD completed first mandatory testing under policy in October 2012 • 62 officers completed the test – 60 officers met the “Fitness Standard” of 14: 40 – 30 officers met the State Standard of 7: 20 – 1 officer met the “Minimum Performance Standard” (W/M) – 1 officer failed to meet the “Minimum Performance Standard” (B/M) www. garnerpd. org

Evolving Standard • Fitness committee recommended all employees meet the state standard for POPAT (7: 20) by spring 2018 • While moving toward that goal, we transitioned to the indoor POPAT as of fall 2016. We will be at 6: 00 and 3: 00 by spring 2018. www. garnerpd. org

The Impact of POPAT • We had one sergeant who did not meet the minimum performance standard had a time of 30: 31 in our initial testing – Initially suspended / allowed to use leave for 30 days – On day 30 produced a doctor’s note for 12 weeks of protected FMLA leave – Subsequently resigned one day prior to expiration of FMLA leave LESSON LEARNED #5 www. garnerpd. org

The Impact of POPAT • You may discover medical issues as the result of the POPAT test • 10 -year veteran – prior military • Upon transition to new POPAT, got vertigo when rolling with the dummy LESSON LEARNED #6 www. garnerpd. org

The Impact of POPAT • Injuries / conditions that might otherwise have been “dealt with” can come to the forefront. • Employee who could not do pushups due to lingering shoulder injury • Doctor put of work for almost twelve months due to inability to meet POPAT requirements • Ultimately took medical disability (shoulder and knees) LESSON LEARNED #7 www. garnerpd. org

HR Collaboration • Sechler Video (0: 52) www. garnerpd. org

Moving Forward • At the State Standard as of spring 2018 • Shifting focus to incentives for employees meeting and particularly exceeding expectations • Employee committee making recommendations www. garnerpd. org

Closing Thoughts… • Do your research • Involve all the necessary parties • Prepare for the worst, expect the best • Cops will tend to rise to a challenge! www. garnerpd. org

Should I Do This? “After speaking to you at the gym, I did something today for the first time ever, at least that I can remember. I have been running for the last few weeks. A couple of weeks ago, I ran a mile without stopping. I haven’t done that since high school. Though, my mile was slower than when I ran it in HS, it was still another milestone in my weight loss/physical fitness journey. This past Wednesday I ran 1. 25 miles without stopping or slowing down. My goal today was 1. 5 miles. Well, I got to 1. 5 and still had the energy to keep going. So I went to 2 and still had the energy. Without stopping or slowing down today, I ran 3 miles. I couldn’t believe the energy and endurance I had and I just had to thank God for it! Please don’t see this as a way of me kissing up to the boss, but I want to thank you. Over the years I have had the desire to lose weight and get in shape, but lacked the motivation. With the fitness plan that you initiated and the encouragement of Sergeant Weaver, I finally got off my butt and did something about it. With all that being said, thank you. For the first time in my law enforcement career, I feel as though I can chase down an idiot suspect that ran from me and actually catch him. ” www. garnerpd. org

Information Available • Visit our website for access to: – This Power. Point presentation – GPD Policy and Forms – Relevant case law and related documents www. garnerpd. org

Commitment * Integrity * Professionalism • Combined Video (2: 22) www. garnerpd. org

North Carolina Association of Chiefs of Police 2018 Annual Conference Feel Free to Contact Us: Chief Brandon Zuidema (919) 772 -8810 x 6064 bzuidema@garnernc. gov Captain Joey Binns (919) 772 -8810 x 6074 jbinns@garnernc. gov Twitter - @Garner. Police @Chief. Zuidema Facebook – Garner NC Police www. garnerpd. org