INTRODUCTION

A. INTRODUCTION

Planned civil disturbance= control in the Cabell/Wayne Local Emergency Planning District is needed because of = the possibility of a civil disturbance taking place due to illegal actions resulting from otherwise legal activities, such as the not all inclusive examples that follow:

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Organized labor actions often involve picketing whi= ch if done within law is acceptable, but if the picketing spawns illegal activities, these activities not only violate the law, but can lead to the endangerment of life and property which can be caused by actions of representatives of organized labor and/or management.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Environmental rights create strong feelings among s= ome environmental activists, which sometimes cause actions of an illegal nature involving injury to persons and/or damage to property.

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Health related rights create strong feelings among = some persons and/or organizations whose viewpoints differ from those persons in various health related circumstances. Such differing views sometimes cause actions of an illegal nature, involving injury to persons and/or damage to property.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Civil Rights controversies of a wide variety often still invoke demonstrations and counter-demonstrations which, while startin= g in a legal manner, may spawn illegal actions as a result of overzealous behavi= or.

3.<= span style=3D'font:7.0pt "Times New Roman"'> = Athletic events sometimes get out of hand during or after the events due to fans expressing strong emotions in a physical manne= r.

Information in other C/WL= EPC plans and in the Cabell County and Wayne County Emergency Operations Plans = may impact upon this Civil Disturbance Control Plan and where appropriate shoul= d be considered part of this plan. Likewise, this Civil Disturbance Control Plan, where appropriate, should be used in conjunction with other C/WLEPC Plans a= nd the Emergency Operations Plans of Cabell and Wayne Counties.

B. &n= bsp; PURPOSE

The purpose of this Plan = is to discuss principles involved in sound civil disturbance control operations a= nd basic procedures to be considered in responding to civil disturbance control emergencies.

C. INCIDENT COMMAND

Civil disturbance emergen= cies are more in the area of law enforcement than in fire/hazardous materials emerge= ncy resolution or life endangerment resolution. Therefore it is strongly

C. &n= bsp; INCIDENT COMMAND (Continued)

recommended that the Inci= dent Commandership be transferred from the appropriate Fire Chief or Senior Fire officer available to the appropriate chief law enforcement officer or senior law enforcement officer available through formal delegation action. The NIMS princi0ples will be utilized.

D. INCIDENT SUPPORT/COORDINATION

Civil disturbance emergen= cies like all other emergencies, when reaching the Emergency classification Leve= l 4 will normally trigger the activation of the appropriate Emergency Operations Center which will provide the appropriate support and coordination services= .

E. VIDEOTAPING OF C= IVIL DISTURBANCES

Because of strong emotion= al feelings and opinions about civil disturbance emergencies by persons representing various factions and because of much confused interpretation by observers of actions taken by law enforcement officers, it is vitally impor= tant that appropriate personnel record as much of the emergency incident as poss= ible through videotaping, so that actions taken can better be explained to perso= ns with conflicting interpretations.

F. ACTION OPERATIONS PRIORITIES

1. Prevention of death to persons in the emergency incident area.

2. Prevention of injury to persons in the emergency incident area.

3. Prevention of damage to real property in the emergency incident area.

4. Protection of damage or theft of personal property in the emergency incident.

5. &nb= sp; Prevention of violation of State laws and local ordinances in the emergency incident a= rea.

6. Prevention of violation of civil rights of persons in the emergency incident area.

G. NEUTRALITY OF LAW ENFORCEMENT AGENCIES

All law enforcement agenc= ies and law enforcement officers involved must make it clear and scrupulously follow through with the understanding that all actions taken by law enforcement personnel will be based upon objective law enforcement or preventive action= s.

H. &n= bsp; ACTION OPTIONS

1. Prevention of civil disturbance emergencies.

2. Avoidance of civil disturbances emergencies.

H. &n= bsp; ACTION OPTIONS (Continued)

3. Mitigation of civil disturbance emergencies.

4. Resolution of civil disturbance emergencies.

I. &n= bsp; PREVENTION OF CIVIL DISTURBANCE EMERGENCIES

The best solution for act= ion options concerning a civil disturbance is the prevention of the emergency incident. How is this done?

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Intelligence - Through personal contacts and news m= edia information analysis probable or actual events of a civil disturbance nature can be projected for a time and place. Also, if a permit is required (parad= e, formal event, or public assembly) the process would provide information abo= ut an event that might cause a civil disturbance emergency.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Information/Education - In some situations the appropriate law enforcement agency representative can talk with a representative of the organization that, while planning a legal demonstrati= on, may become involved in an unplanned civil disturbance who may be unaware of= the possible hazards. The law enforcement agency representative can then help t= he organization representative decide on a less hazardous organizational actio= n or cancel all action of a possible hazardous nature.

3.<= span style=3D'font:7.0pt "Times New Roman"'> = Negotiation - In situations where information/educa= tion does not cancel or alter the legal organizational activity that could lead = to a possible civil disturbance emergency, the timing (day of week, time of day)= or location (less symbolic, less hazardous, more accessible to control) can be negotiated by the appropriate law enforcement agency representative either = by him/herself or in combination with a formal or informal community leader.

4.<= span style=3D'font:7.0pt "Times New Roman"'> = Preventive Action - If none of the above actions wo= uld prevent a civil disturbance developing out of a legal demonstration, a preventive action may be called for. This could be a non-law enforcement ac= tion such as the declaration of a curfew by the local governing body or involvem= ent of key personnel in the civil disturbance organization in an activity that would delay their being able to lead the civil disturbance. Or this could b= e a non-active law enforcement action such as a show of presence at the scene w= here the civil disturbance is expected.

J. &n= bsp; AVOIDANCE OF CIVIL DISTURBANCE EMERGENCIES

While avoidance and prevention sound very similar ther= e are differences as noted below.

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Non-confrontation - In some instances it is the avo= wed purpose of the demonstrators to get arrested and thereby receive news media coverage and free

J. AVOIDANCE = OF CIVIL DISTURBANCE EMERGENCIES (Continued)

1. &nbs= p; (Continued)

publicity for their cause. In most instances there is no attempt to harm persons or property in this type of c= ivil disturbance, although in most cases it will interrupt operations of normal activities. If intelligence allows the demonstration to be known beforehand, the appropriate law enforcement agency can avoid negative publicity by work= ing with the normal activity operators involved (public, non-profit or private sectors) to make other arrangements (use alternative entrances, close for t= he day, operate from another facility, postpone normal activities, etc.) to av= oid the planned confrontation. Without the confrontation, there will be no publicity opportunity and no effective civil disturbance.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Negotiation - In this situation negotiation would involve discussing voluntary limitations of the demonstration activity (picketing, parading, convening, etc.) with the demonstrating group leaders= hip beforehand to prevent the demonstration from getting out of hand and becomi= ng a civil disturbance emergency. Primary points in this type of negotiation wou= ld include the time of day and day of the week, number of demonstrators involv= ed, and length of demonstration. Such negotiation would still allow the demonstrators to achieve their basic purpose and receive the publicity deri= ved, but the situation will have less likelihood of accelerating into a civil disturbance.

3.<= span style=3D'font:7.0pt "Times New Roman"'> = Utilization of alternative authorities to control t= he potential civil disturbance with formal or informal youth groups. Alternati= ve authorities to law enforcement agencies can be utilized to resolve the potential civil disturbance situation before it becomes active. Parents, te= achers, youth leaders, and other persons looked upon as leaders can be effective in situations of this nature.

K. MITIGATION OF CIVIL DISTURBANCE EMERGENCIES

Unfortunately not all pot= ential civil disturbance situations can be resolved through prevention or avoidanc= e. Mitigation must then take place in order for the civil activity not to get = out of hand. The keys to law enforcement agency mitigation of a civil disturban= ce, so that it does not evolve into a full scale emergency situation, are plann= ing, training, and command control.

1. = ; Planning - While not every possible civil disturbance emergency situation

resolut= ion can be pre-planned, each general type of situation (labor, civil rights, indivi= dual rights, environmental, sports event) should be considered in each jurisdict= ion and basic planning accomplished.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Training - Civil disturbance emergency control hist= ory shows clearly that the lack of training of the law enforcement officers involved can lead to many problems that escalate rather than reduce the eme= rgency. Training must be comprehensive and deal

K. MITIGATION OF CIVIL DISTURBANCE EMERGENCIES (Continued)

<= /span>2. = (Continued)

with such matters as the appropriate bodies of law, histo= ry of civil disturbance, sociology, psychology, public relations, techniques, = etc. Untrained

law enforcement personnel can do more harm than good and = will accelerate the emergency rather than resolve it.

3.<= span style=3D'font:7.0pt "Times New Roman"'> = Command Control - The Incident Commander must be constantly aware of the need to exercise the necessary amount of law enforc= ement. Too little control or too much control can quickly escalate the emergency unnecessarily. The ability to exercise the necessary amount of law enforcem= ent is learned only through proper training and through experience. Since actual field experience hopefully will be minimal for any one law enforcement Inci= dent Commander, emphasis will need to be placed on training in order for the Incident Commander to be ready for effective command control of a civil disturbance.

L. RESOLUTION OF CI= VIL DISTURBANCE EMERGENCIES

When prevention, avoidanc= e, and mitigation do not resolve civil disturbances emergency situations, actual active resolution of the civil disturbances emergency situations is require= d. Resolution action is the most exacting of any of the alternatives discussed= in this plan. Too little resolution action can result in death, injury, and property damage or destruction, as well as loss of confidence in the releva= nt law enforcement agency(ies) and therefore the relevant laws. Too much resolution action can result in unwanted and/or illegal deprivation of the civil rights of the opposition as well as unwarranted injury or death of members of the opposition criticism of the law enforcement agencies by the = news media and the general public, and loss of confidence in the law enforcement agency(ies) by the general public. Options of resolution are limited. The options are:

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Full enforcement of the appropriate laws through arrest, arraignment, and detention or bail for the demonstrators in an orde= rly and speedy manner,

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Separation of the demonstrators from the object of = law violators, i.e. persons with an opposite viewpoint or a facility the offend= ers have targeted for their action,

3.<= span style=3D'font:7.0pt "Times New Roman"'> = Disbursing the demonstrators through neutral pathwa= ys (streets, plazas, fields, etc.), or

4. = A combination of any of the above.

&nb= sp;

Full enforcement o= f the appropriate laws through arrest arraignment and detention or bail along with arrangements for court action requires that:

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Well trained law enforcement personnel make effecti= ve arrests without injuring or violating the civil rights of the opposition members. Passive and active resistance can be anticipated with the latter b= oth physical and verbal. Law Enforcement officers

RESOLUTION OF CIVIL DISTURBANCE EMERGENC= IES (Continued)

Full enforcement (Continued)

1. &n= bsp; (Continued)

must be objective, professional, and resist the temptatio= n to over-respond to physical and to physical and verbal provocation. While a law enforcement officer is allowed to use necessary force to make an arrest and= /or to defend himself from injury from the person(s) being arrested, any action taken by a law enforcement officer must be able to be defended in court from criminal and/or civil law violation accusations.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Arraignment, transportation, as needed personnel and facilities must be preplanned and in place prior to maximum arrests by law enforcement officers. Otherwise legal and public relations problems can ari= se quickly. The preplanning must take into consideration the installation or placement of temporary sites where arraignment facilities and personnel can= be located. Such locations can be in local governmental facilities not ordinar= ily used for such purposes, including school buildings, armories, recreation centers, community centers, fire stations, etc. or in private office buildi= ngs space rented for the purpose. Temporary transportation can be accomplished = with the use of public transit or school buses properly staffed for security purposes.

3.<= span style=3D'font:7.0pt "Times New Roman"'> = If no pre-trial arrangements are made for the relea= se by bail or recognizance or pre-trial release is not authorized, detention facilities with adequate correctional officers, separate space for different classifications of detainees (males, females, adults, minors, behaving, non-behaving, etc.) will be needed. Also, adequate sanitary facilities, adequate space, climate control, and feeding and sleeping arrangements, if = the initial detention is for more than a few hours, will be needed. While regul= ar jail and similar facilities present no administrative problems, the likelih= ood of such space being available for maximum arrests is minimal. Therefore sch= ool gymnasiums, armories, recreation centers, community centers, and similar facilities will need to be utilized, staffed, and provisioned prior to the detainment of persons arrested.

4.<= span style=3D'font:7.0pt "Times New Roman"'> = Judicial trial facilities and staffing will need to= be arranged for the persons arrested within a reasonable amount of time, from = the legal, practical, and public relations standpoints, especially if pre-trial release (bail or recognizance) has not been granted. This means that extra temporary judges, prosecutors, and other

court staff will be need to be scheduled.

Separation of the demonstrators from the object of their demonstration and possible legal violations), i.e. person with an opposite viewpoint or a facility the demonstrators have targeted for their action is a simple, but effective act= ion for resolving a civil disturbance. Intelligence, planning, and training are required to carry out this alternative to full enforcement.

1.<= span style=3D'font:7.0pt "Times New Roman"'> = Intelligence is required in order to learn about a potential civil disturbance action that is likely to meet the requirements = for effective separation. The time, location, and target group and/or facility = must be known, as well as the approximate number of

L. &nb= sp; RESOLUTION OF CIVIL DISTURBANCE EMERGENCIES (Continued)

Separation (Continued)

1. &n= bsp; (Continued)

persons who can be expected to participate in the action.

2.<= span style=3D'font:7.0pt "Times New Roman"'> = Planning is necessary to know what, where, and how = law enforcement personnel can accomplish the separation activity effectively.

3.<= span style=3D'font:7.0pt "Times New Roman"'> = Training of law enforcement personnel in the planned actions is necessary so that the separation action will be effective and not violate anyone’s rights or injure anyone due to unanticipated happeni= ngs.

Disbursing the demonstrators through neutral pathways to resolve a civil disturbance is an alternative resolution action that can be effective. Again, intelligence, planning, and training is necessary.

= 1.&n= bsp; = ; Intelligence is required to analyze the possibility= of effective disbursement including defining the logical pathway(s)to utilize.=

= 2.&n= bsp; = ; Planning is necessary to make sure that the disburs= al action will be effective.

= 3.&n= bsp; = ; Training will assure that the disbursal action is carried out as planned.

&nb= sp;

M. CONCLUSION

Civil disturbance control= is a realistic answer to real problems that are with our society today and can be expected to be with our society tomorrow. Whether through prevention, avoidance, mitigation, or resolution with their sub-options, civil disturba= nce control needs and actions cannot be ignored. To do so would endanger the community, its institutions and operations, and individuals in the communit= y.

&nb= sp;