Tuesday, April 27, 2021

What Happened to Society’s Obligation to its Police Agencies?

Posted on April 15, 2021 by admin

By Chief Joel F. Shults, Ed.D

The past year has seen major efforts to tear up the agreements that make for an orderly society. The idea of a social contract arose during the Enlightenment and had an influence on the founding principles of the United States. The social contract is defined as an implicit agreement among the members of a society to cooperate for social benefits, for example by sacrificing some individual freedom for state protection. The essential civics lesson about our nation’s founding is that government arises from the consent of the governed. People decide collectively what is in the best interests of the majority to accomplish together what would not be possible individually. In return, the people agree to abide by those laws. In return for compliance, the government established by the people create systems that guarantee individual rights and processes to honor and enforce them against government overreach.

Another important aspect of consenting to be governed is that individuals agree to give up resolving most serious disputes on their own and let a system of courts accomplish justice. This necessarily means giving the government the right to exercise force in accomplishing that. Thus, we give rise to enforcers of the law. Armed agents of the government, operating with the authorization to use reasonable force, expect that citizens will submit to that authorized force as part of their social contract with their fellow citizens.

The American spirit of individualism and rebellion was not lost at the last battle of the American Revolution in 1781. As the number of law enforcement agencies grew, so too did the laws that regulated them. Many states recognized the right of citizens to resist unlawful arrests. With the advance of multiple civil remedies and greater training of police, most laws allowing resistance to arrest were removed in favor of other remedies. Every state requires compliance with lawful orders, and every governmental body is subject to the vote of the people. If laws and lawmakers are inadequate, there are means of circumventing the legislature through petition.

Not accepted as a natural right was violence against private property, violent resistance to government actors, and attacks on the systems in place to govern. Implicit in the early writings of the American Revolution era is the expectation that if the government fails in providing essential services and protecting individual liberties, then the government may be reconstituted. Within the bounds of philosophy are those extremists who believe we have reached that point and deserve another revolution, and those who believe in either anarchy or extreme government control.

With tyranny fresh on the minds of the founders, the right of citizens to possess firearms was ensured among other rights, including the right against torture as expressed in the right to remain silent, and the right to reasonableness when subject to search and seizure. As any student of history knows, these rights in the U.S. Constitution as amended with the Bill of Rights, were rights that existed by nature and were not derived from laws passed by men. The documents simply articulate those rights as those which were not to be infringed by the government, including state and local entities.

Witnessing the violence and destruction of this year’s riots must call us to remember the good work of the founders, and those who have worked selflessly to keep our republic functioning. Despite the critics, our nation has made important strides toward increasing access to success and removing impediments to the quest for fair treatment for all. Ignoring that progress, as faulty or slow it may be, has resulted in the chaos we see daily. Especially in regions where the law has been disregarded, where criminals are encouraged, where the legitimacy of governance has been eroded by its own weakness, the deconstruction of our republic is being approved by political leaders too afraid to believe in their own system.

By attacking the criminal justice system, because it is the most visible of all government functions, the real objective is to attack our Constitutional government, taking a shortcut from due process and civil discourse as agents of change.

Piece by piece, legislators are caving to the demands of deconstructionists to dismantle the effectiveness of enforcing the law. Police officers are banned from enforcing some existing laws, prosecutors are declining to hold violent offenders accountable, and lawmakers are removing necessary tactical and legal protections from law enforcement officers. The lawbreakers among us have taken this as a license to disregard police authority which has resulted in almost all of the dramatic uses of force to take custody of violent offenders. Offenders are not blamed for fighting and fleeing from officers, and officers are blamed for doing what they must do. The only hope for restoring the protection of the citizenry within the framework of justice is to allow our existing resources to work, return to educating the public about the philosophy and structure of our democracy, and restraining ill-advised and radical decisions by removing foolish leaders from office.

Sunday, April 18, 2021

$2.2 million agreement reached over Pa. State Police fitness test lawsuit claimed discriminated against women

Updated  April 18, 2021; Today 3:09 PM



The U.S. Department of Justice and the Pennsylvania State Police have reached a settlement agreement in a 2014 lawsuit that said the PSP's entry-level fitness test was discriminatory against women. This file photo from 2014 shows cadets in a fitness session held for the media at the Pennsylvania State Police Academy in Hershey. (Christine Baker/PennLive).

By Steve Marroni | smarroni@pennlive.com

The U.S. Department of Justice reached a $2.2 million settlement agreement with Pennsylvania and the Pennsylvania State Police over a 2014 claim that the state police use of physical tests as part of the entry-level hiring process for state troopers resulted in a pattern or practice of employment discrimination against women.

In the suit, the Justice Department argued the use of the tests to screen and select applicants for the entry-level positions resulted in a much greater percentage of male applicants than female applicants passing the physical fitness tests going back to 2003.

As a result, the state police had failed to hire dozens of women for entry-level trooper positions on an equal basis with men, the Justice Department argued in the suit, saying this amounted to a pattern of employment discrimination against women, violating Title VII of the Civil Rights Act of 1964.

“Employers cannot impose selection criteria that unfairly screen out qualified female applicants,” Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division said in a press release Tuesday. “When the Pennsylvania State Police use a physical fitness test as part of the process for choosing state troopers, they must ensure that the test complies with federal law. This settlement agreement reflects the Civil Rights Division’s continued commitment to removing artificial barriers that prevent women from becoming law enforcement officers.”

Under the terms of the settlement agreement, still subject to court approval, the Pennsylvania State Police will pay $2.2 million into a settlement fund that will be used to compensate those women who were harmed by the employment practices, according to Justice Department officials.

The agreement also requires the Pennsylvania State Police to offer priority hiring relief, with retroactive seniority, for up to 65 women for entry-level state trooper jobs. All priority hiring candidates must meet the employer’s lawful selection criteria, including the successful passing of any physical fitness test that meets the requirements of Title VII, justice department officials say.

In a joint filing Tuesday in the U.S. District Court for the Middle District of Pennsylvania, the parties moved for a court order provisionally approving the terms of the settlement agreement.

The motion also asks the court to schedule a fairness hearing to provide an opportunity for individuals potentially affected by the proposed agreement to provide comments on the terms of the settlement.

Pennsylvania State Police officials could not immediately be reached for comment.

Soon after the suit was filed in 2014, state police officials defended their entry-testing standards, saying lowering the physical fitness standards for applicants would be insulting to those men and women who already strove to achieve those standards, and it would endanger current and future troopers.

The fitness test in question required candidates to be able to reach a standard of:

14-inch vertical jump in three attempts,
Agility run in 23.5 seconds in two attempts,
A 300-meter run in 77 seconds,
13 push-ups,
And a 1.5-mile run in 17 minutes and 48 seconds.

From 2003 to 2008, 94 percent of male applicants passed the fitness test, while 71 percent of female applicants passed. Under a similar test administered in 2009 through 2012, 98 percent of male applicants passed, while 72 percent of female applicants passed, according to the suit.

Sunday, April 11, 2021

How Fit Can You Get From Just Walking?

April 1, 2021


Walking is good for you, obviously. But can it whip you into shape?

By Graham Isador
Photo Illustration by C.J. Robinson


Four months ago my friend John Sharkman stepped on the scale and realized he was the heaviest he'd ever been. Sharkman—a former college football quarterback—was weighing in at 263 pounds, fifty pounds heavier than his time as an elite athlete. The realization that he'd jumped up to the size of a lineman was humbling, and he knew he needed to shed some weight. He asked me, his fitness journalist friend, to help. But the request came with quite a number of caveats: he didn't want to cut off certain food or alcohol, he didn't want to go to the gym, and he didn't want the whole process to feel that hard.

In the past, I've undertaken a number of successful fitness and fat loss challenges. I've taken all the pre-workout in the world, done thousands of kettlebell swings, gone paleo. But Sharkman's request got me thinking: What is the least amount of effort necessary for substantial weight loss? Can you get real results by just kind of messing around?

So in our group chat, Sharkman and a few other friends made a commitment to walking 10,000 steps a day and tracking our food. We aimed for about 2,000 calories. Sharkman dubbed the initiative Health Zone. After four months following those guidelines, my friend dropped 43 pounds. Collectively the group chat was down 105. Those are life-changing, infomercial-pitch numbers. Some caveats obviously apply: losing weight is hard, and keeping it off is even harder. Your mileage will almost certainly vary. But the whole experience made me wonder: just how fit can you get from just walking ?

"I think walking is probably the single most underutilized tool in health and wellness," says nutrition coach and personal trainer Jeremy Fernandes. According to Fernandes, the reason we rarely hear about walking as a major fitness tool—in the same conversations as stuff like yoga or expensive spinning bikes—is that people aren’t emotionally prepared for fitness to be easy. “Most people want to believe that working out and fat loss needs to be hard. If you need impossibly crushing workouts to get in better shape, then you’re not responsible when you fail,” he says. "But a basic program performed consistently—even a half-assed effort done consistently—can bring you a really long way, much further than going hardcore once in a while. "

It's not like walking is some secret. 10,000 steps is the default recommendation of some of the most popular fitness trackers on the market, and long walks have been a hidden weapon of superhero body transformations for ages. But until witnessing Sharkman undergo his transformation I didn't realize just how powerful just walking could be.

Of course, it's not the right tool for every goal. It won't get you over the finish line of a marathon. And if you want to achieve some sort of beach body, unless you already have some muscle mass, at a certain point simply getting leaner starts to have diminishing returns. That’s why celebrity trainer and champion bodybuilder Eren Legend is wary of signing off on walking as a solution for looking better naked.

"If you do cardio and you have a pear-shaped body, all that you can expect is to become a smaller pear," says Legend. “The only way to change your body composition, the shape and look of your body, is to perform a form of resistance-based training. That’s not to say that 10k steps is bad—if you’re regularly performing some type of physical activity your body is going to change. But is it the most efficient way? Some form of resistance training like weight lifting or sprints in addition to a nutrition plan will get you to your goals faster.”

Similarly, fitness tracker Whoop has given up on counting steps at all together. While most trackers and fitness apps count steps, the designers behind Whoop believe step count alone doesn't tell you enough, choosing instead to measure heart rate. Whoop's vice president of performance Kristen Holmes—a three-time field hockey all-American and one of the most successful coaches in Ivy League history—explained: “Simply counting steps doesn’t really tell you that much. All steps aren’t created equal.” A brisk walk is more beneficial than a slow walk. A jog might be more beneficial than that, she said. The company determined heart rate was the best way to tell you how hard those steps were working.

So if you're chasing high-level performance, single-digit body fat, or a bodybuilder physique, then relying solely on a ton of walking isn't the right move. But the reality is that most average people are pretty far from those goals, and focusing on the routines of really high performers my be doing more harm than good. In other words, expecting that you'll accomplish the training required for a movie star body when starting out a fitness routine is setting yourself up for disappointment. Walking a bunch, on the other hand, is something that is relatively simple to fit into your everyday life. The best fitness routine is always going to be the routine that you follow consistently. And I can vouch for the—unscientific, absolutely not peer-reviewed—results.

"Walking is something you're completely capable of starting right now," said Sharkman. "It sounds cheesy to say changing your life is that simple, but this definitely changed mine."

Sunday, April 4, 2021

Taking the Long View

March 27 2021

By Joe Powers and Ben May

Are We Courageous Enough to Create Our Own Future Now?

Walt Disney said: “Courage is the main quality of leadership.” Leadership in the fire and emergency services today defines the truth of his statement. Courage is one of the defining characteristics for every man and woman who takes the oath to serve and protect our citizens day and night. There is no nobler mission. But it’s not as easy as it was some years ago. We don’t mean “easy” in the challenges to do the job. That’s never been easy. It takes a special kind of person to be a firefighter–or any kind of first responder. It’s an extremely high bar in mental and physical ability and dexterity. The decision to lead firefighters and officers is the high ground of courage. It’s never easy to lead. It’s messy; sometimes we don’t know if we’ve made the right decision until years later. Today we are faced with every possible emergency facing our citizens and now are in the middle of a global pandemic. It seems like our services just keep expanding in the face of budget cuts and layoffs.

Shaping a New Future

Courage in leadership is defined by shaping the new future, maintaining traditional brand values, creating a foundation for sustainability through fostered innovation, and thinking differently to ensure tomorrow’s success. The fire service’s future relies on courageous leaders; however, the success of individual departments providing fire and emergency services hinges on the willingness of those leaders to step out, understand community needs, and begin to adapt now.

21st Century White Paper

The recent 21st Century Fire and Emergency Services White Paper from the Center for Public Safety Excellence is a blueprint for this adaptation. Released just a few months ago, the White Paper is one of the most comprehensive roadmaps for our service at exactly the right time. However, the future it describes is now. The actions it describes need to be taken now because our future is meeting us today. The 21st Century White Paper is exactly the kind of leadership so necessary for our profession and the safety of our citizens. It is visionary, strategic thinking grounded in the reality of the challenges we face with real solutions. This white paper should be a working document for every department’s strategic planning process.

A Change in the Wind

In the mid-2000s, the industry began a transformation. Little by little, fire department leaders across the United States started thinking differently and viewing their communities’ problems not in generalities but in specifics. Fire departments began to understand that, although fires are a high-risk problem, it is not the only risk experienced in the neighborhoods they serve. Today’s top fire departments hold the distinctions because their leaders stepped out of line, supported innovative thinking, and used their brand to build a foundation for long-term success in the community.

Community Risk Reduction

One of the key opportunities emerging from the 21St Century Fire and Emergency Services White Paper is the convergence of citizens’ needs for our service. The growth of community risk reduction (CRR) is the key that unlocks this opportunity for pinpoint service whether emergency or preventive, whether fire and rescue or some other agency that “we” bring into the equation. Incidentally, it’s a marketer’s dream. CRR begins with the brand: Fire Department or Fire and Rescue or Fire and Emergency Services.

In a recent conversation with one of our finest young chiefs, she mentioned how one of her challenges in bringing in new firefighters was the reality that only 7% of the job included actual firefighting. Yes, this is generally true, but we do not see this as a problem. It’s the evolution of our profession to an all-hazards mitigation service. Our heritage and history have served us well. It is rich in traditions as the stimulus for innovation, and CRR is that next step, with the White Paper to expand well beyond that.

Defining Risk and Creating a Point of Difference

The mindset of departments using models of CRR is different from all others, and rightfully so. The fundamentals of CRR drive departments to be different from all the others because the communities they serve are individual. Traditionally speaking, the fire service may provide some of the same services throughout the industry. However, we achieve the highest level of positive outcomes when we serve our residents with the programs and services most needed. We best serve our community best by first understanding risk.

It’s Not a Name Change

First and foremost, regarding CRR, let’s be on the same page. Throughout the industry, CRR may be one of the most misunderstood terms. For those leaders who understand CRR, there is long-term success in operations, community outcomes, and funding. For those who don’t understand it, CRR is simply a static name change and an unimpressive replacement for either “fire prevention” or the “fire marshal’s office.” What is the most significant risk to CRR? The lack of understanding by fire service leaders.

Opening the Firehouse Doors for a Transformative Model

CRR is not public education, fire code inspections, fire prevention, or more work for firefighters. It is a complete transformation to a model of risk assessments, prioritization, resource deployment, and evaluation. In the simplest of terms, CRR is all about opening the doors of our firehouses, looking into the neighborhoods, seeing the problems, then going out and helping to reduce the impacts of the biggest problems.


Understanding Enough to Tell the Story

In many cases, CRR uses firefighter perceptions, reliable data, and community insights to better understand the risk faced by residents and visitors. Collecting and studying the information create fantastic opportunities for fire service leaders to tell neighborhood-based stories. When fire departments can understand and articulate the unheard stories, they can use their trusted brand to impact communities positively, save lives, and write the organization’s future. This is where we start to see the opportunities of CRR in our departments. Telling the stories of an industrial area may drive changes to our training academy, the information we collect and share during preincident planning, and how command officers allocate emergency resources. Within a multi-family community, the stories may lead us to tailor curricula in that specific school district, improve on messaging during public events, and develop partnerships with social services to improve service delivery.

A Multidisciplinary Approach

CRR, depending on the neighborhood, may have elements of code enforcement and public education. However, true CRR is not fire prevention or kids wearing plastic fire helmets. CRR is community-specific services, programs, partnerships, and organizational changes to improve outcomes. CRR may impact physical fitness training and requirements where wildland and even high-rise risks occur. It may alter how company officers develop riding seat assignments or how home health care providers interact with their at-risk clients.

Is It Worth It? Yes, and Here’s How to Do It

CRR sounds like more work, right? Well … yes, and no. Creatively collecting information to tell the stories is an additional workload. However, as you begin to define the risks, the models of CRR drive increased efficiency and decreased organizational workload while doing more in the community. Although it sounds like a pipe dream, there are several benefits to CRR that most leaders don’t realize. By conducting a risk assessment and understanding the neighborhood stories, departments can better provide the risk-reduction activities communities need. However, CRR works the opposite way, too, by identifying what services communities don’t need–trimming citywide programs down to only those communities that require the services to increase efficiency and decrease workload. Also, providing the right services to the right community or population may reduce emergency response demand.

Dig Deeper to Understand the Real Risks in Your Community

What’s also important to understand is this: The first time you try to develop a risk assessment, you may not find the real story. Good risk assessments are the product of trials, innovations, evaluations, and perseverance. Risk assessments are not a one-and-done document you put on a shelf. Useful risk assessments use data, the Web, and even interviews to gather experiential data from firefighters, police officers, social works, and more. Evaluating progress can shed light on improvement opportunities and additional risk assessment elements to better tell the story.

It’s a Partnership that Can Work

Being everything for everybody is fiscally impossible, and–let’s be honest–the fire department doesn’t need to try to do it all. There are vast opportunities to partner with government and private organizations to improve communities. Linking up and communicating with social service and mental health resources may improve the holistic response to frequent 911 utilizers. Partnering with in-home health care, property maintenance, or meal-delivery services puts a number of advocates in homes, which the fire service cannot otherwise achieve. Even working with local schools and outlining their students’ specific risks can drive changes in morning announcements, lunchroom posters contents, and to-home messaging. There are so many capable organizations and people who can make a difference. Provide them with the information and let them do the job.

The “Fire” in “Fire Department”

As leaders, we have the responsibility to imbue young firefighters with the evolution of our profession and their responsibility as leaders to take it further. The brand equity and public loyalty are symbolized by the Maltese Cross, our uniforms, and our care–not just in time of need but in a comprehensive, interactive approach to safety and prevention with the citizens we protect in the middle. In our opinion, the name Fire and Rescue or Emergency Services is critical. Our citizens trust us in the way they know us. They know us first as the Fire Department, and it is an undisputed market and brand position.


Comprehensive Safety 24/7

In CRR, the Fire Department is leading and coordinating this comprehensive safety equation. That is marketing leverage from an unassailable position. It’s our responsibility to maintain that high ground of brand loyalty and equity. We do this daily in the specific actions with ourselves, the public, and the other agencies and professions we involve in CRR.

The fire service has the opportunity to capitalize on its brand and create a sustainable future through CRR. Risk-matched services, strategic partnerships, and continuous evaluation for improvement can drive outcomes to build our future through strengthening the fire department brand.

Courageous with CRR

Being courageous enough to intentionally instill CRR elements with the trusted brand of your fire department will put firefighters at the forefront of community change. Funding for your organization is no longer a government liability, as is seen in a traditional firefighting department; it’s an investment in intentional community change. Community investments that drive positive outcomes while reducing workload are a sustainable model for our industries’ future. The outcomes of CRR in one department cannot be duplicated in another. CRR requires leaders’ courage to step up and intentionally understand the communities served to tell the stories for successful outcomes.

Leading the Evolution of Our Future

The future of fire, emergency services, and comprehensive safety is in our hands if we have the courage to lead and shape it. Every fire officer, firefighter, and probie has the intelligence to embrace the shifting paradigm that includes the wellness of our citizens as well as their emergency needs. As the 21st Century White Paper notes: We will have specific data drawing a picture of the hazards and needs of every building, business, and family by jurisdiction and location. We are building a safe future for all our citizens with the fire service in the lead as the master builder.

Joe Powers is a 27-year veteran of the fire service and has a master’s degree in public administration and a bachelor’s degree in health sciences. He works with fire departments to improve operational response, reduce operational workload, and tie data to strategic decision making. Powers is the deputy chief of community risk reduction at the Charlottesville (VA) Fire Department.

Ben May is a board director of the Center for Excellence in Public Safety and recently retired global director of corporate alliances for the Walt Disney Company. He has been a marketing consultant to Fire Service Publications (IFSTA) of Oklahoma State University’s School of Fire Protection Technology, the U.S. Fire Administration, and metro fire departments across the country. He has a master’ degree with honors in international communication and Russian.