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Town of Buckeye
a "PERFORMANCE IMPROVEMENT PLAN
You are being glven a Performance Improvement Plan to outline specific aroas of deficiency or concer, corrective
‘action designed to improve those areas, and expected outcomes.
Employee Name: _David Grossman
Job Title: Police Officer
Supervisor: Michael Haddad
Department: Police
Directions: The purpose of the plan is to help the omployee improve in areas noted below. The plan Isto specify
‘areas for Improvement, Identiy actviles dosignod to strengthen the employee's porformanca, and incloato
‘expected outcomes. A separate form can be used for each area requiing improvement, or all eraas may bo Usted
‘on one form,
‘Areas Needing Improvement:
1. Fallure to Act
41. Buckeye PD assists withthe pursull of carjacking suspects from Avondale. During the
course of this pursuit, Officer Hannaman gets shot at by the suspects as he is trying to deploy
stop sticks. After being shot at, Officer Hannaman advised that he observed, who he believed
was, Officer Grossman drive away from the suspect vehlele after announcing that shots had
Just been fired at him,
‘While discussing this later, you offered two separate justiications/exouses, advising that
“blocking’ is against policy. You also stated that there was another entrance fo the
development and wanted to get to thal exit to make sure the suspects didn’t escape via that
entrancelext.
This type of call requires that you respond directly to the threat and utilize all possible tools at
your disposal to deal with the situation at hand.
2, Buckeye officers responded to a domestic disturbance (Bigler, Beaver, Grossman, Sot
Haley). While Biglor and Beaver are dealing with a female armed with two machetes, you are
observed running from the Incident, around a comer, folowing the female's husband, You later
advised that you were trying to keep the parties separated. You stated that while speaking
with the male, you observed the female through a window as she was walking towards a door.
You continued stating that felt you should remove the male from the erea to keep the situation
from escalating, You further advised that you had no idea unl after everything was over that
there were any edged instruments involved. You were adamant thal you never heard or saw
anything about any knives. You also did not hear your fellow officers commanding the women
to drop the knives, Sgt Haley advised that when he arrived on scene he heard the verbal
‘commands from the other officers to drop the knives. Its worrisome to me if you did not hear
these same commands. | am concerned thal your situallonal awareness may not be adequate
‘enough for the rigors of law enforcement.
3. During the 2010 year-ond decision shoot, a scenario is presented that escalates to lethal
force. When the role-player displays and points his weapon al you, you tured your body and
retreated, running into your cover officer. | later explained to you thal you constantly have to
‘assess siluations for appropriate rosponse. | continued that when you blindly retreated, you
‘effectively removed your cover officer response from belng able to assist you withthe situation
you are now dealing with and you are empowering the suspect fo persevere over this situation,
4, Officer Glenn recognized a subject known to have a valid felony warrant for his arrest. He
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requested that units set up a perimeter around the residence prior to attempting contact, You
advised that you were in position behind the residence with a view of the back door. The
subject sees officers and runs into his house. Consent is granted at the front door by the
suspect's mother (homeowner) fo search the residence although all present state that the
suspect fled from the residence via the rear door. Checks are made with you and you
reportedly advised that no one came out. Subsequent search shows where the suspect went
over the wall and landed in the neighbor's yard (frash prints in mud). You were not spoken to
about this by me although other officers, to include Sot Hayman later chastised you about this
performance (or lack thereof) in not apprehending or seeing the suspect run from the back
door ofthe residence you were watching.
Applicable Departmental Policles:
ADM 530 Causos For Disciplinary Action (Performance actions, le Cowardlce, Unsatisfactory
Performance)
FLD 210 Use of Force (Inaction)
2. Search and Seizure
1. You were involved with a noise/party call where you entered a residence against the
consent of the homeowner and made an arrest. This incident has already been
documented and additional training received.
2, You respond to a Disorderly call involving teenagers, backing up Officer Beaver. On
your ariva in the area, two male subjects are observed. While you are exiting your
Vehicle, you state that you hear Officer Beaver meking a comment (words to the effect
of) "Don't you do i.” At this point, the two Individuals turn around and run away from
your location. You run after one and when you get close enough, you grab the subject
and wrestle him to the ground. This was while you are asking why the individual ls
running from the police after he was told not to, The individual continues struggling and
you deployed a chemical agent to the subjects face twice before being able to gain
Compliance and get handcuffs on the subject. An open mike transmission allowed us to
hear that you were asking the subject why he ran wiven he was told nolo, Dispatch
ends up requesting Code Three response of addtional responding units. While en route
| asked for an update and heard you reply that you could not feel your hand, This
caused me to respond Code Three. As |artved in the area (within visual sight of you),
‘you advised over the alr that units can slow down, everything Is Code Four. Code Three
operation is extremely dangerous, to say the least, and puls us and the general motoring
public at great risk for injury and Itigation. There Is no excuse for allowing us fo respond
in that manner when you know or have ascertained there sno exigency supporting such
response. When questioned about your “hand” statement you advised that what you
said was that you could not free your hand. This is sill not an appropriate radio
transmission as it promotes an implied exigency.
‘As we have previously discussed, *selzing” a person requires articulation which you could
not provide when you performed these actions. Adding to the situation, you used chemical
agents against the person. Looking for charges after an arrest is made is unacceptable
and unconstitutional.
3. During a traffic stop you request a consensual search of the vehicle which you get.
During this search you encounter a set of “brass knuckles" which you ultimately seize
stating that they are legal. You then log them into evidenca for destruction, This is
another example of making a decision that has you operating against current law.
Applicable Departmental Policies:
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Town of Buckeye
ADM 531 Responsibilities (Knowledge to Laws and Regulations)
‘ADM 532 Conduct (Respect for Constitutional Rights)
FLD 210 Use of Force (Authorization to Use Force)
3. Report Writing
4. Your reports that aro of a substantive nature continually have to be returned for extensive
modification, In our previous discussion regarding your report writing skils, you mentioned
ahead injury, explaining that you write reports from memory (almost template format).
Unfortunately, with the diversity of calls seen in law enforcement, there is not a template
available for everything you will encounter, Your skils inthis arena will have to be
developed,
Applicable Departmental Policies:
ADM 1320 Departmental Reports
A. Vehicle Operation
1. Your driving has been observed and reported by fellow officers to be unsafe, le, driving too
fast, following others too closely, and inappropriate response to calls for service. | have
spoken with you regarding these Issues. You have, reportedly, continued to operate your
police vehicle in disregard of policy during response to noniife threatening calls for service,
Applies
FLD 130 Vehicle Operations (General Guidelines)
Activities Designed to Improve Performanc:
4, Attendance of Rio Salado Community College Report Writing Gourse. Upon complotion of this
course you will have been provided with the basics to gather Information and prepare a coherent and
proseculable report through improved written communication and eral thinking, This class is April
18", through June 27", 2014 and Is an On Line program.
2. Attendance of Defensive Tactics rofresher course. After completing this "in house" area of
instruction you will have been provided with various options of appropriate empty hand, Impact
‘weapon, all the way to lethal force options to deal with the situations commonly encountered on the
street.
3. Attendance of Buckeye Use of Force Continuum Training. Upon completing this Instruction you
«wll have been provided with an in depth view of the Buckeye Police Department Use of Force Matric.
‘This is a necessary tool for the correct application of the appropriate force for any given situation. To
compliment this “in house" training, you wil also attend two blocks of instruction; one ls Complex
Issues in the Use of Force on March 26", 2011 from 0800 to 1200 at Tolleson PD and the second is
Use of Force Refresher on March 31", 2011 from 0800-1200 at Marana PD.
4, Attendance of Force on Force Training. This Buckeye Police Department training will occur prior
{o the end of the PIP but after the Laws of Arrest, Complex Issues in the Use of Foree, and Use of
Force Refresher instruction. This Force on Force training will encompass sconarios to test and
‘evaluate your decision making as well as response level for appropriateness in given situations.
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6, Attendance of additional 4" Amondment basod training. Upon completion of these blocks of
instruction, you will have been provided with the additional training to deal with the, sometimes
complex, yel erucial issues encompassed within the realm of the 4" Amendment. ‘This wil help you
make sound and legal decisions. The Instruction daterlocation is Laws of Avrast & Seizure and Vehicle
‘Searches on March 22, 2011 from 1200-1600 at Goodyear PD
6, Activation of vehicle GPS. This provides the Buckeye Police Department with Instant information
regarding your driving habits should a complaint or concern be raised by a citizen or other Town
‘employes, The technology itself being activated should provide the Incentive to correct any driving
Issues, You wore also provided with 2.6 hours of Pursull Driving Instruction that entailed a Code Three
description and when this type of driving is authorized on July 28, 2010,
‘Timeline for Improvement: 95 days
Date this performance plan begins: March 22”
Follow-Up dates: April 28", May june 26", 2014
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Failure to follow and/or improve areas outlined above will result in disciplinary
action up to and Including termination.
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