Public Sector Risk

Risk on the Thin Blue Line

Targeted killings of police officers are on the rise.
By: | June 6, 2017 • 6 min read

Police work is a risky job that is getting even more perilous.

The number of police officers shot and killed in the United States in 2016 increased by 64 (56 percent) over 2015, according to the National Law Enforcement Officers Memorial Fund.

If that statistic seems startling, consider the number of ambush-style police killings in 2016 — 21 — the highest total in more than two decades.

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And that figure may well be surpassed in 2017, said Ken Wallentine, senior legal advisor for Lexipol, which provides best practice policy guidance to public safety agencies across the nation.

“Sadly, we are on track for another tragically record setting year,” with 17 targeted police officer killings already in 2017, said Wallentine, “and we’re not even half way through the year. I don’t remember ever seeing this before.”

Nancy Sylvester, managing director of Arthur J. Gallagher’s public sector practice is dismayed, but not surprised, by fatal gun attacks upon police.

“Is it increasing? Yes, and I’d never heard of that happening before. But now it’s expected.”

Barry Scott, risk manager for the City of Philadelphia said he’s trying not to be surprised, but instead to be aware about what’s going on.

“But certainly it’s an unusual phenomenon,” he said.

Build Trust, and Underwrite

The challenges facing public sector administrators charged with protecting police was part of Scott’s presentation at the RIMS conference in his city back in late April: police tactical awareness, officer mental health and well-being, police department support and training, “those were just some of the areas we talked about and it was very well received,” Scott said.

Fortunately, Scott was able to speak from a position of strength, having worked with the Philadelphia police department and its 6,300 police officers “to provide them with the tools they need to stay safe.”

Sensitivity training, de-escalation techniques and better ways of responding to the mentally ill underpin a new police culture. It’s also a culture where the mental and emotional well-being of officers is emphasized.

There were two targeted attacks resulting in injuries to Philadelphia police in 2016.  Philadelphia experienced just one police fatality by firearm since August 2012.

Unfortunately, the risk profile Philly’s police officers face from violence remains high, and much of this has to do with one word, Scott said: trust. It’s the one thing that keeps him busiest — building trust within the community while ensuring police have the tools needed to protect themselves along with the community.

“From a risk perspective, we’re working with the mayor’s office, city council and legislative offices to try and make sure the laws we have are ones that end up leaving us better protected.”

A case in point, Scott said, is last year’s DNC convention in Philadelphia. Laws were adjusted to make incidents associated with public demonstrations a lower-grade crime “so that we weren’t arresting a number of people during the convention who were just demonstrating and exercising their civil rights. That kind of step really takes away some opportunities for more violent or dangerous confrontation,” he said.

That didn’t stop the city from purchasing protester insurance for the convention. As Scott told a reporter last year, “We’re looking to protect the city’s financial resources for the taxpayers who have given us those dollars to steward. So if we are able to buy insurance to do that, then it’s a great deal.”

Mental Health: a Two-Way Street

For others, the main problems associated with violence against police aren’t legal or monetary, but cultural. Groups like Black Lives Matters leave cops “grappling with a conundrum,” said Wallentine: citizens want police officers to effectively police their communities and yet “are hyper-critical of us when we engage in policing.

“We are hyper-exposed to danger and one of the cultural artifacts is that some officers are saying, `If I don’t want to get into trouble, I shouldn’t do anything.’ ”

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Wallentine’s advice to police departments is to respond in a more nuanced fashion to the culture of caution that has always marked police work. That means creating an environment where police officers remain vigilant, but don’t over-read the clues in a domestic situation, for example (the most dangerous call for police), before that situation actually unfolds.

“We want officers to be careful, but we can’t have them behaving with hyper-vigilance and treating citizens as if they’re all the enemy. First off, that’s not so, and secondly, that’s not very effective policing.”

Sylvester agrees. Once a public sector risk manager, now a broker who gives advice to risk managers, she said the new catchphrase in police/community interactions is “managing crisis confrontation.”

Sensitivity training, de-escalation techniques and better ways of responding to the mentally ill underpin a new police culture. It’s also a culture where the mental and emotional well-being of officers is emphasized.

Sylvester said judging mental fitness for duty now occurs well before a raw recruit steps into a police car with an older, more experienced officer.

“Now, there’s a matrix test for the mental and emotional well-being of new recruits. Before, that would come later in their training; they’d `get around to it.’ They deal with that upfront now.”

Costs Count, Too

“Be careful out there!” That was the staff sergeant’s admonition to officers leaving the precinct on the hit TV show Hill Street Blues years ago. But it might just as easily come from the police department’s chief accountant. That’s because the number of officers heading out the door for some of Sylvester’s larger metropolitan clients have a hard time filling their full roster for law enforcement.

“Do more officers have to take more shifts and what does that do at the end of the day? But it also presents a different picture to the insurance underwriter.” Sylvester admits her clients “hate” her insurance application because it’s so long, including a liability costs review centered on a great many things, including training, dispatcher and police dog numbers, jail size, and hot pursuit policies.

Dale Stockton, executive director of Below 100, a national officer-safety initiative designed to reduce police line-of-duty deaths, underscores the dangers hot pursuits pose to police officers with a story: at the end of May, Bluefield, West Virginia’s Lieutenant Aaron Crook was killed when his patrol car in pursuit of a suspected drunk driver collided with another Bluefield Police Department patrol car and a West Virginia State Police patrol car.

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“The devastation,” said Stockton, “is as great to the family as when an officer is lost in gunfire incidents.” Nearly as sad, he added, vehicle crashes “are about as preventable as it gets.”

Stockton’s story is intended to make an even more sobering but largely unknown point: the risk posed by increased police shootings is far below that of police vehicle crashes.

The cost to law enforcement of police officer injury is also difficult to estimate, said Stockton, including life time medical, workers’ comp payments, and payments for pain and suffering. People remember media stories about police dying in a hail of bullets or high-profile vehicle crashes, he said. But there are plenty of additional costs that never make the pages of the newspaper.

David Godkin is a freelance magazine writer based in Toronto. He can be reached at [email protected]

More from Risk & Insurance

More from Risk & Insurance

Emerging Risks

Stadium Safety

Soft targets, such as sports stadiums, must increase measures to protect lives and their business.
By: | January 10, 2018 • 8 min read

Acts of violence and terror can break out in even the unlikeliest of places.

Look at the 2013 Boston Marathon, where two bombs went off, killing three and injuring dozens of others in a terrorist attack. Or consider the Orlando Pulse nightclub, where 49 people were killed and 58 wounded. Most recently in Las Vegas, a gunman killed 58 and injured hundreds of others.

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The world is not inherently evil, but these evil acts still find a way into places like churches, schools, concerts and stadiums.

“We didn’t see these kinds of attacks 20 years ago,” said Glenn Chavious, managing director, global sports & recreation practice leader, Industria Risk & Insurance Services.

As a society, we have advanced through technology, he said. Technology’s platform has enabled the message of terror to spread further faster.

“But it’s not just with technology. Our cultures, our personal grievances, have brought people out of their comfort zones.”

Chavious said that people still had these grievances 20 years ago but were less likely to act out. Tech has linked people around the globe to other like-minded individuals, allowing for others to join in on messages of terror.

“The progression of terrorist acts over the last 10 years has very much been central to the emergence of ‘lone wolf’ actors. As was the case in both Manchester and Las Vegas, the ‘lone wolf’ dynamic presents an altogether unique set of challenges for law enforcement and event service professionals,” said John

Glenn Chavious, managing director, global sports & recreation practice leader, Industria Risk & Insurance Services

Tomlinson, senior vice president, head of entertainment, Lockton.

As more violent outbreaks take place in public spaces, risk managers learn from and better understand what attackers want. Each new event enables risk managers to see what works and what can be improved upon to better protect people and places.

But the fact remains that the nature and pattern of attacks are changing.

“Many of these actions are devised in complete obscurity and on impulse, and are carried out by individuals with little to no prior visibility, in terms of behavioral patterns or threat recognition, thus making it virtually impossible to maintain any elements of anticipation by security officials,” said Tomlinson.

With vehicles driving into crowds, active shooters and the random nature of attacks, it’s hard to gauge what might come next, said Warren Harper, global sports & events practice leader, Marsh.

Public spaces like sporting arenas are particularly vulnerable because they are considered ‘soft targets.’ They are areas where people gather in large numbers for recreation. They are welcoming to their patrons and visitors, much like a hospital, and the crowds that attend come in droves.

NFL football stadiums, for example, can hold anywhere from 25,000 to 93,000 people at maximum capacity — and that number doesn’t include workers, players or other behind-the-scenes personnel.

“Attacks are a big risk management issue,” said Chavious. “Insurance is the last resort we want to rely upon. We’d rather be preventing it to avoid such events.”

Preparing for Danger

The second half of 2017 proved a trying few months for the insurance industry, facing hurricanes, earthquakes, wildfires and — unfortunately — multiple mass shootings.

The industry was estimated to take a more than $1 billion hit from the Las Vegas massacre in October 2017. A few years back, the Boston Marathon bombings cost businesses around $333 million each day the city was shut down following the attack. Officials were on a manhunt for the suspects in question, and Boston was on lockdown.

“Many of these actions are devised in complete obscurity and on impulse, and are carried out by individuals with little to no prior visibility.” — John Tomlinson, senior vice president, head of entertainment, Lockton

“Fortunately, we have not had a complete stadium go down,” said Harper. But a mass casualty event at a stadium can lead to the death or injury of athletes, spectators and guests; psychological trauma; potential workers’ comp claims from injured employees; lawsuits; significant reputational damage; property damage and prolonged business interruption losses.

The physical damage, said Harper, might be something risk managers can gauge beforehand, but loss of life is immeasurable.

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The best practice then, said Chavious, is awareness and education.

“A lot of preparedness comes from education. [Stadiums] need a risk management plan.”

First and foremost, Chavious said, stadiums need to perform a security risk assessment. Find out where vulnerable spots are, decide where education can be improved upon and develop other safety measures over time.

Areas outside the stadium are soft targets, said Harper. The parking lot, the ticketing and access areas and even the metro transit areas where guests mingle before and after a game are targeted more often than inside.

Last year, for example, a stadium in Manchester was the target of a bomb, which detonated outside the venue as concert-goers left. In 2015, the Stade de France in Paris was the target of suicide bombers and active shooters, who struck the outside of the stadium while a soccer match was held inside.

Security, therefore, needs to be ready to react both inside and outside the vicinity. Reviewing past events and seeing what works has helped risk mangers improve safety strategies.

“A lot of places are getting into table-top exercises” to make sure their people are really trained, added Harper.

In these exercises, employees from various departments come together to brainstorm and work through a hypothetical terrorist situation.

A facilitator will propose the scenario — an active shooter has been spotted right before the game begins, someone has called in a bomb threat, a driver has fled on foot after driving into a crowd — and the stadium’s staff is asked how they should respond.

“People tend to act on assumptions, which may be wrong, but this is a great setting for them to brainstorm and learn,” said Harper.

Technology and Safety

In addition to education, stadiums are ahead of the game, implementing high-tech security cameras and closed-circuit TV monitoring, requiring game-day audiences to use clear/see-through bags when entering the arena, upping employee training on safety protocols and utilizing vapor wake dogs.

Drones are also adding a protective layer.

John Tomlinson, senior vice president, head of entertainment, Lockton

“Drones are helpful in surveying an area and can alert security to any potential threat,” said Chavious.

“Many stadiums have an area between a city’s metro and the stadium itself. If there’s a disturbance there, and you don’t have a camera in that area, you could use the drone instead of moving physical assets.”

Chavious added that “the overhead view will pick up potential crowd concentration, see if there are too many people in one crowd, or drones can fly overhead and be used to assess situations like a vehicle that’s in a place it shouldn’t be.”

But like with all new technology, drones too have their downsides. There’s the expense of owning, maintaining and operating the drone. Weather conditions can affect how and when a drone is used, so it isn’t a reliable source. And what if that drone gets hacked?

“The evolution of venue security protocols most certainly includes the increased usage of unmanned aerial systems (UAS), including drones, as the scope and territorial vastness provided by UAS, from a monitoring perspective, is much more expansive than ground-based apparatus,” said Tomlinson.

“That said,” he continued, “there have been many documented instances in which the intrusion of unauthorized drones at live events have posed major security concerns and have actually heightened the risk of injury to participants and attendees.”

Still, many experts, including Tomlinson, see drones playing a significant role in safety at stadiums moving forward.

“I believe the utilization of drones will continue to be on the forefront of risk mitigation innovation in the live event space, albeit with some very tight operating controls,” he said.

The SAFETY Act

In response to the terrorist attacks on Sept. 11, 2001, U.S. Homeland Security enacted the Support Anti-Terrorism by Fostering Effective

Warren Harper, global sports & events practice leader, Marsh

Technologies Act (SAFETY Act).

The primary purpose of the SAFETY Act was to encourage potential manufacturers or sellers of anti-terrorism technologies to continue to develop and commercialize these technologies (like video monitoring or drones).

There was a worry that the threat of liability in such an event would deter and prevent sellers from pursing these technologies, which are aimed at saving lives. Instead, the SAFETY Act provides incentive by adding a system of risk and litigation management.

“[The SAFETY Act] is geared toward claims arising out of acts of terrorism,” said Harper.

Bottom line: It’s added financial protection. Businesses both large and small can apply for the SAFETY designation — in fact, many NFL teams push for the designation. So far, four have reached SAFETY certification: Lambeau Field, MetLife Stadium, University of Phoenix Stadium and Gillette Stadium.

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To become certified, reviewers with the SAFETY Act assess stadiums for their compliance with the most up-to-date terrorism products. They look at their built-in emergency response plans, cyber security measures, hiring and training of employees, among other criteria.

The process can take over a year, but once certified, stadiums benefit because liability for an event is lessened. One thing to remember, however, is that the added SAFETY Act protection only holds weight when a catastrophic event is classified as an act of terrorism.

“Generally speaking, I think the SAFETY Act has been instrumental in paving the way for an accelerated development of anti-terrorism products and services,” said Tomlinson.

“The benefit of gaining elements of impunity from third-party liability related matters has served as a catalyst for developers to continue to push the envelope, so to speak, in terms of ideas and innovation.”

So while attackers are changing their methods and trying to stay ahead of safety protocols at stadiums, the SAFETY Act, as well as risk managers and stadium owners, keep stadiums investing in newer, more secure safety measures. &

Autumn Heisler is a staff writer at Risk & Insurance. She can be reached at [email protected]