On Feb. 18, when Glenwood Springs police got word that accused serial rapist Brent J. Brents was in their jurisdiction, they had good cause to “run hot” – car lights flashing and sirens blaring – in pursuit. As we all know, that pursuit ended in the successful capture of a man now facing more than 80 criminal charges.
But some cases of police cars running with lights and sirens, whether in pursuit of a criminal or to an emergency, end in tragedy. That was the case for an Englewood officer who was seriously injured while responding to an emergency a year ago. Sadly, his injuries are so severe that he may never be able to work as a policeman again and, indeed, may be permanently disabled.
Englewood’s insurer has reserved $2.7 million in a workers’ compensation fund for his long-term care and support. That action would be unremarkable – except that the “insurance company” involved isn’t one in the traditional sense, and because it is also one of Colorado’s better-kept secrets.
In the early 1980s, local governments in Colorado faced a crisis when commercial insurance carriers began raising premiums and canceling policies for public entities. This was a serious problem, because having affordable liability insurance is essential for cities, towns and special districts that otherwise could see their budgets – and the services they provide to citizens – wiped out by a single lawsuit.
In response, municipal leaders across the state joined together in a self-insurance pool called the Colorado Intergovernmental Risk Sharing Agency (CIRSA). Today, CIRSA has more than 225 members for whom it provides property, casualty and/or workers’ compensation coverage. Local governments make “contributions” to the pool based on such factors as the number of autos and buildings they own, and their past history of risk.
CIRSA not only keeps insurance costs down for taxpayers, but also continually looks for ways to lessen risks still further. One of CIRSA’s active loss- prevention programs involves a Police Liability Committee made up of police chiefs and the command staff of member cities. For more than 10 years, the committee has studied police-related issues such as use of force. Because liability can be especially high when police drive with lights and sirens, the committee recently formed a task force to make recommendations about both police pursuit and emergency driving.
Chris Krall, deputy executive director of CIRSA, says that after long discussions, the task force has drafted policy recommendations containing three key provisions. The first defines emergencies for which lights and sirens are acceptable. (For example, when a burglary is in progress, an officer calls for assistance or a suspect is brandishing a dangerous weapon).
The second provision addresses police chases, stating that they are acceptable in the “hot pursuit” of violent felons, but also allowing for discretion if an officer feels pursuit is required to protect public safety. The third provision requires an officer who goes in hot pursuit to later file a report, which subsequently must be reviewed by a supervisor.
The draft policy recommendations have been sent out for review to CIRSA-insured local governments, with responses due back by June 1.
Tim Greer, executive director of CIRSA, says establishing the draft policies was controversial, because police department regulations differ and there were conflicting ideas of what should be included. He notes that formation of the task force led to rumors that jurisdictions that don’t adopt the recommendations will lose their insurance coverage. Not true, he says. Cities that choose not to adopt the recommendations will still have full CIRSA coverage for liability.
Krall emphasizes that decisions about police pursuit and emergency driving rest with police departments in each member city. “We’re not mandating these recommendations,” he says. “Our goal is to increase public safety while minimizing losses.”
Indeed, CIRSA is offering its members a carrot, not a stick. In January 2006, jurisdictions that adopt the recommendations will receive a credit against their CIRSA contributions of $20 per full-time police officer and $10 per reserve officer. The savings alone may prompt many cities to adopt the recommendations.
CIRSA is another positive example of how local governments are working together to solve problems, ensure public safety and save taxpayers money.
