Did Police Commissioner Taking A Knee Violate Dept. Policy?

Earlier this month outside City Hall, Police Commissioner Danielle Outlaw knelt in solidarity with protesters angry about the murder of George Floyd in police custody.

"I'm here not only in solidarity, but in collaboration, in the spirit of partnership, in the spirit of fellowship," she told the protesters on June 6th, who hailed from nine black fraternities and sororities. "I appreciate the spirit of peace that you're bringing here, and the spirit of positivity and collaboration. We will get through this together."

To the protesters, it may have come across as a conciliatory stance, but in taking a knee, along with Deputy Commissioner Melvin Singleton,  Commissioner Outlaw appears to have violated the Philadelphia Police Department's written directives for handling demonstrations and labor disputes.

According to the Police Department's Policy Directive 8.3, Section E, "Police personnel of all ranks shall maintain complete neutrality and objectivity at all times." Section G further states, "Under no circumstances shall the department be made subservient to any group."

How much more subservient can you be if you're taking a knee?

I asked Staff Inspector Sekou Kinebrew, commanding officer of the Philadelphia Police Department's Office of Public Affairs & Media Relations, if the police commissioner's decision to take a knee violated the Police Department's Policy Directive 8.3.

"The directive was not violated," Kinebrew wrote back in an email.

So I sent Kinebrew pictures of Outlaw kneeling and wearing what appears to be a salmon pink and apple green-colored facemark.That's the official colors of the Alpha Kappa Alpha sorority, which is listed on Outlaw's resume. I asked Kinebrew if wearing those colors amounted to taking a side in the dispute between protesters and the police.

"No," he replied.

I asked Kinebrew if he was telling me that I wasn't seeing what I saw in the photos I sent him.

"No disrespect," he wrote back, "But I'm done commenting on this."

Other cops had different opinions.

"In other words, directives don't apply to the top brass," one cop wrote. "What would happen if a cop took a knee at a KKK rally?"

"How dare they take a knee for an organization that clearly chanted, what do we want, dead cops, when do we want it, now," another cop wrote. "I will never bow to those who disrespect the badge."

"It makes the department look weak," the cop said. "I was sick to my stomach when I saw that happen," she said about the kneeling. "Strength comes from standing your ground, not pandering like a fool."

I asked a black cop if he would take a knee for the protesters.

"Hell no," he said. "That's the position of surrender."

And from a tactical point, the cop said, "the worst position you can be in is on the ground." If the demonstrators rushed the cops while they were kneeling, they could have grabbed an officer's gun, or his Taser, the cop said. 

The commissioner taking a knee and wearing sorority colors was reminiscent of her first day on the job, when she sported black nail polish in violation of a police department directive that stipulated female officers could only wear clear nail polish.

The very next day the commissioner issued a new directive that did away with the old clear nail polish rule.

For Outlaw, taking a knee and wearing sorority colors was another round of style over substance. Meanwhile, yesterday, the police commissioner and the mayor were making headlines by issuing public apologies for the tear gassing of protesters on June 1st who were attempting to block traffic on I-676.

In an email sent to everybody at police headquarters, Outlaw explained her actions by saying when she previously defended the use of tear gas, she was relying on statements from officers that turned out to be "substantially inaccurate." That was especially true, she wrote, after she "personally viewed video evidence" posted by the New York Times that contradicted the police account that the cops were under attack by protesters, and that other tactics had failed to corral the demonstrators.

"In making those statements, I relied on information, which was relayed to me after the initial deployment of the described munitions. For that I apologize to those who were directly impacted, to our communities at large and to the members of the Police Department, who have been equally impacted."

At yesterday's press conference, Outlaw promptly served up Deputy Commissioner Dennis Wilson, who  promptly fell on his sword. 

"Me and me alone" ordered the tear gas, Wilson confessed, so he was taking a voluntary demotion down to chief inspector.

To many cops, the ritual humiliation of Wilson was hard to stomach.

"Translation," wrote one veteran Philadelphia Police Department commander in an email, "I am blaming this on that white Republican asshole Dennis Wilson to skirt any and all responsibility."

"Well, 'Commissioner,' if you weren't hiding in the comfort of your office while the rest of us on the street were getting our asses kicked by the 'peaceful' protesters who were rioting, looting, burglarizing, stealing, vandalizing, taking over the Expressways, committing arson, assaulting police officers, and the list goes on, maybe you would have actually been there, on the front lines, as is expected of a leader, so you could have called the shots," the veteran police commander wrote.

In her email to police headquarters, Outlaw also announced that an officer assigned to the SWAT team who was filmed using pepper spray on three civilians sitting on the ground had been given formal notice of a 30-day suspension, with intent to dismiss.

"Translation," the veteran police commander wrote. "We are going to lock up his white male Republican ass to cater to Black Lives Matter and the mob."

Outlaw was taking a pounding in other quarters. On the latest episode of the Philly Prime podcast, Dave Schratwieser of Fox 29 interviewed former famous Philly cops Michael Chitwood Sr. and Michael Chitwood Jr., who between them have 85 years of police experience.

Schratwieser asked both Chitwoods about their reaction to the Philly riots. 

"I've never seen anything like it in my life," said Chitwood Sr., the retired police superintendent of Upper Darby, and before that, a highly decorated Philadelphia police officer. 

"Philadelphia was not prepared for the violence that occurred," Chitwood Sr. said.

"What I saw was a complete lack of leadership in Philadelphia from the mayor and the police commissioner and somebody has to own that," said Chitwood Jr. He's currently the sheriff of Volusia County, Florida, and the former police chief of Daytona Beach. Before that, Chitwood Jr. was a decorated lieutenant in the Philadelphia Police Department.

As far as the mayor owning "a complete lack of leadership," fat chance. All Jim "Sanctuary City" Kenney knows how to do is pander and apologize. And hide behind the skirt of his rookie police commissioner. 

After the riots occurred in Minneapolis over the death of George Floyd, Chitwood Sr. said, "They [the Philly cops] should have had all hands on deck and they should have been prepared for what happened."

"Had Richie Ross been there as police commissioner this would have never happened," Chitwood Jr. said.

"The playbook was there," Chitwood Jr. said, regarding the police department's handling of the 2016 Democratic National Convention under Ross.

As far as police respond to protests and riots,"History has taught us you can't ramp up," Chitwood Jr. said. 

"You've got to be prepared for the worst," Chitwood Sr. agreed, by having enough troops on the ground. "You have to control the situation. Once you lose control, you've lost . . . And the unfortunate thing was innocent people were hurt, innocent people lost their livelihoods."

Regarding the controversial tear gassing of the protesters trying to block I-676, Chitwood Sr. said, "In my opinion they did the right thing."

He added that people weren't considering what would have happened if the protesters were allowed to take over the expressway, and run amok in traffic.

Regarding reports that Police Commissioner Outlaw relied on Deputy Commissioner Wilson to decide whether tear gas should have been used, Chitwood Sr. said, "I think the commissioner should have been out there in front leading and if the order had to be given, she should have given the order."

But instead, Outlaw was AWOL and Wilson took the fall.

Chitwood Jr. said Philly's in-over-her-head rookie police commissioner wasn't the only problem the city has.