March 13, 2014 Honorable John E. Jones, III U.S.

District Court Middle District of Pennsylvania 228 Walnut Street Harrisburg, PA 17101 RE: Landis v. Chad R. Moyer, et al., No.: 1:13-CV-00673-JEJ Debra L. Williams v. Chad R. Moyer, et al., No.: 1:13-CV-00675-JEJ

Dear Judge Jones: This correspondence is to confirm a settlement, in the amount of a half-million dollars ($500,000), in Steven E. Landis v. Chad R. Moyer, et al., No.: 1:13-CV-00673-JEJ, and Debra L. Williams v. Chad R. Moyer, et al., No.: 1:13-cv-00675-JEJ, with Springettsbury Township only, pursuant to the following terms: 1. 2. 3. 4. The settlement will be between the Plaintiffs and Springettsbury Township only; The lawsuit against the individual Springettsbury Township Defendants will be dismissed; The settlement will not be confidential; Springettsbury Township will pay Debra L. Williams and Steven E. Landis each $250,000 (inclusive of attorney’s fees and costs); 5. The parties will exchange mutual releases for all civil claims related to the Williams and Landis cases; and 6. Springettsbury Township agrees to the following non-economic terms: Term 1: The Township agrees to issue a written request to the Pennsylvania Chiefs of Police Association for a review of its existing policies and practices regarding the assessment and interaction with mentally ill persons; accommodation of persons with disabilities (ADA); arrest procedures; de-escalation techniques; use of Electronic Control Weapons (“ECW”) (i.e., Tasers); and the use of force generally. The Township further agrees to request that the Pennsylvania Chiefs of Police Association issue a written report that the Township will make available to the public, subject to the Commonwealth of Pennsylvania's Right to Know Law (RTKL), 65 P. S. §§ 67.10167.3104, that addresses, at a minimum, the following issues:  Adequacy of the current law enforcement training program and the credentials of trainers, and any recommendations for the improvement of same;

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Adequacy of policies and procedures for identifying and accommodating persons with disabilities, and any recommendations for the improvement of same; Adequacy of policies and procedures for identifying and handling persons who are suffering from mental health issues, and any recommendations for the improvement of same; Adequacy of policies and procedures for identifying and handling persons who are engaging in aggressive and/or combative behavior likely resulting from a medical condition, and any recommendations for the improvement of same; Adequacy of policies and procedures for de-escalating incidents, and any recommendations for the improvement of same; Adequacy of policies and procedures for use of soft empty hand techniques, and any recommendations for the improvement of same; Adequacy of policies and procedures for the handling of persons who are spitting, and any recommendations for the improvement of same; Adequacy of policies and procedures regarding the use of Electronic Control Weapons (“ECW”) (i.e., Tasers) for the protection of life and for behavior compliance; Benchmarks and indicators for assessing the Department’s performance.

The Township agrees to abide by any recommendations made by the Pennsylvania Chiefs of Police Association. Term 2: The Township agrees to continue to work to strengthen existing professional partnerships, and to encourage the building of new partnerships, to continue to meet the ever changing needs of the community. In this regard, the Township agrees that the Chief of Police will issue a written request to the National Alliance on Mental Illness (“NAMI”), the Mental Health Association in Pennsylvania (“MHAPA”), and the York/Adams Mental Health – Intellectual and Developmental Disabilities Program (“York/Adams MH-IDD”), requesting that the respective agencies keep him informed regarding currently available community resources and how best to deliver those resources. Term 3: The Township agrees that in any use of force incident involving the use of an Electronic Control Weapon (“ECW”), i.e., Taser, or resulting in an injury requiring medical care, or causing death, all audio and video recordings, ECW data, incident reports, witness statements, and other evidence related to the incident, shall be preserved for the greater of 2 ½ years, or until all administrative, civil, or criminal proceedings have been concluded. The Township further agrees that in any use of force incident resulting in serious injury or death, the officer’s complete uniform, including footwear, equipment, and weapons, shall be immediately secured and held as evidence in a manner to preserve blood or other trace evidence. In addition, in those use of force incidents resulting in serious injury or death, the involved officers and persons shall be photographed to record their physical appearance and any visible injuries.

The Township further agrees that all use of force incidents resulting in injury or death, or involving the use of an Electronic Control Weapon (“ECW”), i.e., Taser, shall be reported to the Chief of Police and referred to internal affairs for a determination regarding whether or not Department policies were followed. In the event of a death incident, the report shall be made immediately. Otherwise, the report shall be made within 24 hours. The internal affairs investigation shall begin immediately, and unless an extension is granted by the Chief of Police for good cause, shall be completed within 45 days of the use of force incident. “Good cause” shall not include the fact that a criminal investigation is simultaneously being conducted. The Township further agrees that all use of force incidents that result in serious injury or death shall be immediately reported to the York County District Attorney’s Office for an independent determination regarding whether or not the use of force was lawful. Sincerely,

Devon M. Jacob, Esquire cc Counsel of record via ECF

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