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Gallagher, Evelius, & Jones Response to Request for Monitor Application Consent Decree Entered April 7, 2017 regarding the Police Department of Baltimore City JULY 8, 2017 Submitted by: Peter E. Keith 410-347-1338 [email protected] Response to RFA for Independent Monitor for Police Department of Baltimore City July 8, 2017 TABLE OF CONTENTS PAGE RFA ¶ 32: Executive Summary ......................................................................................... 1 RFA ¶ 33: Scope of Work ................................................................................................ 6 RFA ¶ 34: Personnel and Current Time Commitments .................................................. 18 RFA ¶ 35: Qualifications ................................................................................................ 28 RFA ¶ 36: Prior Experience and References ................................................................... 33 RFA ¶ 37: Budget ........................................................................................................... 35 RFA ¶ 38: Collaboration and Cost Effectiveness ............................................................ 35 RFA ¶ 39: Potential Conflicts of Interest ........................................................................ 35 EXHIBITS 1. Resumes and Curricula Vitae 2. Proposed Budget 3. Monitor Writing Sample 4. Data Analysis Writing Sample Response to RFA for Independent Monitor for Police Department of Baltimore City July 8, 2017 RFA ¶ 32: EXECUTIVE SUMMARY We appreciate the opportunity to be considered for the position of Independent Monitor under the April 7, 2017 Consent Decree between the United States, the City of Baltimore, and the Baltimore Police Department. We respectfully submit this response to the Request for Applications. The Consent Decree arrives at a critical time for Baltimore. The City faces a crossroads, and the Monitor will serve an important role in helping the citizens of Baltimore achieve a new relationship with the Police Department. We have assembled a diverse, local team with the experience, credentials, credibility, and dedication to Baltimore to help the Police Department comply. We are a multidisciplinary team led by Peter E. Keith, a former Department of Justice monitor, former prosecutor with the Maryland Attorney General’s Office, former impeachment counsel for the United States House of Representatives, and a partner at Gallagher Evelius & Jones LLP. Our law firm has served as counsel to a monitor for the Department of Justice, and has been appointed several times as receiver and counsel to receivers by Maryland state courts and the United States District Court for the District of Maryland. We have substantial experience with law enforcement, internal investigations, constitutional legal requirements, and applicable federal and state law. We also have significant experience with effecting organizational change and institutional reform. Every day, we work closely with government agencies, community stakeholders, and non-governmental entities. We have more than just the experience and qualifications to help make the Consent Decree work. Baltimore is our home. We live here, work here, and worship here. We own homes here. We raise our children and send them to school here. We sit on boards of community and charitable organizations throughout Baltimore. We are deeply invested in Baltimore and its success. Baltimore’s future is our future. When the Consent Decree ends, we will still be here. We have a stake in the success of the Consent Decree. Baltimore is a city of distinct neighborhoods, where many citizens remain skeptical of change. Conditions and resources vary here, block by block. In a real sense, Baltimore’s neighborhoods are defined by unique communities that do not exist in other cities. With Baltimore in our blood, we are ready to start immediately. We will not need time to learn the unique aspects of this City. We will not stumble on roadblocks or work inefficiently because of an unfamiliarity with Baltimore’s unique culture. Local conditions that could hinder others’ efforts will not stand in our way. The Consent Decree provides an opportunity for transformational change. We would be honored to be part of that change. We will be neutral and fair. We go in with our eyes open. We are not afraid to make tough decisions. We served as a Department of Justice monitor under a deferred prosecution agreement involving a 30,000-employee healthcare company Gallagher Evelius & Jones LLP Page | 1 Response to RFA for Independent Monitor for Police Department of Baltimore City July 8, 2017 with offices throughout the country. We know the Monitorship will not be easy and will be subject to public scrutiny and criticism. We are prepared to dedicate ourselves to this project, including committing hundreds of hours each year of unpaid pro bono work in service to the City. Recognizing the sensitivity of the community’s relationship with law enforcement, and the need to build trust in the reforms, we have built a diverse, local team focused on effective implementation and communication of the Consent Decree. Our team includes: • Peter E. Keith, Esq., Monitor, & Mark S. Saudek, Deputy Monitor. As the Monitor and the leader of the Monitor team, Mr. Keith would draw on his extensive investigative, auditing, monitoring, and law enforcement experience. Mr. Keith has resided continuously in Baltimore for nearly 40 years. The Deputy Monitor would be Mr. Saudek, a partner with Gallagher who presently serves as the President of the Federal Bar Association. Mr. Keith and Mr. Saudek have a combined more than fifty years’ experience resolving complex matters in Baltimore, conducting internal investigations, and advising businesses, organizations, governmental agencies, and individuals. • Nationally-recognized statisticians and sociologists from UMBC. The Monitoring team will include three professors from the Sociology Department of the University of Maryland, Baltimore County, each of whom has a background in statistics. Dr. Tyson King-Meadows studies African- American political behavior and attitudes, identity politics, race and representation, Congress, and elections. He is particularly interested in exploring the impact of black political engagement, civil rights law, identity group politics, and racial representation on the black socioeconomic condition from the latter part of the twentieth century to present day. Dr. Cedric Herring has published 8 books and over 80 articles in journals such as the American Sociological Review, the American Journal of Sociology, and Social Problems. His most recent book is Diversity in Organizations: A Critical Examination. He was awarded the Joseph S. Himes Lifetime Achievement Award for his scholarship on topics such as workplace diversity, race and public policy, stratification and inequality, and jobs and economic development. Dr. Loren Henderson’s interests include diversity issues, stratification and inequality, health disparities, and race, class, gender, and sexuality. Dr. Henderson is coauthor of Diversity in Organizations: A Critical Examination, a book that offers an examination of organizational Gallagher Evelius & Jones LLP Page | 2 Response to RFA for Independent Monitor for Police Department of Baltimore City July 8, 2017 characteristics, recruitment and retention factors, and employment practices and job benefits that are associated with the racial and gender composition of organizations in the United States. In addition, she has published research that looks at various forms of social inequality that revolve around issues of identity difference. • Retired respected law enforcement officers. We recognize that the City, the Police Department, and the Department of Justice already have dedicated thousands of hours investigating City law enforcement and agreeing on the terms of the Consent Decree. We have retained two retired law enforcement officers who will be able to help immediately with review of policies, training, and hiring, as well as implementation of the Consent Decree: Detective James Diggs and Detective Lakeesha Thomas. Det. Diggs is a retired detective of the Police Department and former Chief of Security of the Motor Vehicle Administration. He retired as a Sergeant First Class from the Maryland Army National Guard. Det. Thomas would draw on her 20-year career in law enforcement, having served as a detective in the Force Investigations Team and the Equal Opportunity and Diversity Section of the Baltimore Police Department. She has a thorough understanding of the Police Department, as well as extensive experience in categorical use of force incidents and investigations of discrimination within the department. We have consulted a number of nationally prominent law enforcement leaders but have elected to defer to the City, the Police Department, and the Department of Justice as to recommendations of national experts whose approach and philosophy are most closely aligned with the Consent Decree. We would expect to engage one or more national experts upon the recommendation of the City, the Police Department, the Department of Justice, and the community. To engage a national expert without consultation of these stakeholders would be, in our view, premature and potentially detrimental to the effective implementation of the Consent Decree. • Nationally recognized experts in Criminal Justice & Criminology. Dr. Natasha Pratt-Harris of Morgan State University teaches community- based corrections, criminology, jails and prisons, juvenile delinquency,
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