EAST LANSING AGENDA Study Committee on an Independent Police Oversight Commission Meeting 6:00 PM - Monday, November 23, 2020 Online Portal
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1. OPENING
1.1. Roll call
1.2. Approval of the agenda
1.3. Approval of minutes 3 - 5 Study Committee 110920 Draft Minutes
1.4. Written Communications 6 - 14 NACOLE Agency Profiles Goals for the Establishment of a Police Oversight Commission Heraux Use of Force incidents Weekly Arrest Reports 11-5-2020 Goals to achieve by creating ELICPOC CRoot
1.5. Adopt a rule pursuant to MCL 15.263 sub-section 1 limiting public comment to 5 minutes per individual for today's electronic meeting
2. COMMUNICATION FROM THE AUDIENCE
3. NEW BUSINESS
3.1. Draft Outline of Study Committee Report to City Council 15 - 17 Subgroup 2 memo and draft report outline 11-20-2020
4. STAFF REPORTS
4.1. City Manager Information on Comparable Cities 18 - 73 Public Safety Oversight Comparisons Ann Arbor Code and Commission Lansing Board of Commissioners Charter and Complaint Review Charter MSU Police Oversight Committee Muskegon Citizens Police Review Board Bloomington Board of Public Safety Columbus Charter Amendment Evanston Ordinance Iowa City Board and Code Lincoln Board and Code Madison Board and Ordinance
4.2. ELPD Presentation on Use of Force 74 - 109 ForceCont_2 ForceCont_1
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Response To Resistance 12-20 Use of Force Presentation
5. SUBCOMMITTEE REPORTS
5.1. Group 1: Research Oversight Commissions in Non-Comparable Cities 110 - 151 Re_ Study Committee Group 1 Report 111920 DOJ Action under 1994 Violent Crime Control and Law Enforcement Act profiles of Albany Albuquerque Berkeley and Eugene LOS ANGELES SAN FRANCISCO ATLANTA
5.2. Group 2: Study Committee Report to Council 152 - 154 Subgroup 2 memo and draft report outline 11-20-2020
6. COMMISSIONER ANNOUNCEMENTS
7. OLD BUSINESS
8. ADJOURNMENT
Page 2 of 154 Study Committee on an Independent Police Oversight Commission November 9, 2020, 6:00 PM Online Portal
1. OPENING: Meeting called to order at 6:00 PM 1.1 Roll call: Sade Callwood (attending virtually from Douglas, MA), Kelli Ellsworth- Etchison (attending virtually from East Lansing, MI), Noel Garcia, Jr. (attending virtually from East Lansing, MI), Chuck Grigsby (attending virtually from East Lansing, MI), Cedrick Heraux (attending virtually from Mason, MI), Helen Josephson (attending virtually from East Lansing, MI), Chris Root(attending virtually from East Lansing, MI), Erick Williams(attending virtually from East Lansing, MI), Quentin Tyler and Tonya Williams were excused; Ron Bacon joined the meeting at 6:08 PM and Sharron Reed-Davis joined the meeting at 6:53 PM 1.2 Approval of agenda: Motion: Root; Second: Heraux; motion passed and member approved 1.3 Approval of minutes: Motion: Ellsworth-Etchison; Second: Heraux; motion passed and member approved 1.4 Written communication 102620 Email EWilliams (E Williams) New Orleans Performance Indicators (E Williams) E Williams explained New Orleans Police Department had a consent decree to evaluate Police Officers on these performance factors Resources for 11-9-2020 meeting (Root) 1.5 Adopt a rule pursuant to MCL 15.263 sub-section 1 limiting public comment to 5 minutes per individual for today’s electronic meeting. Motion: Root; Second: E Williams. Ellsworth-Etchison made a friendly amendment to the motion to adjust the time to 3 minutes; Josephson Second; motion passed and member approved with one opposed.
2. COMMUNICATIONS FROM AUDIENCE Kath Edsall noted that she has concerns with the Study Committee relying on ELPD to produce all requested materials/information. Edsall also noted that she strongly supports an early intervention system at ELPD and would like to see the 2-year disciplinary drop off period for police officers eliminated.
Chief Johnson clarified that the 2-year look back is part of the labor agreement. City Manager Lahanas stated 2-year look backs in contracts are common and suggested hearing from the City’s Labor Attorney might be helpful.
More discussion ensued about early warning systems and department accreditation. Chief Johnson confirmed ELPD is looking into early warning systems and that the
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Page 3 of 154 department’s accreditation will take up to 2 years to complete. Guardian, Blue Team and Benchmark Analytics were all brought up. City Manager Lahanas said the Commission should recommend a program that would include an early warning system.
3. NEW BUSINESS
3.1 Discuss December Meeting Schedule due to East Lansing School Board Meeting Group decided to look at the work plan first and come back to this item.
3.2 Discuss Work Plan and Work Groups Root explained that Callwood and Root discussed a work plan and how a final report would be written. Root developed a tentative and evolving work plan along with 5 proposed work groups: Data Reports, Overview Committee Structure and Scope, Policy Review, Study Committee Report and Public Input and Unions. Having a work plan provides an outline for getting the work done. It incorporates much of what has been discussed utilizing speakers and NACOLE resources. Time was spent discussing what work groups can and cannot do under the Open Meetings Act.
City Manager Lahanas informed the committee that, for several months, an intern had been researching oversight commissions in comparably-sized cities and Big 10 cities.
Committee members and City Manager Lahanas discussed other alternative approaches to taking on the work of this committee. Ultimately, the Study Committee decided to form two work groups. Group 1 with Heraux, E Williams, Reed-Davis and Josephson will gather information on oversight commissions in non-comparable cities. Group 2 with Garcia Jr., Callwood and Root will explore ideas for how to structure the Study Committee’s report to Council, including reviewing similar reports in other cities. The work groups understand that to be in compliance with the Open Meetings Act, they may not write policies or make decisions.
City Manager Lahanas agreed to pull together the information on comparable and Big 10 cities for the next meeting. West Lafayette, IN (home of Purdue) might be a good resource.
The Study Committee was reminded not to collectively reply all on emails and to get information to Shafer so it can be shared with the entire Study Committee and made available to the public.
3.3 Identify Additional Information Needed from the East Lansing Police Department 2
Page 4 of 154 The group requested more information on early warning systems on the market and Chief Johnson agreed to collect and share that information. The group also expressed a need for a common understanding about ELPD complaints and use of force incidents and the use of force continuum, as well as a deeper look at these topics. Chief Johnson agreed to have ELPD put together a 30 minute presentation on each to be presented at the next two meetings.
3.4 Discuss Goals Study Committee has for Oversight Commission Grigsby and E Williams went over the documents they submitted and encouraged other Commissions to follow suit. Others will provide their ideas at the next meeting now that they are clear on their assignment.
4. STAFF REPORTS: None
5. COMMISSIONER ANNOUNCEMENTS Root clarified that there will be a use of force presentation at the 11/23/20 meeting and presentation about ELPD complaints at the following meeting. It was suggested that the schedule of meetings in December be 12/7/20 and 12/14/20. Staff was directed to see if this is viable and will report back at the next meeting. Callwood questioned whether she would be allowed to continue on the Study Committee after Dec. 31 due to new Open Meetings Act guidelines. City Manager Lahanas felt an emergency order was likely to continue after that date, allowing her to continue. The group echoed their desire for her to continue.
6. OLD BUSINESS
6.1 NACOLE and Commission Models Topic on hold until the group is ready for this discussion. Reed-Davis asked for clarity and reminders about what Commissioners are asked to accomplish before each meeting. Grigsby will work with Shafer on providing reminders to group members.
7. ADJOURNMENT: Motion: Garcia, Jr.; Second: Reed-Davis; motion passed and member approved at 8:15 PM.
The next meeting is 11/23/20 from 6:00-8:00 PM via Zoom.
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Page 5 of 154 National Association for Civilian Oversight of Law Enforcement Agency Profiles https://www.nacole.org/agency_profiles
The Professional Standards Committee, on behalf of the Board of Directors, undertook an ambitious and important project to create detailed profiles of civilian oversight agencies/entities across the United States. The Committee's goal was to compile profiles of oversight agencies representing different models of oversight, using a standardized set of criteria (adapted from the agency profiles found in CACOLE’s compendium of all oversight agencies in Canada). Each profile includes attachments and/or links to websites containing relevant original documents related to an agency’s scope, authority and operations. A major goal of this project was to provide individuals or groups who are establishing oversight with models of enabling legislation, regulations, procedures, etc. Below is the list of those profiles that have been prepared to date. Click each agency's name to access its profile.
Albany, NY: Citizens' Police Review Board (Review & Appellate)
Albuquerque, NM: Independent Review Office of the Police Oversight Commission (Auditor, Hybrid, Investigative)
Atlanta, GA: Citizen Review Board (Investigative, Review Board)
Austin, TX: Office of the Police Monitor (Monitor)
Berkeley, CA: Police Review Commission (Commission, Investigative)
Eugene, OR: Office of the Police Auditor & Civilian Review Board (Auditor, Monitor, Review Board)
Kansas City, MO: Office of Community Complaints (Investigative, Quality Assurance)
Los Angeles, CA: Board of Police Commissioners, Office of the Inspector General (Auditor, Investigative, Review)
New Orleans, LA: Office of the Independent Police Monitor (Auditor, Monitoring)
Portland, OR: Portland City Auditor’s Independent Police Review Division (Auditor, Investigative, Monitor)
San Diego, CA: Citizens’ Law Enforcement Review Board (Investigative, Review Board)
San Francisco, CA: Office of Citizen Complaints (Commission, Investigative)
Page 6 of 154 Goals for the Establishment of a Police Oversight Commission: Cedrick G. Heraux, Ph.D. (Nov. 14th 2020) In general, civilian oversight of law enforcement operations must be concerned with: 1. Independence – as an advocate for the public, the oversight body must maintain independence from the East Lansing Police Department (ELPD), which requires a. clearly-defined and adequate jurisdiction over investigations/complaints b. proper access to records, facilities, staff and executives c. adequate funding by the city of East Lansing 2. Transparency (to both the public and the ELPD) in a. limits of authority b. procedural justice regarding the investigation/complaint process, to include post-decision (i.e. protection from retaliation)
These features are often confronted by: 1. Resistance from police unions regarding subpoena power and final authority on discipline 2. Lack of appropriate record-keeping to analyze patterns of complaints regarding use of force and other officer misconduct, including unprofessional behavior
At their core, oversight bodies must ensure that: 1. Complaint procedures are accessible, fair and transparent 2. Record-keeping is such that patterns of complaints and other police data can be analyzed 3. Investigation and disciplinary procedures are consistent and effective 4. Legal liability of law enforcement organizations due to officer misconduct is reduced 5. Public understanding of police policy, training and practice is enhanced
Specific recommendations for the goals of the oversight body: 1. Investigate individual citizen complaints of alleged police misconduct (may be parallel to internal investigation) a. Report findings to complainant b. Recommend discipline to the Chief of the ELPD 2. Analyze police data regarding use of force, pedestrian and traffic stops, charges of resisting arrest or obstructing justice, and all citizen complaints to identify patterns or practice of violations 3. Assess current and proposed ELPD policy regarding recruitment, training (academy and in-service), retention of officers
Oversight of the ELPD should be “best-fit” (rather than “best practices”) and “least intrusive” necessary to achieve these goals.
Page 7 of 154 Use of Force incidents in East Lansing Police Department (ELPD) Weekly Arrest Reports, January 1, 2019 ‐ November 5, 2020
Weekly Arrest Reports are on ELPD website at: https://www.cityofeastlansing.com/Archive.aspx?AMID=47 Notes: Incident on 2/9/2020 at 311 Grove Street was not marked with a use of force code in the Weekly Arrest Report. However use of force was described in the case report of this incident and in a special presentation to City Council, so it was added in this list. Information that all cases of firearm discharge involved animals, not humans, came from Deputy Chief Steve Gonzalez, when asked by ELi.
Spreadsheet of data provided by East Lansing Info (ELi) Data Analyst Nathan Andrus.
Use of Force Codes: 8801 ‐ Firearm Display 8807 ‐ Taser Deployed 8802 ‐ Firearm Discharge 8808 ‐ PPCT (Pressure Point Control Tactics) 8806 ‐ Taser Display 8809 ‐ Other Force N/A ‐ No charged offense listed.
Date of # of # of Location Cross Street Charged Offense Use of Force Code Week of Date of Incident Cases Arrestees Report Weekly Report 1/28/2019 1 0 595 Spartan N/A 8809 ‐ Other Force 1/28/2019 2/4/2019 2/3/2019 1 0 1619 Wintercrest N/A 8801 ‐ Firearm Display 1/28/2019 2/4/2019
2/17/2019 1 0 Melrose Timberlane 9204 ‐ Mental / Emotional Health 8809 ‐ Other Force 2/11/2019 2/19/2019 Investigation 2/17/2019 1 0 Kalamazoo St Marigold Ave 9912 ‐ Other Agency Assist 8801 ‐ Firearm Display 2/11/2019 2/19/2019 4801 ‐ 48000 ‐ Resisting Officer 2/23/2019 1 0 601 E Grand River 5311 ‐ 53001 ‐ Disorderly Conduct 8807 ‐ Taser Deployed 2/18/2019 2/25/2019 8808 ‐ PPCT
3/12/2019 1 0 Saginaw Park Lake Rd 9901 ‐ 93001 ‐ Traffic, Non‐ 8802 ‐ Firearm 3/11/2019 3/18/2019 Criminal ‐ Accident Discharge 3/28/2019 1 1 Albert Ave Grove St 5311 ‐ 53001 ‐ Disorderly Conduct 8808 ‐ PPCT 3/25/2019 4/1/2019
4/1/2019 1 0 1866 Haslett Rd N/A 8809 ‐ Other Force 4/1/2019 4/8/2019 5/4/2019 1 0 Lake Lansing Regency N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 4/29/2019 5/6/2019 Discharge Page 8 of154
1 Date of # of # of Location Cross Street Charged Offense Use of Force Code Week of Date of Incident Cases Arrestees Report Weekly Report 5/9/2019 1 0 Albert Ave Charles N/A 8809 ‐ Other Force 5/6/2019 5/13/2019 5/9/2019 1 0 633 Moorland Ave N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 5/6/2019 5/13/2019 Discharge 5/14/2019 1 0 Coolidge Rd State Rd N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 5/13/2019 5/20/2019 Discharge 5/19/2019 1 0 Harrison Darlington N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 5/13/2019 5/20/2019 Discharge 5/26/2019 1 0 409 Park Ln 2998 ‐ 29000 ‐ Damage to 8806 ‐ Taser Display 5/20/2019 5/28/2019 Property ‐ Destroy, Injure Property of Police or Fire Departments
6/1/2019 1 0 Haslett Rd Park Lake Rd N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 5/27/2019 6/3/2019 Discharge 6/2/2019 1 0 1800 E State Rd N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 5/27/2019 6/3/2019 Discharge 6/8/2019 1 0 Grand River Ave Hagadorn N/A 8809 ‐ Other Force 6/3/2019 6/10/2019 6/10/2019 1 1 1400 E Lake Lansing Rd 1211 ‐ 12000 ‐ Robbery, Banking 8801 ‐ Firearm Display 6/10/2019 6/17/2019 Type Institution 6/12/2019 1 0 1310 Abbot N/A 8809 ‐ Other Force 6/10/2019 6/17/2019 6/24/2019 1 1 Albert Ave Abbot Rd 5311 ‐ 53001 ‐ Disorderly Conduct 8806 ‐ Taser Display 6/24/2019 7/3/2019
7/14/2019 1 0 311 Grove St N/A 8801 ‐ Firearm Display 7/8/2019 7/15/2019
7/15/2019 1 0 1161 Woodingham N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 7/15/2019 7/22/2019 Discharge 8/19/2019 1 0 Burcham Stoddard N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 8/19/2019 8/26/2019 Discharge 8/19/2019 1 0 Burcham Stoddard N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 8/12/2019 8/21/2019 Discharge Page 9 of154
2 Date of # of # of Location Cross Street Charged Offense Use of Force Code Week of Date of Incident Cases Arrestees Report Weekly Report 8/21/2019 1 1 Oakhill Ave Sunset Ln 2206 ‐ 22004 ‐ Posession of 8807 ‐ Taser Deployed 8/19/2019 8/26/2019 Burglary Tools 2804 ‐ 28000 ‐ Stolen Property ‐ Posessing 4801 ‐ 48000 ‐ Resisting Officer 8/31/2019 1 1 435 MAC Ave 5311 ‐ 53001 ‐ Disorderly Conduct 8806 ‐ Taser Display 8/26/2019 9/3/2019
9/3/2019 1 0 1308 Marble N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 9/2/2019 9/9/2019 Discharge 9/7/2019 1 0 231 Bogue Apr 203 9204 ‐ Mental / Emotional Health 8801 ‐ Firearm Display 9/2/2019 9/9/2019 Investigation 9/13/2019 1 1 Haslett Rd 5005 ‐ 50000 ‐ Contempt of Court 8809 ‐ Other Force 9/9/2019 9/16/2019
9/13/2019 1 0 1301 W Lake Lansing N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 9/9/2019 9/16/2019 Discharge 9/20/2019 1 0 Abbot Abbot Rd Park N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 9/16/2019 9/23/2019 Discharge 10/10/2019 1 0 1800 E State Rd N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 10/7/2019 10/16/2019 Discharge 10/25/2019 1 0 211 E Grand River N/A 8809 ‐ Other Force 10/21/2019 10/30/2019 11/4/2019 1 0 1723 Anderson Way N/A [animal ‐ deer or racoon] 8802 ‐ Firearm 11/4/2019 11/13/2019 Discharge 11/25/2019 1 0 1350 W Lake Lansing 5393 ‐ Disorderly Conduct (Other) 8809 ‐ Other Force 11/25/2019 12/4/2019
11/26/2019 1 0 1850 Abbot Rd Apt B04 9204 ‐ Mental / Emotional Health 8809 ‐ Other Force 11/25/2019 12/4/2019 Investigation 12/3/2019 1 0 2900 Northwind Apt 420 9912 ‐ Other Agency Assist 8801 ‐ Firearm Display 12/2/2019 12/11/2019
12/18/2019 1 0 1350 W Lake Lansing 3078 ‐ 30002 ‐ Retail Fraud Theft 8809 ‐ Other Force 12/16/2019 12/26/2019 3rd Degree 12/22/2019 1 1 213 Ann St 5311 ‐ 53001 ‐ Disorderly Conduct 8809 ‐ Other Force 12/16/2019 12/26/2019 Page 10 of154
3 Date of # of # of Location Cross Street Charged Offense Use of Force Code Week of Date of Incident Cases Arrestees Report Weekly Report 12/22/2019 1 1 213 Ann St 5311 ‐ 53001 ‐ Disorderly Conduct 8809 ‐ Other Force 12/16/2019 12/26/2019 12/28/2019 1 1 Lake Lansing Coolidge 5311 ‐ 53001 ‐ Disorderly Conduct 8808 ‐ PPCT 12/23/2019 1/2/2020 8202 ‐ DWLS
1/10/2020 1 0 2597 Abbot Rd N/A 8808 ‐ PPCT 1/6/2020 1/15/2020 1/12/2020 1 1 531 Sycamore 5311 ‐ 53001 ‐ Disorderly Conduct 8808 ‐ PPCT 1/6/2020 1/15/2020
1/31/2020 1 Lake Lansing Larch N/A 8809 ‐ Other Force 1/27/2020 2/5/2020 2/4/2020 1 0 301 MAC Ave 5591 ‐ 55000 ‐ Inhalation of 8809 ‐ Other Force 2/3/2020 2/12/2020 Chemical Agents 2/5/2020 1 0 Grand River Ave Hamilton N/A 8801 ‐ Firearm Display 2/3/2020 2/12/2020
2/9/2020 1 1 311 Grove St 1313 ‐ 13001 ‐ Assault and N/A 2/3/2020 2/12/2020 Battery/Simple Assault 5311 ‐ 53001 ‐ Disorderly Conduct
2/9/2020 1 1 311 Grove St 1313 ‐ 13001 ‐ Assault and N/A 2/3/2020 2/12/2020 Battery/Simple Assault 5311 ‐ 53001 ‐ Disorderly Conduct 2/9/2020 1 1 311 Grove St 1313 ‐ 13001 ‐ Assault and N/A 2/3/2020 2/12/2020 Battery/Simple Assault 5311 ‐ 53001 ‐ Disorderly Conduct 3/6/2020 1 0 Lake Lansing Arbor Glen 9304 ‐ Vehicle Impound/Warrant 8809 ‐ Other Force Tow 4/6/2020 1 0 908 Hicks Dr 2298 ‐ 22003 ‐ Burglary ‐ Entering 8801 ‐ Firearm Display 4/6/2020 4/15/2020 Without Permission 4/16/2020 1 0 1665 Haslett Rd 1313 ‐ 13001 ‐ Assault and 8809 ‐ Other Force 4/13/2020 4/22/2020 Battery/Simple Assault 5/7/2020 1 0 3015 E Grand River 3070 ‐ 30002 ‐ Retail Fraud Theft 8801 ‐ Firearm Display 5/4/2020 5/13/2020 3rd Degree 5311 ‐ 53001 ‐ Disorderly Conduct Page 11 of 154
4 Date of # of # of Location Cross Street Charged Offense Use of Force Code Week of Date of Incident Cases Arrestees Report Weekly Report 5/27/2020 1 0 734 Linden St 9511 ‐ Medic Assist 8809 ‐ Other Force 5/18/2020 5/27/2020 5/26/2020 1 1 1223 Ferndale 1313 ‐ 13001 ‐ Assault and 8806 ‐ Taser Display 5/25/2020 6/3/2020 Battery/Simple Assault 4801 ‐ 48000 ‐ Resisting Officer 5080 ‐ Other Agency Warrant Assist 6/10/2020 1 1 1602 Shouth Shore 5396 ‐ CCW 8801 ‐ Firearm Display 6/8/2020 6/17/2020
6/11/2020 1 0 Grand River Ave Coolidge 8275 ‐ 54003 ‐ Traffic ‐ Driver 8809 ‐ Other Force 6/8/2020 6/17/2020 License Law Violation 6/11/2020 1 0 330 Grove 5202 ‐ 52001 ‐ Concealed 8801 ‐ Firearm Display 6/8/2020 6/17/2020 Weapons ‐ Carrying 6/11/2020 1 0 Albert Ave MAC 8808 ‐ PPCT 6/8/2020 6/17/2020 6/18/2020 1 0 724 Princeton Ct 9956 ‐ 99008 ‐ Miscellaneous ‐ 8801 ‐ Firearm Display 6/15/2020 6/29/2020 Assist to Other Police Agency 7/26/2020 1 0 US 127 Trowbridge Rd 9204 Mental/Emotional Health 8809 ‐ Other Force 7/20/2020 7/29/2020 Investigation 8/15/2020 1 0 808 Michigan Ave 9511 ‐ Medic Assist 8809 ‐ Other Force 8/10/2020 8/19/2020 8/17/2020 1 0 501 Pine Frst Dr Apt 201 9912 ‐ Other Agency Assist 8801 ‐ Firearm Display 8/10/2020 8/19/2020
8/18/2020 1 0 6152 Farrington Ct 9912 ‐ Other Agency Assist 8801 ‐ Firearm Display 8/17/2020 8/26/2020
10/4/2020 1 1 327 Abbot Rd 3511 ‐ 53001 ‐ Disorderly Conduct 8808 ‐ PPCT 9/28/2020 10/7/2020
10/12/2020 1 0 634 MAC Ave 9204 ‐ Mental / Emotional Health 8808 ‐ PPCT 10/5/2020 10/14/2020 Investigation 10/18/2020 1 0 1624 Haslett Rd 9204 ‐ Mental / Emotional Health 8808 ‐ PPCT 10/12/2020 10/21/2020 Investigation 11/5/2020 1 0 425 Albert 2902 ‐ 29000 ‐ Damage to 8801 ‐ Firearm Display 11/2/2020 11/12/2020 Property ‐ Private Property 11/5/2020 1 0 Kalamazoo St Detroit 9912 ‐ Other Agency Assist 8801 ‐ Firearm Display 11/2/2020 11/12/2020 Page 12 of154
5 Goals to achieve by creating an East Lansing Independent Police Oversight Commission
Chris Root, November 19, 2020
Meaningful community oversight of police in municipalities in Michigan faces numerous obstacles, not all of which can be overcome at the present time. Here are goals to seek to achieve now, while working to change statutory and other roadblocks.
1. The purpose of oversight by a commission composed of people from the community is to increase the accountability of the East Lansing Police Department (ELPD) and its officers to the community that it is mandated to serve. This includes both adding a layer of independent, transparent oversight and also reviewing and making recommendations about internal policies and procedures – especially those concerning accountability.
2. A goal of increasing accountability is to minimize use of force to incidents and methods where it is necessary. Police officers sometimes say that one of their goals is to return home at the end of their work day. This is a legitimate concern. Staying alive and not being seriously injured also is a legitimate concern of people who come into contact with police who are not posing an immediate danger to the life of another person.
3. A goal of increasing accountability is to achieve racial equity. The racial or ethnic identity of an individual should not predict that person’s interactions with the police or likelihood of being harmed or arrested.
4. A goal of increasing accountability is to protect and not discriminate against people in all protected classes defined in Civil Rights Article II of the East Lansing City Code.
5. Release and analysis of data about policing is necessary in order to measure progress toward goals of the department, the City, and the community. The ELPD should expand its reporting and analysis of data about practices of concern to the community, including complaints, use of force, racial bias and racial equity, and hiring and retention. Such reports and analysis should be made accessible to the public on the ELPD website, where they should be archived so as to remain available for analysis over time.
6. The Oversight Commission should independently monitor and analyze information about topics such as those identified in #5, above, and it should be able to obtain data needed for such analysis. Reports and analysis of the Oversight Commission should be published and archived on its website.
7. The Oversight Commission should consistently, and in a timely manner, receive information from the ELPD that it is legally allowed to obtain. When information is denied, this should be stated and explained in writing. Information about complaints, police‐ initiated stops, and use of force should include racial demographic data about both the officer and the person(s) from the public involved.
Page 13 of 154 8. The Oversight Commission should have authority to review and make recommendations to the ELPD about policies and procedures on topics including but not limited to complaints, use of force, fair and equitable policing, and equity in hiring and retention. A written response from ELPD should be required stating whether they accept or reject the recommendations in whole or in part, including their reasons, within a specified time period. All recommendations for changes, along with the response from ELPD, should be placed on an Oversight Commission website and maintained there in a public archive.
9. Reviewing and making recommendations about the use of force policy (now called “Response to Resistance” by the ELPD) should be a high priority of the Commission. The Commission should also give priority to reviewing and making recommendations concerning the policies and effectiveness of the Community Assistance and Proactive Services (CAPS) division, particularly the most effective way to use social workers and possible changes in the dispatch system for mental health incidents.
10. The Oversight Commission should be transparent about its activities. One way to implement this is for the Commission to elect a Secretary who will prepare minutes that meet requirements of the Open Meetings Act and that also summarize what transpires at meetings.
11. An essential characteristic of the Oversight Commission is that it be independent of the ELPD, the City administration, and the City Council.
12. An important aspect of ensuring that the Commission is independent is that it must be able to consult its own legal counsel, with budget provided by the City.
13. Prior to negotiations over renewal of the collective bargaining agreements with unions of ELPD employees, the City Manager and Human Resources Director should meet with the Oversight Commission to discuss issues of concern to the Commission that affect effective police accountability.
14. An Oversight Commission should advocate for and enhance protection and equitable treatment of members of the community. It should give members of the public an opportunity to be heard on matters on which the Commission has a role. What an oversight commission may or may not be able to do regarding either reviewing or investigating complaints against ELPD employees depends on information it is able to obtain. Giving the commission responsibilities it cannot realistically achieve will only frustrate members of the community who are willing to participate and erode public confidence more broadly.
Page 14 of 154 MEMORANDUM To: Study Committee on an Independent Police Oversight Commission From: Subgroup 2 on Study Committee report to City Council Sade Callwood, Noel Garcia, and Chris Root Subject: Draft report outline for your consideration and several questions Date: November 20, 2020
Subgroup 2 met via Zoom on November 20, 2020 to discuss an outline of the Study Committee’s report to the City Council. Three people were present ‐ Sade Callwood, Noel Garcia, and Chris Root. Attached please find a draft outline of the Study Committee report, for discussion at Nov. 23 meeting. This draft document does not include any suggestions about the substance of recommendations the Study Committee will make. The purpose of this document is twofold: (1) to help the Study Committee decide what to include in its report, and (2) to make it possible to draft some sections before the end of its deliberations. These are the decisions that we suggest the Study Committee consider on November 23. (1) Agree to broad outlines of a report to Council, starting with the attached draft. (2) If a draft outline is agreed on, agree that Section I can be drafted soon, and decide who will prepare draft of this section.
Further ideas that arose from our meeting: It is important for the Study Committee to schedule and design a public input session; input from the public needs to be a part of the report to Council. December is probably too soon; could it be scheduled in January? If so, can a subcommittee begin thinking about format, discussion questions, and publicity? As you review the draft report to Council, consider what the Study Committee would like to communicate to the Oversight Commission, so this information can be included in the report to Council. (The Study Committee will no longer exist when a new Oversight Commission convenes.) These questions arose from our meeting:
The Study Committee would benefit from clarity about how it can draft and revise its report without violating the Open Meetings Act. We are aware that the Financial Health Review Team wrote a thorough, well‐received report to the City Council. It would be helpful to learn about relevant provisions of the OMA as soon as possible.
Two related questions: (1) Should the Study Committee recommend staff and budget needs for an Oversight Commission? (2) Will staff and budget needs be included in a draft ordinance creating an Oversight Commission, or will City Council take action on those separately?
Will the Oversight Commission require Bylaws? If so, we do not propose that the Study Committee draft them, but we should find out whether the recommendation we make should include that Bylaws must be created.
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Draft outline of Study Committee report to City Council
Submitted by Subgroup 2 (Root, Callwood, and Garcia) November 20, 2020
Excerpt from resolution creating the Study Committee on an Independent Police Oversight Commission:
IT IS FURTHER RESOLVED, The Study Committee shall present to City Council a report containing its recommendations within six months of the
first meeting of the Study Committee.
SECTION I: Purpose of the Study Committee and its report
Purpose: To present recommendations for an ordinance creating an Oversight Commission and rationale for them, with relevant background information
Council’s resolution creating Study Committee and the committee’s membership
Overview of Study Committee’s work, information gathered, and research undertaken
Input from the community about oversight of policing
SECTION II: History and current practices of oversight of police in East Lansing
History of oversight of East Lansing Police Department (ELPD), including: ELPD reports of complaints to Human Relations Commission (2017‐2020) Ordinance 1463 establishing a Public Safety Review Board (May 2019) How are complaints and use of force incidents currently handled? Recent examples of complaint and use of force incidents that reveal usefulness of changes to oversight system
SECTION III: Models of oversight commissions, difficulties of evaluation, constraints, and trends
National context: Models and trends
Issues of Best Practices and research on effectiveness; changes made to oversight bodies in some cities to address weaknesses and challenges
Legal and union context: Collective bargaining agreements and state laws
Page 16 of 154 2
SECTION IV: Recommendations for ordinance to create Oversight Commission OR draft ordinance
Rationale for the model proposed by Study Committee, based on research of national experiences
Possible sections of ordinance creating an Independent Police Oversight Commission (based on NACOLE guidebook and several ordinances in other cities):
a. Purpose or mission of Oversight Commission b. Definitions c. Powers and duties of Oversight Commission d. Membership (e.g., number of commissioners, method of appointments (including vacancies), eligibility and qualifications, terms, volunteer status, training once on the Commission) e. Procedures of Oversight Commission f. Information the Oversight Commission will be able to receive and how it will be obtained g. Communication and outreach to community h. Meetings of Oversight Commission i. Role in reviewing complaints (including types of complaints) j. New mediation program – option for handling complaints (if chosen) (?) k. Role in reviewing and making recommendations concerning ELPD policies and procedures l. Report(s) required of Oversight Commission (e.g., annual report, reports of policy recommendations) m. Operation of Commission in compliance with City Charter, Open Meetings Act, other? Staffing ? Budget ?
Appendices
Selected information obtained by Study Committee (e.g., Data about complaints, arrest, use of force, and police‐initiated stops, all with demographic data; other)
References
Selected literature used by Study Committee
Page 17 of 154 Police Department Size City Population Citizen Oversight (Y/N) Name Year Established Type Fire (Y/N) Appointment Process Additional Info (Officers)
Jackson 32,704 46 N
Bay City 33,188 49 N Consolidated Department of Public Safety includes Police and Fire/EMS
Holland 33,366 57 N Annual report includes no information on complaints or internal investigations
By City Commission, three members from minority organizations, three members Complainants can appeal, Board can review relevant materials, recommends action to City Muskegon 38,131 74 Y Citizen's Police Review Board 1998 Review N from Neighborhood associations, one law enforcement personnel from another Manager jurisdiction, two citizens at large
Midland 41,950 46 N
Internal Affairs office responsible for conducting investigations, Public Safety Director Portage 48,816 54 N responsible for final disposition
Michigan State Elected, Three faculty members, two staff members, three students, one Ex- Appears to be mostly dormant, process is thoroughly confidential w/ minimal public 49,809 85 Y Police Oversight Committee 2012? Review N University Officio from MSUPD involvement
Battle Creek 51,286 109 N Office of Professional Standards, complainant may appeal to City Manager
Contracted an outside investigation of the Ann Arbor PD, established a task force to make 11 voting members, appointed by City Council liasons to the Human Rights Ann Arbor 113,934 125 Y Independent Community 2018? Investigative N recommendations on a community policing commission, access to all relevant evidence, Commission and approved by the City Council issues report about police action and policy changes
Board of Police Separate Board of Fire Commissioners, subcommittee is reponsible for reviewing Lansing 116,986 188 Y ? Review Y By mayor with City Council's approval Commissioners complaints, no disciplinary authority, review process is confidential
Page 18 of 154 Police Department Size Citizen Oversight City Population Name Year Established Type Fire (Y/N) Appointment Process Additional Info (Officers) (Y/N) The city does not have a police department, instead receiving police services from a combination of agencies with College Park 32,303 N/A N overlapping jurisdictions, including Prince George County Police Department, Maryland State Police, and Maryland University Police Department
State College 42,430 ~60 N Internal investigations conuducted by an internal review board and reviewed by the Chief of Police
West Lafayette 46,269 50 N Internal affairs unit
Internal affairs unit handles complaints, investigations conducted by a superior officer or internal affairs New Brunswick 57,073 139 N investigator
Reviews Office of Professional Standards investigations, ability to review all relevant information in closed Citizen Police Review 9 members, appointed to three year terms by the Evanston 74,756 ~150 Y 2019 Review N session, no disciplinary power, replaces Citizens' Police Advisory Committee, recommended by Citizen Police Commisson Mayor with the approval of City Council Complaint Assessment Committee Complaints are refered to the Chief of Police for an internal investigation, the Board reviews the investigative Community Police Review Iowa City 75,798 82 Y 1997 Review N 5 members appointed by City Council report and releases a public report on its findings, may request or conduct additional investigation including Board subpoenaing witnesses or hiring independent investigators
Bloomington 84,981 103 Y Board of Public Safety 1983? Review Y 5 members appointed by the mayor Oversees Police and Fire Departments
Independent Community 11 voting members, appointed by City Council Contracted an outside investigation of the Ann Arbor PD, established a task force to make recommendations on a Ann Arbor 113,934 125 Y Police Oversight 2018? Investigative N liasons to the Human Rights Commission and community policing commission, access to all relevant evidence, issues report about police action and policy Commission approved by the City Council changes City already has Police & Fire Commission, 5 members appointed by the Mayor to oversee hiring, disciple, and Independent Monitor, Audit/Monitor & Madison 255,214 461 In Progress In Progress N To be determined terminations of personnel, MPD Policy & Procedure Ad Hoc Committee produced 177 recommendations after Civilian Review Board Review four years Complaints invesitgated by a supervisor or internal affairs. Can also be filed with Citizen Police Advisory Board Citizen Police Advisory Lincoln 284,736 325 Y 1970s? Review N 7 members which holds informal meetings with the complainant and officer(s) involved. The complaint is either resolved by Board these meetings or a Board review of the internal affairs investigation Independent Civilian Extensive internal affairs unit with over 25 sworn officers, independent investigation found racial bias in use of Columbus 879,170 1,848 In Progress In Progress ? N To be determined Review Board force, Community Safety Advisory Commission recently released report calling for civilian review board
Page 19 of 154 1:210. - Independent Community Police Oversight Commission.
There is hereby created an Independent Community Police Oversight Commission. Historically, across the nation, policing has been used as a mechanism for social control by means including racial bias, disparities in police use of force, and the impacts of officer-involved shootings and other violent encounters with law enforcement officers. This fact, combined with ongoing racial discrimination in America today, creates distrust and tension between marginalized populations and law enforcement. The City of Ann Arbor and the Ann Arbor Police Department are committed to building trust and positive relationships with all segments of the community. The city cannot achieve this end without addressing our national history of using the police as a tool to reinforce systems of racial inequity. The formation of the Independent Community Police Oversight Commission is a necessary step in reframing the relationship that the residents of Ann Arbor have with the police and an investment in the smart, equitable, community-oriented policing that the Ann Arbor Police Department strives for and that our community deserves.
(Ord. No. 18-30, § 1, 10-15-18)
1:211. - Same—Definitions.
For purposes of the ordinance, the following terms shall have the following defined meanings: (1) Commission means the Independent Community Police Oversight Commission. (2) Department means the City of Ann Arbor Police Department. (3) Ordinance means the city ordinance that created the Commission, as amended. (4) Police-related policy means any policy or practice of the Department and any other policy or practice of the city or any of its agencies to the extent that it governs or otherwise bears on the work of the Department.
(Ord. No. 18-30, § 1, 10-15-18)
1:212. - Same—Purpose.
The Commission has all of the following purposes: (1) To improve and strengthen police-community relations. (2) To create an environment which allows for better communication, understanding, and relations between the Department and the community. (3) To provide the community with a role in recommending policies and practices that ensure a high quality of police services, and to give the community a voice in influencing the selection of leadership for the Department. (4) To provide oversight of the Department with regard to the provision of police services, with the goal that the entire community—meaning everyone who lives, works, studies in, or visits Ann Arbor—may live safely and experience equitable treatment in any interactions with the police. (5) To work with the Department to encourage the respectful treatment of all persons, and without undue use of force. This concern is of special significance with respect to segments of the community that are vulnerable and have been marginalized, such as persons of color, immigrants, low-income people, victims of domestic violence, those who suffer from mental illness, and transgender persons.
Page 20 of 154 (6) To provide a process for outside review of particular incidents to evaluate the police response in the incident as well as the sufficiency of any police investigation related to the incident and to recommend any changes in police policies or practices.
(Ord. No. 18-30, § 1, 10-15-18)
1:213. - Same—Nature of the Commission.
The Commission is created by the city with the authority stated under City Charter Sections 5.17(a) and (b). The Commission will exercise its authority and judgment independent of city administration under the ordinance. The Commission shall provide advice, through reports and recommendations, to the Police Chief, the City Administrator, and the City Council with respect to matters concerning the Department consistent with the authority in Section 5.17(a) of the City Charter. The Commission shall take other actions as are prescribed by the City Council pursuant to Section 5.17(b) of the City Charter. The creation and operation of the Commission shall not impair the authority and responsibility of the Police Chief, the City Administrator, and the Council, as provided in the City Charter. Reports, recommendations, conclusions, and findings produced by or for the Commission are not binding, factually or legally, on the City or any part thereof, including the Department, the City Administrator, the City Attorney, and the City Council.
(Ord. No. 18-30, § 1, 10-15-18)
1:214. - Same—Composition of the Commission.
(1) Membership . The Commission shall consist of 11 voting members, 1 of which shall be a youth member, to be appointed by 1 or more of the City Council liaisons to the Human Rights Commission or liaisons to the Commission with the approval of the City Council. In making appointments of members to the Commission, City Council liaisons to the Human Rights Commission and the Commission shall appoint persons who, insofar as possible, represent the City's diverse population—especially those who tend to have significant negative interactions with the police and are committed to improving police and community relations. Persons who are current employees of the City or who have been employed by the City, including active or former police officers, within 5 years of nomination shall not be eligible for appointment. The requirements in the preceding sentence may be waived by a resolution approved by at least 7 members of City Council for current and former employees who are or were classified as temporary employees and who received fewer than 7 pay checks in any year from the City. (2) Initial recruitment process. To recruit applications community-wide for initial membership on the Commission, the Ann Arbor Human Rights Commission will do publicity and outreach to organizations that represent diverse populations. The Human Rights Commission, in conjunction with diverse representatives of the community, will plan multiple ways to inform the community about the Commission and the role and expectations of Commission members and its advisors. An application form shall be posted online and hard copies shall be made available in City Hall. Translation services shall be made available to applicants as necessary. Applicants may also choose to apply by interview completed by Human Rights Commission. Failure to apply shall not disqualify a person from being eligible for appointment. The Mayor, City, and other community organizations may also solicit recommendations for nominations from the community. (3) Diversity of membership. The Commission, community organizations, and City Council shall endeavor to ensure that (a) the overall membership of the Commission reflects the City's diverse population, including income level, race, ethnicity, age, gender, sexual orientation, and experience; (b) segments of the community that are vulnerable and have been marginalized, and that tend to have significant negative interactions with the police, are amply represented; and (c) the Commission includes members with a variety of skills, expertise, and life experiences bearing on the work of the Commission, such as people who work or have worked in the fields of mediation, conflict resolution,
Page 21 of 154 mental health, housing, homelessness, anti-racist and equity reform, and transformative justice, and people who have had significant experience with the police, law enforcement, and the criminal justice system. (4) Terms. Terms for voting members shall be 3 years, other than any youth member whose term shall be 1 year. Terms shall be staggered so that approximately ⅓ of the voting members' terms expire each year. (5) Term limit. No person serving on the Commission continuously for 6 years shall be eligible for reappointment, until the lapse of 3 years. (6) City Council liaisons. The City Council will designate 2 of its members to serve as liaisons to the Commission. They will sit with the Commission as nonvoting members but otherwise may participate fully in meetings of the Commission. (7) Filling vacancies. If a seat on the Commission becomes vacant, it shall be filled in accordance with Section 12.14(b) of the City Charter.
(Ord. No. 18-30, § 1, 10-15-18; Ord. No. 19-05, § 1, 3-4-19)
1:215. - Same—Incident review.
(1) Incident review. The Commission shall have the authority to review and examine the actions of the Department with respect to individual incidents after the Department has acted. The review extends to both the conduct of the police officers involved in the incident and to those police officers who examine the incident for disciplinary or other purposes. The Commission's review and examination shall not precede or be concurrent with Department actions, but shall occur after the Department and city have completed all proceedings related to the incident or action under review, including investigative, criminal, disciplinary, complaint, and other proceedings. (2) Filing a complaint. (a) Any individual, whether or not involved in the incident in question and without respect to citizenship or residence, may file a complaint with the Commission or the Department. The Commission shall not inquire about any complainant's immigration status or gender identity. (b) The complaint may be filed in person, by telephone, by e-mail, or by mail. The complaint should contain information about the alleged incident, including location, date and involved police officers, if known. Any complaints received by the city that are addressed to the commission, should be promptly forwarded to the Commission. (c) The complainant may choose to file the complaint anonymously. If filed anonymously, the Commission shall not attempt to determine the identity of the complainant, and shall attempt to communicate with the complainant only if it can do so without learning the complainant's identity. If a complaint is made without revealing the identity of the complainant, the Commission shall treat the complaint as being filed anonymously. A complainant who files anonymously may decide at a later time to reveal the complainant's identity. The fact that a complainant's identity is known to a Commission member shall not prevent the complainant from filing the complaint anonymously. (d) The Commission may also initiate its own review of the Department's complaint disposition in a particular incident or the Department's response to an incident. The Commission's review shall not precede or be concurrent with Department actions, but shall occur after the Department and city have completed all proceedings related to the complaint disposition under review, including investigative, criminal, disciplinary, complaint, and other proceedings. (e) There is no time limit for filing a complaint or for initiation of review of an incident. The Commission will exercise appropriate caution in reviewing an incident that is not recent, but it shall act on the recognition that no matter how old an incident is it may hold lessons for the future.
Page 22 of 154 (f) A person who wishes to transmit information to the Commission or city, but does not wish to file a complaint or contact the Commission or city directly, may contact a community liaison designated by the Commission under the ordinance. (3) Complaint procedure. (a) Upon receipt of a complaint, the Commission will review the complaint and timely provide a copy of the complaint to the Department's Professional Standards Section. To the extent the complaint or inquiry concerns conduct of the Police Chief, the matter shall be referred to the City Administrator. If a complaint does not allege officer misconduct, but relates only to Police- related Policy, the Commission may review the complaint in accordance with section 1:216 without immediate referral to the department. (b) Upon referral, if a complainant expresses to the Commission that the complainant is not seeking discipline of the police officer, that information shall be communicated to the Department's Professional Standards Section Lieutenant. The Department should consider the complainant's request when taking any remedial action. (c) The Police Chief will provide status updates regarding the investigation to the Commission. The Commission may serve as a point of contact for the complainant throughout the investigation and review process, and provide the complainant updates as to the progress. (d) A complainant may be accompanied or assisted throughout the investigation or review process by an advocate, attorney, or other representative of the complainant's choosing. (e) Upon closure of its internal investigation of a complaint referred by the Commission, the Police Chief shall issue a report to the Commission in accordance with the ordinance. (f) A complainant and any involved police officer will have the option of appearing before the Commission, or the members of the Commission designated to act on the complaint, during the Commission's review of the incident. (g) Relevant to the complaint, the Commission may review the actions of the Department and any involved police officer and take appropriate action, including, but not limited to: i. Gathering information from the complainant, willing third parties, and publicly available sources; ii. Questioning the Police Chief, Deputy Police Chief, or Professional Standards Section Lieutenant about the investigation; iii. Informally mediating the matter by facilitating sessions in which persons involved in the incident and others with an interest in it (including representatives of the Department) can participate on a voluntary basis, the aim being to achieve fuller mutual understanding without recrimination. Upon mutual agreement of all necessary parties, the city and Commission may establish a dispute resolution process where complaints are resolved without going through the Department's disciplinary process; and iv. Using information learned to make policy recommendations to the Department and city. (h) The Commission shall develop a system for classifying complaints received by the Commission by the type of misconduct alleged, and in its annual report, the Commission shall state the number of complaints received by the Commission in the past reporting period alleging each type of misconduct. (4) Protection against retaliation and intimidation. Retaliation, actual or threatened, or any form of intimidation against any complainant for filing a complaint, or against a witness, or other person involved for participating in the incident review process; or conduct that could reasonably be perceived as retaliatory, threatening, or intimidating by a city employee against anyone for their involvement in the complaint or incident review process (a) is expressly prohibited as a matter of city policy; (b) shall be regarded as a separate and distinct incident, regardless of any action taken with respect to the underlying incident; and (c) may result in discipline, up to and including termination of employment. When the Department informs a police officer of a complaint in accordance with the
Page 23 of 154 collective bargaining agreement, the Department shall reference these provisions regarding retaliation and intimidation. (5) Report by Police Chief. (a) Upon closure of its internal investigation of a complaint referred by the Commission, the Police Chief will report to the Commission in writing, stating the Police Chief's determinations as to: i. The facts of the incident; ii. Whether there was any inappropriate conduct by the police; iii. Any discipline that has been or will be imposed; and iv. Any changes in Department policies or procedures that ought to be made as a result of the incident. (b) The Police Chief shall make the report within 30 days of the complaint disposition, provided that if ongoing disciplinary or criminal proceedings or investigations preclude the Police Chief from making the report in that time, then the Police Chief shall make the report within 14 days after conclusion of those proceedings. In extenuating circumstances, explained in writing by the Police Chief, these time limits may be extended, but only for a reasonable time. (6) Access to complaint files . Except to the extent provided for by federal or state law, the City Charter, a collective bargaining agreement, or a legally recognized privilege, the Department will make available to the Commission or those Commission members designated to act on complaints, all documents related to the incident, including statements by the police officers involved, all video evidence, and descriptions of any tangible evidence, provided that, if the Police Chief believes that some information or materials related to the incident should not be produced because of law, collective bargaining agreement, or privacy concerns, the Police Chief shall describe the information and materials withheld and state with particularity the reason why they should not be produced. Documents and other materials shall be redacted only to the extent justifiable in the particular case. (7) Disputes concerning production. Any disputes concerning the production of information and materials may be resolved through a request to the City Administrator or via mutually agreed upon alternative dispute resolution process. (8) Information gathering by the Commission. (a) Opportunity to meet with the Commission . The Commission will give any person (including the complainant, assuming the complaint has not been filed anonymously, and any police officers involved in the incident) who has information bearing on the incident an opportunity to provide that information in person in a meeting with the Commission or its members or representatives. The Commission shall be sensitive to the needs of the complainant as to when the complainant shall have the opportunity of having this meeting. (b) Commission requests to third persons; investigators. If the Commission believes that third persons, such as bystanders, have information material to its review, the Commission may request that such persons provide that information. To the extent permitted under section 1:219 of this chapter, the Commission may use the services of an investigator in conducting its review. (c) Information managers . Except to the extent provided for by federal or state law, the City Charter, a collective bargaining agreement, or a legally recognized privilege, the Department will make available to 2 or 3 designated Commission members (called "Information Managers"), all records, data, and other requested information relevant to the complaint. The Information Managers shall not disclose confidential information or records and shall be subject to the same penalties as the legal custodian of the information or records for any unlawful or unauthorized disclosure. The Information Managers will work with the Police Chief, City Attorney, City Administrator, City information technology managers, and others to set up a process that offers a secure way for records to be accessed. (9) Incident reports by the Commission.
Page 24 of 154 (a) Issuance of reports. When the Commission has completed its review of an incident, it shall issue a report to the Police Chief, the City Administrator, and the City Attorney. Except in cases filed anonymously, the Commission shall also issue its report to the complainant, and, in most cases, it shall issue its report to the public. The Commission may also issue an interim report at any time it deems appropriate, provided that the Commission shall not issue any report to the complainant or to the public before completion of all investigative, criminal, disciplinary, complaint and other proceedings related to the incident. (b) Contents of report. The Commission's final report with respect to an incident shall state its conclusions, including (a) whether under the facts and circumstances there was any inappropriate conduct by the police; (b) what the response of the Department and, if appropriate, of the city, should be or should have been; and (c) any changes in policies or procedures that ought to be made as a result of the incident. (c) Confidential information. The Commission shall take care not to disclose confidential information (including, where applicable, the name of the complainant) in a report. The Commission's reports shall ordinarily avoid identifying police officers by name. (d) Response to report. If the Commission's final report recommends action by the Police Chief or the City Administrator, the Police Chief or City Administrator shall respond to the Commission in writing, and shall endeavor to respond within 30 days or a reasonable timeframe, stating with particularity (a) the extent to which the city accepts the recommendations, (b) the actions, if any, that the city has taken or will take in acting on the recommendations, and (c) to the extent that the city does not accept the recommendations, the reasons why. (e) Discussion of report. If a complainant wishes, the Commission shall afford the complainant an opportunity to discuss the report with the Commission in an open meeting, or with members of the Commission, within 30 days of the time the report is issued to the complainant. Similarly, if an involved police officer wishes, the officer shall have an opportunity to discuss the Commission's report with the Commission in an open meeting or with members of the Commission. Following these meetings, the Commission may, if it deems it appropriate, issue a supplemental report. (f) The Commission may question the Police Chief, Deputy Police Chief, or Professional Standards Section Lieutenant about the Commission's final report and the City Administrator or Police Chief's response.
(Ord. No. 18-30, § 1, 10-15-18)
1:216. - Same—Reports and recommendations concerning policies, practices, and compliance.
(1) General . The Commission is charged with the responsibilities of examining and assessing, according to such priorities as it may determine, all Police-related Policies and the degree of compliance with them, and of making reports with recommendations for improvements, including new policies as well as revisions to existing ones. Such reports and recommendations may concern any matter related to the Commission's purposes, including: (a) Recruitment, hiring, promotion, and union relations; (b) Training (including both initial training of new personnel and retraining) and education of police personnel, including without limitation on matters such as de-escalation, implicit bias, multicultural respect, and the use of force; (c) Procedures for handling complaints and determining discipline; (d) Public education, communications, and outreach efforts by the Department; (e) Non-law enforcement approaches that may reduce the demand and need for police interventions;
Page 25 of 154 (f) Mental health crises; (g) Use-of-force policy; (h) Arrest procedures; (i) Data collection and usages; (j) Surveillance; (k) Response to protests; (l) Budget needs and allocation; and (m) Strategic planning. (2) Access to information and materials. (a) General . To enable the Commission to perform its functions under this section 1:216, it is critical that the Commission have broad access to relevant information and materials that state or reflect Police-related Policies. (b) On request by the Commission. The Department or the City Administrator shall, except to the extent provided for by federal or state law, the City Charter, a collective bargaining agreement, or legally recognized privilege, or to the extent it poses a threat to the safety of the public or a police officer, provide the Commission with all relevant information and materials that the Commission requests. If the Department or City Administrator believes that some requested information or materials, though relevant, should not be produced under this subsection, they shall describe the information and materials withheld and state with particularity the reason why it should not be produced. (c) Without need for request. The Department shall report to the Commission every 3 months (a) any developments bearing on the Department's performance of its functions, including any significant changes in policies or procedures (including without limitation in training or discipline), staffing, or budgetary needs, (b) any external complaints filed with the Department, including the substance of the complaint and the process and substance of the Department's response to it, and (c) data on field operations disaggregated by race to the maximum extent feasible. (3) Issuance of reports. (a) Special reports. The Commission may issue a special report at any time it deems appropriate concerning any Police-related Policy, unless such report would interfere with an ongoing investigative, disciplinary, criminal, complaint, or other proceeding. Such a report may assess the degree of compliance with any Police-related Policy, and it may make recommendations for improvements. Such recommendations shall be addressed, as appropriate, to the Department, the City Administrator, the City Attorney, the head of any City agency, or the City Council. (b) Annual report. The Commission shall issue an annual report. This report shall (i) summarize the Commission's activities over the past year, (ii) state aggregate data on the number and types of complaints received and the geographic areas where complaint incidents occurred, (iii) state, to the extent known, aggregate demographic data on complainants, (iv) summarize recommendations made by the Commission and responses by the city and officials, including the extent to which the recommendations were accepted and implemented, to its reports, (v) summarize the Commission's requests for information and the responses to such requests by the city and officials, and (vi) describe the Commission's goals for the following year. The annual report may also make recommendations for improvements in Police-related Policies and compliance. If the Commission believes that amendments to the Ordinance would help make it more effective, it shall make appropriate recommendations. During its first 2 years, the Commission shall also issue a mid-year report, stating the same information, for the reporting period, as prescribed above for annual reports. The Commission shall adopt an annual work plan, which shall include a description of the basis for any funds that the Commission requests be included in the city budget for Commission purposes. The work plan must be submitted to
Page 26 of 154 the City Administrator for consideration in accordance with the timelines for the city's budgeting process. The work plan may be included as part of the Commission's annual report. (c) Public reports; confidentiality. Reports shall ordinarily be issued to the public, but the Commission shall take care not to make public release of information that should remain confidential by reason of law, collective bargaining agreement, or overriding public policy, or that has been provided to the Commission in confidence. (d) Response to recommendations. If a report issued under section 1:216 makes recommendations to the Department or the City Administrator, the Police Chief or City Administrator respond to the Commission in writing, and shall endeavor to respond within 30 days or a reasonable timeframe, stating with particularity (a) the extent to which the city accepts the recommendations, (b) the actions, if any, that the city has taken on the recommendations, and (c) to the extent that the city does not accept the recommendations, the reasons why. Except to the extent necessary to protect confidential information, the response and discussion shall be public. (e) The Commission may question the Police Chief, Deputy Police Chief, or Professional Standards Section Lieutenant about the City Administrator or Police Chief's response to the recommendations.
(Ord. No. 18-30, § 1, 10-15-18)
1:217. - Same—Community relations.
(1) Building community relations. For the Department to be able to perform its vital function in a way that is both effective and equitable to all segments of the community, especially those segments of the community that are vulnerable and marginalized, it is crucial that there be increased understanding of the needs of those particular community groups by the Department. The Commission shall be proactive in discharging its responsibilities of fostering better communications and understanding between the Department and community, and of ensuring that its complaint procedure is known to the community as open and accessible to the public. The Commission may take any action not prohibited by law that, in its discretion, it believes will help it do so. Such actions may include, without limitation, convening advisory boards, host listening sessions, discussion circles, and educational sessions with community groups and with the community at large, with or without police participation, based on the preferences of each community group. In conducting these actions, the Commission: (a) Shall seek input from a broad representation of the aforementioned community groups, including but not limited to youth of color; adults of color, particularly black men; persons living with mental illness; formerly incarcerated persons; persons who have had adverse interactions with the Department; persons living with persistent economic hardship; transgendered persons; and persons with immigrant status; (b) Shall consider whether information that it learns from these actions suggests that it should make any recommendations as to changes in practices and policies bearing on the city's exercise of the policing function; (c) Shall, through the youth liaison, work with the youth commission member and either an existing or Commission-created youth council to incorporate a youth perspective into the Commission's decisions and recommendations, organize events that are youth-oriented, and secure the participation of youth in other events as appropriate; (d) May coordinate with other councils that the Commission convenes to organize events oriented to the groups that such councils represent; and (e) May secure such professional and expert assistance as it deems appropriate to the extent allowed under section 1:219 of this chapter.
Page 27 of 154 (2) Community liaisons . The Commission may identify 1 or more persons in the community who may serve as a liaison for persons who wish to provide suggestions, concerns, complaints, or other information related to the Commission's purpose, but who do not wish to contact the Commission or city directly, or participate in the complaint process set forth in the ordinance. In identifying community liaisons, the Commission shall take reasonable steps to ensure that the liaisons will: (a) Be publicly available to any person wishing to provide information; (b) Be available to provide the Commission with regular updates regarding all information received related to their role as a community liaison; (c) To the best of their ability, accurately report the information received; and (d) Understanding that the information the liaison provides to the Commission is likely to be a public record, protect the identity or confidential information of a person who provides information, unless the person expressly authorizes otherwise. The Commission may evaluate whether and to what extent any of the information received from a community liaison warrants further review, discussion, or response by the Commission, bearing in mind that the Commission likely will not have access to first-hand information.
(Ord. No. 18-30, § 1, 10-15-18)
1:218. - Consultation on leadership.
When there is a vacancy in the position of Police Chief, the City Administrator shall, early in the process of recruiting a new Police Chief, consult with and seek advice and recommendations from the Commission as to both the recruitment process to be used and the desired qualifications for the position. Finalists for the position shall meet with the Commission or its members and with the public. The City Administrator shall consult with the Commission before making a final recommendation to the City Council. The Commission may state to the City Council whether or not it agrees with the recommendation and give reasons why. The City Administrator may choose to use a similar procedure in hiring other senior leadership of the Department.
(Ord. No. 18-30, § 1, 10-15-18)
1:219. - Same—Operations and support.
(1) Committees and assignments. The Commission may create and form special purpose task forces and subcommittees to carry out the business of the Commission, provided that any report prepared by these groups that the Commission wishes to issue must be presented to and adopted by the Commission as a whole. (2) Facilities and staff support. The city shall provide the Commission with suitable facilities for the conduct of its meetings and other business. The city shall also provide the Commission with the services of an administrative liaison consistent with other city boards and commissions. The City Administrator, Police Chief, and City Attorney shall provide staff liaisons to the Commission with appropriate expertise to support the Commission. Within the Commission's designated budget, the Commission may seek additional professional services, to the extent the contract for those services is approved in accordance with city procurement procedures. The Commission shall have the opportunity to provide input regarding selection of such contractors, including legal counsel, and to make recommendations regarding proposed contractors and legal counsel. The City Administrator shall ensure that such contracts are properly entered into, in compliance with the City Charter and city hiring and procurement policies, and maintained (with respect to such matters as payment, tax withholding and reporting, and record-keeping for freedom-of-information purposes). The City Administrator shall ensure that the commission has access to the contracted services in order to fulfill the purpose of the contract.
Page 28 of 154 (3) Counsel. The Commission may request outside counsel and the City Council may retain outside counsel to assist the Commission pursuant to the City Charter. The counsel, contract terms, and the scope of services to be performed must be approved in accordance with city procurement procedures. The scope of services may provide that outside counsel provide advice on a specific matter or on an ongoing basis for matters within the scope of the contract and the approved contract amount. (4) Training and orientation programs. Within the Commission's approved budget, each member of the Commission shall be required to engage in training on topics as the Commission may prescribe such as implicit bias, trauma-informed care, history of policing, multicultural respect, power analysis, Department policies and procedures, restorative practices, and social service resources. (5) Confidentiality statement. Each member of the Commission, and every person who renders services to the Commission, shall sign a statement promising to maintain and protect the status of confidential information.
(Ord. No. 18-30, § 1, 10-15-18)
1:220. - Same—Dispute resolution.
Any disputes concerning the ordinance may be resolved through a request to the City Administrator or via a third-party mediator hired in accordance with section 1:219 of this chapter.
(Ord. No. 18-30, § 1, 10-15-18)
Page 29 of 154 11/12/2020 Independent Community Police Oversight Commission
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Upcoming Events C omplaints A dditional Information
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O vervi ew
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Page 30 of 154 11/12/2020 Independent Community Police Oversight Commission
The Independent Community Police Oversight Commission was established as a step in reframing the relationship that the residents of Ann Arbor have with the police and an investment in the smart, equitable, community-oriented policing that the Ann Arbor Police Department strives for and that our community deserves.
Upcoming Events
Events Coming Soon
ICPOC Monthly Meeting Tuesday, November 27, 2020 at 6:00 p.m. Meeting will be live streamed on YouTube visit a2gov/watchCTN for link. To participate by phone including participanting in the Public Forum portion of the meeting call Toll-Free :888 788 0099 or 877 853 5247. Enter Meeting ID: 961 8029 7393
Mission and Vision Statement
Vision
To foster a transparent and mutually bene cial relationship between the Ann Arbor Police Department and the Community at large.
Mission
To encourage the AAPD's respectful treatment of all community members To enhance communication and sharing of information between the AAPD and the community To promote positive interactions between the police department and members of vulnerable, at-risk and marginalized groups within the community To build mutual trust between the community and law enforcement
Complaints
If you would like to le a complaint, on behalf on yourself or others, about the Ann Arbor Police Department with the commission please use the complaint form:
Complaint Form (/departments/city-clerk/Boards-and-Commissions/Pages/Independent-Community-Police-Oversight- Commission-Complaint-Form.aspx)
Commissioners:
Anan Ameri (mailto:[email protected]) Bonnie Billups (mailto:[email protected]) Sarah Burch (mailto:%[email protected]) Deandre Caldwell (mailto:[email protected]) Stefani Carter (mailto:,[email protected]) Mashod Evans (mailto:[email protected]) Frances Todoro-Hargreaves (mailto:[email protected]) Vice-Chair Lisa Jackson (mailto:[email protected]) Chair Mohammad Othman (mailto:[email protected])
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Page 31 of 154 11/12/2020 Independent Community Police Oversight Commission
Jude Walton (mailto:[email protected])
The Michigan Commission on Law Enforcement Standards (MCOLES) is nationally recognized as a leader in developing training and ethical standards for law enforcement of cers. Governor Gretchen Whitmer recently expanded the commission to bring community voices to the table to improve community-police relations. ICPOC Chair Lisa Jackson is among the three inaugural community members to join MCOLES, bringing civilian oversight expertise and adding community representation to the policy-making table.
Council Liaisons:
Ali Ramlawi (mailto:[email protected])
Reference Materials:
Click here to view calendar (http://a2gov.legistar.com/Calendar.aspx)
ICPOC Ordinance (https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances? nodeId=TITIAD_CH8ORBOCO_1_210INCOPOOVCO)
ICPOC Bylaws (http://a2gov.legistar.com/LegislationDetail.aspx?ID=3690447&GUID=206BEC8A-CD27-4625-B103- 81E2732BBCE6)
AAPD Community Engagement Prac ces RFP #990 (/departments/city-administrator/Pages/Police-Audit-RFP.aspx)
ICPOC Application (http://a2gov.granicus.com/boards/forms/460/apply? board_name=Independent+Community+Police+Oversight+Commission)
Additional Information
Upcoming Information
Readings
How Police Unions Fight Reform (h ps://www.newyorker.com/magazine/2020/08/03/how-police-unions- fight-reform): President Obama's Task Force on 21st Century Policing (h ps://cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf) Police Brutality in America Teach-out (h ps://online.umich.edu/teach-outs/police-brutality-in-america-teach- out/): Want to establish oversight in your community? Download this guidebook from NACOLE: (h ps://d3n8a8pro7vhmx.cloudfront.net/nacole/pages/161/a achments/original/1597686953/Guidebook_f or_the_Implementa on_of_New_or_Revitalized_Police_Oversight_2016_FINAL.pdf?1597686953)
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Page 32 of 154 Lansing Police Department Manual
200.3 – BOARD OF POLICE COMMISSIONERS - CHARTER Administrative Procedure Effective Date: 12/2016 Rescinds: 02/2001
1 PURPOSE 2 3 The purpose of this procedure is to outline the Charter of the City of Lansing as it relates the Board of 4 Police Commissioners and the Lansing Police Department. The Board is established pursuant to Article 5, 5 Chapter 1 and 3 of the City Charter. 6 7 APPOINTMENT OF BOARD MEMBERS 8 9 • Members of the Board shall be appointed by the Mayor and with the advice and consent of the City 10 Council Lansing City Charter, Appointment of Board Members 5-103.2. 11 • Each member shall serve for a term of four years Lansing City Charter, Appointment of Board 12 Members 5-103.3. 13 • The Board shall be composed of eight (8) members: 14 • Four (4) members shall be from the City-at-large. 15 • One member shall be appointed from each of the four (4) wards of the City Lansing City Charter, 16 Appointment of Board Members 5-103.8. 17 • The term of office expires each year for both a member at large and a member from a ward 18 Lansing City Charter, Appointment of Board Members 5-103.8 and 5-103.9. 19 20 ORGANIZATION OF THE BOARD 21 22 • The Board shall organize itself for the conduct of its business and select its own officers. The 23 Board will also select a Board Secretary who is not a member of the Board to take minutes of the 24 Board meetings Lansing City Charter, Organization of Boards; Rules of Procedures 5-105.1. 25 • The Board shall adopt its own rules of procedure consistent with the Lansing City Charter, 26 Organization of Boards; Rules of Procedures 5-105.2. Administrative Procedure 200.4 Board of 27 Police Commissioners-Meetings. 28 • The rules shall state the schedule of the regular Board meetings. The schedule shall not conflict 29 with regular meetings of the City Council Lansing City Charter, Organization of Boards; Rules of 30 Procedures 5-105.3. 31 • The rules shall require that the public notice of all meetings shall be given in the manner provided 32 by statute for meeting of public bodies Lansing City Charter, Organization of Boards; Rules of 33 Procedures 5-105.4. 34 • The rules shall require that the public have a reasonable opportunity to be heard at all regular 35 meetings of the Board Lansing City Charter, Organization of Boards; Rules of Procedures 5-105.5. 36 • All Board meetings shall be required to be open to the public to the same extent as meetings of the 37 City Council Lansing City Charter, Organization of Boards; Rules of Procedures 5-105.6. 38 • The rules shall define the extent to which nonattendance at meetings may be grounds for removal 39 from office Lansing City Charter, Organization of Boards; Rules of Procedures 5-105.7.
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Page 33 of 154 40 ADVISORY BOARD FUNCTIONS 41 42 • The Board shall at its regular meetings review the progress and planning of the Chief of Police to 43 insure that all activities are in accordance with City policy. The Board may propose changes in 44 agency operations for the purpose of making its program more effective Lansing City Charter, 45 Advisory Board Functions 5-106.1. 46 • Proposed policies and programs or changes in existing policies or programs requiring Council 47 action shall be submitted by the Chief of Police to the Board prior to submission to the Mayor and 48 Council for action. The Board’s written recommendations concerning the proposals shall be 49 submitted to the Mayor along with the Chief’s proposal. When the Mayor submits the proposal to 50 the Council for action, the Board’s recommendations shall also be transmitted to the council along 51 with that of the Mayor Lansing City Charter Advisory Board Functions 5-106.2. 52 • The Board of Police Commissioners, at the direction of the Mayor, and through the 53 Hiring/Recruitment Sub-Committee will work closely with the Human Resources Department, 54 Human Relations Department and the Chief/Designee to develop and ensure the hiring process for 55 both Certified/ Certifiable and Police Recruit candidates is done in a fair and timely manner while 56 adhering to all Federal, State and Local laws concerning EEO in hiring. As part of the process the 57 Board, at the direction of the Mayor, will encourage all stakeholders to work towards continuous 58 improvement of the process using lessons learned from current and future processes to improve 59 future hiring practices to ensure that it is not only transparent, but defensible if challenged. The 60 Sub-Committee will meet quarterly with the Human Resources Department to discuss process 61 improvement and continue to draft resolutions to be presented to the entire Board of 62 Commissioners for those candidates deemed to meet all the criteria for hiring as a Lansing Police 63 Officer or a candidate to be sponsored as a Police Recruit. 64 • The Department’s budget material, including capital improvement proposals, shall be submitted to 65 the Board before submission to the Mayor and the Boards written recommendations shall be 66 submitted to the Mayor along with the Department’s recommendations. The Mayor shall transmit 67 the Board’s recommendations to the Council along with budget material for that agency (5-106.3). 68 • The Board shall, prior to December 1, prepare a written report evaluating the effectiveness and 69 analyzing the status and priorities for services and activities of the Department. Copies thereof 70 shall be filed with the Mayor, the Council, and the City Clerk Lansing City Charter, Advisory Board 71 Functions 5-106.4. 72 • The Board may develop its own proposals for new or altered policies and programs and transmit 73 these to the Mayor and City Council Lansing City Charter, Advisory Board Functions 5-106.5. 74 75 DUTIES 76 77 • The Board shall establish administrative rules for the organization and overall administration of the 78 Department including promotional and training procedures in consultation with the Chief of Police 79 and the Mayor. These administrative rules shall not be effectuated in accordance with Lansing 80 City Charter, Organization of Boards; Rules of Procedures 5-105.8, but shall become effective 81 upon filing with the City Clerk Lansing City Charter, Duties 5-301.2. 82 • The Board shall approve rules and regulations for the conduct of the members of the Department, 83 in consultation with the Chief of Police and the Mayor Lansing City Charter, Duties 5-301.3. 84 Administrative Procedure 100.3 Rules of Conduct, for additional information. 85 • The Board shall establish a procedure for receiving and resolving any complaint concerning the 86 operation of the Department Lansing City Charter, Duties 5-301.4. Administrative Procedure 200.7 87 Complaint Procedure, for additional information. 88 • The Board shall review and approve the Departmental Budget before its submission to the Mayor 89 Lansing City Charter, Duties 5-301.5. 90 • The Board shall act as the final authority of the City in imposing or reviewing discipline of the 91 Department employees consistent with the terms of the state law and applicable collective 92 bargaining contracts Lansing City Charter, Duties 5-301.6. Administrative Procedure 200.6 Board 93 of Police Commissioners - Complaint Review Committee, for additional information. 94
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Page 34 of 154 95 • The Board shall render an annual report to the Mayor and City Council, which shall include a 96 description and evaluation of the Department’s activities during the previous year, including the 97 handling of crime and complaints, if any, and proposals for future plans Lansing City Charter, 98 Duties 5-301.7. 99 • Whenever necessary to carry out its assigned duties, the Board shall have the same power to 100 subpoena witnesses, administer oaths and require the production of evidence as the City Council 101 Lansing City Charter, Investigatory Power 5-302.
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Page 35 of 154 Lansing Police Department Manual
200.6 – BOARD OF POLICE COMMISSIONERS – COMPLAINT REVIEW COMMITTEE Administrative Procedure Effective Date: 12/2016 Rescinds: 02/2001
1 PURPOSE 2 3 The purpose of this procedure is to establish guidelines for the review of discipline of Department 4 employees by the Board of Police Commissioners. 5 6 COMPLAINT REVIEW COMMITTEE 7 8 • Lansing City Charter, Duties - Section 5-301.6 provides: “The Board shall act as the final authority 9 of the City in imposing or reviewing discipline of the Department employees consistent with the terms 10 of state law and applicable collective bargaining contracts.” In furtherance of the objectives of this 11 Charter provision, the Chairperson of the Police Board shall appoint a subcommittee of the Board 12 to review citizen complaints, dispositions, and when applicable, corresponding disciplinary 13 investigations and sanctions imposed pursuant to the disciplinary procedure. 14 • The Complaint Review Committee may receive and review citizen complaints, dispositions, 15 disciplinary investigations and sanctions in a closed session. Since such records are confidential 16 records according to the provisions of MCL 423.501; otherwise known as the Employee Right to 17 Know Act (ERKA), the City Attorney has ruled that such records may be reviewed in a closed 18 session without violating the terms of the Open Meetings Act MCL 15.261. 19 • Limitations: In order to remain consistent with applicable law and collective bargaining 20 agreements, the following review limitations shall apply: 21 22 o Board members may not impose discipline pursuant to the review process. 23 o All investigative files relating to alleged criminal activity or violation of agency rule by an 24 employee are confidential and may not be disclosed to any third party MCL 423.501. 25 26 • The purpose of the review process is to allow the Board, through the sub-committee, to monitor 27 and otherwise more properly discharge administrative or advisory board responsibilities prescribed 28 by City Charter. Examples of such a function would include review and recommendations to the full 29 Board relating to the adequacy of policies, procedures, disciplinary rules and regulations, or 30 training needs of law enforcement personnel.
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Page 36 of 154 11/12/2020 MSU Police Oversight Committee - MSU Police
(http://www.msu.edu)
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MSU Police Oversight Committee
POLICY
April 2012*
STATEMENT OF PURPOSE
The Community that is Michigan State University provides for its citizens options for the redress of grievances against the actions of its law enforcement officers. Among these are the Office of the Ombudsman, the Anti-Discrimination Judicial Board, the Office of the Executive Vice President for Administrative Services*, and the MSU Police Oversight Committee.
The Oversight Committee is unique in that it is a legislative creation (Public Act 120) by resolution of the Board of Trustees, whose sole purpose is to receive and address grievances by persons against the Police Officers or the Police Department and may make recommendations to the Police Chief that disciplinary measures be taken by the Department against any Police Officer who is found responsible for misconduct in office.
The Oversight Committee is an impartial body through which any citizen can make a complaint about the actions of an MSU Police Officer. The Committee will review the investigation of complaints received to ensure that responsible procedures have been followed and actions are taken in a timely manner, when warranted.
The Oversight Committee recognizes the responsibility of the Police Department to safeguard the rights of all citizens, faculty, staff and students. The Committee will deal only with concerns about police conduct and Department policy. The Committee has no power to change or modify state law, University Ordinance, contracts with duly
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Page 37 of 154 11/12/2020 MSU Police Oversight Committee - MSU Police recognized bargaining units, or Department policies and procedures. If in the judgment of the Committee, changes in policies or procedures are necessary, it is the responsibility of the Committee to recommend such to the appropriate body.
MEMBERSHIP OF THE COMMITTEE
The Oversight Committee shall consist of three representatives of the faculty, two representatives of the staff, three representatives from the currently enrolled student body, and an Ex-Officio from the MSU Police Department.
TERM OF MEMBERSHIP
The term of Committee membership for faculty representatives shall be two years; the term of Committee membership for staff representatives shall be two years; the term of Committee membership for currently enrolled student representatives shall be one year.
METHOD OF SOLICITING MEMBERS
The Office of Academic Governance is responsible for soliciting faculty member and conducting elections. The Coalition of Labor Organizations at MSU is responsible for soliciting members and appointing staff representation. ASMSU, RHA and COGS are responsible for soliciting members and conducting elections for student representation. A faculty member representative will be selected Chairperson, by a simple majority vote of the committee, at the start of each academic year.
COMPLAINT PROCEDURE
Citizens who wish to file a complaint with the Oversight Committee may do so by mail or by phone. Complaints submitted to the Oversight Committee (or individual Committee Members) will be forwarded to the Chairperson within 72 hours. Complaints credible in nature will require the Chairperson to contact the complainant to confirm the details of the complaint, and subsequently notify and forward the complaint to all Committee members. The committee will then have an opportunity to provide the police department with questions they would like answered in the process of investigating the complaint. Upon completion of the citizen complaint investigatory process, which is conducted by the MSU Police Department, the Ex-Officio member will forward all relevant case files to the Chairperson who will convene a meeting of all available Committee members. The Committee will review the MSU police investigation and assess whether responsible procedures have been followed. The Committee may make recommendations to the Police Chief regarding the process, outcome, or disciplinary actions taken by the Department. A summary report of the Committee’s findings and recommendations will be prepared by the Chairperson and provided to the complainant.
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Page 38 of 154 11/12/2020 MSU Police Oversight Committee - MSU Police In addition, at least once during the fall and spring semesters, the Chairperson shall meet with the Ex-Officio member to review internal investigations conducted by the Department regarding complaints not filed directly with the Oversight Committee. The Chairperson may then call a meeting to discuss the outcomes of those investigations and render recommendations to the Police Chief.
Each May, an annual report shall be authored by the Chairperson of the Committee. The report shall summarize the activities of the Committee for the past year, to be submitted to the Police Chief.
MEETING RULES
If and when disagreements arise as to the conduct of the meetings of the Committee, Roberts Rules of Order shall prevail.
MEETING MINUTES
The Chairperson will solicit a fellow Committee member to record the minutes of the meetings. The minutes will be submitted to the Chairperson within 15 days after the meeting for review and distributed to all Committee members.
THE OVERSIGHT COMMITTEE LOG BOOK
Complaints submitted to the Oversight Committee shall be logged in a permanent “Log Book.” Each entry shall contain a brief description of the action complained of, and if possible, the identification of the officer(s) involved as well as the complaint. The logbook will be maintained by the Chairperson and include copies of any recommendations made by the committee, which were sent to the MSU Police Department. In addition, all meeting minutes will be appended to the log book.
CONFIDENTIALITY
Discussions of any complaint brought against the MSUPD or any of its employees is specifically restricted to Committee members.
ADOPTING OR CHANGING POLICIES
Existing policies and/or procedures of the Committee may be altered, amended or deleted by a simple majority vote of the Committee. New policies or procedures of the Committee shall be adopted by a simple majority vote of the Committee.
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Page 39 of 154 11/12/2020 MSU Police Oversight Committee - MSU Police PRESS RELEASES
No member of the Committee will make any press releases without the express consent of the Committee Chairperson. Any and all such press releases will be approved by the Office of the Assistant Vice President for Communications and Brand Strategy* or his/her designee.
INTERVIEWS
All requests made of Committee members for interviews of any type relating to the Oversight Committee shall be routed through and approved by the Committee Chair. Only questions dealing in general with the Committee, its membership, and its function within the Community will be accepted. Specific cases will not be discussed.
“FREEDOM OF INFORMATION ACT” REQUESTS
Any requests made of the Committee for information specific to any record, correspondence, document, policy or procedure shall be accommodated using the regular procedures of the University’s FOIA Office.
*University department titles changed to reflect current offices managing this committee
Relevant Contacts
Police & Public Safety Oversight Committee (mailto:[email protected]) c/o Secretary for Academic Governance Owen Graduate Hall 735 East Shaw Lane. Room W32 East Lansing, MI, 48825 Office: 517-355-2337 Complaint Line: 517-432-2256
Committee Membership 2020-2021
Faculty
Chairperson Andy Boyles-Peterson (mailto:[email protected]) 517-884-0876
Term ends August 2021 police.msu.edu/contact/file-a-complaint/msu-police-oversight-committee/ 4/6
Page 40 of 154 11/12/2020 MSU Police Oversight Committee - MSU Police Non-College & Veterinary Medicine
Kelly Brittain (mailto:[email protected]) 517-432-8356
Term ends August 2022 College of Nursing
Melinda Hall (mailto:[email protected]) 517-432-2380
Term ends August 2022 Political Science
Staff
Deb Bittner (mailto:[email protected]) 517-355-1903 (office) 517-203-8909 (cell)
Coalition of Labor Organizations @ MSU Representative
David Higgins (mailto:[email protected])
517-355-3314 (office) 517-974-9112 (cell)
CLO/IUOE Local 324 Representative
Students
Mark Speers (mailto:[email protected])
Term ends August 2020 Council of Graduates (COGS)
Shannon Doane (mailto:[email protected]) 517-879-7326
Term ends August 2020 Residence Halls Association (RHA)
Maysa Sitar (mailto:[email protected]) 517-879-7326
Term ends August 2020 Associated Students of MSU (ASMSU)
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Page 41 of 154 11/12/2020 MSU Police Oversight Committee - MSU Police Ex Officio
Interim Chief Doug Monette (mailto:[email protected]) 517-353-3162
MSU Police Department
(https://facebook.com/msupolice) (https://twitter.com/msupolice) (https://www.instagram.com/msupolice/) 1120 Red Cedar Rd East Lansing, MI 48824 (517) 355-2221 [email protected] (mailto:[email protected])
Contact for Questions (/contact/ask-a-question/)
Parking Violations (/parking-services/parking-violations/)
Permits (/parking-services/permits/)
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Page 42 of 154 11/12/2020 Muskegon Citizens Police Review Board | City of Muskegon
Citizen’s Police Review Board
The Citizen’s Police Review Board (CPRB) was established through City Commission action in November of 1998 and the CPRB became operational in 1999. The CPRB was established to provide civilian review of the investigations of alleged police misconduct undertaken by the City of Muskegon. It is to encourage people who believe they have been mistreated by police o cers to use the Internal A airs system to have the o cer’s conduct reviewed. It is intended to create a process that fairly evaluates the conduct of everyone involved to determine whether or not a breach of departmental rules and regulations has occurred.
As set forth by City Commission action, the board is made up of the following membership:
Three members representing minority based organizations
Three members representing Neighborhood Associations of Muskegon
One law enforcement professional from another jurisdiction
Two citizens at large
This nine person board is appointed by the Muskegon City Commission.
Muskegon Citizen’s Police Review Board Process:
Any complaint against an o cer is rst handled through the department’s internal a airs investigation procedure. The complainant completes a complaint form at the Police Department, City Clerk’s O ce or may submit it by mail. If the complaint is registered by mail it must still be accompanied by the signed complaint form. Additional pages may be attached if needed.
After the internal a airs investigation the complainant will receive a complaint disposition form by registered mail. If the complainant is not satis ed with the disposition after the internal a airs investigation they may complete and sign the bottom of the disposition form requesting a review by the Citizen’s Police Review Board and return the form within 10 days. The item will then be placed on the agenda for the next available Citizen’s Police Review Board meeting. The complainant is then noti ed of the meeting date and the review board members are given copies of police reports and internal a airs investigation transcripts of the case involved. The board may also view video tapes from the event in question if available. The CPRB normally meets on the rst Monday of each month at 6:30 p.m. in room 103 of Muskegon City Hall, 933 Terrace Street, Muskegon, MI. If this date con icts with a national holiday the board will then set an alternate date.
After hearing a case, the Citizen’s Police Review Board will then make a recommendation to the City Manager for further action if necessary.
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Page 43 of 154 Chapter 2.17 - BOARD OF PUBLIC SAFETY
Sections:
2.17.000 - Establishment.
There is hereby created a separate board in the executive department to be known as the board of public safety.
(Ord. 83-6 § 2 (part), 1983).
2.17.010 - Appointments.
The board shall consist of five members who shall be appointed by the mayor and who shall serve at the mayor's pleasure. Members shall have been voters of the city for at least one year immediately preceding the appointment.
(Ord. 96-01 § 1, 1996: Ord. 83-6 § 2 (part), 1983).
2.17.020 - Compensation.
Each member of such board shall receive for services compensation in an amount to be fixed by the mayor, subject to the approval of the common council. No such member who holds any other remunerative position with the city shall be entitled to receive additional compensation for services performed as a member of such board.
(Ord. 83-6 § 2 (part), 1983).
2.17.030 - Powers and duties.
The board of public safety shall have control and oversee the police and fire department of the city pursuant to statute, and shall have the authority to allow and approve claims.
(Ord. 83-6 § 2 (part), 1983).
2.17.040 - Police Department—Establishment.
There is hereby created, as part of the executive branch of government under the control and supervision of the board of public safety, a Bloomington Police Department. Said Department shall be responsible for the public safety and parking enforcement functions of the City. The Police Department shall be administered by the Police Chief.
(Ord. 83-6 § 2 (part), 1983).
(Ord. No. 14-11, § 50, 7-2-2014)
2.17.050 - Fire Department—Establishment.
There is hereby created, as part of the executive branch of government under the control and supervision of the Board of Public Safety, a Bloomington Fire Department. Said Department shall be
Page 44 of 154 responsible for the fire protection of the City of Bloomington. The fire department shall be administered by the fire chief.
(Ord. 83-6 § 2 (part), 1983).
Page 45 of 154 11/13/2020 City of Columbus Announces Charter Amendment for Civilian Review Board
CITY COUNCIL
CONTACT INFO 90 West Broad St. Columbus, OH 43215 614-645-7380
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CITY OF COLUMBUS ANNOUNCES CHARTER AMENDMENT FOR CIVILIAN REVIEW BOARD Council to Vote on Placing Amendment for Civilian Review Board on November Ballot
https://www.columbus.gov/Templates/Detail.aspx?id=2147516212 1/3
Page 46 of 154 11/13/2020 City of Columbus Announces Charter Amendment for Civilian Review Board COLUMBUS—Mayor Andrew J. Ginther along with Columbus City Council President Shannon G. Hardin, Councilmember Rob Dorans, City Attorney Zach Klein and a host of community, business and faith leaders stood together today to announce a Charter amendment to codify a Civilian Police Review Board and an Inspector General for the Columbus Division of Police. City Council will consider the legislation at its July 27, 2020, meeting. If passed, it will be placed on the November ballot for a vote by residents.
“Council heard loud and clear that our residents want to see change. Adding a Civilian Police Review Board and independent investigatory body to our City’s constitution is a critical step to making that change a reality,” said Council President Shannon G. Hardin. “This amendment is a strong starting point to establish a civilian review board and will allow the community to build off this foundation to shape a Board that reflects our shared values.”
Columbus City Council will hold a hearing this Wednesday July 22 at 3pm on this charter amendment along with other ordinances in its Reimagining Safety legislative package.
“This November, Columbus voters will have the opportunity to amend the City’s constitution – the Charter – to establish a Civilian Police Review Board and create an Inspector General for the Columbus Division of Police to conduct independent investigations into police misconduct,” said Mayor Andrew J. Ginther. “The Charter amendment will allow Columbus voters to clearly demonstrate their desire for police reform and establish a framework for a civilian review board that is fully staffed and funded, has subpoena powers, the authority to conduct independent investigations and recommend disciplinary action and that is fully staffed and funded."
A civilian review board was one of the recommendations of the Columbus Community Safety Advisory Commission presented to Mayor Ginther in January. Columbus is one of a handful of the largest cities in the U.S. without some kind of civilian oversight of police.
“City Council has devoted countless hours over the past month working towards a Charter amendment that seeks to create a new system which the community and our officers can have faith in," said Councilmember Rob Dorans. "We believe we have the right foundation that is legally sound, respects collective bargaining rights, and focuses on our City’s expectations and values to build the legitimacy and trust that we need.”
The Department of the Inspector General for the Columbus Division of Police will be an independent investigatory body that will be fully funded and staffed and directed by the Civilian Police Review Board. The Inspector General will provide for the independent investigations Columbus residents expect.
“This amendment is the foundation for a permanent civilian review board that will bring long-term accountability and promote fairness and equity in the way we want law enforcement to police our neighborhoods,” said City Attorney Zach Klein. “This is one critical piece of a fairer criminal justice system, but our work doesn’t stop here. Columbus will continue to implement meaningful reforms, big and small, to make a lasting impact on our community.”
The amendment has wide support from business, community and faith leaders.
“We appreciate the important work police officers do to protect citizens,” said Alex Fischer, President and CEO of the Columbus Partnership. “At the same time, we stand in support of change that will build a better city. A civilian review board is needed in Columbus to enhance safety and trust between police and the communities they serve.”
Most of the key elements of a strong civilian review board – things Columbus residents care most about – must be negotiated with the FOP and will likely face fierce challenges by those seeking to maintain the status quo. The Charter amendment will make clear to the FOP the will of the people.
“Last month, the Columbus branch of the NAACP called for a citizen’s review board with subpoena powers. Mayor Ginther heard our call,” said Nana Watson, President of NAACP Columbus. “This amendment to our city charter is both a positive and aggressive approach for a civilian review board. It will further assist the work group to begin to set a foundation for a civilian review board for Columbus.”
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Page 47 of 154
Title: The Civilian Police Review Board and Department of the Inspector General for the Division of Police
Sec. 215 Civilian Police Review Board
There shall be a Civilian Police Review Board which shall be comprised of an odd number of members, a majority of whom shall constitute a quorum. The members shall be representative of the diverse communities within the City of Columbus on the basis of race, sex, sexual orientation, gender identity or expression, religion, disability, ethnicity, age, socioeconomic status, and geographic region.
Funding for the Civilian Police Review Board shall be appropriated on an annual basis in an amount sufficient to pay for the personnel services and other expenses necessary for the effective operations of the Board. Annual appropriations for the Civilian Police Review Board shall not be reduced unless financial circumstances dictate an overall reduction to the City’s budget, in the event of which, the annual appropriation for the Civilian Police Review Board shall not be reduced in an amount disproportionate to the overall decrease in city expenditures. The Mayor shall set forth the basis for any reduction in writing to the Council and the Civilian Police Review Board at the time of submission or adoption, as applicable, of any budget or budget modification.
Sec. 216 Powers and duties
The Civilian Police Review Board shall receive, initiate, cause investigation of, and recommend resolution of complaints filed with it or initiated by the Board alleging misconduct by sworn members of the Columbus Division of Police. Upon completion of an investigation, the Board shall make recommendations to the Division of Police regarding resolution of the complaint and, where warranted by the facts, may make recommendations pertaining to discipline.
The Division of Police shall make available its records relating to any matter under investigation, review, or evaluation by the Board, subject to the restrictions of applicable federal and state law. The Board shall have the authority to request the attendance of witnesses and the production of documents, photographs, audio recordings, electronic files, and other tangible evidence relating to any matter under investigation, review, or evaluation by the Board, subject to the restrictions of applicable federal and state law. With the approval of the City Attorney or the City Attorney’s designee, the Board shall have the authority to request that a subpoena issue to compel the attendance of a key witness or the production of any documents, photographs, audio recordings, electronic files or other tangible evidence relating to any matter under investigation, review, or evaluation by the Board in accordance with relevant provisions of the Charter, subject to the restrictions of applicable federal and state and, for city employee members of a bargaining unit, the terms of any collective bargaining agreement.
Subject to the approval of Council, the Civilian Police Review Board shall make rules providing for the procedure of the Board and for the review of complaints filed with it. Rules of the Board and amendments thereto shall take effect fifteen (15) days after their publication in the City Bulletin. The Board shall perform such other duties not inconsistent with the provisions of this Charter as may be required of the Board by ordinance.
Page 48 of 154
Sec. 217 Department of the Inspector General for the Division of Police
There shall be a Department of the Inspector General for the Division of Police, consisting of an Inspector General, one or more investigators, administrative support staff, and the Civilian Police Review Board. The Inspector General shall be appointed by a two-thirds vote of the Civilian Police Review Board and confirmed by the Mayor. The Department of the Inspector General shall be independent from the Department of Public Safety and the Inspector General shall serve under the guidance of the Civilian Police Review Board
Sec. 218-223. - Reserved
Page 49 of 154 7/18/2019 7/23/2019 8/28/2019 9/17/2019 9/30/2019 10/7/2019 10/16/2019 11/11/2019
79-O-19
AN ORDINANCE
Creating Title 2, Chapter 15 of the Evanston City Code Forming a “Citizen Police Review Commission”
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Legislative Statement. This Ordinance creates a City of
Evanston Citizens Police Review Commission whose primary function is to address issues of complaints filed by citizens against an Evanston Police Officer. Equity and inclusion are core values of the Evanston community. The City Council determines that it is in the best interest of the City to create a Citizen Police Review Commission to increase transparency and build a trusting relationship between the community and the
Evanston Police Department.
Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written
“with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings
Page 50 of 154 79-O-19 held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see
National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)).
The City Council finds that creating an entity that proactively addresses issues of citizen complaints against police officers in the City of Evanston is a priority.
The City Council desires to amend the City Code to create a Citizen Police Review
Commission.
SECTION 2: Title 2, Chapter 15 of the Evanston City Code of 2012, as amended (“City Code”), is hereby created and shall read as follows:
CHAPTER 15 – CITIZENS POLICE REVIEW COMMISSION
2-15-1: PURPOSE.
The Citizen Police Review Commission is established as a subcommittee for the City’s Human Services Committee, for the following purposes:
(A) To promote public confidence in the professionalism and accountability of the City of Evanston’s Police Department through unbiased review of the investigation of citizen complaints, thoughtful policy recommendations; (B) To add a citizen perspective to the evaluation of citizen complaints; (C) To provide a timely, fair and objective review of citizen complaints and the manner which they are investigated; and (D) To provide a systematic means to achieve continuous improvement in citizen and police interactions.
2-15-2: MEMBERSHIP; QUALIFICATIONS FOR MEMBERSHIP.
The Commission consists of nine (9) members who serve without compensation and are residents of the City of Evanston. The members must include the following:
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Page 51 of 154 79-O-19
(A) All members must possess a reputation of fairness, integrity and a sense of public service. (B) No current elected official, City employee or family member of any City employee may serve on the Commission. (C) The appointments shall reflect community diversity, including all nine (9) wards, income levels, ethnicity, age, gender and experience. (D) Members must commit to attending meetings regularly and participating in other initiatives of the Commission.
2-15-3: TRAINING AND ORIENTATION.
(A) The City Manager’s Office, in coordination with the Chief of Police, shall develop written standards for orientation, training and continuing education for the Commission members. (B) All appointees must complete the initial training and orientation before the first formally convened meeting. (C) Training may include police ride-along and firearms simulator training.
2-15-4: TERM.
(A) Commission members are appointed to three (3) year terms by the Mayor with the advice and consent of the City Council after the initial appointments for staggered terms. No member may serve more than two (2) terms. (B) The terms of the initial appointees shall be staggered as follows: 1. Two (2) persons shall serve a one-year term. 2. Three (3) persons shall serve a two-year term. 3. Four (4) persons shall serve a three year term.
2-15-5: POWERS AND DUTIES.
(A) The purpose of the Commission’s review shall be to determine if the completed internal investigation, prior to any final decision on discipline made by the Chief of Police, is complete, thorough, objective and fair based on: 1. The thoroughness with which each allegation has been investigated. 2. The extent to which witnesses and/or persons known to have information, knowledge or evidence pertaining to the allegation(s) were contacted or interviewed. 3. The manner and tone in which interviews were conducted with the complainant, witnesses, involved officer/employees and other persons having knowledge relating to the allegations. 4. The process of seeking, collecting and maintaining evidence pertaining to the investigation. 5. The findings determined by Office of Professional Standards. (B) The Commission may review a copy of the citizen complaint, a transcript of any interviews conducted, and the final report prepared by the Office of Professional Standards relating to the investigation provided as follows:
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Page 52 of 154 79-O-19
1. The identity of all parties to the Complaint shall remain anonymous, including but not limited to the Complainant and the accused officer/ employee. 2. Access to certain information may be restricted in conformance with applicable laws. (C) The Commission may view videos of the incident as necessary in closed session. (D) The Commission shall provide a written report summarizing its findings upon completion of its review of a completed investigation and the Office of Professional Standards findings to the Chief of Police. (E) The Commission will provide an annual overview to the Human Services Committee of complaints reviewed and findings of the Commission. (F) A representative of the Police Department command staff assigned by the Police Chief to the Office of Professional Standards shall be present during the review to answer questions, provide explanations or provide other assistance if needed. (G) Pursuant to the Collective Bargaining Agreement, only the Police Chief and the City Manager are empowered to impose discipline.
2-15-6: RULES; SELECTION OF A CHAIRPERSON.
(A) The Commission must annually elect a Chairperson from among its members. (B) The Commission must adopt rules and regulations necessary to exercise its responsibilities. (C) Meetings shall be held in conformance with the Open Meetings Act. (D) The Police Chief or the City Attorney may request a suspension of the review if there is a separate criminal investigation underway or if civil action against the City is threatened, underway or pending.
2-15-7: MEMBER RESPONSIBILITY.
(A) Members shall conduct themselves in a manner that maintains public confidence in the integrity of the Commission. (B) Members shall refrain from making any comments outside of the committee meetings regarding any pending complaint or investigation. (C) A member shall recuse him or herself from deliberations in which he or she has a personal, professional or conflict of interest of any nature. (D) A violation of any of these provisions may be grounds for immediate removal from the Commission by the mayor.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4: The City of Evanston Citizen Police Advisory Committee is hereby dissolved effective January 1, 2020.
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Page 53 of 154 79-O-19
SECTION 5: This ordinance must be in full force and effect after its passage, approval, and publication in a manner provided by law.
SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity must not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable.
Introduced:______, 2019 Approved:
Adopted:______, 2019 ______, 2019
______Stephen H. Hagerty, Mayor
Attest: Approved as to form:
______Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel
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Page 54 of 154 11/12/2020 Community Police Review Board (CPRB) | City of Iowa City
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News
Tuesday, September 15, 2020 - 10:00am Public invited to Community Police Review Board forum
Thursday, August 20, 2020 - 3:15pm Community invited to attend Community Police Review Board forum
Contact information
Community Police Review Board 410 E. Washington Street Iowa City, Iowa 52240 319-356-5043
To contact the entire Board, email [email protected]. All correspondence addressed to the Community Police Review Board becomes a permanent public record that appears in the Board packet, is archived by the City and will be distributed in the next meeting packet. The sender must include their full name. Unsigned correspondence will not be forwarded to the Board.
Public meeting
Second Tuesday of each month at 5:30 p.m. Select Language ▼ https://www.icgov.org/city-government/boards/community-police-review-board-cprb 1/9
Page 55 of 154 11/12/2020 Community Police Review Board (CPRB) | City of Iowa City Agendas
11/10/20 Agenda 11/10/20 Zoom Meeting Registration link: https://zoom.us/webinar/register/WN_7GURRZHBTxyck1euafQRrg
Meeting Id: 968 0924 9343
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Staff contact
Chris Olney
Board Members
Term: 07/01/17 - 06/30/21, David Selmer - Chair
Term: 07/01/17 - 06/30/21, Latisha McDaniel
Term: 07/01/19 - 6/30/23, Jerri MacConnell
Term: 07/01/20 - 6/30/24, Orville Townsend, Sr. - Vice Chair
Term: 07/01/20 - 6/30/24, Amanda Nichols
Origin
Contact staff
Number of members
Five
Appointed by
City Council
Term
Four-year Term, expiring on June 30. Select Language ▼ https://www.icgov.org/city-government/boards/community-police-review-board-cprb 2/9
Page 56 of 154 11/12/2020 Community Police Review Board (CPRB) | City of Iowa City Duties
The Iowa City Community Police Review Board (hereafter referred to as the CPRB) was established to provide a complaint process into claims of Iowa City police misconduct and assure that investigations are conducted in a manner which is fair, thorough and accurate; and to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department by having it review the Police Department's investigation into complaints. A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer.
In addition, the CPRB reviews police policies, procedures, and practices, and may recommend modifications to them.
See also City Code Chapter 8 Community Police Review Board.
About the CPRB
The Iowa City Community Police Review Board (hereafter referred to as the CPRB) consists of five members appointed by the City Council. The CPRB has its own legal counsel.
The CPRB reviews reports prepared after investigation of complaints about alleged police misconduct. It then issues its own written reports that contain detailed findings of fact and conclusions that explain why and the extent to which complaints should be sustained or not sustained. The CPRB maintains a central registry of complaints against sworn police officers and prepares annual reports to the City Council on the disposition of these complaints.
The CPRB reviews police policies, procedures, and practices, and may recommend modifications to them. The board shall hold at least one community forum each year for the purpose of hearing views on the policies, practices and procedures of the Iowa City police department.
The CPRB has only limited civil administrative review powers and has no power or authority over criminal matters or police discipline. It is not a court of law and is not intended to substitute for any form of legal action against the Police Department or the City.
Filing a Complaint
Click HERE for more information on filing a complaint.
Additional information
Educational video Select Language ▼ https://www.icgov.org/city-government/boards/community-police-review-board-cprb 3/9
Page 57 of 154 CHAPTER 8
COMMUNITY POLICE REVIEW BOARD
SECTION: 8-8-1: Creation Of Community Police Review Board 8-8-2: Intent, Goals And Guiding Principles 8-8-3: Definition Of Complaint; Complaint Process In General 8-8-4: Reserved 8-8-5: Police Department And Police Chief Investigatory Duties; City Manager Investigatory Duties 8-8-6: Police Chief's Report To Board; City Manager's Report To Board 8-8-7: Duties Of Board; Complaint Review And General Duties 8-8-8: Board Composition; Limited Powers Of Board 8-8-9: Police Officer's And Complainant's Rights Preserved 8-8-10: Council Review (Rep. by Ord. 07-4291, 10-16-2007) 8-8-11: Time Computation 8-8-12: Liaison 8-8-1: CREATION OF COMMUNITY POLICE REVIEW BOARD: As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city creates the community police review board (hereinafter "board"), subject to the duties and limited powers set forth herein. (Ord. 15-4627, 6-16-2015) 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the city council sufficient information to assess the overall performance of the Iowa City police department in these matters. (Ord. 13-4555, 9-17- 2013) C. Persons may make a formal written complaint to either the board or the Iowa City police department. In accordance with this chapter the board shall process only those complaints filed with the board but will receive reports from the police chief briefly describing the nature of the allegations made in formal written complaints filed with the police department and the disposition of the same. (Ord. 13-4555, 9-17-2013; amd. Ord. 15-4627, 6-16-2015) D. The board will: 1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police officers with either the board or the Iowa City police department. 2. Provide oversight of police investigations through review of such investigations. 3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to the board are critical of the police officer, as required by constitutional law, and give the police officer the opportunity to present testimony and evidence. 4. Issue a final public report to the city council on each complaint to the board which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". E. The board shall have no authority over police disciplinary matters because only the police chief or city manager may impose discipline under Iowa law. F. No findings in the board's report shall be used in any other legal proceeding. G. The board shall only review the conduct of sworn Iowa City police officers and shall only act in a civil, not criminal, capacity. The board is not intended to be a court of law, a tort claim process or other litigation process. No action of the board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the city. H. A complaint to the board may be filed by any person with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the board may file a complaint to the board based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. I. In order to assure that people feel confident in the complaint process, nonpolice City staff shall be available at a public location other than the Police Department to receive complaints, although complaints may also be filed at the Police Department. J. The board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the
Page 58 of 154 union contract, Civil Service Commission, and State and Federal law. Similarly, the board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by police officers under the law. K. The City Council finds that internal accountability within the Police Department is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief, the City Manager will investigate the claim and report to the board and the City Council. (Ord. 13-4555, 9-17-2013) L. Investigation of all formal complaints to the board is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the board. Such reports to the board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law, in which case the City Attorney shall forward a copy of such internal affairs investigation report to the board. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-4783, 3-12-2019) M. In order to assure external accountability of the actions of the Police Department, the Police Chief shall provide the board with a report at least quarterly of all formal complaints filed directly with the Police Department, which report shall state the date and location of the incident and a brief description of the nature of the allegation and the disposition of the complaint. (Ord. 13-4555, 9- 17-2013) N. External accountability will further be provided by the board's maintenance of a central registry of all formal complaints. In addition to the central registry, the board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, whether the board's decision differed from that of the Police Chief and/or City Manager, demographic information, and recommendations as to how the Police Department may improve its community relations or be more responsive to community needs. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-4783, 3-12-2019) O. The board shall hold at least one community forum each year for the purpose of hearing views on the policies, practices and procedures of the Iowa City Police Department, review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole, and report their recommendations, if any, to the City Council, City Manager and Police Chief. (Ord. 13-4555, 9-17-2013; amd. Ord. 15-4627, 6-16-2015) 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL: A. A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police Department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the board. In order to have "personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council or the board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". C. All complaints to the board shall be in writing and on forms provided by the board. Complaint forms shall be available to the public in easily accessible locations, and nonpolice staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the board. D. All complaints to the board must be filed with the City Clerk within ninety (90) days of the alleged misconduct. E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary dismissal by the board. (Ord. 13-4555, 9-17-2013) 8-8-4: RESERVED: (Ord. 13-4555, 9-17-2013) 8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY MANAGER INVESTIGATORY DUTIES: A. Reserved. B. Investigation: It shall be the mandatory duty of the Police Chief to do the following: 1. Prior to investigation of any board complaint, the Police Chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self- incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding. 2. Reserved. 3. Assign the complaint to designated investigators within the Police Department for investigation into the factual allegations of the complaint. 4. The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. The City Manager will participate in the interview process with the officers involved in the complaint. A review of the City Manager's involvement under this provision will be done in two (2) years to ensure the practice is producing its
Page 59 of 154 intended purpose. 5. Investigators will prepare and forward a report of their investigation to the Police Chief, and shall make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". (Ord. 13-4555, 9-17-2013) 6. In the event the board's decision differs from that of the Police Chief, the Chief shall meet with the board in closed session to discuss the discrepancy of opinion. If the board requests the City Manager's presence at said meeting the City Manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the City Council. (Ord. 19-4783, 3-12-2019) C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the board shall consult with the City Attorney and/or the board's own attorney on a case by case basis, to determine whether and how the investigation of the complaint should proceed. D. Complaints Against Police Chief: If a board complaint is filed concerning the Police Chief's conduct, the City Manager shall investigate or cause an investigation to be completed. E. Disciplinary Action: Nothing in this chapter shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the board's review of the complaint. (Ord. 13-4555, 9-17-2013) 8-8-6: POLICE CHIEF'S REPORT TO BOARD; CITY MANAGER'S REPORT TO BOARD: A. The Police Chief shall receive the designated investigator's report within the time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be interviewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the Police Chief deems appropriate. B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to finalizing the Police Chief's report to the board, and shall then forward this report to the board, which shall include the following: 1. Detailed written findings of fact concerning the allegations in the complaint; 2. A written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained"; and 3. Recommended remedial actions, if any, including amending current policies or adopting new policies. C. The Police Chief's report to the board shall not include discipline or personnel matters. D. A copy of the Police Chief's report to the board shall be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's report to the board shall be given to the Police Chief, the complainant, and the City Council. E. The Police Chief's report to the board shall be completed within ninety (90) calendar days after the complaint is filed. The board will grant extensions from this deadline for good cause shown. F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties, including the complainant, the police officer, and other witnesses. G. If a complaint is filed concerning the Police Chief, the City Manager's report shall include the same findings of fact and conclusions as required for the Police Chief's report to the board. (Ord. 13-4555, 9-17-2013) 8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL DUTIES: A. Complaints: The board shall forward copies of all complaints received to the Police Chief for investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City Manager for investigation. A copy of all complaints shall be forwarded to the Equity Director. B. Review Of Police Chief's Report Or City Manager's Report: 1. The board shall review all Police Chief's reports and City Manager's reports concerning complaints. The board shall decide, on a simple majority vote, the level of review to give each Police Chief's or City Manager's report, and the board may select any or all of the following levels of review: a. On the record with no additional investigation. b. Interview/meet with complainant. c. Interview/meet with named officer(s) and other officers. d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators.
2. The board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's report. This requires the board to give deference to the Police Chief's or City Manager's report because of the Police Chief's and City Manager's respective professional expertise. The board may recommend that the Police Chief or City Manager reverse or modify their findings only if:
Page 60 of 154 a. The findings are not supported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a Police Department policy or practice, or any Federal, State, or local law. 3. If, in accordance with said standard, the board affirms the decision of the Police Chief or City Manager with respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police practices, policies, or procedures, it may so comment in its report to the City Council. If such comments are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to subsection B6 of this section. When collecting and reviewing additional evidence, the board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. 4. If the board disagrees with the decision of the Police Chief or City Manager with respect to the allegations of misconduct, the board and the Police Chief and/or City Manager shall meet in closed session to discuss their disagreement about the complaint. If the board requests the City Manager's presence at its meeting with the Police Chief, the City Manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the City Council. 5. At the conclusion of the board's review, the board shall issue a public report to the City Council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons for such determination. The board shall notify the person(s) whose name(s) it intends to disclose, the City Attorney and the Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure. In addition, the board's public report shall not include any discipline or personnel matters, although the board may comment generally as to whether the board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the City Council shall be given to the complainant(s), the police officer(s), the Police Chief, Equity Director, and the City Manager. The public report shall indicate whether the board affirmed or rejected the decision set forth in the report of the Police Chief and/or City Manager. 6. The board shall not issue a report which is critical of the sworn police officer's conduct until after a "name clearing hearing" has been held, consistent with constitutional due process law. The board shall give notice of such hearing to the police officer so that the officer may testify before the board and present additional relevant evidence. The board shall be responsible for protection of all State and Federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the board.
7. If the board's report is not critical of the officer's conduct, the board is not required by law to offer a hearing to the officer, but the board may hold hearings as deemed appropriate by the board.
8. The board's report to the City Council shall be completed within ninety (90) calendar days of receipt of the Chief's or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown.
9. Nothing in this chapter shall in any way impede or interfere with the Police Chief's and the City Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the Police Chief or City Manager. 10. No findings or report submitted to the board or prepared by the board shall be used in any other proceedings. (Ord. 19-4783, 3-12-2019) C. General Powers And Duties: The board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the board or with the Iowa City Police Department. 2. Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The board's annual report may also include recommended changes in police practices, policies or procedures. The annual report will also include data derived from the exit survey tool developed for the complainant to provide staff and the public with perceptions of the process. (Ord. 13-4555, 9-17-2013)
3. In addition to the annual report, the board shall report to the City Council, from time to time, on police practices, procedures and policies, including recommended changes, if appropriate, and hold at least one community forum each year for the purpose of hearing views on the policies, practices and procedures of the Iowa City Police Department. (Ord. 13-4555, 9-17-2013; amd. Ord. 15-4627, 6-16-2015)
4. The board shall adopt procedural rules and bylaws governing the board's activities, including the receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the City Council. (Ord. 13-4555, 9-17-2013) 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD: A. Board Composition: 1. The board shall consist of five (5) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the board shall include one current or former "peace officer" as that term is defined by State law, except that a peace officer employed as such by the City of Iowa City within five (5) years of the appointment date shall not be appointed to the
Page 61 of 154 board. The City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the board include one current or former peace officer.
2. Following final adoption and publication of the ordinance codified herein, the City Council shall appoint members to the board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows:
a. One person appointed for a two (2) year term. b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms. 3. Training shall be available to all board members to enable them to perform the duties imposed herein, including training on Iowa's Public Records and Open Meetings Laws. B. Limited Powers: The board shall have the following limited powers:
1. On its own motion, by a simple majority vote of all members of the board, the board may file a complaint. 2. The board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majority vote of all members of the board. 3. The board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney or are the subject of an enforceable subpoena. 4. The board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. 5. If criminal charges are brought or are being considered against a particular police officer(s), the board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal investigation cannot later be used against the officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S. Constitution, unless such constitutional right is waived. 6. The board may obtain outside counsel and independent investigators in order to carry out the board's duties.
7. The board may request that the City Council hold general public informational hearings concerning Police Department practices, procedures or written policies. (Ord. 13-4555, 9-17-2013) 8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED: A. All rights enjoyed by sworn police officers employed by the City are preserved in this chapter, and nothing herein is intended to waive, diminish or interfere with any such rights protected by the union contract, Iowa's Civil Service Commission laws and other applicable State and Federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defamation, shall be protected during the process set out in this chapter, and it shall be the board's duty to protect said rights. C. Notwithstanding the above provisions, no board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a board member or by the board itself. (Ord. 13-4555, 9-17- 2013) 8-8-10: COUNCIL REVIEW: (Rep. by Ord. 07-4291, 10-16-2007) 8-8-11: TIME COMPUTATION: In computing time under this chapter, the first day shall be excluded and the last included, unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when the last day for the filing of a complaint or the completion of a report falls on a Saturday or Sunday, or a day on which the Office of the City Clerk is closed due to a City holiday, the time shall be extended to include the next day on which the Office of the Clerk is open to receive the filing of a complaint or the report. (Ord. 13-4555, 9-17-2013) 8-8-12: LIAISON: At the beginning of each even numbered calendar year, the City Council shall appoint one council member to serve as a liaison to the board. The general purpose of the liaison position shall be to help facilitate communication between the members of CPRB and members of the City Council about the overall makeup and function of the CPRB. The liaison will be a specific person to contact to provide a safe and comfortable vehicle for members of CPRB to express any concerns about the composition, cohesiveness and effectiveness of the CPRB. This will allow the Council to receive information needed to be aware of concerns related to the function of the CPRB, and make decisions/ changes when necessary. This will also be especially beneficial in cases in which a CPRB member(s) do not feel comfortable airing concerns related to the inner workings of the CPRB openly during CPRB meetings. (Ord. 19-4804, 8-20-2019)
Page 62 of 154 LINCOLN POLICE DEPARTMENT GENERAL ORDERS
NUMBER: 1435 TOPIC: CITIZEN POLICE ADVISORY BOARD ISSUED BY: JEFF BLIEMEISTER, CHIEF OF POLICE DATE: 1-1-2020 SUPERSEDES: G.O. 1435, 2016 REFERENCE: L.M.C. 4.08.010, et seq.
I. POLICY d. Whether the complaint is not likely to be resolved through the informal meeting The Citizen Police Advisory Board, established procedure. by Lincoln Municipal Code, exists to resolve citizen 3. If the complaint is not resolved, the full board complaints regarding police performance. The shall then consider the report of the Internal Lincoln Police Department will comply with the Affairs Unit and the report of the board ordinance in all respects. members participating in the informal meetings and, based upon those reports, II. PROCEDURE shall submit a report and recommendations to the City Council, the mayor and the chief A. Receiving Complaints of police. 4. These reports will find that the complaint 1. Complaints may be brought forward to the does or does not warrant corrective action. Citizen Police Advisory Board (CPAB). 5. If corrective action is warranted, they may 2. All complaints shall be filed in person in the recommend the action which the board feels office of the Mayor, unless the complainant is necessary to correct the policies or demonstrates that a disability or economic activities of the department upon which the hardship makes personal filing difficult or complaint is based. impossible. 3. The complaint must be filed within 45 days C. Internal Affairs Responsibilities from the date of occurrence or date of adjudication if a court case is pending. 1. In cases of a CPAB complaint, the Internal 4. Whenever a Level IV complaint is filed with Affairs Unit will: the department, the Internal Affairs Unit will a. Investigate all complaints as formal notify the complainant of the option of filing a complaints; complaint with the CPAB. This notification b. Submit a summary of the department's will be included in the department's letter to investigation and findings to the CPAB the complainant acknowledging receipt of as soon as practicable; the complaint. c. Attend the CPAB meetings as a representative of the department. B. Citizen Police Advisory Board Process 2. At regular quarterly meeting of the CPAB, the Internal Affairs Unit will present the 1. Two members of the CPAB will meet following information: (26.2.5) informally with the complainant, the officers a. Statistics concerning complaints involved, and two members of the received by the Lincoln Police department. This meeting will be held within Department, and the disposition of those 30 working days of the complaint. complaints. 2. A full public meeting of the CPAB will be held b. A brief summary of each Level IV quarterly. The board members attending the complaint investigation and disposition informal meeting will report: within the preceding quarter, without a. Whether there was or was not a basis for identifying the name, gender, or race of the allegations of the complaint. those involved. b. Whether the complaint was resolved at c. Statistical information concerning the meeting. commendations, arrests and citations, c. Whether another meeting or meetings and department workload. will be held to further attempt to resolve the complaint.
1-1-2020 1 1435 Citizen Police Advisory Board
Page 63 of 154 LINCOLN MUNICIPAL CODE
TITLE 4 BOARDS AND COMMISSIONS
Chapter 4.08 CITIZEN POLICE ADVISORY BOARD
Contents: 4.08.010 Purpose; Board Created; Powers and Duties. 4.08.020 Complaints; Types. 4.08.030 Complaints; Form; Time Limit; Content. 4.08.040 Complaints; Jurisdiction. 4.08.050 Procedure. 4.08.060 Findings; Report. 4.08.070 Annual Review.
4.08.010 Purpose; Board Created; Powers and Duties.
A properly administered mechanism for review of complaints concerning police procedures and policies serves both the professional interests of the Lincoln Police Department and the general interests of the community by fostering better police-community relations and by maintaining police services commensurate with the expectations of the community. The City of Lincoln has therefore created the Citizen Police Advisory Board (“CPAB”), composed of seven members who serve without remuneration, to administer this chapter. Said board shall be appointed by the Mayor and approved by the City Council and shall consist of individuals who represent a cross-section of the citizens of the community. Each appointee shall serve for a period of three years. Any vacancy occurring shall be filled in the same manner as provided for in the original appointment. The board herein established shall investigate and review event-based complaints and general complaints as described in this chapter and submit written reports of its findings and recommendations as hereinafter set forth. The board shall conduct an annual meeting at which it shall elect a chairperson from among its members and adopt rules and regulations for the conduct of meetings of the board. The board may meet at such other times as it shall deem necessary. An attorney from the office of the City Attorney shall serve as legal counsel to the board. In addition to the designated members, one officer from the Police Department shall serve as a nonvoting liaison member of the board. (Ord. 19499 §1; February 7, 2011: prior Ord. 19044 §1; February 11, 2008: Ord. 15430 §1; February 12, 1990: P.C. §2.31.010: Ord. 11475 §1; September 29, 1975).
4.08.020 Complaints; Types.
The board may exercise jurisdiction over event-based complaints and general complaints. a. Event-based Complaints: Event-based complaints are complaints regarding conduct of a specific officer or officers which concern an event or series of events investigated by or responded to by
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Page 64 of 154 the officer(s), such as alleged misconduct by the use of excessive force, abuse of authority, or extreme discourtesy. b. General Complaints: General complaints are complaints regarding practices, policies and procedures of the Lincoln Police Department in general, and where no specific officer or event is the subject of the complaint. (Ord. 19499 §2; February 7, 2011: prior Ord. 19044 §2; February 11, 2008: Ord. 15430 §2; February 12, 1990: P.C. §2.31.020: Ord. 11851 §1; December 6, 1976: Ord. 11475 §1; September 29, 1975).
4.08.030 Complaints; Form; Time Limit; Content.
a. Except as provided in § 4.08.040(d), an Event-based Complaint shall be filed within forty-five days of the alleged occurrence of the police misconduct. The complaint shall be filed at the office of the Mayor in person by the complainant, provided, however, that in cases where it is shown that disability or economic hardship of the complainant makes personal filing difficult or impossible, the board chairperson shall have discretion to allow filing by first-class mail, by an agent or representative of complainant, or by other reasonable means. The complaint must be in writing on a form approved by the board, and shall include, at a minimum, the following information: 1. Complainant’s name, address, and day-time telephone contact number. 2. Date and location of the event from which the complaint stems. 3. Name or badge number of any officer that is the subject of the complaint, if known. 4. Names, addresses, and telephone contact numbers of any known witnesses to the conduct that is the subject of the complaint. 5. Detailed narrative describing the misconduct. 6. Remedy complainant seeks. 7. Whether any citations were issued or arrests made, and the names of persons cited or arrested including case or citation numbers, if known. 8. Description of any pending criminal prosecution or civil lawsuit that arose from the event. 9. Signed waiver and agreement by complainant providing that: i. to the extent permitted by law, all matters relating to the investigation and review of the matter by the board or its subsidiaries will remain confidential and that no statements, exhibits, or reports made or used by any witness, party, or CPAB board member during any formal or informal meeting or at any stage in the CPAB investigation may be used in any court or administrative forum, whether civil or criminal; provided, however, that complainant has been informed and acknowledges that the board has a duty to, and shall, report criminal conduct to proper authority; and (ii) Complainant will immediately notify the office of the Mayor if civil or criminal proceedings relating to the event that is the subject of the complaint are instituted after the complaint is filed but before the board issues its report. 10. Any other information required by the board on its complaint form. b. A General Complaint may be filed any time. The complaint shall be filed at the office of the Mayor, in person, by the complainant, provided, however, that in cases where it is shown that disability or economic hardship of the complainant makes personal filing difficult or impossible, filing may be allowed by first-class mail, by an agent or representative of complainant, or by other reasonable means. The complaint must be in writing on a form approved by the board, and shall include, at a minimum, the following information: 1. Complainant’s name, address, and day-time telephone contact number. 2. The policy, practice or procedure that is the subject of the complaint. 3. Detailed narrative stating why the complaint is being filed. 4. Complainant’s suggested remedy.
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Page 65 of 154 5. Description of any pending criminal prosecution or civil lawsuit relating to the practice, policy or procedure that is the subject of the complaint. 6. Signed waiver and agreement by complainant providing that: i. to the extent permitted by law, all matters relating to the investigation and review of the matter by the board or its subsidiaries will remain confidential and that no statements, exhibits, or reports made or used by any witness, party, or CPAB board member during any formal or informal meeting or at any stage in the CPAB investigation may be used in any court or administrative forum, whether civil or criminal; provided however, that complainant has been informed and acknowledges that the board has a duty to, and shall, report criminal conduct to proper authority; and (ii) Complainant will immediately notify the office of the Mayor if civil or criminal proceedings relating to the policy or procedure that is the subject of the complaint are instituted after the complaint is filed but before the board issues its report. 7. Any other information required by the board on its complaint form. (Ord. 19044 §3; February 11, 2008: prior Ord. 17202 §1; June 30, 1997: Ord. 15430 §3; February 12, 1990: P.C. §2.31.030: Ord. 11851 §2; December 6, 1976: Ord. 11475 §1; September 29, 1975).
4.08.040 Complaints; Jurisdiction.
a. The board shall have no jurisdiction to hear complaints or conduct an investigation while any civil suit or criminal action relating to the complaint is pending. Upon commencement of any civil or criminal action relating to an event that is the subject of a complaint, or to a practice, policy or procedure that is the subject of a complaint after such complaint has been filed, regardless of who files the action, the Citizen Police Advisory Board shall lose jurisdiction over that complaint. b. Should complainant at any time file a civil action regarding any of the facts relating to an event or alleged police conduct, the board shall permanently lose jurisdiction over any event-based complaint arising from that event or conduct. A majority of the board may decide, however, in the exercise of its discretion, to consider a general complaint relating to those facts at such time as the civil proceedings have been finally dismissed, concluded or otherwise resolved and no other civil or criminal proceedings based on the event or conduct are pending. c. Upon receipt of a complaint as set out above, the office of the Mayor shall forward a copy of such complaint to the Police Chief and members of the Citizen Police Advisory Board. The board chairperson shall determine whether the board has jurisdiction over the complaint by considering whether any of the following factors are present: 1. A civil or criminal action relating to the complaint is pending, regardless of whether complainant is a party to the action; 2. The complainant has filed a civil action based upon the event or alleged police conduct upon which the complaint is based; 3. The complaint is redundant to other complaints previously filed by the same party; 4. The complaint is filed out of time; 5. The complaint is filed against parties other than members of the Lincoln Police Department; 6. The complaint relates to events that were the basis of prior complaints handled by or pending before the Board; or 7. The complaint is wholly frivolous on its face.
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Page 66 of 154 In the event the chairperson determines that any one or more of the factors listed in (1) - (7) above is present, the chairperson shall dismiss the complaint for want of jurisdiction; however, any complaint dismissed for any reason shall be reviewed at the next regular meeting of the Citizen Police Advisory Board and the board as a whole shall either ratify the decision of the chairperson or overturn the same. The only grounds for overturning dismissal of a complaint under subparagraph (c)(2), however, shall be to exercise the board’s discretion to consider a general complaint relating to the facts which give rise to the complaint after no civil or criminal proceedings based on the event or conduct remain pending. Should the Citizen Police Advisory Board overturn the decision of the chairperson, the complaint shall be investigated and the time periods relating to investigating and reporting shall commence as of the date of the board’s decision rather than the date the complaint was filed. d. In the event that a proper and timely complaint previously filed by a complainant has been dismissed for want of jurisdiction under subparagraph (c)(1) of this section on the grounds that a criminal action was pending or instituted, or on the grounds that a civil action, filed by any person other than complainant, was pending or instituted, complainant may refile such complaint with the Citizen Police Advisory Board within forty-five days of the time all such civil or criminal actions, including any appeals, are finally dismissed, concluded or otherwise resolved and no such actions remain pending. Notwithstanding the foregoing, however, an event-based complaint over which the board did not have jurisdiction because of the provisions of subparagraphs (b) and (c)(2) of this section may not be refiled under this subparagraph (d). e. Notwithstanding any other provision of this section, no time limit shall apply to filing a general complaint, including a general complaint described in subparagraphs (b) and (c)(2) of this section; provided, however, that the board shall have power in the exercise of its discretion to hear or to refuse to hear any general complaint to which the circumstances in subparagraphs (b) and (c) (2) of this section apply. f. If the chairperson determines that any complainant’s characterization of a complaint as event- based or general is in error, the chairperson shall properly characterize the complaint for review and investigation in accordance with the procedures herein. (Ord. 19499 §4; February 7, 2011).
4.08.050 Procedure.
Throughout all informal subcommittee meetings and all public hearings by the full board, and in all reports of the board, names of complainants and officers involved shall remain confidential.
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Page 67 of 154 The Board shall complete its investigation of an event-based or general complaint within sixty days after the filing of the complaint. After the chairperson has conducted initial review of the complaint as provided in § 4.08.040(b), the chairperson shall designate two members of the board as a subcommittee to investigate the complaint, including conduct of an initial interview of the complainant. The Police Chief shall also designate one or more members of the Police Department to investigate on behalf of the department. An informal meeting or meetings with the complainant, police investigators and any officers involved shall be held as soon as practicable, but not exceeding thirty working days after filing of the complaint, at which the subcommittee shall attempt to resolve the complaint by conference and conciliation. Witnesses may be permitted to appear voluntarily on behalf of the complainant or the officers in the discretion of the board subcommittee members, but neither the board nor the subcommittee are empowered to issue subpoenas or other legal process or to otherwise compel attendance of witnesses. The subcommittee members participating in informal meetings shall report at the next public meeting of the board to occur after such informal meetings, and shall advise the board as to the proceedings and result of such meetings. The report of subcommittee members shall indicate whether (a) there was or was not a basis for the allegations of the complaint; (b) whether the complaint was resolved by meetings; (c) whether another meeting or meetings will be held to further attempt to resolve the complaint; or (d) whether the complaint is not likely to be resolved through the informal meeting procedure. If the complaint has been resolved by informal meetings, no further action shall be taken by the board. If informal meetings do not resolve the complaint and resolution of the complaint through further informal meetings appears unlikely, the full board shall prepare a report and recommendation as hereinafter set out, based upon the reports of the informal subcommittee meetings. (Ord. 19499 §5; February 7, 2011).
4.08.060 Findings; Report.
After a review of all the reports, the board shall make findings as follows: a. That the complaint warrants corrective action to be taken on the part of the Mayor and/or the Police Chief; or b. That the complaint does not warrant any corrective action. The board shall put its findings in writing and shall send a copy of such findings to the City Council, the Mayor, and the Chief of Police, and may include in such written findings, a recommendation of the action which the board feels is necessary to correct the policies or activities of the Police Department upon which the complaint is based. The complainant shall also be notified of the result of the hearing. (Ord. 19499 §6; February 12, 2011: P.C. 4.08.040: Ord. 15430 §4; February 12, 1990: P.C. §2.31.040: Ord. 11851 §3; December 6, 1976: prior Ord. 11475 §1; September 29, 1975).
4.08.070 Annual Review.
At its annual meeting, the board shall review all complaints received. If the board determines that the complaints indicate a pattern of misconduct or show that particular police policies are being met with significant disapproval by a substantial number of citizens, then the board shall make a report in writing to the City Council, the Mayor, and the Police Chief outlining such patterns of misconduct or police policies and shall make recommendations and proposals for their correction. (Ord. 20869 §2; January 13, 2020: Ord. 19499 §7; February 7, 2011: P.C. § 4.08.050: Ord. 15430 §5; February 12, 1990: P.C. §2.31.050: Ord. 11475 §1; September 29, 1975).
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Page 68 of 154 11/12/2020 Common Council Confirms Appointments to Police Civilian Oversight Board | City of Madison, City of Madison, Wisconsin
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Home (/) / News & Updates (/news) / Common Council Confirms Appointments to Police Civilian Oversight Board
Common Council Confirms Appointments to Police Civilian Oversight Board
Thursday, October 8, 2020 - 9:29am
At their meeting on October 6th, the Common Council unanimously confirmed the inaugural slate of appointments to the newly-established Police Civilian Oversight Board. The thirteen members of the Board will be taking up their posts in the upcoming weeks to complete their rigorous training and begin the process of hiring an Independent Police Monitor.
The Council thanks everyone who applied for a position on the Civilian Oversight Board, congratulates the confirmed appointees, and expresses deep appreciation for their dedication to service to the City of Madison.
Appointed Civilian Oversight Board members:
Skip• to main Ank contentita Bharadwaj
• Keetra Burnette
• Anthony Cooper
• Ananda Deacon https://www.cityofmadison.com/news/common-council-confirms-appointments-to-police-civilian-oversight-board 1/5
Page 69 of 154 11/12/2020 Common Council Confirms Appointments to Police Civilian Oversight Board | City of Madison, City of Madison, Wisconsin
• Keith Findley (1st Alternate)
• Joshua Hargrove
• Jacquelyn Hunt
• Shadayra Kilfoy-Flores
• Rachel Kincade
• Isadore Knox, Jr.
• Maia Pearson
• Yesenia Villalpando-Torres
• Sheray Wallace (2nd Alternate)
The Civilian Oversight Boardʼs purpose is to provide a body that is independent from the Madison Police Department, authorized to hire and supervise an Independent Police Monitor, and required to work collaboratively with the O ice of the Independent Police Monitor and the community to review and make recommendations regarding use of force, hiring, training, community relations, complaint processes and other policies and activities.
The Board will also assist in directing e orts to ensure accountability for implementing the 177 recommendations that came out the 2019 Madison Police Department Policy and Procedure Review Ad Hoc Committee report (https://madison.legistar.com/View.ashx? SkipM =F&to mainID=7812735& content GUID=21A9A1A7-AD70-45D3-A954-D660214097C2). Full details of the powers of the Monitor and Oversight Board can be found in Madison General Ordinance 5.19 and 5.20 (https://madison.legistar.com/LegislationDetail.aspx?ID=4628948&GUID=2AE7E769-4795-4BF3- 9D07-1826D08BCEFC&Options=ID%7CText%7C&Search=oversight+board&FullText=1). Contacts
https://www.cityofmadison.com/news/common-council-confirms-appointments-to-police-civilian-oversight-board 2/5
Page 70 of 154 11/12/2020 Common Council Confirms Appointments to Police Civilian Oversight Board | City of Madison, City of Madison, Wisconsin Karen Kapusta-Pofahl, Comon Council Legislative Analyst, (608) 266-4071, kkapusta- [email protected] (mailto:[email protected]) Kwasi Obeng, Council Chief of Sta , (608) 245-5793, [email protected] (mailto:[email protected])
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Details Reports Ind Police Monitor & Police Civilian File #: 61593 Version: 3 Name: Oversight Board Type: Ordinance Status: Passed COMMON COUNCIL EXECUTIVE File created: 7/29/2020 In control: COMMITTEE On agenda: 9/1/2020 Final action: 9/1/2020 Enactment date: 9/16/2020 Enactment #: ORD-20-00092 SUBSTITUTE - Creating Sections 5.19 and 5.20 of the Madison General Ordinances establishing the Office of the Independent Police Monitor and the Police Civilian Oversight Board. (Note: This substitute Title: clarifies that the Civilian Oversight Board does not have the authority to conduct investigations regarding the conduct of Police Department employees but may conduct formal inquiries to assist it in exercising the powers and duties described in section 5.20(9).) Sponsors: Donna V. Moreland, Shiva Bidar, Rebecca Kemble 1. Memo re Monitor and Board Ordinances.pdf, 2. 61593 v1.pdf, 3. 61593 v2 Alternate.pdf, 4. 61593 Attachments: v3 Substitute.pdf, 5. 61593 v4 2nd Alternate.pdf, 6. Henak amdt 61593.pdf, 7. Henak amdt 1 61593.pdf, 8. Henak 2nd amendment 61593.pdf, 9. Baldeh proposed amendment 61593.pdf
History (15) Text
15 records Group Export
Date Ver. Action By Action Result Action Details Watch 9/1/2020 1 COMMON COUNCIL Adopt With Fail Action details Not available Amendment(s) 9/1/2020 1 COMMON COUNCIL Adopt the Following Fail Action details Not available Amendment(s) 9/1/2020 1 COMMON COUNCIL Adopt the Following Fail Action details Not available Amendment(s) 9/1/2020 1 COMMON COUNCIL Adopt With Fail Action details Not available Amendment(s) 9/1/2020 1 COMMON COUNCIL Adopt Pass Action details Not available 8/28/2020 1 COMMON COUNCIL EXECUTIVE COMMITTEE RECOMMEND TO Fail Action details Not available COUNCIL WITH THE FOLLOWING RECOMMENDATIONS - REPORT OF OFFICER 8/26/2020 1 PUBLIC SAFETY REVIEW COMMITTEE Return to Lead with Pass Action details Not available the Recommendation for Approval 8/13/2020 1 EQUAL OPPORTUNITIES COMMISSION Return to Lead with Pass Action details Not available the Recommendation for Approval 8/12/2020 1 PUBLIC SAFETY REVIEW COMMITTEE Refer Action details Not available https://madison.legistar.com/LegislationDetail.aspx?ID=4628948&GUID=2AE7E769-4795-4BF3-9D07-1826D08BCEFC&Options=ID%7CText%7C&Se… 1/2
Page 72 of 154 11/12/2020 City of Madison - File #: 61593
Date Ver. Action By Action Result Action Details Watch 8/10/2020 1 FINANCE COMMITTEE Return to Lead with Pass Action details Not available the Recommendation for Approval 8/4/2020 1 COMMON COUNCIL EXECUTIVE COMMITTEE Referred Action details Not available 8/4/2020 1 COMMON COUNCIL EXECUTIVE COMMITTEE Referred Action details Not available 8/4/2020 1 COMMON COUNCIL EXECUTIVE COMMITTEE Referred Action details Not available 8/4/2020 1 COMMON COUNCIL Refer Pass Action details Not available 7/29/2020 1 Attorney's Office Referred for Action details Not available Introduction
https://madison.legistar.com/LegislationDetail.aspx?ID=4628948&GUID=2AE7E769-4795-4BF3-9D07-1826D08BCEFC&Options=ID%7CText%7C&Se… 2/2
Page 73 of 154 Page 74 of 154 Page 75 of 154 EAST LANSING POLICE DEPARTMENT
POLICY AND PROCEDURE
ORDER NUMBER: 12-20 SUBJECT: RESPONSE TO RESISTANCE EFFECTIVE DATE: 5-2020 ANNUAL REVIEW DATE: 04/2020 RESEARCHED BY: P&P COMMITTEE INDEX AS: USE OF FORCE TOTAL PAGES: 13 SUPERCEDES: P&P 07-01-09, P&P 07-01-10 P&P 02-06-16, P&P 12-16
CHIEF OF POLICE: ______
12.1 PURPOSE
The purpose of this procedure is to guide East Lansing Police Department personnel in the use of reasonable force when encountering resistance (non-deadly and deadly) during lawful arrests, or when performing lawful duties while protecting the public.
12.2 POLICY
The Department recognizes and respects the value of each human life. In vesting officers with the lawful authority to use force to protect the public welfare, it is the policy of the Department that officers shall only use an objectively reasonable amount of force to effectively bring an incident under control, while protecting the lives of Department personnel and others. This Policy will often use the word “officer” as common terminology. However, this Policy applies to all Department employees, where applicable, based upon their job duties.
The justification for the use of force shall be in accordance with laws of the United States of America, the State of Michigan, the terms of this Policy and Procedure, Department training standards, or other rules and regulations of the East Lansing Police Department.
In the event, that an employee of this Department observes an excessive use of force by another employee, it shall be their responsibility to immediately de-escalate and control the amount of force used. The employee shall immediately report any use of excessive force to a supervisor.
This Policy is for Department use only and represents administrative guidelines for an officer’s decision-making process and not as a standard for civil or criminal litigation. It should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to civil suits or administrative claims. Violations of this Policy may form the basis for Departmental administrative sanctions.
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12.3 DEFINITIONS
A. IMMINENT – Impending or about to occur.
B. USE OF FORCE: The attempt to gain physical control of an individual through actual physical contact with the subject when any resistance is present.
C. NON-DEADLY FORCE: Any use of force other than that which is considered likely to cause death or serious bodily injury.
D. DEADLY FORCE: Any force used by an officer that is likely to cause death or serious bodily injury. May be used in the defense of self, others, or in pursuit of a violent feeling felon (in accordance with TENNESEE v. GARNER and the 4th Amendment).
E. OBJECTIVE REASONABLENESS: Any use of force must be objectively reasonable to counter the subject’s level of resistance under the circumstances at the time it is applied. The Objective Reasonableness Standard considers factors such as but not limited to: 1) Severity of the Crime, 2) Whether the suspect poses an immediate threat to the safety of officers or others, 3) Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. Reasonableness is “…judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”
F. LIFE THREATENING FELONIES: The East Lansing Police Department defines life threatening felonies to include but may not be limited to Murder (including lesser offenses), Kidnapping, Armed Robbery, Felonious Assault, Rape.
G. SERIOUS BODILY INJURY: Serious bodily injury is that which “creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
H. PROBABLE CAUSE: "Police have probable cause to arrest an individual when the facts and circumstances within their knowledge and of which they have reasonably trustworthy information are sufficient to cause a person of reasonable caution to believe the person to be arrested is committing or has committed a crime." Brinegar v. United States, 338 U.S. 160 (1949).
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Page 77 of 154 12.4 APPLICABLE USE OF FORCE CASE LAW:
A. 4TH AMENDMENT OF THE U.S. CONSTITUTION: An arrest is a seizure that should only occur upon probable cause by an officer to believe that a crime has occurred; therefore, the Use of Deadly Force is a seizure.
The Use of Force must be objectively reasonable, based upon the totality of the circumstances presented to the officer and judged upon an on-scene reasonable officer standard. "Reasonableness is "…judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." Consideration of reasonableness allows that "...officers are often forced to make split-second judgements in circumstances that are tense, uncertain, and rapidly-evolving..." Graham v. Connor, 490 U.S. 386 (1989).
Furthermore, the Supreme Court of the United States has asserted that the standard for use of force is objective reasonableness, not, "minimum use of force" or "only that amount of force that is necessary."
B. TENNESSEE v. GARNER: Officers may use deadly force against violent felony offenders where they pose a serious bodily threat or deadly threat to officers or civilians with a weapon, or whereby there is probable cause to believe they committed a crime involving the infliction of serious physical harm. The use of deadly force must be reasonably necessary to prevent the suspect’s escape and alternative steps are not likely to lead to the safe control of the suspect. If feasible, some warning should be provided.
Tennessee v. Garner abolished using Deadly Force against non-violent felony offenders. An "officer's use of deadly force is limited to those situations where the officer has probable cause to believe that a felon poses a threat of serious physical harm to himself or others."
C. GRAHAM v. CONNOR: Graham v. Connor is a foundational case involving a use of force. The court stated that the test of reasonableness is, "not capable of a precise definition or mechanical application." Graham vs. Connor asserts that the following must be considered prior to an application of force against an individual:
1. Severity of the Crime. 2. Whether the suspect poses an immediate threat to officers or the public. 3. Whether he/she is actively resisting arrest or attempting to evade arrest by flight.
12.5 USE OF DEADLY FORCE
A. Police officers are authorized to use deadly force only under the following circumstances:
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1. An honest and reasonable belief that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
2. An honest and reasonable belief that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or another individual (e.g. Criminal Sexual Conduct with penetration).
B. Life Threatening Felony:
1. Firearms may be discharged to affect an arrest when an officer has probable cause to believe that a person has committed a life-threatening felony, and that person poses a significant danger to the community if escape should occur.
2. An officer shall not fire upon a person who is fleeing on suspicion alone that the person may have committed a life-threatening felony, or solely because a person fails to stop upon command.
3. Before using a firearm, police officers should attempt to identify themselves, and “if feasible,” state their intent to shoot, unless this increases the risk of harm; “STOP POLICE” would be sufficient.
C. Restrictions:
1. Warning shots are prohibited.
2. Under no circumstances can the discharge of a firearm be justified to affect a misdemeanor arrest or to apprehend a person fleeing from such a charge.
3. The refusal of a driver to stop a vehicle, chasing a stolen vehicle, and a police pursuit for a non-life-threatening felony, are not considered justification for discharging a firearm.
12.6 DISCHARGE OF A WEAPON
A. Firearms shall not be used to dispose of injured animals without the permission of a Supervisor. However, there may be situations when circumstances do require immediate action. In these situations, officers may discharge a firearm when it is necessary to protect themselves, another person, or a Department canine from being attacked by an animal. Officers discharging a firearm at an animal shall ensure the safety of all persons and property.
B. Officers firing a firearm, whether on-duty or off-duty, or whether accidentally or intentionally, shall report the circumstances to the Chief of Police through their immediate supervisor. This does not apply to the disposal of an injured animal while on-duty, the authorized firing at a range or to the discharge of firearms while hunting 4
Page 79 of 154 or for other lawful recreational purposes. An official investigation will be made on the firing of the firearm to determine the circumstances and this investigation will be forwarded to the Chief of Police.
12.7 USE OF NON-DEADLY FORCE
Police personnel shall not use more force than is reasonably necessary under the circumstances. Police personnel shall use force only in accordance with Federal and State laws and East Lansing Police policies and training. An officer is authorized to use non-deadly force under the following circumstances:
A. In self-defense or defense of another person.
B. To prevent a person from injuring himself/herself.
C. To affect the arrest of persons physically or passively resisting lawful arrest, attempting to flee from lawful custody, or when necessary to prevent the escape or recapture of a person who has been arrested.
D. To control, move, direct or arrest persons creating a public disturbance; in order to maintain public order; or rescue persons who are in danger.
E. To control an arrested person who is either actively or passively refusing to comply with arrest, search, booking, custody or other lawful directives of an officer.
F. To take a person into protective custody for a mental detainer, a court order, for incapacitation due to the consumption of drugs or alcohol, a suicide attempt, or for other types of emergency medical assistance. The officer may use the kind and degree of force which would be lawful if the officer was affecting an arrest for a misdemeanor without a warrant.
12.8 HEAD STABILIZATION
A. Head Stabilization will only be used in the appropriate application of PPCT. “i.e. Counter pressure during use of pressure point application”.
B. Head Stabilization may be used if the offender is trying to use their head or mouth (i.e. Offending Appendage) as a, or in a assaultive nature against an officer. “Head butting / biting”
12.9 HIGH RISK STOPS
A police officer is authorized to place his/her firearm/weapon in the ready or shooting position when stopping a person or vehicle that the officer believes to have been involved in a felony, carrying a weapon, or poses a significant threat and danger to officers or a significant threat and danger to the community.
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Page 80 of 154 12.10 MEDICAL TREATMENT
A. The East Lansing Fire Department shall be requested for medical evaluation and treatment in the following situations, when the scene is secure, and it is safe to do so:
B. The injury is caused by a firearm.
C. The injury is caused by any level of force or other weapon, and it appears the pain or discomfort is above and beyond what would normally be expected.
D. The injured person requests medical treatment.
E. When a taser (e.g. drive-stun or probe hit) has been discharged against an individual, the on-duty shift supervisor, arresting officer or JSO shall advise a licensed healthcare provider/paramedic. The individual shall not be lodged in a holding facility or jail until the individual has been transported and medically cleared by a licensed healthcare facility.
F. Persons struck with launchable less-lethal projectiles (e.g. 40-mm or 12-gauge bean-bag) will be transported and medically cleared by a licensed healthcare facility. There may be times that these devices have been deployed and the target person flees; attempts will be made to apprehend this subject.
G. When possible, photographs of use of force related injury(s) will be taken.
12.11 DOCUMENTING THE USE OF FORCE
A. A detailed Department incident report shall be initiated whenever any use of force is used against an individual that rises above the level of cooperative handcuffing (e.g. non-compliant subject; detainment with no arrest). When documenting a use of force, officers shall include in the Department incident reporting system, the appropriate file class and “Use of Force” title in the report subject heading.
1. It shall be the responsibility of the reporting officer to document the type of resistance encountered and the type of force used to overcome the resistance. In addition, the reporting officer shall document the officers present at the scene. Officers involved in documentation of the incident should provide detailed information that add to the totality of the circumstances.
2. In the event any additional officers use actual physical force against an individual, it shall be that officer’s responsibility to document their own “Use of Force” actions in a Supplemental Report.
B. Removing a handgun, Taser or PCA out of a holster, and displaying it against an 6
Page 81 of 154 individual shall automatically be considered a “Use of Force” and a Department Incident Report shall be completed. However, a slung rifle does not require a Use of Force Incident Report if it is not pointed or held in the Low-Ready position toward an individual.
C. Euthanizing an injured animal with a firearm requires an Incident Report (General – Non-Criminal; File Class 9909) to aid in tracking firearm discharges by on-duty ELPD personnel. This type of report does not need a Use of Force tab completed.
D. Utilizing force to counter an aggressive animal in defense of self, another, or a Department canine will require a Use of Force Report (Use of Force; applicable File Class).
E. Immediate Required Reporting of Non-Deadly Force
1. When an officer uses any force in response to the resistance of an individual, it shall be reported to the duty supervisor immediately once the situation is under control.
2. If an injury occurs during the course of controlling the subject’s resistance, the supervisor shall be notified as soon as possible. The officers on scene should call for medical attention if it is clear that medical attention is needed, or the supervisor may evaluate and determine if a medic should be called once they arrive on scene or are made aware of the injury / incident.
3. The Supervisor receiving the report of force shall do the following prior to going off-duty:
a. Assure proper documentation is completed prior to anyone involved going off-duty.
b. Review reports and videos related to the use of force if available.
c. Email Police Administration (Captain and above) the report number, if videos exist and a synopsis of the situation.
d. Refer to Section 12.11(D) for further instructions if it appears Excessive Force may have been used.
4. Police Administration will review the incident as soon as possible. If there are any issues the Chief of Police will decide what course of action should follow.
12.12 SUPERVISOR'S RESPONSIBILITIES
A. Refer to Sub-Section 12.10 (E)
B. Whenever a supervisor observes an incident, reviews a report, or reviews a video 7
Page 82 of 154 (MVR or BWC) relating to the Use of Force, it shall be the supervisor’s responsibility to determine whether the degree of force used was justified.
C. The justification for the use of force shall be in accordance with laws of the United States of America, the State of Michigan, the terms of this Policy and Procedure, Department training standards, or other rules and regulations of the East Lansing Police Department.
D. In the event a determination is made that the amount of force used was excessive, the supervisor shall document the incident in a written letter to Police Administration. The Administration and Use of Force Team Supervisor will review the information and notify the Chief of Police if it appears that the amount of force used was excessive. The Chief of Police shall determine if the incident should be investigated.
12.13 NECESSITY THAT OFFICERS BE ARMED
A. All officers shall be armed while on duty (e.g. training, court). The Chief of Police may authorize exceptions.
B. When wearing their assigned uniform, officers shall be armed with their primary handgun by carrying it in a Department approved holster.
C. Officers assigned to patrol duties will have their assigned long gun accessible to them while on patrol. Those who have purchased long guns on the Officer Purchase Program (OPP) are expected to be and shall be in compliance with it.
12.14 DEPARTMENT ISSUED/AUTHORIZED USE OF FORCE WEAPONS
A. Department issued weapons will be issued to officers by the Use of Force staff. Upon leaving employment with the Department all officers shall turn their Department issued weapons into a member of the Use of Force Staff. (SEE APPENDIX A)
B. While on duty, officers shall carry only weapons and ammunition authorized by the Department.
C. Authorized weapons are those weapons with which the officer has received departmental training on the weapon’s proper and safe usage and the officer has qualified with.
D. Authorized non-Department-issued weapons may be carried by officers of this department while on-duty if the weapon was purchased through the Officer Purchase Program, or upon the approval of the Chief of Police or his/her designee.
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Page 83 of 154 SECONDARY/BACK-UP FIREARMS:
E. Officers may carry a personal-owned firearm concealed while on duty as a secondary/back-up firearm provided it has been approved and they have qualified with it.
F. All secondary/back-up firearms are subject to approval by the East Lansing Police Department Chief of Police or designee.
G. Officers may only carry one second/back-up firearm on duty.
H. The department approved secondary/back-up firearm will not be altered or modified in any way without the prior approval of the East Lansing Police Department Use of Force Team Supervisor.
I. Officers are responsible for the maintenance, repair or replacement of their secondary/back-up firearm and to ensure the second/back-up firearm is properly loaded, functional and secured.
J. The secondary/back-up firearm will be carried in a Department-approved holster.
12.15 AUTHORIZED OFF-DUTY FIREARMS
A. Officers are not required to carry a firearm when off-duty.
B. Officers should consider the following factors when deciding whether to carry an off-duty firearm:
1. Circumstances or locations where the carrying or possession would otherwise be unlawful.
2. Situations where it might be difficult to maintain exclusive control of the firearm at all times; such as participation in athletic events or physical activities.
3. If there is a chance the officer will be consuming alcoholic beverages or using prescribed medication which might impair their physical or mental ability. NOTE: State Law prohibits the carrying or use of a firearm while intoxicated (under the influence - MCL 750.237).
4. The existence of any socially unacceptable situation.
5. It will be the responsibility of each officer to provide maximum security for all firearms in their custody while off-duty. It is highly recommended that all firearms be carried in a safe manner to protect/secure the trigger from being inadvertently pulled.
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Page 84 of 154 12.16 OFF DUTY INTERVENTION
A. An off-duty officer may take reasonable and appropriate police action when encountering apparent criminal activity or circumstances deserving police attention. Officers are reminded that police powers of arrest for misdemeanors do not generally exceed the boundaries of the City of East Lansing. Officers, whenever feasible, will identify themselves as police officers prior to taking any police action or prior to intervening in any apparent criminal activity. Carrying and displaying a police badge is recommended. Intervention may range from active or aggressive intervention (termination of crimes and arrest of suspects) to careful observation and notification or communication with on duty officers. Off-duty intervention has certain tactical disadvantages which include:
B. No radio communication.
C. No ballistic vest.
D. No Medical supplies (e.g. tourniquet, hemostatic agent, bandages, etc.)
E. No chemical agents, handcuffs, or other intermediate weapons.
F. Lack of an identifiable uniform.
G. Inability to make tactical plans prior to intervention.
H. Whether the officer is armed with an authorized firearm.
I. Family and friends that may distract the officer during a violent incident.
12.17 AMMUNITION
A. Sworn police personnel shall only carry department-issued ammunition for their department-issued duty weapons.
B. Sworn police personnel shall only carry factory ammunition for their authorized on- duty secondary weapon that has been approved by the Use of Force Staff.
12.18 MAINTENANCE
A. Police personnel will keep their issued weapons in good working order to maintain the integrity of the weapon. Some cleaning supplies will be provided as needed.
B. Alterations and modifications are strictly prohibited unless performed by a department armorer.
C. If a departmental firearm is not functioning properly, the officer will notify his/her immediate supervisor. The supervisor will notify the Use of Force Staff Supervisor or Armorer to have the weapon repaired or have a replacement issued. 10
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12.19 USE OF FORCE TRAINING AND ASSESSMENT
A. The Chief of Police shall approve the Use of Force training and assessment programs for Departmental personnel. Prior to the use of Department-issued weapons in the field, officers shall have completed an approved training and assessment program.
B. The department shall schedule regular training and assessment programs for sworn police officers, Parking and Code Enforcement Officers (PACE) and Jail Service Officers.
1. Police Officers: Firearms, Taser, PCA, Defensive Tactics
2. PACE Officers: PCA, Defensive Tactics
3. Jail Service Officers: Taser, PCA, Defensive Tactics
C. Police personnel shall attend the required Use of Force training and assessment sessions to which they are assigned, unless excused by the Chief of Police or his/her designee. Unexcused absences will be processed according to disciplinary action. Absences will be tracked by the Use of Force Staff and may require a make- up training day with an Instructor.
D. Sworn police personnel are required to pass the annual Use of Force assessment/qualification in order to maintain their status as a sworn police officer.
E. Circumstances involving officers who cannot pass the annual Use of Force assessment because of temporary medical reasons will be considered on a case-by- case basis. The department may invoke restrictions and requirements by each situation.
F. Failure to pass the Use of Force Qualification Assessments will involve the following:
1. During annual firearms qualification and assessment, sworn officers will be given three opportunities on a specified date to qualify with their duty firearms. Failures will be documented by the Use of Force Instructor conducting qualification assessments.
2. If unsuccessful, the Use of Force staff will schedule the officer with a Use of Force Instructor for a minimum of two hours of instruction that shall cover the deficient areas. They will then be given three opportunities to qualify. If they are unsuccessful, the Use of Force Supervisor will be notified, and an email will be sent to notify Police Administration.
3. If unsuccessful, the Instructor will notify the Use of Force Supervisor. The Staff will make timely arrangements to have the officer assigned with a Use of Force Instructor for an eight-hour remedial training day. Training in deficient areas will 11
Page 86 of 154 be provided and the officer will be given two opportunities to qualify.
4. If once again unsuccessful at qualifying with their duty firearms, the Use of Force Instructors who assessed the officer will meet with the Use of Force Supervisor, and complete a memorandum summarizing recent firearms training and noted deficiencies. The Use of Force Supervisor will then meet with Police Administration to determine a course of action as directed by the Chief of Police.
12.20 CONDUCT OF OFFICERS DURING TRAINING AND ASSESSMENT
A. Personnel assigned to range training and assessment sessions shall comply with all range commands. Loud and unruly conduct will not be tolerated.
B. Unsafe handling of firearms while at training and assessment sessions or careless/reckless discharge of a firearm will not be tolerated. Any sworn officer observed violating this order is grounds for removal from the range by the Use of Force Supervisor or his designee.
C. The Use of Force Instructors who witness the violation shall notify the Use of Force Supervisor and prepare written report(s) outlining the prohibited conduct. This report will be forwarded to the Use of Force Supervisor before the end of the sworn officer’s training day.
D. The Use of Force Supervisor shall notify the Chief of Police in writing, when an officer is removed from the range.
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Page 87 of 154 EAST LANSING POLICE DEPARTMENT POLICY AND PROCEDURE APPENDIX A East Lansing Police Department
Use of Force Weapons
A. Department issued Handgun - (Sig Sauer P320). 1. Deadly Force Weapon.
B. Officer Purchase Program Handgun (Sig Sauer variants). 1. Deadly Force Weapon.
C. Department issued / or Purchased Shotgun. (12 gauge). 2. Deadly Force Weapon.
D. Department issued and/or Officer Purchase Program Patrol Rifle - (AR-15 Platform). 1. Deadly Force Weapon.
E. Department issued Personal Chemical Agent (PCA) - (Def-Tech). 1. Intermediate Weapon. 2. All sworn personnel, Parking and Code Enforcement Officers and Jail Service Officers shall be issued PCA. When in uniform, all shall carry the issued PCA on the duty belt in an approved holder.
F. Department issued Conducted Energy Weapon - (Taser). 1. Intermediate Weapon. 2. All sworn personnel and Jail Service Officers shall be issued a Taser. When in uniform, all shall carry the issued Taser on the duty belt in an approved holster.
G. Department issued Specialized Weapons. 1. The East Lansing Police Department does own and utilize a variety of specialized weapons. 2. Deadly Force Weapon and/or Less Lethal Weapon (based on application). 3. Only personnel who have successfully completed a departmentally approved training and assessment course in the proper use and deployment of specialized weapons will be authorized to use them.
H. Edged Weapons – (Individual choice to purchase and carry). 1. Multiple applications in the field. 2. Can be used as a Deadly Force Weapon.
I. Other - Any item used in Self Defense or the Defense of Another in response to a Deadly Force Assault.
Department issued Use of Force weapons shall only be used in accordance with department approved training methods. 13
Page 88 of 154 EAST LANSING POLICE DEPARTMENT
Study Committee for an Independent Police Review Board Use of Force Presentation November 23, 2020 Page 89 of 154 OBJECTIVES
• Policy • Training • MCOLES Use of Force Continuum • Use of Force Review Procedures • First-Line Supervision • Police Administration • Weekly Reports • Data • Capture • Categories • Frequency Page 90 of 154 • Response to Resistance Policy 12-20 • Definitions • Case Law • Non-Deadly/Deadly Force POLICY • Documentation • Medical Treatment • Responsibilities • Weapons • Training and Assessment Page 91 of 154 • 4th Amendment • An arrest is a seizure, therefore this amendment applies. An officer must establish probable cause to make an arrest. • Tennessee v. Garner APPLICABLE • Officers may use deadly force against a violent offender when they pose a serious bodily threat or CASE LAW deadly threat to officers or others. • Abolished the use of deadly force non-violent felony offenders. • “An Officer’s use of deadly force is limited to those situations where the officer has probable cause to believe that a felon poses a threat of serious physical harm”. Page 92 of 154 • Graham v. O’Connor • The foundational case for use of force by police. • A use of force must be “objectively reasonable”. • The court stated the reasonable test is “not capable APPLICABLE of a precise definition or mechanical application”. CASE LAW • The following must be considered prior to the application of force • Severity of the crime • Whether the suspect poses an immediate threat to officers or the public • Whether the suspect is actively resisting arrest or attempting to evade arrest. Page 93 of 154 DEADLY FORCE
• Authorized when: • An honest and reasonable belief that the use of deadly force is necessary to prevent imminent death or great bodily harm to self or another. • Before using a firearm an officer should attempt to identify themselves and if feasible state their intention to shoot. • Restrictions • Warning shots are prohibited • The refusal of a driver to stop a vehicle is not considered justification for discharging a firearm. Page 94 of 154 NON-DEADLY FORCE
• Self defense or defense of another. • Prevent a person from injuring themselves. • To affect an arrest of a person passively or actively resisting. • To control move, direct, or arrests persons creating a public disturbance. • To take a person into protective custody. The officer may use the same force as that of a misdemeanor arrest. Page 95 of 154 • Injury caused by firearm • Injury is beyond what is expected (Supervisory MEDICAL Oversight / Officer Reporting) TREATMENT • Requested • Taser • Less-Lethal Device Page 96 of 154 USE OF FORCE REVIEW
IMMEDIATE REPORT TO FIRST LINE SUPERVISOR ADMINISTRATIVE REVIEW. WEEKLY COUNCIL SUPERVISOR / WRITTEN REPORT TO POLICE REPORTING. REPORT COMPLETION. ADMINISTRATION BY END OF SHIFT. Page 97 of 154 DUTY TO INTERVENE
“In the event that an employee of this department observes an excessive use of force by another employee, it shall be their immediate responsibility to immediately intervene to de-escalate and control the amount of force used. The employee shall immediately report any use of excessive force to a supervisor.” Page 98 of 154 TRAINING
• Use of Force Training Staff • Lieutenant, two Sergeants, four Officers • 4-6 Training sessions annually (8-12 Hours) • Firearms usage • Intermediate Control Devices • PPCT • Scenario based sessions dove tailing with de-escalation techniques. • Policy and Legal matters. • Annual qualification requirement. Page 99 of 154 TRAINING MCOLES CONTINUUM Page 100 of 154 TRAINING MCOLES CONTINUUM Page 101 of 154 • RMS extracts this data from police reports. • Reports required on all use of force incidents.
DATA • Categories captured: CAPTURE • Handgun Use & Display • Rifle Use & Display • Taser Use & Display • PCA Use & Display • Non-Arrest Handcuffing • Physical Controls Page 102 of 154 DATA
Handgun Use / Display 35 30 25 20 15 10 5 0 2017 2018 2019 Handgun Use 5 6 14 Handgun Display 26 29 22 Handgun Use Handgun Display Page 103 of 154 DATA
Rifle Use / Display 25
20
15
10
5
0 2017 2018 2019 Rifle Use 4 1 3 Rifle Display 12 20 11 Rifle Use Rifle Display Page 104 of 154 DATA
Taser Use / Display 16 14 12 10 8 6 4 2 0 2017 2018 2019 Taser Use 3 6 7 Taser Display 11 14 9 Taser Use Taser Display Page 105 of 154 DATA
PCA Use / Display 1.2
1
0.8
0.6
0.4
0.2
0 2017 2018 2019 PCA Use 1 1 0 PCA Display 0 0 0 PCA Use PCA Display Page 106 of 154 DATA
Non-Arrest Handcuffing 50 45 40 35 30 25 20 15 10 5 0 2017 2018 2019 Non-Arrest Handcuffing 32 31 46 Non-Arrest Handcuffing Page 107 of 154 DATA
Physical Controls 40 35 30 25 20 15 10 5 0 2017 2018 2019 Physical Controls 37 30 29 Physical Controls Page 108 of 154 QUESTIONS Page 109 of 154 From: EWilliams To: Diane Shafer; Willnielsen Subject: Re: Study Committee Group Reports Date: Thursday, November 19, 2020 3:49:17 PM
Greetings:
Our committee (#1) is at work -- gathering information on a group of cities with civilian oversight programs and a group of cities with consent decrees.
Erick Williams
On 2020-11-19 10:41, Diane Shafer wrote: > Study Committee Sub-Committee Groups 1 & 2: > > Chair Grigsby has asked me to reach out to you to send a brief report > or memo on what the groups have been doing since the last meeting. > He'd like that by today at 5:00 PM so we can attach it to the > 11/23/20 > agenda for discussion. Please send to the Chair and to me. > > Here are the workgroups established at our 11/9/20 meeting: > > Group 1 with Heraux, E Williams, Reed-Davis and Josephson will gather > information on oversight commissions in non-comparable cities > > Group 2 with Garcia Jr., Callwood and Root will explore ideas for how > to structure the Study Committee's report to Council > > Thank you, > > Diane Shafer > > Administrative Assistant > > Police Administration > > 517-319-6902
Page 110 of 154 Allegations of Police Misconduct Leading to Remedial Action from the Department of Justice
In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (42 U.S.C. § 14141), which, under Title XXI (State and Local Law Enforcement), Subtitle D (Police Pattern or Practice) “prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights [and] authorizes the Attorney General to bring a civil action against such officers to eliminate such practices.” Such “pattern-or-practice” cases are investigated, litigated and resolved by the Special Litigation Section of the Civil Rights Division of the United States Department of Justice. These allegations are of systemic law enforcement misconduct, rather than being based on a single incident, and focus on the responsibilities of law enforcement agencies and local governments, rather than on individual officers. If a pattern or practice of misconduct is discovered, the DOJ issues a public finding letter describing its conclusions. This results in a negotiated reform agreement, which may take the form of one or more of the following: (1) a technical assistance letter; (2) a settlement agreement; or (3) a consent decree, overseen by a federal court and an independent federal monitor.
Between the passage of the Act in 1994 and through the end of the Obama Administration, the DOJ had opened 69 formal investigations, resulting in 40 reform agreements. Some examples:
1. Inglewood, California (2009) – after finding numerous instances of officer misconduct, the DOJ recommended that the Inglewood Police Department: a. Revise its use of force policies b. Increase transparency in the citizen complaint process c. Eliminate the use of an informal resolution process for citizen complaints, requiring a formal investigation for all allegations d. Implement an early warning system in the form of proactive investigations of misconduct (via integrity tests and record reviews) e. Increase communication with and make itself more accessible to the Citizen Police Oversight Commission (CPOC) f. Work with the CPOC to ensure that the latter has “requisite authority, review powers, and access rights”
2. East Haven, Connecticut (2011-2012) – after finding that the East Haven, CT Police Department engaged in discriminatory policing against Latino citizens, to include excessive force, and that department leadership actively stifled attempts at accountability, the DOJ recommended that the agency:
Page 111 of 154 a. Revise all of its policies regarding use of force and non-discriminatory policing b. Provide updated training to all officers on procedural justice c. Improve data collection and documentation of all stops and other police practices d. Implement a risk-management system as a supervisory tool e. Work more closely with the Board of Police Commissioners (annually appointed by the mayor) to set policy and rules of conduct; the Board had authority to appoint and remove EHPD officers and employees
3. Ferguson, Missouri (2015-2016) – after finding a litany of egregious violations too numerous to discuss here, the DOJ recommended that the Ferguson Police Department: a. Revise its policies on use of force, and all reporting of the latter b. In an effort to repair the relationship with the community, “develop and implement a system that incorporates civilian input into all aspects of policing, including policy development, training, use-of-force review, and investigation of misconduct complaints”
4. Warren, Ohio (2006-2012) – after finding a pattern of excessive force, the DOJ recommended that the Warren Police Department: a. Revise its policies on use of force, and all reporting of the latter b. Increase transparency in the citizen complaint process c. Implement a risk-management system as a supervisory tool
The DOJ has also entered into high-profile consent decrees with the Maricopa County (AZ) Sheriff’s Office, the Miami (FL) Police Department, the Chicago (IL) Police Department, the Baltimore (MD) Police Department, the Detroit (MI) Police Department, the Newark (NJ) Police Department, the Cleveland (OH) Police Department, the Portland (OR) Police Bureau, and the Seattle (WA) Police Department.
In most instances, the DOJ has found a “pattern-or-practice” violation in a jurisdiction with an existing civilian oversight body. However, the technical assistance letters and settlement agreements have made clear that these bodies, when given too little authority and access, have been rendered relatively useless. In numerous situations, the DOJ has strongly recommended that law enforcement agencies partner more closely with these civilian oversight bodies to allow the latter: a. Access to disciplinary records and early warning (or risk-management) systems b. Authority to review existing policies and propose new policies c. Access to police practice data for subsequent analysis
Page 112 of 154 Profiles of Civilian Review Boards in
Albany, NY p 2
Albuquerque, NM p 6
Berkeley, CA p 13
Eugene, OR p 19
Erick Williams, 22 Nov 2020 draft
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Page 113 of 154
Albany, NY
Albany had a population: 97,856 in 2010. It is run by a mayor and common council.
The Albany police department has about 60 officers and 32 civilian staff. https://www.cityofalbany.net/police
There are three components to the review system in Albany. (1) Citizens Review Board, (2) Albany Law School, and (3) monitors.
The Citizen’s Police Review Board has nine-member. The mayor appoints some members the city council appoints some members. No particular qualifications required. The Citizen’s Police Review Board is staffed by the Albany Law School. https://www.albanycprb.org/
Monitors are selected to monitor police department investigations. Albany City Code, 42-343, https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
Link to legislation https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
Member Training
The Government Law Center of Albany Law School trains members of the Citizen’s Police Review Board. Training includes going through the police department’s “citizen’s police academy”. Training includes internal affairs investigations, confidentiality, liability statutes, police procedures, ride- alongs; defensive tactics training; firearms, and driving. One member of 2
Page 114 of 154 the board must participate in National Association of Civilian Oversight of Law Enforcement (NACOLE). Albany City Code, Section 42-339, https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
Areas of activity
The Citizen’s Police Review Board receives complaints against police officers. The board forwards the complaints to the police department. Albany City Code, 2.342, https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
The board handles mediation between police officers and citizens. Section Albany City Code, 2.343 (F) (4), https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
The board makes recommendations to the Common Council and the Mayor regarding police policies and practices. Albany City Code, Section 42-340 (A), https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
Subpoena Power
The board has the same power as the mayor to compel testimony from employees. Albany City Code, Section 42-343 (G), https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
Confidential Information
Board members must keep confidential information confidential. Board members must not say negative things about police officers or complainants. Albany City Code, Section 42-341, 3
Page 115 of 154 https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
Complaint Process
The Citizen’s Police Review Board receives complaints against police officers. The board forwards the complaints to the police department. Albany City Code, 2.342, https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
The police department investigates the complaints. Albany City Code, Section 2.343 (A) , https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
For complaints alleging excessive force or a violation of civil rights, the police department appoints a monitor. The police department selects a monitor from a panel of experts selected by the Albany Law School. The monitor looks for deficiencies in the investigation. Albany City Code, 42- 343 (B), https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
343 When the police department finishes its investigation, it sends a report to the Citizen’s Police Review Board. The board decides whether more information is needed. Albany City Code, 42-343 (F), https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
The board recommends decisions to the police chief. The police chief has the final decision. If the board is dissatisfied with the quality of the investigation, it can hire its own investigator from the panel selected by the Albany Law School. Albany City Code, 42-343 (H), https://secureservercdn.net/198.71.233.109/3g2.f1a.myftpupload.com/wp- content/uploads/by-laws-and-rules/Albany-CPRB-Legislation.pdf
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Page 116 of 154 Evaluations
Evaluation by Albany Law School, 2010. https://d3n8a8pro7vhmx.cloudfront.net/nacole/pages/99/attachments/origin al/1458055985/4-Albany-Finn-Institute-Report.pdf?1458055985
The Center for Law and Justice, a local advocacy group, issued a press release on July 11, 2020 critical of the board: http://www.cflj.org/cflj/CFLJ-Press-statement-7.11.2020.pdf
The Center for Law and Justice published an op-ed in 2020 critical of the board: http://www.cflj.org/cflj/The-Albany-Community-Police-Review-Board-Two- Decades-of-Official-Neglect.pdf
[The Center for Law and Justice noted, among other things, that the board agreed with police department investigations 97% of the time.]
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Albuquerque, NM
Albuquerque, New Mexico had an estimated population of abouit 560,000 in 2019. https://www.census.gov/quickfacts/albuquerquecitynewmexico
Albuquerque has a mayor-and-council form of government.
The Albuquerque police department had 853 officers in 2018. http://www.cabq.gov/police/documents/20190111_apd_recruiting- _update.pdf
The oversight agency, the Albuquerque Civilian Police Oversight Agency, has nine members appointed by the city council. https://www.cabq.gov/cpoa
Link to legislation
Albuquerque’s ordinance was revised in 2019. See Albuquerque City Code, sec 9-4-1-1 et seq. (2019), https://www.cabq.gov/cpoa/documents/civilian-police-oversight-ordinance- march-2-2020.pdf
Member Training
Members of the Civilian Police Oversight Agency receive the following training. Update on the board’s own policies and procedures. Training on the federal consent decree. Civil rights. Police department use of force policies and training. They go through the police departments’ “civilian academy.” They go on ride-alongs. They shoot guns. The go to NACOLE conferences. They learn about police department internal affairs operations. Albuquerque City Code, sec 9-4-1-5 (F),
6
Page 118 of 154 https://www.cabq.gov/cpoa/documents/civilian-police-oversight-ordinance- march-2-2020.pdf
Areas of activity
Commission does long-term planning, identifies major problems, establishes a program of policy suggestions and studies each year.
Makes policy recommendations Monitors and audits all APD Internal Affairs Investigations Makes findings on all Officer Involved Shootings Has no authority to impose discipline to officers
Investigative Power
Investigates citizen complaints using civilian investigators Can compel production of police agency records. Can compel production of records from other city/county/government agencies. Can compel statements from officers. Can subpoena documents, evidence & witnesses.
Albuquerque Ordinance Code, Sec 9-4-1-4 (c) (3) (b):
APD shall provide Board members, the Director, and CPOA staff with reasonable access to APD premises, files, documents, reports and other materials that are reasonably necessary for the agency to perform thorough, independent investigations of civilian complaints and reviews of serious uses of force and officer-involved shootings. ... https://www.cabq.gov/cpoa/documents/civilian-police-oversight- ordinance-march-2-2020.pdf
Legal Counsel
The board can hire its own lawyers to give advice and to represent the board in court. The board’s lawyer can handle any matter under the 7
Page 119 of 154 board’s jurisdiction (except its own personnel matters). Albuquerque City Code, Sec 9-4-1-4 (a) (3), https://www.cabq.gov/cpoa/documents/civilian- police-oversight-ordinance-march-2-2020.pdf
Confidential Information
The board keeps confidential information confidential. Albuquerque Ordinance Code, Sec 9-4-1-4 (c) (3) (b) and (d), https://www.cabq.gov/cpoa/documents/civilian-police-oversight-ordinance- march-2-2020.pdf
Complaint Activity
The Albuquerque Civilian Police Oversight Agency works on civilian- initiated complaints. The Civilian Police Oversight Agency investigator does an investigation. The Civilian Police Oversight Agency recommends the discipline to be imposed, and the Chief of Police makes the final decision.
Mediation
The board tries mediation whenever appropriate. Albuquerque City Code, Sec 9-4-1-4 (c) (3) (e), https://www.cabq.gov/cpoa/documents/civilian- police-oversight-ordinance-march-2-2020.pdf
Policy recommendations
The board identifies problems and trends in law enforcement. The board recommends new policies and studies and innovative practices. Albuquerque Ordinance Code, Sec 9-4-1-4 (c) (5), https://www.cabq.gov/cpoa/documents/civilian-police-oversight-ordinance- march-2-2020.pdf
Funding 8
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The board recommends its own budget to the city and administers its own budget. Albuquerque City Code, Sec 9-4-1-4 (a) (3), https://www.cabq.gov/cpoa/documents/civilian-police-oversight-ordinance- march-2-2020.pdf
Early intervention system
Settlement Agreement, section IX (D), pp 68-71:
Early Intervention System
212. Within nine months of the Effective Date, APD shall revise and update its Early Intervention System to enhance its effectiveness as a management tool that promotes supervisory awareness and proactive identification of both potentially problematic as well as commendable behavior among officers. APD supervisors shall be trained to proficiency in the interpretation of Early Intervention System data and the range of non-punitive corrective action to modify behavior and improve performance; manage risk and liability; and address underlying stressors to promote officer well-being.
213. APD shall review and adjust, where appropriate, the threshold levels for each Early Identification System indicator to allow for peer- group comparisons between officers with similar assignments and duties.
214. APD shall implement rolling thresholds so that an officer who has received an intervention of use of force should not be permitted to engage in additional uses of force before again triggering a review.
215. The Early Intervention System shall be a component of an integrated employee management system and shall include a computerized relational database, which shall be used to collect, maintain, integrate, and retrieve data department-wide and for each officer regarding, at a minimum:
a) uses of force; 9
Page 121 of 154 b) injuries and deaths to persons in custody; c) failures to record incidents with on-body recording systems that are required to be recorded under APD policy, whether or not corrective action was taken, and cited violations of the APD’s on-body recording policy; d) all civilian or administrative complaints and their dispositions; e) all judicial proceedings where an officer is the subject of a protective or restraining order; f) all vehicle pursuits and traffic collisions involving APD equipment; g) all instances in which APD is informed by a prosecuting authority that a declination to prosecute any crime occurred, in whole or in part, because the officer failed to activate his or her on-body recording system; h) all disciplinary action taken against employees; i) all non-punitive corrective action required of employees; j) all awards and commendations received by employees, including those received from civilians, as well as special acts performed by employees; k) demographic category for each civilian involved in a use of force or search and seizure incident sufficient to assess bias; l) all criminal proceedings initiated against an officer, as well as all civil or administrative claims filed with, and all civil lawsuits served upon, the City and/or its officers or agents, allegedly resulting from APD operations or the actions of APD personnel; and m) all offense reports in which an officer is a suspect or offender.
10
Page 122 of 154 216. APD shall develop and implement a protocol for using the updated Early Intervention System and information obtained from it. The protocol for using the Early Intervention System shall address data storage, data retrieval, reporting, data analysis, pattern identification, supervisory use, supervisory/departmental intervention, documentation and audits, access to the system, and confidentiality of personally identifiable information. The protocol shall also require unit supervisors to periodically review Early Intervention System data for officers under their command.
217. APD shall maintain all personally identifying information about an officer included in the Early Intervention System for at least five years following the officer’s separation from the agency except where prohibited by law. Information necessary for aggregate statistical analysis will be maintained indefinitely in the Early Intervention System. On an ongoing basis, APD will enter information into the Early Intervention System in a timely, accurate, and complete manner and shall maintain the data in a secure and confidential manner.
218. APD shall provide in-service training to all employees, including officers, supervisors, and commanders, regarding the updated Early Intervention System protocols within six months of the system improvements specified in Paragraphs 212-215 to ensure proper understanding and use of the system. APD supervisors shall be trained to use the Early Intervention System as designed and to help improve the performance of officers under their command. Commanders and supervisors shall be trained in evaluating and making appropriate comparisons in order to identify any significant individual or group patterns of behavior.
219. Following the initial implementation of the updated Early Intervention System, and as experience and the availability of new technology may warrant, the City may add, subtract, or modify thresholds, data tables and fields; modify the list of documents scanned or electronically attached; and add, subtract, or modify standardized reports and queries as appropriate. The Parties shall jointly review all proposals that limit the functions of the Early Intervention System that are required by this Agreement before such proposals are implemented to ensure they continue to comply with 11
Page 123 of 154 the intent of this Agreement. https://www.justice.gov/sites/default/files/crt/legacy/2014/12/19/apd_s ettlement_11-14-14.pdf
Controls on armed officer dispatch
The federal consent decree, section VI, “Crisis Intervention”, creates a mental health advisory committee. Police department gives behavioral health training to police officers. Trained officers are dispatched to mental health crisis situations. Settlement Agreement, Section VI, pp 42-48, https://www.justice.gov/sites/default/files/crt/legacy/2014/12/19/apd_settlem ent_11-14-14.pdf
Evaluations
Review of Use Of Force In The Albuquerque Police Department, (Police Executive Research Forum, June 23, 2011), https://www.cabq.gov/cpoa/documents/PERF%20Report.pdf/view
City of Albuquerque, New Mexico, Evaluation of the Police Oversight Ordinance and the Police Oversight System (MGT of America, November 2011), https://www.cabq.gov/cpoa/documents/MGT%20Report.pdf/view
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Berkeley, CA
Berkeley, CA had a population of about 112,000 in 2010. It has a city manager form of government. The police department has about 180 officers, 270 employees total.
Berkeley has a Police Review Commission, https://www.cityofberkeley.info/DepartmentHome.aspx?id=10184
They have three employees. They investigate and adjudicate complaints. They review and make recommendations on police department policies (it’s not clear if the commission makes recommendations on discipline). They hold public forums.
Links to legislation
Berkeley ordinance 4644 (1973): https://www.cityofberkeley.info/Police_Review_Commission/Hom e/Ordinance_4644.aspx
Berkeley ordinance 5503 (1975): https://www.cityofberkeley.info/Police_Review_Commission/Hom e/Ordinance_5503.aspx
Police review commission standing rules (2020) https://www.cityofberkeley.info/uploadedFiles/Police_Review_Co mmission/Commissions/2020/PRCStandingRules%2001-22- 2020.pdf
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Page 125 of 154 “Regulations for Handling Complaints Against Members of the Police Department”, (Police review commission, 2018) https://www.cityofberkeley.info/uploadedFiles/Police_Review_Co mmission/Commissions/2018/PRC%20Regulations%204.4.2018. pdf
Membership
Nine members. Each member of the city council appoints one member.
Areas of activity
Berkeley ordinance 4644, Section 10, gives the commission these powers:
a) to advise and make recommendations to the public, the City Council, and the City Manager;
b) to review and make recommendations concerning all written and unwritten policies, practices, and procedures of whatever kind and without limitations, in relation to the Berkeley Police Department, other law enforcement agencies and intelligence and military agencies operating within the City of Berkeley, and law enforcement generally, such review and recommendation to extend to, but not be limited to, the following:
(i) treatment of rape victims;
(ii) police relationship with minority communities
14
Page 126 of 154 (iii) use of weapons and equipment;
(iv) hiring and training;
(v) priorities for policing and patrolling
(vi) budget development;
(vii) other concerns as specified from time to time by the City Council ...
(d) to receive complaints directed against the Police Department and any of its officers and employees, and fully and completely investigate said complaints and make such recom•mendations and give such advice ... relating to departmental policies and procedures to the City Council and the City Manager in connection therewith as the Commission in its discretion deems advisable ... https://www.cityofberkeley.info/Police_Review_Commission/ Home/Ordinance_4644.aspx
Subpoena Power
Berkeley ordinance 4644, Section 10 (e) gives the commission subpoena power, “consistent with provisions of the Berkeley City Charter and to the extent permissible by law.” https://www.cityofberkeley.info/Police_Review_Commission/Hom e/Ordinance_4644.aspx
Complaint Activity
15
Page 127 of 154 The commission can entertain complaints against police officers, but the commission cannot make recommendations relating to discipline of police officers. A lawsuit in 1976 took that power away. The commission finds complaints, sustained, not sustained or exonerated.
Berkeley ordinance 4644, Section 10 (d) gives the commission power to:
... receive complaints directed against the Police Department and any of its officers and employees, and fully and completely investigate said complaints and make such recommendations and give such advice ... relating to departmental policies and procedures to the City Council and the City Manager in connection therewith as the Commission in its discretion deems advisable; provided as follows:
i) that investigation of all complaints filed with the Commission shall begin immediately after complaints are filed and proceed as expeditiously as possible;
ii) that all such complaints filed with other offices, boards, bureaus, and departments of the City, including the Police Department, shall be referred to the Commission for investigation ... https://www.cityofberkeley.info/Police_Review_Commission/ Home/Ordinance_4644.aspx
Petition
Berkeley ordinance 4644, Section 8 says that fifty citizens can sign a petition and require the commission to hold a special 16
Page 128 of 154 hearing for the purpose of inquiring into the concern of the petitioners. https://www.cityofberkeley.info/Police_Review_Commission/Hom e/Ordinance_4644.aspx
Confidential Information
The Regulations for Handling Complaints Against Members of the Police Department, section IV, reads:
IV. Confidentiality of Personnel Matters
A. Responsibilities of PRC Commissioners In their capacity as PRC Commissioners, each Commissioner will have access to confidential data or information related to Berkeley Police Department personnel. Confidential information may be provided through witness testimony or through electronic or hard-copy transmission. Regardless of how the confidential information is communicated, no Commissioner shall disclose it to any unauthorized person or organization.
B. Conduct 1.
It is the responsibility of each PRC Commissioner to protect confidential information from unauthorized disclosure.
2. At any proceeding in which confidential information was distributed to the Commissioners, each Commissioner shall return all confidential material to the PRC staff at the close of the proceeding or as soon thereafter as practicable. “Regulations for Handling Complaints Against Members of the Police Department”, (Police Review Commission, 2018), p 7, https://www.cityofberkeley.info/uploadedFiles/Police_Review_Commi ssion/Commissions/2018/PRC%20Regulations%204.4.2018.pdf
Evaluations 17
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Kim Shayo Buchanan, Enrique Pouget, and Phillip Atiba Goff, “The Science of Justice: Berkeley Police Department National Justice Database City Report”, (John Jay College of Criminal Justice, Center for Policing Equity, May 2018), https://www.cityofberkeley.info/uploadedFiles/Police_Review_Commission/ Commissions/2018/Berkeley%20Report%20-%20May%202018.pdf
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Eugene, OR
Eugene Oregon had a population of about 156,000 in 2010. It has a city manager form of government. The police department has about 200 officers and 121 professional staff.
Eugene has three bodies (1) a civilian review board, (2) a police auditor, and (3) a police commission.
Legislation
Eugene City Code, chapter 2: https://eugene.municipal.codes/EC
Section 2.013 City Council - Boards, Commissions and Committees.
Section 2.240 Civilian Review Board Section 2.242 Civilian Review Board – Qualifications Section 2.244 Civilian Review Board –Duties Section 2.246 Civilian Review Board –Procedures
Section 2.450 Police Auditor Section 2.454 Police Auditor –Duties Section 2.456 Police Auditor – Complaints
Section 2.368 Police Commission
Membership
The civilian review board has 5 or 7 members, appointed by the city council. The board is advisory to the city council.
19
Page 131 of 154 Board members participate in a training program designed by the police auditor.
Eugene City Code, Section 2.246, “Civilian Review Bd – Officers, Meetings, and Procedures”, https://eugene.municipal.codes/EC,
Police Auditor
The auditor takes complaints involving police employees. The auditor monitors the police department’s internal investigations. The auditor is a full-time professional police auditor who is hired by the city council. The auditor hires a support staff. There is a prohibition on exerting undue influence on the auditor (although no penalty or enforcement mechanism is specified). The auditor has complete, unrestricted and direct access to the police internal affairs office. Eugene City Code, Section 2.450, https://eugene.municipal.codes/EC/2.450
The auditor is not directly involved in criminal investigations. Eugene City Code, Section 2.456 (2) (f), https://eugene.municipal.codes/EC/2.456
Eugene City Code, Section 2.454, https://eugene.municipal.codes/EC/2.454
The auditor establishes policies, procedures for the civilian review board. The auditor receives complaints against police employees and monitors the police department’s investigations. The auditor can select investigations for review. The auditor analyzes trends in the complaints and lawsuits against the police department. The auditor recommends changes in police department policy, practice and training. The auditor reviews lawsuits against the police department. The auditor can issue reports but cannot disclose the names of parties to a complaint (employees, complainants and/or witnesses) not previously disclosed.
(j) Determine whether applicants for the civilian review board meet the requisite qualifications in section 2.242(1)(a)1. and 2.242(1)(d).
(2) The police auditor shall receive timely notification of critical incidents to enable him/her, or a qualified designee, to report to the scene of critical 20
Page 132 of 154 incidents. The police auditor and chief of police shall develop necessary protocols for summoning the police auditor to the incident for purposes of first-hand observation.
(3) The police auditor shall participate in use of force review boards.
(4) All case adjudication and employee discipline decisions shall be made by the chief of police. The police auditor may develop adjudication recommendations, but is not authorized to recommend the level of discipline for police employees.
(5) For purposes of this subsection, an “allegation” is a report or claim that the chief of police has committed a crime, violated any provision of sections 2.240 to 2.246 or 2.450 to 2.456, violated a person’s civil rights, or failed to perform non-administrative duties in accordance with professional law enforcement standards applicable to Eugene’s sworn officers.
(a) If the auditor receives an allegation against the chief of police, the auditor shall forward a copy of the allegation to the city manager. The city manager shall notify the council, and investigate the allegation. The manager shall keep the auditor informed of the progress of the investigation.
(b) Upon completion of the investigation, but prior to the finalization of the investigation report, the city manager shall provide the auditor with a draft of the report. The auditor shall review the draft report and provide comments about the draft to the manager within seven days of receiving the draft. The manager shall consider any comments received from the auditor and finalize the report within seven days. Once the city manager issues a decision on the allegation, the manager shall inform the council of the manager’s decision related to the allegation. Eugene City Code, Section 2.454, https://eugene.municipal.codes/EC/2.454
Subpoena Power
The civilian review board cannot issue subpoenas or call witnesses. Eugene City Code, Section 2.246 (10), https://eugene.municipal.codes/EC/2.246 21
Page 133 of 154
Confidential Information
When the board reviews a police department investigation, it has access to all the materials concerning the investigation. Their review is “confidential.” Eugene City Code, Section 2.244 (2) (b), https://eugene.municipal.codes/EC/2.244
The auditor can issue reports but its reports cannot disclose the names of parties, employees, complainants or witnesses not previously disclosed. Eugene City Code, Section 2.454, https://eugene.municipal.codes/EC/2.454
The auditor has access to all police information, except (1) specifically restricted and (2) ongoing criminal investigation material. If information is confidential, the auditor must not disclose it. Eugene City Code, Section 2.456, https://eugene.municipal.codes/EC/2.456
Ban on Adjudicating Complaints Against Employees
The civilian review board cannot investigate complaints or incidents involving police employees. Reverse employee discipline decisions. Eugene City Code, Section 2.246 (10), https://eugene.municipal.codes/EC/2.246
Auditor’s Role in Complaints
Any person can lodge a complaint against a police officer. All complaints go to the auditor’s office. If the police department gets a complaint, they can try to resolve it immediately, as long as they report the complaint to the auditor the next day. The auditor classifies and routes complaints to the appropriate places. If a complaint alleges criminal conduct by a police officer, it goes to the police chief. Criminal investigations take priority over administrative investigations. The auditor can try to mediate a complaint. The auditor sends “community impact” complaints to the civilian review board. The auditor can dismiss a complaint. The auditor monitors internal 22
Page 134 of 154 investigations by the police department. The auditor participates in interviews. The auditor can require the city to undertake additional investigation. The auditor can contract with external investigators. After the police investigation, the police department gives it files to the auditor. The auditor decides if the investigation was thorough and complete. The police chief makes the final discipline decision. Eugene City Code, Section 2.456, https://eugene.municipal.codes/EC/2.456
Civilian Review Board’s Role in Complaints
The civilian review board reviews police department investigations after the investigation is complete. The board reviews selected investigations. The board can comment on the handling of the complaint, the fairness and thoroughness of the investigation, and the reasonableness of the adjudication. The board can identify policy or procedural issues. The police auditor may “consider” the board’s comments. The board and the auditor can require the police department to reopen an investigation.
The reviews trends and statistics of complaints against police employees and may develop recommendations to improve the complaint intake and handling process. The board evaluates the work of the auditor’s office and comments on, and assist in maintaining policies, procedures and operating principles for the auditor’s office. The board evaluates the complaint handling system. The board gathers community concerns about incident- specific police actions and transmits them to the auditor. Eugene City Code, Section 2.244, https://eugene.municipal.codes/EC/2.244
Role of the Municipal Court
(c) If the chief of police determines that all or a part of an administrative investigation should be postponed in order to avoid jeopardizing a criminal investigation or prosecution, the chief of police shall request the auditor’s agreement on postponement. If the auditor and chief of police are unable to agree on the postponement, then they shall present in writing their respective positions to the municipal court judge, who shall then decide whether all or part of an administrative investigation will be postponed.
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Page 135 of 154 Eugene City Code, Section 2.456 (2) (c), https://eugene.municipal.codes/EC/2.456
Funding
The auditor is guaranteed a budget sufficient to carry out their duties. The auditor is guaranteed a budget sufficient to contract for external investigations. Eugene City Code, Section 2.450, https://eugene.municipal.codes/EC/2.450
Mental Health Crisis Intervention (CAHOOTS)
Crisis Assistance Helping Out On The Streets (CAHOOTS) is a mobile crisis intervention program staffed by White Bird Clinic personnel using City of Eugene vehicles. CAHOOTS takes social service type calls for service. CAHOOTS personnel often provide initial contact and transport for people who are intoxicated, mentally ill, or disoriented, as well as transport for necessary non-emergency medical care. The City of Eugene funds CAHOOTS through the police department budget. The CAHOOTS budget in 2017-18 was $798,000
CAHOOTS is dispatched (triaged) on the police department’s service channel. Each CAHOOTS van is staffed with a medic and an experienced crisis worker.
In 2019 the police department handled 105,000 calls for service. CAHOOTS handled 18,000 calls for service. CAHOOTS diverts 5-8% of calls from Police. Some CAHOOTS calls are a joint response. In some calls, CAHOOTS is the primary responder. Eugene Police Department Website, accessed 22 Nov 2020, https://www.eugene- or.gov/4508/CAHOOTS
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Page 136 of 154 LOS ANGELES, CA
NACOLE: Los Angeles, CA: Board of Police Commissioners, Office of the Inspector General (Auditor, Investigative, Review)
Jurisdiction Type of oversight agency: Inspector General (Audit, Investigative, Review)
Oversight of: Los Angeles Police Department (municipal police agency)
Link to legislation
Enabling legislation and authority:
• “Los Angeles Charter and Administrative Code,” Volume I, Article V, Section 573 (http://www.amlegal.com/nxt/gateway.dll/California/laac/administrativecode?f= templates$fn=default.htm$3.0$vid=amlegal:losangeles_ca_mc, Attachment 1) • “Policies and Authority Relative to the Inspector General,” Los Angeles Police Commission (http://www.oiglapd.org/documents/policies&authority.pdf, Attachment 2)
Membership
Volunteer board or a commission:
The Inspector General reports directly to the Los Angeles Board of Police Commissioners (Commission), a body of five civilians who act as the head of the police department. This board is appointed for five-year terms by the Mayor of Los Angeles and confirmed by the City Council. The Commission sets policy for the LAPD and adjudicates serious use of force incidents.
Page 137 of 154 Mentioned/Referenced Above Attachments
• 1) Los Angeles City Charter (Volume I, Article V, Section 573) • 2) Policies and Authority Relative to the Inspector General • 3) Inspector General (Job Description) • 4) Assistant Inspector General (Job Description) • 5) Police Performance Auditor (Job Description) • 6) Special Investigator II (Job Description) • 7) Harvard-LAPD Study
Areas of activity
Mission statement: The mission of the Office of the Inspector General (OIG) is to provide strong, independent and effective oversight of the Los Angeles Police Department (LAPD) and to ensure that the LAPD, its officers, and employees act with honesty, integrity, dignity, and respect towards the public. In addition, the OIG conducts community outreach to educate the community about the OIG, the Police Commission, and the LAPD on a periodic basis, but especially in the wake of high-profile use of force incidents and other newsworthy developments of particular interest to the community. The OIG carries out its mission through three discrete sections: the Complaints and Audits Section, the Use of Force section, and the Special Investigations and Compliance Section.
-MEDIATION IS AVAILABLE
A pilot program for the mediation of biased policing and minor discourtesy complaints has been developed and is currently being implemented. The Department also maintains an Alternate Dispute Resolution process for minor complaints by the public.
Page 138 of 154 Investigative Power/More Details About Areas of Activity
Complaint Activity
Take some time to read these individually:
Quarterly or annual reports available at http://www.oig.lacity.org/
Police agency size
APPROX. 10,000 SWORN OFFICERS
Page 139 of 154 Population
APPROX. 4 MILLION
ADDITIONAL LINKS
Links:
• Consent Decree (2001): http://www.justice.gov/crt/about/spl/documents/laconsent.php • Transition Agreement (2009): http://www.justice.gov/crt/about/spl/documents/US_v_LosAngeles_TA- Order_071709.pdf • Monitoring Reports (2001-2009): http://www.lapdonline.org/special_assistant_for_constitutional_policing/conten t_basic_view/9010 • “Report of the Independent Commission on the Los Angeles Police Department” (Christopher Commission, 1991): http://www.parc.info/client_files/Special%20Reports/1%20- %20Chistopher%20Commision.pdf • “Report of the Rampart Independent Review Panel” (2000): http://www.oiglapd.org/rirprpt.pdf • “An Independent Analysis of the Los Angeles Police Department’s Board of Inquiry Report on the Rampart Scandal” (2001): http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2262&context=llr • “Rampart Reconsidered” (2006): http://www.lapdonline.org/assets/pdf/Rampart%20Reconsidered- Full%20Report.pdf
Page 140 of 154 SAN FRANCISCO, CA
NACOLE: San Francisco, CA: Office of Citizen Complaints (Commission, Investigative)
Jurisdiction
-MEDIATION IS INCLUDED
Page 141 of 154 Link to legislation
City & County of San Francisco Charter Section 4.127 (see Attachment 1) http://nacole.org/wp-content/uploads/1-San-Francisco-City-Charter-Section-4.127.pdf
Membership
Areas of activity
MISSION STATEMENT: The mission of the Office of Citizen complaints is to promptly, fairly and impartially investigate complaints against San Francisco police officers and make policy recommendations regarding police practices.
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Investigative Power
• Investigates complaints using civilian investigators • Receives complaints (has sole jurisdiction over civilian-initiated complaints).
Complaint Activity
PHOTOS BELOW FROM SOURCE: https://d3n8a8pro7vhmx.cloudfront.net/nacole/pages/112/attachments/original/1458 089088/15-San-Francisco-Controller’s-Office-Report-Office-of-Citizen-Complaints- –-Weak-Case-Management-and-Organizational-Issues-Degrade-OCC’s- Performance-.pdf?1458089088
Page 143 of 154
Page 144 of 154
Funding
Budget: $4,321,169 (FY 2011 – 2012)
Police agency size
2,178 SWORN OFFICERS
Population
-825, 000 (2012 ESTIMATE)
Evaluation
-San Francisco Controller’s Office Report: Office of Citizen Complaints – Weak Case Management and Organizational Issues Degrade OCC’s Performance, 1/24/07 (See Attachment 15) http://co.sfgov.org/webreports/details.aspx?id=563
Page 145 of 154
-San Francisco Controller’s Office: Results of Follow-Up of 2007 Audit of Office of Citizen Complaints, 5/29/12 (See Attachment 16) http://co.sfgov.org/webreports/details.aspx?id=1427
FOR OTHER INFORMATION THAT MAY BE MISSED, SEE THESE LINKS
Results of Surveys:
Surveys of complainants and police officers are in progress and will be available in early 2014.
Links:
• OCC Reports and Statistics: http://www.sfgov3.org/index.aspx?page=515 • OCC Policy Recommendations: http://www.sfgov3.org/index.aspx?page=420 • San Francisco Police Commission: http://sf-police.org/index.aspx?page=2572 • San Francisco Police Department General Orders (Policies and procedures and rules governing conduct): http://sf-police.org/index.aspx?page=1720 • San Francisco Police Commission Procedural Rules Governing Trial of Disciplinary Cases: http://www.sf- police.org/Modules/ShowDocument.aspx?documentid=26461
Page 146 of 154 ATLANTA, GA
IN RED: CHANGES ADOPTED 3/16/16 (https://acrbgov.org_ )
IN GREEN: NACOLE (Atlanta, GA: Citizen Review Board (Investigative, Review Board)
Jurisdiction -TO INVESTIGATE AND MEDIATE CITIZEN’S COMPLAINTS WITH REGARD TO THE MISCONDUCT MENTIONED IN SECTION 1, SECTIONS 2-2201 THROUGH 2-2213 OF THE ATLANTA CITIZEN REVIEW BOARD ORDINANCE
-SCOPE AND JURISDICTION FROM NACOLE:
Link to legislation https://acrbgov.org/service/ordinance-bylaws/
Membership
Page 147 of 154 -INCREASING BOARD MEMBERSHIP TRAINING -ADDITIONAL MEMBERS TO AID BOARD IN REACHING A QUORUM -COMPENSATION NEEDED TO ATTRACT MORE CANDIDATES -REMOVAL PROCESS IS NECESSARY FOR MORE EFFECTIVE GOVERNANCE -13 MEMBERS WHO REPRESENT THE DIVERSITY OF THIS COMMUNITY, AND WHO RESIDE WITHIN THE CITY OF ATLANTA AND WHO SHALL BE APPOINTED AS PROVIDED IN SECTION 2-2203. -NO FELONIES -NO OTHER PUBLIC OFFICE HELD AND NO OTHER EMPLOYMENT HELD IN CITY OF ATLANTA -RELEVANT SKILLS : CIVIL RIGHTS WORK AND LITIGATION, COMMUNITY AND BUSINESS LEADERSHIP, AND RELEVCANT ACADEMIC EXPERTISE -ALL APPOINTMENTS ARE APPROVED BY CITY COUNCIL, AND WILL BE INAUGURATED NO MORE THAN 30 DAYS AFTER COUNCIL CONFIRMATION
-THREE-YEAR TERM, MAXIMUM OF TWO CONSECUTIVE TERMS
SECTION CONTINUES NEXT PAGE!!
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Volunteer Board: Yes – 11 Members
How Appointed: Ordinance lists group of community/neighborhood organizations. Each one nominates one representative. The nomination must be confirmed by City Council. Also, Mayor, President of Council, and City Council each get a nomination.
Staff: 4 total
• Executive Director (salary $100,000) • 2 Investigators • 1 Administrative
ADDITIONAL TRAINING
Page 149 of 154
Areas of activity -TO REVIEW ALLEGATIONS OF MISCONDUCT INVOLVING POLICE AND CORRECTIONS SWORN OFFICERS -COMPLAINTS (SEE SECTION 1, SECTIONS 2-2201 THROUGH 2-2213 OF THE ATLANTA CITIZEN REVIEW BOARD ORDINANCE)
Investigative Power -REQUIRING DETAILED WRITTEN RESPONSES FROM THE DEPARTMENTS OF POLICE AND CORRECTIONS WHEN RESPONDING TO BOARD RECOMMENDATIONS -INFORMING PUBLIC ABOUT THE BOARDS AND DUTIES -SHALLADVISE MAYOR, PRESIDENT OF CITY COUNCIL AND MEMBERS, AND CHIEF OF POLICE AND CHIEF OF CORRECTIONS ON ACTIONS AND POLICIES OF POLICE TO IMPROVE THE RELATIONSHIPS OF COMMUNITY AND POLICE -INVESTIGATE AND HOLD PUBLIC HEARINGS
-MAY INITIATE STUDIES UPON REQUEST -MAY EXCERISE SUBPEONA POWER BY A MAJORITY VOTE
Confidential Information
Page 150 of 154
-ALL HEARINGS SHALL BE OPEN TO THE PUBLIC, EXCEPT WHEN, IN THE OPINION OF THE BAORD AND INACCORDANCE WITH THE OPEN MEETINGS ACT, EXECUTIVE SESSIONS ARE REQUIRED.
Complaint Activity
-ALLOWED TO FILE ANONOMOUS COMPLAINTS, UNDER A CREDIBLE BELIEF, PRIFESSING FIRST-HAND KNOWLEDGE OF POLICE MISCONDUCT, WHEN COMPLAINTANT REQUESTS ANONOYMIY BASED ON A CREDIBLE BELIEF THAT THE VICTIM WILL FACE HARASSMENT -COMPLAINTS MUST BE FILED IN WRITING AND UNDER OATH WITH THE BOARD NO MORE THAN 180 DAYS FOLLOWING THE DATE OF THE ALLEGED INFRACTION -ALL COMPLAINTS FILED WILL BE SENT TO OPS BY THE BOARD FOR THEIR REVIEW -NO FILING FEE AND COMPLAINTS SHALL BE PROVIDED ANY NECESSARY ASSISTANCE IN COMPLETING A COMPLAINTS FORM. -SOME MAY BE QUALIFIED FOR “MEDIATION”
Police agency size
2000 SWORN OFFICERS
Population
432,000
OTHER
This link is to a “select but growing list of some of the most requested APD SOPs.” https://acrbgov.org/service/apd-sops/
Page 151 of 154 MEMORANDUM To: Study Committee on an Independent Police Oversight Commission From: Subgroup 2 on Study Committee report to City Council Sade Callwood, Noel Garcia, and Chris Root Subject: Draft report outline for your consideration and several questions Date: November 20, 2020
Subgroup 2 met via Zoom on November 20, 2020 to discuss an outline of the Study Committee’s report to the City Council. Three people were present ‐ Sade Callwood, Noel Garcia, and Chris Root. Attached please find a draft outline of the Study Committee report, for discussion at Nov. 23 meeting. This draft document does not include any suggestions about the substance of recommendations the Study Committee will make. The purpose of this document is twofold: (1) to help the Study Committee decide what to include in its report, and (2) to make it possible to draft some sections before the end of its deliberations. These are the decisions that we suggest the Study Committee consider on November 23. (1) Agree to broad outlines of a report to Council, starting with the attached draft. (2) If a draft outline is agreed on, agree that Section I can be drafted soon, and decide who will prepare draft of this section.
Further ideas that arose from our meeting: It is important for the Study Committee to schedule and design a public input session; input from the public needs to be a part of the report to Council. December is probably too soon; could it be scheduled in January? If so, can a subcommittee begin thinking about format, discussion questions, and publicity? As you review the draft report to Council, consider what the Study Committee would like to communicate to the Oversight Commission, so this information can be included in the report to Council. (The Study Committee will no longer exist when a new Oversight Commission convenes.) These questions arose from our meeting:
The Study Committee would benefit from clarity about how it can draft and revise its report without violating the Open Meetings Act. We are aware that the Financial Health Review Team wrote a thorough, well‐received report to the City Council. It would be helpful to learn about relevant provisions of the OMA as soon as possible.
Two related questions: (1) Should the Study Committee recommend staff and budget needs for an Oversight Commission? (2) Will staff and budget needs be included in a draft ordinance creating an Oversight Commission, or will City Council take action on those separately?
Will the Oversight Commission require Bylaws? If so, we do not propose that the Study Committee draft them, but we should find out whether the recommendation we make should include that Bylaws must be created.
Page 152 of 154 1
Draft outline of Study Committee report to City Council
Submitted by Subgroup 2 (Root, Callwood, and Garcia) November 20, 2020
Excerpt from resolution creating the Study Committee on an Independent Police Oversight Commission:
IT IS FURTHER RESOLVED, The Study Committee shall present to City Council a report containing its recommendations within six months of the
first meeting of the Study Committee.
SECTION I: Purpose of the Study Committee and its report
Purpose: To present recommendations for an ordinance creating an Oversight Commission and rationale for them, with relevant background information
Council’s resolution creating Study Committee and the committee’s membership
Overview of Study Committee’s work, information gathered, and research undertaken
Input from the community about oversight of policing
SECTION II: History and current practices of oversight of police in East Lansing
History of oversight of East Lansing Police Department (ELPD), including: ELPD reports of complaints to Human Relations Commission (2017‐2020) Ordinance 1463 establishing a Public Safety Review Board (May 2019) How are complaints and use of force incidents currently handled? Recent examples of complaint and use of force incidents that reveal usefulness of changes to oversight system
SECTION III: Models of oversight commissions, difficulties of evaluation, constraints, and trends
National context: Models and trends
Issues of Best Practices and research on effectiveness; changes made to oversight bodies in some cities to address weaknesses and challenges
Legal and union context: Collective bargaining agreements and state laws
Page 153 of 154 2
SECTION IV: Recommendations for ordinance to create Oversight Commission OR draft ordinance
Rationale for the model proposed by Study Committee, based on research of national experiences
Possible sections of ordinance creating an Independent Police Oversight Commission (based on NACOLE guidebook and several ordinances in other cities):
a. Purpose or mission of Oversight Commission b. Definitions c. Powers and duties of Oversight Commission d. Membership (e.g., number of commissioners, method of appointments (including vacancies), eligibility and qualifications, terms, volunteer status, training once on the Commission) e. Procedures of Oversight Commission f. Information the Oversight Commission will be able to receive and how it will be obtained g. Communication and outreach to community h. Meetings of Oversight Commission i. Role in reviewing complaints (including types of complaints) j. New mediation program – option for handling complaints (if chosen) (?) k. Role in reviewing and making recommendations concerning ELPD policies and procedures l. Report(s) required of Oversight Commission (e.g., annual report, reports of policy recommendations) m. Operation of Commission in compliance with City Charter, Open Meetings Act, other? Staffing ? Budget ?
Appendices
Selected information obtained by Study Committee (e.g., Data about complaints, arrest, use of force, and police‐initiated stops, all with demographic data; other)
References
Selected literature used by Study Committee
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