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S 2019 Annual Report 2019 Annual Report Director February 21, 2020 Honorable Mayor John Cranley Council Member Jeff Pastor Honorable Vice Mayor Christopher Smitherman Council Member Chris Seelbach President Pro Tem Tamaya Dennard Council Member P. G. Sittenfeld ‘ Council Member Greg Landsman Council Member Wendell Young s Council Member David Mann City Manager Patrick Duhaney Message Council Member Amy Murray Citizen Complaint Authority Board Pursuant to the Collaborative Agreement codified as Cincinnati Administrative Code Article XXVIII, I present to you and the Cincinnati community the 16th Annual Report of the Citizen Complaint Authority (CCA). This report covers January 1 through December 31, 2019, outlining statistical complaint and investigation data and summarizing the Department’s activities. CCA continues to maintain and ensure its Independence, Authority, Access, Rapport, Community Engagement, and Transparency, which are the noted characteristics of effective police oversight as recognized by the National Association for Civilian Oversight of Law Enforcement (NACOLE). The spirit of the ethical and professional standards guides CCA’s civilian oversight practitioners in adapting to individual circumstances, and in promoting public trust, integrity and transparency. As noted by NACOLE, “Civilian oversight practitioners have a unique role as public servants overseeing law enforcement agencies. The community, government, and law enforcement have entrusted them to conduct their work in a fair and impartial professional manner. They earn this trust through a firm commitment to the public good, the mission of their agency, and to the ethical and professional standards described herein.” In 2019, CCA reviewed and assessed 285 complaints which led to 84 complaints to be investigated by CCA. One complaint was withdrawn. The 200 complaints not investigated by CCA were referred to the Cincinnati Police Department (CPD) for investigation. Of the 84 complaints, the allegations reviewed by CCA included: 25.8% use of force/excessive force; 13.7% stop; 13.0% search/seizure/entry; 12.1% discourtesy; 8.7% procedure; 6.5% discrimination/racial profiling; 5.6% harassment; 5.0% lack of service; 3.1% pointing of a firearm; 2.8% unethical conduct/misconduct; 2.2% detention; 0.9% discharge of firearm; 0.6% sexual misconduct. Comparison from 2018 to 2019 • The total number of complaints reviewed by CCA increased from 243 to 285 (17.3%). • The total number of complaints assigned to CCA for investigation increased from 77 to 84 (9.1%). • The total number of allegations against CPD officers, reviewed by CCA, increased from 487 to 745 (52.9%). • The total number of allegations against CPD officers, investigated by CCA, increased from 209 to 322 (54.1%). CCA’s primary purpose is to investigate specific allegations of serious misconduct by CPD, but CCA has several other important duties and responsibilities. CCA continues to review 1 Director s Message s Director and analyze data and patterns, maintain a proactive community engagement presence, follow-up on citizen complaints not investigated by CCA with CPD on behalf of complainants, ensure that CCA’s team is current on best practices, training and trends as well as serve as a responsible stakeholder in Cincinnati through charitable and volunteer efforts. ‘ CCA’s Investigation and Administrative Teams must be applauded. They have done an outstanding job and stepped up to the plate in collaboration and coordination throughout the Department despite any challenges or opposition faced by CCA. Their determination and objectivity are commendable. CCA acknowledges the current Board Members: Chair Karen Osbourne, Vice Chair George Pye, Desiré Bennett, Mark (Zeek) Childers, Luz Elena Schemmel, Phyllis Slusher, and former Board Member Ronald Dumas, for their continued support. CCA’s Board is a diverse one and remains helpful in the review process. For a civilian oversight agency like CCA to be successful, there must be a professional working relationship with the police agency it monitors. Most importantly, CCA sincerely thanks Chief Eliot Isaac, CPD’s command staff and the entire CPD for its continued collaboration and compliance with Cincinnati Administrative Code Article XXVIII. CCA must acknowledge CPD’s Training Academy staff; they continue to support CCA’s training efforts and provide the Investigation Team with a wealth of knowledge and education. Finally, CCA thanks the citizens of the City of Cincinnati. CCA remains committed to maintaining a professional and collaborative working relationship with CPD. Thank you for your support and guidance, ensuring CCA remains a world class civilian oversight body. I hope you find the 2019 Annual Report both enlightening and informative. Kim Neal Executive Director 2 Mission The Citizen Complaint Authority’s (CCA) mission is to investigate serious interventions by police officers including, but not limited to discharging of firearms; deaths in custody; excessive use of force; improper pointing of firearms; improper stops; improper entries, searches and seizures; and discrimination/racial profiling. We resolve all citizen complaints in a fair and efficient manner. CCA’s ultimate goal is to address citizens’ concerns and improve citizens’ perceptions of quality police service in the city of Cincinnati. It is essential that CCA uniformly be perceived as fair and impartial, and not a vehicle for any individuals or groups to promote their own agendas. Invite CCA to your • General Overview next meeting or event • History: Life Before and Life Since CCA’s Creation • Collaborative Agreement • Civilian Oversight of Law Enforcement • Complaint and Investigation Process • CCA’s Board • Annual Report Briefing • CCA’s Statistical Review • Encounters with Law Enforcement • Other Related Topics Citizen Complaint Authority… Telephone: 513-352-1600 Promoting the highest attainable Email: [email protected] standards of integrity, professionalism, Website: www.cincinnati-oh.gov/ccia/ and accountability. 3 Contents Overview Statistics 6 History 16 City Manager’s Final Disposition 7 Citizen Complaint Authority Board 16 Closed and Active Complaints 7 Board Responsibilities 16 Table 1: Status of CCA Complaints 7 Board Hearings and Procedures 17 Table 2: CCA Findings 8 Executive Director and Staff 17 Table 3: CPD Findings 8 Organization Chart 18 Table 4: Assignment of Complaints 18 Table 5: How Complaints Were Received 19 Table 6: Month Complaints Were Received Complaint Process 20 Table 7: Circumstances of 9 Complaints Received Complaints 21 Table 8: Allegations Assigned 9 Assignment and Investigation to CCA 9 Investigative Guidelines 22 Table 9: Allegations Assigned 10 Administrative Closings to CPD 10 CPD Citizen Complaint 23 Citizen Demographics Resolution Process 23 Table 10: Cincinnati Population 11 CCA’s Complaint Process Estimate 23 Table 11A: Complainant Gender 23 Table 11B: Complainant Ethnicity 23 Table 11C: Complainant Age Director’s Summary 24 Officer Demographics 24 Table 12: All Sworn CPD Officers 12 Budget 24 Table 13A: Officer Gender 12 CCA and CPD Relationship 24 Table 13B: Officer Ethnicity 12 Collaborative Agreement 24 Table 13C: Officer Rank 13 Community Engagement 24 Table 13D: Officer Age 15 Serious Police Intervention Incidents 24 Table 13E: Officer Years on Force 4 Contents Statistics (continued) Appendices 25 Location of Complaints Reviewed 32 I: Five-Year Statistics 25 Table 14A: Complaints from All CPD 44 II: Definition of Terms Districts 48 III: Commonly Used Acronyms 25 Table 14B: Central Business Section 50 IV: Staff, Training and Complaints Development 26 Table 14C: District 1 Complaints by 53 V: CCA Board Members Neighborhood 56 VI: Table Cross Reference 26 Table 14D: District 2 Complaints by Neighborhood 27 Table 14E: District 3 Complaints by Neighborhood 27 Table 14F: District 4 Complaints by Neighborhood 28 Table 14G: District 5 Complaints by Neighborhood 28 Table 14H: Complaints from Outside City Limits or Unknown District 29 Serious Incidents Reviewed 29 Table 15A: Summary 29 Table 15B: Districts 29 Table 15C: Demographics 30 Serious Incidents Closed 30 Table 16A: Summary 30 Table 16B: Districts 30 Table 16C: Findings 30 Table 16D: Demographics 31 Highlights Imagine Peace and Unity Archway by Suzanne Fisher Located at 1300 block of Vine Street Photo by Michelle Bonner 5 Overview History As a result of repeated lawsuits and the public’s demand for a Department of Justice (DOJ) investigation, former Mayor of Cincinnati (Charlie Luken) requested that the DOJ review the Cincinnati Police Department’s (CPD) Use of Force policy. The Mayor’s request was a major step in promoting police integrity and the City’s commitment to minimizing the use of excessive force in CPD. In response to that request, the DOJ conducted an investigation pursuant to its authority under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14.141. To affirm its commitment, the City entered into the Collaborative Agreement (CA) and Memorandum of Agreement (MOA) with the DOJ. The parties to the CA included the Black United Front (subsequently asked and received permission to be released from the agreement), the American Civil Liberties Union and the Fraternal Order of Police. Both agreements required the City to create a police civilian oversight agency. The intent of the CA and MOA was to foster a better relationship between the community and CPD. In April 2002, the Citizen Complaint Authority (CCA) was created as an independent civilian oversight agency by City Ordinance
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