Recommendations for the Aurora Police Department 21CP Solutions August 2021 21CP Solutions | Recommendations for the Aurora Police Department | August 2021
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Recommendations for the Aurora Police Department 21CP Solutions August 2021 21CP Solutions | Recommendations for the Aurora Police Department | August 2021 TABLE OF CONTENTS SCOPE & APPROACH ............................................................................................................ 1 Scope of the Assessment ......................................................................................................... 1 Approach .................................................................................................................................. 2 CONTEXT & BACKGROUND ................................................................................................ 5 What APD Does ....................................................................................................................... 6 AREA 1. CRITICAL OPERATIONS ................................................................................... 13 Use of Force ........................................................................................................................... 13 Stops, Searches and Arrests ................................................................................................. 53 Bias-Free Policing ................................................................................................................. 59 Crisis Intervention ................................................................................................................ 63 AREA 2. COMMUNITY ENGAGEMENT & PARTICIPATION ..................................... 73 Community Policing, Problem-Solving, and Engagement in Aurora ................................. 73 The Role & Function of Police in Aurora Going Forward ................................................... 77 AREA 3. ORGANIZATION AND COMMAND STRUCTURE ......................................... 92 Organizational Structure ...................................................................................................... 92 Deployment & Staffing .......................................................................................................... 94 Command Staff ...................................................................................................................... 98 AREA 4. SELECTION, SUPERVISION, AND SUPPORT OF PERSONNEL ........... 104 Recruitment, Hiring and Selection ..................................................................................... 104 Training ............................................................................................................................... 116 Field Training Officer Supervision, Selection, and Training ............................................ 119 Early Intervention & Peer Support .................................................................................... 124 AREA 5. ACCOUNTABILITY ............................................................................................ 129 Officer Misconduct & Complaints ...................................................................................... 129 Transparency & Oversight .................................................................................................. 145 AREA 6. EQUIPMENT, TECHNOLOGY, AND DATA SYSTEMS ............................... 149 i 21CP Solutions | Recommendations for the Aurora Police Department | August 2021 SCOPE & APPROACH Scope of the Assessment The City of Aurora (“Aurora” or “the City”) engaged 21CP Solutions (“21CP”) to conduct an assessment of the Aurora Police Department’s (“APD” or “the Department”) policies, procedures, and operations and to provide recommendations for enhancing the Department’s efforts at providing safe, just, effective, and equitable public safety to the Aurora community. This engagement occurred in the context of other, separate inquiries into and relating to APD. The first was an investigation by members of the Independent Review Panel that addressed the death of Elijah McClain, which made a number of factual findings and specific recommendations.1 The Independent Review Panel released their report on February 22, 2021.2 Second, the Colorado Attorney General’s Office is conducting a “patterns and practices” investigation of APD.3 Finally, the Community Police Task Force has reviewed APD’s practices and formulated specific recommendations.4 Mindful of these concurrent, independent processes, 21CP’s assessment focused on comparing APD’s practices, policies, and procedures against best, promising, and emerging national practices. This report therefore focuses on those areas of greatest opportunity within APD and on actionable recommendations for short- and intermediate-term improvements. We note that to even as the recommendations of the Independent Review Panel and Community Police Task Force are not all directly, or even indirectly, addressed here, such omissions should not be read as disagreement with or an objection to such recommendations. Those reviews had different lenses and different inputs, and we urge the City of Aurora and APD to take seriously all findings and recommendations from those reviews. 21CP’s review should be read not in lieu of, or in competition with, those reviews but, instead, as another, third source of guidance for the Department to consider as it moves forward. 1 Independent Review Panel, Investigation Report & Recommendations (Feb. 22, 2021), https://www.auroragov.org/UserFiles/Servers/Server_1881137/File/News%20Items/Investigation%20 Report%20and%20Recommendations%20(FINAL).pdf [hereinafter “Independent Review Panel Investigation Report”]. 2 Id. 3 Jesse Paul, “Colorado Attorney General Opens Investigation into ‘Patterns and Practices’ of Aurora Police Department,” Colorado Sun (Aug. 11, 2020), https://coloradosun.com/2020/08/11/aurora-police- colorado-attorney-general-patterns-and-practices/. 4 Ryan Ross, Community Police Task Force, City of Aurora Community Police Task Force Recommendations (Mar. 20, 2021) https://auroragov.org/common/pages/DisplayFile.aspx?itemId=17557323 at 72–81. 1 21CP Solutions | Recommendations for the Aurora Police Department | August 2021 Likewise, we note that our review did not independently investigate any cases or evaluate specific incidents. Instead, this report focuses on APD’s overall practices and how its policies, procedures, protocols, and systems contribute to those practices. This report also discusses long-term possibilities for Aurora to re-imagine the ways that police help to promote public safety in Aurora. We emphasize that nothing in this report should be read as foreclosing the opportunity for the Aurora community, elected officials, and City stakeholders to define public safety and identify response mechanisms that might reduce the City’s overall reliance on APD in responding to various types of community problems or issues. However, because implementing broader changes in APD’s role and response likely will require time, effort, and community collaboration, this report focuses on the specific steps that APD can take right now that can have a tangible impact across Aurora’s communities. Approach 21CP’s assessment and recommendations are based on an analysis of three primary sources of information or raw “data”: paper, performance, and people; the assessment of APD is no exception. First, 21CP requested and received an array of written materials and information about, and relating to, APD’s operations. This included policies, procedures, protocols, training curricula, annual reports, and other similar materials. These were evaluated in light of an array of emerging and best practices and national standards. We detail or reference the specific APD materials alongside the particular emerging and best practices through which we considered those materials throughout the report. Second, 21CP endeavored to evaluate the Department’s performance in practice. This primarily took the form of evaluating a variety of APD performance data to understand long- term performance patterns, dynamics, and trends. We analyze various classes of overall, aggregated data throughout the report. We note that, in some jurisdictions where we have conducted similar work, 21CP has reviewed individual use of force investigations, officer misconduct investigations, or documentation of stops and arrests. Mindful of the Attorney General’s ongoing investigation on patterns across individual incidents and past performance, we focus here on APD’s current operations and recent performance to get a sense of where APD can most readily improve. Third, 21CP conducted conversations, focus groups, and interviews with a diverse array of Aurora stakeholders in which approximately 220 individuals participated. These included Aurora residents, elected officials, and representatives of community organizations. It also included APD officers across ranks, positions, and assignments. 2 21CP Solutions | Recommendations for the Aurora Police Department | August 2021 The individuals who spoke with us wanted to speak with us, making participation voluntary and self-selecting. Participants were not randomly selected, and the views of participants in our community conversations may or may not reflect Aurora as a whole. Additionally, although we had a number of conversations, our process did not endeavor to include a statistically-significant number of Aurora stakeholders. Consequently, it is near certain that some important views did not surface in our engagement simply because of the number of individuals and stakeholders with whom we were able to engage. Nevertheless,