Department of Justice agreement with city of Cleveland

8/9/2019 Department of Justice agreement with city of Cleveland

1/110

UNITED

ST

A

TES DISTRI T OURT

NORTHERN DISTRICT

OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA, CASE NO.:

Plaintiff, JUDGE:

v

CITY OF CLEVELAND,

Defendant.

SETTLEMENT

AGREEMENT


2/110


3/110

C C

ri

sis Intervention Training .................. ......................................................

D Specia

li

zed Crisis Intervention Trained Officers .... ........... ......

.

....... ......

E

C

ri

sis Inte

rv

ention

Po

licies

and

Procedures .....................................

......

VIII. SEA RCHES AND SEIZURES ........... . ............ ..........................................

IX ACCOUNTABILITY .................................................. ......... .

...... ..... ...........

A. Internally Discovered Mi sconduct ... ................ . ................................

B Reporting Misconduct and Preventing Retaliation ......... ..... ....................

C. Investigation

of

Civilian Complaints ...................................... .................

1

The Office

of

Professiona l Standards ......... .

......................................

2

Filing a

nd

Tracking

of

Civilian Complaints ...... ....

....

3

Classification of Civi lian Complaints ..................... .............................

4

Investigation

of

Civilian Complaints ....... ....... .......

..................... ........

5 Communication with the Complainant ............................................. .

D.

Po

lice Review Board..................... . ............... ....................... ..... .......

E. Di sc

ip

linary Hearings .......................................................................... ....

F.

Disc

ip

line .......... .

.

............... .....

.................... .... .

........

.

.

.....

X TRANSPARENCY AND OVERSIGHT ..............................

.................. , ..

A. Police Inspector General .................. ............ .........

..............................

B.

Data Collection and Analys is.......................

....

............ ........................

XL OFFICER ASSISTANCE AND

SUP PORT

............ . .................................

A. Training.........................

.

.

..........................................................


4/110

C.

Recruitment and

Hi

ring ................. .............................................................

0

Perfo

rmanc

e Eva

lu

ations and Promotions..................................................

I. Performance Eva

lu

ations ......................................................................

2.

Pr

omo

ti

ons ........................................................................

....

.. ... ...........

E. Staffing .......................................................................................................

Xll . SUPERVISI

ON

.................................................................................................

A. Duties and Training of F

ir

st Line Superviso rs...........................................

B.

Officer I

nt

er

ve

ntion Program .....................................................................

C. Body Worn Camer

as

........ .. ......... ................ .................. ........... ........ .... ...... .

X

IJI

. POLICIES .................. ............................................................ .... .......................

XIV. IM PLEME TATTON ASSESSMENT OUTCOMES AND ENFORCEME

A

Role

of th

e Ind ependent Moni tor ...

..

........................................................ ...

B. Se lection and Compensa

ti

on of the Mo ni to r .............................................

C.

Com

pliance Reviews .......... .... ......................

...

............. ... ........ ...... ... ..........

D.

Biennial Communi

ty

Survey....................... .... .............. ...... .. .....................

E. Outcome Measu

rem

ents ............................................................................

F. Monitoring Plan and Review Methodology..................................... ..........

G. Monitor Recommendations

and

Technica l Assistance .... .... ......................

H.

Con

1pr

ehensive Reassessment

...

..

.............................

...

.

..

...........................

l Monitor Reports ......... .......................................

...

...... .... .. ... ..... ................. .

J .

Coordin

at

ion

wi th

the Po li

ce

Inspector General .......................................


5/110

0

Access and Confidentia

li

ty ........ .................................................................

P.

Court Jurisdiction Modification

of

this Agreemen

t

a

nd

Enforce

ment.

.....

Q

Termination of

thi s Agreement ................................................... ........ ....

..

..

XV.

D

EF

T TJ

ONS AND ABBREV IATIONS

.. ........

....

......................................

...


6/110

I

INTRODUCTION

The United States ofAmerica a

nd

the Ci

ty of

Cleveland (collec

ti

vely Partie

committed to ensuring that pol ice services in Cleveland are delivered in a manner

th

constitutio

nal

, effective, and consistent with community values, while preserving off

public safety. To further these goals, the Cleveland Division ofPolice ( CDP )and

Cleveland community must have a strong relationship that is built on mutual

tru

st an

The provisions

of

this Agreement a

re

designed to

bol

ster

thi

s relationship and ens

ur

e

endures. The Constitution requires the City to prevent excessi

ve

force, to ensure tha

and seizures arc reasonable, and to ensure that police services are deli vered free fro m

These precepts also are fundamental to a strong community-police relations

hip

. To

goals, the C

it

y has agreed to provide clear guid ance to officers; increase accountab il

or

civilian participation in a

nd

oversight

of

the po

li

ce; prov

id

e officers with needed

training, and equipment; and increase transparency. The Parties acknowledge that n

Agreement alters the fact that the City

of

Cleveland is a governm

en

tal entity organiz

laws

of

Ohio and governed in accordance with its Munic

ip

al Charter (''Charter ). Th

Agreement does not alter the Cleveland Charter prov isions regarding cont

ro

l and su

the po

li

ce force. The Mayor of Cleveland and Director

of

Public Safety retain

thei

r

over CDP a

nd

the C

hi

ef

of

CDP retains autho

ri

ty to oversee the operations

of

CD P.

For these reasons, and noting the general principle that settlements are to be

particularly settlements between governm ent entities, the Parties agree to implement

Agreement und er the

fo ll

owing te

rm

s and conditions.

II

BACKGROUND

1. On March 14 , 20 13, at

th

e request of the Ma yo r of Cleveland a

nd

others, th

States Department

of

Justice ( DOJ ) ann ounced the beginning ol'its inves

CDP's policies and practices

to

determine whether C

DP

engages in a p tte


7/110

conducted a comprehensive assessme

nt of

officer

s

u

se of

fo

rc

e a

nd

C

DP s

procedures, trainin

g,

systems of accountability,

and

co

mmunity enga

ge

me

n

investiga

ti

on

in

cluded multi-day ons

it

e tours of CDP

s

facilities, Dis

tri

ct co

stations, a

nd rid

e-alon

gs

with o

ffic

ers

in

every

po

lice Dis

tri

ct; inte

rv

iews

w

Clevel

an

d o

ffi

cial

s,

CDP

s

co

mm

a

nd

sta

ff

, me

mb

ers of CD P

s

specia

li

zed

supervisors, and police office rs; an extensi

ve

review of docum ents; and num

mee tin

gs

w

ith

r

es id

e

nt

s, community group

s,

members

of

re

li

gious

co

mmun

Office of Professional Standards,

th

e Civ

il

ian Po

lice

Review Boa

rd

, a

nd

o

t

stakeho

ld

er

s.

3. Th

e C

it

y

and

C

DP

cooperated during the investigation and prov

id

ed

ac

ce

ss

o u m e n ~ faciliti

es

, and personnel. Many memb ers of Cleveland

s

divers

co

mmunities,

incl udin

g community advocates, religious leader

s,

and mem

b

CDP

s

pat

ro

l o

ffi

ce r a

nd

management uni ons, too k an

ac

ti

ve

interest

in

th

e

in ve

s

ti

ga tion and

pl

ayed a critical

rol

e in pr

ov id

ing

in

fo

rm

ation and faci lita

th

orough inves

ti

ga

ti

on.

4. On De

ce mb

er 4, 2014,

th

e Department

of

Justice

pub li

cly

ann

ounced

th

at i

reasonable cause to believe that CDP engages

in

a patte

rn

or pr

ac

tice

of

us

force. DOJ ann o

un

ce

d that it had reasona

bl

e cause to believe

th

at, althoug

used by C

DP

officers was reasonab

le

, a sig

nifi

cant amount of d

ea

dly a

nd

le

forc

e was excessive

and

constituted

an on

go

in

g risk

to th

e public

and

to C

D

DO

I

also determined th at systemic deficiencies contribute to the pattern or

excessi

ve

force. These defi ciencies relate to opera tional and str

uc

tural area

including

it

s accountability s

ys

tems, reso

urc

e deployme

nt,

community pol

po

li

cies, a

nd

o

ffi

cer s

upp

o

rt

, trainin

g,

equipme

nt

, a

nd

s

up

ervision. Althou

not specifically inves

ti

gate C

DP s

search, s

ei

z

ur

e, a

nd a 1'

est pr

ac

tices, DO

review revealed Fourth Amendment concerns

in th

ose areas as well.


8/110

the

term s of thi s Agreement. In agreeing to address these important issues

not agreeing with the findings.

6.

Co

nstitutional policing and effective policing are interdependent and rely o

partnership between the police department a

nd th

e communities that it serv

ensure that the reforms embodied in this Agreement are responsive to comm

officer concerns the Parties consulted extcns.ively with community leaders

o ffice rs advocates residents a

nd

other concerned individuals who offered

recommendations a

nd

insights on refo

rm

. T

hi

s Agreement rc

ll

ects the broa

received by the Parties from the diverse communities that make up the City

Cleveland. The Parties are committed to on

go

ing engagement with commu

stakeholders to foster co ntinued participation and long-term sustainabi lity o

reform s created

by thi

s Agreement.

7. T

hi

s Agreement was reached as a result of the authority granted

to th

e Dep

Justice under Section to seek declaratory or equitable relief to remed

or practice of conduct by law enforcement officers that deprives individual

privileges or immunities secured by the Constitut ion or federal law.

8. This Agreement is not intended to limit the l

awf

ul authority of the Mayor o

over the CDP or

th

e lawful autho

ri

ty

of

the Chief

of

Police to oversee the o

CDP.

9. The Parties acknowledge the appropriation authority of Cleveland City Cou

the Ohio Re vised

Co

de and the Cleveland Charter and Codified Ordinance

Agreement is not intended to override the lawful authority of

th

e Cleveland

Council to appropriate funds.

10. This Agreement is not

in

tended to Iimit the lawful au thor ity ofCDP officer

objectively reasonable force or otherwise fulfill their law e

nf

orcement obli

und

er the Constitution and laws of the United States and

th

e State of Ohio.


9/110

wo rk diligently and with integrity despite challenging c

ir

cumstances.

12. This Agreement will constitute the entire integrated agreement

o

the Partie

drafts or prior or contemporaneous communications, oral or written, will be

admissible for purposes

o

determining the meaning

o

any provisions here

litigation or any other proceeding, except the Department

o

Justice' s Dece

20 14 Findings Letter.

3 Thi s Agreement is binding upon all Parties hereto, by and through their off

age

nts, employees, a

nd

successors. If the City

es

t

ab

lishes or reo r

ga

nizes a

agency or entity whose function includes overseeing, regulating, accreditin

investigating, or otherwise reviewing the operations o CDP or any aspect

City agrees to ensure that these functions and entities are consistent with th

this Agreement and

wi

incorporate the terms

o

this Agreement into the o

regulator

y

accreditation,

in

vestigation, or review functions

o

the governm

or entity as necessary to ensure consisten

cy.

Ill COMMUNITY ENGAGEMENT ND BUILDING TRUST

1

4. This Agreement recog

ni

zes

the

impo1t nce

o

community input into the wa

services are de live re

d.

Ongo ing community input into the development

o

establishment o police priorities , and mechanisms to promote community

in

CDP will strengthen CDP and the

po

lice-community relationship that is

promote public safety. To promote public trust and confidence

in

CDP,

co

and effective

po

licing officer and public safety, and the sustainabi

li

ty

o

re

will create, in accordance with this Agreement, formal and informal mecha

facilitate ongo

in

g communicati

on

be tween CDP and the many Cleveland c

it serves.

A

ommunity

Police Commission


10/110

have the

fo

llowing mandate:

a.

to make reco

mm

endations

to th

e C

hi f of

Po

li

ce a

nd

the C

ity,

in

c

Mayor and the City Council,

on

pol icies and practices related to c

a

nd

problem-oriented po

lici

ng, bias-free policing, and po

li

ce trans

b. to

wo rk

with the many commu

niti es th

at make

up

Clevel

and

for

th

of

de

vel

op

ing recommendat

io

ns for police practices that reflect

an

understanding of the

va lu

es a

nd pri

orities of Clevela

nd

residents;

c.

to repo

rt

to the City and communi

ty

as a whole and

to

provi

de

tra

police depar

tm

e

nt

refo

rm s.

6 To ensure diverse representa tion, with in 30 days of the Effective Date, the

esta

bli

sh a se lec

ti

on panel made

up

of representati

ve

s

fr

om each or

th

e fo ll

(a)

fa

ith b

ased

organiza

ti

ons; (b) civil

ri

g

ht

s advocates; (c)

th

e

bu

siness/

ph

comm

uni

ty; (d) organ izations representing com munities

of

color; (e) advoc

orga

ni1 at

ions; (f) you

th

or student organizations; (g) academia; and (h

ind

ex

perti

se

in

th

e cha

ll

enges

faci

ng people w

ith

mental illness or

th

e homeles

members

of thi

s panel w

ill be se

lected

by

the Mayor

in

cons

ul ta

ti

on with D

participation

by

me

mb

ers

of

Clevela

nd

Ci

ty

Co

uncil

as

determ

ined by th

e

Pres

id

ent. Within 30 days of their appointme

nt

,

th

e se lection panel w

ill

ac

applications

fo

r membership on the

Com

mi

ss

ion

from

individuals who r

es i

in

the City

of

Clevel

and.

Within

30

days thereafter,

in

an open publ

ic

foru

selection panel

wi ll rec

o

mm

end

I

0 per

so

ns

to be

a

pp

ointed

as

me

mb

ers

of

Co

mmi

ssi

on

for a term of no more than 4

yea

rs, ensuring at least I represe

each of the

ca

tegorie s identi

fied

above. The persons recommended

by

the

panel sha

ll

be appointed as

pr

ov

id

ed

in

the Charter. Curre

nt

me

mb

ers of th

panel cannot apply to become members

of

the

Cor;n

mi

ssion.

In

add

ition, th

Patro

lm

en s Association, the Fraternal Order of Police, and the

Black

Shie


11/110

of, and receive relevant information and reports from the Community Relat

of

the City

of

Cleveland, and one member

of th

e Community Relations Bo

selected by

the

Com

mun

ity Relations Board to attend meetin

gs

of, and rece

information and reports from the Commission. The Commission will meet

with the Chief

of Po li

ce and provide recommendations and reports

to

him o

remain

ind

epe

nd

ent from , the Chief

of

Police, the

Mayo

r,

and the

C

it

y Cou

17. The Com

mi

ssion w

ill

:

a. within 90 days

of

appointment, hold public meetings across the C

an assessment of CDP s bias-free policing policies, practices, and

and make recommendations;

b. on an ongoing basis, including through

it

s membership on the Tra

Review Committee, assist as ap propriate

in

CDP s development

o

related to bias-free

po

l

ic

in

g and cultur

al

competency;

c. on

an ongo

in

g basis, assess CDP's community activities, and mak

recommendations for additional strategies fo r CDP to consider to

community engagement with and community confidence in CDP;

d. on an ongo ing basis, review CDP s civ

il

ian oversight structure

to

there are changes it recommends

fo

r impr

ov

ing CDP's accountab

transparency; and

e. perform other function

as

set out

in

this Agreement.

18

In addition to the above, the Co

mmi

ssion has the authority to:

a. review and comment on CDP's po

li

cies and practices related to u

search and se izure, and data collection and retention;

b. review and comment on CDP

s im

plementation

of

initiatives, pro

ac

ti

vities that are intended to support reform; and

c. hold public meetings to discuss the Monitor s reports and to recei


12/110

for improvement, related to each activ

it

y that it und ertakes. The C

it

y will p

Co mm i

ssion

s

reports a

nd

recommendations

to

the City's websi te.

21. The City w

ill

consider and

tim

ely respond in writing to the Commission's

recommendations for improvements. Those responses also w

ill

be posted t

webs

i

te.

22. The budget for

th

e Co

mmi

ssion w

ill be

vis

ib

le

as

a

se

parate l

in

e

it

em

in

the

proposal

th

at is submitt

ed

annua

ll

y pursu

an

t

to th

e Charter

to th

e Clevela

nd

Co uncil with the appropriations ordin ance. The Parties

wi

ll

e

nd

eavor to se

fund in

g

for th

e Co mm i

ss

ion as appropriate. The

Mo ni

tor w

ill

analyze the

Commission

s

budget a

nd

advise

th

e Parti

es

and

th

e Court as to whether it

sufficient

ind

epe

nd

ence a

nd reso

urces to meet the te

rm

s

of thi

s /\greemen

t.

B District Policing Committees

23. Working jointly, the

Com mi

ssi

on

, C

DP

, a

nd Co mmun

ity

Re

lations Board

w

ill wo rk

with

th

e

D.i

st

ri

ct Po

li

ci

ng

Co

mmittees (fo

rm

e

rl

y called District C

Relations Co mmittees) to

fac il

itate regul ar com

muni

ca tion and cooperati

on

CD

P and communi

ty

l

ea

ders at the local leve

l.

These Disn·ict Polic

in

g

Co m

should meet, at a minimum, every quarte

r.

24. Working jointl

y

the Commi

ss

ion, CDP.

and CRB wi ll

develop a mechanis

and expand the membership of the

Di

strict Policing Co

mmi

ttees, each of w

include a representative cross-secti

on

of community me

mb

ers, i

nc lu

ding,

f

representa

ti

ves of social

se

rvices providers,

fa

ith leaders, local

bu

siness

ow

et

c. fr

om that

Di

strict.

Eac

h District

Po

l

ici

ng

Co

mmittee al

so Ni ll

include

CDP

of

fi

cer fro m that Distric

t.

CD P

wi

ll

work with the Commission to se

for each District Policing

Co

mmittee.

25.

CD

P w

ill

work closely with

th

e

Di

st

ric

t Policing

Com

mittees to

id

e

nti

fy

st

address crime and safoty issues in their Distric

t.

In devel

op in

g ap

pr

opriate


13/110

26. At least annually each

Di

strict Po licing Co mmittee will present its identifie

concerns and recommendations

to th

e Commi

ss

ion. At the

same

t

im

e, an o

a member

of the Di

strict Policing Committee w

ill

present to the Co

mmi

ssio

assessment

of

ways to address, and barriers to, implement

in

g the strategies,

and recommendations

of

the Committee.

IV COMMUNITY

AND

PROBLEM ORIENTED POLICING

27. CDP will develop a

nd

impleme

nt

a comprehensive a

nd

integrated commun

pr

oblem-orie

nt

ed

po

licing model

in

o

rd

er

to prom

ote

and

strengthen pa

rtn

e

within the community engage constructively with the community to ensure

co ll

aborative problem-solving, and increase com munity confidence in C

DP

co

nsult with

th

e Commissi

on

regarding

thi

s

model as

appropriate.

28. CDP

wi

ll

ensu re that its

mi

ss ion statement reflects its commi

tm

ent

to

comm

orient

ed

policing and will integrate community and problem-oriented polic

pr in

cipl

es

into

it

s management, po

li

cies and

pro

cedures, recru itme

nt

, tra

ini

personnel evaluation s, reso

ur

ce deployment, tactics

an

d accountability sys

29. CDP will ensure that officers are familiar with the geographi c areas they se

including their assets, challenges, problems, business, reside

nti

al and demo

profiles, and community gro

up

s and leaders; engage in probl

em

identificat

solving activ

iti

es with

th

e community

group

s

and

members regarding

the c

priorities; and wo rk wi th other

ci

ty and county departments to a

qua

li

ty

of

life issues.

30.

CD

P

wi

ll provide initial

and ann

ual

in-

service community and problem-ori

poli

ci

ng tr

ain in

g that is ade

qu

ate in qual

ity

, quantit

y

typ

e

and scope, a

nd

inco

rp

orate into

it

s

tr

aining

of

a

ll

o

ffi

cers, including supervi

so

rs, command

exec

ut

ives, com muni ty and proble

m-

oriented policing principles, inc

ludi

ng


14/110

c.

leadership e

thi

cs and e

ective

co

mmunicat

io

n a

nd

inte

rp

ersonal

d. commw1ity engagement including how to es tabli sh partnerships a

engage civilians and community organizations including yo uth L

homeless and mental health organizations and communities;

e.

princi

pl

es of procedural

ju

stice and

it

s goal

s;

f. conflict reso

luti

on a

nd

verbal de-escalation of conflict; and

g. cultural co

mp

etency and sens

itivic

y training.

31.

The City and CDP w

ill

m

ai

nta

in

co

ll

abora

ti

ve partnerships with a broad sp

comm un ity groups. CDP representatives will meet as a

pp rop

riate with re

bu

siness religious civi

c

e

du

ca tional a

nd

other community-based groups

District and with the District Policing Committees to proacti ve ly maintain

relationships and i

de

nt ify and address community problems and challenges

32. CDP w

ill

continue to meet with members of

th

e co

mmu11i

ty in each

Di

stric

monthly bas is. CDP will actively so licit participation from a broad cross-s

co

mmunity members in each District. Among other things these commun

will be used to

id

entify problems and other areas o concern in the commu

discuss responses

an

d

so

lutions. During these meetings CDP m

ay

discuss

appropriate summa

ri

es of

re

levant a

ud

its a

nd

repo

s assessing C

DP

as

we

policy changes co

mpl

eted during the preceding qu a

rt

er.

33. Within 365 days of the Ef

fec

tive Date CDP

will

develop and implement s

monitor officer outreach to the communit

y.

CDP will use this method to a

among other things whether officers are partnering with a broad cross-sec

co

mmunity members

to

develop and implement cooperative stra tegies that

respect a

nd

identify and

so

lve problems. The Monitor will revi

ew

whe

th

er

deve loped by the City are effective .

34. At least annually CDP will

pr

esent the results

o

this anal

ys

is broken out


15/110

biennial survey. The community

po

licing report w

ill be

provided to

th

e Co

posted on CD P s website,

and

a summary

of

the repo11

will

be

pr

ovi

ded at

community meeting fo

ll

owing the report

s

publication.

V. BIAS FREE POLICING

35. CDP will

de

li

ve

r police se

rvi

ces with the goal

of

ensuring that they a

re

equ

respectful, and

fr

ee of unl awful

bi

as,

in

a manner that promo

tes

broad comm

engagement and confidence

in

CDP. CDP expects a

ll

officers to treat a

ll

m

th

e Cleveland

com

munity with courtesy, professionalism,

and

respect,

and

harassin

g

intimidating, or derogatory langu

age.

36. CDP will integrate

bi

as

-free

po

lic

in

g princ

ipl es int

o its managemen

t po

lic

procedures, job descriptions, rec ruitme

nt

, training, personnel eva

luat

ions, r

deployment, tact

ic

s, and system

s.

37. CDP will administer all ac

ti

viti

es

without discrim

inat

ion on

the

b

as

is

of

rac

na

ti

o

nal

o

ri

g

in

, re

li

gion, ge

nd

er, disab

ili

ty age, sexual orientation, or

gen

d

38. Within

18

months

of th

e Eff

ec

tive Date, C

DP

w

ill

develop a bi

as- free

polic

that in

co

rp

ora

te

s,

as

appropriate,

th

e recommendations developed

by

the

C

pursuant

to

paragraph 17, a

nd

that prov

id

es clear guidance to officers

th

at

b

policing, including deciding to detain a motorist or pedestrian based solely

stereotyp

es

is prohibited.

39. Within

18

months

of th

e Effec

tive

Date,

wi th

input from the Commission,

develop training

th

at incorporates

th

e principl

es

of

proceduraljust

ice

and t

designed to ensure that police se rvices are delivered

free

from bias. The M

review the training

to

assess whether

it

is adequate

in qual

ity, quantity, sco

40. The training

wi

ll be provid

ed

to a

ll

o

ffi ce

rs

and wi

ll

includ

e:

a. co

nstitutional a

nd

o

th

er legal requirements related

to

equal protec


16/110


17/110

VI USE O FORCE

45. DOJ acknowledges

th

at CDP recently

has

made impo11a

nt

changes

to so

me

po li

cies. Building on these improvements,

CD

P

wil

l

revi

se, develop, and im

force policies, training, supervision, and accountab

ility

systems with the go

ensuring that

fo

rce is u

se

d

in

acco

rd

ance with

th

e

Co

nstit

uti

on a

nd

laws

o

States and the requirements of

thi

s Agreement and that any use o unre

aso

n

promptly

id

en

tified and

re

spo

nd

ed

to appro

pri

ately. The force

po

l

ic

ies,

tr

ai

s

up

ervision,

and

acco

un

tabi

i

ty systems wi

be

designed with

th

e

goa

l

o

e

officers use techniques other than fo rce to effect compliance with pol

ice

or

whenever feasible: use force only when necessary,

and in

a

man

ner that

avo

unnecessary injury to officers and civ

ili

ans;

d e ~ e s c th

e use

o force

at

t

poss

ibl

e moment;

and

accurately

and

completely report all uses

o fo

rce.

A.

Use

of Force Principles

46. The C

it

y w

ill

implement the

te

rm s o hi s Agreement wi

th th

e goal of ensu

o force

by

CDP o

ffi

cers, regardle

ss

o the type o force, tac

ti

cs, or weapon

comply with the fo llowing requirements:

a. officers wi

ll

allow individuals

th

e opportunity

to

submit

to

arr

es

t

is used wherever

poss ibl

e;

b. officers will u

se

de-escalation techniques whenever poss

ibl

e and

before resorting to fo rce and to reduce the need

fo

r fo rce. De-esc

techniques may include

ve

rbal persuasion and warnings and tactic

escalation techniqu

es

, such

as

slow

in

g down

th

e pace or

an

incide

out s

ubj

ect

s

cr

eatin

g

di

sta

nce

a

nd

thus the reac

ti

onary

ga

p) betw

officer and

th

e threat, and requesting additional resources e.g. sp

CIT officers or negotiators). Officers w

ill be

trained to con sider t


18/110

d.

in

applying fo rce officers will reduce the level of force as the thre

diminishes;

c.

officers no

rm

ally w

ill

not use fo rce

aga

inst persons who are han

dc

otherwise restra

in

ed unl ess it is objec tively reasonable and necess

the circum stances

lo

stop an assa

ul

t, escape or as necessary to ful

law enfo rcement o

bj

ec tives;

f. officers w

il

l not use fo rce aga

in

st persons who only

ve

rba

ll

y

co

n

fr

and do not impede a legitimate law en

fo

rcement

fu

nc

ti

on:

g CDP will ex

pli

c itly prohibi t the use of reta

li

atory fo rce by office rs

Retaliatory force inc

lud

es for examp le fo rce in excess of what is

reasonable to prevent an escape to punish individuals fo r

l

ee ing o

resist

in

g a

rr

est; and fo rce used to punish an indiv idual for di sresp

officers;

h. officers w

ill

not u

se

head s

tri

kes w

ith

hard obj

ec

ts except where

is justified. Officers will be trained that a strike to the head with a

weapon could result

in

death ;

1. other than

to

protect an officer

s

or other person

s

safety officers

force to subdue an

indi

vidual who is

no

t suspected

of

any crimina

J. CDP

s

po li

cy

will expressly prov ide that us

in

g a rearm as an im

is never an authorized tactic. Officers will be trained that use of a

an impac t weapon could result in death to suspects bystanders an

themselves;

k.

officers will not use neck holds;

I CDP will

co

ntinue to limit vehicle pursuits to those in w

hi

ch the n

capture

th

e suspect o

ut

weighs

th

e d

an

ger to the public. CDP w

ill

limit

th

e number of CDP

vehi

cl

es th

at may

be

involv

ed in a ve hi

c


19/110

necessary, officers

will

provide emergency first

aid

unti

I professio

ca

re providers are on scen

e.

47. As soon

as

practical following a use of force, CDP

wi ll

ensure that the incid

accurately and pr

ope rl

y reported, documented, and

in

ves

ti

gated. A fundam

th

e revised use

of fo

r

ce po li

cy

wi ll

be

to

account

for

review, and investigat

repor

ta

ble use of force

and

reduce any improper uses of force.

48. CDP wi ll track and analyze o

ffice

rs us

es

of force

to

hold o

ffi

cers acco

un

ta

unreasonable uses

of

force;

to

guide training and po

li

cy; and to identify poo

emerg

in

g trends.

B Use of

orce Policies

49. CDP

wi ll

develop a

nd

implement use of force policies

th

at comply w

ith

ap

a

nd

are adequate

to

ac

hi

eve the goals described

in

paragraph 45. The u

se o

po

li

cies w

ill

incorporate the

use

of force principles above, and will specify

unreasonable u

se

of force w

ill

su

bj

ect officers to the disciplinary process, p

criminal prosecution, a

nd /o

r possible c

ivil

li

ability.

50. CDP s policies w

ill

address the use and deployment of

it

s authorized force

tec

hn

ol

og

ies, and weapons that are available

to

CDP officers, including sta

weapons that are made ava

il

able

to

a

ll

officers and weapons that are made

only to specialized units. The policies will clearly define and describe each

option and

th

e c

ir

cum stances under which u

se

of such fo rce is appropriate.

51. CDP s po

li

cies related

to

specific weapons

wi ll

inc

lud

e training a

nd

certifi

requirements

th

at each officer must meet before

bei

ng permitted

to

carry a

n

authorized weapon.

52.

No

officer will carry any weapon that is not authori

ze

d or approved by CD

53. Prior to

th

e

use

of any approved weapon, the officer, when possible and ap

wi ll

communicate to

the

subject

and

o

th

er officers that

th

e use of the weapo


20/110

1 Firearms

55. Officers w

ill

not unh olster a

nd

display a firearm unless the c

ir

cumstances c

reasonable belief

th

at

leth

al

fo

rce m

ay

become necessar

y.

CD P

s

po

li

cies w

and training will teach proper techniques for unholstering di splaying poin

aiming a

firearm

and for determining when it is

ap

p

ropri

ate.

to do so.

T

he

review CDP

s

policies and training

to

ensure

th

at they comply w

ith thi

s par

an

o

ffic

er unholsters a firearm during

an

incident interaction or event

th

at

o

th

e

rwi

se trigger a reporting or data co

ll

ection requireme

nt

officers wi do

a firearm was unholstered. CDP

wi

ll a

nnu

a

ll

y collect a

nd

a

nal

yze

t i ~

data

56. U

nh

olstering a firearm a

nd po

inting it at a s

ubj

ect constitut

es

a Level 1 rep

of force and wi ll

be

reported and in

ves

tiga ted

as

suc

h.

The fo

ll

ow ing exce

reporting requirement will a

ppl

y:

a.

SWAT Team Officers

wi

ll

not

be

required to repo rt

th

e pointing o

at a s

ubj ec

t

as

a u

se of fo

r

ce

during

th

e execution

of

SWAT Team

b. officers who are deputi

zed

and assigned

to

a Federal Task Fo

rc

e w

required

to

report

th

e pointing of a firearm at a subject

as

a use of

co

nducting federal

ta

sk fo r

ce

opera

ti

ons during which a superviso

Reports or forms regarding any such

in

c

id

ents that are otherwise

a Task Force supervisor wi

ll be

provided to C

DP

;

c. officers assigned

to

the Gang Impact Narcotics Homicide Sex C

Domestic

Vi

olence and Financial Crimes Units

will

not

be

requi

the pointing of a firearm at a subj ec t

as

a use of force if done sole

entering a

nd

securing a building in connec

ti

on with the exec

uti

on

or search warrant a

nd

a superviso r prepares a report detai

lin

g

th

e

57. Officers

wi not

fire

wa

rning shot

s.

58. Officers

will

consider their surrou

ndings

before

di

scha

rg in

g

th

eir

firea

rm

s


21/110

60.

CD

P

annu

a

ll

y w

ill

prov

id

e at least 16 ho

ur

s

o

firearms training w

hi

ch

wi ll

pi

s

tol

, shotg

un

, a

nd

policy t

rai

nin

g. In

co

nsultation with

th

e Monitor, CDP

develop a plan lo provide appropriate night, reduc

ed

light , and stress trainin

officer

s.

Officers wi

ll

successfu

ll

y qualify w

ith

each firearm they are autho

or carry on-duty at least annually. Officers w

ill

be required to qualify us

in

g

standards a

nd

w

ill

not be permitted

to

ca

rr

y any fir

ea

rm on which th

ey

fai

le

2 Electronic ntrol Weapons

6

1.

Officers wi u

se

Electronic Co

nt ro

l

We

a

pon

s (''ECWs ) only where: ( I) g

arrest or

de

ten

ti

on arc

pr

ese

nt

a

nd

the subj

ec

t is

ac ti

ve

ly

or aggressively

re

s

lesser means would

be in

effectiv

e;

or

(2) such

fo

rce is necessary to protect

th

e subj

ec

t, or another party

from imm

ediate

phys

ical harm, a

nd

lesser mea

ineffec

ti

ve or have been tri

ed

and faile

d.

62.

Eac

h s

ta

ndard 5-seco

nd ECW

app

licati

on is a

se

parate u

se

of

fo rce th

at off

individually

ju

stify as reasonable. After the first ECW applica tion, the offi

reeva

lua te

the situa

ti

on to detennine if s

ub se

qu ent cycles are reason

ab

l

e.

I

determining whe

th

er any

add iti

onal

ap

plication

is

reason

ab

le, officers will

a subject may not

be

a

bl

e

to

respond to commands during or imm

ed

iately

f

EC

W a

ppli

cation. Officers w

ill

not employ more than three cycl

es

o an E

a subject during a s

in

gle

in

c

id

e

nt.

63. Officers wi

ll

cons

id

er lrans

itio

ning to alte

rn

ative control measures if the su

not respo

nd

to

ECW

application

s.

64. Officers w

ill

not use

EC

Ws in

drive

stun mo

de

so lely as a p

ai

n co

mp

liance

Officers may use ECWs in drive s

tu

n mode o

nl

y to supp lement

th

e probe m

complete

th

e

in

ca

p

aci

tation

ci

rcuit, or

as

a counte

rm

easure

to ga in

separati

o

t1icer

s a

nd

the subj ect so that officers can

co

nsider another force o

pti

on.

65. Officers wi determine

th

e reasonableness

orECW

u

se ba

sed

up

on all

th

e


22/110

in

cluding

fa ll

ing, l

os

in

g cont

ro

l

of

a moving

vehi

cle, or becoming ignited f

presence

of

potentially explosi

ve or

fla

mm

a

bl

e materials or s

ub

stances; or

subject is visibly pregna

nt

, apparen

tl

y elderl

y

a ch

ild

, visib ly

frai

l, h

as

obv

body

ma

ss, or is

in ap

parent medica l crisis.

67. Officers w

ill not

u

se ECWs

on

flee

in

g per

so

ns who

do no

t pose a threat

of

ha

rm

to officers, other civilians, or themselves.

68. Officers will not i

nten

tionally target ECWs to a subject s head, neck, or ge

69 . Officers will not normally use ECWs on handcuffed or

re

strained persons.

be used on hand cuffed or restrained persons only where the subject is displ

aggressive ph

ys

ical

re

sistance and lesser means would be ineffective or hav

and

fa iled.

70. O

ffice

rs w

ill

carry

ECWs

in a weak-si

de

holster

to

redu

ce

the chances

of

a

drawing and/or tiring a

fir

ear

m.

71.

Officers will

be

trained

in and

fo

ll

ow protocols developed by C

DP

,

in

co

nj

th

e City s

EMS

professional

s

on

th

e officer s res

pon

si

bi li

ties fo

ll

ow

in

g

EC

including:

a.

res

tri

ctions on removing ECW probes,

in

cluding the requirements

th

e

ne

xt paragraph;

b. understa

ndin

g the risks

of

p

os iti

onal asphyx i

a

and us

in

g

res

t

ra in

t

that do not

imp

ai r the s

ubj

ect s

re

spiration fo llow

in

g a

EC

W app

l

c. monitoring a

ll

s

ubj

ects who have recei

ved

an

ECW

ap

pli

cation w

custody; a

nd

d. in form in

g medical personnel

of

a

ll

subjects who have been subjec

multiple

EC

W applications, including prolon

ged

applications (mo

seconds); or who appear to be under the influence ofdrugs or exh

symptoms associat

ed wi

th exc

ited de

lir

ium

; or

who

were kept

in


23/110

73. In addition

to

the force reporting requirements o

utl

ined

in

paragra

ph 88,

of

clearly articu late and

ju

stify the following regar

din

g the

ir

ECW use in a wr

na

rr

a

ti

ve:

a.

each and every ECW cycle u

sed

on a subject or attempted against

b. use

o

the

EC

W

in

drive stun mode;

e.

EC

W application

for

mo

re th

an

5

seco

nd

s;

d.

continuous cycl

in

g

o an

ECW;

e. ECW

applica

ti

on on a

fl

ee ing person; and

f ECW ap plication by more than one officer.

74. Oflicers

who

have been issued ECWs

wi ll

recei

ve

annual ECW

ce

rtifi

ca

tio

wi

ll

consist o

ph ys

ical competency; weapon retention;

CD

P po

li

cy, includ

policy changes; tec hnolo

gy

changes; and scenario-based training.

75.

CDP wi

ll

develop a

nd

implement integrity safeguards on the use

o

ECWs

compliance with

CD

P po

licy.

CDP

wi ll

conduct

qua1ter

ly downloads o al

CDP will

conduct ra

nd

om a

nd

directed audits

o

ECW

app

li

cation data, w

h

pro

vided to the

Moni

tor for review. The aud its should include a comp ariso

downloaded data to

th

e officer s

Use o Fo

r

ce

Reports. Discrepancies w

ith

sho

uld

be

add

ressed

and

appropriately

in

vestigated.

76. ECW

app lic

a

ti

on data will

be

tracked

and

analyzed

in

CDP s Officer lntcrv

Progr

am.

3. Oleorcsin Capsicum Spray ( OC Spray )

77. Officers will apply OC spray only:

I)

when such

force is

reasonable to pr

officer,

th

e

su

bj

ec t, or another party from physical h

a1m

and lesser means w

in

effective; or 2) for crowd dispersal or protection and other means would

intrusi

ve or

less effec

tive.

78. After one standa

rd

OC spray (one second), each subseque

nt

application

is


24/110

a

nd fa

iled.

80. Officers will be tra

in

ed in and fo

ll

ow protocols developed

by

CD P in conju

the Ci t

y s

EMS professionals, on the officer s responsibilities fo llow

in

g

OC

including:

a. decontamin a

tin

g every s

ubj

ect exposed to che

mi

cal sp r

ay by

us

in

to flush the subject s face and eyes within 20 minutes of gaining c

scen

e.

Office rs need not decontamin ate s

ubj

ects who were

on

ly s

exposed to OC spray, for example, when OC spray is used

fo

r cro

un less requested by the subj ect;

b. understanding

th

e risks of positional asphyx i

a and

usi ng restraint

lhat

do

not impair the subj

ec

t s respiration fo llowing an

OC

spray

c. requesting m

ed ic

al response or assistance for subjects exposed to

when they compl

ai

n

of

conti

nu

ed effects after hav ing been decon

th

ey indi

cate that they have a pre-exis

tin

g me

di

cal condition (e.g.

emph yse ma bronchitis, heart ailment, etc.) that may be aggravate

spr

ay.

81. Officers

wi

ll carry only CDP issued

OC

spr

ay.

82. CDP wi maint

ain

docum enta tion of tbc number of OC spray cani sters dis

a

nd

uti zed by each officer.

83. OC spray a

ppl

ication da ta will be tracked and analyzed

in

CD P

s

Officer In

Program.

C. Use

of

Force Training

84. As part

of

its training requireme

nt

s

in

Sec

ti

on XI

of

this Ag reeme

nt

, wi thin

the E

ff

ective Dat

e

CDP

wi

ll provide all current officers use

of force

traini

ade

qu

ate in

qu

alit

y

quantit

y

scop

e

a

nd

type a

nd

that includes:

a. p

ro

per use of force decision-makin

g;


25/110

containment survei llance waiting out a subj ect summoning reinf

u

si

ng cover calling in specialized units or delaying arres t may be

appropriate response to a s

itu

ation even when the use of

fo

rce

wo

legally justified;

e.

role-playing scenarios and interactive exercises that illu

st

rate

pr

op

force d

ec

ision-making including training on the importance

of

pe

interven

ti

on;

f.

the proper deployment and use

of

a

ll

interm ed iate weapons or tech

g. the

ri

sks

of

prolon

ge

d or repeated

EC

W exposure including that e

EC

Ws for longe r

th

an

5

seco

nd

s

w

hether due to multiple applic

continuous cyc

ling)

m

ay

in

crease

the

risk

of

death or se

ri

ous

phys

h.

the increased risks ECWs m

ay

present to a subject who is pregnan

c

hi

ld

fr

a

il

has low body mass or is

in

medical cr isis;

1.

that when u

si

ng an

ECW

the d

rive

stun mode is genera

ll

y less eff

the probe mode and wh en used repeatedly, may exacerbate the si

J.

firearms training as de sc ribed

in

paragraph 60;

k.

fac

tors

to

con

si

der in initiating or

co

ntinuing a ve

hi

cle pursuit ; an

I for

supervi

so

rs of a

ll ran

ks as part

of

their initial a

nd

annual in-se

supervisory trainin

g,

training in conducting use

or

force investi

ga

strategies for e

ffe

ctively dir

ec tin

g officers to minimize uses

of

fo r

intervene effectively

to

pre

ven

t or stop unreasonable force; and su

officers

who

repo

rt

unreasonable or unrepo

1t

ed

fo

rce or who are

agajnst for attempt

in

g to prevent unreasonable force.

85. CDP al

so wi

ll pr

ov

ide the use

of

force training de scribed in paragraph 84 t

officers as part

of it

s

tr

aining Academy.

86. CDP

wi

ll

provide a

ll

officers with annual u

se

of

force

in-

se

rvice

tr

aining th


26/110

force will be di v

ided in

to three levels. The three levels for the reporting,

in

and review of use o

fo

rce correspond

to th

e am ount o force used

an

d/or th

of the force. T

hi

s Agreement s categorization

o

these typ

es o

uses

o fo

rc

on

th

e

fo

llowing

fac

tor

s:

potential of

th

e t

ec

hnique or weapon

to ca

use inju

o injury caused; degree o pa in experienced; degree of

di

sability

ex

pe

ri

enc

subject; complaint

by th

e subject; degree

o

restraint of the s

ubj

ect;

imp

airm

functio

nin

g

o

any organ; duration

o

force;

an

d physical

vu

ln

e

rabi li ty o

th

Each level

o

fo

rce will require increasingly

ri

go rou s reporting, investigatio

review. The

le

vels o force are de

fin

ed

as fo ll

ows:

a.

Level 1 is

for

ce

th

at is reasonably expected to cause o

nl

y t

ra

nsien

di

sorientation during its application as a means o gaining compli

including pressu

re

point compliance and j

oi

nt manipulation techn

that is not reasonably expected

to

cause

inj

ury, does not result in

inj

ury

,

an

d

do

es not result in a co

mpl

a

int o

injury. It does not

in

escorting touchin g, or handcuffing a person with no or minim al r

Un holstering a firearm and pointing

it

at a subject is repo

rt

ab le as

use o force with

th

e exceptions se t forth

in

paragraph

56

.

b.

Level 2 is force

that

causes

an

injur

y

co

uld

reasonably

be

expec

t

an injury or results in a complaint o

an in

j

ur

y, but does not rise t

o a Level 3 use o force. Level 2

in

cludes the use o an

EC

W, in

where

an EC

W is fired at a person but

mi

sses; OC Spray app

li

cat

weaponless defense techniques (e.g., elbow or closed-fist strikes,

sweeps,

and

takedowns); use of an impact weapon, except fo r a s

head, neck or face with an impact weapon; a

nd

any canine appreh

c.

Level 3 is force that inc

lud

es: (1) uses

o

le

th

al

for

ce; (2) uses

o

re

s

ul

t

in

g

in

death or se

ri

ous

phys

ical injury; (3) uses

o force

resu


27/110

whether continuous or consec

uti ve;

a

nd 7)

any Level 2 use of for

handcuffed subj ec t.

88. A

ll

officers using or observi

ng

force will report

in

writin

g,

before

th

e e

nd

o

the use of force

in

a Use of Force R

epo rt.

The Use ofForce Report w

ill inc

detailed account of

the in

c

id

ent

fr

om t

he

officer's

pe

rspec

ti

ve; (2) the reaso

initial p

ol

i

ce prese

nce; (3) a spec

ifi

c description

of th

e acts that l

ed

to th

e u

(4) the level of res istance encountered; and (5) a co

mpl

e

te

and accurate des

every type

of

fo

rce used or observed. Th e use

of

force reporting policy

wi

l

prohibit the use of conc

lu

sory statements, ''bo

il

erplate, or canned langua

' furtive movement or li

gh

ting stance ), witho

ut

suppo

rti

ng detail.

89. Officers w

ill be su

bject

to th

e

di sc ip li

nary process

for

material omissions o

mi

sreprese

nt

ations

in th

eir

l:Jse

ofForce Reports.

90. Officers w

ho

use or observe

fo

rce a

nd

fa

il

to

report it

wi

ll

be s

ubj

ect to the

process,

up

to and includ ing termination, rega rdle

ss

of whether

th

e force w

reason

ab

le.

9 1. Officers

wh

o u

se

or obser

ve force

w

ill

notify

th

e

ir

s

up

ervi

so

rs, or ensure th

s

upervisors have been notified, as soon as practical following any use of fo

officer who becomes aware of an a

lle

ga tion of unreasonable or unreported

another officer must

imm ed

iately notify his or her su

pe

rviso r of that allega

92. Use

of

Force Reports w

ill be

maintained centrall

y.

E. Use of Force Investigations

93. /\superviso r who was involved

in

a u

se

of

force

, including by

pa

rtici

pa

ting

orde

rin

g the

fo

rce under inves

ti

gati

on, will not inves

ti

gate

th

e incident or r

Use of

Fo

rc

e Reports

for

approval or

di

sapproval.

1 Investigations of Level 1 Uses of Force


28/110

completed within 5 days o the use o force.

t

is not mand atory fo r superv

report to the scene of a Level use o force. Supervisors will elevate and i

any Level l use

o

fo

rce that appears

to

have violated policy

or

was improp

catego

ri

zed as a Level I use of

fo

rce.

f

a supervisor determines that an ofl

reveals evidence o a use o force involving potential c1iminal co ndu ct, he o

imm edi ately notify Internal Affairs.

2 Investigations of Level 2 Uses of

orce

95. The di rect supervi

so

r o the officer(s) using force, upon notification o a Le

force

in

cident or allegation o excessive force, will respond to the location

occu

rr

ence. Where the force is a Level I bu t the subject has a lleged excess

the supervisor

wil

l respond to the scene to determine whe

th

er a Level I or

investigation should be conducted.

96. If a CDP supervisor uses a Level 2 use

o

fo rce, a superviso r

o

a higher ran

respond to the location

o

the occurrence and comply with the requirement

section.

97. For all Level 2 uses o force, th e direct supervisor wlll:

a.

respond to the scene, examine the subj ect o the force for injury, a

the s

ubj

ect

for

complai

nt

s

o

pain a

fte

r advising

th

e subj

ec

t that

th

pertains only to the use or force and not to any

und

erly

in

g alleged

that the subject need not answer questions;

b.

where appropriate, ensure that the subj ect receives medical atten ti

appropriate me

di

cal provider;

c.

obtain

an

iden

ti

fy

ing number that a

ll

ows CDP to track the use

o

d. identify and co llect all evidence relevant t the use of force and e

ev

id

ence to determine whether the use

o

fo rce: ( 1 was

co

nsisten

po licy; and/or (2) raises any pol

icy

, tr

ai

ning, tactical, or equipmen


29/110

f. ensure that a canvass fo r civilian witnesses is condu cted and interv

civilian witnesses. S

up

erviso rs will either record the in terview or

ci

vi lian

witnesses

to

provide a

nd

sign a written stateme

nt

in

their

g. ensure that a

ll

officers witnessing a use

of

force incident by anoth

co

mplete a Use of

Fo

rce Report. Supervisors w ill ensure that all U

Reports ide

ntify

a

ll

officers who

we

re

invo

l

ve

d in the

in

cident, wi

incident, or we re on the scene when

it

occurred;

h.

ensure that

in

vo l

ve

d

of

ce

rs arc inte rviewed separately

fro

m one

Group interviews w

ill

be prohi bi ted. Supervisors wi ll not

as

k offi

witnesses l

ea

din g

qu

estions

th

at suggest legal

ju

stifi

ca

t

io

ns

for

the

conduct, where such quest

ion

s are contrary to appropriate law enf

techniques; and

1.

each inves

ti

gating supervisor w

ill

provide a

bri

ef written synopsis

im med

iate s

up

ervisor, w

hi

ch w

ill

be fo rwarded through the cha

in

to the

Di

strict Com mander by the end

of

the shift on w

hi

ch

th

e fo

docum enting the s

up

erviso r

s pr

eliminary determination of

th

e

appro

pri

ateness or

the

use

of

fo r

ce.

98. The

inves

tigating supervisor wi

ll

ensure that all Use of

Fo

rce Reports inclu

in

fo

rm

ation required by this Ag reement and

CD

P po licy; consider all relev

evidence , including circumstantial, direct, and physical evidence,

as

approp

make credibility determinations if feas ibl

e.

Supe rviso rs will make a

ll

reas

efforts th rough the

in

vestiga tion to resolve material inconsistencies be twee

subject, and wi tness statements, as we

ll

as in

consistencies between the leve

cla

im

ed by

th

e

offi

cer and the subjec

t

s

inj

uries, a

nd in

consistencies betwe

o

ffice

r

s.

C

DP

will tra

in

a

ll in

vestigating s

up

erviso rs on how to e

ffec tive

ly

these tasks.


30/110

extension to this deadline

mu

st be au thorized

by

a Di strict Co mmander. T

h

will i

ncl

ude

th

e

fo

llow

in

g:

a.

th

e supervisor s na

rr

a

ti

ve

descrip

ti

on

of

th

e incide nt,

in

cluding a p

descrip

ti

on of

h

e evidence that ei ther just

ifi

es or fai ls to justify th

conduct based on the sup ervi

so

r

s

independent review of the facts

circ

um

s

tan

ces of

th

e

in

c

id

ent;

b.

d

oc um

entation of a

ll

ev

id

ence that was ga thered, including names

numbers, an d ad dresses

of

witnesses to the

in

c

id

en

t.

In situa

ti

ons

there are no known witnesses, the report will specifically state tha

si

tu

ations in which witnesses

we

re present b

ut

circums

tan

ces prev

supervisor fro m determining the identification,

ph

one

nu

mber, or

those witnesses, the report will state the reasons why. The report s

incl

ud

e all ava

il

ab le identi

fy

in

g information fo r anyone who refus

p

rov

ide a statement;

c. the names of all CDP employees who used force or witnessed the

d. the investigating superviso r s evaluation of the use

of

fo rce, based

supervisor

s

review of the evidence gathered,

in

cluding a determi

whether the

of

fi

ce

rs actions appear to be within CDP policy and

with state and federal law; and an assessment of the inc ide nt for

p

trainin

g

tac tica l or equ ipm ent conce

rn

s

in

cluding whether the us

may have been avoided th rough

th

e

use

of de-escalation techniqu

fo r

ce

options; an d

e. documen tation of any non-disci plinary corrective action take

n.

I

0 1.

Investigatory supervisors will be subject to the disciplinary process for fa il

adequately investigate and doc

um

ent a use

of

force and mate

ri

al o

mi ss

ions

misrepresentations in the supervi

so

ry investigation. An investi

ga

tory supe


31/110

suppor

te

d using the

pr

eponde rance of the evidence standard . Each level in

comm and wi

ll

review the repo

rt

within 72 hours

of

receiving it Reviewing

in

th

e chain of comma

nd

wi

ll

or

der add

iti

onal

in

ves

ti

ga

ti

on

wh

en it ap pears

ad

di

ti

onal relevant evi

de

n

ce th

at m

ay

assist in resolving inconsistenci

es

or

re

li

ability or credibility of the

fin

dings

IOJ Wh ere the findings of the Use of Fo rce Report are not sup po rted by a prepo

the evidence the investigating supervisor s chain of command will doc

um

e

reasons for this determination and wi

ll

inc

lu

de thi s docum entation as an ad

the original

in

vestiga

ti

on Th e investigating s

up

ervis

or

s supe

ri

or w

ill

cou

investi

ga

ting supervisor regarding

th

e in adequately supported de terminatio

investiga tive de ficiencies that led to it The

Di

st

ri

ct Comm ander will be re

the accuracy a

nd

co

mp

leteness

of

Use of Force Reports prepared by superv

th

eir co mm a

nd

.

I 04. Where an investigating supervisor condu cts deficient investigations the su

receive the appropriate correcti ve action including training or demotion in

with performance evaluation procedures and/or

th

e

di

sciplinary pro cess.

1

05 Wh enever an investigating supervisor reviewing supervisor or

Di

strict Co

finds evidence of a use of fo rce in vo lving pote

nti

al criminal

co

ndu ct by an

or she will

suspe

nd th

e

for

ce

in

vestigation imm e

di

ately a

nd

no

ti f

y Inte

rn

al

Inte

rn

al Affairs

wi ll

imm

ed

iately no

ti f

y FIT. which w

ill tak

e over bo

th th

e

administrative investiga tio

n

106 . When the Dis trict Commander fi nds that the investigation is complete and

are supported by the evidence the investigation fi le will be promptly fo rwa

Internal A

ffa ir

s. Internal A

ff

a

ir

s w

ill

review

th

e investiga

ti

on to ensure

th

a

co mplete and that the findings arc supported by the evidence.

I07.

Wh

en Internal Affairs completes its review it will forward the complete

fi


32/110


33/110

3 Prior to performing FIT duties, FIT members

will

recei

ve

FIT-specific train

adequate in qua

li

ty, quantity scope, and type, includ

in

g FIT procedures, in

ca

ll

ou t and investigative protocol

s; th

e differences between admini strative

investigations

and

how each should

be

conduct

ed; in

ves

ti

gations oforticer-

shootings;

inve

stiga

tive

equipment and techniques; a

nd

proper

ro

les of the

on-scene counterparts, such

as

crime scene tech

ni

cians; the Monitor; any o

inves

ti

gating agency; the prosecutor s office; and OPS. The training also w

techniques

for

objective

fac

t-gathering and evaluation a

nd th

e facto rs to co

evalu

ating cr

ed

ibility.

FIT in

vestigators al

so

w

ill

rece

iv

e annual

in

-service

is adequate

in

quantity, qua

li

ty , type, and scope .

114. With

in

days from the Effec tive Date, CD P will identify, assign, and train p

the FIT to fulfill the requ irements

of

this Ag reement.

115 FIT will respond to the scene of every in

ci

dent

in

vo lving a use of fo rce

fo

r

required to

co

nduct an investigation. The

FIT

leader will immediately noti

appropriate prosecutor s office.

If

the

Ci ty

elects to utilize

an

o

ut

side agen

conduct

th

e

cr

im

in

al

inve

s

tiga ti

on,

th

e

FlT

leader w

ill

no

ti

fy

th

e designated

agency to respond to the scene to conduct the criminal investiga tion.

116. CDP will develop and imp lement policies to ensure that, where an outside

co

nducts the

cr

iminal investiga lion,

FIT

co

ndu

cts a

co

ncurrent

and

thoroug

ad ministrative

in

vestigation.

7. Before using an outside agency to co

ndu

ct cri min al investiga tions, C

DP

wi

memorandum of understanding with the outs ide agency to ensure lhat afte

appropriate prosecutor review, completed criminal investigations are provi

and the

Moni

tor, a

nd th

at

info rm

a

ti

on obtained from or

as

a

re

s

ult

of any c

interviews ofofficers is not prov

ided

to criminal investigators. The memo

understanding also will

de

lineate

re

sponsi

bi li ti

es between the two

age

ncies


34/110

a. a

ss ume

control of the use of force investigation

up

on

th

eir arrival ,

outs

id

e agency is

co

nd uc ting the criminal investigation and contro

scene by the crim ina l investiga ting body is appropriate;

b. ensure

th

at a canvass fo r, and in

te

rview of, civ

ili

an witnesses is co

Fl team members. FIT members w

ill

e

ith

er record

th

e interv

iew

en

co

urage civilian witnesses to

pr

ov

id

e and sign writt

en

statemen

own wo rds, but will take info rmation from civilian witnesses who

pertinent in

fo

rm

a

ti

on even

if

they refuse to

be

reco

rd

ed or refuse

or si

gn

a

fo

rmal statement;

c. arrange for photographing and processing of the scen

e;

d. ensure that all evidence that could establish material facts related

force includ ing aud io and video recordings, photographs, and oth

documentation

of

injuri

es

or

th

e abse

nc

e

of

injuries is co

ll

ected;

e. exam

ine

the subj ect

fo

r injury, photograph areas of injury or com

inju ry

interview the subject for complaints of pain after advis

in

g

th

at

th

e interview pe

rtai

ns o

nl

y to the u

se

of force and n

ot to

any

alleged crime and that the subject need not answer questions, and

the subj ect receives medical atte

nti

on from an appropriate medica

f. ensure

th

at all officers witnessing the use of fo rce by another offi

a use

of

force report regarding the incident;

g. review all use of fo rce reports to ensure that they

in

c

lud

e the info

required by CDP policy;

h. consiste

nt

with app

li

cable law, interview

all

officers

who

witness

otherwise involved in the incident. To the extent possible, officer

separated until interviewed. Group interviews wi

ll

be prohibited.

ask officers or other witnesses leading questions that suggest lega


35/110

1.

arran

ge for

body worn camera v

id

eo downloads;

j . prov

id

e an initial briefing to a training representative at the start o

in

vestigation to ens

ur

e

th

at any training issues that require immed

attention are

id

entified, a

nd co

ntinue to consult

as

appro

pri

ate

wi t

training representative; and

k. make all reasonable efforts through the

in

vestigation to resolve m

inconsistencies between the officer, subject, and witness statemen

inconsistencies bet

we

en the

le

ve

l of

fo

rc

e claimed by

th

e offi

ce

r

a

s

ubj

ec

t

s injurie

s.

9. On

at least an annual

ba

sis, the Monitor w

ill

determine whether the crimi

na

in

ves

ti

ga tions conducted by

th

e o

ut

s

id

e agency are consistently objective, t

comprehensive.

If h

e Monitor determin

es

that

th

ey are not a

nd th

e C

it

y

di

Co urt will resol

ve th

e

di

sagreement.

f

a determina

ti

on is made

th

at

th

e

in

v

arc not consistently o

bj

ective,

tim

ely, and

co

mprehensive, the

mem

orandum

understanding will

be

terminated and

th

e FIT will assum e

re

spons

ibi

l

ity

fo

a

ll

criminal inv

es ti

gations ofuses of fo r

ce

.

120. Ir

th

e FfT leader determines that a case h

as

the potential to proceed crimina

co

mp

e

ll

ed interviews of the subject offi ce r s) w

ill be

dela

ye

d.

No

o

th

er pa

inves ti

gation w

ill be

held in abeyance

un

less spec

ifi

ca

ll

y a

utho

rized by the

consultation with the agen

cy

condu cting the criminal investiga tion and the

prosecutor s office.

121.

Th

e

FI

T leader will comple

te

a preliminary report that w

ill be

prese

nt

ed to

Po

li

ce or the C

hi

er s designee as soon as poss

ibl

e, but absent exi

ge

nt circu

la

ter than 24 hours after learning of the use of fo rce.

122. With the exception of compelled interviews as described

inp

arngraph 120,

co

mp le te its administrative in

ves

tigation within 60 days.

An

y request

fo

r a


36/110

FIT will p

re

pare an investi

ga

t

io

n report and recom

me nd

whether the prepo

the evidence establishes that the invo lved officer(s) violated CD P po

li

cy, a

any trai

ni

ng or po

li

cy conce

rn

s are presented. FIT's inves

ti

gative report an

reco

mm

e

nd

ations w

ill be

reviewed

by

t

he

h

ea

d

ofl

ntemaJ Affa

irs.

Within

business days, the head of Internal /\ffai rs will approve or disapprove FTT s

recomm end ations, or reques t that FIT condu ct additional investi gation. An

ad

dition

al in

vestiga tion and

th

e FIT s response will be docum e

nt

ed and

ma

the investi

ga

tory

fil

e. Inte

rn

al

Affairs will

fo

rward

th

e

in

vestigative report

of Police for review and approval.

123. CD

P will revise the FIT manual to ensu re at

it

is consistent w

ith th

e fo rce

outlined in t

hi

s Agreement and includes the fo llowing:

a. guidance on an appropriate approach when providing arrity war

protections to

of

fi

cers

fo

r answering qu

es

ti

ons regard

in

g th

ei

r use

b. clear procedu

res to

ensu

re

appropriate separa

ti

on of criminal and

a

dmi

nistrati

ve

investigations in the event of

co

m

pe ll

ed subj ec t of

state ments;

c. definitions of all releva

nt

d. clear statements of the mission a

nd

authori

ty

of FIT;

e. procedures fo r report writ

ing;

f procedures

fo

r objective fac t-ga

th

ering and eva

lu

a

Department of Justice agreement with city of Cleveland

Documents

Transcript of Department of Justice agreement with city of Cleveland