IMPLEMENTATION OF

CLEVELAND’S ROAD TO REFORM

The City of Cleveland

and the

U.S. Department of Justice

September 30, 2015

CITY AND DOJ AGREE UPON REFORMS

• On May 26, 2015, the City and the U.S. Department of Justice (DOJ) entered into a settlement agreement that U.S. District Court Judge Solomon Oliver then approved and entered as a consent decree on June 12, 2015. A Court-appointed monitor will assess and report whether the City is fulfilling its obligations.

• Judge Oliver stated:

“[T]he terms of the Parties’ Settlement Agreement are fair and equitable…the requirements set forth in the Settlement Agreement are designed to achieve significant and effective reforms in the manner in which police services are provided throughout the City of Cleveland…those reforms are consistent with…the requirements of the Constitution.

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CITY AND DOJ AGREED UPON REFORMS

• The settlement agreement contains reforms designed to:

• Foster a strong relationship between the police and the community

• Ensure constitutional policing, particularly in the use of force, searches and seizures, and crisis intervention

• The settlement agreement terminates upon the City’s substantial and effective compliance with the material requirements

• Anticipated to be in five years, or earlier if the police have achieved sustained and continuing improvement in constitutional policing as demonstrated by outcome measures

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AREAS OF REFORM

Reforms and new CDP responsibilities and requirements are centered on the following general areas: • Community engagement • Training, including crisis intervention • Policy review and revision • Internal review, accountability, and oversight • Equipment and personnel resources

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ACTIONS TO COMPLY WITH THE AGREEMENT AND EFFECT REFORM

• Community Engagement • Establish a Community Police Commission

• Expand the District Policing Committees

• Training • Train all police officers in certain areas

• Establish new training for specialized duties

• Policy Review and Revisions • Review and revise policies related to the Settlement Agreement

• Establish new protocols in areas of search and seizure and crisis intervention

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• Internal Review, Accountability, and Oversight • Revamp Police Review Board/Office of Professional Standards

• Make changes to internal investigations of use of force and misconduct

• Establish new oversight mechanisms

• Collect, analyze, and measure data

• Equipment and Personnel Resources • Study equipment and personnel needs and deployment

• Develop plan that includes in-car computers and enhanced recruiting measures

• Select a Monitor • Provide office space and necessary equipment

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ACTIONS TO COMPLY WITH THE AGREEMENT AND EFFECT REFORM

COMMUNITY POLICE COMMISSION

• 13-member independent commission with the following mandates:

• Work with Cleveland communities to develop recommendations

• Make recommendations on policies and practices related to:

• Community and problem-oriented policing

• Bias-free policing

• Police transparency

• Report to the community

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COMMUNITY POLICE COMMISSION

To fulfill these mandates, the Commission will:

• Hold public meetings

• Review, assess, and comment on police policies,

practices, training, and police reform measures

• Issue reports to the community related to its activities and its recommendations

• Work with District Policing Committees 8

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TRAINING

• Significant training of all officers and other Public Safety employees

• Other additional training in specialized areas

• To be accomplished within the first two years

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• Police Training Review Committee to develop written training plan on these topics: Community and problem-oriented policing

Bias-free policing and procedural justice

Use of force

Crisis intervention

Stop, search, and seizure

New internal investigation procedures (FIT, FRB, Internal Affairs)

Supervision and leadership

OPS investigations

Call taking and dispatching

Field training responsibilities

TOPICS, CURRICULUM AND METHODS

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TOPICS, CURRICULUM AND METHODS

• Instructional strategies to incorporate active-learning methods such as problem-solving and scenario-based activities based on current theories of learning

• Training to be electronically tracked and maintained with ability to produce complete and accurate records of current curricula, lesson plans, training delivered, and other training materials in a centralized electronic file system

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POLICY REVIEW AND REVISION

Review and revise all policies and establish new policies and protocols in several areas, including:

• Use of force – Revamp reporting and review of use of force incidents

• Search and seizure – Officers required to document and report investigatory stops, searches, and arrests broken down by:

• District

• Reason for stop, search, or arrest

• Type of arrest

• Actual or perceived age, race, gender, and ethnicity of subject

• Rate at which the encounters resulted in an arrest or summons

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POLICY REVIEW AND REVISION

• Crisis Intervention – Enhances and expands City’s current crisis intervention efforts.

• Develop a Mental Health Advisory Committee to foster relationships and support between the Police, the community, and mental health providers to identify problems and develop solutions to improve outcomes for individuals in crisis • Will explore approach to individuals in crisis that will involve dispatching a mental

health expert along with the police

• Designate a Crisis Intervention Coordinator at the rank of captain or above to interact with the mental health community and to coordinate the City’s Crisis Intervention Program

• Crisis intervention training for all officers

• Enhanced training for designated officers to provide specialized response to individuals in crisis

• Develop a Specialized Crisis Intervention Plan • Goal: Ensure that a specialized Crisis Intervention Officer is available to respond to all

calls and incidents involving an individual in crisis

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INTERNAL REVIEW AND ACCOUNTABILITY

• Police Review Board/Office of Professional Standards • Revamp procedures and outreach to increase community

awareness of the Office and streamline investigation and review of citizen complaints • Increased training of OPS investigators

• Establish time and electronic-tracking requirements for investigation and review of civilian complaints

• Increase awareness of Office of Professional Standards and Police Review Board and make complaint forms widely available in both English and Spanish (and in both hard-copy and digital form)

• Increase reporting requirements about types and dispositions of complaints

• Propose changes to appointment and composition of Police Review Board

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INTERNAL REVIEW AND ACCOUNTABILITY

• New Personnel • Police Inspector General to review policies, procedures,

PRB/OPS investigations, and disciplinary outcomes; audit compliance with policies and procedures; conduct investigations; analyze trends.

• Civilian Head of Internal Affairs, the unit that conducts investigations of internal allegations of officer misconduct.

• Data Collection and Analysis Coordinator and team to ensure collection and tracking of all documents and data related to use of force and misconduct investigations, and stops, searches, and seizures; and assessment, analysis and reporting of that data.

• Project Coordinator for Implementation to coordinate compliance with the settlement agreement

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INTERNAL REVIEW AND ACCOUNTABILITY • Electronic Data Collection, Analysis and Reporting – City

required to create and maintain electronic systems to collect, analyze and report on data related to all aspects of its police functions, including:

• Interactions with citizens and suspects

• Internal investigatory and disciplinary processes

• OPS investigations

• Training

• Data regarding use of force and stops, searches, and seizures

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EQUIPMENT AND PERSONNEL

• Equipment – Police to complete comprehensive equipment and resource study and develop equipment and resource plan providing for at least the following:

• Computers

• Zone cars

• In-car computers

• First-aid kits

NOTE: Because the study has not been done, any new costs resulting from the study and plan are unknown.

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EQUIPMENT AND PERSONNEL

• Personnel – Police to complete a comprehensive staffing study and develop a staffing plan providing for at least the following:

• Deployment to ensure effective community and problem-oriented policing

• Sufficient number of well-trained staff and resources to conduct timely misconduct investigations

• To the extent feasible, unity of command

• Sufficient number of supervisors

NOTE: Because the study has not been done, any new costs resulting from the study and plan are unknown.

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RECRUITMENT PLAN

• Recruiting – Police to review and revise recruitment and hiring program to ensure that CDP attracts and hires diverse group of qualified individuals

• Develop recruitment policy and strategic plan to attract individuals familiar with the different neighborhoods of Cleveland. This provides a diverse cross-sections of the community.

• Conduct thorough, objective, and timely background investigations that assess criminal history, employment history, use of controlled substances, and ability to work with diverse communities.

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MONITOR • The City and the DOJ will select an Independent Monitor, answerable

to the Court, to assess and report whether the requirements of the Agreement have been implemented, and whether the implementation is resulting in constitutional and effective policing, professional treatment of individuals, and increased community trust of the police.

• The Monitor will:

• Conduct reviews, audits, and qualitative and quantitative assessments

• File written, public reports with the Court every six months

• Hold public meetings with the community, including Community Police Commission and Cleveland City Council

• Biennially conduct a community survey regarding experience with and perceptions of the police

• Appointed for five years; two more if necessary 20

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INFORMATION TECHNOLOGY SUPPORT

• IT Capital (Upfront) Costs - 2016

• Computer Aided Dispatch (CAD) $ 600,000

• Records Management System (RMS) $ 900,000

• Additional Equipment/Hardware $1,700,000

• Initial Software $ 250,000

• Total Capital (Upfront) Costs $3,450,000

• IT Annual (Reoccurring) Costs

• Computer Aided Dispatch (CAD) $ 315,000

• Records Management System (RMS) $ 367,500

• Software Systems $ 157,500

• Total Annual (Reoccurring) Costs $ 840,000 RO

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DOJ SETTLEMENT AGREEMENT Total Cost Estimates:

• Upfront Costs - 2016

• Community Police Commission $ 755,200 • Training Requirements $ 3,125,000 • Crisis Intervention Program $ 198,000 • Internal Review and Accountability $ 1,030,000 • Equipment and Personnel $ 1,900,000* • Recruitment Plan $ 1,180,000 • Monitor $ 1,600,000 • Information Technology Support $ 3,450,000 • Total Upfront Costs $13,238,200

• Annual Reoccurring Costs beginning in 2017^

• Community Police Commission $ 792,960 • Training Requirements $ 1,080,000 • Crisis Intervention Program $ 201,960 • Internal Review and Accountability $ 1,050,600 • Equipment and Personnel $ 1,500,000* • Recruitment Plan $ 1,012,500 • Monitor $ 1,600,000 • Information Technology Support $ 840,000 • Total Annual Reoccurring Costs $ 8,078,020 * These numbers are rough estimate place-holders because the actual numbers are unknown until studies and plans completed. ^ Recurring costs beginning in 2017 assume a 2% wage increase and a 5% O&M increase.

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