CITY OF COLUMBUS/U.S.
DEPARTMENT OF JUSTICE PROPOSED AGREEMENT
8/16/99
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff
v.
CITY OF COLUMBUS, OHIO,
Defendant
CONSENT DECREE
INTRODUCTION
1. The United States brings this action
to enforce Section 210401 of the Violent Crime Control and Law Enforcement
Act 1994, 42 U.S.C. § 14141.
2. In its Complaint, the United
States alleges that officers of the Columbus, Ohio Division of Police ("CDP")
have engaged and continue to engage in a pattern or practice of conduct that
deprives persons of rights, privileges or immunities secured or protected
by the Constitution or laws of the United States, and that the City of Columbus
has tolerated this conduct by failing adequately to train, supervise, and
monitor police officers, and by failing to adequately receive citizen complaints
of misconduct, investigate alleged misconduct and discipline officers who
are guilty of misconduct. In making these allegations, the United States recognizes
that the majority of Columbus police officers perform their difficult jobs
in a lawful manner
3. The defendant in this action
is the City of Columbus, a Municipality in the State of Ohio (hereinafter,
"the City"). For purposes of complying with the provisions of the Decree,
the term "City" includes the Municipal Corporation, its elected and appointed
officials, employees and other authorized representatives.
4. The City denies all allegations
made by the United States and enters this Decree for the exclusive purpose
of avoiding the risks and burdens of litigation and because of its commitment
to using the best available practices and procedures for police management.
5. This Court has jurisdiction
of this action under 28 U.S.C. §§ 1331 and 1345. The United States is authorized
to initiate this action pursuant to 42 U.S.C. § 14141. Venue is proper in
the Southern District of Ohio pursuant to 28 U.S.C. § 1391.
6. This Decree resolves
all claims in the United States' Complaint filed in this case. This Decree
further resolves all claims the United States may have under 42 U.S.C. § 14141
or 42 U.S.C. § 3789d(c) regarding a current pattern or practice of racial
discrimination in law enforcement by the City. This Decree shall result in
the closure of all administrative complaints under 42 U.S.C. § 2000d or 42
U.S.C. § 3789d(c) currently on file with the Department of Justice, Civil
Rights Division that allege discrimination by the CDP or its officers. Upon
filing of the executed copies of this consent decree, all administrative complaints
pending with the Justice Department concerning issues addressed in this Decree
shall be considered resolved and closed.
7. The United States and the City
agree that in order to promote police integrity, avoid police misconduct,
ensure community support for the CDP and its officers, and promote the use
of effective, sound policing techniques, the City must continue its efforts
to achieve and maintain good practices and procedures for police supervision
and management. The City hereby affirms and acknowledges its obligation to
manage and supervise the actions of police officers to promote police integrity
and prevent conduct that deprives persons of rights, privileges, or immunities
secured or protected by the Constitution or laws of the United States.
8. Nothing in this Decree is intended
to alter the lawful authority of Columbus police officers to use reasonable
and necessary force, effect arrests and file charges, conduct searches or
make seizures, or otherwise fulfill their law enforcement obligations to the
people of the City of Columbus in a manner consistent with the requirements
of the Constitutions and laws of the United States and the State of Ohio.
9. This Decree shall constitute
the entire integrated agreement of the parties. No prior drafts or prior or
contemporaneous communications, oral or written, shall be relevant or admissible
for purposes of determining the meaning of any provisions herein in any litigation
or any other proceeding.
10. This Decree is binding upon
the United States and on the City, by and through its officials, agents, employees,
and successors. This Decree is enforceable only by the parties. Nothing in
this Decree shall be construed to impair the right of any person or organization
to seek relief against the City for its conduct or the conduct of Columbus
police officers. The provisions of this Decree, and the City's efforts to
implement this Decree to promote best practices and procedures for the CDP,
may be used as evidence that the City is not "deliberately indifferent" to
the rights of individuals secured by the Constitution and laws of the United
States and the State of Ohio, or laws of the City of Columbus.
11. The City, by and through its
officials, agents, employees, and successors, shall not engage in a pattern
or practice of conduct by the CDP that deprives persons of rights privileges,
or immunities secured or protected by the Constitution or laws of the United
States.
Definitions
12. "Civilian" means any person who is not a CDP officer.
13. "Complaint"
includes an allegation by a civilian or officer that a CDP officer engaged
in misconduct or acted in illegal manner For purposes of this Decree, the
term does - include any allegation of employment discrimination
14. "Complainant" means any person
who files a complaint against a CDP officer or the CDP.
15. The terms "document" and "record"
include all "writings" and recordings" as defined by Federal Rules of Evidence
Rule 1001(1).
16. "Police officer" or "officer"
means any law enforcement officer employed by the CDP, including supervisors.
17. The term "positive corrective
action" refers to non-disciplinary action taken by a CDP supervisor to enable
and encourage an officer to undertake a willing modification of his or her
performance. It may include: non-documented oral counseling; retraining; or
mandatory professional assistance/evaluation or referral to the CDP's Employee
Assistance Program.
18. "Physical injury" means any
injury that results in death, or that the City has reason to know requires
or results in medical care. "Physical injury" does not include medical care
resulting from the application of a chemical weapon that is limited to the
washing out of the subject's eyes.
19. "Supervisor" means a police
officer with oversight responsibility for other officers.
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TRAINING
CDP Training Bureau
20. The CDP Training Bureau shall: oversee and ensure the quality
of all training of CDP officers; continue to develop and implement the Columbus
Police Academy curriculum for training CPD recruits, and provide training
for Academy instructors; select and train CDP Field Training Officers ("FTOs")
supervise the training given by FTOs, in coordination with and assistance
from CDP supervisors; approve and supervise all in-service training for CDP
officers, and, in conjunction with other CDP sub-units, develop and implement
all in-service training conducted by the CDP; provide training for CDP in-service
instructors; and establish procedures for evaluating the effectiveness of
training programs (which shall include an evaluation of instructional content,
the quality of instruction, and the implementation by CDP officers of the
practices and procedures being taught).
21. The City shall establish systems
for CDP Subdivision, Bureaus, and Sections to provide information and refer
particular incidents to the Training Bureau to assist the Training Bureau
evaluating the effectiveness of training and to assess the need for new or
further training. The Internal Affairs Bureau and supervisors, in carrying
out their responsibilities for investigating and/or reviewing individual incidents
and review reports and logs, shall refer appropriate matters to the Training
Bureau for review.
Training Auditor
22. Within 90 days after entry of this
Decree, the City and the United States shall together select a Training Auditor
who shall review and evaluate all training currently provided to CDP officers
by the CDP and any other entities. The City will bear the costs of the Training
Auditor. The issues to be examined by the Training Auditor include: training
quality, content frequency, amount, and length (including the length of Academy
training and training of probationary officers by FTOs; the quality of training
facilities; and post-training evaluations of whether the concepts, standards,
practices, and procedures that are being taught are successfully being learned
and implemented. If the United States and the City are unable to agree on
a Training Auditor, each shall submit two names, along with resumes or curricula
vitae and cost proposals, to the Court and the Court shall appoint the Training
Auditor from among the names submitted.
23. Within 120 days of being selected,
the Training Auditor shall submit a draft report to the Independent Monitor
(established by ¶ 114 of this Decree) and
the parties setting forth the Auditor's findings and recommendations. During
the 30-day period following submittal of the draft report, the Training Auditor,
the Independent Monitor, and the parties shall consult regarding the content
of the draft report, and the Monitor and the parties may submit written comments
on the draft report to the Auditor (with copies provided to each other). Within
30 days after the consultation and comment period has ended, the Training
Auditor shall submit a final report to the Court, the Independent Monitor,
and the parties, with appropriate explanations and justifications for any
changes made to the draft report.
24. Within 90 days after submission
of the Training Auditor's final report, the City shall develop a plan for
implementing the report's recommendations and submit the plan to the Independent
Monitor for approval, after first consulting with the United States. Following
approval by the Monitor, the plan shall be implemented, except that the United
States or the City may obtain Court review of the Monitor's decision to approve
or disapprove the plan.
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Subjects of Training and Training
Instructors
25. The following
subjects shall be covered in recruit training and recurrently in in-service
training provided to all CDP officers: cultural diversity, which shall include
training on police interactions with persons from different racial, ethnic,
and religious groups, persons of the opposite sex, persons having a different
sexual orientation, and persons with disabilities, and training in communications
skills; uses of force, focusing on when different types of force may be used
and tactics for avoiding confrontation or the need to use force and integrity
and ethics, including the duties of truthfulness and reporting misconduct
by fellow officers, professionalism, and the duty to cooperate in misconduct
investigations.
26. The City, on a recurrent basis,
shall provide all supervisors with supervisory and leadership training which
in addition to the subjects addressed in the previous paragraph shall address
accountability, current supervisory issues, and supervisory techniques to
promote police integrity and prevent misconduct.
27. The City shall design and
implement in-service training programs for all CDP officers who are advancing
in rank, to be given at the start of the promoted officer's tenure in his
or her new rank.
28. The City shall design and
implement in-service training programs for those CDP officers who are newly
assigned to a CDP Subdivision, Bureau, or Section where specialized training
is necessary in order to perform the assigned duties.
29. The City shall immediately
provide copies of this Decree and explain its terms to all CDP officers and
employees in order to ensure that they understand the requirements of this
Decree and the necessity for strict compliance After the City has adopted
new policies and procedures in compliance with this Decree, every CDP officer
shall receive inservice training regarding the new policies and procedures
and the relevant provisions of this Decree. These policies and procedures
also shall be taught as part of recruit training at the CDP Academy.
30. The FTO program for all probationary
officers shall be at least four months in length. While in the FTO program,
each probationary officer shall rotate through at least three precincts and
shall become familiar with non-patrol bureaus.
31. The City shall establish formal
eligibility criteria for selection of Academy and in-service training instructors,
and Field Training Officers, and shall evaluate applicants based on these
criteria. The criteria shall address, inter alia, previous performance
as police officers, experience as a trainer, prior in-service training or
advanced training received, specialized knowledge, interpersonal and communication
skills, cultural and community sensitivity and commitment to police integrity.
32.
The City shall ensure that all CDP training instructors (both Academy and
in-service) and Field Training Officers receive adequate training to enable
them to carry out their duties including training in adult learning skills.
Training of FTOs shall include training on substantive policing issues, including
use of force policies and procedures, legal issues, and situational and tactical
planning and techniques. Training instructors and FTOs are required to maintain,
and demonstrate on a regular basis, a fully competent job performance. The
City shall document instructors' and FTOs' proficiency and provide additional
training to maintain proficiency.
33. The City shall establish a
term of duty for all training instructors and FTOs. A training instructor
or FTO may be reappointed to a new term of duty only if the officer has performed
in a fully competent manner and may be removed from such position during the
term of appointment for acts or behaviors that would disqualify the officer
from selection or for other reasons.
34. The City shall enhance its
current incentive system for encouraging superior officers to become training
instructors and FTOs.
35. The City shall maintain records
documenting all training of officers including officers names, the dates of
the training, the general subject matter of the training, and whether it was
completed satisfactorily.
USE OF FORCE
36. A "'use
of force" is defined as an effort by a CDP officer to compel compliance from
a civilian, except for the following actions: the mere presence of police
officers or police canines; the police issuance of verbal commands; handcuffing
with no or minimal resistance when used as a restraint in arrest and transport
activities; a come-along grasp of a civilian's arm or shoulder when the civilian
is offering no or minimal resistance; or the display or brandishing of a firearm,
unless the firearm is aimed at a civilian under circumstances other than when
firearms are ordered displayed by a supervisor for purposes of tactical entry.
37. The City shall continue to
develop and implement policies and procedures for addressing crowd control
situations and the use of force, including: criteria for when force may be
used; a use of force continuum; measures and procedures to avoid use of force;
and strategic and tactical considerations. The City shall provide the public
with a reasonable opportunity to submit written comments on the elements that
should be included in the crowd control policies and procedures prior to their
adoption.
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INCIDENT REPORTING, REVIEW, AND
MEDICAL RESPONSE
Reporting
38. The City shall revise its written reports
to include the reports and log described in ¶¶ 40-43 of
this Decree. Officers shall be required to complete these reports and the
log.
39. The reports
described by ¶¶ 40-42 of this Decree shall include the following
information: the name of the officer involved; the officer's badge number;
the names and badge numbers of other officers present when the incident occurred;
the date, time, and location of the incident; a description of the incident;
a description of any injuries suffered by any person involved in the incident
and medical and/or hospital data; names and contact information for all witnesses;
and the signatures of the officer and immediate supervisor. Any visible injury
to an officer or civilian shall be photographed or videotaped immediately
after the incident (prior to booking the civilian if the civilian is arrested),
except, when exigent circumstances are sent, the photographing or videotaping
shall be done as soon as practical after the incident.
40. Use of force:
The City shall revise its written forms reporting use of force. The City shall
require that each officer complete the revised "use of force" form each time
he or she uses any type of force as defined in this Decree. In addition to
the information currently required on this form (and the information required
in ¶ 39), reports shall include the following information:
identification of each specific type of force used and a description of the
effectiveness of each type of force used; name, race and gender of the person
against whom force was used; and whether the individual against whom force
was used was arrested or cited, and if so, the charges.
41. Law enforcement
related injuries: The City shall continue to require that any physical injury
suffered by a civilian while in police custody or while in the course of police
pursuit of a civilian, that is not the subject of a "use of force" report
by a CDP officer, be reported and investigated. The City shall revise
its written form for reporting such injuries, and shall require that the form
be completed by the officer who had custody of the civilian or who was pursuing
the civilian when the injury occurred. Reports shall include the information
required in ¶ 39 as well as the following information: name,
race and gender of the injured civilian; and whether the civilian who suffered
the injury was arrested or cited, and if so, the charges.
42. Searches
and seizures: The City shall revise its written report completed each time
an officer enters a residence without a warrant or consent of the owner or
occupants, performs a search without a warrant (excluding searches incident
to arrests or traffic stops), or seizes any property without a warrant (excluding
towing vehicles or seizures following a search incident to an arrest or a
traffic stop). Reports shall include the information required in
¶ 39 as well as the following information: the basis for the search and/or
seizure including whether it was based on probable cause, consent, plain view
and/or exigent circumstances); the name, race, and gender of all civilians
who were the subject of the search and/or seizure; any weapons, evidence,
or contraband found; and whether the civilians involved in the search or seizure
were arrested or cited and if so, the charges.
43. Traffic stops: The City shall develop, and require CDP
officers to complete, a written log each time an officer performs a traffic
stop. The log shall include, at a minimum, the following information:
the officer's name and badge number; date, time, and location of the stop;
a vehicle description and license number/state; the driver's gender and race;
whether driver was arrested, cited, or warned, and if so, the charges; whether
the driver or passengers were requested to exit the vehicle; whether consent
to search the vehicle was requested or granted; whether a canine was deployed
and, if so, whether it alerted; any weapons, evidence, or contraband found;
and the signature of the officer.
44. In accord with current CDP
policy, the reporting requirements set forth in ¶¶ 40-43
shall apply when an officer is on regular or special duty.
45. The City shall revise and
implement the forms required by ¶¶ 40-43 (and any related
forms) to eliminate duplication and reduce paperwork. The City shall submit
the forms required by ¶¶ 40-43 to the Independent Monitor
for approval, after first consulting with the United States. Following approval
by the Monitor, the forms shall be implemented, except that the United States
or the City may obtain Court review of the Monitor's decision to approve or
disapprove any form.
46. The City will continue to
investigate the feasibility and efficacy of installing video cameras in a
portion of the CDP patrol fleet, and the feasibility and efficacy of having
officers (including supervisors carry audio tape recorders.
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Review Procedures
47. The reporting officer's
supervisor shall review each report prepared pursuant to ¶¶
40-42 within one week of the precipitating incident. Supervisors shall
refer for investigation by the Internal Affairs Bureau ("IAB") incidents where
this review reasonably indicates a possible violation of Citywide Work Rules,
CDP Rules of Conduct, or CDP Directives relating to excessive use of force,
an improper arrest, an unreasonable search or seizure, or discrimination on
the basis of race, color, gender, religion, national origin, sexual orientation,
and/or disability. Referral shall be automatic and shall take place immediately
at the time of the incident for all incidents resulting in physical injury
either to a civilian or to an officer. Investigations of firearms discharges
shall be handled as set forth infra.
48. The City
shall refer for investigation by IAB all incidents in which a civilian is
charged with obstruction of official business, resisting arrest, assault on
an officer, or disorderly conduct where the prosecutor's office or a judge
dismisses the charge before or during trial and the dismissal is not part
of a plea agreement.
49. Supervisors shall evaluate
any incident not referred to IAB for investigation to determine the need to
implement any positive corrective action for the involved officer.
50. Supervisors shall be held
accountable for their referral decisions The chain of command shall conduct
periodic reviews of referral decisions to ensure appropriate referrals are
being made.
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Medical Response
51. The City shall establish a policy specifying
the circumstances in which a civilian shall be transported to receive medical
care when the civilian is the subject of a use of force by a CDP officer or
otherwise is suffering from an injury while in police custody.
MISCONDUCT/FIREARMS INVESTIGATIONS,
ANALYSES, AND RESOLUTIONS
Internal Affairs Bureau
52. The City shall provide the CDP Internal Affairs
Bureau with sufficient staff, funds, and resources to perform the functions
required by this Decree. The City may establish, such sub-units in IAB as
are necessary to carry out the functions assigned to it.
53. The City shall establish formal
eligibility criteria for the commander of IAB and for IAB staff who conduct
internal investigations. The criteria shall address, inter alia,
prior investigative experience, analytic and writing skills, interpersonal
and communication skills, cultural and community sensitivity, commitment to
police integrity, and previous performance as a police officer.
54. The City shall establish terms
of duty for the commander of IAB and for IAB staff who conduct internal investigations,
and may reappoint an officer to a new term of duty only if the officer has
performed in a fully competent manner. IAB officers may be removed during
their term of duty for acts or behaviors that would disqualify the officer
from selection or for other reasons.
55. The City shall ensure that
the commander of IAB and IAB staff receive adequate training to enable them
to carry out their duties.
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Filing and Receipt of Misconduct
Complaints and Allegations
56. Civilians may initiate a complaint
against an officer either in person, by mail, by telephone (or TDD), or by
facsimile transmission at CDP headquarters, any CDP station, or the offices
of the Department of Public Safety. The City shall continue its practice of
not requiring a complaint form to initiate misconduct investigation. Complaint
forms and pamphlets shall be available at CDP headquarters, all CDP stations,
Department of Public Safety offices, and appropriate other locations around
Columbus.
57. The City shall continue to
provide a 24-hour telephone hotline operated by IAB, for civilians to call
to file a complain., All conversations on this hotline shall be tape recorded;
all persons calling the hotline shall be notified of the tape recording. The
City shall regularly review the tape recordings to assure that callers are
being treated with appropriate courtesy and respect, complainants are not
being discouraged from filing complaints, and all necessary information about
each complaint is being obtained.
58. IAB shall be responsible for
receiving all misconduct complaints filed at CDP headquarters. All complaints
filed at locations other than CDP headquarters shall be forwarded to IAB within
five days.
59. In order to be investigated
and adjudicated, a complaint must be filed within 90 days of the event complained
of, unless the complaint alleges criminal behavior, or alleges excessive force,
false arrest, unreasonable search or seizure, or discrimination on the basis
of race, color, gender, religion national origin, sexual orientation, and/or
disability.
60. Every civilian complaint filed
with the City shall be classified as a complaint. No complaint shall be filed
as an "inquiry" and the current "inquiry" system is eliminated.
61. The City shall continue to
hold quarterly open meetings in rotating zones to inform the public about
proper police functions and procedures, and the various methods for filing
civilian complaints against police officers.
62. Officers shall inform any
individual who indicates a desire to file a complaint of the means by which
a complaint may be filed, including the telephone number for the 24-hour complaint
hotline. Department of Public Safety and CDP employees may not refuse to accept
a civilian complaint or attempt to dissuade a civilian from filing a complaint
for any reason.
63. The City shall continue to
accept, and investigate to the fullest extent possible, anonymous complaints
and complaints filed by individuals other than the alleged victim of misconduct.
64. The City shall require officers
to report misconduct by other officers either directly to IAB or to a supervisor
who must report the allegation to IAB.
65. The City
shall require all officers to promptly notify the City of the following: the
officer is arrested or criminally charged for any conduct; the officer is
named as a party in any civil suit involving his or her conduct while on regular
or special duty; or the officer is named as a party in any civil suit regarding
off-duty conduct that alleges physical violence, racial bias, fraud, or domestic
violence by the officer. Officers shall report this information either
directly to IAB or to a supervisor who must report the information to IAB.
66. The City will make reasonable
efforts to implement a method by which it will be notified of a finding in
a criminal proceeding of a constitutional violation or misconduct by a CDP
officer.
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Misconduct Investigations and Firearms
Discharge Investigations
67.
A misconduct investigation shall be initiated pursuant to any of the following:
- filing of a complaint (as defined in
¶ 13);
- referral pursuant to ¶ 47
or ¶ 48;
- filing of a civil suit by a civilian alleging
misconduct by an officer while on regular or special duty. In these circumstances,
the misconduct investigation shall be done at the direction of the City
Attorney and the resulting report shall be provided only to the City Attorney;
- filing of a civil suit against an officer for
off duty conduct that alleges physical violence, racial bias, fraud, or
domestic violence;
- criminal arrest of or filing of a charge against
an officer;
- criminal case order suppressing evidence because
of any constitutional violation or other misconduct by a CDP officer,
any other judicial finding of officer misconduct made in the course of
a judicial proceeding or any request by a federal or state judge or magistrate
that a misconduct investigation be initiated pursuant to information developed
during a judicial proceeding before the judge or magistrate.
68. All misconduct investigations
shall be conducted by the Internal Affairs Bureau, except as delegated to
chain-of-command supervisors. Assignment of misconduct investigations will
be made as follows:
- Misconduct investigations shall be conducted
by the Internal Affairs Bureau in the following circumstances:
- all complaints alleging excessive
force false arrest, unreasonable search or seizure or discrimination
on the basis of race, color, gender, religion, national origin, sexual
orientation, and/or disability;
- all complaints where a CDP
chain-of-command supervisor either was at the incident scene when
the alleged misconduct occurred, or was involved in planning the CDP
action whose implementation led to the complaint;
- any misconduct investigation
undertaken pursuant to an event identified in subparagraphs (b) through
of 1 67; and
- any other category of misconduct
complaints that the Director of Public Safety determines should be
investigated by IAB, or any individual misconduct complaint that the
CDP determines should be investigated by IAB.
- The City shall continue to assign misconduct
investigations not undertaken by the Internal Affairs Bureau to chain-of-command
supervisors.
- IAB shall have the responsibility for reviewing
all misconduct complaints as they are received to determine whether they
meet the criteria (set forth in subparagraph (a) above) for being investigated
by IAB or being delegated to a chain-of-command supervisor.
69. The City shall continue to
prohibit an officer who is the subject of a pending misconduct investigation
from participating in any way in conducting that investigation.
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70. The Critical
Incident Response Team (CIRT) shall conduct an investigation of all firearms
discharges by CDP officers that occur while on regular or special duty, except
those that occur during training; and shall conduct an investigation of off-duty
discharges by CDP officers where any person is injured or killed, or the facts
reasonably indicate that the discharge may have been intentionally directed
at a person. An IAB investigation shall be commenced in coordination with
any CIRT investigation being conducted, and may be held in abeyance pending
completion of a CIRT investigation. IAB shall coordinate with the CIRT investigators
and Assistant City Attorneys in deciding whether, when, or in what manner
a compelled statement should be taken from officers involved in the shooting
or the manner in which evidence is gathered. Where CIRT is responsible for
conducting an investigation of a firearms discharge, IAB shall monitor every
interview conducted by the CDP during the CIRT investigation except where
exigent circumstances do not allow that to occur.
71. All interviews of civilians
and officers during a misconduct investigation or an investigation of a firearms
discharge by a CDP officer shall be tape-recorded or videotaped unless to
do so compromises a criminal investigation or a civilian refuses the recording.
Any written or recorded interviews shall be maintained as part of the investigative
file. If a civilian refuses to be tape-recorded or videotaped, the officer
conducting the investigation shall prepare a written narrative of the statement
to be signed by the civilian.
72. If civilians who are to be
interviewed for a misconduct investigation or firearms discharge investigation
are unable to come to a City office, or are unavailable to be interviewed
during business hours, the City shall offer to interview them at alternate
sites and times.
73. IAB shall be notified immediately
of the following types of incidents and, consistent with the provisions of
¶ 70, immediately shall travel to
the incident scene to commence an investigation when a CDP officer discharges
a firearm in circumstances that trigger a CIRT investigation; or when a civilian
or officer is killed, admitted to a hospital, or suffers a broken bone or
fracture as a result of an encounter between a civilian and a CDP officer
who is on regular or special duty. IAB shall be immediately notified of an
incident when an officer or civilian is seriously injured or treated at an
emergency room as a result of an encounter between a civilian and a CDP officer
who is on regular or special duty, a civilian is bitten by a police canine,
or CDP officers use force to control, repel, or disperse a crowd of persons.
74. In conducting misconduct investigations,
the City shall continue its practice of assessing the propriety of all officer
conduct during the incident in which the alleged misconduct occurred. If during
the course of an investigation, the investigating officer has reason to believe
that misconduct other that alleged occurred, the officer must notify his or
her immediate supervisor and an investigation of the additional misconduct
issues must be conducted as well.
75. Where two or more individual
incidents that require a misconduct investigation are related, the City may
investigate the incidents in a single misconduct investigation.
76. The City shall develop a manual
for conducting misconduct investigations and firearms discharge investigations
Evaluating and Resolving Misconduct Allegations and Firearms Discharge Investigations.
77. The City shall resolve each
allegation in a misconduct investigation by making one of the following dispositions:
- "Sustained," where a preponderance
of the evidence shows that an officer violated the CDP Rules of Conduct
or Directives, or Citywide Work Rules;
- "Unfounded," where a preponderance
of the evidence shows that the alleged misconduct did not occur;
- "Insufficient evidence" (formerly
"not sustained") where there is insufficient evidence to decide whether
the alleged misconduct occurred;
- "Exonerated," where the alleged
conduct occurred, but the conduct did not violate the CDP Rules of Conduct
or Directives, or Citywide Work Rules; or
- "'Untimely,"' where the complaint
was not timely filed.
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78. The City shall not close any
misconduct investigation without rendering one of the dispositions identified
above. Withdrawal of a complaint, or unavailability of the complainant or
the victim of the alleged misconduct to make a statement shall not be a basis
for closing an investigation without further attempt at investigation. The
City shall investigate such matters to the fullest extent possible to determine
whether the allegations can be corroborated.
79. At the conclusion of each
misconduct investigation, the IAB or a CDP supervisor to whom an investigation
has been delegated shall issue a report on the investigation, which shall
be made a part of the investigation file. The report shall describe the alleged
misconduct and any other possible misconduct identified during the course
of the investigation, summarize and analyze all relevant evidence gathered
during the investigation, and set forth recommended findings regarding dispositions.
The Deputy Director of Quality Assurance (provided for in ¶
104 of the Decree) shall be copied on all such reports.
80. Where IAB or a supervisor
finds in a misconduct investigation that an allegation of misconduct is "sustained",
the investigative report shall recommend either that departmental charges
be filed (which may lead to suspension, demotion, or termination), that discipline
not involving departmental charges be issued, or that no discipline be issued.
If departmental charges are recommended, the investigative file shall be forwarded
to the accused officer's immediate supervisor for comments and a recommendation,
and then through the chain of command to the Chief of Police for decision.
If departmental charges are not recommended, the investigative file shall
be forwarded to the accused officer's immediate supervisor and chain of command
for resolution. The investigative report also shall recommend whether any
positive corrective action should be taken, regardless of the recommended
disposition or whether discipline is recommended. The Deputy Director of Quality
Assurance shall be copied on all reports.
81. Except where
just cause does not exist to issue discipline, the City shall discipline any
officer found guilty or who enters a plea in a criminal case regarding conduct
while on regular or special duty; and any officer found civilly liable for
misconduct committed on regular or special duty, or whose misconduct is the
basis for the City being found civilly liable. Should the City conclude that
just cause does not exist to issue discipline, the City shall set forth in
writing the reasons for this decision.
82. As circumstances warrant,
the City shall discipline any officer who observes misconduct by another officer
and fails to report it promptly to a supervisor or to IAB, or who knowingly
provides false information in a misconduct investigation, firearms discharge
investigation, or any report or log.
83. All firearms discharges that
are the subject of a CIRT investigation shall continue to be reviewed by the
Firearms Board of Inquiry. The Board shall include among its members the commander
in charge of the Training Bureau, an appropriate subject matter expert such
as a firearms trainer), the police legal advisor from the City Attorney's
Office, and one or more additional officers or supervisors designated by the
Chief of Police.
84. The Firearms Board of Inquiry
shall issue a report following its review of a firearms discharge summarizing
and analyzing all relevant evidence, and setting forth findings as to whether
the discharge was within policy and whether any conduct related to the discharge
violated CDP Rules of Conduct, CDP Directives, or Citywide Work Rules. The
report may refer the matter for further investigation of potential misconduct,
if appropriate. The report shall recommend whether any positive corrective
action should be taken with regard to the involved officers. In addition,
the report shall provide appropriate analyses, observations, and recommendations
regarding strategic, tactical, training, and other issues, and may refer the
investigative file to any other CDP unit for further review and analysis of
such issues. The Deputy Director of Quality Assurance shall be copied on all
reports.
85. The report of the Firearms
Board shall be forwarded through the involved officer's chain of command to
the Chief for a determination of whether the firearms discharge was within
policy, whether any conduct related to the discharge violated Citywide Work
Rules or CDP Rules of Conduct or Directives, and whether discipline should
issue.
86. In deciding the appropriate
discipline for each officer who is the subject of a "sustained" disposition
in a misconduct investigation, is found in a firearms discharge review to
have violated Citywide Work Rules or CDP Rules of Conduct or Directives, or
is to be disciplined in accord with ¶ 81,
the City shall consider the nature and severity of the misconduct, and information
in the Personnel Performance Index (established in ¶
92 of the Decree). The City also shall consider
in each misconduct investigation, firearms discharge review, and review pursuant
to ¶ 81 whether positive corrective
action shall be taken, regardless of whether misconduct is found or discipline
is issued (except where the discipline is termination).
87. There shall be no automatic
preference of an officer's statement over a civilian's statement. Similarly,
there shall be no automatic judgment that there is insufficient information
to make a credibility determination where the only or principal information
about an incident is the conflicting statements of the involved officer and
civilian. In each misconduct investigation and firearms discharge investigation,
the City shall consider circumstantial evidence as appropriate, and make credibility
determinations if feasible. The City shall establish guidelines for making
credibility determinations, which shall include: use of standards employed
by judges and juries to evaluate credibility; consideration of the accused
officer's history of misconduct investigations (including those with dispositions
other than "sustained") and disciplinary records and consideration of the
civilian's criminal history for crimes involving untruthfulness. After a misconduct
complaint is finally resolved by the City, the City shall inform the complainant
of the resolution, in writing, including the investigation's significant dates,
general allegations, disposition, and any resulting discipline or positive
corrective action.
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Tracking, Records and Reporting
89. The Internal Affairs Bureau shall track
all open misconduct investigations and firearms discharge investigations to
assure that investigations are completed in a timely fashion. Within 120 days
following entry of this Decree, the City shall develop a plan for designing
and implementing a computerized tracking system (including a timetable for
implementation) and submit the plan to the Independent Monitor for approval,
after first consulting with the United States. Following approval by the Monitor,
the plan shall be implemented, except that the United States or the City may
obtain Court review of the Monitor's decision to approve or disapprove the
plan.
90. All misconduct investigation
files and firearms discharge investigations shall be available to personnel
within the involved officer's chain of command who are responsible for that
officer's training, supervision, or discipline.
91. IAB shall
prepare an annual public report of misconduct investigations and firearms
discharge investigations. Such reports shall include statistical information
and a summary of all investigations completed during the year.
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SUPERVISORY MEASURES TO PROMOTE
CIVIL RIGHTS INTEGRITY AND REDUCE POLICE MISCONDUCT
Personnel Performance Index
92. The City shall develop
and implement a computerized system for maintaining and retrieving information
necessary for supervision and management of the CDP to promote civil rights
integrity and reduce police misconduct (hereinafter "the Personnel Performance
Index" or "'PPI").
93. The Personnel
Performance Index shall contain information on all matters in the following
categories: arrests charges listed in ¶ 48
of this Decree; "use of force" reports, "law enforcement
related injury" reports, "search or seizure" reports, and "traffic stop" logs
described in ¶¶ 40-43; misconduct
investigations; firearms discharge investigations; civilian complements and
other indicia of positive performance; and criminal arrests and charges, and
civil suits, that are subject of the notification requirements described in
¶ 65. Attachment A to this Decree sets forth the minimum
information about these matters that shall be included in the PPI, and the
PPI's minimum search and retrieval capabilities.
94. Where information about a
single incident is entered in Personnel Performance Index from more than one
report memorandum, or filing (e.g., from a civilian complaint and a "'use
of force" report), the PPI shall use a common control number or other means
to link the information from different sources so that the user can cross-reference
the information and perform analyses.
95. The City shall ensure that
information is entered into the Personnel Performance Index in an accurate
and timely fashion, and is maintained in a secure and confidential manner
as allowed or required by law.
96. Within 120 days following
entry of this Decree, the City shall develop a plan for designing and implementing
the Personnel Performance Index, including a timetable for implementation
and a specification of the information contained in City records pre-dating
the implementation of PPI that will be incorporated in PPI. The City shall
submit the plan to the Independent Monitor for approval, after first consulting
with the United States. Following approval by the Monitor, the plan shall
be implemented, except that the United States or the City may obtain Court
review of the Monitor's decision to approve or disapprove the plan.
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Use of the Personnel Performance
Index to Supervise Officers or Groups of Officers
97. The City shall develop a protocol for
use of the Personnel Performance Index in supervising specific officers or
groups of officers, which shall replace the "alert letter" system now used
by the CDP. The City shall submit the protocol to the Independent Monitor
for approval, after first consulting with the United States. Following approval
by the Monitor, the protocol shall be implemented, except that the United
States or the City may obtain Court review of the Monitor's decision to approve
or disapprove the protocol.
98. The protocol
shall require review of any officer who:
- within a period of two years,
is the subject of any combination of five of the following - misconduct
investigations of any kind initiated pursuant to ¶ 67
(excluding investigations in which all allegations against the officer
are resolved as "exonerated") and firearms discharge investigations where
discipline is recommended; or within a period of two years, is the subject
of any combination of three of the preceding items where the items include
allegations of similar types of misconduct (e.g., verbal abuse, excessive
force, false arrest, or unreasonable search or seizure); or
- within a period of one year,
uses force in five incidents (excluding any incident in which force only
is used to effect the humane destruction of an animal).
99. The protocol shall require
that, at least quarterly, supervisors with the rank of lieutenant and above
examine the information in the Personnel Performance Index about officers
in their command to detect any potential pattern or series of incidents that
indicate that an officer should be the subject of a supervisory review.
100. Where appropriate, the review
required by the preceding two paragraphs may result in positive corrective
action being taken.
Analysis and Monitoring of Citywide
and Localized Performance
101.
The City shall develop a protocol for using the data in the Personnel Performance
Index to examine police performance citywide, performance of CDP units or
sub-units, and performance according to the geographic area in which incidents
occur. City shall submit the protocol to the Independent Monitor for approval,
after first consulting with the United States. Following approval by the Monitor,
the protocol shall be implemented, except that the United States or the City
may obtain Court review of the Monitor's decision to approve or disapprove
the protocol.
102. The reviews required by the
preceding paragraph occur at least quarterly, and shall both report pertinent
data and analyze the data to detect citywide and localized trends or differences.
Supervisors at the rank of commander and above shall require that explanations
be provided, as appropriate, for apparent trends and differences shown by
the data. These supervisors also shall use the data as a basis for targeting
indepth assessments of CDP units or subunits or CDP performance in particular
geographic areas, as appropriate.
103. The protocol shall require
that citywide and localized reviews encompass data on misconduct investigations,
discipline, civil lawsuits, firearms discharges, other uses of force, searches
and seizures, traffic stops, and arrests for charges listed in
¶ 48 of this Decree, and that the
reviews examine racial data relating to these matters.
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Office of Quality Assurance
104.
The City shall establish within the Department of Public Safety an Office
of Quality Assurance headed by a Deputy Director. This Office shall be responsible
for auditing, investigating, and overseeing the CDP's handling of misconduct
investigations and firearms discharge investigations, and may provide technical
assistance and training to the CDP regarding appropriate methods and procedures
for conducting such investigations. The City shall establish formal eligibility
criteria for the Deputy Director and staff of the Office of Quality Assurance.
The criteria shall address, inter alia, appropriate administrative
and investigative experience, advanced training received or specialized knowledge
in the law enforcement field, and a demonstrated commitment to police excellence.
105. The Office may require that
additional investigative steps be taken in a pending misconduct investigation
or firearms discharge investigation, or may require that a completed investigation
be re-opened for specified reasons. The Office may undertake audits of other
matters relating to the CDP as specified by the Director of Public Safety.
106. The Office shall have full
and unrestricted access to all City staff, facilities, and documents including
databases that the Office deems necessary to carry out its functions.
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Deputy Director of Training
107. The City shall establish within the
Department of Public Safety the position of Deputy Director of Training. The
Deputy Director shall review all training provided by the CDP, and ensure
that training is of a high quality, is consistent with the training goals
and philosophy of the CDP, and is consistent with the provisions of this Decree.
The City shall establish formal eligibility criteria for the Deputy Director
of Training. The criteria shall address, inter alia, appropriate
training experience, specialized knowledge in the law enforcement field, experience
in curriculum development and evaluation and a demonstrated commitment to
police excellence. The Deputy Director shall work in coordination with the
Training Bureau and its commander, and the City may establish any necessary
protocols to provide for such coordination. With the concurrence of the Director
of Public Safety, the Deputy Director may require that training programs,
practices, and procedures be amended.
PERSONNEL MATTERS
Promotions
108. The City shall establish standards
for promotions that consider the applicant's disciplinary record and disqualify
applicants with a poor disciplinary record.
Chief of Police
109. The City shall implement a performance
evaluation system for the Chief of Police, who shall be evaluated by the Director
of Public Safety based on performance criteria, goals, and objectives established
yearly by the Chief and the Director and on the progress achieved in implementing
this Decree and its objectives.
110. If and when a vacancy occurs
in the position of Chief of Police, because peculiar and exceptional qualifications
of a managerial and professional character are required to implement this
Decree, and because application of the usual competition requirements in such
special case is impracticable and the position can best be filled by selection
of a person of high and recognized attainments, the City shall adopt appropriate
selection procedures. The procedures shall provide that the field of eligible
candidates shall be expanded beyond the current limited field. The City shall
submit the selection procedures to the Independent Monitor for approval, after
first consulting with the United States. Following approval by the Monitor,
the procedures shall be implemented, except that the United States or the
City may obtain Court review of the Monitor's decision to approve or disapprove
the procedures.
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Staffing and Assignment Analysis
111. Within 150 days after entry of this
Decree, the City and the United States shall together select a Staffing and
Assignment Auditor who shall conduct an analysis of the staffing and assignment
patterns currently employed by the CDP in the context of the CDP's strategic
priorities.
112. Within 150 days of being
selected, the Staffing and Assignment Auditor shall submit a report to the
parties and the Independent Monitor setting forth the Auditor's findings recommendations
with regard to staffing and assignment, and the strategic priorities of the
CDP. During the 30 days following submittal of the draft report, the Staffing
and Assignment Auditor, the Independent Monitor, and the parties shall consult
regarding the content of the draft report, and the Monitor and the parties
may submit written comments on the draft report to the Auditor (with copies
provided to each other. Within 30 days after the consultation and comment
period has closed, the Auditor shall submit a final report to the Court, the
Independent Monitor, and the parties, with appropriate explanations justifications
for any changes made to the draft report.
113. Within 90 days after submittal
of the Staffing an Assignment Auditor's final report, the City shall develop
a plan for implementing the report's recommendations and submit the plan to
the Independent Monitor for approval, after first consulting with the United
States. Following approval by the Monitor, the plan shall be implemented,
except that the United States or the City may obtain Court review of the Monitor's
decision to approve or disapprove the plan.
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OVERSIGHT, REPORTING AND RECORDKEEPING
AND IMPLEMENTATION
Independent Monitor
114.
Within 90 days after the entry of this Decree, the City and the United States
shall together select an Independent Monitor who shall monitor and report
on the City's implementation of this Decree. The Monitor shall be acceptable
to both parties. If the parties are unable to agree on a Monitor, each party
shall submit two names, along with resumes or curricula vitae and cost proposals,
to the Court and the Court shall appoint the Monitor from among the names
submitted. The City shall bear all costs of the Monitor.
115. The Monitor shall be an agent
of the Court and shall not be retained by any current or future litigant or
claimant in a claim or suit against the City or its officers. The Monitor
shall not issue statements or make findings with regard to any act or omission
of the City, or its agents or representatives, except as required or expressly
authorized by the terms of this Decree. The Monitor may testify in this case
regarding any matter relating to the implementation, enforcement, or dissolution
of this Decree.
116. The Monitor shall offer the
City technical assistance regarding compliance with this Decree.
117. The City shall provide the
Monitor with full and unrestricted access to all City staff, facilities, and
documents (including databases) as the Monitor deems necessary to carry out
the duties assigned to the Monitor by this Decree.
118. The Monitor, inter
alia, shall review and evaluate the quality and timeliness of: all
firearms discharge investigations; appropriate samples of misconduct investigations;
disciplinary action and positive corrective action taken after misconduct
investigations and firearms discharge investigations and pursuant to
¶ 81; positive corrective action taken
after supervisory reviews of officers pursuant to ¶¶
98 and 99; reviews and analyses conducted pursuant
to ¶ 101, and supervisory
steps taken in response to such reviews and analyses; and appropriate samples
of "use of force" reports, "law enforcement related injury" reports, "search
and seizure" reports, and traffic stop logs required by
¶¶ 40-44, supervisory reviews of these
reports and logs, and referrals made and positive corrective action taken
following the reviews.
119. The City shall re-open for
further investigation any misconduct investigation or firearms discharge investigation
the Monitor determines to be incomplete. The Monitor shall provide written
instructions for completing the investigation.
120. During the first year after
this Decree is approved, the Monitor shall issue a quarterly report detailing
the City's compliance with and implementation of this Decree. Thereafter the
Monitor shall issue such reports at least semi-annually or more frequently
as the Monitor determines is appropriate.
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Reports and Records
121. Between 90 and 120 days following
entry of this Decree and every six months thereafter until this Decree is
terminated, the City shall file with the Court and the Monitor, with a copy
to the United States a status report delineating all steps taken during the
reporting period to comply with each provision of this Decree.
122. The City shall maintain all
records documenting its compliance with the terms of this Decree and all documents
required by or developed under this Decree. The City shall maintain all misconduct
investigation files and firearms discharge investigation files for at least
ten years from the date of the incident. The City shall maintain an officer's
training records, and all personally identifiable information about an officer
included in the Personnel Performance Index, during the officer's employment
with the CDP and for three years after the officer leaves the CDP. Personally
identifiable information about an officer that is removed from the PPI shall
be maintained indefinitely in an archive. Information in the PPI that is not
personally identifiable to a specific officer shall be maintained indefinitely
in the PPI for statistical purposes.
123. While the Court maintains
jurisdiction over this action, the United States shall have access to any
City documents, databases, staff, and facilities the United States deems necessary
to evaluate compliance with this Decree and, within a reasonable time following
a request made to the City Attorney, shall be granted such access and receive
copies of documents and databases requested by the United States.
Implementation
124. This Decree shall become effective
on entry by the Court. Except where otherwise specifically indicated, the
City shall implement all provisions of this Decree within 120 days after entry
of this Decree.
125. Where this Decree requires
that the City adopt standards, practices, or procedures to expand or elaborate
on Decree requirements, and the standards, practices, or procedures proposed
by the City either conflict with the collective bargaining agreement between
the City and the Fraternal Order of Police ("FOP"), or involve wages, hours,
or a term or condition of employment as defined by Ohio law, the requisite
standards, practices, or procedures will be adopted as follows:
- The City and the FOP will meet, pursuant to
the terms of the current collective bargaining agreement, and attempt
to agree upon modifications to the collective bargaining agreement or
resolution to conflicts that may arise in the implementation of this Decree.
- If the City and the FOP are unable to reach
agreement, the City and the FOP shall present the matter in writing, to
the Independent Monitor for decision. The Independent Monitor may require
additional information and the United States may fully participate in
the decision-making process. The Monitor shall require implementation
by the City of the standards, practices, or procedures that best fulfill
the objectives of this Decree. The decision of the Monitor shall be final
and not subject to arbitration, except any party may seek de novo review
by the Court which, if such review is sought, shall apply the same decisional
standard set forth above for the Monitor.
126. The Court shall retain jurisdiction
of this action for all purposes during the term of this Decree. At any time
after both five years have elapsed since the date of entry of this Decree
and substantial compliance has been maintained for no less than two years,
the City may move to terminate this Decree. Any motion to dismiss must detail
all aspects of the City's compliance with each provision of this Decree, supported
by affidavits and supporting documentation. The United States shall have 90
days from receipt of the City's motion to file any objections. In the event
the United States files objections to the City's motion, the Decree shall
remain in effect at least until entry of a court order disposing of the motion
and thereafter as dictated by the Court's order. In the event the United States
objects to termination of the Decree, the Court shall hold a hearing, at which
both parties may present evidence, before ruling on the City's motion to terminate.
At the hearing, the burden shall be on the City to demonstrate that it has
fully and faithfully implemented all provisions of this Decree and maintained
substantial compliance for at least two years.
127. No changes, modifications,
or amendments of this Decree shall be effective unless the Court orders them.
128. The parties agree to defend
the provisions of this Decree. The parties shall notify each other of any
court or administrative challenge to this Decree. In the event any provision
of this Decree is challenged in any local or state court, removal to a federal
court shall be sought.
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In the event any provision of this Decree is declared
Invalid for any reason by a court of competent jurisdiction, said finding
shall not affect the remaining provisions of this Decree. We consent and seek
entry of this Decree:
FOR THE PLAINTIFF, THE UNITED STATES
OF AMERICA:
SHARON J. ZEALEY
United States Attorney
Southern District of Ohio |
|
BILL LANN LEE
Acting Assistant- Attorney General
Civil Rights Division
|
|
Civil Chief
Office of the U.S. Attorney
Southern District of Ohio
280 North High St., 4th floor Columbus, OH 43215
(614)
|
|
STEVEN H. ROSENBAUM
Chief
MELLIE H. NELSON
Deputy Chief
U.S. Department of Justice
Civil Rights Division
Special Litigation Section |
MARK A.POSNER
Trial Attorney
U.S. Department of Justice
Civil Rights Division
Special Litigation Section
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 307-1388 |
|
FOR THE DEFENDANT CITY
OF COLUMBUS:
JANET E. JACKSON
City Attorney
City of Columbus
90 West Broad Street
Columbus, Ohio 43215-9013
(614) 645-7385 |
|
GREGORY S. LASHUTKA
Mayor
City of Columbus
90 West Broad Street
Columbus, Ohio 43215-9013
(614) 645-7681 |
SO
ORDERED this __________ day of ___________, 1999
______________________
United States District Judge
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Attachment A
The minimum information about the matters identified
in ¶ 93 to be included in the Personnel Performance Index
is as follows:
1. the names and badge numbers of the subject officers,
their race and gender, their specific assignment
at the time of the incident (Bureau, precinct, shift, squad, team, or other
assignment), and whether the incident occurred on regular or special duty,
or off duty;
2. the name and badge number of
each subject officer's immediate supervisor at the time the incident occurred;
3. the name, race, and gender
of each: complainant; person who was the victim of misconduct alleged in
a complaint where the complaint is filed by a third person; civil plaintiff;
person who was the subject of a reported use of force, a reported search
or seizure, or a reported law enforcement related injury; arrestee for charges
listed in ¶ 48 of this Decree; person who was the victim
or alleged victim of a crime for which an officer was arrested or charged;
and person who the victim of misconduct by a CDP officer where a criminal
or civil proceeding resulted in a finding of misconduct;
4. the race and gender of each
vehicle driver that is the subject of a traffic stop, and the state in which
the vehicle is licensed;
5. the date, time, and location of each incident,
traffic stop, and arrest, including the precinct in which it occurred;
6. the charges, by code violation, filed against
each arrestee for charges listed in ¶ 48
of this Decree;
7 a description of the type of injuries, if any,
suffered by civilian or officer, and medical/hospital data; where force
is used, an identification of each specific type of force used;
9. where a "search or seizure" report is prepared,
the basis for the search or seizure (including whether it was based on probable
cause, consent, plain view or exigent circumstances), and any weapons, evidence,
or contraband found;
10. where a traffic stop is recorded in a traffic
stop log, whether the driver was cited or warned, and if so, the charges,
whether the driver or passengers were requested to exit the vehicle, whether
consent to search the vehicle was requested or granted, whether a canine
was deployed and alerted, and any weapons, evidence, or contraband found;
11. a textual description of all misconduct allegations,
and an identification of the type of misconduct alleged against each involved
officer;
12. a textual description of each firearms discharge
incident and any misconduct allegations raised in the investigation;
13. if a misconduct investigation is initiated,
the event listed in ¶ 67 of the Decree that triggered
the investigation, whether the investigation is open or closed, the disposition
(by officer and by allegation), and any discipline or positive corrective
action imposed (by officer and by allegation);
14. if a firearms discharge investigation is conducted,
whether the investigation is open or closed, the disposition (by officer),
and any discipline or positive corrective action imposed (by officer); and
15. all in-service training, assignments, and transfers
received by each officer, all referrals for mandatory counseling, the names
and badge numbers of the FTOs to which each officer was assigned while on
probationary status, and any subsequent assignment to an FTO (including
the FTO's name and badge number) and each instance of positive corrective
action ordered where that is not the result of a misconduct or firearms
investigation.
The Personnel Performance Index shall have, at a
minimum, the capability to search and retrieve information or numerical counts,
by range of dates, for the following categories: individual officer, supervisor,
or Field Training Officer; unit of assignment; precinct in which an incident
occurred; conduct on-duty, on special duty, or off duty; race or gender of
the subject officer; race or gender of the persons identified above in
¶ ¶ 3 and 4 of this attachment; type
of force; type of search; type of arrest; type of injury; type of misconduct
alleged; type of misconduct investigation; firearms discharge investigations;
type of discipline; type of positive corrective action; and whether an investigation
was conducted by IAB, CIRT or was delegated to a CDP supervisor.
CITY
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