Christopher Commission Report – 1991
Topic
Recommendation
Status
Notes
Further
Recommendations
(if applicable)
The Problem of
Excessive Force
Leadership: The leadership of the LAPD must give priority to curbing excessive force – through the use of powerful incentives and disincentives that influence police behavior. Police Commission audits and review of the excessive force problem must be accompanied by a firm resolve to accord this issue the priority it requires in the LAPD’s policies and goals.
Ongoing
2020 UOF policy;
20202 In-Custody Death Adjudication Protocols;
Publishes summaries of its Categorical Use of Force decisions;
The Use of Force policy explicitly requires the use of de-escalation techniques: “to reduce the intensity of any encounter with a suspect and enable an officer to have additional options to mitigate the need to use a higher level of force while maintaining control of the situation”
Add de-escalation policy
The LAPD:
Annually publishes detailed Use of Force Data Reports;
Command and Control Training – goal to have all sworn complete by end of 2020 (As of 08/31/2020 6,748 trained 67% with 3,135 to go)
Mental Health Intervention Training for all FTO’s. (Since the restart of MHIT training 187 Officers have been trained. YTD MHIT has trained 335 Officers. There are 17 courses scheduled till the end of the year with a projection of an additional 595 Officers trained by years end)
De-escalation- 70 courses into which Tactical De-escalation and Tactical Communication are to be incorporated, 41 POST certified courses have been completed and recertified. 17 LAPD courses have been completed and recertified. Remaining courses are in progress.
Questions to be answered:
Discipline – is it appropriate?
What incentives/disincentives can be added or emphasized?
Audits on UOF/NCUOF (that is upcoming)?
Command Accountability: Command officers must be held accountable by evaluating them on the basis of how officers under their supervision adhere to the Department’s policies regarding use of force. When an incident of excessive force occurs, supervisors up the chain must be held accountable, regardless of whether they actually participated in the wrongful conduct.
Ongoing
IG Note: See discussions from TF report re: discipline SPIG (officers’ perceived inequities/inconsistencies in the disciplinary system relating to supervisors and how they are given preferential treatment/not always held accountable in the same ways that line officers are.)
Written 15.02.00, Supervisory Assessment for Categorical Use of Force incidents.
Overall CO’s are evaluated during their review and presentation of a COUF, BOR, and COMPSTAT (which includes “page 2” evaluation of divisional uses of force)
Supervision, Monitoring & Counseling: Supervisors must assess information from complaint histories, especially repetitive patterns, in performance evaluation reports. Command officers must have access to statistical information, understand what force is being used and why, detect “early warning” signs, and arrange for training and counseling of officers.
Needs improvement.
TEAMS reports are utilized for risk management purposes in many settings, but system could be improved and used more effectively. See: OIG Early Warning System report.
Note: The OIG report references that Dr. Uchida was contracted to do a Teams II evaluation in 2014-15. Was it done, is it public, should we reference it here?
Dr. Uchida’s TEAMS evaluation report was completed and the executive summary is available at newweb.jssinc.org
The full report is not available to the public.
HIGH: Needs improvement (full use of system). Recommendations needed.
Management Attention to Civil Litigation: Information about officers’ conduct that becomes available in litigation should be used in evaluating those officers. Conduct that results in large settlements or judgments should be carefully studied. The Department and City might consider arbitration or mediation of claims that are now routinely denied and often lead to more expensive litigation.
Needs improvement.
[need input from Liz/City Attorney]
Employees TEAMS report tracks civil litigation. Civil litigation is evaluated during all universal threshold Action items in TEAMS
HIGH:
Audio and Videotaping of Contacts Between the Police and the Public: LAPD should pursue efforts to use video technology in patrol cars (dash cams) and formulate Department guidelines for use of such technology, including studying possible ways to address the concern that officers may fail, intentionally or otherwise, to use the video and audio equipment properly to record the event at issue.
Completed as to obtaining equipment;
ongoing oversight as to proper use of such equipment.
Digital-In-Car-Video (DICV) and Body Worn Video (BWV) cameras are standard equipment throughout the department. All officers and patrols cars are equipped with such cameras. See DICV policy and BWV policy.
Compliance with video and audio equipment policies is published in all Categorical UOF case summaries.
Videos of critical incidents are released publicly.
LAPD currently evaluates the proper use of video, at a command level, during its Compstat oversight process of each division.
Video is now used in audits and OIG reviews of departments systems and adherence to policies. See July 2020 CalGangs Report and [upcoming] OIG report on stops.
The Penalty Guide is not available to the public. The Penalty Guide is the Departments de facto progressive discipline guide.
August 31, 2020 BWV added to academy training.
OO, CTSOB, have BWV audit teams.
HIGH: Needs improvement (as to proper use). Recommendations to be made.
“Mid-Level” Use of Force Options: A thorough study by police, medical, scientific, psychological and other appropriate experts should be undertaken as part of a comprehensive evaluation of middle-level use of force options by the Department and the Police Commission. Among the “middle-level” use of force proposed by those testifying before the Commission included the use of chemical mace and taser, the reinstatement of the carotid or bar-arm chokehold, the use of a chemical agent used by the FBI and others called capstun, and the use of the stun gun.
Ongoing: Less-Lethal UOF options have been implemented, but this should be updated continuously.
2017 Report regarding: Overview of Less-Lethal Tools and Deployment
As of 2020, all officers are equipped with [insert all “mid-level UOF options available to officers]
In 2020, the use of the Carotid Restraint Control Hold was banned.
The BOPC approved, and the LAPD is currently engaged in, a pilot on the use of BolaWrap Remote Restraint Device.
Bola pilot has 100 officers trained (non-lethal)
37mm used only in crowd control by trained officers
Recommend: Annual Review of Less Lethal tools by BOPC Use of Force Subcommittee for recommended tools that should be piloted and/or implemented.
Racism and Bias
Affecting
Use of Excessive Force
No Tolerance for Racism & Bias: The Chief of Police should seek tangible ways (e.g., through discipline) to establish principle that racism and ethnic and gender bias will not be tolerated.
Ongoing; Needs Improvement
The 2020 Use of Force Policy explicitly states: “Officers shall carry out their duties, including use of force, in a manner that is fair and unbiased. Discriminatory conduct on the basis of race, religion, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, housing status, or disability while performing any law enforcement activity is prohibited.”
Annual Complaint Reports are published annually, describing bias policing allegations [need updated link, when available]
Need chief’s perspective on discipline here (if a public document)
Office of the Chief of Police, Administrative Order No. 19, Definitions of Terms Used in the Department Manual – Revised; and, Policy Prohibiting Biased Policing – Revised, November 8, 2019.
1/345. POLICY PROHIBITING BIASED POLICING. (...A failure to comply with this policy is counterproductive to professional law enforcement and is considered to be an act of serious misconduct. Any employee who becomes aware of biased policing or any other violation of this policy shall report it in accordance with established Department procedures.)
Outsourced Training conducted by the Museum of Tolerance: Diversity and Racial Profiling (Tools for Tolerance.
Cultural Awareness Training: The LAPD must establish a program of cultural awareness training (or retraining) to eliminate stereotypes for all officers, developed by independent organization experienced in such training. Supervisory/ administrative officers (Lieutenant I and higher) should be trained first, with remaining officers trained on specified schedule. Retraining of all officers should be done on regular basis.
Ongoing; Needs Improvement
[this is a place holder, needs refinement] Training for officers was mandated at the Museum of Tolerance – Tools for Tolerance Training starting in 1996 (what year?) This training is now called “Building Community Trust and Biased Policing.”
Add History project.
At the request of the Board of Police Commissioners, an assessment was conducted for the Implicit Bias training provided to the Department in 2017 by Dr. Bryant Marks, with a total number of 9,188 officers trained.
Revamp of supervisor school, October 2019.
Creation of “Community Relations Officer”: A new, separate position should be created at the commander level, reporting to the Chief of Police. Responsibilities will include: (i) liaison with those conducting the cultural awareness program; (ii) establishment of liaisons with representatives of minority communities in LA; (iii) establishment of an “ombudsman” to deal with LAPD officers concerning racial and gender matters, including complaints concerning bias and discrimination within LAPD; and (iv) monitoring use of force reports regarding minorities, and public complaints involving racial matters. It is essential that officers have means to address racial grievances to someone other than the officer in charge of the station where the act occurred.
Done.
[this needs refinement] CRO program was created and still exists. Ombudsman was created and existed for about 10 years, but now the OIG generally handles intake of complaints regarding internal retaliation/discrimination.
Community Relations function also exists at the OIG.
Community Relations Section, Special Assistant Fred Booker – Direct Report to Chief of Police.
Address Improper Use of “Prone-Out” Tactic and Unjustified Stops in Minority Communities: The LAPD must address the problems created in minority communities by the inappropriate and unnecessary use of the “prone-out” tactic and the practice of stopping young minority males without proper justification.
AFDR captures stop data which is reported to CAL DOJ.
City of LA Open Portal has raw Department data available to public.
1/574. HIGH - RISK PRONE SEARCH
4/243. HIGH - RISK PRONE SEARCH.
Minority & Female Recruitment: The recruitment effort for African-American, Latino, and female officers should be sustained. Because the Asian population is underrepresented in the LAPD, a special effort should be mounted to recruit Asian officers, especially those with relevant language capabilities.
Ongoing: Needs Attention
Yearly Goal to hire 195 females,
100 African American and 45 Asian Pacific Islanders
New marketing campaign using social media, streaming services, Gmail advertisements, iHeart Radio partnership and consultants.
Promotion of Minority & Female Officers: Female and minority officers must be given full and equal opportunity to assume leadership positions in the LAPD and must be assigned on a nondiscriminatory basis to so-called “coveted positions” and promoted to supervisory and managerial positions on the same basis.
Ongoing: Needs Attention
Quarterly reporting of Blake Justice Consent Decree through OCPP
Over the past five years, the Department has aggregately gained the following within command staff ranks during 2020:
Hispanic Chief of Police
Female Assistant Chief
Asian Pacific Islander and (1) Hispanic Deputy Chief
Female and (1) Hispanic Commander
African American and (1) Hispanic Captain III
Hispanic and (1) Female Captain II
Asian Pacific Islander Captain I
Nondiscrimination of Gay & Lesbian Officers: The LAPD must fully implement in practice its policy of non-discrimination in recruitment and promotion of gay and lesbian officers.
Ongoing
LAPD has a named LGBTQ Liaison at an AC Level with supporting officers
Reference link on LAN Home Page for LGBTQ Liaison with reference material and resource links.
LAPD host two LGBTQ forums annually and the BOPC LGBTQ Mixer is open to all Department employees.
In 2018/2019, collaborated with the LGBTQ Working Group and created the LAPD Transgender, Gender Non-Conforming, and Non-Binary Employee Guidebook.
Posted the LAPD Anti-Discrimination and Retaliation Training Bulletin, published May 2012.
Recruitment of LGBTQ Officers in the LA Blade magazine
Hosted LGBTQ recruitment days
Community-Based Policing
Adoption of Community-Based Policing Model: LAPD should adopt the community-based policing model and implement it fully, albeit carefully, throughout the Department. Continued experimentation with individual programs that use community policing principles can have only limited success, so long as the demand for crime control and crime statistics remains at the core of the Department’s values. It is now time to develop programs to deemphasize force and promote restraint, to foster within the LAPD a different attitude toward the population it serves, and to assist the public to gain greater trust in the Department. Creation of the high-ranking position of Community Relations Officer should assist in breaking down racial barriers and promote greater cooperation between the police and local communities. The Department must develop and employ tactics that emphasize containment and control, rather than confrontation and physical force. LAPD must recognize the merits of community involvement, and must understand that it is accountable to all segments of the community.
Done, but continuous efforts to acertain how the model is working.
See OIG TF reports re: Community Engagement.
add CSP
Community Relations Section, Special Assistant Fred Booker – Direct Report to Chief of Police.
Creation of CSP Bureau August 2020.
Outsourced training by Pat Brown Institute: Community Policing for Managers.
Create Incentives for Community-Based Policing: Incentives should be created to encourage officers to develop innovative programs within their assigned communities. Credit for pay advances and promotions should be given not simply for arrest statistics, but for innovation and creativity in developing and implementing crime prevention programs.
Ongoing/
continuous efforts to improve.
ADD CSP
All sworn positions in CSPB are pay grade advancements.
See OIG TF reports re: Community Engagement.
Recruitment, Selection and Psychological Testing
Focus on Past Behavior: The initial psychological evaluation process should be improved by focusing less on test and oral interview results, and more on an analysis of past behavior as a predictor of future behavior.
Ongoing through the evaluation of the hiring process.
Better, Formalized Training for Background Investigators: In addition to the practice of assigning new investigators to accompany veterans, investigators need formal instruction in how to question candidates and their references. They should be schooled in the basic indicators of abnormal psychological behavior.
Done
The background investigators attend a 32-hour background investigation course hosted at Ben Clark Public Safety Training Center. Upon completion of this course, investigators receive a California Post certificate. Following the course, the Background Investigation Division of Personnel Department hosts a 3-day training for new background investigators. Following that the new background investigators are assigned a training officer to provide on the job training.
Background investigator are under the supervision of sworn supervisors.
Periodic, Unannounced Audits of Background Investigations and Files: More comprehensive audits should be done (by officers who are not members of the Background Investigations Unit or perhaps by the City Personnel Department) to evaluate whether the LAPD focuses too much or too little attention on particular background standards, maintains uniform application of those standards, and appropriately limits inquires about the sexual history of candidates.
Ongoing. OSS continual evaluates disqualifiers for candidates, regular review of drop-out rates during the process.
Continually Bi-weekly meetings with the COP on analysis of work by Personnel Department and Recruitment and Employment Division in this area.
Candidate Should Not be Certified for Hire Until Background Investigation is Complete: Currently, a background investigation may continue even after a candidate has graduated from the Police Academy and begun work as a police officer, which puts public and other officers at risk because candidate may be unsuitable to work as an officer.
At time of academy appointment, a thorough background has been completed. However, the Department investigates all information that comes to light at all times for candidates. This information can lead to removal from the academy (or as an officer) at any point.
Officers Should be Retested Periodically: Officers should be retested every three years to uncover both psychological and physical problems. The proposed retesting would also train officers to develop coping skills to effectively manage stressful situations.
New Initiative – Summer 2020
COP gave approval in July 2020 for a Biennial Officer Wellness Check-in.
BSS will begin the program in Fall 2020 starting with officers assigned to Operations.
Department has a Peer Support Group
FOS qualification tests officer’s decision making in simulated situations throughout their career.
Mandatory BSS visits after OIS, other critical incidents. Three (3) mandatory visits.
Supervisors Should Emphasize the Detection of Problems in Officers’ Field Work: Supervisors must make it clear to officers that they may seek counseling or training either formally or informally, on a confidential basis and without punitive action being taken as a result.
Done
Completed – Areas have Wellness Days and periodic visits from BSS to roll-calls and routine station visits.
Supervisors and CO’s discuss with command regularly. In addition, BSS hosted Family Seminar in August 2020 via Zoom.
BSS regularly attends supervisor update meetings and describes their services.
Academy Training
Appointment of Police Training Administrator (PTA): The PTA should be identified and appointed as soon as possible, consistent with proper selection procedures.
Done.
This is now the Director of Police Training and Education position.
Dr. Luann Pannell was hired for the position.
Review of Human Relations/Cultural Awareness and Verbal Skills Training: These trainings should be reviewed by the PTA and the Professional Advisory Committee (PAC), who should consider expanding and moving those classes to the beginning of the curriculum, and integrating those skills with the tactical, use of force, physical, and foreign language training through the use of “lifelike” situation simulations.
Done.
See discussion of various trainings, such as PSL, Implicit Bias, and Fair and Impartial Policing trainings in OIG TF Report --
Also, Department has integrated life-like UOF simulations via the force-option simulator.
Review of Foreign Language Training: Foreign language training, especially Spanish, should be reviewed by the PTA to correct present deficiencies. Incentivize recruits and officers with an interest in developing broader language skills.
Access to “language bank” via telephone. Several sworn with foreign language proficiency who receive language pay for multiple languages. 48% of Department is Hispanic.
Field Work Before Graduation: Recruits should spend a significant amount of time in the field before graduation or should return to the Academy for additional training after having spent a period of time in the field.
Done. (A version of this.)
PSL functions in essentially the same way as was anticipated by the CC. See discussion in OIG TF Report -- https://a27e0481-a3d0-44b8-8142-1376cfbb6e32.filesusr.com/ugd/b2dd23_68104e440d624094ad9e7e6e3971bb5f.pdf
The Academy’s Commanding Officer & Instructional Staff: The Academy’s commanding officer should serve a minimum period of time in that position, such as 3 years, and have greater discretion to remove instructional staff. Instructional staff should have either a minimum period of field experience, such as 5 years, or some unique expertise. The term of service for instructors should be limited to a specified period, such as 5 years.
Current acceptance of a position within Training Division and In-Service Training Division has a maximum 5-year term limit (Sergeant and Officer Ranks).
CO appointed at the discretion of COP, assignment is based on needs of the Department. Certain instructors have extensive certification.
High Performance Standards: The Academy should establish high performance standards in academic as well as physical fitness endeavors for recruits to qualify for graduation. The Academy should terminate those recruits who fail to meet those standards.
POST regulations
used by the academy allow for each test to be taken twice with
minimum passing scores. The minimum passing scores for each test
vary with the lowest score being 70%. If a recruit fails the first
attempt they are remediated and p
ermitted
to retake the test. However, if a recruit fails the second attempt
they are disqualified from the academy.
LAPD Academy is 912 hours compared to only 664 hours required by POST.
Field Training
Content of Training: Probationers’ training should include systematic instruction on the use of verbal skills, recognition of when force is appropriately used, and cultural awareness and sensitivity.
Probationary Police Officer Weekly Evaluation Report (PPOWER) has the categories: 4- Department Polices/Procedures, 5- Law, LAMC, Search and Seizure, 23- Use of Common Sense and Good Judgement, 27- Relationships with Citizens in General, 28- Relationships with Ethnic Groups or Gender Other Than Own
Termination of Unsatisfactory Probationers: The Department should encourage and facilitate Field Training Officer (FTO) efforts to terminate unsatisfactory probationers, including those exhibiting an inability to interact appropriately with the public.
Done.
See OIG’s TF report (FTO training discussion) -- https://a27e0481-a3d0-44b8-8142-1376cfbb6e32.filesusr.com/ugd/b2dd23_68104e440d624094ad9e7e6e3971bb5f.pdf
Probationary Police Officer Weekly Evaluation Report (PPOWER) includes categories for:
27) Relationships with citizens in general
28) Relationships with ethnic groups or gender other than their own.
Development of Selection Criteria of FTOs: Uniform criteria for selection of FTOs should be established. FTOs should be required to have at least 5 years’ field experience. Priority should be given to officers with the ability and interest to train junior officers.
Must be certified on the FTO eligibility list prior to being able to be selected. Varying requirements based on years of service, field experience.
Standard Based Assessment has additional evaluation for FTO.
Complaints History as Factor in FTO Selection: Officers with sustained complaints for use of excessive force or other serious violations of Departmental policy within the past 5 years should be disqualified from serving as FTOs, except as specifically approved for the position under guidelines established by the Department. An officer’s entire disciplinary record, including unsustained complaints and the officer’s history of use of force, should be weighed in the FTO selection process.
All sustained complaints with penalties are available for review to the interview board.
All sustained complaints with or without penalties within the previous five years of the date application are available for review to the interview board.
Non-sustained complaints are not available for review to the interview board.
Tests and Incentives for FTOs: To become FTOs, officers should be required to pass written and oral tests designed to measure communication skills, teaching aptitude and knowledge of Departmental policies regarding appropriate use of force, cultural sensitivity
Pending forthcoming Department changes.
Also see FTO training discussion in OIG’s TF Report -- https://a27e0481-a3d0-44b8-8142-1376cfbb6e32.filesusr.com/ugd/b2dd23_68104e440d624094ad9e7e6e3971bb5f.pdf
The Department had a written test in the past.
The Department currently uses an oral interview process for FTO selection after three years of qualified work experience submitted and verified by Personnel Division.
Interview questions are geared toward field training questions and tests a candidates knowledge and experience with Department policies, procedures, field training manual, use of force, implicit bias and procedural justice.
FTO School: Successful completion of FTO School should be required before an FTO begins training probationers. FTO School curriculum should be modified to place greater emphasis on communication skills, teaching skills, appropriate use of force, and sensitivity to specific cultural differences within Los Angeles. FTO training should include a substantial continuing education component.
See OIG’s TF Report (FTO training discussion) --
The Department currently requires the completion of FTO school prior to training probationary officers.
FTO school is attended upon promotion and the FTO update course is attended every 24 months thereafter.
Mental Health Intervention Training (MHIT) is attended within 6 months of promotion.
Continuing Education
Roll Call and In-Service Training: The Academy should take responsibility over roll call and other in-service training by providing a pool of officers whose function is supervising roll call training and the implementation of effective in-service training days. The Academy should develop detailed training outlines that every division would use and have Academy instructors available to assist watch commanders to implement.
Electronic roll call training site on Department LAN provides training for each day, provided by ISTD.
Command Accountability: Command accountability and effective supervisory techniques should be the primary focus of the training of sergeants, lieutenants, and captains.
Supervisors attend the following training either upon promotion or in some cases prior to promotion:
Promotions
Consider Sustained and Not Sustained Complaints: Summaries of not sustained complaints, as well as the sustained complaint information that is presently available, should be included in an officer’s central and division personnel file. The full complaint file should be available for review on requests. Interview Boards and those making discretionary paygrade advancement decisions should carefully consider these complaints.
Done.
All sustained complaints with penalties are available for review to the interview board.
All sustained complaints with or without penalties within the previous five years of the date application are available for review to the interview board.
Non-sustained complaints are not available for review to the interview board.
Remaining in Patrol a Positive Factor: An officer’s decision to remain in patrol (especially where the officer’s record demonstrates the qualifications to transfer out of patrol) should be a positive factor in promotion decisions.
Currently at the discretion of the Area and Bureau commanding officers.
Assignment & Transfer
Consider Sustained and Not Sustained Complaints: Histories of sustained and not sustained complaints should be available to managerial officers for use in making desirable assignments.
Done.
All sustained complaints with penalties are available for review to the interview board.
All sustained complaints with or without penalties within the previous five years of the date application are available for review to the interview board.
Non-sustained complaints are not available for review to the interview board.
Administrative Transfers: Administrative assignments should not be used simply to transfer a problem officer from one division to another. Rather, division commanding officers should enroll such an officer in a formal or informal training or counsel program. If that program is unsuccessful, an assignment should not place the officer in the position of repeating inappropriate conduct. If an administrative transfer is necessary, an explicit statement as to any appropriate assignment limitations should be included with the transfer, and such officers should not be transferred to the jail division.
Administrative transfers are overseen by the Department Employee Relations Administrator, and approved by the Director, OSS.
Other Personnel Issues
Assignment Policy for Patrol Officers: The assignment policy for patrol officers should be modified to require periodic, mandatory rotations every 5 years in a manner designed to increase ethnic and gender diversity among divisions, and to expose officers to a broad variety of division experiences. Officers should rotate back into patrol after reasonable tours of duty in non-patrol assignments.
Incentives for Patrol: Increased rewards for patrol functions should be provided. The Department should consider, for example, augmenting the longevity pay program already in place.
Compensation is LAPPL and City negotiated.
Longevity pay exists at police officer rank at 10, 15, 20-year intervals.
Uniform incentive of 1.25% exists for Patrol.
Psychological Retesting: Officers should be retested psychologically during their careers to recognize and treat early signs of stress. The Behavioral Science Services Section can be used to help treat stress and in training supervisory officers to recognize stress symptoms in those they supervise.
New Initiative – Summer 2020
Support City Charter Amendment Impacting Pension for Disability Caused By Serious Misconduct: The Commission supports a City Charter amendment that would direct the Board of Pension Commissioners to take into account as a negative factor if an officer’s disability is a direct result of serious misconduct (based on a similar Labor Code provision limiting workers compensation benefits if activity giving rise to death/disability was expressly prohibited by departmental regulations).
Complaint Intake
Creation of Office of the Inspector General: The Police Commission should create an Office of the Inspector General within the Police Commission, reporting directly to the Commission and its Chief of Staff, to audit and oversee the complaint and disciplinary process.
Done.
City Charter Amendment in 1995 – Volume 1, Article V, Section 573 created the OIG.
Ease Barriers to Public in Filing Complaint: The Police Commission should publicize the ways to obtain complaint forms and to complete and file them. The straightforward form (and related posters) should be printed in English, Spanish, and other appropriate languages. Complaint should be received at places in addition to the police station, such as City Council district officers. The Inspector General should have trained personnel available through a telephone hotline ready to help people complete and file complaints.
Done.
Inspector General’s Retention of Complaints: The IG’s office should maintain a file of each complaint, and then route the complaint to IAD. If complaint initiated at IAD, it should be routed to the IG’s office.
Done.
Extend Statute of Limitations: The one year statute of limitations set forth in City Charter Section 202 should be extended and modified.
Not Done.
Investigate Civil Claims of Police Misconduct: The City Attorney’s Office should promptly notify the Police Commission and the Department when civil claims are filed against the City arising out of alleged police misconduct. The Department, through IAD, should investigate every significant claim.
Done.
4/296.01 BUSINESS CARDS - DETAINEE RELEASED WITHOUT BEING BOOKED OR CITED. When any person detained by an employee of this Department is subsequently released without being booked or cited, the responsible officer shall explain the reason for the detention. Prior to the person's release, the officer shall offer to provide the detained person an official Department business card, and, if requested, provide the business card complete with the officer's name and the division of assignment.
Business Cards Handed Out Following Contact with Public: The Department should actively enforce the already existing requirement that business cards be handed out following police contact with the public.
Done.
This is an area that requires constant attention even though it has been completed.
Investigation of Complaints
Excessive Force Complaints Investigated by IAD: All complaints relating to excessive force (including improper tactics) should be investigated by IAD rather than the division, and should be subject to periodic audits by the Police Commission through its Inspector General.
Done.
[note from IG] OIG did conduct periodic audits relating to excessive force allegations during the Consent Decree years. Example of such reports, completed post-Consent Decree –
The Department uses “unauthorized force” to categorize complaints related to force.
IAD’s Composition: IAD investigators should generally be detectives. Longer assignments to IAD should be established to allow investigators to develop the detachment necessary for full and fair investigations.
Done.
IAD’s Structural Independence: The head of IAD should be a deputy chief and should report directly to the Chief of Police, and work closely with the Police Commission and its Inspector General.
Done.
Currently, the Commanding Officer for Professional Standards Bureau if Deputy Chief Robert Marino.
Inspector General Oversight: IAD should route the completed investigation file to the IG, which will be able to satisfy itself that the investigation is thorough and complete.
IG representative attends IA signings.
Immediately Discontinue Improper Investigative Practices: There should be no group interviews of officers and no “pre-interviews” of officers before taking their statements. As is currently done by IAD, all interviews should be tape recorded in excessive force related cases (including improper tactics) as well as in cases involving shootings.
Done.
Special Precautions if Conduct Potentially Criminal: In an investigation where the officer’s conduct is potentially criminal, special precautions should be taken to protect against compromising evidence against the officer.
Done.
Investigation of Bystander Officers: In excessive force cases, IAD should investigate the role of all bystander officers to determine whether and to what degree they are in violation of Department policy.
Done.
Classification & Adjudication of Complaints
Initial Classification: The initial classification of complaints should be made by the bureau commanding officer (a Deputy Chief or commander) not the charged officer’s division commanding officer.
Done
Goes through COC review as standard operating procedure.
Modify Classification Terminology: The “not sustained” classification should be renamed “not resolved.”
Done.
Use of Findings: A “not resolved” finding, while not sufficient to impose discipline in that particular case, should be available for review in future investigations, as well as considered in employee evaluations and for purposes of promotions and upgrades. Any finding, including unfounded an exonerated, should be available for non-punitive purposes such as training, counseling, and assignment.
Not resolved can be used investigative to establish pattern of conduct.
Cannot use for promotions or upgrades.
Training can be given regardless of complaint disposition.
Discontinue “Tie Goes to Officer” Approach: The automatic preference for officers’ testimony should not be relied on as a decision-making technique. All available evidence, including statements from witnesses (whether they are deemed independent or involved) should be fairly and dispassionately evaluated in making a classification based on a preponderance of the evidence standard.
Done.
IAD “Second Look” at Investigation and Classification: After the initial adjudication is complete, the file should be sent back to IAD for its review of the investigation and classification. A copy of the completed complaint file should simultaneously be routed to the IG’s office.
IAD reviews final adjudication and either concurs or recommends different penalty to COP.
Evaluation of Command Officers & Bureau Chiefs: The bureau chief should provide subordinate command officers monthly with a list of officers who have been the subject of personnel complaints and the results of the adjudicated complaints. Evaluation of command officers should take into account and give significant weight to the complaint histories of the officers under that person’s command. Likewise, bureau chiefs should be evaluated on their effectiveness in dealing with subordinate commanders whose divisions are a source of high levels of personnel complaints.
This function on the whole could be better.
See discussions from OIG’s TF report re: discipline SPIG (officers’ perceived inequities/inconsistencies in the disciplinary system relating to supervisors and how they are given preferential treatment/not always held accountable in the same ways that line officers are.)
Written Explanation by Police Chief: If a complaint is sustained and there is a recommendation for suspension or removal, the Chief of Police should submit to the IG a written explanation containing the facts and reasons for any modification in the classification or the penalty.
Ongoing, IG present during IA case signings.
Consideration of Evidence from Past Complaints: Bureau chiefs and Board of Rights should be permitted to consider evidence adduced in prior complaints that were classified sustained or not resolved, and the City Charter should be amended to so provide. These fact finder should be permitted to give whatever weight to that evidence they deem appropriate. The Board of Rights may, in its discretion, consider evidence of such complaints, including the testimony of the prior complainant.
City Charter issue
Composition of Board of Rights: The City Charter should be amended to provide that if a Board of Rights is convened, one of the three members should be a civilian representative from the IG’s office. The other two Board members should be randomly selected from among qualified officers, without further selection by the charged officer as is now allowed.
[will add the new charter change, allowing 2 civilians]
Current proposal anticipates civilian-heavy Boards, but OIG staff members have never been such representatives on Boards.
Public Accountability
Annual Disciplinary Audit by IG: The Inspector General should audit the disciplinary system at least annually, and forward that detailed audit to the Police Commission for its review and approval. The results of this audit should be incorporated into the Chief of Police’s performance review. The Chief of Police should be required to respond to this audit. The Police Commission should publish the audit and the Chief of Police’s response to the public, and should set aside a particular public meeting or meetings to review the audit and to take public comment.
Formerly done.
[IG note] Done regularly during Consent Decree years. However, the OIG continuously oversees the discipline system.
Structural Issues
Police Commission: The Police Commission should remain a 5-member part-time body. Police Commissioners should reflect the City’s diversity, and be persons of stature and experience with the ability to make balanced, fair-minded judgments and to act constructively and decisively. Police Commissioners should serve a maximum of 5 years, with staggered terms; and no one should serve more than two consecutive years as President. Police Commissioners’ compensation should be increased substantially to reflect importance of position and significant time commitment required. Approximately $1500 per month sees reasonable.
Increase of Police Commission’s Staff: The Police Commission’s independent staff should be increased and placed under the direction and control of a civilian Chief of Staff. Most, if not all, of the additional staff should be civilian employees with expertise in areas most useful to the Police Commission, including management auditors, computer-systems data analysts, investigators with law enforcement experience, and attorneys. Anticipate at least 15 to 20 such positions will be needed, including 4-5 staff attorneys. Additional staff will also be needed to assist the Police Commission in carrying out is recommended citizen complaint function.
Done.
Slightly different in experience and backgrounds though.
Reassignment of Permit Function: The Police Commission’s permit function should be reassigned to another body, either inside or outside the Police Department.
Not implemented.
Permit function remains within the BOPC.
Not a priority.
Chief of Police Exempted From Civil Service Provisions: The selection, tenure, discipline, and removal of the Police Chief should be exempted from existing civil service provisions.
Done.
Mayor/BOPC responsible for selection, tenure, discipline, removal.
Appointment of Police Chief: The Police Chief should be appointed by the Mayor, with the advice and consent of a majority of City Council. Candidates for Chief should be recruited, tested and ranked through a system of open competition administered by the City’s Personnel Department.
Done.
Term Limit for Police Chief: The Police Chief should serve a 5-year term, renewable at the discretion of the Police Commission for one additional 5-year term. There should be no property right in or to the position, nor any right to renewal; neither the Mayor nor the City Council should have authority to overrule the Police Commission’s decision whether or not to renew the Chief for a second term.
Done.
Annual Review of Police Chief: The Police Commission should perform a meaningful annual review of the Chief’s performance and document its evaluation.
Done.
Termination of Police Chief: The Police Commission should have the authority to terminate the Chief prior to the expiration of the first or second 5-year term, but the final decision should require concurrence of the Mayor. The Chief thereafter may request a hearing before the City Council, which may in its discretion overrule the decision by a 2/3 vote.
Done.
Police Chief Should Not Endorse Candidates: The Chief of Police should not endorse candidates for public office.
Done.
Implementation
Enact City Council Ordinance: The City Council should enact an ordinance paralleling the Federal Advisory Committee Act. The City Council should require a report with regards to the implementation of this Report at 6-month intervals.
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REMOVE FROM CHART – implementation of the Christopher Commission report not relevant.
Community Organizations: Community organizations should accept responsibility for assessing the Report.
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REMOVE FROM CHART – implementation of the Christopher Commission report not relevant.
Distinguished Citizens: A committee of distinguished citizens should be organized to advocate and monitor enactment of the recommended reforms.
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REMOVE FROM CHART – implementation of the Christopher Commission report not relevant.
Reconvening Commission in Six Months: The Commission should reconvene six months following its Report to assess the implementation of its recommendations and to report to the public.
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REMOVE FROM CHART – implementation of the Christopher Commission report not relevant.
Commence Transition of Chief of Police Position: Given that Chief Gates served 13 years as Chief of Police, commencement of a transition is that office is now appropriate.
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REMOVE FROM CHART – implementation of the Christopher Commission report not relevant.
Reconstitute Police Commission: The Police Commission should be reconstituted with members not identified with the recent controversy involving the Police Chief.
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REMOVE FROM CHART – implementation of the Christopher Commission report not relevant.