Cleveland Consent Decree with Department of Justice
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On Tuesday, May 26, 2015, the City of Cleveland and the U.S. Department of Justice (DOJ) released a 105-page agreement addressing concerns about Cleveland Division of Police (CDP) use-of-force policies and practices.
The agreement follows a two-year Department of Justice investigation, prompted by a request from Cleveland Mayor Frank Jackson,[1] to determine whether the CDP engaged in a pattern or practice of the use of excessive force in violation of the Fourth Amendment of the United States Constitution and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C § 14141 (Section 14141"). Under Section 14141, the Department of Justice is granted authority to seek declaratory or equitable relief to remedy a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the Constitution or federal law.
U.S. Attorney General Eric Holder and U.S. Attorney Steven Dettelbach announced the findings of the DOJ investigation in Cleveland on December 4, 2014.[2] After reviewing nearly 600 use-of-force incidents from 2010 to 2013 and conducting thousands of interviews, the investigators found systemic patterns insufficient accountability mechanisms, inadequate training, ineffective policies, and inadequate community engagement.[2][3]
At the same time as the announcement of the investigation findings, the City of Cleveland and the Department of Justice issued a Joint Statement of Principles agreeing to begin negotiations with the intention of reaching a court-enforceable settlement agreement.
The details of the settlement agreement, or consent decree, were released on May 26, 2015. The agreement mandates sweeping changes in training for recruits and seasoned officers, developing programs to identify and support troubled officers, updating technology and data management practices, and an independent monitor to ensure that the goals of the decree are met. The agreement is not an admission or evidence of liability, nor is it an admission by the City, CDP, or its officers and employees that they have engaged in unconstitutional, illegal, or otherwise improper activities or conduct. Pending approval from a federal judge,[4] the consent decree will be implemented and the agreement is binding.
Provisions of the consent decree
The Cleveland Consent Decree is divided into 15 divisions, with 462 enumerated items.[5] At least some of the provisions have been identified as unique to Cleveland:
- a civilian inspector general who will review the work of the police officers. This position will be appointed by the Mayor but report to the Police Chief. It is intended to provide an additional layer of accountability and scrutiny.[6]
- an equipment inventory that must result in a study by the police that shows what is needed.[7]
On Friday, June 12, 2015, Chief U.S. District Judge Solomon Oliver Jr. approved and signed the consent decree.[8] The signing of the agreement starts the clock for numerous deadlines that must be met. These deadlines include:
- Within 90 days (September 10, 2015):
- The City of Cleveland and the USDOJ must appoint a monitor. The monitor, in turn, within 120 days of appointment, must develop a plan to conduct compliance reviews of the police department. The monitor's term lasts a minimum of five years.[9]
- The 13 member Community Police Commission must be established. The Commission will make recommendations on community-oriented, bias-free and transparent policing. Once established, they must hold meetings throughout the city.[9]
- CDP must designate a crisis intervention coordinator to foster better communication between the police department and the mental-health community.[9]
- Within 120 days (October 10, 2015): Cleveland Mayor Frank Jackson[9] and the Cleveland City Council will have to place a charter amendment on the ballot that ensures a transparent process for appointment of police review board members.[9]
- Within 150 days (November 9, 2015): A system for tracking complaints must be established by the Cleveland Office of Professional Standards. The office will have 90 days to develop criteria for both standard and complex complaints.[9]
- Within 180 days (December 9, 2015):
- The federal monitor must survey Cleveland communities to determine how their perceptions of police have changed. The survey will be conducted every two years, with public reports being filed every six months on how well the police department is following the consent decree's requirements.[9]
- CDP must put together a mental health advisory committee. This committee will help officers develop better strategies for responding to incidents involving mental-health issues.[9]
- The Office of Professional Standards will develop a revised operations manual and make it available to the public.[9]
- CDP must develop a training curriculum in accordance with the consent decree.[9]
- CDP must start using a department-wide email system to improve communication. Patrol officers will not have access to information about misconduct allegations.[9]
- Within 270 days (March 8, 2016): The police department must revise its field-training manual to put it in line with the consent decree. It must also develop a mechanism for recruits that allows them to provide feedback about the effectiveness of their training.[9]
- Within 365 days (June 12, 2016):
- CDP will have the systems in place to monitor police outreach to the community. The federal monitor will assess how well they work.[9]
- CDP will provide current officers with training in use-of-force decision-making, use-of-force reporting requirements, the Fourth Amendment, and deescalation of conflict techniques.[9]
- CDP will implement a uniform use-of-force reporting system.[9]
- CDP will ensure that all officers have gone through at least eight hours of crisis intervention training,[9]
- The Office of Professional Standards must train investigators on how to conduct in-depth administrative investigations.[9]
- The City of Cleveland must provide the public with information on how to file complaints through the Office of Professional Standards. The City must also train police personnel on how to take civilian complaints.[9]
- CDP's Training Review Committee must develop a written training plan for recruitment and training. The plan must ensure police officers are effectively trained in accordance with the consent decree's guidelines.[9]
- CDP must assess equipment needs relative to satisfying the consent decree.[9]
- CDP must complete a study to determine how many sworn officers and civilian personnel it needs to fulfill its responsibilities and comply with the decree. Within 180 days of completion of the study, CDP must develop a staffing plan.[9]
- CDP must implement mandatory training for all supervisors as aligned with the consent decree.[9]
- CDP must create a plan to modify the officer intervention program to better manage and identify problem police officers.[9]
- Within 18 months (December 12, 2016): CPD must develop a bias-free policing policy based on the Community Police Commission's recommendations. The policy will be used in hiring decisions and promotion of police officer decisions.[9]
- Within two and a half years (December 12, 2017): The monitor will complete an assessment and determine compliance with and impact of the consent decree guidelines.[9]
- At five years (June 12, 2020): If CPD has not demonstrated compliance with the consent decree, the monitor's term will be extended. However, only upon a court's determination can the monitor's oversight be extended beyond seven years.[9]
References
- ↑ http://www.cleveland.com/metro/index.ssf/2015/05/doj_consent_decree_a_timeline.html#incart_related_stories
- ↑ 2.0 2.1 http://www.cleveland.com/court-justice/index.ssf/2014/12/justice_department_recommends.html
- ↑ http://www.cleveland.com/forcing-change/index.ssf/2015/01/forcing_change_a_decade_of_civ.html
- ↑ http://www.cleveland.com/metro/index.ssf/2015/05/cleveland_consent_decree_provi.html
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